Official reports of the town of Wayland 1957-1959, Part 31

Author: Wayland (Mass.)
Publication date: 1957
Publisher: Printed at the Middlesex Freeman Office
Number of Pages: 662


USA > Massachusetts > Middlesex County > Wayland > Official reports of the town of Wayland 1957-1959 > Part 31


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Voted unanimously: That the reading of the order of the Board of Selectmen laying out Pelham Island Road be dispensed with.


Duly seconded, Mr. Wilson offered the following


MOTION: That the Town accept the laying out as a public town way that portion of Pelham Island Road as shown on plan entitled "Plan of Part of Pelham Island Road in Wayland, Massachusetts," dated October 31, 1958 by Everett M. Brooks Company, 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 purchase, gift, eminent domain or otherwise and that there be appropriated and assessed the sum of $13,000 for the acquisi- tion of such land and easements, for the reconstruction of the road and for other costs in connection therewith.


Mr. Wilson then read the Report of the Pelham Island Road Com- mittee, which was placed on file with the Town Clerk.


Duly seconded, Mr. Paul J. Pontecorvo offered an amendment in the following


MOTION: That the motion as read be amended by adding the fol- lowing sentence: "and that the funds here appropriated shall be expended only for that portion of the road between station 12 + 50 and station 24 + 0."


Upon this amendment it was


Voted: The 1st vote was in doubt;


The 2nd vote was declared as "No." Seven (7) persons having challenged the vote, there was a


Counted Vote: "Yes" 150, "No" 125.


A MOTION of Mr. Morgan, duly seconded, "To adjourn the Meet- ing until a week from tonight at 7:45 P. M" was


Voted: In the negative.


Upon motion of Mr. Morgan, duly seconded, it was


Voted: To amend the main Motion of Mr. Wilson, as amended by Mr. Pontecorvo, by the addition of the words, "That no funds be expended until the engineering on the entire road has been completed."


Upon the main Motion, as twice amended, it was


Voted: In the negative.


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Article 22 having been declared disposed of, and,


Upon motion, duly seconded, it was


Voted: To adjourn until next Wednesday, March 18, 1959, at 7:45 P. M.


This vote was accomplished at 11:00 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: March 18, 1959


Town Clerk's Office Wayland, Massachusetts


Roger P. Stokey, Moderator :-


Pursuant to the Warrant dated February 2, 1959, for the Annual Town Meeting, duly signed by the Selectmen, served and return of service given by a Constable of the Town, and continuance being held in accordance with votes taken at the Meeting of March 4, 1959, and at the adjourned Meeting of March 11, 1959, the inhabitants of the Town of Wayland qualified to vote in Town Meeting, met this day; and at 7:45 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 23: To see if the Town will vote to raise and appropriate a sum of money for Rubbish Disposal and authorize the Board of Selectmen to enter into necessary contracts for such purpose; or take any action relative thereto.


Upon motion of Mr. Robert M. Morgan, duly seconded, it was Voted: That the article be passed over.


Article 24: To see if the Town will vote to authorize the pur- chase, take eminent domain, gift or otherwise, a drainage easement through and over certain parcels of land shown on "Plan and Profile of Wallace Road in Wayland, Mass.", by Everett M. Brooks Co., C. E.'s, dated January 28, 1958, bounded and described as follows:


(a) An easement for drainage purposes, twenty (20) feet wide, across land now or formerly of Alfred L. and Mildred E. White, com- mencing at a point on the Northwesterly endline of Wallace Road a distance of nine (9) feet, more or less, from the Southwesterly sideline of Wallace Road; thence running across said land of White, one hundred forty-three (143) feet, more or less, to the land of the Com- monwealth of Massachusetts; thence running


NORTHEASTERLY twenty-one (21) feet, more or less; and thence runs


SOUTHEASTERLY across said land of White, one hundred twenty-eight (128) feet, more or less, to a point on the North- westerly endline of Wallace Road a distance of nine (9) feet, more or less;


SOUTHWESTERLY from the Northeasterly sideline of Wallace Road.


