Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1941-1948, Part 2

Author: Lynnfield (Mass.)
Publication date: 1941-1948
Publisher: The Town
Number of Pages: 1064


USA > Massachusetts > Essex County > Lynnfield > Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1941-1948 > Part 2


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and that the Town raise and appropriate the sum of five hundred ($500.00) in payment for said land, and that the Board of Selectmen be and they hereby are authorized to pay said sum to said Susan B. Taylor on delivery by her of deed to the Town covering the Property.


An amendment was offered by C. Russell that the sum of $500.00 be transferred from the Excess and Deficiency Fund for the purpose stated, which was carried.


Art. 46. To see if the Town will vote to raise and appropriate a sum of money to build a set of bleachers at Suntaug Park, same to be spent under the supervision of the Selectmen.


Voted: On motion by A. H. Riggs that the Town raise and appro- priate the sum of $500.00 to build a set of bleachers at Suntaug Park, same to be spent under the supervision of the Selectmen.


Art. 47. To see if the Town will vote to accept Section 48 of Chapter 31 of the General Laws, Ter. Ed. so that the regular or permanent police force will become classified under the Civil Service rules of this Com- monwealth within the meaning of the provisions of the Civil Service Law respecting police officers.


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TOWN OF LYNNFIELD


Art. 48. To see if the Town will vote to accept Section 49 of Chapter 31 of the General Laws, Ter. Ed. so that the Chief of Police may become classified under the Civil Service rules of this Commonwealth within the meaning of the provisions of the Civil Service Laws respecting Chiefs of Police.


It was voted on motion by G. Trayers that Articles 47 and 48 be taken up jointly.


Voted: On motion by G. Trayers that the Town vote to accept Section 48 of Chapter 31 of the General Laws, Ter. Ed. so that the regular or permanent police force will become classified under the Civil Service rules of this Commonwealth within the meaning of the pro- visions of the Civil Service Law respecting police officers; that the Town vote to accept Section 49 of Chapter 31 of the General Laws, Ter. Ed. so that the Chief of Police may become classified under the Civil Service rules of this Commonwealth within the meaning of the pro- visions of the Civil Service Laws respecting Chiefs of Police.


Art. 49. To see if the Town will vote to adopt the following by-law:


There shall be a Board of Appeals consisting of three persons, inhabitants of the Town. The members shall be appointed by the Board of Selectmen. They shall hold office for a term of three years, except that, when the Board is first established hereunder, one mem- ber shall be appointed for a term of one year; one member shall be appointed for a term of two years; and one member shall be ap- pointed for a term of three years.


The Board of Selectmen shall also appoint three persons, in- habitants of the Town, associate members of said Board of Appeals, who shall hold office for a term of three years, except that, when associate members are first appointed hereunder, one shall be ap- pointed for a term of one year; one shall be appointed for a term of two years; and one shall be appointed for a term of three years. In case of vacancy, inability to act, or interest on the part of any member of the Board of Appeals, his place shall be taken by an as- sociate member.


The Board established hereunder shall act as the Board of Appeals. under the local building and zoning by-laws respectively, and under General Laws, Chapter 41, Section 81 I.


The Board of Appeals shall have all of the powers and perform all of the duties conferred or imposed upon it under the applicable provisions of the General Laws of the Commonwealth of Massa- chusetts.


All provisions of the building by-laws and the zoning by-laws for the establishment of a Board of Appeals, the number of mem- bers thereof, their terms of office, and their powers and duties so


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REPORT OF TOWN CLERK


far as the same are inconsistent herewith are hereby repealed and this by-law is established in place thereof and in substitution there- for.


A report of the Planning Board was read by L. B. Tuck.


Motion was made by N. B. Todd that the Town vote to adopt the following by-law:


There shall be a Board of Appeals consisting of three persons, inhabitants of the Town. The members shall be appointed by the Board of Selectmen. They shall hold office for a term of three years, except that, when the Board is first established hereunder, one mem- ber shall be appointed for a term of one year; one member shall be appointed for a term of two years; and one member shall be ap- pointed for a term of three years.


