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HomeMy WebLinkAbout1953-10-05-STM-min 44Ea? SPECIAL ELECTION, OCTOBER 5, 1953, TOWN MEETING MEMBERS-PRECINCT ONE L There were 28 Town Meeting Members present. Meeting called to order by Town Clerk, 'dames J. Carroll. Ernest Cutter was nominated and duly seconded as Chairman of the meeting. Richard P. Cromwell was nominated and duly seconded as Clerk of the Meeting. Nominations were made from the floor to fill the vacancy of one term caused by the resignation of Frederick N, Gay. Nominations as follows: Alfred S. Busa William C. Madden Duly seconded. Voted that nominations be closed. Vote was taken by ballot with the following results: William C. Madden received 18 votes Alfred S. Busa received 10 votes whereby William C. Madden was declared elected a Town Meeting Member for the term of one year ending March, 1954. /Signed/ Richard P. Cromwell Clerk October 5, 1953 James J. Carroll Town Clerk Lexington ?3, Mass. _ Dear Sir: I hereby accept my election as a Town Meeting Member in Precinct One for a term ending in March, 1954. /Signed/ William C. Madden SPECIAL TOWN MEETING HELD OCTOBER 5, 1953 There were 170 Town Meeting Members present. Meeting called to order by the Moderator, Charles E. Ferguson. 8:05 P.M. Town Clerk, James J. Carroll, read the (arrant for the meeting until further reading was waived upon a motion made. 8:06 P. N. Town Clerk, James J. Carroll, read the Constable's Return. 8:06 P.M. Raymond W. James, Chairman of the Appropriation Committee, presented report of the Appropriation Committee which was voted to be accepted and placed on file. 8 :07 P. M. Raymond W. James stated the Appropriation Committee had made a correction in their report under Article 5. 8:07 P. N. All articles presented by Haskell W. Reed, Chairman of the Board of Selectmen, unless otherwise noted. Article 20 VOTED: To rescind the balance of 415,000 of a loan of 4952000 authorized for construction of certain town ways under articles 28 to 37 inclusive of the darrant for the 1952 A nnual Town Meeting and now remaining unused. Carried Unanimously 8:08 P. M. Article 3. VOTED: To rescind the balance of $25,000 of a loan 439 of $200,000 authorized for construction of a sanitary sewer in the "Sunnyfield" area under article 51 of the Warrant for the 1952 Annual Town Meeting and now- re- maining unused. Carried Unanimously 8:09 P. M. Article 4, Indefinite Postponement. Carried Unanimously 8:10 P. M. Article 5. VOTED: To appropriate the sum of $60,000 as a supple- mentary appropriation to be used in conjunction with money already appropriated under article 11 of the Warr- ant for the 1953 A nnual Town Meeting for installment of sewer mains and land acquisition therefor, and to provide for payment thereof by a transfer of said sum from the Excess and Deficiency Account, Carried Unanimously 8:13 . P. M. Article 6. VOTED: That in addition to money already appropriated, the-sum of $7,000 be appropriated for Sewer Services - Wages and Expenses for the balance of the year 1953 and that said sum be provided by transfer from the Excess and Deficiency Account. Carried Unanimously 8:15 P. M. Article 7. VOTED: That in addition to money already appropriated, the sum of $4,700 be appropriated for Street Lights Expenses for the balance of the year 1953 and that said sum be provided by transfer from the Excess and Deficiency Account. Carried by voice vote 8:19 P. M. Article 8® VOTED: That the Selectmen be and they hereby are auth- orized to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for the construction of drains which they are authorized to construct by the vote adopted under article 22 of the Warrant for the 1953 Annual Town Meeting and that the money appropriated under said article 22 be used for such land acquisition. Carried Unanimously 8:20 P. M. Mrs. 3uth Morey moves to take up Article 9. Eobert w. Hunter, under Article 1, presented second 3eport of the Elementary School facilities Committee which was accepted and placed on file. Carried Unanimously 8 :22 P. M. Article 9. VOTED: That the members of the Elementary School Facil- ities Committee appointed under the authority of the vote adopted under article 27 of the Warrant for the 1952 Annual Town Meeting be and hereby are constituted a Fiske School Addition Building Co "fr,ittee and authorized on behalf of the Town to retain architectural services and obtain plans and specifications for the construction, original equipping and furnishing of an