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HomeMy WebLinkAbout1954-03-15 to 1954-03-22-ATM-min 62 (See Warrant Book - Page ANNUAL TOWN MEETING HELD MARCH 15, 1954 C1) Meeting called to order by the Moderator, Charles E. Ferguson. 8:07 P. M. There were 186 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading as waived by motion . 8:08 P. M. James J. Carroll, Town Clerk, read the Constable's Return. 8:08 P. M. Article 2. Gardner C. Ferguson , Chairman of the Appropriation Commit- tee presents Appropriation Committee report accepted and filed. 8:09 P. M. Gardner C. Ferguson of the Appropriation Committee recommends the appropriation of $100.00 under Articles 48-69 inclu- sive. Haskell W. Reed presents the report of the Committee on Cary Lectures to be accepted and placed on file , and the Committee discharged. 8:10 P. M. Leon W. Bateman presents report of Refuse and Garbage Disposal Study Committee to be accepted, placed on file, and Committee discharged. 8:10 P. M. Sanborn C. Brown, Chairman, presents the report of the Capital Expenditures Committee to be accepted, placed on file , and the Committee to be discharged: 8:08 P. M. Martin A. Gillman , Chairman, presents the report of the Youth Study Commission to be accepted, placed on file, and the Committee to be discharged. 8:10 P. M. Paul K. Palmer, Chairman , presents the report of the School Street School Committee to be -accepted and placed on file. 8:11 P. M. Donald K. Irwin , Chairman of the Building and Plumbing By- Laws Study Committee presents report as a report of progress. 8:14 P. M. Article 3 . Presented by Haskell W. Reed. VOTED : That a Committee of three be appointed by the Mod- erator to have charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried Unanimously 8: 15 P. M. Presented by Haskell W. Reed. VOTED : That the Moderator be and hereby is authorized and directed to appoint a committee of five registered voters of the Town , to be known as the Capital Expenditures Com- mittee , to make a thorough study of the capital expenditure projects that may be required by the Town within the five year period of 1955 to 1959 inclusive and to file a report at the next annual Town Meeting setting forth all such pro- jects together with the committee 's recommendations as to the projects that should be undertaken within the five year period and the year in which each recommended project should be started. Carried Unanimously 8:19 F. M. Article 4. VOTED : That the following amounts be appropriated for 463 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: Appropriation Committee Personal Services 600.00 Expenses 1,250.00 Carried Unanimously 8:17 P. M. Selectmen' s Department Personal Services 8,497.80 Expenses 2,807.00 Carried Unanimously 8:17 P. M. Accounting Department Personal Services 9,940.44 Expenses 500.00 Carried Unanimously 8:17 P. M. Town Clerk & Town Treasurer's Dept. Personal Services 7 ,009.60 Expenses 1,925.00 Carried Unanimously 8:29 P. M. Parking Meter Maint.-Jurisdiction Town Treas. Expenses 125.00 (This amount to be transferred from the Parking Meter Account) Carried Unanimously 8:29 F . M. Collector's Department Personal Services 5,355.80 Expenses 3 ,450.00 Carried Unanimously 8:30 E. M. Assessors' Department Personal Services 13 ,927.71 Expenses 1,850.00 Carried Unanimously 8:30 P. M. Law Department Personal Services 4,000.00 Special Fees 5,000.00 Expenses 1,500.00 Carried Unanimously 8:30 P. M. Elections Dept .-Jurisdiction Selectmen Expenses 3 ,845.71 Carried Unanimously 8:30 P. M. Elections Dept .-Jurisdiction Town Clerk Expenses 625.00 Carried Unanimously 8:30 P. M. Registrations Department Personal Services 1,122.00 Expenses 750.00 Carried Unanimously 8:31 P. M. Public Works Supt . 's Office Personal Services 25,476.78 Expenses 530.00 464 Gardner C. Ferguson offers the following amendment : Proposed Amendment to Motion under Article of the Warrant. Mr. Moderator: I move to amend the motion by substituting the amount of $251099.72 instead of the amount of $25,476.78 for Superintendent of Public Works Personal Services. Question on amendment by voice vote doubtful. Standing vote taken as follows: In Favor Tellers Opposed 10 Alan G. Adams 29 54 William F. Downe 48 19 Robert C. Merriam 19 83 96 Amendment Lost 8:57 P. M. Public Works Supt. ts Office Personal Services 25,476.78 Expenses 530.00 Carried Unanimously 8: 57 P. M. Town Offices & Cary Memorial Bldg. Personal Services 91711.88 Expenses 13 ,735.00 Carried Unanimously 8: 57 P. M. Engineering Department Personal Services 18,019.99 Expenses 1,220.00 Carried Unanimously 8: 57 P. M. Board of Appeals Expenses 1,153 .00 Carried Unanimously 8:57 P. M. Planning Board Expenses 1,500.00 Carried Unanimously 8: 58 P. M. Police Department Personal Services 112,135 .19 Expenses 10,806.90 Carried Unanimously 8: 58 P. M. Parking Meter Maint. -Jurisdiction Police Expenses 250.00 (This amount to be transferred from the Parking Meter Account ) Carried Unanimously 8: 59 P. M. Fire Department Personal Services 137,974.60 Expenses 21,970.00 Carried Unanimously 8: 59 P. M. Civilian Defense Expenses 700.00 Carried Unanimously 8: 59 P. M. 465 Building & Plumbing Department Personal Services 6,090.61 Expenses 4,095.00 Carried Unanimously 8: 54 P. M. Wire Inspector Personal Services 2,000.00 Expenses 700.00 Carried Unanimously 8: 55 P. M. Sealer of Weights & Measures Personal Services 800.00 Expenses 424.00 Carried Unanimously 8: 55 P. M. Insect Suppression Wages & Expenses 5,058. 56 Carried Unanimously 8: 55 P. M. Shade Trees Wages & Expenses 15, 543. 56 Carried Unanimously 8: 55 P. M. Forest Fires Personal Services 50.00 Wages & Expenses 500.00 Carried Unanimously 8: 55 P. M. Dog Officer Personal Services 235.00 Expenses 650.00 Carried Unanimously 8: 55 P. M. Health Department Personal Services 4,726.19 Expenses 12,915. 50 Carried Unanimously 8:55 P. N. Dog Clinic Expenses 501.90 Carried Unanimously 8: 56 P. M. Dental Clinic Personal Services 2,924.00 Expenses 580.00 Carried Unanimously 8: 56 P. M. Posture Clinic Personal Services 1,284.50 Expenses 57.00 Carried Unanimously 8: 56 P. M. Vital Statistics Expenses 25.00 Carried Unanimously 8:56 P. M. Animal Inspection Personal Services 680.63 Carried Unanimously 8: 57 P. M. Sewer Maintenance Wages & Expenses 7,370.00 Carried Unanimously 8:57 P. M. 466 = Sewer Services (T. Wages & Expenses 34,100.00 Carried Unanimously 8: 57 P. M. Garbage Collection Wages & Expenses 25 ,993 . 