Town Report on Lincoln 1951-1955, Part 2

Author: Lincoln (Mass.)
Publication date: 1951
Publisher: Lincoln (Mass.)
Number of Pages: 996


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(b) Apartment house, hotel or lodging house.


(c) Retail store or service establishment.


(d) Business or professional office; bank.


(e) Restaurant or other place for serving food.


(f) Place of business of caterer, confectioner, decorator, dress- maker, optician, mortician, craftsman, or member of a building trade, and similar uses.


(g) Service station, provided that repairs shall be limited to minor changes and adjustments, and provided that gasoline pumps and equipment shall be so located that vehicles can not be serviced unless they are entirely on the service station lot.


(h) Automobile salesroom, provided that no display of vehicles for sale shall be permitted closer to the street line than the major structure on the same lot.


(i) Sign or display advertising goods or services available on the lot, provided that no sign or display shall project beyond the street line, shall be illuminated other than by indirect white light, or shall have a gross area of more than 30 square feet.


(j) Subject to permission of the Board of Appeals, as provided in Section 11 below, the following:


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TOWN CLERK'S REPORT


Theatre, moving-picture house, bowling alley, skating rink or similar commercial amusement place, but not in- cluding outdoor moving picture or dancing establishments; Lumber, fuel. feed, or ice establishment; yard for the keep- ing of materials or equipment by contractor, landscape constructor, or landscape gardener; automobile repair shop.


Light manufacturing and similar activities, provided that such proposed activities will not be offensive, injurious or noxious because of noise, vibration, smoke, fumes, dust, odors, danger of fire or explosion, or other characteristics detrimental to a dominantly residential town.


Any permit granted under this subsection (j) shall be subject to the provision that no storage of materials ap- purtenant thereto shall be permitted between the street line and the front line of structures on the subject lot, or if there be no structure, within 40 feet of the street line.


Section (8) Height Regulations


(a) The maximum height of any structure in a single residence district shall be 35 feet or three stories ..


(b) The maximum height of any structure in a general residence or commercial district shall be 30 feet or two and one-half stories.


(c) In determining the height of structures any floor level shall be counted as a story if it is to be used in part for sleeping rooms, or if it is higher than three feet below the average ground level around the exterior walls of the structure. A half-story is that portion of a structure under a sloping roof, the cubic contents of which are never more than half of those of the story below; if the cubic contents are greater than half, it shall be deemed a story. Limitations of height shall not apply to chimneys, ventilators, skylights, towers, spires, tanks, silos and other features usually carried above roofs, if such features are in no way used for living purposes.


Section (9) Area and Yard Regulations


(a) Except as hereinafter specified, there shall be provided for each dwelling or other main structure or use a lot with a minimum area as follows:


Area


In single residence districts 40,000 sq. ft.


In general residence districts 12,000 sq. ft.


For dwellings in commercial districts 12,000 sq. ft.


Under no conditions shall there be less than 6,000 square feet of lot area for each family to be housed on said lot.


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TOWN OF LINCOLN


(b) Except as hereinafter specified, there shall be provided for each dwelling in any district and for each main non-residen- tial structure in a residential district a lot having at least 80 feet of frontage on a street, at least 80 feet from side lot line to side lot line between said street and such structure and the shortest distance taken through such structure, from side lot line to side lot line, shall be at least 120 feet.


(c) The provisions of paragraphs "a" and "b" shall not prevent the use of lots, legally established at the time these provis- ions were first adopted, which are non-conforming as to width or area, but no such lot shall be changed as to size or shape so as to decrease its area or width.


(d) No more than 25 percent of the area of any lot may be covered by structures.


(e) No structure or part thereof in any district shall be so lo- cated as to extend within 40 feet of a street line, except that this shall not apply to uncovered steps.


(f) No structure or part thereof in a residential district, and no dwelling or part thereof in a commercial district, shall ex- tend within 20 feet of a side or rear lot line. This restriction shall not apply to accessory buildings in residence districts, provided that the distance from any part of such structures to the lot line shall exceed its height above the ground level.


(g) No accessory or main building shall at any points be less than 10 feet apart unless they conform to building code regu- lations relative to fire safety.


Section (10) Non-Conforming Uses


(a) Nothing in this by-law shall prevent the continuation of a non-conforming use of lot or structure.


(b) No increase in the extent of the non-conforming use of a structure or lot may be made.


(c) Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less re- stricted use.


(d) Wherever a non-conforming use has been abandoned for a period of more than one year it shall not be re-established and any future use shall conform to this by-law.


