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HomeMy WebLinkAbout1957-09-16-STM-min a(' (For Warrant See Warrant Book) SPECIAL TOWN MEETING HELD SEPTEMBER 16, 1957 1-21 Meeting called to order by the Moderator, Charles E. Ferguson, at 8:07 P. M. There were 151 Town Meeting Members present. Invocation offered by Francis D. Garrity, Clergyman, Sacred Heart Church at 8:10 P. M. Town Clerk, James J. Carroll read the warrant for the meeting until further reading was waived by the Moderator. 8:10 P. M. Town Clerk read the Constablets Return for the meeting. 8:10 P.M. Article 1. Norman J. Richards, Vice-Chairman of the Appropriation Committee, presented Appropriation Committee Report for the meeting which was voted to be accepted and placed on file. 8:11 P. M. Article 2. Presented by Raymond W. James, Chairman of the Board of Selectmen. VOTED: That in addition to money already appropriated, the sum of $2,000 be appropriated for Insect Suppression- Wages and Expenses for the balance of the year 1957 and that said sum be provided by transfer from the Excess and Deficiency Account. Carried Unanimously 8:13 P. M. Article 3. Presented by Raymond W. James. VOTED: To accept the alteration and relocation as a town way of Rowland Avenue as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated May, 1957, and to authorize the Selectmen to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, and to appropriate for land acquisition and for construction of said street the sum of $100 and provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:15 P. M. Article 4. Presented by Raymond W. James. VOTED: To establish as a Town way, and accept the layout of as a town way, Eldred Street from the southwesterly sideline of Justin Street to Grove Street, a distance of 1330 feet more or less, as shown on a plan on file in the office of the Town Clerk, dated May, 1957, and to authorize the Selectmen to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, and to appropriate for land acquisition the sum of $350 and provide for payment there- of by transfer from the Excess and Deficiency Account. 8:16 P. M. General discussion. Joseph D. Brucchi moves that Article be "laid on table." To lay on table declared lost by voice vote. 8:22 P.M. Main motion as presented voted on and carried unanim- ously. 8:25 P. M. Article 5. Presented by Raymond W. James. VOTED: That the Selectmen be and hereby are authorized to construct a street over town land from Waltham Street to land now of Ernest J. Corrigan and formerly of Lex- ington Estate Trust pursuant to a written agreement be- tween the Town and said Lexington Estates Trust dated September 22, 1947, that was entered into under the auth- ority of a vote adopted on September 29, 1947, under article 6 of the warrant for that town meeting and that the sum of $15,.000.00 be apo ri ed�--ffor u h c tt and be provided by transfer dram e�xces �ar_d $ne� c �YS Account. Carried Unanimously 8:28 P. M. g Article 6. Presented by Raymond � F W. James. VOTED: That the Board of Public Welfare, however from time to time constituted, is hereby authorized to execute in the name and on behalf of the Town instru- ments taking and discharging liens under Section 4 of Chapter 118A of the General Laws, as now or hereafter amended, and is further authorized in its discretion to delegate such authority to its welfare agent, and that all such instruments heretofore executed by said Board or its welfare agent are hereby ratified and confirmed. Carried unanimously 8:30 P. M. Article 7. Presented by Lincoln P. Cole, Jr. VOTED: That the School Street School Building Committee, appointed under the authority of the vote adopted under Article 10 of the warrant for the Special Town Meeting held on October 5, 1953, be and hereby is authorized on behalf of the Town to enter into a contract or contracts for the construction, original equipping and furnishing of an addition to the Maria Hastings School building and to supervise the carrying on of the work; and that the sum of $107,500.00 be and hereby is appropriated for such construction, original equipping and furnishing, and that payment be provided by the transfer of $2,500.00 from the unexpended balance of the appropriation voted for said Committee, for plans and specifications for said addition, under Article 38 of the warrant for the 1957 annual town meeting, and the issue of bonds or notes of the Town for the balance of $105,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $105,000.00 under the authority of Chapter 645 of the Acts of 1948, as amended, and to issue bonds or notes of the Town therefor to be payable in accordance with the provisions of Chapter WI of the General Laws, as amended, within a period not exceeding twenty years. Carried Unanimously 8:32 P. M. Article 1. Alfred P. Tropeano read Report of Maple Street School Building Committee as follows: REPORT OF THE MAPLE STREET SCHOOL BUILDING COIThJIITTEE (Harrington Elementary School) The Maple Street School Building Committee was app- ointed by the Moderator following a special Town Meeting of October 5, 1953. The Committee was authorized to obtain preliminary plans