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HomeMy WebLinkAbout1964-06-08-STM-Warrant-1 of 2 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 eighth day of June, 1964, at 8:00 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 Town. ARTICLE 2. To 'see if the Town will vote to appropriate an additional sum of money for Cary )liemorial Library - Personal Services Account for the balance of the year 1964, and provide for payment thereof by the transfer from available funds, including unexpended balances in current appropria- tions; or act in any other manner in relation thereto, ARTICLE 3. To see if the Town will vote to appropriate an additional sum of money for Cary Memorial Library - Expenses Account for the balance of the year 1964, 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 4. To see if the Town will vote to appropriate money to pay any unpaid bills rendered to the Town fcr prior years, 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 5. To see. if the Town will appropriate money to be used in conjunction with money previously appropriated for the construction of a sewer main or mains in Worthen Road from Bedford Street to Massachusetts Avenue, or any part thereof 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, as amended, or otherwise; and determine whether the money shall be provided 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. -2- ARTICLE 6. To see if the Town will authorize the Selectmen on behalf of the Town to acquire by purchase, by eminent domain or other- wise, or by lease, land or interests therein situated on Waltham Street in Lexington and shown as Lot A on a plan recorded in Middlesex South District Registry of Deeds, Book 10436, Page 153, and containing 10,436 square feet according to said plan, for the purpose of an off-street parking area and access thereto; and appropriate money for the acquisition of the land and for the construction and operation of the parking area and facilities, and determine whether the money shall be provided by transfer from available funds, including the Parking Meter Fund, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 7. To see if the Town will vote to appropriate an additional sum of money for Traffic Regulation and Control - Expenses, for the balance of the year 1964, 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 8. To see if the Town will authorize the Selectmen to install such sewer and, water mains, conduits or drains as they may deem appropriate under the portion of Route 2 to be reconstructed in the Town and under any roads constructed in the Town in donnection therewith, including ramps, maintenance roads and adjoining land., by entering into a contract with the Commonwealth of Massachusetts, represented by its Department of Public Works, to have the work performed by the contractor engaged by the Commonwealth for such reconstruction, the cost of such installation to be paid for by the Town to such contractor; and appropriate money therefor and provide for payment 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. -3- ARTICLE 9. To see if the Town will vote to establish a Conservation Fund as authorized by law and appropriate a sum of money therefor, 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 Conservation • Commission to contract, in the name of the Town and with the approval of the Board of Selectmen, with any agency of the United States Government in order to obtain financial assistance for the purchase of open space land, and to receive and expend Federal and other funds ; or act in any other manner in relation thereto. ARTICLE 11. To see if the Town will vote to appropriate a sum of money for the purchase or lease of voting machines, 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 12. To see if the Town will authorize the Standing School Building Committee to retain professional services and prepare final plans and specifications and to obtain bids for the construction and original equipping and furnishing of a new elementary school building on the parcel of land situated on the southwesterly side of Middleby Road that was acquired for school and other public purposes in 1958; appropriate money for such purposes and determine whether the money shall be provided by transfer from available funds, including any unexpended balances in current appropriations, or by any combination of these methods; or act in any other manner in relation thereto. • -4- ARTICLE 13. To see if the Town will authorize the Standing School Building Committee to retain professional services and prepare final plans and specifications and to obtain bids for the construction and original equipping and furnishing of a new elementary school building on the parcel of land situated on and off Moreland Avenue that was acquired for school and other public purposes pursuant to vote adopted