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HomeMy WebLinkAbout1959-03-16 ATM-min 1.60 ANNUAL TOWN MEETING HELD MARCH 16, 1959 Meeting called to order by the Moderator, Charles E. Ferguson at 8:03 P. M. There were 188 Town Meeting Members present. Invocation offered by Rev. Miles R. McKay from the Follen Church. 8:03 P. M. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading was waived. 8:04 P. M. Town Clerk, James J. Carroll, read the Constable' s Return for the meeting. 8:04 P. M. - Article 2. Norman J. Richards, Chairman of the Appropriation Committee, presented report of said committee which was voted to be accepted and placed on file. 8:06 P. M. Donald P. Noyes presented report of the Capital Expenditures Committee which was voted to be accepted and placed on file. 8:06 P. M. Unless otherwise noted, all articles presented by William E. Maloney, Chairman of the Board of Selectmen. Article 3. VOTED: That a Committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried Unanimously 8:07 P. M. Article 4. VOTED: That the following amounts be appropriated for the current year and be raised in the current tax levy except where a transfer is indicated they shall be provided by such a transfer. —,i Selectmen' s Department Personal Services $ 10,095.00 Expenses 3,)019.00 Printing Town Report 2,206.00 Elections 4,851.00 Insurance 46,000.00 8:07 P. M. Town Clerk & Treasurer' s Department Personal Services 8,985.00 Expenses 551.00 Elections 475.00 Vital Statistics 30.00 Parking Meter Maintenance 100.00 (This amount to be transferred from the Parking Meter Fund) Out of State Travel 250.00 8:08 P. M. Collector' s Department Personal Services 8,320.00 Expenses 2,895.00 Metered Mail System 5,641.00 8:09 P. M. Trustees of Public Trusts Expenses 325.00 8:09 P. M. 136 Article 4. Accounting Department ( Cont.) Personal Services Expenses 11,204.00 Out of State Travel 550.00 8:10 P. M. 100.00 Assessors' Department Personal Services 17,003.85 Expenses Out of State Travel 1,760.00 8:10 P. M. 100.00 Law Department _ Personal Services 000 00 Special Fees s 4 F , . B 5,000.00 Expenses 8:10 P. M. 2,500.00 Question by David F. Toomey regarding appropriations of the Law Department. 8:08 P. M. Question and suggestion by Vincent A. McCrossen as to the method of presenting the remaining appropriations under Article 4. 8:11 P. M. Question by Woodrow W. Sayre if amendments could be made after all the appropriations under Article 4 were presented. The Moderator answered in the affirmative. 8:14 P. M. Appropriation.: Committee Expenses 1,670.00 8:13 P. M. Board of Appeals Expenses 1,990.00 8:13 P. M. Board of Retirement Accrued Liability 38,233.00 Military Service Fund 58.32 8:14 P. M. Health Department Personal Services 8,595.00 Expenses 8,650.00 Engineering 2,500.00 Animal Inspection 970.00 Rabies Clinic 743.00 8:16 P. M. Veterans' Day Expenses 150.00 8:16 P. M. Memorial Day Expenses 500.00 8:16 P. M. Patriots' Day Expenses 4,000.00 8:16 P. M. Planning Board Personal Services 9,594.00 Expenses 4,350.00 8:17 P. M. Article 4. Recreation Committee (Cont.) $ 11,022.00 Personal Services 1,022.00 Expenses 8:17 P. M. Board of Registrars Personal Services 3,522.00 Expenses 925.00 8:18 P. M. Police Department Personal Services 179,264.09 Expenses 16,995.00 Out of State Travel 25.00 Parking Meter Maintenance 4,000.00 (Of which $150 is to be transferred from the Parking Meter Fund) 8:18 P. M. Dog Officer Personal Services 400.00 Expenses 650.00 8:18 P. M. Fire Department Personal Services 192,220.00 25,685.00 Expenses 500.00 Ambulance 8:19 P. M. Forest Fires Wages & Expenses 500.00 8:19 P. M. Capital Expenditures Committee Expenses 350.00 8:19 P. M. Historic Districts Commission 700.00 Expenses 8:19 P. M. Standing chool Building, Committee Expenses 750.00 8:19 P. M. Inspection Department Personal Services 15,927.00 Expenses 1,745.00 of State Travel 100.00 8:19 P. M. Wei hts & Measures Personal Services 1,150.00 Expenses 545.00 8:20 P. M. Public Works, Suptts. Office Personal Services 29,640.00 Expenses 1,770.00 8:20 P. M. 138 Article 4, Engineering Department rr (Cont.) Personal Services $ 32,069.00 r) Expenses • 1,470.00 8:20 P. M. Town Offices & Cary Memorial Bldz. Personal Services 12,237.00 Expenses 31,514.00 8:20 P. M. Public Works Building Wages & Expenses 28,300.00 8:21 P. M. Highway Maintenance Wages & Expenses 76,150.00 8:21 P. M. Highway Department - Road Machinery Wages & Expenses 32,350.00 (Of which $24,175.00 is to be transferred from the Road Machinery Fund) 8:21 P. M. Snow Removal Wages & Expenses 75,000.00 8:21 P. M. Traffic Regulation & Control Wages & Expenses 5,887.00 8:21 P. M. Street Lights Expenses 50,000.00 8:21 P. M. Street Signs Expenses 