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HomeMy WebLinkAbout1956-11-19-STM-Warrant TOWN WARRANT Commonwealth of Massachusetts Middlesex, ss, 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 Cary Memorial Hall, in said Town, on Monday, the nineteenth day of November, 1956, at 8x00 P. M. then and there to act on the following articles:: Article 1. To receive the reports of any board of Town officers or of any committee of the Towne Article 2. To see if the Town will vote to accept from the Trustees of Lexington Children's Museum a gift of the Museum's col- lections of birds, minerals and shells that are now in the Lexington Schools and to place the same under the care and management of the School Committee; or act in any other manner in relation thereto. Article 3. To see if the Town will vote to accept the bequest to the Town of Twenty-Five Thousand Dollars ( 25,000.) , that is con- tained in the will of Maud T. Sherburne, late of Lexington, Middlesex County Probate Court No. 336627 , to be held in trust as a permanent fund to be known as the "F. Foster Sherburne and Tenney Sherburne Fund" with the net income to be used for annual awards to educate and assist in the education of deserving young men and women in Lexington, all as provided in said will; or act in any other manner in relation thereto. Article L4.. To see if the Town will vote to authorize the School Committee, in connection with making the heretofore authorized survey of the Junior High School program of study, facilities, and building needs, to retain architectural services and obtain preliminary plans and cost estimates for possible remodeling of the present Junior High School building; appropriate money therefor and provide for payment by transfer from available funds, including any unexpended balances in current appropriations; or act in any other manner in relation ' thereto. Article 5., To se.e if the Town will vote to accept Chapter 147 of the Acts of the General Court of 1956 entitled "An Act Establish- ing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington". Article 6. To see if the Town will vote to reduce the membership of the Planning Board, that was established under Article 52 of the Warrant for the 1948 Annual Town Meeting, from six members to five members; or act in any other manner in relation thereto. Article 7. To see if the Town will vote to amend Section 3 of Article XXVI of the General By-Laws by striking out the same and in- serting in place thereof a new Section 3 to read substantially as follows; or act in any other manner in relation thereto:: Section 3. Any vehicle on any way in the Town interfering with the work of removing or plowing snow or removing ice from the way, may be removed by or under the direction of the Super- intendent of Public Works to a public garage or any convenient place. The Superintendent of Public Works shall, within a reasonable time, notify the Chief of Police of the removal of any such vehicle and of the place to which it has been removed. and the Chief of Police shall give like notice to the registered owner of the vehicle. The owner before being permitted to remove the vehicle shall establish his right so to do and pay to the Town or to the keeper of the place of storage, the cost of re- moval, not exceeding $15.00, and any storage charges resulting therefrom, not exceeding $1.00 per day. Article 8. To see if the Town will vote to amend the General By-Laws by adding thereto a new article to read substantially as follows; or act in any other manner in relation thereto:. Article XXIX. Playground and Recreation Centers. Section 1. There is hereby established a Recreation Com- mittee. It shall consist of five registered voters of the Town. Members of the Committee shall be appointed as fol- lows:: - one by the Board of Selectmen, one by the School Committee, one by the Planning Board, and two by the Moderator. The first appointments shall be for the fol- lowing terms : - The member appointed by the Selectmen shall serve for three years, the members appointed by the School Committee and by the Planning Board shall serve for two years, one of the members appointed by the Moderator shall serve for one year and the other member appointed by the Moderator shall serve for three years. Upon the expiration of the term of a member, his successor shall be appointed by the same appointing authority for a term of three years. Terms shall expire on April thirtieth, except that members shall continue in office until their successors have been duly appointed and qualified. Vacancies shall be filled by the same appointing authority for the balance of the unexpired terms. Section 2. The Recreation Committee shall administer and have the management of the public playgrounds and recreation centers of the Town, except as herein otherwise provided; shall have charge of conducting and promoting thereon rec- reation, play, sport and physical education and may permit the use thereof by any department of the Town or by any person, society or organization for such other public, recreational, social or educational purposes as the Com- mittee may deem proper; and, with the consent of the public officer or board having control thereof or of the owner, may conduct and promote such activities on other public property or on private property. In carrying out its func- tions, the Committee, within the limit of its appropria- tions, may employ teachers, supervisors and other personnel and may purchase and maintain equipment, program material and supplies. Section 3. The foregoing powers and duties of the Recreation Committee shall apply to playgrounds and gymnasiums on school property under the control of the School Committee only to the extent that the School Committee may authorize. L Section la.. All other powers over playgrounds and rec- reation centers that are conferred upon towns by Section 14 