Town annual reports of Wayland Massachusetts 1960-1962, Part 31

Author: Wayland (Mass.)
Publication date: 1960
Publisher: Printed at the Middlesex Freeman Office
Number of Pages: 698


USA > Massachusetts > Middlesex County > Waltham > Town annual reports of Wayland Massachusetts 1960-1962 > Part 31


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41


Article 19. To see if the Town will vote to authorize the Board of Selectmen, with the approval of the Town Counsel, to purchase from the Boston & Maine Railroad the land described in deed recorded with Middlesex South District Deeds in Book 2962, Page 81, and Book 4315, Page 1, or any portion thereof, and to acquire all rights of the Boston & Maine Railroad under lease recorded with Middlesex South District Deeds in Book 1777, Page 482, and raise and appro- priate a sum of money therefor; or take any action relative thereto.


Upon Motion of Mr. Frank W. Kilburn, duly seconded, it was VOTED: That the Board of Selectmen, with the approval of the Town Counsel, be authorized to purchase from the Boston & Maine Railroad two parcels of land, with the buildings thereon, having a total area of about 45, 700 feet, at the Wayland Center Station site, being a portion of the land described in deed recorded with Middlesex South District Deeds in Book 2962, Page 81, and Book 4315, Page 1, and to acquire all rights of the Boston & Maine Railroad with respect to said parcels under lease recorded with Middlesex South District Deeds in Book 1777, Page 482; and that there be appropriated and


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assessed therefor the sum of $2, 500. 00.


First vote under this Motion gave a scattering of "No's" Second vote was unanimously in favor of the Motion.


Article 20. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase or gift from the Metropolitan Dis- trict Commission, the two parcels of land on School Street shown on the plan entitled "Plan of Land in Wayland Showing Areas Taken from the Commonwealth" dated December 19, 1961, by Everett M. Brooks Co., Civil Engineers; or take any action relative thereto.


Upon Motion of Mr. James D. Wells, duly seconded, it was


VOTED: unanimously: That the Town authorize the Board of Sel- ectmen to acquire by purchase or gift from the Metropolitan District Commission, the two parcels of land on School Street shown on the plan entitled "Plan of Land in Wayland Showing Areas Taken from the Commonwealth" dated December 19, 1961, by Everett M. Brooks Co. Civil Engineers, and that there be assessed and appropriated there- for the sum of $50. 00.


Article 21. To see if the Town will vote to authorize the Board of Selectmen to convey to the Metropolitan District Commission the parcel of land shown as parcel C on the plan entitled "Plan of Land in Wayland Showing Changes in Sideline of a Portion of Maiden Lane" dated December 26, 1961, by Everett M. Brooks Co., Civil Engi- neers; or take any action relative thereto.


Upon Motion of Mr. Wells, duly seconded, it was


VOTED: unanimously: That the Board of Selectmen be authorized to convey, for the sum of $1. 00, to the Metropolitan District Com- mission the parcel of land shown as parcel C on the plan entitled "Plan of Land in Wayland Showing Changes in Sideline of a Portion of Maiden Lane" dated December 26, 1961, by Everett M. Brooks Co., Civil Engineers.


Article 22. To see if the Town will vote to authorize the purchase, take by eminent domain, gift, or by other means, for Park purposes, from the Wayland Rod and Gun Club, Inc. , the following parcel of land:


A certain parcel of land in Wayland, Mass., shown as Lot A on a plan entitled "Plan of Land in Wayland, Mass. , " by Everett M.' Brooks Co., C. E., dated December 7, 1961, and bounded and des- cribed as follows:


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Beginning at a point on the lot line between Town of Wayland and Wayland Rod & Gun Club, Inc., which is fifty-five (55) feet North- westerly of a stone bound on the Southerly sideline of Riverview Avenue, as shown on above-mentioned plan; thence running


NORTH 1' 55" 20° West three hundred fifty-nine (359) feet; thence SOUTH 68' 27" 48º East fifty-seven and 77/100 (57. 77) feet; thence SOUTH 00' 19" 00° East one hundred seven and 04/100 (107. 04) feet;


SOUTH 10' 23" 40° West two hundred thirty-four and 39/100 (234. 39) feet to the point of beginning.