1,000.00 8:21 P. M. Sewer Maintenance Wages & Expenses 14,490.00 8:21 P. M. Sewer Services • Wages & Expenses 42,500.00 8:21 P. M. Garbage Collection Expenses 21,225.75 • 8:21 P. M. Care of Dumps & Removal of Ashes Wages & Expenses 18,800.00 8:22 P. M. Water Maintenance Wages & Expenses 73,500.00 8:22 P. M. Water Services Wages & Expenses 40,125.00 8:22 P. M. 189 Article 4. Parks (Cont.) Wages & Expenses 48,500.00 Recreation Maintenance 4,200.00 8:22 P. M. Insect Suppression Wages & Expenses 8,000.00 8:22 P. M. Shade Trees Wages & Expenses 17,725.00 8:22 P. M. Dutch Elm Wages & Expenses 13,600.00 8:22 P. M. School Operation Personal Services 1,742,184.00 Expenses 414,163.00 Out of State Travel 1,475.00 Athletics 25,829.00 Americanization Classes 235.00 Vocational Education - Tuition 13,000.00 Handicraft Classes 8,536.00 8:23 P. M. Dental Clinic Personal Services 6,490.00 Expenses 766.00 8:23 P. M. Posture Clinic Personal Services 1,856.00 Expenses 300.00 8:23 P. M. Cary Memorial Library Personal Services 77,000.00 Expenses 25,10!7.00 (In addition to the amount of $2,753.00 received from the County for Dog Licenses) Public Welfare Personal Services 8,737.00 Administration 625.00 Aid & Expenses 12,500.00 8:23 P. M. Disability Assistance Aid & Expenses 13,760.00 8:23 P. M. Aid to Dependent Children Aid & Expenses 5,000.00 8:24 P. M. Old Age Assistance Aid & Expenses 94,000.00 8:24 P. M. 140 Article 4. Veterans' Benefits (Cont.) Personal Services $ 2,235.00 Administration 335.00 Aid & Expenses 9,000.00 Soldiers' Burials 250.00 8:24 P. M. Cemetery Department _ Personal Services 4,365.00 Expenses 30,038.00 (Of which $2,000.00 is to be transferred from the Perpetual Care Fund - Westview Cemetery; and $1,500.00 is to be transferred from the Perpetual Care Fund - Munroe Cemetery) 8:24 P. M. Payments on Debt Interest 226,704.25 (Of which $126,704.25 is to be transferred from the Excess and Deficiency Account) 8:25 P. M. Principal (Of which $7,000.00 is to be transferred 704,000.00 from the Parking Meter Fund) 8:25 P. M. Under Planning Board Expenses the following amendment was offered by Norman J. Richards, Chairman of the App- ropriation Committee: "Appropriation Committee moves that Article 4 be amended under that Section entitled Planning Board - Expenses - To be amended to read $3,850.00." Amendment voted on and declared lost by voice vote. 8:29 P. M. Under Historic Districts Commission ss on ExP enses the following amendment offered by Woodrow W. Sayre: "That the sum of $700.00 recommended for the Historic Districts Commission for 1959 be deleted," Vincent A. McCrossen makes motion to petition the State Legislature to rescind the Historic Distrists Commission. Harold E. Stevens, Town Counsel, rules motion out of order. Mr. Sayre's amendment was voted on and declared lost by voice vote. . 8:46 P. M. All items under Article 4 _being approved as read, presented by the Moderator as a vote, voted on and carried unanimously by voice vote. 8:46 P. M. Article 5. VOTED: That the Town Treasurer, with the approval of the Selectmen, be and hehereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1960, and to issue a note or notes therefor payable within one year and to renew any note or notes that may be given for a period of less than one year in accordance with Section 17 of Chapter 44 of the General Laws. Carried Unanimously 8:47 P. M. 1.41 Article 6. VOTED: To establish the salary and compensation of the Town Treasurer Town Clerk and Town Collector of Taxes at the following annual rates: Town Clerk $3,500.00 Town Treasurer 3,500.00 Town Collector of Taxes 6,000.00 the increase over the rates established last year to become effective April 1, 1959, and to raise and appropriate therefor the sum of $12,950.00. Carried Unanimously 8:48 P. M. Article 7. Indefinitely postponed. Carried Unanimously 8:50 P. M. Article 8. Indefinitely postponed. Carried Unanimously 8:50 P. M. Article 9. VOTED: To appropriate $25,000.00 for the Reserve Fund and to provide for the payment thereof by a transfer of $13,000.00 from the Overlay Reserve Fund and the balance of $12,000.00 to be raised in the current tax levy. 8:50 P. M. Amendment presented by Paul K. Palmer as follows: "Amended by adding the following sentence: No part of this Reserve Fund may be used for the pay- ment of expenses of the Historic Districts Commission or for legal fees resulting from action of this Commission. Amendment voted on and declared lost. 9:01 P. M. Main motion, as presented, adopted. 