USA > Massachusetts > Middlesex County > Waltham > Town annual reports of Wayland Massachusetts 1963-1965 > Part 5
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Article 32. To see if the Town will vote to authorize the purchase, take by eminent domain, gift, or otherwise, of a drainage easement through and over a certain parcel of land shown as "Drain Easement" on Plan of Land in Wayland, Mass., dated December 14, 1962, by Everett M. Brooks Co., Civil Engineers, bounded and described as follows:
Commencing at the intersection of the westerly side line of easement and northerly side of Old Connecticut Path, thence running NORTH 47º 05' 40" West, 7. 09 feet; thence running NORTH 43º 02' 40" West, 119. 23 feet; thence running NORTH 46° 57' 20" East, 30 feet; thence running SOUTH 43º 02' 40" East, 118. 17 feet; thence running SOUTH 47º 05' 40" East, 16. 52 feet to the Northerly side line of Old Connecticut Path; thence running SOUTHWESTERLY by said Northerly side line of Old Connecticut Path 31. 78 feet to the point of beginning; together with the right to enter upon said pre- mises and lay and maintain pipes, sewers, drains and manholes, therein, and to raise and appropriate a sum of money therefor; or take any action relative thereto.
Upon Motion of Mr. Ela, duly seconded, it was
VOTED: Unanimously: That the Town authorize the Board of Sel- ectmen to acquire by purchase, eminent domain, gift, or otherwise, a drainage easement through and over a certain parcel of land shown as "Drain Easement" on Plan of Land in Wayland, Mass., dated Dec- ember 14, 1962, by Everett M. Brooks Co. , Civil Engineers, and bounded and described as set forth in the article, together with the right to enter upon said premises and lay and maintain pipes, sewers, drains and manholes, therein, and that there be raised and appropri- ated and assessed therefor the sum of $10. 00.
Article 33. To see whether the Town will transfer to the juris- diction of the Conservation Commission the parcel of Town-owned land having an area of about 1. 4 acres located on the Easterly side of Sherman's Bridge Road at the Sudbury River.
Upon Motion of Mr. Henry J. Muller, duly seconded, it was
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VOTED: Unanimously: That the Town transfer to the jurisdiction of the Conservation Commission the parcel of Town-owned land having an area of about 1. 4 acres located on the Easterly side of Sherman's Bridge Road at the Sudbury River, now or formerly of Helen M. Stevenson.
Article 34. To see if the Town will vote to authorize the transfer from Tax Title Possessions to the Town of Wayland for School Pur- poses, the area on Plate 47 D designated Town of Wayland located on the northeast side of the prospective Junior High School site and con- taining 15, 046 square feet, more or less; or take any action relative thereto.
Upon Motion of Mr. Muller, duly seconded, it was
VOTED: Unanimously: That the Town authorize the transfer from Tax Title Possession account to the Town of Wayland for School Pur- poses, the area on Plate 47 D designated Town of Wayland located on the northeast side of the prospective Junior High School site and con- taining 15, 046 square feet, more or less.
Article 35. To see if the Town will vote to authorize the transfer from Tax Title Possession Account to the Town of Wayland, for Con- servation purposes, the area on Plates 24 and 25 of the Town Atlas designated as Town of Wayland, located on the northeasterly and south- easterly corners of Lee and Wheelock Roads andalong the north side of the brook; or take any action relative thereto.
Upon Motion of Mr. Muller, duly seconded, it was
VOTED: Unanimously: That the Town authorize the transfer from Tax Title Possessions account to the Town of Wayland, for Conserva- tion purposes, the area on Plates 24 and 25 of the Town Atlas desig- nated as Town of Wayland, located on the northeasterly and southeast- erly corners of Lee and Wheelock Roads and along the north side of the brook.
