USA > Massachusetts > Middlesex County > Waltham > Town annual reports of Wayland Massachusetts 1963-1965 > Part 19
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"(g) Sanitariums or Hospitals, not for the insane or feeble- minded, or Nursing Homes for the care of the sick or aged, or Funeral Homes, provided a special permit is granted by the Board of Appeals in accordance with procedure provided in Sub-Section (r) and only under such conditions as the Board of Appeals may impose, and provided that no building be within thirty (30) feet of any lot line, "
or take any action relative thereto.
Duly seconded, Mr. Charles W. Brennan offered the following MOTION: That the Town amend the Zoning By-Laws by deleting Section V, Sub-Section (g) and inserting in place thereof the following;
(g) Sanitariums or Hospitals, not for the insane or feeble- minded, or Nursing Homes for the care of the sick or aged, or Funeral Homes, provided a special permit is granted by the Board of Appeals in accordance with procedure pro- vided in Sub-Section (r) and only under such conditions as the Board of Appeals may impose, and provided that no building be within thirty (30) feet of any lot line.
Mr. Bertelsen presented the Report of the Planning Board with Rec- ommendations of that Board in relation to this Article. The Planning Board recommended that the Motion be defeated, as being not in the long range best interests of the residential character of the Town.
An amendment proposed by Mr. Garret F. Ziffer, "To limit such By-Law to the personal convenience of Mr. John Bryant" was ruled out of order by the Moderator, since the General Laws require uniform- ity of application in any By-Law.
A proposal of a "Sense of the Meeting" Motion, to assist and guide the Zoning Board, in this connection, was also ruled out of order, as not coming within the scope of the Article.
Upon a Motion of Mr. Frank A. Smith, duly seconded: "The
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Previous Question", it was
VOTED. In favor.
Upon the Main Motion, it was
VOTED: The first vote was declared in the Negative; was challeng- ed by seven (7) voters; and so there was a
COUNTED VOTE: " Yes" 251 "NO" 175
The required 2/3 of this total being 284, the vote was declared not to have carried.
Before Article 36 had been disposed of, a Motion, duly seconded, : to adjourn the Meeting, was
VOTED: In the negative.
After Article 36 had been disposed of, and upon a Motion, duly seconded, of Mr. McEnroy: To adjourn to Wednesday Evening at 7:45; it was
VOTED: In the negative.
Article 37. To see if the Town will vote to amend the Town Zon- ing By-Laws by deleting Sub-Section (b) of Section V and inserting thereof the following:
" The Office or studio of a physician, surgeon, dentist, architect, teacher, artist, musician, engineer, lawyer, or member of any other recognized profession, or real estate broker, or insurance agent, residing on the premises, pro- vided that site plan approval under Section XA is obtained and that not more than three persons are regularly engaged in the activity, and provided there is no display of advertis- ing except for a small professional name-plate";
or take any action relative thereto.
Duly seconded, Mr. Bertelsen offered the following
MOTION: That Section V (b) of the Zoning By-Laws be deleted and a new Section V (b) be added as follows:
" The office of a doctor, dentist or other member of a recognized profession, a teacher or musician or real estate or insurance agent residing on the premises, pro- vided that site plan approval under Section XA is obtained
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and that not more than three persons are regularly en- gaged in the activity and provided there is no display of advertising except for a small professional name-plate".
Mr. Bertelsen presented the Report of the Planning Board with Recommendations of that Board, in relation to this Article. The Planning Board recommended approval of the Motion, which did not propose to change the uses permitted, but rather to limit the defini- tions of limitation in regard to the number of persons involved in such activities.
During the discussion under this Motion, a
MOTION: To reconsider Article 36, was ruled out of order, since a Motion was before the Meeting at this time.
Upon a Motion of Mr. Clifford A. Goodnoh, duly seconded, "The Previous Question" it was
VOTED: Unanimously: In favor.
Upon the Main Motion, it was VOTED: The Vote was not unanimous; and so there was a COUNTED VOTE:
"Yes" 194 "NO" 102
The required 2/3 vote was declared NOT to have carried.
Article 38. To see whether the Town will vote to amend Sub- Section (a) of Section XA of the Zoning By-Laws by inserting the words "Single Residence" after the phrase "In a" at the beginning of the first sentence thereof; or take any action relative thereto.
Upon a Motion of Mr. Bertelsen, duly seconded, it was VOTED: Unanimously: To pass over the Article.
