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HomeMy WebLinkAbout1940-07-01-STM-min 546 TOWN WARRANT Commonwealth of Massachusetts Middlesex, ss . To either of the Constables 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 1st day of July, 1940 at eight o'clock P. M. , 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 abandon any right or easement, if any, taken by eminent domain by the Town in an order of taking of land at Butterfield's Pond recorded with Middlesex South District Deeds Book 6279, Page 318, to include in the storage basin when the water of Butterfield's Pond is raised to a level not exceeding 176 feet above mean sea level any part of the land of George E. Ham not taken in fee simple by the - said taking, or act in any manner in relation thereto. Article 3. To see if the Town will amend the vote of the Town. Meeting of August 8, 1938 under Article four of the warrant for that meeting relating to construction of a storage basin at Butterfield's Pond as part of the Vine Brook Development, by striking out a limitation to -310,000 . for land and flowage rights acquired, or act in any manner in relation thereto. Article 4. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets: Candlewick Close; Fottler Avenue. Article 5. To see if the Town will vote to make a further appropriation for the purchase of a Town ambulance, and provide such funds by transfer from Available Funds, or take any other action in relation thereto. Article 6. To see if the Town will accept a gift of money to be applied toward the purchase of an ambulance. - Article 7. To see if the Town will vote to transfer to Excess and Deficiency Account the unexpended balance in the account for Public Welfare Accounts Payable - 1939 Bills - or take any other action in relation thereto. Article 8. To see if the Town will vote to amend the Lexing- ton Zoning By-Law and Map by inserting in Section 3 (b) , after R. 2 Districts, 10, - the words R.3 Districts . 1. Northeasterly by land of the Colonial Garage, Inc. , 160 feet, northwesterly by land now or late of Hutchinson and by land now or late of MacKay, 267 feet, southwesterly by Vine Brook Road, 160 feet, southeasterly by land of the Colonial Garage, Inc. , 265 feet; or act in any manner in relation thereto . Article 9. To see if the Town will vote to make a further appropriation for the Engineering Department Expenses account and provide such funds by transfer from available funds or take any other action in relation thereto. 547 And you are directed to serve this Warrant 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 eleventh day of June , A. D. 1940 . ARCHIBALD R. GI RO tUX WILLIAM G. POTTER SELECTMEN ERROL H. LOCKE OF A. EDWARD ROWSE LEXINGTON GEORGE W. SARANO June 22, 1940 CONSTABLE I S RETURN 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 twelve other public places in the Town, and by mailing a printed copy of the same to every reg- istered voter in the Town nine days before the time of said meeting. Attest: PATRICK J. MAGUIRE Constable of Lexington. 548 C.51 SPECIAL TOWN MEETING HD JULY 1, 1940 Meeting called to order by the Moderator, Robert H. Holt, at 8:10 P.M. There were 157 Town Meeting Members present. The warrant for the meeting was read by the Town Clerk, James J. Carroll, until upon motion of Selectman A. Edward Rowse, duly seconded, further reading was waived. 8:11 P.M. The Town Clerk read the Constable' s return of the warrant. Art. 1, George C. Sheldon, Chairman of the Appropriation Committee, presents report which was voted to be accepted and placed on file. 8:12 P.M. Art, 2. Presented by the Town Counsel, Sydney R. Wright- ington. Art, 2. WHEREAS the Town by an order of taking dated Feb- ruary 13, 1939 and recorded with Middlesex South District Deeds, Book 6279, page 313, took by eminent domain the right to flow the water of Butterfield's Pond over certain lands therein described to a level of elevation not exceeding 176 feet above mean sea level to provide a storage basin for flood flows of Vine Brook; and WHEREAS the Town by an order of taking dated Feb- ruary 13, 1939, and recorded with Middlesex South District Deeds, Book 6279, page 318, took title in fee simple to certain lands bordering upon the said Butter- field's Pond, including land of George E. Ham, and in the said latter taking also took the right and easement to mAintain a dam or dikes t+ create a storage basin for flood flows of Vine Brook and to change the direc- tion, volume and rapidity of flow of surface or under- ground water flowing into or out of Butterfield's Pond and to change and regulate the elevation of the surface of the water in said pond but not exceeding the level of 176 feet above mean sea level; and WHEREAS it 'f)Ps been contended by the said Ham that the said latter taking includes an easement to extend the flower of the storage basin of the said pond to a level of 176 feet on other land of the said Ham not Included in either of the said takings; and WHEREAS the actual construction of the public works for which said taking was made includes two small dikes shown on the plan referred to in the said takings, which dikes limit the area of the said pond when raised to a level of 176 feet so as to exclude from the said storage basin any part of the land of the said Hata not so taken in fee; and WHEREAS the Superintendent of the Highway Depart- ment having charge of the lands and easement so taken has notified the Selectmen that it was not the inten- tion of the Town by the said takings to include the remaining land of the said Han in the said storage basin and that any right to use said other land of Ham for a storage basin that may have inadvertently been so taken is no longer required for public purposes: VOTED: That the Town authorize the abandonment of any right or easement, if any, acquired by the Town by the said taking recorded in Book 6279, page 313, to include any of the land of the said Ham not taken in fee by the said taking in the area of the said storage basin when the water of Butterfield's Pond is raised 549 to a level not exceeding 176 feet above mean sea level, and specify that no minimum amount be paid for such abandonment other than the cancellation by the owner of the land in question of nry claim for damages for such alleged taking. Carried Unanimous 8:17 P.M. Art. 3. Presented by Town Counsel, Sydney R. Wrightington, Art, 3. WHEREAS, at a town meeting held August 8, 1938 under Article 4 of the warrant for that meeting, the following vote was duly adopted: "Article 4, VOTED: That the Selectmen be authorized on behalf of the Town to purchase or take by eminent domain lands or the right or easement in lands to construct at the outlet of Butterfield! s 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 Butterfieldls 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 nsme of and on behalf of the Town to execute contracts for,the construction of such a dam and appurtenant works, and that for that -Purpose the sum of . 