The Board of Selectmen shall also appoint three persons, in- habitants of the Town, associate members of said Board of Appeals, who shall hold office for a term of three years, except that, when associate members are first appointed hereunder, one shall be ap- pointed for a term of one year; one shall be appointed for a term of two years; and one shall be appointed for a term of three years. In case of vacancy, inability to act, or interest on the part of any member of the Board of Appeals, his place shall be taken by an as- sociate member.


The Board established hereunder shall act as the Board of Appeals under the local building and zoning by-laws respectively, and under General Laws, Chapter 41, Section 81 I.


The Board of Appeals shall have all of the powers and perform all of the duties conferred or imposed upon it under the applicable provisions of the General Laws of the Commonwealth of Massa- chusetts.


All provisions of the building by-laws and the zoning by-laws for the establishment of a Board of Appeals, the number of mem- bers thereof, their terms of office, and their powers and duties so far as the same are inconsistent herewith are hereby repealed and this by-law is established in place thereof and in substitution there- for.


Tellers were appointed and a vote taken, 154 voting in the affirm- ative and 0 in the negative.


Art. 50. To see if the Town will vote to appoint a committee to consider the need and requirement of the Fire Department, for a new building, to properly house the equipment, and also in their sur- vey to consider a combined building for both Fire and Police needs, and appropriate the sum of $50.00 to defray cost of tentative plans and specifications.


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TOWN OF LYNNFIELD


Motion was made by W. W. Moxham that the Town vote to appoint a committee to consider the need and requirement of the Fire Depart- ment, for a new building to properly house the equipment, and also in their survey to consider a combined building for both Fire and Police needs, and appropriate the sum of $50.00 to defray cost of tentative plans and specifications, was amended by C. Russell that the subject be referred to the Planning Board to be reported on at a further Town Meeting. The motion as amended was carried.


Art. 51. To see if the Town will vote to raise and appropriate a sum of money to be expended by the Board of Health, to defray the expenses of collecting garbage in the Town of Lynnfield.


It was voted on motion by F. W. Lichtenberg that action on Article 51 be indefinitely postponed.


Art. 52. To see if the Town will vote to raise and appropriate a sum of money to be used by the Planning Board.


Voted: On motion by L. B. Tuck that the Town raise and appro- priate the sum of $150.00 to be used by the Planning Board.


Art 53. To see if the Town will vote to authorize the Board of Selectmen to appoint one of their number to the position of Chief of Police and determine his compensation, as provided by Section 4-A, Chapter 41 of the General Laws.


Art. 54. To see if the Town will vote to authorize the Board of Selectmen to appoint one of their number as Deputy Chief of the Fire Department with the approval of the Chief of the Fire Department, and determine his compensation as provided by Section 4-A, Chapter 41 of the General Laws.


Article 55. To see if the Town will vote to authorize the Board of Selectmen to appoint one of their number to the position of Clerk of Public Welfare and determine his compensation, as provided by Section 4-A, Chapter 41 of the General Laws.


Voted: On motion by F. W. Lichtenberg that Articles 53, 54 and 55 be taken up jointly.


Voted: On motion by N. B. Todd that the Town vote to authorize the Board of Selectmen to appoint one of their number to the position of Chief of Police, one of their number as Deputy Chief of the Fire Department, and one of their number to the position of Clerk of Public Welfare, as set forth in Articles 53, 54 and 55.


Art. 56. To see if the Town will vote to re-zone and establish as a business district the following parcel of land, now within a residential district on the southerly side of Lynnfield Street, viz: Beginning at a point 460.60 feet from the Massachusetts Highway Boundary marker


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REPORT OF TOWN CLERK


on Lynnfield Street, thence running westerly 183.45 feet on Lynnfield Street to land now or formerly of Reeg, thence running southerly by land now or formerly of Reeg 125.56 feet to land now or formerly of Leona M. Vandenkerckhoven, thence running easterly by land now or formerly of Leona M. Vandenkerckhoven, 164.86 feet to land now or formerly of Louise F. Hibbard 157.88 feet to the point of beginning :- or what action it will take thereon.


A report of the Planning Board was read by the Chairman, Louis B. Tuck, before action was taken on Article 56.


