Town of Hamilton Annual Report 1961, Part 2

Author:
Publication date: 1961
Publisher: The Town
Number of Pages: 162


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Moved by Mr. Lawrence Lamson and duly seconded: "That the Town raise and appropriate the sum of $1,000 for Chapter 90 Highway Maintenance on various streets, to be expended for the Town's share of the work and that available funds may be used to carry on the work until the Town is reimbursed for the State share of the work."


Voice vote. Motion unanimously carried.


Article 7. Moderator : "To see if the Town will vote to purchase a new Cruiser-Ambulance for use of the Police Department, provide for the turning in of the present cruiser toward the purchase price thereof, and to raise and appropriate a sum of money therefor, or take any other action thereon or relative thereto."


Moved by Mr. Lawrence Stone and duly seconded : "That the Town purchase a new Cruiser-Ambulance for use of the Police Department, and that the present cruiser be turned in toward the purchase price thereof, and that the Town raise and appropriate the sum of $2,000 for the balance of the purchase price, and that the Board of Selectmen be and hereby is authorized and empowered to take all necessary action to make such purchase on behalf of the Town."


Voice vote. Motion unanimously carried.


Article 8. Moderator: "To see if the Town will vote to purchase a new truck and refuse body for use of the Health Department, provide for the turning in of the present refuse truck and body toward the purchase price thereof, and to raise and appropriate a sum of money therefor, or take any other action thereon or relative thereto."


Moved by Mr. William F. Mackenzie and duly seconded : "That the Town purchase a new truck and refuse body for use of the Health De- partment, and that the present truck and refuse body be turned in toward the purchase price thereof and that the Town raise and appropri- ate the sum of $9,000 for the balance of the purchase price, and that the


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Board of Health be and hereby is authorized and empowered to take all necessary action to make such purchase on behalf of the Town."


Voice vote. Motion unanimously carried.


Article 9. Moderator: "To see if the Town will vote to purchase a new pick-up truck for use of the Highway Department, provide for the turning in of the present pick-up truck toward the purchase price thereof and to raise and appropriate a sum of money therefor, or take any other action thereon or relative thereto."


Moved by Mr. Charles Poole and duly seconded : "That the Town purchase a new pick-up truck for use of the Highway Department, and that the present pick-up truck be turned in toward the purchase price thereof and that the Town raise and appropriate the sum of $2,000 for the balance of the purchase price, and that the Highway Surveyor be and hereby is authorized and empowered to take all necessary action to make such purchase on behalf of the Town."


Voice vote. Motion unanimously carried.


Article 10. Moderator : "To see if the Town will vote to raise and appropriate a sum of money for mosquito control in the Town, the work to be done under the direction of the Board of Selectmen, or take any other action thereon or relative thereto."


Moved by Mr. Lawrence Stone and duly seconded : "That the Town vote to raise and appropriate $2,500 for mosquito control in the Town, the work to be done under the direction of the Board of Selectmen."


Mr. Moseley : "I make a motion that we study this further and in- definitely postpone action under this article."


Moderator: "You wish to move to indefinitely postpone action under this article ?"


Mr. Moseley : "Yes."


Moderator: "It has been moved and seconded that action under this Article 10 be indefinitely postponed. If this motion carries it in effect means we have conceded the action under Article 10. There would be no mosquito spraying this year. Any further discussion on this motion ?"


Moderator: "The vote is on the motion that we postpone considera- tion of Article 10 indefinitely."


Voice vote. Motion lost.


Moderator : "We now consider the main motion that has been made under Article 10 which is to raise and appropriate $2,500 for mosquito control in the Town, the work to be done under the direction of the Board of Selectmen."


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Voice vote. Motion carried.


Article 11. Moderator : "To see if the Town will vote to transfer the sum of $4,000 from the Overlay Reserve Account to the Finance Com- mittee Reserve Fund, or take any other action thereon or relative thereto."


Moved by Mr. Paul Pilcher and duly seconded: "That there be transferred from the Overlay Reserve Account the sum of $4,000 to the Finance Committee Reserve Fund."


Voice vote. Motion unanimously carried.


Article 12. Moderator : To see if the Town will vote to transfer the sum of $500 from the Cemetery Sale of Lots and Graves Fund to the Cemetery Account for improvements to the Town Cemetery, or take any other action thereon or relative thereto."


