Town annual reports of Wayland Massachusetts 1963-1965, Part 32

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 32


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Beginning at a point in the Northerly sideline of Bent Avenue fifteen and 93/100 (15. 93) feet, S 49-02-30E of the intersection of the Northerly sideline of Bent Avenue and the extension of the Westerly sideline of Cottage Road, thence


N 34-31-30E, one hundred eighty (180) feet _ by land of the Town of Wayland to Dudley Pond, thence


Northwesterly forty-eight (48) feet + by said pond to other land of the Town of Wayland, thence


S 34-31-30W one hundred ninety-five (195) feet I by land of the Town of Wayland to the Northerly sideline of Bent Avenue, thence


S 49-02-30E forty-two and 00/100 (42. 00) feet along said side- line to the point of beginning;


and that there be appropriated and assessed therefor the sum of $1, 000.


Upon this Motion, the first vote was not unanimous.


COUNTED VOTE: 183 "Yes" votes having been counted, Mr. Francis J. Hartin arose to a point of order; asked for a legal opinion as to a taking for "recreational" purposes, as against a taking for "park'pur- poses, and whether it would require an Act of the Legislature to remove it from such category. After the Meeting had been informed that a tak- ing for "recreational" purposes would not require such action of the Legislature, another


COUNTED VOTE was taken: "Yes" 175 "No" 110 The required 2/3 of this vote being 190, the vote did not carry in favor of this Motion.


Mr. Garret F. Ziffer asked whether it would be within the scope of the Article to vote the acquisition of this property expressly for resale; and the Moderator stated that in his opinion it would not.


Article 20. To see if the Town will vote to transfer from Tax Title Possession to the Town of Wayland, for Recreational purposes, any or all of the following properties:


Lots 108-110 and 113-115 Dudley Lake Shore B, Plate 47C of the Town Atlas;


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or take any action relative thereto.


Upon a Motion of Mr. Odell, duly seconded, it was VOTED: To pass over the Article.


Article 21. To see if the Town will vote to authorize the Board of Selectmen to purchase, take by eminent domain, gift or otherwise, all or part of the parcel of land shown on "Plan of Land in Wayland, Mass. Owned by Russell T. and Elizabeth Kerr, December 28, 1964, Wayland Engineering Department", on file with the Town Clerk; and to raise and appropriate or transfer a sum of money therefor; or take any action relative thereto.


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


VOTED: Unanimously: That the Board of Selectmen, with the appro- val of the Town Counsel, be authorized on behalf of the Town to acquire by purchase, eminent domain, gift or other means, for Water Depart- ment purposes, a parcel of land shown on a plan entitled, "Plan of Land in Wayland, Mass. Owned by Russell T. and Elizabeth Kerr, December 28, 1964, Wayland Engineering Department", bounded and described as follows:


Beginning at a point on the extension of the Southwesterly sideline of Campbell Road 1, 122. 68' from the tangent inter- section of the Southwesterly sideline of Campbell Road and the Southeasterly sideline of Oxbow Road, thence


S 53-23-00E 210. 00' by land of Russell T. and Elizabeth Kerr, being a 50' wide Easement, thence S 69-42-04W 442. 78' by land of the Town of Wayland, thence N 53-23-00W 114. 00' by land of the Town of Wayland, thence N 54-32-37E 415. 23' by land of said Kerr to the point of beginning;


and that there be appropriated and transferred from "Water Available Surplus" therefor, the sum of $5, 000.


Article 22. 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 parcels of land at the intersection of Loker Street and Alden Road, having a total area of about 98, 443. sq. ft. and shown on Plate 48 of the Town Atlas as land now or formerly of Mary Kelley, Lots 13 and 14, and more particularly described on plan entitled "Alden Road Extension" Subdivision of Land in Wayland, Mass. dated May 4, 1962, by MacCarthy Engineering Service, Inc., Recorded in Book 10187, Page 123, Plan 1728 of 1962; and to appropriate and assess a sum of money therefor; or take any action relative thereto.


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


VOTED: That the Board of Selectmen, with the approval of the Town Counsel, be authorized on behalf of the Town to acquire by purchase,


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eminent domain, gift or other means for Recreational purposes, two parcels of land at the intersection of Loker Street and Alden Road, having a total area of about 98, 443 sq. ft. and shown on Plate 48 of the Town Atlas as land now or formerly of Mary Kelly, Lots 13 and 14, and more particularly described on plan entitled "Alden Road Extension - Subdivision of Land in Wayland, Mass., May 4, 1962, MacCarthy En- gineering Service Inc.", recorded in Book 10187, Page 123, Plan 1728 of 1962; and that there be appropriated and assessed therefor the sum of $5,000.


