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HomeMy WebLinkAbout1947-03-24-to 1947-03-31-ATM-min 189 Adjourned Town Meeting held March 24, 1947 Meeting called to order by the Moderator, Robert H. Holt at 8:08 P.M. There were 193 Town Meeting Members present. Reading of the Warrant by the Town Clerk, James J. Carroll, until further reading was waived upon motion of Selectman, Frederick M. Gay. Constable's Return of the l'-arrant read by the Town Clerk, James J. Carroll. 8:10 P. M. Article 2. Report of the Appropriation Committee presented by J. Milton Brown which was voted to be accepted and placed on file. 8:10 P. M. -All articles presented by Selectman, William C . Paxton unless otherwise noted. Article 2. Report of Cary Lectures accepted and placed on file 8:11 P. I. Article 2. VOTED: That a Temporary Recreation Commission, composed of five members to serve without pay, be appointed; two to be appointed by the Board of Selectmen, two to be appointed by the School Committee and one to be appointed by the Moder- ator, to develop the scope of and establish authority for a recreation program and make recommendations for the esta- blishment of a permanent Recreation Commission to tie Board of Selectmen not later than January 1, 1948. ( The sum of $250 is included in Selectmen's Expenses) Carried Unanimously 8: 12 P. M. Article 2. VOTED: That a Committee of three be appointed by the Mod- erator to have charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried Unanimously 8: 12 P. M, 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, 1948, and to issue a note or notes that may be given for a period of less than one year. Carried Unanimously 8: 13 P. M. Article 4. VOTED: That the following amounts be appropriated for the current year and be assessed except where a transfer is indicated: Appropriation Committee Personal Services $ 550.00 Expenses 860.00 Carried Unanimously 8:14 P. M. Selectmen's Department Personal Services 5,815.13 Expenses 2,942.00 (Which includes 0250 for recreation commission.) Carried Unanimously 8:15 P. M. Accounting Department Personal Services 7,126.17 Expenses 530.00 Carried Unanimously 8:15 P. M. 190 Article 4. Treasurer's Department (Cont.) Personal Services (Of which 01,458.91 is 42,823.603 for salary of Town Treasurer) Expenses 811.68 Carried Unanimously 8:16 P. M. Collector' s Department Personal Services (Of which $3,750 is for 7,149.28 salary of Tax Collector) Expenses 1,500.00 Carried Unanimously 8:16 P. M. Assessors' Department Personal Services 8,197 .96 Expenses 2,195.00 Carried Unanimously 8:16 P. M. Law Department Personal Services 2,000.00 Special Fees 1,500.00 Expenses 425.00 Carried Unanimously 8:17 P. M. Town Clerk's Department Personal Services (Of which $2,242.12 is for 4,140.64 salary of the Town Clerk) Expenses 160.50 Carried Unanimously 8:18 P. M. Elections Department-Jurisdiction Selectmen Expenses 713.00 Carried Unanimously 8:18 P. M. Elections Department-Jurisdiction Town Clerk Expenses 202.56 Carried Unanimously 8:18 P. M. Registrations Department Personal Services 737.52 Expenses 242.50 Amendment presented by James J. Carroll, Clerk, Board of Registrars. Registrations Department Registrars 437.52 Assistant Registrars 211.00 648.52 Vote to accept amendment. Carried 8:21 P. Y. Amendment as presented. Carried Unanimously 8:22 P.M. A. Edward Rowse asks for reconsideration. Reconsideration voted upon and lost 8:22 P. Ivi. Public Works - Superintendent 's Office Personal Services 13,146 .96 Expenses 265.00 Carried Unanimously 8:23 P. M. Town Offices & Cary Memorial Building Personal Services 6,242.00 Expenses 10,500 .00 Carried Unanimously 8:23 P. M. 191 Article 4. Engineering Department (Cont. ) Personal Services 413,549.84 Expenses 955.00 Carried Unanimously 8:24 P. M. Board of Appeals-. Expenses 400.00 Carried Unanimously 8:24 P. M. Planning Board Expenses 1,000.00 Carried Unanimously 8:24 P. M, Police Department Personal Services 56,143.18 Expenses 5,628.00 Carried Unanimously 8:25 P. M. Fire Department ParsOnal Services 64,050.99 Expenses 9,490.00 Carried Unanimously 8:25 P. M. Building & Plumbing Department Personal Services 6,445.98 Expenses 1,050.00 Carried Unanimously 8:26 P. M, Wire Department Personal Services 768.75 Expenses 125.00 Carried Unanimously 8:26 P. M. Weights & Measures Department Personal Services 562.50 Expenses 285.00 Carried Unanimously 8:26 P. M. Insect Suppression Personal Services 495.00 Wages & Expenses 4,600.00 Carried Unanimously 8:26 P. M. Shade Trees Wages & Expenses 2,900.00 Carried Unanimously 8:27 P. M. Forest Fires Personal Services 50.00 Wages & Expenses 500.00 Carried Unanimously 8:27 P . M. Dog Officer Personal Services 112.50 Expenses 75.00 Carried Unanimously 8:27 P. M. Health Department Personal Services 665.63 Expenses 5,336.00 Carried Unanimously 8:28 P. M. 92 YS�J Article 4. Milk Inspection (Cont.) Personal Services 450.00 Carried Unanimously 8:28 P. M. Dog Clinic Expenses 452.00 Carried Unanimously 8:28 P. M. Dental Clinic Personal Services 1,726,25 Expenses 100.00 Carried Unanimously 8:29 P. M. Posture Clinic Expenses 625.00 y Carried Unanimously 8:29 P. M. Vital Statistics Expenses 25,00 Carried Unanimously 8:29 P . M. Animal Inspection Personal Services 562.50 Carried Unanimously 8:29 P. M. Slaughtering _InspectIon Personal Services 900 .08 Carried Unanimously 8:29 P. M. Sewer Maintenance Wages & Expenses 5,000.00 Carried Unanimously 8:29 P. M. Sewer Maintenance Services ( To be transferred from Excess 40,000.00 and Deficiency Account) Carried Unanimously 8:29 P. M. Drainage Construction Sundry Streets 2,200.00 Carried Unanimously 8:30 P. M. Garbage Collection Expenses 10,225.00 Carried Unanimously 8:30 P. M. Care of Dumps & Removal of Ashes Wages & Expenses 4,627.13 Carried Unanimously 8:34 P. M. Public forks Building Wages & Expenses 12, 140 .00 Carried Unanimously 8:34 P. M. Eighway Maintenance Wages & Expenses 50,000.00 Carried Unanimously 8:34 P. M. 193 Article 4. Highway Department Road Machinery (Cont. ) Expenses (To be transferred from the $140429 .00 Road Machinery Fund.) Carried Unanimously 8:34 P. M. Snow