Town annual report of Andover 1963-1969, Part 78

Author: Andover (Mass.)
Publication date: 1963
Publisher: The Town
Number of Pages: 902

USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1963-1969 > Part 78

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Upon motion duly seconded, it was VOTED that Article 15 be approved as printed in the Warrant in the amount of $20, 000 by taxation. A favorable report by the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 16. To see if the Town will vote to raise by taxation and appropriate the sum of $15,000 for the repair and surfacing of North Main Street from Elm Square north to the Shawsheen River Bridge.

Upon motion duly seconded, it was VOTED that Article 16 be approved as printed in the Warrant in the amount of $15,000 by taxation.

ARTICLE 17. To see if the Town will vote to raise by taxation and appropriate the sum of $2,500 and to authorize the Town Manager to enter into a one year contract with the Massachusetts Bay Transportation Authority and to use said sum or any part thereof to defray deficits of the Railroad resulting from providing commuter service from Andover to Boston.

Upon motion duly seconded, it was VOTED that Article 17 be approved as printed in the Warrant in the amount of $2,500 by taxation.

ARTICLE 18. To see if the Town will vote to raise by taxation and appropriate the sum of $6,000 for the purpose of permitting the Town Manager to contract with a con- sultant for a study of the water rate structure of the Town of Andover.

Article 18 was withdrawn.

ARTICLE 19. To see if the Town will vote to appropriate the sum of $295,000 for the constructing, equipping and originally furnishing of:

1. An addition to the Andover Senior High School;

2. An addition to the Andover West Junior High School;

3. Additions to the Central and/or Sanborn and/or South Elementary Schools;

and to determine whether the same shall be raised by taxation, by transfer from available funds, by borrowing or by any combination of the foregoing; or take any other action relative thereto.

Article 19 was defeated. The Vote YES 374, NO 237 -- less than the 2/3 vote re- quired.

ARTICLE 20. To see if the Town will vote to raise by taxation and appropriate the sum of $5,000 for the purpose of undertaking necessary repairs and improvements to the Town Hall.

Upon motion duly seconded, it was VOTED to raise by taxation and appropriate the sum of $4,500.00 under Article 20 and to accept from Frederick E. Cheever as a gift, the sum of $500.00 to be added thereto for the purpose of undertaking necessary re- pairs and improvements to the Town Hall.

ARTICLE 21. To see if the Town will vote to raise by taxation and appropriate the sum of $2,256.98 to meet the Town's share of the cost of the Greater Lawrence Sani- tary District for the year 1969 as determined by Chapter 750 of the 1968 Acts of the Commonwealth of Massachusetts.

Upon motion duly seconded, it was VOTED that Article 21 be approved as printed in the Warrant in the amount of $2, 256.98 by taxation.

ARTICLE 22. To see if the Town will vote to raise by taxation and appropriate the sum of $35, 000 for the purchase of an aerial platform fire truck, said sum to be added to that appropriated under Article 1 of the Special Town Meeting of 9 March, 1968; and, further, to rescind that portion of the vote taken under Article 1 of the Special Town Meeting of 9 March 1968 which authorized the borrowing of $37,500 for the purchase of said vehicle.

Upon motion duly seconded, it was VOTED that Article 22 be approved as printed in the Warrant in the amount of $35, 000 by taxation. The VOTE -YES 536, NO 8.

ARTICLE 23. To see if the Town will vote to raise by taxation and appropriate the sum of $3,000.00 for the erection of outdoor lighting for one or more of the Town softball fields.

Upon motion duly seconded, it was VOTED that Article 23 be approved as printed in the Warrant in the amount of $3,000 by taxation. A favorable report of the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 24. To see if the Town will vote to raise by taxation and appropriate the sum of $15,000 for the constructing and equipping of an addition to the Town Garage on Lewis Street.

Upon motion duly seconded, it was VOTED that Article 24 be approved in the amount of $3,500 by taxation. A favorable report of the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 25. To see if the Town will vote to transfer $45,000 from Overlay Reserve to the Reserve Fund, said Reserve Fund administered by the Andover Finance Committee.

Upon motion duly seconded, it was VOTED that the sum of $45,000 be transferred from Overlay Reserve to the Reserve Fund, said Reserve Fund to be administered by the Andover Finance Committee.

ARTICLE 26. To see if the Town will vote to transfer from available funds the sum of $6,500 to the Conservation Fund, this being the amount received from the State Self-Help Fund in reimbursement of a portion of the purchase price of the Foster property.

