Town Report on Lincoln 1956-1959, Part 48

Author: Lincoln (Mass.)
Publication date: 1956
Publisher: Lincoln (Mass.)
Number of Pages: 1026


USA > Massachusetts > Middlesex County > Lincoln > Town Report on Lincoln 1956-1959 > Part 48


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Section 4. The Selectmen shall from time to time cause to be printed, either separately or as a part of an Annual Town Report, the general and other By-Laws and standing votes of the Town, the Assessors' Valuation list, and the rules and regulations adopted by any officer or committee of the Town; and shall maintain for public inspection a list of the laws of the Common- wealth applicable to the Town by virtue of the acceptance thereof by the Town.


Section 5. The Selectmen shall cause the Annual Town Report to be distributed to each household in the Town seven days at least before the Annual Meeting of the Town.


Section 6. No illustrations shall be included in reports of Town officers or committees except as they are expressly authorized by the Selectmen.


Section 7. The Annual Report of the Selectmen shall include, unless such information is in- cluded in other reports, a statement as to action taken or authorized in regard to Town ways or county ways within the Town, what damages have been assessed and paid, what claims are outstanding and what claims are in suit against the Town; it shall also give full reports in regards to suits against the Town with all the circumstances relating thereto.


Article IX


Water Department


Section 1. The Water Department shall be under the supervision of Water Commissioners of which there shall be three, one elected each year for a


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GENERAL GOVERNMENT


term of three years. The Water Commissioners shall have such duties and powers as are provided in the General Laws and these By-Laws.


Section 2. The Water Commissioners may appoint one or more Registrars who shall, as directed by the Commissioners, take and tabulate a com- plete census of all water fixtures connected with the Town Water System, read and record all service meters at such intervals as the Commissioners may direct, and per- form any other duties required by the Commissioners.


Section 3. The Water Commissioners shall, at such regular intervals in each year as they may determine, transmit the assessments for water rates to the Town Collector who shall collect the same, turn the proceeds thereof over to the Town Treasurer, and transmit statements thereof to the Town Accountant.


Section 4. A charge of two dollars or such other larger sum as the Water Commissioners from time to time may determine shall be made whenever the Water Commissioners or their representatives, at the request of the water taker, turn on or shut off the water in any service pipe.


Section 5. No extension of water mains which in- volves the expenditure of any funds of the Town shall be undertaken unless expressly authorized by a vote of the Town.


Section 6. No tap for service shall be made unless approved by the Water Commissioners, who may require the payment of a suitable fee for the same.


Section 7. No alteration shall be made in any of the pipes or fixtures installed by the Town except by persons authorized by the Water Commission- ers who shall also be allowed to enter the premises, ex- amine the fixtures, read the meters and ascertain if there is any unnecessary waste.


Section 8. If any person shall open a hydrant or remove the cover thereof or make any opening or connection with any Town pipe or turn on or off the water from any Town pipe except in case of fire or by authority of the Water Commissioners or the Select- men, he shall be liable to a fine of not more than twenty dollars.


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TOWN MEET INGS


Section 9.


It shall be the duty of the Water Department to maintain the hydrants in the Town in good working order and to test them at reason- able intervals.


Section 10, Bills for water rates and charges shall be due and payable sixty days from the


date shown thereon. If such bills are not paid by the due date, the provisions of Chapter 40 of the General Laws respecting the collection of such rates and charges, in- cluding the establishment of a lien and shutting off of water, shall apply.


Section 11. The Board of Water Commissioners may make abatements in the water rates and charges as the Commissioners may deem proper, and may temporarily shut off water from any street after giving notice to those affected of their intention so to do. The Commissioners shall notify the Fire Department of the Town prior to any permanent or temporary shut-off of any water main.


Section 12. The Board of Water Commissioners shall keep suitable records in which shall be entered the names of all water takers and the amounts charged, and these records shall be open to public in- spection.


Section 13. The Board of Water Commissioners may make such rules and regulations govern- ing the Water Department as they may deem advisable, not inconsistent with the By-Laws of the Town or the General Laws.


Article X


Cemeteries


Section 1. The cemeteries of the Town shall be under the supervision of Cemetery Com- missioners of which there shall be three, one elected each year for a term of three years. The Cemetery Com- missioners shall have such duties and powers as are pro- vided in the General Laws and in these By-Laws.


