USA > Massachusetts > Middlesex County > Wayland > Official reports of the town of Wayland 1954-1956 > Part 37
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Upon motion of Mr. Magoun, duly seconded, it was:
Voted unanimously: That the Town dispense with a reading of the Order of the Board of Selectmen Laying Out Leary Street.
Upon motion of Mr. Magoun, duly seconded, it was:
Voted unanimously: That the Town accept the laying out as a public Town way of Leary Street as designated in the Order of Laying Out of the Board of Selectmen dated February 29, 1956 as shown on a plan entitled "Plan and Profile of Leary Street, Wayland, Mass.", dated December 5, 1955, by Everett M. Brooks, Co., Civil Engineers, which is on file with the Town Clerk; that the Board of Selectmen be authorized to acquire any necessary land (including easements for drainage) by eminent domain, purchase, gifts, or otherwise; that better- ments be assessed under the General Laws, (Ter. Ed.), Chapter 80, in accordance with the Order of Laying Out; and that $5,300 be appro- priated and assessed for the acquisition of any such land and easements, for the construction of such way and for other costs in connection therewith.
Article 22. To see if the Town will vote to install water pipes and hydrants in the way named "Leary Street," or any portion thereof, and to appropriate a sum of money for the expenses thereof and determine how the money shall be raised and authorize such sum or any portion thereof, to be included in any betterments that may be assessed under the preceding article, or take any action relative thereto.
Upon motion of Mr. Magoun, duly seconded, it was:
Voted: That the Town appropriate and assess the sum of $4,500. for the installation of water pipes and hydrants in Leary Street, the work to be done under the supervision of the Water Commissioners, the cost of the work to be assessed in any betterments which may be assessed under the preceding article.
Amendment to the above motion, duly moved by Mr. Ivan E. Beal and duly seconded: That replacement of pipe in connection with this article, be taken from "Water Available Surplus," WAS VOTED DOWN.
Voted: In favor of Mr. Magoun's motion.
Article 23. To see if the Town will vote to accept as a public Town way, under the provisions of the Betterment Act, that portion or portions of Rich Valley Road which was not previously accepted and which extends in a northerly direction about 422 feet from the northerly end of the previous taking of Rich Valley Road, or a portion thereof, as shown on a plan or plans on file with the Town Clerk and authorize the Board of Selectmen to acquire the necessary land, including drainage easements, by purchase, gift, eminent domain or otherwise and appro- priate a sum of money for the acquisition of any such land and the construction of such way, or any portion thereof, and determine how the money shall be raised or take any action relative thereto.
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Upon motion of Mr. Magoun, duly seconded, it was:
Voted unanimously: That the Town dispense with a reading of the Order of the Board of Selectmen Laying Out Rich Valley Road, extend- ing in a northerly direction about 422 feet from the northerly endline of the taking of Rich Valley Road made in 1950.
Upon motion of Mr. Magoun, duly seconded, it was:
Voted unanimously: That the Town accept the laying out as a public Town way an extension of a public way known as Rich Valley Road, extending in a northerly direction about 422 feet from the northerly endline of the taking of Rich Valley Road made in 1950 as described in the Order of Laying Out of the Board of Selectmen dated February 29, 1956 as shown on a plan entitled "Plan and Profile of part of Richard Valley Road, Wayland, Mass." dated December 13, 1955, by Everett M. Brooks Co., Civil Engineers, which is on file with the Town Clerk; that the Board of Selectmen be authorized to acquire any neces- sary land (including easements for drainage) by eminent domain, pur- chase, gift or otherwise; that betterments be assessed under General Laws, Ter. Ed. Chapter 80 in accordance with the Order of Laying Out; and that $2,000 be appropriated and assessed for the acquisition of any such land and easements, for the construction of such way, and for other costs in connection therewith.
Article 24. To see if the Town will vote to abandon a way five feet in width running southeasterly from Bow Road over what was formerly the northerly fork of said Bow Road.
Under motion of Mr. Kilburn, duly seconded, it was:
Voted unanimously: That the Town discontinue as a way for pedestrians, the former northerly fork of Bow Road, extending from Concord Road to the present northerly line of Bow Road, as shown on Land Court Plan 17983D; reserving, however, an easement to maintain the water line presently in said northerly fork.
