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HomeMy WebLinkAbout1960-11-28-STM-min 47,4 6 SPECIAL TOWN MEETING HELD NOVEMBER 28, 1960 Meeting called to order by the Moderator, Charles E. Ferguson. 8: 06 P. M. There were 171 Town Meeting Members present. Invocation offered by Rabbi Herbert Rosenblum. 8:07 P. M. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading was waived by the Moderator at 8:07 P. M. The Town Clerk read the Constable' s Return. 8:08 P. M. Article 1. Appropriation Committee Report presented by J. Harper Blaisdell which was on file.and accepted P placedle. 8.08 P.M. Article 2. Presented by Ruth Morey, Chairman, Board of Selectmen. VOTED: To establish as a Town way, and accept the layout of as a Town way, Worthen Road from Massachusetts Avenue 3370 feet, more or less, southeasterly to Waltham Street 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 September 12, 1960, 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; and to appropriate for acquisition of the land and for engineering services the sum of $10,000.00, and to provide for payment by transfer from the Excess and Deficiency Account. 8:13 P. M. Planning Board Report presented by Levi G. Burnell. 8:25 P. M. Robert M. Caquillette moves that further action on Article 2 be postponed until the Annual Town Meeting. 8:58 P. M. Postponement voted on and declared lost by voice vote. 9:12 P. M. Main motion voted on by voice vote, vote in doubt so standing vote taken as follows: In Favor Tellers Opposed 26 Frederick E. Tucker 7 84 Thomas A. Napoli 18 23. Donald P. Noyes 7 133 32 Motion adopted 9:22 P. M. Article 3. VOTED: That the Selectmen be and hereby are authorized and directed to take such action on behalf of the Town Presented as they may deem necessary or desirable to remove the by conditions on the use of certain parcels of land Ruth situated in the vicinity of the high school which were Morey conveyed to the Town by the late Augustus E. Scott in 1914 and 1915 by two deeds recorded respectively in Middlesex South District Registry of Deeds, Book 3953, Page 561, and Book 3981, Page 109; which deeds restrict the use of the land to park and playground purposes and one of which requires that certain portions of the land shall always remain open as public ways, Carried Unanimously 9:27 P. M. 208 Article 4. Presented by Donald T. Clark. VOTED: That the Standing School Building Committee be and hereby is authorized on behalf of the Town to retain professional services and prepare preliminary plans, specifications and cost estimates for the construction of a new secondary school building on land in the vicinity of the senior high school; and that the sum of $10,000.00 be appropriated therefor and be provided by transfer from the Excess and Deficiency Account. Carried by voice vote. 9:34 P. M. All the following articles presented by Ruth Morey. Article 5. "VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to enter into an agreement with the United States of America, or a department or instrument- ality thereof, to furnish water to the Laurence G. Hanscom Field upon terms which will provide for reimburse., ment to the Town of a portion of the cost to be paid by the Town to the Metropolitan District Commission for water improvements to be constructed in Lexington by the Commission as provided in Chapter 590 of the 1959 Acts of the General Court and of a portion of the cost of construction by the Town of a water main commencing at the end of the proposed new Commission water main at about the intersection of Waltham Street and Concord Avenue and extending to the Lexington water standpipes and then to Massachusetts Avenue at about its intersection with Jean Road; said agreement to be in such form and to contain such terms and provisions as the Selectmen by the execution thereof, shall approve. Carried Unanimously 9:36 P. M. Article 6. VOTED: That the Selectmen be and hereby are authorized to install a water main of twenty-four inches in diameter commencing at the end of the proposed new Metropolitan District Commission water main at about the intersection of Waltham Street and Concord Avenue and extending to the Lexington water standpipes and then to Massachusetts Avenue at about its intersection with Jean Road; in such accepted or unaccepted 'streets or other land as the Selectmen may determine, 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 $) 20,000.00 and to provide for payment by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Select-nen, be and he hereby is authorized to borrow the sum of $420,000.00 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 exceeding ten years. Carried Unanimously 9:39 P. M. Article 7. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to abandon the portion hereinafter described of the drain easement in lots 10 and 11 on Rogers Road in Lexington that is no longer needed by the Town and which is part of the drain easement that was granted to the Town by George Avadanian by instrument dated April 23, 1960 and recorded in Middlesex South District Registry of Deeds, Book 9584, Page 29; that the minimum amount to be paid for such abandonment shall be $1,00; . and that the instrument of abandonment shall be in such form as the Selectmen by the execution thereof shall approve; said portion to be abandoned being bounded and described as follows: Commencing in lot 10 at an angle point in the westerly side line of the drain easement that was granted the Town of Lexington by George Avadanian by instrument dated April 23, 1960, recorded in said Deeds, Book 9584, Page 29, said point bearing North 34° 27' 18" West and being distant 24.95 feet from the southwesterly boundary of said lot 10; thence running North 04° 4ot 3L East through 209 Article 7. lot 10 and into lot 11, distant 115.88 feet to a point (Cont.) in the southeasterly side line of a strip of land marked "251 Wide Drain Easement" on plan hereinafter mentioned; thence turning and running North 62° �5' 17" Eastalong said southeasterly side line, distant 11.85 feet to a point; thence turning and running South 040 40 ' 34" West through lot 11 and into lot 10, distant 92.10 . feet to a point; thence turning and running South 220 26t 08" West, distant 30.17 feet to a point; and thence.running South 34° 27? 18" West, distant 1.61 feet to the point of beginning; all as shown and marked "to be abandoned" on plan entitled "Phan Of Land In Lexington Mass.", dated September 8, 1960, Everett M. Brooks Co. , Civil Engineers, recorded in said Deeds as plan No. 1567 of 1960. Carried Unanimously 9:43 P. M. Article 8. VOTiD: That, the Selectmen be and hereby are authorized on behalf of the Town to permit Joseph Trani, Incorporated, the owner of the premises numbered 1775 Massachusetts Avenue in Lexington, said premises being now represented by certificate of title No. 97890, registered in Middlesex South. Land Registry District, Registration Book 619, Page 140, to make alterations in and to renovate the portion of the building on said premises that is situated between the northeasterly side line of Massachusetts Avenue and the building line established through the premises by the Town in 1930, hereinafter called the building line area, which alterations and renovations are not now permitted by reason of the easement rights acquired by the Town by the establishment of said building line; that theminimum amount to be paid for such permission shall be the sum of $1.00 and that such permission shall be granted by the Selectmen only after the aforesaid owner has entered into .an agreementwith the Town, represented by the Board of Selectmen, in reference to the making of such alterations and renovations that shall be binding upon the owner and its successors in title and shall contain a provision that in the event the Town shall take by eminent domain at any time in the future any additional rights in or the fee of the building line area the owner of the premises at the time of such taking will accept as full payment for any damages from such taking for theportion of the building then situated within saidbuilding line area and for any damages resulting from such taking to the remainder of the building, a sum not to exceed $10,000.00; and that said agreement shall contain such other terms and provisions and be in such form as the Selectmen shall approve. Carried Unanimously 9:47 P. M. Article 9. VOTED: That the Board of Fire Commissioners be and here- by are authorized to sell the 1911 American LaFrance hose wagon to the Lexington Historical Society for the sum of $1.00 and if said Society does not purchase the wagon by February 1, 1961, then said Board may sell the same to such person or organization, at such price and upon such terms as the Boa-rd deems proper. Carried Unanimously 9:48 P. M. Ruth Morey moves that meeting be dissolved. 9:49 P. M. ifTown Clerk 210 SPECIAL TOWN MEETING HELD DECEMBER 12, 1960 d` Meeting called to order by the Moderator, Charles E. Ferguson at 8:02 P. M. All members of the Board of Selectmen, Town Clerk, James J. Carroll,, Moderator, .Charles E. Ferguson and Town Counsel, Harold E. Stevens were present. The Town Clerk read the warrant for the meeting until further reading was waived by motion of Ruth Morey, Chairman, Board of Sel- ectmen. The Town Clerk read the Constable' s Return. A quorum not being present, motion made by Ruth Morey that meeting be adjourned- to Monday, December 19, 1960 at 8 P. M. , Cary Memorial Hall. So voted. 