USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1963 > Part 5
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It was so voted.
ARTICLE 72. To see if the Town will vote to accept Vincent Road as laid out by the Board of Selectmen, and shown by their report and plan duly filed in the Office of the Town Clerk; and to raise and appro- priate, or transfer from available funds, a certain sum of money for the purpose of reconstructing Vincent Road; or act in relation thereto.
UNDER ARTICLE 72:
Mr. Charles Egerton moved that the Town vote to accept Vincent Road as laid out by the Board of Selectmen, and shown by their report and plan duly filed in the Office of the Town Clerk.
It was so voted.
ARTICLE 73. To see if the Town will vote to accept Walnut Road as laid out by the Board of Selectmen, and shown by their report and plan duly filed in the Office of the Town Clerk; and to raise and appropriate, or transfer from available funds, a certain sum of money for the purpose of reconstructing Walnut Road; or act in relation thereto.
UNDER ARTICLE 73:
Mr. Howard E. Humphrey moved that the Town vote to accept Wal- nut Road as laid out by the Board of Selectmen, and shown by their report and plan duly filed in the Office of the Town Clerk; and to trans- fer from Excess and Deficiency Fund the sum of $200.00 for the purpose of reconstructing Walnut Road.
It was so voted.
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ARTICLE 74. To see if the Town of Chelmsford will vote to entirely abandon, and to entirely release to the East Gate Realty Corporation, a Massachusetts Corporation having its usual place of business in said Chelmsford, by appropriate instrument sealed with the seal of said Town and signed, acknowledged and delivered, in the name and behalf of said Town, by its selectmen, the easements (for a more particular description whereof reference is hereby made to the instruments hereinafter men- tioned, and which easements are shown as "Easement 7 Feet Wide" on a plan entitled "Easement Plan prepared for the Town of Chelmsford by J. C. & W. T. Monahan, Civil Engineers and Surveyors" recorded in the Middlesex North District Registry of Deeds in Book of Plans 71, Plan 69) taken by said Town in, by and under two certain instruments of taking one dated October 9, 1947 and recorded in the said Registry of Deeds in Book 1078, Page 545, and the other dated the (blank) day of October 1947, and recorded on October 21, 1947 in said Registry of Deeds in Book 1079, Page 453, insofar as said easements and each of them exist over land of said East Gate Realty Corporation, or any part or parts of said land, which land is situated on the northerly side of and northerly of Chelmsford Street in said Chelmsford; or act in relation thereto.
UNDER ARTICLE 74:
Mr. Vernon R. Fletcher moved that the Town vote to entirely abandon, and to entirely release to the East Gate Realty Corporation, a Massachusetts Corporation having its usual place of business in said Chelmsford, by appropriate instrument sealed with the seal of said Town and signed, acknowledged and delivered, in the name and behalf of said Town, by its Selectmen, the easements (for a more particular description whereof reference is hereby made to the instruments hereinafter men- tioned, and which easements are shown as "Easement 7 Feet Wide" on a plan entitled "Easement Plan prepared for the Town of Chelmsford by J. C. & W. T. Monahan, Civil Engineers and Surveyors" recorded in the Middlesex North District Registry of Deeds in Book of Plans 71, 69) taken by said Town in, by and under two certain instruments of taking one dated October 9, 1947 and recorded in the said Registry of Deeds in Book 1078, Page 545, and the other dated the (blank) day of October 1947, and recorded on October 21, 1947 in said Registry of Deeds in Book 1079, Page 453, insofar as said easements and each of them exist over land of said East Gate Realty Corporation, or any part or parts of said land, which land is situated on the northerly side of and northerly of Chelmsford Street in said Chelmsford.
It was so voted.
ARTICLE 75. To see if the Town will vote to accept an easement from East Gate Realty Corporation of a strip of land for drainage pur- poses situated on the northerly side of Chelmsford Street and more particularly described in an instrument to be recorded in Middlesex North District Registry of Deeds; or act in relation thereto.