Removal Wages & Expenses 20,000,00 , Carried Unanimously 8:35 P. M. Traffic Regulation & Control Expenses 1,904.00 Carried Unanimously 8:35 P. M. Street Lights Expenses 26 760 00 $ 0 Carried Unanimously 8:35 P. M. Street Signs Expenses 1,465,00 Carried Unanimously 8:35 P. M. Public Welfare Department Personal Services 863.05 Administration 80.00 Aid & Expenses 18,000.00 Carried Unanimously 8:35 P. M. Dependent Children Aid Personal Services Administration 40.00 Aid & Expenses 6,210.00 Carried Unanimously 8:35 P. M. Old Age Assistance Personal Services 5,223.79 Administration Items 680.00 Aid & Expenses 58,160.00 Carried Unanimously 8:36 P. M. Veterans ' Benefits Aid & Expenses 7,350.00 Carried Unanimously 8:36 P. M. Soldiers ' Burials Expenses 200.00 Carried Unanimously 8:36 P. M. School Maintenance - Presented by H. Webster Thomas VOTED: That the sum of $394,966.32 be appropriated and assessed for the School Department divided as follows: Personal Services 317,747.32 Expenses 77 ,219.00 394,966.32 Carried Unanimously 8:42 P. M. VOTED: That the sum of $203.00 be appropriated and assessed for the payment of Americanization eduation. Carried Unanimously 8:42 P. M. 194 Article 4. School Maintenance (Cont,) (Cont.) VOTED: That the sum of $3,031.00 be appropriated and assessed for Vocational Education divided as follows: Tuition 12,327.00 Handicraft Classes 704.00 $3,031.00 Carried Unanimously 8:42 P. M. Cary_ Memorial Libra_r - Presented by H. Webster Thomas VOTED: That the sum of $26,482.88 be appropriated and assessed for the support of Cary Memorial Lib- rary and Branch for the current year, as follows: Personal Services 17,382.88 Expenses 9,100.00 which includes the amount of $1,872.77 received from the County for dog licenses. Carried Unanimously 8:50 P. M. Parks & Playgrounds Personal Services 6,265.19 Wages & Expenses 17,075.00 ( Of which $230 is to be transferred from the Tower Park Fund.) Carried Unanimously 8:52 P. M, Board of Retirement Expenses 150.00 Carried Unanimously 8:52 P. M. Contributory Retirement System Pension Accumulation Fund 14,473.00 Carried Unanimously 8:52 P. M, Patriots' Day Expenses 29000000 Carried Unanimously 8:52 P. M. Memorial Day Expenses 250.00 Carried Unanimously 8:53 P. M. Insurance Premiums 10,000.00 Carried Unanimously 8:53 P. M. Printing Town Report Expenses 1,800.00 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. 195 Article 4. Unclassified (Cont.) Expenses 250.00 Carried Unanimously 8:55 P. M. Water Maintenance Personal Services 1,580.19 Wages & Expenses 33 000.00 Carried Unanimously 8:55 P. M. ' Water Services Wages & Expenses 25,000.00 Carried Unanimously 8:55 P. M. Cemetery Maintenance - Munroe Personal Services 337.50 Wages & Expenses 4,983.20 Carried Unanimously 8:56 P. M. Cemetery Maintenance - Westview Personal Services 875.00 Wages & Expenses 9,295.40 ( Of which .$2500 is to be transferred from Westview Sale of Lots Fund and $500 is to be transferred from Public Trusts) Capital Outlay ( To be transferred from Westview Sale of Lots Fund) 5,000.00 Carried Unanimously 8:57 P. M. Interest on Debt Interest 4,731.25 Carried Unanimously 8:58 P. M. AND FURTER VOTED: That the following amounts be appropriated: Maturing Debt 63,602,45 Of which $5,000 is to be transferred from the Water Department Available Surplus Fund; $1,898.69 is to be transferred from the Sewer Assessment Fund; $2,051.61 is to be transferred from the Water Asse;.sment Fund; and $54,652.15 is to be transferred from the Excess and Deficiency Account , Carried Unanimously 8:59. P. M. Article 2. Presented by Roland B. Greeley: I offer the following vote: That the Loderator appoint a committee of five to study the advisability of adopting the Town Manager form of government, said committee to report its recommendations to the next Annual Town Meeting . Lost 9:02 P. M. Article 2. The following presented by Alfred P. Tropeano to obtain the sense of the meeting. WHEREAS the School Sites Committee, School Committee other Town Committees and Boards do now recognize that the number "l" site for an elementary school is the northerly portion of the so-called Aldrich Property East of Lincoln Street and directly South of Park Drive; and WHEREAS the site was donated to the Town in 1938 by J. Willard Hayden with the provision that: 196 "with the written consent of the donor. . .portions of said play- ground may be devoted to structures to be used by the youth-of �a Lexington for educational purposes apart from strictly play- ground usage if such structures and the necessary area about them will not, in the opinion. . .of the donor. . .seriously encroach upon the area reasonable required for the realization of the purposes of this grant that it be devoted primarily to recreational play- ground activities" ; and Wr, REAS, in the opinion of some Town officials an elementary school located at the above site will not seriously encroach upon recreational playground activities and any other site will necessitate the taking of one or more residences ; IT `IS, TFEREFCRE, .voted that it is the sense of this meeting that the Board of Selectmen appoint a committee of a number they deem advisable to consult Mr. J. Willard Hayden and convey to him the preamble of this motion and the information that it is the opinion of this Town Meeting that the number "1" site for an elementary school is that portion of the Aldrich property so-called as set forth in the preamble and that the Town Meeting members through the committee appointed by the Selectmen respectfully request that he grant his permission to erect a school at the above site, or to set forth hope the proposed school will violate the terms of the gift, and the said committee is hereby respectfully requested to submit its report at the adjourned Town Meeting. Carried Unanimously 9: 14 P. M. Article 5. Indefinitely Postponed. 9:15 P. M. Article 6. Indefinitely Postponed. 