HomeMy WebLinkAbout1948-03-22- to-1948-03-29-ATM-min 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
221
(See Warrant Book - Page
ADJOURNED TOWN MEETING HELD MARCH 22, 1948
Meeting called to order by Moderator, Robert H. Holt at 8:02 P. M.
There were 192 Town Meeting Members present.
James J. Carroll, Town Clerk , read the Warrant for the Meeting
until further reading was waived upon a motion, duly carried, by
Donald E. Nickerson.
The Town Clerk , James J. Carroll, read the Constable's Retrn.
8:03 P. M.
Article 2. Lewis L. Hoyt , Chairman of Appropriation Committee , presented
Appropriation Committee's "Report which was voted tote
accepted and placed on file . 8:04 P. M.
Article 2. Chairman Selectmen, William C. Paxton, presented "Temporary
Recreation Cdmmission Report" which was voted to be accepted
and placed on file . 8:05 P. M.
Article 2. George P. Wadsworth presented "Report of the Elementary
School Building Committee" which was voted to be accepted
and placed on file . 8:05 P. M.
William C. Paxton makes motion that Recreation Committee be
appointed. 'Carried 8:07 P. M.
William C. Paxton moves the appointment of the Committee for
Cary Lectures be placed on table. Carried 8:07 P. M.
William C. Paxton presents Article 3 .
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 , 1949 , and to issue
a note or notes that may be given for a period of less
than one year.
Carried Unanimously 8:08 P. M.
Article 5. Presented by H. Webster Thomas.
VOTED: to authorize the School Committee to proceed with
the remodelling and repairing of the Hancock School, sub-
stantially in accordance with tentative plans submitted by
the School Committee and recommended by them, by completing
said plans and specifications and letting contracts ; and that
for the purpose of this remodelling and repairing the sum of
$125 ,000.00 be appropriated and that of this amount ,
$30 ,000.00 be appropriated and assessed and $95 ,000.00 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 $95 ,000.00 and to
issue bonds or notes of the Town therefor, to be payable in
not more than ten years in accordance with the provisions
of General Laws , Chapter 44 as amended by Chapter 207 , Acts
of 1947.
Motion by Ernest Cutter for Indefinite Postponement . 8:28 P. M.
Motion for Indefinite Postponement Lost 8:29 P. M.
Main motion voted upon as follows:
In Favor Opposed
34 George H. Anker 7
92 Paul Hanson 6
38 Tracy W. Ames 0
164 13
Carried 8:35 P. M.
222
Article 52. Presented by Richard P. Cromwell.
VOTED : To establish a Planning Board of six members under
General Laws , Chapter 41 , Section 81A as enacted by
Section 4 of Chapter 340 of the Legislative Acts
of 1947.
Motion by Paul J. McCormack as follows :
"I move as follows :
That the proposal contained therein be referred to a comm-
ittee for further study and report at a subsequent Town Meeting,
such committee to be appointed by the Selectmen, to include the
Town Counsel and be five in number."
Motion by Paul J. McCormack as presented declared lost. 8: 51 P.M.
Main motion as presented carried 9:01 P. M.
Article 53. Presented by Richard P. Cromwell.
VOTED : That the members of the Planning Board now in
office shall serve as members of the Planning Board
established by General Laws , Chapter 41 , Section 81A as
enacted by Section 4 of Chapter 340 of the Legislative
Acts of 1947 until the next Annual Town Meeting.
Carried 9:04 P. lq.
Article 54. Presented by Edwin B. Worthen, Jrn.
VOTED : That the sum of $3500.00 be appropriated and
assessed to be expended by the Planning Board established
under General Laws , Chapter 41 , Section 81A as enacted
by Section 4 of Chapter 340 of the Legislative Acts of
1947, for carrying out the provision of Sections 73 to
81Y of said Chapter 41.
Carried Unanimously 9:09 P. M.
William C. Paxton moves take up Article 4 'which was presented
by the Moderator.
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 1,010.00
Carried Unanimously 9:20 P. M.
Selectmen's Department
Personal Services 6,038.64
Expenses (This includes $500 for the 2,319.00
Recreation Committee )
Carried Unanimously 9:20 P. M.
Accounting Department
Personal Services 7 ,424.67
Expenses 800.00
Carried Unanimously 9:21 P. M.
Treasurer's Department
Personal Services 1,256.00
Expenses 589.24
Carried Unanimously 9:22 P. M.
Collector's Department
Personal Services 3 ,650.67
Expenses 1,750.00
Carried Unanimously 9: 22 P. M.
223
Article 4. Assessors ' Department
(Cont . )
Personal Services $10,637.50
Expenses 2,145.00
Amendment by Archibald R. Giroux: Personal Services
to read $10,637 .50, of which $10,000.00 be transferred
from Excess and Deficiency Account, balance to be
assessed.