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UNDER ARTICLE 75:
Mr. Vernon R. Fletcher moved that the Town vote to accept an ease- ment from East Gate Realty Corporation of a strip of land for drainage purposes situated on the northerly side of Chelmsford Street and more particularly described in an instrument to be recorded in Middlesex North District Registry of Deeds.
It was so voted.
ARTICLE 76. To see if the Town will vote to transfer the money now in the Fire Department Stabilization Fund to an account to be known as the Fire Department Fund and thereby abolishing the account set up under Article 50 of the Annual Town Meeting held on March 14, 1960; or act in relation thereto.
UNDER ARTICLE 76:
Mr. Edward Marshall moved that the Town vote to transfer the sum of $18,158.10 now in the Fire Department Stabilization Fund established at the annual town meeting in 1960, to the General Stabilization Fund established at the annual town meeting held in 1952.
It was voted unanimously.
ARTICLE 77. To see if the Town will vote to raise and appropriate a certain sum of money for the purpose of establishing a General Stabilization Fund under the provisions of Chapter 40, Section 58 of the General Laws; or act in relation thereto.
UNDER ARTICLE 77:
Mr. Edward Marshall moved that this article regarding the Town vote, raise and appropriate a sum of money to be added to the General Stabilization Fund to be dismissed.
It was so voted.
ARTICLE 78. 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 1963 Tax Rate; or act in relation thereto.
UNDER ARTICLE 78:
Mr. Raymond J. Greenwood moved that the Town vote for the Board of Assessors to use the sum of $200,000.00 from Free Cash in the Treasury for the reduction of the 1963 Tax rate.
It was so voted.
On motion of Mr. Raymond Greenwood and seconded by Howard Humphrey, the meeting adjourned at 9:30 P.M.
Total to be raised by taxation Total for approval only Total to be transferred
$3,646,769.06 10,230.00 265,545.42
DANIEL J. COUGHLIN
CHARLOTTE P. DeWOLF
Moderator Town Clerk
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WARRANT FOR SPECIAL TOWN MEETING JUNE 17, 1963
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 aforesaid, you are hereby re- quested to notify and warn the legal voters of the Town of Chelmsford to meet in the High School Auditorium at Chelmsford, on the 17th day of June, 1963 at 8:00 o'clock P.M., then and there to act upon the follow- ing articles, viz:
AND YOU ARE DIRECTED to serve this warrant by posting attested copies thereof at the Post Offices in Chelmsford Center, 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 tenth day of June, 1963.
RAYMOND J. GREENWOOD HOWARD E. HUMPHREY CHARLES EGERTON
COMMONWEALTH OF MASSACHUSETTS
June 10, 1963
MIDDLESEX, SS.
Pursuant to the within Warrant: I have notified and warned the in- habitants of the Town of Chelmsford by posting up attested copies of same at the following places, to wit: Post Offices in Chelmsford Center, South Chelmsford, North Chelmsford and West Chelmsford, and the Schoolhouse in East Chelmsford, and the Westlands Schoolhouse, seven days, at least, before the time appointed for holding the meeting afore- said.
RALPH J. HULSLANDER Constable of Chelmsford.
A true copy; attest: RALPH HULSLANDER Constable of Chelmsford
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SPECIAL TOWN MEETING MONDAY EVENING, JUNE 17, 1963
The meeting was called to order in the High School Auditorium at 8:15 p.m. by the moderator, Daniel J. Coughlin. The moderator recog- nized the presence of a quorum. Selectmen Raymond J. Greenwood moved that the reading of the warrant be waived, and it was so voted.
ARTICLE 1. To see if the Town will vote to acquire by purchase or eminent domain for school purposes a certain parcel of land in Chelms- ford described as follows: Beginning at a drill hole on the northerly side of Graniteville Road and the easterly line of land now or formerly of Chester M. Whitney; Thence northerly along land of said Whitney 1091.51 feet to a drill hole at the southerly line of Crooked Spring Road; Thence southeasterly by the southerly line of Crooked Spring Road by six courses 97.20 feet, 88.29 feet, 105.09 feet, 191.82 feet, 198.87 feet and 52.29 feet to land now or formerly of Town of Chelmsford; Thence southwesterly by land of Town of Chelmsford 846.94 feet to the northerly line of Graniteville Road; Thence southwesterly by the northerly line of Granite- ville Road; 371.64 feet to the point of beginning; Containing 15.25 Acres and shown on plan entitled "Plan of Land in Chelmsford, Mass., surveyed for the Town of Chelmsford; Scale 100 feet to the inch; January 18, 1960; Brooks, Jordan and Graves, Civil Engineers, Lowell, Mass.