9:01 P. M. Article 10. VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1959. Carried Unanimously 9:01 P. M. Article 11. VOTED: That the Selectmen be and they hereby are auth- orized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets or other land as the Selectmen may determine, subjectto the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such in- stallation and land acquisition the sum of $59,800.00, and to provide for payment thereof by the transfer of $4,905.56 from the unexpended balance of the appropriation for the installation of water mains voted under Article 13 of the Warrant for the 1956 Annual Town Meeting and the transfer of $54,894.44 from Water Department Available Surplus. Carried Unanimously 9:03 P. M. Article 12. VOTED: That the Selectmen be and they hereby are author- ized to install a new or replacement water main of 16 inches or more in diameter from Massachusetts Avenue to the new water standpipe in such locations as the Selectmen may determine, and to take by eminent domain, purchase or otherwise acquk'e any fee, easement or other interest in land necessary therefor; and to appropriate for such in- stallation and land acquisition the sum. of $42,000.00 and to provide for payment thereof by transfer of $30,135.85 from Water Department Available Surplus, the transfer of 8;612.00from Water Assessment Fund, and the transfer of $3,252.15 from the unexpended balance of the appropriation for the installation of water mains voted under Article 10 of the Warrant for the 1953 Annual Town Meeting. Carried Unanimously 9:05 P. M. 1 Article 13. VOTED: That the Selectmen be and they hereby are auth- orized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may determine, in accordance with Chapter 501 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $159,300.00 and- that payment be provided by the transfer of 0I)1 ,956.00 from the Sewer Assessment Fund, the transfer of $14,065.83 from the unexpended balance of the approp- riation for the installation of sewer mains voted der er Article 12 of the Warrant for the 1955 Annual Town Meet- ing, the transfer of $50,278.17 from the Excess and Deficiency Account, and the balance of $50,000.00 to be provided-by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $50,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 11)1 of the General Laws, as amended, within a period not exceeding twenty years. Carried Unanimously 9:07 P. M. Article 14. VOTED: That the Selectmen be and they hereby are author- ized to install a sewer main or mains in such locations as the Selectmen may determine from the westerly side of the State Highway, Route 128, to the vicinity of Westview Street, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $300,000.00, and to provide for payment thereof by the transfer of $50,000.00 from the Excess and Deficiency Account, the raising of100,000.00 in the current tax levy and- the balance of $150 ,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treas- urer, with the approval of the Selectmen, be and he hereby is authorized to borrow thesumof $150,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 101 of the General Laws, as amended, within a period not exceeding twenty years. 9:10 P. M. Amendment presented by Austin W. Fisher, Jr. as follows: nI move to amend the motion under Article 14 by striking out beginning with the words - "and to provide for pay- ment" through the end of the motion, and by substituting in place thereof the following: And to provide for payment thereof by the transfer of $50,000.00 from the Excess and Deficiency Account, the raising of $200,000.00 in the current tax levy and the balance of $50,000.00 to be provided by the issue of bonds or notes of. the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $50,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter )1)1 of the General Laws, as amended, within a period not exceeding twenty years. 9:11 P. M. Voice vote on amendment doubted. 9:21 P. M. Article 14. Standing vote taken as follows: 143 (Cont.) In Favor Tellers Opposed 16 Lee E. Tarbox 21 75 Milton F. Hodgdon 2634 �3 Haskell W. Reed 104 81 Amendment Adopted. 9:24 P. M. Voice vote on main motion as amended not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 28 Lee E. Tarbox 6 10 d don 2 g 28 MiltonF. Ho Haskell W. Reed 8 160 - 16 Main motion, as amended, adopted. 9:25 P. M. Article 15. VOTED: That the Selectmen be and they hereby are auth- orhed to retain engineering services and prepare plans for the extension westerly from the vicinity of Watertown Street of the sewer main authorized to be constructed by the vote adopted under Article 16 of the Warrant for the 1958 Annual Town Meeting; and to raise and approp- riate therefor the sum of $15,000.00. Carried Unanimously 9:26 P. M. Article 16. Indefinned. itely rriedoUnanimously .9:27 P. M. Article 17. VOThD: That the sum of $11,010.24 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $8,311.80 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried Unanimously 9:28 P. M. Article 18. VOTED: That the sum of $4,500.00 be raised and appropriated for Chapter 90 highway maintenance. Carried Unanimously 9:25 P. M. Article 19. VOTED: That the sum of $36,000.00 be raised and appropriated for the construction of part of Concord Avenue under Chapter 90 highway construction. 