USA > Massachusetts > Middlesex County > Waltham > Town annual reports of Wayland Massachusetts 1963-1965 > Part 33
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Upon a Motion of Mr. Hanns J. Wetzstein, duly seconded, it was VOTED: That it is the sense of this meeting 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
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of use, or increase in capacity in conformity with zoning regulations applicable to non-conforming use, and (3) that there is no greater activity at the club, and no greater interference with residential uses in the area, under the present management than there has been under the former management.
The first vote having been declared in favor of the Motion, was doubted; upon a rising, uncounted vote, the declaration in favor of the motion was unchallenged.
Article 31. To see if the Town will vote that the Board of Select- men should investigate and determine whether the Dudley Chateau Club Inc. is operating in conformity with applicable liquor and other laws and revoke the club's license if it is not doing so; or take any action relative thereto.
Upon a Motion of Mr. Morgan, duly seconded, it was VOTED: To pass over the Article.
Article 32. To see whether the Town will vote to transfer juris- diction over the parcel of land on Rice Road shown on Plate 45 of the Town Atlas as Town of Wayland -- Auxiliary Reservoir -- , and more particularly described on "Plan of Land in Wayland, Mass., Snake Brook Conservation Area, Compiled from Plans and Deeds, January 15, 1965, by Wayland Engineering Department", and all rights of way relating thereto, from the Water Commissioners to the Conservation Commission; or take any action relative thereto.
Upon a Motion of Mr. Allen H. Morgan, duly seconded, it was VOTED: That the Town transfer from the jurisdiction of the Water Commissioners to the jurisdiction of the Conservation Commission, the parcel of Town-owned land on Rice Road shown on Plate 45 of the Town Atlas as Town of Wayland -- Auxiliary Reservoir -- , and more par- ticularly described on "Plan of Land in Wayland, Mass., Snake Brook Conservation Area, Compiled from Plans and Deeds, January 15, 1965, by Wayland Engineering Department" and bounded and described as follows:
(By unanimous consent of the Meeting, Mr. Morgan omitted to read the following description of the land, but the Clerk was instructed to include it in the minutes):
Beginning at the Northeasterly corner of the premises on the Westerly sideline of Rice Road at land of Dorothy Draper Hamlen, thence Southerly along the Westerly sideline of Rice Road, 590 feet to land of Zalman and Helen Davlin, thence along said Davlin land
S 33-15W 330. 54' to a bolt in a ledge, thence
S 42-15W 380. 0' to an iron pipe, thence
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S 13-50E 120. 5' to an iron pipe, thence along said Davlin land and land of Stanley F. & Helen C. Wojtasik, S 28-20W 291. 10' to a bolt in ledge, thence along said Wojtasik land and land of Dominic & Doris Ferrante, thence along a curve to the right with a radius of 378. 90' a distance of 112. 68', thence along said Ferrante land and land of Joseph & Dorothy Hanelin
N 83-45W 90. 96' to a stone bound, thence along said Hanelin land
N 13W 157. 39' to a stone bound, thence along said Hanelin land and other land of Zalman and Helen Davelin N 37E, 229. 55' to a stone bound, thence along said Davlin land N 12W, 215. 69' to a stone bound at land of Harold M. & Ida S. Wilkoff, thence along said Wilkoff land and land of Barbara Black Courtiss
N 28-10E 216. 50', thence along said Courtiss land
N 5W 63. 80', thence along said Courtiss land
N 7W 148. 00' to a stone bound, thence along said Courtiss land
N 12E 134. 50' to a stone bound, thence along said Courtiss land, land of Francis and Carmina H. Morse and land of Douglas H. & Margaret Bean
N 24-50W 340. 0' to a stone bound thence along land of said Bean, land of Kenneth A. & Elizabeth M. Moon, and land of the Sudbury Valley Trustees
N 5W, 461. 0' to a stone wall at land of Dorothy Draper Hamlen, thence along said Hamlen land Southeasterly 425' thence again Southeasterly along said Hamlen land 140', thence along said Hamlen land
S 10E, 100', thence along said Hamlen land and land of Frederick S. Whiteside
S 14E 74', thence
S 17-30E, 352', thence
S 72-20E, 105' + thence
N 12-15E, 388' to a bolt in ledge, thence
N 64E, 250' to a stone bound at land of Dorothy Draper Hamlen, the last four courses being bounded by land of said Whiteside, thence
S 71E, 260' by land of said Hamlen to the Westerly side- line of Rice Road and the point of beginning.
said land containing 18. 7+ acres.
Meaning to transfer all that land described in deeds recorded in book 1497, page 3 and book 1493, page 134.
together with all rights of way relating thereto.
