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HomeMy WebLinkAbout1964-11-23-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 twenty-third day of November, 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 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 transfer from available funds, in- cluding any unexpended balances in current appropriations; or act in any other manner in relation thereto. ARTICLE 3. To see if the Town will vote to authorize the Conservation Commission to expend from the Conservation Fund established by vote under Article 9 of the warrant for the Special Town Meeting held on June 8, 1964 in the name of the Town, a sum of money for the purchase,/for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, of a parcel of land shown as Lot B-2 on plan entitled "Plan of Land in Lexington, Mass. ", dated October 16, 1964, by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors; or act in any other manner in relation thereto. ARTICLE 4. To see if the Town will vote to transfer to the School Committee for school, playground or recreational purposes, and for all purposes incidental thereto, the care, custody, management and control of all or a part of the parcels of land conveyed to the Town by Augustus E. Scott by two deeds dated June 8, 1914 and March 30, 1915 which are recorded, respectively, in Middlesex South District Registry of Deeds, Book 3953, Page 561, and Book 3981, Page 109, the conditions set forth in said deeds limiting the use of the land to park and playground purposes having been released to the Town by the Trustees of Tufts College, the successor 2. as residuary legatee and devisee under the will of said Augustus E. Scott of any rights to enforce said conditions, and use of said parcels for school, playground or recreational purposes, and for all purposes incidental thereto, having been authorized by Chapter 114 of the Acts of 1961; or act in any other manner in relation thereto. ARTICLE 5. To see if the Town will vote to authorize the Standing School Building Committee to enter into a contract or contracts for the construction and original equipping and furnishing of a new elementary school building on land situated on the southwesterly side of Middleby Road that was acgaired for school and other public purposes in 1958, and a new elementary school building on land situated on and off Moreland Avenue that was acquired for school and other public purposes in 1962, and to supervise the work; 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 borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 6. To see if the Town will vote to authorize the Standing School Building Committee, appointed under authority of the vote adopted under Article 37 of the warrant for the 1957 Annual Town Meeting, to enter into a contract or contracts for the construction and original equipping and furnishing of a new elementary school building on land situated on the southwesterly side of Middleby Road that was acquired for school and other public purposes in 1958, and to supervise the work; appropriate money for such purposes and determine whether the money shall be provided'.bg transfer from available funds, including any unexpended balances in current appropri- ations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. 3. ARTICLE 7. To see if the Town will vote to authorize the Standing School Building Committee, appointed under authority of the vote adopted under Article 37 of the warrant for the 1957 Annual Town Meeting, to enter into a contract or contracts for the construction and original equipping and furnishing of a new elementary school building on land situated on and off Moreland Avenue that was acquired for school and other public purposes in 1962, and to supervise the work; 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 borrowing, or by any combination of these methods ; or act in any other manner in relation thereto . ARTICLE 8. To see if the Town will authorize, subject to leave of the General Court, the use, for the erection of a public facilities and infor- mation building that will exceed 600 square feet in area on the ground, of a part of the Buckman Park land that was acquired by the Town by deed of Thomas M. Stetson et al dated July 23, 1913, recorded in Middlesex South District Registry of Deeds, Book 3809, Page 270, and authorize the Select- men to petition the General Court for legislation granting such leave; or act in any other manner in relation thereto. ARTICLE 9. To see if the Town will authorize the committee appointed pursuant to the vote adopted under Article 32 of the warrant for the 1963 Annual Town Meeting to prepare final plans and specifications and obtain bids for the construction of a public facilities and information building on land in or near the Battle Green District, so-called; 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 10. To see if the Town will authorize the Selectmen on behalf of the Town to acquire by purchase, by eminent domain, or otherwise, or by lease, land or interests therein situated on Waltham Street in Lex- ington 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 combi- nation of these methods; or act in any other manner in relation thereto. ARTICLE 11. To see if the Town will make a supplementary appropri- ation to be used in conjunction with and in addition to the money appropri- ated in the vote adopted under Article 31 of the warrant for the Annual Town Meeting held March 16, 1964, 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 recolaniended by the Planning Board, and determine whether the money shall be provided by transfer from available funds, including any unexpended balances in current appropriations; or act in any other manner in relation thereto. ARTICL,? 12. To see if the Town will appropriate an additional sum of money to be used in conjunction with money appropriated under Article 8 of the Special Town Meeting held on June 8, 1964 for installation of sewer and water mains, conduits and drains under the portion of Route 2 to be recon- structed in the Town and under any roads constructed in the Town in con- nection therewith as authorized by vote under said Article 8, and determine whether the money shall be provided by transfer from available funds, in- cluding any unexpended balances in current appropriations ; or act in any other manner in relation thereto . 