(e) Wherever a structure, or part thereof, put to a non-con- forming use is destroyed or damaged, it may be recon- structed substantially as it existed prior to such destruction or damage and may continue to be used for the same or a more restricted use; provided that reconstruction is in fact commenced within a year following the date of such destruc- tion or damage.


23


TOWN CLERK'S REPORT


Section (11) Board of Appeals


(a) A Board of Appeals is hereby established in accordance with Section 30 of Chapter 40 of the General Laws, as amended. Said Board shall consist of five members each appointed by the Board of Selectmen for a term of five years provided that only one term shall expire each year; there shall be two Associate Members, each appointed by the Board of Select- men for a period of four years, one term to expire every sec- ond year, to serve on said Board of Appeals in case of a vacancy, inability to act, or interest on the part of a mem- ber.


(b) The Board of Appeals shall adopt such rules of procedure and exercise such powers and duties as are consistent with paragraphs 3 through 9 of Section 30 of Chapter 40 of the General Laws, as amended. Said rules of procedure shall include provision for submission of petition in writing, for advertising and holding hearings, for keeping records of proceedings, for recording the vote of each member upon each question, for setting forth the reason or reasons for each decision, and for notifying the parties at interest, in- cluding the Building Inspector and the Planning Board, as to each decision. The powers and duties of the Board of Appeals shall include the power to determine action in the cases set forth in paragraphs "c", "d", and "e" below.


(c) The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector acting as enforcement officer under this by-law.


(d) The Board of Appeals shall hear and decide requests for special permits as provided in sections 5h, 5i, and 7j of this by-law.


(e) The Board of Appeals shall hear and decide requests for variance from the terms of this by-law where, owing to con- ditions especially affecting the lot or use in question, a literal enforcement of the provisions of the by-law would involve substantial hardship to the appellant, and where the desired relief may be granted without detriment to the public good and without substantially derogating from the intent or purpose of this by-law.


(f) In carrying out the provisions of paragraphs (d) and (e) above, the Board may impose, as a condition of its decision, such restrictions as to manner and duration of use as will in its opinion safeguard the legitimate use of the property in the neighborhood and the health and safety of the public, and conform to the intent and purpose of this by-law, such re- strictions to be stated in writing by the Board and made a part of the permit.


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TOWN OF LINCOLN


(g) No petition considered under paragraphs (d) or (e) above which has been unfavorably acted upon by the Board of Appeals shall be again considered on its merits by said Board within two years after the date of such unfavorable action, except with the written consent of all members of the Planning Board.


Section (12) Amendments


The Planning Board may, or upon written petition of ten citi- zens shall, initiate proceedings for the amendment of this by-law or map, pursuant to the provision of Section 27 of Chapter 40 of the General Laws as amended.


Section (13) Conflict of Laws


Where this by-law imposes a greater restriction upon the use, height, and area of structures or the use of premises than is im- posed by other by-laws, the provisions of this by-law shall con- trol. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision hereof.


Section (14) Penalty


Whoever violates any provision of this by-law shall be punished by a fine not exceeding twenty dollars for each offense. Each day or portion thereof that such violation continues shall consti- tute a separate offense.


Section (15) Effective Date


This by-law shall take effect as provided by Section 32 of Chapter 40 of the General Laws as amended.


Voted: To amend the main motion by striking out from the last clause of Section (2) paragraph (i) the words "lot may be defined as" and inserting in their place the words " 'lot' "shall mean" so that the last sentence shall read: "Whenever such a parcel is divided on a plan which has been recorded or filed at the Middlesex South District Registry of Deeds, the term "lot" as used in this by-law shall mean a single parcel on the plot plan accompanying application for a Building Permit."


Voted: To amend the main motion by adding to the end of Section 5, paragraph (f) the following clause: "but there shall be no other signs or display of goods visible from the street," so that the last sentence of the paragraph shall read: "In such cases one sign of not more than two square feet in area may be displayed, but there shall be no other signs or display of goods visible from the street."


25


TOWN CLERK'S REPORT


Voted: To amend the main motion by inserting in Section 9, paragraph (b) after the second occurrence of the words "eighty feet" the phrase, "in any direction" so that the paragraph shall read: "Except as hereinafter specified there shall be provided for each dwelling in any district and for each main non-residen- tial structure in a residential district a lot having at least 80 feet of frontage on a street, at least 80 feet in any direction from side lot line to side lot line between said street and such structure, and the shortest distance taken through such struc- ture from side lot line to side lot line shall be at least 120 feet."