addition to the Fiske School; to obtain bids therefor; to enter into a contractor contracts for such construction and original equipping and furnishing; and to supervise the carrying on of the work; and that the sum of $325,000 be and hereby is appropriated for such construction, original equipping and furnishing and that payment be provided by a transfer of $15,000 from the Excess and Deficiency Account and by the issue of bonds or notes of the Town for the balance of $310,000, and that the Treasurer with the approval of the Selectmen be and he hereby is authorized to borrow the sum of $310,000 under authority of Chapter 186 of the Acts of 1947, as most recently amended by Chapter 203 of the Acts of 1953, 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. Carried Unanimously 8:31 P. M, 440 „,.T Mrs. Ruth Morey presented Article 10. Article- 10. VOTED: That the Moderator be and he hereby is authorized and directed to appoint a School. Street School Building Committee of.five: residents of the Town, one of whom shall be a member of the School Committee at the time of app- . : ointment, to retain architectural services and obtain preliminary plans and specifications for a new element- ary school building, containing sixteen classrooms, on the land situated westerly of School Street, southerly of Massachusetts Avenue and northerly of Roosevelt Road that the Town acquired for school and playground purposes in 1951, to obtain cost estimates for the construction original equipping and furnishing of such school building and to report to the 1954 annual Town Meeting; and that the sum of $10,000 be appropriated for the expenses of the Committee and be provided by a transfer of said sum from the Excess and Deficiency Account. : - Carried Unanimously. 8 :32 P. M. Mrs. Ruth Morey presented Article 11. Article 110 MOTION: That the: Moderator be and he hereby is author- ized and directed to appoint a Maple Street School Build- ing Committee of five residents of the Town, one. of whom shall be a member of the School Committee at the time of appointment, to retain architectural services and obtain preliminary plans and specifications for a new element- ary school building containing sixteen classrooms on the land situated-northwesterly of Maple Street and westerly of Lowell Street that the Town acquired for school and playground purposes in 1951, to obtain cost estimates for the constructionoriginal equipping and furnishing of such school building and to report to a town meeting subsequent to the 1954 Annual Town Meeting; and that the sum of $10,000 be appropriated for the expenses of the Committee and be provided by a transfer of said sum from the Excess and Deficiency Account. Raymond W. James presented the following amendment : Article 11. VOTED: That the Moderator be and he hereby is authorized and directed.to appoint a Maple Street School Building Committee of five residents of the Town, one of whom shall be a member of the School Committee at the time of appointment, to retain architectural services and obtain preliminary. plans and specifications for a new elementary school building containing sixteen classrooms on the land situated northwesterly of Maple Street and westerly of Lowell Street that the Town acquired for school and play- ground purposes in 1951, to obtain cost estimates for the construction, original equipping and furnishing of such school building and to report to a town meeting subse- quent to the 1954 Annual Town Meeting; and that the sum of $10,000 be appropriated for the expenses of the • Committee and that said sum be raised in the Tax Levy of 19540 Standing vote taken as follows: In Favor Tellers. _ Opposed 8' William E. Maloney 23 37 Jerome F. Garrity 44 Roy Johnsen 4 75 71 Amendment declared adopted. Amendment as presented' by Raymond W. James carried unanimously. 8:40 P. M. Article 12. Voted Indefinite Postponement. Carried Unanimously 8:41 P.M. Robert E, Person presented Article 13. 