Town annual report of Andover 1955-1959, Part 3

Author: Andover (Mass.)
Publication date: 1955
Publisher: The Town
Number of Pages: 1266


USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1955-1959 > Part 3


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Opening prayer was offered by Rev. John S. Moses.


Salute to the flag was led by J. Everett Collins.


The warrant and return of service by the constable was read by the Town Clerk.


(Constable's Return)


ESSEX, SS


March 7, 1955


Pursuant to the foregoing warrant, I, the subscriber, one of the constables of the Town of Andover, have notified the inhabitants of said town to meet at the time and places and for the purposes stated in said warrant, by posting a true and attested copy of the same, on the Town House, on each Schoolhouse and in no less than five other public places where bills and notices are usually posted and by publication in the Andover Townsman. Said warrants have been posted and published seven days.


GEORGE N. SPARKS, Constable


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ARTICLE 1. To see if the Town will vote to amend para- graph one of Section IX of the zoning By-Law of the Town as most recently amended in March 1954, by striking out the same and substituting therefor the following paragraph : 1. Size of lots. Lands subdivided after the adoption of the By-Law shall provide in Zone A for lot frontages of not less than 115 feet and for lot areas of not less than 15,000 square feet, in Zone B for lot frontages of not less than 150 feet and for lot areas of not less than 30,000 square feet, and in Zone C for lot frontages of not less than 200 feet and for lot areas of not less than one acre, which Zones are shown on "Zoning Map of Revised Residence Districts in the Town of Andover, Mass. January 20, 1955" on file with the Town Clerk, provided, however, that the Board of Appeals may per- mit land to be subdivided with lot frontages and/or lot areas less than said requirements if two or more dwell- ings are located on an existing lot at the time this By-Law is adopted or if land is being subdivided for summer camp lots on or near the shores of a river, pond or lake. And Section III of said Zoning By-Law insofar as applicable is hereby amended to incorporate the foregoing changes, on petition of Fredric S. O'Brien and others.


Planning Board hearing held February 24, 1955, having been received March 9, 1955 and placed on file. Report of the Andover Planning Board relative to Ar- ticles I and II of Special Town Meeting, March 21, 1955. Pursuant to notice published in the Andover Townsman, a newspaper published in the Town of Andover on January 27, 1955, the Planning Board conducted a Public Hearing on Thursday, February 24, 1955, at 8:00 P. M. E. S. T., at New Central School Auditorium, for the consideration of the following proposed amendments to the Zoning By-Laws of the Town of Andover:


I


To see if the town will vote to amend paragraph one of Section IX of the zoning By-Laws of the Town as most


38


recently amended in March 1954, by striking out the same and substituting therefor the following paragraph :


1. Size of Lots. Lands subdivided after the adoption of the By-Law shall provide in Zone A for lot frontages of not less than 115 feet and for lot areas of not less than 15,000 square feet, in Zone B for lot frontages of not less than 150 feet for lot areas of not less than 30,000 square feet, and in Zone C for lot frontages of not less than 200 feet and for lot areas of not less than one acre, which Zones are shown on "ZONING MAP OF REVISED RESIDENCE DISTRICTS IN THE TRICTS IN THE TOWN OF ANDOVER, MASS.," on file with the Town Clerk, provided however, that the Board of Appeals may permit land to be subdivided with lot frontages and/or lot areas less than said re- quirements if two or more dwellings are located on an existing lot at the time this By-Law is adopted or if land is being subdivided for summer camp lots on or near the shores of a river, pond or lake.


And Section III of said Zoning By-Law insofar as ap- plicable is hereby amended to incorporate the fore- going changes.


II


To see if the Town will vote to amend paragraphs 3 (a) and 3(b) of Section IX of the Zoning By-Law of the Town of Andover by striking out same and substituting therefor the following paragraphs :


3. Front Yards.


(a) No building or structure or alteration or addition thereto shall extend within thirty feet in Zone A, forty feet in Zone B and fifty feet in Zone C of the Street line toward which it faces, which zones are shown on "ZONING MAP OF REVISED RESIDENCE DIS- TRICTS IN THE TOWN OF ANDOVER, MASS., "dated January 20, 1955, on file with the Town Clerk, except that open porches, small bays and eaves be ex- empt from the above provisions; but in no case shall


39


such projections extend within twenty feet of the street line in Zone A, within thirty feet in Zone B and forty feet in Zone C. Where there is practical difficulty in de- termining the location of the sideline of a street, or where the width of the street right-of-way is less than 40 feet, the sidelines of the street shall, for the purposes of this section, be considered to be parallel to and 20 feet from the pavement or roadway center line as de- termined by the Town Engineer.


