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HomeMy WebLinkAbout1953-11-30-STM-min (See Warrant Book - Page 447 SPECIAL TOWN MEETING HETa NOVEMBER 30, 1953 Neetin called to order by the Moderator, Charles E, Ferguson. 8:04 P. M. There were 181 Town Meeting Members present. The Town Clerk, James J. Carroll, read the warrant for the meeting until motion of Alan G. Adams further reading was waived. 8:05 P. M. The Town Clerk read the Constable's Return of the warrant. 8:05 P. M. Article 1. Raymond W. James, Chairman of the Appropriation Committee, presented the Appropriation Committee Report of the war- rant which was voted, to be accepted and placed on file. 8:05' P. M. Article 2. Presented by Haskell W. Reed, Chairman of the Board of Selectmen. VOTED: That the Selectmen be and hereby are authorized to accept a deed from the Lexington Field and Garden Club, incorporated, to the Town to hold for the benefit of the public a certain triangular parcel of land situated at the junction of Lincoln Street and Marrett Road in Lexington and being bounded and described as follows: Beginning at a point in the former line of Marrett Road as laid out as a state highway by the Massachusetts High- way Commission in 1898 distant southeasterly 90.23 feet from the northerly end of the course in said northerly line which bears North 70 39! West, 514.26 feet; thence North 70 391 West on said state Highway line, forty-one and 81/100 (41.81) feet; thence turning to the right on the curve with a 11,07 fo t radius, twenty-three and 35/100 (23.35 ) feet; thence South 66° 48' 30" East in part parallel with the similar course in the above des- cribed northwesterly line of Lincoln Street and 50 feet distant therefrom, one hundred seven and 53/100 (107.53) feet; thence on a curve with a 8.09 foot radius bearing to the right, twenty-one and 25/100 (21,25) feet to a Point 40 feet distant from a bound marking the end of the course in the above described southeasterly line of Lin- coln Street which bears North 83° 391 East, 42.50 feet; thence from said point parallel with said course North 830 39'r East but in opposite direction South 83° 391 West, eighty-eight and 29/100 (88. 29) feet; thence on a curve with a 16.88 foot radius bearing to the right twenty-six and 13/100 (26.13) feet to the point of be- ginn, rg, containing about 2130 square feet. All as shown on a portion of a plan entitled "Plan of Lincoln Street Lexington As Ordered by the County Commissioners 1934 , recorded with Middlesex South District Deeds, Book of Plans 422, Plans 39 to 42. Carried Unanimously 8 :08 P. M. Article 3. Presented by Haskell W. Reed, VOTED: That the Selectmen be and hereby are authorized to abandon a drainage easement in a branch of Reed Street Brook extending from said. Brook to the northeasterly line of Reed Street over land formerly of Andrew M. Purdham and being shown as "Branch" on a Plan entitled "Plan of Reed St. Brook and Branch from Reed St. to No. Lexington Brook, Scale 1" 0 100 ' , May 28, 1937, John T. Cosgrove, Town Eng- ineer" , which is recorded in Middlesex South District Deeds, Book 6134, Page 982 said drainage easement having been taken, together with a drainage easement in said. Reed. Street Brook, by order of the Board of Selectmen, adopted. June 22, 1937 and recorded in said. Deeds, Book 6134, Page 97; that the minimum amount to be paid for such abandon- ment shall be one dollar; and that the instrument of ab- andonment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 8:10 P. N. 448 Article 4. Presented by Alan G. Adams, Chairman of the Planning Board. MOTION: To amend the Zoning By-Law as follows: o A. By striking out paragraphs (a) 1 and (a) 2 of Section 8 and inserting in place thereof the following paragraphs (a) 1 and (a) 2 : (a) R 1 and. R 2 Districts® 1® Except as hereinafter provided, in R 1 and R 2 districts there shall be provided: (See a. For each dwelling or other permitted Princi- adopted pal building erected after the adoption of amendment -on this amendment to this By-Law in H 1 districts Page 450.) situated outside of the area described in Section 8 (a) 1 b. , a lot containing an area (Article 4, as of not less than 402000 square feet and a amended (pg.450) frontage of not less than 150 feet upon the approved by frontage street® Attorney General, b. For each dwelling- or other permitted principal George Fingold on building erected in any R 2 districts and in January 4, 1954. ) R 1 districts situated within the following described area, a lot