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HomeMy WebLinkAbout1932-1941 Town Records Book 17 1 Under article, fiveSelectman Mr. Trask, offered the follow- ing; And further voted that for the purpose of said construction, the slim of ;'10,000.00 be appropriated, 7,';6000 of this sum to be transferred from the Sewer Assessment Account to the Sewer Construction Account, and that the Treasurer with the approval of the Selectmen be and hereby is authorized to sell bonds or notes of the Town in the sum of $4000. issued and payable in accordance with law. " Carried unanimously by rising vote 8;49 P.M. The part of article five referring to Pinewood Street.. was indifinitely postponed. unanimous vote at 8;50 P .M. Under article six , Selectman r . Trask offered the follow- ing; Voted that the Board of Selectmen be authorized to install water mains not less than six inches in size in the following streets, subject to the usual gurantee; Allen Street from the present end in Blossom Street a distance of approximately 1390 feet; Adams Street from East Street a distance of approximately 1150 feet; and 'further voted that for the purpose of installing said water mains the sum of q;10,000 be appropriated for lia.ter Construction Account, 3500 to be used for the installation in Allen Street, 4500 for the installation in Adams Street, and the balance for the Water Construction Account;and for the purpose of raising the money, the Town Treasurer be and hereby is authorized to sell under the direction of and with the anoroval of the Selectmen, bonds or notes of the Town issued and pay- able as provided by law. Discussion regarding Allen Street by Mr. Doherty,Tenney, Taylor and Hutchinson. Question by Mr. Chamberlain if approved by the Appropriation Committee. Reply by Chairman Er. Rowse, not approved. Er . Lamont moved , article be indifinitely Postponed . Postponement unanimously carried at 9 P.M. Under article seven Selectman Er . Trask offered the following; Voted that the Board of Selectmen and Public Works be and they- , are hereby authorized to take by eminent domain on behalf of the town an easement for the location of a drain for surface water in Or under the private ways as shown on a ftPlan pf Ert,ington Park , Lexington , Massachusetts, February 3,1931, F.7. Cutter, C. E. recorded in Middlesex South District , Deeds, Book, 5649, page 576, " namely beginning at a point near the southerly terminus of HillSide Terrace, thence within the exterior lines of the said ways as shown on the said plan,southwesterly to Ledgelawn Avenue, thence northwesterly in Ledgelawn Avenue to a point opposite a way 12 feet in width as laid out over lot numbered 183 On the said plan, thence southwesterly in the said way to a brook which cross- es through the rear of the said lot numbered 183, together with the right to enter thereon for the' purpose of constructing and maintaining the same. Carried unanimously 9;04 P,M. Question by Er. Worthen, if agreeable to take articles ten and eleven together , la. animous 9;05 P .M. Mr. Worthen offered the following;Article ten; Voted that the Town amend the Lexington Zoning By-Laws by changing from an R.I . District to a C.3. District the following described parcel of land; A triangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corp., right cf way distant 317.40 feet, containing about 27,994 square feet . Article eleven; Voted that the provision of the Lexington Zone- ing By-Law requiring in C.1. Districts hereafter created, a yard of at least twenty feet in depth between the exterior line of the street , and not less than forty feet from the center line of such street, be waived insofar as it relates to the triangular parcel of land bounded on the southwest by Woburn Street distant 320.22 feet, and on the north- _ past by the Boston and Lowell .q.ailroad Corporation right of way distant 317.40 feet, containing abet 27,994 square feet. Emery asks regarding twenty foot set back on Fletcher Avenue. Answered,1,7 r OtConnell, he was agreeable to make set back any distance asked or desired. Mr. E_Jery reads , report of Planning Board as follows; Pursuant to the provisions of the Zoning By-Law. a hearing was held by the Planning Board on Londa evening, October 17, 1932, at 8 in t:-Le electmenrs Room, Town 0-:-Tice Building. The petitioner appeared with nine other citizens, owners of property within the afected area designated by tre Planning "Eoard. 01 Of those Present, the petitioner and two others spoke in -- favor of the change. One .spoke in opposition. This is the second time substantially this same petition has been before the Town. Last year, the same petitioner filed a Petition for the same change in zoning of the same plot of land. she present petition asks additionally for removal of the twenty foot set back on Woburn Street . The earlier petition was reported upon adversely by the Plan- ing Board and was decisively rejected by the town meeting held on the evening of September 28,131. At the- recent haring, the petitioner was requested to state the grounds, if any,upon which the present petition should be favor- - ably recommended that did not exist upon presentation of the same petition one -;ear ago. l In reply it was stated that when the earlier petition was pre"erted the petitioner was not prepared definitely to commit him- self to the Particular use to which the lot would be put, if the zoning was changed, whereas now he was willing to bind hinself to use in part for a filling station for Automobiles and several small stores . The :;etitioner files with the Planning Board sketch plans of the proposed buildings which were explained in considerable detail by the Architect who was also present-. it was stated that the build- ings and the position thereof would be changed to any reasonable ex- tent to accomzaodate the views of the Town Officials. in was also stated that the Part of the lot, upon which the filling station was to be Placed was to be sold to tHe Jenny Oil Company which would bind itself to erect baildings in conformity with the plans, and that the stores would, also be erected i-, con- formity with the plans. tr In our report upon the former petition we said; The property itself lies on the border line between the principal business section of the Town and in an important residential section. There would seem to be no, occasion for enlarging the business section or district until all property within the present bounds shall have been so nearly utilized as to cause congestion or undue appreciation of values . That status has not yet been reached and apparently will not be reached for some years to come. :Tntil. that time is reached no reason is seen for enlarging the present business district. In the present business or C 1 district on ':"assachusetts Avenue ex- tending from heriam Street to- Woburn Street there is still avail- able for business a total of 1310 ft. frontage of property not yet availed of for business uses. Tr- in acting upon petitions for changes in zoning, the require- ments of the T, wn as a whole should be considered and not individual preferences er interests . If the wishes of individual owners were to be recognized, the Town would quickly lose its orderly develop- ment and would be covered with isolated business areas in the midst of residential areas, and isolated values on the one hand would be unduly appreciated, and on the other hand adjoining values would be depreciated. It was to avoid just such spotty development that zoning was adopted, and the whole benefit of zoning would be lost if individual petiti ns for change such as the Present are granted. rr Changes should be made when public need rea ices: No business district should be enlarged nor should a new business district be created unless and until public convenience reasonably requires the change. rr Pith the _present large frontage-of property within the pre- sent husiness district on ?. assachusetts Avenue between Meriam Street and Woburn Street now available i2or business but not yet utilized for business, it is felt that there is no Present need for amending our zoning law to provide additional business area, and while it may �--. be true that at some LL'uture time the property cowered by the present i petition, together with other properties in different parts of the Town, may in the natural and orderly growth of the Town be required rr to accommodate the demands of business, that time is probably , many hears ahead, and until then its status should not be changed." The foregoing in our opinion is still pertinent. The personal interests of the present owner and petitioner should not, in our opinion, be controlling, nor should they be re- =yarded with too much solicitude, for he purchased the property under its Present zoning and, so far as we know, wasinot induced to purchase by any encouragement that the zoning would be changed . The Planning Board has given much consideration to the area adjacent and including the Plot in question. It is probably inevit- able that some time t -e grade crossing of the railroad at Woburn Street will be done away with, and the grades seperated. Whether the highway will be carried over or', mder the railroad is not determined,- the etermined,- the railroad Engineers themge1ves are- -not =et certain.lt :must be borne in mind also that Woburn Street is already a link in an important State Highway#l28, which will undoubtedly require widening at an early date. Whatever is done, it is important that the plot now under consideration be not yet given over to '•usiness development that is not absolutely re- quired,because of t=.e heavy dam:es that would result when tie time of seoerating the grades at the Woburn Street crossing and the widening of oburn Street shall srrive. I T'' The Planning Board also believes that it will probably be found to be for the best interests of the Town to extend Sherman Street to junct- ion :with Woburn Street and to discontinue Fletcher Avenue from Sherman j Street to hassachusetts Avenue and thus do away with the dangerous Fletcher 7 _ivenue Railroad Crossing. I �, Until these various changes shall have been further considered and worked -ut,the Planning Board believes it to be unwise to change the zoning of the trian -ular Plot which is the subject- of this petition, or to promote immediate erection of any expensive building thereon. Any present gain in valuation and taxable return would likely be more than o- fset by the damages that would have to be Said when the time for widening Woburn Street shall a-rive, also for separating the grades at the Woburn Street Railroad Crossing . The petitioner will suffer no damage by continuning the pro- perty in t-e class in which it was zoned when he purchased it. With respect to removal of the set back on Woburn Street, the Planning Board is clearly of the opinion that it should not be done. The Town has already had one very costly experience in the vicinity of Hunt-' s Block in undertaking to obtain a strip of land for widening pur- poses. Frederick Emery. Ch_mn. C . Edward Glynn. . J.Henry Duffy. , illiam B T_::iln ; Clarence Cutler. Oct. 31, 1932. Edgar F Scheibe, Clk. Discussion by � e folloin, speaxen s; Scheibe,0'Connell, Viano, Burke, Heaney, arshall, Ryder Edison and Greeley. _._r. Greeley moved indifinite postponement. [I] Question if s:r. Worthen would withdraw article eleven. Mr. Worthen replies , agreeable to withdraw, article eleven, which was carried unanimously at 9; 55 P.M. Mr. Greeley' s motion for indifinite pottpone__ ent was nut to a vote and was carried ror postponement unanimously at 9;56 P.M. Under articl: nine,. Selectman :"r. Trask offered the following; Voted that the sum of . 1500 be transferred from the account New Headquarters Fire Station, Architects ' Plans and Contractors ? Bids to the Excess and Deficiency Account. Carried unanimously at 9;57 P.M. Selectman Hr. Trask moved to take up article 8, offering the follow- ing motion; Voted that it is the sense of the meeting that the salaries of all Persons employed by the Town, except the laborers, shall be reel c\ _ 10 `Z for the -Tear 1933, begi ming January 1st. Ex lanations by Selectman 1dr. Trask. j Remarks by T- E -urke, orposing a reduction or contribution of salaries, offering the following substitute motion; Voted; That it is the sense of the meeting that after December 31, 1932, no employee of the Town be required to contribute any portion of his or her salary for labor on any public works or welfare relief of the ,. 11 Town; and that the present salaries of all Town employees remain unchanged until the next annual Town Meting; and be it further voted that the Selectmen be instructed to prepare andpreseht with the warrant for the next annual Town Meeting a complete statement of the Town' s financial condition together with a schedule showing the comparktive salaries of Town Employees in the Metropolitan District. Remarks and explanations by the following speakers; Mr. Taylor, _, r . Cutter, .ir. i�arshall, who moved that the article be indifinitely _postponed. Remarks by :_r. Earle,Er. :?_itchell,M r . Lamont. :Ir. Hutchinson su-gests when vote talen on above, that same be taken by ballot. Moderator Hr. Holt rules, Lr. rLutchinson's suggestion, out of order but same can be entertained later. Moderator IJr. Molt suggests if E . Marshall agreeable to withdraw his postponement , would be in order to continue. 12-1 _ r. Marshall states agreeable to withdraw. Remarks by -"r. Greeley. Moderator __r . Molt, offers =:r. Burke ' : Substitute motion , which was declared lost, unanimously at 11;02 P.M. Moderator hr. Holt, offers Selectman I:r. Trask' s original motion, which was declared lost unanimously at 11;04 P.h. Decision of the res'ilt of the vote kQoub ted.) _<<ode_-ator :,:r. holt, if enough voters doubted vote, to raise their hands for reconsideration, enough voters, doubted decision, there# fore rising vote in order. remarks by Mr. Chamberlain. hr . Hutchinson offers motion, same be taken by ballot. Moderator Mr . holt,su Bests the meeting vote whether or not, they wanted to take vote by ballot, by being put to a vote, it was declared lost, to vate by ballot, unanimous 11;07 P.M. Moderator i.-r . Holt, a points the following tellers to take count. of voters , for a rising vote on 2r. Trask' s original motion, Remarks by °r. Lamont. _.r. j S Smith, ex-lanations and remarks, offering the following resolve; that it is the sense of this meeting, that, from January 1,1933 to December 31, 1933 inclusive, all salaried officers and all town employees contribute ten percent of their pay to a fund to be expended by the Board of Selectmen for labor on public works or relief of inemployed citizens of the town, except that all labor- - ers , and employees receiving 20. per week or less, shall be exempt- ed from this contribution. Mr . Smith introduced Mr . Houghton from School Committee. Mrs . Webster offers explanations and remarks for teachers. Question by :.r. rolger, according to parliamentary law, if in order to entertain another motion, before the original motion deterfi mined. Answered by 1-oderator Holt, he did not know, as he hinself was trying to determine the right of order, but thought procedure was in order, for- the reason, that he was trying to get the sense of the meeting. :.oderator hr. Holt. then offered for vote, to the meeting, if > the meeting wanted to accept Mr. Smith' s motion in place of Select- ( :.:an Trask' s original motion, which was carried for acceptance, unanimoudly 11.22 P.L. - Remarks by r . Taylor. Moderator Mr. Holt, offers for vote ,hr. Smith' s substitute motion, which was declared carried , unanimous at 11;24 P.M. Selectman Trask, moves for adjourment. 11;25 A True record, Attest; / Town Clerk. II n _ .J 5 RECOUNT OE VOTES FOR LIEUTEN 'T GOVERNOR HELD NOVEMBER 19;1932. Upon applcation filed, a recount of votes, cast November 8,1932, for the office of Lieutenant Governor, was held in the Select- men' s Room, Town Office Building, Saturday November 19, 1932, the re- sult of same as canvassed by the Board of egistrars, being as follows ; Pr. 1. Pr.2. Pr.3. P-.4. Total Gaspar G Bacon 697 858 7d7 756 3078 Morris I Becker 6 3 2 2 13 James W Dawson 3 2 1 2 8 valter S Hutchins 22 10 9 15 56 John H Swift 355 247 342 334 1278 t Blanks 59 34 29 44 166 Totals 1142 1154 1150 1153 4599 Result of recount, Bacon rermiained the same, Becker gained one, Dawson lost one, Hutchins lost one, Swift gained two,blanks lost one. Attest; "p . = • /' '' . , rk,Boar/of Registrars Of Voters . RECOUNT OF VOTES FOR SECRETARY OF STATE HELD NEVEMBER n.1932. Upon application filed, a recount of votes ,cast November 8,1932, for the office Secretary of the State, was held in the Selectmen's Room, Town 0-.-fice Building, Saturday, November 26,1932, the result of same as canvassed by the Board of Registrars, being as follows; Pr. 1. Pr.2. Pr.3. Pr.4. Total. John F Buckley 345 220 337 322 1224 7-! Frederic W Cook 697 866 766 748 3077 Albert S Coolidge 22 14 7 15 58 Max Lerner 4 3 2 2 11 Albert L faterman 6 2 0 2 10 Blanks 68 49 38 64 219 Totals 1142 1154 1150 1153 4599 Result of recount, Buckley lost five, Cook gained five, Coolidge lost two, Lerner remained the same,Waterman gained one, Blanks gained one. Attest; / - . - ,_, .• -Are--J ,, . •_ _ 4/rk, Bo-4 of Registrars Ar Of Voters. REPRESENTATIVE ELECTION. November 10, 1932. . Pursuant to the Law,The Town Clerk of Arlington and the Town Clerk of Lexington met at Lexington this day at twelve o 'clock noon, for the purpose of canvassing the votes on the eighth day of November 7 for the two representatives to the General Court of the Cozimonwealth to represent the 28th. Middlesex District. The canvassing showed the -- result of the votes cast in Arlington and Lexington. In Arlin.7ton,,delson B Crosby had eight thousand eight hundred fourteen (8614) votes. in Lexinqton, Nelson B Crosby had two thousand seven hundred ninety-six (2796) votes . In Arlinnton,Eollis M Gott had nine thousand three hundred sixty- one ( 9361) votes. In Lexington, Hollis T,: Gott had two thousand five hundred ninety- three (2593) votes. 01 In Arli=ton, ImmagtJoseph J 3arry has six t:_ousand one hundred eighty-two(6182 ) votes . In Lexington , Joseph J parry had one thousand one hundred forty- three( 1143) votes. In Arlington, Edward T Ryan had five thousnad eight hundred and eight( 5808) votes. In Lexington, Edward T Ryan had one thousand forty-one (1041)votes. The return showed that Nelson 3 Crosby and Hollis M Gott had a majority of the votes cast in both T wns, and a certificate was accordingly filled out and signed by the Clerks of both Towns to be delivered to Nelson B Crosby of lo Davis avenue, Arlington and i_o11is I Gott of 90 Churchi_llWArlington. E. Caroline Pierce, Town Clerk � of Arlinp;ton James J Carroll, Town Clerk of Lexington. — J `7 TOWN 1-ARRANT COMMONWEALTH OF MASSACHUSETTS MIDDLESEX ,SS To either of the Constables of the Town of Lexington, in said County, Greeting: L_ In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington, qualified to vote in elections and in town affairs, to meet in their respective voting places in said town, (PRECINCT ONE, EMERSON HALL: PRECINCT TWO, THREE AND FOUR, GARY MEMORIAL HALL) , on MONDAY, THE SIXTH DAY OF MARCH, A. D. 1933., at Six o' clock, A. M., then and there to act on the following articles; Article 1. To choose by ballot the following town officers; One Town Clerk for the term of one year, Two Selectmen for the term of three years, One Town Treasurer for the term of one year, One Collector of Taxes for the term of one year, One Cemetery Commissioner for the term of three years, One Moderator for the term of one year, One Member of the School Committee for the term of three years, Two Constables for the term of one year, Two Members of the Planning Board for the term of three years, One Member of the Planning Board for the term of two years, Seventeen Town Meeting Members in each Precinct, for the term of threeyears One Town Meeting Member in Precinct One for the term of two years, Two Town Meeting Members in Precinct Four for the term of two years. The polls will be open at 6:00 A. M. and will remain open until 8 :00 P. M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twentieth day of March, 1933 at 8 :00 p. M. , at which time and place the following articles are to be acted upon and determined exclusively by the town meeting members, in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Art. 2. To receive the report of any Board of Town Officers or of any committee of the Town, and to appoint other committees. I 1 Art. 3. To choose such Town Officers as are required by law and are usually chosen by nomination. Art. 4. To see if the Town will authorize their Treasurer, under the direction of the Selectmen, to borrow money for any necessary purposes, in anticipation of revenue for the current year, or act in any manner relating thereto. 5:,. ..i.• �i _�F„-„ ,. i ,„„C .{� L.s Jt''i a� iI _ 0 — J F} • t 3 �y 8 .trt. 5. To see if the Town will make the usual appropriations for Town 1.1 expenses for the ensuing year, or act in any manner relating thereto. Art. 6. To see if the Town will make an appropriation for the Suppression of Gypsy and Brown Tail Moths, in accordance with Chapter 132, General Laws, or act in any manner relating thereto. Art. 7. To see if the Town will vote to appropriate and assess an amount of money to be used as a Reserve Fund asprovided by Chapter 44, Section 6, General Laws, or take any action relating thereto. Art. 8. To see if the Town will appropriate funds for the payment of pensions to retired members of the Police and Fire Departments, under i/ Chapter 32, General Laws, or act in any manner rela ing thereto. Art. 9. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1933. Art. 10. To see if the Town will vote to appropriate money for the support of a Posture Clinic, to be expended under the direction of the Board of Health or by a committee appointed by sand Board, or act in any manner relating thereto. Art. 11. To see if the Town will vote to appropriate money for Old. Age Assistance in accordance with General Laws, Chapter 118A inserted by Acts of 1930, Chapter 402, or act in any manner relating thereto. ._.. Art. 12. To see if the Town will rescind its vote of June 20, 1932, amending Article VIII of the Code of By-Laws of 1922. Art. 13. To see if the Town will amend Article VIII of the Code of By-laws of 1922 by adding at the end thereof the following: Section 2. The provisions of Section 1 shall not apply to aVy extension of water mains made in accordance with General Laws, Chapter 80 with respect to the assessment of betterments." Art. 14. To see if the Town will vote to transfer the sum of 41804.87 to the Cary Library Account, the same being the sum received from the Middlesex County for dog fees. Art. 15. To see if the Town will authorize the Selectmen to install street lights in Bowker, Brandon and Utica Streets, and Oalmount Circle. Art . 16. To see if the Town will vote to transfer snrns from the following accounts to the Excess and Deficiency Account : Clarke Street (Drain) 41.62 Crescent Hill avenue, Highway Construction, 43.04 Independence Avenue, Highway Construction, .36 Smith Avenue, Highway Construction, 46.31 Allen Street, Highway Construction 5.49 Public Works Bldg. , (Equipment & Material) 20.98 Public Works Bldg. , (Equipment & Repairs ) .26 Art. 17. 7o see if the Town will vote to appropriate a sum sufficient 9 to pay the County of Middlesex as required by law, the Town' s share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital and for care and treatment _.of tubercular patients up to June 30, 1932 ander Acts of 1928, Chapter 385 as amended by Acts of 1931, Chapter 60 including interest or discount on temporary notes issued therefor as assessed in accordance with the provisions of Chapter 111 of the General Laws and Acts in amendment thereof and in addition thereto, or take any action in relation thereto. Art. 18. 'To see if the Town will ratify the action of the Selectmen in petitioning the Legislature for legislation extending the Metropolitan Sewerage District to include the entire Town of Lexington or any portion of that part of the Town not now included in the District. Art. 19. To see if the Town will vote to reimb se the State Ho/ding — LA- Corporation olding — LA-Corporation of Cambridge, Mass. , the sum of $1218.35 for water pipe laid in Smnmit Road in the years 1916, 1922 and 1926, and to provide funds for same by direct appropriation or by transfer from other accounts._ Art. 20. To see if the Town will vote to authorize the Selectmen to install sewers in the following streets: Bedford Street, from Shirley Street northerly a distance of approximately 120 feet, Summit Road, from the present end southerly a distance of approximately 325 feet, Eustis Street, from present end a distance of approximately 115 feet, appropriate money for said sewer construction by direct appropriattov., and by transfer of fundsfrom other accounts. Art. 21. To see if the Town will vote to install water mains in the following streets, subject to the usual guarantee : Allen Street from the present end in Blossom Street a distance of approximately 1400 feet ; Outlook Drive from Wachusett Drive easterly a distance of approximately 100 feet; - Harbell Street from the present end southerly a distance of approximately 190 feet ; Colony Road from the present end northeasterly a distance of approximately 100 feet; Tewksbury Street from Bedford Street to Sargent Street and in Sargent Street from Tewksbury Street to Shirley Street a distance of approximately 550 feet; [-I and to provide funds for said installation by transfer from the Water Department Available Surplus to the Water Department Construct- ion Account. Art. 22. To see if the Town will vote to appropriate money to complete the construction of Wood Street, same to be .one under Chapter 90 of the General Laws. 01 10 A't. 23. To see if the Town will assent to and approve Chapter 12 of the Acts of 1933, being an Act authorizing the dissolution of The Trustees of the Lexington Ministerial Fund and the distribution of its property. Art. 24. To act upon the recommendations of the Committee on the Amendment of the By-Laws of the Town, and to see if the Town will amend the By-Laws by the adoption of any or all of the recommendations of said Committee. Art. 25. To see if the Town will accept the relocation or alteration -- as a town way of Winter Street, from Bedford Street for e distance of approximately 360 feet, as ahown on the plan dated February 13, 1933, and filed in the office of the Town Clerk, and authorize the Selectmen to acquire by purchase, eminent domain, or otherwise for • that purpose lands or easements or rights therein including the right to have the land of the location protected by having the surface of adjoining land slope from the boundary of the location, and to appropriate moneytherefor, or for specific repairs on the said way, or for construction of the said way, as so relocated or altered, to be raised by loan or otherwise. Art. 26. To see if the Town will vote to set aside a parcel of land, containing approximately ten acres, now used for park purposes for a Town Forest, said parcel being described as follows; A parcel of Park property known as Town Meadows bounded northwesterly by the north branch of Vine Brook, and bounded south- westerly, southeasterly and northeasterly by lands of Charles W. and Robert L. Ryder, Trustees of Lexington Estates Trust. Art. 27. To see if the Town will vote upon petition of Frank W. Perkins to amend the Zoning By-Law and map of the Town by changing from an R.l District to a C.1 District the lot of land at the westerly corner of Massachusetts Avenue and Oak Street, or take any action relating thereto. Art. 28. To see if the Town will vote upon petition of Daniel J. O'Connell to amend the Lexington Zoning By-Law and map by changing from an R. 1. District to a C . 1. District the following described parcel of land; A triangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corp. right of way distant 317.40 feet, containing 27, 994 scuare feet. Art. 29. To see if the Town will vote to amend the Zoning By-Law and Zoning map by establishing a new type of residence district, to be called R. 3 Districts, restricted as to location, wherein there may be permitted apartment houses, multiple dwellings or similar 11 structures, restricted as to height, bulk, area, coverage, or L�. construction, or otherwise restricted so as to protect health, safety, and the general welfare, or act in any manner thereon. Art. 30. To see if the Town will amend the Zoning By-Law and Zoning Map so as to establish an R. 3. District between Clarke and Muzzey Streets, Lexington, Mass. bounded and described as follows; B eginni .g at a point in the southwesterly side of Massach- usetts Avenue opposite the southerly side of Meriam Street, said point marking the northeasterly corner of the C.1 District as established under the provisions of the Lexington Zoning By- Law and Zoning Map dated March 17, 1924; thence northwesterly along Massachusetts Avenue distant - 135 feet to its junction with the southeasterly line of Clarke Street ; thence southwest- erly along Clarke Street by lands of Town of Lexington and Isaac Harris Cary Educational Fund distant -246 feet ; thence southeasterly by various courses and distances by lands of Gertrude R. Hadley, Franklin F. & Henry S. Raymond, James 7. & Florence C. Carroll, and Olive C . Myers distant -514 feet ,t:o Muzzey Street ; thence northeasterly along Muzzey Street by lands of William E. Denham and Lexington Trust Co., distant -136 feet to a point, said point being southwesterly and distant-.00 feet . from the southwesterly sidef Mass chusetts Avenue ; thence northwesterly along a line (par; alle7� with the southwesterly exterior line of Massachusetts Avenue and distant 100 feet there from, said line marking the southwesterly boundary of the C.1 District herein before mentioned, over lands of Lexington Trust Co., George E. Smith, Lois M. & Lillian G. Marshall and Town of Lexington distant -229 feet to a point marking the northwesterly corner of the C.1.District hereinbefore referred to ; thence _100 feet to the point of beginning, all as shown on plan entitled "Plan Showing Propoeed Amendment to the Zoning Map of the Town of Lexington Mass., Establishing a.n R.3 District Between Muzzey and Clarke Streets. Scale - 1 ineh - 40 feet, Feb. 17, 1933 - John T. Cosgrove, Town Engineer" on file with the Town Clerk, or act in any manner relating 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 Clerk, on or before the time of said meeting. Given under our hands, at Lexington, this fourteenth day of February, A. D., 1933. Robert P. Trask, [- Theodore A. Custance, SELECTT John E. Gilcreast, OF Charles E. Ferguson, LEXINGTON. Daniel J. O'Connell. 2 cn Pebruary 25, 1933, To the Town Clerk, `" I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the Vestibule of the Town. Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town nine days before the time of said meeting. Attest ; Patrick J. Maguire, Constable of Lexington. ANNUL TOWN ELECTION. MARCH 6 .1933. In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the sixth in the year of our Lord nine- teen hundred thirty-three at six o'clock in the forenoon. The following places were designated as the voting places for the various precincts;Precinct One, Emerson Hail; Precinct Two, Three and Four, Cary Memorial Hall; The following election officers having been duly appointed by the Selectm.en,and Wardens of the various precincts were assigned for duty as follows; Precinct One. Charles J Dailey Warden Mrs . Mary A Rowland Deputy Warden Francis Harrington Inspector George E Foster Inspector , Alfred Hayward Deputy Inspector Donald Cameron Deputy Inspector Roland E Garman Clerk Arthur W Hughes Deputy Clerk Precinct Two. Irving B Pierce Warden Ezra F Breed Deputy Warden Victor Harmon Inspector Randall Richards Inspector George V Morse Deputy Inspector Madeline J Corbett Deputy Inspector John H Dacey Clerk Ruth Ray Deputy Clerk Precinct Three. Frederick Tullar Warden Bessie G Davis Deputy Warden James M Ahearn Inspector Charles E Moloy Jr Inspector Ems'. Hovey Deputy Inspector John Sweeney Deputy Inspector James L McKenzie Clerk S-muel Wellington Deputy Clerk Precinct Four. 13 Morton G Hopkins Warden ✓ Howard Custance Deputy Warden Katherine }Kiernan Inspector Irene Robinson Deputy ,Inspector Frank Maguire Clerk Margaret Kennedy Deputy Clerk Harry G Frost Inspector The polls were declared open in each precinct at six o'clock A.Y. and remained open until eight o 'clock P.M., after which time after due -notice, they were closed. The election officers were sworn to the faithfull performance of their duties. The ballots were counted by the election officers in each pre- cinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as follows; Precinct One 1284 One thousand two hundred eighty-four. Precinct Two 1241 One thousand two hundred forty-one. Precinct Three 1228 One thousand two hundred twenty-eight. Precinct Four 1243 One thousand two hundred forty-three. Total 5996 Five thousand nine hundred ninety-six. The ballots cast were counted, enclosed in envelopes,sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. The Registrars of Voters and the Town Clerk canvassed the as follows; Precinct One Ballots Cast 250 Two hundred fifty. Precinct Two Ballots Cast 298 Two hundred ninety eight. Precinct Three Ballots Cast 294 Two hundred ninety four. Precinct Four Ballots Cast 261 Two-hundred sixty-one. Total 1103 One thousand one hundred three. Town Clerk. Prec .l. Prec.2. Prec.3. Prec. 4. Total. James J Carroll 217 273 270 233 993 Blanks 33 25 24 28 110 James J Carroll-was elected as Town Clerk for one-year. Selectmen. Prec.l. Prec.2. Prec.3. Pred.4. Total. John A Lyons 205 240 253 222 920 Robert P Trask 188 243 224 198 853 Blanks 107 113 108 102 430 Francis Burke 1 1 John Rose 1 1 William Marshall 1 1 „e John A Lyons and Robert P Trask were elected as Selcetmen for a term of three years. Town Treasurer. _ James J Carroll 221 272 274 227 994 Blanks 29 26 20 34 109 James J Carroll was elected as Town Treasurer for one year. Collector of Taxes. Byron C Earle. 203 258 262 212 935 Blanks 47 40 32 49 168 Byron C Earle was elected as Collector of Taxes for one year. 14 Cemetery Commissioner. = Prct.l. Prec .2. Prec.3. Prec.4 Total. I : George H Gibson 196 259 253 218 926 X Blanks 54 39 41 43 177 George H Gibson elected as Cemetery Commissioneia for three years. School Committee. 1 *'Margaret G Taft 135 239 234 149 757 Raymond L White 84 46 46 88 264 Blanks 31 13 14 24 82 *Margaret G Taft elected for School Committee for three years . ' Constables . -- Patrick J Maguire 198 255 255 222 930 • John C Russell 214 254 246 212 926 Blanks 88 87 87 88 350 Patrick J Maguire and John C Russell both were elected as Con- stables for one year. Moderator. Robert H Holt 198 255 260 211 924 Blanks 52 43 34 50 179 Robert H Holt elected Moderator for one year. Planning Board . J. Henry Duffy 179 237 2:31 196 843 Edward W Kimball 184 238 233 205 860 Blanks 137 121 124 121 503 J. Henry Duffy and Edward W Kimball both elected to Planning Board for term of three years. Planning Board. — Sheldon A Robinson 194 250 252 208 904 Blanks 56 48 42 53 199 iSheldon A Robinson elected to Planning Board for term two years. Town Meeting Members. Precinct One. Precinct Two. *Edward F Butterick 177 Clara A Ballard 219 *Francis Chamberlain 175 *Clarence H Cutler 166 Thomas Curley 102 *Clements Ferguson 192 Ralph P Ferri 103 *John H Devine 210 *James A Guthrie- 164 *Roland B Greeley 203 *Bartlett J Harrington 168 *William R Greeley 225- *Warren G Lawson 160 *Frederic K Johnson 184 *Esther B Lee 164 *Harold B Lamont 187 *Fred W Longbottom 178 Ernest A Lindstrom 95 *Charles B treek 165 *Arthur N Maddison 215 *Harold B Needham 174 *Fred W Miller 214 *Luther R Putney 165 *Ashley W Partridge 200 *James G Robertson 178 *Clidford W Pierce 200 *Patrick Shanahan 161 William G Potter 151 *Martha C Spaulding 170 *Elwyn G Preston 209 *Joseph Trani 131 Alfred L Short 86 *J. Alexander Wilson 158 Arthur Silva 42 *John A Wilson 168 Clyde E Steeves 140 *Walter H Wilson 163 *Albert N Webster 176 Blanks 1226 *He13is Webb-te3'f= 203 *EdWin B Worthen 252, *Loiis;'E Yeager 163 Blanks 1134 * Town Meeting Members elected for term of three years . I , 15 Town Meeting Member Precinct One. Steele Lindsay 185 Blanks 65 . Steele Lindsay elected Town Meeting Member Precinct One for two years. to fill vacancy. Town Meeting Members. Precinct Three. Precinct Four. *Louis W Bills 152 *Lester Andrews 156 *Charles M Blake 185 *William H Ballard 174 r- Harold G Bowen 4 88 Homer J Bartlett 109 *Lawrence H Burnham *William I Burnham 190 *Winthrop H Bowker *Effie B Briggs 113 170 154 *Frank P Cutter 133 *Frederick Britton 147 *A. Irving Dodge 146 *Francis E Burke 155 *Everett S 16.ery 180 *Theodore A Custance 159 Albert W Emmons 77 *Orville b Denison 118 *Roy A Ferguson 179 *Robert J Fawcett 154 *C Edward Glynn 173 Carl Hauck 100 *Randall B Houghton 188 *Frank P Herrick 116 Edwin C Kidder 81 *Converse Hill 157 *Errol B Locke 172 *Willard C Hill 161 Paul F McDonnell 79 *Harry,y) Howard 133 ,-- Neil McIntosh 132 *Frederick B James 118 *Robert C Merriam 191. *William E Mulliken 174 George P Morey 83 - - Bernard O'Donnell 79 *Ernest 0 Nichols 176 Thomas J Rouner 71 *Howard S 0 Nichols 179 R Conan Savoye 82 *Sheldon A Robinson 1.97 James E Spellman 109 *Allen W Rucker 145 *E. Elvidge Taylor 145 *Edward W Taylor 203 *Evelyn S Trask 138 Joseph Valente 70 Blanks 1415 Blanks 1429 -- * Town Meeting Members elected for term of three years . Town Meeting Members Precinct Four. -._ *Warren E Hartwell 201 *Foster Osgood 198 Blanks 123 * Elected as Town Meeting Members Precinct Four to fill vacaney. 1 A true record,Attest; _--- - own ' erk. . . Ti I ,.._ , 1 1 = J 116 ADJOURNED TOWN MEETING . MARCH , g0 , 1933. The Meeting was called to order by Moderator,Robert H Holt. at 8;04 P.M. 180 Town Meeting Members being present. Town_ Clerk James J Carroll, read the warrant ,until further reading was voted waived,after which the Constable ' s return was read. Selectman Mr . Trask, moved to take up Article two. Mr. Rowse Chairman of Appropriation Committee moves that the Committee ' s report be accepted. Unanimous 8;06 P.M. Mr. H C Blake reads report of Committee Re; site for Center Fire Station, advising same be accepted and Committee be discharged, reading the following; The Comittee visited several sites and finally decided that the property owned by Dr. Barnes on Massachusetts Avenue,adjacent to the land of the Cary Aemorial Building, now owned by the Town, was the most desirable location, as it would add another building to our civic center. Negotiations were entered into with Dr. Barnes ,who stated that the land known as the Putney lot, 145 feet, on Massachusetts Avenue extending back to tile railroad, comprising 41090 square feet,more or less ,could be purchased for 05,000.00. A verbial option was given to the Committee at this pricefalso see.-letter attached) on the land only,to April 1 , 1933. After that date.,adjusted taxes on the lana are to be added to the stated price,.,- *35,000. If the Town should decide to purchse ,the building to be removed from the property by Dr. Barnes, six months to be given for that Purpose,-- Dr. Barnes tp• reserve the right to request the Town to exercise the option at any- time within sixty days notice. If the Town did not avail itself of said option,Dr. Barnes was at liberty to dispose of said land to any prospective buyer he might have. In the opinion of the Committee, the necessity for a new Central Fire 'Station at this time is apparent, but the money for a proper building seems , under present conditions, most remote. $2,000. was appropriated for the expense of this Co=amittee to be expended on plans,etbut no money ,up to date, has been spent. In fact, last year $1,500.was transferred and the balance of 'p500. still remains unspent.Let me state that the Committee does not recommend the expenditure of any money now or in the immediate future. Under these circumstances ,the Committee asks that this report be accepted and the Committee discharged. Signed, Robert F Trask . Edward W Taylor. Hallie C Blake. Moved and seconed that above report be accepted and the Committee be discharge.. Unanimous 4,10 P.M. Under Article two, Mr. Rowse , Chairman of Appropriation Committee offers the following motion; Voted; The sense of this meet- ing on the matter of salary reduction and readjustment as it applies to appropriation for 1933 be ascertained by ballot. Mr. Rowse, refers to motion of James S Smith of Octber 31. 1932, giving figures etc. Mr. Hallie C Blake refers to motion of meeting held October 31.1932, offering the following motion; Voted; That it is the sense of this meeting that in lieu of a -eduction in salaries, all salaried officers and all Town Employees continue to contribute ten per cent of their pay for the balance of the calender year to a fund to be expend- ed by the Board of Selectmen,for labor on public works or relief of unemployed citizens of the Town,except that all laborers and employees receiving twenty dollars Per week or less shall be exempted from this contribution. Mr. Jones offers amendment, same be laid on the table . Lost unanimous 8;29 P.I . 17 Mr. Blake' s substitute motion was put to avote, and declared lost, unanimous 8;30 P.M. Francis E Burke offers the following motion;Voted; That it is the sense of this meeting that in lieu of a reduction in salaries, all salaried officers and all Tows Employees contribute twelve and one half per cent of their pay for the balance of the calender year to a fund to be expended4sby the Board of Selectmen, for labor, on public works or relief of unemployed citizens of the Town, except that all laborers and employees receiving twenty dollars per week or less shall be ex- empted° from this contribution. General discussion from the followin for and against, Z g speakers� g s Messers;Robertson, Fuller, Redman, Rowse, Nichols, Hooper, Cutter, Worthen , McCabe, Buckley , Stevens and Rucker. Burke's substitute motion was put to a vote ,and declared lost, unanimous 9 P.M. Mr. Rowse 's original motion to vote by ballot, presented,result undecided, therefore a rising vote taken, following tellers being appointed and results ; Yes Teller No 26 Long 5 70 Redman 27 23 Norris 12 Total 119 44 Carried 9;05 P.M. The following were appointed as tellers,Nary, Chamberlain ' , and Dr. Walsh, to assist the original tellers appointed , to distribute and count, the pr pared ballot,with the following questions thereoh; 20 Reduction 15 % Reduction 10 % Reduction ' - 10 /o Contribution Votes cast were recorded in the ballot box. The six tellers retired to another part of the building to count the result of the votes cast. While votes were being counted , it was voted to continue with the articles of the warrant, until the results of the count were made known. Selectman , Mr. Trask. offt'ers to take up article three, Voted; That John C Russell and Edward C Maguire be appointed as Field Drivers for the ensuing year , Carried unanimously 9;15 P.M. Selectman . Yr. Trask, under article six, offers the following; Voted; that there be appropriated and assessed for the suppres- sion of gypsy and brown tail moths in accordance with Chapter 132 of the General Laws , 2,025.00. Question by lir. Wood , if any refunds, reply no.Unanimous 9;16 ' Selectman Mr. Trask, under nseven o -fers the following; Voted that there be appropriated and assessed as a Reserve Fund for the Current year under Chapter 40, Sec6, of the General Laws,(72,500.00. Carried unanimously 9;19 P.M. Selectman Yr. Trask, under article eight offers the following; Voted _that there be appropriated and assessed fob+ pensions for retired members of the Police and Fire Departments under Chapter 32 of the General Laws. the following; Police pensions 1,095.00 Fire pensions 2,107.81 Carried unanimous 9;20P.M. Selectman Mr. Trask,under article nine ,offers the following; Voted that the Board of Selectmen be authorized to petition the Director of Accounts of the tate for an audit for the year 1933. tnanimous 9;22 P.M. Selectman Mr. 'rask, under article ten, offers the following; y .. Voted that there be appropriated and assessed for the support 18 0-1 of the Posture Clinic, to be expended under the direction of the Board of Health or by a Committee appointed by .said Board,$500.00. Ca1.ried unanimous 9;23 P.M. Selectman Mr. Trask, under article eleven offers the following; Voted that there be appropriated and assessed for, Old Age A Assistance in accordance with General Laws, Chapter 118A inserted by Acts of 1930, Chapter 402 $10,000.00 unanimous 9;24 P.M. kiglectanMr. Trask, under article trelve a,nd thirteen offers the folYowsng, Article 12, Voted that the town rescind its vote of June 20, 1932 amending article V111 of the Code of By-Laws of 1922. ,0\ Rescinded,unanimous 9;25 P.M. Article 13, toted that the town amend Article V111 of the Code ---J of By-Laws of 1922 by, adding at the end thereof the following; it Section 2, The provisions of Section 1 shall not apply to any ex- tension of water mains made in accordance with General Laws,Chapter a �t' 80 with respect to the assessment of betterments, '! Carried unanimously 9 ;27 `P/M . The result of the court of the ballot cast for reduc :ions, etc. , brought in by the tellers,and made known a.s follows; Total number of votes cast 178 l'or 20io Reduction 57 For 15' Reduction 32 For 10x0 Reduction 17 -e or 10j° Contribution 71 Not counted ( two choices ) 1 Total 178 9;32 P.M . Motion offered by Mr. dowse, not read by the Moderator,same immediately witted:awn by Mr. Rowse. 9 ;34 P.M . Mr. Long offers the following motion; voted, That it is the sense of this meeting that the salaries of Town Employees receiving in excess of "20. per week be reduced 15o yes or no. Speakers for and against Mr. Duffy, Lamont , _^Houghton, Worthen, Smith and Preston. The motion was put to 'a vote and the result doubted, whereby the Moderator requested a rising vote , appointing the following tellers with the following results ; Yes-- 23 Nary No-- 10 50 Redman 48 15 Norris 17 Total 88 75 Carried 9;57 r•.M. ,.;;uestion by Mr. Webster, reply, Moderator ,not in order. Selectman Mr. Trask, under article four, offers the follow- ing; Voted that the Town Treasurer with the approval of the Select- men be and hereby is authorised to borrow ,money from time to time in anticipation of revenue of the present financial year, and to issue therefore, a note or notes to be paid from the revenue of the present financial year. Carried unanimously 9 ,59 P.M. Selectman Mr. Trask, under article fifteen offers the follow- ing; Voted that the Selectmen be authorized to install street lights in :Bowker, 'Brandon end Utica Streets. ..uestion Er. Hadley. How ;:any lights. - 4uest io# Mr. Hraet zer. Cost. answered by Mr, -cask. earned unanimous 10;00 P.M. --- Selectman "r. Trask, under article sixteen offers the follow- ing; Voted that the following sums be transferred from the follow- ing accounts to the Excess and Deficiency Account; 19 Clarke Street (Drain] 41.62 Crescent Hill I've. , .Highway Construction, 3.04 Independence Ave. , Highway Construction .36 Smith Avenue,Highway Construction 46.31 Allen Street,Highway Construction 5.49 Public Works Bldg. , (8quipment & Eat. ) 20.98 Public Works Bldg. , (Ecuipment & Rep ) .26 478.06 All voted on together as one group, carried unanimous 10;02 P.M. Selectman Mr. Trask, under article seventeen offered the follow- ing; Voted that the sum of 0,170.90, this being the town' s share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, including interest on temporary notes issued therefore, and for the town' s share of the cost of care and treatment of tubercular patients up to June 30,1932, under AcIrs of 1928, 0hapter 385, as amended, including interest and exi,enses, be and the shere- by is apprppriated. Carried unanimous 10 ; .)3 P.M. Selectman Mr. Trask, under article eighteen, offers indefinite postponement, carried unanimous 10;04 P.M. Selectman lir, Trask, under article nineteen, offers the follow- ing ; Voted that the State Holding Corporation of ''ambridge,Eass. be reimbursed the sum of 'il218.35 for water pipe laid in Summit aoad in the years 1.,16, 1922 and 1926, and that the sum of v1218.35 be trans- , ferred from the Water Tiepartment Construction Account for said reim- bursement. Result of vote doubted , therefore a rising vote taken, with the following tellers and results; Yes Teller No 23 Nary 8 26 Redman 54 , 27 Norris 5 Total 76 Total 57 Uarried 10;06 L _ Selectman Mr. Trask, under article tv-enty offers indifinite f postponement , carrier unanimous 10;07 P.M. Selectman Mr. Track, under article twenty-one offers the follow- ing; Voted,thst the Board of Selectmen be authorized to install water mains, not less than six inches in diameter and subject to th-e usual guarantee, in the following streets; Allen Street from the present end in Blossom Street a distance of approximately 1400 feet; Outlook Drive from Wachusett Drive easterly a distance of aproximately 100 feet ; Harbell Street from the present end southerly a distance of approximately 190 feet ; colony Road from the ',resent end northeasterly a distance of approximately 100 feet ; Tewksbury Street from Bedford Street to Sargent St. and in Sargent St. from Tewksbury St. to Shirley Street a distance of appro imately 550 feet ; and for the purpose of said construction and installation of water mains the sum of 410, 500.00 be transferred from the Water De- artment Available Surplus Account to the Water Department Construct- ion 'Account, and further voted that the Selectmen be authorized to use any unexpended balance for other Water Construction. - rask gives explanation. Mr. Worthen ask g withdrawal until next meeting. Trask offers indifinite postponement. Unanimous 10 ;10 P.M. Selectman :dr. j:rask, under article tventy-two fifers the follow- ing; Voted that the sum of v5;‘000.00 be appropriated and assessed to complete the construction of Wood Street, the same to be done under Chapter 90 of the General Laws. Carried unanimoUs, 10;11 P.M. Selectman Mr. Trar.:k, under article twenty-five offered the following; Voted that the Town accept the relocation or alteration as a Town way of 'vinter .Dtreet, from Bedford 'street for a distance of approximately 360 feet as shown on plan dated February 13, 1933, and filed in the office of the Ton Clerk and authorize the Selectmen to acquire by purchase, eminent domaim, or otherwise for that purpose 1 20 lands or essenents or rights, therein including the right to have ! the irnd of the location protected by having the surface of adjoin- ing land slope .from the boundary of the location, end for specific repo irs on said ray, or for construction of the said wry, as so re- located or altered, the sum of Two Dollars be appropriated and assessed.. .:r._ Tresk , moved the reading be waived. unrnimous. Commonwealth of Massachusetts. Middlesex, ss . Lexington, Niass .Feby,28,33. Town of Lexington, Selectmen' s Room. At a meeting of the Board of Selectmen of the Town of Lexington, after having given due written notice of the intention of said Beard, as required by law, to relocate and lay out as a town way the way known as Winter Street from Bedford Street a distance of approx- imately 360 feet, all as hereinafter more fully appears,and after public hearing thereon hel4 this day,and no objections having been made; Now, upon consideration of the matter, it is ORDE9Fn; That this board of Selectmen is of the opinion that public necessity and convenience require that said Winter Street, from Bedford Street a distance of approximately 360 feet, be laid out and established as a public town way, and that the same hereby is laid out and established as a Public town way respectively as follows; The northwesterly line of Winter Street begins at a point in the northeasterly line of Bedford Street, said point being south- easterly of and distant 67.95 feet from an iron rod marking the northwesterly terminus of a tangent 1335.44 feet long, thence bear- ing to the left with a curve of 15.00 feet radius distant 28.86 feet to a point of tangency, thence N 350551 56 " E distant 296.67 feet to a point of curvature, thence bearing to the left with a curve of 282,55 feet radius distant 39.45 feet to a point. The/ southeasterly line of hinter Street begins at a point in thei'rnorthesterly line of Bedford Street, said point being southeast- erly of and distant 166.96 feet from an iron rod marking the north- westerly terminus of a tangent 1335,44 feet long, thence bearing to the right with a curve of 50.00 feet radius distant 60.89 feet to a point of tangency, thence N 35` 55' 56" E distant 298.06 feet to a point of curvature, thence bearing to the left with a curve of 322.55 feet radius distant 45.04 feet to a Dint. The above described lines are parallel with and distant 40-.00 feet from each other with the exception of the curved intersections with Bedford Street. Said Winter Street is hereby relocated and established as shown on a plan entitled, " Plan of Winter Street as laid out by the Board of Selectmen, Lexington, Mass .- Scale 1 inch - 40 feet , February 13,193 , John T.Cosgrove , Town Engineer, " which plan is on file in the Town Clerk's Office in said Lexington and a copy of which will be recorded with Middlesex South District Deeds with a copy of this order. And said Board having Considered the question of damages sus- tained by the owners of lands across and through which said ways have been laid out anc9bstablished as aforesaid, hereby determines that no damages are sustained and no damages are awarded, and said Board hereby declares that all acts herein are done under the pro- visions of law authorizing the assessments of betterments . Robert P Trask Theodore A Custance Board John E Gilcreast .� Charles E Ferguson of Daniel JO'Connell Selectmen 21 The acceptance of the relocation of Winter Street was carried I unanimously at 10;21 P.M. -Selectman Yr. Trask , moved to take up article 23. Moderator Mr. Molt, stated because of his interests in article 23, he would vacate his chair, appointing Francis E Burke , as Moderator Pro-Tem. Robert II Holt, offered the following motion under article 23; Voted; That the Town of Lexington in Town Meeting assembled does hereby assent to the proceedings set forth in Chapter 12 of the Lets of the Comrnonwealth of Massachusetts of the year 1933, being en- titled - " An Act A; .therizing the Dissolution of the Trustees of the Lexington Ministerial Fund and the Distribution of Its Property - and the Town Clerk is hereby directed to file a certificate of this vote with the State Secretary. Full explanation was made by Mr . Holt. Carried unanimously 10;30 P.M. Robert II holt returns to his chair as Moderator. Selectman Mr . Trask under article 26, offered the following ; Voted; that the Town set aside a parcel of land, containing approx- imately ten acres, now used for Park purposes for a Town Forest,said parcel being described as follows; A parcel of Park property known as Town Meadows bounded northwest- erly by the north branch of Vine Brook, and bounded southwesterly, southeasterly and northeasterly -by lands of Charles W. and Robert L Ryder, Trustee's of the Lexington Estates Trust. Explanations byl'r. Trask . Carried unanimously 10;35 P.M. Selectmen Mr. Trask moved meeting adjourn to April 3, 1933, at eight o'clock P.M. unanimous 10;36 P.M. A true record ; Attest; / wn /Clerk. w.,..3-.._,-; I I 22 TOWN WARRANT . Commonwealth of Mas: achusetts Middlesex , ss. To either of the Constables of the Town of Lexington, in said County, Greeting; In the name of the Commonwealth of lassachusetts, you are directed to notify the inhabitants of the Town of Lexington,qualified to vote in elections andin town affairs,to meet in the Cary Memorial Building, in said Lexington, on Monday, the third day of Apri1,1933 , at 8;00 o'clock F.M. , then and there to act on the following articles; Article 1. To see if the Town will vote to authorize the Selectmen to install sewers in t'-le following streets; Bedford Street,from Shirley Street northerly a distance of approx- imately 120 feet; Summit Road, from the present end southerly a distance of approx- imately 460 feet; Eustis Street,from the present end a distance of approximately 115 feet; and appropriate money for said sewer construction by direct appropri- ation, or by transfer from other accounts. Article2. --o see if the 'own will vote to install a trunk line sewer beginning at the Arlington -Lexington Line near Mill Brook and ex- tending to Bow Street a distance of approximately 1150 feet, and appropriate money for said sewer construction by direct appropriation Or by transfer from other accounts. Article 3. To see if the Town will vote to install_ water mains in the following streets,subject o the usual guarantee or the assessment of betterments; Allen Street,from the present end in Blossom Street a distance of approximately 1400 feet; Outlook Drive,from Wachusett Drive easterly a distance of approx- imately 100 feet; Harbell Street, from the present end southerly a distance of ap proximate ly 190 feet; Colony Road,from the present end northeasterly a distance of approimately 100 feet; Simonds Road, from the present end easterly a distance of approx- imately S50 feet; and to provide funds for said installation b4 transfer from the Water Department Available Surplus to the Water partment Construction Account. Article 4. To see if the town will vote to install water mains in Tewksbury Street from Bedford Street to Sargent Street and in Sargent Street from Tewksbury Street to Shirley Street a distance of approx- imately 550 feet, and to provide funds for said installation by transfer from the Water Department Available Surplus to the Water Department Construction Account. Article 5. To see if the Town will vote to appropriate funds for labor and material on public works to be expended by the Selectmen for the aid of unemployed citizens of the Town. Article 6. To see if the Down will vote to appropriate su-"'ficient funds to complete the sewer construction in Tewksbury , Sargent and Shirley Streets, authorized by vote of the Down Meeting,October 31, 1932, Article 7 . To see if the Town will vote to release all Town Employees from any obligation to contribute 10% of their salaries to the Un- employment Relief Fund at such time as salary reductions voted by this meeting become effective. 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 of this Warrant, with your doings thereon, to the Town Clerk,on or before the time of said meeting. ---- ----- -- ----- 23 Given under our hands , at Lexington, tris twenty-first day of March, h.D. 1933. Robert P Trask Joan H Clilcreast Selectmen Charles E Ferguson Daniel J O'Connell of John A Lyons Lexington . Constable ' s Return . March 25 . 1933. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the forgoing warrant in. Vie Post Office, in the vestibule of the Town Office Building and six other ptblic places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said mPeting. Attest; Patrick J Maguire . Constable of Lexington . ADJOURNED AND SPECIAL TOWN MEETING HELD April 3 , 1933. Meeting was called to order by Moderator Robert H Holt, at 8;02 P.M. There were 198 Town Meeting Members present. Town Clerk , James J Carroll, read the Warrant until further read- L _ ing was voted waived,after which the Constable ' s return was read. Selectman Mr . Trask moved to take 1p article five, of the unfinish- ed busiiies of the Town Meeting held March 20,1933. Undei. above article five , Mr. Houghton , Chairman of the School Committ6e offered the following motion; Voted; That the sum of $220,102.00 be apprOPriated and assessed for the support of the public schools and for _thepayment of tuition at vocational schools for the current year. Mr. rowse, Chairman of the Appropriation Committee, offers the following amendment to Mr. Houghton's motion; Voted; That the motion of Mr. Houghton' s be amended as follows ; That the sum of $2090175.78 be appropriated far the support of Public schools and payment of tuition at vocational schools. Mr. "owse 's amendment seconded by Mr . Chamberlain. Mr. Gree offers second amendment as follows; Voted; That the sum of -13212,792.00 be appropriated and assess- ed for the support of the public schools and for the payment of tuition at vocational schools for the current year. Mr . Greeley' s amendment seconded by Mr . Webster , Mr . Hutchinson moves when vote taken ,same be taken by ballot. Yoderator Holt . suggests suspension of the question of ballot until the main question was to be put. Mr. Devine asks the attitude of the Selectmen regarding the - question of reductions in salaries. ,Answered by Selectman 1 /.. Trask, the Board was unanimous in favor of fifteen per cent reduction. General discussion by several speakers. Mr. ilamlin offers suggestion five per cent be taken from each appropriation as appropriations were made. Not considered. The amendments were voted on in the following order; First; If to substitute Mr. Greeley's amendment in place of of Mr. Howse ' s amendment. tyl - 24 _ tz The following tellers were appointed with the following --..i' result ; Robinson, Redman and �'icha rd =Dowse. 1 ' Yes No 8 Robinson 33 45 Redman 57 17 R.Rowse 14 70 - 104 Declared lost 9 ;24 P .M. Second amendment as offered by Mr .Rowse to Mr. Houghton' s motia , and result, same tellers, counting; Yes No 35 Robinson 8 -- 51 Redman 55 15 R. Rowse 17 101 80 Carried 9;26 P .M. ,;uestion on main motion. Mr. Hutchinson withdraws motion to take vote by ballot 9 ;27 P.M. Dr. J J v,elsh offers motion, vote be taken by roll-call. Declared lost unanimous 9 ;27 P.M. Main motion as put for X209,175.78 . Yes No 36 Robinson 3 57 =Dedman 26 20 R. dowse 8 113 37 Carried 9 ;29 P.M. Mr. `Trask Under article five, Selectmen/offered the following ,which were all carried unanimously; ll For the expenses of the Pppropriation Committee 125.00 For the salaries and expenses of the Selectmen' s Dept. 3, 671:30 For the salary and expenses of the sown S c countant 3,075.00 For the salary and expenses of the Town Treasurer 1, 205.00 For the salary and expenses of the Collector 5,072.50 For the salary and expenses of the Board of Assessors 5, 360.00 For legal services 2,425.00 For salary and expenses of the Town Clerk 1,840.00 For salary and expenses of the Supt. of Public Works 4, 50U.00 For elections and registrations 1,050.00 - For the expenses of the Town Office Bldg,& Cary Mem.Bldg 8,260.00 For the salaries and expenses of the Engineering Dept. 10, 300.000 For the expenses of the Planning Board 250.00 For the expenses of the Board of Appeals 225.00 For the salaries and expenses of the Police Dept. 31,900.00 Also voted that the Selectmen be authorized to sell the Police Department Automobile For the salaries •-nd expenses of the Fire Dept. 35, 950.00 For hydrant rentals 7,455.00 For the Salary and expenses -of the Building Inspector 1, 250.00 For the salary and expenses of the hire Inspector 550.00 For the salary and expenses of the sealer of Weights and Measures 475.00 For to protection of public shade trees and for the planting of shade trees 500.00 , _ For the expense of forest fires 700.00 For the salrry of the Dog. Officer 50.00 For the maintenrnce of public health rndsanitt tion 9, 200.00 • For the expenses of the Dental Clinic 1,625.00 For vital statistics 50.00 For the salary of the Inspector of Animals 500.00 For the salary of the Inspector of Slaughtering 6u0.00 For the ,salary and expenses of the Plumbing Inspector 925.00 For the expenses of the Sever Maintenance Department 6, 190.00 For the removal of ashes and care of dumps 2, 200.00 For the expense of collecting garbage 4,450.00 For the salary of the Town Physician 500.00 For the maintenance and care of hibhways 42,820.00 For the construction and repair of street signs 150.00 25 For the construction of sidewalks of granolithic where the abuttors will pay one- half the expense 1, 200.00 For the expense of removal of snow And ice 7, 000.00 For the expense of street lights 21,500.00 For the expense and operation of the Publicorks Lldg. 4,870.00 For the expenses of Traffic ieguletion and Control 1,400.00 For the expense of the Public Vvelfare Dept. 30, 000.00 For Soldier' s Belief 2, 500.00 .or State did 300.00 For Soldier' Burial 100.u0 F or Military .did 100.00 For the su sport of the Libraries 11,048 .50 For the maintenance of Public Parks & Playgroups 9,875.80 For the expenses of the April 19th. Celebration 250.Ou For the proper observance of Memoriel Day, to be expended under the direction of Post 119 of the Grand Army of the Republic 250.00 For Insurance 7,000.00 For the expense of printing and publishing the Town _Leporj- 660.03 For Unclassifiedpenses 200.00 For 7/eter Maintenance Account 63,920.00 and that the amount of recei is in excdss of this a_propriation be reserved to be appropriated for deter :Department purposes. For the maintenance and develDpment of _..unroe Cemetery 1, 800.00 For the maintenance and development of Westview Cemetery 1, 000.00 For the payment of interest on the public debt 37,100.00 end the sum of X10,158.75 to be transferred irom kya ter Maintenance Account, (447, 258.75) For the payment of bonded indebtednesE maturing in 1933 the sum of 125, 000.00 For the administration of Trust Funds - 65.00 Under article 14, unfinished business of '. own igeeting held March 20, 1933, Selectman t.r . irssk offered the following motion; Voted that the sum of 41,804.87 be transferred to the Cary Library Account the same being the stem received from the Middlesex County for dog fees. Unanimous 9 ;52 P.M. L: uestion by selectman Mr. Trask if any report to be made under article 24, of unfinished business, Town Meeting held March 20,1933. nsTered no report to be made, therefore move for indefinite post- ponement , Indefinitely postponed carr*d unanimous 9 ;54 Under article 27 of unfinished business of Town Meeting held March 20, 1933, Selectman Mr. Trssk moved for indefinite postponement,which was carried unanimously 9 ;56 P.M. Selectman Mr . Trask moved to take up -rt?cle 28 Of unfinished business of Town Meeting held March 20, 1933, Francis y Burke, offering the following motion; Voted; That the Town amend the Lexington Zoning By-Law and nap by changing from an R -1 to a 0-1 district the following described parcel of land ; rr A Triangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Luoburn Street distant 320.22 feet, and on the northv est by the Boston and Lowell Corp. right of way distant 317.40 feet, containing about 27,994 square feet t'. Mr. Burke offered his reasons why change should be made. Mr. d H Duffy , Chai=n of the Planning Board offered the follow- ing report; - - Acting on the petition of Daniel JO' Connell to amend the Lexington toning By-Laws by changing the triangular parcel of land bounded by Fletcher Avenue, . 6oburn Street and the right-of-way of the Boston and Lowell Railroad Oorp. from anR.1 district to a C.1 district, the Planning ' Board in accordance with the provisions of the 4oning By-Law has held a duly advertised hearing,and after consideration, nowreports to the Town. The Planning Board has twice previously considered requests for substantially this sane change, end upon its adverse reports the Town has twice refused to approve it.Upon this its third consideration of the matter, the Planning Board has again unanimously voted to recommend to the Town that this change be not approved at this time . 26 ci It does not appear that the fundamental conditions : ct-� —,_ ing the matter have in any materi�-1 e egree changed since it was�cffn= sidered by the `Town. The opposition of the Planning Board to the proposed change is,as formerly, based primarily upom a firm belief that the area already provided for business use is ample, not only for all present needs but for the needs of many years to come,and that to enlarge the area will necessarily lead to a deprecation in value of existing business areas and a progressive deterioration of nearby res- idential properties. Beyond this primary considerrtion, which involves a principle of- far-reaching importance affecting the future development of the Town with respect to its business areas, the Planning Bo'-rd is moved by other and mote immediate considerations to recommend that the Town at least defer committing itself to s change at this time. Among these are the following; (U The yJetitioner has indicated that he has in mind request- ing the withdra;--a.l of certain lands on the southerly side of Bass- achusetts 'venue from Winthrop Rod to the Baptist Church from the Business or 0.1 district to an R.1 or residence district and further that he would favor the withdrawal of the land from the Town Buildings to Fletcher Avenue from the C.1 district to an R.1 district.Such changes, the Planning Board feels, deserve the serious considefation of the T'own.and should be carefully explored and acted upon before any newarea immediately adjacent is set apart for business use. 21 The Russell House ;property involving an important tract of land adjacent to Town property is now in the market and its future development is uncertain. Being important in its influence on general town development the future of this area should not be prejudiced at this time by a change in the status of the property involved in this petition. The Planning Board recognizes the improvements that the petitioner has made in the property. and the apparent fact that the land cannot be turned to as great profit for the owner through res- idential use as through business use, but would again point out that the land was acquired by the owner while it was in a residential zone with no indication on the part of the Town that its status was to be ._. changed. Respecting the specific business use indicated for this area , should it be changed to a business area, the Planning Board is of the opinion that n filling station would introduce added' compiiea- tions and dangers to both highway and sidewalk traffic.Seeing no public necessity with respect to this special use at this location, the -Board notes the growing demand in neighboring municipalities to exclude such uses from areas- in proximity to churches, schools, and public buildings. Respecting the inducements offered in the way of new assessable values, the Board is inclined to discount these con- siderahly in view of the broader considerations and to contemPlate the probability of eventual depreciation of the value of merc-ntile build- ixgs in this area owing to its peculiar location. The planning Bo,rd recognizes the desire of residents of the -leacher avenue and woburn Street districts for improved street con- ditions and convenient neighborhood stores,but it Should be noted that Fletcher Avenue is now an unaccepted street and that a busines area suitable for neighborhood stores is already provided on Woburn Street east of the railroad , The furure extension of Sherman Street to Woburn ,treet with general rearrangements and improvements including the possible discontinuance of Fletcher Avenue from the Railroad to -.la:_sachusetts I.venue are seen as developments indicating the desir- ability of deferring any change in the status of the area involved in the present petition. The P lan _irg Board oard regfds this triangular area,, just off the principal avenue between two streets and railroad, and between two areas in wish the Town itself has 11677 . -investments, as being of peculiar strategic importance. Changes such as might be involved in the elimination of the oburn Street grade crossing, or the rela.yout of Woburn Street as a part of a major state highway development suggest that heavy charges for damages might well fall on the Town if this area, were to be built upon for business purposes. 27 :or these 7-arsons the Town should surely maint- in at this point the imitation of the business area as originally contemplated when the boning By-Law was passed. The Planning Board again urges that the Town make no change at this time in the status of the particular area covered by the petition. J Henry Duffy. 0 Edward Glynn. Edward W D Milne. Sheldon Robinson. E Schiebe. April 3 , 1933. Petitioner D J O' Connell speaks,being aided by views from more- , - - ing picture slides. uestions asked and answered by various speakers. Iwo thirds vote being reolired the appointed tellers made the following returns ; Yes Eo 22 Robinson 13 68 Redman 27 14 R, Rowse 20 104 60 Being under two-thirds petition to change wes declared lost 10 ;45 P.M. Under article 29 . Under article 29 of unfinished business of =own Meeting fk,eld March 20, 1933. Selectman Mr . Trask offered indefinite postponement. Carried unanimous 10;46 Under article 30 of unfinished business of Town Meeting held March 20, 1953. Selectman Mr. Tr' sk.offered infinite postponement . Carried unanimous 10 ;47P, M. Under article 1 Selectman Mr. J.:resk offered the following in four separate votes ;Voted that the Selectmen be authorized to install a sewer in eford Street, from Shirley Street northerly a distance of approx- imately 120 feet ; carried unanimously 10 ;48 P.M. Voted; that the Selectmee authorized to install a dewer in Sum- mit Road, from the present end southerly a distance of approximately 460 feet ; carried unanimously 10;49 P.M. Voted , that the Selectmen be authorized to install a sewer in Eustis btreet,from the present end a distance of approximately 115 feet‘ carried unanimously 10 ;50 and for the i_urpose of said constnuction and installation of sewers the sum of w2100 be appropriated and assessed and 42600 be transferred from the Sewer Assessment -d'und to the Sewer Construction account. carried unanimously 10;55 P,,m. At this time Francis E Burke,appearing in favor of Daniel J 08Conne 11 made it known , he was abgying for reconsiderion of article 28,which had been acted upon at this, -teeting, also, tat same vow being applied for within the prescribed time. Moderator lir. Holt in Quires from lown Clerk at what time article 28 was passed. Reply by Town Clerk at 10445 P.M. Under article 6 Selectm-n Mr. Trask offered the following; Voted that the sum of 4(10,000 be appropriated and assessed to com- plete the construction and installation of sewers in Tewksbury,Sargent and Shirley Streets, authorized by vote of the Town Meeting, October 31, 1933. carried unanimously 11;03 P.M. Under article 2 Selectman Mr. Trask offered the following; Voted that the Selectmen be authorized to install a trunk line sewer beginning at the Arlington-Lexington Line near Mill Brook and ex- tending to Bow Street a distance of approximately 1150 fet, and for the purpose of said construction and installation the sum of 48000 be appro- priated and assessed. carried unanimously 11;10 M. 28 Under ^rticle 3 Selectman lir. Trask offered the following in sig parts; Voted thrt the Board of Selectmen be authorized to install water mains, not less than six inches in diameter and subject to the usual gurantee or the assessment of betterments in the following streets; _.Allen Street from the present end in Blossom Street a distance of approximately 1400 feet ; Mr.Lamont moved for indefinite postponement of this part of the article , which was carried unanimously 11;11 . i. Outlook Drive from Wachusett Drive easterly a. distance of approx- imately 100 feet ; carried unanimously 11;12 - .M. ,� Harbell Street from the present end southerly a distance of 190 feet ; carried unanimously 11;13 P.M. Colony Road from the present end northea.tt erly a distance of a proximately 100 feet ; carried unanimously 11;13 P.M. Simonds Road, from the present end easterly a distance of app- roximately 350 feet ; carried unanimously 11;14 P.M. and for the purpose of said construction and installation of water mains the sum of iP6000 be transferred from the Water Department Available Surplus .Account to the Water Department Construction Account, carried unanimously 11;15 P.M. and further voted that the Selectmen be authorized to use any unexpehd- ed balance for other Water Construction subject to the usual gurantee or the assessment of betterments. carried unanimously 11; 16 PAM. Under article 4, Selectman Mr. Trask offered the following; Voted that the Selectmen be authorized to install water mains in Tewksbury Street from Bedford Street to Sargent Street and in Sar- , gent Street from Tewksbury Street to Shirley Street a distance of app- roximately 550 feet, and for the purpose of said construction and installation the sum of X1000 be transferred from Water Department Available Sur,lus Account to the Water Department Construction Account. I] , carried unanimously 11;19 P.M. Under article 5, Selectman Mr. Trask offered the following; Voted that the sum of *13,000 be appropriated and assessed for labor and material on public works to be expended by the Selectmen for the aid of unemployed citizens of the Town. carried unanimously 11;20 P.M. Under article 7, Selectman Mr. Trask offered the following ; Voted that after July 1st. 1933, the Town Employees be released from any obligation to contribute 10 `/o of their salaries to the Un- employment Relief Fund as voted by the Town on October 31, 1932. Y:uestion by 'Thomas Fitzgerald if the agreement made by the Town -mployees was a contract, and if same be withdrawn. Referred to the Town Counsel, with the reply , same was not a contract and could be withdrawn at any time. Above motion was put and carried unanimously 11;25 P.M. Motion to adjourn was made by Francis Chamberlain carried unanimously 11;27 P.M. A true record, attest ; - 7-Th / 4f 41. own /Clerk. 29 TOWN WARRANT Coronwealth 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 inliabitants of the Town of Lexington, qualified to vote in elections and in town affairs, to meet in their respective voting places in said town, (PRECINCT ONE EMERSON HALL : PRECINCT TWO, THREE .TD FOUR, CARY MEMORIAL HALL) , ON TUESDAY, THE THIRTEENTH DAY OF JUNE, A. D., at two o' clock P. M., for the following purposes: To bring in their votes to the Election Officers for the Election of Delegates to a Constitutional Convention called tb Ratify or Reject the Following Amendment to the Constitution of the United States, proposed by Joint Resolution of Congress: Text of the Proposed Amendment : "Section 1. The eighteenth article of amendment to the Constit- ution of the United States is hereby repealed." "Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." "Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constit- ution, within seven years from the date of the submission hereof to the States by the Congress." And to vote on the following question: "Shall licenses be granted in this town for the sale therein of wines and malt beverages?" , The polls will be open from two o' clock P . M. until eight o' clock P. M. 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 of 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-ninth day of May, A. D. 1933. Robert PA Trask S1=;LECTMEN Charles E. Ferguson John E. Gilcreast OF A true copy, attest ; Daniel J. O' Connell John. A. Lyons LEXINGTON Patrick J. Maguire Constable of Lexington Constable ' s Return. dune 6,1933. To The Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest; Patrick J Maguire Constable of Lexington II vaah SPECIAL STATE ELECTION . JUNE 13, 1933. The following election ogficers had been appointed by the Selectmen aNd were assigned to duty at the Town Precincts as follows; Precinct One. Precinct Two. Charles J Dailey Warden Irving B Pierce Mary A Rowland Dep.Warden Ezra F Breed Bartlett J Harrington Inspector Victor Harmon Georp:e E Foster Inspector Randall Richards Alfred Hayward Dep.Inspector George V Morse — Donald Cameron Dep.Inspector Madeline J Corbett Roland E Garmon Clerk John H Dacey Arthur W Hughes Dep.Clerk. Frederick Connor Precinct Three. Precinct Four. Frederick H Tullar Warden Morton G Hopkin Esther P Graham Dep.Warden Howard Custance James M Ahearn Inspector Harry Frost Charles E Moloy Jr. Inspector Katherine Kiernan Emma Hovey Dep.Inspector Irene Robinson John Sweeney Dep.Inspector James L McKenzie Clerk Frank I-aguire Samuel W Wellington Dep. Clerk Margaret Kennedy The polls were declared open in each Precinct at two o'clock P.M. and remained open until eight o'clock P.M. at which time after due notice they were declared closed. The election officers were sworn to the faithful per- formance of their duties. The total number of registered voters in each precinct as follows; Precinct One Twelve hundred ninety-four (1294) Precinct Two Twelve hundred forty-five (1245) Precinct Three Twelve hundred thirty-five (1235) Precinct Four Twelve hundred forty-one (1241) Total Fifty hundred fifteen 5015 The ballots were counted by the election officers in each Precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The ballots cast were counted,enclosed in envelopes sealed, signed by the election officers, together with the un- used ballots, and delivered to the Town Clerk at his office. The Town Clerk and the members of the Board of Registrars canvassed the results as follows; Precinct One- Total number of votes cast four hundred five(405) J Opposed. Clara in Burnes 72 Fannie A Sanderson 67 Whitfield L Tuck 68 �.. In Favor J Frank Facey 304 Judson Hannigan 301 Elphege A Phaneuf 296 Blanks 107 1215 License "YES " 317 License It No tr 84 Blanks 4 405 — -- - - - -- - - J 31 Precinct Two-Total number of votes cast-four hundred thirty-eight (438) Opposed. Clara M Burnes 105 Fannie A Sanderson 106 Whitfield L Tuck 105 1 In Favor. License " YES "' 313 J Frank Facey 321 Judson Hannigan 318 License "No" 121 Elphege A Phaneuf 320 Blanks 4 Blanks 39 ---- --- 438 1314 Precinct Three-Total number votes cast-foub hundred thirteen(413) Opposed. Clara N Burnes 93 Fannie A Sanderson 91 Whitfield L Tuck 90 In Favor. License "-`,7S " 294 J Frank Facey 303 Judson Hannigan 304 License t° NO " 109 Elphege A Phaneuf 300 Blanks 10 Blanks 58 413 1239 Precinct Four-Total number votes cast-Three hundred. sixty-eight(368) Opposed. Clara M Burnes 89 Fannie A Sanderson 87 Whitfield L Tuck 83 '; In Favor. License it YES " 263 J Frank Facey 268 Judson Hannigan 264 License " No " 97 Elphege Phaneuf 259 Blanks 8 1 Blanks 54 368 1104 Total numbers votes cast wach precinct. Precinct One -Four hundred five (405) Precinct Two-Four hundred thirty-eight (438) Precinct Three-Four hundred thirteen (413) Precinct Four-Three hundred sixty-eight (368) Sixteen hundred twenty-four 1624 II A true record, ATTEST; /own, Clerk. , 4 'I� 32 TO73' y'IARRA`TT COMEONWn4ALTH OF MASSACHUSETTS MIDDIES 4X, 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 the Cary Memorial Building, in said Lexington, on Monday, the ninetbenth day of June, 1933, at 8 :00 o' clock P. M., then and there to act on the following articles: Article 1. To receive the report of any Board of Town Officers or of any committee of the Town, and to appoint other committees. Article 2. To see if the Town will accept the report of the Committee on the Revision of the Plumbing By-Laws of the Town, appointed October 31, 1932, adopt the by-laws on Plumbing and Gas Piping, and appropriate and assess money for the printing and publishing of said by-laws. Article 3. To see if the Town will vote to rescind the appropriation of $2107.81 for fire pensions passed at the annual Town Meeting, March 20, 1933, and appropriate and assess the sum of $1107.81 for said account. Article 4. To see if the Town will vote to rescind the vote passed at the Town Meeting, April 3, 1933, authorizing the installation of a sewer in Bedford Street, from Shirley Street northerly a distance of approximately 12.0 feet . Article 5. To see if the Town will authorize the Selectmen to install sewers in the following streets : Bedford Street, from Tewksbury Street northerly a distance of approximately 120 feet ; Pinewood street, from Summit Road northwesterly a distance of approximately 241 feet ; Cherry Street from Taft Avenue northerly a distance of approximately 180 feet ; Cary Street from Taft Avenue northerly a distance of approximately 270 feet ; 33 Taft Avenue from Mass. Avenue toward. Charles Street a distance o± approximately 1050 feet ; and appropriate money for said sewer constraction by direct appropriation or by transfer from other accounts. Article 6 . To see if the Town will vote to acquire from Sam Lippa of LeXington, Mass. his rights in water pipe laid in Pottier Avenue in L _ the year 1921 and pay him the sum of 392.54 therefor and to provide funds for same by direct appropriation or by trans'fer from other accounts. Article 7. To see if the Town will vote to establish a Water Construct- ion Available Surplus Account . Article S. To see if the Town will vote to install water mains in the following imaccepted streets, subject to the usual guarantee or the the assessment of betterments and to take by eminent domain the necessary easement therefor : Taft Avenue from Mass. Avenue toward Charles Street a distance of approximately 1050 feet : Cherry Street from Taft Avenue northerly a distance of approximately L 180 feet ; Cary Street from Taft Avenue northerly a distance of approximately 270 feet; Gleason Road from North Hancock Street to Dee Road, a distance of approximately 500 feet ; Pine Knoll Road running parallel with the Bedford Town Line in a northerly direction, a distance of approximately 1520 feet ; and provide funds for said installation by direct appropriation and by transfer from Water Department Available Surplus Account , also to provide funds for other emergency construction. Article 9. To see if the Town will vote to replace the four inch water - L water main in Bedford Street with a six inch main from Westview Street in a northerly direction a distance of approximately 1500 feet, and provide funds for said replacement by direct appropriation. Article 10. To see if the Town will vote to fix the salaries of the Town Clerk, Town Treasurer and Tax Collector to conform to the vote oK/ an salary reductions passed. March 20, 1933, at the Town Meeting. 34 Article 11. To see if the Torn will vote to amend the Zoning By-law and Zoning Map by changing from a 0.1 District to an M.1 District the following described parcel of land owned by Robert L. Innis and Dougal McLennan; Beginning at a point in the southeasterly line of Grant Street, said point being northeasterly and distant about 158 feet from the northeasterly exterior line of Massachusetts Avenue, thence north- _ easterly by said line of Grant Street distant 142.7 feet, thence southeasterly by land of Boston and Lowell Railroad Corporation --- distant 139.4 feet , thence southwesterly by land of Town of Lexington distant 138.5 feet, thence northwesterly by land of Caroline A. Harrington distant 140 feet to point of beginning. Article 12. To see if the Town will authorize the necessary convey- ances to straighten the boundary line of the East Lexington Playground and for that purpose will authorize the Selectmen to convey to Charles --J R. Joy parcels 1 and 3 an a "Plan Showing Relocation of Playground Property Line, Lexington, Massachusetts, May 1, 1933, John T . Cosgrove, Town Engineer" on file in the office of the Town Clerk, in consideration of the conveyance to the town by the said Joy of parcel 2 on the said plan, the said land to be conveyed by the town being part of the premises heretofore taken by eminent domain by the town from the estate of Ellen Stone, the officer in charge thereof having notified the Selectmen that in his opinion such land is no longer required for public purposes, or act in any manner relating thereto. Article 13. To see if the Town will accept from Charles R. Joy a conveyance of land described as parcel 2 on a "Plan Showing Relocation of Playground Property Line, Lexington, Massachusetts, May 1, 1933, John T. Cosgrove, Toyer. Engineer" on file in the office of the Town Clerk, or act in any manner relating thereto. Article 14. To see if the Town will vote to appropriate and assess the sum of $1500. for the foreclosure and redemption of Tax Titles held by the Town. Article 15. To see if the Town will vote upon petition of Daniel J. O'Connell to amend the Lexington Zoning By-Law and map by changing from an R.1 District to a C. 1 District the following described parcel of lanai A triangular parcel of land bounded on the northwest by Fletcher Avenue distant 18 3.9 0 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corporation right of way distant 317.40 feet, containing about 27,994 square feet . Article 16. To see if the Town will vote to amend the Code of :5 By-Laws of 1922 by adding at the end of Article VI the Following: "Section 8 . Any board or officer in charge of a department may, with the approval of the Selectmen, sell any personal property or material purchased for that department but no longer required by it and not exceeding three hundred dollars in value .tr Article 17. To see if the Town will vote to appropriate and assess additional funds for the Welfare Department. 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 T owrn. Hereof, fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk, on or before the tine of said meeting. Given under our hands, at Lexington, this twenty-ninth day of May, A. D. 1933. Robert P. Trask. ) SELECT L T John E. Gilcreast. ) Charles E. Ferguson. ) OF Daniel J. O' Connell. ) John A. Lyons. ) LEXINGTON. CONSTABLE' S RETURN June 6, 1933. To the Town Clerk; I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office , in tiie vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town thirteen days before the time of said meeting. Attest; Patrick J Maguire Constable of Lexington . 36 June 19, 1933. Special Meeting of Town Meeting Members of Precinct Two for the purpose of electing a Town Meeting Member to complete the unexpired term of the of the late Clarence H Cutler,vacancy caused by death ,expiration of term, 1936. All Town Meting Members of Precinct Two were notified by the Town Clerk of the time and meeting place for said election. The meting was called to order by the Town Clerk mat at 7;45 o'clock P.M. Estabrook Hall. There were twenty-nine Town Meeting Members present from Precinct Two. William R Greeley was duly nominated, seconded and elected to serve as Chairman of the Meeting. James J Carroll was duly nominated, seconded and elected to serve as Clerk of the meeting. The following names were offered for election; William G Potter uvalnut Street. Alfred L Short - Waltham Street, Clyde E Steeves 50 Hilltop Ave. The following tellers were appointed by the Chairman, Dana Wrightington and Charles E Ferguson. Ballots were distributed for voting , with the results as follows; William G Potter received fourteen votes. Alfred L Short received six votes. Clyde E Steeves received six votes. William G Potter' was declared as being duly elected as a Town Meeting Member of Precinct Two. Motion was made and seconded to disolve the meeting at eight o'cicb.ck P.M. ._.. A Truerecord; nee , Attest; ) T.wn C. -rk. June 20, 1933. To the Town Clerk; As per your notification of my election as a Town Meeting Member of Precinct Two of June 19, 1933, I here- by accept said election. William G Potter. r J 37 SPECIAL TOWN MEE_CING JUNE 19, 1933. The meeting was called to order by the Moderator Robert H Holt, at 8;12 P.M. , with 110 Town Meeting Members present. Town Clerk, James J Carroll, proceeded with reading of the warrant, until further reading of same was waived. Selectman Mr. Trask under article 1 offered the following; Voted; That a Committee of three be appointed, by the Moderator, one of which. -shall be the Moderator, to arrange a series of lectures as provided bar the wills of Eliza Cary Farnham and Suse° Cary. Carried unanimously 8;13 P.M. Under articl'l, the following report was offered by Mr.Rowse, Chairman of The Appropriation Committee; The Appropriation Committee submits its report covering the follow- ing Articles in the Town Warrant for the meeting on Monday,June 19,1933. at 8 o 'Clock P.M. Article 2 . Approved $253.00 Article 3 . Approved 1107.81 - Article 5 . Approved. To be transferred from Sewer Assessment Account to Sewer Construction Account 475.00 Article 6 . Approved. To be transferred from Water Department Available Surplus Account 392.54 Article 7 . Approved Article 8 . Approved 1200.00 To be appropriated and assessed and $3150. to be transferred from the Water Department Available Surplus Account. The above amounts cover Gleason Road from No.Hancock Street to Dee Road a distance of approximately 500 feet, and Pine Knoll Road running parallel with the Bedford Town Line ii a northerly direction a distance of approximately 1520, feet, and $800. to be appropriated and assessed for installation in other streets where -- emergency construction becomes necessary. Article 10. Approved Town Clerk' s salary $1615.00 Town Treasurer' s salary b65.00 Collector of Taxes 1942.50 Article 14. Approved 1500.00 Article 17. Approved 10,000.00 Approved for Committee, A E Rowse Jr,Chman. Mr. Lamont makes motion which was seconded, that report of the Appropriation Committee be accepted. Unanimous 8;16 P.M. Selectman Mr. Trask moves to take up article 2. Under Article 2, Selectman Mr. Ferguson, states , the Committee appointed October 31, 1932, for the Revision of the Plumbing By- Laws of the Town were ready to present their report. Selectman Mr . Trask moves that article two be presented in three parts, (First) ,Voted that the Town accept the report of the Committee on the Revision of the Plumbing By-Laws of the Town, appointed October 31,1932. unanlus 8;20 P.M. ( Second) oted,further that the Plumbing By-Laws as presented by said Committee he and the same hereby are adopted by the Town. uestlon by Mr. W rt Greeley if said By-Lais could not be read. Reply same we-'e very lengthy , which would coNsw4e consider- able time. Discussion regarding printing and publishing of same. Suggestion by Mr.CE Badley, that the reading of same be post- poned until after such time, that said By-Laws had been published whereby all interested in the Town would have had an opportunity to consider them. ( Third) voted, that the sum of $253.00 be appropriated and assessed for the purpose of printing and publishing said By-Laws . Third part only unanimous 8;25 P.M. Selectman Mr. Trask moved to take up article , in two parts qs follows; Voted - that the vote passed at the annual Town Meeting , �► March 20,1933, appropriating ' 2,1O7.81 for fire pensions be rescinded, carried unanimous 8;26 P.M. and further voted that the sum of let,107.al be appropriated and assess- ed for the fire pensions account. carried unanimous 8;26 P.M. Under article 4, Selectman Kr. Zrask offered the following vote; Voted that the vote passed at the Town Meeting April 3, 1933, authorizing the installation of a sewer in Bedford Street, from Shirley Street northerly a distance of approximately 120 feet, be rescinded. carried unanimous. 8;27 P.M. Selectman Mr. Trask moved to take up article 5, offering the following motion; Voted that the Selectmen be authorized to install __.. a sewer- in Bedford Street,from Tewksbury Street northerly a distance of approximately 120 feet, carried unanimous 8;28 P.M. and Voted that the Selectmen be authorized to install a sewer in Pinewood Streett from Summit Road northwesterly a distance of approximately 241 feet; and for the purpose of said- installation $475. be transferred from the sewer assessment account to the sewer construc- tion account. carried unanimous 8;29 P.N. Selectman Mr. Trask moved to take up article 6, offering the following; Voted that Sam Lippa of Lexington, Mass. be reimbursed the sum of $392,54 for his rights in water pipe laid. in Fottler Avenue in the year 1921 and that the sum of 4392.54 be transferred from the Water Department Available Surplus Account for said reimbursement. \,4 carried unan imou, 8;31 P.M. Selectman Mr. Trask moved to take up article 7, offering the following;Voted that the Selectmen be authorized to establish a new account to be called Water Department Construction Assessments to which will be credited the receipts from assessments for water depart- ment construction where betterments are charged. carried unanimous 8;35 P.M. SelecLman Mr . Trask moved to take up article 8, offering the following; Voted that the Board of Selectmen be authorized to install water mains, not less than six inches in diameter and subject to the usual guarantee or the assessment of betterments, and to take by eminent domain the necessary easement therefor in the following streets ; Gleason Road from North Hancock Street to Dee Road a distance of approx- imately 500 feet and for the purpose of said construction and install- tion of water mains the sum of $1200 . be appropriated and assessed, carried unanimous 8;39 P.P . and further voted; Pine Moll Road running parallel with the Bedford Town Line in a northerly direction, a distance of approximately 1520 feet;and the sum of $3,150 he transferred from the Water Depart- ment Available Surplus Account,and further voted that the S lectmen be authorized and empowered to- install water mains in other streets where emergency construction becomes necessary and for that purpose the sum of $800. is hereby appropriated and assessed. Declared c'arried 8;41 P.M. Above decision doubted, Moderator asking doubters to raise hands, enough having raised their hands to warrant a rising vote, the Moderator , appointing the following tellers for counting; In favor Opposed 19 Dr. Walsh 4 33 Mr. Merriam 17 16 Mr.H Webster 2 68 23 Carried 8.43 P.M. The part concerning the X800.' to be appropriated and assess- ed , was carried unanimous at 8;45 P.M. Selectman Mr. Trask moved to take up article 9, at the same \, time asking for indefinite postponement of this article , which was carried unanimously at 8;46 P.M. Selectman Mr. Trask moved to 'Wake up article 10, offering the following; Voted that the following salaries be fixed to conform with the vote on salary reductidns passed March 20,1933, at the Town Meet- ing as follows; 39 Town Clerk, salary X1615.00 Town Treasurer, salary 665.00 Collector of Taxes salary 1942.50 carried unanimous 8;47 P.M. Selectman Mr . Trask moves to take up article 11. The following vote was offered by Francis E Burke; Voted that the Zoning By-Law and Zoing Map of the Town of Lex- ington be amended by changing from a C.l District to an M.1 -District the following described parcel of land owned by Robert L Innis and Dougal McLennan, namely; Beginning at a point in the southeasterly line of Grant Street, -- said point being northeasterly and distant about 158 feet from the northeasterly exterior line of Massachusetts Avenue, thence north- easterly by said line of Graht Street distant 142.7 feet, thence southeasterly by land of Boston and Lowell Railroad Corporation dis- tant 139.4 feet, thence southwesterly by land of Town of Lexington distant 138.5 feet, thence northwesterly by land, of Caroline A Harrington distant 140 feet to point of beginning. Explahations and reasons given by Mr. Burke why change should be made. J.Henry Duffy , Chairman of The Planning Board offered and read the following report; In the matter of the Petition of t' e A G Davis Ice Company (Robert L Innis ) asking that the Zoning Law be amended so that the status of the land of the Company on the southeasterly sideaof Grant ,Street,abiitting lands of the Boston and --iaine- Railroad,�lown of Lex- ington, and Caroline A Harrington may be changed from a C-1 to an M-1 District, the Planning Board as required by law held a hearing in the Selectmen' s Room, June 5-1933, and reports to the town as follows ; The petitioner stated at the hearing that in the event the town votes to change the status of this parcel of land from a C-1 or business district to an B-1 or manufacturing district, he purposes building an artificial ice making plant with an initial daily capacity of 25 tons, with accomodations capable of materially increasing this capacity should the circumstances require it. The plans presented by the petitioner contemplate the removal of the- present wooden buildings and the erection of a brick building abutting Crant Street to accomodate the ice making machinery and various storage and loading areas. Mr. Innis stated at the hearing that he was a citizen of Billerica where he conducts an ice business similar to that in Lex- ington on Grant Street, where natural ice is hauled from the railroad to the premises, stored, reloaded on trucks and distributed to the trade. Under the plan proposed, artificial ice would be manufactured by the mechanical conversion by compression of a large quantity of amonia, a colorless, pungent, suffocating gas, and then its reconversion- in recurring cycles of compression and expansion until consumed in the process.In the main!', t_ e machinery would be operated by electricity. While under the Plans Presented modern methods would be em- ployed and recognized safeguards adopted to guard against the escape of the noxious gas developed in the process, the industry is regarded by the courts as of the so-called heavy" industry and under our present zoning law the Board doubts as to whether, should the town vote to change the area from a C-1 to an M-1 district, the business of artificial ice manufacturing could be lawfully conducted therein, since in M-1 Districts light manufacturing only may be conducted. Wholly apart fromthis, should the town act favorably upon the petition, there would be created in this centrally located parcel of re- latively small area a district in which there would be Permitted any of the uses customarily allowed in M_-1 Districts. The town has already established two relatively large districts for manufacturing, one located in East Lexington abutting the railroad r- on the northeast side and extendingg a considerable distance towards the centre of the town the other being in North Lexington adjoining the railroad on the northeast side near Westview Street. The Board understands from the statements of the petitioner that the elements of haulage are not serious factors in the conduct of the -artificial ice business 'and would infer that the location of a plant in either of the .;anufacturing districts now established introduces no serious objections in so far as the factor of distance is concerned. In view of all the circumstances , the Board is of the opinion and so recommends to the town that the petition be not granted,chiefly for the following reasons; 1- The granting of petitions -amending the Zoning Laws so as to permit in isolated areas of relatively small extent,uses separate and distinct from those in adjoining areas will in ti'e long run develop into "Spot" zoning, resulting in the ultimate instability of and de- preciation of property values. 2. The M-1, or manufacturing districts already established and at present not used for these purposes are, in the opinion of the Board, of ample size and conveniently located for enterprises of this charact- er to accommodate the needs of the town for many years and for these reasons we do not favor the creation of other districts of similar character. Respectfully submitted; , J. Henry Duffy Wm._ Milne Edward W Kimball C.E. Glynn June 19-1933. Sheldon A Robinson. Mr . Burke ' s motion as presented was placed before the meeting, the following tellers having been appointed by the Moderator for count- ing with the following result; In favor . Opposed. 10 Schofield 8 27 Merriam 25 8 Webster 14 45 47 Declared lost 8;58 P.M. Selectman Mr . Trask moves to take up article 12, offering the following; Voted that the town convey to Charles R Joy, in consider- ation of the simultaneous conveyance by him to the town of parcel No.2 on the Plan hereinafter referred to, the following described parcels of land in that part of Lexington known as East Lexington and bounded and described as follows; Parcel No 1. Beginning at a stone bound near Sickle Brook thence northwesterly distant al.00 feet to a stone bound, thence northwester- ly distant 136.00 feet to a stone bound, thence northwesterly distant 30.00 feet to a stone bound, thence northwesterly distant 52 .80 feet to a stone bound, thence northwesterly distant 40.30 feet to a point, thence southeasterly by two- Bourses distant about 267 feet to a point, thence southwesterly distant about 4 feet to the point of be- ginning, containing about 864 square feet. Parcel No. . 3eginninn at a stone postsaid stone post being ,J 105.01 feet nor 'easterly of the northeasterly line of Massachusetts Avenue, thence northeasterly distant 23050 feet to a point, thence southeasterly distant 22.80 feet to a point, thence northeasterly distant about 13 feet to a point, thence northwesterly distant about 31 feet to a point, thence southwesterly distant 29.35 feet to the point of beginning, containing about 534 square feet. The said two parcels are shown as Parcel No.1 and Parcel No.3 on a plan entitled 'Plan showing relocation of playground pro- perty line, Lexington, Mass .May1,1933, John T Cosgrove,Town Engineer; the officer i-n charge thereof having notified the Selectmen that in his opinion such land is no longer required for Public purposes. carried unanimous 9;01 P.M. Further voted; That the Board of Selectmen or a majority of them be and they hereby are authorized and directed in the name of and on behalf of the Town to execute and deliver a deed thereof to t 'e said Charles R Joy. carried unanimous 9;02 P.M. Selectman uTr. . Trask moves to take up article 13, offering the following; Voted that the Town accept from Charles R Joy a convey- ance of land described as parcel 2 on a ss Plan showing relocation of playground property line ,Lexington, Mass. May 1,1933, John T . . _- Cosgrove, To un Engineer. carried unanimous 9;03 P.M. Selectman Mr . Trask moves to take up article 14,offering the following; Voted that the sum of $1500.be appropriated and assess- ed for the foreclosure and redemption of Tax Titles held by the Town. Carried unanimous 9;04 P.M. Selectman SFr . Trask moves to take vp article 15, offering the following; Voted that this article be indefinitely postponed. Carried unanimous 9;05 P.M. 41 Selectman Lir. Trask moves to take up article 16, offering the follow- ing; Voted that the Code of By-Laws of 1922 be amended by adding at the end of Article V1 the following; " Section 8. Any board or officer in charge of a department may, with the approval of the Selectmen, sell any personal property or material for that department bu4 no longer required by it and not exceeding three hundred dollars in value." carried unanimous 9;07 P.M. Selectman Mr . Trask moves to take up article 17, offering the folldwing; Voted t at the sum of $10,000 be appropriated and assessed for the Welfare Department. carried unanimous 9;10 P.M. ,- ® Selectman Mr. Trask moves the meeting be disolved, unanimous 9;11 P:M. A true. record ; Attest; - il Ar • / ' own / erk. 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 tom affairs, to meet in the Cary Memorial Building, in said Lexington, on Monday, the fourteenth day of August, 1933, at 8 :00 P. M., then and there to act on the following articles; Article 1. To receive the report- of any Board of Town Officers or of any Committee of the Town, and to appoint other Committees. Article 2. To see if the Town will vote to name Stedman Road, the street beginning at a point in Allen Street, said point being easterly and distant 400 feet from Waltham Street and running in a northerly direction toward Marrett .Road (formerly known as Middle Street) . Article 3. To see if the Town will vote to transfer the balance of the account New Headquarters Fire Station, Architects' Plans and Contractors' Bids, to the Excess and Deficiency Account. Article 4. To see if the Town will authorize the Selectmen to take by eminent domain the necessary easement for the construction of a trunk _� line sewer in approximately the following location: Beginning at the Arlington-Lexington boundary line at the terminus of the new Metropolitan District Sewer on or near the property of the Boston and Maine Railroad and running just easterly of said railroad and in general parallel therewith, crossing Bow Street and Pettier Avenue and extending to intercept the present outfall sewer, a distance of approximately 3800 feet , to a width of twenty feet on each side of the said location. Article 5. To see if the Town will accept the report of the Committee on the Revision of the Plumbing By-Laws of the Town, appointed October 31, 1932, adopt the by-laws on Plumbing, substantially as printed in 42 cn the Lexington I, inute-Man of A_ugust 4, 1933, and provide funds for the printing and publishing of said by-laws by appropriation or by transfer from other funds. Article 6 . To see if the Town will authorize the Selectmento install sewers in the following streets : Richard Road from Plymouth Road westerly a distance of appro7itately 300 feet . and appropriate money for said sewer construction by direct appropriation or by transfer from other accounts. Article 7. To see if the Town will vote to install water mains in the following unaccepted streets, subject to the usual, guarantee or the _ assessment of betterments and to take by eminent domain the necessary easement therefor : Richard Road, from Plymouth Road westerly a distance of —' approximately 300 feet ; Blake Road, from Eaton Road to Simonds Road a distance of approximately 240 feet ; Eaton Road, from the present end to Blake Road a distance of approximately 180 feet ; and provide funds for said installation by direct appropriation or by transfer from other funds. Article 8 . To see if the Town will authorize the Board of Selectmen to construct a new standpipe on land of the Tom near the present standpipe and provide for the payment of the cost thereof, in whole or in part, by the issue of bonds or notes of the ton, or by direct appropriation or by a loan lander the National Industrial Recovery Act, so called, and to see if the Town will authorize the proper officers of the town to apply for such a loan and do all things necessary to obtain such a loan in accordance with said National Industrial Recovery Act, so called, and Chapter 366 of the Acts of 1933, or any other pertinent statutes. Article 9. To see if the Town will authorize the Board of Selectmen to construct a trunk line sewer beginning at a point near Bow Street extending northerly parallel to the Boston & Maine Railroad to intercept the present outfall sewer at a point near the East Lexington Railroad Station, a distance of approximately 3000 feet, and provide for the payment of the cost thereof, in whole or in part, by the issue of bonds or notes of the town, or by direct appropriation, or by a loan under the -- National Industrial Recovery Act, so called, and to see if the Town will authorize the proper officers of the town to apply for such a loan and do all things necessary to obtain such a loan in accordance with said National Industrial Recovery Act, so called, and Chapter 366 of the acts of 1933, or any other pertinent statutes. 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 of 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-fifth day of July, A. D. 1933. Robert P. Trask SELECTi John E. Gilereast Charles E. Ferguson OF Daniel J. O' Connell Jolie A. Lyons L77INGTON Constable 's Return. To the Town Clerk, August 4 ,1933. I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post O fice, in the ve-stibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town nine days before the time of said meeting . Attest; Patrick J Maguire . Costable of Lexington 43 Special Town Meeting . August 14, 1933. The Meeting was called to order by the Moderator,Robert H Holt. at 8;13 P.M. There were one hundred and seventeen Town Meeting Members present. The- Town Clerk, James J Carroll, read the Warrant for the meeting until further reading was voted by the Rown Meeting Members to be waiVed. The Town Clerk continued by reading the Constable ' s Return of the Warrant for the Meeting. Under Article One, Frederic L Fischer, for the Appropriation Com- mitee, offered the following report; govering the articles of the Warrant for the meeting; Article 5 Approved 460.00 6 0_200. to be transferred from Sewer Assessment Account to Sewer Construction Account. 7 1600.00 Under Article 8 we approve the sum of 440,000.00 to be secured as a loan in accordance with the National Industrial Recovery Act. Under Article 9 we approve the sum of $46,000.00 to be secured as a loan in accordance with the National Industrial Recovery Act. Respectfully submitted, Frederic L Fischer For the Committee. Selectman Mr. Trask , moved that the above report be accepted. ••••ram• Carried unanimously 8;15 P.M. Selectman Mr . Trask, moved to take up article two , offering the followingrVoted that the street beginning at a point in Allen Street, said point being easterly and distant 400 feet from Waltham Street and running in a northerly direction toward Marrett Road(formerly known as Middle Street) be named Stedman Road. Carried unanimously 8;18 P.M. Selectman Mr . Trask, moved to take up article 3, offering the following; Voted that the sum of 500. , the balance of the account New Headquarters Fire Station,Architects ' Plans and Contractors ' Bids , be transferred to the Excess and Deficiency Account. Carried unanimously 8;19 P.M. Selectman Mr . Trask, moved to take up article 4, offering Rthe following; Voted that the Selectmen be authorized to take by eminant do- main the necessary easement for the construction of a trunk line sewer in approximately the following location; Beginning at a point within the Boston and Lowell Railroad Corporation Right of Way, said'point being at or near the Arlington- Lexington town line, thence 'northwesterly distant abollt 200 feet to a point, said point being northeasterly and distant about 20 feet from the northeasterly line of the Boston and Lowell Railroad Corporation Right of Way, thence northwesterly distant about 600 feet to a point in the center line of =ow Street, said 'point being northeasterly an distant 212.96 feet from the northeasterly line of Massachusetts Avenue, thence North 70o 50' 38" West distant 223.94 feet to a point, thence North 64o 13' 38" West distant 299.51 feet to a ooint, thence North 26o 35 '38" West distant 182.73 feet to a point, thence along the center line of Brandon Street and said Center line extended North 65o 22' 08' West distant 1190.88 feet to a Point, thence South 35o 52 ' 52 West distant 215.96 feet to a manhole in the present sewer outlet neartheEast Lexington Railroad Station, all as shown on a plan -entitled, Plan of Proposed Sewer Outlet, Lexington, Massachusetts, August 7,1933, Scale 1 in.- /100 'feet, John T Cosgrove , Town Engineer, " to a width of twenty feet on each side of the said location. Carried unanimously 8;22 P .M. 1 44 con Selectman_ Mr. Trask moved to take up-Article 5, offering the following; Voted that the Plumbing By-Laws as presented at the Town Meeting, June 19, 1933, in the report of the Committee on the Revision of the Plumbing By- Laws of the 'Town appointed October 31,1932 , be adopted substantially as printed in the Lexington Minute-Man of August 4, 1933, and that the sum of 60. be appropriated and assessed to pro- vide funds for a part of the printing and publishing of said by- laws . Questions by Me. Walter Black regarding various heating sys- tems , andthe changing over of same. Ansewered by Chairman of Committee, Charles B Ferguson. Chairman Mr. Ferguson, stated may be necessary to make some amendments to the articles already printed, at that time offering an amendment to article 9 of the Plumbing By-Laws, to be inserted in the !rte • thirteenth line l- the words in bell and spigot, so as to read, thusly; " All joints it bell and spigot cast 'iron pipe shall be made — with oakum and molten lead run full and caulked gas and water tight. Mr . Hutchinson stated he had not had an opportunity to read said By-Laws as published, moving that the above article be laid upon the table. Mr-. Hutchinson's motion was presented and carried unanimously 8;34 P.M. Selectman Mr . Trask moved to take up article 6,offering the following; Voted that the Selectmen be authorized to install a sewer in Richard Road, from Plymouth Road westerly, a distance of_ approximately 300 feet, and for the purpose of said installation and construction • 1200. be transferred from the Sewer Assessment Account to the Sewer Construction Account. carried unanimously 8; 36 P.M. Selectman Mr. ` Trask moved to take up article 7, offering the • -.following; Voted that the Board of Selectmen be azthorized to install , wwater mains , not less than six inches in diameter and subject to the � _' usual guarantee or the assessment of betterments and to take by eminant domain the necessary easement therefore in the following unaccepted streets; Richard Road,from Plymouth Road westerly a distance of app- roximately 300 feet; estimated cost 04.50. rp-4Blake Road, `'rom Eaton Road to Simonds Road a distance of app- 4, 240 , 240 feet; estimated cost $1150. Eaton Road, from the present end to Blake Road a distance of approximately 180 feet; and for the purpose of said installation and construction the sum of 0.600. be a•,propriated and assessed. carried unanimously 8;38 P.M. Selectman Mr . 'Trask moved to take up article 9 , o "fering the following; Voted that the R.oard of Selectmen be authorized to construct a- trunk line sewer beginning at a point near Bow Street extending northerly parallel to the Boston and Maine Railroad to intercept the present ou+fall sewer at a point near the East Lexington Railroad Station, a distance of-approximately 3000 feet, and for the purpose of constructing said sewer the Board of Selectmen be authorized to apply for a loan°under he National Industrial Recovery Act,so call- ed,and Chapter 366 of the Acts of 1933,or any other pertinent statutes, carried unanimously 8;48 P.M. Further voted that for the purpose of providing for the payment of the cost of said sewer construction, there be appropriated the sum of $46,000.00 and the Town Treasurer with the approval of the Selectmen be authorized to borrow the sum of X46,000.00 and to issue- bonds or notes therefore payable in accordance with law. Moderator . M . Holt. appointed the following tellers for a two thirds count , with the following -esults; Yes No 25-"" Mr. Norris 0 41 Mr. Webster 6 24 Mr. Barton 90 6 decla,'ed carried 8;52 P.M. Selectman Mr. Trask asks if, any provisions were to be made for further printing of new PIUmbing By-Laws . Answered none. 45 z)electman Mr . Trask moves to take up article 8, offering the following; Voted that the Board of Selectmen be authorized to con- struct a new standpipe on s land of the Town near the present standpipe, and for tJe purpose of croNtructing said standpipe the Board of Select- men be authorized to apply for a loan under the National Industrial Recovery Act, so called, and Chapter 366 of the Acts of 1933, or any other pertinent statutes , and Further voted that for the purpose of providing for the payment of tr,e cost of said standpipe, there be appropriated the sum of q>40,0n0.00 and the Town Treasurerwiththe approval of the Selectmen be authorized to borrow the sum of $40,000 .00 and to issue bonds or notes therefor payable in accordance with law. General discission from various speakers, with full explanations by Selectman M-. Trask. Mr . Rucker offered the following motion as an amendment; L Voted; That the matter contained in this article be referred to the Selectmen with instructions to secure estimates of the cost of a tank to hold 1,500,00 gallons of water. Above motion was presented and declared lost unanimous 9;47 P.M. Selectman Mr. Trask' s original motion as presented was voted upon in two parts, the first part being carried unanimously 9;48 P.M. The second part as follows ; Further voted that for the purpose of providing for the payment of tae crst of said standpipe , there be appropriated the sum of 64400.00 and the Town Treasurer with the approval of the Selectmen be authorized to borrow the sum of $40,000.00 and to issue bonds or notes therefor payable in accordance with law. The same tellers were appointed with the following result; Yes No. 22 Mr. Norris. 0 46 Mr. Webster 4 22 Mr. Barton 0 99 4 declared carried 9;49 P.M. Selectman Mr. Trask moved that meeting be adjourned, whereby the Moderator , Mr. Holt, declared the meeting dissolved . Unanimous - 9;50 P.M. A true record; Attest; // 1/19' / Town Clerk. _ _ Lexington, Mass.August 8, 1933. Amendment to By-Laws Adopted at Town Meeting June 19, 1933. Article 16. To see if the Town will vote to amend the Code of By-Laws of 1922 by adding at the end of Article V1 the following; "Section 8. Any board or officer in charge of a department may, with the approval of the Selectmen, sell any personal property or material purchased for that department ' but no longer required by it and not exceeding three hundred A dollars in value." , Article 16. Voted: "Section 8. Any board or officer in charge of a department may, with the approval of the Selectmen, sell any personal property or naterial for tbatdepartment but no longer required by it and not exceeding three hundred dollars , in value." Carried unanimous 9 :07 2. M. I hereby certify that the foregoing is a true copy of Article 16 of the Warrant for a Town Meeting held June 19, 1933, and the vote passed under said article as the same appears of record. Attest : James J. Carroll. Town Clerk. Boston Mass. , August 11, 1933 The within amendment to by-laws is hereby approved. Joseph E. Warner, Attorney General. Lexington, Mass. March 21, 1933 Votes as passed under articles 12 and 13 of Town Meeting, held March 20, 1933, Lexington, Mass . Art. 12 . Voted: That the town rescind its vote of June 20, 1932 amending Article V111 of the Code of By-Laws of 1922 _ Carried unanimously 9 :25 P .M. \ Art . 13. Voted: That the town amend Article V111 of the Code of By-Laws of 1922 by adding at the end thereof the following : \`' "Section 2 . The provisions of Section 1 shall not apply to any extension of water mains made in adcordaneewith General i\- - Laws, Chapter 80 with respect to the assessment of betterments ."F , Carried unanimously 9: 27 P .M. I hereby certify thatathe foregoing is a true copy of Articles 12 and 13 of the arran t - for a Town Mee ting held March 20, 1933, and of the votes passed under said articles as the same appears of record. Attest: , James J. Carroll Town Clerk Boston, Mass. , March 28, 1933 The foregoing by-law is hereby approved Joseph E. Warner I Attorney General 47 TO+' T WARRANT COMEOLiw.iALTH OF MASSACHUSETTS MIDDLESEX, ss. To either of the Constables of the Torn of Lexington, in said County, Greeting: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Toun of Lexington, qualified to vote in elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Monday, the sixteenth day of October, 1933, at 8 :00 P. M., then and there to act on the following articles : Article 1. To receive the report of any Board of Town Officers or of any Committee of the Town, and to appoint other Committees. Article 2. To see if the Town will adopt the By-Laws on Plumbing, substantially as printed in the Lexington Minute-Man of August 4, 1933, and provide funds for the printing and publishing of said by-laws, by transfer from other funds. Article 3. To see if the Town will vote to appropriate money to be expended under the direction of the Selectmen, to provide for Surveys of the drainage areas of the town, and to provide said money by transfer from the Excess and Deficiency Account. Article 4. To see if the Town will vote upon petition of Daniel J. O'Connell to amend the Lexington Zoning By-Law and map by changing from an R.1 District to a C.1 District the following described parcel of land : A triangular parcel of land bounded .on the northwest by Fletcher venue distant 183.90 feet, on the southwest by Woburn Street distant 320. 22 feet, and on the northeast • by the Boston and Lowell Railroad Corporrtion right of way distant 317.40 feet, containing about 27,994 square feet. Article 5. To see if the T0711 will vote upon petition of Neil .�, McIntosh to amend the Lexington Zoning By-Law and map by changing from an R. 1 District to e C . 1 District the following described parcel of land: All or any part of property numbered 259 Bedford Street , and lots adjacent thereto, being lots 30, 31, 32, 33, 34 on plan of Sunnyfield, Lexington, Mass. , as shown on sub-division plan 9475B recorded in Land Court Registration Court, a copy of which is filed with Middlesex South Registry of Deeds, Land Registration Division, said plan being sub-division plan of land shown on plan 9475a filed with certificate of title 427001, in said Registry, 48 A;rt .cle 6. To see if the Town will vote to install water mains in the following unaccepted streets, subject to the usual guarantee or the assessment of betterments and to take by eminent domain the necessary easement therefor : Fair Oaks Drive from the present end northerly a distance of approximately 175 feet ; Fair Oaks Terrace from Fair Oaks Drive northwesterly a distance of approximately 475 feet. Article 7. To see if the Town will vote to transfer from the Excess and Deficiency Account additional funds for the LTelfere Department . Article O. To see if the Town will vote to authorize the Selectmen to install a street light in Gleason Road. And you are directed to serve this r,arrant seven days at least before the time of said meeting as provided in the By-Iaws of the Town. Hereof, fail not , and make due return of this !arrant , 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 September, 1933. Robert F. Trask SELECTL N John B. Gilcreast Charles E. Ferguson OF Daniel J. O' Connell John A. Lyons LEX lTGT OI; . Con_starle ' s Return. October 13 , 1933. To the Town Clerk; I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a Printed copy of the same to every registered voter in the Town 11 days before the time of said meeting. Attest; Patrick J Maguire Constable of Lexington 49 SPF;CT_AL TOWN ET..rTT7G . Held October 16 , 1933, Robert ri Holt Moderator, presiding. Meeting was called to order at 8; 10 P.M. Where were 148 Town Meet- ing Members present. James J Carroll, Town Clerk, read the Warrant for the meeting until further reading was waived, unanimous vote. The Town Clerk read the Constable 's Return of the Warrant. Selectman Mr . =rask moved to take up article One. tnde_r article One Hr. Rowse , Chairman of. the Appropriation -- Committee offered the following as being approved by the Committee; Art.2 ,The sum of 72.00 be transferred from the Excess Y, Deficiency Account to Provide funds for the publishing of Town Plumbing By-Laws . Art.3. 21,000. be transferred from the Excess & Deficiency Account to provide for part of drainage area survey. Art.6. Approved no amount of money mentioned. Art.7. Y-12,000. be transferred from the Excess and Deficiency Account to the Welfare Department. Sele^tman Mr. Trask moved to take up article 3, offering the following ; Voted; '-What the 'Hard of Selectmen be authorized to :grange for a complete survey of the drainage areas of the Town at a cost of '-.6,000, , and that c 1,000. be now transferred from the Ex- cess and Deficiency Account to provide for a part of said survey. Carried unanimous l';24 P.M. Selectman Mr. -rask moved to take up article 4. Selectman H=r. D J O 'Connell read and offered the following motion; Voted;That the Town amend the Lexington Zoning By-Law and map by c--]anging from an R-1 to a C-1 District the following described parcel of land; " A triangular Parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet,on the southwest by Woburn Street distant 320.22 feet, and on the northeast by the Boston and p Lowell Railroad Corporation right of way distant 317.40 feet,con- taining about 27,994 square feet.[° Mr.O 'Connell spoke stating various reasons why change should be made. - Mr. J Henry Duffy,Chairman of the Planning Board read the follow- ing report, on above change; On the petition of Daniel J O 'Connell that the Lexington Zoning By-Laws be amended by changing the triangular parcel of land bounded by Eletcher Avenue, Woburn Street and the right-of-way of the Boston and. Lowell Railroad Corporation from an R-1 District to a C-1 District, the Planning Board in accordance with the provisions of the Zoning By-Law has held a duly advertised hearing.This action has been taken at the insistence of the- petitioner although the Planning Board has three times previously considered the matter and the Town Meet- ing has three times previously denied the Petition, the last time as recently as April of this year. The Planning Board has not' altered its opinion in the matter and again unanimously recommends to the Town that this change be not approved. No new conditions have appeared to favor the making of such a 7.% change.On the contrary certain conditions have appeared which make the maintenance of the present zoning status seem even more desirable: l.T'he Russell House property, formerly vacant and for sale has now been converted• to single family residence use by its owner. 2.0wing to current business conditions the occupancy and use of mer- r- cantile, buildings in the business zones already established in Lexington are believed to have become less profitable. The opposition of the Planning Board to the proposed change is based upon two fundamental considerations which are regarded as of great importance in their bearing upon the economy and future develop- ment of the Town. The areas already set apart for business use are in our judge- ment not only conveniently located but ample for many years to- come. The --Boardis not unmindful of the necessity which mav, from time to time arise, when the public convenience may require amendments to the Zoning Law to permit of the reasonable and proper use of land. The Board however believes that the creation of zones in which uses other than those originally contemplated are permitted will generally and in the long run , do tend inevitably to spotty and blighted develop- ment and impair existing business and residential values . Dh.e Board believes that no public need exists to require the new business area Petitioned for. The particular parcel of land named in this petition is located in proximity to the main street and between two other streets and a railroad right of way in an area where radical changes are ultimately inevitable, which will involve considerable damages if the land is occuried by business buildings or uses.It is located between one area in which the town has a heavy investment in public buildings of excep- tional dignity and another in which it has a heavy investment in school plant. To permit the development in this wedge, of a business use is not only to add to the traffic haza-ds to which the school children and others are exposed, but is to prejudice the Town' s oruortunity for an attract- --- ive and harmonious development along its principal thoroughfare without burdensome costs . If not used for residence purposes it should remain an open space until such time as the development is_ fixed or a civic use for it is found. To the plea that the owner cannot profitably use the ground under its present zoning,the Planning -oard and the Town mpy rightfully ans- wer that the owner acquired the Property in its p--'esent zoning. status, without any commitment implied or, otherwise , that the ''own was prepared to change its status on his request. Surely, the Town, if it values its opportunities to protect itself under the Zoning By-Law cannot afford to grant to any ownerof peculiarly located or otherwise unusable tracts the privilege of business or other special uses, unless such uses are justified in tae public goad. , Signed; J Henry Duffy. Sheldon A Robinson. Mm.Dhi lne. C Edward Glynn. Edward W Kimball. Oct. 16,1933. E F Scheibe . Selectman Mr.O'Connell stated he was ready to make certain changes ,referring to the ba.ilding of a oew street, and irould' sign an agreement, drawn up by the Town Counsel, in referrence to changes to be made at this point. _ Selectman Mr. Trask spoke in favor of the change, and read the afire ement,a s drawn up by the Town Counsel. Mr.Francis Chamberlain spoke in opposition to the change move- ing that the art:lcle be indefinitely postponed. Indefinite postponement. carried unanimously 8;48 P. .M. Selectman Mr. Trask moves to take up article two, offering the following; Voted; That the Plumbing By-Laws, substantially as printed in the Lexington IVinute-han of August 4, 1933, be and the same hereby are adopted as Plumbing By-Laws of the Town, And further voted, that the sum of 072.00 be transferred from the Excess and Deficiency Account to provide funds for the print- ing .znd nublishing of said By-Laws . Questions by Mr . Walter Spellman. Selectman Mr. Trask mentioned the fact this was the third time said Plumbing By-Laws had been presented to the Town Meeting Members and hoped same would be accepted. On a two-thirds vote , the following result was obtained; Yes Tellers No 26 Nichols 4 52 Redman 7 30 Miller 0 108 11 Carried 9 P.M. Selectman Mr . Trask , moved to tale up article 5. Under article 5 Mr. Francis Burke , read and offered the following motion; Voted;That the Lexington Zoning By-Law and map be amended by changing from an R-1 District to a C-1 District the following described parcel of , 1and,namely, A certain parcel of land numbered 259 in.the street numbering of Bedfoard ' Street,being lots 30 and 31 on Plan of Sunnyfi_eld,Lexington Massachusetts,as shown on subdivision plan 9475 B recorded in t=e Land Court Department of Middlesex Registry of Deeds,a copy of which is filed with Middlesex So..1th District Registry of Deeds,said plan being a sub-division of 1�nd shown on plan 9475 A filed with Certificate of Title No .27001 in said Registry. 51 Remarks by Mr. F E Burke, exnressing himself as to why change should be granted. J Henry Puffy , Chairman of the Planning Board reads the following report; Report of Planning Board on Petition for a change in the Zoning By-Law ad Map by Miss . Mary a Whalen and Neil McIntosh 259 Bedford Streetrii Lexington. Acting or the petition of Miss Mary A Whalen , Neil McIntosh, and others , tr amend the Lexington Zoning By-Law and Yap by Changing from an ReI to a C-T District t- e plot of land at 259 Bedford Street, described as follows; 7- Lots numbered 30, 31,32,33, and 34 on plan of Sunnyfield, Lexington, Massachusetts , as shown on subdivision plan 9475B recorded in Land Court Registration Court, a copy of which is filed with Middlesex South Registry ,of Deeds, Land Registration Division, said pan being subdivision plan of land shown on Plan 9475A, filed With certificate of title No.27001, in said lies'istry tne Planning Board has , in accordance with the provisions of the Zoning By-Law,held a duly' sdvertised hearing and after careful -_-, consideration now reports to the Town. The purPose upon which this petition is based is that of the operation of an establishment, for the serving of meals to tran- ' sients and for teeir accomodation as overnight guests ; which, being without question a business enterprise, is not allowable, under the nrovisicns of the Zoning By-Law,in an or ,resident District. The petition is signed by a large number of residents and property owners within an area which was designated by the Board, and at the public hear4. inc7 ,no persons appeared in opposition. In the opinion of the Board, this petition, so far as this intended use is concerned,has no serious objection; the Boaid has also taken into consideration the fact that the nroperty referred to is con- tiguous to an existing business area,which,however, was established by the Town contrary to the recon of the Planning Boar 6 and is - at present used as a golf driving range. The Planning Board, however, feels that the op,ratiOn of a business of this particular character does not necessarily warrant the establishment of a business zone which, when once established, allows its use for general commercial purposes . Similar businesses are known to be in operation elsewhere in the Town in non-conformity with the Zonin , Law;which, with this as a precedent, could reasonably be urged as sufficient excuse for the establishment of still other C-1 Districts' Such action would be directly subversive of the Intent of the Z -ning Ey-law. It is conceivable in this particular section or elsewhere on ' edford Street that at some future time a C-1 Zone May be required. Previous to such necessity the Planning Board does not re- commend the change petitioned for.Provison for the operation of tea- rooms should be accomplished by other means; and it is the purpose of the Board to present,at the earliest opportunity,an amendment to the Zoning By-law which will permit this and other specific non-conforming uses , subject to Proper safeguards,in otherwise restricted areas of the Town. The Planning Board therefore does not approve the amendment to the Zoning By-Law covered by this petition . Lexington Planning Board J Henry Duffy Sheldon A Robinson. Wm D Milne C Edward Glynn Lexington , Mass . Edward W Kimball October 16, 1933. B F Scheibe Remarks by Mr.P A Northrup,speaking in favor of the change be made . The vote = s Presented By Mr. Burke, had the following result, Yes Tellers No 9 Nichols 19 38 Redman 31 4 Miller 19 51 69 2eclared lost .9;20 P .M. - - - - _ _ 55! Selectman L,_r . Trask, moves to take up article six, offering the following motion;Voted; that the Board of Selectmen be authorized to ins'-all water mains , not less than six inches in diameter, in the following unaccepted streets, subject to the assessment of betterments and to take by eminent domain the necessary easement tnerefore; Fair Oaks Drive from the present end northerly a distance of approximately 175 feet; Fair Oaks Terrace ; rom Fair Oaks ::rive northwesterly a distance of ar prot jr:.ately 475 feet. After explanations by Selectman Mr. Trask, the above vote was carried ,unanimoudly 9;22 P.1.1. TSe lectman hr . '-rask, moves to take up article 7, offering the following; Voted that the sum of wP12,000.00 be transferred from the Excess and Deficiency Account to the Velfa-e 'epartment. — After explanations by Selectman Mr. 'rask, the above vote was carried unanimously 9;28 P .M. -nder article 8, Selectman Mt. Trask asked for indefinite Post- ponement, same being carried unanimously 9;29 P.M. Selectman Mr • Trask moves meeting adjourn. Moderator Yr. Holt declares meeting diSclve ,Unanimous 9;30P .M. - Z7,'elec-roan Mr . Trask moves to take up artic e a, the second part of the vote, which was not •inched in the original vote, at the time the-o.riginal vote was voted upon, as follows; further voted, that the sum of 472.00 oe,= transferred from the Excess and Deficiency Account to provide funds f 'or the printing and publishing of said By-Laws. carried unanimous 9;24 P.M. A true record . Attest ; "own /.clerk. fi I `r 1 53 T OWN 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 the Cary Memorial Building, in said Lexington, on Friday, the first day of December, 1933, at 7 :45 P.M. , then and there to act on the following articles : Article 1. To receive the report of any Board of Town Officers or of any Committee of the Town, and to appoint other Committees . Article 2 . To see if the Town will vote to authorize the Selectmen to install street lights in Grant Street, Lockwood Road and Byron Aveaue. Article 3. To see if the Town will vote to authorize the treasureD, with the approval of the Selectmen, to extend as much as is necessary of the revenue loans of 1933 for a period not to exceed six months beyond the maximum term provided by law for an original revenue loan, under authority of and in accordance with the provisions of Chapter 3 of the Acts of 1933, or take any action relative thereto. Article 4. To see if the Town will vote to authorize the Town Treasurer with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1933, in accordance with the provisions of Section 17, Chapter 44, General Laws ; 3 any debt so incurred to be paid from the revenue of the year 1934A. Article 5. To see if the Town will vote to instruct the Selectmen to install water mains in the following street : Hill Street, a 12 inch main, from the present end near the Lexington Golf Club to Sargent Street, a distance of approximately 1600 feet. _ _ _ 54 • F ! E-1 0 H E-I 55 Article 6. To see if the Town will vote to transfer funds from the Board of Health Account to the Interest Account. 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 of 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-first day of November, 1933. Robert P . Trask SELECTMEN John E. Gilcreast Charles E. Ferguson OF Daniel J. O'Connell John C . Lyons LEXINGTON Town Meeting Members Attention: The Selectmen regret the necessity of calling this meeting but the financial reputation of the town is at stake and we must have action by the Town Meeting Members on this date. Your attention is called to the fact that the hour of the meeting is 7 :45 P .M. This should allow for adjournment by 8:00P .M. and will not interfere seriously with other engagements that evening. Your cooperation will be appreciated. Robert" P . Trask, Chairman, Board of Selectmen Constable 's Return November 23, 1933. To the Town Clerk, I have notified the inhabitants of Lexington by postinc printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing printed copy of the same to every registered voter in the Town eight days before the time of said • meeting. Attest: Patrick J. Maguire Constable of Lexington 56 CP = = Special Town Meeting . 1.4.., December 1, 1933. At eight o 'clock P.M. Mode-ator Mr. Holt, took ,the -V count of the Tow Meeting Members Present ,to determine if a quorum ,present, the result of the count was eighty-four Town Meting Members present,whereby the Moderator declared a re- cess, until more Town Meeting Members arrived. At eight twenty o' clock P.M. the meeting was again call- ed to order by the Moderator , with one hundred eight Town Meet- ing ---.. Members present. The Town Clerk, James J Carroll, read the Warrant for the Meeting, until further reading was waived. The Town Clerk , read the Constable 's return for the Meet- ing. Selectman Mr . Trask moved to take up article One. Under article one . Mr. Rowse ,Chairman of the Appropri- ation Committee, read the following articles as being approved; Article Two Approved. Article Three Article Four Article Five n Article Six Indefinitely postponed . 8;22 P .M. Under Article Two, Selectman Mr . Trask offered the follow- ing motion; Voted that the Board of Selectmen be authorized to in- stall_ street lights in Grant Street, Lockwood Road and Byron Avenue. Carried unanimously 8;23 P.M. under article 3, Selectman Mr. Trask moved for indefinite postponement. unanimous 8;24 P.M. Under article 4, Selectman Mr. Trask offered the follow- — ing motion; Voted that the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the 1 year 1933,in accordance with the provisions of Section 17, Chapter 44, General Laws ;any debt so incurred to be Paid from the revenue of the year 1933. carried unanimously 8;30 P.M. Under article 5, Selectman Mr . Trask , offered the follow- ing motion; Voted that the Board of Selectmen be authorized and instructed to install a twelve inch water main in Hill Street, from the present end near the Lexington Golf Club to Sargent Street, a distance of approximately 1600 feet. carried unanimously 8;33 P.M. Under article 6, Selectman Mr . Trask, moved for indefi- nite postponement . ' carried unanimously 8;34 P.M. Selectman Mr. Trask moved , t- e meeting be adjourned. Moderator Mr. Holt declared the meeting dis-'olved,8;35 P.M. A True record . Attest; -----\ , , • -_--( _ Tow, \ Clerk. 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 their respec- tive voting places in said town. ' (Precinct One, Emerson Hall: Precint Two, Three and. Four, Cary Memorial Hall) , on Friday, the twenty-sedond day of December, A.D. 1933, at three o 'clock, P .M. , .then and there to act on the following articles : Article 1. Shall licenses be granted in this town for the sale therein of all alcoholic beverages (whisky, rum, gin, malt beverages, wines and all other alcoholic beverages )? Yes No • , Article 2 . Shall licenses be granted in this town for the sale therein of wines and malt beverages (wines and beer, ale and all other malt beverages )? Yesj No Article 3. Shall licenses be granted in this town for the sale therein of alcoholic beverages in taverns? Yes Ho ! The polls will be open at 3:00 P .M. and will remain open until 8:00 P .M. 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 de retirn on this Warrant , with your doings theron, to the Town Clerk, on or before the time of said meeting. Given under our hands, at Lexington, this twelfth day of December, A.D. 1933. Robert P . Trask SELECTMEN Charles E. Ferguson John E. Gilcreast OF Daniel J. O 'Connell John A. Lyons LEXINGTON Constable ' s Return December 14 1933 To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public Places in the Town, and by mailing Printed cop of the same to every registered voter in the Town eight days before the time of said meeting. 1.4 Attest : Patrick J. Maguire Constable of Lexington SPECIAL TOWN ELECTION. DECEMBER 22 , 1933. In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Friday, December the twenty-second in the year of our Lord nineteen hundred thirty-three at three o 'clock in the afternoon. The following places were designated as the voting places for the various precincts ; Precinct One, Emerson Hall; Precinct Two, Three and Four, Cary Memorial Hall; "'r The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows : PRECINCT ONE Charles J. Dailey Warden Mrs . Mary A. Rowland Deputy Warden Bartlett J. Harrington Inspector George E. Foster Inspector Alfred Hayward Deputy Inspector Donald Cameron Deputy Inspector Roland E. Garmon Clerk Arthur W. Hughes Deputy Clerk PRECINCT TWO Irving B. Pierce Warden Ezra F. Breed Deputy Warden Victor Harmon Inspector Randall Richards Inspector George V. Morse Deputy Inspector Madeline J. Corbett Deputy Inspector John H. Dacey Clerk Frederick Connor Deputy Clerk PRECINCT THREE Frederick Tullar Warden Bessie G. Davis Deputy Warden James M. Ahearn Inspector Katherine Vaughan Inspector Emma Hovey Deputy Inspector Esther Graham Deputy Inspector James L. McKenzie Clerk Samuel W. Wellir_gtcn Deputy Clerk • PRECINCT FOUR Howard Custance Warden • William E. Mulliken Deputy Warden Harry Frost Inspector Katherine Kiernan Inspector Irene Robinson ”eputy Insveotor Frank Maguire Clerk Margaret T. Kennedy Deputy Clerk The polls were declared open in each precinct at three o 'clock P.M. and remained open until eight o 'clock P .M. , after which time after due notice, they were closed. The election officers were sworn to the faithfull performance of their duties . 59 The ballots were counted by the election officers in each pre- cinct , the tally sheets and total vote sheets nrenared by the Town Clerk being used. The total registration of voters in each precinct was as follows : Precinct One 1150 One thousand one hundred and fifty Precinct Two 1128 One thousand one hundred and twenty-eight Precinct Three 1199 One thousand one hundred and nintv-nine Precinct Four 1150 One thousand one hundred and fifty- _ f-'-- Total 4627 Four thousand six hundred and twenty-seven 1 -- The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the mused ballots, add delivered to the Town Clerk at his office. The Registrars of Voters and the Town Clerk canvassed the result as follows : Precinct One Ballots Cast 278 Two hundred and seventy-eight Precinct Two Ballots Cast 331 Three hundred and thirty-one Precinct Three Ballots Cast 352 Three hundred and fifty-two Precinct Four Ballots Cast 287 Two hundred and eighty-seven Total 1248 One thousand two hundred and forty-eight QUESTION 1. Shall licenses be granted in this town for the sale therein of all alcoholic beverages (whisky, rum, gin, . . malt beverages , wines and all other alcoholic beverages ) ? Precinct 1 2 3 4 Totals Yes 163 128 172 161 624 No 112 202 177 126 617 f--- Blanks 3 1 3 0 7 I ' , -- - QUESTION 2. Shall licenses be granted in this town for the sale therein of wines and malt beverages (wines and beer, ale and all other malt beverages ) ? Precinct 1 2 3 4 Totals Yes . 168 148 187 165 668 No 102 172 160 115 549 Blanks 8 11 5 7 31 .. QUESTION 3. Shall licenses be granted in this town for the sale therein of alcoholic beverages in taverns? Precinct 1_L 2 3 4 Totals Yes 143 87 123 114 467 No 128 236 222 160 746 Blanks 7 8 7 13 35 4 A true record, Attest; / Town C /erk . - , . 1 1 TOWN60 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, cualified to vote in elections and in town affairs , to meet in their respective voting places in said town, -- Precinct, One. Emerson Hall: Precinct Two, Three and Four, Cary Memorial Hall, on MONDAY, the Fifth Day of March. A. D. 1934 at six o'clock, A. M. , then and there to act on the following articles : Article 1. To choose by ballot the following town officers : One Town Clerk for the term of one year, One Selectman for the term of three years , One Town Treasurer for the term of one year, One Collector of Taxes for the term of one year, One Cemetery Commissioner for the term of three years, One Moderator for the term of one year, One Member of the School Committee for the term of three years, Two Constables for the term of one year, Two Members of the Planning Board for the term of three years, One Trustee of Public Trusts for the term of six years, Seventeen Town Meeting Members in each Precinct for the term of three years , One Town Meeting Member in Precinct Two for the term of two years, Two Town Meeting Members in Precinct Three for the term of one year, One Town Meeting Member in Precinct Four for the term of one year, The polls will be open at 6:00 A. M. and will remain open until 8 :00 P . M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall insaid Town on Monday, the nineteenth day of March, 1934, at 8:00 P . M. , at which tine and place the following articles are to be acted upon and determined exclusively by the town meeting members, in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2 . To receive the report of any Board of Town Officers or of any Committee of the Town, and to appoint other Committees . Article 3. To choose such Town Officers as are reqaired by law and are usually chosen by nomination. Article 4. To see if the Town will authorize their Treasurer, under the direction of the Selectmen, to borrow money for any necessary purposes, in anticipation of revenue for the current year, the same to be repaid directly from the proceeds of said revenue, or act in any manner relating thereto. Article 5. To see if the Town will make the usual appropriations for Town expenses for the ensuing year, or act in any manner relating thereto. Article 6. To see if the Town will make an appropriation for the Suppression of Gypsy and Brown Tail Moths, in accordance with Chapter 132, General Laws, or act in any manner relating thereto. Article 7 . To see if the Town will vote to appropriate and assess an amount of money to be used as a Reserve Fundas provided by Chaoter 40, Section 6, General Laws, or take any action relating thereto. Article 8. To see if the Town will apprdpriate funds for the payment of pensions to retired members of the Police and Fire Departments, under chapter 32, General Laws , or act in any manner relating thereto. 61 Article 9. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1934 . Article 10. To see if the Town will vote to appropriate money for the support of a Posture Clinic, to be expended under the direetion of the Board of Health or by a committee appointed by said Board, or act in any manner relating thereto. Article 11. To see if the town will vote to appropriate a sum sufficient to pay the County of Middlesex, as required by law, the town' s share of the net cost of the care, maintenance , and repair of the Middlesex County Tuberculosis Hospital, and for the Town' s share of the expense under the provisions of Chapter 331 of the Acts of 1933, which provides for the settlement of certain claims of the Commonwealth against the Middlesex County Tuberculosis Hospital District, including interest or discount on temporary notes issued therefor, as assessed in accordance with the provisionsef Charter 111 of the General Laws , and Acts in amendment thereof, and in addition thereto, or take any anction in relation thereto . Article 12. To see if the Town will vote to transfer the sum of $1716.16 to the Cary Memorial Library Account, the same being the sum received from the Middlesex County for dog fees. Article 13. To see if the Town will authorize or ratify a contract with the United States or its proper officials for a grant for construction of a trunk line sewer in East Lexington and all action by the Selectmen or other town officials with relation thereto . Article 14. To see if the Town will authorize or ratify a contract with the United States or its, Proper officials for a grant for construction of a water standpipe and all action by the Selectmen or other town officials with relation thereto . 7— Article 15. To receive a report of Metcalf and Eddy, Engineer,s with respect to surface drainage in East Lexington and to adopt any or all of their recommendations and to appropriate the sum of $5,000. to pay for the cost of completing the survey of the drainage areas of the town as authorized by the town at a town meeting held October 16, 1935. Article 16. To see if the town will make provision for the dis- posal of surface drainage in East Lexington by the construction of drains or conduits, or diversion or relocation of brooks, and for that purpose take lands, or easements by Eminent Domain, and provide for the payment therefor by the issue of bonds or notes or by direct apPropriation. Article 17 . To see if the Town will vete to authorize the Selectmen to replace the bridge over Vine Brook in Sherman Street with a culvert, and vote to appropriate funds therefore. Article 18 . To see if the Town will vote to appropriate money for the construction of Pleasant Street, from Massachusetts Avenue to Watertown Street, under Chapter 90 of the General Laws . Article 19. To see if the Town will vote to install water mains in the following unaccepted streets, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor: Winter Street, from Bedford Street a distance of approximately 1050 feet; Hillcrest Avenue, from Fottler Avenue a distance of approximately 1000 feet; and provide funds for said installation by direct appropriation, or by transfer from other funds . 62 C31 Article 20 . To see if the Town will vote to install water mains in the following street, and in such other streets as the Selectmen shall designate in accordance with authority contained in the By-Laws of the Town: Hill Street, from the Lexington Golf Club to Sargent Street a distance of approximately 1600 feet; and provide funds for said installation by direct appropriation or by transfer from other funds. Article 21. To see if the Town will vote to install water mains in the following unaccepted streets subject to the assessment of better- ments and to take by eminent domain the necessary easements therefore : Taft Avenue from Massachusetts Avenue to Daniels Street, approximately 890 feet; Cherry Street from Taft Avenue in a northerly direction approximately 160 feet; Cary Street, from Taft Avenue in a northerly direction approximately 230 feet; and provide funds for said installation by direct appropriation or by transfer from other funds. Article 22. To see if the Town will vote to authorize the Selectmen to install sewers in the following accented and unaccepted streets subject to the assessment of betterments, and to take by eminent domain the necessary easements therefor: Bow Street, from Tr ?nk Line Sewer to Theresa Avenue a distance of approximately 476 feet; Cliffe Avenue from Bow Street a distance of approximately 440 feet northerly; Theresa Avenue from Bow Street a distance of approximately 250 feet westerly; and provide funds for said installation by direct appropriation or -- by transfer from other funds . Article 23. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to extend as much as is necessary of the revenue loans of 1934 for a period not to exceed six months beyond the maximum term provided by law for an original revenue loan, under authority of and in accordance with the provisions of Chanter 3 of the Acts of 1933, or take any action relative thereto. Article 24. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticioation of the revenue of the year 1934, in accordance with the provisions of Section 17, Chapter 44, General Laws ; any debt so incurred to be paid from the revenue of the year 1934. Article 25. To see if the town will vote to authorize the School Committee to make expenditures for providing additional school accommodations for the Junior High School and Senior High School; appropriate money for this purpose by issue of bonds or notes, or by direct appropriation, or act in any manner relating thereto. Article 26. To see if the Town will vote to appropriate money to reimburse the Water Department for materials, equipment and labor furnished to the Highway Department during the years 1929 to 1933 inclusive. Article 27 . To see if the Town will vote to appropriate funds for the payment of a bill due to Walter G. Black for repairs to the Public Works Dept. Building the same to be paid to the Water Department. 63 Article 28. To see if the Town will vote to appropriate money for the unpaid bills for the year 1933 of the following accounts : Assessor ' s Department Fire Department Health Department Highway Department Parks & Playgrounds Police Department Planning Board Public Welfare Department (not including undetermined amounts due other Cities and Towns ) Public Works Building - Operation School Department Selectmen 's Department Snow Removal Soldiers Relief Town Offices & Cary Memorial Building, or act in any manner relating thereto. Article 29 . To see if the Town will vote to appropriate money for the installation of ten new fire alarm boxes and the replacement of ten fire alarm boxes with boxes of the lates type. Article 30. To see if the Town will vote to appropriate funds to repair the trunk line sewer installed in 1915. Article 31. To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Blake Road, from Simonds Road to Eaton Road, a distance of approximately 210 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 19, 1934, and to take by eminent domain the necessary easement therefore, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 32. To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Eaton Road from Bertwell Road to Blake Road a distance of approximately 792 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 19, 1934., and to take by eminent domain the necessary easement therefore, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 33. To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Gleason Road, from Simonds Road to Williams Road, a distance of approximately 658 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 19, 1934, and to take by eminent domain the necessary easement therefore, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 34. To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Valley Road, from r- Bedford Street a distance of approximately 150 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in -t'e office of the Town Clerk, dated February 12, 1934, and appropriate money for the constriction of said street, or act in any manner relating thereto. Article 35 . To see if the Town will vote to establish as a town way or accept the lay out of as a town way, Fletcher Avenue, from Woburn Street a distance of approximately 1500 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a cer- tain plan -on file in the office of the Town Clerk, dated February 12, 1934, and to take by eminent domain the necessary easement therefore, and appropriate money for the construction of said street, or act in any manner relating thereto. 64 C.31 Article 36. To see if the Town will vote to authorize the appointment of a committee empowered to select a permanent location for the German Field Piece which was given to the Town througa the efforts of Hallie C. Blake , and which was duly accented by the Town at a Town Meeting held April 27, 1931; such committee to have three members of which one shall be a member of the Stanley Hill Post No. 38, American Legion. Article 37. To see if the Town will add to the North Lexington Playground the land acquired by the Town by tax title and described as follows : Land formerly of Joseph Whitlock, Being lot number 3, in Block numbered 70, fronting on Willow Street, on a plan of lots of Mark C. Meagher, surveyed by E. A. W. Hammett, C.E. , and recorded in the southern district of Middlesex County, Registry of Deeds, Book 77, Page 24, and dated 1892. Land formerly of Thomas W. Joy Being lots numbered 4 and 5, in block number 70, fronting on Willow Street, on a plan of lots of Mark C. Meagher, surveyed by E. A. W. Hammett, C . E. , and recorded in the southern district of Middlesex County, Registry of Deeds , Book 77 , and dated. 1892. Land formerly of Ellen Keating Being lots numbered. 6, 7 , and 8 in block number 70, fronting on Willow Street, on a plan of lots of Mark C. Meagher , surveyed by E. A. W. Hammett, C . E. , and recorded in the southern district of Middlesex County, Registry of Deeds, Book 77, and ro dated 1892. Tax Title recorded April 1, 1915, Book 3957, Page 426. wommol or act in any manner relating thereto. Article 38. To see if the Town will amend the Zoning By-Law and Map by adopting any or all of the following amendments thereto: ( a) By substituting for Section 3, C. 1. Districts , Article 17, the following: "17. Upon the northerly side of Massachusetts Avenue beginning at Vine Brook and extending westerly to the easterly line of Meriam Street, throughout its length extending northerly to the Railroad property." (b) By substituting for Section 3, C . 1. Districts, Article 18, the following: "18. Upon the s outTerly side of Massachusetts Avenue beginning at the westerly line of Wallis Court and extending westerly to a point opposite the easterly line of Meriam Street, and of a depth of 100 feet from the southerly line of Massachusetts avenue, throughout. ( c ) By adding to Section 4, C. 1. Districts, Paragraph 2, after the word, "stores" , h�e-w-e .d, "salesrooms" ; so that the '— same will read as follows : "2. Retail stores , salesrooms, and shops for custom work or the making only of articles to be soldat retail on the premises ." ( d) By substituting for Section 4, C. 1. Districts, Paragraph 6 (c) the following : " ( c ) Public garages , automobile repair-shops, storage- battery service-stations, retail gasoline or oil stations , (35 greasing-stations or any of their appurtenances or accessory uses; except that none of the foregoing, nor any driveway for the entrance or exit of automobiles in connection therewith, shall hereafter be located so that any part thereof is within fifty (50) feet of any residence district , or within three hundred ( 300) feet of the property used by any public or private school, public library, church, hall of public assembly, historical building, monument, or museum, playground, or institution for the sick, the agek or dependent, or for children under sixteen years of age . Every filling-station structure, pump, or greasing-stand shall hereafter be set back not less than twenty (20 ) feet from the established street line , and no filling shall be done except to cars standing on the property of the filling-station ." ( e) By adding to Section 4, C. 1. Districts, Paragraph 6 ( e ) after the word "depots" , the words "public stables", so that the same will read: "(e) Retail dealers in ice , grain, fuel, lumber and structural materials, milk depots, public stables, and other commercial non- manufacturing uses not hereinbefore specified. " ( f) By substituting for Section 10 the following : "SECTION 10. HON-CONFORMING USES. Any use or building non-conforming on May 2, 1924, at the time of adoption of the original Lexington Zoning By-Law, may be continued for the same purpose or for purposes not substantially different; any such building may be repaired or structurally altered but shall not be rebuilt if destroyed to the extent of 90% of its insurable value; no such use or building shall be extended or enlarged nor, if discontinued for a substantial period of time , shall such use be resumed except subject to the Provisions of Section 9." (g) By substituting for Section 16, the following: "Section 16 . There shall be a Board of Appeals of five members who shall be appointed by the Selectmen for terms of five years each, the term of one appointee to expire each year. The terms of the members of the Board first appointed after the adoption of this by-law shall expire in such order as the Selectmen shall designate. The Selectmen shall also appoint annually two associate members of the Board of Appeals one or both of whom may be designated by the Selectmen from time to time to take the place of a regular member or members of the Board. of Appeals as to cases arising under this by-law in case of vacancy, inability to act or interest. " (h) By substituting for Section 17 the following: "Section 17 . AMENDMEPNTS. Amendments to this By-law may be proposed by the Planning Board, by vote of the Town Meeting or by a petition signed by owners of 50 per cent in valuation of the propert7 designated by the Planning Board as affected by the proposed amendmendment; except that no proposed amendment which has been acted upon by vote of the Town Meeting shall be proposed again by petition in substantially the same form within one year of such action. The Planning Board shall hold a public hearing for consideration of each amendment so proposed, notice of which — shall be published in a newspaper published in the Town and mailed to such interested parties as the Board shall designate, fourteen days at least before the date fixed for such hearing. No amendment shall be voted upon by the Town until after the Planning Board has submitted a final report thereon with recommendations to the Town Meeting. " 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 6 of said. meeting . Given under our hands, at Lexington' th is twentieth day of February, A.D. , 1934 . Robert P . Trask SET,FCTMEN John E. Gilcreast Charles E. Ferguson OF Daniel J. O'Connell John A. Lyons LEXINGTON February 24, 1934 To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town nine days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington. 67 ANNUAL TOWN ELECTION. MARCH 4) 1934 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the fifth in the year of our Lord -- nineteen hundred thirty=four at six o ' clock in the forenoon. L_ The following places were designated as the voting places for the various precincts : Precinct One, Emerson Hall; Precinct Two, Three and Four, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen,and Wardens of the various precincts were assigned for dutias follows : Precinct One Charles J. Dailey Warden Mary A. Rowland Deputy Warden Bartlett J. Harrington Inspector George E. Foster Inspector James Irwin, Jr. Deputy Inspector Donald Cameron Deptity Inspector Roland E. Garmon Clerk Arthur W. Hughes Deputy Clerk Ellese Schofield Teller Sarah F. Healey Teller Mrs. Homer J. Potter Teller _ John A. Murray Teller -- , Precinct, Two L _ . Irving B. Pierce Warden Elizabeth Nourse Deputy Warden Victor Harmon Inspector William E. Manley Inspector George V. Morse Deputy Inspector 1 Madeline J. Corbett Deputy Inspector John H. Dacey Clerk ,• William F. Downe Deputy Clerk Eleanor L. Little Teller Thomas Doherty Teller Edward McGrory Teller Ruth Ray Teller Precinct Three Frederick H. Tullar Warden Harvey F. Winlock Deputy Warden James M. Ahearn Inspector Charles E. Moloy, Jr. Inspector Emma Hovey Deputy Inspector John Sweeney Deputy Inspector James L. McKenzie Clerk Frank P . Cutter Deputy Clerk George Jaynes Teller Katherine Vaughan Teller Matthew Stevenson Teller Clayton Beach Teller • 68 0.1 Precinct Four William E. Mulliken Warden Frank Custance Deputy Warden Clifford R. Harvey Inspector Katherine Kiernan Inspector Irene Robinson Deputy Inspector George Hinchey Deputy Inspector Frank Maguire Clerk Margaret T. Kennedy Deputy Clerk Agnes Hall Teller -- James J. Waldron Teller Harry F. Howard Teller Robert Cady Teller The polls were declared open in each precinct at six o 'clock " A.M. and remained open until eight o'clock P .M. , after which time after due notice, they were closed. The election officers were sworn to the faithfull performance of their duties. The ballots were counted by tie election officers in each pre- cinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as follows: Precinct One 1194 One thousand one hundred ninety-four ' Precinct Two 1145 One thousand one hundred forty-five Precinct Three 1239 One thousand two hundred thirty-nine Precinct Four 1163 One thousand one hundred sixt4-three Total 4741 Four thousand seven hundred forty-one - ' The ballots cast were counted, enclosed in envelopes, sealed, .._. signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office . The Registrars of Voters and the Town Clerk canvassed the re- sult as follows : Precinct One Ballots Cast 757 Seven hundred fifty-seven Precinct Two Ballots Cast 675 Six hundred seventy-five Precinct Three Ballots Cast 666 Six hundred sixty-six Precinct Four Ballots Cast 629 Six hundred twenty-nine Total 2727 Two thousand seven hundred twenty-seven Town Clerk. Prec .1 Prec .2 Prec . 3 Prec . 4. Total James J. Carroll 579 586 587 494 ` 2246 Blanks 178 89 79 135 481 James J. Carroll was elected as Town Clerk for one year. Selectmen -� Thomas F. Costello 32 53 41 43 169 John E. Gilcreast 215 394 363 314 1286 James A. Guthrie 308 38 48 64 458 Clifford W. Pieree 174 171 185 190 720 Blanks 28 19 29 18 94 John E. Gilcreast was elected as Selectman for a term of three years 69 Town Treasurer Prec . 1 Prec. 2 Prec . 3 Prec .4 Total James J. Carroll 596 599 601 512 2308 Blanks 161 76 65 117 419 James J. Carroll was elected as Town. Treasurer for one year. Collector of Taxes Byron C. Earle 387 521 471 404 1783 James A. Moakley 342 136 187 211 876 Blanks 28 18 8 14 68 Byron C. Earle was elected as Collector of Taxes for one year Cemetery Commissioner John E.A. Mulliken 515 . 551 532 488 2086 Blanks 242 124 134 141 641 John E.A. Mulliken was elected as Cemetery Commissioner for three years . School Committee Frederic L. Fischer 234 374 366 281 1255 Raymond L. White 377 244 231 268 1120 Blanks 146 57 69 80 352 Frederic L. Fischer was elected for School Committee for 7-- three years . 