and specifications, and the stun of $10,000 was appropriated therefore. At the special Town Meeting of November 22, 1954, the sum of $733,000 was appropriated to construct, equip, and furnish an elementary school in accordance with the plans and specifications. The Committee engaged the architectural firm of Leland and Larsen; later the firm name was changed to Leland, Larsen, Bradley & Hibbard. The low bidder was G. L. Rugo and Sons, Inc. to whom the General Contract was awarded. The school, by vote of the School Committee,, has been named the Harrington School. The construction of the school has been completed and it has been equipped and furnished in accordance with the plans and specif- ications and the vote under Article 2 of the special Town Meeting of November 22, 1954. The school has been acc- epted by the School Committee. The following sums have been appropriated and expended - Total appropriation for preliminary plans and for construction, equipment and furnishings $743,000.00 Total amount paid to date 695,381.20 Balance on hand $ 47,618.80 60 Article 1. REPORT OF THE MAPLE STREET SCHOOL BUILDING COMMITTEE (Cont.) (CONT.) The General Contractor has filed a claim for an alleged extra in the amount of $3,795.00 which claim the Committee through Town Counsel has disputed and the same is now in arbitration. The Committee is of the opinion that it should be empowered to expend $43,000 of the $47,618.80 balance towards the construction, equipping, and furnishing of the addition to the Harrington School. Respectfully submitted, Jason H. Woodward Ralph H. Tucker Richard P. Cromwell Thornton S. Cody, Secretary Alfred P. Tropeano, Chairman Voted to be accepted and placed on file. 8:35 P. M. Article 8. Presented by Alfred P. Tropeano. VOTED: That the Maple Street School Building Committee, appointed under the authority of the vote adopted under Article 11 of the Warrant for the Special Town Meeting held on October 5, 1953, be and hereby is authorized on behalf of the Town to enter into a contract or contracts for the construction, original equipping and furnishing of an addition to the Harrington School Building and to supervise the carrying on of the work; and that the sum of $121,152.00 be and hereby is appropriated for such construction, original equipping and' furnishing and that payment be provided by the transfer of $2,500.00 from the unexpended balance of the appropriation voted for said Committee, for plans and specifications for said addition, under Article 39 of the warrant for the 1957 Annual Town Meeting; the transfer of 539,000.00 from the unexpended balance of the appropriation for the construction, orig- inal equipping and furnishing of the Harrington School building voted under Article 2 of the warrant for the Special Town Meeting held on November 22, 1954, the transfer of $4,006.50 from the unexpended balance of the approp- riation for preliminary plans and specifications for said Harrington School building voted under Article 11 of the warrant for the Special Town Meeting held on October 5, 1953, the transfer of $645.50 from the Excess and Def- iciency Account, and the issue of bonds or notes of the Town for the balance of $75,000.00 and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $75,000.00 under the authority of Chapter 645 of the Acts of 1948, as amended, and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, As amended, within a period not exceed .twenty years. Carried Unanimously 8:40 P. M. Article 9. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for school and playground purposes or for access thereto, the fee, any easement or other interest in any part or parts or all of the following parcels of land situated in Lexington: 1. A parcel situated at or near the intersection of Hancock and Burlington Streets believed to be owned by Freeman M. Gray and Stella L. Gray, which is shown. as Lot D on a plan entitled "Plan of Land in Lexington, Mass." dated December 22, 1950, L. G. Brackett & Co. Civil Engineers, recorded,in Middlesex South District Registry of Deeds as Plan No. 301 of 1951 in Book 7716, Page 87. Article 9. 2. A parcel of land situated on Burlington Street be- (Cont. ) lieved to be owned by Robert S. Ives and Anne Ives and shown on the aforesaid plan as Lot C. 3. A parcel of land abutting on and situated north- easterly of the aforesaid Lots D and C and believed to be owned by John H. Millican. and that the unexpended balance of the sum of $65,000.00 appropriated for acquisition of land for school and playground purposes in the vote adopted under Article 17 of the warrant for the Special Town Meeting held on November 19, 1956 be and hereby is made available for such land acquisition. Carried Unanimously 8:45 P. M. Article 10. VOTED: To accept grants for educational purposes from the Ford Foundation in the amount of $40,000.00 and from Presented the A.D.L. Foundation in the amount of $10,000.00, and by any additional amounts that may be donated by said Mildred Foundations, and to authorize the School Committee to B. expend all such sums for such purposes. Marek Carried Unanimously 8:49 P. M. Article 11. Presented by Raymond