Article 25. To see if the Town will vote to accept as a public way Pequot Road, from Happy Hollow Road to Cochituate Road, as laid out by the Board of Selectmen, and as shown on a plan on file with the Town Clerk, or any portion thereof; and to authorize the Board of Selectmen to acquire any necessary land or interests therein by deed of gift and/or by eminent domain; and to raise and appropriate the sum of one dollar for such acquisition by eminent domain; without any appropriation of money for further construction of said road, under the Betterment Act or otherwise; or take any action relative thereto.
Upon motion of Mr. Harris, duly seconded, it was:
Voted unanimously: That the Town dispense with a reading of the Order of the Board of Selectmen Laying Out Pequot Road from Cochituate Road to Happy Hollow Road.
Upon motion of Mr. Harris, duly seconded, it was:
Voted unanimously: That the Town accept the laying out as a public Town way of about 1,525 feet of Pequot Road from Cochituate Road to Happy Hollow Road, as described in the Order of Laying Out dated February 29, 1956 and as shown on a plan entitled "Plan and Profile
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and taking Plan showing Extension of Pequot Road, Wayland, Mass." dated August 12, 1952, by Everett M. Brooks Co., Civil Engineers, which is on file with the Town Clerk; that the Board of Selectmen be authorized to acquire any necessary land (including easements for drainage) by eminent domain, purchase, gift or otherwise; and that $10 be appropriated for the acquisition of any such land and easements and for other costs in connection therewith.
Article 26. To see if the Town will vote to appropriate and assess a sum of money for the purpose of hiring a company specializing in appraisals to re-appraise all real estate in the Town, or do or act.
Upon motion of Mr. Herbert R. Fisher, Jr., duly seconded, it was:
Moved: That a committee of five be appointed, comprising one member of the Board of Assessors, one member of the Finance Com- mittee, one member of the Planning Board, these to be chosen by their respective boards, and two members at large to be chosen by the above three, to conduct a survey on the feasibility of having a complete re-appraisal of all real estate, performed by a company specializing in such work; and that such committee make their report and recom- mendations at the next annual Town Meeting.
Voted: AGAINST the above motion.
Upon motion of Mr. Frederick P. Walther, duly seconded, it was: Voted: That the article be passed over.
Article 27. To see if the Town will vote to amend the Zoning By-Laws and the Zoning Map by repealing Section VI Business Dis- tricts, as amended, by creating two new districts, Business District A and Business District B; by regulating the ues permitted therein and by changing all land in the Business District to Business District A, or take any action relative thereto.
The Report of the Planning Board, with recommendations, in con- nection with this Article, was read by Mr. Frederick G. Perry.
Upon motion of Mr. L. William Bertelsen, III, duly seconded, it was:
Moved: That the Town vote to amend the Zoning By-Laws and Zoning Map by repealing Section VI Business Districts, as amended, and inserting in place thereof the following Section VI, and by changing all land in the Business District to Business District A:
Business Districts
Section VI
1. Establishment of two Districts. Business District A and Business District B are hereby established. In these two districts no building or structure and no alteration, enlargement or extension of an existing building or structure shall be constructed, and no land, building, structure or part thereof shall be used for any purpose or in any manner other than as provided herein. The provisions of Section X-A shall apply to these districts (site plan approval).
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2. Permitted Uses.
a) In Business District A, only the following uses shall be per- mitted provided such uses are not conducted in a manner creating offensive or unreasonable noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features; or to be dangerous to the public health or safety.
1) Store, showroom or salesroom for the conduct of the fol- lowing retail business uses:
(a) The sales of food items including confectionery, dairy products, fruits, vegetables, groceries and meats. The sale of baked goods and the manufacture of same for sale on premises.
(b) The sale of dry goods, variety merchandise and handicraft work.
(c) The sale of clothing and clothing accessories.
(d) The sale of hardware, household items including appliances, furniture, furnishings and supplies.
(e) The sale of printed matter, drugs, stationery and photographic supplies.
2) Business and professional offices: real estate, insurance and general business offices; the offices of architectural, dental, engineering, legal, medical and other recognized professions; banks; telephone offices; medical and dental clinics.
3) Restaurants and other places for the serving of food or beverages inside the building at tables or counters.
