HomeMy WebLinkAbout1976-03-01-TE-Warrant-and-1976-03-22-ATM-Warrant TOWN WARRANT .t f, ry -T i 4
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To either of the Constables of the Town of Lexington, in said County,
Greeting:
In the name of the Commonwealth of Massachusetts, you are directed to notify the
inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs
to meet in their respective voting places in said Town.
PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE,
BRIDGE SCHOOL; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING;
PRECINCT SIX, WILLIAM DIAMOND JUNIOR HIGH SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL;
PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on
Monday, the first day of March, A.D. , 1976 at 7:00 o'clock A.M. , then there to act on
the following articles:
ARTICLE 1. To choose by ballot the following Town Officers:
One Selectmen for the term of three years;
Two members of the School Committee for the term of three years;
One member of the Planning Board for the term of five years;
One Moderator for the term of one year;
One member of the Lexington Housing Authority for the term of five years;
Nine Town Meeting Members in Precinct One, the seven receiving the highest number of
votes to serve for the term of three years, the two receiving the next highest
number of votes to fill unexpired terms ending March, 1977;
Eight Town Meeting Members in Precinct Two, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1977;
Eight Town Meeting Members in Precinct Three, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1978;
Eight Town Meeting Members in Precinct Four, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1977;
Seven Town Meeting Members in Precinct Five, for the term of three years;
Seven Town Meeting Members in Precinct Six, for the term of three years;
Eight Town Meeting Members in Precinct Seven, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1978;
Seven Town Meeting Members in Precinct Eight, for the term of three years;
Seven Town Meeting Members in Precinct Nine, for the term of three years.
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The polls will be open at 7:00 A.M. and will remain open until 8:00 P.M.
You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall
in said Town on Monday, the twenty-second day of March, 1976, at 8:00 P.M. , at which
time and place the following articles are to be acted upon and determined exclusively
by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as
amended, and subject to the referendum provided for by Section eight of said Chapter,
as amended.
ARTICLE 2. To receive the reports of any Board of Town Officers or of any
Committee of the Town.
ARTICLE 3. To see if the Town will authorize the appointment of the committee
on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in
any other manner in relation thereto.
ARTICLE 4. To see if the Town will make appropriations for expenditures by
departments, officers, boards, and committees of the Town for the ensuing fiscal
year and determine whether the money shall be provided by the tax levy or by
transfer from available funds, including any special funds, or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 5. To see if the Town will make appropriations for the ensuing fiscal
year, in addition to those authorized under Article 4 of this warrant, to fund cost
items included in collective bargaining agreements reached between the Town and
employee organizations and determine whether the money shall be provided by the tax
levy or by transfer from available funds, including any special funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 6. To see if the Town will make supplementary appropriations, to be
used in conjunction with money appropriated under Article 4 of the warrant for the
1975 annual town meeting, to be used during the current fiscal year and determine
whether the money shall be provided by transfer from available funds; or act in any
other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 7. To see if the Town will raise and appropriate money to pay any unpaid
bills rendered to the Town for prior years; determine whether the money shall be pro-
vided by the tax levy, or by transfer from available funds, or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 8. To see if the Town will appropriate a sum of money for the Reserve
Fund as provided by Section 6 of Chapter 40 of the General Laws, and determine whether
the money shall be provided by the tax levy, by transfer from available funds, including
the Reserve Fund - Overlay Surplus, or by any combination of these methods; or act in
any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 9. To see if the Town will authorize the Selectmen to petition the
Director of Accounts of the State for an audit for the current fiscal year; or act in
any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 10. To see if the Town will vote to appropriate the total amount of State
Aid to public libraries received in 1976 to the Trustees of the Cary Memorial Library
to use in improving and extending library services in Lexington; or act in any other
manner in relation thereto.
(Inserted at the request of Library Trustees)
ARTICLE 11. To see if the Town will appropriate a sum of money to clean and
maintain streams and brooks in the Town, and determine whether the money shall be
provided by the tax levy, or by transfer from available funds, or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 12. To see if the Town will make supplementary appropriations to be used
in conjunction with money appropriated in prior years for the installation or construction
of water mains, sewers and sewerage systems, drains, streets, or buildings that have
heretofore been authorized, and determine whether the money shall be provided by the tax
levy, or by transfer from available funds, or by borrowing, or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 13. To see if the Town will vote to install street lights in such unaccepted
streets as the Selectmen may determine prior to the final adjournment of the 1977 Annual
Town Meeting; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 14. To see if the Town will authorize the Selectmen to obtain appraisals
on land and on rights therein that they desire to recommend be acquired by the Town as
locations for future streets or for playground or recreational or open space or off-street
parking or school purposes; or any combination of said purposes, and will authorize the
Selectmen to acquire by purchase, eminent domain, or otherwise, the land or rights
therein that are recommended for such purposes, appropriate money for such appraisals
and land acquisition and determine whether the money shall be provided by the tax levy,
or by transfer from available funds, or by any combination of these methods; or act in
any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 15. To see if the Town will vote to authorize the Town Treasurer, with the
approval of the Selectmen, to borrow money from time to time in anticipation of the revenue
for the fiscal year beginning July 1, 1976, and to issue a note or notes therefor, payable
within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as
amended and to renew any note or notes as may be given for a period of less than one year,
in accordance with the provisions of General Laws, Chapter 44, Section 17; or act in any
other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICT.P 16. To see if the Town will authorize the Selectmen to install curbing
at such locations as they may determine; appropriate a sum of money for such installation,
and determine whether the money shall be provided by the tax levy, or by transfer from
available funds, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 17. To see if the Town will vote to install drains in such accepted or
unaccepted streets or other land as the Selectmen may determine, including the widening,
deepening or altering the course of brooks, streams and water courses and the construction
of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926,
as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary therefor; appropriate money for
such installation and land acquisition and determine whether the money shall be
provided by the tax levy, by transfer from available funds, or by borrowing, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTIrT,r 18. To see if the Town will vote to install new or replacement water
mains in such accepted or unaccepted streets or other land as the Selectmen may determine,
subject to the assessment of betterments or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary
therefor; appropriate money for such installation and land acquisition and determine
whether the money shall be provided by the tax levy, by transfer from available funds,
including any special water funds, or by borrowing, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 19. To see if the Town will authorize the Selectmen to construct concrete,
bituminous concrete or other sidewalks where the abutting owner pays one-half of the
cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any
temporary construction easements in land necessary therefor; appropriate a sum of
money for such construction and land acquisition, and determine whether the money shall