UNDER ARTICLE 1:
Mr. Charles D. Harrington moved that the Town vote and that the Selectmen be authorized and empowered to purchase or seize by right of eminent domain for school purposes a certain parcel of land in Chelmsford described as follows: Beginning at a drill hole on the north- erly side of Graniteville Road and the easterly line of land now or for- merly Chester M. Whitney; Thence northerly along land of said Whitney 1091.51 feet to a drill hole at the southerly line of Crooked Spring Road; Thence southeasterly by the southerly line of Crooked Spring Road by six courses 97.20 feet, 88.29 feet, 105.09 feet, 191.82 feet, 198.87 feet and 52.29 feet to land now or formerly Town of Chelmsford; Thence south- westerly by land of Town of Chelmsford 846.94 feet to the northerly line of Graniteville Road; Thence southwesterly by the northerly line of Graniteville Road 371.64 feet to the point of beginning; containing 12.55 acres and shown on plan entitled "Plan of Land in Chelmsford, Mass. Surveyed for the Town of Chelmsford; Scale 100 feet to an inch; Jan. 18, 1960. Brooks, Jordan and Graves, Civil Engineers, Lowell, Mass." This was voted unanimously.
ARTICLE 2. To see if the Town will vote to raise and appropriate transfer from available funds or borrow a sum of money for the purpose of constructing and originally equipping and furnishing a Junior High
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School in Chelmsford; determine how the money shall be provided for, by taxation, by appropriation from available funds in the treasury, by borrowing from time to time under authority of Chapter 44 of the General Laws and Chapter 645 of the Acts of 1948, as amended, or take any action in relation thereto.
UNDER ARTICLE 2:
Mr. Charles D. Harrington moved that the sum of $2,200,000.00 be raised and appropriated for the purpose of constructing a Junior High School Building, and for originally equipping and furnishing said build- ing; and that to meet said appropriation the sum of $25,000.00 be appro- priated from available funds in the Treasury, and that the Treasurer, with the approval of the Selectmen and subject to the approval of the State Emergency Finance Board, be authorized and directed to issue and sell as one issue or from time to time as two or more separate issues, serial bonds or notes of the Town aggregating $2,175,000.00 in principal amount under authority of Chapter 645 of the Acts of 1948, as amended, and that all of the bonds or notes be issued and sold in accordance with the applicable provision of said Chapter 44 of the General Laws, as amended, but each issue of bonds or notes to be a separate loan which shall be paid in not more than twenty (20) years from the date thereof; and that, in the event Federal Funds are available for the construction and originally equipping and furnishing of said build- ing, said Federal Funds be used first for equipment and then for con- struction of said building.
And that the Treasurer be authorized to adjust downward the amount of the bond issue by the sum of monies awarded by the Federal govern- ment. This was voted unanimously.
ARTICLE 3. To see if the Town will vote to authorize the Ele- mentary School Needs Committee to proceed with the construction, originally equipping and furnishing of said Junior High School voted upon under Article 2, and to enter into all necessary and proper contracts and agreements in respect thereto and to do all other acts necessary for constructing said project; or act in relation thereto.
UNDER ARTICLE 3:
Mr. Charles D. Harrington moved that the Town vote to authorize the Elementary School Needs Committee to proceed with the construction of said Junior High School and to enter into all necessary and proper contracts and agreements in respect thereto and to do all other acts necessary for constructing said project; or act in relation thereto. This was voted unanimously.