50 Carried Unanimously 8: 58 P. M. Care of Dumps & Removal of Ashes Wages & Expenses 15,000.00 Carried Unanimously 8: 58 P. M. Public Works Building Wages & Expenses 13 ,910.00 Carried Unanimously 8: 58 P. M. Highway Maintenance Wages & Expenses 70,000.00 Street Construction - Sundry Streets 39,343 .40 (Of which '')8,000.00 is to be transferred from the Bedford Sewer Connection Fund; and $31,343.40 is to be transferred from the Excess & Deficiency Account ) Carried Unanimously 8: 59 P. M. Highway Department - Road Machinery Wages & Expenses 23 ,600.00 (Of which $18,711.22 is to be transferred from the Road Machinery Fund) Carried Unanimously 8: 59 P. M. Snow Removal Wages & Expenses 40,000.00 Carried Unanimously 8: 59 P. M. Traffic Regulations & Control Wages & Expenses 3 ,825.00 Carried Unanimously 8: 59 P. M. Street Lights Expenses 35 , 500.00 Carried Unanimously 8: 59 P. M. Street Signs Expenses 1,150.00 Carried Unanimously 9:00 P. M. Public Welfare Department Personal Services 7 ,000.00 Administration 925.00 Aid & Expenses 16,000.00 Carried Unanimously 9:00 P. M. Disability Assistance Aid & Expenses 11,000.00 Carried Unanimously 9:00 P. M. Dependent Children Aid & Expenses 12,354.00 Carried Unanimously 9:00 P. M. A47 Old Age Assistance Aid & Expenses 85 ,900.00 Carried Unanimously 9:00 P. M. Veterans' Services Personal Services 1,560.00 Administration 350.00 Aid & Expenses 10,000.00 Carried Unanimously 9:00 P. M. Soldiers Burials Expenses 150.00 Carried Unanimously 9:00 P. M. School Maintenance Personal Services 725 ,820.66 Expenses 177,963.00 Americanization Classes 208.00 Vocational Education-Tuition 5 ,881.00 Handicraft Classes 7 ,110.50 Out of State Travel 500.00 Athletics 12,892.66 Carried Unanimously 9:01 P. M. Cary Memorial Library Personal Services 35, 536 90 Expenses 16,572.28 (In addition to the amount of 82,797.72 received from the County for Dog Licenses) Carried Unanimously 9:01 P . M. Parks Wages & Expenses 24,622.88 Carried Unanimously 9:01 P. M. Recreation Committee Personal Services 7,025.00 Expenses 13 ,295.00 Carried Unanimously 9:02 P. M. Contributory Retirement System Pension Accumulation Fund 22,147.11 Carried Unanimously 9:02 E. M. Contributory Retirement System Expenses 325.00 Carried Unanimously 9:02 P. M. Patriots' Day Expenses 2,000.00 Carried Unanimously 9:02 P . M. Memorial Day Expenses 4.22.50 Carried Unanimously 9:03 P. M. Armistice Day Expenses 125.00 Carried Unanimously 9:03 P. M. Insurance Premiums 27 ,000.00 Carried Unanimously 9:03 P. M. 468 Printing Town Report Expenses 1 ,724.20 Carried Unanimously 9:03.P. M. Ambulance Maintenance Expenses 450.00 Carried Unanimously 9:03 P . M. Administration of Trust Funds Expenses 175.00 Carried Unanimously 9:03 P. M. Unclassified Expenses 1,050.00 Carried Unanimously 9:03 P. M. Water Maintenance Wages & Expenses 38,528.75 Carried Unanimously 9:03 P. M. Water Services Wages & Expenses 38,000.00 Carried Unanimously 9:04 P . M. Cemetery Maintenance Personal Services 1,900.00 Wages & Expenses 24,000.00 (Of which $1,250.00 is to be transferred from the Income Trust Fund - Westview Cemetery; and $750.00 is to be trans- ferred from the Income Trust Fund - Munroe Cemetery) Carried Unanimously 9:04 P. M. All items under Article Four Carried Unanimously 9:04 P. M. AND FURTHER MOVED: That the following amounts be appropriated Interest on Debt Interest 62,765.00 Carried Unanimously 9:05 P. M. Maturing Debt 349,000.00 Carried Unanimously 9:05 P. M. and to be provided as follows: $74.03 is to be transferred from Premiums on Loan Account ; $8,854. 52 is to be transferred from the School Reimbursement Fund; $45,000.00 is to be transferred from the Bedford Sewer Connection Fund ; $15 ,071.45 is to be transferred from the Water Department Available Surplus; and $280,000.00 is to be raised in the current tax levy. Carried Unanimously 9:05 P. M. All Articles presented by Haskell W. Reed, Chairman , unless other- wise noted. 469 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, 1955, 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 9:06 P. M. Article 6. VOTED : To establish the salary and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes at the following annual rates: Town Treasurer $2,500.00 Town Clerk 2,700.00 Town Collector of Taxes 5 ,200.00 the increase over the rates established last year to become effective April 1 , 1954, and to raise and ap- propriate therefor the sum of $10.299.68. Carried Unanimously 9:08 P. M. Joseph E. Belcher, Chairman , Committee on Town Manager Selectmen form of administration presents report offering the following motion: Article 41. VOTED : That the report of the Town Manager Plan Com- mittee be accepted and placed on file and that the Com- mittee be authorized to prepare and submit to the 1955 Annual Town Meeting proposed legislation to establish a Town Manager-Selectmen form of government for the Town of Lexington , and to raise and appropriate S500. for the expenses of said Committee. Charles E. Davis presents the following amendment: VOTED : That the report of the Town Manager Plan Com- mittee be accepted and placed on file and that the Com- mittee be authorized to prepare and submit to the 1955 Annual Town Meeting or Special Town Meeting if such should be called sooner, proposed legislation to estab- lish a Town Manager-Selectmen form of government for the Town of Lexington , and to raise and appropriate 8500. for the expenses of said Committee. Amendment as presented adopted voice vote. 9:07 P. M. Donald E. Nickerson presents the following Amendment : Amendment to Motion under Article 41 of the Warrant Mr. Moderator: I move to amend the motion by striking it out and inserting in place thereof the following: That the report of the Town Manager Plan Committee be accepted and placed on file and the Committee discharged. Amendment presented by Donald E. Nickerson declared lost by voice vote. 9:31 P. M. Article 41, as presented by Joseph E. Belcher containing Amendment of Charles E. Davis carried by voice vote. 9:32 P. M. Article 7, indefinitely postponed. Carried Unanimously 9:33 P. M. 470 Article 8. VOTED : To raise and appropriate the sum of S4,700.19 for the unpaid bills for prior years of the following accounts: Board of Appeals Adams Press, Inc. $ 38.27 Public Welfare - Aid & Expenses Town of Arlington 3 ,577.96 New England Hospital 2.00 Haynes Memorial Hospital 468.00 Highway Chapter 90 Hill Street E. W. Giles 259.54 Unclassified Boston Edison Company 6.30 Water Maintenance Boston & Maine Railroad 6.62 School Dept. - Custance Bros . 