9:18 P. M. Article 7. VOTED: That the following amount be appropriated and assessed for the unpaid bills, for the year 1946, of the following account: Committee on Veterans' Rehabilitation and Employment Adams Press $20.00 Carried Unanimously 9:19 P. M. Artidle 8. VOTED: That the sum of $15,000 be appropriated for the Reserve Fund, of which $7,400 to be transferred from overlay Reserve Fund and $7,600 by direct assessment. Carried Unanimously 9:19 P. M. Article 9. VOTED: That the Board of Selectmen be authorized to pet- ition the Director of Accounts of the State for an audit for the year 1947 . Carried Unanimously 9:20 P. M. Article 10. VOTED: That the Selectmen be and they hereby are author- ized to install water mains not less than 6" but less than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1947, subject to the assessment of betterments , and to take by purchase or eminent domain any easements necessary therefor and to appropriate therefor the sum of $170,000 which said'sum shall 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 $170,000 and to issue bonds or notes of the Town to be payable in accordance with the provision of General Laws Chapter 44, within a period not exceeding fifteen years. In Favor Opposed 42 Charles M. Blake 0 98 William F. Downe 1 33 Tracey W. Ames 0 173 Carried 9:23 P. Y. 197 Article 10. VOTED: That the Selectmen be and they hereby are auth- (Cont .) orized to install water mains of 16" or more in diameter in such accepted or unaccepted streets as may be applied for durinp. the year 1947, subject to the assessment of betterments, and to take by purchase or eminent domain any easements necessary therefor and to appropriate there- fore the sum of $100,000 which said sum shall be raised by the issueof- 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 $100,000 and to 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 twenty-five years. In Favor Opposed 40 Charles L. slake 0 107 William F . Downe 1 34 Tracey 7. Ames 0 181 1 Carried 9 :25 P. M. Article 11. VOTED: That the Selectmen be and they hereby are auth- orized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1947 in accordance with St. 1897, Chap . 504, as amended, or other- wise, and to take by eminent domain any easements necessary therefor, and to appropriate therefor the sum of $26 ,000, of which 56,000 is to be transferred from the Excess and Deficiency Account and the balance of 620,000 is to be raised 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 20,000 and to 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 9:27 P. L. Article 12. VOTED: That the sum of 0256 .13 be appropriated and assessed to pay contributions to the Contributory Retire- ment Systems on account of members thereof in the ILilitary or Naval Service , Carried Unanimously 9:27 P. M. Artimbax14xYr17 " txklaffxxxxxmitx*4222xlmaxxialmullsztak. . xAmdxxxx- . :d fmrxammivitxx7omx.rsakfradx...4. 0amxxafxkluixibalim, “h412 x;mandiamx—, :pimmx22xlidi±hExamaawax' . .xxzx Aupdxdi immxkRxxImim tft4 v2xxx kimilxRxxximmx 142,,d zit dwrriedmItnamilimsayx2x2RxRxaM. Article 13. VOTED: That the sum of $1,200 be appropriated and assessed for the purchase of a new cruising car for the Police Department. Carried Unanimously 9:28 P. M. Article 14. VOTED: That the following sums be appropriated and assessed for pensions for retired members of the Police and Fire De- partments, under Chapter 32 of the General Laws as amended: Police Pensions $1,500.00 Fire Pensions 4,986.84 Carried Unanimously 9:29 P. M. 198 :- ✓Jry rz�•W Article 15 . VOTED: That the sum of $1,500 be appropriated and assessed tJ for highway maintenance under authority of Chapter 90 of the General Laws • said sum or any pvrtion thereof to be expended under the direction of the Selectmen and to be used in conjunction with any money which may be allotted by the State, County or both, for this purpose . Carried Unanimously 9:29 P. M. Article 16. Indefinitely Postponed. 9:30 P. M. Article 17. VOTED: That the Selectmen be and they hereby are authorized to construct cement or bituminous concrete sidewalks where the abutting owner pays one-half of the cost, and for the purpose of said construction the sum of $2, 000 be approp- riated and assessed. Carried Unanimously 9:30 P. M. Article 18. VOTED: That the Selectmen be and they hereby are auth- orized to construct curbings and for the purpose of said curbings the sum of $5,000 be appropriated and assessed. Carried Unanimously 9:31 P. M. Article.19. VOTED: That the sum of $2,500 be appropriated as a supple- mentary construction appropriation to be used in con- junction with money already appropriated, to cover ex- penses incidental to the completion of the new Central Fire Station; this amount to be provided by a transfer from the Excess and Deficiency Account. Carried Unanimously 9 :34 P. M. Article 20 . VOTED: That the sum of 421,000 be appropriated for the erection of a locker building at the Center Playground; $6,000 of this amount to be transferred from the Excess and Deficiency Account and the balance of $15,000 to be raised 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 $15,000 and to 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 . Motion for Indefinite Postponement made by Ernest Cutter. Seconded. Indefinite Postponement Carried 9:38 P. Ma Article 21. VOTED; That the sum of $6,000 be appropriated for the eradication of mosquitoes under Section 4A of Chapter 252 of the General Laws; this amount to be transferred from the Excess and Deficiency Account . Carried Unanimously 9:40 P. M. Article 22. VOTED: That the Town enlarge the scope of the Road Mach- inery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Public works Department 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 9:41 P. M. Article 23. VOTED: That the Selectmen be and they hereby are auth- orized to appoint one of their members to the Board of Appeals, in accordance with General Laws, Chapter 41, Sec. 4A. Carried Unanimously 9:43 P. M. Article 24. VOTED: That the Selectmen be and they hereby are auth- orized to install street lights in such unaccepted streets as they may determine duringthe year 1947, Carried Unanimously 9:44 P. M. 199 Article 25. Presented by H. Webster Thomas . VOTED: That the sum of $200.00 be appropriated and assessed to pay the necessary expenses