Article 36. To see if the Town will vote to abandon its ten (10) foot slope easement in land on the easterly side of Old Connecticut Path, extending from the High School entrance road to Davelin Road as shown on a Plan entitled "Plan of Land in Wayland, Mass. by Mac- Carthy Engineering Service dated May 27, 1961"; or take any action relative thereto.
Upon Motion of Mr. Muller, duly seconded, it was VOTED: That the article be passed over.
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Article 37. To see if the Town will vote to reconvey to John C. Coady and Sarah E. Coady, Lots 865-866-867 and 868 Cedar Crest Road, with condition in deed reconveyance conditional on first option to repurchase by the Town based on arbitration, one picked by the Town and one by John C. and Sarah E. Coady; 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, with the ap- proval of the Town Counsel, be authorized to reconvey, for the sum of $1. 00 to John C. Coady and Sarah E. Coady, Lots 865-866-867 and 868 Cedar Crest Road, with the condition in the deed that there be re- served an option to repurchase the property by the Town at a price to be arrived at by arbitration, the arbitration board to be made up of one chosen by the Town and one by John C. and Sarah E. Coady, and a third by the two so designated.
Article 38. To see if the Town will vote to amend the Town By- Law relating to Zoning, as amended, by repealing that portion of the By-Law as found in Section IX, Sub paragraph (e) starting with the words on line four "is hereby subdivided" and ending with line thirty- seven "not less than two hundred and ten feet on a street line, " and substituting in its place the following:
"as shown defined and bounded on a second map accompanying this by-law entitled "Town of Wayland, Amendment to Zoning Map of 1934, March 1939, " dated and approved February 27, 1939, the Wayland Planning Board, as revised March 13, 1939, by said Board and on file with the Town Clerk; and the second map and the explanatory matter thereon, as so revised, shall be laid out so that any building lot shall contain a minimum of 20, 000 sq. ft., with a 120 ft. frontage on any street line; " or take any action relative thereto.
Upon Motion of Mr. Robert H. Charnock, duly seconded, it was VOTED: That the article be passed over.
Article 39. To see if the Town will vote to re-zone the land on both sides of the State Road East to a depth of three hundred (300) feet on each side from Cochituate Road East to the Weston- Wayland Town Line, from single-family residence and in part Roadside Busi- ness, to Business A.
Upon Motion of Mr. L. William Bertelsen, duly seconded, it was VOTED: That the article be passed over.
Article 40. To see if the Town will vote to amend the Zoning By-
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Law by adding a new sub-paragraph 1. after Section V (q) as follows:
Removal of sod, loam, sand, gravel, or quarried stone from within a subdivision, the plan of which has been approved by the Planning Board and duly recorded in Middlesex South District Reg- istry of Deeds, shall be permitted when and to the extent that such is necessary for the lawful construction or alteration of a way shown on said plan, or for the lawful installation of utilities or drain pipes or drain structures in said subdivision, provided that the quantity of sod, loam, sand, gravel, or quarried stone so removed shall not exceed that in place in the particular space to be occupied by such way, utilities, drain pipes or drain structures, and subject to any requirements made by the Planning Board endorsed or re- ferred to on the plan of such subdivision.
Duly seconded, Mr. Charnock offered the following
MOTION: That the Zoning By-law be amended by adding a new sub-paragraph 1. after Section V (q), as per the language of the article.
Mr. Charnock then presented the Report of the Planning Board with Recommendations, in connection with this Article, a copy of which was placed on file with the Town Clerk.
Upon Mr. Charnock's Motion, it was VOTED: First vote gave a scattering "No" Second vote was unanimously in favor of the Motion.
Article 41. To see if the Town will vote to amend the Building Code as amended in any or all of the following respects; or take any action relative thereto:
1. By deleting the title "Inspection of Buildings" Section 6 Chapter 1 and inserting as the new title of Section 6, of Chapter 1 "Inspection of Buildings and Structures".
2. By inserting the words "And Structures" after the word "Buildings" in the first line of sub-section (a) of Section 6 of Chapter 1.