ARTICLE 4. To see if the Town will vote to transfer from available funds a certain sum of money for the purchase of one (1) Sidewalk Plow for the Highway Department, such purchase to be made under the super- vision of the Board of Selectmen; or act in relation thereto.
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ANNUAL TOWN REPORT
UNDER ARTICLE 4:
Mr. Raymond J. Greenwood moved that the Town vote to transfer from the Excess & Deficiency the sum of $5,800.00 for the purchase of one (1) Sidewalk Snow Plow for the Highway Department, such pur- chase to be made under the supervision of the Board of Selectmen. A hand vote was taken. 493 voted in the affirmative; 27 voted in the nega- tive. Motion carried.
ARTICLE 5. To see if the Town will vote to prohibit hunting by any means and the use or possession of firearms of any description what- soever within the boundaries of the Town Forest known as the Thanks- giving Ground Forest; or act in relation thereto.
UNDER ARTICLE 5:
Mr. Martin Bovey moved that the Town vote to prohibit hunting by any means and the use or possession of firearms of any description whatsoever within the boundaries of the Town Forest known as the Thanksgiving Ground Forest. It was so voted.
ARTICLE 6. To see if the Town will vote to change the name of Haymarket Street to the name of Alpine Lane; or act in relation thereto.
UNDER ARTICLE 6:
Mr. Raymond J. Greenwood moved that the Town vote to change the name of Haymarket Street to the name of Alpine Lane. It was so voted.
ARTICLE 7. To see if the Town will vote to authorize the Varney Playground Commissioners to sell a used lawn mower; or act in relation thereto.
UNDER ARTICLE 7:
Mr. Charles Egerton moved that the Town vote to authorize the Varney Playground Commissioners to sell a used lawn mower. It was so voted.
ARTICLE 8. To see if the Town will vote to adopt the following by-law: No person shall fire or discharge any firearms or explosives of any kind on any private property, except with the consent of the owner or legal occupant thereof; provided, however, that this by-law shall not apply to the lawful defense of life or property nor to any law enforce- ment officer acting in the discharge of his duties.
UNDER ARTICLE 8:
Regarding discharge of firearms or explosives on private property, this motion failed on voice vote.
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ARTICLE 9. To see if the Town will vote to amend the Chelmsford Zoning By-law now in force and effect by substituting or amending and substituting the proposed Zoning By-law and Zoning Map which were prepared by the Chelmsford Planning Board, and dated May, 1963 as filed in the office of the Town Clerk, and on which a public hearing was held on June 12, 1963, notice of which was advertised in the Lowell Sun, May 28, 1963 and June 4, 1963; or act in relation thereto.
UNDER ARTICLE 9:
Mr. Robert McKittrick moved that the Town vote to amend the Chelmsford Zoning By-law now in force and effect by substituting or amending and substituting the proposed Zoning By-law and Zoning Map which were prepared by the Chelmsford Planning Board, and dated May, 1963, as filed in the office of the Town Clerk, and on which a public hearing was held on June 12, 1963, notice of which was advertised in the Lowell Sun, May 28, 1963 and June 4, 1963.
The following tellers were appointed by the moderator: William S. Wadsworth, Robert Kierce, Blake Watson, Wesley Harper.
A hand vote was taken: 350 voted in the affirmative; 28 voted in the negative, which was more than the required two-thirds, therefore the by-law was accepted.
ZONING BY-LAWS MAY, 1963
SECTION 1-PURPOSE
1.1 Purpose-In order to promote the health, safety, convenience, morals or general welfare of its inhabitants, to lessen the danger from fire and congestion, and to improve the Town under the provisions of General Law, Chapter 40A, the use, construction, repair, alteration and height of buildings and structures and the use of premises in the Town are hereby restricted and regulated as hereinafter provided.
SECTION II-DEFINITIONS
2.1 Definitions-In this By-Law the following terms, unless a con- trary meaning is required by the context or is specifically prescribed, shall have the following meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "struc- ture"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". The word "person" in- cludes a corporation as well as an individual.
Accessory Building-A subordinate building located on the same lot with the main building or use, the use of which is customarily incidental to that of the main building or to the use of the land.