be provided by the tax levy, or by transfer from available funds, or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 20. To see if the Town will vote to install sewer mains and sewerage
systems in such accepted or unaccepted streets or other land as the Selectmen may
determine, subject to the assessment of betterments or otherwise, in accordance with
Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof,
or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; appropriate money for such
installation and land acquisition and determine whether the money shall be provided
by the tax levy, by transfer from available funds, including any special sewer funds,
or by borrowing, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 21. To see if the Town will vote to install trunk sewers in the Marrett
Road area of the Town as the Selectmen may determine, subject to the assessment of
betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts
in addition thereto and in amendment thereof, or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefor; appropriate money for such installation and land acquisition and
determine whether the money shall be provided by the tax levy, by transfer from
available funds, including any special sewer funds, or by borrowing, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 22. To see if the Town will vote to install trunk sewers in the Constitution
Road area of the Town as the Selectmen may determine, subject to the assessment of better-
ments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in
addition thereto and in amendment thereof, or otherwise acquire any fee, easement or
other interest in land necessary therefor; appropriate money for such installation, and
land acquisition and determine whether the money shall be provided by the tax levy, by
transfer from available funds, including any special sewer funds, or by borrowing, or
by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 23. To see if the Town will vote to install trunk sewers in the Hayes
Lane area of the Town as the Selectmen may determine , subject to the assessment of
betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and
acts in addition thereto and in amendment thereof, or otherwise acquire any fee,
easement or other interest in land necessary therefor; appropriate money for such
installation and land acquisition and determine whether the money shall be provided
by the tax levy, by transfer from available funds, including any special sewer funds,
or by borrowing, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 24. To see if the Town will appropriate a sum of money for the purchase
by or with the approval of the Selectmen of equipment for the Department of Public
Works, and determine whether the money shall be provided by the tax levy, by transfer
from available funds, or by borrowing, or by any combination of these methods; or act
in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 25. To see if the Town will appropriate a sum of money for engineering
services for an inflow infiltration study of the Town's sewer system; determine whether
the money shall be provided by the tax levy, or by transfer from available funds, or
by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 26. To see if the Town will appropriate a sum of money for highway
construction under the authority of Chapter 90 of the General Laws„ and determine
whether the money shall be provided by the tax levy, or by transfer from available
funds, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 27. To see if the Town will appropriate a sum of money for highway
maintenance under the authority of Chapter 90 of the General Laws,-, and determine
whether the money shall be provided by the tax levy, or by transfer from available
funds, or by any combination of these methods; or act in any other manner in relation
thereto.
(Inserted by Board of Selectmen)
ARTICLE 28. To see if the Town will appropriate a sum of money for engineering
services for a comprehensive drainage study of the Town; determine whether the money
shall be provided by the tax levy, or by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 29. To see if the Town will appropriate a sum of money for the development
of Westview Cemetery, and determine whether the money shall be provided by the tax levy
or by transfer from available funds, including the Westview Sale of Lots Fund, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 30. To see if the Town will appropriate a sum of money for the study of
community development needs including, but not limited to, consideration of open space
planning, recreation needs, business center development, and environmental concerns;
determine whether the money shall be provided by the tax levy, or by transfer from
available funds, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted by Planning Board)
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ARTICLE 31. To see if the Town will appropriate a sum of money to construct a drain
in the Estabrook School parking area; determine whether the money shall be provided by
the tax levy, or by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 32. To see if the Town will appropriate a sum of money to replace the
flag pole on the Battle Green; determine whether the money shall be provided by the
tax levy, or by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 33. To see if the Town will appropriate a sum of money, in addition to
monc]y previously appropriated, for a revaluation of all taxable property in the Town;
determine whether the money shall be provided by the tax levy, or by transfer from
available funds, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 34. To see if the Town will appropriate a sum of money for the installation
of traffic control signals at the intersection of Waltham Street and Worthen Road, and
to take by eminent domain, purchase or otherwise acquire any fee, easement or other
interest in land necessary therefor; and raise and appropriate money for the installation
of said signals and for land acquisition; determine whether the money shall be provided
by the tax levy, by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 35. To see if the Town will appropriate a sum of money for the installation
of traffic control signals on Massachusetts Avenue at the Munroe School; determine whether
the money shall be provided by the tax levy, or by transfer from available funds, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 36. To see if the Town will appropriate a sum of money for upgrading
the traffic control signals at the intersection of Bedford Street and Worthen Road by
installing a pedestrian crossing signal; determine whether the money shall be provided
by the tax levy, or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 37. To see if the Town will appropriate a sum of money to be expended
by the Selectmen as authorized by Chapter 570 of the Acts of 1962 for reimbursing
subdividers for part of the cost of constructing ways or installing municipal services,
as required by the Planning Board in its approval of definitive subdivision plans
under the Subdivision Control Law, of a greater width or size than would be required
to serve the subdivision alone, the reimbursement as to any subdivision not to
exceed the amount recommended by the Planning Board, and determine whether the money
shall be provided by the tax levy, or by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted at the request of the Planning Board)
ARTICLE 38. To see if the Town will appropriate a sum of money for improvements
at the Harrington School ball field; determine whether the money shall be provided
by the tax levy, or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
ARTICLE 39. To see if the Town will appropriate a sum of money for engineering
services to study the feasibility of renovating the Center Pool and for preliminary
plans for such renovation; determine whether the money shall be provided by the tax
levy, or by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
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ARTICLE 40. To see if the Town will appropriate a sum of money, in addition to
money previously appropriated, for lighting the baseball field at the Center playground;
determine whether the money shall be provided by the tax levy, or by transfer from
available funds, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted at the request of Recreation Committee)
ARTICLE 41. To see if the Town will appropriate a sum of money for the construction
of four tennis courts at Diamond Junior High School; determine whether the money shall
be provided by the tax levy, or by transfer from available funds, or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
ARTICLE 42. To see if the Town will vote to authorize the Selectmen, with the
approval of the Conservation Commission, to lease a portion of the Town-owned
recreation land situated under the Boston Edison basement between Turning Mill Road
and Grove Street, acquired under Articles 43 and 44 of the 1960 annual Town meeting,
for construction and maintenance, by a neighborhood association, of three tennis
courts, and to set the terms and conditions of said lease, or act in any other manner
in relation thereto.
(Inserted at the request of ten or more registered voters)
ARTICLE 43. To see if the Town will vote to name the Center Playground tennis
courts in memory of Charles F. Gallagher, Jr. , or act in any other manner in relation
thereto.
