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HomeMy WebLinkAbout1956-03-19 to 1956-04-02 ATM-min ANNUAL TOWN MEETING HELD MARCH 19, 1956 547 Meeting called to order by the Moderator, Charles E. Ferguson. 8 P. M. There were four Town Meeting Members present - Town Clerk, James J. Carroll; Moderator, Charles E. Ferguson; Chairman of the Board of Selectmen, Haskell W. Reed; and Town Counsel, Harold E. Stevens. The Town Clerk read the warrant for the meeting until further reading, was waived by motion of Selectmen, Haskell W. Reed. , The Town Clerk read the Constable ' s Return. A quorum not being present, motion made by Selectmen, Haskell W. Reed, that meeting be adjourned to Monday, March 26, 1956 at 8 P. M. , Cary Memorial Hall. So voted. 8:03 P. M. /g /1 Town Clerk ADJOURNED TOWN MEETING HELD ',LARCH 26, 1956 Meeting called to order by the Moderator, Charles E. Ferguson at 8 :03 P. M. _ Invocation offered by Reverend Earl D. Haywood. 8:04 P. M. There were 193 Town Meeting Members present. , Selectman, Haskell W. Reed moved to take up Article 2. William C. Madden presented Appropriation Committee Report which was voted to be accepted and placed on file. 8:05 P. M. John A. Carrier, Chairman, Capital Expenditures Committee presented report of committee which was voted to be accepted and placed on file. 8:05 P. M. Robert A. Coquillette presented report of the Proposed Addition to the Cary Memorial Library Committee which was voted to be accepted and, placed on file. 8:06 P. M. Ars. Helen H. Hager presented report of the Cary Lecture Comm- ittee which was voted to be accepted, Placed on file and, the committee discharged. 8:06 P. M. Mrp. A14.dred B. Marek presented report of progress of the Lex- ington Junior High School Survey Committee which was voted to be accepted and placed on file. 8:07 P. M. , Donald K. Irwin presented report of progress of the Building and Plumbing By-Law Study Committee which was voted, to be accepted and placed on file. 8:08 P. M. Article ,3. Presented by Haskell W. Reed. VOTED: That a committee of three by 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 8:09 P. M. 548 T Ceeocrn Article 4. Remarks by Selectman, Raymond W. James and explanations of the report of the Personnel Advisory Committee. VOTED: That the following amounts be appropriated for the current- year and be raised in the current tax levy except that where a transfer is indicated they shall be provided by such a transfer: Selectmen's Department Personal Services 9,067.72 Expenses 3,215.81 Elections, 9,920.00 Insurance 28,728.49 Unclassified 1,555.00 Printing Town Report 1,780.00 Town Clerk & Treasurer's Department Personal Services 7,360.14 Expenses 1,400.00 Elections 1,290.00 Parking Meter Maintenance 100.00 (This amount to be transferred from Parking Meter Funr9 ) Vital Statistics 30800 Foreclosure & Redemption of Tax Titles-Expenses 1,600.00 Collector's Department Personal Services 6,123.64 Expenses 3,400.00 Trustees of Public Trusts . . Expenses _ 175.00 Accounting Department _ Personal Services 9,388.48 Expenses 748.00 Assessors ' Department Personal Services 14,637.22 Expenses 1,500.00 Law Department Personal Services 4,000.00 Special Fees : 5,000.00 Expenses 2,500.00 Appropriation Committee Personal Services 200.00 Expenses 1,250.00 Capital Expenditures Committee_ Expenses - 340.00 Board of Appeals _ : Expenses -1,983.00 Board of Retirement Accrued and_Normal Liability 39,294.00 Expenses 325.00 549 Article 4. Health Department (Cont. ) Personal Services 7,215.00 Expenses 9,348.00 Engineering 3,000.00 Animal Inspection 900.00 Dog Clinic 576.23 Polio Vaccine Program 2,500.00 Veterans ' Day Expenses 150.00 Memorial Day Expenses 500.00 Patriots ' Day Expenses 3,625.00 Planning Board Personal Services 7,000.00 - , Expenses 4,750.00 Amendment presented by Alan G. Adams as follows : - VOTED: I move to amend the item Planning Board - Personal Services by striking out the figure "47,000.00" and in- serting in place thereof the figure: - 47,215.19. Amendment adopted 8:25 P. M. Recreation Committee Personal Services 9,065.00 Expenses 8,625.00 Board of Registrars Personal Services 3,522.00 Expenses 2,600.00 Police Department Personal Services 131,922.57 Expenses 15,990.00 Parking Meter maintenance 250.00 (This amount to be transferred from the Parking Meter Fund) Dog Officer Personal Services 300.00 Expenses 650.00 Fire Department Personal Services 148,859.06 - Expenses 22,235.00 Ambulance Maintenance 500.00 . Forest Fires Personal Services 50.00 Wages & Expenses 500.00 , Building Inspector Personal Services 5,400.00 Expenses 782.00 Plumbing- Inspector Personal Services 3,120.00 Expenses 562.00 550 Article 4. Wire Inspector (Cont. ) t7„) Personal Services 2,000.00 Expenses 395.00 Weights & Measures Personal Services 800.00 Expenses f 424.00 Public Works. Superintendent' s Office Personal Services 27,781.84 Expenses 1,362.00 Engineering Department Personal Services 20,082.75 Expenses 1,220.00 Town Offices & Cary Memorial Building Personal Services 9,995.34 Expenses 22,085.00 Public Works Building Wages & Expenses 15,485.00 Higway Maintenance Wages & Expenses 70,000.00 Highway Department - Road Machinery Wages & Expenses 31,040.00 Snow Removal Wages & Expenses 75,000000 Traffic Regulation & Control Wages & Expenses 5,650.00 Street Lights Expenses 37,908.37 Street Signs Expenses 1,660,00 Sewer Maintenance Wages & Expenses 8,800.00 Sewer Services Wages & Expenses 42 000.00 Garbage collection 22,838.00 Care of Dumps & Removal of Ashes 21,900.00 Water Maintenance Wages & Expenses 46,622.75 Water Services Wages & Expenses 38,000.00 Parks Wages & Expenses 32,750.00 Article 4. Insect Suppression 551 (Cont. ) Wages & Expenses 6,-100.00 Shade Trees Wages & Expenses 13,525.00 Dutch Elm Wages & Expenses 8,250.00 School Operation Personal Services 906,949.65 Expenses 223,225.00 Out of State Travel 500.00 Athletics 16,867.45 Americanization Classes , 208.00 Vocational Education - Tuition 15,990.00 Handicraft Classes - 8,592.00 Amendment presented by Vernon C. Page that the item for "Expenses" be reduced 41,500.00 to cover the item of a truck. Amendment as presented declared lost. 8:43 P. M. Dental Clinic Personal Services 4,940.00 Expenses 653.00 Posture Clinic Personal Services 1,625.50 Expenses 125.00 Cary Memorial Library Personal Services 43,062.42 Expenses 16,031.48 (Inaddition to the amount of 43,173-52 received from the County for Dog Licenses) Public Welfare Personal Services 7,587033 Administration 925.00 Aid & Expenses 16 OCIC:, 00 Disability Assistance Aid & Expenses 13,800.00 Aid to Dependent Children Aid & Expenses 12,176.00 Old Age Assistance Aid & Expenses 87,000.00 Veterans ' Benefits Personal cervices 1,560.00 Administration 350,00 Aid & Expenses 9,000.00 Soldiers ' Burials 150.00 Cemetery Maintenance Personal Services 3,470.98 lqages ,& Expenses 28,197.97 (Of which 41,500.00 is to be transferred from the Perpetual Care Fund - Westview Cemetery; and 41,000.00 is to be trans- ferred from the Perpetual Care Fund - Munroe Cemetery ) 1552 Article 4. Interest on Debt `,77 ' - (Cont. ) To be raised in the current tax levy 118,723.75 Maturing Debt 476,000.00 and to be provided as follows : 2.,000.00 is to be transferred from Premiums on Loan Account; 48,000.00 is to be transferred from the Parking Meter Fund; 4151,000.00 is to be transferred from the School Reimbursement Fund; and 016,000.00 is to be raised in the current tax levy. Article 4 as presented or amended carried unanimously 8:47 P. M. Selectmen, Haskell W. seed, asks permission of the Town Meeting to proceed with Article 74. There were no objections from the Town Meeting members. 