Town annual reports of Wayland Massachusetts 1963-1965, Part 18

Author: Wayland (Mass.)
Publication date: 1963
Publisher: Printed at the Middlesex Freeman Office
Number of Pages: 752

USA > Massachusetts > Middlesex County > Waltham > Town annual reports of Wayland Massachusetts 1963-1965 > Part 18

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a certain parcel of land having an area of 1. 3 acres, known as the Eagan property, located on Boston Post Road East and as shown on "Plan of Land in Wayland, Mass. on Boston Post Road, Owned by Marie K. Eagan, Adminux. (William H. Eagan) dated October 24, 1963, by Everett M. Brooks Co., Civil Engineers"; and will raise and appropri- ate, or transfer from available funds a sum of money therefor; or take any action relative thereto.

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

VOTED: That the Board of Selectmen, with the approval of the Town Counsel, be authorized to purchase, take by eminent domain, gift or otherwise, on behalf of the Town of Wayland for the improvement of low land and for extension of the Town Office Building lot, a certain par- cel of land having an area of 1. 3 acres, known as the Eagan property, located on Boston Post Road East and as shown on "Plan of Land in Wayland, Mass. on Boston Post Road, Owned by Marie K. Eagan, Ad- minux, (William H. Eagan) dated October 24, 1963 by Everett M. Brooks Co., Civil Engineers"; and that there be appropriated and assessed there- for the sum of $8, 000.

The first two votes were not unanimous; and so there was a

COUNTED VOTE: "Yes" 337 "No" 18

The required 2/3 vote was declared to have carried.

Article 27. To see if the Town will vote to authorize the Board of Selectmen to purchase, take by eminent domain, gift or otherwise, all or any of the following parcels of land with buildings thereon, as shown on the respectively numbered Plates of the Town Atlas:

1. Plate 42D -- #88 Lake Shore Drive -- Part of Lot 130 -- Raymond Miller -- 2, 100 sq. ft. ;

2. Plate 42D -- #98 Lake Shore Drive -- Lot 124 -- Ameri- co P. and Mary Carmosino -- 13, 750 sq. ft .;

3. Plate 46B -- #120 Lake Shore Drive -- Part of Lot 94 -- Amos E. and Dorothy C. Kent -- 3, 175 sq. ft. ;

4. Plate 46B -- #122 Lake Shore Drive -- Part of Lot 93 -- John B. and Mary J. Ehlen -- 1, 500 sq. ft .;

5. Plate 46B -- #124 Lake Shore Drive -- Parts of Lots 91 and 92 -- Henry K. and Gertrude Ramette -- 2, 900 sq. ft;

6. Plate 46B -- #72 Hawthorne Road -- Part of Lot 89 -- Joseph T. Tansey -- 2, 600 sq. ft. ;

7. Plate 46D -- Parts of Lots 57 and 58 Lake Shore Drive -- Herbert W. and Mary F. Hurley -- 13, 272 sq. ft. ;

and to raise and appropriate or transfer a sum of money therefor; or

take any action relative thereto.

Duly seconded, Mr. Morgan offered the following:

MOTION: That the Selectmen, with the approval of the Town Coun- sel, be authorized on behalf of the Town to purchase, take by eminent domain, gift or otherwise, the following parcels of land with the build- ings thereon, for highway purposes:

1. Land now or formerly of Raymond Miller, having an area of about 2, 100 square feet, shown as the part of Lot 130 located between Lake Shore Drive and Dudley Pond on the Worthington plan recorded with Middlesex South District Deeds, Plan Book 268, Plan 17;

2. Land now or formerly of Americo P. and Mary Carmosino, having an area of about 13, 750 square feet, shown as Lot 124 on said Worthington plan;

3. Land now or formerly of Amos E. and Dorothy C. Kent, having an area of about 3, 175 square feet, shown as the part of Lot 94 located between Lake Shore Drive and Dudley Pond on said Worthington plan;

4. Land now or formerly of John B. and Mary J. Ehlen, having an area of about 1, 500 square feet, shown as the part of Lot 93 located between Lake Shore Drive and Dudley Pond on said Worthington plan;