Voted: To amend the main motion by adding to the word "building," the fifth word in Section 9, paragraph (g) the letter "s" so that the paragraph shall read: "No accessory or main buildings shall at any points be less than 10 feet apart unless they conform to building code regulations relative to fire safety."


Voted: To amend the main motion by adding to Section 10, paragraph (e) the following clause, "and the reconstruction is completed and the structure occupied within a reasonable time thereafter," so that the entire section (e) shall read: "Wherever a structure, or part thereof, put to a non-conforming use is destroyed or damaged, it may be reconstructed substantially as it existed prior to such destruction or damage and may continue to be used for the same or a more restricted use: provided that reconstruction is in fact commenced within a year following the date of such destruction or damage, and the reconstruction is completed and the structure occupied within a reasonable time thereafter."


The Main motion as amended above was then voted on and unanimously adopted.


At this point Mr. Henry Warner made a few remarks regard- ing the splendid work done by the Planning Board and highly commended them. Loud and prolonged applause.


Article 12. To see if the Town will vote to raise and appropriate the sum of $467.03 to pay the following un-paid 1950 bills:


26


TOWN OF LINCOLN


Highway Department White Motor Company $229 31


School Department Boston Edison Company 176 77


Town of Arlington 12 00


General Heat and Appliance Company 48 95


Voted: That the Treasurer be authorized to pay the follow- ing unpaid 1950 bills:


Highway Department White Motor Company $229 31


School Department Boston Edison Company 176 77


Town of Arlington 12 00


General Heat and Appliance Company 48 95


Fire Department Tracey's Service Station 66 80


$533 83


Article 13. To see if the Town will vote to appoint a com- mittee to revise the Town By-laws, or take any other action relative thereto.


Voted: That the Moderator appoint a Committee of three to study the existing general by-laws of the Town and make recommendations for revisions prior to the next Annual Town Meeting and that the sum of $150.00 be appropriated for the use of the Committee, said sum to be taken from Free Cash. Committee appointed: Sumner Smith, F. Winchester Denio and Henry Warner.


Article 14. To see if the Town will vote to accept Chap- ter 820 of the Acts of 1950, which provides for an increase in the annual amounts of certain pensions, retirement allowances, annuities and other benefits payable by the Commonwealth and its political subdivisions to certain former employees and persons claiming under them, or take any other action rela- tive thereto.


Voted: That the Town accept the provisions of Chapter 820 of the Acts of 1950 of the Massachusetts Legislature.


Article 15. To see if the Town will vote to take any action on House Bill No. 157 which is, "An act restricting the use of lands abutting the highway now known as Route 2 in the towns of Belmont, Arlington, Lexington, Lincoln and Concord."


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TOWN CLERK'S REPORT


Voted: That the Town instruct the Selectmen to support Senate Bill No. 157 which is, "An act restricting the use of lands abutting the highway now known as Route 2 in the towns of Belmont, Arlington, Lexington, Lincoln and Concord.


Article 16. To see if the Town will appropriate the sum of $5,000.00 to be used by a committee appointed by the Moderator to study further the building needs of the Lincoln schools, said sum to be supplied from free cash, or take any other action relative thereto.


Voted: That the Town appropriate $5,000.00 to be used by a committee appointed by the Moderator to provide rough plans and specifications and to obtain estimates of costs for an Assembly Hall - Gymnasium and four class rooms to be added to the new school buildings, said sum to be taken from free cash. Committee: James DeNormandie, Pearson Hunt, Andrew J. Dougherty, Elizabeth Snelling and Robert M. Kimball.


The Meeting adjourned at 10:15 P.M.


WILLIAM H. DAVIS, Town Clerk.


28


TOWN OF LINCOLN


ANNUAL TOWN ELECTION


Saturday, March 10th, 1951


In accordance with Article 1 of the Warrant for the Annual Town Meeting, the meeting was called to order by the Modera- tor, the ballot box was inspected, the following ballot clerks duly sworn, Helena A. Dee, Bertha V. Bowles, Joseph Frazier, Manley B. Boyce, William O. Causer and David B. Spooner. The polls were declared open at 12 o'clock noon, and closed at 8 o'clock P.M., with the following results: Total vote 886.


MODERATOR (3 years)


Donald P. Donaldson 824


Scattering


1


Blanks 61


TOWN CLERK (1 year)


William H. Davis. 825


Blanks 61


SELECTMAN AND BOARD OF PUBLIC WELFARE (3 years)


Edward Donlan Rooney 122


D. Everett Sherman, Jr. 358


Henry DeC. Ward. 402


Blanks.