8:48 P. M. Article 74. Presented by Selectman, William E. Maloney. VOTED: That the Selectmen be and hereby are authorized in the name and on behalf of the Town to convey to the Josiah Willard Hayden, Recreation Centre, Inc. , a Mass- achusetts charitable corporation, the two parcels of land situated on the southerly side of Lincoln Street in Lex- . - ington that were given to the Town by Josiah Willard Hayden by deed dated .November 21, 1938 and recorded in Middlesex South District Registry of Deeds in Book 6254, Page 543, such conveyance by the Town to be in consider- ation of the use by said corporation of such land only for the recreation, entertainment, physical training and instruction of the youth of both sexes of the Town of Lexington in accordance with the corporate purposes of the Josiah Willard. Hayden Recreation Centre, Inc. and the provisions of the will of Josiah Willard Hayden, Middle- sex Probate Court Docket No. 329908, and the agreement by said corporation to build, operate and maintain on such land a building or buildings and other facilities for said purposes ; the instrument of conveyance to be in such- form and to contain such terms and provisions as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 8:50 P. A. VOTED: That the meeting hereby records the appreciation of the Town of Lexington of the deep interest of the late Josiah Willard Hayden in the youth of the Town which he has perpetuated in the wisely conceived and carefully planned provisions for the construction, maintenance and operation of buildings, equipment and other facil- ities for the recreation, entertainment, training and instruction of the youth of both sexes through the Josiah Willard Hayden Recreation Centre, Inc. , which he established and most generously endowed. Carried Unanimously 8:56 P. M. Mr. maloney introduced Mr. Chase and Mr. Saum as repres- entatives of the Josiah Willard Hayden Recreation Centre , Inc. who were greeting with applause by the Town Meeting Members. 8:59 P. M. All articles presented by Chairman, Haskell W. heed unless other- wise noted. Article 5, VOTED: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1957, 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 9:01 P. A. Article 6. VOTED: To establish the salary and compensation of 553 the Town Treasurer, Town Clerk and. Town Collector of Taxes at the following annual rates : Town Clerk 43,100.00 Town Treasurer 3,100.00 Town Collector of Taxes 5,500.00 the increase over the rates established last year to become effective April 1, 1956, and to raise and app- ropriate therefor the sum of 411,439.99. Carried Unanimously 9:02 P. M. Article 7, VOTED: To raise and appropriate the sum of 4325.00 to pay the necessary expenses of the Town Clerk incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the Town Clerk' s Department. Carried Unanimously 9:03 P. M. Article 8. VOTED: That this article be indefinitely postponed, Carried Unanimously 9:03 P. M. Article 9. VOTED: To raise and appropriate the sum of 41,441.33 for the unpaid bills for prior years of the following accounts : Public Welfare Town of Bedford 4990,65 City of Boston 450.68 Carried Unanimously 9:04 P. M. Article 10, Presented by Lincoln P. Cole, Jr. VOTED: To raise and appropriate the sum of 41,690.54 to be used in addition to money already appropriated, for payment ofbills incurred for the construction, original equipping and furnishing of the Maria Hastings School. Carried Unanimously 9:06 P. M. Article 11, VOTED: To appropriate 425,000.00 for the Reserve Fund and to provide for the payment thereof by a transfer of 418,000.00 from the Overlay Reserve Fund and the balance of 47,000.00 to be raised in the current tax levy. Carried Unanimously 9:07 P. M. Article 12, VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an • audit for the year 1956. Carried Unanimously 9:07 P. M. Article 13. VOTED: That the Selectmen be and they hereby are auth- orized to install water mains not less than six inches Presented but less than sixteen inches in diameter in such accepted by or unaccepted streets or other land as the Selectmen may Selectman, determine, subject to the assessment of betterMents or Raymond otherwise, and to take by eminent domain or otherwise W. acquire any fee, easement or otherinterestin land James necessary therefor; and to appropriate for such install- ation and; land acquisition the sum of 4168,800.00 of which 440,800.00 is to be transferred from Water Depart- ment Available Surplus; 418,000.00 is to be transferred from the Water Assessment Fund; and the balance of 41104000.00 is 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 4110,000,00 and issue bonds or notes oftheTown therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding fifteen years. Carried Unanimously 9:11 P. M. Article 14. VOTED: That the Selectmen be and they hereby are auth- Presented orized to install sewer mains, subject to the assessment by of betterments or otherwise, in such accepted or unacc- Selectman, epted streets or other land as the Selectmen may deter- Raymond mine, in accordance with Chapter 504 of the Acts of 1897 W. James and all acts in amendment thereof and in addition thereto, o'r otherwise, and to take by eminent domain or otherwise 554 Article 14. acquire any fee, easement or other interest in land (Cont. ) necessary' therefor; and to appropriate for such in- stallation and land acquisition the sum of 4103,000.00 of which 458,000.00 is to be transferred from the Sewer Assessment Fund; and the balance of 445,000.00 is 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 445,000 .00 and 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 twenty years. Alfred S. Busa presented the following motion: MOTION: 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 unacc- epted streets or. other land as the Selectmen mar deter- mine, in' acCordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof an in addition ' thereto, or otherwise, and to take by eminent domain 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 $237,500.00 of which 457,500.00 is to be transferred from the Sewer Assessment Fund; and the balance of 4180,000.00 is to be provided- by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Sel-_ ectmen, be and he hereby is authorized to borrow the sum of 4180,000,00 and issue bonds or notes: of the Town there- for, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years. 9:16 P. M. Amendment declared lost, 9:27 P. M. Main motion as presented voted upon and not being a unanimous vote, a standing vote was taken as follows : In Favor Tellers , Opposed 36 Aiden Lassell aipley 2 99 Lincoln P. Cole, Jr. : 0, Harold T. Handley 0 172 2 Carried 9:30 P. M. Article 15. VOTED: That this article be indefinitely postponed. Carried Unanimously 9:30 P. H. Article 16. VOTED: That the sum of 413,190.05 be raised and app- ropriated for pensions for retired members of the Police Department, and that the sum of 43,844.68 be raised and appropriated for pensions for retired members of the Fire Department, under Chapter 32 of the General Laws. Carried Unanimously 9:31 P. M. _ Article 17. VOTRD: That the sum of 43,000 be raised and appropriated for Chapter 90 highway rriintenance. Carried Unanimously 9:32 P. M. Article 18. VOTED: That the sum of 420,000.00 be appropriated for the construction of part of Concord Avenue, under Chapter 90 highway construction, and that said sum be provided by transfer from the Excess and Deficiency Account, Carried Unanimously 9:33 P. M. Article 19, VOTED: That the Selectmen be and they hereby are author- ized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost, or otherwise, and that the sum of 425,000.00 be raised and appropriated therefor. Carried Unanimously 9:35 P. M. 555 Article 20, MOTION: That the Selectmen be and they, hereby are auth- orized to install curbings at such locations as they may determine and that the sum of 412,500.00 be appropriated, of which 45,000.,00 is to be transferred from the Excess and .Deficiency Account and the balance of W1500.00 is to be raised in the current tax levy. Amendment presented by William C. Madden: VOTED: That the Selectmen be and they hereby are auth- orized to install curbings at such locations as they may determine and that the sum of 45,000.00 be appropriated therefor and be provided by transfer from the Excess and Deficiency Account. Amendment carried and so voted. 