USA > Massachusetts > Essex County > Lynnfield > Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1931-1940 > Part 35
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Art. 29. To see if the Town will vote to amend the zoning by- law by inserting after Section Five thereof the following new section: Section 5A. The removal, for sale, from a residence district, or from one place to another in such district, of sod, loam, clay, sand, gravel or quarried stone forming a part of the real estate in such district, except when necessarily incidental to or in connection with the construction, at the site of removal, of a building for which a permit has been issued, or for grading or otherwise improving the premises of which such building is a part, shall be permitted only if written permission of the Board of Appeals be first obtained. Any person desiring to obtain the permission of said Board for such purpose shall make written applica- tion therefor, and the said Board shall hold a public hearing thereon, of which public notice shall be given, and render a decision. The ap- plicant shall show, to the satisfaction of said Board, that such use of the premises for which such application is made shall not constitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, shall not be hazardous because of fire or explosion, shall not adversely affect the economic status of the town, shall not tend to impair the beauty of the town or of the district most immediately affected, and shall not be dangerous to the public health. When, in the opinion of the Board, such a permit may be granted if accompanied by conditions especially designed to safeguard the district and the town, including protection against permanent and temporary situations which may be left or arise after operations are completed or because of the methods of handling such material at the site, or transporting such material through the town, it shall impose
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REPORT OF TOWN CLERK
such conditions and make them a part of the permit. The Board may, after a hearing and proof of violation of such conditions or any of the terms of the permit, withdraw the permit, after which the use shall be discontinued.
Motion to indefinitely postpone action on the Article, made by E. M. Fletcher, was defeated.
Voted: On motion made by W. W. Moxham, that the zoning by-law be amended by inserting after Section 5 thereof, the following new section: Section 5A. The removal, for sale, from a residence district, or from one place to another in such district, of sod, loam, clay, sand, gravel or quarried stone forming a part of the real estate in such district, except when necessarily incidental to or in connection with the construction, at the site of removal, of a building for which a permit has been issued, or for grading or otherwise improving the premises of which such building is a part, shall be permitted only if written permission of the Board of Appeals be first obtained. Any person desiring to obtain the permission of said Board for such purpose shall make written applica- tion therefor, and the said Board shall hold a public hearing thereon, of which public notice/shall be given, and render a decision. The ap- plicant shall show, to the satisfaction of said Board, that such use of the premises for which such application is made shall not constitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, shall not be hazardous because of fire or explosion, shall not adversely affect the economic status of the town, shall not tend to impair the beauty of the town or of the district most immediately affected, and shall not be dangerous to the public health. When, in the opinion of the Board, such a permit may be granted if accompanied by conditions especially designed to safeguard the district and the town, including protection against permanent and temporary situations which may be left or arise after operations are completed or because of the methods of handling such material at the site, or transporting such material through the town, it shall impose such conditions and make them a part of the permit. The Board may, after a hearing and proof of violation of such conditions or any of the terms of the permit, withdraw the permit, after which the use shall be discontinued.
The Moderator appointed C. H. Russell, L. B. Tuck and R. R. Pearson as Tellers.
An amendment, offered by J. Fletcher, that no soil, gravel, sand, or other material shall be removed within 200 feet of the highway boundary line, was defeated.
A report of a hearing held by the Planning Board, with their recommendations, was made.
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TOWN OF LYNNFIELD
The original motion was then voted upon and carried, 159 voting in the affirmative and 43 in the negative, the total vote being 202.
Motion was made by M. H. Carter, that action on Article 27 be reconsidered, and the motion was lost.
Art. 30. To see if the Town will vote to raise and appropriate a sum of money to paint and repair the Centre Library, or what action it will take thereon.
Motion made by W. W. Grace, that the Town vote to raise and appropriate the sum of $350 to repair and shingle the Centre Library, was amended by H. A. Haskell, that the Library Trustees be asked to call for public bids, and the motion as amended was carried.
Art. 31. To see if the Town will vote to raise and appropriate the sum of $125 for waterproofing the water cistern on Arlington Street, or what action it will take thereon.
Voted: On motion by M. H. Doremus, to indefinitely postpone action on the Article.
Art. 32. To see if the Town will vote to authorize the Selectmen to purchase, for cemetery purposes, a tract of land, containing approxi- mately four acres, belonging to Frank H. Thorndike and situated on the southwesterly side of Essex Street, and raise and appropriate a sum of money therefor.
