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HomeMy WebLinkAbout1951-03-19-to 1951-03-26 ATM-min 333 TOWN MEETING HELD MARCH 19, 1951 Meeting called to order by the Moderator, Charles E. Ferguson at 8:08 P. M. There were 192 Town Meeting Members present. Town Clerk , James J. Carroll , read the Warrant for the meeting until further reading was waived upon a motion made. 8:09 P. M. Town Clerk, James J. Carroll, read the Constable's Return. 8:09 P. M. Article 2. Report of the Committee on Colonial Architecture for Town Buildings presented by Frank A. Currier, Jr. as follows: TOWN of LEXINGTON Report of the Committee on Colonial Architecture for Town Buildings. On June 1, 1950 it was voted:- "That the moderator be authorized and is hereby directed to appoint a committee of five consisting of a resident architect , a member of the School Committee , a member of the Planning Board , and two other residents of the town to make a study as to the advisability 'of establishing a policy of using colonial architecture only, in the designing of future town buildings , and to recommend a method by which the policy if adopted could be carried out. " After a number of meetings and some research , this committee became unanimous in its opinion that because of Lexington's importance in the early history of the United States it is desirable and fitting that colonial architecture be retained in the town buildings whenever it is possible to do so without destroying the utility of the building. However, the term "Colonial Architecture" was thought to be too confining and should be broadened to "Colonial Influence" instead which would accomplish the desired results with less danger of interfering with the designs for utility. The committee has found that Chapter 146 , Section 1 to 7 of the General Laws of Massachusetts provides for the establishment of an "Art Commission" so called, which possibly could be a solution to the method of applying the policy if it was to be followed. This commission would have the authority to pass on any plans for municipal buildings, monuments , etc. and although it would not be legally bound to demand colonial influence in the design , it would be aware that its conception was brought about by the desire of the people to retain colonial influence , and would probably be motivated by this awareness to act in accordance with the desires of the people . However, this committee feels that further study of this law is necessary , and requests that this report be accepted as a report of progress and begs continuance until a later meeting at which a full report will be made. (Signed) Frank A. Currier, Jr. , Chairman C. Harry Erickson Aiden L. Ripley Ruth Morey H. Webster Thomas 8:12 P. M. Howard A. Patterson , Chairman , Appropriation Committee , presented Appropriation Committee Report which was accepted and placed on file . 8:12 P. M. 334 ,,T Alan G. Adams , Chairman of Capital Expenditures Committee presented report of said committee which was accepted and placed on r- J file. 8:13 F M. (-) Errol H. Locke presented report of Town Manager Form of Admin- istration which was accepted and placed on file . Report as follows: TOWN OF TEXINGTON REPORT OF COMMITTEE ON TOWN MANAGER FORM OF ADMINISTRATION To the Voters of the Town of Lexington: This Committee was appointed by the Board of Selectmen in accordance with the following vote of the Town Meeting of March , 1950: "Voted: That the Selectmen be authorized to appoint a Committee of five to study further the matter of a Town Manager for Lexington and to submit a report with recommendations at the next Annual Town Meeting". The previous Committee was authorized by the Town Meeting of March , 1949 . It reported after a year of study , and concluded with the suggestion that further study was necessary to devise the Plan that would best fit the particular needs of our Community. SCOPE OF STUDY The second Committee , four of whose members had served on the first Committee , continued the study of the previous year. We felt that it was first necessary to acquire a rather complete picture of the functioning of the several Municipal Departments or groups. Over a period of many weeks, we met with each Town Official, Department and Committee Head, whether elected or appointed. We were not so much interested in the attitude of each one toward a Town Manager Plan for Lexington. Rather, we secured general information as to how the particular group was organized; its personnel , equipment, records and work load. We were interested also in the sources of its authority, and the degree of coordination with other departments. Each individual with whom we talked cooperated with the Committee to the fullest extent . We met with the representatives of Town Manager Committees of Wellesley and Winchester to discuss the subject with them, and to receive the benefits of their experience and knowledge . Both of these towns in mahy ways are comparable with Lexington. We have studied further the reports of the Massachusetts Federation of Taxpayers' Associations and the reports of Town Manager Comm- ittees of other communities. GENERAL OBSERVATIONS From the standpoint of business organization and efficiency alone , there seems to be no question about the advantage of a Town Manager- Selectmen form of administration, assuming, of course , that a competent man is selected as Manager. The Town Manager form has been used successfully in a few towns in the Commonwealth of Mass- achusetts. In those cases where marked success has been noted, previous conditions were usually so unsatisfactory that improvements were readily accomplished. It