W. James. VOTED: That the Selectmen be and hereby are authorized to purchase in the name of the Town the eight voting machines now held under lease and that the sum of $11,160.00 be appropriated therefor, and that they be and hereby are further authorized to lease sixteen additional voting machines and that in addition to money already appropriated, the sum of $1,640.00 be approp- riated for Selectmenis Department- Elections, for the balance of the year 1957, and that said sums be provided by transfers from the .Excess and Deficiency Account. Carried Unanimously 8:51 P. M. Article 12. Presented by William E. Maloney. VOTFn: That the sum of $4,100.00 be and hereby is app- ropriated as a supplementary appropriation to be used in conjunction with and in addition to the sum of $281,000.00 already appropriated under Article 30 of the warrant for the 1956 Annual Town Meeting for the con- struction, original equipping and furnishing of an additional town office building, and that payment be provided by the transfer of $4,100.00 from the Excess and Deficiency Account. Carried Unanimously 8:54 P. M. Article 13. Presented by Thomas S. Grindle. VOTED: That the Selectmen be and hereby are authorized to purchase or take by eminent domain for playground or recreational purposes a parcel of land situated on North Street containing 10.9 acres more or less and shown on .a a plan entitled "Land of Albert H. Burnham at Lexington's dated May, 1928, E. P. Cutter, C. E. , recorded in Middlesex South District Registry of Deeds in Plan Book 415 as Plan 32, and that the sum of $5,000.00 be appropr- iated therefor and be provided by transfer from the Excess and Deficiency Account. 9 P. M. Norman J. Richards of the Appropriation Committee states Appropriation Committee not in favor. Leland H. Emery moves to "lay on table" which was declared lost by voice vote. 9:01 P. M. Discussion by various speakers. A. Edward Rowse moves for indefinite postponement. 9:23 P. M. 62 Article 13. Discussion by various speakers. (Cont. ) Woodrow W. Sayre moves for the previous question (Main motion) . Motion for the previous question adopted by voice vote. 9:25 P. M. Main motion voted upon and declared carried by voice vote. 9:25 P. M. Selectman, Raymond W. James, declares meeting dissolved. 9:26 P. M. , , ye _ r fi.wn Clerk Chapter 7 .. THE COIJMGi EALTH OF MASSACHUSETTS In the Year One Thousand Nine Hundred and FifLy-eight AN ACT PROVIDING FOR THE SUBNI SSION TO THE VOTERS OF THE TOWN OF LEXINGTON AT TIE ANNUAL ET;F;CTION OF A CERTAIN QUESTION PERTAINING TO AIIENDITENT OF THE ZONING BY-LAW OF SAID TOWN. . Be it enacted b+ the Senate and House of Re.resentatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. For the purpose of ascertaining the will of the voters of the town of Lexington with reference to amendment of the zoning by-law of said town, there shall be placed on the official ballot to be used for the election of town officers to be held on the second Monday in March in the current year the following question:- t"Are you in favor of amending the zoning by-law of the Town to - change land bounding on Spring Street, the Cambridge- Concord Highway (Route 2) and the State Highway Route 128 from a one-family dwelling district to a typeof business district that will enable it to be used for a regional shopping center?" If a majority of those voting on said question vote in favor of such an amendment, it shall be deemed to be the will of the voters that an amendment to the zoning by-law to accomplish such a change be proposed for adoption in the manner required by law. SECTION 2. This act shall take effect upon its passage. House of Representatives, February 11, 1958. Passed to be enacted, John F. Thompson Speaker In Senate, February 12, 1958. Passed to be enacted, Newland H. Holmes President February 12, 1958. Approved, at 5 o °clock and 30 minutes, P.M. Foster Furcolo Governor. Chapter 40 TEE COT14OuNEALTH OF MASSACHUSETTS In the Year One Thousand Nine Hundred and Fifty-eight AN ACT AUTHORIZING THE TOWN OF LEXINGTON TO BORROW MONEY FOR REMODELING, RECONSTRUCTING, NKING EXTRAORDINARY REPAIRS, RE-EQUIPPING AND REFURNISHING ITS JUNIOR HIGH SCHOOL BUIL-DING. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 6ECTION 1. For the purpose of remodeling, reconstructing and making extraordinary repairs to the junior high school building and re-equipping and refurnishing the same, the town of Lexington may borrow, within a period of two years from the passage of this act, such sum as may be necessary, not exceeding six hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Lexington School Remodeling Loan, Act of 1958, and such loan shall be paid in not more than ten years from its date. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as herein provided, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof. SECTION 2. This act shall take effect upon its passage. House of Representatives, January 21, 1958. Passed to be enacted, John F. Thompson 1 Speaker In Senate, January 21, 1958 Passed to be enacted, Newland H. Holmes President January 27, 1958. Approved, at 10 o 'clock and 5 minutes, A.M. Foster Furcolo Governor.