Voted: On motion by J. Ward, that the Town raise and appropriate the sum of $200, that the Selectmen and Cemetery Commissioners be instructed to obtain an option on the purchase of the tract of land containing approximately four acres, for cemetery purposes, from Frank H. Thorndike, and situated on the southwesterly side of Essex Street, said option to be to purchase said land on or before April 1, 1937, at a price not to exceed $1800; an amendment offered by T. M. Huse to indefinitely postpone action being lost.
Art. 33. To see if the Town will vote to approve the following regulation, adopted February 3, 1936, by the Board of Cemetery Com- missioners. To wit: "That all cemetery lots or subdivisions in the Town's existing cemeteries, and in any land hereafter acquired and set apart by the Town for a cemetery, shall be laid out in such sizes and be sold for such uniform prices as this Board and its successors in office shall from time to time deem expedient."
Voted: On motion by R. R. Pearson, that the Town approve the regulations, adopted Feb. 3, 1936, by the Board of Cemetery Commis- sioners.
Art. 34. To see if the Town will vote to raise and appropriate a sum of money to purchase and plant new shade trees along the high- way, or what action it will take thereon.
Motion by M. H. Doremus, that the Town vote to raise and ap- propriate the sum of $100 to purchase and plant new shade trees along
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REPORT OF TOWN CLERK
the highway, was amended by J. Ward, that action be indefinitely postponed, and the amendment was carried.
Art. 35. To see if the Town will vote to raise and appropriate the sum of $350 to purchase and install a master fire alarm box for the Centre Fire Station, or what action it will take thereon.
Voted: On motion by J. Ward, to indefinitely postpone action on the Article.
Art. 36. To see if the Town will vote to authorize the Selectmen to sell a tract of land located on Lowell Street, now owned by the Town of Lynnfield, or what action it will take thereon.
Voted: On motion by C. H. Russell, that the Town authorize the Selectmen to sell the tract of land located on Lowell Street, now owned by the Town of Lynnfield, at such terms as they can arrange.
Art. 37. To see if the Town will vote to authorize the Selectmen to sell, after first giving notice of the time and place of sale by posting such notice of sale in some convenient and public place in the Town fourteen days at least before the sale, property taken by the Town under Tax Title procedure provided that the Selectmen or whomsoever they may authorize to hold such public auction may reject any bid which they deem inadequate, or take any action relative thereto.
Voted: On motion by C. H. Russell, that the Town authorize the Selectmen to sell, after first giving notice of the time and place of sale, by posting such notice of sale in some convenient and public place in the town, fourteen days at least before the sale, property taken by the Town under Tax Title Procedure, provided that the Selectmen or whomsoever they may authorize to hold such public auction, be given full authority to reject any bid which they deem inadequate.
All articles on the warrant having been disposed of the meeting was dissolved at 10.10 o'clock P. M.
Recorded March 11, 1936.
FRED. I. WILKINS,
Town Clerk.
AMENDMENT TO ZONING BY-LAW ADOPTED MARCH 9, 1936 March 12, 1936.
I, Fred I. Wilkins, Town Clerk of the Town of Lynnfield, Massachu- setts, hereby certify that the Annual Town Meeting was duly called and held at 7.30 o'clock in the evening on Monday, March 9, 1936, that attached hereto marked "A" is an attested copy of Article 29 of the Warrant for said meeting; that attached hereto marked "B" is a certificate of the Secretary of the Planning Board of said Town with reference to a public hearing concerning Article 29, the nature thereof and time and place of holding same; that attached hereto
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TOWN OF LYNNFIELD
marked "C" are two copies of duly attested vote passed at said meeting acting under said Article 29 and setting forth that 202 votes were cast, of which 159 voted in the affirmative and 43 in the negative; that before said vote was taken the Planning Board made a final report to said meeting as required by Section 27 of Chapter 40 of the General Laws, and unanimously recommended the adoption of the amendment. A true copy,
Attest:
FRED. I. WILKINS, Town Clerk.
"A"
I, Fred I. Wilkins, Town Clerk of the Town of Lynnfield, Massachu- setts, hereby certify that the Annual Town Meeting was duly called and held at 7.30 o'clock in the evening on Monday, March 9, 1936, and that the following is a true copy of Article 29 of the Warrant for said meeting.
