USA > Massachusetts > Middlesex County > Wayland > Official reports of the town of Wayland 1957-1959 > Part 16
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b. Some permanent feature of the building, proposed by the School Committee, which, in the judgment of a majority of the Commissioners of Trust Funds,
(i) will contribute to the life and spirit of the school and
(ii) would not ordinarily be provided for under the Town's appropriations for constructing and equipping an ele- mentary school building.
This was a rising, unanimous vote.
Article 15: To see if the Town will vote to authorize the Selectmen, upon removal of the existing old Town Hall building, to lease the old Town Hall site in Wayland Center to the Wayland Historical Society under terms and conditions agreeable to the Selectmen and to the Society, and approved by the Town Counsel, or do or act.
Upon motion of Mr. Morgan, duly seconded, it was
Voted unanimously: That the Town authorize the Selectmen, upon the removal of the existing Town Hall building, to lease the old Town Hall site in Wayland Center to the Wayland Historical Society under terms and conditions agreeable to the Selectmen and to the Society and with the approval of the Town Counsel.
Article 16: To see if the Town will authorize the Board of Select- men to sell the property where the old Town Hall and Fire Station are located, to the Trinitarian Congregational Church for a sum not to exceed Three Thousand ($3,000) dollars.
Upon motion of Mr. Frank A. Smith, duly seconded, it was Voted: That the article be passed over.
Article 17: To see if the Town will vote to appropriate and assess a sum of money for the purpose of hiring a company specializing in Town real estate appraisals, to re-appraise all real estate in the Town, or do or act.
Duly seconded, Mr. George V. Deverell made the following MOTION: That the Town appropriate and assess the sum of
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$20,000 for the purpose of hiring & company specializing in town real estate appraisals to re-appraise all the real estate in the Town.
Before vote upon this Motion, and
Upon motion of Mr. Morgan, duly seconded, it was
Voted: To adjourn this meeting after the vote under this Article. Upon motion, duly seconded: "The previous question," it was
Voted: 1st vote: Scattering "Noes" 2nd vote: Scattering "Noes"
Counted Vote: "Yes" 517 "No" 34
Upon main Motion of Mr. Deverell,
Counted Vote: "Yes" 109 "No" 399
In accordance with Mr. Morgan's Motion, the Meeting was ad- journed at 11:20 P. M., until Wednesday, March 12, 1958 at 7:45 P. M.
A true copy, Attest :
LEILA SEARS, Town Clerk of Wayland.
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VOTES ENACTED AT THE ADJOURNED ANNUAL TOWN MEETING
Held: Wednesday, March 12, 1958
Town Clerk's Office Wayland, Massachusetts
Howard S. Russell, Moderator -:
Pursuant to vote of adjournment made at the Annual Town Meeting of Wednesday, March 5, 1958, notice of said adjournment having been sent to the people, the citizens of the Town of Wayland qualified to vote in Town Meeting, met this day; at 7:50 P. M. the Moderator called the meeting to order, declared a quorum to be present and, under the Warrant for said Annual Town Meeting, the citizens proceeded to transact the following business:
The Moderator made the following Statement:
Inquiries have been made of the Moderator as to the status of Article 17, on which a vote had just been taken previous to adjournment on March 5.
The motion regarding the adjournment, unanimously passed, pro- vided that the meeting adjourn "after the vote under this article". As soon as the counted vote was taken, therefore, the Moderator declared the meeting adjourned to the date previously set.
Inasmuch as he did not, following his customary formula, ask if there was any other business under the article, or actually declare the article disposed of, the article may be held technically still to be before the meeting.
Yet in fairness to the hundreds of citizens who had voted decisively against the action sought under the article, and who undoubtedly con- sidered the matter settled, as, indeed the Moderator did, until the ques- tion of status was later raised, the Moderator is of the opinion that if any motion should now be made to reconsider, or to appropriate any money, a two thirds vote should be required, just as provided in the Town By-laws for returning to an article.
The Moderator makes this statement without any knowledge as to whether the proponents of the article plan to attempt any further action, or the nature of any such possible action they might propose.
The Moderator then asked whether there was any further action to be taken under Article 17. Hearing none, he declared the article disposed of.
Article 18. To see if the Town will vote to raise and appropriate a sum of money for the installation of equipment to add a fluoride com- pound to the public water supply in amounts and by such methods as are recommended by the Massachusetts Department of Public Health; or take any action relative thereto.