44 Article 13. MOTION: That the Selectmen be and they hereby are authorized, on behalf of the Town, to purchase, take by eminent domain or otherwise acquire, for playground or recreational purposes, or both of such purposes, the following parcels of land situated in Lexington on or near Maple Street: Parcel One : An area of land believed to belong to Robert D. Chapman and Elizabeth M. Chapman, situated easterly of Maple street and bounded and described substantially as follows : Westerly by land now or formerly of Robert D. Chap- man and Elizabeth M. Chapman, two hun- dred eighty (280) feet; Northerly by land now or formerly of George F. Proctor, by two lines measuring respect- ively one hundred fifty (150) feet and one hundred forty-nine (149) feet; Easterly by land now or formerly of said Proctor, three hundred (300) feet; Southerly by land now or formerly of the Town of Arlington, by two lines measuring res- pectively one hundred eighty (180) feet and one hundred eighty-four (184) feet; and being the parcel shown as lot A-2 on a plan entitled, "Plan of Proposed Little League Baseball Field, Lexington, Mass." dated September 30, 1953, William M, Burns, Town Engineer, a copy of said plan being on file in the office of the Town Eng- ineer, and said lot containing 2.26 acres according to said plan. Parcel Two: An area of land believed to belong to George F. Proctor situated on the easterly side of Maple Street and bounded and described substantially as follows : Westerly by Maple Street, fifty (50) feet; Northerly by land now or formerly of George F. Proctor, by two lines measuring res- pectively es- pectively one hundred twenty-five (125) feet and one hundred forty-five (145) feet; Westerly again by said other land now or formerly of said Proctor, two hundred sixty-three (263) feet; Northerly again by land now or formerly of Lex-Wood Poultry Farms, Inc. , five hundred seventy-one (571) feet; Easterly by land now or formerly of said Lex-Wood Poultry Farms, Inc. , by two lines measuring respectively one hundred thirty-two (132) feet and three hundred seventy-six (376) feet; Southerly by land now or formerly of the Town of Arlington, one hundred eighty-seven (187) feet; Westerly again by land now or formerly of Robert D. Chapman and Elizabeth M, Chapman, three hundred (300) feet; - Southerly again by said land now or formerly of said Chapmans, by two lines measuring res- pectively one hundred forty-nine (149) feet and three hundred sixty-seven (367) feet; SoutherlZ again by said land now or formerly of said Chapmans, by two lines measuring res- pectively one hundred nine and 4/10 (109,4) feet and one hundred fifty-three (153 feet; 4 _x, 1 Article 13. and being the land shown as lot B-2 on a plan entitled (Cont, ) "Plan of Proposed Little League Baseball Field, Lexing- ton, Mass." dated September 30, 1953, William M. Burns, Town Engineer, a copy of said plan being on file in the office of the Town Engineer, and said lot containing an area of 5.635 acres according to said plan; that the sum of 448000 be appropriated therefor and be provided by a transfer of said sum from the Excess and Deficiency Account. MOTION: To appropriate the sum of 46,900 for grading the parcels of land to be acquired for playground or recreational purposes under the preceding vote ad- opted under this article, and provide for payment thereof by a transfer of said sum from the Excess and Deficiency Account. General discussion by various speakers. A. Edward Rowse moves for indefinite postponement. Postponement carried by voice vote. 9:13 P. M. Alan G. Adams presented Article 14. Article 14. VOTED: , To amend paragraph (f) of section 5 of the Zoning By-Law as follows : By striking out in the first part of said paragraph (f) the words "C 1 and C 2" and by inserting after the word "R 1" the word - and-: so that said first part of the section will read as follows : M 1 districts. All buildings and uses that are per- mitted in R 1 and R 2 districts but subject to any conditions and restrictions set forth therein, and the following;- By inserting a sub-paragraph designated b under sub- paragraph 2 of said paragraph (f) to read as follows : b. All buildings and uses that are permitted in C 1 and C 2 districts, including those permitted therein by permission from the Board of Appeals, with the exception of liquor stores which are hereby expressly prohibited. Alan G. Adams read the report of the Planning Board, as follows : Article 14 proposes an amendment to the Zoning By-law which reads as follows: "To amend paragraph (f) of section 5 of the Zoning By-law dealing with M-1 districts as follows : By striking out in the first part of said paragraph (f) the words "C 1 and C 2" and by in- serting after the word "R 1" the word - and; so that said first part of the section will read as follows : M 1 districts. All buildings and uses that are permitted in R 1 and R 2 districts but subject to any conditions and restrictions set forth therein, and the follow- ing: - By inserting a sub-paragraph designated b under sub-paragraph 2 of said paragraph (f) to read as follows : b. All buildings and uses that are permitted in C 1 and C 2 districts, including those permitted therein by permission from the Board of Appeals, with the exception of liquor stores which are hereby expressly prohibited." The Lexington Planning Board held the required public hearing on Thursday, October. 