(b) On corner lots the above provisions shall govern the set-back of the building or structure from either street line and no structure, fence, tree, or shrub shall obstruct the traffic visibility around the corner.


A majority, or three members of the Board, are in favor of the proposed amendment as worded and recommend its adoption. The majority of the Board are of the opinion that good future town planning calls for larger lots and minimum frontage and area as proposed. The experiences of other towns that have adopted similar requirements has been ex- cellent. In the interest of health, well-being as a whole to those who are to settle in new developments, and the beauty of the surrounding's with the new setbacks proposed will constitute good foresight for future building. The majority of the Board therefore feel that the interests of the town will be better protected by these requirements.


The minority, or two members of the Board, feel that the lots as established under our By-Laws at present are of sufficient size with sufficient required frontages, and that a change in the building setbacks is not required. It is their feeling that the required frontages, areas and setbacks suf- ficiently protect the town.


Town of Andover Planning Board


KIRK R. BATCHELLER RICHARD C. SIMMERS FRED E. CHEEVER LEON A. FIELD


40


Upon motion duly seconded, it was VOTED to accept Ar- ticle 1 as printed. The vote - Yes 702, No 45 - voted by more than 2/3 as required.


ARTICLE 2. To see if the Town will vote to amend para- graph 3(a) and 3(b) of Section IX of the Zoning By-Law of the Town of Andover by striking out the same and sub- stituting therefor the following paragraphs :


3. Front Yards.


(a) No building or structure or alteration or addition thereto shall extend within thirty feet in Zone A, forty feet in Zone B and fifty feet in Zone C of the street line toward which it faces, which zones are shown on Zon- ing Map of Revised Residence Districts in the Town of Andover, Mass. dated January 20, 1955, on file with the Town Clerk, except that open porches, small bays and eaves be exempt from the above provisions; but in no case shall such projections extend within twenty feet of the street line in Zone A, within thirty feet in Zone B, and forty feet in Zone C. Where there is practi- cal difficulty in determining the location of the sideline of a street, or where the width of the street right-of- way is less than 40 feet, the side-lines of the street shall, for the purposes of this section, be considered to be parallel to and 20 feet from the pavement or road- way center line as determined by the Town Engineer. (b) On corner lots the above provisions shall govern the setback of the building or structure from either street line and no structure, fence, tree or shrub shall obstruct the traffic visibility around the corner, on pe- tition of Fredric S. O'Brien and others.


See article 1 for report of Planning Board.


Upon motion duly seconded, it was VOTED unanimously to accept Article 2 as printed. A quorum was present.


ARTICLE 3. To see if the Town will vote to amend the Zoning By-Laws of the Town of Andover and change the


41


"Zoning Map of the Town of Andover, Massachusetts, dated January 27, 1936", by changing the designation of the fol- lowing area in Lowell Junction from "Single Residence" to "Industrial", said area being bounded and described as fol- lows:


Beginning at the common town boundary point between Andover-Wilmington and Tewksbury, thence running west- erly by the Andover-Tewksbury boundary to the center of the Shawsheen River which is a bound between Andover and Tewksbury, thence running northerly by the center of the Shawsheen River to an intersection with the line mark- ing the limit of the present Industrial area; thence south- easterly by said line to Lowell Junction Road; thence east- erly by Lowell Junction Road to its intersection with River Street; thence southerly by River Street to the Andover- Wilmington town boundary line to the common town bound- ary point between Andover, Wilmington, and Tewksbury, the point of beginning, on petition of the Andover Planning Board.


Article 3 was withdrawn from the warrant.


ARTICLE 4. To see if the Town will vote to raise and ap- propriate the amount of $10,000 for the purpose of creating a Master Plan for the Town of Andover as called for under the General Laws Chapter 41, Section 81-D. Such plan will show, among other things, existing and desirable proposed public ways, street grades, public places, bridges and tun- nels, viaducts, parks, parkways, playgrounds, sites for public buildings and structures, building and zoning districts, pier- head and bulkhead lines, waterways, route of railroads, buses and ferries, and locations of sewers, water conduits and other public utilities, and other pertinent features of such a plan, including existing private ways. Said plan to be made under the supervision of the Planning Board, on petition of the Andover Planning Board.


Upon motion duly seconded, it was VOTED to raise and appropriate the amount of $2,500 for the purpose of in-


42


stituting a Master Plan for the Town of Andover as called for under the Generals Laws Chapter 41, Section 81-D. Such plan will show, among other things, existing and de- sirable proposed public ways, street grades, public places, bridges and tunnels, viaducts, parks, parkways, play- grounds, sites for public buildings and structures, building and zoning districts, pierhead and bulkhead lines, water- ways, route of railroads, buses and ferries, and locations of sewers, water conduits and other public utilities, and other pertinent features of such a plan, including existing private ways. Said plan to be made under the supervision of the Planning Board.


