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HomeMy WebLinkAbout1952-03-17-to 1952-03-24 ATM-min 366 F`n TOWN MEETING HELD MARCH 17, 1952 Meeting called to order by the Moderator, Charles E. Ferguson at 8:09 P. M. There were 189 Town Meeting Members present. Town Clerk , James J. Carroll, read the Warrant for the meeting until further reading was waived by vote of the Town Meeting Members. The Clerk read the Constable's Return for the meeting. 8:10 P.M. Article 2. Leon W. Bateman, Chairman of the Appropriation Committee, presented the Report of the Appropriation Committee which was voted to be accepted and placed on file . 8:10 P. M. Donald M. Fifield , Chairman of the Capital Expenditures Committee, presented report of the committee which was voted to be accepted , placed on file and the committee discharged. 8:11 P. M. Donald K. Irwin presented Progress Report of Building and Plumbing By-Law Study Committee which was voted to be accepted , placed on file , and the committee be continued and file a written report not later than the next annual Town Meeting which shall include such changes in and amendments or additions to the said By-Laws and either of them as the committee may recommend. 8:12 P. M. Rev. Harold T. Handley presented Report of the Sunny- field Sewer Committee which was voted to be accepted and placed on file and the committee discharged. 8:13 P.M. Fred C. Newhall presented Report of Assessment Study Committee which was voted to be accepted and the committee discharged. 8:15 P. M. Edward B. Cass presented report of the Committee to Investigate and Study "An Act Relative to the Organi- zation of Union Health _Department s" . Said report was voted to be accepted and the committee discharged. 8:24 P. M. Charles H. Norris, Chairman , presented Progress Report of the High School Building Committee which was voted to be accepted and placed on file . 8:27 P. M. Donald E. Nickerson, Chairman, Board of Selectmen , presented the following : VOTED: That a Committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried Unanimously 8:28 P. M. Donald E. Nickerson , Chairman, presented the following: VOTED : That the Moderator be and he hereby is authorized and directed to appoint a Town Office Building Committee of five residents of the town to study the adequacy of the present Town Office Building and to file a report not later than the next annual town meeting of their findings and any recommendations. Carried Unanimously 8:29 P. M. Donald E. Nickerson presented progress on the develop- ment of Edison Way. 8:30 P. M. 367 Donald E. Nickerson , Chairman , presented report of committee for the Construction of the New Fire Station in East Lexington . REPORT OF COMMITTEE TO SUPERVISE ON BEHALF OF ANDUNDER THE DIRECTION OF THE BOARD OF SELECTMEN, THE CONSTRUCTION OF THE NEN FIRE STATION IN EAST LEXINGTON To the Voters of the Town of Lexington: The Committee, appointed by Moderator by Town Meeting vote March 26, 1945, to Supervise on Behalf of and Under the Direction of the Board of Selectmen, the Construction of the New Fire Station in East Lex- ington wishes to submit the following report and asks to be discharged. Amount appropriated $ $5,000.00 Amount expended $4,909.18 Balance 90.82 Respectfully submitted, March 17, 1952 Donald E. Nickerson George W. Emery Harold E. Roeder Aiden L. Ripley George. C. Sheldon Report accepted, placed on file and the committee discharged. Carried Unanimously 8:31 P. M. Donald E. Williamson presented the following motion: 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 Committee , to make a thorough study of the capital expenditures projects that may be required by the Town within the five year period 1953 to 1957 inclusive and to file a report at the next annual Town Meeting setting forth all such projects together with the Committee 's recommendations as to the projects that should be. undertaken within the fiveye period eriod and the approximate date on which each recommended project should be started. Carried Unanimously 8:32 P. M. Unless otherwise noted, all articles presented by Donald E. Nickerson, Chairman of the. Board of Selectmen . Article 3. 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 , 1953 , and to issue a note or notes therefor_ payable within one year and to renew any note or notes as 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 8:33 P. M. Donald E. Nickerson, Chairman, moves to take up Article 4. Same presented by the Moderator, Charles E. Ferguson as follows: Article 4. VOTED: That the following amounts be appropriated for the current year and be raised in the current tax levy except that where a transfer is indicated they shall be provided by such a transfer: Appropriation Committee Personal Services $ 595.00 Expenses 1,250.00 Carried Unanimously 8:34 P. M. Selectmen's Department Personal Services 7,339.24 Expenses 3 ,661.00 Carried Unanimously 8:34 P. M. 368 Article 4. Accounting Department (Cont . ) Personal Services $ 8,995.96 Expenses 500.00 Carried Unanimously 8:37 P. M. Town Clerk & Town Treasurer's Department Personal Services 6,540.38 Expenses 895.00 Carried Unanimously 8:38 P. M. Collector's Department Personal Services 4,495.96 Expenses 2,527.00 Carried Unanimously 8:39 P. M. Assessors' Department Personal Services 12,366.09 Expenses 2,000.00 Carried Unanimously 8:39 P. M. Law Department Personal Services 4,000.00 Special Fees 5,000.00 Expenses 1,500.00 Carried Unanimously 8:39 P. M. Elections Department-Jurisdiction Selectmen Expenses 4,978.60 Carried Unanimously 8:40 P. M. Elections Department-Jurisdiction Town Clerk Expenses 550.00 Carried Unanimously 8:40 P. M. Registrations Department Personal Services 1,022.00 Expenses 600.00 Carried Unanimously 8:40 P. M. Public Works Superintendent 's Office Personal Services 25,128.45 Expenses 730.00 Carried Unanimously 8:40 P. M. Town Offices & Cary Memorial Building Personal Services 8;784.67 Expenses 18,685.00 Carried Unanimously 8:42 P. M. Engineering Department Personal Services 20,000.00 Expenses 1,230.00 Carried Unanimously 8:46 P. M. Board of Appeals Expenses 1,057.40 Carried Unanimously 8:46 P. M. Planning Board Expenses 1,300.00 Carried Unanimously 8:46 P. M. Police Department Zersonal Services expenses Carried Unanimously 8:47 P. M. 369 Article 4. Parking Meter Maintenance-Jurisdiction Police (Cont . ) Expenses $ 270.00 (This amount to be transferred from the Parking Meter Account. ) Carried Unanimously 8:47 P. M. Parking Meter Maintenance-Jurisdiction Town Treasurer Expenses 125.00 (This amount to be transferred from the Parking Meter Account. ) Carried Unanimously 8:47 P. M. Fire Department Personal Services 108,398.18 Expenses 20,785.00 Carried Unanimously 8:48 P. M. Building & Plumbing Department Personal Services 5 ,400.00 Expenses 1,175.00 Carried Unanimously 8: 55 P. M. Wire Inspector Personal Services 1,209.96 Expenses 300.00 Carried Unanimously 8:55 P. M. Sealer of Weights & Measures Personal Services 726.00 Expenses 325.00 Carried Unanimously 8: 55 P. M. Insect Suppression Personal Services 550.00 Wages & Expenses 4,500.00 Carried Unanimously 8:55 P. M. Shade Trees Wages & Expenses 11,358.40 Carried Unanimously 8:55 P. M. Forest Fires Personal Services 50.00 Wages & Expenses 500.00 Carried Unanimously 8:56 P. M. Dog Officer Personal Services 135.00 Expenses 550.00 Carried Unanimously 8:56 P. M. Health Department Personal Services 4,075.00 Expenses 3 ,720.00 Carried Unanimously 8: 56 P. M. Dog Clinic Expenses 444.00 Carried Unanimously 8:56 P. M. 370 Article 4. Dental Clinic (Cont. ) C7-1 Personal Services $ 2,394.00 Expenses 500.00 Carried Unanimously 8: 57 P. M. Posture Clinic Expenses 1,164.00 Carried Unanimously 8: 57 P. M. Vital Statistics Expenses 25.00 Carried Unanimously 8:57 P. M. Animal Inspection Personal Services 680.63 Carried Unanimously 8:58 P. M. Sewer Maintenance Wages & Expenses 4,050.00 - Carried Unanimously 8: 58 P. M. Sewer Services Services 34,100.00 ($10,000. is to be transferred from the Excess and Deficiency Account . ) Carried Unanimously 8:59 P. M. Garbage Collection Expenses 14,500.00 Carried Unanimously 8: 59 P. M. Care of Dumps & Removal of Ashes Wages & Expenses 7 ,660.00 Carried Unanimously 8:59 P. M. Public Works Building Wages & Expenses 20,875.00 Carried Unanimously 8: 59 P. M. Highway Maintenance Wages & Expenses 70,000.00 Carried Unanimously 8: 59 P. M. Highway Department - Road Machinery Expenses 28,200.00 (This amount to be transferred from the Road Machinery Fund. ) Carried Unanimously 9 P. M. Snow Removal Wages & Expenses 40,000.00 Carried Unanimously 9 P. M. Traffic Regulation & Control Expenses 2,725.00 Carried Unanimously 9 P. M. Street Lights Expenses 32,400.00 Carried Unanimously 9 P. M. Street Signs Expenses 1,450.00 Carried Unanimously 9:01 P. M. 371 Article 4. Public Welfare Department (Cont . ) Personal Services $ 6,649.27 Aid & Expenses 18,000.00 Administration 925.00 Carried Unanimously 9:01 P. M. Disability Assistance Aid & Expenses 5,600.00 Carried Unanimously 9:01 P. M. Dependent Children Aid & Expenses 16,552.00 Carried Unanimously 9:01 P. M. Old Age Assistance Aid & Expenses 82,000.00 Carried Unanimously 9:02 P. M. VeteransServices Pei-sonal Services 1,266.47 Aid & Expenses 10,000.00 Carried Unanimously 9:02 P. M. Soldier's Burials Expenses 150.00 Carried Unanimously 9:02 P. M. School Maintenance Personal Services 564,673.49 Expenses 125,000.00 Americanization Classes 203 .00 Vocational Education 2,700.00 Handicraft Classes 4,900.00 Out of State Travel 300.00 Lunchroom 1,000.00 Athletics 11,750.00 Carried Unanimously 9:06 P. M. Cary Memorial Library Personal Services 27,629.89 Expenses 11,759.68 (In addition to the amount. of $2,313 .32 received from the County for Dog Licenses) Carried Unanimously 9:07 P. M. Parks Personal Services 3 ,258.72 Wages & Expenses 18,000.00 Carried Unanimously 9:08 P. M. Recreation Committee Personal Services 6 ,200.00 E#en'ses 7,700.00 Carried Unanimously 9:08 P. M. Contributory Retirement System Pension Accumulation Fund 19 ,719.27 Carried Unanimously 9:09 P. M. Contributory Retirement Expenses 325.00 Carried Unanimously 9:09 P. M. 372 Article 4.. Patriots' Day v.f (Cont. ) Expenses $ 1,000.00 Carried Unanimously 9:09 P. M. Memorial Day Expenses 325.00 Carried Unanimously 9:09 P. M. Insurance Premiums 1$,74.5.00 Carried Unanimously 9:09 P. M. Printing Town Report Expenses 1,500.00 Carried Unanimously 9:09 P. M. Ambulance`Maintenance Expenses 675.00 Carried Unanimously 9:10 P. M. Administration of. Trust Funds Expenses 125.00 Carried Unanimously 9:10 P. M. Unclassified Expenses 900.00 Carried Unanimously 9:10 P. M. Water Maintenance Wages & Expenses 35,155.00 Carried Unanimously 9:10 P. M. Water Services Wages & Expenses 37,500.00 Carried Unanimously 9:10 P. M. Cemetery Maintenance - Munroe Personal Services 51+3 .10 Wages & Expenses 6,500.00 (Of which $500.00 is to be transferred from the Income Trust Fund - Munroe Cemetery. ) Carried Unanimously 9:11 P. M. Cemetery Maintenance - Westview Personal Services 1,11$.75 Wages & Expenses 12,000.00 (Of which $1,000 is to be transferred from the Income Trust Fund, - Westview Cemetery ; and $2,000 is to be transferred from the Westview Sale of Lots Fund. ) Carried. Unanimously 9:11 P. N. William G. Potter offers the following amendment_: Cemetery Maintenance - Munroe Wages & Expenses read 6,863.24 Amendment declared carried by voice vote 9:17 P. M. Article 4. William G. Potter offers the following amendment (Cont . ) Cemetery Maintenance Westview Wages & Expenses reads $13 ,328.40 Amendment declared carried byvoice vote 9:18 P. M. which was doubted and a standing vote taken as follows: In Favor Tellers Opposed 24 Alan G. Adams $ 61 Rev. Harold T. Handley 37 13 Frederic B. Fletcher 27 98 72 Amendment Adopted 9:20 P. M. Donald E. Nickerson, Chairman , reads: AND FURTHER VOTED: That the following amounts be appropriated: Interest on Debt Interest 55,823 .75 Maturing Debt 300,000.00 and be provided as follows: $22,380.27 is to be transferred from the School Reimbursement Fund ; $50 ,000.00 is to be transferred from the Excess and Deficiency Account; and $227 ,619.73 is to be raised in the current tax levy. Carried Unanimously 9:21 P. M. The Moderator declared all items of Article 4 adopted. II 9:21 P. M. Article 5. VOTED: To establish the salary and compensation of the Town -Treasurer, Town Clerk and Town Collector of Taxes as follows : Town Treasurer $1,875.00 Town Clerk 2,625.00 Town Collector of Taxes 4,500.00 and to raise and appropriate therefor the sum of $9,000.00. Carried Unanimously 9:24 P. M. (Explanation by Leon W. Bateman , Chairman of the Appro- priation ppro-priation Committee that the titles of the Town Treasurer and Town Clerk should have been reversed. ) Article 6. Voted to be indefinitely postponed. (No balances to transfer) Carried Unanimously 9:25 P. M. Article 7. VOTED: To raise and appropriate the sum of 56,367.04 for the unpaid bills for prior years of the following accounts: Posture Clinic Expenses (Claus Gelotte, Inc. ) $7. 