1st at 8 p.m. in the Town Engineer's office at the Town Office building. The hearing was duly advertised. There were no persons appearing at the hearing and after due consideration the Lexington Planning Board voted unanimously to recommend the adoption of this amendment. This amendment is proposed by the Planning Board to carry out the original intention of this By-law tohave light manufacturing (M-1 zones) devoted solely to the designated purpose. Under the present By-law residential uses are restricted except under the Board of Appeals ' permission and the proposed amendment will mean that C-1 or C-2 commercial uses will also require permission of the Board of Appeals. Le xingt on Planning Board Alan G. Adams Donald D. Hathaway Donald K. Irwin Aiden L. Ripley Thos. S. Grindle 443 Article 14 as presented Carried Unanimously 9 :16 P. N. Alan G, Adams presented Article 15 , Article 15. VOTED: To amend the third paragraph of Section 14 of the Zoning By Law, by inserting after the word "thereby" in the next to the last line, the words:- as they appear on the most recent local tax list-: so that said third paragraph will read as follows : The Board of Appeals shall fix a reasonable time for the hearing of any appeal, petition or other matter referred to it and shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also mail a copy of said notice to the pet- itioner 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. Alan G. Adams read the deport of the Planning Board as follows: Article 15 proposes an amendment to the 3rd paragraph of Section 14 of the Zoning By-law which deals with the Board of Appeals, by inserting after the word "thereby" in the next to the last line, the words : - "as they appear on the most recent local tax list" so that said third paragraph will read as follows : The Board of Appeals shall fix a reasonable time for the hearing of any appeal, petition or other matter referred to, it and shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in -alocal newspaper at least fourteen days before said hearing and also mail a copy of said notice to the petitioner 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. The Lexington Planning Board held the required legal and duly advertised hearing on Thursday, October 1st at 8:15 p.m. in the Town Engineer' s office, Town Office Building. Two citizens were present and asked questions about the amendment. This amendment is in- troduced by the Lexington Planning Board on the recommendation of. Town Counsel to clarify the procedure of notification of Board of Appeals hearings. After due consideration the Lexington Planning Board recommends the adoption of this amendment. Lexington Planning Board Alan G. Adams Donald D. Hathaway Donald K. Irwin Aiden L. Ripley Thos, S, Grindle Article 15 as presented carried unanimously 9:18 P. N. Alan G. Adams presented Article 160 Article 160 VOTED: To amend section 19 of the Zoning By-Law en- titled " i+endments" by striking out the second paragraph of said section, and inserting in place thereof the following second paragraph: Notice stating the time, place and purpose of said hearing shall be given by publication in a local news- paper at least fourteen days before said hearing and, unless in the opinion of the Planning Board the proposed amendment is one of wide application in the Town, by mailing a copy of said notice to the owners of all prop- erty 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. 