USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1959 > Part 5
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or act in relation thereto.
Under Article 52:
Mr. Charles D. Harrington moved that Article 52 regarding Chelms- ford Street, and North Road rezoning to General Business District be dismissed. It was so voted.
ARTICLE 53. To see if the Town will vote to amend Sec- tions 1 B (1), 1 B (2) and [ B (7) and the map accompanying said sections and on file with the Clerk of the Town of Chelmsford, "Chelms- ford, Massachusetts - Zoning District Map, 1956", by removing from Single Residence A-1 District and Single Residence A-2 District the portions of the following described premises that are now Single Residence A-1 District and Single Residence A-2 District, and by including the entire
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following described premises as Limited Industrial District : Beginning at a point on the northerly line of Littleton Road at the Westford and Chelmsford town line; thence easterly by the northerly line of Littleton Road about 4,000 feet to the easterly line of Oak Street; thence northwesterly by the easterly line of Oak Street and the Highway Business District about 230 feet; thence easterly by a line 200 feet distant and parallel to Littleton Road along land of Highway Business District about 2,150 feet to the westerly line of Hunt Road; thence northerly by the westerly line of Hunt Road about 1,320 feet to a point; thence northwesterly and perpendicular to the new highway about 2,830 feet to a point; thence westerly by a line 3,000 feet distant and parallel to the northerly line of the new highway about 5,310 feet to the Westford and Chelmsford town line; thence southerly by the Westford and Chelmsford town line about 4,600 feet to the northerly line of Littleton Road and the point of beginning.
or act in relation thereto.
Under Article 53:
Mr. Charles D. Harrington moved that the Town vote to amend Sec- tions 1 B (1), 1 B (2) and | B (7) and the map accompanying said sections and on file with the Clerk of the Town of Chelmsford, "Chelms- ford, Massachusetts - Zoning District Map, 1956", by removing from Single Residence A-1 District and Single Residence A-2 District the portions of the following described premises that are now Single Residence A-1 District and Single Residence A-2 District, and by including the entire following described premises Limited Industrial District :
Beginning at a point on the northerly line of Littleton Road at the Westford and Chelmsford town line; thence easterly by the northerly line of Littleton Road about 4,000 feet to the easterly line of Oak Street; thence northwesterly by the easterly line of Oak Street and the Highway Business District about 230 feet; thence easterly by a line 200 feet distant and parallel to Littleton Road along land of Highway Business District about 2,150 feet to the westerly line of Hunt Road; thence northerly by the westerly line of Hunt Road about 1,320 feet to a point; thence northwesterly and perpendicular to the new highway about 2,830 feet to a point; thence westerly by a line 3,000 feet distant and parallel to the northerly line of the new highway about 5,310 feet to the Westford and Chelmsford town line; thence southerly by the Westford and Chelmsford town line about 4,600 feet to the northerly line of Littleton Road and the point of beginning.
On a hand vote 141 voted in the affirmative
16 voted in the negative
This being the required 2/3rds vote the motion was so voted.
ARTICLE 54. To see if the Town will vote to amend Sections 1 B (3), 1 B (6) and 1 B (7) and the map accompanying said sections and on file with the Clerk of the Town of Chelmsford, "Chelmsford, Massachusetts - Zoning District Map, 1956", by removing from Single Residence A-3 and Limited Industrial District the portions of the follow- ing described premises that are now Single Residence A-3 and Limited Industrial District, and by including the entire following described pre- mises as General Business District:
Beginning at the southerly line of Chelmsford Street at the Chelms- ford and Lowell town line; thence southeasterly and easterly along the Chelmsford and Lowell town line about 680 feet to the north- erly line of the N.Y., N.H. & Hartford Railroad right of way; thence southwesterly by the northerly line of the N.Y., N.H. & Hartford Railroad right of way about 3,980 feet to the northerly line of the
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new highway; thence westerly and northwesterly along the north- erly line of the new highway about 1, 160 feet to the southerly line of Chelmsford Street; thence northeasterly along the southerly line of Chelmsford Street about 4,680 feet to the Chelmsford and Lowell town line and the point of beginning.
or act in relation thereto.
Under Article 54:
Mr. Charles D. Harrington moved that Article 54 regarding Chelms- ford St. to Lowell line rezoning to General Business District be dismissed. It was so voted.
ARTICLE 55. To see if the Town will vote to instruct the Board of Assessors to use the sum of Two Hundred Thousand Dollars ($200,000.00) or some other sum, from Free Cash in the Treasury for the reduction of the 1959 Tax Rate; or act in relation thereto.
