USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1961 > Part 4
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ANNUAL TOWN REPORT
to a stone bound at land supposed to belong formerly to one Zollinger and now supposed to belong to Howard Johnson Company, thence west- erly by said last mentioned land approximately 320 feet to a bound at land supposed to belong formerly to Ernest A. Pouliot and now supposed to belong to Howard Johnson Company; thence northwesterly by said last mentioned land approximately 358 feet to said Chelmsford Street; thence northeasterly along said Chelmsford Street 215 feet to the point of beginning. The land of Carl and Olive Stanton in said Chelmsford on the southerly side of Chelmsford Street, formerly called the road leading from Chelmsford Center to Lowell, bounded and described as follows: Beginning at the northeasterly corner of the premises at an iron pipe at said street and the northwesterly corner of land conveyed to Carl Stanton by deed dated March 15, 1950 and recorded with Middlesex North District Registry of Deeds, Book 1135, Page 375; thence southeasterly along said last named land, one hundred twenty (120) feet to an iron pipe; thence northeasterly still along last named land eighty (80) feet to an iron pipe at land now or formerly of Mary F. Hill; thence south- easterly, forty-three and 50/100 (43.50) rods, more or less, along land now or formerly of Mary F. Hill, land now or formerly of Alice N. Williams, land now or formerly of Fred W. Gleason, land now or former- ly of Gertrude R. McPhee, land now or formerly of one Wojciek and land now or formerly of Sophie Such to land of the Lowell and Framing- ham Railroad Corporation; thence S 70° 34 W along land of said Railroad Corporation; seventeen and 32/100 (17.32) rods to land now or formerly of one Zollinger; thence N 29° W, eleven and 69/100 (11.69) rods along last named land to a stake in a ditch; thence N 39° W, along land now or formerly of one Scoble, thirty-five and 36/100 (35.36) rods to a stone bound at said Chelmsford Street at the northeasterly corner of land of said Scoble; thence easterly along said Chelmsford Street, twelve and 73/100 (12.73) rods, more or less, to the iron pipe at the point of be- ginning. Containing four and one-half (41/2) acres and be said contents and any or all measurements, more or less, or however otherwise said premises may be bounded, measured or described. It was voted unani- mously.
ARTICLE 30. To see if the Town will vote to amend Section 1B (3) of the Zoning By-Law, 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 A-3 District, the following described premises, and amend 1B(6) of said section, by including the following described premises as General Busi- ness District. The land in said Chelmsford bounded and described as follows: Beginning at a point at the intersection of Steadman and Chelmsford Streets; thence running easterly along said Chelmsford Street approximately seventy-five (75) feet; thence running northeaster- ly along said Chelmsford Street approximately eight hundred (800) feet to the southwesterly corner of the land now or formerly of one Joseph G. Lantagne; thence running northerly along the land now or formerly
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of the said Joseph G. Lantagne approximately two hundred ninety (290) feet to the land now or formerly of one Vincent Cockroft; thence run- ning westerly approximately two hundred sixty feet (260) feet; thence running southerly approximately seven hundred seventy-five (775) feet to land now or formerly of one Arthur V. Johnson; thence running west- erly along the land now or formerly of the said Arthur V. Johnson approximately seventy-five (75) feet to Steadman Street; thence run- ning southerly along the said Steadman Street approximately one hundred twenty (120) feet to the point of beginning.
UNDER ARTICLE 30:
Mr. George Hedrick moved that the Town vote to amend Section 1B (3) of the Zoning By-Law, 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 A-3 District, the following described premises, and amend 1B (6) of said section, by including the following described premises as General Business District. The land in said Chelmsford bounded and described as follows: Beginning at a point at the intersection of Steadman and Chelmsford Streets; thence running easterly along said Chelmsford Street approx- imately seventy-five (75) feet; thence running northeasterly along said Chelmsford Street approximately eight hundred (800) feet to the south- westerly corner of the land now or formerly of one Joseph G. Lantagne; thence running northerly along the land now or formerly of the said Joseph G. Lantagne approximately two hundred ninety (290) feet to the land now or formerly of one Vincent Cockroft; thence running westerly approximately two hundred sixty (260) feet; thence running southerly approximately seven hundred seventy-five (775) feet to land now or formerly of one Arthur V. Johnson; thence running westerly along the land now or formerly of the said Arthur V. Johnson approximately seventy-five (75) feet to Steadman Street; thence running southerly along the said Steadman Street approximately one hundred twenty (120) feet to the point of beginning. On petition of ten voters a secret ballot was taken.