Art. 29. To see if the Town will vote to amend the zoning by- law by inserting after Section Five thereof the following new section: Section 5A. The removal, for sale, from a residence district, or from one place to another in such district, of sod, loam, clay, sand, gravel or quarried stone forming a part of the real estate in such district, except when necessarily incidental to or in connection with the construction, at the site of removal, of a building for which a permit has been issued, or for grading or otherwise improving the premises of which such building is a part, shall be permitted only if written permission of the Board of Appeals be first obtained. Any person desiring to obtain the permission of said Board for such purpose shall make written applica- tion therefor, and the said Board shall hold a public hearing thereon, of which public notice shall be given, and render a decision. The ap- plicant shall show, to the satisfaction of said Board, that such use of the premises for which such application is made shall not constitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, shall not be hazardous because of fire or explosion, shall not adversely affect the economic status of the town, shall not tend to impair the beauty of the town or of the district most immediately affected, and shall not be dangerous to the public health. When, in the opinion of the Board, such a permit may be granted if accompanied by conditions especially designed to safeguard the district and the town, including protection against permanent and temporary situations which may be left or arise after operations are completed or because of the methods of handling such material at the site, or transporting such material through the town, it shall impose such conditions and make them a part of the permit. The Board may,
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REPORT OF TOWN CLERK
after a hearing and proof of violation of such conditions or any of the terms of the permit, withdraw the permit, after which the use shall be. discontinued. A true copy,
Attest :
FRED. I. WILKINS, Town Clerk.
"B"
As required by the General Laws of the Commonwealth, the Plan- ning Board held a public hearing at the Town Hall on Saturday, February 29, in the matter of the proposed amendment to the zoning by-law, as set forth in Article 29 of the Warrant for the Annual Town Meeting. Notice of the hearing was given by publication in the Daily Evening Item, a newspaper published in the county and circulated in the town, and by posting notice of the hearing in three places in the town.
Last spring, in one part of the town the townspeople found that, without any notice to them and without any opportunity to protest, gravel and loam were being removed from a parcel of land in a resi- dential district; a steam shovel was at work early in the morning, constantly during the day, and late at night, and heavy trucks were being loaded with gravel and loam and proceeded through the town streets, with resulting damage to surrounding property, danger to chil- dren by the increased traffic and the high speed of the heavily-loaded trucks. Those whose homes were in the immediate vicinity were seriously disturbed by the noise and' confusion from early morning until late at night. The land has been left in a condition which may well result in further damage to surrounding property by the washing away of soil into the hole which has been left.
The Planning Board unanimously recommend the adoption of this amendment in order that similar instances may be either prevented or controlled in the future. The adoption of this new section will not prevent any proper removal of sod, loam, gravel, etc., as the Board of Appeals is given authority to permit such removal when in its opinion no damage to the town or to surrounding property will result; and the Board may establish such conditions connected with the removal as to prevent the operations from being carried on at times of the day when disturbance will be caused to those living adjacent to the prop- erty from which the materials are to be removed, requiring that the operation be performed in such manner as not to create an unnecessary amount of noise, dust, traffic danger, and other hazards, and may require that the property be left in such condition that danger to surrounding land will not result by the removal of the materials.
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TOWN OF LYNNFIELD
In the opinion of the Board, no injury is done to any real estate owner, as the amendment proposed simply requires an application for permit, with the required notice to persons who are or may be affected, and the Board of Appeals is authorized to issue the permit if it appears that no harm is likely to result. It seems to the Board that there is as much reason for requiring a permit for such operations as there is for requiring a permit for the construction of a dwelling house or other building.
Respectfully submitted, LOUIS B. TUCK, Secretary.
A true copy,
Attest:
FRED. I. WILKINS, Town Clerk.
"C"
Extracts from the records of the Town of Lynnfield, Massachusetts, relative to vote passed acting under Article 29 at the Annual Town Meeting held Monday evening, March 9, 1936, at 7.30 o'clock.