of School Officers incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the School Department . Carried Unanimously 9:44 P. M. Article 26. Presented by H. Webster Thomas. VOTED: That the 'sum of $6, 000.00 be appropriated for the purpose of developing a play area on the so called Russell property in the rear of the High School Building, this money to be transferred from the Excess and Deficiency Account. Carried Unanimously 9:45 P. M. Article 27. VOTED: That the sum of 41,500.00 be appropriated and assessed to pay for completing and eou ipping additional classrooms in the Adams School. Carried Unanimously 9:47 P. M. Unless otherwise noted, the following articles presented by Selectman, Errol H. Locke. Article 28. VOTED: That the Town accept Chapter 559 of the Acts of 1946, authorizing increases of the amounts of pensions payable to certain former public employees who have been retired. Carried Unanimously 9:49 P. M. Article 29. VOTED: That the sum of $2,000 be appropriated and assessed to pay increased amounts of pensions payable to certain former public employees who have been retired. Carried Unanimously 9:49 P. M. Article 30. MOVED THAT: The Selectmen be authorized and directed to Presented by accept on behalf of the Town as a gift for park purposes Moderator, the land in the vicinity of Munroe Station lying between Robert H.Holt . Massachusetts Avenue and the property and location of the Daniel A.Lynch Boston & Maine Railroad and lying between the right-of- presiding as way leadingfrom tiassachusetts Avenue to the Railroad Moderator location and Tower Park, containing approximately twenty- Pro-tem. six thousand four hundred (26,400) square feet, Carried Unanimously 9:57 P. M. Article 31. VOTED: That the Town amend the Building Laws by substit- uting at the end of line 3, Section 2. Article XIX, the word "ten" for the Word "six" so that the same will read as follows : "A sign attached to a store or other commer- cial front may extend the full width of such front, but shall not be more than three feet overall in height. In no event shall it project more than ten inches from the face of the wall nor project above the roof line. There shall be not more than one exterior sign for each firm or business occupying a building and all such signs shall be erected flat against the building. All new signs shall conform to this Article, and all signs must conform not later than January 1, 1946 ." Carried Unanimously 9:58 P. M. Article 32. VOTED: That the Town accept Section 16B of Chapter 147 of the General Laws of Massachusetts relative to excusing members of the Police Department from duty for one day out of every six without loss of pay. Carried Unanimously 9:59 P. M. 200 Article 33. VOTED: That the Town amend the General By-laws of theZnJ Town of Lexington by adding to Article Y,XVI the -follow- ing: "Section 3. No person shall, except as authorized or required by law, fire or discharge any gun, fowling piece, or other firearms or an air rifle in the Town of Lexington; but the provisions of this section shall not apply to the Chief of Police or other police officers in the performance of their duties nor to the use of such weapons at any military exercise or 'in the lawful defense of the person, family, or property of any citizen, nor to the rights and privileges of an owner or lessee of land as set forth in Chapter 131 of the General `Laws.' Lost 10:13 P. M. Article 34. VOTED: That the Town amend Section 6 of Article 6 of the General By-laws of the Town by substituting the word "three" for the word "four" between the words "for" and "hours" in the fifth line of said section so that said Section `6 will read as follows: "Section 6. That portion of the Town Office Building which is occupied by the offices of the Board of Selectman, or Board of Public Works, the Town Clerk, the Town Treas- urer, and the Collector of Taxes, shall be kept open continuouslyfor the transaction of business for eight hours each week day, except holidays, and on Saturdays for three hours, the particular hours to be arranged by the Selectmen for the convenience of 'the public." Carried Unanimously 10:15 P. M. Article 35 . VOTED: That the Selectmen be and they hereby are auth- orized to sell and convey to the Lexington Golf Club a parcel of land beginning at the northerly corner of the Alms House lot, which is at the corner of Hill and Cedar Streets, thence southwesterly by McEnroe distant about 150 feet to a point, thence southeasterly by Town of Lexington distant about 308 feet to a point, thence northeasterly by Town of Lexington distant about 135 feet to a point, thence northeasterly by Lexington Golf Club distant about 308 feet to the point of beginning, con- taining approximately one acre , upon such terms and conditions as the Selectmen may approve . Carried Unanimously 10:16 P. M. Article 36. Indefinitely Postponed. 10:16 P. M. Article 37 . Presented by Richard P. Cromwell. VOTED: That the Town amend the Zoning By-Law by striking out paragraph (a) of Section 6 and substituting in lieu therefor the following: "6( a) - In R.1 and R,2 Districts no dwelling shall be erected or moved upon land laid out for house lots after the adoption of this amendment to the Zoning By-Law unless there shall be provided for each such dwelling or other permitted structure a lot frontage of not less than 100 feet upon the frontage street and an area of not less than twelve thousand five hundred (12,500) square feet . On each side of each dwelling, garage, barn, stable or other acessory permitted structure nearest each sideline there shall be provided a side yard of at least 15 feet in width and no building or structure shall be moved, 'altered, reconstructed, enlarged or rebuilt in such districts so that a side yard less in width shall result . No lot in R.1 or R.2 Districts , upon which is located any dwelling or other permitted structure and accessory structures' or' for which a building permit has issued and is still outstanding, shall be subdivided and reduced so that said lot shall have a lot frontage and area less than, or side yards and street setback