Result of secret ballot Yes 184 No 464 which is more than the re- quired two-thirds, so the motion failed.
ARTICLE 31. 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" thorugh "h" inclusive of Section 9, A. and substituting the following: a. In all districts each dwelling, building, or structure for human occupancy 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 frontage 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 prevent the erection or placing of any dwelling, building, or structure for human occupancy on any lot
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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 becomes legally effective; such effective date shall be the date of the publication by the Planning Board, provided subsequent approval 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 abuttors, whether or not the applicant has acted in good faith in obtaining ownership 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 provi- sions of the Chelmsford Zoning By-Laws, the said clauses "a" and "b" shall be controlling and take precedence over all others.
UNDER ARTICLE 31:
Mr. Clifford J. Holmes moved that the Town 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 "h" inclusive of Section 9, A, and substituting the following: a. In all districts each dwelling, build- ing, or structure for human occupancy 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 frontage of two hundred (200) feet on an accepted street or a street unconditionally approved by the Planning Board. b. The provi- sions of Clause "a" as set forth above shall not prevent 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 becomes legally effective; such effective date shall be the date of the publication by the Planning Board, provided sub- sequent approval 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 de- termine, after a public hearing and notice to all abutters, whether or not the applicant has acted in good faith in obtaining ownership 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 provisions of the Chelmsford Zoning By-Laws, the said clauses "a" and "b" shall be controlling and take precedence over all others.
After considerable discussion, Thomas A. Malloy, moved that the de- bate be closed. Said motion carried and a hand vote was taken, on the original motion.
Yes 564
No 67 this was more than the required two-thirds majority, therefore the motion carried.
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ARTICLE 32. To see if the Town will vote to instruct the Selectmen to petition the General Court of the Commonwealth of Massachusetts re- questing the passage of legislation permitting the Town of Chelmsford to have Representative Town Meeting form of government; or act in relation thereto.
UNDER ARTICLE 32:
Mr. Thomas Molloy moved that Article regarding representative government be dismissed. It was so voted.
ARTICLE 33. To see if the Town will vote to change the name of that part of Twiss Road on the westerly side of Interstate Highway Route 3, and that section known as the relocated Twiss Road to "Meadowbrook Road," or act in relation thereto.
UNDER ARTICLE 33:
Mr. Thomas Sugden moved that the Town vote to change the name of that part of Twiss Road on the westerly side of Interstate Highway Route 3, and that section known as the relocated Twiss Road to "Meadowbrook Road." It was so voted.
ARTICLE 34. To see if the Town will vote to authorize the Selectmen to appoint a Recreation Commission of not less than five members nor more than nine members to perform functions designated under Chapter 45, 1914 of the General Laws of the Commonwealth as amended by Chapter 246, Acts of 1949; or act in relation thereto.
UNDER ARTICLE 34:
Mr. George Hedrick moved that the Town vote to authorize the Selectmen to appoint a Recreation Commission of not less than five members nor more than nine members to perform functions designated under Chapter 45, 1914 of the General Laws of the Commonwealth as amended by Chapter 246, Acts of 1949. It was so voted.
ARTICLE 35. In the event of affirmative action under Article 34, to see if the Town will vote to raise and appropriate the sum of $6,000.00 for the purposes as stated in the General Laws designated under Chapter 45, 1914 of the General Laws of the Commonwealth as amended by Chapter 246, Acts of 1949; or act in relation thereto.
UNDER ARTICLE 35:
Mr. Thomas A. Molloy moved that the Town vote to raise and ap- propriate the sum of $6,000.00 for the purposes as stated in the General Laws designated under Chapter 45, 1914 of the General Laws of the Commonwealth as amended by Chapter 246, Acts of 1949. It was so voted.
On motion of Edgar P. George, the meeting adjourned at 10:55 P.M. to meet again on March 27, 1961 at 7:30 P.M. in the High School Gymnasium,
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ADJOURNED TOWN MEETING March 27, 1961
Moderator, Daniel J. Coughlin, Jr. called the meeting to order 7:47 P.M. He declared a quorum present.