is the opinion of this committee after our study that there are no serious inefficiencies in the operation of the Town under its present charter and bylaws. The Town has been fortunate in the high calibre of men who have been serving in the various Town Offices , Boards and Committees . There has also been an active citizen interest in Town Government . Through the creation of a public works department many years ago , our Town has been operated upon a basis substantially the same as the earlier, or the so - called "Weak Form" of Town Manager Admin- istration. The efficiency and organizational structure of this Department have been strengthened during the past year. 335 TOWN MANAGER REPORT - CONT. RECOMIENDATIONS We believe that still greater efficiency can be obtained within the present framework of Town Government . Specifically, we refer to the interchange and common use of office personnel and equipment ; extended use of centralized purchasing. We believe that further use of the existing facilities of the Public Works Department can be made by other Departments and Comm- ittees. In addition , consideration might be given to enlarging the scope of this Department to include the care and maintenance of buildings as well as grounds. We suggest that the Board of Selectmen study further the need or desirability of providing for an Administrative Assistant , one of , whose duties it would be to coordinate departments outside of 'Public Works , Such a project would require the voluntary coop- eration of Elected Officials who are not directly responsible to the Selectmen under our present Charter. It is the considered opinion of this committee that the Town of Lexington should not adopt a Town Manager form of government at this time. We believe , however, that the time will come when , due to increasing growth and complexity in town affairs, the question may well be considered again. By that time, we shall have the experience of more towns to draw upon , and it is likely that a general enabling statute will have been passed by the Legislature . In the meantime , we believe the Town can improve further the effic- iency of its present Government , with the cooperation of those concerned, and without seeking special legislation . Such action may well defer indefinitely the necessity for considering a Town Manager. It should result also in a less drastic transition , when and if a Manager Plan is adopted. Respectfully submitted, (Signed) Errol H. Locke , Chairman Henry Brask Donald D. Hathaway Michael J. Hopkins Thacher Jenney February 5, 1951 Motion presented by Alan G. Adams as follows: VOTED: That the Moderator be and he hereby is authorized and dir- ected to appoint a committee of five residents, to be known as the Building and Plumbing By-Laws Study Committee, to make a study of the Building By-Laws and the Plumbing By-Laws of the Town and to file a written report thereon not later than the next Annual Town Meeting, which shall include such changes in and amendments or additions to said by-laws, and either of them , as the Committee may recommend. Carried Unanimously 8:15 P. M. Donald E. Nickerson , Chairman , Board of Selectmen , presented the following : Article 2. d. 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 8:15 P. M. Howard A. Patterson presented the following : VOTED: That the Moderator be and hereby is authorized and directed to appoint a Committee of five registered voters of the Town , to be known as the Capital Expenditures Committee , to make a thorough study of the capital expenditure projects that may be required by the Town within the five year period 1952 to 1956 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 five year period and the approximate date on which each recommended project should be started. Carried Unanimously 8:15 P. M. 336 Donald E. Nickerson read the following: Mr. Moderator, the Selectmen are informed that the High School Building Committee of Fifteen desires further time before making its final report and that , therefore , an adjourned session of this meeting will be necessary. In view of this situation, the Selectmen will recommend that consideration of certain other articles be also post- poned to the adjourned session and hope that all the remaining articles can be disposed of at this present session. I suggest , therefore , that we now fix the date for the adjourned session. Rather than suggest the date myself, I would ask through you, Mr. Moderator, if the School Committee or the Committee of Fifteen would make a motion setting the date. John H. Devine amends the above, that the date be set as April 16, 1951. Amendment voted upon and declared lost by voice vote . $:23 P.M. The following motion presented by Ruth Morey: VOTED : That when this meeting adjourns , it adjourn to $:00 P. M. March 26, 1951 and that consideration of Article 40 be postponed until that adjourned session. Carried Unanimously $:23 P. M. Donald E. Nickerson presented the following: VOTED : That consideration of Articles 30, 34 and 43 be postponed until the adjourned session of March 26, 1951. Carried Unanimously 8:24 P. M. Alan G. Adams moves that Article 37 be postponed to the Ad- journed Town Meeting to be held March 26, 1951. Carried Unanimously $:25 P . M. The following articles presented by Donald E. Nickerson, Chair- man, Board of Selectmen, unless otherwise noted. 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, 1952, 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 $:25 P. M. 