3. By deleting the following sub-sections under Chapter II -- definitions:
BUILDING: Any structure built for the support, shelter, or enclos- ure of persons, animals, chattels, or property of any kind.
STRUCTURE: The combination of materials, other than a building, the term "structure" shall be construed where the context allows, as though followed by the words " or part thereof. " Any questions
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as to the application of the word "structure" within this code shall be as interpreted by the Inspector, subject to appeal.
FOUNDATION: That portion of an exterior or party wall below the finished first floor level.
And inserting under "DEFINITIONS", Chapter II, as follows:
BUILDING: A combination of materials, portable or fixed, having a roof to form a structure for the shelter for persons, animals or property. For the purpose of this definition "roof" shall include an awning or any similar covering whether or not permanent in nature. The word "BUILDING" shall not include such frameworks and tents as are used exclusively for outdoor carnivals, lawn parties or other similar activities, the word "BUILDING" shall be construed where the context requires as though followed by the words "or parts thereof".
STRUCTURE: A combination of materials assembled at a fixed location to give support or shelter; such as but not limited to a building, framework, reviewing stand, platform, tank, tunnel, tower, swimming pool or the like. The word "STRUCTURE" shall be construed where the context allows as though followed by the words "or parts thereof".
FOUNDATION: That portion of a building or structure of which the sole or chief purpose or use is to transmit the weight of the build- ing or structure to the earth, such as that portion of an exterior or party wall below the finished first floor level.
4. By inserting a new sub-section (g) under Section 6, of Chapter 1 as follows:
(g) Every excavation and every structure in the process of construction or alteration shall be properly guarded and protected by the person responsible therefor, so as to pre- vent it from becoming dangerous to life and limb and to the neighborhood;
or take any action relative thereto.
Duly seconded, Mr. Ela offered the following
MOTION: That the Town amend the Building Code in all of the respects set forth in the article.
Upon Motion, duly seconded, of Mr. Blanchard, it was
VOTED: To amend Mr. Ela's Motion and the proposed Building Code changes, by the deletion of the sentence under the new definition of "BUILDING": "For the purpose of this definition "roof" shall in- clude an awning or any similar covering whether or not permanent in nature. "
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Upon the Main Motion of Mr. Ela, it was VOTED: The first vote gave a scattering of "No's". The second vote was unanimously in favor of the Motion, as amended.
Article 42. To see if the Town will vote to authorize the Water Department to petition the Massachusetts General Court for authority to sell water to inhabitants of the Town of Natick; or do or act.
Upon a Motion of Mr. Kilburn, duly seconded, it was
VOTED: That the Town authorize the Water Department to petition the Massachusetts General Court for authority to sell water to inhabi- tants of the Town of Natick.
Upon a Motion of Mr. Mendler, duly seconded, "That the Town return to Article 10 for the purpose of limiting the previous vote under that Article, so that no money shall be spent for construction on Old Connecticut Path beyond the point where it crosses Rice Road. " It was
VOTED: In the Negative.
Article 43. To see if the Town will vote for the appointment of a committee to study means of protecting and preserving buildings, sites and districts of historic interest in the Town.
Duly seconded, Mr. Charnock offered the following:
MOTION: That the Board of Selectmen is hereby requested to es- tablish an historic district study committee in accordance with Sec- tion 4 of Chapter 40 C of the Massachusetts General Laws, such com- mittee to consist of not less than five members and to include one member chosen from two nominated by the Wayland Historical Society, one member of the Planning Board, designated by such Board, and three members at large; such committee to make an investigation and report to a subsequent Town Meeting, and not later than the next an- nual Town Meeting with respect to a proposed historic district for the Wayland Center area, all under and in accordance with said Chapter 40C.
Upon a Motion of Mr. Blanchard, duly seconded, it was VOTED: To amend Mr. Charnock's Motion by deleting the words, "a subsequent Town Meeting and not later than"
Upon the Main Motion of Mr. Charnock, as amended, it was VOTED: In favor.