of Chapter 45 of the General Laws, or any statute in amendment thereof or in addition thereto, shall be exer- cised by the Board of Selectmen. These powers shall include, without limitation, the acquisition, construc- tion, maintenance and development of land, buildings and physical facilities. Section 5. The Recreation Committee shall carry on con- tinuous study and planning in reference to the development, improvement, maintenance, and equipment of playgrounds and recreation centers in the Town and shall make recom- mendations thereon from time to time to the Board of Selectmen. Article 9. To see if the Town will appropriate money for the acquisition of equipment for the Police Department for use in speed studies and control and provide for payment thereof by transfer from available funds, including unexpended balances in current appropriations; or act in any other manner in relation thereto. Article 10. To see if the Town will authorize the Selectmen to retain engineering services and make a study of the water distribution system of the Town for the purpose of determining its condition and needs; appropriate money therefor and provide for payment by transfer from available funds, including unexpended balances in current approp- riations; or act in any other manner in relation thereto. Article 11. To see if the Town will authorize the Selectmen to retain engineering services and prepare plans and specifications for the construction of a water standpipe, and to obtain bids and to enter into a contract or contracts for such construction; appropriate money therefor and determine whether the money shall be provided by transfer from avail- able funds, including unexpended balances in current appropriations , or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 12. To see if the Town will authorize the Selectmen to obtain bids and to enter into a contract or contracts for the demolition of the concrete water standpipe, appropriate money therefor and provide for payment by transfer from available funds, including unexpended balances in current appropriations; or act in any other manner in relation thereto. Article 13. To see if the Town will vote a supplementary approp- riation to be used in conjunction with and in addition to the money already appropriated under Article 13 of the Warrant for the 1956 Annual Town Meeting for land acquisition and for installation of water mains not less than six inches but less than sixteen inches in diameter, and determine whether the money shall be provided by transfer from available funds, including unexpended balances in current appropriations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. J Article 14. To see if the Town will vote a supplementary approp- riation to be used in conjunction with and in addition to the money already appropriated under Article 14 of the Warrant for the 1956 Annual Town Meeting for land acquisition and for installation of sewer mains, and determine whether the money shall be provided by transfer from available funds, including unexpended balances in current appropriations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 15. To see if the Town will authorize the Selectmen in the name and on behalf of the Town to convey to the Josiah Willard Hayden Recreation Centre, Inc., a Massachusetts charitable corporation, two parcels of land hereinafter described that are situated on the southerly side of Lincoln Street in Lexington and shown on a plan entitled "Plan of Land in Lexington - Mass.", dated July 23, 1956, Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds as Plan No. 1275 of 1956 in Book 8780, Page 202, such conveyance by the Town to be in consideration of the use by said corporation of such land only for the recreation, entertainment, physical training and instruction of the youth of both sexes of the Town of Lexington in accordance with the corporate purposes of the Josiah Willard Hayden Recreation Centre, Inc. and the provisions of the will of Josiah Willard Hayden, Middlesex Probate Court docket No. 329908, and the agreement by said corporation to build, operate and maintain on such land a building or buildings or other facilities for said purposes; or act in any other manner in relation thereto, The first parcel consists of a substantially triangular piece of land shown on said plan as con- taining 1.2 acres, more or less, and lying between Parcel 1 and Parcel 2 that were conveyed to said grantee pursuant to the vote adopted under Article 74 of the Warrant for the 1956 Annual Town Meeting by deed dated July 30, 1956 and recorded in said Deeds in Book 8780, Page 202. The second parcel consists of a narrow strip of land extending from said Parcel 2 to Lincoln Street. Article 16. To see if the Town will vote a supplementary approp- riation to be used in conjunction with and in addition to the money already appropriated under Article 36 of the Warrant for the 1956 Annual Town Meeting for the construction, original equipping and fur- nishing of an addition to the Cary Memorial Library building and for the making of alterations in the present building, and determine whether the money shall be provided by transfer from available funds, including unexpended balances in current appropriations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 17. To see if the Town will vote to authorize the Selectmen on behalf of the Town to purchase, take by eminent domain, or otherwise acquire, for school and playground purposes, land in Lexington as a site foJaJunior High School building, appropriate money therefor and determine whether the money shall be provided by transfer from available funds, in- cluding unexpended balances in current appropriations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 18. To see if the Town will vote to authorize the Selectmen on behalf of the Town to purchase, take by eminent domain, or otherwise