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Duly seconded, Dr. Howard H. Jenkins made the following
MOTION: That the Town appropriate and assess the sum of $7,000. for the installation of equipment to add a fluoride compound to the public water supply in amounts and by such methods as are recom- mended by the Massachusetts Department of Public Health.
Duly seconded, Mr. Willard B. Dik offered the following Substitute
MOTION: That the Selectmen be authorized and instructed to petition the General Court for necessary legislative authority to place upon the official ballot, at the Town's 1959 annual town election for a referendum, the question whether the voters are in favor of a fluoride supplementation of the Wayland water supply.
The Town Counsel ruled Mr. Dik's Substitute Motion out of order, under the wording of the Article.
Upon motion, duly seconded, by Mr. Robert M. Morgan, for "the previous question," it was
Voted by counted vote:
"Yes" 586 "No" 9
The required 2/3 vote was declared to have carried.
Upon the main Motion of Dr. Jenkins, it was
Voted by Counted Vote:
"Yes" 170 "No. 392. The Motion was lost.
Article 19: To see if the Town will vote to amend the Zoning By-Laws and the Zoning Map to create a Flood Plain District and to regulate the construction of buildings in such District, and the use of land, or take any action relative thereto.
In making the following motion, a reading of the text, of the pro- posed new Section XB to be added to the Zoning By-Law, was omitted by unanimous consent of the Meeting, since the exact wording had been distributed at the door of the March 5th meeting as well as that of March 12th.
Duly seconded, Mr. L. William Bertelsen made the following
MOTION: That the Town amend the Zoning By-Law by inserting after Section XA, a new Section XB, as follows:
FLOOD PLAIN DISTRICT
Section XB
(a) The purpose of this section is to promote the health and safety of the occupants of lands deemed subject to seasonal or periodic flooding. In the Flood Plain District any use otherwise permitted by this By-Law shall be permitted except that no building intended for human occu- pancy shall be erected or placed in the Flood Plain District unless a permit for such building has been issued by the Board of Appeals created under Section X after a hearing with due notice given. Said permit shall state the conditions under which said building may be erected or placed in the Flood Plain District.
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(b) Any person desiring a permit to erect or place a building intended for human occupancy within the Flood Plain District shall submit an application to the Building Inspector, who shall transmit it forthwith to the Board of Appeals. The application shall be accom- panied by plans of the building and of the premises on which it is to be situated, which plans shall have been approved by the Board of Health. No building permit shall be issued until the Board has issued a permit under this section or has allowed forty-five (45) days to elapse after receipt of the application without acting thereon.
(c) The Board shall issue a permit under this section if it finds that the use of the premises will not endanger the health or safety of the occupants thereof or of other land in the Flood Plain District. In deciding applications for a permit under this section, but without limiting the generality of the foregoing, the Board shall assure to a degree consistent with reasonable use of the premises for purposes per- mitted in the district in which located
1. That the floor level of areas to be occupied by human beings shall be at an elevation above mean sea level of at least 125 feet.
2. That other land in the Flood Plain District is protected against detrimental, or offensive, uses of the premises.
3. That safe vehicular and pedestrian movement to, over and from mean the premises is provided over ways having an elevation above sea level of at least 125 feet.
4. That the methods of drainage are adequate.
5. That the methods by which the premises are filled or otherwise elevated, as may be required, will assure that the premises are free from danger to the health or safety of the occupants thereof.
(d) Nothing contained in this Section XB shall limit the authority of the Board of Health with respect to premises in the Flood Plain Dis- trict or affect the applicability of the Wayland Building Code to any building in the Flood Plain District.
(e) A Site Plan Approval issued by the Board of Appeals or a building permit issued by the Building Inspector before the effective date of this Section XB shall be deemed to be a permit hereunder.
Mr. Bertelsen read the Report of the Planning Board relating to Articles 19 and 20 and placed the Report on file with the Town Clerk.
Upon First Vote there were scattering "No's"
Upon Second Vote there were scattering "No's"
Counted Vote: "Yes" 405, "No" 12. Total 417.
The required 2/3 vote was declared to have carried.
Article 20: To see if the Town will vote to amend the Zoning By-Laws and the Zoning Map by designating as a Flood Plain District all, or part of the land, in the Sudbury River Valley having an elevation above mean sea level of less than 124 feet, as shown on a proposed Zoning Map on file with the Town Clerk, or take any action relative thereto.
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In making the following Motion, a reading of the text of "Section III A," which the motion proposed to add to the Zoning By-Law. was omitted, in the absence of any objection from the floor.