Amendment as presented accepted and voted at 9: 28 P.M.
Expenses voted: $2,145 .00 9:29 P . M.
Law Department
Personal Services 2,000.00
Expenses 425.00
Special Fees 1,500.00
Carried Unanimously 9:29 P. M.
Town Clerk 's Department
Personal Services 1,969.30
Expenses 160. 50
Carried Unanimously 9:30 P. M.
Elections Department-Jurisdiction Selectmen
Expenses 3 ,143.00
Carried Unanimously 9:30 P. M.
Elections Department-Jurisdiction Town Clerk
Expenses 607. 56
Carried Unanimously 9:30 P. M.
Registration Department
Personal Services 648.52
Expenses 724.00
Carried Unanimously 9:31 P. M.
Public Works - Superintendent 's Office
Personal Services 20,820.77
Expenses 475.00
Amendment by Archibald R. Giroux: Personal Services
to read $20 ,820.77, of which $10,000.00 be transferred
from Excess and Deficiency Account, balance to be
assessed.
Amendment as rresented accepted and voted at 9:32 P.M.
Expenses voted: $.475.00 9:33 P. M.
Town Offices & Cary Memorial Building
Personal Services 7 ,021.31
Expenses 9, 500.00
Carried Unanimously 9:33 P. M.
Engineering Department
Personal Services 17 ,813.73
Expenses 1,015.00
Amendment by Archibald R. Giroux: Personal Services
to read $17 ,813 .73 , of which $10,000.00 be transferred
from Excess and Deficiency Account, balance to be
assessed.
Amendment as presented accepted and voted at 9:34 P.M.
Expenses voted: $1,015.00 9:35 P. M.
224
P71
Article 4. Board of Appeals
(Cont , )
Expenses $ 600.00
Carried Unanimously 9:35 P. M.
Planning Board
Expenses 14200.00
Carried Unanimously 9:36 P. M.
Police Department
Personal Services 65 ,138.40
Expenses 6,237.00
Carried Unanimously 9:36 P . M.
Fire Department
Personal Services 71,065.67
Expenses 12,095.00
Carried Unanimously 9:37 P. M.
Building & Plumbing Department
Personal Services 4,700.00
Expenses 780.00
Carried Unanimously 9:37 P. M.
Wire Department
Personal Services 942.19
Expenses 185.00
Carried Unanimously 9:37 P. M.
Weights & Measures Department
Personal Services 590.63
Expenses 285.00
Carried Unanimously 9:38 P . M.
Insect Suppression
Personal Services 495 .00
Wages & Expenses 4,468.00
Carried Unanimously 9:38 P . M.
Shade Trees
Wages & Expenses 7 ,500.00
Carried Unanimously 9:39 P. M.
Forest Fires
Personal Services 50.00
Wags & Expenses 500.00
Carried Unanimously 9:39 P. M.
Dog Officer
Personal Services 112.50
Expenses 100.00
Carried Unanimously 9:39 P . M.
Health Department
Personal Services 700.00
Expenses 4,330.00
Carried Unanimously 9:40 P. M.
Milk Inspector
Personal Services 450.00
Carried Unanimously 9:40 P. M.
225
Article 4. Dog Clinic
(Cont . )
Expenses $ 389.00
Carried Unanimously 9:40 P. M.
Dental Clinic
Personal Services 2 ,000.00
Expenses 100.00
Carried Unanimously 9:40 P. M.
Posture Clinic
Expenses 625.00
Carried Unanimously 9:41 P. M.
Vital Statistics
Expenses 25.00
Carried Unanimously 9:41 P. M.
Animal Inspection
Personal Services 562.50
Carried Unanimously 9:41 P. M.
Slaughtering Inspection
Personal Services 900.00
Carried Unanimously 9:41 P. M.
- Sewer Maintenance
Wages & Expenses 6,460.00
Carried Unanimously 9:41 P. M.
Sewer Maintenance
Services 20,000.00
Carried Unanimously 9:41 P. M.
Drainage Construction
Sundry Streets 10,000.00
Carried Unanimously 9:42 P. M.
Garbage Collection
Expenses 9,900.00
Carried Unanimously 9:42 P. M.
Care of Dumps & Removal of Ashes
Wages & Expenses 4, 525.00
Carried Unanimously 9:42 P. M.
Public Works Building
Wages & Expenses 14,000.00
Carried Unanimously 9:42 P. M.
Highway Maintenance
Wages & Expenses 52,500.00
Amendment by Archibald R. Giroux: Wages and Expenses
to read $52,500.00, of which $10,000.00 be transferred
-from Excess and Deficiency Account , balance to be
assessed.
Amendment as presented accepted and voted at 9:43 P.M.
226
Article 4. Highway Department Road Machinery
(Cont . )
Expenses $20,000.00
(This amount to be transferred from
the Road Machinery Fund)
Carried Unanimously 9:43 P. M.