5. Land now or formerly of Henry K. and Gertrude Ramette, having an area of about 2, 900 square feet, shown as the parts of Lots 91 and 92 located between Lake Shore Drive and Dudley Pond on said Worthington plan;

6. Land now or formerly of Joseph T. Tansey, having an area of about 2, 600 square feet, shown as the part of Lot 89 lo- cated between Hawthorne Road and Lake Shore Drive on said Worthington plan; and

7. Land now or formerly of Herbert W. and Mary F. Hurley, having an area of about 13, 272 square feet, being the parts of Lots 57 and 58 shown on the Worthington plan recorded with said Deeds in Plan Book 271, plan 3, which were conveyed to said Herbert W. and Mary F. Hurley by deed recorded with said Deeds, Book 7005, page 381;

and that there be appropriated and assessed thereof the sum of $11,000.

By unanimous consent of the Meeting, Mr. Kent, owner of the

parcel of land referred to under Item 3 in this Article, was allowed to speak briefly in defense of his property.

A Motion of Mr. McEnroy: "To delete Items 3-7 from Mr. Morgan's Motion, " was withdrawn before it was seconded, in favor of:

A Motion of Mr. Randall C. Redpath: To defer action under Article 27 until the 1965 Annual Town Meeting;

but Mr. Redpath's Motion was ruled out of order, on the ground that a Town By-Law required that each Article in any Town Meeting Warrant must be acted upon: either by "passing it over", "tabling it", or act- ing directly upon the issue (s) raised by it; and must be disposed of be- fore final adjournment of such Town Meeting.

Mr. McEnroy repeated his Motion, and was seconded: To delete Items 3-7 from Mr. Morgan's Motion.

This was still under discussion when,

Upon a Motion, duly seconded, of Mr. Louis L. Orenbuch; To table all action under Article 27, it was

VOTED. In the Negative.

Upon a Motion, duly seconded, of Mr. Redpath; The Previous Question, it was

VOTED. Unanimously: In favor.

Upon Mr. McEnroy's Amendment, it was

VOTED. First vote was declared in doubt; the second vote, a stand- ing, uncounted vote, was also declared in doubt.

COUNTED VOTE: "Yes" 148 "No" 183

Mr. McEnroy's Amendment having been declared in the Negative; the VOTE upon Mr. Morgan's (Main) Motion was far from unanimous;

COUNTED VOTE: " Yes" 158 "No" 201

Mr. Redpath, duly seconded, offered a

MOTION: To adjourn the meeting until next Wednesday at 7:45 P. M.

Before taking the vote upon this Motion, the Moderator pointed out that Article 27 had not been disposed of. Thereupon, Mr. Redpath asked to withdraw his Motion; but there was objection. Upon Mr. Redpath's

MOTION, it was VOTED. In the Negative.

Duly seconded, Mr. Morgan offered a

MOTION: To acquire the property described under Item 1 (Article 27): and to appropriate and assess therefor the sum of $1,500.

Upon a Motion, duly seconded, of Mr. McEnroy. To adjourn the Meeting until next Wednesday evening, it was

VOTED: In the Negative.

Upon a Motion, duly seconded, of Mr. McEnroy: The Previous Question, it was

VOTED. First two votes were not unanimous. The third vote was unanimously in favor.

Upon Mr. Morgan's Motion, it was

VOTED. In the Negative.

A Motion of Mr. Garrett F. Ziffer: To pass over the Article was ruled out of order in this form, at this time, since there had been so much discussion and action upon the merits of the questions raised by the Article.

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

VOTED. (First vote being in doubt; there was a standing, uncounted vote); To adjourn the Meeting to Monday evening at 7:45 at the same place.

This vote took place at 10:55 P. M., when the Meeting was declared adjourned.

A True Copy.