(Inserted at the request of Recreation Commission)
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ARTICLE 44. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 42A on Assessors' Property Map 14, now or formerly
of the Estate of Margaret West; and appropriate money therefor and determine whether
the money shall be provided by the tax levy, by transfer from available funds, or
by borrowing, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 45. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 132 on Assessors' Property Map 24, now or formerly
of Joseph F. Chabot; and appropriate money therefor and determine whether the money
shall be provided by the tax levy, by transfer from available funds, or by borrowing,
or by any combination of these methods; or act in any other manner in relation
thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 46. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section BC of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 75 on Assessors' Property Map 24, now or formerly
of Rocco Frasca; and appropriate money therefor and determine whether the money
shall be provided by the tax levy, by transfer from available funds, or by borrowing,
or by any combination of these methods; or act in any other manner in relation
thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 47. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section BC of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in
all or any part of land shown as Lot 69 on Assessors' Property Map 24, now or
formerly of Louis, Fred and Charles Ricci; and appropriate money therefor and
determine whether the money shall be provided by the tax levy, by transfer from
available funds, or by borrowing, or by any combination of these methods; or act
in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTIrLP 48. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 11 on Assessors' Property Map 16, now or formerly
of Bonny's Landscape Service, Inc. ; and appropriate money therefor and determine
whether the money shall be provided by the tax levy, by transfer from available
funds, or by borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 4g. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section BC of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 108 on Assessors' Property Map 63, now or formerly
of John D. Chiesa, Jr. ; and appropriate money therefor and determine whether the
money shall be provided by the tax levy, by transfer from available funds, or by
borrowing, or by any any combination of these methods; or act in any other manner
in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 50. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 122 on Assessors' Property Map 64, now or formerly
of Pilgrim Congregational Church; and appropriate money therefor and determine
whether the money shall be provided by the tax levy, by transfer from available
funds, or by borrowing, or by any combination of these methods, or act in any other
manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 51. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section BC of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lots 106, 109, 110 and 113 on Assessors' Property Map 30,
now or formerly of Sanborn C. and Lois W. Brown; and appropriate money therefor and
determine whether the money shall be provided by the tax levy, by transfer from
available funds, or by borrowing, or by any combination of these methods; or act
in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 52. To see if the Town will authorize the Conservation Commission
to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in
all or any part of land shown as Lot 68 on Assessors' Property Map 66, now or formerly
of Vincent N. Bellizia; and appropriate money therefor and determine whether the
money shall be provided by the tax levy, by transfer from available funds, or by
borrowing, or by any combination of these methods, or act in any other manner in
relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 53, To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 67 on Assessors' Property Map 66, now or formerly
of Boston Edison Company; and appropriate money therefor and determine whether
the money shall be provided by the tax levy, by transfer from available funds, or
by borrowing, or by any combination of these methods, or act in any other manner
in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 54. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in
all or any part of land shown as Lot 66 on Assessors' Property Map 59, now or
formerly of Boston Edison Company; and appropriate money therefor and determine
whether the money shall be provided by the tax levy, by transfer from available
funds, or by borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 55. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lots 7 and 8 on Assessors' Property Map 73, now or
formerly of the Estate of Joseph Goodwin; and appropriate money therefor and
determine whether the money shall be provided by the tax levy, by transfer from
available funds, or by borrowing, or by any combination of these methods; or act
in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 56. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 30 on Assessors' Property Map 56, now or formerly
of Moore Homes, Inc. , and Lots 142B and 143 on Assessors' Property Map 64, now or
formerly of E A T Realty Trust; and appropriate money therefor and determine whether
the money shall be provided by the tax levy, by transfer from available funds, or by
borrowing, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 57. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 176 on Assessors' Property Map 50, now or formerly
of Mary H. Powers; and appropriate money therefor and determine whether the money
shall be provided by the tax levy, by transfer from available funds, or by borrowing,
or by any combination of these methods; or act in any other manner in relation
thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 58. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 167 on Assessors' Property Map 32, now or formerly
of Cambridge Farms Realty Trust; and appropriate money therefor and determine
whether the money shall be provided by the tax levy, by transfer from available
funds, or by borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 5g, To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 111 on Assessors' Property Map 14, now or formerly
of Wilson; and appropriate money therefor and determine whether the money shall be
provided by the tax levy, by transfer from available funds, or by borrowing, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 60. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other interest in all
or any part of land shown as Lot 182 on Assessors' Property Map 56, now or formerly
of Robert G. and Catherine D. Sands; and appropriate money therefor and determine
whether the money shall be provided by the tax levy, by transfer from available
funds, or by borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 61. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent
domain, upon the written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement or conservation restriction as
defined in Section 31 of Chapter 184-of the General Laws, or other interest in all
or any part of land shown as a section of Grassland Street on a plan entitled
"Farmhurst Section 4, Lexington Mass. , belonging to Neil McIntosh, Trust" dated
January, 1923, C. H. Gannett C. E. , recorded with Middlesex South District Registry
of Deeds in Plan Book 361, Page 20, bounded and described as follows:
SOUTHWESTERLY by Lot number 90 on said plan, now or formerly of
Francis J. and Ruth B. Rosa, 432.27 feet, NORTHWESTERLY by V
Valleyfield Street, 85 feet, NORTHEASTERLY by Lot number 91
on said plan, now or formerly of Peter Sowkow, 408.39 feet,
and SOUTHWESTERLY by Lot number 27, as shown on a plan entitled
Plan of Farmhurst, in Lexington Mass. , Section 1, dated
_ January 1918, now or formerly of the Town of Lexington, 41 feet,
and Lot number 28 on said Farmhurst Section 1 plan, now or
formerly of Joseph F. and Mary Chabot, 9 feet,
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all distances more or less and comprising 21,000 square feet, more or less, ownership
unknown; and appropriate money therefor and determine whether the money shall be
provided by the tax levy, by transfer from available funds, or by borrowing, or by
any combination of these methods, or act in any manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTIrtR 62. To see if the Town will appropriate an additional sum of money
to the Conservation Fund, established by vote under Article 9 of the Warrant for
the Special Town Meeting held on June 8, 1964, and determine whether the money
shall be provided by the tax levy, by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 63. To see if the Town will appropriate a sum of money to be expended
under the supervision of the Board of Selectmen, for professional consultants, the
rental of equipment, or otherwise, to make field measurements of ambient noise
conditions at selected sites within the Town of Lexington; or act in any other
manner in relation thereto.