9:29 P. M. Amendment presented by Winfield S. Caouette as follows: "I hereby move, That Article 19 of the Town Warrant be amended by inserting after the word "Laws" in the second line, the following: ". ..provided, however, that so much of the highway maintenance as relates to Concord Avenue from Blossom Street to Waltham Street shall not result in a widening of more than 28 feet of the paved or traveled part of the way." 9:30 P. M. Amendment as presented ruled out or order by the Moderator, Charles E. Ferguson. 9:30 P. M. - Main motion as presented carried unanimously 9:35 P. M. Article 20. VOTED: That the sum of $36,500.00 be appropriated for permanent construction of North Hancock Street and part of Winchester Drive and that payment be provided by the transfer of $13,651.29 from funds received from the State under Chapter 718 of the Acts of 1956, and the balance of $22,848.71 to be raised in the current tax levy. Carried Unanimously 9:37 P. M. 144 Article 21. VOTED: That the Selectmen be and they hereby are auth- orized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall deter- r' Nine, where the abutting owner pays one-half of the cost, or otherwise, and to appropriate therefor the sum of $15,000.00, and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 9:38 P. M. Article_.22. VOTED: That the Selectmen be and they hereby are auth-. orized to install curbings at such locations as they may determine, and to raise and appropriate therefor the sum of $5,000.00. Carried Unanimously 9:40 P. M. Article 23. VOTED: That the sum of $7,000.00 be raised and approp- riated for the improvement of lowlands and swamps in the eradication of mosquitoes, under Section 4A of Chapter 252 of the General Laws. Carried Unanimously 9:40 P. M. Article 24. VOTED: That the Selectmen be and they hereby are auth- - prized to install drains in such accepted or unaccepted streets or other land as they may determine, in accord- ance with Chapter 263 of the Acts of 1926, as amended, or otherwise, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, and to appropriate for such installation and land acquisition the sum of $58,400.00 and to provide for payment by transfer of $28,400.00 from the Excess and Deficiency Account and by raising the balance of $30,000.00 in the current tax levy. Carried Unanimously 9:43 P. M. Article 25. VOTED: To appropriate the sum of $13,825.00 for the pur- chase by or with the approval of the Selectmen of equip- ment for the Department of Public Works and to provide for payment thereof by transfer from the Road Machinery Fund. Carried Unanimously 9:44 P. M. Article 26. VOTED: To enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly . rental for the use of motorized equipment of the Depart- ment of Public Works when used on various projects carried on under the direction of said Department or other De- partments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 9:45 P. M. Article 27. VOTED: That the Selectmen be and they hereby are auth- orized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 9:45 P. M. Article 28. VOTED: That the Selectmen be and they hereby are auth- orized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1960 Annual Town Meeting. Carried Unanimously 9:45 P. M. Article 29. VOTED: That the Selectmen be and they hereby are auth- orized to sell and convey at any time on or before March 15, 1960 the land on Meriam Street known as the Old Fire Station o Site, upon p such terms and conditions as they deem proper. Carried Unanimously 9:46 P. M. Article 30. Presented by Richard H. Soule. 145 Article 30. VOTED: That the Planning Board be and hereby is authorized to obtain options for land or rights therein that it desires to recommend be acquired by the Town as locations for future streets or for. playground and recreational purposes and that the Selectmen be and hereby are authorized on behalf of the Town to acquire by purchase, eminent domain or otherwise, such lands or rights therein for such purposes as are or may be incl- uded in options obtained by the Planning Board; and that funds already appropriated for such options and land acquisition be and hereby are made available for all the purposes hereof. Carried Unanimously 9:48 P. M. Article 31. Presented by Harvey F. Winlock. VOTED: That the sum of $2,000.00 be