The first two votes gave scattering "No's" and so there was a rising COUNTED VOTE: "Yes" 238 "No" 9


Article 23. To see if the Town will vote to accept as a Public Town Way the following roads:


1. Keith Road from 0 + 0 to the end, as shown on a plan on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass. on Main Street Owned by Einar P. and Joyce L. Robsham" dated September 26, 1962, by Everett M. Brooks & Company, C. E. ;


2, Linn Lane from station 0 + 0 to the end as shown on a plan on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass." dated August 25, 1960, plan revised November 19, 1962, by Everett M. Brooks & Company, C. E .;


3. Wayland Hills Road from Station 0 + 0 to Station 19 + 82. 07 as shown on plans on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass. " dated May 25, 1960, by Everett M. Brooks & Company, C. E. and "Sub- division Plan of Land in Wayland, Mass. " dated August 25, 1960, plan revised November 19, 1962, by Everett M. Brooks & Company, C. E. ;


4. Club House Lane from Station 0 + 0 to the Natick Town line and that portion of Club House Lane shown as "Unnamed Road" on a plan on file with the Town Clerk entitled "Sub- division Plan of Land in Wayland, Mass! dated August 25, 1960, plan revised November 19, 1962, by Everett M. Brooks & Company, C. E. ;


5. Sears Road from Station 42 + 50 to the end as shown on a plan on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass. " dated February 18, 1960, by Everett M. Brooks & Company, C. E .;


or any of them, or portions thereof, as laid out by the Board of Select- men, and to authorize the Board of Selectmen to acquire any necessary land or interests therein by deed, gift, or eminent domain without any appropriation of money for further construction of such roads under the


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Betterment Act; or take any action relative thereto.


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


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


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


VOTED: Unanimously: That the Town accept as public Town ways the following roads:


1. Keith Road from Station 0 + 0 to the end, as shown on a plan on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass. on Main Street Owned by Einar P. and Joyce L. Robsham" dated September 26, 1962, by Everett M. Brooks & Company, C. E. ;


2. Linn Lane from station 0 + 0 to the end as shown on a plan on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass." dated August 25, 1960, plan re- vised November 19, 1962, by Everett M. Brooks & Company, C.E .;


3. Wayland Hills Road from station 0 + 0 to station 19 + 82. 07 as shown on plans on file with the Town Clerk entitled "Sub- division Plan of Land in Wayland, Mass. " dated May 25, 1960, by Everett M. Brooks & Company, C. E. and "Sub- division Plan of Land in Wayland, Mass. " dated August 25, 1960, plan revised November 19, 1962, by Everett M. Brooks & Company, C. E .;


4. Club House Lane from Station 0 + 0 to the Natick Town Line and that portion of Club House Lane shown as "Unnamed Road" on a plan on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass." dated August 25, 1960, plan revised November 19, 1962, by Everett M. Brooks & Company, C.E .;


5. Sears Road from station 42 + 50 to the end as shown on a plan on file with the Town Clerk entitled "Subdivision Plan of Land in Wayland, Mass." dated February 18, 1960, by Everett M. Brooks & Company, C. E .;


as described in the Orders of Laying-out of the Board of Selectmen dated February 19, 1965, and as shown on plans described in the Arti- cle and on file with the Town Clerk; that the Board of Selectmen be authorized to acquire the necessary land, including easements for drain- age, by purchase, gift, eminent domain or otherwise and that the sum of $500 be appropriated and assessed for the acquisition of such land and easements and for other costs in connection therewith, without any appro- priation of money for the construction of said roads under the Betterment Act, or otherwise.


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Article 24. To see if the Town will vote to accept as a Public Town Way and to construct a relocation of a portion of the road known as Oxbow Road beginning at the brook near the intersection of Old Ox- bow Road and Oxbow Road as shown on Plate 3 of the Town Atlas and extending Southerly and Southeasterly for a distance of about 500 feet, 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 and slope, 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 there- of, the construction of such way, and for other costs in connection therewith; or take any action relative thereto.


