USA > Massachusetts > Middlesex County > Wakefield > Town annual report of the officers of Wakefield Massachusetts : including the vital statistics for the year 1959 > Part 9
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On motion by William K. Lawrence:
Voted: That further reading of the warrant with the exception of the constable's return be dispensed with.
Constable's return read by the Town Clerk.
Rev. George H. Wood, pastor of the First Universalist Church, gave the invocation.
ARTICLE 1
To see if the town will vote to rescind, insofar as it has not been executed, the vote taken on Article 6 of the Special Town Meeting held on June 10, 1957, as amended by the vote taken on Article 2 of the Special Town Meeting held on November 12, 1957, or to take any other action in relation thereto. - Charles A. Reass and others.
On motion by William K. Lawrence, for the Finance Committee:
Voted: To rescind, insofar as it has not been executed, the vote taken on Article 6 of the Special Town Meeting held on June 10, 1957, as amended by the vote taken on Article 2 of the Special Town Meeting held on November 12, 1957.
ARTICLE 2
To see if the town will vote to raise and appropriate the sum of $7,450.00 to be expended by the Board of Public Works, Water Division for the purchase of Meters and Pipes. - George H. Adams and others.
On motion by Finance Committee:
Voted: That the subject matter of Article 2 be indefinitely postponed.
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TOWN OF WAKEFIELD
ARTICLE 3
To see if the town will vote to authorize the Board of Public Works to construct a sewer in and across a private way, namely Wave Terrace, from the existing manhole in Wave Avenue southerly about 160 feet to a dead-end. - Board of Health.
On motion by Finance Committee:
Voted: To appropriate the sum of $1,700. by transfer from the Excess and Deficiency Account to carry out the purpose of Article 3.
On motion by Finance Committee :
Voted: That Articles 4 through 11 be taken up and discussed jointly.
ARTICLES 4 to 11
ARTICLE 4. To see if the town will vote to amend the by-laws of the town by combining present Chapters I and II, designating them as Chapter II, changing the title of Chapter II to read, "Town Meetings and Rules of Procedure Thereof," designating Sections 1 and 2 of Chapter I as Sections 1 and 2, respectively, of Chapter II, and redesignating Sections 1 through 15 of Chapter II, respectively, as Sections 3 through 17, respect- ively, of Chapter II. - Board of Selectmen.
ARTICLE 5. To see if the town will vote to amend the by-laws of the town by adopting the following new Chapter I:
Sec. 1-These by-laws may be referred to as the General By-Laws of the Town of Wakefield.
Sec. 2-So far as the provisions of these by-laws are the same in effect as those of previously existing by-laws, they shall be construed as a continuation of such by-laws but, subject to said limitations and the pro- visions of the next section, all by-laws of the Town heretofore in force are hereby repealed; provided that this repeal shall not apply to or affect any by-law, order, or article heretofore adopted, accepting or adopting the provisions of any statute of the Commonwealth.
Sec. 3-These by-laws and the repeal of all by-laws heretofore in force shall not affect any act done, any right accrued, any penalty pending at the time when they take effect; nor shall the repeal of any by-law thereby have the effect of reviving any by-law theretofore repealed or suspended.
Sec. 4-All by-laws hereafter passed shall be recorded in the order of passage by the Town Clerk, in a book kept for that purpose, with proper margins and notations, to be lettered, "Record of By-Laws of the Town of Wakefield"; which book shall be kept in the office of the Town Clerk, subject to the inspection of the citizens.
Sec. 5-When in a by-law anything is prohibited from being done without the license or permission of a certain officer, officers or board, such officer, officers, or board shall have the power to license or permit such thing to be done.
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148TH ANNUAL REPORT
Sec. 6-In all these by-laws the following words and expressions shall, unless inconsistent with the manifest intent, be severally construed as follows :-
The words "public way" shall include any highway, town way, road, bridge, street, avenue, boulevard, roadway, parkway, lane, sidewalk or square; the "owner or occupant of a building or land" shall include any sole owner or occupant; and any joint tenant and tenant in common of the whole or of any part of a building or lot of land; words purporting to give a joint authority to three or more officers or other persons shall give such authority to a majority of such officers or persons; the word "person" may include corporations; words importing the singular number may apply to the plural number, and words importing the masculine gender may apply to the feminine gender.
Sec. 7-Whoever violates any of the provisions of these by-laws where- by any act or thing is enjoined or prohibited, shall, unless other provision is expressly made, forfeit and pay a fine not exceeding twenty dollars for each offense.