Containing 11, 845 square feet of land; or take any action relative thereto.


Upon Motion of Mr. Wells, duly seconded, it was


VOTED: Unanimously: (The Moderator and Mr. Wells, with un- animous consent of the Meeting, omitted reading the exact descrip- tion of the property referred to in this Article, since it was exactly as published in the Warrant. )


That the Board of Selectmen be authorized to accept a deed from the Wayland Rod & Gun Club, Inc. for Park purposes, the following parcel of land:


(as described under Article 22 of this Warrant).


Article 23. To see if the Town will authorize the Board of Select- men to sell or exchange the parcel of land shown on Plate 36C of the Town Atlas, as Lot #170 Riverview Circle, containing 20, 000 square feet of land to the Wayland Rod & Gun Club, Inc. , or take any action relative thereto.


Upon Motion of Mr. Wells, duly seconded, it was


VOTED: Unanimously: That the Board of Selectmen be authorized to convey the parcel of land shown on Plate 36C of the Town Atlas, as Lot #170 Riverview Circle, containing 20, 000 square feet of land, to the Wayland Rod & Gun Club, Inc., on the condition that there be con- veyed in exchange therefor the parcel described in the preceding ar- ticle.


Article 24. To see if the Town will vote to authorize the Board of Selectmen to sell or otherwise dispose of to Madeline Eugene two parcels of land in Wayland, Massachusetts, shown as Lot 11B and Lot A on a plan entitled "Plan of Land in Wayland, Mass. , " by Mac- Carthy Engineering Service dated November 14, 1961, and bounded and described as follows:


Beginning at a point on the Southeasterly sideline of Alden Road which is 43. 32 feet Southwesterly of a point of curvature as shown on


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above-mentioned plan; thence running


SOUTHERLY on a curve to the left with a radius of 275 feet a


distance of one hundred forty-eight and 42/100 (148. 42) feet; thence NORTH 38' 58" 42º West twelve and 22/100 (12. 22) feet; thence


NORTH 31' 44" 38° West thirty and 16/100 (30. 16) feet; thence


NORTH 40' 59" 18° West fifty-three and 09/100 (53. 09) feet; thence


NORTH 37' 38" 290 West twenty-seven (27) feet; thence


NORTH 72' 54" 370 East one hundred thirty-four and 97/100 (134. 97) feet to the point of beginning.


Containing 6, 628 square feet of land;


or take any action relative thereto.


The Moderator and Mr. Wells in making the following Motion, omitted to read the exact description of the land referred to in this Article, since the wording followed exactly the wording of the Warrant


Upon Motion of Mr. Wells, duly seconded, it was


VOTED: Unanimously: That the Board of Selectmen be authorized to convey to Madeline Eugene for the sum of $150. 00 two parcels of land in Wayland, Massachusetts, shown as Lot 11B and Lot A on a plan entitled "Plan of Land in Wayland, Mass. , " by MacCarthy En- gineering Service dated November 14, 1961, and bounded and des- cribed (as given under Article 24 of this Warrant).


Article 25. To see if the Town will vote to authorize the Board of Selectmen to sell the parcel of land shown on Plate 43A of the Town Atlas as Lots #843-847 Cedar Crest Road and containing 10, 240 square feet of land, to John D. Buckley; or take any action relative thereto.


Upon Motion of Mr. Wells, duly seconded, it was


VOTED: Unanimously: That the Board of Selectmen be authorized to convey to John D. Buckley, for the sum of $1. 00, the parcel of land shown on Plate 43A of the Town Atlas as Lots #843-847 Cedar Crest Road and containing 10, 240 square feet of land.