341.50 Carried Unanimously 9:34 P. M. Article 9. VOTED : To appropriate 320,000.00 for the Reserve Fund and to provide for the payment thereof by transfer from the Overlay Reserve Fund, Carried Unanimously 9:35 P. M. Article 10. VOTED: That the Board of Selectmen be authorized to pet- ition the Director of Accounts of the State for an audit for the year 1954. Carried Unanimously 9:35 P. M. Article 11. VOTED : That the Selectmen be and they hereby are author- ized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets or other land as the Selectmen may de- termine , 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 nec- essary therefor; and to appropriate for such installation and land acquisition the sum of $127 ,000 and to provide said sum by transfer of $20,000 from the Water Assess- ment Fund; $7,000 from the Water Department Available Surplus; and the balance of $100,000 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 $100 ,000 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws , within a period not exceeding fifteen years. Carried Unanimously 9:37 P. M. Article 12. VOTED : That the Selectmen be and they hereby are author- ized to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto , or otherwise , and to take by eminent domain or otherwise ac- quire any fee , easement or other interest in land neces- sary therefor; and to appropriate for such installation and land acquisition the sum of $212,950.00 of which $72,950 is to be transferred from the Excess and Defi- ciency Account ; $40 ,000 is to be transferred from the Sewer Assessment Fund; $50,000 is to be raised in the cur- rent tax levy; and the balance of $50 ,000 to be provided by the issue of bonds or notes of the Town , and that the Treasurer, with the approval of the Selectmen , be and he hereby is authorized to borrow the sum of $50,000 and is- sue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the Gener- al Laws within a period not exceeding twenty years. - 471 Gardner C. Ferguson presents the following amendment : Proposed Amendment to. Motion under Article 12 of the Warrant. Mr. Moderator: I move to amend the motion by striking out the portion thereof relating to the appropriation and provision of funds and inserting in place thereof the following: and to appropriate for such installation and land ac- quisition the sum of $212,950.00 of which $72,950.00 is to be transferred from the Excess and Deficiency Account ; $40,000 .00 is to be transferred from the Sewer Assessment Fund; and the balance of $100,000.00 to be provided by the issue of bonds or notes of the Town, and that the treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $100 ,000.00 and issue bonds or notes of the therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws within a •period not exceeding twenty years. Amendment as presented adopted 9: 57 P. M. Article 12. VOTED : That the Selectmen be and they hereby are author- ized to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto , or otherwise, and to take by eminent domain or otherwise ac- quire any fee , easement or other interest in land neces- sary therefor; and to appropriate for such installation and land acquisition the sum of $212,950.00 of which $72,950 is to be transferred from the Excess and Deficiency Account ; $40,000 is to be transferred from the Sewer Assessment Fund; and the balance of $100,000.00 to be provided by the issue of bonds or notes of the Town , and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $100 ,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 within a period not exceeding twenty years. Carried Unanimously 9: 57 P. M. Article 13 , indefinitely postponed 9: 57 P. M. Article 14. VOTED : That the sum of $17 ,500 be appropriated for the purchase of an equipped fire engine for the Fire Depart- ment , this amount to be transferred from the Excess and Deficiency Account, and authority is hereby given to turn in Engine 6 to apply toward the purchase price. Carried Unanimously 9: 59 P. M. Article 15. VOTED : That the sum of $2400 be raised and appropriated for the installation of traffic lights at the East Lex- ington Fire Station by the Fire Department . Carried Unanimously 10:00 P. M. Article 16. VOTED: That the sum of $12,395.59 be raised and appro- priated for pensions for retired members of the Police Department , and that the sum of $5,644.87 be raised and appropriated for pensions for retired members of the Fire Department, under Chapter 32 of the General Laws. Carried Unanimously 10:01 P. M. Article 17. VOTED: That the sum of $3 ,000 be appropriated for Chap- ter 90 highway maintenance, and that the sum of $3 ,000 be transferred from the Excess and Deficiency Account. . Carried Unanimously 10:01 P. M. 472 Article 1$. VOTED: That the sum of $27 ,000 be appropriated for the 77.1 construction of all or any part of Hill Street under C-77 Chapter 90, highway construction , and that the sum of $27 ,000 be transferred from the Excess and Deficiency Account. Carried Unanimously 10:02 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 to raise and appropriate therefor the sum of 5800. Carried Unanimously 10:03 P. M. Article 20. VOTED: That the Selectmen be and they hereby are author- ized to install curbings at such locations as they may determine, and that the sum of $3,000 be raised and ap- propriated therefor.. Carried Unanimously 10 :03 P. H. Article 21. VOTED: That the sum of $5,000 be raised and appropri- ated for the improvement of lowlands and swamps in the eradication of mosquitoes, under Section 4A of Chapter 252 of the General Laws. Carried Unanimously 10:04 P. M. Article 22. VOTED: That the Selectmen be and they hereby are author- ized to install drains in such accepted or unaccepted streets or other land as they may determine, in accord- ance with Chapter 263 of the Acts of 1926, as amended, or otherwise, subject to the assessment of betterments 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 instal- lation and land acquisition the sum of $34,000, this amount to be raised in the current tax levy. Carried Unanimously 10:05 P. H. Article 23. VOTED: To raise and appropriate the sum of $23,797 for the purchase by or with the approval of the Select- men of equipment for the Department of Public Works. Carried Unanimously 10:06 P. M. Article 24. VOTED: To enlarge the scope of the Road Machinery Fund by crediting to said Fund an amount based on hourly rent- al 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 ex- ceed the amount allowed by the State for the use of sim- ilar equipment. Carried Unanimously 10 :06 P. M. Article 2,5. VOTED: That the Selectmen be and they hereby are author- ized. to appoint one of their members to the Board of Ap- peals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 