9:40 P. M. Article 21. VOTED: That the sum of 48,000.00 be raised and approp- raited for the improvement of lowlands and swamps in the eradication of mosquitoes, under Section 4A of Chapter 252 of the General Laws. Carried Unanimously 9:41 P. M. Article 22.` VOTED: That the Selectmen be and they hereby are auth- orized to install drains in such accepted or unaccepted streets or other land as they may determine, in accordance 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 or otherwise acquire any fee, easement or other interest in land necessary therefor, and to raise and appropriate for such installation and land acquisition the sum of 450,000.00. Carried Unanimously 9:44 P. M. Article 23. NOTION: To appropriate the sum of 441,250.00 for the purchase by or with the approval of the. Selectmen of equipment for the Department of Public Works and to pro- vide for the payment thereof by a transfer of 431,250.00 from the .oad Machinery Fund, and by raising the balance of 410,000.00 in the current tax levy. Amendment presented by William C. Madden: VOTED: To appropriate the sum of 426,050.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works and to provide for payment thereof by transfer from the Road Machinery Fund. Amendment adopted and- so voted by standing vote as follows : In Favor Tellers Opposed 15 Alan G., Adams 24 59 Lincoln P. Cole, Jr. 50 25 Harold T. Handley 13 99 87 Carried 9:50 P. H. Article 24. 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 Department of Public Works when used on various projects carried on under the direction of said Department or other Depart- ments 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 9:31 P. H. Article 25. 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 9:52 P. I . .656 Article 26. 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 1957 Annual Town Meeting.- Carried Unanimously 9:53 P. M. Article 27. VOTED: That the Selectmen be and hereby are authorized to sell and convey at any time on or before March 15, 1957 the land on Meriam Street known as the Old Fire Station Site, upon such terms and conditions as they deem proper; said land being described as follows: Beginning at a stone bound on the southeasterly side line of Meriam street at the property now or formerly of Henry P. Boutelle; thence running northeasterly along Meriam Street a distance of 42.90 feet to a stone 'bound; thence turning at an angle of 90° 00 l and running southeasterly by land now or formerly of Henry P. Boutelle 'a distance of 79.56 feet to a stone bound; thence turning at an angle of 90° 20 ' 30" and, running southwesterly by land now or formerly of Henry P. Boutelle a distanceof 42.68 feet to a point; thence turning at an angle of 89° 49 ' 30" and running north- westerly by land now or formerly of Henry P. Boutelle a distance of 79.73 feet to the point of beginning; and containing 3,407 plus or minus square feet. Carried Unanimously 9:55 P. M. Article 28. VOTED: '2hat the Planning Board be and hereby is auth- orized 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; that the Selectmen be and hereby are authorized on behalf of the Tdwn -to acquire by pur- chase, by eminent domain or otherwise, such land or rights therein as locations for future, streets as are or may be' included in options obtained by the Plahning Board; and that funds already appropriated for options and land acquisition for future street locations be and hereby are made available for all the purposes hereof. Carried Unanimously 9:58 P. H. Article 29. Presented by William G. Potter. VOTED: That the sum of 42,000.00 be appropriated for the, development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 9:58 P. M. Article 2. Selectman, Haskell W. Heed moves to open Article 2. Approved by Town Meeting Members, 10 P. M. Mr. Head then read the Heport of the Additional Town Office Building Committee which was voted to be accepted and placed on file. 10 :05 P. M. Article 30. VOTED: That the Additional Town Office Building Comm- ittee, appointed under the authority of the vote adopted under Article 40 of the Warrant for the 1955 Annual Town Meeting, be and hereby is authorized on behalf of the Town to retain architectural services and obtain final plans and specifications for the construction, original equip- ping and furnishing of an additional town office building, similar in design to the present town office building; to obtain bids and to enter into a contract or contracts for such construction, original equipping and furnishing and to supervise the carrying on of the work; and that the sum of 4281,000,00 be and hereby is appropriated for such construction, original equipping and furnishing, and that payment be provided by transfer of $11,000.00 from the Sale of Heal Estate Fund, by raising $55,000.00 in the current tax levy, and by the issue of bonds or notes of the Town for the balance of 4215,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby' is authorized to borrow the sum of 4215,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions Article 30. of Chapter 44 of the General Laws, as amended, within 557 (Cont. ) a period not exceeding twenty years. Standing vote taken as follows : In Favor Tellers Opposed 34 Alan G. Adams 5 96 Lincoln P. Cole, Jr. 12 r. Harold T. Handley 2 165 19 Carried 10 :10 P. M. — Article 31„ 'VOTED: To amend the General By-Laws by adding thereto a new article to read as follows : Article XXVIII. Town Celebrations Committee Section 1. There is hereby established a Town Cel- ebrations Committee to consist of nine registered voters of the Town. Members of the Committee shall be appointed by the Board of Selectmen. when first app- ointed, three members shall be appointed for three-year terms, three for two-year terms and three for one-year terms. Thereafter, three members shall be appointed each year for three year terms. Terms shall expire on April thirtieth, except that members shall continue in office until their successors have been duly appointed and qualified. Vacancies shall be filled by the Board of Selectmen for the balance of unexpired terms. Section. 2. The Committee shall be charged with planning and carrying out the proper observance of April nineteenth and of United Nations Day and of such other holidays and special events as the Selectmen may designate from time to time. Carried Unanimously 10:12 P. M. Article 32, VOTED: That the Selectmen be and hereby are authorized to grant a sewer easement to Frida Semler Seabury across the Maria Hastings School lot in consideration of the conveyance by said Frida Semler Seabury to the Town of a parbel of land that consists of p a roximate) P_ y 2.3 acres and abuts on said school lot and in which a sewer easement will be reserved; the instruments of conveyance to be in Such form and to contain such descriptions, terms and provisions as the Selectmen by the execution or acceptance thereof shall approve, Carried Unanimously 10:16 P4. H. - Richard H. Battin asks for ten minute recess. Town Meeting Members voted no recess. 