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HomeMy WebLinkAbout1961-11-06-STM-min 9;1q (WARRANT FOR SPECIAL TOWN MEETING - SEE WARRANT BOOK) ' SPECIAL TOWN MEETING HELD NOVEMBER 6, 1961 Meeting called to order by James J. Carroll, Town Clerk, acting Moderator Pro-tem. 8:05 P. M. There were 180 Town Meeting Members present. James J. Carroll asked for nominations for a Moderator Pro-tem for the meeting. 8:05 P. M. Nomination made by Ruth Morey for Judge Joseph R. Cotton to serve, duly seconded. 8:05 P. M. Judge Joseph R. Cotton unanimously elected. 8:06 P. M. Judge Joseph R. Cotton sworn as Moderator Pro-tem for meeting by Town Clerk, James J. Carroll. 8:06 P. M. Invocation offered by Rev. Nathan. W. Goff. 8:10 P. M. Town Clerk read the warrant for the meeting until further reading was waived. 8:10 P. M. -Town Clerk read the Constable' s Return. 8:10 P. M. Article 1. Appropriation Committee Report presented by J. Harper Blaisdell, Jr. which was voted to be accepted and placed on file. 8:10 P. M. Austin W. Fisher, Jr. reads Interim Report of the Standing School Building Committee which was voted to be acceptedand placed on file. 8:11 P. M. Article 2. Presented by Austin W. Fisher, Jr. VOTED: To appropriate the sum of $30,000 as a supplementary appropriation to be used by the Standing School Building Committee, in addition to funds heretofore appropriated or made available to the Committee, for the preparation of preliminary plans, specifications and cost estimates for the construction of a new secondary school building or buildings on land in the vicinity of the senior high school, and to provide for payment by the transfer of $15,000 from the unexpended appropriation of $15,000 voted for preliminary plans and specifications for a new elementary school under Article 45 of the Warrant for the 1961 Annual Town Meeting and by the transfer of $15,000 from the Excess and Deficiency Account. Carried by voice vote. 8:20 P. M. Article 3. Presented by Ruth Morey. VOTED: That the Selectmen be and they hereby are author- ized to abandon the easement to enter upon and to flow the water of Butterfield' s Pond and its tributaries over the parcel of land described as "10. A parcel of land in Lexington on the northwesterly side of Adams Street con- taining about 0.3 acres and being a portion of land now or formerly of Mary Trupasso.", in the order of taking by the Town dated February 13, 1939 and recorded in Middlesex South District Registry of Deeds, Book 6279, Page 318, such easement in said parcel being no longer required by the Town; 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. Carried Unanimously 8:21 P. M. Article 4.. Presented by Ruth Morey. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:22 P. M. Article 5. VOTED: That the Selectmen be and they hereby are author- ized to install such sewer mains, water mains, and conduits for future water mains as they may deem appropriate under Presented the portion of Route 128 being reconstructed in the Town, by including ramps, maintenance roads and adjoining land, by Ruth entering into a contract with the Commonwealth of Massa- Morey chusetts, represented by its Department of Public Works, to have the work performed by the contractor engaged by the Commonwealth for such reconstruction, the cyst of such installation to be paid by the Town to such contractor; and to appropriate therefor the sum of $60,000 and provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 8:25 P. M. Article 6. Presented by Ruth Morey. VOTED: To establish as a town way and accept the layout of as a town way, Station Way from Edison Way to Municipal Parking Area a distance of 73 feet, more or less, north- easterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated September 1, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwiseacquire any fee, easement or other interest in land necessary therefor; and to appropriate for such land acquisition and con- struction the sum of $12,500 and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8:28 P. M. Richard H. Soule presents Report of the Planning Board on this article which was received and placed on file. 8:29 P. M. Article voted on and declared carried by voice vote. 8:38 P. M. Decision doubted. Standing vote taken as follows: In Favor Tellers Opposed 26 Gordon E. Steele 10 48 (Donald P. Noyes) 55 (Donald E. Legro) Milton F. Hodgdon 7 99 72 Carried 8: .0 P. M. Article 7. Presented by Ruth Morey. VOTED: To accept the alteration and relocation as a town way of Worthen Road from Waltham Street a distance of 100 feet northerly on the westerly side as laid out by the Selectmen and shown upon a plan -on file in the office of the Town Clerk, dated -Septemberl, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such land acquisition and construction the sum of $100 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:L3 P. M. Article 8. Presented by Ruth Morey. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:44 P. M. 253 Article 9. Presented by Ruth Morey. VOTED: To establish as a town way, and accept the layout of as a town way, Buckman Drive from existing Buckman Drive a distance of 235 feet, more or less, southerly to Moreland Avenue, 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 1, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such land acquisition and construction the sum of $10,000 and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8:45 P. M. Richard H. Soule reads Report of the Planning Board on Article 9 which was accepted and placed on file. 8:50 P. M. Main motion declared carried by voice vote. 9:17 P. M. Decision doubted, so standing vote taken as follows: In Favor Tellers 222ffal 22 Gordon E. Steele. 33 Donald P. Noyes 17 14 Milton F. Hodgdon 18 33, Donald E. Legro 16 102 64 Carried 9:20 P. M. Article 10. Presented by Ruth Morey. VOTED: To amend Article XVI, Section 1 of the Plumbing By-Law by striking out paragraph A and in- serting in place thereof a new paragraph A to read as follows: A. Prohibited Drainage. Rain water conductors, surface orrun g o d water or basement drainage shall not discharge into o a sanitary sewer, nor connect into any storm drainage system of the Town, except that connection may be made to a storm water system of the Town with permission of the Board of Selectmen and subject to such terms as such Board may prescribe. Carried Unanimously 9:21 P. M. Article 11. Presented by Richard H. Soule. VOTED: To amend the Zoning By-Law to change certain land from an R1 - One Family Dwelling District to a C3 - Special Commercial District by adding in Section 4. Geographical Descriptions of Districts, (h) C3 - Special commercial districts, the following paragraph: 3. A district on the southwesterly side of Marrett Road and the northwesterly side of the Northern Circumferential Highway (Route 128) and bounded and described as follows: Beginning at a Massachusetts highway bound at the inter- section of the southwesterly line of Marrett Road and a southwesterly line of the Marrett Road - Route 128 inter- change, so-called, thence South 40°31120" East by said southwesterly line of said interchange, distant 55.16 feet; thence South 43°34146" West by said interchange, distant 84.34 feet; thence South 40 311 20" East, distant 201.06 feet; thence South 20°45122" East, distant 163.00 feet; thence South 47°16143" West, distant 60.00 feet; thence South 42°43117" East, distant 44.20 feet; thence South 18054135" West, distant 522.71 feet; thence South 32°53153'1 West, distant 678.55 feet, all by said inter- change; thence North 68°19110" West, distant 36.96 feet; 254 Article 11. thence North 75°07150 West, distant 149.01 feet; thence ( Cont.) South 32°37130 West, distant 168.32 feet, all by land now or formerly of the City of Cambridge or now or formerly of Antonio Venuti and Concetta Venuti; thence North 72°34100" West, distant 352.36 feet; thence North 27°27100" West, distant 257.35 feet; thence North 27°24120"West, distant 89.39 feet; thence North 15°30'00" East, distant 88.01 feet; thence North 16°15130" East, distant 87.87 feet; thence North 26°301301 East, distant 10.76 feet; thence North 58°43110" West, distant 347.08 feet, all by land now or formerly of the City of Cambridge; thence North 18°16140" East by land now or formerly of Edwin John Lee, distant 1073.63 feet; thence South 39°43136" East by land now or formerly of Florence K. Hargrove, distant 326.17 feet; thence North 82°25150" East by land now or formerly of Bedros H. Bashian et al, distant 30.74 feet; thence North 80°47'50"0" East,t distant 77 ?4feet feet; thence North 82°11'10" East, distant 86.71 feet; thence North 85o)?JI 100f East, - distant 13.15 feet; thence North 51°48110" East, distant 463.41 feet; thence South 62°18'50" East, distant 70.09 feet; thence South 60°42120" East, distant 67.99 feet; thence South 70°06'00" East, distant 52.36 feet to a point in the southwesterly line of Marrett Road, all by said land of Bedros H. Bashian et al; and thence running south- easterly by a curve to the left with a radius of 644.42 feet by said southwesterly line of Marrett Road, distant 174.17 feet to the point of beginning. 9:28 P. M. Mr. Soule reads Report of the Planning Board. 