ARTICLE 5. To see if the Town will vote to instruct the moderator to appoint a committee of five persons to study the present administrative organization of the town and the advantages, if any, of adopting a manager plan of ad- ministration, or an executive secretary to selectmen form of government, and to make a report of its findings and re- commendations (together with any necessary legislation) to the next annual town meeting, and to appropriate $500.00 for the use of said committee, or take any action relative thereto, on petition of the Andover Taxpayers Association.


Upon motion duly seconded, it was VOTED to accept Ar- ticle 5 as printed without any appropriation.


ARTICLE 6. To see if the Town will vote to move the gra- nite Memorial, in memory of Irene Wood Sutcliffe, daughter of William M. Wood, to the William M. Wood Memorial Park, and appropriate a sum of money not exceeding $1,750.00 for said purpose, on petition of Donald A. Mac- Neil and others.


Article 6 was defeated.


Under Article 19, it was attempted to reconsider this article, but motion was also defeated.


43


ARTICLE 7. To see if the Town will vote to accept the provisions of Chapter 640 of the Acts of 1953 which amends Chapter 48 of the General Laws by inserting after section 57 the following :


Section 57A If any permanent member of the fire fighting force or fire alarm division of a fire department of a city or town is required to serve a tour of duty during the twenty- four hour period commencing at eight o'clock in the morning of January first, February twenty-second, April nineteenth, May thirtieth, July fourth, the first Monday of September, October twelfth, November eleventh, Thanksgiving day or Christmas day, or the day following when any of the five first mentioned, or October twelfth, November eleventh or Christmas day, occurs on Sunday, he shall be given an ad- ditional day off, or, if such additional day off cannot be giv- en because of personnel shortage or other cause, he shall be entitled to an additional day's pay ; provided, that any such member who, through a rotation of shifts, works dif- ferent days in successive weeks shall be granted, in each year in which the number of holidays falling on his regular days off is in excess of the number of holidays in such year falling on Saturday, aditional days off equal to the excess, and, if any such additional day off cannot be given because of personnel shortage or other cause, an additional day's pay shall be allowed in lieu thereof. This section shall take effect in a city having a Plan E charter when accepted by the affirmative vote of a majority of the city council, subject to the provisions of its charter, and in a town by a majority vote at an annual town meeting, but not otherwise, on peti- tion of Henry L. Hilton and others.


Article 7 was defeated.


ARTICLE 8. To see if the Town will vote to amend the by-law adopted as Article 11 at the annual town meeting of the year 1949; "by striking out the words and figures fifty-six (56) in line six of said by-law and substituting in place thereof the words and figures forty-eight (48) so that said by-law shall read as follows - 'the hours of duty of


44


the permanent members of the Fire Department shall be so established by the Selectmen and/or the Chief of the Fire Department so that the average weekly hours of duty in any one year other than the hours which such member may be summoned and kept on duty because of conflagrations or emergencies, shall not exceed forty-eight (48) hours in num- ber', to be effective April 1, 1955", on petition of William F. Buchan and others.


Article 8 was withdrawn from the warrant.


ARTICLE 9. To see if the Town will vote to raise and ap- propriate or finance through a bond issue the sum of $162,500 for the purpose of enlarging the Memorial Hall Library, according to plans on file with the Library Trus- tees, through a one story addition to the front with side- walk level entrance, a two story addition to the West and interior alterations which will result in a more efficiently operated library building better able to meet effectively the present and future needs of this growing community, on petition of the Trustees of Memorial Hall Library.


Article 9 was defeated. The vote Yes - 116, No - 703.


ARTICLE 10. To see if the Town will vote to raise and ap- propriate $1,750,000.00 for the purpose of acquiring land and constructing and equipping a new High School Build- ing; and to determine whether the money shall be provided for by taxation, by appropriation from available funds in the Treasury, or by bond issue; or take any action in rela- tion thereto.


Upon motion duly seconded, it was VOTED to raise and appropriate $1,750,000.00 to be obtained by an issue of bonds, payable in not over 20 years from the date of issue, for the purpose of acquiring land known as the Esther Smith Estate, located on the southerly side of Shawsheen Road, comprised of about 75 acres and having a frontage of approximately 1900 feet on Shawsheen Road, and for the purpose of constructing and equipping a new high school


45


building and that a committee of not less than five or more than seven be appointed by the moderator for the purpose of carrying out the provisions of this article, and no money to be spent or contracts let until approved by the Finance Committee. The vote Yes 733 - No 168 - Voted by more than 2/3 as required.