At this point, the Town Counsel, Mr. Kilburn, offered the following STATEMENT:
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During the discussion of Old Connecticut Path, (in connection with Mr. Mendler's Motion to return to Article 10), I think there was one statement made, which should be clarified at this time. It was stated that the money could not be spent beyond Rice Road, because there had been no lay-out plan and nothing else would be done prior to the next Town Meeting. I do feel, however, . . . that I should bring it to the attention of the Town, that it is possible to lay out, through the County Commissioners, (and it is they, who do lay out a Chapter 90 project, not the Board of Selectmen), . . . the area beyond Rice Road. . .; they could lay out the area beyond Rice Road. . . with the necessary public hearings, etc. The takings could be made by the County Commissioners, and in that event . . . (and I don't say that there is any intention that it is to be done), but if this were to be done, then, I believe, the money could be spent on Old Connecticut Path beyond Rice Road.
Mr. Mendler then requested a revote on his previous Motion to return to Article 10. The Moderator offered to entertain a Motion to this effect. Mr. Fordham requested assurance of the Finance Com- mittee that the project would not go beyond Rice Road. Upon Mr. Morgan's comment that, "In view of what has been said here, the Fi- nance Committee would be very foolish to go beyond Rice Road (with this project)", both Mr. Mendler and Mr. Fordham were persuaded to drop the matter and did not renew the Motion to return to Article 10.
Article 44. To see whether the Town will vote to add to the Town By-Laws a provision to the effect that any Town Board, officer or de- partment may sell or otherwise dispose of any personal property be- longing to the Town under its or his control, having a value of not more than $200. 00 in each instance, with the approval of the Selectmen and the Finance Committee.
Upon a Motion of Mr. Wells, duly seconded, it was
VOTED: Unanimously: That the Town amend its By-Laws by add- ing thereto a new Article as follows:
DISPOSAL OF SURPLUS PROPERTY
"Any Town board, officer or department may sell or otherwise dis- pose of any personal property belonging to the Town under its or his control, having a value of not more than $200 in each instance, with the approval of the Selectmen and the Finance Committee".
Article 45. To see whether the Town will vote to add to the Town By-Laws a provision authorizing the Selectmen to license collectors of junk and trash, and prohibiting the collection of junk and trash within the Town for hire without such a license.
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1g
Upon a Motion of Mr. Wells, duly seconded, it was
VOTED: That the Town amend its By-Laws by adding thereto a new Article as follows:
"The Board of Selectmen shall have the authority to license suitable persons to be collectors of junk and trash, such licen- ses to be revocable at the pleasure of said Board and to contain such regulations as said Board shall determine. No person shall collect junk or trash within the Town for hire without such a license. "
Article 12. To see if the Town will vote to accept various convey- ances, gifts, and devises to the Town; or take any action relative thereto.
By unanimous consent of the Meeting, a reading of the detailed des- cription of the eleven (11) drainage easements granted to the Town and accepted in this Motion, were omitted by Mr. Kilburn in making the following Motion. He did indicate who the donors were, and the general location of each.
Upon a Motion of Mr. Kilburn, duly seconded, it was
VOTED: Unanimously: That the Town accept with thanks the follow- ing gifts:
1. ) Drainage Easements from Manfred Taglienti and Thomas J. Vassalotti, Trustees of Olde Farm Realty Trust under a Declaration of Trust dated January 17, 1956, recorded with Middlesex South District Deeds, Book 8654, Page 9, said easements are shown on a " Sub-Division of Land in Wayland, Mass., Estates Development Trust, " Section B, dated Dec. 1951, MacCarthy Engineering Ser- vice, recorded with said Deeds, Book 7925, Page 516.
