USA > Massachusetts > Middlesex County > Wayland > Official reports of the town of Wayland 1957-1959 > Part 4
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Upon motion of Mr. Kilburn, duly seconded, it was
Voted: That the article be passed over.
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Article 30. To see if the Town will vote to appropriate and assess, or transfer from Available Funds, a sum of money to install a water main in Clay Pit Hill Road; or take any action relative thereto.
Upon motion of Mr. Harris, duly seconded, it was
Voted: That the article be passed over, the subject matter in this article having been provided for under Article 8.
Article 31. To see if the Town will vote to accept and construct as a public Town way, the relocation of the road known as "Loker Street," 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 au- thorize 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 portion thereof, the construction of such way; and for other costs in connection thereto; or take any action relative thereto.
Upon motion of Mr. Kilburn, duly seconded, it was
Voted: unanimously: That the article be passed over.
Article 32. To see if the Town will vote to accept as a public Town way, and to construct and relocate the road known as "Thompson Street," 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 author- ize the Board of Selectmen to acquire the necessary land - including easements for drainage - by purchase, gift, eminent domain or other- wise; 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; or take any action relative thereto.
Upon motion of Mr. Kilburn, duly seconded, it was
Voted: That the article be passed over.
Article 33. To see if the Town will vote to accept Chapter 332 of the Mass. General Laws enacted in 1955 by the General Court of Massa- chusetts; or take any action relative thereto.
Upon motion of Mr. Kilburn, duly seconded, it was
Voted: That the Town accept Chapter 332 of the Acts of 1955.
Article 34. To see if the Town will vote to authorize the Water Department to enter into contracts with abutters by which water lines could be extended in existing Town roads at the expense of abutters on the condition that partial reimbursement would be made under terms arranged by a majority of the Water Department, approved by a majority of the Finance Committee and a majority of the Selectmen; or do or act.
Motion of Mr. Harris, duly seconded: That the Water Department be authorized to enter into contracts with abutters by which water lines
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can be extended in existing Town roads at the expense of abutters on the condition that reimbursements up to 50% of the cost of the job be made not to exceed the appropriation for said "Water Main Extensions in Existing Town Roads - Refund Account" available at the time, under terms and conditions arranged by a majority of the Water Department and approved by a majority of the Finance Committee and a majority of the Selectmen.
Upon motion of Mrs. Edith M. Stokey, duly seconded, it was
Voted: To clarify the main Motion by the insertion of the words "to the abutter" after "50% of the cost of the job be made" ...
Voted: That the Water Department be authorized to enter into contracts with abutters by which water lines can be extended in existing Town roads at the expense of abutters on the condition that reimburse- ments up to 50% of the cost of the job be made to the abutter not to exceed the appropriation for said "Water Main Extensions in Existing Town Roads - Refund Account" available at the time, under terms and conditions arranged by a majority of the Water Department and ap- proved by a majority of the Finance Committee and a majority of the Selectmen.
Article 35. To see if the Town will vote to authorize the purchase of any, or all, of the following parcels of land and raise and appropriate a sum of money therefor; or take any action relative thereto:
(a) Land located on Lakeshore Drive, now or formerly of Joseph L. Crowley, being Lot 55B.
(b) Land located on Sycamore Road, now or formerly of Elizabeth M. Welham, being lots No. 122 and No. 156.
(c) Land located on Lakeshore Drive, now or formerly of Dominic G. Schivone, being Lot 77.
Upon motion of Mr. Kilburn, duly seconded, it was
Voted unanimously: That the Selectmen, with the advice of the Town Counsel, be authorized to purchase the following parcels of land and that there be appropriated and assessed the sum of $7,000 therefor for municipal purposes :
(a) Land located on Lakeshore Drive, now or formerly of Joseph L. Crowley, being Lot 55B.
(b) Land located on Sycamore Road, now or formerly of Elizabeth M. Welham, being lots No. 122 and No. 156.
(c) Land located on Lakeshore Drive, now or formerly of Dominic G. Schivone, being Lot 77.
Article 36. To see if the Town will vote to authorize the purchase, taking by eminent domain, and/or acquisition by other means, on behalf of the Town the land bounded and described as follows:
SOUTHEASTERLY: by land of Town of Wayland, three hundred ninety-seven and 95/100 (397.95) feet
SOUTHWESTERLY: by Maiden Lane one hundred ninety-two and 01/100 (192.01) feet by
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NORTHWESTERLY: by land of Max H. and Caroline M. Thomas three hundred eight and 62/100 (308.62) feet
and to raise and appropriate a sum of money therefor, or take any action relative thereto.