1 . L - Constables Patrick J. Maguire 517 573 551 497 2138 John C. Russell 564 558 529 483 2134 Blanks 433 219 252 278 1182 Patrick J. Maguire and John C. Russell were elected Constables for one year. Moderator Robert H. Holt 521 571 535 468 2095 Blanks 236 104 131 161 s 632 Robert H. Holt was elected Moderator for one year. Planning Board C. Edward Glynn 313 414 416 325 1468 Roland B. Greeley 359 458 401 353 1571 'Frank W. Perkins 377 204 201 268 1050 Blanks 465 274 314 312 1365 C. Edward Glynn and Roland B. Greeley were elected to the Planning Board for three years . Trustee of Public Trusts Howard S. 0. Nichols 496 563 4'4 518 458 2035 Blanks 261 112 148 171 692 Howard S. 0. Nichols was elected as Trustee of Public Trusts for six years . , ___, 70 X TOWN MEETING MEMBERS Precinct One Precinct Two William M. Aquaro 255 Alan G. Adams 403 *Ramon C. Baker 420 Tracy W. Ames 280 *Neil H. Borden 314 %: Harold C. Ashley 351 *Donald B. Cameron 454 %; George S. Barton 372 *Malcolm H. Clifford 376 :: Charles S. Beaudry 304 *Joseph L. Dahlstrom 364 Arnold P. Beveridge 272 *Arthur B. Field 471 * Walter G. Black 351 *Mary D. Hatch 375 * Harry C. Boyd 283 — Frederic W. Hibbard 317 * William E. Chamberlain 368 *George M. Hynes 430 Frederic A. Connor 177 *Dorothy Lindsay 342 * Ida M. Dean 314 *Arnold W. Lunt 341 * Arthur H. Earle 341 Charles E. Mathaurs 284 Robert H. Eldridge 247 William E. McCarron 380 ,. Lester F. Ellis 325 Eugene L. Morgan 299 George H.B. Green,Jr. 208 *Maurice A. Page 365 * Basil F. Hawkins 288 *James A. Peirce 382 Clayton A. Hilliard 251 Anthony J. Raciti 193 * Lilian C. Holt 370 *Haskell Reed , 406 * Roger D. Long 312 *Louis J. Reynolds 411 Arthur H. McLearn 151 *Gerald C. Turner 350 Francis H. Ready • 264 . Blanks 5340 Randall W. Richards 250 • John A. Sellars 345 • Julius Seltzer 335 John S. Valentine 262 :; James J. Walsh 2nd 294 • Paul Whipple 338 Blanks 3421 Precinct Three Precinct Four *Alfred A. Adler 290 Edward E. Abell 286 ::Ronald D. Brown 276 D. Jack Allia 159 Harold G. Bowen 137 * Fred B. Bartlett 266 *Albert H. Burnham 381 Homer J. Bartlett 149 James F. Cavanaugh 197 Walter S. Beatty 235 William T. Cavanaugh 152 * William L. Cosgrove 286 Guy S. Chace 244 Charles T. Cogswell 122 Wm. E. Connell 114 %; Howard E. Custance 360 *Bessie G. Davis 284 * George M. Fuller 239 Thomas E. Fitzgerald 213 Archibald R. Giroux 177 Robert J. Gaffney 210 Alfred E. Haynes 222 *Norman C. Hooper 263 William P. Herbert 146 *Eugene G. Kraetzer 319 John T. Hinchey 275 *James H. Lewis 315 Leonard Jellis 172 *Richard W. Maynard 283 * Frederick K. Johnson 305 *Robert D. Mayo 310 Walter E. Jones 163 Elton B. McCausland 184 Lauritz A. Lauritzen 114 John J. McDonnell 171 Roy B. MacLean 106 Paul F. McDonnell 159 Maude Y. March 66 Robert D. McDonnell 146 * Richard. A. Mellen 192 George C. McKay 242 * Everett E. Morrill 231 *Clayton M. Morse 280 Donald. E. Nickerson 207 Alfred C . Mortimer 95 Bernard O'Donnell 144 *Neil McIntosh 253 * Alexander Ohison 249 - John W. Porter 201 Eugene H. Partridge 351 *Lester T. Redman 322 Harry M. Ripley 183 William R. Rosenberger 209 Walter J. Rose 244 *A. Edward Rowse, Jr. 323 Gordon B. Seavey 158 Walter E. Sands 219 * James E. Spellman 195 *George B. Sargent 303 Josepti E. Swan 186 *Clarence Shannon 338 Kenneth H. Tefft 112 *William H. Shurtleff 290 * Raymond L. White 257 *Robert S. Sturtevant 295 George T. Wilson 168 Maurice E. Woodward 169 Thomas C. Wright 142 Blanks 3135 Blanks 3824 Town Meeting Members elected for term of three years 71 Town Meeting Members Precinct Two *Clyde E. Steeves 524 Blanks 151 * Clyde E. Steeves elected Town Meeting Member for two years Precinct Three *Albert W. Emmons 440 *Clifford L. Muzzey 464 Blanks 428 * Albert W. Emmons and Clifford L. Muzzey elected Town Meeting Members for one year. Precinct Four *A. Randall Soderberg 413 Blanks 216 * A. Randall Soderberg elected Town Meeting Member for one year. A true record, Attest: - „ _ Town Clerk / _ _ _ Osmi ADJOURNED TOWN MEETING HELD MARCH 19, 1934 Meeting called to order at 8:05 P.M. , by the Moderator Robert H. Holt. Reading of the warrant by the Town Clerk, James J. Carroll, until further reading waived. Unanimous Town Clerk reads the return of the Constables warrant. Selectman Mr. Trask moves to take up article 2 . Chairman Mr. Rowse of the Appropriation Committee offers the Appropriation Committee' s report, calling attention to the follow- ing changes from original report: Snow Removal be changed from $15,000.00 to $22,000.00 Town Clerk's Appropriation from 1,789.84 to 1,889.84 Town Treasurer 's Appropriation from 1,314.84 to 1,224.84 Under Article 16 for Sewer Construction be changed to $24,000.00 -- $6,000.00 to be appropriated and assessed -- $18,000.00 by issuance of bonds or notes . Total amount of Article 28 to be $3,969.70. Approved and accepted as read. Unanimous 8:08 P.M. Selectman Mr. Trask moves to take up Article B. Voted: to choose such Town Officers as are required by lavrand are usually choosen by nomination. The following nominations were made for Field Drivers : John C. Russell -- Edward C. Maguire Both nominations and elections carried. Unanimous 8:10 P .M. Selectman Mr. Trask moves to take up Article 6 offering the following: Voted that there be appropriated and assessed for the suppression of gypsy and brown tail moths in accordance with Chapter 132 of the General Laws, $2160.00 Carried 8 :11 P.M. Selectman Mr. Trask moves to take up Article 7 offering the following: Voted that there be appropriated and assessed as a Reserve Fund for the current year under Chapter 40, Sec. 6, of the General Laws, $2500..00. Carried 8: 12 P.M. Selectman Mr. Trask moves to take up Article 8 offering the following: Voted that there be appropriated and assessed for pensions for retired members of the Police and Fire Depts. under Chapter 32, of the General Laws, Police Pensions $1095.00 Fire Pensions 1107 .81 Carried 8:13 P.M. Selectman Mr. Trask moves to take up Article 9 offering the following: Voted that the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1934. Carried 8 :14 P.M. 73 Selectman Mr. Trask moves to take up Article 10 offering the following: Voted that there be appropriated and assessed for the support of the Posture Clinic, to be expended under the direction of the Board of Health or by a Committee appointed by said Board. $700.00 Carried 8:15 P .M. Selectman Mr. Trask moves to take up Article 11 offering the following: Voted that the sum of $2,423.63, this being the town'S share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, including interest on temporary notes issued therefor, be and the said sum is here- by appropriated. That a further sum of $619.24, this being the town' s share of the expense incurred under the provisions of Chapter 331 of the Acts of 1933, which provided for the settlement of certain claims of the Commonwealth against the Middlesex County Tuberculosis Hospital District, be and the same is hereby appro- priated, Carried 8 :16 P .M. Selectman Mr. Trask moves to take up Article 12 offering the following: Voted that the sum of $1716 .16 be transferred to the Cary Library Account he same being the sum received from the Middlesex County for dog fees . Carried 8:17 P .M. Selectman Mr. Trask moves to take up Article 13 offering the following: Voted that an agreement between the Town of Lexington and the United States of America dated January 13, 1934 for certain proposed improvements in the sewer system, Docket #2066, signed on behalf of the Town of Lexington by the Chairman of the Board of Selectmen be and it lerebv is ratified, approved and adopted. Carried 8 :19 P .M. 4-- Selectman Mr. Trask moves to take up Article 14 offering the following: Voted that an agreement between the Town of Lexington and the United States of America dated February 3rd 1934 for certain Proposed improvements inthewaterworks system, Docket #2263, signed on behalf of the Town of Lexington by the Chairman of the Board of Selectmen be and it hereby is ratified, approved and adopted. Carried 8:20 P.M. Selectman Mr . Trask moves to take up Article 18 offering the following: Voted that the Selectmen be authorized to con- struct Pleasant Street, from Massachusetts Avenue to Watertown Street, under Chapter 90 of the General Laws , providing the State and County contribute a like amount , and for the purpose of said construction the sum of $7,500. be appropriated.and assessed. Carried 8:25 P .N. Selectman Mr. Trask moves to take up Article 5, Mr. Houghton offering the following: Voted that the sum of $198,819.98 be appropriated and assessed for the support of the public schools and for the payment of tuition at vocational schools for the current year. Discussion by the following: Messrs Houghton, Mulliken, Grindle, dowse, Burke, and Webster. Amendment offered Li by Mr. Mulliken, salaries of school department be increased five per cent. Moderator states , in order to first decide on the amendment, which was put to a vote and declared lost. Result of vote doubted with the following results from a rising vote : In favor Tellers Opposed 20 Nary , 18 32 Kraetzer 61 15 Meriam 19 67 98 Declared lost 8 :40 P.M. _ _ 74 C31 Pomei Main motion as Presented by Mr. Houghton put to a vote. Carried unanimously 8 :42 P.M. Under Article 5 Selectman Mr. Trask Offered the following: Voted that the following amounts be appropriated and assessed for the current year : For the salary and expenses of the Town Accountant ( of which $2550 is for salary) $3050 .00. For the administration of Trust Funds , $65 .00. For the expenses of the Appropriation Committee, $125 .00. For the salary and expenses of the Board of Assessors, ( of which $1000 is for salary of the Assessors ) $5825 .00. For the expenses of the Board of Appeals, $200.00. For the salary and expenses Df the Building InsPector, ( of which $990 is for salary) $1140.00. For the salary of the Inspector of Animals, $500.00t For the maintenance of Munroe Cemetery, $1500.00. For the salary and expehses of the Collector, (of which $1785 is for salary) $4921.00. For the expenses of the dental clinic, $1570.00. For the salary of the Dog Officer, $50.00. For Elections and Registrations, 4200.00. For the salaries and expenses of the Engineering Department 310297.56. For salaries and expenses of the Fire Dept . $36412.83. For the expenses of foreclosure and redemption of tax titles held by the Town $2000.00. For the expense of Forest Fires , $700.00. For the expense of collecting garbage, $3600.00. For the maintenance of public health and sanitation, $7500.00. For the maintenance and care of highways , $42000.00. For Hydrant Rentals, $7635 .00. For insurance, $10000.00. For the payment of interest on the public debt and the sum of $9258.75 to be transferred from Water Maintenance Account, ( $43626 .88) $34368.13. For legal services, ( of which $850 .00 is for salary of the Town Counsel ) $2500.00. For the support of the Libraries, $11179.50. For the Payment of the bonded indebtedness maturing in 1934 the sum of $128855.85. For the proper observance of Memorial Day, to be expended under the direction of Post 119 of the Grand Army of the Republic, $250.00 . For Military Aid, $100.00. For Old Age Assistance in accordance with General Laws , Chapter 118A inserted by Acts of 1930, Chapter 402, $10500.00. For Other Finance Offices and Accounts, $150 .00. For the maintenance of public parks and playgrounds, $12501.00. For the expenses of the April 19th Celebration, $250.00. For the expenses of the Planning Board, 8250.00. For the salary and expenses of the Plumbing Inspector, (Of which $800.00 is for salary) $850.00. For the salaries and expenses of the Police Department, $30500.00. For the expense of the Public Welfare Department, #30000.00. For the salary and expenses of the Supt. of Public Works, (of which $3300 is for salary) 84250.00. For the expense and operation of the Public Works Bldg. , $4560.00. For removal of ashes and care of dumps , $2000.00. For the salary and expenses of the Sealer of Weights and Measures, ( of which $400 is or salary) 8475 .00. For salaries and expenses of the Selectmen' s Dept. ( of which $250.00 is for expenses of Sel-ctmen for 1934) $3850.00 . For the expenses of the Sewer Maintenance Dept . , $6000.00. For the protection of public shade trees and for the Planting of shade trees , $1400.00. 75 For the construction of sidewalks of granolithic where the abuttors will pay one-half the expense, $1200.00. For the salary of the Inspector of Slaughtering, $600.00. For the expense of removal of snow and ice, $22000.00. For Soldiers ' Burials , $100.00. For Soldier' s Relief, $2500 .00. For State Aid , $300.00. For the expense of Street Lights , $21400.00. For the construction and repair of street signs, $250.00. r-- For the salary and expenses of the Town Clerk, ( of which $1530.00 is for salary) $1889.84. For the expenses of the Town Office Bldg. and Gary MeMorial Building. ( 8, 000.00) For the salary of the Town Physician, $750 .00. For the expense of printing and publishing the Town Report, $825.10. For the expenses of Traffic Regulation and Control, $1300.00. For the salary and expenses of the Town Treasurer, ( of which $630. is for salary) $1224.84. For Unclassified Expenses , $200.00. For Vital Statistics , $50.00. For Water Maintenance Account, $71037 .75 and that the amount of receipts in excess of this appropriation be reserved to be appropriated for Water Department purposes . For the salary and expenses of the Wire Inspector, ( of which $500. is for salarj, $535 .00. Selectman Mr. Trask moves to take up Article 4 offering the following: Voted that the Town Treasurer with the approval of the Selectmen be and hereby is authorized to borrow money from time to timeoin anticipation of revenue of the present financial year, and to issue .terefore, a note or notes to be paid from the revenue of the present financial year . Unanimous 9 :04 P .M. Selectman Mr . Trask moves to take up Article 36 . Selectman Mr. Lyons offers the following: Voted that a committee of three, • one of which shall be a member of the Stanley Hill Post No. 38, the American Legion, be appointed by the Moderator to select a permanent location for the German Field Piece which was given to the Town through the efforts of Hallie C. Blake, and which was duly accepted by the Town at a Town Meeting held April 27, 1931, and that said committee report their recommendations to the next town meeting. )\_ Carried 9:05 P.M. Selectman Mr. Trask moves to take up Article 15 offering the following as first part: Voted that the Report of Progress of Metcalf and Eddy, Engineers, with respect to the surface drainage in East Lexington be accepted, and the recommendation designated, "Project for Early Construction" providing for a drainage channel from a point in Massachusetts Avenue thence under the Boston and Maine R. R. track and across Fottler Avenue to a point just beyond Bow Street, be adopted . Second part---and further voted that the sum of $5,000 be appropriated and assessed to pay for the cost of completing the survey of the drainage areas of the Town as authorized by the Town dt a Town Meeting held October 16, 1933. Mr. Ryder asks to have complete report read. Selectman Mr . Trask states that because of the length of the report the reading would take too long. Motion to accept report carried unanimously 9 :14 P.M. First part of vote as presented carried unanimously 9 :15 P.M. Second part of vote as presented carried unanimously 9 :16 P.M. Selectman Mr . Trask moves to take up Article 16 offering the following which was presented in two parts : Voted that the Select- men be authorized and instructed to provide for the disposal of surface drainage in East Lexington, as recommended by Metgtalf and Eddy, Engineers, by constructing a drainage channel from a point in Massachusetts Avenue thence under the Boston and Maine Railroad track and across Fottler Avenue to a point just beyond Bow Street, andto take the necessary easements therefor by eminent domain, and for the purpose of said drainage construction the sum of $24,000 be and hereby is appropriated, of which $6,000 is to be appropriated and assessed, ( first part) and the Town Treasurer, with the approval of the Selectmen, be authorized to borrow the sum of $18,000 and to issue bonds or notes therefore payable in accordance with the law. ( second part) Explanations by Selectman Mr. Trask and showing of plans on screen. Questions by Messrs . Sarano, Nichols, Wrightington, Ryder and Worthen . Original motion as presented, first part was carried unanimously 9:49 P .M. Second part as presented: unanimous 9:50P.M. Selectman Mr. Trask moves to take up Article 19 offering the following: Voted that the Selectmen be authorized to install water mains, not less than six inches in diameter and subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor in the following Streets : / Winter Street, from Bedford Street a distance of approximately 1050 feet ; Hillcrest Avenue, from Fottler Avenue a distance of -approximately 1000 feet; and for the purpose of said construction and installation of water mains the sum of $7700 be transferred from the Water Department Available Surplus Account to the Water Construction Account . Carried unanimously 9 :58 P .M. Selectman Mr. Trask moves to take up Article 25. Mr. Houghton Chairman of the School Committee offering the following: Voted: That the sum of $11,000 be appropriated and assessed for providing additional school accommodations for the Junior and Senior High Schools . Discussion by Messrs . Ryder, Houghton, and Dr . Walsh. Dr. Walsh moves for indefinite postponement. Dr . Walsh' s motion presented, declared lost 10 :07 P.M. Mr. Lamont asks if it is to be a permanent building. Answered yes . Original motion as presented carried unanimously 10: 14 P .M. Selectman Mr. Trask moves for adjournment until 8 :p.m. March 26 , 1934. Unanimous 10 :15 P.M. A True Record Attest: ,0°11f • T. Clerk 77 Special Meeting of Town Meeting Members of PreCinct 3 Special meeting held March 26, 1934 by Town Meeting Members of Precinct three, Estabrook Hall. Meeting called to order by Town Clerk, James J. Carroll at 7 :43 P .M. with thirty-one members present. 7(he Town Clerk explained the purpose of the Meeting, because Lof the appointment of Randall B. Houghton as Chairman of the School Committee it made it necessary to fill his vacancy as Town Meeting Member, term expiring 1936. It was unanimous that nominations for Chairman and Clerk for the meeting be made from the floor. Everett S. Emery was nominated and seconded as Chairman for the meeting. Voted unanimous . Robert C . Merriam was nominated and seconded as Clerk. Voted unanimous . Nominations to fill the vacancy were made from the floor as follows : George C. McKay Walter E. Sands William R. Rosenberger The three above nominations were seconded. The following tellers who also served as counters were appointed: Alfred A. Adler Richard E. Rowse Leland H. Emery 7— The above tellers passed out ballots making known the following count as ballots cast: George C . McKay 14 Walter E. Sands 10 . William R. Rosenberger 7 31 George C. McKay was declared elected. A True Record Attest : Clerk Lexington, Mass. , March 26, 1934 Being duly nominated and elected I hereby accept said election as a Town Meeting Member of Precinct 3 Term expiring 1936 . ..._ George C. McKay 78 Cil Second adjourned Town Meeting of the Arcual Town Meeting held March 26, 1934 The Meeting was called to order by the Moderator Robert H. Holt at 8 :08 P .M. There were 155 Town Meeting members present. Under Article 2 Senator Joseph R. Cotton offers report of Committee on Revision of the By-Laws, reading of same being waived and signed by John A. Lyons Francis E. Burke Joseph R. Cotton Robert H. Holt Senator Cotton moves report be received and placed on file. Unanimous 8:10 P.M. Under Article 2 Mr. Howard S. 0. Nichols reads the retorts of the Franklin School Building Committee and the Adams School Building Committee as follows : To the Town of Lexington: The Franklin School Building Committee has carried out the instructions given them at the Town Meeting on June 9, 1'330 and in accordance with their report accepted by the Town of that date. The Committee, therefore, submits the following Financial Report . FINANCIAL STATEMENT OF FRANKLIN SCHOOL BUILDING COMPMTITTEE APPROPRIATIONS: March 18, 1929 $ 3,000. June 9, 1930 132,000. 135,000 STATEMENT OF COST General Contract S108,873.42 Architects ' Fees 6,750.73 School Furniture & Furnishings 6,043.09 Sprinkler System 2, 927.70 Grading & Driveways 1,540.00 Land 6,000.00 Lighting 742 .00 Fence 528.06 Storm Windows and Screens 397 .31 Blueprints 158.00 Borings 205 .87 Painting 176.00 Connecting Fire Alarm System 300.17 Boiler Grates 73.00 Miscellaneous 10.15 TOTAL EXPENDITURE 8134,725.50 UNEXPENDED BALANCE 274.50 $135,000.00 135,000.00 Signed: James Stuart Smith Minnie A. Glynn Howard S. 0. Nichols Howard E. Custance Clyde E. Steeves W. H. Ballard Clara W. Barbour December 31, 1933. 79 To the Town of Lexington: The Adams School Building Committee has carried out the instructions given them at the Annual Town Meeting on March 16, 1931 and in accordance with their report accepted by the Town of that date. The Committee, therefore, submits the following Financial Report FINANCIAL STATEMENT OF ADAMS SCHOOL BUILDING COMMITTEE APPROPRIATIONS: December 2, 1930 $ 2,500 March 16 , 1931 85,000 $87,500. STATEMENT OF COST General Contract $73,566 .40 Architects ' Fees 4,609.46 School Furniture & Furnishings 4,128.55 Sprinkler System 2 ,806.52 Repairs on Original Building in addition to General Contract 1,080.32 Grading and Driveways 1,048.48 Blueprints 32.34 Borings 99.65 Miscellaneous 48.31 TOTAL EXPENDITURE $87,420.03 UNEXPENDED BALANCE 79.97 $87,500.00 $87,500. 7- ,Signed: James Stuart Smith Minne A. Glynn Howard S. O. Nichols Howard E. Custance Clyde E. Steeves W. H. Ballard Claire S. Ryder ,--- December 31, 1933 Mr. Nichols moves reports be accepted and Committee be discharged. Unanimous 8: 13 P .M. Under Article 2 Selectman Mr. Trask offers the following: Voted: That a committee of three , of whom the Moderator shall be a member, be appointed to have charge of the Cary Lectures for the next lecture season. Unanimous 8:14 P.M. Under Article 2 Selectman Mr. Trask offers the following : Voted: That a Committee of seven be appointed by the Moderator consisting of the Chairman of the Board of Selectmen, the Chair- man of the School Committee, the Chairman of the Appropriation Committee and one Town Meeting,. Member from each precinct for the Purpose of making recommendations to the Town Meeting concerning the restoration of the salary cut which became effective July 1st. 1933, report to be made at some special Town Meeting during the current year. Unanimous 8:16 P.M. _ _ 80 C.3l Selectman Mr. Trask moves to take up Article 20 offering the following: Voted that the Selectmen be authorized to install water mains, not less than six inches in diameter, in Hill Street from the Lexington Golf Club to Sargent Street a distance of approximately 1600 feet, and in such other streets as the Selectmen shall designate in accordance with authority contained in the By-Laws of the Town, and for the purpose of said construction and installation of water mains the sum of $4320 be transferred from the Water Department Available Surplus Account to the Water Con- struction Account and the sum of S3500 be appropriated and assessed. Unanimous 8 :19 B.M. Selectman Mr. Trask moves to take up Article 17 offering the following: Voted that the Selectmen be authorized to re- place the bridge over Vine Brook in Sherman Street with a culvert, and for the purpose of said construction the sum of $500 be and hereby is appropriated and assessed. Unanimous 8:20 P .M. Selectman Mr. Trask moves to take up Article 21 . Voted that this article be indefinitely postponed . Unanimous 8:21 P.M. Selectman Mr. Trask moves to take up Article 22 offering the following which was presented and voted in four parts : Voted that the SelecLman be authorized to install a sewer in Bow Street, from the Trunk Line Sewer to Theresa Avenue a dis- tance of approximately 476 feet, subject to the assessment of betterments; first part, unanimous 8:23 P.M. Voted that the Selectmen be authorized to install a sewer in Cliffe Avenue from Bow Street a distance of approximately 440 feet northerly; subject to the assessment of betterments : second part, unanimous 8:24 P .M. Voted that the Selectmen be authorized to install a sewer in Theresa Avenue from Bow Street a distance of approximately 250 feet westerly, subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor: third part, unanimous 8:25 P.M. and for the purpose of said construction and installation of sewer mains the sum of $4,000 be transferred from the Sewer Assessment Fund to the Sewer Construction Account . fourth part, unanimous 8:26 P .M. Selectman Mr. Trask moves to take up Article 23 offering the following: Voted that the town authorize the treasurer with the approval of the Selectmen to extend as much as is necessary of the revenue loans of 1934 for a period not to exceed six months beyond the maximum term provided by law for an original revenue loan under authority of and in accordance with the pro- visions of Chapter 3 of the Acts of 1933. unanimous 8 :27 P.M. Selectman Mr. Trask moves to take up Article 24 offering the following: Voted that the town treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1934, in accordance with the provisions of Section 17, Chapter 44, General Laws ; any debt so incurred to be paid from the revenue of the year 1934. Discussion by Messrs . Rucker, Rowse, Greeley and Cutter. Amendment offered by Mr. Rucker -- same not presented in writing. Amendment declared lost at 8:40 P .M. Original motion as presented carried unanimous 8:41 P.M. 81 Selectman Mr. Trask moves to take up Article 26 offering the following: Voted that the sum of $1356.68 be appropriated and assessed to reimburse the Water Department for materials, equipment and labor furnished to the Highway Department during the years 1929 to 1933 inclusive. Questions by George H. Fuller. Result of rising vote as follows : In favor Tellers Opposed 21 Clark 8 32 Nary 33 25 Lindsay 3 78 44 Carried 8 :47 P .M. Selectman Mr . Trask moves to take up Article 27 offering the following: Voted that the sum of $159.60 be appropriated and assessed to provide for the payment of a bill to Walter G. Black for repairs to the Public Works Dept. Building, and further voted that said sum be paid to the Water Department in settlement of certain indebtedness of said Walter G. Black. Unanimous 8:50 P.M. Selectman Mr. Trask moves to take up Article 28 offering the following: Voted that the following amounts be appropriated and assessed for the unpaid bills for the year 1933 of the following accounts : Assessors ' Department $ 8.50 Fire Department 827 .29 Health Department 78 .00 Highway Department 120.99 Parks & Playgrounds 79.29 Police Department 18.90 Planning Board 132.85 Public Welfare Department 2100.00 Public Works Building - Operation 8.38 School Department 280.48 Selectmen's Department 12.35 Snow Removal 57.60 Soldiers' Relief 101.14 Town Offices & Cary Memorial Building 143.93 $3969.70 Unanimous 8 :55 P .M. Selectman Mr. Trask moves to take up Article 29 offering the following: Voted that the sum of $2,500 be appropriated and assessed for the installation of ten new fire alarm boxes and the replacement of ten fire alarm boxes with boxes of the latest type. Unanimous 9 :01 P.M. Selectman Mr. Trask moves to take up Article 30 offering ® the following: Voted that the sum of $4000 be appropriated and assessed for repairs to the trunk line sewer installed in 1915. - Unanimous 9 :02 P .M. Selectman Mr . Trask moves to take up Article 31 offering the following: Voted that the Town accept the lay out as a town way of Blake Road, from Simonds Road to Eaton Road, a distance of approximately 210 feet, all as laid out by the Selectmen under the Betterment Act, and as shown on plan on file in the Town Clerk' s Office dated February 19, 1934, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $900 be appropriated and assessed . 82 Reading of order waived. Mr. Cutter offers amendment. Amendment offered by Mr. Cutter withdrawn- Original motion as presented carried unanimous 9 :13 P .M. Selectman Mr . Trask moves to take up Article 32 offering the following: Voted that the Town accept the lay out as a town way of Eaton Road from Bertwell Road to Blake Road a dis - tance of approximately 792 feet, all as laid out by the Select- men under the Betterment Act, and as shown on plan on file in the Town Clerk' s Office, dated February 19, 1934, and to take by eminent danain the necessary easement therefor, and �. for the purpose of constructing said street the sum of $4200 be appropriated and assessed. Reading of order was waived. Motion as presented carried unanimous 9 :14 P. M. Selectman Mr. Trask moves to take up Article 33 offering the following : Voted that the Town accept the lay out as a town way of Gleason Road, from Simonds Road to Williams Road, a distance of approximately 658 feet, all as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the Town Clerk' s Office, dated February 19, 1934 and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street, the sum of $3,425.00 be appropriated and assessed. Reading of order was waived. Motion as presented carried unanimous 9 :15 P. M. Selectman Mr. Trask moves to take up Article 34 offering the following: Voted that the Town accept the lay out as a town way of Valley Road, from Bedford Street a distance of approximately 1050 feet, all as laid out by the Selectmen under the Betterment Act, and as shown on plan on file in the Town Clerk' s Office, dated February 12, 1934, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $1000.00 be appropriated and assessed. Reading of order was waived. Motion as presented carried unanimous 9 :20 P.M. Selectman Mr. Trask moves to take up Article 35 offering the following: Voted that the Town accept the lay out as a town way of Fletcher Avenue, from Woburn Street a distance of approximately 1500 feet, all as laid out by the Selectmen under the Betterment Act and as shown on plan on file in the Town Clerk' s Office, dated February 12, 1934, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $4,000.00 be appropriated and assessed. Reading of the order was waived. Motion as presented was carried unanimous 9 :22 P .M. Selectman Mr. Trask moves to take up Article 37 offering the following: Voted that the following described parcels of land, acquired by the Town by tax title, be added to the North Lexington Playground: Land formerly of Joseph Whitlock, Being lot number 3, in Block numbered 70, fronting on Willow Street, on a plan of lots of Mark C. Meagher, surveyed by E.A.W. Hammett, C.E. , and recorded in the Southern District of Middlesex County, Regisry of Deeds , Book 77, Page 24, and dated 1892 . 83 Land formerly of Thomas W. Joy, Being lots numbered 4 and 5, in block numbered 70, fronting on Willow Street, on a plan of lots of Mark C. Meagher, surveyed by E.A.W. Hammett , C .E. , and recorded in the southern district of Middlesex County, Registry of Deeds , Book 77, and dated 1892 . Land formerly of Ellen Keating , Being lots numbered. 6, 7 and 8 in block numbered 70, fronting on Willow Street , on a plan of lots of Mark C. Meagher, surveyed by E.A.W. -- Hammett, C .E. , and recorded in the southern district of Middlesex County, Registry of Deeds , Book 77, and dated 1892 . Tax Title recorded April 1, 1915 , Book 3957, Page 426 . Questions by Mr. Ryder. Motion as presented carried unanimous 9:27 P.M. Selectman Mr. Trask moves to take up Article 38. Mr. Duffy reads vote as follows : Voted: That the Town Zoning By-Law and map be amended by adopting the following amendments thereto :- (a) By substituting for Section 3, C. 1 Districts , Article 17, the following:- "17 . Upon the northerly side of Massachusetts Avenue beginning at Vine Brook and extending westerly to the easterly line of Meriam Street, throughout its length extending northerly to the Railroad property ." (b) By substituting for Section 3, C. 1 Districts , Article 18, the following:- - "18. Upon the Southerly side of Massachusetts Avenue beginning at the westerly line of Wallis Court and extending westerly to a point opposite the east- erly line of Meriam Si-reet , and of a depth of 100 feet from the southerly line of Massachusetts Avenue, throughout ." Mr. Duffy reads the following report : The Planning Board as required by Section 17 of the Zoning .Law held a public hearing on November 17, 1933, for the consideration of the above amendments which were proposed by the Board. The Board has for a long time felt that as a measure of [ • protection to the Town property as well as the property of other owners in the general vicinity, steps should be taken so that no further business should be permitted on the southerly side of Massachusetts Avenue from Wallis Court to Winthrop Road, also on the northerly side of Massachusetts Avenue from Vine Brook to the junction of Fletcher Avenue and Woburn Street. The Board recognizes in recommending this change that care- ful consideration should be given as to whether the areas already zoned for business in the center of the Town will be sufficient for the future needs of the Town in the event that the Town votes to make the changes which we recommend. We have accordingly made careful studies of the actual amount of space in the center of the Town in which business is now Permitte4, the areas already utilized, as well as the area involved in the change which we propose and we believe that should this change be made, sufficient space will remain to provide adequate accommodations for all busi- ness required by the Town for many years . In this connection con- sideration must also be given to the very substantial areas on Woburn Street near Massachusetts Avenue and on Bedford Street, already zoned for business, both of which areas are in the general vicinity of the business area in the center of the Town and at present actually utilized for business only to a very limited degree. 84 The Board appreciates that another important aspect of a change of this character is the feeling of the property owners affected by the change . Dr. Barnes, owner of the large area adjacent to the Cary Memorial Building, appeared before the Board and favored the change. He also advised us that he had refused the offer of the sale of a portion of this land on which it was intended to erect one story stores because of this belief that there appeared no need for business at that point and furthermore that the intro- duction of business would only injure the town ' s property as well as his own and other property owners in the general vicinity. .� We are also advised by the Standing Committee of the Baptist Church that it favors the change because of the changes that have taken place on the avenue, particularly in view of the location of the town buildings . The Selectmen, in a letter to the Board, stated that the entire board is very much in favor of the change provided it can be accomplished without expense to the Town. Likewise Mr. Thivierge, owner of a parcel on the southerly side of the avenue is in favor if other owners are willing to consent to the change. Mr. Daniel J. O'Connell, owner of properties on the southerly side of the avenue, although having on at least two accasibns, once before the Planning Board and again at a Town Meeting, re- corded himself in favor of changing these areas from business to residence, fret at the hearing of the Board on this matter requested through his representative that he be recorded as opposed. No reasons were given the Board in explanation of Mr. O'Connell' s change of position. Mrs. Leary, owner of a parcel at the junction of Fletcher Avenue and Woburn Street, is opposed to the change. Also opposed are Anstiss Hunt et al, owners of a partbl at the junction of Wallis Court and Massachusetts Avenue. These latter owners state that their troperty has been tazed in excess of its value as a residence and they have paid these taxes in contemplation of later using the property for business purposes . Whether or not an over- assessment exists, the Planning Board feels that this should not prejudice the proposed change in zoning inasmuch as property owners who feel that they have been over-'taxed have recourse through application for abatement . It is the opinion of the Town Counsel that in view of the fact that zoning districts are e-tablished under the police power and not under the power of eminent domain the right to damages would not accrue from a change of such character as the Board now proposes. It therefore seems to the Board in z7iew of all the consider- ations that this phange ought to be made . Such action will pro- tect valuable Town property from the intrusion of business ; will protect and stabilize the value of all the property affected by the change and will enhance the value of property in remaining business areas, areas , which are ample for the business needs of the Town for many years to come. The Planning Board therefore recommends that these amendments be adopted by the Town. The Planning Board J. Henry Duffy Roland B. Greeley C. Edward Glynn Edward W. Kimball Lexington, Mass. Sheldon A. Robinson March 23, 1934 85 Moderator suggests motion should be acted upon as separate votes. Therefore, the first section or northerly side of Mass- achusetts Ave. area between Vine Brook and Meriam Street was put to a rising vote.with the following results : In favor Tellers Opposed 21 Clarke 5 48 Nary 15 24 Lindsay 3 93 23 Carried 9 :40 P .M. Discussion by following: Messrs Cutter, McIntosh, Glynn Wrightington, and Hill. Rising vote for item B the southerly side of Massachusetts Avenue, as follows : In favor Tellers Opposed 12 Clarke 14 19 Nary 60 17 Lindsay 10 48 84 Declared lost 9:55 P.M. For items C, D, & E Mr. Duffy moves for indefinite postponement . Carried unanimous 9:56 P.M. Under item ( f) Mr. Duffy reads the following: Voted:- That the Zoning By-Law be amended by substituting for Section 10 the following :- ' Section 10. Non-Conforming Uses. Any use or building, non-conforming on May 2 , 1924, at the time of adoption of the original Lexington By-Law, may be con- tinued for the same purpose or for purposes not substantially different ; any such building may be repaired or str :cturally altered but shall not be rebuilt if destroyed to the extent of 901; of its insurable value ; no such use or building shall be extended or enlarged nor, if discontinued for a substantial period of time , shall such use be resumed except subject to the provisions of Section 9." Mr . Duffy reads the following report: The Planning Board as required by Section 17 of the Zoning Law held a public hearing on March 1, 1934, for the consideration of the above amendment which the Board proposes . Aside from a more orderly arrangement of wording there are but two changes in this proposed Section. First, under the present section a non-conforming use of Lbuildings only has been provided for. The -roposed section includes use irrespective of buildings under the same conditions . . Second, under the present section there is no mention of time during which a discontinuance of non-conforming use voids a further continuance . It might be inferred that cessation immediately prohibits the renewal of former uses . The proposed section specifies a 'tsubstantial period of time" may elapse . It is obviously unfair to establish a fixed period to apply in each and every case. 86 ;kt proal The Board feels that this change is for the best interests of the individual as well as the town as a whole and recommends that the amendment be adopted. The Planning Board J. Henry Duffy Roland B. Greeley Sheldon A. Robinson Edward W. Kimball C . Edward Glynn March 26, 1934. Mr. Chamberlain offers an amendment. Same ruled by Moder- ator as not being in order. Discussion by Messrs O 'Connell, McIntosh, Wrightington, and Ryder. Mr. O'Connell moves for indefinite postponement . Carried unanimous 10 :05 P .M. Under item (g) Mr. Duffy offers the following: Voted:- That the Zoning By-Law be amended by substituting for Section 16, the following: "Section 16. There shall be a Board of Appeals of five members who shall be appointed by the Selectmen for terms of five years each, the term of one appointee to expire each year. The terms of the members of the Board first appointed after the adoption of this by-law shall expire in such order as the Selectmen shall designate. The Selectmen shall also appoint annually two associate members of the Board of Appals one or both of whom may be designated by the Select- men from time to time to take the place of a regular member or members of the Board of Appeals as to cases arising under this by-law in case of vacancy, inability to act or interest . " Mr . Duffy reads the following rensort : The Planning Board as required by Section 17 of the Zoning Law held a public hearing on March 1, 1934, for the consideration of the above amendment which the Board proposes . This amendment is made necessary by Chapter 269 of the General Laws amending Chapter 40 which includes Section 30, re- ferring to Boards of Apneal. Under the new Act the organization functions and methods of procedure for that board are set forth more clearly than in the previous law. The Planning Board realizes that the metnods to be followed in taking Appeal are more clearly set forth in the present Section 16, but is advised that the Attorney General is opposed to an amendment which includes provisions that are specifically set forth in the General Laws. It is therefore proposed, when issuing future editions of the Zoning By-Laws , to include as a footnote or appendix a coEiy of the revised Section 30 of Chapter 40 of the General Laws , or as much thereof as is Pertinent, together with such rules of the Board of Appeals as are necessary for the direction of those who desire to take advantage of them. The Planning Board feels that, with these additions, the matters covered by Section 16 of the Zoning By-Law will be more explan- atory than they are now, and recommends that the Town adopt this amendment ,. The Planning Board J. Henry Puffy Roland B. Greeley Sheldon A. Robinson Edward Glynn Edward W. Kimball 1? Explanations by Mr. Wrightington . Rising vote as follows : In favor Tellers Opposed - 29 Clarke 0 74 Nary 0 30 Lindsay 0 133 0 • Declared unanimous 10 :12 P .M. Mr. Duffy asks for reconsideration of item (a) of Article 38 at 10 :13 P.M. Moderator asks for the time said item was passed. Recorded by Town Clerk as 9 :40 P .M. whereby Moderator declares reconsid- eration not in order for the reason thirty minutes having elapsed. Mr. Duffy under Article 38 presents item (h) and offers the following: (h) By substituting for Section 17 the following: "Section 17. Amendments . Amendments to this By-Law be proposed by the Planning Board, by vote of the Town r 1,1 Meeting, or by a petition signed by owners of 50 per cent in valuation of the property' designated by the Planning Board as affected by the proposed amendment; except that no proposed amendment which has been acted upon by vote, of the Town Meeting shall be proposed again by petition in substantially the same form within one year of such action. The Planning Board shall hold a public hearing for consid- eration of each amendment so proposed, notice of which shall be published in a newspaper published in the Town and mailed to such interested parties as the Board shall designate, fourteen days at 10t before the date fixed for such hearing . No amendment shall be voted upon by the Town until after the Planning Board has submitted a final report thereon with recommendations to the Town Meeting. " Mr. Duffy reads the following report: The Planning Board under Section 17 of the Zoning By-Law held a public hearing on March 1, 1934, on this proposed amendment which is initiated by the Planning Board. The proposed amendment, a new Section 17, having to do with methods of amending the Zoning By-Law, includes all the provisions of the old section; An amendment may be initiated by the Town Meeting: by petition of a group of citizens ; or by the Planning Board itself. The Board thereupon holds a public hearing, and submits its report and recommendations to the Town Meeting. In addtion, the new section limits the frequency with which a Petition on any one amendment may be presented, specifying that after the Town Meeting has once taken action upon it, the same Petition may not be again presented for action within a year from that time. So long as circumstances with respect to any proposal remain unchanged, after a thorough study has been made by the Board and the Town has rendered its decision, it does not seem reasonable that the same matter should be repeatedly presented. On the other hand, should any essential conditions change meantime, and the Planning Board be persuaded that the best interests of the Town warrant a reconsideration, the Board may upon its own initiative -- -- hold a hearing and make its recommendations accordingly. In the opinion of the Board, this added Provision does not unreasonably restrict the right of any citizen in his effort to obtain a change in the Law. Moreover, any amendment to a Town By-law is of sufficient importance to come before the annual Town Meeting when a fully representative body of voters is present and it is the thought that in practice this will be the usual result although not actually a requirement of the new Section. It is also felt that in its new form, this section ex- e� presses its provisions more directly than does the old, thus being in line with the endeavor to improve the Zoning By-law as a working instrument as well as to fit it to changing con- ditions. The Planning Board therefore recommends the adoption of this amendment. J. Henry Duffy Roland B. Greeley Sheldon A. Robinson Edward W. Kimball C. Edward Glynn, March 26, 1934 Discussion by Messrs Fuller, Wrightington, O'Connell, Ryder, McIntosh, and Burke. Mr. Hollis Webster moves for indefinite postponement. unanimous 10:32 P.M. Selectman Mr. Trask moves meeting dissolve. unanimous 10:33 P.M. A True Copy Attest ((/) (7"J -• ---- - / m• Clerk J 9 , • n THE COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . To either of the Constables of the Town of Lexington, Greeting: In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to meet in Emerson Hall, Precinct One ; Cary Memorial Hall, Precinct Two, Three and Four on Tuesday, the Twenty-fourth day of April, 1934. at four o'clock P.M. , for the following purposes : To bring in their votes to the Primary Officers for the ELECTION of Candidates of Political Parties for the following offices : DISTRICT MEMBER OF STATE COMMITTEE for each political party for the Seventh Middlesex Senatorial District. MENDERS OF THE DEMOCRATIC TOWN COMMITTEE. MEMBERS OF THE REPUBLICAN TOWN COMMITTEE. DELEGATES TO STATE CONVENTION OF THE DEMOCRATIC PARTY. DELEGATES TO STATE CONVENTION OF THE.REPUBLICAN PARTY. All the above candidates are to be voted for upon one ballot. [— The polls will be open from four o' clock P.M. to eight o' clock P.M. And you are directed to serve this warrant by posting attested copies thereof seven days at least before the time of said meeting as directed by vote of the town. Hereof fail not and make return of this Warrant with your doings thereon at the time and place of said meeting. Given under our hands this tenth day of April, A.D. , 1934. Robert P. Trask) John E. Gilcreast ) SELECTMEN Charles E. Ferguson) OF Daniel J. O'Connell) LEXINGTON John A. Lyons) April 16, 1934. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town 8 days before the time of said meeting. Patrick J. Maguire Constable of Lexington 90 PRE PRIMARY STATE ETIFCTION April 24, 1934 The following election officers had been appointed by the Selectmen and were assigned to duty at the Town Precincts as follows : Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Mary A. Rowland Dep. Warden Elizabeth Nourse .— Nellie E. Harrington Inspector Victor Harmon George E. Foster Inspector Randall Richards Alfred Hayward Dep. Inspector George V. Morse Donald Cameron Dep. Inspector Madeline J. Corbett Roland E. Garmon Clerk John H. Dacey Arthur W. Hughes Dep. Clerk Frederick Connor Precinct Three Precinct Four Frederick H. Tullar Warden Howard E. Custance Harvey F. Winlock Dep . Warden Harry F. Howard James M. Ahearn In53ector Harry Frost Charles E. Moloy Jr . Inspector Katherine Kiernan Emma Hovey Dep. Inspector Irene Robinson John Sweeney Dep. Inspector James L. McKenzie Clerk Frank Maguire Samuel W. Wellington Dep. Clerk Margaret T. Kennedy The polls were declared open in each Precinct at four o' clock P .M. and remained open until eight o' clock P .M. at which time after due notice they were declared closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows : Precinct One Twelve hundred twenty ( 1220) Precinct Two Eleven hundred forty-seven ( 1147 ) Precinct Three Twelve hundred thirty-three (1233) Precinct Four Eleven hundred fifty-one ( 1151) Total Forty seven hundred. fifty-one 4751 The ballots were counted by the election officers in each Precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The ballots cast were counted, enclosed in envelopes sealed, signed by the election officers, together with the unused ballots and delivered to the Town Clerk at his office. - The Town Clerk and the members of the Board of Registrars canvassed the results as follows : Precinct One Ballots Cast 69 Sixty-nine - Precinct Two Ballots Cast 62 Sixty-two Precinct Three Ballots Cast 67 Sixty-seven Precinct Four Ballots Cast 63 Sixty-three Total 261 Two hundred sixty-one 91 DEMOCRATIC PARTY State Committee Prec .l Prec .2 Prec .3 Prec .4 Total Charles P. Fox 5 ' 2 3 3 13 John J. Gilbride 1 3 6 7 17 James C . Manning 13 9 9 12 43 Blanks 17 5 15 - 23 60 — 1 , Delegate to State Convention Francis E. Burke 4 12 19 40 75 Bartlett J. Harrington 31 7 - 13 3 54 Blanks 1 0 1 2 4 Town Committee Eugene T. Buckley 24 12 26 26 88 John G. Sexton 19 14 17 24 74 Nrnard Of/Donnell 20 11 _ 19 30 80 John J. Donovan 20 11 18 21 70 Patrick J. Shanahan 21 12 18 26 77 Timothy Kinneen 21 11 25 22 79 Francis E. Burke 22 11 27 40 100 Bartlett J. Harrington 33 12 22 24 91 Joseph H . Valliere 20 13 _18 27 78 Alice McCarthy 2 2 Chester R. Savage 3 3 Mary Spellaman 1 1 7– James Spellman 1 1 1 1 Blanks 160 83 139 158 540 L., Thomas E. Fitzgerald 1 1 REPUBLICAN PARTY State Committee Mary F. Daniel 10 10 10 7 37 John H. Pearson 19 28 19 7 73 , Blanks 4 5 5 4 * 18 Delegates ..t-oState Convention Walter S. Beatty , 30 33 32 16 111 Robert P. Trask 26 41 31 16 114 Blanks 10 12 5 4 31 Town Committee r-- Dorothy_ II: Chamberlain 30 39 32 17 118 I James WI Smith 29 40 33 16 118 Martha C. Spaulding 31 39 31 16 117 Joseph R. Cotton _ 31 35 32 17 115 Albert H. Burnham 31 38 33 16 11 John B. Collins 30 37 30 16 113 William 14 Ballard 30 39 32 16 117 Jennie M. 'Partridge 28 38 32 • 17 115 Charles E. Hadley 30 39 31 16 116 Evelyn S. Trask 28 38 32 16 114 Alfred L. Short 28 37 31 16 112 James G. Robertson 29 38 32 17 116 Clayton A. Hilliard 27 39 31 16 113 Edward W. Taylor 27 34 31 17 109 William R. Rosenberger26 37 30 16 109 Dorothy T. Taylor 27 36 31 16 110 Clara M. Barbour 27 35 32 16 110 Guyetta G. Broderic 27 37 30 17 111 9 Prec. 1 Prec .2 Prec .3 Prec .4 Total Albert B. Tenney 28 42 34 16 120 Arthur W. Hughes 27 37 30 16 110 Blanks 89 106 50 34 279 A True Record Attest: / T. Clerk 93 TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS, MIDDIFSEX, 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 tr'wn affairs , to meet in the Cary Memorial Building, in said Lexington, on Monday, the twenty-fifth day of June 1934, at 8:00 P .M. , then and there to act on the following articles : Article 1. To receive the report of any Boars of Town Officers or of any Committee of the Town, and to appoint other Committees. Article 2 . To see if the Town will vote to appropriate money for the following accounts : Forest Fires ; Welfare Department and Printing of Plumbing By-Laws. Article 3. To see if the Town will authorize the present or any future Board of Selectmen in the name and on behalf of the town to convey to Ernest S. Glawson of Lexington, Massachusetts all the right, title and interest which the Town has by virtue of a tax deed from George W. Sampson, Collector of Taxes for the Town of Lexington to the Town of Lexington dated October 3, 1899, recorded with the Middlesex South District Registvy of Deeds in Book 2772, Page 229, and also by a deed from Byron C. Earle, Collector of Taxes for the Town of Lexington to the Town of Lexington, dated May 15, 1928, recorded with said Deeds in Book 5232, Page 561 and to execute ; acknowledge and deliver a proper deed, deeds or other documents for that purpose. Article 4. To see if the Town will vote to authorize the - transfer of the following funds : From School Construction (Adams Addition) - $79.9'7 to School Construction High School Addition: From School Construction (Franklin) - $274.50 to School Construction High School Addition: From Waltham Street Damages - $109.00 to Excess and Deficiency Account. or act in any manner relating thereto . Article 5 . To see if the Town will vote to authorize the Selectmen to furnish a new Town Seal bearing thereon a replica of the Lexington Minute-Man Statue, and appropriate money for the expense of furnishing such seal and reproductions of same . Article 6. To see if the Town will vote or ratify and confirm the action of the Board of Selectmen, acting as a Board of Health, in constructing ai sewer i.n Woburn Street , from the main outlet a distance of approximately 180 feet northeasterly, and appropriate funds for said construction or act in any manner relating thereto. Article 7 . To see if the Town will vote to place in the control of the Board of Selectmen, acting as a Board of Park Commissioners, the following described parcel of land, now a part of the highway the same to be known as "Somerset Road Park" : An elongated parcel of land located entirely within the boundaries of Somerset Road, beginning at a point about opposite Franklin Road and extending northeast- ' erly toward Hayes Avenue approximately 250 feet and having a width of about 35 feet. Article 8. To see if the Town will vote to rescind the vote 94 passed at a Town Meeting, February 10, 1915, which reads as follows : "Voted that the Board of Water and Sewer Commissioners is hereby requested, in case the town shall have a sewerage system, to establish, agreeably to the pro- visions of Revised Laws Chapter 49, Sedzon 6, mist and equitable charges for the use of the common sewers by persons who enter their particular sewers therein, such annual rental to be in addition to the betterment assessment of fifty cents a running front foot upon their abutting lands ; and that until otherwise voted by the town, the Commissioners are requested to make the rental approximately 25% of the yearly water rates of such persons after making a deduction therefrom representing the water used through lawn or garden hose, but with provision for a minimum yearly charge of three dollars ." or act in any manner relating thereto. Article 9 . To see if the Town will vote to establish as a town way or accept the layout of as a town way, Gleason Road, from Simonds Road to Fuller Road, a distance of anproXimate1.y 1200 feet, as laid out by the Selectmen, under the, Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated May 29, 1934, and to take by eminent domain the necessary easements therefore, and appropriate money for the construction of said street, or act in any manner relating thereto . Article 10. To see if the Town will vote to grant the use of the auditorium in the Cary Memorial Building without charge six evenings in each year to Camp 3007, Veterans of Foreign Wars of Lexington. Article 11. To see if the Town will vote upon petition of Daniel J. O'Connell to amend the Lexington Zoning By-Law and map by changing from an R. 1. District to a C. 1 District the following described parcel of land: A triangular p',reel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the south- west by Woburn Sheet, distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corporation right of way distant 3l7 .30 feet, containing about 27,994 square feet. Article 12 . To see if the Town will amend the Zoning By-Law and Map by adopting either of the following amendments thereto: - (a) By substituting for Section 3, C. 1. District, Article 18, the following "18. Upon the southerly side of Massachusetts Avenue beginning at the westerly line of Wallis Court and ex- tending westerly to a point opposite the easterly line of Meriam Street, and of a depth of 100 feet from the southerly line of Massachusetts Avenue throughout." (b) By substituting for Section 3, C. 1. Districts , Article 17, the following:- "17 . Beginning at the junction of Fletcher Avenue —' and Woburn Street, and extending southwesterly to and westerly along the northerly line of Massachusetts Avenue to the easterly line of Meriam Sfreet and throughout its entire length extending northerly to the Railroad property." 95 Article 13. To see if the town will vote to install an electric light in Belfry Terrace. Article 14. To see if the Town will adopt as General By- Laws of the Town the b--laws proposed in the report of th Committee on Revision of the By-Laws presented to the Town Meeting held March 26, 1934, and on file in the office of the Town Clerk, a printed copy of which accompanies this Warrant, which is by this reference incorporated herein and made a part hereof, with any amendments which may be proposed at the meeting , or do anything in relation thereto . Article 15. To see if the Town will vote to authorize the Selectmen to install sewers in the following unaccepted streets subject to the assessment of betterments , and to take by eminent domain the necessary easements therefore: Taft Avenue, from Massachusetts Avenue to Daniels Street, approximately 890 feet; Cherry Street from Taft Avenue in a northerly direction approximately 180 feet; Cary Street, from Taft Avenue in a northerly direction approximately 270 feet Tarbell Avenue, from Taft Avenue a distance of approx- imately 100 feet; Taft Avenue, from Charles Street a distance of approx- imately 100 feet; and provide funds for said installation by direct appropriation or by transfer from other funds . r— Article 16. To see if the Town will vote to install water mains in the following unaccepted streets, subject to the assessment of betterments, and to take by eminent domain the necessary easements therefore: Taft Avenue from Massachusetts Avenue to Daniels Street, approximately 890 feet; Cherry Street from Taft Avenue in a northerly direction approximately 180 feet; Cary Street, from Taft Avenue in a northerly direction approximately 270 feet; and provide funds for said installation by direct appropriation or by issue of bonds or notes therefore, or act in any manner relating thereto. Article 17 . To see if the Town will vote to authorize the installation of ten inch water mains at their intersection with the new Concord-Cambridge State Highway in the following streets: Watertown, Blossom and Spring Streets : also to authorize the installation of water mains, not less than six inches in diameter, in such other streets as the Selectmen may deem necessary, and provide funds for said construction by direct appropriation or by issue of bonds or notes therefore, or act in any manner relating thereto. Article 18. To see if the Town will vote to transfer funds from the Trunk Line Sewer Repair Account to the Sewer Const- ruction Account . 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. 96 Hereof, fail not, and Fake due retarn on this Warrant, with your doings trereon, to the Town Clerk, on or before the time of said meeting . Given under our hands , at Lexington, this twelfth day of June, A.D. , 1934. Robert P . Trask John E. Gilcreast SETROTMEN Charles E. Ferguson OF Daniel J. O'Connell LEXINGTON John A. Lyons June 18, 1934 To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting- r-� Attest: Patrick J. Maguire Constable of Lexington 97 Special Town Meeting held June 25, 1934 Meeting called to order at 8: 15 P .M. by the Moderator Robert H. Holt. 149 Town Meeting Members being present . Town Clerk James J. Carroll read the warrant until further reading was waived by -ffotion of Selectman Charles E. Ferguson - unanimous The Town Clerk read the Constable ' s return of the Warrant Selectman Mr. Trask moves to take up Article 1. Mr. Houghton offering the following motion: VOTED: that a Committee of nine on Increased High School Accommodations, be created to consist of the School Committee and six other citizens to be appointed by the Moderator. This Committee shall study the need of future accommodations for the Junior and Senior High Schools and re- port their findings at some future town meeting. Explanations by Mr. Houghton. Motion carried unanimous 8 :18 P .M. Mr. A. E. Rowse Chairman of the Appropriation Committee states approval of articles would be made as the articles were Presented. Selectman Mr. Trask moves to take up Article 2 offering the following motion: VOTED: that the following sums be appropriated and assessed for the following accounts : Forest Fires $350.00 Welfare Department 12000 .00 Printing of Plumbing Laws 85.43 L _ Forest Fires ' 350.00 approved by the Appropriation Committee carried unanimously 8:19 P .M. Welfare Dept. $12,000.00 Explanations by Mr. Trask Mr. Rowse of Appropriation Committee offers an amendment as follows : The amount to be appropriated and assessed be $20,000 in place of $12,000. Amendment seconded. Vote on amendment declared lost 8 : 35 P .M. Original motion as presented for $12, 000 carried unanimous 8:36 P .M.' Printing of Plumbing Laws $85.43 Carried unanimous 8:37 P .M. Selectmean Mr. Trask moves to take up Article 3 offering the following: following: VOTED: that the present or any future Board of Se] ect- men be and is hereby authorized in the name and behalf of the Town to convey to Ernest S. Glawson of Lexington, Massachusetts all the right, title and interest which the Town has by virtue of a tax deed from George W. Sampson, Collector of Taxes for the Town of Lexington, to the Town of Lexington dated October 3, 1899, recorded with the Middlesex South District Registry of Deeds in Book 2772, Page 229, and also by a deed from Byron C. Earle, Collector of Taxes for the Town of Lexington, to the Town of Lexington, dated May 15, 1928 recorded with said Deeds in Book 5232, Page 561, and to execute, acknowledge and deliver a proper deed, L deeds or other documents fel, that purpose. _ Carried unanimous 8:38 P .M. Selectman Mr. Trak moves to take up Article 4 offering the following: VOTED: that the transfer of the following funds be authorized: From. School Construction (Adams Addition) - S79.97 to School Construction, High School Addition; - unanimous 8: 39 P .M. From School Construction (Franklin) - $274.50 to School Construction, High School Addition: - unanimous 8 :79 P.M. _ _ 98 01 From Waltham Street Damages - $109 .00 to Excess and Deficiency Account. - Carried unanimous 8:40 P .M. Selectman Mr . Trask moves to take up Article 5 offering the following:VOTED that the Board of Selectmen be authorized to furnish a new town seal bearing thereon a replica of the Lexington Minute-Man Statue, the same bo become the official seal of the Town when adopted by the Selectmen, and for the purpose of furnishing said seal the sum of $30.00 be appropriated and assessed. -- Carried unanimou-8:42 P.M. Selectman Mr. Trask moves to take up Article 6 offering the following: VOTED: that the action of the Board of Select- men, acting as a Board of Health, in constructing a sewer in• Woburn Street, from the main outlet a distance of approximately 180 feet northeasterly, be approved; and further voted that the sum of y$700 be appropriated and assessed for said construction. Carried unanimous 8:43 P.M' Selectman Mr. Trask moves to take up Article 7 offering the following: VOTED that the following described parcel of land,now a part of the hig1iw.y, be placed in the control of the Board of Selectmen, acting as a Board of Park Commissioners : "Somerset Road Park! An elongated parcel of land located entriely within. the boundaries of Somerset Road beginning at a point about opposite Franklin Road and extending northeasterly towards Hayes Avenue approximately 250 feet and having a width of about 35 feet Unanimous 8:46 Selectman Mr . Trask moves to take up Article 8 offering the following: VOTED that the following vote passed at a Town Meeting, February 10, 1915 be and hereby is rescinded: "Voted that the Board of Water and Sewer Commissioners is hereby requested, in case the town shall have a sewerage system, to establish, agreeable to the provisions of Revised Laws, Chapter 49, Section 6, lust and eauitable charges for the use of the common sewers by persons who enter their particular sewers therein, such annual rental to be in addition to the betterment assessment of fifty cents a running front foot upon their abutting lands ; and that until otherwise voted by the town, the Commissioners are requested to make the rental approximatLy 25%of the yearly water rates of such persons after making a deduction therefrom representing the water used through lawn or garden hose, but with provision for a minimum yearly charge of three dollars ." Unanimous 8:58 P.M. Selectman Mr. Trask moves to take up Article 9 offering the following: VOTED that the Town accept the lay out as a Town way of Gleason Road, from Simonds Road to Fuller Road, a distance of approximately 617 feet, all as laid out by the Selectmen under the Betterment Act, and as shown on plan on file in the Town Clerk' s office, dated May 29, 1934, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of 04,950.00 be appropriated and assessed. Mr. Rowse of the Appropriation Committee offera a motion for indefinite postponement until next annual Town Meeting. Indefinite postponement declared lost at 8 :59 P.M. 99 Result on main motion as presented as follows : Infavor Tellers Opposed 13 Mr. Hawkins 20 33 Dr. Walsh 41 8 Mr. Sarano 16 54 77 Declared lost 9:01 P .M. Selectman Mr . Trask moves to take up Art cle 10 offering the following: VOTED that Veterans of Foreign Wars of Lexington, Camp 3007, be granted the use of the auditorium in the Cary uemorial Building without charge three evenings during the balance of the year 1934. Unanimous 9:04 P.M. Selectman Mr. Trask moves to take up Article 13 offering the following: VOTED that the Selectmen be authorized to in- stall an electric light in Belfry Terrace. Unanimous 9:05 P .M. Selectman Mr. Trask moves to take up Article 15 giving first his explanations of the article , then offering the following which was voted as and when Presented: VOTED that the Selectmen be authorized to install a sewer in an un- accepted street called Taft Avenue, from Massachusetts Avenue to Daniels Street, so called, a distance of approxi- mately 890 feet; subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9 :09 P .M. VOTED that the Selectmen be authorized to install a sewer in an unaccepted street called Cherry Street, from Taft Avenue, so called, in a northerly d, rection a distance of approximately 180 feet, subject to the assessment of better- ments and to take by eminent domain the necessary easement therefor; Carried unanimous 9:10 P .M. VOTED that the Selectmen be authorized to install a sewer in an unaccepted street called Cary Street, from Taft Avenue, so called, in a northerly direction approximately 270 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9:11 P.M. VOTED that the Selectmen be aut iori_zed to install a sewer in an unaccepted street called Tarbell Avenue, from Taft Avenue, so called, a distance of approximately 100 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9: 12 P.M. VOTED that the Selectmen be authorized to install a sewer in an unaccepted street called Taft Avenue, from Charles Street a distance of approximately 100 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9 : 13 P .M. and for the purpose of said construction and installation of sewers, the sum of $1500 be transferred from the Sewer 100 CYI Assessment Fund to the Sewer Construction Account and the sum of $2700 be appropriated and assessed for the Sewer Construction Account . Carried unanimous 9:14 P .M. Selectman Mr. Trask moves to take up Article 16 offering the following: VOTED that the Selectmen be authorized to install water mains, not less than six inches in diameter and subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor in the following unaccepted streets : Taft Avenue, from Massachusetts Avenue to Daniels Street approximately 890 feet; Cherry Street, from Taft Avenue in a northerly direction approximately 180 feet; Cary Street, from Taft Avenue in a northerly direction approximately 270 feet; and for the purpose of said construction and installation of water mains the sum of $5500 be appropriated and the Town Treasurer, with the approval of the Selectmen be authorized to borrow the sum of $5500 and to issue bonds or notes there- for payable in accordance with thelaw . There being no objections the Article was voted on in whole as presented, carried unanimously 9 :15 P.M. Mr. Albert W. Emmons at 9: 16 p.m. presents motion for reconsideration of Article 9 of the meeting. Moderator Robert H. Holt inquires from Town Clerk time Article 9 was closed. Reply from Town Clerk - 9:01 P.M. Discuss ion by various speakers Messers : Rowse, Cutter, Hooper, Ferguson, Trask, and Mrs . Milne . Mr. Emmons motion for reconsideration of Article 9 carried 9:24 P.M. Vote taken on original motion Article 9 as presented by Selectman Mr. Trask. Carried unanimous 9:27 P.M. Selectman Mr . Trask moves to take up A-ticle 17 offering the following: VOTED that the Selectmen be authorized to install 'ten inch water mains at the intersections of Watertown Blossom and Spring Streets with the new Concord-Cambridge State Highway, and also to install water mains, not less than six inches in diameter, in such other streets as the Select- men may deem necessary, and for the purpose of said construc- tion and installation of water mains, the sum nf $4,500 be appropriated, and the Town Treasurer, with the approval of the Selectmen be authorized to borrow the sum of $4,500 and to issue bonds or notes therefor payable in accordance with the law. Questions by Messers Worthen, Hooper, and Lamont. Article as presented carried unanimously 9 :37 P.M. Selectman Mr. Trask moves to take up Article 18 offering the following: VOTED that the sum of $1000 be transferred from the Trunk Line Sewer Repair Account to the Sewer Construc- tion Account. Carried unanimous 9:39 P .M. Selectman Mr. Trask moves to take up Article 11. Select- man Mr. O 'Connell offers the following: VOTED that the Town amend the Lexington Zoning By-Law and map by changing from an R 1. District to a C. 1. District the following described parcel of land: 101 "Atriangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northeat by the Boston and Lowell Railroad Corporation right of way distant 317 .40 feet, containing about 27,994 square feet." Mr. Duffy, Chairman of the Planning Board, reads the following report : On the petition of Daniel J. 0'C ' n nell that the area as set forth on the above a^ticle be changed from - an R. 1 to a C. 1 District, the Planning Board has held the necessary hearing and otherwise complied with the provisions of Section 17 of the Lexington ,mooning By-Law This is the fifth time that the petitioner has requested this change, the Town having four times previously denied the petition. The` Board has very carefully considered the mater and again recommeds that the change be not made. No new conditions have arisen to change our pre- vious judgment . -On the contrary certain conditions have appeared since the original Petition which make the maintenance of the present zoning status of this area seem even more desirable. ( 1) The Russell House property formerly vacant and adjoining the above tract has now been converted to single family residence use by its owner. (2) The Board is convinced more than ever that no additional business space is needed not only in view of unprofitable use of many mercantile buildings due to present business conditions, but also because of the fact that the experience of built up communities indicates that the areas already zoned for business in Lexington are substantially in excess of the probable future re- quirements of the Town. This particular parcel of land is located between two areas in which the Town has heavy investments; one in public buildings of exceptional dignity and the other the largest school plant in the Town. To Permit the de- velopment in this wedge, of a business use is not only to add to the traffic hazards to which the school children and others are exposed, but is to Prejudice the Town' s opportunity for an attractive and harmonious development along its principal thoroughfare without burdensome costs. Its present status should not be changed until the busi- ness needs of the community require it or a civic use for it be found. The Planning Board believes that the future needs of the Town will require the acquisition of not only this tract of land but the land intervening between this lot and the present Town Hall lot in order to provide adequate facilities for the rpolice, Fire and other de- partments of the Town. The Board is of the opinion that the Town, if it values its opportunities to -protect itself under the zoning law, cannot afford to grant to any owner of peculiarly located or otherwise unusable tracts the _ privilege of business or other special uses unless such uses are justified by the public need. • J. Henry Duffy Roland B. Greeley C. Edward Glynn PLANNING Sheldon A. Robinson BOARD E. F. Scheibe June 25 , 1934 Edward W. Kimball 102 01 General discussion from several speakers. Showing of location by -slides . Explanations by Mr. S. A. Robinson. Result of vote on original motion of Article 11 as follows : In favor Tellers Opposed 12 Mr. Hawkins 20 34 Dr. Walsh 42 2 Mr. Sarano 18 48 80 Declared lost 10:35 P .M. Selectman Mr . Trask moves to take up Artilce 12 . Mr. Duffy Chairman of the Planning Board offering the following: Under Article 12, Section (a) the Planning Board offers the following vote : VOTED; That the Zoning By-Law and man of the %own of Lexington be amended by substituting for Section 3, C. 1 Districts, Article 18, the following:- "18. Upon the southerly side of Massachusetts Avenue beginning at the westerly line of Wallis Court and extending westerly to a point opposite the easterly line of Meriam Street , and of a depth of 100 feet from the s utherly line of Massachusetts Avenue, throughout." Mr. Duffy reads the report The requirements of Section 17 of the Zoning By- Law have been complied with in respect to the amendment referred to above. The Planning Board recommends that -• the amendment be adopted by this meeting . In arriving at this conclusion, the Board looks forward to the creation of a ccivic center in this neigh- borhood and as means to that end., as well as protection to the heavy in3estment of the Town and for the common good of the citizens, the Board feels that steps should be taken to safeguard these future developments . The Board believes that had the Town Buildings been erected at the time the original Zoning Law was drawn, this area would unquestionable ,have been classified for residential purposes. Although there is no established business in this area at present, the possibility of encroachment is present and should be definitely guarded against. Based on the relation of population to front footage used for business in other towns and cities, and considering our past and probable future growth in Population, together with the areas already zoned for business , the Board sees no need for a continuance of this area as a business district. J. Henry Duffy C . Edward Glynn Shekdon A. Robinson Roland B. Greeley E. F. Scheibe Edward W. Kimball 103 Selectman Mr. O 'Connell moves for indefinite Postponement. General discussion. Vote for M. O'Connell' s motion for indefinite nastnonement as follows : In favor Tellers Opposed 15 Mr. Hawkins 20 40 Dr. Walsh 35 6 61 Mr . Sarano 15 70 Indefinite postponement lost 11:03 P.M. Main question for amendment as presented put to vote with the following results : Infavor Tellers Opposed 20 Mr. Hawkins 13 41 Dr. Walsh 14 18 Mr. Sarano 4 79 51 Amendment declared 11:07 P.M. On account of a two-thirds vote beeftg necessary to carry the above motion it was declared lost by 7 votes. The vote necessary to carry the motion being 86 .ktotes . Under Article 12 Mr . Duffy offers the following motion: Under Article 12, Section (b) the Planning Board offers the following vote :- VOTED: - That the Zoning By-Law and map of the Town of Lexington be amended b- substituting for Section 3, C. 1 Districts, Article 17 , the following :- 17 . Beginning at the junction of Fletcher Avenue and Woburn Street, and extending souti-westerly to and westerly along the northerly line of Massachusetts Avenue to the easterly line of Meriam Street, and throughout its entire length extending northerly to the Railroad property." Mr. Duffy reads the following report: The requirements of Section 17 of the Zoning By-Law have been complied with in respect to the amendment referred to above. The Planning Board recommends that the amendment be not adopted by this meeting. Acting on the belief that a fnll expression of opinion was not obtained at the last town meeting , the Board has again placed an article in the Warrant pertaining to the area on the northerly side of Mass. Avenue between Vine Brook and Fletcher Avenue. The Board is of the opinion. that even though the area onposite the Town Buildings is open for business developments, it is still possible for the town to safeguard its investment r-- to a considerable degree and to pr-vide for future growth by retaining as residential the area bounded. by Mass . Avenue, Vine Brook, the Boston & Maine Railroad property and Fletcher Avenue. The Board believes that had the Town Buildings been erected at the time the original Zoning Law was drawn, this area would unquestionably have been classified for residential nurposes . 1. - c Although there is no established business in this area at present, the possibility of encroachment Presents a threat that should be definitely guarded against. Based on the relation of population to front footage used for business ;n other towns and cities, and considering our past and Probable future growth in population, together with the areas already zoned for business , the Board sees no need for a business district in this area. J. Henry Duffy C. Edward Glynn --- Roland B. Greeley Edward W. Kimball E. F. Scheibe Sheldon A. Robinson General discussion. Senator Joseph B. Cotton moves for indefinite Postponement. Carried unanimous 11: 15 P .M . Selectman Mr . Trask moves to take up Article 14. The Moderator calls upon Senator Joseph R. Cotton to act as Moderator pro-tem. Mr. Robert H. Holt offers the following motion: * VOTED: That the following be and hereby are adopted , as the General By-Laws of the Town of Lexington in lieu of the Code of By-Laws of 1922 :(See Page 105 for Code of By-Laws ) Mr. Holt explains some of the changes . Sec. 2, Art.? Selectman Mr. Trask offers the following amendment: No person unless having the authority so to do, shall dump or deposit any ashes, rubbish, refuse, offal or decayed animal or vegetable matter on any p-zbiic or Private land contrary to the rules and regula- tions of the Selectmen. Carried unanimous 11:30 P.M. Mr. Greeley speaks in referrence to Town Accountant being a member of the Appropriation Committee . Mr. W. Hill moves meeting be adjourned. Motion withdrawn by Mr. Hill. Selectman Mr. Travk offers the following amendments : Section 2, rti c1 e 8 The owner of the premises shall in all cases pay for such service pipe as may be laid within his premises and on Town property to the curb-cock, together with the stop and water valves at such rates as may be fixed by the Select- men. The owner must in all cases pay his part of the cost of the service construction before the water is turned on. Carried unanimously 11 :31 P.M. Selectman Mr . Trask offers amendment as follows: Section 2 . Article 25. Amend by striking out "for the sale of articles for any charitable purpose." Carried unanimously 11 :32 P.M. Mr. Mitchell offers an amendment to Article of New By-Laws , striking out the word 'shall. " Mr . Hill moves for adjournment for one week. Motion for adjournment lost 11 :34 P.M. Mr. Mitchell' s amendment lost 11 :35 P.M. Vote for adoption of new By-Laws with the amendments as follows : In favor Tellers Opposed 22 Mr . Hawkins 0 52 Dr. Walsh 0 18 Mr. Sarano 0 For alp roval ofEy-Laws by t e - "- pese= .Ps - 33 105 By-Laws accepted 11:41 P .M. Selectmen Mr. Traskmoves meetiri be dissolved. Unanimous 11:42 P .M. A true copy, —i Attest , , t'it/ S . .- V)\tt..-- 14At- -F—s 1,..., \e/..:4---- . Reprinted In General By Laws _ Section 8. Every person presenting it a ing any motion the Mc be withdrawn by the n of the Section 9 No n money, except where s Town of Lexington at any town meeting t priation Committee, e3 Section 10. After to a time certain or t any article in the War ARTICLE 1. article shall be deemed GENERAL PROVISIONS. reconsider, shall be to Section 1. The following provisions shall constitute the General By- members present and Laws of the Town of Lexington, which shall be in lieu of all by-laws hereto- Section 11. No in fore in force except by-laws or other regulations relating to Zoning, Building meeting, shall be in or Construction and Plumbing. has been finally dispoa Section 2. The following rules of construction shall be observed unless present and voting; bu their observance would involve a construction inconsistent with the manifest to some other date. intent of the voters, or repugnant to the context of the by-law. (a) The repeal of a by-law shall not revive any law in force when the by-law repealed took effect. Section 12. Any (b) The repeal of a by-law shall not affect any punishment, penalty in may speak at any mei curred before the repeal takes effect, or any suit, prosecution or proceeding limitations as member: pending at the time of the repeal for an offense committed or for the recovery Section 13. No n t.--_ of a penalty incurred under the by-law repealed. recognized by the Mo, (c) Wherever publication under any by-laws of the Town is required in Moderator be silent. a newspaper published in the town, it shall be sufficient when there is no time, the Moderator sli newspaper published therein, if the publication is made in a newspaper, Section 14. No m which, by its title page, purports to be printed or published in the town, or except to call to order, which has a general or substantial circulation therein as a local paper. motion to reconsider - (d) Wherever a penalty is provided for the violation of a by-law, it Section 15. No no shall be for each such violation. the prevention of thos( n (e) Words and phrases specifying or naming any board, commission, Speak 16. With s committee or officer of the town shall be construed as including the lawful shall speak more than successor, or the persons having the powers and performing the duties of such thanmtat ten minutes r to.mu board, commission, committee or officer. at a Moderator. Section 3. In construing these By-laws the following words shall have Section 17. A mo the meaning herein given unless a contrary intention clearly appears. ceding section, or (b) t (a) The word "street" shall include highways, townways, public ways consideration be taken and all public streets, roads, bridges, alleys, courts, and sidewalks, and also order at any time, exc those portions of public squares and places which form traveled parts of pending a verification public ways. debate. (b) The words "public place" shall include all commons, parks, play- Section 18. When grounds and public lands belonging to or in the charge of the town, or any mentioned in the prece of its departments, and those portions of public squares and places which do subsidiary motions, nal not form traveled parts of public ways. (a) To lay upon (c) The words "public building" shall include all buildings belonging to (b) 'For the previ or under the control of the town or any of its departments. (d) The word "person" shall include corporations, societies, associations (c) To close the and partnerships. (d) To postpone! (e) The word "horse" shall include any beast of burden. - (e) To commit, o (f) The word "driver" shall mean the person having the charge or (f) To amend. control of a vehicle or horse upon a street. (g) To postpone (g) The word "voter" shall mean a duly registered voter of this.town. which several motions -- (h) The words "town officer" or "officer" shall include all town officers, arranged in this by-lav I either elected or appointed, serving as a member of any board, commission, Section 19. Debal committee or othei wise, but shall not include town meeting members.-_.- minutes, and no verso' i (i) The word "member", except where the context otherwise requires, once. shall mean a town meeting member as defined by Chapter 215 of the Acts of Section 20. When 1929. by vote to close the dei Section 4. Whoever violates any by-law of the town shall pay for each under consideration sh: offense a fine not exceeding twenty dollars unless some other penalty is any other member a expressly provided by law, or by some by-law of the town. _ meeting. Section 5. All fines and penalties for the violation of any by-laws shall Section 21. Debat be paid into the Town Treasury. from the adoption of a ARTICLE II. PROMOTION OF A SOUND PUBLIC POLICY. t. , Section 22. No vc Section 1. No member of any board, commission, committee or ''other effect do •upon a notice town officer shall in.behalf of the town, approve, make or join in the rrakin ing and within thirty r of any contract, bargain or agreement in P hrough or by which he has either and any voter may ma, directly or indirectly any financial or pecuniary interest otherwise t�`dn m Section 23. The d• common with the citizens of the town in general. i"„', thirty minutes and no Section 2. No board, commission or committee shall appoint or elEjct one nor more than once wi of its own members to-any town office which is in any way subject zo the Section 24. Wher jurisdiction of such board, commission or committee. 1 shall not be reconsidera , Section 3. No member of any board, commission or committeashall any vote be-reconsider • either by agreement of the other members of such board, commiss,-,n or (a) To adjourn. committee, or otherwise, receive arty fee, payment or financial compe*~rtion (b) For the prey. S .' T"E 1 Cl‘t. 4 9 f- V A !•c J Reprinted from The LEXINGTON MINUTE-MAN General By-Laws Section 8. Every motion shall be reduced to writing and signed by the Section 5. They shall have charge and control of the Town Office JV w/ person presenting it when so requested by the Moderator, and before receiv- Building, and may let or rent so much thereof as is not required for town ing any motion the Moderator may require that it be seconded, a motion may purposes, upon such terms as they may deem proper be withdrawn by the mover if no objection is made. Section 6. The Selectmen shall provide and maintain offices in the Town of the Section 9. No motion carrying an expenditure or appropriation of Office Building for all town officers, so far as practicable, and any town p ®g� money, except where such expenditure is required by law, shall be acted upon official who cannot be there accommodated, the Selectmen shall furnish with Town n of Lexington at any town meeting until some report thereon has been made by the Appro- offices elsewhere, in some convenient place. priation Committee, except as hereinafter otherwise provided. Section 7 That portion of the Town Office Building which is occupied Section 10. After any action, except to lay upon the table or to postpone by the offices of the Board of Selectmen, or Board of Public Works,the Town to a time certain or to commit, has been taken upon the subject matter of Clerk, the Town Treasurer, and the Collector of Taxes, shall be kept open any article in the Warrant and another article has been taken up,such former continuously for the transaction of business for eight hours each week day, ARTICLE 1. article shall be deemed to be closed and no further action, except a motion to except holidays, and on Saturdays for four hours, the particular hours to be GENERAL PROVISIONS. reconsider, shall be taken thereafter except by a vote of two-thirds of the arranged by the Selectmen for the convenience of the public. Section 1. The following provisions shall constitute the General By- members present and voting, to reopen such article. Section 8. Any board or officer in Charge of a department may, with Laws of the Town of Lexington, which shall be in lieu of all by-laws hereto- Section 11. No motion, the effect of which would be to dissolve the the approval‘ofthe Selectmen, sell any personal property or material for fore in force except by-laws or other regulations relating to Zoning, Building meeting, shall be in order until every article in the warrant for such meeting that department no longer required by it and not exceeding three hundred Construction and Plumbing. has been finally disposed of, except by a vote of at least two-thirds of those dollars in value. Section 2. The following rules of construction shall be observed unless present and voting, but this shall not preclude an adjournment of the meeting ARTICLE VII. their observance would involve a construction inconsistent with the manifest to some other date. SELECTMEN-DEPARTMENT OF HEALTH. intent of the voters, or repugnant to the context of the by-law RULES OF DEBATE. (a) The repeal of a by-law shall not revive any law in force when the Section 1. The Selectmen shall provide and maintain under their care by-law repealed took effect. Section 12. Any registered voter who is not a town meeting member and supervision, some suitable place or places within a reasonable distance (b) The repeal of a by-law shall not affect any punishment, penalty in- may speak at any meeting, but in so speaking shall be subject to the same of the villages of the town for free public dumping, upon which the inhabi- curred before the repeal takes effect, or any suit, prosecution or proceeding limitations as members. tants of the town may dump or deposit ashes, cinders, papers and other pendingat the time of the repeal for an offense committed or for the recoverySection 13. No member shall address the meetingwithout first beingrefuselet and may frosh in accordancetotimwith such rules and regulations as the f a pealty incurred under the by-law repealed. recognized by the Moderator, and all members shall t the request of thSelectmen from time to time make. (c) Wherever publication under any by-laws of the Town is required in Moderator be silent. When two or more members rise to speak at the same ARTICLE VIII. a newspaper published in the town, it shall be sufficient when there is no time, the Moderator shall name the one entitled to speak. SELECTMEN -DEPARTMENT OF WATER AND SEWERS. newspaper published therein, if the publication is made in a newspaper, Section 14. No member while speaking shall be interrupted by another, which, by its title page, purports to be printed or published in the town, or except to call to order, or for a privileged motion, or to give notice of a Section 1. The Selectmen, Department of Water and Sewers shall, upon which has a general or substantial circulation therein as a local paper. motion to reconsider a petition for an extension of water mains in either accepted or unaccepted (d) Wherever a penalty is provided for the violation of a by-law, it Section 15. No member shall speak more than once on any question to consstreets, upon appropriation therefor being made by the town meeting, shall be for each such violation. the prevention of those who have not spoken and desire to speak thereon. withtsuret such extension,ctoyprovided such petitionersnuaagree upon termsfr and Section 16. Without first obtaining leave of the meeting, no member surety satisfactory to said board, to pay annually per the town for rental (e) Words and phrases specifying or naming any board, commission, shall speak more than twice on any question except to correct a mistake, or or use of water so furnished, a sum equal to.six (6) cent per annum, on committee or officer of the town shall be construed as including the lawful misstatement or to make an explanation, and no member shall speak more the cost of the construction of such extension as determined by said board, successor, or the persons having the powers and performing the duties of such until for a period of two successive years, the total amount of the water rates board, commission, committee or officer thanModten torminutes at any one time without being again recognized by the from water takers whose service pipes are connected with such extension, Section 3. In construing these By-laws the following words shall have amounts to said (6) per cent per annum on such cost of construction, but the meaning herein given unless a contrary intention clearly appears. Section 17 A motion (a) to waive the limitations set forth in the pre- such agreement shall in no case be required for a longer period than ten (a) The word "street" shall include highways, townways,earlya public ways ceding section, or (b) to adjourn, or (c) that the vote upon the question under years. This rate of interest of six per cent per annum shall apply to all consideration be taken by ballot with the use of the check-list, shall be in outstanding agreements for the extension of water mains from and after the and all public streets, roads, bridges, alleys, courts, and sidewalks, and also order at any time, except on an immediate repetition of the same motion or date when the petitioners in such agreements accept the same, provided they those portions of public squares and places which form traveled parts of pending a verification of a vote, and none of these motions shall be open to are not then in arrears under the terms of their respective agreements. No public ways. debate. p g such agreement shall be required if assessment of betterments is made in (b) The words "public place" shall include all commons, parks, play- Section 18. When a motion is under debate no motion other than those connection with such extension. grounds and public lands belonging to or in the charge of the town, or any mentioned in the preceding section shall be entertained, except the following of its departments, and those portions of public squares and places which do subsidiary motions, namely ARTICLE IX. not form traveled parts of public ways. (a) To lay upon the table, or take from the table. TOWN CLERK. (c) The words "public building" shall include all buildings belonging to or under the control of the town or anyof its departments. (b) For the previous question. Section 1. The Town Clerk, as soon as "person" (c) To close the debate at a specified time. has been possible after a vote i theo town (d) The word shall include corporations, societies, associations p passed which relates particularly to or affects the duties of any and partnerships. (d) To postpone to a time certain. board, committee or officer of the Town, shall furnish a copy of such vote to To commit, or re-commit, or refer such board, committee or officer. (e) The word "horse" shall include any beast of burden. (e) (f) The word "driver" shall mean the person having the charge or (f) To amend. Section 2. The Town Clerk shall promptly notify in writing each mem- control of a vehicle or horse upon a street. (g) To postpone indefinitely ber of every committee who may be elected or appointed at any Town meeting or in pursuance of any vote thereof. Such notice shall contain a (g) The word "voter" shall mean a duly registered voter of this town. which several motions shall have precedence in the order in which they are copy of the vote creating the committee and the names of all members of (h) The words "town officer" or "officer" shall include all town officers, arranged in this by-law, and all shall be open to debate, except the first two. such committee. either elected or appointed, serving as a member of any board, commission, Section 19 Debate on such subsidiary motions shall be limited to ten Section 3. The Town Clerk shall see that every conveyance to the town committee or otherwise, but shall not include town meeting members. - minutes, and no person shall speak more than three minutes nor more than of any interest in land, except as otherwise provided by law, is duly recorded (i) The word "member", except where the context otherwise requires, once. in the proper registry therefor, and he shall have the custody of all such shall mean a town meeting member as defined by Chapter 215 of the Acts of Section 20. When debate is closed by ordering the previous question or recorded instruments after the same are ready for return from the registry. 1929. by vote to close the debate at a specified time, the maker of the main motion He shall keep in a book devoted to that purpose alone, true copies of all Section 4. Whoever violates any by-law of the town shall pay for each under consideration shall be allowed to speak ten minutes and may grant to conveyances executed and delivered by the town of any interest in land. offense a fine not exceeding twenty dollars unless some other penalty is any other member a part or whole of his time, or give his time to the Section 4. The Town Clerk shall promptly after each session of a Town expressly provided by law, or by some by-law of the town. meeting Section 5. All fines and penalties for the violation of any by-laws shall Section 21. Debate may be closed at any time not less than ten minutes meeting furnish the Town Accountant with a statement of all moneys moneys be paid into the Town Treasury from the adoption of a motion to that effect. were d by the Town at such session and the purpose for which such moneys were respectively appropriated. • ARTICLE II. RECONSIDERATION Section 5. The Town Clerk shall during the month of January prior to PROMOTION OF A SOUND PUBLIC POLICY. Section 22. No vote shall be reconsidered except upon a motion to that each annual town meeting, notify in writing the chairman of any committee Section 1. No member of any board, commission, committee or other effect or upon a notice of such motion given at the same session of the meet- which has made no report to the Town since the last annual meeting, that town officer shall in behalf of the town, approve, ing and within thirty minutes after the result of such vote has been declared some report will be expected at the coming annual town meeting and the make or join in the making and any voter may make a motion to reconsider or give notice thereof. warrant for such annual town meeting may contain an article to hear and act of any contract, bargain or agreement in, through or by which he has either upon the report of each of such committees specifically naming them. directly or indirectly any financial or pecuniary interest otherwise tl an in Section 23. The debate on a motion to reconsider shall be limited to Section 6. The Town Clerk shall provide and have in readiness for use common with the citizens of the town in general. !a thirty minutes and no person shall speak more than five minutes at one time at Town Meetings a sufficient supply of "Yes" and "No" ballots; these ballots Section 2. No board commission or committee shall a nor more than once without the leave of the meeting. , paper or ppoint or eli Ct one shall not be distinguishable from each other in size shape, color, of its own members to any town office which is in any way subject to the Section 24. When a motion of reconsideration is decided that decision ink, or in size and style of type. jurisdiction of such board, commission or committee. shall not be reconsidered and no question shall be twice reconsidered,nor shall Section 3. No member of any board, commission or committee} shall any vote be reconsidered upon the following motions, namely• I ARTICLE X. either by agreement of the other members of such board, commissi''n or (a) To adjourn. COLLECTOR OF TAXES AND TOWN COLLECTOR. committee, or otherwise, receive any fee, payment or financial compeni lbion (b) For the previous question. Section 1. 'nip C,nllectnr of Taxac shall a..+ 0101, 0ea T,...,., 0,.11,.,,4 ,....-3 ---- snap correct all accounts due the Town. . , �„ rod ur service periormen oy nim, in-connectio connection (d) To take from the' table. his duties as a member of such board, commission or committee. ARTICLE XI. 1�,� (e) To close debate at a specified time. TOWN COUNSEL AND LEGAL AFFAIRS. ARTICLE III. PREVIOUS QUESTION THE CALLING AND NOTICE OF TOWN MEETINGS. ;^ iJ Section 1. Except as otherwise provided by law or by vote of the town, Section 25. The previous question shall be put in the following form: the Board of Selectmen. shall have the full and exclusive authority as agents Section 1. Every town meeting shall be called by a warrant direc:a d' to "Shall the main question be now put?" and all debate upon the main question of the town to institute, prosecute, defend, compromise and settle all claims, a constable or other duly appointed person. Such warrant shall c(, hillhallbe suspended until the previous question is decided. , suits and actions brought by or against the town, provided, however, that no articles briefly setting forth the various subject matters which ini be Section 26. The adoption of the previous question shall put an end to all claim or action against the town, unless reduced to the form of an execution considered and acted upon at such meeting, debate except as provided in Section 24 of this Article, and shall bring the or decree of court, shall be compromised or settled by the payment of any Section 2. The warrant for a town meeting shall be served by pos'; ; a meeting to a direct vote upon pending amendments, if any, and then upon amount in excess of tht^ee hundred dollars,without a special vote of the town. printed copy thereof in five (5) public places in the town and also by se�d in dng by mail, postage prepaid, not less than seven days before the time sta, the main question. Said Board shall'also have authority as agent of the town to appear ; i AMENDMENTS. personally or by coun lel, before any court, committee of the Legislature, or the warrant for holding such meeting, anystate or county board or commission, but such authority does not addressed to every registered voter of thea printed copy of such wa rant town at his last resideno:,'as Section 27. An amended amendment cannot be amended and no appears from the records of the Board of Registrars of Voters. i motion or proposition of a subject different from that under consideration authorize said Board to commit the town to any course of action without a Section 3. The officer or person appointed to serve the warrant off a shall be entertained under color of an amendment. vote of the town therefor. town meeting shall, immediately after making the service thereof, deli l a, to Section 28. In filling blanks, or in cases of several amendments of Section 2. The Board of Selectmen shall each year within thirty days the Town Clerk the original warrant,with his return endorsed thereon st}.tang different amounts, or periods of time, the largest sum and the longest time after the annual election of town officers appoint some attorney-at-law as fully the manner in which he served the same. ! shall be put first and an affirmative vote thereon shall be a negative vote of Town Counsel, who shall serve for the term of one year and until his succes- Section 4. The annual meeting of the Town for the election of'1;own any smaller sum or shorter time. sor is appointed; he shall receive for his services such compensation as the officers and town meeting members and the transaction of municipal bu ?Bess town may determine and he may be removed at any time by a majority vote shall be called for the first Monday of March in each year, provided,hot ever, VOTING. of said Board. Said Board may, whenever it deems necessary employ special that if it shall fail to be so called in consequence of any defect in the war rant Section 29. When a question is put (in case only a majority vote is counsel to assist or act,in place of the Town Counsel. or other irregularity,it shall be called for a date as soon thereafter as m y be required) the sense of the meeting shall be determined by the voices of the Section 3. The Town Counsel shall draw, supervise the drawing or practicable. members, and the Moderator shall first announce the vote as it appears to him approve all contracts, deeds, bonds and other legal instruments relating to Section 5. The annual meeting of the town shall bee called for six o!'lock by the sound. If the Moderator is unable to decide by the sound of the voices, the town; he shall gil e legal advice and furnish a written opinion when so in the morning and thereafter the polls shall be open continuously for V sting or if his announcement is thereupon doubted by twenty or more members requested by any town officer, board or committee, regarding any legal until eight o'clock in the evening. Immediately upon the announcement if the rising in their places for that purpose, the Moderator shall, without debate, question or matter relating to the duties of such officer, board or committee, result of the voting, the meeting shall stand adjourned until such time a-id at determine the vote by ordering a rising vote and he may appoint tellers to and no officer, board or committee shall at the expense or in behalf of the_ such place as shall be set forth by the Selectmen in the warrant fo 'the make and return the count, or he may order a poll of the meeting, town employ or be represented by any other than the Town Counsel. meeting. Section 30. The vote on any motion, provided the meeting so orders, Section 4. The Town Counsel shall, as soon as possible after receiving Section 6 The Town Clerk, as soon as' practicable after a town meting shall be taken by a "Yes" and "No"ballot with the use of the check-list or by notice from the Chief of Police or otherwise, of any injury to person or is adjourned, except the adjournment provided for in the preceding Seton, a poll of the meeting property, under circumstances which may give rise to a claim of damages shall give notice of the time to which the meeting is adjourned and q the Section 31. When a motion is readily susceptible of division, it shall be against the Town, make a thoroughinvestigation relative thereto and with business to be acted upon. Such notice shall be posted in five or more 1ublic divided,and the vote upon each part taken separately, provided the Moderator the approval of the Board of Selectmen, take such steps as may be deemed places in the town and, if the period of adjournment will permit shy 1 be deems best or"twenty-five members present so request. necessary to properly[protect and defend the Town against such claim. mailed to each town meeting member at least twenty-four hours befof ;the Section 5. The own Counsel shall prosecute or defend all cases and time of the adjourned meeting and published in some newspaper publisl{ed in QUORUM. proceedings to which he Town is a party. He shall also prosecute all cases the town. Section 32. The presence of one hundred members at a town meeting for for the breach or viol tion of the by-laws of the town. ARTICLE IV. the transaction of business shall be required to constitute a quorum, except THE OPENING AND PROCEDURE OF TOWN MEETINGS for a motion to adjourn for which no quorum shall be required; provided, Section 6. The Town Counsel shall annually during the month of FOR THE ELECTION OF OFFICERS. however, that no vote carrying the expenditure or appropriation of any sum January of each year report in writing to the Board of Selectmen," (a.) all Section 1. Every town meeting for the election of town officert and of money shall be held to be invalid by reason of lack of the required quorum, actions by or against the Town which were pending at the beginning of the town meetingmembers and anyother matters to be acted upon and eter- unless it appears from the records of the Town Clerk of the meeting that preceding fiscal year; (b) all actions brought by or against the town during mined byballot of the voters shll be bymeetings of the registered vot�rs of before the result of such vote was declared the question of the presence of a such year, and (c) all;actions settled or disposed of during such year. Such the sevralprecincts in the pollingplaces designated forg their res ctive quorum was duly raised and that such record shows that the required quorum report shall show the dull name of each plaintiff or defendant, the nature and gP amount of the claim Xn each case, and the terms upon which any case was precincts at the time fixed in the warrant and shall be conducted in a ord- was lacking. settled or disposed o during such year. Such reports shall also show the ance with the General Laws relating to precinct voting at elections. ELECTIVE TOWN OFFICERS NOT CHOSEN BY BALLOT. separate amounts rec ived by the Town Counsel as compensation and for - ARTICLE V. Section 33. Such elective town officers as are not required by law to be disbursements in each of such actions during such year, and for all other THE OPENING AND PROCEDURE OF TOWN MEETINGS �� chosen b ballot shall be elected bya voice vote unless the meeting at which services not covered by his regular salary. Such report shall be printed in j, , Y, the annual Town Report. FOR THE TRANSACTION OF MUNICIPAL BUSINESS. [( they are to be chosen determines otherwise. • .1. Every representative town meeting shall meet at th�l time Section 7 The Town Counsel shall not during his term of office hold any Section FURTHER RULES OF PROCEDURE. other appointive or elective office of the town. i and place fixed in the warrant and shall be called to order by the Mode ator. In the absence of the Moderator, the meeting shall be called to order I :the Section 34. The procedure and conduct of the business meetings of the I ARTICLE XII. Town Clerk, whoshall preside until a Temporary Moderator is chosen.'' town not herein provided for shall be governed by "Roberts' Rules of Parlia- Section GENERAL COMMITTEES. 2. Immediately after the.calling of the meeting to order by the mentary "Practice" so far as they are applicable and are not inconsistent with Moderator the warrant for the town meeting and the return of the Person the By-Laws of the town. Section 1. All committees, except as otherwise provided by law or by who served the same shall first be read by the Town Clerk,unless the meting by-law or by vote of the meeting,shall be appointed by the Moderator as soon votes that the reading of the articles in tha warrant be dispensed with. , ARTICLE VI. as may be after the pissage of the vote creating the committee and in choos- Section 3. At all representative town meetings held in Cary Meriorial SELECTMEN - BOARD OF PUBLIC WORKS. ing a committee by i.ominations from the floor, no person shall nominate Hall, the space on the floor between the front of the Hall and the transvierse more than one member of such committee. - aisle shall be reserved for town meeting members and no person who s not Section 1. The Selectmen shall have the general direction and manage- Section 2. Unless otherwise provided, the first named member of a a member shall be admitted within the reserved area unless otherwise o>ldered ent of the property and affairs of the Town in all matters not otherwise committee shall imm diatel call all the members of the committee together I by the Moderator or by vote of the meeting. Check lists of members shall be provided for by law, or by these By-Laws, and theyshall serve without y. g kept at convenient places adjacent to 'the entrances to said reservedIspace salary or other financial compensation, but shall be allowed and paid Two for-the purpose of organization, and each committee shall thereafter proceed during all meetings and for a reasonable time prior to the opening of the Hundred Dollars per member per year as reimbursement for the costs and with its duties and report to the town as promptly as possible and, unless it meetings, and members shall be admitted to said reserved area upon giving expenses incurred in office. is sooner discharged, t shall make a report at the next annual meeting. their names to checkers in charge of said lists. I Section 2. The Selectmen shall annually during the month of April or Section 3. No p rson shall serve on any committee in a matter where MODERATOR as soon thereafter as practicable, unless otherwise provided by law, appoint his private right is i mediately concerned distinct from the public interest. some person as Superintendent of Public Works in accordance with the re- Section 4. No r port of a committee chosen or appointed at a previous Section 4. The Moderator shall preserve order and decorum. He may may of Section 2 of Chapter 1 of the Acts of 1922,who shall serve for meeting shall be act4d upon at a subsequent meeting, otherwise than to be speak to points of order in preference to other members. Each question of one year and until his successor is appointed and he may be suspended or received or publishe and distributed, unless it has been announced in the order, with the decision thereon, shall be entered by the Clerk in the records removed at any time by said board. warrant for such su sequent meeting that a report of such committee was of the meeting. 1 I Section 3. The Selectmen shall determine and designate numbers for the there to be considere . Section 5. The. Moderator may appoint a member to perform the clties streets asui of the Moderator while he addresses the meeting, or in case he is called;away they imayadeem bestoforrpublice convenience. Noperson portions shallf neglect or Section 5. A vo-e to accept a report of a committee (except a report of from the meeting. ; I refuse to affix to any building owned by him,the street number designated for progress) shall, unless otherwise provided, discharge the committee, but it MOTIONS AND ORDER OF BUSINESS. I him by said board. shall not operate as an adoption of the recommendations of such report with- Section 6. Unless otherwise provided by law or by by-law, all m,Oons Section 4. The Selectmen shall provide and maintain a suitable bulletin out an express vote dilly passed to that effect. shall require only a majority vote. board in the vestibule of the Town Office Building and in the vestibule of each Section 6. All reports of committees, except reports of progress, shall ' Section 7. All articles in the warrant shall be "taken up in their;order of the public libraries of the town, and shall provide and maintain suitable be in writing and shall be permanently filed for preservation with the Town upon the warrant unless otherwise ordered by a vote of the meeting, and no outside billboards at such places in the town as they deem necessary, where Clerk, and if the Bo rd of Selectmen deem best, or the town so votes, the motion or resolution the subject matter of which is not set forth ini some town, legal and other notices as they may authorize, may be posted for report of any commit ee shall be published as a part of the next annual town article in the warrant, shall be entertained. public information. report. , $ j _ L Reprinted from The LEXINGTON MINUTE-MAN ARTICLE XIII. Section 5. Every junk shop shall be closed, except between the hours of Section 32. No person shall bathe in any of the waters of the town, in FI APPROPRIATION COMMITTE:ii. seven o'clock in the forenoon and eight o'clock in the afternoon, and no junk a state of nudity, in places exposed to public view, or in immediate sight of Section 1. There shall be a Committee called t:ie Appropriation Com- shop keeper shall purchase, receive, sell or dispose of any of the articles the occupants of any dwelling. ? mittee, which may consider any and all municipal qu:stions for the purpose describedd in Section 1, excepting during the hours his shop may be open, as Section 33. No person shall by any noise, gesture, or otherwise wantonly of making reports or recommendations thereon to the town. herein specified. or intentionly annoy or interfere with any person in any street, public place Such committee shall consist of nine voters of sound business experience Section 6. The. Board of Selectmen may license suitable persons to be or public building, or frighten any horse in any street, or public place. or good judgment and the Town Accountant,who shall. ex-officio be a member junk collectors, to collect from place to place in this town, by purchase or INJURY TO TREES AND SHRUBBERY of the Committee, and no member of the Committee, other than the Town otherwise, any of the articles mentioned in Section 1. Accountant, shall be a town officer or town employee.I Section 7. No collector of junk shall, directly or indirectly, either pur- Section 34. No person without authority so to do, shall climb any tree chase or receive, by way of barter, exchange or otherwise, any of the articles or injure any tree or shrubbery standing in any street or public place, and no i Such committee shall be chosen by an appointing committee composed of the Moderator, the Chairman of the Board of Selectmen and the Chairman mentioned in Section 1, of a minor or apprentice, knowing or having reason person shall permit or suffer any animal under his care to in any way injure to believe him to be such. any such tree or shrubbery of the last Appropriation Committee. Section 8. No collector of junk shallpurchase, collect or receive anyof Such appointing committee or a majority of them shall, within thirty POLLUTION OF FOUNTAINS. days after the final of each annual town'meetin appoint threthe articles mentioned in Section 1, except between the hours of seven o'clock Y adjournmentg, PP in the morning and sunset. Section 35. No person shall pollute any drinking fountain, trough"or members, each to serve for terms to expire on the fi�al adjournment of the basin set up or established in any street or public place or public building in annual town meeting held for the third year ensuingafter the date of such i Section 9 Every collector of junk while engaged in collecting,transport- this town, for the use of man or beast, or unnecessarily waste or use the appointment. ing or dealing in the articles mentioned in Section 1,shall wear upon the out- PP 1 side of his clothing a badge and have upon each side of any vehicle used by water thereof. Section 2. The Appropriation Committee shall, a soon as possible after badgesignby CURFEW. him, a sign,well displayed, such and to be,prescribed the • the annual appointment of new members to the committee has been made, Board of Selectmen. meet for the purpose of organization. They shall elect from their member- Section 10. Everyvehicle and receptacle used bya collector of junk, Section 36. No child under the age of sixteen years shall be, loiter or (� ship a chairman and a secretary, who shall hold office until: the final adjourn- remain in or upon any street or other public place •in this town between the ment of the next annual town meeting, or until their'successors are elected. shall at all times, be open to the inspection of the Board of Selectmen, or hours of nine o'clock in the evening and five o'clock in the forenoon, unless The secretary may receive such compensation as the committee may fix, and any person by them or by law authorized to make such inspection. such child is accompanied by or under the control of a parent, guardian or the Town appropriate therefor. ARTICLE XVII. other person having the legal custody or care of such child, or unless in the i The committee may from time to time make such rules and regulations REMOVAL OF SNOW AND ICE. performance or returning from the performance of an errand or duty directed with reference to their meetings and the conduct of their work as they may by such parent, guardian or other person having the legal custody or care of ' deem best for the interests of the town, and they j may also hold public Section 1. No owner or agent having charge of any building or lot of such child, or unless in the performance of or going to or returning from meetings and invite any town officer, employee, citizen or person to attend, land abutting on a sidewalk, within the limits hereinafter defined, shall place, some lawful employment or duty; and no such child while performing such and to give such information as he may have,which wll assist the committee or permit or suffer to remain for more than four hours between sunrise and errand,duty or employment,or while going to or returning from the perform- I upon any public matter coming before it for consider tion, sunset, any snow or ice upon such sidewalks, unless such ice is made even ance thereof, shall loiter or remain upon any such street or other public place it The committee shall, prior to each annual town neeting for the trans- and covered with sand, sawdust, earth or ashes to prevent slipping. within said period of time. Until otherwise determined said limits shall be the sidewalk on the The Chief of Police shall keep a record of all violations of this by-law action of business, hold one or more meetings at which only the Selectmen, northerly side of Massachusetts Avenue between Grant and Meriam Streets, the Chairman of the Board of Assessors, the Chairman of the School Corn- the southerly side of Massachusetts Avenue from the line of the Cary and shall cause to be notified thereof one of the parents, guardian or other mittee and the Chairman of the Cemetery Committee', shall be invited to be Memorial Library lot to Vine Brook, both sides of Waltham Street for a dis- Person having the legal custody or care of such child. 1 present to consider the items which make up the annual budget,and any other tante of one hundred fifty feet Southerly from Massachusetts Avenue, and COASTING AND SKATING. municipal matters. i both sides of Muzzey Street for a distance of one hundred feet from Massa- Section 3. The Town Clerk shall as soon as possible after a warrant has chusetts Avenue. Section 37. No person shall coast, ski or skate on any street or public been drawn for a town meeting send a copy thereof to each member of the place except on such as are designated by the Selectmen or on public play- committee. j ARTICLE XXIII. grounds. ; Section 4. The Committee shall prior to each annual town meeting for SNOW AND WATER FROM ROOFS. SPORTS AND GAMES. 11 the transaction of business prepare, publish and distribute by mail to the Section 1. No owner of a building abutting upon or adjacent to the line kk voters of the town a budget showing in detail the anticipated income and of any street, or his agent having care thereof, shall cause, permit or suffer Section 38. No person shall without written permit from the Selectmen, expenditures of the town for the then current year, together with its advice the water from the roof of such building to discharge upon or flow across the on any street or public place (except public playgrounds,) throw or shoot any and recommendations with reference to the various appropriations of the surface of the sidewalk adjacent to such building. ball, stone, arrow, snowball, stick, brick or other missile or hard substance, town funds, and other municipal matters coming before such town meeting. Section 2. Every owner of a building abutting upon or any part of or engage in any game, exercise or amusement in any street or public place .( The committee shall at each annual town meeting present and explain which stands within fifteen feet of the line of any public street, the roof of where the same interfere with the safe and convenient use thereof, or where €j such budget with its advice and recommendations and it shall also at each which building pitches or slopes towards the street, shall fit or provide such such act disturbs the safety of persons or property, or the peace and quiet special town meeting give its advice and recommendations with reference to roof with snow barriers or guards sufficient to effectually prevent the sliding of any person. 1 any appropriation of the Town funds or other municipal matter coming before of snow and ice from such building into any part of the street. , DISCHARGE OF FIREARMS. such special town meeting. ARTICLE XXIV. Section 5. Whenever a vacancy occurs in the appointed members of the Section 39 No person shall without a written permit from the Select- ; Appropriation Committee, notice thereof shall at once be given to the Town USE OF STREETS, SIDEWALKS AND PUBLIC PLACES AND men fire or discharge any gun, pistol, or other firearm in or across any street Clerk, who shall thereupon notify the appointing committee, who shall for- BEHAVIOR THEREON. TRAFFIC REGULATIONS. or public place or within two hundred feet thereof, nor on private grounds with fill such vacancy. Section 1. No driver of a vehicle shall stop the same with its left side to beyond said two hundred feet limit, against the objection of the owner, but ARTICLE XIV. the curb, sidewalk or side of the street. this section shall not prevent the use of such weapons in the lawful defense Section 2. No driver of a vehicle shall permit the same to remain of one's person, family, or property, nor in the performance of any duty BONDS, NOTES AND MONEYS. backed to the curb, except when actually loading or unloading, and then not required or authorized by law. �. Section 1. All income, revenue and moneys belonging to the town when more than ten minutes at a time. DRIVING AND FEEDING ANIMALS ON STREETS. received or collected by any board, commission or o 'ter shall be promptly Section 3. Unless in an emergency, or to allow another vehicle or pedes Section 40. No person shall drive any cattle, sheep, swine or other neat paid over to the Town Treasurer. triaipto cross its way,no driver of a vehicle shall stop the same in ang street animals on anystreet orpublicplace except accordance with a permit from Section 2. All notes and bonds issued by the to n for the purpose of except close to the curb nor in such a wayas to obstruct anystreet or P s borrowing money shall be negotiated and sold by the Selectmen,who shall incrossing. the Board of Selectmen. all cases advertise for offers therefor. Section 4. No driver of a vehicle shall stop or stand the same within the Section 41. No person shall permit any horse or other grazing animal ,j ARTICLE XV. intersection of any street,nor within fifteen feet of a street corner,nor within to pasture, graze or go at large on any street or public place. CONTRACTS. ten feet of a post hydrant. STREET SALES BY PEDLERS. t1 ither Section 1. Except in cases of public calamity dor extreme necessity, side of Section oa steet within hin fifty (50)driver of a hf et shallicle of a straight line extending ator stand the same on eright Section 42. Unless otherwise authorized by law,no person shall continue f.J whenever any work is required to be done for the Town or any contract angles across the street from the center of the front line of the lot on which to stand or remain in one place,in any street or public place,seeking to make f for labor or materials, or both, is to be made in behalf of the Town, for a fire engine house or station is located, except to let off or take on passen- sales of any articles or in the exercise of any other business, after being �� an amount exceeding the sum of $1000.00, the town officer having the directed by a police officer to "move on." matter in charge shall solicit proposals for the same from two or more gers or to receive or deliver goods or merchandise. reliable parties, regularly engaged or employed in such work or business, or Section 6. No driver of a vehicle shall stop the same in a street or STREET ADVERTISING. shall publicly advertise for bids, and may require that a bond with satisfac- public place for the purpose of exchanging or transferring goods, or merchan- f, for sureties for the faithfulperformance of such cont act shall be furnished, dise,to or from any other vehicle,except in such places as the Selectmen may Section 43. No person shall, in any street or public place, carry and y display, for advertising purposes, any show card, placard, or sign, except in but no contract shall be split,separated or divided for t e purpose of reducing designate for such purpose. accordance with a permit so to.do from the Selectmen. the amount thereof below said sum of $1000. So far a practicable, contracts Section 7 Every driver of a vehicle in turning to the right into another for less than $1000 shall be made or awarded in such manner as to secure street shall keep such vehicle as near the right curb or right side of the S:±ction 44. No person shall on any street or public place distribute the benefit of reasonable competition. ' street as possible. handb lls, circulars, advertising or printed matter of any kind except news- Section 8. Every driver of a vehicle in turning to the left into another paper , in such a manner as to make a disturbance or litter without a permit ARTICLE XVI. street shall pass to the right of and beyond the center of the intersection of froi ' e Selectmen. ' EXECUTION OF DEEDS. the street before turning. STREET LITTER. il Section 1. Whenever it is necessary to execute a deed or other instru- Section 9. Every driver of a vehicle crossing from one side of a street action 45. No person, without lawful authority so to do, shall throw, ment conveying any interest in land belonging to the '`own, other than a tax to the other shall do so by turning- sorb vehicle to the left so as to head in _.._. - _-- -1--- ,..,.a,.., +.. ,...,,n..;.. .,-, o,,,• .,#,'. 4- ,,1,1-1:n 7,1./1n ^�m__ _ , I his duties as a member of such board, commission or committee. d) To take from the table. ARTICLE XI. 'Iiia (e) To close debate at a specified time. ARTICLE III. 1, i PREVIOUS QUESTION TOWN COUNSEL AND LEGAL AFFAIRS. THE CALLING AND NOTICE OF TOWN MEETINGS. ;1 Section 1. Except as otherwise provided by law or by vote of the town, Section 1. Every town meeting shall be called by a warrant direc Section 25. The previous question shall be put in the following form: the Board of Selectmen shall have the full and exclusive authority as agents c to "Shall the main question be now put?" and all debate upon the mainquestion a constable or other duly appointed person. Such warrant shall cc t linP of the town to institute, prosecute, defend, compromise and settle all claims, articles briefly setting forth the various subject matters which ma ' be shall be suspended until the previous question is decided. suits and actions brought byor against the town, however, J g provided, that no considered and acted upon at such meeting. Section 26. The adoption of the previous question shall put an end to all claim or action against the town, unless reduced to the form of an execution • ' a debate except as provided in Section 24 of this Article, and shall bring the or decree of court, sh 11 be compromised or settled by the payment of any Section 2. The warrant for a town meeting shall be served by pos meeting to a direct vote upon pending amendments, if any, and then upon amount in excess of th ee hundred dollars,without a special vote of the town. printed copy thereof in five (5) public places in the town and also by se d ng by mail, postage prepaid, not less than seven days before the time stat-d in the main question. Said Board shall also have authority as agent of the town to appear the warrant for holding such meeting, a printed copyof such wa:r'rant AMENDMENTS. a personally or by coup el, before any court, committee of the Legislature, or addressed to every registered voter of the town at his last resideno:, as Section 27 An amended amendment cannot be amended and no any state or county board or commission, but such authority does not appears from the records of the Board of Registrars of Voters. motion or proposition of a subject different from that under consideration authorize said Board o commit the town to any course of action without a Section 3. The officer or person appointed to serve the warrant''or a shall be entertained under color of an amendment. vote of the town there�II or. B town meeting shall, immediately after making the service thereof, deliVOr to Section 28. In filling blanks, or in cases of several amendments of Section 2. The oard of Selectmen shall,each year within thirty days the Town Clerk the original warrant,with his return endorsed thereon sting different amounts, or periods of time, the largest sum and the longest time after the annual election of town officers appoint some attorney-at-law as fully the manner in which he served the same. � ) shall be put first and an affirmative vote thereon shall be a negative vote of Town Counsel, who shall serve for the term of one year and until his succes- Section 4. The annual meeting of the Town for the election of ;own any smaller sum or shorter time. sor is appointed; he shall receive for his services such compensation as the officers and town meeting members and the transaction of municipal buness town may determine and he may be removed at any time by a majority vote shall be called for the first Mondayof March in each year, VOTING. provided,ho der, of said Board. Said Board may,whenever it deems necessary employ special that if it shall fail to be so called in consequence of any defect in the warrant Section 29 When a question is put (in case only a majority vote is. counsel to assist or ac in place of the Town Counsel. or other irregularity,it shall be called for a date as soon thereafter as In, be required) the sense of the meeting shall be determined by the voices of the Section 3. The flown Counsel shall draw, supervise the drawing or practicable. members, and the Moderator shall first announce the vote as it appears to him approve all contracts,'deeds, bonds and other legal instruments relating to Section 5. The annual meeting of the town shall be called for six o lock by the sound. If the Moderator is unable to decide by the sound of the voices, the town; he shall gide legal advice and furnish a written opinion when so in the morning and thereafter the polls shall be open continuously for Vtoting or if his announcement is thereupon doubted by twenty or more members requested by any toWn officer, board or committee, regarding any legal until eight o'clock in the evening. Immediately upon the announcement() the rising in their places for that purpose, the Moderator shall, without debate, question or matter relating to the duties of such officer, board or committee, result of the voting, the meeting shall stand adjourned until such time rt d at determine the vote by ordering a rising vote and he may appoint tellers to and no officer, board Or committee shall at the expense or in behalf of the_ such place as shall be set forth by the Selectmen in the warrant f ,the make and return the count, or he may order a poll of the meeting, town employ or be represented by any other than the Town Counsel. ' meeting. Section 30. The vote on any motion, provided the meeting so orders, Section 6 The Town Clerk, as soon as practicable after a town m ting shall be taken by a "Yes" and "No"ballot with the use of the check-list or by Section 4. The Town Counsel shall, as soon as possible after receiving is adjourned, except the notice from the Chief' of Police or otherwise, of any injury to person or P adjournmentprovided for in the preceding Se tion, a poll of the meeting. ih property, under circu stances which may give rise to a claim of damages shall give ntice of the time to which the meeting is adjourned and qct the Section 31. When a motion is readily susceptible of division, it shall be against the Town, make a thorough investigation relative thereto and with business to be acted upon. Such notice shall be posted in five or more public divided and the vote upon each part taken separately,provided the Moderator the approval of the Board of Selectmen, take such steps as may be deemed places in the town and, if the period of adjournment will permit, sh II' be deems best or-twenty-five members present so request. necessary to properly'protect and defend the Town against such claim. mailed to each town meeting member at least twenty-four hours befo the time of the adjourned meeting and published in some newspaper publis ed in QUORUM. Section 5. The Town Counsel shall prosecute or defend all cases and ' the town. proceedings to which ;he Town is a party He shall also prosecute all cases ARTICLE IV. Section 32. The presence of one hundred members at a town meeting for for the breach or viol:Ition of the by-laws of the town. THE OPENING OF TOWN MEETINGS I the transaction of business shall be required to constitute a quorum, except FOR ANDHELECTION PROCEDURE OFFICERS. for a motion to adjourn for which no quorum shall be required; provided, Section 6. The Town Counsel shall annually during •the month of however, that no vote carrying the expenditure or appropriation of any sum January of each year report in writing to the Board of Selectmen, (a) all Section 1. Every town meeting for the election of town officer and of money shall be held to be invalid by reason of lack of the required quorum, actions by or against the Town which were pending at the beginning of the town meeting members and any other matters to be acted upon and 3eter- unless it appears from the records of the Town Clerk of the meeting that Preceding fiscal year; (b) all actions brought by or against the town during mined by ballot of the voters shall be by meetings of the registered vot re of before the result of such vote was declared the question of the presence of a such year, and (c) all actions settled or disposed of during such year. Such the several precincts in the polling places designated for their respctive quorum was duly raised and that such record shows that the required quorum report shall show the Full name of each plaintiff or defendant, the nature and precincts at the time fixed in the warrant and shall be conducted in a.cord- was lacking. amount of the claim .n each case, and the terms upon which any case was ance with the General Laws relating to precinct voting at elections, settled or disposed of during such year Such reports shall also show the ELECTIVE TOWN OFFICERS NOT CHOSEN BY BALLOT separate amounts received by the Town Counsel as compensation and for ARTICLE V. Section 33. Such elective town officers as are not required by law to be disbursements in each of such actions during such year, and for all other THE OPENING AND PROCEDURE OF TOWN MEETINGS chosen by,ballot shall be elected bya voice vote unless the meetingat which services not covered by his regular salary Such report shall be printed in FOR THE TRANSACTION OF MUNICIPAL BUSINESS. � ; they are to be chosen determines erwise. the annual Town Report. Section 1. Every representative town meeting shall meet at the time FURTHER RULES OF PROCEDURE. other a Section 7. The Town Counsel shall not during his term of office hold any and place fixed in the warrant and shall be called to order by the Mod ator. appointive or elective office of the town. In the absence of the Moderator, the meetingshall be called to order k} the Section 34. The procedure and conduct of the business meetings of the ARTICLE XII. Town Clerk, whoshall preside until a Temporary Moderator is chosen.II ! town not herein provided for shall be governed by "Roberts' Rules of Parlia- I Section 2. Immediately after the calling of the meeting to order by the mentary Practice" so far as they are applicable and are not inconsistent with GENERAL COMMITTEES. Moderator, the warrant for the town meeting and the return of the person the By-Laws of the town. Section 1. All c)mmittees except as otherwise who served the same shall first be read by the Town Clerk,unless the meeting , P provided d Moderator law soonon dispensedARTICLE VI. by-law or by vote of the meeting, shall be appointed by the as dotes that the readingof the articles in the warrant be with. as may be after the passage of the vote creating the committee and in choos- Section 3. At all representative town meetings held in Cary Meriorial SELECTMEN - BOARD OF PUBLIC WORKS. ing a committee by 1lominations from the floor, no person shall nominate Hall, the space on the floor between the front of the Hall and the transverse more than one member of such committee. aisle shall be reserved for town meeting members and no person who s'not Section 1. The Selectmen shall have the general direction and manage- a member shall be admitted within the reserved area unless otherwise oidered ment of the property and affairs of the Town in all matters not otherwise Section 2. Unless otherwise provided, the first named member of a by the Moderator or by vote of the meeting. Check lists of members shall be provided for by law, or by these By-Laws, and they shall serve without committee shall immediately call all the members of the committee together kept at convenient places adjacent to the entrances to said reservedIspace salary or other financial compensation, but shall be allowed and paid Two for-the purpose of or;anization, and each committee shall thereafter proceed during all meetings and for a reasonable time prior to the opening VI the Hundred Dollars per member per year as reimbursement for the costs and with its duties and mport to the town as promptly as possible and, unless it meetings, and members shall be admitted to said reserved area upon wing expenses incurred in office. is sooner discharged, .t shall make a report at the next annual meeting. their names to checkers in charge of said lists. I Section 2. The Selectmen shall annually during the month of April or Section 3. No p erson shall serve on any committee in a matter where MODERATOR i as soon thereafter as practicable, unless otherwise provided by law, appoint his private right is ii imediately concerned distinct from the public interest. some person as Superintendent of Public Works in accordance with the re- Section 4. The Moderator shall preserve order and decorum. He may quirements of Section 2 of Chapter 1 of the Acts of 1922,who shall serve for Section 4. Nor port of a committee chosen or appointed at a previous speak to points of order in preference to other members. Each question of one year and until his successor is appointed and he may be suspended or meeting shall be acted upon at a subsequent meeting, otherwise than to be order, with the decision thereon, shall be entered by the Clerk in the records removed at any time by said board. received or publishe and distributed, unless it has been announced in the of the meeting. Section 3. The Selectmen shall determine and designate numbers for the warrant for such su sequent meeting that a report of such committee was Section 5. The. Moderator may appoint a member to perform the Iµties buildings abutting upon or adjacent to such streets or portions of streets as there to be considers . of from the omeetingderator Wmle he addresses the meeting, or in case he is calledlaway they may deem best for public convenience. No person shall neglect or Section 5. A vote to accept a report of a committee (except a report of !, refuse to affix to any building owned by him,the street number designated for Progress) shall, unles otherwise provided, discharge the committee, but it MOTIONS AND ORDER OF BUSINESS. ' him by said board. shall not operate as an adoption of the recommendations of such report with- Section 6. Unless otherwise provided by law or by by-law, all mions Section 4. The Selectmen shall provide and maintain a suitable bulletin out an express vote duly passed to that effect. shall require only a majority vote. I board in the vestibule of the Town Office Building and in the vestibule of each Section 6. All reports of committees, except reports of progress, shall Section 7. All articles in the warrant shall be taken up in their;order of the public libraries of the town, and shall provide and maintain suitable be in writing and shell be permanently filed for preservation with the Town upon the warrant unless otherwise ordered by a vote of the meeting, and no outside billboards at such places in the town as they deem necessary, where Clerk, and if the Bo'rd of Selectmen deem best, or the town so votes, the motion or resolution the subject matter of which is not set forth ins tome town, legal and other notices as they may authorize, may be posted for report of any commit�ee shall be published as a part of the next annual town article in the warrant, shall be entertained. public information. report. 1 I I 106 'at WARRANT FOR STATE PRIMARY THE COMMONWEALTH OF MASSACHUSETTS [ '[ Middlesex, ss . — To either of the Constables of the Town of Lexington, Greeting: In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to meet in Emerson Hall, Stone Building, East Lexington (Precinct one) , Cary Memorial Hall, Lexington Centre, (Precinct Two, Three and Four) THURSDAY, the TWENTIETH DAY OF SPETEMBER, 1934, at two o 'clock P.M. for the following purposes : To bring in their votes to the Primary Officers for the Nomination of Candidates of Political Parties for the following offices : Governor for this Commonwealth IT Lieutenant Governor Secretary of the Commonwealth Treasurer and Recefver-General Auditor of the Commonwealth. . . . . . " Attorney General ft U U TI Senator in Congress 1! [ Representative in Congress " gth Conaregsional District tt Councillor 6th Councillor Senator 7th Senatorial II Two Representatives in General Court" 28th Representative " District Attorney Middlesex Clerk of Courts Middlesex County Register of Deeds Middlesex District County Commissioner Middlesex County Associate County Commissioners U Middlesex County Sheriff ( to fill vacancy) TV Middlesex County The polls will be open from two o' clock P .M. to nine o' clock P .M. And you are directed to serve this warrant by posting attested copies thereof seven days at least before the time of said meetings as directed by vote of the town. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting. Given under our hands this fourth day of September, A .D. , 1934 Robert P. Trask SELECTMEN John E. Gilcreast Charles E. Ferguson of Daniel J. O 'Connell John A. Lyons LEXINGTON September 11, 1934 To the Town Clerk: I have notified the inhabitants of Lexington by posting Printed copies of the foregoing Warrant in the Post Office, in -the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town eight days before the time of said meeting. Attest : Patrick J. Maguire ConsWDle of Lexington 107 STATE PRIMARY ELECTION September 20, 1934 The following election officers bad been appointed by the Selectmen and were assigned to duty at the four precincts as follows : Precinct One Warden Charles J. Dailey Deputy Warden Mrs . Mary A. Rowland Inspector George E. Foster epty Inspector Alfred Hayward Deputy Inspector Donald. Cameron Clerk Mabelle S. Peavy Deputy Clerk Arthur W. Hughes Teller Ellese Schofield Teller Harold MacGilvray Teller Miles L. F. Jones Teller George F. Stygles Inspector Frances Harrington Precinct Two Warden Irving B. Pierce Deputy Warden Victor Harmon Inspector George V. Morse Inspector Randall Richards Deputy Inspector Elizabeth Nourse Deputy Inspector Madeline J. Corbett Clerk John H. Dacey Deputy Clerk Freder!ck Connor Teller Harry G. Frost Teller Clifford W. Pierce Teller Edward McGrory Teller Ruth Ray Precinct Three Warden Harvey Winlock Deputy Warden Frederick H. Tullar Inspector James M. Ahern Inspector Chas . E. Moloy Deputy Irovector Emma Hovey Deputy Inspector John Corcoran Clerk - James L. McKenzie Deputy Clerk Samuel W. Wellington Teller Timothy Kinneen Teller Esther Graham Teller Paul F. McDonnell Teller Edward G. O 'Connor Precinct Four Warden Howard E. Custance Deputy Warden p y Irene Robinson Inspector Warren Haynes Inspector Margaret Merrick Deputy Inspector Marie A. Mowatt Deputy Inspector Daniel A. Gorman, Jr. Clem Frank Maguire Deputy Clerk Margaret T. Kennedy Teller Agnes Hall feller James Waldron Teller Melville Webb Teller Harry Howard { ' 108 C-77 .-,. .,i = PE-1 X The polls were declared open in each precinct at two o 'clock P .M. , and remained open in each precinct until nine o' clock P .M. , at which time after due notice , theyvere closed. The election officers were sworn to the faithful Per- fommance of their duties . The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets Prepared by the Town Clerk being used. ,— The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers , together with the — unused ballots , delivered to the Registrars of Voters , who Proceeded to canvass the same , with the following result9 which was declared by the Town Clerk. The Town Clerk canvassed the result as follows : Precinct 1. Ballots Cast: Republican 577 Democratic 126 Tota1703 Precinct 2 . Ballots Cast : Republican 563 Democratic 66 Tota1629 Precinct 3. Ballots east : Republican 599 Democratic 67 Tota1666 Precinct 4. Ballots Cast: Republican 535 Democratic 87 Total 622 2274 346 2620 The total number of ballots cast was Two thousand six hundred. twenty (2620) REPUBLICAN governor Pre . 1. Prec . 2 . Prec . 3. Prec . 4 Total Gaspar G. Bacon 292 425 420 312 1449 Frank A. Goodwin 219 102 123 180 624 • Blanks 66 36 56 43 201 Lieutenant Governor -- John W. Haigis 434 482 490 429 1835 Blanks 143 81 109 106 439 Secretary Frederic W. Cook 440 491 496 432 1859 Blanks 137 72 103 103 415 • Treasurer Oscar U. Dionne 223 277 285 214 999 Th6mas M. Vinson 194 166 189 187 736 Blanks 160 120 125 134 539 Auditor Elizabeth W. Pigeon 165 258 211 158 792 Elmer P . Atherton 11 12 18 15 56 Alonzo B. Cook 258 205 254 245 962 Irma Adelaide Rich 17 4 15 13 49 Blanks 126 84 101 104 415 -- Attorney General Joseph E. Warner 431 478 491 425- 1825 Blanks 146 85 108 110 449 Senator in Congress Robert M. Washburn 398 468 480 404 1750 Blanks 179 95 119 131 524 , . 109 Congressman Prec . 1. Free . 2 . Prec . 3 . Prec . 4 Total John M. King 72 44 35 80 231 Edith Nourse Rogers 425 464 496 380 1765 Blanks 80 55 68 75 278 Councillor George H. Bailey 142 103 138 106 489 James V-alter Balfour,Sr. 36 26 26 33 121 Eugene A. F. Burtnett 194 256 254 200 904 John Y. Myers 21 18 13 17 69 Blanks 184 169 168 179 691 Senator Mary Walsh Brennan 28 12 25 19 84 Joseph R. Cotton 415 470 485 407 1777 Louis Ellenwood 41 23 21 29 114 Blanks 93 58 68 80 299 Representatives in General Court Nelson B. Crosby 187 220 211 176 794 Hollis M. Gott 154 140 129 118 541 Charles M. Sawyer 62 74 73 70 279- Robert P . Trask 468 433 482 418 1801 Blanks 283 259 303 2881133 District Attorney Warren L. Bishop 425 477 486 413 1801 Richard McCabe 2 2 Blanks 150 86 113 122 471 Clerk of Courts Ralph N. Smith 415 446 472 391 1724 i Blanks 162 117 127 144 550 Register of Deeds Thomas Leighton 378 413 432 341 1564 George LeRoy Woods 39 32 33 49 153 Blanks 160 118 - 134 145 557 County Commissioner Smith J. Adams 55 61 58 41 215 George H. Brown 45 50 49 57 201 Wesley G. Collings 37 13 17 9 76 Harry J. Gilmore 64 64 96 75 299 Francis F. Griffith 38 29 15 40 122 Victor Francis Jewett 144 199 209 155 70'7 Blanks 194 147 155 164 660 I oxo Cil Associate Comm issinner. s X Prec . 1. Prec . 2. Prec . 3. Prec .4 Total John Alfred Brodbine 54 37 33 38 162 Robert D. Donaldson 269 338 382 284 1273 Melvin G. Rogers 216 296 293 193 998 Carroll E. Scott 131 86 93 132 442 Blanks 484 369 397 423 1673 Sheriff Howe Coolidge Amee 12 20 18 28 78 Joseph G. Bates 11 3 12 9 35 Harry Dunlap Brown 94 120 141 97 452 George Groombrid-e 5 5 2 2 14 John W. Justice 1 5 1 7 14 Clarence P . Kidder 27 37 52 25 141 Joseph M. McElroy 195 177 140 127 639 Ralph W. Robart 31 25 22 33 111 Wendell D. Rockwood 7 8 5 5 25 George A. C. Stone 16 11 12 19 58 Henry L. Walker 76 81 104 82 343 Blanks 102 71 - 90 101 364 DEMOCRATIC Governor Charles H. Cole 23 34 18 30 105 James M. Curley 88 30 44- 49 211 Frank A. Goodwin 11 1 4. 5 21 Blanks 4 1 1 3 9 _— Lieutenant Governor Joseph L. Hurley 57 40 36 43 176 Francis E. Kelly 47 18 17 24 106 Blanks 22 8 14 20 64 Secretary Joseph Santosuosso 38 31 22 34 125 James P. Blake 11 6 6 2 25 John J . Buckley 27 14 17 16 74 James Joseph Du7an 1 2 3 0 6 John D. O'Brien 5 0 2 5 12 Clement A. Riley 1 0 3 1 5 William F. Sullivan 9 2 3 8 22 Blanks 34 11 11 21 77 Treasurer Charles F. Hurley 90 57 49 65 261 Blanks 36 9 18 22 85 Auditor Thomas H. Buckley 68 46 38 51 203 '— Leo D. Walsh 24 10 15 15 64 Blanks 34 10 14 21 79 I 1111 Attorney General Prec . 1. PPrec. 2 . Prec . 3 Prec . 4 Total Paul A. Dever 49 42 17 39 147 John Martin Boyle 13- 3 8 9 33 Philip A. Chapman 8 2 9 0 19 Harold W. Sullivan 21- 10 15 15 61 Blanks 35 9 18 24 86 Senator in Congress L David I . Walsh 66 55 36 60 Edward P . Barry 33- 8 19 10 217 70 William Donahoe 9 0 2 4 15 Blanks 18 3 10 13 44 Congressman Joseph M. Halloran 12 9 6 20 47 George S. McLaughlin 41 29 21 21 112 William P . Morrissey 11 4 5 5 25 Jeremiah J. O' Sullivan 24 13 20 15 72 Blanks 38 11 15 26 90 Councillor James J. Brennan 27 27 20 29 103 David L. Burke 6 2 5 10 23 James E. Fitzgerald, 4r.18 5 11 10 44 Daniel J. Forrest 6 1 3 0 10 Robert J. Muldoon 18 10 5 1 34 Paul W. O 'Brien 14 5 5 7 31 Blanks 37 16. 18 30 101 Senator Walter J. Cleary 57 25 27 24 133 Maurice D. Condrey 29 31 26 37 123 Blanks 40 10 14 26 90 Representatives in General Court John A. Carr, Jr. 56 31 27 32 146 Joseph M. Cormier 26 16 12 20 74 Thomas G. Hennessy 54 26 30 35 145 Robert P . Trask 1 1 Blanks 116 58 65 87 326 1 District Attorney James J. Bruin 14 28 20 17 79 John A. Crowley 12 6 6 9 33 John F. Daly 27 13 15 21 76 Joseph M. Gavan 44 6 8 11 69 Blanks 29 13 18 29 89 ....— Clerk of Courts John J . Brennan 52 41 33 38 164 Edward L . Ford 29 7 14 12 62 John D. Medeiros 6 4 2 5 17 Blanks 39 14 18 32 103 { 1 11 t RE 'ISTER CF DEEDS O Prec . 1 Prec . 2 . Prec . 3. _Free . 4. Total John Gordon Duffy 54 37 34 . 40 165 John T. Ford 34 8 14 16 72 Blanks 38 21 19 31 109 County Commissioner Thomas B.Brennan 36 33 26 34 129 Robert F. Donovan 31 8 20 14 73 Louis F. Stuart 11 3 6 3 23 I] Blanks 48 22 15 36 121 Associate Commissioners Charles R. Brunelle 18 17 15 16 66 Edward L. Harley 14 9 9 11 43 Francis R. King 15 9 8 6 38 Thomas Murray 36 18 18 20 92 John A. Sweeney 46 28 24 24 122 Blanks 123 51 60 97 331 Sheriff Patrick J. Brennan 24 13 14 17 68 - Michael DeLuca 1 2 0 2 5 Charles P. Fox 5 0 2 2 9 William R. Griffin 5 2 0 4 11 John C. Kelleher 12 5 1 6 24 Daniel P . Leahy 11 7 7 4 29 Ralph W. Robart 12 13 9 6 40 Patric Henry Ryan 16 3 3 6 28 William H. Walsh 13 9 13 18 53 -- Blanks 27 12 18 22 79 A true copy Attest : e--1-A--4v6( own C rk 1 13 T OWN 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 the Cary Memorial Building, in said Lexington, on Monday, the twenty-nineth day of October, 1934 at 8 :00 P .M. , then and there to act on the following articles : Article 1. To receive the report of any Board of Town Officers or of anyCommittee of the Town, and to appoint other Committees . Article 2. To see if the Town will authorize the settlement of claims for damages b-% Guiseppe Chiuccariello resulting from sewer and highway takings by paying to him 6'400. in consid- eration of the conveyance by him to the To'-rn of Lots 8, 9, 10 and 11 on a plan by Elliott dated. August 10, 1918 and re- corded with Middlesex South District Deeds , Plan Book 268, Plan 35, and a release of damages hr him and a release of betterments by the Town, and to place t? is parcel of land under the control of the Board of Selectmen, acting as a Board of Park Commissioners and to provide for said payment btr trans- fer of said sum from available funds . Article 3. To see if the Town will vote to authorize the town treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the finan- -. - cial year beginning January 1, 1935 and to issue a note or notes therefor, payable within one year, and to renew such note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws; any debt or debts incurred under this vote to be paid from the revenue of the financial year beginning January 1, 1935 . Article 4. To see if the Town will vote to install street lights in the following streets : Fair Oaks Drive and. Haskell Street. Art:-le 5. To see if the Town will vote to transfer the sum of $8. 17 from available funds to the Water De-)artment Maint- enance Account to Pay a bill of the Lexington Plumbing and Heating Co. , Inc . Frederick H. Chase, Trustee, incurred in 1933. Article 6 . To see if the Tcvn will rote to transfer sums from available funds to the following accounts : Assessors : Collector of Taxes ; Printing Town By-Laws : Westview Ceneter-: Water Maintenance; Velfare ; So:Piers Relief: Other Finance Offices and Accounts ; Elections s_..d Registrations : Street Signs . [- Article 7 . To see if the Town will vote to transfer sums from available fands fcr labor and material on public works and for other expenses in connection therewith to be expended by the Selectmen for the aid of Persons employed under Emergency Relief Administration within the town. Article 8. To see if the Town will authorize or ratify the exnenditgre of funds allocated to the town by the Emergency Relief Administration of the United States in the deepening, widening and straightening of Clematis Brook in accordance with the plan of Metcalf %c Eddy. ii x.14 01 Article 9. To see if the To vn will authorize e Board of Selectmen to raze or demolish the old concrete standp4 ne on land of the Town near the new standnine and pro— de for the payment of tme cost thereof b-, transfer From other accounts, orb .,. issue of bonds or notes of the Town, or by a loan under the National. industrial. Recovery Act, so called, and Chanter 366 of the Act= of 1933, as amended, or by increasing the loan of $40, 000 .000 . au tm ori%ed by a to:vn _meeting held under date of August 14, 1933, or act in any manner relating; thereto. Article 10. To see if the Town will vote to install water mains in the following unaccoeted streets , subiect to the _. assessment of betterments and to take by eminent domain the necessary easement therefor: Plymouth Road, from Robbins Road in an easterly direction a distance of approximately 75 feet; Robbins Road from Plymouth Road in a southeasterly di- rection a distance of approximately 105 feet; Pineknoll Road from the present end northerly a distance of approximately 100 feet ; Chase Avenue from Bennett Avenue westerly, a distance of aonroximately 200 feet; and -provide for said installations by transfer from available funds . Article 11 . To see if the To' n. ll- vote to authorize the Selectmen to install sewers in the foll owinp' streets : Robbins Road, from Plymouth Road in a southeasterly direction a distance of annroximately 105 feet; Plymouth Road, from Robbins Road in an easterly direc- tion a distance of annroximately 75 feet; and provide funds for said installations bT- transfer from other accounts . Article 12 . To see if the Town will vote to transfer funds for the lowering: of the water main in Pleasant Street and completing the Blossom S.-reet extension and other emercency construction work, also for installation of water in other streets where it becomes necessary so to do . Article 13. To see if the Town will vote to ratify the action of the Selectmen in installing water mains in the follo Ting streets, subiect to the assessment of betterments : Simonds Road , from the present end in an easterly direction_ a distance of annroximately 150 feet; Blake Road, from Simonds Road in a southeasterly direction a distance of aonroxim.ately 350 feet ; Article 14 . To see if the Town will vote to transfer funds from the Trunk Line Sewer Account (Arlington Line to Bow Street) to the Sewer Construction Account, and to the Matur- ing Debt Account . And you are directed to serve this Warrant seven dans at least before the time of said meeting as provided in the By-Laws of the To-7n. hereof, fail not, and make due return on this Warrant, with your doings thereon, to the Town Clerk, on or before the time 115 of said meeting. Given under our hands at Le7-ington, this sixteenth dayof October. A.D. , 1934. Robert P . Trask John E. Gilcreast -',ELECTMEN Charles E. Fer7uson CF - Daniel J . O 'Connell LEXITiGTON John A. Lyons October 22 , 1934 . To the Town Clerk. I have notified the inhabitants of Lexington b77. posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other oub7ic placea in the Town and mailing a printed copy of the same to every registered voter in the Town seven da7Ts before the t'me of said meeting. Attest : Patrick J. Maguire Constable of Lexngton L SPECIAL MEETING OF TOWN MEETING MEMBER OF PRECINCT TWO Held Monday October 29, 1934 in Estabrook Hall Meeting was called to order by Town Clerk James J. Carroll at 7 :50 P.M. There were twenty-eight Town Meeting Members present. It was a unanimous vote that all nominations were to be made from the foor. For Chairman of the meeting the name of James J . Carroll was made and seconded. As a vote carried unanimously. For Clerk of the Meetin7 the name of James J. Cprroll was made and seconded . As a vote it was unanimous . The name of Randall Richards of 67 Farmcrest Ave . was made and seconded as a Town Meeting Member of Precinct Two to fill the vacancy caused by the resJgnation of Albert N. Webster tern to expire in 1936 . Motion made and seconded nominations be closed. Carried unanimously. It was a unanimous vote f-lat Randall W. Richards be elected as a Tow- iieeting Member of Precinct Two term to expire 1936 . The Clerk was instructed to cast one vote in favor 116 01 1.4 of Randall W. Richards . It was moved and seconded that the meeting be disolved . Carried, unanimously. -4 61 G :;:c---/k•-•94 ,Ler' of brae Meeting I hereby accent my e7_ecti _ as a Tov eeting Member of Precinct Two term expiring in 1936 as per the election held Mrnday October 29, 1934 by the Town Meeting Members of PrecinQt. Randall W. Richards SPECIAL MEETING OF TOWN MEETING MEMBERS OF PRECINCT FOUR geld Monday October 2.9, 1934 in the Clinic Room By official appointment of the Town Clerk, James 3. Carroll, Robert P . Trask opened the meeting at 7:50 P.M. . There were twenty-eight members present. It was a unanimous vote that Robert P. Trask serve as Chairman of the meeting. , It was a unanimous vote that Francis E. Burke act as Clerk of the meeting. Nominations were heard for the election of a Town Meet- ing Member to fill the vacancy caused by the resignation of Orville B. Denison, expiration of term 1936. The name of Frederic L. Fischer was made and seconded. It was a unanimous vote that nominations be closed. Ballots were passed and counted with the following result: twenty-eight votes were cast for Frederic L. Fischer, where- by he was duly elected a Town Meeting Member of Precinct Four, term expiring 1936. ' Motion was made and seconded that the meeting be dissolved. Unanimous 8:00 P.M. Attest: Francis E. Burke Clerk. I hereby accept my election as a Town. Meeting Member of Precinct Four, term. expiring 1936 as per meeting held October 29, 1934 Frederic L. Fischer. ----- ----- 11? SPECIAL TOWN MEETING HELD OCTOBER 29, 1934 The meeting was called to order by the Moderator, Robert H. Holt, at 8:08 P.M. There were one hundred forty-five Town Meeting Members present. Town Clerk, James J. Carroll, read the Warrant for the meeting until further reading was waived. A unanimous vote. Town Clerk, James J. Carroll, read the Constables re- turn of the Warrant. Selectman Mr. Trask moved to take up Article 1. Under Article One Mr. E. H. Locke, Chairman of the Salary Adjustment Committee, read the following report: TO THE TOWN' MEETING MEMBERS OF LEXINGTON: By vote of the Town Meeting on March 26, 1934, you instructed the Moderator to appoint a committee of seven, composed of the Chairman of the Board of Selectmen, the Chair- man of the Appropriation Committee, the Chairman of the School Committee, and one Town Meeting member from each of the four precincts to make recommendations to the Town Meeting con- cerning the restoration of the salary cut which became effec- tive July 1, 1933, and to report at some time during the current year. The committee so appointed offers the following report: Preliminary disl,.. ession of the question indicated that without knowledge of certain facts and figures not avail- -- able at this time the Committee should not try to reach a majority recommendation even though the members might hold individual opinions as to whether the time had come to make a restoration of pay in whole or in part. It is our belief that the majority of the Town Meeting members voted infavor of the 15% reduction for one or more of the following reasons : Be- cause other towns were reducing salaries ; because of reduction in the cost of living; because the Town Meeting members- and the taxpayers almost without exception had had their salaries and income reduced; and because in the face of high taxes and particularly the increasing cost of welfare work they believed that it was reasonable to expect Town employees to share in this added burden. It is entirely impossible for this Committee to secure accurate estimates of income and expenses for the next year and so indicate what the trend of our tax rate may be. The complete restoration of the pay cut would add ap- proximately $2 .00 to the tax rate, other figures remaining the same. The cost of welfare work appears to be particularly important and yet indefinite. Large amounts of Federal funds are being allocated to Lexington, which at the present time will reduce the assessed cost of our welfare work. But when r- these funds are no longer available an increased burden will fall upon the taxpayers, which may add several dollars to the tax rate. The certainty of changes in the cost of living, the cost of materials , the value of the dollar, and particularly the cost of welfare work convince this Committee that no specific recommendations can be made at this time and we have voted so to report to this Meeting. Respectfully submitted, October 26, 1934. E. H. Locke, Chairman ][18 Selectman Mr. Trask moved that the report be accepted as a report of progress and the time of duration of the Committee be extended for the current year. Carried unanimously 8:15 P.M. Under Article One Mr. Edwin B. Worthen, Chairman of replacing the German Field Piece Committee" read the follow- ing report: Because of the plans and preparations the local Legion were making towards securing a permanent home he offered the above be accepted as a report of progress until some future date. , As a motion it was seconded and carried unanimously 8:16 P.M. Under Article One Mr. Randall B. Houghton, Chairman of the School Committee, offered the following motion: VOTED: That the moderator shall appoint two additional members to serve on the Committee on Increasing High School Accommodations. Carried unanimously 8: 17 P .M. Under Article One Mr. A. Edward Rowse, Chairman of the Appropriation Committee offered the following report of appropriations approved: Appropriations approved by Appropriation Committee at a meeting held October 25, 1934. Art. 2 . $400.00 to be transferred from 'xcess & Deficiency Acct. Art. 5. 8. 17 to be transferred from Excess & Deficiency Acct. Art . 6. 100.00 to be transferred from Excess & Deficiency Acct. for Assessor' s Dept. 600.00 to be transferred from Excess & Deficiency Acct. for Collector' s Dept. 600.00 to be transferred from Excess & Deficiency Acct. for printing and publishing Revised Town By-Laws. 2000.00 to be transferred from Exeess & Deficiency Acct . for Water Maintenance. 6000.00 to be transferred from Excess & Deficiency Acct. for Public Welfare Dept. 600.00 to be transferred from Excess & Deficiency Acct. for Soldier' s Relief. 100.00 to be transferred from Excess & Deficiency Acct . for Other Finance Offices & Accounts. 50.00 to be transferred from Excess & Deficiency Acct. for Street Signs . 75.00 to be transferred from Excess & Deficiency Acct. for Elections and Registrations. The Appropriation Committee agreed to defer action on approving an appropriation for shingling a house at Westview Cemetery until the Committee had an opportunity to make a personal inspedtion of the property, being agreed that rep- resentatives of the Committee would make the inspection on Sunday October 28, 1934. Art. 7. $1000.00 to be transferred from Excess & Deficiency Acct. Art. 9. The Committee voted to recommend that no action be taken with reference to the destruction or the dmolition of the old concrete standpipe and that no further amount be appropriated for the standpipe project. 119 Art. 10. $1700.00 to be transferred from Excess & Deficiency Acct . Art. 11 1000.00 to be transferred from Sewer Constriction-- Trunk Line--Arlington Line to Bow Street Account. Art. 12 4300.00 to be transferred from Excess & Deficiency Acct. Art . 14 7000.00 to be transferred from Sewer Construction-- ,.- Trunk Line--Arlington Line to Bow Street Account. A. Edward Rowse Chairman Appropriation Committee Selectman Mr. Trask moves to take up Article Two offering the following and voted upon in two Parts : Art. 2.. Voted: That the Board of Selectmen be and they hereby are authorized to compromise the claim of Guiseppe Chiuccariello against the Town for damages alleged to result from certain takings of the land hereinafter re- ferred to for highway purposes and for sewer purposes by the payment to him of the sum of $400 on the conveyance by him to the Town after approval of title by the Town Counsel of Lots numbered 8, 9, 10, and 11 on a plan by Elliott dated August 10, 1918, and recorded with Middlesex South District Deeds, Plan Book 268, Plan 35, by quitclaim deed subject to the rights already taken therein by the said Town for highway purposes and for sewer purposes and subjee- to taxes for the current year together with a release by the grantor of all claims for damages resulting from the said taking, and that the Selectmen be further authorized to release any claim which the Town may have against the said grantor by reason of any assessment of betterments incidental to the said takings, and for the purpose of possessing said land the sum of 8400 is hereby transferred from the Excess and Deficiency Account, and ( as first part) Carried unanimously 8:21 P.M. Further voted, that this parcel of land be placed under the jurisdiction of the Board of Selectmen, acting as Park Com- missioners. ( second part) Carried unanimously 8:22 P .M. Selectman Mr. Trask moves to take up Article Three offering the following: Art. 3. Voted: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1935, and to issue a note or notes therefor, payable within one year, and to renew such note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws ; any debt or debts incurred under this vote to be paid from the revenue of the financial year beginning January 1, 1935. Carried unanimously 8:25 P .M. Selectman Mr. Trask moves to take up Article Four offering the following: Art. 4. Voted: That the Selectmen be authoriz2d to install street lights in Fair Oaks Drive and Haskell •Street. Carried unanimously 8 :26 P .M. Selectman Mr . Trask moves to take up Article Five offering the following: 120 offering the following: Art. 5. Voted that the sum of X8.17 be transferred from the Excess and Deficiency Account to the Water Department Maintenance Account to Pay a bill of the Lexington Plumbing and Heating Co. , Inc. , Frederick H. Chase, Trustee, incurred in 1933. Carried unanimously 8:27 P.M. Selectman Mr. Trask moves to take up Article Six. Mr . Wood, Chairman of the Cemetery Committee, under Article 6 moves that $200.00 be transferred from Excess & Deficiency Account to Cemeteries Account: Motion as presented Lost unanimously 8:30 P.M. Selectman Mr. Trask offered the following which were presented and voted upon separately: to be transferred from Jxcess and Deficiency Accounts. Assessors $ 100.00 carried unanimously 8:31 P . M. Collector of Taxes $600.00 carried unanimously 8:32 P .M. Town By-Laws $600.00 carried unanimously 8:33 P.M. Water Maintenance 412000.00 carried unanimously 8:35 P.M. Public Welfare $6000.00 carried unanimously 8:39 P.M. Soldier' s Relief $600.00 carried unanimously 8:40 P .M. 0t her Finance Offices & Accounts 5100.00 carried unanimously 8:41 P:M. Street Signs $50.00 carried unanimously 8:42 P.M. Elections & Registrations $75.00 carried unanimously 8:43 P .M. Question by Mr. Hollis Webster as to the amount of money in Excess and Deficiency Account at the present time. Answered by Selectman Mr. Trask. Selectman Mr. Trask moves to take up Article Seven offering the following: VOTED: That the sum of $1000.00 be transferred from the Excess & Deficiency Account for labor and material on public works and for other expenses in connection there- with to be expended by the Selectmen for the aid of persons employed under Emergency Relief Administration within the Town. Carried unanimously 8:44 P .M. Selectman Mr. Trask moves to take up Article Eight offering the following: VOTED: That the Board of Selectmen be authorized to deepen, widen and straighten Clematis Brook in accordanee with the plan of Metcalf & Eddy and to expend the funds alloted to the town by the Emergency Relief Administration of the United States for that purpose. Carried unanimously 8:48 P.M. Selectman Mr. Trask moves to take up Article Nine offering the following: VOTED: That the Board of Selectmen be authorized to raze or demolish the old concrete standpipe on land of the Town near the new standpipe, as a part of the project to con- struct a steel standpipe, Docket No. 2263, authorized by a town meeting held under date of August 14, 1933, under the National Industrial Recovery Act, so called, and Chapter 366 of the Acts of 1933, as amended , and for the purpose of pro- viding for the cost thereof, the sum of $6000. be and hereby is transferred from the Excess & Deficiency Account. Mr. Trask offered the following correction to the original 121 as read, in place of "and hereby istransferred from the Excess and Deficiency Account" to read "be appropriated and the Town Treasurer with the approval of the Selectmen be- authorized to borrow the sum of $6000.00 and to issue bonds or notes therefore payable in accordance with law." Remarks by A. Edward Rowse, Chairman of the Appropriation Committee . Questions and suggestions from the following: Messrs; Chamberlain, Ellis , Cutter, Sarano. r- Mr . Sarano makes motion that Article 9 be indefinitely postponed. Seconded. Indefinite postponement carried unanimous . - Article 9 declared lost 8:58 P.M. Selectman Mr. Trask moves to take up Article 10 offering the following: VOTED: That the Board of Selectmen be authorized to install water mains , not less than six inches in diameter and subject to the assessment of betterments and to take by eminent domain the necessary easement therefor in the following unaccepted streets : Plymouth Road, from Robbins Road, in an easterly direction, a distance of approximately 75 feet; Carried unanimously 8:59 P.M. Robbins Road, from Plymouth Road in a southeasterly direction, a distance of approximately 105 feet; Carried unanimously 9:00 P.M. Pineknoll Road from the present end northerly a distance of approximately 100 feet; Carried unanimously 9:01 P.M. Chase Avenue from Bennett Avenue westerly, a distance of approximately 200 feet; Carried unanimously 9 :02 P .M. and for the purpose of said construction and installation of water mains, the sum of $1700. be transferred from the Excess & Deficiency Account . Carried unanimously 9 :03 P .M. Selectman Mr. Trask moves to take up Article Eleven offering the following: VOTED: That the Board of Selectmen be authorized to install a sewer in an unaccepted street called Robbins Road, from Plymouth Road in a southeasterly direction a distance of approximately 105 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimously 9 :04 P.M. VOTED: That the Board of Selectmen be authorized to install a sewer in an unaccepted street called Plymouth Road, -from Robbins Road in an easterly direction a distance of ap- proximately 75 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimously 9:05 P .M. L and for the purpose of said construction and install- ation of sewers the sum of $1000. be transferred from the Trunk Line Sewer Account (Arlington Line to Bow Street) . Carried unanimously 9:06 P.M. 122 cn Selectman Mr. Trask moves to take up Article 12 offering the following: VOTED: That the sum of $4300 be transferred to the Water Construction Account from the Excess and Deficiency Account for the lowering of the water main in Pleasant Street and completing the Blossom Street water main extension, and doing other emergency construction work and installing water mains in streets where it becomes necessary. ~, Questions by Messrs . Cutter, Hutchinson and Cutter. Motion made by Mr . Cutter that a Committee of three be appointed by the Moderator to investigate the matter of appropriations for water main construction, Pleasant & Blossom Streets extenstion. Above motion seconded. Above motion as presented declared lost unanimous 9:24 P.M. Original motion of Article 12 as presented by Selectman Mr. Trask put to a vote. Carried unanimous 9:25 P .M. Selectman Mr. Trask moves to take up Article 13 offering the following: VOTED: That the action of the Board of Selectmen in installing water mains, subject to the assessment of bet- termentw and taking by eminent domain, in Simonds Road, from the present end in an easterly direction, a distance of ap- proilmately 150 feet, and Blake Road, from Simonds Road in a southeasterly direction a distance of approximately 350 feet, be and the same hereby is ratified and approved. Carried unanimously 9 :26 P .M. Selectman Mr. Trask moves to take up Article 14 offer- ing the following: VOTED: That the sum of $7000 be transferred from the Trunk Line Sewer Account (Arlington Line to Bow Street) _.