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HomeMy WebLinkAbout1939-11-13-STM-min 509 November 4, 1939. To the Town Clerk, I have notified the inhabitants of Lexington -by posting printed copies: of the foregoing Warrant in the vestibule of the Town Office Building and- six other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town nine days before the time of said meeting. Attest: Patrick J. Maguire Constable of Lexington. SPECIAL TOWN 1v1 RTING HELD NOVEMBER 13, 1939 Meeting called to order at 8:13 P. M. by the Moderator, Robert H. Holt. The Town Clerk, James J. Carroll, read the warrant for the meeting until upon motion of Selectman Errol H. Locke, duly seconded and so voted, further reading of the warrant was waived. 8:15 P. M. The Moderator speaks on the number of Town Meeting ':embers present, to constitute a quorum, the number. of Town Meeting Mem- bers present being ninety, the Moderator declared a recess until 8:30 P. M. in order to obtain the required number of one hundred Town Meeting Members . During the recess Article Six of the warrant was discussed. Explanations by Town Counsel, Sydney R. Wrightington. The Town Clerk read the Constables return of the. warrant. 8:15 P. M. At 8:30 P. M. there were 102 Town Meeting Members present, whereby the Moderator declared the meeting in order and be re- sumed. Under Article One, Robert H. Merriam, Chairman of the Appro- priation Committee, presented the Appropriation -Committee Report, moving that same be accepted and placed on file, seconded and so voted. Unanimous 8:31 P. M. Town Counsel, Sydney R. Wrightington, explained Article 2, offering the following. Article 2. VOTED: That the Town accept Chapter 91 of the Acts of 1939 as amended by Chapter 446 of the Acts of 1939. Carried Unanimous 8:34 P. M. 510 0-1 Article 3, presented. by Town Counsel, Sydney R. Wrightington, as follows: Article 3. Whereas the Town by an order of taking dated November 22, 1938 and recorded in Middlesex South District Regis- try of Deeds, Book 6258, page 278, took by eminent domain a tempo- rary leasehold interest for a term of two years in certain locations described in the said order of taking, more particularly described therein; and Whereas the Superintendent of Public Works having charge of the said easement has notified the Selectmen that the said temporary leasehold interest in all the said locations des- cribed in the said order of taking is no longer required for public purposes; VOTED: That the Town authorize the abandonment of such easement or right and specify that no minimum amount be paid for such abandonment other than a proportionate cancellation by the owners of the 1y. 8 within the said locations of any claim for damages for the use of the said land during the remainder of the two-year term fa' which the said leasehold interest was origi- nally taken. Carried Unanimous 8:37 P. M. Article 4, presented by Town Counsel, Sydney R. Wrightington, as follows: Article 4. Whereas the Town by an order of taking. dated November 21, 1938 and recorded in Middlesex South District Registry of Deeds, Book 6258, page 274, took by eminent domain certain ease- ments more particularly described in the said order of taking in certain locations numbered 1 to 7 inclusive more particularly described in the said order of taking, and in the description of the easement taken used the words "force main" in conjunction with the word "sewer" in various places; and Whereas in certain parts of the said locations a gravity sewer has been constructed and no force main is or will be constructed; and Whereas the Superintendent of Public Works having charge of the said easement has notified the Selectmen that the easement hereinafter described is no longer required for public purposes; VOTED: That the Town authorize the abandonment of the right, if any, to build and maintain a force main in loca- tions 1 to 6 both inclusive, described in an order of taking dated November 21, 1938 and recorded in Middlesex South District Regis- try of Deeds, Book 6258, page 274, and specify that no minimum amount be paid for such abandonment other than the cancellation by the owners of the land within the said locations of any claim for damages for the use of the said land for a force main in addition to a sewer. Carried Unanimous 8:40 P. M. Article 5. Presented by Selectmen Archibald R. Giroux, stating if no objections from the Town Meeting Members, -ould present the Article- under five votes . There were no objections. Artiele 5. VOTED: That the sum of $2500..00 be appropriated for the Road Machinery Account, this amount to be transferred from the Road Machinery Band. Motion by Robert H. Merriam, Chairman of the Appropriation Committee, the vote be amended, instead of $2500.00 to read $300.00. 511 Amendment presented to the meeting, voted upon and declared carried unanimous 8:51 P. M. Main motion presented to the meeting as follows: Article 5. VOTED: That the sum of §300.00 be appropriated for the Road Machinery Account, this amount to be transferred from the Road Machinery kind. DeclaredCarried Unanimous 8:54 P. M. And further VOTED: That the sum of $1000.00 be appropriated for the later Construction, Sundry Streets Account, this amount to be transferred from the Water Assessment Fund. Theodore A. Custance presents the following amendment. VOTED: That an additional sum of $2000.00 be appropriated for Water Construction-Sundry Streets, this sum to be transferred from Water Department Available Surplus . Question by the Moderator, if it was intended to transfer the $2000.00 from Water Department Available Surplus. Mr. Custanee answers that was correct. Amendment as presented, put to a voice vote, and declared lost - 9:05 P. M. Decision of vote questioned, whereby Moderator asks for a rising vote as follows: In Favor Tellers Opposed 5 - . Randall B. Houghton 13 24 Ronald D. Brown 22 15 - Charles M. Blake 9 44 44 Moderator states being tie vote, motion lost - 9:08 P. M. Original motion as presented voted upon - Carried Unanimous 9:09 P. M. Voted: Presented by Randall B. Houghton, Chairman of the School Committee. VOTED, That the sum of $2,000.00 be raised and appropriated for School Maintenance, Other Expenses and to meet said appropri- ation that the sum of $2,000.00 be transferred from School Main- tenance, Personal Services Account. Carried Unanimous 9:10 P. M. Voted: Presented by Selectman Archibald R. Giroux. And further VOTED: That the sum of $68.80 be appropriated for the Weights and Measures, Expenses Account, this amount to be transferred from the Weights and Measures, Personal Services Account. - Carried Unanimous 9:10 P. M. Voted: Presented by Selectman Archibald R. Giroux. And further VOTED: That any further action under Article 5 be indefinitely postponed. Carried Unanimous 9:11 P . M. Article 6. Presented by Town Counsel, Sydney R. Wrightington, as follows: 512 C71 Article 6. VOTED: That the Town amend its Building By- Law by adding at the end of Article V, -section 2 thereof the following new section: "Section 2 ( a) . Before approval by the Board of Survey of a subdivision plat under G. L. Ch. 41, sec. 81-F, it shall require that the ways laid out on such plat shall coordinate with other existing or--proposed streets with which they may connect, and it shall require such provisions for the disposal of surface water as will prevent damage to the said streets and utilities and to other ways in the town, and shall require an agreement by .the subdivider, binding on his successors in title, to construct the ways and/or utilities in the manner and location shown on said plat as finally approved, and to conform to the regulations of the Board of Survey regarding such construction, performance of which agreement shall be secured by a bond with a surety company, authorized to do business in Massachusetts, as surety, in the sum of One Thous- and Dollars as liquidated damages. No permit shall issue for the erection of any building or the carrying on of any activity requiring a permit on lots abutting on such ways until such ways are so constructed." Vote taken as follows: In Favor Tellers Opposed 13 Randall B. Houghton 0 38 Ronald D. Brown 0 20 Charles M. Blake 3 71 3 Carried 9:14 P. M. Motion made and seconded to adjourn - 9:14 P. M. Motion by Theodore A. Custance for the reconsideration of the second vote, in Article Five. 9:15 P. M. Motion presented by the Moderator for adjournment of the meeting. Declared lost 9:16 P. M. Motion presented by the Moderator for reconsideration of second vote in Article 5. Reconsideration declared carried 9:16 P. M. Reconsideration of the second vote taken under Article 5, • which contained original motion with amendment, discussed by various speakers. Motion presented as follows: And further VOTED: That the sum of $1000.00 be appropriated for the Water Construction,Sundry Streets -Account, this amount to be transferred from the Water Assessment Fund, That an additional sum of $2000.00 be appropriated for Water Construction - Sundry Streets, ,this sum to be transferred from Water Department Available Surplus . In Favor Tellers Opposed 11 Randall B. Houghton 7 41 Ronald D. Brown 4 25 Charles M. Blake 1 '77 12 Carried 9:30 P. M. Motion to adjourn, seconded, voted. Unanimous 9:30 P. M. (7) -' i� .-• To, _.Clerk 513 ATTORNEY GE1\ERALtS APPROVAL ARTICLE 6 AS PASSED AT A SPECIAL TOWN MEETING ALT) NOVEMBER 13, 1939 Article 6. Presented by Town Counsel, Sydney R. Wrightington, as follows: Article 6. VOTED: Tr9t the Town amend its Building By-Law by adding at the end of Article V, section 2 thereof the following new section: "Section 2 ( a) . Before approval by the Board of Survey of a subdivision plat under G. L. Ch. 41, sec . 81-F, it shall require that the ways laid out on such plat shall coordinate with other existing or proposed streets with which they may connect, and it shall require such provisions for the disposal of surface water as will prevent damage to the said streets and utilities and to other ways in the town, and shall require an agreement by the sub- divider, binding on his successors in title, to construct the ways and/or utilities in the manner and location shown on said plat as finally approved, and to conform to the regulations of the Board of Survey regarding such construction, performance of which agree- ment shall be secured by a bond with a surety company, authorized to do business in Massachusetts, as surety, in the sum of One Thous- and Dollars as liquidated damages. No permit shall issue for the erection of any building or the carrying on of any activity requir- ing a permit on lots abutting on such ways until such ways are so constructed." Vote taken as follows: In Favor Tellers Opposed 13 Randall B. Houghton 0 38 Ronald D. Brown 0 20 Charles 1• B lake 3 71 3 Carried 9: 14 P. M. Lexington, Mass. November 23, 1939 I, James S. Carroll, Town Clerk of the Town of Lexington, Mass., do hereby certify that the above is a true and exact copy of Article Six as passed at a special Town Meeting held November 13, 1939 , and as same appears on record. (Seal) James J. Carroll Town Clerk Boston, Mass., December 15, 1939. The within bye-law is hereby approved. Paul A. Dever Attorney General.