Town annual report of Andover 1955-1959, Part 44

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

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Article 26 was withdrawn.

ARTICLE 27. To see if the Town will vote to change the method of sewer installation assessment for the Town from 25% for the Town and 75% for the abuttors as determined by the vote of the Annual Town Meeting of March 7, 1898 in acceptance of Chapter 386 of the Acts of 1895 and amend- ments thereto, which is an Act to authorize the Town of Andover to establish a system of sewerage, to one-third for the Town and two-thirds for the abuttors.

Article 27 was defeated.

ARTICLE 28. To see if the Town will petition the Legisla- ture to amend Section Eleven of Chapter 386 of the Acts of 1895, which is an Act to authorize the Town of Andover to establish a system of sewerage and insert after the final sentence, "When a sewer has been built running through land other than a street, no assessment shall be made as to said land abutting on said sewer until that part there- of occupied by the sewer has been laid out as a street, " the words "except when a connection is made to a cross- country sewer which benefits the estate."

Article 28 was defeated.

ARTICLE 29. To see if the Town will vote to appropriate the sum of $34,599.62 as the Town's share of the cost of Chapter 90 construction of Andover Street Bridge and de- termine whether the money shall be provided for by taxa- tion or from available funds in the treasury, including Sums received from the Commonwealth under Chapter 718 of the Acts of 1956, and appropriate the sum of $28,000.00 from available funds in the treasury to meet the State's and the County's shares of the cost of the work.

That the sum of $34,599.62 be appropriated as the Town's share of the cost of Chapter 90 construction of Andover Street Bridge, said appropriation to be provided for as follows : from the proceeds of allotment received from the Commonwealth under Chapter 718 of the Acts of 1956, $18,337.35; by taxation or from available funds in the treasury, $7,000.00; from the unexpended balance for

Ballardvale Bridge voted under Article 27 of the warrant for the annual town meeting in 1957, $2,540.93; and from the unexpended balance for highway construction voted under Article 34 of the warrant for the annual town meet- ing of 1957, $7,058.70; and that to meet the State's and County's shares of the cost of the work, the sum of $28,000.00 be appropriated from available funds in the treasury with the provision that when reimbursements are received from the State and County, they be restored to Surplus revenue .

Upon motion duly seconded, it was VOTED to appropriate the sum of $34,599.62 as the Town's share of the cost of Chapter 90 construction of Andover Street Bridge and the money shall be provided from available funds in the treasury, including sums received from the Commonwealth under Chapter 718 of the Acts of 1956, and appropriate the sum of $28,000.00 from available funds in the treasury to meet the State's and the County's shares of the cost of the work.

That the sum of $34,599.62 be appropriated as the Town's share of the cost of Chapter 90 construction of the Andover Street Bridge, said appropriation to be pro- vided for as follows: from the proceeds of allotment received from the Commonwealth under Chapter 718 of the Acts of 1956, $18,000.00; from available funds in the treasury, $7,000.00; from the unexpended balance for Bal- lardvale Bridge voted under Article 27 of the warrant for the annual town meeting in 1957, $2,540.92; and from the unexpended balance for highway construction voted under Article 34 of the warrant for the annual town meet- ing of 1957, $7,058.70; and that to meet the State's and the County's shares of the cost of the work, the sum of $28,000.00 be appropriated from available funds in the treasury with the provision that when reimbursements are received from the State and County they be restored to Surplus revenue.

ARTICLE 30. To see if the Town will authorize the Board of Public Works to repair and build sidewalks, construct highway fence and guard rails, and raise and appropriate the sum of $10,000.00 therefor.

Upon motion duly seconded, it was VOTED to raise and appropriate the sum of $10,000.00 under Article 30.

ARTICLE 31. To see if the Town will vote to authorize the Town through its Board of Public Works to acquire land on the north side of Wildwood Road and to accept land as a gift from Clinton D. Shaw for the purpose of relocating a portion of said Wildwood Road and raise and appropriate

$1.00 for said land acquisition. A plan of this area is on file at the Office of the Town Clerk.

Upon motion duly seconded, it was VOTED unanimously to raise and appropriate the sum of $1.00 under Article 31.

ARTICLE 32. To see if the Town will vote to authorize the Town through its Board of Public Works to acquire land on the east side of Woodland Road and to accept land from the Trustees of Phillips Academy for the purpose of relocating a portion of said Woodland Road and to give to the Trus- tees of Phillips Academy the abandoned portion of Woodland Road retaining an easement for the existing water main and to raise and appropriate $1.00 for said land acquisition, all to be found on a plan to be filed at the Office of the Town Clerk.