10:16 P. M. Article 33. Presented by Selectman, Raymond W. James. VOTED: That the Selectmen be and herehy are authorized to acquire from Ars. W. John Baskin two parcels of land for playground and recreational purposes that are situated on and in the rear of Wyman goad in Lexington and are shown on land Court Plan No. 24306A as lots 36 and 23; said lot 36 being in the rear of Wyman Road, consisting of approximately 7,,6 acres and being offered to the Town as a gift, and said lot 23 fronting on Wyman Road, con- sisting of approximately 22,320 square feet and being offered to the Town at a ,nominal price of . 100.00 ; that the sum of 4100.00 be raised and appropriated therefor; and that, the meeting hereby records its appreciation of the generosity of Mrs. Baskin and her late husband. Carried Unanimously 10:20 P. M. Article 34. VOTED: That the Selectmen be and hereby are authorized to abandon the drainage easement extending from Winter Street along the common boundary between lots 8 and 9 on Winter.Street that was granted to the Town by deed of Lottie M. Kendrick dated August 24, 1948 and recorded in Middlesex South District Registry of Deeds in Book 7333, Page 90; that the minimum amount to be paid for such abandonment shall be 41.00; and that the instrument of ab:ndonment shall be in such form as the Selectmen, by the execution thereof, shall approve, Carried Unanimously 10:21 P. M. 558 Article 35. Presented by Charles G. Davis. VOTED: That the Moderator be and, he hereby is authorized and directed to appoint an Historic Document Committee of five residents of the Town, at least two of whom shall be selected from names submitted by the Council of the Lexington Historical Society, to make a study as to measures that might be -undertaken to preserve and per- petuate historic documents, papers, books, paintings and other material relating to the history of the Town, especially the collection that has been and is being gathered by Mr. Edwin B. Worthen, and to file a report with recommendations at the 1957 Annual Town Meeting. Carried Unanimously 10:25 P. M. Article 36. Presented by Hobert A. Coquillette. MOTION: That the Cary Memorial Library Addition Building Committee, appointed under the authority of the vote adopted under Article 41 of the warrant for the 1955 Annual Town Meeting, be and hereby is authorized on be- half of the Town to retain architectural services and obtain final plans and specifications for the construct- ion, original equipping and furnishing of an addition to the Cary Memorial Library' Building and- for the making of alterations in thepresentbuilding; to obtain bids and to enter into a contract or contracts therefor, and to supervise the carrying on of the work; and that the sum of 435,000.00 be and hereby is appropriated for alteration of the present building and, be provided by transfer from the Excess and Deficiency Account; and that the sum of 4357,000.00 be and hereby is appropriated for the con- struction, original equipping and furnishing of said addition and that payment be provided by the raising of 442,000,00 in the current tax levy and by the issue of bonds or notes of the Town for the balance of 4315,000000; and that the Treasurer, with the approval of the Select- men, be and he hereby is authorized to' borrow- the sum of 4315,000,00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chap- ter 44 of the General Laws, as amended, within a period not exceeding twenty years. Amendment offered by Town Counsel, Harold E, Stevens. VOTED: That the Cary Memorial Library Addition Building Committee_, appointed under the authority of the vote adopted under Article 41 of the warrant for the 1955 Annual Town Meeting, be and hereby is authorized on be- half of the Town to retain -architecturaL services and obtain final plans and specifications for the construct- ion., original equipping and furnishing of an addition to the Cary Memorial Library Building and fox' themaking of alterations in the present building; to obtain bids and to enter into a contract or contracts therefor, and to supervise the carrying on of the work; and that the sum of 435,000.00 be and hereby is appropriated for alteration of the present building and be provided by transfer from the Excess Rnd Deficiency Account; and that the sum of 4357,000..00 be and hereby is appropriated for the construction, original equipping and furnishing of said addition and that payment be provided by the raising of 462,000.00 in the current tax levy and by the issue of bonds or notes of the Town for the balance of 4295,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of 4295,000.00 and 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 twenty years. Amendment as presented carried unanimously. 10:30 P. M, Article 36i Amendment offered by Selectman, Haskell W. deed. a (Cont. ) MOTION: That the question of building :an addition to the Cary Memorial Library Building be referred back to the Gary Memorial Library Addition Building Committee with instructions to consider whether under all the cir- cumstances it would be more desirable to construct a new building for the Cary Memorial Library in another location and to report thereon at a subsequent Town Meeting held not later than the 1957 Annual Town Meeting. Amendment lost. 10 :53 P. M. Main motion as amended by Town Counsel, Harold. E. Stevens, voted. upon by standing vote as follows: In Favor Tellers : Opposed 39 Alan G. Adams 1 105 Lincoln P. Cole, Jr. 4 Harold T. Handley 1 179 6 Carried 10:55 P. M. Haskell W. Reed, Chairman, Board of Selectmen, moves that meeting be adjourned to Monday, April 2, 1956, 8 P. N., Cary Memorial Hall. So voted. 10:55 P. M. 411 / /. /Town Clerk. ADJOURNED TOWN MEETING HELD APRIL 2, 1956 Meeting called to order by the Moderator, Charles E. Ferguson at 8 :03 P, M. Invocation offered by Rev. Harold T. tiandley. 8:04 P. M. There were 182 Town Meeting Members present. Selectman, Haskell- 1A. 1:teed, moves to take up Article 2. _ Bertram P. Gustin read the report of the Temporary 1956 April 19th Celebrations Committee: INTERIM REPORT OF THE TEMPORARY 1956 APRIL, 19 CELEBRATIONS COMMITTEE The Town has now established a permanent By Law Celebrations Committee and we believe the following suggestions should be brought to the attention of the Town Meeting. 1. The April 19th Celebration should be in the form of positive evidence of American Liberty which was born in .1.exington. 2, A concerted effort be made to have representation and partici- pation of all organized groups within the Town. 3. The people make their desires and wishes known through elected representatives. niet It Begin Here" The 1956 Celebrations Committee Report was voted to be accepted and placed on file. Carried. Unanimously 8:07 P. N. 560 Selectman, Haskell W. aeed, moves to take up Article 37 . Article 37. VOTED: To raise and, appropriate the sum of 41,200.00 for the lease of voting machines by the Selectmen. Carried Unanimously 8:08 P. M. Article 38. Presented by Selectman, William E. Maloney. VOTED: To appropriate the sum of 414,208.00 for the purchase by or with the approval of the Selectmen of equipment for snow removal, of which 7,870.00 is to be transferred from the Excess and Deficiency Account, and the balance , of ,46,338.00 _is to be raised in the current tax levy. Amendment offered by:William C. Madden: _ MOTION: To appropriate the sum of 47,870.00 for the purchase by or with the approval of the Selectmen of equipment for snow removal and to provide for payment by transfer froth the Excess and. Deficiency Account, 8:11 P. m. Voice vote of the Town Meeting Members doubted. Standing vote taken as follows : In Paver Tellers Opposed 9 Tracy-W. Athes - 27 25 Murray G. Dearborn 74 14 Ernest A. Giroux 22 Amendment declared lost. 8:19 P. M. Main motion as presented carried unanimously 8:20 P. M. Article 39. Presented by Selectmen, William E. Maloney. VOTED: To raise and appropriate the sum of 41,550.00 for the purchase by the Selectmen of one automobile for use by the Building and Electrical Inspectors. Carried Unanimously 8:20 Po M. Charles E. Norris requests that Article 2 be opened. So voted. 