Section 2, The Cemetery Commissioners shall have charge of the maintenance and upkeep of the cemeteries in the Town, and shall make such rules and


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GENERAL GOVERNMENT


regulations respecting the cemeteries as they shall deem desirable.


Section 3. The Town shall accept and forever hold in trust any gift or bequest for the perpetual care, preservation, improvement, embellishment or enlargement of any public or private burial place, or any lots or graves therein, which gifts or bequests shall be paid into the Town Treasury. Said gifts and bequests shall be invested and the income therefrom expended as provided in the General Laws.


Section 4, Sale of unsold lots in the cemeteries of the Town shall be in accordance with


the regulations of and at prices determined by the Ceme- tery Commissioners, and deeds for the same shall be delivered to the purchasers thereof by the Commissioners when payment has been completed. Proceeds of such sales shall be paid into the Town Treasury and shall be held separate from other funds of the Town pending appropria- tion for cemetery purposes by the Town in accordance with the General Laws.


Article XI


Miscellaneous


Section 1. Firearms and Explosives


No person shall fire or discharge any firearms or explosives of any kind with- in the limits of any highway, park, or other public proper- ty, or on or over any private property except with the consent of the owner or legal occupant thereof; provided, however, that this By-Law shall not apply to the lawful defense of life or property nor to any law-enforcement officer acting in the performance of his duties, nor to fireworks displays authorized by vote of the Town. Any person violating this By-Law shall be punished by a fine of not more than twenty dollars.


Section 2, Town Seal and Sealed Instruments


(a) The design of the Town Seal shall be: a circle, in the border the words


"Lincoln. Incorporated in 1746 as a precinct; in 1754 as a Town"; in the center, a shield, in the chief or upper part of which on a cross, gules, a fleur-de-lis, gold, from the old seal of Lincoln, England, and in the base of


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TOWN MEETINGS


the shield a view of the present Town Hall; crest, the old chestnut tree standing upon the common in Lincoln; in saltire two shepherd's crooks.


(b) All deeds and other legal documents made, given or entered into by the Town


requiring a seal shall be sealed with the Town Seal, and


signed in behalf of the Town by a majority of the Select- men or other appropriate authority.


Section 3. Public Ways


(a) Names of the public ways of the Town shall not be changed except by vote of the Town.


( b) No person shall place any obstruc- tion in a public way and allow it to remain there, or break or dig up, or aid in breaking or digging up, any part of any street, or remove any earth or gravel therefrom, without having first obtained a


written license from the Selectmen for that purpose.


Section 4. Removal of Vehicles from Public Ways


Any vehicle on a public way in the Town interfering with the removal of snow or ice, may be towed or otherwise removed by or under the direction of the Superintendent of the Highway Department to a public garage or any convenient place. Said Super - intendent shall, within a reasonable time, notify the Chief of Police of the removal of such vehicle and of the place to which it has been removed, and the Chief of Po- lice shall give like notice to the registered owner of the vehicle. The owner shall pay the cost of removal not ex- ceeding ten dollars and any storage charges resulting therefrom.


Section 5. Peddlers


No person shall sell, display or ad- vertise for sale any articles, goods, wares, or merchandise of any description whatsoever within the limits of any public way, park or other public proper- ty without a written permit from the Selectmen. No per - mit shall be granted by the Selectmen unless they deter- mine the same to be in the public interest and not injuri- ous to the health, safety and welfare of the inhabitants of the Town. Each such permit shall stipulate the term


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GENERAL GOVERNMENT


thereof and such other provisions as the Selectmen may determine, and a charge not exceeding ten dollars per day may be levied for issuing the same. No permit may be granted which is in conflict with the Zoning By-Laws of the Town.


Section 6. Junk Dealers


No person shall collect, deal in, or keep a shop for the purchase, sale or barter of junk, old metals or second-hand articles within the limits of the Town, unless licensed by the Board of Selectmen.


Section 7. Billboards and Signs


(a) Except as provided in the General Laws, no person, firm, association or corporation shall erect, display or maintain a billboard, sign or other outdoor advertising device within one hun- dred feet of any public way or public park or reservation unless a permit for the same shall first have been ob- tained from the Selectmen. No permit shall be granted by the Selectmen unless they determine the same to be in the public interest and not injurious to the health, safety and welfare of the inhabitants of the Town.


( b) The provisions of this Section shall not apply to signs or other de- vices which advertise or indicate either the person occu- pying the premises in question or the business transacted thereon, or advertise the property itself or any part thereof as for sale or to let.