appropriated for of Westview Cemetery development and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 9:49 P. M. Article 32. VOTED: To raise and appropriate the sum of $2,500.00 for the purchase of a new car for the Fire Department by the Board of Fire Commissioners. Carried Unanimously 9:50 P. M. Article 33. VOTED: That the Selectmen be and hereby are authorized to abandon the easement across land abutting on lot 233 Freemont Street that was granted to the Town by deed of Leeland Construction Co. , Inc. dated November 17, 1958 and recorded in Middlesex South District Registry of Deeds, Book 9273, Page 139; that the minimum amount to be paid for such abandonment shall be 81.00; and that the in- strument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 9:51 P. M. Article 34. Presented by Charles T. Abbott. VOTED: That the action of the Board of Selectmen in accepting on behalf of the Town from Raymond F. Boudreau individually and as Trustee of Rayco Realty Trust a deed dated January 5, 1959 and recorded in Middlesex South District Registry of Deeds, Book 9302, Page 19, conveying Lot 70 Garfield Street to the Town be and hereby is ratified, confirmed and adopted. Carried Unanimously 9:53 P. M. Article 35. Presented by Charles T. Abbott. VO'1'.1J: To ratify, confirm and adopt the action of the Board of Selectmen in accepting on behalf of the Town a deed from George J. DeVries conveying to the Town a parcel of land situated on the northeasterly side of Summer Street and abutting on land acquired from DeVries Construction Company, Inc. for playground, recreEtional and other public purposes, pursuant to the vote adopted under Article 46 of the Warrant for the 1958 Annual Town Meeting; said deed being dated February 28, 1959 and having been registered in Middlesex South District Land Registry as Document No. 340013. Carried Unanimously 9:55 P. M. Article 36. VOTED: To raise and appropriate the sum of $675.00 to be used in conjunction with money appropriated under Article 37 of the Warrant for the 1958 Annual Town Meeting for the purchase of a new ambulance. Declared Carried by voice vote. 10:03 P. M. David F. Toomey doubts the vote. 10:04 P. M. The Moderator asks if decision was doubted by 20 Town. Meeting Members. There were not 20 members that doubted the vote. 10:04 P. M. Motion adopted. 10:04 P. M. 1 46 Article 37. VOTED: That the Selectmen be and hereby are authorizedZZ to purchase the six voting machines now on loan to the town, and. to raise and appropriate therefor the sum of $10,200.00. Carried Unanimously 10:05 P. M. Article 38. Presented by Charles T. Abbott. VOTED: That the Selectmen be and hereby are authorized to purchase, take by eminent domain or otherwise acquire for playground or recreational purposes any or all of the undeveloped land abutting upon the Town land on North Street acquired for such purposes pursuant to the vote adopted under Article 13 of the Warrant for the Special Town Meeting held on September 16, 1957, and including land on both sides of Vine Brook southerly to East Street, and to raise and appropriate therefor the sum of $5,500.00. Carried Unanimously 10:08 P. M. Article 39. Presented by Levi G. Burnell. VOTED: That the Selectmen be and hereby are authorized to purchase, take by eminent domain, or otherwise acquire for a future street location and other public purposes a parcel of land situated on the southerly side of Marrett Road and the northwesterly side of Bacon Street; and that the sum of $3,500.00 be raised and appropriated therefor. Robert M. Coquillette moves for indefinite postponement which was declared lost by voice vote. 10:10 P. M. Main motion as presented voted on by voice vote, but not unanimous so standing vote taken as follows: In Favor Tellers Opposed 33 Lee E. Tarbox 0 104 Milton F. Hodgdon 1 Haskell W. Reed 1 168 2 Main motion, as presented, adopted. 10:11 P. M. Article 40. Presented by Donald T. Clarke. VOTED: That the Standing School Building Committee, appointed under authority of the vote adopted under Article 37 of the warrant for the 1957 Annual Town Meet- ing, be and hereby is authorized on behalf of the Town to retain architectural services and prepare final plans and specifications for the construction, original equip- ping and furnishing of a new elementary school building on the land situated between Grove Street and Robinson Road acquired by the Town for school and playground purposes in 1957, and, after approval of the plans and specifications by the School Committee, to obtain bids therefor; and to raise and appropriate therefor the sum of $50,000.00. Carried Unanimously 10:12 P. M. Article 41. Presented by Gordon E. Steele. VOTED: That the Selectmen be and hereby are authorized to 'purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes a parcel of land, which abuts on the Town land on Lincoln Street now used in part as the site of the Town dump, consisting of such parts of lots numbered 6 to 12 inclusive on plan hereinafter mentioned as are situated northeasterly of a line substantially parallel to and about 300 feet distant from the northeasterly sideline of Middleby Road, said plan being entitled "Plan of Lots owned by Neil McIntosh Lexington Mass." dated January Article 41. 