under Article 42 of the 1962 Annual Town Meeting; appropriate money for such purposes and determine whether the money shall be provided by transfer from available funds, including any unexpended balances in current appropriations, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE la.. To see if the Town will vote to extend to a subsequent town meeting the time within which the Historic Districts Study Committee, appointed under Article 8 of the Special Town Meeting of January 28, 1963, shall report; or act in any other manner in relation thereto. ARTICLE 15. To see if the Town will vote to amend the Zoning By-Law by adding at the end, of Section k (g) A 1 -- Garden apartment districts, the following new paragraph: A district on the Northwesterly side of Worthen Road and being shown as Lots A, B, and C on a plan by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, dated November 23, 1963 and revised on April 22, 1964, and being further bounded and described as follows : Beginning at a point on the Northwesterly side of Worthen Road at land, now or formerly, of the Roman Catholic Archbishop of Boston shown as Parcel D on said plan; thence running Northeasterly by Worthen Road, by four bounds, 111.63 feet, 348.26 feet, 119.02 feet, and 92.97 feet to land of First National Stores, Inc. ; thence running and turning -5- Northwesterly by land of First National Stores, Inc . and Custance Brothers, Inc . , 476.82 feet to a point; thence turning and, running Northeasterly by land, now or formerly, of Custance Brothers, Inc ., 152.85 feet to land of Alice T. McCarthy; thence turning and running Northwesterly by land of Alice T. McCarthy, by two bounds, 50.36 feet and 114.20 feet; thence running Northwesterly again by land of Edward P. and Gloria D. Colbert, 120 feet; thence running Northwesterly again by land of owner unknown, 117.29 feet to land of Walter F. and Mary A. Spellman; thence turning and running Southwesterly by land of Walter F. and Mary A. Spellman, and land of John R. Driscoll, Jr. and Kathleen Driscoll, and by land of Albert J. Saganich, 150.75 feet to a point; thence turning and running Northwesterly by land of Albert J. Saganich, 136.15 feet, by the layout of Shirley Street, 40.14 feet, by land. of John F. Murphy, 123.34 feet, and by land of Lincoln P. Cole, 161.01 feet to Hill Street; thence turning and running Westerly by Hill Street, 40.78 feet to a point; thence turning and running Southeasterly by land of Mary J. Bullock, John F. Bullock, Ralph L. Bullock and George E. Bullock, to a point, 172.97 feet; thence turning and running Southwesterly by landof said Mary J. Bullock, John F. Bullock, Ralph L. Bullock, and George E. Bullock, and by land of Arthur C. Ruge and Florence B. Huge, 820.81 feet to other landof said Arthur C. Ruge and Florence B. Huge; thence turning and running Southeasterly by other land of Arthur C. Ruge and Florence B. Huge, 60.70 feet, 205.61 feet, 42.59 feet, 71.15 feet, 132.14 feet, aid. 102.80 feet, respectively; thence running Southeasterly again by land of the Roman Catholic Archbishop of Boston, 220.26 feet and 229.69 feet respectively to the point of beginning; or act in any other manner in relation thereto. -6- ARTICLE 16. To see if the Town will vote to amend the Zoning By-Law by adding at the end of sub-section (h) of Section 4 thereof, under the caption "C 3 - Special commercial districts . ", the following new paragraph: 4. A district on the southwesterly side of the Concord Turnpike (Route 2) , also known as the Cambridge-Concord Highway, and the easterly side of the Northern Circumferential Highway (Route 128) , on both sides of Spring Street, bounded and described as follows : Beginning at the intersection of the common boundary of Lexington and Waltham with the easterly sideline of the Northern Circumferential Highway (Route 128) , as laid out and altered on June 14, 1960; thence by said easterly sideline of said Northern Circumferential Highway N 09° 12 ' 42" W, a distance of 1447.13 feet more or less ; thence by the sideline of said Northern Circumferential Highway N 39° 48' 13" E, a distance of 132.22 feet more or less ; thence by the sideline of said Northern Circum- ferential Highway N 59° 18 ' 24" E, a distance of 383.3 feet more or less ; thence by the southwesterly sideline of said Concord Turnpike (Route 2) running southeasterly, a distance of 319 feet more or less; thence by the southeasterly sideline of said Concord Turnpike running northeasterly, a distance of 293 feet more or less ; thence by the southwesterly sideline of said Concord Turnpike by three courses, running southeasterly a distance of 360.8 feet more or less, running northeasterly, a distance of 33 feet more or less, and again southeasterly, a distance of 1150 feet more or less, to the intersection with the westerly sideline of an access road identified as parcel 12-35, section V of the layout No. 5393, dated February 25, 1964, by the Commonwealth of Massachusetts for the alteration of said Concord Turnpike (Route 2) ; thence by said westerly sideline of parcel 12-35 turning more southerly and westerly by several courses, a total distance of 754.26 feet more or less, to the southwesterly limit of said section V; thence S 27° 51 ' 35" E, a distance of 95.00 feet, to the -7- southeasterly boundary of said section V, as shown on said layout of February 25, 1964; thence by said boundary of secti;n V N 62° 08 ' 25" E, a distance of 480.61 feet; thence by said boundary turning to the right or more easterly by a curve of 525.00 feet radius, a distance of 121. 