ARTICLE 36. To see if the Town will vote to give Armand Lahaise the sum of Ten Thousand Dollars ($10,000) over and above the amount of Twenty-two Thousand Four Hundred Dollars ($22,400) which was voted on at the last annual town meeting under Article 28 wherein 12.55 acres of land were taken by eminent domain for school purposes, in order to reimburse the petitioner for the loss incurred due to a contract signed with Campanella & Cardi Construction Company in the above amount for the purchase of fill from the petitioner.
UNDER ARTICLE 36:
Regarding further payment of $10,000.00 to Armand Lahaise for school land taken by eminent domain in 1960; this motion was unani- mously defeated.
ARTICLE 37. To see if the Town will vote to acquire by purchase or eminent domain the hereinafter described land, for use as a public parking area, said land being bounded and described as follows: Lot 1: Beginning at a point on the easterly side of Boston Road and the center- line of Beaver Brook; thence southerly along Boston Road about 10.0 feet to a point; thence southeasterly about 161 feet to a side line of a 10 foot passage way recorded in Book of Plans 79, Plan 100 in Middlesex County North District. Last described line being distant and parallel to the center line of Beaver Brook; thence easterly along the side line of said passage way about 11 feet to the center line of Beaver Brook; thence northwesterly by the center line of Beaver Brook about 66 feet to a point; thence northerly about 7 feet to the center of a retaining wall; thence northwesterly by the center of the retaining wall about 105 feet to the easterly line of Boston Road; thence southerly by Boston Road about 7 feet to the center line of Beaver Brook and the point of begin- ning. Containing about 2,400 square feet. Right to use 10 foot passage way as shown on Plan 100 in Book of Plans 79 recorded in Middlesex County North District. LOT 2: Beginning at a point on the easterly side of Boston Road; thence by a curved line curving toward the north- east and defined as having a radius of 20.00 feet and a length of 33.20 feet to a point; thence easterly about 316 feet to a point 10 feet west of the center line of Beaver Brook; thence southeasterly and easterly about 305 feet. Last said described line to be 10 feet distant and parallel to the center line of Beaver Brook; thence northerly about 223 feet to a point; thence northwesterly 95.73 feet to a point; thence westerly 156.33 feet to a point; thence northerly 180.89 feet to a point; thence by a curved line curving toward the northeast and defined as having a radius of 20.00 feet and a length of 32.61 feet to the southerly side of Billerica Street; thence by a curved line curving toward the northwest and defined
1
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ANNUAL TOWN REPORT
as having a radius of 1145.48 feet and a length of 81.41 feet to a road bound; thence by a curved line curving toward the southeast and defined as having a radius of 22.60 feet and a length of 32.74 feet to a point; thence southerly 180.01 feet to a point; thence westerly 212.28 feet to a point; thence southwesterly 63.6 feet to the center line of Beaver Brook; thence southeasterly by the center line of Beaver Brook about 94 feet to a point; thence southerly about 149 feet to a point; thence westerly 166.00 feet to a point; thence by a curved line curving toward the north- west and defined as having a radius of 20.00 feet and a length of 29.63 feet to the easterly line of Boston Road; thence by the easterly line of Boston Road 80.32 feet to the point of beginning. Containing 3.4 acres and shown on plan entitled "Proposed Parking lot for Town of Chelms- ford Dec. 22, 1960, Brooks, Jordan and Graves, Civil Engr's., Lowell, Mass."; or act in relation thereto.
UNDER ARTICLE 37:
Regarding land for parking area and committee to study parking area problem, presented by Warren C. Lahue and others, this was unanimously defeated.
ARTICLE 38. In the event of an affirmative vote under Article 37, to see if the Town will vote to raise and appropriate a sum of money to pay for the land described in Article 37, and pay all the expenses of acquiring said land; or act in relation thereto.
UNDER ARTICLE 38:
Regarding payment for parking lot: article was dismissed.
ARTICLE 39. In the event of an affirmative vote under Article 37, to see if the Town will vote to raise and appropriate the sum of $500.00 to pay for constructing a road from Billerica Street to the described premises, as shown on a plan entitled "Proposed Parking Lot for Town of Chelmsford December 22, 1960 Scale: 1º - 40' Brooks, Jordan and Graves, Civil Eng'rs. Lowell, Mass." and on file in the office of the Chelmsford Town Clerk; or act in relation thereto.