Attest:

LEILA SEARS Town Clerk of Wayland

VOTES ENACTED AT THE ADJOURNED ANNUAL TOWN MEETING

HELD:

MONDAY, MARCH 16, 1964

Town Clerk's Office Wayland, Massachusetts

Roger P. Stokey, Moderator: --

Pursuant to the Warrant for the 1964 Annual Town Meeting, duly signed by the Selectmen, served and return of service given by a Con- stable of the Town; and a continuance being held in accordance with a vote taken at the March 11, 1964 session of said Annual Town Meeting, the inhabitants of the Town of Wayland qualified to vote in Town Meet- ing, met this day; and at 7:45 P. M. the Moderator called the meeting to order, declared a quorum to be present, and the meeting proceeded to transact the following business:

At the close of the previous session of this Meeting, Article 27 was still open and before the Meeting:

1. Plate 42D -- #88 Lake Shore Drive -- Part of Lot 130 -- Raymond Miller -- 2, 100 sq. ft. ;

2. Plate 42D -- #98 Lake Shore Drive -- Lot 124 - - Americo P. and Mary Carmosino -- 13, 750 sq. ft .;

3. Plate 46B -- #120 Lake Shore Drive -- Part of Lot 94 - - Amos E. and Dorothy C. Kent -- 3, 175 sq. ft. ;

4. Plate 46B -- #122 Lake Shore Drive -- Part of Lot 93 -- John B. and Mary J. Ehlen -- 1, 500 sq. ft. ;

5. Plate 46B -- #124 Lake Shore Drive -- Parts of Lots 91 and 92 -- Henry K. and Gertrude Ramette - - 2, 900 sq, ft .;

6. Plate 46B -- #72 Hawthorne Road -- Part of Lot 89 -- Joseph T. Tansey -- 2, 600 sq. ft. ;

7. Plate 46D -- Parts of Lots 57 and 58 Lake Shore Drive - Herbert W. and Mary F. Hurley -- 13, 272 sq. ft. ;

and to raise and appropriate or transfer a sum of money therefor; or take any action relative thereto.

Upon Motion of Mr. Robert M. Morgan, duly seconded, it was VOTED. To return to Item #1 under Article 27, and reconsider action previously taken thereunder.

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

VOTED. That the Selectmen, with the approval of Town Counsel, be authorized on behalf of the Town to purchase, take by eminent do- main, gift or otherwise, the following parcel of land with the buildings thereon, for highway purposes:

(Item #1)

Land now or formerly of Raymond Miller, having an area of about 2, 100 square feet, shown as the part of Lot 130 loca- ted between Lake Shore Drive and Dudley Pond on the Worthing- ton plan recorded with Middlesex South District Deeds, Plan Book 268, plan 17;

and that there be appropriated and assessed therefor the sum of $1, 500.

The first vote upon this Motion was far from unanimous; and so there was a COUNTED VOTE:

" Yes" 333 "NO" 77

The vote was declared to have carried by the required 2/3 vote.

Duly seconded, Mr. Morgan offered the following:

MOTION: That the Selectmen, with the approval of the Town Coun- sel, be authorized on behalf of the Town to purchase, take by eminent domain, gift or otherwise, the following parcel of land with the build- ings thereon, for highway purposes:

( Item #2)

Land now or formerly of Americo P. and Mary Carmosino, having an area of about 13, 750 square feet, shown as Lot 124 on said Worthington plan;

and that there be appropriated and assessed thereof the sum of $1, 700.

Upon Motion of Mr. Morgan, duly seconded; "The Previous Question it was

VOTED: Unanimously: In favor.

Upon the Main Motion of Mr. Morgan, the first two votes were not unanimous, and so there was a

COUNTED VOTE:

"Yes" 334 "No" 57

Duly seconded, Mr. Morgan offered the following

(Items #4, #5, and #6)

Land now or formerly of John B. and Mary J. Ehlen, having an area of about 1, 500 square feet, shown as the part of Lot 93 located between Lake Shore Drive and Dudley Pond on said Worthington plan;

Land now or formerly of Henry K. and Gertrude Ramette, having an area of about 2, 900 square feet, shown as the parts of Lots 91 and 92 located between Lake Shore Drive and Dudley Pond on said Worthington plan; and

Land now or formerly of Joseph T. Tansey, having an area of about 2, 600 square feet, shown as the part of Lot 89 located between Hawthorne Road and Lake Shore Drive on said Worth- ington plan;

and that there be appropriated and assessed therefor the sum of $4, 500.

Mr. Morgan requested permission, which was unanimously given by the Meeting: To delete Item #6 from the foregoing Motion, and change the appropriation to $3, 500.

