USA > Massachusetts > Middlesex County > Wakefield > Town annual report of the officers of Wakefield Massachusetts : including the vital statistics for the year 1936 > Part 2
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ARTICLE 9
Art. 9. To see if the town will vote to raise and appropriate a sum of money for the maintenance of various Chapter 90 streets; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; or take any other action in relation thereto .- Board of Selectmen.
On motion by Finance Committee:
Voted: That the town raise and appropriate $2,000 to carry out the purposes of Article 9, only such portion thereof to be expended as may be equal to one half the sum provided by the State and County together for the same purpose.
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TOWN OF WAKEFIELD
ARTICLE 10
Art. 10. To see if the town will vote to purchase for Highway Depart- ment purposes a lot of land at the corner of Nahant Street and Farm Street adjoining the land now used by said department; said lot being bounded and described as follows: Northeasterly by Farm Street 355.50 ft .; North- westerly by land of Frederick M. and Louise Oliver, 263.50 ft .; South- westerly by land of the town, 323.50 ft .; and Southeasterly by Nahant Street, 253.00 ft .- an area of 2 acres; and raise and appropriate a sufficient sum therefor .- Board of Selectmen.
On motion by Finance Committee :
Voted: That the subject matter of this article be indefinitely postponed.
ARTICLE 11
Art. 11. To see if the town will vote to reimburse Antonio Muccio for the loss of the use of his right hand, injured permanently while in the em- ploy of the Welfare Department as a stone mason at the Town Farm on December 9, 1931, and raise and appropriate a sufficient sum of money there- for, or what it will do about it .- Board of Selectmen.
On motion by Mr. Young, as amended by Mr. Clemons:
Voted: That the subject matter of this Article be referred to a later town meeting, and the Selectmen be instructed to insert a proper article.
ARTICLE 12
Art. 12. To raise and appropriate money for the payment of Robert T. Bushnell for legal services in defending Police Officers Stanley, Griffin, Preston, and Perterson in actions of tort in the Superior Court of Middle- sex County for alleged false arrest .- Board of Selectmen.
Motion by Finance Committee:
That the town raise and appropriate the sum of $500 to carry out the purposes of Article 12.
Amendment by Donald White:
That this sum be increased to $800.
On motion by Mr. Round:
Voted: That the subject matter of this article be laid upon the table until an adjournment of this meeting.
ARTICLE 13
Art. 13. To see if the Town will fix the salary of the Board of Select- men .- Eugene J. Sullivan.
On motion by Finance Committee:
Voted: That the subject matter of this Article be indefinitely postponed.
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REPORT OF TOWN CLERK
ARTICLE 14
Art. 14. To see if the town will raise and appropriate money to be used in WPA projects and supervision, trucking, materials, office supplies, etc. -Board of Selectmen.
On motion by Finance Committee:
Voted: That the town raise and appropriate the sum of $10,000 to carry out the purposes of Article 14.
ARTICLE 15
Art. 15. To see if the town will appropriate a sum sufficient to pay the County of Middlesex as required by law on account of assessments levied on the town for its share of the principal of the Middlesex County Tuber- culosis Hospital Funding Loan, Act of 1932, bonds maturing in 1936, issued in compliance with Chapter 10, Acts of 1932, also for any other indebted- . ness incurred and outstanding under said Chapter 10, also for the Town's share of the cost and interest on said bonds due in 1936, also for the care, maintenance, and repair of said hospital for 1935, and including interest on temporary notes issued therefor in accordance with sections of Chapter 111 of the General Laws applicable thereto, and for all other expenses in connection therewith, determine how the money shall be raised, or in any way act thereon .- Board of Selectmen.
On motion by Finance Committee:
Voted: That the town raise and appropriate the sum of $9,083.50 to carry out the purposes of Article 15.
ARTICLE 16
Art. 16. To see if the town will raise and appropriate the sum of $850 to be expended by :
Wakefield Post No. 2106, Veterans of Foreign Wars.
Corp. Charles F. Parker Camp No. 39, United Spanish War Veterans. Corp. Harry E. Nelson Post No. 63, American Legion.
H. M. Warren Post No. 12, G. A. R.
For the proper observance of Memorial Day, May 30, 1936 .- Daniel P. Kelliher and others.
On motion by Finance Committee:
Voted: That the town raise and appropriate the sum of $650 to carry out the purposes of Article 16.
ARTICLE 17
Art. 17. To see if the town will raise and appropriate the sum of $350 and pay that amount to Oliver La Vallee for the damage done to his house in August, 1933, by the Water Department .- Oliver La Vallee and others.