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


VOTED: That the Town accept the Laying-out, as a public Town way, of the relocation of Oxbow Road as described in the Order of Laying-out of the Board of Selectmen dated February 19, 1965, and as shown on a plan entitled, "Plan of Land in Wayland, Mass. Showing a Proposed Relocation of Oxbow Road", dated January 1965 by the Way- land Engineering Department, on file with the Town Clerk; that the Board of Selectmen be authorized to acquire the necessary land, in- cluding easements for drainage and slope as shown on said plan, by purchase, gift, eminent domain or otherwise; and that there be appro- priated and assessed the sum of $1, 000 for the taking of such land and for other costs in connection therewith.


Upon the first vote, the Moderator was unsure whether it was unan- imous; the second vote was unanimously in favor of the Motion.


Article 25. 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 Glezen Lane as laid out by the Board of Selectmen, (from Station 31 + 50 to station 38 + 0) as shown on a plan on file with the Town Clerk entitled, "Taking Plan of Part of Glezen Lane in Wayland, Mass." dated January 5, 1965, by MacCarthy Engineering Services, Inc., Natick, Mass., Nashoba Sur- vey Co., Inc., Marlborough, Mass. ; to authorize the Board of Select- men to acquire easements for drainage and slope as shown on said plan, 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 construction of said road under the Betterment Act; or take any action relative thereto.


Upon a Motion of Mr. Robert H. Charnock, duly seconded, it was


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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 a Motion of Mr. Charnock, duly seconded, it was


VOTED: Unanimously: That the Town acquire for Highway pur- poses by eminent domain the land for relocation of a portion of the road known as Glezen Lane from station 31 + 50 to station 38 + 0, as shown on a plan on file with the Town Clerk entitled, "Taking Plan of Part of Glezen Lane in Wayland, Mass.", dated January 5, 1965, by MacCarthy Engineering Services Inc., Natick, Mass., Nashoba Sur- vey Co., Inc., Marlborough, Mass., containing approximately 18, 800 sq. ft. and bounded and described as follows:


(Mr. Charnock omitted to read the description, which follows, by unanimous consent of the Meeting; but the Clerk was instructed to include the same in the minutes)


Beginning at a point on the Northerly sideline of Glezen Lane N 11-11-56E 25. 00' from centerline station 31 + 50, thence S 78-48-04E 127. 34', thence


Easterly 169. 37' along a curve to the left having a radius of 150. 00', thence


Northeasterly 43. 57' along a curve to the right having a radius of 308. 01', thence


N 52-45-00E 22. 84', thence


N 48-41-52E 37. 54', thence


Easterly 204. 75' along a curve to the right having a radius of 308. 01', thence


S 86-03-36E 41. 35', thence


S 03-56-24W 50. 00' through station 38 + 00, thence


N 86-03-36W 41. 35', thence


Westerly 258. 64' along a curve to the left having a radius of 258. 01', thence


Westerly 225. 83' along a curve to the right having a radius of 200. 00', thence


N 78-48-04W 127. 34', thence N 11-11-56E 50. 00' through 31 + 50 to the point of beginning;


that the Board of Selectmen be authorized to acquire all necessary land including temporary construction easements and permanent easements for slope and that there be appropriated and assessed therefor the sum of $3, 150 for the acquisition of such land and easements and for other costs in connection therewith.


Article 26. To see if the Town will vote to authorize the Board of Selectmen to convey to R. Shedrick Meek and Sara L. Meek the parcels of land shown as "Parcel A and Parcel B, " totalling approxi-


70


mately 2, 400 square feet, as shown on a plan on file with the Town Clerk and entitled, "Taking Plan of Part of Glezen Lane in Wayland, Mass." dated January 5, 1965, by MacCarthy Engineering Services, Inc., Natick, Mass., Nashoba Survey Co., Inc., Marlborough, Mass .; or take any action relative thereto.


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


VOTED: Unanimously: That the Board of Selectmen, with the approval of the Town Counsel, be authorized to convey for the sum of $1. 00 to R. Shedrick Meek and Sarah L. Meek the parcels of land shown as "Parcel A and Parcel B", totalling approximately 2, 200 square feet, as shown on a plan on file with the Town Clerk and entitled, "Tak- ing Plan of Part of Glezen Lane in Wayland, Mass., January 5, 1965, MacCarthy Engineering Services, Inc., Natick, Mass., Nashoba Sur- vey Co. , Inc. , Marlborough, Mass. ".


In accordance with a previous vote, taken on March 3, 1965, the Meeting returned to Article 1.


Article 1. To hear the reports of the Town Officers, Agents and Committees and act thereon.