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 transfer : Appropriation Committee Personal Services $ ; 595.00 Expenses 1,4$5.00 Carried Unanimously $:26 P. M. Selectmen 's Department Personal Services 7,150.10 Expenses 2,042.00 Carried Unanimously $:26 P. M. Accounting Department Personal Services $,7$0.10 Expenses 500.00 Carried Unanimously $:27 P. M. Town Clerk & Town Treasurer 's Department Personal Services 5,709.2$ Expenses 938.00 Carried Unanimously 8:27 P. M. 337 Article 4. Parking Meter Maintenance (Cont . ) Expenses $ 250.00 (This amount to be transferred from the Parking Meter Account ) Carried Unanimously 8:27 P. M. Collector 's Department Personal Services 4,380.10 Expenses 2,000.00 CarriedUnanimously 8:28 P. M. Assessors' Department Personal Services 10,652.38 Expenses 1,670.00 Carried Unanimously 8:28 P. M. Law Department Personal Services 4,000.00 Special Fees 5,000.00 Expenses 1,000.00 Carried Unanimously 8:28 P. M. Elections Department-Jurisdiction Selectmen Expenses 1,850.00 Carried Unanimously 8:29 P. M. Elections Departffent-Jurisdiction Town Clerk Expenses 325.00 Carried Unanimously 8:29 P. M. Registrations Department Personal Services 915.25 Expenses 300.00 Carried Unanimously 8:29 P. M. Public Works Superintendent 's Office Personal Services 23 ,883.95 Expenses 376.00 Carried Unanimously 8:29 P. M. Town Offices & Cary Memorial Building. Personal Services 8,558.31 Expenses 12,275.00 Carried Unanimously 8:29 P. M. Engineering Department Personal Services 18,364.71 Expenses 830.00 uarrled Unanimously 8:30 P. M. Board of Appeals Expenses 876.00 Carried Unanimously 8:30 P. M. Planning Board Expenses 1,350.00 Carried Unanimously 8:30 P. M. Edwin B. Worthen makes motion that Article 4 be laid on the table and Article 38 be taken up. Motion Carried 8:31 P. M. 338 Edwin B. Worthen presented the following: Article 38. VOTED: To recommend to the Selectmen that they establish a five-day work week for the members of the Police Depart- ment, without reduction in pay, commencing June 1, 1951 ; to appropriate for the cost of such additional personnel as will be required during 1951 by reason of the esta- blishment of a five-day work week in accordance with said recommendation, the sum of Five thousand seven hundred and rs11;lc4c1=rgolt51.7s04(5)0,1L4rn_vol thousand four hundred and for Personal Services and Two hundred and forty-five dollars ($245.00) for Equipment , and to provide for the payment thereof by the current tax levy. Yes Tellers No 14 Alan G. Adams 29 70 Rev. Harold T. Handley 33 9 Robert W. Fawcett 30 • 93 92 Carried 8:45 P. M. Article 4. Police Department (Cont. ) Personal Services $86,276.53 Expenses 7,709.00 Carried Unanimously 8:47 P. M. (Above amountsTinclude appropriation as passed under Article) 38. ) Do rA.0 Fire Department Personal Services 94, 560.41 Expenses 17,085.00 Carried Unanimously 8:47 F . M. Building & Plumbing Department Personal Services 5 ,300.00 Expenses 975.00 Carried Unanimously 8:47 P. M. • Wire Inspector Personal Services 1,182.50 Expenses 300.00 Carried Unanimously 8:47 F . M. Sealer of Weights & Measures Personal Services 709.50 Expenses 300.00 Carried Unanimously 8:47 P. M. Insect Suppression Personal Services 550.00 Wages & Expenses 3 ,099.68 Carried Unanimously 8:48 P. M. Shade Trees Wages & Expenses 11,978.60 Carried Unanimously 8:48 P. M. Forest Fires Personal Services 50.00 Wages & Expenses 500.00 Carried Unanimously 8:48 P. M. 339 Article 4, Dog Officer (Cont . ) Personal Services $ 135.00 Expenses 550.00 Carried Unanimously 8:49 P. M. Health Department Personal Services 3 ,882.53 Expenses 7,950.00 Carried Unanimously 8:49 P. M. Dog Clinic Expenses 397.00 Carried Unanimously 8:49 P. M. Dental Clinic Personal Services 2,000.00 Expenses 1,050.00 Carried Unanimously 8:49 P. M. Posture Clinic Expenses 1,164.00 Carried Unanimously 8:49 P. M. Vital Statistics Expenses 25.00 Carried Unanimously 8: 50 P. M. Animal Inspection Personal Services 665.15 Carried Unanimously 8: 50 P. M. Sewer Maintenance Wages & Expenses 3 ,350.00 Carried Unanimously 8:50 P. M. Sewer Services Services 33 ,000.00 Carried Unanimously 8:50 P. M. Garbage Collection Expenses 12,500.00 Carried Unanimously 8:50 P. M. Care of Dumps & Removal of Ashes Wages & Expenses 7 ,000.00 Carried Unanimously 8: 50 P. M. Public Works Building Wages & Expenses 12,445.00 Carried Unanimously 8: 50 P. M. Highway Maintenance Wages & Expenses 70,000.00 Carried Unanimously 8: 50 P. M. Highway Department - Road Machinery Expenses 27 ,000.00 (This amount to be transferred from the Road Machinery Fund) Carried Unanimously 8: 51 P. M. 340 Article 4. Snow Removal (Cont. ) Wages & Expenses $28,000.00 Carried Unanimously 8: 51 P. M. Traffic Regulation & Control Expenses 3,000.00 Carried Unanimously 8: 51 P. M. Street Lights Expenses 31,800.00 Carried Unanimously 8: 51 F . M. Street Signs Expenses 1,300.00 Carried Unanimously 8: 51 P. M. Public Welfare Department Personal Services 7,079.63 Aid & Expenses 27 ,000.00 Administration 925.00 Carried Unanimously 8:51 P. M. Dependent Children Aid & Expenses 17,175.00 Carried Unanimously 8: 51 P. M. Old Age Assistance Aid & Expenses 82,000.00 Carried Unanimously 8: 51 P. M. Veterans' Benefits Personal Services 1,233.83 Aid & Expenses 6,500.00 Carried Unanimously 8: 51 P. M. Soldiers' Burials Expenses 150.00 Carried Unanimously 8: 51 P. M. School Maintenance Personal Services 523 ,386.33 Expenses 110,000.00 Americanization Classes 203 .00 Vocational Education 2,700.00 Handicraft Classes 4,903 .00 Out of State Travel 300.00 Lunchroom 1,000.00 Athletics 11,750 .00 Carried Unanimously 8: 52 P. M. Cary Memorial Library Personal Services 25,250.12 Expenses 9,000.00 (In addition to the amount of $2,216.25 received from the County for Dog Licenses) Carried Unanimously 8: 