(b) An easement for drainage purposes, twenty (20) feet wide, across land now or formerly of Edward D. and Dorothy W. Lee, bounded and described as follows:


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Commencing on the Northeasterly sideline of Wallace Road at the boundary line between said land of Lee and land now or formerly of Faith R. Dame and running on said boundary line


NORTH 31° 09' 35" EAST one hundred seventy-two and 15/100 (172.15) feet to the Westerly sideline of Ravine Road; thence running


SOUTH 14° 43' 57" EAST by said Ravine Road, twenty-seven and 85/100 (27.85) feet; thence running


SOUTH 31° 09' 35" WEST over land of said Lee, one hundred fifty-two and 76/100 (152.76) feet to the Northeasterly side- line of Wallace Road, thence running


NORTH 58° 50' 25" WEST by the Northeasterly endline of Wallace Road twenty (20) feet to the point of beginning.


and appropriate and assess a sum of money therefor, or take any action relative thereto.


In the absence of any objection, the Moderator and the maker of the following Motion, omitted the reading of land descriptions in this Article, since the wording followed exactly the wording of the Article.


Upon Motion of Mr. William A. Loker, duly seconded, it was


Voted unanimously: That the Town authorize the Board of Selectmen, with the approval of the Town Counsel, to purchase, take by eminent domain, gift or otherwise, on behalf of the Town, a drain- age easement through and over certain parcels of land shown on "Plan and Profile of Wallace Road in Wayland, Mass.", by Everett M. Brooks Co., C. E.'s dated January 28, 1958, bounded and described (as given under Article 24 of this Warrant) ; and appropriate therefor the sum of $10.00 for Parcel (a) and $10.00 for Parcel (b).


Article 25: To see if the Town will vote to authorize the pur- chase, take by eminent domain, gift or otherwise, a drainage easement, twenty (20) feet in width, through and over certain parcels of land now or formerly of Tisdale and Maguire, shown on a plan entitled "Plan of Land in Wayland, Mass. (showing Town of Wayland drain easement)" by Everett M. Brooks Co., C. E., dated November 20, 1958, bounded and described as follows:


Beginning on the Northwesterly sideline of Charles Street at the lot corner between lots #24 and #25, as shown on said plan; thence


SOUTH 51° 38' 30" West sixteen and 21/100 (16.21) feet; thence WESTERLY on a curve to the right with a radius of forty and 35/100 (40.35) feet a distance of three and 80/100 (3.80) feet; thence


NORTH 38° 21' 30" West a distance of two hundred twenty-four and 51/100 (224.51) feet to the Southeasterly sideline of Maguire Road; thence turning and running


NORTHEASTERLY along the sideline of Maguire Road on a curve to the right with a radius of forty and 35/100 (40.35) feet a distance of twenty and 93/100 (20.93) feet; thence


SOUTH 38° 21' 30" East a distance of two hundred thirty (230) feet to point of beginning.


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and appropriate and assess a sum of money therefor, or take any action relative thereto.


There being no objection voiced from the floor, the Moderator and the maker of the following Motion, omitted reading the description of land referred to in this Article, since the wording followed exactly that of the Article as printed in the Warrant.


Upon Motion, duly seconded, of Mr. Loker, it was


Voted unanimously: That the Town authorize the Board of Selectmen, with the approval of the Town Counsel, to purchase, take by eminent domain, gift or otherwise, on behalf of the Town a drainage easement, twenty (20) feet in width, through and over certain parcels of land now or formerly of Tisdale and Maguire, shown on a plan entitled "Plan of Land in Wayland, Mass. (showing Town of Wayland drain easement)" by Everett M. Brocks Co., C. E., dated November 20, 1958, bounded and described (as given under Article 25 of this Warrant) ; and appropriate therefor the sum of $10.00.