Upon motion of Mr. Bruce F. Kingsbury, duly seconded, it was
Voted unanimously: That the Zoning By-Law be amended by in- serting after Section III, a new Section III A, as follows: Section III A
A Flood Plain District is shown, defined and bounded on a map accompanying this By-Law, entitled "Flood Plain, Wayland, Massachu- setts" endorsed "Approved by the Wayland Planning Board, February 24, 1958," and on file with the Town Clerk, and said map and all ex- planatory matter thereon are hereby made a part of this By-Law. The provisions of Section XB shall apply to land in the Flood Plain District and the other provisions of this By-Law and its District designations as existing before the enactment of this Section III A and Section XB shall also apply to land in the Flood Plain District.
Article 21: To see if the Town will vote to amend the Zoning By-Laws and the Zoning Map by making the following changes in dis- trict boundaries, or take any action relative thereto:
Change from Business District A to Residence District - 20,000 sq. ft., 120 ft. front, that portion of land bound northerly by land now or formerly of Charles B. and Georgena J. Tillson; land now or formerly of Bernard and Polly S. Bloomstein; land now or formerly of Thomas D. Ward, Jr. and the north bound line of Business District A; Southerly by Commonwealth Road; Westerly by School Street; and Easterly by land now or formerly of George I. and Maude J. Wilbur.
Duly seconded, Mr. Robert G. Fleuriot made the following
MOTION: That the town amend the Zoning By-Laws and the Zoning Map by making the following changes in the district boundaries:
Change from Business District A to Residence District - 20,000 sq. ft., 120 ft. front, that portion of land bound northerly by land now or formerly of Charles B. and Georgena J. Tillson; land now or formerly of Bernard and Polly S. Bloomstein; land now or formerly of Thomas D. Ward, Jr. and the north bound line of Business District A; Southerly by Commonwealth Road; Westerly by School Street; and Easterly by land now or formerly of George I. and Maude J. Wilbur.
Upon motion, duly seconded, by Mr. Frank W. Kilburn and by unanimous consent of the Meeting, the wording of the description of the property affected by this Motion, was corrected by the addition after "Commonwealth Road" of the words: "East, and East Plain Street," so as to read, "Southerly by Commonwealth Road East, and East Plain Street; Westerly, . . . etc."
Upon Mr. Fleuriot's Motion, as corrected, it was voted by
Counted Vote: "Yes" 169. "No" 193. The Motion was lost.
The Report of the Planning Board with Recommendations, in regard to Article 21, had been presented by Mr. Edward F. Thorburn.
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Article 22: To see if the Town will vote to amend the Zoning By-Laws and the Zoning Map by changing from Business District A to Residence District -20,000 sq. ft., 120 ft. front, the following area, or take any action relative thereto:
Land on the Southerly side of Commonwealth Road at the inter- section of said road with East Plain Street, bounded: Easterly by land of the Town of Wayland; Southerly by the present boundary of Business District A; and Westerly by the present Westerly boundary of Business District A.
Duly seconded, Mrs. Natalie E. Davis made the following
MOTION: That the Town amend the Zoning By-Laws and the Zoning Map by changing from Business District A to Residence District -20,000 sq. ft., 120 ft. front, the following area:
Land on the Southerly side of Commonwealth Road at the intersec- tion of said road with East Plain Street, bounded: Easterly by land of the Town of Wayland; Southerly by the present boundary of Business District A; and Westerly by the present Westerly boundary of Business District A.
Mr. Frederick G. Perry, Jr. reported for the Planning Board and gave the Recommendations of that Board in regard to this Article.
Upon Mrs. Davis' Motion, it was voted by
Counted Vote: "Yes" 190, "No" 139. Total: 329
The required 2/3 of this total being 219, the vote did not carry.
Article 23: To see if the Town will vote to amend the Zoning By-Laws by adding a new Section V, Sub-section (m-m), to read as follows:
The keeping of trucks, construction equipment and machinery in a residence district is prohibited except that on any premises one (1) truck regularly used by a resident occupant of the premises may be kept inside a garage, and except as authorized by permit from the Board of Appeals in accordance with Section V (r). This sub-section shall not apply to farm trucks and equipment principally used in the operation of a farm and regularly housed in a barn or other farm structure on the premises.
Upon motion of Mr. Kilburn, duly seconded, it was
Voted unanimously: That the article be passed over.
