HomeMy WebLinkAbout1911-1929 Reports of Committees, Volume 2 IN PROCESS OF TRANSCRIPTIONReports of Committees
Book 2
1911-1929
IDs: TC -23, PP 43
Committee Reports
and
Selectmen's Reports
March, 1911
to
Audubon Road, 5
Auto Fire Engine, 24
Anniversary (200th), 50
Alms House, 69
Accounting, Methods of, 111
Ashes and Garbage, Collection, 135
Anniversary (150th), 164
Appropriation Committee report, 186
Anniversary (150th), 243
Air plane Carrier, Committee Report of, 280
Air plane Carrier, Treasurer's Records of, 283
Air plan Carrier, Committee on naming it "Lexington," 297
Almshour property, sale of, 305
Berwick Road - acceptance, 27
Brooks, on lowering of, 29
Belfry Hill, on purchase of, 32.
By Laws, revise, 110
Building Laws, Revision of, 303
" " " " , 328
Charles St. - on acceptance, 76
Cemeteries - Bedford st., 93
" Rules and Reg., 100
Corn Borer Committee Report, 108
Cary, Isaac Harris Conference Comm., 250
Cary, Isaac Harris Trustees Report, 260
"Depot Park" Mass. Ave.
Edgewood Road acceptance, 6
Fire Engine - House & Apparatus, 2.
Fire Apparatus, 24
Finance Committee, on, 36
Franklin Rd. acceptance, 64
Fire Whistle apparatus, Removing, 292
Fire & Water Report, 333
Government, Town Form, 130
Garbage Collection, 239
Hayes Avenue, 8
Highways, Needs and recommentaions road building and maintenance, 138
Honor Roll, 192
Increased School Accomodations, 71
" " " , 78
Improved Highways, 88
[These pages are blank.]
Methods of Accounting, 111
Memorial Honor Roll, 192
Majority Report, 193
Minority Report, 225
New Cemetery (1912), 10
New School House in E. Lex., 15
New Cemetery, 80
" " , 85
Police - charges against Chief of, 58
Planning Board, Report on Zoning, 193
Plumbing Laws, 317
Revere St. relocation, 66
Railroad Park on Mass. Ave., 148
B&M R.R. (Depot Park)
Representative Town Meetings, 271
Representative Town Meetings, 294
Review of Present Zoning By Law, 390
Shirley street, 4
{School House in East Lex}
{ Location for }, 7
Somerset Road, 8
{School House in East Lex}
{ Location for }, 9
School House in East Lex, 15
Swimming Poll & Playgrounds, 18
Slocum Road, 28
Schools - increased accommodations, 56
" " " , 60
Summer St., 63
Street Lights, Bow St & others, 126
Schools, Increased Accomodations, 174
Stone Building Repairs, 191
School Building Committee, 233
Selectmen's Report on new Cary
Memorial Building, 293
Swimming Pool report, 397
" " " Metcalf & Eddy, 398
Town Engineer, 34
Triangle - Mass. & Pleasant, 53
Town Government, 74
Town Government, 92
Town Forest, 146
Town Office Building Committee, 268
Traffic Signals, Report on, 302
Town Office Building " " , 310
Vine Brook Rd - acceptance, 6
Watering & Oiling, Streets, 41
Wire Inspection, Advisibility
of Establishing, 300
Zoning, Planning Board, report on, 192
" Majority Report, 192
" Minority Report, 192
2
Report of Committee on Fire Engine
House and Apparatus.
Submitted to the Town at the Meeting on March 27, 1911
See Town Records for that year, page 335.
"Last year the Committee on Centre Engine House
recommended that further investigation be made
along the line of motor driven apparatus.
Your committee has given much thought and
consideration to this question. The object of our
search has been a motor driven fire engine with
a powerful motor pump, constructed in a strong
and substantial manner, and capable of doing
better work than the ordinary steamer, combining
the fire engine and hose wagon in one piece
of apparatus. The reason of our special
interest in motor driven apparatus is, that if
we can secure such, it will obviate the construction
of a new engine house at an expense of exceeding
thirty thousand dollars ($30000) and make a
very decided saving in expense of maintenance.
From all available sourcres of information
including schedule prepared for "Fire Chief's
Convention" at Syracuse N.Y. in 1910 it is
demonstrated that as compared with horse
drawn apparatus of equal capacity the cost
of maintenance of motor drawn apparatus is not one half.
We believe that the present engine house
can be rebuilt with first story brick, second
story cement covered at an approximate cost
of somewhat exceeding $3000# proving for
motor driven fire engine, ladder truck and
extra space for further appratus.
This plan would make it unnecessary to
maintain horses at the engine house, using
the ladder truck as reserve apparatus with
horses from the stable.
We have found upon the market the product
of several manufacturers of motor driven apparatus,
but at the present time are not ready to
recommend the purchase of any special machine.
We believe that in the near future it
will be possible to decide upon the merits of the
different machines offered.
The Board of Fire Underwriters approve the
use of motor driven apparatur, and have definitely
stated that our Steamer in its present condition
does not give adequate protection.
We unanimously recommend the
purchase of a motor driven fire engine and
the reconstruction of the present engine
house as outlined, and that the matter
shold be definitely brought before the town
for action as soon as it can be demonstrated
which is the best machine to purchase.
Respectfully submitted
Charles H. Spaulding
Arthur L. Blodgett
Timothy H. OConnor
Henry A.C. Woodward
Fred Larcom
Arthur C. Whitney
George A. Warner
4
Report of Selectmen on acceptance of Shirley Street.
Town Meeting held June 10, 1911 - Article 11. See Records 1907 - page 364
Lexington Mass. June 10, 1911.
We respectfully report to the town the laying
out by us as Selectmen of a town way leading
from Bedford street, southerly from Hill street;
said way is known as Shirley street; and
we respectfuly recommend that said laying
out be accepted and allowed by vote of the
town to the end that the new way be established
as a public way.
The street, as laid out at present is forty (40)
feet in width, and four hundred and eighty
five (485) feet in length, with ten dwellings
erected thereon.
While the stret, at present time, is not built
to grade, the owner and abuttors thereon have
agreed to pay a sufficient sum to accomplish
this request.
Respectfully submitted
Frank D. Peirce | Selectmen | Frank D. Peirce | Selectmen
5
Report of Selectmen on acceptance of
Audubon Road.
Town Meeting held June 10, 1911 - Article 12.
See Records 1907 - page 364
Lexington Mass. June 10, 1911.
We respectfully report to the town the laying out
by us as Selectmen of a town way leading from
Massachusetts Ave., Concord Hill, to Lincoln St.;
said way is known as Audubon Road, and we
respectfully recommend that said laying out be
accepted and allowed by vote of the town to the
end that the new way be established as a public
way.
The street as laid out at present time is
forty (40) feet in width and six hunded and
twenty one (621) feet in length, and five houses
erected.
A small amount of work will have to be
done to bring the street to grade, and satisfactory
arrangements have been made with the owners
and abuttors to do this.
Frank D. Peirce | Selectmen
H.A.C. Woodward | of
W.H. Whitaker | Lexington.
6
Report of Selectmen on acceptance of
Edgewood Road.
Town Meeting held Jany. 17, 1911 Article 3.
See record 1907 Page 306
July 1, 1911
In accordance with a vote passed under Art. 3
at a Town meeting held on January 17, 1911,
at which time it was voted, "that Edgewood
Road be accepted as a public stret when laid out
and graded to the satisfaction of the Selectmen,
and properly deeded to the town," we respectfully
report that we have viewed the said street, and
found the conditions satisfactory for acceptance.
It has been properly deeded to the town, and
we hereby accept the above street as a public
way under said vote
Respectfully submitted
Frank D. Peirce | Selectmen
Henry A.C. Woodward | of
W.H. Whitaker | Lexington.
A true copy of the report
Attest
Chas. W. Swan
Town Clerk.
See Records of Selectmen
Book 1911 - Page 52
7
On taking of land at East Lexington for
a location for a New School House.
Report of Committee - Submitted Sep. 15, 1911.
See Town Records of 1907 - page 373
Lexington Sep. 14, 1911.
To the Citizens of Lexington.
The committee appointed under our article in
the warrant for a town meeting held April 29, 1911, to
investigate and report to the town in referece to a suitable
location, and plans for a new grammar school building
to be located in East Lexington, respectfully submit
their first report as to a location.
The Committee after viewing several locations were
of unanimous opinion that the tract of land in the
rear and adjoining the property of the Follen Church
and property of the town on which stands the Stone
Building was the most suitable for the purposes desired,
and immediately took steps to secure an option of the same.
Owing to the unfortunate illness of the owner, Miss
Ellen A. Stone, much delay has been encountered.
Finally, after several interviews with Miss Stone and her
agent Mr Wm. H. Ballard, a price meeting the approval
of the committee has not been obtained, and we therefor
now recommend that a taking in fee as provided in
Sec. 47-48 and 49 - Chapter 25 of the Revised Laws be
made under Articles 5 and 6 of the Town Warrant for
a meeting to be held Sept. 15, 1911.
Dwight F. Kilgour
Abram C. Washburn
Frederick G. Jones
Frank D. Peirce
Four of the Committee
A true copy of the Report
Attest
Chas. W. Swan
Town Clerk.
8
Report of the Selectmen on acceptance of
Hayes Avenue and Somerset Road
At Town Meeting held October 19, 1911. Article 4.
See Records 1907 Page 390
Lexington, Mass. Oct. 11, 1911
The Selectmen respectfully report to the town the
laying out by them as public streets or ways,
the same being known as Hayes Avenue and
Somerset Road. Each of these streets is laid
out to a width of fifty feet.
Hayes Ave. leading from Hancock St. near
the residence of Edward C. Graces, runs in a
easterly by northeasterly direction, across land now
or late of the Hayes estate, for a distance of
approximately 1375 feet to Merriam St.
Somerset Road leads from Hayes Avenue
about 350 feet from Hancock St, also across the
Hayes estate, in a southwesterly by southeasterly direction
to Merriam St., a distance of about 1490 feet.
Near it junction with Hayes Ave. it divides and presses
rount on either side, and oval parcel of land, or might
be classed as a small park, this we are told by one
of the trustees of the property will be deeded to the town
when the street becomes a town way, and we ask that
it become a part of this layout. These streets pass
through property which is being developed into a fine res-
idential section of the town, they have been practically
constructged to grade, and in our opinion will be of no
material expense for some time.
We therefore respectfully recommend that said layout
be accepted and allowed by a vote of the town, to the
end that the new ways be established as public ways.
A true copy
Attest, Chas. W. Swan
Town Clerk.
------------------------------------------------
9
New School House in East Lexington
Report of Committee on building site.
At Town Meeting held Oct. 19, 1911. - Article 6.
See Records 1907 Page 391
Lexington, October 19, 1911.
The committee apppointed for the purpose of investigating
and reporting to the Town in reference to a suitable
location and plans for a new School building in
East Lexington beg leave to further report as follows:-
Acting under the vote of the Town at the
Town meeting held Sep. 15, 1911 - "that it is the
sense of the meeting that the committee investigate
and consider the matter of a proper approval to the
proposed school lot," the committee wish to recommend
that the Town purchase in addition to the land which
was voted to be taken in fee at the Town meeting held
Sept. 15, 1911, the land and buildings known as the
Garmon estate and a triangular piece of land in the
rear of said Garmon estate and adjoining the former
proposed school house lot.
To that end the committee have secured an
option on the entire property considered and present
that option with this report.
Respectfully submitted
J.O. Richards
Dwight F. Kilgour
Frank D. Peirce
Frederick G. Jones
Abram C. Washburn
A true copy.
Attest,
Chas. W. Swan
Town Clerk.
10
1912
New Cemetery, Report of Committee
Submitted to the town at a meeting held Jany. 24, 1912.
See Town Records, Vol [blank] page 409.
Accepted as a report of progress.
The committee appointed to consider the needs of the
town for additional cemetery accommodations has given
careful attention to its duty and reports as follows.
The town has urgent need of a new cemetery
at once, as not a lot remains in the present cemetery,
while several of our citizens desire to purchase burial
lots in Lexington The present cemetery
contains about five acres, divided into 500 lots besides
the drives and walks and some single graves.
The Catholics of our town have never possessed
a cemetery and yet it seems desirable that they have
an opportunity to bury their dead within our borders,
and this committee has taken the matter into con-
sideration.
It seems advantageous to have a cemetery so located
that it will be as available as possible at all
seasons of the year and to all persons desiring to visit
the place and yet due consideration must be given to
land valuation and the development of residential areas
to increase our taxable property.
The soil must be dry, no so gavely or crumbly
as to cave easily when a grave is dug, free from large
rocks and of sufficient fertility to maintain a fair
growth of grass. For a town like Lexington,
it seems as though a cemetery should possess some of
the natural beauty as apparant in ou landscapes and
along our highways.
The natural attractiveness is more satisfying, more
permanent and more to be desired than a locality
requiring artificial construction. In making a
study of the several available location, this committee
11
has been greatly aided by the services of Olmsted Brothers,
Landscape Architects, represented by Mr. Percival Gallagher,
a member of the firm. Probably this firm stands
at the head of Landscape Architects in this country.
Further than bring an artist of skill and exptensive
experience, Mr. Gallagher was entirely free from all
local prejudice and narrowness of consideration.
Besides the estates in front of the present
cemetery, the committee accompanied by Mr. Gallagher
visited and carefully considered five (5) different
locations. Some of these places were visited
several times. Because some of our citizens have
advised the purchase of one or more of the estates
on Mass. Ave., in front of the present cemetery, this
committee has given attention to the proposal.
The John D. Bacon property contains 79000 ft of
land assessed at $8350.
Buildings 5350
----------
Total $13700
The Wm. E. Harmon property contains 38360 ft.
of land assessed at $3240
Buildings 2200
----------
Total $5440
The Timothy H. Brown estate has 43560
feet of land assessed at $2770
Buildings 1300
----------
Total $4070
The F.E. Tufts property has 49010 Ft. of
land assessed at $3920
Buildings 3100
----------
$7020
The total area of the four properties is 4 8/10 acres.
The assess valuation is, land $18280
buildings 11950
----------
Total $30230
Some of the land included in these estates is
too low to be available without considerable
filling - may be 1/5 of the entire area.
12
The town can hardly expect to obtain property for
less than the assessed valuation for purposes of
taxation. Allowing all that could be recovered
from the sale of buildings these four estates fur-
nishing about four acres of available land would
cost not less than $25000.00, or more than 6000.00
per acre. Besides the unwarranted expense
there are objections more or less valid to extending
the cemetery forward with so great a frontage
on Mass. Ave., and this committee advises unanimously
against the purchase of any of these estates.
After considering all lands suitable and
available for cemetery purposes, the committee
unanimously recommends the purchase of the
Herbert V. Smith farm on Adams St. now
occupied by Mr. Smith. It is pleasantly
situation, easily available at all seasons of the year,
one and one half miles from the center village on
a good road, and has a soil well suited to the
needs with very little waste area. The land is
assessed at $2750
Buildings 2500
Total $5250
Here are 42 acres which can be
easily developed at a minimum expense and which
will be a credit and satisfaction to our town.
It ought to cost not over $400 or $500 per acre
when ready to sell lots and at the same rate as lots
have been sold in the old cemetery - which prices
is considered low - it will pay the town about $4000
per acre.
Considering the very urgent needs and
the fact that in the end it will pay for itself
many times over, the town should take steps at
once to make this one of the most beautiful
cemeteries in greater Boston.
Vine Brook crosses the land and will not only
add greatly to the natural attractiveness of the
13
place but will furnish an abundant supply of water,
so essential to the good appearance of a cemetery.
The property should be surveyed and exact
plans for a harmonious development should be
adopted at the start, but it is not advisable to
try to develop the whole at present.
It can be maintained more easily and cheaply
undeveloped except as needed.
It is large enough to serve the needs of the
town - Catholics and Protestants alike - for many years
while an equal area so suitable for the purpose will
be very hard to find in years to come.
Mr. Smith could hardly be expected to make public
his lowest price for the property until the town
shows its decision to purchase. On the other
hand a town has authority to take land for cemetery
purposes and provisions for determining the price are
provided for by our statutes.
It is hoped and expected that a satisfactory
purchase can be made by the town in terms
mutually acceptable.
The committee recommends the purchase of
the whole of the Herbert V. Smith property of
about 42 acres of land with buildings located on
Adams St. And it is the judgment of this committee
that eight thousand dollars ($8000) is a fair price
for the same.
As a second choice, the committee would
advise the land of Howard M. Munroe on
the corner of Lowell and Woburn Sts.
where Scotland school house (so called)
formerly stood.
This land can be laid out to
advantage with little if any waste area.
It is available and the soil is good for the purpose.
The Munroe farm contains 100 1/2 acres
of land assessed at $7790 (about $78 per acre or
less than 1/5 cent per foot)
14
It lacks many of the natural advantages of the
Smith farm and it is the firm belief of this
committee that it could never be made as
beautiful and satisifying as the Smith farm.
Patrick F. Dacey
Charles G. Kauffmann
William C. Stickel
Arthur A. Marshall
Fred S. Piper
Com. on New Cemetery
by Fred S. Piper, Chairman
Lexington
Jany 24, 1912
A true copy of the Report,
Attest
Chas. W. Swan
Town Clerk
15
New School House at East Lexington
Report of Committee
Submitted Apr. 24 1912
See Town Records, Vol. 13, Page 446,
To the Inhabitants of Lexington --
The Committee appointed by vote of the
Town April 29, 1911, to secure a site and pro-
cure plans for a new school house at East
Lexington, beg to make the following report: -
After careful consideration of every available
piece of land in East Lexington, the committee
finally recommended to the Town that the
piece of land in the rear of Fallow Church
and Emerson Hall and attending to the railroad,
be procured for a school-house site.
This was done by vote of the Town on Sept 15, 1911.
At this Town meeting, the committee was
instructed to secure if possible, better means of
entrance to the proposed school-house lot than
that which has been selected.
The committee recommended that the so
called Garmon estate, which is between Emerson
Hall and the brick store, be procured and added
to the school-house lot. This was done by
vote of the Town on Oct. 19, 1911.
The school-house site being decided upon,
the committee then proceeded to secure plans
for a new building.
We first considred the present needs of
East Lexington in reference to a school building
and then the probable needs within the next
eight or ten years. The present building of
four rooms is over-crowded and an additional
school room is in use at Emerson Hall.
The committee were informed by the school
authorities that without doubt it will be
16
necessary to occupy six rooms of the new buil-
ding within a year from the present time and
if the present growth of East Lexington con-
tinues, the entire eight rooms will be necessary
within five years. This advice convinced the
committee that it was wise to recommend a
building of at least eight (8) rooms which should
be so constructed as to allow for an addition of
four rooms at some future time, without inter-
fering with the architecture of the original
building.
The committee thought it wise, to secure
the services of a practical experienced architect,
who should act as a professional advisor to
the committee. His duties were to assist in
the selection of an architect, to examine the
plans submitted and to approve the specifica-
tions in detail. We were fortunate in
being able to secure the services of Mr. R. Clipston
Stearns of Boston who is without doubt the
highest authority on school-house construction
in this section of the country.
Under his direction we held a competitive
examination, in which six architects competed
and as a result of this competition, the firm
of Brainerd & Leeds of Boston was selected.
Upon the assurance of our advisor that the
initial cost of a practically fire-proof construction
would be but a matter of 5 to 7% in excess of
the cost of a second-class construction and
that the saving in the cost of the up-keep of such
a building would, within two years equal the
extra cost in the beginning, we have planned
for a very nearly fire-proof building.
We show with this report the basement,
first and second floor plans of the proposed
building.
The basement and first floor are fire-
17
proof with the exception of the minor partitions
in the class rooms, which form the wardrobes.
The walls of the Assembly Hall are entirely of
brick. The floor of the corridor of the
second story, and the stair ways are fire-proof but
the corridor walls on the class room side are con-
structed with wooden studs and metal laths.
This form of construction will prevent any fire
from the basement working up through the
buiding. It will prevent any fire in the
Assembly Hall from working into the rest of the
building. With this precaution and with
the stairways of iron it would seem that the
building is as nearly fire-proof as is necessary.
The front entrance of the building faces towards
Massachusetts Avenue. This will give a south and west
exposure to the class rooms insuring sunlight at some
part of the day in each class-room. The preliminary
drawings, and out-line specification have been
submitted to three (3) contractors and an approximate
price askedfor. Basing our opinion upon
their judgment we believe that this building
can be erected including heat, plumbing, electrical
construction and fixtures, architect's and engineer's
commission and incidental expenses for $55,000.00
this cost exclusive of finished grading and
furnishings.
Respectfully submitted.
J.O. Richards
A.C Washburn
F.G. Jones
Frank D. Peirce
Dwight F. Kilgour
A true copy
Attest: Charles W. Swan
Town Clerk.
18
Swimming Pool and Playgrounds
Report of Committee
Submitted March 25, 1912
See Town Records, Vol. 13, page 438.
The financial part of the report of the Swimming
Pool and Play-ground Committee is given in the Town Report.
The location of the "swimming-hole" was not
an easy matter. The only place with suitable
soil, and sufficient fall of water on the Town land
was found back of the ball-ground. Several
hundred cubic yard of loam and sand were removed
and used in grading the rear and side of
adjoining ball-ground. A dam was built and a
pool some 100 feet long 40 feet wide was made with
a depth of water in the deepest place of 3 1/2 feet
to 4 feet.
A drain was laid between the two fields adjoining
and the ditch filled with soil from the pool.
A portion of the field was plowed and levelled by
the same means. Altho the bottom of the swimming
pool was soon covered again with some of the black
soil washed down by the brook, yet we firmly
believe the Town received the value of every cent spent
upon it, for many boys and girls learned to swim
there and then went to the deep pool at the Pump-
ing Station.
It was decided by the committee to open the
supply basin for a deep swimming pool for the
older swimmers. The covered top was removed to
let in the sun and air, the piers thrown down,
a rail and platform built, and everything possible
to insure safety was done. The adjoining buildings
made good rooms for dressing, and the pool was
enjoyed by many during the summer and late
into the fall.
Your committee thinks this pool cold be
easily enlarged with a concrete addition on one
19
side where the younger ones could learn to swim,
and then join the older ones in the deep pool
beyond. A great advantage of this would be
the combination of the swimming places, the use
of the brick building for bath lockers, and more
than anything else allow for supervision by some
on appointed for that work. Rules and
regulations for bathers, and times for boys and
girls and others could be provided in order to
preserve order and propriety.
The present diamond on the ball-ground is
badly located and should be moved over on to
the next field. In fact, the present ball-ground
should be laid out so that several games could
be going on at the same time. There are enough
boys for several diamonds and all should have a
chance. Part of the present grounds should also
be laid out for tennis courts, places for jumping,
vaulting, running, hurling of shot, etc., with a
running track all the way round the two fields.
Roads through this property connecting with the
several streets on both sides of the meadow also
shold be laid out and gradually buit up of
the ashes and dirt collected from the Town.
Trees and shrubs would follow and shortly the
meadow would become a glorious playground and
park.
To aid in the play ground movement many
citizens of the Town have shown an interest by
offering their services.
Mrs. Willard Brown has given sketches and
plans for a grand-stand with an overhanging
top, provided with lockers underneath and sanitary
arrangements for the use of the ball-players
and other participants in athletic grmes.
Mr. Jones, a member of the committee,
contributed a drinking fountain for the ball-
ground. This was connected and set up by
the generous action of the Water Department of
20
the Town.
Mr. Cutter did extra work in getting surveys
for the use of the Committee, and no doubt
many others will in the future help with money
and gifts to improve this property until it becomes
a possession for Lexington to be proud of.
The thanks for the Town should be extended
to these citizens.
Mr. Glass kindly permitted putting a
water-pipe through his land to the ballground.
Your Committee recognized at the very outset
the tremendous task of digging a hole of sufficient
size to bear with any degree of dignity the name
of a swimming-pool, or of laying out and im-
proving the ball ground sufficiently to satisfy
all parties. The difficulties of the grounds
for both objects, worthy as they are, the many
factors of soil, water-supply and draining, leveling
and fencing, together with the complaints of the
adjoining citizens of encroachments of the public,
forced your Committee to a general consideration of
a far greater subject than the mere objects for
which they had been appointed.
Especially was this true when it became known
to the Committee that in the future there might
be large additions to these prospective pleasure
grounds from an adjoining estate.
We can only hint at the great natural
advantages of this tract of land, the meadow
with the upper reservoir of several acres for
swimming in summer and skating in winter,
the Vine brook with its natural curving course
and supply from wells for the deep swimming
pool, the open swimming pool for beginners,
the low land that can be flooded in winter
for skating, the expanse of meadow with its
grass, and woods beyond are some of the
attractions offered.
The prospect of Lexington possessing, in
21
the near future, grounds for the pleasure of its
citizens, for all times, unsurpassed by any town
in the State, impressed upon your committee the
necessity of planning largely, wisely and well.
Therefore to aid in this work, your committee
sought the assistance of Mr. John Nolen of Cam-
bridge, well known the world over for his City
and Town planning, as well as playgrounds and
parks. With him your committee on many
occasions tramped over the ground already owned
by the Town and the prospective additions.
Mr. Nolen was much impressed with the advantages
of the many possibilities of the brook, springs, supply
basin and reservoir springs, for play grounds for
Lexington children, and grounds for athletic
sports and recreation of its citizens.
Every one with eye half open to the signs of
the times, must recognize the great movement,
world wide, towards the acquisition by Towns,
by gifts of private individuals, by Schools and
Colleges and [illegible] corporations, of tracts of
land for sports and recreation.
The day of all work and no play has passed.
To make healthy children is the demand of the
present day and in no better way can this be
done than by giving the children public grounds.
The great work going on to eradicate tuber-
culosis has shown the one great remedy to be fresh
air. It is the medicine for the adult as well
as the child. Open air schools, fresh air rooms,
and public play grounds are all needed for the
strenghtening and broadening of forces for
improving the condition of child life.
The public must be educated to see the reason
for this and to insist upon it.
In a letter written for another town on this
same subject, Mr. Nolen says:
"We are surprised that many individuals fail
to realize the advantages of play-grounds. The
22
movement for playgrounds in an attempt to
give children and others certain rights and privileges
formerly enjoyed when the country was less thickly
peopled and woods and fields less covered with
and surrounded by barbed wire, but now lost.
The child cannot enjoy its perfect childhood with-
out games and play. Play grounds are necessary
to make children happy, and happiness is one
of the legitimate needs of young life.
Playgrounds are a contribution to health.
We read (and hear) in the paper and from the
platform of the loss to the State by the waste
of life, and a greater part of this is due to lack
of fresh air and an opportunity for deep breathing."
"Another reason for play grounds is the
necessity for preparation for adult life.
To be a man in any complete sense, one must
live the natural, free, joyous life of the boy
or girl."
Mr. Malcolm Gordon of St. Paul's school
says:
"If play is the inalienable right of the
child, he shold be given the chance to play
and he must be taught to play in such a
way as to develop in him the qualities of
leadership and manliness."
Many citizens speak of the expense
of these matters. It is true, to prepare
the ground, erect the buildings, provide
the apparatus, will cost considerably.
But this is no more than other
improvements cost in good roads, sidewalks
and other public work.
We are convinced that these improvements for
chances to play will pay for themselves in the
increased health of the children using them
as well as furnishing attractions for people
seeking homes in our Town.
23
Therefore your committee recommends the
appropriation of one thousand dollars for the
continuance of the work begun; and also the
passage of the articles adopting the Park Act
so called.
F.L. Emery
Chas. H. Bugbee
A.E. Scott
J.O. Tilton
24
Fire Apparatus
Report of Committee
Submitted June 29,1912
Town Records, Vol 13, Page 447
June 29,1912
The Committee appointed by the Town Moderator
to investigate and report back to the Town
the condition of the Steam Fire Engine and recommend
any necessary changes, organized with W.S. Scammon
as Chairman, and F.H. Moulton, clerk.
Your committee respectfully beg to report that a
number of meetings were held and all matters per-
taining to the question carefully considered from every
standpoint. The committee bearing in mind at
all times the necessity of the most rigid economy
being practiced.
As has been reported at a previous Town Meeting,
the Steam Fire Engine now on hand has been condemned
by the Inspector of Boilers, after Sept.1st, 1912, and
at the present time the Inspector has ordered the
boiler steam pressure reduced from 115 lb to 90 lbs.
The boiler now has three plugged tubes, and all
tubes are more or less pitted and have been caulked
so often that they are in an extremely thin condition,
and we consider the boiler practically unsafe to
operate. If the present piece of apparatus
is kept in service it will be necessary to com-
pletely overhaul the Engine, install a new boiler,
and rebuild the pumps.
The Committee believes that the exhibition given
by the old Steamer at the recent fire that de-
stroyed the barn on Forest St. must have demon-
strated to the citizens of Lexington that some
immediate action be taken.
The Steamer can be put into good servicable
condition for about $2500.00
25
Your committee next considered the proposition of a
new second-class Steam Fire Engine, which can
be purchased for about $5000.00. We next took
under consideration the advisability of the purchase
of a Triple Combination Automobile Fire Pump,
Chemical Engine, and Hose Wagon. The last
proposition we decided was the most advisable for
the Town, and we have rejected the two previous
propositions that we so carefully considered for the
following reasons, which were taken from the 1911
Town Report relating to the expense of maintaining
the apparatus now in service in your Fire
Department.
Hay, Grain, etc. $1162.40
Shoeing 291.40
Veterinary 63.40
Harness, repairs 29.55
------------------------------------------
1546.75
This kept seven horses for the year at an average
cost of $220.96 per horse.
Should an autmobile pump be purchased and
the horse drawn apparatus be done away with, an
initial saving on the maintenance of the fire
horses now in the Dept. would amount to $1104.80
per year.
The cost of maintaining the Auto Chemical now in
service has been as follows for five months:
65 Gallons of gasoline at 15¢ $9.75
6 " " oil " 50¢ 3.00
or a total of $12.75, or at the rate of $30.60
per year.
We consider it worthy of consideration, and
desire to call the attention of the citiens to the
fact that the Auto Chemical has been run on
the above expense 100 miles, of which 44 were
practice, and 56 miles of actual service responding
to alarms.
Inasmuch as the members of the Fire Department
are now familiar with the operation of the
26
apparatus, we consider it safe to assume that
the operating expense in the future will average
considerably less than the figures for the past
five months show, as there will be less practice.
Should the Town purchase a triple combination
pump, hose, and chemical, we would
dispose of the steamer at the Central Station,
Chemical Engine and Hose Wagon at East Lexington,
and therefore save the Town the cost of keeping
the five horses to the amount of $1104.80
per year. Deduct the estimated cost of
maintaining the suggested auto apparatus, amounting
to $30.60, and a net saving of $1074.20 per
year results.
Your committee is satisfied that the Auto
Rotary Pump is in a state of servicable perfection
and can be depended on to render effective service
at all times, and your Committee is unanimous
in recommending to the Town the purchase of
an Auto Triple Combination to be placed in the
service of the Fire Department.
Signed
W. S. Scammon
F. H. Moulton
George H Childs.
A true copy of the report.
Attest:
Charles W. Swan
Town Clerk.
27
Berwick Road.
Report of Selectmen on acceptance of.
Lexington Oct. 9. 1912.
We respectfully report to the town the laying out
by us as Selectmen of a town way leading from
Hayes Avenue, near the residence of Edward C.
Sawyer, across property now or late of the
Hayes Estate, to Merriam St; and known as
Berwick Road.
Said way is laid out to a width of
fifty (50) feet, and about five hundred and ninety
(590) feet in length leading in a northeasterly
direction from Hayes Ave.; it is completed to
grade with the exception of a small portion near
Merriam St, and a satisfactory amount has
been pledged to finish the work.
We therefor respectfully recommend that said
layout be accepted and allowed by vote of the
town, to the end that the street be established
as a public way
Frank D. Peirce
George H. Childs
Edward P. Bliss
Selectmen
A true copy of the report
Attest
Charles W. Swan - Town Clerk
See Town Records - Vol. 13 page 503
" Street Acceptances " 1 " 161
" File #100
28
1912
Slocum Road,
Report of Selectmen on acceptance of,
Lexington, Oct. 9, 1912.
The Selectmen respectfully report to the Town
the laying out by them as a public way a
street leading from Massachusetts Ave. opposite the
High School building across the estate of the Heirs
of Lewis Hunt and known as Slocum Road.
Said way is practically completed to a
grade accepted by the Board of Survey; it is
forty (40) feet in width, leading from said avenue
in a Southwesterly direction for a distance of about
one thousand and twenty-five (1025) feet to a
proposed extension of Highland avenue:
A concrete side walk has been constructed on the
Northwesterly side for a portion of the distance,
and we recommend that the Hunt Estate be
re-imbursed for one-half the expense thereof by
the Town.
We therefor respectfully recommend that said
layout be accepted and allowed by vote of the
Town, to the end that the street be established
as a public way.
Frank D. Peirce
George H. Childs
Edward P. Bliss
Selectmen
A true copy,
Attest Charles W. Swan, Town Clerk
See Town Records Vol 13 page 506
" Street Acceptance " 1 " 162
" File #100
29
1912
Brooks - report of committee chosen Apr 24. 1912
in lowering of, for better surace drainage.
Oct. 7, 1912.
To the Citizens of Lexington,
At the last Town Meeting a committee was appointed
to investigate the best method of draining the low lands
situated near the more thickly settled portions of the
Town. The committee consist of the Board of
Selectmen, the Board of Water and Sewer Commissioners
and a member of the Board of Health.
The vote making the appointment required that the
matter should be investigated, and a report presented
at a later Town Meeting.
The committee herewith reports that they have
looked over the wet area in company with a civil
engineer and have come to a conclusion as to what
should be done.
Chapter 504 of the Acts of 1907, this being the original
Lexington Sewerage Act, (although it has been several
times amended) empowers the Board of Water and
Sewer Commissioners to deepen, widen, and
straighten water courses, and to remove obstructions
therefrom within the limits of the Town.
This Act also confers the right to take by
eminent domain lands, or interests in lands, necessary
for this purpose.
The work required for draining the territory
referred to consists in improving existing brooks
or drains, which have, at times been in better
condition that at present, so that the general
level of the water shall be lowered.
The brooks are Vine Brook and the brook sometimes
called Bound Brook, which crosses Bedford
Street twice, first just north of the Common,
and again at some distance from it.
The worst sections to be improved are those
30
1912.
which are drained by Vine Brook, and by a
small brook at East Lexington.
The former includes a large area between Mass-
achusetts Avenue and Middle St. on both sides of
Waltham St., and a large area bounded in a
general way by Massachusetts Ave., Woburn St.,
Lowell St., East St., and Grant St. It, in
fact, extends north of East St., and finally drains
into the Shawsheen River. The latter area is
in very bad condition. The brook which is referred
to as crossing Bedford St. drains land between
Massachusetts Ave., and Lincoln St., near their
intersection, and on both sides of Bedford St.
The brook also discharges into the Shawsheen River.
At East Lexington the area near the intersection of
Massachusetts Avenue and Pleasant St., and extending
to the Boston and Maine Railroad needs draining
as much as the other, and the condition of both
is menacing to the public health.
Mr. Robert P. Clapp has looked up the history of
the treatment of these brooks for the Committee, and
has found an account of it in the Town Report
published in January 1879, and in others of
earlier dates. In 1872 or 1873 a special com-
mittee was appointed for the purpose of draining
the wet lands, then referred to as the North
Meadows and South Meadows on the ground
"That it would naturally tend to the health of
the place, greatly improve the meadows themselves
and render suitable for building purposes a broad
belt of land on the margin of these meadows near
the village, which is now too wet for dwelling
houses." The committees suggestions were approved,
and the selectmen were authorized to petition the
Legislature "for authority to drain the meadows on
each side of the village by lowering the channel
of Vine Brook and the stream emptying into
the Shawsheen."
31
1912
Therefore there was a time when the condition of
the meadows was better than it is now and the
present Committee is desirous of improving the
present state of affairs. For this reason they
have inserted an article in the warrant for this
meeting relating to it, and are offering a vote
to provide $600.00 for a survey to determine what
shall be done, and our estimate of the cost of
the work. After this is completed the
Committee will make a further report.
Respectfully submitted,
Frank D. Peirce
Edward P. Bliss
George H. Childs
Francis W. Dean
Dwight F. Kilgour
Geo. E. Briggs
A true copy,
Attest Charles W. Swan, Town Clerk
See Town Records, Vol. 13 page 504
Submitted Oct. 19, 1912
32
Belfry Hill,
Report of committee on purchase.
Submitted at a Town Meeting, Apr. 5, 1913.
See Town Records, Vol. 14 , page 47.
The committee appointed to consider the purchase
of Belfry Hill from W.W. Ferguson begs to
report that while they are in favor of the purchase
of the property they have not been able to agree
with Mr. Ferguson as to price. The Hill,
adjoining as it does the Hancock School property
and much more available for play ground purposes
than it is for sensible building development,
should belong to the Town for the protection of its
property. This is especially so because there
appears to exist somewhere over the narrow strip of
land at its easterly end on Clarke Street near
Miss. Clara Harringtons property a right of way
which would be exceedingly troublesome and
detrimental to the School property as would surely
be the case if any building here started on the
Hill. This is one of the strongest reasons
why the committee would like to see the Town
control the Hill.
The accompanying map shows the lines
of the property bought by Mr. Ferguson containing
just over 2 acres. Mr Ferguson's house in
which he lives is so near to the line that he
bought the Hill that he might have an open
space back of his house, and in looking over the
property the Committee agreed that if purchase
could be made of Mr. Ferguson he should be
allowed to retain a strip of land back of his home
property. Furthermore, the lot of land on
which now stands the old Belfry is of such
33
character and is so situated in relation to the rest of
the School property that it does not seem essential
to the proper protection of the School property and
it would be of some little advantage to Mr.
Ferguson. It has therefore seemed to the com-
mittee sensible to recommend that this land be
conveyed to Mr. Ferguson in partial exchange for
the Hill property. The mistake was made
that in the summer of 1911 when the Rindge
Estate wanted to sell the Hill for $1500 it was
not purchased for the Town.
Referring again to the plan herewith, it
will be noted that of the 95130 feet bought by
Mr. Ferguson he wishes to retain for his back
yard 6825 feet, and the transfer to him of the
Belfry lot, 6879 feet, would leave a net purchase
if consummated by the Town of 79626 square
feet. For this net amount of land the
committee is unwilling to recommend the payment
to Mr. Ferguson of over $2000 while Mr.
Ferguson's lowest figure has been $2250.
We wish to say that Mr. Fergu-
son has held the property open since he
secured his deeds last October that the town
might consider its purchase.
It is for the Town to decide whether the property
shall be bought, and what it considers a fair price.
The committee hopes that if the Town votes to adopt
its recommendations Mr. Ferguson will meet the views
expressed by the voters of the Town. In addition to
the purchase price for the land the Committee recommends
that the Town meet the expense of fencing and surveying,
amounting to about $150.
Respectfully submitted
A.E. Locke.
Frank D. Peirce
Henry S. Raymond.
34
Town Engineer
Report of Committee.
Submitted at a town meeting, Jan. 10, 1914
Town Records, Vol. 14 Page 155
Lexington Jany. 8, 1914
Report of Committee on Town Engineer.
The Committee met and organized as follows:-
Howard S.O. Nichols, Clerk,
George H. Childs, Chairman.
Numerous meetings were held, and a sub com-
mittee elected to investigate what amount was appro-
priated for engineering departments, and salary paid
to engineers in many of the nearby towns.
After carefully considering the subject of
a Town Engineer the committee were unanimous
in their opinion that Lexington should engage
an engineer, and therefore recommended that the
Chairman of Selectmen, Charman of Sewer and
Water Boards, together with the Chairman of the
Board of Assessors constitute a Committee with
power to appoint a Town Engineer and that the
matter of salary of engineer be left with said
committee, engineer to hold office until April 1st
1915, and each succeeding year the Chairman of
the three Boards above named shall, in the month
of March, or until otherwise provided by vote of
the Town appoint an engineer whose term of
office shall be for one year beginning April 1st
following date of the appointment.
Said Engineer to be under the super-
vision of the Board of Selectmen.
Your committee estimate the expense
of this appointment for the first year to be about
35
1914
$3000.00 and recommend this amount be appro-
priated and assessed.
George H. Childs
Frank D. Peirce
Edward W. Taylor
A.O. Tenney } Committee
Ernest K. Ballard
W.C. Stickel
George H. Jackson
A true copy,
Attest:
Charles W. Swan
Town Clerk
Note - A motion to accept this report and adopt the
recommendations was defeated by vote of the
meeting, and the question was not brought
up under Art 6 in the warrant.
36
1914
Report of Committee chosen
March 17, 1914, to consider the subject of a
Finance Committee.
December 1, 1913
To the Citizens of the Town of Lexington:
The undersigned, appointed on March 17,
1913, as a committee "to consider the subject
of a Finance Committee" and report to the
Town at a subsequent meeting, have, after
careful discussion and consideration of the subject
at several different meetings, reached conclusions
in which all the members of the committee
concur, and the same are now embodied in this
report.
The vote by which the present Finance
Committee was created, passed March 22, 1909,
is in the following terms: -
Voted, That until the town shall otherwise
by vote provide, a Finance Committee composed
of twenty-one citizens exclusive of the Moderator,
be appointed by the Moderator to consider and
report to the town from time to time on matters
relating to the financial and business interests
of the town and especially to consider and
report to the town at all meetings upon matters
carrying the appropriation of money; one-third
of said committee to be appointed to serve for one
year, one-third for two years, and one-third
for three years, the places of retiring members
to be filled annually by appointment for a term
of three years by the Moderator of the March
town meeting.
And Voted, further, that the Moderator of the
March town meeting in each year be a member
of said Finance Committee for the following year.
37
1914.
At that time there was no law in relation to the
appointment of such committees in towns; but
in 1910 the Legislature passed an Act (Chap. 130),
Section 1 of which is as follows:
"Section 1. A town may by by-laws provide
for the appointment and duties of advisory or
financial committees, who may consider any or
all municipal questions for the purpose of
making reports or recommendation to the town;
and such by-laws may provide that committees
so appointed may continue in office for a term
or terms not exceeding three years from the date
of their appointment."
Your committee recommends that, in lieu
of the above mentioned vote, a by-law be adopted
covering the subject which shall provide for the
appointment of a committe of fifteen instead of
twenty-one, and place the power of appointment,
not in any one person, but in what may be
termed an appointing board, consisting of the
moderator, the chairman of the selectmen, and
the chairman of the finance committee.
Accordingly, a by-law in the following terms
is suggested for adoption:
Article Finance Committee.
Section 1 From and after the annual
town meeting in 1914 there shall be an advisory
committee, to be known as the Finance Committee,
consisting of fifteen members and appointed in
the manner hereinafter provided. The terms
of office of five members shall expire each year,
but all or any retiring members may be reappointed.
In 1914 five members shall be appointed
for the term of one year, five for two years, and
five for three years; and each succeeding year
five members shall be appointed for the term
of three years.
38
1914.
Section 2. The town moderator, the
chairman of the board of selectmen, and the
chairman of the finance committee at any given
time shall constitute an appointing board.
They shall, directly after each annual
town meeting, make the necessary appointments,
and any vacancies from time to time arising
in the committee shall be filled by such board.
If at the time of any appointments the
office of chairman of the committee should be
vacant, the person who last held the position
shall act as one of the appointing board.
Section 3 -- It shall be the duty of the
finance committee to consider and report to the
town from time to time on matters relating to
its financial and business interests, and especially
to consider and make recommendations concerning
matters involving the appropriation of money.
It will be observed that the section which
covers the scope of the committees duties is in
almost the idential language of that adopted
in the vote under which the present committee
is acting. There is no change in substance.
The proposed by-law is direct and simple in
its terms; and is, we think, sufficiently definite.
The by-law, if adopted and approved by the
Attorney General, will have all the force and
effect of a statute passed by the legislature; and
it should not, in our judgment, contain any
provisions in relation to procedure which might
be found unduly to tie the hands of the Town.
The provisions should be of a general
character, leaving details with respect to methods
and times of submitting reports to be determined,
as a present, by vote of the town from time to time.
It will be observed that we recommend
that any or all members whose terms expire
39
may be reappointed. There is at present no
rule prohibiting this, but it has been the invariable
custom, we believe, for no re-appontments to be
made. This, it seems to us, is a mistake, as
the practice may deprive the town of the services
of citizens who are able and willing to perform
effective service.
In some towns it is expressly provided
that no town officer elected by ballot may be a
member of the finance committee. While we
should expect that such rule ought ordinarily to
be followed in Lexington, yet it seems better not
to make any hard and fast provision on the subject,
but to leave this matter to the good judgment of
the appointing board. There might be a
case where everyone would recognize not only that
there would be no impropriety in having a par-
ticular town officer a member of the committee,
but that there would be a positive advantage in
doing so.
The question of making some provision for
public hearings was also considered, but the con-
clusion was reached that this too was a matter which
might best be left in the hands of the committee
itself. We are informed that at no time in
the past has any person desiring to present views
to the Finance Committee been excluded from a
hearing before them, and the present chairman of the
committee informs us that the public is welcome at
all hearings of the committee, though naturally not
permitted to remain when matters are considered in
executive session.
Your committee at first undertook to provide
for the gradual dovetailing, so to speak, of the
proposed committee of fifteen with the existing
committee of twenty-one. This, as will
easily be seen, would necessitate a somewhat
complicated scheme, since the numbers are
40
different, and since there are fourteen members
whose terms, under existing appointments, would
not exppire until 1915 and 1916; and on the
whole it was thought to be the simpler and
better way to provide for a fresh start in 1914.
Under the plan recommended, the present
Finance Committee continues in office until
the close of the annual town meeting in 1914,
and it will be its duty to report, as usual,
upon the financial articles in the warrant
for that meeting.
Respectfully submitted,
Edward P. Bliss
Geo. E. Briggs
George H. Childs
Robert P. Clapp
Edward H. Mara
Edward P. Merriam
Howard S.O. Nichols
Joseph P. Ryan
John F. Welch
Committee
Lexington, December 1, 1913.
A true copy,
Attest
Charles W. Swan
Town Clerk
Submitted at a Town Meeting Jany. 10, 1914.
See Town Records, Vol. 14, pages. 30, 157, 162.
41
Report of Committee chosen at the Meeting
on March 9, 1914 to consider and report on
question of Street Watering and Oiling
To the inhabitants of Lexington:
The undersigned, appointed at the adjourned
annual meeting of the town, held on Mar. 9, 1914,
a Committee to consider the matter referred to in
Article 38 of the Warrant, respectfully report as
follows:
Since 1895 certain towns have had
authority to expend money for the watering of
streets, and to assess the whole or any portion
of the cost upon the abutting estates.
The statue which authorizes such expenditure
and assessment originated in that year, 1895,
and it was to apply to towns of the requisite size
which should accept the provisions of the Act.
Lexington duly accepted them on May 25, 1895.
The town at the same time voted that
25% of the cost of watering streets should be
assessed upon the estates abutting on the streets
watered. A slight amendment, immaterial
for our purposes, was made in the statute by
the Legislatures of 1908.
In 1909, by chapter 289 of the Acts of
that year, the provisions of the law were extended
so as to include not only ordinary street watering
but also the sprinkling of streets with oil or any
liquid, and the spreading of any material suitable
for laying or preventing of dust and preserving
the surface of a street.
Following is the full text of the statue of 1909:
"An Act relative to the sprinkling of streets
with water and other liquids and materials.
Be it enacted, etcc, as follows:
Section 1. Any city or town may sprinkle or
42
1914.
spread upon its public ways, or parts thereof,
water or any liquid or material suitable for laying
or preventing dust and preserving the surface
thereof, and for sanitary purposes, and all statues
providing for watering such public ways shall
apply to the use of such liquids and materials,
including the appropriation of money, the expen-
diture thereof at the expense of the city or of the
abutters, the assessment upon abutting estates,
and the collection of such assessments and proceedings
therefor.
Section 2. This Act shall take effect upon its passage."
Under the enlarged authority it became
competent for Lexington to provide by vote that
all or any portion of the cost of street oiling or even
that of surfacing the streets with tarvia should be paid
by estates abutting upon those portions of streets
to which the oil or tarvia is applied.
The town did in effect so provide as to a
portion of the cost, so far as oiling is concerned,
by vote passed at the annual meeting in 1913.
No vote has been passed in terms extending the
scheme of assessment to the cost of applying
tarvia; but possibly the term "oiling" could be
construed as a generic term of sufficient breadth
to cover both.
The Surveyors of Highways in 1909 or 1910
began the use of oil in place of water for street
sprinkling; the report of those officers for 1910 shows
that oil instead of water was used during that
year as a dust preventative on Massachusetts
Avenue from the Arlington town line to and
around the Common; and in 1911 money was
appropriated for "Street watering and oiling."
In the annual town report for 1911 that
title appears for the first time in the published
Auditors Reports. In connection with the
43
1914.
annual appropriation made in the year 1913 for
"Street watering and oiling," it was voted
"That until the Town shall otherwise by vote
provide, the tax assessed on abutters for street
watering and oiling shall be two cents per running
front foot, and not as heretofore."
Prior to the passage of this vote the practice
was to assess abutting estates one cent per running
front foot. As shown above the town's vote
when accepting the street-watering statue in
1895 was that 25% of the cost be assessed;
but from the beginning assessments were made
on the front-foot basis, probably on the assumption
that one cent per foot would yield approximately
the requisite percentage.
For the year 1895 the cost was $1490.49,
of which one-fourth was $372.62
The assessment amounted to $420.83 - a little
in excess of that proportion of cost.
Before the use of oil began to supersede that
of water in sprinkling, the region within which
the watering was done embraced comparatively
little besides Massacusetts Avenue from the
Arlington town line to Lincoln Street; portions
of Waltham, Hancock and Bedford Streets; and
the short streets connecting with Massachusetts
Avenue near Lexington centre.
The intention, and substantially the practice,
was to assess all the abutters, other than the
churches, so far as the watering extended.
Religious, charitable, historical and educational
institutions, though exempt from general taxes,
are subject to assessment the same as individuals
in respect of taxes based upon special benefits like
that for street watering and should be assessed
therefore.
The use of oil for sprinkling, however,
has in fact out-run the district in which
44
1914
assessments are made, so that some estates outside
of the limits of assessment derive, without the
payment of any special tax, a benefit correspond-
ing to that which is enjoyed by those which are
within the assessment district and are required to
pay such tax. Moreover, on some streets, such
for example as Woburn Street, the use of tarvia
has given to the abutter, wholly at the expense
of the town, an absence of dust almost as satis-
factory as that which those who live on watered
or oiled streets enjoy. It is said by sme
that the surfacing with tarvia should be consid-
ered in a different light from that in which
oil sprinkling is regarded, since the former is
something more than a dust-layer; it is also
a preservative of roads.
The law, however, seems to put it into the
same class as oil in specifying the treatments which
may properly be made the subject of a separate tax
based on special benefits; and our own Selectmen
make no distinction, in the application of the
front-foot assessment plan, between dust laid
by one method or the other.