8:05 P . M. i ;gown Clerk ADJOURNED TOWN MEETING HELD DECEMBER 19, 1960 Meeting called to order by the Moderator, Charles E. Ferguson, at 8:03 P. M. Invocation_ offered by Myron C. Fisher, Jr. 8:03 P. M. There were 130 Town Meeting Members present. Article 1. Appropriation Committee Report presented by J. Harper Blaisdell, Jr. which was voted to be accepted and placed on file. 8:05 P. M. Article 2. Presented by Levi G. Burnell, Chairman of the Planning Board. VOTED: To amend the Zoning By-Law by adding at the end of Section 4, Geographical Descriptions, of Districts, (h) C 3 - Special Commercial Districts, the following new paragraph: 2. A district on the westerly side of Wood Street and abutting upon the Laurence G. Hanscom Field (Bedford Airport) , and bounded and described as follows: Beginning at a point in the westerly line of Wood Street, at land of the United States of America, thence running N 63° 311.' 30" W by land of the United States of America, distant 348.63 feet to a point; thence turning and running N 10 33' 40" W by land of the United States of America, distant 300.00 feet to a point; thence running N 5° 22' 30" E by land of the United States of America, distant 616.21 feet to a point in the westerly line of Wood Street; thence turning and running by a curve to the right with a radius of 594.55 feet by the westerly line of Wood Street, distant 299.26 feet to a point; thence running S 30° 24' 00" E by said westerly line of Wood Street, distant 267.61 feet to a point; thence running by a curve to the right with a radius of 474.66 feet by said westerly line of Wood Street, distant 492.09 feet to a point; and thence running S 29° 00' 00" W by said westerly line of Wood Street, distant 179.93 feet to the point of beginning. 8:06 P. M. 211 Article 2. Mr. Burnell asks that reading of the Planning Board ( Cont. ) Report be dispensed with as all Town Meeting Members had a copy. The Moderator states that if there were no objections from the Town Meeting Members, that reading of the Planning Board Report would be dispensed with. No objections. 8:07 P. M. Planning Board Report filed. 8:07 P. M. George N. Hurd, Jr. from M. I. T. gives explanations with the aid of slides. 8:23 P. M. Motion voted on and carried unanimously. 8:29 P. M. Ruth Morey, Chairman of the Board of Selectmen, moves that meeting be adjourned. 8:30 P. M. Meeting dissolved. 8:30 P. M. l ,! I 1: ' r a/ n Clerk ATTORNEY GENERAL'S APPROVAL0F ARTICLE 2 AS PASSED AT THE ADJOURNED TOWN MEETING HELD DECEMBER 19, 1960 ARTICLE 2 AS PASSED AT TIE ADJOURNED TOWN MEETING 11,1D DECEMBER 19, 1960 Article 2. Presented by Levi G. Burnell, Chairman of the Planning Board. VOTED: To amend the Zoning By-Law by adding at the end of Section 4, Geographical Descriptions of Districts, (h) C 3 - Special Commercial Districts, the following new paragraph: 2. A district on the westerly side of Wood Street and abutting upon the Laurence G. Hanscom Field (Bedford Airport) , and bounded and described as follows: Beginning at a point in the westerly line of Wood Street, at land of the United States of America, thence running N 63° 341 30" W by land of the United States of America, distant 3L8.63 feet to a point; thence turning and running N 1 331 40"Wby. land of the United States of America, distant 300.00 feet to a point; thence running N 50 221 30" E by land of the United States of America, distant 616.21 feet to a point in the westerly line of Wood Street; thence turning and running by a curve to the right with a radius of 594.55 feet by the westerly line of Wood Street, distant 299.26 feet to a point; thence running S 30° 241 00" E by said westerly line of Wood Street, distant 267. 61 feet to a point; • thence running by a curve to the right with a radius of Lt.74.66 feet by said westerly line of Wood Street, distant 492.09 feet to a point; and thence running S 290 001 00" W by said westerly line of Wood Street, distant 179.93 feet to the point of beginning. 8:06 P. M. 212 ATTORNEY GENERALIS APPROVAL OF ARTICLE 2 ( CONT. ) Article 2. Mr. Burnell asks that reading of the Planning Board r171 p.--- -_, Report be dispensed with. The Moderator states that if there were no objections from the Town Meeting Members, that reading of the Planning Board Report would be dispensed with. No objections. 8:07 P. M. George N. Hurd, Jr. from M. I. T. gives explanations with the aid of slides. 8:23 P. M. Motion voted on and carried unanimously. 8:29 P. M. - I 4. 4 . • * 7 / / TownClerk Lexington, Mass. , December 27 , 1960 I, James J. Carroll, Town Clerk of the Town of Lex- ington, do hereby certify the above to be a true and exact copy of Article 2 as passed at the Adjourned Town Meeting held December 19, 1960 and as sane appears on record. -Te, LI-10,1 14own Clerk Boston, Mass. , Decemb'er 28, 1960 The foregoing amendment to Zoning By-Law is hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General 1 i