Under Article 55:
Mr. Hans H. Schliebus moved that the Town vote to instruct the Board of Assessors to use the sum of $200,000.00 from Free Cash in the Treasury for the reduction of the 1959 tax rate. It was so voted.
Mr. Alfred Lowell moved adjournament at 9:10 p.m.
RECONCILIATION
To be raised by taxation $2,174,554.17
To be transferred 23,742.00
For approval only 9,350.00
Free cash to be used by Assessors 200,000.00
VERNON R. FLETCHER CHARLOTTE P. DeWOLF
Moderator Town Clerk
AND YOU ARE DIRECTED to serve this Warrant by posting attested copies thereof at the Post Offices in the Center of the Town, South Chelmsford, North Chelmsford and West Chelmsford, and at the School- house in East Chelmsford and the Westlands Schoolhouse, seven days at least before the time appointed for holding the meeting aforesaid.
HEREOF FAIL NOT and make return of the Warrant with your doings thereon to the Town Clerk at the time and place of holding this meeting aforesaid.
Given under our hands this 29th day of January, 1959.
Signed : EDGAR P. GEORGE ROBERT F. McANDREW RAYMOND I. GREENWOOD
Selectmen of Chelmsford
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. January 31, 1959
Pursuant to the within Warrant, I have notified and warned the inhabitants of the Town of Chelmsford by posting up attested copies of the same at the following places, to wit: Post Office, Chelmsford Center; Post Office, North Chelmsford; Post Office, West Chelmsford; School- house, East Chelmsford; Post Office, South Chelmsford; Schoolhouse, Westlands; seven days at least before the time appointed for the holding of the meeting aforesaid.
(Signed) Ralph J. Pedersen Constable of Chelmsford
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ANNUAL TOWN REPORT
WARRANT FOR SPECIAL TOWN MEETING and Action Taken Thereon At Old High School Auditorium Billerica Street Monday Evening, June 29, 1959 COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To Ralph J. Pedersen, Constable, or any other suitable person of the Town of Chelmsford.
GREETING:
In the name of the Commonwealth as aforesaid, you are hereby re- quired to notify and warn the legal voters of said Chelmsford to meet in the Old High School Auditorium, Chelmsford Center on Monday, the twenty-ninth day of June, 1959 at seven thirty o'clock in the evening, then and there to act on the following articles, viz:
The meeting was called to order by the Moderator Vernon R. Fletcher, at 7:30 p.m. who recessed same to the call of the chair so that all could be checked in and seated. The meeting was again called to order at 8:30 p.m.
The Moderator swore in the following tellers: M. Edward Riney, Wil- liam E. Riney, Malcolm E. Weeks, Forrest C. Lamprey, E. Carl Parmenter. Stanley Armstrong.
Selectman Robert F. McAndrew moved that Louise M. Greig be aworn in as Town Clerk pro tem in the absence of Town Clerk Charlotte P. DeWolfe.
Mrs. Greig began the reading of the Warrant. The motion was made to waive the reading of the Warrant and it was so voted.
ARTICLE 1. To see if the Town will vote to change the name of Maple Street to Frederick Street; or act in relation thereto. Under Article 1:
Fire Chief Ernest G. Byam moved that the Town vote to change the name of Maple Street to Frederick Street. It was so voted unanimously.
ARTICLE 2. To see if the Town will vote to change the name of Hornbeam Road, off North Road, to Copper Key Road; or act in relation thereto.
Under Article 2:
Fire Chief Ernest Byam moved that the Town vote to change the name of Hornbeam Road, off North Road, to Copper Key Road.
Mr. Charles McEnnis moved that this article be dismissed. On a hand vote-
265 voted in the affirmative
164 voted in the negative
The article was dismissed.
ARTICLE 3. To see if the Town will vote to accept the sum of Five Hundred and no/100 Dollars ($500.00) from the estate of Frances Clark, such sum to be expended by the Trustees of the Adams Library for such purposes as they deem for the best interests of the Library; or act in relation thereto.
Under Article 3:
Selectman Robert F. McAndrew moved that the Town vote to ac- cept the sum of $500.00 from the estate of Frances Clark, such sum to be expended by the Trustees of the Adams Library for such purposes as they deem for the best interests of the Library. It was so voted unanimously.