containing an area of not less than 15,500 square feet and a frontage of not less than 125 feet upon: the frontage street. Said area is bounded and described as follows : the area within the following described lines; beginning at the Arlington- Lexington town line, thence along the Cam- bridge-Concord Highway to Wellington Lane Avenue, thence along Wellington Lane Avenue to Meadow Brook Avenue, thence along Meadow Brook Avenue to Moreland Avenue, thence along Moreland Avenue to a point opposite the south- . easterly end of Buckman Drive, thence to the southeasterly end of Buckman Drive and along Buckman Drive to Locust Avenue, thence along Locust Avenue to- Follen Road, thence along Follen Road to Marrett Road, thence along Marrett Hoed to Stedman Road, thence along Stedman Road to Brookside Avenue, thence along Brookside Avenue to Waltham Street, thence along Waltham Street to Bridge Street, thence along Bridge Street to Payson Street, thence along Payson Street to Grassland Street, thence along Grassland street to Winston Road, thence along Winston Road to Hudson Road, thence along Hudson Road to Marlboro Road, thence along Marlboro Road to Woodcliffe Road, thence along Woodcliffe Road to Spring Street, thence along Spring Street to Shade Street, thence along Shade Street to Weston Street, thence along Weston Street to Lincoln Street, thence along Lincoln Street to the Northern Circumferential Highway to Grove Street, thence along Grove Street to Burlington Street, thence along Burlington Street to Hancock Street, thence - along Hancock Street to Coolidge Avenue, thence along Coolidge Avenue to Adams Street, thence along Adams Street to Woodland Road, thence along Woodland Road to Colony Road, thence along Colony Road to Grant Street, thence along Grant Street to Hayes Lane, thence along Hayes Lane to Woburn Street at the Boston and Maine Railroad, thence along the Boston and. Maine Railroad to the northwesterly line of the private way leading to the East Lexington Depot, thence in a straight line to the south- , westerly end of Bartlett Avenue at Munroe Brook, thence along Bartlett Avenue to Lowell Street, thence along Lowell Street to Summer Street, thence along Summer Street to the Arl- ington-Lexington town line, thence along the Arlington-Lexington town line to the point of beginning. 449 Article 4. (Cont. ) c® For each dwelling or other permitted Princi- pal building and for each accessory building in a 1 and R 2 districts there shall be provided: (1) A front yard of not less than 30 feet in depth on the frontage street and a front yard of not less than 20 feet in depth on each other street on which the lot abuts. (2) A side yard on each side of not less than 15 feet in width. (3) A rear yard of not less than 15 feet in - depth. 2. The foregoing provisions in Section 8 (a) 1. as to area, frontage and side yards only shall not apply to the following: a. Any lot lawfully laid out and recorded by plan or deed prior to March 17, 1924. b. . &y lot lawfully laid out and recorded by plan or deed on or after March 17, 1924 and prior to March 18, 1929, provided such lot contains an area of not less than- 5,000 square feet and a frontage upom the frontage street of not less than 50 feet. c. Any lot lawfully- /aid out and recorded by plan or deed on or after March 18, 1929 and prior to August 8, 1938, provided such lot contains an area of not less than 7,500- square feet and- a frontage upon the frontage street of not less than 75 feet. d. Any lot- lawfully la-id out and recorded by plan or deed on or after August 8, 1938 and prior to December 4, 1950, provided such lot con- tains an area of not less than 12,500 square feet and a frontage upon the frontage street of - not less than 100 feet. e. Any lot situated- outside the area described in Section 8 (a) 1 b. , lawfully laid out and re- corded by plan or deed on or after December 4, 1950 and prior to the adoption of this amend- ment to this By-Law, provided such lot contains an area of not less than 15,500 square feet and a frontage upon the frontage street of not less than 125 feet. B. If this amendment or any part hereof shall be held in- valid as to one or more parcels or tracts of land, this shall not affect its validity as to other land prd the provisions of the Zoning By-Law in effect immediately Prior to the adoption of this amendment shall apply to such parcels or tracts of land. 8:17 P. Y. Alan G. Adams read the Report of the Planning Board. 