ARTICLE 11. To see if the Town will vote to instruct the Board of Selectmen to petition the General Court for au- thority to borrow $1,500,000.00 outside the statutory in- debtedness for the purpose of constructing a school building, or take any other action thereto.


Upon motion duly seconded, it was VOTED to accept Ar- ticle 11 as read.


ARTICLE 12. To see if the Town will vote to authorize the School Committee to continue to maintain State-Aided Vocational Education in accordance with the provisions of Chapter 74, General Laws, and acts Amendatory thereto, or dependent thereon, and further raise and appropriate the sum of $1,820.00 therefor.


Upon motion duly seconded, it was VOTED to raise and appropriate the sum of $1,820.00 under Article 12.


ARTICLE 13. To see if the Town will vote to raise and ap- propriate the sum of $175,000.00 for the purpose of acquir- ing land at the discretion of the School Committee and con- structing and equipping a six-room addition to the West Elementary School, all work to be done under the super- vision of the School Committee, $75,000.00 to be taken from available funds in the Treasury, $100,000.00 to be included in the 1955 tax levy or by bonding for not more than twenty- years.


Upon motion duly seconded, it was VOTED unanimously to use the sum of $22,250.28 from unexpended balance of Article 1-1950 School Construction, $52,749.72 from free cash in the treasury, and $100,000.00 to be raised by bond


46


issue of not more than five years for the purpose of acquir- ing land at the discretion of the School Committee and constructing and equipping a six-room addition to the West Elementary School, all work to be done under the super- vision of the School Committee. A quorum was present.


ARTICLE 14. To see if the Town will vote to raise and ap- propriate or transfer from available funds, the sum of $85,000.00 for the purpose of constructing and equipping a four-room addition with any necessary alterations, to the Shawsheen School, all work to be done under the supervision of the School Committee.


Upon motion duly seconded, it was VOTED to transfer from available funds the sum of $85,000.00 for the purpose of constructing and equipping a four-room addition with any necessary alterations, to the Shawsheen School, all work to be done under the supervision of the School Com- mittee.


ARTICLE 15. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time after January 1, 1956 in anticipation of the revenue of the financial year begin- ning January 1, 1956, in accordance with Section 4, Chap- ter 44, General Laws, and to issue a note or notes therefor, payable within one year, and to renew any note so issued for a period of less than one year, in accordance with Sec- tion 17 of said Chapter 44.


Upon motion duly seconded, it was VOTED to accept Ar- ticle 15 as read.


ARTICLE 16. To see if the Town will vote to accept $4,024.00 including a flower fund of $500.00 received in 1954, for the perpetual care of lots in Spring Grove Ceme- tery, on petition of Thaxter Eaton, Treasurer.


Upon motion duly seconded, it was VOTED to accept Ar- ticle 16 as read.


47


ARTICLE 17. To see if the Town will vote to authorize the Board of Public Works to construct a water main in Tewksbury Street from the existing dead end westerly for a distance of about 800 feet, and raise and appropriate the amount of $3,200.00 therefore, on petition of James V. Let- ters, Jr. and others.


Article 17 was defeated.


ARTICLE 18. To see if the Town will authorize the Board of Public Works to extend the water main from dead end, at Fred Reed's Dascomb Road, westerly for a distance of about 2000 feet, to the property of Winthrop K. White, to be used for livestock, and raise and appropriate the amount of $8,000.00 therefor, on petition of Winthrop K. White and others.


Article 18 was passed over without action.


ARTICLE 19. To transact any other business that may legally come before the meeting :


A motion to reconsider Article 6 was defeated.


Upon motion duly seconded, it was VOTED to adjourn at 10:56 P. M.


SPECIAL ARTICLES


Bond Issue


From avail- able Funds


To be raised by taxation


ARTICLE 4-Instituting Master Plan of Andover


$2,500.00


ARTICLE 10-Bond Issue (New


High School


$1,750,000.00


ARTICLE 12-State-Aided Vocational Education 1,820.00


ARTICLE 13-Unexpended balance Art. 1-1950 School


Constr. (For West Elem.)


$ 22,250.28


ARTICLE 13-From Free Cash (For West Elem.) 52,749.72


48


ARTICLE 13-Bond Issue


(West Elem.) 100,000.00 ARTICLE 14 .- From available funds (For Shawsheen Sch.)