Snow Removal
Wages & Expenses 65,000.00
Carried Unanimously 9:44 P. M.
Traffic & Regulation & Control
Expenses. 2,500.00
Carried Unanimously 9:44 P. M.
Street Li- its
Expenses $27 ,000.00 1:00 A. M.
Carried Unanimously 9:45 P. M.
Street Signs
Expenses 1, 500.00
Carried Unanimously 9:45 P. M.
Public Welfare Department
Personal Services 835.43
Administration 80.00
Aid & Expenses 22,000.00
Carried Unanimously 9:46 P. M.
Dependent Children Aid
Administration 40.00
Aid & Expenses 10,000.00
Carried Unanimously 9:46 P. M.
Old Age Assistance
Personal Services 5,893.56
Administration 680.00
Aid & Expenses 60,000.00
Carried Unanimously 9:46 P. M.
Veterans' Services
Personal Services 1,046.67
Benefits 2,000.00
Carried Unanimously 9:46 P. M.
Soldiers' Burials
Expenses 200.00
Carried Unanimously 9:46 P. M.
Sdtool _Maintenance
Personal Services 365,562.35
Expenses 80,000.00
Americanization Classes 203 .00
Vocational Education - Tuition 2,965.00
Handicraft Classes 1,670.00
Carried Unanimously 9:47 P. M.
Cary Memorial Library
Personal Services 18,769.74
Expenses 6,264.39
(In addition to the amount of 82,035.61
received from the County for Dog Licenses
Carried Unanimously 9:51 P. M.
227
Article 4. Parks & Playgrounds
( Cont. )
Personal Services $4,685.00
Wages & Expenses 21,000.00
Carried Unanimously 9: 51 P. M.
Contributory Retirement System
Pension Accumulation Fund 19,033. 52
Carried Unanimously 9: 52 P. M.
Board of Retirement
Expenses 150.00
Carried Unanimously 9: 52 P. M.
Patriots' Day
Expenses 1,500.00
Carried Unanimously 9: 54 P. M.
Memorial Day
' Expenses 250.00
Carried Unanimously 9: 54 P. M.
Insurance
Premiums 9,800.00
Carried Unanimously 9: 55 P. M.
Prihting Town Report
Expenses 1,200.00
Carried Unanimously 9: 55 P. M.
Ambulance Maintenance
Expenses 250.00
Carried Unanimously 9: 55 P. M.
Administration Trust Funds
Expenses 100.00
Carried Unanimously 9: 55 P. M.
Unclassified
Expenses 250.00
Carried Unanimously 9: 55 P. M.
Water Maintenance
Wages & Expenses 27 ,310.00
Carried Unanimously 9: 56 P. M.
Water Services
'Wages & Expenses 24,000.00
Carried Unanimously 9: 56 P. M.
Cemetery Maintenance - Munroe
Personal Services 350.00
Wages & Expenses 5 ,000.00
($6,000 less $1,000 which is to be
transferred from the Income Trust
Fund - Munroe Cemetery)
Carried Unanimously 9: 59 P. M.
228
Article 4. Cemetery Maintenance - Westview
(Cont . )
Personal Services $ 687.50
Wages & Expenses 9,500.00
(apxo less $500 which is to be trans-
ferred from the Income Trust Fund -
Westview Cemetery )
Carried Unanimously 10 P. M.
Capital Outlay 3 ,500.00
To be transferred from the Westview
Sale of Lots Fund
Carried Unanimously 10:01 P. M.
Interest on Debt
Interest 6, 521.25
Carried Unanimously 10:02 P. M.
AND FURTHER VOTED : That the following amounts
be appropriated :
Maturing Debt 109,000.00
Of which $30 ,000 is to be transferred
from the Water Department Available
Surplus Fund; $2,462.25 to be transferred
from Premium on Loans and the balance of
$76, 537,75 to be raised by direct appropriation
Carried Unanimously 10:03 P. M.
Article 6.. VOTED : to raise and appropriate $500,000.00 for the con-
struction and original equiping and furnishing of a new
elementary school building on land acquired by the Town for
Presented school purposes on December 16, 1947, substantially in
by accordance with the plans submitted at this meeting by the
H. Webster. School Committee ; and to meet said appropriation tht the
Thomas Treasurer, with the approval of the Selectmen , be and he
hereby is authorized to borrow $500,000.00 and to issue
bonds or notes of the Town therefor payable in not more
than twenty years, in accordance with the provisions of
Chapter 186 of the Acts of 1947. The School Committee is
authorized to enter into a contract or contracts for the
construction, equiping and furnishing of said buildng and
the Moderator is hereby authorized and directed to appoint
an Elementary School Building Committee of five to have
supervision of the construction, furnishing and equiping of
the School Building.