Article 39. To see if the Town will vote to amend the Town By- Laws by adding a provision to require all dogs located within the Town of Wayland to be confined and/ or on a leash, and not permitted to roam during the period from March 1 to November 1 of each and every year; or take any action relative thereto.
Upon a Motion of Mr. Wells, duly seconded, it was VOTED. To pass over the Article.
Article 40. To see if the Town will vote to amend its traffic rules and regulations to include a provision to the effect that all bicycle
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tra ffic within the Town at all times shall be limited to the right hand side of the road; or take any action relative thereto.
Upon a Motion of Mr. Charles R. Thomas, duly seconded, "That the traffic rules and regulations of the Town be hereby amended by inserting a new section as follows:
"Article X -- Bicycles
Section 1. All bicycle traffic within the Town at all times shall be limited to the right hand side of the road, " it was
VOTED. In the negative.
Article 41. To see if the Town will vote to amend Section 17 of its Building Code by deleting the present section and inserting in place thereof the following:
"Section 17. - Every floor resting directly on the ground below curb level shall be constructed of portland cement concrete not less than three inches thick laid on not less than four inches of sand or gravel, or constructed in some other approved manner to guard against dampness from below such floor, ";
or take any action relative thereto.
Upon a Motion of Mr. Francis A. Fisher, duly seconded, it was VOTED. Unanimously: That the Building Code be amended by de- leting Section 17 and inserting in place thereof the following:
"Section 17. Every floor resting directly on the ground below curb level shall be constructed of portland cement concrete, not less than three inches thick laid on not less than four inches of sand or gravel, or constructed in some other approved manner to guard against dampness from below such floor. "
Article 42. To see what sum, if any, the Town will vote to trans- fer from available funds to meet any of the appropriations made under the foregoing articles.
Upon a Motion of Mr. Morgan, duly seconded, it was
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VOTED. Unanimously: That the article be passed over.
Upon a Motion, duly seconded, at 11:50 P. M., it was VOTED. Unanimously: To adjourn the Meeting.
A True Copy.
Attest:
LEILA SEARS Town Clerk of Wayland
VOTES ENACTED AT THE SPECIAL TOWN MEETING
HELD: WEDNESDAY, Nov. 18, 1964
Town Clerk's Office Wayland, Massachusetts
Roger P. Stokey, Moderator: -
Pursuant to the Warrant dated October 19, 1964, signed by George K. Lewis, Frank S. Tarr and Thomas F. Linnehan, Selectmen, served and return of service given by Ernest H. Damon, Constable of the Town, 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 that a quorum was not present and immediately ad- journed the meeting for ten minutes. At 7:55 P. M. the Moderator again called the meeting to order, declared a quorum to be present and the meeting proceeded to transact the following business:
By unanimous consent of the meeting the Moderator omitted to read the text of the respective Articles, instead giving a brief summary of each as it was taken up.
Article 1 .: To see if the Town will vote to appropriate and transfer from Available Funds or from Appropriation Balances a sum or sums of money for the operation and expenses of any or all of the following departments:
General Government:
Wayland Town Building -- Maintenance
Cochituate Town Building -- Sprinkler System
Election Officers -- Salaries
Election Expense
Planning Board -- Engineering -- Existing Town Roads
Welfare: Disability Assistance -- Appropriation
Recreation:
Millbrook Pond -- Lighting and Snow Removal
Highway:
Garage Addition and Plans
Interest:
Anticipation Revenue Loan
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Water: Maintenance
or take any action relative thereto.
Upon a Motion of Mr. Robert M. Morgan, duly seconded, it was
VOTED. That there be appropriated for the operation and expenses of the following departments the respective amounts as shown, that the sum of $2, 225. scheduled under Millbrook Pond - Lighting and Snow Removal, under the direction and control of the Park Department, $2, 000. be expended by the special Millbrook Pond Committee appoint- ed by the Moderator pursuant to the vote at the Annual Town Meeting in March of 1963, and that to meet the appropriations the sum of $23, 859. 31 be transferred from available funds "Excess & Deficiency", and the sum of $4, 000. be transferred from " Water - Available Surplus", together totalling $27, 859. 31.