The facts as to the streets and sections of streets
which were oiled or coated with tarvia during the
season of 1913, and as to the physical limits
within which assessments were laid, are sub-
stantially as shown in the following schedule.
Unless otherwise indicated, the work done on the
specified street or portion of a street was oiling;
but, as will be seen in various instances, the
material applied was tarvia and not oil.
Streets and extent of oiling thereon | Extent of Assessments
Massachusetts Ave., Arlington line | All, except religious
to Lincoln Street | societies
--------------------------------------------------------------------
45
1914.
Masachusetts Ave., Lincoln St. to |
Bashian (Neville) place, | No assessments.
*Oil* and *tarvia |
Lincoln Street, Mass. Ave., to |
State Road at Five Forks, | To and including
all *tarvia* | Martha W. Curtis.
Pleasant Street, - Mass. Ave. | No assessments
to Concord Ave. |
Maple Street, to and including | All assessed
group of houses on hill, *tarvia* |
Waltham Street, *oil* to just |
beyond Forest; | Assessed to but not including
*tarvia* thence to Waltham line. | Mulliken
Merriam Street to | All, except Episcopal Church
Somerset Road | and Whitney
Oakland Street, to and including |
Mary W. Ferguson, *tarvia* | All assessed
Woburn St. to and including | No assessments
French Bros., tarvia |
Lowell St., from Maple Street | No assessments
to Arlington line, tarvia |
Hancock St., as far as Revere | To and including Whiting
| except Lex. Hist. Socy.
Adams St. from Hancock to and |
including Russell at corner of | All assessed
Merriam |
Revere St., Hancock to Bedford - No assessments.
46
Bedford St., oil as far as Lumber Co. | All, to and including
tarvia thence to State Road near | Burrill, except St. Ry. Co.
Kendall's |
Elm Street | All, except 1st Cong. Socy.
Percy Road, Bloomfield, Winthrop |
Frost, Clark, Muzzey, Parker and | All assessed.
Raymond, throughout |
Larchmont Lane, from Bedford | Assessed
to Revere Street | one side.
Thus it appears that, while prior to 1910 the extent to
which streets were watered and the limits for which
assessments were made in respect thereof were substan-
tially the same, the recent and prevailing practice is
to confirm the assessments to such sections as in the
opinion the Selectmen are just and proper.
Whether this practice is fair and equitable, all
things considered, we express no opinion; nor have
we any crisicism to make upon the Selectmen.
The matter is not an easy one to adjust to
the satisfaction of all, and we have no doubt that
those officers have acted always with proper motives
and in accordance with their best judgment.
In our opinion, however, the practice of assessing
some and not all of the owners whose lands abut
upon oiled portions of streets is not, as the votes
of the town now stand, a compliance with the
law. Such compliance would require that
so far in extent as the streets and highways are
oiled, to the same extent should run the two-cent
tax. The burden which would result from
laying this upon certain very long frontages of
property not directly connected with residences is
very likely one reason why assessments have not
been so extensive with the sections watered or oiled.
47
1914.
If in such cases the two-cents per foot tax
should be laid, the property owners would in every
case where the amount of the tax exceeded the
special benefit derived, be entitled to an abatement
such as to reduce the assessment to an amount
corresponding to the benefit.
The law authorizes abatements by the Assessors
in such cases.
That it is possible and lawful for the town,
if it desires to do so, to provide a definite section or
district within which the plan of assessing so
much per front foot shall prevail, each and every
abuttin lot paying its chare, and still do more or less
oiling or tarvia-surfacing outside of such district
wholly at the public expense, we do not doubt.
As regards the city of Boston, the statutes
expressly so provide. In the street watering case
of Sears v. Boston, reported in 173 Massachusetts
Reports, the supreme court said:
"We see no reason why the Legislature may not
authorize a city to water some of its streets at
public expense, and to assess benefits for the
watering upon abutters as it deems best. As a
result, some land owners get the benefit of watering
streets adjacent to their estates without paying for
that special benefit. But perfect equality in
the distribution of public burdens is not obtainable."
To lay out a district such that the practice
of assessing only those within it would work satis-
factory results, with oiling carried on (as we assume
it would be) not only in the district but outside
of it as well, is a problem presenting considerable
practical difficulties.
The Chairman of the Board of Selectmen has
furnished us information gathered by him as to
the way in which the subject is treated in
the following seven places:
48
*Belmont*: The town makes one general appro-
priation for highways, sidewalks and street-sprinkling,
and adds to it such amount as is yielded by an
assessment of 2 cents per running foot on abutting
land wherever streets are sprinkled or treated either
with oil or tarvia; but the town vote provided for
the assessment is said to limit the amount to that
no frontage shall pay more than $3.00, nor
any individual tax payer more than $5.00.
*Concord*" One-half of the cost of "street sprink-
ling" is separately assessed upon abutters.
*Hingham*: Apparently all cost is met out
of the general tax levy. No water used.
*Hull*: Carries everything into general
taxes. Town uses oil and tarvia only.
*Milton*: Whole cost met by general tax.
Melrose: The total cost of "watering and
oiling" met by special assessment. Rate 4¢
per foot for vacant land, and 5¢ for occupied land.
*Winchester*: For several years the whole cost
of "oiling and watering" has been paid by the town.
$6000.00 expended for the purpose last year.
The reports from these places do not always
make it clear what distinction, if any, is drawn
between oiling and coating with tarvia.
Tax Collector Earle has information that
Watertown, Brookline, Rockport, and Georgetown
severally meet the entire cost out of general taxes.
A majority of your committee are of the
opinion that no scheme of assessment can be
devised which will meet with general approval,
and that on the whole the fairest way in which to
treat the matter will be for the town to bear the
whole cost of the work done in the construction,
maintenance, care, treatment and preservation of
streets and highways, including the laying of dust,
but excluding concrete sidewalk construction, and
the majority recommends that commencing with
49
the year 1914. The practice of assessing a poart
or the whole of cost of watering, oiling, or any
liquid used on public ways at the expense of
abutting estates shall be discontinued; and that said
work shall be dne at public expense, and that a
sum sufficient to defray cost of same, shall be
appropriated and assessed, the same to be added to
and form a part of the cost of maintaining high-
ways.
George H. Jackson
Henry E. Tuttle
Frederick J. Spencer
Byron C. Earle
Robert P. Clapp
Lexington, Mar. 21, 1914.
On the above report, it was voted "that the
recommendations contained in the majority report be
accepted and adopted."
Submitted as a Town Meeting Mar. 23, 1914.
See Town Records, Vol. 14, page 191.
A true cpy of the report.
Attest.
Charles W. Swan
Town Clerk.
50
1915.
Report of the Committee on printing and distribution
of the proceedings of the 200th Anniversary.
Submitted Jany. 13, 1915 Vol. 14. page 255.
Lexington, Mass.
Jany. 9, 1915.
Mr. Moderator and Citizens:
The Committee appointed by the vote of the
town on June 25, 1914, to have charge of printing
and distributing the Proceedings and Addresses com-
memorative of the two hundredth anniversay of
the incorporation of the town make the following
report.
Five hundred copies were printed on hgih grade
paper, with paper covers, like the copy herewith, at
Riverside Press, Cambridge.
In accordance with the vote of the town, the
price of ten cents was fixed for the sale of copies
for private uses and copies were sent by mail,
with the compliments of the Town of Lexington
to the following Libraries, Institutions and Persons:--
Rev. Donald Millar
Edwin A. Bayley
James P. Prince
James P. Munroe
Rev. Edw. Cummings
Percy Mac Kaye
Samuel W. McCall
Charles W. Eliot
David S. Muzzey
Rev.Charles F. Carter
Samuel J. Elder
Rev. Charles J. Staples
Frank B. Sanborn
Pres. A.F. Lowell
Prof. A.B. Hart
Springfield Republican
Boston Herald
51
1915.
Boston Transcript
The Dial
Cary Memorial Library
Library of Congress
State of Massachusetts
Mass. Historical Society
N. H. Historical Society
Maine Historical Society
Harvard University
N. E. Hist. Geneal. Society
Boston Public Library
Boston Athanaeum
Libraries: —
Winchester Lincoln
Worcester Belmont
Springfield Watertown
Cambridge Peterboro, N. H.
Lowell Concord
Somerville Dedham
Salem Milton
Malden Natick
Medford Wellesley
Newton Newburyport
Waltham Plymouth
Brookhire Beverly
Firtchburg Hyde Park
Woburn Dartmouth, Cal.
Bedford Tufts College
Billerica Mass. Inst. Technology
Arlington Columbia University
Weston Yale University
John Hopkins Univ. Chicago University
Chicago Philadelphia
New York City Hartford, Conn.
San Francisco Providence, R. I.
Lynn Lexington Ky.
Seattle, Wash. St. Louis Mo.
Minneapolis Bostonia Society
Burlington Vt. Oxford University, England.
52
1915.
Kansas City Cleveland
Leland Stanford Wellesley, Cal
Lexington Hist. Socy. Ohio State Univ.
Portland, Maine New Oleans
Keene N. N. Concord N. N.
Acknowldgements with thanks have been received
from most of these gifts.
The expense of printing was $110.95
Distibution 3.25
Total expense $114.20
Balance unexpended $10.80
Respectfully
Barbara MacKinnon
Fred S. Piper
For Committee
53
1915
Report of Committee appointed
January 13, 1915 to investigate
and report as to the status of the triangular
park at the junction of Massachusetts Avenue
and Pleasant Street.
Submitted Feb. 10 1915 — Town Records, Vol 14, Page 262
At an adjourned Town Meeting held January 13,
1915, a resolution was presented to instruct the Park
Commissioner to remove the triangle at the corner
of Massachusetts Avenue and Pleasant Street, following
which a vote was passed to appoint a committee
to investigate as to the status of the triangle, and
that the resolution be referred to that committee.
The Committee appointed submit the following
report:—
In searching the Town Records it was
ascertained that in 1858, upon a petition of a
number of the citizens, the County Commissioners
made a relocation of the line of Pleasant Street
at the corner of Main Street, now Massachusetts
Avenue, taking and awarding damages for land
taken to the Robbins Heirs and others, and referring
to the triangle as a piece of "Common land".
In 1867 the line of Pleasant Street at
this point and beyond, was again relocated by
the County, at which time the triangle became
a part of the highway as defined by the
sidelines at that time, and damages for land
taken were awarded to Abner Stone, Francis
Brown and others.
In 1870 the town had under consideration
the installing of a new pump and watering
trough at our existing well in the triangle
which was protested against by Ellen A. Stone
as an unwarranted appropriation of private
property. In 1871 a Committee reported
54
1915
recommending that a new well be dug and a
pump and trough installed, which was the cause
of another protest from Abner and Ellen A Stone,
they claiming that the triangle was a part
of their property.
In 1872 the Selectmen, under a vote of
the town, made an investigation, the conclusion
of which was that the triangle was a part of
the highway, and in 1873 a well was dug
and a pump and trough installed at an expense
of $363.50, and was maintained and cared
for by the town for many years, while the
ground around it was cared for by the Highway
Department up to March 10, 1913, at which time
the town accepted the first fourteen sections of
Chap. 28, R. L., which relates to Public Parks
and passed a vote; "to put the Common, all
open spaces at the junction of streets, and all
other lands given to or held by the town for
park purposes, in the care and control of the
Park Commissioners."
There is no doubt in the minds of
this committee but that the triangle belongs to
the town as a part of the highway and
being an open space at the junction of streets,
was, under the vote passed March 10, 1913, with-
out doubt placed under the care and control
of the Park Commissioners.
We therefore recommend the passing of
the resolution offered January 13, 1915, which
was referred to this Committee and which reads
as follows:—
That the voters of the Town of
Lexington in meeting assembled instruct
its Park Commissioners to take such means
as are possible to secure the removal of
the triangular park together with the
55
trees thereon at the junction of
Massachusetts Avenue and Pleasant Street."
And that a copy of this Resolution be mailed
by our Town Clerk to the said Commissioners
Frank D. Peirce
Robert L. Ryder
W. R. Greeley
56
Report of Committee on Increased
School Accommodation.
Presented March 8, 1915
Town Records, Vol 14, page 280
Voted to accept and place on file.
—Report—
The Committee appointed to confer with the School
Committee and otherwise investigate the matter of
providing increased School accommodations report,
that we are somewhat disturbed by the statement
in the annual report of the School Board that
we had not made our report, which tends to the
suggestion that we have neglected our duty.
We understood that the two committees
were to act as a joint committee and that after
our work was completed we should report as a
joint Committee.
The School Committee early in the year
appointed a meeting stating it was for the purpose
of taking up "the matter which had been referred
to this Joint Committee."
This meeting was fully attended, the
Chairman of the School Board presiding.
At this meeting the matter was presented and
discussed at length. It was suggested that
perhaps the best plan for immediate relief
was to enlarge the Munroe School House and a
member of the School Committee volunteered to
try to get plans or suggestions from some architect
which would be presented at a subsequent
meeting. Attention was called to the plan
of building school houses of two rooms, for the
lowest grades, in parts of the town where most
needed.
It was intimated that members of the
Committee might visit such houses.
57
It was understood that these matters should be further
considered at the next meeting.
We have not been unmindful of our duty.
Every school room in our town has been visited
by a number of the committee and several model
school houses in other towns have been examined
both when vacant and when class work has
been going on.
We have been ready at any time to meet the
School Board and consider with them the
various plans suggested at the first meeting.
We assumed that we should be called together
in the same way that the first meeting was
called but we have heard nothing from them.
Since our appointment one of the members has
removed from town.
We think that this vacancy should
be filled and that the Committee should be
allowed further time.
Respectfully submitted
A. E. Scott
C. S. Clapham
A true copy,
Attest.
Charles W. Swan
Town Clerk.
On March 15, 1915, Arthur L. Blodgett was
appointed to fill the vacancy caused by Rev. M. J. Owens
removal from town.
58
1915.
Report of Committee to investigate certain charges
made against the Chief of Police.
Presented in town meeting March 15, 1915
Town Records, Vol. 14, page 294.
Voted, that Mr. Holmes statement be incorporated
in the report of the Committee, and that the
report be received and placed in file.
—Report—
Lexington Mass, Mar. 22, 1915.
To the citizens of Lexington in town meeting
assembled —
Your committee appointed to investigate
the charges made in open town meeting Monday
evening Mar. 12, last by F. H. Holmes against
the character of Acting Chief C. H. Franks has
attended to its duty. A hearing has been
held, the charges heard, witnesses examined all
of which resulted in the retraction of the charges
by the said F. H. Holmes.
The Committee asks that Mrs. Holmes'
written statement of retraction be made and
accepted as a part of this report and that the
committee be discharged
Geo. E. Briggs, Chairman
Edward H. Mara
Wm. P. Martin
J. O. Richards
R. L. Ryder.
See next page for Holmes statement.
59
Statement of F. H. Holmes.
To the citizens in town meeting assembled,
On last Monday evening March 15th 1915
I made certain charges in open Town Meeting
against the personal habits of acting chief Chas. H.
Franks. I spoke on the spur of the moment
with no premeditation whatever and made the
statement fully believing it was a true one.
Since that time I have had an opportunity
of investigating the charges which was not of
my own personal observation by based entirely on
reports of others to me and I learn that I
unintentionally misrepresented the incidents
referred to in my remarks.
I now want to retract all I said just as
openly as I made the charges and hereby
apologize to the Town and acting chief Franks
for my reflections on his character.
Francis H. Holmes
Lexington March 22, 1915.
A true copy of the report and statement.
Attest.
Charles W. Swan
Town Clerk
60
Town Records
Vol. 14,
Page 307
Report of Committee appointed to confer
with the School Committee and otherwise consider the
matter of increased school accommodations.
Presented at Town Meeting, June 14, 1915.
To the Citizens of Lexington: —
File #200
Your committee appointed to confer with
the School Committee and otherwise consider the
matter of increased school accommodations has given
the question its careful consideration, and calls to
your attention these conclusions and recommendations:
We find the present grade buildings filled
with pupils practically to the extent of the seating
capacity, with the exception of some of the upper
grade rooms at the new Adams building, and at
all buildings a very full present attendance in the
first and second grades, with a much increased
enrolment in prospect for September of the present
year. It is now necessary to transport
more than twenty pupils of all grades from
North Lexington to East Lexington in place of
nearer accommodation, and the present large attendance
in the first grades is provided for by a
one-session plan.
At the Munroe School it is necessary to
teach two grades in each room, with the exception
of the first and second classes, with no convenient
place for the teaching of serving and manual
training.
In our judgment immediate increased building
accommodations are necessary, and must be provided
either by a plan of progression and well-considered
construction, or in some temporary manner.
We believe in a matter of this importance the
town should consider the probable demands for
a future period and in expending its money
work to some definite plan, that will develop
a satisfactory result, and so arranged as to
61
require the expenditure of money slightly in
advance of actual demands for building
accommodations.
On this basis we unanimously recommend the
immediate addition to the Munroe building of four
rooms, and that the town secure at North Lexington
a suitable location of ample size and construct
at once on a part of the same a two or
three room structure of artistic design to be used
for the early grades, and as time shall develop
the necessity for further accommodation at this
point, construct in the same location such
accommodation as may be required.
We present herein floor plans and a sketch
of the proposed addition to the Monroe School as
developed after careful study of the problem by
Mr. William D. Brown, the architect of the present
building, also a cut of a proposed building for
the North Lexington location. All of the
proposed buildings must now, according to
provisions of our building laws, be constructed
of brick or similar materials.
As will be noted by an examination of the
plans, it is proposed to extend the Munroe
building about twelve feet on each end, and
construct two sets of two rooms on the front, not
disturbing the present entrances, offices, corridors
or stairways; the walls to be of brick and with
brick replacing the clapboards across the front,
producing a brick school building with slated
roof and of harmonious design containing ten
class rooms, two of which are so arranged as
that they may be opened into each other for
school assembly purposes.
The addition of these four rooms would
allow of two first-grade rooms, a re-arrangement
of all other grades in the building with a
single grade in each class-room, a room
62
for the teaching of serving, and a capacious
basement for manual training.
The building proposed for North Lexington
is similar to a building recently erected by the
City of Waltham to meet a like need; the construction
of this building would provide for more
than fifty of the youngest children of this section,
making it possible for them to be at home at
dinner each day, and saving to the town exceeding
six hundred dollars each year for transportation.
From figures secured by us from reliable
sources we estimate that the sum of Sixty
Thousand Dollars will be necessary to carry into
effect the project as outlined by us.
We have well considered the subject from many
angles, we believe it is the wish of every citizen of
Lexington to provide in the most efficient manner
for the education of our children, and that a
study of the problem presented will convince that
the solution offered by us will make more effective
the money now being expended for general
educational purposes. With later
construction at North Lexington and a future
addition to the new Adams School at East
Lexington, the plan will, in our judgment,
provide for our school population for a period
of some years.
Respectfully submitted,
Arthur L. Blodgett
Augustus E. Scott
Charles S. Clapham
Committee
The above plan has been developed by continual
consultation with us and we heartily and unanimously
concur in the recommendations given.
Jay O. Richards
Robert T. Ryder
Hallie C. Blake
Lexington June 1, 1915. School Committee
63
Report of Selectmen in acceptance of Summer St.
from Arlington line to Lowell Street.
Town Meeting June 14, 1915. — Vol. 14, Pg. 311.
Lexington, June 11, 1915.
The Selectmen herewith report to the Town, the
laying out by them of a new street or town way
known as Summer Street extension, about fifty (50)
feet wide beginning at a point approximately
opposite the cottage house owned by Frank W. Reed
and extending in a general southeasterly direction
to the Lexington-Arlington line, the proposed way
forming an extension into Lexington of a new
highway, about fifty feet wide, expected to be
laid out in Arlington as an extension of
Summer Street, as shown by an order of the
Selectmen dated March 16, 1915.
The Selectmen now recommend that said
laying out be accepted and allowed by vote of
the town to the end that said street or way
may be established as a public way.
Edward W. Taylor
S. Myron Lawrence
George H. Childs
Selectmen
of
Lexington
Voted that the report be accepted
and placed on file
64
Report of Selectmen recommending acceptance of
Franklin Road.
Presented at Town Meeting. June 14, 1915.
Town Records, Vol. 14. pg. 317.
Lexington June 11. 1915
The Selectmen herewith report to the town, the
laying out by them of a new street or town way
fifty (50) feet wide running from a point on
Somerset Road in an easterly and southerly
direction to Somerset Road near its junction with
Merriam Street, as shown by an order of the
Selectmen dated April 23rd, 1915.
It has been built to the grade shown on
the plan approved by the Board of Survey.
The Selectmen now recommend that said
laying out be accepted and allowed by vote of
the town to the end that said street or way
may be established as a public way to be
called Franklin Road.
Edward W. Taylor
S. Myron Lawrence
George H. Childs
Selectmen of Lexington.
Voted that the report be accepted.
65
Report of Selectmen recommending acceptance of
Vine Brook Road
Presented at Town Meeting, June 14, 1915.
Town Records, Vol. 14, page 316.
Lexington June 11, 1915.
The Selectmen herewith report to the Town,
the laying out by them of a new street or
town way forty-two (42) feet wide running
from a point on Waltham Street southeasterly
to Highland Avenue, as shown by an order
of the Selectmen dated June 11, 1915.
It has been built to the grade shown
on the plan approved by the Board of Survey.
The Selectmen now recommend that said
laying out be accepted and allowed by vote
of the town to the end that said street or way
may be established as a public way to be called
Vine Brook Road.
Edward W. Taylor
S. Myron Lawrence
George H. Childs
Selectmen
of Lexington
Voted that report be accepted.
66
Revere Street.
Report of Selectmen recommending widenings
and relocations of the street.
Submitted at Town Meeting, March 13, 1916.
Lexington, March 2, 1916.
To the Citizens of Lexington,
Under article 21 in the Warrant the
Selectmen desire to make the following report: —
The Board has found from time to
time that the bounds of many of our streets are
uncertain or unknown. In reference to
Revere Street nothing has been found in our
records going back for over one hundred years
that gives any description of the bounds of this street.
This same condition exists in connection
with other streets in the town and the Board
feels that it is its duty to take up these
various streets from time to time and establish
the bounds and ask the town to confirm its
doings so that the town and abutters may known
where the street lines are.
In the case of Rivere Street the
Selectmen gave notice and a hearing as provided
by law, and a large majority of the land
owners along the street were present.
The notice included a statement that action
taken with reference to this street would be under
the provisions of Chap. 50 of the Revised Laws
relating to the assessment of betterments.
The new lay-out shows a
street of the uniform width of forty-five
feet with rounded corners at its junction
with Bedford Street.
The Selectmen now recommend
that the alterations and widenings made by
67
the order dated January 19, 1916, be accepted
and allowed by vote of the town to the end
that said Revere Street as altered and widened
may be established as a public way.
Edward W. Taylor
George H. Childs
Selectmen of Lexington
A true copy,
attest:
Charles W. Swan
Town Clerk.
Voted that the report be accepted.
"Voted that the town hereby accepts and allows the
altering and widening of Revere Street, made by
the Selectmen by an order dated January 19, 1916,
and reported to this meeting."
68
1916.
Alms House Investigation.
Report of Committee.
Submitted at Town Meeting, Mar. 20. 1916
Lexington, Mass. Mar. 13. 1916.
"Voted, that the Chairman of the Board of Selectmen,
the Moderator, and the Chairman of the Finance
Committee be instructed to serve as a Committee
of appointment; said committee to choose a committee
of three persons to investigate the affairs at the Alms-
house with special reference to the abolishing of the
same and to report to a future Town Meeting."
The Committee appointed in accordance
with the above vote of the town of June 14. 1915, beg
leave to submit the following report:—
The said Committee have held several
meetings to consider the matter, and invited the
citizens who seemed interested to appear before them.
The citizens so invited did not appear, therefor
a public hearing was advertised and held at
Cary Hall, January 6, 1916.
This was attended by sixteen citizens.
After some discussion the Chairman asked how
many favored abolishing the Poor Farm, and
found not one thought this a wise step.
Your committee believe that the Poor
Farm cannot be considered as a Poor Farm
alone for it is also the headquarters of the
Highway Department as well.
Take into consideration the economy and convenience
of the present location of the Highway
Department. It has been estimated to buy
land and erect buildings, or to buy a property
with buildings suitable for the Highway Department
near the center of the town would
cost at least $15000.00. The present
Poor Farm property is assessed for $8500.00
Consequently any change in location would
69
1916.
add to the expense of the town.
Again, it is most essential that the men
employed in the Highway Department live near
the plant, and the present location affords this
convenience.
Furthermore, while it is not in the congested
part of the town, it is an ideal central location.
Should the town discontinue the Poor Farm
and retain the property for the exclusive use
of the Highway Department, we find it would
add the following burdens to the town expenses
annually:—
Additional pay for Supt of Streets 1200.00 house rent
To board the six inmates at $4.00
each per week 1248.00
$2448.00
Less income received for inmates
based on the year 1915 338.00
Net cost $2110.00
The average cost per year for maintaining
the Poor Farm for the last three years, 1913,
1914, 1915 has been $1167.61 or a saving of
$942.39 annually.
When towns board out their inmates the
average charge is $4.00 to $4.50 per week, and
bear in mind, this rate doesn't give the inmate
anything but an existence. Very little personal
care is given to those who are helpless and not
able to care for themselves; feeble-minded and the
like. Many towns having only one or two
inmates maintain a Poor Farm to prevent
increased expenses. Because some people
would consent to the Town boarding a relative
in a private family, but would not want to
have the relative sent to a Poor Farm.
At a recent interview with the Inspector
of the State Board of Charity, who visits
not only all Poor Farms, but all paupers
70
1916.
boarded out by the town, stated that the condition of
those boarded out is very unsatisfactory.
To sum up the situation for 32 years Lexington
has had an Alms-house, the oldest
in the State according to State Officials.
It is an exceptionally clean and well conducted home
for our unfortunate townspeople who in many cases are
unable to care for themselves and need personal attention
which they are receiving at all times. Mr. & Mrs. White
are especially well adapted for the work. The Inspector
further advised that there is not a town in the State
that takes better care of its poor than the town of Lexington.
Although the town of Lexington saves money by maintaining
its Poor Farm, the Committee believe it is not
entirely a financial question, but one of pride and self
respect as well. If any of our citizens are compelled to
accept assistance from the Town, we should see to it
that they are properly and well cared for, and it cannot
be done for $4.00 or $4.50 per week.
The Committee recommend that the town continue to
maintain its Poor Farm, but suggest a better system
of book-keeping. We appreciate the fact that the
Highway Department and Poor Farm are so closely
affiliated that it is almost impossible to separate the
accounts to a cent.
The appropriation asked for the support of the
Poor at the Town Farm for the year 1916 is $700.00
George H. Childs Chairman
Edward H. Mara
Clarence P. Johnson
Committee Investigation of Almshouse.
Voted to accept the report and discharge the committee.
Town Records – Vol. 14, page. 364.
71
1917.
Report of Building Committee on
New School accommodations.
Submitted at Town Meeting Mar. 5, 1917
Vote to accept and place on file and that
Committee be discharged.
Town Records, Vol. 14. Page 433, Art 8.
This Committee was appointed under a
vote of the Town, passed at a meeting held June 14th,
1915, the vote being as follows:—
"That the Town proceed to add to the Munroe
School four rooms and otherwise reconstruct the
present building approximately in accordance with
plans submitted by Mr. Willard D. Brown; also
purchase at North Lexington a suitable site and
construct thereon a two or three room brick building
to be used for school purposes, and appropriate
the sum of sixty thousand dollars ($60000.00)
as a Schoolhouse Construction Appropriation
to meet the necessary expenditures under this
vote. All of the above work to be carried
into effect by a building committee of seven
members to consist of the School Committee, the
members of the Committee on Increased School
Accommodations reporting at this meeting, and one
member to be appointed by the Moderator."
Mr. Dwight F. Kilgour was appointed
by the Moderator and was afterwards elected
Chairman of the Committee.
Your Committee believing that they have
performed their duty under the foregoing vote so
far as they are able, in view of conditions which
have arisen since the creation of the committee,
desire to submit the following report:—
Total Cost of Munroe School Addition $38972.65
Items.
General Contractor $22940.20
Plumbing 1356.00
72
1917.
Electric Work $1659.89
Hardware 318.92
Heating & Ventilating 6748.05
Excavating & Masonry 1075.00
Cesspool Overflow 156.64
School Furniture 1298.69
Engineer's Commission 475.31
Architects Commission 1773.05
Miscellaneous Charges 1170.90
$38972.65
Re: — No. Lexington Site.
$195.50 expended and charged under the head of
"miscellaneous charges."
The addition to the Munroe School has
been made in a thorough manner, and practically,
a new building turned over to the School Committee.
Regarding the proposed school at North
Lexington, much time has been given by the
Committee in the selection of a suitable site which
would conform to the requirements of the Massachusetts
Board of Education.
Your Committee was restricted in the amount
which it could offer for a school house site by
Chapter 263 of the General Acts of 1915, which
specifically states that but 25% in excess of the
average assessment for the last three years shall
be paid for land for school purposes and in the
event that it cannot be purchased for such price
it shall be taken by eminent domain.
In June of 1916, the Town was asked to accept
and purchase the schoolhouse site chosen and
recommended by your committee.
The Town did not, however, see fit to accept
the Committee's recommendations and we feel that
it is wise to go no further with the matter at
this time owing to the changing school
73
1917.
conditions that confront the Town.
In view of these changed conditions which have
been presented in detail to the voters of the Town
in the several circulars that have been sent out
by the School Committee, we now submit this
report and request that this Committee be
discharged.
Respectfully Submitted.
Dwight F. Kilgour
J. Odin Tilton
Jay O. Richards
Robert L. Ryder
Arthur L. Blodgett
Charles S. Clapham
Hallie C. Blake.
A true copy,
Attest
Charles W. Swan
Town Clerk.
74
1917
Report of Committee on Improved Town Government.
Submitted at Town Meeting Mar. 26 1917
Voted that the report be recorded and placed
on file.
Town Records. Vol. 14. Pages 446
To the Citizens of Lexington,
Your committee for the consideration
of modification in the methods of administration
of Town Affairs was appointed on July 13th.
After organizing and collecting a large amount
of material bearing upon the subject, it visited
the Town of Norwood on Sept. 20 and made a
thorough inspection and study of the system in
use in that town.
The Committee later invited all town
officials to appear at a private hearing before it,
and later gave a public hearing.
The Committee secured the services of a
student of municipal affairs to draw up charts
and outline the scheme used in various foreign
countries and in the United States, and the
Committee was represented by special arrangement
at the important "Municipal Week" Congress in
Springfield. It used the material thus
acquired as a basis in drawing up an act to
present to the citizens of Lexington — proposing a
stronger Board of Selectmen, having wider duties
than at present, and with fewer independent
boards and committees.
This act as outlined, provided for a
general superintendent hired by the Selectmen
as an agent of the Board in Engineering
and allied matters.
A rough draft was being considered, when
the attention of the Committee was called to
75
1917.
a joint conference of Citizens of 15 Towns regarding
this matter of revised administration.
Other towns had been advised that the Committee
on Towns of the Legislature desired a general
permission act, and not a score of individual
schemes presented by as many towns.
The Committee was represented at several
of these informal conferences, and followed closely
the progress of the bill which was being framed
by those represented. This bill is now
before the Legislature, and is so nearly in
substance what your Committee had previously
drawn up for presentation to the Town, that
your Committee beg leave to submit with this
report the following recommendations, viz —
That the Town awaits action by the present Legislature
upon the general bill for revision of Town
administration, before taking action upon any specific
bill of its own. Such action by the Legislature
should occur before June, and give the Town ample
time to accept the act later in the current year, or,
in the event of adverse action by the Legislature
or a desire on the part of the Town to modify the
general act to complete its own draft in time
for the next Legislature.
Respectfully submitted,
Committee on Modification in
Town Government
A. Ingham Bicknell Chairman
W. R. Grady S. R. Wrightington
E. H. Mara E. C. Stevens
G. H. Childs A. E. Tenney.
A true copy,
Attest
Charles W. Swan
Town Clerk.
76
1917
Charles Street —
Report of Selectmen on acceptance of –
Submitted at Town Meeting, March 26. 1917
Town Records – Vol. 14. Page 447
Street Locations " 1 " 20
Lexington Feby 9. 1917.
Under article twenty-nine in the Warrant for
this meeting the Selectmen desire to report as follows:
Charles Street is in that part of
Lexington known as Liberty Heights and turns
from Massachusetts Avenue to a private way
known as Taft Avenue.
To persons coming from the direction of
Arlington Heights this street affords the only
convenient means of access from Massachusetts
Avenue to a large number of houses located on
private streets beyond the end of Charles Street.
There are also a number of houses on
the street. The only other means of access to this
territory is by way of Oak Street which is some
distance north of Charles Street and makes a
roundabout way for persons coming from Arlington
Heights.
In consequence of a petition received
by the Selectmen the Board, after giving due
notice, laid out Charles Street as a public
way, forty feet wide in accordance with
a plan entitled, "Layout of Charles
Street at Lexington, Scale — 40. May 1914,"
The residents in this
Section of the town have, at their own
expense, put this street in a condition
satisfactory to the Selectmen.
77
1917.
The Board recommends the acceptance of
Charles Street by the town as a public way street.
Respectfully Submitted.
William S. Scamman
Jay O. Richards
William B. Foster
Selectmen of Lexington
A true copy.
Attest
Charles W. Swan
Town Clerk
The Report was accepted and the street laid
out and accepted as a public way.
78
Increased School Accommodations,
Report of Committee.
Submitted at Town Meeting Apr. 16. 1917.
Town Records, Vol. 14. Page. 456
Committee on Increased School Accommodations.
This committee was created by vote
of the Town, March 12th, as follows:
That the Town establish a Committee on
Increased School Accommodations of seven
members to consist of the present School
Committee and four other members to be
appointed by the Moderator, said committee
to consider the needs of the Town relative
to Increased School Accommodations and
report as soon as reasonably possible, their
findings and recommendations.
The following men were appointed on
said Committee:
Hallie C. Blake
John Calder
Edward P. Merriam
Arthur L. Blodgett
Dwight F. Kilgour
Christopher S. Ryan
Robert L. Ryder.
Several meetings have been held and the
School requirements investigated and carefully
considered, and the Committee desire to
make the following recommendation and
report:
Recommended: That there is immediate
need of additional School accommodation
in every section of the Town, particularly at
the Grade Schools, the Committee recommend
to the Town that additional accommodation
be provided for by the erection of a new
building to be built preferably on land
adjacent to present High School.
1917.
79
Report of the Committee.
The Junior High School System seems to be the
modern method of education, and it is the unanimous
opinion of the Committee that it is advisable
for the Town to recommend to the School
Committee that they adopt at this time that
plan, which will relieve this congestion in our
several Grade Schools and the High School.
It is thought advisable to build with an
idea as to an extension in the future which
will undoubtedly make it possible to accommodate
an increasing school population much longer and
with better results than by other suggested methods.
Respectfully submitted
Dwight F. Kilgour, Chairman
Robert L. Ryder
Arthur L. Blodgett
C. S. Ryan
John Calder
Edward P. Marriam
Hallie C. Blake.
A true copy.
Attest
Charles W. Swan
Town Clerk.
It was voted that the report be accepted and
placed on file and that the recommendations
relative to a Junior High School be adopted.
80
1917
New Cemetery
Owner of Bedford and Summer Streets.
Submitted at Town Meeting Apr. 16. 1917.
Town Records- Vol. 14, Page 455.
Report of Committee on New Cemetery.
This Committee, in making a much belated report,
would state that it has givin mor or less consideration
to practically every location in town in any way
available or [??itable] for cemetery purposes, and
certain locations have been very thorrughly considered.
Outside the proper conditions of soil, it seems
essential that a cemetery location should be on or
quite near the street railwayline, so as to be easily
accessible to those wishing to visit it.
Our first consideration of available sites was
givin to the ("proposition" crossed through propertieson Massachussetts
Avenue owned by the Bacon Estate, Mrs. Kendall,
Dr. J.J. Walsh and Mrs. Nelly J. Boynton directly
in front of the present cemetery, for this location
seemed to meet with much favor on the part of a
number of people.
We believe, however, that the total area of the
above mentioned properties is not sufficent adequately
to meet the removable demands of the future.
would remove from the tax list appriximatly
$ 33480. of val[??]ation. The Bacon Estate is
now being considered for school building purposes,
and it is probably more. Essential to the Town
for this purpose than for a cemetery.
In passing, we would state that we feel
the Town made a mistake when it declined to
set on the recommendation of this Committee in
August, 1915, to take a portion of the Bacon
Estate sufficient to add some over thirty
lots to meet present urgent demands and to
81
1917
give a desirable entrance to the present cemetery, -
one which safety and convenience demands.
If the town should vote to purchase or take
Bacon Estate for school building purposes, we
think that sufficient land should be set aside
for the cemetary if not for additional lots to the
number of thirty or more, at least a strip of land
to make the entrance to the cemetery of sufficient
width to allow vehicles to pass, and to give a
proper and protected walk for padestrians.
The Committee gave the longest and
most carful consideration to the property of the
J.S. Munroe estate, back of Munroe Station, which
possesses many attractive features, with entrances
from Massachusetts Avenue, Woburn and Maple
Streets, and the development of witch would work
to the future advantage of the town.
We had this location carefully investigated
by a competent landscape architect, and recived
his general approval.
The Town of Arlington, at a hearing
befor the State Board of Health, made no
objection to the use of this property for cemetery
purposes, althrough it was a part of the water
shed of thier old water works property, which
gave them a voice in the matter.
When, However, it was found that an import-
ant part of this property absolutely essential for
cemetery purposes was also necessary for carrying
on sucessfully the business of the Breck-
Robinson Company, and if taken by the Town,
would make it inpossible for them to carry on
their business in Lexington, and also in view
the very large expenditures which would be
required to purchase this property and properly
to develop it, we deemed it unwise to report
forrably on this location.
While situations that have many
natural advantages can be found in various
82
parts of the Town, some are away from
transportation facilities, others are filled with
rocks and boulders, while the use for cemetery
purposes of other locations, some of which are
already being developed for residential purposes,
would seriously injure surrounding property,
and hinder or destroy the best development
of the Town.
For these reasons the selection of a
suitable site has been difficult, but we feel
that in recommending the location on Bedford
Street, at the corner of Summer Street, and
extending down Summer Street, we have found
a place on the street car line where natural
advantages are right, where practically all
material needed for the development of the
property is at hand, and where there is
sufficient acreage to establish a cemetery of a
size to meet all future needs, with little, if
any, injury to surrounding property.
The property on the corner of
Bedford and Summer Streets, owned by
Mrs. Katherine Wood, contains about ten acres,
with a frontage of about 1100 feet on Bedford
Street, and about 400 feet on Summer Street.
The assessed value of this lot is $2000.00.
On Summer Street the adjoining property is
owned by Mrs. Mary A. Coyle contains about
five acres, has upon it a small house and barn,
the assessed valuation for land being $250.00,
for buildings $600.00, -- a total of $850.00.
The next property down Summer Street,
belonging to Norman J. Hingley, contains about
five acres, with house and a barn the assessed
value of the land being $260.00, buildings $2200.00,
a total of $2460.00.
The next property, belonging to
Mathias Schelales, contains thirteen and one-
83
1917
half acres, valued at $600.00, with house and
outbuilding valued at $2050.00, -- a total of
$2650.00. There is still another property
on Sumer Street which we would recommend
to include, containing twelve and one-half acres,
values at $400.00, with buildings valued at $500.00,
a total of $900.00.
All of these properties run to the
Bedford Town Line, with the exception of the
Wood property, there being a triangular piece
of land of about one acre, with a frontage
of about 150 feet on Bedford Street, valued
at $100.00, between the Wood property and the
Town Line. This gives, for all the properties
mentioned, a total area approximating
forty-seven acers, with a total valuation,
including buildings, of $8960.00.
It has been impossible to secure prices
on these properties within a twenty-five
per cent excess over the assessed value, so
that they could probably be secured only by
taking by right of eminent domain.
Should the Town decide to secure these
properties, there should be prepared a comprehensive
plan for the development of the entire
tract, but the Town need not go to the expense
at the beginning of developing only a portion of
the property, and as lots were sold from time to time,
proceeds of sale could be used to develop the
balance of the property.
We have not had actual surveys taken and
plans made to submit with this report, as the
Committee had insufficient funds available for
the purpose, but we believe that we have submitted
sufficient data for the Town to decide whether this
is a suitable location for a cemetery, and if approved,
the Town can take such further action as may be
necessary to secure the properties in question.
84
1917
It has been suggested to the Committe that the
Catholic authorities might wish to purchase or
arrange for the exclusive use of a part of any
property brought, if large enough, and if such an
arrangement could be made.
The Board of Health are ready to approve this location.
To bring about action on this report, it is our
purpose to offer a veto substantially as follows: —
Voted: — That the Selectmen be requestedto have
a complete survey made by the Town Engineer of
the properties recommended for a Cemetery in the
report of the Committee on New Cemetery, and that
they be further authorized to purchase these properties
for cemetery purposes, or take the necessary steps to
secure the properties by right of eminent domain.
(Signed) Herbert L. Wellington
Arthur A. Marshall
Ernett S. Emery
George N. Jackson
A. E. Locke
James F. McCarthy
A true copy,
Attest.
Charles W. Swan
Town Clerk.
85
1917.
New Cemetery
Corner of Bedford & Summer Streets.
Submitted at Town Meeting June 28, 1917
Town Records - Vol. 14 page 470.
Report of Selectmen.
Lexington, June 28, 1917.
Under Article 27 of the Warrant for the Annual
Town Meeting, a vote was passed by the Town
instructing the Selectmen to purchase property
for cemetery purposes at the north end of the
Town, or to take such property by right of
eminent domain.
Although a certain limit of price was set
by vote, no money was appropriated with which
the Selectmen could make the purchase.
The Board has investigated the
property and the Town Engineer has made
a survey of the whole tract bound by Bedford
and Summer Street the Boston & Maine RR.
and the Lexington town line, and we present
a tracing of the same here this evening.
The Board has asked the different
owners of the properties to appear at its office
at the Town Hlal, which they have done,
and state any reasons why their property should
not be taken by the Town.
The Board desires to report the value
set by the owners and the reasons why they
should receive more money than the vote of
the Town allows.
Mr. Coyle states that his property
consists of five acreas of land and buildings
and was bought by him in 1907 at a
cost of $1400. He states that he has
improved the property since then very much,
86
1917
having set out thirty-two fruit trees which
now bear fruit every year and which he
considers to be worth not less than $25.00
each or $800.00 for the orchard.
He has paid for improvements in
the house, such as town water, electric lights,
etc., at a cost of $480.00 and for the other
improvements on the land, barn and house,
a sum of $260.00, making a total of $2940.00.
Figuring the interest on the original
investment of $1400 at 4% makes $560.00
or a total of $3500.00 which Mr. Coyle
stated he is willing to accept, although he
states that his figures do not include any
work which he has done himself to improve
the land.
Mr. Hingley paid $2500. for his property
about two years ago. It consists of five
acres of land and buidlings. He states
that the improvements and investment cost
about $3600. As he bought this property
for a permanent home and taking in the
amount of labor he has laid out on the
property, he thinks that he should receive
$4000.00.
The Shelales property consists of thirteen
and one half acres of land, new house and
barn and poultry houses, fruit trees, etc.,
and counting the labor of clearing of five
acres it reaches a total investment of about
$5800. Mr. Shelales has set a value
of $7500. on the property, which the Board
considers too much.
The front land on Bedford Street
belongs to Katherine H. Wood. The Board
has received a letter from Mrs. Wood's
attorney setting a price of $12000 on the
property, claiming that it was the intention
87
1917.
of the owner to cut the land into building
lots. This land consists of ten acres with
no buildings and is assessed for $2000.
The land of Weizbiki as shown by
the plan adjoins the Shelale's property and
contains about 5 acres, about an acre of which
is situated in Bedford. The rear of
this lot including the part which is in
Bedford is low and swampy, and the
Board advises that instead of taking the
Weizbiki property, the town should secure
the land belonging to Mr. Frost in the
rear of the Coyle, Hungley and Shelalis
properties and extending to the Bedford line,
containing approximately two and one half
acres.
The Board further advises that the
northerly boundary of the proposed cemetery
be continued straight to Bedord Street as
shown by the plan, taking a small piece
from the Frost property and giving in exchange
a piece of the Wood property of about the
same area. This will make a better shaped
lot and will contain about 36 acres in all, an
area which the Board thinks is ample.
The Board has gone over the entire proposition
with the Finance Committee and acting
on their advice will proceed to take the entire
area by right of eminent domain.
Respectfully submitted.
W. S. Scammon
Jay O. Richards
Selectmen of Lexington
88
Report of Committee on Improved Highways.
Submitted at a Town Meeting, June 28, 1917
Vol. 14 - Page 472
At a town meeting held March 12, 1917 the
following vote was passed:
Voted, "That a committee of seven, of which
the Board of Selectmen shall be three, be appointed
by the Moderator to consider the question of the best
way of improving the condition of our highways.
Said Committee shall give particular attention
to the advisability of adopting some definite plan of
their improvement from year to year, the advisability
of putting in a more permanent form of streets than
is now being installed and whether or not it
would be wise for the town to borrow a substantial
sum of money for the immediate improvement of
Massachusetts Avenue and other main thoroughfares."
The following committee was appointed:
George H. Childs
Walter W. Rowse
William B. Foster
Albert B. Jenney
Jay O. Richards
William S. Scamman
William H. Whitaker.
A preliminary investigation showed conclusively
that the full intent of the vote could not be
carried out in the short time available to present
a comprehensive scheme for this year. The many
activities surrounding the war with the consequent
demands upon the time of our citizens made it
difficult to study the situation as we desired.
In spite of these difficulties your Committee
has made enough study to report as follows:
Through the courtest of the Mayor of Springfield,
we were able to secure the services of Mr. Frank H.
Clark, Head of the Departments of Streets and Engineering
who personally visited the Town and with the
89
Committee visited the streets and highways.
Attached hereto is a copy of his report.
Mr. Clarke recommends and your Committee concur
in the following recommendations to the Town.
(a) That Massachusetts Acenue from Pleasant
Street to the State Road be scarified, and
new stone be filled in and the whole
surface coated with tar or equally suitable
material at an estimated cost of $10,000.
(b) That from Winthrop Road to Waltham
Street the highway be rebuilt, using a cement
foundation and a tar concrete or equally
suitable material be placed on top thereof.,
with necessary curb stones.
Such permanent work would be a
basic for further extensions and would,
with proper care, last 20 or 25 years.
In addition it is confidently expected
that the County Commissioners will
contribute to the cost.
Such a permanent construction
would thus cost about $10,000.
(c) That further time be allowed your
Committee to make a more complete
and comprehensive report on this subject,
and that $500 be appropriated to permit
the Committee to employ other experts in
order that more and diverse opinion be
obtained on this matter.
Respectfully submitted,
Jay O. Richards
W. S. Scamman
George H. Childs
Albert B. Tenney
90
Department of
Streets and Engineering
Springfield, Mass.
May 19, 1917.
Mr. Charles W. Swan, Clerk,
Committee on Improved Highways,
Lexington, Mass.
Dear Sir:
In accordance with the request of your
Committee that I report in writing such conclusions
as I was able to gather from my recent examination
of certain streets in the Town of Lexington, I beg
leave to say that in my opinion the several
streets and roads, except Massachusetts Avenue,
are in good condition, that they have received
proper attention, and that those recently built
are good examples of modern road construction.
Massachusetts Avenue, the main artery of
travel through the town, with ever increasing
traffic both in number and weight of vehicles, I
believe, demands a more permanent and durable
pavement that that which has been heretofore attempted.
Any street containing car tracks must of
necessity sustain a more ore less concentrated
traffic which, in my opinion, requires a pavement
having a cement concrete base. The selection of a
proper pavement for the entire street should be
made and sections thereof laid from time to
time as conditions are favorable and funds
available. I assume that it is not expected that
the entire work could be done at once owing to
the financial burden both to the Town and the
Railway Company.
To pave against an insecure railway track
is obviously unsatisfactory both to the Town and
to the Company. It would therefore appear to be
to the advantage of both if the permanent pavement
could be laid at such times as it becomes necessary
91
to renew the railway trackes at which time the Railway
Company could be expected to bear some portion of the
expense.
The present condition of the roadway demands
immediate attention but to undertake to continue the
present form of construction in the face of heavy
traffic now moving over the street will cause a
constant drain on the maintenance appropriation
and permit a continuation of the unsatisfactory
surface.
I would, therefore recommend; First, That a
Two and one-half inch mixed asphalt pavement
on a five or six inch (according to the nature of
the sub base) cement concrete base be adopted as the
ultimate pavement for Massachusetts Avenue; Second,
That a portion of the Avenue not immediately so
paved be thoroughly scarified, regraded, brought to
a proper cross section by the addition of new
number one stone and poured with two applications
of tar.
Respectfully yours,
F. H. Clark.
A true copy.
Attest:
Helen C. Gallagher,
Asst Town Clerk.
92
[Left Margin: "See Vol 14 Page 549"]
Report of the Committee on Improved Form
of Town Government.
On July 13, 1916 the Moderator appointed a
committee of seven to report on the matter of
improved froms of town government, pursuant
to a vote of the Town on the 12th of June preceding.
The committee organized and within a
few weeks visited Norwood and made a thorough
study of the system there in operation. It
obtained all the charters and published reports
from towns and cities throughout the Country
bearing upon the subject. It employed at its
own epense an expert to go over these documents
and to prepare from them a comprehensive series
of graphic charts showing the forms of government
existing here and abroad. The committee
sent a representative to the conference on town
government at Springfield, Mass., and later
followed closely the meetings in Boston at
which House Bill 1664 was drawn. As a
meeting a year ago the Committee reported
that it recommended that the Town await the
result of action by the Legislature on this
bill before going ahead to draw a bill of its
own. This report was accepted as a report of
progress.
The General court of 1916-17 referred the
bill to the present Legislature, and the Committee
against recommends to the town that
no action be taken until the present Legislature
shall have acted on the above bill.
The Committee respectfully asks to be discharged.
Respectfully submitted,
W. R. Greeley, Secy.
93
1919.
Report of the Planning Board and Cemetery
Committee Acting Jointly As a
Committee on the New Cemetery.
Submitted at a Town Meeting Mar. 17, 1919.
Voted to accept and place on file.
Town Records Vol. 15 Page 32 Art. 48
Before attempting to work out
a detailed plan for the new cemetery, your
Committee devoted its attention to the
general problem of the use of the property
required as it might affect the towns -
people and be most serviceable to all their
needs. If there was at first a feeling
that the Catholic population might not
desire to share in the use of this cemetery,
during the conference between the
Joint Commitee and various citizens no
such sentiment was expressed. The
attitude of all parties concerned was, on
the contrary most cordially one of approval
of the joint use of the cemetery by
Catholics and Protestants, and the
following report is one that seems to
express the unanimous decision of the
entire personnel of the Joint Committee.