58 Town Treasurer's Expenses (Merchants National Bank) $2,522.47) Public Welfare-Aid & Exp. (Mass. De 't. of Public Welfare) $3 ,836.99 Carried Unanimously 9:27 P. M. Article 8. VOTED : To appropriate $20,000 for the Reserve Fund and to provide for the payment thereof by a transfer of $3 ,999.93 from the Overlay Reserve Fund and a transfer of $16,000.07 from the Excess and Deficiency Account. Carried Unanimously 9:28 P. M. Article 9. VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an r ,1 audit for the year 1952. Carried Unanimously 9:2$ P. M. Article 10. VOTED: That the Selectmen be and they hereby are auth- orized 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 determine , subject to the assessment of betterments , or otherwise , and to take by eminent domain or otherwise acquire any fee , easement or other interest in land necessary therefor ; and to appropriate for such install- ation and land acquisition the sum of $5,340.00 , and that the said sum of $5,340.00 be provided by a transfer from the Excess and Deficiency Account. Carried Unanimously 9:30 P. M. AND FURTHER VOTED: . That the Selectmen be and they hereby are authorized to install water mains of sixteen inches or more in diameter in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments , or otherwise, and to take by eminent domain or otherwise acquire any fee , easement or other interest in land necessary therefor; and to appropriate for such installation and land acquis- ition the sum of $109,311.53 , of which $25 ,000.00 is to be transferred from Water Assessment Fund, S27 ,000.00 is to be transferred from the Water Department . Available Surplus, $17 ,311.53 is to be transferred from Water Con- struction , 16n and Over Account , and the balance of $40,000.00 is to be provided by the issue of bonds or notes of the Town ; and that the Treasurer, with the approval of the Select ten, be and he hereby is , authorized to borrow the sum of $40 ,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, within a , period not exceeding eight years. General discussion by various speakers. William H. Lyon makes motion that the article be laid upon the table. Motion declared lost 9:3$ P. M. which was not unanimous and a standing vote taken as- follows: In Favor Tellers Opposed 0 Alan G. Adams 29 2 Rev. Harold T. Handley 93 2 Frederic B. Fletcher 31 4 153 Thereby the motion to lay on the table was declared lost 9:45 P.M. Original vote as presented Carried Unanimously at 9:45 P. M. George W. Emery calls attention to the Moderator to reserve the right to re-open Article 4. 9:49 P. M. Article 11. 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 1$97 and all acts in amendment thereof and in addition thereto , or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor ; and to appropriate for such install- ation and land acquisition the sum of $140,000.00, of which $20,000.00 is to be transferred from the Excess and Defic- iency Account ; $40,000.00 is to be transferred from the Sewer Assessment Fund and the balance of. $$0,000.00 is to be provided by the issue of bonds or notes of the townn , and that the Treasurer, with the approval of the Selectmen , be and he hereby is authorized to borrow the sum of $$0,000.00 and issue bonds or notes of the town therefor , to be payable in accordance with the provisions of Chapter 44 of the Gen- eral Laws within a period not exceeding sixteen years. 375 Article 11. General . discussion. _ William E. Phillips stated he (Cont . ) desires to present an amendment _ to Article 11 which he did not have written up. The Moderator declared a recess in order to allow Mr. Phillips to draw up his amendment. 9: 57 P. M. Recess declared over by the Moderator at 10:07 P. M. , declaring the meeting back in order. The Moderator read the amendment as presented by William E. Phillips. Article 11. VOTED: That the Selectmen be and they hereby are auth- orized to install sewer mains in such accepted or un- accepted streets or other land as the Selectmen may determine in accordance with Chapter 504 of the Acts of 1$97 and all acts in amendment thereof and in addition thereto , or otherwise , and to take by eminent domain or otherwise acquire any fee , easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $70,000.00, of which $20 ,000.00 is to be transferred from the Excess and Deficiency Account ; and the . balance of $50,000.00 is to be provided by the issue of bonds or notes of the town , and that the Treasurer , with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $50 ,000.00 and issue bonds or notes of the town therefor, to be payable in accordance with the provis- ions of Chapter 44 of the General Laws within a period not exceeding sixteen years. 10:09 P. M. Amendment voted on and declared lost by voice vote . 10:15 P.M. Original motion of Article 11 as presented carried unanimously at 10:16 P. M. Article 12. Indefinitely postponed. 10:17 P. M. Article 13. VOTED : That the sum of $1,700.00 be appropriated for the purchaseof three new cruising cars by the Selectmen for the Police Department, this sum to be transferred from the Excess and Deficiency Account and that , in addition, authority is hereby given to turn in three used cruising cars to apply toward the purchase price. Carried Unanimously 10:1$ P. M. Article 14. That this article be indefinitely postponed. Mr. Peter Zitso spoke against postponement . Standing vote on indefinite postponement taken as follows : In Favor Tellers Opposed 25 Alan G. Adams 9 45 Rev. Harold T. Handley 44 10 Frederic B. Fletcher 29 $0 $2 Indefinite Postponement Lost 10:26 P. M. Vernon C. Page moves that Article be laid on table . Moderator declares motion of Mr. Page not in order, in fact no motion before the meeting at this time. 10:2$ P. M. Amendment presented by William F. Downes as follows: Voted that the sum of $6,$00 be appropriated and transferred from E & D Account to purchase of rescue truck and equipment for Fire Department . 10:30 P. M. 376 Amendment presented by Martin A. Gilman as follows: r`z i Voted to amend motion to change amount to $3 ,$00.00. Amendment voted on and declared lost .by voice vote . 10:35 P.M. Motion as presented by. William. F. Downes voted on and declared carried which was questioned. Standing vote taken as follows: In Favor Tellers Opposed 13 Alan G. Adams 1$ 62 Rev. Harold T. Handley 24 32 Frederic B. Fletcher 7 107 49 Motion adopted 10:41 P. M. Donald E. Nickerson asks that Article 4 be re-opened. 