1945, Albert A. Miller, Civil Engineer, recorded in ( Cont.) Middlesex South District Registry of Deeds as Plan No. 236 of 1946, Book 6914.7, Page 202; and to appropriate therefor the sum of 56,000.00 and provide for payment by transfer from the Excess and Deficiency Account. Voice vote not unanimous, so standing vote taken as follows: In Favor Tellers . Opposed 34 Lee E. Tarbox 0 106 Milton F. Hodgdon 2 27 Haskell W. Reed 167 5 Motion adopted 10:20 P. M. Article 42. Presented by Gordon E. Steele. VOTED: That the Selectmen be and hereby are authorized to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes a parcel of land in East Lexington abutting the Lexington- ArlIngton Town line and bounded northeasterly by the rear lines of lots fronting on Aerial Street, the southwesterly end of Sutherland Road and the side line of a lot fronting on Sutherland Road; northwesterly by the rear lines of lots fronting on Tarbell Avenue and on Peacock Farm Road; southwesterly by land of the Common- wealth of Massachusetts and southeasterly by the Lexington- Arlington Town line, and to appropriate therefor the sum of $50,000.00 and provide for payment by transfer from the. Excess and Deficiency Account. Voice vote not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 33 Lee E. Tarbox 4 1011 Milton F. Hodgdon 1 28 Haskell W. Reed. 2 165 7 Motion adopted 10:27 P. M. VOTED: That articles 43 to 51 inclusive be taken up together. Carried Unanimously 10:29 P. M. Article 43, VOTJD: To establish as a town way, and accept the layout of as a town way, Burnham Road from East Street to Emerson-Road a distance of 832' * northerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:29 P. M. Charles T. Abbott states that Planning Board approves all layouts. 10:29 P. M. Article hh . VOTED: To establish as a town way, and accept the layout of as a town way, � p C mton Circle from Peacock Farm Road a distance of 325' - northwesterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959 and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:29 P. M. 148 Article 45. VOTED: To establish as a town way, and accept -the layout of as a town way, Emerson Road from Adams Street a distance of 7891 - southeasterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959 and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:30 P. M. Article 46. VOTED: To establish as a town way and accept the layout of as a town way, Grandview Avenue from School Street to Welch Road a distance of 250' ±easterly as laid out by the Selectmen and shown upon-a plan on file in the office of the Town Clerk, dated January 8, 1959, and to auth- orize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:30 P. M. Article 47. VOTED: To establish as a town way and accept the layout of as a town way, Peacock Farm Road from Watertown Street to Baker Avenue a distance of 3186' ±northerly and easterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:31 P. M. Article 48. VOTED: To establish as a town way and accept the layout of as a town way, Welch Road from Grandview Avenue to Estabrook Road a distance of 740' } easterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:32 P. M. -J Article 49. VOTED: To establish as a town way, and accept the lay- out of as a town way, Linmoor Terrace from North Hancock Street to Crawford Road a distance of 11481 northerly and northwesterly as laid out by the Selectmen and shown upon a planonfile in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:32 P. M. Article 50. VOTED: To establish as a town way, and accept the layout of as a town way, Crawford Road from Preston Road to Linmoor Terrace a distanced' 4531 ± southerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:33 P. M. Article 51. VOTED: To establish as a town way, and accept the layout of as a town way, Laurel Street from Reed Street a dis- tance of 100' ± northeasterly as laid out by the Sel- ectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:34 P. M. VOTED: To raise and appropriate the sum of $1,000.00 for land acquisition and for construction of the ways enumerated in articles 43 to 51 inclusive. Carried Unanimously 10:35 P. M. 149 VOTED: That articles 52 to 57 inclusive be taken up together. Carried Unanimously 10:35 P. M. Charles T. Abbott states that Planning Board approves all layouts. 