Upon motion of Mr. Kilburn, duly seconded, it was
Voted unanimously: That the Selectmen be authorized to purchase, take by eminent domain or acquire by other means, on behalf of the Town and with the advice of the Town Counsel, for drainage purposes, the land bounded and described as follows:
SOUTHEASTERLY: by land of Town of Wayland, three hundred ninety-seven and 95/100 (397.95) feet
SOUTHWESTERLY: by Maiden Lane one hundred ninety-two and 01/100 (192.01) feet by
NORTHWESTERLY: by land of Max H. and Caroline M. Thomas three hundred eight and 62/100 (308.62) feet
and to raise and appropriate therefor the sum of $500.
Article 37. To see if the Town will vote to authorize the purchase, taking by eminent domain and/or acquisition by other means, on behalf of the Town for school purposes the following parcel of land:
A certain parcel of land situated in Wayland, shown on a plan entitled: "Plan of Land in Wayland, Massachusetts," dated December 10,1956, by Everett M. Brooks Co., Civil Engineers, bounded and de- scribed as follows:
SOUTHWESTERLY by land of Paul M. Hamlen One Hundred Seventy- three and 41/100 (173.41) feet and by Rice Road Three Hundred Fourteen and 46/100 (314.46) feet;
NORTHWESTERLY by Mainstone Farm Trust Four Hundred Fifty- five and 87/100 (455.87) feet;
NORTHERLY, WESTERLY and WESTERLY by land of Louis W. Dean by three courses measuring Four Hundred Seventy and 46/100 (470.46) feet and Three Hundred Eighteen and 66/100 (318.66) feet respectively ;
NORTHERLY by other land of said Dean by three courses One Hun- dred Fifty-nine and 28/100 (159.28) feet, Thirty-eight and 58/100 (38.58) feet and Forty-seven and 1/100 (47.01) feet respectively.
EASTERLY by the Wayland-Weston Town line by two courses Four Hundred Thirty-eight and 59/100 (438.59) feet and Nine Hundred Three and 48/100 (903.48) feet respectively; and
SOUTHERLY by said land of Paul M. Hamlen by two courses Two Hundred Seventeen and 15/100 (217.15) feet and Four Hundred feet respectively :
Containing 17.884 acres according to said plan.
to raise and appropriate a sum of money therefor from available funds in the treasury, by taxation and/or by borrowing; or take any action relative thereto.
By unanimous consent of the Meeting, the reading of the description of the land referred to in this Article was omitted, both by the Modera- tor in reading the Article, and by the maker of the following Motion, since the Voters had had ample opportunity to study the description earlier.
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Motion, by Mr. Thomas F. Linnehan, duly seconded :
That the Selectmen, with the advice of the Town Counsel, be authorized to purchase, take by eminent domain, or by other means on behalf of the Town, for school purposes, the following parcel of land:
A certain parcel of land situated in Wayland, shown on a plan entitled: "Plan of Land in Wayland, Massachusetts," dated December 10, 1956, by Everett M. Brooks Co., Civil Engineers, bounded and de- scribed as follows:
SOUTHWESTERLY by land of Paul M. Hamlen One Hundred Seventy- three and 41/100 (173.41) feet and by Rice Road Three Hundred Fourteen and 46/100 (314.46) feet;
NORTHWESTERLY by Mainstone Farm Trust Four Hundred Fifty- five and 87/100 (455.87) feet;
NORTHERLY, WESTERLY and WESTERLY by land of Louis W. Dean by three courses measuring Four Hundred Seventy and 46/100 (470.46) feet and Three Hundred Eighteen and 66/100 (318.66) feet respectively ;
NORTHERLY by other land of said Dean by three courses One Hun- dred Fifty-nine and 28/100 (159.28) feet, Thirty-eight and 58/100 (38.58) feet and Forty-seven and 1/100 (47.01) feet respectively.
EASTERLY by the Wayland-Weston Town line by two courses Four Hundred Thirty-eight and 59/100 (438.59) feet and Nine Hundred Three and 48/100 (903.48) feet respectively; and
SOUTHERLY by said land of Paul M. Hamlen by two courses Two Hundred Seventeen and 15/100 (217.15) feet and Four Hundred (400) feet respectively :
Containing 17.884 acres according to said plan.
and appropriate and assess the sum of $18,000 therefor; $961.74 to be transferred from "Purchase of New Building School Site - Happy Hollow Road" account and the remainder, $17,038.26 to be raised through assessment in 1957.