Upon motion duly seconded, it was VOTED unanimously to raise and appropriate the sum of $1.00 under Article 32.

ARTICLE 33. To see if the Town will vote to appropriate $5,000.00 from unappropriated available funds in the treasury for improving certain portions of highways, by securing easements, by gift, by purchase, by release or by seizure by right of eminent domain upon the recommenda- tion of the Board of Public Works and as approved by the Town Counsel on the following streets:

Argilla Road River Street

Sunset Rock Road

Reservation Road Salem Street Woburn Street

Upon motion duly seconded, it was VOTED unanimously to raise and appropriate $5,000.00 for improving certain portions of highways, by securing easements, by gift, by purchase, by release or by seizure by right of eminent domain upon the recommendation of the Board of Public Works and as approved by the Town Counsel on the following streets:

Argilla Road Reservation Road

River Street Sunset Rock Road

Salem Street Woburn Street

A quorum was present.

ARTICLE 34. To see if the Town will vote to authorize the Town, through its Board of Public Works, to acquire land on Ballardvale Road by gift, by purchase, or by seizure by right of eminent domain for the purpose of widening and relocating said road in the vicinity of Holihan's and land of Henry K. Jenkins; and raise and appropriate the amount of $500.00 for said land acquisition and relocation work.

Upon motion duly seconded, it was VOTED unanimously to raise and appropriate the sum of $500.00 under Article 34.

ARTICLE 35. To see if the Town will vote to raise and ap- propriate the amount of $4,000.00 for the purpose of in- stalling a drain from Bancroft Reservoir on town land to an by way of Bancroft Road to an existing brook, a dis- tance of 1,500 feet, more or less. (This drain is to provide a means of cleaning Bancroft Reservoir) .

Upon motion duly seconded, it was VOTED to raise and appropriate the sum of $4,000.00 under Article 35.

ARTICLE 36. To see if the Town will vote to raise and ap- propriate the sum of $234,110.00 for the purpose of con- structing a relief trunk sewer from the Riverina Road Sewage Pumping Station to Essex Street; To the interceptor on Essex Street; and transfer from available funds or raise by taxation $24,110.00 and instruct the treasurer with the approval of the Selectmen to issue and sell bonds in the amount of $210,000:00; All work to be done under the supervision of the Board of Public Works with the ap- proval of the Finance Committee and Board of Selectmen.

Article 36 was defeated.

ARTICLE 37. To see if the Town will vote to authorize .he Board of Public Works to construct a main Trunk sewer from the existing 10-inch sewer in Lowell Street westerly a distance of 250 feet, thence southerly in Marwood Drive a distance of 100 feet, thence westerly across-country to Mary Lou Lane, a distance of 2250 feet, all distances being approximate, and to provide sewerage facilities to the properties within the Shawsheen Hylands development as follows:

Mary Lou Lane 1155 Feet, more or less Marilyn Road 885 Feet, more or less

Arthur Road Theodore Avenue

480 Feet, more or less

910 Feet, more or less

Across-Lots Between Arthur Road & Theodore Avenue

280 Feet, more or less

and to raise and appropriate the sum of $15,750.00 and raise by taxation and/or transfer from available funds in the Treasury and/or by a 20-year bond issue $100,000.00, to construct the same on the proviso that the final cost of such work as done, be assessed proportionately as a betterment charge to all property owners who benefit either directly or indirectly as determined by the Board of Public Works; and to authorize the Town to acquire

easements by release, by purchase, or by seizure by right of eminent domain upon the recommendation of the Board of Public Works and with the approval of the Town Counsel, on petition of William C. Schmidt and others.

Upon motion duly seconded, it was VOTED to authorize the Board of Public Works to construct a main Trunk sewer from the existing 10-inch sewer in Lowell Street westerly a distance of 250 feet, thence southerly in Marwood Drive a distance of 100 feet, thence westerly across-country to Mary Lou Lane, a distance of 2250 feet, all distances be- ing approximate, and to provide sewerage facilities to the properties within the Shawsheen Hylands development as follows:

Mary Lou Lane

1155 Feet, more or less

Marilyn Road

885 Feet, more or less

Arthur Road

480 Feet, more or less

Theodore Avenue

910 Feet, more or less

Across-Lots Between Arthur Road &

280 Feet, more or less

Theodore Avenue

and raise and appropriate by transfer from available funds in the Treasury the sum of $115,750.00 to construct the same on the proviso that the final cost for such work as done, be assessed proportionately as a betterment charge to all property owners who benefit either directly or in- directly as determined by the Board of Public Works; and to authorize the Town to acquire easements by release, by purchase, or by seizure by right of eminent domain upon the recommendation of the Board of Public Works and with the approval of the Town Counsel, no work to be commenced without the approval of the Finance Committee and the Board of Selectmen. Voted by more than 2/3 as required. A quorum was present.