— to the Maturing Debt Account. Carried unanimously 9:28 P.M. Motion made and seconded that the meeting be dissolved. Carried unanimously 9:29 P.M. A true record. Attest: ___ _ '---4.6. -," Town Jerk. (/// 123 WARRANT FOR STATE ELECTION 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 you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Elections to meet in EMERSON HALL, STONE BUILDING, East Lexington, (Precinct One) CARY MEMORIAL BUILDING, Lexington Centre , (Precinct Two, Precinct Three and Precinct Four) on TUESDAY, the SIXTH day of NOVEI>>BER, 1934 at seven o' clock A.M. to cat their ballots for the following officers : Governor; Lieutenant Governor; Secretary; Treasurer; Auditor; Attorney General; Senator in Congress ; Representative in Congress; Councillor; Senator; Representatives in General Court : District Attorney; Clerk of Courts; Register of Deeds ; County Commissioner; Two Associate County Commissioners ; Sheriff .( to fill vacancy) And to take action on the following questions : Question NO. 1. Law Submitted Upon Referendum Petition. Shall a law described as follows : This law amends Gneral Laws, Chapter 131, as previously amended, by repealing section 105A thereof and adding thereto three new sections, 105B, 105C and 114A. Section 105B provides that whoever uses any trap or other device for capture of fur bearing animals , which is not designed to kill such animal at once or to take it unhurt and which is likely to cause continued suffering to an animal caught therein, shall be fined fifty dollars , but traps or other devices for protection of property, set not more than fifty yeards from any building, cultivated plot, or enclosures used for rearing poultry or game birds, to the use of which the presence of 17 vermin may be detrimental, are excluded from the application of this section. Section 1050 provides for the submission to the voters at a municipal election in any city or town upon petition, of the question of whether the operation of section 105B shall be suspended or if it has been already suspended, of the question whether it shall again be operative in such city or town. Section 114A provides that the Commissioner of Conserva- tion may suspend the operation of section 105B for a period not exceeding thirty days within any specified territory under the control of this department . 1 124 C..11 This law also provides f'-)r the submission, by the selectmen to the voters at a special town meeting in the c current year. upon petition, of the question as to whether the provisions o section 105B shall be sus- Yes pended in any town; and which was approved by both branches of the General Court by vote not recorded, No be approved? To obtain a full expression of opinion, voters should vote on both of the following questions : (a) If a voter desires to permit the sale of any and all alcoholic beverages in this town he will vote "YES" on both question:. (b) If he desires to permit the sale of wines and malt beverages only herein, he will vote "NO" on question 1 and "YES" on question 2. ( c) If he desires to prohibit the sale of any and all alcoholic beverages herein, he will vote "NO" on both questions. 1. Shall licenses be granted in this town for the sale therein of all alcoholic beverages (whisky, rum, Yes r- gin, malt beverages, wines and all other alcoholic beverages)? No 2. Shall licenses be granted in this town for the sale therein of wines and malt' beverages (wines Yes and beer, ale and all other malt beverages ) ? No 1. Shall the pari-mutuel system of betting Yes on licenses horse races be permitted in this county? No 2. Shall the pari-mutuel system of betting I Yes on licenses dog races be oerrr+i tted in this county? I No The polls will be open at 7 :00 A.M. and will remain open until 8:00 P .M. 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 , t'-Hereon, to the Town Clerk, on or before tne time of said meeting. Given under our hands , at Lexington, this eighteent . ,i day of October, A.D. , 1934. Robert P . Trask y I John E. Gilcreast SELECTMEN Charles E. Ferguson OF Daniel J. O'Connell t < John A. Lyons LEXINGTON .. 125 October 22nd. 1934. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town eight days before the r— time of said meeting . Attest: Patrick J. Maguire. Constable of Lexington STATE RUCTION NOVEMBER 6, 1934 The following election officers had been appointed by the Selectmen and were assigned to duty at the four precincts as follows : Precinct One Warden Charles J. Dailey Deputy Warden Mrs. Mary A. Rowland Inspector Frances Harrington Inspector George E. Foster Deputy Inspector Alfred Hayward Deputy Inspector Donald Cameron Clerk Mabelle S. Peavy Deputy Clerk Arthur W. Hughes Teller Eugene L. Morgan Teller Harold MacGilvray Teller Alice G. Marshall Teller George F. Stygles Precinct Two Warden Irving B. Pierce Deputy Warden Victor Harmon Inspector George V. Morse L Inspector Randall Richards Deputy Inspector Elizabeth Nourse Deputy Inspector William E. Manley Clerk John H. Dacey Deputy Clerk Frederick Connor Teller Harry G. Frost Teller Clifford Pierce Teller Edward McGrory Teller Ruth Ray 126 Precinct Three Warden Harvey Winlock Deputy Warden Frederick Tullar Inspector James T. McGann Inspector Charles E. Moloy, Jr. Deputy Inspector Emma Hovey Deputy Inspector John Cocoran Clerk James L. McKenzie Deputy Clerk Samuel W. Wellington Teller Timothy Kinneen Teller Esther Graham Teller John J. McCormick Teller Edward B. O'Connor Precinct Four Warden Howard E. Custance Deputy Warden William E. Mulliken Inspector Warren Haynes Inspector Margaret Merrick Deputy Inspector Irene Robinson Deputy Inspector Daniel A. Gorman, Jr. Clerk Frank Maguire Deputy Clerk Margaret T. Kennedy Teller Agnes Hall Teller James J. Waldron Teller Clifford R. Harvey Teller Harry F. Howard The polls were declared open in each Precinct at seven o' clock A.M. and remained open in each Precinct until eight o'clock P.M. The election officers were sworn to the faithful per- formance of their duties. The ballots were counted by the election officers in each Precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots , delivered to the Town Clerk at his office . The total registration of voters was 4941 ( four thousand nine hundred forty-one . ) Precinct. 1 Total number of voters : 1308 Thirteen hundred eight Precinct. 2 Total number of voters : 1187 Eleven hundred eighty-seven Precinct. 3 Total number of voters : 1230 Twelve hundred thirty Precinct. 4 Total number of voters : 1216 Twelve hundred sixteen The Town Clerk and Board of Registrars canvassed the result as follows : Precinct . 1 Ballots cast: 1120 Eleven hundred twenty. Precinct. 2 Ballots cast : 1035 Ten hundred thirty-five . .o.. Precinct. 3 Ballots cast: 1097 Ten hundred ninety-seven. Precinct. 4 Ballots cast: 1018 Ten hundred eighteen. Total vote cast: 4270 Four thousand two hundred and seventy. 127 GOVERNOR Prec.l. Prec.2 . Prec .3. Prec . 4 Total John W. Aiken 3 1 2 0 6 Gaspar G. Bacon 582 734 703 605 2624 James M. Curley 414 218 340 319 1291 Freeman W. Follett 0 2 0 1 3 r Frank A. Goodwin 99 64 40 73 276 Alfred Baker Lewis 11 7 4 4 26 Edward Stevens 2 0 0 2 4 Blanks 9 9 8 14 40 Total 1120 1035 1097 1018 4270 LIEUTENANT GOVERNOR Elizabeth Donovan 19 16 9 10 54 John W. Haigis 647 758 737 642 2784 Horace I. Hillis 4 4 5 6 19 Joseph L. Hurley 396 230 333 324 1283 Florence L. Lawton 3 4 0 4 11 Horace Riley 4 1 0 4 9 Blanks 47 22 13 28 110 Total 1120) 1035 1097 1018 4270 SECRETARY ® Walter Burke 4 0 1 5 10 Frederic W. Cook 675 791 753 653 2872 George L. McGlynn 6 3 5 3 17 Leslie A. Richards 17 14 21 11 63 Joseph Santosuosso 354 194 298 301 1147 William B. Taylor 4 2 2 4 12 Blanks 60 31 17 41 149 Total 1120 1035 1097 1018 4270 TREASURER Oscar U . Dionne 564 690 681 586 2521 William R. Ferry 14 8 6 12 40 Thomas Gilmartin 5 2 8 7 22 Charles F. Hurley 451 288 370 361 1470 Harry Maltzman 13 13 6 9 41 Frederick S. Reynolds 6 1 0 5 12 Blanks 67 33 26 38 164 Total 1120 1035 1097 1018 4270 AUDITOR Henning A. Blomen 9 2 4 5 20 Thomas H. Buckley 398 284 368 349 1399 Alonzo B. Cook 592 657 658 585 2492 Walter S. Hutchins 18 22 12 13 65 Paul Skers 4 0 0 2 6 Blanks 99 70 55 64 288 Total 1120 1035 1097 1018 4270 128 oi ATTORNEY GENERAL X Prec . 1 Prec. 2 . Prec . 3. Prec. 4. Total Morris Berzon 18 13 7 13 51 Paul A. Dever 368 226 324 309 1227 Charles A. Flaherty 3 0 1 3 7 George F. Hogan 3 3 4 9 19 Fred E. Delcher 5 3 - 5 3 16 Joseph E. Warner 651 755 727 629 2762 Blanks 72 35 29 52 188 Totals 1120 1035 1097 1018 4270 — SENATOR IN CONGRESS Albert Sprague Coolidge 18 15 10 16 59 W. Barnard Smith 3 4 4 9 20 David I. Walsh 508 377 449 447 1781 Robert M. Washburn 527 617 599 516 2259 Albert L. Waterman 8 0 3 0 11 Paul C. Wicks 2 1 1 4 8 Blanks 54 21 31 26 132 Totals 1120 1035 1097 1018 4270 CONGRESSMAN (5th Dist . ) Jeremiah J. O' Sullivan 318 191 295 285 1089 Edith Nourse Rogers 737 819 770 704 3030 Blanks 65 25 32 29 151 Totals 1120 1035 1097 1018 4270 COUNCILLOR ( 6th Dist. ) James J. Brennan 358 236 322 32.5 1241 Eugene A. F. Burtnett 633 725 702 615 2675 Blanks 129 74 73 78 354 Totals 1120 1035 1097 1018 4270 SENATOR (7th Middlesex Dist . ) Walter J. Cleary 350 207 310 308 1175 Joseph R. Cotton 693 791 747 670 2901 Blanks 77 37 40 40 194 Totals 1120 1035 1097 1018 4270 REPRESENTATIVES IN GENERAL COURT (28th Middlesex Dist. ) .john A. Carr, Jr. 336 212 293 288 1129 1 Nelson B. Crosby 600 709 673 594 2576 Hollis M. Gott 583 663 656 555 2457 J Thomas G. Hennessy 271 172 258 237 938 Blanks 450 314 314 362 1440 Totals 2240 2070 2194 2036 8540 129 DISTRICT ATTORNEY (Northern Dist. ) Prec . 1 . Prec .2 . Prec. 3. Prec . 4. Total Warren L. Bishop 586 661 624 594 2465 James J. Bruin 262 155 238 218 873 Richard S. McCabe 200 181 22 159 742 Blanks 72 38 33 47 190 Totals 1120 1035 1097 1018 4270 r-- CIRRK OF COURTS (Middlesex County) John J. Brennan 345 217 319 304 1185 Ralph N. Smith 648 740 722 624 2734 V. Philip Torigian 19 14 10 12 55 Blanks 108 64 46 78 296 Totals 1120) 1035 1097 1018 4270 REGISTER OF DEEDS (Middlesex Southern Dist. ) John Gordon Duffy 369 218 317 297 1201 Thomas Leighton 633 747 729 636 2745 Blanks 118 70 51 85 324 Totals 1120 1035 1097 1018 4270 COUNTY COMMISSIONER (Middlesex County) Thomas B. Brennan 357 217 MS 310 1202 Earl C. Hamilton 27 15 14 17 73 7 Victor Francis Jewett 597 731 698 596 2622 L Blanks 139 72 67 95 373 Totals 1120 1035 1097 1018 4270 1 ASSOCIATE COMMISSIONERS (Middlesex County) Robert D. Donaldson 567 676 662 538 2443 Edward L. Harley 315 196 285 277 1073 Thomas Murray 289 182 253 258 982 Alfred H. Pigott 22 12 80 13 127 Melvin G. Rogers 544 661 576 551 2332 John D. Sexton 21 12 11 15 59 Blanks 482 331 327 384 1524 Totals 2240 2070 2194 2036 8540 , SHERIFF (Middlesex County) Donald P . Hurd 18 14 14 19 65 Joseph M. McElroy 671 729 710 605 2715 Ascanio di Rago 4 0 1 1 6 Ralph W. Hobart 351 244 327 325 1247 Blanks 76 48 45 68 237 Totals 1120 1035 1097 1018 4270 130 Cil 120,029 QUESTION NO . 1 Prec . 1. Prec .2 . Prec. 3 Prec. 4 Total Yes 379 341 386 395 1501 No 301 337 319 226 1183 Blanks 440 357 392 397 1586 Totals 1120 1035 1097 1018 4270 QUESTION NO. 2 -- Yes 608 479 515 527 2129 No 388 476 477 373 1714 Blanks 124 80 105 118 427 Totals 1120 1035 1097 1018 4270 QUESTION NO. 3 Yes 632 572 590 540 2334 No 323 350 359 320 1352 Blanks 165 113 148 158 584 Totals 1120 1035 1097 1018 4270 QUESTION NO. 4 Yes 652 482 558 582 2274 No 299 413 385 307 1404 Blanks 169 140 154 129 592 Totals 1120 1035 1097 1018 4270 QUESTION NO. 5 Yes 478 318 384 424 1604 No 417 541 503 405 1866 Blanks 225 176 210 189 800 Totals 1120 1035 1097 1018 4270 A true record. Attest: /Town/;k. � �� . 131 Recount held November 17, 1934 for the Office of Governor' s Council Upon Proper petition of Eugene A. F. Burtnett a recount was held November 17, 1934 of the votes cast on November 6, 1934 for the office of Governor' s Council 7 I held in Selectmen' s Room, Town Office Building. The following tellers were sworn to the faithful performance of their duties for said recount: Irving B. Pierce Eugene T. Buckley Frederick J. Lowe Howard E. Custance James L. McKenzie Samuel Wellington Richard E. Truesdell Bartlett J. Harrington and the result of the canvass by the Board of Registrars was as follows : Governor' s Council Prec . 1. Prec . 2 . Prec . 3. Prec . 4 Total James J. Brennan 362 ' 236 320 326 1244 7- Eugene A.F. Burtnett 630 725 704 616 2675 IL Blanks 128 74 73 76 351 1120 1035 1097 1018 4270 James J. Brennan gained three . Eugene A. F. Burtnett remained the same . Blanks lost three . A true record . 7 Attest : L'- (N , /fi 1 ____ ___.ev livn C erk. / 7_ , , 1 132 Recount held December 15 for the office of • Secretary of State Upon proper petition of FrederiC W. Cook a recount was held December 15, 1934 of the votes cast on November 6, 1934 for the office of Secretary held in Selectmen' s Room, Town Office Building. The following tellers were sworn to the faithful performance of their dutie& for said recount : Irving B. Pierce Eugene T. Buckley Frederick J . Lowe Howard E. Custance James L. McKenzie Samuel Wellington Richard E. Truesdell Bartlett J. Harrington and the result of the canvass by the Board of Registrars was as follows : Secretary Prec . 1 Prec . 2 Prec. 3 Prec. 4 Total Walter Burke 4 0 2 6 12 Frederic W. Cook 674 791 753 652 2870 George L. McGlynn 6 3 4 3 16 Leslie A. Richards 17 14 B 11 50 Joseph Santosuosso 355 194 311 301 1161 William B. Taylor 4 2 1 4 11 Blanks 60 31 18 41 150 Totals 1120 1035 1097 1018 4270 Walter Burke gained two (2 ) Frederic W. Cook lost two (2 ) Georr4e L. McGlynn lost one ( 1) Leslie A. Richards lost thirteen ( 13) Joseph Santosuosso gained fourteen ( 14) William B. Taylor lost one ( 1) Blanks gained one ( 1) A true record, Attest : ToiJyp. le rk.. • 133 Approval of General By-Laws of the Ton of Lexington, as adopted at a Special Toy--n Meeting held June 25, 1934. Boston, Mass ., December 17, 1934. The foregoing by-laws are hereby approved with the exception of Article II, Sec. 2; Article VI, Sec. 2; - - Article XXIV Sec. 49; Article XXV, Sec . 2, rhich are a e hereby disapproved. Joseph B. Warner, Attorney General. This is to certify that the foregoing General By-Laws of the Town of Lexington were published in the Lexington Minute-Man Deceober 27, 1934 andn January=aa-y 3, 1935 and January 10, 1935. Oil ttest: el'ir. ' i ', Town Clerk. i 134 T OWN 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 nitify the inhabitants of the Town -- of Lexington, qualified to vote in elections and in town affairs, to meet in their respective voting places in said town, PRECINCT ONE, EMERSON HALL; PRECINCT TWO, THREE AND FOUR, CARY MEMORIAL HALL, on MONDAY., TNF FOURTH DAY OF MARCH, A. D. 1935, at six o'clock A. M. , then and there to act on the following articles : Article 1. To choose by ballot the following town officers : One` Town Clerk for the tern of one year; Two Selectmen for the term of three years; One Town Treasurer for the term of one year; One Collector of Taxes for the term of one year; One Cemetery Commissioner for the term of three years ; One Member of the School Committee for the term of three years; Two Constables for the term of one year; One Moderator for the term of one year; Two Members of the Planning Board for the term of three years; One Member of the Planning Board for the term of two years ; Seventeen Town Meeting Members in each Precinct for the term of three years ; Three Town Meeting Members in Precinct One for the term of two years; One Town Meeting Member in Precinct Four for the term of two years; One Town Meeting Member in Precinct Four for the term of one year, And to take action on the following question: "Shall the operation of section one hundred and five B of chanter one hundred and thirty-one of the General Laws, requiring for the taking of fur-bearing animals the use of traps that kill at once or take such animals alive unharmed, be suspended within this town? YES NO The polls will be open at 6:00 A.M. and will remain open until 8:00 P. M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the eighteenth day of March, 1935 at 8 :00 P. M., at which time and place the following articles are to be acted upon anddetermined exclusively by the town meeting members, in accordance with Chapter 215 of the Acts of 1929 and sublect to the referendum provided for by section eight of said chapter. 135 Article 2. To receive the report of any Board of Town Officers or of any Committee of the Town, and to appoint other Committees. Article 3. To choose such Town Officers as are required by law and are usually chosen by nomination. Article 4. To see if the Town will vote to authorize -~� the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1936, and to issue a note or notes therefor, Payable within one year, andto renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Article 5. To see if the Town will vote to authorize the Treasurer, with the a-proval of the Selectmen, to extend as much as is necessary of the revenue loans of 1935 for a period not to exceed six months beyond the maximum term provided by law for an original revenue loan, under authority of and in accordance with the Provisions of Chapter 3 of the Acts of 1933, or take any action relative thereto. Article 6. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1935, in accordance with the provisions of Section 17, Chapter 44, General Laws ; any debt so incurred to be paid from the revenue of the year 1935. r— Article 7. To see if the Town will make the usual appropriations for Town expenses for the ensuing year, or act in any manner relating thereto. Article 8. To see if the Town will make an appropriation for the Suppression of Gypsy and Brown Tail Moths, and other pests, in accordance with Chapter 132, General Laws, or act in any manner relating thereto. Article 9. To see if the Town will vote to transfer funds to the Reserve Fund as provided by Chapter 40, Section 6, General Laws, or take any action relating thereto. Article 10. To see if the Town will vote to appropriate funds for the payment of pensions to retired members of the Police and. Fire Departments, under Chapter 32, General Laws, or act in any manner relating thereto. Article 11. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1935. Article 12. To see if the Town will vote to appropriate money for the support of a Posture Clinic, to be expended under the direction of. the Board of Health or by a committee appointed by said Board, or act in L any manner relating thereto. Article 13. To see if the Town will vote to appropriate a sum sufficient to pay the County of Middlesex, as required bylaw, the town' s share of the net cost of the care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, as assessed in accordance with the provisions of Chapter 111 of the General Laws and Acts in amendment thereof and in addition thereto br take any action in relating thereto. 3 Article 14. To see if the Town will vote to transfer the sum of $1720.16 received from the Middlesex County for dogs fees to the Cary Memorial Library Account. Article 15. To see if the Town will vote to install street lights in Pine Knoll Road. Article 16. To see if the Town will vote to accept the recommendation of the Selectmen for the changing of the names of certain streets, or act in any manner - relating thereto. Article 17. To see if the Town will vote to establish a clinic for the free immunization of dogs against rabies, and appropriate money for said clinic. Article 18. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects. Article 19. To see if the Town will vote to transfer the following balances to the Excess and Deficiency Account ; Highway Construction, Blake Road .06 rr tt Eaton Road .15 ft tt Fletcher Avenue 1.64 ft Valley Road .04 Bridge Construction, Sherman Street .05 Sewer Construction, Sundry 260.18 Sewer Construction, Robbins & Plymouth Roads 781.23 or act in any manner relating thereto. Article 20. To see if the Town will vote to appropriate money for the unpaid bill for the year 1933 of the Health Department. Article 21, To see if the Town will vote to appropriate money for the unpaid bills for the year 1934 of the following accounts : Town Office and Cary Memorial Building $38.82 Snow Removal 29.01 Highway Maintenance 66.70 Parks and Playgrounds 27.55 or act in any manner relating thereto. Article 22. To see if the Town will vote to appropriate money to complete the construction of Pleasant and Watertown Streets to the new Concord Avenue Turnpike, s a distance of approximately 2600 feet, under Chapter 90, of the General Laws , and amendments : if Town will vote to Article 23. To see the _ money to construct Lincoln Street, from Marrett Road in a northeasterly diredirectiona distance of 3600 feet, un9er Chapter 90 of the General Laws, and amendments. Article 24. To see if the Town will vote to establish the compensation of the Collector of Taxes, Town Clerk and Town Treasurer. 137 Article 25. To see if the Town will vote to appropriate money for a compressor for the use of the Highway Department. Article 26. To see if the Town will vote to establish a new account to be called Water Department, Stock Account, and appropriate money f'or said account by transfer from other funds. Article try . To see if the Town will vote to install water mains in the following unaccepted streets, subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor; Pinewood Road, from the present end, to Follen Road, a distance of approximately 360 feet; Summit Road, from the present end a distance of approximately 250 feet; Blake Road, ` from Nichols Road to a point beyond Nowers Road, a distance of approximately 1500 feet, and provide funds for said installation by direct appropriation and by transfer from other funds. Article 28. To see if the Town will vote to install water mains in the following accepted streets : Massachusetts Avenue, from Child's Garage to Pleasant Street, a distance of approximately 1700 feet; Bedford Street, from Elm Avenue to Tewkesbury Street, a distance of approximately 2075 feet; and provide funds for said installation by direct appropriation, by transfer or by issue of bonds or notes therefor. Article 29. To see if the Town will vote to _install water mains in such accented or unaccented streets as may be applied for during the year 1935 in accordance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor, and appropriate money for said installation of mains by direct appropriation and by transfer from other funds . Article 30. To see if the Town will vote to establish a new account to be called Sewer Department, Stock Account, and appropriate money for said Account. Article 31. To see if the Town will vote to transfer from other funds or appropriate additional money for the Trunk Line Sewer Account. Article 32. To see if the Town will vote to authorize the construction of a trunk line sewer extending from the Boston & Maine RR at the Arlington Line northeasterly a distance of approximately 1600 feet to a point just easterly of Rindge Avenue, and provide funds for said installation by direct appropriation, by the issue of bonds or notes or otherwise. Article 33. To see if the Town will vote to authorize the Selectmen to install sewers in the following accepted and-unaccepted streets, subject to the assessmentof betterments, and to take by Eminent Domain the necessary easements therefor: 138 Blake Avenue, from Edgewood Road to Wadman Circle, a distance of approximately 185 feet; Wadman Circle, from Blake Ave . to end, a distance of approximately 200 feet; Pinewood Road, from the present end a distance of approximately 125 feet; Belfry Terrace, from the present end a distance of approximately 65 feet, and provide funds for said installation by direct appropriation or by transfer from other funds. Article 34. To see if the Town will vote to appropriate money for the completion of the disposal of surface drainage in East Lexington as authorized by the vote of the Town, March 19, 1934. Article 35. To see if the Town will make provisions for the disposal of surface drainage in Haskell Street, Lowell Street and private lands by the construction of drains or conduits, or diversion or relocation of brooks and for that purpose take lands or easements by Eminent Domain and provide for the payment therefor by direct appropriation. Article 36. To see if the Town will vote to purchase and accept from Peter J. and Margaret E. Knnneen the conveyance of deed of a parcel of land comprising approximately five and one half, acres and located on Burlington Street the same to be used as a skating rink or for other park purposes, and place the same in the control of the Board of Selectmen, acting as Park Commissioners. Article 37. To See if the Town will vote to amend the Zoning By-Law as follows : By inserting after Section 3, C-I Districts, Paragraph 30, a new paragraph which shall read as follows; 30a. At the -lunction of East and Lowell Streets, in the southeast corner of the intersection, extending 196 feet along Lowell Street and 250 feet along East Street, and of a depth of 200 feet throughout. Article 38. To see if the Town will vote to establish the office of Information Clerk, the position to be filled by appointment by the Selectmen, for a term not to exceed one year, and that the sum of 450 be appropriated therefor. Article 39. To see if the Town will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax titles. Article 40. To see if the Town will appropriate money to pay the necessary expenses of the Superintendent of Schools incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the School Department and for the purpose of meeting the appropriation and to establish the new account to be opened for that purpose the sum of 490 be appropriated. 139 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 twelfth day of February, A.D. , 1935. RO1 TRT P. TRASK SELECTMEN JOHN ;., S,BFA SP _ CHARLES '. F'RRCTT,S(ThT OF j?ANIEL T. O'COIVELL_ JOHN W. LYONS LEXINGTON February 23, 1935. To the Town Clerk, I' have notified the inhabitants of Lexington bypostinprinted copies of the foregoing Warrant gA g g in the Post Office, in the vestibule of the Town Office Building and six other public places in the town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the' time of said meeting. Attest : Patrick J. Maguire Constable of Lexington 140 ANNUAL TOWN MEETING March 4, 1935 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the fourth in the year of our Lord nineteen hundred and thirty-five at six o'clock in the forenoon. The following places were designated as the voting places for the various precincts : Precinct One, Emerson Hall; Precinct Two, Three and Four, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows : Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Mrs . Mary A. Rowland Deputy Warden Victor Harmon Bartlett J. Harrington Inspector George V. Morse DeTrafford Smith Inspector Randall Richards Alfred Hayward Deputy Inspector Elizabeth Nourse Donald Cameron Deputy Inspector Madeline J. Corbett Mabelle S. Peavy Clerk John H. Dacey Arthur W. Hughes Deputy Clerk Frederick Connor Frances Lambert Teller Harry G. Frost Harold H. MacGilvray Teller Clifford W. Pierce Miles L.F. Jones Teller Edward McGrory George F. Stygles Teller Ruth Ray Precinct Three Precinct Four Frederick H. Tullar Warden Howard E. Custance Bessie G. Davis Deputy Warden William E. Mulliken James M. Ahearn Inspector Warren Haynes Charles E. Moloy, Jr. Inspector Katherine Keirnan Emma Hovey Deputy Inspector Daniel A. Gorman, Jr. John Corcoran Deputy Inspector Frank Maguire James L. McKenzie Clerk Margaret T. Kennedy Samuel W. Wellington Deputy Clerk Joseph A. Cosgrove Esther Graham Teller James J. Waldron John J. McCormick Teller Robert C. Cady Edward B. O'Connor Teller Harry F. Howard James E. Collins Teller Irene Robinson The polls were declared open in each precinct at six o'clock A.M. and remained open until eight o'clock P.M. , after which time after due notice, they were closed. The election officers were sworn to the faithfull performance of their duties. The ballots were counted by the election officers in each Precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as follows : Precinct One 1303 One thousand three hundred and three Precinct Two 1185 One thousand one hundred and eighty-five Precinct Three 1242 One thousand two hundred and forty-two Precinct Four 1227 One thousand two hundred and twenty-seven Total 4959 Four thousand nine hundred and fifty-nine 141 The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. The Registrars of Voters and the Town Clerk canvassed the result as follows: n Precinct One Ballots Cast 214 Two hundred and fourteen Precinct Two Ballots Cast 156 One hundred and fifty-six Precinct Three Ballots Cast 200 TWo iundred Precinct Four Ballots Cast 195 One hundred and ninety-five - Total 765 Seven Hundred and sixty-five Town Clerk. Prec.l Pree.2 Prec.3 Prec.4 Total James J. Carroll 184 151 186 170 691 Blanks 30 5 14 25 74 Total 214 156 200 195 765 James J. Carroll was elected as Town Clerk for one year. Selectmen Charles E. Ferguson 163 _ 139 172 152 626 William G. Potter 192' 140 188 164 684 Blanks 73 33 40 74 220 Total 428 312 400 390 1530 Charles E. Ferguson and William G. Potter were elected as Selectmen for a term of three years . Town Treasurer Prec.l Pree.2 Prec .3 Prec.4 Total James J. Carroll 186 148 184 . 168 686 Blanks 28 8 16 27 79 Total 214 156 200 195 765 James J. Carroll was elected as Town Treasurer for one year. Collector of Taxes Byron C. Earle ' 168 144 174 161 647 Blanks 46 12 26 34 118 Total 214 156 200 195 765 Byron C. Earle was elected as Collector of Taxes for one year. Cemetery Commissioner Edward Wood . 168 143 175 158 644 Blanks 46 13 25 37 121 Total ' 214 156 200 195 765 Edward Wood was elected as Cemetery Commissioner for three years. School Committee Randall B. Houghton 166 143 177 161 647 Blanks ' 48 13 23 35 119 Total 214 156 200 195 765 Randall B. Houghton was elected for School Committee for three years. 142 X CONSTABLES Free.' Prec.2 Prec.3 Prec.4 Total Patrick J. Maguire 165 143 177 1.'70 655 John C. Russell 184 142 177 162 665 Oliver J. McLean Blanks 63 27 45 74 209 Total 390 312 400 428 1530 Patrick J. Maguire and John C. Russell were elected MODERATOR Constables for one year Robert H. Holt 162 135 169 175 641 Blanks 33 21 31 39 124 Total 195 156 200 214 765 Robert H. Holt was elected Moderator for one year. PLANNING BOARD Sheldon A. Robinson 157 136 164 162 619 John A. Sellars 153 128 165 157 603 John A. McLean 1 1 Blanks 80 48 70 109 307 Total 390 312 400 428 1530 Sheldon A. Robinson and John A. Sellars_ were elected to the Planning Board for three years. PLANNING BOARD Lester F. Ellis 151 126 160 158 595 John A. McLean 2 2 Blanks 44 30 38 __ 56 168 Total 195 156 200 214 765 ,-1 1 Lester F. Ellis was elected to the Planning Board for two years. _ TOWN MEETING MEMBERS Precinct One (Term three yearecinct Two William M. Aquaro 86 *Arthur A. Atkinson 118 *Rudolph F. Carlson ' 117 *DeWitt C. Brewster 123 *Frank� ri. Cook, Jr. 114 *George W. Butters 126 *Ernest Cutter 114 *Harold C. Denham • 124 *J. Henry Duffy 109 *Robert W. Fernald 122 *Lehigh V. Farnham 100 * Arthur L. Graves 121 *Fred B. Fletcher 126 *George H.B. Green 120 *George E. Foster 129 *Stephen F. Hamblin 125 *Roland E. Garmon 130 *Arthur W. Hatch 124 *James Irwin 123 *Arthur F. Hutchinson 123 Charles Lehan 93 *Edwin W. Hutchinson 121 *Steele Lindsay 120 *Edward W. Kimball 129 *Walter Longbottom 138 *Marian A. Kimball 121 *George W. Nary 124 *Ernest A. Lindstrom 120 *Albert E. Ross 111 *Lawrence G. Mitchell 128 *Robert L. Ryder 117 *Dana Thurber Norris 130 *Charles H. Schofield 116 *Edward W. Sibley 125 *Clesson C. Schofield 125 Blanks 552 *Edward L. Tyler 123 —' Blanks 1423 *Town Meeting Members elected for the term of• three years TOWN MEETING MEMBERS (Term two years) Precinct One Eugene L. Morgan *158 Lyle J. Morse * 149 George E. Wgmgin * 161 I Blank 174 *Town meeting Members elected for the term of two years — — 143 Precinct Three TOWN MEETING MEMBERS (Term three years) *Hallie C. Blake 141 *Eugene T. Buckley 121 *Philip M. Clark 128 *Leland H. Emery 122 *Albert W. Emmons 116 *George R. Fuller 123 *Charles 0. Goodwin 121 [I- *Clarence R. Hopkins 12a *Frank P. Jones 117 *Francis E. Lombard 123 *Clifford M. Martin 110 *Howard M. Munroe 130 Virginia L. Miles 104 *Richard E. Rowse 119 *Frederick J. Spencer 137 *Rupert H. Stevens 138 *Matthew Stevenson 125 *Harvey H. Winlock 12a John A. McLean 1 Luther Thompson 1 Wm. W. McLean 1 Blanks 1178 *Town Meeting Members elected for term of three years TOWN MEETING MEMBERS (Term one year) Precinct Four Horace V. Densmore *142 r— Blanks 53 _Total 195 *'Town Meeting Member elected for term of one year TOWN MEETING MEMBERS (Term two years) Precinct Four Archibald R. Giroux *147 Blanks 48 Total 195 *Town Meeting Member elected for term of two years TOWN MEETING MEMBERS (Term three years ) Precinct Four * Earl S. Archibald 116 * Marion A. Burke 104 * Winfield S. Caouette 96 * Edward L. Child 109 * Charles T. Cogswell 104 * James V. Cosgrove 106 * H. Raymond Durling 93 *;. Thomas F. Fardy 95 Mary A. Gaynor 61 * Norton T. Hood 101 * John Lamont 112 * Jasper A. Lane 90 W. Benjamin Meady 71 * William McDevitt 81 Foster Osgood 66 * Vernon T. Robinson 104 1144 Pgwal TOWN MEETING MEMBERS (Contd. ) (Term three years) Precinct Four *Charles H. Rudd 91 *George W. Sarano 86 *Harold W. Smith 90 **A. Randall Soderberg 80 **Mary A. Spellman 80 *Helen C. Whittemore 93 Blanks 1286 *Tow n Meeting Members elected for term of three years **Tie for position seventeen, to be decided at' Special Meeting to be held March 18, 1935. ***Disqualified per Board of Registrars. QUESTION Prec.1 Prees2 Prec.3 Prec.4 Total Yes 81 51 73 62 ' 267 No 65 57 67 54 243 Blanks 68 48 60 79 255 Totals 214 156 200 195 765 A true record. Attest: 7.(2Z To Clerk. _ _ 145 SPECIAL MEETING PRECINCT FOUR Special Meeting of Torn Meeting Members of Precinct Four, held March 18, 1935 in Estabrook Hall, for the purpose of deciding a tie for the seventeenth position fir a Town Meeting Member, between Mary A. Spellman, of 6 Shirley Street, and A. Randall Soderberg," of 51 Dexter r— Road;. the result of the Annual Election held. March 4, 1935. There were 3.7 Town Meeting Members present. Meeting was called to order at 7:35 P.M. by the Town Clerk, Tames T. Carroll. Nominations were made and seconded from the floor for the office of Chairman and Clerk for the Meeting. It was unanimously voted that Willard C. Hill act as Chairman, and Francis E. Burke act as Clerk of the Meeting who also acted as Tellers. Prepared ballots were passed to the members present containing the names of the candidates. Ballots were collected by the Tellers with the results as follows: Mary A. Spellman 8 A. Randall Soderberg 29 Total 37 �. A. Randall Soderberg was declared elected. Motion made and seconded to adjourn. ' Unanimous 7:40 P.M. A True Copy Attest: P rano i s E. Biarkc Clerk Te the Town Clerk, Lexington, Mass. March 18, 1935 I, A. Randall Soderberg, of 51 Dexter Road, do hereby accept my election as a Town Meeting Member of Precinct Four. Signed: A. Randall Soderberg 146 • SPECIAL MEETING PRECINCT TWO Special Meeting of Town Meeting Members of Precinct Two held March 18, 1935, for the purpose of electing a Town Meeting Member for the vacancy caused by resignation of William G. Potter, elected as Selectman March 4, 1935, term expiring 1936. Meeting called to order by Town Clerk, James J. Carroll, at 7:45 P.M. There were twenty-seven members present. Nominations were heard from the floor for the office of Chairman and Clerk. William R. Greeley was nominated and seconded for Chairman, and James J. Carroll t.-omznated and seconded as Clerk. Both were elected unanimously. Nominations were heard fron the floor, and seconded for Charles L. Coburn, 31 Percy Road, and ,mil A. Gramstorff, Hill Top, Avenue. Mr. Mitchell and Mr. Hutchinson acted as Tellers, making known the result of votes cast as follows: Charles L. Coburn 13 Emil H. Gramstorff 11 Blanks Total 27 Charles L. Coburn was declared elected. Motion made to adjourn at 7:50 P.M. Unanimous A True: Copy Attest: j11^4(?/ Clerk. To the Town Clerk, Lexington, Mass. March 20, 1935 I, Charles L. Coburn, of 31 Percy Road do hereby accept my election as Town Meeting Member of Precinct Two. Signed: Charles L. Coburn 147 ADJOURNED AaNUAL TOWNMETING HELD MARCH 18, 1935 Meeting called to order at 8:05 P.M. by the Moderator, Robert H. Holt. Town Meeting Members present, 182. a Reading of the Warrant by the Town Clerk, James J. Carroll, when upon motion Selectman Robert P. Trask, further reading was waived. Unanimous Town Clerk read the Constable's return of the warrant. Selectman Mr. Trask stated if no objections the articles would be presented in the following order: 2, 3, 4, 5, 6, 24, 18, 23, 7, etc. Mir. Rowse, Chairman of the Appropriation Committee presents Appropriation Committee Report, stating one change had been made concerning Article 18.; the change being the amount to be $7000. instead of $3500. Motion made and sedonded report be accepted and placed on file. Unanimous 8:09 P.M. ' ARTICLE 3. Selectman Mr. Trask moves to take up. Article 3, offering the following: Voted that John C. Russell and Edward C. Maguire be elected as Field. Drivers. p Unanimous 8:10 P.M. ARTICLE 4. Selectman Mr. Trask moves to take up Article 4, offering the following: Voted: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1936, and to issue a note or notes therefor, payable within one , year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Unanimous 8:11 P.M. ARTICLE 5. Selectman Mr. Trask moves to take up Article 5, offering the following: That Article 5 be indefinitely postponed. Unanimous 8:12 P.M. ARTICIE 6. Selectman Mr. Trask moves to take up Article 6, offering the following:, r— Voted that the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1935, in accordance with the provisions of Section 17, Chap 44, General Laws; any debt so incurred to be paid from the revenue of the year 1935. Unanimous 8:13 P.M. ARTICLE 24. Selectman Mr. Trask moves to take up Article 24, offering the following: Voted that the following salaries be established for the year 1935: 148 cn Collector of Taxes, at the annual rate of $1785 for the period from. January 1, 1935 to June 30, 1935 and at the annual rate of $1942.50 for the period from. July 1st, 1935 to December 31, 1935; Unanimousl YCarried 8;29 P.M. Town Clerk, at the annual rate of $1530 for the period from January 1, 193,5 to June 30, 1935 and at the annual rate of $1615.00 for the period from July 1st, 1935 to December 31, 1935; Unanimously Carried 8:30 P.M. ' Town Treasurer, at the annual rate of .$630.00 for the period from. January 1, 1935 to June 30, 1935 and at the annual rate of $665.00 for the period from July 1st, 1935 to December 31, 1935. Unanimously Carried 8:31 P.M. To be voted upon in three parts. Explanations by Mr. Trask. questions by Mr. Fawcett, offering Article be placed on on table. Mr. Hutchinson moves Article be indefinitely postponed. Moderator rules Mr. Hutchinson's motion not in order. Suggestions by Mr. Farnham.. Vote taken on Mr. Fawcettts motion to place on table. Declared Lost 8:23 P.M. Vote taken on Mr. Hutchinson's motion for indefinite postponement. —1 Declared Lost 8:24 P.M. kmendment offered by Mr. Farnham: "Salary of Collector of Taxes to be $2100. 00 annually, starting July 1, 1935. 4 Amendment as presented. Declared Lost 8:27 P.M. The part concerning the Collector of Taxes. Carried Unanimous 8:28 P.M. Second part Article 24 concerning Town Clerk. Carried Unanimous 8:30 P.M. 1 Third part Article 24 concerning Town Treasurer. Carried Unanimous 8:31 P.M. ARTICLE 18. Selectman Mr. Trask moves to take up. Article 18, offering the following: Voted that the sum of $7000 be appropriated and assessed for labor and materials on public works and for other expenses in connection therewith, the same to be expended by the Selectmen for aid to persons employed on various projects, of which $3500 is for the purchase of a crawler type gasoline crane. Explanations by Selectman Mr.. Trask. Questions by Mr. Farnham. Article as presented. Unanimously Carried 8:37 P.M. ' 149 ARTICLE 23. Selectman Mr. Trask moves to take up Article 23, offering the following: Voted that the Selectmen be authorized to. construct Lincoln Street, from Marrett Road in a northeasterly direction a distance of 3600 feet, under Chapter 90 of the General Laws, and amendments, providing the State and County contribute a like amount, and for the purpose- of said construction the sum of $12000 be appropriated and assessed. r— General discussion from the following speakers: Rowse, Trask, Lamont, Emmons, Sarano, Farnham, Worthen and Ryder. Motion made and seconded to lay on the table. Motion to lay on table. Declared Lost 9:08 P.M. Main question as presented. Unanimously Carried 9:09 P.M. v-- ARTICLE- 7. Mr. Trask moves to take up Article 7, offering the following: Voted that the following amounts be appropriated and assessed for the current year: For the expenses of the Appropriation Committee (of which $300 is for salary of Clerk) $ 550.00 Mr. Farnham offers amendment as follows: ',For the expense of the Appropriation Committee be $525.00 instead of $550.007". , Amendment declared lost 9:10 P.M. The main question concerning Appropriation Committee - as presented. Unanimously Carried 9:12 P.M. v For salaries and expenses of the Selectmen's Dept. (of which $1000 is for expenses of the Selectmen for 1935) Unanimously Carried 9:13 P.M. r 4650.70 For the salary and expenses of the Town Accountant (of which $2662.50 is for salary) 3153.00 Unanimously Carried 9::14 P.M. J' For the salary and expenses of the Town Treasurer (of which $647.50 is for salary) 1265.34 Unanimously Carried 9:15 P.M. For the salary and expenses of the Collector (of which 1863.75 is for salary) 5678.75 Unanimously Carried 9:16 P.M. For the salary and expenses of the Board of Assesors (of which $1000 is for salary of the Assessors) 6350.00 1 Unanimously Carried 9:16 P.M. For Other Finance Offices and Accounts 200.00 Unanimously Carried 9:16 P.M. For legal services, 2 00.00 (of which $887.50 is for salary of the Town Counsel) Unanimously Carried 9:16 P.M. For the salary and expenses of the Town Clerk, (of which $1572.50 is for salary) 2017. 14 Unanimously Carried 9:16 P.M. - For Elections and Registrations 770. 00 Unanimously Carried 9:16 P.M. - For the salary and expenses of the Supt. of Public Works Unanimously Carried 9:16 P.M. 4306.00 150 0-1 For the expenses of the Town Office Building and Cary Memorial Building $9168.30 Unanimously Carried 9:16 P. L. `'— For the salaries and expenses of the Engineering Department Unanimously Carried 9:16 P.M.. — 9425.15 For the expenses of foreclosure and redemption of tax titles held by the Town Carried 9:l P. T.' 500.00 For the expenses of the Planning Board nanimous 250.00 Unanimously Carried 9:17 P.M.- For the expenses of the Board of Appeals 200.00 Unanimously Carried 9:17 P.M.= For the salaries and expenses of the Police Dept. 35392.57 Unanimously Carried 9:20 For salaries and expenses of the Fire. Department 38278.48 Unanimously Carried 9:21 P.M. For Hydrant Rentals 7890. 00 Unanimously Carried 9:22 P.M.' For the salary and expenses of the Building Inspector (of which : 1017. 50 is for salary) 1152. 50 UnanimouslyCarried 9:23 P.M.- For the salary and expenses of the Wire inspector ( of which :600 is for salary) Carried 9:23 P.M. / 635. 00 Unanimous question by Mr. Redman if Wire Inspector appropriation did not represent more than 711 increase. Explanation by Selectman Mr. Trask. Original appropriation as presented. Unanimously Carried 9:23 P.? .- For the salary and expenses of the Sealer of Weights and Measures, (of which ; 400 is for salary) 500. 00 Unanimously Carried 9:23 P.M. For the protection of public shade trees and for the planting of shade trees 1762.00 Unanimously Carried 9:24 P.M. For the expense of Forest Fires 1000. 00 Unanimously Carried 9:24 P.M.' For the salary of Dog Officers 150. 00 Unanimously Carried 9:25 P.M. For the maintenance of public health and sanitation 6000. 00 Unanimously Carried 9:25 P.M.- For the expenses of the Dental Clinic, 1868.50 Unanimously Carried 9:26 P.M. For Town .Physician's salary 750.00 MT-. Rowse states Appropriation Committee does not recommend increase of ; 100, offering the following amendment: That salary of Town Physician be $750 instead of $850. Motion to amend carried 9:29 P.M., vUnanimously Main motion carried 9:30 P.M., Unanimously For Vital Statistics 50. 00 Unanimously Carried 9:30 P.M.- For .M.For the salary of the Inspector of Animals 500.00 Unanimously Carried 9:30 P.M.' For the salary of the Inspector of Slaughtering 600.00 Unanimously Carried 9:30 P.M.- For .M.-For the salary and expenses of the Plumbing Inspector J (of which $800 is for salary) 850.00 UnanimouslyCarried 9:30 P.M. For the expenses of the Sewer Maintenance Department 5754.00 Unanimously Carried 9:31 P.M. 151 Question by Mr. Kraetzer what other expenses represented. Explained by Selectman. Mr. Trask. For removal of ashes and care of dumps $2000.00 Unanimously Carried 9 :32P.M. sv For the expense of collecting garbage 3600.00 Unanimously Carried 9:32 P.M. For the maintenance and care of Highways 46000.00 Unanimously Carried 933 P.M. For the construction of granolithic sidewalks where the abuttors will pay one-half the expense 500.00 Unanimousay Carried 9:33 P.M. L_ For the expense of removal of snow and ice 22100.00 Unanimously Carried 9:35 'P.M. For the the expense and operation of the Public Works Building - Unanimously Carried 9 :36 P.M. r 7068.25 For the expense of Traffic Regulation and Control 1300.00 Unanimously Carried '9 :36 P.M.'For the the expense of Street Lights 22500.00 "Unanimously Carried 9:36 P.M. , For the construction and repair of street signs 300.00 Unanimously Carried 9 :36 P.M. For the expense of the Public Welfare Department 32172.98 Questions by Mr. 'Sarano and Mr. Preston. Amendment offered by Mr. Preston as follows : "For the expense of the Public Welfare Department, $35,172.98. Amendment as prescribed declared lost Question of doubt, whereby a rising vote was taken, as follows : In Favor Tellers Negative 13 Nary 22 51 Locke 45 9 - Sarano 31 73 , 98 Lost 9 :46 P.M. Main question as prescribed carried 9:47 P.M. Unanimous For Old Age Assistance in accordance with General Laws, Chapter °1/8A inserted by Acts of 1930, Chapter 402, and amendments. Carried 9:47 P.M. 10500.00 Unanimous For State Aid Carried 9 :47 P.M. / 300.00 Unanimous For Military Aid Carried 9 :48 P.M. 250.00 Unanimous For Soldiers ' Burials Carried 9 :48 P.M. 100.00 Unanimous For Soldiers ' Relief Carried 9 :48 P.M. v 2500,77 Unanimous For the support of the Libraries Carried 9 :49 P.M.13238.25 L - Unanimous For the maintenance of Public Parks and Playgrounds 15105.00 Unanimously Carried 9:50 P.M. For the proper observance of Memorial Day, to be expended under the direction of Post 119 of the Grand Army of the Republic 250.00 Unanimously Carried 9 :51 P.M. For the expenses of the April 19th Celebration, to be expended by a Committee appointed by the Selectmen, such Committee to consist of representatives of the Lexington Allied Veterans Council 750.00 _ - - 152 CA Selectman Mr. Lyons speaks in favor of appropriation, also the following: Burke, Dr. Walsh, Clifford, Parker, Childs, Garmon. Question by Mr. Reed concerning other local organizations . Reply from Mr. Parker. Main question as presented carried 10:06 P.M., vUnanimous Under Article 7' Mr. Houghton, Chairman School Committee offers the following: Voted that the sum of $2120000. be appropriated and assessed for the support of the Public Schools and for the payment of tuition at vocational schools for the current year. Explanations by Mr. Houghton of reason for $212,000.00 instead of $211,500.00 , qu&stions by Mr. Farnham. Mr. Dunham speaks in favor of amount as prescribed. Main question as presented carried 10:20 P.M., -Unanimous For Insurance Carried 10:14 B.M. , $12,000.00 _ Unanimous For the administration of Trust Funds 70.00 Carried 10 :14 P.M. Unanimous For Unclassified Expenses 500.00 Carried 10:14 P.M. Unanimous For the expense of printing and publishing the ToWn Report Carried Unanimously 10:14 P.M. 1377.00 For the Water Maintenance Account, 68454.60 and that the amount of receipts in excess of this appropriation be reserved to be appropriated for Water Department purposes. , Unanimously Carried 10:15 P.M. - For the maintenance of Munroe Cemetery 1300.00 Unanimously Carried 10:15 P.M. For the maintenance of Westview Cemetery 1000.00 Unanimously Carried 10:15 P.M. - _ For the payment of-Interest on the Public Debt, 29675.50 the sum of $8617.50 to be transferred from Water Maintenance Account ($21,000.00 to be appropriated and assessed) Unanimously- Carried 10:18 P.M. For the payment of Bonded Indebtedness maturing in 1935 the sure Qf 131501.37 Unanimously Carried 10:18 P.M: For Water Maintenance, Replacements, Meters, Hydrants, - and Pipe Fittings , 1550.00 Unanimously Carried 10:19 P.M. ART, 8 Selectman Mr. Trask moves to take up Article 8, offering the following: Voted that the sum of $1923.00 be appropriated and assesSed .for the Suppression of Gypsy and Brown Tail Moths , and other pests, in accordance with Chapter 132, General Laws, and amendments . Carried Unanimously 10: 20 P.M. • 153 ART. 9. Selectman Mr. Trask moves to take up Article 9, offering the following : Voted that the sum of $3000. be appropriated for the Reserve Fund as provided by Chapter 40, Section 6, General Laws, and that said sum be transferred from the Overlay Reserve Fund. Unanimously Carried 10:21 P.M. ART. 10. Selectman Mr. Trask moves to take up Article 10, offering the following : Voted that the following sums be appropriated and assessed for Pensions for retired members of the " Police and Fire Departments, under Chapter 32 of the General Laws and amendments : Police Pensions, $1095.00 Fire Pensions, 1107.81 Unanimously Carried 10:22 P.M. ART. 11. Selectman Mr. Trask moves to take up Article 11, offering the following: Voted that the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1935. Unanimously Carried 10:22 P.M. ART. 12. Selectman Mr. Trask moves to take up Article 12, offering the following : Voted that there be appropriated and assessed for the support of the Posture Clinic, to be expended under the direction of the Board of Health, or by a Committee appointed by said Board, _ $700.00 Unanimously Carried 10 :23 P.M. ART. 13. Selectman Mr. Trask moves to take up Article 13, offering the following: Voted that the sum of $2566.57 this being the townts - share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis HoSpital, including interest on temporary notes issued therefor, be and the said sum is hereby appropriated. Unanimously Carried 10:23 P.M. ART. 14. Selectman Mr. Trask moves to take up Article 14, offering the following : Voted that the sum of $1720.16, being the sum received from the Middlesex County for dog fees, be transferred to the Cary Memorial Library Account. Unanimouslgarried 10:23 P.M. ART. 15. Selectman Mr. Trask moves to take up Article 15, offering the following: Voted that the Board of Selectmen be authorized to install street lights in Pine Knoll Road. Carried 10:23 P.M. ART. 16. Selectman Mr. Trask moves to take up Article 16, offering the following: _ - - - 1154 Voted that the following recommendations of the Selectmen for the changes in names of certain streets be accepted; Wallis Place, from Massachusetts Avenue southerly, change to Wallis Court; Francis Street, from Woodland Road to Grant Street, change to Colony Road; Piedmont Street, from Stratham Road to. Robinson Street, change to Stratham Road. Carried 10:24 P.M. ART. 17. Selectman Mr. Trask moves to take up Article 17, _offering the following: Voted that the Board of Selectmen be authorized to establish a clinic for the free immunization of dogs against rabies, and that the sum of $600 be appropriated and assessed for said clinic. General discussion. The decision of the voice vote doubted, whereby a rising vote was taken as follows : In Favor Tellers Negative 24 Nary 5 64 Locke 20 24 Sarano 8 112 33 Carried 10:32 P.M. ART. 19. Selectman Mr. Trask moves to take up Article 19, offering the following : Voted that the following sums be transferred to the Excess and Deficiency Account : Highway Construction, Blake Road, $ .06 Highway Construction, Eaton Road, .15 Highway ConstruOtion, Fletcher AVenue, 1.64 Highway Construction, Valley Road, .04 Bridge Construction, Sherman Street, .05 Sewer Construction, Sund.o3 Streets, 260.18 Sewer Construction, Robbins and Plmolith Roads, 781.23 Unanimously Carried 10 :33 P.M.-, ART. 20. Selectman Mr. Trask moves to take up Article 20, offering the following : Voted that the sum of $84. be appropriated and assessed for the unpaid bill of the Health Department for the year 1933. _ . Unanimously Carried 10:34 P.M. ,- ART. 21. Selectman Mr. Trask moves to take up Article 21, offering the following: Voted that the following amounts be appropriated and assessed for the unpaid bills for the year 1934 of the following accounts : 155 Town Offices and Cary Memorial Building, $38.82 Snow Removal, 29.01 Highway Maintenance, 66:70 Parks and Playgrounds, 27.55 $162.08 Unanimously Carried 10:35 P.M. ,/ ART. 22. Selectman Mr. Trask moves to take up Article 22, offering the following : Voted that the Selectmen be authorized to complete the construction of Pleasant and Watertown Streets to the New Concord Turnpike, a distance of approximately 2600 feet, under Chapter 90 of the General Laws, and amendments, providing the State and County contribute a like amount, and for the purpose of said construction the sum of $9,000 be appropriated and assessed. - - Questions by Mr. Hooper and Borden. Mr. Borden states the sense of the meeting should be forwarded to the County and State Officials, offering the following for such purpose : That the appropriate County and State O'ficials be notified by the Board of Selectmen that this meeting recommends the straightening of Watertown Street_in accordance with the plans recommended by the Town Engineer and approved by the Planning Board and Selectmen. In motion of a vote regarding above, same was carried 10:45 P.M. , i-nanimous. ' Main question carried unanimous 10:46 P.M., .;Unanimous ART. 25. Selectman Mr. Trask moves to take up Article 25, offering the following: Voted that the slim of $925.00 be appropriated and assessed to pay for a compressor purchased for the Highway Department. Unanimously Carried 10:47 P.M. 7 ART. 26. Selectmen Mr. Trask moves to take up Article 26, offering the following : Voted that a new account to be called, Water Department Stock;Account be established and that the sum of $4000.00 be appropriated for said account-by transfer from the Water Department Available Surplus Account. Unanimously Carried 10:48 P.M. ART. 27. Selectman Mr. Trask moves to take up Article 27, offering the following : Noted that the Selectmen be authorized to install water mains, not less than six inches in diameter and subject to the assessment of betterments, and. to take- by eminent domain the necessary easement therefor in the following streets; Pinewood Road, -from the present end, to Follen Road, a distance of approximately 360 feet; Summit Road, from the present end a distance of approximately 250 feet; - -- - - C.71 156 faimq and for the purpose of said construction and 'installation of water mains the sum of $2350 be appropriated and transferred from'the Water Department Available Surplus Account. Unanimously Carried 10 :49 P.M./- . ART. 28. Selectman Mr. Trask moves to take up Article 28, offering the following : Voted that the Selectmen be authorized to install water mains, not less than six inches in diameter in Massachusetts Avenue, from Child's Garage to Pleasant Street, a distance of approximately 1700 feet; and in Bedford Street, from 'Elm Avenue to Tewksbury Street, a distance of approximately 2075 feet, and for the purpose of. said installation and construction of water mains the sum of p20,000 be appropriated, and the Town Treasurer with the approval of the Selectmen, be authorized to borrow the sum of $20,000 and to issue bonds or notes therefor payable in accordance with the law. Carried Unanimously 10:55P.M. ART. 29. Selectman Mr. Trask moves to take up Article 29, offering the following: Voted that the Selectmen be authorized to install water mains in such accepted, or unaccepted streets as may be applied for during the year 1935, in accordance with authority contained in the By-Laws of the Town, subject to the assessment- of betterments, and to take by eminent domain the necessary easement therefor, and for the purpose of said installation and construction of water mains the following sums "be appropriated and transferred from the following - accounts : Water Construction, Pleasant-Blossom' Streets and Others, $2482.83 Water -Construction, Robbins-Pineknoll Roads, and Chase Avenue, 578.97 Water Department Available Surplus 3938.20 $7000.00 Unanimously Carried 10:59 P.M.,' Mr. Rbbert L. Ryder moves meeting adjourn for two weeks. Selectman Mr. Trask states meeting will be completed in about twenty minutes. Mr. Ryder withdraws his motion for adjournment. Unanimously Carried 11:00 P.M. v ART. 30. Selectman Mr. Trask moves to take up Article 30, offering the following: Voted`that a new account to be called,. Sewer Department, Stock Account, be established and that the sum of $900 be appropriated and assessed for said account. Unanimously Carried 11:00 P.M: ART. 31. Selectman Mr. Trask moves to take up Article 31, offering the following: Voted that the sum of $2000 'be appropriated and assessed for the Trunk Line Sewer Account. Unanimously Carried 11 :01 P.M. 157 ART. 32. Selectman Mr. Trask moves Article 32 be indefinitely postponed. Unanimously Carried 11:02 P.M. -- ART. 33. Selectman Mr. Trask moves to take up Article 33, offering the following: Voted that the Selectmen be authorized to install a sewer in-Blake Avenue, from Edgewood Road to Wadman. Circle, a distance of a.pproxirn tely 185 feet; subject to the assessment of betterments ; and to take the necessary easements therefor; Voted that the Selectmen be authorized to install a sewer in Wadman Circle, from. Blake. Avenue to the end, a distance of approximately"200 feet, subject to -the assessment of betterments,. and. to take the necessary easements therefor; Voted that the Selectmen be authorized to install a sewer in Pinewood Road, from the present end a distance of approximately 125 feet, subject to the assessment of betterments, and to take the necessary easements therefor; Voted that the Selectmen be authorized to install a sewer in Belfry Terrace, from the present end a distance of approximately 65 feet, subject to the assessment of betterments, and to take the necessary easements therefor; and for the purpose of said construction and installation of sewer mains the sum of $315.0 be transferred- from the Sewer Assessment Fund to the Sewer Construction Account. To be voted upon in three parts. Motion by Mr. Hallie C. Blake for indefinite post- ponement of the first part. conc.erning Wadman Circle. Carried 11:03 P.M. Second part, installation Sewer in Pinewood Road. Carried 11:03 P:M. Third part, installation. Sewer in Belfry Terrace. Carried 11:03 P.M. Fourth part carried 11:03 P.M. ART. 34. Selectman Mr. Trask moves to take up Article 34, offering the following : Voted that the sum of $5000 be appropriated and assessed to complete the disposal surface drainage in East Lexington as authorized by the vote of the Town, March 19, 1934. Carried Unanimous 11:04 P.M. Mr. -Rowse, Chairman of -Appropriation Committee asks for reconsideration of-Article 31. Moderator inquiresfrom Town Clerk at what time Article 31 was voted.- " Town Clerk replies Agti cle 31 carried at 11:01 P.M. Moderator states within the period for re-consideration. ri Mr. Rowse offers the following amendment to Article 31: to read the sum of $2000 ,be transferred from Sewer Assessment Fund. Motion for re-consideration carried 11:09 P.M. , ,Unanimous Amendment as presented carried 11:10 P.M., Unanimous ART. 35. Selectman Mr. Trask moves to take up Article 354: offering the following: 158 crt Voted that the Selectmen be authorized and instructed to provide for the disposal of surface drainage in Haskell Street, Lowell Street and across private lands of the Town of Arlington and the Busa Brothers, a distance of approximately 1550 feet, by constructing drainage channels or conduits and diverting and relocating brooks through said private lands, and to take the necessary easements therefor btf eminent domain, and for the purpose of said drainage construction the sum of y$4000 be appropriated and assessed. Unanimously Carried 11:12 P.M. -- ART. 36. Selectman Mr. Trask moves to take up Article 36, offering the following: Voted that the Selectmen be authorized to purchase, subject to approval of title, from Peter J. and Margaret E. Kinneen, a parcel of land comprising approximately five and one half acres andlocated on Burlington Street and described as follows : 'Beginning at a point in the easterly side of Burlington Street about. 280 feet southerly of the southerly side of Simonds Road, thence running northerly by said easterly side of Burlington Street distant about 640 feet to a point, thence running easterly by land of grantor about 430 feet to a point, thence southerly by land of said grantor distant about 300 feet to a point, thence running westerly by land of said grantor distant about 500 feet to the point of beginning." the same to be used for a skating rink or for other park purposes, and that the same be placed in the control of the Board of Selectmen, acting as Park Commissioners, and for the purpose of purchasing said ._.. property the sum of $1250 be appropriated and assessed. Unanimously Carried 11:15 P.M. , ART. 37. Selectman Mr. Trask states Article concerns Planning Board. ART. 38. Selectman-Mr: Trask moves for indefinite postponement this Article. Unanimously Carried 11:16 P.M; ART. 39. Selectman Mr. Trask moves to take up Article 39, offering the following : Voted that the Board of Selectmen be authorized to sell and convey any of the real estate acquired by the Town by foreclosure of tax titles. Unanimously Carried 11:17 P.M. /- ART. 40. Under this Article, Mr. Houghton, Chairman of the School Committee offers the following: Voted that the sum of $90. be appropriated to pay the necessary expenses of the Superintendent of Schools incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in -the School Department . �I - Unanimously Carried 11:18 P.M. 159 ART. 37 . Under this Article Mr. Duffy, Chairman Planning Board asks for indefinite postponement. Unanimously Carried 11 :19. P.M. Selectman Mr. Trask moves meeting be dissolved. Unanimous 11:20 P.M. A True Copy Attest: Town/ erk. 160 TON WARRANT P"Amz4 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 the Cary Memorial Building, in said Lexington, on Monday, the twenty-ninth day of April, 1935 at 8:00 P.M. , then and there to act on the following articles : Article 1. To see what action the Town will take to investigate any or all of the acts of the present or former Board of Selectmen, also the acts of their agents and appointees, or any committee of the town, and to appoint a Committee of three by vote of the meeting, to make said investigation, or act in any manner in relation thereto. Article 2. To see what action the Town will take upon the recent failure of the Board of Selectmen to reappoint the former Superintendent of Public Works, and the appointment of his successor. Article 3. To see what action the Town will take upon the recent failure of of the Board of Selectmen to reappoint the Clerk of the Board of Selectmen. Article 4. To see what action the Town will take on the reinstatement of the former Superintendent of Public Works. Article 5. To see what action the Town will take on the reinstatement of the former Clerk of the Board of Selectmen. Article 6. To see what action the Town will take to cause the removal of the present Superintendent of Public ',forks, and the appointment of his predecessor. Article 7. To see what action the Town will take in rescinding the vote of the Town passed at the Annual Town Meeting, March 18, 1935 under Article 7, appropriating money for the department of the Superintendent of Public works. Article 8. To see what action the Town will take to appropriate money for the Department of Superintendent of Public 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 Tarrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands, at Lexington, this sixteenth day of April, A.D. , 1935 CHARLES E. FERGUSON GILCREAST SELECTMEN JOHN E. OF WILLIAM G. POTTER LEXINGTON JOHN M. LYONS 161 April 20, 1935 To the Town Clerk, • I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in r— the Post Office, in the vestibule of the T3wn Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Signed: Patrick J. Maguire Constable of Lexington SPECIAL TOWN MEETING HELD April 29, 1935 Meeting called to order by Moderator Robert H. Holt at 8:04 P.M. 186 Town Meeting Members present. Town Clerk, James J. Carroll, read the Warrant until further reading was waived. Unanimous. Town Clerk read the Constable's return of Warrant for the meeting. Francis E. Burke moved to take up Article Two, offering the following: Voted that it is the sense of this meeting that the method of procedure adopted by the Board of Selectmen in the selection of the present Superintendent of Public Works is disapproved by the town. 8:15 P.M. Robert P. Trask asks for permission to address the meeting from the front of the hall. Permission granted. Explanation by Mr. Trask regarding situation. 8:28 P.M. Richard S. McCabe granted same permission to address meeting from the front. Mr. McCabe reminded by Moderator speaking time of ten minutes had expired. Granted further time. —� Explanation by Mr. Rowse, Chairman of Appropriation Committee. General discussion by the following speakers: Messrs. Doherty, Cutter, Sarano, Atkinson. Question by Mr. Nichols if speaker was a Town Meeting Member. Answered by Moderator, he is. Further discussion. Speakers, Selectman Mr . Lyons, Mr. O 'Connell, Selectman Mr. Ferguson, Doherty, McCabe, Devine and Emery. Request from floor question be put to a vote. 162 01 t, Francis E. Burke offers amendment to original vote, as follows : Vote be taken by means of ballot. Mr. Blake offers an amendment as follows: Vote be taken by a rising vote. Vote taken on I!lr. Burke's amendment, vote be taken by ballot. Declared lost 9:55 P.M. Vote taken on Mr. Blake' s amendment , vote be taken by rising vote. Declared Carried 9:56 P.M. Rising vote taken on original question as follows : In Favor Teller Negative 0 Adler 21 23 R. Rowse 76 5 Norris 28 28 125 Declared Lost 9:58 P.M. Motion by Mr.. Rowse meeting be dissolved, seconded. Result of vote taken on the motion for the meeting be dissolved, as follows: In Favor Teller Negative 50 Adler 0 95 R. Rowse 0 33 Norris 0 178 0 Declared Unanimous 10 :00 P.M. Attest: (4.4 ,- , _To/ Clerk. 1 163 TOWN N WARRANT C O MON dEA LTH OF MASSACHUSETTS MIDDLESEX, s s. 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 the Cary Memorial Building, in said Lexington, on Monday, the twenty- second day of July, 1935, at 8:00 o'clock P.M. , then and there to act on the following articles: Article 1. To receive the report of any Board of Town Officers or of any committee of the Town, and to appoint other committees. Article 2. To see if the Town will authorize the Selectmen to install a sewer in Blake Avenue and Wadman Circle subject to the assessment of betterments, and to take by Eminent Domain the necessary easements therefor and provide funds for said installation by direct appropriation, or by transfer from other funds. Article 3. To see if the Town will authorize the Selectmen to install a street light on Freemont Street. Article 4. To see if the Town will transfer money to pay the necessary expenses of the Supt. of the Water Dept. incurred outside the Commonwealth in securing in- formation upon matters in which the Town is interested or which may tend to improve the service in the later Department and for the purpose of meeting the appro- priation and to establish the new account to be opened for that purpose, the sum of $25. be transferred. r- Article 5. To see if the Town will vote to accept Sec. 67, Chap. 205, of the Acts of 1935 amending Chap. 33 of the Gen- eral Laws, and Act relative to Military Service of County Employees, which reads as follows: "Any person in the service of the Commonwealth, or of a county, city or town thereof which, by vote of its county commissioners or city council or of its inhab- itants at a town meeting, accepts this section, shall be entitled, during the time of his service in the organized militia, under sections seventeen, twenty- five, twenty-six, one hundred ani' twenty-three and one hundred and eighty-one, or during his annual tour of duty, not exceeding fifteen days, as a member of the organized reserve of the army of the United States or of the United States naval reserve forces, to receive pay therefor, without loss of his ordinary re- muneration as an employee or official of the common- wealth or such county, city or town, and shall also be entitled to the same leaves or absence or vacation with pay given to other like employees or officials. " Article 6. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects. Article 7, To see if the Town will vote to amend the vote adopted at the Annual Town Meeting, March 4, 1935 and adjourned to March 18, 1935, which reads as follows: "Voted that the Selectmen be authorized to complete the con- struction of Pleasant and Watertown Streets to the new Concord Turnpike, a distance of approximately 2600 feet, under Chapter 90 of the General Laws, and amendments, providing the State and County contribute a like amount, and for the purpose of said construction the sum of $9,0000 be appropriated and assessed," so as to provide for an appropriation of $9,000. for the construction of a portion of Pleasant and Watertown Streets, to be expended in conjunction with money to be contributed by the Commonwealth and the County. 164 Article 8. To see if the Town will vote to amend the asoma vote adopted at the Annual Town Meeting, March 4, 1935 and adjourned to March 18, 1935, which reads as follows: "Voted that the Selectmen be authorized to cons- truct Lincoln Street, from Marrett Road in a northeasterly direction a distance of 3600 feet, under Chapter 90 of the General Laws, and amendments, providing the State and County contribute a like amount, and for the purpose of said construction the sum of $12,000. be appropriated and assessed,` so as to provide for an appropriation of $12,000. for the construction of a portion of Lincoln Street, from Marrett Road in a northeasterly direction, to be expended in conjunction with money to be contributed by the Commonwealth and the County. Article 9. To see if the Town will vote to make prov- isions for the disposal of surface drainage in Hancock Street and private lands by the construction of drains or conduits or the diversion or relocation of brooks, and for that purpose take lands or easements by eminent domain, and provide for the payment therefor by direct appropriation or by the transfer from other funds. Article 10. To see if the Town will vote to appropriate and transfer from ;later Department Available Surplus the sum of $155.95 for an unpaid bill for :later Maintenance for the year 1934, or act in any manner relating thereto. Article 11. To see if the Town will vote to authorize the Selectmen to construct granolithic side- r walks where the abutting owner pays one- half the cost, and provide funds for said construction by transfer from other funds. Article 12. To see if the Town will vote to transfer unexpended balances in various accounts to the Excess and Deficiency Account. Article 13. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Kendall Road from Marrett Road to Hilltop Avenue, a distance of approximately 605 feet, as laid out by the Selectmen under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated Sept. 26, 1934, and to take by eminent domain the necessary easements therefor, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 14. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Farmcrest Avenue from Waltham Street, a distance of 1430 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated Sept. 26, 1934, and to take by eminent domain the necessary easements therefor, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 15. To see if the Town will vote to transfer the sum of $7740.12 from the Maturing Debt Account to the Excess and Deficiency Account. 165 Article 16. To see if the Town will appropriate an additional sum of money for Public Welfare to authorize the same to be transferred from surplus revenue. Article 17. To see if the Town will appropriate an additional sum of money for Forest Fires and to authorize the same to be transferred from surplus revenue. Article 18. To see if the Town will appropriate an additional sum of money for Soldiers° Relief - - and to authorize the same to be transferred from surplus revenue. Article 19. To see if the Town will vote to appropriate and transfer from other accounts funds for surface drainage in Lowell Street and gestminster Avenue by the construction of drains or conduits. Article 20. To see if the Town will vote to appropriate and transfer from other accounts the sym of $908.60 to pay the bill of Anthony Ross & Son for work done for the Park Department and Highway Department in 1929 and 1930, or act in any manner relating thereto. Article 21. To see if the Town will vote to appropriate and transfer the sum of $22.75 for an unpaid bill of the Police Department for the year 1934, or act in any manner relating thereto. Article 22. To see if the Town will determine the situation of a new High School building and will authorize L the Selectmen to acquire by purchase or take by Eminent Domain land for the purpose of such new building and other appropriate school purposes, or for the purpose of a park, playground or recreation center, and Provide for payment for the same by direct appropriation, by transfer from other accounts, or by the issue of bonds or notes of the Town in accordance with law. Article 23. To see if the To will appoint a building Committee to procure plans and estimates for the construction of a new high school and Provide money for necessary architectural and engineering services by direct appropriation or by transfer from other accounts. Article 24. To see if the Town will vote to appropriate and transfer the sum of $1450. from the Insurance Account to pay for an appraisal of Town Property. Article 25. To see if the Town will vote to amend the Lexington Zoning By-Law by adding to Section 4, R.1 Districts, l'aragraph 6, the following para- graph: "e. Excavation and removal from the L premises of any sod, loam, sand, gravel, clay or cluarried or crushed stone, except when incidental to and in connection with the constr- uction of a building for which a permit has been issued in accordance with the Building By- Laws, and except when incidental to and in connection with the normal and lawful development of the property concerned." Article 26. To see if the Town will vote to appropriate and transfer the sum of $1,000. from the Excess and Deficiency Account to be added to the appropriation for the construction of a portion of Pleasant and Watertown Streets, to be expended in con- junction with money to be contributed by the Commonwealth and the County. 166 cn Article 27. To see if the Town will vote to amend the Lexington Zoning By-Law as follows; By inserting after Section 3, C.1 Districts, Paragraph 30, a new paragraph which shall read as follows: "30 (a ). Upon the easterly side of Pleasant Street beginning at a point 100 feet southerly from the intersection of the Concord Turnpike extending 150 feet along Pleasant Street and of a depth of 200 feet throughout." Article 28. To see if the Town will vote to appropriate and transfer funds for the Cary Memorial Library. -- Article 29. To see if the Town will vote to appropriate and transfer additional funds for street lighting. 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 of 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 ninth day of July, 1935. CHARLES E. FERGUSON SELECTMEN JOHN E. GILCREAST OF WILLIAM G. POTTER JOHN A. LYONS LEXINGTON July 15_ 1935 To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: Signed: Patrick J. Mamuire Constable of Lexington. 167 SPECIAL TOWN MEETING HELD JULY 22, 1935 Meeting called to order by the Moderator, Robert H. Holt, at 8:12 P.M. There were Town Meeting Members present. Town Clerk, James J. Carroll, read the Warrant for the meeting until further reading was unanimously waived by vote. The To-up Clerk read the Constable's return for the meeting. Under Article 1, Selectmen Mr. Ferguson offered the following Motion: Voted: That a committee of .three, of which the Moderator shall be a member, be appointed to have charge of the Cary Lectures for the coming season. Carried Unanimously 8:15 P.M. Under Article 1, Mr. F. Fischer of the Committee of Eleven, on increased High School Accommodations presents their report, offering a motion the report be accepted and the Committee discharged. Carried Unanimously 8:15 P.M. The _following report submitted: t\ ,/) ) f REPORT OF THE 1 COMMITTEE OF ELEVEN ON INCREASED HIGH SCHOOL ACCOMMODATIONS JULY, 1935 BRING THIS REPORT WITH YOU TO THE TOWN MEETING, JULY 22, 1935 TOWN OF LEXINGTON MASSACHUSETTS 1 ...., , \ • The Committee, appointed in June, 1934, to make a study Of the future needs for High School accommodations, has included in its report the four following items A. Need for Increased High School Accommodations. B. Ways of Relieving the Crowded Conditions. C. Problems in,Selection of Future Building Site. .. 1, D Recommendations. , - A. Need for Increased High School Accommodations The Annual Report of the School Committee for 1934 presents much information relative to the present needs of the Senior High School. `:4 I i - The enrollment October, 1934 in the Junior High School was 607 and the enrollment in the Senior High School was 637 making a total of 1244 pupils in the entire building. Of this total enrollment 92 were from Bedford and 118 were from Burlington. i The following tables show the estimated enrollments for the Junior High School and the Senior High School for the next six years: ' Junior High School Year Enrollment Pupils from Burlington 1935-1936 615 42 1936-1937 638 58 1937-1938 650 42 1938-1939 689 56 1939-1940 711 61 1940-1941 733 40 In arriving: at these estimates the present enrollment in the lower grades were considered. Senior High School Year Enrollment Pupils from Pupils from ' Bedford Burlington 1935-1936 659 100 87 q., 1936-1937 704 118 97 1937-1938 747 125 119 1938-1939 757 128 125 i 1939-1940 745 114 137 1940-1941 782 107 140 In making these estimates we have deducted four percent from the present enrollment of each class. This has been the average decrease over the past few years. Post-graduates have not been included, because their , number is most uncertain. Combined Junior and Senior High Schools Year Enrollment Pupils front Pupils from Bedford Burlington' 1935-1936 1274 100 129 1936-1937 1342 118 155 1937-1938 1397 125 161 1938-1939 1446 128 181 1939-1940 1456 114 198 1940-1941 1515 107 180 3 1,4??4,,:.'",` ),k'1,4,41N4A.•,o ! .'4 __–.. __ ...—.–....., ... T - - _— ,, i ,I I I t these'figures are,based on'present enrollments and make no_allow- - :a;. b. Any,addition will occupy part of.pres'ent inadequatesite. ante,for the future growth of the town. A% c. The present heating system cannot heat.a large additional'unit., ' The present-building was intended to accommodate approximately f d: If classrooms are added to. existing structure,,it.will make the 1000 pupils. The ,estimated enrollment for,September, 1936 is 1342. It is ,r building unbalanced. The• lunchroom now serves four lunchshifts each day "the' opinion of the' School Officials that by that date it will be impossible to beginning at 11.15 and extending to 1.:00 o'clock. The, gymnasium,.locker, accommodate properly that number of pupils. rooms and shops,are.now being used at maximum capacity. No room is now Rooms are now used,that do not meet the required standards for tavailable for Music.'or Art work. In other:words, if we are to enlarge our , light and size; several .rooms are accommodating classes .beyond their present school`plant, we should ly clae additional unitsssrooms: .necessary for a proper capacity,and others are being used for class purposes that were not 11 complete high school and not simply clae. Rooms in the Junior High School,are now being used for,class- so intended. rooms that are below the best standards. These rooms are intended,only for - It'is possible for a good school to run on itss-momentum for a short emergency use. Other rooms'are filled beyond their capacity. while, but it is impossible to maintain for any length of time a.lugh standard f. Enlargement of the present.plant will make it of-such size that of Work when the.'school is overcrowded or;placed on part .time. its use as a building for one school in the future will be difficult: g. The absence of an adequate playground near the High School is B., Ways of Relieving This Crowded Condition g. of its defects. There' is a limited lot of land now undeveloped between At the present there'appear three feasible plans by which the con- this building and the railroad tracks. While this land would be•of value to gestion in the High School Building can be relieved: the school, the site would still be inadequate: If a new high school unit is I. By Eliminating Out of-Town Pupils. planned, it should be located where suitable playgrounds are possible. II. By Enlarging the;Present High School Building: It is the opinion.of this Committee that the town should,not make. ' III. By Erecting a New Building to Serve for either of the Two additions td the present High School-Building„but should secure at once a High Schools. proper central location forfuture h a. igh school unit. III. By Erecting a New Building to Serve for Either of the I. By Eliminating Out-of-Town Pupils Two High Schools t ; -. ; On first thought one mightbelieve that by excluding.pupils from If the town decides to retain the tuition pupils from Bedford and Bedford and Burlington a material saving would be made. Careful'study Burlington and "not to make additions to the present High School Building, shows that these pupils, selecting their subjects from the various curricula, it will be necessary to erect'.a new school unit. ' , ' ' arefound in all the classes—a'few in each. To be Sure if they were excluded, It has been'suggested that a separate junior high school be erected there would..be fewer pupils,in each class; but only in a few subjects,,such in another section of the town.and still continue our present combined,Junior as English and History,,would the number be cut down so materially as to High School and Senior High School. While it. will undoubtedly be true as. , decrease class divisions. ' In fact,the elimination ofall out-of-town pupils the town developsthatmore than one junior high school willhe required,,the, would,reduce the size of classes and the•number of divisions sufficiently. to chief.objections to' this plan at present are that no'one section of the town save the expense of three or four teachers. There would,,,also, be,a. saving now is of sufficient size to warrant another permanent unit, and it is in textbooks and supplies; probably a total saving of approximately $8,000 impossible to forecast thefuture growth of the town. Furthermore, the , or $9,000. Elimination of these pupils would prolong the use'of the present educational results obtained from a small unit are very unsatisfactory. i . Wilding-for a few years; no 'one knows how long. Once gone in'all probabili-• It is our opinion that for some years to come Lexington can.best be ty'they will never return, , served by one junior high school maintained in some central location. r We The town will receive thee coming year approximately $28,000, for believe this junior high school should be located'in the present building or in .tuition and by 1940 $40,000., if the present rates of tuition are maintained. 1,,,,, a new building in a central section of the town. The citizens of Lexington need to.decide whether it is better to give up the ; $A000. .of tuition to save.approximately $8,000 br' $9;000 in salaries, text- C. Problems in.Selection of Future Building Site ' ' , , :' 'books and supplies, and, thereby, delay the construction of.building a few 1\ The:Committee had in mind from the beginning that any parcel of years, or whether it is better to build now and to,keep those pupils whose land purchased for school purposes must of necessity :measure up to a four tuition will help to pay for a new building. point program, viz:• _ Your C'omiriittee believes that the present,arrangement with Bedford I. The land, must be suitable for. a school building. and Burlington is of .economic advantage to' L„exington and should be This refers particularly to the condition-of the a soil for sustain- continued.-' ing a heavy weight, also drainage and sewer conditions. ,'II. ;By Enlarging Present High. School Building I II: Sufficient land must be purchased for all school activities, park!- , As to the advisability of adding to the present building, -several '1 ing apace and possible future additions to plant. _ 1 ` ' ' objections'are seen:``$` ' C 1 i 'y.. This ''includes baseball, football, track tennis etc, ,;as well as ;a., ,The-building is so.•cohstructed'and located'that-it-is not.ideal for n allowing:sufficient area for parking".cars caused by,evening Ysession , enter , further expansion.. '{ tainments,.ntc. .i', '- , •ar _ , ,+ f, ,J, .�. - 'i' ,.y' �; i)` .1;-gat. ,.E` 7,,.>;..,y 3!'' l;�o'- ,5,. 4 ,i •,�'i i. \ i, ''� ,.. :',, 7:,<^t I.` - ;it t� i,: ,.l - i,:?%'` ! S t"yi,, ' ,1: \J'<” 1. `1'� 'F.1:'' .. s i.s i. i._.._.. r.r .....�-..v.hu:�a ,<.. ?,.�-.,... ,.a. •.,..,...r:..r.., �.,.rvCas r�s:�s�.,..,a - "z.\f..-.�yi"�,...wiz.,�S;,,.rw.� [.:�.a.: -„rads:�:1..,,,1.��' ,. . . ... _ ,. .. .. _ ,, ... 1 I / J/ L � ei o z Z ��a town.' !I S NO.LONIHSYM� `lu This seems important where a single high school is to care for I' ,,Ts, �� ' our needs for many years to come. Out of fairness to all h ol hil- 5I; ' , only�wherever he ea r located but the town, the frem cenall tral high ts f the town.school `snouldobecnot 1 �e �s --r"----11- w aid a3•` N0N�34,,, d0 w L S y D. Recommendations s,' ,c ��o, w (:c.) 0131�woois ui After studying several parcels of land, the Committee unanimously P? o, ° o t ';)': agreed that a portion of the property of William E. Mulliken, which lies N z wnoos c� m ,t , adjacent to the town park land and includes a right of way through to _ ` °a �� e r' "' Waltham Street,.as shown on map, best stood the rigid tests of item "C", ,A„I " o j lay 4., and offers the following vote: ti p'" I 11 I 1 a� "That this Committee recommends to the town e'0 w 1 i ;, Plot B, and adjoining parcel of land, known Pay ,14,,,,,„ w,NrHROP 40 ai I '$,I r as the John E. Mulliken property, as shown ,,E z d ''•.+' �.+.," on a plan of the Mulliken estate, so called, 40 P i a a as a site fora future school building and that cv`° rN b a A4 11":`'' the'town take the same by eminent domain." Fl 10) P..'s Q. ,1)"i Respectfully submitted, -Ls J. a \ cti sx i w ,i , Committee on Increased High School Accommodations , 4 s }X '- In d ',b`'',,i3','' JAMES STUART SMITH, Chairman o- ��� -----3 Vi ys w""'�' EARL S. ARCHIBALD ` N 111 'ROY A. FERGUSON ., ti l'a .16 tiazznw 1J G -{'I;,,i•' �. Y ,e‘, 0 ai m� bb,s RiJDOLPH GFROERER � ` " 3" RANDALL B. HOUGHTON c 'Ls ,'V,t Mrs. WILLIAM G. POTTER °a a , o L O �p ,r,,.., LUTHER R. PUTNEY i o e`PµE , a �3e "OSNwr ° ;I ; Mrs. FLETCHER W. TA.FT > �� (P° ^b >aa p a' 1',';t` .4. HARVEY F WINLOCI� , a"" °, � w>a ho 5 r. t Map Shown on Opposite Page / y �� i cn I fa %°,°°,`' i , Q' *6. I st)�i"�t :•,v I i,.1.`.. _ I 1 S l N° Orel > STK rr' I;;rs , /� a �1 9 .'��; it,,,# �...,. , 19 Jai nsSNM3.L 0'4- z 'i •YR j;., ,'34% () jIH5 D� �y Sri-t �? �� tI tr � �,c'` � y ;At � ;*• 3113n3�j 0 F £ y� kxY- rQi 4 4 °�, .•,.K I -• 1S z00 tun-)0D .,, fir.._a ?. ,Jr,hs. .. .•.:,,Firyliit�/,N1'A•t�.i rw._ ., ,. L ted,..— a , 168 tz, Under Article 1, Mr. Worthen, Chairman of Committee, for site for placing German Field Piece, offers a report progress until next Fall Meeting, suggesting the Field Piece be put in presentable condition. Motion made report be accepted, but Caarmittee not be discharged. Carried Unanimously 8:18 P.M. Under Article 1, Mr. Rowse, Chairman, Appropriation Committee, offers Appropriation Committee!s Report, moving same be accepted and placed on file. Carried Unanimously 8:19 P.M. ARTICLE 2. Selectman Mr. Ferguson offers the following motion. Voted that the Selectmen be atthorized to install a sewer in Blake Avenue subject to the assessment of betterments, and to take by Eminent Domain the necessapy easements therefor, and for the purpose of said 'sewer construction the sum of 0500. be transferred from ths, Sewer Assessment Fund. Carried Unanimously 8:20 P.M. ARTICLE 3. Selectman Mr. Ferguson offers the following motion. Voted that the Selectmen be authorized to install a street light on Freemont Street, Carried Unanimously 8:21 P.M. ARTICLE 4. Selectman Mr. Ferguson offers the following motion. Voted that the sum of $25.00 be transferred from the Water Maintenance Account to pay the necessary expenses of the Supt. of the Water Dept. incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the Water Department, and that a new account be established for that purpose. Carried Unanimously 8:22 P.M. ARTICLE 5. Selectman Mr. Ferguson offers the following motion. Voted that the Town accept Sec. 67, Chap. 205, of the Acts of 1235 amending Chap. 33 of the General Laws, an Act relative to Military Service of County Employees, which reads as follows: "Any person in the service of the Commonwealth, or of a county, city or town thereof which, by vote of its county commissioners or city council or of its inhabitants at a town meeting, accepts this section, shall be entitled, during the time of his service in the organized militia, under sections seven- teen, twenty-five, twenty-six, one hundred and twenty three and one hundred and eighty-one, or during his annual tour of duty, not exceeding fifteen days, as a member of the organized reserve of the army of the United States or of the United States naval reserve forces, to receive pay therefor, without loss of his ordinary remuneration as an employee or official of the commonwealth or such county, city or town, and shall also be entitled to the same leaves of absence or vaca- tion with pay given to other like employees or officials. " Carried Unanimously 8:23 P.M. ARTICLE 6. Selectman Mr. Ferguson offers the following motion. Voted that the sum of $4,000.00 be appropriated for labor and materials on public works and for other ex- penses in connection therewith, to be expended by the Selectmen for aid to persons employed on various pro- jects, and for this purpose this amount be transferred from the Excess and Deficiency Account . Carried Unanimously 8:24 P.M. ARTICLE 7. Selectman Mr. Ferguson offers the following motion. _ _ 169 Voted that the Town amend the vote adopted at the Annual Town Meeting, March 4, 1935, and adjourned to March 18, 1935, which reads as follows: "Toted that the Selectmen be authorized to complete the construction of Pleasant and Watertown Streets to the New Concord Turnpike, a distance of approxi- mately 2600 feet, under Chapter 90 of the General Laws, and amendments, providing the State and County contribute a like amount, and for the purpose of said construction the sum of $9,000.00 be appropriated and assessed" so as to provide for an appropriation of $9,000. for the construction of a portion of Pleasant and iWatertom Streets, to be expended in conjunction with money to be contributed by the Commonwealth and the County. Carried Unanimously 8:28 P.M. ARTICLE 26. Selectman Mr. Ferguson offers the followina. motion. Voted that the Town appropriate and transfer the sum of $1,000. from the Excess and DefiCiency Account to be added to the appropriation for the construction of a portion of Pleasant end Watertown Streets, to be expended in conjunction with money to be contributed by the Commonwealth and the County. Carried Unanimously 8:30 P.M. ARTICLE 8. Selectman Mr . Ferguson offers the following motion. Voted that the Town amend the vote adopted at the Annual Town Meeting, March 4, 1935, and adjourned to March 18, 1935, which reads as follows: "Voted that the Selectmen be authorized to construct Lincoln Street, from Marrett Road in a northeasterly direction a distance of 3600 feet, under Chapter 90 of the General Laws, and amendments, providing L the State and County contribute a like amount, and Thr the purpose of said construction the sum of 012,000.00 be appropriated and assessed", so as to provide for an appropriation of $12,000.00 for the construction of a portion of Lincoln Street , from Marrett Road in a northeasterly direction, to be expended in conjunction with money to be contributed by the Commonwealth and the County. Question by Mr. Sarano of an outline of the work to be done. Explained by Mr. Ferguson. Carried Unanimously 8:33 P.M. ARTICLE 9. Selectman Mr. Ferguson offers the following motion. Voted that the Town make provisions for the disposal of surface drainage in Hancock Street and private lands by the construction of drains or conduits or the diversion or relocation of brooks, and for that purpose take lands or easements by Eminent Domain, and orovide for the Payment therefor by the transfer of . 1,000. from the Excess and Deficiency*Account. Carried Unanimously 8:35 P,M. ARTICLE 10. Selectman Mr; Ferguson offers the following motion. Voted that the sum of . 155.95 be transferred from the Water Department Available Surplus Account to pay an unpaid bill for Water Maintenance for the year 1934. Carried Unanimously '8:36 ARTICLE 11. Selectman Mr. Ferguson offers the following motion. Voted that the Selectmen be authorized to construct granolithic sidewalks where the abutting owner pays one-half the cost, and to Provide funds for said construction by the transfer of 600. from the Excess and Deficiency Account. Carried Unanimously 8:37 P.M. 170 ARTICLE 12. Selectman Mr. Ferguson offers the following motion. '°``' Voted that the unexpended balance of $946.68 in the Highway Construction, Gleason Read, #2 Account be transferred to the Excess and. Deficiency Account. Carried Unanimously 8:38 P.M. ARTICLE 13. Selectman Mr. Ferguson offers the following motion. Voted that the Town accept the layout as a town way of Kendall Road from Marrett Road to Hilltop Avenue, a distance of approximately 605 feet, as laid out by the Selectmen under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated Sept. 26, 1934, and to take by eminent domain the necessary easements therefor, and for the • purpose of constructing said street the sum of 2,283.07 be apropriated and transferred from the Excess and Deficiency Account. Carried Unanimously 8:40 P.M. ARTICLE 14. Selectman Mr. Ferguson offers the following motion. Voted that the Town accept the layout as .a town way of Farenerest ;venue from 7altham Street; a distance of 1430 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Tong Clerk, dated Sept. 26, 1934, and to take by eminent domain the necessary easements therefor, and for the purpose of constructing said street the sum of X8,964.45 be appropriated and trans- ferred from the Excess and Deficiency Account . ne Question by Mr. Doherty what kind of Construction. _. Carried Unanimously 8:42 P.M. ARTICLE 15. Selectman Lir. Ferguson offers the following motion. Voted that the sum of 0740.12 be transferred from the Maturing Debt Account to the Excess and Deficiency Account. Carried Unanimously 8:43 P.M. ARTICLE 16. Selectman Mr. Ferguson_ offers the following motion. Voted that the sum of $20,000. be appropriated for Public Welfare and that this amount be transferred from the Excess and Deficiency Account. Carried Unanimously 8:44 P.M. ARTICLE 17. Selectman Mr. Ferguson offers the following motion. Voted that the sum of 4?400, be appropriated for Forest Fires and that this amount be trans- ferred from the Excess and Deficiency Account. Carried Unanimously 8:45 P.M. ARTICLE 18. Selectman Mr. Ferguson offers the following motion. Voted that the sumof c;I50O. be anPraeriated for Soldierst Relief and that this amount be transferred from the Excess and Deficiency Account. Carried Unanimously 8:45 P.M. 171 ARTICLE 19. Selectman Mr. Ferguson offers the following motion. Voted that the sum of =;;2000. be appropriated for surface drainage in Lowell Street and Westminster Avenue, and that this amount be transferred from the Excess and Deficiency Account. question by Mr. Hutchinson if this work com- r pleted or in progress. Answered in progress. Carried Unanimously 8:48 P.M. ARTICLE 20. Selectman MT. Ferguson offers the following motion. Voted that the sum of $908.60 be appropriated to pay the bill of Anthony Ross & Son for work done for the Park Department and Highway . Department in- 1929 and 1930, and that this amount be transferred from the Excess and Deficiency Account. General discussion by the following: Messrs. Hutchinson, Coburn, Cutter, McCabe, representing Anthony Ross & Son. Mr. William Greeley rises for Point of order. Decision by the Moderator the speaker in order. Mr. Hutchinson moves for indefinite postponement. The question of the main motion was carried unanimously at 9:01 P.M, ARTICLE 21, Selectman MT, Ferguson offers the following motLon. Voted that the sum of 422.75 be appropriated to pay an unpaid bill of the Police Departaent for the year 1934, and that this amount be transferred frail the Excess and Deficiency Account, Carried Unanimously 9:02 P.M. ARTICLE 24, Selectman Mr. Ferguson offers the following motion. Voted that the sum of e1450. be appropriated and transferred from the Insurance Account to pay for an appraisal of Town property. Discussion - Messrs. Ryder, Cutter, E. Partridge. E. Partridg_e moves for indefinite postponement. Indefinite postponement declared lost at 9:08 P.M. question of doubt. Moderator states in question of doubt necessary for fifteen doubters to be present. On canvass of doubters eight arose, therefore original decision of Moderator in order. 9:10 P.M. Original motion as presented Carrie 4 Unanimous 9:10P.M. ARTICLE 28. Selectman Mr. Ferguson offers the foliowlng motion. Voted that the SUM of l;,1,000.00 be appropriated for the Cary Memorial Library Accuunt, and that this amount be transferred from the Excess and Deficiency Account, Carried Unanimously 2:1, P.M. 172 Pmar4 ›.°;•! ARTICLE 25. Selectman Mr. Ferguson moves to take up Article 25. Mr. 5, Henry Duffy, Chairman, Planning Board offers the following motion. Voted that the Town amend the Lexington Zoning By-Law by adding to Section 4, R. 1 Districts, paragraph 6, the following paragraph: "e. Excavation and removal from the premises of any loam, sand, gravel, clay or quarried or crushed stone, except when incidental to and in connection with the construction of a building for which a permit has been issued in accordance with the Building By-Laws, and except when incJdental to and in connection with the normal and lawful development of the property concerned." Mr. Duffy reads report as follows: REPORT OF THE PLANNING BOARD ON PROPOSED AMENDMENT TO ZONING BY-LAW RELATIVE TO REMOVAL OF LOAM, GRAVEL, ETC. The Planning Board is of the opinion that this amendment should be written into the Lexington Zoning By-Law, so that in the future no wholesale removal of loam, sand, gravel, etc. can take place withouta pub- lic hearing and the well-considered approval of some responsible authority. Strictly speaking, the present By-law covers situations of this sort, because large- scale removal of laom, sand, or gravel is truly a business enterprise, and as such is prohibited in a residential zone._ However, with specific mention of this matter in the text of the By-law, no excuse will remain for administrative officials to allow such activities in the Town unless duly passed upon by the Board or Appeals and judged by it to be not detrimental to the welfare of the Town or its inhabitants. It may be argued that the owner of a piece of land has the right to dispose of materials derived from it, as long as the act of removing such materials is within the law and not obnoxious to the neighborhood in which it is located. But it is obvious that in whatever degree the land itself is depleted of valuable com ponents, by so much is its value for futare use, and its value as taxable property, destroyed. It is the 173 responsibility of public officials 'to see that the assets of the Town are not wilfully depreciated. The removal of valuable material in any form, whether or not for private gain, which is not replaced by property of equal or greater value, is surely a loss to the Town as a whole and can there- fora be regarded only with disapproval. r- However, the Board feels that the removal of sod does not appropriately come within this category, and recommends that the necessary steps be taken toward removing the word "sod" from the proposed amendment. The Planning Board therefore recommends the adoption of this amendment to the Zoning By-law, provided that the word "sodT4 be deleted. • LEXINGTON J. HENRY DUFFY PLa1�SING EDWARD W. KIMBALL BOARD LESTER F. ELLIS _ SHELDON A. ROBINSON July 22, 1935 _ ROLAND B. GREELEY General discussion from various speakers. Mr. E. Partridge moves for indefinite postponement. Main motion for indefinite postponement. Carried Unanimously 9:31 P.M. ARTICLE 29. Under Article 29, Selectman Mr. Ferguson moves for indefinite postponement. Carried unanimously 9:32 P.M. ARTICLE 22. Selectman Mr. Ferguson moves to take up Article 22. Mr. F.L. Fischer of the School Committee and High School Accommodations Committee offered the following: Voted: That the Board of Selectmen be authorized in the name of and on behalf of the town to take by eminent comain Plot B and an adjoining parcel of land known as the John E. Mulliken property as shown on a plan of the Mulliken Estate so-called, as a site for a future school building and for other appropriate school purposes, and for a park, -- playground or recreation center, said parcel of land being bounded and described as follows: - 174 4 Beginning at a point in the northwesterly side line of Waltham Street, said point being south 55° 20' west and distant 6.28 feet from an angle point in said northwesterly side line of Waltham —, Street, said point of beginning being in the dividing line between the prop- erties of Mulliken and Ryder; thence running northwesterly along said div- iding line about 808 feet to a point; thence running northeasterly about 573 feet to a point; thence running southeasterly about 623 feet to a stone bound; thence running southwesterly along a brook about 119 feet to a point; thence running southwesterly about 387 feet to a point ; thence running south- easterly 235.47 feet to a point in the northwesterly side line of Waltham Street; thence running southwesterly along said northwesterly side line of Waltham Street by two courses 100 feet to the point of beginning, containing about 8.4 acres. And Further, That the town appropriate and transfer from the Excess and Deficiency account the sum of Five Hundred Dollars 4500) for the above purpose. Explanation by Mr. Fischer. Mr. Rowse, Chairman, Appropriation Committee stated Appropriation opposed, stating more definite information desired. Mr. Rowse offering a motion for indefinite postponement. Mr.._ Femons of Tax-payers Association state3 the Association in opposition at this time. Mr. Wrightington, Town Counsel, asks if the Committee had been discharged, if so, the same Committee be re-appointed for further investiga- tion. 175 Reply from Mr . Holt, Moderator, the Committee had been discharged. The main, motion for Indefinite Postponement was presented and carried for Indefinite Postpone- ment. 10:11 P.M. ARTICLE -23. Mr. Fischer of School Committee moves for Indefinite Postponement.. Indefinite Postponement carried at 10:12 P.M. r- ARTICLE 27. Selectman Mr. Ferguson moves to take up Article 27, Mr. Duffy, Chairman of Planning Board, offers the following: Voted that the Town amend the Lexington Zoning By- Law as follows: By inserting after Section 3, C. 1 Districts, Paragraph 30, a new paragraph which shall read as follows: "30 (a. ) Upon the easterly side of Pleasant Street beginning at a point 100 feet southerly from the intersection of the Concord Turnpike extending 150 feet along Pleasant Street and of a depth of 200 feet thoughout." Mr. Duffy reads report of Planning Board. REPORT OF THE PLANNING BOARD ON PROPOSED AMENDMENT TO ZONING BY-LAW RELATIVE TO HENRY S. MOODY PETITION Acting upon the petition of Henry S. Moody to amend the Lexington Zoning By-Law and Map by changing the parcel of land upon the easterly side of Pleasant Street beginning at a point 100 feet southerly from the inter- section of the Concord Turnpike extending 150 feet along Pleasant Street and a depth of 200 feet throughout; from an R. 1 to a C. 1 District, the Planning Board has, in accordance with the provisions_ of_ the .Zoning By-Law, held a duly advertised hearing and reports to the town as follows: The Board is of the opinion that at the present time no need exists for a business zone in this part of the town and it does not believe that such a zone would add to the general welfare or convenience of the citizens of Lexington. Whatever the future business requirements may become, along the new Concord Highway, there are at least four parties who have withheld petitions for zoning changes in this general area, pending action by the State Legislature relative to the regulation of business along this road. The Board therefore recommends that this proposed amendment be not adopted, at least until the State bill is acted upon. J. HENRY DUFFY Lexington ROLAND B. GREELEY LESTER F. ELLIS Planning SHLDON A. ROBINSON July 22, 1935 Board EDWARD W. KIMBALL General discussion., Messer: Cotton, Ferguson, Cutter, Ryder, Kimball, Hutchinson, Borden, Worthen and Lamont. A rising vote to amend the Lexington Zoning By-Law taken as follows: 176 ei In Favor Tellers asative r 25 Johnson 4 44 Mayo 7 31 Locke 0 100 11 Carried 10:38 P.. . Selectman Mr. Fergason moves meeting be dissolved. arried Unanimously 10:39 P.M. Attest: nice,_... A... ti/ TorIT Clerk. 177 TOWN WARRANT COMMOMWEALTH OF MASSACHUSETTS- MIDDLESEX ss. To either of the Constables of the Town of Lexington, in said County: Greetings: In the name of the Commonwealth of Mass- achusetts, you are directed to notify the inhabitants of the Town of Lexington, Quali- fied to vote in elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Monday, the twenty-first day of October, 1935 at 8:00 o'clock, P. M. , then and there to act on the following articles: ARTICLE 1. To receive the report of any Board of Town Officers or of any committee of the Town, and to appoint other committees. ARTICLE 2. To see if the Town will authorize the Select- men to install street lights in the following unaccepted streets: Taft Avenue; Blake Road; Blossomcrest, ARTICLE 3. To see if the Town will vote to transfer sums from available funds to the following account: Public Welfare; Snow Removal. ARTICLE 4. To see if the Town will vote to transfer the sum of $1200. from the Sewer Assessment Fund to the Sewer Construction, Sundry Streets Account. ARTICLE 5. To see if the Tpwn will vote to transfer sums from available funds for labor and materials on public works and for other expenses in connect- therewith to be expended by the Selectmen for the aid of persons employed under the Works Progress Administration within the the Town. ARTICLE 6. To see if the Town will vote to install a water main in the following unaccepted street, subject to the assessment of betterments; and to take by eminent domain the necessary easement therefor: Wachusett Drive, from the present end and at Fair Oaks Drive a distance of approximately 350 feet. ARTICLE 7. To see if the Town will vote to raise and approptiate a sum of money for the purpose of financing the construction of a sanitary sewer and storm water drain, the drain to be construct- ed from Hayes Lane through private lands along Vine Brook to Vine Brook Road, and the sewer to be constructed from Hayes Lane through private lands along Vine Brook and its south branch to the junction of the relocated north branch thence through private lands to Kendall Road, and in Kendall Road to Grapevine Avenue; thence in Grapevine Avenue to its junstion with Waltham Street; and authorize and direct the Selectmen to accept on behalf of the Town, for use in carry- ing out such project, a Federal grant of money pursuant to *he Emergency Relief Appropriation Act of 1935; and authorize the Board of Select- ,--men to construct said project and contract with 178 respect thereto; and authorize the treasurer, with the approval of the Selectmen, to borrow .such sums as may be necessary to meet any appropriation made; or take any action relative thereto. ARTICLE 8. To.., see if the Town will vote to raise and approp- riate a sum of money for the purpose of financing tke construction of a new High School building and authorize and direct the Selectmen to accept onbehalf of the Town, for use in carrying out suchproject, a Federal grant of money pursuant to the Emergency Relief Appropriation Act of 1935; and authorize a committee to construct said project and contract with respect thereto and authorize the treasurer, with the approval of the Selectmen, to borrow such sums as may be necessary to meet any appropriation made; or take any action relative thereto. - ARTICLE 9. To see if the Town will determine the situation of a new High School building and will authorize the Selectmen to acquire by purchase or take by Eminent Domain land for the purpose of such new building and ether appropriate school purposes, or for the purpose of a park, playground or recreation center, and provide for payment for the same by direct appropriation,by transfer from other accounts, or by the issue of bonds or notes of the Town in accordance with law. ARTICLE 10. To see if the Town will vote to authorize the Selectmen to transfer the balance in the Pine- wood Road and Belfrey Terrace sewer construction account to the Sewer Assessment Fund. ARTICLE 11. To see if the Town will vote to transfer the sum of $1000.. from the Westview Cemetery Sale of Lots Fund to the account for maintenance of -- Westview Cemetery. And you are directed to serve this Warrant seven days at least before the timeof 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 seventh day of October, A. D. , 1935. Charles E. Ferguson, SELECTMEN John E. Gilcreast. OF John A. Lyons, LEXINGTON. William G. Potter. 179 SPECIAL TOWN MEETING HELD OCtober, 21, 1935. Meeting was called to order at 8:12 P. M. , by Moderator Robert H. Holt. One hundred. thirty-four Town Meeting Members were present. Town Clerk James J. Carroll read the Warrant until further reading was unanimously voted waived. The Town Clerk read the Constable's return of the Warrant. Selectman Mr. Ferguson moved to take up Article One. Under Article. Mr. E. B. Worthen presented a report of the Cnmmittee for the location of the German Field Piece as follows; October 21, 1935 To the Honorable, The Board of Selectmen Lexington, Mass. Gentlemen: The Committee, appointed at the annual Town Meeting in March 1934, to suggest and report on a suitable location for the captured. German Field Piece report as follows: 7- We are unanimous in recommending that the field piece [ be placed in the woods at Tower Park on the most southerly of the two knolls which face toward Mass. Ave. This would place the field piece about 300 feet back from the Avenue and, half hidden in the woods, its appearance would be as in war-time. Respectfully Submitted: Edwin B. Worthen, Eugene H. Partridge. motion made report be accepted and Coamittes be discharged. Unanimous 8:18 P. M. Selectman Mr. Lyons, moves Selectmen be instructed to place, Field Piece. Moderator rules above motion not in order. r-- Mr. A. E. Rowse, Chairman of Appropriation, preRgints Appropr- iation Committee's Report, same aceepted and placed on file,. 8:19 P. M. Selectman, Mr. Ferznison, moves to take ,up Article 2, offering the following; Art.2.Voted that the Board of Selectmen be authorized to install -Ln 180 Blake Road and Blossom Crest. Carried Unanimous 8:19 P.M. Selectman Mr. Ferguson moves to take up Article 3, offering the following: ART. 3. Voted that the following sums be transferred from the Excess and Deficiency Account to the following accounts : Public Welfare - $8,000.00 Carried Unanimous 8:20 P.M. Snow Removal - 3,000.00 Carried Unanimous 8:21 P.M. Selectman Mr. Ferguson moves to take up Article 4, offering the following:- ART. 4. Voted that the sum of $1200.00 be transferred from the Sewer Assessment Fund to the Sewer Construction Sundry Streets Account. Carried. Unanimous 8:22 P.M. • Selectman Mr. Ferguson moves to take up Article 5, offering the following: ART. 5. Voted that the sum of $4,000.00 be transferred from the Excess and Deficiency Account to the account for Public Works, Labor, Material and Other Expenses -to be expended by the Selectmen for the aid of-persons employed under the Works Progress Ac%ministration witAiin the Town. Carried Unanimous 8:23 P.M. Selectman Mr. Ferguson moves to take up Article 6, offering the followings ART. 6. Voted that the Board of Selectmen be -authorized to install a water main, not less than six inches in diameter and subject to the usual guaranty or the assessment of betterments, in the following street: Wachusett Drive, from the present end at Fair Oaks Drive a distance of approximately 350 feet. Carried Unanimous 8:24 P.M. Selectman Mr. Ferguson moves to take up Article 10, offering the following: ART. 10. Voted that the sum of $1749.81 be transferred from the Pinewood Road and Belfry Terrace Sewer Construction Account to the Sewer Assessment Fund. Carried Unanimous 8:25 P.M. Selectman Mr. Ferguson moves to take up Article 11, offering the following: ART. 11. Voted that the sum of $1000.00 be transferred from the Westview Cemetery Sale of Lots Fund to the Westview Cemetery Maintenance _Account. Carried Unanimous 8:25 P.M. Selectman Mr. Ferguson moves to take up Article 8, offering the following: _ ART. 8. Voted that the Town erect a new High School Building, and that for the purpose of financing its construction and to enable the Town to secure the benefits of the joint resolution of Congress 'known as the Emergency Relief Appropriation Act 181 of 1935 the Town appropriate the sum of $300,000.00 if such construction is approved by the Emergency Finance Board and the Governor ofMassachusetts and the proper federal authorities have approved .a grant therefor of federal money, as provided in Ch. 366 of the Acts of 1933 as amended by Ch. 404 of the Acts of 1935, and that for the purpose of meeting the_ said appropriation the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $190,000.00, and to issue bonds or notes of the Town therefor, under authority of and in accordance with the provisions of said statute, said bonds or notes to be ri payable in not more than twenty years at such term and maximum rate of interest as may be fixed by the Emergency Finance Board. All moneys received by way of grant from the Federal Government on account of this project shall be applied first to meet the cost of construction thereof(including preliminary expenses), and any balance thereof shall be applied to payment of the loan. herein authorized. The Selectmen are hereby authorized and directed to accept on behalf of the Town, for use in carrying out such project a Federal Grant of money pursuant to the Emergency Relief Appr&priation Act of 1935, and a Committee of seven whose appointment by the moderator is hereby authorized to proceed with the construction of said project and enter into all necessary and proper contracts and agreements in respect thereto, all subject to applicable Federal regulation; and the said Committee is authorized to do all other acts and things necessary or convenient for obtaining said grant, for making said loan and for constructing said project. Mr. Houghton, Chairman of School Committee, offers explanations. Mr. E.L. Morgan speaks . Mr. F. Fischer rises for point of order. Moderator - rules speaker not in order. Mr. A.E. Rowse, Chairman of Appropriation Committee, states Appropriation Committee not in favor. Mr. F. Chamberlain moves indefinite postponement. On a voice vote indefinite postponement was declared carried by the Moderator 9:02 P.M. The decision questioned, a standing vote was taken with the following results : Yes Tellers No 20 Maddison 11 41 Clark - 31 8 Sarano 23 69 65 Indefinite postponement carried 9:08 P.M. Selectman Mr. Ferguson moves to take up Article 7, offering the following: ART. 7. Voted that the Town construct a sanitary sewer and storm water drain, the drain to be constructed from Hayes Lane, through private lands along Vine Brook to Vine Brook Road, and the sewer to be constructed from Hayes Lane through private lands along Vine Brook and its south branch to the junction of the relocated north branch, thence through private lands to Kendall Road, and in Kendall Road to Grapevine Avenue; 182 thence in Grapevine Avenue to its junction with Waltham Street, and for the purpose of financing the construction of the same and to enable the Town to secure the benefits of the jointresolution of Congress known as the Emergency Relief Appropriation Act of 1935, there be appropriated the sum of $170,000.00, if such construction is approved by the Emergency Finance Board and the Governor of Massachusetts and the proper federal authorities have approved a grant therefor of federal money as provided_ in Ch. 366 of the Acts of 1933 as amended by Ch. 404 of the Acts of 1935 and that for the purpose of meeting part of said appropriation the treasurer with the approval of the Selectmen be and hereby is authorized to borrow the sum of $100,000.00, and to issue bonds or notes of the Town therefor, under authority of and in accordance with the provisions of said statute, said bonds or notes to be payable in not more than twenty years at such term and maximum rate of interest as may be fixed by the Emergency Finance Board. All moneys received by way of grant from the Federal Government on Account of this project shall be applied first to meet the cost of construction thereof (including preliminary expenses) , and any balance thereof shall be applied to payment of the loan herein authorized. The Selectmen are hereby authorized and directed to accept on behalf of the Town, for use in carrying out such a project a Federal Grant of money pursuant to the Emergency Relief Appropriation Act of 1935, and the Selectmen are authorized to proceed with the construct- ion of said project and enter into all necessary and proper contracts and agreements in respect thereto, all subject to applicable Federal regulations; and the Selectmen are authorized to do all other acts and r^' things necessary or convenient for obtaining said grant, for making said loan, and for constructing said project. Mr. A.E. Rowse, Chairman of Appropriation Committee, speaks in favor. Speakers Farnham, Richards, Sarano. Standing vote taken as follows: Yes Tellers No 20 Maddison 4 40 Clark 23 19 Sarano 15 79 42 Lost 9:2a P.M. Mr. L. Farnham moves for re-consideration of Article 8. By voice vote same was declared lost 8:23 P.M. Selectman Mr. Ferguson moves for indefinite postponement of Article 9. Carried Unanimous 8:25 P.M. Dr. Shannon moves Article 7 be re-considered. By voice vote same was declared lost 9:26 P.M. Moved by Selectman Mr. Ferguson the meeting be dissolved. — Carried Unanimous 9:27 P.M. A .True Record. Attest: Toe Clerk. 183 TOWN WARRANT Commonwealth of Massachusetts Middlesex, ss. To either of the Constables r,of the Town of Lexington, in said County, Greeting: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington, qualified to vote in elections and in town affairs, to meet in their respective voting places in said town, (Precinct One, AD.AMS SCHOOL; Precinct Two, Three and Four, CARY MEMORIAL HALL) on Monday, the eighteenth day of November, A.D. , 1935, at twelve o'clock, Noon, then and there to act on the following articles: ARTICLE I. To choose by ballot the following town officers : One Tax Collector to fill the unexpired term ending March, 1936; One Selectman to fill the unexpired term ending March, 1936; One Selectman to fill the unexpired term ending March, 1937. REFERENDUM PETITION Question Number I. To vote upon the following question presented to the voters at large by the Select- men, pursuant to a petition for a referendum upon a vote rejecting a measure at the Special Town Meeting held on October 21, 1935: Article 7. Voted that the Town construct a sanitary sewer and storm water drain, the drain to be constructed from Hayes Lane, through private lands along Vine Brook to Vine Brook Road, and the sewer to be constructed from Hayes Lane through private lands along Vine Brook and its south branch to the junction of the relocated north branch, thence through private lands to Kendall Road, and in Kendall Road to Grapevine Avenue; thence in Grapevine Avenue to its junction with Waltham. Street, and for the purpose of financing the construction of the same and to enable the Town to secure the benefits of the joint resolu- tion of Congress known as the Emergency Relief Appropriation Act of 1935, there be appropriated the sum of $170,000.00, if such construction is approved by the Emergency Finance Board and the Governor of Massachusetts andthe proper federal authorities have approved a grant therefor of federal money as provided in Ch. 366 of the r- Acts of 1933 as amended by Ch. 404 of the Acts of 1935 and that for the purpose of meeting part of said appropriation the treasurer with the approval of the Selectmen be and hereby is authorized to borrow the sum of $100,000.00 and to issue bonds or notes of the Town therefor, under authority of and in accordance with the provisions of said statute, said bonds or notes to be payable in not more than twenty years at -such term and maximum rate of interest as may be fixed by the Emergency Finance Board. 18 ra mat 24 All moneys received by way of grant from the Federal Government on account of this project shall be applied first to meet the cost of construction thereof ( including preliminary expenses) , and any balance thereof shallbe applied to payment of the loan herein authorized. The Selectmen are hereby authorized and directed to accept on behalf of the Town, for use in carrying out such project a Federal Grant of money pursuant to the Emergency Relief Appropriation Act of -- 1935, and the Selectmen are authorized to proceed with the construction of said project and enter into all necessary and proper contracts and agreements in respect thereto, all subject to applicable Federal regulations; and the Selectmen are authorized to do all other acts and things necessary or convenient for obtaining said grant, for making said loan, and for constructing said project. YES NO REFERENDUM PETITION Question Number II. To vote upon the following question presented to the voters at large by the Selectmen, pursuant to a petition for a referendum upon a vote rejecting a measure at the Special Town Meeting held on October 21, 1935 : Article 8. Voted that the Town erect a new High School building and that for the purpose of financing its construction and to enable the town to secure the benefits of the joint resolution of Congress known as the Emergency Relief Appropriation Act of 1935, the Town appropriate the sum of $300,000.00 and if such construction is approved by the Emergency Finance Board and the Governor of Massachusetts, and the proper Federal authorities have approved a grant therefor of federal money, as provided in Chapter 366 of the Acts of 1933 as amended by Chapter 404 of the Acts of 1935, and that for the purpose of meeting the said appropriation the treasuzrer, with the approval of the Selectmen be and he hereby is authorized to borrow the sum of $190,000.00, and to issue bonds of notes of the town therefor under authority of and in accordance with the - provisions of said statute, said bonds or notes to be payable in not more than twenty years at such term and maximum rate of interest as may be fixed by the Emergency Finance Board. All moneys received by way of grant from the Federal Government on account of this project shall be applied first to meet the cost of construction thereof (including preliminary expenses), and any balance thereof shall be applied to payment of the loan herein authorized. YES NO 185 The Selectmen are hereby authorized and directed toaccepton behalf of the Town, for use in carrying out such project a Federal Grant of money pursuant to the Emergency Relief Appropriation Act of 1935, and a Committee of seven whose - - appointment by the Moderator is hereby authorized, is authorized to proceed with the construction of said project and enter into all necessary and proper contracts and agreements in respect thereto, all subject to applicable Federal regulations; and the said Committee isauthorized to do all other acts and things necessary or convenient for obtaining said grant, for making said loan, and for constructing said project. REFERENDUM PETITION Question Number III. To vote upon the following question pres- ented to the voters at large by the Selectmen, pursuant to a petition for a referendum upon a vote rejecting a measure at the Special Town Meeting held on October 21, 1935: Article 9. Voted that the Board of Selectmen be authorized in the name of and on behalf of the- Town to take by eminent domain Plot B and adjoining parcel of land known as the John E. Mulliken property as shown on a plan of the Mulliken Estate so-called, as a site for a future school building and for other appropriate school purposes and for a park, playground or recreation center, said parcel of land being bounded and described as follows: "Beginning at a point in the northwesterly side line of Waltham Street, said point being south 550 201 west and distant 6.28 feet from an angle point in said northwesterly side line of Waltham Street, said point of beginning being in the dividing line between the properties of Mulliken and Ryder; thence running northwesterly along said dividing line about 808 feet to a point; thence running northeasterly about 573 feet to a point; thence running southeasterly about 623 feet to a stone bound; thence running_ southwesterly along a brook about 119 feet to a point; thence running southwesterly about 387 feet to a point; thence running southeasterly 235.47 feet to a point in the northwesterly side line of Waltham Street; thence running southwesterly along stid northwesterly side line ofWalthamStreet by two courses 100 feet to the point of beginning, containing about 8.4 acres." -�- And Further, Voted that the flown appropriate and transfer from the Excess and Deficiency account the sum of Five Hundred Dollars 0500.00) for the above purpose. YES NO The polls will be open at 12 :00 Noon and will remain open until 8:00 P.M. 1$6 You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said.,Town. on Monday, the second day of December, 1935,. at 8:00 P.M., at which time and place the following articles are to be acted upon and determined exclusively by the town meeting members, in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 3. To see if the Town will vote to authorize the Collector of Taxes and Town Collector to pay over to the Town Treasurer his collections daily. Article 4. To see if the Town will vote to transfer a sum of money from the Park Department appropriation to be used for labor and materials on public works and for other ex- penses in connection therewith to be expended by the Selectmen for the aid of persons employed under the Works Progress Administration within the Town. Article 5. To see if the Town will vote to authorize the Selectmen to install street lights in _ the following unaccepted streets : Outlook Drive Rockville Avenue Article 6. To see if the Town will vote to transfer a sum of money from surplus funds to the Tax Collector and Town Collector's account. Article 7. To see if the Town will vote to transfer a sum of money from surplus funds to the Elections and Registrations Account. And you are directed to serve this Warrant seven days at least before the time of said meeting as provid- ed 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 fifth day of November, A. D., 1935. CHARLES E. FERGUSON SELECTMEN WILLIAM G. POTTER OF JOHN A. LYONS LEXINGTON 187 November 12th, 1935. To the Town. Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the r— Post Office, in the vestibule of the Town Office Building and six? other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington SPECIAL ELECTION NOVEMBER 18, 1935. The following election officers bad been appointed by the Selectmen and were assigned to duty at the four precincts as follows: Precinct One Precinct Two D Charles J. Dailey Warden R Victor Harmon D Bartlett J. Harrington Inspector R Clifford W. Pierce R George E. Foster Inspector D Randall Richards R Alfred Hayward Clerk D John H. Dacey D Harold H. MacGilvray Teller R Harry G. Frost R DeTrafford Smith Teller D Edward McGrory D George F. Stygles Teller R Elizabeth Nourse R Arthur W. Hughes Teller D Jesse E. Condinhc Deputy Inspector R Wiliiiam S. Branhall* *Elected by Warden. Precinct Three Precinct Four R Fletcher Taft Warden R Howard Custance R Fred Tullar Inspector R William E. Mulliken D Charles E. Moloy, Jr. Inspector ' -0--Katherine Kiernan vu)' �,, / D Timothy Kinneen Clerk D Frank Maguire :�,A R Esther Graham seller D James J. Waldron D John J. McCormick Teller R Charles P. McEnroe R Edward B. O'Connor Teller R Carl Hauch D Henry Meade Teller D Lillian R. Kearns D John Corcoran SAM ie L A. GoR,.,,RN, R Mark L. Dodd %r* * Elected by Warden. ** Elected by Warden. The polls were declared open in each'Precinct at 12 :00 Noon and remained open in each Precinct until eight o'clock P.M. 188 trt S X - The election officers were sworn to the faith- ful performance of their duties. The ballots were counted by the election officers in each Precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, delivered to the - Town Clerk at his office. The total registration of voters was 4,806 -- Precinct. 1 Total number of voters : twelve hundred seventy-four Precinct. 2 Total number of voters : eleven hundred seventy-three Precinct 3 Total number of voters : eleven hundred ninety-nine Precinct. 4 Total number of voters : eleven hundred sixty The Town Clerk and Board of Registrars canvassed the result as follows : Precinct. 1 Ballots cast: '882 Eight hundred eighty-two Precinct. 2 Ballots cast: 822 Eight hundred twenty-two Precinct. 3 Ballots cast: 833 Eight hundred thirty-three Precinct. 4 Ballots cast: 751 Seven hundred fifty-one Total vote cast: 3288 Three thousand two hundred and thirty-eight. SELECTMAN FOR UNEXPIRED TERM MARCH, 1937 Prec.l. Prec.2. Prec.3. Prec.4. Total Archibald. R. Giroux 388 489 444 332 1653 Charles E. Nichols,Jr. 98 98 107 106 409 James E. Spellman 303 189 241 265 998 Blanks 93 46 41 48 228 "' Total 882 822 833 751 3288 SELECTMAN FOR UNEXPIRED TERM MARCH, 1936 Prec.l. Prec.2. Prec.3. Prec.4. Total Philip M. Clark 330 438 410 335 1513 James Irwin Jr. 339 63 106 99 607 Helen C. Whittemore 169 267 249 248 933 Blanks- 44 54 68 69 235 Total 882 822 833 751 3288 COLLECTOR OF TAXES FOR UNEXPIRED TERM MARCH, 1936 Prec.l. Prec.2. Prec.3. Prec.4. Total Clayton F. Beach 41 29 - - 49 47 166 Eugene T. Buckley 219 147 201 -` 190 757 John E. Gilcreast 187 252 227 127 793 David Kidd 93 3 . 5 1-- 102 James A. Moakley 77 21 2118 137 William S. Scaimlan 252 361 322 360 1295 r a Clifford W. Pierce 1 1 Blanks 13 9 7 8 r 37 Total 882 822 ,833 751 3288 Question No. 1 Prec.l. Prec.2. Prec.3. Prec.4. ''` Total Yes 277 320 278 239 1114 No 369 339 371 319 1398 Blanks 236 163 184 193 776 Total 882 822 833 751 3288 1 -- — 189 Question No. 2 Prec.1. Prec.2. Prec.3. Prec.4. Total Yes 259 269 236 273 1037 No 443 429 446 354 1672 Blanks , 180 124 151 124 579 Total 882 822 833 751 3288 Question No. 3 Prec.l. Prec.2. Prec.3. Prec.4. Total Yes 212 238 203 220 873 No 417 421 433 ' 346 1617 Blanks 253 163 197 185 798 Total 882 822' 833 751 3288 A true record. Attest: To Clerk. 190 ADJOURNED SPECIAL TOWN MEETING HELD DECEMBER 2,1935. or-4 The meeting was called to order by the moderator,Robert H Holt, at 8;12 P.M. There were 122 Town Meeting Members present. The Town Clerk, James J Carroll, read the warrant for the meeting , until further reading was waived . Unanimous 8;13 P.M. The Town Clerk read the Officers return of the warrant. Art.2 . Selectman Mr. Ferguson moved that article 2 be taken up. Mr. Rowse Chairman of the Appropriation. Committee present his report for the meeting,which was approved as presented and voted to be placed on file. Unanimous 8;14 P.M. Art.3. Selectman Mr. Ferguson moved to take up article 3 ,present- ing the following; VOTED; that the Town authorize the Collector of Taxes and Town Collector to pay over to the Town Treasurer his collections dailey. Question by Mr. Harnham if same was in order under the By-Laws of the Town, under Art.14, Sec. 1. Mr. Nichols suggests if better to have vote read instruct- ed instead, of authorise. Mr. Lamont moves vote be amended to read instructed instead authorise. Moderator rules same not in order. Mr. Farnham asks for opinion of the Town Counsel, who replies same would apply for now,but later may have to be changed in the Town By-Laws. Motion as presented carried unanimously 8;18 P.M. Art.4. Selectman Mr. Ferguson moves to take up article 4,offer- ing the following; VOTED that the sum of 41100.00 be trans- ferred from the Park Department appropriation to be used for labor and materials and other expenses for the aid of persons employed under the Works Progess Administration within the Town, the money to be expended for the construc- tion of a skating area at the Center Playground. Carried unanimously 8;20 P.M. Art. 5. Selectman Mr. Ferguson moves to take up article 5, offering the following; VOTED that the Selectmen be authorized to install street lights on the following unaccepted Streets; Outlook Drive, carried unanimously 8;21 P.M. Rockville Avenue, Carried unanimously 8;21 P.M. Art. 6. Selectman Mr. Ferguson moves to take up article 6, offering the following; VOTED that the sum of ?1,114.95 be transferred from the Excess and Deficiency Account to the account for the Tax Collector and the Town Collector for the main- tenance of the Tax Collector's and Town Collector's office for the balance of the year 1935. Carried unanimously 8; 23 P.M. VOTED; that the sum of .1e150.00 be transferred from the Excess and. Deficiency Account to the account for the Tax Collector and Town Collector for the binding of records in the office of the Tax Collector and Town Collector. Carried unanimously 8;24 P.M. Art.7 . Selectman Mr. Ferguson moves to take up article 7, offering the following; VOTEd that the sum of ;537.29 be transferred from the ETtsg)ss and Deficiency Account to the Elections and Registration Account. Carried unanimously 0;25 1-.M. Motion made ande unanimously carried meetlng,ben solved. 0, 20 A. true record; Attest; clerk 191 TOS"N OF LEXINGTON MASSACHUSETTS COPY OF ARTICLE 27, of 7ARR'NT DATED July 9, 1935. ARTICLE 27. To see if the Town will vote to amend the Lexington Zoning By-Law as follows: By inserting. after Section 3, C. 1 Districts, Paragraph 31, a new paragraph which shall read as follows: "30 (a) . Upon the easterly side of Pleasant Street beginning at a point 100 feet southerly from the intersection of the Concord Turnpike extending 150 feet along Pleasant Street and of a depth of 200 feet throurPhout." SPECIAL TOR'''N MEETING HELD July 22, 1935. ARTICLE 27. Selectman Mr. Ferguson moves to take up Article 27, Mr. Duffy, Chairman of Planning Board, offers the following: Voted that the Town amend the Lexington Zoning By-Law as follows: By inserting after Section 3, C.1 Districts, Paragraph 30, a new paragraph which shall read as follows: "30 (a. ) Upon the easterly side of Pleasant Street beginning at a point 100 feet southerly from the intersection of the Concord Turnpike extending 150 feet along Pleasant Street and of a depth of 200 feet throughout." r— A rising vote to amend the Lexington Zoning By-Law taken as follows : In Favor Tellers Negative 25 Johnson 4 44 Mayo 7 31 Locke 0 TOT— Carried l` 1 10:38 P.M. Lexington Massachusetts. September 19th, 1935. I, James J. Carroll, Town Clerk, of the Town of Lexington, Massachusetts, do hereby certify that the above is a true and exact copy of Article 27, of Warrant dated July 9th,1935, and vote of Article 27, as passed at a Special Town Meeting held July 22nd, 1935, and as same appears of record. JAMES J. CARROLL Town Clerk October 18, 1935. The foregoing amendment to zoning by-law is hereby approved. ri Paul A. Dever Attorney General 195! C.71 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 their respective voting places in said town, PRECINCT ONE, ADAMS SCHOOL: PRECINCT TWO, THREE AND FOUR, CARY MEMORIAL HALL, on MONDAY, THE SECOND DAY OF MARCH, A. D. 1936, at six o'clock A. M. then and there to act on the follow- ing articles : Article 1. To choose by ballot the following town officers : One Town Clerkfor_ the term of one year; Two Selectmen for the term of three years; One Town Treasurer for the term of one year; One Co .lector of Taxes for the term of one year; One Cenr�Ib, ery Commissioner for the term of three years; One Member of the School Committee for term of three years; Two Constables for the term of one year; One moderator for the term of one year; One Member of the Planning Board for the term of one year; One Member of the Planning Board for the term of two years; Two Members of the Planning Board for the term of three years; One Member of the Trustees of Public Trusts for a term of six years; Seventeen Town Meeting Members in each Precinct for the term of three years; One Town Meeting Member in Precinct Three for the term of one year; One Town Meeting Member in Precinct three for the term of two years; Three Town Meeting Members in Precinct Four for the term of one year; The polls will be open at 6:00 A. M. and will remain open until 8:00 P. M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the sixteenth day of March, 1936 at 8:0O ,P. M. , at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members, irVaccordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 3. To choose such Town Officers as are required by law and are usually chosen by nomination. Article 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from timeto time in anticipationof the revenue of the financial year beginning January 1, 1937, and to issue a note or notes there- for, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Article 5. To see if the Town will vote to appropriate money for the installation and maintenance of traffic signals at Meriam Street and Massachusetts Avenue. Article 6. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1936, in accordance with the provisions of Section 17, Chapter. 44, General Laws : any debt so incurred to be paid from the revenue of the year 1936. 193 Article 7. To see if the Town will make the usual appropriations for Town expenses for the ensuing year, or act in any manner relating thereto. Article 8. To see if the Town will make an appropriation for the suppression of Gypsy and Brown Tail moths, and other pests, in accordance with Chapter 132, General Laws, or act in any manner relating thereto. Article 9. To see if the Town will vote to appropriate a sum of money for the Reserve Fund as provided by Chapter 40, Section 6, General Laws, or take any action ,relating thereto. Article 10. To see if the Town will vote to appropriate funds for the payment of pensions to retired members of the Police and Fire Departments, under Chapter 32, General Laws, or act in any manner relating thereto. Article 11. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1936. Article 12. To see if the Town will vote to appropriate money for the support of a Posture Clinic, to be expended under the direction of the Board of Health or by a Committee appointed by said Board. Article 13. To see if the Town will vote to appropriate a sum sufficient to pay the County of Middlesex, as required by law, the Town's share of the net cost of the care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, as assessed in accordance with the provisions of Chapter 111 of the General Laws, and Acts in amendment thereof and in addition thereto, or take any action relating thereto. Article 14. To see if the Town will vote to transfer the sum of $1386.41 received from the Middlesex County for dog fees to the Cary Memorial Library Account. Article 15. To see if the Town will vote to establish a clinic for 4iE') the free immunization of dogs against rabies, and appropriate --• money for said clinic. Article 160 To see if the Town will vote to keep the street lights on all night. Article 17. To see if the Town will vote to amend the Lexington Zoning By-Law by substituting for Section 10, a new Section 10 reading as follows : Section 10. Existing Uses and Buildings . Any use or building or part of a building which, at the time of the adoption of the original Lexington Zoning By-Law was and still is. being put to a non-conforming use, may continue to be usedfor the same purpose, and may be repaired or structurally altered; but no such building, if destroyed to the extent of 90 per cent of its insurable value, shall be rebuilt, nor shall such building be extended or enlarged, nor shall it be used for a different purpose except subject to the provisions of Section 9. Article 18. To see if the Town will vote to amend the Lexington Zoning By-Law by adding to Section 4, R. 1 Districts, Paragraph 6, the following paragraph: "`Excavation and removal from the premises of any sod, loam, sand, gravel, clay or quarried or crushed stone, except that the provisions of section 9 do not apply when such L- excavation and removal are incidental to and in connection with the construction of a building for which a permit has been issued in accordance with the building by-law and this by-law, and when such excavation or removal are permitted under paragraph numbered "4". in the paragraphs headed 'In R. 1 Districts ' ." Article 19. To see if the Town will vote, upon petition of Sarah A. Cutler, to amend the Lexington Zoning By-Law and Map by changing from an R. 1 District to a C. 1 District the parcel of land des- cribed as follows : 194 0.1 On the easterly side of Pleasant Street beginning at a point about 100 feet from the northerly line of the Cambridge Turnpike extending northerly one hundred and fifty (150) feet along Pleasant Street and of a depth of one hundred (100) feet, the southerly side of the said parcel being Clematis Brook. Article 20. To see it the Town will vote, upon petition of Ernest DeVincent, to amend the Lexington Zoning By-Law and Map by changing from an R. 1 District to a C. 1 District the parcel of land des- cribed as follows : Beginning at the junction or the Northwest corner of Pleasant Street and the boundary line of the State Highway known as theConcord-Cambridge Highway and running:- Northeasterly along said Pleasant Street 105 feet to Clematis Brook, thence turning and running: Northwesterly 160 feet along said brook; thence turning and running: Westerly on a line parallel to the boundary line of said State Highway 525 feet more or less to land now or formerly of Moody Land Company; thence turning and running: Southwesterly by land of said Moody Land Company 170 feet to the boundary line of said State Highway; thence turning and running: Easterly along the boundary line of said highway 700 feet more or less to the point of beginning. Article 21. To see if the Town. will vote to appropriate money for the payment of tuition of pupils attending Vocational School or act in any manner relating thereto. Article 22. To see if the Town will vote to appropriate money for the maintenance of classes for instruction in Americanization or act in any manner relating thereto. Article 23. To see if the Town will vote to appropriate money to pay the necessary expenses of tine Superintendent of Schools incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the School Department. Article 24. To see if the Town Will vote to appropriate money for the unpaid bills for the year 1935 in the following account: Law Department, $95.25. Article 25. To see if the Town will vote to raise and appropriate a sum of money for the improvement of Lincoln Street; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; or take any other action in relation thereto. - Article 26. To see if the Town will vote to raise and appropriate a sum of money for the improvement of Watertown Street; said money to be used in conjunction with ally money which may be allotted by the State or County, or both, for this purpose; or take any other action in relation thereto. Article 27. To see if the Town ;rill authorize the Selectmen to install street lights in the following unaccepted streets : Summit Road; Cary Street; Kendall Road; Hamilton Road; Ledgelawn Avenue. Article 28. To see if the Town will vote to install water mains in the following unaccepted streets, subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor: Blake Road, from the present end, to Preston Road; Preston Road from Blake Road to Simonds Road. and provide funds for said installation by direct appropriation or by transfer from other funds. Article 29. To see if the Town will vote to instruct the Tax Collector and Town Collector to turn over to the Treasurer his collections daily. 195 Article 30. To see if the Town will vote to amend the General By-Laws of the Town of Lexington so as to provide that the Tax Collector and Town Collector shall turn over to the Town Treasurer his collections daily. Article 31. To see if the Town will vote to instruct the Town Clerk to turn over to the Town Treasurer any or all fees received by him as Town Clerk. Article 32. To see if the Town will vote to amend the General By-Laws of the Town of Lexington so as to provide that the Town Clerk shall turn over to the Town Treasurer any or all fees received by him as Town Clerk. Article 33. To see if the Town will vote to appropriate a sum of money to defray the expense incurred by the Town Counsel in the case of Ryder v. Town of Lexington, which pertains to Vine Brook Drainage. Article 34. To see if the Town will vote to appropriate a sum of money to satisfy the judgement entered against the Town in the case of Anthony Ross & Son v. Town of Lexington. Article 35. To see if the Town will vote to transfer unexpended balances in any of the accounts to the Excess and Deficiency Account or to any of the other Town Surplus Accounts. Article 36. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Tower Road, from Massachusetts Avenue a distance of approximately 455 feet southerly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easements therefor, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 37. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Richard Road, from Tower Road to near Plymouth Road, a distance of approximately 275 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easements therefor, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 38. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Plymouth Road, from Richard Road to Robbins Road, a distance of approximately 585 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easements therefor, and appropriate money for the construction of said street, or act in any manner relating thereto. Article 39. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Hibbert Street, from ' Massachusetts Avenue southwesterly, a distance of approximately 230 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 February 15, 1936, and to take by eminent domain the necessary easements therefor, and appropriate money for the construction r— of said street, or act in any manner relating thereto. Article 40: To see if the Town will vote to purchase or take by eminent domain for highway purposes a parcel of land approximately 23,286 square feet in area, now owned by the Boston & Maine rail- road, and used as an entrance to and exit from the Lexington Railroad station, and provide funds therefor by direct appropriation. Article 41. To see if the Town will vote to take for highway purposes the following described parcel of land, being the northerly side of Depot Park, approximately 9,000 square feet in area, and appropriate the sum of $2,000. for excavating and resurfacing the same to be used for a public parking space. 196 01 Article 42. To see if the Town will vote to appropriate money for a power sprayer for the use of the Moth and Shade Tree Division. Article 43. To see if the Town will vote to appropriate money for a highway grader for the use of the Highway Division. Article 44. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets as may be appliedfor during the year 1936 in accordance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, or otherwise and to take by eminent domain the necessary easement therefor, and to appropriate money for said installation of mains by direct appropriation or by transfer from other funds. Article 45. To see if the Town will vote to install water mains in such accepted or unaccepted streets as may be applied for during the year 1936 in accordance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor, and appropriate money for said installation of mains by direct appropriation or by transfer from other funds. Article 46. To see if the Town will vote to authorize the Selectmen to construct granolithic sidewalks where the abutting owner pays one-half the cost, and •provide funds for said construction by direct appropriation. Article 47. To see if the Town will vote to appropriate money for the installation of granite curbing on the westerly side of Bedford Street from Elm Avenue to a point approximately two hundred (200) feet north of Newcomb & Dailey's garage. Article 48. To see if the Town will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws . Article 49. To see if the Town will vote to designate by name the street extending from Hancock Street to Bedford Street commonly known as North Hancock Street. Article 50. To see if the Town will vote to appropriate money for Pleasant Street and Watertown Street land damages resulting from the relocation or reconstruction of said streets . Article 51. To see if the Town will vote to appropriate money for the installation and maintenance of warning signals at Fletcher Avenue at the Boston and Maine railroad. crossing. Article 52 . To see if the Town will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax titles. Article 53. To see if the Town will vote to appropriate funds for labor and materials on public works and for otheT, expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects . Article 54. To see if the Town will vote to establish the compensation of the Collector; and Town Collector, Town Clerk, and Town Treasurer. /of Taxes Article 55. To see if the Town will vote to appropriate money for the installation of underground cable and for the separation of tapper and box circuits for the Fire Department. -- . Article 56. To see if the Town will vote to appropriate money for the installation of a water main not less than 6" and not more than 16" in diameter in Bloomfield Street from Massachusetts Avenue to Highland Avenue. Article 57 . To see if the Town will vote to appropriate money for the installation of surface drainage in Bloomfield Street from Massachusetts Avenue to Highland Avenue. 197 Article 58. To see if the Town will vote to appropriate a sum of money for the repair of the dwelling at Westview Cemetery, or take any action in relation thereto. Article 59. To see if the Town will vote to appropriate a sum of money for new development at Westview Cemetery by direct appropria- tion or by transfer from other funds, or take any other action in relation thereto. Article 60. To see if the Town will vote to appropriate a sum of money for the installation of fire alarm boxes. 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 theron, to the Town Clerk, on or before the time of said meeting. Given under our hands, at Lexington, this eighteenth day of February, A. D. , 1936. Charles E. Ferguson Philip M. Clark ' SELECTMEN John A. Lyons OF Archibald R. Giroux LEKINGTON. Feb. 24, 1936. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest : Patrick J. Maguire Constable of Lexington. 194 ANNUAL TOWN ELECTION. MARCH 2, 1936 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the fifth in the year of our Lord nineteen hundred thirty-sixat six o'clock in the forenoon. The following places were designated as the voting places for the various precincts : Precinct One, Adams School; Precinct —� Two, Three and Four, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows : Precinct One Precinct Two Charles J. Dailey Warden Victor H. Harmon George E. Foster Clerk John H. Dacey Annie H. McDonnell Inspector Ruth R. Ray Mary Stankard Inspector George V. Morse Harold MacGilvray Teller Harry G. Frost Mabelle S. Peavy Teller Edward McGrory Mary A. Rowland Teller Elizabeth Nourse Donald Cameron Teller Madeline Corbett Arthur W. Hughes Teller Lucius Austin Frank A. Cook, Jr. Teller William S. Bramhall DeTrafford Smith Teller John Cassidy George F. Stygles Teller Jesse Condinho Precinct Three Precinct Four -- Fletcher Taft Warden Howard E. Custance Fred Tullar Inspector Clarence E. Briggs John McKearney Inspector Daniel A. Gorman, Jr. Florence E. Greisheimer Clerk Frank Maguire Esther Graham Teller James J. Waldron John J. McCormick Teller Charles J. McEnroe Edward B. O'Connor Teller Carl Hauck Henry Meade Teller Margaret A. Merrick John Corcoran Teller Robert Cady Maurice E. Woodward Teller Agnes Hall Samuel W. Wellington Teller Madeline Peterson Emma Hovey Teller Lillian R. Kearns The polls were declared open in each precinct at six o 'clock A.M. and remained open until eight o'clock P.M., after which time after due notice, they were closed. The election officers weresworn to the faithful performance of their duties. The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as follows : ._.- Precinct 1. Total number of voters : 1356 Thirteen hundred fifty-six Precinct 2. Total number of voters : 1195 Eleven hundred ninety-five Precinct 3. Total number of voters : 1231 Twelve hundred thirty-one Precinct 4. Total number of voters : 1116 Eleven hundred sixteen Total: 4898 Forty-eight hundred ninety- eight 1.99 The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. The Registrars of Voters and the Town Clerk canvassed the result as follows : Precinct One Ballots Cast 887 Eight hundred and eighty-seven Precinct Two Ballots Cast 786 Seven hundred and eighty-six Precinct Three Ballots Cast 855 Eight hundred and fifty-five ® Precinct Four Ballots Cast 830 Eight hundred and thirty L Total 3358 Three thousand three hundred and fifty-eight Town Clerk Prec.1 Prec.2 Prec.3 Prec.4 Total James J. Carroll 684 668 715 649 2716 Blanks 203 118 140 181 642 Total 887 786 855 830 3358 James J. Carroll was elected as Town Clerk for one year. Selectmen Philip M. Clark 388 475 469 317 1649 John A. Lyons 294 285 262 170 1011 Charles E. Nichols Jr. 77 74 139 124 , 414 Albert A. Ross 338 283 300 365 1286 James E. Spellman 273 134 211 250 868 Helen C. Whittemore 137 158 157 179 631 Blanks 267 163 172 255 857 Total 1774 1572 1710 1660 6716 L. Philip M. Clark and Albert• A. Ross were elected as Selectmen for a term of three years . Town Treasurer Prec.1 Prec.2 Prec.3 Prec.4 Total James J. Carroll 708 695 742: 687 2832 - Blanks 832 +Blanks 179 91 113 143 5§"6 Total 887 786 855 830 3358 James J. Carroll was elected as Town Treasurer for one year. Collector of Taxes William S. Scamman 657 672 723 697 2749 Blanks 230 114 132 133 609 Total 887 786 855 830 3358 William S. Scamman was elected as Collector of Taxes for one year. Cemetery Commissioner George H. Gibson 578 631 638 572 2419 L _ Blanks 309 155 217 258 939 Total 887 786 855 830 3358 George H. Gibson was elected as Cemetery Commissioner for three years . 2O0 0-11 x School Committee Term for 3 years Prec.l Prec.2 Prec.3 Prec.4 Total Kenneth H. Dunham 266 254 333 310 1163 * Annie F. Putney 439 412 372 340 1563 Blanks 182 120 150 180 632: Totals 887 786 855 830 3358 * Elected. CONSTABLES Term for one year. • Patrick J. Maguire 611 645 687 633 2576 ---, • John C. Russell 641 618 649 571 2479 Blanks 522 309 374 - 456 1661 `...1 Totals 1774 1572 1710 1660 6716 Elected. MODERATOR Robert H. Holt 590 624 631 563 2408 Blanks • 297 -162 224 267 950 Totals 887 786 855 830 3358 Robert H. Holt was elected Moderator for one year. PLANNING BOARD Donald E. Nickerson 547 569 585 549 2250 Roger Greeley 1 0 0 0 1 Blanks 339 217 270 281 1107 Totals 887 786 855 830 3358 Donald E. Nickerson was elected to the Planning Board for one year. PLANNING BOARD Clements H. Ferguson 531 597 595 - - 537 2260 Blanks 356 189 260 293 1098 ' - Totals 887 786 855 830 335.8. -- 1 Clements H. Ferguson was elected to the Planning Board for two years. PLANNING BOARD Neil H. Borden ' 504 509 501 467 1981 Edward W. Kimball 526 580 581 516 2203 Blanks - -744 483 628 - - 677 2532 Totals 1774 1572 1710 1660 6716 Neil H. Borden and Edward W. Kimball were elected to the Planning Board for three years. TRUSTEE OF PUBLIC TRUSTS John F. Turner - .537 -591 611 534 2273 Blanks 350 195 244 296 1085 Totals 887 786 855 830 3358; John F. Turner was elected Trustee of Public Trusts for six years. • I. 201 TOWN MEETING MEMBERS (Term three years) Precinct One Precinct Two . William M. Acju.aro 235 *Walter C. Ballard 529 Francis J. Belcastro 162 *John H. Devine 509 Henry F. Brander 190 *Arthur C. Dodge 502 *Edward F. But trick 435 *William F. Downe 482 r— *Lyon. Carter 297 *Robert H. Eldridge 484 *Francis Chamberlain 396 *Clements H. Ferguson 515 Horace G. Dearborn 314 Roger Greeley 524 Stephen J. Dolan 214 *Harold B. Lamont 485 -Kenneth H. -Dunham 320 *Harold F. Lombard 479 Richard L. Gordon 244 *Ashley W. Partridge 523 David Govenar 126 -Robert T. Person 475 *Bartlett J. Harrington 351 *Clifford Wellington Pierce 493 Charles F. Healey 217 *Elwyn G. Preston 495 *Lewis L. Hoyt 299 *Randall W. Richards 504 John T. Kenealy 154 *Clyde E. Steeves 522 Elmer F. Kenney 139 *Edwin B. Worthen 558 *David Kidd 316 *Louis E. Yeager 492 Joseph Peter Mason 129 Blanks , 4791 Dorothy B. Maxner 194 *Charles B. Meek 319 *Harold B. Needham 400 Frank J. Pespisa 175 Arthur C. Readel 225 *James G. Robertson 333 Curlys L. Slocum 210 Curlys L. Slocum, Jr. 215 *Joseph Trani 251 *Harold L. Tyler 342 _{ George W. Wilkinson 178 Roger F. Williams 191 *John A. Wilson 346 *Walter H. Wilson 357 *1W. Stanley Wilson 332 *Patrick Shanahan 376 ` Blanks 6097 *Town Meeting Members elected for the term of three years. Precinct Three Precinct Four *Nathan B. Bidwell 430 *Lester L. Andrews 486 *Louis W. Bills 365 *Robert C. Boleyn 355 *Charles Mowry Blake 366 *Walter C. Boone 435 *Lulu M. Blake 339 *Winthrop Harold Bowker 399 Raymond A. Bond 336 *Effie E. Briggs 447 Harold G. Bowen .218 *Frederick S. Britton 434 *Laurence Haskell Burnham373 *Francis E. Burke 470 *William Ira Burnham 373 *Theodore A. Custai. ce 482 *Frank P. Cutter 346 *W. Warren Custance 448 A. Irving Dodge 318 *Robert J. Fawcett 446 *Everett S. Emery 391 *Frederic L. Fischer 427 *Roy Alexander Ferguson 355 *Frank P. Herrick 417 *C. Edward Glynn 378 *Converse Hill 451 r— Clarence R. Hopkins 225 *Willard C. Hill 436 Hiram W. Jackson 236 -,-Frederick B. James 418 Francis Kelley 252 Evelyn S. Trask 315 *Errol H. Locke 347 *William H. Ballard 451 Charles A. McCormack 211 *William E. Mulliken 439 *Robert Clinton Merriam 388 Blanks 6353 George P. Morey 216 `Ernest 0. Nichols 403 Andrew J. Pewtherer - 160 Allen W. Rucker 270 *George E. Smith 389 *Town Meeting Members elected *Robert M. Stone 367 for the term of three years . *Edward Willis Taylor 340 D. Craig Wark 96 Helen L. Warrington 194 Edmund A. Webb 231 *Robert Whitney 334 Blanks 5298 202 PRECINCT 3 TOWN MEETING MEMBER (Term One Year) Merle B. Judkins 494 Blanks 361 Total 855 Merle B. Judkins elected for 1 year. TOWN MEETING-MEMBERS - (Term Two Years) , Walter E. Sands - 500 ' Blanks - 355 855 Walter E. Sands elected for term ending 1938. PRECINCT4 TOWN MEETING MEMBERS (Term One Year) Elmer -C. Houdlette ' 433 *Leonard Je.11.is - 439 - *Gordon B. S'eavey- - ' 427 Helen-L. Warrington 2 Blanks 7523 *Town Meeting Members elected for term of one year. ` A. true record. Attest:- . .0i,r,,f1),‘Ayee - .*n Cle -- SPECIAL MEETING OF TOWN MEETING MEMBERS OF PRECINCT 3 __. Special. meeting held March".l6_; 1936 by Town. Meeting Members of Precinct Thre.e, Estabrook Hall. Meeting called, t.o order_ by Town Clerk, James J. Carroll at 7:45 P.M. with thirty-twa. members present. The Town Clerk explained on account of death of Hallie-C. Blake a vacancy was made. for Town. Meeting Member, for a, term expiring 1938. - _ It-was Unaninbu-S that nominations for Chairman and Clerk for the meeting. be made, the floor. ` - ' It aas unanimous that James. J. Carroll serve as Chairman and George R. Fuller as Clerk. . r Nominations to fill the vacancy were made from the floor as _._. follows: , - - Charles 'A. McCormack Allen W. Rucker Richard S. McCabe The three above nominati.ons__ were seconded. 203 R-- n*aa— .v awo ae,F. .a,a..aA..,..axq m..av Ra.xaa-.—. ^c ** v+i.••^•»w Po rw.row. x,anea-=. .w. . 't- '—a' w: a-.. I', Ballots were distributed and collected, the -ballots cast being counted as follows : Allen W. Rucker -. 15 Charles .A: McCorinack 11- Richard. 1Richard. S. McCabe �S Total 32 Allen W. Rucker was declared elected A True Record, Attest:: ///TOwfl/ erk Lexington, Mass. March 16, 1936. To the Town Clerk: Being`duly .nomina.t.e.d_ .and---elected., I hereby accept-said election. as `a_-TO.wn. Meeting. Member of Precinct 3, such term expiring March 1938. Allen W. Rucker { FIRST ADJOURNED TOWN MEETING OF THF ANNUAL. TOWN MEET1-NG HELD MARCH 16, 1936 The Meeting was called to order by the Moderator, Robert H. Holt at 8:07 P.M. There were .188 Town Meeting _Members present. Town Clerk, James J. Carroll read the Town Warrant until by a unanimous vote further reading was waived. J The Town Clerk read the Constables return of the Warrant. Selectman. Ciharle.s Ferguson moved to take up Article 2. Art. 2. Voted; That a- committee of three,- of which the Modera- tor-s.hall-_'tie meMbe.r,:be-appointed to have charge of- the Cary Lectures for the coming season. Unanimous 8:09 P.M. Under Article 2 Mr. Rowse, Chairman of Appropriation • Committee presented the Appropriation Committee report for the year 1936. -It was taoved and seconded that the report be accepted and placed on file. Unanimous 8:10 P.M. Selectman Charles Rergus.on. moved to take up Article 3. Art. 3. Voted:- That John C.. Russell.. and-Edward C. Maguire be elected. as _Field Drivers. Unanimous 8:10 P.M. Selectman Mr. Ferguson moved to take up Article 4. Art. 4. . Voted: That the Town Treasurer, with the approval Of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the 204 revenue of the financial._yea.r_heginning January 1, 1937, and to issue a note or notes therefor, pay- able within one year and to renew any note or note's as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Question by Dr. Shannon what year the loans would cover. Motion as presented. Unanimous 8:11 P.M. Selectman Mr..- Ferguson moved to take up Article 5, moving that Article .5 be indefinitely postponed. Unanimous 8:12 P.M. Selectman. Mr. Ferguson moved to take up Article 6. Art. 6. - Voted:. That-the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in antici- pation of the revenue of the year 1936, in accord- ance with the provisions of Section 17, Chapter 44, General Laws; any debt soincurred to be paid from the revenue of the year 1936. Unanimous 8:13 P.M. Selectman Mr. Ferguson moved to take up Article 7. Art. 7. Voted: That the following amounts be appropriated and assessedfor the current year: The moderator stated if no obj_ection.s, he would continue from one item to the other, also all items were open for questions. The following were voted upon: For the expenses of the Appropriation Committee 600.00 - 1 Carried Unanimous. 8:19 P.M. For salaries and expenses of the Selectmen's Dept. 5029.77 ( Of which $1,000.00 is for expenses of Selectmen for 1936) Mr. Rowse, Chairman of Appropriation Committee offered the following amendment that vote read: Of which 11,000.00 is for expenses of Selectmen and $1,517.67 for salary of Clerk. Athendmen-t Carried Unanimous 8:23 P.M. The following vote was presented: For salaries and expenses of the Selectmen's Dept. (Of which $1,000.00 is for expenses of Selectmen for 1936 and $1,517.67 for salary of Clerk. ) 4;850.17 Carried Unanimous 8:24 P.M. For the salary and expenses of the Town Accountant 3,767.50 (of which$2775.00 is for salary)Carried Unanimous 8:25 P.P . For the salary and expenses of the Town Treasurer, 1,788.00 (of which $950.00 is for salary) .M. For the salary and expenses rofdtheanimous Collector25 of'Taxes 6,875.00 (of which $2,775.00 is for salary) -.. Carried Unanimous 8:25 P.M. For the salary and expenses of the Board of Assessors 5,968.25 (of. which $1,000.00 is for salary of the Assessors ) Carried Unanimous 8:2;6 P.M. For other Finance Offices and Accounts 200.00 _ Carried_Unanimous 8:26 P.M. 205 For legal services and expense 2,500.00 (of which $925.00 is for salary of Town Counsel) Carried Unanimous 8:26 P.M. For the salary and expenses of the Town Clerk 2,213.80 (of which $1,775.00 is for salary of Town Clerk) Carried Unanimous 8:26 PM. For Elections, and Registrations 2,299.00 Carried Unanimous 8:27 P.M. 7- For the salary and expenses of the Supt. of Public Works 4,634.00 (of which #3,300.00 is for salary) Amendment presented by Mr. Rowe, Chairman of Appropriation Committee, vote to read (of which $4,292.00 is for salary of Supt. of Public Works and Clerk.) Amendment Carried Unanimous 8:28 P.M. For the Salary and Expense of the Supt. of Public Works 4,532.00 (of which $4,292.00 is for salary of Supt. of Public Works and Clerk) Carried Unanimous 8:29 P.M. For the expenses of the Town Office Bldg. and Cary • Memorial Building 10,150.48 Amendment presented by Mr. RowselChairman of Appropriation Committee vote to read (of which $3,020.48 is for salary of janitors .) Amendment Carried Unanimous 8:35 P.M. For the Expense of the Town Office Building and Cary Memorial Building 9,100.48 7- (of which $3,020.48 is for salary of Janitors) Carried Unanimous 8:36 P.M. For the salaries and expenses of the Engineering Dept.10,298.43 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee, vote to read (of which $9,320.21 is for salaries.) Amendment Carried Unanimous 8:43 P.M. For Salaries and Expenses of the Engineering Department (of which $9,320.21 is for salaries) 10,140.21 Carried Unanimous 8:44 P .M. For the. Expense of the. Planning Board 225.00 Carried Unanimous 8:44 P.M. For the Expense of the Board of Appeals 200.00 Carried Unanimous 8:44 P.M. For the salaries and expenses of the Police Dept. 39,056.01 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee, vote, to read (of which $32,72131 is for salaries, $650.00 for trade-in auto and niotorcycle4) Amendment Carried Unanimous 8:49 P.M. For the Salaries and Expense of the Police Department ( of which $32,721.31 is for salaries, and $650.00 for trade-in Auto and Motorcycle) 37,801.31 Carried Unanimous 8:50 P.M. For the Salaries and Expenses of the Fire Department 38,594.53 Carried Unanimous 8 :51 P.M. Mr-. aowse, Chairman of Appropriation Committee offers the follow- ing amendment: For salaries and expenses of the Fire Dept.$38,244.53 Amendment Carried Unanimous 8:51 P .M. For the salaries and expenses of the Fire Dept. 38,244.53 Carried Unanimous 8:51 P.M. 206 For the salary and expenses of the Building Inspector 1,205.00 (of which $1,045.00 is for salary) Carried Unanimous 8:51 P.M. For the Salary and Expense of the Wire Inspector 620.00 (of which $600.00 is for salary) Carried Unanimous 8:51 P.M. For the Salary and Expenses of the Sealer of Weights 575.00 - and Measures - (of which $500.00 is for salary) Amendment presented -by Mr. Rowse,-Chairman of Appropriation Committee, vote to read (of which $400.00 is for salary) -- Amendment Carried Unanimous 8:52 P.M. For the Salary .and Expense of the Sealer of Weights and 475.00 Measures - (of. which $400.00 is for salary) Carried Unanimous 8:52 P.M. For the protection of Public Shade Trees and for the planting. of Shade Trees. 2,772.00 Carried Unanimous 8:53 P.M. For the Expense of Forest Fires 1,000.00 Carried. Unanimous 8:53 P.M. For the Salary and Expense of the Dog Officer 150.00 (of which. $100.00 is for salary) Carried Unanimous 8:53 P.M. For the Maintenance of Public Health. and Sanitation. 6,100.00 Amendment presented byMr. Rowse Chairman of Appropriation Committee, vote to read (maintainance $6,000.00) Amendment Carried Unanimous 8:54 P.M. For the Maintenance of Public Health and Sanitation. 6,000.00 Carried Unanimous 8:55 P.M. For the Expense of the Dental Clinic. 1,850.00 Carried Unanimous 8:55 P.M. For. Vital Statistics. 50.00 Carried Unanimous 8:56 P.M. For the Salary of the Inspector of Animals. 500.00 Carried Unanimous 8:56 P.M. For the Salary of the Inspector of Slaughtering. 600.00 Carried Unanimous 8:56 P.M. For the Salary and Expenses of the Plumbing Inspector, 850.00 (of Which $800.00 is for salary) General discuss.ionregardingsalary of Plumbing In- , spector:7Amendment for reduction of salary lost 85 to 81 9:02 P.M. Original Motion as presented carried unanimous 9:03 P.M. For- the 'Expenses of the Sewer Maintenance Dept. 4,200.00 - Amendme.nt, presented by Mr. Rowse, Chairman. of Appropriation_ Committee:; vote_ to read(of which $1,.02.0.00 is for salaries of Superintendent and Clerk.) Amendment Carried Unanimous 9:04 P.M. For the Expenses of the Sewer Maintenance Department 4,110.00 (of which $1,020.00 is for salaries of Superintendent and Clerk. Carried Unanimous 9:05 P.M. For Removal of Ashes and Care of Dumps. 1,920.00 Carried Unanimous 9:06 P.M. or he Expense of Collecting Garbage. 3,600.00 Yes. Tellers No Carried Unanimous 9:06 P.M. 230' Pierce 2 i9 aur� a dd 12 Sarano- 24 81 - 85 Declared lost 9 :02 P.M. 207 For the Maintenance and Care of Highways 40,000.00 Amendthent- preSented by Mr. Rowse, Chairman of Appropriation Committee to read 4of which $5,360.00 is for salaries of Superintendents and Clerk.) Amendment Carried Unanimous 9:14 P.M. For the Maintenance and Care of Highways 40,000.00 (of which 5,360.00 is for salaries of Superintendents and Clerk - Carried_ Unanimous 9:15 P.M. L _ For Expense of Removal. of- SnoW- and Ice. 18,000.00 Carried Unanimous 9:15 P.M. For the Expense and Operation of the Public Wks. Bldg. 9,025.00 - Amendment presented by Mr. RowSe, Chairman of ApprOrpriation Committee vote to read(of-whiCh. 6,400.00 is for labor.) Amendment Carried. Unanimous 9:16 P.M. For the 'EkpenaR and Operation, of the Public Works Bldg. 8,425.00 (of which $61400 is for labor) Carried Unanimous 9:16. P.M. For the Expenses of Traffic Regulation and Control 1,587.50 Amendment presented by Mr. Rowse, Chairman of Appropriation Committee Vote - to read (for expenses of Traffic Regulation and Control $1,417.50. ) Amendment Carried Unanimous 9:17 P.M. For Expenses of Traffic Regulation and Control. 