Voted: On motion made by W. W. Moxham, that the zoning by-law be amended by inserting after Section 5 thereof, the following new section: Section 5A. The removal, for sale, from a residence district, or from one place to another in such district, of sod, loam, clay, sand, gravel or quarried stone forming a part of the real estate in such district, except when necessarily incidental to or in connection with the construction, at the site of removal, of a building for which a permit has been issued, or for grading or otherwise improving the premises of which such building is a part, shall be permitted only if written permission of the Board of Appeals be first obtained. Any person desiring to obtain the permission of said Board for such purpose shall make written applica- tion therefor, and the said Board shall hold a public hearing thereon, of which public notice shall be given, and render a decision. The ap- plicant shall show, to the satisfaction of said Board, that such use of the premises for which such application is made shall not constitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, shall not be hazardous because of fire or explosion, shall not adversely affect the economic status of the town, shall not tend to impair the beauty of the town or of the district most immediately affected, and shall not be dangerous to the public health. When, in the opinion of the Board, such a permit may be granted if accompanied by conditions especially designed to safeguard the district and the town, including protection against permanent and temporary situations which may be left or arise after operations are completed or because of the methods of handling such material at the
21
REPORT OF TOWN CLERK
site, or transporting such material through the town, it shall impose such conditions and make them a part of the permit. The Board may, after a hearing and proof of violation of such conditions or any of the terms of the permit, withdraw the permit, after which the use shall be discontinued.
The Moderator appointed C. H. Russell, L. B. Tuck and R. R. Pearson as tellers.
An amendment offered by J. Fletcher, that no soil, gravel, sand or other materials shall be removed within 200 feet of the highway bound- ary line was lost. The original motion was called for and voted upon, 159 voting in the affirmative and 43 in the negative, the total vote being 202.
A true copy.
Attest:
FRED. I. WILKINS, Town Clerk. Boston, April 3, 1936.
The foregoing by-law is hereby approved.
PAUL A. DEVER, Attorney General.
RECORD OF SPECIAL TOWN MEETING HELD JUNE 15, 1936 CALLED AT 7.30 O'CLOCK, P. M.
The Moderator opened the meeting at 7.40 P. M., when he read the Warrant and Constable's Return and took up Article 1 for consideration.
Article 1. To see if the Town will vote to raise and appropriate a sum of $2,500.00, said sum to be used with sums allotted by the County of Essex and the Commonwealth of Massachusetts in resurfacing shoulders and repairing of Salem Street, in accordance with the pro- vision of Chapter 90, of the General Laws.
Motion was made by C. A. Studley, that the Town vote to raise and appropriate the sum of $2,500 to be used with sums allotted by the County of Essex and the State of Massachusetts, in resurfacing shoul- ders and repairing of Salem Street, in accordance with the provisions of Chapter 90, of the General Laws; and the motion was carried by a unanimous vote.
Art. 2. To see if the Town will vote to raise and appropriate a sum of money covering cost of changes in the location of Fire Alarm System caused by the rebuilding of the Newburyport Turnpike.
Motion was made by J. D. McNamara, that the Town vote to raise and appropriate the sum of $400 to cover the cost of changes in the
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TOWN OF LYNNFIELD
location of the Fire Alarm System, caused by the rebuilding of the Newburyport Turnpike, was carried unanimously.
All Articles in the Warrant having been acted upon, the meeting was dissolved at 7.48 P. M.
Recorded June 16, 1936.
FRED. I. WILKINS, Town Clerk.
APPROPRIATIONS TO BE RAISED IN THE TAX LEVY OF THE CURRENT YEAR, VOTED AT THE TOWN MEETING HELD MARCH 9, 1936
Article 4. General Government
$
7,595.00
Article 5. Police Department 3,900.00
Article 6. Maintenance of Fire Department 3,900.00
Article
7.
Hydrant Rental
1,100.00
Article
8.
Other Protection of Persons and Property
Sealer of Weights and Measures
Salary
$ 75.00
Expenses
10.00
$ 85.00
Inspector of Buildings
Salary
$125.00
Expenses
35.00
$160.00
Dog Officer
Salary
$ 35.00
Expenses
25.00
$ 60.00
305.00
Article 9. State Moth Assessment
1,614.33
Article 10. Private Moth Work
350.00
Article 11. Tree Warden
400.00
Article 12. Health and Sanitation, including
Board of Health
Salary
$ 25.00
Expenses
5.00
$ 30.00
Inspector of Animals
Salary
$ 40.00
Expenses
20.00
$ 60.00
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REPORT OF TOWN CLERK
Inspector of Milk
Salary
$ 20.00
Expenses
5.00
$ 25.00
Health Officer
$200.00
Article 13. Highway Department
8,500.00
Article 15.