2. ) Drainage and Access Easements from Einar P. Robsham and Joyce L. Robsham, said easements shown on Lots #7 and #8 Keith Road, and on "Subdivision Plan of Land in Wayland, Mass. on Main Street" dated September 26, 1962, by Everett M. Brooks Co., C. E.
3. ) Drainage Easements from Madeline Eugene of Cambridge, Massachusetts, on Alden Road and shown on Plan entitled "Sub- division Plan of Land in Wayland, Massachusetts" dated June 10, 1960 by Everett M. Brooks Co., C. E.
4. ) Drainage Easement from Mary Kelley of Boston, Mass. , on Alden Road Extension and shown on a Plan entitled "Alden Road Extension" Subdivision of Land in Wayland, Mass., dated May 4, 1962, by MacCarthy Engineering Service, Inc.
5. ) Drainage Easements from A. William Rowe, Trustee of
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Rowe Realty Trust, shown on Lots A, 1, 4, 5, 6, 9, 11, 15 and 16 and shown on Plan entitled "Forty Acres Estate, Subdivision Plan of Land on Cochituate Road in Wayland, Mass., owned by Rowe Realty Trust, A. William Rowe, Trustee, April 14, 1961, Everett M. Brooks Co., Civil Engineers".
6. ) Drainage Easements from Samuel A. Cutler and Marie L. Cutler on Pelham Island Road and shown on "Subdivision Plan of Cutler on Pelham Island Road, Wayland, dated October 3, 1960, by Everett M. Brooks Co., C. E.
7. ) Drainage Easements from Regent Homes, Inc. , on Lot #5 shown on Plan entitled "Loker Manor Section III subdivision of land of Edna M. Phylis off School Street in Wayland, Mass., dated June 13, 1961, by MacCarthy Engineering Service, Inc. , Natick, Mass. " recorded with Middlesex South District Deeds as Plan #11 of 1962 in Book 9964, Page 308.
8. ) Drainage Easements from Edna M. Phylis, shown on Plan entitled "Loker Manor Section III subdivision of Land of Edna M. Phylis off School Street in Wayland, Mass., dated June 13, 1961, by MacCarthy Engineering Service, Inc., Natick, Mass. " record- ed with Middlesex South District Deeds as Plan #11 of 1962 in Book 9964, Page 308.
9. ) Drainage Easement from James B. Potts, Jr., Trustee of Potts Realty Trust under a Declaration of Trust dated December 30, 1959, recorded with Middlesex South District Deeds, Book 9525, Page 308 on land shown on "Subdivision Plan of Land in Way- land, Massachusetts" owned by the Estate of Maclaurin, by Mac- Carthy Engineering Service, Inc. , dated February 12, 1960.
10. ) Drainage Easement from Joyce L. and Einar Paul Rob- sham, shown on Plan entitled "Subdivision Plan of Land in Wayland, Mass. " dated August 25, 1960, by Everett M. Brooks Co., C. E.
11. ) Drainage Easement from Joyce L. and Einar Paul Rob- sham, shown on Plan entitled "Subdivision Plan of Land in Wayland, Mass. " dated May 25, 1960, by Everett M. Brooks Co., C. E.
Article 17. To see whether the Town will vote to authorize the Conservation Commission to expend the sum of $10, 000 from the Conservation Fund under Clause 51 of Section 5 of Chapter 40 of the Massachusetts General Laws for the purchase of the parcel of land with the buildings thereon having an area of about 11. 2 acres now or formerly owned by Rosalthe W. Picard at the intersection of Main Street and Mathews Drive in Cochituate, subject to life estates for
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Rosalthe W. Picard and Frederick Picard for the dwelling and a por- tion of the land contained in said premises; or take any action relative thereto.