Voted: On motion by L. B. Tuck that the Town vote to re-zone and establish as a business district the following parcel of land, now within a residential district on the southerly side of Lynnfield Street, viz: Beginning at a point 460.60 feet from the Massachusetts Highway Boundary marker on Lynnfield Street, thence running westerly 183.45 feet on Lynnfield Street to land now or formerly of Reeg, thence running southerly by land now or formerly of Reeg 125.56 feet to land now or formerly of Leona M. Vandenkerckhoven, thence running easterly by land now or formerly of Leona M. Vandenkerckhoven, 164.86 feet to land now or formerly of Louise F. Hibbard 157.88 feet to the point of beginning.


Tellers were appointed and a vote taken, with a result of 113 voting in the affirmative and 12 voting in the negative.


Art. 57. To see if the Town will vote to amend the zoning by-law of the Town by striking out Paragraph D of Section II thereof, and sub- stituting therefor the following new paragraph:


"D. No dwelling shall be erected or placed on a lot unless the lot has a street frontage of not less than eighty feet upon the street or way, public or private, and an area of not less than 8,000 square feet, pro- vided that in cases where substantial injury will not be done to sur- rounding property, the Board of Appeals may, in accordance with the provisions of Section 30, Chapter 40, of the General Laws, permit the erection or placing of a dwelling on any lot heretofore laid out which does not at the time this paragraph is adopted comply with the fore- going minimum requirements. No lot with a building thereon shall be changed in size so as to violate the provisions of this Paragraph, and no lot area or frontage shall at any time be considered as the required area or frontage for more than one dwelling."


Voted: On motion by C. Russell to indefinitely postpone action on Article 57.


Art. 58. To see if the Town will vote to raise and appropriate a sum of money to be used by the School Committee for Playground Supervision.


On motion by E. Averell that the Town raise and appropriate the sum of $500.00 to be used by the School Committee for Playground Supervision,


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TOWN OF LYNNFIELD


All articles in the Warrant having been disposed of the meeting was dissolved at 11:50 p.m.


HARRY W. HIGGINS, Town Clerk.


Articles 49 and 56 were approved by Robert T. Bushnell, Attorney General, April 18, 1941.


Attest. HARRY W. HIGGINS,


Town Clerk.


APPROPRIATIONS TO BE RAISED IN THE TAX LEVY OF THE CURRENT YEAR VOTED AT THE ANNUAL TOWN MEETING, MARCH 3, 1941


Article 4 General Government Expense


$ 10,645.00


Article 5 Police Department


6,400.00


Article 6 Fire Department


5,000.00


Article 7 Hydrant Rental


2,950.00


Article 8 Other Protection of Persons and Property


410.00


Article 9 State Moth Assessment


2,500.00


Article 10


Private Moth Work


300.00


Article 11


Trimming and Care of Trees


500.00


Article 12


Purchasing and Planting of Trees


200.00


Article 13


Health and Sanitation


370.00


Article 14


Highway Department


12,500.00


Article 15


To Chapter 90 (Highways)


1,500.00


Article 16


Reconstructing Summer St. (Chap. 90)


3,750.00


Article 17


Cutting Brush on Highway


350.00


Article 18


Welfare Department


5,500.00


Article 19


Aid to Dependent Children


700.00


Article 20


Old Age Assistance Bureau


10,650.00


Article 21


Soldiers' Relief


2,000.00


Article 22


School Department


51,500.00


Article 23


Memorial Park


350.00


Article 24


Public Libraries


850.00


Article 26


Park Department


500.00


Article 27


Observance of Memorial Day


200.00


Article 28


Maintenance of Essex Sanatorium


1,633.75


Article 29 Reserve Fund


1,500.00


Article 30


Care of Cemeteries


750.00


Article 33


Government and Relief Projects


2,500.00


Article 34 Expense of Street Lighting


4,172.00


Article 38


Purchase of Highway Dept. Truck


500.00


Article 41


Printing of Building and Zoning Laws


88.00


Article 42


Forest Fire Truck


2,000.00


Article 43


Police Truck


2,500.00


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REPORT OF TOWN CLERK


Article 44 Insurance Survey 100.00


Article 46 Suntaug Park Bleachers 500.00


Article 52 Planning Board Survey 150.00


Article 58 Playground Supervision 500.00


Total Amount To Be Raised in 1941 Tax Levy


$136,518.75


Article 25 Refund on Dog Licenses for Year 1940


474.14


Article 31 Transfer from Excess and Deficiency Fund


for Payment of Maturing Notes 3,000.00


Article 32 Transfer from Excess and Deficiency Fund


for Interest on Debts and Loans


600.00


Article 38 Transfer from Machinery Account (Highway Dept.) 700.00


Article 39 Transfer from Excess and Deficiency Fund for School Department 2,100.00