Article 26: To see if the Town will vote to authorize the pur- chase, take by eminent domain, gift or otherwise, a drainage easement, twenty (20) feet in width, through and over certain parcels of land now or formerly of Demone, shown on a plan entitled "Plan of Land in Wayland, Mass. (showing Town of Wayland Drain Easement)" by Everett M. Brooks Co., C. E., dated November 29, 1958 bounded and described as follows:


Beginning on the Northwesterly sideline of Concord Road at the corner between Lots #4 and #5, as shown on said plan; thence


NORTH 52° 47' 37" West a distance of one hundred thirteen (113) feet; thence


NORTH 29º 39' 00" West a distance of three hundred (300) feet; thence


NORTH 52° 18' 12" West a distance of two hundred ninety-one and 07/100 (291.07) feet; thence


NORTH 24° 10' 27" East a distance of twenty and 57/100 (20.57) feet; thence


SOUTH 52° 18' 12" East a distance of two hundred ninety-nine and 89/100 (299.80) feet; thence


SOUTH 29º 39' 00" East a distance of two hundred ninety-nine and 92/100 (299.92) feet; thence


SOUTH 52° 47' 37" East a distance of one hundred nine and 34/100 (109.34) feet to the Northwest sideline of Concord Road to the point of beginning.


and appropriate and assess a sum of money therefor, or take any action relative thereto.


In the absence of any objection, the Moderator and the maker of the following Motion, omitted to read the land description concerned in this Article, since the wording followed exactly that of the Article as printed in the Warrant.


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Upon Motion of Mr. Loker, duly seconded, it was


Voted unanimously: That the Town authorize the Board of Selectmen, with the approval of the Town Counsel, to purchase, take by eminent domain, gift or otherwise, on behalf of the Town, a drainage easement, twenty (20) feet in width, through and over certain parcels of land now or formerly of Demone, shown on a plan entitled "Plan of Land in Wayland, Mass. (showing Town of Wayland Drain Easement) " by Everett M. Brooks Co., C. E., dated November 29, 1958, bounded and described (as given under Article 26 of this Warrant) and appropriate therefor the sum of $10.00.


Article 27: To see if the Town will vote to authorize the pur- chase, take by eminent domain, gift or otherwise, a drainage easement, twenty (20) feet in width, through and over certain parcels of land now or formerly of Kerr, shown on a plan entitled "Plan of Land in Wayland, Mass. (showing Town of Wayland drain easement)" by Everett M. Brooks Co., C. E., dated May 6, 1958, bounded and described as follows :


Beginning on the Southwesterly sideline of Oxbow Road at a point two (2) feet more or less Northwesterly of the Northwesterly lot corner of Kerr as shown on said plan; thence


SOUTH 32° 18' 20" West one hundred seventy-six (176) feet, more or less, thence


SOUTH 20° 03' 50" West five hundred and ten (510) feet, thence


NORTH 69° 56' 10" West twenty (20) feet; thence


NORTH 20° 03' 50" East five hundred and twelve and 15/100 (512.15) feet; thence


NORTH 32° 18' 20" East one hundred eighty feet (180) feet, more or less to point of beginning.


and appropriate and assess a sum of money therefor, or take any action relative thereto.


In the absence of any objection, the Moderator and the maker of the following Motion, omitted to read the land description concerned in this Article, since the wording followed exactly that of the Article as printed in the Warrant.


Upon Motion of Mr. Loker, duly seconded, it was


Voted unanimously: That the Town authorize the Board of Selectmen, with the approval of the Town Counsel, to purchase, take by eminent domain, gift or otherwise, on behalf of the Town, a drainage easement, twenty (20) feet in width, through and over certain parcels of land now or formerly of Kerr, shown on a plan entitled "Plan of Land in Wayland, Mass. (showing Town of Wayland drain easement)" by Everett M. Brooks Co., C. E., dated May 6, 1958, bounded and described (as given under Article 27 of this Warrant) and appropriate therefor the sum of $10.00.