1,417.50 Carried Unanimous 9:17. P.M. For the Expenses.. .of- Street LightS . 22,500.00 Carried Unanimous 9:18 P.M. L For the Construction and. Reps,tr of Street Signs. 200.00 Carried Unanimous 9:18. P.M. For the Expense of the Public Welfare Department. 50,000.00 Carried Unanimous 9:18 P.M. For Old Age Assistance in aecordande with the General Laws, Chapter 118A and Chapter 402, inserted by Acts of 1930. 10,500.00 For State Aid. 300.00 Carried Unanimous 9:19 P.M. For Military Aid. - 250.00 Carried Unanimous 9:19 P.M. For Soldiers ' Burials. 100.00 Carried Unanimous 9:19 P.M. For Soldiers ' Relief. - 3,500.06- Carried Unanimous 9:19 P.M. For the Salary_ of the Town Physician. 750.00 Carried Unanimous 9:19 P .M. For the Support of Public Schools. 219,920.53 Carried Unanimous 9:19 P.M. For the Support of the Libraries. 12,632.59 Carried Unanimous 9:20 P.M. For the Maintenance of Public Parks and Playgrounds 14,300.00 Carried Unanimous 9:20 P.M. 208 0-1 For the proper observance of Memorial Day, to be ex- pended under the direction of the Sons of Union Veterans of the Civil War. 250.00 Carried Unanimous 9:20 P.M. For the expenses of the April 19th celebration. 500.00 _ Carried Unanimous 9:20. P .M. For Insurance. 3,902.24 Carried Unanimous 9:20 P.M. For the Administration of Trust Funds. 70.00 Carried Unanimous 9:21 P.M. For the Expense of _printing and publishing the Town. Report. 1,126.73 _ _ Carried Unanimous 9:21 P.M. For Unclassified Expenses. 500.00 Carried Unanimous 9:21 P.M. For the. Water .Maintenance Aedount, and that the amount orredelptsrin excess Of this appropriation and the apPrepriatian. for Water Maintenance: Replacements be reserved. to be approPriated for Water Dept. purposes . 63,194..17 Carried Unanimous 9:21 P.M. For Water Maintenance Replacements. 1,500.00 Carried Unanimous 9:22 P.M. For the Maintenance of Munroe Cemetery. 1,600.00 Carried Unanimous 9:22 P.M. For the Maintenance of Westview Cemetery, 1,600.00 Amendment. Presented by Mr. Rowse, Chairman of Appropriation Committee. vete to read.tfor the Maintenance of Westview Cemetery $2,500.00 to be transferred from account of sale- of-lots funds). Amendment Carried. Unanimous 9:46 P.M. For the Maintenance of Westview Cemetery to be 3,500.00 transferred from account of Sale-of-lots Funds, Carried Unanimous 9:47 P.M. For Payment of Interest in Public Debt. 19,000.00 Carried Unanimous 9:22 P.M. For Payment of the Bonded Indebtedness maturing in 1936, the sum of 107,740.12 Carried Unanimous 9:23 P.M. For Hydrant Rentals 7,950.00 General discussion from several speakers regarding the passing- of-being in favor of the motion. By voice vote motion was declared, lost unanimous .9:45 P.M. Art. 9. Voted: That the sum of $3,500.00 be appropriated for the Reserve Fund as provided by Chapter 40, Section 6, General Laws. Carried Unanimous 9:50 P.M. Art. 8. Voted: That the sum of $1,855.00 be appropriated and Attested for the Suppression of Gypsy and Brown Tail Moths, and other pests, in accordance with Chapter 132, General Laws, and amendments . Carried Unanimous 9:50 P.M. 2 _ . . _ 09 Art. 10. Voted: That the following sums be appropriated and assessed for pension 6 for retired members of the 'Police and Fire Departments, under Chapter 32 of the General Laws and amendments : Police Pensions $1,098.00 Fire Pensions 1,110.85 Carried Unanimous 9:51 P.M. Art. 11. Voted: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1936. Carried Unanimous 9:52 P.M. 7.- 1 . , Art 12. Voted: That there be appropriated and assessed for the support-of the Posture Clinict . to be expended under the direction of the Board. Of Health, or by a Committee appointed by said Board, $700.00. Carried Unanimous 9:53 P.M. Art. 13. Voted: That the sum of $3,498.830 this being the town's share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, including interest on temporary hOtes issued therefor, be and the said sum is hereby appropriated. Carried Unanimous 9:53 P.M. Art. 14. Voted:: That the sum of $1,386.411 being the sum received from the Middlesex County for dog fees, be transferred to the Cary Memorial Library Account. Carried Unanimous 9:54 P.M. Art. 15. Voted: - That. the. Board of Selectmen be authorized to e. tablish a, clinic for the free immunization of dogs against rabies, and, that the sum 01'1350.00 be appropriated and assessed for said clinic. Carried Unanimous 9.54 P.M. Art. 16. Voted: That this article be indefinitely postponed. 7 L Postponed Carried Unanimous 9:55 P.M. Art. 17 Selectman Mr. Ferguson moved to take up article 17 . Mr. Borded offered the following motion:: Voted: To amend the Lexington Zoning By-Law by substituting for Section 10, a new Section 10 reading as follows : Section 10. Existing Uses and Buildings . Any use or build- ing or part of a building which, at the time of the adop- tion of the original Lexington Zoning By-Law was and still is being put to a non-conforming use, may continue to be used for the same purpose, and may be repaired or structurally altered; but no such building, if destroyed to the extent of 90 per cent of its insurable value, shall be rebuilt, nor shall such building be extended or enlarged, nor shall it be used for a different purpose except subject to the provisions of Section 9. Mr. Neil Borden, of the Planning Board, presented the following report: Report of the Planning Board on the following proposed Zoning Amendment, as it appears under Article 17 in the Warrant for - - the Town Meeting to be held March 16, 1936. To amend the Lexington Zoning By-Law by substituting for Sec- tion 10, a new Section 10 reading as follows : Section 10. Existing Uses and Buildin7s. Any use or building or part of a building which, at the time of the adoption of the original Lexington Zoning By-Law was and still is being put to a non-cOnforming use, may continue to be used for the same purpose, and may be repaired or structurally altered; but no -,,-- _ 210 such building, if destroyed to the extent of 90 per cent of its insurable value., shall be rebuilt., nor shall such building be extend.ed_ Or enlarged, .nor shall. it be used for a different pur- pose except subject to the provisions of Section 9. A public hearing was held February 28, 1936, on the proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board now submits a final report. with recommendations to the Town Meeting. When the Lexington Zoning. By-Law was originally adopted, the po'visions covering non-conforming uses were rigidly drawn , looking toward eventual -elimination of such non-conforming uses, and, we believe, rightly so. We believe the present wording of the By-Law governing non- conforming uses, may, however, work an unnecessary hardship on property owners who have built up a substantial investment.. The text states that property put to a non-conforming use, "may continue to be used for the same purpose or for purposes not substantially different." However, 1h. the past few years there .has been a radical change in business uses. This has been especially so in What might be Considered the lighter types of industry -and the treatment . to be afforded buildings representing substantial investments, presents problems Which in_ .fairnes.s to the _owners and to the neighborhood cannot be ignored. The Board is of the opinion that the Zoning provisions should be modified to the extent of permitting properly safe-guarded action by the Board of Appeals in connection with change of uses of such buildings. While an aggrieved citizen may take his case to the Board Of Appeals., that body has no Authority-to change the provisions of the By-Laws and can only apply such provisions as are spee.ificaliy hid down in. the By-Law. Their unanimous approval is necessary. Thus by extending to Section. 10 the jurisdiction Of the Board of Appeals to include non-c:onforming�"uses,- the Board- beliees that provision-has been made to .r.eove an unwarranted prohibition of-use -and at the .same.` time to safeguard a- neighb.orhood. against uses__which might be detrimental to its character. The Board:therefore recommends._ that the. Town adopt this amendment. Neil H. Borden D. E. Nickerson Clem H. Ferguson Edward W. Kimball Lester F. Ellis John A. Sellars Amendment as presented Carried Unanimous 9:59 P.M. -- 211 Selectman Mr. Ferguson moved to take up Article 18. Mr. Borden Presented vote as follows : Voted: To amend the Lexington Zoning By-Law by adding to Sec- tion 4, R.1 Districts, Paragraph 6, the following sen- tence, to be designated (e) : ' (e)" Excavation and removal from the Premises of any sod, loam, sand, gravel, clay or quarried or crushed stone, except that the provisions of Section 9 do not apply when such excavation and removal are incidental to and in connection with the construction of a building for which a PerMit has been issued in accordance with the building by-law and this by-law, and when such excavation and removal are permitted under paragraph numbered "4" in the paragraphs headed 'In R.1 Districts' ," Mr. Borden reads report as Follows Report of the Planning Board on the following proposed Zoning Amendment, as it appears under Article 18 in the Warrant for the Town Meeting to be held March 16, 1936. To amend the Lexington Zoning By-Law by adding to Section 4, R.1 Districts, Paragraph 6, the following sentence, to be designated (e) :- le) Excavation and removal from the premises of any sod, loam, sand, gravel, clay or quarried or crushed stone, except that the provisions of Section 9 do not apply when such excavation and removal are incidental to and in connection with the construction of a building for which a permit has been issued in accordance with the building by-law and this by-law, and when such excavation and removal are permitted under paragraph numbered "4" in the paragraphs headed 'In R.1 Districts ' ." 7- A public hearing was held February 28, 1936, on the proposed amendment, after the notices given in accordance with the Lexington ByTLaw, and the Planning Board now submits a final report with re- commendations to the Town Meeting. In presenting this amendment, the Board believes that it is providing an effective means against reoccurrences of devastating projects such as occurred a short time ago in the northerly part of the Town, and has at the same time left the opportunity for the dis- posal by the farmers, of sufficient quantities of sod, sand, loam and gravel to meet the day to day needs of the average citizen; with- out a cumbersome process of permits. There is no difference in opinion that the sale of such natural resources , in reasonable quantities, is a part of normal farming activities and the Board feels that the proposed addition makes no' change in the status of the operation of such sand and gravel pits as are now being carried on as non-conforming uses . While it is generally agreed that our present By-Law is suf- ficiently inclusive to achieve the desired ends, it does so in an indirect manner and it is felt the addition of a paragraph dealing directly with requirements for excavation and removal will act as a deterrent against attempts toward further wholesale operations in residential sections. 'The Board therefore recommends that the Town adopt this amend- ment. Neil H. Borden Lester F. Ellis D. E. Nickerson Edward W. Kimball Clem H. Ferguson John A. Sellars 212 >41 Mr. Neil McIntosh moved indefinite postponement. Mr. T. A. Custance moved to lay on table. To lay on table lost unanimous 10:14 P.M. General discussion--various speakers. Question for indefinite postponement of main motion. Motion to postpone declared lost unanimous 10:30 P.M. r, Main question of Article 18 as presented Yes Tellers No 18 Pierce 17 25 Rudd 21 25 Redman 24 32 Sarano 4 100 66 Declared lost 10:32 P.M. Selectman Mr. Ferguson moved to take up Article 21. Mr. Houghton, Chairman School Committee Presented the following: Voted: That the sum of Al,070.00 be appropriated and assessed for the payment of tuition of pupils attending Voca- tional School. Carried Unanimous 10:33 P.M. Selectman Mr. Ferguson moved to take up Article 22. Mr. Houghton, Chairman School Committee presented the following: Voted: That the sum of $200.00 be appropriated and assessed for the maintenance of classes for instruction in Americanization. - Carried Unanimous 10:34 P.M. Selectman Mr. Ferguson moved to take up Article 23. Mr. Houghton, Chairman School Committee presented the following; Voted: That the sum of $125.00 be appropriated to pay the necessary expenses of the Superintendent of Schools incurred outside the Commonwealth in securing infor- mation upon matters in which the Town is interested or which may tend to improve the service in the School Department. Carried Unanimous 10:35 P.M. Mr. Hill moved meeting adjourn until March 23, 1936 at 8 P.M. Seconded. Carried Unanimous 10:35 P.M. A True Record: Attest: Y///, ,e46) own Cle 213 SECOND ADJOURNED TOWN MEETING OF THE ANNUAL TOWN MEETING HELD MARCH 23, 1936 The meeting was called to order at 8:08 P.M. by the Town Clerk, James J. Carroll. There were 174 Town. Meeting Members present. rOn account Moderator, Robert H. Holt being absent, Town Clerk states in order to elect a Moderator Pro-Tem to conduct the meeting, and if agreeable with the Town Meeting Members a motion would be acceptable for nominations for Moderator Pro-Tem to be made from the floor. Motion made and seconded the nominations for Moderator Pro-Ten be made from the floor. Unanimous Vote 8:09 P.M. Motion made and seconded Representative Joseph R. Cotton act as Moderator Pro-Tem. Motion made and seconded nominations be closed. Carried Unanimous 8:09 P.M. It was a unanimous vote that Representative Joseph R. Cotton act as Moderator Pro-Tem for the Meeting. Carried Unanimous 8:09 P.M. Representative Joseph R. Cotton as Moderator Pro-Tem was sworn to the faithful performance of his duties 'by the Town Clerk, James J. Carroll, the Town Clerk turning over the gavel to him. 8:10 P.M. Selectman Mr. Ferguson moved to take up Article 24, presenting the following: Art. 24. Voted: That the following amount be appropriated and assessed for the unpaid bills for the year 1935 of the following account: Law Department, $95.25 Carried Unanimous 8:11 P.M. Selectman Mr. Ferguson moved to take up Article 25, presenting the following: Art. 25. Voted: That the Town raise and appropriate the sum of $6,500.00 for the improvement of Lincoln Street; said sum, or any portion thereof, to be used in conjunction with any money which may be alloted by the State or County, or both, for this purpose. General discussion by several speakers . Mr. B. Hawkins made motion for indefinite postponement. Indefinite postponement lost 8:39 P.M. Main question on Article 25 as presented by Selectman Mr. Fer- guson put to a vote and carried unanimous 8:40 P .M. . Selectman Mr. Ferguson moved to take up Article 26 presenting the following: Art. 26. Voted: That the Town raise and appropriate the sum of $1,200.00 for the improvement of Watertown Street; said sum, or any portion thereof, to be used in con- junction with any money which may be alloted by the State or County, or both, for this purpose. Carried. Unanimous 8:41 P.M. 214 Selectman Mr. Ferguson moved to take up Article 27 presenting the following: Art. 27. Voted: That the Selectmen be authorized to install street lights in the following unaccepted streets : Summit Road; Cary Street; Kendall Road; Hamilton Road; Ledgelawn Avenue. Moderator states if no object ions each item be voted upon separately as follows : Summit Road Carried Unanimous 8:42 P.M. Cary Street Carried Unanimous 8:42 P.M. Kendall Road Carried Unanimous 8:42 P .M. Hamilton Road Carried Unanimous 8:42 P.M. Ledgelawn Avenue Carried Unanimous 8:42 P.M. Selectman Mr. Ferguson moved Article 28 be indefinitely post- poned. Carried Unanimous 8:43 P.M. Selectman Mr. Ferguson moved to take up Article 29, presenting the following: Art. 29. Voted: That the Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous day, and Carried Unanimous 8:44 P.M. Voted: That the Town Collector shall turn over to the Town Treasurer daily his collections of the pre- vious day. Carried Unanimous 8:44 P.M. Selectman Mr. Ferguson moved to take up Article 30, presenting the following: Art. 30. Voted: That the General By-Laws of the Town of Lexington be amended by adding at the end of Article X, Section 1, the words "and of such accounts shall turn over to the Town Treasurer daily his collec- tions for the previous day.", and Carried Unanimous 8:45 P.M. Voted: That the General By-Laws of the Town of Lexington be amended by adding to Article X a new section to be as follows : "Section 2. The Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous day." Carried Unanimous 8:46 P.M. Selectman Mr. Ferguson moved to take up Article 31, presenting the following: \Art. 31. Voted: That the Town Clerk shall turn over to the Town Treasurer all fees received by him as Town Clerk. Carried Unanimous 8:47 P.M. Selectman Mr. Ferguson moved to take up Article 32, presenting the following: Art. 32. Voted: That the General By-Laws of the Town of Lexington be amended by adding to ARTICLE XVII a new section, to be as follows : "Section 3. The Town Clerk shall turn over to the Town Trgasurer all fees received by him as Town Clerk. Carried Unanimous 8-47 P.M. -- ----- ----- - 215 Selectman Mr. Ferguson moved to take up Article 33, presenting the following: Art. 33. Voted: That the sum of-$1,500.00 be appropriated and assessed to defray the expenses incurred by the Town Counsel in the case -of Ryder vs. Town of Lexington, which. pertains to Vine Brbok Drainage. Carried Unanimous 8:48 P.M. r- Selectman Mr. Ferguson moved to take up Article 34, presenting 1 the following: L Art. 34. Voted: That the sum of $1,738.55 be appropriated and assessed to satisfy the judgment entered against • the Town in the case of Anthony Ross & Son vs. Town of Lexington. Carried Unanimous 8:48 P.M. Selectman Mr. Ferguson moved to take up Article 35, presenting the following: Art. 35. Voted: That the following sums be transferred to the Excess and Deficiency Account : Fire Alarm Boxes Account $13.00 Highway Construction, Gleason Road #1 $222.23 Carried Unanimous 8 :50 P.M. and that the following sum be transferred to the Water Department Available Surplus Account: Water Construction, Pinewood & Summit Roads Acct. , $868.30. Carried Unanimous 8:51 P.M. j Selectman Mr. Ferguson moved to take up Article 36, presenting the following: Art. 36. Voted: That the Town accept the layout as a town way of Tower Road, from Massachusetts Avenue a distance of approximately 455 feet southerly, as laid out by the Selectmen, under- the Betterment Act, and , shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easement there- for, and for the purpose of constructing said 01, street the sum of •2,700.00 be appropriated and assessed. General discussion. - Motion made for indefinite postponement. For indefinite postponement declared lost 9:06 P.M. Main question on Article 36 as presented. Carried Unanimous 9:07 P.M. Selectman Mr. Ferguson. moved to take up Article 37, presenting 7. the following: - Art. 37. Voted: That the Town accept the layout as a town way of Richard Road, from Tower Road to near Plymouth Road, a distance of approximately 275 feet, as laid out by the Selectmen,' under the Betterment Act, and shown upon a certain plan on file in the Office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $1,500.00 be appropriated and assessed. Carried Unanimous 9 :08 P.M. 2113 0-1 0.1 Selectman Mr. Ferguson moved to take up Article 38, presenting the following: Art. 38. Voted: That the Town accept the layout as a town way of Plymouth Road, from Richard Road to Robbins =Road, a distance of approximately 585 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $3,600.00 be appropriated and assessed. Carried Unanimous 9:09 P.M. Selectman Mr. Ferguson mowed to take up Article 39, presenting the following: Art. 39. Voted: That the Town accept the layout as a town way of Hibbert Street, from Massachusetts- Avenue south- westerly, a distance of approximately 230 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 February 15, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $2,000.00 be appropriated and assessed. Carried Unanimous 9 :11 P.M. Selectman Mr. Ferguson moved to take up Article 53, stating the amount should be $5,000.00 instead of $6,000.00, presenting the following: Art. 53. Voted: That the sum of $5,000.00 be appropriated and assessed for labor and materials on public works and for other expenses in connection therewith, the same to be expended by the Selectmen for aid to persons employed on various projects. Carried Unanimous 9:12 P.M. , Selectman Mr. Ferguson moved to take up Article 20. Under Article 20 Mr. Borden moved for indefinite postponement. Indefinite Postponement carried unanimous 9 :14 P.M. Selectman Mr. Ferguson moved to take up Article 19. Mr. Borden df the Planning Board presents the following: Art. 19. Voted: To amend the Lexington Zoning By-Law by changing from an R.l District to a C.1 District the parcel of land described as follows : On the easterly side of Pleasant Street beginn- ing at a point about 100 feet from the northerly line of the Cambridge Turnpike extending north- erly one hundred and fifty (150) feet along Pleasant Street and of a depth of one hundred (100) feet, the southerly side of the said par- cel being Clematis Brook. Mr. Borden reads report of the Planning Board as follows : Report of the Planning Board on the following proposed Zoning Amendment, as it appears under Article 19 in the Warrant for the Town Meeting to be held March 16, 1936. A public hearing was held February 28, 1936, on the proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board now submits a final report with recommendations to the Town Meeting. ----- - ----------- 217 The Planning Board recommends to the Town Meeting that this petition be denied. While the Board sympathizes with the desire of this petitioner to benefit from a change of her area to a business zone, it believes that the interests of the Town, of property owners along the entire length, and the users of the Cambridge-Concord Turnpike, would be adversely affected by establishment of such business areas at this time. The following considerations have led. the Planning Board to its recommendation: The Cmabridge-Concord Turnpike is a high-speed, through- traffic artery and any developments along its way should be carefully located to avoid congestion and to maintain safety. To this end the Planning Board has had the Town Engineering Department working for some time to °design an overall layout for amattractive and safe development of property along this highway. This new turnpike has opened un a large new area for residential development. With a well-worked-out plan of parallelling streets to provide safety and to give sufficient set-back, we may hope for development of attractive residen- tial areas. If unattractive, uncontrolled business areas develop, however, such residential developments are likely to be hindered and safety to travellers endangered. The project is a complicated one, calling for careful study of the topography of the land, the alignment of the road, intersecting streets, future sewer and water require- ments , etc. , and it is the hope of the Planning Board that a plan may be developed which will prove economical to the Town and satisfactory to the abutting owners . L The petitioner asks for a business zone not directly on the highway, but any business conducted in the area evidently will cater to automobiles travelling on the highway. Accord- ingly it should be vfewedf.as part of the highway development and should be subjected to the same considerations as pe- titioners located on that road. Action on one such petition in the Town Warrant, that of Mr. Ernest De Vincent, has been postponed at his counsel's request. Informal approaches have been made to members of the Planning Board by some six additional property owners. Accordingly we know that there will be requests for C.1 zones at many points along the high- way. The Planning Board call s to the attention of the Town Meeting Members that control over property use is virtually lost when once a piece of land has been changed to a business zone, except in so far as control can come through building regulations. We have all seen the unsightly development along Marrett Road in the vicinity of the Lincoln-Lexington line. We have seen such developments as the White Spot on Woburn Street be- yond the Lexington line; The Board believes it would be highly detrimental to Lexington ever to have such a condition in this attractive and historic neighborhood. A year ago the Town gave its support to activities of the Planning Board in its efforts with Boards of neighboring towns to maintain the Cambridge-Concord Turnpike as a scenic and safe highway and to prevent an unsightly, unsafe development of road- side stands, gasoline stations, and the like. A bill was pre- sented to and passed by the legislature. Unfortunately the 218 measure did not receive the governor's approval. Accord- ingly, the Town is forced to devise a plan of its own to secure this result through Lexington. The Planning Board hopes that any action such as that contemplated by this petition may be withheld until the Town Engineering Department can complete its study, and the Planning Board have opportunity to confer with ad- jacent property owners and with town officers, in the hope that it may present to the Town an acceptable over- all plan for logical development along the turnpike. To grantthis and deny subsequent petitions will be a procedure of questionable fairness ; to grant all such petitions means an un- safe, unsightly, chaotic development. Neil H. Borden Lester F. Ellis D. E. Nickerson Edward W. Kimball Clem H. Ferguson John A. Sellars Mr. R. Ryder speaks in favor of adoption. Vote taken as follows : In. Favor Tellers Not in Favor O Nichols 29 - O Dr. Walsh 42 1 Kraetzer 44 O Spencer 36 1 151 Lost 9:26 P.M. Selectman Mr. Ferguson moved to take up Article 40. Mr. Kraetzer suggests Article 41 be taken up first. Article 40 withdrawn by Selectman Mr. Ferguson. Mr. George E. Smith objects. — Motion made and seconded Article 40 be indefinitely postponed. Indefinite postponement carried unanimous 9:27 P.M. Selectman Mr. Ferguson moved- to take up Article 41. Mr. George E. Smith presenting the following:: Art. 41. Moved that the Town of Lexington take for highway purposes 5485 square feet, more or less, " from the plot of land in front of the Depot, and t'hat 'they appropriate and assess two thousand dollars ($2,000.00) for regardening the bal- ance of plot and, making a parking square of the taking. General discussion, various speakers. Motion as presented declared lost unanimous 9:45 P.M. Selectman Mr. Ferguson movedto take up Article 42, presenting the following: Art. 42. Voted: That the sum of $1,100.00 be appropriated and assessed for the purchase of a power sprayer for the use of the Moth and Shade Tree Division. Carried Unanimous 9' 46 P.R . Selectman Mr. Ferguson moved to take up Article 43, presenting the following: Art. 43. Voted: That the sum of $4,500.00 be appropriated and assessed for the purchase of a highway grader for the use of the Highway Division. Carried Unanimous 9:47 P.M. 219 Selectman Mr. Ferguson moved to take up Article 44, presenting the following: Art. 44. Voted: That the Selectmen be authorized to install sewer mains in such, accepted or unaccepted streets as may be applied for during the year 1936, in accord- ance with law, and to take by eminent domain the necessary easementstherefor, and for the purpose of said installation the sum of $3,100.00 be trans- ferred from the• Sewer Assessment Fund. • Carried Unanimous 9:49 P.M. L Selectman Mr. Ferguson moved to take up Article 45, presenting the following: Art. 45. Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets as maybe applied for during the year 1936, in accord- ance with authority contained in the By-Laws of. the Town, subject to the assessment of betterments, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $2,000.00 be transferred from Water Department, Available Surplus, and the sum of $1,000. be transferred from the Water Assessment Fund. Carried Unanimous 9:51 P.M. Selectman Mr. Ferguson moved to take up Article 46, presenting the following: Art. 46. Voted: That the Selectmen be authorized to construct gran- olithic sidewalks where the abutting owner pays one- half the cost, and for the purpose of said construc- tion the sum of $1,000.00 _be appropriated and assessed. 7- Carried Unanimous 9:53 P.M. Selectman Mr. Ferguson moved to take up Article 47, presenting the following: . Art. 47. Voted: That the sum of • 900.00 be appropriated and assessed for the installation of granite curbing on the westerly side of Bedford Street from Elm Avenue to a point approximately two hundred (200) feet north of Newcomb & Iailey' s garage. Carried Unanimous 9:54 P.M. Selectman Mr. Ferguson moved to take up Article 48, presenting the following: Art. 48. Voted: That the sum of $2,000.00 be appropriated and assessed for highway maintenance; said sum, or any portion thereof, to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose. Carried Unanimous 9 :55 P.M. Selectman Mr. Ferguson moved to take up Article 49, presenting the following: Art. 49. Voted: That the Town designate the street extending from Hancock Street to Bedford Street by the name of North Hancock Street. Carried Unanimous 9:56 P.M. Selectman Mr. Ferguson moved to take up Article 50, presenting the following: 220 tyl Art. 50. Voted: That the fum of $1,050.00 be approptiated and assessed for Pleasant Street and W'atertomi Street land damages resulting from the reloca- tion or reconstruction of said streets, the pay- ments to be made to each of the following upon receipt of satisfactory release and dismissal of any petition for assessment of damages, as follows : Patrick J. ' Shanahan $450.00 Carried Unanimous 9:57 P.M. J. Alexander Wilson 200.00 Carried Unanimous 9 :57 P.M. Mary D. Hatch 400.00 Carried Unanimous 9 :57 T.M. Selectman Mr. Ferguson moved to take up Article 51, presenting the following: Art. 51. Voted: That the snm of $1,500.00 be appropriated and assessed for the installation of warning signals at Fletcher Avenue at the Boston and Maine rail- road crossing; and that the sum of $100.00 be appropriated and assessed for the maintenance of said warning signals. Amendment presented by Mr. Rowse vote to read that right of way be kept open. Chiestion by Mr. E. T. Buckley, through Town Counsel, what the rights of the railroad were. - Mr. Rowse withdraws his amendment. t _ Moderator states not necessary to withdraw Mr. Rowse' s amend- ment for the reason that it was not accepted. Mr. E. T. Buckley suggests Town Counsel draw up an amendment 7-9 to be accepted the following being presented, that vote read: "upon condition that the Boston and Maine Railroad execute an agree- ment with the Town to keep said way open." -- Amendment as presented carried unanimous 10:10 P.M. Original motion with amendment presented as follows : That the sum of $1,500.00 be appropriated and assessed for the installation of warning signals at Fletcher Avenue at the Boston and Maine Rail- road crossing; and that the sum of $100.00 be appropriated and assessed for the maintenance of said warning signals, upon condition that the Boston and Maine Railroad execute an agreement with the Town to keep said way open. Carried Unanimous 10:10 P.M. Selectman Mr. Ferguson moved to take up Article 52, presenting the following: Art. 52. Voted: That the Board of Selectmen be authorized to sell and convey any of the real estate acquiredby the Town by foreclosure of tax titles, subject to the approval of a majority of a committee com-oosed .of of the Chairmen of the following coiimiittees; Appropriation Committee Planning Board Board of Assessors School Committee ,Carried Unanimous 10:11 P.M. Selectman Mr. Ferguson moved to take up Article 54, presenting the following: Art. 54. Voted: That the following salaries be established for the year 1936: Collector of Taxes and Town Collector, $2,775.00 per annum; Town Clerk, $1,775 .00 per annum; Town Treasurer, $950.00 per annum. Carried Unanimous 10:12 P.M. x 221 Selectman Mr. Ferguson moved to take up Article 55, presenting the following: Art. 55. Voted: That the sum of $3,981.00 be appropriated and assessed for the installation of under ground cable for the Fire Department in Massachusetts Avenue from its junction with Woburn Street to the East Lexington Fire Station. Carried Unanimous 10:14 P.M. Selectman Mr. Ferguson moved to take up Article 56, presenting the following: Art. 56. Voted: That the Selectmen be authorized to install a water main not less than 6" and not more than 16" in diameter in Bloomfield Street from Massachusetts Avenue to Highland Avenue, and for the purpose of said installation the sum of $6,000.00 be trans- ferred from Water Department, Available Surplus . Carried Unanimous 10:15 P.M. Selectman Mr. Ferguson moved to take up Article 57, presenting the following: • Art. 57. Voted: That the Selectmen be authorized to install surface water drainage in Bloomfield Street from Massa- chusetts Avenue to Highland Avenue, and for the purpose of said installation the sum of $3,000.00 be appropriated and assessed. Carried Unanimous 10:16 P.M. Selectman Mr. Ferguson moved article 60 be indefinitely post- - poned. fl Indefinite postponement carried unanimous 10:16 P .M. _ Selectman Mr. Ferguson moved to take up Article 58. Mr. Wood, Chairman Cemetery Commissioners presents following: Art. 58. Voted: That the sum of $200.00 be appropriated and assessed for repair and shingl ing of the Town residence at Westview Cemetery. Carried unanimous 10:17 P.M. Selectman Mr. Ferguson moved to take up Article 59. Mr. Wood, Chairman Cemetery Commissioners, presents the following: Art. 59. Voted: That the sum of $500.00 to be used for grading Purposes at new development in Westview Cemetery, be transferred from "Sale of Lots Funds" Westview Cemetery. Carried Unanimous 10:20 P.M. Motion made by Mr. T. A. Custance and seconded the meeting be dissolved. Carried Unanimous 10:21 P.M. A True Record. J/n, //7 Attest: ! �i�.t<‘Town C . -rk 222 TOWN WARRANT THE COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. To either of the Constables of the Town of Lexington, Greeting: In the name of the Commonwealth you are hereby required to notify r� and warn the inhabitants of said town who are qualifiedto vote in Primaries to meet in their respective voting places -in said town, PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, THREE AND FOUR, CARY — MEMORIAL HALL, on TUESDAY, THE TWENTY-EIGHTI4DAY OF APRIL, 1936, at 2:00 P.M. , for the following purposes : ' To bring in their votes to the Primary Officers for the Election of Candidates of Political Parties for the following offices : 8 DELEGATES AT LARGE TO THE NATIONAL CONVENTION OF THE DEMOCRATIC ' PARTY . 8 ALTERNATE DELEGATES AT LARGE TO THE NATIONAL CONVENTION OF THE DEMOCRATIC PART% 4 DELEGATES AT LARGE TO THE NATIONAL CONVENTION OF THE REPUBLICAN PART 4 ALTERNATE DELEGATES AT LARGE TO THE NATIONAL CONVENTION OF THE REPUBLICAN FART 2 DISTRICT DELEGATES TO THE NATIONAL CONVENTION OF THE DEMOCRATIC PARTY, 5th CONGRESSIONAL DISTRICT. 2 ALTERNATE DISTRICT DET,FGATES TO THE NATIONAL CONVENTION OF THE DEMOCRATIC PARTY, 5th CONGRESSIONAL DISTRICT. 2 DISTRICT DELEGATES TO THE NATIONAL CONVENTION OF THE REPUBLICAN, PARTY, 5th CONGRESSIONAL DISTRICT . 2 ALTERNATE DISTRICT DELEGATES TO THE NATIONAL CONVENTION OF THE REPUBLICAN PARTY, 5thCONGRESSIONAL DISTRICT. PRESIDENTIAL PREFERENCE 1 PREFERENCE FOR DEMOCRATIC CANDIDATE FOR PRESIDENT OF THE UNITED STATES 1 PREFERENCE FOR REPUBLICAN CANDIDATE FOR PRESIDENT OF THE ' UNITED STATES . DISTRICT MEMBER OF STATE COMMITTEE . for each political barty for the 7th Middlesex Senatorial District. 20 MEMBERS OF THE DEMOCRATIC TOWN COMMITTEE. 20 MEMBERS OF THE REPUBLICAN TOWN COMMITTEE 1 DELEGATE TO STATE CONVENTION OF THE DEMOCRATIC PARTY . 2 DELEGATES TO STATE CONVENTION OF THE REPUBLICAN PARTY. All the above candidates are to be voted for upon one ballot. The polls will be open from 2:00 P.M. to 8:00 P'.M. And you are directed to serve this warrant by posting attested copies thereof seven days at least before the time of said meeting as directed by vote of the town. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting. — Given under our hands this fourteenth day of April, A.D. , 1936. Charles E. Ferguson Philip M. Clark SELECTMEN Archibald R. Giroux OF Albert A. Ross LEXINGTON William G. Potter 223 April 17, 1936 To the Town Clerk: I have notified the inhabitants of Lexington by posting printed conies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town 1© days before the time of said f meeting. Patrick J. Maguire Constable of Lexington PRE PRIMARY STATE ELECTION April 28, 1936 The following election officers had been appoir_ted by the Selectmen and were assigned to duty at the Town Precincts as follows : Precinct One Precinct Two D Charles J. Dailey Warden R Victor .H: Harmon. D Bartlett J. Harrington Inspector R George V. Morse R George E. Foster ==Inspector D Randall Richards R Alfred W. Hayward Clerk D John H. Dacey D George F. Stygles Teller R Harry G. Frost R DeTrafford Smith Teller D Edward McGrory R Arthur W. Hughes Teller R Elizabeth Nourse L R Mabelle S. Peavy Teller D Madeline Corbett Precinct Three Precinct Four • R Hiram W. Jackson Warden R Howard E. Custance. R Fred Tullar Inspector R William E. Mulliken • D Charles E. Moloy, Jr. Inspector D Katherine Kearns H Samuel W. Wellington Clerk D Frank Maguire D John Corcoran Teller D James J. Waldron D John J. McCormick Teller R Carl Hauck R Esther Graham Teller D Lillian R. Kearns D Henry Meade Teller The polls were declared open in each Precinct at two -oiclock P.M. and remained open until eight o'clock P.M. at which time after due notice they were declared closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows : r Precinct One Thirteen-hundred fifty-six ( 1356) Precinct Two Eleven hundred ninety-five (1195) L_ Precinct Three Twelve hundred thirty-one (1231) Precinct Four Eleven hundred sixteen (1116) Total: Forty eight hundred ninety-eight 4898 - The ballots were counted by the election officers in each Precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. 224 ►4 X The ballots cast were counted, enclosed in envelopes sealed, signed by the election officers, together with the unused ballots and delivered to the Town Clerk at his office. The Town Clerk and the members of the Board of Registrars canvassed the results as follows : Precinct One Ballots Cast 188 One hundred eighty-eight Precinct Two Ballots Cast 247 Two hundred forty-seven, Precinct Three Ballots Cast 252 Two hundred fifty-two Precinct Four Ballots Cast 167 One hundred sixty-seven Total 854 Eight hundred fifty-four DEMOCRATIC PARTY DELEGATES AT LARGE TO NATIONAL CONVENTION Pree. 1 Prec. 2 Prec. 3 Prec. 4 Total David I. Walsh 13 9 13 13 48 Marcus A. Coolidge 13 9 19 11 52 James M. Curley 17 9 10 12 48 William J. Granfield 11 9 11 10 41 Joseph McGrath 11 9 9 11 40 Margaret L. O'Riordan 11 9 11 11 42 Elizabeth L. McNamara 11 9 9 12 41 Grace Hartly Howe 11 9 10 10 40 (Not Grouped) Timothy E. Carroll 4 1 4 1 10 Alexander F. Sullivan 0 1 1 2 4 Blanks 66 6 41 35 148 ALTERNATE DELEGATES AT LARGE TO NATIONAL CONVENTION Clementina Langone 17 7 8 13 45 _ Mary Maliotis 14 7 9 13 43 Golda P. Walters 15 8 7 13 43 Sadie H. Mulrone 16 7 8 13 44 Louise B. Clark 15 7 8 13 43 H. Oscar Rocheleau 15 7 B 13 43 Stanley W. Wisnioski 15 7 7 13 42 Julian D. Rainey 16 7 10 13 46 Blanks 45 23 63 24 - 155 DISTRICT DELEGATES TO NATIONAL CONVENTION 5th CONGRESSIONAL DISTRICT Michael T. Golden 12 • 9 8 10 39 William F. McCarty 13 8 6 9 36 James J. Bruin 0 1 0 1 2 Thomas J. Corbett 1 0 1 0 2 George J. Murray 1 1 2 1 5 Blanks 15 1 15 11 42 ALTERNATE DISTRICT DELEGATES TO NATIONAL CONVENTION 5th CONG. DIST. Alice I. Goland 9 9 4 8 30 Joseph F. O 'Connell 13 8 8 9 38 -- Clement A. McDonough 2 1 2 0 5 Jeremiah J. Sullivan 5 3. 7 6 19 Blanks 13 0 11 9 33 STATE COMMITTEE Frank A. Cassidy 15 8 11 8 42 Blanks S 2 5 8 21 225 DEMOCRATIC PARTY DELEGATE TO STATE CONVENTION _ 'Prec. 1 Prec. 2 Prec. 3 Prec. 4 Total Francis E. Burke 20 '9 12 15 56 Blanks 1 1 4 1 - 7 TOWN COMMITTEE L_ Eugene T. Buckley 16 6 13 13 48 Bartlett J. Harrington 18 7 7 13 - 45 Francis E. Burke 15 10 10 15 50 Bernard O'Donnell 13 6 7 12 38 John J. Donovan 15 7 9 12 43 Patrick Shanahan 18 9 7 12 46 John G. Sexton 16 7 8 12 43 Joseph H. Valliere 13 8 9 12 42 Daniel A. Cronin 13 7 10 12 - 42 James V. Cosgrove 13 10 11 13 - 47 John A. Murray 16 7 9 12 - 44 James Spellman 0 0 1 5 6 Mary Spellman 0 0 0 4 4 Mary Gaynor 0 0 0 2 2 Marion Burke 0 0 0 2 2 John Merik 0 0 0 1 1 Joe Ferrie 0 0 0 1 1 Thomas Mansfield 0 0 0 1 1 Blanks 254 116 219 182 ' 771 PRESIDENTIAL PREFERENCE DEMOCRATIC — Roosevelt 4 8 10 8 - 30 Ely 2 , 0 0 0 2 L A. E. Smith 0 0 2 0 2 H. Ford 0 0 1 0 1 i REPUBLICAN PARTY DELEGATES AT LARGE TO NATIONAL CONVENTION ' Prec. 1 Prec. 2 Prec. 3 Prec. 4 Total Charles F. Adams 150 221 223 126 720 George F. Booth 138 209 215 114 676 Joseph W. Martin 137 209 213 122 - 681 Allen T. Treadway 149 212 220 120 701 Blanks - 94 97 73 130 394 ALTERNATE DELEGATES AT LARGE TO NATIONAL CONVENTION Mary Phillips Bailey 136 202 206 110 654 Florence H. LeFevre 137 199 203 107 646 Wallace Stearns 139 204 211 116 670 Anna C.M. Tillinghast 140 205 212 117 674 Blanks 106 138 112 154 510 DISTRICT DELEGATES TO NATIONAL CONVENTION 5th CONGRESSIONAL DISTRICT Forest A. Rogers 9 9 5 13 36 John R. Russell 12 25 14 13 64 (Grouped) Robert E. Goodwin 131 193 197 107 628 Wallace R. Lovett 119 176 179 91 565 Blanks 397 71 77 78 623 226 01 REPUBLICAN PARTY ALTERNATE DISTRICT DELEGATES TO NATIONAL CONVENTION 5th CONG. DIST. Fret. 1 Pree. 2 Prec. 3 Prec. 4 _Total Ethel G. Gray 140 202 195 117 654 Anna S. Hard 135 194 190 105 624 Blanks 59 78 87 80 304- STATE COMMITTEE John H. Pearson 143 203 204 112 662 Blanks 24 34 32 39 129 DELEGATES TO STATE CONVENTION Archibald R. Giroux 105 155 162 97 519 Robert H. Holt 124 185 175 80 564 Edward W. Taylor 72 105- 99 84 360 TOWN COMMITTEE Dorothy Homer Chamberlain 137 199 199 106 641 Martha C.Spauiding 141 200 202 114 657 Joseph R. Cotton 141 212 211 123 687 Albert H. Burnham 135 201 212 119 667 James A. Peirce 134 197 198 106 635 Arthur W. Hughes 118 189 189 97 593 John D. Collins 119 188 187 95 589 James W. Smith 123 202 204 100 629 r William H. Ballard 134 213 208 114 669 Clyde E. Steeves 125 204 198 106 633 -- Clayton A. Hilliard 118 201 194 94 607 r Harry F. Howard 122 195 192 99 608 J. Lawrence Miles 126 205 210 108 649 Edward W. Taylor 136 198 212 123 669 Charles E. Hadley 136 199 200 101 636 Margaret K.Gfroerer 114 195 202 100 611 Alfred L. Short 118 187 190 98 593 George P. Morey 119 189 195 99 602 Dorothy T. Taylor 126 194 201 106 627 John A. Lyons 129 189 195 103 616 Clem Ferguson 1 0 0 0 , 1 Everett L. Emery 1 0 0 0 1 Blanks 789 781 721 909 3;,2OO PRESIDENTIAL PR ivEABJCE REPUBLICAN Landon 158 149 106 102 515 Hoover 12 20 7 6 45 Knox 4 5 1 0 10 Borah 5 6 3 1 15 , Moses 1 0 0 0 1 VanDerberg 2 7 6 1 16 Gifford 1 0 0 0 1 _ Adams 1 0 0 0 1 Fullar 0 1 0 0 1 Roosevelt 0 0 3 1 4 Townsend 0 0 1 0 1 • A True Record Attest: / 'Po B-rerk 227 WARRANT FOR STATE PRIMARY THE COMMONWEALTH OF MASSACHUSETTS. Middlesex, ss. To either of the Constables of the Town of Lexington, Greeting: In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are r— qualified to vote in Primaries to meet in the Adams School, East Lexington (Precinct One ) , and Cary Memorial Hall, Lexington Center, Precinct Two, Three and Four) . TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER, 1936 at eight o'clock A. M. , for the following purposes : To bring in their votes to the Primary Officers for the nomination of Candidates of Political Parties for the following offices : Governor for this Commonwealth Lieutenant Governor " ft rr Secretary of the Commonwealth Treasurer and Receiver-General rr rr r' Auditor of the Commonwealth Attorney General Senator in Congress ,r ft rr Representative in Congress " 5th Congressional District Councillor " 6th Councillor rr Senator " 7th Middlesex Senatorial District Two Representatives in General Court " 28th Middlesex Represen- tative District Register of Probate and Insolvency " Middlesex County Two County Commissioners " Middlesex County County Treasurer " Middlesex County VACANCY Clerk of the Courts " Middlesex County The polls will be open from eight o'clock A. M. to eight o'clock P. M. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting. Given under our hands this first day of September, A.D. 1936 Charles E. Ferguson Philip M. Clark SELECTMEN Archibald R. Giroux OF Albert A. Ross LEXINGTON William G. Potter r— September 5th, 1936. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town ten days before the time of said meeting. Attest : Patrick J. Maguire Constable of Lexington. 228 STATE PRIMARY ELECTION September 15, 1936 The following election officers had been appointed by the Selectmen and were assigned to duty at the four precincts as follows : Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Bartlett J. Harrington Inspector Lucius Austin George Foster Inspector Randall Richards Alfred Hayward Clerk Helen A. McCaffery Mary A. Rowland Teller Arthur L. Hanson Donald Cameron Teller Edward McGrory Harold MacGilvary Teller Elizabeth Nourse George F. Stygles - Teller Madeline J. Corbett Frank A. Cook, Jr. Teller William S. Bramhall Mabelle S. Peavy Teller Mary J. Ferry DeTrafford Smith Teller Barbara O'Connor Arthur W. Hughes Teller Jesse Condinho Dep. Warden Victor Harmon Precinct Three Precinct Four Hiram W. Jackson Warden - Howard E. Custance Frederick Tullar Inspector Clarence Briggs Chas. E. Moloy, Jr. Inspector Katherine Kiernan John McKearney Clerk Frank Maguire John Corcoran Teller James Waldron Maurice Woodward Teller Margaret Merrick Samuel Wellington Teller Charles P. McEnroe Emma Hovey Teller Robert Ryan John J. McCormack Teller Robert Cady Henry Meade Teller Esther Graham Teller Edw. B. O'Connor Teller _. Town Clerk James J. Carroll read the Warrant for the State Primary until further reading was waived by motion of Irving B. Pierce, which was seconded and declared a unanimous vote. The polls were declared open in each precinct at eight A.M. , and remained open in each precinct until eight P.M., at which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties . The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters was 5113 (five thousand one hundred thirteen. ) Precinct 1. Total number of voters : 1384 Thirteen hundred eighty-four Precinct 2. Total number of voters : 1218 Twelve hundred eighteen Precinct 3. Total number of voters : 1245 Twelve hundred forty-five Precinct 4. Total number of voters : 1266 Twelve hundred sixty-six The Town Clerk and Board of Registrars canvassed the result as follows : Pre. 1. Rep. 500 Dem. 97 Total votes cast 597 Five hundred ninety-seven Pre. 2. Rep. 564 Dem. 58 Total votes cast 622 Six hundred twenty-two Pre. 3. Rep. 535 Dem. 49 Total votes cast 584 Five hundred eighty-four Pre. 4. Rep. 465 Dem. 64 Total votes cast 529 Five hundred twenty-nine Total vote cast: 2332 Two thousand three hundred thirty-two 229 • REPUBLICAN Governor Pre. 1. Prec. 2. Prec. 3. Prec. 4. Total John W. Haigis 433 524 491 404 1852 William H. McMasters 8 0 0 0 8 Blanks 59 40 44 61 204 Total 500 564 535 465 2064 r— Lieutenant Governor Leveret' Saltonstall 424 520 491 405 1840 Blanks 76 44 44 60 224 Total 500 564 535 465 2064 Secretary Frederic W. Cook 424 526 486 397 1833 Blanks - 76 38 49 68 231 Total 500 564 535 465 2064 Treasurer William E. Hurley 309 414 363 284 1370 William G. Andrew 44 36 57 41 178 Fred Jefferson Burrell 82 69 71 74 296 Blanks 65 45 44 66 220 Total 500 564 535 465 2064 Auditor Richard Darby 69 110 66 71 316 , Russell A. Wood 335 373 381 292 1381 Blanks 96 81 88 102 367 Total 500 564 535 465 2064 • Attorney General Felix Forte 404 500 453 372 1729 Blanks 96 64 82 93 335 Total 500 564 535 465 2064 Senator in Congress Henry Cabot Lodge,Jr. 387 476 458 349 1670 Alonzo B. Cook 50 52 31 40 173 Guy M. Gray 6 2 9 12 29 Thomas C. O'Brien 12 4 8 13 37 Wilbur J. McCrady 1 0 0 0 1 Blanks 44 30 29 51 154 Total 500 564 535 465 2064 Congressman John T. Kevin, Jr. 17 5 6 4 32 Wilbur J. McCrady 46 32 35 44 157 Frank L. Roberts 21 27 25 38 111 Edith Nourse Rogers 386 469 453 351 1659 Thomas C. O'Brien 1 0 0 0 1 Blanks 29 31 16 28 104 Total 500 564 535 465 2064 I 230 01 Councillor Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Edward T. Bailey 37 62 46 27 172 George H. Bailey 18 6 15 7 46 Joseph George Bates 19 19 38 13 89 Frederick E. Bean 31 33 19 12 95 Richard E. Bourdon 216 219 208 202 845 Chester Brown 8 6 4 7 25 Eugene A. F. Burtnett 47 72 59 43 221 James G. Harris 11 33 37 28 109 Charles H. LeDuc 1 3 2 2 8 Blanks 112 111 107 124 454 Total 500 564 535 465 2064 Senator _ Joseph R. Cotton 431 513 485 391 1820 . Joseph LaBelle 23 22 26 24 95 Thomas C. O'Brien 3 0 1 4 8 . Blanks 43 29 23 46 141 Total 500 564 535 465 2064 Representatives in General Court Nelson B. Crosby 178 207 181 148 714 Archibald R. Giroux 439 470 481 396 1786 Hollis M. Gott 151 216 163 149 679 Blanks 232 235 245 237 949 Total 1000 1128 1070 930 4128 Register of Probate and Insolvency Harry R. Gardner 125 102 91 108 426 Loring P. Jordan 264 358 356 245 1223 — Blanks 111 104 88 112 415 Total 500 564 535 465 2064 County Commissioners Harold R. Acres 72 70 73 57 272 John A. Anderson 62 56 43 68 229 Nathaniel I. Bowditch 218 326 297 205 1046 Walter B. French 57 48 55 47 207 William R. Griffin 23 17 29 30 99 Walter C. Wardwell 279 350 329 232 1190 L. A. Manning 0 0 0 1 1 Blanks 289 261 244 290 1084 Total 1000 1128 1070 930 4128 County Treasurer Charles E. Hatfield 347 440 419 309 1515 William John Shield 46 36 30 42 154 Blanks 107 88 86 114 x,395 Total 500 564 535 465 2064 Clerk of Courts Frederick C. Bean 139 142 125 95 501 George H. Brown. 47 46 40 48 181 Arthur F. Carver 20 17 29 25 91 John R. MacKinnon 178 238 229 163 808 Archie J. MacNicholl 10 6 2 6 24 Ralph Smith 18 13 19 21 71 Blanks 88 102 91 107 388 Total 500 564 535 465 2064 231 DEMOCRATIC Governor Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Charles F. Hurley 79 50 39 55 223 William H. MeMasters 1 0 0 0 1 Blanks . 17 8 10 9 44 Total 97 58 49 64 268 Lieutenant Governor Philip J. Philbin 25 22 15 32 94 Thomas F. Galvin 17 7 10 8 42 Francis E. Kelly 39 12 13 11 *75 Thomas C. O'Brien 0 0 1 0 1 Blanks 16 17 10 13 56 Total 97 58 49 64 268 Secretary Joseph Santosuosso 34 14 20 23 91 William J. Ahearne 4 5 0 2 11 John J. Buckley 20 9 14 8 51 John D. O'Brien 11 2 2 2 17 Edward W. O'Hearn 7 4 0 4 15 ' William F. Sullivan 4 2 1 3 10 Blanks 17 22 12 22 73 Total 97 58 49 64 268 Treasurer _ James C. Scanlan 47 26 19 23 115 James M. Hurley 34 16 22 28 100 Blanks - - 16 16 - 8 13 53 Total 97 58 49 64 268 Auditor Thomas H. Buckley 58 38 35 40 171 Leo D. Walsh 18 4 7 4 33 Blanks 21 16 7 20 64 Total 97 58 49 64 268 Attorney General Paul A. Dever 82 41 38 51 212 - Blanks 15 17 11 13 56 Total 97 58 49 64 268 Senator in Congress James M. Curley 61 31 25 28 145 Robert E. Greenwood 26 23 15 26 90 Thomas C. O'Brien 3 0 4 2 9 Blanks 7 4 5 8 24 j Total 97 58 49 64 268 X32 cyl Congressman Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Daniel J. Coughlin 30 17 23 22 92 Arthur F. Grenier 16 7 4 5 32 Henry C. Rowland 29 8 11 15 63 Henry Meade 0 0 1 0 1 Thomas McCrady 1 0 1 1 3 Blanks 21 26 , 9 21 77 Total 97 58 49 64 268 Councillor ._, James J. Brennan 40 18 17 26 101 Edward J. Coughlin 6 2 2 2 12 Richard J. Donohoe 6 0 2 2 10 Manuel Gomes 2 1 0 1 4 Edward J. Griffin 0 3 1 2 6 James E. Lamb 3 1 2 0 . 6 John J. Murphy 8 6 4 5 23 Edward H. O'Connor 4 0 3 1 8 John J. O'Neil 2 1 2 1 6 Robert P. O'Rourke 4 2 2 1 9 Blanks 22 24 14 23 83 Total 97 58 49 64 268 Senator Raymond Brennan 12 10 5 12 39 John W. Buey 2 0 0 1 3 ' Thomas J. Carlin 5 0 0 1 6 , Walter J. Cleary 19 11 11 9 50 William D. Dacey 2 6 8 1 17 Richard T. O'Brien 3 1 2 3 9 James T. Sullivan 21 5 9 12 47 Thomas O'Brien 1 0 0 0 1 Blanks 32 25 14 25 96 Total 97 58 49 64 268 Representatives in Genera. Court William B. Barry 0 2 0 1 3 -Jahn E. Mitchell 0 2 0 0 2 Archibald R. Giroux 0 1 0 5 6 Blanks 194 - 111 98 122 525 Total 194 116 98 128 536 Register of Probate and Insolvency Francis E. Burke 58 46 41 46 191 John J. Butler 5 0 1 2 8 Robert J. Curran 4 0 0 0 4 George F. Haggerty 0 0 2 0 2 Florence C. Ramsey 7 3 0 1 11 James H. Riley 1 2 0 1 4 . a Joseph B. Spillane 0 0 0 0 0 Charles Otis Sullivan 2 0 0 1 3 Blanks 20 7 5 13 45 `"` Total 97 58 49 64 268 233 County Commissioners Pre. I Pre. 2 Pre. 3 Pre. 4 Total Edward J. Barrett 9 6 3 5 23 William P. Bennett 3 0 0 0 3 James M. Canney 5 7 4 0 16 Michael De Luca 1 4 1 0 6 Joseph B. Doherty 7 0 1 1 9 Francis D. Donahue 7 2 2 2 13 r— John J. Donoghue 3 0 1 0 4 Howard W. Fitzpatrick 10 5 10 15 40 William R. Griffin 1 0 0 3 4 Edward L. Harley 3 3 3 4 13 William C. Harrington 5 0 0 0 5 Edmund S. Haverty 3 1 2 2 8 Edward J. Lane 2 0 0 0 2 Luke A. Manning 20 6 12 18 56 Jeremiah F. Murphy 3 5 1 1 10 Thomas Murray 2 0 1 1 4 Edward A. Rose 21 6 7 7 41 Philip A. Sheridan 13 6 7 6 32 John J. Shine 8 4 1 7 20 Glenn J. Steeves 2 1 1 1 5 John A. Sweeney 6 3 5 1 15 Joseph Paul Talarico 0 0 2 1 3 Blanks 60 57 34 53 204 Total 194 116 98 128 536 County Treasurer John J. Bray, Jr. 16 5 7 7 35 Cornelius P. Cronin 20 16 8 13 57 -- John J. Devine 7 2 1 1 11 James Patrick Dolan 1 3 4 1 9 James H. Duggan 1 3. 1 2 5 ` Thomas F. Mackey 14 6 11 10 41 Henry F. Sullivan 13 2 5 7 27 Blanks 25 23 12 23 83 Total 97 58 49 64 268 Clerk of Courts John J. Breen 12 5 6 6 29 John J. Brennan 15 10 8 12 45 James E. Burns 5 2 3 2 12 John B. Carr 3 0 2 2 7 Robert E. Coughlin 3 0 0 4 7 John A. Crowley 3 1 3 0 7 Edward L. Ford 9 9 7 6 31 Francis J. Greeley 16 5 5 6 32 Stephen A. Murphy 3 5 2 6 16 Blanks 28 21 13 20 82 Total 97 58 49 64 268 A true record. Attest: O�ii�,r/..kl / 4.,efi T Clerk 234 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 r the Cary Memorial Building, in said Lexington, on Monday, the twenty-first day of September, 1936, at 8:00 P. M. then and there to act on the following articles : -- Article 1. To receive the report of any Board of Town. Officers or of any Committee of the Town and to appoint other Committees. Article 2. To see if the Town will vote to transfer the sum of $529.51 from the Trunk Line Sewer Construction Account to the Trunk Line Sewer Repairs Account. Article 3. To see if the Town will vote to appropriate and transfer sums from available funds to the following accounts : Public Welfare Health Department Engineering Dept. Salaries Engineering Dept. Expenses Public Works, Supt. 's Office - Salaries Public Works Building, Expenses Town Offices and Cary Memorial Bldg. Expenses ,Snow R emo va l Garbage Collection. Article 4. To see if the Town will vote to approve the purchase of land outside the limits of the Town of Lexington, said land to be used for an airport to be constructed under the Works Progress Administration and maintained in conjunction with the Towns of Bedford and Concord, and appropriate a sum of money therefor by transfer from available funds or by the issuance of bonds or notes, or act in any manner relating thereto. Article 5. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects, and provide funds therefor by transfer from available funds . Article 6. To see if the Town will vote, upon petition of Calvin W. Childs , to amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "30 (b) . At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet: and northeasterly by said Watertown Street 286.96 feet." Article 7. To see if the Town will vote, upon petition of Daniel J. O'Connell, to amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-i District the parcel of land described as follows : "A triangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corp. right of way distant 317.40 feet, containing about 27, 994 square feet." ---- --------- ------- 235 Article S. To see if the Town will vote, upon petition of Sarah A. Cutler, to amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-i District the parcel of land described as follows : "On the easterly side of Pleasant Street beginning at a point about 100 feet from the northerly line of the Cambridge Turnpike, extending northerly one hundred and fifty ( 150) feet, along Pleasant Street and of a depth of one hundred (100) feet, the southerly side of the said parcel being Clematis Brook." Article 9. To see if the Town will vote, upon petition of Eric S. Peterson, to amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "At the junction of Blossom Street and the new Concord Highway upon the southerly side of the new Concord Highway and the easterly side of Blossom Street, extending 150 feet easterly along the new Concord Highway and of a depth of 100 feet from the southerly line of the new Concord Highway throughout." Article 10. To see if the Town will vote to transfer the sum of $300.00 from the Sewer Construction Sundry Streets Account to the Sewer Maintenance Account. Article 11. To see if the Town will vote to appropriate and transfer funds to defray the expenses of the Lex- ington Town Meeting Association, or act in any manner relating 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 Clerk, on or before the time of said meeting. Given under our hands, at Lexington, this eighth day of September, A. D. , 1936. Charles E. Ferguson SELECTMEN Philip M. Clark Archibald R. Giroux OF Albert A. Ross r— William G. Potter LEXINGTON September 14, 1936. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington 236 SPECIAL TOWN MEETING HELD SEPTEMBER 21, 1936 The meeting was called to order by the Moderator, Robert H. Holt, at 8:07 P.M. There were 179 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meeting until upon motion of A. Edward Rowse, which was seconded, and voted unanimously, further reading was waived. 8:08 P.M. Article 1. Selectman Charles E. Ferguson moves to take up Article One, offering the following: Voted: That the Moderator appoint a Committee of five Town Meeting Members representative of all sections of the Town to study and investigate the Vine Brook Drainage situation, and to make recommendation to the Town at the Annual Town Meeting in 1937 as to the advisability of undertaking construction work to improve Vine Brook Drain- age. Carried unanimously 8:10 P.M. Article 2. Selectman Charles E. Ferguson moves to take up Article 2, offering the following : Voted: That the sum of $529.51 be transferred from the Trunk Line Sewer Construction Account to the Trunk Line Sewer Repairs Account. Chairman of the Appropriation Committee, A. Edward Rowse, presents report, without reading same, moving same be accepted and placed on file. Carried unanimous 8:13 P.M. Lexington, Mass. , September 15, 1936 REPORT OF THE APPROPRIATION COMMITTEE The Appropriation Committee makes the following report with reference to the Articles contained in the Town Warrant dated September 8, 1936, calling for a special Town Meeting to be held September 21, 1936. Article 1. To receive the report of any Board of Town Officers or of any Committee of the Town and to appoint other Committees . The Appropriation Committee makes no recommendation under this Article. Article 2. To see if the Town will vote to transfer the sum of $529.51 from the Trunk Line Sewer Construction Account to the Trunk Line Sewer Repairs Account. The Appropriation Committee recommends that under this Article the sum of $529.51 be appropriated _for Trunk Line Sewer Repairs, and thatthis amount be transferred from the Trunk Line Sewer Construction Account. Article 3. To see if the Town will vote to appropriate and trans- fer sums from available funds to the following accounts : Public Welfare Health Department Engineering Department Salaries Engineering Department Expenses Public Works, Supt's . Office - Salaries Public Works Building, Expenses Town Offices & Cary Memorial Bldg. Expenses Snow Removal Garbage Collection 237 The Appropriation Committee recommends that under this Article appropriations be made and that the amounts be trans- ferred from Excess & Deficiency account as follows : For Public Welfare $18,000.00 For Health Department 2,400.00 For Engineering Dept. Salaries 560.00 For Public Works, Supt 's . Office _- Salaries 271.00 For Public Works Building Expenses 865.00 For Town Offices & Cary Memorial Building Expenses 300.00 For Snow Removal 2,100.00 For Garbage Collection 600.00 Article 4. To see if the Town will vote to approve the purchase of land outside the limits of the Town of Lexington, said land to be used for an airport to be constructed under the Works Progress Administration and maintained in conjunction with the Towns of Bedford and Concord, and appropriate a sum of money therefor by transfer from available funds or by the issuance of bonds or notes, or act in any manner relating thereto. The Appropriation Committee recommends that this Article be indefinitely post- poned. Article 5. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by' the Selectmen for aid to persons employed on various projects, and provide funds therefor by transfer r— from available funds . The Appropriation Committee recommends that the sum of $5,000.00 be appropri- ated and transferred from the Excess & Deficiency Account. Article 6. To see if the Town will vote, upon petition of Calvin W. Childs, to amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 Dis- trict the parcel of land described as follows : "30 (b) . At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junc- tion 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; north- westerly by a line at right angles to said Watertown Street 98.97 feet; and north- easterly by said Watertown Street 286.96 feet." The Appropriation Committee makes no recommendation under this Article. Article 7. To see if the Town will vote, upon petition of Daniel J. O'Connell, to amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "A triangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corp. right of way distant 317.40 feet, containing about 27,994 square feet." The Appropriation Committee makes no recommendation under this Article. 0.4 Article 8. To see if the Town will vote, upon petition of Sarah A. Cutler, to amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "On the easterly side of Pleasant Street beginning at a point about 100 feet from the northerly line of the Cambridge Turnpike, ex- tending northerly one hundred and fifty (150) feet, along Pleasant Street and of a depth of one hundred (100) feet, the southerly side of the said parcel being Clematis Brook." The Appropriation Committee makes no recommendation under this Article. Article 9. To see if the Town will vote, upon petition of Eric S. Peterson, to amend the Lexington Zoning By- Law and Map by changing from an R-1 District to a - C-i District the parcel of land described as follows : "At the junction of Blossom Street and the new Concord Highway upon the southerly side of the new Concord Highway and the easterly side of Blossom Street, extending 150 feet easterly along the new Concord Highway and of a depth of 100 feet from the southerly line of the new Concord Highway throughout." The Appropriation Committee makes no recommendation under this Article. Article 10. To see if the Town will vote to transfer the sum of $300.00 from the Sewer Construction Sundry Streets Account to the Sewer Maintenance Account. The Appropriation Committee re- commends that the sum of $300.00 be appropriated for Sewer Maintenance and that this amount be transferred from Sewer Construction Sundry Streets Account. Article 11. To see if the Town will vote to appropriate and transfer funds to defray the expenses of the Lexington Town Meeting Association, or act in any manner relating thereto. The Appropriation Committee re- commends that this Article be indefinitely postponed. GENERAL COMMENTS ON THE WARRANT Trunk Line Sewer The additional money for Trunk Line Sewer Repairs Account is needed in order to raise some of the manholes in the old trunk line sewer inasmuch as the manholes are now below the flood level, thereby causing surface leakage into the sewer. Public Welfare The additional money is approved for the Public Welfare Department due to continued increased expenditures which ap- ._.. peared to start during the last six months of 1935 and have carried on into 1936. Health Department The additional funds have been approved for the Health Department for the reason that that Department has been sub- jected to unusual expenditures for hospitalization and other expenses on contagious diseases.ases. The �2 00 4 .00 provided believed to be sufficient to carry the Department throughthebalance of the year and to provide about $400.00 for the pur- chase of a new pump for the cart used by Mr. Canessa in pumping out cesspools, etc. Engineering Dept. Salaries The additional amount of $560.00 is required to cover the part-time salary of an additional engineer for the balance of the year and to provide the salary for an engineer transferred from the Water Department to the Engineering Department. The additional engineer is required to properly prepare preliminary requests in connection with proposed W.P.A. projects. Engineering Dept. Expenses The amount of $300.00 is requested by the Board of Select- men for labor in taking soundings in connection with the con- struction of culverts over Vine Brook. In view of the motion to be presented under Article 1 to form a Committee to investi- gate and make recommendations on Vine Brook Drainage, it seems to this Committee advisable not to provide this money until the Town has committed itself to the advisability of proceding with the whole Vine Brook Drainage project. Public Works-Supt's . Office Salaries The additional amount of $271.00 is required on account of the fact that former Superintendent Trask was allowed a vacation with pay after the new Superintendent took office and, therefore, there was a duplication of pay for that period. Also, additional money is required to increase the saaary of the present Superin- tendent from $3300.00 per annum to $4200.00 per annum, effective November 11th. Public Works Building Expenses The additional amount of $730.00 is required for general maintenance expenses due to the fact that certain expenses have been incurred which were not included in the 1936 budget as ap- proved and voted. Also, the sum of $135.00 is needed for the r- purchase of a new grease gun. Town Offices & Cary Memorial Bldg. Expenses The additional amount of $300.00 is required to cover the general maintenance expenses for the balance of the year. Snow Removal The additional amount of $2100.00 is required for minor equipment, labor, and insurance. Garbage Collection The additional money is required to provide for funds under a new contract. The old contract for Garbage Collection expires the latter part of September and the new contract will call for a larger expenditure than the old contract. Labor, Materials & Expenses on Public Works The Board of Selectmen have requested $8000.00 for this item of which $3000.00 is to be the cost of materials and expenses to constructculvertsover Vine Brook at East Street and Bowser's Road. In view of the motion to be presented under Article I to form a Committee to investigate and make recommendations on Vine r- Brook Drainage, it seems to this Committee advisable not to con- struct these culverts until the Town has committed itself as to the advisability of proceding with the whole Vine Brook Drainage project. The additional sum of $5000.00 is required to cover further expenses on the Mill Brook project, Clematis Brook project, Topographical Survey, Waltham Street Sidewalk, Moth Project, and other expenses . This money is all used on projects where the .abor is provided by the Federal Government on the so-called •P-A. Projects . N4) Sewer Maintenance The additional amount of $300.00 is required for service connections . Lexington Town Meeting Association The Appropriation Committee recommends indefinite post- ponement of this Article for the reason that the appropriation of funds for the purpose set forth in the Article would not be legal. Excess & Deficiency Account On September 1, 1935, the amount in our Excess & Deficiency account was *64,287.51. The amount in the Excess & Deficiency account which is available for transfer by vote of the Town Meeting is the difference between the amount in the Excess & Deficiency account and the uncollected delinquent real estate taxes . As of September 1st, the uncollected real estate taxes for 1935 and prior years amounted to *33,581.72. Subtracting this amount of *33,581.72 from the amount of 04,287.51 in the Excess & Deficiency account results in a balance of *30,705.79, which is the amount which was available for the use of the Town on September 1st. It will be observed that the transfers which the Appropriation Committee has approved from the Excess & Deficiency account total 30,096.00. Respectfully submitted, A. Edward Rowse Chairman Louis E. Yeager A. R. Soderberg Raymond L. White George M. Hynes Winthrop H. Bowker A. W. Tucker Appropriation Committee of the Town of Lexington The Moderator instructs the Town Clerk to note and cheek report as being filed. Article 2, as presented by Selectman Charles E. Ferguson pre- sented and carried unanimously, 8:13 P.M. Article 3. Selectman Charles E. Ferguson moves to take up Art- icle 3, reading same, each item being voted upon sep- arately, as follows : Voted: That the following sums be appropriated and trans- ferred from the Excess and Deficiency Account to the followingaccounts : Public Welfare *18,000.00 Carried unanimous 8:14 P.M. Health Department 2,400.00 Carried unanimous 8:15 P.M. Engineering Department-Salaries 560.00 Question by Mr. Arthur F. Hutchinson referring to report of Vine Brook Committee of 1930. Answered by Selectman Charles E. Ferguson. Moved by Mr. Arthur F. Hutchinson that same be laid upon table or indefinitely postponed. Moderator Robert H. Holt states that it must be one or the other, laid on table or indefinitelypostponed, askingwhich it shall p p s be, whereby Mr. Arthur F. Hutchinson moves for indefinite postponement. 241 The main question for indefinite postponement of the transfer of $560.00 was put to a vote, and the indefinite postponement was declared lost. Unanimous 8:19 P.M. The main question for the transfer of $560.00 for Engineers ' salaries was put to a vote, and declared carried unanimous 8:19 P.M. Engineering Department-Expenses $300.00 Carried unan. 8:23 P.M. Public Works, Superintendent 's Office-Salaries 271.00 Carried unan. 8:23 P.M. Public Works Building Expenses 865.00 Carried unan. 8:25 P.M. '® Town Offices & Cary Memorial Building-Expenses 300.00 Carried unan. 8:26 P.M. Snow Removal 2,100.00 Carried unan. 8:27 P.M. L Garbage Collection 600.00 Carried unan. 8:27 P.M. Article 4. Selectman Charles E. Ferguson moves to take up Article 4, at the same time moving that Article 4 be indefinitely post- poned. Mr. Walter E. Sands objectsto indefinite postponement, that the Town Meeting Members expected to vote on the article. The question of indefinite postponement of Article 4 was put to a voice vote, the result of same being doubted by the Moderator, whereby a rising vote was taken, results as follows : Yes Tellers No 31 Roger D. Long 5 51 Neil McIntosh 46 17 Charles M. Blake 14 99 65 Indefinite postponement carried 8:31 P.M. -- Article 5. Selectman Charles E. Ferguson moves to take up Article 5, offering the following: Voted: That the sum of $8,000.00 be appropriated for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects, and that to provide funds for this appropriation, the sum of $8,000.00 • be transferred from the excess and deficiency account. Amendment to the motion made by Mr. A. Edward Rowse, Chair- man of the Appropriation Committee, that the amount be changed to read $5,000.00 instead of $8,000.00 Mr. Arthur F. Hutchinson refers to Metcalf-Eddy report. General discussion from following speakers, Glynn, Houghton, Rowse, Duffy, Worthen, Farnham, Spellman, and Ryder. The amendment of A. Edward Rowse, to reduce the amount from $8,000.00 to $5,000.00 was put to a vote and declared lost. Unanimous 8:56 P.M. The original motion as presented for $8,000.00 was voted upon and declared carried. Unanimous 8:57 P.M. Article 6. Selectman Charles E. Ferguson moves to take up Article 6. Mr. A. Edward Rowse calls the attention to the Moderator of Article 5, that under Chapter 90, General Laws, such vote should be by two-thirds majority, whereby the Moderator called for a standing vote, with results as follows : Yes Tellers No 27 Roger D. Long 4 81 Neil McIntosh 3 31 Charles M. Blake 0 139 7 Declared carried 8:58 P.M. Z42, 01 Selectman Charles E. Ferguson moves to take up Article 6, whereby Mr. Lyon Carter offered the following motion. Voted: That the Town amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; north- westerly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet. Mr. Carter asked that the privilege be granted Mr. Calvin W. Childs to address the Town Meeting Members. The Town Meeting Members having voted no objections, Mr. Childs explained his proposition and reasons for his request. Mr. Neil H. Borden, Chairman of the Planning Board, reads report. Report of the Planning Board on the Following Proposed Amendment, as it Appears Under Article 6 in the Warrant for the Town Meeting, to be Held September 21, 1936: To amend the Lexington Zoning By-Law by changing from an R-1 (Residential) District to a C-1 (Commercial) District the parcel _ of land described as follows : "At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet." A public hearing was held on September 17, 1936 on the proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board now submits a final report with recommendations to the Town Meeting. Each year, since work was startedon the Concord Turnpike, the subject of the treatment of the adjoining property has been a major item in the program of the Planning Boards . This fall the Board crystallized its opinions and has presented a comprehensive report to the Town as a whole. Although that report was prepared previous to the receipt of this particular petition, it is hereby made a part of this report. in arriving at the decision to report adversely on this amendment the Board is governed by the following considerations : (1) Safety to the traveling public is of the utmost import- ance, and the intersection of Watertown Street and the Turnpike is the most dangerous Turnpike intersection in Lexington, not only because of the volume of heavy traffic, but because of the top- ' top- ography of land. This contention is supported by the police records, which show that for 1935 and so far this year, 44% of all the accidents along the Lexington portion of the Turnpike have at this intersection. Anything that even tends to increaseocom-rea com- plexity at such an intersection is not for the public good. (2) While the Board cannot fairly consider in its deliberations the question of personal gain or loss, the very fundamentals of sound zoning are to protect existing values. Any business enterprise at this point is not in the best interest of either other business areas or to the protection of property rights in the immediate vicinity. (3) The Board has specifically recommended an area approximately two miles west for the paired gasoline stations deemed most suitable for the highway, and it is convinced that its plan is far superior to this spot from the standpoints of safety to motorists, effect on r— real estate value, and development of the highway. (4) There is at present no zoning by-law establishing areas for the sale of gasoline, oil, and auto accessories only. Until the Town Meeting can consider this problem, the Board hopes that no action will be taken by the Town to establish a C-i zone on the new'road. The Board feels that priority of petitioning should not determine the granting of such areas and believes the Town accordingly shouldnot rush into precipitate zone changes . Accordingly it rec- ommends to the Town Meeting that this petition be denied. Edward W. Kimball Clem H. Ferguson Donald E. Nickerson Lester F. Ellis John A. Sellars Motion of Mr. Lyon Carter seconded by Mr. William H. Ballard. General discussion, following speakers, Dr, James J. Walsh, '- John H. Devine, William R. Greeley, Edwin B. Worthen, Robert L. Ryder, Arthur F. Hutchinson, Ernest Cutter, Clarence Shannon. Motion to amend Zoning By-Laws under Article 6 was put to a standing vote as follows: Yes Tellers No 25 George H.B. Green 7 89 Neil McIntosh 14 30 Charles M. Blake 2 144 23 Declared carried by two-thirds vote - 10:45 P.M. Article 9. Mr. Arthur F. Hutchinson moves to take up Article 9, offering the following: Voted: To amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : At the junction of Blossom Street [— and the new Concord Highway upon the southerly side of the new uoncord Highway and the easterly side of Blossom Street, extending 150 feet easterly along the new Concord Highway and of a depth of 100 feet from the southerly line of the new Concord Highway throughout. 244 0-1 Remarks by Mr. Robert L. Ryder. �C Mr. Neil H. Borden, Chairman of the Planning Board, reads report of Planning Board. Report of the Planning Board on the Following Proposed Amendment, as it Appears Under Article 9 in the Warrant for the Town Meeting, to be Held September 21, 1936 To amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "At the junction of Blossom Street and the new Concord Highway upon the southerly side of the new Concord Highway and the easterly side of Blossom Street, extending 150 feet easterly along the new Concord Highway and of a depth of 100 feet from the southerly line of the new Concord Highway throughout.+c A public hearing was held on September 17, 1936 on the Proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board. now submits a final report with recommendations to the Town Meeting. This petition for a business zone goes counter to the recom- mendations laid down in the plan for the development of the Cambridge- Concord Turnpike submitted to the Town Meeting Members by the Planning Board, which may be considered a part of this report. In this plan the Board advises the minimum of business necessary to serve passing motor- ists and recommends specifically paired stations at a single point on the highway in the level area one half mile to the west of the spot involved here. While the spot sought by the applicant as a zone for erection of a gasoline station is judged from the standpoints of danger and interI] - ference with traffic movement to be less objectionable than those involved in other petitions presented (or to be presented) to this Town Meeting, the Board does not feel that the Town should grant any peti- tion for a business zone for sale of gasoline on the highway unless it is satisfied that the application meets as nearly as possible the ideal desired and is in the best interests of the Town and of the motoring public. Mere priority of application is not considered dd- equate reason for granting of such petitions . The needs of the motoring public for gasoline service on this highway are not so pressing that the Town should rush into precipitate and unwise zoning changes . The chief objections to this zone change are : (1) It is far inferior to the area recommended by the Board for any gasoline station to be permitted by the Town. (2) It is at the entrance of an overpass intersection to the highway, deemed undesirable from a traffic safety standpoint. ( 3) The view of a gasoline station to eastbound motorists would be limited to some extent by the sharp grade west of the Waltham Street overpass and would be limited very greatly to westbound motor- ists by the sharp grade from Blossom Street and the high rocky cliffs bordering this grade. I] (4) While a station might be erected on the opposite side of the highway to give avoidance of crossing of motorists, such a station would be undesirable from the standpoint of visibility to motorists from the east who would be its patrons . (5) Finally, it must be pointed out that the applicant seeks a C-1 zone, which the Board feels undesirable for this highway. Although igh ay. it is unfortunate that a limitedg asoline zone is not available to applicants at this Town Meeting, the Board believes C-i zones should not be granted. 245 In view of these considerations, the Board recommends that the petition be denied. Neil H. Borden Clem H. Ferguson Lester F. Ellis Edward W. Kimball Donald E. Nickerson John A. Sellars Motion to amend Zoning By-Laws under Article 9 was put to a standing vote as follows: Yes Tellers No 15 George H. B. Green 7 53 Neil McIntosh 37 20 Charles M. Blake 5 88 49 Not being a majority two-thirds vote, amendment declared lost. 11 P.M. Article 7. Mr. William E. Mulliken moves to take up Article 7, offer- ing the following: Voted: That the Town amend the Lexington Zoning By-Law and map by changing from an R-i District to a C-1 District, the following described parcel of land: "A triangular parcel of land. bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street dis- tant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corp. right of way distant 317.40 feet, containing about 27,994 square feet." Mr. Mulliken asks the privilege be granted Mr. Daniel J. O'Connell to address the Town Meeting Members from the floor, which was granted unanimously. Mr. Neil H. Borden, Chairman of the Planning Board, reads the report of the Planning Board. Report of the Planning Board on the Following Proposed Amendment, as it Appears Under Article 7 in the Warrant for the Town Meeting, to be Held September 21, 1936. To amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "A triangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corp. right of way distant 317.40 feet, containing about 27,994 square feet." A public hearing was held on September 17 1936, on the proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Board believes that the fundamental of sound zoning is to protect property values through adherance to established zones, unless a change is justified by public need. It believes that the Town should not grant to any owner of peculiarly located or otherwise unusable tracts the privileges of business or other special uses unless such uses are clearly proven to be required. Former Boards have expressed the opinion that the areas already zoned for business were laid down for a population growth very considerably in excess of both what had actually occurred or might be reasonably expected for some time to come. The unprofitable uses of many buildings around the Town convinces the present Board that these opinions apply at present, and that there is no necessity for additional business areas at this time. 246 That there is no demand for additional business in this particular locality is evinced by the lack of business development in the area now zoned for business along Woburn Street on the opposite side of the railroad track. The Town has recognized the advisability of protecting its heavy investment in public buildings by establishing a solid residen- tial area on this side of Massachusetts Avenue from Vine Brook south. The Planning Board believes that the future needs of the Town will require the acquisition of not only this tract of land but the land intervening between this lot and the present Town Hall lot -4 in order to provide adequate facilities for the police, fire, and other departments of the Town. It also believes that the changing of this wedge into a business area is unsound zoning and that no change should be made until there is a definite public need or until a civic use for it can be found. In view of these considerations, the Planning Board recom- mends to the Town Meeting that this petition be denied. Neil H. Borden Edward W. Kimball Clem H. Ferguson Lester F. Ellis Donald E. Nickerson John A. Sellars Remarks by Edward W. Kimball, Eugene T. Buckley, Dr. Clar- ence Shannon, Leigh V. Farnham, George W. Sarano and Arthur F. Hutchinson. Motion to amend Zoning By-Laws under Article 7 was put to a standing vote as follows : Yes Tellers No 12 George H.B. Green 7 52 Neil McIntosh 23 23 Charles M. Blake 7 87 37 Being a majority two-thirds vote, amendment declared carried. 11:15 P.M. Article 10. Selectman Charles E. Ferguson moves to take up Article 10, offering the following: Voted: That the sum of $300.00 be transferred from the 1 Sewer Construction Sundry Streets Account to the Sewer Maintenance Account. Carried unanimous 11:16 P.M. Article 11. Selectman Charles E. Ferguson moves to take up Article 11, at the same time moving that Article 11 be indefinitely postponed. Indefinite postponement carried unanimously 11:17 P.M. Article 8. Selectman Charles E. Ferguson moves to take up Article 8. Mr. Burroughs takes the floor to speak in favor of Article 8. Moderator Robert H. Holt informs speaker, as yet no motion before meeting. 247 Mr. Arthur F. Hutchinson offers motion as follows : Voted: To amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "On the easterly side of Pleasant Street beginning at a point about 100 feet from the northerly line of the Cambridge Turnpike, extending northerly one hun- dred and fifty (150) feet, along P'.easant Street and of a depth of one hundred (100) feet, the southerly side o-f the said parcel being Clematis Brook." Mr. Neil H. Borden, Chairman of the Planning Board, reads report of the Planning Board. Report of the Planning Board on the Following Proposed Amendment, as it Appears Under Article 8 in the Warrant for the Town Meeting, to be Held September 21, 1936. To amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : "On the easterly side of Pleasant Street beginning at a point about 100 feet from the northerly line of the Cambridge Turnpike, extending northerly one hundred and fifty (150) feet, along Pleasant Street and of a depth of one hundred (100) feet, the southerly side of the said parcel being Clematis Brook." A public hearing was held on September 17, 1936, on the proposed amendment, after the notices given in accordance with the Lexington By-Law, and the Planning Board now submits a final report with recommendations to the Town Meeting. This petition for a business zone goes counter to the recom- mendations laid down in the plan for the development of Cambridge- Concord Turnpike submitted to the Town Meeting Members by the Planning Board, which may be considered a part of this report. In this plan the Board advises the minimum of business zones necessary to serve passing motorists, and recommends specifically the scheme of paired stations at a single point on the highway in the level area approximately a mile to the west of the spot involved here. The chief objections to a zone change for this area are: (1) It is inferior as a gasoline station site, from the stand- points of safety and effect on property values, to the area recommended by the Board. (2) It is located on an intersection, deemed undesirable from a traffic safety standpoint. (3) Visibility for westbound traffic is limited because of a high rock embankment on the highway to the east of the area. (4) A C-1 zone is sought, undesirable from the standpoint of development of the highway. Although it is unfortunate that the limited gasoline zone is not available to applicants at this Town Meeting, the Board believes C-i zones should not be granted. The Board feels that the Town should not grant any petition for a business zone for sale of gasoline on the highway unless it is satisfied that the application meets as nearly as possible the ideal desired and is in the best interests of the Town and of the motoring public. Mere priority of application is not considered adequate reason for granting of such petitions . The needs of the motoring public for gasoline service on this highway are not so pressing that the town should rush into precipitate and unwise zoning changes . In view of these considerations, the Board recommends to the Town Meeting that this petition be denied. Neil H. Borden Clem H. Ferguson Donald E. Nickerson Lester F. Ellis Edward W. Kimball John A. Sellars 2.48 e Mr. Burroughs granted permission by Town Meeting Members to speak from the floor. Motion to amend Zoning By-Laws under Article 8 put to a standing vote as follows : Yes Tellers No 0 George H. B. Green 12 4 Neil McIntosh 52 1 Charles M. Blake 19 5 83 In accordance with two-thirds vote required, same not obtained, __.. amendment declared lost. 11:26 P.M. All articles being dispensed with, the Moderator, Robert H. Holt, declares the meeting is dissolved. Unanimous 11:27 P.M. A true record: Attest: Town r -rk 249 WARRANT FOR STATE ELECTION 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 you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Elections to meet in ADAMS SCHOOL, East Lexington (Precinct 1) CARY MEMORIAL BUILDING, Lexington Center (Precinct 2, Precinct 3, and Precinct 4) on TUESDAY, the THIRD day of NOVEMBER, 1936, at six o'clock A. M. to cast their ballots for the following officers : Presidential Electors; Governor; Lieutenant Governor; Secretary; Treasurer; Auditor; Attorney General; Senator in Congress; Rep- resentative in Congress ; Councillor; Senator; Two Representatives in General Court; Register of Probate and Insolvency; Two County Commissioners ; County Treasurer; One Clerk of the Courts ( to fill vacancy) , And to take action on the following questions: QUESTION 1. "Shall sections twenty-six to thirty-one H, inclusive, of chapter thirty-two of the General Laws, inserted therein by section one of an act of the general court passed in the current year entitled 'An Act providing for Contributory Retirement Systems for Cities and Towns that may be Accepted by Them, and making Certain Other Changes in the Laws relative to Retirement Systems ' , Yes enabling cities and towns which accept it to establish contribu- tory retirement systems for their employees, be accepted?" No QUESTION 2 . To obtain a full expression of opinion, voters should vote on all three of the following questions :- (a) If a voter desires to permit the sale in this town of any and all alcoholic beverages to be drunk on and off the pre- mises where sold, he will vote "Yes" on all three questions. (b) If he desires to Permit the sale herein of wines and malt beverages only to be drunk on and off the premises where sold, he will vote "No" on question one, "Yes" on question two and "No" on question three. (c ) If he desires to permit the sale herein of all alcoholic beverages but only in Packages, so called not to be drunk on the premises where sold, he will vote "No" on questions one and two and "Yes" on question three . (d) If he desires to permit the sale herein of wines and malt beverages to be drunk on and off the premises where sold r- and in addition other alcoholic beverages but only in packages, so called, not to be drunk on the premises where sold, he will vote f°No" on question one and "Yesrr on questions two and three. (e) If he desires to prohibit the sale herein of any and all alcoholic beverages whether to be drunk on or off the premises where sold, he will vote t'No" on all three questions. 1. Shall licenses be granted in this town for the sale therein of all alcoholic beverages (whiskey, rum, in, malt beverages, wines and all other alcoholic beverages? Yes No 250 2. Shall licenses be granted in this town for the sale �R therein of wines and malt beverages (wines and beer, ale and Yes all other malt beverages ) ? No 3. Shall licenses be granted in this town for the sale therein of all alcoholic beverages in packages, so called 'Yes not to be drunk on the premises? No QUESTION 3. QUESTION OF PUBLIC POLICY UNDER GENERAL LAWS (Tercentenary Edition) Chapter 53, Section 19 "Shall the Representatives in the General Court from this district be instructed to vote in favor of amending the State constitution for the purpose of limiting the amount of taxes, for all purposes , which may be legally levied against any real Yes estate within the Commonwealth to a sum not exceeding $25.00 for each one thousand dollars of assessed valuation?" INo The polls will be open at 6:00 A. M. and "-w411 remain open until 8:00 P.M. 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 the return on this Warrant, with your doings thereon, to the Town Clerk, on or before the tim . of said meeting. Given under our hands , at Lexington, this twentieth day of October, A. D. , 1936. CHARLES E. FERGUSON PHILIP M. CLARK SELECTMEN ._. ARCHIBALD R. GIROUX OF ALBERT A. ROSS LEXINGTON WILLIAM G. POTTER October 26, 1936. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest : PATRICK J. MAGUIRE Constable of Lexington. 251 STATE ELECTION November 3, 1936 The following election officers had been appointed by the Selectmenand were assigned to duty ,at the four precincts as ' follows : Precinct One Precinct Two �" Charles J. Dailey Warden Irving B. Pierce Bartlett J. Harrington Inspector Lucius Austin George Foster Inspector Randall Richards Mary E. Stankard Clerk John H. Dacey Mary A. Rowland Teller ' Arthur L. Hanson Donald Cameron Teller Edward McGrory Pauline E. Bartlett Teller Elizabeth Nourse George F. Stygles Teller Madeline J. Corbett Frank A. Cook, Jr. Teller Barbara O'Connor Mabelle S. Peavy Teller William S. Bramhall DeTrafford Smith Teller Mary J. Ferry Arthur W. Hughes Teller Jesse Condinho • Additional officers added by Irving B. Pierce, 'Warden D John J. Kelley - 8 Muzzey St. , Lex. Marjorie Pierce -59 Forest St.,Lex. relieved at 11:30 A.M. (undeclared) and replaced by R Eleanor T. Husted - 36 Kendall Rd.- D Ruth Ray - 4 Muzzey Street R George V. Morse - Vine Brook Road Precinct Three Precinct Four 7- Hiram W. Jackson Warden Howard E. Custance L Frederick Tullar Inspector William E. Mulliken Charles E. Moloy, Jr. Inspector Katherine Kiernan Emma Hovey Inspector P C. E. Collieson Inspector Lillian S. Tullar Inspector - John McKearney Clerk Frank Maguire John Corcoran Teller James J. Waldron Maurice Woodward Teller Margaret Merrick J. J. McCormick Teller Charles P. McEnroe Henry Meade Teller Carl Hauck Esther Graham Teller Joseph Cosgrove Edward B. O'Connor Teller Agnes Hall Samuel Wellington Teller Robert Cady Teller Madeline Peterson Additional officers added by Howard E. Custance, Warden R Josephine F. Waldron R Frank Herrick D Norman Talcott, Jr. D Sarah E. Comley D Mary A. Spellman r- R Marie Mowat Town Clerk James J. Carroll read the Warrant for the State Election until further reading was waived by motion of Irving B. Pierce, which was seconded and declared a unanimous vote. The polls were declared open in each precinct at six A. M. , and remained open in each precinct until eight P.M., at which time after due notice, they were closed. . The election officers were sworn to the faithful performance of their duties . The ballots were _counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. 252 The total registration of voters was 5614 (five thousand six hundred fourteen) . Precinct 1. Total number of voters : 1510 Fifteen hundred ten Precinct 2. Total number of voters: 1356 Thirteen hundred fifty-six Precinct 3. Total number of voters: 1362 Thirteen hundred sixty-two Precinct 4. Total number of voters: 1386 Thirteen hundred eighty-six The Town Clerk and Board of Registrars canvassed the result as follows : Precinct 1. Ballots cast: 1404 Fourteen hundred four Precinct 2. Ballots cast: 1283 Twelve hundred eighty-three Precinct 3. Ballots cast: 1305 Thirteen hundred five "r Precinct 4. Ballots cast: 1290 Twelve hundred ninety Total vote cast: 5282 Five thousand two hundred eighty- two President and Vice President - Pre. 1. Pre. 2. Pre. 3. Pre. 4. Total Aiken andTeichert 2 0 0 0 2 Browder and Ford 2 0 1 0 3 Colvin and Watson 0 1 1 0 2 Landon and Knox 832 924 862 871 3489 Lemke and O'Brien 80 19 49 50 198 Roosevelt and Garner 464 314 371 349 1498 Thomas and Nelson 3 3 2 4 12 Blanks 21 22 19 16 78 Total 1404 1283 1305 1290 5282 Governor Fred G. Bushold 9 5 12 4 30 Alfred H. Evans 3 0 1 0 4 John W. Haigis 848 939 893 863 3543 Horace 1. Hillis 3 0 1 0 4 `" Otis Archer Hood 3 1 3 1 8 Charles F. Hurley 467 297 343 341 1448 Alfred Baker Lewis 3 0 3 3 9 William H. McMasters 47 25 31 44 147 Blanks 21 16 18 34 89 Total 1404 1283 1305 1290 5282 Lieutenant Governor Henning A. Blomen 10 2 2 2 16 Freeman W. Follett 2 1 2 3 8 Walter S. Hutchins 8 2 2 7 19 Francis E. Kelly 443 275 351 328 1397 Leverett Saltonstall 877 974 922 907 3680 Paul C. Wicks 6 1 2 1 10 Blanks 58 28 24 42 152 Total 1404 1283 1305 1290 5282 Secretary , Frederic W. Cook 936 994 922 927 3779 Ralph Dow 10 3 4 8 25 "" George L. McGlynn 6 0 5 5 16 Mary E. Moore 5 2 7 1 15 Joseph Santosuosso 382 248 323 294 1247 AL Blanks 65 36 44 55 200 Total 1404 1283 1305 1290 5282' Y 253 Treasurer Thomas Gilmartin - 4 1 2 1 8 Mabelle M. Groves 2 1 6 1 10 Harold J. Hatfield 11 5 9 8 33 Eva Hoffman 2 1 2 1 6 James M. Hurley 378 244 345 306 1273 William E. Hurley 931 992 909 920 3752 Sylvester J. McBride 10 3 5 4 22 Blanks 66 36 27 49 178 — Total 1404 1283 1305 1290 5282 Auditor Lyman M. Aldrich 1 5 3 6 15 ' Thomas H. Buckley 413 281 351 328 1373 Richard Darby 3 1 6 4 14 Elizabeth Donovan 12 4 7 5 28 Alfred Haase 2 1 3 1 7 Walter J. Hogan 5 1 3 2 11 Russell A. Wood 886 940 890 886 3602 Blanks 82 50 42 58 232 Total 1404 1283 1305 1290 5282 Attorney General Morris Berzon 10 3 5 5 23 Paul A. Dever 474 317 384 368 1543 Felix Forte 841 918 867 843 3469 George F. Hogan 1 2 5 13 21 Fred E. Oelcher 7 2 2 2 13 Michael Tuysuzian _ - 3 1 2 1 7 Blanks 68 40 40 58 206 r- Total 1404 1283 1305 1290 5282 Senator in Congress Alonzo. B. Cook 6 15 3 9 33 Albert Sprague Coolidge 4 2 4 3 13 James ,M. Curley 384 238 318 273 1213 Ernest L. Dodge 2 2 4 5 13 Charles Flaherty -2 1 2 1 6 Guy M. Gray 10 4 1 4 19 Moses H. Gulesian 4 6 6 7 23 Henry Cabot Lodge, Jr. 886 950 890 891 3617 Wilbur D. Moon 0 2 0 1 3 Thomas C. O'Brien 69 34 156 59 21.8 Wilbur J. McCrady 0 0 0 2 2 Blanks 37 29 21 35 122 Total 1404 1283 1305 1290 5282 Congressman Daniel J. Coughlin 305 196 269 242 1012 John- T. Kevin, Jr. 29 5 7 16 57 ri Edith Nourse Rogers 985 1011 971 955 3922 Wilbur J. McCrady 24 26 28 30 108 Blanks 61 45 30 47 183 Total 1404 1283 1305 1290 5282 Councillor James J. Brennan 399 252 354 319 1324 Eugene A.F. Burtnett 851 943 866 867 3527 Kenneth W. Frederick 17 11. 15 11 54 Edward I. Robinson 17 10 13 8 48 Blanks 120 67 57 85 329 Total 1404 1283 1305 1290 5282 254 0-1 Senator Pre. 1. Pre. 2. Pre. 3. Pre. 4. Total Walter J. Cleary 363 214 315 271 1163 ' Joseph R. Cotton 970 1017 951 955 3893 Thomas C. O'Brien 0 0 0 1 1 Blanks 71 52 39 63 225 Total 1404 1283 1305 1290 5282 Representatives in General Court William B. Barry 434 262 356 337 1389 4 - Nelson B. Crosby 777 877 814 796 3264 Hollis M. Gott 775 879 816 786 3256 John E. Mitchell 348 200 315 241 1104 Blanks 474 348 309 420 1551 Total 2808 2566 2610 2580 10564 Register of Probate and Insolvency Francis E. Burke 516 365 447 473 1801 Loring P. Jordan 787 868 817 745 3217 Eileen O'Connor Lane 15 4 3 6 28 Blanks 86 46 38 66 236 Total 1404 1283 1305 1290 5282 County Commissioners Nathaniel I. Bowditeh 748 863 804 769 3184 Robert Butler 19 5 10 8 42 Howard Fitzpatrick 344 222 333 259 1158 Angelo Massiello 16 5 6 8 35 Edward A. Rose 314 204 270 274 1062 Walter C. Wardwell 819 887 820 800 3326 f ""' Blanks 548 380 367 462 1757 Total 2808 2566 2610 2580 10564 County Treasurer Mary Eubanks 20 9 12 11 52 Charles E. Hatfield 873 959 892 875 3599 Thomas F. Mackey 403 254 341 315 1313 Blanks 108 61 60 89 318 Total 1404 1283 1305 1290 5282 Clerk of Courts Edward L. Ford 412 253 357 322 1344 John R. MacKinnon 875 955 896 872 3598 V. Philip Torigian 15 6 12 8 41 Blanks 102 69 40 88 299 Total 1404 1283 1305 1290 5282 License No. 1 Yes 609 403 452 495 1959 No 590 672 663 586 2511 Blanks 205 208 190 209 812 Total 1404 1283 1305 1290 5282 255 License No. 2 Yes 628 416 451 515 2010 No 534 602 629 532 2297 Blanks- 242 265 225 243 975 Total 1404 1283 1305 1290 5282 License - No. 3 Yes 853 686 667 706 2912 No 374 403 477 387 1641 Blanks 177 194 161 197 729 Total 1404 1283 1305 1290 5282 Contributory Retirement Yes 644 566 627 575 2412 • No 309 291 298 268 1166 Blanks 451 426 380 447 1704 Total 1404 1283 1305 1290 5282 Tax Limitation Yes 844 730 755 768 3097 No 225 28 262 194 949 Blanks 335 285 288 328 1236 Total 1404 1283 1305 1290 5282 J A true record: Attest: f\ 2',%4-,„.... /°.... e;/5,/ Tawkierk [- 1 1 256 01 ATTORNEY GENERAL'S APPROVAL CHANGE IN LEXINGTON ZONING BY-LAW SPECIAL TOWN MEETING HELD SEPTEMBER 21, 1936 Article 7. Mr. William E. Mulliken moves to take up Article 7, offering the following: Voted: That the Town amend the Lexington Zoning By-Law and map by changing from an R-1 District to a C-i District, the following described parcel of land: "A triangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the south- west by Woburn Street distant 320.22 feet, and on the northeast by the Boston and Lowell Railroad Corp. right of way distant 317.40 feet, containing about 27,994 square feet." Mr. Mulliken asks the privilege be granted Mr. Daniel J. O'Connell to address the Town Meeting Members from the floor, which was granted unanimously. Mr. Neil H. Borden, Chairman of the Planning Board, reads the report of the Planning Board. Remarks by Edward W. Kimball, Eugene T. Buckley, Dr. Clarence Shannon, Leigh V. Farnham, George W. Sarano and Arthur F. Hutchinson. Motion to amend Zoning By-Laws under Article 7 was put to a standing vote as follows : Yes Tellers No 12 George H. B. Green 7 52 Neil McIntosh 23 23 Charles M. Blake 7 87 37 Being a majority two-thirds vote, amendment declared carried. 11:15 P.M. li Lexington, Massachusetts October 6, 1936 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass. do hereby certify that the above is a true and exact copy of Article 7 as passed at a special Town Meeting held September 21, 1936, and as same appears of record. James J. Carroll • Town Clerk Boston, October 13, 1936. The within zoning law is hereby approved. Paul A. Dever Attorney general 257 ATTORNEY GENERAL'S APPROVAL SECOND ADJOURNED TOWN MEETING HELD MARCH 23, 1936 Selectman Mr. Ferguson moved to take up Article 29, presenting g the following: Art. 29. Voted: That the Collector of Taxes shall turn over to r— the Town Treasurer daily his collections of the previous day, and Carried Unanimous 8:44 P.M. Voted: That the Town Collector shall turn over to the Town Treasurer daily his collections of the pre- vious re- vious day. Carried Unanimous 8:44 P.M. Selectman Mr. Ferguson moved to take up Article 30, presenting the following: Art. 30. Voted: That the General By-Laws of the Town of Lexington be amended by adding at the end of Article X, Section 1, the words "and of such accounts shall turn over to the Town Treasurer daily his collec- tions for the previous day." , and Carried Unanimous 8 :45 P.M. Voted: That the General By-Laws of the Town of Lexington be amended by adding to Article X a new section to be as follows : "Section 2. The Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous day." Carried Unanimous 8:46 P.M. r— Selectman Mr. Ferguson moved to take up Article 31, presenting the following: Art. 31. Voted: That the Town Clerk shall turn over to the Town Treasurer all fees received by him as Town Clerk. Carried Unanimous 8:47 P.M. Selectman Mr. Ferguson moved to take up Article 32, presenting the following: Art. 32. Voted: That the General By-Laws of the Town of Lexington be amended by adding to ARTICLE XVII a new section, to be as follows : "Section 3. The Town Clerk shall turn over to the Town Treasurer all fees received by him as Town Clerk." Carried Unanimous 8:47 P.M. Lexington, Mass . September 25, 1936 I, James J. Carroll, Town Clerk of Town of Lexington, do hereby certify the above to be exact copies of Articles 29, 30, 31, and 32 as voted at a Second Adjourned Town Meeting held March 23, 1936, and as same appears of record. James J. Carroll Town. Clerk Boston, November 6, 1936. The foregoing amendments to the by-laws of the Town of Lexington are hereby approved. Paul A. Dever Attorney General 258 ATTORNEY GENERAL'S APPROVAL SPECIAL TOWN MEETING HELD SEPTEMBER 21, 1936 Selectman Charles E. Ferguson moves to take up Article 6, whereby Mr. Lyon Carter offered the following motion. Voted: That the Town amend the Lexington Zoning By-Law and Map by changing from an R-1 District to a C-1 District the parcel of land described as follows : At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet. Mr. Carter asked that the privilege be granted Mr. Calvin W. Childs to address the Town Meeting Members. The Town Meeting- Members having voted no objections , Mr. Childs explained his proposition and reasons for his request. Mr. Neil H. Borden, Chairman of Planning Board, reads report. Motion of Mr. Lyon Carter seconded by Mr. William H. Ballard. General discussion, following speakers, Dr. James J. Walsh, John H. Devine, William R. Greeley, Edwin B. Worthen, Robert L. Ryder, Arthur F. Hutchinson, Ernest Cutter, Clarence Shannon. Motion to amend Zoning By-Laws under Article 6 was put to a standing vote as follows : Yes Tellers No 25 George H.B. Green 7 89 Neil McIntosh 14 30 Charles M. Blake 2 144 2 Declared carried by two-thirds vote - 10:45 P.M. Lexington, Massachusetts October 6, 1936 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass. , do hereby certify that the above is a true and exact copy of Article 6 as passed at a special Town Meeting held September 21, 1936, and as same appears of record. James J. Carroll Town Clerk Boston, November 6, 1936. The foregoing amendment to the zoning laws of the Town of —' Lexington is hereby approved. Paul A. Dever Attorney General 259 RECOUNT HELD DECEMBER 5, 1936 SELECTMEN'S ROOM, TOWN OFFICE BUILDING Per instructions received November 30, 1936 from Secretary of State a recount of votes cast November 3, 1936 for the office of Lieutenant Governor was held Saturday, December 5, 1936. Recount called to order by George H. Lowe, Chairman of Board of Registrars at 9 A.M. Credentials of representatives presented. The following tellers were sworn to the faithful performance of their duties by James J. Carroll, Town Clerk. Precinct 1. Charles J. Dailey D Richard E. Truesdell R Precinct 2. Eugene T. Buckley D- Irving B. Pierce R Precinct 3. Hiram W. Jackson R John McCormack D Precinct 4. Howard E. Custance R Frank J. Maguire D Figures of Recount as follows: Lt. Governor Pr. 1 Pr. 2 Pr. 3 Pr. 4 Totals Henning A. Blomen 10 2 2 2 16 Freeman W. Follett 2 1 2 3 8 Walter S. Hutchins 8 2 2 7 19 -- Francis E. Kelly 440 275 351 326 1392 Leverett Saltonstall 880 974 923 909 3686 Paul C. Wicks 6 1 2 1 10 Blanks 58 28 23 42 151 Totals 1404 1283 1305 1290 5282 The following changes were made by Precincts . Precinct 1. Kelly lost 3 - Saltonstall gained 3. Precinct 2. No change. Precinct 3. Saltonstall gained 1 - Blanks lost 1. Precinct 4. Kelly lost 2 - Saltonstall gained 2. The above changes announced and made public whereby George H. Lowe, Chairman of Board of Registrars, declared recount closed at one o'clock P.M. - Attest: A true record: r— C1,7. , Board of Registrars a cL� Town 'lerk 260 0-1 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 andin town affairs, to meet in the Cary Memorial Building, in said Lexington, on Monday, the seventh day of December, 1936, at 8:00 P.M. then and there to act on the following articles : Article 1. To receive the report of any Board of Town Officers -- or of any Committee of the Town and to appoint other Committees. Article 2 . To see if the Town. will vote to appropriate and transfer sums from available funds to the following accounts : Public Welfare Removal of Snow and Ice Public Works Building Equipment Old Age Assistance Workmen's Compensation and Public Liability Insurance Elections & Registrations Highway Department Equipment Article 3. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects , and provide funds therefor by transfer from available funds . Article 4. To see if the Town will vote to appropriate and transfer money from available funds for the unpaid bills for the year 1934 in the following account: Health. Department, $56.00. Article 5. To see if the Town will vote to appropriate and transfer money from available funds for the unpaid bills for the year 1935 in the following accounts: Health Department, $84.00; Police Department, $25.00. Article 6. To see if the Town will vote to appropriate and transfer the sum of $150. for the payment of tuition of pupils attending Vocational School or act in any manner relating thereto. Article 7 . To see if the Town will vote to transfer a sum of money from the Interest Account to the Excess and Deficiency Account. Article 8. To see if the Town will vote to transfer a sum of money from the Highway Maintenance Salaries Account to the Excess and Deficiency Account. Article 9. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets : Arcola Street; Bartlett Ave; Pearl Street; Ridge Road; Stratham Road; Taft Avenue. Article 10. To see if the Town will vote to accept a bequest of the late Frederick L. Emery to be held by the Town in trust to permit the Lexington Field and Garden Club to apply the income toward the beautification of public places in the Town as more fully set forth in the will of the late Frederick L. Emery. Article 11. To see if the Town will grant to the United State of America an easement to use the portion of the property at the corner of Massachusetts Avenue and Grant Street known as the Harrington property between the present exterior line of Massachusetts Avenue and the building line heretofore established by the Town on said property substantially in accordance with a form of deed on file with the Town Clerk, a copy of which is open to public inspection. 261 Article 12. To see if the Town will vote to amend the Zoning By-Law and Map by adopting any or all of the following amendments thereto or take any action thereon:- 1. By substituting for Section 1 thereof the following :- "Section 1. For the purposes set forth in General Laws , Chap- ter 40, sections 25 to 30A inclusive (as amended by Statute 1933, Chapter 269) and under the authority thereof, and of General Laws, Chapter 143, and any other laws it thereto enabling, the inspection, materials, construction, alteration and repair, height, area, location and use of buildings and structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the ZoningMap p prepared by 3. Henry Duffy, Town Engineer, and filed with the Town Clerk, March 17, 1924, and all amendments thereto, which Map as amended is hereby made a part of this By-Law." 2. By adding to Section 2. Definitions, the following:- (f) A throughway is any State Highway primarily developed for through traffic, with a general taking of not under 100 feet in width. 3. By inserting between the second and third paragraphs of Section 3, (a) the following:- "T.1 indicates trunk-highway districts with specially res- tricted uses, located adjacent to a throughway." 4. By changing Section 3. (b) after the heading "R.1 Districts" to read as follows :- "Every part of the Town not shown upon the zoning map as amended and not hereinafter specifically designated as R.2, T.1, C.1 and M.1 Districts." 5. By changing the numbering of the paragraphs under Section 3 --a (b) as follows :- Change paragraphs numbered 11 to 30a inclusive to become 1 to 21 inclusive. Change paragraphs numbered 31 and 32 to become 1 and 2. 6. By inserting in Section 4 between the paragraphs relating to R.2 Districts and those relating to C.l Districts the following: "In T.1 Districts :- All uses that are permitted under R.1 and R.2, but subject to any conditions and restrictions set forth therein and the following subject to the provisions of Section 9. 1. Retail gasoline, oil and greasing stations. 2. Sale and installation of tires and other automobile access- ories." Article 13. To see if the Town will vote, upon petition of Eric S. Peterson, to amend. the Lexington Zoning By-Law and Map by changing from an R.1 District to a C.1 District the parcel of land described as follows: - "Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout." ""- Article 14. To see if the Town will vote, upon petition of Sarah A. Cutler, to amend the Lexington Zoning By-Law and Map by changing from an R.l District to a C.1 District the parcel of land bounded and described as follows: "On the easterly side of Pleasant Street, beginning at a point 100 feet north of the Concord Turnpike and extending north along Pleasant Street for a distance of 150 feet, from there running easterly for about 400 feet to a point on the Concord Turnpike 100 feet east of where Clematis Brook goes under the Concord Turnpike, and bounded on the south by the Concord Turnpike and Clematis Brook." 262 Article 15. To see if the Town will vote, upon petition of Ernest DeVincent, to amend the Lexington Zoning By-Law and Map by changing from an R.1 District to a C.1 District the parcel of land bounded and described as follows : "Beginning at a point at the southwesterly inter- section of Pleasant Street and the Cambridge-Concord Turnpike and running along said turnpike in a general westerly direction 320 feet, thence turning and running due south 140 feet, thence turning and running easterly on a line parallel to the Cambridge- Concord Turnpike 130 feet to Pleasant Street, thence turning and running in a northeasterly direction along Pleasant Street 210 feet to the point of beginning." 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-fourth day of November, A. D. , 1936. Charles E. Ferguson Philip M. Clark SELECTMEN Archibald R. Giroux OF William G. Potter LEXINGTON Albert A. Ross November 28, 1936. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town nine days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington. 263 SPECIAL TOWN MEETING HELD DECEMBER 7, 1936 Meeting called to order at 8:12 P.M. by Robert H. Holt, Moderator. There were 149 Town Meeting Members present. James J. Carroll, Town Clerk, read the Warrant for the meeting until motion of Selectman Philip M. Clark, which was seconded. Further reading of the warrant was waived. Carried Unanimous 8 :13 P.M. James J. Carroll, Town Clerk, read the Constable's return of the Warrant. Article 1. Selectman Charles E. Ferguson moved to take up Article 1. A. Edward Rowse, Chairman of the Appropriation Committee, presented report of the Appropriation Committee, which voted unanimously to be accepted and placed on file, said report as follows : Lexington, Mass. , December 3, 1936 REPORT OF THE APPROPRIATION COMMITTEE The Appropriation Committee makes the following report with reference to the Articles contained in the Town Warrant dated Novem- ber 24th, 1936, calling for a special Town Meeting to be held December 7th, 1936. ARTICLE 1. To receive the report of any Board of Town Officers or of any Committee of the Town and to appoint other Committees . The Appropriation Committee makes no recommendation under this Article. r— ARTICLE 2. To see if the Town will vote to appropriate and transfer sums from available funds to the following accounts: Public Welfare Removal of Snow and Ice Public Works Building Equipment Old Age Assistance Workmen's Compensation and Public Liability Insurance Elections and Registrations Highway Department Equipment The"Appropriation Committee recommends that under this Article appropriations be made and that the amounts be transferred from Excess & Deficiency Account as follows: For Public Welfare $7,000.00 For Removal of Snow and Ice 3,000.00 For Public Works Building Equipment 129.00 For Old Age Assistance 1,000.00 For Workmen's Compensation and Public Liability Insurance 3,873.41 For Elections and Registrations 232.10 For Highway Department Equipment 1,030.55 Public Welfare The additional money approved for the Public Welfare Department is needed to cover the expenses of the Department for the balance of the year and to cover payment of bills due other Cities and Towns. If set- tlement is not made with all of the Cities and Towns where it is hoped to obtain settlements, it is anticipated that there will be an unexpend- ed balance in the Public Welfare Department which on December 31st will be automatically transferred to the 1936 Revenue account and from that account will be transferred to Excess & Deficiency. Therefore, while your Committee feels that the amount recommended for appropriation may be slightly in excess of the money needed it is believed good judgement to provide the amount which has been requested so that there may be no delay on the part of Lexington in making settlements with other Cities and Towns . 264 tV Snow Removal The additional money is approved to cover some equipment replace- ments and repair and to cover the probable expense of snow and ice removal for the balance of the year. If we have the good fortune of a small amount of snow between now andthe end of the year it is believed probable that there will be an unexpended balance in this account which will automatically find its way back to the Excess & Deficiency Account. Public Works Building Equipment The appropriation of $129.00 is approved for the purchase of a jack which is urgently needed. # Old Age Assistance The additional money is approved for Old Age Assistance to cover probable expenditures for the balance of the year, together with the amount necessary for payment of bills due other Cities and Towns . Your Committee feels the same regarding this appropriation as it does with respect to the additional appropriation for Public Welfare. Workmen's Compensation and Public Liability Insurance The money approved for this item is to cover the advance insurance premium for the period September 1, 1936 to September 1, 1937. It will be remembered that your Committee in its annual Report for 1936 stated that in an endeavor to charge compensation insurance to each separate department instead of carrying it in the general insurance account each department was being charged for its compensation insurance costs . Your Committee stated that the same held true for public liability insurance. It has now been determined that in a number of accounts insufficient money was provided to pay for the workmen's compensation and public liability insurance, and it therefore has been deemed advisable to reestablish an insurance account to cover this cost, but it is recommended that this insurance account be kept separate and distinct from the account for fire and sprinkler insurance. Elections & Registrations The additional money approved for Elections & Registrations is due to greater expenses than anticipated in connection with the election which was held November 3rd, and also a part of the additional money is needed to cover the cost of a recount of the votes cast for Lieutenant-Governor. Highway Department Equipment The additional money approved is to cover the purchase cost of a new truck. The total cost of the new truck will be $1180.55 and an allowance will be secured on old trucks turned in of $150.00. The Superintendent of Public Works has stated that the old trucks can not be registered another year inasmuch as they are not fit for any further service. ARTICLE 3. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects, and provide funds therefor by transfer from available funds. The Appropriation Committee recommends that under this Article the sum of $4000.00 be appropriated and that this amount be transferred from Excess & Deficiency Account. �. The additional amount of $4000.00 approved for this item is to cover the probable expenses for materials and other items needed from January 1st to April 1st, 1937, to carry on projects where the labor is provided by the Federal Government on the so-called W.P.A. Projects. This additional money needed has been determined in the following manner: For Mill Brook $1048.00 For Clematis Brook 1018.00 For East Lexington Skating Rink 321.00 For Topographical Survey 50.00 For Tree Work 544.00 For Office Expenses 966.00 Total $3947.00 265 ARTICLE 4. To see if the Town will vote to appropriate and transfer money from available funds for the unpaid billsfor the year 1934 in the following account: Health Department 06.00. The Appropriation Committee recommends that under this Article the sum of 556.00 be appropriated for Health Department 1934 Bills, and that this amount be trans- ferred from Excess & Deficiency Account. This unpaid bill of the Health Department was presented by Dr. W.W. Harrington, and was not rendered until 1936. r— ARTICLE 5. To see if the Town will vote to appropriate and transfer money from available funds for the unpaid bills for the year 1935 in the following accounts : Health Department $84.00; Police Department $25.00 The Appropriation Committee recommends that under this Article appropriations be made andthat the amounts be transferred from Excess & Deficiency Account as follows: For Health Department 1935 Bills - $84.00 For Police Department 1935 Bills - 25.00 These unpaid bills of the Health Department and Police Department are bills presented by Dr. W.W. Harrington which were not rendered until 1936. ARTICLE 6. To see if the Town will vote to appropriate and transfer the sui of $150.00 for the payment of tuition of pupils attending Vocational School or act in any manner relating thereto . The Appropriation Committee recommends that this Article be indefinitely postponed. The School Committee has informed the Appropriation Committee that it was felt the additional money would be needed for two new pupils attending Vocational School but both pupils have decided not to attend r— for which reason no further money is required. ARTICLE 7. To see if the Town will vote to transfer a sum of money from the Interest Account to the Excess and Deficiency Account. The Appropriation Committee recommends that under this Article the sum of $3500.00 be transferred from the Interest on Debt Account to Excess & Deficiency Account. The transfer of $3500.00 approved from the Interest on Debt Account j to the Excess & Deficiency Account is an excess in the Interest Account brought about because of the lbw interest rates prevailing on loans which have been made this year. ARTICLE 8. To see if the Town will vote to transfer a sum of money from the Highway Maintenance Salaries Account to the Excess & Deficiency Account. The Appropriation Committee recommends that under this Article the sum of $800.00 be transferred from the Highway Maintenance Salaries Account to Excess & Deficiency Account. The amount of $800.00 approved for transfer from the Highway Maintenance Salaries Account to the Excess & Deficiency Account is a surplus in the Highway Maintenance Salaries Account caused by the fact that the salary of Mr. John O'Connor, designated as Assistant to the Superintendent of Highways , has, for a good part of the year been charged to the account for Labor, Materials and Expenses on Public Works . The salary for Mr. O'Connor was provided for in the Highway Maintenance Salaries Account. ARTICLE 9. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: Arcola Street; Bartlett Ave. ; Pearl Street ; Ridge Road; Stratham Road; Taft Avenue. 26( swom The Appropriation Committee recommends the installation of street lights in the streets as designated. This will involve no additional appropriation inasmuch as there is sufficient money in the Street Lights Account to cover the expense which may be incurred for the balance of the year. ARTICLE 10. To see if the Town will vote to accept a bequest of the late Frederick L. Emery to be held by the Town in trust to permit the Lexington Field and Garden Club to apply the income toward the beauti- fication of public places in the Town as more fully set forth in the will of the late Frederick L. Emery. The Appropriation Committee makes no recommendation under ._.. this Article. ARTICLE 11. To see if the Town will grant to the United States of America an easement to use the portion of the property at the corner of Massachusetts Avenue and Grant Street known as the Harrington property between the present exterior line of Massachusetts Avenue and the building line heretofore established by the Town on said property sub- stantially in accordance with a form of deed on file with the Town Clerk, a copy of which is open to public inspection. The Appropriation Committee makes no recommendation under this Article. ARTICLE 12 . To see if the Town will vote to amend the Zoning By-Law and Map by adopting any or all of the following amendments thereto or take any action thereon:- 1. By substituting for Section 1 thereof the following:- "Section 1. For the purposes set forth in General Laws, Chapter 40, sections 25 to 30A inclusive (as amended by Statute 1933, Chapter 269) and under the authority thereof, and of General Laws, Chapter 143, and any other laws it thereto enabling, the inspection, materials, construction, alteration and repair, height, area, location and use of buildings and structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the Zoning Map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk, March 17, 1924, and all amendments, thereto, which Map as amended is hereby made a part of this By-Law." 2. By adding to Section 2. Definitions , the following:- (f) A throughway is any State Highway primarily developed for through traffic, with a general taking of not under 100 feet in width. 3. By inserting between the second and third paragraphs of Section 3, ( a) the following:- "T.1 indicates trunk-highway districts with specially re- stricted uses, located adjacent to a throughway." 4. By changing Section 3. (b) after the heading t"R.1 Districts" to read as follows :- "Every part of the Town not shown upon the zoning map as amended and not hereinafter specifically designated as R.2, T.1, C.l and M.1 Districts." 5. By changing the numbering of the paragraphs under Section 3 (b) as follows :- Change paragraphs numbered 11 to 30a inclusive to become 1 to 21 inclusive. Change paragraphs numbered 31 to 32 to become 1 and 2. 6. By inserting in Section 4 between the paragraphs relating to R.2 Districts and those relating to C.1 Districts the , following:- "In T.l Districts: - All uses that are permitted under R.1 and R.2 but. sub- ject to any conditions and restrictions set forth therein and the following subject to the provisions of Section 9. 1. Retail gasoline, oil and greasing stations. 2 . Sale and installation of tires and other auto- mobile accessories." The Appropriation Committee makes no recommendation under this Article. 267 ARTICLE 13. To see if the Town will vote, upon petition of Eric S. Peterson, to amend the Lexington Zoning By-Law and Map by changing from an R.l District to a C.1 District the parcel of land described as follows : "Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout." The Appropriation Committee makes no recommendation under r— this Article. ARTICLE 14. To see if the Town will vote, upon petition of Sarah A. Cutler, to amend the Lexington Zoning By-Law and Map by changing from an R.1 District to a C.1 District the parcel of land bounded and des- cribed as follows : "On the easterly side of Pleasant Street, beginning at a point 100 feet north of the Concord Turnpike and extending north along Pleasant Street for a distance of 150 feet, from there running easterly for about 400 feet to a point on the Concord Turnpike 100 feet east of where Clematis Brook goes under the Concord Turnpike, and bounded on the south by the Concord Turnpike and Clematis Brook." The Appropriation Committee makes no recommendation under this Article. ARTICLE 15. To see if the Town will vote, upon petition of Ernest DeVincent, to amend the Lexington Zoning By-Law and Map by changing from an R.1 District to a C.1 __:District the parcel of land bounded and des- cribed as follows :- "Beginning ollows :-"Beginning at a point at the southwesterly intersection of Pleasant Street and the Cambridge-Concord Turnpike and run- ning along said turnpike iii a general westerly direction 320 feet, thence turning and running due south 140 feet, thence turning and running easterly on a line parallel to the Cambridge-Concord Turnpike 130 feet to Pleasant Street, thence turning and running in a northeasterly direction along Pleasant Street 210 feet to the point of beginning." The Appropriation Committee makes no recommendation under this Article. Excess and Deficiency On December 1, 1936, the amount in our Excess & Deficiency Account was $36,977.72, and the amount of uncollected Real Estate Taxes for 1935 amounted to $18,076.31. Subtracting this amount of $18,076.31 from the amount of $36,977.72 in the Excess & Deficiency Account results in a balance of $18,901.41, which is the amount available for the use of the Town on December 1st. If the Town approves the transfers of $3500.00 from Interest on Debt Account and $800.00 from Highway Main- tenance Salaries Account the amount in the Excess & Deficiency Account available for the use of the Town will be increased to $23,201.41. It will be observed that the transfers which the Appropriation Committee have approved from the Excess & Deficiency Account total $20,430.06. Respectfully submitted, A. Edward Rowse Chairman Raymond L. White Edward W. Sibley George M. Hynes A. W. Rucker L. E. Yeager A. Randall Soderberg V inthrop H. Bowker Appropriation Couluiittee of the Town of Lexington 268 Article 7. Selectman Charles E. Ferguson moves to take up Article 7 offering the following: VOTED that the sum of $3500. be transferred from the Interest Account to the Excess and Deficiency Account. Carried Unanimous 8:15 P.M. Article 8. Selectman Charles E. Ferguson moves to take up Article 8 offering the following: VOTED that the sum of $800. be transferred from the Highway Maintenance Salaries Account to the Excess and Deficiency Account. Carried Unanimous 8:16 P.M. _. Article 2. Selectman Charles E. Ferguson moves to take up Article 2 offering the following: VOTED that the following amounts be appropriated and trans- ferred from the Excess & Deficiency Account: Public Welfare $7,000.00 Carried Unanimous 8:17 P.M. Removal of Snow and Ice 3,000.00 Carried Unanimous 8 :17 P.M. Public Works Building Equipment 129.00 Carried Unanimous 8:18 P.M. Old Age Assistance 1,000.00 Carried Unanimous 8:18 P.M. Workmen°s Compensation & Public Liability Insurance 3,873.41 Carried Unanimous 8:19 P.M. Elections & Registrations 232.10 Carried Unanimous 8:19 P.M. Highway Department Equipment 1,030.55 Carried Unanimous -8:20 P.M. Article 3. Selectman Charles E. Ferguson moves to take up Article 3 offering the following: VOTED that the sum of $4,000. be appropriated for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects, and for this purpose this amount be transferred from the Excess and Deficiency Account. Carried Unanimous 8:21 P.M. Article 4. Selectman Charles E. Ferguson moves to take up Article 4 offering the following: VOTED that the following amount be appropriated and trans- ferred from the Excess and Deficiency Account for the unpaid billsfor the year 1934 of the following account : Health Department, $56.00. Carried Unanimous 8:22 P.M. Article 5. Selectman Charles E. Ferguson moves to take up Article- 5 offering the following: VOTED that the following amounts be appropriated and transferred from the Excess and Deficiency Account for the unpaid bills for the year 1935 of the following accounts: Health Department, $84.00; Police Dept. , y$.25.O0. Carried Unanimous 8:23 P.M. Article 6. Selectman Charles E. Ferguson moves for indefinite post- ponement of this Article. Ifldefinite postponement carried unanimous 8:24 P.M. Article 9. Selectman Charles E. Ferguson moves to take up Article 9 offering the following: VOTED that the Selectmen be authorized to install street lights in the following unaccepted streets: Arcola Street Carried Unanimous 8:24 P.M. Bartlett Avenue Carried Unanimous 8:24 P.M. Pearl Street Carried Unanimous 8:25 P.M. Ridge Road Carried Unanimous 8 :25 P.M. Stratham Road Carried Unanimous 8:26 P.M. Taft Avenue Carried Unanimous 8:26 P.M. 269 Article 10. Selectman Charles E. Ferguson moves to take up Article 10 offering the following: VOTED that the Town accept a bequest of $5,000. -from the estate of the late Frederick L. Emery, and hold the same in trust for the purposes set forth in the will of the said Frederick L. Emery. Unanimous By Rising Vote 8:27 P.M. Article 11. Selectman Charles E. Ferguson moves to take up Article 11. Sydney R. Wrightington, Town Counsel, offers the following: VOTED: That the Town grant to the United States of America an easement to use the portion of the Property at the corner of Massachusetts Avenue and Grant Street which was conveyed to the Town by Caroline A. Harrington by deed dated April 1, 1932, recorded with Middlesex South District Deeds, Book 5637, page 219, for the purposes defined in the deed here- inafter mentioned, subject to the agreement of the grantor contained in the said deed that the grantor is in no event to be liable for any damages for any erection or structure in or on said parcel at the time of any widening ,or relo- cation of Massachusetts Avenue, and that a majority of the Selectmen be and they hereby are authorized to execute and deliver and the Town Treasurer to countersign a deed to the United States of America granting the said easement in the form submitted to this meeting, and the signatures of the said officers thereto shall be sufficient t-o identify the said deed referred to in this vote for all purposes . Carried Unanimous 8:30 P.M. - Article 12. Selectman Charles E. Ferguson moves to take up Article 12. Neil H. Borden of the Planning Board presents Article 12, stating that same would be voted upon in three parts as follows : Voted: That the Lexington Zoning By-Law and Map be amended, (1) By substituting for Section 1 thereof the following:- "Section 1. For the purposes set forth in General Laws, Chapter 40, sections 25 to 30A inclusive (as amended by Statute 1933, Chapter 269) and under the authority - thereof, and of General Laws , Chapter 143, and any other Sec. laws it thereto enabling, the inspection, materials, con- • struction, alteration and repair, height, area, location 1 and use of buildings and structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the Zoning Map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk, March 17, 1924, and all amendments thereto which Map as amended is hereby made a part of this By-Law. ' Article 12 Voted: That the Lexington Zoning By-Law and Map be amended, (5) . By changing the numbering of the paragraphs under r- Section 3 (b) as follows :- Sec. Change paragraphs numbered 11 to 30A inclusive to become 1 to 21 inclusive. Change paragraphs numbered 31 and 32 to become 1 and 2. Article 12 Voted: That the Lexington Zoning-By-Law and Map be Sec. amended as follows: 3 2. By adding to Section 2. Definitions, the follow- ing:- i z71) ( f) A throughway is any State Highway primarily developed for through traffic, with a general taking of not under 100 feet in width. 3. By inserting between the second and third paragraphs of Section 3, (a) the following:- . "T.1 ollowing:- "T.l indicates trunk-highway districts with specially re- stricted uses, located adjacent to a throughway." 4. By changing Section 3. (b) after the heading "R.l Districts" to read as follows : - "Every part of the Town not shown upon the zoning map as -- amended and not hereinafter specifically designated as R.2, T.1, C.1 and M.1 Districts ." 6. By inserting in Section 4 between the paragraphs relating to R.2 Districts and those relating to C.1 Districts the following: "In T.l Districts :- All uses that are permitted under R.1 and R.2, but subject to any conditions and restrictions set forth therein and the follow- ing subject to the provisions of Section 9. 1. Retail gasoline, oil and greasing stations. 2. Sale and installation of tires and other automobile access- ories." Neil H. Borden reads report. Report of the Planning Board on the following proposed amendment as it appears under Article 12 in the warrant for the Town Meeting to be held December 7, 1936. To amend the Lexington Zoning By-Law and map by adopting any or all of the following amendments : (1) By substituting for Section 1 thereof the following: "Section 1. For the purposes set forth in General Laws, Chapter 40, Sections 25 to 30A inclusive ( as amended by Statute 1933, Chapter 269) and under the authority thereof, and of General Laws, Chapter 143, and any other laws it thereto enabling, the inspection, materials, construction, alteration and repair, height, area, location, and use of buildings and structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the Zoning Map prepared by J. Henry Engineer, filed with the Town Duffy, Town and Clerk, March 17, 1924, and all amendments thereto, which Map as amended is hereby made a part of this By-Law." (2) By adding to Section 2. Definitions , the following: ( f) A throughway is any State Highway primarily developed for through traffic, with a general taking of not under 100 feet in width. (3) By inserting between the second and third paragraphs of Section 3 (a) the following: "T.1 indicates trunk-highway districts with specially restricted uses, located adjacent to a throughway." (4) By changing Section 3.(b) after the heading "R-I Districts" to read as follows : "Every part of the Town not shown upon the zoning map as amended and not hereinafter specifically designated as R-2, T-1, C-1, and M-1 Districts." I (5) By changing the numbering of the paragraphs under Sec- tion 3 (b) as follows : Change paragraphs numbered 11 to 30a inclusive to be- come 1 to 21 inclusive. Change paragraphs numbered 31 and 32 to become 1 and 2. 271 (6) By inserting in Section 4 between the paragraphs re- lating to R-2 Districts and those relating to C-1 Districts the following: "In T-1 Districts : All uses that are permitted under R-1 and R-2, but subject to any conditions and restrictions set forth therein and the following subject to the provi- sions of Section 9. 1. Retail gasoline, oil and greasing stations. 2. Sale and installation of tires and other auto- mobile accessories . The first part of Section One of Article 12 was put to a vote and carried unanimously 8:34 P.M. Neil H. Borden reads final report. A public hearing was held on December 1, 1936, on the proposed amendments after the notices given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Planning Board recommends the adoption of all the amendments in this article. Amendment No. 1 was instigated by the Town counsel in order that the Lexington Zoning By-Laws might rest upon the broad- ened scope of power given to towns to enact zoning by-laws, carried in the Statutes of 1933, Chapter 269. There is some indication in certain Supreme Court decisions that the court might question whether a by-law enacted before 1933 and not purporting to be an exercise of the powers given by the Statutes of 1933, Chapter 269, would be interpreted in a subsequent litigated case in the light of the authority given by that statute. Accordingly, it seems de- sirable for the Town, by an expressed amendment subsequent to the enactment of that statute, to mention it as a source of authority. Thus the Town may avoid in some future litigation being annoyed by a claim of defense based on the theory that the Town had failed to claim the statute's authority. There is no change of substance of the Town By-Laws made by the new wording, but a demonstration is given that the Town claims whatever power is given under the new statute. Amendment 5 provides merely for a more orderly numbering of paragraphs under Section 3-(b) of the zoning by-laws. The para- graphs in the several divisions of this section were originally numbered consecutively. As amendments have been adopted for inser- tion in these divisions , it has been necessary to resort to use of letters in conjunction with numerals . A provision for separate numbering of the paragraphs in each division of this section will permit a simpler andclearer arrangement and will in no way change the substance of the by-laws. Amendments 2, 3, 4, and 6 of this article deal with the establishment of a new T.l or trunk highway zone. The business uses to be permitted in a T.l zone, given in amendment 6, are re- stricted to those of a complete gasoline service station, including sale of gasoline, oil, and greasing service, and the sale and in- stallation of tires and other automobile accessories. This new T.1 zone would apply only to areas adjacent to Lia throughway, which is defined in amendment 2. The establishment of a T.1 zone is devised to give the Town a better control over business development along trunk-highways than is provided under present zoning provisions. The O.1 or com- mercial zone, for which applicants for filling stations on these highways must now apply, will, if granted, permit the use of the property for a wide variety of commercial uses on the area. In other words, anyone granted a C.1 zone, ostensibly for a gasoline filling station, could use such premises at any later time for a hot-dog stand, , a dance hall, an amusement park, or other types of business that might be highly detrimental to the adjacent neighbor- hood eighbor-hood and dangerous to traffic on a main, high-speed road. 272 cn As in a previous report, the Planning Board recommends that business on throughways such as the Cambridge-Concord Turnpike be kept at a minimum and restricted solely to gasoline stations. Its chief reason for recommending that other than this minimum of necessary business be kept off is to provide a maximum of safety for motorists and pedestrians on th se high-speed, dense traffic arter- ies. A business zone means friction and confusion of traffic. Fric- tion and confusion of traffic means retarding of traffic movement and accidents . In addition, the Board stresses the importance of protecting the future residential development of the town by prevent- ing an unsightly and unsafe development along these highways . In order that persons who request sites for gasoline stations may be held subsequently to the type of business for which they make re- quest, the T.l or gasoline zone is devised. The basis for such restriction of use rests in the need not merely of protecting ad- jacent residential property values, but also of saving the lives and health of those using these heavily travelled, high-speed throughways. If at any time the Town should find reason to permit other types of business upon any throughway, the proposed zone will not interfere. Applicants desiring to carry on types of business other than gasoline station service may apply for a C.l or commercial zone. In such instances, however, the Town Meeting members will know to what future uses the land may be devoted and can decide whether it appears advisable to depart from the recommended policy of granting only gasoline stations on a throughway. In the mean- time, if the Town does wish to restrict business on throughways or any part thereof to gasoline stations, the new zone will provide desired protection. Neil H. Borden Edward W. Kimball D. E. Nickerson Lester F. Ellis Clem H. Ferguson Edward W. Kimball of the Planning Board offered the following --' motion: Moved: That Section 2 of the motion before the Meeting be changed by substituting the words, "Right of Way less than ' for the words "taking of not under" so that the Section shall read ( f) A throughway is any State High- way primarily developed for through traffic=; with a general Right of Way not less than 100 feet in width". Question by Norman C. Hooper why reference should be made as State Highway. Motion made by Norman C. Hooper that word be stricken out. Norman C. Hooper withdraws his motion. General discussion by the following speakers : Harold B.Lamont, Neil H. Borden, Francis E. Burke, John H. Devine, Sydney R. Wright- ington, Senator Joseph R. Cotton and Francis Chamberlain. The Moderator appoints the following tellers to obtain a two- thirds vote : Robert D. Mayo Eugene G. Kraetzer Richard E. Rowse Question by William R. Greeley if entire question could be considered under one vote. Answered by Moderator - It could. Motion made by John H. Devine that entire question be voted under one vote. Carried Unanimous 9 :18 P.M. 273 The tellers as appointed by the Moderator counted the results as follows : In Favor Tellers Opposed 36 Mayo 5 49 Kraetzer 16 17 R. Rowse 4 102 25 Declared Carried 9:20 P.M. Art. 13. Mr. Robert L. Ryder moves to take Up Article 13. Mr. Francis E. Burke moves that article 13, 14, and 15 be taken up together as one article. The Moderator rules same should be taken up one at a time. Robert L. Ryder, under Article 13, offers the following: VOTED: To amend the Lexington Zoning By-Law and Map by changing from an R.1 District to a C.1 District the parcel of land described as follows :- "Beginning at a point 200 feet easterly of the junc- tion of the easterly line Of Blossom Street with the south- erly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout." Question by William E. Mulliken concerning T.1 description. Neil H. Borden, Planning Board, states proper protection on file. William E. Mulliken moves Article 13 be indefinitely postponed. r— 9:32 P.M. Neil H. Borden, Planning Board, presents report as follows: Report of the Planning Board on the following proposed amendment as it appears under Article 13 in the warrant for the Town Meeting to be held December 7, 1936. To amend the Lexington Zoning By-Law and map by changing from an R-1 District to a C-i District the parcel of land described as follows : Beginning at a point 200 feet easterly of the junction at the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout. A public hearing was held on November 19, 1936, on the proposed amendment after the notices given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. In its report at the last Town Meeting, the Planning Board r" expressed its opinion regarding business zones on the Cambridge- Concord Turnpike, as follows : ( i) That no business be permitted other than the minimum of gasoline service stations necessary to care for passing motorists . (2) That the minimum necessary appeared to be a pair of stations just west of the Waltham Street overpass. These recommendations were believed to be in the best in- terests of the Town because they reduced to a minimum the danger to motorists on such a high-speed artery, had the least adverse effect upon established property values, and involved a minimum of interfer- ence with future residential development of the area adjacent to the highway. 274 ' The action taken at the September Town Meeting, counter to these recommendations, however, has altered the situation. While it would appear that the one station granted at Watertown Street might be considered adequate to care for the needs of pass- ing motorists, the existence of a single station at that point only on the highway within the town presents some difficulties : ( 1) Motorists coming from the West would find it necessary to cross the highway near the corner at Watertown Street in order to get service, and would thus tend to increase traffic hazards . (2) The station at Watertown Street alone would not serve to relieve residents along the highway in the western and central -- parts of town who complain of being bothered by motorists in need of gasoline. Accordingly, since the Town has seen fit to establish a gasoline station on the northerly side of the highway near the eastern edge of the town, there is reason for establishment of a station on the southerly side of the highway towards the western border of the town. While the location requested in this petition is not con sidered ideal in that it is some distance from the western border of town, it does meet the requirement of being on the southerly side of the highway. Thus far the Board has received no indication that a property owner on the southerly side of the highway at a point west of this location plans to request a business zone. The location is acceptable from the standpoint of safety in en- trance and egress of patrons . It is away from an intersection and permits driveway connections with long and easy curvatures. In addition, it provides a 700-foot unobstructed view to motorists approaching from the west, who would be the patrons of a station on this site. The Planning Board believes that the policy of establish- ing a single business spot in an otherwise residential area is bad policy, that the Town would have followed much sounder zoning if it had established the paired business areas originally rec- ommended. No nearby property owners object to this spot zone, however, and in view of the reasons cited, the Board recommend favorable action on this petition. Neil H. Borden Edward W. Kimball Clem H. Ferguson Lester F. Ellis D. E. Nickerson Remarks by Frederic L. Fischer, Neil H. Borden, Leigh V. Farn- ham. Sydney R. Wrightington rises for point of order. Moderator rules in favor of Mr. Sydney R. Wrightington. Vote taken on motion of William E. Mulliken for indefinite postponement of Article 13, which was declared lost 9:40 P.M. Vote taken on original motion, count taken by same appointed tellers as follows : In Favor Tellers Opposed 34 Mayo 2 65 Kraetzer 0 19 R. Rowse 0 118 2 Motion Carried 9:42 P.M. Art. 15. Francie E. Burke moves to take up Article 15, offering the following: 275 Moved that the Lexington Zoning By-law and map be amended by changing from an R-1 District to a C-1 District the parcel of land bounded and described as follows: Beginning at a point at the south westerly intersection of Pleasant Street and the Cambridge. Concord. Turnpike and run- ning along said Turnpike in a general westerly direction 320 feet, thence turning and running dueTeasterly on a line parallel to the Cambridge Concord Turnpike 130 feet to Pleasant Street thence turning and running in a northeaster- ly direction along Pleasant Street 210 feet to the point of beginning. isouth 140 feet, thence turnip g and running Richard S. McCabe asks permission to address the meeting from the platform. No objection. Picture slides shown of the location in question. Neil H. Borden reads report of the Planning Board as follows : Report of the Planning Board on the following proposed amendment as it appears under Article 15 in the warrant for the Town Meeting to be held December 7, 1936. To amend the Lexington Zoning By-Law and map by changing from an R-1 District to a C-1 District the parcel of land described as follows : Beginning at a point at the south-westerly intersection of Pleasant Street and the Cambridge-Concord Turnpike and running along said turnpike in a general westerly direction 320 feet, thence turning and running due south 140 feet, thence turning and running easterly on a line parallel to the Cambridge-Concord Turnpike 130 feet to Pleasant Street, thence turning and running in a northeasterly direction along Pleasant Street 210 feet to the point of beginning. A Public hearing was held on November 19, 1936, on the r- proposed amendment after the notices given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Board recommends that this petition be denied. The petitioner has ' gone to considerable trouble to provide a safe lay- out for a gasoline station at this site through an arrangement of roadways providing safe entry and egress for patrons. Moreover, the site is on the southerly side of the highway and, as laid out, would provide a safer service for east-bound traffic than would be provided by a sole station on the site already granted at Watertown Street. On the other hand, although the layout suggested by the petitioner appears acceptable, time generally brings change of own- ership or other developments, and the granting of a business zone carries for the Town no guarantee of continuance of any proposed layout. Should the petition be granted, the Town would have a business zone at an intersection with 340 foot frontage on the high- way and 200 feet on Pleasant Street . The Board again expresses itself as opposed to the location of a filling station at an in- tersection and directs attention to the fact that this site would carry in the future threat of a gasoline station at an intersection in a less desirable form than that proposed by the petitioner. r- Moreover, the Board is of the opinion that if the Town is to grant a gasoline site on the southerly side of the highway, it should be farther to the West, in order to relieve residents adjoining the highway in the westerly part of the town from the bother of having to assist motorists in distress . Finally, certain adjoining prop- erty owners have not expressed approval of the granting of a zone for a filling station at this location. Neil H. Borden Clem H. Ferguson Edward W. Kimball Lester F. Ellis D. E. Nickerson 1 276 Remarks by Leigh V. Farnham, Pierre A. Northrup, William R. Greeley, and Robert L. Ryder. The count on the original motion of Article 15 was taken by the same appointed tellers as follows : In Favor Tellers Opposed 0 Mayo 31 18 Kraetzer 45 6 R. Rowse 14 24 90 Motion Lost 10:17 P. M. -- Article 14. Under Article 14 Neil H. Borden volunteers to present motion under article for Mrs . Sarah A. Cutler as follows: Voted: That the Lexington Zoning By-Law and Map be amended by changing from an R.1 District to a C .1 District the parcel of land described as follows :- On the easterly side of Pleasant Street begin- ning at a point 100 feet north of the Concord Turn- pike and extending northerly along Pleasant Street for a distance of 150 feet, from there running east- erly for about 400 feet to a point on the Concord Turnpike 100 feet east of where Clematis Brook goes under the Concord Turnpike, and bounded on the south by the Concord Turnpike and Clematis Brook. Mrs . Sarah A. Cutler asks permission to address the meeting. No objections. Neil H. Borden of the Planning Board reads the Planning Board report as follows : Report of the Planning Board on the following Proposed amendment as it appears under Article 14 in the warrant for the Town Meeting to be held December 7, 1936. To amend the Lexington Zoning By-Law and map by changing from an R-i District to a C-1 District the parcel of land des- cribed as follows : On the easterly side of Pleasant Street beginning at a point 100 feet northof the Concord Turnpike and ex- tending northerly along Pleasant Street for a distance of 150 feet, from there running easterly for about 400 feet to a point on the Concord Turnpike 100 feet east of where Clematis Brook goes under the Concord Turnpike, and bounded on the south by the Concord Turn- pike and Clematis Brook. A public hearing was held on November 19, 1936, on the proposed amendment after the notices given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Planning Board recommends that this petition be denied, for the following reasons : ( 1) There is no need for a filling station at this point, either from the standpoint of needs of residents or of passing __.. motorists. The Town has already granted permission for a business zone and filling station on the same side of the road at a distance of approximately one-half mile from this location. The Board recommends that a minimum of business locations be permitted on the highway, and accordingly feels that no business zone should be allowed unless there is a real need for it. 277 (2) The location is deemed undesirable as a site for a gas- oline station from the standpoint of safety to passing motorists. It is at an intersection, and as such it is generally deemed un- desirable from a traffic safety standpoint. Visibility for west- bound traffic is limited because of a high rock embankment on the highway to the east of the area. Neil H. Borden Edward W. Kimball Clem H. Ferguson r— D. E. Nickerson Lester F. Ellis The count for Article 14 by the same appointed tellers was taken as follows : In Favor Tellers Opposed 0 Mayo 27 4 Kraetzer 38 1 R. Rowse 12 5 77 Motion Lost 10:25 P.M. Moderator Robert H. Holt declared meeting dissolved at 10:26 P.M. A True Record. Attest : Town rk _ _ 0-1 ATTORNEY'GENERALTS APPROVAL ARTICLE 12 AS PASSED AT A SPECIAL TOWN MEETING HELD DECEMBER 7, 1936 . Article 12. Selectman Charles E. Ferguson moves to take up Article 12.. Neil E. Borden of the Planning Board presents Article 12, stating that same would be voted upon in three parts as follows : Voted: That the Lexington Zoning By-Law and Man be amended, (1) By substituting for Section 1 thereof the following:- "Section 1. For the purposes set forth in General Laws, Chapter 40, section025 to 30A inclusive (as amended by Statute 1933, Chapter 269) and under the authority thereof, and of General Laws, Chapter 143, and any other laws it thereto en- Sec. abling, the inspection, materials, construction, alteration and repair, height, area, location and use of buildings and 1 structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the Zoning Map Prepared by J. Henry Duffy, Tom Engineer, and filed with the Town Clerk, March 17, 1924, and all amend- ments thereto, which. Map as amended is hereby made a part of this By-Law.±z Article 12 Voted: That the Lexington Zoning By-Law and Map be amended, (5) . By changing the numbering of the paragraphs under Section 3 (b) as follows :- Sec. Change paragraphs numbered 11 to 30A inclusive to become 2 1 to 21 inclusive. Change paragraphs numbered 31 and 32 to become 1 and 2. Article 12 Voted: That the Lexington Zoning By-Law and Map be amended as Sec . follows : 3 -2. R; e. tion 0. DLfinitieme , the ft11ow ng: (f) A r o1,1-rhwaly 13 Hidara7 - 3 a-i 1; d.cvcl- 0pC'1 £cr thr ugh traffic, with a g:-,F=2.1 tral:lna 3f net under 100 feet im 3. By inserting between the second and third Paragraphs of Section 3, (a) the following:- "T.1 indicates trunk-highway districts with specially restricted uses, located adjacent to a throughway." 4. By changing Section 3. (b) after the heading "R.1 Dis- tricts" to read as follows :- "Every part of the Town not shown upon the zoning map as amended and not hereinafter specifically designated as R.2, T.1, _ C.1 and M.1 Districts ." 6. By inserting in Section 4 between the paragraphs relating to R.2 Districts and those relating to C.1 Districts the following: "In T.1 Districts :- All uses that are permitted under R.1 and R.2, but subject to any conditions and restrictions set forth therein and the following subject to the provisions of Section 9. 279 1. Retail gasoline, oil and greasing. stations. 2. Sale and installation of tires and other automobile access- ories." Neil H. Borden reads report. The first part of Section One of Article 12 was put to a vote and carried unanimously 8:34 P.M. Neil H. Borden reads final report. Edward W. Kimball of the Planning Board offered the following motion: Moved: That Section 2 of the motion before the Meeting be ehanrred by substituting the words, ttRig'ht of Way less than for the words taking of not under11 so that the Section shall read "(f) A throughway is any State High- way primarily developed for through traffic, with a general Right of Way not less than 100 feet in width . Question by Norman C. Hooper why reference should be made as State Highway. Motion made by Norman C. Hooper that word be stricken out. Norman C. Hooper withdraws his motion. General discussion by the following speakers : Harold. B. Lamont, Neil H. Borden, Francis E. Burke, John R. Devine, Sydney R. Wright- ington, Senator Joseph R. Cotton and Francis Chamberlain. The Moderator appoints the following tellers to obtain a two- thirds vote: Robert D. Mayo Eugene G. Kraetzer Richard E. Rowse Question by William R. Greeley if entire question could be considered under one vote. Answered by Moderator - It could. Motion made byJohn H. Devine that entire question be voted under one vote. CarriedUnanimous 9:18 P.M. The tellers as appointed by the Moderator counted the results as follows : In Favor Tellers Opposed 36 Mayo 5 49 Kraetzer 16 17 R. Rowse 4 102 25 Declared Carried 9:20 P.M. Lexington, Mass . December 18, 1936 I, Jams J. Carroll, Town Clerk of the Town of Lexington, Mass. do hereby certify that the above is a true and exact copy of the vote of Article 12 as passed at a special Town Meeting held December 7, 1936. James J. Carroll Town Clerk Boston, Mass. , January 15, 1937 . The foregoing by-laws are hereby approved, except as indicated. Paul A. Dever Attorney General 2$0 ATTORNEY`GENERAL'S APPROVAL ARTICLE 13 AS PASSED AT A SPECIAL TOWN MMTING HELD DECEMBER 7, 1936 Art. 13. Mr. Robert L. Ryder moves to take up Article 13. Mr. Francis E. Burke moves that article 13, 14, and 15 be taken up together as one article. The Moderator rules same should betaken up one at a time. Robert L. Ryder, under Article 13, offers the following: I] VOTED: To amend the Lexington Zoning By-Law and Map by changing from an R.1 District to a C .1 District the parcel of land described as follows :- "Beginning at a point 200 feet easterly of the func- tion of the easterly line of Blossom Street with the south- erly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout." Question by William E. Mulliken concerning T.1 description. Neil H. Borden, Planning Board, states proper Protection on file. William E. Mulliken moves Article 13 be indefinitely postponed. 9 :32 P.M. Neil H. Borden, Planning Board, presents report. Remarks by Frederic L. Fischer, Neil H. Borden, Leigh V. Farn- ham. Sydney R. Wrightington rises for Point of order. Moderator rules in favor of Mr. Sydney R. Wrightington. Vote taken on motion of William E. Mulliken for indefinite postponement of Article 13, which was declared lost 9:40 P.M. Vote taken on original motion, count taken by same appointed tellers as follows : In Favor Tellers Opposed 34 Mayo 2 65 Kraetzer 0 19 R. Rowse 0 118 2 Motion Carried 9:42 P.M. Lexington, Mass. December 18, 1936 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass. do hereby certify that the foregoing is a true and exact copy of the vote of Article 13 as passed at a special Town Meet- inn- held December 7 , 1936. James J. Carroll Town Clerk Boston, Mass . , January 15, 1937 . The foregoing by-Iaw is hereby approved. Paul A. Dever Attorney General - --------- -- - 281 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 their respective voting places in said town, PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, TIMEE AND FOUR, CARY MEMORIAL HALL, on MONDAY, THE FIRST DAY OF MARCH, A. D. 1937 , at six o'clock A.M. then and there to act on the following articles : Article 1. To choose by ballot the following town officers: One Town Clerk for the term of one year; One Selectman for the term of three years ; One Town Treasurer for the term of one year; One Collector of Taxes for the term of one year; One Cemetery Commissioner for the term of two years ; One Cemetery Commissioner for the term of three years; One Member of the School Committee for the term of three years ; Two Constables for the term of one year; One Moderator for the term of one year; Two Members of the Planning Board for the term of three years; One Member of the Planning Board for the term of one year; Seventeen Town Meeting Members in each Precinct for the term of three years ; One Town Meeting Member in Precinct One for a term of two years ; One Town Meeting Member in Precinct Two for a term of one year. The polls will be open at 6 :00 A. M. and will remain open until 8 :00 P. M. L You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the fifteenth day of March, 1937 at 8:00 P.M. , at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members , in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees . Article 3. To choose such Town Offers as are required by law and are usually chosen by nomination. Article 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1938, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Article 5. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 193", in accordance with the provisions of Section 17, Chap- ter 44, General Laws.; any debt so incurred to be paid from the rev- enue of the year 1937 . Article 6. To see if the Town will make the usual appropriations for Town expenses for the ensuing year, or act in any manner in relation thereto. Article 7 . To see if the Town will make an appropriation for the suppression of Gypsy and Brown Tail moths, and other pests , in accordance with Chapter 132, General Laws , or act in any manner in relation thereto. _ _ 282 Cil Article 8. To see if the Town will vote to appropriate a spun of money for the Reserve Fund as Provided by Chanter 40, Section 6, General Laws, or act in any manner in relation thereto. Article 9. To see if the Town will vote to appropriate funds for the payment of pensions to retired members of the Police and Fire Departments, under Chapter 32, General Laws, or act in any manner in relation thereto. Article 10. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1937 . Article 11. To see if the Town will vote to appropriate a sure sufficient to pay the County of Middlesex, as required by law, the Town's share of the net cost of the care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, as assessed in accordance with the provisions of Chapter 111 of the General Laws, and Acts in amendment thereof and in addition thereto, or take any action in relation thereto. Article 12 . To see if the Town will vote to transfer the sun of . $1438.23 received from Middlesex County for dog fees to the Cary Memorial Library Account. Article 13. To see if the Town will vote to appropriate money to pay the necessary expenses of the Superintendent of Schools in- curred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the School Department. Article 14. To see if the Town will vote to appropriate a sum of money to defray the expense incurredin the defense of the cases of Ryder v. Town of. Lexington, which Pertain to Vine Brook Drainage. Article 15. To see if the Town will vote to transfer unexpended appropriation balances in any of the accounts to the Excess and Deficiency Account, or take any other action in relation thereto. .__. Article 16. To see if the Town will vote to establish as a town way, or accept the layout of as a town way, Robbins Road, from Locust Avenue to Lexington Avenue, a distance of approximately 790 feet, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated January 16, 1937, and to take by eminent domain the necessary easements therefor, and appropriate money for the con- struction of said street, or act in any manner in relation thereto. Article 17 . To see if the Town will vote to install sewer mains in such accepted or unaccented streets as may be applied for during the year 1937 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain any necessary easements therefor, and to appropriate money for said installation of mains by direct appropriation or by transfer from other funds . Article 18. To see if the Town will vote to install water mains in such accepted or unaccepted streets as may applied for during the year 1937 in accordance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and appropriate money for said installation of mains by direct appropriation or by transfer from other funds . Article •19. To see if the Town will vote to install an 8 inch water main in Watertown Street for a distance of approximately 700 feet, subject to the assessment of betterments , and provide funds therefor by direct appropriation, or by transfer from other funds. Article 20. To see if the Town will vote to install an 8 inch water main in Shade Street from Weston Street a distance of approx- imately 800 feet, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and to provide funds for said installation by direct appropriation, or by transfer from other funds . 283 Article 21. To see if the Town will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws. Article 222. To see if the Town will vote to raise and appropriate a sum of money for the improvement of Waltham Street; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; or take any other action in relation thereto. .m. Article 23. To see if the Town will vote to raise and appropriate a sum of money for the improvement of Watertown Street, said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; or take any other action in relation thereto. Article 24. To see if the Town will authorize the Board of Select- men to sell and dispose of the property taken by the Town by fore- closure of tax titles . Article 25. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in con- nection therewith, to be expended by the Selectmen for aid to persons employed on various projects. Article 26. To see if the Town will vote to establish a Road Machinery Fund, to which shall be credited all receipts received for the use or rental of roadmachinery, the proceeds to be appro- priated as voted by the town for road machinery purposes, or take any action in relation thereto. Article 27 . To see if the Town will vote to appropriate the sum of $8225.00 to establish a Road Machinery Account for the purpose of purchasing, repairing and operating road machinery. riArticle 28. To see if the Town will authorize the Board of Select- men to grant the Lexington Post, Veterans of Foreign Wars, the use of the auditorium in the Cary Memorial Building without charge on six evenings each year, also the use of Estabrook Hall in said building without charge, for the regular meetings of the Veterans of Foreign Wars, or act in any manner in relation thereto. Article 29. To see if the Town will vote to accept the Provisions of law relative to the compensation of municipal employees who are injured in the course of their employment under authority of. Chapter 260 of the Acts of 1936, as amended by Chapter 403 of the Acts of 1936, and to see if the Town will vote to determine the employees for whom compensation insurance shall be provided. Article 30. To see if the Town will vote to appropriate money to pay any unpaidbills for prior years of the various town departments . Article 31. To see if the Town will vote to establish as a town way or accept the layout of as a town watt', Tower Road, from the present end of acceptance a distance of approximately 80 feet southeasterly, as laid out by the Selectmen and shown upon a cer- tain plan on file in the office of the Town Clerk, dated February 10, 1936. Article 32. To see if the Town will vote to appropriate the sum of $125.00 for the purchase of a Map for the use of the Town Meet- ing Members , or take any other action in_ relation thereto. Article 33. To see if the Town will vote to amend the Lexington Zoning By-Law and Map as follows :- To substitute for the Amendment to the Zoning Law adopted by the Town at the Town Meeting November 7, 1930, which reads , "Voted:- That the town amend the Lexington Zoning By-Law and map by changing from an R.1 district to a C.1 district the plot of land owned by Ethel W. Bean and located on the easterly side of Bedford Street, northwest of property of said name at 241 Bedford Street, said plot extending easterly two hundred (200) feet; thence turning and running in a northerly direction 284 three hundred (300) feet; thence turning and running southwesterly two hundred fifty (250) feet to Bedford Street; thence turning and running southeasterly along Bedford Street two hundred forty-seven (247 ) feet to the point of beginning and comprising one and three eights (1 3/8) acres of land more or less .` The following paragraph to be placed in Section 3, under the head- ing "In C.1 Districts :-" 22. Beginning at a point in the northeasterly side line of Bedford Street, said Point being southeasterly and distant 219.04 feet from the southeasterly terminus of a curve of radius 1513.11 feet; thence running northeasterly distant 200 feet; thence turning and running northwesterly distant 300 feet:. thence turning and running southwesterly distant 250 feet to the northeasterly side line of Bedford Street; thence turning and running by said side line of Bedford Street, southeasterly distant 247 feet to the point of beginning and comprising 1 3/8 acres of land more or less, or take any action thereon. Article 34. To see if the Town will vote to amend the Lexington Zoning By-Law as follows :- By removing from Section 3, C.1 Districts, the two following paragraphs :- "Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and of a depth of 100 feet throughout." "At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; -- and northeasterly by said Watertown Street 286.96 feet.r' And by adding the following to Section 3 after paragraph 10 under "R.2 Districts" and preceding the heading "C .1 Districts" :- T.1 Districts 1. Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and of a depth of 100 feet throughout. 2. At the junction of the Concord Turnpike and Watertown Street the Parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said turnpike 277 .50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet. And by changing the Zoning Map in accordance therewith, or take any action thereon. Article 35. To see if the Town will vote to amend the Lexington Zoning By-Law by inserting in Section 7:- (a) in the first line, after "R.2", the phrase and T.1," or take any action thereon. Article 36. To see if the Town will vote to authorize the Selectmen to construct granolithic sidewalks where the abutting owner pays one-half the cost, and provide funds for said construct- ion by direct appropriation. 285 Article 37. To see if the Town will vote to install underground cable for the Fire Department and nay for the same by direct ap- propriation or by transfer from available funds. Article 38. To see if the Town will establish a Planning Board under General Laws, Chapter 41, sec. 81A, as enacted by Statute. 