less than, the minimum required. Nor shall any lot in said Districts, upon which permitted structures have been erected or moved or for which a building permit has issued and is 201 ,Article 37 . still outstanding, be subdivided in any manner unless said (Cont.) structure shall retain the required frontage , area, side yard, and street depth upon a street or highway existing at the time of erection or moving thereon or a street constructed thereafter in accordance with existing Town Laws . No land retained, conveyed, devised, or otherwise transferred that violates the restrictions on subdivisions of lots herein set forth shall be included in determining the frontage and area of any other lot, and the building inspector, or other person authorized to issue permits to erect or move structures thereon, shall not issue a permit unless said other lot contains the required frontage and area exclusive of land transferred or retained in violation of the restrictions pertaining to subdivisions . The provisions of this section pertaining to side yards only shall not apply to lots of less than 100-foot frontage duly recorded by plan or deed at the time this By-Law is adopted . However, on such lots there shall be provided on the side of each dwelling, garage , barn, stable or other accessory permitted structure nearest each side line a side yard, as follows : On lots recorded previous to July 19, 1929 the side yard shall be at least 7.5 feet in width and on lots recorded after July 19, 1929 but before October 6 , 1938 the side yard shall be at least 10 feet in width; and on lots recorded after October 6, 1938 and prior to the adoption of this amendment the side yard shall be at least 15 feet in width." In Favor Opposed 37 Charles Y. Blake 2 89 William F. Downe 14 - 29 Tracey T. Ames 2 155 18 Carried 10:35 P. M. Article 38. Presented by Richard P. Cromwell. VOTED: That the Town amend the Zoning By-Law by striking out paragraph (a) of Section 7 and substituting in lieu thereof the following: "7 ( a) --In residence districts designated as R.1 a yard of at least thirty feet in depth and in width between the exterior lines of the streets and not less than fifty feet from the center line of such streets, whether accepted or not, and the adjacent line of any porch or building shall be provided for every lot of land, and in R.2 and T.1 and C .1 districts designated at thefollowingpoints, namely, junction of Waltham Street and Ivarrett Road, known as Grape Vine Corner; junction of I'Larrett Road and Spring Street; junction of Lincoln and School Streets and Marrett Road, ,commonly known as "The Five Forks" ; junction of WalthamStreetand Concord Avenue ; junction of Woburn and Streets treets and the junction of Lowell and North Streets, and in C .1 Districts hereafter created, a ,yard of at least _twenty feet in depth between the exterior line of the street, and not less than forty feet from the center line of such street, whether accepted or not, and the adjacent line of any porch or building, shall be provided for every lot of land, and no new building or structure shall be constructed and no building or structure shall be moved, altered, reconstructed, enlarged or rebuilt ir_ such dis- tricts so that a yard less in depth shall result; except that this section shall not apply to buildings fronting on streets on which building lines shall have been specially established according to law during or subsequent to the year 1924." In Favor Opposed 19 Charles M. Blake 8 55 William F. Downe 42 25 Tracey W. Ames 8 99 Lost 10: 48 P. M. 202 Article 39, Mod for Indefinite Postponement. Carried 10:49 Article 40. VOTED: That the sum of $16,000 be appropriated for the purchase of equipment for the Department of Public Works; this amount to be transferred from the Road Machinery Fund, Carried Unanimously 10:50 P. M. The Moderator, Robert H. Holt, announced that the meeting would be adjourned for one week, March 31, 1947. / — To. C erk March 31, 1947 Special Election of Town Meeting Members , Precinct 2, called to order by James J. Carroll, Town Clerk, to elect one Town Meeting Member for a term of three years, ending in March, 1950, to fill the vacancy of George V. Morse, Jr. There were thirty (30) Town Meeting Members present. Nominations were made for William P . Fitzgerald and Thayer Rudd. The result of the votes cast was : William P . Fitzgerald re- ceived 22 votes ; Thayer Rudd received 8 votes; whereby William P . Fitzgerald was declared elected as a Town Meeting Member, Precinct 2 , for a term of three years ending in March, 1950 . Town Clrk Lexington, Mass. March 31, 1947 I, William P . Fitzgerald, do hereby accept my election as a Town Meeting Member, Precinct Two, for a term ending March, 1950. (Signed) William P. Fitzgerald 203 ADJOURNED TOWN MEETING HELD MARCH 31, 1947 Moderator, Robert H. Holt, called the meeting to order at 8:02 P.M. There were 183 Town Meeting Members present. Unless otherwise noted, Selectman, William C . Paxton presents the following articles . Article 41. VOTED: That the sum of 43400 be appropriated as a supple- mentary appropriation to be used in conjunction with money already appropriated for grading the enclosed athletic field; this money to be transferred from the Excess and Deficiency Account. Carried Unanimously 8:05 P. M. Article 42. VOTED: That the sum of "6600 be appropriated to purchase a fence for Belfry Hill; this money to be transferred from the Excess and Deficiency Account. Carried Unanimously 8:05 P. I . Article 43. VOTED: That the sum of $5 ,024.17 be appropriated to pay for services rendered in completing plans and specifi- cations for proposed additions to the library building; said sum to be transferred from the Excess and Deficiency Account, Carried Unanimously 8:06 P. M. Selectman, William C . Paxton reported for the committee of Robert H. Holt, William G. Potter and Harry A. Wheeler, authorized March 24, 1947 to interview J. Willard Hayden for his permission to use the Aldrich Property for a new Hancock School, stating that Mr. Hayden would not give his permission as he had made extensive plans for a Youth Center for the Town, and a school in the suggested area would seriously interfere with any such plans. Report accepted. 