On motion by Finance Committee:
Voted: That the subject matter of this Article be indefinitely postponed.
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TOWN OF WAKEFIELD
ARTICLE 18
Art. 18. To see if the town will raise and appropriate the sum of $100 to be expended by the Corp. Harry E. Nelson Post No. 63, the American Legion, for the proper observance of Armistice Day, Nov. 11, 1936 .- Ray- mond A. May and others.
On motion by Finance Committee:
Voted: That the town raise and appropriate the sum of $40 to carry out the purpose of Article 18.
ARTICLE 19
Art. 19. To see if the town will raise and appropriate the sum of $2,000 to rebuild Farm Street from Water Street to the Woodville School .- Daniel P. Landers and others.
A motion by Finance Committee to indefinitely postpone was lost. On motion by Mr. Landers :
Voted: That the town raise and appropriate the sum of $2,000 to rebuild Farm Street from Water Street to the Woodville School.
ARTICLE 20
Art. 20. To see if the town will vote to return to the Town Treasury any part of the balance remaining January 1, 1936, of the income of the Municipal Light Plant for the year 1935, for the use of town in reducing the tax rate for the current year .- Municipal Light Board.
On motion by Finance Committee:
Voted: That $23,751.88 being the cash balance in the operating account of the Municipal Light Department January 1, 1936 be returned to the Town Treasury and the Assessors be hereby authorized to use the same in computing the Tax Rate of 1936.
ARTICLE 21
Art. 21. Ordered that the income from the sales of gas and electricity to private consumers, for gas and electricity supplied to municipal buildings and for municipal power and street lighting, and from the sale of appli- ances and jobbing during the current fiscal year, be appropriated for the municipal lighting plant, the whole to be expended by the manager of the Municipal Lighting Plant under the direction of the Municipal Light Board for the expenses of the plant for said fiscal year, as defined in Section 57 of Chapter 164 of the General Laws, and that, if said income shall exceed said expenses for said fiscal year, that the use of such excess, in whole or in part, be determined by the 1937 Annual Town Meeting .- Municipal Light Board.
On motion by Finance Committee:
Voted: That the subject matter of this Article be indefinitely postponed.
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REPORT OF TOWN CLERK
ARTICLE 22
Art. 22. To see if the town will deed over to the Pastor of St. Joseph's Church, Wakefield, for a nominal charge, elliptical plot of land at the junc- tion of St. Joseph's Avenue and St. Mary's Avenue in the Catholic section of Forest Glade Cemetery. The maximum diameter 52.6 feet, the minimum diameter 34.2 feet, circumference 138 feet, containing 1413 square feet, or what they will do about it .- Park and Cemetery Commissioners.
On motion by Finance Committee :
Voted: That the subject matter of this Article be indefinitely postponed.
ARTICLE 23
Art. 23. To see if the town will vote to instruct the Selectmen to pe- tition the General Court for the enactment of legislation to erect and con- stitute in Wakefield a city government .- John D. Shanahan and others.
On motion by Mr. Round:
Voted: That the subject matter of this Article be indefinitely postponed.
ARTICLE 24
Art. 24. To see if the town will raise and appropriate the sum of $80 and pay that amount to John M. Wenzel for expenses incurred in settle- ment of a claim for damages, said claim arising out of an accident which occurred on July 4, 1935, while John M. Wenzel was in performance of his duty and while he was operating an automobile owned by the Town of Wakefield .- Michael Neary and others.
On motion by Finance Committee:
Voted: That the town raise and appropriate the sum of $80 to carry out the purposes of Article 24.
ARTICLE 25
Art. 25. To see if the town will raise and appropriate the sum of $500 for the use of the Wakefield Visiting Nurse Association, the same to be ex- pended under the direction of the Board of Selectmen .- Ardelle R. Mac- Whinnie and others.
On motion by Finance Committee:
Voted: that the town raise and appropriate the sum of $500 to carry out the purposes of Article 25.
ARTICLE 26
Art. 26. To see if the town will authorize the Board of Health to ex- tend the contract for the Collection of Garbage now being carried on by J. J. Farpelha & Son and determine the compensation therefor or see what the town will do respecting such a contract .- Board of Health.
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TOWN OF WAKEFIELD
On motion by Finance Committee:
Voted: That the Board of Health is hereby authorized to extend the term of the contract for the collection of garbage now existing between the town and J. J. Farpelha, on file with the Town Accountant, for three years from the expiration of said present contract at an annual price therefor not exceeding $4,800 all other terms of said contract to continue in force except that the proportional payments on account shall be modified to cor- respond to the increased compensation therefor.