acquire, for school and playground purposes, land in Lexington as a site for an elementary school building, appropriate money therefor and determine whether the money shall be provided by transfer from available funds, including unexpended balances in current appropriations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 19. To see if the Town will vote to establish as a town way and accept the relocation and alteration of as a town way Allen Street from Waltham Street southeasterly 1620 feet more or less to a point on Allen Street which is 120 feet more or less southwesterly of Clematis Road as relocated and altered by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated October 1, 1956, and to take by eminent domain or otherwise acquire any fee, easement or ' other interest in land necessary therefor; appropriate money for the construction of said street and for land acquisition, and determine whether the money shall be provided by transfer from available funds, including unexpended balances in current appropriations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Article 20. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Ivan Street from Eldred Street northwesterly approximately 380 feet as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated May 25, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for the construction of said street and for land acquisition and determine whether the money shall be provided by transfer from available funds or by borrowing; or by any combination of these methods; or act in any other manner in relation thereto. Article 21. To see if the Town will vote to establish as a town way and accept the layout of as a town way a proposed street from Depot Square northwesterly 152 feet more or less to Meriam Street as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated September 28, 1956, and to take by eminent domain or other- wise acquire any fee, easement or other interest in land necessary therefor; appropriate money for the construction of said street and for land acquisition and determine whether the money shall be provided by transfer from available funds or by borrowing or by any combination of these methods; or act in any other manner in relation thereto. Article 22. To see if the Town will vote to grant emergency trans- portation to elementary school children living less than one mile from the school they are attending when in the opinion of the School Committee traffic conditions make such transportation necessary on an emergency basis for the protection of the children; or act in any other manner in relation thereto. Article 23. To see if the Town will vote to amend the Zoning By-Law so as to change certain land from an:. R 1 District to a C 2 District by adding at the end of paragraph 4 in Section 4 (d) C 2 - General business districts, the following : - Said district shall also include adjoining land bounded as follows northwesterly bya part of the land described in the preceding sentence, fifty-one and 6/100 (51.46) feet; northeasterly by railroad property, twenty-four and 25/100 (24.25) feet; southeasterly by railroad property, fifty and 90/100 (50.90) feet; and southwesterly by Depot Square, thirty-two and 05/100 (32.05) feet. J Article 24. To see if the Town will vote to amend the Zoning By-Law so as to provide for an additional type of zoning district to be desig- nated C 3 Special Commercial Districts and to prescribe the permitted buildings and uses in said C 3 Districts: A. By adding under Section 3 Districts Defined the following new paragraph: (h) C 3 - Special commercial districts. B. By striking out the word "or" between the words "M 1" and "A 1" in paragraph (a) of Section 4, Geographical Description of Dis- tricts, and by substituting therefor a comma and by inserting between the words "A 1" and "district" of said paragraph the words : - or C 3 - C. By adding under Section 5 Permitted Buildings and Uses the fol- lowing new paragraph: (h) C 3 Districts, All buildings and uses that are permitted in R 1 and R 2 districts but subject to any conditions and re- strictions set forth therein, and the following: 1. Laboratories engaged in research, experimental and testing activities, including, but not limited to, the fields of biology, chemistry, electronics, engineering, geology, medicine, and physics, but subject to the following con- ditions : any laboratory, the conduct of which may be dis- turbing or detrimental to the health, safety or welfare of persons working in or living near the proposed location of such laboratory, including special danger of fire or ex- plosion, pollution of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors and offensive noise or vibrations, is expressly prohibited; permitted laboratories may manufacture, process or store goods and materials to the extent such manufacturing, pro- cessing or storage is a part of and relates solely to such research, experimental and testing activities, but all other manufacturing, processing or storage of goods and materials is expressly prohibited; and the buildings thereof shall connect with a sanitary sewer. 2. Business offices engaged in administrative and clerical activities and having facilities for employing concurrently a minimum of 100 individuals but subject to the condition that the buildings thereof shall connect with a sanitary sewer. 