Upon a Motion of Loretta B. Greeley (Mrs. Richard S. ) duly secon- ded, it was


VOTED: That the following Resolution be adopted and that the Select- men be requested to transmit an official copy thereof to the President of the United States of America: Be it


RESOLVED:


That the Residents of the Town of Wayland in Town Meet- ing assembled express to the President of the United States their deep concern with the violation of constitu- tional and human rights of American citizens in Selma, Alabama, within the last few days, and urge the Presi- dent to employ the powers of his office, including the moral leadership implicit in that office, to end once and for all, the un-constitutional actions of officials of the City of Selma and State of Alabama and to assure the rights which belong to all citizens.


Mr. George K. Lewis, Chairman, presented the report of the Committee on Replacement of Honor Rolls, and filed a copy of the Report with the Town Clerk.


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


VOTED: To accept the Report as read, and continue the Committee in office, to report to a later Town Meeting.


Dr. Alexander S. Macmillan, Jr., Chairman, presented the Re- port of the Mill Pond Skating Committee, and filed a copy of the Report


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with the Town Clerk.


Upon a Motion of Dr. Macmillan, duly seconded, it was


VOTED: To accept the Report and to continue the Committee in office for another year.


Mr. William C. Moyer, Chairman, presented the Report of the Committee Opposing Overhead High Tension Lines, and filed a copy of the Report with the Town Clerk.


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


VOTED: To accept the Report and to continue the Committee for another year, and to instruct it to report to the next Annual Town Meet- ing.


Mr. Theodore R. Magoun pointed out that the Report of the Re- creational Advisory Committee would be found in the Town Report.


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


VOTED: To accept the report of the Recreational Advisory Com- mittee and to continue the Committee for another year.


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


VOTED: To accept the Reports of all Committees contained in the Annual Town Report.


Upon a Motion of Mr. John B. Gregory, duly seconded, it was


VOTED: That the Moderator appoint a Committee to Study Methods of Insect, Vegetation Control, and the use of synthetic detergents with particular attention to long-term effects on health, contamination of the water supply and stream pollution, and to report back to the Town on or before the next Annual Town Meeting; the committee to consist of the Superintendent of the Cemetery, Tree & Moth Departments, one member each from the Board of Health, the Water Commissioners and the Con- servation Commission to be selected by their respective boards and three members-at-large to be named by the Moderator.


Upon a Motion of Mr. Magoun, duly seconded, it was VOTED: That the Committee to Study Voting Machines and Voting Precincts be continued for another year.


Mr. George K. Lewis started to report for the Historical District Study Committee, but was persuaded to postpone the remainder of the report until Article 36, which related to his Report.


Mr. Laurence S. Fordham summarized the Report of the Committee to Study the Chapter 90 Road Program, pointing out that copies of the full report were available at the door, and on the Moderator's platform; a copy of the Report was also filed with the Town Clerk.


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


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VOTED: That the Report be accepted and the Committee dis- charged.


Article 2. To choose all necessary Town Officers, Agents and Committees not elected by the official ballot.


Upon a Motion of Mr. Magoun, duly seconded, it was VOTED: That the Trustees of the Allen Fund be:


John Bryant Benjamin W. Johnson III George W. Shepard


who shall continue to serve as Trustees of that Fund;


That the Selectmen act as Fence Viewers; That the Constables act as Field Drivers;


That the following persons shall serve as Measurers of Wood and Bark:


Arnold A. Benware Thomas F. Linnehan Arthur F. Marston


Surveyors of Lumber: Thomas F. Linnehan Arthur F. Marston


and that the Memorial Day Committee be appointed by the Moderator in accordance with the vote made at the 1958 Annual Town Meeting.


Article 27. To see if the Town will vote to authorize and direct the Board of Selectmen to work with concerned Town Boards, Repre- sentatives in the General Court, the Selectmen of Sudbury and Weston, the Boston Regional Planning Project and the Metropolitan Area Plan- ning Council, for the purpose of promoting construction of the Route 20 By-Pass by the Massachusetts Department of Public Works, and to report to the next Annual Town Meeting; or take any action relative thereto.


Upon a Motion of Mr. L. William Bertelsen, duly seconded, it was VOTED: That the Board of Selectmen be authorized and directed to work with the appropriate Town Boards, Representatives in the General Court, the Selectmen of Sudbury and Weston, the Boston Region- al Planning Project, and the Metropolitan Area Planning Council, for the purpose of promoting construction of the Route 20 By-Pass by the Massachusetts Department of Public Works, and that they report back at the next Annual Town Meeting.