(c) Whoever violates any provision of this Section shall be punished by a fine of not more than one hundred dollars, and whoever, after conviction for such violation, unlawfully maintains such billboard, sign or other outdoor advertising device for twenty days thereafter, shall be punished by a fine of not more than five hundred dollars.


Section 8. Vacancies in Office


Unless otherwise provided in these By- Laws, governing instrument, or the General Laws, vacancies in any elected office of the Town shall be filled by the Selectmen, and vacancies in any


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TOWN MEETINGS


appointive office shall be filled by the person or persons having the authority to make appointments to such office.


Article 14. To determine whether the Town will vote to celebrate Independence Day, the fourth of July, appoint a committee, raise and appropriate the sum of $500.00, or any other sum, or take any action relative thereto. Voted : That the Moderator appoint a committee of five to plan a celebration for Independence Day, the fourth of July, and that the Town raise and appropriate the sum of $500.00 for the use of said Committee.


Article 15. To determine whether the Town will vote to raise and appropriate the sum of $2,000.00, or any other sum, for the purpose of extending the fire alarm system to the DeCordova Museum, Storrow House, and St. Anne's Church, or take any other action relative thereto. Voted : That the Town appropriate the sum of $2,100.00 for the purpose of extending the fire alarm system to the DeCordova Museum, Storrow House, and St. Anne's Church, said sum to be taken from free cash.


Article 16. To determine whether the Town will vote to raise and appropriate the sum of $4,500.00, or any other sum, for the purpose of renovating the audible alarm system, or take any other action relative thereto. Voted: That the Town appropriate the sum of $4,500.00 for the purpose of renovating the audible alarm system, said sum to be taken from free cash.


At 11.25 P. M. the meeting was adjourned until 7:30 P. M. Tuesday, March 17, 1959, at which time the meeting was called to order, and the following business transacted:


Article 17. To determine whether the Town will vote to raise and appropriate from taxation, borrowing, avail- able funds, or any combination thereof, a sum of money sufficient to erect, equip and furnish an elementary school plant on the site of the Smith and Hartwell Schools or take any other action relative thereto.


Voted: (Affirmative, 363; Negative, 132) That the sum of $251,000 be raised and appropriated for the purpose of constructing and originally equipping and furnishing a new elementary school plant on the site of the Smith and Hartwell Schools, and to meet said appropriation, that the sum of $11,000 be raised and appropriated from taxa- tion, and that the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum


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GENERAL GOVERNMENT


of $240,000, and to issue bonds or notes of the Town therefor under the authority of and in accordance with the provisions of Chapter 645 of the Acts of 1948, as amended; and that the Committee appointed by the Moderator in accordance with the vote of the Town under Article 17 at the Annual Meeting on March 17, 1958, is hereby con- tinued, and is hereby authorized and empowered to enter into contracts and to do or cause to be done all things necessary or desirable to construct, equip and furnish said new elementary school plant; and that the Moderator is hereby authorized to fill any vacancy which may occur on said Committee.


Article 18. To determine whether the Town will vote to authorize the Water Commissioners to renew approximate- ly 525 feet of pipe along route 126 from Giles Road to the Wayland town line, join the terminus with the Wayland main at that point, and install a control gate between the mains, appropriate $2,500.00, or take any other action relative thereto.


Voted : That the Town appropriate the sum of $2,500.00 to renew approximately 525 feet of pipe along route 126 from Giles Road to the Wayland town line, join the terminus with the Wayland main, and install a control gate between the mains, said sum to be taken from the Water Works Treasury.


Article 19. To determine whether the Town will authorize the Water Commissioners to renew about 1600 feet of pipe on Tower Road with 8" transite pipe, with neces- sary hydrants and gates, appropriate $7,500.00, or take any other action relative thereto.


Voted : That the Town appropriate the sum of $13,000.00 to renew about 1600 feet of pipe on Tower Road with 8 inch pipe, with the necessary hydrants and gates, said sum to be taken from the Water Works Treasury.


Article 20. To determine whether the Town will vote to amend section 3-3 of the Building Code of the Town of Lincoln as proposed in copy now on file with the Town Clerk and a copy of which has been distributed to each household in the Town.