10:42 P.M. Donald E. Nickerson offers the following motion: That that part of Article 4 concerning the Fire Department Expenses read $17 , 500.00 instead of $20,7$5.00. Reconsideration carried by voice vote at 10:44 P. M. Amendment as read by Mr. Nickerson adopted 10:45 P. M. Motion as amended to read: Expenses $17,500.00 Carried by voice vote 10:45 P. M. Unanimous . Article 15. VOTED : That the sum of $$,123 .33 be raised and approp- riated for pensions for retired members of the `Police Department , and that the sum of $5 ,391.54 be raised and appropriated for pensions for retired members of the Fire Department under Chapter 32 of the General Laws. Carried Unanimously 10:45 P. M. Article 16. VOTED : That the sum of $1,000 be raised and appropriated to meet the Town's share of the cost of Chapter 90 high- way maintenance , and that , in addition, the sum of $2,000 be transferred from the Excess and Deficiency Account to meet the State and County shares of the cost of the work , the reimbursements from the State and County to be restored, upon their receipt to said Account. Carried Unanimously 10:46 P. M. Article 17. VOTED : That the sum of $4, 000 be raised and appropriated to meet the Town's share of the cost of construction of all or any part of Hill Street under Chapter 90 highway construction, and that , in addition, the sum of $12 ,000 be transferred from the Excess and Deficiency Account to meet the State and County shares of the cost of the work, the reimbursements from the State and County to be re- stored, upon their receipt, to said Account. Carried Unanimously 10:4$ P. M. Article 1$. VOTED: That the sum of $1, 500 be raised and appropriated for Civilian Defense. Carried Unanimously 10:49 P. M. Article 19. VOTED : That the Selectmen be and they hereby are auth- orized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall deter- mine , where the abutting owner pays one-half of the cost , or otherwise , and to raise and appropriate therefor the sum of 8500. Carried Unanimously 10: 50 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 $750 be raised and appro- priated therefor . Carried Unanimously 10: 50 P. M. 37'( Article 21. VOTED : That the sum of. $5,000 be . raised and appropriated for the improvement. _of _lowlands_.and swamps in the erad- ication ofmosquitoes , under _Section 4A of Chapter 252 of the General Laws. Carried Unanimously 10:50 P. M. Article 22. VOIEI : That the Selectmen be and they hereby are auth- orized to install drains in such land as the Selectmen may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain or otherwise acquire any fee , easement or other interest in land necessary therefor, and to appropriate - for such installation and land acquisition the sum of 534,000.00 , this amount to be transferred from the Excess and Deficiency Account. Carried Unanimously 10:52 P. M. Article 23 . VOTED : To appropriate the sum of $12,300.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works and to provide for the payment thereof by a transfer of $12,300 from the Road Machinery Fund. Carried Unanimously 10:53 P. M. Article 24. VOTED: To enlarge the scope of the Road Machinery Fund bycrediting to said Fund an amount based on hourly rental for the use of motorized equipment of the Depart- ment of Public Works when used on various projects carried on under the direction of said Department or other Departments of the Town , the amount of said charge -not to exceed the amount allowed by the State for the use of similar equipment . Carried Unanimously 10:54 P. M. Article 25. VOTED : That the Selectmen be and they hereby are author- ized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 10:55 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 1953 Annual Town Meeting. Carried. Unanimously 10:55 P. M. Donald T. Clark moves that meeting be adjourned until March 24, 1952 at $ P. M. Unanimously voted 10: 55 P. M. The Moderator declares the meeting stands adjourned until March 24, 1952 at $ P. M. 10:55 P. M. Attest. C \ ;' ,Y1-7 fee. / At —mow ate s Town Clerk 378 7-6 ADJOURNED TOWN MEETING HELD MARCH 24, 1952. Meeting called to order by the Moderator , Charles E. Ferguson , at 8:05 P. M. There were 184 Town Meeting Members present. Donald E. Nickerson , Chairman of the Board of Selectmen , presented report of Cary Lecture Committee as follows: March 24, 1952 To the Citizens of Lexington The Committee in charge of the lectures provided under the wills of Eliza Cary Farnham and Susanna E. Cary submits its twenty-second Annual_ Report covering the period from January 1 , 1951 to December 31, 1951. February 8, 1951 Highland Glee Club David Smith , Pianist February 28, 1951 The Beautiful Jepson "Opera Night" The expenses incurred for these lectures have been defrayed, by the Isaac Harris Cary Educational Fund. Respectfully submitted, CARY LECTURE COMMITTEE Marguerite Halton , Chairman James V. MacDonald Samuel F. Parker Voted to be accepted and placed on file . Carried Unanimously 8:06 P. M. Article 27 presented- by Ruth Morey, Chairman of the School Committee. Article 27. VOTED : That the Moderator be and hereby is authorized and directed to appoint an Elementary School Facilities Committee of seven residents of the Town , two of whom shall be members of the School Committee, at the time of their appointment , to study elementary school building needs and report on the sufficiency of existing- facil- ities and to have authority to recommend expansion of these facilities and to obtain preliminary plans for such expansion; and that the sum of $6,500 be appropriated for the expenses of the -Committee and be provided by transfers as follows: $475.00 from the Elementary School Sites Committee Account , $972.50 from the Elementary School Building Program Committee Account , $578.86 from the High School Building Committee of Fifteen Account , and $4,473.64 from the Excess and Deficiency Account . General discussion . Amendment presented by John H. Devine as follows: Article 27. VOTED: That the Moderator be and hereby is authorized and directed to appoint an Elementary School Facilities Committee of seven residents of the Town , two of whom shall be members of the School Committee, at the time of their appointment , to study elementary school building needs and report on the sufficiency of existing facil- ities and to have authority to recommend expansion of these facilities; and that the sum of $6,500 be approp- riated for the expenses of the Committee and be provided by transfers as follows: $475.00 from the Elementary School Sites Committee Account , $972. 50 from the Elem- entary School Building Program Committee Account , $578.86 from the High School Building Committee of Fifteen Account , and $4,473.64 from the Excess and Deficiency Account. 