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.
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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.
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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.
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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
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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
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