8:21 P. M. Charles E. Norris read final report of the High School Building Committee which was voted' to be accepted, placed on file and the , committee discharged. 8:25 P. M. Article 40. Presentedby Charles Eo Norris. MOTION: That the unexpended balance of 46,339.36 remain- ing in the appropriation of 440,000,00 that was made under Article 4 of the warrant for the Special Town Meeting held on November 17, 1952 for the construction, original equipping and furnishing of the Veterans Memor- ial Library in the new high school building be trans- ferred to the School Committee to be expended by it from time to time in the purchase of books and equipment for and maintenance of the Veterans Memorial Library. Amendment offered by A. Edward Rowse : Voted to amend motion on Article 40 transferring the balance of Library fund to the Excess and Deficiency Account ($6,339,36) . 8:40 P. M. Vote as amended carried. 8:48 P. M. Article 41. Presented by Mildred B. Marek, Chairman, School Committee. MOTION: That the School Committee be and hereby is auth- orized on behalf of the Town to retain architectural services and obtain final plans and specifications for the constrAction, original equipping and furnishing of an addition to the Franklin School Building; to obtain bids and to enter into a contract or contracts for such con- ' 5r$1 Article 41. struction, original equipping and furnishing and to (Cont. ) supervise the carrying on of the work; and that the sum of 015,000.00 be and hereby is appropriated for such construction, original equipping and furnishing, and that payment be provided by raising 445,000.00 in the current tax levy and the issue of bonds or notes of the Town for the balance of 4470,000.00 ; and that the Treas- urer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of 4470,000.00 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 provis- ions of Chapter 44 of the General Laws, as amended, with- - - in a period not exceeding twenty years.: - Amendment offered by A. Edward Howse as follows : MOTION: That the Moderator be empowered to appoint a building committee to handle construction of the .Frank- lin. School Addition, one member of which shall be a member of the School Committee. 9:06 P. M. Town Counsel, Harold E. Stevens, suggests if, Mr. Howse would withdraw his amendment, he: would present a different amendment. 9:07 P. M. Amendment as presented by Mr. Dowse withdrawn. 9:07 P. M. Amendment offered by Town Counsel, Harold E. Stevens : I move to amend the motion by striking out the words "That the School Committee" and inserting in place thereof:- That the Moderator be and hereby is author- ized and directed to appoint a Franklin School Addition Building Committee of five residents of the Town, one of whom shall be a member of the Sehool Committee at the tune- of appointment; that said committee - so that the .............. motion as amended will read as follows: VOTED: That the Moderator be and hereby is authorized and directed to appoint a Franklin School Addition Building Committee of five residents of the Town, one of whom shall be a member of the School Committee at the time of appointment; that said''committee be and hereby is authorized on behalf of the Town to retain architect- ural services and obtain final plans and specifications for the construction, original equipping and furnishing of an addition to the Franklin School Building; to ob- tain bids and to enter into a contract or contracts for such construction, original equipping and furnishing and to supervise the carrying on of the work; and that the sum of 4515,000.0.0 be and hereby is appropriated for such construction, original equipping and furnishing, . and that payment be provided by raising 445,000.00 in the current tax levy and the issue of bonds or notes of the Town for the balance of 4470,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of 4470,000.00 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 .maws,. as amended, within a period not exceeding twenty years. 9:10 P. M. Amendment adopted unanimously. 9:12 P. M. Question on adoption of amended - by voice vote not unanimous . . mot' P ion. as 9:22 P. A. - Standing vote taken as follows : In Favor Tellers Opposed 39 Tracy W. Ames 0 125 Murray G. Dearborn 1 35 Ernest A. Giroux 0 199 1 Motion as amended carried 9:35 P. M. 562 Article 42. Presented by Mildred B. Marek. VOMD: To raise and appropriate the sum of 42,000.00 to be expended by the School Committee to pay building custodians when required to be in attendance in school buildings after working hours while portions of the buildings- are in, use by community youth groups whose program and purpose is educational and in which membership is limited to a maximum age of eighteen but is otherwise open to all youth of the town, such as the Boy Scouts, Girl Scouts, 4-H Club and Boys ' Club. Carried 9:40 P. M. Article 43. VOTED:- That the Moderator be and he hereby is author- ized and directed to appoint a School Sites Committee of Presented five residents of the Town to study and make recommenda- by tions as to a site for an additional junior high school Mildred building and as to sites for additional elementary schools B. and report thereon at a subsequent town meeting, and with Marek the authority to obtain options on land that it rec- ommends be- acquired for such purposes, and to raise and appropriate the sum of 45,000,00 for the expenses of the Committee. Carried 9:41 P. M. Article 44. Presented by Alan G. Adams. VOWED: That the Selectmen be and hereby are authorized and directed to petition the General Court for the en- actment of legislation authorizing the establishment of historic districts in the Town and providing for an Historic Districts Commission substantially in accordance with the proposed legislation prepared and recommended by the Planning Board and filed with the Town Clerk on March 2, 1956, with the following changes : 1. SECTION 2. Creation of Districts -- The descript- ion of: the battle Green District shall be changed to read as follows : Beginning at a point in the northwesterly property line of the municipal parking area between Waltham and Muzzey Streets three hundred feet distant southwesterly from the southwesterly line of Massachusetts Avenue, thence northwesterly and then westerly along a line distant three hundred feet southwesterly and then southerly from and parallel to the southwesterly and southerly line of Massachusetts Avenue to the westerly line of Forest Street, thence northerly along said westerly line of Forest Street and said westerly line extended to a point on the northerly line of Massachu- setts Avenue, thence northwesterly along a straight line to a point in the southeasterly line of Worthen : Eoad distant eleven hundred feet southwesterly from the westerly line of Bedford Street, thence north- easterly along said southeasterly line of Worthen Poad seven hundred feet to a point, thence easterly along a straight line to the intersection of the westerly line of the railroad right of way with the northerly lot line of the property now numbered twenty-one Bedford Street, thence southeasterly alongca straight line to a point in the northeasterly lot line of the railroad property three hundred and seventy feet distant south- easterly from the southeasterly line of Meriam Street, thence southwesterly along a straight line to the point of beginning, 2. SECTION 3, Definitions -- The definition of the term "Structure" shall be changed to read as follows: - a combination of materials, other than a building, sign or billboard. Article 44. 