Substitute Motion: by Mr. John T. Howard, duly seconded :
To pass over the article.
Counted Vote: (Upon substitute Motion) : "Yes" 263 "No" 110
Article 38. To see if the Town will vote to accept the gift of a certain parcel of land, shown on a plan entitled "Plan of Land in Wayland, Mass." dated March 6, 1953, by Everett M. Brooks Co., C. E.'s, and further being shown on said plan as area taken from T. P. and E. D. Parker, bounded and described as follows:
Beginning at a point on the Southerly sideline of Old Connecticut Path, twenty-four and 44/100 (24.44) feet;
EASTERLY on a curve with a radius of five hundred forty-five and 06/100 (545.06) feet from the point of tangency of said curve; thence running
EASTERLY on said curve, ninety-two and 05/100 (92.05) feet; thence turning and running
WESTERLY, SOUTHWESTERLY, SOUTHERLY AND SOUTH- EASTERLY on a curve to the left with a radius of thirty (30) feet
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a distance of sixty-three and 43/100 (63.43) feet Southeasterly; thence
SOUTHEASTERLY twenty-four and 60/100 (24.60) feet; thence SOUTHEASTERLY on a curve to the right with a radius of three
hundred thirty-two and 24/100 (332.24) feet a distance of eighty- one and 82/100 (81.82) feet; thence turning and running
NORTH 65° 46' 07" WEST one hundred sixty-nine and 64/100 (169.64) feet by Maiden Lane to the point of beginning.
Containing 2200 square feet of land, and being shown as the Easterly rounded corner of the intersection of Maiden Lane and Old Connecticut Path,
or take any action relative thereto.
Exact description of the land referred to in this article was omitted both by the Moderator and by the maker of the following motion, with unanimous consent of the Meeting.
Upon motion of Mr. Magoun, duly seconded, it was
Voted: unanimously: That the Selectmen, with the advice of the Town Counsel, be authorized to accept the gift of a certain parcel of land shown on a plan entitled "Plan of Land in Wayland, Mass." dated March 6, 1953, by Everett M. Brooks Co., C. E.'s and further being shown on said plan as area taken from T. P. and E. D. Parker, bounded and described as follows:
Beginning at a point on the Southerly sideline of Old Connecticut Path, twenty-four and 44/100 (24.44) feet;
EASTERLY on a curve with a radius of five hundred forty-five and 06/100 (545.06) feet from the point of tangency of said curve; thence running
EASTERLY on said curve, ninety-two and 05/100 (92.05) feet; thence turning and running
WESTERLY, SOUTHWESTERLY, SOUTHERLY AND SOUTH- EASTERLY on a curve to the left with a radius of thirty (30) feet a distance of sixty-three and 43/100 (63.43) feet Southeasterly; thence
SOUTHEASTERLY twenty-four and 60/100 (24.60) feet; thence SOUTHEASTERLY on a curve to the right with a radius of three hundred thirty-two and 24/100 (332.24) feet a distance of eighty- one and 82/100 (81.82) feet; thence turning and running
NORTH 65° 46' 07" WEST one hundred sixty-nine and 64/100 (169.64) feet by Maiden Lane to the point of beginning.
Containing 2200 square feet of land, and being shown as the Easterly rounded corner of the intersection of Maiden Lane and Old Connecticut Path,
and "with thanks."
Upon motion of Dr. Alexander S. Macmillan, duly seconded, it was Voted: ' To adjourn the Meeting at 11:20 P. M .; to reconvene on Monday, March 18, 1957 at 7:45 P. M.
Article 39. 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
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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 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 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 High Rock Road shown on the plan entitled "Sub- division of Woodridge No. 10 Plan and Profile of Part of High Rock Road in Wayland, Mass." dated March 14, 1955 by William J. Ford., Jr., Civil Engr., recorded with Middlesex South District Deeds.
The portion of Woodridge Road shown on the plan entitled "Sub- division Plan of Woodridge #9 in Wayland, Mass.," dated May 3, 1954, by William J. Ford, Jr., Civil Engineers, recorded with Middlesex South District Deeds.
Upon Motion of Mr. Magoun, duly seconded, it was
Voted to dispense with a reading of the Order of Laying Out of the Board of Selectmen, in connection with this article.