10:06 P. M. Article 26. VOTED: That the Selectmen be and they hereby are author- ized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1955 Annual Town Meeting. Carried Unanimously 10:07 P. M. 473 Article 27. VOTED: To accept Chapter 624 of the Acts of 1952 which provides for an increase in the amounts of pensions, retirement allowances and annuities payable to certain former town employees, and to appropriate therefor the sum of 1774.00, this amount to be raised in the current tax_ levy. Carried Unanimously 10:08 P. M. Article 28. VOTED: That the sum of 42,000 be appropriated for the development and grading of additional land in the Sun- set Section layout in Westview Cemetery and the devel- opment of additional roadways therein, and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 10:09 P. M. Article 29. VOTED: To raise and appropriate the sum of 41200 for the purchase by the Cemetery Commissioners of equip- ment for the Cemetery Department; this amount to be raised in the current tax levy. Carried Unanimously 10:10 P. M. Article 30, presented by Robert T. Person. Article 30. VOTED: To appropriate the sum of $7,000 for the con- struction of a grandstand in the enclosed field at the Center Playground, and to provide for the payment thereof by a transfer from the Excess and Deficiency Account. Carried Unanimously 10 :11 P. M. Article 31. VOTED: That lots created for sale to veterans of World War II by the subdivision of a portion of the so-called Poor Farm tract fronting on Cedar and Hill Streets pur- suant to the vote adopted under Article 18 of the War- rant for the Special Town Meeting held on October 7, 1946, may be sold by the Board of Selectmen to veterans of the Korean conflict at the same price and upon the same terms and conditions as they are authorized under said vote to sell them to veterans of World War II. Carried Unanimously 10:13 P. H. Article 32, indefinitely postponed. 10:13 P. M. Article 33. VOTED: That the Selectmen be and hereby are authorized to sell and convey at any time on or before March 4, -1955, 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 Heriam 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° 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 900 20° 30" and running southwesterly by land now or formerly of Henry P. Boutelle a distance of 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 10:15 P. H. 474 4:,Z Article 34. VOTED: That the Selectmen be and hereby are authorized R, z and directed to petition the General Court to amend the referendum provisions of Chapter 215 of the Acts of 1929, being an Act establishing the representative town meet- ing form of government in Lexington, by striking out Section 8 and inserting in place thereof a new Section 8 in the following form: SECTION 8. A vote passed at any representative town meeting authorizing the expenditure of twenty ,thousand dollars or more as a special appropriation, or establish- ing a new board or office or abolishing an old board or office or merging two or more boards or offices, or fix- ing the term of office of town officers, where such term is optional, or increasing or reducing the number of members of a board, or adopting a new by-law, or amending an existing by-law, shall not be operative un- til after the expiration of five days, exclusive of Sundays and holidays, from the dissolution of, the meeting. If, within said five days, a petition signed by not less than three per cent of the registered voters of the town, containing their names and. addresses as they appear on the list of registered voters, is filed with the Select- men requesting that the question or questions involved in any such vote which has not become operative as aforesaid be submitted. to the voters of the town at large, then the operation of such vote shall be further suspended pending its determination as hereinafter pro- vided, and the Selectmen, within ten days after the filing of the petition, shall call a special meeting, which shall be held within fourteen days after the is- suing of the call, for the purpose of presenting to the voters at large the question or questions so involved. All votesupon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. Each question so submitted shall be in the form of the following question, which shall be placed upon the official ballot :--"Shall the town vote to approve the action of the representative town meeting whereby it was- voted (brief description of the substance of the vote)?" If such petition is not filed within the said period .of five days, the vote of the representa- tive town meeting shall become operative upon the ex- piration of the said period. _ Carried Voice Vote 10:34 P. M. Haskell W. Seed moves that the meeting be adjourned until Monday, March 22, 1954, at 8 :00 P. M. 10:34 P. N. ill" Tow lerk 4V75 ADJOURNED TOWN Nt.H;TING HELD MARCH 22, 1954 Meeting called to order by the Moderator, Charles E. Ferguson. 8:03 P. M. There were 184 Town Meeting Members present. Unless otherwise noted, all articles presented by Haskell W. Reed, Chairman, Board of Selectmen. Article 35. VOTED: To amend Article XXVI of the General By-Laws of the Town by striking out Section 2 and inserting in place thereof a new Section 2 to read a$ follows : Section 2. The Board of Appeals established under the Zoning By-Law shall be and shall act as the Board of Appeals under the Subdivision Control Law, being Sections 81K to 81 GG inclusive of Chapter 41 of the General Laws, and any acts in amendment thereof or in addition thereto. Carried Unanimously 8:04 P. N. Article 36. VOTED: To amend the General By-Laws by adding thereto a new Article XXVII to read as follows: ARTICLE XXVII: Loam, Sand and Gravel Removals Section 1. The removal of soil, loam, sand or gravel from any land in the Town not in public use is prohibited unless authorized by a permit from the Board of Appeals, organized under the Zoning By-Law, except under the following circumstances : a. When such removal is incidental to and in connection with the erection of a building for which a permit has been issued by the Building Inspector of the town. b. When such removal is required in order to construct a street that has been approved by the Planning Board over the location from which such removal is made. c. When such removal is in accordance with special permission from the Board of Appeals issued under the provisions of the Zoning By-Law as now in effect or as hereafter amended. Section 2. Application for permit shall be filed with the Board of Appeals by the record owner of the land