The enclosed rules and
regulations are the result of careful deliberation
and represent our united
opinion in regard to the best method
of administering this property. Although
they are drawn to apply only to the
new cemetery they can at any time be
extended to the other burying grounds,
if the Town desires to incorporate some
of these new features.
94
Shortly after its organization
the Committee interviewed a number
of landscape architects and consulted other
towns in regard to the best firm to employ
to lay out the ground recently acquired
by the Town for cemetery purposes. The
best advices seemed to point to one man,
namely, Mr. A. A. Shurtleff, as the most
desirable and most experienced representative
of his profession in this line. Mr.
Shurtleff was, therefore, employed and
with the Commitee proceeded, to make a
careful study, not only of this particular
piece of ground, but of the general principles
accepted at the present time by
communities that are giving the most
thought to this problem.
The Committee soon discovered
that the whole trend of opinion
was toward the so-called park development
and that throughout the country
this had already become the accepted
form for cemetery purposes. The advantages
of this system over the type of
burying ground with which the Committee
had previously been familiar were conspicuous.
In the first place the
park type is based upon an orderly
and well-though-out plan designed
to provide grounds which may always
be beautiful by reason of pleasant
lines, well proportioned masses of
lawn and shrubbery and easy roads.
In order to enhance the natural
beauty of the area developed, monuments
are limited to small and comparatively
inconspicuous tablets,
scarcly higher than the grass in
which they are placed. This is in
95
marked contrast to existing burial grounds
where monuments vary so greatly in
scale, material and design that every
pleasing effect is destroyed.
The advantage of some
degree of uniformity in monuments is
not only that it saves the whole area
from becoming a frightfully disorganized
display of hetergeneous
stones but safeguards all those who
need to practice some measure of
economy in memorials to their dead,
for it means to them that their simple
tablet will not be eclipsed and
rendered mean in appearance by
some towering polished granite or
marble shaft nearby. In a word,
it introduces the idea of quality
and democracy into this branch of
community enterprise. Each memorial
is permanent and suitable but
does not interfere with the great
beauty of the whole park.
It is proposed to develop
at once the two front areas enclosed
within and bordering the
driveways next Bedford Street, as
shown on the accompanying plan.
There is no better way of describing
the character of the plan, proposed
than in the words of the landscape
architect which we quote below: -
"I have studied the site for
the New Lexington Cemetery at great
length with your Commission and I
have felt from the start that
this ground is singularly well
suited for the purposes in mind.
The ground is high, light in texture
96
borders on important streets, and is
reasonably near the center of the town.
The rolling nature of the ground
naturally divides it into separate
landscape compositions. These
divisions are of considerable size and,
in my opinion, they should be developed
one after the other by circuit
lobes as shown on the preliminary
plan. When one lobe has been completely
developed, the Town might
then pass on the development of
others.
"The central entrance leaves
the main highway on elevated ground
at a point where a general view of
the entire northerly half of the
Cemetery may be enjoyed. The
entering roadbeads at once to the
Chapel. Where it branches to the
right and left to embrace the easterly
and westerly lobes. A circular
driveway near the Chapel will
accommodate groups of carriages,
and the roads branching form the
center will permit processions to move
without hindrance toward any part
of the Cemetery. The views to
be enjoyed from the rear of the
Chapel, and especially from the
southeasterly and southwesterly
lobes, are very fine, and in combination
with the groves of trees
in that neighborhood the scenic
features are noteworthy.
"In general, the territory to
the rear of the Cemetery, owing to its
favorable relation to the sun and
to these attractive prospects, should
97
be as eagerly sought for lots as the
front portion. The rear portion of
the Cemetery also lies on undulating
ground and is naturally divided
into compositions similar to those
in the front. All this portions
of the territory, which will be needed
during the next fifty to one
hundred years, is also on high
gravelly ground and there is a sufficient
cover of trees to make lots
attractive at the present time. It
should be the policy of the Town
to add trees throughout the Cemetery
where the present ground cover
is not sufficient, and to maintain
grass areas for extensive lawns. The
general plan also indicates the
marginal shrubbery beds which
should be placed on all the property
lines to creen adjacent private
properties. In many cases these
plantations already exist in the
form of groves of pines, oaks and
natural shrubbery. The general
road system shown on the plan
approaches within reasonable distance
of all lots.
"Strips, of ground, twenty-
five feet wide are reserved on each
side of the main driveway for lawns
and planting spaces. These strips
will insure attractive surroundings
for the driveway and will give a
sense of freedom and openness
which would not be present in
case the ground was occupied by
lots to the very side lines of the
traveled ways. In the course of
98
time, however, if the Cemetery should
become crowded, the Town would
have the right to withdraw these
strips from public use and lot
them up. It is hoped, however,
that the value of these reservations
to the appearance of the Cemetary
would be so great that the Town
would feel disinclined at any time
to allow them to be sold for lots.
"In working out this plan
as a whole, we hve been most fortunate
in having the assistance of
Henry F. Adams, superintendent of
the Forest Hills Cemetery. His
intimate knowledge of the actual
working conditions in large cemeteries
about Boston has been of
the greatest value. We have
also secured from im copies
of the plans of many cemeteries
in the western part of the country
whose developments are of the
most up-to-date character, and I
believe the plan which we have
evolved together is modern in the
best sense of the word.
"As you know, I am now
plotting the Cemetery in detail to
determine the exact position of all
footways, lot corners, and the position
of permanent shrubbery masses, groves
of trees, and open spaces, so that
purchasers, may secure lots with
confidence that each parcel will bear
a definite structural relation to the scheme
as a whole, and cannot in the future
suffer in any way by the development
of adjacent trackts."
99
The Committee at first expected
to prepare stereopticon slides
and present to the citizens a comprehensive
illustrated lecture upon the
type of grounds so universally
recommended. During the course
of its meetings, reports as to the
sentiment of the citizens appeared
to be so favorable to the new idea
that the above program was abandoned.
In order, however, that
the citizens may understand exactly
how grounds such as those
proposed may appear, we enclose
cuts selected from various localities
with titles accompanying
them which will explain the
picture.
The plan above described
provides location for a future
Chapel, if at any time such
a building is desired. It also
contains ample provision for receiving
tombs and a crematory, should such
facilities be wanted. For the present,
however, those in charge of the cemetery
advise a continuance of the use
of the present receiving vault as it
offers convenience which would be
lacking in the new location.
The Committee has
figured out and will present at the
meeting Monday evening figures to
show the income which it is
safe to estimate for the next few
years and to demonstrate to the
citizens that this new enterprise
can probably be made self-supporting
from the start.
[along margin]
A true copy
Attst. Charle W. Swan - Town Clerk
100
Cemetery Rules and Regulations
adopted at a Town Meeting
March 17, 1919
Town Records Vol. 15 Page 32
Committe Reports Vol. 2 Page 100
Meetings.
There shall be a meeting of the com-
missioners held within two weeks after
the annual town meeting at which meet-
ing the commissioners shall choose by
ballot one of their member to be chairman
and at which meeting they shall also
appoint a superintendent, a clerk and
such other officers as they may find
necessary for the proper management
of the affairs of the cemetery, which
officers shall continue in office for
one year or until their successors are appoint-
ed. The salaries of the officers
shall be fixed by the commission-
ers and the officers may be removed for
cause at any time by the vote of two-
thirds of the commissioners at a meeting
duly called for that purpose. There
shall be regular meetings of the commission-
ers on a stated day of each month, ex-
cept July and August, at such times and
in such places as a majority of the com-
missioners shall determine. Special
meetings of the commissioners may be
called by the chairman or by two
commissioners. The clerk shall
notify the commissioners of all meetings
by written or printed notices.
Officers.
The Chairman shall preside at all
101
meetings of the commissioners. The
Clerk shall give notice of all meetings
to all commissioners, shall attend all
meetings of the commissioners and
keep a faithful record of their doings.
In his absence, a clerk pro tem shall
be appointed by the chairman to
perform the duties of the Clerk.
The clerk shall prepare and have
the custody of all papers of what-
ever nature made necessary by
these rules and regulations and
perform any other duties appro-
priate to his office which the com-
missioners may require.
The Superintendent shall,
under the direction and supervision
of the commissioners have the gen-
eral care and custody of the property
and grounds of this cemetery, the
control and direction of all subor-
dinate officers and workmen employed therein
and shall be responsible to
the commissioners for the enforcement
of all rules and regulations affecting
the property in grounds of the
cemetery and the rights of the proprietors
or the conduct of visitors therein.
He shall be responsible to the com-
missioners for the enforcement of
the laws of the Commonwealth,
the by-laws of the town and the
rules and regulations of the board
of health within the limits of the
cemetery grounds. He shall keep
such books of record, makes such
repairs and perform such other
duties appropriate to his office as t
he commissioners may from time
102
to time require. He shall pay
all money received by him for the
cemetery to the town treasurer.
Conveyances
The commissioners shall, at
the outset in accordance with the plan
accepted by the town, set apart one
section for the use of Roman Catholics,
and no permit for burial shall be
issued and no burial shall be allow-
ed in such section except with the
approval of the rector of St. Bridget's
parish.
All conveyances, assignments,
transfers or allotments of exclusive burial
rights in any lot in the cemetery shall
be made in writing, signed by not
less than two of the commissioners
and recorded by the clerk in a book
to be kept by him for the purpose.
No transfer of the exclusive burial
rights in any lot from the prop-
rietor thereof to any other person shall
be valid unless recorded by the clerk in
a book kept by him for that purpose
nor until the proprietor of the lot
shall have first offered to the com-
missioners the right to purchase his
exclusive burial rights, and such
offer shall have been rejected in write-
ing within thirty days from the re-
ceipt thereof. All conveyances
of exclusive burial rights shall be made
subject to the provision that the
purchase price an amount equal
to fifty cents per square foot of the
area conveyed shall be paid into a
perpetual care fund and all moneys
103
received and any other deposits made
for the purpose of perpetual care shall
constitute a fund to be known as
the "Perpetual Care Fund."
No commissioner shall receive
directly or indirectly, any pay or sal-
ary for his services as commissioner, nor
shall any commissioner, officer or em-
ployee of the cemetery have any
pecuniary interest in the work nor in
the materials furnished for the ceme-
tery except as such work or materials
may be done on or ordered upon a
lot in said cemetery of which he
is proprietor.
Interments
No interment shall be made
until the supt. shall have been
furnished with such permits as
may be required by the laws of
the commonwealth or of the city
or town from which the deceased
may be brought, nor shall any
body be interred in a lot of which
exclusive burial rights have been
conveyed to a proprietor until the
Supt. shall have been furnished
with an order from such proprietor
or his legal representatives, nor until
all fees hereinafter provided shall
have been paid. The charge for
opening an adult grave and making
an interment shall be seven dollars.
The same charge in the case of a
child under five years of age shall
be five dollars. If the proprietor
of a single grave becomes the pro-
prietor of the exclusive burial
104
right in a lot in the cemetery, a
release of his right in the grave may
be taken in part payment for the exclusive
burial right in a lot. Not
more than two bodies shall be interred
in the same grave and the last interment
shall be at least three feet
below the surface of the ground.
Bodies may be deposited in the
receiving-tomb upon the payment of
five dollars. The supt. shall
deliver a body only to duly authorized
persons. The removal shall
be at the expense of the persons applying
therefor. At military funerals no
firing of volleys shall be allowed
within the cemetery except by permission
of the supt. No grave
shall be opened for interment or removal
of a body by any person not
in the employ of the commissioners.
Records And Plans.
The clerk shall keep all
books necessary for recording conveyances
and transfers of exclusive burial
rights in lots and transfers by will
or by operation of law; he shall keep a
record of any instruments of donation
for the use of the cemetery; or for any
other use connected with the cemetery;
he shall keep a register of interments;
he shall keep such other record as
may be found necessary or convenient
by the commissioners from
time to time. He shall keep
a plan of the cemetery on which
shall be entered, by a surveyor
designated, by the commissioners,
105
all avenues and paths duly designated,
and all lots sold or laid out
by the commissioners duly numbered.
All changes shall be noted on said
plan so that at all times it shall
represent the condition of the cemetery
in the particulars named.
Use of Lots.
No lot shall be enclosed by
a wall, fence, coping, hedge or otherwise,
but the limits of each lot
shall be marked by granite, cement
or other posts approved by the commissioners,
which posts shall be
sunk in the ground so that the top
shall be level with the surface
of the ground, and a suitable marker
bearing the lot number shall be
placed upon said lot. Monuments
or memorial stones approved by
the commissioners for marking lots
or individual graves may be constructed
if substantially level with
the surface of the lot. No other
monument, tomb or structure of
any kind shall be erected on any
lot, except that one monument, or
structure, subject to the approval
of the commissioners may be erected
in that part of the cemetery reserved
for Roman Catholics. The commissioners
may remove from any
lot such trees or shrubs as are in
their judgment detrimental to the
appearance of the cemetery. No trees,
shrubs or other plans shall be
set in any lot or removed from
any lot without the consent of
106
the commissioners.
Upon the sale of the exclusive
burial rights in a lot to any
person, such lot shall, if necessary,
be trenched, graded and sodded,
and boundary posts and markers
shall be set under the direction of
the supt., and the costs of all such
work shall be included in the price
charged by the commissioners for
such exclusive burial rights.
General Regulations.
No horses or other animals shall
be allowed in any part of the cemetery
except on ways designated as avenues
nor shall any vehicle be driven or
animal ridden at a faster rate than
ten miles an hour, and no horse
or other animal shall be left without
an attendant unless fastened
to a post provided for that purpose.
No vehicles shall be turned around
except at points where avenues
intersect.
No persons carrying firearms
shall be permitted within the cemetery
except in a case of military funerals
where permission is given
by the supt.
No refreshments or other
articles of any sort shall be taken
upon the grounds of the cemetery
for the purpose of being sold
thereon.
Writing upon or otherwise
defacing any monument, fence,
sign, or other structure up on the
cemetery grounds is prohibited.
107
All persons are prohibited from
gathering flowers, either wild or cultivated,
or from breaking or otherwise
injuring any tree, shrub or plant, or
from annoying birds, squirrels, or
other harmless animals within the
cemetery.
No dogs shall be brought
into the cemetery except on leash.
No offices or employees of
the commissioners shall receive any
fee, tip or gratuity for services
rendered to visitors. The superintendent
is authorized to cause
the arrest and prosecution of all
persons violating these regulations
or committing any nuisance of any
sort within the cemetery grounds.
A true copy,
Attest:
Charles W. Swan
Town Clerk.
108
Report of Corn Borer Committee.
Report printed in Town Reports of the year 1919.
No written reports submitted at any
Town Meeting.
The Corn Borer Committee appointed by the
Moderator, pursuant to resolution passed at a
special town meeting on October 17, 1919, organized
on October 22, 1919. The Committee has held four
meetings and given public hearing to all persons
interested.
The Committee has obtained complete information
from the Federal Corn Borer Controller as to the proposed
activities of the Federal Government in Lexington.
Through the assistance of the Federal Controller
and the State Department of Agriculture the Committee
has been able to send out all property
owners or occupiers in Lexington a circular explaining
the danger from the Corn Borer and the
steps to be taken to eradicate it.
An agent of the Federal Government has
been assigned to the town to advise any who
request his assistance, and to furnish a crew
to clear up and burn over any land which the
owner may request.
The Federal Controller had a substantial number
of men constantly at work clearing up weeds and
corn stalks and burning them until interrupted by
snowfall. Work will be resumed as soon as the
snow leaves.
Your Committee hopes that the spread of the
corn borer will be very materially checked by the
work being done. It desires, however, to repeat its warning that
the spread of the corn borer cannot be successfully combated
unless each person owning or occupying land,
109
takes care to clean up and thoroughly burn all corn
stalks, and other large plants and weeds in the fall
or early spring.
Respectfully submitted
Corn Borer Committee
Robert H. Holt, Secretary.
A true copy; Attest:
Helen C. Gallagher
Asst Town Clerk.
110
Report of Committee to Revise By laws.
Submitted at Adjourned Town Meeting March 21, 1921
Town Records, Vol. 15, Page 191.
Your Committee as promptly as possible following
its appointment procured copies of by laws from
numerous neighboring towns, also such information
as was available from the office of the
Attorney-General of the Commonwealth, together
with information from the town records as to
by laws from time to time adopted by the
Town since the last printed edition thereof.
At the first formal meeting for consideration
of this data, it appeared that the earlier
committee which had been at work upon the
matter for several years had held many meetings
and expended much time upon the subject, and
was about ready to report to the Town
Under the circumstances it seemed to be
unnecessary for a new committee to undertake
to cover the same ground already so thoroughly
covered by the previous committee and that,
in fact, the Town would be placed in
possession of the necessary revision much more
promptly by continuing the earlier committee
and availing of its work, than if oblighed [sic] to
wait for the new committee to cover the ground de novo.
Your Committee, therefore, recommends
that the vote discharging the earlier committee
and appointing a new committee be rescinded
and that the earlier committee be reinstated
and requested to report as promptly as possible
in the matter.
Respectfully submitted,
Frederick L. Emery
Chairman
January 11th, 1921
A true Copy, Attest
Arthur W. Hatch,
Town Clerk
111
Report of Committee,
on Methods of Accounting
Submitted at Adjourned Town Meeting April 4, 1921
Town Records Vol. 15, Page 205.
The Purpose of the Accounting System
prescribed by
The Bureau of Statistics
The necessity of a reorganization of the accounting
methods of our municipalities has been brought
about by the demand on the part of the public at
large for services at public expense which were
formerly supplied at private expense or were not
enjoyed at all.
The civic requirements of the present generation
are such that the expense of maintaining the several
functions of government in some of our municipalites
has reached the point where the annual tax
requirement is becoming a burden; hence the
tax payer is demanding a strict accounting of the
sums paid by him for the general support of the
municipal government. But while our cities and
town have been increasing their expenditures
to an extent that is constantly demanding
additional appropriations of money which must
be somehow raised, they have not been giving
sufficient consideration to accounting, or the
recording of receipts and expenditures and the
facts bearing upon the incurrence of indebtedness, -
and with the result that many of our public
records are kept in the same manner as when
the town form of government was first established.
Little thought has been given to the future
and, in many cases burdens have been put
upon future generations that should not be met
112
wholly by those receiving the benefit. The expenditure
of our cities and towns have increase an an alarming
rate, - in fact far more rapidly than either the
population or valuation. In studying the annual
report of our cities and towns, we find that those
things that appear to be necessities today were
regarded as luxuries ten or fifteen years ago.
Remembering the fact that expenditures must
be met by contributions from individuals, it should
be realized that we have reached a point where
discrimination is necessary in order to determine
just what we can afford to spend; and then to
know how to spend it in order that the greatest
amount of service may be obtained with the means
at hand. The individual has long since learned
that to succeed in business he must determine at
certain stated intervals his exact financial condition.
If this is necesssary for the conduct of private
business, it must be even more necessary in the
conduct of public affairs. Now while we all agree
that some men are able to accomplish more in
giving a portion of their time to a particular
work than others, who might give their entire
time, it is a well known fact that a majority of
our municipal officers give their time without
proper compensation, and necessarily make their
municipal work a secondary rather than a
primary consideration. This being the case, it is
all the more necessary that such an official should
have before him information upon which he can act without
going into unnecessary detail.
It not infrequently happens that a town in
which there has never been a suspicion of scandal
and the integrity of whose officials has never been
questioned, feels that this condition is fairly
good evidence that its finances are well
managed and that its accounting systems is
equipped with all the checks and safeguards necessary
113
to a proper administration of its affairs. Those who so
contend, however, lose sight of the fact that the primary
object of a system of accounts is not to prevent dishonesty
in administration, for this may happen under any system,
but rather to insure a more economic expenditure of
public moneys. While honesty and faithfulness are
more likely to be insured by the establishment of a proper
accounting system, increased efficiency is what we are
cheifly aiming at; for it is a wwll known fact that
we may and do spend a great deal of money honestly
as the term is generally understood, which nevertheless,
is not always judiciously spend. Waste and extravagance
in municipal operation is due far more to the lack
of system in accounting than to the dishonesty of
officials. In prescribing a system of accounts for
any city or town, proper consideration should always
be given to its particular needs; therefore the
system devised by the Bureau of Statistics has been
planned so that it is capable of adjustment to
varying local conditions without sacrifice of
principle, and it gives, as a result, comparable
figures which can be used in forming deductions
as to the efficiency or inefficiency of officials. It
would be foolish to contend that the system prescribed
will of itself automatically reduce expenditures,
but we do claim that it will point out the facts
in regard to expenditures and the financial condition
of the municipality, so that there will not
be any excuse for a continuation of careless methods
of financiering.
Today we find in very many cases the several
departments operating entirely independently of the
other departments, and in many municipalities
we find a number of departments performing
duties that should be exclusively cared for by some
one department. In order to reduce the cost
without sacrificing efficiency, therefore, the Bureau of
Statistics lay a great deal of stress upon what it
114
calls a "Functional classification" of expenditure, that is,
a bringing together of those items of expense
which are related, thus allowing the public to
see at a glance what each particular service is costing.
Then, by intelligently comparing these costs with
the results obtained, we have before us facts that
are capable of explanation and which must be
admitted. In commercial work the test of a system is
the profit and loss account, while in municipal work
it is service. The Bureau of Statistics, therefore, recommends
a complete set of double entry books, supported by
proper warrants and couchers, arranged according to the
uniform classification of municipal functions now
quite generally recognized by accountants and
students of municipal administration.
We recommend that there be one official called, in town
"Town Accountant," whose duty it shall be to record all
of the transactions relative to the finances and that
his books shall be so kept that the true financial considtion
of the town as a whole may be shown at any time.
To insure this, it will be necessary for all departments
sending out bills or receiving money to notify
the accountant or bookeeper, so that these transactions
will be reorded, proper forms being provided for
carrying out this suggestion.
The assessors should, in committing a warrant to
the collector, forward to the accountant a copy of the
same, the latter opening an account debiting the
collection with the amount of the warrant and as
collections are made and deposited with the
treasurer, the collector should furnish the accountant
or bookeeper with a statement as to the amount,
classified by assessment years, so that he may receive
a proper credit. At certain stated intervals
the treasurer should report to the accountant the
receipts in detail which would be a counter check on
all departments. The common practice in our
towns has been to allow each department
115
to take care of its own accounts receivable on account
of services rendered or materials supplied, and frequently
it has been shown that these accounts have been
handled in such a way as to cause a lose of revenue
to the town. In any event, it is practically impossible
to make a statement as to the financial condition of
of [sic] any department under such circumstances.
Each and every department sending out of
committing bills for collection should notify
the accountant in detail of all such bills.
He should then debit a proper account on his
ledger and as collections are made from time to
time, from the schedule supplied him by the
proper officials he should credit this account.
It is the duty of the head of each department
to work in conjunction with the accounts, treasurer,
and collector for the collection of these bills; a
record such as described makes it possible to follow
them up systematically, and will undoubtedly
be of great advantage to the town. This will also,
in our opinion, prevent the continuation of the
practice of reduction or abatement of charges; a
practice which has in many cases, represented any actual
loss, of which no record showing the reasons for such
reduction or abatements was made.
While the system of accounts will safeguard the city
or town from loss due to carelessness or negligence, its
primary object is to give information that will assist
the administrative offices in the performance of
their duties and inform the public as to the expenditure
of funds by the several departments. A
special book is therefore finished for the classification
of the expenditures of the several functions,
showing the date of bill, to whom paid, amount, and
purpose or object of expenditure, so that duplicated bills
are easily detected, as all general facts are on this book.
In order to facilitate the proper classification of
expenditures, appropriations should be made along
116
functional lines; but it does not follow that a department
cannot have charge of the enpenditures of more than
one function. On the contrary, it is very evident that
a single department can, in many cases, expend money
on account of two or more functions more economically
than if these accounts were divided.
However, we must have the costs separated in order
that we may determine the best method, and this is a
very simple bookkeeping proposition. But it is not desirable
to attempt - as find a classificication in making
the appropriations as should be expected in reporting
the expenditures; to do so only hampers the administrative
officers. Yet such an accounting of the expenditures
should be required as will show for what the money was
spent, in order that the general public, knowing the
character of the service rendered, together with the exact
cost, may correctly judge the work of their officials.
Under laws recently enacted, no department
can contract liabilities in excess of its appropriation,
therefore, each department head should have before
him, as often at least as once a month, a statement
of the amounts expended and unexpended of
the appropriation made for maintenance or
operation of his department.
Among the forms and books used, are the following:-
Ledger, Cash books, Journals, Classification sheets
Pay-rolls, Warrants, Schedule of accounts receivable,
Schedule of bills payable, Schedule of payments to
Treasurer, Schedule of receipts by Treasurer, Notification
of abatements, Vouchers.
The several forms provided are so correlated
that instead of having a complicated system of
bookkeeping, we have a simplified form that can
easily be operated without the services of a so-
called "expert bookkeeper being at all necessary
117
A list of books and forms provided for the town, together
with a brief description of their use and certain general
instructions relative to the keeping of the accounts, follows:
Journal for accountant
Cash book for accountant.
Ledger for accountant.
Classification book for accountant
Debt record book for accountant
Cash book for treasurer
Check register for treasurer
Schedule of Departmental bills payable
Treasury Warrants
Schedule of Collecor's payments to treasurer.
Schedule of departmental payments to treasurer
Schedule of treasurer's receipts
Schedule of tax abatements allowed
Vouchers folder
General department pay rolls.
School department pay rolls.
All of these books and forms are arranged so as to
simplify the reporting and make possible a proper
check on the accounting of public moneys, also to
insure a classification of both receipts and payments.
All moneys received from every source and paid to
the treasurer are also reported to the accountant, in
whose book will be recorded all cash transactions in
detail, which will furnish an absolute check on the total
Journal - This is a bound book of the ordinary
two-column stock type. It forms, together with the
cash book, the medium from which all entries in the
general ledger are posted, as it is of vital importance
that no entry shall be originated in the general ledger.
The journal is used for keeping a record of the
debiting and crediting of items in the ledger, such as
opening entries, budget appropriation entries, the
entering of tax commitments, the abatement of taxes,
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accounts receivable, and all entries which are not strictly
cash book transactions.
It is important that all journal entries state
clearly the ledger accounts which are to be debited and
credited; also that a full explanation of the entry be
made, in order that the transaction may be fully understood
by any one examining the accounts.
Cash Book - (For Accountant.) This is a bound book similar
to those used in ordinary commercial accounting. In this
book should be recorded all transactions
receipt or the disbursement of case, in order
that the total transactions for the given period
may be shown at a glance.
All entries made on the debit side of the
cash book should clearly state the source from which
the money was received and the department or account
to which the same should be posted in the ledger;
and all entries on the credit side should show to whom
the money was paid and the appropriation, or account
against which the amount should be posted in the
ledger. All moneys received from every source will be
reported to the accountant; therefore in the latter's cash
book will be recorded cash transactions which are
similar to those of the treasurer, except in detail, and
which will furnish an absolute check on the total.
Ledger. This is the loose leaf type; then the several
sheets are properly arranged and placed in the binder
provided for the purpose, they form the general ledger,
in which is recorded, in controlling accounts, all
of the financial transaction of the town.
The accounts in the general ledger are separated
and grouped in sections, as follows
First Assets and liabilities
Second Revenue accounts
Third Appropriation accounts
Fourth Funded or fixed debt
Fifth Trust funds.
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From the ledger, information relative to the condition of
the several appropriations may readily be obtained and
the administrative officers may keep constantly informed
of the amounts expended, also of amounts available
for the balance of the year. This information is very necessary
in view of the statue which expressly forbide the incurring
of liabilities in excess of the appropriations made
for the use of the several departments; unless the
work is well planned, it will be found that the
appropriations will be exhausted before the end of the
year; with much needed work still to be done.
Classification book. This book consists of loose-
leaf forms with printed headings covering the chief
sources from which revenue is received and objects
for which money is expended, with blank spaces which
allow for additional headings to cover important items
that may seem desirable. These sheets are arranged
in functional order and placed in a binder provided
for the purpose, thus forming the principal source
of detailed information regarding the receipts and
disbursements of the town. They are arranged in a
classified form that is generally accepted and adopted
by accountants and students of municipal affairs.
Provision is made for the recording of the date of
the receipt, from whom received and the source.
On the payment side will be shown the date of
the bill, to whom paid, and the purpose or object
of payment. From this book definite information
can readily be obtained of every cash transaction
of the town; but its chief object is to furnish classification
in a scientific manner, regardless of the
method of making appropriations
This book is also designed to bring the costs of each
particular function or service together so that by knowing
the costs and intelligently comparing these with
the service given, the tax payer may judge of
the efficiency or inefficiency of the administrative
officers
120
Draft record book. This is a bound book especially
designed to show the amount of debt under
each authorization at any time from the issuing
of the bonds or notes to the maturity of the loan;
also the interest due semi-annually each year
during the period the loan has to run.
Cash book. (For treasurer), - This is a bound book
especially designed for the recording of all the
cash receipts and disbursements of the treasury
department in one book.
Check Register. - This book consists of loose-leaf
forms which, placed in the binder provided for
the purpose, form the book in which all of the
transactions with the banks are recorded. It will
show at a glance the condition of the accounts in
any of the depositories of the town.
Schedule of Bills Payable. - On these sheets each
department should list all bills approved for
payment, and should forward the same, accompanied
by the original bills to the accountant.
From these the treasury warrants are prepared.
Treasury Warrants - These are for listing the bills
of the several departments. Warrants are submitted
to the Selectment, together with the bills,
for the approval, the bills first having been
cehcked by the accountant and compared with the
several appropriation accounts to which they are
chargeable. The Selectment having signed the
warrant, it is passed to the treasurer as his
authority for payment.
Under the status, the Selectmen are required
to approve all bills before the same are paid by
the treasurer; by using the treasury warrants,
they can give greater attention to the bills and
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appropriation accounts without consuming any additional
time.
Schedule of collectors payments to treasurer. - These are
especially designed forms for the reporting to the accountant
of payments made to the treasurer by the
collector. From these reports the accountant is enabled to
classify properly the collector's receipts and verify the
receipts reported by the treasurer.
Schedule of Departmental Payments to treasurer. This form
is for the use of departments, except those for which special
forms are prepared, for reporting payments to the treasurer
Schedule of treasurer's receipts. The treasurer will use
these forms in reporting the cash receipts to the
accountant. They form the basis of the debit entries
in the account's cash book, and, together with the
schedules of payments to the treasurer, serve as an
automatic check on the cash account, furnishing the
accountant with the necessary information for keeping
his accounts up to date at all times, also enabling
statements to be drawn off showing actual cash
transactions. By the use of printed forms for the
reporting of all items involving each, but little time
is required for reporting the same.
Schedule of tax abatements allowed. - This form is for
the use of the assessors in reporting abatements
to the accountant, so that he may credit the collector
with these items in addition to his cash payments
to the treasurer. On the accountant's book,
the collector is charged with commitment,
and credited with collections paid the treasurer;
if to the collections are added abatements allowed,
the accountant's ledger will show, in his collector's
account, the exact amount of outstanding taxes.
Voucher folder. - This form is for the use of the
town accountant, and is designed for the purpose
122
of securing uniformity in the filing of bills.
General department pay-rolls: - These are to be used
by all departments except the school department,
in making up their weekly or monthly pay-rolls,
and are designed for the purpose of securing
uniformity in the pay-rolls of all departments.
School Department pay-rolls - These are especially
designed for the use of the school department,
provision being made for showing the gross amount
of salary due each teacher or employee, the
amount of deduction on account of the retirement
fund, the net amount received by each
person and the total amount to be sent to the
treasurer of the retirement fund.
Revenue: - Upon receipt of notice from the
town clerk of appropriations voted by the town,
to be raised by taxation, a journal entry should
be made debiting revenue and crediting the
proper appropriation accounts. When the tax
warrant is delivered to the collector, this account
should be credited and taxes debited.
At the close of the year, journal entry should
be made debiting all unexpended appropriation
accounts (the object for which the appropriation was
made having been completed) and crediting revenue.
The estimated receipt account should also be closed
out into the revenue account, at the close of the year, and
the revenue account closed into the excess and deficiencies
account.
Estimated Receipts: The amount of estimated receipts
deducted by the assessors in determining the
amount to be raised by taxation should be debited
to the estimated receipt account and the revenue
account credited; as cash is received estimated
receipts should be credited and cash debited.
123
Taxes: - Upon the delivery of the assessor's warrant
for the collection of Taxes, a journal entry should be
made debiting taxes with the total amount of that
commitment and crediting revenue, state tax, county
tax, state highway tax and overlay with the several
amounts appearing in the warrant.
As money is paid into the town treasury, cash
should be debited and the tax account credited. When
abatements are granted by the assessors, a journal
entry should be made crediting taxes and debiting
overlay.
Commonwealth of Massachusetts, State Aid: - This
account represents the amount due from the
Commonwealth, for State Aid disbursed during the
previous year. Upon receipt of money from the State
cash should be debited and State Aid credited.
At the close of the year, a journal entry should be
made debiting State Aid due from the Commonwealth
and crediting the State Aid account appearing in
the appropriation section of the ledger with the
amount of State Aid disbursed during the year.
Poor Department Accounts Receivables: - When bills are
sent to the State cities and towns or individuals for
aid rendered paupers not having a settlement in
the town a journal entry should be made debiting
the poor department accounts receivable and crediting
departmental revenue with the amount of the charge;
as cash is received the accounts receivable account
should be credited and cash debited.
The same procedure should be followed in the case of
accounts receivable of all departments rendering bills
for amounts due the town.
Water Rates; - Upon receipt of notice from the water
registrar of the amount of commitment of water
rates, a journal entry should be mad debiting
water rates and crediting water revenue with the
124
amount of the commitment as money is paid into
the town treasury water rates should be credited and cash
debited.
Overlay: - When ever abatements are granted by
the assessors, a journal entry should be made debting
overlay and auditing taxes for the amount of the
abatements. Any balance in the overlay account
in excess of the amount of the warrant remaining to
be collected on abated should, by journal entry be
transferred to the overlay reserve fund.
Overlay Reserve Fund: (Overlay surplus): This account
represents the surplus or difference between the overlay
and the abatements granted by the assessors, and
should be reserved for extra ordinary or unforeseen
expenses, as required by Chapter 649, Act of 1913,
as amended by Chapter 823, Act of 1913
Revenue Loans: Whenever loans are issued in
anticipation of revenue, the cash account should
be [strikethrough] should be [strikethrough] debited and the revenue loan account
credited; when the loan is paid, a warrant should
be drawn; revenue loan account debited and
cash credited.
Departmental Revenue (Not available until collected):
This account represents revenue of the several
departments on account of charges for services
rendered on materials furnished. At the end of
each month the amount of cash received on
account of departmental charges should be
credited by journal entry to the proper appropriation
account, and departmental revenue
should be debited
Water Revenue (Not available until collected): This
account represents revenue of the water department
on account of changes for water rates, etc. At the
end of the month the water revenue account should
125
be debited with the amount of cash received during the
monthe on account of water, etc., and the water
department appropriation account credited.
Act Bonded Debt: When debt is increased by the issue
of bonds or notes (for other than temporary revenue loans),
a journal entry should be made debiting net bonded
debt and crediting the specific loan account. When
the bonds are paid, the specific loan account should
be debited and net bonded debt credited.
Trust Funds: When money is received the income of
which is to be used for some specific purpose, cash
should be debited and the special fund account
credited. A warrant should be drawn authorizing
the treasurer to deposit the amount in the savings
bank, cash should be credited, and trust funds
(cash and securities) debited.
As income is withdrawn from the bank, cash
should be debited and the specific purpose for which
the fund was created (such as library, cemetary, etc.),
credited. At the end of the year, the income in
excess of the withdrawals should be entered on
the books by debiting trust funds (cash and
securities), and crediting the specific fund account.
Hallie C. Blake
A true copy, Attest.
Arthur W. Hatch.
Town Clerk
126
Report of Committee to Consider
the Question of Street Lights in the District Bordering
upon or Adjacent to Bow St. East Lexington.
Submitted at Adjourned Town Meeting May 3, 1921.
Town Records, Volume 15, Page 220.
Your committee has held several meetings
and has given much consideration to the
designated matter since its appointment two weeks
ago, and while we are not prepared to say that we
have considered the matter with the utmost thorough-
ness, we have, however, reached certain conclusions
which we will report as a report of progress and
which may be considered as final if the Town so
desires.
The particular district or area with reespect to
which the Committee was requested to report in not
provided with accepted streets, and in the opinion of
your Committee it would be unwise for the Town
to establish a precedent by undertaking to provide
lights upon unaccepted streets.
The streets in question appear to be very nearly in
condition to satisfy necessary requirements in that
respect for recommendation to the Town for acceptance,
and it seems to your Committee that the residents
in the locality in question should either proceed actively
to complete the preliminary conditioning of the
streets and seek their acceptance by the Town, in which
event lights etc, would follow naturally in due concern,
or else the residents in that vicinity should
arrange with the Edison Company for installing
upon Private account such street lamps as may be
required, and to the extent that such residents are
willing to pay for. One such street light in already
maintained privately. It has been ascertained that
the Edison Company will install street lights in that
locality for private account at the same rate that
127
they would install them for the Town account provided
the distance without lights or taken is not too great, we
understand if the distance between lights exceeds 250 feet
an extra charge would be made.
At the last previous adjournment of the present town
meeting at which this committee was appointed, much was
said in behalf of the appeal of the residents in this
locality that, where as the area as farm property originally
turned into the Town only $70. annually for taxes, the
same property now developed towns in about $3000.,
showing an apparent gain to the Town of over $900. in
inerme from that particular area and apparently justifying
more liberal treatment than has been accorded it.
The president of the Planning Board, who is also a
member of the committee, has, however, by figures that
must have required a great deal of time in obtaining,
but which appear to be beyond reasonable question, shown us
that, upon the basis of average number of children per
family that obtains in the Town - and the average
appease to be no higher in this particular locality
than elsewhere - - it costs the Town for educating the
children alone of the fifity families occupying this
area something more than $4000. per year of sub-
stantially more than the whole amount of taxes
received from this locality; and further that if the
various other agencies supported by the Town for the
benefit of it's citizens, such as police, fire protection
etc, be taken into consideration, the Town expends
anually some $11,000. with respect to this locality and
receives therefore in taxes only $3000. showing a net
loss or burden to the Town of $8000. annually with
respect to this particular locality.
In direceting attention to this aspect of the
situation, your committee is not unmindful of
the fact that all parts of the town count in
the nature of things be found wholly self sustain-
ing; it is inevitable that many portions of the
Town fail to carry themselves upon a per capita on
128
her family basis but this does not mean that such
portions of the Town are not desirable.
It is well, however, to bear in mind that there is no
limit to the number of localities such as this that
can be successfully absorbed by the Town without
carrying its maintenance cost or tax rate to a
figure that will be prohibitive unless there be
some radical adjustment in other respects.
The Town must grow by adding to its population
by means of some such developments as the one
under consideration -- it cannot well grow otherwise,
but how may the Town be permitted so to grow without
sooner or later becoming over burdened with the cost
there of as compared with the income there from.
The answer very clearly is that the remedy lies in
the way development is handled and in the way the
valuations of the Town are placed by the assessors.
The statutes of our state, particularly Chapter 80
of the new General Laws, known as the Betterment
Act, provides for the construction and installation of
improvements in highways, and in matters of
Public Service under a new system by which the cost of
such improvements may, always to a substantial extent
and usually to a full extent, be assessed as betterments
upon the porperty that is benefited. your Committee
recommends that the Town requests its Officials and
Boards to recommend or authorize no further improvements
in their respective departments, such for example
as that particularly under consideration, with out
first considering if it may not be possible to effect the
same under the Betterment Act and where possible to avail
of the Betterment Act. This will largely take care of
the costs of the various improvements, placing the
same equitably upon the owners of the properties
to be benefited thereby, and, of course no property
owner should nor probably would they object to
paying their proper and fair proportion of the cost
of any improvement that added to the value of their
129
respective properties.
Your Committee is advised that where this practice is
uniformly persued, as for example, in the neighboring town
of Watertown, property owners almost without exception accept
the Betterment Assessments without objection.
The application of the Betterment Act, however, leads
directly to the matter of valuations and assessments, and it is
here, in the opinion of Your Committee, that the fundamental
difficluty resides in connection with the provision of just and
proper accomodation and convenience for localities such
as Your Committee has been called upon to consider and
in respect to lighting thereof, as well as to other utilities.
Even with the uniform application of the Betterment
Act, the problem for the Town would not be wholly solved;
unless valuations are fundamentally and substantially
corrected, the application of the Betterment Act would
be difficult and perhaps inequitable in many instances.
The locality under consideration is only one of many
already existing in Town with repect to which similar
problems must arise, and without doubt numerous other
localities will come before the Town in the future; and
if the Town is to be saved from an overwhelming tax
burden, a new system for arriving at valuations
must be adopted so as to remove numerous inequalities
that already exist and to assure that every property
holder shall pay his just proportion of the taxes, no
more and no less.
While not strictly involved in the immediate
consideration of the particular matter referred to your
Committee, yet one underlying the working-out of
that matter as well as others of like nature, your
Committee recommends for immediate and necessary
consideration the matter of adopting forthwith the
most up-to-date system for assessing taxable values
in the Town. Respectfully submitted.
F.L. Emery Chairman.
W.R. Greeley
J. A. Wiggin
April 14, 1921.
[written in margin]
A True Copy
Attest. Arthur W. Hatch
Town Clerk
130
Report of Committee,
On Town Form of Government.
Presented at Adjourned Town Meeting April 25, 1921.
Town Records, Volume 15, Page 216
To the Town of Lexington:
The Commitee appointed to study the
present form of Town Government and recommend
changes, reports as fellows:
The present form consists of about 20 elected Boards
or officers with an appointed Finance Committee
of 15 members, which committee acts in the
capacity of critic of the elective Boards, their
criticisms being directed soley to the expenditure
of the Town's money. Most all of these Boards
constitute agencies for the spending of the Town's
monies with out any repsonsibility for the raising
of their funds, and but one Board, namely, the
Assessors, who duty it is to raise the funds,
has no responsibility as to disbursement. These
Boards and Officers are under no obligation to
come together to consider the welfare of the Town
as a whole; each acts independently and often
without regard to results of tax rate, but solely in
the interests of its particular department, resulting
in a complete lack of real coordination and joint
respnsibility. Efforts have been made to cure this
condition through the Finance Committee.
Results are altogether too obvius. Boards elected by
the voters, responsible under the law, while deferring
to a committee of citizens, does not recognize any
authority or responsibility in the Finance Committee
as there is none in law.
It is natural for a Baord, in preparing its estimates
in anticipation of an examination by the
Finance Committee, to ask for more than it expects
to get, and, then by compromise, get more than it really
131
needs. The actual results are largely negative.
This Committee feels that Positive results can be
obtained by placing the joint responsibility of raising the
funds necessary to conduct the Town's business affairs
squarely upon those persons or Boards which the voters
elect to administer its business, and that by a consolidation
of six of its present departments it can produce greater
effiicency. After careful study of the various forms of
Town Government in force in Massachusetts, we recommend
the following.
1st. That the Board of Selectmen be constituted a
Board of Selectmen and Public Works, having
all the dutes now imposed by law upon the
Selectmen and, in addition, those of the
Sewer and Water Commission, Park Commission,
Road Commission, and Tree Warden; and that
the Board so constituted be empowered to
appoint a Superintendent of Public Works.
2nd: That the Board of Selectmen appoint the
Assessors
3rd:- That the Board of Selectmen & Public Works
be increased to five.
4th: That the Board of Selectmen be authorized
to act as Overseer of the Poor.
5th: That the Annual Budget be made up by
the Board of Selectmen and Public Works,
School Committee, Cemetery Committee,
Board of Health and the Finance
Committee sitting jointly.
With such a consolidated Government, coordination,
cooperation and efficiency should
follow.
132
Those who spend the Town's monies must share
in the responsibility of raising it.
The making of the Annual Budget by the
Boards in joint conference with the Finance
Committee will result in a clear understanding
of the Town's needs.
That by having five members of the Board
of Selectmen and Public Works we will minimize
any chance of dominations.
That the appointment of the Assessors
by the Board of Selectmen will remove this
one important department from political contests.
That by making the Selectmen the
Overseers of the Poor, eliminate the necessity,
of the Selectmen taking out separate nomination
papers.
Thus will the responsibility for the proper
conduct of the Town's affairs be focused particularly
on one main Board, responsible in all
details to the voters.
To accomplish the foregoing, it is necessary
to adopt the following proceedure:-
1st: Obtain special legislation making the
Board of Selectmen, also a Board of Public
Works
2nd Amend our by-laws so as to provide for
a Board of 5 Selectmen.
3rd:- Amend our by-laws reducing the Finance
Committee to 3, with the duty to sit with the
joint Boards in preparing the Annual Budget,
without power to vote, but with the duty to report
its findings to any Town meeting involving
appropriations.
4th:- Amend our by-laws, imposing the duty
upon the Board of Selectmen & Public Works, the
School Committee, the Board of Health, the
Cemetery Committee, and the Finance Commitee, of
133
preparing an annual Budget, and the further duty
of investigating and reporting on all appropriations outside
of the Annual Budget.
5th:- to give the Selectmen power to appoint Assessors
and Assistant Assessors, the Town must adopt the
provisions of the Acts of 1920, Chapter 591.
At present, the Selectmen take out separate
nomination papers for Overseers of the Poor, the Town
should adopt the Acts of 1920, Chapter 591, in reference
to this subject, and establish legally a custom which
has prevailed for many years, namely: to have
the Selectmen and the Overseers the same persons.
In the special act, creating the Board of
Public Works, it is propsed to incorporate a provision
whereby at any time after a trial of 3 years the
voters can separate the Board of Public Works from
the Board of Selectmen. In the case of Assessors
appointed by the Selectmen and the Selectmen
acting as Overseers of the Poor, the act of 1920
provides for a revocation of these powers after 3 years.
The changes in one form of Goverment would,
therefore, be given a reasonable trial and if results
do not measure up to expectations, the voters
have not lost control of the situation.
The Committee wishes to recommend that, as
soon as it is made possible by an amendment
to the Constitution of the Commonwealth, the
town adopt a system of representative voting.
The Committee realizes that if there is any
large public interest in any matter brought
before the town the voters have no suitable
place in which to hold a town meeting. If the
town wants an opportunity to vote, and it is
physically impossible to get the voters in our
town hall, the representative system provides
134
a remedy. We think the present system would
end in minority rule, and we believe that the town
must have majority rule. The only way that
can be accomplished is through representative
voting. Until the Constitution is amended, however,
there is nothing that can be done in reference to
it, but when the amendment is made we
think that a body representing small localities
in the town should be elected, and that the
number of representatives should be, at least,
ten for every one hundred voters.
Your Committee through its investigation
of the town and the town's business by the various
departments, has seen fit to recommend many
changes, but the Committee wishes it distinctly
understand that, although it has reccommended
these, it does not do so because we have found,
or felt, that there has been any maladministration;
on the contrary, the Committee
think that the affairs of the town have been
well handled under the limitations of the
present form of Government. In recommending
changes we do think we are giving the town
a better and more modern machine for doing
the town business than they have had heretofore.
We think this machine will do more work at
lower cost than the old machine, consequently
we recommend adoption of all changes.
The foregoing plan is simple, direct and
democratic. It maintains the theory and
principle that the Board of Selectmen be
responsible to the voters. It provides the
Board with the machinery for executing its
affairs, and at the same time, holds it solely
responsible.
A true Copy,
Attest:
Athurt W. Hatch, Town Clerk
James Stuart Smith
George L. Gilmore
A. B. Tenney
A.H. Bernham
H.L. Wadsworth
135
Report of Committee on Collection
of Ashes and Garbage
Submitted at Town Meeting May 3, 1921
Town Records Volume 15, Page 221
In arrriving at estimates for the collection of ashes
and garbage, your committee orignally figured on
giving service to all but the remotest house in town.
This service would have required the services of twelve
men and six double teams, three days each week for the
collection of ashes and an equal amount of labor for the
collection of garbage. Based on the prevailing wage for
town labor the committee figures the expense for collecting
ashes would be approximately 7400 for giving service to
about 900 houses over a distance of 12 to 15 miles of
town roads and giving weekly collections eight months of
the year and monthly collection during the summer months.
June, July, August and September. To serve the same
for garbage the expense would be some what larger as the
service would be required weekly throughout the year. We estimate
this figure for the year would be approximately 9500 with some
slight rebate derived from the sale of offal.
The committee felt these amounts were too large to ask
of the Town in the present state of its finances.
Consequently, the territory to be served was lessened to
take in only the strictly residential sections. This would
include Mass. Ave, from Hill St to Pelham Rd., Linden St., from
the Pumping Station to Parker, Elm Ave, lower Bedford St,
Hancock St, to Adams to Merriam St. Merriam St, Oakland
St, and the Sts between Hancock and Oakland sts. Parker,
Clarke, Forest, Raymond, Muggey and Waltham St., to the
Mulliken Place, Winthrop Rd, Slocum Rd, Bloomfield St.,
and the Bloomfield Hill section as far as Pelham Rd.
This would serve about 400 Houses. The question of
ashes and garbage should be considered separately.
At present the garbage is collected at no expense to
the town by private parties who act under permits
granted by the Board of Health. So far as this Committee
136
investigated the service is fairly satisfactory. If the town
should undertake this collection it wouldcost approximately
4500 to serve the hours in the section mentioned above.
The towns owns an offal wagon which is ready for use,
but to cover this territory it would be necessary to pur-
chase another wagon. The garbage could be collected by
contract probably for a good deal less than the sum
mentioned above, but under that arrangement it is
doubtful if the service would be more satisfactory than
at present. As the work is now being done in a fairly
satisfactory way at no expense to the town the Commit-
tee recommends that no change be made in the present system at this time
To collect ashes in the above mentioned district
we figure three double teams working three days a week
for 39 weeks would do the work.
2 Men @ 4.50 = 9.
2 Horses @ 1.00 = 2. $ 11. x 3 = $ 33. x 39 = $ 3861.00 Exps. 75.00 Super 100.00 = 4036.00
At an annual expense of about $4000.
This would serve about 400 houses, the Churches,
Schools and Public Bldgs with the exception of the
Parker and Adams School, Follen Church and
Library for which arrangements could easily be made.
This service would require the householder to put
his ash barrels on the side walk for collection. There
are some who do not care to take the bother of
taking ashes out of the cellar. To such town collection
will not be interesting. If estimates arrived at are
correct and all families mail thus of the service,
the work can be done at a cost per family of $10.00 per
year. At the present cost of 20c per barrel for
removing ashes there are many families paying $15.
and over per year for this service. From the Town
Reports of last year the Town paid for removing
ashes from the Town Hall, Library and Elementary
Schools over $350.00 The Committee reccommends
137
that the cost of this service be divided pro rata among
those using the service and that Public Bldgs using the service
pay a somewhat larger rate than the householder for the greater
service rendered. The Committee recommends a three months
trial of the collection of ashes for the period from Oct. 1, to
Dec. 31st 1921, that the work be done under the direction of
the Board of Health and that the sum of $1500. be appropri-
ated for this purpose. Thes three months trial, the Commit-
tee feels will give the town actual figures on which to
base an appropriation for another year should the
town decide to continue the service.