8:08 P. M. Under Article 2, Roland B. Greeley presents signed report of the School Sites Committee which was presented to the Town Meeting on March -24, 1947. Accepted and placed on file . 8:10 P. M. Article 2. Presented by Paul J. McCormack. II move that a committee of 5 be appointed, one each by the local posts American Legion, Veterans of Foreign Wars and Amvets, the remaining two by the Moderator for the purpose of investigating and reporting at the next Town Meeting, on the feasibility of the Town building homes for rental and eventual sale to Veterans under Section 6, Chapter 372, Acts of Massachusetts , 1946. Declared Lost 8:12 P. M. Article 2. Presented by H. Webster Thomas. VOTED: That the High School Planning Committee shall hereafter consist of the School Committee and three (3) other citizens of the Town to be appointed by the Moderator. Carried Unanimously 8:13 P. M, Roland B. Greeley moves to act upon Articles 47 , 48 and 49 if no objections . No objections from Town Meeting . Passed 8:17 P. M. Article 47. VOTED: That the Selectmen be and they hereby are authorized, on behalf of the Town, to purchase or take by eminent domain as a site for school purposes, 17,212 square feet of land, more or less, with or without the buildings thereon, from Stephen F. and Nellie J. Hamblin, situated at 45 Parker Street and bounded and described as follows: Beginning at a point in the southwesterly line of Parker Street, thence southwesterly along the northwesterly line of Lot 56 distant 223 feet to a point, thence northwesterly distant 24 feet to an angle point, thence northwesterly distant 54 feet to a point, thence northeasterly along the southeasterly line of 204 mss Article 47. Lot 54 distant 226 feet to a point in the southwesterly (Cont.) line of ParkerStreet, thence southeasterly distant 75 feet to the point of beginning, containing approximately 17,200 square feet, and being Lot 55 as shown on the Belfry Hill Stock Farm development pland and recorded in the Middlesex Registry of Deeds at Cambridge in Plan Book 38, page 17, and to provide for the payment therefor by a transfer of $7,687.50 from the Excess and Deficiency Account. Article 48. VOTED: That the Selectmen be and they hereby are auth- orized, on behalf of the Town, to purchase or take by eminent domain as a site for school purposes 19,000 square feet of land, more or less, with or without the buildings thereon, from_ Stanley I. and Margaret A. Phalen, sit- uated at 47 Parker Street and bounded and described as follows: Beginning at a point in the southwesterly line of Parker Street, thence southwesterly along the north- westerly line of Lot 57 distant 178.39 feet to a point, thence northwesterly distant 105.27 feet to a point, thence northeasterly along the southeasterly line of Lot 55 distant 223 feet to a point in the southwesterly line of Parker Street , thence southeasterly distant 95 feet to the point of beginning, containing approximately 19,000 square feet, and being part of Lot 56 as shown on the Belfry Hill Stock Farm development plan 'and recorded in the Middlesex Registry of Deeds at Cambridge in Plan Book 38, page 17, and to provide for the payment there- for by a transfer of $7,250.00 from the Excess and De- ficiency Account. Article 49. VOTED: That the Selectmen be and they hereby are auth- orized, on behalf of the Town, to purchase or take by eminent domain as a site for school purposes 16,800 square feet of land, more or less, with or without the buildings thereon, from Paul A. and Violet M. Ringland, situated at 49 Parker Street and bounded and described as follows: Beginning at a point in the south- westerly line of Parker Street, thence bearing to the right with a curve of 20.00 feet radius distant 31.42 'feet to a point of tangency, thence southwesterly along the northwesterly line of Clarke Street distant 192.79 feet to a point of curvature , thence bearing to the right with a curve of 20 .00 feet radiue distant 31.42 feet to a point of tangency, thence northwesterly distant 53.03 feet to a point, thence northeasterly along the south- easterly line of Lot 56 distant 233 feet to a point in the southwesterly line of Parker Street , thence south- easterly distant 73 .41 feet to the point of beginning, containing approximately 16,800 square feet, and being part of Lot 57 as shown on the Belfry Hill Stock Farm development plan` and recorded in the Middlesex Registry of Deeds at Cambridge in Plan Book 38, page 17, and to provide for the payment therefor by a transfer of $7,325.00 from the Excess and Deficiency Account Article 47 voted upon first with the following results: In Favor Opposed 0 Converse Hill 29 3 John P. Whalen 109 4 Robert T. Person 25 7 163 Lost 8:29 P. M. 205 Moved by Roland B. Greeley that Articles 48 and 49 be Indef- initely Postponed. Carried 8:29 P. M. Article 46. Presented by Alfred P. Tropeano. Voted that the new elementary school shall be located upon that portion of the Aldrich property so-called be- ginning at the intersection of Park Drive and Lincoln Street; thence, running Southwesterly along Lincoln Street, three hundred (300) feet; thence, turning and running Southeasterly in a line parallel to Park Drive, four hundred and twenty-five (425) feet ; thence, turning and running Easterly to Park Drive, two hundred and seventy- five (275) feet; thence, turning and running along Park Drive, six hundred and seventy-five (675) feet tothe point of beginning. And the Selectmen are hereby further authorized and empowered to take any and all legal steps necessary to vest the Town with an absolute fee in and to the afore- mentioned land and to remove any and all restrictions thereon. Motion by Alfred P. Tropeano that second part be withdrawn. Carried 8:30 P. M. The first part of the motion as presented, voted upon and declared lost . 