ARTICLE 27
Art. 27. To see if the town will appoint a Committee to bring in at a future meeting such amendments to the Building Laws as may relate to buildings for the occupancy of more than two families .- J. Theodore Whit- ney, Chairman Board of Appeal; Joseph W. MacInnis, Building Inspector.
On motion by Mr. Clemons:
Voted: That the Moderator appoint a committee of five to bring in at a furture meeting such amendments to the Building Laws as may relate to buildings for the occupancy of more than two families.
ARTICLE 28
Art. 28. To see whether the town will adopt the following By-law or some modification thereof for the purpose of regulating billboards or other outdoor advertising devices.
BY-LAW, Chapter 11A Regulation of Advertising Signs and Billboards
Section 1. Authorization. In conformity with the General Laws and law- ful state regulations for the proper control and restriction of outdoor ad- vertising devices, and without relaxing any restrictions on said devices imposed by such regulations, said devices in the town of Wakefield are here- by further restricted as provided in the following sections.
Section 2. Exemptions. This By-law shall apply exclusively to outdoor advertising within public view of any highway, public park or reservation. It shall not apply to signs or other devices controlled under the provisions of Sections 1, 2 or 8, of Chapter 85, General Laws, or to signs or other de- vices on or in the rolling stock, stations, subways or structures of or used by common carriers, except advertising devices on bridges or viaducts or abutments thereof; and, except for lawful restrictions as to size and location, it shall not apply to signs or other devices which advertise or indicate either the person occupying the premises in question or the business transacted thereon or advertise the property itself or any part thereof as for sale or to let and which contain no other advertising matter. It also shall not apply to any advertising device legally permitted and maintained on the date of the taking effect of this By-law, until one year after the first day of July next following said date.
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REPORT OF TOWN CLERK
Section 3. Definitions:
"Advertising devices" shall mean billboards, painted bulletins, poster panels, signs, placards and other outdoor units, designed to call public at- tention to the matter displayed thereon.
"Advertising sign" or "sign" shall mean any outdoor advertising de- vice.
"Sign-board" shall mean any structure designed for displaying an out- door advertisement.
" Highways" shall mean any public way.
"Public Park" shall mean a piece of public land of at least five thousand square feet set apart for beauty and public enjoyment.
"Public reservation" shall mean a piece of public land set apart for recreational use, as a state or municipal forest, as a protection to a public water supply, as a memorial, or cemetery, or as a place of unusual scenic or historical interest.
"Permitted" shall mean authorized by an official permit.
"Display" shall mean to make or maintain visible from any highway, public park or reservation.
"Area" of a sign or signboard shall mean the area of the face view of the entire device, including all attachments except supports and lattice at the base thereof.
"Residential District" shall mean any area zoned as residential .*
"Non-conforming business" shall mean a business located in a resi- dential or rural district, other than such rural business as farming or the rais- ing and sale on the same premises of farm, garden or orchard products.
"Lawful sign" shall mean any outdoor advertising device not prohibited by any provision of law or by any lawful regulation.
"Accessory sign" shall mean any outdoor advertising device which car- ries only advertisements strictly incidental and subordinate to a lawful use of the premises on which it is located, including signs indicating business transacted or goods sold or produced on the premises or an occupant there- of, but not including any sign sold or rented to an outside party.
"Sign on a wall' shall mean a sign closely attached throughout to and facing with that wall, or on a window or door therein.
*If your town is not zoned, substitute for this definition the following: "Residential District" shall include any district or block in which the greater part of the street frontage is occupied by land of one or more of the follow- ing classes: land devoted to residence or lodging purposes; undeveloped or open land; land devoted to farming horticulture, floriculture or plantations, including the sale thereon of its own products, or to the raising of live-stock, pasturage, forests, wood-lots, parks, reservations or recreation areas. (An- other alternative is to describe your residential district thus): "Residential District" shall mean all land in the town except that bounded and described as follows:
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TOWN OF WAKEFIELD
"Lot" shall mean a plot of ground containing and devoted to the pur- poses of a building, or laid out to contain a building, with all required open spaces; or a larger tract of unbuilt, undivided land under one ownership.
Section 4. General Restrictions. No person, firm, association or corpora- tion shall be permitted or allowed to erect, display or maintain any bill- board or other outdoor advertising device, not exempted by Section 2 here- of, except those specified in paragraphs (a) (b) (c) (d) and (e) of this sec- tion.