Signed | L.T. Redman
| James A. Wilson
| E.H. Sargent.
A true Copy, Attest Arthur W. Hatch Town Clerk.
138
Report of Committee appointed to act with the
Selectmen for the purpose of Studying the Needs of
the Town in Reference to its Highways and Recommence
a Definite Scheme of Road Building and
Maintenance.
Submitted at Town Meeting, May 3, 1921.
Town Records, Volume 15, Page 219.
The subject of highway construction and maintenance
is one that is being considered throughout the country
by National Government states, cities and towns
and appropriations are being made in such amounts
as would have seemed fabulous ten years ago, as
present means of transportation destroy in a season
the good roads build of water bound macadam which
were substantial enough for the traffic of the
last decade. Therefore, roads must now be built
to carry not only the fast moving automobiles, but
the trucks carrying weights up to ten (10) tons or
more. These facts show that our road upkeep must cost
us more than in the past.
Under the vote as above, your Committee finds
not only the problem of new construction of road that
will last, but also questions involved in the organization
of the Street Department of the Town for the
maintenance and care of these roads when built.
After conference with numerous experts and
studying the situation in Lexington, your Committee
feels that for our Town, with limited means available
for road building, that bituminous macadam construction,
similar to that upon the State Highway to
Concord, would prove most practical and economical,
and our recommendations and estimates of costs
are based on such construction.
In passing, however, we may say that this Committee
has given attention to the possibility of using cemebt instead
of macadam, but we feel that this form of construction
139
is still more or less of an experiment, but as the cost is only
slightly more than macadam, it may be advisable for
Lexington to build a short stretch of this material and see
how it works out.
- Drainage. -
We feel that in the past too little attention has been paid
to the matter of Drainage. We mean not only draining the
sub-soil, but provisions for the disposal of storm water, and
our estimates are included to cover both these features, and,
naturally, add materially to the cost in some localities.
The Committee finds the following streets in such bad
condition that repairing them to any great extent would be
wasting money; therefore, rebuilding or re-surfacing is
imperative
Bedford Street
from Elm Avenue to the crossing of the Boston & Maine R.R.,
a distance of 4750. ft. can be rebuilt with a bituminous
macadam twenty four (24) feet in width, including the
necessary drainage for about $28,000; but in as much as
a sewer should be laid upon this street for about 1000 ft.,
from Elm Avenue northwesterly, the Committee recommends
a more temporary and less expensive method be employed
on this portion of the street, and also that all underground
structures and utilities be put in proper condition before
any permanent road construction work is done, and so
avoid the necessity of digging up the service as soon
as finished.
From the railroad crossing to the Davis place is
about three quarters of a mile, and we feel that the
State should take over this piece of road, connecting as
it does with the State Highway to Bedford, built a
number of years since, and now badley [sic] in need of
rebuilding. In fact, the State Commissioners have this
matter now under consideration, In the meantime,
some patching will be necessary to make the road reasonable
passable.
[140]
Waltham Street.
This road needs rebuilding along most of its length,
but, for the present, we recommend that it be rebuilt
from the State Road to Allen Street, and from Concord
Avenue to the Waltham Line, a distance of approximately
4400 lineal feet, at an estimated cost of
$40,000.
We have had tests made of sub-soil and find
much of it of a clay nature, and this would have to
be removed to a depth of about 18 inches below the
present surface, and refulled with 12 inches of good
clean gravel, and 6 inch bituminous surface built
thereon.
From Concord Avenue to the Waltham Line
has already been laid out by the County Commissioners
60 ft. wide to conform with the present width
of this road between Middle Street and Concord Avenue.
This will necessitate some little widening, but
we are hopeful that the County Commissioners will
help defray the cost at this point.
Lowell Street.
This entire street from the Arlington Line
to the Burlington Line is in horrible condition, and
we have been informed that the State Department
of Public Works have practically agreed with your
Selectment to take over that portion of Lowell
Street between the newly constructed State Road
at Summer Street to Woburn Street, and from Lowell
Street over Maple Street to Massachusetts Avenue,
rebuilding this entire piece and maintaining from
Summer Street to Maple, and Maple Street to
Massachusetts Avenue as a State Highway, providing
the Town will pay one-half the cost, approximately
$45,000 or $50,000.
This matter is referred to in Article No. 48 of the
[141]
Town Warrant and your Committee feels that it would
be most desirable to secure this contribution of State and
County, provided the Town had the money; but, if this
appropriation were made, then under our present borrowing
limits, there would be nothing left for Bedford and
Waltham Streets.
We therefore, suggest that the matter of making this
contract be left to the Road Commissioners to act with
this Committee, as it may be possible to induce the State
and or County to construct a part of Lowell Street at this
time, the Town making some contribution which would not
exhaust our entire available funds.
We have no mentioned the worst propositions we have to
meet at present, and summarizing them, we have
Bedford Street at an approximate cost of $28,000.
Waltham Street " " " " " 40,000.
Lowell Street " " " " " 45,000
Total $113,000.
Later, if the Town is to follow a continuous plan of
permanent road building, you must consider
Pleasant Street to Watertown and
Watertown to Belmont Line, $25,000.
Waltham Street Massachusetts Avenue
to Middle Streets (without widening) $25,000.
Facing $113,000 expense on the three above named
streets, we will now consider the amount of funds available.
The present valuation of the Town, or rather an
average of the past three (3) years, up to December 31st.,
1920, upon which the borrowing capacity of the Town is
based, amounts to $9,107,023. The limit of indebtedness
is 3% of this average valuation, which amounts now
to $273,201. The present Town debt of Lexington
December 31st. 1920. amounted to $380,200 from
142
which may be deducted
Water Debt. $82,600.
Sewer Debt. 80,000.
making a total of $162,600.
Which leaves a net borrowing capacity of $55,610, less
a further reduction of $2000, for bonds authorized but
not issued. The amount available for a bond issue
today is $53,610. Therefore, this amount is all you have
to come and go on, unless, by an act of the Legislature
you are enabled to exceed this limit
The Committee recommend that $50,000 be borrowed
a bond issue and expended for the purpose
of rebuilding, Bedford Street, Waltham Street or
Lowell Street, so far as the money will go.
It may be possible to get special legislation
granting the Town permission to borrow in excess of
its present limit but we realize that in suggesting
the borrowing of $50,000. over our debt limit there
are important questions of Town finance involved.
To carry out the plan of road building we have
outlined this loan is desirable, but it is a
question we prefer to leave to the judgement of the
voters without undue emphasis on the recommendation.
As the time for introducing new legislation
would be passed before your next Town Meeting,
we have prepared a Petition to the Legislature,
and your Selectmen have presented it to
the proper committee, but this need not in any
wise influence the Town in its action in reference
to this proposed additional loan, as all action
will await the decision of the Town at its present
meeting.
Under a special act, it is quite possible that
the Legislature would permit the Town to
borrow an additional $50,000. for a term of ten (10)
or twenty (20) years instead of five (5) years
allowed under Statue, and this is worth considering
in any action you may choose to take,
[143]
and, further, if the Town is given the privilege of
borrowing this money, it would still be necessary for the
Town to vote to avail itself of the privilege, and as to its
disposition at a future Town Meeting.
The Committee recommend that hereafter all new
work to be done by contractors, under the supervision and
specification of our own Engineer, or in connection with
the Department of Public Works, or County Commissioners.
We recommend that all streets accepted hereafter
be constructed under the Betterment Acts.
Highway Maintenance Department.
The Committee feels that with the large amount of
new construction contemplated, this Department should
be materially reduced, and that where extended repairs
are necessary, the work should be done by contract
leaving to the Maintenance Department of the Town
the task of minor repairs, street sweeping, cleaning
catch basins and the like; and, for this purpose we
advise that the Road Commissioners establish a
Department consisting of not more than ten (10)
men and a foreman, who shall act under the direction
of the Engineer, and the Road Commissioners. We
recommend that not more than three (3) double
teams and two (2) single teams with the necessary
outfit, and the steam roller be maintained, - at
least until the end of the present season, and then
reduce the force if found practical.
We recommend that the present method of taking
care of the horses, at the Town Tarm be discontinued,
and that one man be employed to give his time
to the care of the horses, and to work about the
Town Farm, - the cost to be divided between the
two departments.
We recommend also that the Highway Department
remove the ashes from the public buildings as necessary;
there by effecting a saving of several hundred
[144]
dollars per annum.
Under this arrangement we feel that the Department
will be enabled to keep our roads in fairly
good condition, and, as year by year, permanent
roads are built, the necessity for large appropriation
for this Department and annual up keep can be
still further reduced.
In making a careful survey of the Town roads,
which cover practically 55 miles, we find many of the
roads, aside from those we have mentioned, in bad
condition, but would with intelligent patching and
repairs serve us for sometime to come, and without
going into too much detail, we recommend that
Massachusetts Avenue from Arlington Line to Middle Street,
Percy Road to Slocum Road,
Waltham Street to Bedford Street
be carefully patched, and when necessary, coated
with asphalt and pea stone, and that other streets
radiating principally from the center of the Town
be treated in a similar manner, and we estimate
that your principal streets covering various districts
of the Town can be put in very good condition
for approximately $19,000., and we recommend that
all of this work be done by contract so that it may
be entirely completed on or before July 1st., so
that we may have the benefit of good streets during
the balance of the year.
The employees of the Town in the Maintenance
Department will then have opportunity to work upon
the various gravel roads that need attention, but
we feel that all road work, including new construction,
should be completed not later than
September 15th.
We estimate that it will cost for the Maintenance
Department, as outlined, for salaries, labor
and materials, $16,000. This added to the $19,000.
[145]
for repair work totals $35,000. Your Committee recommends
a further appropriation of $35000. to be assessed the
current year.
We believe if this program is carried out that you
will have satisfactory streets, as well as having made
a good beginning in the building of permanent
highways.
Highland Avenue.
This matter is referred to the Committee under
Article No. 46 of the Warrant, and we recommend
that the street be accepted as laid out by the
Selectmen and Road Commissioners, that necessary
money be appropriated for its construction, and that
the cost be assessed upon the abutters.
George W. Taylor
Albert B. Tenney
Henry L. Wadsworth
Board of Selectmen[:]
William S. Seamman
Jay O. Richards
Joseph R. Cotton.
A true copy, Attest
Arthur W. Hatch
Town Clerk.
[146]
1922.
Report of Committee on Town Forest.
Submitted at Adjourned Town Meeting April 3, 1922.
Town Records, Volume 15, Page 279.
Report was accepted and the Committee was discharged
The committee has investigated the offer made by
the Massachusetts Forestry Association to plant free of
charge five acres of forest-tree seedlings for any Town
in Massachusetts providing land for the purpose, and
finds that in order to take advantage of this offer
a minimum of 100 acres must be set aside for
development into a Town Forest.
The Town of Lexington has not sufficient land to
meet this requirement, and it seems scarcely practical
to purchase land for the purpose. It has
been found, however, that if the Town will set
aside land in any quantity to be reserved perpetually
for a Town Forest, the State Forester is authorized
to furnish free of charge to the Town whatever
seedlinds, pine or spruce, are required to properly
plant the areas so provided. The cost of planting
and maintenance is in this case bourne by the Town.
If desired, the State Forester will provide expert
supervision for the laying out and care of the plantation
at actual cost. About eleven hundred trees per acre are
recommended, and the cost of planting averages
$10.00 per acre, exclusive of clearing the land.
The plantation must of course be protected from
fire and vandalism during the first few years when
the trees are small and easily destroyed. When planted
to posies, as is recommend for this locality, forty years is
allowed for the "crop" to mature to marketable size.
The Town has certain plots of land most of
which is now under the control of the Park Department
which may well be used for Forestry purposes. The
Park Deparment also has about one thousand
small pince which are ready for transplanting to
a permanent location. The Committee therefore
[147]
suggests that $100.00 be provided by appropriation or
other wise to be expended in beginning a Town Forest,
using the seedling trees already on hand together with as
many more from the State as can be handled this season;
this latter quantity will probably be in the neighborhood
of 5000. This will show what success may be expected
from such an undertaking, and what further expenditures
may be warranted for succeeding years.
This will no doubt require a vote by the Town to set
aside certain portions of the Town lands to be designated
as a Town Forest, together with provision for future
care and protection. The lands occupied will not only
be beautified in most instances reclaimed from a waste
condition to one of productiveness.
Respectfully Submitted
Edward Wood.
J Odin Tilton
Sheldon A. Robinson
Committee
Lexington, Mass.
March 13, 1922.
A true copy, Attest
Arthur W. Hatch
Town Clerk.
148
1922.
Committe on Railroad Park on Massachusett
Avenue., Boston +. Maine R. R. (Depot Park so called)
Submitted at Adjourned Town Meeting April 17, 1922.
Town Records, Volume 15, Pags 290.
Report of Committee on Laud of Boston + Maine.
April 17, 1922.
Town of Lexington:
We report that some progress has been made
towards determining the facts is regard to the
granting by the Boston + Maine Railroad to Jay O.
Richards of an option to purchase the so called
Railroad Park on Massachusetts Avenue.
We will endeavor to complete our investigation prompt-
ly so that we can make a definite recommendation to
the Town at a Town Meeting to be called for that purpose.
There are apparently three different possibilities
which the citizens of the Town will be invited to consider
and approve or reject.
1. The purchase of this property so that the Town
may determine after careful study of its future
needs, whether it is essential to own this property
and maintain it as an open park, or use it
for other purposes.
2. To determine whetheer they should take the necessary
steps to make a taking for street purposes of a
strip at least fifteen feet wide in order that
Massachusetts Avenue, which is at this point
only seventy feet wide, may be widened to eighty-
five feet.
3 To determine whether in addition to making a
street taking and widening Massachusetts Avenue,
it may not be wise to consider also a further
149
taking to constitute an exterior of Muzzey Street.
This may be worthy of consideration if the town wishes
to attempt to plan for their needs at such future date as
the elimination of grade erossings in Lexington may take
place. Such an elimination of grade erossings would
mean a depression of the present tracks, since the center
of Lexington is the highest point in the railroad grade
between North Lexington and Monroe Station.
Respectfully submitted
W. H. Ballard
Edward P. Merriaw
A true copy, Attest
Arthur W. Hatch.
Town Clerk.
[150]
1922.
Report of Committee on the so called "Depot Park"
on Massachusetts Avenue, owned by the Boston and Maine
Railroad.
Submitted at Town Meeting, May 22, 1922.
Town Records, Volume 15 Page 304.
Report accepted, placed on file and the
Committee was discharged
May 6, 1922
To the Citizens of the Town of Lexington:
At the Town Meeting held April 3, 1922, it was voted
that a Committee be appointed by the Moderator consisting
of three to confer with the holder of the option on the
so-called Depot Park land owned by the Boston &
Maine Railroad, ascertain the facts and report at a
spectial Town Meeting to be called by the Selectmen.
On April 6, 1922 the following committee was
appointed: William H. Ballard, Chairman, Edward P.
Merriam, and Frank R. Shepard.
This Committee has followed these instructions
and because of the conditions which existed we have given
careful thought and study to the whole problem involved
so that we might in our report suggest for your consideration
such action as we believe would result in conserving
the best interest of the Town not only for the
next few years but for the future.
The Boston & Maine Railroad own land situated on
Massachusetts Avenue, Lexington, which is not necessary
for the operation of the railroad except for the maintaining
a street or streets over a portion of the same
to furnish access to the Station from Massachusetts
Avenue. We have all been accustomed to the present
condition which has obtained for a great many years.
This property of the Boston & Maine Railroad consists
of the so called Depot Park or grass plot which
[151]
has a frontage on Massachusetts Avenue today of approximately
170 feet and a depth of approximately 150 feet at
its deepest point. It also consists of the two roadways,
sidewalks and planted space having an additional frontage
on Massachusetts Avenue for approxumately 70 feet or a
total distance between Hunt's Block and the Wooden block of
about 240 feet.
The option in question related to a plot of land
somewhat smaller in shape than the present Park, but
having a frontage of only 140 feet on Massachusetts Avenue
and a uniform depth of approximately 150 feet, except
where the rear corners were slightly rounded, containing
according to the plan of the Boston & Maine Railroad,
20,012 square feet. This plan retained for the Boston &
Maine Railroad for driveway and sidewalk purposes a
50 feet space on either side of the center plot on which
the option was given.
We understand that this arrangement seemed more
practical to the Boston & Maine Railroad since the owners of
the Hunt Block have a right of way over the forty foot roadway
adjacent to their property. We are not informed at the
present time as to whether the owners of the Wooden block
have ever had any rights in the driveway or sidewalk adjacent
to their property, or have acquired any rights by adverse
possession. The so-called right of way running northerly from
the Station driveway to Meriam Street in somewhat general use
at the present time, does not apparently extend beyond the
rear line of the Meriam Street fire house building belonging
to the Town.
The option to this property ran for approximately sixty days
and expired April 29 1922. The purchase price set forth
in this option was $20,000.
We have received from J.H. Hustis, President of the
Boston & Maine Railroad a letter enclosing copy of letter
written to the holder of the option stating that the option
has expired, also that the Railroad did not desire to renew
the option on the terms suggested.
We have informed Mr. Hustis of the appointment of this
[152]
Committee and have requested that the matter of the
sale of the Depot Park property be held in abeyance until
such time as this Committee could make its report at
a regular Town Meeting at which time the Citizens of
the Towns could have ample opportunity to determine
what action they wish to take in respect to the sale
and future use of any portion or all of this property.
This Committee has not felt that it was wise, or
that it had the authority to ask for, and receive in the name
of the Town, an option for the purchase of this property. We do
feel, however, that such definite action as you may take at
this Town Meeting in regard to the purchase of all
or any portion of the property, will be of great interest
to the Boston & Maine Railroad since they feel
that it is imperative that they prodeed with the
sale of the property.
We have endeavored in reaching the opinion
which we present to your consideration, to view
this whole matter as a matter of business both
from the point of view of the Boston & Maine Railroad
and the point of view of the Citizens of the Town of
Lexington as they are a going business concern. We
appreciate that there may be a sentimental point
of view among some of our citizens which can have
ample opportunity for expression entirely apart
from the business end of the decision which you will
make.
The burden of ever increasing taxes has come on
us so suddenly that we are just beginning to
realize that in order to avoid the same expense in
the future, and reduce our present tax burden, that
we must plan ahead for longer periods and more
wisely than we have in the past. We must realize
that just as the individual citizen develops the
assets and earning power of his business, we as a
Town must develop our assets and increase our
taxable income.
The future development of the Depot Park will
[153]
affect the future of the Town in a great many ways.
You will all probably agree that Massachusetts Avenue,
which is at this point only 70 feet wide should be widened
here and now at least 15 feet to a total of 85 feet, either
by purchasing additional land by agreement, of by
a taking for street purposes.
Have you even considered the illogical street lay out which
we have in the center of Lexington. Four Streets, Clark,
Meriam, Muzzey and Waltham Streets throw their traffic
onto Massachusetts Avenue in a very short stretch, - No
one street being a continuation of the other. This necessitates
in these days of ever increasing automobile traffic
just twice the number of corner turns that would be
required if all of these streets continued across Massachusetts
Avenue instead of being dead end streets as
at present.
Our street approaches to the centre [sic] of Lexington are
excellent by the way of Woburn Street, Massachusetts
Avenue and Bedford Street. The approach to Lexington
by our other main artery of traffic, Waltham Street, is
very crooked and cramped with but very little chance of
being remedied economically.
We have, lying between the junction of Muzzey and
Forest Streets, and Waltham Street at the foot of
Scott's Hill, a large area of land, 80% of which
would be very attractive for building purposes if a
continuation of Muzzey Street was constructed across
the so-called Meadows to the foot of Scott's Hill.
The other 20% of this land would be valuable for building
purposes when it were properly drained, probably
at a moderate expense.
Waltham Street from the State Road to Concord
Avenue is 60 feet wide; Muzzey Street is approximately
45 feet wide. When will the Town of
Lexington have reached a sufficient size or population
to be interested in widening the present Muzzey
Street to 60 feet and extend it to Waltham Street
as suggested? When can we widen Muzzey Street
[154]
more easily and more economically than at the
present time? The 15 foot widening on the northerly
side of Muzzey Street probably would not
interfere with the Old Belfrey Club or the New
England Telephone & Telegraph Company. It would
perhaps necessitate relocating four or five houses
and the Hotel on the corner of Muzzey Streets and
Massachusetts Avenue, either before the street widening
actually took place, or perhaps by imposing a
building restriction at the present time so that no
new building could be erected within fifteen feet of
the northerly boundary of Muzzey Street.
We are all very much interested in our new
Town Hall which will be erected in the near future.
We do not wish to voice any opinion or enter
into any discussion as to the site which should be
chosen for the new Town Hall. If, however, it is
your choice to have the new Town Hall located
at some point in the block bounded by Massachusetts
Avenue, Muzzey, Clark and Raymond Streets, you
will be interested in the decision which you must now
make in regard to the future of Depot Park.
You are all familiar with the two unfortunate accidents
which have taken place near the Meriam StreetCrossing
of the Boston & Maine Railroad. You will be interested
to consider any plan which may offer a possible relief
from the present traffic situation which exists at this
point if you can be assured that it will obviate any
future accidents. Are you interested at the present time
to look far enough ahead so that you can make provision
for a future relocation of Meriam Street starting
at a point near the junction of Oakland Street and
continuing at an easy radius across a new grade
crossing just north of the Railroad Station, there reversing
the radius and crossing Massachusetts Avenue
at a point where it will constitute an extention of
the present Muzzey Street, with or without the suggested
widening of from 45 feet to 60 feet.
[155]
All of these various suggestions which we offer have their
bearing on what action you shall take. We do not want to
make in this report to you any recommendation whatever
in regard to widening or extending Muzzey Street or relocating
Meriam Street, or discussing the question of the
site to be chosen for the new Town Hall. We do want
however, to furnish you with the information upon which
we have acted in bringing you our recommendation.
To refresh your memory, - the Massachusetts Avenue
frontage in question is approximately 240 feet; the rights of
the Hunt Estate to a 40 foot right of way lying north of
the Hunk Block make it essential for the Boston & Maine
Railroad to continue a forty foot street or right of way at this
point. We will for the purpose of illustration, divide the
remaining frontage on Massachusetts Avenue into two parcels,
the next parcel beyond the Hunt right-of-way to have a
frontage of 75 feet which will bring its northerly boundary
approximately on a line with a direct continuation of Muzzey
Street. The remaining parcel with a frontage of 125 feet
constitutes such a portion of the land now owned by the
Boston & Maine Railroad as is essential for the Town to acquire
in order to properly protect its future interests.
If the Town of Lexington decides to acquire this portion of
the property to a depth of approximately 150 feet, or the
entrance to the present right of way to Meriam Street, it
will provide itself with a modest and attractive approach
to the Railroad Station. The Town will then be imposition
at its own convenience to make such plans as
may be deemed wise for altering the present roadway
and relocating the same, or considering at some future
date, the relocation of Meriam Street to intersect Massachusetts
Avenue at this point. In considering the
purchase of this parcel it would be necessary to agree
with the Boston & Maine Railroad to maintain in the
future a suitable roadway from this land for the
purpose of giving the proper access to the station.
The remainder of the Railroad Park described as
the lot having a frontage of 75 feet on Massachusetts
[156]
Avenue with a depth approximately 150 feet might
then be available either for sale to a group of citizens of
the Town who might be interested to purchase the
property and present it to the Town, or for sale in the
ordinary manner without any restrictions. This would
probably mean the erection of a one or two story building
with in the near future to be used for commercial
purposes.
We recommend to the Town that it is absolutely
essential that the necessary steps be taken to provide
for a 15 foot widening of Massachusetts Avenue
for the entire frontage of 240 feet.
We recommend that the Town purchase the parcel adjacent
to the Wooden Block and having a frontage of
approximately 125 feet on Massachusetts Agenue, and a depth of approximately 150 feet, subject to its not being burdened
by unusual restrictions and subject to an agreement
that the Town will lay out and maintain a street or
right of way for use by the Boston & Maine Railroad;
the cost to the Town of such a purchase to be not
more than $10,000.
We recommend to the Town that if within the next
sixty days after the Town has agreed to purchase the
so called 125 foot lot, this Committee can by public
subscription among the citizens of the Town secure the
sum of $10,000. and negotiate the purchase of the so-
called 75 foot lot and present the same to the Town,
that the Town accept the gift of said 75 foot lot
with the understanding that it may use the same
for street purposes, or for such other municipal
purposes as may hereafter be determined
We have placed in the Town Warrant such articles
as it seemed to us were essential in order to give
the citizens at this Town Meeting ample opportunity
to take such action as they might wish in regard
to our recommendations.
We hope that after a full and free discussion
of this question that your Committee may have
ample opportunity to make clear to you any point
[157]
which has not been satisfactory covered.
We suggest that in taking action under the articles
provided in the warrant that the Committee be allowed to
suggest the order in which action may be taken under
the articles in order that we may accomplish the result
which the majority of the citizens present may agree upon.
We do not believe that the Town of Lexington should expend
any of its funds for purchasing additional land
for Park purposes. We do believe, however, that if it
is the sentiment of a substantial number of the citizens
of the Town that they desire to contribute by private
subscription to a fund for the purchase of a portion so
all of the Depot Park property that the Town should
take favorable action upon the acceptance of such a
gift, notwithstanding the obligation for a slight maintenance
cost and the apparent loss of taxes.
While the loss of taxes will for the first few years be a real loss, and
while the non-development of a portion or all of the
property with commercial buildings will also mean a
further loss in taxes, we believe that such loss is more
temporary than permanent since if the Town requires
additional commercial buildings and they cannot be
built at this point, it is only a question of time before they will be built at some other point on or near Massachusetts
Avenue, thus bringing about an increase in existing
land values and the erection of such new buildings
as will add to the tax received by the Town.
William H. Ballard, Chairman
Edward P. Merriam
Frank R. Shepard.
[158]
Report of Committee Appointed to Prepare and Present
New Code of By-Laws for Town of Lexington
June 2, 1922.
To the Citizen of Lexington.-
Your committee appointed to prepare and present a
new code of by-laws for the town, having heretofore
made partial reports and presented by-laws on several
subject specially called for, now submites its complete
report as follows:-
At the outset we would respectfully make two
suggestions, which we deem very important, find, that
every voter should carefully read and consider this
report, and second, that as far as possible, all voters,
both men and women, should attend the meeting at
which this report will be acted upon, to be held in
the Town Hall on Monday the 19th, inst., at 8 o'clock,
P.M. All we desire or ask is that the result of that
meeting shall record the fair and unbiased judgement
of the voters of the town, as a whole.
We feel that a preliminary statement regarding
town by-laws in general and our own in particular
will be helpful to a better understanding of our
report.
The belief seems to be quite prevalent that towns
have a general right to make by-laws upon all
matters relating to their affairs and that a code
of town by-laws should be a complendium, or a digest
of all laws relating to town matters, - such however,
is not the fact.
The authority of towns to make by-laws is not an
inherent and unlimited right, but is rather an authority
conferred by the Legislature upon towns to
regulate and manage their internal, prudential
affairs by adopting such orders not repugnant to law
as the voters may judge to be most conductive to
the welfare of the inhabitants of the town.
This authority may be described as embracing
that large class of miscellaneous subjects affecting
[159]
the convenience, safety and welfare of the inhabitants
in their prudential affairs, which by stature or by
usage have been placed under the municipal
jurisdiction of towns; among such statutes are the
following:- General Laws, Chap. 40, Sections 21 to
33; Chap. 39, Sections 16 and 22l Chap. 41, Sec. 71;
Chap. 85, Secs. 5, 10, 11 and 21; Chap. 93, Sec. 29.
Acts of 1921, Chap. 486, Sec. 5.
Town by-laws, to be effective, must be approved
by the Attorney-General and thereafter be published
three times in some newspaper published in the town
or a copy delivered at every occupied dwelling or
apartment in the town.
The rule now followed by the Attorney-General
is that no by-law will be approved which either
declares or violates the provisions of any existing
law, in other words, a proposed by-law which
merely repeats, restates or contradicts existing laws
will not be approved. The proper understanding
of this rule is of great importance, for it has very
materially limited the subject matter and number
of by-laws which may be approved.
In this connection it may be well to state that
a common subject for by-laws has been prescribing
duties for town officers in addition to and outside
of those imposed upon such officers by statute.
While town officers, generally speaking, are not agents
or servants of the town, but by their election become
public officers whose powers and duties are prescribed
and defined by statute yet their duties may be subject
to some additions by town by-laws, provided such
additional duties can be fairly considered as authorized
for the proper management of the prudential affairs
and for preserving the peace and good order of the
town. Referring particularly to the by-laws of our
own town we would say that the last set of by-laws
adopted and printed for general use was approved
November 26, 1888; since then the town has from
time to time adopted such further by-laws as seemed,
160
to be most needed.
At a session of the annual town meeting held
March 13,1905, the following vote was passed, viz.
"That a Committee of two be chosen to revise the
by-laws of the town and attend to the printing and
circulation of the same."
In pursuance of this vote George D. Harrington,
then Town Clerk, and Frederick L. Emery were duly
appointed as that committee.
At a Town Meeting held on April 29, 1911, Mr. Emery
of the committee after making a brief oral statement,
offered a motion that the committee be discharged
and the town so voted; and thereupon, upon Mr. Emery's
motion, the following vote was passed, namely:
"That a committee of three be appointed by the Moderator,
of which the Moderator shall be one, to prepare and
present a new code of by-laws to the Town."
Under this vote the following committee was appointed
Edwin A. Bayley, (Moderator), Arthur L. Blodgett and
Charles W. Swan, (Town Clerk).
In pursuance of our duties we have examined
our statutes, the decisions of our course bearing upon
the subject, and the published by-laws of numerous
towns; we have also communicated with our town
departments and various citizens of the town who were
interested in the subject.
On March 7, 1920, through the death of Mr. Charles
W. Swan, our committee lost a valued member and the
town a careful and painstaking official. Mr. Swan's
particular service on our committee had been in going
through our town records and communicating with
other towns to gather material for our work, in which
he was much interested.
Shortly after Mr. Swan's death the following
incident occurred, to which we feel it is proper to
make reference. At the session of the annual motion
was offered,- "That the present committee on by-laws
be discharged and a new committee of three be appointed
160
by the Moderator to report at an early date, As the
voter who offered this motion never before nor
since, so far as we know, ever took any interest in
by-law matters, his unexpected action at that particular
time may have been accounted for as an
inspiration. No member of our committee happened
to be present at the time this motion was presented.
There was no article in the warrant under which
according to well-known parliamentary usage, a
motion to discharge our committee could render the
circumstances, be properly entertained. Nevertheless,
the then moderator received the motion and
against objection made by some of the voters present,
it was passed and the Moderator appointed as
members of the new committee S. Lewis Barbour,
J. Henry Duffy and Frederick L. Emery. The situation
was taken up with the moderator, but no satisfaction
was obtained, and there our committee let the matter
rest feeling confident that when the citizens of the town
learned the facts that they would remedy it. Our
confidence was fully justified when, the following year,
at the session of the annual March meeting held on
March 21, 1921, Mr. Emery, of the new by-law committee,
after making a brief statement, offered the following
motion:- "That the committee on by-laws appointed
last April be discharged and that the former committee
on by-laws be reinstated and that the Town
Clerk, Arthur W. Hatch, be appointed on the committee
in place of Charles W. Swan, deceased, and report as
soon as possible." This vote was unanimously passed,
thus closing the incident. Thereafter our committee
resumed its work, which is now completed.
We have endeavored to have our report cover
the most important subjects relating to the management
of the prudential affairs and good order of our
town. Under some of the headings we have made
reference to the existing law on the subjects, and
we have also made suggestion and explanations
which we thought would be an assistance to a
[162]
clearer understanding of the particular matter therein
presented. We have appended to to our report lists
showing, in chronological order, the various general
legislative acts accepted by our town, beginning
with the year 1854, and also the special legislative
acts referring to it beginning with the year 1873,
these lists we believe will be of service as a matter
of information and ready reference.
Our committee would not close this report without
acknowledging our appreciation of the patience and
co-operation which the citizens in general have
shown in relation to our work, and we sincerely
regret the long delay in presenting our final report.
We have spent much time and labor in the performance
of our work, but we shall feel amply repaid
if our recommendations meet with the approval of the
majority of the voters, and work out for the business
advantage and the good order of our town.
While not seeking to excuse our delay, we
would refer to some advantages which have
resulted in making our final report at this time.
These include the consolidation and codification of
the laws of our Commonwealth, which took effect under
the title of "The General Laws of Massachusetts," on
January 1, 1921, and which greatly facilitate references
to the laws as they now exist. Another is the important
and radical change in the administration
of the business affairs of our town through a special
act of the Legislature, Chapter 1 of the Acts of 1922. By
this our Board of Selectment became a Board of Public
Works under the designation of "Selectment" with
all the powers and duties vested in the following
boards, namely: Road Commissioners, Overseers of the
Poor, Water and Sewer Commissioners, Park Commissioners,
Board of Health, Board of Survey and Tree Warden, all
of which boards and officers were thereby abolished, and
to this new form of town government we have sought
to make our report conform.
Your committee presents its specific recommendations
163
in the new code of by-laws annexed to this report
and having thus completed their work, they feel that
the responsibility for the due consideration and the
adoption or rejection of its recommendations now
rests upon the voters themselves.
We fully appreciate that our report may not be
satisfactory to all; that some may feel that it goes too
far, and other, that it does not go far enough, but in
all that we have done our earnest purpose and desire
has been to present such recommendations as we
believe, if put into effect, will prove of permanent
advantage for the business management and good order
of our town: to the end that Lexington may be one
of the best governed and most desirable residential
towns in the Metropolitan District.
Respectfully submitted;
Edwin A. Bayley
Arthur L. Blodgett
Arthur W. Hatch
Committee.
Submitted at a Town Meeting held June 19, 1922
See Vol. 15 - Pg 311.
A true record, Attesd:
Helen C. Gallagher
Town Clerk.
For Code of By Laws - See By Law File.
164
Report on 150th Anniversary Battle of Lexington.
Submitted at Town Meeting, May 9th, 1923.
Your Committee has held several meetings with the
purpose of outlining in a general way the proper and fitting
observance of the 150th Anniversary of the Battle of Lexington,
April 19th, 1925.
The Committee organized with Charles B. Davis as chairman,
and Edwin B. Worthen as Secretary. Subsequently Mr. Davis,
because of prolonged absence from Lexington, resigned as a
member of the Committee and Mr. George E. Briggs was
appointed in his place.
[in margin] See Town Records Vol 15 - Pg 412
The Centennial in 1875 was an occasion of great moment.
The preparations were elaborate, the oration was by Richard
Henry Dana, Jr., and the impression on the country at large
was most complimentary to our honored town. The 150th cele-
bration may not, perhaps, call for so an extended a program
as that of 1875 yet the event is of vital significance and
has its great and enduring lessons for each succeeding
generation. It appears obvious that a celebration in our sister
town of Concord will be closely related to our own in general
plans and observance. It is therefore recommended that an
invitation be extended to the town of Concord at an early date
to co-operate with this town, thus avoiding confusion of plans
and undoubtedly resulting in a more fitting observance in
both towns.
Your Committee has interpreted its work as that of a
preliminary nature which contemplates the appointment of a
larger and permanent committee whose work it shall be to
crystalize definite plans and move vigorously forward to the
celebration itself. Your Committee submits this report as a
report of progress only, with the following suggestions:-
1. That the 150th Anniversary of the Battle of Lexington
be appropriately observed on Sunday April 19th and
on Monday, April 20, 1925.
2. That it is the opinion of this Committee that the
observance be characterized by dignity and reverence,
and that other than booths for the sale of food,
165
there shall be absolutely no booths for the sale of chances,
sideshows, fakirs, hucksters, or peddlers, either amateur
or professional.
3. That the Committee approves the idea of a
Historical Pageant to be given the entire week in June
by the Pageant of Lexington Association or any other
properly constituted body.
4. That the Committee endorses the suggestion made
to Senator Henry Cabot Lodge, by the Lexington Historical
Society that the United States Government be asked to
issue a special commerative postage stamp or stamps.
5. That the Committee has under favorable consider-
sideration the striking off of a commemorative medal of
historical design and pattern.
6. The Committee furthermore believes that in
order to emphasize the spirit of reverence for those 77 men
who made Lexington the birthplace of American Liberty,
that the Battle Green at the time of the celebration be
roped off by laurel ropes and electric lights draped
from 77 posts, that each post support a wreath and
shield bearing the name of one of the 77 men and
also that each post be guarded by a minute-man in
uniform and a soldier of the United States regular
army.
It is perhaps premature to discuss minor details
and yet the Committee ventures to further suggest that
at the time of the celebration during the week previous to
and on the nights of the 18th and 19th of April
the historic houses around the common and the Munroe
Tavern and Hancock-Clark house be illuminated by concealed
floodlights, that all historic houses be marked temporarily
by larger signs and that all old houses shall show by
placards the age and history if any. It is obvious that
there will be an oration, a parade, and that either a
banquet or luncheon will be served to which representative
citizens and guests will be invited. It is also sugested
that a costume or Military Ball be given under the auspices
of the Town Committee.
Your Committee does not seek any definite action
166
in relation to these several recommendations, but it
does hope that they will receive general approval by the
citizens. The Committee, does however desire definite action
in the appointment of a larger Committee and it would
therefore recommend that this present Committee of Seven
be discharged and that a new Committee of Twenty-five
be appointed by the Board of Selectmen and Public Works,
whose duty shall be to mature plans for the proper
observance of the celebration in 1925. This Committee of
Twenty-five shall also posess full power to increase its
number up to and not more than 100 from which group
the various sub-committees shall be appointed. These sub-
committees would naturally be made up of the followin
divisions: Committee on Invitations, Oration and Public
Addresses, Finance, Parking and Transportation, Music and
Salutes, Tents and Decorations, Refreshments, Processions,
Printing, Publicity and Receptions.
A matter which will command the attention of this
new Committee of Twenty-five will be a communication which
has recently been received from Major Alfred Pierce, repre-
senting the Lexington-Men which organization has set
in motion a plan to raise funds for a memorial to the
77 original men of the Battle of Lexington.
The Town cannot over-emphasize the fact of the
great glory that Lexington possesses as the Birthplace
of American Liberty, that in historic importance she
stands second to no other town or city in America.
The underlying purpose of this great celebration should
be to reincarnate in the hearts of our countrymen the
spirit of liberty and freedom which was purchased at so
great a cost.
George E. Brigs
Grace G. Merriam
Robert P. Clapp
Catherine A. Kimball
Charles H. Spaulding
Edwin B. Worthen
J. Wieland Hayden Jr.
Town Clerk.
A true copy acted
167
Report of The Committee Appointed to Attend To The
Publication of the New Code of By-Laws of the Town
in the Lexington Times.
Lexington, October 5, 1923.
See Town Records Vol. 15 - Pg. 435
To the Voters of Lexington:
This Committee was appointed by the following
vote at the session of our annual town meeting held on
March 16th last, namely:
"That the town hereby authorizes and directs the former
By-Law Committee composed of Edwin A. Bayley, Arthur L.
Blodgett and Arthur W. Hatch, to have the Code of By-Laws
as approved by the Attorney General on January 6, 1923,
published for three successive weeks in the Lexington Times
in accordance with the provisions of law, and that the sum
of Three Hundred (300) Dollars is hereby appropriated
and assessed to cover the expenses of such publication."
Our Committee, so appointed, has now completed
its duties and presents the following report:
As the circumstances which called for the appoint-
ment of this Committee never before and probably will
never again occur in our town we deem it fitting to
include in our report the following statement of the facts,
namely:
The report of the committee on the new code of by-laws
had been adopted by the town in meetings held on
June 19, 26 and 27, 1922, and an attempt to rescind
the adaption of so much of said code as provided that
the members of the Finance Committee should not be town
officers had been defeated at a special town meeting held
on September 17, 1922. Thereafter the By-Law Committee
duly presented the new code of by-laws to the Attorney
General for his approval as provided by law. Nearly the
entire code as presented, was approved by him under
the date of January 6 of this year, and immediately there-
after the committee notified the selectmen that they were
prepared to begin publication of the by-laws forthwith in
the Lexington Minute-Man, which had printed the report
168
made by the By-law Committee to the town.
The selectmen requested a little delay to consider the
matter with the then town counsel, and shortly thereafter
they notified the By-law Committee that they approved
proceeding with the publication of the by-laws in the
Lexington Minute-Man as proposed by the Committee, and
accordingly they were so published in the issues of January 26,
February 2 and 9th last.
While this publication was in progress, and without any
previous intimation to the Committee, the Lexington Times
burst forth with the following sensational claims, namely,
that the Times was the only paper published in Lexington;
that a legal publication of the by-laws could be made only
in the Times; that the payment for their publication in
the Lexington Minute-Man could not be legally made with
town funds; that because the Attorney General did not
approve all the by laws adopted by the town those that
he had approved required further action by the town,
and that certain slight changes in the titles and in
the numbering of some of the by-laws invalidated the
whole publication in the Lexington Minute-Man. The
then town counsel appeared to fully coincide with
these various claims in his opinion rendered to the
selectmen.
While the By-Law Committee felt confident that
our Supreme Judicial Court, if any of these questions
ever came before it, would promptly and fully sustain
the legality of the publication in the Lexington Minute-
Man, nevertheless in view of the trouble which the Times
had stirred up and was exploiting for the apparent
purpose of securing the job of publishing the by laws,
we felt that the question should be promptly and finally
set at rest rather than to be the subject of fruitless and
continuing discussion. We therefore suggested as a prompt
practical and final solution of the matter that the
by-laws should also be published in the Times. The
opponents, however, would not accept this very fair and
reasonable sugestion, but inserted an article in the
warrant for the coming annual town meeting which reads
169
as follows:
"To see if the town will vote to rescind the so-called
Code of By-Laws and all action relating thereto taken at
the adjourned town meetings held June 19, 27, and 28, 1922,
respectively."
In order to bring the whole matter fairly and fully
before the voters our committee had inserted in the
same warrant three articles, namely, one, to ratify
and confirm the by-laws as approved by the Attorney
General, one to pay for the publication of the by-laws
already completed in the Lexington Minute-Man, and one,
to publish the by-laws in the Lexington Times. These
four articles were taken up at the session of our annual
meeting held on March 12, last. The meeting was largely
attended and in connection with the very full discussion
of the matter, the chairman of the By Law Committee read
to the meeting the opinion of former Attorney General, J. Weston
Allen, to whom the committee had submitted the various
questions at issue.
Mr. Allen's opinion was a full and careful discussion
of all the facts involved and the law as applied to them,
and it was complete and sweeping in its support of the
validity of the action taken by our committee.
We believe that a summary of his opinion, coming
as it does from one of such high legal authority, should be
included and made a part of this report, which we have
accordingly done as follows:
Upon the issue of whether further action was required
by the town after approval of by laws by the Attorney
General, Mr. Allen stated:
"The attorney general is not constrained to approve
or disapprove the entire by-laws or code of by-laws
as a whole. He may approve in part, and disapprove
in part. Morever the power to disapprove is absolute.
I am therefore constrained to the conclusion that
where a code of by-laws duly adopted by a town
meeting is in part approved and in part disapproved
by the attorney general, and becomes effective when
due publication thereof is made."
170
Upon the issue of changes in title and rearrangement
in numbering of the by-laws, Mr. Allen stated:
"The title of an act is not an integral part of it
and cannot control the meaning of the enacting portions.
Its primary function is to describe in general terms the
contents of the statutes, like side notes, they are guides
to the thing construed rather than a part of it. Under
these circumstances changes in the division headings of
a new code of by-laws intended to make those headings
describe more accurately the contents of the divisions as
approved, should not in my opinion be held to be material
alterations of the by-laws themselves, or to affect the validity
of the approval thereof given the attorney general.
Upon the issue of the legacy of the publication
in the Minute-Man as compared with the publication
in the Times, Mr Allen stated:
"The latter view appears to be that a paper is published
in the town in which is purports to be and is issued. As
the purpose of publication is to reach the public world
seem to be of far more practical importance than the place
in which it is mechanically produced. It is fortunately unnecessary
to decide this question. It does not appear that
any paper was or is published in a town in which it
is issued, it is plain that both the Lexington Minute-Man
and the Lexington Times are published in Lexington.
If, on the other hand, it is assumed without conceding
that a paper is 'published' in the town in which it is
printed, neither the Lexington Times, nor the Lexington
Minute-Man was or is 'published' in Lexington. But in
171
that case publication might properly be made in a paper
published in the county.
As the Minute-Man was and is printed in Arlington
and issued in Lexington, both of which are in Middlesex
County, it is plain that the Minute-Man was and is
'published' in that County.
Under the circumstances, publication in the Minute-
Man would satisfy the statute.
By the same test, however, publication in the Times
would not satisfy by the statute, since that paper is not
printed in the County. It follows that whether the place
of printing, or the place of issue governs, upon the facts
stated by you, publication in the Lexington Minute-Man
was sufficient.
For the foregoing reasons I am of the opinion that
those portions of the Lexington by-laws which were approved
by the attorney general and published in the Lexington
Minute-Man were duly and validly adopted."
The meeting thus having the facts and the law fully
and clearly presented rendered its decisions, strongly
sustaining the By-Law Committee upon each issue, by
the following overwhelming votes, namely:
The motion to rescind the code of by-laws already
adopted by the town was defeated by a vote of 253 to 31.
The motion to pay for the publication of the by-
laws in the Lexington Minute-Man was carried by a
vote of 235 to 9.
The motion to ratify and confirm the code of
by-laws as approved by the Attorney General, was
carried practically unanimously. While the motion
to have the by-laws printed in the Times was carried
only be reason of a most earnest appeal made by the
By-Law Committee to have it done.
Thereafter the Committee, in pursuance of its
duties, began to arrange for the publication of the by-laws
in the Lexington Times. The price made to us was $279 and
500 extra copies of the paper in which the by-laws
were to be published.
Or the price of their publication in Lexington
172
Minute-Man had been $225 and as the 550 additional
copies of the paper would be of no particular advantage
to the town, and as we desired to make some saving in
the price, if possible, we inquired what the actual cord
of printing the 500 copies of the paper would be, with a
view to having that amount credited on account of the price
of $279. Immediately following this inquiry the Times,
with surprising promptness, wholly withdrew that part
of its offer relating to the 500 extra copies of its paper,
and gave us the sum of $279 as its minimum price.
Inasmuch as more or less inquiry has been made
with reference to the delay in the publication, your committee
makes the following references to the correspondence regarding
the matter, which we believe will fully explain the facts,-
The Times informed the Committee that it has arranged
its business so that it could begin publication of the by-laws
shortly after the middle of May, and under the date of
May 15, the Committee notified the Times that a copy of
the by-laws was ready, and it was duly delivered.
Under the date of May 31 we wrote the Times that
although more than two weeks had elapsed since our copy
had been delivered to it, we had heard nothing, and had
received no proof. Shortly thereafter a partial proof
was submitted and under the date of June 6 we wrote
requesting a full and complete proof, which we received
after some days' delay, and on June 11th we returned it for
numerous corrections.
Under the date of June 22nd we wrote that more than
ten days had elapsed since we had returned the proof and
requested that prompt attention be given. Under the date
of June 28, not having received the corrected proof, or any
acknowledgment of our letters of June 11th and 22nd, we
wrote again urging that the matter be given prompt
attention. After further delay the corrected proof was sent
to us, and under date of July 23, we returned the same for
various corrections of errors in the copy and sometime
after another proof was sent us, and under the date of
August 3rd we returned it for a correction of furthur [sic]
new errors.
173
Some two weeks later we received the next proof,
which again we had to return for further corrections,
and our letter dated August 20, 1923 which accompanied
it closed as follows:
"I sincerely trust that you can make these final
corrections and start publication of the by-laws this
week, for it is now over three months since the
first proof was in your hands, and I believe this is
the fifth time we have been obliged to return the
copy on account of important errors in the proofs
submitted by you.
Thereafter the publication of the by-laws was made
in the issues of August 31, Sept 7 and 14th, and thuse
the second publication of the by-laws was finally
completed.
While we believe it is clear from our report that
this second publication was entirely unnecessary as a
matter of law and that it more than doubled the
expense of publication for the town, and has caused
considerable additional work on the part of the Committee,
nevertheless, we believe that it was the best solution
under all the circumstances, even though in our opinion
the citizens thereby "bought their peace."
The "Code of By-Laws of 1922 of the Town of
Lexington" is now in force beyone any doubt or [cavil?]
and it only remains to give it a fair trial and proper
enforcement.
The Committee feels that we cannot close this report
without expressing to you our sincere appreciation of the
remarkable loyalty and unanimity of the support which
we have received from you during these uncalled for and
somewhat trying complications.
Having now completed our duties we present this
report and request that our Committee be discharged.
Respectfully submitted,
Edwin A. Bayley
Arthur L. Blodgett
Arthur H. Hatch.
Committee.
174
Read back
+Checked
-1924-
Report of the Committee of Seven on
Increased School Accommodations.
February, 1924 Town of Lexington, Mass.
The Committee of Seven appointed by the Town
Moderator at the Town Meeting of May 9, 1923 was organized
as the school year 1922-1923 was ending and in the
eight succeeding months the Committee members,
individually and collectively, have studied the many
factors involved, both in Lexington and other towns
similarly situated. Various types of school sydtems
and buildings have been inspected and consultations have
been held with persons expert in school organization,
management and construction. As any construction
must be preceded by legislative authority for incresed
borrowing powers, only possible at this time, and by
further steps by the Town Meeting, no avoidable
delay has been occasioned by your Committee investigations.
Surveys of Lexington conditions have been made
by the Committee and also for ther Committee by a
professional outsider of reputation and, without
setting forth much detail, the Committee herewith
presents its conclusions and recommendations.
These are unanimous, emphatic and specific and
should be carefully weighed by all citizens who have
the welfare of the young at heart.
Your Committee believes that further procrastination
about new school construction, failure to
adopt a far-seeing policy about such construction
immediately, on a spasm of unintelligent parsimony
towards our schools will involve serious consequences
from which no quick recovery will be
possible. There are other expenditures on town
departments and projects which may be postponed
175
with a mesure of inconvenience and which can be
anticipated and cheerfully borne, but failure to keep pace
with school population growth is not one of them.
Before it is possible to catch up on our arrears in this
respect our citizens will be active in protest and
your Committee urges upon Lexington's taxpayers
a truer sense of the relativity and urgency of town
issues than has been displayed. If this is attained
the schools will stand when they ought to benamely,
in the very first place.