8 :25 P.M. General discussion by various speakers. Winfield S. Caouette read a letter from, the Trustees of Follen Hill Estates in opposition to the motion. The motion as presented voted on by standing vote as follows : In Favor Tellers Opposed 24 George B. Golesworthy,Jr-, 16 57 Thomas A. Napoli 36 Walter E. Sands 11 111 63 111 in favor, 63 opposed, not being a two-thirds vote the motion lost. 9:29 P. Y. Alan G. Adams asks for reconsideration of Article 4. 9 :30 P.N. Reconsideration of Article 4 voted on and carried. 9 :30 P.M. 450 . -- Article 4. Alan G. Adams presents the following amendment : p-,7- . VOTED: To amend, the main motion by striking out in sub- n paragraph "a" the figure "40,000" and, substituting in Place thereof the figure - 30,000; so that said sub- paragraph "a". will read as follows : a. For each dwelling or other permitted principal building erected after the adoption of this amendment to this By-Law in H 1 districts situated outside of the area described in Section 8 (a) 1 b., a lot containing pr area of not less than 30,000 square feet and a frontage of not less than 150 feet upon the frontage street. 9 :31 P. M. John H. Devine moves that the meeting be adjourned fo five _ weeks from this meeting. 9:37 P. N. _ Westion by the Moderator as to the time of the meeting. Answered: 8 P. F. 9 :38 P. Ni. Question by the Moderator as to what date meeting would be held. Answered: January 4, 1954. 9:39 P. M. The motion of Mr. Devine presented and declared lost by voice vote. 9 :42 P. M. The amendment as presented by ,Alan G. Adams voted on and de- clared carried by voice vote. 9 :42 P. N. . A rticle 4 as amended voted on by standing vote as follows : In Favor Tellers Opposed 30 Geprge B. Colesworthy, Jr. 12 65 Thomas A. Napoli , 28 —33. Walter B® Sands 8 126 48 128 in favor, 48 opposed, having a two-thirds vote, carried, 9:44 P. M. Article 5, Haymond W. James presegats the following: , VOTED: That the Moderator be and hereby is authorized to appoint a Job Classification and. Salary Plan Study Comm- ittee of five residents of the Town to make a study and to report with recommendations to the 1954 Annual Town Meeting as tp whether the Town should adopt a plan classifying all, Positions, other than those filled by Popular election and those under the direction and con- trol of the School Committee, into groups and classes doing substantially similar work or having substantially equal responsibilities, and a plan establishing minimum and maximum salaries to be paid to employees in positions so classified, as authorized by Section 108A of Chapter 41 of the General, Laws, Article 5 as Presented, carried by voice vote. 1001 P. N. All articles having been voted on, Alan G. Adams moves that meeting be dissolved„. 10 :01 P. M. 1 1 If A.. . e-4 1111,..,..„, .A_J:..., . - ) / / Town Clerk . . / / / / / , / i 454 ATTORNEY GENERAL'S APPROVAL 1 M,mv AMENDMENT TO ZONING BY-LAW I 7i December 29, 1953 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that the following is a true copy of an amendment -to the Zoning By-Law of the Town of Lexington which was duly adopted under Article 4 of the Warrant for the Town Meeting held on November 30, 1953 : VOTED: To amend the Zoning By-Law as follows: A. By striking out paragraphs (a) 1 and (a) 2 of Section to Woburn Street at the Boston and Maine Rail- 8 and inserting in place thereof the following paragraphs• road, thence along the Boston and Maine Rail- (a)'1 and (a) 2: road to the northwesterly line of the private way i (a) R 1 and R 2 Districts. leading to the East Lexington Depot, thence in a straight line to the southwesterly end of Bart- 1. Except as hereinafter provided, in R 1 and R 2 lett Avenue at Munroe Brook,thence along Bart- districts there shall be provided: lett Avenue to Lowell Street,thence along Low- a. For each dwelling or other permitted principal ell Street to Summer Street, thence along Sum building erected after the adoption of this a- mer Street to the Arlington-Lexington town line, mendment to this By-Law in R 1 districts situ- thence along the Arlington-Lexington town line ated outside of the area described in Section 8 to the point of beginning. (a) 1 b., a lot containing an area of not less c. For each dwelling or other permitted principal than 30,000 square feet and a frontage of not building and for each accessory building in R 1 less than 150 feet upon the frontage street. and R 2 districts there shall be provided: b. For each dwelling or other permitted principal (1) A front yard of not less than 30 feet in depth building erected in any R 2 districts and in R 1 on the frontage street and a front yard of not districts situated within the following described less than 20 feet in depth on each other street area, a lot containing an area of not less than on which the lot abuts. 