Upon motion duly seconded, it was VOTED that Article 26 be approved as printed in the Warrant.

ARTICLE 27. To see if the Town will vote to authorize the Selectmen to acquire for the Town, by purchase, by gift, by seizure or by right of eminent domain, for access to a municipal building or buildings, or for other municipal purposes, a fee in lots, or portions of lots, numbered 68, 69, 71, 71A, 72 and 73 as shown on Assessors' Map No. 55 owned as follows:

Lot 68 - Danton Realty Trust Lot 69 - Danton Realty Trust

Lot 71 - Cyr Oil Co. Lot 71A- William F. and Georgina Lane Lot 72 - Danton Realty Trust Lot 73 - Arthur Heifetz

and to appropriate by transfer from available funds, by borrowing or by tax levy or by any combination of the foregoing the sum of Three Hundred Fifty Thousand and 00/100 ($350,000.00) Dollars, for land acquisition, and to see if the Town will vote to authorize the Selectmen to appropriate by transfer from available funds, by bor- rowing or by tax levy or by any combination of the foregoing the sum of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars for preliminary site development, on peti- tion of Thomas W. Tavenner and others.

Article 27 was withdrawn.

ARTICLE 28. To see if the Town will vote to authorize the Selectmen to enter into

a lease with the Merrimack Valley National Bank, Haverhill, for an annual rental not to exceed $1.00, of all or a portion of the parking lot now owned by said Bank and located off Central Street, Andover, Massachusetts, such leased premises to be used for municipal purposes, on petition of Thomas W. Tavenner and others.

Upon motion duly seconded, it was VOTED that Article 28 be accepted as printed in the Warrant in the amount of $1.00 by taxation. A favorable report of the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 29. To see what disposition shall be made of unexpended appropriations.

Upon motion duly seconded, it was VOTED unanimously that the following balances be lapsed and returned to Surplus Revenue:

Article 48, 1960

Rogers Brook Drainage

$ 1,696.05

Article 13, 1963

Fish Brook Land Purchase

730.93

Article 8, 1964 Rogers Brook

25,000.00

Article 13, 1964 Water System Improvements

878.00

Article 6, 1965 Dascomb Road Water

5,660.44

Article 11, 1965

Library Addition

37.97

Article 11, 1965

Highway Garage

170.06

Article 1, 1966 Land, Municipal Buildings

7,500.00

Article 9, 1966

Property Equalization

498.20

Article 19, 1966 Moraine Street Sewer

2,109.72

Article 28, 1966 Wild Rose and Holly Drive Sewer

6,000.00

Article 29, 1966

Shipman Road Sewer

6,000.00

Article 1B, 1967 Snow Removal

3,254.64

Article 3B, 1967

Rogers Brook

97.00

Article 5B, 1967 MBTA

795.31

Article 13, 1967

Bancroft Reservoir

20,000.00

Article 20, 1967 Demolish Shaw Barn

1,630.00

Article 34, 1967

Damages, Burnham Road

33.75

Article 3, 1968

High School Playfields

19,719.40

$ 101,811.48

At 10:12 P. M., on motion made by Fredric S. O'Brien and duly seconded, it was VOTED to suspend action of the regular warrant and take up Article 1 of the Sup- plementary Warrant.

SUPPLEMENTARY WARRANT

ARTICLE 1. To see if the Town will vote to approve or disapprove the incurrence of debt in the sum of $4,250,000 authorized by the Greater Lawrence Regional Voca- tional Technical High School District Committee, at a meeting held on February 15, 1969, for the purpose of constructing and equipping additional facilities on land presently owned by the District at 57 River Road, Andover, Massachusetts.

Upon motion duly seconded, it was VOTED to approve the incurrence of debt in the sum of $4,250, 000 authorized by the Greater Lawrence Regional Vocational Technical High School District Committee, at a meeting held on February 15, 1969, for the purpose of constructing and equipping additional facilities on land presently owned by the District at 57 River Road, Andover, Massachusetts.

ARTICLE 2. To see if the Town will vote to acquire for school purposes certain parcels of land in whole or in part and described as follows:

Map #152 - Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 supposed to be owned by Harry Axelrod -

and containing approximately ten acres; funds appropriated under Article 10 of the Warrant for the regular Town Meeting of March 3, 1969, to be used for such acquisi- tion; and to authorize the Board of Selectmen to acquire said parcels by gift, by purchase or by seizure by right of eminent domain or take any other action relative thereto.

No motion was made on Article 2 of the Supplementary Warrant.