3. SECTION 5._ - Limitations -- Paragraph (d) shall be563 (Cont. ) changed to read as follows : No occupational, commercial, or other sign, except asprovided under Section 6 of this act, and no bill- - board shall be erected or displayed on any lot, or the exterior of any building or structure within said dis- tricts unless and until an application for a certificate of appropriateness shall have been filed with the Commission and said certificate shall have been issued by the Commission. In the case of any such sign or billboard erected or displayed prior to the effective date of this act, five years subsequent to the effective date of this act shall be allowed for the obtaining of a certificate or appropriateness where said certificate is required under this paragraph. 4. SECTION 6. exclusions -- The, paragraph numbered 2 shall be changed to read as follows : (b) The following structures and signs may be erected or displayed within the historic districts without the filing of an application for, or the issuance of, a certificate of appropriateness : (1) . Temporary structures or signs for use in conn- ection with any official celebration or parade or any charitable drive in the town, provided that any such structure or sign shall be reinoved within three days following the termination of the celebration, parade or sharitable drive for which said structure or sign shall have been erected or displayed. Any other temp- orary structures or signs which the commission shall determine from time to time may be excluded from the provisions of Section 5 without substantial derogation from the intent and purposes of this act. .........._.. (2) . deal Estate signs of not more than three square feet in area advertising the sale or rental of the premises on which they are erected or displayed. (3) . Occupational or other signs of not more than one square foot in area and not more than one such sign, irrespective of size, bearing the name, occupation or address of the occupant of the premises on which such sign is erected or displayed where such premises are located within an R-1 One family dwelling district as defined in the Zoning By-Law of the Town of Lexington. 5. SECTION 9. Powers, Functions, and Duties of Comm- ission A. The last paragraph of subdivision (a) shall be changed to read as follows : The concurring vote of three members of the Commission shall be necessary to make a deter'raination in favor of the applicant on any matter upon which the Commission is required to pass under this act* B. Subdivision (f) shall be changed to read as follows : The Commission shall file with the town clerk a notice of all determinations made by it and approvals of an application through failure of the Commission to make a determination within the time allowed under Section 8 of this act, except that no notice of a determination that an applicat,ion for a certificate of appropriateness does not involve any exterior architectural feature shall be filed. 564 Article 44. 6. SECTION 10. Appeals ---The first paragraph shall (Cont. ) be changed to read=as follows : Any person aggrieved by a determination of the Commission or by an approval of an application through failure of the Commission to make a determination with- in the time allowed under Section 8 of this act may, within fifteen days after the filing of a notice of such determination or approval with the town clerk, appeal to the superior court sitting in equity for the county of Middlesex. The court shall hear all pertin- ent evidence and determine the facts and if, upon the facts so determined, such determination or approval is found to exceed the authority of the Commission, the court shall annul such determination or approval and remand the case for further action by the Commission. The remedies provided by this section shall be ex- clusive; but the parties shall have all- rights of appeal and exception as in other equity cases, Carried 9:55 P. M. Article 45. Presented by Selectman, Haskell W. Reed. MOTION: To create an Additional Fire Station Committee consisting of one member of the Board of Selectmen, one member of the Planning Board, one member of the Appro- priation Committee and two members of the Board of Fire Commissioners,' the members to be designated by the Chairman of the respected Board or Committee, to review the recommendation of the Board of Fire Commissioners that the. Town construct an additional fire station on the parcel of land now owned by the Town that is sit- uated on Marrett Road near the reservoir and with auth- ority, if the Committee concurs in such recommendation of the Board of Fire Commissioners, to retain architect- ural services and obtain preliminary plans, specifications and cost estimates for the construction, original equipp- ing and furnishing of a fire station on said parcel of land, and to report to the 1957 Annual Town Meeting, and that the sum of 41,000.00 be raised and appropriated for the expenses of the Committee, Amendment presented by William C. Madden: I move to amend the motion by striking out the words "with authority, if the Committee concurs in such rec- ommendation of the Board of Fire Commissioners, to re- tain architectural services and obtain preliminary plans, specifications and cost estimates for the con- struction,, original equipping and furnishing of a fire station on said parcel of land, and" , and by striking out also the words "and that the sum of 4,1,000.00 be raised and appropriated for the expenses of the Comm- ittee" . 10:05: P. M. Amendment adopted. 10:05 P. M. Vote as amended carried 10:06 P. M. Article 46, Presented by Alan G. Adams. VOTED: That the name of Quincy Avenue, an unaccepted way extending from Liberty Avenue to Revere Street, be changed to the name of Liberty Avenue. Carred Unanimously 10:07 P. M. Selectman, Haskell W. need moves to take upArticles 47 through > g 62 inclusive . No objections. 10:07 P. M. Article 47, VOTED: To establish as a town way, and accept the lay- out of as a town way, Bernard street, from Bedford Street northeasterly, approximately 1027 feet to Justin 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 October 7, 1955 and to authorize the Sel- ectmen to take by eminent domain, purchase or otherwise Article 47. wise acquire any fee, easement or other interest in 545 (Cont. ) land necessary therefor. Carried Unanimously 10:08 P. M. Article 48. VOTED: To establish as a town way, and accept the lay- out of as a town way, Calvin Street from Ivan Street northeasterly approximately 750 feet to Justin 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 October 7, 1955 and to authorize the Sel- ectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest inland necessary therefor. Carried Unanimously 10:09 P. M. Article 49. VOTED: To establish as a town way, and accept the lay- out of as a town way, Dona1dS reet from Iv an Streetreet northeasterly approximately 750 feet to Justin 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 October 7, 1955 and to authorize the Sel- ectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest inland necessary therefor, Carried Unanimously 10:10 P. M. Article 50. VOTED: To establish as a town way, and accept the lay- out of as a town way, Eldred Street from Bedford Street northeasterly approximately, 1050 feet to Justin 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 October 7, 1955 and to authorize the Select- men.to take by eminent domain, purchase: or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:10 P. M. Article 51, VOTED: To establish as a tow{ way, and accept the lay- out of as a town way, Iva_ Street from Eldred §treet southeasterly approximately 830 feet to beyond Bernard Street as laid out by the Selectmen under the Betterment Act, and: shown upon plan on file in the office of the p Town Clerk, dated October 7, 1955 