ARTICLE 38. To see if the Town will vote to authorize the Board of Health to call for bids and award a contract for the collection and disposal of garbage for one year and raise and appropriate $25,000.00 for this purpose, on petition of James B. Sullivan and others.

Article 38 was defeated. The vote: Yes-353, No-388.

ARTICLE 39. . To see whether the Town will vote to approve the construction of a new housing project by the Andover Housing Authority, namely, a housing project for elderly persons pursuant to the provisions of Chapter 667 of Massa- chusetts, Acts of 1954, and acts in amendment thereof and in addition thereto, to be known as State-Aided Housing Project 667-1.

Upon motion duly seconded, it was VOTED to approve the construction of a new housing project by the Andover Hous- ing Authority, namely, a housing project for elderly per - sons pursuant to the provisions of Chapter 667 of Massa- chusetts, Acts of 1954, and acts in amendment thereof and in addition thereto, to be known as State-Aided Housing Project 667-1.

ARTICLE 40. To see if the Town of Andover will vote to authorize the Board of Selectmen to convey, by deed, to the Andover Housing Authority a portion of town-owned land located westerly of the present veteran's housing project and more particularly bounded and described as follows: Beginning at a point at the northeasterly corner of land of one Coates and thence proceeding northwesterly by land of the Andover Housing Authority a distance of 360' to a stone bound, thence proceeding easterly by land of the said Authority a distance of 200' to a point, thence pro- ceeding northerly 49' to a drill hole in a stone wall, thence proceeding northwesterly 105' by the said wall to the center line of Roger's Brook, thence proceeding wester- ly following the course of Roger's Brook a distance of 350' more or less to a stone wall opposite of the land of one Mulvey, thence proceeding southerly along said stone wall a distance of 590', to the northwesterly corner of land of Sullivan and thence proceeding easterly by land of Sullivan and Coates 198' to the point of beginning, containing approximately 2 acres.

Upon motion duly seconded, it was VOTED to authorize the Board of Selectmen to convey, by deed, to the Andover Housing Authority a portion of town-owned land located westerly of the present veteran's housing project and more particularly bounded and described as follows: Beginning at a point at the northeasterly corner of land of one Coates and thence proceeding northwesterly by land of the Andover Housing Authority a distance of 360' to a stone bound, thence proceeding easterly by land of the said Authority a distance of 200' to a point, thence proceeding northerly 49' to a drill hole in a stone wall, thence pro- ceeding northwesterly 105' by the said wall to the center line of Roger's Brook, thence proceeding westerly follow- ing the course of Roger's Brook a distance of 350' more or less to a stone wall opposite of the land of one Mulvey, thence proceeding southerly along said stone wall a dis- tance of 590', to the northwesterly corner of land of Sullivan and thence proceeding easterly by land of Sulli- van and Coates 198' to the point of beginning, containing approximately 2 acres. This article was voted by a more than two-thirds majority as declared by the Moderator. A

quorum was present.

ARTICLE 41. To see if the Town will vote to amend the Zoning By-law to establish as a multiple housing district that area which is westerly of the present veteran's hous- ing project and more particularly bounded and described as follows: Beginning at a point at the northeasterly corner of land of one Coates and thence proceeding northwesterly by land of the Andover Housing Authority a distance of 360' to a stone bound, thence proceeding easterly by land of the said authority a distance of 200" to a point, thence proceeding northerly 49' to a drill hole in a stone wall, thence proceeding northwesterly 105' by the said wall to the center line of Roger's Brook, thence proceed- ing westerly following the course of Roger's Brook a dis- tance of 350' more or less to a stone wall opposite the land of one Mulvey, thence proceeding southerly along said stone wall a distance of 590" to the northwesterly corner of land of Sullivan and thence proceeding easterly by land of Sullivan and Coates 198' to the point of beginning, con- taining approximately 2 acres.