444 Alan G. Adams read the Report of the Planning Board as follows: Article 16 proposes an amendment to Section 19 of the Zoning By-law entitled "Amendments" by striking out the second paragraph of said section, which deals with the notice to be given of Pl2nr ing Board hearings on proposed amendments to the By-law, and inserting in place thereof the following second paragraph: Notice stating the time, place and purpose of said hearing shall be given by public- ation in a local newspaper at least fourteen days before said hearing and, unless in the opinion of the Planning Board the proposed amend- ment is one of wide application in the Town, by mailing a copy of said notice 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. The Lexington Planning Board held the required legal and duly advertised hearing on Thursday, October 1st at 8:30 p.m. in the Town Engineer's office, Town Office Building. This amen•.nent is introduced by the Lexington Planning Board on the recommendation of Town Counsel to clarify the procedure of notification of Planning Board hearings, After due consideration the Lexington Planning Board recommends the adoption of this amendment. Lexington Planning Board Alan G. Adams Donald D. Hathaway Donald K. Irwin Alden L. Ripley Thos. S. Grindle Article 16 as presented carried Unanimously 9 :22 P. N. All articles being disposed of, Haskell W. Reed moves that meeting by dissolved. Carried Unanimously 9:23 P. N, // Town/C i eric i 445 Attorney General' s Approval of Article 14 as passed at the Special Town Meeting held October 5, 1953 . Article 14. VOTED : To amend paragraph (f) of section 5 of the Zoning By-law as follows : By striking out in the first part of said paragraph (f) the words "C 1 and C 2" and by inserting after the word "R 1" the word - and-: so that said first part of the section will read as follows : M 1 districts. All buildings and uses that are permitted in R 1 and R 2 districts but subject to any conditions and restrictions set forth therein , and the following:- By inserting a sub-paragraph designated b under sub-para- graph 2 of said paragraph (f) to read as follows: b. All buildings and uses that are permitted in C 1 and C 2 districts , including those permitted therein by permission from the Board of Appeals , with the exception of liquor stores which are hereby expressly prohibited. Carried Unanimously 9:16 P.M. There were 170 Town Meeting Members present. // To , ckerk Lexington, Mass . , October 7 , 1953 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 14 as passed at the Special Town Meeting held October 5, 1953 and as same appears on record. /1 fir Af . 4 4 4 Town/ Clerk / / / Boston, Mass. , /October 26 , 1953 The foregoing amendments to zoning by-law are hereby approved. George Fingold Attorney General Attorney General' s Approval of Article 15 as passed at the Special Town Meeting held October 5, 1953 . Article 15 . VOTED: To amend the third paragraph of Section 14 of the Zoning By-Law, by inserting after the word "thereby" in the next to the last line, the words :- as they appear on the most recent local tax list- : so that said third paragraph will read as follows : The Board of Appeals shall fix a reasonable time for the hearing of any appeal , petition or other matter referred to it and shall give public notice thereof by publishing notice of the time, place and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also mail a copy of said notice to the petitioner 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. Carried Unanimously 9:18 F .M. 446 There were 170 Town Meeting Members present . r . '► / It .�'...___IL t.lil5 iPof 'II 1111, /1" Town/al rk Lexington , /Mass . , October 7, 1953 I , James J. Carroll, Town Clerk of the Town of Lexington, do here- by certify that the above is a true and exact copy of Article 15 as passed at the Special Town Meeting held October 5 , 1953 and as same appears on record. /1 j Tov 'lerk / / Boston ,/Mass . , October 26, 1953 The foregoing amendment to zoning by-law is hereby approved. George Fingold Attorney General Attorney General' s Approval of Article 16 as passed at the Special Town Meeting held October 5, 1953 . Article 16. VOTED: To amend Section 19 of the Zoning By-Law entitled "Amendments" by striking out the second para- graph of said section, and inserting in place thereof the following second paragraph: Notice stating the time place and purpose of said hearing shall be given by publication in a local news- paper at least fourteen days before said hearing and , unless in the opinion of the Planning Board the pro- posed amendment is one of wide application in the Town, by mailing a copy of said notice 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. Carried Unanimously 9:22 P.M. There were 170 Town Meeting Members present . DQ Tow( C; lerk Lexing on,' Mass . , Ocoher 7 , 1953 / i 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 16 as passed at the Special Town Meeting held October 5 , 1953 and as same appears on record. ler / Tom le rk Boston, Mass . , October 26, 1953 The foregoing amendment to zoning by-law is hereby approved. George Fingold Attorney General