Action on this Article was included as part of the vote taken on Article 10 of the regular town meeting warrant.

At 10:40 P. M., on motion made by Fredric S. O'Brien and duly seconded, it was VOTED to close the Supplementary Warrant and return to Article 30 of the regular Warrant.

REGULAR WARRANT

ARTICLE 30. To see what amount the Town will vote to permit the Assessors to use in Free Cash to reduce the 1969 tax rate and to offset appropriations voted at the 1969 Town Meeting.

Upon motion made and duly seconded, it was VOTED that Article 30 be tabled until action was taken on Article 38.

ARTICLE 31. To see if the Town will vote to transfer to the custody and control of the Conservation Commission for all purposes included in General Laws, Chapter 40, Section 8-C, as it now reads or may hereafter be amended, the following de- scribed land:

The area known as Carmel Woods, being Lot 34 on Assessors' Map No. 20, containing 20.4 acres.

Upon motion duly seconded, it was VOTED that Article 31 be accepted as printed in the Warrant. The VOTE-YES 345, NO 15. A favorable report of the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 32. To see if the Town will vote to transfer to the custody and control of the Conservation Commission for all purposes included in General Laws, Chapter 40, Section 8-C, as it now reads or may hereafter be amended, the following de- scribed land:

Land formerly of Roland P. Dionne, being Lots 42, 43 and 44 on Assessors' Map No. 37.

Upon motion duly seconded, it was VOTED that Article 32 be accepted as printed in the Warrant. The VOTE -- YES 310, NO 2. A favorable report of the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 33. To see if the Town will vote to rename that road in Lowell Junction presently called "Burtt Road" to "Gillette Road. "

Article 33 was withdrawn.

ARTICLE 34. To see if the Town will authorize the Selectmen to accept, on behalf of the Town, a donation of land from Raytheon Co. for playground purposes.

Upon motion duly seconded, it was VOTED that Article 34 be accepted as printed in the Warrant. A favorable report of the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 35. To see if the Town will vote to thank Mr. George Chongris for his generous gift to the Town of approximately six acres of land along Mud Brook.

Upon motion duly seconded, it was VOTED that Article 35 be accepted as printed in the Warrant.

At 11:15 P. M., upon motion made and duly seconded, it was VOTED to adjourn until Tuesday evening, March 11, 1969 at 7:30 P. M. at the Memorial Auditorium in the East Junior High School.

ADJOURNED TOWN MEETING

MARCH 11, 1969

The check lists were used at entrance and showed 541 voters admitted to the meet- ing.

The meeting was called to order by Arthur Williams, Moderator at 7:40 P. M., having been adjourned from Monday evening at 11:15 P. M.

ARTICLE 36. To see if the Town will vote to accept $532.88 for a memorial flower fund for the Memorial Park in Ballardvale from the Welcome Home Committee of Ballard- vale, said sum having been received in 1968, on petition of Anna M. Greeley, Town Treasurer .

Upon motion duly seconded, it was VOTED that Article 36 be accepted as printed in the Warrant.

ARTICLE 37. To see if the Town will vote to authorize the Selectmen to transfer to the Andover Housing Authority a parcel of land on the westerly side of the pres- ent Elderly Housing units for the purpose of access, parking and snow removal. The area contains one and 25/100 acres, more or less, and is described as:

"Beginning at a point on the westerly side of the area designated New Housing for the Elderly and other Town land, the line runs westerly 200 feet to other land of the Town; thence the line turns and runs North along other land of the Town 200 feet to a point; thence the line runs Northeasterly 160 feet to a point; thence the line turns and runs again Northeasterly 265 feet to a road running from Chestnut Street to the Housing Authority Land: thence turn- ing and running along said road 30 feet to the Westerly side of the existing Housing for the Elderly; thence the line turns and runs Southerly 490 feet to the point of beginning, as shown on a plan by Clinton F. Goodwin to be recorded with the deed, " or what the Town will do in regard to the same,

on petition of Winston A. Blake and others.

Upon motion duly seconded, it was VOTED unanimously that the Town authorize the Selectmen to transfer to the Andover Housing Authority a parcel of land on the westerly side of the present Elderly Housing units for the purpose of access, park- ing and snow removal. The area contains one and 25/100 acres, more or less, and is described as :

"Beginning at a point on the westerly side of the area designated New Housing for the Elderly and other Town land, the line runs westerly 200 feet to other land of the Town; thence the line turns and runs North along other land of the Town 200 feet to a point; thence the line runs Northeasterly 160 feet to a point; thence the line turns and runs again Northeasterly 265 feet to a road running from Chestnut Street to the Housing Authority Land; thence turning and running along said road 30 feet to the Westerly side of the existing Housing for the Elderly; thence the line turns and runs Southerly 490 feet to the point of beginning, as shown on a plan by Clinton F. Goodwin, entitled "Plan showing Land as requested by Andover Housing Authority for a road and parking project 667-2, scale 1"=100', February 1969.