10:35 P. M. Article 52. VOTED: To establish as a town way, and accept the lay- out of as a town way, Baker Avenue from Butler Avenue to Peacock Farm Road a distance of 1232 ± southwesterly, as laid out by the Selectmen under the Betterment Act, and shown upon a plan on file in the office of. the Town Clerk, dated January 8, 1959, and to authorize the Sel- __ ectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:36 P. M. Article 53. VOTED: To establish as a town way, and accept the lay- out of as a town way, Cummings Avenue from Bow Street to Cliffe Avenue a distance of 3002 t northwesterly, as laid out by the Selectmen undertheBetterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:37 P. M. Article 54. VOTED: To establish as a town way, and accept, the lay- out of as a town way, Homestead Street from Cedar Street to Asbury Street a distance of 10832 ±__southwesterly, as laid out by the Selectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Sel- ectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:38 P. M. Article 55. VOTED: To establish as a town way, and accept the lay- out of as a town way, Leighton Avenue from Bow Street to Cliffe Avenue a distance of 2252 ± northwesterly, as laid out by the Selectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Sel- ectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:39 P. M. Article 56. VOTED: To establish as a town way, and accept the lay- out of as a town way, Rangeway from Skyview Road to Winter Street a distance of 2452 t northwesterly, as laid out by the Selectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:40 P. M. Article 57. VOTED: To establish as a town way, and accept the lay- out of as a town way, Webb Street from Dunham Street a distance of 9751 - northerly, as laid out by the Selectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land necessary therefor. Carried Unanimously 10:40 P. M. 150 VOTED: To appropriate for land acquisition and for construction of the was enumerated in Articles 52 to 57 inclusive,- the sum of $50,890.00, and to provide for payment thereof by the transfer of unexpended balance of the appropriation 9ffor 5street from tcon- struction voted under Articles 47. through 62 of the warrant for the 1956 Annual Town Meeting and the balance of $46,099.05 to be transferred from the Excess and Deficiency Account. Carried Unanimously 10:41 P. M. Article 58. VOTED: To establish as a town footway, a strip of land from Essex Street northeasterly through Lot M and Boston & Maine Railroad property to Valley Roada distance of 230' t as laid out by the Selectmen and shown upon a plan on file in the officeofthe Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary there- for; and to raise and appropriate for land acquisition and for the- construction of said footway the sum of $500. Charles T. Abbott states that Planning Board approves layout. Main motion carried unanimously 10:42 P. M. Article 59. VOTED: To accept the alterations and relocation of a portion of Waltham Street from a point approximately 1400' - northerly of Marrett Road and extending northerly 850' -± as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1959, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary there- for; and to raise and appropriate for land acquisition and relocation the sum of 8100.00. Carried Unanimously 10:42 P. M. Article 60. VOTED: That the Selectmen be and he to release Lot 2 on Land Court lanNo. 25931B thefrm authorized restrictions set forth in a deed given by the o Lexington to Benjamin H. Golini et ux, dated January 10, 1955 and recorded in Middlesex South District Reg- istry of Deeds Book 8400, Page 284, the instrument of release to be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 10:)di P. M. Article 61. Presented by Charles T. Abbott. VOTED: To appropriate 85,000.00 subject to validation by the General Court, to reimburse Mark Moore, Jr. as Trustee of Moore Realty Trust, for the excess money ex- pended by him in constructing a box culvert in Emerson Road to a more than normal width, as required by the Planning Board in its approval of his subdivision plan entitled Burnham Farms Section Two Lexington-Mass." so it would be of adequate size if the Town should decide later to widen the pavement of the road to make it a major traffic road, and to authorize and direct the Selectmen to petition the General Court for such validat- ing legislation; and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 10:46 P. M. It 51. Article 62. Presented by Edward T. Martin. VOTED: To amend the Zoning By-Law by adding at the end of Section 4 (g) A 1-Garden