General Government:
Wayland Town Building -- Maintenance $1,000. 00
Cochituate Town Building -- Sprinkler System 600. 00
Election Officers -- Salaries 725. 00 Election Expense 100. 00
Planning Board -- Engineer ing -- Existing Town
Roads 2, 600. 00
Welfare:
Disability Assistance - Appropriation 3,500. 00
Recreation:
Millbrook Pond- Lighting and Snow Removal 2,225. 00
Highway:
Garage Addition and Plans 11,816. 01
Interest:
Anticipation Revenue Loan 1,293. 30
Water:
Maintenance 4,000.00
Article 2. To see if the Town will vote to raise and appropriate a sum of money for the construction of a new well and well house off Oxbow Road, and purchase and installation of pumping equipment and appurtenances, and engineering, in connection therewith, and to de- termine whether the money shall be provided for by appropriation from available funds, by taxation, and/or borrowing;
or take any action relative thereto.
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Upon a Motion of Mr. Roger E. Ela, duly seconded, it was VOTED: Unanimously: That the Town appropriate the sum of $50, 000 for the construction of a new well and well house off Oxbow Road, for the purchase and installation of pumping equipment and appurtenances, and for engineering in connection therewith, the work to be carried out under the supervision of the Water Commissioners with the approval of the Selectmen, and that the sum appropriated therefor be transferred from Available Funds, "Water - Available Surplus".
Article 3. To see if the Town will vote to acquire by purchase, gift, eminent domain or otherwise, for highway purposes, land for the relocation of a portion of the road known as Rice Road, as laid out by the Board of Selectmen, between Station 122 + 00 to Old Connect- icut Path, 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 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 appro- priation of money for construction of said road under the Betterment Act or otherwise; or take any action relative thereto.
Duly seconded, Mr. Francis A. Fisher offered the following
MOTION: That the Town vote to acquire for Highway purposes by eminent domain the land from Station 122 + 00 to Old Connecticut Path, shown on a plan 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. and bounded and described as follows:
Beginning at a point on the Southerly sideline of Old Connecticut Path 210. 95 feet Westerly along a curve to the right of radius 897. 30 feet of a concrete monument on the Southerly side of Old Connecticut Path, thence
Southwesterly on a curve to the left with a radius of 49. 26 feet a distance of sixty-eight and 04/100 (68. 04) feet, thenc S 05 41 55 E one hundred fourteen and 68/100 (114. 68) feet, thence
Southeasterly along a curve to the left with a radius of 404. 02 feet a distance of two hundred forty-eight and 93/100 (248. 93) feet, thence
S 41 00 00 E one hundred forty-two and 36/100 (142. 36) feet, thence
N 49 00 00 W fifty (50. 00) feet through centerline station 122 + 00, thence
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N 41 00 00 W one hundred forty-two and 36/100 (142. 36) feet, thence
Northerly on a curve to the right with a radius of 454. 02
feet a distance of two hundred seventy-nine and 74/100 (279. 74) feet, thence
N 05 41 55 W ninety- seven (97. 00) feet, thence
Northwesterly on a curve to the left with a radius of 50. 00 feet a distance of seventy-eight and 54/100 (78. 54) feet, thence
S 84 18 05 W twenty-nine (29. 00) feet to a Middlesex County "T" bound, thence
Easterly on a curve to the left with a radius of 897. 30 feet a distance of one hundred seventy (170. 00) feet to the point of beginning;
and that there be raised and appropriated the sum of $500. 00 for the acquisition of such land.
The Moderator ruled OUT OF ORDER a Motion of Sonia T. Arsove (Mrs. Melvin W. Arsove), proposing that easements also be pro- vided for a bicycle path and walk-way, because the wording did not come within that of the Article: As the Town Counsel indicated, in concurring with the Moderator, because this Article (#3) dealt only with land takings, without reference to specifications, Mrs. Arsove's Motion would be more appropriate at such later time as the specifica- tions and order (s) of laying-out for this location might come before the Town. The proposal could be construed as coming within "high- way purposes".
Upon Mr. Fisher's Motion, it was VOTED. Unanimously: In favor.
Article 4. 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 Wayland High 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 $625, 000 be appropriated for construct- ing, originally equipping and furnishing an addition to the Senior High School and for alterations to the existing school, that to meet this appropriation the sum of $225, 000 be transferred from available funds "Excess and Deficiency, " of which amount not more than $25, 000 is to be used for alterations and equipment in the existing building not
73
included in the cost of the addition, that the Treasurer with the approv- al of the Selectmen is authorized to issue $400, 000 bonds or notes of the Town under Chapter 645 of the Acts of 1948 as amended, payable within twenty years from their dates, 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 shall take all action necessary to carry out the project, and that the $400, 000 to be raised by borrowing shall be expended only for constructing, originally equip- ping and furnishing the addition.