The Moderator stated that Messrs. Ehlen and Sullivan ( the latter a nephew of Mrs. Ramette, who was ill), requested permission to speak in defense of the properties referred to in Items #4 and #5, respective- ly, these gentlemen being non-residents of the Town. This permission was granted by unanimous consent of the Town, each speaker being limited to two minutes.

A Motion was made and seconded, to delete Item #4 from the main Motion.

Upon a Motion of Mr. Morgan, duly seconded; "The Previous Question" the first two votes were not unanimous. Upon a COUNTED VOTE: "Yes" 323 "NO" 69

Upon the Amendment to delete Item #4 it was

VOTED. In the Negative.

Upon the Main Motion, the vote was far from unanimous; upon COUNTED VOTE: "Yes" 149 "NO" 253

Article 28. To see if the Town will vote to authorize the Conser- vation Commission to expend a sum of money from the Conservation Fund under Clause 51 of Section 5 of Chapter 40 of the Massachusetts General Laws for the purchase of a parcel of land having an area of about 10 acres now or formerly owned by Rosalthe W. Picard at the intersection of Main Street and Mathews Drive in Cochituate; or take any action relative thereto.

Upon Motion of Mr. Allen H. Morgan, duly seconded, it was VOTED. Unanimously: That the Conservation Commission be authorized to expend the sum of $5, 000 from the Conservation Fund under Clause 51 of Section 5 of Chapter 40 of the Massachusetts Gen- eral Laws for the purchase of the parcel of vacant land having an area of about ten (10) acres now or formerly owned by Rosalthe W. Picard on Main Street and Mathews Drive in Cochituate, shown as Lot A on a plan entitled "Plan of Land in Wayland, Mass. " dated April 2, 1963, by Everett M. Brooks Co., Civil Engrs., on file with the Town Clerk, such purchase to be subject to approval of legal aspects of the trans- action by the Town Counsel, and also subject to the condition that such purchase shall be made only after approval of the project for reim- bursement of one-half of the purchase price by the Commonwealth of Massachusetts.

Article 29. To see if the Town will vote to authorize the Board of Selectmen to purchase, take by eminent domain, gift or otherwise, all or any part of the parcel of land at the intersection of Loker Street and Alden Road, having a total area of about 139, 000 sq. ft. and shown on Plate 48 of the Town Atlas as land now or formerly of Mary Kelley, lots 12, 13 and 14; and to appropriate and assess a sum of money there- for; or take any action relative thereto.

Upon Motion of Mr. Charles R. Thomas, duly seconded, it was VOTED. That the Board of Selectmen, with the approval of the Town Counsel, be authorized to purchase, take by eminent domain, gift or otherwise, on behalf of the Town of Wayland for school purposes, Lot 12 Alden Road Extension, as shown on Plate 48 of the Town Atlas as land now or formerly of Mary Kelley, and more particularly des- cribed on plan entitled "Alden Road Extension" Subdivision of Land in Wayland, Mass., dated May 4, 1962 by MacCarthy Engineering Ser- vices, Inc., 200 West Central Street in Natick" and containing 40, 125 sq. ft. more or less, according to said plan; and that there be appro- priated and assessed therefor the sum of $7, 000.

The first two votes were not unanimous; and so there was a COUNTED VOTE: " Yes" 257 "No" 113

The Moderator declared the necessary 2/3 vote to have carried.

Before Article 29 was disposed of Mr. Louis L. Orenbuch offered a

MOTION: That Articles 35, 37 and 38 (relating to Zoning) be taken up, in that order, at this time.

But this Motion was ruled out of order at this time, since Article 29 was still open and before the Meeting.

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

VOTED. That if this Meeting be adjourned before completion of the Warrant, that it adjourn to Wednesday at 7:45 P. M.

Article 29 having been disposed of, and duly seconded, Mr. Oren- buch again offered his Motion: That Articles 35, 37 and 38 be taken up, in that order, at this time. This was

VOTED. In the Negative.

Article 30. To see if the Town will vote to accept as Public Town Ways the following roads:

Anthony Road - - station 0 + 0 to station 13 + 0 The End.