When your Committee was appointed the extent
of the over-crowding of our schools at the close of the
1922-1923 school year was fully apparent. In September
1923 the entrance figures were obtainable and in
January 1924 the midyear statistics were available.
These with the past records and a forecast of
school population for the next eight years are
combined in the following table which, considering
that our Lexington schools were thirteen class rooms
short as long ago as 1920, and that after the Parker
School had been occupied, speaks for itself:
[Table]
School Years : School Membership
1918-1919 : 1277
1919-1920 : 1353
1920-1921 : 1504
1921-1922 : 1593
1922-1923 : 1648
1923-1924 : 1700
1926-1927 : 2000
1929-1930 : 2400
Summary of Accommodation Situation:
In brief, your Committee has to report that all
of Lexington's school buildings are now taxed beyond
their designed carrying capcity at the time they
were built and far beyond good school practice today.
In our elementary schools this overcrowding is
extreme. So far, partime schooling has been avoided
176
but only by crowding pupils into attics and basements
and other space never intended for recitation
purposes. Such places are unhealthy, unsightly,
obviously hard on the eyesight and against teaching
efficiency. Even this cellar and attic expedient
will fail to accommodate the natural school
increase in September 1924 and part-time attendance
will be compulsory for several classes and will continue
for a year at least; for, even though act on
toward building is taken at an early date this
spring, no new large building such as your
Committee recommends can be ready for
occupany before September 1925. If delayed beyond
that time, a serious problem will be presented
which cannot be solved however expensive the
make-shifts to which the town may then be
willing to resort. In such a case the interests
of the children will be even more materially
sacrificed than they now are.
Some Facts On Growth Of School Member-
Ship And Lack Of Space.
As has been indicated in the table the school
population of Lexington has been steadily increasing
while no corresponding increase of new
rooms has taken place. For instance, in the
school year 1910-1911 the eight person addition to
the Adams School was completed. Four years
later the four room addition to Munroe School
was built and just met the increase of school
population at that date. Nothing was done for
five years when, in 1919-1920, the Parker School of
four rooms serving a single outlying district, —
North Lexington — was completed. By 1920, however,
the school population had increased 325
or the equivalent of eight class rooms, so
that Lexington was already four class rooms
short after Parker School had been occupied.
In the four years since — 1920 to 1924 — there
has been no new construction of any kind and there
177
has been another school population increase of
300 the equivalent of nine class rooms. Thus, at
the date of this report, February 15, 1924, Lexington
school accomodation is thirteen class rooms
behind in new construction to meet the needs of
the moment alone. This is the reason why
two classes from the Munroe School are meeting
in the High School, two more classes in the
Munroe School basement and three classes in the
dimly lighted, badly ventilated third floor and
assembly hall of Hancock School, and why the
wholly out-of-date Old Adams School has been
kept in commission. In addition the High School
assembly hall has to be regularly used as a
study room.
Your Committee believes that not one of
these rooms should be used as home rooms
for classes a moment longer than is compulsory.
Some of them have cement floors and it has
been a matter of great surprise to visiting
experts to note this evidence of apparent indifference
to interests closely affecting the family on
the part of a community so generally esteemed
for civic spirit as Lexington. Your Committee
members in their visits to other towns have
made the same comparisons to our own disadvantage.
A study covering several years shows that
Lexington should make provision for a future
increase of 100 pupils per year in the elementary
grades alone. In practical terms, we should
increase the number of elementary class rooms
at the rate of three per year.
Having done nothing for four years past and
having added only one isolated school of four
rooms in the last ten years, we have no prospect
of adequate building provision for another year and
a half. The problem , therefore, is to determine how
to provide by 1925 for five and a half years
178
cumulative growth of school membership and for
another five or six years beyond 1925, that is,
for eleven years increase in all.
Lexington covers a large area in proportion
to its population and much of the new home
construction is around the margin of the town.
So widely separated indeed are the sections
where new homes are going up that no reliable
decision can be reached at this time regarding
the proper location of any new elementary schools.
Consequently, reliance on transportation provision
will be necessary for some years. Your Committee
does not advocate any new school project of an
elementary character at this time.
Bearing Of The Junior High School System
On The Problem:
It is beyond argument, therefore, that Lexington
must increase its school accommodations.
This necessity gives the town an opportunity to
adjust its educational organizations to the
universally recognized demands of the time. Our
citizens will recollect that the Town Meeting
on April 16, 1917 voted to adopt the Junior High
School System but it has hitherto been impossible
to realize its possibilities or to have a wholly
consistent application of the principle involved
because of the shortage in school room space.
In view of the large financial demands for
educational space which the town must now
face frankly, it is well to restate here in a very few
words the theory of the Junior High School for it
is a determining factor in your Committee's conclusions.
In the last ten years we have become
keenly aware that we cannot treat groups of children
of the same age by a single uniform educational
program. When most of the present voters in
the town were young, and even quite recently,
the pupils were considered to have failed if they
could not do the tasks the teachers set. In this
179
day, in the light of the great variations now
recognized in native ability and temperament,
the schools, not the children, are rightly adjudged
to have failed if they cannot provide work
suited to the mentality and interests of those
who are anxious to remain in school beyond the
compulsory school age. This does not mean that
education is being softened. Junior High School
work means hard work but with this difference
that it is hard work eagerly attempted because
it is thoughtfully planned to meet the interests
and aptitude of those young people whom a
straight academic high school program would
not hold and never has held.
The childish enthusiasm of the early adolescents
who constitute the Junior High School group
does not express itself effectively unless they have
an organization and rooms of their own. Though
wisely committed to the Junior High School
System, Lexington is at present, for lack of space,
running its schools on the Seven-Two-Three
system but the necessities of our construction
situation will, your Committee believes, make
the complete Junior High School organization
compulsory, and also an early possibility if their
recommendations are adopted. Our school system
would then be a Six-Three-Three one and would
be at once the most desirable and most economical
one for Lexington. Under that system, which the
suggested building program of your Committee
would promote, the elementary schools of Lexington
would handle the first six years of education,
the Junior High School the next three
years, and the Senior High School the last
three years, and at the end of each stage a
full-rounded and appropriate program of
education for the group concerned would have
effected.
180
Detail Of The Committee Solution Of
School Accommodation Problem.
Elimination of the attendance of pupils from
Bedford is the first natural suggestion but
investigation shows that this small number
of outside pupils is so distributed among all
reciting groups in our schools as to make
them a negligible factor in the size of any one
group. Their elimination would not effect
our construction problem. Your Committee
believes that the present arrangement with
Bedford is an economic advantage to both
towns and should be maintained.
The true remedy in view of all the factors
disclosed, your Committee is convinced, is
not in building any new elementary schools at this
time but in creating as many vacant rooms as
possible in those schools by withdrawing from
them to an adequate Junior High School building all
of the seventh and eight grade pupils and by giving
one of our newest schools — Parker — a four room
addition which was contemplated in the
original plans.
The inactivity in school building for several
years in Lexington has created a situation from
which only a bold, forward-looking well-considered
stroke of policy can deliver us and give
us breathing space.
If this is not done, we will have school construction
as an annual contention with us for
years to come in Lexington, will not be able to
catch up with our needs and our schools will be
costly after-thoughts or hasty, inefficient and expensive
improvisations satisfying in the end to no one.
Your Committee believes that the most economical
course to secure a new building is to prolong
the present High School to the south, taking
advantage of the falling grade to get basement
181
rooms as well lighted almost as the present
High School floor. This would make all three
new floors suitable for class rooms and cut down
the length of the new school by one-third. The
Junior High School, whose numbers should be taken
as 600, should occupy all the present High School
building. Its reciting units are considerably larger
than the high School units occupying the old High
School now, where nearly one-third of the space
is wasted for recitation purposes because the rooms
have always been too large and the construction of
vents and ducts in the dividing walls has
prevented reduction by adding partitions.
In the New High School several of the rooms
which immediately adjoin the old building could
be alloted to the Junior High School and
arrangements made at the south end of the
new building for adequate provision for physical
education and group exercise which has been
long lacking in Lexington and which is now
standard practice. This gymnasium could be
used alternately by High and Junior High School
pupils. The latter would have an interior corridor
approach from their school to the common
gymnaium and folding partitions in that
building would permit of simultaneous use by
boys and girls. The physical connection of the
new and old buildings would enable the town
to get two modern High School units each
fully adapted to the special needs of its group
for an outlay below any other scheme of equal
capacity.
These provisions would also give the beginning
of a quadragular Senior-Junior High School
structure with the gymnasium forming the
south flank and the new and old High
Schools the Massachusetts Avenue front. Any
future extension of the old High School back
toward the Railroad line would form the
182
north flank and as the Junior High School
so grew toward its rear the High school
would, when necessary, extend into some
of the vacated rooms on its own new
premises. Such a general scheme should
dispose of any serious expenditures on High
Schools for a number of years after September
1925 and at the same time make it easier to
plan for the future needs of the six elementary
grades.
Your Committee suggests that the
laboratories of the present High School be made
into regular class rooms — they are easily
convertible — and that modern laboratories be
provided in the new High School. The existing
auditorium on the third floor of the
present High School will suffice for the
assembly needs of both schools. On the first
and second floors of the new school there
should be two rooms, on each side of each
corridor and nearest to the old High School,
of fifty pupil capacity by folding partitions of
division into eight smaller rooms when
needed, so economizing space to the extreme.
The practical questions which your Committee
faced, after it had collected the facts of
Lexington's school accommodation situation, had
analyzed them and compared them with experience
elsewhere, were four in number, namely:—
1. Should a Junior High School Building
be constructed or a new Senior High School and
where should it and any other new construction
be located?
2. What will be the inclusive new construction
cost?
3. When will it be available?
4. How are the schools to "carry on" meanwhile?
On these points your Committee is able
183
unanimously to record the following answers
which are also endorsed by the professional advice
obtainable.
Recommendations:
We recommend
1. Build a new Senior High School to accommodate
400 pupils forming grades 10, 11 and 12 on
the ground owned by the Town immediately south
of the present High School. Make it an integral
part of the old building and utilize the latter for
the Junior High School building together with
enough rooms immediately adjacent in the new
building to accommodate 600 pupils from grades
7, 8 and 9 and with common provision in a
South Wing Gymnasium for thorough physical
education. In addition, add four rooms to the
Parker School, two of them divided by a movable
partition permitting of their occasional use as a
large assembly hall for pupils and parents.
2. The inclusive cost of a new Senior High
School, and of the adapted old High School
building for Junior High purposes is estimated
at $400,000. and the addition of four rooms to
Park School should be done for $50,000. The total
estimated cost of the new construction recommended
is therefore $450,000. Your Committee,
while urging immediate action, is of the
opinion that nothing is to be gained in cost
reduction by any postponement and that serious
complications will arise if, on any score, the
town again evades a prompt solution of this
pressing educational problem.
3. At the very earliest such construction
would not be available for use before September
1925. Its availability, even then, depends entirely
on prompt action by the Town. Your Committee
has on record much details as to the character
of the construction desirable and the reasons
why it has taken the course recommended but
184
but it does not desire to elaborate further on these
in this report. It will be able to hand over
to any Building Committee which the Town
may appoint some useful information.
4. The Town must continue the use of
basements and attics and when pressure of school
increase gets too great, put certain classes on
half-time attendance. Such a step would be
regrettable because every excess of thirty pupils
means that sixty must go on half-time. Never
-the less in the face of the statistics half-time
in Lexington schools is probable before September
1925 arrives.
5. Obtain leglislature for education purposes
and, if favorable to action, appoint a Building
Committee with an appropriation to cover
expenses of procuring detailed plans and estimates
of costs of the same. Items have already been
entered in the Town Meeting Warrant which will
permit these topics to be disceussed at this time.
Conclusion:
Your Committee desires to commend here the
zeal and helpfulness of Mr. H Lowry, our
Superintendent of Schools, and the courtesies
everywhere afforded to your Committee by the
educational authorities of other towns, particularly
the Town of Milton. The Committee especially
desires to acknowledge the great assistance affor-
ed them by Mr Joseph A. Ewart, Superintendent of
Schools, Milton Mass., formerly of Somerville Schools.
Mr Ewart, and educational expert of high standing,
visited Lexington a number of times, made
indepenent surveys and rendered a report which
strongly confirmed the Committee in the conclusions
of its own prolonged study of Lexington's School
Building situation and the most economical
and efficient way of meeting it.
185
Respectfully submitted,
John Calder, Chairman
George E. Briggs
Nina F. McLellan
Howard S. O. Nichols
Edward H. Mara
Lorna M. Milne
Kester T. Redman
February, 1924
186 [top margin: Read Back & checked]
Report of the Appropriation Committee to the Annual Town Meeting, March 3rd, 1924.
Appropriations
| | Spent 1923 | Asked for 1924 | Recommended 1924.
Art. 5 | Memorial Day | $250.00 | $250.00 | $250.00
Art. 6 | Public Schools | 132,500.00 | 139,410.00 | 138,000.00
| Almshouse | 1,143.63 | 1,1450.00 | 1,450.00
| Outside Poor | 7,412.33 | 8,500.00 | 8,500.00
| Highways | 44,987.50 | 50,500.00 | 45,000.00
| Street Lights | 13,748.99 | 14,300.00 | 14,300.00
| Fire Department | 22,896,18 | 20,648.91 | 20,600.00
| Appropriation Committee | 122.39 | 150.00 | 150.00
| Parks Playgrounds | 5,844.92 | 4,205.00 | 4,000.00
| Town Engineer | 4,998.92 | 7,152.00 | 7,152.00
| Inspectors of Milk | 250.00 | 250.00 | 250.00
| Inspector of Plumbing | 500.00 | 750.00 | 500.00
| Inspector of Slaughtering | 900.00 | 200.00 | 200.00
| April 19th Celebration | 299.96 | 300.00 | 300.00
| Street Signs | 176.75 | 300.00 | 300.00
| Cemeteries - General | 1,999.91 | 1,800.00 | 1,500.00
| Westview Cemetery | 4,326.37 | 1,500.00 | 1,000.00
Art. 7 | Administration of Trust Funds | 70.00 | 75.00 | 75.00
| Assessors | 3,800.24 | 3,200.00 | 3,200.00
| Chisholm Claim | 520.00 | 520.00 | 520.00
| Dog Officer | 50.00 | 50.00 | 50.00
| Dental Clinic | 1,387.32 | 1,500.00 | 1,500.00
| Elections Registrations | 448.12 | 2,000.00 | 1,800.00
| Forest Fires | 461.81 | 500.00 | 300.00
| Hastings Park | 0.00 | 5.00 | 5.00
| Health Department | 2,250.36 | 3,620.00 | 2,000.00
Art. 7 | Hydrant Service | 2,350.00 | 2,430.00 | 2,430.00
| Inspector of Buildings | 732.05 | 1,065.00 | 745.00
| Inspector of Cattle | 196.43 | 200.00 | 200.00
| Interest | 22,264.70 | 21,500.00 | 21,500.00
| Insurance | 2,388.76 | 2,500.00 | 2,500.00
| Libraries | 8,471.79 | 9,149.00 | 8,500.00
| Military Aid | 0.00 | 100.00 | 100.00
| Law | 1,307.17 | 1,650.00 | 1,650.00
| Police | 18,536.80 | 19,355.00 | 19,155.00
| Planning Board | 0.00 | 890.00 | 890.00
| Sealer of Weights and Measures | 198.87 | 268.00 | 183.00
| Selectmen | 1,825.80 | 2,245.00 | 2,245.00
| State Aid | 414.00 | 500.00 | 500.00
| Supt. of Public Works | 4,344.87 | 4,350.00 | 4,350.00
| Snow Removal | 11,600.39 | 4,000.00 | 4,000.00
| Salary of Library Treasurer | 50.00 | 50.00 | 50.00
| Soldier's Relief | 266.00 | 300.00 | 300.00
| Soldier's Burials | 0.00 | 100.00 | 100.00
| Tax Collector | 2,327.31 | 2,350.00 | 2,350.00
| Treasurer | 868.28 | 905.00 | 900.00
| Shade Trees | 1,793.98 | 1,800.00 | 1,500.00
| Town Hall | 4,633.64 | 3,670.00 | 3,670.00
| Town Scales | 0.00 | 25.00 | 25.00
| Town Physician | 100.00 | 100.00 | 100.00
| Town Report | 1,024.32 | 950.00 | 950.00
| Town Clerk | 1,829.73 | 1,950.00 | 1,850.00
| Town Debt maturing 1924 | 63,350.00 | 57,600.00 | 57,600.00
| Town Accountant | 2,526.97 | 2,850.00 | 2,650.00
| Village Hall | 601.27 | 875.00 | 800.00
| Vital Statistics | 43.00 | 50.00 | 50.00
| Watering Troughs | 100.00 | 100.00 | 100.00
| Unclassified | 255.48 | 200.00 | 200.00
Art. 8 | Sidewalks | 602.15 | 1,000.00 | 1,000.00
Art. 9 | Moth and Insect Suppression | 4,958.88 | 3,975.00 | 3,975.00
187
Art. 7 | Hydrant Service | 2,350.00 | 2,430.00 | 2,430.00
| Inspector of Buildings | 732.05 | 1,065.00 | 745.00
| Inspector of Cattle | 196.43 | 200.00 | 200.00
| Interest | 22,264.70 | 21,500.00 | 21,500.00
| Insurance | 2,388.76 | 2,500.00 | 2,500.00
| Libraries | 8,471.79 | 9,149.00 | 8,500.00
| Military Aid | 0.00 | 100.00 | 100.00
| Law | 1,307.17 | 1,650.00 | 1,650.00
| Police | 18,536.80 | 19,355.00 | 19,155.00
| Planning Board | 0.00 | 890.00 | 890.00
| Sealer of Weights and Measures | 198.87 | 268.00 | 183.00
| Selectmen | 1,825.80 | 2,245.00 | 2,245.00
| State Aid | 414.00 | 500.00 | 500.00
| Supt. of Public Works | 4,344.87 | 4,350.00 | 4,350.00
| Snow Removal | 11,600.39 | 4,000.00 | 4,000.00
| Salary of Library Treasurer | 50.00 | 50.00 | 50.00
| Soldier's Relief | 266.00 | 300.00 | 300.00
| Soldier's Burials | 0.00 | 100.00 | 100.00
| Tax Collector | 2,327.31 | 2,350.00 | 2,350.00
| Treasurer | 868.28 | 905.00 | 900.00
| Shade Trees | 1,793.98 | 1,800.00 | 1,500.00
| Town Hall | 4,633.64 | 3,670.00 | 3,670.00
| Town Scales | 0.00 | 25.00 | 25.00
| Town Physician | 100.00 | 100.00 | 100.00
| Town Report | 1,024.32 | 950.00 | 950.00
| Town Clerk | 1,829.73 | 1,950.00 | 1,850.00
| Town Debt maturing 1924 | 63,350.00 | 57,600.00 | 57,600.00
| Town Accountant | 2,526.97 | 2,850.00 | 2,650.00
| Village Hall | 601.27 | 875.00 | 800.00
| Vital Statistics | 43.00 | 50.00 | 50.00
| Watering Troughs | 100.00 | 100.00 | 100.00
| Unclassified | 255.48 | 200.00 | 200.00
Art. 8 | Sidewalks | 602.15 | 1,000.00 | 1,000.00
Art. 9 | Moth and Insect Suppression | 4,958.88 | 3,975.00 | 3,975.00
188
Art 10 | Veterans' Pensions | 1,467.36 | 1,470.00 | 1,470.00
Art 11 | Reserve Fund | 1,220.00 | 2,500.00 | 2,500.00
Art 12 | Police Pensions | 866.91 | 870.00 | 870.00
Art 14 | County Bureau Agriculture | 0.00 | 350.00 | 300.00
Art 23 | Sewer Connections | 928.89 | 500.00 | 500.00
Art 32 | Revision Building Laws | 00.00 | 50.00 | 50.00
Report of Appropriation Committee.
Lexington, Mass., March 1924.
To the Voters of the Town of Lexington:
Your Appropriation Committee submit here-
with their report and recommendations for your
consideration.
In General.
In our deliberations we have been confronted with
the fact that Lexington is growing rapidly, that
our needs and requirements are increasing at an
alarming pace. It is therefore imperative that we
watch our expenditures with ever increasing care.
At the same time we must realize that
certain ground work must be done in advance
of actual needs to be done well. This is par-
ticularly true of the Engineering Department
work, the Highway work, the Water and Sewer
Departments and of the Schools.
And in the line of economy we recommend
that the officials of the town watch carefully
the conditions of all public buildings in the town
and see to it that they are properly kept up.
That in the purchase of material and equip-
ment those in charge should insist on discount
terms and take advantage of same. This we
believe would amount to a considerable saving
in the course of a year and can be brought
about by co-operation between the Department
Heads, the Superintendent of Public Works and
the Town Accountant.
189
Public Schools.
In the year 1923 the School Department spent
$132,490.51. The School Committee estimate their
wants for 1924 at $139,410.00. We favor an appro-
priation of $138,000.00. This reduces their estimate
by $1,410.00, of which $1,000.00 is contingent. We
believe that the amount asked for by the committee
to cover the cost of repairs and painting of schools
should be left as is and the work done without
fail this year. This item amounts to $4,050.00
and represents less than 1% of the valuation of
the school plant. Last year there was spent
on maintenance only $1,531.81.
Highways.
We favor an appropriation of $45,000, the
same amount as last year. We believe that
the department can operate successfully with
this amount including in its expenditures
the purchase of a steam roller.
Street Lighting.
We estimate that the lighting bill of the town
for the year to end December 31, 1924 should not
exceed $14,300. This will pay for regular
lighting from dark to 1:00 A.M. and early mor-
ning lighting plus cost of additional lighting,
which we are informed will be needed. The
early morning service to extend from January 1,
1924 to March 15, 1924 and from November 15th
to December 31st, 1924.
If hours for turning the lights on and off
should be closely watched, it is probable that
the town can save some of this appropriation.
190
Elections and Registration
Note: There are four elections this year against
one in 1923.
Health Department
The amount asked for the Health Department
was $3,620.00. This included an item of $1,500
for a Health Inspector. We are not in favor of
creating this new office. This accounts for the
greater part of the difference between the amount
asked for and the amount recommended.
Inspection of Slaughtering (Art. 18)
In regard to this appropriation $200 was
asked for under Article 6 and recommended.
This amount is sufficient to carry on the work
of slaughtering to May 1st, after which time
the slaughter houses will come under Federal
inspection.
Water Extensions.
We approve the appropriations necessary
under Articles 17, 25, 30, and 33, provided the
usual requirements are complied with.
Sewer Extensions:
We approve the appropriations necessary for the
sewer extension in Massachusetts Avenue and
Charles Street, in accordance with Town Engineer's
lay out.
Respectfully submitted,
James G. Robertson (Chairman)
Morton G. Hopkins
Randall B. Houghton
Harold B. Lamont
S. Lewis Barbour
Christopher S. Ryan
William H. Shurtleff
Ellis W. Tower
Edwin W. Hutchinson,
Appropriation Committee.
191
The Committee Appointed at the Adjourned
Town Meeting held October 8, 1923, to consider
the matter of repairs upon and the moving
of the Stone Buildling " respectfully make the
following report.
After careful consideration the Committee
does not recommend the moving of the
buildling from its present location.
We hereby make the following recom-
mendation for repairs.
Point all underpinning both inside
and outside. Repair gutters, covings, blinds,
and windows. Paint outside of building
two coats of white paint, with green blinds,
and glaze all windows. Remove all paper
from walls of first story hall and all rooms
in second story of main building; these
walls to be painted. Repair and tint ceil-
ings of main buildling Paint with two
coats all woodwork on inside of main
building. Install two new toilets and
lavatories, one on first floor and one on
the second floor, and provide windows
for the same. Install one radiator in
each of the new toilet rooms, also electric
light in toilet rooms. Paint and repair
chimneys.
After securing careful estimates it is the
opinion of the committee that these repairs
can be done for a sum not to exceed two
thousand dollars.
Respectfully submitted,
Charles H. Spaulding
Frank D. Peirce
Edward Wood
Charles J. Henrick
Timothy H. O'Connor.
192
Report of Committee on Honor Roll.
The Committee chosen to consider and report
on Memorial Honor Roll reports as follows:—
I The Com. recommends that the town
accepts the gift of the Memorial Honor Roll
on the town hall grounds from Messrs
Gilmore, Brown and Blake and that the
thanks of the town be suitably expressed to each
of the donors.
II The Com. also recommends that the
sum of two hundred and fifty dollars ($250.)
be raised and appropriated for the renovation
and improvement of said memorial and that
said renovation and improvements be carried
out by the present Committee.
III The Com. further recommeds that a
new Committee of seven members be appointed
to fully consider and report with recommendations
at some future meeting on a
Permanent Memorial Honor Roll. This Com.
on permanent Honor shall include in its
considerations and report whether or not the
permanent Memorial shall include the names
of citizens of Lexngton who have served their
Country in other wars than the late Great
or World War.
Fred S. Piper
Frank E. Haynes
Alfred Pierce
Roland E. Garmon
193
Majority Report of the Planning
Board and Conference Committee.
Presenting a Proposed Amendment to the
By-Laws of Lexington to provide for
Establishing Manufacturing, Business and
Residential Zones.
This report refers to the subject matter
of Article 2 in the Warrant for Special Town
Meeting called for February 18, 1924.
To The Citizens of Lexington:—
At the special town meeting held on the
evening of February 18th, the Planning Board
formally presented its report recommending
the passage of a by-law to provide for zoning
the town into manufacturing, business and
residential districts. The Board had been at
work upon the subject for many months, had
given three public hearings, and had conferred
with numerous individual citizens, and the
by-law then presented contained what appeared
to meet the prevailing desire of the townspeople.
It was clearly stated at each of the hearings
and again in town meeting, that the
sold purpose of the Planning Board was
to offer a by-law that would express the
wish of the citizens. So when, at the special
meeting in question, a vote was passed referring
the whole matter back to a committee
composed of the Planning Board and six other
citizens for further consideration and reports,
the Board, while disappointed at the prospect
194
of beginning all over again, was perfectly willing
to do so if there was any possible chance
of obtaining a fuller expression of the sentiment
of the town, or if the proposed by-law could be
improved in any substantial particulars.
The Board and the Conference Committee
met promptly and organized by the election of
the chairman and clerk respectively of the Planning
Board to the positions of chairman and
clerk of the enlarged committee. Several joint
meetings have been held supplemented by
numerous personal conferences between committee
members. Pursuant to the suggestion of the
vote establishing the Committee, an additional
public hearing was given in Town Hall to
obtain further expressions of opinion from the
citizens.
A sincere effort has been made to reach
an agreement so that a single, unanimous
report might be made to the town, but that
has been found impossible. The entire committee
agrees that zoning is necessary and
also agrees upon many of the detailed provisions
of the by-law proposed by the Planning
Board. Mutual concessions that would
not have been very serious for either side,
would probably have made it possible to
unite upon recommendations with respect
to business and manufacturing, had it been
possible to agree upon residential districts,
but upon the latter subject the committee,
after several meetins, found itself indefinitely
divided; eight of the members favor the establishment
of certain districts for the building of single-family
residences only, with other districts permitting
the building of two-family residences in
addition, while four of the members favor one
general residential district in every part of which
195
all kinds of residences, single-family and multi-family,
may be built indiscriminately so long as
they comply with structural requirements of the
building laws.
Finding it quite impossible to harmonize
their differences with respect to the establishment
of one and two-family residences districts, the
majority of your committee was finally obliged
to decide to file the present majority report
which is hoped may be accompanied by the
minority report.
The principal differences between the
minority and majority of the committee
are as follows:
Manufacturing
At the last meeting of the full committee the
minority favored a manufacturing district 300
feet in width paralleling the railroad
upon the easterly side thereof from the
Arlington line northward past the East Lexington
railroad station to within 250 feet
of Maple Street, East Lexington. The majority
of the committee, while willing to enlarge
the district originally allotted to manufacturing
and particularly to meet the feeling
that one such district should be placed in
East Lexington, feel it to be unnecessary to injure
the residential districts upon the hill in the
vicinity of Bow Street and opposite, upon
Liberty Heights, by inviting location of manufacturing
establishments at their very feet, so
to speak, where the residents will be
called upon to overlook the buildings, and
incur the depreciation of values that will
result. The majority of your committee
are willing to recommend the establish-
196
ment of a manufacturing district 300 feet
in width upon the easterly side of the railroad
and extending from the Fottler Avenue
railroad crossing, just below the East Lexington
station, to a point 2000 feet north of said
station. This district would comprise about
eighteen acres of land suitable for manufacturing
establishments.
Terminating at that point a manufacturing
district not approach close enough to Maple
Street to injure the residential properties there
located. To permit manufacturing to extend to
within 250 feet of Maple Street would be serioulsy
to injure the residential values upon that
street; furthermore, to the south of Maple Street
there is a very considerable area extending for at
least 1000 feet along the railroad, and of an area,
approximately thirty-five acres, where the land
is high and ideal for residential building.
The minority of the committee favored the
elimination of the manufacturing district
orginally proposed by the Planning Board near
the Bedford line and located equally upon
both sides of the railroad and substituting
therefor a long manufacturing strip 300 feet
in width, upon the easterly side of the railroad,
and extending from the coal yard just
beyond the North Lexington railroad crossing
the entire remaining distance to Summer
Street, near the Bedford line.
The public hearings, as well as individual
inquiry, have demonstrated no desire upon the
part of the residents of North Lexington for
any such manufacturing area in their midst;
but in view of the persistence with which the
demand has been expressed, the majority of
your committee are willing to present for
consideration of the town an enlargement of the
197
small manufacturing district originally recommended
at Summer Street near the Bedford
line, by extending the same south of Center
Street, which is about at the northerly
limit of present residential development. Such
an enlarged manufacturing district would
not, therefore, constitute any considerable threat
to residential values in North Lexington.
At none of the hearings and meetings held
by the Planning Board, and later by the
enlarged committee, have any considerable
number of citizens asked for manufacturing
areas either in East Lexington or in North
Lexington, and the present concession on the
part of the majority committee recommending
areas in these two sections of the town
has been made because of the persistent
statement of the minority members, supplemented
by one or two individual expressions
that such areas ought to be provided.
The majority of the Committee feel that
there is no necessity to convert Lexington into
what some call a many sided, fully rounded
district including manufacturing, business
and residences. Lexington will develop as
an integral part of the entire metropolitan
district, and whether it retain its status
as a district municipality or eventually
become merged with other towns in a
greater Boston, the fact is that Lexington
as a whole is a distinctly residential district;
it occupies too high an elevation and is
otherwise unsuited to manufacturing or to
wholesale business, and there would seem
to be no reason for undertaking to build
up artifically what the territory as a whole
is neither topographically nor geographically
adapted to.
198
Business.
With respect to the business districts, the
majority of the committee adhere generally to
the recommendations made in the Planning
Board report. The small business
district at the junction of Massachusetts
Avenue and the private right of way leading
into the East Lexington railroad station has
been extended southerly on Massachusetts Avenue
to Fottler Avenue to include certain business
developments that are already planned.
The earlier report recommended a business
district on both sides of Massachusetts Avenue,
extending from the northerly entrance to Curve
Street south to a point 52 feet below the old
Child's Auto Repairs Shop. Considerable argument
has been advanced in favor of extending that
business district, upon both sides of Massachusetts
Avenue, south to the junction of
Pleasant Street and to include the brick store
of E. W. Harrod, but the majority of the committee
is disinclined to recommend this mainly
for reasons given in the earlier report. The
reasons are as follows: first, to extend such
business district to Pleasant Street would be to
invite serious and dangerous congestion at the
important junction of Massachusetts Avenue
with Pleasant Street and Follen Road — a junction
point already dangerous and which, if business
were added, would very much increase the
danger to human life; second, to so extend that
business section would be to place business
upon both sides of the entrance to the two
important school buildings located upon opposite
sides of Massachusetts Avenue in that immediate
locality, and it is out firm belief that the school
children entering and leaving the school should not
199
be obliged to incur the danger of a busy business
district, to say nothing of other conditions usually
present in a business district, which should be
kept as far removed as possible, from school
children, and third, the Catholic Church has
recently purchased land on Follen Road near
the junction of Massachusetts and Pleasant
Street upon which it is intended to erect a
church building and the location of Robbins
Park close at hand would seem to furnish the
final and sufficient reason why business
should not be extended to that point. Mr.
Harrod's store may continue undisturbed as
a non-conforming use.
The committee recommends establishing
a business zone at the junction of Middle,
Spring and Bridge Streets near the Grassland
Farm, extending outward from the junction
point on both sides of the intersecting streets
for a distance of 150 feet.
At North Lexington the Planning Board
originally recommended a business section,
upon the easterly side only of Bedford Street, from
and including the car barns to the railroad crossing
at North Lexington. The residential property
owners upon the opposite side of the
street have joined in asking that the two
sides of the street be similarly limited — either
for business or for residences, and, since the
land where the car barns stand and beyond
is already committed to business, the majority
committee recommend that the business
section be enlarged to embrace both sides
of Bedford Street at that point. This does
not mean that both sides will go over to
business, but it places the resident ownerrs
upon the westerly side of the street upon an
equality with the owners upon the opposite side
200
side of the street where they will suffer no
disadvantage with respect to future developments
of that district.
The original report recommended that the
business district above referred to at North Lexington
extend beyond and to the north of the
railroad crossing far enough to include on
the westerly side of Bedford Street the present
coal yard property, and for a distance of fifty
feet upon the easterly side of Bedford Street.
At the request of Mr. Burrill whose property
on the easterly side of Bedford Street at that
point was only partially included in the
business district previously recommended, the
majority of your Committee now recommend
that the business district upon the easterly
side of Bedford Street, north of the railroad
crossing, be extended to one hundred feet so
as to include Mr. Burrill's entire frontage and
permit his property as a whole to have the
same status.
At the junction of Bedford Street and North
Hancock Street the previous report of the Planning
Board recommended a business district
extending from North Hancock Street, north on
the easterly side of Bedford Street for a distance
of two hundred feet, being the section now
pratically occupied by a block of stores being
built by the Lexington Building Trust. No
occasion has arisen for changing the section
so allotted to business on Bedford Street, but the
majority Committee recommend additionally
that said business section be extended easterly
on the northerly side of North Hancock Street to
include the property and store of E. W. Ormond
now existing in that locality, being to a
distance of two hundred fifty feet from Bedford Street.
201
Residences
The principal point of difference between the
minority and the majority committee is upon
the matter of single-family dwelling house
districts.
The minority members insist that a single
general residential district, only, be provided to
embrace all parts of the town not devoted to
manufacturing and business, and within
which all kinds of residences may be permitted
so long as they comply with the
building law.
The majority committee are firm in the
belief that the best interests of the town
and of its individual property owners will
be served by limiting the major part of
the present undeveloped area of the town
to the erection of single-family dwellings
only, permitting the erection of two-family
dwellings in such districts, only
when it shall have been determined that
successful development cannot be had with
single-family dwellings and when public
necessity makes two-family dwellings
necessary.
The several hearings granted by the
Planning Board and by the present committee,
and conferences held with citizens owning the
major part of the undeveloped area of the town,
have made it perfectly clear that these owners
prefer a development of single-family homes.
The only citizens who advocate throwing open
these areas to indiscriminate building of
single and two-family dwellings are
individuals living in the center of the
town who have no considerable land of
their own to place upon the market and whose
202
solicitude seems to be not so much in
behalf of the townspeople, as in behalf of
unknown outsiders who may hereafter feel
prompted to move to Lexington and who
may then desire to erect two-family houses.
The minority members of the committee suggest
that all land other than what is reserved
for manufacturing and business, be opened to
every kind of residential development, and,
later, when the need arises, protect the town
against undesirable developments by restrictions
to be then imposed. To pursue this course
would be to lock the door after the horse had
been stolen.
If a man owns a considerable area and
desires to dispose of it for single family dwelling
development, he would suffer serious
damage if, after having held it for such
development for a period of years, he were to
awake some morning and find that the
farm next adjoining him had been sold
for two-family development. It would then
be too late to zone the district to head off
such development.
On the other hand, if all the land were
zoned for single-family development and it
were found that any given portion could not
be disposed of at a reasonable figure for such
development, the owners and adjoining owners
could petition the town to have that tract
opened up for two-family development. If the
change should be a desirable one for the town,
it would then be possible to impose terms,
such for example, as requiring the houses to
be of a certain character, or size, or cost, as a
condition to the opening up of the tract for
two-family development, which conditions could
not otherwise be imposed.
203
The minority argue that the town as a
whole should be open to all kinds of residential
building and taht restrictions if any, should
be by individual agreement among the owners.
The answer to that proposition is that it is
seldom possible to obtain agreement of all owners
of a considerable tract to restrictions of that
sort, and unless all join, none can be protected.
Furthermore, restrictions imposed individually
by deed are frequently wiped out by foreclosure
of mortgage, the owner of which
may not have consented to the restriction.
It is significant that Mr. Neil McIntosh,
who has developed a large tract in the
vicinity of Grape Vine Corner and who has
sold lots to more than 200 owners who
intend to build, many of them the coming
year, originally sold the land without
limitation as to type of dwelling to be
erected thereon. Knowing this fact, and
feeling it a duty to protect the purchasers
in such sales, the Planninng Board
originally recommended that that large
tract remain open for either single or two-family
development. Since zoning was
proposed Mr. McIntosh has communicated
with the owners of the various lots sold
and has found that close to 90 per cent of
them intend to build single-family
residences, so that the Majority Committee
now recommends that the status of that
district and of the remainder of the two-family
area be changed to a single-family district.
It is the belief of the majority of your
committee that a large preponderance of the
townspeople are in favor of limiting the bulk of
the vacant land to single-family development,
and opening it to two-family develop-
204
ment, if at all, only when conditions change
so as to make it just or necessary to do so.
That but few two-family houses have
been erected in the past does not ensure the
owner of any plot of land in town that the
next ones to be erected many not be upon
lots adjoining his own.
Let every resident upon the hill in the
vicinity of Bow Street and upon Liberty
Heights ask himself "Would the value of
my property be impaired by erection of two-family
houses upon the next adjoinging lots?"
if so, it would be to his interest as well as
for the benefit of the town to vote for the
majority committee's proposal to limit
development upon that hill and on Liberty
Heights to single-family dwelling only. Let
the owners of properties in North Lexington
and in other parts of the town ask themselves
"Will our property values be impaired, and
our places rendered less desirable for residence if
two-family houses be admitted to the vicinity?"
and should they feel that the values would
be impaired, let them vote in favor of the
majority committee's report excluding two-family
houses from those parts of the town
unless and until conditions change
materially from what they are.
While the majority of your committee
feel strongly that the best interests of the town,
and of the individual property owners as well,
will be promoted by a single-family development,
they are not unmindful of the
reluctance felt by many to exclude to too large
an extent, the building of two-family dwellings.
Accordingly they have spent a great deal of time
studying carefully all sections of the town to
discover areas that might, without harm, be
205
be opened to two-family development, but without
satisfactory results.
For example, it was suggested that two-family
development might well be permitted
along the lines of the present street railway
or upon the highways that might be expected
to serve the principal bus lines, but
in almost every instance it has been found
that contiguous to these highways are large
areas of undeveloped lands which can be
reached in future development, only by branch
streets leading from such highways, hence
to permit a more congested two-family
development along the lines of the principal
highways would be to compel entrance
to the undeveloped properties in the rear
through such two-family areas, and
would thus instantly relegate the
undeveloped properties in the rear to the
status of the properties through which entrance
thereto must be had. In other words, to
permit two-family developments to line our
principal streets virtually means to reduce
all the vacant areas in the rear to the
same type of development; therefore to open
the principal streets to two-family development
would mean at one stroke to depreciate
areas in rear thereof of the extent of hundreds
of dollars per acre for prospective development.
The majority of your committee, therefore, are
obliged to adhere generally to the position taken
by the Planning Board in its first report,
namely, to encourage the building of single-family
rather than two-family dwellings.
We now recommend, however, a two-family
area extending from Follen Road to
Plainfield Street upon both sides of
Massachusetts Avenue and to the east ex-
206
tending to the railroad and embracing everything
therein not devoted to business.
On Woburn Street, we recommend a two-family
district embracing both sides of Woburn
Street — so far as not designated business—
as far as Utica Street, and both sides of
Cottage and Vine Streets.
The above are the only two-family areas
additional to those designated in The Planning
Board's earlier report, that we have
been able to carve out of the entire
available areas that would not seem to
injure rather than improve the sections in
which they are located.
By the Planning Board's first report very
considerable areas were opened to the building
of what were termed semi-detached, or double
dwellings, where the apartments were side
by side, each with its ground floor and cellar
and with a vertical partition wall between.
Practically all speakers at the various hearings
and in conference have asserted that to limit
a district so that particular type of double
dwelling would be in effect to limit such
district to single-family development; that
very few would wish to build double dwellings
that would cost so nearly what it would
cost to build two separate single-family
dwellings.
Because of that attitude, which appears to
be very generally held by citizens of the town,
the majority of your committee now recommend
the elimination of some of these areas.
Accordingly they recommend the elimination
of the two-family area recommended in the
original Planning Board report along Middle
Street and in the McIntosh development in the
vicinity of Grape Vine Corner and Spring Street;
207
and the elimination of the two-family area on
Bedford Street north from the coal yard at North
Lexington to the Bedford line.
If and when it shall appear that conditions
in any particular area or section of the town
make necessary a change to two-family areas,
it can be made.
Summary
It is necessary to call up the zoning matter
for final action at the adjourned town meeting
on Monday evening next, March 17th —
practically all other articles in the warrant
have been disposed of — and there is not
sufficient time between the preparation of
this report and that adjourned town meeting
in which to procure a new map
that will illustrate graphically the various
districts recommended in this report. For
that reason we summarize at this point
the various districts now recommended,
believing that by so doing the matter
will be clearly understood by the citizens
without a new map.
Manufacturing.
All existing manufacturing establishments
remain undisturbed as non-conforming
uses. In addition, further manufacturing
districts are recommended as follow: the
first upon the easterly side of the railroad
beginning at Fottler Avenue crossing just
below the East Lexington railroad station
and extending for a distance of 2000 feet above
the East Lexington station and comprising
about eighteen acres of perfectly good land for
208
manufacturing purposes, and a second district
at North Lexington embracing both sides of
the railroad track beginning at Center Street
about a half mile above the North Lexington
railroad crossing and extending to Summer
Street near the Bedford line and comprising
about thirty acres of land perfectly well
suited for manufacturing purposes, a total
of forty-eight acres.
Districts where manufacturing establish-
ments are to be permitted need not be used
exclusively for manufacturing; business build-
ings and all kinds of residences may be
erected in such districts, but manufacturing
establishments may not be placed in any
but the manufacturing districts.
Business Districts.
All existing non-conforming business
enterprises and buildings remained undis-
turbed. Beginning at the Arlington line, a
business district is provided upon both
sides of Massachusetts Avenue, that on the
northerly side extending as far as Bow Street,
and on the southerly side terminating at
a point 100 feet beyond Sylvia Street; also,
beginning at Fottler Avenue on the northerly
side of Massachusetts Avenue, a short business
district extending to and embracing both sides
of the private way leading in to the East
Lexington station; also, just above the
junction of Pleasant Street with Mass-
achusetts Avenue, a business district on oth
sides of Massachusetts Avenue beginning at
a point fifty feet south of the old Childs Auto
Repair Shop and extending north to and
including the upper entrance to Curve Street;
209
also, both sides of Woburn Street from the
railroad crossing to Cottage Street, also on both
sides of Massachusetts Avenue beginning at
Winthrop Road and Fletcher Avenue and
extending north to Meriam Street; also on
both sides of Waltham Street from Mass-
achusetts Avenue to Vine Brook Road; also,
on both sides of Bedford Street from the
Colonial Garage to the upper boundary
of Custance Bros'. shop and again on Bedford
Street beginning at the southerly boundary
of the street railway property or car barns
and extending beyond the railroad crossing
to a point 100 feet beyond said crossing on
the easterly side and to embrace the coal
yard property on the westerly side; also, at
the junction of North Hancock Street, a dis-
trict extending 250 feet in, and on the north-
easterly side of North Hancock Street and on the
easterly side of Bedford Street a distance of 200
feet beyond the junction of North Hancock
Street; also isolated business districts at the
junction joints at "Five Forks"; Middle Street
and Spring Street; "Grape Vine Corner"; junction
of Waltham Street and Concord Avenue and
junction of Woburn Street and Lowell Street;
and a business area to be established at the
top of Concord Hill when the development
shall have proceeded sufficiently to deter-
mine where such district should be placed.
These districts alloted to business do
not mean that every building within
such district must be devoted to business,
merely that business buildings may be
erected and business carried on in these
districts but not elsewhere, permitting in
addition either single or double dwellings to
be erected in these areas to any extent
210
desired by the owners of the properties. If any
dwelling standing in any of these business
districts be damaged by fire, it may be rebuilt
as a dwelling, if the owner desires.
The fact that these districts are designated
business districts does not exclude residences;
it requires that business be located therein
and not elsewhere.
Additional business districts may be
established from time to time by two — thirds
vote of a town meeting as the need for such
additional districts develops.
Residences
All existing non-conforming dwellings
remain undisturbed. The bulk of the open
area in the town is reserved for single-family
dwellings because, in the opinion
of the majority of your committee, that
character of development will be distinctly
to the beest interests of the town as a whole
and of the individuals owning the properties.
If at any time the owners of properties in any
given section of the town show that their
several properties can be successfully developed
only by admitting two-family dwellings, they
may, by a two — thirds vote in a town meetin,
have such areas opened for two-family
development. The majority committee, however,
recommend several specific areas within
which two-family dwellings may be erected
at any time in addition to single-family
dwellings existing or to be built therein, such
two-family areas being specified as follows:
Beginning at the Arlington line, on both sides
of Massachusetts Avenue as far north as Oak
211
Street; also on both sides said Avenue from
Pleasant Street to Plainfield Street; also in
Lexington Centre, at the east of Massachusetts
Avenue beyond the railroad and embracing
what is known as the Grant Street and
Fletcher Avenue district as shown by the earlier
plan of the Board; also, to the west of Massachusetts
Avenue in the district generally
bounded by Waltham Street, Vine Brook and
Parker Street, as shown on said earlier plan;
also, on both sides of Bedford Street from shown
Custance Brothers' shop to Revere Street, and
upon Concord Hill, on the easterly side of
Massachusetts Avenue from Cedar Street to
and including Lake Street and Columbus
Avenue.
The two-family districts above specifically
designated do not mean that nothing but
two-family dwellings may be erected therein,
but that two-family dwellings may be
erected therein in addition to single-family
dwellings at the option of the property
owners.
As above stated, additional two-family areas
may be created from time to time by the town
as the need for the same develops.
The area in the McIntosh development on
Middle Street at "Grape Vine Corner" and to
the west therefo previously recommended
for double-family development is, by the
present report, removed from such development
and is recommended as a single-family
development in common with adjacent
areas. So also the area bordering both sides
of Bedford Street from just above the coal
yard to the Bedford line, which in the
earlier report ws recommended for double-family
development, is by the present report
212
removed from such development and recommended
as a single-family developlment in
common with adjacent areas.
The By-Law Itself.
Taking up now the provisions of the by-law
itself, no change is recommended by
the majority committee with respect to
Section 1 to 6, inclusive, that was not
recommended at the time the report was
presented at the February 18th special town
meeting.
Section 7, MI districts, for light manufacturing,
has been amended by the present
majority report by cancelling the last
two clauses of the paragraph reading:—
"and employing not more than twenty
employees, in any single and segregated
building unit."
The foregoing cancellation permits any
number of employees to be employed and
should satisfy the demands of all favoring
the encouragement of manufacturing.
Under "Height Regulations," Section 8,
paragraph (a), the limit of height of
residences has been increased to 40 feet.
The principal protection is still derived from
the limitation to "two and one-half stories"
and the increase in feet is given to make
certain that no such residence shall be
excluded if found in conflict with the provisions
of this Section.
The former Section orginally prescribing the
height of buildings in the business section, has been
cancelled, as it is thought it should more properly
be placed in the building law regulations.
Should the permit zoning by-law be adopted, the
213
Planning Board will later ask an amendment
to the building laws to cover what was
originally intended to be covered by this Section.
Under the title "Area Regulations" the first
Section has been redrawn to give some further protection
than was originally provided. It will be
observed that Section 9 now calls for a frontage
of not less than 50 feet and an area of not
less than 5000 square feet per dwelling. A lot
50 by 100 feet is as small as any lot should be
for a single dwelling house. It was objected
to the earlier provisions that a corner lot
suffered by reason of the customary rounding
of the angle at the corner and would place
present owners of such lots at a possible disadvantage.
This possibility has been removed
by the second paragraph of Section 9, which
provides that where a curved line has
been employed to define a corner, the frontage
and area shall be computed as if the lines
stood without such connecting curve.
Section 13, covering a stall or stand
for selling farm and garden products, has
been amended somewhat, as has also the
preceding Section 10, and the language has
been enlarged to permit the sale of cider
and like beverages where desired and in
accordance with prevailing practices. The
language originally employed was intended
to comprehend such use, but in amended
form is more explicit in that respect.
Uner "Exceptions" the former sub-paragraph
(c) has been made (d) and a
new paragraph (c) has been inserted to cover
the use of gravel in the making of concrete
blocks; the saving of timber, etc.
Under "General Provisions," Section
numbered 16 has been recast to state in affirmative
214
language substantially what was
originally stated negatively. The difference
is almost entirely in language rather
than in substance.
When the original report was presented
by the Planning Board it was stated
that Section 21 entitled "Setback" had
been withdrawn in favor of setbacks obtained
by special agreement, as has already been
done with respect to a number of the principal
streets of the town.
While the majority committee still
believe that setbacks obtained by special
petition and release would be preferable
because admitting of greater latitude and freedom
of action, such method would take
considerable time and the committee has
ascertained that building enterprises are
imminent that would produce undesirable
conditions and congestions
unless reasonable setbacks are required.
The majority committee, therefore, has
voted to restore the original provision
and has enlarged its scope to include
the several isolated business districts
at the junction joints therein named,
to prevent buildings that are about to
be erected in some of these districts from
being placed forward upon the exterior lines
of the streets and so produce congestion.
It was the original intention of the
Planning Board to arrange with
individual owners to provide circular
areas at these junction points so as to
guard against accidents, but in some
instances, at least, there is not time to
carry out that plan, hence the provision
for the 20 foot setback which will produce
215
reasonably satisfactory results.
Mention has been made of the omission in
the proposed by-law to provide a penalty, and
such omission was cited as an alleged
instance of insufficient consideration in the
preparation of the by-law.
The fact is the matter was carefully
considered by the Planning Board before
presenting its original report and it was
then decided that a penalty was of little, if
any, avail in protecting the town, the only
real protection being by injunction. Further
consideration has not led the majority
committee to change its position in this
respect. When an individual is found to
contemplate violating the by-law, the most
effective remedy is to enjoin him from
proceeding. Since an injunction must
be had in any case if an owner persists in
the violation of the law, your committee
has concluded, and in this is supported by
competent legal advice, that where the real and
effective remedy to be relied upon must be by
injunction, it is better not to prejudice the
issuance of an injunction by providing a penalty,
which, if first imposed, might be considered
by a court to have reasonably satisfied the
requirements of the by-law.