52 P. M. Recreation Committee Personal Services 6,200.00 Expenses 6,750.00 Carried Unanimously 8:53 P. M. 341 Article 4. Parks (Cont . ) Personal Services $ 3 ,178.00 Wages & Expenses 19,500.00 Carried Unanimously 8: 53 P. M. Contributory Retirement System Pension Accumulation Fund 23 ,827.13 Carried Unanimously 8: 53 P. M. Board of Retirement Expenses 325.00 Carried Unanimously 8: 54 P. M. Patriots' Day Expenses 1,000.00 Carried Unanimously 8: 54 P. M. Memorial Day Expenses 300.00 Carried Unanimously 8:54 P. M. Insurance Premiums 16,220.00 Carried Unanimously 8: 54 P. M. Printing Town Report Expense S 1,200.00 Carried Unanimously 8:54 P. M. Ambulance Maintenance Expenses 250.00 Carried Unanimously 8:54 P. M. Administration of Trust Funds Expenses 100.00 Carried Unanimously 8: 54 P. M. Unclassified Expenses 250.00 Carried Unanimously 8: 54 P. M. Water Maintenance Wages & Expenses 35,480.00 Carried Unanimously 8:55 P. M. Water Service Wages & Expenses 24,745.00 Carried Unanimously 8:55 P. M. Cemetery Maintenance - Munroe Personal Services 543.11 Wages & Expenses 6,500.00 (Of which $500 is to be transferred from the Income Trust Fund - Munroe Cemetery and $6 ,000 is to be raised in the current tax levy) Carried Unanimously 8:55 P. M. Cemetery Maintenance - Westview Personal Services 914.36 Wages & Expenses 11 ,300.00 (Of which- $1,000 is to be transferred from the Income Trust Fund - Westview Cemetery and $10,300 is to be raised in the current tax levy) Carried Unanimously 8: 55 P. M. 344 Article 17. VOTED : That the sum of 81 ,500 be raised and appropriated c-11 to meet the Town's share of the cost of Chapter 90 high- way maintenance, and that , in addition , the sum of $3 ,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 9:17 P. M. Article 18. VOTED : That the sum of 88,000 be raised and appropriated to meet the Town 's share of the cost of construction of all or any part of Paul Revere Road under Chapter 90 highway construction , and that, in addition, the sum of 816 ,000 be transferred from the Excess and Deficiency Account to meet the State and County shares of the cost of the work, the reimbursement from the State and County to be restored , upon their receipt, to said Account. Carried Unanimously 9:19 P. M. Article 19. VOTED : That the sum of $3 ,000 be raised and appropriated for Civilian Defense. Carried Unanimously 9:19 P. M. Article 20. Indefinitely Postponed. 9:20 P. M. Article 21. 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 $1,000 be raised and appropriated therefor. Carried Unanimously 9:20 P. M. Article 22. VOTED : That the sum of $3 ,500 be raised and appropriated for the improvement of lowlands and swamps in the eradi- cation of mosquitoes under Section 4A of Chapter 252 of the General Laws. Carried Unanimously 9:21 P. M. Article 23 . VOTED : 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 $30 ,000. , this amount to be transferred from the Excess and Deficiency Account. Carried Unanimously 9:22 P. M. Article 24. VOTED: To appropriate the sum of $17 ,565 for the pur- chase 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 $17 ,565 from the Road Machinery Fund. Carried Unanimously 9: 23 P. M. Article 25 . VOTED To enlarge the scope of the Road Machinery Fund by crediting to said Fund an amount based on hourly rental for the use of motorized equipment of the Depart- ment of Public Works when used on various projects carried on under the direction of said Department or other Departments of the Town , the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 9:23 P. M. Article 26. VOMD: That the Selectmen be and they hereby are auth- orized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 9:24 P. M. Article 27. VOTED : That the Selectmen be and they hereby are auth- orized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1952 Annual Town Meeting. Carried Unanimously 9 :25 P. M. Article 2$. VOTED : That the sum of $4,000 be appropriated for o45 the development and trading of additional land in the Sunset Section layout in Westview Cemetery and the development of additional roadways therein , and to provide for payment thereof by transfer of $4,000 from the Westview Sale of Lots Fund. Carried Unanimously 9:25 P. M. Article 29. Indefinitely Postponed. 9:25 P. M. Article 31. VOTED: To establish as a town way and accept the layout of as a town way , Woodland Road from Adams Street a dis- tance of approximately 1535 feet as laid out by the Sel- ectmen under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk , dated January 10, 1951 , and to take by eminent domain or otherwise acquire any fee , easement or other interest in land necessary therefor and for the construction thereof , and to appropriate for construction of said Road and for land acquisition the sum of $22,500 and to provide payment thereof by the transfer of $22 ,500 from the Excess and Deficiency Account. Carried Unanimously 9:27 P. M. Article 32. VOTED: To accept the provisions of Chapter $ of the Acts of 1951 , entitled: "An Act Relative to the Fire Department of the Town of Lexington". Amendment presented by Milton F. Hodgdon. Move that Article #32 be indefinitely postponed and that the Moderator be and hereby is authorized to appoint a Committee of five taxpayers to further investigate this act with the view to finding out if other Towns have found it necessary to have a Special Act governing their fire department ; how such a system has operated; and what probable effect the application of such an Act would have on the efficiency and morale of the Lexington Fire De- partment; this Committee to report to a future Town Meeting. Amendment as presented declared lost by voice vote . 