4


ASSESSOR (3 years)


Arthur W. Rice, Jr .. 602


Ehlert William Seeckts. 236


Blanks 48


TREASURER (1 year)


Frederick B. Taylor


777


Scattering .


1


Blanks 108


AUDITOR (1 year)


Pearson Hunt


757


Blanks.


129


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TOWN CLERK'S REPORT


SCHOOL COMMITTEE (3 years)


Lucy Elliott Bygrave 742


Scattering . 8


Blanks 136


WATER COMMISSIONER (3 years)


Robert W. Scott.


721


Scattering


1


Blanks 164


BOARD OF HEALTH (3 years)


Nancy D. Hurd.


739


Blanks 147


TREE WARDEN (1 year)


John W. Gilbert


792


Scattering.


1


Blanks 93


COMMISSIONER OF TRUST FUNDS (3 years)


Leonard C. Larrabee 748


Blanks 138


TRUSTEE OF BEMIS FUND FOR FREE PUBLIC LECTURES


(3 years)


Leonard C. Larrabee


748


Blanks 138


CEMETERY COMMISSIONER (3 years)


Robert D. Donaldson 774


Blanks


112


PLANNING BOARD (5 years)


Richard J. Eaton


404


Anthony Faunce. 401


Blanks 81


DIRECTOR OF DeCORDOVA-DANA MUSEUM AND PARK (4 years)


Jane K. Vance.


753


Scattering


3


Blanks . 130


WILLIAM H. DAVIS, Town Clerk.


30


TOWN OF LINCOLN


March 19th, 1951.


A recount of votes cast for the office of Planning Board was held in the Town Hall on the above date with the follow- ing result:


PLANNING BOARD (5 years)


Richard J. Eaton 406


Anthony Faunce 398


Blanks 82


WILLIAM H. DAVIS, Town Clerk.


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TOWN CLERK'S REPORT


SPECIAL TOWN MEETING June 11th, 1951


Pursuant to a Warrant duly served the meeting was called to order by the Moderator at 7:30 o'clock P.M. The return of the Warrant was read and the following business transacted :


Article 1. To see if the Town will vote to increase the following Department and Committee Budgets.


Election and Registration


Town House


Civil Defense


Building Code Committee


Highway Department


Legal


Schools


or take any action relative thereto.


Voted: (Unanimously). That the sum of $2,525.00 be appropriated for the following Departments and Committees:


Town House, repairs. $1,375 00


Election and Registration (Supplies and Miscellaneous) . 50 00


Building Code Committee . 500 00


Highway Department (Supplies and Mis- cellaneous). 200 00


Schools Transportation


400 00


and that said sum be taken from Free Cash.


Article 2. To see if the Town will vote to raise and appro- priate a sum of money to speed-zone several roads in the Town, or take any action relative thereto.


Voted: That the sum of $1,000.00 be appropriated for speed- zoning, with the assistance of the Department of Public Works, such road or roads as the Board of Selectmen may designate. Said sum to be taken from Free Cash. A motion duly seconded "That Article 8 be taken up at this time" was lost.


32


TOWN OF LINCOLN


Article 3. To see if the Town will vote to appropriate not exceeding $65,000 to construct a new 16-inch cement lined cast iron water supply main from the pumping station to the reser- voir, and determine whether the money shall be raised by taxa- tion, borrowing, transfer of available funds in the treasury, or otherwise, or take any other action relative thereto.


Voted: To pass over the Article.


Article 4. To see if the Town will vote to appropriate not exceeding $230,000 for the acquisition of land and the develop- ment therein of a well field including wells, pipes and pumping stations (both buildings and original equipment) and for the construction of water mains of 16 inches or more in diameter, and determine whether the money shall be raised by taxation, borrowing, transfer of available funds in the treasury or other- wise, or take any other action relating thereto.


A motion duly seconded, "That $70,000.00 is hereby appro- priated for the acquisition of about ten acres of land situated east of Fairhaven Bay and north of South Great Road which the Board of Water Commissioners is hereby authorized to acquire on behalf of the Town, and the development therein of a well field including wells, pipes and pumping stations (both buildings and original equipment), and to meet the said appropriation, the Treasurer with the approval of the Select- men, is authorized to issue from time to time $70,000.00 in bonds or notes of the Town payable within fifteen years from their respective dates, and $130,000.00 is hereby appropriated for the purchase and construction of water mains of 16 inches or more in diameter, cement lined and coated, and to meet the said appropriations the Treasurer with the approval of the Selectmen is authorized to issue from time to time $130,000.00 in bonds or notes of the Town payable within twenty-five years from their respective dates." was lost. The following amend- ment to the main motion was then voted: (For 247, Against 90). "That the main motion be amended by substituting for the body thereof the following: "That the Water Commission- ers be authorized to make surveys of lands suitable for a well field and report to the next annual meeting and appropriate $1,000.00 therefor, said sum to be taken from the Water Works Treasury."