It is hoped that this report will have
given a clear understanding of the plan
proposed by the majority committee and of
the reasons that have influenced their
recommendations.
Respectfully submitted,
Frederick L. Emery, Chairman
Leroy S. Brown
J. O. Tilton, M. D.
216
Willard D. Brown
Edwin B. Worthen
J. Henry Duffy
Neil McIntosh
Clarence H. Cutler
Being a majority of the members of the
Joint Planning Board and Conference Committee.
Lexington, Mass.
March 14, 1924.
Proposed Zoning By-Law For The Town
of Lexington.
Section 1. To promote the health, safety,
convenience and welfare of its inhabitants,
to lessen the dangers from fire, congestion and
confusion, and to improve and beautify the
town, the Town of Lexington, under the provisions
of the General Laws, including
Chapter 40, Sections 25 to 30, inclusive, and
Chapter 143, Section 3, is hereby divided into four
classes of zones or districts, defined and bounded
on the zoning map prepared by J. Henry Duffy,
Town Engineer, filed with the Town Clerk at
this meeting, which map is hereby made
a part of this by-law.
Sec. 2. Definitions. In this by-law, the
following terms shall have the meanings
hereby assigned to them:—
(a) A One-family Dwelling is a detached dwelling
intended and designed to be occupied
by a single family.
(b) A Two-family Dwelling is a detached
217
dwelling intended and designed to be occupied
by two-families.
(c) An Accessory use or building is a use or
building customarily incident to and located on
the same lot with another use or building.
(d) A Non-conforming use or building is an
existing use or building which does not conform
to the regulations for the district in
which such use on building exists.
Use Regulations
Section 3. Residence districts are indicated
on the map as follows: RI indicates one
family dwelling districts; RII, two family
dwellings; CI, commercial — local retails
stores, and other permitted businesses; and MI
Manufacturing — light manufacturing.
Sec. 4. RI districts (one-family dwellings).
1. One-family, detached, houses
2. The taking of boarders or the leasing
of rooms by a resident family.
3. Churches, schools, public libraries, public
buildings, parish houses.
4. Private clubs not conducted as a business.
5. Public parks, playgrounds, recreation
buildings, water towers and reservoirs.
6. Farms, greenhouses, nurseries and truck
gardens.
7. Real estate signs advertising the sale
or rental of only the premises on which
they are located and bulletin boards
accessory to uses specified in 3 and 5
of this section.
8. Local railway and public service passenger
stations.
Sec. 5. R.2 districts (two-family dwellings)
218
All buildings and uses permitted under
RI and the following:
1. Two-family dwellings.
2. Hotels and boarding houses.
3. Fire and police stations.
Sec. 6. CI. districts (retail stores, offices, etc).
All buildings and uses permitted under
R. 1 and R. 2, and the following:
1. Retail stores.
2. Retail trade or shop for custom work or the
making of articles to be sold at retail on the
premises.
3. Manufacturing clearly incidental to a retail
business lawfully conducted on the premises
shall be permitted in a C 1 district.
4. Offices — business or professional, and banks.
5. Place of business of baker, barber, blacksmith,
builder, carpenter, caterer, clothes cleaner and
presser, confectioner, contractor, decorator, dressmaker,
dyer, electrician, florist, furrier, hairdresser,
hand laundry, manicurist, mason, miliner,
newsdealer, optician, painter, paper-hanger,
photographer, phumber, printer, publisher,
roofer, shoemaker, shoe-repairer, shoe shiner,
tailor, tinsmith, undertaker, upholsterer, wheelright.
6. Theatres, moving picture shows, bowling
alleys, skating rinks, billiard rooms and
similar commercial amusement places.
7. Lumber, fuel and ice establishments.
8. Gasoline and oil stations.
9. Garages for storage or repairs, stables.
10. Salesrooms for motor vehicles.
11. Apartment houses.
12. Telephone exchange or telegraph office.
Sec. 7. M1. districts (light manufacturing).
All buildings and uses permitted under R1,
R2, and C1 and the following:
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Light manufacturing, employing electricity
for a motive powere, utilizing hand labor and0or
quiet machinery and processes, free from neighborhood
disturbing odors and/or agencies.
Height Regulations.
Section 8. Residence Districts. (a) The
limit of height in all residence districts shall
be two and one-half stories, not to exceed
forty feet, except that schools, municipal buildings
and hotels may contain three full stories
and may go as high as forty-five feet.
(b) The limitations of height in feet shall
not apply to chimneys, ventilators, skylights,
tanks, bulkheads, penthouses, and other accessory
features usually carried above roofs, nor to
domes, towers, or spires of churches and other
buildings, if such features are in no way
used for living purposes.
Area Regulations
Section 9. In R1 and R2 districts, land laid
out after adoption of this by law, shall provide
for each dwelling house, a frontage of not
less than fifty feet upon the highway and
an area of not less than five thousand
square feet.
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.
Accessory Uses
Section 10. Accessory uses shall be on the same
220
lot with the building of the owner or lessee,
and shall be such as do not alter the character
of the premises on which they are located nor
impair the neighborhood.
Sec. 11. Private garages for not more than
three cars shall be permitted as accessory uses.
Sec. 12. Where the term "accessory" applies
to manufacturing of any kind, it shall be
restricted to such light manufacturing as is
incidental to a permitted use and where the
product is customarily sold on the premises by
the producer to the consumer.
Sec. 13. A stall or stand for selling farm
and garden products may be permitted as an
accessory use in R districts, but only for the
sale of products raised or produced on the
premises by the owner or lessee thereof together
with like products, if desired, raised or produced
on other premises of such owner or lessee
within the town limits; also for the sale
of beverages made by or for the owner or
lessee from products grown upon such
premises.
Sec. 14. Hotels, as distinct from apartment
houses, where permitted under this by-law
shall contain no arrangements of any description
for private cooking or housekeeping.
Exceptions
Section 15. Exceptions Under Specific Rules. When
in its judgment the public convenience and
welfare will be substantially served, and where
such exception will not tend to impair the
status of the neighborhood, the board of selectmen
may in a specific case, after public
notice, a hearing, and subject to appropriate
conditions and safeguards, determine and vary
221
the application of the district regulations here
established in harmony with their general purposes
and intent as follows:
(a) Permit the alteration of a one-family
house or building wherever located to accommodate
more than one family.
(b) Permit in undeveloped sections of the
town temporary and conditional structures
and uses that do not conform to the regulations
herein prescribed, provided that no
such permit shall be for more than a one-
year period.
(c) Permit production of articles in whole
or substantial part from materials excavated
or grown upon the premises.
(d) Permit in any district any use
obviously intended, because harmonious,
compatible, accessory, or necessary for public
convenience, but which has not been
specifically mentioned.
General Provisions.
Section 16. Existing Buildings. Any building
or part of a building which, at the time
of the adoption of this by-law, is being put
to a non-conforming use may continue to
be used for the same purpose or for purposes
not substantially different, and may
be repaired, rebuilt or structurally altered;
but no such building shall be extended or
enlarged except upon written approval of
the Planning Board, a duly advertised public
hearing by the Selectmen and a permit thereafter
by the selectmen.
Sec. 17. District Boundaries. The district
boundaries shall be as shown on the zoning
map. When boundaries run between streets
222
and approximately parallel to them they shall
be deemed to follow a mean line between said
streets except that any such boundary when
bounding the rear of a business district or
where paralleling a street through a
relatively undeveloped area shall be not
more than one hundred feet inward from
the building line of such street.
Sec. 18. In residence districts designated as
R1 and R2, and in C1, districts designated at
the following points, namely, Junctions of
Waltham and Middle Streets known as Grape
Vine Corner; junctions of Middle and Spring
Streets; junction of Lincoln, School and
Marrett Streets commonly known as Five
Forks; junction of Waltham Street and
Concord Avenue; and junctions of Woburn
and Lowell Streets, a front yard or a
service yard of at least twenty feet in
depth between the exterior line of the street
and the adjacent line of any porch or building
shall be provided for every lot of land, and
no new building or structure shall be
constructed and no building or structure
shall be moved, altered, reconstructed, enlarged
or rebuilt in such districts so that
a yard less in depth shall result; except
that this section shall not apply to buildings
fronting on streets on which building
lines shall have been specifically established
according to law during or subsequent
to the year 1924.
Sec. 19. Variations. Where this by-law
imposes a greater restriction upon the use
of buildings or premises than is imposed by
existing provisions of law or by-laws, the
provisions of this by-law shall control.
Sec. 20. Plats. Whenever required by the
223
building inspector for his information, applications
for building permits shall be accompanied
by a plan of the lot in duplicate, drawn to
scale, showing the actual dimensions of the lot
and the exact location and size of buildings
already upon the lot, and of the buildings
to be erected, together with streets and alleys
on and adjacent to the lot. A record of
such applications and plats shall be kept
on file in the office of the building inspector.
Sec. 21. Enforcement. Except as otherwise
provided, this by-law shall be administered
by the building inspector. He shall approve
no application of any kind, plans and
specifications and intended use for which are
not in all respects in conformity with this
by-law.
Sec. 22. Occupancy Permit. No building
erected, altered or in any way changed as
to construction or use under a permit or
otherwise, shall be occupied or used without
an occupancy permit signed by the building
inspector, which permit shall not be
issued until the building and its uses
and accessory uses comply in all respects
with this by-law.
Sec. 23. Appeals. Any person aggrieved
by the refusal of the building inspector
to issue a permit on account of the provisions
of this by-law, or any person who is aggrieved
by the issuance of a permit or by
a decision of the building inspector made
under the provisions of this by-law, may,
by giving the building inspector and the
board of appeal notice in writing within
ten days from the date of the issuance of
the permit or of the decision appealed from,
appeal to the selectmen, who shall give
224
notice and a public hearing before rendering
a decision, and record all decisions
and the reasons therefor.
Sec. 24. Amendments. The planning
board, upon petition signed by fifty per
cent in valuation of the property affected,
or upon its own initiative, shall hold
public hearings, fourteen days' published
notice of which shall be given, for the consideration
of any amendments to this by-law,
and report to the Town its recommendations
as to what action should be taken.
Sec. 25. The invalidity of any section or
provision of this by-law shall not
invalidate any other section or provision
thereof.
Sec. 26. This by-law shall take effect
upon its approval by the Attorney General
and publication according to law.
225
Report of the Minority of the Committee
Appointed to Consider and Report
a Zoning By-Law for the Town
of Lexington.
Lexington, March 14, 1924.
To the Citizens of Lexington:
We, the undersigned members of the
Committee appointed by vote of the town on
February 18, 1924, to consider and report to the
town regarding a Zoning By-Law, being
unable to agree with the recommendations
of the majority of said Committee,
herewith respectfully present our minority
report.
Under said vote of the town our Committee
was composed of the six members
of the Planning Board and the following
six citizens, namely: Dwight F. Kilgour,
Wesley T. Wadman, Edgar W. Harrod, Bartlett
J. Harrington, Clarence H. Cutler and Neil
McIntosh.
Your Committee has held three meetings,
the first one on February 22nd,
which was attended by four members
of the Planning Board and all six of the
citizens members. The second one on
February 26th, attended by three members
of the Planning Board and all six of the
citizens members and the third, held on
March 4th attended by all twelve members
226
of the Committee.
The purpose of the appointment of our
Committee was to see if, by conference
and further consideration, the objections
raised with reference to the Zoning By-Law
presented by the Planning Board could be
overcome and a by-law presented which
would be fair and just to all real estate
owners, and also protect the best interests of the
town as a whole.
While the Committee have agreed upon
certain modifications of the Zoning By-law
presented by the Planning Board there still
remain certain vital differences which have
prevented the undersigned members from
being able to join in the report of the
majority.
Believing as we do that the Zoning by-law
must affect beneficially or injuriously, the
value of all real estate to which it
applies, and believing also that the by-law
now presented by the majority of our Committee
is in certain important respects,
far too drastic, and also unnecessarily and
unreasonably invades the rights of owners
of real estate, we have been unable to
agree upon the by-law proposed by the
majority of the Committee and have therefore
deemed it our duty to the citizens of
the town to submit an alternative zoning
by-law which we believe duly cares for
the rights of all property owners affected,
and also fully protects the best interests of
the town as a whole.
The principal points of difference are as
follows:
1. The minority of the Committee believes
that the plan of the majority which restricts
227
by far the largest part of the town to one
family dwellings is too drastic, considering
the large area of the town now unoccupied
and the minority therefore in the by-law
which it presents, provides for dwellings for
one and two family houses, instead of only
for one family houses and therein substantially
follows the provisions of the
Zoning By-laws now in force in the
towns of Brookline, Milton, Watertown
and Winthrop, which we believe will give
Lexington ample protection in this respect.
2. The minority of the Committee believes
that the present industrial and manufacturing
interests of the town should be
properly protected and reasonable provision
made for expansion and development in
certain restricted and suitable localities.
3. The minority of the Committee believe
that the localities best suited for business
purposes should not be restricted to
residential purposes only.
4. The minority of the Committee has
omitted in its proposed by-law various
provisions which are already sufficiently
covered by the building laws of the town,
and have thereby sought to avoid the
confusion and possible conflict which
might arise from including separate
and independent provisions in the zoning
by-law.
We therefore present for your consideration
and approval the following by-law
which we believe fully conforms not only
to the letter and the spirit of the Zoning
Act itself, but also will serve to fully
care for rights of property owners affected,
and also protect the best interests of the
228
town in general.
Respectfully submitted:
Dwight G. Kilgour
Wesley T. Wadman
Edgar W. Harrod
Bartlett J. Harrington.
Town of Lexington
Zoning By-Law.
Regulations as to the Use and Construction
of Buildings.
Art. 1 Residence Purpose
Section 1. Except as herein otherwise
provided no building within the borders of
the Town of Lexington shall be erected,
altered, or used which is intended or
designed for any other purpose except one or
more of the following:
(a) A dwelling for one or more families.
(b) A hotel, lodging or boarding house.
(c) A club other than a club which is
carried on for the purpose of making
a profit.
(d) A church, school or academy.
(e) Other purposes which are not particular
industries, trades or manufacturing.
(f) A railroad passenger station.
(g) A farm, truck garden, nursery or
greenhouse.
(h) Any accessory purpose customarily
229
incident to the foregoing purposes, and
which accessory purpose is not detrimental
or obnoxious to the districts where situated.
Article 2.
Business Purposes.
Section 1. The following districts shall be
designated for the carrying on of commercial
pursuits, and shall also include any
uses permitted under Article 1, namely:
District 1. On either side of Massachusetts
Avenue from Fottler Avenue, East Lexington,
to the northerly line of Curve Street, East
Lexington.
District 2. On either side of Woburn Street
from the westerly line of Cottage Street to
Massachusetts Avenue. On either side of
Massachusetts Avenue from its junction with
Woburn Street and Winthrop Road to the
easterly line of Meriam Street.
On either side of Waltham Street from
Massachusetts Avenue to the northerly line
of Vine Brook Road, and
On either side of Muzzey Street from
Massachusetts Avenue to a point three
hundred (300) feet southerly from Massachusetts
Avenue.
District 3. On either side of Bedford
Street from the southerly line of the property
now known as the Colonial Garage
to the northerly line of the property occupied
by Custance Brothers' carpenter shop.
District 4. On either side of Bedford Street
from its junction with Reed Street to a
point two hundred (200) feet beyond the
notherly line of the junction of North
Hancock Street with said Bedford Street,
230
and also on either side of North Hancock Street
northerly a distance of four hundred (400) feet.
District 5. On either side of Massachusetts
Avenue between Cedar and Lake Streets.
District 6. On either side of each intersecting
street a distance of two hundred (200) from
the junction of Middle and Waltham Streets.
District 7. On either side of each intersecting
street a distance of two hundred (200)
feet from the junction of Lincoln, School and
Marrett Streets.
District 8. On either side of each intersecting
street a distance of two hundred (200) feet from
the junction of Waltham Street and Concord
Avenue.
All the foregoing districts designated for
commercial purposes shall have a depth extending
back a distance of one hundred and
fifty (150) feet from the street line.
Article 3.
Manufacturing Purposes.
Section 1. The following districts may be
used for the carrying on of light manufacturing
and may also include any uses permitted
in Article 1 and Article 2, namely:
District 1. On land adjoining the Boston &
Maine Railroad, commencing at the Arlington
Town Line and extending along the
northerly side of the location of said railroad
to within three hundred (300) feet of
Maple Street.
District 2. From where Valley Road Crosses said
railroad location along the northerly line of
said location to the Bedford Town Line.
Said districts to extend a depth of three
hundred (300) feet from line of the location of
said railroad.
231
Article 4.
Existing Buildings.
Section 1. Any building or part of a building
which at the time of the adoption of these by-
laws is being used for a purpose which does
not conform to the restrictions of the
district _ wherein it is situated _ may be
permitted to continue in such use and
may also and is hereby allowed to be
enlarged and auxiliary buildings may be
built for the purpose of accommodating
additional business of such business as is
at present carried on.
Sec. t. Nothing in the preceding section shall
be construed to effect any building for which
a permit has been issued and upon which
work has been commenced prior to the adoption
of this by-law.
Sec. 3. All public parks, playgrounds, churches,
lodges, schools and land or buildings belonging
to, or occupied by, the United States
government or the Commonwealth shall
be exempt from the requirements of this
by-law.
Article 5.
Enforcement and Penalties.
Section 1. This by-law shall be enforced
by the Building Inspector and his decision
in any matter relative thereto, shall be
subject to a review of the Board of Appeal
as provided for in the building laws of
the town.
Sec. The jurisdiction of course in equity
and at alw and penalties for violation
of any of the provisions of this by-law
232
shall be the same as are provided for
violations of the building laws of the town.
Article 6.
Amendments.
Section 1. Upon a petition of any owner of
real estate to amend or alter any of the
provisions of this by-law, the Selectmen
shall give a public hearing, but seven days
before such hearing is given, the selectmen
shall publish a notice thereof in one or
more local papers and shall also mail a
notice of such petition to each property owner
within one-half mile of the location specified
in such petition.
233
Report School Building Committee.
(Accepted at Town Meeting June 26, 1924 - Vol. 15. Pg. 555)
June 26, 1924.
Town of Lexington:
Your School Building Committee consisting of
Mrs. Nine F. McLellan, George E. Briggs, John Calder,
Howard S. O. Nichols, Janice Stuart Smith, Howard E.
Custance and W. H. Ballard, appointed by the Moderator
in accordance with the vote of the Town of Lexington
at the meeting held March 10, 1924, believes that it is
essential for them to report to you at this time the
progress which they have made and the problems with
which they are faced, in order that you may instruct
them as to the way and manner in which you would
like to have them proceed with the work which you have
authorized.
The vote referred to is as follows:
That the Town authorize the Moderator to appoint
a Building Committee of seven, of which three shall be
the School Committee, to secure architects plans and
contractors bids for a new High School Building and
an addition of four rooms to the Parker School on
substantially the plans as recommended by the Committee
of Seven on Increased School Accommodations.
It was also voted that the Town appropriate
and assess the sum of $13,000 to cover the expense
of the School Building Committee's work up to and
including the building plans and bids for the program
already authorized.
The report of the Committee of Seven dated February, 1924,
and presented at the Town Meeting March 10, 1924, referred
to in this vote, illustrated very forcibly our unusual
lack of school accommodations and the imperative need for
completing new school buildings at the earliest possible
moment to provide proper quarters which are lacking today,
and future accommodations for the normal increase in
school population.
234
The Members of the Committee received notice of their
appointment on April 1st. and held their first meeting on
April 5th; organizing with W. H. Ballard as Chairman, -
Mr. Lowry acting as Clerk.
You are all familiar with the fact that in order to
provide the funds for proposed new school acommodations [sic]
it would be necessary for the Town of Lexington to
borrow outside of its debt limit by securing a special
act of the Legislature.
The borrowing capacity of the Town of Lexington inside
of the debt limit was, on January 1, 1924, $142,573.84.
Your Committe felt, even though this phase of the work
was not specifically mentioned in the vote of the Town,
that the burden of securing the necessary legislations
fell on their shoulders, since, without the ability to
borrow a sufficient sum outside of the debt limit, it
would not be possible to provide the funds for the new
school accommodations. This was discussed in detail at
the first meeting, and a sub-committee appointed, with this
result that in April, 1924, House Bill #1617 was enacted
by the Legislature authorizing the Town of Lexington to borrow,
from time to time, within a period of five years from the
passage of this Act, such sums to be used for the purpose
of constructing a new high school building and additions increased
the floor space, and for the purpose of equipment and
furnishings for said buildings or additions, and for remodelling
the present high school building.
This Act also contains the direct stupulation that
no loan shall be authorized under this Section unless a
sum equal to an amount not less than 10% of such loan,
is voted for the same purpose and assessed in the tax levy
of the year in which the loan is authorized.
At the first meeting on April 5th, plans for a four room
addition to the Parker School were discussed and an invitations
was issued to W. D. Brown, Architect of the present Parker
School, to attend the next meeting. At the second meeting, on
April 9th, W. D. Brown was selected as Architect for the
Parker School addition.
235
The Committee discussed at length the procedure which
they would follow in selection of an architect for the High
School. Ritchie, Parsons & Taylor were, at the sixth meeting
held on April 23d, selected as Architects for the High
School.
The Committee also discussed and determined at their
second meeting, that they should proceed with both the
Parker School addition and the High School Building as
our project of increased school accommodations, rather
than attempt to give separate consideration to each project,
or complete their report on our project rather than on
both.
Your Committee also gave serious consideration to the
amount of time which was available in which to complete
the works which they had been instructed to do, realizing
that they had only three months between that time and
the probably date on which the Assessors would complete
their assessments for the year 1924. If actions were not
taken until after this time, it would bot be possible
for the Town to vote to appropriate and levy a further
assessment for the year 1924.
If such an appropriation could not be made,
money could not be borrowed outside the debt limit in
accordance with Bill #1617 which requires, in accordance
with the fixed policy of the Legislature, that the borrower
must appropriate and assess, in the year in which the
borrowing is authorized, a sum equal to 10% of the amout
authorized.
Your Committee decided that three months was not
sufficient time for them to determine upon the complete and
final plans and detailed specification of the proposed
buildings, have the plans prepared by their Architects, and
invite actual bids from reliable contractors, and present
the bids to the Town with their recommendation as to the
bids which should be accepted.
The Committee then arrived at a tentative decision
(which was confirmed at a later meeting) that it would
be for the best interests of the Town for them to determine
on the type and kind of buildings which they would recommend
236
secure from their Architects plans and specifications of the
type of buildings determined upon, with an expression of opinion
from the Architects, based on previous experience with the construction
of similar buildings, as to their cost, also to secure estimates
based on said plans and specifications. These facts, in the
opinion of the Committee, would furnish the Town with sufficient
information so that they might take definite action at a Town
meeting to be held prior to July 1, in respect to authorizing
a Committee to construct such type buildings and authorize
the loans and appropriations necessary in order to provide
the funds to pay for the erection of such buildings.
Your Committee has prepared, and present for your
consideration, plans of the type and kind of buildings which
they recommend you authorize constructed, together with contractors'
estimates and architects opinions as to the probable
cost of such buildings. The Committee feel the contractors'
estimates secured, furnish sufficient information in regard
to the probable cost of the proposed buildings for you to
authorize construction of the buidlings and the borrowing
and appropriation of the money necessary to construct them.
The estimates of the cost for both buildings and equipment
are as follows:
A four room addition to the Parker School with the
easterly hald of the basement floor available for play room
or community purposes, - the westerly half of the basement
would have full sized windows on the West and nearly full
sized windows on the South and could be used for two future
class rooms. Estimated cost of construction, including
grading, relocation of driveway and additions to plumbing
and heating equipment - $58,800.00
New furniture and equipment 2,000.00
Total estimated cost for Parker School $60,800.00
A new Senior High School to be placed directly south
of and adjoining the present High School with such alterations
as are necessary to a portion of the Massachusetts
Avenue frontage of the present High School Building
as are essential in order to produce a single building
of uniform appearance; corridors in the present
237
High School would be continued in the new building and
a new enclosed fireproof stairwell at the northerly end
of the new building would replace the open stairway
in the present High School Building, to be available
for a fire exit from the present building.
The new senior high school building will provide
the equivalent of twenty rooms and gymnasium 66' x
80' in the basement, and a street floor auditorium with
a seating capacity of over 500. They gymnasium, auditorium
and lunch room in the basement will be available for
both junior and senior high school pupils.
The estimated cost of the new building is $346,837.
Your present High School Building was erected
about twenty years ago and will require extensive
alterations to plumbing, electric wiring and exit facilities.
One modern heating plant installed in the new building,
and the removal of the present heating plant in the
High School Building will mean a substantial saving
in the cost of heating the present building.
Two additional class rooms will be constructed
on the top floor of the building; numerous other alterations
and repairs will be required in order to bring the present
building up to the present state requirements. Structural
alterations will have to be made to a portion of the
Massachusetts Avenue face of the building.
All of these items we estimate will cost $53,000.
We estimate the cost of furniture and equipment
required for the present High School, when used as a
junior high school, and furniture and equipment for the
new senior High School, to be $35,000.
All of these estimates give us a total of $494,837.
Your Committee feels that some of the items which are
included in these estimates may be omitted, and that
further savings may be made so that we recommend you
vote to appropriate the sum of $480,000 to be assessed
and borrowed as follows: -
A fifteen year loan outside the debt limit in
accordance with House Bill #1617 - $350,000.
A twenty year loan inside the debt limit - $94,500.
238
Appropriate and assess, in accordance with the terms
of Chapter 338, the Acts of 1923, a sum not less than 25¢
for each $1000 of the assessed valuation of the Town of
Lexington - $3,500.
Appropriate and assess, in accordance with House Bill
#1617, Chapter 294, Acts of 1924, the balance of the $35,000
required after deducting from the same the $13,000, already
appropriated for this purpose by vote of the Town on
March 10, 1924.
Total additional appropriation to be made $467,000.
Appropriation already made 13,000.
Total Amount required $480,000.
The Committee has prepared for your use, with the
assistance of E. C. Stone, Town Council, and Theodore K.
Waddell, Director of Accounts of the Commonwealth of
Massachusetts, a vote which will be sufficient for you to authorize
and instruct a Committee, or this Committee if you so desire,
to proceed to erect the buildings which they have recom-
mended, and which will give the required authority to the
proper officials of the Town to levy the necessary assessments
and negotiate the loans recommended.
The Committee will be pleased to add to the information
which they presented in this report, any further facts
which you would like to have in regard to this matter.
Nina F. McLellan (Mrs. Nina F. McLellan)
George E. Briggs
John Calder
Howard S. O. Nichols
James Stuart Smith
Howard E. Custance
William H. Ballard, Chairman.
239
Report of Committee on Collection of Garbage.
(Town Records - Vol. 15 - Pg. 558)
The Committee, appointed by vote of the
Town on March 10, 1924, to investigate the subject
of Garbage collection, cost of handling and disposal
of same, herewith submit the following report:
Your committee has made personal calls
on the Boards of Health and the neighboring towns
of Arlington, Winchester, Belmont, Concord, and also
Brookline.
In all these communities, the Garbage is now
collected with town equipment and by Town
Employees, in every instance your committee was
warned not to give any consideration to the
contract system, admittedly, from the standpoint
of Dollars and Cents, much less expensive, the
contract system of handling the collection of Garbage
has proven unsatisfactory, a constant source of
trouble to Town officials and citizens alike and
speedily given up by these several Towns.
Your committee would submit for consid-
eration a few of the figures obtained by them from
the above named towns and which proved of value
in estimating the cost to Lexington for similar
service.
In Brookline
Number of People Served | 41,000
Equipment | 4 - 3-1/2 ton Trucks
| 1 - 2-1/2 " "
11 - Men
Number of Collections | 3 weekly (stores, hotels,
restaurants daily.)
Amount of Garbage collected | 7,000 tons
240
Gross Cost | 1923 | $40,000 | 1924 $43,000 |
Receipts from sale | | 12,000 | 6,000.
Net cost | | $28,000 | $37,000
In Arlington
Number of People served | 22,000
Equipment | 5 single teams
| 10 men
Number of collections | 2 weekly (stores, hotels,
and restaurants 3 weekly)
Amount of Garbage collected | 1750 tons
Gross cost | 1923 | $19000 | 1924 | $19,000
Receipts from sale | | 3200 | | 1200
Net cost | | $15,800 | | $17,850
In Winchester
Number of People served | 11,000
Equipment | 2 single teams
| 1 Ford Truck
| 6 men
Number of collections | 2 weekly
| 3 weekly in centre
| during summer months
Amount of Garbage collected | 1000 tons
Gross cost | 1923 | $8000 | 1924 | $8000
Receipts from sale | | 1400 | | 700
| | $6600 | | $7300
In Belmont
Number of people served | 14,000
Equipment | 2 single teams
| 1 Ford Truck
| 6 men
241 Number of collections attempting 2 a week - at present
every 4th or 5th day (amount not known)
Gross Cost 1923 $19,000 - 1924 - $19,000
Receipts from sale 1,400
Net Cost $17.600
In Belmont, it should be stated this system
has been running but one year.
Concord has just recently given up the contract
systems and it now collecting from a limited
area with, 1 Ford Truck and 2 men. For this
purpose the Town appropriated $4000 to
carry on the work for eight months with the
proviso that the families served bear one-half
the expense. This, it has been estimated, would
cost about $3.00 per family.
In addition to the above data, before attempt-
ing to reach any conclusion as to the cost to the
Town of Lexington, your Committee consulted the
several local contractors who had a year ago
submitted bids for doing this work, they have
interviewed a number of persons who are now
gathering the Garbage from the centre of the Town
for their own use, and visited three of the large pig-
geries relative to the sale of the Garbage collected.
Lexington has approximately 7000 people
and 1300 houses that would be entitled to this
service. To provide two collections a week from
there 1300 families and daily collections from the
stores, would require the service of four men
and either two single teams or possibly one single
team and a small truck, at a cost of $8000.
On a view of the number of citizens that
keep one or more pigs and the much greater
number that keep hens to which they feed the
refuse from the table, it is unwise to assume that
this Town could collect over 600 tons of garbage
a year. From the sale of this the Town could pro-
242
bably realize about $500 making the net cost
for a complete service around $7500. The committee
of course appreciates that fewer collections, or collections
from the congested districts only, or the cooperation
plan as being tried out in Concord would
lower this cost in proportion and the citizens
might care to make a start on one or the other
of these proposition. Your committee, however, in
seeking the opinions of citizens in various sections
of the Town, found no great demand for this service
except in one section of East Lexington, where the
officers of the Civic Association, stated the need of
caring for the garbage in their district was urgent.
It is fair to state that all the citizens approached
would like this service, but the problem had not
become so serious that they had given it any thought.
Your committee is of the opinion that at this
time, the whole matter without any menace to Public
Health or great inconvenience to a large majority of
citizens could be indefinitely postponed.
William E. Mulliken
Edward H. Sargent
Walter Longbottom
243
150th Celebration Committee Report.
To the Citizens of Lexington:
Your committee appointed to carry into effect
an appropriate celebration of the one hundred and
fiftieth anniversary (or sesquicentennial celebration, as
it is also called) of the Battle of Lexington beg leave to
submit the following preliminary report:
Matters Accomplished:
Through the efforts of our Congressman, Hon Frederick
W Dallinger, and our Senator, Hon William M. Butler,
a bill has been passed by Congress which provides for
a commission of four senators, four representatives,
and three other members to represent the Federal Government
in its participation in the Lexington-Concord
sesquicentennial. The President has already appointed
the following: Hon. John W. Weeks, Secretary of War, Chairman,
General William H. Cocke, Superintendent of the Virginia
Military Institute; and Mrs. Charles Hamilton Sabin of
New York. The following have also been named: Senators
William M. Butler of Massachusetts; Ex-Representative
Frederick W. Dallinger of Massachusetts; Congressman James A.
Galliwan of Massachusetts; Andrew J. Montague of Virginia,
and Morton D. Hull of Illinois.
The Commission has organized and we are co-operating
with it and endeavoring through it to make our celebration
one nation-wide in its significance.
The bill further provides for the minting of 300,000
commemorative half dollars which are sold by arrangement
to the Lexington Trust Company and the Concord National
Boule for the sum of fifty cents a piece with the
privilege on the part of these banking institutions to
sell them for one dollar a piece.
By arrangement with the Concord Town Committee,
the two towns will share equally in the expenses incident
to furnishing the plaster models for these coins and in
244
the profits derived from the sale of these "Patriot Half
Dollars."
The two committees were fortunate in securing as the
sculptor to design these models Chester Beach of New York,
an artist of ability and experience, and one particularly
acquainted with the work of designing coins.
His model, surpassingly beautiful in design; has upon
one side a representation of the Concord Minute Man with
the statutory words and figures required and upon the
other a representation of the "old Belfry Lexington," so
designated; together with the words "Lexington-Concord
Sesquincentennial" and the figures 1775-1925. This model
has been approved, as required, by the law by the Fine Arts
Commission and the Secretary of the Treasury, and we are
advised by the Director of the Mint at Philadelphia that
we may expect the issue to be ready for delivery by about
April 1st.
The expence for the sculptor's services is $1250 which,
by law, is put upon the two towns. We believe that this
amount was well expended. It remains for us all to do
out utmost in assisting our trust company in securing
purchasers for these coins thus not only to finance
the celebration but also to provide a fund the interest
on which may finance future celebrations.
The bill further provided for a commemorative issue
of stamps. The one which we will designate as the Lexington
stamp is the two cent stamp in oblong form, contains a
most beautiful reproduction of our painting by Sandham of
the Battle of Lexington, and will be ready for sale about
April 9th.
Matters Planned
Tentative Program.
April 19, 1925, falls upon a Sunday so that the celebration
will be upon that day and the following day,
April 20, which in Massachusetts only is a legal holiday.
Our plans are and must be largely tentative dependent upon
whether and when the President will visit our town.
We purpose [sic] holding the usual commemorative service
245
in the Town Hall, under the auspices of the Lexington
Historical Society co-operating with the Sons of the American
Revolution and (we hope) with the Daughters of the
American Revolution.
The morning of April 20 will be ushered in by a
salute of guns, the ringing of the church bells, and (if it
be possible) of a bell in the Old Belfry, and a morning
parage of our school regiments, color guards, and girl scouts.
Later in the morning, upon the play-ground a
variety of athletic sports and games will be arranged for,
and around noon will occur, at the Capt. Parker Statue at
the foot of the Common, a reception to "Paul Revere" and
"William Dawes" upon their arrival after their rider from
Boston through the intermediate towns.
In the afternoon, we purpose [sic] having a parade
participated in by Federal and State Troops, veterans
of all our wars, colonial organizations from Massachusetts
and other states, and our school children and girl and
boy scouts. This will culminate with services upon the
Battle Green, the various participants defiling upon the
Green in concentric circles or crescents in front of the
platform provided for the speakers, our school children being
assembled within the inmost circle or crescent of troopers.
The conclusion of our exercises will be a band concert
upon the Common.
The President.
The President has been invited to join with us in
this most important celebration representative as it is of
the birth of American liberty and the founding of our
great Republic. The chief invitation to him has been
extended through the Governor of the Commonwealth, and
to this our chief executive has replied that he desires to
come although pressing matters of state may prevent.
He further imposes as a condition that he shall make
but one address. In making the necessary arrangements
to comply with this request, representatives of your committee
and the Concord Committee have met and this quesion
will be decided in amicable fashion as befits the importance
246
of securing the President's attendance. Ample preparations
have been made to provide for any contingency incident to
his visit, whether it be on Sunday or Monday or both.
While your Committee has sent its usual formal invitation
to the President, your Committee believes it a proper act to
pass a unanimous vote in terms as follows:
"The citizens of Lexington, in annual town meeting
assembled, extend to Hon. Calvin Coolidge, President of the
United States, a most cordial invitation to join with them
in a fitting celebration of the one hundred and fiftieth anniversary
of the Battle of Lexington upon April 19 and 20, 1925. They
also most respectfully suggest that April 19 and the historic
Battle Green where the fired blood of the Revolution was shed
and the first armed resistance took place are the most
appropriate time and place for an address to his fellow
country men upon the ideals of the plain-living, straight-
thinking, sturdy, God-fearing men, who, 'Too few to resist,
too brave to fly,' stood their ground, and fired only when
fired upon."
Decorations.
The chief decorations planned for the day include
those on the Battle Green. In the pathway that completely
encircles this historic spot will be placed poles or standards,
forty-eight in number, from each of which will be flown
the flag of each state of the Union. Within, of course, is
our flag pole, - the liberty pole as we love to call it, -
at the foot of which will be some simple but dignified
decorations, - from the half mast of which will be displayed
the five old Colonial Flags, and from the top will blow to
the breezes Old Glory. Thus will we typify the birth of our
nation and its present forty-eight constituent states.
It has seemed most appropriate in this connection
to have this sacred and hold spot at least upon Sunday
247
guarded by a detachment of West Pointers, two or more from
each state. Thus only can we strive effectively to bring
home to the country not only the nation wide significance
of the occasion but the sacredness of the spot itself.
Thus far, our efforts to secure these military students
have been futile but we are still sanguine that the idea
may appeal to the Secretary of War. To this end, we
recommend the passage by unanimous vote of the following
resolution:
"The citizens of Lexington, in annual town meeting
assembled, most respectfully petition the President of the
United States as Commander-in-Chief of our armies as well
as the Secretary of War to send to Lexington upon Sunday,
April 19, 1925, as a memorial guard of the sacred Battle
Green whereon the first blood of the Revolution was shed
a detachment of West Point Cadets drawn equally from the
forty-eight states of the Union.
With such a guard not only will the national
significance of the day best be displayed but the recollections
of all, wherever celebrating the day, will be that the Lexington
Green is, as it always will be, regarded as holy ground by
all who love their country."
Expenses and Appropriations
The expenses incident to a proper celebration
which, because of the importance and the magnitude of
it, cannot be too meagre, appear to be about as follows:
Finance Committee (Sculptor) $625.00
Feeding participants in parade 1800.00
Sports Committee 175.00
Decorations 2000.00
Invitations 300.00
Traffic and Police 1000.00
Fitting out School Regiment 1507.40
Publicity, programs, etc. 750.00
Sunday Exercises 500.00
Broadcasting 1325.00
Music 500.00
248
Reviewing Stands 1000.
Paul Revere Reception 25.
Incidental to Afternoon Parade 25.
[Total] $11,532.40
These estimates have been paired down, "to the
bone" but in view of the increasing though proper demands
of a celebration of such magnitude as is this of ours
there would seem to be demanded an appropriation of
$15,000.
While we expect easily to realize from the sale of
the coin a sum for in excess of this amount so that even
if the amount be appropriated and assessed, there never
will be the necessity of actually expending any funds out
of the Town Treasury, your Committee deems it both wise
and proper to ask for the passage of the following vite:
"Voted: that the sum of fifteen thousand dollars
($15,000) be appropriated and assess for the expenses
of the 19th of April celebration, which sum may be expended
under the direction of the Committee appointed by the Town
to carry into effect a fitting celebration."
As the Lexington Trust Company has generously and
in a most cooperative and patriotic spirit agreed to
advance your committee sums up to $10,000 for our expeses
and will undoubtedly supply us with any further amounts
necessary, there hardly seems any occasion to expect that
either the $500 already appropriated or the $15,000
called for by this vote will ever be ultimately paid by our
citizens.
Conclusion
In concluding this report of progress, your Committee
desires to impress upon each and every one of our citizens
that this is his and her celebration; that we are, each
and every one of us, hosts to the country at large; that we
must all work together, striving each one to his or her utmost
capacity to make this celebration not only worthy of a progressive
and alive Lexington of 1925 but also one worth while
and carrying to all our countrymen in a fitting and
reverent spirit the perpetuation of the virtues of the
249
Minute Men whose deeds well done and sacrifices, freely
given, made possible this glorious country of ours.
To this and led us all sincerely and fervently
consecrate ourselves in the few days that still remain
until the celebration shall have become an accomploshed
fact and shall have passed into history as one carried
out with high purpose, with reverent spirit, and with
dignity.
For the Committee.
Edward C. Stone
Chairman
250
Report of the Committee appointed under
the vote passed at the Town Meeting held on March 10,
1924, for the purpose of conferring with the Trustees
of Isaac Harris Cary Educational Fund.
Submitted at Town Meeting held March 26, 1925.
Lexington, Mass.
March 13, 1925
To the Citizens of Lexington:
At the town meeting held on March 10, 1924, the
Chairman of the Board of Trustees of Isaac Harris Cary
Educatioal Fund read a letter addressed to you,
of which the following is a copy:
Lexington, Mass., February 15, 1924.
“To the Citizens of Lexington.”
The Trustees of Isaac Harris Cary Educational
Fund have in their hands a sum approaching $500,000,
committed to them in trust by the wills of Mrs.
Eliza Cary Farnham and Miss Susanna E. Cary, and
an act of the Massachusetts Legislature (Chapter 249 of
the Acts of 1921). The purpose of the trust, as shown
in two circular letters heretofore sent to the inhab-
tants of the Town — one in February 1922, and the
other in March, 1923, is, broadly speaking, twofold:
First, to use such portion of the fund as in the
discretion of the Trustees may be necessary for
procuring a suitable site for and erecting a fire-
proof building to be adapted to and suitable for
the safe storing and exhibition of revolutionary
relics and treasures pertaining to the history of the Town,
and to contain a hall adapted to lectures and public
meetings; and second, to furnish educational assistance
to boys and young men of New England parentage. The
Trust, as a whole, is intended as a memorial to
the donor’s father, Isaac Harris Cary.
The Trustees are required, after determining the
size and location of the Memorial Building, to offer
it to the Town. Incidentally the Trustees are to provide
251
for the maintenance of public lecture courses
in the building.
If the project shall be carried forward and
completed in the near future, the Trustees now
believe that there will be available for its
assuming that the Town shall be willing to
accept and maintain the building, approximately
$300,000.
The Trustees are not authorized to offer a build-
ing to be used for all the purposes of a Town
Hall as that term is ordinarily understood,
but they may, they think, without violating the
terms of the wills, make the building contain
a public hall available for customary Town
Meetings, and for lecture courses and other
public gatherings calculated to promote the
Town’s educational and community life. The
present plans of the Trustees contemplate such
a building; but they can hardly expect the
Town to agree to accept and care for it unless
the matter can be so arranged as to furnish
the Town, as a part of the program, an oppor-
tunity to have its municipal offices nearby.
Accordingly the Trustees suggest a public hall
having a seating capacity for not less than
one thousand people to be erected upon a lot of
liberal size, which may be conveyed to the Town
along with the building, so that the Town
itself may erect upon the same land in close
proximity thereto, a separate structure to con-
tain administrative and departmental offices.
If an arrangement acceptable to the Town,
and one that would result in its taking
over and agreeing to maintain the building
cannot be made, it will be necessary for the
Trustees to erect a much smaller structure than the
one now under consideration, since they would
have to provide for its care and manintenance out
of the income from the trust and leave (as must be
252
done in any contingency) a sufficient amount to
meet the educational requirements of the trust.
The Trustees having employed architects upon
preliminary studies and obtained sketch plans
showing the kind of a building which they find
themselves permitted to erect, if assured by the
Town’s willingness to accept it, now ask the Town
to appoint a committee to confer with them,
and after conference to report back to the Town
full details regarding the project with recom-
mendations as to the advisability of its agreeing
to accept and maintaining a building of the
character proposed.
Respectfully submitted by order of the
Board of Trustees,
Robert P. Clapp, Chairman
Edward P. Merriam, Clerk.
After the reading of this letter and in accordance
with the request it contained the Chairman of the
Board of Trustees offered the following vote which
was passed by the meeting, namely:
“Voted, that in compliance with the request
made in the communication just received from
the Trustees of Isaac Harris Cary Educational Fund
a conference committee of eleven be appointed by
the Moderator for the purpose of conferring with the
Trustees, exampining their plans and proposals and
making a report to the Town, as soon as practically
accompanied with such recommendations as may
seem best. The Committee shall have no authority
to enter into any agreement with the Trustees or to
commit the Town in any way, the Committee being
only a conference committee to obtain information
and make report with recommendations.”
In pursuance of this vote the following named
citizens were appointed to serve on the committee,
namely: Joseph R. Cotton, Albert H. Burnham,
Edwin G. Bayley, James J. Walsh (304 Mass. Avenue),
Charles J. Hendrich, Mrs. Mary W. Duffy, Mrs. Florence
253
S. Tilton, C. Edward Glynn, Harry A. Wheeler,
Arthur N. Maddison, and George H. Gibson.
Your committee has completed its duties so
far as it can do so under existing conditions, and
presents the following report.
Your committee organized with Joseph R.
Cotton as Chairman and George H. Gleason as
Clerk. Numerous meetings have been held,
including three conferences with the Trustees,
whose final views are summarized in the
following extracts from a letter submitted
by them at the request of the Committee at
the last conference.
January 14, 1925.
Joseph R. Cotton, Esq.,
Chairman Conference Committee
Lexington, Massachusetts
Dear Sir:
Since the appointment of your committee
of eleven last March for the purpose of conferring
with the Trustees of Isaac Harris Cary Edu-
cational Fund, examining their plans and pro-
posals and reporting back to the Town with
recommendations, the Trustees have endeavored
to furnish whatever information you have
asked for.
*************
1. We cannot more clearly express the pro-
posals or suggestions of the Trustees than they
are set forth in the communication of Feb. 15,
1924, above referred to. Copy of the same is
attached to this letter.
2. The purposes for which the building
could be used by the Town, the limitations
upon the uses, the right of the Town to charge
for the use of the hall, etc., we believe to
be as shown in the written opinion obtained
from Moorfield Storey, Esq., under date of
254
April 11, 1924, copy of which was handed you
at the time.
3. The amount available for the project of
providing a large building, including a lot of land
sufficient in size to permit the location thereon of
a Town office building as well, stated in February
15, 1924, letter to be approximately $300,000, may be
taken as a little more than that sum now. Just how
much more it is not necessary now to decide, for
it seems reasonably clear that the amount is not
yet large enough to produce a satisfactory
result if the scheme of providing a hall which
may be used for Town Meetings is to be adopted.
4. The Trustees do not ask or expect the Town, as
the immediate result of any recommendation
that your Committee may make, to take action by
vote or otherwise which will have the effect
of binding the Town to accept the building that
may be erected. What we do ask is first that
the Committee pass judgment on the general
question of whether it will be wise or un-
wise for the Town to accept the care and
maintenance of a building of the size and gen-
eral character proposed by the Trustees, and
make a definite recommendation to the Town
either for or against the project, and, second,
a vote expressing the opinion of the Town itself
upon the question should the recommendation
and vote be favorable to the general idea,
more specific and detailed plans would have
to be prepared, the same to become the basis of
a definite contract before the Trustees could
erect the building.
5. The vital point in the situation, as the Trustees
see it, is that they should be informed whether the funda-
mental idea of their proposal meets general approval. If
it does not, they feel that they are entitled to know it;
for they have, or will soon have, funds sufficient to
proceed with the erection of a building which would
255
satisfy the requirements of the wills; and, if not
encouraged to believe that the Town will accept
the larger building proposed, they would con-
sider it their duty not to delay building much
longer. On the other hand, should the Committee
and the Town express themselves as
favorable to the general idea under consideration,
the Trustees would feel justified in incur-
ring expense toward the execution of it, in the
belief that a plan for carrying it into effect
could be worked out to the reasonable satis-
faction of all concerned.
6. The question of the site of the proposed
building has been, we understand, much
discussed by your Committee. As to this
question it is obvious that the decision in the last
analysis must rest with the Trustees since
this is one of their duties under the wills. It
will be our endeavor to decide this question
in the light of all pertinent considerations, in-
cluding any opinion that the Town or its
Committees may officially express. Whether the
building shall prove to be one with a large
hall as suggested, or a building with such
reduced accommodations that the Town clearly could
not afford to accept it, its memorial character
must be insisted upon, and a location selected
that will be in harmony therewith. It seems
to the Trustees that the matter of a site is not
so intimately connected with the general
question which we seek to have answered as
to make the answer difficult without know-
ing first where the building will be located.
We should hope that the Town, if answering
in the affirmative the question which is asked
them, would express itself as satisfied with
any one of the several sites that have been con-
sidered.
* * * * * * * * * *
256
Respectfully submitted,
By order of the Trustees,
(Signed) Robert P. Clapp, President
(Signed) Edward P. Merriam, Clerk
Preliminary sketches, plans, and photographs,
together with contemplated sites, have been sub-
mitted by the Trustees and studied by your Com-
mittee, who are convinced that it is the wish
of the Trustees to present to the Town a Memorial
Building which will be serviceable and
adequate for the Town’s needs. From the legal
opinion of Mr. Moorfield Storey, submitted by the
Trustees, the Committee believes that such a
building can be used for Town Meetings and
all other public meetings of a non-political and
non-sectarian character, also for dances, theatricals,
motion pictures, and other similar purposes for
which latter uses the Town may make such charges
as it thinks proper.
It is clear that the proposed Memorial Building
cannot be used for housing the Town Offices,
and your Committee does not think it feasible
for the Town to maintain both the new building
and the present Town Hall, on account of both ex-
pense and convenience. To avoid this, it would
be necessary for the Town, at its own expense, to
erect a suitable Town office building, to be located
adjacent to the Memorial Building. The Committee
recommends that if the Memorial Building be
accepted, the present Town Hall be sold and the
proceeds of the sale be applied to the erection
of a new office building. From what rough
estimates have been submitted to your Committee,
it is believed that by such means the Town
will be able to finance a new office building
without any considerable burden.
Your Committee also believes that the cost to
the Town of maintaining a new Memorial Build-
257
ing and the Town Office building should not be
greater than the cost of maintenance of the
present Town Hall, and considering the age of
the latter, and the constantly increasing need
for repairs it is entirely possible that the
maintenance cost of the new building will
be less. There is no question but that the
new buildings should be more serviceable.
It is believed that it will be several
years before the Trustees will have suffi-
cient funds to complete this project, but
apparently they feel that they are not justified
in waiting for their funds to accumulate
sufficiently unless reasonably assured that
the Town will accept the building when
offered, and further, that a saving may
be made by the earlier purchase of a site
for the buildings, which will leave a
greater amount of their funds for building
purposes than would be the case if pur-
chase of a site is delayed your committee
concurs in this, and believes that for these
reasons the Town should at this time
express its opinion so that the Trustees
may be encouraged to proceed but con-
sidering the requirements of the Town,
your Comittee believes that the acceptance
of such gift and conveyance should be
made subject to certain other suitable
provisions including the following:
That the location shall be central and
of sufficient size for the appropriate setting of
the Memorial Building and new Town Office
building, and for adequate parking space.