9:36 P. M. Main motion as presented. Carried Unanimously 9:37 P. M. Article 33 . VOTED : That the Selectmen be and they hereby are auth- orized to settle, upon such terms as they may approve , claims of the Town for damages arising out of the taking by eminent domain by the Commonwealth for state highway purposes for the new Route 12$ of various parcels of land owned by the Town or in which the Town has an interest and claims for damages to other land of the Town resulting from the laying out and constructing of said highway. Carried Unanimously 9:3$ P. M. Article 35 . Indefinitely Postponed. 9:40 P. M. Article 36. Presented by Roy L. McQuillan. VOTED : That the Moderator be and he hereby is authorized and directed to appoint a committee of five residents to investigate and study the provisions of Chapter 662 of the Acts of 1949 , entitled: "An Act Relative to the Organization of Union Health Departments" , for the pur- pose of determining whether or not it is desirable for Lexington to join with one or more other towns to form a union health department ; and to file a report with its findings and recommendations at the next Annual Town Meeting . Carried Unanimously 9:42 P. M. Article 39. VOTED : To refuse to accept the devise of an undivided one-half interest in the land and buildings at 2$ Spring Street , Lexington, subject to the payment by the Town of the sum of $500.00 , as provided in the will of Angelina F. Remick , late of Lexington , Middlesex Probate , Docket No. 299689. Carried by voice vote . 9:45 P. M. 346 Article 2. Myron C. Fisher presented Report of the Elementary School Sites Committee . REPORT OF THE ELEMENTARY SCHOOL SITES COMMITTEE March 19, 1951 One June 1, 1950, . a Special Town Meeting voted as follows : VOTED : To create an elementary School Sites Committee of seven, consisting of two members of the Board of Sel- ectmen , two members of the Planning Board , two members of the School Committee and one member of the Approp- riation Committee , the members to be designated by the Chairman of the respective Board or Committee , to study and make recommendations not later than the next Anniaal Town Meeting on the location of two new elementary school sites and with authority to obtain options on such ,sites as they may recommend , and to appropriate the sum of $1,000. for the expenses of such Committee and to provide for payment thereof by a transfer of $1,000. from the Elementary School Building Committee Account. The aim of this Committee has been to choose school sites in those areas now distant from existing elementary schools so that future school expansion might make it possible for the maximum number of children to walk to school, cutting bus transportation to a minimum. After studying the existing plan and walking distances , the Committee decided that sites in the Lowell-Maple Streets area and the upper Massachusetts Avenue area would enable the School Department to plan schools where they would give a town of this large size reasonable coverage . Keeping in mind the need for a ten acre plat , the Committee toured the general areas suggested, walked over the lard, studied topographical maps , and consulted with the Town Engineer and with a representative of the Board of Assessors , Following this study, the Committee came to the unanimous agreementthat two sites best met our needs -- (1) Kelly land, (known as the old Monroe property) set back from the Lowell-Maple Street corner by one depth of houselots; and (2) Thompson-Innis land, set back about 250 feet from the Massa- chusetts Avenue-School Street corner. Each lot provides good land for building a large elementary school, with ample room for plant expansion and playground development. The Committee has obtained options on these sites , is presenting them to the Town for approval at this Annual Town Meeting and asks to be discharged with the acceptance of this report. Respectfully submitted, (Signed) Lewis L. Hoyt Raymond W. James Frederic K. Johnson Alan G. Adams William H. Driscoll Ruth Morey Myron C. Fisher , Chairman The above report was voted to be accepted and the committee discharged. Carried Unanimously 9:47 P. M. Article 41. Presented by Myron C. Fisher. VOTED : That the Selectmen be and they hereby are auth- orized , uth- orized , on behalf of the Town, to purchase , take by eminent domain or otherwise acquire for school and play- ground purposes, and for any other public purposes , or any one or any combination of such purposes, a parcel of land comprising 12 acres more or less, together with any rights of way or other rights appurtenant or approp- riate thereto , believed to belong to Kelchester Realty Trust , said parcel being situated westerly of Lowell Street 347 Article 41. and northwesterly of Maple, Street in Lexington and shown (Cont . ) on a plan entitled "Proposed School Area" on file in the office of the Town Engineer, and bounded and described as follows : Beginning at a point which is the intersection of a line approximately parallel to and one hundred twenty-five (125) feet distant from Lowell Street and a line one hundred twenty-five (125) feet from and approximately parallel to Maple Street; thence running in a westerly direction about three hundred twenty (320) feet to a point; thence- turning and running in a southerly direction one hundred twenty-five (125) feet to Maple Street; thence turning and running in a westerly dir- ection along Maple Street fifty (50) feet ; thence turning and running a northerly direction one hundred twenty-five (125) feet to a point ; thence turning and running in a westerly about three bo _ h undyed