Welfare and Old Age Assistance
10,000.00
Article 16. School Department
40,000.00
Article 17.
Public Library
800.00
Article 19. Park Department, $150 to be used for care of children in both parts of the town in summer
600.00
Article 20.
Memorial Day Observance
175.00
Article 21.
Maintenance of Essex County Sanatorium
1,221.09
Article 22.
Reserve Fund
3,000.00
Article 23.
650.00
Article 24.
Cemetery Commissioners, for care of cemeteries Payment of Maturing Notes
4,000.00
Article 25.
Payments of Interest on Debts and Loans
500.00
Article 26.
Government and Relief Projects
2,000.00
Article 28.
Reconstruction Work on Salem Street
2,500.00
Article 30. Repairs on Centre Library
350.00
Article 32. Option on Thorndike land for cemetery purposes
200.00
Total to be raised in Levy
$ 97,650.42
Article 18. Dog License Refund appropriated to support of Libraries
313.19
Total appropriations $ 97,963.61
FRED. I. WILKINS, Town Clerk.
APPROPRIATION VOTED AT SPECIAL TOWN MEETING
HELD MONDAY, JANUARY 13, 1936
To be raised in the Tax Levy of 1936.
Article 1. For Purchase of a Fire Pumping Engine and Equipment $ 3,000.00
To be raised on notes maturing within two years of the date of the first note, for said purpose $ 5,000.00
FRED. I. WILKINS, Town Clerk.
315.00
Article 14. Street Lighting
3,675.00
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TOWN OF LYNNFIELD
APPROPRIATIONS VOTED AT THE SPECIAL TOWN MEETING HELD JUNE 15, 1936
Article 1. For resurfacing shoulders, and repairing of
Salem Street
$
2,500.00
Article 2. To cover cost of changing location of Fire Alarm System caused by rebuilding of the Newbury- port Turnpike $ 400.00
.
FRED. I. WILKINS,
Town Clerk.
WARRANT FOR PRE-PRIMARY THE COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
To either of the Constables of the Town of Lynnfield, Greeting : In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to meet in the Town Hall, in Precinct 1, and in Chemical Hall, No. 2, in Precinct 2, on
Tuesday, the Twenty-eighth Day of April, 1936, at 4.00 o'clock, P. M., for the following purposes:
To bring in their votes to the Primary Officers for the Election of Candidates of Political Parties for the following offices:
8 Delegates at Large to the National Convention of the Democratic Party.
8 Alternate Delegates at Large to the National Convention of the Democratic Party.
4 Delegates at Large to the National Convention of the Republican Party.
4 Alternate Delegates at Large to the National Convention of the Republican Party.
2 District Delegates to the National Convention of the Democratic Party, 7th Congressional Dist.
2 Alternate District Delegates to the National Convention of the Demo- cratic Party, 7th Congressional Dist.
2 District Delegates to the National Convention of the Republican Party, 7th Congressional Dist.
1 District Delegate to the National Convention of the Republican Party, 11th Congressional Dist.
2 Alternate District Delegates to the National Convention of the Repub- lican Party, 7th Congressional Dist.
1 Alternate District Delegate to the National Convention of the Repub- lican Party, 11th Congressional Dist.
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REPORT OF TOWN CLERK
PRESIDENTIAL PREFERENCE
Preference for Democratic Candidate for President of the United States.
Preference for Republican Candidate for President of the United States.
District Member of State Committee for each political party for the 3rd Essex Senatorial District.
15 Members of the Democratic Town Committee.
12 Members of the Republican Town Committee.
1 Delegate to State Convention of the Democratic Party.
1 Delegate to State Convention of the Republican Party.
All the above candidates are to be voted for upon one ballot.
The polls will be open from four o'clock, P. M., to eight o'clock, P. M. And you are directed to serve this warrant by posting attested copies thereof seven days at least before the time of said meeting as directed by vote of the town.
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting.
Given under our hands this first day of April, A. D., 1936.
CLARENCE A. STUDLEY, GEORGE W. PEAVEY, EVERETT S. WEBSTER, Selectmen of Lynnfield.
A true copy.
Attest: ALBERT G. TEDFORD, Constable. Lynnfield, April 4, 1936.
RESULT OF PRE-PRIMARY HELD APRIL 28, 1936
The Election Officers serving were as follows:
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