A favorable report by the Andover Planning Board was read by James Trenholm, Secretary.

ARTICLE 38. To see if the Town will vote to repeal the dog by-law adopted under the provisions of Article 62 of the warrant of the Annual Town Meeting of March, 1968, and substitute therefor the following as a by-law for the Town:

ARTICLE XII

Section 11. Impounding of Dogs

A. A dog officer may cause a dog to be impounded for any one of the following causes:

(1) If found without a license when a license is required by law;

(2) If found at large when in her oestrus cycle;

(3) If found at large or out of control in a school yard, public park, public playground, or area zoned as a business district;

(4) If found at large or out of control in a pack;

(5) For having bitten, injured or physically molested any person;

(6) For having bitten or injured any domestic animal;

(7) For chasing any vehicle on a public way or way open to public traffic in the town:

(8) If found at large, after having been ordered restrained by a dog officer.

B. An impounded dog shall be released to its owner or keeper upon pay- ment of the pound fees and on the following additional conditions, if applicable:

(1) In the case of a dog impounded under Section 11 A (1) above, upon the obtaining of a license as required by law.

(2) Except as hereinafter provided in Section 12, in the case of a dog impounded under Section 11 A(2) above, upon the agreement of the owner or keeper to undertake such restrictions or control of the animal as the dog officer shall require.

(3) Dogs impounded and unclaimed by the owner or keeper after a ten day period, shall be disposed of in accordance with the provi- sions of Massachusetts General Laws, Chapter 140, Section 151A.

Section 12. Control of Dogs in Oestrus Cycle

If the dog officer determines that a dog in her oestrus cycle (even when confined to the property of the owner or keeper), is attracting other dogs to the area, which condition causes disturbance on or damage to neighboring property or public areas, he may impound the dog for the duration of the oestrus cycle, releasing it thereafter to the owner or keeper upon the payment of pound fees; or the dog officer may require the owner or keeper to place and keep such dog, while in such cycle, in a kennel or to remove it from the area so that the nuisance is abated.

Section 13. Restraint of Dogs

The dog officer may order the owner or keeper of a dog to restrain a dog for any one of the following causes:

(a) For any of the causes listed in Section 11 A(3) to 11 A(7) inclusive.

(b) For having repeatedly littered on or caused damage to the property of other persons.

(c) The dog officer, in his discretion, may remove an order of restraint if the owner or keeper of the dog satisfies him that the dog is un- likely to repeat its offense.

Section 14. Penalty

Procedure hereunder and penalties shall be governed by the provisions of General Laws, Chapter 140, Section 173A.

Section 15. Definitions

(a) "At large" means unaccompanied by a responsible person.

(b) "Out of control" means accompanied by a person not exerting proper supervision.

(d) "Restrained" means being kept leashed or fenced within the bounds of the property of the owner or keeper.

Upon motion duly seconded, it was VOTED that the Town repeal the dog by-law adopt- ed under the provisions of Article 62 of the warrant of the Annual Town Meeting of March, 1968, and substitute therefor the following as a by-law for the Town:

SECTION 11. Impounding of Dogs

A. A dog officer may cause a dog found to be a nuisance to be impounded for any one of the following causes:

(1) If found without a license when a license is required by law.

(2) If found at large when in her oestrus cycle;

(3) If found at large or out of control in a school yard, public park, public playground, or area zoned as a business district;

(4) If found at large or out of control in a pack;

(5) For having bitten, injured or physically molested any person;

(6) For having bitten or injured any domestic animal;

(7) For chasing any vehicle on a public way or way open to public traffic in the town;

(8) If found at large, after having been ordered restrained by a dog officer.

B. An impounded dog shall be released to its owner or keeper upon pay- ment of the pound fees and on the following additional conditions, if applicable.

(1) In the case of a dog impounded under Section 11 A (1) above, upon the obtaining of a license as required by law.

(3) Dogs impounded and unclaimed by the owner or keeper after a ten day period, shall be disposed of in accordance with the provi- sions of Massachusetts General Laws, Chapter 140, Section 151A.