Article 26. To see if the Town will vote to abandon all its right, title and interest in that part of Loker Street lying between the South- erly line of land formerly of Maclaurin and Bright and now of Potts Realty Trust and the Northerly line of the new layout of Loker Street as shown on a plan entitled "Plan, Profile and Taking Plan of a part of Loker Street, Wayland, Mass. , as laid out for the Town of Way- land" dated January 11, 1961, by Everett M. Brooks Co., Civil En- gineers, and recorded with Middlesex South District Deeds as Plan No. 444 of 1961 (A of 2, B of 2) in Book 9788, Page 553, and con-


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taining according to said plan about 4, 400 square feet of land or how- ever otherwise bounded, measured, or described; reserving however the right to use said land to be abandoned as a public way until such time as Loker Street as relocated is actually constructed as shown on said Plan referred to herein; or take any action relative thereto.


Upon Motion of Mr. Wells, duly seconded, it was


VOTED: Unanimously: That the Town abandon for the sum of $1.00 all its right, title and interest in that part of Loker Street lying be- tween the Southerly line of land formerly of Maclaurin and Bright and now of Potts Realty Trust and the Northerly line of the new lay- out of Loker Street as shown on a plan entitled "Plan, Profile and Taking Plan of a part of Loker Street, Wayland, Mass., as laid out for the Town of Wayland" dated January 11, 1961, by Everett M. Brooks Co., Civil Engineers, and recorded with Middlesex South District Deeds as Plan No. 444 of 1961 (A of 2, B of 2) in Book 9788, Page 553, and containing according to said plan about 4, 400 square feet of land or however otherwise bounded, measured or described; reserving however the right to use said land to be abandoned as a public way until such time as Loker Street as relocated is actually constructed as shown on said Plan referred herein; said abandonment to be effective upon conveyance of the Town's interest in the land to which it relates pursuant to vote under Article 27 of the Warrant for this meeting.


Article 27. To see if the Town will vote to authorize the Board of Selectmen to sell, grant and convey for the sum of $1. 00 to James B. Potts, Jr., Trustee of Potts Realty Trust, the abutting owner, all the Town's right, title and interest in and to that part of Loker Street lying between the Southerly line of land formerly of Maclaurin and Bright and now of Potts Realty Trust and the Northerly line of the new layout of Loker Street as shown on a plan entitled, "Plan, Profile and Taking Plan of a part of Loker Street, Wayland, Mass., as laid out for the Town of Wayland" dated January 11, 1961, by Everett M. Brooks Co., Civil Engineers, and recorded with Middlesex South District Deeds as Plan No. 444 of 1961 (A of 2, B of 2) in Book 9788, Page 553, and containing according to said plan about 4, 400 square feet of land or however otherwise bounded, measured or described, reserving however the right to use said land to be conveyed as a public way until such time as Loker Street as relocated is actually constructed as shown on said Plan referred herein; or take any action relative thereto.


(In making his Motion, (as follows), Mr. Wells omitted reading the portion which was worded precisely as the Article was worded in the Warrant. The Meeting consented unanimously to such omis- sion. )


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Upon Motion of Mr. Wells, duly seconded, it was


VOTED: Unanimously: That the Board of Selectmen be authorized to sell, grant and convey for the sum of $ 1. 00 to James B. Potts, Jr. Trustee of Potts Realty Trust, the abutting owner, all the Town's right, title and interest in, etc. (as given in the Warrant under Arti- cle 27).


Article 28. To see if the Town will vote to authorize the Board of Selectmen to purchase, take by eminent domain, gift and/or other means, on behalf of the Town of Wayland, a drainage easement through and over certain land, as shown on a plan entitled "Plan of Land in Wayland, Mass., (showing Town of Wayland Drain Easement)' by Everett M. Brooks Co., C. E., dated May 5, 1960, bounded and described as follows:


Beginning on the Northerly sideline of Woodridge Road at a point thirty-four and 40/100 (34. 40) feet more or less, Westerly of the Southwesterly lot corner of the land of Baker, as shown on said plan, thence


WESTERLY along the sideline of Woodridge Road a distance of twenty-five and 47/100 (25. 47) feet; thence


NORTH 48º 52' 40" East, a distance of fifty-four and 46/100 (54. 46) feet; thence


NORTH 22º 28' 00" East, a distance of two hundred one and 69/100 (201.69) feet; thence


NORTH 19º 15' 00" West, a distance of one hundred four and 38/100 (104. 38) feet; thence NORTH 700 45' 00" East, a distance of twenty (20) feet; thence SOUTH 19º 15' 00" East, a distance of one hundred twelve ( 112) feet; thence SOUTH 22° 28' 00" West, a distance of two hundred fourteen (214) feet along land now or formerly of Johnsen and land now or formerly of Baker, thence


SOUTH 48º 52' 40" West, a distance of forty-three and 39/100 (43. 39) feet to the point of beginning.


together with the right to enter upon such premises and construct and maintain pipes, sewers, drains, manholes, ditches and appurtenant structures therein, and to raise and appropriate a sum of money therefor; or take any action relative thereto.


