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HomeMy WebLinkAbout1949-11-14-STM-min 84 SPECIAL TOWN MEETING HELD NOVEMBER 14, 1949 r7:1 Meeting called to order by the Moderator, Charles E. Ferguson at 8:02 P.M. There were 147 Town Meeting Members present. Town Clerk, James J. Carroll reads the Warrant for the meeting until motion made and seconded that the reading be waived. Town Clerk, James J . Carroll reads the Constable ' s return of the Warrant 8:04 P.M. Unless otherwise noted all Articles presented by George W. Emery, Chairman, Board of Selectmen. Article 1. Howard A. Patterson, Chairman of the Appropriation Committee presents Appropriation Committee's report of the meeting, which was voted to be accepted and placed on file 8:04 P.M. Article lb. VOTED : That a committee of 5 , consisting of the Town Clerk and one resident from each of the four Town precincts , be appointed by the Selectmen to review the boundaries of the four Town precincts , and submit a report in writing to the Board of Selectmen with recommendations as to whether the boundaries of any or all of said precincts should be wholly or partly revised or the number of precincts changed under the provisions of Chapter 215 of the Legislative Acts of 1929 not later than March 1 , 1950. Carried Unanimously 8:08 P.M. Article 1. REPORT ON LOSS OF TWO IMPORTANT TOWN OFFICIALS 1. Fred Spencer reached his 70th birthday within the last few days and has now retired under the Town Retirement system after 38 years as full-time worker in our Assessing Depart- ment. His invaluable experience and background is of course irreplaceable and we shall feel his absence very drastically. It would not be appropriate to let a man who has given all the working years of his life to the town' s service retire without public acknowledgment and tribute to him. We wish him the best of luck and many years of pleasant living in retirement . 2. The other serious loss is our very able Town Counsel , Mr. Lynch. Mr. Lynch told Mr. Driscoll and the Chairman a week ago last Sunday that he had definitely decided that he could no longer afford to take the necessary time from his private practice and from his family to continue as Town Counsel after December 31st . His formal letter of resignation was received this weekend and the Board of Selectmen have , with deep regret within the last hour, accepted his resignation on that basis. Mr. Lynch will be badly missed by all town Boards , Committees and officials with all of whom he was always cheer- fully ready day or night to confer and advise. The present Chairman of the Board of Selectmen will un- doubtedly miss him most of all --- bath as an invaluable ad- visor and helper --- and as a very close personal friend. This may well mean the end of an era --- an era during which the Town had the good fortune to find among its public spirited citizens talented attorneys who could and would give the very substantial time in their office , at the Town Offices , and evenings at home to the town' s business --- and all for what I consider little more than a token remuneration. Almost every phase of municipal activity involves legal problems and with the growth of Lexington , the necessary work for our Town Counsel is far beyond what the average citizen would realize. From my experience on the Board during the past three years , it is my conviction that Mr. Lynch has been definitely underpaid ever since he became our Town Counsel. In pre- paring our Legal Department budget for 1950 we shall have to be very realistic. The Town owes a real debt of gratitude to Dan Lynch and the Board of Selectmen is privileged to see that it is here- with so recorded. 8:10 P.M. 285 Article 2. VOTED.: That the Board. of Assessors shall consist of three persons to be appointed by the Selectmen under the provisions of General Laws , (Ter.Ed. ) , Chapter 41, Section 26, and that the Selectmen be and they hereby are directed to effect said diminution in the number of members of the Board of Assessors within a period of three years . Carried Unanimously $:14 P.M. Article 3 presented by Fred K. Johnson Article 3 . VOTED : That the Selectmen be and they hereby are authorized on behalf of the Town to purchase , take by eminent domain or otherwise acquire for the purposes of sewerage , drainage , water and public travel , or for any one or more of said pur- poses , a tract of land containing approximately 31 ,94$ square feet belonging to Matthew A. and Elizabeth G. MacCauley on the northeasterly side of Marrett Road and bounded on the southwest by Marrett Road 132.$0 feet , on the northwest by land of the Town of Lexington 254.71 feet , on the northeast by land now or formerly of Sorrentino by Outlook Drive and land of one Reid 124.06 feet , and on the southeast by land of one Loja 244. 