sixty (360) feet to a point ; thence turning and running in a northerly direction about six hundred (600) feet to a point ; thence turning and running in a northeasterly direction about six hundred fifty (650 ) feet to a point ; thence turning and running in an easterly direction about three hundred ten (310) feet to a point ; thence turning and running in a - southerly dir- ection fifteen (15 ) feet to a point ; thence turning and running in an easterly direction about one hundred eighty (1$0) feet to a point; and thence turning and running in a southerly direction about three hundred fifty-six and 3/10 (356.3 ) feet to the point of be- ginning; and containing approximately twelve (12) acres , together with a right of way for all purposes to and from Lowell Street over the entire parcel shown on said plan as "right of Way" ; and that the sum of $9,000 be appropriated therefor and be transferred from the Excess and Deficiency Account. Carried Unanimously 9:53 P. M. Article 42. Presented by Myron C. Fisher. VOTED: That the Selectmen be and they hereby are auth- orized, uth- orized, on behalf of the Town , to purchase , take by eminent domain or otherwise acquire for school and play- ground purposes , and for any other public purposes , or any one or any combination of such purposes , the following parcels of land in Lexington, together with any rights of way or other rights appurtenant or appropriate thereto : Parcel One. An area of land, believed to belong to Francis and Hugh Thompson, situated westerly of School Street, bounded on the north by Massachusetts Avenue and lots 1 , 2, 3 , 4A, 5A and 6A on Massachusetts Avenue, on the west by land of Toros H. Bashian , on the south by land of Robert L. Innis and on the east by land of Francis and Hugh Thompson, containing approximately 4.7 acres; and Parcel Two . An area of land, believed to belong to Robert L. Innis , situated westerly of School Street and northerly of Roosevelt Road, bounded on the north by land of Francis and Hugh Thompson, on the west by land of Toros H. Bashian, on the south by Roosevelt Road and other land of Robert L. Innis and on the east by land of Robert L. Innis, containing approximately 5.7 acres. the approximate boundaries of said parcels being shown on plans on file in the office of the Town Engineer; and that the sum of $15 ,500 be appropriated therefor, $500 of which shall be transferred from the Elementary School Sites Committee Account and the balance of $15 ,000 shall be transferred from the Excess and Deficiency Account . Carried Unanimously 9: 55 P. M. Howard A. Patterson , Chairman of the � Appropriation Committee , _, asks to re-open Article 4, presenting the following: Article 4. VO TED : That $500 be appropriated for the Capital Ex- penditure Committee and that this sum be raised in the 1951 tax levy. Carried Unanimously 9: 56 P. M. Article 44. VOTED: To rescind the balance of $25 ,000 of a loan of $65 ,000 authorized under Articles 4 to $ inclusive of the Warrant for the Special Town Meeting held November 14, 1949 and now remaining unused. Carried Unanimously 9: 57 P. M. Article 45. Indefinitely Postponed. 9: 5$ P. M. Article 46. Indefinitely Postponed. 9: 59 P. M. Article 47. VOTED: To appropriate the sum of $2,100 for the further development of Kinneen's Pond as a recreation area and provide for payment thereof by transfer of said sum from the Excess and Deficiency Account. Carried Unanimously 10:01 P. M. Article 4$. Indefinitely Postponed. 10:01 P. M. Article 49 . VOTED : To amend Article XXVI of the General By-Laws of the Town by striking out the new section that was added to said article at the session of the Annual Town fleeting held on March 2$, 193$ and inserting in place thereof the following : Section 2. The existing Board of Appeals established under the Zoning By-Law shall be and shall act as the Board of Appeals under the planning law, being Sections 81A_ to $lY inclusive of Chapter 41 of the General Laws , as provided in Section $1R of said Chapter 41. Carried Unanimously 10:02 P. M. Article 50. Indefinitely postponed. 10:03 P. M. l Article 51 . Indefinitely postponed. 10:03 P. M. Meeting adjourned until Monday , March 26, 1951 at $ P. M. 10:04 P. M. lif _,. i Town Cle k March 6, 1951 To nom It May Concern: As of this sixth day of March , 1951 I do hereby appoint Mary R. McDonough as Assistant Town Clerk and Assistant Town Treasurer , - Town of Lexington . // }� / Town Clerk Town T/e sur er / 349 ADJOURNED TOWN MEETING HELD MARCH 26, 1951 Meeting called to order by the Moderator, Charles E. Ferguson at $:07 P. M. Article 2. Walter E. Sands presents report on Cary Lectures. The Cary Lecture Committee , appointed by the Moderator , Charles E. Ferguson , and authorized at the Town Meeting of March, 1950, wishes to submit the following report : December $, 1950 Lowell Thomas , Jr. Colored moving picture , "Inside Forbidden Tibet" - February 6, 1951 Highland Glee Club of Newton, assisted by David Smith , concert pianist . February 2$, 1951 Helen Jepson, Metropolitan Opera star in her nOperalogue" Respectfully submit ted, CARY LECTURE COMMITTEE Mrs. Edward T. Halton Mr. James V. MacDonald Mr. Walter E. Sands, Chairman Accepted and placed on file . $:07 P. M. Elementary School Building Committee Report presented by George P. Wadsworth as follows: REPORT OF THE ELEMENTARY SCHOOL BUILDING COMMITTEE March 26, 1951 The Elementary School Building Committee has completed the construction and the grading of the Fiske School and arrangements have been made to turn the building over to the Town of Lexington. Some delays in this procedure were necessary to insure that the contractors carried out their obligations in detail. The final accounting is as follows: 1. Building $437 ,761.