Article 24: To see if the Town will vote to accept as a public Town way, the relocation of the road known as "Claypit Hill Road" or a portion or portions thereof, as laid out by the Board of Selectmen and as shown on plans on file with the Town Clerk; to authorize the Board of Selectmen to acquire the necessary land, including easements for drainage, by purchase, gift, eminent domain or otherwise; to appropriate and assess a sum of money for the acquisition of such land or any por- tion thereof; and for other costs in connection therewith; or take any action relative thereto.
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Upon Motion, duly seconded, of Mr. William A. Loker, no objection being raised, the Town dispensed with a reading of the Order of the Board of Selectmen Laying Out Claypit Hill Road.
Duly seconded, Mr. Loker made the following
MOTION: That the Town accept the laying out as a public way the relocation of the road known as "Claypit Hill Road" as designated in the Order of Laying Out of the Board of Selectmen dated February 22, 1958, as shown on the plan entitled "Plan and Profile and Taking of Claypit Hill Road, Wayland, Mass." dated November 25, 1957, made by Everett M. Brooks, C.E., which is on file with the Town Clerk; that the Board of Selectmen be authorized to acquire the necessary land (in- cluding easements for drainage) by purchase, gift, eminent domain or otherwise; and that there be appropriated and assessed the sum of $100 for the acquisition of such land and easements and for other costs in connection therewith.
Mr. William R. Hulbert read a letter to the Board of Selectmen from the Chief Forester of the Division of Forests and Parks, in the Massachusetts Department of Natural Resources. This letter took note of a report that an apparently blight-free chestnut tree, about 8 inches in diameter and forty feet in height, had been found on the property of Georges H. Barrell; and urged that the tree be preserved in the hope of propagating a new race of blight resistant chestnut trees. Apparently this tree stands near or within the bounds of the taking described in this Article.
Mr. Hulbert also cited G. L. Ch. 87, Section 3, restricting the cutting of a public shade tree, and expressed an earnest hope that this long- standing section of the law would be observed.
With the First Vote taken under Mr. Loker's Motion, there were scattering "No's."
The Second Vote was unanimously in favor of the Motion.
Article 25: To see if the Town will vote to accept as public ways the following roads:
(1) That portion of Dean Road to Station 14 + 0;
(2) That portion of Old Tavern Road to Station 14 + 50;
(3) That portion of Bald Rock Road to Station 25 + 75;
(4) That portion of Snake Brook Road to Station 15 + 50; or either of them, or any portion thereof, as laid out by the Board of Selectmen and as shown on plans on file with the Town Clerk and to authorize the Board of Selectmen to acquire any necessary land or in- terest therein by deed, gift or eminent domain and to raise and appro- priate a sum of money for such acquisition by eminent domain without any appropriation of money for further construction of said roads under the Betterment Act, or otherwise, or take any action relative thereto.
With unanimous consent of the Meeting, the reading of the Order of the Board of Selectmen Laying Out Dean Road, Old Tavern Road, Bald Rock Road and Snake Brook Road was dispensed with.
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Upon motion of Mr. Loker, duly seconded, it was
Voted unanimously: That the Town accept the laying out as public Town ways of:
(1) That portion of Dean Road to Station 14 + 0;
(2) That portion of Old Tavern Road to Station 14 + 50;
(3) That portion of Bald Rock Road to Station 25 + 75;
(4) That portion of Snake Brook Road to Station 15 + 50; as designated in the Order of Laying Out of the Board of Selectmen dated February 22, 1958 as shown on plan entitled "Sub-Division of Land in Wayland, Mass. Owned by Heslin Estate," dated August 15, 1955, made by MacCarthy Engineering Service, Inc., which is on file with the Town Clerk; that the Board of Selectmen be authorized to acquire the necessary land (including easements for drainage) by deed, gift or eminent domain and that the sum of $10 be appropriated and assessed for the acquisition of such land and easements and for other costs in connection therewith.
Article 26: To see if the Town will vote to accept as public ways the following roads, or any of them, or any portion thereof as laid out by the Board of Selectmen, and as shown on plans on file with the Town Clerk; and to authorize the Board of Selectmen to acquire any necessary land or interest 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 any of said roads, under the Betterment Act or otherwise; or take any action relative thereto - the roads above referred to being the following:
The portion of Woodridge Road from the Easterly end of the portion thereof previously accepted as a public way to Rice Road.
The portion of Brook Trail Road from Woodridge Road to the Southwesterly boundary of Lot 11-2 shown on the plan entitled "Sub- division Plan of Woodridge No. 11 in Wayland, Mass." dated June 30, 1955 by William J. Ford, Jr., Civil Engr., recorded with Middlesex South District Deeds as Plan #395 of 1956.