UNDER ARTICLE 39:
Regarding proposed road to Billerica Road from parking lot; this was dismissed.
ARTICLE 40. To see if the Town will vote to adopt the following By-Law: It shall be unlawful for any person or any business, except in connection with the operation of a drive-in motion picture theatre, to operate an outdoor loudspeaker or public address system in the Town, except by special permission of the Board of Selectmen, and in no instance shall such permission be granted for a period to exceed seven days. For the purposes of this By-Law "outdoor loudspeaker or public address system" shall also include those indoors, or attached to buildings which are directed to persons outdoors. The penalty for each violation of this By-Law shall be a fine of Twenty Dollars ($20.00).
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UNDER ARTICLE 40:
On motion of Mr. Edgar P. George and amended by Mr. Herman C. Eldering, it was voted to adopt the following By-Law: It shall be un- lawful for any business, except in connection with the operation of a drive-in motion picture theatre, to operate an outdoor loudspeaker or public address system in the Town, except by special permission of the Board of Selectmen, and in no instance shall such permission be granted for a period to exceed seven days. For the purposes of this By-Law "outdoor loudspeaker or public address system" shall also include those indoors, or attached to buildings which are directed to persons outdoors. The penalty for each violation of this By-Law shall be a fine of Twenty Dollars ($20.00). It was so voted.
At this point, the time having arrived, for a special Town Meeting, Town Council Vernon R. Fletcher moved the Annual Meeting adjourn until 9:00 o'clock It was so voted. Action on the Special Town Meeting follows this report on the Annual Town Meeting.
At 9:07 Moderator Daniel J. Coughlin, Jr. re-opened the Annual Town Meeting.
ARTICLE 41. To see if the Town will vote to give the Cemetery Commissioners authority to establish a fund known as "Pine Ridge Cemetery Gateway Fund" and to accept donations for the erection of a gateway at the said Cemetery; or act in relation thereto.
UNDER ARTICLE 41:
Mr. Arthur Colmer moved that the Town vote to give the Cemetery Commissioners authority to establish a fund known as "Pine Ridge Cemetery Gateway Fund" and to accept donations for the erection of a gateway at the said Cemetery. It was so voted.
ARTICLE 42. In the event of an affirmative vote under Article 41, to see if the Town will vote to appropriate and transfer from the "Sale of Lots Account" the sum of $500.00 to the "Pine Ridge Cemetery Gate- way Fund"; or act in relation thereto.
UNDER ARTICLE 42:
Mr. Arthur Colmer moved that the Town vote to appropriate and transfer from the "Sale of Lots Account" the sum of $500.00 to the "Pine Ridge Cemetery Gateway Fund." This motion was dismissed.
ARTICLE 43. To see if the Town will vote to appropriate and transfer from the "Sale of Lots Account" the sum of $1,000.00 to build a new road into Pine Ridge Cemetery; or act in relation thereto. UNDER ARTICLE 43:
Mr. Archie Jordan moved that the Town vote to appropriate and transfer from the "Sale of Lots Account" the sum of $1,000.00 to build a new road into Pine Ridge Cemetery. It was so voted.
ARTICLE 44. To see if the Town will vote to transfer to the Ceme- tery Department, the following parcels of land in the vicinity of Pine Ridge Cemetery: Lot 32, containing 12,500 square feet of land, Lot 42
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containing 9,794 square feet of land, and Lot 45 containing 2,500 square feet of land, all as shown on Plat 114, Block 34 on a plan of land filed in the office of the Chelmsford Board of Assessors; or act in relation thereto.
UNDER ARTICLE 44:
Mr. Arthur Colmer moved that the Town vote to transfer to the Cemetery Department, the following parcels of land in the vicinity of Pine Ridge Cemetery: Lot 32, containing 12,500 square feet of land, Lot 42 containing 9,794 square feet of land, and Lot 45 containing 2,500 square feet of land, all as shown on Plat 114, Block 34 on a plan of land filed in the office of the Chelmsford Board of Assessors. Said land to be used for cemetery purposes. It was so voted.