ARTICLE 4. To see if the Town will vote to transfer from avail- able funds the sum of Eight Hundred Dollars ($800.00) to pay Attorney Joseph P. Donahue for legal services and expenses in defending the suit in Middlesex Superior Court of Daniel W. Harkins vs. Ralph J. Huls-
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ANNUAL TOWN REPORT
lander, Winslow P. George and Raymond E. Harmon; or act in relation thereto.
Under Article 4:
Selectman Raymond J. Greenwood moved that the Town vote to transfer from available funds the sum of $800.00 to pay Attorney Joseph P. Donahue for legal services and expenses in defending the suit in Middlesex Superior Court of Daniel W. Harkins vs. Ralph J. Huls- lander, Winslow P. George and Raymond E. Harmon. This motion was so voted.
ARTICLE 5. To see if the Town will vote to amend Section IB (7) of the Zoning Laws and the map accompanying said section and on file with the Clerk of the Town of Chelmsford, "Chelmsford, Mass. - Zon- ing District Map, 1956", by removing from Limited Industrial District 7, the following described premises that are now Limited Industrial District 7, and by amending Section IB (6) by including the following described premises as General Business District GB:
The land shown on plan entitled "Plan of Proposed Building Site, Chelmsford, Mass.", dated April 8, 1959, Jos. W. Moore, Inc., Reg. Land Sur., and being more particularly bounded and described as follows:
NORTHWESTERLY by Westford Road, 1100.51 feet;
NORTHEASTERLY by Parkhurst Road by three courses respective- ly measuring 472.30 feet, 919.41 feet and 152.85 feet; SOUTHERLY by State Highway (Rte. 3) by two courses respective-
ly measuring 669.95 feet and 260.04 feet;
WESTERLY by land of others as shown on said plan 150.00 feet;
NORTHWESTERLY again by Wesley Street, 114.17 feet;
SOUTHWESTERLY by Plymouth Street, 169.50 feet;
NORTHWESTERLY again by land of others as shown on said plan, 170 feet; and
SOUTHWESTERLY again by land of others, 132 feet. Said parcel of land contains about 19.1 acres, more or less. Under Article 5:
Mr. Halvar Peterson moved that the Town vote to amend Section IB (7) of the Zoning Laws and the mnap accompanying said section and on file with the Clerk of the Town of Chelmsford, "Chelmsford, Mass. - Zoning District Map, 1956", by removing from Limited Industrial Dist- rict 7, the following described premises that are now Limited Industrial District 7, and by amending Section 1B (6) by including the following described premises as General Business District GB:
The land shown on plan entitled "Plan of Proposed Building Site, Chelmsford, Mass.", dated April 8, 1959, Jos. W. Moore, Inc., Reg. Land Sur., and being more particularly bounded and described as fol- lows: NORTHWESTERLY by Westford Road, 1100.51 feet; NORTH- EASTERLY by Parkhurst Road by three courses respectively
measuring 472.30 feet, 919.41 feet and 152.85 feet; SOUTHERLY by State Highway (Rte. 3) by two courses respectively measuring 669.95 feet and 260.04 feet; WESTERLY by land of others as shown on said plan, 150.00 feet; NORTHWESTERLY again by Wesley Street, 114.17 feet; SOUTHWESTERLY by Plymouth Street; 169.50 feet; NORTHWESTERLY again by land of others as shown on said plan, 170 feet; and SOUTHWESTERLY again by land of others, 132 feet. Said parcel of land contains about 19.1 acres, more or less.
Since a petition was presented requesting same, a secret ballot was taken-
439 voted in the affirmative
314 voted in the negative
753 ballots cast
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ANNUAL TOWN REPORT
Since a 2/3rds vote was necessary, this motion did not carry and the article was defeated.
ARTICLE 6. To see if the Town will vote to amend Section IB (2) of the Zoning Laws and the map accompanying said section and on file with the Clerk of the Town of Chelmsford, "Chelmsford, Mass. - Zon- ing District Map, 1956", by removing from Single Residence A2 District the following described premises that are now Single Residence A2 District, and by amending Section IB (7) by including the following described premises as Limited Industrial District LI 7 :
The land bounded and described as follows:
Beginning at the intersection of the southerly line of Twiss Road and the center line of Stony Brook; thence southwesterly by the center line of Stony Brook about 1050 feet to a point; thence northwesterly by land of Town of Chelmsford about 565 feet to land of Stony Brook Railroad; thence northeasterly by land of said railroad about 525 feet to land of Buxton; thence southeasterly by land of said Buxton about 270 feet to a point; thence easterly still by land of Buxton about 115 feet to land of Eldridge; thence southeasterly by land of said Eldridge about 172 feet; thence north- easterly still by land of Eldridge about 135 feet to the southerly line of Twiss Road; thence southeasterly by the southerly line of Twiss Road about 70 feet and the point of beginning.