Accessory Use-A use customarily incidental to that of the main building or to the use of the land.
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Alterations-As applied to a building or structure, a change or re- arrangement in the structural parts or in the exit facilities, or an en- largement whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Airport-Airport for the service of small private craft, including the incidental sale, storage and repair of such craft, but only to the extent specifically authorized by the Board of Appeals.
Amusement, Indoor-Movie theater, bowling alley, or other com- mercial recreation wholly carried on indoors.
Amusement, Outdoor-Drive-in theater, driving range, bathing beach, boat or canoe livery, or other commercial recreation carried on in whole or in part outdoors.
Animal Hospital-Facility for the care and treatment of domestic animals.
Apartment House-A building arranged, intended or designed to be occupied by three or more families, living independently of each other.
Area, Building-The total of areas taken on a horizontal plane at the largest floor level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
Area, Net Site-The total area within the property lines excluding external streets.
Auto Court-A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "auto court" includes buildings designated as tourist courts, motor lodges, motels and by similar appellations.
Auto Salesroom-Premises licensed for First and Second Class auto sales.
Basement-A story partly underground but having at least one-half of its clear height above the average level of the adjoining ground.
Boarding House-Any dwelling in which more than 2 persons not members of the family residing on the premises, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a boarding house.
Boathouse, Private-Facility for storage of boats for private use and not for hire.
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Boathouse, Public-A structure for the storage of boats for re- muneration or hire, but not including boat or fuel sales or major boat repairs.
Building-The word building shall be deemed to include the word structure and in addition, shed, garage, stable, greenhouse, or other accessory building.
Building Coverage-That percentage which the building area is of the net site area.
Building, Detached-A building completely surrounded by open space on the same lot.
Building, Front Line of-The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
Building Height-The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge, for gable, hip and gambrel roofs.
Building, Principal-A building in which is conducted the main or principal use of the lot on which said building is situated.
Bulk Storage-Exposed storage tanks for oil, gas, etc .; outside storage of sand, lumber, or other materials.
Business Offices-Facility for the transaction of business exclusive of the receipt, sale, or processing of merchandise.
Camping Ground, Commercial-Premises used for tenting or camp- ing where admission or other fees are charged.
Cellar-A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground.
Club-An organization catering exclusively to members and their guests, or premises and buildings, for recreational or athletic purposes, which are not conducted primarily for gain, provided there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
Commercial Greenhouses-Greenhouses where plants and plant pro- duce are raised for sale.
Conversion of Dwelling Units-Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which the structure was occupied at the time of this By-Law.
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Coverage-That percentage of the plot or lot area covered by the building area.
Dog Kennel-A structure used for the harboring of more than three dogs that are more than six months old, whether commercially operated or not.
Drive-In Restaurant-Restaurant where any food is served to per- sons outside of the principal structure in view of a public way.
Dump-A lot of land or part thereof used for the disposal by aban- donment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
Dwelling-A building designed or used exclusively as the living quarters for one or more families.
Dwelling, Single Family-A detached dwelling designed for and occupied by a single family and having no party wall, or walls in common with an adjacent house or houses.
Dwelling, Two Family-A detached dwelling designed for two families.
Earth Removal-Extraction of sand, gravel, top soil, or other earth for sale or for use at a site removed from the place of extraction, ex- clusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved Definitive Plan, and exclusive of granite operations.
Erect-To build, construct, reconstruct, move upon, or conduct any physical development of the premises required for a building. To excavate, fill, drain, and the like preparation for building shall also be considered to erect.
Family-Any number of individuals living and cooking together on the premises as a single housekeeping unit.
Farm-Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur bearing animals, hogs, riding academies, livery or board- ing stables and dog.
Filling Station-Any area of land, including structures thereon, that is used for the supply of gasoline or oil or other vehicle fuel and which may include facilities used or designed to be used for polishing, greasing, washing, spraying or otherwise cleaning or servicing such motor ve- hicles. Such use shall not include body work or the painting of vehicles or other than minor repair work.
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