1936, Chapter 211, sec . 4, or act in any manner in relation thereto . Article 39. To see if the Town will accept the provisions of Sections 81 F, 81 G, 81 H, 81 I, and 81 J of Chapter 41 of the General Laws , as enacted by Statute 1936, Chapter 211, Section 4, rior act in any manner in relation thereto. Article 40. To see if the Town will provide for a Board of Appeals under General Laws, Chapter 41, Section 81 I, as enacted by Statute 1936, Chanter 211, Section 4 by amending the General By-laws Of the Town by adding a paragraph to that" effect to Article XXVI, or act in any manner in relation thereto. Article 41. To see if the Town will vote to aporopriate 'a sum of money to defray the expenses incurred by the Retirement Board to be established under Chapter 318 of the Acts of 1936, or take any action in relation thereto. Article 42 . To see if the Town will vote to appropriate a sum of money for the improvement of the traffic control signal system in Lexington Center, or take any action in relation thereto. Article 43. To see if the Town will purchase or take by Eminent Domain the property numbered 1557 Massachusetts Avenue, adjoining the Cary Memorial Building, formerly owned by the late William L. Barnes , for any appropriate municipal purpose, and to pay for the same in whole or in part by direct appropriation, by transfer from available funds or by the issue of notes or bonds of the Town. Article 44. To see if the Town will purchase for a school play- ground and park purposes the parcel of land owned by Harriette W. Smith as shown on a plan entitled t°Plan of Proposed Addition to Parker School Property, Lex. , Mass . , for School, Playground and Park Purposes, Scale 1 in. - 40 ft. , Feb. 15, 1937, John T. Cos- grove, Town Engineer" and containing 38,690 square feet, and corn- promise two petitions for damages arising out of the layout of Valley Road brought against the Town,arQro �Hsarriette W. Smith and the other by Harriette W. Smith,/now Pen in the Superior Court, and pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town in accordance with Law. Article 45. To see if. the Town will vote to appropriate the sum of $300.00 to be expended under the direction of the Selectmen upon Depot Park for construction and labor in accordance with the plan presented by the Lexington Field & Garden Club. Article 46. To see if the Town Meeting Members will vote to author- ize their precincts to choose members necessary to represent them on the Lexington Town Meeting Members Association as an Executive Com- mittee, and to appropriate a sum of money to defray the expenses of said Committee . Article 47 . To see if the Town will vote to appropriate money for the purchase of new Whistle Apparatus for the Fire Department. Article 48. To see if the Town will vote to accept the recommen- dation of the Selectmen for the changing of the names of certain streets , or act in any manner in relation thereto. Article 49. To see if the Town will vote to construct Reed Street from about 500 ft. north of Sunnyknoll Avenue to Ash Street, a dis- tance of approximately 1,000 feet, and appropriate money for the construction of said street, or act in any manner in relation there- to. 286 Article 50. To see if the Town will vote to appropriate funds for the disposal of surface drainage by the construction of drains or conduits andfor that purpose to take lands or easements by Eminent Domain as follows : - In private lands of Ellen B. Welch, Lulu M. Blake, Heirs of - Hallie C. Blake, and in Patriot's Drive from the McIntosh drain at 24 Merriam Street to the manhole in the Right of Way off. Hancock Street in the rear of land of Lena G. Dreselly; Reed Street and lands of Ernest E. MacPhee and the Lexington Co- operative Bank; Locust Avenue, Independence Avenue, and Massachusetts Avenue to Curve Street; —� and in such other streets and locations as the Selectmen may desig- nate. Article 51. To see if the Town will vote to appropriate money for the replacement and installation of water mains not less 'than 6 inches and not more than sixteen inches in diameter in the follow- ing streets and in such other streets as the Selectmen may determine : Sherman Street from Grant Street to Fletcher Avenue, a distance of approximately 800 feet; Highland Avenue, from Bloomfield. Street to Percy Road, a distance of approximately 510 feet; Forest Street, from Muzzey Street to Waltham Street, a distance of approximately 500 feet. Article 52. To see if the Town will appropriate money to be expended under -the direction of the Selectmen for the purchase of materials and _equipment and for wages of superintendence on public works for which the Town has bower to appropriate money- to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work, or take any action in reference there- to. 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 sixteenth day of Feb- ruary, A. D. , 1937. Charles E. Ferguson SELECTMEN Philip M. Clark Archibald P. Giroux OF Albert A. Ross William G. Potter LEXINGTON February 20, 1937 To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town 20 days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington 28 ANNUAL TOWN MEETING March 1, 1937 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective 'voting places in said Town on Monday, March the first in the year of our Lord nineteen hundred and thirty-seven at six o 'clock in the forenoon. The following places were designated as the voting places for r- the various precincts : Precinct One, Adams School; Precinct. Two, Three-and Four, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows : -Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Bartlett J. Harrington Inspector Lucius Austin George Foster Inspector Randall Richards Mary-E. Stankard Clerk John H. Dacey Mary A. Rowland Teller Arthur L. Hanson Donald Cameron Teller Edward McGrory Harold MacGilvray Teller Elizabeth Nourse George Stygles Teller Madeline J. Corbett Joseph J. Pritchard, Jr. Teller William S. Bramhall Mabelle S. Peavy Teller William E. Manley Ethel M. Fennell Teller Jesse Condinho Arthur W. Hughes Teller Eleanor Husted Precinct Three Precinct Four Hiram W. Jackson, Jr. Warden Frederick S. Britton Frederick Tullar - Inspector William E. Mulliken Inspector Katherine Kiernan John McKearney Clerk Frank Maguire John Corcoran Teller James J. Waldron Maurice Woodward Teller Carl Hauck Samuel Wellington Teller Joseph Cosgrove Emma Hovey Teller Robert Cady John J. McCormick Teller Agnes Hall Henry Meade Teller Margaret Merrick Esther Graham Teller Charles P. McEnroe Edward B. O'Connor Teller Madeline Peterson The polls were declared open in each precinct at six o'clock A.M. and remained open until eight o'clock P.M. , after which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The ballots were counted by the election officers in-each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as fol- lows: Precinct One 1520 One thousand five hundred and twenty Precinct Two 1350 One thousand three hundred and fifty Precinct Three 1364 One thousand three hundred and sixty-four Precinct Four 1380 One thousand three hundred and eighty Total 5614 Five thousand six hundred and fourteen The ballots cast were counted, enclosed in envelopes, sealed, signed 177 the election officers, together with the unused ballots , and delivered to the Town Clerk at his office. _ 1 288 poiki The Registrars of Voters and the Town Clerk canvassed the result as follows : Precinct One Ballots Cast 149 One hundred and forty-nine Precinct Two Ballots Cast 185 One hundred and eighty-five Precinct Three Ballots Cast 142 One hundred and forty-two Precinct Four Ballots Cast 142 One hundred and forty-two Total 618 Six hundred and eighteen Town Clerk Pre.1 Pre. 2 Pre. 3 Pre. 4 Total James J. Carroll 127 160 129 124 540 Blanks 22 25 13 18 78 Total 149 185 142 142 618 James J. Carroll was elected as Town Clerk for one year. Selectman *Archibald R. Giroux 137 170 126 131 564 Dominic Modoona 0 0 0 1 1 Blanks 12 15 16 10 53 Total 149 185 142 142 618 *Archibald R. Giroux was elected as. Selectman for three years. Town Treasurer James J. Carroll 142 175 132 126 575 Blanks 7 10 10 16. 43 Total 149 185 142 142 618 James J. Carroll was elected as Town Treasurer for one year. Collector of Taxes William S. Scamman 139 170 128 133 570 Blanks 10 15 14 9 48 149 185 142 142 618 William S. Scamman was elected as Collector of Taxes for one year. Cemetery Commissioner for Three Years *John E.A. Mulliken 129 163 122 126 540 John P. Daley 0 0 1 0 1 Blanks 20 22 19 16 77 Total 149 185 142 142 618 *John E. A. Mulliken was elected as Cemetery Commissioner for three years. Cemetery Commissioner for Two Years *James J. Walsh 129 159 116 126 530 John P. Daley 0 0 1 1 2 Blanks 20 26 25 15 86 -- Total _ 149 185 ' 142 142 618 * James J. Walsh was elected. as Cemetery Commissioner for two years. School Committee Frederic L. Fischer 121 154 122 128 525 Blanks 28 31 20 14 93 Total 149 185 142 142 618 Frederic L. Fischer was elected to the School Committee for three years . - J r 289 Constables Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Patrick J. Maguire 130 172 119 134 555 *John C. Russell 131 167 119 127 544 Blanks 37 31 46 23 137 Total 298 370 284 284 1236 * Patrick J. Maguire and John C. Russell were elected Constables for one year. Moderator Robert H. Holt 127 166 124 128 545 Blanks 22 19 18 14 73 Total 149 185 142 142 618 Robert H. Holt was elected Moderator for one year. Planning Board for Three Years *Eugene G. Kraetzer 113 146 119 118 496 *Donald E. Nickerson 118 147 114 121 500 Lester. Ellis 1 0 1 0 2 John F. Canessa I 0 0 0 1 Thomas Sullivan 1 0 0 0 1 Dominic Modoona 0 0 1 0 1 Blanks 64 77 49 45 235 Total 298 370 284 284 1236 *Eugene G. Kraetzer and Donald E. Nickerson were elected to the Plan- ning Board for three years. r– Planning Board for One Year John F. Canessa 1 0 - 0 0 1 John D. Barry Jr. 1 0 0 0 1 *Lester F. Ellis 10 13 4 1 28 George Hynes 1 0 0 0 1 William Daley I - 0 0 0 1 Robert Holt 1 0 0 0 1 Calvin W. 'Childs 2 0 0 _ 0 2 Richard R. Wiggins 1 0 ,0 0 1 Alton P. Hathaway 1 0 0 0 1 L. V. Farnham 1 0 , 0 0 1 Marjory Pierce 0 1 0 0 1 Clarence Shannon 0 1 0 1 2 George Smith 0 0 -1 0 1 I John McKearney 0 0 1 0 1 Edward B. O' Connor 0- 0 1 0 1 John P. Daley 0 0 0 1 1 William E. Manley 0 0 0 1 1 Blanks 129 170 135 138 572 Total 149 185 142 142 618 *Lester F. Ellis was elected to the Planning Board for one year. — Town. Meeting Member For Two Years Precinct 1 *James A. Guthrie 110 Thomas Sullivan 1 Blanks 38 Total 149 *James A. Guthrie was elected Town Meeting Member for two years. 290 cyl Town Meeting Members for Three Years Precinct 1 *Ramon C . Baker 84 *Neil H. Borden 86 *John Milton Brown 88 *Joseph L. Dahlstrom 103 *Lincoln C . Grush 90 *Mary D. Hatch 95 *Paul R. Hederstedt 84 *George M. Hynes 115 *Robert F. Knox 79 *Harold S. Liddick 80 *Ralph F. Little 93 *Eugene L. Morgan 92 *Lyle J. Morse 100 *James A.Peirce 91 *Arthur C. Readel 86 *Louis J. Reynolds 97 Dominic F. Ross 78 DeTrafford Smith 75 *Richard Wiggins 106 Blanks 811 Total 2533 Town Meeting Members elected for three years. Town Meeting Member for One Year Precinct 2 Olive E. Eldridge 133 Blanks 52 Total 185 * Olive E. Eldridge was elected Town Meeting Member for one year. Town Meeting Members for Three Years Precinct 2 *Alan G. Adams 145 *Harold C. Ashley 137 *Charles S. Beaudry 135 *William E. Bennett 120 *Walter G. Black 130 *William E. Chamberlain 138 *Arthur H. Earle 128 *Lester F. Ellis 143 *Thomas E. Fitzgerald 130 *John E. Gilcreast 140 *Basil F. Hawkins 132 *Roger D. Long I37 *Arthur H. McLearn 128 *Marjorie Pierce 119 *Julius Seltzer 143 *George C. Sheldon 133 James J. Walsh, 2nd. 117 *Paul Whipple 123 Blanks 767 Total 3145 * Town Meeting Members elected for three years . 291 Town Meeting Members for Three Years Precinct 3 *Alfred A. Adler 106 *Ronald D. Brown 108 *Albert H. Burnham 108 *George M. Davis 105 Norman C. Hooper 107 *Merle B. Judkins 104 *Eugene G. Kraetzer 102 *James H. Lewis 104 *Richard W. Maynard 108 *Robert D. Mayo 107 *Neil McIntosh 110 *George P. Morey 98 *Clayton M. Morse 106 *Lester T. Redman 107 -George B. Sargent 106 *Clarence Shannon 108 *William H. Shurtleff 104 Blanks 616 Total 2414 * Town Meeting Members elected for three years . Town Meeting Members for Three Years Precinct 4 *D. Jack Allia 100 *Walter S. Beatty 103 *Richard P. Cromwell 102 *Howard E. Custanee 116 r— *Paul W. Dempsey 102 *George M. Fuller 107 *John T. Hinchey 111 *Eimer C. Houdlette 99 *Frederic K. Johnson 117 *William Peter Knecht 98 *Everett E. Morrill 105 *Donald E. Nickerson 109 *Eugene H. Partridge 114 *Gordon B. 3eavey 101 *James E. Spellman 106 *Henning W. Swenson 102 *Raymond L. White 112 Claude L. Palmer 1 Blanks 609 Total 2414 * Town Meeting Members elected for three years . A true record. Attest: T wn Cle 292 01 FIRST ADJOURNED TOWN MEETING HELD MARCH 15, 1937 The meeting was called to order by the Moderator, Robert H. Holt, at 8:05 P.M. There were 182 Town Meeting Members present . George M. Fuller states he has a resolution to present to the meeting, asking permission, reading same as follows: Voted: That the Moderator be appointed a committee of one to transmit the following resolution. Whereas, There is pending before the Congress of -- the United States a bill submitted to it by the President, seeking a reorganization of the Judicial Department of the Government of the United States ; and Whereas, A part of that bill would empower the Executive Department of the United States to dominate the Judicial Department by the appointment of additional judges to the Supreme Court; and Whereas, The domination of one branch of the govern- ment by another is contrary to the fundamental concept of American Government now, therefore, be it Ordered, That it is the sense of the Citizens of Lexington in Town Meeting assembled to hereby record its opposition to the enactment by the Congress of the United States of any legislation which would give the President authority to appoint additional judges to the Supreme Court; and be it further Ordered, That certified copies of this order be transmitted forthwith by the Moderator to the President of the United States, to the presiding officer of each branch of Congress and to the members thereof from this Common- wealth. Eugene T. Buckley objects to the resolution being presented to the Town Meeting Members . Eugene T. Buckley states no provision made in warrant for the resolution. George M. Fuller states presenting same under Article 2 or report-s. George M. Fuller offers motion: That the Moderator be appointed a committee of one to transmit the resolution. Eugene T. Buckley asks for point of order. Moderator rules meeting in order. William Roger Greeley asks what the duties of the committee will be. Eugene T. ;,ckley moves the motion be indefinitely postponed. By voice vote indefinite postponement declared lost 8:12 P.M. Request made George M. Fuller read resolution again. George M. Fuller reads resolution second time. Moderator Robert H. Holt reads motion, which was put to a vote, being declared carried by voice vote at 8:18 P.M. Under Article 2 A. Edward Rowse, Chairman of Appropriation Committee, presents Appropriation Committee Report for 1937 as follows : --------- ---- ---- - 293 REPORT OF THE APPROPRIATION COMMITTEE FOR 1937 Bring this report with you to the Annual Town Meeting on Monday, March 15th, at 8:oo P.M. - In accordance with. Section 4, Article 13 of the Revised By-Laws of the Town, the Appropriation Committee submits the following report to the voters of the Town. Since the March Town Meeting of 1936, the Appropriation Committee has met monthly for consideration and check-up on the operation of the Town's business . There has been a total of twenty meetings held over the period of the last twelve months. SALARY RESTORATION Consideration has been given to the possible restoration of salaries of Town employees reduced in 1933 and partially restored in 1935. The Appropriation Committee is recommending that the balance of the pay cut be restored, with the understanding that readjustments should be made wherever necessary. The Committee has held two meetings with the Board of Selectmen to discuss the salary question and has recommended in the following appropriations amounts necessary to accomplish the salary restoration and re- adjustments beginning July 1, 1937. - PERSONAL SERVICES Some of the appropriations for the Town departments were divided in 1936 separating the amount for salaries and the amount for expenses. The Appropriation Committee is recommending that the appropriations for all Town departments should be divided, setting forth the amount for Personal Services separate from the amount for Expenses . This will enable the Town to follow more r- closely the salary costs and expense item for each department from year to year. MATURING DEBT For the information of the taxpayers we are listing the amount of bonded debt due for payment in each of the next six years: 1938 - $97,000.00 1939 - 95,500.00 1940 - 67,500.00 1941 - 35,500.00 1942 - 23,500.00 1943 - 20,500.00 RESERVE FUR1D The Appropriation Committee has found it necessary to trans- fer the following amounts from the Reserve Fund during 1936: Appropriation Committee - $35.00 Elections and Registrations - 142.50 Police Dept. Salaries - 89.51 Police Dept. Expenses - 367.00 Police Dept. Equipment - 248.55 Fire Dept. Maintenance - 42.00 Weights & Measures Dept. Expenses - 25.43 r- Highway Construction - Pleasant, Watertown Streets - 160.01 Highway Construction - Tower Road - - 445.00 Military Aid 20.00 Public Works, Labor, Materials and Expenses - 1500.00 $3075.00 294 TAX RATE If all of the recommendations made by the Appropriation Committee are approved, it will be necessary to increase the Town tax rate about $.50 per thousand. Detailed figures showing appro- priations together with additional taxes and estimated income, may be found on the last page of this report. The Appropriation Committee wishes to express its appreciation of the cooperation which it has received from the Board of Selectmen, all of the Town Department heads and employees, especially the Town Accountant. Our Committee has been more exacting than usual this past year and we have always received information and assist- ance willingly, accurately and efficiently. .-.. RECOMMENDATIONS ON ARTICLES IN TOWN MEETING WARRANT Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. The Appropriation Committee makes no recommendations under this Article. Article 3. To choose such Town Officers as are required by law and are usually chosen by nomination. The Appropriation Committee makes no recommendation under this Article. Article 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1938, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Sec- tion 17, Chapter 44, General Laws. The Appropriation Committee recommends favorable •— action. Article 5. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1937, in accordance with-the provisions of Section 17, Chapter 44, General 'Laws; any debt so incurred to be paid from the revenue of the year °1937. The Appropriation Committee recommends favorable action. Article 6. To see if the Town will make the usual appropria- tions for Town expenses for the ensuing year, or act in any manner in relation thereto. The Appropriation Committee makes the following rec- ommendations under this Article; 193B 1937 1937 Expended Requested Approved Appropriation Committee Personal Services : Secretary $300.00 $300.00 $300.00 Stenographic 5.00 10.00 10.00 $305.00 $310.00 $310.00 Expenses : Postage ,& Office_Supplies $125.00 $130.00 $130.00 Printing Annual Report 176.00 190.00 190.00 Other Expenses 29.00 30.00 30.00 8330.00 $350.00 $350.00 295 1936 1937 1937 Expended Requested Approved Selectmen's Department Personal Services : • Clerk $1,516.79 $1,591.84 $1,591.84 Asst. Clerk 994.33 1,122.83 1,070.83 Extra Clerical 56.54 200.00 200.00 $2,567.66 $2,914.67 $2,862.67 Expenses : Selectmen $1,000.00 $1,000.00 $1,000.00 Postage & Office Supplies 764.96 600.00 600.00 Advertising 294.74 250.00 250.00 Printing Zoning Laws 0.00 100.00 100.00 Other Expenses 206 .56 286.00 286.00 $2,266.26 $2,236.00 $2,236.00 Accounting Department Personal Services: Town Accountant ^ $2,775.00 $2,937.50 $2,937.50 - Clerk 784:48 810.00 810:00 ' Extra Clerical 0.00 175.00 175.00 $3,559.48 $3,922.50 $3,922.50 E±pene e s : - Postage & Office Supplies $121.48 8160.00 $160.00 Office Equipment and Repair 49.47 75.00 75.00 New Typewriter 0.00 105.00 105.00 Other Expenses 40.95 62.00 62.00 -- $211.90 $402.00 $402.00 The Board of Selectmen has recommended the establishment of the salary of the Town Accountant $3100.00 per year and this has been approved. $175.00 is provided in the extra clerical item for preliminary work in connection with the Contributory Retire- ment System before July 1st. It is understood that charges should not be made to the account being established for the Retirement System Administration before the effective date of the act which is July 1st. Treasurer's Department Personal Services : Treasurer $950.00 $950.00 $975.00 Clerk - 280.46 390.00 390.00 $1,230.46 $1,340.00 $1,365.00 Expenses : Postage & Office Supplies $151.24 $200.00 8200.00 Bond Premium 236.50 236.50 236.50 New Check Protector 127.00 0.00 0.00 Other Expenses 42.80 80.40 80.40 $557.54 $516.90 $516.90 The salary of the Town Treasurer has been approved in the amount of $975.00 for the year 1937, this being on the basis of $1,000.00 per year. 296 CA 1936 1937 1937 1.4 Expended Requested Approved Foreclosure and Redemption of Tax Titles Expenses : Sundry items $1,093.79 $5,065.00 $2,300.00 An unexpended balance of -$702.89 was brought forward from 1936 mid this amount added to the appropriation approved of $2300.00, makes a total of $3002 .89, which it is expected will be ample for the expenses of this Department for the year. Collector's Department -. Personal Services : Collector $2,775.00 $2,887.50 $2,812.50 Clerks 1,989.64 2,120.67 2,068.00 $4,764.64 $5,008.17 $4,880.50 Expenses : Postage & Office Supplies $861.26 $900.00 $900.00 Advertising ' - 116.23 250.00 250.00 Recording Fees 125.35 250.00 250.00 Bond Prem.iuni 483.00 500.00 500.00 Other Expenses 222.82 100.00 100.00 $1,808.66 $2,000.00 $2,000.00 'The salary of the Collector has been approved in the amount of $2812.50 for the year 1937, this being on the basis of $2,850.00 per year. Assessor's Department -- Personal Services: Assessors $950.00 $1,000.00 $1,000.00 -- Ass 't. Assessors 2600.00 2,600.00 2,600.00 Clerk 1256.00 1,252.00 1,252.00 Extra Clerical 245.33 300.00 300.00 Special Ass 't. Assessors 327.00 250.00 250.00 $5,378.33 $5,402.00 $5,402.00 Expenses : Postage & Office Supplies $78.66 $200.00 $100.00 Transfer Fees 118.90 150.00 150.00 Printing and Advertising 139.20 250.00 235.00 Other Expenses 198.67 115.00 115.00 $535.43 $715.00 $600.00 Other Finance Offices and Accounts Expenses : - Printing and Certifying - Notes , - $34.00 $200.00 $200.00 Law Department Personal Services: Salary of Town Counsel $925 .00 $962.50 $962.50 Special Fees to Town Counsel 1,155.00 - 1,000.00 $2,080.00 $962.50 $1,962.50 Expenses : Sundry Items $418.27 $1,575.00 $425.00 7 The Appropriation Committee is recommending that the item for Special Fees for the Town Counsel be included in an appropri- ation for Personal Services instead of being included in the ap- propriation for Expenses. 1936 1937 1937 Expended Requested Approved Town Clerk's Department Personal Services: Town Clerk- $1,775.00 $1,775.00 $1,787.50 _ Clerk 287.20 390.00 390.00 $2,062.20 $2,165.00 $2,177.50 Expenses : Postage & Office Supplies $139.06 $100.00 $100.00 Other Expenses - 12.54 30.00 30.00 $151.60 8130.00 $130.00 The salary of the Town Clerk has been approved in the amount of $1787.50 for the year 1937, this being on the basis of $1,800.00 per year. Elections Expenses : Sundry Ite .s $1,851.00 $601.00 $601.00 , The appropriation for Elections has previously been included in an appropriation for Elections and Registrations . The Appro- priation Committee now recommends the establishment of separate __ accouhts for "Elections" and- for "Registrations of Voters . _ y e 1 Registration of Voters Personal Services : Registrars' $200.00 $200.00 $200.00 Clerical Assistance 100.00 100.00 50.00 - $300.00 $300.00 $250.00 Expenses : 00 $150.00 $150.00 Voting Lists and Ballots $310. Postage & Office Supplies 57.94 46 .92 46.92 Advertising 89.96 27 .00 27.00 Other Expenses 64.70 32.00 32.00 $522.60 $255.92 $255.92 With reference to this account, see remarks under the pre- ceding heading "Elections" . Public Works - Superintendent's Office ___ Personal Services : Superintendent $3,562.50 $4,200.00 $4,200.00 Clerk 995.00 991.17 991.17 $4,557.50 $5,191.17 $5,191.17 Expenses : Postage & Office Supplies $123.31 $160.00 $160.00 Ediphone , - - 0.00 550.00 550.00 Other Expenses 116.69 190.00 190.00 $240.00 $900.00 $900.00 298 1936 1937 1937 Expended Requested Approved Town Offices and Cary Memorial Building Personal Services: Janitor $1,831.66 01,878.51 $1,878.51 Assistant Janitor 1,151.67 1,265.66 1,226.68 Extra. Janitor Service 24.00 200.00 94.81 $3,007.33 $3,344.17 $3,200.00 Expenses : Coal 81,789.87 $1,700.00 $1,700.00 Electric Light and Power 1,749.23 1,600.00 1,600.00 - Telephone Service 1,730.46 1,600.00 1,600.00 Repairs 271.46 1,000.00 1,000.00 Other Expenses 828.69 900.00 900.00 $6,369.71 $6,800.00 $6,800.00 The increase in the item for Repairs is for caulking windows and doors, painting iron work, repairs to roof of the Cary Memorial Building, repairs to walk at east entrance to Cary Memorial Building, and such other items as can be taken care of within the amount of 81,000.00. Engineering Department Personal Services : Town Engineer '$3,000.00 $3,000.00 $3,000.00 Assistant Engineer 2,131.20 2,304.00 2,218.20 Other Regular Employees 4,451.51 6,839.53 5,361.64 Special Employees 264.00 780.00 780.00 $9,846.71 $12,923.53 011,359.84 -- Expenses: Field & Office Supplies $500.03 $360.00 $360.00 Gasoline and Oil 159.09 215 .00 215.00 Equipment and Repair 241.10 245.00 245.00 New Ford Automobile 0.00 425.00 425.00 Other Expenses 183.17 25.00 25.00 $1,083.39 $1,270.00 81,270.00 Planning Board Expenses : Sundry Items 8209.29 $250.00 $250.00 Board of Appeals Expenses: Sundry Items $153.03 $200.00 $200.00 Police Department Personal Services : -- Chief $2,775.00 $2,887.50 $2,887.50 Sergeants - - 4,231.98 4,392.98 4,392.98 Patrolmen 25,803.84 27,012 .79 27,012.79 Matron 40.00 100.00 100.00 $32,850.82 $34,393.27 $34,393.27 299 1936 1937 1937 Expended Requested Approved. Expenses : Equipment Maintenance $2,100.93 $1,650.00 $1,650.00 Meals 55.55 95.00 95.00 Telephone 975.15 960.00 960 .00 Radio Broadcast 375.00 375.00 375.00 Other Expenses 1,136.73 650.00 650.00 $4,643.36 $3,730.00 $3,730.00 ri Fire Department Personal Services : Engineers - - 8500.00 $500.00 $500.00 Chief 1,000.00 1,000.00 1,000.00 Regular Men 24,563.57 27,824.10 27 ,499.94 Call Men 3,946.80 4,261.00 4,261.00 Extra Duty 44.60 100.00 100.00 Substitutes 0.00 50.00 50.00 $30,054.97 $33,735.10 $33,410.94 Expenses: Hose $1,636.85 $1,550.00 $1,550.00 Fire Fighting Equipment 1,413.67 390.00 390.00 Fire Alarm System 829.86 1,000.00 1,000.00 Other Equipment Main- tenance 1,310.43 1,465.00 1,465.00 Fuel and Light 1,348.51 1,350.00 1,350.00 Maintenance of Buildings and Grounds 623.51 700.00 1,100.00 Telephone 374.96 400.00 400.00 Other Expenses 614 .28 725.00 725.00 $8,152.07 $7,580.00 $7,980.00 The Appropriation Conxnittee has approved the addition of two men On July 1st. The Fire Department Engineers requested six additional men, and the Board of Selectmen approved two additional men to be added as of May 1st. The Appropriation Committee has increased the item for Maintenance of Buildings and Grounds in the amount of $400.00 to provide additional sleeping quarters for the two additional men. Building Inspection Personal Services : Inspector $1,045.00 $1,072.50 $1,072.50 Expenses: Sundry Items $124.06 $125.00 $125.00 Wire Inspection Personal Services: Inspector $600.00 $600.00 $600.00 7- Expenses: Automobile Allowance 0.00 75.00 75.00 Sundry Items 16.18 35.00 35.00 $16.18 0110.00 $110.00 Weights and Measures Department Personal Services: Sealer _ $400.00 $450.00 $450.00 Expenses: Sundry Items $100.43 $100.00 8100.00 300 cyl 1936 1937 1937 Expended Requested Approved Shade Trees Wages and Expenses , Labor $1,819.52 $2,097.00) Sundry Items 602.-15 540.00) $2,500.00 $2,421.67 $2,637.00 $2,500.00 Forest Fires - Personal Services : Warden , _ $200.00 $200.00 $200.00 Expenses: Fighting Fires $310:80 $500.00 $500.00 Equipment & Maintenance 130.70 250.00 250.00 Hose 345.00 400.00 400.00 Other Expenses 9.50 85.00 85.00 8796 .00 $1,235.00 $1,235.00 Dog Officer - Personal Services : , Salarg - - - $100.00 $100.00 $100.00 Health Dexiartment - Personal Services : Inspector $500.00 $500.00 $500.00 r Expenses: Sundry Items $7,329.88 $5,500.00 $5,500.,00 Dog Clinic Expenses: Sundry Items $345.56 $350.00 $350.00 Dental Clinic Personal Services : Dentist $1,130.00 $1,150.00 $1,150.00 Dental Nurse 600.00 600.00 600.00 $1,730.00 S1,750.00 $1,750.00 Expenses : Sundry Items $118.70 $100.00 $100.00 Posture Clinic Expenses: _ Physician- - $100.00 $100.00 $100.00 Nurses 490.90 550.00 550.00 Other Expenses - 46.26 50.00 50.00 $637.16 $700.00 $700.00 Vital Statistics Expenses: Birth & Death Returns $24.75 $50.00 $50.00 801 1936 1937 1937 Expended Requested Approved Animal Inspection Personal Services: Inspector' $500.00 $500.00 $500.00 Slauahtering Inspection Personal Services: Inspector $600.00 $700.00 5700.00 The Board of Selectmen requested an increase in the annual salary for the Slaughtering Inspector from 600.00 to $800.00, and this has been approved by the Appropriation Committee. Plumbing Inspection Personal Services : Inspector $800.00 $800.00 $800.00 Expenses: Sundry Items $18.00 $50.00 $50.00 Sewer Maintenance Personal Services : Superintendent $628.49 $666.25 $695.42 Clerk 391.51 326.17 326.17 $1,020.00 $992.42 $1,021.59 Expenses : --- Labor $2,932.63 $4,600.00 $4,600.00 Other Expenses 446.09 2,335.00 2,335.00 $3,378.72" $6,935.00 $6,935.00 The Appropriation Committee has approved a salary of $2300.00 per year for the Superintendent, of which $900.00 is to be charged to the Sewer Department and $1400.00 to the Water Department. The increase in Expenses is for extra work in connection with repairs to the Trunk Line Sewer. It is recommended that the appropriation of $6,935.00 for "Wages and Expenses" be provided as follows : By direct appropriation $3,935.00 By transfer from the Sewer Assessment Fund 3,000.00 Sewer Services - Wageservices - Wages and Expenses: Labor 0:00 $1,000.00 $1,000.00 Pipes and Fittings 0.00 150.00 150.00 Other Expenses 0.00 400.00 400.00 $0.00 $1,550.00 $1,550.00 This is a account requested for the first time this year. Previously the expenditures for installing sewer services have been charged to the sewer Maintenance Account. The Board, of Selectmen have felt it advisable to establish the separate account so that the cost of services can be kept separate from the general Sewer Maintenance costs. Care of Dumps and Removal of Ashes Expenses : , Labor $1,880.79 $2,000.00) Other Expenses 39.21 100.00) $1,900.00 $1,920.00 $2,100.00 $1,900.00 302 CTI 1936 1937 1937 Expended Requested Approved Garbage Collection Expenses: - Contract $3,306.85 $3,310.00 $3,310.00 Labor and Equipment Rental 334.80 0.00 0.00 $3,641.65 $3,310.00 $3,310.00 During the year 1936, the contract for removal of garbage held by Robert McAdoo expired and the Board of Selectmen made a new contract with Albert Bieren for a three year period. The amount payable under this contract increases each year, but the first year the amount payable is less than the amount which was paid under the former contract. Highway Maintenance Personal Services: Superintendent - $2,092.12 $2,350.00 $2,183.34 Consulting Supt. 1,200.00 1;200.00 1,200.00 Assistant Superintendent 577.50 1,200.00 1,200.00 Clerk 628.51 705.00 678.67 $4,498.13 $5,455.00 $5,262.01 Expenses: Labor and Other Items $34,640.00 $38,387.00 $38,387.00 The Appropriation Committee has approved a salary of $2300.00 per year for the Superintendent. Highway Curbing Wages and Expenses : For Labor, Curbing and Other Expenses $0.00 $1,250.00 $1,250.00 It is recommended that the appropriation of $2500.00 be provided for as follows: By direct appropriation - $964.55 By transfer from the 1936 account for Highway Curbing, Bedford Street - 255.45 Snow Removal ' Wages and Expenses: Labor $9,936.62) Other Expenses 11,150.85) $10,000.00 $7,500.00 $21,087.47 $10,000.00 $7,500.00 Traffic Regulation and Control Wages and Expenses : - Labor $543.61 $500.00) Other Expenses 873.89 1,100.00) $1,500.00 $1,417.50 $1,600.00 $1,500.00 Street Lights Expenses : For Lighting- $22,129.93) Other Expenses 95.66) $23.500.00 $22.500.80 $22,225.59 $23,500.00 $22,500.00 Mg; The Board of Selectmen have requested an increased amount of $1000.00 for the cost of increasing the candle power of the lights on Massachusetts Avenue from Woburn Street to the Arlington line. This recommendation has not been approved by the Appropriation Committee. 1936 1937 1937 Expended Requested Approved Street Signs Wages and Expenses : - -- Labor $81:63 $800.00 $800.00 Painting Signs 9:00 475.00 475.00 Wooden Signs and Posts 92.28 605:00 605.00 Other Expenses 17.09 320.00 320.00 $200.00 $2,200.00 $2,200.00 The increased appropriation recommended and approved for Street Signs is due to an opinion given to the Supt. of Public Works by the Town. Counsel regarding the liability of towns to compensate for damages resulting from defects in ways . The Town Counsel, in his opinion, emphasized the importance of warning signs at the junction of public and private ways. The increased appro- priation for Street Signs is approved in order that these warning signs may be erected. Public-Welfare Personal Services : - Agent $1831.64 $1957:50 $1957.50 Investigator 1308.34 1435.84 1370:00 Clerks 1465:32 1647:01 1620.67 Extra Clerical 190.00 550.00 550.00 $4795.30 $5590.35 $5498.17 Aid and Expenses : General Administration $429.13) Delivery of Federal ) Commodities 607:99) $39409.65 $39501.83 Relief 60529.25) Relief - Mothers ' Aid 4890.17 0.00 0.00 $66456.54 $39409.65 $39501.83 For the year 1937 no appropriation is requested for Mothers ' Aid inasmuch as this is now known as Aid to Dependent Children and a separate appropriation i-s required under the provisions of Chapter 413 of the Acts of 1936. The Board of Selectmen requested an increase in salary for the Agent from $35.00 to $40.00 per week and this increase has been approved. A-id to Dependent--Children - Aid and Expenses: Sundry Items $ 0.00 $5000.00 $5000.00 With reference to this appropriation see remarks under r- 'Public Welfare' . Under the provisions of Chapter 413 of the Acts of 1936 there will be a small reimbursement to come to the Town from the Federal Government through the Commonwealth. It is expected that the a npropriation. of $5000.00 will be sufficient to cover the expenditures in' c onjunction with such funds as may be received from the Federal Government. 304 cn 1936 1937 1937 Expended Requested Approved Old Age Assistance Aid and Expenses : Office supplies & postage $ 24.67) Relief expenditures 8595.21) $12500.00 $12500.00 $8619.88 $12500.00 012500.00 The cost of Old AgeAssistance has already materially increased and will continue to increase due to the change in the age limit from 70 to 65 years. This appropriation will not represent the total expenditures to be made for Old Age Assistance inasmuch as the Federal Government will reimburse to the Town through the State �. one-half of the cash aid grantedwith the Federal Government's share in no case t o .exceed .$15,00 per month. In addition, a small amount is allowed for administration. These amounts received from the Federal Government through the Commonwealth, are, under the provisions of the Statute, set up as trust accounts for use only for the two purposes, namely, Assistance and Administration, and can be used at once without vote of the Town. The balance of the expenditure for Old Age Assistance; after deducting the Federal reimbursement, is shared_ tw6-thirds by the Commonwealth and one- third by the Town of settlement or if the case is unsettled the entire balance is assumed by the Commonwealth. The amounts re- ceived as reimbursements from the Commonwealth can not be used for aid expenditures but must be taken up as a part of the estimated receipts of the Town. It is anticipated that during the year 1937 the Old Age Assistance expenditures will approximate $25,000.00 but it is hoped that the appropriation of $12,500.00 will be suf- ficient to cover the necessary expenditures after the funds re- ceived from the Federal Government have been expended. State Aid Cast Grants $260.00 $400.00 $400.00 or Relief Military Aid Cash Grants . - For Relief $270.00 $400.00 $400.00 Soldiers' Burials Expenses for Burials $ 0.00 $100.00 $100.00 Soldiers ' Relief Aid and Expenses : Office Supplies $ 2'.00) Relief Expenditures 3229.23) $3500.00 $3500..00 $3231.23 $3500.00 $3500.00 Town Physician Personal Services : Salary of Physician $750.00 $750.00 $750.00 305 1936 1937 1937 Expended Requested Approved School Maintenance Personal Services : Superintendent $4440.00 $4584.00 $4584.00 Clerks 2955.99 2954.17 2954.17 Attendance Officer , 185.00 191.00 191.00 School Physician 942.50 940.00 940.00 School Nurse 1572.50 1623.50 1623.50 Teachers - High 74212.60 76048.50 76048.50 1 Teachers - Elementary 67424.05 68518.00 68518.00 Teachers - Special 15832.00 16860.80 16860.80 - Teachers - Substitutes 0.00 700.00 700.00 Janitors - High 5987.22 6170.65 6170.65 Janitors - Elementary 7582.65 7940.02' 7940.02 Janitors' - Substitutes 0.00 100.00 100.00 Janitors' - Repair 0.00 651.78 651.78 $181134.51 S187282.42 $187282.42 Expenses: Textbooks and supplies $11403.78 $10600;00 $10600.00 Transportation 5281.87 5329.00 5329.00 Repairs 5496.88 4148.22 4148.22 Other Expenses 16403.62 17230.00 17230.00 $38586.15 $37307.20 $37307.22 School Department - Americanization Classes Expenses : Teachers $180.00) Sundry Items 12.93) $200.00 $200.00 $192.93 $200.00 $200.00 - School Department - Vocational Tuition Expenses : Tuition to Cities $953.95 $1794.00 $1794.00 It will be noted that the appropriation•approved for 1937 is considerably in excess of the expenditures for 1936. The School Department has stated that during the year 1936 seven new pupils were enrolled at the various day vocational schools, of which three left the schools . It is - stated there was also an increase in attendance at the evening vocational schools and it is anticipated that there will be five new pupils starting in September 1937. The State reimburses the Town for one-half of the amount expended for tuition of pupils at vocational schools and this amount is taken up in the town receipts. Cary Memorial Library and Branch Personal Services : Librarian $1665.00 $1762.50 $1762.50 Assistants 5348.50 5626.00 5626.00 r- , Substitutes 143.61 150.00 150.00 Janitors 1651.88 1650.00 1650.00 $8808.99 $9188.50 59188.50 Expenses: - Books $1211.58 $1400.00 51400.00 Bulletins & periodicals,etc. 307.82 250.00 250.00 - Binding Books 347.65 400.00 400.00 Fuel and Light 1531.15 1600.00 1600.00 Repairs 932.14 500.00 500.00 Other Expenses 812.71 1035.00 1035.00 $5143.05 $5185.00 $5185.00 Deduct amount received from County on account of Dog Fees 1438.23 Total recommended for appropriation $3746.77 :306 01 m 1936 1937 1937 Expended Requested Approved Parks and Playgrounds Personal Services : Superintendent $1700.00 $1700:00 $1700.00 Clerk 306.08 350.83 339.34 Playground Instructors 1682.50 1790.00 1790.00 $3688.58 $3840.83 $3829.34 Wages and Expenses : _ - Labor $6242.22 $6498.00 $6498.00 Car Allowance for Supt. 0.00 250:00 250.00 New Lawn. Mower 0.00 300.00 300.00 Gang Mower , 0.00 80:00 80.00 Telephone - 73.84 75.00 75.00 Office supplies & postage 37.83 50.00 50.00 Other expenses - Parks 2734.29 2059.00 2020.53 Other Expenses - Playgrounds 1850.09 1977.00 1397.13 $10938.27 811289.00 $10670.66 Memorial Dav Expenses : Sundry Items $235.93 $250.00 $250.00 Patriot's Dav Expenses : Sundry Items - $500.00 $500.00 $500.00 Administration of Trust Funds -_ Expenses : Sundry Items $ 55.00 $ 70.00 $ 70.00 ....- Town Report Expenses: For Printing Reports $1126.73 $1200.00 *1200.00 The amount requested and approved for the 1937 "appropriation for printing the annual reports is an estimated figure inasmuch as the actual figure has not been finally determined at the time this report goes to press . Public Works Building Wages and Expenses: Labor $6393.22 $6694.00 $6694.00 Building repair 573.97 0.00 0.00 Bit Grinder 462.40 0.00 0.00 Grease Gun - 135.00 0.00 0.00 Light and Power 671.07 650.00 650:00 Coal and 'Gas - 693.12 690:00 690.00 Other Expenses 277.37 450.00 450.00 ___. $9206 .15 $8484.00 $8484.00 Special Equipment: Service Car 0.00 485.00 0.00 r Auto lift & grease truck 0.00 405.00 405.00 $ 0.00 $890.00 $405.00 307 1936 1937 1937 Expended Requested Approved Buildings & Grounds Improvement Driveways 0.00 $880.00) Ledge Excavation 100.00) $1000.00 Drain extension and grading 200.00) Painting doors 50.00) 0.00 $1230.00 $1000.00 For the year 1937 separate accounts are being set up for new -- equipment and for improvement to the building and grounds. The Appropriation Committee has disapproved the purchase of the service car,for the mechanic to cost $485.00 and the Appropriation Committee had reduced the total amount for improvement to buildings and grounds in the amount of $230.00. Insurance Workmen's Compensation and Public Liability Workmen's Compensation $3410.81 $3474.00 $3474.00 Public Liability 462.60 475.00 475.00 $3873.41 83949.00 $3949.00 Fire, Sprinkler, Boiler& Hold-Up. Fire $3849.45 $2=634.00 $2634 .00 Sprinkler 0.00 48.00 48.00 Boiler 0.00 485.00 485.00 Hold-Up 0.00 145.00 145 .00 $3849.45 $3312.00 $3312.00 The Board of Selectmen has requested one Insurance account to cover all classes of insurance, including automobile liability and automobile fire and theft. The Appropriation Committee recommends that the automobile liability and the automobile fire and theft - - insurance premiums be charged to the respective maintenance accounts . The Appropriation Committee also recommends separate accounts for Workmen's Compensation and Public Liability for Fire, Sprinkler, Boiler and Hold-Up coverages. The Appropriation Committee rec- ommends the separate account for Workmen's Compensation and Public Liability Insurance for the reason that the amount paid is in the first instance an advance premium which is followed by further payments after audits have been made by the Insurance company. In the event that the advance premium is more than the amount dis- closed by the audit a refund is made to the Town. The original payment is, therefore, only an estimated figure and is subject to subsequent adjustments for' which reason it is deemed advisable to have this account separate- from the other classes of insurance. Unclassified Expenses : Sundry Items $416.49 $700.00 $700.00 The Board. of Selectmen has requested an appropriation of $700_.00 for the Unclassified Account including the sum of $200.00 for payment of small claims which may be approved during the year. The request is approved by the Appropriation Committee. Water Maintenance Personal Services : Superintendent $1,486.,49 $1,577 .92 $1,487 .92 Assistant Superintendent 127.26 0.00 0.00 Clerk 1,245.48 1,242.00 1,215.17 Draftsman 595.00 1.450.00 1.450.00 03,454.23 $4,269.92 $4,153.09 308 1936 1937 1937 Expended Requested Approved Water Maintenance Continued Expenses ' $ 456:37 $ 750.00 $ 750.00 ostage � office supplies Sundry administration items "129: 51 100:00 "100.00 Labor 15,206:27 12;000.00 12;000.00 Interest on Debt 7.156.25 5;700.00 5,700.00 Metropolitan. Water Tax 30,238.71 3?,000.00 32`,000.00 Ford Chassis 377.00 0.00 00.00 Chevrolet Truck "486:00 0.00 0.00 Other Expenses 5,689.05 6,025.00 5,996.91 $59,739.16 $56,575.00 $56,546.91 With reference to the salary of the Superintendent see remarks under `Sewer Maintenance" . Water Services Wages and Expenses : Labor $ 0.00 $3,000.00 $3,000.00 Meters , "Pipes and Fittings 0.00 1,400.00 1,400.00 Other Expenses 0.00 800.00 800.00 $ 0.00 $5,200.00 $5,200.00 This is a new account requested for the first time this year. Previously the expenditures for installing water services have been charged to the Water'Maintenance Account. The Board of Se- lectmen have melt it -advisable to establish the separate account so that the cost of services can be kept separate from the general Water Maintenance costs . Water Maintenance Replacements Expenses : - `-' Meters, Hydrants, Pipe and Fittings $970:45 $1,150.00 $1,150.00 Other Expenses 0.00 350.00 350.00 $970.45 $1,500.00 $1,500.00 Cemetery Maintenance - Munroe Personal Services : Superintendent $250:00 $250:00 $250.00 Clerk 50.00 50.00 50.00 $300.00 $300.00 $300.00 Wages and Expenses: Labor $1,001.85) Other Expenses 298:02) $2;250:00 $1,800.00 $1,299.87 $2,250.00 $1,800.00 The reason for the increased appropriation requested for 1937 is due to the inclusion of an item for fence construction $350-.00 and road construction and repairs $600.00. The Appropriation Committee feels that the amount requested is excessive and has recommended the amount of $1800.00 against the requested amount -- of $2250.00 and recommends that as much work be done as is possible withthe money provided. During the year 1936 an amount of $1211.14 was expended for Perpetual Care and it is proposed to expend approximately the same amount in 1937 . 309 1936 1937 1937 Expended Requested Approved Cemetery Maintenance - Westview Personal Services: Superintendent 8450.00 $450.00 $450.00 Clerk 50.00 50.00 50.00 $500.00 $500.00 $500.00 Expenses : Labor $1,595:20) Other Expenses 1,240.20) $3,150.00 $3,150.00 $2,835.40 $3, 150.00 $3,150.00 With reference to the appropriation of the sum of $3,150.00 for "gages and Expenses , the Appropriation Committee recommends that $1500.00 be appropriated and transferred from the Westview Cemetery Sale of Lots Fund and the sum of $1650.00 be appropriated from. Revenue. Interest on Debt Interest Temporary Loans $750.45 $3500.00 $2146.87 General Loans 1390.00 1247.50 1247.50 Sewer Loans 3184.38 2580.63 2580.63 Drainage Loans 337:50 270.00 270.00 School Loans 9680.00 7755.00 7755.00 Water Loans 7156.25 5626.25 5626.25 $22498.58 $20979.38 $19626.25 Deduct Interest to be paid on Water Loans by Water Department 5626.25 5626.25 Balance to be appropriated $15353.13 v$14000.00 Maturing Debt Notes Payable General Loans $3500.00 $3500.00 $3500.00 Sewer Loans 19000.00 12000.00 12000.00 Drainage Loans 3000.00 3000.00 3000.00 School Loans 48500.00 48500.00 48500.00 Water Loans ' 44000.00 39000.00 39000.00 $118000.00 $106000.00 $106000.00 Deduct amount to be transferred from P.W.A. Water Standpipe Loan Fund 393.91 393.91 Balance to be appropriated $105606.09 $105606.09 Article 7. To see if the Town will make an appropriation for the suppression of Gypsy and Brown Tail moths, and other pests, in accordance with Chapter 132, General Laws, or act in any manner in relation thereto. r- Under this Article the Appropriation Committee recommends that appropriations be made as follows : For Personal Services (Salary of Superintendent) 300.00 For Wages- and Expenses $2600.00 3l0 Article 8. To see if the Town will vote to appropriate a sum of money for the Reserve Fund as provided by Chapter 40, Section 6, General Laws , or act in any manner in relation thereto. Under' this Article the Appropriation Committee rec- ommends a total appropriation of $3500.00 as follows : Appropriation and transfer from Overlay Reserve Fund - $1200.00 Appropriation from Revenue - 2300.00 Article 9. To see if the Town will vote to appropriate funds for the payment of pensions to retired members of the Police and — Fire Departments, under Chapter 32, General Laws, or act in any manner in relation thereto. Under this Article the Appropriation Committee re- commends appropriations as follows : For Fire Department Pensions 1107.81 For Police Department Pensions - , 1095.00 Article 10. To see if 'the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1937. The Appropriation Committee recommends favorable action. Article 11. To see if the Town will vote to appropriate a snm sufficient to pay the County of Middlesex, as required by law, the Town's share of the net cost of the care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, as assessed in accordance with the provisions of Chapter 111 of the -General Laws, and Acts in amendment thereof and in addition thereto, or take any action in relation thereto. .� Under this Article the Appropriation Committee rec- ommends the appropriation of the sum of $3,702.31. Article 12. To see if the Town will vote to transfer the sum of $1,438.23 received from Middlesex County for dog fees to the Cary Memorial Library Account. Under this Article the Appropriation Committee rec- ommends the transfer of the sum of $1,438.23 to the Cary Memorial Library Expense Account. Article 13. To see if the Town will vote to appropriate money to pay the necessary expenses of the Superintendent of Schools incurred outside the Commonwealth in securing information upon matters in which. the Town is interested or which may tend to improve the service in the School Department. Under this Article the Appropriation Committee rec- ommends the appropriation of the sum of $120.00. Article 14. TO see if the Town will, vote to appropriate a sum of money to defray expense incurred in the defense of the .__. cases ofRyderv. Town of Lexington, which pertain to Vine Brook Drainage. Under this Article the Ap?,ropriation Committee rec- ommends the appropriation of the sum of $1000.00 311 Article 15. To see if the Town will vote to transfer un- expended appropriation balances in any of the accounts to the Excess and Deficiency Account, or take any other action in re- lation thereto. Under this Article the Appropriation Committee recommends that transfers be made to the Excess and Deficiency Account as follows_: From Collector' s Dept.-Binding Records $88.00 From Insect & Tree Dept.-Power Sprayer Account 10.83 - _- From Westview Cemetery-Dwelling Repair Account 15.00 The Appropriation Committee also recommends the following transfer: From 'Water Cons truction-Bedford Street and Massachusetts Avenue Account to Water Con- struction Sundry Streets Account $39.51 Article 16 . To see if the Town will vote to establish as a town way, or accept the layout of as a town way, Robbins Road, from Locust Avenue to Lexington Avenue, a distance of approxi- mately 790 feet, as laid out by the Selectmen, under the Better- ment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated January 16, 1937, and to take by eminent domain the necessary easements therefor, and appropriate money for the construction of said street, or act in any manner in relation thereto. Under this Article the Appropriation Committee recommends the appropriation of the sum of $5,400.00. Article 17. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1937 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain any necessary easements therefor, and to appropriate money for said installation of mains by direct appropriation or by transfer from other funds. The Appropriation Committee recommends that the substance of this Article be adopted and that the sum of $1,700.00 be appropriated and transferred from the Sewer Assessment Fund. Article 18, To see if the Town will vote to install water mains in such accepted or unaccepted streets as may be applied for during the year 1937 in accordance with authority contained in the By-Laws of the Town, subject to the assessment of better- ments, and to take by eminent domain any necessary easements therefor, and appropriate money for said installation of mains by direct appropriation or by transfer from other funds. The Appropriation Committee recommends that the substance of this Article be adopted and that the sum of ;2,000.00 be appropriated, this - money to be provided by a transfer of $1,650.00 from the Water Assessment Fund and by a transfer of $350.00 from the Water Department Available Surplus Account. 312 Article 19. To see if the Town will vote to install an 8 inch water main. in Watertown Street for a distance of approx- imately 700 feet, subject to the assessment of betterments, and provide funds therefor by direct appropriation, or by transfer from other funds. The Appropriation Committee recommends that the substance of this Article be adopted and that the sum of $2,100.00 be appropriated and transferred from the Water Department Available Surplus Account. Article 20. To see if the Town will vote to install an 8 inch water main in Shade Street from Weston Street a distance -- of approximately 800 feet, subject to the assessment of better- ments , and to take by eminent domain any necessary easements therefor, and to provide funds for said installation by direct appropriation, or by transfer from other funds. The Appropriation Committee recozimiends that this Article be indefinitely postponed. Article 21. To see if the Town will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws. Under this Article the Appropriation Committee recommends the appropriation of the sum of $3,000.00. Article 22. To see if the Town will vote to raise and appropriate a slim of money for the improvement of Waltham Street; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; or take any other action in relation thereto. Under this Article the Appropriation Committee recommends the appropriation of the sum of $4,700.00. Article 23. To see if the Town will vote to raise and ap- propriate a sum of money for the improvement of Watertown Street, said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; or take any other action in relation thereto. Under this Article the Appropriation Committee recommends the appropriation of the sum. of 4-1,000.00. Article 24. To see if the Town will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax titles . Under this Article the Appropriation Committee recommends that the Board of Selectmen be authorized to sell and dispose of property taken by the Town by foreclosure of tax titles in those cases where the sale is approved by the Chairman of the Appropriation Committee, the Chairman of the Planning Board and the Chairman of the School Committee. Article 25. To see if the Town will vote to appropriate funds for labor and materials on public works and for other ex- penses in cor+nection therewith, to be expended by the Selectmen for aid to persons employed on various projects . Under this Article the Appropriation Committee recommends the appropriation of the sum of $4,000.00. 313 Article 26. To see if the Town will vote to establish a Road. Machinery Fund, to which shall be credited all receipts re- ceived for the use or rental of road machinery, the proceeds to be appropriated as voted by the town for road machinery purposes, or take any action in relation thereto. The Appropriation Committee recommends that the substance of this Article be adopted. Article 27. To see if the Town will vote to appropriate the sum of $8,225.00 to establish a Road Machinery Account for the purpose of purchasing, repairing and operating road machinery. Under this Article the Appropriation Committee recommends the appropriation of the sum of $6,725.00, and it is further recommended that this money be provided as follows : By direct appropriation - $6,608.45 By transfer from the 1936 Account for purchase of Highway Dept. Grader - 100.00 By transfer from the 1936 Account for purchase of the Highway Dept. Truck - 16.55 Article 28. To see if the Town will authorize the Board of Selectmen to grant the Lexington Post, Veterans of Foreign Wars, the use of the auditorium in the Cary Memorial Building without charge on six evenings each year, also the use of Estabrook Hall in said building without charge, for the regular meetings of the Veterans of Foreign Wars, or act in any manner in relation thereto. The Appropriation Committee recommends favorable action. Article 29. To see if the Town will vote to accept the Provisions of law relative to the compensation of municipal em- ployees who are injured in the course of their employment under authority of Chapter 260 of the"Acts of 1936, as amended by Chapter 403 of the Acts of 1936, and to see if the Town will vote to determine the employees for whom compensation insurance shall be provided. The Appropriation Committee recommends the acceptance of the provisions of law relative to the compensation of municipal employees who are injured in the course of their employment under authority of Chapter 260 of the Acts of 1936, as amended by Chapter 403 of the Acts of 1936, and it is further recommended that all employees of the Town be included under the Workmen's Compensation Insurance coverage except the members of the Police and -Fire Departments who are excluded under the terms of the Act. Article 30. To see if the Town will vote to appropriate money to pay any unpaid bills for prior years of the various town r- departments . Under this Article the Appropriation Committee recommends appropriations as follows: For 1935 Bills of the Highway Dept. - $403.20 For 1936 Bills of the Public Welfare Dept. - 8641.45 314 0-1 Article 31. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Tower Road, from the present end of acceptance a distance of approximately 80 feet southeasterly, as laid out by the Selectmen and shown upon a certain plan on file in the office of the Town Clerk, dated February 10, 1936. The Appropriation Committee makes no rec- ommendation under this Article. Article 32. - To see if the Town will vote to appropriate the sum of $125.00 for the purchase of a Map for the use of the Town Meeting Members, or take any other action in relation thereto. Under this Article the Appropriation Committee recommends the appropriation of the sum of $125.00. Article 33. To see if the Town will vote to amend the Lex- ington Zoning By-Law and Map as follows: To substitute for the Amendment to the Zoning Law adopted by the Town at the Town Meeting November 7, "1930, which reads, "Voted:--That the town amend the Lexington Zoning By-Law and map by changing from an R.1. District to C.1. District the plot of land owned by Ethel W. Bean and located on the easterly side of Bedford. Street, northwest of property of said name at 241 Bedford Street, said plot extending east- erly two hundred (200) feet; thence turning and running in a northerly direction three hundred (300) feet; thence turning and running southwesterly two hundred fifty (250) feet to Bedford Street; thence turning and running south- easterly along Bedford Street two hundred forty-seven (247) feet to the .point of beginning and comprising one and three eights (1 3/8) acres of land more or less ." The following paragraph to be placed in Section 3, under the heading "In 0.1 Districts :-" 22. Beginning at a point in the northeasterly side line of Bedford Street, said point being southeasterly and distant 219.04 feet from the southeasterly terminus of a curve of radius 1513.11 feet; thence running northeasterly distant 200 feet; thence turning and running northwesterly distant 300 feet; thence turning and running southwesterly distant 250 feet to the northeasterly side line of Bedford street; thence turning and running by said side line of Bedford Street, southeasterly distant 247 feet to the point of beginning and comprising 1 3/8 acres of land more or less, or take any action thereon. The Appropriation Committee makes no recommendation under this Article. Article 34. To see if the Town will vote to amend the Lex- ington Zoning By-Law as follows: By removing from Section 3, C.1 Districts, the two following paragraphs :- "Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the south- erly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and of a depth of 100 feet throughout. "At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turn- pike 98.97 feet• north westerly by a line at right angles to said Watertown Street 98.97 feet; and north- easterly by said Watertown Street 286.96 feet." 315 And by adding the following to Section 3 after paragraph 10 under "H.2 Districts" and preceding the heading f"C.1 Districts" :- T.1 istricts ` :- T.1 Districts 1. Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Hi hluay, thence easterly along the southerly line of the Concord Highway 200 feet, and of a depth of 100 feet throughout. r— 2. At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said turnpike 277.50 feet; westerly by a line at right angles to said Turn- pike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet. And by changing the Zoning Map in accordance therewith, or take any action thereon. The Appropriation Committee makes no recommendation under this Article. , Article 35. To see if the Town will vote to amend the Lex- ington Zoning By-Law by inserting in Section 7:- (a) in the first line, after 'tR.2t , the phrase `sand T.1", or take any action thereon. The Appropriation Committee makes no recommendation under this Article. Article 36. To see if the Town will vote to authorize the Selectmen to construct granolithic sidewalks *h ere ,the abutting owner pays one-half the cost, and provide funds for said con- struction by direct appropriation. The Appropriation Committee recommends that the substance of this Article be adopted and that the sum of $500.00 be appropriated. Article 37 . To see if the Town will vote to install under- ground cable for the Fire Department and pay for the same by direct appropriation or by transfer from available funds. Under this Article the Appropriation Committee recommends the installation of underground cable for the Fire Department from the East Lexington Fire Station to the Arlington Line, and further recommends that the sum of $3,975.00 be appro- priated for this purpose, the funds to be pro- vided as follows : By direct appropriation $3,887.00 By transfer from 1936 Account for Fire Dept. Underground Cable 88.00 Article 38. To see if the Town will establish a Planning Board under General Laws , Chapter 41, sec. 81A, as enacted by Statute 1936, Chapter 211, sec. 4, or act in any manner in relation thereto. The Appropriation Committee makes no recommendation under this Article. 316 Article 39. To see if. the Town_ will accept the provisions of Section 81 F, 81 G, 81 H, 81 I, and 81 J Of Chapter 41 of the General Laws, as enacted by Statute 1936, Chapter 211, Section 4, or act in any manner in relation thereto. The Appropriation Committee makes no recommendation under this Article. Article 40. To see if the Town will provide for a Board of Appeals under General Laws, Chapter 41, Section 81 I, as enacted by Statute 1936, Chapter 211, Section 4 by amending the General By-Laws of the Town by adding a paragraph to that effect to Article XXVI, or act in any manner in relation thereto. The Appropriation Committee makes no recommendation under this -Article.- Article 41. To see if the Town will vote to appropriate a sum of money to defray the expenses incurred by the Retirement Board to be established under Chapter 518 of the Acts of 1936, or take any action in relation thereto. Under this Article the Appropriation Committee recommends the appropriation of the sum ,of $500.00 Article 42. To see if the Town will vote to appropriate a sum of money for the improvement of the traffic control signal system in Lexington Center, or take any action in relation thereto. The Appropriation Committee recommends that this Article be indefinitely postponed. Article 43. To see if the Town will purchase or take by Eminent Domain the property numbered 1557 Massachusetts Avenue, ._..• adjoining the Cary Memorial Building, formerly owned by the late William L. Barnes, for any appropriate municipal purpose, and to pay for the same in whole or in part by direct aptoropria- tion, by transfer from available funds or by the issue of notes or bonds of the Town. Under this article, the Appropriation Committee recommends the purchase of the so-called"Barnes property at a price not in excess of $25,000.00, _ and further recomthends the appropriation of this sum of $25,000.00, of which 41)3,660.00 shall be a direct appropriation, $1,840 shall be by transfer from the sale of Real Estate Fund and $19,500.00 shall be obtained by the issue of notes or bonds of the Town for a period of five years. Article 44. To see if the Town will purchase for a school playground and paaik purposes the parcel of land owned by Harriette W. Smith asshown on a plan entitled "Plan of Proposed Addition to Parker School Property, Lex. , Mass. , for School, Playground and Park Purposes, Scale 1 in. - 40 ft. , k'eb. 15, 1937, John T. Cosgrove, Town Engineer" and containing 38,690 square feet, and compromise two petitions for damages arising out of the layout of Valley Road brought against the Town, one by Harriette W. Smith and the other by Harriette W. Smith, and others, now pend- ing in the Superior Court, and pay for the same by direct appro- priation, by transfer from available funds or by the issue of notes or bonds of the Town in accordance with law. The Appropriation Committee recommends that this article be indefinitely postponed. 317 Article 45. To see if the Town will vote to appropriate the sum of $300.00 to be expended under the direction of the Selectmen upon Depot Park for construction and labor in accord- ance with the plan presented by the Lexington Field & Garden Club. Under this article, the Appropriation Committee recommends the appropriation of the sum of $300.00. r- Article 46. To see if the Town Meeting Members will vote to authorize their precincts to choose members necessary to represent them on the Lexington Town Meeting `Members'' Association as an Executive Committee, and to appropriate a sum of money to defray the expenses of said Committee. Under this article, the Appropriation Committee recommends that no money be appropriated. Article 47. Toseeif the Town will vote to appropriate money for the purchase of new Whistle Apparatus for the Fire Department. Under this article, the Appropriation Committee recommends the appropriation of the slim of v$1500.00. Article 48. To see if the Town will vote to accent the recommendation of the Selectmen for the changing of the names of certain streets, or act in any manner in relation thereto. The Appropriation Committee makes no recommendation under this article. Article 49. To see if the Town will vote to construct Reed Street from about 500 ft. north of Sunnyknoll. Avenue to Ash Street, a distance of approximately -1,000 feet, and appropriate money for the construction of said street, or act in any manner in relation thereto. - - The Appropriation Committee recommends thatthe - substance of this article be adopted and that the slim of $5100.00 be appropriated. Article 50. To see if the Town will vote to appropriate funds for- the disposal of surface drainage by the constriction of drains- or conduits and for that purpose to take lands or ease- ments by Eminent Domain as follows : In- private lands of Ellen B. Welch, Lulu M. Blake, Heirs of Hallie C. Blake, and. in Patriot's Drive from the McIntosh drain at 24 Merriam Street to the manhole in the Right of Way off Hancock Street in the rear of land of Lena G. Dreselly; Reed Street and lands of Ernest E. MacPhee and the Lexington Co-operative Bank; Locust Avenue, Independence Avenue, and Massachusetts Avenue to Curve Street; and in such other streets and locations as the Selectmen may designate. The Appropriation Committee recommends that the substance of this article be adopted and that the sum of $19,600.00 be appropriated. 31$ Article 51. To see if the Town will vote to appropriate money for the replacement and the installation of water mains not less than 6 inches and not more than sixteen inches in diameter in the following streets and in such other streets as the Selectmen may determine= Sherman Street from Grant Street to Fletcher Avenue, a distance of approximately 800 feet; ' Highland Avenue, from Bloomfield Street to Percy Road, a distance of approximately 510 feet; Forest Street, from Muzzey Street to Waltham Street, a distance of approximately 500 feet. The Appropriation Committee recommends that the substance- of this article be adopted and that the sum of $9,640.00 be appropriated and transferred from the Water Department Available Surplus Account. Article 52. To see if the Town will appropriate money to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages of superintendence on public works for which the Town has power to appropriate money to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work, or take any action in reference thereto. The Appropriation Committee recommends that the substance of this article be adopted and that the sum of $5,000.00 be appropriated. SUMMARY OF APPROPRIATIONS RECOMMENDED Article 6. Appropriation Committee Personal Services 310.00 Expenses 350.00 `- Selectmen's Department - - Personal Services 2,862.67 Expenses 2 ,236.00 Accounting Department Personal Services 3,922.50 Expenses 402.00 Treasurer's Department Personal Services 1,365.00 Expenses 516.90 Foreclosure and Redemption of Tax Titles _ 2,300.00 Other Finance Offices and Accounts 200:00 Collector' s Department Personal Services 4;880;50 Expenses - 2,000.00 Assessor's Department Personal Services 5,402 .00 Expenses 600.00 Law Department Personal Services 1,962.50 Expenses 425.00 Town Clerk's Department Personal Services 2,177.50 Expenses 130.00 Elections Expenses 601.00 Registration of Voters Personal Services _ 250.00 Expenses 255.92 Public Works - Superintendent 's Office Personal Services 5,191.17 Expenses 900.00 Town Offices and Cary Memorial Building Personal Services 3,200.00 Expenses 6,800.00 319 Engineering Department Personal Services $11,359.84 Expenses 1,270.00 Planning Board Expenses 250.00 Board pf Appeals Expenses 200.00 Police Department Personal Services 34,393.27 Expenses 3,730.00 Fire Department Personal Services 33,410;94 Expenses 7,980.00 Building Department Personal Services 1,072.50 Expenses 125.00 Wire Department Personal Services 600;00 Expenses 110.00 Weights and Measures Department Personal Services 450.00 Expenses _ 100.00 Tree Department Wages and Expenses 2,500.00 Forest Fires Personal Services 200.00 Wages and Expenses 1,235.00 Dog Officer Personal Services 100.00 Health Department Personal Services 500.00 Expenses 5,500.00 Dog Clinic .� Expenses 350.00 Dental Clinic Personal Services 1,750.00 Expenses 100.00 Posture Clinic Expenses 700.00 Vital Statistics Birth and Death Returns 50.00 Animal Inspection Personal Services 500.00 Slaughtering Inspection Personal Services 700.00 Plumbing Department Personal Services 800.00 Expenses 50.00 Sewer Maintenance- Personal Services 1,021.59 Wages and Expenses 6,935 .00 Sewer Services Wages and Expenses 1,550.00 Care of Dumps and Removal of Ashes Wages and Expenses 1,900.00 Garbage Collection Contract 3,310.00 Highway Maintenance --• Personal Services 5;262.01 Wages and Expenses 38,387:00 Highway Department Curbing 1;250;00 Snow Removal 7,500.00 Traffic Regulation and Control 1;500.00 Street Lights 22,500.00 Street Signs 2,200.00 Public Welfare Department Personal Services 5,498;17 Aid and Expenses 39,501.83 Town Physician 750.00 320 Dependent Children Aid and Expenses $5,000.00 Old Age° Assistance Aid and Expenses 12,500.00 Soldiers ' Benefits State Aid 400:00 Military Aid 400;00 Soldiers ' Burials 100.00 Soldiers' Relief 3,500.00 School Maintenance Personal Services 187;282:42 Expenses 37,307.22 Americanization Classes 200.00 Vocational Tuition 1,794.00 Libraries Personal Services 9,188.50 Expenses 3,746.77 Parks and Playgrounds Personal Services 3,829.34 Wages and Expenses 10,670.66 insurance Workmen's Compensation and Public Liability 3,949.00 Fire, Sprinkler Damage, Boiler and Hold-Up 3,312.00 Memorial Day 250.00 Expenses Patriot's Day Expenses 500.00 Administration of Trust Funds Expenses 70.00 Town Report Printing 1,200.00 Public Works Building Wages and Expenses 8,484.00 Equipment 405:00 Improvement of Building and Grounds 1,000.00 Unclassified Sundry Items 700.00 __.. Water Maintenance Personal Services 40153.09 Wages and Expenses 56,546.91 Water Replacements Expenses 1,500.00 Water Services Wages and Expenses 5,200.00 Cemetery Maintenance - Munroe Personal Services 300.00 `gages and Expenses 1,800.00 Cemetery Maintenance - Westview Personal Services 500.00 Wages and Expenses 3,150.00 Interest on Debt Sundry Loans 14,000.00 Maturing Debt - Sundry Loans- 105,606.09 Total Article 6. $786,937.81 Article 7. Insect Suppression Personal Services 300.00 Wages and Expenses 2,600.00 Article 8. Reserve Fund 3,500.00 Article 9. Pensions - Fire Department 1,107.81 Pensions - Police Department 1,095.00 Article 11. Middlesex County Tuberculosis Hospital Assessment 3,702.31 321 Article 13. School Dept. Out of State Travel 120.00 Article 14. Law Department _ Ryder Case - Vine Brook Drainage 1,000.00 Article 16. Highway Construction - Robbins Road 5,400.00 Article 17. Sewer Construction - Sundry Streets 1,700.00 Article 18. Water Construction - Sundry Streets 2,000.00 Article 19. Water Construction - Watertown Street 2,100.00 Article 21. Highway Maintenance - Chapter 90 3,000.00 Article 22 . Highway Construction - Waltham Street - Chapter 90 4,700.00 Article 23. Highway Construction - Watertown Street - Chapter 90 1,000.00 Article 25. Labor, Materials and Expenses on Public Works 4,000.00 Article 27 . Road Machinery 6,725.00 Article 30. Public Welfare - 1936 Bills 641.45 Highway Department - 1935 Bills 403.20 Article 32. Town Meeting Map 125.00 Article 36. _ Sidewalk Construction - Sundry Streets 500.00 Article 37. Fire Dept. Underground Cable 3,975.00 Article 41. Retirement Board Expenses 500.00 Article 43. Purchase of Barnes Property 25,000.00 Article 45. - - Depot Park Beautification 300.00 Article 47, Fire 7.- Fire Department Whistle 1,500.00 Article 49. Highway Construction - Reed Street 5,100.00 Article 50. Drain Construction 19,600.00 Article 51. Water Construction - Replacement of Mains 9,640.00 Article 52. - Material, Equipment, Wages and Superintendence on Public Works for Aid of Welfare 5,000.00 Total of Warrant $903,272.58 OUTSIDE OF TAX LEVY Article 6 - Water Receipts . To offset appropriations for - Water Maintenance Personal Services $4,153.09 Water Maintenance .Wages and Expenses 56,546.91 Water Replacements 1,500.00 Water Services 5,200.00 Article 6 - Westview Cemetery Sale of Lots Fund. Part of appropriation for - JVages and Expenses - Westview Cemetery 1,500.00 322 Article 6 - Sewer Assessment Fund - Part of appropriation for - Sewer Maintenance - Wages and Expenses $3,000.00 Article 6 - Curbing - Bedford Street - 1936 Account Part of appropriation for - Highway Curbing 285.45 Article 8 - Overlay Reserve Fund - Part of appropriation for - Reserve Fund 1,200.00 Article 17 - Sewer Assessment Fund Appropriation for - Sewer Construction - Sundry Streets 1,700.00 Article 18 - Water Department Available Surplus -- Part of appropriation for - Water Construction - Sundry Streets 350.00 Article 19 - Water Department Available Surplus Appropriation for - Water Construction - Watertown Street '2,100.00 Article 27 - Rirrhway Department Grader - 1936 Account Part of appropriation for - • Road Machinery 100.00 Article 27 - Highway Department Truck - 1936 Account • Part of appropriation for - Road Machinery 16.55 Article 37 - Fire Department Underground Cable Account 1936 Part of appropriation for - Fire Department Underground Cable 88.00 Article 43 - Bond Issue Part of appropriation for - Purchase of Barnes Property 19,500.00 Article 43 - Sale of Real Estate Fund , Part of appropriation for - • Purchase of Barnes Property 1,840.00 Article 51 - Water Department Available Surplus - Appropriation for - Water Construction - Replacement of Mains 9,640.00 Total Outside of Tax Levy $110,370.00 _ Total ,of Warrant $903,272,58 Less Amounts outside of Tax Levy 110,370.00 Net Appropriations Recommended $792,902.58 Add Taxes to State and County as estimated: State Tax 33,000.00 County Tax 32;000.00 North Metropolitan Sewer Tax 9,500.00 State Parks and Reservations Tax 200.00 Auditing Municipal Accounts Tax 2,000.00 Add - Overlay for 1937 as estimated 10,000.00 0879,602.58 Deduct Receipts as estimated (Except Water Dept.) Income Tax 541,500.00 Corporation Tax 5,100.00 Race Tracks - 1,500.00 • Motor Vehicle Excise 28,500.00 -- Special Assessments 8,000.00 a Schools 27,000.00 • Interest 10;000.00 Charities 20,000.00 Other Receipts 12,000.00 153,600.00 $726,002.58 323 x$726,002.58 Deduct Poll Taxes as estimated 6,800.00 Balance to be raised in Tax Levy, as estimated $719,202.58 Rate of $33.00 per thousand on an estimated valuation of 21,800,000.00 $719,400.00 Respectfully submitted, A. EDWARD ROWSE Chairman A. RANDALL SODERBERG WINTHROP H. BOWKER LOUIS E. YEAGER GEORGE M. HYNES EDWARD W. SIBLEY ALPHONSO B. WEST RAYMOND L. WHITE A. M. RUCKER JAMES H. RUSSELL Secretary (Town Accountant) APPROPRIATION COPIMITTEE OF THE TOWN OF LEXINGTON Motion made and seconded the report be accepted and placed on file. Carried Unanimous 8:19 P.M. Under Article 2, William H. Ballard, Chairman of Vine Brook Drainage Committee, submits the following report : March 9, 1937 Town of Lexington: The Vine Brook Drainage Committee,- the appointment of which was authorized by vote at the Town Meeting held September 21, 1936 received formal notice of their appointment under date of November 6, 1936,- held their first meeting and organized on November 23, 1936. Since that time your Committee has met once a week r— with the exception of two or three weeks . While substantial progress has been made with the work of the Committee, we find there is still much to be done before a final report to the Town can be completed. We request that you accept this report of progress 324 cyl and grant the Committee such additional time as they may feel is essential in order to complete a _report in accordance with the Vote of the Town. Yours very truly, Vine Brook Drainage Committee Robert H. Eldredge Edwin B. Worthen J. Henry Duffey Roy A. Ferguson, Secretary H. Ballard, Chairman ( signed) W. H. Ballard. William H. Ballard presents report as a report of progress, stating the Committee would like an extension of time. Moderator asks how much time, answered, a week or ten days . Motion made and seconded the report be accepted as a repart of progress . Carried Unanimous 8 :20 P.M. Art. 3. Selectman Charles E. Ferguson moves to take up Article 3, presenting the following: Voted: That John C. Russell and Edward C. Maguire be elected as field drivers. Carried Unanimous 8:21 P.M. Art. 4. Selectman Charles E. Ferguson moves to take up Article 4, presenting the following: Voted: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1938, and to issue a note or notes therefor, payable within one year and to renew any note or notes as maybe given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Carried Unanimous 8:22 P.M. ' Art . 5. Selectman Charles E. Ferguson moves to take up Article 5, presenting the following: Voted: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1937, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1937. Carried Unanimous 8:23 P.M. Selectman Charles E. Ferguson gives explanation of figures concerning tax rate. Art. 6. Selectman Charles E. Ferguson moves to take up Article 6. Selectman Ferguson states figures to be presented as total amounts for each appropriation. Chairman Rowse of the Appropriation Committee states it would be better to present amounts broken down, presenting the following motion: That it is the sense of the meeting that the amounts be divided as of personal services and wages and expenses . 325 Question by Edwin B. Worthen, if Town Accountant was the Clerk of the Appropriation Committee. Answered by Chairman of Appropriation Committee - Yes . Motion Carried 8:36 P.M. The following presented: For the expenses of the Appropriation Committee, $660.00 -� For the expenses of the Appropriation Committee, $660.00 Personal Services $310.00 Expenses 350.00 Carried Unanimous 8:37 P.M. For salaries and expenses of the Selectmen's Dept., 5098.67 For salaries and expenses of the Selectmen's Dept., 5098.67 Personal Services $2,862.67 Expenses 2,236.00 Carried Unanimous 8:38 P.M. For the salary and expenses of the Town Accountant, 4324.50 For the salary and expenses of the Town Accountant, 4324.50 Personal Services $3,922.50 Expenses 402.00 Carried Unanimous 8:39 P.M. For the salary and expenses of the Town Treasurer, 1881.90 ( of ,which $975.00 is for salary of the Town Treasurer) For the salary and expenses of the Town. Treasurer, 1881.90 (of ,which $975.00 is for salary of the Town Treasurer) Personal Services $1,365.00 Expenses 516.90 Carried Unanimous 8 :40 P.M. For the foreclosure and redemption of Tax Titles, 2300.00 , For the foreclosure and redemption of Tax Titles , 2300.00 Expenses $2,300.00 Carried Unanimous 8:41 P.M. For.the salary and expenses of the Collector, _6880.50 (of-which $2812.50 is for salary of the Collector) For the salary and expenses of the Collector, 6880.50 (of which $2812.50 is for salary of the Collector) Personal Services $4,880.50 Expenses 2,000.00 Carried Unanimous 8:42 P.M. For the salary and expenses of the Board of Assessors, 6002.00 For the salary and expenses of the Board of Assessors, 6002.00 Personal Services $5,402 .00 Expenses 600.00 Carried Unanimous 8:43 P.M. [-, For Other Finance Offices and Accounts, 200.00 For Other Finance Offices and Accounts , 200.00 Expenses $200.00 Carried Unanimous 8:44 P.M. For legal services and expenses , 2387.50 For legal services and expenses, 2387.50 Personal Services $1,962.50 Expenses 425.00 Carried Unanimous 8:45 P.M. 326 Cri For the salary and expenses of the Town Clerk, $2307.50 (of which $1787 .50 is for salary of the Town Clerk) For the salary and expenses of the Town Clerk, 2307 .50 (of which ' 1787.50 is for salary of the Town Clerk) Personal Services $2,177.50 Expenses 130.00 Carried Unanimous 8:45 F.M. For Elections, 601.00 For Elections, 601.00 Expenses $601.00 Carried Unanimous 8:46 P.M. For Registration of Voters, 505.92 For Registration of Voters, 505.92 Personal Services $250.00 Expenses 255.92 • Carried Unanimous 8:46 P.M. • For the salary and expenses of the Supt. of Public Works, 6091.17 For the salary and expenses of the Supt. of Public Works, 6091.17 Personal Services 05,191.17 Expenses 900.00 Carried Unanimous 8:46 P.M. For the expenses of the Town Office Bldg. , and Cary Memorial Building, - 10000.00 For the expenses of the Town Office Bldg. , and Cary Memorial Building, 10000.00 Personal Services $3,200.00 r� Expenses 6,800 .00 Carried Unanimous 8:46 P.M. For the salaries and expenses of the Engineering Dept., 14260.68 - Explanations by Chairman A. Edward Rowse, Appropriation Committee, offering amendment that personal services read $11,359.84. Mr. George W. Sarano calls on John W. Raymond , Jr. , Supt. of Public Works, for explanations, same given by .Mr. Raymond. • Selectmen Charles E. Ferguson reads lists of projects to be covered. The motion to amend personal services to read $11,359.84 declared-lost - 9:03 P.M. Motion as presented: Personal Services $12,990.68 Expenses 1,270.00 Carried Unanimous 9:04 P.M. For the expenses of the Planning Board, 250.00 For the expenses of the Planning Board, 250.00 _.. Expenses $250.00 Carried Unanimous 9:04 P.M. For the expenses of the Board of Appeals, 200.00 For the expenses of the Board of Appeals , 200.00 Expenses $200.00 • Carried Unanimous 9:04 P.M. :327 For the salaries andexpenses of the Police Dept. , 38123.27 For the salaries and expenses of the Police Dept. , 38123.27 Personal Services $34;393.27 Expenses 3,730.00 Carried Unanimous 9 :04 P.M. For salaries and expenses of the Fire Department, 40990.94 For salaries and expenses of the Fire Department, 40990.94 -� Personal Services $33,410.94 Expenses 7,580.00 Carried Unanimous 9:04 P.M. For the salary and expenses of the Building Inspt., 1197.50 For the salary and expenses of the Building Inspector, 1197.50 Personal Services $1,072.50 Expenses 125.00 Carried Unanimous 9 :05 P.M. For the salary and expenses of the Wire Inspector, 710.00 For the salary and expenses of the Wire Inspector, 710.00 Personal Services $600.00 Expenses 110.00 Carried Unanimous 9:05 P.M. For the salary and expenses of the Sealer of Weights and Measures, 550.00 For the salary and expenses of the Sealer of Weights and Measures, 550.00 Personal Services $450.00 Expenses 100.00 Carried Unanimous 9:05 P.M. For the protection of public shade trees and for the planting of shade trees, 2500.00 For the protection of public shade trees and for the planting of shade trees, 2500.00 Wages and Expenses $2500.00 Carried Unanimous 9:06 P.M. For the expense of Forest Fires, 1435.00 For the expense of Forest Fires, 1435.00 Personal Services $200.00 Expenses 1,235.00 Carried Unanimous 9:06 P.M. For the salary of the Dog Officer, 100.00 For the salary of the Dog Officer, 100.00 Personal Services 5100.00 Carried Unanimous 9:06 P.M. For the maintenance of Public Health and sanitation, 6000.00 r- For the maintenance^ of Public Health and sanitation, 6000.00 Personal Services $500.00 Expenses 5,500.00 Carried Unanimous 9:07 P.M. Fpr the expenses of, the Dog Clinic, 350.00 ` For the expenses of the Dog Clinic, 350.00 Expenses $350.00 Carried Unanimous 9:07 P.M. 328 Fon the expenses of the Dental Clinic, 1850.00 For the expenses of the Dental Clinic, 1850.00 Personal Services $1,750.00 Expenses 100.00 Carried Unanimous 9:07 P.M. For the expenses of the Posture Clinic, 700.00 For the expenses of the Posture Clinic, 700.00 Expenses $700.00 Carried Unanimous 9:08 P.M. For Vital Statistics, 50.00 For Vital Statistics, 50.00 Expenses $50.00 Carried Unanimous 9:08 P.M. For the salary of the Inspector of Animals, 500.00 For the salary of the Inspector of Animals 500.00 Personal Services $500.00 Carried Unanimous 9:08 P.M. For the salary of the Inspector of Slaughtering, 700.00 For the salary of the Inspector of Slaughtering, 700.00 Personal Services $700.00 Carried Unanimous 9:08 P.M. For the salary and expenses of the Plumbing Inspector, 850.00 For the salary and expenses of the Plumbini Inspector, 850.00 Personal Services $800.00 Expenses - 50.00 Carried Unanimous 9:08 P.M. For the expenses of the Sewer Maintenance Dept. , 7956.59 (of which $4956.59 is to be raised by direct appropriation and $3, 000. is to be trans- ferred from the Sewer Assessment Fund) . _ For the expenses of the Sewer Maintenance Dept. , 7956.59 Personal Services $1,021.59 (of which $4956.59 is to be raised by direct appropriation and $3,000.00 is to be trans- ferred from the Sewer Assessment Fund) . Carried Unanimous 9:10 P.M. For sewer- services, 1550.00 For sewer services, 1550.00 Expenses & Wages S1,550.00 Carried Unanimous 9:10 P.M. For the removal of ashes and care of dumps, 1900.00 For the removal of ashes and care of dumps, 1900.00 Expenses $1,900.00 Carried Unanimous 9:10 P.M. For the expense of collecting garbage, 3310.00 For the expense of collecting garbage, 3310.00 Expenses $3,310.00 Carried Unanimous 9:11 P.M. 329 For the maintenance and care of highways, $43649.01 For the maintenance and care of highways, 43649.01 Personal Services $5,262:01 Expenses 38,387 .00- - Carried Unanimous 9:15 P.M. For Highway Curbing, - 1250.00 (of which $964.55 is to be raised by direct appropriation and $285.45 is to be transferred from the 1936 Acct. for Highway Curbing, Bedford Street) . For Highway Curbing, - Wages & Expenses 1250.00 (of which $964.55 is to be raised by direct appropri- ation and $285.45 is to be transferred from the 1936 Acct. for Highway Curbing, Bedford Street) . By direct appropriation $964.55 By transfer from the 1936 account for Highway Curb- ing, Bedford Street. 285.45 Carried Unanimous 9:15 P .M. For the expense of removal of snow and ice, 5000.00 For the expense of removal of snow and ice, 5000.00 Wages and Expenses $5,000.00 Carried Unanimous 9:16 P.N. For the expenses of Traffic Regulation & Control, 1500.00 For the expenses of Traffic Regulation & Control, 1500.00 Wages and Expenses 91 ,500.00 Carried Unanimous 9 :16 P.N. L- For the expense of Street Lights , 22900.00 Explanations by Selectman Ferguson additional $400.00 asked for to increase lighting power from Woburn Street to Arlington line. ' Chairman Rowse, Appropriation Committee, presents amendment to read: for Street Lights $22,500.00 Declared Carried 9:21 P.M. Decision doubted. The Moderator appoints tellers for a standing count; results as follows : In Favor Tellers Opposed 16 L. V. Farnham 16 48 J. H. Lewis 42 24 R. D. Mayo 13 88 71 Amendment Carried 9:24 P.M. Motion amended to read $22,500.00 r- Carried Unanimous 9 :24 P.M. For the construction and repair of street signs, 2200.00 For the construction and repair of street signs, 2200.00 Wages and Expenses $2 ,200.00 Carried Unanimous 9:24 P.M. 330 1-4 For the expense of Aid to Dependent Children, $5000.00 For the expense of Aid to Dependent Children, 5000.00 Aid and Expenses $5,000.00 Carried Unanimous 9:25 P.M. For the expense of Old Age Assistance, 12500.00 For the expense of Old Age Assistance, 12500.00 Aid and Expenses $12,500.00 Carried Unanimous 9:25 P.M. For State Aid, 400.00 For State Aid, 400.00 Cash Grants For Relief $400.00 Carried Unanimous 9:26 P.M. For Military Aid, 400.00 For Military Aid, 400.00 Cash Grants For Relief $400.00 Carried Unanimous 9:26 P.M. For Soldiers ; Burials, 100.00 For Soldiers ! Burials, 100.00 Expenses $100.00 Carried Unanimous 9:26 P.L. For Soldiers ! Relief, 3500.00 For Soldiers ' Relief, 3500..00 Aid and Expenses $3,500.00 Carried Unanimous 9:27 P.M. -- For the salary of the Tow Physician, 750.00 For the salary of the Town Physician, 750.00 Personal Services $750.00 Carried Unanimous 9:27 P.M. For the support of the Public Schools, 224589.64 (To be presented by the School Committee) For the support of the Public Schools, 224589.64 (To be presented by the School Committee) Personal Services $187,282.42 Expenses 37,307 .22 Carried Unanimous 9:28 P.M. For the expense of the Americanization Classes, 200.00 For the expense of the Americanization Classes, 200.00 Expenses $200.00 Carried Unanimous 9:28 P.M. For the expense of Vocational Tuition, 1794.00 For the expense of Vocational Tuition 1794.00 Expenses $1,794.00 Carried Unanimous 9:28 P.M. 331 For the support of the Libraries, 512935.27 For the support of the Libraries , 12935.27 Personal Services $9,188.50 Expenses - Amended to read 3,746.77 Carried Unanimous 9 :29 P.M. For the maintenance of Public Parke and Playgrounds, 15118.34 Chairman Rowse of the Appropriation Committee makes amend- ment to motion that Wages and Expenses read $10,670.66. Amendment declared carried 8:34 P.M. Decision doubted. Standing vote taken. In Favor Tellers Opposed 10 _ L. V. Farnham 26 43 J. A. Lewis 39 30 R. D. Mayo 7 83 72 Carried 8:35 P.M. "Motion presented and voted as follows: Maintenance of Parks and Playgrounds Persona/ Services $3,829.34 Wages and Expenses 10,670.66 Carried Unanimous 8 :35 P.M. For the proper observance of Memorial Day, to be `-' expended under the direction of the Sons of Union Veterans of the Civil War, 250.00 For the proper observance of Memorial Day, to be expended under the direction of the Sons of Union Veterans of the Civil War, 250.00 Expenses $250.00 Carried Unanimous 9:35 P.M. For the expenses of the April 19th celebration, 500.00 For the expenses of the April 19th celebration, 500.00 Expenses $500.00 Carried Unanimous 9:35 P.M. For the administration of Trust Funds, 70.00 For the administration of Trust Funds , 70.00 Expenses $70.00 Carried Unanimous 9:35 P.M. For the expense of printing and publishing the Town Report, 1191.20 r- For the expense of printing and publishing the Town Report, 1191.20 Expenses $1,191.20 Carried Unanimous 9:35 P.M. For the expense and operation of the Public Works Building, 10374.00 Chairman Rowse, A tynooriation Committee, makes motion to amend Special Equipment to read $405.00 . Amendment carried 9 :40 P.M. 332 Motion presented as follows : Wages and Expenses 08,484.00 Special Equipment 405.00 Building and Grounds Improvements 1,000.00 $9,889.00 Carried Unanimous 9:40 P.M. For unclassified expenses, $700.00 For unclassified expenses , 700.00 -- Expense's $700.00 Carried Unanimous 9:41 P.M. For the Water Maintenance Account, 60700.00 For the Water Maintenance Account, 60700.00 Personal Services $4,153.09 Expenses 56,546.91 Carried Unanimous 9 :41 P.T . For Water Services, 5200.00 For Water Services, 5200.00 Wages and Expenses $5,200.00 Carried Unanimous 9:41 P.M. For water Maintenance -Replacements, 1500.00 • For Water Maintenance Replacements, 1500.00 Expenses $1,500.00 Carried Unanimous 9:41 P.M. For the maintenance of Munroe Cemetery, 2100.00 For the maintenance of Munroe Cemetery, 2100.00 Personal Services $300 .00 Expenses 1,800.00 Carried Unanimous 9:42 P.M. For the maintenance of Westview Cemetery, 3650.00 Made up as follows : Personal Services $500.00 Wages & Expenses 3,150.00 Made up as follows : To be appropriated from Revenue $1,650.00 From sale of lots fund 1,500.00 Carried Unanimous 9:45 P.M. For the payment of interest on the public debt, 14000.00 For the payment of interest on the public debt, 14000.00 Total $19,626.25 Deduct Interest to be paid on Water Loans by Water Department 5,626.25 Carried Unanimous 9 :5.3 P.M. For the payment of the bonded indebtedness maturing in 1937, the sum of 105606.09 For the payment of the bonded indebtedness maturing in 1937, the sum of 105606.09 Total $10,600.00 Deduct amount to be trans- ferred from P.W.A. Water Standpipe Loan Fund 393.91 Carried Unanimous 9:53 P.M. 333 That part of Water Maintenance Account considered next. Further Voted: That the amount of receipts in excess of this appropriation and the appropriation for Water Maintenance Re- placements and-Water Services be reserved to be appropriated for Water Department purposes. Explanation of same requested by Francis E. Chamberlain. Motion by Francis E. Chamberlain to lay on table and look up. Motion to lay on table lost 9 :55 P.M. That part as presented, Further voted carried 9:55 P.M. For the expense of the Public Welfare Department $45000.00 Amendment offered by A. Edward Rowse, Appropriation Com- mittee, that Personal Services read $5,498.17 . Amendment declared lost 9 :59 P.M. Motion voted as follows : Personal Services $5,564.01 Aid and Expenses 44.501.83 $50,065.84 Carried Unanimous 10:07 P.M. Moderator Robert H. Holt stated he would present a motion that all above votes, with the exception of Insurance be inclu- ded and voted as one vote. Carried Unanimous 10:08 P.M. r- That part pertaining to Insurance in Article Six, declared, Lay on the table. N Art. 29. Selectman Ferguson moves to take up Article 29. Voted: That the Town determines under the authority of Statute 1936, Chapter 403, that all its employees except members of the Fire and Police forces , shall be included in the terms "laborers, workmen and mechanicstt for the purposes of Workmen's Compensation. Carried Unanimous 10:10 P.M. Selectman Ferguson moves to take up Insurance under Art- icle 6, stating he would present a figure of $8700.00 which would cover all Insurance items in blanket form. Amendment by A. Edward Rowse, Appropriation Committee, to read $7,761.00 for-Insurance of which $4,449.00 for Workften's Compensation and Public Liability, balance to cover Fire, Sprink- ler, Boiler and Hold-Up Insurance. Amendment declared lost 10:25 P.M; Motion presented for Insurance - Y8700.00 to cover Workmen's Compensation, Public Liability, Fire, Sprinkler, Boiler, Hold-Up and Auto Insurance. Carried Unanimous 10:25 P.M. Selectman Ferguson moves to take up Article 34. Mr. Neil H. Borden presents the following vote. Voted upon in two parts. 834 VOTE FOR ARTICLE 34 Voted:- To amend the Lexington Zoning By-Law as follows :- By removing from Section 3, 0.1 Districts, the follow- ing paragraph:- "Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord High- way 200 feet, and of a depth of 100 feet throughout. And by adding the following to Section 3, after para- graph ara- grC aaph10 underi" R. 2.DDistricts" and preceding the head- g T.1 Districts 1. Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and of a depth of 100 feet throughout. And by changing the Zoning Map in accordance therewith. REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 34 IN THE WARRANT FOR TEE TOWN MEETING TO BE HELD MARCH 1, 1937 To amend the Lexington Zoning By-Law as follows :- By removing from Section 3, C.1 Districts, the two following paragraphs ;- "Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and of a depth of 100 feet throughout." "At the junction of the Corcord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet." And by adding the following to Section 3. after paragraph 10 under "R.2 Districts" and preceding the heading C.1 Dis- tricts" :- T.1 Districts 1. Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and of a depth of 100 feet throughout. 2. At the junction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet. And by changing the Zoning Mab in accordance therewith. A public hearing was held on February 19, 1937, on the 335 proposed amendment., after the notices given in accordance with the Lexington Zoning By-Law, and the Planning Board now submits a final report with recommendations to the Town. In its report to the Town covering the treatment of prop- erties adjoining the Concord Turnpike, in its reports on the various petitions for Commercial Zones along this highway, and in its report recommending the adoption of the Throughway Zone, the Board has repeatedly expressed its opinion that there is no present justification for business along this way, other than r— that necessary to the movement of automobile traffic. The Board is still of the opinion that there is definite danger to life and limb in the establishment of any type of business use at the intersections but is also convinced that danger is lessened if the use is confined to a filling station business only. The Throughway (T.1) Zone has been provided and adopted by the Town to accomplish this specific purpose. In presenting the Throughway Zone at the November Town Meeting, the Board announced its intention, should the Town adopt that zone, of proposing a change of the Commercial (C.1) Zones now established on the Concord Turnpike into Throughway (T.1) Zones. Since the Town did adopt thiszone, the Board considers that it is carrying .out,_. the desires of the Town in initiating this change. The Planning Board has obtained advice from officials, eminent in State and Town zoning and planning law, that no financial liability is incurred by the Town through a change as proposed since the application of zoning is accomplished under the police power rather than by eminent domain. The Board feels that it is not concerned at any time with any private restric- - tions placed on property but that it must rather deal with the broader aspects of proper zoning. In these particular cases, the restrictions placed on the properties by the owners do not afford the protection which the Town desires under a Throughway (T.1) Zone. One agreement executed in this case permits the installation of an automobile. show room in connection with the filling station and both permit the owners at any time to convert the properties by giving up the filling stations into any uses permitted in a Commercial (C.1) Zone. The Planning Board recommends favorable action by the Town on the above amendment. Neil K. Borden D. E. Nickerson ® Edward W. Kimball Clem H. Ferguson Eugene G. Kraetzer 336 Result of requirements of two-thirdsvote as follows: in Favor Tellers Opposed 21 Dr. E. E. Morrill 3 56 James H. Lewis 19 27 Richard D. Mayo 4 104 26 Carried 10:32 P.M. Second Part of Article 34 Voted:- To amend the Lexington Zoning By-Law as follows :- By removing from Section 3, C.1 Districts, the paragraph reading; "At theunction of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet." And by adding the following paragraph to Section 3 under the heading "T.1 Districts" :- 2. At the lunation of the Concord Turnpike and Watertown Street the parcel bounded easterly by the curve at said junction. .55.9.8 feet; southerly by said turnpike 277.50 feet; westerly by a line at right angles to said Turnpike 98.97 feet; northwesterly by a line at right angles to said Watertown Street 98.97 feet; and northeasterly by said Watertown Street 286.96 feet. And by changing the Zoning Map in accordance therewith. In Favor Tellers Opposed 18 Dr. E. E. Morrill 12 51 James H. Lewis 42 24 Richard D. Mayo 12 93 66 Lost 10:39 P.M. Motion by Neil H. Borden to reconsider the first part of the vote. Discussion by various speakers. Moved motion for reconsideration b7 Neil H. Borden indef- initely postponed. General discussion, various speakers . Motion of Neil H. Borden to reconsider action taken regard- ing Peterson property be indefinitely postponed. Carried 10:58 P.M. Motion to reconsider declared lost 10:59 P.M. Motion by John H. Devine meeting adjourned for ten days or two weeks . X717 Moderator states to state a definite date, either ten days or two weeks, or amend, adjourn to one week March 22, 1937. Motion to adjourn meeting for one week, March 22, 1937, declared - Lost 11:04 P.M. Motion by Ernest Cutter to reconsider action taken concern- ing change of Zoning. By-Laws regarding the Childs property at junction of Concord Turnpike and Watertown Street. Motion made by Eugene T. Buckley motion of Ernest Cutter for reconsideration be indefinitely postponed. Motion for indefinite postponement declared lost 11:05 P.M. Motion of Ernest Cutter for reconsideration, concerning property, put to a vote. In Favor Tellers Opposed w 17 Dr. E. E. Morrill 14 54 James H. Lewis 43 27 Richard P. Mayo 12 98 69 To reconsider carried 11:08 P.M. General discussion, several speakers. Motion by Mr. Fischer, main question be voted as outlined in Article 34, concerning Childs property, junction of Concord Turnpike and Watertown Street, to change Zoning By-Laws, to read "T.1 District" instead_ of a "C.1 District . Vote taken as follows : In Favor Tellers Opposed 17 Dr. E. E. Morrill 15 50 James R. Lewis 43 28 Richard P. Mayo 12 95 70 Lost - changenot made - 11:33 P.M. Selectman Charles E. Ferguson moves meeting be adjourned for one week, March 22, 1937. Carried Unanimous_ 11:34 P.M. A true record. Attest: Town Cle 338 0-1 SPECIAL MEETING OF TOWN MEETING MEMBERS OF PRECINCT ONE, .HELD MONDAY, MARCH 22, 193'7, ESTABROOK HALL. Meeting called to order by James J. Carroll, Town Clerk at 7:54 P.M. There were twenty-seven Town Meeting Members present. James J. Carroll, Town Clerk, explained reasons for the meeting as follows, resignation had been received from Robert F. Knox, account leaving__Town, therefore, necessary to elect a member to complete term, expiring in 1940. Nominationswere made from the floor, seconded and voted unanimously, that Harold B. Needham serve as Chairman and Leigh V. Farnham as Clerk for the meeting. Nominations made from floor and seconded that Dominic F. Ross be elected to complete term. Nominations closed. Election of Dominic F. Ross, term expiring March 1940 was unanimous - 7:59 P.M. Motion made and seconded meeting dissolve. Unanimous 8:00 P.M. //lasiuis Toyer. C (///// Lexington, Mass. March 22, 1937 James J. Carroll Town Clerk Dear Sir: I hereby accept my election as a Town Meeting Member of Precinct One, term expiring March 1940. Very truly yours, Dominic F. Ross A true record. Attest : • Town C i k 339 SECOND ADJOURNED TOWN MEETING HELD MARCH 22, 1937 Meeting called to order by Robert H. Holt, Moderator at 8:06 P.M. There were 154 Town Meeting Members present. Selectman Charles E. Ferguson moves to take up Article 7, offering the following: Art. 7. Voted: That the sum of $3302.00 be appropriated and assessed for the Suppression of Gypsy and Brown Tail Moths, and other nests, in accordance with Chapter 132, General Laws and amendments . Motion by A. Edward Rowse, Chairman of Appropriation Com- mittee, appropriation be amended to read $2900.00 of which $300.00 be for personal services. Amendment as offered by A. Edward Rowse, declared lost 8:11 P.M. Main motion presented as follows : Art. 7. Voted: Thatthe sum of $3302.00 be.;appropriated and assessed_ for the Suppression of Gypsy and Brown Tail Moths, and other pests, in accordance with Chapter 132, General Laws, and amendments , of which $300.00 shall be Personal Services and $3002.00 shall be Wages and expenses . Carried 8:11 P.M. Selectman Charles E. Ferguson moves to take up Article 8, presenting the following: r- Art. 8. Voted: That the sum of $3500.00 be appropriated for the Reserve Fund as provided by Chapter 40, Section 6, General L Laws, of which the sum of 42300.00 is to be raised by direct appropriation, and the sum of $1200.00 is to be transferred from the Overlay Reserve Fund. Carried 8:12 P.M. Selectman Charles E. Ferguson moves to take up Article 9, presenting the following: Art. 9. Voted: That the following sums be appropriated and assessed for pensions for retired members of the Police and Fire Departments , under Chapter 32 of the General Laws and amendments: Fire Pensions 51107.81 Police Pensions 81095.00 Carried 8:13 P.M. Selectman Charles E. Ferguson moves to take up Article 10, presenting the following Art. 10. Voted: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 19 37. 7- Carried 8:14 P.M. - - Selectmen Charles E. Ferguson moves to tirke up Article 11, presenting the following: Art. 11 . Voted: That the sum of $3,702.31, this being the Town's share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, including interest on temporary notes issued therefor, be and the said sum is hereby appropriated. Carried 8:15 P.M. 340 Selectman Charles E. Ferguson moves to take up Article 12, presenting the following: Art. 12. Voted: That the sum of $1438.23, being the sum re- ceived from the Middlesex County for dog fees, be transferred to the Cary Memorial Library Account. Carried 8:15 P.M. Selectman Charles E. Ferguson moves to take up Article 13, presenting the following: Art. 13. Voted: That the sum of $120.00 beappropriated to ' pay the necessary expenses_ of. the Superintendent of ._. Schools incurred outside the Commonwealth in securing information upon matters in which the Town is inter- ested or which may tend to improve the service in the School Department. Carried 8:15 P.M. Selectman Charles E. Ferguson moves to take up Article 14, presenting the following: Art. 14. Voted: That the sum of $1,000.00 be appropriated to defray expense incurred in the defense of the cases of Ryder v. Town of Lexington, which pertain to Vine Brook Drainage. Carried 8:16 P.M. Selectman Charles E. Ferguson moves to take up Article 15, presenting the following: Art. 15. Voted: That the following sums be transferred to the Excess and Deficiency Account: Collector's Dept. - BindingRecords - $88.00 Insect & Tree Dept.-Power prayer- Acct.- 10.53 Westview Cemetery-Dwelling Repair Account- 15.00 Carried 8:16 P.M. and Voted: That the sum_ of $39.51 be transferred from Water Construction, Bedford Street, and Mass. Ave. to Water Construction, Sundry Streets Account. Carried 8:16 P.M. Selectman Charles E. Ferguson moves to take up Article 16, presenting the following: Art. 16. Voted: That the Town accept the layout as a town way of Robbins Road, from Locust Avenue to. Lexington Avenue, a distance of approximately 790 feet, as laid out_ by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated January 16; 1937, and to take by eminent domain the necessary easements therefor, 'and for the purpose of constructing said street the sum of $5400.00 be appropriated and assessed. Carried 8:17 P.M. Selectman Charles E. Ferguson moves to take up Article 17, presenting the following: Art. 17 . Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1937 , in accord- ance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domainthe necessary easements therefor, a d for the purpose. of said installation the sum. of ;1700. 00 be Appropriated and transferred from the Sewer Assessment Fund. Carried 8:18 P.M. 341 Selectman Charles E. Ferguson moves to take up Article 18, presenting the following: Art. 18. Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1937 in accordance with authority contained in the By-Laws of the Town, subjectto the assessment of betterments, and to take by eminent domainany necessary easements therefor, and for the purposeof said installation the sum of $2,000.00 be appropriated,, this money to be provided by the trans- r— fer of $1,650.00 from the Water Assessment Fund, and the transfer of $350.00 from the Water Department Available Surplus Account. Carried 8:19 P. M. Selectman Charles E. Ferguson moves to take up Article 19 requesting same be indefinitely postponed, which was carried unanimously 8:20 P. M. Selectman Charles E. Ferguson moves to take up Article 20. Neil McIntosh offering the following motion: Art. 20. Voted: That the Board of Selectmen be authorized to install a water main not less than six inches in diam- eter in Shade Street from_ Weston Street, a distance of approximately 800 feet, subject to the assessment of betterments , and to take by eminent domain any necessary easements therefor, and that for the purpose of said installation the sum of v$2400. be appropriated, to be Provided by the transfer of said sum from the Water Department Available Surplus Account. Explanations by Neil McIntosh. Question by S. R. Wrightington regarding eight inch main. Motion as presented put to a vote. Declared lost 8:36 P.M. Selectman Charles E. Ferguson moves to take up Article 21, presenting the following: Art. 21. Voted: That the sum of $3,000.00 be appropriated and assessed for highway maintenance; said sum, or any portion thereof, to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose. Carried 8:37 P. M. Selectman Charles E. Ferguson moves to take up Article 22, presenting the following: Art. 22. Voted: That the Town raise and appropriate the sum of $4,700.00 for the .improvement of Waltham Street, said sum, or any portion thereof., to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose. Carried 8:38 P. M. Selectman Charles E. Ferguson moves to take up Article 23, presenting the following: Art. 23. Voted: That the Town raise and appropriate the sum of $1,000.00 for the improvement of Watertown Street; said sum, or any portion thereof, to be used in conjunction . with any money which may be allotted by the State or County, or both, for this purpose. Carried 8:39 P. M. 342 01 Selectman Charles E. Ferguson moves to take up Article 24, presenting the following : Art. 24. Voted: That the Board of Selectmen be authorized to sell and convey any of the real estate acquired by the Town by foreclosure of tax titles . Carried 8:40 P. M. Selectman Charles E. Ferguson moves to take up Article 25, presenting the following: Art. 25. Voted: That the sum of $6,000.00 be appropriated and assessed for labor and materials on public works and for other expenses in connection therewith, the same to be expended by the Selectmen for aid to persons employed on various projects . Carried 8:40 F.M. Selectman Charles E. Ferguson moves to take up Article 26, presenting the following: Art. 26. Voted: That a Road Machinery Fund be established, to which shall be credited all receipts received for the use or rental of road machinery, the proceeds to be appropriated as voted by the Town for road machinery purposes. Carried 8:40 P.M. Selectman Charles E. Ferguson moves to take up Article 27, presenting the following: Art. 27. Voted: That a Road Machinery Account, be established for the purpose of purchasing, repairing, and oper- ating road machinery, and for this purpose the sum of $6,725.00 be appropriated., this money to be pro- r vided by the transfer of $100.00 from the 1936 Account for purchase of Highway Dept. Grader, the transfer of $16.55 from the 1936. Account for Purchase of Highway —� Dept. Truck and the appropriation of $6,608.45. Carried 8:41 P. M. Selectman Charles E. Ferguson moves to take up Article 28, presenting the following: Art. 28. Voted: That the town grant the Lexington Post, Vet- erans of Foreign Wars, the use of the auditorium in the Cary Memorial Building without charge on six evenings each year, also the use of Estabrook Hall in said building without charge, for the regular meetings of the Veterans of ForeignWars. Carried 8:42 P.M. Selectman Charles E. Ferguson moves to take up Article 30, presenting the following: Art. 30. Voted: That the Town appropriate money to pay the following unpaid bills: For 1955 Bills of the Highway Dept. $403.20 For 1936, Bills of the Public Welfare Dept. 641.45 Carried 8:43 P.M. Selectman Charles E. Ferguson moves to take up Article 31, presenting the following: Art. 31. Voted: That the Town accept the layout as a town way of Tower Road, from the present end of acceptance a distance of approximately 80 feet southeasterly, as laid out by the Selectmen and shown upon a cer- tain plan on file in the office of the Town Clerk, dated February 10, 1936. Carried 8:43 P.M. 343 Selectman Charles E. Ferguson moves to take up Article 32, presenting the following: Art. 32 . Voted: That the sum of $125.00 be appropriated for the purchase of a map for the use of the Town Meeting Members . Carried 8:44 P.M. Selectman Charles E. Ferguson moves to take up Article 33. Edward W. Kimball of the Planning Board presented the fol- - lowing: VOTE FOR ARTICLE 33 Voted:- That the Town amend the Lexington Zoning By-Law and Map by substituting for the Amendment to the Zoning Law adopted by the Town at the Town Meeting November 7, 1930, which reads, "Voted:- That the town amend the Lexington Zoning By-Law and map by changing from an R.l district to a C.1 district the plot of land owned by Ethel W. Bean and located on the easterly side of Bedford Street, northwest of prop- erty of said name. at 241 Bedford Street, said plot ex- tending easterly two hundred (.200) feet; thence turning and running in a northerly direction three hundred (300) feet; thence turning andrunning southwesterly two hun- dred fifty (250) .feet to Bedford Street; thence turning and running southeasterly along Bedford Street two hun- dred forty-seven (247) feet to the point of beginning and comprising onenandthree eights (1 3/8) acres of land more or less . The following paragraph to be placed in Section 3, under the heading "In C.1 Districts :-" 22. Beginning at a point in the northeasterly side line of Bedford Street, said point being southeasterly and distant 219.04 feet from the southeasterly terminus of a curve of radius 1513.11 feet; thence running northeaster- ly distant 200 feet; thence turning and running north- westerly distant 300 feet; thence turning and running southwesterly distant 250 feet to the northeasterly side line of Bedford Street; thence turning and running by said side line of Bedford Street, southeasterly distant 247 feet to the Point of beginning and comprising 1 3/8 acres of land more or less. Edward W. Kimball reads report as follows: REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS. IT APPEARS UNDER ARTICLE 33 IN THE WARRANT FOR THE TOWN MEETING TO BE HELD MARCH 1, 1937 To substitute for the Amendmentto the Zoning Law adopted by the Town at the Town Meeting November 7, 1930, which reads, "Voted:- That the town amend the Lexington Zoning By Law and map by changing from an R.1 district to a C.1 district the plot of land owned by Ethel W. Bean and located on the easterly side of Bedford Street, northwest of property of said name at 241 Bedford Street, said plot extending easterly two hundred (200) feet; thence turning and running in a northerly direction three hundred (300) feet; thence turning and running southwest- erly two hundred fifty (250) feet to Bedford Street; thence turning and running southeasterly along Bedford Street two hun- dred. forty-seven (247) feet to the point of beginning and com- prising one and three eights (1 3/8) acres of land more or less ." 344 The following paragraph to be placed in Section 3, under the heading "In C.1 Districts:-" 22. Beginning at a point in the northeasterly side line of Bedford Street, said point being southeasterly and distant 219.04 feet from the southeasterly terminus .of a curve of radius 1513.11 feet; thence running northeasterly distant 200 feet; thence turning and running northwesterly distant 300 feet; thence turning and running southwesterly distant 250 feet to the northeasterly side line of Bedford Street; thence turning and running by said side line of Bedford Street, southeasterly distant 247 feet to the point of be- ginning and comprising 1 3/8 acres of land more or less . A public hearing was held on February 19, 1937 , on the proposed amendment, after the notices given in accordance with the Lexington Zoning By-Laws, and the Planning Board now submits a final report with recommendations to the Town. The wording of the present amendment is not in accord with similar sections of the By-Law and does not provide a satisfactory description of the metes and bounds. The proposed amendment is advanced by the Planning Board to correct these features and will not change the classification, uses or location of the present zone in any manner. The Planning Board recommends to the Town that this amendment be adopted. Neil H. Borden Clem H. Ferguson Lester F. E11is. Edward W. Kimball Eugene G. Kraetzer D. E. Nickerson Original motion as presented, carried unanimous 8:45 P.M. Selectman Charles E. Ferguson moves to take up Article 35. Edward W. Kimball of Planning Board presents the following: VOTE FOR ARTICLE 35 Voted:- To amend the Lexington Zoning By-Law by inserting in Section 7:- (a) in the first line, after "R.2", the phrase »and T.1," Edward W. Kimball reads report as follows : REPORT OF TNR PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 35 IN THE WARRANT FOR THE TOWN MEETING TO BE HELD MARCH 1, 1937 To amend the Lexington Zoning By-Law by inserting in �. Section 7 :- (a) in the first line, after "R.2", the phrase and T.1,„ A public hearing was held on February 19, 1937, on the proposed amendment, after notices given in accordance with the Lexington Zoning By-Law, and the Planning Board now submits a final report with recommendations to the Town. 345 The object of this amendment is to make the same setback provisions for a Throughway (T.1) Zone as are now applicable to other zones in the Town. The Planning Board recommends favorable action by the Town on this amendment. Neil H. Borden Lester F. Ellis D. E. Nickerson Edward W. Kimball Clem H. Ferguson Eugene G. Kraetzer Original motion as presented, carried unanimorts 8:46 P.M. Selectman Charles E. Ferguson moves to take up Article 36, presenting the following: Art. 36. Voted: That the Selectmen be authorized to construct granolithic sidewalks where the abutting owner pays one- half the cost, and for the purpose of said construction the sum of $500.00 be appropriated and assessed. Carried 8:47 P.M. Selectman Charles E. Ferguson moves to take up Article 37, offering the following: Art. 37, Voted: That the sum of $2,000.00 be appropriated for ..�. the installation of underground cable for the Fire Department. in Massachusetts Avenue from the East Lex- ington Fire.. Station in a southerly direction, of which the sum of $.1,.912.00 is to be raised by direct appro- priation and the sum of ,t88.00 by transfer from the 1936 Account for Fire Dept. Underground Cable. A. Edward Rowse of the Appropriation Committee offers amendment to motion to read $3,975.00 made up as follows : By direct appropriation $3,887.00 Transfer from 1936 Account for Fire Dept. Underground Cable 88.00 $3,975.00 Amendment as presented by A. Edward Rowse carried 8:53 P.M. Motion as follows presented. Art. 37 . Voted: That the sum of $2,000.00 be appropriated for the installation of underground cable for the Fire Department in Massachusetts Avenue from the East Lex- ington Fire Station in a southerly direction of which the sum of $1,912.00 is to be raised by direct appro- priation and the sum of $88.00 by transfer from the 1936 Account for Fire Dept. Underground Cable. Amended to read: sum of $3,975.00 made up - Direct Appropriation $3,887..00, transfer from 1936 Account for Fire Department Underground Cable $88.00. Carried 8:54 P.M. Selectman Charles E. Ferguson moves to take up Article 39, as follows: 346 Art. 39. Voted: That the Town accept the provisions of Sections 81F, 81G, 81x, 811, and 815 of Chapter 41 of the General Laws as enacted by Statute 1936, Chapter 211, Section 4. Explanations by S. R. Wrightington, Town Counsel. Remarks by Senator Joseph R. Cotton. Mr. Edwin W. Hutchinson moves for article be indefinitely postponed. Mr. Ernest Cutter moves Moderator appoint a committee of -- three to investigate the Acts involved in the articles 39 and 40 and report back at next Town Meeting with appropriation to cover expense of Town Meeting members serving on Committee . Motion of Mr. Edwin Hutchinson for indefinite postponement declared carried - 9:12 P.M. Further explanations. by Senator Cotton, suggesting if agree- able to Mr. Cutter to increase investigating committee to five instead of three, also that Committee include articles 38, 39 and 40 in investigation. Suggestions of Senator Cotton accepted by Mr. Ernest Cutter. Motion to appoint a Committee of five to investigate Acts as outlined in Articles 38, 39 and 40 carried 9:16 P.M. Selectman Charles E. Ferguson moves articles 38 and 40 be indefinitely postponed. Indefinite postponement carried unanimously 9:17 P.M. - Selectman Charles E. Ferguson moves to take up Article 41, offering the following: Art. 41. Voted: That the sum of $500.00 be appropriated to defray the expenses incurred by the Retirement Board to be established under Chapter 318 of the Acts of 1936. Carried 9:17 P.M. Selectman Charles E. Ferguson moves to take up Article 42., offering the following: Art. 42. Voted that the sum of $2125 .00be appropriated for the improvement of the traffic control signal system in Lexington Center. Explanations by Selectman Ferguson. A. Edward Rowse, Chairman Appropriation Committee, states Committee opposed to the article. Article as presented lost 9:23 P.M. Selectman Charles E. Ferguson moves to take up Article 44, offering the following=: Art. 44. Voted: That the Town purchase for a School playground and Park purposes the parcel of land owned by Harriette W. Smith as shown on a plan entitled "Plan of Proposed addition to Parker School Property, Lex., Mass. , for School, Playground, and Park Purposes, Scale 1 in. - 40 ft. , Feb. 15,, 1937, John T. Cosgrove, Town Engineer" and containing 38,690 square feet, andcompromise two petitions for damages arising out of the layout of Valley Road brought against the Town, one by Harriette W. Smith and the other by Harriette W. Smith, and others, now pending in the Superior Court, and for this purpose the sum of $1500.00 be appropriated. 347 Explanations by S. R. Wrightington, Town Counsel. Motion as presented, carried 9 :27 P.M. Mr. William R. Greeley moves to take up Article 45, offer- ing the following: Art. 45. Voted that the sum of $300.00 be appropriated and assessed, to be expended under the direction of the Board of Selectmen upon Depot Park, for construction r- and labor in accordance with the plan presented by the Lexington Field and Garden Club. As presented, carried 9:29 P.M. Selectman Charles E. Ferguson movesto take up Article 43, offering the following: Art. 43. Voted: That the Board of Selectmen are authorized in the name of and on behalf of the Town to take by em- inent domain for the purpose of a public parking space and sitefor municipal buildings the real estate num- bered 1557 Massachusetts Avenue, Lexington, adjoining the Cary Memorial Hall, formerly owned by the late William L. Barnes, and to pay for the damages and other expenses resulting from such taking ;25,000.00 is hereby appropriated of which $3660. shall be appro- priated and assessed, ;1840. shall be transferred from the "Sale of Real Estate Fund" and 819,500. shall be raised by the sale of notes or bonds of the Town issued in accordance with law and payable in not more than five years from the date thereof. Selectman Ferguson moves figures be made up as follows : To be appropriated and assessed $2160.00 Transfer from Sale of Real Estate Fund 1840.00 By sale notes or bonds 21000.00 A. Edward Rowse, Chairman Appropriation Committee, moves to amend figures to read, To be appropriated and assessed $3660.00 Transfer from Sale of Real Estate Fund 1840.00 By sale notes or bonds 19500.00 A. Edward Rowse agrees to accept figures as presented by Sel. Fer- guson. Dr. Shannon moves amendment be made as follows : The Selectmen be authorized to take by eminent domain provided property could be purchased for $35,000.00, money to be raised by appropriation, assessments and sale of notes or bonds over a period of five years. Motion made by Mr. Eugene T. Buckley article be indefinite- ly postponed. General discussion by various speakers. Mr. Ernest Cutter suggests another amendment. Moderator rules only two amendments can be before meeting. Motion of A. Edward Rowse to amend voted upon, declared carried, decision doubted. Standing vote taken as follows : In Favor Tellers Opposed 18 Robert C. 'Merriam 15 43 Walter E. Sands 41 17 Thomas F. Fitzgerald 11 78 67 Amendment carried 10:21 P.M. Amendment of Dr. Shannon voted upon, declared lost 10:23 P.M. Main motion voted upon, reading as follows: Art. 43. Voted: That the Board of Selectmen are authorized to purchase, the real estate numbered 1557 Massachusetts Avenue, Lexington, adjoiningthe Cary Memorial Hall, formerly owned by the late illiam L. Barnes, and to pay therefore, not over $25,000.00 and for that pur- pose, shall be, Appropriated and Assessed $2160.00 Transferred from "Sale of Real r.. Estate Fund" 1840.00 and 21000.00 shall be raised by the sale of notes or bonds of the town issued in accordance with law and payable in not more than five years from the date thereof. Standing vote taken as follows : In Favor Tellers Opposed 23 Robert C. Merriam 4 61 Walter E. Sands 16 16 Thomas F. Fitzgerald 9 100 29 Carried 10:27 P.M. Selectman Charles E. Ferguson moves to take up Article 46, Roger D. Long offering the following: Voted that the town authorize the town meeting members from each precinct to select from their number three members to serve on a General Executive Committee of Town Meeting Members and appropriate seventy-five -- dollars ($75) to meetthe expenses of this committee. The duties of this committeeshall be to collect and record pertinent information about town affairs and to report this informationto town meeting members in precinct meetings. Members of this committee must be town meeting members in good standing, and shall serve for one year from the time of their election at the next precinct meetings, or until their successors are appointed. Carried 10:31 P.M. Selectman Charles E. Ferguson moves to take up Article 47, offering the following: Art. 47. Voted: That the sum of $1500.00 be appropriated for the purchase of new Whistle Apparatus for the Fire Department. Carried 10:31 P.M. Selectman Charles E. Ferguson moves Article 48 be indef- initely postponed. Carried 10:31 P.M. Selectman Charles E. Ferguson moves to take up Article 49, offering the following: Art. 49. Voted: That the sum of $5,100.00 be appropriated for the construction of Reed Street from about 500 feet north of Sunnyknoll A-venue to Ash Street, a distance approximately 1000 feet. Carried 10:32 P.M. 349 Selectman Charles E. Ferguson moves to take up Article 50, offering the following: Art. 50. Voted: That the sum of $19,600.00 be appropriated for the disposal of surface drainage by the construction of drains or conduits and for that purpose to take lands or easements by Eminent Domain as follows: In private lands. of Ellen B. Welch, Lulu M. Blake, Heirs of Hallie C. Blake, and in Patriot's Drive from the McIntosh drain at 24 Merriam Street to the manhole in the Right of Way off Hancock Street in the rear of land of Lena G. Dreselly; Reed Street and lands of Ernest E. MacPhee and the Lexington Co-operative Bank; Locust Avenue, Independence Avenue, and Massachusetts Avenue to Curve Street; and in such other streets and locations as the Selectmen may designate. Carried 10:33 P.M. Selectman Charles E. Ferguson moves to take up Article 51, offering the following: Art. 51. Voted: That the Selectmen be authorized to install water mains not less than 6" and not more than 16" in diameter in the following streets : Sherman Street from Grant Street to Fletcher Avenue, a distance of approximately 800 feet; Highland Avenue, from Bloomfield Street to Percy Road, — a distance of approximately 510 feet; Forest Street from Muzzey Street to Waltham Street, a distance of approximately 500 feet; and in such other streets as the Selectmen may 'determine, and for this purpose the sum of $9,640.00 be appropri- ated and transferred from the Water Department Available Surplus Account. Carried 10:34 P.M. Selectman Charles E. Ferguson moves to take up Article 52,--7 offering the following: Art. 52. Voted: That the sum of §5 ,000.00 be appropriated and assessed to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages for superintendence on public works for which the Town has power to appropriate money to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work. Carried 10:34 P.M. All Articles being dispensed with, the Moderator declared the meeting dissolved at 10:35 P.M. A true record. Attest: /7],Vii/ / � , // own Cl . . 35O TOWN WARRANT Commonwealth of Massachusetts Middlesex,ss. To eitherof the Constables of the Town of Lexington, in said County•. G g: 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 the Cary Memorial bailding, in said Lexington, on monday, the 27th day of September, 1937, at eight o'clock P. M., then and there to act on the following articles: I] Article 1. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 2. To see if the Town will vote to appropriate and transfer money from available funds for engineering work in connection with obtaining bids and preparing specifications and construction drawings for Vine Broo]4 Drainage.. Article 3. To see if the Town will. authorize the Selectmen to execute and deliver a release of its easement to use for the rurpose of Vine Brook improvement the property of the Arlington ive Cents Savings Bank adjoining the site of' the Town Office Building in exchange for a grant of full title to a strip of definite width adjoining Vine Brook as shown on a plan by John T. Cosgrove, Town Engineer, dated April 28, 1937, on file in the office of the Town Clerk. Article 4. To see if the Town will vote to appropriate and transfer sums from available funds to the following accounts : Public Welfare; Old Age Assistance; Aid to Dependent Children; Removal of Snow and Ice; Sidewalk Construc- tion; sundry Streets; Law Department . Article 5. To see if the Town will vote to appropriate and transfer a sum of money from available funds to defray the xpenses incurred b the Retirement Board established ander -- uhapter 318 of the by of 1936. Article 6.- To see if the Town will vote to appropriate and transfer a sum of money from available funds to be paid to the Board of Retirement as a contribution from the Town for the Pension Accumulation Fund,. under the provisions of Section 31G, Paragraph. .3 of Chapter 32 of the General Laws, as amended by Chapter 318 of the Acts of 1936. Article 7. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection- therewith,- to be expended by the selectmen for aid to persons employed on various projects , and. provide funds therefor by transfer from available funds. Article 8. To see if the Town will vote to install an 8" water main in Shade Street for a distance of approximately 1320 feet, subject to the assessment of betterments , and appropriate and transfer money from available funds therefor; and will. authorize the Selectmen to ,execute in the name and on behalf of the Town an agreement with J. Willard Hayden with respect to the said extension, including. a stipulation for non-assessment or abatement of betterments for future extensions past the property of the I said Hayden. Article 9. To see if the Town will vote to appropriate a further sum of money for the purchase of the real estate numbered 1557 Mass. Avenue, Lexington, adjoining the Cary Memorial Hall, former- ly owned by the late William L. Barnes, and to provide the money by transfer from available funds or by the issuance of bonds or notes of the town. Article 10. To see if the Town will vote to appropriate and transfer a sum of money from available funds .for repairs to the Captain Parker Monument. 351 Article 11. To see if the Town will authorize and ratify a settlement of the action of Benjamin B. Meady against the Town for damages, and appropriate money for the same by transfer from available .funds. Article 12. To .see if the Town will aut.horiz_e, the Selectmen to install street Bets in the. following unaccepted streets : Spencer Street; Fairview Avenue. Article 13.- To see if the Town will vote to appropriate and trans- f er a sum. of_ .money. from_the. Water Dept.. Available Surplus Account to the Water Maintenance Account. - Article 14. To see if the Town will vote to appropriate and trans- fer a sum of money from' the account for the installation of warning signals at Fletcher-Avenue at the Boston and Maine railroad cross- ing to the Highway Maintenance Account. Article 15. To see if the Town will vote to appropriate and trans- fer a sum of money from. the Road Machinery Fund to the Road Machin- ery Account. Article 16. , To bee if the Town will vote to appropriate and trans- fer a s of money from the account for HighwayConstruction, incoln street, 1936 contract, to the account or Highway Construe- tion, Lincoln Street, 1935 Contract. - - 1 Article 17. To see if the Town will vote to amend Article 3, Sec- tion 5 of the General By-Laws of the Town by substituting for the first sentence thereof the following: "The animal meeting Of the Town shall be called for such an hour, and the polls shall be kept open continuous) , for voting, until such hour as shall be set forth by the selectmen in the warrant for the meeting. Artielg 18. To see if the Town will vote to change the name ttElm Avenue to "Harrington Road.a Article 19. To see if the Town will. vote to _accept from the Lexington_ Board.Bord. ofTrade a gift of the two signs marked "Welcome to Lexington' and located at two entrances to the town, and appro- priate and transfer money from available funds for the maintenance thereof. Article 20. To see if the Town will vote to accept from the Town of Arlington the 6 inch water main in Hibbert Street which leads from the Arlington Line for a distance of approximately 250 feet in a northerly direction. Article 21. To see if the Town will vote to transfer a sum of money to the Collector of Taxes as reimbursement on account of counterfeit money. Article 22. To see if the Town will vote to have the Moderator appoint a Committee of Five to recommend to the town whether they should increase the size of the present Burlington Street park area of 5.3 acres by purchasing from Peter J: and Margaret E. Kinneen part or all of the adjoining property bounded bBurlington Street, the present town park, and the Board of Survey streets as shown on plan of the Town Engineer dated June 3, 1935. Article 23. To see if the Town will vote to amend the Lexington Zoning By-Law as follows : Under Section 3. Districts Defined. (b), M.1 Districts : by striking out Paragraph 1.,. which reads, "Beginning on the easterly line of the Railroad property at the northerly side line of Fottler Avenue and. extending along.the easterly line of the Railroad property, for a distance of 2,700 feet, thence easterly from said Railroad property a distance of 300 feet, thence southerly paralle . .with said. Railroadproperty to a point 1 352 tweeolea opposite the point of beginning.', and by changing the Map in accordance therewith; and by changing the numbering of Paragraph 2 to become Paragraph 1, or take any action thereon. Article 24. To see if the Town will vote to amend the Lexington Zoning_By-Law and Mep 'by changing the limits of the existing C.l District as follows:- 14. At the junction. of Wobarn .and. Lowell Streets business districts upon each of the corners and extending for a distance of 200 feet along each street from the junction points of the side lines of each. street thence back at right angles to each said street until the exterior lines intersect. Article 25. To see if the Town will vote to amend the Lexington -- Zoning By-Law And Map by changing from an R.2 District to a C.1 District the area bounded .and described as follows :- Beginning at Fottler Avenue on the easterly side of Massa- chusetts Avenue, extending southerly 265 feet, thence turning easterly 190.24 feet to the Railroad property, thence turning northerly along the Railroad property 265.38 feet to Fottler Avenue, thence turning westerly along Fottler Avenue 174.34 feet to the point of beginning. Article 26. To see if the Town will vote to amend the Lexington Zoning By-Law and Map as follows :- By changing that part of Section 1. which now reads, "and as shown on the zoning map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk March 17, 1924, and all amendments thereto, which map as amended is hereby made a part of this` By-Law, to read as follows :- and as shown on the zoning map prepared by John T. Cosgrove, Town Engineer, and filed with the Town Clerk August 12, 1937, and all amendments thereto, which map as amended is hereby made a part of this By-Law. Article 27. To see if the Town will vote to amend the Lexington Zoning By-Law as follows :- By changing under Section 3. (b), C.1 Districts, paragraph 11, which now reads : On the easterly side-of Bedford Street the property known as the Carbarn property, extending from Bedford Street to the Railroad property, and on the westebly side of Bedford Street extending southerly from a point opposite the northerly boundary of the Carbarn property to Reed Street and of a depth of 100 feet from the westerly line of Bedford Street." to read as follows:- 11. On the easterly side of Bedford Street beginning at a point on the northeasterly side of Bedford Street said point being northwesterly and distant 145 feet from the southeasterly terminus of a curve of-radius 816.4 feet and extending south- easterly along Bedford Street for a distance of 285 feet and extending in depth to the Boston and Maine Railroad and on the westerly side of Bedford Street beginning at a point on the southwesterly side of Bedford Street said point being northwesterly and distant 154 feet from a stone bound marking the southeasterly terminus of a curve of radius 866.4 feet and extending south- easterly along Bedford Street to the northeasterly side line of Reed Street and of a- depth of 100 feet from the adjacent side line of Bedford Street. 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 Tow Clerk,_ on or before the time of said meeting. Given under our hands at. Lexington, this fourteenth day of September, A. D. , 1937. CHARLES E. FERGUSON SELECTMEN PHILIP M. CLARK ARCHIBALD R. GIROUX OF WILLIAM G. POTTER ALBERT A. ROSS LEXINGTON 353 September 20th, 1937 To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. [— Attest: Patrick J. Maguire Constable of Lexington SPECIAL ELECTION OF TOWN MEETING MEMBERS OF PRECINCT THREE, HELD MONDAY, SEPTEMBER 27, 1937, ESTABROOK HALL Meeting called to order by the Town Clerk, James J. Carroll, at 7 :50 P.M. There were twenty-eight Town Meeting Members present. Town Clerk James J. Carroll explained the reason for the election as follows : a vacancy existed for a term ending in March 1938, caused by the resignation of Allen W. Rucker, who had been appointed as Chairman of the Appropriation Committee. It was unanimous that nominations for Chairman and Clerk for the meeting be made from the floor. It was unanimous that George E. Smith serve as Chairman. It was unanimous that Clayton M. Morse serve as Clerk. The nomination for the election of A. Edward Rowse by Eugene T. Buckley was seconded and declared a unanimous vote, the Clerk, Clayton M. Morse, being instructed to cast one vote for said election. Clayton M. Morse did cast one vote for A. Edward Rowse. Motion made and seconded meeting be dissolved. Attest: Clayton M. Morse Clerk Lexington, Mass. September 27, 1937 James J. Carroll Town Clerk Dear Sir: I hereby accept my election as a Town Meeting Member of Precinct Three, term expiring March 1938. Very truly yours, A. Edward Rowse 354 SPECIAL TOWN MEETING HELD SEPTEMBER 27 , 1937 The meeting was called to order at 8:12 P.M. by the Town Clerk, James J. Carroll. There were 156 Town Meeting Members present. For the reason the Moderator, Robert H. Holt, being absent, the Town Clerk, James J. Carroll, states it will be necessary to elect a Moderator Pro- 'em for the meeting. Motion made and seconded nominations for Moderator Pro-Tem be made from the floor. A Unanimous vote. Motion made by George R. Fuller Senator Joseph R. Cotton act as Moderator Pro-Tem. Above motion seconded. Motion made and seconded nominations be closed. It was a unanimous vote that Senator Joseph R.Cotton act as Moderator Pro-Tem for the meeting. Senator Joseph R. Cotton as Moderator Pro-Ten was sworn to the faithful performance of his duties by the Town Clerk, James J. Carroll, the Town Clerk turning over the gavel to him 'at 8:14 P.M. , after which Senator Joseph R. Cotton, Moderator Pro-Tem declared the meeting open for business. Town Clerk James J. Carroll read the warrant for the meeting, when upon motion of Selectmen Charles E. Ferguson, which was seconded, further reading of the warrant was waived. Town Clerk James J. Carroll read the Constable's return of the warrant for the meeting, 8:15 P.M. Selectman Charles E. Ferguson moved to take up Article 1. Allan W. Rucker, Chairman of the Appropriation Committee, presented the report of the Appropriation Committee, which was voted to be accepted and placed on file. 8:15 P.M. (Attached Hereto) 355 Lexington, Mass. , September 25, 1937. REPORT OF THE APPROPRIATION COMMITTEE The Appropriation Committee makes the following report with reference to the Articles contained in the Town Warrant dated Sep- tember 14, 1937, calling for a special Town Meeting to be held September 27, 1937. ARTICLE 1. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. The Appropriation Committee makes no recommendation under this Article. ARTICLE 2. To see if the Town will vote to appropriate and transfer money from available funds for engineering work in connection with obtaining bids and preparing specifications and construction draw- ings for Vine Brook Drainage. The Appropriation Committee recommends—that under this Article the sum of '$3,000.00 be appropriated for engineering work in connection with obtaining bids and preparing specifications and construction drawings for Vine Brook Drainage and that this money be provided as follows: By a transfer from Engineering Dept. Personal Services Account $1,500.00 By a transfer from Excess & Deficiency Account - $1,500.00 It is further recommended that the engineering work include the obtaining of estimates of the cost of land takings and it is also further recommended that it is to be understood that the appropriation of money for this engineering work does not imply that the Town in any way binds itself to proceed with the Vine Brook Drainage project. ARTICLE 3. Inasmuch as this Article does not involve the appro- priation of money the Appropriation Committee makes no recommendation. ARTICLE 4. To see if the Town will vote to appropriate and trans- fer sums from available funds to the following accounts : Public Welfare; Old Age Assistance; Lid to Dependent Children; Removal of Snow and Ice; Sidewalk Construc- tion, Sundry Streets; Law Department. The Appropriation Committee recommends that under this Article appropriations be made and that amounts be trRnsferred from Excess & Deficiency Account as follows: For Public Welfare, Aid & Expenses 020,000.00 For Old Age Assistance 5,000.00 For Aid To Dependent Children 1,000.00 For Snow Rem iv al 1,500.00 For Sidewalk Construction, Sundry Streets 500.00 For Law Dept. Personal Services and Special Fees 650.00 -2- With reference to the recommended appropriation of a further sum of money for Public Welfare, Aid & Expenses the following comparative figures are given with reference to the expenditures and receipts for Public Welfare for the years 1932 to 1936 inclusive. Year Expenditures Receipts 1932 $35,300.86 $ 7,040.78 1933 53,233.45 19,222.94 1934 49,075.90 29,953.76 1935 59,578.42 20,090.87 1936 71,450.24 19,494.94 For the year 1937 the expenditures for Public Welfare and Aid To Dependent Children to September 1st are $54,871.52 and up to thR same date the receipts for Public Welfare and Aid To Dependent Children are $6,186.32. The figures as given it will be noted are combined with reference to Public Welfare and Aid To Dependent Children. This combination of figures is necessary for the reason thct up to the year 1937 Aid To Dependent Children was known as Mothers ' Lid and was included in the regular Public Welfare r.-o')roloriation. With reference to Public Welfare receipts it may be stated that these receipts are estimated at the time the Tax Rate is determined and to the extent of the estimate the receipts serve to reduce the Tax Rate in that particular year. Any receipts in excess of the estimate serve to offset over-estimates for other departments or at the end of the year go to the Excess & Deficiency Account. Therefore, it can not be contended that the entire receipts of the Public Welfare Department directly apply to a reduction of the gross cost. The only exception to this general rule is where receipts come in from Federal Grants to apply to Aid To De- pendent Children and in this case the receipts are set up in a special Trust Account and are used for expenditures under the same classification. ARTICLE 5. To see if the Town will vote to appropriate and trans- fer a sum of money from available funds to defray the expenses incurred by the Retirement Board established under Chapter 318 of the Acts of 1936. The Appropriation Committee recommends that under this Article the sum of $250.00 be appropriated and that this amount be transferred from the Excess & Deficiency Account. This appropriation is to cover estimated expenses of the Board of Retirement until April 1, 1938. ARTICLE 6. To see if the Town will vote to appropriate and trans- fer a sum of money from available funds to be paid to the Board of Retirement as a contribution from the Town for the Pension Accumu- lation Fund, under the provisions of Section 31G, Paragraph 3 of Chapter 32 of the General Laws, as amended by Chapter 318 of the Acts of 1936. The Appropriation Committee recommends that under this Article the sum of 31500.00 be appropriated and that this amount be transferred from the Excess & Deficiency Account. This appropriation is neces- sary to provide funds for estimated pension pay- ments until April 1, 1938. I _ ------------------ -3- ARTICLE 7. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in con- nection therewith, to be expended by the Selectmen for aid to per- sons employed on various projects, and provide funds therefor by transfer from available funds. The Appropriation Committee recommends that under this Article the sum 2f $4,000.00 be appropriated and that this amount be transferred from the Excess & Deficiency Account. This appropriation is neces- sary for the purpose of providing funds for the continuation of projects which have already been undertaken. ARTICLE 8. To see if the Town will vote to install an 8" water main in Shade Street for a distance of approximately 1320 feet, subject to the assessment of betterments, and appropriate and transfer money from available funds therefor; and will authorize the Selectmen to execute in the name and on behalf of the Town an agreement with J. Willard Hayden with respect to the said exten- sion, including a stipulation for non-assessment or abatement of betterments for future extensions past the property of the said Hayden. The Appropriation Committee recommends that under this Article the sum of 45600.00 be appropriated and that the money be provided by transfers as follows : From Water Dept. Available Surplus Account 02,840.00 From Water Assessment Fund 620.00 From Excess & Deficiency Account 2,140.00 ARTICLE 9. To see if the Town will vote to appropriate a further sum .of money for the purchase of the real estate numbered 1557 Mass. Avenue, Lexington, adjoining the Cary Memorial Hall, formerly owned by the late William L. Barnes, and to provide the money by transfer from available funds or by the issuance of bonds or notes of the town. The Appropriation Committee recommends in addition to the ; 25,000.00 previously appropriated for this purpose that under this Article the further sum of 34,000.00 be appropriated and that this amount be obtained by transfer of the sum of $1,000.00 from the Sale of Real Estate Fund and by issuance of notes or bonds of the Town for a period of five years in the amount of 33,000.00 ARTICLE 10. To see if the Town will vote to appropriate and trans- fer a sum of money from available funds for repairs to the Captain Parker Monument. The Appropriation Committee recommends that under this Article the sum of 3400.00 be appropriated and that this amount be transferred from the Excess & Deficiency Account. ARTICLE 11. To see if the Town will authorize and ratify a settle- ment of the action of Benjamin B. Meady against the Town for damages, and appropriate money for the same by transfer from available funds. The Appropriation Committee recommends that under this Article the sum of 500.00 be appropriated and that this amount be transferred from the Excess & Deficiency Account. -4- ARTICLE 12. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets : Spencer Street; Fairview Avenue. The Appropriation Committee recommends the instal- lation of street lights in the streets as desig- nated; this will involve no additional appropria- tion inasmuch as there is sufficient money in the Street Lights Account to cover the expense which may be incurred for the balance of the year. ARTICLE 13. To see if the Town will vote to appropriate and trans- fer a sum of money from the Water Dept. Available Surplus Account to the Water Maintenance Account. The Appropriation Committee recommends that under this Article the sum of $1271.62 be appropriated for Water Maintenance, Wages & Expenses Account, and that this amount be transferred from Water Department Available Surplus Account. This addi- tional appropriation for Water Maintenance, Wages and Expenses, is recommended for the reason that the Water Department was required to make payment out of its current appropriation of the sum of 31271.62 representing an additional amount of Metropolitan Water Tax for the year 1936. This expenditure was not anticipated and, accordingly, no provision therefor was made in the Water Main- tenance budget for the year 1937. ARTICLE 14. To see if the Town will vote to appropriate and trans- fer a sum of money fromthe account for the installation of warning signals at Fletcher Avenue at the Boston and Maine railroad cross- ing to the Highway Maintenance Account. The Appropriation Committee recommends that under this Article the sum of ';:133.93 be appropriated for Highway Maintenance Personal Services and that this amount be transferred from the account for installation of signals at Fletcher Avenue Railroad Crossing. The amount of 3133.93 represents an un- expended balance in the Fletcher Avenue signal installation account and a further sum of money is required in the Highway Maintenance Personal Ser- vices Account due principally to the fact that the Assistant Superintendent was transferred from W. P.A. activity to the Highway Department at a date somewhat earlier than was anticipated at the time the 1937 budget was prepared. Therefore, more money is required for the payment of salary than was provided for in the budget. ARTICLE 15. To see if the Town will vote to appropriate and trans- fer a sum of money from the Road Machinery Fund to the Road Machinery Account. The Appropriation Committee recommends that under this Article the sum of 310f0.00 be appropriated and that this amount be transferred from the Road Machinery Fund. Attention is called to the fact that at the annual Town Meeting this year it was voted to establish a Road Machinery Fund to which shall be credited all receipts received for the use or rental of road machinery, the proceeds to be appropriated as voted by the Town, for Road Machinery purposes. Since the establishment of the Road -6- Machinery Fund rentals have been credited to the Fund and charges for the operatim of road machinery have been made to the Road Machinery Account. This recommended appropriation for the Road Machinery Account, accordingly, represents a transfer to the Road Machinery Account of a portion of the money which has been received for road machinery rental. ARTICLE 16. To see if the Town will vote to appropriate and trans- fer a sum of money from the account for Highway Construction, Lincoln Street, 1936 Contract, to the account for Highway Construc- tion, Lincoln Street, 1935 Contract. The Appropriation Committee recommends that under this Article the sum of 9'592.60 be appropriated for Highway Construction, Lincoln Street, 1935 Con- tract Account and that this amount be transferred from Highway Construction, Lincoln Street, 1936 Contract Account. With reference to this re- commended appropriation it may be explained that due to the fact that the State and County did not contribute the full amount of their allotments there is a shortage of X592. 60 in the 1935 Lin- coln Street Account. On the 1936 Lincoln Street Account the State and County failed to contribute the full amount of their allotments but the un- expended appropriation balance is not only suffi- cient to cover this shortage in the State and County payments but after absorbing this shortage there will remain an unexpended balance of c)6l6.84. Accordingly, after m-.king the 'tr..nsfcr frorAI the 1936 Account to the 1935 Account there will be a net unexpended balance in the 1936 Account of 9'24.24. ARTICTE 17. Inasmuch as this Article does not involve the appro- priation of money the Appropriation Committee makes no recommendation. ARTICLE 18. Inasmuch as this Article does not involve the appro- priation of money the Appropriation Committee makes no recomTendation. ARTICLE 19. To see if the Town will vote to accept from the Lex- ington Board of Trade a gift of the two signs marked "Welcome to Lexington" and located at two entrances to the town, and appropriate and transfer money from available funds for the maintenance thereof. The Appropriation Committee does not approve the appropriation of any money under this Article. r -------------- -6- ARTICLE 20. Inasmuch as this Article does not involve the appro- priation of money the Appropriation Committee makes no recommendation. ARTICLE 21. To see if the Town will vote to transfer a sum of money to the Collector of Taxes as reimbursement on account of counterfeit money. The Appropriation Committee recommends that under this Article the sum of 310.00 be appropriated and that this amount be transferred from the Excess & Deficiency Account. ARTICLES 22 TO 27 INCLUSIVE. Inasmuch as these Articles relate to amendments in the Lexington Zoning By-Laws and do not involve the appropriation of money the Appropriation Committee makes no recommendations thereunder. Respectfully subi;itted, /s/ ALLEN W. RUCKER Chairman /s/ ROBERT C. MERRIAM /s/ WINTHROP H. BOWKER Is/ GEORGE M. HYNES /s/ LOUIS E. YEAGER /s/ ROBERT J. FAWCETT /s/ ALBERT W. ENVIRONS /s/ JAMES H. RUSSELL Secretary APPROPRIATION COMMITTEE OF THE TOWN OF LEXINGTON 01 356 - �J �/ t e Under Article 1, Selectman Charles E. Ferguson offered the following: VOTED: That a committee of three, ofwhich the Moderator shall be a member., be appointed to have charge of the Cary Memorial lectures of the current season. A Unanimous Vote 8:11 P.M. Under Article 1 William E. Bennett presented the following report as Committee's Report on the meaning of the 1936 Act Relative to Planning Boards . i^ COMMITTEE'S REPORT ON THE MEANING OF THE 1936 ACT RELATIVE TO PLANNING BOARDS 4arbose of the Act - Chapter 211 of the Acts of 1936 entitled, Act to Provide an improved Method of Municipal Planning," provides for the elimination of the present Planning Board and Board of Survey and creating in its place a new Planning Board with the powers and duties of the present Planning Board and Board of Survey. The Act grants additional powers to the new Board not heretofore possessed by either the Planning Board or the Board of Survey and more definitely defines the duties and powers of the new Planning Board than existed under prior acts. Organization of Planning Board - The new Planning Board created under this act is to consist of not less than five nor more than nine members who are to be elected at the Annual Town Meeting, to serve for a term of five years, the terms to be so arranged that the term of at least one member will expire each year. When such new Planning Board is established,- the present Board will cease to exist and the Board of Selectmen who naw act as the Board of Survey will cease to act as a Board of Survey and the records and plans of the present Planning Board and the Board of 1 Survey will be turned over to the new Planning Board. Duties of Planning Board - The Act provides that the new Planning Board shall make a master or study plan of the Town showing among other things existing and desirable proposed public ways , streets , parks, playgrounds, cites for public buildings, building and zoning districts, locations of sewer and water conducts and other pertinent features, which plan shall be a public record. The Board shall make rules and regulations governing the submission and approval of plats or plans of sub- divisions and persons making a subdivision shall submit to such Planning Board a plat or plan of the proposed subdivision. The Board shall conduct public hearings after notice by publication and mailing to abutting owners notices of such hearing and may approve, modify and approve or disapprove of such proposed plans of subdivisions. Before approval of such subdivision plans the Board shall consider and may require provisions for street devel- opment and utilities and in proper cases require that such plans show parks or playgrounds. It shall require that roads be of proper width and grade and be suitably located and may require that a bond be given to secure performance in accordance with ordinances and by laws of the Town. In making its determination the Board shall take into consideration the prospective character —! of the development whether open or dense residence, business or industrial. The Board is required to make a detailed record of all its proceedings and in the case of disapproval of a subdi- vision plan the record shall state the reasons for such disap- proval. From a decision of the Planning Board an appeal is provided to the Superior and Supreme Judicial Courts. The word subdivision as defined in the act means the division of a parcel of land into two or more lots - "in such manner as to require provision for a street for the purpose r� whether immediate or future, of sale or of building development. . . . It is limited to divisions where streets are required for the purpose of sale or building development and does not include divisions where no street is required. - 357 w O In addition to its duties in making a master plan or map and in approving or disapproving of plans for subdivisions, the Aet provides that the Planning Board shall from time to time report to the Board of Selectmen as to the resources, needs and possibilities of the Town and shall report annually to the Town Meeting giving information regarding conditions of the Town and plans or proposals for its development and estimation of costs thereof and may, where authorized by vote at a Town Meeting, act as ?ark Commissioner and the Town may by ordinance, by-law or vOte refer any matter to the Planning Board to report before a final action is taken thereon. Enforcement Provisions - The Act provides that no street or public water-supply, sewer or other municipal utility or improve- ment shall be constructed inany public or private way within a subdivision unless such street or public way is approved and recorded as provided in the Act, and that no permit for the erection of a dwelling within a subdivision shall be issued un- less a way giving access to such dwelling appears upon the plan of such subdivision approved and recorded as provided in the Act. The Act, however, provides that in case of practical difficulty and unnecessary hardship the Board of Appeals may., in proper cases, issue a building permit. The Act does not authorize the taking of land nor the con- struction of any way or widening thereof which may be indicated on a map or plan of the Planning Board nor authorize the discon- tinuance or the closing of any way or park excepting in accord- ance with the laws governing such takings and establishment or closing of ways and parks . Office Mao - Section 81-C of the Act provides that a Town may by act of its Town Meeting adopt an official map which map may be added to, changed or altered by action of its Town Meeting, but no such change or addition to the official map may be adopted until after a report thereon by the Planning Board and no varia- tion of a plan, prepared or approved by the Board may be made excepting upon a two-thirds vote of the Town Meeting. Where a town adopts such official map, it is provided that it shall be recorded with the Registry of Deeds and no street, water sewer or public utility shall be constructed in any public or private way unless such way has been placed or made a part of such map and no building permit to be issued unless a way giving access is made a part of such map. When a plan of subdivision is ap- proved by the Planning Board, such plan becomes a part of the official map. Thereafter, it would appear that any change de- sired to be made in any subdivision or in other parts of the Town which would require an alteration or change in the official map would have to be acted upon at the Town Meeting and before such a change in the official map becomes effective a public hearing in relation thereto must be held before the Board of Selectmen, although no where in the law does it appear that the Board of Selectmen has any power to veto or suspend or mod- ify any change made by action of the Town Meeting. Apparently, the provisions for a hearing before the Board of Selectmen give the parties aggrieved by such change a right to air their griev- ances but makes no provision for a determination of any question at such hearing and no provision is made in the Act for appeal to Superior or 6upreme Judicial Court from a decision made at the annual town meeting under 81-C. The Town in accepting the provisions of Ch. 211 of Acts of 1936 is not required to adopt an official map. It may operate without one. The advantages ; of an official map are not apparent. Comparison - The law under which the Town now operates provides for the creation of a Planning Board whose duties are to make a study of the resources , possibilities and needs of the Town particularly with respect to conditions injurious to public health and make plans for the development of the municipality with reference to proper housing of its inhabitants and to report thereon to the Annual Town Meeting. Other than making studies and reporting to the Annual Town Meeting, it has no power or authority. It merely operates in an advisory capacity to the Town Meeting. The Selectmen acting as the Board of Survey has the duty of passing upon the plans of subdivision. 358 Upon receipt of a plan showing the location of a private way for public use, the profiles of such way and methods of drainage, for its approval the Board of Survey gives a public hearing thereon after which hearing it may approve or modify and approve such plan and it may from time to time cause plans to be made showing the location and grades of ways and make plans of drainage. In considering plans of subdivision and making new plans the Board of Survey is authorized to take into consideration only the loca- tion width and grade of ways and the provisions for drainage. Under the new act, not only may the Planning Board in acting on plans of a subdivision, take into consideration the location width and grade of ways and drainage, but it may consider and require provisions for street development and utilities and may require that the plan show a park or parks suitably located for playground or recreation purposes and may require that the plat be of such character that it can be used for building purposes without danger to health and that it may take into consideration the prospective character of the development whether open residence, dense residence, business or industrial. The findings and deci- sions of the Board of Survey are enforced by a provision that no public way shall be laid out, altered or constructed by any pub- lic authority excepting in accordance with a plan approved by the board of Survey and that no public sewer, water-pipe line or public construction work shall be made upon any private way open for public travel unless the same has been approved by the Board of Survey and no plans showing thereon a proposed way shall be recorded in the Registry of Deeds unless a certificate of appro- val of the Board of Survey is endorsed thereon. The words t'public authorityff which appear as a limitation in the Board of Survey Act are omitted from the new planning act so the limita- tion upon the construction of streets may extend to construction by individuals as well as by public authority.- .,The provision prohibiting recording of a plan which does not bear approval endorsed thereon is omitted under the new act. The new act con- tains a provision forbidding the issuance of a permit for the erection of any dwelling within a subdivision, unless a way giving access to such dwelling appears on an approved and re- cordedplan of such subdivision. It is this power to refuse a building permit that is chiefly relied onas an improvment in the method of enforcing the decisions of the Board of Survey or Planning Board. Under the Board of Survey act no appeal was specifically provided in the statute. Under the new act an appeal to the superior Court, and in the case of issuance of building permits to the Board of Appeals , is provided. Under the new act a town has the following alternatives :- 1. It may continue to operate under the law under which the town now operates , or 2. It may establish a planning board under the new act in which event all of the provisions of the new act become effective excepting that the town may at its option either pro- ceed under a study Plan or adopt an official map under the pro- visions of Sec. 81C, or 3. It may accept the new procedure and new enforcement provisions provided in the Act 81F to 813 to be administered by the Board of Selectmen acting as a Board of Survey without cre- ating a new planning Board or adopting the provisions relating to study plans or official maps . William E. Bennett Paul R. Hederstedt Richard E. Rowse Geo. W. saran Howard E. Custanee 359 Motion by George W. Sarano report be accepted and placed on file. Question by Edward W. Kimball if report to be read and voted upon at next meeting. Selectman Archibald R. Giroux states until such time as pre- sented- to Town Meeting Members to be placed on file and not to be read at this meeting. Report read and placed on file - Committee discharged. A Unanimous Vote 8=17 P.M. William H. Ballard presented report of Vine Brook Drainage Committee, moving that same be accepted, placed on file and Com- mittee be discharged. TOWN OF LEXINGTON REPORT OF THE VINE BROOK DRAINAGE COMMITTEE Authorized by Vote of a Town Meeting held September 21, 1936 June 8, 1937 Board of Selectmen Town of Lexington Lexington, Mass. Gentlemen The Vine Brook Drainage Committee created by a vote passed at a special Town Meeting on September 21, 1936, submits herewith to the Town of Lexington through you their report in accordance with the authorization of their appointment, viz "Voted That the Moderator appoint a Committee of Five Town Meeting Members representative of all sections of the Town to study and investigate the Vine Brook Drainage situation, and to make recommenda- tion to the Town at the Annual Town Meeting in 1937 as to the ad- --- visability of undertaking construction work to improve Vine Brook Drain age." Lexington for many years has endeavored to reach a decision as to when and how it should improve the surface drainage conditions in the central and easterly portion of the Town known as the Vine Brook area. The Town in 1912 employed McClintock id Woodfall, engineers, to ad- vise them as to the drainage of the Vine Brook area. Their report de- scribed the area and conditions in detail and included plans of the im- provements which they felt would meet the needs of the Town. In 1927 the Planning Board announced that they had made "an extended study of the drainage situation and future development of the Vine Brook basin south of Mass. Avenue" and in 1928 the Town appropriated $1500 for Planning Board study and plans for Vine Brook Drainage. Metcalf Z Eddy, engineers, were employed and completed a report under date of Sep- tember 29, 1928, which report was published and submitted to the voters of the Town by the Planning Board and Board of Selectmen under date of May 6, 1930 This report gave consideration only to the North and South Branches and main channel above Hayes Lane. A committee of fifteen was appointed on June 9, 1930, and made their report to the Town on March 23, 1931 This report appears on page 63 of the 1931 Town Report. This committee included in their studies the section of the main channel from Hayes Lane to North Street and Butterfields Pond. In 1931 Metcalf &j Eddy were authorized to prepare preliminary designs for this section of the Brook. In 1936 Metcalf &t Eddy prepared a drainage report covering all of the five drainage areas in the Town and also prepared estimates of the cost of construction of main channel of Vine Brook in accordance with pro- files prepared in the 1928 and 1931 reports. In 1936 the engineering department of the Town prepared a survey of areas adjacent to the Brook channel between Hayes Lane and Butter- fields Pond, and did some field work in connection with the same. The same Town Meeting which appointed this committee to study the Vine Brook question also appropriated $3,000 toward the cost of Report accepted, placed on file and Committee discharged. A unanimous vote 8%18 P.M. ---...,........ww.