3 feet ; thence by the southerly sideline of parcel 12-28-T, section 10 of said layout of February 25, 1964, turning to the right or more easterly by a curve of 525 .00 feet radius, a distance of 60.00 feet; thence on land now or formerly of Florence Baldwin S 34° 49 ' 32" W, a distance of 465.00 feet; thence on an approximate bearing S 05° 48 ' 25" W, a distance of 785 feet more or less to the intersection of the common boundary line of land owned now or formerly by Joseph and Odele Medas and of land owned now or formerly by William F. and Eileen A. Cowles with the westerly boundary line of land owned now or formerly by said Florence Baldwin; thence generally southwesterly by the common boundary line of said land now or formerly of Baldwin and said land now or formerly of Medas, a distance of 103 feet more or less, to the common boundary of Lexington and Waltham; thence by said common boundary of Lexington and Waltham N 66° 17 ' 17" W, a distance of 2300 feet more or less, to the point of beginning; or act in any other manner in relation thereto. ARTICLE 17. To see if the Town will vote to amend the Zoning By-Law by adding in subparagraph (1) of paragraph l.a. of subsection (c) of Section 8 thereof, under the caption "0 2 Districts. ", the designation "A 1, ", immediately preceding the words "R 1 or R 2 district", so that said subparagraph (1) shall read as follows : (1) If a boundary of the lot abuts on land in an A 1, R 1, or R 2 district, a side yard adjoining such boundary of not less than 20 feet in width, which may be used for parking area if otherwise lawful; or act in any other manner in relation thereto. -8- ARTICLE 18. To see if the Town will authorize the Selectmen on behalf of the Town to purchase, take by eminent domain or otherwise acquire for playground and recreational purposes and other public purposes all or any part of a parcel of land situated southwesterly of Concord Avenue and bounded in part by Concord Avenue, said parcel of land consisting of the land substantially as described in a deed recorded in Middlesex South District Registry of Deeds, Book 7344, Page 227, and appropriate money therefor and determine whether the money shall be provided by transfer from available funds, or by borrow- ing, 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 amend the Zoning By-Law as follows : I. By inserting after Paragraph 1, in sub-section (i) of Section 4 thereof, under the caption CH 1- Commercial and hotel districts, the following paragraph 2 to read as follows : "2. There is excluded from the above district the land on the Southwesterly side of Bedford Street at the corner of Hartwell Avenue and said Bedford Street being bounded and described as follows : Beginning at a point at the intersection of the Southwesterly sideline of Bedford Street and the Southeasterly sideline of Hartwell Avenue; thence S 31°-34'-19"E 273.10 feet along the Southwesterly sideline of Bedford Street to the Northerly corner of the lot of Howard A. Smith; thence in three (3) courses along the Northwesterly and the Southwesterly boundaries of the land of said Smith, being S 53°-461-11"W 98.52 feet, S 4.30-39 '-41"W 101.78 feet and S 3l°-34'-19"E 135.70 feet to a point; thence_ S 117°-52 '-l3"W 335.62 feet to a stone bound angle point; thence S 42°-50 '51"W 516.19 feet to a point 1200 feet dis- tant and at a right angle from the Northeasterly sideline of the Boston and Maine Railroad right of way; thence N 43°-02 '-t7"W 640.21 feet on a line parallel to the Northeasterly sideline of the Boston and Maine Railroad right of way to a point on the Southeasterly sideline of Hartwell Avenue; thence by two (2) courses along the Southeasterly sideline of Hartwell Avenue, being N 53°-56 '-26"E 1079.05 feet and S 87°-041-59"E 115.32 feet to the point of beginning. II. By adding at the end of Section 4, (g) Al-Garden apartment districts, the following new paragraph: A district on the southwesterly side of Bedford Street at the corner of Hartwell Avenue and said Bedford Street being bounded and described as follows : Beginning at a point at the intersection of the Southwesterly sideline of Bedford Street and the