Sec. 8-Whoever shall refuse or neglect to obey any lawful order of any Town officer or board of Town officers, issued under any of these by- laws, directed to him and properly served upon him, shall, in cases not otherwise provided for, forfeit and pay for every such offence a fine not exceeding twenty dollars.
Sec. 9-Prosecutions for the breach of any of the provisions of these by-laws shall be commenced within six months from such breach.
Sec. 10-All fines and penalties for the violation of any by-law, or the order of any board lawfully established thereunder, shall when recovered, inure to the Town and be paid into the Town Treasury, unless otherwise directed by the laws of the Commonwealth or by-laws of the Town.
Sec. 11-Any or all of these by-laws may be repealed or amended or other by-laws may be adopted, at any Town meeting, annual or special, an article containing the subject matter of the proposed change having been inserted in the warrant for such meeting. - Board of Selectmen.
ARTICLE 6. To see if the town will vote to amend the by-laws of the town by striking therefrom Section 2 of Chapter I, as it appears in the 1950 publication of the by-laws, and inserting the following:
"Notice of every town meeting shall be given by posting an attested copy of the warrant calling the same in such public places as the Select- men may designate, over at least two successive Sundays before the time of holding said meeting; and also publishing the warrant in two issues of one or more of the newspapers of the town, the date of the first publi- cation to be not less than seven days before such meeting." - Board of Selectmen.
ARTICLE 7. To see if the town will vote to amend the by-laws of the town by striking therefrom Section 15 of old Chapter II, and inserting the following :
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TOWN OF WAKEFIELD
"A motion to reconsider any vote must be made before the final ad- journment of the meeting at which the vote was passed, but such motion to reconsider shall not be made at an adjourned session unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed, or by written notice to the Town Clerk within seventy-two hours after the adjournment of such session. There can be no reconsideration of a vote once reconsidered or after a vote not to reconsider it." - Board of Selectmen.
ARTICLE 8. To see if the town will vote to amend the by-laws of the town by striking therefrom Chapter VI. - Board of Selectmen.
ARTICLE 9. To see if the town will vote to amend the by-laws of the town by designating the Zoning By-Law as Chapter VI thereof. - Board of Selectmen.
ARTICLE 10. To see if the town will vote to amend the by-laws of the town by deleting therefrom Chapter VIII, assigning the subject matter thereof to Chapter VII, and assigning an appropriate section number. - Board of Selectmen.
ARTICLE 11. To see if the town will vote to amend the by-laws of the town by striking the designation Chapter XIX therefrom, by constituting a new Chapter VIII and by assigning thereto, the subject matter hereto- fore assigned to Chapter XIX. - Board of Selectmen.
Under Article 4 through 11, the Finance Committee moved and it was Voted as follows:
ARTICLE 4
Voted: To amend the by-laws of the town by combining present Chapters I and II, designating them as Chapter II, changing the title of Chapter II to read, "Town Meetings and Rules of Procedure Thereof," designating Sections 1 and 2 of Chapter I as Sections 1 and 2, respect- ively, of Chapter II, and redesignating Sections 1 through 15 of Chapter II, respectively, as Sections 3 through 17, respectively, of Chapter II.
ARTICLE 5
Voted: To amend the by-laws of the town by adopting the following new
CHAPTER I:
Sec. 1-These by-laws may be referred to as the General By-Laws of the Town of Wakefield.
Sec. 2-So far as the provisions of these by-laws are the same in effect as those of previously existing by-laws, they shall be construed as a continuation of such by-laws but, subject to said limitations and the pro- visions of the next section, all by-laws of the Town heretofore in force are hereby repealed; provided that this repeal shall not apply to or affect any by-law, order, or article heretofore adopted, accepting or adopting the provisions of any statute of the Commonwealth.
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148TH ANNUAL REPORT
Sec. 3-These by-laws and the repeal of all by-laws heretofore in force shall not affect any act done, any right accrued, any penalty pending at the time when they take effect; nor shall the repeal of any by-law thereby have the effect of reviving any by-law theretofore repealed or suspended.
Sec. 4-All by-laws hereafter passed shall be recorded in the order of passage by the Town Clerk, in a book kept for that purpose, with proper margins and notations, to be lettered, "Record of By-Laws of the Town of Wakefield"; which book shall be kept in the office of the Town Clerk, subject to the inspection of the citizens.
Sec. 5-When in a by-law anything is prohibited from being done without the license or permission of a certain officer, officers or board, such officer, officers, or board shall have the power to license or permit such thing to be done.