Moved by Mr. John Walke and duly seconded: "That there be transferred from the Cemetery Sale of Lots and Graves Fund the sum of $500 to the Cemetery Account for improvement of the Town Ceme- tery."


Voice vote. Motion unanimously carried.


Article 13. Moderator : "To see if the Town will vote to authorize the Board of Assessors to use available funds or "free cash" in an amount not to exceed the sum of $30,000 in determining the tax rate for the year 1961, or take any other action thereon or relative thereto."


Moved by Mr. Paul Pilcher and duly seconded : "That the Town authorize and approve the Board of Assessors to use available funds or "free cash" in an amount not to exceed the sum of $30,000 in determin- ing the tax rate for the year 1961."


Voice vote. Motion unanimously carried.


Article 14. Moderator: "To see if the Town will vote to direct the Selectmen to include in the Warrant for action on the official ballot for the 1962 Annual Town Election the following question :


Shall sections sixty-nine C to sixty-nine F, inclusive, of Chapter forty-one of the General Laws, providing for the establishment of a Board of Public Works exercising the powers of certain other departments and town officers, be accepted ?,


or take any other action thereon or relative thereto."


Moved by Mr. Lawrence Pelkey and duly seconded: "That the


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selectmen be directed to include in the Warrant for the 1962 Annual Town Meeting, the following question, to be placed on the official ballot :


Shall sections sixty-nine C to sixty-nine F, inclusive, of Chapter forty-one of the General Laws, providing for the establishment of a Board of Public Works exercising the powers of certain other de- partments and town officers be accepted ?"


Moderator: "The vote is on the motion that the Selectmen be di- rected to include in the warrant of the 1962 Annual Town Meeting the following question to be placed on the official ballot - Section 59B to 59F inclusive Chapter 41 of the General Laws providing for the establish- ment of a Board of Public Works, exercising the powers of certain other departments and certain town officers be accepted ?"


Voice vote. Motion carried.


Article 15. Moderator: "To see if the Town will vote to amend the Protective (Zoning) By-law and the zoning map by changing the entire area owned by the Town on Railroad Avenue and occupied by the Lam- son School from Resident District A to a multiple housing district by adding to Section VI a new paragraph 7, as follows :


7. Multiple Housing District. That portion of Residence District A, which prior to the adoption of this paragraph, was owned by the Town and occupied by the Lamson School on Railroad Avenue, is established as a multiple housing district for all purposes author- ized by the laws of Massachusetts for multiple housing, under the provisions of General Laws, Chapter 121 applicable to elderly per- sons of low income and necessary for the exercise of the powers of the Housing Authority of the Town of Hamilton ;


or take any other action thereon or relative thereto."


Moved by Mr. Lawrence Lamson and duly seconded : "That the Pro- tective (Zoning) By-Law and zoning map of the Town be amended by changing the entire area owned by the Town on Railroad Avenue and occupied by the Lamson School from Residence District A to a multiple housing district by adding to Section VI a new paragraph 7 as follows:


"7. Multiple Housing District. That portion of Residence District A, which prior to the adoption of this paragraph, was owned by the Town and occupied by the Lamson School on Railroad Avenue, is established as a multiple housing district for all purposes author- ized by the laws of Massachusetts for multiple housing, under the provisions of General Laws, Chapter 121 applicable to elderly per- sons of low income and necessary for the exercise of the powers of the Housing Authority of the Town of Hamilton."


Voice vote. Motion unanimously carried.


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Article 16. Moderator : "To see if the Town will vote to sell and convey the land owned by the Town and occupied by the Lamson School on Railroad Avenue and the structures thereon, to the Housing Authority of the Town for use by it for its purposes pursuant to all authority con- ferred by the laws of Massachusetts for multiple housing for elderly persons, or take any other action thereon or relative thereto."


Moved by Mr. Lawrence Stone and duly seconded : "That the Town sell and convey by deed and at a nominal consideration, the land owned by the Town and structures thereon, located on Railroad Avenue and occupied by the Lamson School, to the Housing Authority of the Town for use by it for its purposes pursuant to all authority conferred by the laws of Massachusetts for multiple housing for elderly persons, and in connection therewith the selectmen are authorized to take all such action on behalf of the Town as they shall consider necessary or desirable to carry out this vote.


