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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, C 574- cil .„, ,T.,... , = 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. - ,