33


TOWN CLERK'S REPORT


Article 5. To see if the Town will vote to install a new 1500 gallon per minute capacity pump in the pumping station, make the necessary changes to the power line and suction pipe, raise and appropriate the necessary sum of money, borrow same, use available funds in the Treasury, or take any action relative thereto.


Voted: To postpone indefinitely.


Article 6. To see if the Town will vote to install a new 8-inch transit water pipe on Page Road from the corner of Trapelo Road to the beginning of the new 8-inch pipe by the Osborne barn, a distance of about 1900 feet, raise and appropri- ate the necessary sum of money, borrow same, use available funds in the Treasury, or take any action relative thereto.


Voted: That $4,000.00 is hereby appropriated for the con- struction of an 8-inch transit water main on Page Road from the corner of Trapelo Road to the beginning of the new 8-inch pipe by the Osborne barn, and to meet said appropriation, the sum of $4,000.00 be taken from Water Works surplus.


Article 7. To see if the Town will vote to raise and appro- priate a sum of money to be used to preserve and micro film Town Records and to purchase equipment therefor, or take any action relative thereto.


Voted: That the Selectmen be instructed to make provision for the safe keeping, preservation, and copying or otherwise duplicating the early records of the Town, and that $150.00 be appropriated for the purposes to be taken from Free Cash. It being understood that the enactment of this motion author- izes the Selectmen if they deem it wise, to deposit the records for safe-keeping outside the limits of the Town.


Article 8. To see if the Town will vote to raise and appro- priate a sum of money for the purpose of constructing and originally equipping and furnishing an addition to the elemen- tary school, to include six classrooms and a multi-purpose assembly-gymnasium, and determine how the appropriation will be raised, by transfer from available funds, borrowing, or otherwise, or take any action relative thereto.


34


TOWN OF LINCOLN


Voted: (For 271, Against 16). That the sum of $385,000.00 be raised and appropriated for the purpose of constructing and originally equipping and furnishing an addition to the new elementary school to include six classrooms and a multi-pur- pose assembly-gymnasium, and to meet said appropriation, that the sum of $50,000.00 be appropriated from available funds in the Treasury, and that the Treasurer with the approval of the Selectmen, be and hereby is authorized to borrow the sum of $335,000.00 and to issue bonds or notes of the Town therefor; $250,000.00 of the loan hereby authorized is under the authority of and in accordance with the provisions of Chapter 356 of the Acts of 1951 and $85,000.00 of the said loan is under the authority of and in accordance with the pro- visions of Chapter 44 of General Laws; and that the Committee appointed by the Moderator in accordance with the vote of the Town under Article 16 at the annual meeting on March 5, 1951 is hereby continued and is hereby authorized and em- powered to enter into contracts and to do all things necessary to construct and equip and furnish said addition; and if a va- cancy should occur on said Committee the Moderator is hereby authorized to fill such vacancy.


Meeting adjourned at 11:30 P.M.


WILLIAM H. DAVIS, Town Clerk.


35


TOWN CLERK'S REPORT


JURY LIST, 1951


Name


Occupation


Thomas B. Adams


Executive


Harold T. Ashworth


Radio Engineer


Paul Brooks


Publisher


George A. Cunningham


Fireman


Richard J. Eaton


Trustee


Harry Cook


-Farmer


Laurence Cousins


Plant Superintendent


Sherman H. Davis


Farmer


James Diamond


Police Work


Edward Danosky


Farmer


Anthony Faunce


Insurance


Charles K. Fitts


Buyer


Thomas T. Giles


Garage Superintendent


Frank Gordon


Milkman


Thomas A. O. Gross


Electrical Engineer


Arthur T. Howard


Printer


Merrill Hunt


Executive


Karl F. Lahnstein


Museum Work


Louis E. Paddock


Industrial Engineer


Robert Pellandini


Pay Roll Clerk


Roland W. Robbins


Painting Contractor


Ehlert W. Seeckts


Assistant Manager


Frederic M. Spooner




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