Upon Motion of Mr. Magoun, duly recorded, it was
Voted unanimously: That the Selectmen be authorized to accept as public Town ways the following road:
The portion of High Rock Road shown on the plan entitled "Sub- division of Woodridge No. 10 Plan and Profile of Part of High Rock Road in Wayland, Mass." dated March 14, 1955 by William J. Ford, Jr., Civil Engr., recorded with Middlesex South District Deeds. and that there be appropriated therefor the sum of $1.00.
Article 40. To see if the Town will vote to authorize the abandon- ment of rights and easements in, through and over a strip of land crossing the Southwesterly end of Lot 8-1 on a plan entitled, "Subdivi- sion No. 8, Woodridge in Wayland, Massachusetts," dated October 6, 1952 by Everett M. Brooks Co., Civil Engineers, recorded with Middle- sex South District Deeds, Book 7990, Page 233, and being adjacent to the Southwesterly boundary of said lot; or take any action relative thereto.
Upon motion of Mr. Magoun, duly seconded, it was
Votedl unanimously: That the Selectmen, on behalf of the Town be authorized to abandon rights and easements, in, through and over a strip of land crossing the southwesterly end of Lot 8-1 on a plan entitled "Subdivision No. 8, Woodridge in Wayland, Massachusetts," dated October 6, 1952 by Everett M. Brooks Co., Civil Engineers, recorded with Middlesex South District Deeds, Book 7990, Page 233, and being adjacent to the Southwesterly boundary of said lot.
Article 41. To see if the Town will vote to discontinue as a Town way or private way, any such way that may exist extending Easterly
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and Northeasterly from a point near the intersection of Claypit Hill Road and Adams Lane to land of Middlesex Real Estate Investment Company, Inc., formerly of Roland F. Gammons, and being located approximately as shown in dotted lines over land of Ruth B. Dickson on the Town of Wayland Assessors' Plans of 1947; or take any action relative thereto.
Upon motion of Mr. Magoun, duly seconded, it was
Voted unanimously: That there be discontinued as a town way or publicly laid out or used private way any such way that may exist extending Easterly and Northeasterly from a point near the intersection of Claypit Hill Road and Adams Lane to land of Middlesex Real Estate Investment Company, Inc., formerly of Roland F. Gammons, and being located approximately as shown in dotted lines over land of Ruth B. Dickson on the Town of Wayland Assessors' Plans of 1947.
At 11:20 P. M., the Meeting adjourned in accordance with the motion of Dr. Macmillan, voted after Article 38.
A true copy, Attest :
LEILA SEARS, Town Clerk of Wayland.
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VOTES ENACTED AT THE ADJOURNED ANNUAL TOWN MEETING
Held Monday, March 18, 1957
Wayland, Massachusetts Town Clerk's Office
Howard S. Russell, Moderator :-
Pursuant to the Warrant for the Annual Town Meeting called for Wednesday, March 6, 1957, duly signed by the Selectmen, served and return of service of same given by a Constable of the Town, and notice of continuation having been given by mail, 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 :
Upon motion of Mr. Thomas F. Linnehan, duly seconded, it was
Voted: To extend hearty congratulations to the Wayland High School Basketball Team, to Mr. Andreotti, to "Buzz" Bowers, coach, and to all other contributing to the success of the past week, in winning the Class D Basketball Championship.
The Moderator made two statements relating to certain principles in the conduct of Town Meetings:
1 Requests now come to the Moderator in connection with nearly every town meeting to allow legal counsel to speak for citizens and other property owners in connection with articles, especially those concerned with zoning. The Moderator considers that this matter merits a brief discussion.
The present Moderator has allowed such representation previously in connection with one matter where the citizen concerned was ill, and is permitting it in another case of illness under an article in the present warrant. He also allowed counsel to be present to answer questions in the Raytheon zoning matter.
The Moderator wishes to point out, however, that except under the most unusual circumstances the practice of allowing non-citizens to speak for citizens or others on such matters, on the floor of the meeting, is likely to lead to undesirable consequences. If a lawyer representing the petitioners in a zoning matter is allowed to speak on the floor, lawyers representing the opposition can scarcely be denied the privilege. The Town Planning Board, the members of which are usually not law- yers, but ordinary citizens, would be placed in a disadvantageous posi- tion, unless they too could have a professional orator speak for them.
Such representation appears unnecessary, for all zoning articles, by law, must be given a public hearing by the Planning Board previous to the town meeting. At such a hearing legal counsel may properly represent their clients on both sides. After listening to all the evidence, and considering the general good, and the future of the Town, the Board makes its recommendation to the Town Meeting.
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It is the belief of your present Moderator, however, that to have such matters carried to the Town Meeting floor by outside professionals is likely to lead to unfairness, and is not in the best interests of the Town.