55 feet ; to appropriate therefor the sum of J1,850 and to provide for the payment of same by a transfer of $1,$50 from the Excess and Deficiency Account. Carried Unanimously $:17 P.M. Mr. Emery states , if no objections from the Town Meeting Members Arl,icles 4 to $ inclusive would be presented as a group. There were no objections from the Town Meeting Members present. $:l$ P.M. Article 4. VOTED : To establish as a town way or accept the layout of as a town way Liberty Avenue from Ledgelawn Avenue to beyond Hamilton Road , a distance of approximately 1 ,220 feet , as laid out by the Selectmen, under the Betterment Act , and shown upon a plan on file in the office of the Town Clerk , dated October 6 , 1949, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously $:20 P.M. Article 5. VOTED : To establish as a town way or accept the layout of as a town way Ledgelawn Avenue from Bedford Street to beyond Hamilton Road , a distance of approximately 2,135 feet as laid out by the Selectmen, under the Betterment Act , and shown upon a plan on file in the office of the Town Clerk , dated October 6, 1949, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously $:21 P.M. Article 6. VOTED : To establish as a town way or accept the layout of as a town way Braemore Terrace from Liberty Avenue to North Hancock Street , a distance of approximately 2$0 feet as laid out by the Selectmen, under the Betterment Act , and shown upon a plan on file in the office of the Town Clerk, dated October 6 , 1949, and to take by eminent domain , purchase , or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously $:22 P.M. Article 7. VOTED : To establish as a town way or accept the layout of as a town way Hamilton Road from Ledgelawn Avenue to North Hancock Street , a distance of approximately 535 feet as laid out by the Selectmen, under the Betterment Act , and shown upon a plan on file in the office of the Town Clerk , dated October 6, 1949 , and to take by eminent domain , purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously $:23 P.M. Article E . VOTED : To establish as a town way or accept the layout of as a town- way Hillside Terrace from Ledgelawn Avenue , a distance of approximately 120 feet as laid out by the Selectmen, under the Betterment Act , and shown upon a plan on file in the office of the Town Clerk, dated October 6, 1949, and to take by eminent domain, purchase or otherwise acquire any easement or other interest in land necessary therefor. Carried Unanimously $:24 P.M. 286 zgg,7° Article 4-8 VOTED : To appropriate for the purposes enumerated in Articles 4-8 inclusive , the sum of $65 ,000. and to pro- vide for the payment thereof by a transfer of $15,000 from the Excess and Deficiency Account , and the balance of $50,000 to be raised by the issue of bonds or notes of the Town , and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $50,000 and issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws , Chapter 44, within a period not exceeding ten years. . Carried Unanimously 8:26 P.M. Article 9. VOTED : To establish as a town way or accept the layout of as a town way Bow Street from Cummings Avenue north- easterly approximately 304 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated October 21 , 1949 , and to abandon a portion of said Bow Street , formerly Wilson Avenue, consisting of approximately 4,250 square feet , and to abandon another portion of said Bow Street, formerly Arcadia Avenue , consisting of approximately 1 ,850 square feet , all as shown on said plan, and to discontinue as a town way those portions of Bow Street , formerly Wilson Avenue and Arcadia Avenue , consisting of approximately 1,850 square feet , all as shown on said plan, and to discontinue as a town way those por- tions of Bow Street , formerly Wilson Avenue and Arcadia Avenue as herein set forth . Carried Unanimously 8:28 P.M. Article 10. VOTED : That the sum of $4,700 be appropriated for the purchase and installation of a two-way radio system for the Police and Fire Departments , and to provide for the payment thereof by a transfer of 34,700 ffom the Excess and Deficiency Account . Carried Unanimously 8:30 P.M. Article 11. VOTED : That the Selectmen be and they hereby are authorized on behalf of the Town to take by eminent do- main, purchase or otherwise acquire for drainage pur- poses an easement over a strip of land bounded and described as follows: "Beginning at a point in the westerly sideline of School Street thence westerly dis- tant about 187 feet to a point , said line being parallel and distant 9.00 feet northerly of the southerly side- line of Roosevelt Road , thence northwesterly distant about 31 feet to a point in the northerly sideline of Roosevelt Road, for a distance of 5 feet on each side of said lines of location , all as shown on a plan entitled , 'Plan of Drain Easement in Roosevelt Rd. , Lexington, Mass. , Scale 1" - 40' , Aug. 22, 1949 , William M. Burns , Town Engineer' ," and to appropriate therefor the sum of $50.00 and to provide for the payment thereof by a transfer of $50.00 from the Excess and Deficiency Account. Carried Unanimously 8:35 P.M. Article 12. Presented by Albert H. Burnham, Chairman , Cemetery Committee Article 12. VOTED : To approve the Rules and Regulations made and adopted by the Cemetery Commissioners regarding public cemeteries within the Town on October 10, 1949 under the provisions of General Laws , (Ter.Ed. ) Chapter 114, Section 23 . Carried Unanimously 8:37 P.M. (Cemetery Rules and Regulations on file in Town Clerk's office ) Article 13 . VOTED : To