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 10:11 P. M. Article 52. VOTED: To establish as a town way, and, accept the lay- out of as a town way, Grapevine Avenue from Kendall Road northwesterly approximately 1150 feet to Waltham Street as laid out by the Selectmen under the Betterment Act, and- sr own upon a plan on file in the office of the Town Clerk, dated January 3, 1956 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 10:11 P. M. Article 53. VOTED: To establish as a town way, and accept the lay- out of as a town way, Howland Avenue from Massachusetts Avenue southwesterly approximately 360 feet 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 3 , 1956 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 10:12 P. Iii, Article 54. VOTED: To establish as a town way, and accept the lay- out of as a town way, Daniels Street from Taft Avenue southerly approximately 500 feet as laid out by the Sel- ectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated May 10, 1955 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 10:12 P. M. 566 es,7 Article 55. VOTED: To establish as a town way, and accept the lay- out of as a town way, Wallis Court from Massachusetts tV Avenue southwesterly approximately 258 feet as laid out C7 by the Selectmen under the Betterment Act, and,shown upon a plan on file in the office of the Town Clerk, dated October 19, 1955 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 10:13 ,P. M. Article 56. VOTED: To establish as a town way, and accept the lay- out of as a town way, lichols Road from Preston Road northeasterly approximately 530 feet to Blake Road 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 December 5, 1955 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 10:13,P. M. Article 57, VOTED: To establish as a town way, and accept the lay- out of as a town way, Jackson Court from Parker Street northeasterly approximately 255 feet 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 10, 1956 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 10:14 P. M. Article 58, VOTED: To establish as a town way, and accept the lay- - out of as a town way, Blake Rcad from Simonds Road southeasterly approximately 570 feet to Preston Road 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 3, 1956 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 10:14 P, M. Article 59. VOTED: Tp establish as a town way, and accept the lay- out of as a town way, Henderson Road from Burlington Street southwesterly approximately 585 feet to Blake Road 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 August 25, 1955 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 10:15 P. M. Article 60. VOTED: To establish as a town way, and accept the lay- out of as a town way, Pearl Street from Bartlett Avenue southerly approximately 375 feet as laid out by the Sel- ectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1956 and to authorize the Selectmen: to take by em- inent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:15 P. M. Article 61, VOID: To establish as a town way, and accept the lay- out of as a town way, Arcola Street from Bartlett Avenue southerly approximately 395 feet as laid out by the Sel- ectmen under the Betterment Act, and, shown upon a plan on file in the office of the Town Clerk, dated January 10, 1956 and to authorize the Selectmen to take by em- inent domain, purchase or otherwise acquire any fee, easement or other interest in land, necessary therefor. Carried Unanimously 10:16 P. M. 567 Article 62. VOTED: To establish as a town way, and accept the layout of as a town way, Milk Street from Carley Road southeasterly approximately 685 feet to Hill Street as laid out by the Selectmen under the Betterment Act, and shown upon a pThn on file in the office of the Town Clerk, dated January 10, 1956 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 10:17 P. M. VOTED: To appropriate for land acquisition and for construction of the ways enumerated in Articles 47 to 62 inclusive the sum of 4170,000.00, and, to provide for payment thereof by the transfer of 470,000.00 from the Excess and Deficiency Account and by the issue of bonds or notes of the Town for the balance of 4100,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $100,000.00 and 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 10 :19 P. M. Selectman, Haskell W. Reedasks to have Articles 63 and 65 taken up together. No objections from tVown Meetint. 10:20 P. M._) - ,1 iq. Article 64. VOTED: That Articles 64 and 66 to 70 inclusive be indefinitely postponed. Carried Unanimously 10:21 P. M. Article 71! Presented by Selectman, Haskell W. Reed. VOTED: To amend Article XXVI of the General By-Laws by renumbering the present sections thereof, except Section 1 and. Section 3, to conform to the following numbers : Section 2. The fees for storage of gasoline under General Laws, Chapter 48, Section 13, as amended, shall be as follows : For issuing the original license, 41.00 plus a reason- able charge for advertising. For each annual certificate of registration, 4.50. Section 4. No person, , except an officer of the law in the performance of his duties, shall enter upon the premises of another with the in- tention of peeping into the windows of a house or spying upon in any manner any persons therein. Section 5, The Board of Appeals established under the Zoning By-Law shall be and shall act as the Board of Appeals under the Sub-division Control Law, being Sections 81K to 81GG inclusive of Chapter 41 of the General Laws, and any acts in amendment thereof or in addition thereto. Carried Unanimously 10:23 Pe M. Article 72. Presented by Lois W. Brown. VOTED: That the Selectmen be and hereby are authorized and directed to petition the General Court for legisla- tion to amend the provisions for filling unexpired terms of town meeting members in Chapter 215 of the Acts of 1929, being the act establishing the representative town meeting form of government in Lexington, by inserting in . ection 2 immediately prior to the next to the last sentence; a new sentence in substantially the following form: 68 • ".7114! Article 72. Such vacancy or vacancies shall be filled, in the (Cont. ) order of votes received at each annual town election, from among those candidates in their respective prec- incts who fail of election to a term of three years, Carried Unanimously 10 :27 P. M. Article 73. Presented by Lois W. Brown. VOTED: . That the Selectmen be and hereby are authorized and directed to petition the General Court for legisla- tion to amend the provisions of Chapter. 215 of the Acts of 1929 which relate to the filling of 'vacancies in the total number, of. town meeting members from any precinct, said statute being the act establishing the representa- tive town meeting form of government in Lexington, by striking out Section 7 and inserting in place thereof a new Section 7 in substantially the following form: Section 7. Any vacancy in the full, number of town meeting members from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other , cause, shall be filled until the next annual election by the selection by the town clerk of the person who received the • highest number of votes as a defeated candidate for the office of town meeting member in the preceding election In the precinct where the vacancy occurs and the town clerk shall promptly notify such person of his election as a town meeting member. If for any reason such person cannot or does not accept such office, the next highest in recorded vote of the defeated candidates in that precinct shall be similarly selected. In the event of a tie vote of those who received the highest votes as such defeated candidates, or in the event there is no such defeated candidate ayailable, the town clerk shall call a special meeting of the town meeting members from the precinct where the vacancy occurs for the purpose of so filling the vacancy from among those having the tie votes or,, if no tie vote is involved, from among the registered voters of the precinct and shall cause to be mailed to every such town meeting member, not less than seven days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk The choice to fill any vacancy shall be by written ballot and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and, shall make a certificate of the choice and forthwith file the same with the town clerk, together with a written acceptance by the member or members so chosen who shall thereupon: be deemed elected and qualified a town meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifications of the members as set forth in section three, Carried Unanimously 10;34 P. M. 569 Article 75 . Presented by Selectman, Haskell W. Heed. VOTED: That this article be indefinitely postponed. Carried Unanimously 10 :34 P. H. Selectman, Haskell W. Reed, moves that all articles being disposed of, that meeting be dissolved. Carried Unanimously 10:35 P. M. _ 1 _ , , . Siii ---- ii. .. ....,. _ -,L ..46.111-0. tratAit A / Town Clerk . , , . I - 1 I • 1 I , 1 „ - , DEMOCRATIC PARTY (CONT. ) S iFE'RJ 'F Pr®1 Pri,2 Pr;3 Pr.4 Pr,5 Pr.6 Total Howard W. Fitzpatrick 112 11981 72 73 501 Blanks ...2168 82 2 2 6 183 11 7 T - 95 13 96 757 DISTRICT ATTORNEY Vincent A. Burns 13 12 6 7 5 13 56 John C. Carr, Jr. 11 1 16 8 31 Joseph V. Carroll 11 7 L. 4 3 6 35 Thomas F. Casey 5 1 0 2 12 Edward A. Counihan, III 22 28 8 21 7 12 98 John F. Cremens 26 30 5 15 10 7 93 James L. O'Dea, Jr. 26 42 15 47 31 19 180 Irving L. Stackpole 9 12 3 3 3 5 35 John J. Tobin 2 2 1 3 3 0 11 Andrew T. Trodden 22 23 11 1)1 12 13 95 John F. Zamparelli 21 17 5 11 11 5 70 Blanks 1� d183 1 7 13 4 9 757 A true copy, Attest: Ilk .,. tea; ;,j. v ,, /( To . Clerk ATTORNEY GENERAL'S APPROVAL OF ARTICT,F, 71 AS PASSED AT THE ADJOURNED TOWN METING HELD APRIL 2, 1956 Article 71. Presented by Selectmen, Haskell W. Reed. -VOTED: To amend Article XXVI of the General By-Laws by renumbering the present sections thereof, except Section 1 and Section 3, to conform to the following numbers: Section 2. The fees for storage of gasoline under General Laws, Chapter 48, Section 130 as amended, shall be as follows: For issuing the original license, 0..00 plus a reasonable charge for advertising. For each annual certificate of registra- tion, .50. Section L . No person, except an officer of the law in the performance of his duties, shall enter upon the premises of another with the intention of peeping into the windows of a house or spying upon in any manner any persons therein. 581 ATTORNEY GENERAL1S APPROVAL OF ARTICLE 71 (CONT. ) Section 5. The Board of Appeals established under the Zoning By-Law shall be and shall act as the Board of Appeals under the Sub-division Control Law, being Sections 81K to 81GG inclusive of Chapter 41 of the General Laws, and any acts in amendment thereof or in addition thereto. Carried Unanimously 10:23 P. M. own Clerk Lexington, Mass. , May 25, 1956 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 71 as passed at the Adjourned Town Meeting held April 2, 1956 and as same appears on record. own Clerk 11('''''i)P . 11..... Boston, Mass. , July 18, 1956 The foregoing amendment to by-laws is hereby approved. /Signed/ George Fingold Attorney General ATTORNEY GEIERALt S APPROVAL OF ARTICLE 31 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 26, 1956 Article 31. VOTED: To amend the General By-Laws by adding thereto a new article to read as follows: Article XXVIII. Town Celebrations Committee Section 1. There is hereby established a Town Cel- ebrations Committee to consist of nine registered voters of the Town. Members of the Committee shall be appointed by the Board of Selectmen. When first app- ointed, three members shall be appointed for three-year terms, three for two-year terms and three for one-year terms. Thereafter, three members shall be appointed each year for three year terms. Terms shall expire on April thirtieth, except that members shall continue in office until their successors have been duly appointed and qualified. Vacancies shall be filled by the Board of Selectmen for the balance of unexpired terms. Section 2. The Committee shall be charged with planning and carrying out the proper observance of April nineteenth and of United Nations Day and of such other holidays and special events as the Selectmen may designate from time to time. Carried Unanimously 10:12 P.M. t 1 W Town Clerk 582 te,,7 ATTORNEY GENERAL'S APPROVAL OF ARTIC1 31 (CONT. ) nrj Lexington, Mass. , May 17, 1956 C° 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 31 as passed at the Adjourned Town Meeting held March 26, 1956 and as same appears on record. Town Clerk Boston, Mass. , July 18, 1956 The foregoing amendment to by-laws is hereby approved. /Signed/ George Fingold Attorney General Chapter 511 THE COMMONWEALTH OF MASSACHUSETTS: In the Year One Thousand Nine Hundred and Fifty-five AN ACT AUTHORIZING THE TOWN OF LEXINGTON TO SELL WATER TO THE BURLINGTON WATER DISTRICT, AND AUTHORIZING SAID DISTRICT TO PURCHASE WATER FROM SAID TOTT. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. The town of Lexington may furnish and sell water to the Burlington water district, which is hereby authorized to purchase water so sold. Water so furnished and sold shall be at a rate or rates to be mutually agreed upon between said town and said district acting by the selectmen of the town of Lexington and the commissioners of the Burlington Water District, In case of such sale, the Burlington Water District may, at its own expense, make such extensions of its water mains and such installation of other facilities and equipment within the limits of the town of Burlington as may be necessary for the purposes of this act. SECTION 2. This act shall take effect upon its passage. House of Representatives, June 27, 1955 Passed to be enacted, /S/ Michael F. Sperry Speaker. In Senate, June 28, 1955 Passed to be enacted, /S/ Richard I. Furbush President. July 5, 1955 Approved, at 2 o ' clock and 7 minutes, P.M. /Signed/ Christian A. Herter Governor. 583 SPECIAL TOWN MEETING HELD OCTOBER 1, 1956 Meeting called to order by the Moderator, Charles E. Ferguson. 8:05 P. M. Invocation offered by Rev. Floyd J. Taylor. 8:07 P. M. There were 153 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading was unanimously waived. 8:07 P. M. The Town Clerk read the Constablefs Return of the warrant. 8:08 P.M. Article 1. William C . Madden, Chairman of the Appropriation Comm- ittee, presented the report of the Appropriation Comm- ittee which was voted to be accepted and placed on file. 8:08 P. M. Article 2. Presented by Edward T. Martin of the School Committee. VOTED: That the sum of S79,000.00 be and hereby is appropriated as a supplementary appropriation to be used in conjunction with and in addition to the sum of 5515,000.00 already appropriated, under Article 41 of the Warrant for the 1956 Annual Town Meeting, for the con- struction and original equipping and furnishing of an addition to the Franklin School building, and that' pay- ment be provided by the transfer of $19,000.00 from the Excess and Deficiency Account and by the issue of bonds or notes of the Town for the balance of $60,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $60,000.00 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 exceeding twenty years. After general discussion from various Town Meeting Members the article was voted on as presented and carried unanimously. 9:04 P.M. Motion by Haskell W. Reed, Chairman, Board of Selectmen, that meeting be adjourned. Carried unanimously 9:04 P. M. Toga Clerk