(The Moderator and Mr. Kilburn, in making the following Motion, omitted to read the description of the land referred to in this article, with unanimous consent of the meeting, since the wording followed exactly that of the Article as published in the Warrant. )


Upon Motion of Mr. Frank W. Kilburn, duly seconded, it was


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VOTED: Unanimously: That the Board of Selectmen be authorized to acquire by purchase, by eminent domain, gift or other means, on behalf of the Town of Wayland, a drainage easement through and over certain land, as shown on a plan entitled "Plan of Land in Wayland, Mass. , (showing Town of Wayland Drain Easement)" by Everett M. Brooks Co., C. E., dated May 5, 1960, bounded and described as follows:


(as described under Article 28 of this Warrant).


together with the right to enter upon such premises and construct and maintain pipes, sewers, drains, manholes, ditches and appurtenant structures therein, and that there be appropriated and assessed there for the sum of $10. 00.


Article 29. To see if the Town will vote to accept as public Town ways and to construct the roads known as: (1) Sunset Road, (2) Bent Avenue, (3) Rolling Lane, or any of them, or a portion or portions thereof, as laid out by the Board of Selectmen and as shown on plans on file with the Town Clerk; to authorize the Board of Selectmen to acquire the necessary land, including easements for drainage, by purchase, gift, eminent domain or otherwise; to appropriate and ass- ess a sum of money for the acquisition of such land or any portion thereof, the construction of such ways, and for other costs in connec- tion therewith, with betterments to be assessed under the Betterment Act; or take any action relative thereto.


Upon Motion of Mr. Ela, duly seconded, it was


VOTED: Unanimously: That the Town dispense with the reading of the Order of Laying-out of the Board of Selectmen, in connection with this article.


Upon Motion of Mr. Ela, duly seconded, it was


VOTED: Unanimously: That the Town accept the Laying-out as a public Town way of Sunset Road, as described in the Order of Laying- out of the Board of Selectmen dated September 1, 1961, and as shown on a plan entitled "Taking Plan and Profile of Sunset Road in Wayland, Mass. " on file with the Town Clerk; that the Board of Selectmen be authorized to acquire the necessary land, including easements for drainage, by purchase, gift, eminent domain or otherwise; that there be assessed the sum of $12, 000 for the acquisition of such land, for the construction of such way, and for other costs in connection there- with; and that betterments be assessed under Chapter 80 of the Gen- eral Laws in accordance with the Order of Laying-out.


Article 30. To see if the Town will vote to authorize the Board of Selectmen to install water pipes and hydrants in the ways known as (1) Sunset Road and (2) Bent Avenue, or any portions thereof, and to


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appropriate and assess a sum of money for the expense of installation of pipes and hydrants and other materials and other expenses thereof, with betterments to be assessed in accordance with provisions of the General Laws (Ter. Ed. ) Chapter 40, Section 42G through 421; or take any action relative thereto.


Upon Motion of Mr. Ela, duly seconded, it was


VOTED: Unanimously: That the Water Commissioners and the Board of Selectmen be authorized to install water pipes and hydrants in the way known as Sunset Road, and that there be appropriated and assessed the sum of $7, 500 for the expense of installation of pipes and hydrants and other materials and other expenses thereof, with betterments to be assessed in accordance with provisions of the Gen- eral Laws (Ter. Ed. ) Chapter 40, Section 42G through 42I.


Article 31. To see if the Town will vote to authorize the School Committee to transfer the care, custody, control and maintenance of the road shown on a plan entitled, "Plan of Land in Wayland, Mass. , dated January 18, 1962, Everett M. Brooks Co. , Civil Engineers, Newtonville, Wayland and West Acton, " to the Highway Department; or take any action relative thereto.