That the grounds be completely graded
and suitably laid out.
That the Memorial Building be of fire-
proof construction throughout and com-
pletely furnished and equipped.
258
That it contain a large hall of adequate
seating capacity.
That, if desired by the Town, it contain a
central heating plant of sufficient size to supply,
in addition to its own requirements, those of a
Town office building.
That if possible, it contain a small lecture
hall, also a kitchen and serving facilities.
In conclusion your Committee desires to co-
operate, so far as it may properly do so, in secur-
ing for the Town the full benefit of the proposi-
tion but it believes that it should not recommend
any present action by the Town which might
bind it at some future time when the present
conditions might and would naturally be mater-
ially altered. We feel, however, that the funda-
mental idea of the proposition offers substantial
benefit to the Town, and that when the time arrives
it can be worked out to the reasonable satis-
faction of all concerned, and therefore, in
pursuance of the request of the Trustees we
recommend that a vote in substantially the
following form be passed by the Town, namely:
That the fundamental idea of the proposition
made to the Town in the letter from the Trustees
of Isaac Harris Cary Educational Fund, dated
February 15, 1924, would be of substantial benefit
to the Town, and that when the Trustees are
prepared to present a definite proposition for the
erection and conveyance to the Town of a Memorial
Building satisfactorily located, designed, planned
and equipped, to be used for the purposes set
forth in the trust as interpreted in the letter of
Moorfield Storey, Esquire, to Robert P. Clapp,
Esquire, dated April 11, 1924, the Town should
accept and agree to maintain the same in
accordance with the terms of such conveyance,
provided, however, that at that time the financial
condition of the Town warrants it in undertaking
259
the obligations which such acceptance would
impose and require.
Your committee having completed its
duties and presented its reports, now requests
to be discharged.
Respectfully submitted,
(Signed) Florence J. Tilton
Mary N. Duffy
C. Edward Glynn
Arthur N. Maddison
Harry A. Wheeler
Edwin G. Bayley
Charles J. Henrich
Albert H. Burnham
George H. Gibson
James J. Walsh
Joseph R. Cotton
260
Lexington, Mass., March 21, 1925.
To the Citizens of Lexington:
The Trustees of the Isaac Harris Cary Educational
Fund, through the courtesy of the Town Conference
Committee of Eleven, have received from the
Committee a copy of the report dated March 13, 1925,
which the Trustees understand that Committee
intends to submit to the Town in the course of the
present annual meeting. With the general con-
clusion reached by the Committee the Trustees
are in accord; but there is in the form of vote
recommended for passage one clause which the
Trustees interpret as imposing a condition to
which they could not assent. Unless, therefore,
this shall be eliminated from the vote,
the Trustees will feel constrained to abandon
their idea of offering a building of such size
and character as to be capable of use for
the purposes expressed in the Trustees’ communi-
cation to the Town dated February 15, 1924.
The form of vote seems to impose as a condition
of the Town’s present expression of opinion favorable to
an acceptance of the gift later on, the requirement
that the conveyance when tendered shall itself
contain a provision to the effect that the building
is conveyed for use for the purposes set forth
in the trust as interpreted by the legal opinion of
Moorfield Storey, Esq. The Trustees would not feel
justified in inserting such a provision in the deed.
Obviously it would be impossible for them,
when making the conveyance, to make any reference
therein to anyone’s interpretation of the terms of the
Trust. The Trustees, when stating in a deed
the purposes of the gift, would have no power to
set forth such purposes otherwise than in the
language of the wills themselves. The deed
would have to say in substance that the prop-
erty is conveyed to be held and maintained
261
in the manner and for the purposes expressed
in the wills of Eliza G. Farnham and Susanna
G. Cary. In case of any controversy as to the
permissible uses, the question would be
for the court to decide.
The Trustees concur in what the Committee
says is their own belief, based upon Mr. Storey’s
opinion, namely, that the building can be
used for Town meetings and all other
public meetings of a non-political and non-
sectarian character; also for dances,
theatricals, motion pictures and other similar
purposes, for which latter uses the Town
may make such charges as it thinks proper.
(Since the text of Mr. Storey’s opinion has
never been laid before the Town, a copy of it
is appended to the present communication, so
that it may become a part of the Town re-
cords.) But the Trustees think it proper to
insist on a condition precedent to further
efforts on their part to develop the project
in such a fashion as to make it acceptable
to the Town, that the latter shall treat the
question as to the authorized uses of the
building from and after its conveyance to
the Town as now closed. If the Town has
doubts upon the question, and for this
reason does not care to encourage the Trust-
ees to proceed as if that question were settled,
the Trustees think it should be so decided
at the present time. They would then be freed
from all embarrassment so far as this
point is concerned, and be in a position to
proceed with the smaller project.
It is, therefore, respectfully suggested
that, if the Town wishes to express itself as being
favorable to the fundamental idea of the proposal
made in the Trustees’ communication of
February 15, 1924, the draft vote accompanying.
262
the Committee’s Report be modified so as
clearly to exclude the possibility of its being
claimed that the vote contains, either
expressly or by implication, a condition which,
as above shown, is objectionable from the
Trustees’ point of view. They will be satis-
fied in this regard if there shall be
stricken from the form of vote proposed the
words “as interpreted in the letter of Moorfield
Storey, Esq., to Robert P. Clapp, Esq., dated April 11,
1924,” and will feel encouraged to proceed
if the vote as so amended shall be passed
with substantial unanimity. The Trustees
think that they could hardly be expected to
do so, unless there is a general and hearty
support of the vote on the part of the citizens.
The Trustees desire to have it under-
stood by all that they are not urging an
acceptance of their proposal. They are striving
under a liberal but, as they believe, legitimate
interpretation of the wills, to produce some-
thing that will be of the most service to
the Town; but they would rather have their
proposal rejected than have it supported
by anything less than a hearty and practically
unanimous vote.
Respectfully submitted by order of the Trustees,
Robert P. Clapp, Chairman
Edward P. Merriam, Clerk
Storey, Thorndike Palmer & Dodge
735 Exchange Building,
Boston, 11th April 1924.
Robert P. Clapp, Esq.
President Isaac Harris Cary Educational Fund
Lexington, Mass.
Dear Sir:
You have submitted to me the wills of
263
Susanna E. Cary and Eliza Cary Farnham
and the records of your corporation, and have
asked my opinion on various questions.
Having examined the wills and records
and considered the questions I have reached
the following conclusions, and in stating
them I shall use the word “Trustees”
as meaning your corporation, or the Town
if it shall accept the building and the
responsibility of caring for it.
By the terms of the wills, which so far
as these questions are concerned are identical,
the Trustees appointed thereby, and the
corporation which has succeeded to their
powers and obligations, are directed to
"set apart and use from the principal of
said trust fund thereunder such amount
as in their discretion may be necessary for
procuring a suitable site for and erecting
thereon in the Town of Lexington *****
a fire-proof building to be adapted to a
nd suitable for the safe storing and care
of revolutionary relics and treasures per-
taining to said town and to contain a hall
to be adapted to lectures and public meetings."
By a later provision in the will it is
directed that the hall in said building shall
be devoted to “such lectures, free art other-
wise, upon historical, educational or
other useful subjects and for such public
meetings of a non-sectarian and non-political
character as said Trustees or the persons or
officers for the time being hereunder having
the care and custody of said memorial
building and the regulation and oversight
of said lectures and meetings shall from
time to time approve.”
There is a further provision directing
the Trustees to expend annually from their
264
remaining fund “a sum not exceeding $2500
in any one year which sum shall be de-
voted to providing lectures upon such
educational or useful subjects of a non-
sectarian or non-political character
as may be of benefit to the community,
said lectures to be given in the hall pro-
vided for in the preceding clause of this will.”
The Trustees are directed to “devote the
remainder of the net income of said trust
fund to assist in the education of such
boys and young men as may be recommended t
o the trustees by certain persons.
The first question submitted to me is
whether the Trustees are limited as to
the amount of the fund which they may
expend in the erection of the building.
I am of opinion that they are not, since
the will expressly provides that they shall
use “such amount as in their discretion
may be necessary,” which gives them full
power to fix the amount which shall be
thus employed.
The next question is whether the hall in the
building can be used for town meetings, and for
such other purposes as public halls are generally
used for in towns, excluding purposes clearly
political or sectarian in character.
It must be assumed to have been the desire
of the testatrix to have a building erected which
would be useful to the Town, and they ex-
pressly direct that the building shall contain
a hall which may be used for public
meetings, the only limitation being that the
meetings shall be of a non-sectarian and non-
political character, but within that limitation
the meetings shall be such as the Trustees
“shall from time to time approve.”
265
[This paragraph has been crossed out]
There is a further provision directing the
Trustees to expend annually from their re-
maining fund "a sum not exceeding $2500 in
any one year which sum shall bedevoted
to providing lectures upon such educational
or useful subjects of a non-sectarian or
non-political character as may be of
benefit to the community, said lectures to be
given in the hall provided for in the pre-
ceeding clause of this will."
I am of opinion that the hall can be used
for a town meeting, which in my judgment
is not political or sectarian in character,
but is a business meeting for the purpose of
discussing business questions which are not
political in their character. Further the word
“meeting” is not in my opinion to be construed
narrowly. It may fairly be taken as including
gatherings which by common consent are
useful to the community. It would seem to
me clear that the building can be used also
for dances, theatricals, and other similar purposes.
In reaching this conclusion I attach much
importance to the discretionary power con-
ferred by the language above quoted upon
the persons or officers for the time being
having the care and custody of the building
and of the regulation of the lectures and meet-
ings held therein. I think that their approval
of a given use would be practically conclu-
sive.
The third question is whether, if the Town in
accordance with the provisions of the will
accepts the building, it may charge for the
use of the hall. The only language in the
will which refers to charges is the following:
“The hall in said building shall be de-
voted to such lectures free or otherwise ***
and for such public meetings.”
266
I am of the opinion that for such uses as those
above indicated the town may charge such sum
as it thinks proper.
Giving full effect to the language “free or
otherwise,” any inference from the word “free”
is at once met by the use of the word “or otherwise,”
and even if the meetings were free to those who
attended them, it would not follow that the
persons who were responsible for the meeting
should not pay for the use of the hall.
After examining the records of the corporation
I am of the opinion that the proceedings of the
corporation and the purposes indicated in the
statements which have been made to the town
are in accordance with the provisions of the will,
and it would seem to me very clear that
the question whether the town will or will
not accept the building is one which should
be determined before any building is erected, be-
cause if the town is not going to accept it,
and the responsibility of maintaining it is to be
defrayed by the corporation, it is clear that a
sum sufficient to yield the necessary income
must be set aside, and this will diminish
either the building fund or the fund for the
education of young men, and consequently a
building smaller in size and less useful to the
town must be erected.
Were any question ever raised as to whether the
trustees are proceeding in accordance with the
terms of the trust, any proceedings to compel compliance
with the terms of the wills must be taken by the
attorney-general. The property has passed to the
Trustees, and from them to the corporation in accordance
with the terms of the wills, and nothing now
remains except to carry out the trust. The power to
enforce this lies with the Attorney General, and
no citizen of the town or relative of either testatrix
has the right to bring any suit.
267
I believe this letter covers all questions on which you have asked my opinion.
Yours truly,
(sgd) Moorefield Storey
268
Report of the Town Office Building Committee
March 26, 1927.
At the Town Meeting held on January 31, 1927,
it was voted:
"That a committee of eleven be appointed
to consider the advisability of the erection
of a town office building, or of repairs to,
or sale or other disposition of the Town
Hall building or property, said committee
to consist of the five Selectment
and six citizens to be appointed by the
Moderator."
Your Committee has examined the present
Town Hall building and feels that it is unwise
to spend the amount necessary to put the building
in repair and construct a vault, which
it is estimated would cost $25,000 as even
with this expenditure the building would
continue to meet the needs of the Town for
only a few years.
Your Committee recommends to the Town that
the present Town Hall property be sold and a
town office building be constructed on the land,
corner Massachusetts Avenue and Vine Brook,
adjoining the new Cary Memorial Building. We
have had prepared for us by Kilham,
Hopkins, & Greeley, and W. D. Brown, Associate
Architects, two sets of sketches illustrating
a two story building with a finished basement
which will be suitable to house the Police
Department and available for other purposes. We
believe such a town office building will be
of sufficient size to meet the needs of the Town
for many years.
We believe, from the estimates which we have
secured, that such a building could be erected and
the grounds graded at a cost form $85,000 to $90,000.
269
Additional furniture and fixtures might
cost a further sum of $5,000, so that the
whole project could be completed ready for
use for from $95,000 to $100,000.
The proposed building should provide
quarters for the following Officers and Departments
of the Town,
Board of Selectmen
Town Clerk & Treasurer
Collector
Auditor
Assessors
Supt. Public Works
Inspectors
Water & Sewer Depts.
Engineering Dept.
Police Department
We recommend that before the Town
enters into any agreement to sell the
present Town Hall property, it authorize
this Committee, or appoint a new Committee
and authorize them to have working plans
and specifications prepared for the proposed
office building and secure firm bids on
the same so that the Town may proceed
on the basis of actual rather than on
an estimated cost.
If the estimates which we have
secured are verified by the bids received,
we recommend that the Town proceed
to sell the present Town Hall property.
In arranging a sale of the property,
the Town should either retain the right
to continue its occupancy without the
payment of rent for the length of time
necessary to complete the new office
building, or a more advantageous sale
might be arranged if the Town retained
a purchase lease at a fair rental - the lease
to run for a year with the privilege of
cancellation by the Town at any time on
270
sixty days' notice, so that rental under such
a lease would come to an end as soon as the
new office building was completed and ready
for occupancy.
If the procedure suggested is followed
the project can be financed by short term
notes subject call and payment by the Town as
soon as proceeds of the sale of the present Town
Hall are received; the balance required for the
difference between the proceeds of the sale of the
present Town Hall and the cost of a new
Office Building to be financed at that time
by a bond issue.
We understand that the Selectmen expect
presently to complete a sale of the Rindge
property. The sale of the Rindge property and
the present Town Hall property should yield in
excess of $65,000 which could be appropriated
from the General Revenu and Surplus Account
for this purpose.
We recommend an appropriation of $3,500
be made for the expenses of such a Committee,
the funds to be provided by a transfer from
the General Revenue and Surplus Account, - the
larger part of which would be expended for
Architects services. All of the money so expended
would, in the event of the project going
forward to completion, be credited against the
usual architect's compensation and is therefore
included in our previous estimate.
W. H. Ballard
Albert H. Burnham
Norman C. Hopper
Edwin B. Karther
James G. Robertson
Francis Chamberlain
Theodore A. Custance
George W. Nary
Arthur N. Maddison
271
Report of the Representative Town Meeting Committee,
Lexington, Mass.
March 1, 1928.
To the Citizens of Lexington:
In March, 1927, a Committee of Five consisting
of George E. Briggs, Joseph R. Cotton,
Robert L. Ryder, John E. A. Mulliken, and
George E. Smith was appointed by the
Moderator whose duties were set forth
under a not of the Town in December 6,
1926, reading as follows: -
"Voted that a Committee of
Five be appointed by the
Moderator to consider and
recommend to the Town what
action, if any, shall be taken
with respect to securing
authority for representative
town meetings."
This Committee met on April twenty-eighth
and organized, George E. Briggs, Chairman,
and Joseph R. Cotton, Secretary.
The Committee has held ten meetings
throughout the year. From the first
your Committee approached this question
of a new form of town government with
full appreciation of the serious task delegated
to them. The open and democratic New England
town meeting has persisted for almost three
hudnred years as no better device for self
government has ever been conceived. It affords
the greatest freedom to the individual citizen
to express his own views in open meeting
and morever gives great dignity to the rights
and privileges of the most humble citizen.
272
Under such a local government every voter
is free to speak, to propose measures, and is
entitled to vote on all matters.
The adoption of the amendment to the
Federal Constitution in 1920 granting full
franchise to women resulted in a great
increase in the number of registrated voters.
Whereas in 1919 we had 1779 registered voters
in Lexington, we have today a total of men
and women voters of 3078. This influx
of new voters entitled to attend and participate
in our town meetngs taxed the capacity of
our Town Hall at times of extraordiary
interest and in the minds of many has
raised a grave question as to the legality
of such meetings if it could be established
that any citizen or citizens desiring to attend
and vote had been denied that right.
Lexington has not been alone in this
vexatious problem but some of our larger
towns have faced even more serious compl-
ications. It was to relieve the situation that
and amendment to the State Constitution was
proposed and praised in both Senate and House
in 1924 nd in 1925 and was approved March 2,
1926, whereby it became possible for towns
of six thousand or more in populations to petition
the Legislature for a limited form of representative
town government. Hitherto this privilege was
granted only to towns with a population of
twelve thousand and above.
The limited form of local town meeting or
representative form of town government, as it
is called, is briefly this. Upon petition of a
mjority of the citizens in a town meeting
expressly called for that purpose, the Legislature
may grant the authority to any town of six thousand
273
or more inhabitants to establish a repre-
sentative form of town government.
If Lexington adopted the law, the Town
would be divided by the Board of Selectmen
into probably not less than four nor more
than six geographical diversions apreciate
which from time to time may be changed,
each precinct containing approximately an
equal number of votes.
The votes of these several precincts
would elect an equal number of voters
from each precinct to be twn meeting
members; the total number if based
upon four precincts would be approxi-
mately one hundred and twenty town
meeting members, representing 4% of the
voting strength of the town. One third
would hold office for one year, one
third for two years, and one third for three
years and after the first election the
term of office of all would be for three
years.
In addition to the elected members
there is usually a provision in the act for
town meeting members-at-large, con-
sisting of the Moderator, the Selectmen, a
nd other principal town offices as
well as Chairman of important Boards.
Here in Lexington such a group of ex-
officio members if given representation as
above would increase the town meeting
members by thirteen, a smaller number
than some towns close to our present form
of local government.
These town meeting members and
members-at-large, a total of approximately
one hundred and thirty-three would constitute
274
the town meetings for the transaction
of business. A majority of the town
meeting members would undoubtedly
constitute a quorum for doing business
but a less number would be able to
organize temporarily and adjourn from
time to time. Such town meeting members
would receive no compensation.
All such town meetings would be
public. Subject to such conditions as
may be determined by the representative
town meeting, any voter of the town
may speak but cannot vote at such
meetings unless a town meeting member.
Nominations of candidates for town
meeting members would be made by
nomination papers bearing the signatures
of ten or more voters as determined in the
act, but a town meeting member may
become a candidate for re-election by
giving written notice to the Town Clerk.
The right of all voters to vote for town
officers and on all matters acted upon by ballot
is not affected. Meetings of all registered
voters for balloting at primaries and elections
may be held in the several precincts or in
the Town Hall as set forth in the petition
to the Legislature. Vacancies in the town
meeting membership from any precinct
may be filled until the next election by
the remaining town meeting members of the
precinct where the vacancy occurs.
The representative form of town government
also provides for a referendum. No vote passed
at any representative town meeting with certain
exceptions, such as possibly a vote borrowing
money to pay the town bonds and interest or an
275
emergency measure necessary for the
immediate preservation of peace, health,
safety or convenience of the town, will
be operative until five days, exclusive
of Sundays and holidays, after the
dissolution of the meeting. During that
period a petition may be filed signed
by not less than a fixed number of voters
as determined in the act (possibly two
hundred in Lexington) requiring a referendum
to all voters on any matter passed on
by the representative town meeting,
whereupon a special meeting of all
the voters of the Town will be called
by the Selectmen and a vote taken by
ballot for the purpose of affirming
or reversing the action of the limited
town meeting. The act itself would
determine the limitations of these
exceptions, not subject to referendum.
To aid the Committee in its study
of this problem information was sought
from the several towns which have
adopted this representative form of
local town government. Questionnaires
were sent to the following towns;
Arlington, Belmont, Brookline, Dartmouth,
Greenfield, Methuen, Milton, Swampscott,
Dedham, Watertown and Winthrop. The
purpose of these questions was to elicit
information as to the salient facts of
the experience recorded of each town; the
number of registered voters, the number
of precincts, of town meeting members,
of town meeting members-at-large,
the use and abuse of the referendums, the
general interest of citizens other than town
276
meeting members in the town meetings,
and the attitude of voters generally toward
the new form of town government. A
letter was sent to each town, one addressed
to the Moderator, one to the Town Clerk,
one to the Town Counsel, and one each to
two members of the Committee which
studied and made the report in that
town relative to the limited form of town
government. The replies were very
satisfactory and the statistics secured
were of great value to the Committee.
In two towns only was the referendum
exercised, namely in Greenfield and in
Dedham. Almost without exception
each reply testified to the fact that the
new form of local government had given
general satisfaction. In almost every
town there were those who found it
difficult to yield to the new order but
after the first year or so such mild objection
disappeared.
The committee was unable to secure
any facts from any town having about
the same number of voters as Lexington
as all of the Towns which have adopted
this plan are in the classification of larger
towns. The one exception is the town of
Dartmouth which has 1941 registered voters
but that town, like the towns of Milton
and Swampscott, adopted the new plan
in 1927 to go into operation in the Spring of 1928.
These towns have yet to go through the
experimental stage. Dedham has 4800
registered voters and is perhaps next to
Lexington in voting strength although it
has a population nearly double that of Lexington.
277
Since Dedham did not find her
plan in operation until 1926, the Committee
was unable to secure any important
information from that town as the success
of the plan.
After ful [sic] publicity in our local papers,
a public hearing was held on Monday
evening, November 21st last, in Cary Hall.
This hearing was very disappointing in
that it attracted only seven citizens apart
from the Committee and of these seven,
five were town officers. Government in
the abstract never rates as a popular
subject and it is without doubt
wise to appreciate this fact in appraising
the lack of interest at this hearing.
Subsequently the Committee also
wrote to a group of citizens which
appeared to them to represent a cross
section of our town. These letters
asked certain questions with the
purpose of securing the views of as
many as possible relative to this important
subject. The replies were in all
cases very thoughtful and of real value
to the Committee. They indicated, however,
a divided opinion although the majority
favored the change. It is of interest
to note that our new fellow citizens
were more reluctant to a change of local
government than some of our long-time
residents.
It is generally recognized that when all
is tranquil, Lexington is quite capable of
transacting her business under the time-
honored system which we now enjoy,
that of the unlimited New England town
278
meeting form of town government. We are
just now passing through on the those
tranquil periods and yet it does not
take a prophet to forecast trouble and
confusion if the town should suddenly
be faced with a major problem of
town government. A ship is not build
for fair weather but for the storms
which may buffet it. A town should
establish such structural foundations
of local government as may be
sufficiently responsive to any demand
placed upon it by the duly authorized
voters of the town preserving to each his
inalienable right of franchise.
Lexington is an ancient New England
town and should yield reluctantly its
present form of town government yet
your committee is clear in its conviction
that no other course will be open as the
town continues to grow than to adopt the
more drastic scheme of government as
provided in the proposed limited form.
Although the Committee can see no other
alternative, yet in view of the gravity
of the problem which affects the very
soul of our town and community, we are
constrained to move cautiously before
recommending that we loose [sic] our civic craft
from its historic moorings. If the Town is
agreeable to the suggestion, the Committee
will be glad to continue its work with
the hope that a unanimous report may
be made at some town meeting in the
279
Fall. Should this report favor a
change looking toward the adoption of
the limited form of town government, there
would then be ample time to draft
and file a bill for the next incoming
Legislature.
Respectfully submitted,
George E. Briggs,
Joseph R. Cotton
Robert L. Ryder
John E. A. Mulliken
George E. Smith.
280
Report of Committee, appointed by the
Moderator, to collect funds and arrange
for a Memorial to be presented to the
U. S. S. Lexington, on behalf of the Town.
The Committee organized as follows:
Willard C. Hill, Chairman
Galen A. Russell, Treasurer
Mrs. Beulah L. Sherburne
Dr. John H. Kane
Roger S. Clapp.
After consultation with the preview
Committee, the Secretary of the Navy and
Officials of the Ship Lexington, we
ascertain that the most desirable and
acceptable gift would be a Silver Service.
Upon carful [sic] consideration and after
much time and thought had been
expended on the part of our fellow
member, Mrs. Sherburne, we decided on a
Colonial type that we felt would
properly and worthily represent the Town.
The order was placed with Mr.
George C. Gebelein, an expert silver
craftsman, and one who had
similar commissions in the past. The
service consisted of the following pieces
and took about six months to complete
1 30 inch Salver
1 Water Kettle and Stand
1 Coffee Pot
1 Tea Pot
1 Sugar Bowl
1 Cream Pitcher
1 Waste Bowl
The seal of the Town of Lexington,
surrounded by a bright cut Colonial
Scroll Manteling, was beautifully
281
engraved on each piece. On the
large Tray under an enlarged replica
of the Seal was engraved in Colonial
lettering.
U. S. S. Lexington
Presented by the Citizens of the Town of
Lexington, Massachusetts
1928.
The presentation took place on the
Ship, while in the Government Dry
Dock at South Boston, on January
28th, 1928.
The Selectmen cooperated in every
way possible to make the affair a
success, and, notwithstanding a very
disagreeable snow storm it was a
memorable occasion.
Furthermore, the Selectmen appointed
a Committee, of which William Roger
Greeley was General Chairman, to
entertain the Officers of the Ship,
with their Ladies, on Saturday evening,
February 4, 1928. An old fashioned
Turkey dinner was served at Buckman
Tavern, which was decorated in
Colonial style, and all those taking
part in providing the entertainment
were dressed in costumes of the older
times. The success of this affair was
principally due to the work of the
Chairman, Mrs. A. B. Teeney. Later in
the evening a reception and dance
was help at the Old Belfry Club, to
which the public was invited.
From numerous comments and
letters received from the Officers
we earnestly congratulate the
Committee on Arrangements.
282
A great deal of credit is due not only
to those mentioned but to the other
Sub Chairman, Mr. John H. Devine,
Mr. Arthur N. Maddison and Mr. A.
Edward Rowse, who together with the
members of the various Committee helped
to make the even a great success.
We collected $2,066.72 and expended
$2,011.40, leaving a balance of $55.72,
which was returned to the largest donor
to the fund.
Filed with this report is a complete
report by the Treasure, Galen A. Russell,
which shows all the votes of the Committee
in connection with financial matters and
gives a complete record of all monies
received and expended.
Respectfully submitted:
Willard B Hill
Chairman.
283
U.S.S. Lexington Memorial Committee
Treasurer's Records.
The authorization for the U.S.S. Lexington
Memorial Committee of the Town of
Lexington, Mass., is contained in attached
letter from the office of the Town Clerk
of Lexington, dated Sept. 30, 1926. This letter
also gives the functions and personel [sic]
of the committee.
At a meeting of the committee on
Oct 4, 1927, Galen A. Russell was notified
of his election as Treasurer which had
taken place at a meeting of the committee
on [blank space] 1927.
Under Art. 29, a vote of the Town
of Lexington, contained in the letter
mentioned above, the Committee was
authorized to collect funds for the purchase
of a memorial. There was turned over to the
Treasurer on 4 Oct. 1927, a Subscription
list, listing funds collected by the
committee under this authority, abstract
of which is attached. The total of funds
listed was $1,495.00, accounted for as follows:
Said to be in account of U.S. Lexington
Silver Service Fund at the Lexington Trust
Company: $1,450.00, cash $20.00, check,
$25.00. On Oct 5, 1927, the Treasurer verified
the amount on deposit at the Lexington
Trust Co., and found it to be correct.
At a meeting of the committee on Nov. 27/27
it was voted that the Chairman be
authorized to insert an advertisement to
encourage subscriptions in the local paper.
It was also voted that the treasurer be
authorized to pay Mr. Worthen's bill for
insurance of $19.40.
At a meeting of the committee on
284
January 8th, 1928, it was voted that the
Chairman be authorized to provide publicity
for the ceremonies incident to the presentation
of the silver service by posters and newspaper
advertising.
The treasurer was directed to pay the
following bills as soon as the amount of
funds at hand permit:
George C. Gebelein, silver service, $1,940.00, E.B.
Worthen, insurance, $19.20, The Hadley Press,
advertising, $10.00, Eastern Showcase Co.
showcase, $22.00 Mr. Gebelein's bill to be
given priority.
On March 3, 1928, the Treasurer received
from the chairman, a vote of the committee
taken by mail, voting that $20.00 be paid
to Mr. W. R. S. Eaton, of the Lexington Trust
Company, for expenses incident to the
window display of the silver service, and
the balance of the fund $55.32 to
be paid to Mr. Hallie C. Blake, the largest
donor.
Summary of receipts and expenses:
Receipts:
Original subscription list,
(prior to Oct 5, 1927) $1,450.00
Received through treasurer, 225.00
Received though Lexington Trust Co. 386.68
Interest 5.04
[Total] $2,066.72
Expenditures:
Check No. 1. Geo. C. Gebelein, on a/c
silver service $1,500.00
[Check No.] 2. Geo. C. Gehelein, bal:
on silver service 440.00
[Check No.] 3. Hadley Press, Inc. Advertising 10.00
[Check No.] 4. Eastern Showcase Co. Rent
of showcase. 22.00
[Check No.] 5. E.B. Worthen, Insurance 19.40
285
[Check No.] 6. Lexington Trust Co. display
expenses $20.00
[Check No.] 7. Hallie C. Blake, refund of
balance of fund 55.32
[Total] $2,066.72
I certify that the above account is
correct, and that the items are supported
by attached lists and vouchers.
Galen A. Russell,
Treasurer, 14 March 1928
U.S.S. Lexington, Silver Service Fund
Committee
Subscribers and Amounts.
Original list (prior to Oct 5, 1927)
1927
9/1 Hallie Blake $200.00
9/2 Leroy S. Brown 100.00
9/6 J. Chester Hutchinson 100.00
9/6 Arthur N. Maddison 100.00
9/7 George L. Gilmore 100.00
9/8 Edwin C. Stevens 100.00
9/8 Harry A. Wheeler 100.00
9/8 Harold B. Lamont 100.00
9/8 Ellen M. Tarver 100.00
9/10 Edward C. Stone 100.00
9/12 George C. Briggs 100.00
9/19 Willard C. Hill 100.00
9/22 Charles B. Davis 50.00
[Total] $1,450.00
Received through treasurer:
1927
10/5 Robert P. Clapp 25.00
10/5 Roger S. Clapp 10.00
10/5 Robert H. Holt 10.00
10/14 Edwin B. Worthen 5.00
10/14 Galen A. Russell 5.00
10/8 Frederick L. Emery 25.00
11/5 Mr. & Mrs. Hugh D. McLellan 10.00
286
11/5 Mrs. Charles P. Nunn $10.00
11/25 Mr. & Mrs. Albert B. Tenney 25.00
12/14 American Legion Auxiliary No. 38 10.00
12/15 James Stuart Smith 10.00
12/15 Lexington Grange No. 233 P of H. 25.00
1928
1/7 Knights of Columbus, Lexington
Council No, 94 10.00
1/8 Mr. & Mrs. R.B. Sherburne 10.00
1/8 Ellen & Warren Sherburne, Jr. 5.00
1/12 George E. Stone & Everett P. Stone 5.00
1/13 Wm. W. Reed 5.00
1/13 Mrs. J.O. Tilton 10.00
1/17 Allen C. Smith 10.00
Received through treasurer, 1/20 $225.00
Received through Lexington Trust
Co. since Oct. 5, 1927.
1927
A.W. Partridge $2.00
W.H. Wentworth 5.00
Charles H. Spaulding 1.00
C.H. Jackson 1.00
L.J. Bennett 1.00
Mrs. C.H. Rice 1.00
Miss Amy E. Taylor, in memory of
George W. Taylor 10.00
Mrs. M.E. Lewis 1.00
Edward P. Merriam 5.00
Robert C. Merriam 1.00
George D. Harrington 1.00
Mr. & Mrs. F.L. Emery 10.00
Mrs. Alice D. Goodwin 5.00
Miss Eleanor Doran .50
Miss Emma O. Nichols 1.00
M. Ellen Sherburne 5.00
Lizzie A. Burr 1.00
Charlotte A. Smith 1.00
E.M. Mulliken 5.00
287
Mr. O.J. Gorman $1.00
Mrs. Hazel S. Moore 5.00
Lexington Board of Trade 25.00
Mrs. Ruth B. Graves 2.00
Ardor of Eastern Star No. 183. 10.00
Mrs. F.H. Reed 5.00
Mrs. Mary P. Tenney 5.00
George S. Barton 2.00
W.R.S. Eaton 2.00
Lexington Chapter, D. A. R. 10.00
Mrs. Mary G. Prescott 5.00
Parker School 2.10
Miss E.F. Thornton 5.00
Hancock School 2.08
Rev. C.W. Collier 3.00
W.S. Seamman 2.00
Arthur Fiske 1.00
Everett S. Emery 5.00
Edith M. Kelley 5.00
George G. Meade Relief Corps #97,
Auxiliary to Grand Army of the
Republic 2.00
Lexington Minute Men, Inc. 10.00
Maude T. Sherburne 25.00
Lex. Sons of Vet. Sux. No. 11 2.00
[Total] $194.68
Received through Lexington Trust Co.
Brought forward $194.68
Received Jan 7 to Jan 21
Catholic Daughters of America 10.00
Marion P. Kirkland 1.00
No Name 1.00
S.P. Wrightington 5.00
J.W. Hudson Camp No. 105,
Sons of Veterans 5.00
Catholic Club of Lexington 10.00
Philip M. Clarke 5.00
George H. Struter 5.00
Hancock Congregational Church 15.00
288
Elizabeth Burtch $1.00
S. Burtch 1.00
Total received through Trust Co.
1/21/28 $253.68
Mr. and Miss Patch 2.00
W.L. Smith 5.00
Swenson Brothers 5.00
Waldo F. Glidden 5.00
R.H. Stevens 5.00
Mrs. F.R. Kimball 5.00
Margaret Kimball 5.00
Mrs. Helen M. Sargent 5.00
Edward Crouch 5.00
Niel McIntosh 20.00
Barrymead Farm 5.00
C.H. Harrington 5.00
Jennie E. Brown 3.00
Lexington Hardware & Supply Co. 5.00
Mr. & Mrs. Palet 5.00
Lafayette Club 5.00
W.H. Shurtleff 5.00
Mr. & Mrs. Herbert Bourne 3.00
Ellen R. Jones 5.00
P.F. Humphreys 5.00
May Sherburne Valentine 10.00
Fletcher W. Taft 5.00
Martha W. Jones 5.00
American Legion, Stanley Holl Post #38 5.00
Total received through Trust Co. 2/6/28 $368.68
Lexington, Mass.
September 30, 1926
Mr. Galen A. Russell
347 Ave.
Lexington, Mass.
Dear Sir:
In accordance with the article and vote
of the Town which is a follows:
289
Art. 29. To hear the report of the Committee
appointed under vote of Town Meetingm
September 28, 1925, to take recognition of
the naming after this town by the
Navy Department of the United States of
the Air Plane carrier, "Lexington," and to
take action thereon.
Art. 29. Voted: "That the citizens of Lexington
in cognition and appreciation of
the Navy Department having christened
the new airplane carrier "Lexington"
approve the general plan of presenting
a suitable memorial to be placed
upon the vessel. The Moderator is bereby
instructed to appoint a Committee of
five, of whom the Town Treasurer
shall be one. This Committee shall have
entire charge of collecting funds from
the Citizens to cover the cost of the
memorial and of its design and
preparation: and further the Committee
shall, in cooperation with the Selectmen,
present the memorial to the Navy
Department in the name of and in
behalf of the Town of Lexington."
Mr. Robert H. Hold, Moderator, has
appointed the following committee:
Mr. Willard C. Hill
Mrs. Warren Sherburne
Mr. Galen A. Russell
Mr. Roger S. Clapp
Dr. John H. Kane
Yours very truly,
Helen C. Gallagher
Asst. Town Clerk
In accordance with the following
vote of the Town Meeting, we the
undersigned citizens of the Town of
290
Lexington, in appreciation of the Navy
Departments having christened the new
Airplane Carrier "Lexington," subscribe the
amounts placed against our names
towards a memorial to be placed on the
vessel - the said memorial consisting of a
seven piece Silver Service, being made by
Gebelein at a cost of $1,940.00
Article 29. Voted: "That the citizens of
Lexington, in recognition and appreciation
of the Navy Department having christened the
new Airplane Carrier "Lexington" approve
the general plan of presenting a suitable
memorial to be placed on the vessel.
The Moderator is hereby instructed to
appoint a committee of five, of whom the
Town Treasurer shall be one. This Committee
shall have entire charge of collecting funds
from the citizens to cover the cost of the
memorial and of its design and preparation,
and further the Committee shall, in
cooperation with the Selectmen, present the
Memorial to the Navy Department in the
Name of and in behalf of the Town of
Lexington."
Mr. Robert H. Hold, Moderator appointed
the following Committee to act.
Mrs. Warren Sherburne
Mr. Willard C. Hill
Mr. Galen A. Russell
Mr. Roger S. Clapp
Dr. John H. Kane
Make checks
payable to "U.S.S.
Lexington Silver
Service Fund.
Hallie C. Blake $200.00 pd.
Leroy S. Brown 100.00 pd.
Elevyn [sic] G. Preston 100.00 pd.
J. Chester Hutchinson 100.00 pd.
Arthur N. Maddison 100.00 pd.
Ellen M. Tower 100.00 pd.
George L. Gilmore 100.00 pd.
291
Edward C. Stone $100.00 pd.
Edwin C. Stevens 100.00 pd.
Harold B. Lamont 100.00 pd.
Harry A. Wheeler 100.00 pd.
George E. Briggs 100.00 pd.
Willard C. Hill 100.00 pd.
Charles B. Davis 50.00 pd.
Robert P. Clapp 25.00 pd.
Roger S. Clapp 10.00 pd.
Robert H. Holt 10.00 pd.
(Total funds collected
and on hand 5 Oct 1927) $1,495.00
292
Report of Committee on Removing and Housing
of the Fire Whistle Apparatus.
March 26, 1928.
We recommend that the apparatus
now housed in the Town Hall for the
purpose of sounding fire alarms on the
whistle be removed at an early date
and placed temporarily in a portion of
the sheds now located at the rear
of the Town Hall.
We recommend that the Board of
Selectmen enter into agreement with
Rubin & Seligman, owners of the Town
Hall Property, to the effect that this
whistle apparatus may be located in
a portion of these sheds for a term
of two years.
Edward W. Taylor
G. F. Parsons
293
November 26, 1928
To the citizens of Lexington:
The Selectmen respectfully report to
the Town with regard to the new
Memorial Building as follows; viz;
The Trustees of Isaac Harris Cary
Educational Fund duly completed in
in accordance with the argument re-
sulting from the Town's acceptance, by
vote passed January 31st, 1927 of the
offer addressed by them to the Selectmen
under date of January, 1927, the
Memorial Building therein described.
The building was dedicated by
appropriate exercises on Thursday evening
October 18, 1928, at which time the
Trustees delivered to the Selectmen for
the Town a deed of gift executed in
conformity with the draft annexed
to said vote. Previous to that time the
agreement provided for in said vote
had been executed and delivered under
date of February 15, 1927.
The deed referred to was accepted on
behalf of the Town by the Chairman of
your Board of the Selectmen in a brief
address delivered as a part of the
dedicatory exercises, and the deed has
been filed for record in the Middlesex
South District, Registry of Deeds.
Respectfully submitted,
Albert H. Burnham
William H. Ballard
Theodore A. Custance
James G. Robertson
Francis Chamberlain
Selectmen.
294
Lexington, Mass., November 26, 1928
Final Report of the Committee of five
appointed by the Moderator under vote
of the Town passed December 6, 1926 to
investigate and report with respect to
securing authority for representative town
meetings.
To the citizens of Lexington;
At the Town meeting in March
1928 an extensive report of progress was
presented giving in detail the scope, form
and general idea of the so-called
representative town meetings, the research
work of the Committee and closed with
the suggestion that further report would
be made in Fall.
Your Committee has continued its
labors in the interim and has come
to the Conclusion that Lexington should
have representative town meetings. It
recommends that the next step should
be taken, namely, that our Selectmen
be authorized to petition the Legislature
for an Act which would make it
possible for the Voters to take definite
action at such time in the near
future as they might deem necessary to
carry out the recommendations of
this Committee.
For the purpose of carrying out the
recommendations which we herewith make,
the Committee will present a motion
to this meeting.
The most recent Act for Representative
town meeting has been adopted by the
neighboring Town of Winchester within
the month. Its general form and
provisions would apply to the
295
geography, spread of population, voting
strength and probable future growth
of our Town. We therefore refer to it
in our motion as a model for our
Selectmen to follow in preparing a
specific Act for Lexington.
Under the vote to be offered, you
do not commit yourselves to rep-
resentative town government.
What you are doing is authorizing
the Selectmen to have placed on the
Statute books a specific Act. Such
an Act will have no effect until
and unless accepted by the town.
We think there should be a provision
in the Act to the effect that it
may be accepted at any time
within the next three or four yeras
which will put us in a position,
during that time, where we may
give the matter full consideration
as to details and whether or not
we wish to accept it.
With over 4,000 voters, with the
necessity of dividing the vote in Precinct
2 and looking forward to the rapid
growth of the Town and its
greatly increased and complex business
administration, the question of having
a more business-like town meeting
should be presented to the voters
for their consideration.
It can only be presented in concrete
form by having a specific Act passed
by the Legislature, and this your
Committee recommends.
The Committee also considers
the acceptance of such an Act
296
would be for the best interests of the Town.
Respectfully submitted,
George E. Briggs, Chairman
Robert L. Ryder
John E. A. Mullikin
George E. Smith
Joseph R. Colton Secretary.
297
Commitee Report on Naming Air Plane Carrier
Lexington March 15, 1926
Town Record Book, page 17, Volume 16.
To the citizens of Lexington,
At a special town meeting held
September 28, 1925 the undersigned were
appointed a Committee to report to the
Town what action, if any, the Town
should take in recognition of the naming
after this Town by the Navy Department
the airplane carrier "Lexington" which
was launched at Fore River, October 3,
1925.
Your Committee are unanimous that
it is most fitting that this historic
old town should make some recognition
of the fact the newest boat in the
United States Navy bears our name; - a
name which the Navy Department has
perpetuated by using it for one hundred
and fifty years, for the first "Lexington"
was authorized by Congress October 13,
1775.
It is the general custom for States,
Cities and Towns to recognize the use
of their name by a naval vessel by
the presentation of some gift, and in
the past this has many times taken
the form of a punch bowl or silver
service. Your Committee feels, in this
instance, that if this Town takes any
action, the gift should be something
which would in a more appropriate
way perpetuate Lexington's historic name
and more closely visualize that event
upon which rests the fame and the
honored name of Lexington.
298
If we dismiss the small and less
expensive gifts, such as ship's clock, we
find that a ship's bell would be a
proper gift. This to be of bronze and
cast in high relief, bearing inscriptions,
the Town seal and designs of a local
historic nature. A ship's bell for a vessel
of this size is 3 ft. high and 2 ft. in
diameter. To provide such a bell with
its supports, etc. would cost possibly five
thousand dollars. The City of Denver
provided its namesake with a silver
bell, placed on the quarter deck
which is used when the cruiser Denver
is in port. A similar bronze bell about
one foot high could be prepared at a
lesser figure.
A replica of our Minuteman about
2', 6" high can be made in bronze at
an expense of not over $2000. This we
presume would have to be done by
Mr. Kitson as our Minutemen statue is
copyrighted by him. Bronze tablets about
2' x 3' suitably inscribed and bearing
either the Minuteman in high relief or
the Battle of Lexington which hangs
in this building, and the Town Seal
would be a very appropriate gift. Such
a tablet could be prepared at an expense
of not over $750.00.
Your committee are of the opinion that
it would be decidedly worth while to
adopt one of these suggestions and in order
that the matter may come up for immediate
action we offer this specific recommendation
in the form of a note, provided that
the citizens accept this vote.
Voted:- "That the citizens of Lexington
in recognition and appreciation
299
of the Navy Department having christened
the new airplane carrier "Lexington"
approve the general plan of presenting
a suitable memorial to be placed
upon the vessel. The Moderator is hereby
instructed to appoint a Committee of
five, of whom the Town Treasurer shall
be one. This Committee shall have
entire charge of collecting funds from
the citizens to cover the cost of the
memorial and of its design and prep-
aration; and further the Committee
shall, in cooperation with the Selectmen
present the Memorial to the Navy
Department in the name of and in
behalf of the Town of Lexington."
Respectfully submitted,
G. H. Wadleigh
Edwin B. Worthen
For the Committee
Feb. 26, 1926
300
Report of the Committee Appointed to
Investigate the Advisability of Establishing
A Wire Inspection Dept. for the Town of Lexington
Town Meeting of May 12, 1926.
Town Record Book. Vol. 16, page 80.
After due consideration of this subject
the Committee recommends therefore that
such a department be established, and
cites as reasons the following.
The Town of Lexington requires inspection
of buildings and plumbing, whereas the
almost equally important work of electric
wiring may be performed without specific
authority or subsequent inspection.
As a very considerable fire hazard is
present when electrical wiring or associated
electrical apparatus are wrongly installed,
we believe that the property owner is
entitled to the added protection of his
property, which an authorized wire inspection
will give. With the rapidly increasing
use of electrical devices in the home;
many of which require considerably more
electrical power than that ordinarily
consumed by lighting circuits, the
possibility of fire hazard is likewise
increased.
Not only will the property owner
benefit by this proposed wire inspection
system, but the architect, builder, and
general contractor will be assured of proper
and satisfactory work on the part of the
electrical contractor.
The proposed establishment of a wire
inspection department has received the
hearty endorsement of the Edison Electric
Illuminating Company, Charles H. Tenney &
Company, and C. D. Parker & Company,
301
operators and managers of electrical
power systems.
Our own Fire Department through
its chief, Mr. Taylor, is strongly in
favor of an adequate wire inspection
department.
The New England Insurance Exchange
advises that the establishment of such
an inspection system would have a
direct bearing upon the insurance
classification schedule of the town,
and the Exchange most naturally
favors the installation of such a
department.
Lexington is one of the very few
towns and cities in the vicinity
of Boston that does not maintain
its own wire inspection department.
The neighboring towns of Winchester,
Belmont, Watertown, Arlington and
Concord all provide this service
at a cost varying between $100.00 to
$3000.00 per annum paid the
Inspector. The wide variance in the
amounts offered as salaries depends
on whether the Inspector devotes his
entire time to the positions or combines
it with other activities.
Respectfully submitted,
John A Proctor, Chairman
Howard E. Custance
Galt F. Parsons.
May 12, 1926
302
Report of Committee on Traffic Signals.
Town Meeting of December 6, 1926
Town Record Book. Vol. 16, page 99
To the Town of Lexington, Massachusetts.
Lexington, Mass
Sept. 27, 1926.
The Committee appointed by the
Moderator to "Investigate and report
the advisability of purchasing the
Traffic Signs for Beacons now placed
in the Town on trial or the advisa-
bility of installing other traffic signals"
respectfully submit the following
report:
Investigation shows that the type
of Beacons being tried out in Lexington
have in other cities and towns
operated satisfactorily over a period of
years and that they are a factor of
safety in preventing accidents and
reducing casualties.
Therefore, we recommend that the
Town of Lexington purchase the Beacons
now held on trial.
Respectfully submitted,
William I. Brown
Rockwell C. Tenney
Lester E. Smith
Committee.
303
Report of Committee on Revision of Bldg. Laws
Town Meeting of Dec. 6, 1926
Volume 16, page 100.
November 24, 1926.
The Committee for Revising the
Building Laws has met and recommends
the following changes.
Page 28, Section 2, Foundations-Add at end.
Every building hereafter erected or
altered for use as a dwelling shall
have a cellar at least 6' 10" in the
clear, except as otherwise provided in
this paragraph, with direct egress
to the outdoors and a stairway to
the first floor. The inspector may
however waive the requirements for a
cellar, providing a heating and
sanitary system is provided and
proper provision made for dry sills
and floors, all to his satisfaction.
Page 36, Add at end of Section 16.
Dwelling.
Section 17. Every room hereafter erected
or altered for commercial use shall
have at least one window designated
to open one-half to the outside air
and with a total area of not
less than 7 1/2 square feet.
Stores
Section 18. Every building hereafter erected
or altered for commercial use shall
be divided into section sof not more
than two stories each by fire walls
of masonry at best 8" thick continuous
from the basement floor up to the
under side of the roof.
Page 39. Section 3. Add at end of first
sentence.
Except that sills in dwelling houses
304
under 500 sq. ft. in ground area
and under two stories high shall be
not less than 24 sq. in. in area.
Page 58, Article XV. Water Closets. Fourth
line after word "require" add-
But under special permission is
given by the inspector to omit same
there shall be in every building here-
after erected or altered for use as a
dwelling at least one lavatory and
water closet in a separate toilet or
bath room.
(Insert) Respectfully submitted,
H. L. Wadsworth
W. R. Greeley
W. G. Black
C. M. Collins
J. F. Tibbetts
#Insert. Add to Article VII, Section 2.
Supports for girders in basement of
any building shall be approved
iron columns, brick, stone or concrete
piers. (Wood post shall not be allowed.)
305
Report of Committee on Sale of Almshouse Property.
Town Meeting of Dec. 6, 1926
Town Record Book. Vol. 16, Page 101.
Lexington, Mass.
November 13, 1926
To the citizens of Lexington:
At the annual town meeting
held in March 1926 the following
Article was presented in the Warrant:
Article 30.--
"To see if the Town will vote to
authorize the Selectmen to sell a
portion of the Almshouse Property and
contents, or act in any manner
relating thereto."
Under this Article the following
vote was passed: "Voted, that this
Article be referred to a Committee of
seven, including the Chairman of
the Selectmen of the School Committee
of the Planning Board, and of the
Appropriation Committee, and three
others to be appointed by the
Moderator, this Committee to report
not later than the next Annual
Meeting."
In pursuance of this vote the
following Committee was appointed;
Theodore A. Custance, Chairman of Selectmen
Frederick L. Emery " " Planning Board
Howard S. O. Nichols " " School "
Edward H. Mara
Arthur N. Maddison
J. Henry Duffy
The Committee has carefully
considered the matter in hand and
presents the following report.
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The Almshouse property is located in
the Concord Hill section so-called, at
the junction of Hill and Cedar Streets
and comprises about 22 acres of land
with the buildings thereon. The buildings
consist of a frame house and barn
together with various sheds and out
buildings, all in need of considerable
repair. The house formerly used principally
as an Almshouse is now temporarily
occupied by a family requiring the
Town's assistance.
The number of inmates at the house
had decreased to such an extent in 1925
that the Selectmen found it unwise and
uneconomical to maintain the house
strictly for almshouse purpose with the
necessary matron, equipment, etc., and
since that time persons have been
very satisfactorily cared for by an
arrangement with other municipalities.