Under Article 6:
Mr. Charles D. Harrington moved that the Town vote to amend Section 1B (2) of the Zoning Laws and the map accompanying said section and on file with the Clerk of the Town of Chelmsford, 'Chelmsford, Mass. Zoning District Map, 1956", by removing from Single Residence A2 District the following described premises that are now Single Residence A2 District, and by amending Section 1B (7) by including the following described premises as Limited Industrial Dist- rict LI 7:
The land bounded and described as follows:
Beginning at the intersection of the southerly line of Twiss Road and the center line of Stony Brook; thence southwesterly by the center line of Stony Brook about 1050 feet to a point; thence northwesterly by land of Town of Chelmsford about 565 feet to land of Stony Brook Railroad; thence northeasterly by land of said railroad about 525 feet to land of Buxton; thence southeasterly by land of said Buxton about 270 feet to a point; thence easterly still by land of Buxton about 115 feet to land of Eldridge; thence south- easterly by land of said Eldridge about 172 feet; thence north- easterly still by land of Eldridge about 135 feet to the southerly line of Twiss Road; thence southeasterly by the southerly line of Twiss Road about 70 feet and the point of beginning.
A hand vote was necessary on this action as the voice vote was not unanimous.
268 voted in the affirmative 10 voted in the negative
278 voted
Since a 2/3rds vote was necessary this motion was voted.
ARTICLE 7. To see if the Town will vote to amend Article 6. Section 4 of the Building Code, as amended by vote under Article 44 of the Warrant for the Annual Town Meeting held on March 12, 1956, by striking out "1,000" in the first sentence and inserting in place thereof "1200", by striking out "800" in the second sentence and insert- ing in place thereof "1,000", by striking cut "300" in the second sen- tence and inserting in place thereof "400", by striking out "150" in the third sentence and inserting in place thereof "200", so that said section shall read as follows:
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"Section 4. Size of Dwellings. No single family dwelling one story in height shall have a finished floor area of less than 1200 square feet. No single family dwelling more than one story in height shall have a finished first floor area of less than 1000 square feet, plus a second floor area of not less than 400 square feet. Of the second floor area at least 200 square feet shall have a head room of not less than 7 feet. No duplex house shall have a floor area of less than 1,000 square feet including the stairways, per family unit."
Under Article 7:
Mr. Warren C. Lahue moved that the Town vote to amend Article 6, Section 4 of the Building Code, as amended by vote under Article 44 of the Warrant for the Annual Town Meeting held on March 12, 1956, by striking out "1,000" in the first sentence and inserting in place thereof "1200", by striking out "800" in the second sentence and in- serting in place thereof "1,000", by striking out "300" in the second sentence and inserting in place thereof "400", by striking out "150" in the third sentence and inserting in place thereof "200", so that said section shall read as follows:
"Section 4. Size of Dwellings. No single family dwelling one story in height shall have a finished floor area of less than 1200 square feet. No single family dwelling more than one story in height shall have a finished first floor area of less than 1000 square feet, plus a second floor area of not less than 400 square feet. Of the second floor area at least 200 square feet shall have a head room of not less than 7 feet. No duplex house shall have a floor area of less than 1,000 square feet including the stairways, per family unit.'
This was so voted by a majority.
ARTICLE 8. To see if the Town will vote to further amend the Town of Chelmsford's Protective Zoning By-Laws, as adopted at the Special Town Meeting held on June 11, 1956, by striking out that portion of Paragraph 3, from clause 'a' through 'd' inclusive of Section 9, A, and substituting the following:
a. In all districts each dwelling, building or structure for human occupany shall be built or located on a lot with an area of not less than one acre of land, which lot shall have a minimum front- age of two hundred (200) feet on an accepted street or a street unconditionally approved by the Planning Board.