9:30 P.M. Carried Unanimously 9:32 P. M. Article 12. Presented by Richard H. Soule. VOTED: To amend the Zoning By-Law to permit the construction of underground fallout or blast shelters within required yard areas by adding in Section 8. Area, Frontage and Yard Regulations, ( g) All Districts, the following paragraph: 6. The construction of a fallout or blast shelter of a design approved by the local director of Civil Defense or his representative shall not be deemed to be in violation of the yard regulations provided such shelter is completely below the finished grade of the adjoining land prior to and after such con- struction and is covered by earth to a depth of not less than two feet, except that an entrance or exit way may be substantially flush with the ground and a ventilating pipe and cover_may protrude above the ground if they are of no greater size and height than is reasonably required for the purpose. Mr. Soule reads Report of the Planning Board. 9:33 P.M. Declared carried by voice vote. 9:34 P. M. Decision doubted, so standing vote taken as follows: In Favor Tellers Opposed 35 Gordon E. Steele 0 45 Donald P. Noyes 0 50 Donald E. Legro 8 33 Milton F. Hodgdon 0 163 8 Carried 9:37 P. M. 255 Article 13. Presented by Lincoln P. Cole, Jr. MOTION: To appropriate for Civil Defense - Persona]. Services for the balance of the current year the sum of $1,400, and provide for payment by transfer from the Excess and Deficiency Account, and to appropriate for Civil Defense - Personal Services for the period from January 1, 1962 through March 31, 1962 the sum of $2,500, the same to be raised in the 1962 tax levy. 9:42 P. M. Explanations given by Arthur E. Burrell. 9:43 P. M. William Roger Greeley speaks opposing the article. 9:53 P. M. J. Harper Blaisdell, Jr. of the Appropriation Committee reads report, moving for indefinite postponement. 9:58 P. M. Indefinite postponement declared carried by voice vote. 9:59 P. M. Decision doubted, so standing vote taken as follows: In Favor ' Tellers Opposed 20 Gordon E. Steele 18 25 Donald P. Noyes 18 30 Donald E. Legro 26 22 Milton F. Hodgdon 12 97 74 Indefinite postponement carried. 10:01 P. M. Article 14. Presented by Lincoln P. Cole, Jr. MOTION: That the Director of Civil Defense be and hereby is authorized with theapproval of the Board of Selectmen to construct and install on town property a civil defense alarm system, such installations to be subject to the approval of the Board or Committee charged with the care and control of the property, and to appropriate therefor the sum of $40,700, and provide for payment by transfer from the Excess and Deficiency Account. 10:03 P. M. Arthur E. Burrell moves for indefinite postponement. 10:04 P. M. Indefinite postponement declared carried by voice vote. 10:11 P. M. Article 15. Lincoln P. Cole, Jr. moves for indefinite postponement. Carried by voice vote. 10:12 P. M. Article 16. Lincoln P. Cole, Jr. moves for indefinite postponement. Carried by voice vote. 10:12 P. M. Lincoln P. Cole, Jr. moves that this Special Town Meeting be -dissolved. 10:13 P. M. a . / • Town Clerk 25 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 10 AS PASSED AT THE SPECIAL 17-11 TOWN MEETING HELD NOVEMBER 6, 1961 ARTICLE 10 AS PASSED AT THE SPECIAL TOWN MEETING HELD NOVEMBER 6, 1961 Article 10. Presented by Ruth Morey. VOTED: To amend Article XVI , Section 1 of the Plumbing By-Law by striking out paragraph A and inserting in place thereof a new paragraph A to read as follows: A. Prohibited Drainage. Rain water conductors, surface or ground water or basement drainage shall not discharge into a sanitary sewer, nor connect into any storm drainage system of the Town, except that connection may be made to a storm water system of the Town with permission of the Board of Selectmen and subject to such terms as such Board may prescribe. Carried Unanimously 9:21 P. M. /Signed/ Janes J. Carroll Town Clerk Lexington, Mass. , November 1L , 1961 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 10 as passed at the Special Town Meeting held November 6, 1961 and as same appears on record. /Signed/ James J. Carroll Town Clerk Boston, Mass. , November 20, 1961 The foregoing amendment to Plumbing By-Law is hereby approved. /Signed/ E. J. McCormack, Jr. , Attorney General ATTORNEY GENERAL'S APPROVAL OF ARTICLE 11 AS PASSED AT THE SPECIAL TOWN MEETING HELD NOVEMBER 6, 196L ARTICLE 11 AS PASSED AT THE SPECIAL TOWN MEETING HELD NOVEMBER 6, 1961 Article 11. Presented by Richard H. Soule. VOTED: To amend the Zoning By-Law to change certain land from an R1 - One Family Dwelling District to a C3 - Special Commercial District by adding in Section 4. Geographical Descriptions of Districts, ( h) C3 - Special commercial districts, the following paragraph: 3. A district on the southwesterly side of Marrett Road and the northwesterly side of the Northern Circumferential Highway (Route 128) and boundedend described as follows: Beginning at a Massachusetts