379 Question on anendment as presented by -John H. Devine voted on and declared not adopted by voice vote. 8:17 P. M. Main motion as presented by Mrs. Morey voted on and declared carried unanimously at 8:17 P. M. All articles presented by Donald E. Nickerson , Chairman, unless otherwise noted. Mr. Nickerson asks permission to take up Articles 28-37 inc. together which was so voted and carried unanimously 8:19 P. M. Article 28. VOTED: To establish as a town way , and accept the layout of as a town way, Wilson Road from Marrett Road, a dis- tance of approximately 799 feet northerly as laid out by the Selectmen , under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk dated January 10, 1952, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously 8:19 P. M. Article 29. VOTED : To establish as a town way , and accept the layout of as a town way , Independence Avenue from Smith Avenue southeasterly a distance of approximately 584 feet as laid out by the Selectmen , under the Betterment Act , and shown upon a plan on file in the office of the Town Clerk dated January 10, 1952, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor . Carried Unanimously 8:20 P. M. Article 30 . VOTED: To establish as a town way, and accept the layout of as a town way , Preston Road from Simonds Road easterly a distance of approximately 1 ,450 feet to Simonds Road as laid out by the Selectmen, under the Betterment Act, and shown upon- a plan on file in the office of the Town Clerk dated January 10, 1952, and to take by eminent domain , purchase or otherwise acquire any easement or other interest in land necessary therefor . Carried Unanimously 8:23 P. M. Article 31 . VOTED: To establish as a town way, and accept the layout of as a town way , Hillcrest Street from Winter Street , a distance of- approximately 460 feet easterly as laid out by the Seleatmen , under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk dated January 10, 1952,, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously 8:26 P. M. Article 32. VOTED: To establish as a town way , and accept the layout of as a town way, Barrymeade Drive from Lincoln Street a distance of approximately 734 feet northerly as laid out by the Selectmen , under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk dated January 10, 1952, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously 8:28 P. M. Article 33. VOTED : To establish as a town way, and accept the layout of as a town way , Woodcliffe Road from Spring Street a distance of approximately 2,380 feet to Hudson Road, as laid out by the Selectmen , under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1952 and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor . Carried -Unanimously 8:30 P. M. 380 Article 34. VOTED : To establish as a town way , and accept the layout of as a town way , Underwood Avenue from Spring Street , a distance of approximately 860 feet southeasterly to C:J Woodcliffe Road as laid out by the Selectmen , under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk dated January 10, 1952, and to take by eminent domain, purchase -or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously 8:31 P. M. Article 35. VOTED : To establish as a town way , and accept the layout of as a town way , Normandy Road from Hudson Road, a distance of Approximately 1,464 feet southwesterly to Woodcliffe Road , as laid out by the Selectmen , under the Betterment Act, and shown upon a plan on file in the 1 office of the Town Clerk dated January 10, 1952, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously 8:32 P. M. Article 36. VOTED : To establish as a town way , and accept the layout of as a town way , Munroe Road from Hudson Road approx- imately 1,771 feet southwesterly to beyond Woodcliffe Road as laid out by the Selectmen , under the Betterment Act , and shown upon a plan on file in the office of the Town Clerk dated January 10, 1952, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously 8:33 P. K. Article 37. VOTED: To establish as a town way, and accept the layout of as a tole). way , Hudson Road from Spring Street, a distance of approximately 1 ,006 feet southeasterly, as laid out by the Selectmen , under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk dated January 10, 1952, and to take by eminent domain , purchase or otherwise acquire any easement or other interest in land necessary therefor . Carried Unanimously 8:34 P. M. Articles 28-37. VOTED: To appropriate for land acquisition and for construction of the ways enumerated in Articles 28 to 37 inclusive , the sum of 4,105,000 and to provide for the payment thereof by transfers of $1,034.70 from Street Construction Liberty, Ledgelawn, etc. Account and $8,965.30 from the Excess and Deficiency Account , and the balance of $95 ,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 $95 ,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 ten years. Carried Unanimously 8:44 P. M. Article 38. VOTED: To amend the Zoning By-Law so as to change certain land from an R 1 District to a C 1 District by adding in Presented Section 4. (c) C 1 - Local business districts, the by following new paragraph: Alan G. 24. A district on the southeasterly side of Waltham Street Adams beginning at the point of intersection of the southerly sideline of Vine Brook Road and the easterly sideline of Waltham Street , thence running southerly along said easterly sideline of Waltham Street a distance of 471 feet plus or minus to a point; said point being the inter- section of the easterly sideline of Waltham Street and the northerly sideline of the Vine Brook easement , so called; thence turning and running easterly along said northerly sideline of the Vine Brook easement a distance of 247. 53 feet to a point ; thence turning and running northeasterly along land now or formerly of Ryder 183 feet plus or minus to a point ; thence turning and running westerly along land now or formerly of J. Joseph and Anne T. Hurley , 14 feet plus or minus to a point ; thence turning and running northeasterly along land now or formerly of J. Joseph and Anne T. Hurley , 75 feet plus or minus to a point; thence turning and running in a northwesterly 381 Article 38. direction along lathnow or formerly of Morse , 174 feet (Cont . ) plus or minus to a, point; thence turning and running northeasterly along land now or formerly of Morse , 58 feet to Vine Brook Road; thence turning and running westerly along the southerly sideline of Vine Brook Road a distance of 92 feet plus or minus to the point of beginning. Report of Planning Board read by Alan G. Adams: Article 38. The Planning Board held a public hearing on this pro- posed amendment to the Zoning By-laws on Monday evening, March 10. At this hearing at which many of the abuttors were present, 18 favored the adoption of the amendment and one opposed. The Planning Board has voted to recommend t' is adoption. The proposed change was originally based on the petition by one of the property owners in the areaaffected. At the time of his petition it was proposed to change it into a C-2 or central business district . At the public hearing held then many of the abuttors opposed it but felt that if the amendment were changed to a C-1 or neighborhood district , that they would not object. The petitioner consented to da this . This is the first town meeting held since the petition , and the Planning Board feels that it was fair to proceed with this suggested change .