(Inserted at the request of ten or more registered voters)
ARTICLE 64. To see if the Town will authorize the Selectmen to abandon and
release any claim of the Town in an old road or right of way, if any, that may exist
abutting land now or formerly of Oneida Corporation on the Lexington-Winchester Town
Line, the fee under said old road or right of way to remain in the Town of Lexington;
or act in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 65. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Crescent Road from Watertown Street a distance of 1103
feet, more or less, westerly to Green Lane, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated January 12, 1976, and to
take by eminent domain, purchase or otherwise acquire any fee, easement or other
interest in land necessary therefor; and raise and appropriate money for the construc-
tion of said street and for land acquisition; determine whether the money shall be
provided by the tax levy, by transfer from available funds, or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 66. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Briggs Road from Crescent Road a distance of 380 feet, more
or less, easterly to its end, as laid out by the Selectmen and shown upon a plan on
file in the office of the Town Clerk, dated January 12, 1976, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefor; and raise and appropriate money for the construction of said street
and for land acquisition; determine whether the money shall be provided by the tax levy,
by transfer from available funds, or by any combination of these methods; or act in any
other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 67. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Great Rock Road from Crescent Road a distance of 352 feet,
more or less, southwesterly to its end, as laid out by the Selectmen and shown upon a
plan on file in the office of the Town Clerk, dated January 12, 1976, and to take by
eminent domain, purchase or otherwise acquire any fee, easement or other interest in
land necessary therefor; and raise and appropriate money for the construction of said
street and for land acquisition; determine whether the money shall be provided by the
tax levy, by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 68. To see if the Town will vote to establish as town ways and
accept the layout of as town ways the following streets:
Hartwell Place from Hartwell Avenue a distance
of 660 feet, more or less, westerly to end
Brookwood Road from Saddle Club Road a distance
of 726 feet, more or less, southeasterly to end
Fairfield Drive from Brookwood Road a distance
of 660 feet, more or less, northeasterly to end
all as laid out by the Selectmen and shown upon plans on file in the office of the
Town Clerk, dated January 12, 1976, and to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land necessary therefor;
and raise and appropriate money for the construction of said streets and for land
acquisition; determine whether the money shall be provided by the tax levy, by
transfer from available funds, or by any combination of these methods; or act in
any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 69. To see if the Town will vote to alter the street layout of Clarke
Street and Forest Street, as altered by the Selectmen and shown upon a plan on
file in the office of the Town Clerk, dated January 12, 1976, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefor; and raise and appropriate money for the alteration of said
streets and for land acquisition; determine whether the money shall be provided in
the tax levy, by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 70. To see if the Town will raise and appropriate a sum of money for
filing fees in connection with the acceptance of streets ; determine whether the
money shall be provided by the tax levy, by transfer from available funds, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 71. To see if the Town will vote to amend Article XXVI of the General
By-Laws of the Town of Lexington by adding thereto a new Section 9 as follows:
"Section 9. No person shall drink any alcoholic beverage as
defined in Chapter 138, Section 1 of the Massachusetts General
Laws (a) while in or upon any street to which the public has a
right of access, whether in or upon a vehicle, motor vehicle
or on foot or (b) while in or upon any public place or public
building or (c) while in or upon private parking lots and
private ways to which the public has access unless prior
consent has been obtained from the owner or authorized person
in control thereof. All alcoholic beverages in possession of
a person or persons in violation of this by-law shall be
seized and safely held until final adjudication of the charge
against the person or persons arrested or summoned before the
court, at which time they shall be returned to the person or
persons entitled to lawful possession."
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 72. To see if the Town will vote to amend Section 2 of Article XXVIII
of the General By-Laws of the Town of Lexington by:
A. Changing the fine from ten dollars to twenty-five dollars,
and
B. Providing that the license fees for dogs shall be increased
by one dollar over the amount required by Section 139 of
Chapter 140 of the General Laws.
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen
ARTICLE 73. To see if the Town will vote to amend Section 1 of Article XXII
of the General By-Laws of the Town of Lexington by striking out $2000." each time
it appears and substituting therefor "$4000."; or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 74. To see if the Town will vote to amend Section 2 and the first
paragraph of Section 3 of Article XIII of the General By-Laws of the Town of
Lexington to provide for terms of members of the Appropriation Committee to expire
on June 30 and for appointments to be made within thirty days after the expiration
of a term or earlier vacancy, and to make appropriate changes with respect to the
organization of the Committee; or act in any other manner in relation thereto.
(Inserted at the request of Appropriation Committee)
ARTICLE 75. To see if the Town will vote to amend Section 6 of Article III
of the General By-Laws of the Town of Lexington by striking out the words "and
in a public place in each of the precincts of the Town; and, if the period of
adjournment will permit, shall be mailed to each town meeting member at least
twenty-four hours before the time of the adjourned meeting and shall be published
in some newspaper published in the town"; or act in any other manner in relation
thereto.
(Inserted by Board of Selectmen)
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ARTICLE 76. To see if the Town will vote to amend the General By-Laws by
designating the present Articles XVIII through XXX inclusive to be Articles XIX
through XXXI respectively and by adding thereto a new article to be designated
Article XVIII, to read substantially as follows:
ARTICLE XVIII: Police Department Manual Committee.
Section 1. The Town shall have a Police Department Manual
Committee to consist of the Chief of Police and six residents
of the Town appointed annually by the Board of Selectmen. At
least two members of the committee shall be attorneys.
Section 2. The committee's charge shall be to review annually
the Police Department Manual, to receive the comments and
suggestions of the residents of the Town with respect thereto
and to advise and make recommendations from time to time as
to such revisions, amendments and additions as they deem
appropriate. The committee may from time to time hold public
meetings and invite any town officer or employee or resident
of the town to attend and give such information as will assist
the committee in its work; and shall submit annually a written
report to the town.
Section 3. The Police Department Manual, which is the subject
of the committee's charge, shall consist of the written Rules
and Regulations of the Police Department, as approved by the
Town Manager and the Board of Selectmen, including statements
of public policy as to the circumstances when and the manner
in which members of the department are to exercise their
powers and responsibilities to stop, restrain, disperse,
search, interrogate, charge, handcuff, arrest and detain, or
otherwise deal with the public; shall incorporate within ten
(10) days of their issue, until superseded, bulletins,
directives and other written communications of the Chief of
Police regarding policies and procedures of the Department
or the conduct of members of the Department in dealing with
the public; and shall be available to the public for inspec-
tion, on request, at Police Headquarters, at the office of
the Town Clerk and at Cary Memorial Library.