and shall be accompanied by a plan showing the location, boundaries and area of the land involved and the portion thereof from which the applicant proposes to remove material, Section 3. The Board of Appeals shall fix a reasonable time for a public hearing on the application and shall give- public notice thereof, at the expense of the appli- cant, by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen days before said hearing and by mailing a copy of said notice to the applicant and to the owners of all property deemed by said Board to be affected thereby, as they appear on the most recent local tax list, at least seven days before said hearing. Section 4. In granting a permit the Board of Appeals shall impose limitations as to the time and as to the extent of the permitted removal and such other approp- raite conditions, limitations and safeguards as the Board deems necessary for the protection of the neighborhood and of the public health, safety, convenience and welfare, and may condition the continuance of the permit upon com- pliance with regulations of the Board of Appeals then in force or thereafter adopted. In its discretion the Board may require a surety bond, cash or other adequate security to insure comp-Nnce with the terms, conditions and limit- ations of the . permit. The concurring vote of all the members of the Board shall be necessary for the issuance of a permit. 476 Article 36. Section 5. The penalty for violation of this bylaw ' (Cont. ) shall be as follows :--for the first offense, fifty dollars; for the second offense, one hundred dollars; and for each \� subsequent offense, two hundred dollars. Amendment offered by William E. Phillips. Strike out the last sentence of Section 4 of the pro- posed new Article XXVII of the General By laws. 8:10 P.41. Amendment voted on and declared lost.= 8:11 P. 14, William E. Phillips presents the following amendment: To add at the end of the proposed new Article XXVII of the General By laws another Section to read as follows : Section 6. The effective date of this Article shall be April 1, 1955, 8:15 P. M. Amendment voted on and declared lost 8:17 P. M. Original vote as presented voted on and declared carried at 8:20 P. M. Article 37.• VOTED: That the School Street School Building Committee, appointed under the authority of the vote adopted under Article 10 of the Warrant for the Special Town Yleeting held on October 5, 1953, be and hereby is authorized on behalf of the Town to retain architectural services and obtain final plans and specifications for the construction, original equipping and furnishing of a new elementary school to be known as the Haria Hastings School, and to be constructed on the land situated wersterly of School Street, southerly of 4assachusetts Avenue and northerly of Roosevelt Road that the Town acquired for school and playground purposes in 1951; to obtain bids and to enter into a contract or contracts for such construction and original equipping and furnishing; and to. supervise the carrying on of the work; and that the sum of 4725,000 be and hereby is appropriated for such construction, original equipping and furnishing and that payment be provided by raising 325,000 in the current tax levy and by the issue of bonds or notes of• the Town for the bal- ance of 43700,000, and that the Treasurer, with the app- roval of the Selectmen, be and he hereby is authorized to borrow the sum of 4700,000 under 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 accord- ance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding 20 years. Carried Unanimously 8:32 P. 14. Article 38. VOTED: To authorize the Planning Board to obtain options for land or rights therein that it desires to recommend Presented be acquired by the Town as locations for future streets; by that the Selectmen be and hereby are authorized on be- Alan G. half of the Town to acquire by purchaseby eminent domain Adams or otherwisesuch land or rights therein as are or may be included in options obtained by the Planning Board, and to raise and appropriate in addition to money already appropriated therefor the sum of 41250.00 for such options and land acquisition. Carried Unanimously 8 :34 P. M. Article 39. Presented by Alan G. Adams. VOTED: That the sum of 47500 be raised and appropriated for the employment of consultants and additional empl- oyees by the Planning Board in the administration of the Subdivision Control Law and other functions of the Planning Board. Carried Unanimously 8:40 P. M. Article 40. Jerome F. Garrity asks permission of the Town Meeting r for Charles M. Blake, Jr. to present the Report of the Veterans' Memorial Committee. 8:41 P. M. - Charles M. Blake, Jr. read the Report of the Veterans' Memorial Committee. 8:46 P. M. Murray G. Dearborn presented the following: VOTED: That the report of the Veterans ' Memorial Comm- ittee be accepted and placed on file and that the Comm- - ittee be and hereby is authorized, subject to the approval of the Board of Selectmen, to acquire a Veterans' Mem- orial monument substantially in the form of the model presented to the meeting and to erect it on the land situated in front of the Cary Memorial Building, and that the sum of $6,000 be raised and appropriated therefor. 8 :46 P. M. William E. Phillips presents the following amendment: Amendment to motion presented. Said memorial shall include a suitable reference to the World War II Memorial Library in the high school and to any other special memorials situated in the Town of Lexington that the committee may deem appropriate. 8 :53 P. M. Amendment voted on and declared lost. 8 :58 P. M. Main motion as presented voted on and lost. . 8 :59 P.M. Article 42. Report of the Job Classification and Salary Plan Comm- ittee read by Benjamin W. Day. 9 :01 P. M. Robert R. Cave presents two motions : VOTED: That the report of the Job Classification and Salary Plan Study Committee be accepted and placed on file and the Committee discharged. Carried Unanimously 9:02 P. M, VOTED: That a Personnel Advisory Committee be esta- blished for a period of three years from April 1, 1954 to consist of five members to be appointed by the un- animous action of the Moderator, the Chairman of the Board of Selectmen and the Chairman of the Appropriation Committee, and to have the following functions: a) To develop in co-operation_`with the Board of Sel- ectmen a classification plan and wage and salary plan as a permissive aid and guide to the Board of Selectmen, Appropriation Committee and -depart- ment heads. b) To screen all personal service budgets when and as requested by the Board of Selectmen and to sub- mit its written recommendations to the Board of Selectmen and Appropriation Committee by November first of the particular year, c) To make studies of the problems of wages, salaries, new job classifications and general personnel administration as it may be assigned these special tasks by the Board of Selectmen. and that the sum of X200 be raised and appropriated for the ,expenses of the committee. 