Sec. 6-In all these by-laws the following words and expressions shall, unless inconsistent with the manifest intent, be severally construed as follows: - The words "public way" shall include any highway, town way, road, bridge, street, avenue, boulevard, roadway, parkway, lane, sidewalk or square; the "owner or occupant of a building or land" shall include any sole owner or occupant, and any joint tenant and tenant in common of the whole or of any part of a building or lot of land; words purporting to give a joint authority to three or more officers or other persons shall give such authority to a majority of such officers or persons; the word "person" may include corporations; words importing the singular number may apply to the plural number; and words importing the masculine gender may apply to the feminine gender.
Sec. 7-Whoever violates any of the provisions of these by-laws whereby any act or thing is enjoined or prohibited, shall, unless other provision is expressly made, forfeit and pay a fine not exceeding twenty dollars for each offence.
Sec. 8-Whoever shall refuse or neglect to obey any lawful order of any Town officer or board of Town officers, issued under any of these by-laws, directed to him and properly served upon him, shall, in cases not otherwise provided for, forfeit and pay for every such offence a fine not exceeding twenty dollars.
Sec. 9-Prosecutions for the breach of any of the provisions of these by-laws shall be commenced within six months from such breach.
Sec. 10-All fines and penalties for the violation of any by-law, or the order of any board lawfully established thereunder, shall when recovered, inure to the Town and be paid into the Town Treasury, unless otherwise directed by laws of the Commonwealth of by-laws of the Town.
Sec. 11-Any or all of these by-laws may be repealed or amended or other by-laws may be adopted, at any Town meeting, annual or special, an article containing the subject matter of the proposed change having been inserted in the warrant for such meeting.
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TOWN OF WAKEFIELD
ARTICLE 6
Voted: To amend the by-laws of the town by striking therefrom Section 2 of Chapter 1, as it appears in the 1950 publication of the by-laws, and inserting the following:
"Notice of every town meeting shall be given by posting an attested copy of the warrant calling the same in such public places as the Select- men may designate, over at least two successive Sundays before the time of holding said meeting; and also publishing the warrant in two issues of one or more of the newspapers of the town, the date of the first publi- cation to be not less than seven days before such meeting." - Board of Selectmen.
ARTICLE 7
Voted: To amend the by-laws of the town by striking therefrom Section 15 of old Chapter II, and inserting the following:
"A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed, but such motion to reconsider shall not be made at an adjourned session unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed, or by written notice to the Town Clerk within seventy-two hours after the adjournment of such session. There can be no reconsideration of a vote once recon- sidered or after a vote not to reconsider it."
ARTICLE 8
Voted: To amend the by-laws of the town by striking therefrom Chapter VI.
ARTICLE 9
Voted: To amend the by-laws of the town by designating the Zoning By-Law as Chapter VI thereof.
ARTICLE 10
Voted: To amend the by-laws of the town by deleting therefrom Chapter VIII, assigning the subject matter thereof to Chapter VII, and assigning an appropriate section number.
ARTICLE 11
Voted: To amend the by-laws of the town by striking the designation Chapter XIX therefrom, by constituting a new Chapter VIII, and by assigning thereto, the subject matter heretofore assigned to Chapter XIX.
ARTICLE 12
To see if the town will vote to amend the by-laws of the town by striking therefrom Chapter IX. - Board of Selectmen.
On motion by Finance Committee:
Voted: That the subject matter of Article 12 be indefinitely postponed.
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148TH ANNUAL REPORT
ARTICLE 13
To see if the town will vote to amend the by-laws of the town by striking therefrom the designation Chapter X-A, and by assigning the subject matter of said chapter to a new Chapter IX. - Board of Selectmen.
On motion by Finance Committee:
Voted: That the subject matter of Article 13 be indefinitely postponed.
On motion by Finance Committee :
Voted: That this meeting be now dissolved.
Meeting dissolved at 8:25 P.M.
Attendance :
Precinct 1
22
Precinct 2
9
Precinct 3
36
Precinct 4
29
Precinct 5
2
Total
98
A True Record:
Attest: CHARLES F. YOUNG,
Town Clerk
Special Meeting, June 24, 1959
Meeting called to order at 7:35 P.M. in the Memorial High School auditorium by Moderator Roger H. Wingate, who read the call for the meeting.
On motion by William K. Lawrence:
Voted: That further reading of the warrant, with the exception of the constable's return, be dispensed with.
Constable's return read by the Town Clerk.
The invocation was read by Moses M. Frankel of Temple Emmanuel.