b. The provisions of Clause 'a' as set forth above shall not pre- vent the erection or placing of any dwelling, building, or structure for human occupancy on any lot containing a lesser area than one acre or without the required frontage, provided such lot does not adjoin other land of the same owner on the date this By-Law be- comes legally effective: such effective date shall be the date of the publication by the Planning Board, provided subsequent ap- proval is made by the Attorney General. No permit shall be issued for such a dwelling, building, or structure for human occupancy except upon proper application to the Board of Appeals, who shall determine, after a public hearing and notice to all abutters, whether or not the applicant has acted in good faith in obtaining owner- ship of such land, and whether or not the public interest requires the issuance of a special permit, under the General Laws (Ter. Ed.) Chapter 40A, Section 15, Clause 2.
c. In the event of any conflict of clauses 'a' and 'b' with any other provision of the Chelmsford Zoning By-Laws, the said clauses a' and 'b' shall be controlling and take precedence over all others. Under Article 8:
Mr. Raymond H. Greenwood moved that the Town vote to further
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ANNUAL TOWN REPORT
amend the Town of Chelmsford's Protective Zoning By-Laws, as a dopted at the Special Town Meeting held on June 11, 1956, by striking out that portion of Paragraph 3, from clause 'a' through 'd' inclusive. of Section 9, A, and substituting the following:
a. In all district each dwelling, building or structure for human occupany shall be built or located on a lot with an area of not less than one acre of land, which lot shall have a minimum front- age of two hundred (200) feet on an accepted street or a street unconditionally approved by the Planning Board.
b. The provisions of Clause 'a' as set forth above shall not pre- vent the erection or placing of any dwelling, building, or structure for human occupancy on any lot containing a lesser area than one acre or without the required frontage, provided such lot does not adjoin other land of the same owner on the date this By-Law be- comes legally effective; such effective date shall be the date of the publication by the Planning Board, provided subsequent ap- proval is made by the Attorney General. No permit shall be issued for such a dwelling, building, or structure for human occupancy except upon proper application to the Board of Appeals, who shall determine, after a public hearing and notice to all abutters, whether or not the applicant has acted in good faith in obtaining owner- ship of such land, and whether or not the public interest requires the issuance of a special permit, under the General Laws (Ter. Ed.) Chapter 40A, Section 15, Clause 2.
c. In the event of any conflict of clauses 'a' and 'b' with any other provision of the Chelmsford Zoning By-Laws, the said clauses 'a' and 'b' shall be controlling and take precedence over all others. A petition was presented requesting that a secret ballot be taken.
166 voted in the affirmative
161 voted in the negative
327 voted
Since a 2/3rds vote was necessary this motion did not carry and the article was defeated.
ARTICLE 9. To see if the Town will vote to amend Section 3 of the Town of Chelmsford's Protective Zoning By-Laws, as adopted at the Special Town Meeting held on June 11, 1956, by adding to said Section 3 after paragraph 5, the following:
D. No building or structure shall hereafter be erected or con- structed in a single residential district which shall be like or sub- stantially like any neighboring building or structure as hereinafter defined, then in existance or for which a building permit has been issued, and is then outstanding, or which is included in the same building permit application in more than three of the following six respects :
1. Height of the main roof ridge or, in the case of a building with a flat roof, the highest point of the roof beams, above the elevation of the first floor;
2. Height of the main roof ridge above the top of the plate, (all flat roofs shall be deemed identical in this dimension) :
3. Length of the main roof ridge or, in the case of a building or structure with a flat roof, length of the main roof.
4. Width between outside walls at the ends of the building or structure measured under the main roof at right ang.es to the length thereof;
5. Relative location of windows in the front elevation with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation; or, relative location of windows in each of both side elevations with
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ANNUAL TOWN REPORT
respect to any door, chimney, porch or attached garage the same elevation;
6. Relative location of attached garage or porch, if any, to each other in the front elevation, and the remainder of the build- ing or structure; or the height of the ridge or roof beams, in the case of a flat roof, of any portion of the building or structure located outside the limits of the main roof mea- sured from the elevation of the first floor to the roof ridge or roof beams, in the case of a flat roof, or width of any portion of the building or structure located outside the limits of the main roof if it has a gable in the front eleva- tion, otherwise, length of said roof ridge or flat roof in the front elevation.
Buildings or structures shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet. Buildings or structures between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements. In relation to the premises with respect to which a building or structure is sought to be erected or constructed, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it or any part of it will be located is any one of the following lots:
(a) Any lot on the street upon which the building or structure to be located on said premises would front, which is the first or second lot next along said street in either direction from said premises without regard to intervening street lines;
(b) Any lot on any part of the street line frontage which is across said street from said premises or from a lot referred to in subparagraph (a) of this paragraph without regard to intervening street lines.
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