Section 4. The annual report of the committee shall be
published as a part of the next annual town report.
(Inserted at the request of ten or more registered voters)
ARTICLE 77, To see if the Town will petition the General Court for an act
amending Chapter 753 of the Acts of 1968, the Selectmen-Town Manager Act, to provide
for the appointment of a recreation committee by the Town Manager, subject to the
approval of the Board of Selectmen; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 78. To see if the Town will vote to instruct the Selectmen to petition
the General Court for legislation to amend the provisions of Chapter 215 of the Acts
of 1929, as amended by Chapter 442 of the Acts of 1956 and Chapter 18 of the Acts
of 1959 which relate to the filling of vacancies in the total number of Town Meeting
Members from any precinct in the event there is no defeated candidate available, by
striking out Section 7 and inserting in place thereof a new Section 7 in substantially
the following form:
Section 7: Any vacancy in the full number of Town Meeting Members from
any precinct, whether arising from a failure of the registered
voters thereof to elect, or from any other cause, shall be
filled until the next annual election by the selection by the
Town Clerk of the person who received the highest number of
votes as a defeated candidate for the office of Town Meeting
Member in the preceding election or the previous year's
election, in order, in the precinct where the vacancy occurs,
and the Town Clerk shall promptly notify such person of his
election as Town Meeting Member. If for any reason such
person cannot or does not accept such office, the next highest
in recorded vote of the defeated candidates in that precinct
shall be similarly selected. In the event of a tie vote of
those who received the highest votes as such defeated candi-
dates, the Town Clerk shall call a special meeting of the
Town Meeting Members from the precinct where the vacancy
occurs, for the purpose of so filling the vacancy from among
those having the tie votes and shall cause to be mailed to
every such Town Meeting Member, not less than seven days
before the time set for the meeting, a notice specifying the
object, time and place of the meeting. In the event no
defeated candidate is available candidates shall be nominated
by nomination papers signed by not less than ten voters of
the precinct in which the candidate resides, and filed with the
Town Clerk at least eight days prior to a special meeting of
the Town Meeting Members from the precinct where the vacancy
occurs called by the Town Clerk for the purpose of so filling
the vacancy. The Town Clerk shall cause to be mailed to every
such Town Meeting Member, not less than seven days before the
time set for the meeting, a notice specifying the object,
time and place of the meeting. At the said meeting a majority
of the members from such precinct shall constitute a quorum,
and they shall elect from their own number a chairman and a
clerk. The choice to fill any vacancy shall be by written
ballot and a majority of the votes cast shall be required for
a choice. The chairman and clerk shall count the ballots and
shall make a certificate of the choice and forthwith file the
same with the Town Clerk, together with a written acceptance
by the member or members so chosen who shall thereupon be
deemed elected and qualified a Town Meeting Member or Members,
subject to the right of all the Town Meeting Members to judge
of the election and qualifications of the members as set forth
in Section 3.
or to take any other action relative thereto.
(Inserted at the request of ten or more registered voters)
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ARTICLE 79. To see if the Town will vote to dissolve the Standing School
Building Committee created under Article 37 of the warrant for the 1957 Annual
Town Meeting; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 80. To instruct the Board of Selectmen to establish a Standing
Information and Policy Options Committee to provide the Town Meeting and Town
Boards and Agencies (and similar organizations in other communities and levels of
government) with the following types of information about current issues and
future options:
A. Information about key issues in the town, state, the nation, and
the world which will have a significant effect on the lives of
the citizens of the town in the future.
B. Information about the options for courses of action by the citizens
of the Town on these key issues.
C. Information about appropriate processes through which the citizens
of the Town could participate together in the decision making of
these key issues.
D. Information about the consequences of the decisions which could be
made by the Town Meeting and the Town Boards and Agencies which
would have a significant effect on the citizens of the town.
(Inserted at the request of ten or more registered voters)
ARTICLE 81. The Lexington Town Meeting, noting the decline in political
morality evidenced so dramatically by the Watergate affair on a national level, and
taking notice of the increasing temptation of those in positions where resources are
controlled and allocated to act in terms of their own self-interest, hereby respect-
fully requests, in order to avoid even the appearance of acting in any manner in-
consistent with the best interests of the town, that Town Meeting Members abstain
from voting in any particular matter in which to his knowledge, he, his immediate
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family or partner, a business organization in which he is serving as officer,
director, trustee, partner or employee, or any person or organization with whom he
is negotiating or has any arrangement concerning prospective employment, is in any
way involved in the particular matter under consideration,
(Inserted at the request of ten or more registered voters)
ARTICLE 82. To see if the Town will vote to accept Section 7A of Chapter 32B
of the General Laws relating to contributions in excess of fifty per cent of a
premium for certain group life and health insurance policies for employees in the
service of the town and their dependents; or act in any other manner in relation
thereto.
(Inserted by Board of Selectmen)
ARTICLE 83. To see if the Town will vote to accept Section 6H of Chapter 40
of the General Laws which would authorize the Town to make repairs on private ways
which have been open to public use for six years or more; or act in any other
manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 84. To see if the Town will ratify and confirm the acceptance by
the Town of a grant of sewer easement from Nishan and Elizabeth Haroian as shown
on a plan entitled "Plan Showing 20 ft. Sewer Easement Through Land Owned by
Nishan Haroian and Elizabeth Haroian, Concord Avenue, Lexington, Massachusetts,"
dated October 29, 1974, by Camp, Dresser & McKee Inc. , said easement having pre-
viously been granted to Temple Emunah; or act in any other manner in relation
thereto.