highway bound at the inter- section of the southwesterly line of Marrett Road and a southwesterly line of the Marrett Road - Route 128 inter- change , so-called, thence South 40°31'20" East by said southwesterly line of said interchange, distant 55.16 feet; thence South 43°34'46" West by said interchange, distant 84.34 feet; thence South 4au 31' 20" East, distant 201.06 feet; thence South 20°1.5122" East, distant 163.00 feet; thence South 47°16'43" West, distant 60.00 feet; thence South 42943'17" East, distant 44.20 feet; thence South 18054'35" West, distant 522.71 feet; thence South 32053'53" West, distant 678.55 feet, all by said interchange; thence North 68°19'10" West, distant 36.96 feet; thence North 75007'50" West, distant 149.01 feet; 257 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 11 ( CONT. ) Article 11. thence South 32037'30" West, distant 168.32 feet, all ( Cont. ) by land now or formerly of the City of Cambridge or now or formerly of Antonio Venuti and Concetta Venuti; thence North 72`034'00" West, distant 352.36 feet; thence North 27°27'00" West, distant 257.35 feet; thence North 27024'20" West distant 89.39 feet; thence North 15°30'00" East, distant 88.01 feet; thence North 16015'30" East, distant 87.87 feet; thence North 26°30'30" East, distant 10.76 feet; thence North 58043'10" West, distant 347.08 feet, all by land now or formerly of the City of Cambridge; thence North 18©16'40" East by land now or formerly of Edwin John Lee, distant 1073.63 feet; thence South 39°43' 36" East by land now or formerly of Florence K. Hargrove, distant 326.17 feet; thence North 82°25'50" East by land now or formerly of Bedros H. Bashian et._ al, distant 30.74 feet; thence North 80047'50" East, distant 77.74 feet; thence North 82011 '10" East, distant 86.71 feet; thence North 850) 100" East, distant 13.15 feet; thence North 51°48'10" East, distant 463.41 feet; thence South 62018'50" East, distant 70.09 feet; thence South 60'°42'20" East, distant 67.99 feet; thence South 70°06'00" East, distant 52.36 feet to a point in the southwesterly line of Marrett Road, all by said land of Bedros H. Bashian et al; and thence running southeasterly by a curve to the left with a radius of 644.42 feet by said southwesterly line of Marrett Road, distant 174.17 feet to the point of beginning. 9:28 P. M. Mr. Soule reads Report of the Planning Board. 9:30 P. M. Carried Unanimously 9:32 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , November 14, 1961 I , James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exactPY of coArticle 11 as passed at the Special Town Meeting held November 6, 1961 and as same appears on record. /Signed/ James J. Carroll Town Clerk Boston, Mass. , November 20, 1961 The foregoing amendment to Zoning By-Law is hereby approved. /Signed/ E. J. McCormack, Jr. , Attorney General ATTORNEY GENERAL ' S APPROVAL OF ARTICLE 12 AS PASSED AT ThE SPECIAL TOWN MEETING HELD NOVEMBER 6, 1961 ARTICLE 12 AS PASSID AT THE SPECIAL TOWN MEETING HELD NOVEMBER 6, 1961 Article 12. Presented by Richard H. Soule. VOTED: To amend the ZoningBy-Law to permit the con- struction of underground fallout or blast shelters within required yardareas by adding in Section 8. Area, Frontage and Yard Regulations, (g) All Districts, the following paragraph: 258 ATTORNEY GENERAL 'S APPROVAL OF ARTICLE 12 ( CONT. ) Article 12. 6.. The construction of a fallout or blast shelter of ( Cont. ) a design approved by the local director of Civil Defense or his representative shall not be deemed to be in violation of the yard regulations provided such shelter is completely below the finished grade of the adjoining land prior to and after such construction and is covered by earth to a depth of not less than two feet, except that an entrance or exit way may be substantially flush with the ground and a ventilating pipe and cover may protrude above the ground if they are of no greater size and height than is reasonably required for the purpose. Mr. Soule reads Report of the Planning Board. 9:33 P. M. Declared carried by voice vote. 9:34 P. M. Decision doubted, so standing vote taken as follows: In Favor Tellers Opposed 35 Gordon E. Steele 0 45 Donald P. Noyes 0 50 Donald E. Legro 8 33 Milton F. Hodgdon 0 163 8 Carried 9:37 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , November 14, 1961 I, James J. Carroll, Town Clerk of the Town of Lexing- ton, do hereby certify the above to be a true and exact copy of Article 12 as passed at the Special Town Meeting held November 6, 1961 and as same appears on record. /Signed/ James J. Carroll Town Clerk Boston, Mass. , November 20, 1961 The foregoing amendment to Zoning By-Law is hereby approved. /Signed/ E. J. McCormack, Jr. , Attorney General