5. ARTICLE 13. To see if the Town will authorize the Selectmen to obtain preliminary plans and specifications for alterations and additions to the Public Works Building on Bedford Street, appropriate a sum of money therefor, and determine whether the money shall be provided by transfer from available funds, including any unexpendedbalances in current appropri- ations; or act in any other manner in relation thereto . ARTICLE 14. To see if the Town will authorize the Selectmen in the name and on behalf of the Town to enter into an agreement to convey, and to convey, to the Trustees of the Minute Man Park Realty Trust under a Declaration of Trust dated June 18, 1963 and recorded in Middlesex South District Registry of Deeds, Book 10292, Page 107, the land on Meriam Street known as the Old Fire Station Site, such conveyance to be in consideration of the conveyance by said Trustees to the Town of a parcel of land situated on the northeasterly side of Massachusetts Avenue between Meriam Street and Depot Square in Lexington and having a uniform width of 15 feet as measured at right angles between side lines, and said agreement and con= veyance to be upon such other terms and conditions as the Selectmen may determine; or act in any other manner in relation thereto. ARTICLE 15. To see if the Town will authorize the Selectmen to accept on behalf of the Town a deed conveying to the Town two parcels of land on Lillian Road shown as Parcel A and Parcel B on a plan entitled "Plan of Parcels A and B Lillian Road, Lexington, Mass. ", dated October 22, 1964, John J. Carroll, Town Engineer; or act in any other manner in relation thereto. ARTICLE 16. To see if the Town will vote to amend Article XIII, Section 4, paragraph 1, of the General By-Laws by striking out said paragraph and substantially inserting in place thereof a new paragraph to read/as follows : The committee shall prior to each annual meeting for the transaction of business, prepare, publish and distribute by mail to each dwell- ing house and to each dwelling unit in multiple dwelling houses, apartment buildings or other buildings in the Town a budget showing in detail the anticipated income and expenditures of the Town for the then current year, together with its advice and recommendations with 6. reference to the various appropriations of the Town funds . The Committee may include in its report advice and recommendations as to any other municipal matters coming before such Town Meeting. ARTICLE 17. To see if the Town will vote to amend the Zoning By-Laws by adding at the end of Section 4 (g) under the caption A-1 -- Garden apart- ment district, the following new paragraph: A district on the Southwesterly side of Shirley Street and on the Southeasterly side of Hill Street and being shown as Lot B and Lot C on a plan by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, dated October 8, 1964, and being further bounded and described as follows : Beginning at a point at the Northwesterly corner of Shirley Street at land of John F. Murphy; thence running Northwesterly by said land of Murphy, 123.34 feet and by land of owner unknown, 161.01 feet to dill 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, 172.97 feet to a point; thence turning and running Southwesterly by land of said Mary J. Bullock, John F. Bullock, Ralph L. Bullock and George E. Bullock and by land of Arthur C. Ruge and Florence B. Ruge, 780.61 feet to other land of said Arthur C. Ruge and Florence B. Ruge; thence turning and running Southeasterly by other land of Arthur C. Huge and Florence B. Ruge, 277.06 feet to a point; thence turning and running Northeasterly by Lot A as shown on said plan, 857.98 feet to the Westerly corner of land of Custance Brothers- Inc . ; thence running Northeasterly by said land 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 and by land of Edward P. Colbert and Gloria D. Colbert, 120 feet and by land of owner unknown, 117.29 feet to land of kalter F. Spellman and Mary A. Spellman; thence turning and running Southwesterly b: land of Walter F. Spellman 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 said land of Albert J. Saganich, 136.15 feet and by the Southwesterly side line of Shirley Street, 40.14 feet to the point of beginning; or act in any other manner in relation thereto. 7. ARTICLE 18. To see if the Town will vote to name new public ways and to change the names of existing ways in the Town of Lexington as follows : a. To name Hayden Avenue the way laid out by the Commonwealth of Massachusetts a distance of 5362 feet, more or less, between Spring Street and Waltham Street north of Cambridge-Concord Highway. b. To name Concord Avenue the way laid out by the Commonwealth of Massachusetts a distance of 1229 feet, more or less, westerly from Concord Avenue to Spring Street . c. To name Piper Road the way laid out by the Commonwealth of Massachusetts a distance of 358 feet, more or less, easterly from Waltham Street, and to change to Piper Road the name Blossom Street for that part of a public way extending easterly and northeasterly a distance of 320 feet, more or less, from the easterly end of the aforesaid way to near Cambridge-Concord Highway. d. To name Vineyard Avenue the way laid out by the Commonwealth of Massachu- setts extending, in part, westerly a distance of 1225 feet, more or less, from existing Vineyard Avenue, and extending, in part, easterly a distance of 263 feet, more or less, from Blossomcrest Road, and to change to Vineyard Avenue the name Blossom Street for a distance of 990 feet, more or less, between the aforesaid ways . e. To change to Ivy Lane the name Nellington Lane Avenue for a distance of 480 feet, more or less, northerly from Pleasant Street to near Cambridge- Concord Highway. f. To name Wellington Lane Avenue that portion of Lawn Avenue laid out as a part of the Wellington Lane Avenue cul-de-sac at Cambridge-Concord Highway. g. To change to Kimball Road the name Hickory Street, a partially constructed private way extending westerly and northwesterly a distance of 1012 feet, more or less, from Kimball Road to Garfield Street . h. To change to Rolling Lane the name Robbins Avenue, an existing private way between School Street and Fairland Street. i. To change to South Glen Road the name of that portion of Glen Road, an existing private way, located between Oakland Street and Grant Street. 