Carpenter Road - station 0 + 0 to station 6 + 85. 77

Caulfield Road - station 0 + 0 to end

Charena Road --

station 0 + 0 to station 7 + 50

Brooks Road - - station 0 + 0 to station 13 + 0

station 0 + 0 to end

Clarence Road - Jeffrey Road - - station 0 + 0 to end

Kelsey Road - - station 0 + 0 to end

Loblolly Lane - station 0 + 0 to end

Sweet Grass Lane station 0 + 0 to end

Sears Road station 42 + 50 to end

or any of them, or portions thereof, as laid out by the Board of Select- men and as shown on plans on file with the Town Clerk, and to author- ize the Board of Selectmen to acquire any necessary land or interest therein, including easements for drainage and slope, by purchase, gift, eminent domain, or otherwise, and to raise and appropriate a sum of money for the acquisition of such land, but without any appro- priation of money for further construction of such roads under the Betterment Act, or otherwise; or take any action relative thereto.

By unanimous consent of the Meeting, the Town dispensed with the Reading of the Order of Laying-Out of the Board of Selectmen, in con- nection with this Article.

Upon a Motion of Mr. Henry J. Muller, duly seconded, it was

VOTED. Unanimously: That the Town accept as Public Town Ways the following roads:

Anthony Road - - station 0 + 0 to station 13 + 0 The End

Carpenter Road -

station 0 + 0 to station 6 + 85. 77

Caulfield Road station 0 + 0 to end

Brooks Road

station 0 + 0 to station 13 + 0

Jeffrey Road - - station 0 + 0 to end

Loblolly Lane - - station 0 + 0 to end

Sweet Grass Lane - station 0 + 0 to end

as laid out by the Board of Selectmen and as shown on plans on file with the Town Clerk; and that the Board of Selectmen be authorized to acquire any necessary land or interest therein, including easements for drainage and slope, by purchase, gift, eminent domain, or other- wise, and that there be appropriated therefor the sum of $10. 00 for the acquisition of each road, making a total of $70. 00.

Article 31. To see if the Town will vote to accept as a Public Town Way, the relocation of the road known as Rice 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 entitled "Complete Layout Plan and Profile Showing Relocation of Rice Road in Wayland, Mass. , " dated December 28, 1962, by MacCarthy Engineering Service, Inc., Natick, Mass .; to authorize the Board of Selectmen to acquire ease- ments for the necessary land, including easements for drainage and slope, by purchase, gift, eminent domain, or otherwise; and to raise and appropriate a sum of money for the acquisition of such land or any portions thereof; without any appropriation of money for construc- tion of said road under the Betterment Act or otherwise; or take any action relative thereto.

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

VOTED: Unanimously: That the Town accept as a Public Town Way the relocation of the road known as Rice Road, from station 0 + 0 to station 122 + 0, as laid out by the Board of Selectmen, and as shown on a plan on file with the Town Clerk entitled "Plan and Profile show- ing the Relocation of Rice Road in Wayland, Mass. ", dated December 28, 1962, by MacCarthy Engineering Service, Inc., Natick, Mass. ; and that the Board of Selectmen be authorized to acquire easements for the necessary land, including easements for drainage and slope, by purchase, gift, eminent domain, or otherwise; and that there be appro-

priated and assessed therefor the sum of $100 for the acquisition of such land.

Article 32. To see whether the Town will vote to authorize the use for cemetery purposes of the parcel of land purchased by the Town, from John C. Bryant and Lorraine L. Bryant, pursuant to Article 16 of the 1963 Annual Town Meeting.

Duly seconded, Mr. Muller offered the following

MOTION: That the Town authorize, subject to the approval of the Board of Health, the use for cemetery purposes of a parcel of land purchased by the Town from John C. Bryant and Lorraine L. Bryant, pursuant to Article 15 of the 1963 Annual Town Meeting.

Upon an objection of Mr. Frederic H. Newton, to the "Article 15" designation in the Motion, whereas Article 16 was the reference given in the Warrant; the Town Counsel made a ruling that such change was due to a typographical error in the Warrant; and that the intent was sufficiently clear that a vote upon Mr. Muller's Motion would be valid.

Upon Mr. Muller's Motion, it was

VOTED: Unanimously: In favor.