By unanimous consent of the meeting, the Moderator allowed the following persons, not voters in Wakefield, to attend the session: James Walsh, personnel manager of the Transitron Corporation; R. C. Lennerton of the Gulf Oil Corporation; Christopher McCarthy, member of the State Housing authority, and John Kimball, Moderator of the Town of Lynnfield.
ARTICLE 1
To see if the Town will vote to amend the Town Zoning By-Laws and Zoning Map by changing from a general residence district to a business district the following tract of land:
Starting at a point in the northerly side line of Ballister Street (a paper street) one hundred fifty (150) feet westerly from the westerly side line of Lake Street as extended across Ballister Street in a straight line from Bartley Street; thence southerly by a line one hundred fifty (150) feet westerly and parallel to the westerly side line of Lake Street to a point
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TOWN OF WAKEFIELD
one hundred (100) feet northerly of the northerly side line of Bartley Street; thence westerly by a line one hundred (100) feet northerly and parallel to the northerly side line of Bartley Street to a point six hundred twenty-five (625) feet westerly of the westerly side line of Lake Street; thence northerly by a line six hundred twenty-five (625) feet westerly and parallel to the westerly side line of Lake Street to a point in the northwesterly side line of Ballister Street, (a paper street); thence north- easterly and easterly along the northwesterly and northerly side line of Ballister Street to the point of beginning; containing about five (5) acres of land. - Board of Selectmen.
The report of the Planning Board was read by Kenneth W. Thomson, chairman of the Planning Board, stating that a hearing, duly advertised, was held on June 23 and the board recommended favorable action.
On motion by Mr. Thomson:
Voted: That the Town amend its Zoning By-Laws and Zoning Map by changing from a general residence district to a business district the following tract of land:
Starting at a point in the northerly side line of Ballister Street (a paper street) one hundred fifty (150) feet westerly from the westerly side line of Lake Street as extended across Ballister Street in a straight line from Bartley Street; thence southerly by a line one hundred fifty (150) feet westerly and parallel to the westerly side line of Lake Street to a point one hundred (100) feet northerly of the northerly side line of Bartley Street; thence westerly by a line one hundred (100) feet northerly and parallel to the northerly side line of Bartley Street to a point six hundred twenty-five (625) feet westerly of the westerly side line of Lake Street; thence northerly by a line six hundred twenty-five (625) feet westerly and parallel to the westerly side line of Lake Street to a point in the northwesterly side line of Ballister Street (a paper street); thence northeasterly and easterly along the northwesterly and northerly side line of Ballister Street to the point of beginning; containing about five (5) acres of land.
The vote in the affirmative was YES, 183 - NO, 84, and the Moderator declared the motion carried.
ARTICLE 2
To see if the Town will vote under Massachusetts General Laws (Ter. Ed.) Chapter 121, Section 26K, as amended to establish a Housing Authority and in that connection to make any and all determinations and declarations deemed necessary or desirable, and take any action in relation thereto. - James J. Curley and others.
On motion by Finance Committee :
Voted: That the Wakefield Housing Authority shall be organized and established under the provisions of Massachusetts General Laws, Chapter 121, Section 26K and acts in amendment thereof and in addition thereto.
After a lengthy discussion on Article 2, a motion, at 9:51 P.M., to invoke the "Previous Question" was voted in the affirmative by a vote of YES, 192 - NO, 47.
The motion to organize then was quickly passed.
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148TH ANNUAL REPORT
ARTICLE 3
To see if the Town will vote to authorize and instruct the Board of Selectmen to purchase or take by Right of Eminent Domain under Chapter 79 of the General Laws, for Highway purposes, certain parcels of land in Wakefield, bounded and described as follows: Beginning at a point 181.96 ft. West of the angle in Richardson St., SOUTHERLY by said Richardson St. 46.87 ft .; WESTERLY by land of the Boston and Maine Railroad 801.39 ft .; SOUTHERLY by land of the Boston and Maine Railroad 2.50 ft .; WESTERLY by land of the Boston and Maine Railroad 33.34 ft .; NORTHEASTERLY by land of the Town of Wakefield 64.65 ft .; EAST- ERLY by land of the Town of Wakefield 776.53 ft. to the point of be- ginning.
The above described parcel is shown more fully on a plan entitled "Land in Wakefield, Mass., Boston and Maine Railroad to Raylen Realty Co.," J. F. Kerwin, Eng'r. of Design, January, 1959.
And, to raise and appropriate a sufficient sum of money to carry out the purposes of this article. - Board of Selectmen.