Article 40 Transfer from Excess and Deficiency Fund


for Purchase of School Site 2,000.00


Article 45 Transfer from Excess and Deficiency Fund


to purchase land adjoining Memorial Park 500.00


Total Appropriations $145,892.89


HARRY W. HIGGINS, Town Clerk.


RECORD OF SPECIAL TOWN MEETING HELD JANUARY 27, 1941


The meeting was opened by the Moderator at 7:35 P. M., who read the Warrant and the return of the Constable.


Article 1. To see if the Town will vote to establish a Planning Board under the provisions of General Laws, Chapter 41 (Chapter 211, Acts of 1936) Section 81-A with all the powers and duties therein and in any existing By-laws of the Town provided, to consist of five (5) members to be elected by ballot at the Annual Town Meeting in March, 1941, one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, and thereafter in accordance with the provisions of the statute, or take any action relative thereto.


Voted: On motion by G. H. Wilkins that the Town establish a Planning Board under the provision of General Laws, Chapter 41 (Chapter 211, Acts of 1936) Section 81-A with all the powers and duties therein and in any existing By-laws of the Town provided, to consist of five (5) members to be elected by ballot at the Annual Town Meeting in March, 1941, one for a term of one year, one for a


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TOWN OF LYNNFIELD


term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, and thereafter in accord- ance with the provisions of the statute.


Art. 2. To see if the Town will vote to amend the existing Zoning By-Laws by adding thereto the following section 11-A, and to read as fol- lows: Section 11-A. No firm or person, partnership, association, or cor- poration, shall conduct, control, manage, or operate, directly or indirectly, any overnight camps or cabins or trailer camp or trailer camp ground, within the territorial limits of the Town of Lynnfield.


A report of the Planning Board, as required by General Laws, was read by the Chairman, L. B. Tuck, before action was taken on Article 2.


Motion was made by L. B. Tuck that the Town vote to accept the amendment to the existing Zoning By-Laws by adding thereto Section 11-A described in Article 2.


William Grace, John Gibbons and Walter Ober were appointed as Tellers. The vote was taken on the motion, and 76 voted in the affirmative and none in the negative. Total vote 76.


Art. 3. To see if the Town will vote to authorize the Town Treas- urer or his successors in office, with the approval of the Selectmen or their successors in office, to sell at public or private sales any property acquired by the Town under Tax Title procedure upon which the Right of Redemption has been foreclosed.


Voted: On motion by William Grace that the Town authorize the Town Treasurer or his successors in office, with the approval of the Selectmen or their successors in office, to sell at public or private sales any property acquired by the Town under Tax Title procedure upon which the Right of Redemption has been foreclosed.


The meeting was dissolved at 8:54 P.M.


HARRY W. HIGGINS,


Town Clerk.


Art. 2. The foregoing Article was not approved by the Attorney General.


HARRY W. HIGGINS, Town Clerk.


RECORD OF SPECIAL TOWN MEETING


HELD MONDAY EVENING, APRIL 21, 1941


The meeting was opened by the Moderator at 8:07 P. M., who read the call for the meeting and the Constable's Return, the reading of the Articles in the Warrant having been dispensed with, until taken up for action, by vote of the meeting.


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REPORT OF TOWN CLERK


Article 1. To see if the Town will vote to re-zone from a business district to a residential district a parcel of land on the east side of Broadway beginning at the southeasterly boundary of land, now or formerly of Bennett and extending in a general southerly direction along said Broadway to -land of the City of Lynn, and of the same width as the business district northerly of said point of beginning, and on the easterly side of Broadway.


A report of the Planning Board was read by the Chairman, Mr. L. B. Tuck, as required by General Laws, before action was taken on Article 1.