Voted : ( unanimously) That the Town amend the Build- ing Code of the Town of Lincoln as follows: By striking out the first paragraph of Section 3-3 of Chapter 1 and substituting therefor the following: "Fees. An appli- cant requesting a permit for either building, plumbing or


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TOWN MEETINGS


wiring or any combination thereof, shall pay on the basis of the following fees prior to the receipt of a permit: a . Other than municipal buildings - (1) For the erection or alteration of any building or other structure, excluding plumbing and wiring, one tenth of one per cent (0.1%) of the cost of the work for which the permit is requested, pro- vided that the minimum fee shall be $5.00.


(2) For the installation, alteration, or other change of plumbing:


up to $300.00 $3.00


$300.00 to $1,000.00


$5.00


$1,000.00 to $5,000.00 $10.00


$5,000.00 and over


$15.00


(3) For the installation, alteration, other change of wiring:


or


For each $100.00 of cost $1.50 Minimum fee $2.00


b.


Municipal


buildings -


For the erection or alteration of any municipal building or structure, ex- cluding plumbing and wiring, one tenth of one per cent (0.1%) of the first one hundred thousand dollars ($100,000) of the cost of the work and one twentieth of one per cent (0.05%) of the cost of the work in excess of $100,000.


For the installation, alteration, or other change of plumbing or wiring, the fees as indicated in subdivisions (2) and (3) of 'a' above shall apply.


Article 21. To determine whether the Town will auth- orize the Selectmen to file a bill in the Legislature to permit the Town, by a two-thirds vote, at an annual Town Meeting, to pay a retirement annuity of $500.00 per annum to Andrew J. Dougherty.


Voted: Yes, 220; No, 87. That the Town authorize the Selectmen to file a bill in the Legislature to permit the Town, by a two-thirds vote, at an annual Town Meeting to pay a retirement annuity of $500.00 per annum to Andrew J. Dougherty.


Article 22. To determine whether the Town will authorize the Planning Board to obtain options for land


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GENERAL GOVERNMENT


or rights therein that it desires to recommend be acquired by the Town as locations for future streets, playgrounds and recreational purposes, or for any other proper munici- pal purpose; appropriate a sum of money therefor, or take any other action relative thereto.


Voted: Yes, 285; No, 14. That the Planning Board be authorized in the name and on the behalf of the Town to obtain options for land or rights therein that it desires to recommend be acquired by the Town as locations for play- grounds and recreational purposes, or for any other munici- pal purpose, and that the sum of $1,000.00 be appropriated from free cash for such purposes.


Article 23. To determine whether the Town will vote to establish a Stabilization Fund for long range land acquisition, to raise and appropriate a sum of money there- for, or take any other action relative thereto. Voted : That a Stabilization Fund be established as provided under the provisions of General Laws, Chapter 40, Section 5 B, as amended, and that there be appropriated thereto from free cash for the purpose of long-range land acquisition the sum of $7,000.00.


Article 24. To determine whether the Town will vote to raise and appropriate the sum of $20,000.00, or any other sum, to develop the Smith School Athletic Field, or take any other action relative thereto.


Voted : To withdraw.


Article 25. To determine whether the Town will vote to raise and appropriate the sum of $1,700.00, or any other sum, for the purchase of a Police Car to replace existing equipment, or take any action relative thereto. Voted : That the Town raise and appropriate the sum of $1,700.00 for the purchase of a Police Car, 1956 Ford two-door sedan to be turned in.


Article 26. To determine whether the Town will vote to raise and appropriate the sum of $1,700.00, or any other sum, for the purchase of a Board of Health car to replace existing equipment, or take any other action rela- tive thereto.


Voted : That the Town raise and appropriate the sum of $1,700.00 for the purchase of a Board of Health car, 1955 Chevrolet two-door sedan to be turned in.


Article 27. To determine whether the Town will authorize the Board of Selectmen and the School Committee


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TOWN MEETINGS


to enter into a contract with the U. S. Commissioner of Education to operate an elementary school to be located on L. G. Hanscom Field, Bedford, Massachusetts, provided said contract conforms with the provisions of the resolu- tion voted by the Town pursuant to Article 23 of the Warrant for the 1957 Annual Town Meeting, or take any action relative thereto.


Voted : That the Town authorize the Board of Selectmen and the School Committee to enter into a con- tract with the United States Commissioner of Education to operate an elementary school to be located on the L. G. Hanscom Field, Bedford, Massachusetts, provided said con- tract conforms with the provisions of the resolution voted by the Town pursuant to Article 23 of the Warrant for the 1957 Annual Town Meeting.