Voice vote. Motion unanimously carried.


Article 17. Moderator: "To see if the Town will vote to amend the Protective By-Law by changing the area on the southerly side of Essex Street, between Woodbury Street and Chebacco Road to a depth of two hundred feet (200 feet) from Residential District B to Resi- dential District A to correspond with the opposite side of the Street, as shown on the Zoning Map, Hamilton, Mass., filed with the Town Clerk, or take any other action thereon or relative thereto."


Moved by Mr. O'Hara and duly seconded: "That the Protective (Zoning) By-law and zoning map of the Town be amended by changing the area on the southerly side of Essex Street, between Woodbury Street and Chebacco Road to a depth of 200 feet from Residence District B to Residence District A."


Mr. George Cutler : "The Hamilton Planning Board is unanimously against this proposed amendment of the By-Laws. Now the reason that they are against it is that they feel it is against the tenure of what has been adopted in the past. The Town has voted that the area in question should have a 40,000 foot minimum lot size. The Board feels that to reduce this lot size for the benefit of perhaps a few owners is not in the interest of the Town and the reason for this is that it sets a dangerous precedent where other owners who are not in favor of the lot size will come in and ask for similar changes. The Board would like to also point out that there is some question as to the legality of such a change where it is a change which embodies only a small piece of land and it might be considered giving preferential treatment to the people living in that small area. This, however, will be decided by the Attorney General at the time that the amendment has been voted on by the Town."


Moderator: "This being an amendment to a zoning law requires a 2/3 vote. It will be necessary to count the vote and have the clerk record


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the count. Appointed tellers are Mr. Ward, Mr. Duryea, Mr. Nash and Mr. Trussell."


In Favor: 187


Against : 169


Article lost by failure to carry with a 2/3 vote


Article 18. Moderator: "To see if the Town will vote to accept the provisions of Chapter 647, Acts of 1960, being an Act to increase the amounts of pensions, retirement allowances and annuities payable to certain former public employees, to take effect upon acceptance, or take any other action thereon or relative thereto."


Moved by Mr. William Mackenzie and duly seconded : "That the Town accept the provisions of Chapter 647, Acts of 1960 and the increases authorized thereby in the amounts of pensions, retirement allowances and annuities payable to certain former public employees."


Voice vote. Motion unanimously carried.


Article 19. Moderator: "To see if the Town will vote to accept as a public town way, an extension of Alan Road from the present accepted portion to Essex Street as laid out by the Board of Selectmen and as shown on a plan on file with the Town Clerk, or take any other action thereon or relative thereto."


Moved by Mr. William Mackenzie and duly seconded : "That the Town accept as a public Town Way an extension of Alan Road from the present accepted portion to Essex Street as laid out by the Board of Selectmen and as shown on a plan on file with the Town Clerk entitled "Layout Plan of Alan Road, Hamilton, Mass., for Acceptance, Feb. 1961, Kenneth W. Richardson, Mass. Registered Land Surveyor."


Voice vote. Motion unanimously carried.


Article 20. Moderator : "To see if the Town will vote to accept as a public town way an extension of Baker Avenue beginning at the end of the present accepted portion thereof and continuing for a distance of approximately 150 feet as laid out by the Board of Selectmen and as shown on a plan on file with the Town Clerk, or take any other action thereon or relative thereto."


Moved by Mr. Lawrence Stone and duly seconded : "That the Town accept as a public Town Way an extension of Baker Avenue beginning at the end of the present accepted portion thereof and continuing for a distance of approximately 150 feet as laid out by the Board of Selectmen and as shown on a plan on file with the Town Clerk entitled "Plan of a Portion of Baker Avenue, Hamilton, Mass., for Acceptance, Feb. 1961, Chas. H. Morse & Son, Engineers."


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Voice vote. Motion unanimously carried.


Article 21. Moderator: "To see if the Town will vote to accept a completed swimming pool as a gift from Augustus Peabody Gardner Post #194, American Legion, said swimming pool to be constructed on the ground of Patton Park and Playground, the location and control during construction to be subject to, and when completed to be under the jurisdiction of the Park Department, or take any other action thereon or relative thereto."