The barns, sheds, etc., are utilized
for stabling 8 horses, and storing
wagons and other equipment for the
Highway Department. We understand
that about one third of the hay
required for the horses is raised upon
the place. In this connection we are
informed that until such time as the
town can secure a suitable site for
establishing a much needed central
location to accommodate the various
divisions of the Public Works Department,
these buildings or equivalent room else-
where are needed to house such
equipment as is now located there.
Such, then, is the general use to which
the property is now being put by
the town.
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Situated about a mile from the
Hancock School and center play-
ground, and about a mile and a
quarter from the Parker School at
North Lexington, the property embraces
a fairly uniform tract, well
cleared, with a frontage of about
1400 feet on Cedar Street and
about 900 feet on Hill Street, with
good high building land abutting
these streets and sloping gently to
an area of level meadow land
with a brook running through the
same. This low area comprises per-
haps one fourth of the entire tract.
The property presents an unusual
natural amphitheatre commanding
a delightful view of the hills
and mountains of Western Massa-
chusetts, and because of its size
and general character offers unique
future opportunities for municipal
use such as school, playground
and other purposes.
The general area of high ground
is well adapted for school or
other general building locations,
while the low ground in the
central portion suggests a very
practical means to provide, at
small expense, a proper location
for football, baseball and other
sports. This area could also, with
comparatively small expense, be
flooded for skating, etc., in winter.
The Committee feels that the
question of providing open areas for
playgound is becoming increasingly
important and particularly in view
308
of the large use of automobiles. Children
naturally gravitate to some extent
to the street for play, and parents
view with considerable apprehension
the possibility of accidents where such
a situation obtains. The danger of
automobile traffic upon the activities
of children is becoming a vital factor
in determining the location for school
and playground areas. The property
under consideration is in our judgment,
ideally situated in this respect, being
off the main arteries of travel
The land in the general vicinity
of the Almshouse is largely high
ground, and while relatively undeveloped
to any considerable extent at present
offers splendid opportunities for future
residential development.
The School Committee informs us
that the school population in this
district does not warrant the construction
of a school in this vicinity at this
time, but with the nature growth
of the town there is every indication
that a school may be necessary to accommodate
this general area, and
that this particular location might
in the future be very readily adapted
for such use.
The Committee has carefully considered
the income which might accrue by
selling the property and the ultimate
revenue which also might be derived
from taxes if and when the plot shall
have been developed with residences, etc.
The character and repair of the
building is such that the chief value
of the property lies undoubtedly in
309
the land. Assessed valuation of undeveloped
tracts in the general
vicinity run upwards to $300.00 per acre.
Up to the present, so far as this
Committee has learned, no offers have
been made to the town for the premises
which would appear to indicate that
there is no general demand at this
time for developing a tract of this
size.
In conclusion your Committee
recommends that the property be held
by the Town for the present, for the
following reasons:
1st - Its present use represents a net
saving to the town and will continue
so until accommodations are found
elsewhere, particularly that of school and playground.
2nd - Its present use represents a net
saving to the town and will continue
so until accommodations are found
elsewhere, particularly for the Highway
Department.
3rd - The increment of value in the
property will appreciate as other
contiguous properties develop and influence
its value. Because of this aspect,
and in view of lack of demand, a vote
at this time does not, in the opinion
of the Committee, appear justified.
Respectfully submitted,
J. Henry Duffy, Chairman
Frederick L. Emery
Francis Chamberlain
Theodore A. Custanse
Edward H. Mara
Arthur N. Maddisox
Howard S.O. Nichols
310
Report of the Committee on New Town
Office Building
Town Record Bank, Vol 16 page 146.
At the Town Meeting held March
28, 1927, it was Voted, "That this Committee
be constituted a Building Committee and
authorized and directed to procure plans,
specifications and estimates for a new Town
Office Building."
In pursuance to the foregoing vote
your Committee has had prepared plans and
estimates of cost of a Town Office Building substantially
as illustrated and described herein. It has been
developed from a number of suggestions and
designs as submitted to us by Messrs. Kilham
Hopkins, and Greeley (William Roger Greeley)
and Mr. Willard D. Brown, whom we have
employed as Associate Architects and who are
acting in a similar capacity in planning
the Isaac Harris Cary Memorial Building.
It is apparent to every citizen that these
are great possibilities in the generous gift to
the Town, which through the acts of the Trustees
provides in additional to a beautiful Memorial
Building, a site for a Town Office Building and
room for another Municipal Building when
needed.
While your Committee was appointed to
develop plans of an office building, it
has been impossible to give this subject
any consideration without quickly realizing
that the appearance of these public buildings
placed upon the land chosen for the
Isaac Harris Cary Memorial Building
will be decidedly affected by whatever
use is made of the adjoining land
upon each side now privately owned.
Some study was therefore given
311
to an office building place near Vine
Brook and at the building line (20
feet back of the street line) and so
designated as to be viewed as a part
of the business development along Massachusetts
Avenue. Your Committee is
unanimous, however, in recommending
that the proposed office building be
placed as shown herein, forming part
of an harminous [sic] grouping of three buildings
which when completed will form a
beautiful municipal center.
Location.
As indicated in the sketch-plan,
the proposed office building is placed
about 62 feet from Massachusetts
Avenue and about 80 feet northwest of
the Memorial Building, allowing for a
wide lawn between and with a path
and steps to the parking space in rear
at a lower level. Entrance to the
building is the semi circle drive
leading to the Memorial Building. There
is a service drive between the building
and Vine Brook which provides the
entrance to the Police Station and the
parking area.
The Proposed Building.
The style of this building is the
same as the Memorial Building. The
red brick brick walls and white
trimmings suggest the Colonial architecture
of the time of the Revolution,
and the slate roof also belongs to
the period, but the interior makes
no pretense at being a copy of the old.
Well lighted corridors are on the south
side of the building with a staircase
at each either end. The Town offices
312
all open off these corridors, and are inter-
connecting. Ample vault space has
been provided by giving each department
its own fireproof vault and there is
also a large storage vault in the
basement. Every office is well lighted
by outside windows, and heated from
radiators connected with the boiler
plant in the Memorial Building. All have
generous provisions for artificial light.
Offices regularly visited by the public
will have the necessary counters and
grilles, and additional conveniences for
the public have been placed on each
corridor.
The entire lower floor and exterior
walk are of fireproof construction, and,
as in the Memorial Building, automatic
sprinklers are placed throughout the
building, thus obtaining low insurance
cost.
Accommodations Provided.
Every office within our present building
has been provided for, and so arranged,
we believe, as to best meet the public
needs and at the same time secure
economical operation. Practically the
entire lower floor has been given over
to the Police Department. On the street
floor are offices for the Superintendent of
Public Works, the Clerk of the Selectmen, and
the office and hearing room of this Board.
For them there is provided a room 20x31,
or about the size of Cary Hall in
the present Town Hall Building. The Town
Clerk, Treasurer, Accountant, Tax Collector
and Inspectors may also be placed
on this main floor as they are the
officials having the greatest number of
313
calls from the public.
The second floor provides accommodations
for the Engineering Department,
the Water and Sewer Department, and
the Assessors. There are also two conference
rooms for the use of the Town
Committees, the larger room being
located so as to be especially available
for use by the Registrars of Voters.
Feeling that the fire alarm
whistle would be totally out of place
in this group of buildings, we have
made no provision for it or for the
tanks and machinery connected
therewith. We recommend that this
be handled as a separate project.
Future Growth.
While ample provision has been
made for the natural growth which
may be expected to take place, notably
in the Assessing, Engineering, Water and
Sewer Departments, it is manifestly
impossible for your Committee to say
how long it will be before the
growth of the Town will be such as to
require more space than we have
provided. We have examined office
buildings in other towns and cities
and consulted their officials. Based
upon these studies we believe it fair
to assume that the proposed building
will accommodate a municipality of
30,000 inhabitants. When additional
space is required, the Town will have
the option of enlarging this building
by adding on in the rear or constructing
a second building on the
other side of the Memorial Building.
314
Office Furniture
We propose to use all the existing
furniture which is fit to use and
the vault fixtures. Additional fixtures,
furniture and vault equipment will
be required and your Committee suggests
that $5,000 be appropriated for this
purpose.
Grading
In the event that the Town should
vote not to construct a new office
building, the Isaac Harris Cary Trustees
will carry out their original plan of
building the main entrance drive
and grading around the Memorial
Building. If the Office Building is constructed
the Trustees, with whom we
have co-operated in the layout of the
premises, having offered to contribute the
estimated cost of the work they had
planned, toward the grading and landscaping
of the entire lot.
Complete plans and specifications
have been prepared for grading the
entire area and bids have been
secured for this work. Our total estimate
includes an adequate to the Office
Building.
Sale of Present Town Hall Property.
No direct authority was given your
Committee to sell the present Town Hall
property but in order that full information
could be given to the voters, we have
advertised for bids for the purchase
of the present Town Hall to be received
on September 20, 1927. These bids will
be submitted to the citizens at the
Town Meeting on September 22, 1927.
315
The proposal to purchase is subject
to a one year lease, free of rent to
the Town, so that we may, if the
Town so votes, sell the property and
remain in our present quarters during
the construction of the Office Building.
Cost
From actual bids received from a
comprehensive list of contractors we
estimate the total cost of building,
furniture, grading, bond for completion
Architects' fees and an allowance of
$2400 for contingencies will be $110,000.
The Town can apply toward the cost
of this project the proceeds from the
sale of the present Town Hall, also
the $11,000 received from the sale
of the Rindge property. The appropriation
of $3500 made by the
Town on March 28, 1927 will also
apply toward the cost of the entire
project. The balance of the money
required should be provided by the
issuance of Town notes or bonds.
[handwritten in margin: "P 148"]
Conclusion
Your Committee is unanimous in
its belief that the building described
herein fully meets all present needs
and is large enough to fulfill the
requirements of the Town for years to
come. Its design and setting, as a
part of a municipal group will always
be a source of pride and satisfaction
as holding to Lexington's finest traditions.
We have, therefore, requested the
Selectment to issue a Warrant for a
Town Meeting to be held Thursday,
September 22, 1927, in which will
be embodied articles necessary to the
316
acceptance of this report and to carry
out the recommendations of your
Committee.
Respectfully submitted,
William H. Ballard
Albert H. Burnham
Theodore A. Custance
Francis Chamberlain
Norman C. Hooper
Arthur N. Maddison
Fred H. Moulton
George W. Nary
James G. Robertson
Albert B. Tenney
Edwin B. Worthen.
317
Plumbing Laws.
Town Meeting of Sept. 28, 1925
Volume 16, Page 48.
Approved by Attorney General Oct. 28/25
Published in Lexington Times, Nov. 6, 13 & 20/25
Article I Title. This by-law shall
be known and cited as the Plumbing
Law and shall supersede the existing
Plumbing and Drainage regulations
of the Board of Health.
Article 2. Authorities. The Board of
Selecmen, acting as a Board of Health
or such other Board as may under
the law exercise the powers of a
Board of Health, or such person or
persons as may be designated or
appointed by such Board, shall
grant permits for plumbing when
applications for the same are
made and filed in conformity to the law.
If the Board finds that the
terms of a permit are being violated,
it may, after notice mailed to the
person to whom the permit was
issued, order the whole or any part
of the work, which is being done
under the permit, to be stopped,
and such work shall not be
resumed until the terms of the
permit have been complied with.
All applications for permits under
the provisions of this act shall be
in writing, on forms furnished
by the department. The Board may
require the material facts set forth
in the same to be verified by the
oath of the applicant. Every
applicant shall state the name and
318
address of the owner.
Except as otherwise provided by law,
the provisions of this act shall not be
held to deprive the Board of Selectment,
acting as a Board of Health of any power
or authority which they have at the
date of the passage of this act, or
of the remedies for the enforcement of the
orders of said Board, unless such
powers, authorities, or remedies are inconsistent
with the provisions of this act:
Nor to repeal any existing law, not herein
expressly repeated, except so far as it may
be inconsistent with the provisions of
this act.
Article III. Registration. No plumber shall
engage in or work at the business of
plumbing unless he shall first have
registered his name and place of
business in the office of the Board,
and no person shall by display of
sign or plumbing material, or otherwise,
advertise as a plumber, unless he
shall have been registered or licensed
as such. Every master plumber shall
conspicuously display his certificate or
license within his place of business.
Notice of any change in the place of
business of a registered or licensed master
plumber shall immediately be given by
him to the Board.
Article IV Notices. Every plumber before doing
any work in a building shall, except in
the case of repair of leaks, file in the
office of the Board, upon blanks for
that purpose, an application for a
permit, and if required by the Board
a plan or sketch of the work to be
performed: and no such work shall
319
be done in any building without a
written permit from the Board.
Article V. Inspection. Pipes or other
fixtures shall not be covered or conceded
from view until approved by
the Board or its agent, who shall
examine or test the same within two
working days after notice that they are
ready for inspection.
Before notifying the Board that
the piping is ready for test, all
iron hangers and other necessary
supports must be in position and
permanently secured, and all joints in
pipes, which are to be tested, shall
be in position, and no such plumbing
work shall be used unless the same
shall have first been tested by the
plumber in the presence of the
Board or its agent with the water
test, or if that is not practicable,
with some other reliable test. After
the plumbing is completed in a
building, it shall be again tested
as a whole, if in the opinion of the
Board such additional test is
necessary. If at any time of any
test of examination required by the
provisions of this chapter any leaks,
defective or patched materials, improperly
made connections, or evidences of unskilled
or inferior workmanship is found,
the same shall be condemned by the
Board or its agents and ordered by him
to be corrected or removed and no
further progress shall be allowed upon
the work until the same is sone
and the test renewal. If the test
and examination be satisfactory, the
320
the Board or its agents shall so certify
on the application on file, and he
shall thereafter from time to time
examine the work while in progress.
Article VI. Penalty. The penalty for
violation of any provisions of this
by-law shall be a fine of not exceeding
$50.00 for each such offence.
Article VII Frost. Water pipes in every
building shall be properly protected from
frost.
Article VIII Water Connection. In every
tenement house hereafter erected all sinks
and water-closets shall be provided
with an adequate supply of running
water as approved by the Board.
Article IX Sewer and Drain Connections.
The plumbing of every building shall
be separately and independently connected
outside the building shall be separately
and independently connected outside the
building with the public sewer, if such
sewer is provided, or with a proper
and sufficient private drain or sewer
laid outside of the building, and
if a sewer is not accessible, with a proper
cesspool. Several buildings may have
a common sewer connection if such
connection is approved by the Board.
Article X Water and Vent Pipes. Iron
drain, soil, waste and vent pipes shall
be sound, free from sand holes, of
uniform thickness throughout, and
shall have an average weight not less
than that given in the following table.
2 - inch pipe 5-1/2 lbs per foot
3 - inch pipe 9-1/2 lbs per foot
4 - inch pipe 13 lbs per foot
5 - inch pipe 17 lbs per foot
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6 - inch pipe 20 lbs. per ft.
8 - inch pipe 33-1/2 lbs. per ft.
10 - inch pipe 45 lbs. per ft.
12 - inch pipe 54 lbs. per ft.
The weight of all bad waste
and vent-pipes used in plumbing
shall not be less than that specified
below, viz; -
1 - 1/4 inch pipe 2-1/2 lbs per ft.
1 - 1/2 inch pipe 3 lbs. per ft.
2 - inch pipe 5 lbs. per ft.
3 - inch pipe 6 lbs. per ft.
4 - inch pipe 8 lbs. per ft.
Iron pipes, when passing through the
roof or buildings, shall be water
tight with sheet copper or four pound
sheetload.
Iron drain, soil, waste or vent
pipes running horizontally through
building shall either be laid in
trenches to uniform grade of not less
than one-quarter of an inch full
in each foot towards the sewer or
cesspool, suspended to floor timber by
strong iron hangers at same grade
or properly secured to walls by heavy
iron clamps, or [dog?], or supported
by brick piers laid on solid stone
or ground foundation, and graded in
a proper manner. Verticle [sic] drain, soil
waste or vent pipes shall be securely
fastened to walls by strong iron clamps
or other supports, and shall be
carried out through the roof open
and undiminished in size, and to
a sufficient height, not less than two
feet above the roof and not less than
five feet above the top of any
window within fiftenn feet of the
322
pipe. Changes in direction shall be made
with full Y branches: except that T's may
be used for vent pipes and Tee Y's on
verticle lines for branch connections
for water closets that require a lead
bend below the floor. All drain pipes
shall be exposed to sight where practicable
within the building, and shall
not be exposed to pressure where they
pass through walls and shall extend
ten feet beyond the inside face of the
wall.
Article XI. Traps and Air Pipes. Every new
drain pipe connecting the plumbing
in any building with the sewer or
cesspool, shall be furnished with a
proper main running trap. No trap or
quarter bend shall be placed a the
foot of a verticle soil or Drain pipe
and no saddle hubs will be allowed
on any building. No union or slip joints
shall be used in connection with traps,
drains, soil, waste or air pipes on the
sewer side of traps, shall have their
screws below the water line or on the
fixture side of the traps. All handholes
or openings in iron traps, drains soil,
waste or vent pipes for cleaning or
inspection purposes, shall be closed
with extra heavy brass trap screw
ferrules properly leaded and caulked
into the iron hubs.
The waste pipe of every independent sink,
basin, bathtub, watercloset, slop-hopper,
urinal or other fixture shall be furnished
with a separate trap, which shall be
placed as near as practicable to the
fixture which it serves.
323
A sink and set of three washtaps
may be connected to the house drain
through one five-inch round trap,
when the waste pipe from fixtures
to trap is not more than three feet
six inches in length, and in such
case the trap shall be above the
floor. The outlet from each fixture
shall enter the trap separately. Not
more than four wash bowels or
sinks in a continuous line may be
connected to the house drain through
one five-inch round trap.
Two or more fixtures on the
same level with not more than two
feet of waste pipe and connecting into
the soil or waste pipe not more than
eighteen inches below the top water
line of the trap, shall not require
other vent than the continuation of
the soil or waste pipe full size
for its whole length. No connection
to lead bends for water-closets or
stop sinks shall be permitted, except
the required back air pipe where a
continuous vent is not practicable.
Earthenware traps shall have heavy
brass floor plates soldered to the lead
bends and bolted to the trap flange,
and the joint made gas tight with
red or white lead. Rubber washers for
floor connections shall not be used.
Traps shall be protected from
siphonage or air pressure by special iron
or brass air pipes of a size not less
than the waste pipes they serve: back
air pipes shall not be connected to
the trap or branched into the waste
pipe except where a continuous vent
324
is not practicable, but a suitable non-
siphon trap may be used without a
back air pipe upon the approval of the
Board. Back air pipes shall enter the
waste pipe within eighteen inches from
the trap and shall
be a continuation of the waste pipe.
Lead air pipes may be used only for
short connections where they are exposed
to view. Air pipe for water-closet
traps shall be connected to the highest
point of bend or trap, and may be
of two-inch bore if not more than
three fixtures and less than thirty
feet in length: if for more than
three fixtures or more than thirty
feet in length they shall be of three
fixtures and less than thirty
feet in length: if for more than
three fixtures or more than thirty
feet in length they shall be of three
inch bore. Air pipes shall be run as
direct as practicable, and if one and
one-half inches in diameter shall not
exceed twenty-five feet in length.
Two or more air pipes may be connected
together or with a vent pipe; but
in every such case the connection shall
be above the top of the fixture.
The trap for the upper fixture on a
line of soil or waste pipe, if within
five feet of the stack in a horizontal
line, shall not require a special air pipe,
unless the outlet is branched into a stack
more than eighteen inches below the top
water line of the trap. All vent pipes
shall be carried full size through the
roof. Vent lines shall be connected at the
bottom with a soil or waste pipe or
with the drain, in such manner
to prevent accumulation of rust
scales and properly to drip the water
325
of condensation. Off-sets shall be made
at an angle of not less than forty-
five degrees.
All traps except for water-closets
not provided with special air pipes
shall be suitable non-siphon traps
and shall have at least a four-
inch water seal. Round traps shall
not be less than four inches in
diameter and eight inches long, and
made of eight-point lead. All
trap screws shall be water-sealed.
Article XII. Special Traps. Every
building from which grease may be
discharged in such quantity as to
clog or injure the drain or sewer,
or in which gasoline, naphtha, or
other inflammable compounds are
used for business purposes shall be
provided with a special trap,
satisfactory to the Board.
The waste pipe from the sink
of every hotel, eating-house, restaurant,
or the public cooking establishment,
shall be connected to a grease trap
of sufficient size, easily accessible to
open and clean, placed as new
as practicable to the fixture it serves.
Wherever a surface drain is installed
in a cellar or basement, it
shall be provided with a deep seal
trap and back-water valve. Drain
pipes from fixtures in cellars and
basements, liable to back-flow
from a sewer, shall be supplied with
back water valves.
Article XIII Stable and Garage Drains.
The drainage from stable and
garage fixtures shall be constructed
326
according to plans approved by the
Board.
Article XIV Refrigerator Drains. All drip
or overflow pipes shall be extended
to some place in open sign, and
in no case shall any such pipe
be connected directly with the drain
pipe. No waste pipe from a refrigerator
or other resceptacle in which provisions
are stored, shall be connected
directly with a drain or other waste
pipes. The waste pipes from all other
fixtures shall be connected directly
with a drain pipe. Refrigerator
wastes connecting with two or more
stories shall be supplied with a trap
on the branch of each floor and
extending through the roof.
Article XV. Water Closets. Every building
used for habitation shall have such
number of water-closets as the Board
may require; every building where persons
are employed, and in any building
where persons of both axes are employed,
separate accommodations shall be
furnished for men and women. Ever
enclosure containing one or more water-
closets shall be provided with adequate
ventilation to the outer air either by
window or by suitable light shaft.
Every ventilating flue shall be
constructed of, or lined with incombustible
material.
Every water-closet or line of
water-closets shall be supplied
with water from a tank or
cistern, and shall have a flushing
327
pipe of not less than one and one-
quarter inches in diameter. No water-
closet shall be placed in any room
or apartment in any building that
has not sufficient light and direct
communication with the external air,
either by window or air shaft,
having an area to the open air
of at least three square feet. In
every tenement house hereafter erected
there shall be within each apartment
a separate water-closet located
in a bathroom or in a separate
compartment. Said compartment
shall be not less than three feet
wide, and shall be enclosed
with plastered partitions which
shall extend to the ceiling. No
water-closet shall be permitted in
the cellar of any tenement house,
unless by special permission of the
Board in writing. The floor of
every water closet compartment shall
be made water-proof with asphalt,
tile, stone, or some other more-
absorbing water proof material. No water
closet fixtures shall be enclosed
with any woodwork. If the water
closet is in a bathroom, it shall
be sufficient to waterproof the floor,
directly beneath the fixture and
extending one foot beyond it in
each direction.
328
Recommendations of the Committee on Revision
of Building Laws.
Adjourned Town Meeting March 16, 1925
Volume 16, Page 11.
The following are the Recommendations
of the Committee on Revision of the
Building Laws:
(1) To amend the fifth paragraph of
Article II Section 3 to read "It shall
be the duty of the inspector to approve
or reject any plans filed with him,
within ten days, but the Selectmen
can, in special cases, extend this time
as seems to them to be demanded by
the public interest. No work shall be
commenced until a permit is issued"
(2) To amend Article II, Section 5, to read:
"Whoever performs or causes to be
performed any work, or maintains,
alters, or erects any structure in violation,
etc.
(4) To correct the reference in Article II,
Section 7, paragraph (b) to read: "Ordinary
repairs as defined in Article Vi, Section
1, paragraph 1
(5) To amend Article IV by striking out
Sections 2 to 19 inclusive and substituting
as a new Section 2, the following; Design
of structural members shall be based
upon working stresses prevailing in
good current engineering practice."
(6) To amend Aricle V, Section 1, paragraph
2, to read: "The erection, construction
demolition or alteration of such buildings
or structures as herein provided, shall,
when proceeded with, be executed in
accordance with such approved plans
and detailed descriptions, unless
329
amended plans are filed and permit
issued therefor. Any permit which may
be issued by the Inspector pursuant
to the provisions of this section, but under
which work is not commenced within
six months of the time of issuance, or
is abandoned before its completion,
shall expire by limitation."
(7) To add to Article V, Section 1, a
third paragraph to read: "The Inspector,
subject to the approval of the Selectmen,
may establish from time to time
reasonable fees or charges for issuance
of permits."
(8) To amend Article VII, Section 1, by
adding the words: "All excavations
shall be at least six inches clear of
foundation walls, and no backfilling
shall be done until approved by the
Inspector."
(9) To amend Article VII, Section 2, by
adding to the first sentence, so that
it shall readL "All foundation walls
if of brick or concrete shall be at least
four inches thicker than the first
story walls above, but shall be at
least ten inches thick except inthe
case of a private garage or outbuilding
#3 To correct the reference to the
Revised Laws in the last paragraph
Art. II, Sec. 3 to read: "See G. L. Chapter
143, Section 6.
(10) To amend Article VII, Section V, by
substituting for the last five paragraphs
the following:
Lb. per sq. ft.
"For armories, assembly halls and
gymnasiums and way of egress there
from 100
330
For factories, according to commissioner .. 100 - 250
For garages (private) Storage & repair floors .. 75
For garages (public) .. 150
For grandstands .. 100
For Office Buildings: .. 1
First floor .. 110
All other floors .. 75
For residence buildings, Public portions .. 75
For residence buildings Except as above .. 50
For schools:
Assembly halls 100
Class Rooms, never to be used as
assembly halls .. 50
For sidewalks .. 250
For stores .. 110
(11) To amend Article VII, Section 9, last
paragraph by striking out the words
"or steam" so that it will read: "No
metal pipe used to convey heated air
shall be placed within one inch
of any woodwork, unless it is enclosed
in a soapstone or earthen ring, or
in a metal pipe with air space
between, or otherwise shielded with
metal or asbestos, in a manner satisfactory
to the Inspector."
(12) To omit Section 11 of Article VII,
Making sections 12, 13, 14, 15, 16 & 17,
Sections 11, 12, 13, 14, 15 and 16 respectively.
(13) To amend Section 12 (formerly
Section 13) paragraphs 1 and 2 to read:
"The roofs of all buildings, including
the roofs of dormer windows, shall be
covered with fire-resisting material.
Roofs of out-buildings (other than
garages) having less than two hundred
square feet in area on the ground
and also flat roofs of piazzas and
similar projections may be covered
331
with canvas or three-ply roofing felt.
The provisions of the first sentense of
this section shall apply to all buildings
hereafter erected or altered, on land
laid out owned, or plotted into lots
or parcels for building purposes, and
on all parcels of land of less than one
acre in extent.
In repairing the roof of any existing
building now covered with non-fire
resisting material, if more than 20% of
the roof is recovered within any one year
the same shall be done with fire
resisting material as specified for new
roofs in the preceding paragraph,
but the re-covering of any building
more than one hundred years old
which is at the time in the care
of the Lexington Historical Society shall
be exempt from such requirement.
(14) To amene Article IX, Section 3, by
adding "In a girt frame there shall be
a post from sill to plate at least
every twenty (20) feet."
(15) To amend the Title of Article X to
read: "Special Buildings. Uses and
Restrictions."
(16) To amend Article X, Section 1 to
read: "No billboards, advertising boards
or other structure, except buildings
and structures herein after specified,
shall be erected upon or attached to
any land or the exterior of any building.
The foregoing shall not apply to
necessary division fences used solely as
fences & structures erected and used
solely for the support of vines, shrubbery
or vegetation, flagpoles; awnings used
solely as such; signs advertising
332
solely the letting or selling of or business
conducted on the premises to which they
are attached; or billboards, advertisements,
or other Commercial displays not exceeding
twenty square feet in surface area, nor
ten feet in any dimension."
(17) To amend Article X, Section 2, so
that the first sentence shall read; "No
external wall of any building or dwelling
of the third class shall be less than
7-1/2 ft. from the line of any adjoining
lot, nor less than ten feet from any
other building, and no external
wall of any building of the second
class shall be less than 7-1/2 ft.
from the line of any other building,
unless the side wall of such proposed
building of the second class is constructed
of brick or other fireproof
material, of a thickness and in the
manner prescribed for external walls of
fireproof buildings."
(18) To omit Section 10 of Article X.
Theodore A Custance
Patrick F. Dacy
Bartlett J. Harrington
Wesley T. Wadman
Wm. R. Greeley, Chairman
March 16, 1925
333
Report of Committee Appointed by the Town To
Study Its Fire and Water Departments.
To the Citizens of the Town of Lexington:
At the adjourned annual Town
Meeting held on March 12, 1928, Articles 4,
28 and 30 were taken up jointly and the
following motion was adopted:
"That Article 4 in so far as it relates
to the Fire Department and Articles 28 and
30 be referred to a Committee of five to
be appointed by the Moderator, one from
the Board of Selectmen and Public Works
and four other citizens, none of whom shall
be office holders or employees of the Town."
"That this Committee study carefully the
Fire Department in all its particulars
especially the adequacy and efficiency of
all its apparatus of every kind and
description, including the fire alarm
system, the personnel of its permanent
and call men and their ability and
training for the position held and paid
for, the location of our station house
and possibilities of consolidation and
re-location - new and better sites, if
any, for housing - living accommodations
and hours of duty of the permanent
members - the laws governing the Fire
Department and its legal relationship to
our present form of Government - and
our water system, with special reference
to the adequacy of street mains for the
proper-fire protection."
"And that in order to aid the
Committee in its studies all records of
the Department together with its
entire personnel, as well as that
of any other Department having any
334
relationship or dealings with the Fire
Department be made available for the
attention and consideration of this Committee."
"And that this Committee be empowered
to employ the services of a properly qualified
fire-fighter from any of the Metropolitan
cities, or experts from the New England
Insurance Exchange, in order that the
Committee may be well advised."
"And that this Committee report at a
later Town Meeting as to -
1 - The ncessity for a new pump and
two additional permanent men.
2 - The adequacy of the present apparatus
including the fire alarm system.
3 - Proper number of permanent men
and what provisions are now made
and should be made in the future
for their training.
4 - The possobility of consolidating the
two station houses.
5 - Possible location for a new site,
should the study show consolidation
to be advisable.
6 - Advisability of a permanent Chief.
7 - Responsibility of the Fire Department
to our Board of Selectmen or
Public Works or any other board of
our Town Government.
8 - The adequacy of our present water
system for proper fire protection.
9 - Finally, any and all matter
necessary to provide an efficient and
adequate fire department, consistent
with our ability to pay, and the
fire insurance exchange requirements.
At a subsequent special town
meeting held on June 28, 1928 $500.00
was appropriated for the expenses
335
of this Committee.
Under date of May 8, the Town
Clerk advised that the Moderator had
under Article 4 appointed the following
committee:
Charles J. Daily
James G. Robertson
Edward H. Gibson
Albert B. Tenney
Edward H. Mars
Under date of May 14, the Committee
met and organized as follows:
Albert B. Tenney, Chairman
James G. Robertson, Secretary.
Since that date the Committee
has held 17 regular meetings and
many conferences.
The Committee feels itself extremely
fortunate in having been able to
secure the services of Peter E. Walsh,
Esq., Ex-Chief of the Boston Fire
Department, whose training and
experience well qualifies him as a
practical fire-fighter and a
competent advisor.
His services have been supplemented
by the New England Insurance
Exchange, through its representatives Mr.
P. C. Charnock, Engineer and Mr. W. H.
Merchant, Assistant Engineer, formerly
Captain in the New Bedford Fire
Department.
In conjunction with these men,
Metcalf & Eddy, expert Water and Sewer
Engineers have studied the water
system for the Board of Selectmen
and Public Works.
Acknowledgment of the valuable
service rendered by these men is
herewith recorded, as well as that
of Mr. Eugene C. Theetman, Fire Com[missioner]
336
[Commissioner] of the City of Boston, Captain
James W. Ryan, Engineer of the motor
apparatus of Boston, Mr. James T. Ball,
former consulting architect of the
Boston Department, Mr. Edward H.
Fenton, Acting Director of State accounts
Mr. W. E. Dorman, Counsel for the
Massachusetts Senate, Mr. George C. Neal,
State Fire Marshall, Mr. W. S. Seamman
of our Department of Public Works, Mr.
Ross of of the Water Department, Mr.
Gorman, Forest Warden, our Board of
Engineers, Messrs. Buttrick, Hooper and
Taylor, Mr. George E. Robinson of Boston,
an architect skilled in the design of
fire houses, Mr. Charles E. Beadrey of
our Town, who aided the Committee
in making maps, Mr. Louis Bills,
Superintendent of Wires, Mr. Sydney R.
Wrightington, Town Counsel, the
officials of the Arlington Fire Department
who have rendered valuable service
in training our fire department since
this inquiry started and Mr. H. P. Allen
who acted as Clerk of the Committee.
The Committee in its work visited
the fire departments in the Towns
of Billerica, Danvers, Amesbury, Arlington,
Ashland, Stoughton and the City of
Gloucester.
In the years past inspections have
been made by the New England
Insurance Exchange - the last in
1920.
Different Committees and Water
Boards have studied the water problems.
Never before to our knowledge
have the problems of the Board
of Selectmen and Public Works
337
the Fire Department and the Water
Department been studied jointly.
Perhaps it may be safely said
that a similar opportunity never presented
itself. So rapidly has our Town
grown that we have not noticed
the demands that are made upon
these departments.
As a result of our studies we beg
to report as follows:
In order to provide an adequate
and efficient fire department consistent
with our ability to pay and the
Fire Insurance Exchange requirements,
we recommend -
1. The purchase of a 750 gallon
comination pump. That no more
permanent men be added to the
force at present.
2. That the present apparatus
and equipment which is inadequate
be supplemented and the fire
alarm system which is deficient, be
completely overhauled, modernized and
extended
3. That the proper number of permanent
men cannot be determined
until a skilled permanent chief has
been appointed and given time to
reorganize the present force.
That arrangements should be made
to send all the permanent men to
the Boston Fire Training School.
Prior to this inquiry drills were
held so infrequently as to be of no
value; since these drills have been
held and the efficiency of the form
somewhat improved.
4. That while it is possible to
338
consolidate the two fire houses, it
is not advisable to do it.
5. Is answered in the previous paragraph.
6. The employment of a permanent
Chief, one who is a graduate of the
Boston Fire Training School, and
who has no other business interests
directly or indirectly, in order
that he may devote his full time
and interest to the welfare of the
Citizens. The Chief to co-operate
with the Board of Selectmen in
carrying out the recommendation of the
New England Insurance Exchange
and Chief Walsh as contained in
their reports filed with the Town
Clerk. No inconsistent with the
general recommendations contained
herein.
7. The present organization consists
of a Board of Engineers appointed
annually by the Board of Selectmen.
This Board of Engineers has full control
of the department subject only to the
vote of the Town.
The present Call Chief presumably
under the Acts of 1916 and 1917
previously accepted by the Town,
holds his position indefinitely
subject to removal only by the
Selectmen.
8. That additions to our present water
system be made to meet the recommendations
of the New England Insurance
Exchange, Chief Walsh, and Metcalf and
Eddy, Engineer employed by the
Selectmen to study the water
and sewer problems of the Town.
9 - That the following additional
339
suggestions be adopted:
(1) That two new fire stations be
built and the present ones
abandoned.
(a) A new 3-door headquarters
on Bedford Street on land
to be bought for that purpose.
(b) A new 2-door bungalow type
to be built on the present
site at East Lexington.
(2) In addition to the 750 gallon
pump mentioned in recommendation
No 1, the following
apparatus be purchased.
(a) A forest fire wagon and
portable pump.
(b) A car for the permanent Chief.
(c) The necessary auxiliary fire
fighting equipment recommended
by the New England Insurance
Exchange and Chief Walsh.
(3) Hose No. 2 be discarded and
removed.
(4) The Knox pumper be constructed
to serve as a hose wagon.
(5) The fire alarm system be rebuilt and
extended.
(6) All ratings of officers be abolished
thus giving the permanent Chief
freedom in reorganizing the department.
(7) A By-Law be adopted similar
to the Statute which provides that
cities, other than those under the
two platoon system shall excuse
its permanent firemen from
duty one day in five without
loss of pay.
(8) That the town accept Secs. 42-44
of Chapter 48 of the General Laws
340
thereby substituting for a fire department
under the control of a board of Engineers,
a fire department under the control
of an Officer to be known as the
Chief of the Fire Department, the Chief
to be appointed by the Board of
Selectmen. By accepting Sections 42-43-44
the Chief shall then act as Forest
Warden.
(9) Each member of the force, permanent
or call be examined physically by the
Doctor of the Board of Health to determine
his fitness for the work.
(10) Civil Service Statutes relating to
fire departments be adopted by the
Town, when all our present permanent
firemen under 50 years of age have
successfully completed the training
course of the Boston Fire Department
in a Manner acceptable to the
permanent Chief, and have passed
a satisfactory physical examination.
(11) Hereafter all candidates for
permanent positions in the force:
(a) First pass a satisfactory physical
examination.
(b) be placed on a six months'
probation, during which time they
shall complete a course in the
Boston Fire Trainin School.
(c) the first year be paid at the rate
of $1500 per annum
(d) after that be advanced at the rate
of $100 a year until they reach $2,000.
(e) Lieutenants be paid $2,100 a year
and captains $2,200.
(12) Abolish all call officers
(13) Maps be made and hung on
the walls of the Fire Houses.
341
showing locations and sizes of
water mains and hydrants and
fire alarm boxes.
(14) A closer contact he established with
the Water Department so that
information relating to hydrants,
tests, pressures, etc. May be
common knowledge in both
departments.
(15) All permanent and call men be
trained in first aid, particularly
prone pressure method of resuscitation
by a qualified teacher.
(16) The New England Telephone and
Telegraph Company be asked to
arrange its operations so that calls
intended for the Bedford department
be sent there, rather than
Lexington and for any other
suggestions, and for any other
suggestions that they can offer for
improvement in this essential
service.
(17) Drills be held regularly at least
once a month and call men as
well as permanent men be required
to attend and drill so that each
may be familiar with every
operation.
(18) All purchases for the Department
be made through the Board
of Selectmen and the Superintendent
of Public Works.
(19) The Inspector of Wires, in cooperating
with the permanent
Chief, have full charge of
the maintenance of the Fire
Alarm System responsible to
the Selectmen, and that as
342
soon as possible this office be made
a full time position.
(20) The Chief of the department take full
advantage of the Metropolitan Fire
District regulations to prevent fires.
(21) All laws relating to fire departments
and fire prevention be kept on
file at headquarters so to be
available to all numbers of the
force.
(22) Proper rules and regulations governing
the conduct of the men and core
of apparatus and their general duties
at fires and in the station houses
be adopted, printed and placed in
the station hands of each
member of the department.
We have been advised by Mr. Waddell,
Director of Accounts of the State Department
of Corporation and Taxation, that bonds
may be issued for all of these expenditures
and the following table is
submitted as a suggestion for yearly
maturities:
Table Showing Estimated Costs and
Period of Bonding.
| | Estimated Cost | |
| East Lexington House | $20,000 | |
| Headquarters | 60,000 | |
| Land | 5,000 | $85,000 Bonds to run 20 yrs |
| New Fire Alarm | $20,550 |
| New Pumper | 12,000 |
| Forest Fire Wagon | 2,500 |
| Chief's Car | 1,000 |
| Miscellaneous | 3,000 | $39,050 Bonds to run 5 yrs |
| Total for Fire Department | $124,050 |
| Water System | 276,000 | $276,000 Bonds to run 20 yrs |
| Total Bonds | $400,050 |
343
The following table shows the years
in which the money would probably be spent:
| Lexington House | 1929 | 1930 | 1931 | 1932 | 1933 | 1934 | 1935 | Total |
| East Lexington House | $20,000 | | | | | | | $20,000 |
| Headquarters | 60,000 | | | | | | | 60,000 |
| Land | 5,000 | | | | | | | 5,000 |
| New Fire Alarm | 15,094 | 1739 | 1239 | 1239 | 1239 | | | 20,550 |
| New Pumper | 12,000 | | | | | | | 12,000 |
| Forest Fire Wagon | 2,500 | | | | | | | 2,500 |
| Chief's Car | 1,000 | | | | | | | 1,000 |
| Miscellaneous | 3,000 | | | | | | | 3,000 |
| | 118,594 | | | | | | | $124,050 |
| Water | 38,200 | 40,000 | 39560 | 39560 | 39560 | | | 276,100 |
| | $156,794 | | | | | 39560 | 39560 | $400,000 |
The Chairman of the Appropriation
Committee has advised us that
the town's financial condition is
such that the foregoing expenditures
can be made without exceeding
the debt limit.
Respectfully submitted,
Albert B. Tenney, Chairman
James G. Robertson, Secretary
Charles J. Dailey
George H. Gibson
Edward H. Mara.
Discussion.
It is a matter of keen regret that the
cost of printing the reports of the New England
Insurance Exchange, Chief Walsh Metcalf & Eddy
and other data is so great that we did not feel
warranted in insuring this expense.
Consequently we will file these papers on which
our conclusions have been based with the
Town Clerk, those wishing more detailed
information than continued herein are
respectfully referred to them.
Extracts from the foregoing reports are
344
quoted herein.
Schedules are attached hereto showing an
analysis of our Fire Department Comparisons
with other municipalities, copies of delegation
of power by the State Fire Marshall to
the Chief of the Lexington Fire Department
and Sec. 42, 43, and 44 of Chapter 48 of
the General Laws, etc.
In all of the municipalities which the Committee
visited, with the exception of Amesbury, the
department is supervised by either a permanent
or a permanent deputy chief. The general
appearance of these buildings is most excellent.
To be sure while most of them are new, the
neatness, cleanliness, orderliness and discipline
are in strong contrast to ours.
We did not have an opportunity in our
visits to witness any fire drills, so we could
not compare their efficiency in this respect
with our own. For this we feel justified in
depending upon the reports of the New England
Insurance Exchange and Mr. Walsh.
In this connection Mr. Walsh says in part:
"I think it would be sufficient to say
without going into detail that the whole Depart-
ment gave an exhibition of its ability in
handling the equipment at which a grave
lack of training was demonstrated. This
situation can be easily remedied by sending
men to the Boston Drill School. A request
to the fire commissioner would probably result
favorably.
"There appear to be no permanent rules
and regulations to govern the conduct of
the members either in quarters or at fires.
A code of rules is very desirable towards
promoting efficiency.
A Call Captain is in charge of the
ladder company. Like the case of the
345
call deputy chief, (mentioned in the
full report to be filed in the Town
Clerk's office) this is all wrong. A permanent
officer should have charge of this most
important company and in the absence
of an officer a permanent private should
be placed in charge. (Mr. Walsh feels
that a permanent private should have by
training and experience greater ability to
fight fires than a call officer; if this
is not so it should be so, particularly
if the men had proper training).
"That as often as the strength of the
department will permit a permanent officer
or private be detailed to inspect manu-
facturing and mercantile buildings, schools,
churches, garages, etc., for the purpose of
fire prevention.
"The Chief being a Call Chief cannot measure
up to the permanent chief because other
business will not permit him to keep
in touch with all the doings of the
department.
"The Fire Chief who has no business to
perform daily other than looking after his
men, apparatus and equipment, both in
quarters and at fires, is without doubt
better qualified to render a good account of
himself in times of emergencies. This is
true no matter how well intentioned the
call chief may be.
"That a new Fire Department head-
quarters be erected to house all the
apparatus in town as well as all the
permanent members."
Chief Walsh makes sixteen recommendations,
many of which should have been ac
complished in the usual course of
Fire Department operations; the balance
346
would have required action by voters.
The New England Insurance Exchange
says in part: --
"The Department is poorly organized
in that there are no full time chief
officers and an inadequate number of full
paid officers and men. The Chief and
Assistant Chiefs devote only a portion of
their time to the Fire Deaprtment service,
therefore, good supervision of department
affairs in general suffers, and it is highly
probable that efficient fire fighting is
retarded by delays attending their response
or their absence at fires. The number
of companies is sufficeint but in some
instances the apparatus is not of the
proper type.
"Engine capacity is somewhat deficient;
the single pumper available and of value
is of satisfactory size and in good
condition; operators are ample in number
but with few exceptions have had
little practicable experience in pump work.
"Discipline could be improved by the
adoption of suitable rules for the gov-
ernment of the Department, their rigid
enforcement and the keeping of proper
records of service; the lack of adequate
full paid officers and large precentage
of call members are factors tending towards
deficient control.
"Drills and training are so irregular
and infrequent as to be of little practical
value and their scope limited by
defeciencies in facilities and the lack of
a drill-master to provide for uniform
instruction.
"During test manoeuvers the work
of individual officers and men as
347
well as company organization indicated
the urgent necessity of the appointment
of a competent official to conduct drills
which should be frequently and regularly
held if satisfactory results are to be obtained.
"Fire methods are only fairly efficient,
considering the normally under-named
condition of the companies, some deficiencies
in equipment and the serious lack of
training in modern methods.
"Building inspection work could be
improved by a systematic use of members of
the full paid force employing a proper
form for reports, preferably accompanied
by sketches, which practice would not only
permit of the correction of hazardous
conditions, but would familiarize the
department with structures and occupancies,
and add to the general and specific
knowledge essential to successful fire
fighting.
"Records of fires are fairly complete, but
other important department matters are not
generally reported."
Building Inspections.
In this matter the New England Insurance
Exchange's engineer says:
"The Department inspection work is practically
limited to the efforts of one officer who
makes regular monthly visits to all mercantiles
and is at times accompanied by the Chief
Notes of Conditions are made but the use
of approval forms adapted and formerly
used for this work have been discontinued.
The Chief has sufficient delegated power
to correct hazardous conditions whenever
drastic action is necessary. Records
are kept of the number of visits and
of conditions in general but are
348
unsatisfactory as to type and incomplete;
no data appears as to any necessary
follow-up action of the department
to ensure correction of existing hazards.
There is no municipal collection of refuse
material or garbage." *
Fire Hose.
In this matter the Insurance Exchange says:
Hose -- Hose is all of the 2 1/2 inch
size, double jacket cotton rubber lined,
purchased under usual manufacturer's
guarantee much of which was purchased
within the past five years. The total
amount in service is 6900 feet. Each
hose carrier has 1000 feet on the apparatus
and is provided with a complete spare
shift in quarters, usually rolled and
stacked on floor. No record of the actual
service of hose is kept. All hose is said
to be tested annually but the method
followed is unsatisfactory. Tests conducted
under the supervision of the Exchange
showed that practically all hose is
capable of withstanding a pressure of 200 pounds.
Hose on apparatus is not regularly shifted
if not used at fires. Couplings of this and
neighboring municipalities are of the usual
screw type and conform to national Standard
dimensions. *Since the Insurance Exchange
made its inspection the Town has voted to collect
garbage.
A special test of the fire hose was
made and of this text the Exchange says:
"Of the total of 7000 feet of hose in active
service, all but two lengths were
subjected to a pressure of 200 pounds per
square inch of the two lenghts, one
was not tested due to its obvious
poor condition. The other was found
349
under hydrant pressure to be porous
and was not further tested: -- yet the
strength of a chain is no greater than
its weakest limb.
Water System.
Of the Water Department, the New England
Insurance Exchange engineer says in part:
"Organization and personnel well
arranged and experienced. Emergency
provisions ample but suitable facilities
for receipt of fire alarms not provided
and regular response to fires not designated.
Records mainly good but lack some details
and could readily be made more
convenient in form. The source of supply
is reliable and ample but service is
limited by the capacity of a single
supply line with a normally closed
emergency connection of relatively small
value. Pumping capacity is adequate,
pumps in good condition and equipment
generally well maintained; continuous
service provided. Elevated storage small
and due to limiting capacity of supply main
in connection with consumption is not
maintained at full capacity, resulting in an
appreciable drop in pressure throughout the town.
The limitation in carrying capacity of the
supply line may be accounted for somewhat by
the interior condition of this pipe and possibly
to a partly closed value. Pressures while
satisfactory for domestic service are not well
maintained under fire flow and tests indicate
that the total available fire flow to the
principal mercantile districts is too small
to provide the protection desirable; in the
remainder of the town the distribution
system cannot, in general; deliver required
quantities for fire protection even at
SCHEDULE F . ate,,
TOWN OF LEXINGTON . a)
Vacations ; Pensions , Days Off , Etc . 00
y Civil Service , Schools , Drills , Etc .
Civil Service Law Training Reciprocal
Vacations Pensions Sick Leave Days Off Ps Adopted School Drills Help.
Watertown 1 2 Weeks Yes Yes 2 Platoon Yes Yes Twice a year Yes
System 6 weeks period
Arlington 2 Chief hap According Chief Chief No 16- 30 Days Continuously With 5 towns
charge to law . Boston 2 Masters and cities
Own drill tower
Belmont 3 2 Weeks General Law Left to Left to Chief Yes No Once a month Yes
Chief
Winthrop 4 2 Weeks 4 Pay With pay 2 Platoon Yes No .No Yes
System
Milton 5 2 Weeks 4 Pay Yes 2 Platoon Yes Yes , Boston In summer Yes
System
Braintree 6 2 Weeks Yes No 1 in 5 No Yes , Boston 2 Weeks , call Yes
24 Drills , year
Norwood 6 2 `leeks Chan . 32 1 in 5 Yes , excepting No Weekly Yes
Sec . 85 Chief
Dedham 8 2 Weeks Yes No rule 1 in 5 Yes No Once a week
in May & June
Saugus 9 -- Yes No No Yes
Danvers 10 2 Weeks No No 1 in 6 Chief only No Monthly Yes
Winchester 11 2 Weeks Yes Yes 1 in 3 Yes No 3 times weekly Yes
Bridgewater 12 2 Weeks None -- - - -- - - --
Stoneham 13 2 Weeks 2 Pay No No No No No Yes
Wellesley 14 2 Weeks Yes Yes 1 in 5 Yes Yes , Boston Monthly Yes
Needham 15 2 Weeks No No set limit 1 in 5 No No Bi -monthly Yes
4 months period
Swampscott 16 2 Weeks i Pay Full pay 1 in 5 Yes No Weekly .• Yes
injury on Duty
2 pay outside
Reading 17 2 Weeks None 2 weeks with 2 Platoon sys . No Yes , Boston Monthly Yes
a
Marblehead 18 2 Weeks Yes p Full pay Every 6th day No No No
No
Hudson 19 e e -- 0 l—
Stoughton 20 2 Weeks 4Pay One month 1 in 6 No No Monthly Yes
Lexington 21 Weeks es Yes 1 in 4 No No * Yes
Concord 22 2 Weeks -- 1 day per week No No Twice a month Yes i
Cheltailford 23 -- - - No No Once a month Yes
May to October
Walpole 24 None None None None No No Monthly Yes
0
-4, r _ 1• - - '
r
Civil Service t
Law as Training Reciprocal
VacQ ti ons Pensions Sick Leave Days Off Adopted Schools Drills Help
Mansfield. 25 2 Weeks No No Monthly Yes
Hingham 26 2 Weeks None None 1 in 7 & every No No Monthly Yes
5th Sunday
* Very infrequently , if at all , prior to June . Since this inquiry some drills have been held under the direction
of the Arlington drill master .
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