8:57 P. M. The proposed Senior High School Building Report presented by Charles G. Davis, Chairman, which was voted to be accepted and placed on file. 8:58 P. M. Article 44. Presented by Charles G. Davis . VOTED: That the High School Planning Committee be auth- orized to obtain detailed plans, specifications and working drawings for the new Senior High School; and that the sum of $85,000 be appropriated to defray the expense of ob- taining such plans, specifications and drawings, which said sum shall be provided by the transfer of $25,000 from the Excess and Deficiency Account and by the assessment of $60,000. In Favor Opposed 24 Converse Hill 12 68 John P. Whalen 51 26 Robert T. Person 3 118 66 Carried 10:07 P. M. Article 45, Moved for Indefinite Postponement . 10:08 P. M. Article 50 . VOTED: That the sum of $1,000 be appropriated in add- ition to money already appropriated for settlement of damages arising out of the taking by eminent domain for school purposes of approximately eight acres of land be- longing to the William E. Mulliker. Estate as authorized by vote of the Town on April 1, 1946; this amount to be transferred from the Excess and Deficiency Account. Carried Unanimously 10:09 2, M. 206 Selectman, William C . Paxton moves to take up Articles 51 to 61 inc . as a group. No objections from Town Meeting Members . 10:13 P.M. Article 51, VOTED: To establish as a town way or accept the layout of as a town way, Taft Avenue from Charles Street to beyond Sutherland Road, approximately 470 feet southeasterly, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15 , 1947, and to take by eminent domain the easements necessary therefor. Carried Unanimously 10:20 P. M. Article 52. VOTED: To establish as a town way or accept the layout of as a town way, Pine Knoll Road from Bedford Street to the Bedford Town Line , approximately 1,145 feet north- easterly, as laid out by the Selectmen under the Better- ment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the easements necessary therefor, William E. Lyon speaks against the passing of Article 52 which was voted upon and declared lost 10:14 P. M. John E. Rowan asks for reconsideration of Article 52 whereby a motion was made by John P. Whalen and duly seconded that Article 52 be reconsidered. 10:15 P . M. This was voted upon and reconsideration granted at 10:19 P. M. Original motion of Article 52 presented and carried.* 10:20 P.M. Article 53. VOTED: To establish as a town way or accept the layout of as a town way, Lockwood Road from Rhodes Street to Byron Avenue, approximately 240 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the ease- ments necessary therefor. Carried Unanimously 10:21 P . M. Article 54. VOTED: To establish as a town way or accept the layout of as a town way, Byron Avenue at the end of Lockwood Road, approximately 265 feet, as laid out by the Sel- ectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the easements necessary therefor, Carried Unanimously 10:21 P. M. Article 55. VOTED: To establish as a- town way or accept the layout of as a town way, Spencer Street across Joseph Road, approximately 365 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the easements nec- essary therefor. Carried Unanimously 10:22 P. M. Article 56. VOTED: To establish as a town way or accept the layout of as a town way, Joseph Road from Massachusetts Avenue, northeasterly approximately 225 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the easements necessary therefor. Carried Unanimously 10:22 P. M. Article 57 . VOTED: To establish as a town way or accept the layout of as a town way, Brookside Avenue from Waltham Street to Stedman Road, approximately 590 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the easements necessary therefor. Carried Unanimously 10:22 P. M. 207 Article 58. VOTED: To establish as a town way or accept the layout of as a town way, Sutherland Road from Cherry Street to beyond Aerial Street, approximately 950 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated Jan- uary 15, 1947, and to take by eminent domain the easements necessary therefor. - Carried Unanimously 10:23 P. M. Article 59, VOTED: To establish as a town way or accept the layout of as a town way, Cary Street from Charles Street to be- yond Sutherland Road, approximately 445 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the easements necessary therefor. Carried Unanimously 10:23 P. M. Article 60, VOTED: To establish as a town way or accept the layout of as a town way, Cherry Street from Charles Street to be- yond Sutherland Road, approximately 425 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the ease- ments necessary therefor. Carried Unanimously 10:24 P. M. Article 61. Indefinitely postponed. 10: 24 P. M. Milton E. Shaw asks for reconsideration of Article 61. Eugene T. Buckley moves Article 61 be reconsidered, duly seconded, and carried. 10:27 P. M. Eugene T. Buckley presents Article 61, Article 61. VOTED: To establish as a town way or accept the layout of as a town way, Grant Street from Hayes Lane to East Street, approximately 3,990 feet, as laid out by the Selectmen under the Betterment Act, and shown on a certain plan on file in the office of the Town Clerk, dated January 15, 1947, and to take by eminent domain the easements necessary therefor. Carried Unanimously 10: 41 P. M, Articles 51 to 61 inc . presented as a group. VOTED: To appropriate for the purposes enumerated in Article 51-61, inclusive, the sum of 482,000 and to provide for the payment thereof by a transfer of §7,000 from the Escess and Deficiency Account, and the balance of 475,000 to be raised 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 475,000 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 10:44 P. M, Article 62. Indefinitely postponed. 10:44 P. M. Under Article 2 Geirge R. Anker presents motion which was immed- iately withdrawn. 10:47 P. M, Article 63. Presented by Carl W. Terhune . VOTED: To accept Section 4B of Chapter 136 of the General Laws of Massachusetts relative to the licensed operation on the Lord's Day of Bowling Alleys. Carried Unanimously 10:49 P. M, 208 William A. Barnes asks for reconsideration of motion presented -j by Paul J. McCormack under Article 2, 10:51 P . M. r!.) Reconsideration not allowed account reconsideration period expired. 