(Inserted by Board of Selectmen)
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ARTICLE 85. To see if the Town will vote to authorize the Board of Selectmen
to accept on behalf of the Town for conservation purposes a deed from Oneida
Corporation, conveying to the Town Lot 4 (10.346 acres +) as shown on a plan en-
titled "Drummer Boy Green, Lexington, Mass. " , dated October 25, 1974, revised
December 6, 1974, by Boston Survey Consultants, Inc. , recorded in Middlesex South
Registry of Deeds, and a 50-foot easement along that portion of the Drummer Boy
subdivision that does not abut conservation land, or act in any other manner in
relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 86. To see if the Town will vote to authorize the Board of Selectmen
to accept on behalf of the Town a deed from Village Development Corp. conveying to
the Town Parcel "A" (152 ,045 square feet) , and Parcel "B" (4,041 square feet) as
shown on a plan entitled "Lowell Estates Section 2, Lexington, Mass." , dated
June 27, 1974, by Miller and Nylander, Civil Engineers and Surveyors, recorded in
Middlesex South Registry of Deeds; or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 87. To see if the Town will vote to authorize the Selectmen to reconvey
such part of the sewer easement shown on a plan entitled "Plan of Drain Easement off
Green Lane, Lexington, Mass. , dated May 9, 1967, John J. Carroll, Town Engineer" ,
which is no longer needed, to Anthony and Gabrielle Mazza; or act in any other
manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 88. To see if the Town will authorize the Selectmen to convey a strip
of Town owned land acquired on the southerly side of Wood Street at the time of
relocation of said Wood Street and shown on Assessors' Property Map 59, to the owners
of lots abutting thereon; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 89. To see if the Town will vote to amend the Zoning By-Law by adding
the following sentence at the end of subsection 13.1 thereof:
"At the time of application to the Board of Appeals, there shall
be filed a plot plan for planting and landscaping showing species,
size and location of trees and shrubs."
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 90. To see if the Town will vote to amend the Zoning By-Law as follows:
A. By adding a new Section 27.1 as follows:
Section 27.1 Brook and Pond Setbacks
27.1 No structure, other than a bridge or pump house, shall
be built within 20 feet of the bank of any pond having an
an area over 2000 square feet nor within 20 feet of the bank
of any of the following brooks:
27.1.1 Kiln Brook, starting from three sources, a pond in
Minute Man National Park, ponds in the Pine Meadows Golf
Course, and Town-owned land near Hill Street; and including
both branches from where they divide N.W. of Route 128 to
where they recombine N.W. of Hartwell Avenue, and continuing
to the Bedford Town Line.
27.1.2 Simonds Brook from its origin on Town owned land N.E.
of Grove Street to Kiln Brook including that portion sometimes
known as Farley Brook.
27.1.3 A brook sometimes known as Turning Mill Brook from
its origin N.E. of Emerson Road near Route 128 to Simonds
Brook.
27.1.4 North Lexington Brook from where it emerges from a
culvert near Brigham Road to Kiln Brook.
27.1.5 Clematis Brook (otherwise known as Beaver Brook) from
its origin in irrigation channels west of Waltham Street to
the Belmont Town Line near Concord Avenue; including those
tributaries originating near Marrett Road and Bacon Street,
near Marrett Road and Tricorne Road, near Blossom Street and
Route 2, and near Philip Road; and including both parallel
branches between Clarke Jr. H.S. and Bowman School.
27.1.6 An unnamed brook from the vicinity of Valleyfield
Street to the Waltham City line (from whence it flows to
Hardy's Pond) .
27.1.7 An unnamed brook from its source near Hayden Avenue
to the Waltham City line (from whence it flows towards
Cambridge Reservoir) .
27.1.8 The North Branch of the Upper Vine Brook from the
Lexington Reservoir until it goes underground.
27.1.9 The South Branch of the Upper Vine Brook from its
source between the two unconnected parts of Sherburne Road
until it goes underground near Vinebrook Road.
27.1.10 Lower Vine Brook from where it surfaces near Hayes
Lane to the Burlington Town Line; including its tributaries
originating in Willards Woods and near Diamond Jr. H.S.
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27.1.11 Munroe Brook from a pond near Woburn Street to the
Arlington Reservoir; including a tributary originating in
the pond on Whipple Hill, a tributary flowing in from
Arlington near Patricia Ter. and a looping tributary north
of Maple Street.
27.1.12 Fessenden Brook from the start of its two branches
in Munroe Meadows to Munroe Brook.
27.1.13 Sickle Brook from its two sources near Peacock Farm
and Watertown Street to the Arlington Town Line.
27.1.14 An unnamed brook from Cary Avenue until it goes
underground near Birch Hill Lane; including its east branch
originating near Middle Street.
27.1.15 An unnamed brook entering Lexington from Waltham
west of Route 128 to the Cambridge Reservoir.
27.1.16 An unnamed brook from the pond near Shade Street to
the Cambridge Reservoir.
27.1.17 An unnamed brook from Concord Avenue near Blossom
Street to Waltham Street.
27.1.18 Two branches of Shaker Glen Brook from their sources
near Rolfe Road and Peachtree Road to the Woburn City Line.
B. By adding the brooks referenced in subsections 27.1.1. to
27.1.18 to the zoning map.
C. By adding the following definition to Section 40 immediately
after the definition entitled "Accessory Use or Building" :
"Bank: Land adjoining a pond or stream which serves to confine
said water.";
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 91. To see if the Town will vote to amend the Zoning By-Law by adding
to Section 22.5 wetland protection districts the areas shown on two sheets entitled
"Wetland Protection District, Town of Lexington, Mass. , 1975", numbered 18-56 and
24-56, as filed with the Town Clerk; or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 92. To see if the Town will vote to amend the Zoning By-Law by adding
thereto a new Section 37A as follows:
"Section 37A. Interim Wetland Protection Districts
37A.10 Whereas, the Town of Lexington is in the process of
updating its comprehensive plan for wetland protection and
regulation, and desires to protect certain parts of the
Town from ill-advised or inappropriate development of wet-
land areas until the final adoption of such a revised com-
prehensive plan, a moratorium on the issuance of building
permits for construction in such areas, except in conformity
with the provisions of Section 37 of the Zoning By-Law, is
hereby adopted as described below.
37A.11 In the interim wetlands districts set out in sub-
section 37A.12 there shall be no land fill or dumping or
excavation of any kind; no drainage work other than by an
authorized public agency; no damming or relocation of any
watercourse, except as part of an over-all drainage basin
plan; no building or the erection of any structure, or
permanent storage of materials or equipment, except as pro-
vided in Section 37 of- the Zoning By-Law, for a period of
two years from the date of approval of this Section by the
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office of the Attorney General of the Commonwealth of
Massachusetts, or until the final adjournment of the Annual
Town Meeting of the Town of Lexington for the calendar year
1978, whichever date is later.