Carried Unanimousoly 10:22 P. M.
Article 7. Presented by H. Webster Thomas
VOTED: To authorize the School Committee to contract for
the purchase and installation of oil burning equipment in
the Junior*Senior High School building and for that purpose,
the sum of $12 ,000.00 is appropriated to be provided by a
transfer from the Excess and Deficiency Account .
_ _ Carried Unanimously 10:25 P. M.
Article 8. VOTED : That the sum of $300.00 be appropriated and
assessed to pay the necessary expenses of School Officers
Presented - incurred outside the Commonwealth in securing information
by upon matters in which the Town is interested or which may
H. Webster tend to improve the service in the School Department.
Thomas Carried Unanimously 10:26 P. M.
Motion by Eugene T. Buckley: Meeting be adjourned for one week.
Motion for adjournment lost 10:27 P. M.
Article 9. William C. Paxton moves for Indefinite Postponement .
Indefinite Postponement Carried 10:27 P. M.
229
Article 10. William C. Paxton moves for Indefinite Postponement .
Indefinite Postponement Carried 10:27 P . M.
Unless otherwise noted, all articles presented by William C. Paxton,
Article 11. VOTED: That the following amount be appropriated and
assessed for'the unpaid bills, for the year 1947-, of the
following account:
Board of Health Dr. Howard W. Newell $ 45.00
Public Works Dept . Hedge & Mattheis Co. 850.00
Carried Unanimously 10:28 P. M.
Article 12. VOTED : That the sum of $15,000 be appropriated and
assessed for the Reserve Fund.
Carried Unanimously 10:29 P. M.
Article 13 . VOTED: That the Board of Selectmen be authorized to pet-
ition the Director of Accounts of the State for an audit
for the year 1948.
Carried Unanimously 10:29 P. M.
Article 14. VOTED : That the Selectmen be and they hereby are authorized
to install water mains not less than six inches but less
than sixteen inches in diameter in such accepted or unaccepted
streets as may be applied for during the year 1948, subject
to the assessment of betterments, and to take by eminent
domain or otherwise acquire any land or easements necessary
therefor, and to appropriate therefor the sum of $250,000.00,
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 $250 ,000.00, and to issue bonds or notes
of the Town payable, in accordance witn the provisions of
General Laws, Chapter 44, within a period not exceeding
fifteen years.
Carried Unanimously 10:30 P. M.
Article 15. VOTED : That the Selectmen be and they hereby are authorized
to install sewer mains in such accepted or unaccepted
streets as may be applied for during the year 1948 in
accordance with Chapter 504 of the Acts of 1897 and all
acts in amendment thereof and in addition thereto , or
otherwise , and to take by eminent domain or otherwise
acquire any land or easements necessary therefor, and to
appropriate therefor the sum of $92 ,000.00 of which
$7 ,000.00 is to raised by direct assessment , and the
balance of 885 ,000.00 is to be riased 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 $85 ,000.00, and to issue bondsor
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 10:32 P. M.
Article 16. VOTED : That the sum of $1,500.00 be appropriated Thr
the purchase of a new cruising car for the Police Department
and to provide for the payment thereof by a transfer of
$1,500.00 from the Excess and Deficiency Account.
Carried Unanimously 10:33 P. M.
Article 17. VOTED : That the following sums be appropriated and
assessed for pensions for retired members of the Police
and Fire Depqrtments , under Chapter 32 of the General
Laws as amended:
Police Pensions $1,500.00
Fire Pensions 5 ,400.61
Carried Unanimously 10:33 P. M.
2 30
r-11
Article 18. VOTED: That the sum of $1,400.00 be appropriated 2r the
purchase of a truck chassis for the Fire Department, and c7)
to provide for the payment thereof by a transfer of
$1 ,400.00 from the Excess and Deficiency Account.
Carried Unanimously 10:34 P. M.
Article 19. Moved to be Indefinitely Postponed.
Indefinite Postponement Carried 10:34 P. M.
Article 20. VOTED : That the sum of $2,000.00 be appropriated and
assessed for highway maintenance under authority of Chapter
90 of the General Laws; said sum or any portion 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 10:35 P. M.
Article 21. VOTED: That the sum of $5,000.00 be appropriated and
assessed for the construction of Grove Street; said sum,
or any portion 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 or County or
both, for -that purpose.
Carried Unanimously 10:36 P. M.
Article 22. VOTED: That the Selectmen be and they hereby are auth-
orized to construct cement or bituminous concrete
sidewalks , at such locations as they shall determine ,
where the abutting owner pays one-half of the cost, and
to appropriate and assess therefor the sum of $1500.00.
Carried Unanimously 10:37 P. M.
Article 23 . VOTED : That the Selectmen be and they hereby are auth-
orized to construct curbings at such locations as they
may determine and "to appropriate and assess therefor the
sum of $2,000.00.
Carried Unanimously 10:37 P. M.
Article 24. VOTED: That the sum of $2,000.00 be appropriated and
assessed for the eradication of mosquitoes under Section
4A of Chapter 252 of the General Laws.
Carried Unanimously 10:38 P. M.
Article 25. VTED : 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 10:39 P. M.
Article 26. VOTED : That the Selectmen be and they hereby are author-
ized to appoint one of their members to the Board of Appeals ,
in accordance with General Laws, Chapter 41 , Sectinn 4A.
Carried Unanimously 10:39 P . M.
Article 27. VOTED: That the Selectmen be and they hereby are author-
ized to install street lights in such unaccepted streets
as they may determine during the year 1948.
Carried Unanimously 10:40P. M.
Article 28. VOTED : That the sum of $21 , 500.00 be appropriated for
the purchase of equipment for the Department of Public
Works , and to provide for the payment thereof by a
transfer of $21 , 500.00 from the Road Machinery Fund.
Carried Unanimously 10:40 P. M.
Article 29. VOTED : That the Town accept Chapter 265 of the Acts of
1947, authorizing the closing of public offices in cities
and towns on Saturdays.
Declared Lost by Voice Vote 10:40 P. M.
231
Article 30. VOTED : That the, sum of $23 ,000.00 be appropriated a
supplementary construction appropriation to be used in
conjunction with money already appropriated for the con-
struction of sanitary sewers in that part of North Lexington
as shown on a set of plans in the office of the Town
Engineer, and to provide for the payment thereof by a trans-
fer of $23 ,000.00 from the Excess and Deficiency Account .
Carried Unanimously 10:41 P. M.
Article 31. VOTED : That the Selectmen be and they hereby are atlor-
ized, under such regulations and conditions as they shall
determine , to use Town equipment and furnish materials
and labor for temporary repairs on unaccepted streets
in the Town upon application .of the abutters and upon
agreement of the abutters to pay the total cost for such
service.
Carried Unanimously 10:45 P. M.
Article 32. VOTED : To establish the salary and compensation of the
Town Treasurer, Town Clerk and Town Collector of Taxes
as follows :
Town Treasurer $1,458.91
Town Clerk 2,242,12
Town Collector of Taxes 3 ,750.00
and that to provide for the payment thereof the sum of
$7,451.03 is to be appropriated and assessed.
Carried Unanimously 10:46 P. M.
Article 33 . VOTED: That payments or liability for payments of snow
removal in 1947, due to an extreme emergency involvihg
the safety of persons and property, as voted unanimously
by the Selectmen under authority of General Laws , Chapter
44, Section 31 , be and they hereby are ratified and
approved and that the sum of $12 ,343.68 be appropriated
and assessed therefor.
Carried Unanimously 10:47 P. M.
Article 34. VOTED: That the sum of $1,000.00 be appropriated and
assessed for the settlement of damages arising out of the
taking by eminent domain for highway pusposes of approximately
49,600 square feet of land belonging to James J. Murphy and
Bertha J. Murphy by order of the County Commissioners ,
dated December 6, 1946.
AND FURTHER VOTED : That the Selectmen be and they1Breby
are authorized to enter into an agreement with James J.
Murphy and Bertha J. Murphy to set back at the expire of
the Town a stone wall on land taken from said Murphys by
eminent domain for highway purposes to the remaining land
of said Murphys , if and when the land on which the said
wall now rests, is required for the construction of
Grove Street .
Carried Unanimously 10:48 P. M.
Article 35, VOTED : That the sum of $200.00 be appropriated and
assessed for the settlement of damages arising out of the
taking by eminent domain for highway purposes of approx-
imately 21 ,450 square feet of land belonging to Ernest B.
Johnson, Jr. by order -of the County Commissioners, dated
December 6, 1946.
Carried Unanimously 10:48 P. M.
Article 36. VOTED: That the sum of 4500.00 be appropriated and
assessed for the settlement of damages arising out of the
taking by eminent domain for highway purposes of approxi-
mately 7 ,300 square feet of land belonging to Owen M.
McDevitt , et als , by order of the County Commissioners,
dated December 6, 1946.
Carried Unanimously 10:49 P. M.
232
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Article 37 . VOTED : That the sum of $1,432.33 be appropriated and t7.7,J
assessed for the settlement of damages arising out of
the taking by eminent domain for highway purposes of
approximately 12,500 square feet of land belonging to
George W. Sarano and Helen B. Sarano by order of the
County Commissioners , dated May 14, 1946.
Carried Unanimously 10: 50 P. M.
Article 38. VOTED: That the sum of $1,500.00 be appropriated and
assessed for the settlement of damages arising out of
the taking by eminent domain for highway purposes of
approximately 8,500 square feet of land belonging to
Thomas A. Napoli by order of the County Commissioners ,
dated May 14, 1946.
Carried Unanimously 10: 50 P. M.
Article 39 . VOTED : That the sum of $1,100.00 be appropriated and
assessed for the settlement of damages arising out of
the taking by eminent domain for highway purposes of
approximately 8,700 square feet of land belonging to
Marie A. Miller by order of the County Commissioners ,
dated May 14, 1946.
Carried Unanimously 10: 51 P. M.
Clarence E. Smith moves that Meeting be Adjourned for one week,
Monday, March 29, 1948, 8 P. M.
Motion Carried at 10: 52 P. M.
TownXerk
SECOND ADJOURNED TOWN MEETING - MARCH 29, 194
Meeting called to order by Robert H. Holt , Moderator 8:03 P. M.
There were 176 Town Meeting Members present.
Article 2. Chairman, William C. Paxton presents the following:
VOTED : That the following resolution be and it hereby is
adopted.
RESOLUTION
WHEREAS , Robert H. Holt, Esquire was first elected Mod-
erator of the Town of Lexington on March 3 , 1924, and
WFEREAS, he was re-elected to said office annually there-
after up to and including the year 1948, and
WHEREAS, he has continuously served the Town of Lexing-
ton as Town Moderator for a period of twenty-five years in
a most capable , highly efficient and ever-gracious manner,
NOW, THEREFORE, BE IT RESOLVED That the citizens of the
Town of Lexington in town meeting assembled, do hereby pay
tribute to their esteemed fellow citizen , Robert H. Holt,
Edquire , in recognition and appreciation of his years of
outstanding service to the Town of Lexington , and
BE IT FURTHER RESOLVED That this Resolution be spread
on the permanent records of the Town of Lexington .
Said Resolution accepted by Town Meeting Members and placed on
file. 8:05 P. M.
233
Article 2. Presented by William C. Paxton.
c. 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 8:06 P. M.
Article 2. Charles G. Davis presents Report of Progress - High School
Planning Committee.
Voted to be accepted and placed on file 8:07 P. M.
Unless otherwise noted , all articles presented by Chairman,
William C. Paxton.
Upon vote of Town Meeting, there were no objections in taking
up Articles 40, 41 and 42 together. 8:08 P. M.
Article 40 , VOTED : That the Selectmen be and they hereby are author-
ized to construct or contract for the construction of san-
itary sewers in that part of Lexington known as North
Branch Vine Brook, as shown on a set of plans in the office
of the Town Engineer, and to take by eminent domain or
otherwise acquire any easement or other interest in land
necessary therefor.
Carried Unanimously 8:38 P. M.
Article 41 , VOTED: That the Selectmen be and they hereby are author-
ized to construct or contract for the construction of san-
itary sewers in that part of Lexington known as South
Branch Vine Brook, as shown on a set of plans in the
office of the Town Engineer, and to take by eminent domain
or otherwise acquire any easement or other interest in
land necessary therefor.
Carried Unanimously 8:39 P. M.
•
Article 42. VOTED: That the Selectmen be and they hereby are author-
ized to construct or contract for the construction of san-
itary sewers in that part of Lexington from Mill Brook to
Rindge Avenue , as shown on a set of plans in the office of
the Town Engineer, and to take by eminent domain or other-
wise acquire any easement or other interest in land nec-
essary therefor.
Carried Unanimously 8:40 P. M.
Articles 40-42 inclusive
VOTED : To appropriate for the purposes of sewer construction
and land acguisiton enumerated in Articles 40, 41 and 42,
the sum of 4275 ,000.00 and to provide for the payment
thereof by the issuance of bonds or notes of the Town in
the amount of $275 ,000.00 and that the Town Treasurer, with
the approval of the Selectmen, be and he hereby is auth-
orized to borrow the sum of 4275 ,000.00 and to issue bonds
or notes of the Town payable in accordance with the prov-
isions of General Laws , Chapter 44, within a period not
exceeding twenty-five years.
Motion made by Harold B. Lamont :
Said bonds or notes of the Town payable in accordance with the
provisions of General Laws, Chapter 44, within a period not exceeding
thirty years.
Motion to amend Carried 8: 44 P. M.
Articles 40-42 inclusive
VOTED : To appropriate for the purposes of sewer construction
and land acquisition enumerated in Articles 40, 41 and 42,
the sum of '4275,000.00 and to provide for the paymat thereof
by the issuance of bonds or notes of the Town in the amount
of 275,000.00 and that the Town Treasurer , with the approval
of the Selectmen , be and he hereby is authorized to borrow
the sum of 4275 ,000.00 and to issue bonds or notes of the
Town payable in accordance with the Provisions of General
Laws, Chapter 44, within a period no exceeding thirty years.
uarried Unanimously 3:45 P. M.
234
pwri
Article 43. VOTED : That the Selectmen be and they hereby areauthor-
ized to enter into an agreement for the acquisition, in-
stallation and maintenance of parking meters in locations
to be determined by the Board of Selectmen .
Motion made by Leon W. Bateman:
"I move that the parking problem be referred to the Planning
Board for further study to report to the next Town Meeting."
Amendment as presented Carried Unanimously 9:03 P. M.
Article 43 as amended Carried Unanimously 9:03 P. M.
Article 44. VOTED : That the relocation by the Board of Selectmen of
Massachusetts Avenue from Edison Way to the Police
Station Driveway, as shown on a plan dated February 4,
1948, and filed in the office of the Town Clerk , be
accepted and that the sum of ;t4,400.00 be appropriated
and assessed to pay for the construction of said street
as so relocated.
Carried Unanimously 9:04 P. M.
Article 45 . VOTED : That the sum of $7 ,900.00 be appropriated and
assessed for the widening of the southeasterly side of
Waltham Street from Massachusetts Avenue to Vine Brook
Road as shown on a plan of Waltham Street , Lexington,
Massachusetts, dated July, 1925 , by Clarence B. French,
Town Engineer, and in compliance with the order of the
County Commissioners , dated August 3 , 1925.
Carried Unanimously 9:24 P. M.
Article 46. VOTED : That the Board of Selectmen be and they hereby are
authorized to sell and convey to Boston Edison Company, on
such terms as they shall determine , a perpetual easement
for the purpose of erecting , constructing, repairing,
operating and inspecting transmission lines for the trans-
mission of high and low voltage electric current and
necessary lines for ground wire attachments and telephone
and signal purposes over , across and upon a strip of land
250 feet in width lying beneath the surface of Butter-
field's Pond under the provisions of Chapter 263 of the
Legislative Acts of 1926.
Carried Unanimously 9:26 P. M.
Article 47 . Presented by William Roger Greeley
VOTED : To adopt the following resolution :
RESOLUTION
Whereas , Modern science has now produced means by which
mankind can destroy itself; and
Whereas , the United Nations was created as an instrument
to preserve peace and its charter is capable of amendment
so as to make it effective for the maintenance of world
order; and , Whereas , the People of Lexington have since
1713 been happy to delegate certain functions of government
to their town government , other functions to their State
government , and still other functions to their national
government , and are now entirely willing to delegate
further limited functions of government to a world
government for the purpose of maintaining peace ;
Now, Therefore , Be it Resolved , by the people of Lexing-
ton, Massachusetts , in Town Meeting assembled, that they
call upon their representatives in the Congress in the
Executive Department of the United States , and in the
United Nations , to take note of these truths and forth-
with to take such steps as may be necessary to have our
delegates to the United Nations present or support amend-
ment to the Charter for the purpose of making the United
Nations into a world government capable of enacting,
interpreting, and enforcing world law to prevent war.
Carried Unanimously 9:30 P. M.
235
Article 47. Presented by William Roger Greeley.
March 29, 1948
RESOLUTION ADOPTED UNDER ARTICLE 47 OF THE WARRANT FOR THE
MARCH , 1948, TOWN MEETING
WHEREAS, the United Nations was created as an instrument
to preserve peace and its charter is capable of amendment
so as to make it effective for the maintenance of world
order ; and ,
WHEREAS, disarmament and world peace can only be achieved
by world order, world law and some measure of world gov-
ernment ; and,
WHEREAS, the people of Lexington have since 1713 been
happy to delegate certain functions of government to their
town government , other functions to their state government
and still other functions to their national government
and are now eilling to delegate further limited functions
of government to a world government for the purpose of
maintaining peace;
NOW THEREFORE BE IT RESOLVED , by the people of Lexington,
Massachusetts , in Town Meeting assembled , that they call
upon their representatives in the Congress , in the Execu-
tive Department of the United States and in the IhntBd
Nations , to take note of these truths and forthwith to
take such steps as may be necessary to have our delegates
to the United Nations present or support amendment of the
Charter for the purpose of constituting the United Nations
a world government capable of enacting, interpreting, and
enforcing world law to prevent war: and ,
BE IT FURTHER RESOLVED, that a copy of this Resolution be
transmitted to both Senators from Massachusetts, the
Congressman from the fifth Congressional District,the
President of the United States , the Secretary of State
and the United States representatives in the United
Nations,
Carried Unanimously 9:30 P. M.
Article 48. VOTED : That the Town amend Section 39 of Article XXIV of
the General By-laws of the Town of Lexington by adding
thereto the following section to be known as Section 39A:
"No person shall without a written permit from the Board
2 of Selectmen or the Chief of Police and a written permit
from the owner or occupant of land fire or discharge any
rifle, air-rifle or pistol on or across any land within the
confines of the Town , but this section shall not prevent
the use of such firearms in the lawful defense and protec-
tion of one's person or other human being or property, nor
to veterinarians in the practice of their profession, nor
in the performance of any duty required or authorized by
law, nor to members of the Police Department in carrying
out their duties and for target practice upon ranges first
duly approved by the Chief of Police.
Any person desiring to discharge said firearms or at'-
rifles must first obtain a written permit specifying the
locus from the owner or occupant of the land upon ad across
which one desires to discharge said firearms or air-rifles ,
said permit shall then be presented to the Board of Sel-
ectmen or to the Chief of Police and if the discharge of
the' above firearms or air-rifles upon and across the locus
specified does not , in the opinion of the Board of Sel-
ectmen or the Chief of Police , endanger the safety of
persons or property of others, the Board of Selectmen or
the Chief of Police shall issue a written permit to allow
such discharge and impose such safetyconditions or
precautions as they deem necessary."
236
Article 48. In Favor Opposed
(Cont . )
42 Richard E. Rowse 1
94 Paul Hanson 2
35 Harold F. Lombard 0
171 3 •
Carried 9:38 P. M.
Article 49, VOTED: That the Selectmen be and they hereby are author-
ized to enter into a contract with a firm of expert real
estate appraisers for the revaluation of all real property
in the Town and for the submission of a report to the Board
of Assessors, and to appropriate and assess therefor the
sum of $25,000.
Lost 9: 50 P. M.
Article 50 . VOTED : That the Board of Selectmen be and they hereby are
authorized to prepare and publish comparative values of
the real estate in the Town and to appropriate and assess
therefor the sum of $2,000.00.
Lost 9: 50 P. M.
Article 51 . VOTED : That the Board of Selectmen be and they hereby
are authorized and directed to petition the LegisIture
for authority to expend a sum not in excess of $10,000.00
for necessary alterations in Buckman Tavern,
Carried Unanimously 10 P. M.
Article 55. Moved to be Indefinitely Postponed.
Indefinite Postment Carried 10:01 P. M.
Article 56. Moved to be Indefinitely Postponed.
Indefinite Postponement Carried 10:01 P. M.
Article 57. Moved to be Indefinitely Postponed.
vr4
Indefinite Postponement Carried 10:02 P. M.
Article 58 . VOTED : That an additional sum of $10,000.00 be approp-
riated to be used in conjunction with money already Li
appropriated for the construction of streets established
as town ways by vote of the Town on March 31, 1947, and
on September 22, 1947 , and to provide for the payment
thereof by a transfer of $10 ,000.00 from the Excess and
Deficiency Account.
Carried Unanimously 10:03 P. M.
Article 59. Motion by Harold B. Lamont for Indefinite Postponement.
Indefinite Postponement Carried 10:04 P. M.
Meeting dissolved at 10:05 P. M.
je/
Town C rk
255
Approval of Article 48 as passed at the Adjourned Toon Meeting
held March 29 , 1948, by Attorney General , Clarence A. Barnes.
Article 4$. VOTED: That the Town amend Section 39 of Article XXIV
of the General By-laws of the Town of Lexington by adding
thereto the following section to be known as Section 39A:
"No person shall without a written permit from the Board
of Selectmen or the Chief of Police and a written permit
from the owner or occupant of land fire or discharge any
rifle, air-rifle or Ristol on or across any land within
the confines of the lawn, but this section shall not
prevent the use of such fire arms in the lawful defense
and protection of one t s person or other human being or
property, nor to veterinarians in the practice of their
profession , nor in the performance of any duty required
1 or authorized by law, nor to members of the Police De-
partment in carrying out their duties and for target
practice upon ranges first duly approved by the Chief
of Police.
Any person desiring to discharge said firearms or air-
rifles must first obtain a written permit specifying the
locus from the owner or occupant of the land upon and
across which one desires to discharge said firearms or
air-rifles , said permit shall then be presented to the
Board of Selectmen or to the Chief of Police and if the
discharge of the above firearms or air-rifles upon and
across the locus specified does not , in the opinion of
the Board of Selectmen or the Chief of Police , endanger
the safety of persons or property of others,
the Board of Selectmen or the Chief of Police shall issue
a written permit to allow such discharge 'and impose such
safety conditions or precautions as they deem necessary."
In Favor Opposed
42 Richard E. Rowse 1
94 Paul Hanson 2
35 Harold F. Lombard 0
111 3
Carried 9:3$ P. M.
May 17, 1948
I, James J. Carroll, Town Clerk of the Town of Lexington, do
hereby certify the above to be a true and exact copy of Article 48
as passed at the Adjourned Town Meeting held March 29, 1948 and as
same appears on record.
.-00► /
Town Clerk
/
B oston , Mass. September 22, 1948
The foregoing amendment to by-law is hereby approved.
(Signed) Clarence A. Barnes
Attorney General