9 :05 P. M, Amendment by A. Edward Rowse : that motion read elimin- ating the Moderator and Chairman of the Appropriation Committee. Appointment to be made by the Board of Sel- ectmen. 9:09 P. M. Amendment voted and adopted 9 :10 P. M, 478 Article 42. Amendment as voted: ,, (Cont. ) _< VOTED: That a Personnel Advisory Committee be established for a period of three years from April 1, 1954 to consist of five members to be appointed by the Board of Select- men and to have the following functions : a) To develop in co-operation with the Board of Sel- ectmen a classification plan and wage and salary plan as a permissive aid and guide to the Board of Selectmen, Appropriation Committee and department heads. b) To screen all personal service budgets when and as requested by the Board of Selectmen and to submit its written recommendations to the Board of Sel- ectmen and Appropriation Committee by November first of the particular year. c) To make studies of the problems of wages, salaries, new job classifications and general personnel ad- ministration as it may be assigned these special tasks by the Board of Selectmen. and that the sum of 4200 be raised and appropriated for the expenses of the committee. Carried 9:15 P. M. VOTED: That articles 43 to 47 inclusive be taken up together. Carried Unanimously 9:15 P. M. Article 43. VOTED: To establish as a town way, and accept the layout of as a town way, Bertwell Road from Simonds Road, north- westerly, to Williams Road, approximately 520 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 October 19, 1953, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:16 P. M. Article 44. VOTED: To establish as a town way, and accept the layout of as a town way, Buckman Drive from Locust Avenue, southerly, a distance of approximately 2,000 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 Hay 7, 1953, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:17 P. M. Article 45. VOTED: To establish as a town way, and accept the layout of as a town way, Dawes Road from Follen Road, south- westerly, a distance of approximately 1,002 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 Hay 7, 1953, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary there- for* Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:17 P. M. Article 46. VOTED: To establish as a town way, and accept the layout of as a town way, Oak Terrace from Oak Street, easterly, a distance of approximately 310 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 6, 1954 and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:18 P. M. 479 Article 47. VOTED: To establish as a town way, and accept the layout of as a town way, Williams Road from Bedford Street to Dexter Aoad, a distance of approximately 800 feet, easterly 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 10, 1953 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, Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:20 P. M. VOTED: To appropriate for land acquisition and for con- struction of the ways enumerated in articles 43 to 47 inclusive, the sum of 448,980 and to provide for the payment thereof by a transfer from the Excess and De- ficiency Account. Amendment presented by A. Edward Rowse that it is the sense of the meeting that the amount of 4482980 be bonded instead of transferred from the Excess and De- ficiency Account. 9:22 P. M. Amendment delcared lost. 9:23 P. M. Original vote as presented carried unanimously 9:24 P. VOTED: That articles 48 to 69 inclusive be taken up together. Carried Unanimously 9:25 P. M. Article 48. VOTED: To establish as a town way, and accept the layout of as a town way, Appletree Lane from Peachtree load, southwesterly and southeasterly, a distance of approx- imately 1512 feet as laid out by the Selectmen_ and shown upon a plan on file in the office of the Town Clerk, dated December 31, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:26 P. M. Article 49. VOTED: To establish as a town way, and accept the layout of as a town way, Barberry Road from Concord Avenue, southerly and westerly, a distance of approximately 2386 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 21, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:26 P. M. Article 50. VOTED: To establish as a town way, and accept the layout of as a town way, Ballard Terrace from North Hancock Street, northerly a distance of approximately 820 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 29, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above, Carried Unanimously 9 :27 P. M. Article 510 VOTED: To establish as a town way, and accept the layout of as a town way, Bates Road from Wood Street, north- easterly, a distance of approximately 959 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 10, 1953 and to take by eminent domain or otherwise acquire any fee, ease- ment or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9 :28 P. Y. Q 480 or,7 Article 52. VOTED: To establish as a town way, and; accept the layout of as a town. way, Battle Green Road from Minute Man Lane westerly and northwesterly to Paul Revere Road, a distance of approximately 1166 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 10, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:29 P. M. Article 53. VOTED: To establish as a town way, and accept the layout of as a town way, Benjamin Road from Concord Avenue, a distance of approximately 1154 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 17, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9 :29 P. M. Article 54. VOTED: To establish as a town way, and accept the layout of as a town way, Castle Road from Franklin Road, north- easterly to Hayes Avenue, a distance of approximately 470 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 9, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefore Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:30 P. M. Article 55. VOTED: To establish as a town way, and accept the layout of as a town way, Field Road from Concord Avenue southerly to Barberry Road, a distance of approximately 981 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 18, 1953 and to take by eminent domain or