Article 28. To see whether the Town will vote to transfer from


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the jurisdiction of the Park Board to the jurisdiction of the Cemetery Commissioners for cemetery use; and authorize to be used for cemetery purposes, a portion of the Cochituate Beach premises, as described on "Plan of Land in Wayland, Mass. Off Commonwealth Road Showing Pro- posed Transfer of Town Land From Park Department to Cemetery De- partment dated November 20, 1963, Everett M. Brooks Co., Civil Eng- ineers, " containing about 51, 802 sq. ft. ; or take any action relative thereto.


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


VOTED: That the Town transfer from the jurisdiction of the Park Board to the jurisdiction of the Cemetery Commissioners, for cemetery use, a parcel of land described on plan entitled, "Plan of Land in Way- land, Mass. Off Commonwealth Road Showing Proposed Transfer of Town Land from Park Department to Cemetery Department dated Nov- ember 20, 1963, Everett M. Brooks Co., Civil Engineers, " containing about 51, 802 square feet and more particularly described as follows:


Beginning at the Southeasterly Corner of the premises at a stone bound at land of the Town of Wayland known as Lakeview Cemetery, thence


(Mr. Odell omitted to read the rest of the descrip- tion, given below, by unanimous consent of the Meeting).


S 75-29-50W three hundred eighty-two and 28/100 (382. 28) feet along said Cemetery Land to a stone bound at land of the Town of Wayland Park Department, thence


N 0-56-31E ninety and 00/100 (90. 00) feet along said Park Department Land, thence


N 65-08-37E four hundred seventy and 51/100 (470. 51) feet to a stone bound at land of the Town of Wayland, Lakeview Cemetery, thence


S 16-55-09W one hundred and 56/100 (100. 56) feet along said Cemetery Land to a stone bound, thence


S 16-51-39W one hundred and 13/100 (100. 13) feet along said Cemetery Land to the stone bound and point of beginning;


and that the use of said parcel of land for cemetery purposes is here- by approved.


The first vote was declared in doubt by the Moderator. The second vote was declared in favor but was questioned, so there was a rising COUNTED VOTE: "Yes" 128 "No" 121


Article 29. To see if the Town will vote to authorize the Board of Selectmen to sell and convey to the Wayland Historical Society the parcel of Town land known as the old Town Hall site, bounded North-


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erly by the Boston and Maine Railroad, Westerly by Cochituate Road, and Southerly and Easterly by land formerly of William R. and Aline Davis Hulbert, as shown on "Plan of Land Owned by the Town of Way- land Compiled from Deeds, January 1965, Wayland Engineering De- partment"; or take any action relative thereto.


Upon a Motion of Mr. Frank W. Kilburn, duly seconded, it was VOTED: Unanimously: That the Selectmen, with the approval of the Town Counsel, be and hereby are authorized upon receipt of one hundred dollars from the Wayland Historical Society to convey by quit- claim deed to said Wayland Historical Society the parcel of Town land known as the Old Town Hall Site, and bounded: Northerly by the Boston & Maine Railroad, Westerly by Cochituate Road, and Southerly and Easterly by land formerly of William R. and Aline Davis Hulbert, as shown on "Plan of Land Owned by the Town of Wayland Compiled from Deeds, January 1965, Wayland Engineering Department" subject to a provision that if the said Society fails to use the property for the pur- poses for which the organization was established the land revert to the Town; provided that the Society shall be entitled to mortgage said pro- perty to secure loans to the Society for maintenance, improvements or additions to the building, to any corporate lender organized under State or Federal law, such as savings bank or Savings and Loan Associ- ation, the terms of the mortgage to include registered mail notice to the Town by the mortgagee in case of proceedings to foreclose for any default of the terms of any such mortgage, and such notice to be given to the Selectmen of the Town by the mortgagee of the time and place of any proposed foreclosure sale (and the terms of any such mortgage to be approved by the Town Counsel), the purchase at such sale to get title only if such notice has been duly given to the Board of Selectmen,


Article 30. To see if the Town will vote that the license of the Dudley Chateau Club, Inc. to sell alcoholic beverages should not be renewed by the Board of Selectmen, or should be renewed only upon such terms and subject to such conditions as will assure (1) that the Dudley Chateau Club, Inc. is operated as a non-profit organization in accordance with the requirements of law, (2) that there is no change of use, or increase in capacity in conformity with zoning regulations applicable to non-conforming use, and (3) that there is no greater ac- tivity at the club, and no greater interference with residential uses in the area, under the present management than there was under the former management; or take any action relative thereto.




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