(1) In districts not of a residential or rural character, any lawful sign on or attached to a wall of a building or any lawful ground or roof sign or signboard no part of which extends over fifteen feet above the part of the ground or roof on which it stands.
(b) In a residential or rural district, any lawful accessory sign or signs not exceeding five square feet in aggregate area on any one building or lot; or any lawful sign or signs advertising only the sale or rental of the premises, not exceeding a total area of ten square feet; or, on the premises of any pub- lic building, or of any farm, garden, tree-nursery or forest, any lawful ac- cessory signs not exceeding all together fifteen square feet in area within the limits of said premises, or any lawful accessory signs on the front wall of any building occupied by a non-conforming business.
(c) Any lawful sign not exceeding thirty-two square feet in area dis- played by the town, or any sign displayed by the United States, the state or the county, relative to government business.
(d) At any boundary line of the town a lawful sign not exceeding five square feet in area indicating the meetings of any civic organization located therein.
(e) On property owned or principally occupied by a religious, civic or charitable organization, association of war veterans or the like, any lawful accessory sign displayed by written permission of the Selectmen and ap- proval of the Inspector of Buildings, if any, for a limited period not exceed- ing sixty days.
Section 5. Set-backs. No advertising sign or signboard shall be per- mitted or allowed to be so located as to obstruct a view between any points on connecting streets within fifty feet of a corner of the rights of way; or to obstruct any dcor, window or fire-escape on a building; or, if on a roof, to be set nearer than one-half its height to the wall thereof on a street front; or, in a residential district, to extend more than six inches nearer to any boundary of the lot or premises on which it is located than it would be law- ful to maintain a building, except as provided in paragraph (d) of Section 4.
Section 6. Prohibitions. Except signs exempted under Section 2, no person, firm, association or corporation shall be permitted or allowed to erect, display or maintain any billboard or other outdoor advertising de- vice in any district.
(a) Except the owner or a tenant occupant of the premises where it is located, or a party holding written permission from either to display the
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REPORT OF TOWN CLERK
deivce for a limited period, which party's name shall be conspicuously dis- played thereon;
(b) Upon any rock, tree, fence or pole;
(c) Within one hundred feet of any church, public building, monu- ment or memorial, or within three hundred feet of any public park, play- ground, or public reservation, if within view from any portion thereof; except that this paragraph shall not apply to accessory signs on the walls of buildings;
(d) If it contains any obscene, indecent or immoral matter;
(e) Unless all parts and attachments and the ground about the base thereof are kept in neat and safe condition.
Section 7. Administration. No advertising device for which a permit from any state authority is required shall be erected, displayed or maintained in the town until five days after a permit therefor, or a true copy thereof, has been filed with the Town Clerk. Whenever notice of an application for such a permit is received by the Town Clerk, he shall immediately transmit it to the Inspector of Buildings or other officer, if any, charged with the administration of this By-law. Such officer, or in the lack of such officer, the Town Clerk, shall thereupon make an examination of the case and, as promptly as possible, within thirty days of the receipt of the application by the Town Clerk ,shall send written notice to the state authority to whom the application is addressed, stating whether or not the proposed advertising device would violate any provision of this By-law, and, if so, what provision. Like notice shall be sent also the applicant and to the owner or tenant of the proposed location of the device.
At least twenty-five days before an outdoor advertising device not requiring a permit from any state authority and not exempted under Sec- tion 2 shall be erected or displayed in the town, a description thereof and of its proposed location shall be filed with the Town Clerk, after which the procedure shall be the same as prescribed in the preceding paragraph in the case of an application for a state permit, except that notice whether or not the device would violate any provision of the law shall be sent, within twenty days after receipt of the description, only to the party filing the same and to the owner or tenant of the proposed location.
Section 8. Penalties and Enforcement. Whoever violates any provision of Sections 4, 5 or 6 hereof, shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars, and whoever after final conviction for such violation unlawfully displays such outdoor adver- tising device for twenty days shall be punished by a fine of not more than five hundred dollars.
The Selectmen or any officer charged with the enforcement of this By-law shall cause any such violator to be prosecuted; and shall notify the state regulatory authority of Outdoor Advertising of any and all vio- lations of lawful state regulations.
Any town officer or any interested party may petition the Superior Court in equity to enjoin the erection or maintenance of any outdoor ad-
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TOWN OF WAKEFIELD
vertising device erected or maintained in violation of any provision of this Ry-law. Town officials shall have the same right and power to cause the removal of any outdoor advertising device as of any structure or building maintained in violation of a By-law.