otherwise acquire any fee, easement or, other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:30 P. M. Article 56. VOTED: To establish as a town way, and accept the layout of as a town way, Holton Road from, Wood Street, north- easterly to Patterson Road, a distance of approximately 768 feet as laid out by the Selectmen and shown upon a plan on file in the office of, the Town Clerk, dated December 15, 1953 and to take by eminent domain or other- wise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9 :31 P. M. Article 57. VOTED: To establish as a town way, and accept the layout of as a town way, Hutchinson Road from Concord Avenue, northeasterly to Webster Road, a distance of approxi- mately 1054 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 15, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in sand necessary therefor. Alan G. Adams reports Planning Board approves layout of- the above. Carried Unanimously 9:31 P. M. Article 58. VOTED: To establish as a town way, and accept the layout of as a town way, Lantern Lane from Philip Road northerly to Dawes Road, a distance of approximately 947 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 15, 1953 and to take. by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:32 P. M. 481 Article 59. VOTED: To establish as a town way, and accept- the layout of as a town way, Minute Man Lane from Massachusetts Avenue northerly and westerly to Battle Green Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 10, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:32 P. M. Article 60, VOTED: To establish as a town way, and accept the layout of as a town way, -Patterson Road from Wood Street, north- easterly and northerly, a distance of approximately 1542 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 14, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:33 P. N. Article 61. VOTED: To establish as a town way, and accept the layout of as a town way, Peachtree Road from Woburn Street, southerly, a distance of approximately 512 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 30, 1953 and to take by eminent domain or other interest in land necessary therefore Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:33 P. M. Article 62. VOTED: To establish as a town way, and accept the layout of as a town. way, Peartree Drive from Lowell Street, northeasterly to Appletree Lane, a distance of approxi- mately 250 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 30, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:34 P. N. Article 63. VOTED: To establish as a town way, and accept the layout of as a town way, Philip Road from Buckman Drive, westerly, a distance of approximately 473 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 15, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefore Alan G. Adan reports Planning Board approves- layout of -the above. Carried Unanimously 9 :35 P. A. Article 64. VOTED: To establish as a town way, and accept the layout of as a town way, Scotland Road from Appletree Lane, southeasterly and southwe :terly to Appletree Lane, a dis- tance of approximately 852 feet as laid out by- the Sel- ectmen and shown upon a plan on file in the office of the Town Clerk, dated December 31, 1953 and to take by eminent domain or otherwise acquire -any fee, easement or other -interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9 :35 P. N. - Article 65. VOTED: To establish as a town way, and accept the layout of as a town way, Stearns Road from Pleasant Street, northwesterly to Webster Road, a distance of approximately 252 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Llerk, dated December 31, 1953 and to take by eminent domain or otherwise acqure any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above Carried Unanimously 9:36 P. M. 482 . Article 66. VOTED: To establish as a town way, and accept_ the layout of as a town way, Webster Road from Hutchinson Road to Hutchinson Road, a distance of approximately 2906 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 31, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning board approves layout of the above. Carried Unanimously 9 :36 P. N. Article 67. VOTED: To establish as a town way, and accept the layout of as a town way, Wildwood Road from Wood Street north- easterly to Patterson Road, a distance of approximately 618 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 15, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan Ge Adams reports Planning Board approves- layout of the above. Carried Unanimously 9:37 P. M. Article 68. VOTED: To establish as a town way, and accept the layout of as a town way, Williams Road from Dexter Road, north- easterly to Blake Road, a distance of approximately 1030 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 10, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning Board approves layout of the above. Carried Unanimously 9:38 P. U. Article 69. VOTED: To establish as a town way, and accept the layout of as a town way, Wyman Road from Williams Road, northerly and easterly to Blake Road, a distance of approximately 2395 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 15, 1953 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor. Alan G. Adams reports Planning board approves layout of the above. Carried Unanimously 9 :39 P. M. VOTED: To raise and appropriate for land acquisition and for construction of the ways enumerated in- articles 48 to 69 inclusive, the sum of 4100. Carried Unanimously 9:39 P. M. . William E. Phillips requests Article 70, 71, 72 and 73 be acted upon together. 9 :40 P. N. Article 71. William E. Phillips moves for indefinite postponement. . _ Carried Unanimously 9:40 P. M. Article 72. William E. Phillips moves for indefinite postponement. Carried Unanimously 9:40 P. M. Article 70. Alan G. Adams, Chairman of the Planning Board presents Report of the Planning Board. 