Mr. Finlay then read the Report of the Wayland School Building Committee relating to this Article.
Upon Mr. Finlay's Motion, the first two votes gave scattering " No's"; and so there was a standing
COUNTED VOTE: " Yes" 252 11 No" 15
The required 2/3 vote was declared to have carried in favor of the Motion.
Article 5. To see if the Town will vote to amend the By-Laws of the Town of Wayland by inserting as Section 6 under Article 6 - Police Regulations - the following:
Section 6. No person other than an officer of the law acting in the performance of his legal duty shall enter upon the premises of any person with the intention of peeping into a dwelling or spy- ing upon any person therein, and each offense shall be punishable by a fine not to exceed $20. 00.
or take any action relative thereto.
Duly seconded, Mr. Herbert Odell, Jr. offered the following MOTION: That the Town By-Laws be amended by inserting under Article 6 - Police Regulations - a new section to read as follows:
Section 6. No person other than an officer of the law acting in the performance of his legal duty shall enter upon the premises of any person with the intention of peeping into a dwelling or spying upon any person therein, and each offense shall be punish- able by a fine not to exceed $20. 00.
Upon a Motion, duly seconded: To delete "other than an officer of the law acting in the performance of his legal duty" from the proposed By-Law, it was
VOTED: In the Negative.
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Upon a Motion of Mr. Henry G. Pearson, duly seconded, it was VOTED: To delete the words, "Other than an officer of the law acting in the performance of his legal duty" and to add at the end of the proposed By-Law, "Nothing in this section shall be construed to limit a police officer in the performing of his legal duties. "
Upon the Main Motion of Mr. Odell, as amended, it was VOTED: Unanimously: In favor.
Article 6. To see if the Town will vote to amend the Zoning By-Laws by striking out Paragraph (c) of Section V and inserting in its place a new Paragraph (c) of Section V as follows:
"Customary home occupation such as dressmaking, millinery, the letting of rooms, the sale of antiques, all conducted by resident owner only, provided there is no display or advertising visible from outside except for an announcement card or sign of not more than two square feet area, and provided that a permit is obtained from the Board of Appeals in accordance with Sec- tion V (r). " "No dwelling so used shall be reconstructed or en- larged for such purposes unless specifically permitted under provisions of Paragraph (r)"; or take any action relative thereto.
Duly seconded, Mr. Robert H. Charnock offered the following MOTION: That the Town Zoning By-Laws be amended by striking out Paragraph (c) of Section V and inserting in its place a new Para- graph (c) of Section V as follows:
"Customary home occupation such as dressmaking, millinery, the letting of rooms, the sale of antiques, all conducted by resident owner only, provided there is no display or advertising visible from outside except for an announcement card or sign of not more than two square feet area, and provided that a permit is obtained from the Board of Appeals in accordance with Section V (r). No dwelling so used shall be reconstructed or enlarged for such purposes unless specifically permitted under provisions of paragraph (r). "
Mr. Charnock then read the Report of the Planning Board in connec- tion with this Article.
Upon Mr. Charnock's Motion, it was
VOTED: Unanimously: In favor.
Article 7. To see if the Town will vote to amend the Zoning By-Laws by adding under Section V, Sub-Section (m 1. ) as follows:
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(m 1. ) Unless authorized by the Board of Selectmen, not more than one unregistered and ungaraged motor vehicle shall be placed or permitted to remain on any lot in a single residence district, and no unregistered and unsightly motor vehicle shall be placed or permitted to remain in the front yard of any such lot. Any person so placing a motor vehicle and, if placed or allowed to remain with his or her knowledge or consent, the owner or owners of the motor vehicle and of the lot, shall each be punishable by a fine of not more than Twenty Dollars for each offense;
or take any action relative thereto.
Duly seconded, Mr. Charnock offered the following
MOTION: That the Zoning By-Laws be amended by adding under Section V, Sub-Section (m l. ) as follows:
(m l. ) Unless authorized by the Board of Selectmen, not more than one unregistered and ungaraged motor vehicle shall be placed or permitted to remain on any lot in a single residence district, and no unregistered and unsightly motor vehicle shall be placed or permitted to remain in the front yard of any such lot. Any person so placing a motor vehicle and, if placed or allowed to remain with his or her knowledge or consent, the owner or owners of the motor vehicle and of the lot, shall each be punishable by a fine of not more than Twenty Dollars for each offense.
Mr. Charnock then read the Report of the Planning Board in connec- tion with this Article.