85,000.00


Totals


$1,850,000.00


$160,000.00


$4,320.00


The foregoing is a true record of the doings of the meeting.


Attest :


GEORGE H. WINSLOW, Town Clerk


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Special Town Meeting APRIL 4, 1955


Agreeably to a Warrant signed by the Selectmen, March 21, 1955, the Inhabitants of the Town of Andover, qualified to vote in Town Affairs met and assembled in the Memorial Auditorium on Bartlet Street on Monday, the fourth day of April, 1955 at 7:00 P. M.


The check lists were used at entrance and showed 389 voters admitted to the meeting.


The meeting was called to order by Roland H. Sherman, Moderator, at 7:35 P. M. when a quorum was counted.


Unanimous consent was voted to admit two members of the press and two other persons.


Opening prayer was offered by Rev. Frederick B. Noss. Salute to the flag was led by J. Everett Collins.


The Warrant and return of service by the constable was read by the Town Clerk.


(Constable's Return)


ESSEX, SS.


April 4, 1955


Pursuant to the foregoing warrant, I the subscriber, one of the constables of the Town of Andover, have notified the inhabitants of said town to meet at the time and place and for the purposes stated in said warrant, by posting a true and attested copy of the same, on the town house, on each Schoolhouse and in no less than five other public places where bills and notices are usually posted and by publication in the Andover Townsman. Said warrants have been posted and published seven days.


GEORGE N. SPARKS, Constable


ARTICLE 1. To see if the Town will vote to raise and ap- propriate or transfer from Free Cash the sum of $14,780.00


50


and to instruct the Board of Selectmen to raise through a ten year bond issue the sum of $200,000.00 for the purpose of constructing storm sewers and drains, and performing related work at the following various locations : -


along Rogers Brook from Brook Street to Main Street; along Rogers Brook from Chestnut Street to Whittier Street ;


along Rogers Brook from Whittier Street to Morton Street ;


along Rogers Brook and its tributaries from Morton Street to Summer Street;


on Yale Road, George Street, Dartmouth Road, Prince- ton Avenue, Corbett Street, Sherbourne Street, William Street, and private land to Hussey's Pond or brook;


on Wolcott Avenue, Maple Avenue, and private land between said streets ;


on Hidden Road near South Main Street, and also be- tween Gardner Avenue and the southerly end of Hidden Road;


on private land lying between Summer Street on the north, Chestnut Street on the south, Stratford Road on the east and Avon Street on the west ;


and authorize the Town to acquire such easements as may be necessary, by release, by purchase, or by seizure by right of eminent domain as recommended by the Board of Public Works and approved by the Town Counsel.


Upon motion duly seconded, it was VOTED to raise and appropriate the sum of $9,380.00 and to instruct the Select- men to raise through a ten year bond issue the sum of $145,000.00 for the purpose of constructing storm sewers and drains, and performing related work at the following various locations :-


along Rogers Brook from Brook Street to Main Street; along Rogers Brook from Chestnut Street to Whittier Street ;


along Rogers Brook from Whittier Street to Morton Street ;


51


along Rogers Brook and its tributaries from Morton Street to Summer Street.


on Yale Road, George Street, Dartmouth Road, Prince- ton Avenue, Corbett Street, Sherbourne Street, William Street, and private land to Hussey's Pond or brook; on Wolcott Avenue, Maple Avenue, and private land between said streets ;


on Hidden Road near South Main Street, and also be- tween Gardner Avenue and the southerly end of Hidden Road ;


on private land lying between Summer Street on the north, Chestnut Street on the south, Stratford Road on the east and Avon Street on the west ;


and authorize the Town to acquire such easements as may be necessary, by release, by purchase, or by seizure by right of eminent domain as recommended by the Board of Public Works and approved by the Town Counsel. The vote - Yes 385, No 4 - voted by more than 2/3 as required.


ARTICLE 2. To see if the Town will authorize the Board of Selectmen and the Board of Public Works to release to the Merrimack Mutual Fire Insurance Company the ease- ment rights of the Town acquired by grant from William M. Wood and Ellen A. Wood dated January 25, 1921, recorded in the North District of Essex Registry of Deeds, book 438, page 575, shown on Plan No. 414 in said Registry, in and to a strip of land 15 feet in width running from the South- erly boundary line of land of the Merrimack Mutual Fire Insurance Company located on the Easterly side of North Main Street to Balmoral Street and accept in exchange therefor a similar easement over other land of said company, subject to the approval of the Board of Public Works of the terms and conditions of such exchange, for the purpose of relocating a main sewer, all to the expense of the said Mer- rimack Mutual Fire Insurance Company, on petition of the Board of Selectmen.




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