9:41 P. N. Alfred P. Tropeano moves that Article 70 be indefinitely postponed. Carried Unanimously 9 :50 P. M. Article 73. William E. Phillips moves for indefinite postponement. Carried Unanimously 9:50 P. M. Article 74. Presented by Martin A. Gilman. VOTED: That the Selectmen be and they hereby are auth- orized and directed to designate a member of the Police Department as a Youth Patrol Officer, such officer to be Teased in 1954 and 1955 from such duties as may be nec- essary to acquire special training to deal with youth, and when trained, to give full time to any and all matters concerning the youth of the town. Voted on and declared lost. 10 :11 P. M. 4433 Article 75. Presented by Martin A. Gilman. VOTED: That the Moderator be and he hereby is authorized and directed to appoint, for a term of two years, a Youth Committee of five members, one of whom shall have been a member of the Youth Study Commission, to cary out the recommendations of the Youth Study Commission and to con- tinue to work for the welfare of all youth of the town, and to raise and appropriate the sum of 8100.00 for ex- penses. Voted on and declared lost. 10:12 P. M. Article 76. Presented by George P. Wadsworth. VOTED: That the School Committee be and it hereby is authorized to retain architectural services and obtain preliminary plans and specifications for an addition to the Franklin School Building, to obtain cost estimates for the construction, original equipping and furnishing of such addition and to report to a subsequent Town meeting; and that the sum of 45,000 be raised and app- ropriated for the expenses of the Committee, Carried Unanimously 10 :13 P. M. Article 77. Haskell W. Reed moves for indefinite Postponement. Carried Unanimously 10:14 P. M. All articles being disposed of, the meeting was dissolved at 10:15 P. M. A ttest: // d • C ' 14O ,n Clerk Lexington, Mass. , March 22, 1954 RESOLUTION OFFERED BY HASKELL W. REED AFTER TOWN MEETING HELD MARCH 22, 1954 RESOLVED: That the Town Meeting Members of the Town of Lexington hereby record their opposition to the alternate plan 2 and 3 ten- tatively proposed by the Massachusetts Department of Public Works to locate in Lexington the state highway known as Route 3 and to register their approval of the efforts of the Board of Selectmen in opposing such plan. Unanimous vote by Town Meeting Members present that resolution be accepted. 10:30 P. M. Attest: own Clerk 484 ATTORNEY GENEHALIS APPROVAL OF ARTICLE 35 AS PASSED AT THE ,ADJOURNED TOWN MFF,TING H-Rdx) MARCH 22, 1954 Article 35 as passed at the Adjourned Town Meeting held March 22, 1954. Article 35. VOTED: To amend Article XXVI of the General By-Laws of the Town by striking out Section 2 and inserting in place thereof a new Section 2 to read as follows : Section 2. The Board of Appeals established under the Zoning By-Lawalall be and, shall act as the Board of Appeals Under-the Subdivision Control Law, being Sections 81K to 81 GG inclusive of Chapter 41 of the General Laws, and anyacts in amendment thereof or in addition thereto. Carried Unanimously 8:04 P. M. There were 184 Town Meeting Members present. Tolign/./blerk -Lexington, Mass. , March 29, 1954 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify that the above is a true and exact copy of Article 35 as passed at the Adjourned Town Meeting held March 22, 1954 and as same appears on record, / Town,Clierk Boston, Mass. , Marcii-50„ 1954 The foregoing amendment to by-laws is hereby approved. /Signed/ George Fingold Attorney General 485 ATTORNEY GENERALS APPROVAL OF ARTICLE 36 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MACH 22, 1954 Article 36. VOTED: To amend the General By-Laws by adding thereto a new Article XXVII to read as follows : ARTICLE XXVII: Loam, Sand and Gravel Removal.. Section 1. The removal of soil, loam, sand or gravel from any land in the Town not in public use is prohibited unless authorized by a permit from the Board of Appeals, organized under the zoning By- aw, except under the following circumstances: a. When such removal is incidental to and in connection with the erection of a building for which a permit has been issued by the Building Inspector of the town. b. When such removal is required in order to construct a street that has been approved by the Planning Board over the location from which such removal is made. c. When such removal is in accordance with special permission from the Board of .Appeals issued under the provisions of the Zoning ByLaw as now in effect or as hereafter amended. Section 2. Application for permit shall be filed with the Board of Appeals by the record owner of the land and shall be accompanied by a plan showing the location, boundaries and area of the land involved and the portion thereof from which the applicant proposes to remove material. Section 3. The Board of Appeals shall fix a reason- able time for a public hearing on the application and shall give public notice thereof, at the expense of the applicant, by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen days before said hearing and by mailing a copy of said notice to the applicant and to the owners of all property deemed by said Board to be affected thereby, as they appear on the most recent local tax list, at least seven days before said hearing. Section 4. In granting a permit the Board of Appeals shall impose limitations as to the time and as to the extent of the permitted removal and such other approp- riate conditions, limitations and safeguards as the Board deems necessary for the protection of the neighborhood and of the public health, safety, convenience and wel- fare, and may condition the continuance of the permit upon compliance with regulations of the Board of Appeals then in force or thereafter adopted. In its discretion the Board may require a surety bond, cash or other adequate security to insure compliance with the terms, conditions and limitations of the permit. The concurring vote of all the members of the Board shall be necessary for the issuance of a permit. Section 5 . The penalty for violation of this by-law shall be as follows :--for the first offense, fifty dollars; for the second offense, one hundred dollars; and for each subsequent offense, two hundred dollars. Amendment offered by Withal E. Phillips. Strike out the last sentence of the proposed new Article XXVII of the General By-laws. 8 :10 P. M. Amendment voted on and declared lost. 8:11 P. A. William E. Phillips presents the following amendment: To add at the end of the proposed new Article :XIII of the General By laws another Section to read as follows : 486 Article 36. Section 6. The effective date of this Article shall (Cont. ) be April 1; 1955, 8:15 P. M. Amendment voted on and declared lost 8 :17 1) M. Original vote as presented voted on and declared carried at 8:20 P. N. There were l84 Town Meeting Members present. ;•• Town/Clerk • / / Lexington, Mass. , March 29, 1954 James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify that the foregoing is a true and exact copy of Article 36 as passed at the . ijourned Town Meeting held March 22, 1954 and as same appears on record. Town lerk // / / / Boston, Mass. , March 30, 1954 The foregoing amendment to by-laws is hereby approved. /Signed/ George Fingold. Attorney General - -