15,500 square feet and a frontage of not less (2) A side yard on each side of not less than 15 than 125 feet upon the frontage street. Said feet in width. area is bounded and described as follows: the (3) A rear yard of not less than 15 feet in depth. area within the following described lines: be- 2. The foregoing provisions in Section 8 (a) 1.as to ginning at the Arlington-Lexington town line, area, frontage and side yards only shall not apply thence along the Cambridge-Concord Highway to the following: to Wellington Lane Avenue, thence along Well- a. Any lot lawfully laid out and recorded by plan ington Lane Avenue to Meadow Brook Avenue, or deed prior. to March 17, 1924. thence along Meadow Brook Avenue to More- b. Any lot lawfully laid out and recorded by plan land Avenue, thence along Moreland Avenue to or deed on or after March 17, 1924 and prior to a point opposite the southeasterly end of Buck- March 18, 1929, provided such lot contains an man Drive, thence to the southeasterly end of area of not less than 5,000 square feet and a Buckman Drive and along Buckman Drive to frontage upon the frontage street of not less Locust Avenue, thence along Locust Avenue to than 50 feet. Follen Road, thence along Follen Road to Mar- c. Any lot lawfully laid out and recorded by plan rett Road, thence along Marrett Road to Sted- or deed on or after March 18, 1929 and prior to man Road,thence along Stedman Road to Brook- August 8, 1938, provided such lot contains an side Avenue, thence along Brookside Avenue to area of not less than '7,500 square feet and a Waltham Street, thence along Waltham Street frontage upon the frontage street of not less to Bridge Street, thence along Bridge Street to than 75 feet. Payson Street, thence along Payson Street to d. Any lot lawfully laid out and recorded by plan Grassland Street, thence along Grassland Street or deed on or after August 8, 1938 and prior to to Winston Road,thence along Winston Road toDecember 4, 1950, provided such lot contains an Hudson Road, thence along Hudson Road to area of not less than 12,500 square feet and a Marlboro Road, thence along Marlboro Road to frontage upon the frontage street of not less Woodcliffe Road, thence along Woodcliffe Road than 100 feet. to Spring Street, thence along Spring Street to e. Any lot situated outside the area described in Shade Street, thence along Shade Street to Section 8 (a) 1 b.,lawfully laid out and recorded Weston Street, thence along Weston Street to by plan or deed on or after December 4„1950= Lincoln Street, thence along Lincoln Street to and prior to the adoption of this amendment to the Northern Circumferential Highway to Grove this By-Law, provided such lot contains an area Street, thence along Grove Street to Burlington of not less than 15,500 square feet and a front Street, thence along Burlington Street to Han- age upon the frontage street of not less than cock Street, thence along Hancock Street to 125 feet. Coolidge Avenue, thence along Coolidge Avenue B. If this amendment or any part hereof shall be held in- to Adams Street, thence along Adams Street valid as to one or more parcels or tracts of land, this to _Woodland Road, thence along Woodland shall not affect its validity as to other land and-the pro- . Road to Colony Road, thence along Colony visions of theZoning'By-Law in effect immediately prior Road to Grant Street, thence along Grant to the adoption of this amendment shall apply to such Street to Hayes Lane,thence along Hayes Lane parcels or tracts of land. . Said vote was adopted on a standing vote with 128 voting in the affirmative and 48 voting in the negative, being more than the re- quired two-thirds majority® - I further certify that thereafter the question involved in the aforesaid vote was duly submitted to all the registered voters of the Town of Lexington at a special Town Meeting held on December 28, 1953, at which the voters voted thereon by ballot and determined the question in the affirmative by more than the required two-thirds majority, 3 122 ballots being in-the affirmative and 966 ballots being in the negative. // Town lerk Boston, Mass® $ January 1R54 The foregoing amendment to zoning by-law is h 1 j ty approved. /Signed. /George Fingold Attorney General