$7 (Includes General Contract, Drainage System, Public Utilities, etc. ) 2. Site Development 20,355.4$ (Includes Construction, Grading , Paving and Planting) 3. Architect 37 ,127.55 (Includes Architectural Services, Clerk of the Works, Civil Engineering, Con- crete Inspection and Tests , etc. ) 4. Equipment 21,096.05 5. Insurance 4$4.00 6. Printing and Advertising for Bids 260.16 $517 ,0$5.11 This leaves a balance of $2,914.$9 out of the original appropriation of $520,000.00 and this amount will be returned to the Town . The Town Treasurer is now in the process of certifying every bill for the Massachusetts School Building Assistance Commission thus , very shortly , this Commission will reimburse the Town their share of the first two years' bond payment. 350 With the acceptance of this final report , the Elementary School Building Committee requests to be discharged. Respectfully submitted, Russell H. Kettell Ruth Morey Gaynor K. Rutherford Ralph H. Tucker George P. Wadsworth, Chairman Report accepted, placed on file and committee discharged. $:09 P.M. A. Edward Rowse presented two reports of the High School Building Committee which were voted to be accepted, placed on file and the committee discharged. $:09 P. M. Donald T. Clark presents the following: I move that the Moderator be and hereby is authorized and directed to appoint a committee of five residents of the town to be known as the Assessment Study Committee; said committee shall make a thorough study of the methods used in assessing the value of real estate, the need for a reassessment of real estate , or other related matter, and report its recommendations to the next annual town meeting. Carried by voice vote. $:11 P. M. Article 40. Presented by Ruth Morey , Chairman of the School Committee. VOTED: 1. That the School Committee be and it hereby is authorized, on behalf of the Town , to obtain bids and to enter into a contract or contracts for the construction and original equipping and furnishing of a new high school building, the same to be erected on land acquired by the Town for school purposes in June, 1946 and to be con- structed in accordance with the plans and s pe cifi cat ions that were presented under Article 37 of the Warrant for the 1949 Annual Town Meeting, with such changes, omissions , revisions or alterations in said plans and specifications as the School Committee may approve , but no major structural unit may be omitted except the shop wing or the auditorium or both; and 2. That the sum of $1,770,000 be and hereby is approp- riated for such construction, original equipping and furnishing and that payment be provided by the transfer of $30,000 from the Excess and Deficiency Account and by the issue of bo ni s or notes of the Town for the balance of $1,740,000 and that the Treasurer, with the approval of the Selectmen , be and he hereby is authorized to borrow the sum of $1,740,000 under authority of Chapter 1$6 of the Acts of 1947 , as amended by Chapter 26 of the Acts of 1949 , and to issue bonds or notes of the Town therefor in accordance with the provisions of Chapter 44 of the General Laws, so that the whole loan shall be paid in not more than 20 years from the date of issue of the first bond or note ; and 3. That the Moderator be and he hereby is authorized and directed to appoint a High School Building Committee of five residents of the Town, two of whom shall be members of the School Committee , to supervise, and to have authority to approve all bills incurred for, the construction, original equipping and furnishing of said high school building. Harold B. Lamont makes motion that vote be taken by means of -- ballot box. Motion presented by Harold B. Lamont voted upon and declared lost by voice vote. 9:15 P. M. The main motion presented and voted upon as follows: In Favor Tellers Opposed 35 Alan G. Adams 1 42 William F. Downe 0 56 William E. Phillips 7 42 Roy Johnsen 175 11 Carried 9:31 P. M. 351 Article 30. Donald. E. Nickerson, Chairman of the Board of Selectmen moves to take up Article 30. VOTED: That the Selectmen be and they hereby are authorized, on behalf of the Town , to purchase, take by eminent domain or otherwise acquire for occupancy by one or more Town Departments , officers , boards or committees, or for playground or other public purposes, or for any one or any combination of any such purposes, the land and buildings numbered 1519 Massachusetts Avenue in Lexington and situated at the junction of Massachusetts Avenue and Fletcher Avenue , believed to belong to Louise Sexton, and bounded and described as follows: Southerly by Massachusetts Avenue and Woburn Street at their junction by two lines aggregating ninety- five and 40/100 (95.40) feet; Southeasterly by Fletcher Avenue, one hundred ten (110) feet; Northeasterly by lot 3 as shown on a plan hereinafter mentioned , seventy (70) feet ; Northwesterly by lot 1 as shown on said plan, one hundred thirty-six and 31/100 (136 .31) feet ; and Containing 9,4$0 square feet more or less and being lot 2 as shown on a plan entitled "Plan of Lots on the Fletcher .Estate, Lexington, Mass. George R. Blinn., Trustee" Clarence E. Carter C.E. dated May 1914, and recorded in Middlesex South District Registry of Deeds in Plan Book 22$, as Plan 21 . and that the sum of $22,500.00 be raised and app- ropriated therefor. William M. Hall of the Appropriation Committee states that the Appropriation Committee is in favor. Main motion as presented voted upon as follows: In Favor Tellers Opposed 41 Alan G. Adams 0 48 William F. Downe 0 60 