Article 33. To see if the Town will vote to authorize the
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Conservation Commission to expend a sum of money from the Conser- vation Fund under Clause 51 of Section 5 of Chapter 40 of the Massa- chusetts General Laws for the purchase of a parcel of land having an area of about 1. 29 acres now or formerly owned by Ronald S. Campbell on the easterly side of Mitchell Street and adjacent to land of the Town, formerly of Picard, as shown on "Compiled Plan of Land in Wayland, Mass. Owned by Ronald S. Campbell dated December 24, 1964" by Wayland Engineering Department; or take any action relative thereto.
Upon a Motion of Mr. A. H. Morgan, duly seconded, it was VOTED: That the Conservation Commission be authorized to acquire by purchase under Clause 51 of Section 5 of Chapter 40 of the Massachusetts General Laws the parcel of land having an area of about 1. 29 acres now or formerly owned by Ronald S. Campbell on the easterly side of Mitchell Street and adjacent to land of the Town, for- merly of Picard, as shown on plan entitled, "Compiled Plan of Land in Wayland, Mass. Owned by Ronald S. Campbell dated December 24, 1964, Wayland Engineering Department", bounded and described as follows:
Beginning at a point on the Easterly sideline of Mitchell Street 243' Northerly of the intersection of the Easterly sideline of Mitchell Street and the Northerly sideline of King Street, thence
(By unanimous consent of the Meeting, Mr. Morgan omitted to read the rest of the detailed description, but the Clerk was instructed to include them in the minutes of the Meeting).
Easterly 252' + along other land of Ronald S. Campbell to land of John P. & Virginia T. Clark, thence
Northerly 374' + along land of said Clark, Leo F. Grady, and Alice J. McMillen to land belonging to the Town of Wayland, thence
Northwesterly 33' + by land of the Town of Wayland to land belonging to the Roman Catholic Archbishop of Boston, being St. Zephrin's Cemetery, thence
Southerly 35' + by land of said cemetery, thence
Westerly 65' + by land of said cemetery to the Easterly sideline of Mitchell Street, thence
Southerly 293 + by the Easterly sideline of said Mitchell Street to the point of beginning;
and that there be appropriated therefor and transferred from the Conservation Fund the sum of $2, 500.
The first vote upon Mr. Morgan's Motion gave a scattering "No" The second vote was unanimous in favor of the Motion.
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Article 34. To see if the Town will vote to amend the Zoning Bylaws by inserting after Section XB a new Section XC, as follows:
Wetland Conservancy Regulations. Section XC
(a) The purpose of this section is to promote the health, safety, convenience and welfare of the inhabitants of the Town, and specifically to pre- serve the ground water table upon which the Town depends for water supply, to control the flow from water sources and brooks and streams which are tributary to water courses within the Flood Plain District, to protect against pollution, to inform and counsel the inhabitants with respect to lands which are, because of water conditions, not suit- able for building, leaching or other uses, to pre- serve open spaces, and preserve and increase the amenities of the Town. In a Conservancy Area any use otherwise permitted by this Bylaw shall be per- mitted except that (i) no building or structure shall be erected, constructed, placed, altered, enlarged or extended, and no dumping or excavating shall be done in a Conservancy Area; and (ii) no channel- ing, filling, damming, diverting or ditching of any brook, pond, swamp, or other permanent or season- al water course shall be done in a Conservancy Area unless a permit therefor has been issued by the Con- servation Commission after a hearing with due no- tice given. Said permit shall state the conditions under which such channeling, filling, damming, di- verting and/or ditching may be done in a Conser- vancy Area.
(b) Any person desiring a permit to channel, fill, dam, divert and/or ditch any brook, pond, swamp or other permanent or seasonal water course in a Conservancy Area shall submit an application to the Town Clerk who shall trasmit it forthwith to the Conservation Commission. The application shall be accompanied by plans of the proposed work and of the premises on which it is to be done.
(c) The Commission shall issue a permit under this section if it finds that the proposed channeling, fil- ling, damming, diverting or ditching will improve, or will not materially derogate from, the existing condition of such brook, pond, or swamp. The Commission shall be deemed to have issued the per- mit applied for if it shall allow forty-five (45) days to elapse after receipt of an application without
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acting thereon.
(d) The provisions of this Section XC are applicable to Conservancy Areas in whatever District situated, and nothing herein contained shall limit the applicability of other provisions of the Zoning By laws.
(e) The area and frontage of any lot for the purpose of ascertaining the minimum required shall include such parts thereof as lie within a Conservancy Area.