Article 28: To see if the Town will vote to authorize the pur- chase, take by eminent domain, gift or otherwise, a drainage easement


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through and over certain parcels of land shown on a plan entitled "Plan of Land in Wayland, Mass." dated November 14, 1958, by Everett M. Brooks Co., Civil Engineers, bounded and described as follows:


(a) Beginning at a point on the Northerly sideline of Lakeview Road at the Westerly sideline of Lots #73 - #78, as shown on said plan; thence running at right angles to the Northerly side of Lakeview Road along the Westerly boundary line of Lots 73 - 78 and of Lots 138 - 141 on said plan, two hundred (200) feet to the Southerly sideline of Sunset Road; thence running


EASTERLY on said Sunset Road twenty (20) feet; thence running SOUTHERLY by a line parallel with and twenty (20) feet distant from the first described line, two hundred (200) feet to Lake- view Road; thence running


WESTERLY by Lakeview Road, twenty (20) feet to the point of beginning.


(b) Beginning on the Northerly sideline of Sunset Road at a point distant fourteen (14) feet Westerly from the Easterly boundary line of lots 161 - 169 on said plan; thence running


NORTHWESTERLY one hundred twenty-five and 28/100 (125.28) feet to a point on the dividing line between lots 161 - 169 and Lots 296 - 243 and 244 on said plan, distant eighty-nine and 47/100 (89.47) feet Westerly from the Easterly sideline of Lots 161 - 169; thence running


NORTHERLY one hundred twenty-seven and 34/100 (127.34) feet to a point on the Southerly sideline of Dudley Road distant sixty-nine and 39/100 (69.39) feet Westerly from the Easterly sideline of Lots 296, 243 and 244 on said plan; thence running WESTERLY by Dudley Road, twenty-one and 32/100 (21.32) feet; thence running


SOUTHERLY one hundred thirty-eight and 04/100 (138.04) feet in a line parallel to and twenty (20) feet distant from the second herein described line; thence running


SOUTHEASTERLY one hundred thirteen and 50/100 (113.50) feet in a line parallel to and twenty (20) feet distant from the first herein described line to the Northerly sideline of Sunset Road; thence running


EASTERLY on Sunset Road, twenty-five and 06/100 (25.06) feet to the point of beginning.


Said described land being a twenty (20) foot wide easement; and will appropriate and assess a sum of money therefor, or take any action relative thereto.


In the absence of any objection, the Moderator and the maker of the following Motion, omitted to read the land descriptions concerned in this Article, since the wording followed exactly that of the Article as printed in the Warrant.


Upon Motion of Mr. Loker, duly seconded, it was


Voted unanimously: That the Town authorize the Board of Selectmen, with the approval of the Town Counsel, to purchase, take


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by eminent domain, gift or otherwise, on behalf of the Town, a drainage easement through and over certain parcels of land shown on plan entitled "Plan of Land in Wayland, Mass." dated November 14, 1958, by Everett M. Brooks Co., Civil Engineers, bounded and described (as given under Article 28 of this Warrant) . .. and appropriate therefor the sum of $10.00 for Parcel (a) and $10.00 for Parcel (b).


Duly seconded, Mr. Robert M. Morgan, made the following


MOTION : To return to Article 4, for the purpose of adding to the appropriation for Snow Removal under Highway Department.


Duly seconded, Mr. John W. Leavitt made the following


MOTION: That the motion to return to Article 4 be amended by adding: "and for the purpose of reinstating the Finance Committee's original recommendation: Legion Post's quarters - $600, Veterans of Foreign Wars' quarters - $600."


Duly seconded, Mr. Henry G. Pearson made the following


MOTION: That the motion to return to Article 4 be amended by adding: "And also to reconsider Items #17 and #18 under the School Department's Budget."


Upon Mr. Leavitt's Amendment: There was a


Counted Vote: "Yes" 166, "No" 109.


After some discussion upon Mr. Pearson's Amendment, Mr. Cox of the Board of Selectmen read the following Statement:


The Board of Selectmen would like to clarify their position with respect to space for the School Department in the Town Office Building.


First. The Selectmen can certainly permit the School Department to continue in the space presently assigned.


Second. The Selectmen are convinced that with reasonable co-operation from other Town Boards, additional space can be made available. The Selectmen have arranged to cooperate by arranging for full daytime use of the Selectmen's Room by the School Department.