amend the Zoning By-Law by adding at the end87 of Section 6(a) as amended, the following paragraph: "The requirements of a minimum area of 12,500 square feet shall not apply to lots duly recorded by plan or deed provided such lots have not less than 100 feet upon a frontage street and a combined area of 12, 500 square feet in the Town of Lexington and an adjoining town. Winfield S. Caouette reads report of Hearing November 8, 1949 On November 8th , 1949 the Planning Board held a duly advertised hearing to consider a Proposed Amendment to the Zoning By-Law. This Proposed Amendment is set forth under Article 13 of the Town Warrant for the meeting to be held November 14th, 1949. The Petitioners included: Edith W. Willard, Jeneive Robinson, Carolyn J. Lawrence , Pauline H. Bolter and Margery W. Williams. Also present was their counsel, Mr. Nathan Bidwell. Various town officials were present , including a member of the Board of Selectmen , the Town Engineer, the Building Inspector and others. The case for the Petitioners was argued by Mr. Bidwell. Following there was a general discussion. There was no opposition to the Proposed Amendment. After the hearing was adjourned, the Planning Board, of which five ( 5) members were present , voted to recommend favorable action to the Town Meeting. Winfield S. Caouette William G. Potter Alan G. Adams Frederic K. Johnson Article as presented voted upon and Carried Unanimously 8:41 P.M. Article 14 presented by H. Webster Thomas Article 14. VOTED : To authorize and direct the Moderator to appoint an Elementary School Building Program Committee of five members consisting of a member of the Planning Board, a member of the Appropriation Committee , a member of the School Committee , a member of the Capital Outlay Committee , so called, and one resident-at-large to study and make recommendations to the Town for the program to be followed in enlarging the Elementary School Building facilities , and to submit a written report to the next Annual Town Meeting , and to appropriate for the use of said Committee in securing pro- fessional advise and estimates of costs and other incidental expenses the sum of $5 ,000 and provide for the payment thereof by a transfer of $5 ,000 from the Excess and Deficiency Account . Substitute motion presented by John H. Devine as follows: VOTED : That the Moderator appoint a Committee of seven (7) to make a complete survey and study of the elementary school building needs and the high school building needs , the membership of the Committee to consist of: A member of the Board of Selectmen A member of the Planning Board A member of the Appropriations Committee A member of the Capital Expenditure Committee A member of the School Committee A member of the Town Manager Committee One member at large , resident of the town , preferably a builder or architect who has had experience with and knowledge of the town affairs and to appropriate the sum of FIVE THOUSAND DOLLARS ( $5 ,000) for the use of such Committee and to provide for the payment thereof by a transfer from available funds . Moderator , Charles E. Ferguson ruled motion as presented out of order at 8: 58 P.M. Amendment presented by A. Edward Rowse Jr. as follows: 288 VOTED : To authorize and direct the Moderator to appoint an Elementary School Building Program Committee of seven members consisting of a member of the Planning Board, a member of the Appropriation Committee , a member of the School Committee , a member of the Capital Outlay Committee , so called, and three residents-at-large to study and make recommendations to the Town for the program to be followed in enlarging the Elementary School Building facilities , and to submit a written report to the next Annual Town Meeting , and to appropriate for the use of said Committee in securing professional advice and estimates of costs and other incidental expenses the sum of 05 ,000 and provide for the payment thereof by a transfer of 05 ,000 from the Excess and Deficiency Account . Vote taken for the acceptance of the Amendment which was Carried Unanimously at 9:08 P.M. Original motion as amended voted upon and Carried Unanimously at 9:09 P.M. Article 15. Move for indefinite postponement which was Carried Unanimously 9:12 P.M. Article 16. VOlhD : That the Selectmen be and they hereby are auth- orized and directed to appoint a committee of 25 to make and execute plans for the celebration of the 175th Anniversary of the Battle of Lexington and to raise and appropriate for said celebration under the provisions of Chapter 527 of the Legislative Acts of 1949 the sum of $12,000 to be disbursed by said committee under the supervision and direction of the Board of Selectmen. Carried Unanimously 9:13 P.M. Article 17 presented by Leon H. Bateman Article 17. VOTED : That this article be indefinitely postponed. By voice vote Moderator declared indefinite postponement carried. Same questioned by 20 Town Meeting members . Standing vote taken as follows : IN FAVOR TELLERS OPPOSED 15 Leland Emery 16 41 Lee Tarbox 11 24 George Foster 28 80 55 Carried 9:33 P.M. As all Articles were disposed of the Moderator declared the meeting dissolved at 9:34 P.M. Town C er Attest: