HomeMy WebLinkAbout1940-12-30-STM-min :69
_. _. TOWN WARRANT
Commonwealth of Massachusetts Middlesex, ss.
To the Constable of the Town of Lexington, in
said County, Greeting:
In the name of the Commonwealth of Massachusetts, you are
directed to notify the inhabitants of. the Town of Lexington
qualified to vote in elections and in town affairs, to meet in
the Cary Memorial Building, in said Lexington, on Monday, the
30th day of December, 1940 at eight o'clock. P. o . , then and
there to act on the following articles:
Article 1. To receive the reports of any Board of Town
Officers or of any Committee of the Town and to appoint other
Committees.
Article 2. To see if the Town will vote to appropriate
sums of money for the following accounts, such appropriations
to be met by transfers from available funds, or by any other
method:
Snow Removal
Public Welfare - Aid & Expenses
Engineering Department - Expenses
Article 3. To see if the Town will make a further appro-
priation for the installation of water mains in such accepted
or unaccepted streets as may be applied for, in accordance with
authority contained in the by-laws of the Town, subject to the
assessment of betterments, and to take by Eminent Domain any
necessary easements therefore, such appropriation to be added
to the existing account, and to be met by transfer from avail-
able funds, or by any other method.
Article 4. To see if the Town ciil amend the vote of the
Town Meeting of August 8, 1938, under Articles 3 to 7 of the
warrant for that meeting, relating to the Vine Brook Development,
by striking out certain limitations in the said votes on the
use of portions of the money therein appropriated so that any
part of the entire appropriation may be used for any part of
the work or expense therein authorized.
Article 5. To see if the Town will make a further appro-
priation or appropriations for the Vine Brook Sewer and Drain
Project, such appropriations to be met in whole or in part by
transfer from available funds, or by any other method.
Article 6. To see if the Town will authorize the Selectmen
to install street lights in the following unaccepted streets:
Midd-leby Road; Sherburne Road, Pelham Road
And you are directed to serve this Tarrant seven days at
least before the time of said meeting as provided in the By-Laws
of the Town.
Hereof fail not, and make due return on this warrant, with
your doings thereon, to the Town Clerk, on or before the time
of said meeting.
Given under our hands at Lexington, this sixteenth day of
December, A.D. , 1940.
Archibi1d R_ G1 rrn,x
William .G. Potter
Selectmen
0. adzavd R. of
Errol H. Locke
Lexington
George W. Sarano
570 c.)1
CONSTABLE'S RETURN
December 21, 1940
To the Town Clerk:
I have notified the inhabitants of Lexington by posting
printed copies of the foregoing Warrant in 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, seven days before the time of said meeting.
Attest:
John C. Russell
Constable of Lexington
SPECTAT. TOWN MEETING REID DECEMBER 30, 1940
100 Town Meeting Members present.
Meeting called to order at 8:09 P.M. by the Moderator,
Robert H. Holt.
The warrant for the meeting was read by the Town Clerk,
Jzfies T. Carroll until Spon motion of Selectman, Errol H.
Locke, duly seconded further reading was waived.
The Town Clerk read the Constables return of the warrant
8:10 P.M.
Under Article 1, George C. Sheldon, Chairman of the
Appropriation Committee presented the Appropriation Committee
report which was voted to be accepted and placed on file--8:10 P.M.
All Articles were presented by Selectman, Archibald R.
Giroux, unless otherwise noted.
ARTICLE 2. Whereas, it is necessary to make immediate payments
for Snow Removal, and whereas the balance in the account is in-
sufficient therefor, this vote is, therefore, declared to be
an emergency measure necessary for the immediate preservation
of the' peace, health, safety or convenience of the town, and
it is
VOTED: That the sum of $5,000.00 be appropriated for
Snow Removal, this amount to be transferred from the Excess and
Deficiency Accou4t; and
CARRIED UNANIMOUSLY, 8:12 P.M.
Whereas, it is necessary to make immediate payments
for Public Welfare - Aid & Expenses, and whereas the balance
in the account is insufficient therefor, this vote is, there-
fore declared to be an emergency measure necessary for the
immediate preservation of the peace, health, safety or con-
venience of the town, and it is
VOTED: That the sum of $5,000.00 be- appropriated
for Public Welfare - Aid & Expenses, this amount to be trans-
ferred from the Excess and Deficiency Account; and
Carried Unanimously, 8:13 F.M.
Whereas, it is necessary to make immediate pay-
ments for the Engineering Department Expenses Account , and
whereas the balance in the account is insufficient therefor,
this vote is, therefore , declared to be an emergency measure
necessary for the immediate preservation of the peace, health,
safety or convenience of the town, and it is
571
VOTED: That the sun of $900.00 be appropriated
for the Engineering Department - Expenses Account, this
amount to be transferred from the Excess and Deficiency Account.
Carried Unanimously,_. 8:15 P. T.
ARTICLE 3. VOTED: That an additional sum of $2,000.00 be
appropriated for the installation of water mains in such accepted
or unaccepted streets as may be applied for, in accordance with
authority contained in the by-laws of the Town, subject to the
assessment of betterments, and to take by Eminent Domain any
necessary easements therefor, this sum to be transferred from
the Water Assessment Fund.
Carried Unanimously, 8:16 P.M.
ARTICLE 4. Whereas, at a Town Meeting held August 8, 1938
under Articles 3 to 7 of the warrant for that meeting the follow-
' ing votes were duly adopted:
Article 3. VOTED: To takeup articles 3 to 7 together, and
FURTHRR VOTED: That the Selectmen be authorized
in the name of and on behalf of the Town to acquire by purchase
or eminent domain for surface and sanitary drainage purposes
any or all of the land on both sides of Vine Brook as follows:
(a) on the relocated North and South Branches of Vine Brook from
Marrett Road to Vine Brook Road for an aggregate width not ex-
ceeding one hundred and fifty feet; (b ) from the easterly side
of ^raltham Street to the location described under (a ) of this
vote for an aggregate width not exceeding sixty feet;
(c) from Vine Brook Road to Massachusetts Avenue for an aggre-
gate width not exceeding fifty feet; (d ) from the land of the
Town on which stands the Town Office Building to Hayes Lane to
East Street for an aggregate width not exceeding one hundred
fifty feet; (f) from East Street to North Street for an aggregate
width not exceeding fifty feet; (g) temporary leasehold interest
in adjoining ,land for use during construction; and to deepen,
widen, straighten, and relocate the parts of the channel of the
said Vine Brook and its North and South Branches within the said
takings, to change its location: from its present channel, to
construct closed conduits in place of open _channels and to ch rye
the direction, volume and rapidity of the flow of the said Brook,
and its said Branches, and of any surface or underground water
flowing into it, and to construct drainage improvements in and
adjacent to Vine Brook extending from Winthrop Road Extension so-
called on
o-called °on the South Branch and Waltham Street on the North Branch
to North Street, including the construction of a conduit in place
of an open channel from the junction of the Forth and South
Branches to Hayes Lane, substantially as recommended by the Vic;:
Brook Drainage Committee in a report received by the Town, Septem-
ber 27, 1937, and that the Selectmen be authorized to do such
work as may be required to restore and maintain or suppleu nt
existing private water supplies now in use (exlusive of operating
expenses ) which may become diminished or impaired as a result
of the construction of the proposed Vine Brook Channel; to grant
rights of way and to lay out such streets and ways across the
lands to be acquired under this vote as may be deemed advisable,
and for the purpose of meeting the cost of such construction the
sum of $273,000.00 be appropriated, of which $29,600.00 shall be
for land acquired; also under
Article 4. VOTED: That the Selectmen be authorized on behalf of
the Town to purchase or take by eminent d anain lands or the right
of easement in lands to construct at the outlet of Butterfieldts
Pond at Lowell Street a dam to create a storage basin for flood
flows of Vine Brook and the right to flow the land -under and
adjoining the said Butterfield's Pond and its tributaries to the
level of elevation one hundred and seventy-six feet above mean
sea level, and that the Selectmen be authorized in the name of
and on behalf of the Town to execute contracts for the construe-
< _ tion of such a dam and apptirtenantwarks, and that for that purpose
the sure of $30,000.00 be appropriated, of which $10,000.00 shall
be for land and flowage rights acquired; also under
572 CP
Article 5. VOfr : That the Selectmen be authorized to construct
a conduit to, enclose the North : anch of Vine Brook from the west
side of Waltham Street to the junction of the North and South
Branches, and that for that purpose the sum of $17,000.00 be
appropriated; also under
Article 6. VOTED: That the Selectmen be authorized to construct
a low level sewer from a point about two hundred and ten feet (210' )
east of Hayes lane to a point about two hundred and twenty feet
(220t ) south of Vine Brook Road near the conduit to be constructed
for Vine Brook as authorized by this meeting and to acquire by
purchase or by taking by eminent domain any necessary easement
therefor, and that for that purpose the sum of $25,000. be appro-
priated; also under
Article 7. VOTED: That for the purpose of meeting the appro-
priations voted under Article 3 - 6 inclusive, the Town Treasurer,
with the approval of the Selectmen, be and hereby is authorized
to borrow $183,000.00 under authority of and in accordance with
the provisions of Chapter 50 of the Acts of 1938 and to issue
bonds or notes of the Town therefor payable in not more than
fifteen years at such term and maximum rate of interest as &i:y
be fixed by the Emergency Finance Board.