3. No dwelling shall be erected in a C 3 district except with permission from the Board of Appeals„ Article 25. To see if the Town will vote to amend the Zoning By-Law so as to change the permitted buildings and uses in M 1 - Light Manu- facturing Districts by striking out all of paragraph (f) in Section 5 Permitted Buildings and Uses and by substituting in place thereof the following: (f) M 1 Districts. All buildings and uses that are permitted in R 1, R Z and C 3 districts but subject to any conditions and re- strictions set forth therein, and the following: 1, Light manufacturing, employing only electric or other sub- stantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, free from neighborhood disturbing odors or agencies, but subject to the following con- ditions : any light manufacturing business, the conduct of which may be disturbing or detrimental to the health, safety or welfare of persons working in or living near the proposed location of such manufacturing, including special danger of fire or explosion, pollu- tion of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors and offensive noise or vibrations, is expressly prohibited;_ and the buildings thereof shall connect with a sanitary sewer, 2. No dwelling shall be erected in an M 1 district except with permission from the Board of Appeals. Article 26. To see if the Town will vote to amend paragraph (b) of Section 7 Height Regulations of the Zoning By-Law by inserting after the words "C 2" the following:- , C 3 -, so that said paragraph (b) will read as follows : (b) In C 2, C 3 and M 1 districts the maximum height of buildings shall be fifty-five feet. Article 27. To see if the Town will vote to amend Section 8 of the Zoning By-Law as follows: A. By striking out the title "Area, Frontage and Yard Regulations" and substituting in place thereof the title - Area, Frontage, Yard, Off-Street Parking and Loading Regulations. B. By striking out all of paragraph (e) and substituting in place thereof the following: (e) N 1 and C 3 Districts 1. In M 1 and C 3 districts there shall be provided: a. For each permitted principal building, other than those permitted in R 1 or R 2 districts, a lot con- taining an area of not less than five acres and a frontage of not less than 400 feet upon the frontage street. b. For each such building and accessory building: (1) A front yard of not less than 70 feet in depth on each street upon which the lot abuts. (2) A side yard on each side of not less than 50 feet in width. (3) A rear yard of not less than 50 feet in depth. Provided however that, if a boundary of the lot abuts on land in a district other than an M 1 or C 3 district the side or rear yard requirement for the yard, having as its exterior line the boundary of the lot which abuts the land in the other district, shall be not less than 80 feet in width or depth as the case may be. c. For each such principal building, an open area on the lot, not occupied by any building, of not less than 75 per centum of the area of the lot, which may be used for parking area if otherwise lawful. d. For each such principal building, a parking area on the lot for automobiles or other vehicles containing not less than three parking spaces for each four per- sons employed concurrently on the premises unless a smaller parking area shall be approved in writing by the Planning Board which, in granting such approval, may prescribe other conditions and restrictions in the interest of the Town in carrying out the purposes of this By-Law. No parking area shall be located within 70 feet of the exterior line of any street on which the lot abuts, except that there may be provided on the lot one parking area within such distance of a street which shall accommodate not more than 25 cars and shall be used exclusively for visitors and shall not be considered part of the parking area required as hereinabove provided. No parking area shall be located within 10 feet of any boundary line of the lot. e. For each such principal building, but not including office buildings, minimum loading berths on the lot as 'follows : for buildings containing less than 30,000 square feet of floor area, one loading berth; for buildings containing from 30,000 to 100,000 square feet of floor area, two loading berths, plus one ad- ditional loading berth for each additional 70,000 J square feet of floor area or fraction thereof up to 450,000 square feet; for buildings containing over 1+50,000 square feet of floor area, seven loading berths, plus one additional berth for each additional 90,000 square feet of floor area or fraction thereof.$ Each such berth shall be at least 12 feet in width and 45 feet in length and shall have a vertical clear- ance of not less than 14 feet. No loading berth shall be located in a'$front yard. As used herein the term "loading berth" shall mean a space immediately adjacent to a loading platform and designed to be occupied by a truck or other vehicle while loading or unloading. f. Parking areas and loading berths shall be provided with adequate driveways, not more than 25 feet in width, providing access to a street. The entrance of all driveways to a street and the specifications for construction of all parking areas, loading berths and. driveways shall be subject to approval in writing by the Planning Board. In determining the area required for parking, loading and driveway space, the area al- located to any one of such spaces shall not, while so allocated, be used to satisfy the requirements for any other space. g. For each principal building permitted in R 1 or R 2 districts, the same lot area and frontage, and for each such building and accessory building the same front, side and rear yards as would be required if the lot were situated in an R 1 or R 2 district. 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 twenty-second day of October, A. D. , 1956. ca(29-64.4,,,,, CC? At/n ? 'Th / Selectmel i% of R &WI Lexingtoi 4 CONSTABLE'S RETURN To the Town Clerk November Gr, 1956 I have served the foregoing warrant by posting a printed copy thereof in five (5) public places in the Town and also by sending by mail, postage prepaid, a printed copy of such warrant addressed to every registered voter of the Town at his last residence, as appears from the records of the Board of Registrars of voters days before the time of said meeting. Attest: it -CSG G '0 :C.4'1tLrZ-__ritr Z t Constable of Lexington ✓i