Article 28, To determine whether the Town will vote to accept as a public way the private road known as Laurel Drive, as shown on a plan entitled "Subdivision of Land in Lincoln, Mass., owned by Brown's Wood, Incorporated, " drawn by Ranulf W. Gras, dated February 8, 1955, and recorded with Middlesex Southern District Registry of Deeds at the end of Book 8475, or take any other action relative thereto.


Voted : That subject to the receipt of a deed under easement in form satisfactory to the Selectmen, the Town accept as a public way the private road known as Laurel Drive, as shown o on a plan entitled "Subdivision of land in Lincoln, Mass., owned by Brown's Wood, Incorpora- ted, " drawn by Ranulf W. Gras, dated February 8, 1955, approved by the Planning Board of the Town of Lincoln, March 9th, 1955, and recorded with Middlesex Southern Dis- trict Registry of Deeds at the end of Book 8475, such acceptance to be conditional upon the prior completion of certain work, specified by and subject to the approval of the Superintendent of Highways and the Board of Selectmen.


Article 29. To determine whether the Town will vote to accept as a public way the private road known as Moccasin Hill, as shown on a plan entitled "Subdivision of Land in Lincoln, Mass., owned by Brown's Wood, Incorpora- ted, " drawn by Ranulf W. Gras, dated February 8, 1955, and recorded with Middlesex Southern District Registry of Deeds at the end of Book 8475, or take any other action relative thereto.


Voted : That subject to a deed under easement in form satisfactory to the Selectmen the Town accept as a public way the private road known as Moccasin Hill, as


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GENERAL GOVERNMENT


shown on a plan entitled "Subdivision of Land in Lincoln, Mass., owned by Brown's Wood, Incorporated, " drawn by Ranulf W. Gras, dated February 8, 1955, approved by the Planning Board of the Town of Lincoln March 9th, 1955, and recorded with Middlesex Southern District Registry of Deeds at the end of Book 8475, such acceptance to be con- ditional upon the prior completion of certain work speci- fied by and subject to the approval of the Superintendent of Highways and the Board of Selectmen.


Article 30. To determine whether the Town will vote to appropriate the sum of $14,029.00 for the purpose of repairing Bedford Road under the provisions of Chapter 718 of the Acts of 1956. Voted : That the Town appropriate $14,029.20 for the purpose of repairing Bedford Road, said sum to be taken from funds received by the Town under Chapter 718 of the Acts of 1956.


Article 31. To determine whether the Town will vote to raise and appropriate the sum of $4,500.00, or any other sum, for the purchase of a Highway Truck to replace existing equipment, or take any other action relative thereto.


Voted: That the Town appropriate the sum of $4,500.00 for the purchase of a Highway Truck, 1951 Ford to be turned in, said sum to be taken from Free Cash.


Article 32. To determine whether the Town will vote to raise and appropriate the sum of $2,600.00, or any other sum, for the purchase of a roller and trailer for the use of the Highway Department, or take any other action relative thereto.


Voted : That the Town appropriate the sum of $2,600.00 for the purchase of a roller and trailer, said sum to be taken from Free Cash.


Article 33. To determine whether the Town will vote to appropriate the sum of $750.00, or any other sum, for the purpose of transporting children to Lake Walden for Red Cross swimming classes, or take any action relative thereto.


Voted : That the Town appropriate the sum of $750.00 for the use of the Recreation Committee to provide transportation to the Red Cross swimming classes at Lake Walden, said sum of $750.00 to be taken from free cash, and repaid to the Town, if and when collected from the children transported.


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ELECTIONS


Article 34, To determine whether the Town will vote to request the Trustees under the Will of Julian de Cordova to pay over to the DeCordova and Dana Museum and Park one hundred per cent (100%) of the B. Trust net income for the year 1958, or take any other action relative thereto. Voted: That the Town request the Trustees under the will of Julian DeCordova to pay over to the DeCordova and Dana Museum and Park corporation 100% of the B. Trust net income for the year 1959.


ANNUAL TOWN ELECTION March 21, 1959


In accordance with Article 1 of the Warrant for the Annual Town Meeting, the polls were declared open by the Moderator at 12 o'clock noon. Previously the ballot box had been inspected and the following Ballot Clerks duly sworn: Margaret M. Algeo, Elizabeth J. Snelling, Manley B. Boyce, William O. Causer, Andrew Joseph Dougherty and D. Everett Sherman, Jr. The polls were declared closed at 7 o'clock P. M. with the following results. Total number of votes cast was 897.




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