Upon a Motion of Mr. Allen H. Morgan, duly seconded, it was VOTED: Unanimously: That the Conservation Commission be au- thorized to expend the sum of $10, 000 from the Conservation Fund under Clause 51 of Section 5 of Chapter 40 of the Mass. General Laws for the purchase of the parcel of land with the buildings thereon having an area of about 11. 2 acres now or formerly owned by Rosalthe W. Picard on Main Street and Mathews Drive in Cochituate, subject to life estates for Rosalthe W. Picard and Frederick Picard for the dwelling and a portion of the land contained in said premises, all on such terms and conditions as may be approved by the Town Counsel, and subject to the condition that such purchase shall be made only after approval of the project for reimbursement of one-half of the purchase price by the Commonwealth of Massachusetts.
Upon a Motion, duly seconded, it was
VOTED: That the Meeting be adjourned, all articles having been disposed of at 11:05 P. M.
A True Copy,
Attest:
LEILA SEARS, Town Clerk of Wayland
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VOTES ENACTED AT THE SPECIAL TOWN MEETING
HELD: WEDNESDAY, DECEMBER 11, 1963
Roger P. Stokey, Moderator: -- Town Clerk's Office Wayland, Massachusetts
Pursuant to the Warrant dated November 14, 1963, signed by George K. Lewis, Thomas F. Linnehan and Frank S. Tarr, 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 7:50 P. M. the Moderator called the meeting to order, declared a quorum to be present, and the meeting proceeded to transact the following business:
The Moderator pointed out that the five minute delay in calling the meeting to order had been occasioned by the need to wait until a full quorum was present.
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 de- partments:
Police Department Salaries -- Sergeants
Tree Warden
Tree Trimming -- Private Contract
Highway Department Snow Removal Care of Dumps Fire Department Salaries -- Call Men, Hourly
or take any action relative thereto.
Upon a Motion of Mr. Roger E. Ela, duly seconded, it was
VOTED: Unanimously: That there be appropriated for the operation and expenses of the following departments the respective amounts as shown, and that to meet the appropriations the sum of $18, 138. 65 be transferred from available funds "Excess and Deficiency" and the sum of $7, 113. 19 be transferred from Police Salaries -- Patrolmen, together totalling $25, 251. 84:
Police Department Salaries -- Sergeants $7,651. 84
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Tree Warden
Tree Trimming -- Private Contract $2,400. 00 Highway Department Snow Removal 10,000.00
Care of Dump Fire Department
2,000.00
Salaries -- Call Men, Hourly
3,200. 00
$25, 251. 84
Article 2. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the preparation of plans and specifications, for the construction of an addition, and for the remodelling of a portion of the Highway Garage, and for the fur- nishing and equipping of said addition: or take any action relative thereto.
Upon a Motion of Mr. Robert M. Morgan, duly seconded, it was VOTED: That the Town appropriate the sum of $36, 000 for the preparation of plans and specifications, for the construction of an addition and for the remodelling of a portion of the Highway Garage, and for furnishing and equipping such addition; that the work be carried out under the supervision of the Road Commissioners, with the approv- al of the Selectmen; and that the sum appropriated therefor be trans- ferred from available funds, "Excess and Deficiency".
Article 3. To see if the Town will vote to increase the number of voting precinct s in the Town; or take any action relative thereto.
Duly seconded, Mr. Ela offered the following
MOTION: That the Town change its voting precincts in accordance with the report of the Selectmen, by increasing the number of precincts from two to three and establishing the boundaries thereof as follows:
PRECINCT ONE: Bounded by Sudbury on the West, Lincoln on the North, and Weston on the East; and on the South by a line start- ing at a point 2, 000 feet South of the junction of Route 20, and the Weston Boundary, Westerly to the intersection of Pinebrook Road and Old Connecticut Path, Northerly on Pinebrook Road to the MDC Aqueduct, Westerly one hundred (100) yards along the Aqueduct, Northerly to Pine Brook, Westerly along Pine Brook to its junction with the Sudbury River, Southerly and Westerly along the Sudbury River, to point at which the Sudbury boundary meets the Sudbury River.
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