10:52 P. M. Meeting dissolved at 10:53 P. M. de-0...g.. A Amor 46atlee 40/ / Town + le k WARRANT FOR SPECIAL TOWN MEETING - SEPTEMBER 22, 1947 (See Warrant Book - Page SPECIAL TOWN MEETING September 22, 1947 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lex- ington Monday, September the twenty-second in the year of our Lord nine- teen hundred and forty-seven at one o' clock in the afternoon. The following places were designated as the voting places for the various precincts: Precinct One , Adams School; Precinct Two , Three and Four, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen , and Wardens of the various precincts were assigned for duty as follows : Precinct One Precinct Two Charles J. Dailey Warden Clyde E. Steeves George E. Foster Inspector Arthur E. Locke Pauline E. Bartlett Inspector John H. Dacey Mary E. Stankard Clerk Randall W. Richards Mary A. Rowland Teller Elizabeth R. Nourse Helga M. Carlson Teller Edward McGrory Precinct ThreePrecinct Four Sidney U. Robbins Warden Lester L. Andrews Neil McIntosh Inspector Helen M. Kirk Charles E. Moloy, Jr. Inspector Mary A. Spellman Charles F. Vaughan Clerk , Mary J. Ferry Gladys T. Watson Teller Agnes L. Hall Ella G. Callahan Teller The polls were declared open in each precinct at one o' clock P.M. and remained open until eight o' clock P. M. , after which time , after due notice , they were closed. The election officers were sworn to the faithful performance of their duties. The ballots were counted by the election officers in each prec- inct , the tally sheets and to vote sheets prepared by the Town Clerk being used. 219 Approval of Article 37 as passed at an Adjourned Town Meeting held March 24, 1947 , by Attorney General , Clarence A. Barnes. June 20, 1947 Article 37 as passed at an Adjourned Town Meeting held March 24, 1947. Article 37. VOTED: That the Town amend the Zoning By-law by striking out paragraph (a) of Section 6 and substituting in lieu therefor the following: "6(a)--In R.1 and R.2 Districts no dwelling shall be erected or moved upon land laid out for house lots after the adoption of this amendment to the Zoning By-Law unless there shall be provided for each such dwelling or other permitted structure a lot frontage of not less than 100 feet upon the frontage street and an area of not less than twelve thousand five hundred (12 , 500) square feet. On each side of each dwelling, garage , barn, stable or other accessory permitted structure nearest each sideline there shall be provided a side yard of at least 15 feet in width and no building or structure shall be moved , altered , re- constructed , enlarged or rebuilt in such districts so that a side yard less in width shall result. No lot in R.1 or R.2 Districts , upon which is located any dwelling or other permitted structure and accessory structures or for which a building permit has issued and is still outstanding, shall be subdivided and reduced so that said lot shall have a lot frontage and area less than, or side yards and street setback less than , the minimum required. Nor shall any lot in said Districts , upon which permitted structures have been erected or moved oribr which a building permit has issued and is still outstanding, be subdivided in any manner unless said structure shall retain the required frontage , area, side yard , and street depth upon a street or highway existing at the time of erection or moving thereon or a street constructed thereafter in accordance with existing Town Laws. No land conveyed , devised , or otherwise transferred that violates the restrictions on subdivisions of lots herein set forth shall be included in determining the frontage and area of any other lot , and the building inspector, or other person authorized to issue permits to erect or move structures thereon, shall not issue a permit unless said other lot contains the required frontage and area exclusive of land transferred in violation of the restrictions per- taining to subdivisions. The provisions of this section pertaining to side- _ yards only shall not apply to lots of less than 100-foot frontage duly recorded by plan or deed at the timetais By- Law is adopted. However , on such lots there shall be prov- ided on the side of each dwelling, garage , barn, stable or other accessory permitted structure nearest each side line a side yard, as follows: On lots recorded previous to July 19, 1929 the side yard shall be at least 7.5 feet in width and on lots recorded after July 19, 1929, but before October 6, 1938 the side yard shall be at least 10 feet in width ; and on lots recorded after October 6, 1938 and prior to the adoption of this amendment the side yard shall be at least 15 feet in width." In Favor Opposed 37 Charles M. Blake 2 89 William F. Downe 14 29 Tracey W. Ames 2 155 18 Carried 10:35P. M. n Clerk 220 Lexington, Mass. June 20, 1947 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 37 as passed at the Adjourned Town Meeting held March 24, 1947 and as same appears on record. Town -rk Boston , Mass. March 12, 194$ The foregoing amendment to zoning by-law is hereby approved. (Signed) Clarence A. Barnes Attorney General March 22, 194$ Special Election of Town Meeting Members , Precinct 2, March 22, 1945, for the election of one Town Meeting Member for a term of one year, ending in March, 1949, to fill the vacancy caused by the death of Matthew Stevenson. Meeting called to order by James J. Carroll, Town Clerk, at 7:45 P. M. There were thirty-seven Town Meeting Members present . Tracy W. Ames was elected Cnairman of the Meeting. James J. Carroll was elected Clerk of the Meeting. Nominations were made from the floor for Edmund J. Costello and Charles E. Scribner, which were both duly seconded. Written ballots were taken witn the following results: Charles E. Scribner 25 Edmund J. Costello - 12 Charles E. Scribner was duly elected to fill the vacancy. • IP, Town C -rk Lexington , Mass. March 22, 1945 I , Charles E. Scribner, do hereby accept my election as a Town Meeting Member, Precinct Two , for a term ending March , 1949. (Signed) Charles E. Scribner