Moved by Mr. Henry Stelline and duly seconded : "That the Town accept as a gift from the Augustus Peabody Gardner Post #194 Ameri- can Legion a completed swimming pool to be constructed on Patton Park and Playground, the location of the swimming pool and its control during construction to be subject to the Park Department, and after construc- tion to be under the jurisdiction of the Park Department."


Voice vote. Motion carried.


Moderator: "The next business is the several items that were passed. The first item of the budget was passed is item 72 the salaries of in- structors and clerks."


Moved by Mr. George Ricker and duly seconded: "That the two passed items be approved and the following revised sums be appropri- ated :


Item 72 Salaries of Instructors and Clerks $4366.00


Item 74 Expenses $4810.00


The increases in the amounts of these two budget items is to provide for the proper safety, supervision and maintenance of the swimming pool which has just been approved."


Voice vote: Motion carried.


Moderator: "The next item that was passed was item 97 - Vet- erans Quarters $1000."


Voice vote. Appropriation is made.


Article 22. Moderator : "To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time as provided for by Section 4 of Chapter 44, General Laws and amendments thereto in anticipation of revenue for the financial year beginning January 1, 1962, and to issue a note or notes therefor payable within one year, in accordance with Section 17, Chapter 44, General Laws and amendments thereto, or take any other action thereon or relative thereto."


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Moved by Mr. Everett F. Haley and duly seconded : "That the Town authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time as provided for by Section 4 of Chapter 44, General Laws and amendments thereto in anticipation of revenue for the financial year beginning January 1, 1962, and to issue a note or notes therefor payable within one year or to renew any note or notes as may be given for a shorter period than one year, in accordance with Section 17 of Chapter 44 of said General Laws."


Voice vote. Motion unanimously carried.


Article 23. Moderator: "To see if the Town will vote to authorize the Collector to use all means of collecting taxes which a Town Treasurer, when appointed Collector, may use, or take any other action thereon or relative thereto."


Moved by Mr. William F. Mackenzie and duly seconded : "That the Town authorize the Collector to use all means of collecting taxes which a Town Treasurer when appointed Collector may use."


Voice vote. Motion unanimously carried.


Article 24. Moderator : "To see if the Town will vote to authorize the Cemetery Commissioners to replace an existing section of the cem- etery fence bordering on Bay Road, and for such purpose and to the extent required, to apply the unexpended balance of the money received on an insurance damage claim, or take any other action thereon or rela- tive thereto."


Moved by Mr. John Walke and duly seconded: "That the Cemetery Commissioners be authorized to replace a section of the existing fence bordering the cemetery on Bay Road, and in payment therefor, apply to the extent required the unexpended balance of money received on an insurance damage claim."


Voice vote. Motion unanimously carried.


Article 25. Moderator : "To see if the Town will vote to authorize the Committee For Uses of Depot Square property to raze, or to sell, or otherwise dispose of the existing railroad station and baggage build- ings located in Depot Square and to construct in the area now occupied by the existing station building a one-story station building with appur- tenant facilities and in connection therewith to employ an architect and to make contracts; and for the foregoing purpose to raise and ap- propriate a sum of money, or take any other action thereon or relative thereto."


Moved by Mr. Elmer Smith and duly seconded : "That the Com- mittee for uses of Depot Square Property be authorized to raze the


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existing railroad station buildings located in Depot Square, to construct in the area now occupied by the station a one-story station building with appurtenant facilities, and for such purposes to employ an architect and make contracts and that there be appropriated therefor the sum of $12,000."


Moved by Mr. Lawrence Lamson and duly seconded that the motion be amended by substituting therefor the following: "That the Town raise and appropriate the sum of $2000 to raze the railroad station in Depot Square, to alter the baggage building so that it will be usable as a temporary shelter for commuters, and to grade the site of the railroad building and improve the approach to the proposed shelter, the work to be done by the Committee for Uses of Depot Square Property with the advice of the Selectmen."


Moderator: "The vote is on the motion to amend the main motion by substituting the following : The Town raise and appropriate the sum of $2000 to raze the railroad station in Depot Square, to alter the bag- gage building so that it will be usable as a temporary shelter for com- muters, and to grade the site of the railroad building and improve the approach to the proposed shelter, the work to be done by the Committee for Uses of Depot Square Property with the advice of the Selectmen."