37A.12 The lands referred to below are hereby made subject
to Section 37A.11: The land designated by red boundaries
on the following sheets of maps identified as "Interim
Wetland Protection Districts, Town of Lexington, Massachu-
setts, 1973", compiled by James W. Sewall Co. , Old Town,
Maine, and incorporated by reference herein: Sheets 7, 8,
11, 12, 15, 16, 17, 21, 22, 23, 25, 28, 35, 36, 38, 39,
40, 46, 47, 48, 50, 51, 54, as filed with the Town Clerk." ;
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 93. To see if the Town will vote to amend Section 37 of the Zoning
By-Law by striking out subsections 37.1, 37.4, and 37.5 and substituting therefor
the following: (Parenthesis show text to be stricken. Underscoring shows text
to be added. )
37.1 Purposes of District. The purposes of the Wetland Pro-
tection District are to preserve and maintain the ground water
table; to protect the public health, welfare and safety by.
protecting persons and property against the hazards of flood
water inundation and damage from the hazards incidental to
development in wetlands; (and) to protect the community
against the costs which may be incurred when unsuitable develop-
ment occurs in swamps, marshes, along water courses, or in areas
subject to floods (. ) ; and to preserve and protect swamps,
marshes and other wetlands by preventing environmentally
damaging development.
37.4 Special Permits for Structures Accessory to Permitted
Uses. The Board of Appeals (may) shall issue a special
permit for buildings and structures accessory to any of the
uses permitted in Section 37.3, or for filling and excavation
of the land for such uses, if the Board finds that such
building, structure or filling or excavation is in harmony
• with the general purpose and intent of Section 37 (.) , and
such building or structure or the necessary construction work
for such building or structure will not create a significant
risk of appreciably disturbing the water table, or of causing
surface flooding. A copy of every application for such a
special permit shall be given by the applicant at the time
of submission of the application to the Board of Selectmen,
to the Board of Health, to the Town Engineer, to the Planning
Board, and to the Conservation Commission (as well as all
other parties required) .
- 35 -
37.5. Special Permits for uses in Harmony With General
Purposes of the District. The Board of Appeals may issue
a special permit for any use of land which would otherwise
be permitted if such land were not, by operation of this
action, in the Wetland Protection District if the Board
finds (1) that such land within the District is in fact
not subject to flooding or is not unsuitable because-..of
drainage conditions for such use, and (2) (that the use
of such land for any such use will not interfere with the)
that the use of such land in the manner proposed will be
consistent with the general purposes for which Wetland
Protection Districts have been established, and (3)
(that such use will not be) that such use will not create
a significant risk of appreciably disturbing the water table-,
or of causin1 surface flooding, and will not otherwise be
detrimental to the public health, convenience, safety, or
welfare. At the time of submission a copy of every appli-
cation for a special permit under this section shall be
given by the applicant (at the time of submission of the
application) to the Planning Board, the Board of Health, the
Conservation Commission, the Town Engineer, and the Board
of Selectmen. The Board of Appeals shall not hold a public
hearing on the application earlier than thirty days after
submission of the application. The above-named Boards,
Commissions or officials shall submit reports or recommen-
dations on the application to the Board of Appeals at or
before the public hearing on the application, but failure
to make such reports or recommendations shall not prevent
action by the Board of Appeals.
37.5.1 If any of the Boards, Commissions, or officials
to whom a copy of the application must be given in accor-
dance with Section 37.5 recommends that the application be
denied or recommends that the application be granted only
on certain conditions, the Board of Appeals shall not grant
the application unless there is presented at the hearing clear
and convincing evidence that the proposal meets the pre-
requisites for the granting of such a special permit set forth
in S37.5 (1) , (2) , and (3) or that the imposition of the
recommended conditions is unreasonable and subjects the appli-
cant to undue hardship.
37.5.2 If any of the town Boards, Commissions, or officials
to whom a copy of the application must be given in accordance
with Section 37.5 gives the Board of Appeals any recommendation
other than an unqualified approval of the application, it shall
deliver to the applicant or his attorney, by mail, or in hand,
a copy of its recommendations or report not less than two days
prior to the scheduled public hearing. The Board of Appeals
shall, on request of the applicant, grant him a continuance for
such reasonable time as may be necessary to prepare his case.
If the Board of Appeals overrules a recommendation of such town
Boards, Commissions, or officials , and issues the special permit,
it shall state in writing its reasons, in full.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
- 36 -
ARTICLE 94. To see- if the Town will vote to amend the Zoning By-Law by
adding a new subsection 26.7 as -follows:
26.7 No lot to be used for the construction of a dwelling
house shall contain less than 4000 square feet of contiguous
land exclusive of marsh, bog, swamp or pond and said area
shall be not less than five feet above the water table and
the basement floor, or slab of a dwelling house or accessory
structure thereto shall be not less than 4 feet above the
water table; provided, however, this section shall not apply
to any dwelling house or accessory thereto in existence or
for which a building permit has been issued on or before
the effective date of this section nor shall this section be
construed to prevent or restrict any addition, alteration,
repair or reconstruction of such dwelling house or accessory
structure or the construction of any structure accessory
thereto.
or act in any other manner in relation thereto.
(Inserted at request of Planning Board)
ARTICLE 95, To see if the Town will vote to amend the Zoning By-Law. as
follows:
A. By inserting at the beginning of Section 26 the words
"Except as provided in Section 26.7,"
B. By adding a new subsection 26.7 as follows:
"The Board of Appeals acting in accordance with the provisions
of Section 13 of this By-Law may after a site plan review grant
a special permit for the provision of more than one dwelling on
a lot situated in an RO, PS or RT district, provided that the
minimum lot area shall be equal to the minimum lot areas given
in Section 27 multiplied by the total number of dwellings to
be situated thereon."
or act in any other manner in relation thereto.
(Inserted at request of Planning Board)
ARTICLE 96. To see if the Town will vote to amend the Zoning By-Law as
follows:
By adding a subsection number 22.51 before the paragraph
under the heading "22.5 wetland protection districts"; by
adding a subsection number 22.6 before the words "RD -
multi-family dwelling districts"; and by changing the
presently designated subsection 22.51 to read "22.61 A
district on the northeasterly side of Bedford Street and
southerly side of Winter Street as shown on the Zoning
District Map No. RD-1 entitled RD Multi-Dwelling District
designated thereon 22.6."
or act in any other manner in relation thereto.
(Inserted at request of Planning Board)
- 37 -
ARTICLE 97. To see if the Town will vote to amend the Zoning By-Law
as follows:
By deleting the number designation of subsection 24.8
pertaining to "Swimming Pool Regulations" , and replacing
this subsection number with a new subsection number
"24.7";
or act in any other manner in relation thereto.