- A C-1 district provides certain restrictions on the type- of business going into the area. For instance , a package store is not a permitted use. There must be -a front yard not less than 20 ft. 'in depth , and a side yard of not less than 20 ft. if it adjoins resential property . Parking area must be provided in the proportion of 2 sq'. ft. to one sq. ft. of ground area of the building. The Planning Board feels that with the extremely rapid growth of the town that additional business area in the center is needed. One of the logical expansions of the bus- iness area is down Waltham Street. Alan G. Adams , Chairman Donald D. Hathaway Donald K. Irwin Frederick K. Johnson William G. Potter Aiden L. Ripley Moderator states twO-thirds vote required. Standing vote taken as follows: In Favor Tellers Opposed 12 Ruth Morey 29 3 Thomas A. Napoli 27 10 Gardner L. Frost 53 4- Edward W. Sibley 32 29 141 Motion Lost 9:08 P. M. Article 39. VOTED: To amend the Zoning By-Law so as to change certain land from an R 1 District- to a C 1 District by Presented adding in Section 4. (c) C 1 - Local business districts , by the following new paragraph: Alan 25. A district at the northwesterly corner of Waltham G. Street and Concord Avenue and extending 200 feet northerly Adams along the westerly line of Waltham Street and 200 feet westerly along the northerly line of Concord Avenue from the intersection of said street lines, thence back at right angles to each said street until the exterior lines intersect. Report of Planning Board read by Alan G. Adams: Article 39. The Planning Board held a public hearing on this pro- posed amendment on March 10 and no persons appeared either for or against. The Planning Board voted to recommend, the adoption of this amendment . At the time the zoning by-laws were revised two years ago, certain business areas were dropped out unless there was some objection by the owner. As it turned out , the owner in this case was not aware of the proposed change and wished it to be restored. The Planning 382 Board felt that this request was reasonable , particularly in view of the development of residential areas in the adjoining neighborhood. Alan G. Adams , Chairman William G. Potter Aiden L. Ripley Article 39 Carried Unanimously 9:10 P. M. Article 40 presented by Alan G. Adams . Article 40. VOTED : To amend the Zoning By-Law to correct an error in the description of the land described in Section 4 (c) C 1 - Local business districts , paragraph 14, by changing the bearing of the line described as having a length of 148.54 feet from "N 50° 22' 30" W" to N 5° 22' 30" W, so that the said paragraph 14 will read as follows : 14. A district at the southwesterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of said Concord Avenue , thence bearing to the right with a curve of 69.17 feet radius distant 90.99 feet to a point of tangency in the westerly line of said Waltham Street , thence S 5' 391 05" E distant 42.06 feet to a point of curvature , thence bearing to the right with a curve of 1945.62 feet radius distant 52.94 feet to a point , thence n 81° 04' 20" W distant 150 feet to a point, thence N 5° 22' 30" W distant 148.54 feet to a point in the southerly line of Concord Avenue , thence S 81° 01' 25" E distant 96.61 feet to the point of beginning. Report of Planning Board read by Alan G. Adams: Article.40. The Planning Board held a public hearing on this proposed amendment on Monday evening, March 10, and no persons were present to either oppose or approve the amendment . The Planning Board voted to approve the amendment as it was a case of correcting a previous error in a description of the business zone. Alan G. Adams , Chairman William G. Potter Aiden L. Ripley Article 40 Carried Unanimously 9:12 P. M. Article 41 presented by Donald E. Nickerson , Chairman. Article 41. VOTED: To amend the General By-Laws by adding thereto a new Article to be known as Article XXVII and entitled "School Traffic Patrol" and to read as follows: Article XXVII. Section 1. The Board of Selectmen may appoint special policemen or policewomen for part time and intermittent work for the protection of school children going to and from schools. Section 2. Such special police shall be known as "Lex- ington School Traffic Patrol". and shall wear a prescribed uniform, to be furnished by the Town , when on duty and display a police badge with an appropriate designation thereon. In the enforcement of Chapter 90 of the General Laws of Massachusetts and all Town By-Laws and traffic rules , regulations , and orders relating to the operation, parking , standing, and use of vehicles, they shall have all the powers of constables except the power of serving and executing civil process. They shall be subject to all the rules and regulations of the Lexington Police Department not inconsistent with their authority and duties except that they may be dismissed at any time by the Board of Selectmen without a hearing or the preferment of charges, and shall be entitled only to such provisions, if any, as to absence and disability as the Board of Selectmen may from time to time determine . Carried Unanimously by Voice Vote . 9:17 P. M. 388 Article 42 presented by Alan G. Adams . Article 42. VOTED: To authorize the Planning Board to obtain options for land or rights therein that it desires to recommend be acquired by the Town as locations for future streets and to appropriate therefor the sum of $500; said sum to be provided by transfer from the Excess and Deficiency Account. Carried by Voice Vote . 9:24 P. M. Article 43 presented by Donald E. Nickerson. Article 43. VOTED: That the Selectmen be and hereby are authorized to settle the suit of W. John Baskin and Frances May Baskin for damages arising out of the taking by eminent domain of an easement for public highway purposes in certain land situated on East Street by order of the Middlesex County Commissioners dated January 25, 1946, which suit is now pending in the Middlesex Superior Court, Docket No. 155 ,570, by payment of $500 and the conveyance by the Town to the Baskins by deed executed by the Selectmen , of a strip of land on Adams Street shown on a plan entitled "Plan of Land in Lexington , Mass. Mar. 10, 1952, William M. Burns , Town Engineer" and bounded and described as follows: Northerly by Adams Street , 20 feet ; Westerly by land of W. John and Frances May Baskin, 150 feet.; Southerly by other land of the Town of Lexington , 20 feet and Easterly by other land of the Town of Lexington, 150 feet , and Containing 3 ,000 square feet as shown on said plan; and that payment of said $500 be provided by a transfer from the Excess