The Moderator makes this public statement in order that there may be no misunderstanding, and that no one may consider any particular request to have been unfairly treated.
2. Several times in connection with the present warrant, citizens have come to the Moderator with questions as to how to proceed, how to frame motions, the effect of certain motions, or amendments and similar matters.
In view of the lack of information on town meeting practice that some of these inquiries appear to indicate, the Moderator deems that a statement on his part may be instructive and helpful.
Let it be said first that the Moderator is always glad to answer questions as to methods of making or wording motions or amendments. He always tries to give the best and most disinterested advice of which he is capable in response to such requests, no matter from which side of a subject the request may come. Moreover, his principle is to hold all such parliamentary inquiries confidential, so that there need be no hesitation on the part of anyone to seek his help. His duty, and his sole purpose, is to see that all actions proposed are in accord with law and parliamentary practice, and so framed and worded as to be effective; and that all citizens get a fair opportunity to present their views.
As a general bit of advice, may the Moderator suggest that many of the questions asked are briefly and clearly answered in the "Hand- book for Town Meeting" prepared and published a few years ago by the Wayland League of Women Voters. He respectfully suggests, especially to newer residents coming from cities or from other parts of the country, and not experienced in the conduct of town meeting, that they familiar- ize themselves with this simple booklet, which is available at the Town Libraries.
Several recent inquiries have related to the matter of a motion to "pass over" an article. As the Moderator has several times explained in the course of this 1957 annual meeting, a motion to "pass over" is a motion to postpone indefinitely. In the town where the present Moderator spent the first part of his life, this type of motion was worded: "I move that no action be taken under this article"; and he regards this as an excellent wording. In Wayland, however, the tradi- tional language has been: "I move that this article be passed over."
In ordinary practice, such a motion is not subject to amendment, being a clear cut, take it or leave it question; easily comprehended, and with no ifs, ands, or buts. In order to ensure fairness, the practice of the present Moderator has always been, however, to open the motion to full debate, so that citizens opposed to such summary action may voice their objections and their arguments as to why the article should receive more favorable treatment.
On such a motion, a majority vote is decisive. If the majority votes to "pass over," the article is done, (unless reconsideration by a two-
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thirds vote should later prevail). If, on the other hand, the motion to "pass over" is voted down, the resulting situation is as if no such motion had ever been made. That is, the article as printed in the warrant remains before the meeting for any action that the body sees fit to take.
What the Moderator wishes to make clear to the citizens by this statement is that, if you favor the purpose of the article under con- sideration, you should vote "No" on a motion to "pass over." If, con- versely, you wish no action to be taken under the article, you should vote "Aye."
With the unanimous consent of the Meeting, Mr. George V. Deverell read a petition, signed by a number of citizens, to return to Article 24.
Upon motion of Mr. Deverell, duly seconded, it was
Voted: To return to Article 24.
Counted Vote: "Yes" 237; "No" 110; Total: 347.
The required 2/3 of this total being 231 1/3, the motion carried.
Upon motion of Mr. Deverell, duly seconded, it was
Voted: To reconsider action previously taken under Article 24.
Motion by Mr. Deverell, duly seconded :
That the Town appropriate and assess the sum of Sixteen Thousand Dollars ($16,000.00) to provide the Board of Assessors with necessary funds to enter into a Contract with a company specialized in Town real estate appraising, to re-appraise all real estate in the Town in accord- ance with the provisions of Chapter 40 Section 4 (Ter. Ed.) of Massa- chusetts General Laws.
Voted: Against the above motion.
Motion by Mrs. Georgia V. Alstad, duly seconded :
That the town vote to approve the principle of hiring a company specializing in town real estate appraising to re-appraise all real estate in town and that a company be chosen after study, by the Board of Assessors to make such re-appraisal and the amount for such re- appraisal be submitted to the town in the Finance Committee budget of 1958.
Voted: Against the above motion of Mrs. Alstad.
Seven persons having doubted the voice vote, a counted vote was taken.
Counted Vote : "Yes" 107 "No" 301
Article 42. To see if the Town will vote to grant to the owners of Lots A1, A2, and 2, as shown on a plan entitled, "Plan of Land in Wayland, Massachusetts," dated October 20, 1952, by Everett M. Brooks Company, C. E.'s, recorded with Middlesex South District Deeds as plan No. 2175 of 1952 in Book 8006, Page 253, an easement of passage over the entire length and breadth of Parkland Drive; or take any action relative thereto.
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