Article 33. To see whether the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court for authority to transfer a portion of the Cochituate Beach premises, as described on "Plan of Land in Wayland, Mass. Off Commonwealth Road Showing Proposed Transfer of Town Land from Park Department to Cemetery Department dated November 20, 1963, Everett M. Brooks Co., Civil Engineers, " containing about 51, 802 sq. ft., from the juris- diction of the Park Board to the jurisdiction of the Cemetery Commiss- ioners for cemetery use; or take any action relative thereto.

Upon Motion of Mr. Muller, it was

VOTED. Unanimously: That the Board of Selectmen be authorized to petition the Massachusetts General Court for authority to transfer a portion of the Cochituate Beach premises, as described on "Plan of Land in Wayland, Mass. Off Commonwealth Road Showing Proposed Transfer of Town Land from Park Department to Cemetery Department dated November 20, 1963, Everett M. Brooks Co. , Civil Engineers", containing about 51, 802 sq. ft. , from the jurisdiction of the Park Board to the jurisdiction of the Cemetery Commissioners for cemetery use.

Article 34. To see if the Town will vote to raise and appropriate a sum of money for preparation of plans and specifications and for the construction of an addition to the Happy Hollow Grade School, and for

originally equipping and furnishing said addition; to determine whether the money shall be provided for by appropriation from available funds, by taxation and/or by borrowing; or take any action relative thereto.

Duly seconded, Mr. Allan R. Finlay offered the following

MOTION: That the sum of $275, 000 be raised and appropriated for the preparation of plans and specifications and for constructing and originally equipping an addition to the Happy Hollow Grade School; that, to meet said appropriation, the sum of $100, 000 be transferred from the Stabilization Fund, $75, 000 be transferred from available funds "Excess and Deficiency", and that the Treasurer, with the appro- val of the Board of Selectmen, be and hereby is authorized and directed to issue notes of the Town aggregating not more than $100, 000 in prin- cipal amount, under the authority of Chapter 645 of the Acts of 1948, as amended, said notes to be issued and sold in accordance with the applicable provisions of Chapter 44 of the General Laws, as amended, and such notes to be payable in not more than one year from the date thereof; provided, however, that any matching Stabilization Fund pay- ments received from the Commonwealth under Section 9 of Chapter 645 of the Acts of 1948, as amended by Chapter 377 of the Acts of 1961, shall be applied to the cost of the project, and that the total authorized borrowing shall be reduced by any such matching Stabilization Fund payments; that the committee originally appointed in accordance with the vote under Article 19 in the Warrant for the Annual Town Meeting held in March 1947 be authorized and directed to enter into all necess- ary contracts and agreements for the architectural and engineering work, construction, equipping, furnishing and site work of said build- ing.

Mr. Finlay, Chairman, then presented the Report of the School Building Committee relating to this Article.

Upon Mr. Finlay's Motion, it was

VOTED: (First two votes gave scattering "No's"); the third vote, a standing, uncounted vote, was unanimously: In favor of the Motion.

Article 35. To see if the Town will vote to re-zone the land on both sides of State Road East and State Road West to a depth of three hundred (300) feet on each side from the Weston-Wayland town line to the Sudbury- Wayland town line, from Single Family Residence and in part Roadside Business, Business B and Limited Commercial to Business A; or take any action relative thereto.

Duly seconded, Mr. L. William Bertelsen offered the following MOTION: That the article be passed over.

Mr. Bertelsen presented the Report of the Planning Board, with the

Recommendations of that Board, in connection with the Article. The Planning Board was not in favor of the proposed re-zoning.

Upon Mr. Bertelsen's Motion, it was

VOTED. In favor.

Article 36. To see if the Town will vote to amend the Zoning By- Laws by deleting Section V, Sub-Section (g) and inserting in place thereof the following:

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Town annual reports of Wayland Massachusetts 1963-1965, Part 18

Author: Wayland (Mass.) Publication date: 1963 Publisher: Printed at the Middlesex Freeman Office Number of Pages: 752

Author: Wayland (Mass.)
Publication date: 1963
Publisher: Printed at the Middlesex Freeman Office
Number of Pages: 752