Upon motion duly seconded, it was VOTED unanimously to amend the Zoning By-law to establish as a multiple housing district that area which is westerly of the present veter- an's housing project and more particularly bounded and described as follows: Beginning at a point at the north- easterly corner of land of one Coates and thence proceed- ing northwesterly by land of the Andover Housing Authority a distance of 360' to a stone bound, thence proceeding easterly by land of the said authority a distance of 200' to a point, thence proceeding northerly 49' to a drill hole in a stone wall, thence proceeding northwesterly 105' by the said wall to the center line of Roger's Brook, thence proceeding westerly following the course of Roger's Brook a distance of 350' more or less to a stone wall opposite the land of one Mulvey, thence proceeding southerly along said stone wall a distance of 590' to the northwesterly corner of land of Sullivan and thence proceeding easterly by land of Sullivan and Coates 198' to the point of begin- ning, containing approximately 2 acres. A quorum was present.

ARTICLE 42. To see if the Town will vote to amend Article 1, Section 3 of the Town By-Laws so that it will read as follows:

"Article 1, Section 3.

A motion for a secret ballot on an article in a Town Warrant which has been properly made and seconded shall be put to a standing vote. If the motion upon such standing vote is approved by twenty-five per cent (25%) or more of the members present and voting, ballots approved by the

Moderator as to form shall be used for voting on the arti- cle.

Ballots shall be in the possession of the Moderator at the call to order of the meeting and it shall be the responsibility of the Moderator to make certain that they are in his possession before he calls the meeting to order."

Upon motion duly seconded, it was VOTED to amend Article 1, Section 3 of the Town By-Laws so that it will read as follows:

"Article 1, Section 3.

A motion for a secret ballot on an article in a Town Warrant which has been properly made and seconded shall be put to a standing vote. If the motion upon such stand- ing vote is approved by twenty-five per cent (25%) or more of the members present and voting, ballots approved by the Moderator as to form shall be used for voting on the article.

ARTICLE 43. To see if the Town will vote to adopt the following by-law:

Any article in the warrant for any annual Town Meet- ing which proposes to make an appropriation of funds and which is disapproved by the Finance Committee shall re- quire a two-thirds majority, of the meeting members pres- ent and voting, for adoption.

Article 43 was defeated.

ARTICLE 44. To see if the Town will vote to accept the following by-law:

Employees of the Town of Andover shall not be eligi- ble for elective office in the general departments in which they are employed. Any such employee seeking elec- tion to office shall take a leave of absence from his employment for at least two months prior to the date of the election.

Article 44 was withdrawn.

ARTICLE 45. To see if the Town will vote to adopt the following by-law:

It shall be unlawful for any town employee or any elective or appointive official of the town, directly or indirectly, to make a contract with the town, or to re- ceive any reward from, or any share in the profits of, any person or corporation making or performing such con- tract, unless the letting of such contract results from open competitive bids; provided, however, that this by- law shall be subject to the provisions of the general laws of the Commonwealth of Massachusetts pertaining to emer- gencies and other circumstances in which competitive bid- ding is impossible. Violation of this by-law shall render the contract in respect to which such violation occurs void.

Article 45 was withdrawn.

ARTICLE 46. To see if the Town will vote to adopt the following by-law:

It shall be incumbent upon every employee, and every elective and appointive official of the town who is dir- ectly or indirectly associated with the execution of any contract and/or the preparation of any plans, schedules or programs which will result in the submission of such plans, schedules or programs or in the submission of land and/or other property or materials to any town board for approval and/or acceptance, to notify the selectmen, by registered mail, of the contract or other activity as herein described and of the nature of his interest there- in, and shall abstain from doing any official act on be- half of the town in reference thereto. Violation of this by-law shall render such employee or official subject to removal from employment or office upon proper legal action by any citizen of the Town.

Article 46 was withdrawn.

ARTICLE 47. To see if the Town will vote to instruct the School Committee to expand the teachers' salary study committee to add two laymen to be appointed by the Modera- tor and at least one of which shall be from the Finance Committee.

Article 47 was defeated.

A motion was made and seconded to adjourn at 10:45 P.M. The meeting will be continued Monday, March 17, 1958 at 7:30 o'clock P.M.

ADJOURNED TOWN MEETING, MARCH 17, 1958

The meeting is called to order by Charles G. Hatch, Moderator, at 7 : '0 o'clock P. M.

The check lists were used at the entrance, showing 551 voters admitted to the meeting.