Voice vote. Amendment carried.


Moderator: We now vote on the main motion. "That the Town raise and appropriate the sum of $2000 to raze the railroad station in Depot Square, alter the baggage building so that it will be usable as a temporary shelter for commuters and to grade the site of the railroad building and improve the approach to the proposed shelter, the work to be done by the Committee for Uses of Depot Square Property with the advice of the Selectmen."


Voice vote. Motion carried.


Article 26. Moderator: "To see if the Town will vote to authorize a special unpaid committee of residents to be appointed by the Moder- ator, such committee to take over all the duties of the Committee For Uses of Depot Square Property, except such as may be given to them by action of the Town under the foregoing Article 25 of this Warrant, or in the alternative. to continue the present committee, to study uses and improvements of the Town property in Depot Square and the uses and improvements of the Town land and land of others located on the easterly side of the railroad tracks and opposite to the Depot Square property of the Town, and to raise and appropriate a sum of money for expenses, engineers and architects fees, or take any other action thereon or relative thereto."


Moved by Mrs. Neary and duly seconded : "That the Committee for Uses of Depot Square Property be continued, and that the Moderator


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be authorized to appoint an additional two members to and to fill vacan- cies in the Committee with all its present duties and functions and with the additional duty of studying uses and improvements of the Town's land and land of others located on the easterly side of the railroad track opposite Depot Square, and to report their recommendations thereon to the Town not later than the next annual town meeting (and for the fore- going purposes, to authorize said Committee to employ an engineer and architect, and the sum of $750 be appropriated therefor)."


Moved by Mr. Lawrence Lamson and duly seconded : "That the motion remain intact but be amended to remove the sum of money so the motion will end 'the next annual town meeting'."


Moderator: "The vote is on the motion to amend the main motion to delete the last three lines, which is that the Committee for Uses of Depot Square Property be continued, and that the Moderator be author- ized to appoint an additional two members to and to fill vacancies in the Committee with all its present duties and functions and with the addi- tional duty of studying uses and improvements to the Town's land and land of others located on the easterly side of the railroad track opposite Depot Square, and to report their recommendations thereon to the Town not later than the next annual Town meeting."


Voice vote. Motion carried.


Moderator : "Now we will vote on the main motion as amended - to see that the Committee for Uses of Depot Square Property be con- tinued, and that the Moderator be authorized to appoint an additional two members and to fill vacancies in the Committee with all its present duties and functions and with the additional duty of studying uses and improvements to the Town's land and land of others located on the easterly side of the railroad track opposite Depot Square, and to report their recommendations there on to the Town not later than the next annual Town meeting."


Voice vote. Motion carried.


Article 27. Moderator : "To see if the Town will vote to authorize the Board of Selectmen (or Health) to enter into a long-term lease agree- ment with Park Street Church for land on Chebacco Road to be used as a town dump, or take any other action thereon or relative thereto."


Moved by Mr. Lawrence Lamson and duly seconded: "That the selectmen be authorized on behalf of the Town to enter into a long-term lease agreement with Park Street Church for approximately 16 acres of land on Chebacco Road to be used as a town dump at an annual rental of $500, and with such other provisions as the selectmen shall approve."


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Voice vote. Motion unanimously carried.


Article 28. Moderator: "To see if the Town will vote to create a stabilization fund by appropriating a sum of money for such purpose, provided that such sum shall equal 60.96% of the total sums appropri- ated for the purpose of creating stabilization funds by Hamilton and Wenham at their respective annual Town meetings for 1961, or take any other action thereon or relative thereto."


Moved by Mr. Sears and duly seconded that no action be taken on this article.


Voice vote. Motion carried.


Article 29 skipped as there is no stabilization fund.


Article 30. Moderator : "To see if the Town will vote to amend the Town by-laws by adding to Chapter 10, a new section to be designated Section 9, as follows :


9. No person shall commit any wanton or malicious act on the premises of another or invade the privacy of any person on such premises by looking in the window of any house, or spying upon any person. Nothing contained in this section shall abridge or in any way limit the right of a police officer to enter upon private property in the performance of his official duties,




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