(f) The provisions of Section IV of the Zoning Bylaws shall be applicable to existing buildings, structures and uses in a Conservancy Area; and nothing in this Section XC shall be deemed to prohibit the mainte- nance or repair of any dam or other water diversion system existing at the time of designation of the site thereof as a Conservancy Area, nor to prohibit the restoration or reconstruction of such dam or system to the extent reasonably necessary to maintain or res- tore a then existing pond, watercourse or waterfall;
or take any action relative thereto.
Upon a Motion of Mr. A. H. Morgan, duly seconded, it was VOTED: To pass over Article 34.
Article 35: To see if the Town will vote to amend the Zoning By- laws and the Zoning Map by designating as Conservancy Areas the following lands:
(a) All land lying under the water, flow, or flood to normal seasonal high water, as determined by the Town Engineer, of (i) the water course known as Mill Brook, arising on land now or formerly of Sudbury Valley Trustees, Inc., shown on Plate 15 of the Wayland Town Atlas, and running southerly through and across lands now or formerly of Pollitt, Benjamin, and Barrel, across Claypit Hill Road, through and across lands now or formerly of the Town of Wayland, Hulbert, Swiedler, Martin, Spalding and sundry others, across Plain Road (shown as Plate 19 of said Atlas), Mill Pond, Mill- brook Road, and location of Boston and Maine Railroad (shown on Plate 24 of said Atlas), and southwesterly through Wayland Center at the junction of Routes 20 and 126, through and across land of sundry owners to the confluence of said Brook with the water course known as Pine Brook and thence to the Sudbury River (shown on Plates 23 and 28 of said Atlas), (ii) the water course known as Trout Brook, arising on land now or formerly of Paul B. Moore et al (shown on Plate 4 of said Atlas), and running southwesterly and westerly through and across Oxbow Road, lands now or formerly of Defina,
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The Ellen M. Gifford Sheltering Home Corp., Cartier, Simoni et al, Sudbury Valley Trustees Inc., the Town of Wayland and Zearfoss, again across Oxbow Road and through meadow or marsh lying between Oxbow Road and the Sudbury River, (iii) the water course known as Snake Brook, arising from the southerly end of Snake Brook Reservoir and running south- erly through and across lands now or formerly of Hanelin and Ferrante, Woodridge Road, lands now or formerly of Hill, Mullock, Batcheller (shown on Plate 45 of said Atlas), along and near the westerly edge of lands now or formerly of Wallace, Cook, Cormack, and sundry others, along and near the easterly edge of the Loker Street School site and land now or formerly of Loker, across Thompson Street, land now or formerly of DiCarlo et al, Loker Street, Aque- duct Road, other land now or formerly of DiCarlo et al, (shown on Plate 48 of said Atlas), across Commonwealth Road, along and near the southeasterly edge of lands now or formerly of the Town of Wayland, New England Erect- ing Co., Inc., Hampson, Anzivino et al, and through and across lands of sundry others, to land of the Commonwealth of Massachusetts near the westerly end of Dean Road, (shown on Plate 52 of said Atlas), and thence running westerly, crossing Main Street, to Lake Cochituate, (shown on Plate 55 of said Atlas) and (iv) that portion of the water course, tributary to Snake Brook, which commences at Country Corners Road at lands now or formerly of Scott and Frey- mann, (shown on Plate 44 of said Atlas) and runs south- easterly through and across lands now or formerly of Garry, Kelly and sundry others, across Hobbs Road and Alden Road to the confluence of said tributary with Snake Brook at or near land now or formerly of Roger Valdes and the Loker Street School site (shown on Plate 48 of said Atlas);
(b) The land and marsh known as Pod Meadow, shown on a plan entitled "Plan of Land in Wayland, Mass. Pod Mead- ow Conservancy District" dated January 15, 1965, by the Wayland Engineering Department, on file with the Town Clerk;
(c) The land and pond known as Snake Brook Reservoir, shown on a plan entitled "Plan of Land in Wayland, Mass. -- Snake Brook Conservation Area, " dated January 15, 1965, by the Wayland Engineering Department, on file with the Town Clerk;
or take any action relative thereto.
Upon a Motion of Mr. A. H. Morgan, duly seconded, it was VOTED: To pass over Article 35.
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Article 36: To see if the Town will vote to establish an Historic District in accordance with Chapter 40C of the Massachusetts General Laws, as shown on a plan entitled "Plan of Proposed Historic District" by Wayland Engineering Department, dated January 19, 1965, and bounded and described as follows:
Beginning at a point at the intersection of the easterly side- line of Cochituate Road and the center line of the railroad tracks of the B & M R. R., thence
WESTERLY along the center line of said tracks 330' +, thence SOUTHEASTERLY along land of said B & M R. R., land of
Boston Edison Co. and land of Ernest and Sarah E. Lovell 315' ±, thence
NORTHEASTERLY along land of Ethel Stearns and Alfred S. Sharp 135' + to land of Joseph DiBiase, thence
SOUTHERLY along said Sharp land 70' + to land of Alton F. Jr. and Josephine C. Marshall, thence
NOR THEASTERLY along Marshall land 25' + to land of Gilman A. Brown, thence
SOUTHERLY along said Marshall land 30' + , thence
NORTHEASTERLY along land of Irving and Rachael A. Sametz
75' ±, to the westerly sideline of Cochituate Road, thence SOUTHERLY 105' + along the westerly sideline of said road and land of said Sametz to the southerly sideline of Pelham Island Road and land of Marion E. Robbins and Sophia W. Sears, thence
SOUTHWESTERLY 225 ± along the southerly sideline of Pelham Island Road to the intersection of the southerly sideline of Pelham Island Road and the northerly sideline of the Boston Post Road, thence
SOUTHEASTERLY across the Boston Post Road 100' + to a point on the southerly sideline of said road, on the property line between land owned by Einar P. and Joyce L. Robsham and the Town of Wayland, thence
SOUTHERLY 125 ' + along said Robsham land to the brook, thence
EASTERLY 250' + along the brook to the westerly sideline of Cochituate Road, thence
SOUTHEASTERLY 160' + across Cochituate Road, to a point in the easterly sideline of said road, thence
SOUTHERLY 230' ± along the easterly sideline of said road, thence
NOR THEASTERLY 320' + along land of the First Parish in Wayland, and land of Whitman N. and Marion B. Hall to land of Charlotte S. Worthington, thence -
NORTHERLY 320' + along said Worthington land and across the Boston Post Road to a point on the northerly sideline of said road, then ce
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EASTERLY 750' + along the northerly sideline of said road, thence
NORTHERLY 20' ±, NORTHEASTERLY 45' + and NORTHERLY
315' + by land of Jiacomo and Colomba DiPucchio to the Boston and Maine southerly R. O. W. line, thence
WESTERLY along said B & M land 550' + to the southerly sideline of Millbrook Road, thence
WESTERLY along the southerly sideline of Millbrook Road to land of William J. and Margaret L. Lynch, thence SOUTHEASTERLY 175' + by land of said Lynch, thence SOUTHWESTERLY 125' + by said Lynch, thence
NORTHWESTERLY 185' + by said Lynch to the southerly side- line of Millbrook Road, thence
WESTERLY by said southerly sideline 200' + , thence
NORTHERLY 120' + by Thomas F. and Rose A. Linnehan, thence
NORTHEASTERLY 65' + along said Linnehan land, thence
NORTHERLY 110' + by said Linnehan to the Boston and Maine R. O. W., thence
WESTERLY 180' + along said R. O. W., thence
NOR THERLY 20' +, thence
WESTERLY 170' + , thence NORTHERLY 17' + thence WEST - ERLY 35' + to the easterly sideline of Cochituate Road
said last three courses being by land of the B & M, thence NORTHERLY 25' + along the easterly sideline of Cochituate
Road to the center line of the B & M tracks, being the point of beginning;
or take any action relative thereto.
Duly seconded, Mr. George K. Lewis offered the following
MOTION: That the Town establish an Historic District Com- mission of seven (7) members, to be appointed by the Board of Select- men, and an Historic District, in accordance with Chapter 40C of the Massachusetts General Laws, as shown on a plan entitled, "Plan of Proposed Historic District" by Wayland Engineering Department, dated January 19, 1965, bounded and described (as printed in the Warrant; -
By unanimous consent of the Meeting, Mr. Lewis omitted to read the detailed description, but a large map of the area in question was shown on a screen).
Mr. Lewis then presented the Report of the Historic District Study Committee, established under Article 43 of the 1963 Annual Town Meeting, relating to this Article.
Upon Mr. Lewis' Motion, it was
VOTED: Unanimously: In favor.
A Motion, offered by Mr. Ela: That it is the sense of the Meet- ing that the Historic District Commission established under this article should take such action as may be necessary to permit the Town to vote
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at the next annual town meeting on the question of adding to the historic district additional land at the northwesterly corner of Cochituate Road and Pelham Island Road, was Ruled Out of Order by the Moderator, as being beyond the scope of the Article.
Article 37. To see if the Town will vote to amend the Zoning By- laws by adding under Section V, Sub-section (g1) as follows:
(g1). "Funeral Homes, in one or more or all or any part of the single residence districts in the Town, provided a special permit is granted by the Board of Appeals in accordance with procedure provided in Sub- section (r) and only under such con- ditions 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.