All moneys received by way of grant from the Federal
Government on account of this project shall be applied first
to meet the cost of construction thereof and any balance shall
be applied to the payment of the loan herein authorized.
The Selectmen are hereby authorized and directed to
accept on behalf of the Town, for use in carrying out such pro-
ject, a Federal grant of money, pursuant to the Public Works
Administration Appropriation Act of 1938; and the Selectmen are
authorized to proceed with the construction of said project
and to enter into all necessary and proper contracts and agree-
ments in respect thereto, all subject to applicable Federal regu-
lations; and the Selectmen are authorized to do all other acts
and things necessary or convenient for obtaining said, grant ,
making said loan, and constructing said project;
And whereas the Town desires to eliminate from the
said, votes, any restrictions on the application of the total
amounts appropriated therein so that any unexpended fund, under
any of the said appropriations may be used for any of the pur-
poses authorized in the said votes, and particularly for the
purpose of paying or compromising certain verdicts or judgments
against the Town for takings of property by eminent domain;
VOTED: That any part of the total of the appropriations
made in said votes of August 8, 1938 may be used to meet expense
incurred in carrying out any part of the projects therein author-
ized.
General discussion by various speakers.
Motion by Harold B. IAmont meeting be adjourned 8:39 P.M.
Motion to adjourn lost 8:39 P.M.
General Discussion
Selectmen, Archibald R. Giroux moves to lay Article 4
on the table, duly seconded, to provide ample time for the Town
Accountant, James H. Russell to provide figures desired.
Carried Unanimously, 8:45 P.M.
Article 6. VOTED: That the Selectmen be authorized to install
street lights in the following unaccepted streets:
Middleby Road; Sherburne Road; Pelham Road
Carried Unanimously, 8:46 P.M.
573
Article 5. VOTED: That a further appropriation of $6,000.00
be made for the Vine Brook Sewer and Drain Project, this being
the sum collected as liquidated damages due to breach of a bid
bond on the Vine Brook Sewer and Drain project; this sum to be
transferred from the Guarantee Bond Forfeiture Account, Vine
Brook Sewer and Drain Project.
John J. Devine moves to lay on the table, seconded
and carried unanimously 8:52 P.M.
Town Accountant, James H. Russell returned to meeting
with requested figures at 8:59 P.M.
With explanations by John W. Raymond, Jr. whereby
Selectman, Archibald R. Giroux moved Article 4 be taken from
table and carried unanimously 9:04 P.M.
Article 4 as originally presented carried unanimously
9:05 P.M.
Moved that Article 5 be taken from the table--unan-
imously 9:06 P.M.
Article 5 as originally presented, carried unanimously
9:06 P.M.
Moved and seconded that meeting be adjourned--
- Carried unanimously, 9:06 P.M.
A true record
Attest:
Toer,
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574- cil
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RErRESETTATIVE ELECTION
X
November 18, 1940
:Pursuant to the General Laws, the City Clerk of Waltham and
the Town Clerks of Bedford and Lexington met at Waltham this day
ten o'clock in the forenoon for the purpose of canvassing the votes
cast on the fifth day of November 1940 for the election of three
representatives to the General Court of the Commonwealth of Massa-
chusetts to represent the seventh Middlesex Representative District.
The result of the canvass was as follows:
In Waltham
George, Chauncey Colleens had nine thousand nine hundred forty-
two,
(9942).
Charles E. Ferguson had seven thousand five hundred forty-
two, (7542) .
Richard I Furbush had nine thousand two hundred twenty-seven,
(9227). . .
In Bedford
George Chauncey Cousens had six hundred seventy-seven, (677) .
Charles E. -Tergusn had seven hundred twenty-five, (725 ).
Richard I. Furbush had six hundred twenty-eight, (628 ).
In Lexington
George Chauncey Cousens had seven hundred seventy, (770 )..
Charles E. Ferguson had two thousand one hundred twenty, (2120 ).
_ Richard I. Furbush had nine hundred sixty-five , (965 ) .
The return showed that George Chauncey Cousens, Charles E.
Ferguson, and Richard I. Furbush had the majority of the votes cast
in Waltham, Bedford, and Lexington and certificates were accord-
ingly filled out by the Clerks present to be delivered to George
Chauncey Cousens , 15 Dennison Street, Waltham; Charles E. Fergu-
son, 16 Highland Avenue, Lexington; and Richard I. Furbush, 62
Waverly Oaks Road, Waltham.
William T. Lanagan, City Clerk of Waltham. --
Albert J. Berry, Town Clerk of Bedford.
, i(t/ Town Clerk of Lexington.
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