(Inserted at request of Planning Board)
ARTICLE 98. To see if the Town will vote to amend the Zoning By-Law
as follows:
By consistently striking in Sections 11, 11.2, 11.3, 11.4,
12.1, 30.2 and the Index the term "Building Inspector"
and replacing it with the term "Building Commissioner";
or act in any other manner in relation thereto.
(Inserted at request of Planning Board)
ARTICLE99.To see if the Town will vote to amend the Zoning By-Law by changing
the land bounded and described below from RO-one family dwelling district to CG-
general business district, and revise the Zoning Map to show said land as CG-
general business district; a district of Bedford Street and southeasterly of Winter
Street bounded and described as follows:
Beginning at the stone bound in the northeasterly line of said
Bedford Street at the southeasterly corner of said land now
or formerly of Rossi et ux thence running along Bedford Street
about 310.86 feet; thence on a curved line with a radius of
50 feet at the junction of said Bedford Street and Winter
Street 60.89 feet; thence northerly 35 degrees 55 minutes
56 seconds east by said Winter Street 245.86 feet to a stone
bound in the easterly line thereof; thence southerly 33 degrees
57 minutes 50 seconds east 441.80 feet by said land of G. 0.
Anderson and Sons, Inc. , to a stone bound; thence southerly
56 degrees 9 minutes 26 seconds west about 257 feet to stone
bound at place of beginning. Excepting from the above parcel
however a triangular strip containing 1404 square feet which
was taken by the Commonwealth of Massachusetts to relocate
Bedford Street, said taking being dated June 3, 1958, recorded
with said Deeds, Book 9164, page 582.
The above land located at the intersection of Bedford Street
and Winter Street, Lexington, Massachusetts, numbered 509
Bedford Street being shown on a plan dated January 21, 1939
recorded in Middlesex South District Registry of Deeds Book 6296
page 1. For Grantor's Title herein see Deed of David A. Foley
Administrator, dated December 28, 1967 recorded in Middlesex
South District Deeds in Book 11448 at page 698. Said Land is
also shown as Lot 73 on Assessors' Property Map No. 88 of the
Town of Lexington and contains a land area of 101,905 square
feet more or less.
(Inserted at the request of ten or more registered voters)
- 3"8 -
ARTICLE 100. To see if the Town will approve a resolution in substantially
the following language and instruct the Selectmen, to the extent that it is within
their power and authority, to cause the incorporation of the substance and intent
of the resolution in the Rules and Regulations of the Police Department of the Town:
BE IT RESOLVED that it ought to be the policy of the Police
Department that no person subject to arrest for failure to
pay a fine shall be arrested and detained in the facilities
of the department at any time between the hours of 5 p.m.
and 8 a.m. unless such person has first been notified of
the department's intention to arrest and detain and has been
given and has refused an opportunity to appear voluntarily
in the appropriate court during normal court hours.
(Inserted at the request of ten or more registered voters)
ARTICLE 101. To see if the Town will approve a resolution in substantially
the following language and instruct the Selectmen, to the extent that it is within
their power and authority, to cause the incorporation of the substance and intent
of the resolution in the Rules and Regulations of the Police Department of the Town:
BE IT RESOLVED that it ought to be the policy of the Police
Department that fresh pursuit at speeds in excess of 15 m.p.h.
greater than the applicable speed limit is not permitted except
in extraordinay circumstances where the risks to an officer's
own safety and the safety of others are outweighed by the
danger to the community if the suspect is not apprehended.
(Inserted at the request of ten or more registered voters)
ARTICLE 102. To see if the Town will approve a resolution in substantivally
the following language and instruct the Selectmen, to the extent that it is within
their power and authority, to cause the incorporation of the substance and intent
of the resolution in the Rules and Regulations of the Police Department of the Town:
BE IT RESOLVED that it ought to be the policy of the Police
Department that no person arrested or charged with a mis-
demeanor or motor vehicle violation should be handcuffed
unless such person has been requested to peacefully accompany
the arresting officer to police headquarters and has refused
to do so.
(Inserted at the request of ten or more registered voters)
- 39 -
ARTICLE 103. To see if the Town will approve a resolution in substantially
the following language and instruct the Selectmen, to the extent that it is within
their power and authority, to cause the incorporation of the substance and intent
of the resolution in the Rules and Regulations of the Police Department of the Town:
BE IT RESOLVED that it ought to be the policy of the Police
Department that police dogs are not to be used or called in
for use in conjunction with operations of the department.
(Inserted at the request of ten or more registered voters)
ARTICLE 104. To see if the Town will approve a resolution in substantially
the following language and instruct the Selectmen, to the extent that it is within
their power and authority, to cause the incorporation of the substance and intent
of the resolution in the Rules and Regulations of the Police Department of the Town:
BE IT RESOLVED that it ought to be the policy of the Police
Department that police/community disputes be assigned for
handling to a Police Department Community Relations Unit
established within the department whose principal respon-
sibility shall be the handling of such disputes.
(Inserted at the request of ten or more registered voters)
ARTICLE 105. To see if the Town will vote to appropriate a sum of money from
available funds toward the reduction of the tax rate for the fiscal year; or act
in any other manner in relation thereto.
(Inserted by Board of Selectmen)
- 40 -
And you are directed to serve this warrant seven days at least before the
time of said meeting as provided in the By-Laws of the Town.
Hereof fail not, and make due return on this warrant, with your doings
thereon, to the Town Clerk, on or before the time of said meeting.
Given under our hands at Lexington this second day of February, A.D. , 1976.
oe L /211k
✓I r r... •-"-tr-,Q'fl Selectmen
/,JG---e_•4-/-, tea of
///://:74v4v.�4 "7:-.) .2%., Lexington
lir- of .; r✓9 s
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Li U
A true copy, Attest:
rP
Constable of/Lexington (/
f
RECEI ED
1976 FEB $ 8 PH 12: 26
rXXW6 JU5
MASS.
CONSTABLE'S RETURN
ANNUAL TOWN MEETING WARRANT - 1976
February 18, 1976
To the Town Clerk:
I have served the foregoing warrant.: by posting a printed copy thereof
in the Town Office Building, Cary Memorial Building, and in a public
place in each of the precincts of the Town and also by sending by mail,
postage prepaid, a printed copy of such warrant, addressed to each
dwelling house and to each dwelling unit in multiple dwelling houses,
apartment buildings, or other buildings in the Town 12 days before
the time of said meeting.
1 I
Attest:
,;(2-C-711-77,7—‘- /tel �"�- ice'''
Constable texington