Southeasterly sideline of Hartwell Avenue; thence S 31°-34J19"E 273.10 feet along the Southwesterly -9- sideline of Bedford Street to the Northerly corner of the lot of Howard A. Smith; thence in three ( 3) courses along the Northwesterly and the Southwesterly boundaries of the land of said Smith, being S 53°-46 '-11"W 98.52 feet, S 43°-39 '-41"W 101.78 feet and S 31°-34'-19"E 135.70 feet to a point; thence S 47°-52 '-13"W 335.62 feet to a stone bound angle point; thence S 42°-503519W 516.19 feet to a point 1200 feet distant and at a right angle from the Northeasterly sideline of the Boston and Maine Railroad right of way; thence N 43°-02 '-47"W 640.21 feet on a line parallel to the Northeasterly sideline of the Boston and Maine Railroad right of way to a point on the Southeasterly sideline of Hartwell Avenue; thence by two ( 2) courses along the Southeasterly sideline of Hartwell Avenue, being N 53°-56 '-26"E 1079.05 feet and S 87°-04159"E 115.32 feet to the point of beginning. ( Inserted at request of 100 or more registered voters . ) ARTICLE 20. To see if the town will vote to establish a policy that the personal services budget of the fire department be administered so as to eliminate disparity of salary between fire and police positions . (Inserted at request of 100 or more registered voters . ) ARTICLE 21. To see if the Town will authorize the Conservation Commission to secure from the United States Department of Agriculture, Soil Conservation Service, a detailed soil survey and natural resources inventory for the Town, including an interpretive report, and to enter into a contract or contracts therefor; and appropriate a sum of money for such purpose and determine whether the same shall be provided by the current 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 request of 100 or more registered voters . ) ARTICLE 22. To see if the Town will vote to amend the Zoning By-Law by adding at the end of Section 4, (c) C-1 Local Business Districts, the following new paragraph: A district on the northeasterly side of Bedford Street beginning at a stone bound on the easterly side of Bedford Street and land formerly of Middlesex and Boston Street Railway Company; thence north- easterly by land formerly of the Middlesex and Boston Street Railway, 212.52 feet to land of Johnson; thence in a southerly direction, 215.74 feet to Larchmont Lane; thence southwesterly by two lines, 67.03 and 25.64 feet to Bedford Street; thence northwesterly along the northeasterly line of Bedford Street, 141.64 feet to the point of beginning. Said land is more fully shown on a plan entitled "Plan of Lots in Lexington, Mass . " dated March 9, 1960, by Albert A. Miller and Wilbur C. Nylander, C. E. 's, recorded with Middlesex South District Registry of Deeds in Book 9577, Page 601. (Inserted at request of 100 or more registered voters . ) -10- ARTICLE 23. To see if the Town will vote to amend the Zoning By-Law by inserting, immediately following the word "sanitaria" in subparagraph c . of paragraph 7, of Section 5(a) thereof, under the caption "R 1 Districts. ", the words andpunctuation "including said nursing homes, convalescent homes and rest homes" so that/subpara- graph c. shall read as follows : c. Hospitals, sanitaria including nursing homes, convalescent homes and rest homes , charitable institutions, private schools, halls, clubs and other meeting places and cemeteries. ARTICLE 211 . To see if the Town wilLauthorize the Selectmen in the name and on behalf of the Town to convey to the Trustees of Valleyfield Realty Trust under a Declaration of Trust dated July 29, 1960 and registered in Middlesex South Land Registry District as Document No. 357161 a certain parcel of land substantially as shown and marked Lot 65B on plan entitled "Plan of Land Off Valleyfield St . Lexington, Mass .", dated May 1, 1964, John J. Carroll, Town Engineer, a copy of which is on file in the office of the Town Engineer, such conveyance to be in consideration of the conveyance by said trustees to the Town of a parcel of land substantially as shown and marked lot B1 on said plan, and the release by said trustees to the Town of all claims for damages arising from the taking by the Town of rights and easements for sew::r purposes, said taking having been made by order of the Board of Selectmen dated April 22, 1963 and registered in said Land Registry District as Document No. 391523; or act in any other manner in relation thereto. 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 Cleric, on or before the time of said meeting. Given under our hands at Lexington this eleventh day of May, A.D. , 19E4. : f Selectmen i"1 (r'- iaJ< vLc< of \�,t, ,fe �fL�l� Lexington CONSTABLE'S RETURN To the Town Clerk: May 4a 1964 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 I / days before the time of said meeting. Attest: Oonstable or Lexington