Upon Mr. Charnock's Motion, it was
VOTED.
First Vote gave a scattering of "No's" Second Vote gave a single "No" Third Vote was unanimously in favor of the Motion.
Article 8. To see if the Town will vote to amend the Zoning By- Laws by striking out Paragraph 2. a) 6) of Section VI thereof and inserting a new Paragraph 2. a) 6) of Section VI as follows:
Automotive Sales and Service; Automobile sales, outdoor automobile sales display; service stations; repair and storage garages, provided that washing, lubricating and major repair- ing of motor vehicles are performed inside of enclosed buildings and that all dispensing of fuels, lubricants, and fluids is done entirely on the property of the station or garage; parking lot for passenger automobiles; provided that a permit is obtained from the Board of Appeals in accordance with Section V(r). Auto dismantling and junk operations are expressly prohibited;
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or take any action relative thereto.
Duly seconded, Mr. L. William Bertelsen offered the following MOTION: That the Zoning By-Laws be amended by striking out Paragraph 2. a) 6) of Section VI thereof and inserting a new Paragraph 2. a) 6) of Section VI as follows:
Automotive Sales and Service; Automobile Sales, outdoor automobile sales display; service stations; repair and storage garages, provided that washing, lubricating and major repairing of motor vehicles are performed inside of enclosed buildings and that all dispensing of fuels, lubricants, and fluids is done entirely on the property of the station or garage; parking lot for passenger automobiles; provided that a permit is obtained from the Board of Appeals in accordance with Section V (r). Auto dismantling and junk operations are expressly prohibited.
Mr. Bertelsen then read the Report of the Planning Board in connec- tion with this Article.
Upon Mr. Bertelsen's Motion, it was
VOTED.
First two votes gave scattering "No's"; so there was a standing
COUNTED VOTE: "Yes" 222 "No" 27
The required 2/3 vote was declared to have carried in favor of the Motion.
Article 9. To see if the Town will vote to acquire by purchase, gift, eminent domain, or otherwise, a turnaround easement with a radius of forty-five (45) feet at the northeast end of Autumn Lane, being on Lots No. 6 and No. 8 as shown on plan entitled " Plan of Land in Wayland, Mass. " dated August 9, 1956, owned and developed by Ralph Olsen, by Everett M. Brooks Co., Civil Engineers, and record- ed with Middlesex South District Registry of Deeds as Plan No. 84 of 1957 in Book 8895, Page 112 and in the South Registry District of Middlesex County in Book 584, Page 194, Certificate No. 90944; or take any action relative thereto.
Upon a Motion of Mr. Frank W. Kilburn, duly seconded, it was
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 turnaround easement with a radius of forty-five (45) feet at the northeast end of Autumn Lane, being on Lots No. 6 and #8 as shown on plan entitled "Plan of Land in Wayland, Mass.", dated August 9, 1956, Owned and Developed by Ralph Olsen, by Everett M. Brooks Co., Civil Engineers, and recorded with
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Middlesex South District Registry of Deeds as Plan #84 of 1957 in Book 8895, Page 112 and in the South Registry District of Middlesex County in Book 584, Page 194, Certificate #90944; and that there be appropriated and transferred from Available Surplus (Excess & De- ficiency) therefor, the sum of one dollar.
Article 10. To see if the Town will vote to abandon any turnaround easements it may have outside the street lines of Glezen Lane and Autumn Lane on Lots No. 3 and No. 4, which lots are shown on a "Plan of Land in Wayland, Mass. , " dated August 9, 1956 owned and developed by Ralph Olsen by Everett M. Brooks Co., Civil Engineers, and re- corded with Middlesex South District Registry of Deeds as Plan No. 84 of 1957 in Book 8895, Page 112 and in the South Registry District of Middlesex County in Book 584, Page 194, Certificate No. 90944; or take any action relative thereto.
Upon a Motion of Mr. Kilburn, duly seconded, it was
VOTED: Unanimously: That the Town abandon any turnaround ease- ments it may have outside the street lines of Glezen Lane and Autumn Lane on Lots #3 and #4, which lots are shown on a "Plan of Land in Wayland, Mass., dated August 9, 1956 owned and developed by Ralph Olsen" by Everett M. Brooks Co., Civil Engineers, and recorded with Middlesex South District Registry of Deeds as Plan #84 of 1957 in Book 8895, Page 112 and in the South Registry District of Middlesex County in Book 584, Page 194, Certificate #90944.
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