Upon Motion of Mr. William A. Loker, duly seconded, it was


VOTED: That the School Committee be authorized to transfer the care, custody, control and maintenance of the road, located on the Claypit Hill School site, shown on a plan entitled "Plan of Land in Wayland, Mass., dated January 18, 1962, Everett M. Brooks Co., Civil Engineers, Newtonville, Wayland, and West Acton, " to the Highway Department.


First Vote gave a scattering of "No's"


Second Vote was unanimously in favor of Mr. Loker's Motion.


Article 32. To see if the Town will vote to accept as a public Town way, the relocation of the road known as Lincoln Road, or a portion or portions thereof, as laid out by the Board of Selectmen, and as shown on a plan on file with the Town Clerk; to authorize the Board of Selectmen to acquire an easement for the necessary land, includ- ing easements for drainage, construction and slope, by purchase, gift, eminent domain or otherwise; and to raise and appropriate the sum of $1. 00 for the acquisition of such land, or any portion thereof, without any appropriation of money for construction of said road under the Betterment Act or otherwise; or take any action relative thereto.


Upon Motion of Mr. Morgan, duly seconded, it was


VOTED: Unanimously: That the article be passed over.


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Article 33. To see if the Town will vote to accept as a public Town way, the relocation of the road known as Draper Road, or a portion or portions thereof, as laid out by the Board of Selectmen, and as shown on a plan on file with the Town Clerk; to authorize the Board of Selectmen to acquire an easement for the necessary land, including easements for drainage construction and slope, by purchase, gift, eminent domain or otherwise; and to raise and appropriate the sum of $1. 00 for the acquisition of such land or any portion thereof; without any appropriation of money for construction of said road under the Betterment Act or otherwise; or take any action relative thereto.


Upon Motion of Mr. Morgan, duly seconded, it was


VOTED: Unanimously: That the Town dispense with the reading of the Order of Laying-out of the Board of Selectmen, in connection with this Article.


Duly seconded, Mr. Morgan offered the following


MOTION: That the Town accept as a public Town way, the reloca- tion of the road known as Draper Road, as laid out by the Board of Selectmen, and as shown on a plan on file with the Town Clerk; that the Board of Selectmen be authorized to acquire an easement for the necessary land, including easements for drainage construction and slope, by purchase, gift, eminent domain or otherwise; and that there be appropriated and assessed the sum of $1. 00 for the acquisition of such land and easements, without any appropriation of money for con- struction of said road under the Betterment Act or otherwise.


A Motion of Mr. George Vinsonhaler, "To pass over the Article" was ruled out of order by the Moderator, who pointed out that a "No" vote under the current motion would accomplish the same end, and further pointed out that Mr. Morgan's Motion would require a 2/3 vote in order to carry, since the acquisition of land-interests was involved.


Upon Mr. Morgan's Motion, it was


VOTED: In the Negative.


Duly seconded, Mr. Renzo Franceschi offered a


MOTION: To Return to Article 34, (voted and disposed of at two prior sessions of this Meeting. Mr. Franceschi's Motion sought to return it to its original position in the Warrant. )


Upon Motion of Mr. Frederic H. Newton, duly seconded, "The Previous Question": The First and Second Votes were not unanimous, so there was a


COUNTED VOTE: "Yes" 1,599 "No" 10


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Upon Mr. Franceschi's Motion, there was a COUNTED VOTE: "Yes" 1, 213 "No" 465


The required 2/3 of this vote being 1, 119 the Motion was declared to have carried.


Article 34. To see if the Town will vote to change the zoning map and zoning by-law from Single Residence District, thirty thousand (30, 000) square feet, with one hundred fifty (150) foot frontage, to Limited Commercial District, any or all of a parcel of land now or formerly of Elizabeth A. DiCarlo, 26. 2 acres, more or less, bound- ed on the west by Rice Road, on the north by the Commonwealth of Massachusetts Pressure Aqueduct, on the east by land located in the Town of Natick, and the south by Commonwealth Road East; or take any action relative thereto.