ARTICLE 45. To see if the Town will vote to acquire by purchase or eminent domain, two certain parcels of land in Chelmsford, and thus bounded: Parcel 1: Easterly by land of Pilgrim Realty Trust 250 feet; northerly by land of Douglas A. & Phyllis W. Reid 100 feet; westerly by Monmouth Street 250 feet and Southerly by land of Douglas A. & Phyllis W. Reid 100 feet to point of origin. Parcel 2: Easterly by land of Pilgrim Realty Trust 50 feet; southerly by land of Henry & James McKennedy 100 feet; westerly by Monmouth Street 50 feet; and northerly by land of Douglas A. & Phyllis W. Reid, 100 feet to the point of origin. Said lots are respectively Lot 67, containing 25,000 square feet and Lot 68 con- taining 5,000 square feet all as recorded on Plat 115 Block 34 on a plan filed in the office of the Chelmsford Board of Assessors; or act in rela- tion thereto.
UNDER ARTICLE 45:
Mr. Archie Jordan moved that the Town vote to acquire by eminent domain, two certain parcels of land in Chelmsford, and thus bounded: Parcel 1: Easterly by land of Pilgrim Realty Trust 250 feet; northerly by land of Douglas A. & Phyllis W. Reid 100 feet; westerly by Mon- mouth Street 250 feet and Southerly by land of Douglas A. & Phyllis W. Reid 100 feet to the point of origin. Parcel 2: Easterly by land of Pilgrim Realty Trust 50 feet; southerly by land of Henry & James McKennedy 100 feet; westerly by Monmouth Street 50 feet; and north- erly by land of Douglas A. & Phyllis W. Reid, 100 feet to the point of origin. Said lots are respectively Lot 67, containing 25,000 square feet and Lot 68 containing 5,000 square feet all as recorded on Plat 115 Block 34 on a plan filed in the office of the Chelmsford Board of As- sessors. Said land to be used for cemetery purposes. It was voted unanimously.
ARTICLE 46. To see if the Town will vote to acquire by purchase or eminent domain a certain parcel of land in Chelmsford, and thus bounded: Westerly by lot 224 on said plan in the Assessors' office 50 feet then southerly by lot 44, one hundred feet; then easterly by Lexing- ton Street, fifty feet; northerly by lot 42, one hundred feet to point of
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origin. Said parcel being Lot 43 containing 5,000 square feet of land, and shown on Plat 114 Block 34 on a plan filed in the office of the Chelmsford Board of Assessors. Said land to be used for cemetery pur- poses; or act in relation thereto.
UNDER ARTICLE 46:
Regarding acquiring a certain parcel of land in Chelmsford by eminent domain, Mr. Archie Jordan moved dismissal. It was voted on motion of Mr. Archie Jordan to consider Article 50 after Article 46.
ARTICLE 47. In the event of an affirmative vote under Articles 45 and 46, to see if the Town will vote to raise and appropriate a certain sum of money to pay for the said land, and pay all the expenses of acquiring said land; or act in relation thereto.
UNDER ARTICLE 47:
Regarding funds for payment of Articles 45 and 46, this was dis- missed.
ARTICLE 48. To see if the Town will vote to purchase three certain parcels of land shown as Lot 39, containing 2500 square feet of land, and owned by Karlene MacKissock, Lot 40 containing 2500 square feet of land and owned by Raymond T. Osborn, and Lot 44 containing 7500 square feet of land and owned by Floyd H. White, all as shown on Plat 114, Block 34 on a plan of land filed in the office of the Chelmsford Board of Assessors; said land is to be used for cemetery purposes; or act in relation thereto.
UNDER ARTICLE 48:
Mr. Arthur Colmer moved that the Town vote to purchase three certain parcels of land shown as Lot 39, containing 2500 square feet of land, and owned by Karlene MacKissock, Lot 40 containing 2500 square feet of land and owned by Raymond T. Osborn, and Lot 44 containing 7500 square feet of land and owned by Floyd H. White, all as shown on Plat 114, Block 34 on a plan of land filed in the office of the Chelmsford Board of Assessors, said land is to be used for cemetery purposes. It was so voted.
ARTICLE 49. In the event of an affirmative vote under Article 48, to see if the Town will vote to raise and appropriate the sum of $1500.00 for the purpose of paying for the land described in Article 48; or act in relation thereto.
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