On motion by Finance Committee:
Voted: To authorize and instruct the Board of Selectmen to pur- chase or take, by Right of Eminent Domain under Chapter 79 of the General Laws for Highway purposes, certain parcel of land in Wakefield bounded and described in accordance with the description set forth in Article #3 and appropriate, by transfer from the Excess and Deficiency Account, the sum of $4,500 to carry out the purposes of this article.
ARTICLE 4
To see if the Town will vote to authorize the Board of Public Works to construct a sewer in Brook Street northwesterly approximately 1150 feet to a dead end manhole, from an existing manhole in the Northwest Trunk Sewer opposite the M.D.C. pumping station on Brook Street, and raise and appropriate a sufficient sum of money therefor and/or authorize the treasurer with the approval of the Board of Selectmen to borrow or issue notes or bonds of the town therefor and/or appropriate by transfer from available balances, or to take any other action with relation thereto. - Board of Health.
On motion by Finance Committee:
Voted: To authorize and instruct the Board of Public Works to construct a sewer in the street described in Article #4 and appropriate by transfer from the Excess and Deficiency Account the sum of $14,300 to carry out the purposes of this Article.
ARTICLE 5
To see what sum the Town will raise and appropriate for the observ- ance of the Christmas season of 1959 by the decoration and illumination of public buildings and public streets, and the decoration of Christmas trees upon municipal land, or what it will do in relation thereto. - Chamber of Commerce.
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TOWN OF WAKEFIELD
On motion by Finance Committee:
Voted: To raise and appropriate by transfer from the Excess and Deficiency Account the sum of $500 to carry out the purposes of Article 5.
ARTICLE 6
To hear and act upon the report of the Lafayette Building Committee authorized under Article 8 of the June 10, 1957 Town Meeting. - Lafayette Building Committee.
Forrest E. Carter read the report of the committee.
On motion by Finance Committee:
Voted: That the report of the committee be accepted as a final report, that the committee be discharged and given a rising vote of thanks.
The report was signed by Forrest E. Carter, Hiram A. Tobey, John N. Bill, George E. Blair, and Norman Hall.
ARTICLE 7
To see if the Town will vote to authorize the Board of Selectmen to extend or renew, for a period of three years, the lease of the Parke Snow, Inc. parking area, so-called, or to take any other action with relation thereto. - Board of Selectmen.
On motion by Finance Committee:
Voted: To authorize the Board of Selectmen to negotiate for the extension or renewal, for a period of three years, of the lease of the Parke Snow, Inc. parking area so-called.
On motion by Finance Committee:
Voted: That Articles 8 through 11 be taken up and discussed jointly.
ARTICLES 8 through 11
ARTICLE 8. To see if the Town will vote to amend the by-laws of the Town by constituting the unnumbered by-law entitled, "Regulations Relating to Assignment of Tax Titles Held by the Town", as Section 9 of Chapter V of the by-laws. - Board of Selectmen.
ARTICLE 9. To see if the Town will vote to amend the by-laws of the Town by constituting the unnumbered by-law entitled, "Disposal of Town Property Acquired by the Town Through Tax-Title Foreclosures", as Sec- tion 10 of Chapter V of the by-laws. - Board of Selectmen.
ARTICLE 10. To see if the Town will vote to amend the by-laws of the Town by eliminating the designation Chapter XI A and adding the subject matter of the present Chapter XI A to Chapter II as Section 18 thereof. - Board of Selectmen.
ARTICLE 11. To see if the Town will vote to amend the by-laws of the Town by eliminating Chapter XIII therefrom. - Board of Selectmen.
Under Article 8, voted to amend the by-laws of the town by consti- tuting the unnumbered by-law entitled, "Regulations Relating to Assign- ment of Tax Titles Held by the Town," as Section 9 of Chapter V of the by-laws.
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148TH ANNUAL REPORT
Under Article 9, voted to amend the by-laws of the Town by consti- tuting the unnumbered by-law entitled, "Disposal of Town Property Acquired by the Town Through Tax-Title Foreclosures," as Section 10 of Chapter V of the by-laws.
Under Article 10, voted to amend the by-laws of the Town by elimina- ting the designation Chapter XI A and adding the subject matter of the present Chapter XI A to Chapter II as Section 18 thereof.
Under Article II, voted to amend the by-laws of the Town by elim- inating Chapter VIII therefrom.
On motion by Theodore H. von Kameche:
Voted: That this meeting be now dissolved.
Meeting dissolved at 10:58 P.M.
Attendance:
Precinct 1
52
Precinct 2
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