4) Service Establishments: Barber and beauty shops; laundry agencies; self-service laundries; shoe and hat repair; bicycle and household appliance repair; dressmaking; dry cleaning, pressing or tailoring shops in which no work is done on the premises for retail outlets elsewhere.
5) Shop of an electrician, painter, paper hanger, plumber or upholsterer.
6) Automotive Sales and Service: Automobile sales; out- door automobile sales display; service stations; repair and storage garages, provided that washing, lubricating and major repairing of motor vehicles are performed inside of enclosed buildings and that all dispensing of fuels, lubricants and fluids is done entirely on the property of the station or garage; parking lot for passenger automo- biles. Auto dismantling and junk operations are expressly prohibited.
7) The following additional usess:
(a) Nurseries, truck gardens, farms, greenhouses.
(b) Railroad passenger stations and rights of way, pas- senger bus terminals.
(c) Municipal buildings ..
8) The following uses may be permitted by the Board of Appeals in accordance with Section V (r) when of a size
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and nature similar to other uses permitted in Business District A: Shop of carpenter, cabinet maker, printer or sign painter.
9) The Board of Appeals in accordance with Section V (r), may permit additional retail business and service uses are clearly similar to those permitted herein.
(b) In Business District B, only uses (1), (2), (3), (4) and (7) as permitted in Business District A above shall be permitted.
The Board of Appeals in accordance with Section V (r), may permit additional retail business and service uses when such uses are clearly similar to those permitted herein.
(c) In both Business Districts A and B, no outdoor display of merchandise for sale, other than motor vehicles and farm and nursery produce shall be permitted.
3. Special Provisions in Business Districts:
a) Height, Area and Yard Requirements:
1) In both Business Districts A and B the maximum height of buildings shall be thirty-five feet. This supersedes the requirements of Section VIII, Paragraph (b) as applied to Business Districts with the exception that Section VIII, Paragraph (a) (2) shall apply.
2) In both Business Districts A and B all signs as permitted herein shall be located not closer than 15 feet to the exterior line of any public or private way.
3) In Business District A the area and yard requirements of Section IX shall apply. This does not constitute relief from conformity to off-street parking and loading require- ments herewith (Section VI, Paragraph 3 b).
4) In Business District B the following provisions apply :
(a) The maximum coverage of the lot by buildings or structures shall be 25%. This supersedes requirements of Section IX. This does not constitute relief from conformity to off-street parking and loading require- ments herewith (Section VI, Paragraph 3 b).
(b) No building or structure shall extend closer than 60 feet to any exterior street line or Residence District boundary. Exception to the set-back requirements from street lines may be made by the Board of Appeals, in accordance with Section V (r), upon presentation of site plan for approval (See Section X-A) provided that the exception does not reduce the distance to less than 15 feet, that the plan is made in sucuh manner as to minimize the generation of traffic hazards.
(c) No building may be closer than 15 feet to adjacent property line within a Business District B. The Board of Appeals, as outlined above, may grant exception to this provided such is necessary to permit develop-
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ment of an integrated group of buildings on separate parcels of land.
b) Off-Street Parking and Loading Requirements:
1) In both Business Districts A and B off-street parking space shall be provided in connection with the original erection or increase by units or dimensions of any building or structure in the following amounts:
(a) For general retail business, commercial and personal service establishments, parking facilities on the basis of 1 parking space per 70 square feet of floor area, exclusive of basement storage space or other space not used for business purposes. In addition to this amount, 1 space for each two employees shall be provided.
(b) For office, professional or public buildings having a floor area of over 2,000 square feet exclusive of base- ment, one off-street parking space for each 200 square feet of ground floor area not used for bulk storage and one parking space for each 400 square feet of floor area other than the ground floor.
(c) For restaurants, tea rooms, lunch counters, or other facilities for eating or drinking, one parking space for each three employees, plus one additional space for each 4 patrons accommodated at tables or counters.
(d) For roadside stands, filling stations, automobile repair shops or other roadside service establishments, one parking space for each two employees plus such addi- tional spaces for customer-motorists as the Board of Appeals shall deem necessary, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
(e) For any and all uses or structures not specifically provided for in the foregoing enumeration, such park- ing space as the Board of Appeals shall determine to be necessary, considering the activities involved, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
2) Whenever, after the date of this By-Law, there is a change in the lawful use of the premises or in the number of employees or business visitors or any other unit of measurement specified in any of the foregoing paragraphs of this section, and whenever such change creates a need for an increase of more than 20% of the number of off- street automobile parking spaces, as determined by the requirements of this section, more off-street parking facili- ties shall have been provided on the basis of the adjusted needs, as determined by this section.