William E. Phillips 6 44 Roy Johnsen 0 193 6 Carried 9:39 P. _M. Article 34. Presented by Donald E. Nickerson, Chairman of the Board of Selectmen. VOTED: That the Selectmen be and they hereby are authorized to settle on such terms as they may approve claims against the Town for damages arising out of the taking by eminent domain for highway purposes of various, parcels of land situated on East Street in Lexington by order of the Middlesex County Commissioners dated January 25, 1946 , which claims are now pending as suits against the Town in the Superior Court, Middlesex County ; and that the sum of S3, 000 be raised and appropriated therefor. Carried Unanimously 9:34 P. M. Article 37 . Presented by Alan G. Adams of the Planning Board. VOTED : To amend the Building By-laws by adding in Article III , Section 1 , the following new paragraph: (B) Unavailability of Sewer. If the application is for the erection of a dwelling or building which requires sewage disposal facilities on land which has no sanitary sewer available for use , the Inspector shall immediately 352 Article 37 . notify the Board of Health. If within five days after (Cont . ) such notice, excluding Sundays and holidays , the Board of Health files a statement with the Inspector setting forth that in its opinion the land is of such a character that adequate sewage disposal facilities cannot be provided for such dwelling or building by a cesspool or septic tank or other device, the Inspector shall not issue the permit . The applicant may appeal to the Board of Appeals under the provisions of Section 4 of Article II and said Board by unanimous vote may order the permit to issue if it finis that adequate sewage disposal facilities can be provided for such dwelling or building by a cesspool or septic tank or other device. Carried by voice vote . 10 P. M. Article 43. Donald E. Nickerson moves that Article 43 be Indefinitely Postponed. Voice vote being in doubt , the Moderator asks for standing vote. In Favor Tellers Opposed 24 Alan G. Adams 16 21 William F. Downe 12 26 William E. Phillips 34 24 Roy Johnsen 16 95 78 Indefinite Postponement Carried. 10:22 P. M. Under Article 2 Rev. Harold T. Handley presented the following: VOTED: That a committee of five be appointed by the Moderator to study further the drainage and sewerage conditions in the Sunnyfield area especially where the new Route 128 crosses the area. Result of voice vote doubted. Standing vote was taken as follows : In Favor Tellers Opposed 26 Alan G. Adams 1 29 William F. Downe 14 57 William E. Phillips 5 Roy Johnsen 145 24 Motion adopted. 10:25 P. M. All articles being acted upon, Donald E. Nickerson, Chairman of the Board of Selectmen, declared the meeting dissolved at 10:25 P. M. /) // A / Tom Cl,rk 353 ADJOURNED TOWN DEETING HELD MARCH 26, 1951, Article 37. Presented by Alan G. Adams of the Planning Board. VOTED : To amend the Building By-laws by adding in Article III , Section 1, the following new paragraph: (B) Unavailability of Sewer. If the application is for the erection of a dwelling or building which requires sewage disposal facilities on land which has no sanitary sewer available for use, the Inspector shall immediately notify the Board of Health. If within five days after such notice , excluding Sundays and holidays, the Board of Health files a statement with the Inspe ctor setting forth that in its opinion the land is of such a character that adequate sewage disposal facilities cannot be pro- vided for such dwelling or building by a cesspool or septic tank or other device, the Inspector shall not issue the permit. The applicant may appeal to the Board of Appeals under the provisions of Section 4 of Article II and said Board by unanimous vote may order the permit to issue if it finds that adequate sewage disposal facilities can be provided for such dwelling or building by a cesspool or septic tank or other device. Carried by voice vote. 10 P . M. Lexington, Mass. April 1 , 1951 I , James J. Carroll, Town Clerk, Town of Lexington, do hereby certify the above to be a true and exact copy of Article 37 as passed at the Adjourned Town Meeting held March 26, 1951. r/IC Toi Clerk I / Boston , Mass. June 13 , 1951 The foregoing amendment to by-laws is hereby approved. /Signed/ Francis E. Kelly Attorney General 358 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 49 AS PASSED AT THE TOWN MEETING HELD MARCH 19, 1951 June 11 , 1951 Francis E. Kelly Attorney General State House, Boston, Mass. Dear Sir: I , James J. Carroll, Town Clerk of the Town of Lexington, Mass. , hereby certify that the Town Meeting of Lexington, duly called, warned and held the 19th day of March , 1951, in accordance with the provisions of law applicable thereto , at which a quorum was present and acted thereon, the following action, among others , occurred:- Article 49. VOTED: To amend Article XXVI of the General By-Laws of the Town by striking out the new section that was added to said article at the session of the Annual Town Meet- ing held on March 28, 1938 and 'inserting in place there- of the following : Section 2. The existing Board of Appeals established under the Zoning By-Law shall be and shall act as the Board of Appeals under the planning law, being Sections 81A to 81Y inclusive of Chapter 41 of the General Laws , as provided in Section 81R of said Chapter 41 . Carried Unanimously 10:02 P. M. Enclosed certified warrant of t he meeting. Above amendment being presented to you for your approval. Yours very truly, JJC:MM /Tpwn Clerlr / / Boston, Mass. August 17, 1951 The foregoing amendment to by-laws is hereby approved. (Signed) Francis E. Kelly Attorney General