With unanimous consent of the Meeting, the reading of the Order of the Board of Selectmen Laying Out a portion of Woodridge Road and a portion of Brook Trail Road was dispensed with.
Upon motion of Mr. Loker, duly seconded, it was
Voted unanimously: That the Town accept the laying out as public Town ways that portion of Woodridge Road and that portion of Brook Trail Road as are designated in the Order of Laying Out of the Board of Selectmen dated February 22, 1958, as shown on a plan entitled "Subdivision Plan of Woodridge No. 9 in Wayland - Mass. Owned and Developed by Wayland Real Estate Company," dated May 3, 1954 by William J. Ford, Jr., Civil Engineer, recorded in Book 8219, Page 138, and shown on a plan entitled "Subdivision Plan of Woodridge No. 11 in Wayland - Mass." dated June 30, 1955, by William J. Ford, Jr., Civil Engineer, and on a plan entitled "Woodridge No. 13 Plan and Profile
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of Part of Woodridge Road, Wayland, Mass. Owned and Developed by the Wayland Real Estate Company," dated November 3, 1955, by Wil- liam J. Ford, Jr., Civil Engineer, 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 there be appropriated and assessed the sum of $10 for the acquisition of such land and easements and for other costs in connection therewith.
Upon motion, duly seconded, it was
Voted: To adjourn the Meeting, at 11:55 P. M .; and in accordance with vote taken at the March 5th Meeting, to reconvene on Wednesday, March 19, 1958, at 7:45 P. M.
A true copy,
Attest:
LEILA SEARS, Town Clerk of Wayland
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VOTES ENACTED AT THE ADJOURNED ANNUAL TOWN MEETING
Held: Wednesday, March 19, 1958
Town Clerk's Office Wayland, Massachusetts
Howard S. Russell, Moderator :-
Pursuant to the vote of adjournment made at the Annual Town Meeting of Wednesday, March 5, 1958 and at the Adjourned Annual Town Meeting of Wednesday, March 12, 1958, notice of both said ad- journments having been sent to the people, the citizens of the Town of Wayland qualified to vote in Town Meeting, met this day; at 7:45 P. M. the Moderator called the meeting to order, declared a quorum to be present and, under the Warrant for said Annual Town Meeting, the citizens proceeded to transact the following business:
Article 27: To see if the Town will vote to accept as public ways the following roads, or either of them, or any portion thereof, as laid out by the Board of Selectmen, and as shown on plans on file with the Town Clerk; and to authorize the Board of Selectmen to acquire any necessary land or interest 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 any of said roads under the Betterment Act or otherwise; or take any action relative thereto - the roads above referred to being the following:
Adams Lane and Three Ponds Road as shown on plan entitled "Sub- division Plan of Land in Wayland, Mass. owned by: Gerald Henderson, Tr." dated June 1, 1955, by Everett M. Brooks Co., Civil Engrs., recorded with Middlesex South District Deeds in Book 8600, end.
By unanimous consent of the Meeting, the reading of the Order of the Board of Selectmen Laying Out Adams Lane and Three Ponds Road was dispensed with.
Upon motion of Mr. William A. Loker, duly seconded, it was
Voted unanimously: That the Town accept as public Town ways Adams Lane and that portion of Three Ponds Road as are designated in the Order of Laying Out of the Board of Selectmen dated February 22, 1958 as shown on a plan entitled "Subdivision Plan of Land in Wayland, Mass. Owned by Gerald Henderson, Trustee," dated June 1, 1955, made by Everett M. Brooks Co., Civil Engineers, recorded at the end of Record Book 8600 which is on file with the Town Clerk; that the Board of Selectmen be authorized to acquire any necessary land, in- cluding easements for drainage, by deed, gift, eminent domain or other- wise; and that $1.00 be appropriated and assessed for the acquisition of such land and easements and for other costs in connection therewith.
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Article 28: To see if the Town will vote to accept as a public Town way and to construct the road known as "Wallace Road," or a portion or portions thereof, as laid out by the Board of Selectmen and as shown on plans on file with the Town Clerk; to authorize the Board of Select- men to acquire the necessary land, including easements for drainage, by purchase, gift, eminent domain or otherwise; to appropriate and assess a sum of money for the acquisition of such land or any portion thereof, the construction of such way; and for other costs in connection thereto, with betterments to be assessed; or take any action relative thereto.
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