8. j . To change to 'Winship Road the name of that unaccepted portion of Cummings Avenue which extends westerly 315 feet, more or less, and easterly 160 feet, more or less, from Hillcrest Avenue . k. To change to Mayflower Street the name of that portion of Blossom Street between Cambridge-Concord Highway and Vineyard Avenue as described in paragraph d. above. ARTICLE 19. To see if the Town will appropriate a sum of money for payment of medical expenses incurred by members of the Police and Fire Departments injured in the line of duty, and determine whether the money shall be provided by transfer from available funds, including any unexpended balances in current appropriations; or act in any other manner in relation thereto. ARTICLE 20. To see if the Town will vote to amend the Zoning By-Law by adding at the end of paragraph 2, subsection (f) of Section 5 the following new subparagraph c . c. Storage and distribution of packaged articles owned by occupant . All storage to be inside the walls of buildings of first or second class construction. The following are expressly prohibited : (1) Activities the conduct of which may be disturbing or detrimental to the health, safety, or welfare of persons working or living in the neighborhood by reason of special danger of fire or ex- plosion, pollution of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noise or vibration; (2) Retail uses, except such uses as are permitted under paragraph a. of this subsection and the incidental sale at retail, of parts or components necessary for the maintenance or operation of articles stored and distributed; (3) Outdoor storage; and (It) Outdoor overnight parking of freight-carrying or material-handling vehicles and equipment, except in areas specifically designated therefor in the Finding and Determination by the Board of Appeals. 9 . ARTICLE 21. To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington as follows : I. By striking out subparagraph c. in paragraph 7, subsection (a) of Section 5 thereof and by substituting therefor a new item c. reading as follows : "c. Hospitals, sanitaria, nursing, convalescent and rest homes, homes for the aged, charitable institutions, private schools, non-commercial non-profit clubs, places and buildings for public assembly, and cemeteries. " II. By adding the following new paragraph 5 in subsection (a) of Section 8 thereof: 5. Uses listed in subparagraphs c . , d. , e. , f. , or g. of paragraph 7 in subsection (a) of Section 5 shall meet such requirements as to building area, yards, parking, screening, population density and the like as may be imposed by the Board of Appeals to make the proposed use compatible with the general character of the district . In R 1 and R 2 districts these requirements shall include, but shall not be necessarily limited to, the following : a. No more than 15% of the area of a lot shall be built upon. b. Between the buildings and each street on which a lot abuts there shall be a front yard of at least 30 feet for lots having an area of less than one acre, a front yard of at least 40 feet for lots having an area of at least one acre but less than five acres, and a front yard of at, least 50 feet for lots having an area of five acres or more. c . There shall be side and rear yards of at least 20 feet, which minimum is to be increased 1 foot for every 1/2 acre or major fraction thereof over 1/2 acre. d. Suitable plantings, fences, hedges or screens shall be required by the Board of Appeals within side and rear yards to screen parking and loading areas from abutting residences . 10. e. The number of off street automobile parking spaces shall be adequate for the design capacity or intended use of buildings and land. Each parking space shall be at least 10 feet wide and 200 square feet in area, and free and unimpeded access shall be provided to each parking space. The number of driveway open- ings onto streets shall be kept to a minimum. There shall be no parking within the required minimum front, side or rear yards. ARTICLE 22. To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington, namely, Section L (c) C-1 Districts entitled "Local Business Districts" by adding at the end thereof the area of land in Lexington, described as follows :- A district on the Northwesterly side of Marrett Road, being shown as Lot No. 240 on a Plan of land entitled "No. 9 Plan of Part of Section 4--Farmhurst Lexington, Mass . , owned by Neil McIntosh, Tr. " dated June 1923, C. H. Gannett, G.E. , duly recorded with Middlesex South District Deeds, Plan Book 321, Plan 5, and, according to said plan, being more particularly bounded and described as follows: Southerly by Marrett Road, formerly Middle Street, by two courses respectively measuring, one hundred thirty-seven and 75/100 (137.75) feet, and sixty-five (65) feet, more or less; Northwesterly by Lot No. 239 on said plan, two hundred (200) feet, more or less; Northeasterly by land of owners undesignated, sixty (60) feet ; Easterly by Lot No. 241 on said plan, two hundred ten (210 ) feet , more or less. Containing twenty-eight thousand (28,000) square feet of land, more or less . The above description describes an area of land approximately 28,000 square feet. The above land is all owned by Daniel P. Curtin and Eleanor M. Curtin. ( Inserted at the request of 100 or more registered voters . ) 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-sixth day of October, A. D. , 1964. Gl:' Gc'G ci / _Th 47' Selectmen 4_1,7 'L.! .r"JLf.;L'fv.ty , of (C11V ‘4—r— & ZZ.4 Lexington CONSTABLE 'S RETURN To the Town Clerk: November /2. , 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 9 days before the time of said meeting. p Attest : iJ -Cc.,.�.-L� r. o�vr� Constable of Lexington