and Deficiency Account. Carried Unanimously 9:27 P. M. Article 44 presented by Donald E. Nickerson. Article 44. VorT7D: To amend Section 6 of Article VI of the General By-Laws by striking out said Section and inserting in place thereof a new Section 6 to read as follows : Section 6. That portion of the Town Office Building which is occupied by the offices of the Board of Selectmen , or Board of Public' Works , the Town Clerk , the Town Treasurer, and the Collector of Taxes, shall be ept open contin- uously for the transaction of business for eight hours each week day except holidays and Saturdays , the parti- cular hours to be arranged by the Selectmen for the con- venience of the public , and may be kept open during such evening hours as the Selectmen may from time to time determine . Martin A. Gilman offers the following amendment : Under Article 44 I offer the following amendment by striking , out the words "and may be kept open during such evening hours as the Selectmen may from time to time determine."" ) and in- serting in place thereof: "and shall be kept open one evening each week for at least two consecutive hours , the day and tine for such evening hours to- be determined by the Board of Selectmen . Voted to amend Article 44 as presented by Martin A. Gilman. Carried 9:32 P. M. Article 44 as amended by Martin A. Gilman . Article 44. VOTED: To amend Section 6 of Article VI of the General By-Laws by striking out said Section and inserting in place thereof a new Section 6 to read as follows : Section 6. That portion of the Town Office Building which is occupied by the- offices of the Board of Select- men, or Board of Public Works , the Town Clerk , the Town Treasurer, and the Collector of Taxes, shall be kept open continuously for the transaction of business for 384 ez,7 Article 44. eight hours each week day except holidays and Saturdays , (Cont. ) the particular hours to be arranged by the Selectmen for the convenience of the public , and shall be kept open one k. evening each week for at least two consecutive hours, the day and time for such evening hours to be determined by the Board of Selectmen. Carried Unanimously by voice vote. 9:32 P. M. Article 45. Donald E. Nickerson moves that the article be Indefinitely Postponed. 9:33 P . M. Under Article 45 Gail W. Smith offers the following: Article 45, VOTED : That the Cemetery Commissioners be and hereby are authorized to purchase on behalf of the Town at a price not exceeding $3 ,000 a certain parcel of land, hereinafter described, situated in Bedford immediately northwesterly of and adjoining Westview Cemetery , the same to be added to the cemetery land but not to be used for burial purposes, and to appropriate therefor the sum of $3 ,000.00, this sum to be transferred from the Westview Sale of Lots Fund ; said land being described as follows: A strip of land 100.00 feet wide beginning at town bound B-L-2 thence southwesterly along the Lexington-Bedford town line distant qpproximately 1253 feet to a stone bound at the center of a ditch said line being bounded on the southeast by Westview Cemetery owned by the Town of Lex- ington, thence northwesterly by the center line of said ditch distant approximately 110 feet to a point said line being bounded on the southwest by land now or formerly of Daniel Marsh , thence running northeasterly along a line to a point and distant approximately 1280 feet said line being bounded on the northwest by land now or formerly of Alexandra and John Polesayka, thence southeasterly along the northea.sterly side line of an old road distant app- roximately 100 feet to the point of beginning, said line being bounded on the northeast by land now or formerly of J. Newton Frost , said strip of land containing approx- imately 3 acres. : (Vote out of order ) 935 P. M. Article 45 for Indefinite Postponement carried by voice vote . 9:36 P. M. Voice vote doubted. Standing vote taken as follows: In Favor Tellers Opposed 20 Ruth Morey 16 25 Thomas A. Napoli 7 48 Gardner L. Frost 17 35 Edward W. Sibley 8 128 48 Indefinite Postponement Carried 9:40 P. M. Article 46 presented by Donald E. Nickerson . Article 46. VOTED : That the sum of $2,000 be appropriated for road and fence construction and repair in the Sunset Section layout of Westview Cemetery , and that said sum be provided by transfer from the Westview Sales of Lots Fund. Carried by Voice Vote . 9:41 P. M. Article 47. Martin A. Gilman moves for Indefinite Postponement . 9:41 P. M. Article 48. Presented by Donald K. Tucker . VOTED : That the Moderator be and he hereby is authorized and directed to appoint a Youth Study Commission of 15 citizens including representatives of Youth; said Comm- ission to consult with all departmants having responsibility 385 Article 4$. for the Education and Welfare of the youth of the Town ; (Cont. ) to seek suggestions from citizens committees, private agencies , and local businesses dealing with such youth in matters concerning youth's welfare , and to report findings and recommendations at the next annual town meeting. Declared lost by voice vote . 9: 53 P. M. Voice vote doubted. Standing vote taken as follows : In Favor Tellers Opposed 17 Ruth Morey 20 20 Thomas A. Napoli 13 29 Gardner L. Frost 33 23 Edward W. Sibley 15 $9 $1 Adopted R:55 P. M. Article 49. Donald E. Nickerson moves for Indefinite Postponement . Carried 9:55 P. M. Article 50. Presented by Alan G. Adams. VOTED: To amend the Zoning By-Law by striking out Sub- /2) paragraphs 1. and 2. of Paragraph (f) of Section 4. thereof , and bysubstituting there for new Sub-paragraphs 1. and 2. as follows: g 1. A district 1,200 feet wide on the northeasterly side of the railroad right of way extending from the north- westerly line of the northern circumferential highway to the southeasterly line of Westview Street. 