Third. It is impossible to say how long these arrangements will prove sufficient, but the Selectmen never intended to represent that they are a permanent solution to the problem of providing space for admin- istrative officials in the School Department. The Town Office Building solution is temporary, whether it lasts one, two, three or four years. Therefore, a proper permanent solution is required.


Fourth. The Selectmen as individuals continue to believe that the purchase proposed in the School Budget is unwise.


Upon expressions from School Board members, of satisfaction with the previous vote, deleting Items #17 and #18 from the School Dept. budget, Mr. Pearson, with unanimous consent of the Meeting, withdrew his Motion to amend Mr. Morgan's Motion.


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Upon Mr. Morgan's Motion: First Vote being quite divided, there was a


Counted Vote: "Yes" 205, "No" 86, Total: 291.


The required 23 vote was declared to have carried in favor of returning to Article 4.


Upon motion of Mr. Morgan, duly seconded, it was


Voted unanimously: That the Town reconsider action under the Highway Department Item relating to Snow Removal.


Upon motion of Mr. Morgan, duly seconded, it was


Voted unanimously: That there be added to the original appro- priation under the Highway Department - Snow Removal, the amount of $3,000.


Upon motion of Mr. Leavitt, duly seconded, it was


Voted: That the Town reconsider Items #5 and #6 under Unclassi- fied in the Budget.


Declaration of the First Vote having been challenged by more than seven (7) persons, who arose in doubt, there was a


Counted Vote: "Yes" 171, "No" 116.


Upon motion of Mr. Leavitt, duly seconded, it was


Voted: That the amount of $600 for the American Legion quarters and $600 for Veterans of Foreign Wars quarters, under Unclassified Items #5 and #6 be reinstated in the Budget.


Duly seconded, Mr. John B. Wilson made the following


MOTION: To return to Article 22.


Upon this Motion, it was


Voted: In the negative.


Duly seconded, Mr. Kilburn made the following MOTION: To return to Article 18.


Upon first Vote there was a scattering "No."


The Second Vote was unanimously in favor of Mr. Kilburn's Motion.


Upon motion of Mr. Kilburn, duly seconded, it was


Voted unanimously: That the Town reconsider its vote under this Article.


Upon motion of Mr. Kilburn, duly seconded, it was


Voted unanimously: That a license be and hereby is granted to Donald K. Ide and his successors in title to premises abutting land of the Town of Wayland on Reeve's Hill and shown on a plan by A. E. Sanderson, Reg. Land Surveyor, dated September 15, 1955, and recorded with Middlesex County South District Registry of Deeds, Book 8615, Page 455, to use the road over said Town land from Old Connecticut Path to the Wood Road, so-called, as a means of ingress to and egress from said premises and for all purposes in connection therewith for


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which ways commonly are or may be used in the Town of Wayland. The license hereby granted may be revoked at any time by a majority vote of members of the Board of Selectmen and Board of Water Com- missioners, acting jointly, or by a majority vote of the Town at an annual or special town meeting. The Board of Selectmen hereby are authorized and directed in the name and behalf of the Town of Wayland to execute, seal, acknowledge and deliver to the said Donald K. Ide a written license having the foregoing provisions and such other provi- sions not inconsistent herewith as they shall deem advisable.


Article 29: To see if the Town will vote to amend the Zoning By-Laws by deleting from Section V, Sub-section (r) the words, "con- stitute a nuisance" and insert in place thereof the words "be detri- mental or offensive," or take any action relative thereto.


Duly seconded, Mr. Gordon E. Gott offered the following


MOTION: That the Zoning By-Laws of the Town be amended by deleting from Section V, Sub-section (r) the words, "constitute a nuisance" and inserting in place thereof "be detrimental or offensive."


Mr. Gott read the Report of the Planning Board with the Recom- mendations of that Board, and filed the Report with the Town Clerk.


Upon Mr. Gott's Motion, it was


Voted unanimously : In favor.


Article 30: To see if the Town will vote to amend Section V, Sub-Section (q) of the Zoning By-Laws relating to the removal of sod, loam, sand, gravel, or quarried stone; or take any action relative thereto.