Apartment and Hotel Districts, the following new paragraph (5) : A district on the southeasterly side of Maple Street beginning at & point on the southeasterly side line of said Street at the intersection of land of Robert Chapman and the Town of Arlington, thence running southeasterly by land of the Town of Arlington 743 .7 feet, more or less, to a point; thence turning at an angle and running east- erly by land of the Town of Arlington 367 feet, more or less, to a point at a brook; thence turning at an angle and continuing easterly by land of the Town of Arlington 307.7 feet, more or less, to a point at the intersection of land of the Town of Arlington, land now or formerly of Lexwood Poultry Farms, Inc. , and land now or formerly of Harry D. Hull; thence turning at an angle and continuing easterly by land now or formerly of Harry D. Hull 300 feet more or less to a point; thence turning at an angle and running northerly by land of Lexwood Poultry Farms, Inc. 130 feet more or less to a point; thence turning at a right angle and running westerly by the land of said Lexwood Poultry Farms, Inc., 580 feet more or less, to a point at a brook; thence turning at an angle of 35 degrees 151 more or less and running northwesterly by land of Paul Toed', Inc. , 935 feet more or less to a point on the southeasterly side line of Maple Street; thence turning at a right angle and running in a southwesterly direction along the southeasterly side line of Maple Street 350 feet more or less to the point of beginning. The above describes an area of land approximately 480,000 sq. feet, or 11 acres, more or less. Charles T. Abbott moves that the Planning Board Report be accepted and placed on file. Motion adopted. 11:10 P. M. Voice vote not unanimous on main motion so standing vote taken as follows: In Favor Tellers Opposed 37 Lee E. Tarbox 0 90 Milton F. Hodgdon 6 28 Roy E. Cook 3 155 9 Motion adopted 11:12 P. M. Article 63. Indefinitely postponed. Carried Unanimously 11:12 P. M. All articles being dispensed with, Willi= E. Maloney, Chairman of the Board of Selectmen, moves that meeting be dissolved. So voted. 11:13 P. M. - l 'own Clerk 15 G ATTORNEY GENERAL'S APPROVAL OF ARTICLE 62 AS PASSED AT THE- ANNUAL TOWN MEETING HELD MARCH 16, 1959 Article 62 AS PASSED AT THE ANNUM, TOWN MEETING HELD MARCH 16, 1959 �J Article 62. Presented by Edward T. Martin. VOTED: To amend the Zoning By-Law by adding at the end of Section 4 (g) A 1-Garden Apartment and Hotel Districts, the following new paragraph (5) : A district on the southeasterly side of Maple Street beginning at a point on the southeasterly side line of said Street at the intersection of land of Robert Chapman and the Town of Arlington, thence running southeasterly by land of the Town of Arlington 743.7 feet, more or less, to a point; thence turning at an angle and running easterly by land of the Town of Arlington 367 feet, more or less, to a point at a brook; thence turning at an angle and continuing easterly by land of the Town of Arlington 307.7 feet, more or less, to a point at the intersection of land of the Town of Arlington, land now or formerly of Lexwood Poultry Farms, Inc., and land now or formerly of Harry D. Hull; thence turning at an angle and continuing easterly by land now or formerly of Harry D. Hull 300 feet more or less to a point; thence turning at an angle and running northerly by land of Lexwood Poultry Farms, Inc. 130 feet more or less to a point; thence turning at a right angle and running westerly by the land of said Lexwood Poultry Farms, Inc., 580 feet more or less, to a point at a brook; thence turning at an angle of 35 degrees 151 more or less and running northwesterly by land of Paul Tocci, Inc., 935 feet more or less to a point on the southeasterly side line of Maple Street; thence turning at a right angle and running in a southwesterly direction along the south- easterly side line of Maple Street 350 feet more or less to the point of beginning. The above describes an area of land approximately 480,000 sq. feet, or 11 acres, more or less. -1 Charles T. Abbott moves that the Planning Board Report be accepted and placed on file. Motion adopted. Voice vote on main motion not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 37 Lee E. Tarbox 0 90 Milton F. Hodgdon 6 28 Roy E. Cook 1379 Motion adopted 11:12 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , April 1, 1959 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 62 as passed at the Annual Town Meeting held March 16, 1959 and as same appears on record. /Signed/ James J. Carroll Town Clerk Boston, Mass. , April 6, 1959 The foregoing amendment to zoning by-law is hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General