2. A. district 2,400 feet wide on the southwesterly side of the railroad right of way extending from the north- ' westerly line of the northern circumferential highway to the southerly line of Westview Street and the Lexington- Bedford town line. Report of Planning Board read by Alan G. Adams. Article 50 . The Planning Board on Monday , March 10 held a public hearing on this proposed amendment, which was on the petition of Mrs. Ethel Bean and others. Several owners and abut tors were pre sent , and of these 6 present wished to be recorded in favor and there were none who opposed. The Planning Board voted to recommend the adoption of the proposed amendment. The small area of land proposed to be added to the M-1 or light manufacturing zone, is a small portion of the total M-1 area. At the time of the revision of the Zoning By-laws of the town it was felt that if Route 12$ had then been constructed the proposed area would have quite logically have been included in the M-1 area then . Alan G. Adams , Chairman William G. Potter Aiden L. Ripley Carried Unanimously 9: 58 P. M. Article 51 . Presented by Donald E. Nickerson. VOTED : To install a sanitary sewer or sewers to serve that part of Lexington known as "Sunnyfield" area as shown on a set of plans in the office of the Town Engineer, and to take by eminent domain , purchase or otherwise acquire any fee , easement or other interest in land necessary therefor, and to appropriate the sum of $212 ,552.65 for such installation and land acquisition, of which $2,552.65 is to be transferred from the North Lexington Sewer Account , $10,000 is to be transferred from the Excess and Deficiency Account and the balance of $200,000 is to be provided by the issue of bonds or notes of the Town ; and the Treasurer, with the approval of the Selectmen , be and he. hereby is authorized to borrow 38,6-- - Article 51 . the sum of $200,000 and issue bonds or notes of- the Town "11 (Cont . ) therefor, to be payable, in accordance with the prov- isions of Chapter 44 of the General Laws, within a period n not exceeding thirty years. Carried Unanimously 10:05 P. M. Article 52. Presented by Donald E. Nickerson . VOTED: That the Selectmen be and hereby are authorized to sell and convey at any time on or before February 27 , 1953 the land on Meriam Street known as the Old Fire Station Site , upon such terms and conditions as they deem proper; said land being described as follows: Beginning at a stone bound on the southeasterly side line of Meriam Street at the property now or formerly of Henry P. Boutelle , thence running northeasterly along Meriam Street a distance of 42.90 feet to a stone bound. Thence turning at an angle of 90° 00' and running south- easterly by land now or formerly of Henry P. Boutelle a distance of 79. 55 feet to a stone bound. Thence turning at an angle of 90° 20t 3051 and running southwesterly by land now or formerly of Henry P. Boutelle a distance of - 42.6$ feet to a point. Thence turning at an angle of $9° 491 30" and running northwesterly 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 by Voice Vote . 10:07 P. M. Article 53 . Donald E. Nickerson moves for Indefinite Postponement. Carried 10:07 P. M. Article 2. Donald E. Nickerson gives a brief report on Bedford Airport. 10:10 P. M. Donald E. Williamson talks on Bedford Airport. 10:13 P.M. All articles being disposed of, the Moderator declared the meeting dissolved. 10:15 P. M. j Attest : (-- .. / ToClerk 394 0„T, ,....f..,,, .,,.._, All articles having been disposed of , the Moderator declared the ,- meeting be dissolved. 8:25 P. M. Attest . // _ .e. ..e_.,,,... . ,e, . ....--1--.1_,„ ...._,,, , Town Clerk / ATTORNEY GENERAL'S APPROVAL ARTICLE 3 AS/PASSED MARCH 24, 1952 Lexington Mass. , June 18, 1952 Article 39 as passed at the Adjourned To -Meeting held March 24, 1952 ArLicle 39. VOTED : To amend the Zoning By-Law so as to change certain land from an R 1 District to a C 1 District by adding in Presented Section 4. ( c ) C 1 - Local business districts, the following by new paragraph: Alan 25. A district at the northwesterly corner of Waltham Street G. and Concord Avenue and extending 200 feet northerly along Adams the westerly line of Waltham Street and 200 feet westerly along the northerly line of Concord Avenue from the inter- section of said street lines , thence back at right angles to each said street until the exterior lines intersect. Report of Planning Board read by Alan G. Adams : Article 9 . The Planning Board held a public hearing on this proposed amendment on March 10 and no persons appeared either for or against . The Planning Board voted to recommend the adoption of this amendment. At the tine the zoning by-laws were revised two years ago , certain business areas were dropped out unless there was some objection by the owner. As it turned out , the owner in this case was not aware of the proposed change and wished it to be restored. The Planning Board felt that this request was reasonable, particularly in view of the develop- ment of residential areas in the adjoining neighborhood. Alan G. Adams, Chairman William G. Potter Aiden L. Ripley Article 39 Carried Unanimously 9:1C P . M. /Signed/ JADES J. CARROLL TOWN CLERK Lexington, Mass . June 18, 1952 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 39 as passed at the Adjourned Town Meeting held March 24, 1952 and as same appears on record. /Signed/ JAMES J. CARROLL TOWN CLERK Boston , Mass. July 2 , 1952 The foregoing amendment to zoning by-laws is hereby approved. /Signed/ FRANCIS E. KELLY ATTORNEY GENERAL 395 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 40 AS PASSED MARCH 24, 1952 Lexington, Mass . June 18, 1952 Article 40 as passed at the Adjourned Town Meeting held March 24, 1952. Article 40 presented by Alan G. Adams. Article 40. VOTED: To amend the Zoning By-Law to correct an error in the description of the land described in Section 4 (c ) C 1 - Local business districts , paragraph 14, by changing the bearing of the line described as having a length of 148 . 54- - feet from "N 50° 22' 30" W" to N 5° 22' 30" W, so that the said paragraph 14 will read as follows : 14. A district at the southwesterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of said Concord Avenue , thence bearing to the right with a curve of 69.17 feet radius distant 90.99 feet to a point of tangency in the westerly line of said Waltham Street, thence S 5° 39' 05" E distant 42.06 feet to a point of curvature , thence bearing to the right with a curve of 1945.62 feet radius distant 52.94 feet to a point , thence n 81° 04' 20" W distant 150 feet to a point, thence N 5° 22' 30" W distant 148 .54 feet to a point in the southerly line of Concord Avenue , thence 81° 01' 25" E distant 96 .61 feet to the point of beginning. Report of Planning Board read by Alan G. Adams: Article 40 . The Planning Board held a public hearing on this proposed amendment on Monday evening , March 10, and no persons were present to either oppose or approve the amendment . The Planning Board voted to approve the amendment as it was a case of correcting a previous error in a description of the business zone. Alan G. Adams, Chairman William G. Potter Aiden L. Ripley Article 40 Carried Unanimously 9:12 P . M. /Signe d/ JAMES J . CARROLL TOT CLERK Lexington, Mass. June 18 , 1952 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 40 as passed at the Adjourned Town Meeting held ik larch 24, 1952 and as same appears on record. /Signed/ JAMES J. CARROLL TOWN CLERK Boston , Mass. July 2, 1952 The foregoing amendment to zoning by-laws is hereby approved. /Signed/ FRANCIS E. KELLY ATTORNEY GENERAL