Duly seconded, Mr. Edward F. Thorburn offered the following


MOTION: That Section V, Sub-Section (q) of the Zoning By-Laws be amended by adding the following sentence: "Before a permit is issued the applicant shall show to the satisfaction of the Board that the removal will not impair the usability of the area for the purposes permitted by this By-Law, that the grades to be established within the area will permit vehicular access to the area and the continuation of streets from the abutting premises, and that the area may ultimately be developed compatibly with the neighboring land."


Mr. Thorburn read the Report and Recommendations of the Plan- ning Board in regard to this Article and placed the Report on file with the Town Clerk.


Upon Mr. Thorburn's Motion, it was


Voted unanimously: In favor.


Article 31: To see if the Town will vote to amend the Zoning By-Laws and the Zoning Map as follows :


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To change from Residence District thirty thousand (30,000) square feet, one hundred fifty (150) foot frontage to Residence District twenty thousand (20,000) square feet, one hundred twenty (120) foot frontage, the land shown on plan entitled "Plan of Land in Wayland-Natick, Mass.", by William J. Ford, Jr., C. E., dated November 2, 1956, bounded and described as follows:


Parcel A


WESTERLY and NORTHWESTERLY one thousand six hundred fifty-four (1,654.) feet, more or less, by the center line of Snake Brook;


SOUTHEASTERLY one thousand one hundred and ten (1,110) feet more or less, by the Northwest sideline of Loker Street;


SOUTHERLY five hundred eighty-four (584) feet, more or less, by the Northerly sideline of Commonwealth Road


Parcel B


NORTHWESTERLY one thousand ninety-five (1,095) feet, more or less, by the Southeast sideline of Loker Street;


NORTHERLY two hundred twenty (220) feet, more or less, by the center line of Snake Brook;


NORTHEASTERLY eight hundred (800) feet, more or less, by the Southwesterly sideline of Thompson Street;


NORTHEASTERLY and EASTERLY two hundred (200) feet, more or less, by the curved sideline of Thompson Street and Rice Road;


EASTERLY two hundred sixty-seven (267) feet, more or less, by the Westerly sideline of Rice Road;


SOUTHERLY eight hundred forty-five and 52/100 (845.52) feet, by the Northerly sideline of Commonwealth Road;


WESTERLY two hundred (200) feet;


SOUTHERLY one hundred fifty (150) feet;


EASTERLY two hundred (200) feet;


SOUTHERLY three hundred fifty-three and 20/100 (353.20) feet, more or less, by the Northerly sideline of Commonwealth Road


Parcel C


WESTERLY three hundred twenty (320) feet, more or less, by the center line of Snake Brook;


NORTHEASTERLY nine hundred seventy-two and 70/100 (972.70) feet, more or less, by the Southeasterly sideline of the Com- monwealth of Massachusetts Aqueduct;


SOUTHEASTERLY five hundred fifty (550) feet, more or less, by the Northwesterly sideline of Rice Road;


SOUTHWESTERLY nine hundred (900) feet, more or less, by the Northeasterly sideline of Thompson Street


or take any action relative thereto.


The Moderator omitted to read the descriptions of the parcels of land concerned, with unanimous consent of the Meeting.


Upon Motion of Mr. Dominic Anzivino, duly seconded, it was Voted unanimously: That the article be passed over.


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Article 32: To see if the Town will vote to amend the Building Code by adding at the end of Chapter V, Section 3, Sub-Section (b), the following :


"No chimney shall be built out of plumb more than one-third of its area, unless it is built into masonry or concrete wall. If a chimney is dangerous from any cause, it shall be repaired and made safe or taken down": or take any action relative thereto.


Duly seconded, Mr. Charles R. Jameson made the following


MOTION: That the Building Code of the Town be amended by adding at the end of Chapter V, Section 3, Sub-Section (b) the following :


"No chimney shall be built out of plumb more than one-third of its area, unless it is built into masonry or concrete wall. If a chimney is dangerous from any cause, it shall be repaired and made safe or taken down."




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