SECTION 12. Control of Dogs in Oestrus Cycle

SECTION 13. Restraint of Dogs

The dog officer may order the owner or keeper of a dog to restrain a dog for any one of the following causes:

(a) For any of the causes listed in Section 11 A(3) to 11 A(7) inclusive.

(b) For having repeatedly littered on or caused damage to the property of other persons.

(c) The dog officer, in his discretion, may remove an order of restraint if the owner or keeper of the dog satisfies him that the dog is unlikely to repeat its offense.

Section 14. Penalty

Procedure hereunder and penalties shall be governed by the provisions of General Laws, Chapter 140, Section 173A.

Section 15. Definitions

(a) "At large" means unaccompanied by a responsible person.

(b) "Out of control" means accompanied by a person not exerting proper supervision.

(d) "Restrained" means being kept leashed or fenced within the bounds of the property of the owner or keeper.

The VOTE YES-349, NO 162 -- voted by more than 2/3 as required. A quorum was pres- ent.

At this time, Budget Items 37 and 38 were acted upon, having been by-passed pre- viously.

Article 30 was removed from the table.

Upon motion duly seconded, it was VOTED to permit the Assessors to use $550,800.00 in Free Cash to reduce the 1969 tax rate and to offset appropriations voted at the 1969 Town Meeting.

ARTICLE 39. To see if the Town will vote to amend Article II, Section 7 of the Town By-Laws by inserting the following sentence at the end of the present single sentence which comprises Section 7:

"This section shall not apply to articles in the Warrant for the regularly scheduled Special Town Meeting held annually on the first Monday in October."

Article 39 was withdrawn.

ARTICLE 40. To see if the Town will vote to accept the provisions of General Laws, Chapter 90, Section 18A, to allow the Selectmen to adopt rules regulating the use by pedestrians, of ways in the Town.

Upon motion duly seconded, it was VOTED that Article 40 be accepted as printed in the Warrant.

ARTICLE 41. To see if the Town will vote to petition the Legislature of the Com- monwealth of Massachusetts to take necessary action to abolish those sections of Chapter 71 of the General Laws dealing with teacher tenure, on petition of Richard A. Katz and others.

Upon motion duly seconded, it was VOTED that Article 41 be approved as printed in the Warrant.

Upon motion duly seconded, it was VOTED to act on Article 46 at this time.

ARTICLE 46. To see if the Town will vote to make the following changes to the Zoning Bylaws:

1. Amend Section III.A.1. by adding a new district Single Residence D with

the letters S. R.D., inserting same after Single Residence C District.

2. Amend Section IV.B. (Table of Use Regulations) by adding a new heading "S. R. D. " after S. R. C. and applying the same symbols for each para- graph as used for the S.R.C. District.

3. Amend Section V. A. (Table of Dimensional Requirements) by adding after S.R. C. District, the proposed S.R.D. District with References 1, 2 and 3 inserted as follows:

Dimensions

Minimum

#2 & 3 Yard Side Ft.

Depth Rear

Max. Hgt. Ft. No. - Stories

Ft.

Front Ft.

Ft.

Single

Two Acres

225

35'

Res. D. 87,120

4. Amend Section VI.D.2 (Special Development) by adding the following words to the last sentence in Par. 2:

"for lots in S. R.B. and S.R.C. Districts and 150' in the S.R.D. District. "

Article 46 was defeated. The VOTE YES 254, NO 210 -- less than the 2/3 as required by law. A favorable report by a majority of the Planning Board was read by Harold King, Chairman. A majority of the Board of Selectmen were opposed to this article. ARTICLE 42. To see if the Town will vote to make the following change to the Zoning Bylaw:

Amend Section VI.B.2.c. by adding a new paragraph 3 as follows:

3. In Business and Industrial Districts, temporary signs advertising the sale, rent or lease of a property or a portion thereof may be displayed thereon for a period not to exceed six months under a permit issued by the Building Inspector. The sign should be no larger than required for adequate visibility but in no case shall be larger than twenty-five (25) square feet in area.

Upon motion duly seconded, it was VOTED to make the following change to the Zoning Bylaw:

Amend Section VI.B. 2.c. by adding a new paragraph 3 as follows:

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Town annual report of Andover 1963-1969, Part 78

Author: Andover (Mass.) Publication date: 1963 Publisher: The Town Number of Pages: 902

Author: Andover (Mass.)
Publication date: 1963
Publisher: The Town
Number of Pages: 902