3) Mixed Uses: In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this subsection: parking facilities for one
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use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated that the need for parking occurs at different times.
4) Location of Facilities: Off-street automobile parking facilities, to the extent required in this section may be provided either on the same lot or premises with the parking-generating activity or on any lot or premises a substantial portion of which, at least, is within 300 feet of such activity.
5) Parking areas shall be used for automobile parking only, with no sales, dead storage, repair work dismantling or servicing of any kind. The required parking areas shall permanently available for use by patrons and employees of establishments providing such space.
6) Design standards:
(a) All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering areas. Access to and from lots shall be through designated driveways with openings or curb outs not in excess of 40 feet in width at exterior line of public or private way.
(b) Said parking areas shall be provided and maintained with a permanent, dust-free surface, shall be pro- vided with adequate drainage and shall have bumper guards where needed for safety.
(c) If lighting is provided, the source of light shall be so arranged and shielded as to prevent direct glare from the light source into any public street or onto adjacent property.
(d) Parking lots immediately adjacent to a Residence District shall be adequately screened from view from said Residence District by trees, hedges or a tight fence.
7) Parking Lots in Residence Districts: When in its opinion the best interests of the community will be served thereby, the board of Appeals may permit temporarily or perma- nently the use of land in a Residence District for a park- ing lot provided that:
(a) The lot is to be used only for the parking of pas- senger automobiles of employees, customers or guests of the person or firm controlling and operating the lot, which person or firm shall be responsible for its maintenance.
(b) No charge is to be made for parking on the lot.
(c) The lot is not to be used for sales, dead storage, repair work, dismantling or servicing of any kind.
(d) Provisions of Paragraph 6, Design Standards, above, shall apply.
(e) Entrance to and exit from the lot are to be located as to be least objectionable to the residence districts, as determined by the Board of Appeals.
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(f) No sign in excess of 15 square feet is to be located on the lot. Signs shall be for the purpose of identifi- cation and traffic control only.
(g) All parking is to be kept back of the front yard line by barrier, unless otherwise specifically authorized by the Board of Appeals.
(h) The parking lot and that portion of the driveway back of the front yard line is to be adequately screened from view from the street and from adjoin- ing property in a residence district by trees, hedges or a tight fence.
(i) Such other conditions are met as may be deemed necessary by the Board of Appeals to protect the character of the residential district.
(j) The parking lot is immediately adjacent to a Busi- ness District A or B and is located entirely within 300 feet of said Business District boundary.
8) Off-Street Loading: On the same premises with every building where goods are received or shipped, newly erected or increased by units or dimensions after the date of adoption of this By-Law, adequate loading areas shall be provided. Every part of such loading area shall be located completely off the street.
(c) Signs and Exterior Lighting
Only those exterior signs as pertain to permitted buildings, structures or uses on the same premises are permitted.
(See Paragraphs 3, a), 2) of this section for adher- ence to yard requirements.) Lighting of signs shall be by means of providing continuous illumination, not flashing or blinking. Outdoor lighting fixtures shall be designed and placed in such a manner that the light source shall be completely shielded or diffused so as not to produce glare at any point along the exterior lines of ways adjacent to such premises or from adjoining premises in a residential district.
Mr. Frederick G. Perry, Jr., Chairman, read the Report of the Planning Board, with recommendations, in regard to this and the fol- lowing Article.
Upon motion of Mr. Roger P. Stokey, duly seconded, it was:
Voted: To amend the main Motion of Mr. Bertelsen, by deleting Section 7), relating to Parking Lots in Residential Districts, in its entirety.
Upon motion of Mr. Frederick G. Perry, Jr., duly seconded, it was: Voted : To amend the main Motion of Mr. Bertelsen, by the inser- tion in Section 2, a) 9) (c) the following :
"automobile accessories customarily sold at filling stations"
so that the entire section should read :
"c) In both Business Districts A and B, no outdoor display of merchandise for sale, other than motor vehicles, automobile accessories
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customarily sold at filling stations, and farm and nursery produce shall be permitted."