Unanimous consent was voted to admit ten visitors to the meeting.

ARTICLE 48. To see if the Town will vote to amend the Zoning By-law by striking out that part of Section IX, paragraph 1, which reads "and in Zone C for lot frontages of not less than 200 feet and for lot areas of not less than one acre" and inserting instead, "in Zone C for lot frontages of not less than 180 feet."

Upon motion duly seconded, it was VOTED to amend the Zoning By-law by striking out that part of Section IX, paragraph 1, which reads "and in Zone C for lot frontages of not less than 200 feet and for lot areas of not less than one acre" and inserting instead, "in Zone C for lot frontages of not less than 180 feet and for lot areas of not less than one acre". Voted by more than 2/3 as re- quired by an overwhelming majority. A quorum was present.

ARTICLE 49. To see if the Town will vote to change from Single Residence B to Single Residence C a portion of the Town bounded as follows: beginning at a point on South Main Street 220 feet south of Ballardvale Road, thence proceeding westerly by a line 220 feet southerly from and parallel with Ballardvale Road to the intersection of said line with Woburn Street, thence proceeding northerly by Woburn Street to its intersection with Andover Street, thence proceeding westerly by Andover Street 540 feet to the abandoned railroad right of way, thence proceeding northerly by said abandoned right of way to its intersec- tion with Abbot Street, thence proceeding northerly and easterly by Abbot Street to its intersection with Spring Grove Road, thence proceeding southerly by Spring Grove Road to its intersection with Porter Road, thence proceed- ing northeasterly by Porter Road to its intersection with Hidden Road, thence proceeding northeasterly by Hidden Road to South Main Street, thence proceeding southerly by South Main Street to the point of beginning.

Article 49 was defeated. The vote: Yes-291, No-194. Less than 2/3 as required. A quorum was present.

ARTICLE 50. £ To see if the Town will vote to change from Single Residence B to Single Residence C a portion of the

Town surrounding Pomps Pond bounded as follows: beginning at the intersection of the Boston & Maine Railroad with the northern boundary of the present Industrial A Zone in Ballardvale and proceeding northerly along said Boston & Maine Railroad to a point which is 170 feet southerly from the Central Street underpass, thence turning and proceed- ing easterly along a line which is 170 feet southerly from Central Street, Sawyer & Torr Streets to a point which is 220 feet westerly from Abbot Street, thence turning and proceeding southerly along a line which is 220 feet wester- ly from Abbot Street, thence turning and proceeding south- erly along a line which is 220 feet westerly from and par- allel to Abbot Street to the intersection of said line with the road leading to Camp Maud Eaton, thence proceed- ing easterly along said road to its intersection with Abbot Street, thence proceeding southerly along Abbot Street to a point which is 1100 feet northerly from the intersection of Porter Road and Abbot Street, which point is the intersection of Abbot Street with an abandoned railroad right of way, thence proceeding southerly along said railroad right of way to a point 170 feet from its intersection with Andover Street, thence proceeding west- erly by a line 170 feet northerly from and parallel to Andover Street to its intersection with the present indus- trial A Zone, Ballardvale, thence proceeding northerly, easterly, and northwesterly by the boundary of the present Industrial A Zone to the point of beginning.

Article 50 was defeated. The vote: Yes-225, No-283. Less than 2/3 as required. A quorum was present.

ARTICLE 51. To see if the Town will vote to change from Single Residence B to Single Residence C a portion of the Town bounded as follows: beginning at the intersection of Reservation Road and the Boston & Maine Railroad, thence proceeding southwesterly by the Boston & Maine Railroad to a point 170 feet northeasterly from the intersection of Bannister Road and Andover Street, thence proceeding west- erly across Andover Street along a line which is parallel with and 170 feet northerly from Bannister Road to its in- tersection with Dascomb Road, thence proceeding southwest- erly by the center line of Dascomb Road to a point 220 feet southerly by the intersection of Dascomb Road and Lovejoy Road, thence proceeding northerly by a line paral- lel with and 220 feet westerly from Lovejoy Road to Lowell Street, thence proceeding northeasterly by Lowell Street to Cutler Road, thence proceeding easterly by Cutler Road to Reservation Road, thence proceeding southerly by Reser- vation Road to the point of beginning. There is excepted herefrom the restricted Industrial District created under Article #54 of the Warrant for the March, 1956, Town Meet- ing.

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Town annual report of Andover 1955-1959, Part 44

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

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