Upon a Motion of Mr. John C. Bryant, duly seconded, it was VOTED: To pass over the Article.
Article 38. To see if the Town will vote to amend the Zoning By- laws by adding under Section V, Sub-section (gl) as follows:
(gl). "Funeral homes, but only in the area bounded on the east by the center line of Main Street, on the south by the center line of Commonwealth Road, on the north by the center line of Shawmut Avenue and Shawmut Avenue Extension, and on the west by the easterly boundary of land owned by the Town, 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 im- pose, and provided that no building be within thirty (30) feet of any lot line. ";
or take any action relative thereto.
Upon a Motion of Mr. Bryant, duly seconded, it was VOTED: To pass over the Article.
Article 39. To see if the Town will vote to amend the Zoning By- laws by striking out Section V (b) and inserting a new Section V (b) as follows:
"The office of a doctor, dentist, or other member of a recog- nized profession, a teacher, or musician or real estate or insurance agent residing on the premises, provided there is no display of advertising except for a small professional name plate, and provided further that a special permit is obtained from the Board of Appeals, in accordance with the provisions
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of Section V (r). "
or take any other action relative thereto.
Duly seconded, Mr. Bertelsen offered the following
MOTION: That the Zoning Bylaws be amended by striking out Section V (b) and inserting a new Section V (b) as follows:
" The office of a doctor, dentist, or other member of a recog- nized profession, a teacher, or musician or real estate or insurance agent residing on the premises, provided there is no display of advertising except for a small professional name plate, and provided further that a special permit is obtained from the Board of Appeals, in accordance with the provisions of Section V (r). "
Mr. Bertelsen then read the Report of the Planning Board with its recommendations, in regard to this Article. Upon Mr. Bertelsen's Motion, it was
VOTED: Unanimously: In favor.
Article 40. To see if the Town will vote to amend the Zoning By- law by striking out paragraph (3-c) of Section VI and inserting a new Section XII - - Signs and Exterior Lighting - - as follows:
Signs and Exterior Lighting
Section XII
Only those signs and exterior lighting as pertain to build- ings, structures, or uses permitted in this Bylaw, and on the same premises, are permitted. Yard requirements as otherwise specified in this Bylaw shall apply to signs and exterior lighting fixtures and structures. Signs in districts other than residence districts may not exceed forty square feet in area, and fifteen feet in height, in- cluding supporting structures and light sources. Signs attached to buildings may not rise above the front roof line of the building to which attached. Signs must be fixed in position so as not to rotate or oscillate.
Exterior lighting and lighting of signs shall be continuous illumination, not flashing, blinking, or varying in color. Exterior lighting fixtures shall be designed and placed so that the light source shall be completely shielded or dif - fused so as not to produce glare at any point along the ex- terior lines of ways adjacent to such premises or at pre- mises in a residential district. Illumination of athletic fields, golf courses and tennis courts is permitted when a special permit is issued by the Board of Appeals under the provisions of Section V (r).
or take any action relative thereto.
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Duly seconded, Mr. Charnock offered the following
MOTION: That the Zoning Bylaws be amended by striking out Section (3-c) of Section VI and inserting a new Section XII - Signs and Exterior Lighting as follows:
(By unanimous consent of the Meeting, Mr. Charnock omitted to read the text of the proposed amendment, since it followed exactly the language printed in the Warrant).
Mr. Charnock then read the Report of the Planning Board, with the recommendations of that Board, in regard to this Article.
Duly seconded, there was a
MOTION: To delete the word "completely" from the fourth line of the second paragraph of Mr. Charnock's wording, and to insert the word "substantial" between "produce" and "glare" in the same line.
The second Motion was still under discussion, when a
MOTION: To adjourn the Meeting - was not seconded; and then a
MOTION: To refer the matter to the Committee, for revision of the wording was restated by the Moderator: To Table the Motion under Article 40 and return it to the Planning Board for further Study. Upon this Motion, it was
VOTED: In favor.
The First vote gave a scattering "No" The Second vote was unanimous in favor of the Motion.
Article 41. To see if the Town will vote to amend the Zoning By- laws by adding the following sentence to paragraph (a) of Section XA:
"Signs and exterior lighting must be included in all site plans. "
or take any action relative thereto.
Upon a Motion of Mr. Charnock, duly seconded, it was VOTED: To pass over the Article.
Article 42. To see if the Town will vote to accept the provisions of the General Laws (Tercentenary Edition), Chapter 40, Section 22D, as amended;
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