Section 9. If any provision of this By-law is declared unconstitutional or illegal by any Court, the validity of the remaining provisions shall not be affected thereby.
Section 10. All regulations for outdoor advertising devices heretofore adopted by the town and in force at the time of the adoption of the fore- going sections are hereby repealed.
On motion by Mr. Clemons:
Voted: That the town amend its by-laws by adding thereto, after Chapter 11, the following:
Chapter 11A
Sections 1 to 10 both inclusive.
Regulation of Advertising Signs and Billboards.
All as set forth in the warrant. Unanimous vote.
ARTICLE 29
Art. 29. To see if the town will raise and appropriate a sufficient sum of money to provide for a proposed pension, to Frank H. Robinson .- Board of Selectmen.
On motion by Finance Committee.
Voted: That the subject matter of this article be indefinitely postponed.
On motion by Mr. Howard Jones:
Voted: That this meeting stand adjourned to Monday evening, March 23 at 7:30 o'clock P. M.
Adjourned 9:08.
Attendance 500.
ADJOURNED TOWN MEETING, MARCH 23, 1936
Meeting called to order at 7:35 o'clock P. M. by Moderator O'Connell, Article 6 being in order.
ARTICLE 6
On motion by Mr. Clemons :
Voted: That Article 6 be taken from the table.
On motion by Mr. Marshall:
Voted: That Article 6 be laid upon the table.
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REPORT OF TOWN CLERK
ARTICLE 1
Motion by Mr. Marshall:
That Article 1 be taken up.
A two-thirds vote being necessary to take up Article 1, the Moderator appointed tellers, and the vote was taken with the following result. Affirma- tive 511-Negative 271. Necessary for a choice, 522. The necessary two- thirds vote not being obtained, the Moderator declared the motion not carried.
ARTICLE 3
On motion by Mr. Marshall:
Voted: That Article 3 be taken from the table.
Mr. Marshall for the committee, presented the following nominations for officers not chosen by ballot:
Field Drivers
Carrol Robie, George A. Bennett, Harry I. Peck.
Fence Viewers
Augustus Baxter, Dennis F. Regan, Luther M. Howe.
Surveyors of Lumber
William E. Knox, Henry A. Feindel, Edward G. Bowditch, Ernest E. Prescott, Larkin E. Bennett, Harry McIntosh, Willard Wing.
Planning Board
Unexpired term to 1938-Edward G. Lee.
Term expiring 1939-Dr. Frank T. Woodbury, Maurice O. Carter.
Recreation Committee
Eugene J. Sullivan, George F. Gardner, William Dill, Adelaide A. Shedd, Edmund W. Sliney, Dorothy Schlotterbeck, Orrin J. Hale.
No other names being submitted, the clerk was instructed to cast one ballot for the list as nominated.
This being done, the above named persons were declared elected to their various offices.
ARTICLE 6
On motion by Mr. Clemons:
Voted: That Article 6 be taken from the table.
On motion by Finance Committee:
Voted: That the town raise and appropriate the sum of $30,161.18 to be apportioned as follows:
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TOWN OF WAKEFIELD
General Government
Moderator
$23.44
Selectmen's Department:
Salaries
468.75
Department Expenses
1,490.00
Unpaid Bills
38.99
Accounting Department :
3,330.00
Treasurer's Department :
Salary of Treasurer
937.50
Department Expenses
1,400.00
Collector's Department:
Salary of Collector
1,595.00
Department Expenses
3,000.00
Assessors' Department:
Salaries of Assessors
2,718.75
Department Expenses
4,700.00
Legal Department:
1,500.00
Town Clerk's Department:
Salary of Clerk
468.75
Department Expenses
800.00
Vital Statistics:
100.00
Election and Registration
2,590.00
Town Hall
5,000.00
Protection of Persons and Property
Motion by Finance Committee:
That the town raise and appropriate the sum of $91,574.67 to be ap- portioned as follows:
Police Department
$35,000.00
Police Department Unpaid Bills
769.67
Fire Department
36,000.00
Hydrant Rental
8,700.00
Moth Department
6,500.00
Inspector of Buildings
150.00
Sealer Weights and Measures
825.00
Dog Officer
540.00
Animal Inspector
270.00
Forest Warden
150.00
Wire Inspector
270.00
Compensation
1,500.00
An amendment by Mr. Leonard to increase these amounts was lost, and the original motion of the Finance Committee was then voted.
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