-I 1 construction of culverts on Vine Brdok at East Street and Bowsers Road channel to prevent the water table fr4n falling too low during the grow- on recommendation of the Selectmen that they proceed with this work in ing season. i cooperation with the Work Progress'Administration Authorities, it being Convinced from our studies that the Metcalf & Eddy reports are estimated that the project would require $8,500 of Federal Funds and sound, and emphatic in our opinion that the Town should secure to it- . $6,000 of Town Funds. No work has been done at these points. We self every advantage that may accrue when this work is undertaken our first are informed by the Selectmen that ,early in the fall of 1936 they filed recommendation is in reference to land takings. with the Federal authorities preliminary request for a Public Works Ad- No. 1—Land Taking. ministration project in respect to the portion of Vine Brook adjacent to We recommend that the Town acquire by purchase or eminent do- Massachusetts Avenue. No action has been taken by the Federal authori- main for surface and sanitary drainage purposes the land necessary to ties on this preliminary application. deepen, widen, straighten, and relocate the main channel of'Vine Brook Vine Brook has its source in the North Branch in the Lexington and its North and South Branches, change its location from its present Reservoir area, and in the South Branch in the meadows on Marrett Road channel, construct closed conduits in place of open channels, and change to Follen Road. These Branches Meet south of Vine Brook Road and the direction, volume and rapidity of the flow of the said Brook and its flow in a general easterly direction under Vine Brook Road and Massa- chusetts Avenue, the Boston F._4 Maine Right of Way, Sherman and Sheri- '; recommend land takings or purchases have a width of 150' through the dan Streets, largely through a residential area, to Hayes Lane. From this meadow and farm areas from North Street to Hayes Lane, a width of 25' point the brook flows through meadow and farming area with street cross- for conduit use from Hayes Lane to the Town Hall property on Massa- ings at Bowsers Lane, East and North Streets to Butterfields Pond and un- chusetts Avenue, a width of 60' from Massachusetts Avenue to the North der Lowell Street at the Lexington-Burlington line. Then the brook con- Branch and along the North Branch to Waltham Street, and a width of tinues at a lower level through the ,Burlington Meadows, crossing Lex- 150' from Vine Brook Road over the relocated North and South Branches ington Street recrossing Lowell Street in Burlington, and continuing on to Marrett Road. through Bedford where it joins the Shawsheen River The Vine Brook district has an area of about 1,840 acres or nearly three square miles. No 2—Construction. The citizens are justified in feeling that any plans recommended or The latest study of Vine Brook, made by the engineers, provides for any work undertaken should be based on sound engineering advice and an open channel from North Street to near the foot of Sheridan Street, approach as nearly a permanent solution as is possible. In places—through flat land—this channel will be 35 feet wide. Here, Your committee is convinced, therefore, that any study of this proj- as elsewhere, land takings should bear relation to the width of the brook. ect must include not only the main channel of Vine Brook, but the North From the foot of Sheridan Street to Vine Brook Road the original recom- and South Branches, the reconstruction of the culvert at North Street, the mendation was a 72-inch closed conduit laid some eight feet below the possible future needs for a storage reservoir at Butterfields Pond, the prob- I bottom of the present brook at Massachusetts Avenue. This we recom- able future relocation and construction of Lowell Street as a part of the , mend be changed to a 78-inch conduit to be extended southerly from Vine , proposed Lowell Turnpike, and the change in conditions that may occur , Brook Road some 150 feet to the present junction of the North and South after completion of this project in respect to the flowage of Vine Brook 1 Branches, alsO from the foot of Sheridan Street to Hayes Lane as there through the adjoining Town of Burlington. ' are a number of houses backing up and fairly close to the brook in this We submit our recommendations in the following order— , area. The closed 78-inch conduit will be laid with tight joints. There No 1—Land Taking. , will be catch-basin connections at all highways and such additional catch No. 2—Construction. basins as may be necessary for surface water in land below street levels. No. 3—Flood storage—Butterfields Pond. As to the capacity of this conduit, we are advised by the Superintendent of No. 4—North and South Branches. Public Works that "the main channel of Vine Brook was designed by Met- No. 5—Betterments and Assessments, calf & Eddy to take care of the runoff from a two year frequency storm No. 6—Estimated cost of No. 1 and No 2. after the tributary area (south of Mass. Ave.) shall have become developed No 7—Financial Facts. with 25% of impervious surfaces," (roads, roofs, sidewalks, drives, etc.) No. 8—Future benefits. Well developed areas near the center have about 27% impervious surfaces Metcalf U Eddy, the Selectmen, the Planning Board, and all previous And "the main channel has been designed with a capacity sufficient to carry Committees, have, wisely, in their reports, considered the improvements away all the water which would be represented by a depth of 7 2 inches of the Vine Brook Area both as a drainage problem and in its relation to over the entire drainage areas within 24 hours." and effect upon other and resulting conditions. This project will provide We recommend that the Town provide funds and authorize the Se- a location for a new low-level sewer southerly from Hayes Lane. It will lectmen to complete the necessary borings, surveys, plans and specifications also provide an opportunity, when needed, to lay out new streets and in- so that they may report to the Town in detail as to the estimated costs of stall water mains and extend surface drainage facilities. Vine Brook must the work recommended from North Street to the junction of the North not only be protected but there must be opportunity for full access to it at and South Branches, and such supplementary work as may be needed on all times. In farming areas temporary low dams may be placed in the the North and South Branches to Waltham Street and Winthrop Road. Report accepted, placed on file and Committee discharged. A unanimous vote 8:18 P.M. ---- - and Bowsers Road channel to prevent the water table from falling too low during the grow- No 3—Flood Storage—Butterfields Pond. with this work in ing season. i Consideration of this item has not previously been presented to the uthorities, it being ; Convinced from our studies that the Metcalf & Eddy reports are citizens. Your committee recommend that it is advisable this be given --?ederal Funds and sound, and emphatic in our opinion that the Town should secure to it- careful engineering study We recommend that the Engineering Depart- these points. We self every advantage that may accrue when this work is undertaken our first ment, at the direction of the Selectmen, consider utilizing Butterfields >f 1936 they filed recommendation is in reference to land takings. Pond as a flood-control Basin, having in mind its relation to the section Public Works Ad- No. 1—Land Taking of Vine Brook from the Town line down stream to Lexington Street in Brook adjacent to We recommend that the Town acquire by purchase or eminent do- Burlington. This study should include such changes in Lowell Street at ae Federal authori main for surface and sanitary drainage purposes the land necessary to Butterfields Pond as may develop as a part of the Lowell Turnpike project deepen, widen, straighten, and relocate the main channel of Vine Brook recommended by the Mass. Highway Department. in the Lexington and its North and South Branches, change its location from its present ' $ on Marrett Road channel, construct closed conduits in place of open channels, and change No 4—North and South Branches. Brook Road and the direction, volume and rapidity of the flow of the said Brook and its Under No 2 we recommended the Town secure the necessary engi- Road and Massa- Branches and of any surface or underground water flowing into it. We neering data which would permit construction of the entire main channel herman and Sheri- recommend land takings or purchases have a width of 150' through the t as far as the junction of the North and South Branches 150' south of Vine Lane. From this i meadow and farm areas from North Street to Hayes Lane, a width of 25' Brook Road. a with street cross for conduit use from Hayes Lane to the Town Hall property on Massa Your committee does not undertake to say how or when or if ever elds Pond and un chusetts Avenue, a width of 60' from Massachusetts Avenue to the North the development of the area south of Mass. Ave., as contemplated by len the brook con- Branch and along the North Branch to Waltham Street, and a width of the Planning Board in the 1930 Report, will require consideration. It �ws, crossing Lex- 150' from Vine Brook Road over the relocated North and South Branches is our opinion that the construction work on the main channel will, for end continuing on to Marrett Road. the present, provide adequate drainage for the area served by the North The Vine Brook and South Branches. ;quare miles. No 2—Construction. We recommend that the Town secure (No 1) such land by pur- s recommended or The latest study of Vine Brook, made by the engineers, provides for chase or eminent domain as will give the Town complete control of the leering advice and an open channel from North Street to near the foot of Sheridan Street. land required for the existing North and South Branches and proposed In places—through flat land—this channel will be 35 feet wide. Here, future channel locations throughout this area. That, in connection with study of this proj- as elsewhere, land takings should bear relation to the width of the brook. and as a part of the construction work on the main channel the present ok, but the North From the foot of Sheridan Street to Vine Brook Road the original recom- South Branch be lowered to the new level at the junction point and ta- North Street, the mendation was a 72-inch closed conduit laid some eight feet below the pered in level to Winthrop Road. That the North Branch be similarly Is Pond, the prob- bottom of the present brook at Massachusetts Avenue. This we recom- lowered to Waltham Street. t as a part of the mend be changed to a 78-inch conduit to be extended southerly from Vine That if and when the owners of a substantial amount of land in as that may occur Brook Road some 150 feet to the present junction of the North and South these areas south of Mass. Ave. shall petition the Town for any part ge of Vine Brook ; Branches, also from the foot of Sheridan Street to Hayes Lane as there or all of the drainage work contemplated by the Metcalf &d Eddy report are a number of houses backing up and fairly close to the brook in this such construction work and improvements be undertaken in accordance )rder— area. with an agrees 'nt and plan approved by the land owners and the Town. The closed 78 inch conduit will be laid with tight joints. There Following completion of recommendations 1 and 2, we recommend will be catch-basin connections at all highways and such additional catch the improvement of part or all of the North and South Branches, to be basins as may be necessary for surface water in land below street levels, undertaken on petition of the owners having a substantial frontage on j As to the capacity of this conduit, we are advised by the Superintendent of the land acquired by the Town for future drainage purposes, such im- Public Works that "the main channel of Vine Brook was designed by Met- provements to be in accordance with an agreement and plan to be approved calf £4 Eddy to take care of the runoff from a two year frequency storm by the land owners and the Town. after the tributary area (south of Mass. Ave.) shall have become developed ' with 25% of impervious surfaces," (roads, roofs, sidewalks, drives, etc.). No 5—Betterments and Assessments. Well developed areas near the center have about 27% impervious surfaces We do not recommend separate assessment of betterments for the 1, and all previous And "the main channel has been designed with a capacity sufficient to carry work which we have recommended as immediately desirable under items the improvements away all the water which would be represented by a depth of 7 2 inches No 1 and No 2 since land will be acquired on both sides of the stream 1 in its relation to over the entire drainage areas within 24 hours." , and the consequent improvement in value will be taken into consideration �ect will provide i 'o � We recommend that the Town provide funds and authorize the Se- in determining appropriate compensation res Lane. It will F lectmen to complete the necessary borings, surveys, plans and specifications No 6—Estimated Costs. ew streets and in- so that they may report to the Town in detail as to the estimated costs of Vine Brook must the work recommended from North Street to the junction of the North Your committee was not provided with any funds. We were there- full access to it at 1 and South Branches, and such supplementary work as may be needed on fore limited in our work mainly to a consideration of the problems on be placed in the the North and South Branches to Waltham Street and Winthrop Road. the basis of studies already made. From these studies and reports we es- / / . 359 Motion by George W. Sarano report be accepted and placed on file. Question by Edward W. Kimball if report to be read and voted upon at next meeting. Selectman Archibald R. Giroux states until such time as pre- sented- to Town Meeting Members to be placed onfile and not to be read at this meeting. Report read and placed on file - Committee discharged. A Unanimous Vote 8:17 P.M. William. R. Ballard presented report of Vine Brook Drainage Committee, moving that same be accepted, placed on file and Com- mittee be discharged. timate the work that we have recommended as immediately desirable un- der No 1, No 2, No. 3 will cost from $200,000 to $250,000 Of necessity this estimate is not based upon present day costs. A closer figure can only be obtained when engineering work has been completed and detailed plans and specifications prepared. No 7—Financial Facts. We are informed that to secure the funds for this project the sum of $5,500 will in 1937 (should the work be undertaken this year) have to be transferred from available funds or in 1938 or later years be appro- priated and assessed that the Town may borrow for not more than thirty years the balance of the funds required. The bonded debt of the Town in 1931 was $922,500 On December 31, 1937, it will be $373,500 if no further permanent loans are authorized before that time. The Town's borrowing capacity inside the debt limit will, under the same conditions, be $505,000 on December 31, 1937 The reduction in the Town debt between 1931 and 1937 and the corresponding increase in the borrowing capacity inside the debt limit of $505,000 as of December 31, 1937, will indicate that the Town is now in far better financial con- dition to give this project favorable consideration than they were on May 6, 1930, the date on which the Selectmen and the Planning Board pub- lished and distributed the first Metcalf Eddy report to the Town. No. 8—Future Benefits. Completion of the improvements to Vine Brook will maintain pres- ent land values throughout the drainage area and will create and induce the use for desirable residential purposes large areas not suitable for such use at the present time. This, in turn, will increase the assessable values of land and buildings in this area, thus providing a substantial contribu- tion toward principal of maturing bonds and interest. Early in this report we referred to the fact that the Selectmen had made application to the authorities that certain sections of the work on Vine Brook be considered as Federal projects. In the opinion of your committee the Massachusetts Avenue section, which consists of laying a 78" pipe 8' lower than the bed of Vine Brook, and the installation of a low-level sewer, under four streets and the B M. R. R., is such as to require skilled help as well as able supervision. We believe a better, quicker, and possibly a less expensive job will result if this section is done under competitive contract. The construction of the open ditch from North Street to Hayes Lane is a very different proposition and could be undertaken by Town labor or as a Federal project. In considering whether the Town should undertake this project at the present time and whether all or what part of the work should be done, we have had continuous help and cooperation on the part of the Selectmen and of John W Raymond, Jr., Superintendent of Public Works and the Engineering Department. Mr Raymond was employed by and represented Metcalf Eddy in their survey and report to the Planning Board and Selectmen dated September 29, 1928 In so far as we can estimate the needs and growth of Lexington for the next thirty years the changes and improvements to this portion of the main channel of Vine Brook outlined herein will be ample for all surface drainage needs. The completion of the work will result in direct and in- Report accepted, placed on file and Committee discharged. A unanimous vote 8:18 P.M. direct benefits not only to the immediate areas concerned but to the Town as a whole. We believe the work of deepening, widening, straightening and re- locating Vine Brook should be done and without further unnecessary post- ponement. We are unanimous in recommending that the Town proceed at once substantially as set forth herein. 'e44TIEL .-cunuo 0 EDWIN B WORTHEN, J. HENRY DUFFY, ROBERT H. ELDRIDGE, W H. BALLARD, ROY A. FERGUSON, Vine Brook Drainage Committee gsea aquas uodn eITJ 360 tll Selectman Charles E. Ferguson moves to take up Article 2, offering the following: Art. 2. VOTED: That the Selectmen be authorized to obtain engineering information and advice with respect to the recommendations for the improvement of Vine Brook drainage contained in the report of the Vine Brook Drainage Committee presented at this meeting, and, with- out binding the Town to undertake or perform any con- struction of a Vine Brook drainageproject to have con- struction drawings and contract specifications prepared for the same, to obtain one or more bids from responsi- ble contractors for the performance of the work, and estimates of the cost of acquiring any necessary land or easements by purchase or eminent domain, the results of this investigation to be reported to the To at a future meeting; and that for this purpose the sum of $3,000.00 be appropriated, the funds therefor to be provided by the transfer of $1,500.00 from the Excess & Deficiency Account, and by the transfer of $1,500.00 from the Engineering Department--Personal Services Account. The following presented by Allan W. Rucker, Chairman of the Appropriation Committee: The Appropriation Committee's recommendation under this Article is more or less mandatory in view of the fact that the Town voted in March to have a special com- mittee advise it with regard to Vine Brook drainage and knowledge of the total cost of the project is necessary to fulfill that Committee's recommendations . The App-ro- priati on Committee's approval of this particular expen= diture does not in any manner imply approval of the construction of a Vine Brook drainage project. Question by Albert H. Burnham regarding work of Engineers during the past Spring. Selectman Archibald R. Giroux asks permission for John W. Raymond Jr., Superintendent of Public Works, to explain the question. Permission granted unanimous. Question by George W. Saran why difference in amount $3,000.00 from original $5,500.00. Explained work could be done for that amount. Discussion by various speakers. Original motion as presented carried unanimously 8:32 P.M. Edwin B. Worthen asks permission to return to Article 1 presenting a motion, which the Moderator Pro-Tem, asked to have put in writing. Selectman Charles E. Ferguson moves to take up Article 3, offering the following: Art. 3. VOTED: That the Town release to the Arlington Five Cents Savings Bank of Arlington, Massachusetts, all rights and easements it may have in the portion of the premises at the corner of Massachusetts Avenue and Grant Street, Lexington, which was conveyed to the said Arlington Five Cents Savings Bank by Caroline A. Harrington by deed dated December 5 1935, recorded with Middlesex South District Deeds , Book 6059 Page 147 which lies northwest- erly of the line marked "140 _+ Proposed Line" on a Plan. of Land in Lexington, Mass. by John T. Cosgrove, Town Engineer, dated April 28, 1937, and that a majority of the Selectmen be, and they hereby are, authorized to execute, and the Town Treasurer to countersign, a deed to the said Arlington Five Cents Savings Bank releasing 361 said rights and easements in the form submitted to this meeting, and the signatures of said Officers thereto shall be sufficient to identify the deed referred to in this vote for all purposes, and deliver the same upon the execution and delivery to the Town by the said Bank of a deed conveying to the Town the land shown on the said plan between the thread of Vine Brook and the said line marked on the said plan "140 -...Proposed Line" free and clear of all encumbrances. Town Counsel, S. R. Wrightington, explains the Article. Vote as presented, Carried Unanimous 8:39 P.M. Edwin B. Worthen presents motion in writing as requested by the Moderator under Article 1, as follows : VOTED: That the Moderator appoint a Committee of three who shall determine the extent of the flooded areas in the north and south branches of Vine Brook basins and in the basin of the main channel, secure data as to the price at which these areas may be purchased by the Town and to report at a later Town Meeting. Discussion by various speakers . Moderator presents motion, which was declared lost 8:44 P.M. Selectman Charles E. Ferguson moves to take up Article 4, offering thefollowing: Art. 4. VOTED: That the following amounts be appropriated and transferred from the Excess and Deficiency Account : Public Welfare, $20,000.00 Carried Unam. 8:45 P.M. Old Age Assistance 5,000.00 Carried Unam. 8:45 P.M. Aid to Dependent Children 1,000.00 Carried Unam. 8:45 P.M. Removal of Snow and Ice 1,500.00 Carried Unam. 8:45 B.M. Sidewalk Construction, Sundry Sts . 500.00 Carried Unam. 8:45 P.M. Law Dept. 650.00 Carried Unam. 8:45 P.M. Selectman Charles E. Ferguson moves to take up Article 5, offering the following: Art. 5. VOTED: That the sum of $250.00 be appropriated and trans- ferred from the Excess and Deficiency Account to defray the expenses incurred by the Retirement Board established under Ch. 319 of the Acts of 1936. Carried Unanimous 8:46 P.M. Selectman Charles E. Ferguson moves to take up Article 6, offering the following: Art. 6. VOTED: That the sum of $1,500.00 be appropriated and transferred from the Excess and Deficiency Account to be paid to the Board of Retirement as a contribution from the Town for the Pension Accumulation Fund, under the provi- sions of Section 31G, Paragraph 3 of Chapter 32 of the General Laws, as amended by Chapter 318 of the Acts of 1936. Carried Unanimous 8:47 P.M. Selectman Charles E. Ferguson moves to take up Article 7, offering the following: Art. 7. VOTED: - That the sum of $4,000. be appropriated for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects, and for this purpose this amount be transferred from the Excess and Deficiency Account. Carried Unanimous 8:48 P.M. 362 Selectman Charles E. Ferguson moves to take up Article 8, offering the following: Art. 8. VOTED:` That an 8" water main be installed in Shade Street for a distance of approximately 1320 feet, subject to the assessment of betterments , and that funds for this purpose be provided by the transfer of $620.00 from the Water Asses§ment Fund.; by the transfer of $284.0.00 from the Water Department Available Surplus Account; and by the transfer of $2140.00 from the Excess and Deficiency Account; and that the Selectmen be authorized to execute in the name and on behalf of the Town an agreement with J. Willard Hayden with respect to the said extension, including a stipulation for non-assessment or abatement of betterments for future extensions past the property on Shade Street of the said Hayden. Carried Unanimous 8.50 P.M. Selectman Charles E. Ferguson moves to take up Article 9, offering the following: Art. 9. VOTED: That an additional sum of $4,000. be appro- priated for the purchase of the real estate numbered 1557 Mass. Avenue, Lexington, adjoining the Cary Memorial Hall, formerly, owned by the late William L. Barnes , and that this amount be raised by the transfer of 01,000. from the Sale of Real Estate Fund, and by the sale of notes or bonds of the Town in the amount of $3,000., issued in accordance with law and payable in not more than five years from the date thereof. General discussion by various speakers . Motion as presented put to a voice vote, the vote not being unanimous the Moderator asked for a standing vote as follows: In Favor Opposed 30 George W. Sarano 11 57 Ernest O. Nichols 11 25 Edwin B. Worthen 7 112 29 Carried 9:06 P.M. - Selectman Charles E. Ferguson moves to take up Article 10, offering the following Art. 10. VOTFT): That the sum of $400.00 be appropriated and transferred from the Excess and Deficiency Account for repairs to the Captain Parker Monument. Carried Unanimous 9:07 P.M. Selectman Charles E. Ferguson moves to take up Article 11, offering the following: Art. 11. VOTED: That the action of the Selectmen in making an agreement with Benjamin B. Meady dated May 24, 1937 for the purpose of settlement of an action brought by the said Meady against the Town, No. 90216 in the Superior Court for the County of Middlesex, be and it hereby is ratified, and for the purpose of carrying out the said settlement the sum of $500 . is appropriated, and for the purpose of meeting the said appropriation the sum of $500.00 is trans- ferred from the Excess and -Deficiency Account. Town Counsel S. R. Wrightington explains the article, rec- ommending that it be voted. Carried Unanimous 9:08 P.M. 363 Selectman Charles E. Ferguson moves to take up Article 12, offering the following: Art. 12. VOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets : Spencer Street: Fairview Avenue. Spencer Street Carried Unanimous 9:09 P. M. Fairview Avenue Carried Unanimous 9:09 P. M. r- Selectman Charles E. Ferguson moves to take up Article 13, offering the following: Art. 13. VOTED: That the sum of $1271.62 be appropriated and transferred from the Water Dept. Available Surplus Account to the Water Maintenance Account. Carried Unanimous 9:10 P.M. Selectman Charles E. Ferguson moves to take up Article 14, offering the following: Art. 14. VOTED: That the sum of $133.93 be appropriated and transferred from the account for the installation of warning signals at Fletcher Avenue at the Boston and Maine railroad crossing to the Highway Maintenance, Personal Services Account. Carried Unanimous 9:11 P.M. Selectman Charles E. Ferguson moves to take up Article 15, offering the following: Art. 15. VOTED: That the sum of $1,000. be appropriated and transferred from the Road Machinery Fund to the Road Machinery Account. Carried Unanimous 9:12 P.M. Selectman Charles E. Ferguson moves to take up Article 16, offering the following Art. 16. VOTED: That the sum of $592.60 be appropriated and transferred from the account for Highway Construction, Lincoln Street, 1936 Contract, to the account for Highway - Construction, Lincoln Street, 1935 Contract. Carried Unanimous 9:13 P.M. Selectman Charles E. Ferguson moves to take up Article 17, offering the following: Art. 17. VOTED: That Article 3, Section 5 on the General By.. Laws of the Town be amended by substituting for the first sentence thereof the following: "The annual meeting of the Town shall be called for such an hour, and the polls shall be kept open con- ' sinuously, for voting, until such hour as shall be set forth by the Selectmen in the warrant for the meeting. Standing vote was taken, results as follows : In Favor Tellers Opposed 13 George W. Sarano 27 10 Ernest O. Nichols 55 12 Edwin B. Worthen 20 35 102 Declared Lost 9:18 P.M. e4 Selectman Charles E. Ferguson moves to take up Article 18, offering the following: Art. 18. VOTED: That the name or the street "Elm Avenue" be _ changed to `Harrington Road. Edwin B. Worthen speaks in favor of change being made. Vote as presented carried unanimous 9:21 P.M. Selectman Charles E. Ferguson moves that Article 19 be indefinitely postponed, which was carried unanimous 9:22 P.M. Selectman Charles E. Ferguson moves to take up Article 20, offering the following: Art. 20. VOTED: That the Town accept from the Town of Arlington the 6 inch water main in Hibbert Street which leads from the Arlington line for a distance of approximately 250 feet in a northerly direction. Carried Unanimous 9:23 P.M. Selectman Charles E. Ferguson moves to take up Article 21, offering the following: Art. 21. VOTED: That the sum of $10.00 be appropriated and transferred from the Excess and Deficiency Account to the Account for the Collector of Taxes as reimbursement on account of counterfeit money. Carried Unanimous 9:24 P.M. Selectman Charles E. Ferguson moves to take up Article 22, William H. Ballard offering the following vote: VOTED: That the moderator appoint a committee of five to investigate and recommend to the Town whether they should increase the size of the present Burlington Street park area of 5.3 acres by purchasing from Peter J. and Margaret E. Kinneen part or all of the adjoining prop- erty bounded by Burlington Street, the present town park, and the Board of Survey Streets as shown on plan of the Town Engineer dated June_ 3, 1935 Carried Unanimous 9:26 P.M. Selectman Charles E. Ferguson moves to take-up Article 23, Mr. Clem H. Ferguson of the Planning Board presenting the following: VOTED: That the Town amend the Lexington Zoning By-Law as follows : Under Section 3. Districts Defined. (b) , M.1 Dis- ricts; by striking out Paragraph 1, which reads, 'Beginning on the easterly line of the Railroad prop- erty at the northerly side line of Fottler Avenue and. extending along the easterly line of the Railroad property for a distance of 2,700 feet, thence easterly inward from said Railroad property a distance of 300 feet, thence southerly parallel with said Railroad property to a point opposite the point of beginning, thence westerly to the point of beginning. , and by changing the Map in accordance therewith; and by chang- ing the numbering of Paragraph 2to become Paragraph 1. Mr. Clem H. Ferguson reads the following report: 365 REPORT OF THE PLANNING BOARD ON THF FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 2.3 IN THE WARRANT FOR THE TOWN MEETING TO BE HELD SEPTEMBER 27, 1937 Under Section 3. Districts Defined. (b), M.1 Districts; by striking out Paragraph 1, which reads, Beginning on the easterly line of the Railroad property at the northerly side line of Fottler Avenue and extending along the easterly line of the Rail- road property for a distance of 2,700 feet, thence easterly inward -- from said Railroad property a distance of 300 feet, thence south- erly parallel with said Railroad property to a point opposite the point of beginning, thence westerly to the point of beginning. , and by changing the Map in accordance therewith; and by changing the numbering of Paragraph 2 to become Paragraph 1. A public hearing was held on June 18, 1937, on the proposed amendment after notices given in accordance with the Lexington Zoning By-Law, and the Planning Board now submits a final report with recommendations to the Town. At the present time there are two areas in Lexington zoned for light manufacturing purposes . One, plot 250 feet wide upon each side of the Railroad property extending from Westview Street (behind the cemetery) in a southerly direction to Center Street, a distance of 4460 feet and containing approximately 51 acres. The second, (being the district covered by this amendment) is a plot 300 feet wide opposite the East Lexington Railroad Station extending 2,700 feet in a northerly direction from Fottler Avenue and containing roughly 182 acres. These plots were laid down as a part of the original Zoning By-Law in 1924 and while neither has been utilized for manufac- turing purposes, the Board considers it advisable to have the North Lexington area available for light manufacturing if and when a demand should arise. L _ The former pumping station has been removed from the East Lexington plot and some six single family houses built during the past thirteen years, several with the feeling that they were in a protected residential district. Acting upon a written request from ten of the resident property owners in this neighborhood, the Planning Board pre- sents this amendment and recommends favorable action by the Town. Edward. W. Kimball Eugene G. Kraetzer Lester F. Ellis Wm. Roger Greeley D. E. Nickerson Clem H. Ferguson F- Carried Unanimous 9:30 P.N . Selectman Archibald. R. Giroux moves to take up Article 24, presenting the following: VOTED: That the Town amend the Lexington Zoning By-Law and Map- by changing the limits, of the existing C.l District as follows:- . ollows:- 14. At the junction of Woburn and Lowell Streets business districts upon each of the corners and extend- ing for a distance of 200 feet along each street from the junction points of the side lines of each street thence back at right angles to each said street until the exterior lines intersect. Mr. William R. Greeley of the Planning Board reads the following report= REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 24 IN THE WARRANT FOR THE TOWN-MEETING TO BE HELD SEPTEMBER 27, 1937 To see if the Town will vote to amend the Lexington Zoning By-Law and Map by changing the limits of the existing C.l Dis- trict as follows 14. At the junction. of-Woburn and Lowell Streets business districts upon each of the corners and extending for a distance of 200 feet along each street from the junction points of the side lines of each street thence back at right angles to each said street until the ex- terior lines intersect. A public hearing was held August 6, 1937 on the proposed amendment, after notices given in accordance with the Lexington By-Law, and the Board now submits a final report with recom- mendations to the Town Meeting. The amendment under consideration applies to a commercial zone in which there is a going business and the petitioner has a legal right to enlarge or rebuildthe structures so long as the building code and setback provisions are met. There are at present six similar business districts lo- cated between a mile and a mile and a half from the center of ._... the Town, all 100 feet in depth, all at the intersection of two or more streets , and it is obvious that any treatment afforded one location should also be applicable to all of the others. At five of these areas, including the one covered by this petition, business exterprises are in actual operation. '-he Board has repeatedly expressed its opinion that traffic hazards are increased when business is introduced at outlying intersec- tions and feels that effort should be directedtowards minimizing such dangerous conditions as the opportunity is presented. Lowell Street is actively under consideration for a throughway layout between Boston and Lowell and when rebuilt will carry a heavy traffic load with the accompanying inter- section hazards . The Planning Board has held several conferences with the owners of the property at the intersections of Lowell and Woburn Streets and has received a signed easement which provides that there shall be no further structures erected at the corners, within a distance of one hundred and twenty (120) feet of the intersection of the center lines of the two streets. The Board is of the opinion that this will protect the interests of the Town by keeping adequate sight lines open. -- The Board believes that the total aggregate area now zoned for business is far in excess of the needs of the Town for a long time to come. However, it feels that there are advantages in deeper setbacks, especially where, as in this petition, no added frontage is involved and where the areas to be changed are not suited for residential uses . The Planning Board sees no detrimental effect on the 367 surrounding property through this proposed amendment and no ob- jection has been registered or claimed by any party. The Planning Board recommends favorable action by the Town. Edward W. Kimball Eugene G. Kraetzer Lester F. Ellis Wm. Roger Greeley D. E. Nickerson Clem R. Ferguson Carried Unanimous 9:35 P.M. Selectman Charles E. Ferguson moves to take up Article 25. Attorney Mason Stone representing Mr. Mullen, asked per- mission to go upon the floor to address the Town Meeting Members . Permission was granted, Attorney Stone presenting the following vote: VOTED: That the Town amend the Lexington Zoning By-Law and Map- by changing from an R.2 District to a C.l District the area bounded and described as follows :- Beginning at Fottler Avenue on the easterly side of Massachusetts Avenue, extending southerly 265 feet, thence turning easterly 190.24 feet to the Railroad property, then turning northerly along the Railroad property, 265.38 feet to Fottler Avenue, thence turn- ing westerly along Fottler Avenue 174.34 feet to the point of beginning. Report of Planning Board read by Mr. Lester F. Ellis as follows : REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 25 IN THE WARRANT FOR THE TOWN MEETING TO BE HELD SEPTEMBER 27, 1937 To see if the Town will vote to amend the Lexington Zoning By-Law and Map by changing from an R.2 District to a C.1 District the area bounded and described as follows :- Beginning at Fottler Avenue on the easterly side of Massachusetts Avenue, extending southerly 265 feet, thence turning easterly 190.24 feet to the Railroad property, thence turning northerly along the Railroad property 265.38 feet to Fottler Avenue, thence turn- ing westerly along Fottler Avenue 174.34 feet to the point of beginning. A public hearing was held September 2, 1937 on the proposed _ amendment, after notices given in accordance with the Lexington Zoning By-Law, and the Board now submits a final report with recommendations to the Town Meeting. The petitioner has used this land for business for years, and the Town By-Law permits him to do so- in the future, provided he erects no new structures. The zoning plan looks toward the eventual return of this parcel to residence uses . This is logical, as the property across the street is all residential, and the side street, Fottler Avenue, is itself an approach to a residettial area. 368 There is no demand for increased business areas . IsoNI The Planning Board believes therefore that existing in- terests both commercial and residential will be protected by a continuation of the present zoning regulations, and the Board does not advise any change. Edward W. Kimball Lester F. Ellis Eugene G. Kraetzer -- Clem H. Ferguson Wm. R. Greeley Various speakers discuss the Article. A standing vote was taken with results as follows : In Favor Tellers Opposed 26 George W. Saran 9 58 Ernest 0. Nichols 8 22 Edwin B. Worthen 12 106 29 Amendment Carried 9:58 P.M. Selectman Charles E. Ferguson moves to take up Article 26. Mr. Edward W. Kimball of the planning Board presented the follow- ing ._. VOTED: That the Town amend the Lexington Zoning By-Law and Map as follows :- By changing that part of Section 1. which now reads, `sand as shown on the zoning map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk March 17, 1924, and all amendments thereto, which map as amended is hereby made a part of this By-Law,' to read as follows:- and as shown on the zoning map prepared by John T. Cosgrove, Town Engineer, and filed with the Town Clerk August 12, 1937, and all amendments thereto, which map as amended is hereby made a part of this By-Law. Report of Planning Board presented as follows : REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 26 IN THE WARRANT FOR THE TOWN MEETING TO BE HELD SEPTEMBER 27, 1937 To see if the Town will vote to amend the Lexington Zoning _ By-Law and Map as follows :- By changing that part of Section 1, which now reads, and as shown on the zoning map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk March 17, 1924, and all amendments theretowhich map as amended is hereby made a part of this By,-Law,'t to read as follows:- and ollows:- and as shown on the zoning map prepared by John T. 369 Cosgrove, Town Engineer, and filed with the Town Clerk August 12, 1937, and all amendments thereto, which map is hereby made a part of this By-Law. A public hearing was held on September 2, 1937, on the pro- posed amendment after notices given in accordance with the Lexing- ton Zoning By-Law, and the Planning Board now submits a final report with recommendations to .the Town Meeting. The establishment of new highways and streets since the adoption of the zoning map and this amendment is necessary to make the new map a part of the Zoning By-Law, and the Planning Board recommends favorable action by the Town. Edward W. Kimball Lester F. Ellis Eugene G. Kraetzer Clem H. Ferguson Wm. R. Greeley Carried Unanimous 10:00 P.M. Selectman Charles E. Ferguson moves to take up Article 27: Mr. Donald E. Nickerson of the Planning Board offering the following: VOTED: That the Town amend the Lexington Zoning By-Law as follows:- By changing under Section 3. fib) , C.1 Districts, Paragraph 11, which now reads : e°On the easterly side of Bedford Street the property known as the Carbarn prop- erty, extending from Bedford Street to the Railroad property, and on the westerly side of Bedford street extending southerly from a point opposite the northerly boundary of the Carbarn property to Reed Street and of a depth,of 100 feet from the westerly line of Bedford Street. to read as follows :- 11. On the easterly side of Bedford Street begin- ning at a Point on the northeasterly side of Bedford Street said point being northwesterly and distant 145 feet from the southeasterly terminus of a curve of radius 816.4 feet and extending southeasterly along Bedford street for a distance of 285 feet and extend- ing in depth to the Boston & Maine Railroad and on the westerly side of Bedford Street beginning at a Point on the southwesterly side of Bedford street said point being northwesterly and distant 154 feet from a stone bound marking the southeasterly terminus of a curve of radius 866.4 feet and extending southeasterly along Li Bedford Street to the northeasterly side line of Reed Street and of a depth of 100 feet from the adjacent side line of Bedford Street. Report of Planning Board presented as follows: 37 cn REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 27 IN TEE WARRANT FOR THE TOWN MEETING TO BE HELD SEPTEMBER 27, 1937 To see if the Town will vote to amend the Lexington Zoning By-Law as follows-- By changing under Section 3. (b) , C.1 Districts, par- agraph 11, which now reads; "On the easterly side of Bedford Street the property known as the Carbarn property, extending from Bedford Street to the Railroad property, and on the westerly side of Bedford Street extending southerly from a point opposite the northerly boundary of the Carbarn property to Reed Street and of a depth of 100 feet from the westerly line of Bedford Street. to read as follows :- 11. ollows :- 11. On the easterly side of Bedford Street beginning at a point on the northeasterly side of Bedford Street said point being northwesterly and distant 145 feet from the southeasterly terminus of a curve of radius 816.4 feet and extending southeasterly along Bedford Street for a distance of 285 feet and extending in depth to the Boston & Maine Railroad and on the westerly side of Bedford Street beginning at a point on the southwesterly side of Bedford Street said point being northwesterly and distant 154 feet from a stone bound marking the southeasterly terminus of a curve of radius 866.4 feet and extending southeasterly along Bedford Street to the northeasterly side line of Reed Street and of a depth of 100 feet from the adjacent side line of Bedford Street. A public hearing was held on September 2, 1937 on the pro- posed amendment after notices given in accordance with the Lexington Zoning By-Law, and the Planning Board now submits a final report with recommendations to the Town. The purpose of this amendment is to provide an accurate description of an existing zone based on permanent markers. It is technical in nature and -does not change the area or location of the present commercial zone. The Planning Board recommends favorable action by the Town. Edward W. Kimball Lester F. Ellis Eugene G. Kraetzer Clem H. Ferguson Wm. R. Greeley Carried Unanimous 10:02 P.M. Motion by Selectman Charles E. Ferguson which was seconded, meeting be dissolved. Carried Unanimous 10:03 P.M. A true record. Attest: /Town Cle i 371 ATTORNEY GENERAL'S APPROVAL SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937 Selectman Charles E. Ferguson moves to take up Article 23, Mr. Clem H. Ferguson of the Planning Board presenting the follow- ing: -VOTED: That the Town amend the Lexington Zoning By-Law as follows : Under Section 3. Districts Defined. (b), M.l Dis- tricts; by striking out Paragraph 1, which reads,. Beginning on the easterly line of the Railroad prop- erty at the northerly side line of Fottler Avenue and extending along the easterly line of the Railroad property for a distance of 2,700 feet, thence easterly inward from said Railroad property a distance of 300 feet, thence southerly parallel with said Railroad property to a point opposite the point of beginning, thence westerly to the point of beginning. , and by changing the Map in accordance therewith; and by chang- ing the numbering of Paragraph 2 to become Paragraph 1. Planning Board presents report. Carried Unanimous 9:30 P.M. Lexington, Mass . October 18, 1937 I, James 3. Carroll, Town Clerk of the Town of Lexington, Mass., do hereby certify that the above isa true and exact copy of Article 23 as passed at a special town meeting held September 27, 1937, and as same appears of record. James J. Carroll Town Clerk Boston, Mass. , November 9, 1937. The foregoing amendment to zoning by-law is hereby approved. Paul A. Dever Attorney General. SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937 r- Selectman Archibald R. Giroux moves to take up Article 24, presenting the following: VOTED: That the Town amend the Lexington ZoningBy-Law and Map by changing the limits of the existing .1 District as follows:- 14. At the junction of Woburn and Lowell Streets business districts upon each of the corners and extend- ing for a distance of 200 feet along each street from 372 the junction points of the side lines of each street thence back at right angles to each said street until the exterior lines intersect. Planning Board presents report. Carried Unanimous 9:35 P.M. Lexington, Mass . October 18, 1937 I, JamesJ: Carroll, Town Clerk of the Town of Lexington, Mass ., do hereby certify that the above is a true and exact copy of Article 24 as passed at a special town meeting held September 27, 1937, and as same appears of record. James J. Carroll Town Clerk Boston, Mass. , November 9, 1937. The foregoing amendment to zoning by-law is hereby approved. Paul A. Dever Attorney General. SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937 Selectman Charles E. Ferguson moves to take up Article 25. Attorney Mason Stone representing Mr. Mullen asked per- mission to go upon the floor to address the Town meeting Members. Permission was granted, Attorney Stone presenting the following vote: VOTED: That the Town amend the Lexington Zoning Bye-Law and Map by changing from an R.2 District to a C.1 District the area bounded and described as follows :- Beginning at Fottler Avenue on the easterly side of Massachusetts Avenue, extending southerly 265 feet, thence turning easterly 190.24 feet to the Railroad property, then turning northerly along the Railroad property, 265.38 feet to Fottler Avenue, thence turn- ing westerly along Fottler Avenue 174.34 feet to the point of beginning. Planning Board read report. A standing vote was taken with results as follows : In Favor Tellers Opposed 26 George W. Sarano 9 58 Ernest O. Nichols 8 22 Edwin B. Worthen 12 106 29 Amendment carried 9:58 P.M. 373 Lexington, Mass. October 18, 1937 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass ., do hereby certify that the above is a true and exact copy of Article 25 as passed at a town meeting held September 27, 1937, and as same appears of record. James J. Carroll Town Clerk Nov. 3, 1937 . The foregoing Zoning By-Law is hereby approved. Paul A. Dever Attorney General. SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937 Selectman Charles E. Ferguson moves to take up Article 26. Mr. Edward W. Kimball of the Planning Board presented the follow- ing: VOTED: That the Town amend the Lexington Zoning By-Law and Map as follows : By changing that part of Section 1. which now reads, and as shown on the zoning map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk March 17, 1924, and- all amendments thereto, which map as amended is hereby made a part of this By-Law," to read as follows :- and as shown on the zoning map prepared by John T. Cosgrove, Town Engineer, and filed with the Town Clerk August 12, 1937, and all amendments thereto, which map as amended is hereby made a part of this By-Law. Report of Planning Board presented. Carried Unanimous 10:00 P.M. Lexington, Mass. October 18, 1937 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass . , do hereby certify that the above is a true and exact copy of Article 26 as passed at a special_ town meeting held September 27, 1937, and as same appears of record. James J. Carroll Town, Clerk Boston, Mass., November 9, 1937. The foregoing amendment to zoning by-law is hereby approved. Paul A. Dever Attorney General. 374 SPECIAL TOWN MEETING HELD SEPTEMBER 27, 1937 Selectman Charles E. Ferguson moves to take up Article 27. Mr. Donald E. Nickerson of the Planning Board offering the following: VOTED: That the Town amend the Lexington Zoning By-Law as follows :- �. By changing under Section 3. (b) , C.1 Districts, paragraph 11, which now reads : "On the easterly side of Bedford Street the property known as the Carbarn prop- erty, extending from Bedford Street to the Railroad property, and on the westerly side of Bedford Street extending southerly from a point opposite the northerly boundary of the Carbarn property to Reed Street and of a depthof 100 feet from thetwesterly line of Bedford Street.,, to read as follows :- 11. On the easterly side of Bedford Street begin- ning at a point on the northeasterly-side of Bedford Street said point being northwesterly and distant 145 feet from the southeasterly terminus of a curve of radius 816.4 feet and extending southeasterly along Bedford Street for a distance of 285 feet and extend- ing in depth to the Boston & Maine Railroad and on the westerly side of Bedford Street beginning at a point on the southwesterly side of Bedford Street said point being northwesterly and distant 154 feet from a stone bound marking the southeasterly terminus of a curve of radius 866.4 feet and extending southeasterly along Bedford Street to the northeasterly side line of Reed Street and of a depth of 100 feet from the adjacent side line of Bedford Street. Planning Board presents report. Carried Unanimous 10:02 P.M. Lexington, Mass . October 18, 1937 James J. Carroll, Town Clerk of the Town of Lexington, Mass. , do hereby certify that the above is a true and exact copy of Article 27 as passed at a special town meeting held September 27, 1937, and as same appears of record. James J. Carroll Town Clerk Bos ton, Mass. , November 9, 1937. The within amendment to zoning by-law is hereby approved. Paul A. Dever ._ Attorney General. R 375 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 the Cary Memorial Building, in said Lexington, on monday, the twentieth day of December, 1937, at 8:00 P. M. , then and there to act on the following articles : Article 1. To receive the report of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 2:. To see if the Town will vote to appropriate and transfer sums from available funds to the following accounts Public Welfare Removal of snow and Ice Law Department - Personal Cervices & Special Fees Law Department - Expenses Health Department Expenses School Maintenance, Other Expenses Highway Maintenance - Personal Services Soldier's Relief Police Department - Expenses Article 3. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects, and provide funds therefor by transfer from available funds. Article 4. To see if the Town will vote to appropriate money to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages of superintendence on public works for which the Town has power to appropriate money to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work, and provide funds therefor by transfer from available funds. Article 5. To see if the Town will vote to pay any unpaid bills for prior years of the various town departments, and provide money therefor by appropriation and transfer from available funds. Article 6. To see if the Town will _authorize the Selectmen to install street lights in the following unaccepted streets : Valleyfield Street; Preston Road. Article 7. To see if the Town will vote to appropriate and transfer money from avai able funds for the installation of a water main not less then 6" and not more than 16' in diameter in Raymond Street, from Muzzey Street to Clarke Street. Article 8. To see if the Town will vote to authorize the Select- men to install a sewer in Pollen Road from Smith Avenue a distance [7 of approximately 460 feet, subject to the assessment of better- ments, and provide funds therefor by appropriation and transfer from available funds . Article 9. To see if the Town will vote to install underground cable for the Fire Department and pay for the same by appropria- tion and transfer from available funds . Article 10. To see if the Town will vote to place under the management of the School Committee the property purchased from Harriette W. Smith under the provisions of Article 44 of the Annual Town Meeting held in 1937. X76 Article 11. To see if the Town will amend the votes passed under Article 43 of the Warrant for the Annual Town Meeting held in 1937 and Article 9 of the Warrant for the Special Town Meeting held September 27, 1937 by transferring from Available Funds an amount sufficient to meet the requirements of the statute to permit borrowing and decreasing the amount to be borrowed by the amount so transferred. Article 12. To see if the Town will authorize the Selectmen to settle the action brought by the late Edgar F. Scheibe and the Petition for assessment of damages brought by the University Trust Company against the Town, and to provide money for such settlement by transfer from other accounts. Article 13. To see if the Town will authorize the Selectmen to compromise and settle a claim against the Town of Theresa B. Cummings, and to provide money for such settlement by transfer from other accounts . Article 14. To see if the Town will establish a PlanningBoard under General Laws , Chapter 41, sec. 81A, as enacted by tatute 1936, Chapter 211, sec. 4, or act in any manner in relation thereto. Article 15. To see if the Town will accept the provisions of Sections 81F, 81 G, 81 H, 811, and 81 J of Chapter 41 of the General Laws, as enacted by Statute 1936, Chapter 211, Section 4, or act in any manner in relation thereto. Article 16. To see if the Town will provide for a Board of Appeals under General Laws, Chapter 41, Section 81 I, as enacted by Statute 1936 Chapter 211, Section 4 by amending the General By-laws of the 'down by adding a paragraph to that effect to Article XXVI, or act in any manner in relation thereto. Article 17. To see if the Town will vote to release a portion of Lot C on plan hereinafter" referred to from certain restrictions or rights acquired in an agreement given by Daniel J. O'Connell to the Town of Lexington, Warren E. Russell of said Lexington and James J. Walsh and Lucy D. Walsh of said Lexington dated January 27 1937 and recorded in Middlesex South District Registry of Deeds, Book 6106., Page 179 which reads as follows: namely: that so long as any automobile filling station is maintained on any part of my land in the said Lexington bounded by Woburn Street, Fletcher Avenue and the Boston. & Maine Railroad, that portion of the said land which is shown as Lots A and C on a plan of land in Lexington dated September 15, 1932 by E. N. Montague, C.E., shall be used only for the purposes for which from time to time land in an R.1 District under the Zoning By-Laws of the said Lexington may be used, and the remainder of the said land shall be used only for one retail gasoline, oil and greas- ing station and sale and installation of tires and other automobile accessories and for the purposes for which from time to time land in an R.1 District under the Zoning 137_ Law of the said Lexington may be used. In order to permit the use, in connection with Lot B and for the purposes for which said Lot B is to be used as set forth in said agreement, of a portion of Lot C described as follows : Beginning at a stake on the northerly side of Woburn Street at the dividing line of Lots B and C on said plan, thence along said line 51.62 feet to an iron bar as shown on said plan, thence turning and running through a portion of Lot C 53.37 feet to the northerly line of Woburn Street, thence turning and running westerly 21.32 feet to the point of beginning and containing 546 square feet. Article 18. To see if the Town will vote to accept a deed of a parcel of land for highway purposes at the corner of Woburn Street and Fletcher Avenue, Lexington, Massachusetts from Daniel J. O'Connell, said land being bounded and described as follows : 377 Beginning at a point in the northerly sideline of Woburn Street, said point being easterly and distant 27 .32 feet from the intersection of the northerly sideline of Woburn Street with the southeasterly sideline of Fletcher Avenue, thence westerly along the northerly sideline of Woburn Street distant 27.32 feet to said intersection, thence northeasterly along the southeasterly sideline of Fletcher Avenue distant 27.32 feet to a point of tangency, thence turning to the right and bearing to the left on a curve of 20.00 feet radius distant 37.54 feet to the point of beginning containing 171 square feet, all as shown on a plan entitled Plan of Land in Lexington, Mass. , dated Sept. 16, 1932, by E. N. Montague, C.E. 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 Tow Clerk, on or before the time of said meeting. Given under our hands at Lexington, this seventh day of December, A. D. , 1937 . Charles E. Ferguson Archibald H. Giroux SELECTMEN Albert A. Ross OF William G. Potter LEXINGTON December 11, 1937 . To the Town. Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailinga printed copy of the same to every registered voter in the own eight days before the time of said meeting. Attest: Patrick J. Maguire ___ Constable of Lexington. ecT.p3 SPECIAL MEETING OF TOWN MEETING MEMBERS HELD IN ESTABROOK HALL, DECEMBER 20, 1937. Meeting called to order at 8:05 P.M. by the Town Clerk, James J. Carroll, who explained purpose of meeting was to elect two Town Meeting Members to fill two vacancies, one for vacancy of Neil H. Borden, term expiring March 1940, and one for vacancy of James G. Robertson, term ending in March 1939. Harold B. Needham was elected as Chairman and Leigh V. Farnham was elected as Clerk to serve for the meeting. Nominations were made from the floor, nomination of George I] W. Bone of 4 Watson Road made and seconded for the term ending in March 1940. Nomination of Alphonso B. West of 33 Oak Street made and withdrawn. On a vote taken on George W. Bone, which was unanimous, he was declared elected for the term ending in-March 1940. The nomination of Alphonso B. West was made and seconded for the term ending in March 1939. On a vote taken. on Alphonso B. West, which was unanimous, he was declared elected for term ending in March 1939. Motion made and seconded meeting adjourned. Unanimous 8:10 P.M. Leigh V. Farnham Clerk Lexington, Mass. December 20, 1937 To the Town Clerk. I, George W. Bones -of 4 Watson Road, do hereby accept my election as a Town Meeting Member of Precinct One, term ending March 1940. George W. Bone Lexington, Mass. Dece aber 20, 1937 To the Town. Clerk. I, Alphonso B. West, of 33 Oak Street, do hereby accept my election as a Town Meeting Member of Precinct One, term ending March 1939. Alphonso B. West 1 r /. Lexington, Mass . , December 15.,. 1937 1 REPORT OF THE APPROPRIATION COMMITTEE 1 The Appropriation Committee makes the following report withrefer= j ence to the Articl=es contained in the Town Warrant dated December 7, 1 1937 calling for a special Town .,:seting to be held December 20, 1937. ;1 -=� ARTICLE 1. To receive the report of any Board of Town Officers or of any Committee of the Town and to ap-p.oint other Committees . The Appropriation Committee makes no recommendation , . under this Article. J ARTICLE 2. To see if the Town will -vote to appropriate and transfer sums from available funds to the following accounts. -7 Public Welfare c Removal of Snow & Ice :Law Departthent - Personal Services & - Spe ci al Fees , Law Department - Expenses. Health Department - Expenses School Maintenance, Other Expenses Highway Maintenance - Personal Services Soldiert s Relief ' Police Department - Expenses The Appropriation Committee recommends that under this Article appropriations be made and amounts be transferred from Excess and Defi- ciency account as follow : , For Public Welfare 4,500.00 // For Snow Removal 3,000.00 For Law Department - Personal Services & Special Fees 750.00 For Law Department - Expenses 250.00 _ For Health Department - Expenses 850.00 Y* 'or Highway Maintenance - Personal Services - 100.00 For Police Department - Expenses 300.00 The Appropriation Committee further recommends, w that under this: Article an appropriation be made ,i and an amount transferred from School Maintenance Personal Services Account as follows : School Maintenance Other Expenses 41200.00 , It will be noted that no recommendation is being made for an appropriation for of S diems Relief. This is due to the fact 1 that the Appropriation Committee has made a transfer from the -A Reserve Fund of ,13750.00 for this purpose and therefore no 1 further appropriation will be- required. r K: With reference to the recommendation of an appropriation for 'i` a further sumof money4or Public Welfare Aid & Expenses the r following comparative figures as given in the Appropriation -': Committee Report for the special Town Meeting held September 27, ,1937 are again repeated with reference to the expenditures 5 and receipts for Public Welfare for the years 1932 - 1936 inclusive. g T Year Expenditures Receipts 1 `! \, 1932 05,300.86 $ 7,040.78 1933 53,233.45 19;222.94 • 4 t 1934 49,075.90 29,953.76 1935 59,578.42 20,090.87 1936 71,450,24 19,494.94 For the year 1937. the expenditures for. Public Welfare and Aid to Dependent Children to December 1, 1937 are - 2 - 873,967.81 and-up to the same date the receipts for Public Welfare and Atd to Dependent Children are p8,861. 63 . The figures as given it will be noted are combined with refer- ence to Public Welfare and Aid to Depend-rt Children. This dombination of figures is necessary for the season that up to the year 1937, Aid to Dependent Childre- vas known as Mothers Aid and wan included in the reguThr Public Welfare appropriation. The Appropriation Committee again wishes to state that these receipts are estimated at the time the tax rate is determined and to the extent of the estimate the re- ceipts serve to reduce the tax rate in that particular year. Any receipts in excess of the estimate serve to offset over- estimates of receipts for other departments or at the end of the year go to the Excess and Deficiency Account. Therefore, it can not be contended that the entire receipts of the Pub- lic Welfare Department directly apply to a reduction of the gross cost. The only exception to this general rule is where receipts come in from Federal Grants to apply to Aid to Dependent Children and in this case the receipts are set up in a special Trust Account and are used for expenditures under the same classification. With reference to the recommended appropriation of a further sum of money for Highway Maintenance Personal Services, the Appropriation Committee wishes to state that this additional money involves a request of the Board of Selectmen to increase the salary for the Superintendent of Highways, William C. Paxton, Jr. from $2300.00 per annum or approximately $44.00' per week to ,360.00 per week, or at the rate of approximately $3120.00 per annum, beginning November 15, 1937 in order to retain his services against an offer from outside sources. The Board of Selectmen requested a transfer from the Reserve Fund which was considered by the Appropriation Committee at a meeting held November 9, 1937 but it was felt by the Com- mittee that no deviation should be made from the salary set at the annual meeting without directly referring the matter to the Town Meeting for determination. ARTICLE 3. To see if the Town will vote to appropriate fonds for labor, and materials on public works and for other expenses in con- nection therewith, to be expended by the Selectmen for aid to per.. sons employed on various projects, and provide funds therefor by transfer from available funds. The Appropriation Committee recommends that under this Article the sum of $ 750.00 be appropriated and that this amount be transferred from the Excess and Deficiency Account. This appropriation is necessary to provide funds for the con- tinuation of projects until the annual Town Meeting tobe held in 1938. With further reference to this appropriation it may be stated that in 1936 the amount expended for materials and other expenses on public works projects was $12,519.76. For the period January 1 to November 30, 1937 the amount which has been expended for the same purpose is $15,338. 87. ARTICLE 4. To see if the Town will vote to appropriate money to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages of superintendence on public works for which the Town has power to appropriate money to be desig- nated by the Selectmen, in which works recipients of public welfare aid from the Town may be required to work, and to provide funds therefor by transfer from available funds. The Appropriation Committee makes no recommenda- tion under this Article for the reason that the Board of Selectmen have informed the Committee that a motion will be presented to indefinitely postpone action. 2 - 3 - 1 ARTICLE 5. To see if the Town will vote to pay any unpaid bills for prior years of the various town departments, and provide money there- for by appropriation and transfer from available funds. The Appropriation Committee recommends that- under this Article an appropriation be made and that an amount be transferred from the Excess and Defici- ency Account as follows : For Health Department - pricr year bills. 4210.00 The Appropriation Committee further recommends that under this Article an appropriation be made and that an amount be transferred from the Water Main- tenance Expense Account as follows : For Water Department - prior year bills 078.33 ARTICLE 6. To see if the Town wili' authorize the Selectmen to install street lights in the following unaccepted streets : Valleyfield Street; , Preston Road. The Appropriation Committee makes no recommendation under this Article. ARTICLE 7. To see if the Town will vote to appropriate and transfer money from available funds for the installation of a water main not less that 6" and not more that 16" in diameter in Raymond Street, from .Muzzey Street to Clarke Street. The Appropriation Committee recommends that under this Article the surf of $2400.00 be appropriated and that this amount be transferred from the Water Maintenance Expense Account. ARTICLE 8. To see if the Town will vote to authorize the Selectmen to install a sewer in Follen Road from Smith Avenue a distance of ap- proximately 460 feet, subject to the assessment of betterments, and provide funds therefor by appropriation and transfer from available funds. The Appropriation Committee recommends that under this Article the sum of $2300.00 be appropriated and that this amount be transferred from the Sewer Assess- ment Fund. ARTICLE 9. To see if the Town will vote to install underground cable for the Fire 'Department and pay for the same by appropriation and trans. 5° fer from available funds. The Appropriation Committee recommends that under this Article the sum of $500.00 be appropriated and that this amount be transferred from the Excess and Deficiency Account. This appropriation is required for the installation of under- ground cable for the Fire Department on Massachusetts. Avenue from Elm Avenue to a point approximately 100 feet west of Forest Street. The Appropriation Committee is informed that the Boston Edison Company and the New England Telephone and Telegraph Company have both agreed to remove their overhead wires in, this locality and if this is done the only overhead wires remaining will be those wires belonging to the Fire Department for which reason it has been deemed advisable to approve the appropriation to take care of the removal of these overhead wires after the electric light and telephone wires have been removed. - 4 - ARTICLE 10. To see if the Town will vote to place under the manage- ment of the School Committee the property purchased from Harriette W. Smith under the provisions of Article 44 of the Annual Town Meet- ing held in 1937. The Appropriation Conmmittee makes no recom- mendation under this Article. ARTICLE 11. To see if the Town will amend the votes passed under Article 43 of the warrant for the Annual Town Meeting held in 1937 and Article 9 of the Warrant for the Special Town Meeting held Sep tember 27, 1937 by transferring from Available Funds an amount suf- ficient to meet the requirements of the statute to permit borrowing and decreasing the amount to be borrowed by the amount so transferred. A The Appropriation Committee recommends that under this Article the further sum of 42 000.00 be appropriated and that this amount be trans- ferred from the Excess and Deficiency Account. The Appropriation Committee further recommends that the authorization for a bond issue bd dei- creased from $24,000.00. to $22,000.00 to offset the 42,000.00 to be taken from the Excess and Deficiency Account. With reference to this matter it_may be stated that at the Annual Town Meeting held in March, 1937 under Article 43 the sum of 425,000.00 was appropriated for the purchase of the. so-called $arnesF=pro:Perty. This money was Provided by „ in lu4 ng $2,.160.00 in the; taxalevy of r,the'"current year, _ 41; 840.00 was transferred` from the" Sale of Real Estate, Fund and an issue of bonds or notes for a period of five years was authorized in the amount of $21,000.00. At the Special Town -Meeting held September 27, 1937 under Article 9 a `further ' sum of'":$4,000.00 was appropriated and ,. -..this money_.was provided by transferring 01,000.00 from the a e of Real "Estate 'Fund" and _incre^sin,g the, authorization far a borrowing from 321,000.00 to ;X24,000.00. " ' Under 'th e 'provisions of_ section " ,h chapter 44 -of the General Laws it is required that rnold^n -shallr:be -authorized less a sum equal to $0`.25 on each one thousand donors` 'of the a.- sessed, valuation of the QTowra,for the preceding year has been approprtated froni;,.Avaiilablle e nue Funds :or ,vo,ted to be r a s e b - 'tax 'ri"T -Y e' purposes s forth iri`= he- under which the,loan %s_ authorjze4, Tn order_to"`provide the sum equal to 0.25on-each o4€-thousand dollars o"f:;the as�- sessed valuctiori_f`or the ;'preceding."year"it was; ;necessary that an appropriation be -made :f rom wthe...tax "`levy of `"the`;current year or by,.a .,transfer `of' ,.va izab1e Revenue Funds of approxi- mately` $5590.00. It was believed that th"is° requirement had been met by the appropriation of ", 2160.00 from the tax levy Of _the .current year,. by the _,transfer of $1.840.,00 from.; the Saleof'`.Real :Estate Fund and by the appropriation froth the tax levy of the current year of ; 150000`.for_.the "purchase of the land in.North Lexington"from" arriette W. Sm th. However, when the Town-notes were,presented to . the Director of .Accounts f Of "Gert]ficatijn, _the. Director held"that:.the: ' transfer from the Sale of ;'Real _Estate Fund did not constitute a transfer from. 'Ilvailable Revenue Funds" . ' "Furthernoro the Director held that because' the lurid purchased from"Harriette W. Smith was acquired. for "Scho.ol P.laygrour d, ;and. Park purposes" that the sum of 4.1500.00 appropriated .for that purpose could not be used d 7 7 - - 5 - in computing the ,:0.25 on each one thousand dollars of the assessed valuation in connection with the purchase of the Barnes property. The Director so held for the reason that under the provisions of section 7, chapter 45 of the general laws it is provided that "Land taken for or held as a park under this chapter shall be forever kept open and maintained as a public park,--" The Director maintained that if this Smith land was placed under the management of the School Con,- mittee that then the land would be acquired under the same clause as the Barnes property and that then the appropriation of . 1500.00 for the purchase of the Smith land could be used against the ,:60.25 on each one thousand dollars of the assessed valuation in connection with the purchase of the Barnes pro- perty. Accordingly, if the Town now acts favorably on Article 10 and places the Smith land under the management of the School Committee, the provisions of the statute will be met with refer- ence to the borrowing on the Barnes property in the following manner: Appropriation from current gear tax levy for the purchase of the Smith land - 4,500.00 Appropriation and transfer from Excess and Deficiency Account for Purchase of Barnes property 2,000.00 Appropriation from current year tax levy for the purchase of the Barnes property 2,160.00 It will be observed that there is no change whatsoever in the matter of the purchase price of the Barnes property which re- mains at 29,000.00. This is now being provided in the follow- ing manner; From Current Year Tax Levy 2,160. 00 From Excess & Deficiency 2,000.00 From Sale of Real Estate Fund 2, 840.00 From Bond Issue 22,000.00 Total 290000.00 ARTICLE T2. To see if the Town will authorize the Selectmen to settle the action brought by the late Edgar F. Scheibe and the petition for assessment of damages brought by the University Trust Company against the Totn, and to provide money for such settlement by trnnsfer from other accounts . The Appropriation Committee recommends that under this Article the sum of "H;200.00 be appropriated and that this amount be transferred from the Excess and Deficiency Account. ARTICLE 13 . To see if the Town will authorize the Selectmen to com- promise and settle a claim against the Town of Theresa B. Cummings , and to provide money for such settlement by transfer from other accounts. The Appropriation Committee recommends that under this Article the sum of 200.00 be appropriated and that this amount be transferred from the Excess and Deficiency Account. ARTICLE 14 - 18 inclusive Inasmuch as these ,Articles relate to the Planning Board, r - k - 6 - _ ‘ . _ the Board of Appeals and amendments to the Lexington Zoning By-Laws and do not involve the appropriation of money, the Appropriation Committee makes no recommendations thereunder. Excess and Deficiency Account The Appropriation Committee begs to make the following report with reference to the Excess and Deficiency Account: Amount of Excess & Deficiency Dec. 1, 193761,543.22 Unpaid Real Estate Taxes Dec. 1, 1937 Levy of 1935 1, 679.95 1 Levy of 1936 41,597.51 43,277.46 J 1 Available , Funds December 1, 1937 ',48,265.76 i - Approved for transfer at Town Meeting December 20, 1937 - i ARTICLE 2. ____ , Public Welfare 4,500.00 , Snow Removal 3,000.00 Law Dept. - Persdnal Services & Special Fees 750.00 Law Dept. - Expenses 25000 Health Dept. - Expenses 85000 i Highway Maintenance - Personal Services 100.00 Police Dept. - Expenses 300.00 1 ii ARTICLE 3. a Labor, Materials & Other Expenses on Public Works Projects 3,750.00 _ ARTICLE 5. Health Dept. - Prior Year Bills 210.00 ARTICLE 9. Fire Dept. Underground Cable 500.00 1 ARTICLE 11. Barnes Property Purchase 2,000.00 ARTICLE 12. Scheibe Settlement 200.00 ARTICLE 13. Cummings Settlement 200.00 16,610.00 Balance - - - - - - - - - - - - - Sewer Assessment Fund ' On December 1, 1937 the amount in the Sewer Assessment Fund was 42,474.64. Under Article 8 an appropriation and transfer from this fund is recommended in the amount of $2,300.00. Respectfully submitted, , /s/ Allen W. Rucker Chairman /s/ Edward W. Sibley /s/ Louis F. Yeager /8/ George M. Hynes /s/ Robert J. Fawcett /s/ Richard W. Maynard /s/ Winthrop H. Bowker /s/ Alphonso B. West /s/ Robert C. Merriam /s/ James H. Russell Secretary APPROPRIATION COMMITTEE OF THE TOWN OF LEXINGTON 379 SPECIAL TOWN MEETING HELD DECEMBER 20, 1937 Called to order by the Moderator at 8:10 P.M. There were 124 Town Meeting Members present. The Town Clerk, James J. Carroll, read the warrant for the meeting under motion made- and seconded further reading be waived. Unanimous 8:11 P.M. The Town Clerk, James J. Carroll, read the Constable's return of' the warrant for; the meeting. Selectman Charles E. Ferguson moves to take up Article One. 8:12 P.M. Under article 1, Allen W• Rucker, Chairman of the Appropriation Committee, presented the Appropriation Committee's report for the meeting, moving that same be accepted and placed on file. Unanimous 8:13 P.M. !` I 380 Selectman Charles E. Ferguson moves to take up Article 2, presenting the following: Art. 2. VOTED: That the following amounts be appropriated and transferred from the Excess & Deficiency Account: Public Welfare $4,500.00 Carried Unan. 8:14 P.M. Removal of Snow & Ice 3,000.00 Carried Unan. 8:14 P.M. Law Department-Personal Services & Special Fees 750.00 Carried Unan. 8:14 P.M. Law Department - Expenses 250.00 Carried Unan. 8:14 P.M. Health Department - Expenses 850.00 Carried Unan. 8:14 P.M. Highway Maintenance-Personal Services 100.00 Carried Unan. 8:14 P.M. -- Police Department - Expenses 300.00 Carried Unan. 8:14 P.M. Randall B. Houghton., Chairman of the School Committee, offered the following: That the town appropriate and transfer $11200. from School Maintenance, Personal" Services to School Main- tenance, Other Expenses. Carried Unanimous 8:17 P.M. Selectman Charles E. Ferguson moves to take up Article 3, r1 offering the following:� s- .Art. 3. VOTED: That the sum of $3,750.00 be appropriated for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects, and for this purpose this amount be transferred from the Excess & Deficiency Account. Carried Unanimous 8:18 P.M. Selectman Charles E. Ferguson moves to take up Article 4, as follows : Art. 4. VOTED: That this article be indefinitely postponed. Carried Unanimous 8:19 P.M. Selectman Charles E. Ferguson moves to take up Article 5, offering the following: Art. 5. VOTED: That the Town appropriate money to pay the following unpaid bills, and for that purpose transfer funds from the Excess and Deficiency Account : For prior year bills of the Health Department, $210.00 Carried Unanimous 8:19 P.M. and that the Town appropriate money to pay the following unpaid bills, and for that purpose transfer funds from the Water Maintenance Expenses Account: For prior year bills of the Water Department, $78.33. Carried Unanimous 8:19 P.M. Selectman Charles E. Ferguson moves to take up Article 6, offering the following: Art. 6. VOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets : Valleyfield Street; Preston Road. Carried Unanimous 8:20 P.M. Selectman Charles E. Ferguson moves to take up Article 7, offering the following: 381 Art, 7. VOTED: That the Selectmen be authorized to install a water main not less than 6" and not more than 16`f in diameter in Raymond Street, from Muzzey Street to Clarke Street, and for the purpose of said installation the sum of 0,400.00 be appropriated and transferred from the Water Maintenance - Expenses Account. Carried Unanimous 8:21 P.M. Selectman Charles E. Ferguson moves to take up Article 8, offering the following= Art. 8. VOTED: That the Town authorize the Selectmen to install a sewer in Follen Road from Smith Avenue a distance of approximately 460 feet, subject to the assessment of betterments, and for that purpose the sum of $2,300.00 be appropriated and transferred from the Sewer Assessment Fund_ . Declared Carried'Unanimous 8 :25 P.M. Mr. Ernest Cutter reads letter protesting the passing of the Article. The Moderator states the Article already voted upon, but the right for reconsideration was in order. Motion made'by Mr. Ernest Cutter, that Article 8 be reconsid- ered, same seconded and carried unanimously at 8:29 P.M. General discussion by several speakers. ,Letter read by Selectman Charles E. Ferguson from State Depart- ment of Health regarding the situation. Motion by Mr. Eugene T. Buckley, which was seconded, that main - - motion be indefinitely postponed. Main motion declared indefinitely postponed at 8:45 P.M. Selectman Charles E. Ferguson moves to take up Article 9, offering the following: Art. 9. VOTED: That the sum of $500.00 be appropriated and trans- ferred from the Excess and Deficiency Account for the in- stallation of underground cable for the Fire Department in Massachusetts Avenue from Elm Avenue to a point approx- imately 100 feet west of Forest Street. Question by Mr. George W. Sarano if sufficient money for a good job. Explanation by Selectman Charles E. Ferguson. Motion as presented carried unanimously at 8:47 P.M. Selectman Charles E. Ferguson moves to take up Article 101 offering the following: Art.10. VOTED: That the Town place under the management of the School Committee the property purchased from Harriette r— W. Smith under the provisions of Article 44 of the war- rant for the Annual Town Meeting held in 1937 . Carried Unanimous 8:48 P.M. Selectman Charles E. Ferguson moves to take up Article 11, offering the following: Art. 11. VOTED: To amend the votes passed under Article 43 of the Warrant for the Annual Town Meeting held in 1937 and Article 9 of the Warrant for the special Town Meeting held September 27, 1937 to read as follows : 3J2 To raise and appropriate $29,000.00 for the Aurchase of the real estate numbered 1557 Massachusetts " venue, Lexington, adjoiningthe Cary Memorial Hall, formerly owned by the late illiam L. Barnes, for Town Hall and other municipal buildings;: and to meet said appropriation, 82,160.00 be included in"the tax levy of the current year, $2,000.00 te transferred from the Excess and Deficiency Account, 2,840.00 from the Sale of Real Estate Fund, and that the Treasure-r, with the approval of the Selectmen, be, and_hereby is, authorized to borrow 822,000.00, payable under the provisions of Chapter 44 of the General Laws in not more than five years. Carried Unanimous 8:=50 P.M. Selectman Charles E. Ferguson moves to take up Article 12. Town Counsel, S. R. Wrightington, offered the following: Art. 12. VOTED: That the Selectmen be authorized to compromise and settle an action of tort brought by the late Edgar F. Scheibe and two petitions for assessment of damAges brought by the University Trust Company, mortgagee, against the Town in the Middlesex County Superior Court arising out of the relocation of Lincoln Street, and that for that purpose the sum of 200. be appro- priated and transferred from the Excess and Deficiency Account. Carried Unanimous 8:52 P.M. Selectman Charles E. Ferguson moves to take up Article 13. Town Counsel., S. R. Wrightington, offered the following: Art. 13. VOTED;. That the Selectmen be authorized to compromise and settle a claim for damages for trespass and a claim for damages as a result of a taking by eminent domain of Theresa B. Cummings against the Town arising out of the widening and relocation of Browns Brook, and that for that purpose the sum of 8200. be appro- priated and transferred from the Excess and Deficiency Account. . Carried Unanimo'ds 8:54 P.M. Selectman Charles E. Ferguson moves to take rp Article 14 as follows : Art. 14. VOTED: That this article be indefinitely postponed. Carried Unanimous 8=55 P.M. Selectman Charles E. Ferguson moves to take up Article 15, offering the following: Art. 15. VOTED: That the Town accept the provisions of sections 81F, 81G, 81H, 811 and 81J of Chapter 41 of the General Laws as enacted by Statute 1936, Chapter 211, section 4. General discussion from many speakers, for and opposed to the Article. The Moderator asks for a rising vote on the question. In Favor Tellers Opposed _ 16 Howard E. Custance 12 19 Leland H, Emery 36 14 Randall B. Houghton 16 - 49 64 Declared lost 9:46 P.M. 383 Motion made by Alien W. Rucker, Chairman of the Appropriation Committee, as follows That the Moderator appoint a Committee of seven to study the situation outlined in Article 15, viewed to accomplish the purposes sought by the Board of Selectmen and the Planning Board without impairingthe rights of the Town meeting, and to present the Acts of the oard of Selectmen or Board of Survey under the sections named in Article 15. Above motion amended by Allen , Rucker to include all sections of Articles 14, 15 & 16. Explanations by Town Counsel, S. R. Wrightington. Motion made by Eugene T. Buckley meeting proceed under Article One. Duly seconded and Carried Unanimous 9155 P.M. Explanations by William E. Bennett, Chairman of Committee on report on the meaning of the 1936 Act Relative to Planning. Boards.' Moderator Robert H. Holt suggests following motion, to simplify motion of Allen W. Rucker. That a Committee of seven be appointed to study the sections under Chapter 211, Acts of 1936 of the General Laws, and make report to the Town Meeting. Leland H. Emery asks at what Town Meeting report would be pre- sented. Answered by the Moderator, next Annual Town Meeting in March 1938. Edward W. Kimball, Chairman of the Planning Board, speaks opposing the appointment of another Committee. Motion so presented by the Moderator put to a voice vote and declared lost 1.0:02 P.M. Selectman Charles E. Ferguson moves to take up Article 16, makes a motion that Article 16 be indefinitely postponed. Indefinite postponement Carried Unanimous. 10:03 P.M. Selectman Charles E. Ferguson moves to take up Article 17 and 18 together. Dr. Clarence Shannon presented the following motion: Art. 17. Voted: That, the Town release a portion of Lot C on plan hereinafter referred to from certain restrictions or rights acquired in an agreement given by Daniel J. O'Connell to the Town of Lexing- ton Warren E. Russell of said Lexington and James J. Walsh and Lucy D. Walsh of said Lexington dated January 27, 1937 and recorded in Middlesex South District Registry of Deeds, Book 6106, Page 179 which reads as follows : namely: that so long as any automobile filling station is maintained on any part of my land in the said Lexington bounded by Woburn Street, Fletcher Avenue and the Boston & Maine Railroad, that portion of the said land whichis shown as Lots A and C on a plan of land in Lexington dated September 15, 1932 by E. N. Montague, r— C. E. , shall be used only for the purposes for which from time to time land in an R-1 District under the Zoning By-Laws of the said Lexington may be used, and the remainder of the said land shall be used for one retail gasoline, oil and greasing station and sale and installation of tires and other automobile accessories and for the purpose for which from time to time land in an R.1 District under the Zoning By-Laws of the said Lexington may be used. In order to permit the use, in connection with Lot B and for the purposes for which said Lot B is to be used as set forth in said agreement, of a portion of Lot C described as follows : Begin- ning at a stake on the northerly side of Woburn Street at the dividing line of Lots B and C on said plan, thence along said line 3E4 51.62 feet to an iron bar as shown on said plan, thence turning and running through a portion of Lot C 53.37 feet to the north- - erly line of Woburn Street, thence turning and running westerly 21.32 feet to the point of beginning and containing 546 square feet, and that a majority of the Selectmen be and they hereby are authorized to execute and deliver and the Town Treasurer to countersign a release to Daniel J. O'Connell of said restrictions or rights in the form submitted to the meeting and the. signatures of said officers shall be sufficient to identify the said release referred to in this vote for all Purposes. Mr. Paul W. Dempsey states the various articles wouldbe clearer if more detailed explanations given. Explanations by Mr. Daniel J. O 'Connell and Edward W. Kimball. Mr. Daniel J. O'Connell asks for permission to address the Town Meetincr Members. Permission granted. Motion as read Carried Unanimous 10:15 P.M. Under Article 18 Dr. Clarence Shannon offered the following motion: Article 18. Voted:' That the Town accept a deed of a parcelof land for highway purposes at the corner of Woburn Street and Fletcher Avenue, Lexington, Massachusetts from Daniel J. O'Connell, said land being bounded and described as follows : Beginning at a point in the northerly sideline of Woburn Street, said point being easterly and distant 27 .32 feet from the intersection of the northerly sideline of Woburn Street with the southeasterly sideline of Fletcher Avenue, thence westerly along the northerly sideline of r ° Woburn Street distant 27.32 feet to said intersection, thence northeasterly along the southeasterly sideline of Fletcher Avenue distant 27.32 feet to a point of tangency, thence turning to the right and bearing to the left on a curve of 20.00 feet radius distant 37.54 feet to the point of beginning, containing 171 square feet, all as shown on a plan entitled Plan of Land in Lexington, Mass. , dated Sept. 16, 1932, by E.U. Montague, C.E. Motion as presented, Carried Unanimous 10:16 P.M. Selectman Archibald R. Giroux moves to take up Article 1, presenting the following: If ,the question should be brought up- again or not, concerning the Planning Board under the Acts of 1936. George %. Sarano answers yes - it should be. Carried Unanimous 10:22 P.M. Motion to adjourn seconded and carried Unanimous 10-:23 P. .M. A true record. Attest: /// Town erk 385 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 r— their respective voting places in said town, PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, THREE AND FOUR, CARY MEMORIAL HALL, on MONDAY, THE SEVENTH DAY OF MARCH, A, 3), 1938, at six o' clock, A. M,, then and there to act on the follow- ing articles: Article 1, To choose by ballot the following town officers : One Town Clerk for the term of one year; Two Selectmen for the term of three years; One Town Treasurer for the term of one year; One Collector of Taxes for the term of one year; One Cemetery Commissioner for the term of three years; One Member of the School Committee for the term of three years; One Moderator for the term of one year; One Member of the Trustees of Public Trusts for the term of six years; Two Members of the Planning Board for the term of three years; One Member of the Planning Board for the term of one year; Two Constables for the term of one year; _ Seventeen Town Meeting Members in each Precinct for the term of three years; One Town Meeting Member in Precinct Two for the term of two years; One Town Meeting Member in Precinct Three for the term of one year; -- You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-first day of March, 1938 at 8 :00 P.M. at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members, in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 3. To choose such Town Officers as are required by law and are usually chosen by nomination. Article 4, To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1939, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accord- ance with Section 17, Chapter 44, General Laws, Article 5, To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1938, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1938. Article 6, To see if the Town will make the usual appropri- ations for Town expenses for the ensuing year, by direct appropri- ation or by transfer from available funds, or by a combination of the two methods, or act in any manner in relation thereto. Article 7, To see if the Town will vote to transfer unex- pended appropriation balances in any of the accounts to the Excess and Deficiency Account, or take any other action in relation there- to. 386 Article 8, To see if the Town will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax titles. Article 9, To see if the Town will vote to appropriate a stem of money for the Reserve Fund as provided by Chapter 40, Section 6, General Laws, or act in any manner in relation thereto. Article 10. To sea if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1938. Article 11, To see if the Town will vote to transfer the sum of $1453,47 received from Middlesex County for dog fees to the Cary I] Memorial Library Account. Article 12. To see if the Town will make an appropriation for the suppression of Gypsy and Brown Tail moths, and other pests, in accordance with Chapter 132, General Laws, or act in any manner in relation thereto. Article 13, To see if the Town will vote to appropriate a sum sufficient to pay the County of Middlesex, as required by law, the Town' s share of the net cost of the care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, as assessed in accordance with the provisions of Chapter 111 of the General Laws, and Acts in amendment thereof and in addition thereto, or take any action in relation thereto. Article 14, Tosee what action the town will take to meet the assessment of $8,230,94 heretofore made on it for the purpose of paying its share of the cost of making alterations and con- structing additions in and to the Middlesex County Tuberculosis Hospital under Chapter 417 of the Acts of 1935, as amended by Chapter 205 of the Acts of 1937; to see whether the town will vote to appropriate all or any portion of said assessment and to raise the amount so appropriated in whole or in part in this year' s tax levy or to transfer such amount in whole or in part from any available funds; to see whether the town will vote to appropriate all or any portion of said assessment and to borrow the amount so appropriated on bonds or notes of the town; to see whether the town will elect that all or any portion of said assessment shall be funded through the issue of bonds or notes of the County of Middle- sex as authorized by said Chapter 417, as amended; in case the town shall elect to fund under said Chapter 417, to see whether the town will elect that the assessments to be hereafter made upon it on account of any such funding loan shall be payable by it over the maximum permitted term of fifteen years or over a lesser period; to see whether the town will vote to direct the Town Clerk to file with the Middlesex County Commissioners promptly, and in any event not later than April 15, 1938, an election to fund all or any portion of the assessment already made upon it as aforesaid; and to take any action in connection with the matters contained in this article. Article 15. To see if the Town will vote to appropriate money to pay the necessary expenses of School Officers incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the School Department. Article 16. To see if the Town will vote to appropriate money to pay the necessary expenses of the Superintendent of the Water and Sewer Department incurred outside of the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the Water and Sewer Department. Article 17. To see if the Town will vote to appropriate money to pay the necessary expenses of the Chief of the Fire Department incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the Fire Department. 387 Article 18. To see if the Town will vote to appropriate funds for the payment of pensions to retired members of the Police and Fire Departments, under Chapter 32, General Laws, or act in any manner in relation thereto. Article 19. To see if the Town will vote to install water mains in such accepted or unaccepted streets as may be applied for during the year 1938 in accordance with authority contained in the By-laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 20. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1938 in accordance with St. 1897, Ch. 504, as amend- ed, or otherwise, and to take by eminent domain any necessary ease- ments therefor, and to pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town, Article 21. To see if the Town will vote to appropriate funds for the disposal of surface drainage by the construction of drains or conduits and for that purpose to take lands or easements by -anent Domain as follows : Right of Way to Mill Brook opposite Sylvia Street; Massachusetts Avenue, from Taft Avenue easterly. Article 22. To see if the Town will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws, Article 23. To see if the Town will vote to raise and appro- priate a sum of money for the improvement of Bedford Street; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; and to be raised by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 24. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Taft Avenue, from Massachusetts Avenue a distance of approximately 1037 feet south- westerly, and pay for the same in whole or in part by direct appro- priation, by transfer from available funds or by the issue of notes or bonds of the town. Article 25. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Cherry Street, from Taft Avenue a distance of approximately 193 feet westerly, and pay for the same in whole or in part by direct appropriation, by trans- fer from available funds or by the issue of bonds or notes of the Town. Article 26, To see if the Town will vote to establish as a town way or accept the layout of as a town. may, Cary Street, from Taft Avenue a distance of approximately 250 feet westerly, and pay for the same in whole or in part by direct appropriation, by trans- fer from available funds or by the issue of notes or bonds of the Town. Article 27. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for aid to persons employed on various projects. Article 28. To see if the Town will appropriate money to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages of superintendence on public works for which the Town has power to appropriate money to be des- ignated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work, or take any action in ref- erence thereto. 388 Article 29. To see if the Town mill vote to appropriate a sum of money for the improvement of the traffic control system in Lex- ington Center, or take any action in relation thereto. Article 30, To see if the Town will vote to appropriate a sum of money to defray the expenses of a police officer while attending the Federal Bureau of Investigation Training School at Washington, D. C. Article 31. To see if the Town will authorize the Selectmen . to install' street lights in the following unaccepted streets : Hayes Lane; Laconia Street. Article 32, To see if the Town will establish a Planning Board under General Laws, Chapter 41, Sec, 81A, as enacted by Stat- ute 1936, Chapter 211, sec. 4, or act in any manner in relation thereto. Article 33. To see if the Town will accept the provisions of Sections 81F, 81G, 81H, 81 I, and 81 J of Chapter 41 of the General Laws, as enacted by Statute 1936, Chapter 211, Section 4, or act in any manner in relation thereto. Article 34. To see if the Town mill provide for a Board of Appeals under General Laws, Chapter 41, Section 81 I, as enacted by Statute 1936, Chapter 211, Section 4 by amending the General By-laws of the Town by adding a paragraph to that effect to Article XXVI, or act in any mn.i er in relation thereto. Article 35. To receive the report of the Committee appointed to recommend to the Town whether it should increase the size of the present Burlington Street Park area and to see if the Town will-_ vote to purchase additional land adjoining the present Burlington Street Park area, and to provide the money for such purchase by direct appropriation or by the issue of notes of the town payable in accordance with law. Article 36. To see if the Town will vote to amend the Zoning By-Law by adopting the following amendments thereto or take any action thereon: By substituting for Section 6 thereof the following: Section 6. (a. ) In R.l and 11.2 Districts no dwelling shall be erected within the areas hereinafter defined, except upon a lot having a street frontage of not less than 100 feet, an area of not less than 12, 500 square feet, and having no other dwelling thereon. The first of said areas shall be bounded by the center line or intersection of center lines, of Summer Street commencing at the Arlington Line and continuing to Lowell Street thence in a straight line to the Brown' s Brook Culvert under the railroad right of way, thence along the railroad right of way to Woburn Street, along Woburn Street to Laconia Street, along Laconia Street to Ridge Road, thence in a straight line to the junction of Vine Street and Manley Court extended, thence in a straight line to the intersection of Hayes Lane and Grant Street, thence along Grant Street to Old Colony Road, along Old Colony Road to Woodland Road, along Woodland Road to Adams Street, along Adams Street to Hancock Street, along Hancock Street to Hancock Avenue, along Hancock Avenue to the railroad right of way, along the railroad right of way to Revere Street, along Revere Street to Hancock Street, along Hancock Street to Burlington Street, along Burlington Street to Grove Street, along Grove Street to Eaton Road extended, thence along Eaton Road. to +Lertwell Road, along Bertwell Road to Williams Road, along Williams Road to Bedford Street, along Bedford Street as far as the southeast boundary of the school property, thence along this boundary to Valley Road, along Valley Road to the railroad right of way, along the railroad right of way to Center Street, along Center Street to Ward Street, along Ward Street to Garfield Street, along Garfield Street to Locust Street, thence in a straight line to the intersection of Cedar Street and Freemont Street, thence along Freemont Street extended to Wood Street, along Wood Street to Massachusetts Avenue, along Massachusetts Avenue to Old County Road, thence in a straight line to the intersection of Roosevelt Road and Wilson Road, along Wilson Road to Marret Road, along Marrett Road to Lincoln Street, along 389 Lincoln Street to Weston Street, along Weston Street to Shade Street, along Shade Street to Spring Street, along Spring Street to Marrett Road, along Marrett Road to Waltham Street, along Waltham Street to Vine Brook Road, along Vine Brook Road. to Win- throp Road, along Winthrop Road to Highland Avenue, along Highland Avenue to Pelham Road, along Pelham Road to Massachusetts Avenue, along Massachusetts Avenue to Marrett Road, along Marrett Road to Follen Road, along Follen Road to Pinewood Street, along Pinewood Street to Summit Road, along Summit Road to Fern Street, along Fern Street to Pleasant Street, along Pleasant Street to Massachu- setts Avenue, along Massachusetts Avenue to Oak Street, along Oak Street to Carville Avenue, along Carville Avenue to Butler Avenue, r- along Butler Avenue extended to the Arlington Line, along the Arlington Line in a northeasterly direction to the point of begin- ning. The second of said areas shall consist of the lots, outside the first area, which front directly upon the said portions of said bounding streets. (b) in all other parts of the Town, outside the boundaries of the areas above described, no dwelling shall be erected except upon a lot having a street frontage of not less than 100 feet, an area of not less than 25, 000 square feet and having no other dwell- ing thereon. (c) On each side of each dwelling or other permitted main structure there shall be provided a side yard of not less than fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. (d) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would inter- sect, the frontage and area shall be computed as if such bounding lines were so extended. (e) Notwithstanding the foregoing provisions of this section, if adjacent lots, any of which has less area or frontage than re- quired by this section, are recorded by plan or deed as all in the same ownership at the time this by-law is adopted, and if (1) sub- stantial expenditures have been incurred, prior to that time, to= ward the improvement of these lots or approved ways giving access thereto, or toward utilities serving such lots, which improvements or utilities would be diminished in value in a substantial amount by a literal enforcement of the terms of this section, or if (2) adjoining areas have been, prior to that time, developed to a sub- stantial extent by the construction of houses on lote generally smaller than is prescribed by this section and the standard of the neighborhood so established does not reasonably require a subdivi- sion of the applicant' s land into lots as large as is hereby pre- scribed, then the owner of these lots may apply to the Board of Appeals for relief from the terms of this section as applying to - any of these lots, and the Board of Appeals may grant such relief by making special exceptions to the terms of this section, subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this by-law, where desirable relief may be granted without substantial detriment to the publicgoodand with- out substantially derogating from the intent or purpose of thie by- law. (f) And furthermore, notwithstanding the said foregoing pro- visions, one dwelling may be erected upon a lot containing less then the above required areas or frontages if such lot was duly .® recorded by plan or deed at the time of the adoption of this by-law, and did not at the time of such adoption adjoin other land of the same owner available for use in connection with such lot. Article 3'1. To see if the Town will vote to appropriate money to pay any-unpaid bills for prior years of the various town depart- ment s Article 38. To see if the Town will vote to raise and appro- priate a sum of money for the Contributory Retirement System estab- lished under the provisions of Chapter 318 of the Acts of 1936, or take any action in relation thereto. 390 Article 39, To see if the Town will vote to authorize the Selectmen to construct granolithic or bituminous coneftete sidewalks where the abutting owner pays one-half the cost, and provide funds for said construction by direct appropriation. Article 40. To see if the Town will vote to appropriate money for the replacement and installation of water mains not less than 6 inches and not 'more than sixteen inches in diameter in the following streets and in such other streets as the Selectmen may determine: Cottage Street, from Woburn Street to Woburn Street, a dis- tance of approximately 850 feet; East Street, from near Vine Brook to the Doran property, a -- distance of approximately 850 feet; and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 41, To see if the Town will vote to appropriate a sum of money for the installation of fire alarm boxes. Article 42.. To see if the-Town will vote to °appropriate a sum of money for the installation of underground cable and for the separ4tion of tapper and box circuits for the Fire Department. Article 43. To see if the Town will appropriate money for the installation of a drinking fountain at the North Lexington Playground, for the erection of a fence at the East Lexington Playground, and for the erection of a fence at the Center Play- ground, or take any action in relation thereto. Article 44, To see if the Town will vote to construct Charles Street from Massachusetts Avenue to Taft Avenue, a distance of approximately 800 feet, and pay for the same in whole or in part by direct appropriation, by transfer from available funds or by the issue of notes or bonds of the Town. Article 45. To see if the Town will vote to construct Hibbert Street from Massachusetts Avenue southwesterly, a dis- tance of approxinntely 230 feet, and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 46, To see if the Town will appropriate a sum of money for the Development of a Loam Supply. 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 bards at Lexington, this twenty-third day of February, A. D. , 1938. CHARLES E. FERGUSON WILLIAM G. POTTER SELECTMEN PHILIP M. CLARK OF ARCHIBALD R. GIROUX LEXINGTON ALBERT A. ROSS 31 February 28th, 1938 To the Town Clerk: I have notified the inhabitants of Lexington by posting print- ed copies of the foregoing Warrant in the Post Office, in the ves- tibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every regis- tered voter in the Town seven days before the time of said meeting. -- Attest: Patrick J. Maguire Constable of Lexington 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, quali- fied to vote in elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Monday, the 25th day of -- April, 1938, at eight o' clock P,M„ then and there to act on the following articles : Article 1, To see if the Town will vote to ratify the execution by the Selectmen of a contract, contingent upon ratification by the Town, with Charles W. Ryder, Charles W. Ryder and Robert L. Ryder as Trustees of the Lexington Estates Trust, and Robert L. Ryder as Trustees of the Lexington Real Estate Trust dated October 26, 1937, a copy of which is now on file with the Selectmen and open to pub- lic inspection, or take any other action with respect to the said contract. Article 2. To see if the Town will adopt any or all of the recom- mendations of the Vine Brook Drainage Committee which report was received by the Town at its meeting held September 27, 1937. Article 3, To see if the Town will authorize the execution by the Selectmen of a contract for the execution of drainage improvements in and adjacent to Vine Brook for the purpose of carrying out any or all of the recommendations of the Vine Brook Drainage Committee contained in the report of that committee received by the Town at its meeting of September 27, 1937 and authorize the taking by emi- nent domain of any lands or easements in lands for the purpose of carrying out any of the said recommendations, and will make an r- appropriation therefor, and meet the said appropriation by direct assessment or by the issue `of bonds or notes of the Town payable as provided by law. Article 4. To see if the Town will authorize the Selectmen to compromise actions now pending against the Town brought by Charles W. Ryder, and Charles W. Ryder and Robert L. Ryder -as Trustees of the Lexington Estates Trust and Robert L. Ryder as Trustee of Lex- ington Real Estate Trust, and actions brought by the Town against them, as provided in an agreement, conditioned upon ratification by the Town, between the Selectmen and the said Ryders dated October 26, 1937, a copy of which is now on file with the Board of Selectmen and open to public inspection, and appropriate money therefor, and meet the said appropriation by direct assessment, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with law, or will authorize the Treasurer under the provisions of Chapter 49 of the Acts of 1933, as amended, to borrow against tax titles from the Commonwealth of Massachusetts an amount necessary to meet said appropriation, payment of the said sum of money and execution of the said settle- ment to be subject to such conditions, if any, with respect to performance by the said Ryders in accordance with the said agree- ment, as may be imposed by the Town. 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 23rd day of Febru- ary, A.D., 1938. CHARLES E. FERGUSON SELECTMEN PHILIP M. CLARK ARCHIBALD R. GIROUX OF WILLIAM G. POTTER ALBERT A. ROSS LEXINGTON February 28th, 1938. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest : - PATRICK J. MAGUIRE Constable of Lexington. 393 ANNUAL TOWN MEETING March 7, 1938 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the seventh in the year of our Lord nineteen hundred and thirty-eight at six o' clock in the forenoon„ The following places were designated as the voting places for — the various precincts : Precinct One, Adams School; Precinct Two, Three and Four, Cary Memorial Hall, The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows : Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Bartlett J. Harrington Inspector Lucius Austin Frank Lambert Inspector Randall Richards Mary E. Stankard Clerk John H. Dacey Mary A. Rowland Teller Jesse Condinho Donald Cameron Teller William S. Bramhall Harld MaoGilvray Teller Arthur L. Hanson George F. Stygles Teller Edward McGrory Frank J. Clare Teller Elizabeth Nourse Helen Dolan Teller Madeline J. Corbett L. Ellsworth Pierce Teller Mary E. Manley Arthur W. Hughes Teller Edward B. O'Connor Precinct Three Precinct Four Hiram W. Jackson Warden Howard Custance — Lillian S. Tullar Inspector William E. Mulliken Charles E. Moloy, Jr. Inspector Daniel A. Gorman John McKearney Clerk Frank Maguire John Corcoran Teller James J. Waldron Maurice Woodward Teller Mary J. Ferry Samuel Wellington Teller Charles P. McEnroe Emma Hovey Teller A, Thomas Ferry John J. McCormack Teller Robert L. Lowe Henry Meade Teller Agnes Hall Esther Graham Teller Robert Cady Victor Harmon Teller Madeline Peterson The polls were declared open in each precinct at six o' clock A.M. and remained open until eight o' clock P.M. , after which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as fol- lows : Precinct One 1373 One thousand three hundred and seventy-three Precinct Two 1193 One thousand one hundred and ninety-three Precinct Three 1220 One thousand two hundred and twenty Precinct Four 1264 One thousand two hundred and sixty-four Total 5050 Five thousand and fifty The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. 1 01 x The Registrars of Voters and. the Town Clerk canvassed the result as follows : Precinct One Ballots Cast 634 bcHnndred and thirty-four Precinct Two Ballots Cast 523 Five Hundred and twenty-three Precinct Three Ballots Cast 570 Five Hundred and seventy Precinct Four Ballots Cast 543 Five Hundred and forty-three Total 2270 Two Thousand two hundred and seventy Town Clerk Pre, 1 Pre, 2 Pro, 3 Pre. 4 Total James J. Carroll 523 449 494 448 1914 Blanks 111 74 76 95 356 Total 634 523 570 543 2270 James J. Carroll was elected as Town Clerk for one year. Selectmen John F. Canessa 159 22 31 43 255 George R. Fuller 143 182 249 239 813 Gilliam G. Potter 458 382 412 419 1671 '`A, Edward Rowse 316 336 325 267 1244 Blanks 192 124 123 118 557 Total 1268 1046 1140 1086 4540 *William G. Potter and A. Edward Rowse were elected as Selectmen for three years. Town Treasurer James J. Carroll 546 470 510 479 2005 Blpr Irs 88 53 60 64 265 Total 634 523 570 543 2270 James J. Carroll was elected as Town Treasurer for one year. Collector of Taxes William S. Scanan 529 470 506 490 1995 Blanks 105 53 64 53 275 Total 634 523 570 543 2270 William S. Seaman was elected as Collertor of Taxes for one year. Cemetery Commissioner for Three Years Edwaral Wood 473 454 480 445 1852 Blanks 161 69 90 98 418 Total 634 523 578 543 2270 Edward Wood was elected as Cemetery Commissioner for three years. — School Committee *Randall B; Houghton 454 436 480 446 1816 Randall Soderberg D 1 0 0 1 Blanks 180 86 90 97 453 Total 634 523 570 543 2270 *Randall B. Houghton was elected to the School Committee for three years, 395 Constables - Pre,l Pre,2 Pre,3 Pre, 4 Total Patrick J. Maguire 474 444 484 462 1864 *John C. Russell 504 439 472 429 1844 Blanks 290 163 184 195 832 Total 1268 1046 1140 1086 4540 *Patrick J. Maguire and John C. Russell were elected Constables for one year. Moderator Robert H. Holt 449 435 466 436 1786 Blanks 185 88 104 107 484 Total 634 523 570 543 2270 Robert H. Holt was elected Moderator for one year. Trustee of Public Trusts Clarence S. Walker 442 423 449 433 1747 Blanks 192 100 121 110 523 Total 634 523 570 543 2270 Clarence S. Walker was elected a Trustee of Public Trusts for six years. Planning Board. for Three years 'Tester F. Ellis 424 423 434 402 1683 *Clements H. Ferguson 433 417 447 400 1697 Blanks 411 206 259 284 1160 Total 1268 1046 1140 1086 4540 *Lester F. Ellis and Clements H. Ferguson were elected to the Planning Board for three years, Planning Board for One Year William Roger Greeley 432 416 443 416 1707 Blanks 202 107 127 127 563 Total 634 523 570 543 2270 William Roger Greeley was elected to the Planning Board for one year, Town Meeting Members For Three Years Precinct One Precinct Two *Rudolph F. Carlson 344 *Tracy W. Ames 370 *John D. Collins 321 *George W. Butters 377 *Frank A. Cook, Jr, 327 `Harold C. Denham 373 *William F. Covil 278 *Charles B. Ferguson 386 _" *J, Henry Duffy 318 `Robert W. Fernald 363 `Leigh V. Farnham 314 `Arthur L. Graves 365 *George E. Foster 354 `Stephen F. Hamblin 373 Malcolm R. Fuller 323 *Arthur W. Hatch 364 David H. Govenar 213 *Arthur F. Hutchinson 352 `Carl B. Jones 280 *Edwin W. Hutchinson 349 *Walter Longbottom 359 *Edward W. Kimball 373 *Clarence E. MacThee 328 *Laurits A. Lauritzen 351 Charles F. Mitchell 237 *Ernest A. Lindstrom 358 Anselm C. Mullen 202 *Donald B. Love 364 `George W. Nary 377 *Dana Thurber Norris 369 *Albert G. Ross 309 *Francis H. Ready 388 `Robert L. Ryder 288 *Edward W. Sibley 362 *Charles H, Schofield 380 Blanks 2654 Clayton J. Sullivan 236 *rank J. Thompson 290 *Town Meeting Members elected for dwrd L Tyler lans 368 438 the term of three years, 396 cp Town Meeting Member for Two Years Precinct Two James J. Walsh 407 Blanks 116 Total 523 James J. Walsh was elected Town Meeting Member for two years. Town Meeting Member for One Year Precinct ThreeII George E. Graves 414 Blanks 156 Total 570 George E. Graves was elected Town Meeting Member for one year. Town Meeting Members For Three Years Precinct Three Precinct Four *Eugene T. Buckley 302 *Earl S. Archibald 348 *Guy S. Chace 367 *Winfield S. Caon.ette 280 Cornelius P. Cronin 214 `Edward L. Child 323 *Roswell S. Eldridge 359 *Charles T. Cogswell 298 `Leland H. Emery 373 *James V. Cosgrove 357 *George R. Fuller 375 `J, Everett Cumming 284 *Charles 0, Goodwin 359 *H. Raymond Durling 290 `Hazen W. Hamlin 315 *Carl Hauck 300 *Clarence R. Hopkins 347 *Norton T. Hood 324 *Frank P. Jones 347 Alfred Kargaard 242 `Moses M. Low 324 *John Lamont 339 Clifford M. Martin 278 `Jasper A. Lane 295 `Howard M. Munroe 330 Clinrles McDevitt 246 -- Allen W. Rucker 281 *Thomas A. Napoli 272 *Walter E. Sands 331 *Fred C. Newhall 396 *Frederick J. Spencer 354 William R. Rosenberger 216 Peter H. Stevens 257 *George W. Sarano 292 *Rupert H. Stevens 390 `Gordon Elliot Slater 304 *Matthew Stevenson 357 *Alfred P. Tropeano 254 `Gerald C. Turner 307 *John S. Valentine 273 *Harvey F. Winlock 363 Helen C. Whittemore 249 Blanks 2760 Blanks 3050 A true record. Attest : ---1,-.2 Or,•,- el_...e .0 " ' _ Town . erk = ,---, 397 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 irl,abitants of the Town of Lexington, qualified to vote in elections and in town affairs, to meet in the Cary Memor- __ ial Building, in said Lexington, on Monday, the 25th day of April, 1938, at eight o' clock P,M„ then and there to act on the following articles : Article 1, To see if the Town will vote to ratify the execution by the Selectmen of a contract, contingent upon ratification by the Town, with Charles W. Ryder, Charles W. Ryder and Robert L. Ryder as Trustees of the Lexington Estates Trust, and Robert L. Ryder as Trustee of the Lexington Real Estate Trust dated October 26, 1937, a copy of which is now on file with the Selectmen and open to public inspection, or take any other action with respect to the said contract. Article 2. To see if the Town will adopt any or all of the recom- mendations of the Vine Brook Drainage Committee which report was received by the Town at its meeting held September 27, 1937. Article 3, To see if the Town will authorize the execution by the Selectmen of a contract for the execution of drainage improvements in and adjacent to Vine Brook for the purpose of carrying out any or all of the recommendations of the Vine Brook Drainage Committee contained in the report of that committee received by the Town at its meeting of September 27, 1937 and authorize the taking by eminent domain of any lands or easements in lands for the purpose of carrying out any of the said recommendations, and will make an appropriation therefor, and meet the said appropriation by direct r— assessment or by the issue of bonds or notes of the Town payable as provided by law. Article 4, To see if the Town will authorize the Selectmen to compromise actions now pending against the Town brought by Charles W. Ryder, and Charles W. Ryder and Robert L. Ryder as Trustees of the Lexington Estates Trust and Robert L. Ryder as Trustee of Lex- ington Real Estate Trust, and actions brought by the Town against them, as provided in an agreement, conditioned upon ratification by the Town, between the Selectmen and the said Ryders dated October 26, 1937, a copy of which is now on file with the Board of Selectmen and open to public inspection, and appropriate money therefor, and meet the said appropriation by direct assessment, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with law, or will authorize the Treasurer under the provisions of Chapter 49 of the Acts of 1933, as amended, to borrow against tax titles from the Commonwealth of Massachusetts an amount necessary to meet said appropriation, pay- ment of the said sum of money and execution of the said settlement to be subject to such conditions, if any, with respect to perform- ance by the said Ryders in accordance with the said agreement, as may be imposed by the Town, 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. 398 Given under our hands at Lexington, this 23rd day of February, A. Df , 1938. CHARLES E. FERGUSON SELECTMEN PHILIP M. CLARK ARCHIBALD R. GIROUX OF WILLIAM G. POTTER ALBERT A. ROSS LEXINGTON February 28th, 1938, To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. -- Attest :Attest : Patrick J. Maguire Constable of Lexington. TORT 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, quali- fied to vote in elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Monday, the twenty-first day of March, 1938, at 8 :00 PAM. , then and there to act on the follow- ing articles : toestablish as a town way 1, To see if the Town will vote or accept the layout of as a town way, Taft Avenue, from Massachu- setts Avenue a distance of approximately 1037 feet southwesterly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 18, 1938, and to take by eminent domain the necessary ease- ments therefor, and pay for the same in whole or in part by diredt appropriation, by transfer from available funds or by the issue of notes or bonds of the town; or act in any manner relating thereto. 399 Article 2, To see if the Town will vote to establish as a town way or accept the layout of as a town. way, Cherry Street, from Taft Avenue a distance of approximately 193 feet westerly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated Febru- ary 28, 1938, and to take by eminent domain the necessary easements therefor, and pay for the same in whole or in part by direct appro- priation, by transfer from available funds or by the issue of bonds or notes of the Town; or act in any manner relating thereto. Article 3, To see if the Town will vote to establish as a town way or accept the layout of as a town, Cary Street, from Taft Avenue a distance of approximately 250 feet westerly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 18, 1938, and to take by eminent domain thenecessary easements therefor, and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town; or act in any manner relating 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 Clerk, on or before the time of said meeting. Given under our hands at Lexington, this seventh day of March, A. D. , 1933. CHARLES E. FERGUSON SELECTMEN ARCHIBALD R. GIi4OUX - ALBERT A. ROSS OF WILLIALG. POTTER LEXINGTON March 14, 1938. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the -same to every registered voter in the Town nine days before the time of said meet- ing. Attest : John C. Russell Constable of Lexington. 4Q FIRST ADJOURNED TOWN MEETING OF THE ANNUAL TOWN MEETING NITJ,D MONDAY, LARCH 21, 1938 The meeting was called to order at 8 :12 P.M. by the Moderator, Robert H. Holt. There were 193 Town Meeting Members present. The Town Clerk, James J. Carroll, read the warrant for a Special Town Meeting to be held March 21, 1938 until upon motion, duly seconded and voted, further reading of the warrant was waived. The Town Clerk read the Constable' s return of the warrant. _- Selectman Archibald R. Giroux moves to take up Article 2, offering the following: Article 2. Voted: That a conmittee of three be appointed, of which the Moderator shall be a member, to have charge of the Cary Lectures for the next lecture season. Carried Unanimous 8 :16 P.M. Selectman Archibald R. Giroux asks permission for John W. Raymond, Jr, to have a seat in the meeting, Supt. of Public Works, Permission granted. Allen W. Rucker, Chairman of the Appropriation Cornmittee, presents report of the Appropriation Committee with remarks con- cerning same. Selectman Archibald R. Giroux eXpresses the opinion of the Board of Selectmen regarding various items in the Appropriation Committee' s report. Motion made by Allen W. Rucker, Chairman of the Appropriation Committee, that report as presented be accepted and placed on file. Carried Unanimous 8 :28 P.M. -- Selectman Archibald R. Giroux moves to take up Article 3, making a motion that Article 3 be indefinitely postponed. Carried Unanimous 8 :29 P.M. Selectman Archibald R. Giroux moves to take up Article 4, offering the following: Article 4. Voted: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1939, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Carried Unanimous 8 :29 P.M. Selectman Archibald R. Giroux moves to take up Article 5, offering the following: Article 5. Voted: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1938, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1938. Carried Unanimous 8 :30 P.M. 401 Selectman Archibald. R. Giroux moves to take up Article 6, offering each item- individually, and voted in manner, as follows : Appropriation Cormittee . Personal Services $335.00 Expenses 585.00 Carried Unanimous 8 :34 P.M. Selectmen' s Department - Personal Services 3046.34 Expenses 2411.00 - ` Allen W. Rucker, Chairman of the Appropriation Committee, offers the following amendment that Personal Services be reduced from §3,046,34 to read $2,96.7.34. Amendment as presented carried 8 :35 P.M. The Moderator presented the following, under Select- men' s Department : Personal Services 2967.34 Expenses 2011.00 As presented by the Moderator, carried 8 :35 P.M. Accounting Department Personal Services 4400,00 Expenses 350.00 Carried Unanimous 8 :35 P.M. Treasurer' s Department Personal Services (including salary of Treasurer, $1,000.00) 1392,00 Expenses Carried Unanimous 8 :35 P,TuT435.25 , Other Finance Offices and Accounts Expenses 200,00 Carried Unanimous 8 :35 P,M, Collector' s Department Personal Services (including salary of Collector, Expenses $2850.00) 5030.00 3620.00 Carried Unanimous 8 :35 P, f. ' Assessor' s Department Personal Services 5327.00 Expenses 725.00 Carried Unanimous 8 :35 P.M. i Law Department Personal Services and Special Fees 2850.00 Expenses 500,00 Carried Unanimous 8 :35 P.M. Town Clerk' s Department. Personal Services (including salary of Town Clerk, Expenses X1800,00) 2192.00 180,00 Carried Unanimous 8 :35 P.M. Elections- Expenses 1610.00 Carried Unanimous 8 :35 P.M. Registration of Voters Personal Services 300.04 Expenses 416,00 Carried Unanimous 8 :36 P.M. 402 tz Public Works - Superintendent' s Office Personal Services $55.95,00 Expenses 305.00 Amendment offered by Allen W. Rucker, Chairman of the Appropriation Committee, as follows : Personal Services be reduced from 05, 595,00 to read $5,495,00. Amendment as presented carried 8 :40 P.M. The Moderator presented the following under Public Works - Superintendent' s Office : Personal Services 5495,00 Expenses 305.00 As presented by the Moderator, carried 8 :40 P;M, Town Offices & Cary Memorial Building Personal Services 3261.00 Expenses 6825.00 Selectman A. Edward Rowse offers the following amendment : That Expenses be reduced to read $5$25,00. Amendment as presented put to a vote. The Moderator states unable to make a decision by voice vote, calling for standing vote, which resulted as follows : To reduce original figure from $6,825,00 to $5,825,00. In Favor Tellers O .posed 20 George W. Sarano 19 57 Walter E. Sands 50 11- - Eugene G. Kraetzer 19 88 88 The result being a tie vote, the Moderator declared the amendment lost - 8 :50 P.M. The Moderator presented the following: Town Offices & Cary =emmorial Building Personal Services 3261,00 Expenses 6825.00 Carried 8 :50 P.M. Engineering Department Personal Services 12873.54 (Of which $1300.00 is to be transferred from the Vine Brook Engineering Account, and $11, 573.54 is to be raised from the revenue of the current year. ) Expenses 850.00 Carried Unanimous 8 :53 P.M. Planning Board Expenses 250.00 Carried Unanimous 8 :53 P.M. Board of Appeals Expenses 200.00 Carried Unanimous 8 :53 P.M. Police Department Personal Services 37403.82 Expenses 3700.00 Carried Unanimous 8 :54 P.M. Fire Department Personal Services 36262.25 Expenses 6953.75 Carried Unanimous 8 :54 P.M. 403 Building Department Personal Services 41100,00 Expenses 120.00 Carried Unanimous 8 :54 P.M. Wire Department Personal Services 600,00 Expenses 100.00 Carried Unanimous 8 :54 P.M. -- Weights & Measures Department Personal Services 500.00 Expenses 100.00 Allen W. Rucker, Chairman of the Appropriation Com- mittee, offers amendment, the amount of expenses be re- duced from 4100.00 to 450.00. Amendment carried - 8 :57 P.M. The Moderator offers the following: Weights and Measures Department Personal Services 500,00 Expenses 50,00 Carried 8 :58 P.M. Shade Trees Wages & Expenses 3365.00 Allen W. Rucker, Crairrnan of the Appropriation Com- mittee, offers amendment as follows : Amount of wages & expenses be reduced from 43,365.00 to 42,450.00. Amendment Carried 9 :00 P.M. The Moderator offers the following: --• Shade Trees Wages and Expenses 2450.00 Carried 9 :01 P.M. Forest Fires Personal Services 200,00 Wages & Expenses 1200.00 Carried Unanimous 9 :01 P.M. Dog Officer Personal Services 100,00 Carried Unanimous 9 :01 P.M. Health Department Personal Services 500.00 Expenses 5500.00 Carried Unanimous 9 :01 P.M, Dog Clinic Expenses 350,00 Carried Unanimous 9 :01 P.M. Dental Clinic Personal Services 1750.00 Expenses 100,00 Carried Unanimous 9 :01 P.M, Posture Clinic ' Expenses 625,00 Carried. Unanimous 9 :01 P.M, Vital Statistics Expenses 50,00 Carried Unanimous 9 :01 P.M. Animal Inspection Personal Services 500,00 Carried Unanimous 9 :02 P.M. 4104 Slaughtering Inspection Personal Services $800,00 Carried Unanimous 9 :02 P.M. Plumbing Inspection Personal Services 800,00 Expenses 85.00 Carried Unanimous 9 :02 P.M. Sewer Maintenance Personal Services - 1105.75 Wages & Expenses 4710.00 (Of which 41600.00 is to be transferred from the Sewer Assessment Fund, and 43110,00 is to be raised from the revenue of the current year) , Carried Unanimous 9 :03 P.M. Sewer Services Wages & Expenses 1550,00 Carried Unanimous 9 :03 P.M. Care of Dumps & Removal of Ashes Expenses 1900.00 Carried Unanimous 9 :03 P.M. Garbage Collection Expenses 4205.00 Carried Unanimous 9 :03 P.M. Highway Maintenance Personal Services 5416.00 Wages & Expenses 42210.00 Allen W. Rucker, Chairman of the Appropriation Com- mittee, offers the following amenhment : That the amount of $42, 210,00 for wages and expenses be reduced to $36,000.00. Amendment carried 9 :05 P.M. The Moderator presents the following: Highway Maintenance Personal Services 5416.00 Wages & Expenses 36000.00 Carried 9:06 P.M. Snow Removal Wages & Expenses 18000,00 Carried Unanimous 9 :06 P.M. Traffic Regulation & Control Wages & Expenses 1900,00 Carried Unanimous 9 :06 P.M. Street Lights Expenses 22840,00 Carried Unanimous 9 :06 P.M. Street Signs Wages & Expenses 550.00 Carried Unanimous 9 :07 P.M. Highway Department Road Machinery Account 7500,00 ._.. (Of which $7100.00 is to be transferred from the Road Machinery Fund and 400,00 is to be raised from the revenue of the current year. ) Carried 9 :09 P,M, 405 Public Welfare Personal Services *7995.00 Aid & Expenses 72905.00 Aid to Dependent Children Aid & Expenses 7000.00 Old Age Assistance Aid & Expenses 20000.00 The above voted separately end carried 9 :11 P.M. Town Physician Personal Services 750,00 Carried Unanimous 9 :12 P.M. State Aid. Cash Grants 500,00 Carried Unanimous 9 :13 P,M. Jiilitary Aid. Cash Grants 1000,00 Carried Unanimous 9 :14 P.M. Zoldieris Burials Expenses 100.00 Carried Unanimous 9 :14 P.M. Soldier' s Relief Aid & Expenses 6000.00 Carried. Unanimous 9 :14 P.M. Under School Maintenance, Randall B. Houghton, Chairman of School Committee, presented the following: VOTED,- That the sum of 4232, 534.46 be appropriated, and assessed for the support of the Public SChools for the current year of which 4192,680.56 is for Personal Services and $39,853.90 is for Other Expenses. - Carried Unanimous 9 :15 P.M. School Department .Americanization Classes Expenses Randall B. Houghton, Chairman of School Committee, offered the following: VOTED, That the sum of 4200.00 be appropriated and assessed for the maintenance of classes for instruction in Americanization. Carried 9 :15 P.M. School Department Vocational Tuition Expenses Randall B. Houghton, Chairman of School Committee, offered the following: VOTED, That the sum of 41,430.40 be appropriated and assessed for the payment of tuition of pupils attending Voca- tional School, Carried 9 :15 P.M. Cary Memorial Library and Branch The following offered by Randall B. Houghton: Voted: That the sum of 412, 381.53 be appropriated and assessed for the support of Cary Memorial Library and. Branch for the current year, of which 49,635.00 is for Personal Services, and 42, 746.53 for Other Expenses. Carried 9 :16 P.M. J 4.06 Parks & Playgrounds Personal Services 4,029,00 Wages & Expenses 10,000,.00 Allen W. Rucker, Chairman of Appropriation Coy'iittee, offers following amendment : That amount of personal ser- vices be reduced to 43,756,00. Amendment carried 9 :19 P.M. The Moderator offers the following: Parks & Playgrounds Personal Services 3,756,00 Wages & Expenses 10,000.00 -- Carried 9 :20 P,M, Memorial Day Expenses 250,00 Carried Unanimous 9 :20 P.M. Patriot' s Day Expenses 500.00 Carried Unanimous 9 :20 P.M. Administration of Trust Funds _ Expenses 70.00 Carried Unanimous 9 :20 P.M. Town Report. Expenses 1166.78 Carried Unanimous 9 :20 P,M, Public Works Building Wages & Expenses 8529,00 ,Alen W. Rucker, Chairman of Appropriation Com- mittee, offers following amendment : That amount for wages & expenses be reduced to 48,379,00. Amendment carried 9 :23 P,M, The Moderator presents the following: Public Works Building Wages & Expenses 8379.00 Carried 9 :23 P,M, Insurance 6640.00 Carried Unanimous 9 :23 P.M. Unclassified Expenses 300.00 Carried Unanimous 9 :23 P.M. Water Maintenance Personal Services 4246,01 Expenses 55300.00 And Further Voted: What the amount of receipts in excess of this appropriation and the appro- priation for Water Maintenance Replacements and Water Services shall be reserved to be appropri- ated for Water Department purposes. Discussion regarding that part of the vote, reading: And Further Voted:, etc. Decision by the Moderator, that part of the Article be left open, until later for further explanation, under Water Maintenance, 9 :30 P.M. Water Maintenance - Replacements Expenses 1250.00 Carried Unanimous 9 :31 P.M. 407 Water Services Wages & Expenses $5000.00 Carried Unanimous 9 :31 P.M. Cemetery Maintenance - Munroe Personal Services 250.00 Wages & Expenses 1911.80 Carried Unanimous 9 :31 P.M. Cemetery Maintenance - Westview Personal Services 450,00 Wages & Expenses 2800.80 (Of which 42,000,00 is to be transferred from the Westview Cemetery Sale of Lots Fund, and $800,80 is to be raised from the revenue of the current year. ) Carried Unanimous 9 :32 P.M. Interest on Debt Expenses 12,136.25 Carried Unanimous 9 :32 P.M. Maturing Debt 101,893,08 (Qf which 435, 000.00 is to be transferred from the Excess and Deficiency Account, and 466,893.08 is to be raised from the revenue of the current year) . Carried Unanimous 9 :32 P.M, • i Selectman Archibald R. Giroux moves to take up Article 7, offering the following: Article 7. Voted: That the following sums be transferred to the Excess and Deficiency Account : Highway Construction-Lincoln Street-1936 Contract 424.24 -- Highway Construction - Reed Street 2.04 Highway Construction-Watertown Street-1936Contract .08 Capt. Parker Monument Repairs 80,00 Town Meeting Map ,75 Public Works Building - Special Equipment 5.00 Highway Department - Curbing - Sundry Streets 35.35 Carried 9 :34 P.M. Selectman Archibald R, Giroux moves to take up Article 8, offering the following: Article 8, Voted: That the Board of Selectmen be authorized to sell and convey any of the real estate acquired by the Town by foreclosure of tax titles, upon such terms and conditions as they may approve. Carried 9 :35 P,M, Selectman Archibald R. Giroux states Article 9 to be acted upon later. Selectman Archibald R. Giroux moves to take up Article 10, ' offering the following: Article 10, Voted: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for r— an audit for the year 1938. Carried 9 :35 P.M, Selectman Archibald R. Giroux moves to take up Article ll, offering the following: Article 11. Voted: That the sum of 41453.47, this being the sum received from the Middlesex County for dog fees, be transferred to the Cary Memorial Library Expense Account, Carried 9 :36 P.M, 408 Selectman Archibald R. Giroux moves to take up Article 12, offering the following: Article 12. Voted: That the sum of $4745,00 be appropriated and assessed for the Suppression of Gypsy and Brown Tail Moths, and other pests, in accordance with Chapter 132, General Laws and amendments , to be expended as follows : Personal Services, 4300,00; Wages and Expenses, $3545,00; and New Equipment, $900.00, Allen W. Rucker, Chairman of Appropriation Committee, moves that vote be amended to read 42.729,00 be appropriated, to be made up as follows: Personal Services $300,00 Wages & Expenses 2429,00 with no appropriation for new equipment. Standing vote on amendment taken as follows : In Favor Tellers Opposed 19 George W. Saran° 18 53 Walter E. Sands 54 5 Eugene G. Kraetzer 29 77 101 Amendment lost 9:43 P.M. Original motion as originally presented by the Moderator, carried 9 :44 P.M. Selectman Archibald R, Giroux moves to take up Article 13, presenting the following: Article 13, Voted: That the sum of $5394,92, this being the Town' s share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, including interest an temporary notes issued therefor, be and the said sum is hereby appropriated. Carried 9:45 P.M, Selectman Archibald R. Giroux moves to take up Article 14, presenting the following: Article 14. WHE_EEAS the town has been assessed the sum of $8230,94 for its proportion pf the cost of making alterations and constructing additions in and to the Middlesex County Tuberculosis Hospital cinder Chapter 417 of the Acts of 1935, as amended by Chapter 205 of the Acts of 1937; NOW TH.:.EREFORE, BE IT VOTED: That the sum of $730.94 be and it hereby is appropriated for the purpose of paying in part the assessment made on the town for its proportion of the cost of making alterations in and to Middlesex I] County Tuberculosis Hospital under Chapter 417 of the Acts of 1935, as amended, and that said sum of $730,94 hereby appropriated be raised in this year' s tax levy; That the town hereby elects that 47590.00 of the assessment made on the town under Chapter 417 of the Acts of 1935, as amended, shall be funded through the issue of bonds or notes of the County of Middlesex, as authorized by said Chapter 417, as amended, and that the assessments to be here- after made upon the town on account of such funding loan shall be payable by it over a term of fifteen 409 years; and that the town clerk be and hereby is directed to file with the Middlesex County Commissioners promptly, and in any event not later than April 15, 1938, the election of the town to fund $7500,00 of its said assessment in the manner and for the term hereby voted, which election shall be evidenced by filing with said county Commissioners a certified copy of this vote; and that the town clerk is also directed to file with said County Commissioners a certified copy of the warrant for this town meeting, and of the return of service thereof, and any other papers requested by said County Commissioners, Carried Unanimous 9 :50 P,M, Selectman Archibald R. Giroux moves to take up Article 15. Randall B. Houghton moves Article 15 be indefinitely postponed. Carried 9 :50 P.M. Selectman Archibald R. Giroux moves Article 16 be indefinitely postponed. 9 :51 P.M. Selectman Archibald R. Giroux moves Article 17 be indefinitely postponed. 9 :52 P.M. Selectman Archibald R. Giroux moves to take up Article 18, offering the following: Article 18. Voted: That the following sums be appropriated and assessed for pensions for retired members of the Police and Fire Departments, under Chapter 32 of the General Laws and amendments : Fire Pensions $1107,81 Police Pensions 2220,00 Question by Eugene T. Buckley, under Police 'Pensions, what $2,220,00 represented, Answered by Selectman Archibald R. Giroux provision allowed for the retirement of the Chief of Police. Original vote as presented, carried 9 :53 P.M. offer*electing arald R. Giroux moves to take up Article 19. following: Article 19, Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1938 in accord- ance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $2500,00 be appropriated, this money to be provided by the transfer of $1400,00 from the Water Assessment Fund, and the transfer of $1100,00 from the Water Department Available Surplus Account, Carried 9 :53 P,M, Selectman Archibald R. Giroux moves to take up Article 40, offering the following: Article 40, Voted: That the Selectmen be authorized to install water mains not less than 6n and not more than 16" in diameter in the following streets : Cottage Street, from Woburn Street to Woburn Street, a distance of approximately 850 feet ; East Street, from near Vine Brook to the Doran prop- erty, a distance of approximately 850 feet ; and in such other streets as the Selectmen may deter- mine, and for this purpose the sum of $6600, be appro- riated, this money to be provided by the transfer of $6600,00 from the Water Department Available Surplus Account, Carried.9 :55 • 410 Selectman Archibald R. Giroux moves to take up Article 20, offering the following: Article 20. Voted: That the Selectmen be authorized to install - sewer mains in such accepted or unaccepted streets as may be applied for during the year 1938 in accord- ance with St. 1897, Ch, 504, as amended, or other- wise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $1,000, be appropriated and transferred from the Sewer Assessment Fund, Carried 9 :55 P.M. Selectmen Archibald R. Giroux states Article 21 to be acted upon later, Selectman Archibald R. Giroux moves to take up Article 22, offering the following: Article 22, Voted: That the sum of $3,000,00 be appropriated and assessed for highway maintenance; said sum, or any portion thereof to be expended under the direc- tion of the Selectmen and to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose, under Chapter 90 of the General Laws. Carried 9 :57 P.M. Selectman Archibald R. Giroux moves to take up Article 23, offering the following: Article 23. Voted: That the Town raise and appropriate the sum of $5,000,00 for the improvement of Bedford Street ; said sum or any portion thereof, to be expended under the direction of the Selectmen and to be used , in conjunction with any money which may be allotted by the State or County, or both, for this purpose, under Chapter 90 of the General Laws, U , A, Carried 10:00 P.M. Selectman Archibald R. Giroux states Articles 24, 25 and 26 to be acted upon later, Selectman Archibald R. Giroux moves to take up Article 44, offering the following: Article 44, Voted: That the Selectmen be authorized to construct Charles Street from Massachusetts Avenue to Taft Avenue, a distance of approximately 800 feet, and for the purpose of said construction the sum of $11,000,00 be appropriated and assessed. Declared lost. Decision doubted. Standing vote taken as follows : In Favor Tellers Opposed 14 George W. Sarano 17 70 Walter E. Sands 26 23 Eugene G. Kraetzer 6 107 49 Carried 10:12 P.M, Selectman Archibald R. Giroux moves to take up Article 45, offering the following : Article 45. Voted: That the Selectmen be authorized to con- ' stru ct Hibbert Street from Massachusetts Avenue southwesterly, a distance of approximately 230 feet , and for the purpose of said construction the sum of $600,00 be, appropriated and assessed. Carried/10:12 P.M. I.! ^ / ✓"�- ' t j _ 411 Selectman Archibald R, Giroux moves to take up Article 46, offering the following: • Article 46, Voted: That the sum of 41,000.00 be appropriated for the Development of a LOam Supply, said money to be expended under the direction of the Board of Selectmen, " ' Carried 10:21 P.M. Selectman Archibald R. Giroux moves to take up Article 39, offering the following: Article 39. Voted: That the Selectmen be authorized to construct granolithic or bitnminous concrete sidewalks where the abutting owner pays one-half the cost, and for the purpose of said construction the sum of 41,000.00 be appropriated and assessed. Carried 10 :22 P.M. Selectman Archibald R. Giroux moves to take up Article 27, offering the following: Article 27, Voted: That the sum of 420,000.00 be appropriated and assessed for labor and materials on public works and for other expenses in connection therewith, the same to be expended by the Selectmen for aid to persons employed on various projects, Allen W. Rucker, Chairman of Appropriation Committee, moves to amend the sum be 410, 000.00. General discussion. Motion to amend to 410,000.00 declared lost 30:47 P.M. 7— The Moderator presented original motion, as presented, de- clared carried 10:47 P.M. Art= 1:Hutchinson makes motion to take up Article 36, Motion lost 10:47 P.M. Motion made and seconded meeting be adjourned for one week, Monday, March 28, 1938, when uncompleted articles of both warrants will be considered and to be acted upon. Carried Unanimous 10:50 P.M. A True Record, Attest : Town _ - 412 MARCH 21, 1938 Special meeting of the Town Meeting Members of Precinct Two for the purpose of electing a Town Meeting Member to fill vacancy of term of Ashley W. Partridge, ending in March 1939. Meeting called to order at 7:50 P.M. by Town Clerk, James J. Carroll. There were twenty-seven Town Meeting Members present. James J. Carroll asked for nominations from the floor for a Chairman for the meeting. The name of James J. Carroll was presented, seconded, and duly declared elected. Nominations from the floor for a Clerk for the meeting. The name of Alan Adams Adams was presented, seconded and duly elected as clerk. Nominations from the floor were made for a Town Meeting Member, term ending March 1939 . The name of Mr. Kilgour nominated by Sydney R. Wrightington, Mr. Robert H. Eldridge states Mr. Kilgour not desirous of becoming Town Meeting Member at this time. Name of Mr. Kilgour withdrawn by Yr. Sydney R. Wrightington. Nomination made of Roy C . Peterson of 27 Blossom Street duly seconded. Nominations declared closed upon motion, and Roy C. Peterson declared elected by unanimous vote. Motion made, seconded and voted meeting be closed. Unan- mous 755 P.M. Alan W. Adams Clerk Lexington, Mass. March 22, 1938 To the Town Clerk: I, Roy C. Peterson, of 27 Blossom Street, do hereby accept my election as a Town Meeting Member of Precinct Two, term ending March 1939. Roy C. Peterson 413 MARCH 21, 1938 Special meeting of Town Meeting Members of Precinct Three, for the purpose of electing a Town Meeting Member to fill vacancy of term of Merle E. Judkins, ending in March 1940. Meeting called to order at 8:58 P.M. by Town Clerk, James J. Carroll. There were forty-three Town. Meeting Members present. James J. Carroll asked for nominations from the floor for a Chairman for the meeting. The name of James J. Carroll was presented, seconded and so voted to act as Chairman. Nominations from the floor for a Clerk for the meeting. The name of George M. Davis was presented, seconded and duly elected as Clerk. Nominations from the floor made and seconded of Clifford M. Martin,_6 Hillside Terrace, Norman A. Downs, 11 Edgewood Road. Moved nominations be closed and so voted. George M. Davis and Walter E. Sands served as tellers, passing out and collecting ballots for the election. The result of the ballots as counted by the tellers was: Clifford M. Martin 27 Norman. A. Downs 16 43 Clifford M. Martin being elected. - Moved, seconded and a unanimous vote meeting be closed. 8:05 P.M. George M. Davis Clerk Lexington, Mass. March 22, 1938 To the Town. Clerk: I, Clifford M, Martin, of 6 Hillside Terrace, do hereby accept my election as a Town Meeting Member of Precinct Three, term ending March 1940. Clifford M. Martin 414 3 SECOND ADJOURNED TOWN MEETING OF TEE ANNUAL TOWN X MEETING HELD MARCH 28, 1938 t Meeting called to order by the Moderator, Robert H. Holt, at 8:08 P.M. There were 173 Town Meeting Members present. Selectman Archibald R. Giroux moves to take up that part of Article 6, under "Water Maintenance, which had been left open at the meeting held March 21, 1938 . Town Counsel Sydney R. Wrightington explains under clause "And Further Voted" . Main motion presented by the Moderator. Water Maintenance Personal Services 04246.01 Expenses 55300.00 And Further Voted: That the amount of receipts in excess of this appropriation and the appropriation for Water Maintenance Replacements and Water Services shall be reserved to be appropriated for Water Depart- ment purposes. Carried Unanimous 8:12 P.M. Selectman ,Archibald R. "Giroux moves to take up Article 2, explaining how tax rate had been figured. Selectman Archibald R. Giroux moves to take up Article 9, offering the following: Article 9. Voted: That the sum of $6,098.91 be appropriated for the Reserve Fund as provided by °Chapter 40, Section 6, General Laws, of which 01,098.91 is to be transferred from the Water Construction, Shade Street Account, and $5,000 .00 is to be raised from the revenue of the current year. Allen W. Rucker, Chairman of the Appropriation Committee, moves the total amount be amended to read $11,098.91. Amendment put to a vote. Decision doubted by the Moderator, calling for a standing vote as follows: In Favor Tellers Opposed 18 Alan G. Adams 14 6 George P. Morey 61 30 Clements H. Ferguson 22 54 97 Amendment lost 8:22 P.M. Main motion as read, presented by Moderator and declared carried 8:23 P.M. Selectman Archibald R. Giroux moves to take up Article 28, offering the following: Article 28. Voted: That the sum of x$''1,000.00 be appropriated and assessed to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages for superintendence on public works for which the Town has power to appro- priate money to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work. 415 Allen W. Rucker, Chairman of the Appropriation Committee, states Appropriation Committee did not want to amend, but they did disapprove of the amount. Motion as presented carried 8:28 P.M. Selectman Archibald R. Giroux moves to take up Article 29, offering the following: Article 29. Voted: That the Selectmen be authorized to improve the traffic control system in Lexington Center and [— for this purpose the sum of 01242.00 be appropriated and assessed. Amount disapproved by Appropriation Committee. Amendment offered by Allen W. Rucker, Chairman of the Appropriation Committee, amount be reduced to 4550.00 Amendment as presented, carried 8:32 P.M. Motion presented by Moderator. Article 29. Voted: That the Selectmen be authorized to improve the traffic control system in Lexington Center and for this purpose the sum of $550.00 be appropriated and assessed. Carried 8:32 P.M. Selectman Archibald R. Giroux moves to take up Article 30, offering same be indefinitely postponed. Carried 8:33 P.M. Selectman Archibald R. Giroux moves to take up Article 31, offering the following: -- Article 31. Voted: That the Selectmen be authorized to install street lights in the following unaccepted streets: Hayes Lane; Laconia Street . Carried 8:34 P.M. Selectman Archibald R. Giroux moves to take up Article 37, offering the following: Article 37. Voted: That the Town appropriate money to pay the following unpaid bills for the year 1937: For Road Machinery 029.69 Town Offices & Cary Memorial Building 11.25 Traffic Regulation & Control 97.01 Carried 8:35 P.M. Selectman Archibald R. Giroux moves to take up Article 38, offering the following: Article 38. Voted: That the sum of $12,440.52 be appropriated for the Contributory Retirement System established under the provisions of Chapter 318 of the Acts of 1936, comprising the following items: Pension Accumulation Fund 411,660.00 Interest Deficiency on Funds 30.52 For Expense Fund 750.00 Carried 80.35 P.M. Selectman Archibald R. Giroux moves to take up Article 41, offering the following: Article 41. Voted: That the sum of $700. be appropriated and assessed for the installation of fire alarm boxes. Carried 8:36 P.M. 416 P Selectman Archibald R. Giroux moves to take up Article 42, offering the following: Article 42. Voted: That the sum of $3500. be appropriated and assessed for the separation of the tapper and box circuits of the Fire Dept. Carried 8:37 P.M. Selectman Archibald R. Giroux moves to take up Article 43, offering the following: Article 43. Voted: That the Selectmen be authorized to erect a fence at the East Lexington Playground along the _. northerly side for a distance of approximately 310 feet and on the westerly side for a distance of approximately 180 feet, and for this 'purpose the sum of $600.00 is hereby appropriated, And Further Voted: That the Selectmen be authorized to erect a fence at the Center Playground on the east- erly side for a distance of approximately 700 feet, and that for this purpose the sum of $900.00 is hereby appropriated. Allen W. Rucker, "Chairman of Appropriation Committee, states amounts not approved by Appropriation Committee. Amounts voted separately and carried 8:43 P.M. Selectman Archibald R. Giroux moves to take up Article 24, moving same be indefinitely postponed. Carried 8:44 P.M. Selectman Archibald R. Giroux moves to take up Article 1 of the second warrant, offering the following: Article 1. Voted: That the Town accept the layout as a town way of Taft Avenue, from Massachusetts Avenue a distance of approximately 1037 feet southwesterly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 18, 1938, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $7500.00 be appropriated and assessed, said sum to be raised by the sale of notes or bonds of the Town issued in accordance with law and payable in not more than five years from the date thereof. Dr. Clarence Shannon moves vote read be appropriated and assessed instead of by notes or bonds. Dr. Clarence Shannon's motion declared lost 8:53 P.M. Town Counsel, Sydney R. Wrightington, makes amendment to original vote, t1-it words "and assessed" be struck out of original vote. Amendment carried 8:55 P.M. Original vote with words "and assessed" left out, carried �. unanimous 8:55 P.M. Selectmen Archibald R. Giroux moves to take up Article 25, moving that Article 25 be indefinitely postponed. Carried 8:55 P.M. 417 Selectman Archibald R. Giroux moves to t ake up Article 2, of the second warrant, offering the following: Article 2. Voted: That the Town accept the layout as a town way of Cherry Street, from Taft Avenue a distance of approximately 193 feet westerly, as laid out by the Selectmen, under the Betterment A.ct, and shown upon a certain plan on file in the office of the Town. Clerk, dated February 18, 1938, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $1200.00 be appropriated, said sum to be raised by the sale of notes or bonds of the Town issued in accordance with law and payable in not more than five years from the date thereof. _ Carried Unanimous 8::57 P.M. Selectman. Archibald R. Giroux moves to take up Article 26, moving Article 26 be indefinitely postponed. Carried 8:57 P.M. Selectman Archibald R. Giroux moves to take up Article 3 of 'the second warrant, offering the following: Article 3. Voted: That the Town accept the layout as a town way of Cary Street, from Taft Avenue a distance of approximately 250 feet westerly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 18, 1938, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of 1200.00 be appropriated, said sum to be raised by the sale of notes or bonds of the Town issued in accordance with law and payable in not more than five years from the date thereof. Carried Unanimous 8:59 P.M. [— Selectman Archibald R. Giroux moves to take up Article 21, offering the following: Article 21. Voted: That the Selectmen be authorized to dispose of surface drainage by the construction of drains or conduits and for that purpose to take lands or easements by Eminent Domain as follows: Right of Way to Mill Brook, opposite Sylvia Street; Massachusetts Avenue, from Taft Avenue easterly; and for the purpose of said construction the sum of $3800. be appropriated and assessed. Carried 9:00 P.M. William R. Greeley of the Planning Board moves to take up Articles 32, 33 and 34. William E. Bennett moves that Article 32 be indefinitely postponed. Carried 9:02 P.M. r— Under Article 33, William E. Bennett offers the following motion: ARTICLE 33. I move that it be VOTED: To accept the provisions of Sections 81F, 81-G, 81H, 81I and 81J of,Chapter 41 of the General Laws as enacted by Chapter 211, Section 4 of The Acts of 1936. General discussion. Motion to accept Article 33. Carried 9:34 P.M. 448 Under Article 34, William E. Bennett offers the following: ARTICLE 34. VOTED: That the general By-Laws of the Town be amended in Article 26 by adding a new section as follows: "The Board of Appeals established under the existing building and zoning ordinances and Torn By-laws shall be and shall act as the Board of Appeals under the provis- ions of General Laws, Chapter 41 as enacted � . by Chapter 211, Section 4- of The Acts of 1936 .'' A two-thirds vote taken as follows: In Favor Tellers Opposed 38 Alan G. Adams 0 83 - George P. Morey 3 24 Clements H. Ferguson 1 145 4 Carried 9:50 P.M. William R. Greeley moves to take up Article 36. Reads Report. REPORT OF TriE PLANNING BOARD ON Trig; FOLLOWING PROPOSED AEENDMENT AS IT APPEARS UNDER ARTICLE 36 IN TEE WARRANT FOR TEE TOWN MEETING TO BE EELD MARCH 21, 1938 To see if the Town will vote to amend the Zoning By-Law by adopting the following amendments thereto or take any action thereon; By substituting for Section 6 thereof the following: Section 6. ( a) In R.l and R.2 Districts no dwelling shall be erected with- in the areas hereinafter defined, except upon a lot haveing a street frontage of not less than 100 feet, an area of not less than 12,500 square feet, and having no other dwelling thereon. The first of said areas shall be bounded by the center line or intersection of center lines, of Summer Street commencing at the Arlington Line and continuing to Lowell Street thence in a straight line to the Brown's Brook Culvert under the railroad right of way, thence along the railroad right of way to Woburn Street, along Woburn Street to Laconia Street, along Laconia Street to Ridge Road, thence in a straight line to the junction of Vine Street and Manley Court extended, thence in a straight line to the inter- section of Hayes Lane and Grant Street, thence along Grant Street to Old Colony Road,. along Old Colony Road to Woodland Road, along Woodland Road to Adams Street, along Adama Street to Hancock Street, along Hancock Street to Hancock Avenue, Along Hancock Avenue to the railroad right of way, along the railroad right of way to Revere Street, along Revere Street to Hancock Street, along Hancock Street to Burlington Street, along Burlington Street to Grove Street, along Grove Street to Eaton Road extended, thence along Eaton Road to Bertwell Road, along Bertwell Road to Williams Road, along Williams Road to Bedford Street, along Bedford Street as far as the south- east boundary of the school property, thence along this boundary to Valley Road, along Valley Road to the railroad right of way, along the railroad right of way to Center Street, along Center Street to Ward Street, along Ward Street to Garfield Street, along Garfield Street to Locust Street, thence in a straight line to the intersection of Cedar Street and Freemont Street, thence along Freemont Street extended to Wood Street, along Mood Street to Massachusetts Avenue, along Massachusetts Avenue to Old County Road, thence in a straight line to the intersection of Roosevelt Road and Wilson Road, along Wilson Road to Marrett Road, along Marrett Road to Lincoln Street, along Lincoln Street to Weston Street, along Weston Street to Shade Street, along Shade Street to Spring Street, along Spring Street to Marrett Road, along 419 Marrett Road to Waltham Street, along Waltham Street -to Vine Brook Road, along Vine Brook Road to Winthrop Road, along Win- throp Road to Highland Avenue, along Highland Avenue to Pelham Road, along Pelham Road to Massachusetts Avenue, along Massachu- setts Avenue to Marrett Road, along Marrett Road to Pollen Road, along Follen Road to Pinewood Street, along Pinewood Street to Summit Road, along Summit Road to Fern Street, along Fern Street to Pleasant Street, along Pleasant Street to Massachusetts Avenue, along Massachusetts Avenue to Oak Street, along Oak Street to Carville Avenue, along Carville Avenue to Butler Avenue„along Butler Avenue extended to the Arlington Line, along the Arlington Line in a northeasterly direction to the point of beginning. The second of said areas shall consist of the lots, outside the first area, which front directly upon the said portions of said bound- ing streets. (b) In all other parts of the Town, outside the boundaries oft he areas above described, no dwelling shall be erected except upon a lot having a street frontage of not less than 100 feet, an area of not less than 25,000 square feet and having no other dwelling thereon. ( c) On each side of each dwelling or other permitted main structure there shall be provided a side yard of not less than fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. ( d) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the frontage and area shall be computed as is such bounding lines were so extended. (e) Notwithstanding the foregoing provisions of this sec- tion, if adjacent lots, any of which has leas- area or frontage than required by this section, are recorded by plan or deed as all in the same ownership at the time this by-law is adopted, and if ( 1) substantial expenditures have been incurred, prior to that time, toward the improvement of these lots or approved ways [1 giving access thereto, or towards utilities serving such lots, which improvements or utilities would be diminished in value in a substantial amount by a literal enforcement of the terms of this section, or if (2) adjoining areas have been, prior to that time, developed to a substantial extent by the construction of houses on lots generally smaller than is prescribed by this sec- tion and the standard of the neighborhood so established does not reasonably require a subdivision of the applicant 's land into lots as large as is hereby prescribed, then the owner of these lots may apply to the Board of Appeals for relief from the terms of this section as applying to any of these lots, a-id the Board of Appeals may grant such relief by making special except- ions to the terms of this section, subject to appropriate condi- tions and safeguards in harmony with the general purpose and intent of this by-law, where desirable relief may be granted without substantial detriment to the public good and without substantially derogating from the intent or purpose of this by- law. (f) And furthermore, notwithstanding the said foregoing provisions, one dwelling may be erected upon a lot containing less than the above required areas or frontages if such lot was ..� duly recorded by plan or deed at the time of the adoption of this by-law, and did not at the time of such adoption adjoin other land of the same owner available for use in connection with such lot. A public hearing was held on March 4, 1938, on the proposed amendments after the notice given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Board feels that it is acting in accordance with the expressed desires of a number of citizens of the Town when it offers an amendment covering area regulations. Before presenting 40) a this particular article, the Board has obtained the advice of planning experts, it has studied the treatment of area regulations by other towns, adopting in some cases that which was considered as best for Lexington and has endeavored to obtain an expression of opinion from Lexington citizens. It is generally recognized that there is a direct relation- ship between the proper size of dwelling lots and the economic development of a town, and the problem becomes that of protect- ing the town against an expansion which requires an unreasonable outlay in public utilities such as streets, sewerage and schools, and of directing the trend toward utilization of existing facili- ties. There are at present a sufficient number of small size lots, adjacent to utilities and suitable for dwellings, to care for the most optimistic growth; and which will remain unaffected by this amendment. It is an acknowledged fact that an area of 25,000 square feet, suitable for dwelling, will normally care for sewerage through septic tanks or cess pools and that lots of 12,500 square feet, located with fair sub-soil, will also care for single family sewerage. A conservative estimate indicates that at least 25% of Lex- ington is unsuitable for dwelling of any sort and the Board has been guided by these principles in the selection of sizes and in locating the boundaries of the different areas. The Planning Board believes that the adoption of this amend- ment will tend toward safeguarding the taxes of the town as a whole, will not discourage the building of self-supporting homes and will not operate to the disadvantage of the responsible prop- erty owner, who wishes to open his land for a profitable develop- ment. However, as the hearing indicated that there was some oppo- sition to that part of the proposal, providing for Board of Appeals action, the Planning Board will present the amendment under two separate votes; one covering paragraphs a, b, c and d, and the other covering paragraphs e and f, and recommends favor- able action by the town on both sections. Donald Nickerson presents vote as follows: Voted:- That the Lexington Zoning By-Law be amended by sub- stituting for Section 6 thereof the following: Section 6. ( a) In R.l and R.2 Districts no dwelling shall be erected within the areas hereinafter defined, except upon a lot having a street frontage of not less than 100 feet, an area of not less than 12,500 square feet, and having no other dwelling thereon. The first of said areas shall be bounded by the center line or intersection of center lines, of Summer Street commencing at the Arlington Line and continuing to Lowell Street thence in a straight 421 line to the Brownta Brook Culvert under the railroad right of way, thence along the railroad right of way to Woburn Street, along Woburn Street to Laconia Street, along Laconia Street to Ridge Road, thence in a straight line to the junction of Vine Street and Manley Court extended, thence in a straight line to the inter- section of Hayes Lane and Grant Street, thence along Grant Street to Old Colony Road, along Old Colony Road to Woodland Road, along Woodland Road to Adams Street, along Adams Street to Hancock Street, along Hancock Street to Hancock Avenue, along Hancock Avenue to the railroad right of way, along the railroad right of way to Revere Street, along Revere Street to Hancock Street, along Hancock Street to Burlington Street, along Burlington Street to Grove Street, along Grove Street to Eaton Road extended, thence along Eaton Road to Bertwell Road, along Bertwell Road to Williams Road, along Williams Road to Bedford Street, along Bedford Street as far as the south- east boundary of the school property, thence along this boundary to Valley Road, along Valley Road to the railroad right of way, along the railroad right of way to Center Street, along Center Street to Ward Street, along Ward Street to Garfield Street, along Garfield Street to Locust Street, thence in a straight line to the inter- section of Cedar Street and Freemont Street, thence along Freemont Street extended to Wood Street, along Wood Street to Massachusetts Avenue, along Massachusetts Avenue to Old County Road, thence in a straight line to the intersection of Roosevelt Road and Wilson Road, along Wilson Road to Marrett Road, along Marrett Road to Lincoln Street, along Lincoln Street to Weston Street, along Wes- ton Street to Shade Street, along Shade Street to Spring Street, along Spring Street to Marrett Road, along Marrett Road to Waltham Street, along Waltham Street to Vine Brook Road, along Vine Brook Road to Winthrop Road, along Winthrop Road to Highland Avenue, along Highland Avenue to Pelham Road, along Pelham Road to Massa- chusetts Avenue, along Massachusetts Avenue to Marrett Road, along Marrett Road to Pollen Road, along Pollen Road to Pinewood Street, along Pinewood Street to Summit Road, along Summit Road to Fern Street, along Fern Street to Pleasant Street, along Pleasant Street to Massachusetts Avenue, along Massachusetts Avenue to Oak Street, along Oak Street to Carville Avenue, along Carville Avenue to Butler Avenue, along Butler Avenue extended to the Arlington Line, along the Arlington Line in a northeasterly direction to the point of be- ginning. The second of said areas shall consist of the lots, out- side the first area, which front directly upon the said portions of said bounding streets . (b) In all other parts of the Town, outside the boundaries of the areas above described, no dwelling shall be erected except upon a lot having a street frontage of not less than 100 feet, an area of not less than 25,000 square feet and having no other dwelling thereon. ( c) On each side of each dwelling or other permitted main structure there shall be provided a side yard of not less than fifteen feet in width, which shall be kept open from the front line of themain structure to the rear line thereof. (d) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would inter- sect, the frontage and area shall be computed as if such bounding lines were so extended. �. William R. Greeley explains from map on stage. General discussion. William H. Devine moves a Committee of fifteen be appointed for further investigation, to include the Board of Selectmen and the Planning Board. Theodore A. Custance offers a motion. That a Committee of fifteen be appointed by the Moderator, not including the Board of Selectmen and Planning Board, account the large number of members on both Boards. 422 William H. Devine withdraws his motion for adoption of Theodore A. Custance' s motion. Theodore A. Custance withdraws his motion. Original motion as presented by Donald E. Nickerson for rd amendment Section Six put before the meeting for vote, with re- sults as follows: In Favor Tellers Opposed 16 Alan G. Adams 20 29 George W. Sarano 64 10 Clements H. Ferguson 12 55 96 Lost 10:42 P.M. Original motion of Theodore A. Custance for the appointxient of a committee of fifteen put to a vote. Declared Lost 10:43 P.M. William Roger Greeley presents substitute motion as follows: Voted that the motion now before the meeting be amended by sub- stituting therefor the following:- Voted:- That the Lexington Zoning By-Law be amended by substi- tuting for Section 6 ( a) thereof, the following:- Section 6. ( a) In R.1 and R.2 Districts no dwell- ing shall be erected upon land laid out for house lots C/� .�v after the adoption of this by-law unless there is pro- vided for each such dwelling a lot frontage of not less than 100 feet upon the frontage street, and an area of not less than 12500 square feet. On each side of each dwelling or other permitted main structure there shall be provided a side yard of at least fifteen feet in width, which shall be kept open from the front line of 7 , I1M ) the main structure to the rear line thereof. This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) Where a corner lot has its corner bounded by a curved line connecting other boundary lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. Two-thirds vote taken as follows: In Favor Tellers Opposed 20 Alan G. Adams 13 62 George W. Sarano 22 17 Clements H. Ferguson 4 99 39 Carried at 10:46 P.M. Moderator Robert H. Holt asks if all articles taken up, or if any further business; there was no response, whereby the Mod- erator declared the meeting dissolved. A True Record. Attest: /I, Town C 423 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 the Cary Memorial Building, in said Lexington, on Monday, the twenty-fifth day of April, 1938, 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 and to appoint other Committees. Article 2. To see if the Town will vote to install a trunk line sewer beginning at the Metropolitan Sewer near the Arlington-Lex- ington Line, thence in a general northerly direction for a distance of approximately 1620 feet to a point in Rindge Avenue about 300 feet southerly of Winn Avenue, and to acquire any necessary lands or easements by purchase or eminent domain; and to authorize the Selectmen to cause this to be done as a Federal Works Progress Administration Project; and provide funds therefor, including land damages, by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with the law, or by borrowing under the provisions of Chapter 58 of the Acts of 1938. Article 3. To see if the Town will vote to install a trunk line sewer beginning at the Metropolitan Sewer near the Arlington- Lexington Line, thence in a general northerly direction for a distance of approximately 1620 feet to a point in Rindge Avenue about 300 feet southerly of Winn Avenue, and to acquire any nec- essary lands or easements by purchase or eminent domain; and provide funds therefor, including land damages, by direct appro- priation, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with the law. Article 4. To see if the Town will vote to install sewer mains in the following unaccepted streets, subject to the assessment of betterments, and to acquire by purchase or by eminent domain any necessary easements therefor: Rindge Avenue, from a point near Rawson Avenue, to Melrose Avenue, a distance of approximately 950 feet; Melrose Avenue, from Rindge Avenue northwesterly, a distance of approximately 200 feet; Rawson Avenue, between Albermarle Ave. and Rindge Avenue; Albermarle Avenue, from Rawson Avenue southerly, a distance of approximately 150 feet, and also from Winn Avenue, a distance of approximately 180 feet southerly; Winn Avenue, between Albermarle Avenue and Rindge Avenue, a distance of approximately 360 feet; and provide funds for said installation by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in accordance with the law. Article 5. To see if the Town will vote to install a sewer main in Bow Street, between Rawson Avenue and a point approximately 800 feet southerly of Rawson Avenue, subject to the assessment of betterments, and provide funds for said installation by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with the law. 424 Article 6. To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to purchase or take by eminent domain the land, right or easement to construct at the outlet of Butterfield' s Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and the right to flow the land under and adjoining the said Butterfield' s Pond and its tributaries, and that the Selectmen be authorized in the name of and on behalf of the Town to execute a contract for the con- struction of such a dam and appurtenant works, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in accordance with the law. Article 7. To see if the Town will authorize the Selectmen to constrict a conduit to enclose the North Branch of Vine Brook from the west side of Waltham Street to the junction of the North and South Branches, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in accordance with the law. Article 8. To see if the Town will vote to authorize the Select- men to construct- a low level sewer from a point about two hundred and ten feet east of Hayes Lane to a point about two hundred and twenty feet south of Vine Brook Road near the conduit to be con- structed for Vine Brook as authorized by this meeting and to ac- quire by purchase or by taking by eminent domain any necessary easement therefor, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with the law. Article 9. To see if the Toonwill vote to appropriate money for services and expenses in the defense of the Ryder drainage cases. Article 10. To see if the Town will vote to appropriate an additional sum of money for the Planning Board, for engineering purposes. And you are directed to serve this Warrant seven days at least —r 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 seventh day of April, A. D. , 1938. Archibald R. Giroux MAJORITY OF THE William G. Potter SETFCTIv N A. Edward Rowse OF Albert A. Ross LEX INGTON April 18th, 1938. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington. 425 . - v**4mamoolls464 ,45....: z. /- Article a- VOTED:‘,.„ That the sum qt $ 500. be appropriated for services fa.nd expend-- the defe se o the Ryder dr inage cases, said money '• •- rai-e• ±'0/13 u' -- " - ,1-..-4,v,. 4.-r.gf,,, th- c r , -nt year. (arried U animous li :32 P.M. ,Artit e11- ' ' ' ' . • €1, A 1_ 7 938. L . Article 4. VC) 'ED: That th 'elect/nen be au o t zed to install sewer mains i -.q,ce •ted stree fr ,„ subject to the assessment o it•etterments, ascce ''"•'''•-:"44 4 " c4 4-ix,-.,,, -,„ .;apiga,409; by eminent domain any net -ssary easemens ;4herefor: 'k ' . Rindge i e e, fr.on - , ..• ,.•t_„Lnea,r Rawson Avenu.: to Melrose Avenue, a di-. :-- _ ---;';'-' ..i '''. • Melros Ik. - e.• ,-,e•-,Y 'e PI; 4,79.... Ayerliae no hwesterly, a distance of approxim, ely 20C feet; ''''- '.Ak.:7A-451-tiMerg-droalso . Rawso Ave• Ave ue,• ie I- Albe te rle Avenue, k.pm Rawson Avenup 'vutherly, a dis t.nce of ap-or oxima ell ilk,,. ---_,,,,,„-. ' ., ,C;4e:1, .;',.'0:'&;4 .1‘krerita471.471~Aerat*Wictanchp of approxim- ely :0 feet s to therly; 4 ; -, ‘ , . Wi Avenue •T, , .,' ,q4o2,45743p01A, .d',-: i• e Avenue, distanc4 of atiproximat,1 y 3 . feet; and that for urpos- the sum of 016 300be apero•riated, , ,J. 4,..•,.-,,- , , --,h A.‘.1 Wo of vilii oh. 0* 1 74-,43,.4i f;QC?M.70:74a1V:e''`Wit .2-" • Irekte .4,,,t,„ - ..-- , ent, -k , year, and 015,000 . ik to be proyi• -• . , ' t- ' uan6e of notes of the Town for a period of five yt ars under the pro °._cu.b,_ Li.l...c.44o- ter 44 . T 420 SPECIAL TOWN MEETING HELD APRIL 25, 1938 Meeting called to order by the Moderator, Robert H. Holt, at 8:15 P.M. There were 169 Town Meeting Members present. _ Town Clerk James J. Carroll read the warrant for the meeting signed by the Selectmen February 23, 1938, until upon motion of A. Edward Rowse, further reading was waived. Town. Clerk James J. Carroll read the Constable ' s return of said warrant. Town. Clerk James J. Carroll read the warrant for the meet- ing signed by the Selectmen April 7, 1938, until upon motion of A. Edward Rowse further reading of the warrant was waived. Town Clerk James J. Carroll read the Constable ' s return of the warrant. - Selectman Archibald R. Giroux moves to take up Article 1 of the warrant signed April 7, 1938. Allen W. Rucker, Chairman of the Appropriation Committee, presents reports of the Appropriation Committee covering both warrants , which were accepted and placed on file . Selectman Archibald R. Giroux asks permission of the meeting to permit Superintendent of Public Works, John W. Ray- mond Jr. to have a seat in the meeting. Permission granted. Selectman Archibald R. Giroux moves to take up Article 3 r' of the warrant signed by the Selectmen February 23, 1938, offer- ing the following. Article 3. VOTED: That the Selectmen be authorized in the name of and on behalf of the Town to acquire by purchase or eminent domain for surface and sanitary drainage purposes any or all of the land on both sides of Vine Brook as follows: ( a) on the relocated North and South Branches of Vine Brook from Marrett Road to Vine Brook Road for an aggregate width not exceeding one hundred and fifty feet; (b) from the easterly side of Waltham Street to the location described under ( a) of this vote for an aggregate width of sixty feet; ( c) from Vine Brook Road to Massachusetts Avenue for an aggregate width of fifty feet; ( d) from the land of the Town on which stands the Town Office Building to Hayes Lane for an aggregate width of twenty- five feet; ( e) from Hayes Lane to North Street for an aggregate width of one hundred fifty feet; ( f) temporary leasehold interest in adjoining land for use during construction; together with the right to deepen, widen, straighten and relocate the parts of the channel of the said Vine Brook and its North and South Branches within the said takings, to change its location from its present channel, to construct closed conduits in place of open channels and to change the direction, volume and rapidity of the flow of the said Brook and its said Branches, and of any surface or underground water flowing into it, and that the Selectmen be authorized in the name of and on behalf of the Town to execute a contract or contracts for the construction of drain- -_.. age improvements in and adjacent to Vine Brook extending from Winthrop Road Extension so-called on the South Branch and Waltham Street on the North Branch to North Street, including the con- struction of a conduit in place of an open channel from the junction of the North and South. Branches to Hayes Lane, sub- stantially as recommended by the Vine Brook Drainage Committee in a report received by the Town September 27, 1937, and for the purpose of meeting the cost of such construction the sum of 273,000. be appropriated, of which ; 2,000 . is to be raised from the revenue of the current year, and 9271,000. is to be provided by the sale of bonds or notes of the Townissued in accordance with the law and payable in not more than ten years from the date thereof. 427 General discussion from numerous speakers for and against. Amendment offered by Robert H. Eldridge as follows: that term of years in which payable be changed to read thirty years instead of ten years . Amendment as presented carried unanimous 9:31 P.M. Main notion as presented with amendment put to a standing vote as follows: In Favor Tellers Opposed 14 Converse Hill 23 42 _Robert D. Mayo 54 14 dements H. Ferguson 18 70 95 Lost 10:22 P.M. Theodore A. Custance offers the following as an alternate vote under Article 3, as follows: Article 3. Voted: That the Selectmen be authorized in the name of and on behalf of the Town to acquire by purchase or eminent domain for surface and sanitary drainage purposes any or all of the land on both sides of -rine Brook as follows: ( a) on the South Branch and main channel of Vine Brook from Winthrop Road extension to Vine Brook Road for an aggregate width not exceeding one hundred feet ( 100' ) ; (b) from the easterly side of Waltham Street to the location described under ( a) of this vote for an aggregate width of sixty feet; ( c) from Vine Brook Road to Massachusetts Avenue for an aggre- gate width of fifty feet; ( d) from the land of the Town on which ch stands the Town Office Building to Hayes Lane for an ._ aggregate width of twenty-five feet; ( e) from Hayes Lane east- erly approximately two hundred and fifty feet for an aggregate width not exceeding one hundred and fifty feet; ( f) temporary - leasehold interest in adjoining land for use during construction; together with the right to deepen, widen, straighten and relo- cate the parts of the channel of the said Vine Brook and its North and South Branches within the said takings, to change its location from its present channel, to construct closed conduits in place of open channels and to construct culverts under North and East Streets , and to change the direction, volume and rapid- ity of the flow of the said Brook and its said Branches, and of any surface or underground water flowing into it, and that the Selectmen be authorized in the name and on behalf of the Town, to execute a contract or contracts for the construction of drain- age improvements in and adjacent to Vine Brook extending from Winthrop Road Extension so-called on the South Branch and the westerly side of Waltham Street on the North Branch to a point about two hundred and fifty feet easterly of Hayes Lane, inclu- ding the construction of a conduit in place of an open channel from the present junction of the North and South Branches to Hayes Lane, and culverts under North and. East Streets, and for the purpose of meeting the cost of such construction and land takings, the sum of .; 192,000.00 be appropriated, of which 2,000 .00 is to be raised from the revenue of the current year, and ;190,000 .00 is to be provided by the sale of bonds or notes of the Town issued in accordance with the law and payable in not L- more than ten years from the date thereof. Motion as presented put to a standing vote as follows: In Favor Tellers Opposed 11 Converse Hill 26 22 Robert D. Mayo 62 5 Clements H. Ferguson 21 38 109 Lost 10:30 P.M. 4213 C-11 Selectman Archibald R. Giroux moves to take up Article One of warrant signed February 23, 1938, moving same be indefinitely postponed. Carried Unanimous 10:31 P.T.I. Selectman Archibald R. Giroux moves to take up Article Two of warrant signed February 23, 1938, moving same be indefinitely postponed. Carried Unanimous 10:31 P.M. Selectman Archibald R. Giroux moves to take up Article Four of warrant signed February 23, 1938, moving same be indefinitely -' postponed. Carried Unanimous 10:31 P.M. .� Selectman Archibald R. Giroux moves to take up Articles 6, 7 and 8 of warrant signed April 7, 1938, moving the three Articles be indefinitely postponed. Carried Unanimous 10:31 P.M. Selectman Archibald R. Giroux moves to take up Article 9 of warrant signed April 7, 1938 as follows: Article 9. VOTED: That the sum of 01500. be appropriated for services and expenses in the defense of the Ryder drainage cases, said money to be raised from the revenue of the current year. Carried 10:32 P.M. Selectman Archibald R. Giroux moves to take up Articles 4 and 5 of warrant signed April 7, 1938, as follows: Article 4. VOTED: That the Selectmen be authorized to install sewer mains in the following unaccepted streets, subject to the assessment of betterments, and'to acquire by purchase or by eminent domain any necessary-easement-Ts therefor: Rindge Avenue, from-a point near Rawson Avenue, to Melrose Avenue, a distance of ap-proximately 950 feet; Melrose Avenue, from Rindge Avenue northwesterly, a distance of approximately 200 feet; Rawson Avenue, between Albemarle Ave . and Rindge Avenue; Albemarle Avenue, from Rawson. Avenue southerly, a distance of approximately 150 feet, and also from Winn Avenue, a distance of approximately 180 feet southerly; Winn Avenue, between Albermarle Avenue and Rindge Avenue, a distance of approximately 360 feet; and that for this purpose the sum of 16,300 . be appropriated, this money to be provided by the issuance of notes of the -Town for a period of five years under the provisions of Chapter 44 of the General Laws . See Page 4302 Article 5. VOTED: That the Selectmen be authorized to install .a sewer main in Bow Street, between Rawson Avenue and a point approx- imately 800 feet southerly of Rawson Avenue, subject to the assess- ment of betterments, and that for this purpose the sum of $'6700. be appropriated, this money to be provided by the issuance of notes of the Town for a period of five years under the provisions of Chapter 44 of the General Laws. Allen W. Rucker, Chairman of the Appropriation Committee, offers following amendment to Article 4 as follows: This vote not to be effective until at least 75% of the owners of property benefitted on ( the streets enumerated herein) have agreed to pay the betterment assessment. Motion made and seconded by Selectman Archibald R. Giroux Articles 4 and 5 be _laid on table for present, carried 10:57 P.M. See Page 4302 429 William R. Greeley offers the following motion under Article One of warrant signed April 7, 1938, as follows: Voted: That the Moderator be authorized to appoint a com- mittee of seven to study and report upon the general future devel- opment and disposition of lands in the Vine Brook area, and that 01500. be appropriated and assessed for this purpose . Moderator Robert H. Holt rules motion out of order, therefore declared lost - 11:00 P.M. Edward W. Kimball moves to take up Article 10 of warrant signed April 7, 1938, offering the following: Voted: That the sum of 0300 . be appropriated for the Planning Board for Engineering Purposes . Carried 11:02 P.M. Selectman Archibald R. Giroux moves to take Articles 4 and 5 from table. Moderator Robert H. Holt reads amendment as presented by Allen W. Rucker of the Appropriation Committee . This vote not to be effective until at least 75Z of the owners of property benefitted on ( the streets enumerated herein) have agreed to pay the betterment assessment. Carried 11:11 P.M. Article 4 as presented with amendment put to a standing vote as follows: In Favor Tellers Opposed 23 Converse Hill 2 -- 70 Robert D. Mayo 0 21 Clements H. Ferguson 1 114 3 Carried 11:12 P.M. See Page 4302. Selectman Archibald R. Giroux presents Article 5. Same amendment applying to Article 4 presented by Allen W. Rucker, Chairman of Appropriation Committee, as follows: This vote not to be effective until at least 75% of the owners of property benefitted on ( the streets enumerated herein) have agreed to pay the betterment assessment. Carried Unanimous 11:14 P.M. Article 5 ,presented with amendment, carried unanimous 11:15 P.M. See Page 4302. Selectman Archibald R. Giroux moves to take up Article 2, presenting the following: Article 2. VOTED: That the Selectmen be authorized to install a trunk line sewer beginning at the Metropolitan Sewer rear the ..a Arlington-Lexington Line, thence in a general northerly direction for a distance of approximately 1620 feet to a point in Rindge Avenue about 300 feet southerly of Winn Avenue, and to acquire any necessary lands or easements by purchase or by eminent domain: and that the Selectmen be authorized to cause this to be done as a Federal Works Progress Administration Project; and for this purpose the sum of 020,000. be appropriated ( including land damages) , said money to be provided by the borrowing of 020,000. under the pro- visions of Chapter 58 of the Acts of 1938. Allen W. Rucker, Chairman of Appropriation Committee, offers amendment that sum read 015,000 . instead of $20,000. 430 Amendment carried 11:22 P.M. Question by Town Counsel, Sydney R. Wrightington, if same agreement regarding property owners was to apply. Answered by the Moderator, Robert H. Holt, yes, the follow- ing amendment being offered: Voted: The vote under Article Two not to be effective until the Articles Four and Five become effective regarding the assess- - ment of betterments . Amendment carried 11:22 P.M. Main motion with both amendments carried unanimous 11:22 P.M. Motion made and seconded that meeting be dissolved. 11:24 P.M. A true record. Attest: Town C e- k June 24, 1938 Town Clerk Town of Lexington Lexington, Mass. Dear Sir: Due to increasing business demands upon my time, I find it necessary to discontinue work on the Town Appropriation Committee. Will you kindly accept my resignation, effective June 30, 1938/ I take this step with real regret as I think you know. Please accept my continuing appreciation for the coop- eration which your Board has extended the Appropriations Com- mittee during the past year. Cordially yours, S/ A. W. Rucker Allen W. Rucker AWR-lw -' ARTICLEES 4 AND 5 AS PASSED AT A SPECIAL TOWN MEETING FELD APRIL 25, 1938 Article 4. VOTE'S): That the Selectmen be authorized to install sewer mains in the following unaccepted streets, subject to the assessment of betterments, and to acquire by purchase or by eminent domain any necessary easements therefor: Rindge Avenue, from a point near Rawson Avenue, to Melrose Avenue, a distance of approximately 950 feet; Melrose Avenue from Rindge Avenue northwesterly, a distance of approximately 200 feet; Rawson Avenue, between Albemarle Ave. and Rindge Avenue; Albermarle Avenue, from Rawson Avenue southerly, a distance of approximately 150 feet, and also from Winn Avenue, a distance of approximately 180 feet southerly; Winn Avenue, between Albemarle Avenue and Rindge Avenue, a distance of approximately 360 feet; and that for this purpose the sum of $16,300. be appropriated, of which $1300. is to be raised from the revenue of the current year, and $15,000. is to be provided by the issuance of notes of the Town for a period of five years under the provisions of Chapter 44 of the General Laws. Allen W. Rucker, Chairman of the Appropriation Committee, offers the following amendment: This vote not to be effective until at least 75% of the owners of property benefitted on ( the streets enumerated) herein have agreed to pay the betterment assessment. Amendment as presented carried unanimous at 11:11 P.M. Main motion as presented with amendment carried as follows: In Favor Tellers Opposed 23 Converse Hill 2 70 Robert D. Mayo 0 21 Clements H. Ferguson 1 114 3 Carried 11:12 P.M. ' Article 5 of warrant signed April 7, 1938. Article 5. VOTED: That the Selectmen be authorized to install a sewer mein in Bow Street, between Rawson Avenue and a point approx- imately 800 feet southerly of Rawson Avenue, subject to the assess- ment of betterments, and that for this purpose the sum of $6700. be appropriated of which 1700. is to be raised from the revenue of the current year, and $5000. is to be provided by the issuance of notes of the Town for a period of five years under the provisions of Chapter 44 of the General Laws . Allen W. Rucker, Chairman of the Appropriation Committee, offers the following amendment: This vote not to be effective until at least 75% of the owners of property benefitted on ( the streets enumerated) herein have agreed to pay the betterment assessment. Amendment as presented carried unanimous at 11:15 P.M. Main motion as presented with amendment carried unanimous at 11:15 P.M. 4511:11g1 ZQM ••••••• • • 411 B. F. Hawkins 115 Windermere Rd. Newton, Mass. July 18, 1938 Town Clerk Town of Lexington, Mass. L Dear Sir:- As I have moved to Newton I wish to resign as a Town Meeting Member of Lexington. I shall always have a keen interest in the affairs of Lexington. Yours truly, 5/ Basil F. Hawking ATTORNEY GENERAL'S APPROVAL ARTICLE 34 AS PASSED AT A SECOND ADJOURNED TOWN MEETING OF THE ANNUAL TOWN MEETING HELD MARCH 28, ],938 Under Article 34, William E. Bennett offers the following: ARTICLE 34. VOTED: That the general By-Laws of the Town be amended in Article 26 by adding a -new section as follows: "The Board of Appeals established under the existing building and zoning ordinances and Town By-Laws shall be and shall act as the Board of Appeals under the provis- ions of General Laws, Chapter 41 as enacted by Chapter 211, Section 4 of The Acts of 1936." A two-thirds vote taken as follows: In Favor Tellers Opposed 38 Alan G. AcTma 0 83 George P. Morey 3 24 Clements H. Ferguson 1 . 145 4 Carried 9:50 P.M. • Lexington Mass. June '27, 1938 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass., do hereby certify that the above is a trae and exact copy , of Article 34 as passed at a second adjourned town meeting of the Annual Town Meeting held March 28, 1938, and as same appears on record. James J. Carroll Town Clerk _ 432 -01 July 5, 1938. The foregoing by-law is hereby approved. Paul A. Dever Attorney General TOWN WARRANT Commonwealth of Massachusetts Middlesex, as. To either of the -Constable s 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 the Cary Memorial Building, in said Lexington, on Monday, the 8th day of August, 1938, at eight o'clock 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 and to appoint other Committees. Article 2. To see if the Town will adopt any or all of the recommendations of the Vine Brook Drainage Committee which report was received by the Town at its meeting held September -- 27, 1937. Article 3. To see if the Town will authorize the execution by` the Selectmen of contracts for the construction of drainage improvements in and adjacent to Vine Brook for the purpose of carrying out any or all of the recommendations of the Vihe Brook Drainage Committee contained in the report of that committee received by the Town at its meeting of September 27, 1937 and authorize the taking by eminent domain of any lands or easements in lands for the purpose of carrying out any of the said recommen- dations, and will make an appropriation therefor, and meet the said appropriation by direct assessment or by the issue of bonds or notes of the Town payable as provided by law. Article 4. To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to purehase or take by eminent domain the land, right or easement to construct at the outlet of Butterfield's Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and the right to flow the land under and adjoining the said Butterfield's Pond and its tributaries, and that the Selectmen be authorized in the name and on behalf of the Town to execute contracts for the construc- tion of such a dam and appurtenant works, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in —' accordance with the law. Article 5. To see if the Town will authorize the Selectmen to construct a conduit to enclose the North Branch of Vine Brook from the west side of Waltham Street to the tinction of the North and South Branches, or any part thereof, and to provide payment for the same. by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in accordance with the law. 433 Article 6. To see if the Town will vote to authorize the Select- men to construct a low level sewer from a point about two_hundred and ten feet east of Hayes Lane to a point about two hundred and twenty feet south of Vine Brook Road near the conduit to be con- structed for Vine Brook as authorized by this meeting, and to acquire by purchase or by taking by eminent domain any necessary easement therefor, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with the law. Article 7. To see if the Town will accept the grant allotment of the Federal Public Works Administration to aid the Town in financing the Sewer and Vine Brook Projects to be acted upon under Articles 3, 4, 5 and 6 of this Warrant, and will authorize the Selectmen to execute agreements on behalf of the Town of Lex- ington, between the Town of Lexington and the United States of America for certain proposed Sewer and Storm Drain. Projects, or take any action relating thereto. Article 8. To see if the Town will vote to change the name of "Depot Park" to "Emery Park", or take any action in relation thereto, Article 9. To see if the Town will authorize the Selectmen to enter into an agreement on behalf of the Town of Lexington with the Town of Arlington to provide co-operation between the two towns in the matters of connection of sewers in Lexington with Town of Arlington sewers, and the connection of sewers in Arl- ington with Town of Lexington sewers, or take any action rela- ting thereto. Article 10. To see if the Town will vote to accept a gift in the amount of $300, under the will of Emma I. Fiske, to be in- vested and the income -used to place three bouquets of flowers around the monument in her family lot in Munroe Cemetery on Memorial Day and on September 15th of each year: Article 11. To see if the Town will accept a devise under the will of Bedros H. Bashian of an undivided one-half interest in a certain parcel of land at the corner of Massachusetts Avenue and Wood Street to be known as "Bashiants Park." Article 12. To see if the Town will authorize the Selectmen to execute a deed of all right, title and interest of the Town in and to an undivided one-half interest in a certain parcel of land at the corner of Massachusetts Avenue and Wood Street de- vised to it by the will of Bedros H. Bashian to the residuary legatee under his will or whoever may appear to be entitled thereto. Article 13. To see if the Town will vote to appropriate and transfer money from available funds for the purpose of install- ing an automatic mechanical stoker in the High School Building, or take any action relating thereto. Article 14. To see if the Town will vote to amend the Zoning By-Law by adopting the following amendment -thereto or take any action thereon: To substitute under Area Regulations, Section 6, a new Section 6 to read as follows:- Section 6. (a) In R. 1 and R.2 Districts no dwell- ing shall be erected upon land laid out for house lots after the adoption of this bye-law unless there be provided for each such dwelling a lot frontage of not less than 100 feet upon the front- age street, and an area of not less than 12,500 square feet. On each side of each dwelling or other permitted main structure there shall be provided aside yard of at least fifteen feet in Width, which shall be kept open from the front line of the main structure to the rear line thereof. 434 0.1 This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) there a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. 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 nineteenth day of July, A. D., 1938. ARCHIBALD R. GIROUX MAJORITY OF A. EDWARD .ROWSE SELECTMEN ALBERT A. ROSS OF WILLIAM G. POTTER LEXINGTON July 28th, 1938. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, In the vestibule of the Town Office Building` and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town ten days berore the time of said meeting. Attest: Patrick J. ra.ire - Constable of Lexington SPECIAL TOWN MEETING HELD AUGUST 8, 1938 Meeting called to order at 8:10 P.M. by the Moderator, Robert H. Holt. There were 148 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meet- ing, until upon motion of A. Edward Rowse, further reading of the warrant was waived - so voted. Town Clerk, James J. Carroll, read the Constable's return of the warrant. Robert C. Merriam moves to take up Article One, presenting the Appropriation Committee's Report of the Articles contained in the warrant, moving that same be accepted and placed on file - so voted - 8:12 P.M. - On account of the shortage of time, allowing for 'the'-prep- aration of the AppropriationCommittee's Report, which did not allow report to be received by Town Meeting Members, Robert C. Merriam asks permission to read report to the Town Meeting Mem- bers. Permission granted. • 435 Edward W. Kimball suggests articles not to be regd in the report, only the recommendations of the Appropriation Committee as contained in their report. Suggestion accepted 8:20 P.I . Robert C. Merriam completed reading report at 8:30 P.M. Selectman Archibald R. Giroux moves to take up Article 2, moving that Article 2 be indefinitely postponed. Unanimous - 8:31 P.M. Selectman Archibald R. Giroux moves to take up Articles 3, 4, 5, 6 and 7, and if no objections, to act upon all the men- tioned articles at the same time. No objections. Article 3. To see if the Town will authorize the execution by the Selectmen of contracts for the construction of drainage improvements in and adjacent to Vine Brook for the purpose of carrying out any or all of the recommendations of the Vine Brook Drainage Cormnittee contained in the report of that committee received by the Town at its meeting of' September 27, 1937 and authorize the taking by eminent domain of any lands or easements in lands for the purpose of carrying out any of the said recommen- dations, and will make an appropriation therefor, and meet the said appropriation. by direct assessment or by the issue of bonds or notes of the Town payable as provided by law. Article 4. To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to purchase or take by eminent domain the land, right or easement to construct at the outlet of Butterfield's Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and the right to flow the land under and. adjoining the said Butterfield's Pond and its tributar- ies, and that the Selectmen be authorized in the name and on be- half of the Town to execute contracts for the construction of such 7' a dam and appurtenant works, and to provide payment for the same by direct appropriation, by transfer from available funds, or by L the issue of bonds or notes of the Town, payable in accordance with the law. Article. 5.. To see if the Town 'will authorize the Selectmen 'to construct a conduit to enclose the North Branch of Vine Brook from the west side of Waltham Street to the junction of the North and South Branches, or any part thereof, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town, payable in accordance with the law. Article 6. To see if the Town will vote to authorize the Select- men to construct a low level sewer from a point about two hundred and ten feet east of Hayes Lane to a point about- two hundred and twenty feet south of- Vine Brook Road near the conduit to be con- stricted for Vine Brook asauthorized by this meeting, and to acquire by purchase or by taking by eminent domain any necessary easement therefor, and to provide payment for the same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the Town payable in accordance with the law. Article 7. To see if the Town will accept the grant allotment of the Federal Public Works Administration to aid the Town in fingnc- ""- ing the Sewer and Vine Brook Projects to be acted. upon under Art- icles 3, 4, 5 and 6 of this Warrant, and will authorize the Select- men to execute agreements on behalf of the Town of Lexington, be- tween the Town of Lexington and the United States of America for certain proposed Sewer and Storm Drain Projects, or take any action relating thereto. Various speakers speak on the articles involving the Vine Brook. Arthur F. Hutchinson moves that Articles 3, 4, 5, 6 and 7 be indefinitely postponed. 8:52 P.M. Indefinite postponement declared lost by voice vote 8:53 P.M. See Page 435i, rain;ch follows . 436 General discussion by many speakers, both for and. against. Moderator Robert H. Holt states as long as the five Articles\ Awere acted upon as one group, if it would be agreeable with the electmen and the Town Meeting Members to vote on the group under one Article number, eliminating the numbers 3, 4, 5, and 6, call- / 5ng the entire group as Article 7. TownCounsel, Sydney R. tri ht' ton states it would be better consider all as Article 3,,w which was approved by the\� S lectmen and the Town Meeting Members. The following rising vote was taken: In Favor Tellers Opposed 29 P1 Charles M. Blake 5 56 r' 4 Lester T. Reiman 17 27 Roger D. Long 7 112 ;f �„-v..-.p4 29 -„- Selectman Archibald R. Giroux moves to take up Article 8, offering the following: Article 8. To see if the Town will vote to change the name of °Depot Parke to "Emery Park, or take any action in relation thereto. Neil McIntosh offers the following amendment: That the Park be named "Frederick L. Emery Park" instead of "Emery Park" . - Amendment declared carried unanimous 9:35 P.M. Main motion with amendment presented to the meeting and declared carried unanimous 9:36 P.M. --- Selectman Archibald R. Giroux moves to take up Article 9, moving that Article 9 be indefinitely postponed. - Carried Unanimous 9:36 P.M. Selectman Archibald R. Giroux moves to take up Article 10, offering the following: Article 10. To see if the Town will vote to accept a gift in the amount of 000. under the will of Emma I. Fiske, to be in- vested and the income used to place three bouquets of flowers around the monument in her family lot in Munroe Cemetery on Memorial Day and on September 15th of each year. Carried Unanimous 9:37 P.M. Selectman Archibald R. Giroux moves to take up Articles 11 and 12 together, no objections, the following offered: Article 11. To see if the Town will accept a devise under the will of Bedros H. Bashian of an undivided one-half interest in a certain parcel of land at the corner of Massachusetts Avenue and Wood Street to be known as "Bashian's Park." Article 12. To see if the Town will authorize the Selectmen to execute a deed of all right, title and interest of the Town in and to an undivided one-half interest Ina certain parcel of land at the corner of Massachusetts Avenue and Wood Street devised to it by the will or whoever may appear to be entitled thereto. Articles 11 and 12 both carried unanimous - 9:42 P.M. r- ‘-‘4.2",", f. Article 3. VOTED: to take up articles 3 to 7 together, and f rvhTtt VOTED: That the Selectmen be authorized in the name of and on behalf of the town to acquire by purchase or eminent domain for surface and sanital•,j drainage purposes any or all of the land on both sides of Vine Brook as follows: (a) on the re- located North and South, Branches of Vine Brook from Marrett Road to Vine Brook Road for an aggregate width not exceeding one hundred and fifty feet; (b) from the easterly side of Waltham Street to the location described under (a) of this vote for an aggregate width not exceeding sixty feet; ( c) from Vine Brook Road to Massachusetts Avenue for an aggregate width not exceeding fifty feet; (d) from the land r- of the Town on which stands the Tom_. Office Building to Hayes Lane for an aggregate width of twenty-five feet; ( e) from Hayes Lane to East Street for an aggregate width not exceeding one hundred fifty feet; ( f) from East Street to North Street for an aggregate width not exceeding fifty feet; ( g) temporary leasehold interest in ad- joining land for use during construction; and to deepen, widen, straighten, and relocate the parts of the channel of the said Vine Brook and its North and South Branches within the said takings, to change its location frcm its present channel, to construct closed conduits in place of open channels and to change the direction, volume and rapidity of the flow of the said Brook, and its said Branches, and of any surface or underground water flowing into it, and to construct drainage improvements in and adjacent to Vine Brook extending from Winthrop Road Extension so-called on the South Branch and WalthamStreet on the North Branch to North Street, in- eluding the construction of a conduit in place of an open channel from the junction of the North and Smith. Branches to Hayes Lane, substantially as recommended by the Vine Brook Drainage Committee in a report received by the Town, September 27, 1937, and that the Selectmen be authorized to do such work as may be required to restore and maintain or supplement existing private water supplies now in use ( exclusive of operating expenses) which may become diminished or impaired as a result of the construction of the proposed Vine Brook Channel; to grant rights of way and to lay out such streets and ways across the lands to be acquired under this vote as may be deemed -- advisable, and for the purpose of meeting the cost of such construc- tion the sum of $273,000.00 be appropriated, of which $29,600.00 shall be for land acquired; also under Article 4. VOTED: That the Selectmen be authorized on behalf of the Town to purchase or take by eminent domain lands or the right or easement in lands to construct at the outlet of Butterfield' s Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and the right to flow the land under and adjoin- ing the said Butterfield's Pond and its tributaries to the level of elevation one hundred and seventy-six feet above mean sea level, and that the Selectmen be authorized in the name of and on behalf of the Town to execute contracts for the construction of such a dam and appurtenant works, and that for that purpose the sum of $30,000.00 be appropriated, of which $10,000.00 shall be for land and flowage rights acquired; also under Article 5. VOTED: That the Selectmen be authorized to construct a conduit to enclose the North Branch of V_np Brook from the west side of Waltham Street to the junction of the North and South Branches, and that for that purpose the sum of $17,000.00 be appropriated; also under Article 6. VOTED: That the Selectmen be authorized to construct a low level sewer from a point about two hundred and ten feet ( 210') east of Hayes Lane to a point about two hundred and twenty 1feet (220 ') south of Vine Brook Road near the conduit to be construct for Vine Brook as authorized by this meeting and to acquire by purchase or by taking by eminent domain any necessary easement therefor, and that for that purpose the sum of $25,000. be appropriated; also under Article 7. VOTED: That for the purpose of meeting the appropriations voted under Articles 3 - 6 inclusive, the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow 8183,000.00, under authority of and in accordance with the provisions of Chapter 50 of the Acts of 1938 and to issue bonds or notes of the Town therefor payable in not more than fifteen years at such term and maximum rate of interest as may be fixed by the Emergency Finance Board. 1 All moneys received by way of grant from the Federal Government on account of this project shall be applied first to meet the cost of construction thereof and any balance shall be applied to the payment of the loan herein authorized. The Selectmen are hereby authorized and directed to accept on behalf of the Town, for use in carrying out such project, a Federal grant of money, pursuant to the Public Works Administra- tion Appropriation Act of 1938; and the Selectmen are authorized to proceed with the construction of said project and to enter into all necessary and proper contracts and agreements in respect there- to, all subject to applicable Federal regulations; and the Select- men are authorized to do all other acts and things necessary or convenient for obtaining said grant, making said loan, and con- structing said project. Selectman Archibald R. Giroux asks if the Town Meeting Members have any objections to acting upon the five Articles as one group. Town Meeting Members declared no objections. - General discussion b many speakers. Moderator Robert H. Holt states as long as the five Articles were acted upon as one group, if it would be agreeable with the Selectmen and the Town Meeting Members to vote on the group under one Article number, eliminating the numbers 3-4-5 & 6 calling the entire group as Article 7. Town Counsel, Sydney R. Wrightington, states it would be better to consider all as Article 3, which was approved by the Selectmen and the Town Meeting Members. The following rising vote was taken: In Favor Tellers Opposed 29 William M. Blake 5 56 Lester T. Redman 17 ._._ • 27 Roger D. Long 7 112 29 Carried 9 :34 P.M. 437 Selectman Archibald R. Giroux states he was desirous of obtaining the sense of this meeting regarding the North Lexing- ton Sewerage questionwhich was expected to be presented to the Town Meeting Members in the near future. There were no objections registered against the sense of this meeting, as not being in favor of entertaining the North Lexington Sewerage proposition. 9:45 P.M. Selectman Archibald R. Giroux moves to take up Article 13. Randall B. Houghton moving that Article 13 be indefinitely postponed. Indefinite postponement carried unanimous 9:46 P.B . Donald E. Nickerson moves to take up Article 14, offering the following: Article 14. VOTED: That the Lexington Zoning By-law be amended by substituting under Area Regulations, Section 6, a new Section 6 to read as follows:- Section 6. (a) In R.1 and R.2 Districts no dwelling shall be erected upon land laid out for house lots after the adoption of this by-law unless there be provided for each such dwelling a lot frontage of not less' than 100 feet upon the frontage street, and an area of not less than 12,500 square teet. On each side of each dwelling or other permitted main structure there shall be pro- vided a side yard of at least fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. Edward W. Kimball reads report of the Planning Board. REPORT OF THE PLANNING BOARD ON THE FOLLOWING PROPOSED AMENDMENT AS IT APPEARS UNDER ARTICLE 14 IN THE WARRANT FOR THE TOWN MEETING .TO BE HELD AUGUST 8, 1938 To see if the Town will vote to amend the Zoning By Law by adopting the following amendment thereto or take any action thereon: To substitute under Area Regulations; Section 6, a new Section 6 to read as follows:- Section 6. (a) Init.]. and R.2 Districts no dwelling shall be erected upon land laid out for house lots after the adoption of this by-law unless there be provided for each such dwelling a lot frontage of not less than 100 feet upon the frontage street, a nd an area of not less than 12,500 square feet. On each side of each dwelling or other per- mitted main structure there shall be provided a side yard of at least fifteen feet in width, which shall be kept open from the front line of the main struc- ture to the rear line thereof. This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. 4380-1 (b) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the front- - age and area shall be computed as if such bounding lines were so extended. A public hearing was held June 13, 1938 on the proposed amendment, after notices given in accordance with the Lexington By-Law; and the Board now submits a final report with recommendations to the Town. Meeting. This amendment was proposed by the Planning Board and adopted by the town at the annual Town Meeting held Marbh. 28, 1938, but was disallowed by the Attorney General, presumedly on the grounds that it differed too widely from the Article in the Warrant under which the vote was taken. Believing that this proposed change is for the best interests of the town and that it is the town's wish to adopt such provisions, the Board is presenting the amendment exactly as previously voted and recommends favorable action by the town at this time. Wm. toer Greeley Edward W. Kimball Eugene G. Kraetzer D. E. Nickerson Clem H. Fera,a.son Eugene T. Buckley offers the following amendment: that the acreage be reduced from 12,500 square feet to 10,000 square feet. General discussion. Theodore H. Custance offers the following amendment: VOTED: That the subject matter contained in Article Fourteen, berecommitted to the Planning Board for further study and a report given at a subsequent Town Meeting. Amendment as presented by Theodore A. Custance put to a vote and declared lost - 10:02 P.M. Amendment as presented by Eugene T. Buckley put to a vote and declared lost - 10:03 P.M. Motion presented by Neil McIntosh that Article 14 be indef- initely postponed. Motion for indefinite postponement declared lost 10:10 P.M. Main motion as presented voted upon as follows: 439 In Favor Tellers Opposed 23 Alan G. Adams 6 32 Rupert H. Stevens 27 24 Roger 3. Long 4 79 37 Carried 10:11 P.M. All Articles dispensed with, the Moderator, Robert H. Holt, declares the meeting dissolved. 10:12 P.M. A true record. Attest: Alt-g-c-ss / Town erk TOWN WARRANT Commonwealth of Massachusetts Middlesex, se. To either of the Constables of the Town of Lexington, in said County: Greeting: In the name of the Commonwealth of Massachusettsyou are directed to notify the inhabitants of the Town of Lexington, qualified to vote in elections and in townaffairs to meet in the Cary Memorial Building, in said Lexington, on Thursday, the 25th day of August, 1938, at eight o'clock 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 and to appoint other Committees. Article 2. To see if the Town will vote to raise and appropriate a sum of money for the purpose of acquiring land and easements and constructing a sanitary sewer, force main and pumping station for North Lexington and authorize and direct the Selectmen to accept on behalf of the town, for use in carrying out such project, a Federal grant of money pursuant to the Public Works Adminis- tration Appropriation Act of 1938; and authorize the Selectmen to construct said project and contract with respect thereto; and authorize the treasurer, with the approval of the Selectmen, to borrow such sums as may be necessary to meet any appropriation made and to use any other available funds that may be raised by taxation or appropriated for that purpose, or take any action relative thereto. Article 3. To see if tae Town will vote to acquire by right of eminent domain or otherwise the land and easements for the pur- pose of a sanitary sewer, force main and sewage pumping station for North Lexington, approximately as follows: 1. Beginning at a man hole on the existing main outlet sewer, at a point about 935 feet easterly from the junction of Grant Street and Hayes Lane thence northerly in lands now or formerly of Thomas C. Buckley , William 3. Leary, 440 0-1 Louis Leturmy, Bridget 3. McKearney et al, Angelo and Antoinette Busa, and Thomas Cavanaugh to a Private Way, thence northwesterly in said. Private Way to Grant Street, t hence northerly and north- westerly in Grant Street, Colony Road, and lands now or formerly of Elizabeth M. Burton and William B. Porter et al to Adams Street. 2. Beginning at Ades Street, thence northwesterly, westerly and southwesterly in lands now or formerly of Gustaf Lidberg, .Federal Farm Mortgage Corp., and Brooks Potter to Hancock Street. 3. Beginning at North Hancock Street, thence south- westerly and westerly in Hamilton Road, Liberty Avenue, and Ledge- lawn. Avenue to Bedford Street. 4. Beginning at Valley Road, thence northwesterly and northerly in lands now or formerly of the Town. of Lexington, and Willow Street, and lands now or formerly of Anna Dickerson and Catherine A. Kimball, and Brook Street to near Myrtle Street. 5. A parcel of land now or formerly of Frank 3. Longleway on the easterly side of Brook Street near Myrtle Street bounded on the west by Brook Street for about 100 feet and having a depth of about 100 feet. Article 4. To see if the Town will vote to appropriate funds for labor and materials on public works and for other expenses in connection therewith, to be expended by the Selectmen for Federal Emergency unemployment relief projects and to provide the money by the issue of notes or bonds of the Town in accordance with-Chapter 58, of the Acts of 1938, or take any action relative thereto. Article 5. To see if the Town will authorize the Selectmen to enter into an agreement on behalf of the Town' of Lexington with the Town of Arlington to provide cooperation between the two towns in the matter of- connection of sewers in Lexington with Town of Arlington sewers, and the connection -of sewers in Arlington with Town of Lexington sewers, or take any action relative thereto. Article 6. To see' if the Town will vote to appropriate and transfer sums froom_ available funds to the following accounts: Parka Department, Personal Services Cary Library, Personal Services 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 bccruis at Lexington, this twelfth day of August, A. D. 1938. ARCHIBALD R. GIROUX MAJORITY OF ALBERT A. ROSS SELEdRMEN WILLIAM G. POTTER OF A. EDWARD ROVWSE LEXINGTON 441 August 17th, 1938 To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in town, and by mailing a printed copy of the same to every registered voter in the Town eight days before the time of said. meeting. Attest: Patrick J. Maguire Constable of Lexington SPECIAL TOWN MEETING HELD AUGUST 25, 1938 The meeting was called to order at 8:14 P.M. by the Town Clerk, James 3. Carroll, account the Moderator, Robert H. Holt, being absent. Town Clerk James J. Carroll stated it would be in order to elect a Moderator Pro-Tem for the meeting. It was voted to ?rake nominations from tile floor for Mod- erator Pro-Tem for the meeting. The nomination was made of Mr. Ferguson for Moderator Pro- Tem, which was not seconded, whereby the Town Clerk declared the nomination not in order. Selectman Archibald R. Giroux makes the nomination of Senator Joseph R. Cotton for Moderator Pro-Tem, which Was second- ed. Motion made and seconded nominations be closed, and so voted - 8:15 P.M. Senator Joseph R. Cotton was unanimously elected as Moder- ator Pro-Tem for the meeting - 8:15 P.M, The Moderator Pro-Tem, Joseph R. Cotton, was sworn to the faithful performance of his duties by -the Town Clerk, James 3. Carroll. 8:16 P.M. The Town Clerk read the warrant for the meeting, until upon motion of Selectman Archibald R. Giroux, further reading of the warrant was waived. The Town Clerk read the Officer's return of the warrant. 8:17 P.M. Robert C. Merriam, Chairman of the Appropriation Committee, moved to take up Article 1, submitting the Appropriation Com- mittee's Report, moving that said report be accepted and placed on file, which was voted unanimously - 8:19 P.M. Robert C. Merriam, Chairman of the Appropriation- Committee, read the Appropriation Committee's recommendations of the various articles for the meeting. 8:28 P.M. 442 Selectman Archibald R. Giroux moves to take up Articles 2 and 3 together, no objections from the meeting, presenting Article 2 as follows: Article 2. VOTED: For the purpose of acquiring land and ease- ments and constructing a sanitary sewer, force main and pumping station for North Lexington and to enable the town to secure the benefits of funds granted by the Federal Government under the Public Works Administration Appropriation Act of 1938, there be raised and appropriated the sum of $154,000. ( one hundred and fifty-four thousand dollars) and the treasurer, with the approval of the Selectmen be and hereby is authorized to borrow the sum of $90,000. and to issue bonds or notes of the town therefor, under authority of and in accordance with the provisions of Chapter 50 of the Acts of 1938, said bonds or notes to be payable in not more than fifteen years at such term and maximum rate of interest as may be fixed by the Emergency Finance Board. All moneys received by way of grant from the Federal Government on account of this project shall be applied first to meet the cost of construction thereof and any balance shall be applied to the payment of the loan herein authorized. The Selectmen are hereby authorized and directed to accept on behalf of the town, for use in carrying out such pro- ject, a Federal grant of money, pursuant to the Public Works Administration Appropriation Act of 1938; and the Selectmen are authorized to proceed with the construction of said project and to enter into all necessary and proper contracts and agreements in r espect thereto, -all subject to applicable Federal regula- tions; and the Selectmen are authorized to do all other acts and things necessary or convenient for obtaining said grant, making said loan, and constructing said project. - - presenting Article 3 as follows: Article 3. VOTED: To authorize the Selectmen to acquire the land and easements by right of eminent domain or otherwise on behalf of the Town for a sanitary sewer, force main and sewage pumping station as follows: 1. Beginning at a man hole on the existing main outlet sewer, at a point about 935 feet easterly from the junction of Grant Street and Hayes Lane, thence northerly in lands now or formerly of Thomas C. Buckley, William J. Leary, Louis Leturmy, Bridget J. McKearney et al, Angelo and Antionette Busa, and Thomas Cav- anaugh to a Private Way, thence northwesterly in said Private Way to Grant Street, thence northerly and northwesterly in Grant Street, Colony Road, and lands now or formerly of Elizabeth M. Burton and William B. Porter et al to Adams Street. 2.. Beginning at Adams Street, thence northwesterly, westerly and Southwesterly in lands now or formerly of Gustaf Lidberg, Federal Farm Mortgage Corp., and Brooks Potter to Hancock Street. 3. Beginning at North Hancock Street, thence southwesterly and westerly in T-Tmilton Road, Liberty Avenue, and Ledgelawn Avenue to Bedford Street. 4. Beginning at Valley Road, thence northwesterly and northerly in lands now or formerly of the Town of Lexington and Willow Street, and lands now or formerly of Anna Dickerson and Catherine A. Kimball, and Brook Street to near Myrtle Street. 5. A parcel of land now or formerly of Frank J. Longleway on the easterly side of Brook ,street near Myrtle Street bounded on the west by Brook Street for about 100 feet and having a depth of about 100 feet, and to appropriate 0000.00 therefor to be in- eluded in the amount raised under Article 2. Selectman Archibald R. Giroux asks permission for Superin- tendent of Public Works, John W. Raymond, Jr., to take the floor. No objections. _ Eugene T. Buckley asks if a quorum is necessary. Moderator Pro-Tem, Joseph. R. Cotton, asks Mr. Buckley if he was raising the question of a quorum. -- ------ ------- 443 Mr. Buckley states he was not, and withdraws any objections to the meeting. Explanations of the Articles by Selectman Archibald R. Giroux and Superintendent of Public Works, John. W. Raymond, Jr. 9:08 P.M. Explanations by Robert C. Merriam, Chairman of the Appropria- tion Committee. 9:11 P.M. Discussion by several speakers. Robert C. Merriam, Chairman of the Appropriation Committee, moves that Articles 2 and 3 be indefinitely postponed. 9:26 P.M. Neil McIntosh raises the question of a quorum being present, whereby the Moderator Pro-Tem appoints the following tellers to take the count of the Town Meeting Members present as follows: George.W. Sarano 24 Winfield S. Caouette 46 Charles E. Ferguson 25 95 9:27 P.M. whereby it was declared the quorum was not completed. Eugene T. Buckley asks if it would be possible for Neil McIntosh to withdraw his action. 9:29 P.M. Moderator Pro-Tem states withdrawal of Mr. McIntosh's action impossible. 9:29 P.M. William R. .Greeley suggests a recess of fifteen or twenty minutes in order to get some more Town. Meeting Members. 9:30 P.-M. - - - Moderator Pro-Tem declares a recess until 9:45 P.M. Meeting resumed at 9:57 P.M., the same tellers making the following count of the Town Meeting Members present. George W. Sarano 27 Winfield S. Caouette 75 Charles E. Ferguson 29 131 9:58 P.M. Correction offered by Eugene T. Buckley, that the count of Mr. Caouette was 55 instead of 75. Mr. Caouette stated 55 was correct, which made the count as follows: George W. Saran° 27 Winfield S. Caouette 55 Charles E. Ferguson 29 111 9:59 P.M. Motion of Robert C. Merriam for indefinite postponement of Articles 2 and 3 put to voice vote and declared lost at 10:00 P.I . Main motion under Article 2 as presented, put to a vote as follows: In Favor Tellers 0 osL3. 15 George W. Saran° 35 Winfield S. Caouette 121 20 Charles E. Ferguson 5 70 28 Carried 10:03 P.M. 444 Article 3 put to a vote as presented, carried unanimous 10:04 P.M. Selectman Archibald R. Giroux moves to take up Article 4, offering the following: Article 4, VOTED: For expenses for labor and materials on public works and for other expenses in connection therewith, for Federal Emergency Unemployment relief projects there. be raised and appropriated the sum of $13,000.00 a the town treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow said money and to issue bonds or notes of the town therefor under authorityof and in accordance with the provisions of Chapter 58 of the Acs of 1938, said bonds or notes to be pay- able in not more than two years. Robert C. Merriam offers the following amendment: "said bonds or notes to be payable in not more than one year." Amendment carried unanimous 10:13 P.M. Article 4 presented with amendment, carried unanimous 10:13 P.M. Selectman Archibald R. Giroux moves to take up Article 5, offering that Article 5 be indefinitely postponed, which was carried unanimous - 10:14 p.M. Selectman Archibald R. Giroux moves to take up Article 6, offering the following: Article 6. VOTED: That the sum of $173.17 be appropriated and transferred from the Park Department - Wages and Expenses Account to the Park Department - Personal Services Account: and rUATIltai VOTED: That the balance of the article be indefinitely postponed. Article 6 as presented, carried unanimous 10:14 P.M. All articles being disposed with, the Moderator Pro-Tem declared the meeting be dissolved. Unanimous 10:15 P.M. A true record. Attest: fl �... ,F / - . , � / Town C k 445 AUGUST 25, 1938 James J. Carroll, Town Clerk called a special meeting of the Town Meeting Members of Precinct 2 for the purpose of electing two Town Meeting Members to fill unexpired terms. Account being Unable to get a quorum, the meeting and election was cancelled. AUGUST 25, 1938 James J. Carroll, Town Clerk, called a special meeting of the Town Meeting Members of Precinct 3 for the purpose of electing one Town Meeting Member to fill an unexpired term. Account being unable to get a quorum, the meeting and election was cancelled. SPECIAL MEETING OF TOWN Ir1EETING MEMBERS PRECINCT 4 A special meeting of Town Meeting Members of precinct 4 was held August 25, 1938 at Cary Memorial Building. Meeting was called to order by James J. Carroll, Town Clerk. Elmer C. Houdlette was elected Chairman, and Norton T. Hood, Secretary. Alfred Kargaard of 226 Lincoln Street was elected as Town Meeting Member, term expiring 1940. William Russell Rosenberger of 2139 Massachusetts Avenue was elected Town Meeting Member, term expiring 1941. Voted to adjourn. Respectfully submitted, S/ Norton T. Hood Secretary September 8, 1938 James 3. Carroll Town Clerk Lexington, Mass. Dear Sir: I, Alfred Kargaard of 226 Lincoln Street, Lexington, do hereby accept my election as a Town Meeting Member of Precinct Four, term ending March 1940. Alfred Kargaard 446 0-1 September 8, 1938 James J. Carroll Town Clerk Lexington, Mass. Dear Sir: I, William R. Rosenberger of 2139 Massachusetts Avenue, Lexington, do hereby accept my election as a Town Meeting Member of Precinct Four, term ending March 1941. — William R. Rosenberger WARRANT FOR STATE PRIMARY The Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, Greeting: In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to meet in the Adams School, East Lexington (Precinct One) , and Cary Memorial Hall, Lexington Center, ( Pre- cinct Two, Three and Four) -- TUESDAY, THE TWENTIETH DAY OF SEPTEMBER, 1938 at 8:00 o'clock, A. M., for the following purposes: To bring in their votes to the Primary Officers for the Nom- ination of Candidates of Political Parties for the following officers: Governor for this Commonwealth Lieutenant Governor for this Commonwealth Secretary of the Commonwealth for this Commonwealth Treasurer and Receiver-General for this Commonwealth Auditor of the Commonwealth. for this Commonwealth Attorney General for this Commonwealth Representative in Congress for 5th Congressional District Councillor for 6th Councillor District Senator for 7th Middlesex Senatorial District Two Representatives in General Courtfor 28th Middlesex Repre- sentative District District Attorney, for Middlesex DistrictCounty SheriffCommissioner for Middlesex County for Middlesex County — VACANCY Clerk of Courts for Middlesex County And for the Election of the following officers: 1 DELEGATES TO THE STATE CONVENTION OF TEE DEMOCRATIC PARTY. 12 DELEGATES TO THE STATE CONVENTION OF THE REPUBLICAN PARTY. 447 The polls will be open from 8:00 o'clock A. M. to eight o'clock P.M. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting. Given under our hands this 6th day of September, A. D. 1938. ARCHIBAlD R. GIROUX BOARD OF ALBERT A. ROSS SELECTMEN PHILIP M. CLARK OF THE A. EDWARD ROWSE TOWN OF WILLIAM G. POTTER LEXINGTON September 12, 1938. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to 7' every registered voter in the Town seven days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington L _ 448 CR STATE PRIMARY ELECTION September 20, 1938 • The following election officers had been appointed by the Selectmen and were assigned to duty at the four precincts as follows: Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Bartlett J. Harrington Inspector Lucius Austin George Foster Inspector Randall Richards Mary E. Stankard Clerk John H. Dacey "— Mary A. Rowland Teller Arthur L. Hanson Donald Cameron Teller Edward McGrory Pauline Bartlett Teller Elizabeth Nourse George Stygles Teller Madeline J. Corbett Edith Kew Teller William S. Bramhall Arthur W. Hughes Teller Helen McCaffrey L. Ellsworth Pierce Teller Jesse Condinho Constance L. Thompson Teller G. Warren Butters, Jr. Precinct Three Precinct Four Hiram W. Jackson Warden Howard E. Custance Frederick H. Tullar Inspector William E. Mulliken Charles E. Moloy, Jr. Inspector Katherine Kiernan John McKearney Clerk Frank Maguire Emma Hovey Teller James J. Waldron William H. Stevenson Teller George A. Bullock Henry Meade Teller Charles P. McEnroe John Corcoran Teller Carl Hauck Victor H. Harmon Teller Robert L. Lowe Esther Graham Teller Agnes Hall John J. McCormack Teller Robert Cady r Samuel Wellington Teller Madeline Peterson Town Clerk James J. Carroll read the Warrant for the State Primary until further reading was waived by motion of Irving B. Pierce, which was seconded and declared a unanimous vote. The polls were declared open in each precinct at eight A.M., and remained open in each precinct until eight P.M., at which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties by the Town Clerk, James J. Carroll. The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters was 5238 ( five thousand two hundred thirty-eight.) Precinct 1. Total number of voters: 1426 Fourteen hundred twenty-six Precinct 2. Total number of voters: 1228 Twelve hundred twenty-eight Precinct 3. Total number of voters: 1267 Twelve hundred sixty-seven Precinct 4. Total number of voters: 1317 Thirteen hundred seventeen The Town Clerk and Board of Registrars canvassed the result as follows: Pre. 1. Rep. 581 Dem. 113 Union 1 Total votes cast 695 Six hun- `. dred ninety-five (At the close of the polls the register of the ballot box stood at 0696. Box caught at 198 and recorded twice.) Pre. 2. Rep. 631 Dem. 82 Union 0 Total votes cast 713 Seven hundred thirteen Pre. 3, Rep. 562 Dem. 93 Union 1 Total votes cast 656 Six hun- dred fifty-six Pre. 4. Rep. 524 Dem. 89 Union 2 Total votes cast 615 Six-hun- dred fifteen (At the close of the polls the register of the ballot box stood at 616. The Ballot Box registered twice on one Ballot.) Total vote cast: 2679 Two thousand six hundred seventy-nine 449 REPUBLICAN Governor Prec. 1. Prec. 2. Prec . 3. Prec . 4. Total Frederick Butler 15 6 11 7 39 WilliamH. McMasters 82 42 16 52 192 Leverett Saltonstall 423 532 498 419 1872 Richard Whitcomb 31 40 29 37 137 Blanks 30 11 8 9 58 Total 581 631 562 524 2298 I Lieutenant Governor Dewey G. Archambault 33 36 23 44 136 Horace T. Cahill 111 116 122 101 450 J. Watson Flett 176 166 168 130 6406 Charles P. Howard 95 145 135 97 72 Kenneth D. Johnson 79 88 68 87 322 Robert Gardiner Wilson, Jr. 37 38 22 33 130 Blanks 50 42 24 32 148 Total 581 631 562 524 2298 Secretary Frederic W. Cook 486 578 525 471 2060 Blanks 95 53 37 53 238 Total 581 631 562 524 2298 Treasurer William E. Hurley 320 355 351 267 1293 Alonzo B. Cook _ 192 212 160 205 769 John J. Hurley 12 13 17 9 51 Blanks 57 51 34 43 185 Total 581 631 562 524 2298 Auditor Carl D. Goodwin 115 118 128 131 492 Russell A. Wood 348 413 355 298 1414 Blanks 118 100 79 95 392 Total 581 631 562. 524 2298 Attorney General Howe Coolidge Amee 204 224 224 218 870 Clarence A. Barnes 149 200 167 130 646 Frank F. Walters 82 75 66 71 294 Blanks 146 132 105 105 488 Total 581 63.1 562 524 2298 Congressman Edith Nourse Rogers 510 579 525 489 :2103 Blanks 71 52 37 35 195 Total 581 631 562 524 2298 Councillor 1 __+ Eugene A. F. Burtnett 281 316 291 247 1135 Joseph George Bates 65 66 61 67 259 1 Frederick E. Bean 66 86 66 57 275 Walter A. Raney 12 9 14 8 43 Orvis H. Saxby 19 24 16 33 92 Blanks 138 130 114 112 494 Total 581 631 562 524 2298 450 cp 1 Senator X Pre. 1. Pré. 2. Pre. 3. Pre. 4. Total Joseph R. Cotton . 486 571 530 482 2069 Joseph LaBelle 42 29 14 23 108 Blanks 53 31 18 19 121 Total 581 631 562 524 - 2298 Representative in General Court Nelson B. Crosby 155 214 206 167 742 Hollis M. Gott 204 203 185 128 720 . Carl A. Everberg 93 92 83 83 351 — Charles E. Ferguson 460 479 459 423 1821 Blanks 250 274 191 247 -1D62 Total 1162 1262 1124 1048 4596 District Attorney Warren L. Bishop 219 175 176 190 760 Robert F. Bradford 305 407 367 296 1375 Blanks 57 49 19 38 163 Total 581 631 562 524 2298 County Commissioner Smith J. Adams 19 16 6 23 64 Thomas H. Braden 50 51 53 41 195 Charles H. Brown 49 110 108 50 317 Ernest J. Chisholm 22 19 17 20 78 Byrle J. Osborn 9 8 4 8 29 George Wyman Pratt 34 40 13 34 121 Charles C. Warren 265 274 271 245 1055 Blanks 133 113 90 103 439 Total 581 631 562 524 2298 Sheriff Joseph M. McElroy 476 543 491 444 1954 Blanks 105 88 71 80 344 Total 581 631 562 524 2298 Clerk of Courts Edward J. Hamilton 113 101 84 94 392 Frederic L. Putnam 345 421 394 333 1493 Blanks 123 109 84 97 413 Total 581 631 562 524 2298 Delegates to State Convention . John D. Collins 408 475 445 371 1699 Martha C. Spaulding 440 498 456 397 179.1 George P. Morey 389 475 448 373 1685 Harry F. Howard 395 473 444 385 1697 Dorothy Teague Taylor 406 487 450 396 1739 Clyde E. Steeves 397 491 460 401 1749 Edward W. Taylor 403 479 464 393 1739 Albert H. Burnham 422 498 469 400 1789 Guyetta G. Broderic 387 474 457 380 1698 James W. Smith 405 488 466 375 1734 — Clayton A. Hilliard 401 480 446 375 1702 Hazen W. Hamlin 405 492 454 395 1746 William LeGoff 1 0 00 0 1 Blanks 2113 1762 1285 1647 6807 Total 7072 7572 6744 5288 27576 451 DEMOCRATIC Governor Pre. 1. Pre. 2. Pre. 3. Pre. 4. Total Charles F. Hurley 33 42 41 34 150 James M. Curley 53 22 36 32 143 Francis E. Kelly 16 9 11 13 49 Richard M. Russell 8 9 4 5 26 Blanks 3 0 I 5 9 Total 113 82 93 89 377 — Lieutenant Governor James Henry Brennan 36 31 29 36 132 Edward T. Collins 23 7 26 15 71 Alexander F. Sullivan 9 8 8 8 33 Joseph C. White 26 21 13 17 77 William P. Yoerg 5 3 4 1 13 Blanks 14 12 13 12 51 Total 113 82 93 89 377 Secretary Iiilliam J. Ahearne 11 7 13 12 43 John M. Bresnahan 11 4 10 8 33 Henry Clay 9 3 6 6 24 Katherine A. Foley 20 26 22 27 95 William F. Sullivan 23 15 17 3 58 John H. Wallace 10 6 4 4 24 Blanks 29 21 21 29 100 Total 113 82 93 89 377 Treasurer _ William F. Barrett 12 9 13 12 46 Ernest Joseph Brown 10 2 5 5 22 William H. Burke., Jr. 8 6 7 5 26 _ l Joseph W: Doherty 20 12 10 10 52 Owen Gallagher 20 17 17 22 76 John Frederick Harkins 3 3 2 0 8 Daniel J. Nonan 1 5 6 4 16 John J. McGrath 14 Il 6 10 41 Blanks 25 17 27 21 90 Total 113 82 93 89 377 Auditor Thomas H. Buckley 58 48 68 58 232 John J. Barry 16 11 4 8 39 Leo D . Walsh 18 8 6 9 41 Blanks 21 15 15 14 65 Total ll3 82 93 89 377 Attorney General Paul A. Dever 9Z 62 71 72 296 Blanks 22 20 22 17 81 •--� Total 113 82 93 89 377 -__ Congressman Francis J. Roane 75 54 51 61 241 Blanks 38 28 42 28 136 Total 113 82 93 89 377 i 452 Councillor c Pre.l. Pre. 2. Pre. 3. Pre. 4. Total Thomas J. Brady 8 11 7 2 28 Edward Brennan 3 0 5 5 13 James J. Brennan 18 9 9 9 45 Michael Catino 2 3 1 2 8 Edward J. Coughlin 1 1 2 4 8 James M. Curley 8 4 3 2 17 Walter A. Hodgdon 3 2 2 1 8 John M. Hurley 13 14 15 14 56 William P. McGarry 0 0 0 1 1 Thomas F. McGrath 6 6 2 4 18 — William McMahon 0 2 1 0 3 Edward H. O'Connor 1 0 2 1 4 Edward A. Rose 9 3 11 14 37 John F. Sullivan 9 1 6 3 19 Raymond A. Willett, Jr. 8 3 3 3 17 Blanks 24 23 24 24 95 Total 113 82 93 89 377 Senator William D. Dacey 23 20 21 20 84 Edward L. Harley 12 5 8 7 32 Joseph LaBelle 6 7 6 8 27 P. Harold Ready 42 26 28 25 121 Blanks 30 24 30 29 113 Total 113 82 93 89 377 Representative in General Court Edgar T. Chester 32 19 21 19 91 Joseph. J. Delaney 54 32 31 41 158 Albert D. Leary 50 34 37 33 154 r - Blanks 90 79 97 85 351 Total 226 164 186 178 754 District Attorney James J. Bruin 11 13 10 9 43 Joseph V. Carroll 36 27 30 33 126 George A. McLaughlin 40 19 19 22 100 Blanks 26 23 34 25 108 Total 113 82 93 89 377 County Commissioner Thomas B. Brennan 46 35 35 44 160 Raymond Brennan 9 6 4 2 21 James J. Carragher 3 1 3 2 9 Ralph F. Champey 8 8 2 7 25 Hugh F. Farley 8 3 9 9 29 Byrle J. Osborn 6 1 2 3 12 Blanks 33 28 38 22 121 Total 115 82 93 89 377 Sheriff Michael J. Dee 42 30 40 45 157 Michael De Luca 8 5 6 3 22 — James F. Hennessey 16 8 6 6 36 Clement Gregory McDonough 5 4 1 2 12 William H. Walsh 15 15 12 14 56 Blanks 27 20 28 19 94 Total 113 82 93 89 377 453 Clerk of Courts Pre. 1. Pre. 2. Pre. 3. Pre. 4. Total Edward L. Ford 75 57 58 56 246 Blanks 38 25 35 33 131 Total 113 82 93 89 377 Delegate to State Convention Eugene T. Buckley 81 65 76• 65 287 --- John F. Canessa 1 0 0 0 1 Francis E. Burke 0 0 0 1 1 Blanks 31 17 17 23 88 Total 113 82 93 89 377 UNION PARTY Governor 1 0 1 2 4 No other ballots cast for any other office on the ballot. Precinct One, the ballot cast was declared defective. Precinct Three, the ballot cast was declared defective. Precinct Four, the two ballots cast were declared defective. A true record. Attest: own Cler 454 0-11 'ARRANT FOR STATE ELECTION r 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 you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Elections to meet in ADAMS SCHOOL, East Lexington ( Precinct 1) CARY MEMORIAL BUILDING, Lexington Center ( Precinct 2, Precinct 3, and Precinct 4) on TUESDAY, the EIGHTH day of NOVISER 1938, at eight o'clock A.M. to cast their ballots for the following officers: Governor; Lieutenant Governor; Secretary; Treasurer; Auditor; Attorney General; Congressman; Councillor; Senator; Two Represent- atives in General Court; District Attorney; County Commissioner; Sheriff; One Clerk of Courts ( to fill vacancy) . And to take action on the following questions: QUESTION NO. 1. PROPOSED AMEND1ENT _TO THE CONSTITUTION. Shall an amendment to the Constitution providing for biennial sessions of the General Court and for a biennial budget which is further described as follows:-- This amendment annuls all existing provisions of the Consti- tution and its prior amendments which require annual sessions of the General Court, commonly known as the Legislature, and provides for biennial sessions in their place, It also provides that the budget of all proposed expenditures of the Commonwealth shall be so prepared as to cover two fiscal years instead of only one as at present required, - which proposed amendment was approved by the General Court and in a joint session of the two branches held May 27, 1936, received 141 votes in the Yes affirmative and 117 in the negative, and in a joint session of the two branches held May 19, 1937, re- No ceived 158 votes in the affirmative and 112 in the negative, - be approved? QUESTION NO. 2. LAW PROPOSED BY INITIATIVE PETITION. Shall the proposed measure which provides that in any city or town which accepts its terms, the licensing authorities shall establish free public taxicab stands for the use of all taxicabs and motor vehicles for hire whose owners are licensed within such city or town, and shall abolish all other forms- of taxicab stands on any public highway within such city Yes or town, - which was disapproved in the House of Rep- resentatives by a vote of 96 in the affirmative and No 109 in the negative and in the Senate by a vote of 4 in the affirmative and 35 in the negative, - be = approved? To obtain a fall expression of opinion, voters should vote on all three of the following questions:- (a) If a voter desires to permit the sale in this city ( or town) of any and all alcoholic beverages to be drunk on and off the premises where sold., he will vote "YES" on all three questions. (b) If he desires to permit the sale herein of wines and malt beverages only to be drunk on and off the premises where sold he will vote "NO on question one, "YES"' on question two and "NOn on question three. _ 1 - — 455 (c) If he desires to permit the sale herein of all alcoholic beverages but only in packages, so called, not to be drunk on the premises where sold, he will vote "NO" on questions one and two and "YES" on, question three. _ (d) _ If he desires to permit the sale herein of wines and malt beverages to be drank on and off the premises where sold and in addition other alcoholic beverages but only in packages, so called, not to be drunk on the premises where sold, he will vote "NO" on question one and "YES" on questions two and three. ( e) If he desires to prohibit the sale herein of any and all .e alcoholic beverages whether to be drunk on or off the premises where sold, he will vote "NO" on all three questions. 1. Shall licenses be granted in this city ( or town) for the sale therein of all alcoholic beverages (whiskey, Yes rum, gin, malt beverages, wines and all other alcoholic No beverages) ? 2. Shall licenses be granted in this city ( or town) yes for the sale therein of wines and malt beverages (wines and beer, ale and all other malt beverages) ? No ' 3. Shall licenses be granted in this city ( or town) yes for the sale therein of all alcoholic beverages in pack- ages, so-called, not to be drank on the premises? No 1. Shall the' pari-mutuel system of betting on licensed Yes horse races be permitted in this county? No 2. Shall the pari-mutuel system of betting on licensed Yes dog races be permitted in this county? No QUESTION OF PUBLIC POLICY "Shall the Representatives of this District be instructed to urge and support;. all efforts to relieve this =Commonwealth by urging through every lawful means upon Congress the adoption of legislation designed to provide for ALL United States Citizens the privilege of retiring after the age of sixty years from gainful occupation upon a federal annuity that shall maintain them EQUALLY upon living standards equal to whatever general contemporary standards of living at any time prevail; said system of security to be provided by appropriate Yes national taxation designed to effect an increase there- No by or purchasing power throughout the Nation?" QUESTION OF PUBLIC POLICY "Shall the Representative to the General Court from this district be instructed to vote in favor of legislation Yes barring from employment, in the public service, married No women whose husbands are employed?" The polls will be open at 8:00 A. M. and will remain open until 8:00 P.M. 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. 456 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 hems, at Lexington, this twenty-fifth day of October, A. D., 1938. ARCHIBALD R. GIROUX -' A. EDWARD ROWSE SELECTMEN PHILI1 M. CLARK OF WILLIAM G. POTTER LEXINGTON ALBERT A. ROSS October 31, 1938. To the Town. Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington 457 STATE ELECTION November 8, 1938 The following election officers had been appointed by the Selectmen .and were assigned to duty at the four precincts -as follows: Precinct One Precinct Two Charles Dailey Warden Irving B. Pierce Bartlett-J. Harrington Inspector Lucius A. Austin George E. Foster Inspector Randall Richards Mary E. Stankard Clerk John H. Dacey Mary A. Rowland - Teller - Arthur L. Hanson Julia L. Deacon Teller Elizabeth B. Nourse Pauline E. Bartlett Teller Madeline 3. Corbett George F. Stygles. Teller Edward B. O?Connor Frpnlr A. Cook Jr. Teller William S. Bramhall Constance L. Thompson Teller Helen A. McCaffrey L. Ellsworth Pierce Teller Jesse E. Condinho Arthur Hughes Teller Edward McGrory Additional officers Additional officers added by Warden added by Warden Edith T. Kew Teller Victor H. Harmon Frances Harrington Teller Mary E. Manley Frederick L. Murphy Teller Richard E. Truesdell Teller Precinct Three Hiram W. Jackson Warden Howard E. Custance Frederick H.. Tillar Inspector William E. Mulliken Charles E. Moloy, Jr. Inspector Katherine E. Kiernan John F. McKearney Clerk Frank H. Maguire John Corcoran Teller James J. Waldron Agnes E. Richards Teller George A. Bullock Samuel W. Wellington Teller Charles P. McEnroe Emma Hovey _ Teller Carl Hauck John J. McCormack Teller Mary Gaynor Henry P. Meade Teller Agnes G.-Hall William H. Stevenson Teller Robert Cady Esther P, Graham Teller Madeline Peterson Teller Caroline Deloury Additional officers Teller Mary Spellman added by Warden Clarence E. Coilieson Teller Margaret E. Kinneen ' Teller Town Clerk James J. Carroll read the Warrant for the State Election until further reading was waived by motion of Irving B. Pierce, which was seconded and declared a unanimous vote. The polls were declared open in each precinct at eight A. M., and remained open in each precinct until eight P.M., at which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used: The total registration of- voters was 5737 (five thousand seven hundred thirty-seven) . Precinct 1. Total number of voters: 1563 Fifteen hundred sixty-three Precinct 2. Total number of voters: 1318 Thirteen hundred eighteen Precinct 3. Total number of voters: 1389 Thirteen hundred eighty-nine Precinct 4. Total number of voters: 1467 Fourteen hundred sixty-seven 458 cn r The Town Clerk and Board of Registrars canvassed the result as follows: Precinct 1. Ballots cast: 1389 Thirteen hundred eighty-nine Precinct 2. Ballots cast: 1203 Twelve hundred three Precinct 3. Ballots cast: 1236 Twelve hundred thirty-six Precinct 4. Ballots cast: 1276 Twelve hundred seventy-six (At the close of the polls the register of the ballot box stood at 1278. The Ballot Box registered twice on two ballots.) Total vote cast: 5104 Fifty-one hundred and four Governor Pre. 1 Pre.2 Pre. 3 Pre. 4 Total Henning A. Blomen 4 3. 0 0 5 Roland S. Bruneau 0 0 2 0 2 Jeffrey W. Campbell 2 4 4 2 12 James M. Curley 418 219 282 266 1185 William A. Davenport 0 0 3 2 5 Otis Archer Hood, 1 1 1 1 4 Charles L. Manser 0 1 0 1 2 William H. McMasters 1 7 1 3 12 Leverett Saltonstall 954 956 936 979 3825 George L. Thompson 0 0 0 2 2 Blanks 9 14 7 20 50 Total 1389 1203 1236 1276 5104 Lieutenant Governor Manuel Blank 4 2 4 1 11 James Henry Brennan 415 229 270 291 1205 Horace T. Cahill 930 944 934 951 3759 Freeman W. Follett 8 1 4 • 5 18 Joseph F. Massidda 5 3 3 3 14 George L. McGlynn - 4 2 3 0 9 Blanks 23 22 18 25 88 , Total 1389 1203 1236 1276 5104 Secretary Frederic W. Cook 977 974 955 972 3878 Hugo DeGregory 2 2 2 5 11 Katherine A. Foley 363 203 250 265 1081 Eileen O'Connor Lane 5 3 5 3 16 Malcolm T. Rowe '7 2 2 2 13 Blanks 35 19 22 29 105 Total 1389 1203 1236. 1276 5104 Treasurer Frank L. Asher 3 1 1 2 7 Albert "Sprague Coolidge 6 6 5 8 25 Owen Gallagher 351 194 238 232 1015 . John J. Hurley 12 9 9 14 44 William E. Hurley 978 967 950 986 3881 Ralph P i rove 2 3 2 2 9 Blanks 37 23 31 32 123 Total 1389 1203 1236 1276 5104 Auditor Thomas H. Buckley 432 249 288 292 1261 Michael C. Flaherty 8 4 5 6 23 Horace I. Hillis 3 3. 1 2 - 7 Michael Tuysuzian 0 3. 1 2 - 4 Guy S. Williams 3 9 4 11 27 Russell A. Wood 894 902 908 923 3627 Blanks 49 37 29 40 155 Total 1389 1203 1236 1276 5104 459 Attorney General Clarence A. Barnes 776 828 841 852 3297 Paul A. Dever 561 351 365 386 1663 Joseph C. Figueiredo 3 1 1 3 8 George F. Hogan 1 0 1 3 5 Alfred Baker Lewis 6 9 6 5 26 Fred E. Oelcher 3 1 0 0 4 Blanks 39 13 22. 27 101 Total 1389 1203. 123.6. 1276 5104 L. Congressman Francis J. Roane 282 176 200 208 866 Edith Nourse Rogers 1073 1002 1011 1037 4123 Blanks 34 25 25 31 115 Total 1389 1203 1236 1276 5104 Councillor Eugene A. F. Burtnett 857 898 884 886 3525 Edward A. Rose 466 244 291 320 1321 Blanks 66 61 61 70 258 Total 1389 1203 1236 1276 5104 Senator Joseph R. Cotton 976 941 935 950 3802 P. Harold Ready 372 234 261 286 1153 Blanks 41 28 40 40 149 Total 1389 1203 1236 1276 5104 presentatives in General Court 7- Nelson. B. Crosby 822 876 873 879 3450 Joseph J. Delaney 377 247 271 290 1185 Hollis M. Gott 734 760 753 751 2998 Albert D. Leary 424 216 232 258 1130 Blanks 421 307 343 374 1445 Total 2778 2406 2472 2552 10208 District Attorney Robert F. Bradford 918 949 942 937 3746 Joseph V. Carroll 416 230 260 294 1200 BDRnks 55 24 34 45 158 Total 1389 1203 1236 1276 5104 County Commissioner Thomas B. Brennan 409 251 266 293 1219 Sylvester J. McBride 12 9 48 8 77 Charles C. Warren 891 907 875 914 3587 Blanks 77 36 47 61 221 Total 1389 1203 1236 1276 5104 7 Sheriff Oliver W. Anderson 10 5 8 9 32 Michael 3. Dee 367 214 252 267 1100 Herbert Harris 14 2 4 9 29 Joseph M. McElroy 944 941 940 939 3764 Blanks 54 41 32 52 179 Total 1389 1203 1236 1276 5104 Clerk of Courts Edward L. Ford 419 238 271 295 1223 Frederic L. Putnam 897 922 917 921 3657 Blanks 73 43 48 60 224 Total 1389 1203 1236 1276 5104 460 01 QUESTION NO. 1 PROPOSED AMENDMENT TO THE CONSTITUTION " BIENNIAL SESSION Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Yes 611 585 612 564 2372 No 381 336 309 367 1393 Blanks 397 282 315 345 1339 Total 1389 1203 1236 1276 5104 QUESTION NO. 2 LAW PROPOSED BY INITIATIVE PETITION —a TAXICAB STANDS __Yes 518 382 414 498 1812 No 583 605 618 562 2368 Blanks 288 216 204 216 924 Total 1389 1203 1236 1276 5104 LIQUOR LICENSE NO. 1 Yes 473 281 289 368 1411 No 720 758 803 738 3019 Blanks 196 164 144 170 674 Total 1389 1203 1236 1276 5104 LIQUOR LICENSE NO. 2 Yes 491 341 340 401 1573 No 671 684 733 682 2770 Blanks 227 178 163 193 761 Total 1389 1203 1236 1276 5104 LIQUOR LICENSE NO. 3 Yes 818 615 688 701 2822 No 442 474 438 454 1808 Blanks 129 114 110 121 474 -- Total 1389 1203 1236 1276 5104 PARI-MUTUEL SYSTEM NO. 1 HORSE RACES Yes 659 478 525 546 2208 No 548 550 557 570 2225 Blanks 182 175 154 160 671 Total 1389 1203 1236 1276 5104 PARI-MUTUEL SYSTEM NO. 2 DOG RACES Yes 525 366 413 434 1738 No 632 632 640 662 2566 Blanks 232 205 183 180 800 Total 1389 1203 1236 1276 5104 QUESTION OF PUBLIC POLICY FEDERAL ANNUITY Yes 837 609 663 739 2848 No 218 309 297 244 1068 Blanks 334 285 276 293 1188 Total 1389 1203 1236 1276 5104 QUESTION OF PUBLIC POLICY - MARRIED WOMEN Yes 779 587 629 663 2658 No 376 411 408 385 1580 Blanks 234 205 199 228 866 Total 1389 1203 1236 1276 5104 A true record. Attest: Town Cler 461 TOWN WARRANT Commonwealth of Massachusetts Middlesex, as. To either of the Constables of the Town of Lexington, in said County: Greeting: In the name of the Commonwealth of Massac} setts, you are directed to notify the inhabitants of the Town of Lexington, qualified to vote in. elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Thursday, the 10th day of November, 1938 at eight o'clock 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 and to appoint other Com- mittees. Article 2. To see if the Town will authorize the Selectmen to enter into an agreement on behalf of the Town of Lexington with the Town of Arlington to provide co-operation between the two towns in the matters of connection of sewers in Lexington with Town of Arlington sewers, and the connection of sewers in Arlington with Town of Lexington sewers, or take any action in relation thereto. Article 3. To see if the Town will vote to establish as a town way or accept the layout of as a town way, the rounded corner of Charles Street at Taft Avenue, as laid out by the Selectmen, and shown upon a certain plan on file in the office of the Town Clerk, dated September 15, 1938, or take any action in relation thereto. Article 4. To see if the Town will vote to accept from the Rotary Club of Lexington a gift of two direction sign boards, one located on the Lexington Common and one on the Buckman Tavern Grounds, or take any action in relation thereto. Article 5. To see if the Town will vote to raise and appro- priate a sum of money for the purpose of repairing damage to public property and public ways caused by the recent storm; to determine whether the money shall be provided for by borrowing under Clause 9, Section 8, Chapter 44, General Laws, or by transfer from avail- able funds in the treasury, or take any action in relation thereto. Article' 6. To see if the Town will vote to rescind so much of the action taken under Articles 2, 4, and 5 of the Warrant for the Special Town Meeting held on April 25, 1938 as relates to the borrowing of the sums of $15,000., $p15,000., and $5,000. respect- ively, for the construction of sewers, as follows: a trunk line sewer from a point near the Arlington-Lexington line to Rindge Avenue, and sewers in Bow Street, Rindge, Melrose, Rawson, Albe- marle and Winn Avenues, conditioned upon agreements to be signed by the abutters. Article 7. To see if the Town will ratify an agreement made by the Selectmen with Colonial Garage, Inc., subject to the approval of the town meeting, for the settlement of the petition for assess- ment of damages for a taking by eminent domain brought by Colonial Garage, Inc. against the Town, No. 108635 in the Superior Court for the County of Middlesex by the payment of $2,650. plus interest `� from January 18, 1937, plus costs of court, and to provide for pay- merit thereof by appropriation and transfer from available funds, Article 8. To see if the Town will vote to appropriate a sum of money to pay Harry B. and Ethel Osgood $55.00 for an award by the Commonwealth of Massachusetts in settlement of all land and grade damages on account of the construction of Bedford Street in 1926, and pay for the same by transfer from available funds, or take any action in relation thereto. 462 01 1.1 Article 9. To see if the Town will accept a gift from J. Willard Hayden of Lexington of the property on Lincoln Street known as the Aldrich Estate, comprising twenty-five acres, more or less, on condition that said entire tract be added to the Center Playground and devoted to the use of the youth and the citizens of the Town of Lexington, for appropriate playground purposes. Article 10. To see if the Town will vote to raise and appropriate sums of money for the following accounts, such ap- propriations to be met by transfers from available funds: park Department - Wages and Expenses Road Machinery Account -- Highway Construction - Charles Street School Maintenance - Other Expenses._ 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-fifth day of October, A. D., 1938. ARCHIBALD R. GIROUX ALBERT A. ROSS SELECTMEN WILLIAM G. POTTER OF A. EDWARD ROWSE LEXINGTON PHILIP M. CLARK October 31, 1938 To the Town Clerk: I have .notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: Patrick 3. Maguire Constable of Lexington. 463 SPECIAL TOWN MEETING HELD NOVEMBER 10, 1938 Meeting called to order by the Moderator, Robert H. Holt, at 8:15 P.M. There were 102 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meet- ing until upon motion of Selectman William G. Potter, further reading was waived. r' The Town Clerk read the officer' s return for the meeting. Robert C. Merriam, Chairman of the Appropriation Cornittee, moved to take up Article 1, presenting the Appropriation Com- mittee s report on the articles for the meeting, and moving that same be accepted and placed on file. Carried Unanimous 8:16 P.M. Robert C. Merriam, Chairman of the Appropriation Committee, states account shortness of time allowed for the printing of the report, he would ask permission to read only the recommendations in the report, as offered by the Appropriation Committee. Under Article 1 Selectman Archibald R. Giroux offers the following vote. Article 1. VOTED: That the Moderator be instructed to appoint a Committee of five citizens to study the requirements of the Fire Department as to general locations and improved housing. Said Committee to report to the Town at a subsequent Town Meeting. Carried Unanimous 8:24 P.M. Sydney R. Wrightington, Town Counsel, moves to take up Article 2, offering the following: Article 2. VOTED: That the action of the Selectmen in L executing an agreement with the Town of Arlington for reciprocal use of sewers near the boundary line between the two towns dated November 8, 1938, a copy of which was read to this meeting, be ratified and adopted and that the Selectmen be authorized to deliver the same on receipt of a duplicate thereof executed by the duly authorized officers of the Town of Arlington. Mr. Wrightington stated that when the deed was drawn up there would be a special agreement contained therein, which is as follows, and which was presented by the Town Counsel. AN AGREEMENT made this 8th day of November 1938 between the Town of Arlington, a municipal corporation in Middlesex County, of the one part, and the Town of Lexington, a municipal corporation in Middlesex County, of the other part, WHEREAS both Arlington and Lexington are included in the Metropolitan Sewer District and sewage from Lexington now flows through a trunk line or trunk lines in Lexington into similar lines in Arlington; and WHEREAS in certain sections of the two towns adjacent to -- the line between them it will be more economical to discharge sewage from sewers directly into the street mains of the other town instead of directly to the trunk line of each town respec- tively, and it is the purpose of this agreement to provide a reciprocal arrangement for that purpose; and WHEREAS when used herein the word "sewer" refers to sanitary sewers and not to drains for surface water; NOW, THEREFORE, in consideration of the premises and of the mutual agreements herein contained it is hereby mutually agreed as follows: 464 1, The Town of Lexington may connect a sewer in Lowell Street, Lexington, to the Arlington sewer in. Lowell Street at or near the Arlington-Lexington line and through that Lowell Street sewer in Lexington discharge the sewage from an area in Lexington which may become tributary to a sewer in Lowell Street extending from the, Arlington line to a point- at the junction of Lowell and Summer Streets, said discharge of sewage not to exceed a maximum rate of 300,000 gallons per day.. 2. Whenever the Town of Lexington shall build a sewer in Crescent Hill Avenue, Lexington, extending to or near the Arlington line, the Town of Arlington may connect with it sewers in Arlington within the area shown on the plan hereto annexed marked nA , and discharge through it sewage from the said area. — 3. Whenever the Town of Lexington shall build a sewer in Daniel Street, Lexington, extending to or near the Arlington line, the Town of Arlington may connect with it sewers in Arlington within the area shown on the plan hereto annexed marked DB", and discharge through it sewage from the said area. 4, Neither town shall be obligated to pay any part of the cost of construction or maintenance of sewers in the other town except such parts of sewers across the town line as it may choose to construct at connecting points. Any construction by one town in the other shall be in a manner satisfactory to the superintendent of the sewer department of the other and there- after the surface of the ground excavated shall be restored by the town making the excavation to the condition in which it was before such excavation. No charge shall be made by either town to the other for facilities hereby accorded. IN WITNESS WHEREOF the parties hereto have caused. this instrument and a duplicate original thereof to be signed in their names and on their behalf and their respective corporate seals to be affixed by their respective officers thereunto duly authorized. TOWN OF ARLINGTON -- By TOWN OF LEXINGTON By The Moderator states, in his opinion it would be better to offer said agreement as an amendment to the original vote as presented, which was consented to by the- Town Counsel, Sydney R. Wrightington. Said vote with amendment was carried unanimously at 8:28 F.M. 465 Selectman Archibald R. Giroux moves to take up Article 3, offering the following: Article 3. VOTED: That the Town accept the layout of as a town way the rounded corner of Charles Street at Taft Avenue, as laid out by the Selectmen, and shown upon a certain plan on file in the office of the Town Clerk, dated September 15, 1938. Carried Unanimous 8:29 P.M. -- Selectman Archibald R. Giroux moves to take up Article 4, offering the following: L_ Article 4. VOTED: That the Town accept from the Rotary Club of Lexington the gift of two direction sign. boards, one located on the Lexington Common and one on the Buckman Tavern Grounds. Carried Unanimous 8:30 P.M. Selectman Archibald R. Giroux moves to take up Article 5, offering the following: Article 5. VOTED: That the sum of $23,000.00 be raised and appropriated for the purpose of repairing damage to public property and public ways caused by the recent storm, and that said amount be borrowed in accordance with the provisions of Clause 9, Section 8, Chapter 44, General Laws. Carried Unanimous 8:31 P.M. Selectman Archibald R. Giroux moves to take up Article 6, offering the following: Article 6. VOTED: That so much of the action taken under Articles 2, 4, and 5 of the warrant for a special town meeting held April 25, 1938, be rescinded as relates to the borrowing of the sums of $15,000., $15,000., and $5,000. respectively for the construction of sewers as follows: a trunk line sewer from a L point near the Arlington-Lexington line to Rindge Avenue, and sewers in Bow Street, Rindge, Melrose, Rawson, Albemarle and Winn Avenues. Carried Unanimous 8:32 P.M. Town Counsel, Sydney R. Wrightington, moves to take up Article 7, offering the following: Article 7. VOTED: That the Town ratify the action of the Selectmen in rA1ring an agreement with Colonial Garage, Inc., con- ditioned upon the approval of the town meeting, for the settlement of the petition for assessment of damages for a taking by eminent domain brought by Colonial Garage, Inc. against the Town No. 108635 in the Superior Court for the County of Middlesex, and approve the said agreement, and that pursuant to the said agreement the Town pay to the plaintiff in the said action in final settle- ment thereof the sum of $2,650. plus interest at the rate of 4% per annum from January 18, 1937, plus $31.50 costs of court, and that for that purpose the sum of $2945.00 be raised and appropri- ated, and that to meet said appropriation the sum of $1645.00 be transferred from the Sewer Construction, Bow Street Account, and $1300.00 from the Sewer Construction, Rindge, Melrose, Rawson, Albemarle and Winn Avenues Account. Carried Unanimous 8:35 P.M. L Selectman Archibald R. Giroux moves to take up Article 8, offering the following: Article 8. VOTED: That the Sum of $55.00 be raised and appropriated and paid to Harry B. and Ethel Osgood for an award by the Commonwealth of Massachusetts in settlement of all land and grade damages on account of the construction of Bedford Street in 1926, and to meet said appropriation the sum of $55.00 be trans- ferred from the Sewer Construction, Bow Street Account. 466 cori Selectman Archibald R. Giroux read a letter from the State Department of Public Works of Massachusetts, concerning the Town of Lexington in original agreement to be responsible for damages, which indicated that the above bill should be paid. Carried Unanimous 8:37 P.M. Selectman Archibald R. Giroux moves to take up Article 10, offering the following, which was voted upon as of three parts. Article 10.- VOTED: That the following amounts be raised and appropriated: The sum of $180.00 for Park Department - Wages and Expenses Account, and to meet said appropriation the sum of $180.00 be -- transferred from the Park Department Fence, East Lexington - ti Account; Carried Unanimous 8:39 P.M. The sum of $850.00 for the Road Machinery Account, and to meet said appropriation the sum of $850.00 be transferred from the Read Machinery Fund; Carried Unanimous 8:40 P.M. The sum of $825.00 for the Highway Construction, Charles Street Account, and to meet said appropriation the sum of $825.00 be transferred from the Police Pensions Account: Carried Unanimous 8:41 P.M. Under Article 10, Randall B. Houghton, Chairman of the School Committee, offered the following: VOTED, That the sum of $1,400.00 be raised and appropriated for School Maintenance, Expenses and to meet said appro- priation that the sum of $1,400.00 be transferred from School Maintenance, Personal Services Account. Carried Unanimous 8:42 P.M. Selectman Archibald R. Giroux moves to take up Article 9. At this time of the meeting the Moderator, Robert H, Holt, asked permission'to be excused as the Moderator, stating his reasons why he did not care to serve while this article was in progress, whereby he appointed Frederic L. Fischer as Moderator Pro-Tem. Selec #- Archibald R. Giroux offered the following: Article 9. VOTED: That the Town accept the gift of its citizen, Josiah Willard Hayden, of the property on Lincoln Street knoun as the Aldrich _Estate, more particularly- described in the deed to Lexington Trust Company dated October 21, 1938 recorded with Middlesex South District Deeds, Book 6242, page 1, to be used as a public playground and recreational center and for the promotion of winter sports. Further VOTED: That upon conveyance of the title to the Town, the, said premises shall be added to and administered as a part of the Center Playground. Town Counsel, Sydney R. Wrightington states, when the deed would be completed it would contain a certain agreement, which he read as follows: Said premises are conveyed subject to all unpaid taxes, tax titles, and municipal assessments if any there be, for the purposes of a public playground, and recreation center, and during the winter season for coasting, skating, skiing, and winter sports generally, to be added to and to become a part of the Venter Play- ground in said Lexington on condition that the said premises shall always be used for a public playground and recreation center and failing to be soused, said premises shall revert to the grantor 467 • and his heirs provided, however, that with the written consent of the donor, or if he be not living, then with the written consent of the Josiah Willard Hayden Recreation Centre, .a chari- table corporation organized and existing under the laws of the Commonwealth of Massachusetts, portions of said playground may be devoted to structures to be used by the youth of Lexington for educational purposes apart from strictly playground&usage if such structures and the necessary area about them will not, in the opinion either of the donor or of said. Recreation Centre, seriously encroach upon the area reasonably required for the realization of the purposes of this grant that it be devoted primarily to recreational playground activities. Eugene T. Buckley asks what the present outstanding figures are at this time, also if this vote was passed, if the outstand- ing taxes could be abated. The outstanding amount was answered by Selectman Archibald R. Giroux, and the Town Counsel stated he had already been in conference with Henry F. Long, Commissioner of Taxationwhereby he was informed that any necessary adjustments concerning the taxes could be made. The vote as presented with agreement was carried unanimous at 8:56 P.M. Further VOTED: That the Town hereby expresses its appreci- ation_of the generosity and interest in the public welfare which prompted its citizen, Josiah Willard Hayden, to make possible this important addition to its facilities for the training and recreation of its future citizens. - Carried Unanimous 8:57 P.M. All articles being disposed with, the Moderator, Robert H. _ Holt, declared the meeting be dissolved. 8:58 P.M. A true record. Attest: _ c� s � ��uS4„a Town. k 468 1. ATTORNEY GENERALTS ,APPROVAL ARTICLE 14 AS PASSED AT A SPECIAL TOWN MEETING HELD AUGUST 8, 1938 Article 14. VOTED: That the Lexington Zoning By-law be amended . by substituting under Area Regulations, Section 6, a new Section 6 to read as follows:- Section 6. (a) In R.1 and R.2 Districts no dwelling shall be erected upon land laid out for house lots after —' the adoption of this by-law unless there be provided for each such dwelling a lot frontage of not less than 100 feet upon the frontage street, and an area of not less than 12,500 square feet. On each side of each dwelling or other permitted main structure there shall be pro- vided a side yard of at least fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. Lexington, Mass. August 22, 1938 ..-- I, James J. Carroll, Town Clerk of the Town of Lexington, Mass., do hereby certify that the above is a true and exact copy of vote presented under Article 14. James J. Carroll Town Clerk Boston, Mass., September 14, 1938. The foregoing amendment to zoning by-law is hereby approved. Paul A. Dever Attorney General. 469 REPRESENTATIVE ELECTION November 15, 1938 Pursuant to the Law, the Town Clerk of Arlington and the Town Clerk of Lexington met at Arlington this day at twelve o' clock noon, for the purpose of canvassing the votes on the eighth day of November for the two representatives to the General Court of the Commonwealth to represent the 28th Middlesex District. The canvassing showed the result of the votes cast in Arlington and Lexington. In Arlington, Nelson B. Crosby had ten thousand two hundred nineteen ( 10,219) votes. In Lexington, Nelson B. Crosby had three thousand four hundred fifty (3,450) votes. In. Arlington, Joseph J. Delaney had six thousand twenty (6,020) votes. In Lexington, Joseph J. Delaney had one thousand one hundred eighty-five ( 1,185) votes. In Arlington, Hollis M. Gott had nine thousand six hundred sixty-six (9,666) votes. In Lexington, Hollis M. Gott had two thousand nine hundred ninety-eight (2,998) votes . In Arlington, Albert D. Leary had five thousand seven hundred seventy-five (5,775) votes. In. Lexington, Albert D. Leary had one thousand one hundred thirty ( 1,130) votes. The return showed that Nelson B. Crosby and. Hollis M. Gott had a majority of the votes cast in both Towns, and a certificate was accordingly filled out and signed by the Clerks of both Towns to be delivered to Nelson B. Crosby of 10 Davis Avenue, Arlington and Hollis M. Gott of 90 Churchill Avenue, Arlington. 7- Earl A.. Ryder, Town Clerk of Arlington James J. Carroll, Town Clerk of Lexington. - February 7, 1939 James J. Carroll Town Clerk Lexington, Mass . Dear Sir: Having removed from the Town of Lexington I hereby r- tender you my resignation as a Town Meeting Member of Precinct One, Town of Lexington, as of this date. Paul R. Hederstedt 470 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, quali- fied to vote in elections and in town affairs, to meet in their respective voting places in said town, '. PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, THREE AND FOUR, ._ CARY MEMORIAL HALL, on MONDAY, THE SIXTH DAY OF MARCH, A. D. 1939, at six o'clock, A. M., then and there to act on the following articles: Article 1. To choose by ballot the following town officers: One Town Clerk for the term of one year; Two Selectmen for the term of three years; One Town. Treasurer for the term of one year; One Collector of Taxes for the term of one year; One Cemetery Commissioner for the, term of three years; One Member of the School Committee for the term of three years; One Moderator for the term of one year; Two members of the Planning Board for the term of three years; Two Constables for the term of one year; Seventeen Town Meeting Members in each Precinct for the term of three years; One Town Meeting Member in Precinct One for the term of one year; One Town Meeting Member in Precinct Two for the term of two years; Two Town Meeting Members in Precinct Two for the term of one year; One Town Meeting Member in Precinct Three for the term of one year. The polls will be open at 6:00 A.M. and will remain open until 8:00 P.M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twentieth day of March, 1939 at 8:00 P.M. at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members, in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 3. To choose such Town Officers as are required by law and are usually chosen by nomination. Article 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1940, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Article 5. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1939, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1939. Article 6. To see if the Town will vote to appropriate a sum of money from the Highway Fund, provided by Chapter 2 of the Acts of 1939 for any of the purposes authorized by said chapter. 471 Article 7. To see if the Town will make the usual appro- priations for Town expenses for the ensuing year, by direct appro- priation, by transfer from available funds, or by a combination of the two methods, or act in any manner in relation thereto. Article 8. To see if the Town will vote to transfer unex- pended appropriation balances in any of the Accounts to the Excess and Deficiency Account, or take any other action in relation there- to. - - Article 9. To see if the Town will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax. titles. Article 10 . To see if the Town will vote to appropriate a sum of money for the Reserve Fund as provided by ,Chapter 40, Section 6, General Laws, or act in any manner in relation thereto. Article 11. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1939. Article 12, To see if the Town will vote to transfer the sum of $1647.25 received from Middlesex County for dog fees to the Cary Memorial Library Account. Article 13. To see if the Town will make an appropriation for the suppression of Gypsy and Brown Tail moths, and other pests, in accordance with Chapter 132, General Laws, or act in any manner in relation thereto, Article 14. To see if the Town will vote to appropriate a sum sufficient to pay the County of Middlesex, as required by law, on account of assessments levied on the town for its share of the principal of the Middlesex County Tuberculosis Hospital Addition --- Funding Loan, Act of 1935, bonds maturing in 1939 issued in com- plianc e with Chapter 417 of the Acts of 1935, as amended by Chap- ter 205 of the Acts of 1937, less amount of premum as provided in Section 37A of Chapter 35, General Laws, as amended by Chapter 29 of the Acts of 1933, also for any other indebtedness incurred and outstanding under said Chapter 417 as amended, also for the town's share of the cost and interest on said bonds due in 1939; also for the care, maintenance, and repair of said Hospital for 1938, and including interest on temporary notes issued therefor in accordance with sections of Chapter 111 of the General Laws applicable therefor, and for all other expenses in connection therewith, including Chapter 400, Section 25 G (6) (a) of the Acts of 1936, determine how the mone? hall be raised, or act in any manner in relation thereto. Article 15. To see if the Tam will vote to appropriate funds for the payment of pensions to retired members of the Police and Fire Departments, under Chapter 32, General Laws, or act in any manner in relation thereto. Article 16. To see if the Town will vote to install water mains in such accepted or unaccepted streets as may be applied for during the year 1939 in accordance with authority contained in the By-laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and to [- pay for the same by direct appropriation, by transfer from avail- able funds, or by the issue of notes or born'9s of the town. Article 17. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1939 in accordance with St. 1897, Ch. 504, as amended or otherwise, and to take by eminent domain any necessary easements therefor, and to pay for the same by direct appropriation, - by transfer from available funds, or by the issue of notes or bonds of the Town. Article 18. To see if the Town will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws. 472 01 Article 19. To see if the Town will vote to raise and appro- priate a sum of money for the improvement of Bedford Street; said money to be used in conjunction with any money which may be allot- ted by the State or County, or both, for this purpose; and to be raised by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 20. To see if the Town will vote to raise and appro- priate a slim of money for the improvement of Weston Street; said money to be used in conjunction with any money which may be allot- ted by the State or County, or both, for this purpose; and to be raised by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. — ,or accept the layout of as a town way, Articl r21. To see if the Town will vote to establish as a town way Eliot Road between Pelham Road and ? ashington Street, as laid out by the Selectmen, and shown upon a certain plan on file in the office of the Town Clerk, dated January 19, 1939, or take sny action in relation thereto. Article 22. To see if the Town will vote to raise and appro- priate a sum of money for the improvement of Westview Street, as relocated by the 'County Commissioners, said money to be raised by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town, and to see if the Town will vote to accept reimbursement from the New England Water Supply Corporation for the cost of the work. Article 23. To see if the Town will vote to appropriate funds for providing cooperation with the Federal Government in unemploy- ment relief and other projects, of direct or indirect benefit to the torn or its inhabitants, said funds to be expended by the Selectmen. Article 24. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: ' ' Oaknount Circle; Daniels Street. ...... Article 25. To see if the Town will vote to authorize the Selectmen to construct granolithic or bituminous concrete side- walks where the abutting owner pays one-half the cost, and provide funds for said construction by direct appropriation. Article 26. To see if the Town will vote to appropriate money for the replacement and installation of water mains not less than 6 inches and not more than sixteen inches in diameter in the following streets, and in such other streets as the Selectmen may determine: Stetson Street, from Merriam Street to Oakland Street, a distance of approximately 600 feet; and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 27. To see if the Town will authorize the Selectmen to enter into an agreement on behalf of the Town of Lexington with the Town of Arlington to provide cooperation between the two towns in the matters of connection of sewers in Lexington with Town of Arlington sewers, and the connection of sewers in Arlington with Town of Lexington sewers, or take any action relating thereto. Article 28. To see if the Town will vote to purchase the lot of lamed on Clarke Street known as the Isaac Harris Cary Edu- cational Fund lot, and containing 12,508 square feet more or less, for any appropriate municipal purpose, and to pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 29. To see if the Town will vote to authorize the Selectmen to execute and deliver a lease of some or all of the land of Hildur Sorensen located at 116 Woburn Street, for the purpose of disposal of refuse, and to appropriate a sum of money for rent thereof. L- I 473 Article 30. To see if the Town will ratify the action of the Board of Selectmen in requesting the Legislature to amend Statute 1926, Chapter 221 with reference to the assessment of betterments for sewer construction in Lexington so as to make possible the use of Federal funds in sewer construction, or express any other opinion with reference to such legislation. Article 31. To see if the Town will vote to raise and appropriate a further sum of money for the purpose of acquiring lands and easements and constructing a sanitary sewer, force main and pumping station for North Lexington, in addition to sums appropriated under Article 2 of the Warrant for the Special Town. Meeting of August 25, 1938, and authorize and direct the Selectmen to accept on behalf of the town, for use in carrying out such project, an additional Federal grant of money pursuant to the Public Works Administration Appropriation Act of 1938; and authorize the treasurer, with the approval of the Selectmen, to borrow such sums as may e necessary to meet any appropriation made and to use any other available funds thst may be raised by taxation or appropriated for that purpose, or take any action relating thereto. Article 32. To see if the Town will amend its By-law called the Plumbing Laws by substituting therefor a new Plumbing By-law under the authority of General Laws, Chapter 142, section 13 as amended, substantially as set forth in a draft of such by-law on file in the office of the Town Clerk and open to public inspec- tion; and to see if the Town will vote to appropriate funds for the purpose of printing and publishing the same, and pay expenses incidental thereto. Printed copies of such proposed by-law will be distributed to Town Meeting Members at the opening of the first meeting after election of officers and may be obtained:by any others who may be interested. Article 33. To see if the Town will vote to appropriate r-- money to pay any unpaid bills for prior years of the various town depar tments. Article 34. To see if the Town will vote to raise and appro- priate a sum of money for the Contributory Retirement System es- tablished under the provisions of Chapter 318 of the Acts of 1936, or take any action in relation thereto. Article 35. To see if the Town will vote to raise and appro- priate a sum of money for purchasing uniforms for the Cadets in the Lexington Senior and Junl or High Schools, or take any other action in relation thereto. Article 36. To see if the Town will vote to refund emergency loans made under General Laws, Chapter 44, section 8, clause 9, to pay for damage caused by the hurricane of September, 1938, by the issue of bonds or notes of the Town in the amount of $23,000.00 payable in not more than ten years in accordance with the law. Article 37 . To see if the Town will vote to appropriate a sum of money to be set apart and administered as a general unem- ployment relief fund in accordance with law, such money to be provided by direct appropriation or by transfer from available funds or by a combination of the two methods . .._ Article 38. To see if the Town will vote to appropriate a sum of money for the improvement of the traffic control system in the vicinity of Clarke Street, or take any action in relation thereto. Article 39. To see if the Town will vote to appropriate a sum of money for the purchase of a new ladder truck for the Fire Department, such money to be provided by direct appropriation, by transfer from available funds or by the issue of notes or bonds of the Town, or by a combination of any of these methods. 474 0-1 And you are directed to serve this Warrant seven days at least before the time of said meeting as provided in tbP 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-fourth day of February, A. D., 1939 . ARCHIBALD R. GIROUX SELECTMEN WILLIAM G. POTTER OF A. EDWARD ROWSE LEXINGTON PHILIP M. CLARK February 27, 1939. To the Town Clerk: I have notified the inhabitants of Lexington by posting .� printed copies of the foregoing Warrant in the Post Office, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town, seven days before the time of said meeting. Attest: PATRICK J. MAGUIRE Constable of Lexington 475 ANNUAL TOWN MEETING March 6, 1939 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the sixth in the year of our Lord nineteen hundred and thirty-nine at six o'clock in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Adams School; Precinct Two, Three and Four, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen, and Wardensofthe various precincts were assigned for duty as follows: Precinct One Precinct Two Charles J. Dailey Warden Victor H. Harmon Frederick L. Murphy Inspector Lucius Austin George Foster Inspector Ruth Bay (Deputy) Mary E. Stankard Clerk John H. Dacey Mary A. Rowland Teller Arthur L. Hanson Donald Cameron Teller Edward McGrory Pauline A. Bartlett Teller Elizabeth Nourse George Stygles Teller Madeline Corbett Constance Thompson Teller Edward B. O'Connor Edith Kew Teller William S. Bramhnll L. Ellsworth Pierce Teller Helen McCaffrey Arthur Hughes Teller Jesse Condinho Precinct Three Precinct Four Hiram W. Jackson, Jr. Warden Howard E. Custance Frederick Tullar Inspector Irene Robinson (Deputy) Cornelius P. Cronin Dep. Inspector Daniel A. Gorman, Jr. John McKearney Clerk Frank Maguire Agnes E. Richards Teller Mary E. Ferry Margaret E. Ormond Teller George A. Bullock Samuel Wellington Teller. Charles P. McEnroe Emma Hovey Teller Carl Hauck John J. McCormack Teller Robert L. Lowe Henry Meade Teller Agnes Hall Esther Graham Teller Robert Cady Alfred P. Tropeano Teller Madeline Peterson The polls were declared open in each precinct at six o'clock A.M. and remained open until eight o'clock P.M., after which time after due notice, they were closed. - The election officers were sworn to the faithful performance of their duties. The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as follows: Precinct One 1468 One thousand four hundred sixty-eight Precinct Two 1267 One thousand two hundred sixty-seven Precinct Three 1336 One thousand three hundred thirty-six Precinct Four 1389 One thousand three hundred eighty-nine Total 5460 Five thousand four hundred sixty The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. �I, 476 ali The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One Ballots Cast 611 Six hundred and eleven Precinct Two Ballots Cast 637 Six hundred and thirty-seven Precinct Three Ballots Cast 702 Seven hundred and two Precinct Four Ballots Cast 696 Six hundred ninety-six (At the close of the polls the register of the ballot box stood at 697. The Ballot Box registered twice on one ballot.) Total vote cast: 2646 Two thousand six hundred and forty-six _, TOWN CLERK ._. Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total James J. Carroll 516 566 604 576 2262 Blanks 95 71 98 120 384 Total 611 637 702 696 2646 James J. Carroll was elected as Town Clerk for one year. SELECTI' N Richard E. Bourdon 45 32 33 59 169 *Errol H. Locke 255 375 445 352 1427 *George W. Sarano 239 372 325 348 1284 Matthew Stevenson 255 227 320 274 1076 Raymond L. White 273 163 147 225 808 Blanks 155 105 134 134 528 Total 1222 1274 1404 1392 5292 *Errol H. Locke and George W. Sarano were elected as Selectmen for three years. TOWN TREASURER a James J. Carroll 539 577 627 598 2341 — Blanks 72 60 75 98 305 Total 611 637 702 696 2646 James J. Carroll was elected as Town Treasurer for one year. COLLECTOR OF TAXES William S. Scamman. 525 554 604 599 2282 Blan'zs 86 83 98 97 364 Total 611 637 702 696 2646 William S. Seaman was elected as Collector of Taxes for one year. CEMETERY COMMISSIONER James J. Walsh 501 532 582 565 2180 John J. Dailey 0 0 4 3 7 Blanks 110 105 116 128 459 Total 611 637 702 696 2646 James J. Walsh was elected as Cemetery Commissioner for three years . SCHOOL COMMITTEE - " " Annie F. Putney 460 508 552 528 2048 Mary Murphy 1 0 0 0 1 Blanks 150 129 150 168 597 Total 611 637 702 696 2646 Annie F. Putney was elected to the School Committee for three years. - 477 CONSTABLES Pre. 1 Pre. 2 Pry 3 Pre. 4 Total *Patrick J. Maguire 471 534 599 578 2182 *John C. Russell 504 531 580 553 2168 Michael Powers 0 0 1 0 1 Blanks 247 209 224 261 941 Total 1222 1274 1404 1392 5292 :,Patrick J. Maguire and John C. Russell were elected as Constables for one year. MODERATOR Robert H. Holt 467 512 573 543 2095 Blanks 144 125 129 153 551 Total 611 637 702 696 2646 Robert H. Holt was elected as Moderator for one year. PLANNING BOARD *William Roger Greeley 437 502 554 517 2010 *Edward W. Kimball 436 503 539 511 1989 George Foster 3 0 0 0 3 I Blanks 346 269 311 364 1290 Total 1222 1274 1404 1392 5292 *William Roger Greeley and Edward Kimball were elected to the Plan- ning Board for three years . Town Meeting Member for One Year Precinct One Matthew M. Zubowitch 415 7– John Barry 1 Blanes 195 L_ __ 611 Matthew M. Zubowitch was elected Town Meeting Member for one year. Town Meeting Members For Three Years Precinct One Precinct Two *William M. Aquaro 366 '.:Walter C. Ballard 457 *Lyon Carter 381 *John H. Devine 433 *James A. Guthrie 396 *Arthur C. Dodge 444 *Bartlett J. Harrington 408 *William F. Downe 403 *Lewis L. Hoyt 368 *Robert H. Eldridge 422 *J. Bruce Lewis 342 *Clements H. Ferguson 447 *Charles B. Meek 388 *William Roger Greeley 441 *Charles F. Mitchell 341 *Frederic B. Hunnemen 388 *Harold B. Needham 383 *Harold B. Lamont 403 *Clarence E. Smith 340 *Harold F. Lombard 415 *Clayton J. Sullivan 352 *Robert T. Person 411 *Joseph Trani 368 *Roy C . Peterson 406 *Richard A. Wason 347 *Clifford W. Pierce 425 *Alphonso B. West 356 *Elwyn G. Preston 429 —• *W. Stanley Wilson 392 *Randall W. Richards 427 *John A. Wilson 394 Albert A. Ross 322 *Walter H. Wilson 389 *Clyde E. Steeves 397 John Barry 1 *Edwin B. Worthen 458 Frederick Murphy 1 Blanks 3298 Blanks 4074 *Town Meeting Members elected for the term of three years . 470 =- Town Meeting Member for Two Years X Precinct Tho F. Stanley Love 491 Blanks 146 Total 637 F. Stanley Love was elected Town Meeting Member for two years. Town Meeting Members for One Year Precinct Two Michael J. Hopkins 465 Irving A. Rich 463 Blanks 346 Total 1274 Michael J. Hopkins and Irving A. Rich were elected Town Meeting Members for One Year. Town Meeting Member for One Year Precinct Three Alan G. Adams 526 Rebecca Adams 1 Blanks 175 Total 702 Alan G. Adams was elected Town Meeting Member for one year. Town Me e ting Members For Three Years Precinct Three Precinct Four *Nathan B. Bidwell 483 * Lester Andrews 487 *Louis W. Bills 490 * William H. Ballard 449 :Charles M. Blake 477 * Robert C. Boleyn 365 *Laurence H. Burnham 481 * Walter C. Boone 444 *William I. Burnham 483 * Winthrop H. Bowker 405 *Philip M. Clark 490 ;; Frederick S.Britton 446 *Norman A. Downs 465 * Francis E. Burke 441 *Everett S. Emery 477 * Herbert E. Bussom 354 *George W. Emery 471 * W.Warren custance 449 *Roy A. Ferguson 480 * Theodore A. Custance 468 *C. Edward Glynn 482 Ralph B. Dibble 343 *George E. Graves 465 * Robert J. Fawcett 447 *Errol H. Locke 488 * Frederic L. Fischer -409 *Lester T. Redman 475 * Converse Hill 453 *George E. Smith 495 * Willard C . Hill -440 *Robert M. Stone 474 * Frederick B. James 397 *Robert Whitney 477 * William E.Mulliken 444 Bla-n'cs 3781 * Francis H. Ready 393 Blanks 4198 *Town. Meeting Members elected for the term of three years . A true record. Attest: ;;;> — (;----- �z .fir ���;fr Town erk 479 FIRST ADJOURNED TOWN MEETING TING HELD MARCH 20, 1939 Called to order by the Moderator, Robert H. Holt, at 8:10 P.M. There were 181 Town Meeting Members present. The Town Clerk, James J. Carroll, read the Warrant, until upon motion of Selectman Errol H. Locke, it was voted, further reading of Warrant be waived. Unanimous. • The Town Clerk then read the Constable' s Return of the Warrant for the Meeting. Selectman Archibald R. Giroux asked permission to present a resolution concerning Senator Joseph R. Cotton, which was granted, and read. as follows: RESOLUTION WHEREAS, at a time when the right of people to select their own rulers and to be governed according to their own desires is being seriously impaired in many parts of the world, it is well for us, the Citizens of Lexington, to pause in the transaction of our own affairs and give some consideration to the benefits which we enjoy from the perpetuation in this country of that freedom to which the very soil of our Town was dedicated by the first blood shed for freedom on this continent; and WHEREAS, the survival of government with the consent of the governed has guaranteed to every citizen the right to express himself on any question of public policy without fear of personal harm and with the confidence of respect of his neighbors however they may differ in their own opinions; and n WHEREAS, in this process it has been the privilege of this Town to have its townsman JOSEPH R. COTTON elected for six terms to the Massachusetts Senate, and it is with a great sense of pride that this Meeting records the fact that Senator Cotton has been selected by the Senate to preside over its deliberations; NOW, THEREFORE, be it -- BES 0 LVED that we, the Citizens of Lexington in the Commonwealth of Massachusetts, in Town Meeting assembled, here- by express our congratulations to our fellow townsman JOSEPH R. COTTON upon his election as President of the Massachusetts Senate, and by this Resolution express our concurrence in the confidence thus expressed in his sagacity, judicious wisdom and qualities of leadership which have marked his progress from Moderator and Selectman of this Town to the high office in the Coiimonwealth which he ,now bolds. i Said resolution, as presented, adopted un n� mousl y at 8:14 P.M. Robert C . Merriam, Chairman of the Appropriation Committee, under Article 2, presents Report of the Appropriation Committee, which was voted to be accepted and placed on file. Carried lnanimously 8:15 P.I . Unless otherwise noted, the following articles were presented by Archibald R. Giroux, Chairmen of the Board of Selectmen. Article 2. VOTED: That a committee of three be appointed to have charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried Unanimously 8:15 P.M. Article 3. VOTED: That thisarticle be indefinitely postponed. ;Carried Unanimously 8:16 P.M. 480 Article 4. VOTED: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1940, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Carried Unanimously 8:16 P.M. Article 5. VOTED: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1939, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1939. Carried Unanimously 8:17 P.M. Article 6. VOTED: That the sum of $16,700.00 received from the Highway Fund in 1938 be appropriated for Highway Main- tenance, as provided by Chapter 2 of the Acts of 1939. Nathan B. Bidwell presents the following: "That it is the sense of the Town Meeting Members of various precincts that no salary increases be allowed of any Town employee receiving $25.00 per week or more" . Selectman Archibald R. Giroux replies that Article 6 contained no amounts in connection with salaries. Article 6 as presented, carried unanimously at 8:18 P.M. Article 29. VOTED: That the Selectmen be authorized to execute and deliver a lease of some or all of the land of Hildur Sorenson, located at 116 Woburn Street, for the purpose of disposal of refuse for not exceeding three years at a rent not exceeding $100.00 per year, and for this purpose the sum of $100.00 be raised and appropriated for the rent of the first year. Explanations offered by Robert C. Merriam, 'Chairman of Appro • - priation Coitmittee. Eugene T. Buckley speaks in favor of the article. By voice vote, Article 29 declared lost 8:23 P.M. Article 31, which was voted upon in three parts. Article 31. VOTED: To appropriate the further sum of Nine Thousand Six Hundred Thirty-six Dollars in addition to the amount appropriated under Article 2 of the Warrant for the Town Meeting held August 25, 1938, making $163,636.00 in all, for the purpose of acquiring land and easements and constructing a sanitary sewer, force main and pump- ing station for North Lexington and to enable the Town to secure the benefit of funds granted by the Federal Government under the Public Works Administration Appro- priation Act of 1938, the money so appropriated to be derived from the proceeds of the sale of bonds author- ized in said original appropriation of August 25, 1938 -- and from funds granted by the Federal Government, and Carried Unanimously 8:30 P.N. FURTER VOTED: To authorize and direct the Selectmen to accept on behalf of the Town the amended offer of the Federal Emergency Administration of Public Works, dated March 9, 1939 for use in carrying out the project for the construction of a sanitary sewer, force- main and pumping station for North Lexington, and Carried Unanimously 8:30 P.M. 481 ruxTtihn VOTED: To authorize the Selectmen to acquire land and easements by right of eminent domain or other- wise on behalf of the Town for a sanitary sewer, force main and sewage pumping station as follows: 1. Beginning at a point on the southwesterly side line of Valley Road distant about 45 feet from the northeast corner of land now or formerly of George A. Bullock, thence southeasterly by varying courses and northeast- erly on lands now or formerly of James M. Burr, Anna E. Rardin, James A. and Margaret J. Aker, David J. Harrigan, r- Dorothy T. Taylor, Cornelia Bierenbroodspot and Louisa G. T. Bean, to the westerly side line of Bedford. Street at a point which is about 75 feet southerly of the north.- ` east corner of land now or formerly of Louisa G. T . Bean. 2. A parcel of land now or formerly of Ethel F. Bean on the easterly side of Brook Street so-called, a private way, near Myrtle Street, and bounded on the west by the • said Brook Street and for about 100 feet in length and having a depth of about 100 feet. Carried Unanimously 8:32 P.M. Article 7. VOTED: That the following amounts be raised and appro- priated for the current year: Nathan B. Bidwell again presents the sense of the Town Meeting Members of the various precincts, as previously presented. Appropriation Committee Personal Services 350.00 Expenses 450.00 Carried Unanimously 8:36 P.M. Selectmen' s Department 7 Personal Services 3114.67 Expenses 1761.00 Carried 8:39 P.M. Decision of Moderator doubted by D. Jack Allia and others, whereby a rising vote was taken as follows: - In Favor Opposed` 18 ' Donald E. Nickerson 11 35 Neil McIntosh 62 27 Alan. G. Adams 12 80 85 Lost 8:42 P.M. Philip M. Clark asked for reconsideration at 8:45 P.M. D. Jack Allia asked if it would be possible to get the sense of the Town Meeting in regards to the proposition as presented by Nathan B. Bidwell. Reconsideration presented and passed unanimously at 8:47 P.M. Nathan B. Bidwell presents the following amendment. rT That the amount for Personal Services in the Selectmen' s Depart- ment be reduced to X3,036.34. Motion to amend declared carried at 8:49 P.M. Motion as presented with amendment. Selectmen' s Department Personal Services $3036.34 Expenses 1761.00 Carried at 8:49 P.M. 482 Accounting Department Personal Services 44203.00 Expenses 325.00 Nathan B. Bidwell suggests that the Personal Services in the Accounting Department be reduced to read $4,103.00. Selectman A. Edward Rowse asks Mr. Bidwell if he intends to reduce the figures for each department as they are presented. If such was the case, it would be better to get the sense of the meeting before proceeding. Mr. Nathan B. Bidwell replies, it was his intention. The Moderator asks Mr. Bidwell to present his motion in writing, in order to get the sense of the meeting, whereby Mr. Bidwell presented the following. "I move you it is the sense of this meeting there be no raises in salaries for those employees mentioned by the Appro- priation Committee on page 5, paragraph 6, whose salary is of $25.00 per week or more." The sense of the meeting as presented, put to a voice -vote and declared carried at 8:51 P.M. Accounting Department Personal Services $4128.00 Expenses 325.00 Carried Unanimously 8:57 P.M. Treasurer's Department (presented by Robert C. Merriam, Chair- man of the Appropriation Committee.) Treasurer's Department Personal Services 1683.75 ( including salary of Town Treasurer, $1,000.00) ( Of which $683.75 is to be raised from revenue of the current year, and $1,000.00 is to be transferred from the Account for Foreclosure and Redemption of Tax Titles.) Expenses 421.50 Outlay 237.25 Carried Uns"imously 9:00 P.M. Other Finance Offices and Accounts Expenses 200.00 Carried Unanimously 9:01 P.M. Collector' s Department Personal Services 5034.00 ( including salary of Collector, $2,850.00) Expenses 1730.00 Carried Unanimously 9:02 P.M. Assessor's Department Personal Services 5209.00 Expenses 400.00 Carried Unanimously 9:03 P.M. Law Department Personal Services and Special Fees 2000.00 Expenses 215.00 Personal Services - Ryder case 3000.00 Carried Unanimously 9:03 P.M. Presented by Robert C. Merriam, Chinn. Appropriation, Comm. Town Clerk's Department Personal Services 2366.25 ( Including salary of Town Clerk, $1800.00) Expenses 186.90 Carried Unanimously 9:04 P.M. 483 Elections ( Jurisdiction of Selectmen) Expenses $586.00 Carried Unanimously 9:04 P.N. Elections ( Jurisdiction of Town Clerk) Expenses 50.00 Carried Unanimously 9:05 P.M. Registration of Voters Personal Services 200.00 Expenses 400.00 Carried Unanimously 9:05 P.M. Public Works - Superintendent' s Office Personal Services 5588.00 Expenses 390 .00 Carried Unanimously 9:05 P.M. Town. Offices & Cary Memorial Building Personal Services 3249.00 Expenses 6750.00 Carried Unanimously 9:06 P.M. Engineering Department Personal Services 12,624.00 Expenses 900.00 Carried Unanimously 9:06 P.M. Planning Board Expenses 250.00 Carried Unanimously 9:07 P.M. Board of Appeals - 7- Expenses 150.00 Carried Unanimously 9:07 P.M. Police Department Personal Services 38,325.04 Expenses 4,225.00 Carried Unanimously 9:08 P.M. Fire Department Personal Services 36,248.25 Expenses 7,485 .00 Carried Unanimously 9:08 P.M. Builds ng Inspection Personal Services 1100.00 Expenses 135.00 Carried Unanimously 9:08 P.M. • Wire Inspection Personal Services 600.00 Expenses 100.00 Carried Unanimously 9:08 P.M. Weights & Measures Department [- Personal Services 450.00 Expenses 50.00 Carried Unanimously 9:09 P.M. Shade Trees Wages & Expenses 2448.70 Carried Unanimously 9:09 P.M. Forest Fires Personal Services 200.00 Wages & Expenses 1200.00 Carried Unanimously 9:09 P.M. Dog Officer Personal Services 100.00 Carried Unanimously 9:09 P.M. 484 Health Department Personal Services 500.00 Expenses 5000.00 Carried Unanimously 9:09 P.M. Dog Clinic Expenses 350.00 Carried Unanimously 9:09 P.M. Dental Clinic Personal Services 1750.00 Expenses 100.00 Carried Unanimously 9:09 P.M. Posture Clinic Expenses 625.00 Carried Unanimously 9:09 P.M. Vital Statistics Expenses 25.00 Carried Unanimously 9:09 P.M. Animal Inspection Personal Services 500.00 Carried Unanimously 9:10 P.M. Slaughtering Inspection Personal Services 800.00 Carried Unanimously 9:10 P.M. Plumbing Inspection Personal Services 800.00 Expenses 125.00 Carried Unanimously 9:10 P.M. Sewer Maintenance Personal Services 1124.26 Wages & Expenses - 4785 .00 Carried Unanimously 9:11 P.M. Sewer Services Wages & Expenses 1550.00 Carried Unanimously 9:11 P.M. Care of Dumps & Removal of Ashes Wages & Expenses 1900 .00 Carried Unanimously 9:11 P.M. Garbage Collection Expenses 4800.00 Carried Unanimously 9:11 P.M. Highway Maintenance Personal Services 5356.00 Wages and Expenses 19300.00 (Of which $414.14 is to be transferred from Drain Construction, Sundry and $641.49 is to be transferred from Drain Construction, Mass. Avenue and Right of Way to Mill Brook) Carried Unanimously 9:12 P.M. Snow Removal Wages & Expenses 18000.00 Carried Unanimously 9:12 P.M. Traffic Regulation & Control Wages & Expenses 1975.00 Carried Unanimously 9:13 P.M. 485 Street Lights Expenses $23,000.00 Carried Unanimously 9:13 P.M. Street Signs Wages & Expenses 550.00 Carried Uran3mously 9:13 P. I. Highway Department - Road Machinery Account Expenses 8600.00 (This amount to be transferred from the Road Machinery Fund) Carried Unanimously 9:14 P.M. Town Physician Personal Services 750.00 Carried Unanimously 9:16 P.M. Aid to Dependent Children Personal Services 450.00 Other Administration 25.00 Aid & Expenses 10,000.00 Carried Unanimously 9:16 P.M. . Old Age Assistance Personal Services 1,821.67 Other Administration 150 .00 Aid & Expenses 25,000.00 Carried Unanimously 9:17 P.M. Soldier' s Relief Personal Services 350.00 Other Administration 25.00 Aid & Expenses 7,475.00 State Aid 500.00 �-- Military Aid 1,000.00 Soldier' s Burials 100 .00 tarried Unanimously 9:18 P.M. School Maintenance presented by Randall B. Houghton, Chairmen of School—Committee . VOTED: That the sum of $232,000 .00 be appropriated and assessed for the support of the Public Schools for the current year of which Personal Services 192,021.10 Expenses 39,978.90 Nathan B . Bidwell speaks against total amount asked for, stating same to be amended to read $221,708.15. General discussion by various speakers. Amendment as offered by Nathan B. Bidwell as follows: VOTED: The amount to be appropriated for the School Depart- ment for all purposes be $221,708.15, the amended reduction to be apportioned in the judgment of the School Board to Personal Services and to Expenses . Amendment as presented, declared not carried by the Moderator, which was doubted, and standing vote taken as follows: In Favor Tellers Opposed 14 Donald E. Nickerson 20 51 Neil McIntosh 40 16 Alan G. Adams 21 81 81 Account decision being a tie, same declared lost by the Moderator at 10:17 P.M. 486 Original motion as presented, read by the Moderator. Amendment offered by Harold F. Lombard that the item of Expenses be reduced 5%. Question by the Moderator, what would be the total amount of the vote, whereby Mr. Lombard replies, to make Expenses read $38,000.00, a total for Personal Services and Expenses to be $230,021.10. Amendment as presented by Harold F. Lombard put to a vote and declared carried. 10:20 P.M. Main vote was presented as follows, with amendment. `- School Maintenance Personal Services $192,021.10 Expenses 38,000 .00 Declared Carried 10:21 P.M. Randall B. Houghton, Chairman of the School Committee, pre- sents the following: VOTED: That the sum of $190.00 be appropriated and assessed for the maintenance of classes for instruction in Americanization. - Carried Unanimously 10:22 P.M. Randall B. Houghton, :Chairman of the School Committee, pre- sents the following: VOTED: That the sum of $1,187.00 be appropriated and assessed for the payment of tuition of pupils attend- ing Vocational School. Carried Unanimously 10:23 P.L . Presented by Randall B. Houghton. Cary Memorial Library & Branch Personal Services $9,835.00 Expenses 2,452.75 Carried Unanimously 10:24 P.M. Parks & Playgrounds Personal Services 4,012.17 Wages & Expenses 10,500.00 ( Of which $231.73 is to be transferred from theCenter Playground Fence Account, and 535.59 is to be transferred from the East Lexington Fence Account) Carried Unanimously 10:25 P.M. Y Memorial Day Expenses 250 .00 Carried Unanimously 10:25 P.M. Patriot' s Day Expenses 500.00 Carried Unanimously 10:25 P.M. Public Works Building Wages & Expenses 8,400.00 Special Equipment 390.00 Robert C. Merriam, Chairman of the Appropriation Committee, presents the following amendment: That the item of Special Equipment for $390.00 be omitted. Amendment as presented, carried 10:26 P.M. 487 Motion with amendment presented as follows: Public Works Building Wages & Expenses $8,400 .00 Carried Unanimously 10:26 P.M. Insurance 7,890.00 Carried Unanimously 10:27 P.M. Administration of Trust Funds Expenses 70.00 r— Carried Unanimously 10:27 P.M. Town Report Expenses 791.10 Carried Unanimously 10:27 P.M. Unclassified Expenses 300.00 Carried Unanimously 10:28 P.M. Water Maintenance Personal Services 4,256.91 Expenses 53,000.00 Replacements 1,250.00 Services 5,000.00 Carried Unanimously 10:29 P.M. Cemetery Maintenance - Munroe Personal Services 250.00 Wages & Expenses 1,951.80 Carried Unanimously 10:29 P.M. Cemetery Maintenance - Westview Personal Services 450.00 Wages & Expenses 2,644.80 (Which amount is to be transferred from the Westview Cemetery Sale of Lots Fund) Carried Unanimously 10:29 P.M. Interest on Debt 13,611.90 Carried Unanimously 10:29 P.M. Maturing Debt 132,000.52 ( Of which $10,000.00 is to be transferred from the Excess and Deficiency Account) Carried Unanimously 10:29 P.W. Article 8. VOTED: That the following sums be transferred to the Excess and Deficiency Account: From: Sewer Department - Claim Account - 65.70 Colonial Garage, Incorporated Highway Construction - Charles Street 41.81 Carried Unanimously/10:30 P.M. Article 9. VOTED: That the Board of Selectmen be authorized to ..� sell and convey any of the real estate acquired by the Town by foreclosure of tax titles, upon such terms and conditions as they may approve. Carried Unanimously 10:32 P.M. Question by Town Counsel, Sydney R. Wrightington, to finish item of the Public Welfare Department under Article 7. Article 7. Public Welfare Personal Services 4,074.19 Other Administration 550.00 Federal Commodities 1,500.00 Aid & Expenses 61,100.81 Carried Unanimously 10:32 P.M. 488 Article 10. VOTED: That the sum of $15,000.00 be raised and appropriated for the Reserve Fund as provided by Chapter 40, Section 6, General Laws. Carried Unanimously 10:33 P.M. Article 11. VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1939. Carried Unanimously 10:34 P.M. Article 12. VOTED: That the sum of 81,647.25, this being the sum received from the Middlesex County for dog fees, be transferred to the Cary Memorial Library ,_,, Expense Account. Carried Unanimously 10:35 P.M. Article 13. VOTED: That the sum of $4,733.25 be raised and appropriated for the Suppression of Gypsy and Brow. Tail Moths, and other pests, in accordance with Chapter 132, General Laws and amendments, to be expended as follows: For Personal Services - Salary of Superintendent $300.00 For Wages & Expenses 3533.25 For Replacement of Truck 900.00 Carried Unanimously 10:36 P.M. Article 14. VOTED: That the sum of $434.69, this being the town's share of the principal of the Middlesex County Tuberculosis Hospital Addition Funding Loan, Act of 1935, bonds maturing in 1939, less amount of premium-as provided in Section 37A of Chapter 35, General Laws, as amended by Chapter 29 of the Acts of 1933, be raised and appropriated, and that a further sum of $131.25 be raised and appropriated on account of interest and other charges on account thereof. That a further sum of $5,725 .37 be raised and appropriated for the town' s share of the net cost of care, maintenance, and repairs of the Middle- sex County Hospital, including interest on temporary notes issued therefor, in accordance with sections of Chapter ill of the General Laws, applicable there- to, including Chapter 400, Section 25 G ( 6) (a) of the Acts of 1936. Carried Unanimously 10:37 P.M. Article 15. VOTED: That the following sums be raised and appro- priated for pensions for retired members of the Police and Fire Departments, under Chapter 32 of the General Laws and amendments: Fire Department Pensions $1107.81 Police Department Pensions 1095.00 Carried Unanimously 10:37 P.M. Article 16. VOTED: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1939 in accord- ance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements -- therefor, and for the purpose of said installation the sum of $4,000.00 be appropriated, this money to be provided by the transfer of $1,000 .00 from the Water Assessment Fund, and the transfer of $3,000.00 from the Water Department Available Surplus Account. Carried Unanimously 10:38 P.M. • 489 Article 17. VOTED: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1939 in accord- ance with St. 1897, SCh. 504, as amended, or otherwise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $3,500.00 be appropriated and transferred from the Sewer Assessment Fund. Carried Unanimously 10:39 P.M. Article 18. VOTED: That the sum of $2,000.00 be raised and appro- priated for highway maintenance; said sum, or any portion thereof to be expended under the direction of the Selectmen and to be used in conjunction with any money which may be allotted by the Btate or County, or both, for this purpose. Carried Unanimously 10:40 F.M. Article 19. VOTED: That the Town raise and appropriate the sum of $4,000.00 for the improvement of Bedford Street; said sum, or any portion thereof, to be expended under the direction of the Selectmen and to be used in conjunction with any money-which may be allotted by the State or County, or both, for this purpose. Carried Unanimously 10:40 P.M. Motion made by Charles E. Ferguson the meeting be adjourned until Monday, March 27, 1939. Suggestion by Archibald R. Giroux, Chairman of Board of Select- men, that meeting be adjourned to two weeks, April 3., 1939, this suggestion being accepted by Charles E. Ferguson. Same being put to a voice vote, which was declared by the Moderator as not being carried. 10:41 P.M. Account question of doubt, the question of adjourning the meeting for two weeks, April 3, 1939, was again put to a voice vote, which was declared carried. 10:42 P.M. A True Record. Attest: (Th 14- , Toon 01- ( ' 490 SECOND ADJOURNED TOWN MEETING QLD APRIL 3, 1939 Meeting called to order by the Moderator, Robert H. Holt, at 8:10 P.M. There were 165 Town Meeting Members present. Unless otherwise noted, all articles for the meeting were presented by Archibald R. Giroux, Chairman of the Board of Select- men. Under Article 2, Robert C . Merriam asked permission to present a resolution. "r The Moderator asked if any objections. Being none, the Mod- erator declared said reading to be in order, whereby the following was presented. AREAS, during the economic depression of the last several years, actuated by duty and sympathy for the less fortunate but wholly deserving of its citizens, our State has endeavored, in many ways to fulfill its obligation to them, and in so doing, as well as by some legislation of questionable necessity, has through various avenues spent millions of dollars, which its citizens must pay through taxation; and WHEREAS, the State tax has now reached the point where it is injuring business and depressing valuation of property which mist be relied upon to pay obligations of the State itself, as well as of its citizens; and AREAS further reduction of the valuation of such prop- erty and consequent impoverishment of its owners threatens a finan- cial catastrophe to cities, towns and citizens alike, NOW, THEREFORE, the citizens of Lexington, through their representatives in Town Meeting assembled, do most respectfully request and urge the Great and General Court, now in session, to not only; most carefully and critically examine all appropriations and projects likely to increase state taxes, summarily rejecting all such measures, except those of the utmost urgency, to the end that all unnecessary expenses may be stopped; but also to go much further, and promptly seek, investigate, and embrace every oppor- tunity to reduce expenditures by the curtailment or elimination of all services or projects that are not strictly and immediately vital to the common welfare; so that, the state tax, as assessed upon the towns and cities of this Commonwealth, may be drastically reduced in the near future. After reading said Resolution, Mr. Robert C. Merriam added the following: Mr. Moderator, .I move tl-iat this resolution as just read be accepted and endorsed by this Meeting, and that the Town. Clerk be instructed to forward a copy of it, together with a record of its acceptance srd endorsement by the Town Meeting, to our State rep- resentatives and our State senator. The above as presented, put to a vote and declared carried unanimously at 8:14 P.M. Senator Joseph R. Cotton asked permission to take the floor, ._.. same being granted, he spoke in recognition and appreciation of the recent resolution presented him by vote of the Town Meeting held March 20th, 1939. Article 39. The Moderator asked if there was any objection in presenting this article, which did not follow in order. There being no ob- jection, same was presented as follows: 491 Article 39. VOTED: That the sum of $16 ,315.00 be appropriated for the purchase of a new ladder truck for the Fire Department, the same to be purchased by the Board of Fire Engineers, and that for this' purpose the sum of $6,315.00 be raised from the revenue of the current year, and the sum of $10,000.00 be provided by the issuance of notes of the town payable in not exceeding five years in accordance with the law. Edward W. Taylor, Chief of the Fire Department, asked per- r— mission to speak. There being no objection, be speaks in favor of the truck, which was followed by slides showing pictures of L. . the new truck. Nathan B. Bidwell presents the following amendment: VOTED: That the subject matter contained in article 39 and any matters incidental thereto be referred to a" committee of five, the chairman of which be Robert W. Fawcett of the Appropriation Committee, and the other four be selected by the Moderator, one of the four to be from the fire department engineers, one from the Board of Selectmen, one from the Precinct Committee of Twelve, and one person- at large; said committee to report to the Town on or before July 1, 1939 . General discussion by various speakers . The question of accepting Mr. Bidwell's amendment presented for vote, which by voice vote was declared lost at 8:50 P.M. The Moderator declaring a two thirds vote necessary, asked for a standing vote, which was as follows: In Favor Tellers Opposed 7- 21 Frederic K. Johnson 13 51 Leland H. Emery 31 10 ,James E. Spellman 20 82 64 Lost, 8:53 P.M. Article 20. VOTED: That the Town raise and appropriate the sum of y$2,700.O0 for the improvement of Weston Street; said sum, or any portion thereof, to be expended under the direction of the Selectmen and to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose. Same declared lost by voice vote, 9:01 P.M. Article 21. VOTED: That the Town accept the layout as a town way of Eliot Road between Pelham Road and Washington Street, as laid out by the Selectmen, and shown upon a certain plan on file in the office of the Town Clerk, dated January 19, 1939 . Carried Unanimously 9:03 P.M. Article 22 presented by Sydney R. Wrightington, as follows: Article 22. VOTED: That the Selectmen be authorized to raise and appropriate the sum of $1500.00 for the improve- ment of Westview Street, as relocated by the County Commissioners, and to accept reimbursement from the New England Water Supply Corporation or Layne-Bowler New England Co. for the cost of the work, including land damages; and to accept a gift of a conveyance of land for the purposes of the said relocation from the New England Water Supply Corporation or Layne- Bowler New England Co. or from the present owners of the land within the said relocation. Carried Unanimously 9:05 P.M. 492 Article 23. VOTED: That the Town raise and appropriate- the sum of 20,000'.00 for providing co-operation with the Federal Government in unemployment relief and other projects, of direct or indirect benefit to the town or its inhabitants, said sum to be expended by the Selectmen. Carried Unanimously 9:06 P.M. Article 24. VOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets: Oakmount :Circle; Daniels Street. .__. Carried Unanimously 9:07 P.M. Article 25. VOTED: That the Selectmen beauthorizedto construct granolithic or bituminous concrete sidewalks where the abutting owner pays one-half the cost, and for the purpose of said construction the sum of $1,000.00 be raised and appropriated. Carried Unanimously 9:08 P.M. Article 26. VOTED: That the Selectmen be authorized to install water mains not less than 6" and not more than 16 ' in diameter in the following street: Stetson Street, from Merriam Street to Oakland Street, a distance of approximately 600 feet; and in such other streets as the Selectmen may deter- mine, and for this purpose the sum of $3,500.00 be appropriated, the money to be provided by transfer from available funds as follows: From Water Construction - Raymond Street Acct. $1,094.82 rr cF - Cottage and East Streets Account 880.21 From-Water Department Available Surplus- Ac c ount 1,524.97 Carried Unanimously 9:09 P.M. Article 27. VOTED: That the action of the Selectmen in execu- ting an agreement with the Town of Arlington for reciprocal use of sewers near the boundary line be- tween the two towns dated December 5, 1938, a copy of which.was read to this meeting, be ratified and adopted and that the Selectmen be authorized to deliver the same or to execute and deliver one sub- stantially similar thereto on receipt of a duplicate thereof executed by the duly authorized officers of the Town of Arlington. The following read by the Town Counsel, Sydney R. Wrighting- ton. AN AGREEMENT made this 5th day of December, 1938 between the Town of Arlington, a municipal corporation in Middlesex County, of the one part, and the Town of Lexington, a municipal corpora- tion in Middlesex County, of the other part, WHEREAS both Arlington and Lexington are included in the Metropolitan Sewer District and sewage from Lexington now flows through a trunk line or trunk lines in Lexington into similar lines in Arlington; and utt .;AS in certain sections of the two Towns adjacent to the line between them it will be -more economical to discharge sewage from sewers directly into the street mains of the other 493 Town instead of directly to the trunk line of each Town respect- ively, and it is the purpose of this agreement to provide a reciprocal arrangement for that purpose, and this agreement is entered into on behalf of the said Towns by their respective Boards of Selectmen but is to take effect only upon ratification thereof by the Town Meetings of the respective Towns; and Wh7REAS when used herein the word "sewer" refers to sanitary sewers and not to drains for surface water; .�. NOW, THEREFORE, in consideration of the premises and of the Lmutual agreements herein contained it is hereby mutually agreed as follows: 1. Whenever theTownof Lexington shall build a sewer in Crescent Hill Avenue, Lexington, extending to or near the -Arli.ng- ton line, the Town of Arlington may connect with it sewers in Arlington within the area -shown on the plan hereto annexed marked "A", and discharge through it sewage from the said area. 2. Whenever the Town of Lexington shall build a sewer in Daniels Street, Lexington, extending to or near the Arlington line, the Town of Arlington may connect with it sewers in Arling- ton within the area shown on the plan hereto annexed marked "B" , and discharge through it sewage from the said area. - 5, The Town of Lexington may connect a sewer in Lowell Street, Lexington, to the Arlington sewer in Lowell Street at or near the Arlington-Lexington line and through that Lowell Street sewer in Lexington discharge the sewage from an area described as follows: Beginning at a point on the Arlington-Lexington town line at the center of Summer Street so-called, thence northeasterly 7-- 900 feet along said town line, thence northwesterly a distance of 1000 feet to a point about 600 feet northeasterly of the center line of Summer Street, thence southwesterly about 1000 feet to a point on the center line of Lowell Street which is 1500 feet measured along the center line of said Lowell Street from the point where the Arlington-Lexington line crosses said Lowell Street, thence southwesterly by a line perpendicular to Lowell Street for a distance of 150 feet, thence southeasterly and parallel with said Lowell Street to the said Arlington- Lexington town line, and thence northeasterly by said Arlington- Lexington town line to the point of beginning. Said area is shown on the plan hereto annexed marked "C" . 4. Neither Town shall be obligated to pay any part of the . cost of construction or maintenance of sewers in the other Town except such parts of sewers across the town line as it may choose to construct at connecting points. Any construction by one Town in the other shall be in a manner satisfactory to the Superintendent of the Sewer Department of the other and there- after the surface of the ground excavated shall be restored by the Town making the excavation to the condition in which it was before such excavation. No charge shall be made by either Town to the-other for the facilities hereby accorded. 5. This agreement shall take effect when ratified by the Town Meetings of Lexington-and Arlington respectively. - IN vft1TNESS WHEREOF the parties hereto have caused this instrument and a duplicate original thereof to be signed in their names and on their behalf and their respective corporate seals to be affixed by their respective officers thereunto duly authorized. TOWN OF ARLINGTON_ TOWN OF LEXINGTON By By JAPES R. SMI'1H ARCHiBALD R. GIROUX A. EDWARD ROWSE PHILIP M. CLARK ALBERT A. ROSS WILLARD A. WALLACE WILLIAM G. POTTER 494 r Article 27 as presented, carried unanimously 9:12 P.M. Article 28. VOTED: That the Selectmen be authorized to pur- chase the lot of land on Clarke Street known as the Isaac Harris Cary Educational Fund lot, and contain- ing 12,508 square feet, more or less, as an addition to the site of the Cary Memorial Library, and for this purpose the sum of $1,500 .00 be raised and appropriated. Robert C. Merriam, Chairman of the Appropriation Committee, states that the Appropriation Committee disapproves of the pass- ing of this article. Article as presented, put to voice vote. Declared lost at 9:15 P.M. Article 30. VOTED: That the Torn ratify the action of the Board. of Selectmen in requesting the Legislature to amend Statute 1926, Chapter 221 with reference to the assessment of betterments for sewer construction in Lexington so as to make possible the use of Federal funds in sewer construction. Carried Unanimously 9:17 P.M. Article 32. Moved for indefinite postponement. Carried Unanimously 9:17 P.M. Article 33. Moved for indefinite postponement. Carried Unanimously 9:17 P.M. Article 34. VOTED: That the sum of §l3,650.87 be raised and appropriated for the Contributory Retirement System established under the provisions of Chapter 318 of the Acts of 1936, comprising the following items: .__. For Pension Accumulation Fund $12,633.00 For Interest Deficiency on Funds 267.87 For Expense Fund 750.00 Carried Unanimously 9:18 P.M. Article 36. Moved for indefinite postponement. Carried Unanimously 9:20 P.M. Article 37. Moved for indefinite postponement. Carried Unanimously 9:20 P.M. Article 38. VOTED: That the sum of $350.00 be appropriated for the improvement of the traffic control system at the junction of Massachusetts Avenue, Bedford and Clarke Streets, and that for this purpose the sum of $314.50 be raised from revenue of the current year and the sum of $35.50 be transferred from the account for Traffic Regulation and Control - Im- provements for 1938. Declared lost by voice vote, 9:23 P.M. Mr. Elmer C. Houdlette states he was desirous of getting the sense of the meeting, and presented the following: VOTED: That it is the sense of this meeting that the budgets for the year 1940 from each and every department be submitted to the Town at an early date for amounts equivalent to a five per cent reduction from the sums appropriated for the current year of 1939. 495 Harold B. Lamont states he would like to present an amend- ment to the above to read fifteen per cent reduction instead of five per cent. Mr. Willard C . Hill states account the objective being on 1940 appropriations, he was of the opinion it would be better to wait until a later date. William B. Bennett moves the meeting be dissolved. -®- On vote to dissolve the meeting, it was declared not carried by the Moderator. 9:24 P.M. The decision being doubted, the Moderator then asked those to raise their hands who desired the meeting to be continued, and all those who desired the meeting not to continue, whereby his decision from the raised hands was that the decision to dissolve the meet- ing was in order. Thereby the Moderator stated all the articles of the warrant being disposed with, the meeting was declared dissolved. 9:25 P.M. A true record. Attest: Town/ erk 496 cn 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, quali- fied to vote in elections and in town affairs, to meet in the Cary Memorial Building, in said Lexington, on Thursday, the 27th day of — July, 1939 at eight o'clock 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 and to appoint other Committees. Article 2. To see if the Town will vote to appropriate a sum of money to pay the necessary expenses of the Superintendent of Schools incurred outside the Commonwealth in securing inform- ation upon matters in F,hich the Town is interested or which may tend to improve the service in the School Department. Article 3. To see if the Town will accept a gift under the will of Emma I. Fiske to be used for the decoration and/or equip- ment of the Primary Department of the Adams School, consisting of a collection of minerals, an upright piano, and the sum of $500.00. Article 4. To see if the Town will accept Chapter 91 of the Actsbf 1939, of which the following is a copy; Chapter 91 " AN ACT AUTHORIZING THE CHANGING OF THE METHOD AND RATE OF ASSESS* MELTS FOR SEWERS CONSTRUCTED BY THE TOWN OF LEXINGTON IN CO-OPER- ATION WITH THE FEDERAL GOVERNMENT. Be it enacted., etc. , as follows: Section 1. The provisions of section one of chapter three hundred and twenty-two of the acts of nineteen hundred and thirteen, as amended by section one of chapter two hundred and twenty-one of the acts of nineteen hundred and twenty-six, with reference to assessment of the cost of sanitary sewers constructed in the town of Lexington in accordance with the provisions of chapter five hundred and four of the acts of eighteen hundred and ninety-seven, as amended, shall not apply to sanitary sewers, as defined in section one of said chapter two hundred and twenty-one, constructed in the said town in co-operation with the Works Progress Administration of the United States. The portion of the cost of such sanit- ary sewers which is not paid or provided by said Works Progress Administration shall be assessed upon the estates specially benefited by such sanitary sewers. The board of selectmen of said town shall determine the amount to be so assessed and shall apportion the same upon the estates that they shall determine to be specially benefited, in the proportion which the area of each such estate, for a depth not to exceed one hundred and twenty-five feet, bears to the total area included in the calculation, but the entire estate shall be subject to the lien for such assessment. No land shall be taxed or assessed hereunder more than once. No assessment hereunder shall be levied upon any estate or part thereof, which by reason of its grade or otherwise cannot be drained into such new construction, until such incapacity 497 has been removed. No assessment hereunder shall exceed the amount of the special benefit to the estate assessed. No drain or sewer from an estate or part thereof not previously assessed or not presently liable to assessment as herein provided, or as provided in said chapter three hundred and twenty-two, as amended by said chapter two hundred and twenty- one, shall be entered in such a sanitary sewer, as defined as aforesaid, so constructed in co-operation with said Works Progress Administration, except upon the payment of such an assessment or charge and upon such other terms and conditions r- as the board of selectmen of said town shall determine. The provisionsofchapter eighty of the General Laws relative to the apportionment, division, reassessment, abatement and collection of assessments, and to interest, shall apply to assessments made under this act. The cost of such sanitary sewers so constructed shall not be included in future determ- ination of "cost" of sewers for the purpose of assessment under said chapter three hundred and twenty-two, as amended by said chapter two hundred and twenty-one. Section 2. This act shall take full effect upon its acceptance within two years after itspassage by the Town of Lexington. Approved March 24, 1939. " Article 5. To see if the Town will vote to transfer unexpend- ded appropriation balances in any of the Accounts to the Excess and Deficiency Account, or take any other action in relation thereto. Article 6. To see if the Town will vote to install street lights in the following unaccepted street: Aerial Street. Article 7. To see if the Town will vote to make further -®- appropriations for the year 1939 by transfer or otherwise, for the following accounts: Maturing Debt; Law Department - Expenses; State Aid. Article 8. To see if the Town under the authority of Chapter 63 of the Acts of 1939 or under any other authority will authorize the Selectmen to borrow during the current year for the refunding ofloans already lawfully issued for the purpose of meeting in whole or in part appropriations made to repair extraordinary damage to the highways, bridges or other public works of the Town or any combination of such public works as a result of the storm in September, 1938, or to appropriate additional money to meet pay- ment in 1939 of loans issued in 1938 or a combination of the two methods. Article 9. To see if the Town will vote to rescind the vote passed under Article 19 of the Warrant for the Town Meeting held on March 20, 1939 to appropriate a sum of money for the improve- ment of Bedford Street, said money to be expended under the direct- ion of the Selectmen and to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose. Article 10. To see if the Town will vote to ratify the ex- ecution by the Selectmen of a contract, contingent upon retitle- __ ation by the Town, with Charles W. Ryder of Newton, Massachusetts, Minnie M. Ryder of the said Newton, Robert L. Ryder of Lexington, Massachusetts, the said Charles W. Ryder and Robert L. Ryder as they are Trustees of the Lexington Estates Trust, and 'the said Robert L. Ryder as he is Trustee of the Lexington Real Estate Trust, dated July 10, 1939, for the purpose of settling litiga- tion and other controversies between them and the Town, a copy of which is now on file with the Selectmen and open to public inspection, to appropriate the sum of $41,000.00 for the purpose 498 t- 00 of said settlement, of which $35,000. will be applied for the redemp- tion of fax titles held by the Town and unpaid taxes and interest as provided in the said agreement, and provide for the payment of the same by assessment or by transfer from other accounts, and to take any other action with respect to the said contract. Article 11. To see if the Town will authorize a compromise of any or all litigation or other controversies between the Town and the parties referred to in the last preceding Article, their mort- gagees or successors in title, and provide for any payments so authorized by assessment or transfer from other accounts or by the issue of bonds or notes of the town payable as provided by law. Article 12. To see if the Town will vote to authorize the Assessors to use $35,000.00 from Free Cash toward the reduction of the 1939 tax rate. Article 13. To see if the Town will amend its Plumbing By- law by substituting therefar a new Plumbing By-law, a copy of which is on file in the office of the Town Clerk and open to pub- lic inspection, and a printed copy of which is enclosed with this Warrant, which is by this reference incorporated herein and made a part hereof, and appropriate by transfer or otherwise, funds to pay for the printing and advertising of the same, or take any other action in relation thereto. Article 14. To see if the Town will vote to amend the Zoning By-Law by adopting the following amendments thereto, or take any action thereon: By inserting in Section 2: "(g) A limited apartment building is a group of apartments not over two and one-half stories high, arranged in rows or on two or three sides of a central court." By inserting in Section 3 (a), after R.2:- "R.3 indicates a limited apartment district." By inserting in Section 3 (b), R.1 Districts, in the second line after "R.2", the symbols "R.3", By inserting in Section 3 (b) , after RA- Districts, 10, - the words "R.3 Districts" By inserting in Section 4, just before "In T.1. Districts", - the following:- "In R.3 Districts:- All uses that are permitted under R.1, but subject to any conditions and restrictions set forth therein and, subject to the provisions of Section 9, the following:- 1. Limited apartment buildings. 2. Group garages, as provided in Section 8, (e )." By inserting in Section4, in T.1 Districts, after "R.1" the symbols "R.2 and R.3". By inserting in Section 4, In M. 1 Districts, after "R.2" the symbols "R.5". By adding to Section 6, the following:- "(c) In R.3 Districts no limited apartment building shall be permitted upon a lot having less than 100 feet frontage upon 499 the frontage street, nor shall it cover with its main struct- ure, not including garages but including porches, steps or other additions a total of more than 25% of the lot area. For each limited apartment building there shall be yards at front and rear and at both sides, beyond the exterior line of any porch or other part of the building, of not less than 15 feet in width which shall not be occupied by any building or struct- ure at any time, provided however that any such yard abutting upon a C.1 District shall be not less than thirty feet in width. No court shall be less than 30 feet in width." r- By adding. to Section 7, (a) after "R.2" the symbols "and R.3". By adding to Section 7, (b), the following:- "In R.3 Districts no limited apartment building shall be erect- ed at a greater distance than 40 feet from the frontage street unless there is provided a driveway of not less than 15 feet in width of traveled way leading from the street to the build- ing." By adding to Section 8, the following:- "(e ) In R.3 Districts, private garages, not over one story high, in groups, each group being for the sole use of the occupants of one limited apartment building, for their pleasure cars only, subject to the provisions of Section 9, provided that such group garages shall be not less than 25 feet from any part of a limited apartment building." By changing Section 9 " (h)" to "(i )". By substituting for the present paragraph "(h)" in Section 9, the Following:- "(h)" In considering an application for a permit for a limited apartment building, and accessary buildings permitted in 'connection therewith, the board shall consider the design and location of the main building and accessary buildings, as affecting light, ventilation and fire protection, probable traffic hazards, and other features affecting health, safety and welfare. The board may give weight to existing permanent open space, lot irregularities or topographical conditions as bearing on the requirements of this paragraph." Article 15. To see if the Town will vote to install a water main in Crescent Road a distance of two hundred and forty feet (240 ft. ) in a southerly direction, with such connections as are required to the existing system, in accordance with Article 8, Section 1 of the By-Laws of the Town, without the assessment of betterments; and take the necessary easements required therefor by Eminent Domain, or otherwise, and to appropriate funds for the same by transfer or otherwise. Article 16. To see if the Town will accept a gift from Annie F. Shepard of 1386 Massachusetts Avenue, Lexington, Massachusetts, of forty United States slags to be placed around the Common when so decreed by the Selectmen, or take any action in relation thereto. -® And you are directed to serve this Warrant seven days at least berore 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 goo 1—, your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this tenth day of July, A. D. , 1939. Archibald R. Giroux SELECTMEN William G. Potter I] Errol H. Locke OF A. Edward Rowse Geo. W. Sarano LEXINGTON July 20, 1939. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the vestibule of the Town Office Building, and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington. 501 SPECIAL TOWN MEETING .NID JULY 27, 1939 Meeting called to order by James J. Carroll, Town Clerk. 8:14 P. M. Upon the question by Selectman Archibald R. Giroux, of a quorum being present, an actual count was taken of the Town Meet- ing Members present by the following tellers: Dr. Shannon 31 Dr. Morrill 61 7. Roger Greeley 28 Total Town Meeting Members present 120 - 8:15 P. M. Account the absence of Robert H. Holt, Moderator, the Town Clerk stated it would be in order for the election of a Moderator Pro-Tem for the meeting. Selectman Archibald R. Giroux made the nomination of Senator Joseph R. Cotton, for Moderator Pro-Tem, which was seconded, and Senator Joseph R. Cotton was elected as Moderator Pro-Tem for the meeting. 8:16 P. M. The Town Clerk swore the Moderator Pro-Tem to the faithful performance of his duties. 8:17 P. M. The Town Clerk read the warrant for the meeting, until upon motion, duly seconded and voted, further reading was waived. 8:18 P. M. The Town Clerk read the Constable' s return of warrant. 8:18 P. M. All articles were presented by Selectman Archibald R. Giroux, unless otherwise specified. The recommendations of the Appropriation Committee were read as each Article was presented by George M. Hynes. 