300000.00 be appro- priated, of which -h00000.00 shall be for land and flow- age rights acquired."; And WHEREAS the Town desires to eliminate from the said vote the restriction on the amount payable for land and flowage rights acquired, VOTED:-That the said vote of August 8, 1938 be amended by striking out the words, "of which 1;10,000.00 shall be for land and flowage rights acquired, " but except as so amended, the said vote is hereby ratified and confirmed. Carried Unanimous 8:19 P.M. Art, 4. Presented by Selectman Archibald R. Giroux as follows: Art, 4. TOTED: That the Selectmen be authorized to install street lights in the following unaccepted streets: Candlewick Close; Fottler Avenue, Carried Unanimous 8:20 P.M. Art, 5, By Selectman Archibald R. Giroux, Art, 5. VOTED: That a further sum of 125,61 be appropri- ated 'or the purchase of an ambulance to be ',mown as the Veterans l Memorial Ambulance, this amount to be added to the appropriation made at the Annual Meeting held on April 8, 1940 for the purer-lase of an ambulance, and tliis sum to be provided by transfer from the Excess and Deficiency Account, Carried Unanimous 8:21 P.M. Art, 6. Selectman Archibald R, Giroux moves for indefinite postponement, Carried Unanimous 8:21 P.M. Art, 7, By Selectman Archibald R. Giroux, Art, 7, VOTED: That the sum of 67,08, being the unexpended balance in the account for Public Welfare, Accounts Pay- able, 1939 Bills, be transferred to the Excess snd Defi- ciency Account. Carried Unanimous 8: 22 P.M. 550 t.e.„ Art. 9 , Selectman Archibald R. Giroux moves for indefinite postponement . Carried Unanimous 8:23 P.M. Art, 8. Permission granted Eugene Viano to sit with Town Meeting Members and speak. Edward W. Kimball, ChPl'rnan, reads report of Planning- Board, REPORT OF TFT PIAITITTFC- BOARD COT A PROPOSED A=1TDIElciT TO PHE L77/777'07 72-77C1 EV-7E7 7: ADPEARS T7DER ARTICLE 8 jT THE -TA:F . 711:77 FOR COBB TO-7 :77- -_ -Tr: TO BE --I'LL0-7_7 11 1940, A public loeP-ing was held May 18, 1940 after notices were --iven 4n accordPnce with the zonin- by-law and the Plannin- Board Y107 sub nits a final report with recommendations to the Tom. The Board received word from the Petitioner early last year that he mas Proceeding to file a petition for a business zone on Vine :rook Road, _nt about the same time the Board of Assessors called a conference 7' t'o the 'Planning Beard, Board of Appeals, Board of Selectmen and Board of TrPde to ure the need o' ' partments in Lexington. The PlanninS Board proPosed to Yr. Viano that be abandon his efforts to obtain a business zone, and wait until the Board should have presented to the Town a plan for special residence zones for apartments . He followed the Ecards sugge-ztion. The Board presented its plan in Town Meeting, and the meeting voted in favor of apartment zones, The Attorney General received a copy of the proposed by-law, and of tie vote of the meeting, and is wit'looTding approval until the Town asks to apply the new zor- fn- restriction to a specific Parcel of land, Meanwhile Mr Viano suggested that he was eady to petition for such an aPartrient zone, and the Planning Beam designated the area P." fected, from which owners representing 505 of the valuation must join in petitions for a zoning chane, The petition was presented and found to be sufficient and prope . A hearing was given at which one or two appeared in favor and sone 32 opposed, The Article -as then inserted in the "'Tarrant for action by this meeting. Before a vote car be taken the Board must have submitted its recommendations. The Board is under mandate to carry out definite instructions from the Town, The voters in this case have determined already to provide for the establishment of apartment zones,. The Board finds the area described in this petition to be suitably located for such use. It adjoins the Town' s principle business zone, and yet is so located that there might be maintained upon it an apartrent attract- f_7e enough in its surroundih;s to command occupants of such P rba-- acter that the property would not tend to become a social menace. The Board does not pass upon any specific building plans, specifica- tions or restrictions, This power is given to the Board of Appeal, The Board does not ignore ne 'Pot t'at iisny citizens in t'ne neighborhood have registered themselves in opposition, -and have a right to present their objections and vote accordinc- to those object- ions, The Board, however, recommends favorable action. Sio'ned Wm, Roger Greeley Edrard 7-„ Kimball Lester F, Ellis Dissenting June 27, 1940 4551 Theodore A. Custance moves report be accepted and placed on file. Carried Unanimously 827 Edard 7. SrKball presents the following vote: Voted: That the Lexington Zoning By-Lau and Hap be amend- ed by inserting in Section 3 ( b) , after R,2 Listricts„ 10,- the words: R.3 Districts 1. -Zortheasterly by land of the Colonial Garage, Ino ., 160 feet, northwesterly by land now or late of Hatolrinson snd by land now or late of MacKay, 267 feet, southwesterly by Vine Brook Road , 160 feet, southeasterly by land of the Colonial Gar- a7e, Inc., 265 feet. General discussion by various sTpeakers . Standing vote tP1Ten as follows: TIT FAVO-P, TELLERS OPPOSED 21 Walter E. Sands 18 23 Leland H. Emery 54 22 Robert Whitney 0 66 87 Lost 9:35 PM. Motion made by Selectman Archibald R. Giroux, meeting be dissolved, seconded and so voted. Carried Unanimously 9:38 A True Record Attest: - /- Town ..lcrz-