Counted vote upon main Motion, as amended :
"Yes" 132 "No" 50 Total: 182
The required 2/3 being 120 votes, this Article carried.
Article 28. To see if the Town will vote to amend the Zoning By- Laws and the Zoning Map by making the following changes in District boundaries, or take any action relative thereto:
Change from Business District A and Residence District Thirty Thousand Square Feet, one hundred fifty (150) foot Front to Business District B the land bounded and described as follows:
NORTHERLY by State Road West and the Southerly boundary line of land now or formerly of Wayland Motors, Inc. at present in Business District A;
WESTERLY by land now or formerly of Mary B. Allen; land now or formerly of Lewis S. Russell;
SOUTHERLY by Pelham Island Road;
EASTERLY by the Westerly boundary of land now or formerly of Wayland Motors, Inc.
Mrs. Katherine Hodges read the Report and unanimous Recom- mendations of the Planning Board, in regard to this Article.
With the permission of the Moderator, and the consent of the Meeting, Mr. James L. Harris, professional city planner hired as a consultant by the Planning Board, spoke in support of his advice recom- mending the re-zoning considered by this Article.
Upon motion of Mrs. Hodges, duly seconded, as follows :
To amend the Zoning By-Laws and the Zoning Map by making the following changes in District boundaries :
Change from Business District A and Residence District Thirty Thousand Square Feet, one hundred fifty (150) foot Front to Business District B the land bounded and described as follows:
NORTHERLY by State Road West and the Southerly boundary line of land now or formerly of Wayland Motors, Inc., at present in Business District A;
WESTERLY by land now or formerly of Mary B. Allen; land now or formerly of Lewis S. Russell;
SOUTHERLY by Pelham Island Road;
EASTERLY by the Westerly boundary of land now or formerly of Wayland Motors, Inc.
Upon this motion, duly seconded, it was:
Voted :
"Yes" 86 "No" 65 Total: 151
The required vote of 2/3 in favor did not carry.
This article had already been declared disposed of by the Moderator when Mr. Perry attempted to offer a substitute motion, in relation to
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Article 28. There being objection from the hall to a return to the Article, Mr. Perry's attempt failed.
Upon motion of Mr. Dominic Anzivino, duly seconded, it was:
Voted : To adjourn the meeting until the following Wednesday, March 14, 1956.
This adjournment was accomplished at 11:30 P. M. A true copy,
Attest:
LEILA SEARS, Town Clerk of Wayland.
VOTES ENACTED AT THE SPECIAL TOWN MEETING Held Wednesday, March 7, 1956
Town Clerk's Office Wayland, Massachusetts
Howard S. Russell, Moderator :-
Pursuant to the Warrant dated February 6, 1956 and signed by Thomas F. Linnehan, John W. Leavitt and Frank S. Tarr, Selectmen, service and return of said Warrant having been duly made by Ernest H. Damon, Constable, the inhabitants of the Town of Wayland qualified to vote in Town Meeting, assembled this day; and at 9:30 P. M. the Moderator called the meeting to order, declared a quorum to be present, and the meeting proceeded to transact the following business :
Article 1. To see if the Town will vote to raise and appropriate a sum of money for the preparation of plans and specifications and construction of a new elementary grade school on any one of the sites purchased by the Town, pursuant to vote at the Special Town Meeting held in February, 1956 and for originally equipping and furnishing the said building; determine whether the money shall be provided for by appropriation from available funds in the treasury, by taxation and/or by borrowing; or take any action relative thereto.
Upon motion of Mr. Allan R. Finlay, duly seconded, it was:
Voted unanimously: That the sum of $600,000 be raised and appropriated for the preparation of plans and specifications and for constructing a school building on land voted to be acquired by the Town, on Claypit Hill Road, under Article 1 of the Special Town Meeting of February 15, 1956 and for originally equipping and fur- nishing the said building, and that, to meet said appropriation, the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of $600,000 under authority of Chapter 645 of the Acts of 1948 as amended by Chapter 528 of the Acts of 1950, by Chapter 447 of the Acts of 1951, by Chapter 389 of the Acts of 1952, and otherwise, and to issue bonds or notes of the Town therefor payable in accordance with the provisions of Chapter 44 of the General Laws, so that the whole loan shall be paid in not more than twenty years from the date of issue of the first bond or note;
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