Upon Motion of Mrs. Peter Beckwith (Eleanor V. ) duly seconded, it was


VOTED: To reconsider the vote under Article 34.


Duly seconded, Mr. Robert W. Charlton offered the following


MOTION: That the Zoning Map and the Zoning By-Law be changed by changing from Single Residence District, Thirty Thousand (30, 009 square feet, One Hundred Fifty (150) foot frontage to Limited Com- mercial District land now or formerly of Elizabeth A. DiCarlo, shown as Lot "C" on a plan entitled: "Plan of Land in Wayland and Natick, Mass. , " dated February 19, 1962, by Everett M. Brooks Company, C. E. , bounded and described as follows:


Beginning at a Stone bound on said plan on the southerly side of the Commonwealth of Massachusetts Pressure Aqueduct and 177. 84 feet east of Rice Road, thence south 20 degrees 11 minutes 25 sec- onds west a distance of 570. 62 feet, thence south 48 degrees 01 min- ute 54 seconds east a distance of 280. 44 feet to Commonwealth Road East, thence in an easterly direction along Commonwealth Road East 1555. 94 feet to the Wayland-Natick Town line, thence northerly along the Wayland-Natick Town line 599. 51 feet to the Commonwealth of Massachusetts Pressure Aqueduct, thence westerly along the Com- monwealth of Massachusetts Pressure Aqueduct 1819. 91 feet to the point of beginning.


A Substitute Motion of Dr. John Gordon Freymann: That the Plan- ing Board be directed to bring in a Report to the Town at the next annual Town Meeting (and he listed items of information that they were to study and report upon), was ruled out of order, as going beyond the scope of this Article.


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Duly seconded, Mr. Thomas J. Judge offered the following MOTION: "The Previous Question. "


Upon a Motion (Amendment to Mr. Judge's) of Mrs. Wilson: "To postpone termination of debate until after a report from the Finance Committee upon this Article. " It was


VOTED: In the Negative.


Seven persons having doubted the vote, there was a


COUNTED VOTE: "Yes" 375 "No" 1, 149


Upon Mr. Judge's Motion, there was a


COUNTED VOTE: "Yes" 1, 395 "No" 161


Upon the Main Motion of Mr. Charlton, there was a COUNTED VOTE: "Yes" 1, 153 "No" 500


The required 2/3 of this vote being 1, 102 the Motion was declared to have carried.


Upon a Motion of Dr. Freymann, duly seconded: "To return to Article 1" it was


VOTED: In the Negative.


Article 35. To see if the Town will vote to amend the zoning by- law by changing the requirement of 60, 000 square feet with 210-foot frontage to 20, 000 square feet with 120-foot frontage, the following described land, -- land on the northerly side of Glezen Lane, owned by Joseph Rodier, consisting of 13. 63 acres, and being the same property conveyed to the said Joseph Rodier by deed of C. Mifflin Frothingham, dated February 8, 1924, and duly recorded with Mid- dlesex South District Deeds, Book 4702, Page 261, and shown as "Plan of Property of C. Mifflin Frothingham in Wayland, October 1923, P. B. Rand, C. E. , the said plan being duly recorded at said Registry of Deeds, in Plan Book 332, Plan 5. "


Upon a Motion of Mr. L. William Bertelsen, duly seconded, it was VOTED: That the Article be passed over.


Upon a Motion of Mr. Robert M. Morgan, duly seconded, it was VOTED: That this Meeting be adjourned only after Article 43 has been disposed of.


Article 36. To see if the Town will vote to amend the zoning by- law by changing the requirement of 60, 000 square feet with 210-foot frontage to 20, 000 square feet with 120-foot frontage, the following described land :-- the land on the southerly side of Glezen Lane owned by Joseph Rodier, consisting of 8. 42 acres, and being the same


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property conveyed to the said Joseph Rodier by deed of Ernest F. Lawrence, Jr., and duly recorded with Middlesex South District Reg- istry in Book 6896, Page 556, with the exception of about four acres previously conveyed to others since date of acquisition, and which are all one-half acre lots: or take any action relative thereto.




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