1 Under Article One, George M. Hynes, of the Appropriation Committee , presented the report of the Appropriation Committee, moving that same be accepted and placed on file, and so voted. ,Voted Unanimous 8:19 P. M. Article 2. Presented by Frederic L. Fischer, of the School Com- mittee as follows: VOTED: That the sum of $100.00 be appropriated to pay the necessary expenses of the Superintendent of Schools incurred outside the Commonwealth in secur- ing information upon matters in which the Town is interested or which may tend to improve the service in the School Department, and to meet said appro- priation ppro- priation the sum of 0100.00 be transferred from School Maintenance, Expense Account. Voted Unanimously 8:21 P. M. Article 3. VOTED: That the Town accept a gift under the will of Emma I. Fiske to be used for the decoration and/ or equipment of the Primary Department of the Adams School, consisting of a collection of minerals, an upright piano, and the sum of 0500 .00. Voted Unanimously 8:22 P. M. 502 1.4 Article 4. Motion made for Indefinite Postponement. Voted Unanimously 8:23 P. M. Article 5. VOTED: That the following unexpended balances be transferred to the Excess and Deficiency Account: 1938 Account, Traffic Control System Improvements $35.50 1938 Account, Planning Board-Special Engineering work 50.00 Insect Suppression - Truck Replace- ment 148.16 Voted Unanimously 8:25 P. M. Article 6. VOTED: That the Selectmen be authorized to install street lights in the following unaccepted street: Aerial Street. Voted Unanimously 8:26 P.M. Article 8. VOT7D: That the Town under the authority of Chapter 63 of the Acts of 1939 or under any other authority, authorize the Town Treasurer, with the approval of the Selectmen, to borrow the sum of $23,000.00 for the refunding of loans already lawfully issued for the purpose of meeting in whole appropriations made to repair extraordinary damage to the highways, bridges, or other public works of the Town or any combination of such public works as a result of the storm in September, 1938, and he is hereby author- ized to issue bonds or notes of the town therefor, said bonds or notes to be payable in not more than five years . -' Amendrent made by Harold B. 'Lamont, article read, payable .._. in ten years, instead of five years. Amendment declared lost by a unanimous vote. 8:30 P. M. Original article as presented, voted unanimously 8:30 P. M. Article 7. VOTED: That the following amounts be appropriated for expenses for the current year: Maturing Debt $19.32 Law Department - Expenses 200.00 State Aid 200.00 (which sum is to be transferred from Military Aid) Voted Unanimously 8:34 P. M. Article 9. VOTED: That the Town rescind the vote passed under Article 19 of the Warrant for the Town Meeting held on March 20, 1939, under which the sum of $4,000.00 was appropriated for the improvement of Bedford Street. Voted Unanimously 8:35 P. M. Articles 10 and 11. Presented by Sydney R. Wrightington, Town Counsel, combined, no objection from Town Meeting Members . Mr. Wrightington stated, if there were no objections from the Town Meeting Members , he would not read the agreement because of the length of same, which was approved by the Town Meeting Members present. VOTED: That the Town ratify and adopt the execution by the Selectmen of a contract with Charles W. Ryder and others dated July 10, 1939, for the purpose of settling and compromising litigation and other con_- --- -- - ---- I - - - - ------- - - -- ------- --- -- - 503 troversies between some or all of them and the Town, a copy of which is annexed to this vote Voted Unanimously 8:45 P. M. AND FURTiintt VOTED: That the Town appropriate the sum of $41,000.00 for the purpose of carrying out the said contract. The payment of the said sum by the Town shall be made only when the other parties to the said contract simultaneously deliver or r— cause to be delivered releases as provided in the said contract and Voted Unanimously 8:46 P. M. FURTHER VOTED: That the proper officers of the Town are author- ized and directed to do such other acts as are necessary for the purpose of performing the obli- gations of the Town under the said contract. Voted Unanimously 8:47 P. M. Article 12. Presented by Sydney R. Wrightington, Town Counsel. VOTED: That the Town authorize the Assessors to use $28,000.00 from Free Cash toward the reduction of the 1939 tax rate. Voted Unanimously 8:48 P. M. Article 13. Selectman Archibald R. Giroux states, if no object- ions from the Town Meeting Members, he would not read the article. There were no objections . Permission granted Mr. Poole of Newton to appear upon the floor, there being no objections to same, who spoke in favor of the article. Vernon Page spoke in opposition to the article. Arthur F. Hutchinson moves that the article be indefinitely postponed, wh5ch upon a voice vote for indefinite postponement, was doubted, the following standing vote was taken. For Indefinite Postponement Tellers Opposed 12 W. Roger Greeley 21 39 Dr. Morrill 16 15 Dr. Shannon 7 66 44 Indefinite postponement carried 9 P.M. Selectman Archibald R. Giroux, under Article One, recommends the appointment of a committee of five to study the new plumbing by-laws. The Moderator Pro-Tem asks to have such a motion in writing., Article 13 reopened and voted as follows, by unanimous consent. AND FURTHER VOTED: That the sum of y$80 .30 be raised r— and appropriated to pay the cost of printing and - folding the said new Plumbing By-Law. Voted Unanimously 9:01 P. M. Article 14 presented by Lester F. Ellis, which, there being no objections from the Town Meeting Members, the article was not read. The report of the Planning Board was read by Clements H. Ferguson, as follows: 504 REPORT OF TIDE PLANNING BOARD ON TEE PROPOSED AMENDMENTS TO TiE LEXINGTON ZONING BY-LAW AIM I•r1AP AS TB= APPEAR UNDER ARTICLE 14 IN THE WARRANT FOR THE TOWN MEETING TO BE ESLD JULY 27, 1939. A public hearing was held May 18, 1939, after notices were given in accordance with the Lexington Zoning By-Law, and the Planning Board now submits a final report with recommenda- tions to the town. This amendment is being presented as the result of a joint meeting of the Board of Selectmen, the Appropriation Committee, the Board of Assessors and the Planning Board, and the purpose of the article is to make possible the erection of apartment houses in other tihsn business ( C.1) zones. While technical in details, the change provides for mul- tiple dwelling buildings, restricted in height, lot coverage, front, side and back yard, and garage provisions in such a manner as to properly safeguard residential areas against property devaluation. This amendment is a general permissive act to allow limited apartments in Lexington. The specific location of such a building will come before the t own when and if a build- ing is to be erected. The provisions of this by-law do not conflict with the building code or tenement house act adopted by the town, but are supplementary thereto. This matter had been studied at length at three different occasions during the last six years and the present proposed amendments are the results of past Planning Boards' work plus a thorough review by the present Board. The Planning Board believes that the adoption of this amendment is to the best interests of the town as a whole and _.. recommends favorable action by this town meeting. W. R. GREEL= LESTER F.. ELLIS T C LEli H. .[ER GUS O1V EDWIN B. WORT EN, JR. D. A. NICKERSON EDWARD W. KIMBALL PLANNING BOARD. Article 14, as presented, voted unanimously 9:08 P. M.- Article 1. VOTED: That the Moderator name a new committee of 5 from the Town Meeting to study and make recommenda- tions in regard to proposed new plumbing by-laws. r Voted Unanimously 9:10 P. M. Article l5.- Recommendation made that Article 15 be indefinitely postponed, which was voted unanimously 9:10 P. M. Article 16. VOTED: That the Town accept a gift from Annie P. Shepard of 1386 Massachusetts Avenue, Lexington, Massachusetts, of Forty United States flags to be placed around the Common when so decreed by the Selectmen. Voted Unanimou s ly 9:14 P. M. 505 Motion made, seconded and voted that the meeting be dissolved. 9:15 P. M. A true record. Attest: / Town : erk SPECIAL MEETING OF TOWN MEETING MEI ERS PRECINCT THREE, HETI? MARCH 20, 1939 The following names were nominated from the floor for elec- tion as a Town Meeting Member for a term ending in 1942. James W. Smith Fletcher W. Taft George P. Wadsworth James tir. Smith of 6 Franklin Road was declared elected with eighteen votes . George M. Davis Clerk March 30, 1939 To the Town Clerk: I, James W. Smith of 6 Franklin Road, Lexington, Massachusetts, do hereby accept 11j election as a Town Meeting Member, held March 20, 1939, of Precinct Three for a term of three years. James W. Smith 506 SPECIAL MEETING TOWN MEETING MEMBE.rZ OF PRECINCT FOUR, Hw.LD MARCH 20, 1939 A. Randall Soderberg of 51 Dexter Road, was elected as a Town Meeting Member, term ending in 1941. , - Ralph B. Dibble of 1981 Massachisetts Avenue, was elected as a Town Meeting Member, term ending in 1940 . Elmer C . Houdlette Clerk March 30, 1939 To the Town Clerk: I, A. Randall Soderberg of 51 Dexter Road, Lexington, Massachusetts, do hereby accept my election as a Town Meeting Member, held March 20, 1939 , in Precinct Four for a term of two years. A. Randall Soderberg -1 March 30, 1939 To the Town Clerk: I, Ralph B. Dibble of 1981 Massachusetts Avenue, Lexington, Massachusetts, do hereby accept my election as a Town Meeting Member, held March 20th, 1939, in Precinct Four, for a term of one year. Ralph. B. Dibble April- 11, 1939 Yr. James J. Carroll Town Clerk Lexington, Mass . I hereby tender my resignation as a Town Meeting Member from Precinct 1, effective as of today. My term of office expires in 1941. 507 Cause: General letter form 240, signed by Col. Farring- ton, W. P. A. Administrator, Washington, D. C . Very truly yours, Leigh V. Farnham 814 Mass. Ave. Lexington, Mass. I.D. 9190-574 L July 28, 1939 Town of Lexington, Attention Mr. J. J. Carroll, Town Clerk, Lexington, Mass. Dear Mr. Carroll: I herewith tender my resignation as town meeting member from Precinct 3. This is necessary because of moving to Kingston, Mass . , Making it impossible for me to contime to hold this position. ^. Yours very truly, L. H. Burnham TOWN -ARRANT 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 the Cary Memorial Building, in said Lexington, on Monday, the 13th day of November, 1939 at eight o'clock P. M., then and there to act on the fallowing articles: Article 1. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 2. To see if the Town will accept Chapter 91 of the Acts of 1939, as amended by Chapter 446 of the Acts of 1939, modifying the previous requirements for betterment assessments in the con- struction of sanitary sewers in Lexington so as to permit co-op- , oration with Federal agencies. 508 0-4 Article 3. To see if the Town will vote to abandon 'certain rights and easements taken by eminent domain by the Town in an order of taking of a temporary leasehold interest in certain lands in connection with the North Lexington Sewer. Project. Article 4. To see if the Town will vote to abandon the rights and easements, if any, taken by the Town by eminent domain to lay a force main in certain- lands included in the easement for the North Lexington Sewer- Project in which a gravity sewer has been constructed. Article 5. To see if the Town will vote to appropriate sutra; of money for the following accounts, such appropriations to be met by transfers from available funds, or by any other method: Road Machinery Account Snow Removal School Maintenance Expenses Article 6. To see if the Town will amend the Building 8y-law by adding at the end of Article V, Section 2 a new section to read as follows: "Section 2 (a) . Before approval _by the Board of Survey of a subdivision plat under G. L. Oh. 41, sec. 81 P, it ' shall require that the ways laid out on such plat shall coor- dinate with other existing or proposed streets with which they may connect, and it shall require such provisions for the dis- posal of surface water as will prevent damage to the said streets and utilities and to other ways in-the townand shall require an agreement by the subdivider, binding on his successors in title, to construct the ways and/or utilities in the manner and location shown on said plat as finally approved, and to conform to the regulations of the Board of Survey regarding such construction, performance of which agreement shall be secured by a bond with a surety company, authorized to do business in Massachusetts, as surety, in the sum of One Thou- .._.,. sand Dollars as liquidated damages. No permit shall issue for the erection of any building or the carrying on of any activity requiring a permit on lots abutting on such ways until such ways are so constructed." 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-third day of October, A. D., 1939. ARCHIBALD R. GIROUX WILLIAM G. POTTER ' A. EDWARD ROWSE GEO. W. SARANO ERROL H. LOCKE - Selectmen of Lexington. 509 November 4, 1939. To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies_ of the foregoing Warrant in the vestibule of the Town Office Building and six other public places in the Tawas and by mailing a printed copy of the same to every registered voter in the Town nine days before the time of said meeting. Attest: Patrick J. .Maguire Constable of Lexington. SPECIAL TOWN MATING HELD NOVEMBER 13, 1939 Meeting called to order at 8:13 P. M. by the Moderator, Robert H. Holt. The Town Clerk, James J.. Carroll, read the warrant for the meeting until upon motion of Selectman Errol H. Locke, duly seconded and so voted, further reading of the warrant was waived. 8:15 P. M. The Moderator speaks on the number of Town Meeting Members present, to constitute a quorum, the number of Town Meeting Mem- bers present being ninety, the Moderator declared _a recess until 8:30 P. M. in order to obtain the required number of one hundred Town Meeting Members. During the recess Article Six of the warrant was discussed. Explanations by Town Counsel, Sydney R. Wrightington. The Town Clerk read the Constables return of the warrant. 8:15 P. M. At 8:30 P. M. there were 102 Town Meeting Members present, whereby the Moderator declared the meeting in order and be re- sumed. Under Article One, Robert H. Merriam, Chairman of the Appro- priation Committee, presented the Appropriation Committee Report, [- moving that same be accepted and placed on file, seconded and so voted. Unanimous 8:31 P. M. Town Counsel, Sydney R. Wrightington, explained Article 2, offering the following. Article 2. VOTED: That the Town accept Chapter 91 of the Acts of 1939 as amended by Chapter 446 of the Acts of 1939. Carried Unanimous 8:34 P. M. 510 Article 3, presented by Town Counsel, Sydney R. Wrightington, as follows: Article 3. whereas the Town by an order of taking dated November 22, 1938 and recorded in Middlesex South District Regis- try of Deeds, Book 6258, page 278, took by eminent domain a tempo- rary leasehold interest for a term of two years in certain locations described in the said order of taking, more particularly described therein; and Whereas the Superintendent of Public Works having charge of the said easement has notified the Selectmen that the said temporary leasehold interest in all the said locations des- cribed in the said order of taking is no longer required for public purposes; VOTED: That the Town authorize the abandonment of such easement or right and specify that no minimum amount be paid for such abandonment other than a proportionate cancellation by the owners of the land within the said locations of any claim for damages for the use of the said land during the remainder of the two-year term fa' which the said leasehold interest was origi- nally taken. Carried Unanimous 8:37 P. M. Article 4, presented by Town Counsel, Sydney R. Wrightington, as follows: Article 4. Whereas the Town by an order of taking dated November 21, 1938 and recorded in Middlesex South District Registry of Deeds, Book 6258, page 274, took by eminent domain certain ease- ments more particularly described in the said order of taking in certain locations numbered 1 to 7 inclusive more particularly described in the said order of taking, and in the description of the easement taken used the words "force main" in conjunction with the word "sewer" in various places; and Whereas in certain parts of the said locations ._. a gravity sewer has been constructed and no force main is or will be constructed; and Whereas the Superintendent of Public Works having charge of the said easement has notified the Selectmen that the easement hereinafter described is no longer required for public purposes; VOTED: That the Town authorize the abandonment of the right, if any, to build and maintain a force main in lova- tons 1 to 6 both inclusive, described in an order of taking dated November 21, 1938 and recorded in Middlesex South District Regis- try of Deeds, Book 6258, page 274, and specify that no minimum amount be paid for such abandonment other than the cancellation by the owners of the land within the said locations of any claim for damages for the use of the said land for a force main in addition to a sewer. Carried Unanimous 8:40 P. M. - Article 5. Presented by Selectmen Archibald R. Giroux, stating if no objections from the Town Meeting Members, would present the Article- under five votes. There were no objections. Article 5, VOTED: That the sum of $2500.00 be appropriated for the Road Machinery Account, this amount to be transferred from the Road Machinery Fund. Motion by Robert H. Merriam, Chairman of the Appropriation Committee, the vote be amended, instead of $2500.00 to read $300.00. 511 Amendment presented to the meeting, voted upon and declared carried unanimous 8:51 P. M. Main motion presented to the meeting as follows: Article 5. VOTED: That the sum of $300.00 be appropriated for the Road Machinery Account, this amount to be transferred from the Road Machinery Fund. Declared Carried Unanimous 8:54 P. M. LIAnd further VOTED: That the sum- of $1000.00 be appropriated for the Water Construction, Sundry Streets Account, this amount to be transferred from the Fater Assessment Fund. Theodore A. Custance presents the following amendment. V0 rT" : That an additional sum of $2000.00 be appropriated for Water Construction-Sundry Streets, this sum to be transferred from Water Department Available Surplus. Question by the Moderator, if it was intended to transfer the $2000.00 from Water Department Available Surplus. Mr. Custance answers that was correct. Amendment as presented, put to a voice vote, and declared lost - 9:05 P. M. Decision of vote questioned, -whereby Moderator asks for a rising vote as follows: In Favor Tellers Opposed 5 - , Randall B. Houghton 13 24 Ronald D. Brown 22 15 Charles M. Blake 9 44 44 -Moderator states being tie vote, motion lost - 9:08 P. M. Original motion as presented voted upon - Carried Unanimous ' 9:09 P. M. Voted: Presented by Randall B. Houghton, Chairman of the School Committee. VOTED, That the sum of $2,000.00 be raised and appropriated for School Maintenance Other Expenses and to meet said appropri- ation that the sum of $2,000.00 be transferred from School Main- tenance, Personal Services Account. Carried Unanimous 9;10 P. M. Voted: Presented by Selectman Archibald R. Giroux. And further VOTED: That the sum of $68.80 be appropriated for the Weights and Measures, Expenses Account, this amount to be transferred from the Weights and Measures, Personal Services r- Ac courant. Carried Unanimous 9:10 P. M. Voted: Presented by Selectman Archibald R. Giroux. And further VOTED: That any-further action under Article 5 be indefinitely postponed. Carried Unanimous 9:11 P. M. Article 6. Presented by Town Counsel, Sydney R. Wrightington, as follows: 512 0-1 Article 6. VOTED: That the Town amend its Building By- Law by adding at the end of Article V, -seetion 2 thereof the following new section: "Section 2 ( a) . Before approval by the Board of Survey of a subdivision plat under G. L. Ch. 41,. sec. 81-F, it shall require that the ways laid out on such plat shall coordinate with other existing- or proposed streets with which they may connect, and it shall require such._provisions for the disposal of surface water as will prevent &image to the said streets and utilities and to other ways in the town, and shall require an agreement by the subdivider, binding on his successors in title, to construct the ways and/or utilities in the manner and location shown on said plat as finally approved, and to conform to the regulations of the Board of Survey regarding such construction, performance of which agreement shall be secured by a bond with a surety company, authorized to do business in Massachusetts, as surety, in the sum of One Thous- and Dollars as liquidated damages. No permit shall issue for the erection of any building or the carrying on of any activity requiring a permit on lots abutting on such ways until such _ ways are so constructed." Vote taken as follows: In Favor Tellers 2pposed 13 Randall B. Houghton 0 38 Ronald D. Brown 0 20 Charles M. Blake 3 , 71 3 Carried 9:14 P. M. Motion made and seconded to adjourn - 9:14 P. M, Motion by Theodore A. Custanee for the reconsideration of the second vote, in Article Five. 9:15 P. M. Motion presented by the Moderator for adjournment of the meeting. Declared lost 9:16 P. M. Motion presented by the Moderator for reconsideration of second vote in Article 5. Reconsideration declared carried 9:16 p. M. Reconsideration of the second vote taken under Article 5, which contained original motion with amendment, discussed by various speakers. Motion presented as follows: And further VOTED: That the sum of $1000.00 be appropriated for the Water Construction,Sundry Streets Account, this amount to be transferred from the Water Assessment Fund, That an additional sum of $2000.00 be appropriated for Water Construction - Sundry Streets, this sum to be transferred from Water Department Available Surplus. In Favor Tellers Opposed 11 Randall B-: Houghton 7- 41 Ronald D. Brown 4 25 Charles M. Blake 1 '77 12 Carried 9:30 P. M. Motion to adjourn, seconded, -voted. Unanimous 9:30 P. M. 4// To r,Clerk 513 ATTORNEY GENERAL t S APPROVAL ARTICLE 6 AS PASSED AT A SPECIAL TOWN MEETING HELD NOVEMBER 13, 1939 Article 6. Presented by Town Counsel, Sydney R, Wrightington, ® as follows: Article 6. VOTED: That the Town amend its Building By-Law by adding at the end of Article V, section 2 thereof the following new section: "Section 2 ( a) . Before approval by the Board of Survey of a subdivision plat under G. L. Ch. 41, sec. 81-F, it shall require that the ways laid out on such plat shall coordinate with other existing or proposed streets with which they may connect, and it shall require such provisions for the disposal of surface water as will prevent damage to the said streets and utilities and to other ways in the town, and shall require an agreement by the sub- divider, binding on his successors in title, to construct the ways and/or utilities in the manner and location shown on said plat as finally approved, and to conform to the regulations of the Board of Survey regarding such construction, performance of which agree- ment shall be secured by a bond with a surety company, authorized to do business in Massachusetts, as surety, in the sum of One Thous- and Dollars as liquidated damages. No permit shall issue for the erection of any building or the carrying on of any activity requir- ing a permit on lots abutting on such ways until such ways are so constructed." Vote taken as follows: In Favor Tellers Opposed 13 Randall B. Houghton 0 38 Ronald D. Brown 0 20 Charles M. Blake 3 71 3 Carried 9:14 P. M. Lexington, Mass. November 23, 1939 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass., do hereby certify that the above is a true and exact copy of Article Six as passed at a special Town Meeting held November 13, 1939, and as same appears on record. (Seal) James J. Carroll Town Clerk Boston, Mass., December 15, 1939. The within by law is hereby approved. Paul A. Dever Attorney General. 514 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 their respective voting places in said town, PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, THREE AND FOUR?, —• CARY MEMORIAL HALL, on MONDAY, the FOURTH DAY OF MARCH, A. D. 1940, at six o'clock A. M., then and there to act on the follow- ing articles: Article 1. To choose by ballot -the following town officers: One Town Clerk for the term of one year; One Selectman for the term of three years; One Town Treasurer for the term of one year; One 'Collector of Taxes for the term of one year; One Cemetery Commissioner for the term of three years; One Member of the School Committee for the term of three years; One Moderator for the term of one year; Two members of the Planning Board for the term of three years; Two Constables for the term of one year; One Member of the Trustees of Public Trusts for the term of six years; Seventeen Town :Meeting Members in each Precinct for the term of three years; Four Town Meeting Members in Precinct One for a term of one year; One Town Meeting Member in Precinct Three for a term of one year; One Town Meeting Member in Precinct Three for a term of two years; One Town Meeting Member in Precinct Four for a term of two years. The polls will be open at 6:00 A. M. and will remain open until 8:00 P. M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-fifth day of March, 1940 at 8:00 P. M. at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 3. To choose such Town Officers as are required by law and are usually chosen by nomination. Article 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1941, and to issue a note or notes there- for, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws . Article 5. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1940, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from. the revenue of the year 1940 . 515 Article 6. To see if the Town will make the usual appropria- tions for Town expenses for the ensuing year, by direct appropria- tion, by transfer from available funds, or by a combination of the two methods, or act in any manner in relation thereto. Article 7. To see if the Town will vote to transfer un- expended appropriation balances in any of the Accounts to the Excess and Deficiency Account, or act in any manner in relation thereto. —. Article 8. To see what action the Town will take with ref- erence to authorizing the Assessors to use funds from the Excess and Deficiency Account toward the reduction of the 1940 tax rate. Article 9. To see if the Town will vote to appropriate money to pay any unpaid bills for prior years of the various town depart- ments. Article 10. To see if the Town will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax titles, Article 11. To see if the Town will vote to appropriate a sum of money for the Reserve Fund as provided by Chapter 40, Section 6, General Laws, or act in any manner in relation thereto. Article 12. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1940. Article 13. To see if the Town will vote to install water mains in such accepted or unaccepted streets as may be applied for during the year 1940 in accordance with authority contained in the By-laws of the Town, subject to the assessment of better- ments, and to take by eminent domain any necessary easements therefor, and to pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the town. Article 14. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1940 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain any necessary easements therefor, and to pay for the same by direct appropriation, .by transfer from available funds, or by the issue of notes or bonds of the Town. Article 15 . To see if the Town will vote to appropriate money for the replacement and installation of water mains not less than six inches and not more than sixteen inches in diameter in the following street, and in such other streets as the Selectmen may determine: Percy Road, from Warren Street to Highland Avenue, „� and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 16. To see if the Town will vote to install a water main in Grant Street from the present end at the so-called Richards property to the so-called Mabey property, a distance of approxi- mately four hundred and twenty-five feet, and to pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 17 . To see if the Town will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws. 516 CTO Article 18. To see if the Town will vote to authorize the Selectmen to construct granolithic or bituminous concrete side- walks where the abutting owner pays one-half the cost, and provide funds for said construction by direct appropriation, or act in any manner in relation thereto. Article 19 . To see if the Town will vote to appropriate funds , for providing co-operation with the Federal Government in unemploy- ment relief and other projects, of direct or indirect benefit to the town or its inhabitants, said funds to be expended by the Set- ectmen. Article 20. To see if the Town will vote to raise and appro- priate money for the construction of sanitary sewers either with or without co-operation of Agencies of the United States, and will authorize the Selectmen to accept on behalf of the Town for use in carrying out any such project grants or loans of Federal money for public projects; and authorize the Treasurer with the approval of the Selectmen to borrow such sums as may be necessary to meet any appropriation made and to issue bonds or notes of the Town in accordance with the law and to use any other available funds that may be raised by taxation or appropriated for that pur- pose, or act in any manner in relation thereto. Article 21. To see if the Town will vote to appropriate a sum of money to be set apart and administered as a general unem- ployment relief fund in accordance with law, such money to be provided by direct appropriation or by transfer from available funds or by a combination of the two methods. Article 22. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: -- Winter Street; Wadman Circle; Hill Avenue; Summit Avenue. Article 23. To see if the Town will vote to appropriate a sum of money for the purchase of the lot of land on Clarke Street known as the Isaac Harris Lary Educational Fund lot, and contain- ing 12,508 square feet, more or less, for any-appropriate munici- pal purpose, said money to be raised from the tax levy of the current year or by the issuance of bonds or notes of the town, or act in any manner in relation thereto. Article 24. To see if the Town will vote to appropriate a sum of money for the improvement of the traffic control system in the vicinity of Clarke Street, and at the junction of Bedford Street and Harrington Road, or act in any manner in relation thereto. Article 25. To see if the Town will vote to appropriate a sum of money for the installation of automatic sprinklers in cer- tain school buildings, or act in any manner in relation thereto. Article 26. To see if the Town will vote to accept a gift from Mr. Philip B. Parsons of 18 Revere Street, Lexington, of a painting of the Battle of Fiske Hill, to be placed in the Parker School, or act in any manner in relation thereto. Article 27. To see if the Town will appropriate a sum of money for the purpose of providing proper facilities for public entertainment at the time of the national convention of the American Legion in Boston during the year nineteen hundred and forty, and of paying expenses incidental to such entertainment, in accordance with the provisions of Chapter 115 of the Acts of 1939, or act in any manner in relation thereto. Article 28. . To see if the Town will recommend to the Board of Selectmen that licenses be granted for public exhibition of moving pictures on Sundays to which admission may be charged. 517 Article 29 . To see if the Town will vote to accept a gift from. the Lexington Chamber of Commerce of the Shenandoah Flag System, or act in any manner in relation thereto. Article 30. To see if the Town will advise or instruct the Selectmen, in placing fire insurance on Town buildings, to include policies issued by mutual fire insurance companies, or act in any manner in relation thereto. Article 31. To see if the Town will vote to demolish the building located at 758 Massachusetts Avenue, Lexington, known as the Old Adams School, and appropriate a sum of money to pay for said demolition, or act in any manner in relation thereto. Article 32. To see if the Town will appropriate a sum of money for the purpose of erecting a fence to enclose the new fields at the Center Playground, or act in any manner in relation thereto. Article 33. To see if the Town will appropriate a sum of money for the purchase of an ambulance, or act in any manner in relation thereto. Article 34. To see if the Town will vote to amend the Lex- ington Zoning By-Law anti Map by inserting in Section 3 (b) , after R.2 Districts, 10, - the words R.3 -Districts. 1. Northeasterly by land of the Colonial Garage, Inc., 160 feet, northwesterly by land now or late of Hutchinson and by land now or late of MacKay, 267 feet, southwesterly by Vine Brook Road, 160 feet, southeasterly by land of the Colonial Garage, Inc. , 265 feet, or act in any 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 Clerk, on or before the time of said meeting. Given under our hands at Lexington, this twentieth day of February 1940. A-RCHIBALD R. GI ROUX A. EDWARD -ROME WILLIAM G. POTTER GEO. W. SARANO ERROL H. LOCKE February 26, 1940. r- To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Tarrant in the Cary Library, in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town seven days before the time of said meeting. Attest: PATRICK J. MAGUIRE Constable of Lexington. 1518 ANNUAL TOWN MEETING March 4, 1940 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the fourth in the year of our Lord nineteen hundred and forty at six o'clock in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Adams School; Precinct Two, Three and Four, Cary Memorial Hall. The following electionofficers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Bartlett J. Harrington Inspector Lucius Austin George Foster Inspector Randall Richards Mary E. Stankard Clerk John H. Dacey Mary A. Rowland Teller Arthur L. Hanson Donald Cameron Teller Edward McGrory Harold MacGilvray Teller Elizabeth Nourse George F. Stygles Teller Madeline J. Corbett James Moakley Teller Madeline V. Peterson Helen B. Dolan Teller William S. Bramhall L. Ellsworth Pierce Teller Helen McCaffrey Arthur Hughes Teller Jesse Condinho Precinct Three Precinct Four ' — Hiram W. Jackson, Jr. Warden Frederick S. Britton (Deputy) Mark L. Dodd, Jr. Deputy Inspector Dahiel A. Gorman, Jr. Charles E. Moloy, Jr. Inspector William E. Mulliken John McKearney Clerk Frank Maguire Cornelius P. Cronin Teller Mary J. Ferry Virginia Welch Teller Agnes Hall Samuel E. Wellington Teller William E. Dailey Emma Hovey Teller George A. Bullock John J. McCormack Teller Charles P. McEnroe Henry Meade Teller Carl Hauck Esther Graham Teller Robert Cady William H. Stevenson Teller A. Thomas Ferry The polls were declared open in each precinct at six o'clock A.M. and remained open until eight o'clock P.M., after which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties . The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as -- follows: Precinct One 1361 One thousand three hundred sixty-one Precinct Two 1241 One thousand two hundred forty-one Precinct Three 1289 One thousand two hundred eighty-nine Precinct Four 1347 One thousand three hundred forty-seven Total 5238 Five thousand two hundred thirty-eight 519 The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. The Registrars of Voters and the Town Clerk canvassed the result as follows: x1 Precinct One Ballots Cast 165One hundred and sixty-five Precinct Two Ballots Cast 188 One hundred eighty-eight Precinct Thee Ballots Cast 187 One hundred and eighty-seven r- Precinct Four Ballots Cast 174 One hundred and seventy-four 4' 16t the close of the polls the register of the ballot box stood at. 175 . The Ballot Box registered twice on one ballot) . Total vote case: 714 Seven hundred and fourteen TOWN CLERK Pre. 1 Pre. 2 Pre.. 3 Pre. 4 Total James J. Carroll 161 177 172 160 670 Blanks 4 11 15 14 44 Total 165 188 187 174 714 James J. :.Carroll was elected as Town Clerk for one year. SELECTMAN Archibald R. Giroux 159 169 172 168 668 Blanks 6 19 15 6 46 Total 165 188 187 174 714 Archibald R. Giroux was elected as Selectman for three years. TOWN TREASURER James J. Carroll 158 175 171 161 665 Blanks 7 13 16 13 49 Total 165 188 187 174 - 714 James J. Carroll was elected as Town Treasurer for one year. COLLECTOR OF TAXES William S. Scarmran 156 166 174 163 659 Blanks 9 22 13 11 55 Total 165 188 187 174 714 William S. Scamman was elected as Collector of Taxes for one year. CEMETERY COMMISSIONER John Er. Gilcreast 149 154 165 151 619 Blanks 16 34 22 23 95 Total 165 188 187 174 714 ..._ John E. Gilcreast was elected as Cemetery Commissioner for three years. SCHOOL COMiETTEE Tracy W. Ames 146 156 165 157 624 Blanks 19 32 22 17 90 Total 165 188 187 174 714 Tracy U. Ames was elected to the School Committee for three years. 520 MODERATOR X Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Robert H. Holt 147 157 167 153 624 Blanks 18 31 20 21. 90 Total - 165 188 187 174 714 Robert H. Holt was elected as Moderator for one year. PLA,KING BOARD -- Donald E. Nickerson 145 151 158 150 604 Edwin B. Worthen, Jr. ^ 143 156 159 155 613 Blanks 42 69 57 43 211 Total 330 376 374 348 1428 Donald E. Nickerson and Edwin B. Worthen, Jr. were elected to the Planning Board for three years. CONSTABLES - Alfred Kargaard 38 52 55 58 203 *Patrick 3. Maguire 119 145 139 130 533 *John C. Russell 156 145 151 132 584 Blanks 17 34 29 28 108 Total 330 376 374 348 1428 Patrick J. Maguire and John C. Russell were elected as Constables for one year. TRUSTEE OF PUBLIC TRUSTS Howard S. 0. Nichols 134 147 149 145 575 _— Blanks 31 41 38 29 139 r.. Total 165 188 187 174 714 Howard S. O. Nichols was elected as Trustee of Public Trusts for six years. TOWN MEETING MEMBERS For Three Years Precinct One Precinct Two *Gilbert A. Arnold 122 *Harold C. Ashley 133 ::Henry Brask 119 *Charles S. Beaudry 136 _ *John Milton Brown 120 *Walter G-. Black 121 • *Ernest Cutter 134 William E. Bennett , 93 *Joseph L. Dahlstrom. 126 *William E. Chamberlain 132 *Allan. G. Galt 117 *Lester F. Ellis 135 *Frederick M. Gay 119 Thomas E. Fitzgerald 93 *Lincoln C . Grush 125 *John E. Gilcreas t 132 *Mary D. Hatch 115 *George H. B. Green 111 *Arnold E. Howard 117 *Willi ' G. Grinnell 109 *George M. Hynes. 144 *William M. Hall 103 *Harold. S. Liddick 109 *Norman M. Hill 117 *Ralph F. Little 114 Michael 3. Hopkins 78 *Eugene L. Morgan 127 *Arthur H. McLearn 107 *Harold D. Morgan 105 *Marjorie Pierce 110 *Lyle 3. Morse 133 *Henry W. Robertson - 114 *Louis 3. Reynolds 128 *George C. Sheldon 118 Frank L. Schicrring 77 H. Webster Thomas 95 Blanks 654 *James 3. Walsh 119 *Paul Whipple 109 *Edwin B. Worthen, Jr. 145 Blanks 786 * \Town Meeting Members elected for the term of three years. ------ ------- 521 TOWN MEETING MEMBERSFOR ONE YEAR. Precinct One *Thomas J. Donnelly, Jr. 140 *Dominic F. Ross 135 *Olive McGuire Wheeler 123 *George B. Wilson 132 Blanks 130 Total 660 *Town Meeting Members elected for the term of one year. TOWN MEETING MENBERS For Three Years Precinct Three Precinct -Four *Wilbur H. Abbott 100 *D. Jack Allia 114 *Alan G. Adams 139 Walter S. Beatty 101 *Alfred A. Adler 123 *Carl E. Bryant 119 *Ronald D. Brown 135 *Howard E. Custanc e 145 *Albert H. Burnham 138 *Paul W. Dempsey 132 *George M. Davis 137 *Ralph B. Dibble 118 *Charles H. Fernald 113 *George M. Fuller 136 Clayton A. Hilliard 97 *John T. Hinchey 113 *Norman C. Hooper 113 ::John E. Hossfield 133 *James H. Lewis 112 *Elmer C . Houdlette 121 Charles Irving Lohr 36 *Leonard Jellis 120 Clifford M. Martin 82 *Alfred Kargaard 113 *Richard W. Maynard 124 *George A. Maliion 118 *Robert D. Mayo 122 *Everett E. Morrill 127 *Neil McIntosh 113 *Donald E. Nickerson 124 *Clayton M. Morse 129 *Eugene H. Partridge 138 George P. Morey 85 *James E. Spellman 116 *George B. Sargent 112 *Raymond L. White 332 Charles H. Schofield 89 Blanks 738 :-Clarence Shannon 123 *William H. Shurtleff 115 *Ralph H. Tucker 105 Henry P. Meade 1 Blanks 736 *Town Meeting Members elected for the term of three years. TOWN MEETING MEMBER FOR O 1E YEAR Precinct Three Richard E. Rowse 149 Blanks 38 Total 187 Richard E. Rowse was elected Town Meeting Member for one year. [— TOWN MEETING ME VIBER FOR TWO YEARS Precinct Three George P. Wadsworth 154 Blanks 33 Total 187 George P. Wadsworth was elected Town Meeting Member for two years . 522 C.71 • - t--1 TOWN 1EETING IMIT3ER FOR TWO YEARS X Precinct Four George R. Fuller 141 Blanks 33 Total 174 George R. Fuller was elected as Town Meeting Member for two years. A true record. Attest: ---.7-, ( r / /Town. Cl TOWN WARRANT Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said ---.• County, Greeting: _...J 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 the Cary Memorial Building, in said Lexington, on MONDAY, the twenty-fifth DAY of KARCH, 1940 at eight otclock P. M. , then and there to act on the following articles: Article 1. To see if the Town will appropriate money to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages of superintendence on public works for which the Town has power to appropriate money to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work, or take any action in reference thereto. Article 2. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: Hillcrest Street James Street; Wright Street; or take any action in reference thereto. Article 3. To see if the Town will vote to abandon certain rights and easements taken by eminent domain by the Town in an order of taking of a temporary leasehold interest in certain lands in connection with the Vine Brook Drain and Sewer Project. 1 , . 523 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 fifth day of Larch, A. D. 1940. 7— L _ ARCHIBALD R. GIROUX WILLIAL: G. POTTER GEORGE W. SARANO ERROL H. LOCKE Majority of Selectmen of Lexington Idarch 15, 1940. To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town ten days before the time of said meeting. Attest: P. J. Maguire Constable of Lexington 524 ADJOURNED TOWN MEETING HELD MARCH 25, 1940 Meeting was called to order at 8:10 P.M. by the Moderator, Robert H. Holt . There were 191 Town Meeting Members present. Warrant dated February 20, 1940 was read by the Town Clerk, James J. Carroll, until upon a motion by Selectman George W. Sarano, duly seconded, further reading of warrant was waived. The Constable's return of the warrant was read by the Town Clerk. �. Warrant dated March 5, 1940 was read by the Town Clerk, until upon motion of Selectman George W. Sarano, duly seconded, further reading was waived. The Constable's return of the warrant was read by the Town Clerk. 8:12 P.M. Unless otherwise noted, all articles were presented by Selectman Archibald R. Giroux. Also, unless otherwise noted, all amendments were presented by the Chairman of the Appropriation Committee, Robert C. Merriam. Article 2. Report of the Appropriation Committee presented by Robert C. Merriam, which was unanimously voted to be accepted and placed on file in the Town Clerk' s office. 8:13 P.M. Chairman Giroux asked permission of the Town Meeting for Crocker Snow, representing the Massachusetts Aeronautics Com- mission, to speak on a future airport in connection with the towns of Concord and Bedford. Permission granted 8:15 P.M. Crocker Snow outlines very briefly a future airport. 8:18 P.M. Voted: That in compliance with a request of the Massachu- setts Aeronautics Commission, a Committee of Five be appointed by the Moderator, this Committee to meet with similar committees from the Towns of Concord and Bedford for the purpose of studying the needs of an airport in this locality and a proper site, the work to be done by or in conjunction with the Federal Government. Carried Unanimous 8:19 P.M. Eugene L. Morgan, Chairman of the Plumbing By-Law Committee, presents and reads report, which was unanimously voted to be accepted and placed on file in the Town Clerk's office. 8:22 P.M. Charles E. Ferguson, Chairman of the Building By-Law Com- mittee, presents report, it being unanimously voted to be accepted, committee be discharged, and the report placed on file in the Town Clerk's office. 8:23 P.M. Further Voted:: That inasmuch as a majority of the present Building By-Law Committee is no longer available, a new Committee of Five be appointed by the Moderator with in- structions to consult with the Plumbing By-Law Committee and to coordinate its By-Laws with those of the. Plumbing By-Law Committee, and further that the Building By-Law Committee be instructed to study the report of the Tenement House Committee and submit its findings at a fall Town Meeting. Carried Unanimous 8:24 P.M. 525 John Milton Brown, Chairman of the Fire House Committee, reads report of the Committee, which was unanimously voted to , be accepted and placed on file in the Town Clerk's office. 8:30 P.M. Voted: That a committee of three be appointed by the Mod- erator to have charge of the Cary lectures for the season 1940-1941. Carried Unanimous 8:30 P.M. Selectman Giroux refers to Article 19, which has reference to the passing of Article 20, asking permission for the Moder- ator to present Article 20, if there were no objections from the Town. Meeting Members. There were no objections. Unanimous . 8:44 P.M. Article 20 voted upon in two parts . Art. 20. VOTED: That the sum of §85,000. be appropriated for, the construction of sanitary sewers with the co-oper- ation of any Agency of the United States as provided in General Laws, Chapter 40, section 5, clause 39; the said construction to be under the authority of Statute 1897, Chapter 504, as amended, and subject to the assessment of betterments as provided in Statute 1939, Chapters 91 and 446; the said sewers to be con- ' structed in some or all of the areas shown on the following plans on file in the office of the Town Engineer: "Lexington, Mass. Manor Sewerage System Construction Drawings 1940 - Town of Lexington John T. Cosgrove, Town Engineer"; "Lexington, Mass. North Lexinton Sewerage System Scales Hor. 1" - 401 - Ver. 1" - 41 Dec. 1939 John T. Cosgrove, Town Engineer"; "Lexington, Mass. Liberty Heights Sewerage System Scales Hor. 1" = 40' - Ver. 1 = 41 Dec. 1939 John T. Cosgrove, Town Engineer"; and that the Selectmen be authorized to construct or co-operate in the construction of any or all of such sewers and to take by eminent domain any necessary easement therefor; and that under the authority of ' and as provided in Statute 1939, Chapters 72 and 453 the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of §85;000. and to issue notes of the Town therefor payable in not more than ten years. Carried Unanimous 8:47 P.M. Be it RESOLVED: That inasmuch as a large appropriation has been voted for Sewer Construction, with the appropria- tion to be met by issuance of Town notes, and inasmuch as betterment assessments will be credited by the Town Accountant to the Sewer Assessment Fund, it is the sense of this Town Meeting that the Town Accountant , shall report annually to the Board of Selectmen and to the Appropriation Committee the amount of debt maturing during the then current year with respect to this Sewer Construction and that money in the Sewer Assessment Fund shall be reported to the Town Meeting for transfer to the Maturing Debt account to apply against such sewer debt maturities. Carried Unanimous 8:48 P.M. r 526 Art. 19. VOTED: That the Town raise and appropriate the sum of $15,124.00 for providing co-operation with the Federal Government in unemployment relief and other projects, of direct or indirect benefit to the town or its inhabitants, said sum to be expended by the Selectmen; and VOTED: That whereas, it is necessary to make immediate provision for the furnishing of materials to co-operate with the Federal Government in unemployment relief and whereas the balance in the account brought forward from 1939 is insufficient therefor, this vote is, therefor, declared to be an emergency measure necessary for the immediate preservation of the convenience of the town. .__. Carried Unanimous 9:00 P.M. Article 3 of warrant dated March 5, 1940 . Art. 3. Whereas the Town by an order of taking dated September 27, 1938, and recorded in Middlesex South District Registry of Deeds, Book 6248, page 2, took by eminent domain a temporary leasehold interest for a term of two years in certain locations described in the said order of taking, more particularly described therein; and Whereas the Superintendent of Public Works having charge of the said easement has notified the Selectmen that in his opinion the said temporary leasehold interest in the parcel numbered ( 1) of the said locations described in the said order of taking is no longer required for public purposes; VOTED: That the Town authorize the abandonment of such easement or right and specify-that no minimum amount be paid for such abandonment other than a proportionate can- cellation by the owners of the land within the said location of any claim for damages for the use of the said land during the remainder of the two-year term for which the said leasehold interest was originally taken. Carried Unanimous 9:17 P.M. Article 3 of warrant dated February 20, 1940. Art. 3. VOTED: That this article be indefinitely postponed. Carried Unanimous 9:17 P.M. Art. 4. VOTED: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1941, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Carried Unanimous 9:18 P.M. Art, 5. VOTED: That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1940, in accordance with —. the provisions of section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1940. Carried Unanimous 9:19 P.M. 1527 Art. 6. VOTED: That the following amounts be appropriated and assessed for the current year: ppropriati on Committee Personal Services $450.00 Unanimous 9:20 P.M. Expenses 430.00 Unanimous 9:20 P.M. Selectmen's Department Personal Services 3,109.33 Unanimous 9:20 P.M. Expenses 1,861.00 Unanimous 9:20 P.M. Accounting Department Personal Services 4,073.00 Unanimous 9:20 P.M. Expenses 275.00 Unanimous 9:20 P.M. Treasurer's Department Personal Services 1,824.33 Unanimous 9:22 P.M. ( Of- which $1,000. is for salary of the Town Treasurer) Expenses 584.75 Unanimous 9:22 P.M. Foreclosure & Redemption of Tax Titles 1,500.00 Unanimous 9:22 P.M. Other Finance Offices and Accounts Expenses 150.00 Unanimous 9:22 P.M. Collector's Department Personal Services 5048.00 Unanimous 9:22 P.M. , (Of which $2,850. is for salary of the Tax Collector) Expenses 1,566 .00 Unanimous 9:22 P.M. Assessor's Department Personal Services 5,300.00 Unanimous 9:22 P.M. Expenses 490.00 Unanimous 9:22 P.M. 7- Law Department Personal Services & Special Fees 3,000.00 Unanimous 9:23 P.M. Expenses 420.00 Unanimous 9:23 P.M. Town Clerk' s Department Personal Services 2,467.33 Unanimous 9:23 P.M. ( Of which $1,800. is for salary of the Town Clerk) Expenses 184.40 Unanimous 9:23 P.M. Elections Department (Jurisdiction of Selectmen) Expenses 2,045.00 Unanimous 9:23 P.M. Elections Department (Jurisdiction of Town Clerk) Expenses 105.00 Unanimous 9:24 P.M. Registration of Voters Personal Services 330.00 Unanimous 9:25 P.M. Personal Services - Special for 1940 100.00 Unanimous 9:25 P.M. Expenses 565.00 Unanimous 9:25 P.M. Public Works - Superintendent's Office r— Personal Services 4,642.00 Unanimous 9:25 P.M. Expenses 195.00 Unanimous 9:25 P.M. Town Offices & Cary Memorial Building Personal Services 3,294.66 Unanimous 9:25 P.M. Expenses 6,000.00 Unanimous 9:25 P.M. Engineering Department Personal Services 12,291.91 Unanimous 9:26 P.M. Expenses 900.00 Unanimous 9:26 P.M. Planning Board Expenses 250.00 Unanimous 9:26 P.M. 528 Board of Appeals Expenses $ 150.00 Unanimous 9:26 P.M. Police Department Personal Services 38,520,33 Unanimous 9:27 P.M. Expenses 4,200.00 Unanimous 9:27 P.M. Fire Department Personal Services 36,725.65 Unanimous 9:27 P.M. Expenses 7,000.00 Unanimous 9:27 P.M. Building Department Personal Services 1,100.00 Unanimous 9:28 P.M. Expenses 90.00 Unanimous 9:28 P.M. Wire Inspection Personal Services 600.00 Unanimous 9:28 P.M. Expenses 100.00 Unanimous 9:28 P.M. Weights & Measures Department Personal Services 500.00 Unanimous 9:28 P.M. Expenses 125.00 Unanimous 9:28 P.M. Insect Suppression Personal Services 300.00 Expenses 3,933.40 Amendment presented to amend main motion to. read: VOTED: That the sum of $3300.00 be appropriated for Insect Suppression - Wages & Expenses . Amendment carried unanimous 9:36 P.M. Main motion with amendment voted as follows: Insect Suppression Personal Services 300.00 Unanimous 9:36 P.M. Wages & Expenses 3,300.00 Unanimous 9:36 P.M. Shade Trees Wages & Expenses 2,100.00 Unanimous 9:36 P.M. Forest Fires Personal Services 200.00 Unanimous 9:36 P.M. Wages & Expenses 1,200.00 Unanimous 9:36 P.M. Dog Officer Personal Services 100.00 Unanimous 9:36 P.M. Health Department Personal Services 500.00 Unanimous 9:36 P.M. Expenses 4,700.00 Unanimous 9:36 P.M. Dog Clinic Expenses 350.00 Unanimous 9:36 P.M. Dental Clinic Personal Services 1,750.00 Unanimous 9:37 P.M. Expenses 100.00 Unanimous 9:37 P.M. Posture Clinic Expenses 625.00 Amendment presented: VOTED: That the sum of $225.00 be appropriated for the Posture Clinic, and that said Posture Clinic be discontinued as a Town function on March 31, 1940. 529 Amendment declared lost 9:46 P.M. Original motion carried. Posture Clinic Expenses 4 625.00 Unanimous 9:46 P.M. Vital Statistics Expenses 25.00 Unanimous 9:47 P.M. Animal Inspection Li' Personal Services 500.00 Unanimous 9:47 P.M. Slaughtering Inspection Personal Services 800.00 Unanimous 9:47 P.M. Plumbing Inspection Personal Services 800.00 Unanimous 9:47 P.M. Expenses 105.00 Unanimous 9:47 P.M. Sewer Maintenance Personal Services 1,202.67 Unanimous 9:48 P.M. Wages & Expenses 4,200.00 Unanimous 9:48 P.M. Sewer Services Wages & Expenses 1,550.00 Unanimous 9:48 P.M. Care of Dumps & Removal of Ashes Wages & Expenses 1,900.00 Unanimous 9:48 P.M. Garbage Collection - Expenses 5,065.00 Unanimous 9:48 P.M. Highway Maintenance 7— Personal Services 5,409.67 Unanimous 9:48 P.M. Wages & Expenses 36,000.00 Unanimous 9:48 P.M. Traffic Regulation & Control Wages & Expenses 1,700.00 Unanimous 9:50 P.M. Street Lights Expenses 22,018.00 Unanimous 9:50 P.M. Street Signs Wages & Expenses 400.00 Unanimous 9:51 P.M. Highway Department - Road Machinery Expenses 9,225.00 (This amount to be transferred from the Road Machinery Fund) Amendment presented. VOTED: That the sum of $5,625.00 be appropriated for the Road Machinery Account, and that this sum be transferred from the Road Machinery Fund. Amendment carried 10:10 P.M. Highway Department - Road Machinery. VOTED: That the sum of x5,625.00 be appropriated for the Road Machinery Account, and that this sum be transferred from the Road Machinery Fund. Carried 10:10 P.M. Snow Removal Wages & Expenses 20,000.00 Amendment presented. 530 VOTED: That the sum of $19,000.00, which shall include an item for the purchase of four V-plows, be appropriated for Snow Removal. Amendment carried 10:13 P.M. Snow Removal VOTED: That the sum of $19,000.00, which shall include an item for the purchase of four V-plows, be appropriated for Snow Removal. Carried 10:13 P.M. Public Welfare Personal Services $3,827.16 Unanimous 10:19 P.M. Town Physician Salary of Physician 750.00 Unanimous 10:19 P.M. Administration Expenses 800.00 Amendment presented. VOTED: That the sum of $750.00 be appropriated for Public Welfare - Administration Expenses. Amendment carried 10:24 P.M. Administration Expenses 750.00 Unanimous 10:24 P.M. Commodity Distribution 900.00 Unanimous 10:25 P.M. Aid & Expenses 62,744.37 Amendment presented. VOTED: That the sum of $57,000.00 be appropriated for Public Welfare - Aid & Expenses . Amendment carried 10:28 P.M. Aid & Expenses VOTED: That the sum of $57,000.00 be appropriated for Public Welfare - Aid & Expenses. Carried Unanimous 10:29 P.M. Dependent Children Aid Personal Services 610.55 Administration Items 25.00 Aid & Expenses 13,000.00 Amendment presented. VOTED: That the sum of $15.00 be appropriated for Dependent Children - Administration Expenses. Amendment carried 10:30 P.M. Second amendment presented. VOTED: That the sum of $12,000.00 be appropriated for Depend- ent Children - Aid & Expenses. Amendment carried 10:30 P.M. 531 Dependent Children Aid Personal Services $ 610.55 Unanimous 10:30 P.M. Administration Items 15.00 Unanimous 10:30 P.M. Aid & Expenses 12,000.00 Unanimous 10:30 P.M. Old Age Assistance Personal Services 2,544.66 Administration Expenses 150.00 Aid & Expenses 28,000.00 r-- Amendment presented. VOTED: That the sum of $125.00 be appropriated for Old Age Assistance - Administration Expenses. Amendment carried 10:31 P.M. Second amendment presented. VOTED: That the sum of $27,000.00 be appropriated for Old Age Assistance - Aid & Expenses. Amendment carried 10 :31 P.M. Old Age Assistance Personal Services 2,544.66 Unanimous 10:31 P.M. Administration Expenses 125.00 Unanimous 10:31 P.M. Aid & Expenses 27,000.00 Unanimous 10:31 P.M. Soldier's Relief Personal Services 431.83 Administration Expenses 25.00 Aid & Expenses 7,500.00 Amendment presented. VOTED: That the sum of $10.00 be appropriated for Soldiers' Relief - Administration Expenses. Amendment carried 10:32 P.M. Soldier's Relief Personal Services 431.83 Unanimous 10:32 P.M. Administration Expenses 10.00 Unanimous 10:32 P.M. Aid & Expenses 7,500.00 Unanimous 10:32 P.M. State Aid Cash Grants 1,000.00 Amendment presented. VOTED: That the sum of $800.00 be appropriated for State Aid. Amendment carries 10:33 P.M. State Aid Cash Grants 800.00 Unanimous 10:33 P.M. r— Military Aid Cash Grants 800.00 Amennr-ient presented. VOTED: That the sum of $700.00 be appropriated for Military Aid. Amendment carried 10:34 P.M. 1532 c. Military Aid t Cash Grants X700.00 Unanimous 10:34 P.M. Soldier's Burials Burial Expenses 200.00 Amendment presented. VOTED: That the sum of $100.00 be appropriated for Soldiers ' Burials . Amendment carried 10::35 P.M. Soldier's Burials Burial Expenses 100.00 Unanimous 10:35 P.M. Presented by Randall B. Houghton, School Committee. VOTED, That the sum of y$219,855.30 be appropriated and assessed for the support of the Public Schools for the current year as follows: Personal Ser- vices $182,031.40, Other Expenses, including $100.0.0 for Travel Outside of the State, 07,823.90. Carried Unanimous 10:35 P.M. VOTED, That the sum of $203.00 be appropriated and assessed for the maintenance of classes for instruction in Americanization. Carried Unanimous 10:36 P.M. VOTED, That the sum of $1,190.00 be appropriated and assessed for the payment of tuition of pupils attending Vocational School. Carried Unanimous 10:36 P.M. VOTED: That the sum of $13,319. be appropriated and assessed for the support of Cary Memorial Library and Branch for the current year, as follows: Personal Services $9,709. Expenses 3,610. which includes the amount received from the county for dog licenses. Carried Unanimous 10:37, P.M. Motion by Selectman Giroux to lay Article 6 on the table. No objections . Carried Unanimously 10:38 P.M. Article 11 presented by Robert C. Merriam, Chairman of the Appropriation Committee. Art. 11. VOTED: That the sum of 015,000. be appropriated for the Reserve Fund, as provided by Chapter 40, Section 6, General Laws . Carried Unanimous 10:40 P.M. , ,Motion by Selectman Giroux that the meeting be adjourned for two weeks, April 8th, 1940, 8:00 P.M. Carried Unanimous 10:40 P.M. A true record. Attest: 7 / Town C k 533 SECOND ADJOURNED TOWN MEETING HELD APRIL 8, 1940 Meeting called to order by the Moderator, Robert H. Holt, at 8:12 P.M. There were 176 Town Meeting Members present. All articles were presented by Archibald R. Giroux, Chairman of the Board of Selectmen, unless otherwise noted. Selectman Archibald R. Giroux moves to take Article Six from the table . There were no objections from the Town Meeting Members . 8:13 P.M. The various items under Article 6 were read by the Moderator. Parks & Playgrounds Personal Services $4,069.33 Wages & Expenses 9,700.00 Robert C. Merriam, Chairman of Appropriation Committee, offers following amendment . VOTED: That the sum of $3724.33 be appropriated for Parks & Playgrounds - Personal Services. Amendment declared carried by voice vote. Doubted, standing count taken, as follows . In Favor Tellers Opposed 18 Charles M. Blake 19 54F. Stanley Love 38 8 Edwin B. Worthen, Jr. 27 ?— 80 84 Amendment lost - 8:22 P.M. Main motion as follows: Parks & Playgrounds Personal Services 4,069.33 Unanimous 8:23 P.M. Wages & Expenses 9,700.00 Unanimous 8:23 P.M. Memorial Day Expenses 250.00 Unanimous 8:23 P.M. Patriot's Day Expenses 500.00 Unanimous 8:23 P.M. Pensions _ Fire Department 1,110.85 Unanimous 8:23 P.M. Pensions Police Department 1,098.00 Unanimous 8:23 P.M. ice® Contributory Retirement System Pension Accumulation Fund 12,962.00 Unanimous 8:24 P.M. Interest Deficiency on Funds 314.49 Unanimous 8:24 P.M. Public Works Building - Wages & Expenses 8,901.00 Unanimous 8:24 P.M. Insurance Premiums 9,990.00 Unanimous 8:25 P.M. 534 C: Administration of Trust Funds Expenses X70.00 Unanimous 8:25 P.M. Town Report 712.00 Unanimous 8:25 P.M. Expenses Unclassified Expenses 250.00 Unanimous 8:25 P.M. Water Maintenance Personal Services 4,479.17 Unanimous 8:26 P.M. Wages & Expenses 18,900 .00 Unanimous 8:26 P.M. Water Replacements Expenses 1,250.00 Unanimous 8:26 P.M. Water Services Wages & Expenses 5,000.00 Unanimous 8:27 P.M. Cemetery Maintenance - Munroe Personal Services 250.00 Unanimous 8:27 P.M. Wages & Expenses 1,660.00 Unanimous 8:27 P.M. Cemetery Maintenance - Westview Personal Services 450.00 Unanimous 8:28 P.M. Wages & Expenses 2,560.00 ` Unanimous 8:28 P.M. ( This appropriation to be met by a transfer from Westview Cemetery Sale of Lots Find) Interest on Debt Interest 10,573.75 Unanimous 8:28 P.M. Maturing Debt 97,356.48 Unanimous 8:29 P.M. ( Of which $8,000. is to be transferred from the Water Dept. Available Surplus Account) Art. 8. VOTED: That the Assessors be authorized to use the sum of $20,000.00 from the Excess and Deficiency Account toward the reduction of the 1940 tax rate. Carried Unanimous 8:32 P.M. Art. 9. VOTED: That this article be indefinitely postponed. Carried Unanimous 8:32 P.M. Art. 10. VOTED: That the Board of Selectmen be authorized to sell and convey any of the real estate acquired by the Town by foreclosure of tax titles, upon such terms and conditions as they may approve. Carried Unanimous 8:33 P.M. Art. 12. VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1940 .- Carried Unanimous 8:34 P.M. Art. 13. VOTED: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1940 in accordance with author- ity contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of 434,000.00 be appropriated, this money to be provided by transfer from the Water De- partment Available Surplus Account. Carried Unanimous 8:35 P.M. 535 Art, 14. VOTED: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1940 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of y$1,000.00 be appropriated, this money to be provided by transfer from the Sewer Assessment Fund. Carried Unanimous 8:36 P.M. Art. 15. VOTED: That the Selectmen be authorized to install water LI mains not less than 6" and not more than 16" in diameter in the following street: Percy Road, from Warren Street to Highland Avenue and in such other streets as the Selectmen may determine, and for this purpose the sum of $5,100 .00 be appropriated, this money to be provided by transfer from the Water De- partment Available Surplus Account. Request for Superintendent of Water Department, Joseph A. Ross , to appear on floor. No objections from Town. Meeting Members. 8:37 P.M. Harold B. Lamont moves that Article 15 be indefinitely post- poned. 8:45 P.M. Motion as presented by Lamont for indefinite postponement declared lost by the Moderator. 8:49 P.M. Main motion as follows . Art. 15. VOTED: That the Selectmen be authorized to install water _mains not less than 6" and not more than 16" in diameter in the following street: Percy Road, from Warren Street to Highland Avenue and in such other streets as the Selectmen may determine, and for this purpose the sum of $5,100.00 be appropriated, this money to be provided by transfer from the Water De- partment Available Surplus Account. Carried Unanimous 8:50 P.M. Art. 16. VOTED: That the Selectmen be authorized to install a water main in Grant Street from the present end at the so-called Richards property to the so-called Mabey property, a distance of approximately four hundred and twenty-five feet, and for the purpose, of said installa- tion the sum of $2,500.00 be appropriated, this money to be provided by transfer from the Water Department Avail- able Surplus Account. Carried Unanimous 8:53 P.M. Art. 17 . VOTED: That the sum of $2,000.00 be appropriated and assessed for highway maintenance; said sum, or any portion thereof to be expended under the direction of the Selectmen and to be used in conjunction with any LI money which may be allotted by the State or County, or both, for this purpose. Carried Unanimous 8:54 P.M. Art. 18. VOTED: That the Selectmen be authorized to construct granolithic or bituminous concrete sidewalks where the abutting owner pays one-bnlf the cost, and for the purpose of said construction the sum of $500.00 be appropriated from the revenue of the current year. Carried Unanimous 8:54 P.M. 536 Art. 21. VOTED: That this article be indefinitely postponed. 4 Carried Unanimous 8:55 P.M. Art. 22. VOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets: Winter Street; Wadman Circle; Hill Avenue; Summit Avenue . Carried Unanimous 8:56 P.M. Art, 23. VOTED: That the Selectmen be authorized to purchase the lot of land on Clarke Street known as the Isaac Harris Cary Educational Fund lot, and containing 12,508 square feet, more or less, for library purposes, and for this purpose the sum of X1,500.00 be appropri- ated, this money to be provided by transfer from the Veterans ' Memorial Fund. Carried Unanimous 8:58 P.M. Art. 24. VOTED: That the sum of $900 .00 be appropriated for the improvement of the traffic control system in the vicinity of Clarke Street, and at the junction of Bedford Street and Harrington Road, this money to be raised from the revenue of the current year. Explanations by Robert C. Merriam, Chairman of the Appropri- ation Committee . William R. Greeley speaks against the passing of the motion, which was declared lost 9:05 P.M. William R. Greeley asks to ta1re up Article 2, offering the following report. April 12, 1939 . To the Selectmen Town Office Building Lexington, Massachusetts Gentlemen: Last year a committee was appointed to consider the purchase of additional land near the corner of Grove and Burl- ington Streets . The committee met, visited the site, examined the plans, consulted with those in charge of the present park, and decided to recommend to the Town the purchase of no addition- al land. The Committee submits this report and desires to be discharged. Very truly yours, W. R. Greeley, Chairman Geo. P. Morey Geo. R. Fuller Leland H. Emery Alan G. Adams offering a motion that the report be accepted and the committee discharged. -- Carried Unanimous 9:08 P.M. Article 25, presented by Randall B. Houghton, as follows: VOTED: That the sum of 77000.00 be appropriated and assessed for the installation of autommtic sprinklers in the Hancock School under the direction ,of the School Committee. General discussion by various speakers. 537 Harold B. Lamont moves article be indefinitely postponed, with the suggestion that special permission be obtained from the legislature for the issuance of bonds to cover the cost of the installation, over a period of years. Donald B. Love moves for indefinite postponement. The motion of Harold B. Lamont for indefinite postponement presented for vote, and was declared lost at 9:35 P.M. The main motion of Article 25 as follows: VOTED: That the sum of X7000.00 be appropriated and assessed for the installation of automatic sprinklers in the Hancock School under the direction of the School Committee. Declared carried 9:37 P.M. Robert O. Merriam, Chairman of the Appropriation Committee, reads the following resolution. RESOLVED: That it is the sense of this Town Meeting that a vote be presented at the next Town Meeting to authorize a petition to the General Court of Massachusetts to enact legisla- tion which will permit the installation of automatic sprinklers, in school buildings in the Town of Lexington, payment for which may be all or in part provided by the issuance of notes of the Town for a period not exceeding ten years . it being voted to accept same by unanimous vote. 9:39 P.M. Art. 26. VOTED: That the Town accept a gift from Mr. Philip B. Parsons of 18 Revere Street, Lexington, of a painting of the Battle of Fiske Hill, to be placed in the Parker School. Carried Unanimous 9:40 P.M. Art. 27. VOTED: That the sum of 000.00 be appropriated for the purpose of providing proper facilities for public enter- tainment at the time of the national convention of the American Legion in, Boston during the year nineteen hun- dred and forty, and of paying expenses incidental to such entertainment in accordance with the provisions of Chapter 115 of the Acts of 1939, said money to be raised from the revenue of the current year. which was declared lost by the Moderator at 9:43 P.M. The decision of the Moderator being doubted, a standing vote was taken as follows: In Favor Tellers pposed 6 Charles M. Blake 22 24 F. Stanley Love 63 12 Edwin B. Worthen, Jr. 17 42 102 Lost 9:46 P.M. Art. 28. VOTED: That the Town. Meeting Members recommend to the Board of Selectmen that licenses be granted for public exhibition of moving, pictures on Sundays to which ad mission may be charged. Declared lost 9:49 P.M. Art. 29. VOTED: That the Town accept a gift from the Lexington Chamber of Commerce of the Shenandoah Flag System. Carried Unanimous 9:50 P.M. 538 utt CZ Article 30 . Robert C. Merriam, Chairman of the Appro- priation Committee, presents the following: VOTED: That the Board of Selectmen is hereby instructed to place 50% of the Town's Fire Insurance with sound agency mutual insurance companies, this vote to become effective as soon as the expiration of Fire Insurance policies now in force shall permit . General discussion by various speakers . Philip M. Clark moves no action be taken, that article be indefinitely postponed. Motion to indefinitely postpone, carried 10:13 P.M. .__. Art. 31. VOTED: That the sum of §50.00 be appropriated for the demolition of the building located 758 Massachusetts Avenue, Lexington, known as the Old Adams School, this money to be raised from the revenue of the current year. Carried Unanimous 10:14 P.M. Art, 32. VOTED: That the sum of 03200.00 be appropriated for the purpose of erecting a fence to enclose the new fields at the Center Playground, this money to be raised from the revenue of the current year. Declared lost 10:16 P.M. Art. 33. VOTED: That the sum of 02,117.89 be appropriated for the purchase of an ambulance to be known as the Veterans ' Memorial Ambulance, this sum to be provided by transfer from the Veterans ' Memorial Fund. Dr. James J. Walsh, speaking in favor of the article. Raymond L. White spoke in opposition. General discussion. Motion declared carried 10:30 P.M. Art. 2. VOTKo: That the Committee in charge of the "Veterans Memorial Fund" appointed in 1925 be discharged. Carried Unanimous 10:37 P.M. Art. 34. William R. Greeley moves article be indefinitely post- poned. Carried Unanimous 10:37 P.M. Art. 7. VOTED: That the following sums be transferred to the Excess and Deficiency Account: From: Treasurer's Department - Check Signer $6.36 Law Department - Ryder case 22.80 Highway Construction - Bedford Street 658.75 Highway Construction - Westview Street 196.11 Permanent Memorial for Veterans Committee 800.00 Carried Unanimous 10:39 P.M. Art. 1. VOTED: That the sum of $1,000.00 be appropriated and r„ assessed to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages for superintendence on public works- for which the Town has power to appropriate money, to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work. Carried Unanimous 10:40 P.M. 539 Art. 2. VOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets: Hillcrest Street; James Street; Wright Street. Carried Unanimous 10:40 P.M. Motion by Selectman Archibald R. Giroux meeting be dissolved. Carried Unanimous 10:41 P.M. A true record. Attest: (//T),p,i (-- / /<744 .e..,c4.2 Town rk I" WARRANT FOR PRESIDENTIAL PRIMARY The Commonwealth of Massachusetts Middlesex, ss . To either of the Constables of the Town of Lexington, Greeting: .__. In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to meet in their respective voting places in said town, PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, THREE AND FOUI, CARY MEMORIAL BUILDING, on TUESDAY, THE THIRTIETH DAY OF APRIL, 1940, at 2:00 o'clock P. M. for the following purposes: To bring in their votes to the Primary Officers for the Election of Candidates of Political Parties for the following offices: 4 DELEGATES AT LARGE to the National Convention of the Republican Party. 4 ALTERNATE DELEGATES AT LARGE to the National Convention of the Republican Party. 12 DELEGATES AT LARGE to the National Convention of the Democratic Party. L— 12 ALTERNATE DELEGATES AT LARGE to the National Convention of the Democratic Party. 2 DISTRICT DELEGATES to the National Convention of the Republican Party, 5th Congressional District. 2 ALTERNATE DISTRICT DELEGATES to the National Convention of the Republican Party, 5th Congressional Dis- trict. 544 4 DISTRICT DELEGATES to the National Convention of the Democratic Party, 5th Congressional District. 4 ALTERNATE DISTRICT DELEGATES to the National Convention of the Democratic Party, 5th Congressional District. District Members of State Committee-( One Man and One Woman) for each political party for the 7th Middlesex Senator- ial District. 10 MEMBERS OF THE REPUBLICAN TOL'i1N COMMITTEE. 10 MEMBERS OF THE DEMOCRATIC TOWN COMMITTEE. -- The polls will be open from 2:00 P.M. to 8:00 P.M. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting. Given under our hands this ninth day of April, A. D., 1940. ARCHIBALD R. GIROUX WILLIAM G. POTTER SELECTMEN ERROL H. LOCKE OF A. EDWARD ROWSE LEXINGTON GEORGE W. SARANO April 22, 1940 . To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the vestibule of the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town ten days before the time of said meeting. Attest: JOHN C. RUSSELL Constable of Lexington. 541 PRESIDENTIAL PRIMARY April 30, 1940 The following election officers had been appointed by the Selectmen and were assigned to duty at the Town Precincts as follows: Precinct One Precinct Two D Charles J. Dailey Warden R Irving B. Pierce D Bartlett J. Harrington Inspector R Lucius Austin R George Foster Inspector D Randall Richards R Mary E. Staakard Clerk D John H. Dacey D Mary A. Rowland Teller R Arthur L. Hanson D Donald Cameron Teller D Edward McGrory D Harold MacGilvray Teller R Elizabeth Nourse D George F. Stygles Teller D Madeline J. Corbett R James Moakley Teller R Madeline V. Peterson R Helen B. Dolan Teller R William S. Bramhall R L.Ellsworth Pierce Teller D Helen McCaffrey Teller D Jesse Condinho i Precinct Three Precinct Four R Hiram W. Jackson, Jr. Warden R Howard E. Custance R Alfred A. Adler Inspector R William Mulliken D Charles E. Moloy, Jr. Inspector D John McKearney Clerk D Frank Maguire D Cornelius P. Cronin Teller D Manuel A. Ferry D Virginia Welch Teller D George A. Bullock R Samuel W. Wellington Teller R Charles Mc"Enroe R Emma Hovey Teller R Carl Hauck D John J. McCormack Teller D Mary E. Ferry D Henry Meade Teller D Agnes Hall R Esther Graham Teller R Robert Cady H William H. Stevenson Teller R A. Thomas Ferry The polls were declared open in each Precinct at two o'clock P. M. and remained open until eight o'clock P. M. at which time after due notice they were declared closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One Fourteen hundred and one 1401 Precinct Two Twelve hundred sixty-four 1264 Precinct Three Thirteen hundred and ten 1310 Precinct Four Thirteen hundred and eighty 1380 Total: Fifty-three hundred fifty-five 5355 The ballots were counted by the election officers in each Precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The ballots cast were counted, enclosed in envelopes sealed, signed by the election officers, together with the unused ballots `v_ and delivered to the Town Clerk at his office. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One Ballots Cast 147 One hundred forty-seven Precinct Two Ballots Cast 212 Two hundred twelve Precinct Three Ballots Cast 258 Two hundred fifty-eight Precinct Four Ballots Cast 182 One hundred eighty-two Total 799 Seven hundred ninety-nine 5,2 Di REPUBLICAN PARTY DELEGATES AT LARGE TO NATIONAL CONVENTION GROUP 1 Pre.l Pre.2 Pre.3 Pre.4 Total William H. McMasters 14 9 14 17 54 Byron P. Hayden 11 3 10 11 35 Harry P. Gibbs 9 4 9 8 30 Selden G. Hill 9 2 9 8 28 Blanks 82 68 81 144 375 ALTERNATE DELEGATES AT LARGE TO NATIONAL CONVENTION GROUP 1 Abbie L. Tebbets 11 17 13 20 61 Berton S. Evans 11 13 10 15 49 Annie L. Brown 12 13 9 13 , 47 Lucius K. Thayer 15 13 11 14 53 Blanks 105 73 116 137 431 DELEGATES AT LARGE TO NATIONAL CONVENTION GROUP 2 Leverett Saltonstall 83 169 195 121 568 Henry Cabot Lodge, Jr. 81 165 194 _119 559 Joseph W. Martin, Jr. 77 161 188 113 539 John W. Haigis 75_ 161 189 113 538 Blanks 83 74 91 25 273 ALTERNATE DELEGATES AT LARGE TO NATIONAL CONVENTION GROUP 2 Mary B. Besse 65 141 173 102 481 Orin S. Kenney 69 142 177 100 488 " Mary Phillips Bailey 67 143 173 99 482 Irene Gowetz 64 140 173 95 472 Blanks 106 121 125 85 437 DELEGATES NOT GROUPED A. Thomas Ferry 0 0 0 1 1 ALTERNATE DELEGATES NOT GROUPED DISTRICT DELEGATES TO NATIONAL CONVENTION GROUP 1 Emile Marquis 14 12 17 18 61 John H. MacDonald 14 12 16 16 58 Blanks 58 93 101 111 363 ALTERNATE DELEGATES TO NATIONAL CONVENTION GROUP 1 Elvy M. Prentiss 18 12 18 20 68 Grace N. Knight 24 14 17 16 71 Blanks 51 89 96 110 346 T J 543 DELEGATES GROUP 2 Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Paul R. Foisy 55 136 154 78 423 Raymond S. Wilkins 60 138 155 81 434 Blanks 57 17 39 32 145 ALTERNATE DELEGATES GROUP 2 Maude M. Johnson 56 135 156 79 426 ,Elizabeth F. Taylor 60 133 156 87 _ 436 Blanks 52 25 44 29 _ 150 DELEGATES NOT GROUPED Mary Walsh Brennan Q 0 0 0 0 Ralph R. Coleman 2 0 2 0 4 Robert J. W. Stone 3 0 7 3 13 Blanks 0 0 2 0 2 ALTERNATE DELEGATES NOT GROUPED STATE COMMITTEE 7TH MIDDLESEX DISTRICT John Howard Pearson 80 112 147 96 ' 435 Blanks 51 92 98 74 315 Helen W. Learoyd 71 110 144 84 409 Blanks 60 94 101 86 341 TOWN COMMITTEE • Lulu M. Blake 6 0 8 5 19 Guyetta G. Broderick 6 0 13 5 24 * Albert H. Burnham 6 0 12 4 22 * John D. Collins 6 0 9 5 20 * Joseph R. Cotton 6 0 '7 5 18 *W.Warren Custance 6 0 7 3 16 :: Leigh V. Farnham 6 0 5 2 13 * Essala C. Foster 7 0 6 2 15 * Hazen W. Hamlin 6 0 8 - 3 17 Clayton A. Hilliard 6 0 7 2 15 Harry F. Howard 6 0 8 5 19 :: Arthur W. Hughes 6 0 6 3 15 :> J. Lawrence Miles ' 6 • 0 8 3 17 • Isabel Mitchell 6 0 , 8 2 16 George P. Morey 6 0 6 2 14 • Alton M. Phelps 6 0 8 3 17 • William E. Phillips 6 0 7 3 16 * Alfred L. Short 6 0 5 2 13 ET * James W. Smith 6 2 15 2 25 *- Martha C. Spaulding 7 0 9 2 18 • Clyde E. Steeves 6 0 10 2 18 • William H. Stevenson 6 0 7 3 16 Dorothy T. Taylor 6 0 11 6 23 * Alan G. Adams 0 3 12 3 18 • Robert T. Person 0 2 8 0 10 Archibald R. Giroux 0 0 1 0 1 George E. Smith 0 0 1 0 1 James W. Smith, Jr, 0 0 2 0 2 Doris G. Sands 0 0 1 0 1 A. Thomas Ferry 0 0 0 2 2 Leonard Jellis 0 0 0 1 1 Blanks 3135 5093 5910 4170 18,308 • Elected 544 0-1 x DEMOCRATIC PARTY DELEGATES AT LARGE TO NATIONAL CONVENTION GROUP Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total David I. Walsh 14 8 13 12 47 Paul A. Dever 15 7 13 12 47 John W. McCormack 13 6 12 9 40 Maurice J. Tobin 14 7 13 12 46 William H. Burke, Jr. 13 5 12 10 -40 James M. Curley 14 5 13 11 43 Charles F. Hurley 13 5 12 10 40 _._. Joseph B. Ely 13 5 13 9 40 Francis E. Kelly 14 5 12 9 40 Roger B. Putnam 13 4 12 9 38 William J. Foley 13 5 12 9 39 Alexander G. Lajoie 13 4 12 9 38 Blanks 30 30 7 23 . 90 ALTERNATE DELEGATES AT LARGE TO NATIONAL CONVENTION GROUP Henry K. Cushing 12 5 12 8 37 Joseph A. Scolponeti 12 5 12 7 36 Elizabeth L. McNamara 13 5 12 10 40 Catherine E. Hanifin 11 5 12 6 34 Sadie H. Mulrone 11 4 12 6 33 Clementina Langone 11 4 12 6 33 Anna A. Sharry 12 5 12 6 35 Margaret M. O'Riordan 12 5 12 9 38 John Zielinski 12 4 12 6 34 Mary Maliotis 11 4 12 7 34 Michael 3. Batal 11 4 12 7 34 Morris Kritzman 11 4 12 8 35 Blanks 53 42 12 58 165 -- DELEGATES NOT GROUPED ALTERNATE DELEGATES NOT GROUPED DISTRICT DELEGATES TO NATIONAL CONVENTION GROUP Daniel O'Dea 9 4 7 9 - 29 George T. Ashe 9 4 7 8 n28 James J. Bruin 10 5 7 8 30 Edward W. Kenney 11 4 7 9 31 Blanks 0 9 20 12 41 ALTERNATE DELEGATES TO NATIONAL CONVENTION GROUP Gerald F. Cronin 8 3 7 8 26 Edward P. Gilgun 9 3 7 7 26 Walter H. Wilcox 9 3 7 7 26 Eleanor L. Daly 9 3 7 8 27 Blanks 0 16 20 12 48 545 DELEGATES NOT GROUPED Pre. 1 Pre. 2 Pre. 3 Pre. 4 Total Walter McCarron 0 1 1 0 2 Elizabeth F. O'Sullivan 1 2 1 1 5 Francis J. Roane 1 2 1 0 4 Raymond A. Willett, Jr. 1 1 1 0 3 Blanks 22 0 0 1 23 ALTERNATE DELEGATES NOT GROUPED Edward F. Clang, Jr. 0 0 1 1 2 Firmo Correa 0 0 1 0 1 John H. Gallagher 1 0 1 0 2 Janes F. McCarron 0 0 1 1 2 Bartholomew B. O'Sullivan 0 0 0 1 1 Blanks 28 4 0 3 35 STATE COI ITTEE Harry C. Carragher 1 0 0 1 2 Frank A. Cassidy 7 1 0 5 13 Maurice D. Coudray 2 1 2 1 6 William D. Dacey a 1 2 1 4 William P. McGarry 1 0 1 2 4 Blanks 5 5 8 2 20 STATE COMMITTEE Frances Z. O'Toole 9 3 7 7 26 — Blanks 7 5 6 5 23 TOWN COMMITTEE • Eugene T. Buckley 7 0 3 0 10 • Francis E. Burke 7 0 3 0 10 • James V. Cosgrove 7 0 3 0 10 • Daniel Augustus Cronin 7 0 0 0 7 • John J. Donovan 7 0 3 0 10 • Bartlett J. Harrington 7 0 3 0 10 .. John A. Murray 7 0 3 0 10 ., John G. S e,xt on 7 f3 3 0 10 • Patrick Shanah rn 7 0 3 0 10 James W. Smith, Jr. 0 0 1 0 1 Alan G. Adams 0 0 1 0 1 Robert T. Person 0 0 1 0 1 George A. Bullock 0 0 0 2 2 Manuel J. Ferry 0 0 0 2 2 Joseph A. Kelly 0 0 0 1 1 Blanks 97 80 103 115 395 Elected A true record. LI Attest: (.----:„..,-.,-....4..-A.4t In '"'".."(")'..-=44._...,s-,c,-- --:s Town C rk 1 546 0.14 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 the Cary Memorial Building, -in said Lexington, on Monday, the 1st day of July, 1940 at eight o'clock 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 and to appoint other Committees. Article 2. To see if the Town will vote to abandon any right or easement, if any, taken by eminent domain by the Town in an order of taking of land at Butterfield's Pond recorded with Middlesex South District Deeds Book 6279, Page 318, to include in the storage basin when the water of Butterfield's Pond is raised to a level not exceeding176 feet above mean sea level any part of the land of George E. Ham not taken in fee simple by the said taking, or act in any manner in relation thereto. Article 3. To see if the Town will amend the vote of the Town Meeting of August 8, 1938 under Article four of the warrant for that meeting relating to construction of a storage basin at Butterfield's Pond as part of the Vine Brook Development, by striking out a limitation to 010,000 . for land and flowage rights acquired, or act in any manner in relation thereto. Article 4. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: Candlewick Close; Fottler Avenue. Article 5. To see if the Town will vote to make a further appropriation for the purchase of a Town ambulance, and provide such funds by transfer from Available Funds, or take any other action in relation thereto. Article 6. To see if the Town will accept a gift of money to be applied toward the purchase of an ambulance. Article 7. To see if the Town will vote to transfer to- Excess and Deficiency Account the unexpended balance in the account for Public Melfare Accounts Payable - 1939 Bills - or take any other action in relation thereto. Article 8. To see if the Town will vote to amend the Lexing- ton Zoning By-Law and Map by inserting in Section 3 (b) , after R. 2 Districts, 10, - the words R.3 Districts . 1. Northeasterly by land of the Colonial Garage, Inc., 160 feet, northwesterly by land now or late of Hutchinson and by land now or late of MacKay, 267 feet, southwesterly by Vine Brook Road, 160 feet, southeasterly by land of the Colonial Garage, Inc . , 265 feet; or act in any manner in relation thereto. __.. Article 9. To see if the Town will vote to make a further appropriation for the Engineering Department Expenses account and provide such funds by transfer from available funds or take any other action in relation thereto. 54-7 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 bands at Lexington, this eleventh day of June, A. D. 1940. ARCHIBALD R. GI ROUX WILLIAM G. POTTER SELECTMEN ERROL H. LOCKE OF A. EDWARD ROWSE LEXINGTON GEORGE W. SARANO June 22, 1940 CONSTABLE'S RETURN To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the vestibule of the Town Office Building, and twelve other public places in the Town, and by mailing a printed copy of the same to every reg- istered voter in the Town nine days before the time of said meeting. Attest: P.AT RI CK J. MAGUIRE Constable of Lexington. 544 SPECIAL TOWN Mil:EWING HELD J ULY 1, 1940 Meeting called to order by the Moderator, Robert H. Holt, at 8:10 P.M. There were 157 Town Meeting Members present. The warrant for the meeting was_read by the Town Clerk, James J. Carroll, until upon motion of Selectman A. Edward Rowse, duly seconded, further reading was waived. 8:11 P.M. The Town Clerk read the Constable's return of the warrant. Art. 1. George C. Sheldon, Chairman of the Appropriation Committee, presents report which was voted to be accepted and placed on file. 8:12 P.N. Art. 2. Presented by the Town Counsel, Sydney R. Wright- ington. Art, 2. WHEREAS the Town by an order of taking dated Feb- ruary 13, 1939 and recorded with Middlesex South District Deeds, Book 6279, page 313, took by eminent domain the right to flow the water of Butterfield's Pond over certain lands therein described to a level of elevation not exceeding 176 feet above mean sea level to provide a storage basin for flood flows of Vine Brook; and WIMREAS the Town by an order of taking dated Feb- ruary 13, 1939, and recorded with Middlesex South District Deeds, Book 6279, page 318, took title in fee simple to certain lands bordering upon the said Butter- field's Pond, including land of George E. Ham, and in the said latter taking also took the right and easement to maintain a dam or dikes to create a storage basin for flood flows of Vine Brook and to change the direc- tion, volume and rapidity of flow of surface or under- ground water flowing into or out of Butterfield's Pond and to change and regulate the elevation of the surface of the water in said pond but not exceeding the level of 176 feet above mean sea level; and WHEREAS it has been contended by the said Ham that the said latter taking includes an easement to extend the flowage of the storage basin of the said pond to a level of 176 feet on other land of the said Ham not included in either of the said takings; and WHEREAS the actual construction of the public works for which said taking was made includes two small dikes shown on the plan referred to in the said takings, which dikes limit the area of the said pond when raised to a level of 176 feet so as to exclude from the said storage basin any part of the land of the said Ham not so taken in fee; and whr;tt AS the Superintendent of the Highway Depart- ment having charge of the lands and easement so taken has notified the Selectmen that it was not the inten- tion of the Town by the said takings to include the remaining land of the said Ham in the said storage basin and that any right to use said other land of ._ Ham for a storage basin that may have inadvertently been so taken is no longer required for public purposes: VOTM: That the Town authorize the abandonment of any right or easement, if any, acquired by the Town by the said taking recorded in Book 6279, page 318, to include any of the land of the said Ham not taken in fee by the said taking in the area of the said storage basin when the water of Butterfield's Pond is raised 541 to a level not exceeding 176 feet above mean sea level, and specify that no minimum amount be paid for such abandonment other than the cancellation by the owner of the land in question of any claim for damages for such alleged taking. Carried Unanimous 8:17 P.M® Art. 3. Presented by Town Counsel, Sydney R. Wrightington, Art, 3, MHEREAS, at a town meeting held August 8, 1938 under Article 4 of the warrant for that meeting, the following vote was ,.duly adopted: "Article 4. VOTED: That the Selectmen be authorized on behalf of the Town to purchase or take by eminent domain lands . or the right or easement in lands to construct at the outlet of Butterfield's Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and the right to flow the land under and adjoining the said Butterfield's Pond and its tributaries to the level of elevation one hundred and seventy-six feet above mean sea level, and that the Selectmen be authorized in the name of and on behalf of the Town to execute contracts for, the construction of such a dam and appurtenant works, and that for that purpose the sum of $30,000,00 be appro- priated, , of which $10,000.00 shall be for land and flow- age rights acquired."; And WHEREAS the Town desires to eliminate from the said vote the restriction on the amount payable for land and flowage rights acquired, VOTED:-That the said vote of August 8, 1938 be amended by striking out the words, "of which $10,000.00 shall be for land and flowage rights acquired, " but except as so amended, the said vote is hereby ratified and confirmed. Carried Unanimous 8:19 P.M, Art. 4, Presented by Selectman Archibald R. Giroux as follows: Art, 4, VOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets: Candlewick Close; Fottler Avenue. Carried Unanimous 8:20 P.M. Art, 5. By Selectman Archibald R. Giroux. Art, 5, VOTED: That a further sum of 0125.61 be appropri- ated .for the purchase of an ambulance to be known as the Veterans' Memorial Ambulance, this amount to be added to the appropriation made at the Annual Meeting held on April 8, 1940 for the purchase of an ambulance, and this sum to be provided by transfer from the Excess and Deficiency Account. Carried Unanimous 8:21 P.M. Art, 6. Selectman Archibald R. Giroux moves for indefinite postponement. Carried Unanimous 8:21 P.M. Art. 7. By Selectman Archibald R. Giroux, Art, 7. VOTED: That the sum of $67.08, being the unexpended balance in the account for Public Welfare, Accounts Pay- able, 1939 Bills, be transferred to the Excess and Defi- ciency Account. Carried Unanimous 8:22 P.M. 550 ten Art, 9. Selectman Archibald R. Giroux moves for indefinite postponement. Carried Unanimous 8:23 P.M. Art. 8. Permission granted .gene Viano to sit with Town Meeting Members and speak. Edward W. Kimball, Chairman, reads report of Planning Board. REPORT OF THE PLA NTNG BOARD ON A PROPOSED AMENDMENT TO THE LEXINGTON ZONING BY-LAW AS IT APPEARS UNDER ARTICLE 8 IN THE WAR.. RANT FCR THE TOWN MEET= TO BE HELD JULY_ 1, 19400 A public bearing was held May 18, 1940 after notices were given in accordance With the zoning by-law and the Planning Board now sub- mits a final report with recommendations to the Town. The Board received word from the Petitioner early last year that he was proceeding to file a petition for a business zone on Vine Brook Road, At about the same time the Board of Assessors called a conference with the Planning Board, Board of Appeals, Board of Selectmen and Board of Trade to urge the need of apartments in Lexington. The Planning Board proposed to Mr, Viano that he abandon his efforts to obtain a business zone, and wait until the Board should have presented to the Town a plan for special residence zones for apartments. He followed the Board's suggestion, The Board presented its plan in Town Meeting, and the meeting voted in favor of apartment zones. The Attorney General received a copy of the proposed by-law, and of the vote of the meeting, and is withholding approval until the Town asks to apply the new zon- ing restriction to a specific parcel of land, Meanwhile Mr, Viano suggested that he was ready to petition for such an apartment zone, and the Planning Board designated the area af- fected, from which owners representing 50% of the valuation must join in petitions for a zoning change. The petition was presented and found to be sufficient and proper. A hearing was given at which one or two appeared in favor and sone 32 opposed, The Article was then inserted in the Warrant for action by this meeting. Before a vote can be taken the Board must have submitted its recommendations. The Board is under mandate to carry out definite instructions from the Town. The voters in this case have determined already to provide for the establishment of apartment zones. The Board finds the area described in this petition to be suitably located for such use, It adjoins the Town' s principle business zone, and yet is, so located that there might he maintained upon it an apartment attract- ive enough in its surroundings to command occupants of such a char- acter that the property would not tend to become a social menace, The Board does not pass upon any specific building plans, specifica- tions or res,triction_s. This power is given to the Board of Appeal. The Board does not ignore the fact that many citizens in the neighborhood have registered themselves in opposition, and have a right to present their objections and vote according to those object- ions. The Board, however, recommends favorable action. Signed Wm. Roger Greeley Edward W. Kimball Lester F. Ellis Dissenting June 27, 1940 551 Theodore A. Custance moves report be accepted and placed on file. Carried Unanimously 8:27 P.T . Edward W. Kimball presents the following vote: Voted: That the Lexington Zoning By-Law and Map be amend- ed by inserting in Section 3 (b) , after R.2 Districts, 10,- the words: R,3 Districts .�.., 1. Northeasterly by land of the Colonial Garage, Inc ., 160 feet, northwesterly by land now or late of Hutchinson and by land now or late of MacKay, 267 feet, southwesterly by Vine Brook Road, 160 feet, southeasterly by land of the Colonial Gar- age, Inc., 265 feet. General discussion by various sneakers. Standing vote taken as follows: IN FAVOR YELLERS OPPOSED 21 Walter E. Sands 18 23 Leland H. Emery 54 22 Robert Whitney 9 66 81 Lost 9:35 P.T . Motion made by Selectman Archibald R. Giroux, meeting be dissolved, seconded and so voted. Carried Unanimously 9:38 P.M. ---- A True Record Attest: *own1 P i i 552 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 the Adams School, East Lexington ( Precinct One) , and Cary Mem- orial Hall ( Precinct Two, Three and Four), on _ MONDAY, the TWEI, Ty-NINTH DAY OF JULY, 1940 at two o t clock, P. M. for the following purpose: To bring in their votes on the following matter: 1. Shall the Lexington Zoning By-Law and Map be amended by inserting in Section 3 ( b) , after R,2 Districts, 10, - the words: R, 3 Districts 1. Northeasterly by land of the Colonial Garage, Inc ., 160 feet, northwesterly by land now or late of Hutchinson and by land nor or late of MacKay, 267 feet, southwesterly by Vine Brook Road, 160 feet, southeasterly by land of the Col- onial Garage, Inc., 265 feet. The Polls will be open at 2:00 P. M. and will remain open until 8:Q0 P.M. And you are directed to serve this Tarrant seven days at least before the time of said meeting as provided in the By- Laws y-Larts 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 fifteenth day of July, A. D., 1940. Archibald R. Giroux A. Edward Rowse SELECTMEN Errol H. Locke OF Georc e W. Sarano LEXINGTON William G. Potter CONSTABLE'S RETURN July 20, 1940 To the Town Clerk: I have notified the inhabitants of Lexington by post- ing printed copies of the foregoing warrant in the Town Office Building, in the Cary Memorial Building, and ten other places in the Town, and by mailing a printed copy of the same to every registered voter in the Town, eight days before the time of said meeting, Attest: Patrick J. Maguire Cons table of Lexington .55 SPECIAL TOWN MEET IN G July 29, 1940 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, July the twenty-ninth in the year of our Lord nine- teen hundred and forty at two ofclock in the afternoon. The following places were designated as the voting places for the various precincts: Precinct One, Adams School; Precinct Two, Three and Four, Cary Memorial Hall, The following election -officers having been duly appointed by the Selectmen, a-nd Wardens of the various Precincts were as- signed for duty as follows: Precinct One Precinct Two Charles J. Dailey . Warden Clyde E. Steeves Bartlett J. Harrington Inspector Lucius Austin George Foster Inspector Ruth Ray Mary E. Stankard Clerk John H. Dacey Mary A. Rowland Teller Edward McGrory Helen B. Dolan Teller Madeline V. Peterson Precinct Three Precinct Four Hiram . Jackson, Jr. Warden Howard E. Custance Alfred A. Adler Inspector William E. Mulliken Charles E. Moloy, Jr, Inspector Mary J. Ferry John McKearney Clerk Frank Maguire John J. McCormack Teller George A. Bullock Samuel E. Wellington Teller Thomas Ferry The polls were declared open in each precinct at two ofclock P.M. and remained open until eight o?Clock Ps e , after which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk being used. The total registration of voters in each precinct was as follows: Precinct One 1489 One thousand four hundred eighty-nine Precinct Two 1294 One thousand two hundred ninety-four Precinct Three 1338 One thousand three hundred thirty-eight Precinct Four 1418 One thousand four hundred eighteen Total 5539 Five thousand five hundred thirty-nine Question 1. Shall the Lexington Zoning By-Law and Yap be amended by inserting to Section 3 ( b) , after R.2 Districts, 10, - the words: R.3 Districts 1. Northeasterly by land of the Colonial garage, Inc,, 160 feet, northwesterly by land now or late of Hutchinson and by1 --" land now or late of MacKay, 267 feet, southwesterly by Vine YES Brook Road, 160 feet, southeasterly by land of the Colonial NO o Garage, Inc., 265 feet. 1 554 e...71 .„. t=1 F,=0,a9 The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One , Ballots Cast 561 Five hundred and sixty-one Yes - 296 No - 264 Blank - 1 561, Precinct Two Ballots Cast 608 Six hundred and eight Yes - 232, No - 376 - 608 Precinct Three Ballots Cast 616 Six hundred and sixteen Yes - 302, No - 310, Blanks - 4 - 616 Precinct Four Ballots Cast 626Six hundred and twenty-six Yes - 323, No - 302, Blank - 1 - 626 _ Total vote cast: 2411 Two thousand four hundred eleven Total Yes: 1153 One thousand one hundred fifty-three Total No: 1252 One thousand two hundred fifty-two Total Blanks: 6 Six Question Lost A True Record Attest: r , O00 , ,. / .-. .--..-- -, __ .„:_. ...4.., Town Ole. . li 555 TARRANT FOR STATE PRIMARY The Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, Greeting: In the name of the C ommonwe alth you are hereby required to notify and warn the inhabitants of said town who are qual- ified to vote in Primaries to meet in the Adams School, East -- Lexington ( Precinct One) and Cary Memorial Hall, Lexington Center (Precinct Two, Three and Four). TUESDAY, the SEVENTEENTH DAY OF SEPTEMBER, 1940 at 8:00 o'clock, A. M. for the following purposes: To bring in their votes to the Primary Officers for the nomination of Candidates of Political Parties for the follow- ing offices: Governor for this Commonwealth Lieutenant Governor st tr tt Secretary of the Commonwealth rr rr rr Treasurer and Receiver-General rt s, rt Auditor of the Commonwealth rt rt rt Attorney General sr sr Senator in Congress tt tt tt Representativein Congress " 5th Congressional District Councillor rr 6th Councillor District Senator for 7th Middlesex Senatorial District -- Three Representatives in General Court for 7th Middlesex Rep- resentative District Clerk of Courts for Middlesex County Register of Deeds for 7th Middlesex District Two County Commissioners for Middlesex County VACANCY A County Treasurer for Middlesex County And for the Election of the following officers , 13 Delegates to the State Convention of the Republican Party 4 Delegates to the State Convention of the Democratic Party The polls will be open from 8:00 o'clock A. M. to 8:00 o'clock P. M. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting. Given under our hands this third day of September, A. D. 1940. Archibald R. Giroux [- William a. Potter SELECTMEN Errol H. Locke OF George T. Sarano LEXINGTON A. Edward Rowse 556 01 CONSTABLE'S RETURN September 10, 1940 To the Torn. Clerk, I have notified the inhabitants of Lexi.,gton by posting Printed copies of the foregoing 7Carrant in the vestibule of the Town Office Building and ten other public places in the Torn, and by mailing a printed copy of the same to every re- gistered voter in the Town seven days before the time of said meeting. Attest: Patrick J. haTui re Constable of Lexington STATE PRIMAKY ELECTION September 17, 1940 The following election officers had been appointed by the Selectmen and were assigned to duty at the four precincts as follows: Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce George Foster Inspector Lucius Austin Pauline Bartlett Inspector Randall Richards Mary E. Stannard Clerk Mary E. Manley (Deputy); Donald Cameron Teller Arthur L. Hanson Mary A. Rowland Teller Edward McGrory Mary A. Cowdrey Teller Elizabeth -•Tourse George F. Stygles Teller Madeline J. Corbett Lida B. Field Teller Madeline V. Peterson Helen B. Dolan Teller William S. Brarhall L. Ellsworth Pierce Teller Helen McCaffrey Richard E. Truesdell Teller Jesse Condinho Precinct Three Precinct Four Charles H. Schofield Warden Howard E. Custance Alfred A. Adler- Inspector William E. Mulliken Margaret E. Ormond(Dep.) Inspector Maurice E. Woodward John McKearney Clerk Frank Maguire • — Cornelius P. Cronin. Teller William E. Dailey Virginia Tele", Teller George A. Bullock Samuel W. Wellington Teller Charles P. McEnroe Emma Hovey Teller Cori Hauck Henry Meade Teller Mary J. Ferry Esther Graham Teller Atones Hall William H. Stevenson Teller Robert Cady John. J. McCormack Teller Katherine M. Ferry Town Clerk, James J. Carroll read the Warrant for the -- State Primary until further reading was waived by motion of Irving B. Pierce, which was seconded and declared a unanimous vote. The polls were declared open in each precinct at eight A. M. and remained open in each precinct until eight P.M., at which time after due notice, they were closed. 1 I A - riPt 557 r��f r, The election officers were sworn to the faithful performance of their duties by the Town Clerk, James J. Carroll. The ballots were counted by the election officers in each precinct, the tally sheets and total vote sheets prepared by the Town Clerk beim used. The total rep:istration of voters was 5966 ( five thousand nine hundred sixty-six.) Precinct 1. Total number of voters: 1622 One thousand six hundred twenty-two Precinct 2._ Total number of voters: 1387 One thousand three hundred eighty-seven Precinct 3. Total number of voters: 1407 One thousand four hundred seven Precinct 4. Total number of voters: 1550 One thousand five hundred fifty The Town Clerk and Board of Registrars canvassed the result as follows: Prec .l. Rep. 631 Dem. 99 Total votes cast 730 Seven hundred and thirty Prec.2. Rep. 615 Dem. 36 Total votes cast 651 Six hundred and fifty-one Prec .3. Rep. 644 Dem. 49 Total votes cast 693 Six hundred and ninety-three Prec .4. Rep. 598 Deni. 46 Total votes cast 644 Six hundred and forty-four Total vote cast: 2718 Two thousand seven hundred eighteen REPUBLICAN Governor Prec .l Prec .2 Prec .3 Prec.4 Total —' Leverett Saltonstall 554 576 589 543 2262 Blanks 77 39 55 55 226 631 615 644 598 2488 Lieutenant u overnor Horace T. Cahill 544 566 587 533 2230 Blanks 87 49 57 65 258 631 615 644 598 2488 Secretary Frederic W. Coolr 538 566 589 531 2224 Blanks 93 49 55 67 264 631 615 644 598 2488 Treasurer William E. Hurley 537 558 578 522 2195 Blanks 94 57 66 76 293 631 615 644 598 2488 Auditor Russell A. Wood 521 562 574 516 2173 Blanks 110 53 70 82 315 [11 631 615 644 598 2488 Attorney General Clarence A. Barnes 66 58 61 50 235 Robert T. Bushnell 307 377 357 339 1380 William C. Crossley 21 21 46 28 116 Edmund R. Dewing 63 58 62 69 252 Cichaei A. Fredo 36 11 17 20 84 George W. Roberts 68 44 57 41 210 Blanks 70 46 44 51 211 631 615 644 598 2488 _ I ;'' 558 cn Senator In Con;ress ,03 Preel Prec .2 Pre.c,3 Prec .4 Total Henry Parkman Jr. 501 537 562 509 2109 Blanks 130 78 82 89 379 631 615 644 598 2488 Con7.ressmar_ Edith Nourse Rogers567 548 601 532 2109 Fama,ust S. Paulson 31 29 16 31 107 Blanks 33 38 27 35 133 631. 615 644 2488 r Councillor �.• Fuc ene A.F.Burtnet t268 287 288 263 1106 Kart' Walsh Brennan 29 21 34 32 116 Oscar N. Codding 30 53 68 26 177 T: eril A. Dor�.on 87. 47 49 78 261 Willis A. Hutton 26 16 17 24 - 83 Frank E. Lewis 58 79 90 61 288 Blanks 133 112 98 114 - 457 631 615 644 598 2488 SENATOR Arthur T. Coolidge 437 467 518 436 1858 Louis Ellenwood 65 ^53 46 58 222 Blanks 129 95 80 104 408 631 615 644 598 2488 Representatives in General Court George Chauncey Cousens 198 174 205 193 770 Richard I . Furbush 268 -224 246 227 965 Charles E. Ferguson538 508 563 511 2120 William E. Hays 149 149 119 121 538 William_ Monsen �..t r. 61 75 78 103 317 Louis Pfeiffer 175 222 234 226 857 Blanks 504 483 481 413 1881 631 615 644 598 2488 CLERK OF CO tU .TS Frederic L. Putnam 420 446 508 422 1796 Harold A. Murray 80 65 46 75 266 Blanks 131 104 90 101 426 631 615 644 598 2488 Register of Deeds Thomas Leighton 468 482 532 462 1944 Jose-oh J, Launie 34 16 18 33 101 Blanks 129 117 94 103 443 631 615 644 598 2488 County Commissioners Nathaniel I . Bowditch 162 224 237 189 812 ' Levis A. Adams 23 15 20 14 72 Leslie G. Ainley 6 21 10 11 48 Hove Coolidge Amee 22 17 13 15 67 Robert , Beyer 13 10 18 20 61 Maurice V. Blomerth 0 2 2 2 6 Thomas B. Brennan 11 10 4 9 34 Edward J. Bushell 44 36 27 42 149 Ernest J . Chisholm 12 5 5 7 29 Donald B. Falvey 6 8 12 15 41 Harry R. Gardner 9 7 12 6- 34 Archibald R.Giroux 556 533 591 545 - 2225 William A. Hastings 25 30 27 36 108 Arthur K. Reading 39 34 31 25 129 Charles A. Stevens 21 17 25 25 88 559 ( COUNTY COMMISSIONERS CONT.) Pre.1 - Pre.2 Pre .3 - Pre .4 Total John A. Sweeney 8 3 0 4 15 Herbert L. Trull 15 13 8 7 - 43 Frank D. Walker 11 14 8 12 45 Blanks 279 241 235 212 967 631 615 644 598 2488 COUNTY TREASURER — William F. Drake 49 42 54 55 200 Charles P. Howard 359 411 448 353 1571 –__ John E. Howard 52 30 34 31 147 Frank M. Syrewicz 7 4 3 5 , 19 Blanks 164 128 105154 551 , 631 615 644 598 2488 DRT,PGATES TO STATE CONVENTION James W. Smith 410 484 488 431 1813 Dorothy T. Ta.vlor 405 461 484 440 1790 Martha C.Spaulding432 469 478 434 1813 Essala C . Foster 415 454 458 410 1737 Archibald R.Giroux542 543 552 514 2151 Carl G. Vienot 392 453 468 422 1735 Helen H. Hager 403 468 478 420 1799 Alton Y. Phelps 411 482 479 427 1810 Clyde E. Steeves 410 479 483 438 1793 Hazen 7, Hamlin 409 471 481 432 1760 Harry F. Howard 396 461 478 425 1789 W. Warren Custann 406 460 483 440 1788 Lulu M. Blake 409 458 489 432 1769 Ruth M. Wilson 1 0 0 0 1 Walter E. Sands 0 0 1 0 1 Blanks 2762 1852 2072 2109 8795 7 8203 7995 8372 7774 32344 L DEMOCRATIC PARTY GOVERNOR Paul A. Dever 67 22 33 32 154 Francis E. Kelly 27 9 15 11 62 Blanks 5 5 1 3 14 99 36 49 46 230 LIEUTENANT GOVERNOR John C. Carr 31 15 23 19 88 Oven A. Galla-her 28 12 11 12 63 Francis P. Kelley 12 2 3 4 21 -Michael Phillip McCarron 5 0 0 2 7 Charles E. O 'Neill 4 0 0 0 4 Raymond A, Willett,Jr. 7 3 4 2 16 Blanks 12 4 8 7 31 99 36 49 46 230 7 SECRETARY Albert L. Fish 11 5 3 6 25 Katherine A. Foley3l 16 20 14 81 Arthur Michael MacCarthy 21 5 7 10 43 Albert E. Morris 23 5 9 10 47 Blanks 13 5 10 6 34_ 99 36 49 46 230 560 Treasurer Pre.1 Pre.2 Pre.3 Pre.4. Total Ernest J. Brown 10 5 4 5 24 Patrick M. Cahill 12 3 7 10 32 Joseph W. Doherty 19 6 5 6 36 John J. Donahue 31 11 18 18 78 John J. McGrath 14 6 5 3 28 Blanks 13 5 10 4 32 99 36 49 46 230 Auditor r s, Thomas J. Buckley 45 16 25 23 109 Thomas P. Flaherty 6 6 1 3 16 William P. Husband Jr. 44 23 5 9 7 Leo D. Walsh 12 6 6 6 30 Blanks 13 3 8 7 31 99 36 49 46 230 Attorney General John. H. Backus 6 3 4 5 18 James Henry Brennan 20 6 5 8 39 Thomas H. Burke 11 3 2 9 25 Joseph V. Carroll 14 2 6 5 27 Jeannette C. Chisholm2 2 3 2 9 Joseph Finnegan 4 1 3 2 10 John W. Lyons 15 8 10 2 35 Edward A. Ryan 1 0 2 1 4 Harold T. Sullivan 14 4 4 4 26 Blanks 12 7 10 8 37 99 36 49 46 230 Senator In Congress David I . Walsh 89 26 40 42 197 Blanks 10 10- 9 4 33 -- 99 99 36 49 46 230 Congressman Francis J. Roane 77 32 34 34 177 Blanks 22 4 15 12 53 99 36 49 46 230 Councillor James J. Brennan 51 16 18 21 106 Edward J. Coughlin 4 1 7 5 17 Walter McCarron 12 4 7 7 30 Thomas F. McGrath 19 6 3 7 35 Blanks 13 9 14 6 42 99 36 49 46 230 Senator William D. Dacey 77 28 34 36 175 Blanks 22 8 15 10 55 99 36 49 230 Representatives in General Court —] John B. Jenney 50 25 23 23 121 Joseph D. McCarthy 65 24 29 34 152 Robert S . Ward 53 21 22 22 118 Blanks 129 38 73 59 299 297 198 147 138 690 Clerk of Courts J. Gordon Duffy 46 14 16 22 98 Martin Leo Vahey 36 12 16 14 78 Blanks 17 10 17 10 54 99 36 49 46 230 561 Register of Deeds Pre .l Prec .2 Pre .3 Pre .4 Total Cornelius P. Cronin 1 1 Blanks 99 36 48 46 229 County Commissioners Thomas B. Brennan66 25 21 29 141 Francis J.Kellev�� 60 26 26 27 139 Blanks 72 21 51 36 180 198 72 98 92 460 County Treasurer Raymond H.Eurley 77 28 33 33 171 Blanks 22 8 16 13 59 99 36 49 46 230 Delegates To State Convention Eu ene E.Buckley 3 1 6 1 11 Francis J.Burke 3 1 6 1 11 Daniel A.Cronin 3 1 6 1 11 Bartlett Harrington 3 1 6 1 11 Blanks 384 140 172 180 876 396 144 196 184 920 A True record Attest: 7 . 7,,„,,r,r) „,„„ee Tom. C 1 � G 562 1 WARRANT FOR STATE ELECTION Commonwealth of Massachusetts Middlesex, ss. To the Constable of the Town of Lexington, in said County, Greeting: In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Elections to meet in the Adams School, East Lexington (Precinct One ) and Cary Memorial Hall, Lexington Center (Precinct r � Two, Three and Four ), on TUESDAY, TTS; FIFTH DAY OF NOVEMBER, 1940 at 6:00 o'clock A.M. to cast their ballots for the following officers: Presidential Electors; Governor; Lieutenant Governor; Secretary; Treasurer; Auditor; Attorney General; Senator in Congress; Representative in Congress; Councillor; Senator; Three Representatives in General Court; One Clerk of Courts; One Register of Deeds; Two County Commis- sioners; County Treasurer, And to take action on the following questions: QUESTION 1. To obtain a full expression of opinion, voters should vote on all three of the following questions:- (a) If a voter desires to permit the sale in this town of any and all alcoholic beverages to be drunk on and off the premises where sold, he will vote "YES" on all three questions. (b ) If he desires to permit the sale herein of wines and malt beverages only to be drunk on and off the premises where sold, he will vote "NO" on question one, "YES" on question two and "NO" on question three. "� (c ) If he desires to permit the sale herein of all alcoholic beverages but only in packages, so called, not to be drunk on the premises where sold, he will vote "NO" on questions one and two, and "YES" on question three. (d) If he desires to permit the sale herein of wines and malt beverages to be drunk on and off the premises where sold and in addition other alcoholic beverages, but only in packages, so called, not to be drunk on the premises where sold, he will vote "NO" on question one and "YES" on questions two and three. (e ) If he ,desires to prohibit the sale herein of any and all alcoholic beverages whether to be drunk on or off the premises where sold, he will vote "NO" on all three questions. 1. Shall licenses be granted in this town for the sale 1YES therein of all alcoholic beverages (whiskey, rum, gin, 1NO malt beverages, wines and all other alcoholic beverages )? 2. Shall licenses be granted in this town for the sale YES therein of wines and malt beverages ( wines and beer, ale NO and all other malt beverages) ? 3. Shall licenses be granted in this town for the sale [YES therein of all alcoholic beverages in packages, so called,Mt not to be drunk on the premises? QUESTION 2. QUESTION OF PUBLIC POLICY "Shall the Senator from this district be instructed to votelYEsI for legislation providing for ten dollar weekly payments to NO I each recipient of old age assistance?" 1I 563 QUESTION 3. QUESTION OF PUBLIC POLICY "Shall the Senator from this district be instructed to vote for the establishment of a lottery to be conducted by the S Commonwealth, the net proceeds of which shall provide add- To itional revenue for the Old Age Assistance Fund'? The polls will be open at 6:00 A.M. and will remain open until 8:00 P.M. 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 21st day of October, A.D. 1940. Archibald R. Giroux A. Edward Rowse SET=FCTMEN George W. Sarano OF William G. Potter LEXINGTON Errol H. Locke October 28, 1940 T To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the vestibule of the Town Office Building and seven other places in the Town, and by mailing a printed copy of the same to every registered voter in the Town eight days before the time of said meeting. Attest: John C. Russell CONSTABLE OF LEXINGTON LI ® j 564 STATE ELECTION November 5, 1940 The following election officers had been appointed by the Selectmen and were assigned to duty at the four precincts as follows: Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Pauline E. Bartlett Inspector Jobst. H. Dacey George Foster Inspector Lucius Austin Mary E. Stankard Clerk Randall Richards Mary A. Rowland Teller Arthur L. Hanson Donald Cameron Teller Edward McGrory Mary A. Cowdrey Teller Elizabeth Nourse George F. Stygles Teller Madeline J. Corbett ilda J. Field Teller Madeline V. Peterson Helen B, Dolan Teller William S. Bramhall L. Ellsworth Pierce Teller Helen McCaffrey Alice G. Marshall Teller Jesse Condinho Additional officers added by Additional officers added by Charles J. Dailey, Warden Irving B, Pierce, Warden Richard E. Truesdell, R Marjorie Pierce, 55 Forest St. Annie H. McDonnell D John Kelley, 8 Muzzey St. Edith M. Figenbaum Precinct Three Precinct Four Howard E. Custance Charles H, Schofield Warden /7 William E. Mulliken Alfred A. Adler Inspector Daniel A. Gorman, Jr, Charles E. Moloy, Jr. Inspector Frank Maguire John McKearney Clerk William Dailey Cornelius P. Cronin Teller George Bullock Samuel W. Wellington Teller Carl Hauck alma Hovey Teller Agnes Hall Jobn J. McCormack Teller Robert Cady Henry Meade Teller A. Thomas Ferry Esther Graham Teller Charles D. McEnroe Leonard Foss Teller Mary 3. Ferry Additional officers added by Additional officers added by Charles H. Schofield, Warden Howard E. Custance, Warden R Hazen W. Hamlin, 50 Gleason Rd. Harry Howard D Katherine Vaughn, 5 Cottage St. Fred Tullar Edna Custance Maurice Woodward To Clerk James J. Carroll read the Warrant for the State Election until further reading was waived by motion of Irving B. Pierce, which was seconded and declared a unanimous vote. The polls were declared open in each precinct at six A,M., and remained open in each precinct until eight P.M., at which time after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The ballots were counted by the election officers in each precinct, the tally sheets and total vote_sheets prepared by the Town Clerk being used. The total registration of voters was 6263 ( six thousand two hundred sixty three) . Precinct 1. Total number of voters: 1704 Seventeen hundred four Precinct 2. Total number of voters: 1435 Fourteen Hundred thirty-five Precinct 3. Total number of voters: 1486 Fourteen hundred eightyysix . Precinct 4. Total number of voters: 1638 Sixteen hundred thirty-eight 565 The Town Clerk and Board of Registrars canvassed the result as follows: Precinct 1. Ballots cast: 1610 Sixteen hundred ten Precinct 2. Ballots cast: 1365 Thirteen hundred sixty-five Precinct 3. Ballots cast: 1405 Fourteen hundred five Precinct 4. Ballots cast: 1532 Fifteen hundred thirty-two Total vote cast : 5912 Five thousand nine hundred "twelve President and Vice President [-- ' Prec.1,Prec.2.Prec.3.Prec.4. Total Aiken and Orange 1 1 0 , 0 . 2 Babson and Moorman 0 0 0 2 2 Browder and Ford 0 1 1 1 3 Roosevelt and Wallace 538 363 344 444 1689 Thomas and Krueger 7 0 0 2 9 Wilkie and McNary 1036 987 1040 1066 '4129 Blanks 28 13 20 17 78 Total 1610 1365 1405 1532 5912 Governor Henning A. Blomen 1 0 1 0 2 Jeffrey W. Campbell 3 0 0 4 ' 7 Paul A. Dever 517 299 313 372 1501 Otis Archer Hood 1 0 2 2 5 E. Tallmadge Root 1 0 0 1 ' 2 Leverett Saltonstall 1070 1052 1060 1132 4314 Blanks 17 14 29 21 81 Total 1610 1365 1405 1532 5912 Lieutenant Governor Horace T. Cahill 1086 1059 1066 1119 4330 Hugo DeGregory 2 1 1 1 5 `_ Oven A. Gallagher 459 258 291 353 1361 Walter Se Hutchins 8 0 0 6 14 George L. McGl;ynnn_ 3 1 1 0 5 Guy S. Williams 0 2 7 4 13 Blanks 52 44 39 49 184 Total 1610 1365 14.05 1532 5912 Secretary Frederic W. Cook 1155 1092 1095 1158 4500 Katherine A. Foley 379 216 269 298 1162 Thomas F. P. O'Dea 2 1 2 2 7 Modestino Torra 3 1 0 5 " 9 Peter Wartiainen, Jr. 7 1 1 5 14 Blanks 64 54 38 54 220 1610 1365 1405 1532 5912 Treasurer John J. Donahue 407 233 275 321 1236 Henry Grossman 5 0 2 1 8 Thomas Hamilton 8 4 6 6 24 William E. Hurley 1107 1070 1076 1137 ^4390 Malcolm T. Rowe 1 1 1 0 3 Andrew Swenson 9 0 2 8 19 Blanks 73 57 43 59 ' 232 Total 1610 1365 1405 1532 5912 566 s Auditor Prec.1 Prec.2 Prec.3 Prec.3. Total Arthur R. Buckley 9 6 4 2 21 Thomas J. Buckley 438 256 289 , 355 1338 Charles H. Daniels 8 0 1 r 4 13 Bernard G. Kelly 3 0 0 - 2 5 Harry W. Kimball 3 3 5 ~ 9 20 Russell A. Mood 1061 1032 1058 1088 4239 Blanks 88 68 48 72 276 Total 1610 1365 1405 1532 5912 Attorney General James Henry Brennan ' 398 ' 256 272 320 1246 Robert T. Bushnell 1117 1058 1086 1136 4397 Joseph C. Figueiredo 5 1 2 4 12 Austin H. Fittz 3 1 2 5 11 Charles R. Hill 7 0 0 7 14 Fred E. Oelcher 0 0 0 0 0 Blanks 80 49 43 60 232 Total 1610 1365 1405 1532 5912 Senator In Congress Philip Frankfeld 2 0 2 3 7 Horace I. Hillis 2 0 0 1 - 3 George Lyman Paine 4 1 1 5 11 Henry Parkman Jr. 926 927 984 982 ^ 3819 George L. Thompson 3 6 4 9 22 , David I. Walsh 614 390 382 495 1881 Blanks 59 41 32 37 169 Total 1610 1365 1405 1532 5912 Congressman Francis J. Roane 262 180 184 229 855 —' Edith Nou rse Rogers 1288 1131 1184 1253 ' 4856 Blanks 60 54 37 50 201 Total 1610 1365 1405 1532 _ 5912 Councillor r James J. Brennan 461 283 296 364 1404 Eugene A. F. Burtnett 1021 984 1034 1054 4093 Blanks 128 98 75 114 415 Total 1610 1365 1405 1532 5912 Senator Arthur W. Coolidge 1074 1026 1053 1098 - 4251 William D. Dacey 412 251 287 347 1297 Blanks 124 88 - 65 87 364 Total 1610 1365 1405 1532 5912 Representatives in General Court George Chauncey Cousens 942 917 965 967 3791 Charles E. Ferguson 1227 1041 1112 1201 4581 Richard I. Furbush 896 897 936 931 3660 John B. Jenney 246 205 195 236, 882 Joseph D. McCarthy 313 198 210 267 988 Robert S. Ward 296 180 201 247 924 Blanks 910 657 596 747 2910 Total 4830 4095 4.2/5 459 1736 Clerk of Courts J. Gordon Duffy 446 247 294 364 1351 Frederic L. Putnam 1039 1026 1054 1072 4191 Blacks 125 92 57 96 370 Total 1610 1365 1405 1532 5912 1 567 Register of Deeds Pre.l Pre,2 Pre.3 Pre,4 Total John P. Clair 403 236 270 333 1242 Thomas Leighton 1070 1026 1069 1090 4255 Blanks 137 103 66 109 415 Total 1610 1365 1405 1532 5912 • County Commissioners Nathaniel I. Bowditch 873 881 922 914 3590 Thomas B. Brennan 270 171 193 232 866 Archibald R. Giroux 1302 1106 1170 1248 4826 Francis J. Kelley 225 139 165 218 747 Blanks_ 550 433 360 452 1795 _ Total 3220 2730 2810 306 11824 County Treasurer Charles P. Howard 1060 1009 1054 1089 4212 Raymond F. Hurley 423 258 290 355 1326 Blanks 127 98 61 88 374 Total 1610 1365 1405 1532 5912 License No. 1 Yes 450 297 339 408 1494 No 896 818 810 851 3375 Blanks 264 250 256 273 1043 Total 1510 1365 1405 1532 5912 License No. 2 Yes 463 325 369 427 1584 No 829 762 748 792 3131 Blanks 318 278 288 313 1197 Total 1610 1365 1405 1532 5912 License No. 3, Yes 887 764 806 863 3320 No 526 444 431 488 1889 Blanks - 197 157 168 181 1703 Total 1610 l365 1405 1532 5912 Old Ade Assistance Yes 990 709 747 919 3365 No 321 409 396 337 1463 Blanks 299 247 262 276 1084 Total 1610 1565 1405 1532 5912 Old Age Assistance Yes 807 550 561 735 2653 No 512 561 591 524 2188 Blanks 291 254 253 273 1071 Total 16113 1365 1405 1532 5912 A true record: ,' Attest: t 9own Cie.e. T T ' ''' :2 --(9--6(' 568 RECOUNT HELD NOVEMBER 30, 1940 SELECTMEN'S ROOM, TOWN OFFICE BUILDING Per instructions received November 21, 1940 from Secretary of State a recount of votes cast November 5, 1940 for the office of Governor was held Saturday, November 30, 1940. The recount was called to order by James J. Carroll, Clerk of the Board of Registrars at 9 o'clock A.M. Credentials of representatives presented. The following tellers were sworn to the faithful per- formance of their duties by James J. Carroll, Town Clerk. — Precinct 1. Charles J. Dailey D Richard E. Truesdell R Precinct 2. Eugene T. Buckley D Irving B. Pierce R Precinct 3. Hazen W. Hamlin R John F. McKearney D Precinct 4. Howard E. Custance R Mary Ferry D Figures of Recount as follows: Governor Pr, 1 Pr. 2 Pr. 3 Pr.4 Totals Henning A, Blomen 1 0 1 0 2 Jeffrey W. Campbell 3 0 0 4 7 Paul A. Dever 517 299 313 373 1502 E. Talimadge Root 1 0 1 1 3 Otis Archer Hood 1 0 3 1 5 Leverett Saltonstall 1070 1051 1059 1133 4313 Blanks 17 15 28 20 80 Total 1610 1365 1405 1532 5912 The following changes were made by precincts. Precinct 1. No change. Precinct 2, Saltonstall lost one, blanks gained one. Precinct 3. Saltonstall lost one, Hood gained one,- Root gained one, blanks lost one. Precinct 4, Dever gained one, Hood lost one, Salton- stall gained one, blanks lost one. The above changes announced and made public whereby Leon H. Truesdell, Chairman of Board of Registrars, declared recount closed at one o'clock P.M. Attest: A true record: Clerk, and of Regisars --.- �and own Clerk 569 TOWN-WARRANT Commonwealth of Massachusetts Middlesex, ss. To the Constable 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 the Cary Memorial Building, in said Lexington, on Monday, the 30th day of December, 1940 at eight o*clock. F..:.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 and to appoint other Committees. Article 2. To see if the Town will vote to appropriate sums of money for the following accounts, such appropriations to be met by transfers from available funds, or by any other method: Snow Removal Public Welfare - Aid & Expenses Engineering Department - Expenses Article 3. To` see if the Town will make a further appro- priation for the installation of water mains in such accepted or unaccepted streets as may be applied for, in accordance with authority contained in the by-laws of the Town, subject to the assessment of betterments, and to take by Fmi neat Domain any necessary easements therefore, such appropriation to be added to the existing account, and to be met by transfer from avail- able funds, or by any other method. Article 4. To see if the Town cill amend the vote of the Town Meeting of August 8, 1938, under Articles 3 to 7 of the warrant for that meeting, relating to the Vine Brook Development, ' by striking out certain limitations in the said votes on the use of portions of the money therein appropriated so that any part of the entire appropriation may be used for any part of the work or expense therein authorized. Article 5. To see if the Town will make a further appro- priation or appropriations for the Vine Brook Sewer and Drain Project, such appropriations to be met in whole or in part by transfer from available funds, or by any other method. Article 6. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: Middleby Road; Sherburne Road, Pelham Road 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. LI Given under our hands at Lexington, this sixteenth day of December, A.D. , 1940. -Archibald-9 }i"w William_,G. Potter Selectmen (la l►.r vva rA Rowe, of Errol H. Locke Lexington George W. Sarano 570 CONSTABLE'S RETURN _ December 21, 1940 To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the Town Office Building and six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town, seven days before the time of said meeting. Attest: r� f John C. Russell Constable or Lexington SPECTAT. TO vi MEETING HELD DECEMBER 30, 1940 100 Town Meeting Members present. Meeting called to order at 8:09 P.M., by the Moderator, Robert H. Holt. The warrant for the meeting was read by the Town Clerk, James J. Carroll until Upon motion of Selectman, Errol H. Locke, duly seconded further reading was waived. The Town Clerk read the Constables return of the warrant 8:10 P.M. Under Article 1, George C. Sheldon, Chairman of the 711 Appropriation Committee presented the Appropriation Committee report which was voted to be accepted and placed on file--8:10 P.M. All Articles were presented by Selectman, Archibald R. Giroux, unless otherwise noted. ARTICLE R. Whereas, it is necessary to make immediate payments for Snow Removal, and whereas the balance in the account is in- sufficient therefor, this vote is, therefore, declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the town, and it is TOTED: That the sum of $5,000.00 be appropriated for Snow Removal, this amount to be transferred from the Excess and Deficiency Account; and CARRIED UNANIMOUSLY, 8:12 P.M. Whereas, it is necessary to make immediate payments for Public Welfare - Aid & Expenses, and whereas the balance in the account is insufficient therefor, this vote is, there- fore declared to be an emergency measure necessary for the immediate preservation of the peace, health,- safety or con- venience of the town, and it is VOTED: That the sum of $5,000.00 be appropriated I] for Public Welfare - Aid & Expenses, this amount to be trans- ferred from the Excess and Deficiency Account; and Carried Unanimously, 8:13 P.M. Whereas, it is necessary to make immediate pay- ments for the Engineering Department - Expenses Account , and whereas the balance in the account is insufficient therefor, this vote is, therefore, declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the town, and it is 1 571 VOTED: That the sum of$900.00 be appropriated for the Engineering Department - Expenses Account, this amount to be transferred from the Excess and Deficiency Account. Carried Unanimously,_ 8:15 P.M. ARTICLE 3. VOTED: That an additional sum of $2,000.00 be appropriated for the installation of water mains in such accepted or unaccepted streets as may be applied for, in accordance with authority contained in the by-laws of the Town, subject to the assessment of betterments, and to take by Eminent Domain any necessary easements therefor, this sum to be transferred from the Water Assessment Fund. Carried Unanimously, 8:16 P.M. ARTICLE 4. Whereas, at a Town Meeting held August 8, 1938 under Articles 3 to 7 of the warrant for that meeting the follow- ` ing votes were duly adopted: Article 3.. VOTED: To take up articles 3 to 7 together, and . uRTHER VOTED: That the Selectmen be authorized in the name of and on behalf of the Town to acquire by purchase or eminent domain for surface and sanitary drainage purposes any or all of the land on both sides of Vine Brook as follows: (a) qn the relocated North and South Branches of Vine Brook from Marrett Road to Vine Brook Road for an aggregate width not ex- ceeding one hundred and fifty feet; (b) from the easterly side ofWaltham Street to the location described under (a) of this vote for an aggregate width not exceeding sixty feet; (e) from Vine Brook Road to Massachusetts Avenue for an aggre- gate width not exceeding fifty feet; (d) from the land of the Town on which stands the Town Office Building to Hayes Lane tor. East Street for an aggregate width not exceeding one hundred L- fifty feet; (f) from East Street to North Street for an aggregate width not exceeding fifty feet; (g) temporary leasehold interest in adjoining ,land for use during construction,. and to deepen, widen, straighten, and relocate the parts of the channel of the said Vine Brook and its North and South Branches within the said takings, to change its location from its present channel, to construct closed conduits in place .Of open..ehannels and to change the direction, volume and rapidity of the flow of the said Brook, and its said Branches, andof any surface or underground water flowing into it, and to construct drainage improvements in and adjacent to Vine Brook extending from Winthrop Road Extension so- called -on the South Branch and Waltham Street on the North Branch to North Street, including the construction of a conduit in place of an open channel from the junction of the North and South Branches to Hayes Lane, substantially as recommended by the gine Brook Drainage Committee in a report received by the Town, Septem= ber 27, 1937,. and that the Selectmen be authorized to do such work as may be required to restore and maintain or supplement existing private water supplies now in use (exlusive of operating expenses) which may become diminished or impaired as a result of the construction of the proposed Vine Broca Channel; to grant rights of way and to lay out such streetsand ways across the lands to be acquired under this vote as may be deemed advisable, and for the purpose of meeting the cost of such construction the sum of $273,000.00 be appropriated, of which $29,600.00 shall be for land acquired; also under Article 4. VOTED: That the Selectmen be authorized on behalf of the Town to purchase or take by eminent d onain lands or the right of easement in lands to construct at the outlet of Butterfield's Pond at Lowell Street a dam to create a storage basin for flood flows of Vine Brook and the right to flow the land -under and adjoining the said Butterfield's Pond and its tributaries to the level of elevation one hundred and seventy-six feet above mean sea level.,, and that the Selectmen be authorized in the name of and on behalf of the Town to execute contracts for the construe- tion of such a dam and._A$ppu tenantworks, and that for that purpose the sum of $30,000.00 be appropriated, of which $10,000.00 shall be for land and flowage rights acquired; also under 1572 Article 5. VO D: That the Selectmen be authori;ed to construct a cOnduit to, enclose the North Branch of Vine Brook from the west side of Waltham Street to the junction of the North and South Branches, and that for that purpose the sum of $17,000.00 be appropriated; also under Article 6. VOTED: That the Selectmen be authorized to construct a low level sewer from a point about two hundred and ten. feet (210' ) east of, Hayes lane to a point about two hundred and twenty feet (2201 ) south of Vine Brook Road near the conduit to be constructed for Vine Brook as authorized by this meeting and to acquire by purchase or by taking by eminent domain any necessary easement therefor, and that for that purpose the sum of $25,000. be approI] - priated; also under Article 7. VOTED: That for the purpose of meeting the appro- priations voted under Article 3 - 6 inclusive, the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow $183,000.00 under authority of and in accordance with the provisions of Chapter 50 of the Acts of 1938 and to issue bonds or notes of the Town therefor payable in not more than fifteen years at such term and maximum rate of interest as may be fixed by the Emergency Finance Board. All moneys received by way of grant from the Federal Government on account of this project shall be applied first to meet the cost of construction thereof and any balance shall be applied to the payment of the loan herein authorized. The Selectmen are hereby authorized and directed to accept on behalf of the Town, for use in carrying out such pro- ject, a Federal grant of money, pursuant to the Public Works Administration Appropriation Act of 1938; and the Selectmen are authorized to proceed with the construction of said project and to enter into all necessary and proper contracts and agree- ments in respect thereto, all subject to applicable Federal regu- lations; and the Selectmen are, authorized to do all other acts and things necessary or convenient for obtaining said grant , making said loan, and constructing said project; -- And whereas the Town desires to eliminate from the said votes, any restrictions on the application of the total amounts appropriated therein so that any unexpended fund under any of the said appropriations may be used for any of the pur- poses authorized in the said votes, and particularly for the purpose of paying or compromising certain verdicts or judgments against the Town for takings of property by eminent -dsaain; VOTED: That any part of the total of the appropriations made in said votes of August 8, 1938 may be used to meet expense incurred in carrying out any part of the projects therein author- ized. General discussion by various speakers. Motion by Harold B. Lamont meeting be adjourned 8:39 P.M. Motion to adjourn lost 8:39 P.I . General Discussion Selectmen, Archibald R. Giroux moves to lay Article 4 on the table, duly seconded, to provide ample time for the Town Accountant, James H. Russell to provide figures desired. Carried Unanimously, 8:45 P.M. Article 6. VOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets: Middleby Road; Sherburne Road; Pelham Road Carried Unanimously, 8:46 P.M. 4 573 Article 5. VOTED: That a further appropriation of $6,000.00 be made for the Vine Brook Sewer and Drain Project, this being the sum collected as liquidated damages due to breach of a bid bond on the Vine Brook Sewer and Drain Project; this sum to be transferred from the Guarantee Bond Forfeiture Account, Vine Brook Sewer and Drain Project. John J. Devine moves to lay on the table, seconded and carried unanimously 8:52 P.M. Town Accountant, James H. Russell returned to meeting with requested figures at 8:59 P.M. With explanations by Join W. Raymond, Jr. 'whereby Selectman, Archibald R. Giroux moved Article 4 be taken from table and carried unanimously 9:04 P.M. - Article 4 as originally presented carried unanimously 9:05 P.M. Moved that Article 5 be taken from the table--unan- imously 9:06 P.M. - Article 5 as originally presented, carried unanimously 9:06 P.M. Moved and seconded that meeting be adjourned-- , Carried unanimously, 9:06 P. I. A true record Attest: 2 /Cierk 574 REPRESENTATIVE ELECTION November 18, 1940 Pursuant to the General Laws, the City Clerk of Waltham and the Town Clerks of Bedford and Lexington met at Waltham this day ten o'clock in the forenoon for the purpose of canvassing the votes cast on. the fifth day of November 1940 for the election of three representatives to the _General Court of the Commonwealth of Massa- chusetts to represent the seventh Middlesex Representative District. The result of the canvass was as follows: In Waltham George. Chauncey Cousens had nine thousand nine hundred forty- two, (9942). -- Charles E. Ferguson had seven thousand five hundred forty- two, (7542). Richard I Furbush had nine thousand two hundred twenty-seven, (9227). In Bedford George Chauncey Cousens had six hundred seventy-seven, (677). Charles E. Ferguson had seven hundred twenty-five, (725 ). Richard I. Furbush had six hundred twenty-eight, (628). In Lexington George Chauncey Cousens had seven hundred seventy, (770 ).. Charles E. Ferguson had two thousand one hundred twenty, (2120 ). . Richard I. Furbush had nine hundred sixty-five , (965) . The return showed that George Chauncey Cousens, Charles E. Ferguson, and Richard I. Furbush had the majority of the votes cast in Waltham, Bedford,. and Lexington and certificates were accord- ingly filled out by the Clerks present to be delivered to George Chauncey Cousens, 15 Dennison Street, Waltham; Charles E. Fergu- son, 16 Highland Avenue, Lexington; and Richard I. Furbush, 62 Waverly Oaks Road, Waltham. William J. Lanagan, City Clerk of Waltham. --• Bert �. Berry, Town Clerk of Bedford. ,, � .• ( Town Clerk of Lexington. j • 575 REGISTRATION FOR SELECTIVE SERVICE Per proclamation of Franklin D. Roosevelt, President of the United States of America, the Registration for Selective Service was held Wednesday, October 16, 1940, from 7:00 A.M. until 9:00 P.M., at the regular voting places of the Town, for the registra- tion of all male persons between the ages of twenty-one and thirty- six. By direction of James J. Carroll, Town Clerk, as Chief Reg- istrar, the following were appointed as head Registrars; Charles J. Dailey, Precinct 1, Irving B. Pierce, Precinct 2, Charles H. Schofield, Precinct 3 and Howard E. Custance, Precinct 4. The following were appointed as Assistant Registrars: Richard E. Truesdell Lillian T.I. Spidle Helen F. Blinkhorn George E. Foster Doris B. Leavitt L. Elizabeth Smith Paul R. Snow Bertha S. Vik Annette P. Breen L. Ellsworth Pierce Katherine M. Donahue Genevieve C. Doherty Mary A. Rowland Annie M. Nickerson June H. Wright Mary E. Stankard. A. Elizabeth Swanton Chester A. Neilsen Leigh V. Farnham Dorothy Porter Catherine Y. Ferry Jessie E. Keenan Ellen V. Dormin Elizabeth N. Hall Rose N. Shackford Mae Youngquist William E. Mulliken Helen L. Pierpont Margaret I. McDevitt Harold Etheridge S. Florence Pritchard Marion N. Welch Wilbur Roberts Douglas P. Brayton Ruth Moore Mary J. Ferry Helen Wiggins Marjorie E. Hartt Evelyn R. Smith Amy C. Campbell Kathleen J. McSweeney A. Irving Dodge Virginia N. Rhoades Merrill F. Norlin Mabel A. Miller Greta L. Dyas Robert P. Trask Helen I. McIntyre Cora D. Leighton John F, McKearney Marion L. Cronan Bertha V. Hayward Samuel W. Wellington Helen F. Spooner Margaret L. Small Henry P. Meade William H. Cuzner Helen C. Crowley Emma L. Hovey Beatrice T. Cummings 7- Margery 7. Payson Cornelius P. Cronin Harriet J, Hodgkins E. Jannice Kimball Harry F. Howard Dorothea N, Salman L Marjorie D. Moody Esther W. Graham Irving F. Sherwood Evelyn L. Lucy Guyetta G. Broderic Dorothy G. Nickerson Althea M. Earley John J. McCormack Alice T. Farrand Ruth E. Morrison Alfred A. Adler Marion E. White Lucius A. Austin John W. Hess Doris E. Bauer Helen A. McCaffrey Mary A. Hallaren Harriet S. French Elizabeth R. Nourse Margaret E. Ormond Edward E. Abell Gertrude E . Miller Jennie F. Blodgett George V. Perry Hazen W. Hamlin Arnold V. Lunt Ruth L. Maurer Madeline J. Corbett Philip N. Caughey Kathryn Flaherty Arthur L. Hanson Gladys M. Anderson Randall W. Richards Claire A. Cook Pauline E. Bartlett Margaret A. Keefe Anne L. Forsyth Eleanor E. Smith The total reistration was eleven hundred thirty-four, Credit should be given all who so ably assisted, with their time and services, especially the sbhool teachers of the Town. Per order of the President of the United States of America, a Certificate of Appreciation has been issued to all persons who participated as Registrars, on Registration Day October 16, 1940. r- Respectfully, 742,--frel...64 e - hief Reyytrar . 576 TOWN WARRANT t=, Commonwealth of Massachusetts Middlesex, ss . To the Constable 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, qualifi ed to vote in elections and in Town affairs, to meet in their respective voting places in said Town, PRECINCT ONE, ADAMS SCHOOL;- PRECINCT- T7:00 THREE, AND FOUR, CARY MEMORIAL BUILDING, on MONDAY, the THIRD DAY OF MARCH, A. 1941, at 6 o'clock, A. H., then and there to act •on the following articles: W•1 •••1 Article 1. To choose by ballot the following town officers; One Town Clerk for- the term of one year; Two Selectmen for the term of three years ; One Town Treasurer for the term of one year; One Collector of Taxes for the term of one year; One Cemetery Commissioner for the term of three years; One Member of the School Committee for the term of three years;- One Moderator for the term of one .(--ear; Two Members of. the Planning Board year; the term of three years; Two Constables for the term of one year; Seventeen Town Meeting Members in each Precinct for the term of three years ; One Town Meeting Member in Precinct One for a term of one year; One Town Meeting Member in Precinct Two for a term of one year; Two Town Meeting Members in Precinct Two for a term of two years; One Town Meeting Member in Precinct Three for a term of two years; Two Town Meeting Members in Precinct Four for a term of two years; The polls will be open at 6:00 A. M. and will remain open until 8:00 P. N. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the thirty-first day of March, 1941 at 8:00 P. M. at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929 and subject to the referendum provided for by section eight of said chapter. Article 2. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Cormnittees. Article 3. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow -money from time to time in anticipation of the revenue of the financial 1 year beginning January 1, 1942, and to issue a note or notes - therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws. Article 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1941, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1941. Article 5. To see if the Town will make the usual appropria- tions for Town expenses for the ensuing year, by direct appropria- tion, by transfer from available funds, or by a combination of the two methods, or act in any manner in relation thereto. Article 6. To see if the Town will vote to transfer unexpended appropriation balances in any of the Accounts to the Excess and De- ficiency Account, to the Water Department Available Surplus Account, or act in any manner in relation thereto. 577 Article 7. To see what action the Town will take with refer- ence to authorizing the Assessors to use funds from the Excess and Deficiency Account toward the reduction of the 1941 tax rate. Article 8, To see if the Town will vote to appropriate money to pay any unpaid bills for prior years of the various town de- partments . Article 9. To see if the Torn will authorize the Board of Selectmen to sell and dispose of the property taken by the Town by foreclosure of tax titles , Article 10. To see if the Town will vote to appropriate a sum of money for the Reserve Fund as provided by Chapter 40, Sec- __ tion 6, General Laws, or act in any manner in relation thereto. Article 11. To see if the Town will vote to authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1941. Article 12. To see if the Town will vote to install water mains in such accepted or unaccepted streets as may be applied for during the year 1941 in accordance with authority contained in the Ry-laws of the Town, subject to the assessment of better- ments, and to take by eminent domain any necessary easements therefor, and to pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 13. To see if the Town will vote to install sever mains in such accepted or unaccepted streets as may be applied for during the year 1941 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain any nec- essary easements therefor, and to pay for the same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. - Article 14. To see if the Town will vote to authorize the Selectmen to construct granolithic or bituminous concrete side- ____ walks, in accordance with General Laws, Ch. 80, and provide funds for said construction by direct appropriation, or act in any man- ner in relation thereto. Article 15. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: Richard Road; Lexington Avenue. Article 16. To see if the Town will vote to appropriate funds for providing cooperation with the Federal Government in unemployment relief and other projects, of direct or indirect benefit to the town or its inhabitants, said funds to be expended by the Selectmen. Article 17. To see if the Town will appropriate money to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages of superintendence on public works for which the Town has power to appropriate money to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work, or act in any manner in relation thereto. Article 18. To see if the Town will vote to appropriate money to pay the necessary expenses of School Officers incurred outside the Commonwealth in securing information upon matters in which the Torn is interested or which may tend to improve the service in the School Department. Article 19. To see if theTown will vote to appropriate money for highway maintenance under authority of Chapter 90 of the General Laws, Article 20. To see if the Town will vote to appropriate money for construction of Spring Street, said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; said money to be raised by direct appropriation, by transfer from available funds, or by the 578 0 issue of notes or bonds of the Town. Article 21. To see if the Town will vote to appropriate money for the installation of curbing in Woburn Street, or act in any manner in relation thereto. Article 22. To see if the Tore will vote to appropriate money for the improvement of Pollen Road, and pay for the same in whole or in part by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town. Article 23. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Patriots Drive, from Meriam Street, a distance of approximately 793 feet, as laid out by the Selectmen, and shown upon a certain plan on file in the office of the Town Clerk. Article 24. To see if the Town will purchase from Robert C. Merriam the water main, the sewer main, and the drainage system constructed by him in Patriots Drive, if the layout of Patriots Drive is accepted by the Town, and appropriate money therefor, or take any other action with respect thereto. Article 25. To see if the Town will vote to establish as a town way or accept the layout of as a town way, Patriots Drive, from Edgewood Road, a distance of approximately 305 feet in a southwesterly direction, as laid out by the Selectmen and shown upon a certain plan on file in the office of the Town Clerk, and appropriate money therefor, either by the issue of bonds, notes, or otherwise, for the construction of said street under the Bet- terment Act, or act in any manner in relation thereto. Article 26. To see if the Town will vote to acquire title to the water pipe and appurtenances laid in Blake and Preston Roads by the Lexington Trust Company, and provide funds for same by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the town; or act in any manner in relation thereto. Article 27. To see if the Town will vote to appropriate a -- sum of money for the improvement of the traffic control system at the junction of Marrett Road and Waltham Street, or act in any manner in relation thereto. Article 28. To see if the Town will vote to appropriate a sum of money for the installation of a new lighting system at the Cary Memorial Library, or act in any manner in relation thereto. Article 29. To see if the Town will vote to appropriate a sum of money for the purchase of a radio transmitter and necessary equipment therefor for the Police Department, or act in any manner in relation thereto. Article 30. To see if the Town will vote to appropriate a sum of money for the purpose of erecting a fence to enclose the new fields at the Center Playground, and for any other items in connection with the fields, or act in any manner in relation thereto. Article 31. To see if the Town will vote to appropriate a sum of money for the installation of a water main and service to the Center Playground, or act in any manner in relation thereto. Article 32, To see if the Town will vote to appropriate a sum of money for the installation of automatic sprinklers in the Lexington High School, or act in any manner in relation thereto. Article 33. To see if the Town will vote to accept a gift of a sum of money under the will of Leroy S. Brown, to be invested and the income used towards defraying the expense of the Patriotts Day Celebration on April 19th, or act in any manner in relation thereto. Article 34. To see if the Town will vote to accept a gift from the Boston and Maine Railroad of the driveways leading from Massachusetts Avenue to the railroad station in Lexington Center, 579 containing 20,630 square feet, more or less , upon the condition that the same shall be forever kept open and used for highway and sidewalk purposes, or act in any manner in relation thereto. Article 35. To see if the Town will vote to establish as a Town way or accept the layout of as a Town way the driveways leading from Massachusetts Avenue to the railroad station in Lex- ington Center, containing 20,630 square feet, more or less, as laid out by the Selectmen and shown on a certain plan on file in the office of the Town Clerk, or act in any manner in relation thereto. Article 36. To see if the Town will vote to accept General Laws, Ch. 41, sec . 100A, as inserted by Statute 1931, Ch. 458, Sec . 4, as amended by Statute 1934, Ch. 291, Sec. 3, authorizing the Town to indemnify Town Officers or employees in certain in- stances. Article 37. To see if the Town will vote to indemnify Wallace C . t„eisinger against a claim of Helen F. Matthews for prop- erty damage to her automobile, resulting from a collision with a snow plow, and appropriate money therefor, or act in any manner in relation thereto. Article 38. To see if the Town will vote to appropriate a sum of money to cover the espenses of pri'ting; publishing, and distributing the proposed Building and Plumbing By-laws, and provide for same by direct appropriation, by transfer from avail- able funds , or by the issue of bonds or notes of the Town. Article 39. To see if the Town will vote to appropriate money for the installation of fire alarm boxes, or act in any man- ner in relation thereto. Article 40. To see if the Town will vote to appropriate money for the purchase of a resucitator for the Fire Department, or act in any manner in relation thereto. Article 41. To see if the Town will vote to appropriate a sum of money for the purchase of food order stamps issued by the Surplus Marketing Administration and Agencies of the U. S. Dept. of Agriculture, and provide for same by direct appropriation, by transfer from available funds, or by the issue of bonds or notes of the town. Article 42. To see if the Town will vote to accept General Laws, Ch. 31, Sec. 4, placing the members of the Fire Department under civil service . Article 43. To see if the Town will amend the amendment to Article V, sec. 2 ( a) of the building By-law adopted January 15, 1940 by substituting therefor ti-e following: "Article V, sec . 2 (a) . Before approval by the Board of Sur- vey of a subdivision plat under G. L. Ch. 41, sec . 81-F, it shall require that the ways laid out on such plat shall coordinate with other existing or proposed streets with which they may connect, and it shall require such provisions for the disposal of surface water as will prevent damage to the said streets and utilities and to other ways in the town, and shall require an agreement by the subdivider, to construct the ways and/or utilites in the man- ner and location shown on said plat as finally approved, within a reasonable time, to be specified in said agreement, and to con- form to the regulations of the Board of Survey regarding such construction, performance of which agreement shall be secured by a performance bond in form approved by the Board of Survey with a surety company, authorized to do business in Massachusetts, as surety, in such form aid such penal sum, equal to the estimated reasonable cost of construction, as the Board of Survey shall determine, as liquidated damages. In place of a surety bond the board may accept cash or obligations of tire United States of America or of the Commonwealth of Massachusetts in a face amount equal to the estimated reasonable cost of such construction ." 1580 e Article 44. To see if the Town will vote to accept Section 103A of Chapter 54 of the General Laws, as amended by Chapter 77 of the Acts of 1937, which provides that Sections 86-103 inclu- sive of said Chapter 34 and Sections 27 and 34 of Chapter 56 of the General Laws, ( all relative to absent voting) shall so far as applicable apply to regular tom elections in any town which accepts such Section 103A, at any Annual Meeting or any Special Town Meeting, held not less than 90 days before any Annual Meet- ing, or will take any action relative to Section 103A or to such absent voting. Article 45, To see if the Town will vote to instruct the Board of Selectmen to protect the position of any Person employed by the Town who may be called for service with the armed forces of the United States or any sub-division thereof, during the present emergency. And you are directed to serve this Warrant seven days at least before the time of said meeting as provided in the By- law 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 seventeenth day of February, A. r., 1941, Archibald R. Giroux William G. Potter SELECTMEN A. Edward Rowse OF Errol H. Locke LEXINGTON Geor; e W. Sarano CONSTABLE'S RETURN February 24, 1941 To the Town Clerk: I have notified the inhabitants of Lexington by posting printed copies of the foregoing Tarrant in the Town Office Build- ing, and seven other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town, seven days before the time of said meeting . Attest: John C. Russell Constable of Lexington I - 581 ANNUAL TOWN MEETING March 3, 1941 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Monday, March the third in the year of our Lord nineteen hundred and forty-one at six o'clock in the forenoon. The following places were designated as the voting places for the various precincts : Precinct One, Adams School; Precinct Two, Three and Four, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Charles J. Dailey Warden Irving B. Pierce Pauline Bartlett Inspector Lucius Austin Alice G. Marshall Inspector Randall. Richards Mary E. Stankard Clerk John H. Dacey Mary A. Rowland Teller Marjorie Pierce Donald Cameron Teller John H. Kelley Annie McDonnell Teller Arthur L. Hanson Ilda Field Teller Edward McGrory Jessie Streeter Teller Elizabeth Norse L. Ellsworth Pierce Teller Madeline J. Corbett Helen B. Dolan Teller Madeline V. Peterson James A. Moakley Teller William S. Bramhall Teller Helen McCaffrey Teller Florence L. Richards -- Precinct Three Precinct Four Charles H. Schofield Warden Howard E. Custance Alfred A. Adler Inspector William E. Mulliken Charles E. Moloy, Jr. Inspector Maurice Woodward (Deputy) John McKearney Clerk Frank Maguire - Cornelius P. Cronin Teller William E. Dailey Virginia Welch Teller George A. Bullock Samuel W. Wellington Teller Charles P. McEnroe Emma A. Hovey Teller Constance L. Thompson John J. McCormack Teller Mary J. Ferry Henry Meade Teller Agnes Hall Esther Graham Teller Robert Cady William H. Stevenson Teller A. Thomas Ferry The polls were declared open in each precinct at six o'clock A.M. and remained open until eight o'clock P.M. , after which time after due notice, they were closed. The election officers were sworn to the faithful performance of `their duties by the Town Clerk. The ballots were counted by the election officers in each precinct , the tally sheets and total vote sheets prepared by the Town Clerk being used. LIThe total registration of voters in each precinct was as follows: Precinct One 1619 One thousand six hundred nineteen Precinct Two 1336 One thousand three hundred thirty-six Precinct Three 1408 One thousand four hundred eight Precinct Four 1534 One thousand five hundred thirty-four Total 5897 Five thousand eight hundred ninety-seven 1582 cii The ballots cast were counted, enclosed in envelopes, sealed, signed by the election officers, together with the unused ballots, and delivered to the Town Clerk at his office. The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One Ballots -Cast 405 Four hundred and five Precinct Two Ballots Cast 403 Four hundred and three Precinct Three Ballots Cast 558 Five hundred and fifty-eight Precinct Four Ballots Cast 391 Three hundred and ninety-one Total vote east: 1757 One thousand seven hundred and I] fifty-seven TOWN CLERK Prec. 1 Prec. 2 Pree. 3 Prec. 4 Total James J. Carroll 364 365 487 346 1562 Blanks 41 38 71 45 195 Total 405 403 558 391 1757 James J. Carroll was elected as Town Clerk for one year. SELECTMEN William G. Potter 296 283 354 260 1193 A. Edward Rowse- 276 274 371 243 1164 Matthew Stevenson 146 162 253 183 744 Blanks 92 87 138 96 413 Total "8 .0 806 1116 782 3514 William G. Potter and A. Edward Rowse were elected Selectmen for three years TOWN TREASURER James J. Carroll 369 369 491 350 1579 Blanks 36 34 67 41 178 Total 405 403 558 391 1757 James J. Carroll was elected as Town Treasurer for one year. COLLECTOR OF TSS William S. Scamman 361 365 494 357 1577 Blanks 44 38 64 34 180 Total 405 403 558 391 1757 William S. Seaman was elected as Collector of Taxes for one year. CEMETERY COMAISSIONER Albert H. Burnham 327 338 456 327 1448 Blanks 78 65 102 64 309 Total 405 403 558 391 1757 Albert H. Burnham was elected as Cemetery Commissioner for three years. SCHOOL COMMITTEE Randall B. Houghton 324 339 462 324 1449 Blanks 81 64 96 67 308 Total 405 403 558 391 1757 Randall B. Houghton was elected to the School Committee for three years. L - — 583 MODERATOR - Pree. 1 Prec. 2 Prec. 3 Prec. 4 Total Robert H. Holt 318 328 454 315 1415 Blanks 87 75 104 76 342 ` Total 405 403 558 391 1757 Robert H. Holt was elected as Moderator for one year. PLANNING BOARD Lester F. Ellis 295 313 424 297 1329 LI Fred C. Newhall 304 339 446 320 1409 Blanks 211 154 246 165 776 Total 810 806 1116 782 3514 Lester F. Ellis and Fred C. Newhall were elected to the Planning Board for three years. CONSTABLES Alfred Kargaard 68 85 141 117 411 *Edward C. Maguire 282 315 399 296 1292 *John C. Russell 342 299 425 275 1341 Blanks 118 107 151 94 470 Total 810 806 1116 782 3514 *Edward C. Maguire and John C. Russell were elected as Constables for one year. TOWN MEETING MEMBERS For Three Years .__, Precinct One Precinct Two Rudolph F. Carlson 270 George H. Anker 261 John D. Collins 285 Tracy W. Ames 277 William F. Govil 269 George W. Butters 275 Thomas J. Donnelly,Jr.290 Harold C. Denham 269 J. Henry Duffy 274 Ralph B. Dibble 271 George E. Foster 285 Robert W. Fernald 269 Malcolm R. Fuller 273 Howard W. Foley 268 Leon B. Garfield 264 Arthur L. Graves 261 Carl B. Jones 264 Stephen F. Hamblin 275 Walter Longbottom 284 Arthur F. Hutchinson 260 Harold MaeGilvray 280 Edwin W. Hutchinson 262 Clarence E. MacPhee 279 Edward W. Kimball 265 Annie F. Putney 281 Ernest A. Lindstrom 266 Albert G. Ross 269 F. Stanley Love 262 Robert L. Ryder 274 Dana Thurber Norris 280 Frank F. Sehiorring 262 William E. Phillips 267 George B. Wilson 284 Edward W. Sibley 253 Blanks 2198 Blanks 2310 6885 61351 All the above names were elected Town Meeting Members for the term of three years. LITOWN MEETING MEMBER - PRECINCT ONE For One year Warren K. Hadley 347 Blanks 58 Total 405 Warren K. Hadley was elected Town Meeting Member for one year. 584 cn TOWN MEETING MEMBER FOR ONE YEAR Precinct Two Charles G. Davis 311 Blanks 92 Total 403 Charles G. Davis was elected Town Meeting Member for one year. TOWN MEETING MEMBERS FOR TWO YEARS Precinct Two William Wallace Ferguson 308 Thomas E. Fitzgerald 324 Blanks 174 Total 806 William Wallace Ferguson and Thomas E. Fitzgerald were elected Town Meeting Members for two years. TOWN MEETING MEMBERS For Three Years Precinct Three Precinct Four *Eugene T. Buckley 333 * Earl S. Archibald 259 *Guy S. Chace 363 * William J. Buckley 253 *Roswell S. Eldridge 361 * Winfield S. Caouette 245 *Leland H. Emery 377 * Charles T. Cogswell 243 *Charles O. Goodwin 382 * Otis J. Conner 247 *Hazen W. Hamlin 333 * J. Everett Cumming 252 *Clarence R. Hopkins 349 * H. Raymond Burling 248 *Moses M. Low 339 Carl Hauck 244 *Robert C. Merriam 391 * Norton T. Hood 254 George P. Morey 306 * Jasper A. Lane 255 *Howard M. Munroe 347 * Thomas A. Napoli 262 *Fred C. Newhall 404 * Lawrence H. Rivers 262 *Richard E. Rowse 391 * William H. Rosenberger247 — *Waltei E. Sands 369 * James C. Shaw 261 *Rupert H. Stevens 372 * Gordon Elliot Slater 255 *Matthew Stevenson 342 * A. Randall Soderberg 262 *Gerald C. Turner 307 * George G. Whiting 263 Louis W: Winchenbach 271 Blanks 2335 *Harvey F. Winlock 343 Blanks 2806 Total 9486 6647 *Town Meeting Members elected for the term of three years. TOWN MEETING MEMBER FOR TWO YEARS Precinct Three Charles A. McCormack 445 Blanks 113 Total 558 Charles A. McCormack was elected Town Meeting Member for two years. TOWN ME' 'SING MEMBERS FOR TWO YEARS Precinct Four Francis B. Culbertson 299 Roy Johnsen 293 — Blanks 190 Total 782 Francis B. Culbertson and Roy _TOhnsen were elected Town Meeting Members for two years. A true record. Attest : To / Cle 585 ADJOURNED TOIIVN ITEETING HELD MONDAY, MARCH 31, .x.941 Meeting- called to order by the Moderator, Robert H. Holt, at 8:09 P.M. There were 172 Town Meeting Members present. Article 2. George C. Sheldon, Chairman of the Appropriation Committee, presented the Appropriation Committee Report, moving same be accepted and placed on file," Seconded and voted unanimously at 8:10 P.M. Article 2. A. Randall Soderberg, Chairman of the Airport Com- mission, read the report of the Commission, moving same be accepted, filed, and Commission be discharged. Seconded and so voted. 8:15 P.M. Article 2. F. Stanley Love presented the following:- I move, that a Committee of three be appointed by the Moderator, within thirty days, from the Town Meeting Members, to investigate our Public Welfare situation, and that Committee to make recommendations endeavoring to reduce our welfare costs. Carried Unanimous 8;19 P.M. Article 2. Selectman, Archibald R. Giroux, presents the foll- owing:- VOTED:- That oll- owing:-VOTE.: That it is the sense of the Town Meeting that the Sel- ectmen shall appoint a Committee of Five to make a complete study of salaries of all Town employees for the establishing of minimums, maximums, and" automatic increases, or any other matters pertaining thereto; this report to be submitted to the Selectmen before December 1, 1941. ' Carried Unanimous 8:24 P.M. 1 Selectman, Archibald R. Giroux, moves to lay Article 2 on the table. Carried Unanimous 8:24 P.M. Article 3. Presented by Selectman Archibald R. Giroux,- . VOT1:D: That the Town Treasurer, with the approval of the Sel- ectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of' the financial year beginning January 1, 1942, and to issue a note or notes therefor, payable with- in one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Lars. Carried Unanimous 8:25 P.M. Article 4, Presented by Selectman Archibald R. Giroux;- VOTFD: That the Town Treasurer, with the approval of the Sel- ectmen, be and hereby is authorized to refund any or all of the ret'- enue notes issued in anticipation of the revenue of the year 1941, in accordance with the provisions of Section 17, Chapter 44, General Laws; any debt so incurred to be paid from the revenue of the year 1941. Carried Unanimous 8:25 P.M. Article 32. Presented by Randall B. Houghton;- VOTTM: That the sum of 011,814.00 be appropriated for the pur- chase and installation of an Automatic Sprinkler System for the Lex- ington Junior-Senior High School, to be expended under the direction of the School Committee . To meet said appropriation, the sum of 01,992.87 be transferred from School Department Sprinklers--Hancock School, and- teat $9,821.13 be raised from the revenue of the current year. Amendment presented by Selectman A. Edward Rowse, total be ;: 8100.00, $1992.87 be transferred from School Department Sprinklers- Hancock School, $6107.13 be appropriated. Amendment declared lost 8:41 P.M. Main motion as presented declared carried 3:42 P,M, c V 586 t=, Selectman Archibald R. Giroux moves to take Article 2 from table, - Carried Unanimous 8:42 P.M. Article 2. Presented by Selectman Archibald R. Giroux;- VOTED: That the Moderator appoint a Committee of three (3) to study the question of Civil Service for all Town Employees, this Committee to report its recommendations at a later Town Meet- ing. Carried Unanimous 8:42 P.M. Selectman, Archibald R. Giroux moves to take Article 5, with the following being presented by the Moderator, Robert H. Holt: Art, 5. VOTED: That the following amounts be appropriated and assessed for the current year: Appropriation Committee Personal Se'rv'ices $600.00 Expenses 425,00 Carried Unanimously 8:49 P.M. Selectmen' s Department Personal Services $2,935.33 Expenses 1,742.00 'Carried Unanimously 8:56 P.M. Accounting Department Personal Services $4,526.50 Expenses 275.00 Carried Unanimously 8:56 P.M. Treasurer' s Department Personal Services $1,834.67 (Of which $1,000.00 is for salary of Town Treasurer) Expenses 517.00 Carried Unanimously 8:57 P.M. Other Finance Offices & Accounts Expenses $150.00 Carried Unanimously 8:57 P.M. Collector' s Department Personal Services $4,936.67 ( Of which $2,850.00 is for salary of Tax Collector) Expenses 1,550.00 Carried Unanimously 8:57 P.M. Assessors Department Personal Services $5,761.33 Expenses 485.00 Carried Unanimously 8:58 P.M. Law Department Personal Services $2,000.00 Expenses 300.00 Carried Unanimously 8:58 P.M. " Town Clerk's Department Personal Services $2,465.33 (Of which $1,800.00 is for salary of the Town Clerk) Expenses 180.12 Carried' Unanimously 8:58 P.M. Elections Department (Jurisdiction of Selectmen) Expenses $488.50 Carried Unanimously 8:59 P.M. Elections Department ( Jurisdiction of Town Clerk) Expenses $133.00 -Carried Unanimously 8:59 P.M. • 587 Registration Department Personal Services 6469,00 Expenses 324.50 Carried Unanimously 8:59 P.M. Public Works - Superintendents Office Personal Services 64,682.67 Expenses 150.00 Carried Unanimously 9:00 P.M, Town Offices & Cary Memorial Building Personal Services $4,099.67 [1 Expenses 6,225,00 Carried Unanimously 9:00 P.M, Engineering Department Personal Services X11,246$00 Expenses 875.00 Carried Unanimously 9:00 P.M, Planning Board Expenses 8250..00 Carried Unanimously 9:01 P.M, Board of Appeals Expenses 6160.00 Carried Unanimously 9:01 P,M. Beard of Retirement Expenses X250.00 Carried Unanimously 9:01 P.M. Selectman, Archibald R. Giroux, moves to lay Article 5 on the table, Carried Unanimously 9:01 P.M. Selectman, Archibald R. Giroux, moves to take up Article 29, No objections from the Town Meeting Members. Carried Unanimously 9:02 P.M, Art, 29. VOTED: That the Town appropriate the sum of 5'2,435,65 , for the purchase of a radio transmitter and necessary , equipment therefor for the Police Department, this money to be provided from the revenue of the current year, Motion by William R. Greeley as a substitute motion, be re- ferred to- Planning Board or Committee for further investigation to be reported at Next Adjourned Town Meeting. Declared Lost 9:13 P.M, Main motion as presented Declared Carried 9:16 P.M. Selectman, Archibald R, Giroux, moves to take Article 2 from the table-. No objections, Carried Unanimously 9:16 P.M. art. 2, VOTED: That a committee of three be appointed by the Moderator to have charge of the Cary Lectures for the Season 1941-1942, Carried Unanimously 9:16 P.M, Selectman, Archibald R. Giroux, moves to take Article 5 from the table. No objections, Carried Unanimously 9:17 P.M. [1 Art. 5. Presented by the Moderator, Robert H, Holt, Police Department Personal Services 6'38,553.29 - Expenses 4,625.00 Carried Unanimously 9:17 P.M. Fire Department Personal Services X38,330.50 Expenses 9,155,00 Carried Unanimously 9:18 P.M, 588 01 Building Department Personal Services $11100.00 Expenses 118.75 _ , Carried Unanimously 9:18 P.M, Wire Department _ , Personal Services ; 600.00 Expenses 100 .00 Carried Unanimously 9:18 P.M. Weights & Measures Personal Services $500.00 Exp ens e s 230.00 Carried Unanimously 9:18 P.M. Insect Suppression `"' Personal Services Car, 9:24 P.M. $ 300.00 Exp ens e s & Wages 4,520000 Motion by Selectman, A, Edward Rowse, that wages and expenses by amended to read $3,300.00 instead of $4,520.00. Amendment carried 9:23 P.M. Amended; Wages & Expenses 3,300.00 Carried 9:24 P.M. Shade Trees Wages & Expenses $1,415.00 Carried Unanimously 9:24 P.M. Forest Fires Personal Services $ 200.00 Wages and :Expenses 1,200 .00 Carried Unanimously 9:24 P.M. Dog Officer Personal Services $ 100.00 Expenses 10.00 Carried Unanimously 9:25 P.M, Health Department Personal Services Q 500.00 Expenses 5,500.00 .r Carried Unanimously 9:25 P.M. Milk Inspector Personal Services $300.00 Carried Unanimously 9:25 P.M. Dog Clinic_ Expenses •475.00 Carried Unanimously 9:25 P.M. Dental Clinic ` Personal Services _ $1,750.00 Expenses 100.00 Carried Unanimously 9:25 P.M. Posture Clinic _ Expenses ; 625.00 Carried Unanimously 9:25 P.M. Vital Statistics Expenses $ 25.00 Carried Unanimously 9:26 P.M. Animal Inspection — Personal Services $500.00 Carried Unanimously 9:26 P.M. Slaughtering Inspection Personal Services 0800.00 Carried Unanimously 9:26 P.M. 9 I 1589 Plumbing Department Personal Services $875.00 Expenses 128.75 Carried Unanimously 9:26 P.M. Sewer Maintenance ,Personal Services $1,249.58 :Wages & Expenses 3,700.00 Carried Unanimously 9:27 P.M. Sewer Services Wages & Expenses X2,500,00 Carried Unanimously 9:27 P.M. _Surface Drainage Construction Wages & Expenses $2,650.00 Amendment presented. by William M. Aquaro that total amount be made to read $,5,700.00, to include the work on Bow Street. Amendment Carried 9:32 P.M, Main motion as amended for $5,700.0.0 doubted, Rising votes taken as follows: In Favor. Tellers Opposed 25 Arthur E. Graves 9 73 Lester T. Redman 17 25 Richard Rowse 2 123 Total 28 Carried 9:35 P.M. Care, of Dumps & Removal of Ashes „ ages & Expenses $1,900.00 Carried Unanimously 9:35 P.M. Garbage Collection Expenses $5,300000 Carried Unanimously 9:36 P.M. H i ghway Maintenance Personal Services 2,531034 wiages & Expenses 36,000000 Carried Unanimously 9:36 P.M. Snow Removal Wages & Expenses $17,500.00 Motion -made by Selectman, A. Edward Rowse, that the amount be reduced to $15,500.00, Amendment put to vote, same doubted, Rising vote taken as follows: In Favor , Teller Opposed 13 Arthur T. Graves 21 56 Lester T. Redman 33 14 Richard Rowse 18 Total 72 Carried 9:48 P.M. Snow Removal Wages & Expenses ; 15,500.00 Carried Unanimously 9:48 P.M. Traffic Regulation & Control Wages & -Expenses $1,500.00 Carried Unanimously 9:49 P.M. Street Lights Expenses -22,700,00 Carried Unanimously 9:49 P.M. Street Signs 7ages & Expenses $400.00 , Carried-Unanimously 9: 49 P.M, 590 Highway Department - Road Machinery Expenses 110,100.00 (This amount to be transferred from the Road Machinery Fund) Carried Unanimously 9:51 P.M. Public Welfare Personal Services $4,122.00 Town Physician 750.00 Administration Items 975.00 Commodity Distribution 1,506.00 Carried Unanimously 9:53 P.M. Aid & Expenses $63,000.00 Selectman, A. Edward Rowse, moves the amount be reduced to $57,000.00. Amendment as presented Carried 10:09 P.M. Aid & Expenses 157,000.00 Carried 10:09 P.M. Dependent -Children Aid Personal Services 1 602,34 Administration 35.00 Aid & Expenses 13,000.00 Carried Unanimously 10:10 P.M. Old Age Assistance Personal Services 11,884.84 Administration Items 125.00 Carried Unanimously 10:10 P.M. Soldier's Relief Personal Services $ 384.83 Administration 15.00 Aid & Expenses 7,000.00 Carried Unanimously 10:10 P.M. State Aid Cash Grants $900.00 Carried Unanimously 10:10 P.M. -- Military Aid Cash Grants $700.00 Carried Unanimously 10:11 P.M. Soldier's Burials Burial Expenses 1100.00 Carried Unanimously 10:11 P.M. Old Age Assistance Aid & Expenses $30,000.00 Carried Unanimously 10:13 P.M. School Maintenance Personal Services 1184,628.33 Expenses 38,025.00 Americanization Classes 203.00 Vocational Education: Tuition 1,556.00 Carried Unanimously 10:14 P.M. Cary Memorial Library and Branch Personal Services ; 9,910.00 Expenses 4,620.00 (Which includes the amount received by the Town for dog fees.) Carried Unanimously 10:15 P.M. Parks & Playgrounds Personal Services 1 4,229.67 Wages & Expenses 10,425.00 Amendment presented by George C. Sheldon, to reduce per- sonal services to $3,884.67. Amendment Carried 10:16 P.M. Personal Services 3,884.67 Wages & Expenses 10,425.00 Carried 10:16 P.M. Memorial Day Expenses $250.00 Carried Unanimously 10:17 P.M. 591 Patriots Day Expenses 0500,00 Carried Unanimously 10: 17 P.M.. Pensions Fire Department 01,107.81 Carried Unanimously 10:17 P.M. Contributory Retirement System Pension Accumulation Fund $13,777.00 Interest Deficiency on Funds 404,77 Carried Unanimously 10:18 P.M. [1 Public Works Building Wages & Expenses $8,760.50 Carried Unanimously 10:18 P.M. Insurance Premiums $8,300.00 George C. Sheldon moves amount be amended to •5,500.00, Amendment withdrawn, Amendment presented by Harold B. Lamont to read $5,900.00. Amendment declared lost 10:26 P.M. Main motion presented. Philip M, Clark moves to lay motion on the table. Same lost 10:27 P.M. Main motion presented. Insurance Premiums $8,300.00 Carried Unanimously 10:28 P.M. Administration of Trust Funds Expenses $ 70.00 Carried Unanimously 10:29 P.M. -- Town Report Expenses = 627 .51 Carried Unanimously 10:29 P.M. Ambulance Maintenance Expenses $200 .00 Carried Unanimously 10:29 P.M. Unclassified Expenses $325.00 Carried Unanimously 10:29 P.M. Water Maintenance Personal Services $ 4,684.18 Wages & Expenses 19,200.00 Carried Unanimously 10:29 P,M. Water Services Wages & Expenses 87,000.00 Carried Unanimously 10:30 P.M. Cemetery Maintenance - Munroe Personal Services $ 300.00 Wages & Expenses 1,955,00 Carried Unanimously 10:30 P.M. Cemetery Maintenance - Westview Personal Services $ 500.00 Wages & Expenses 3,060.00 ( Of which $3,060.00 is to be provided by transfer from Westview Cemetery Sale of Lots Fund) Carried Unanimously 10:30 P.M. Interest on Debt Interest 09,523,75 Carried Unanimously 10:30 P.M. Maturing Debt $74,202.00 Carried Unanimously 10:30 P.M. Meeting adjourned until April 7, 1941. Unanimous 10:32 P.M. Attest: T7lerk / ��0�� ������ ' - - ` , ' ! ` - ' - � . ` ' ^ ` ` ` . ' ----' |