Voted: On motion by L. B. Tuck that Article 1 be accepted as read. Tellers were appointed and a vote taken, with a result of 42 voting in the affirmative and 0 in the negative.


Art. 2. To see if the Town will vote to raise and appropriate the sum of $700.00 for the purchase and erection of a chain link fence around tennis courts at Memorial Park.


Voted: On motion by J. Ward that the Town raise and appropriate the sum of $393.00 for the purchase and erection of a chain link fence around the tennis court at Memorial Park.


Art. 3. To see if the Town will vote to rescind the action taken at the Annual Town Meeting of March 10, 1941, under Article No. 39 where- by, it was voted: On motion made by E. Averell that the Town raise and appropriate the sum of $7,100.00 for the finishing of the boys' and girls' toilets in the new part of the Center School, $2,100.00 to be raised in the 1941 Tax Levy, $5,000.00 on notes payable, $2,000.00 on the 1942 Tax Levy, $2,000.00 on the 1943 Tax Levy and $1,000.00 on the 1944 Tax Levy was amended by E. P. Lane that $7,100.00 be raised for said purpose, $2,100.00 to be transferred from the Excess and Deficiency Fund, $2,000.00 to be raised on the 1942 Tax Levy, $2,000.00 on the 1943 Tax Levy and $1,000.00 on the 1944 Tax Levy.


Voted: On motion by C. Russell that the Town rescind the action on Article 39, at the Annual Town Meeting of March 10, 1941, whereby it was voted: On motion by E. Averell that the Town raise and appro- priate the sum of $7,100.00 for the finishing of the boys' and girls' toilets in the new part of the Center School, $2,100.00 to be raised in the 1941 Tax Levy, $5,000.00 on notes payable each year, $2,000.00 in the 1942 Tax Levy, $2,000.00 in the 1943 Tax Levy and $1,000.00 in the 1944 Tax Levy, was amended by E. P. Lane that $7,100.00 be raised for said purpose, $2,100.00 to be raised from the Excess and Deficiency Fund, $2,000.00 to be raised in the 1942 Tax Levy, $2,000.00 to be raised in the 1943 Tax Levy and $1,000.00 in the 1944 Tax Levy.


Tellers were appointed and a vote taken with a result of 163 voting in the affirmative and 16 in the negative.


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TOWN OF LYNNFIELD


Art. 4. To see if the Town will vote to raise and appropriate a sum of money for the finishing of the boys' and girls' toilets in the new part of the Center School or what action they will take thereon.


Voted: On motion by C. Russell that the sum of $7,100.00 be trans- ferred from the Excess and Deficiency Fund, to be used for the finishing of the boys' and girls' toilets in the new part of the Center School. Tellers were appointed and a vote taken, 44 voting in the affirmative and 9 in the negative.


Art. 5. To see if the Town will vote to accept as a public way what is now known as "Homestead Drive" to be accepted as "Homestead Road," running in a generally southeasterly direction over land now or formerly of Charles H. Strout and Myron E. Wing for a distance of 1040 feet, to be of a width of 50 feet, as shown on a plan of land filed with Town Clerk surveyed by L. G. Brackett & Co., of Boston, Civil Engineers, and recorded with Essex South District Registry of Deeds, Book 3234, Page 107.


Voted: On motion by G. Trayers that Article 5 be accepted as read.


Art. 6. To see if the Town will vote to accept as a public way "Oxbow Road" running in a generally northwesterly direction over land now or formerly of Charles H. Strout and Myron E. Wing for a distance of 598 feet to be of a width of 50 feet, as shown on plan of land surveyed by L. G. Brackett & Co., of Boston, Civil Engineers, and filed with the Town Clerk, and recorded in Essex South District Registry of Deeds, Book 3234, Page 107.


Voted: On motion by G. Trayers that Article 6 be accepted as read.


Art. 7. To see if the Town will vote to raise and appropriate the sum of $300.00 for private moth work. Said amount to be in addition to that raised and voted at the annual Town meeting held March 10, 1941.


Voted: On motion by C. Russell to indefinitely postpone action on Article 7.


All Articles in the Warrant haing been acted upon the meeting was dissolved at 8:44 p.m.


HARRY W. HIGGINS Town Clerk.


Article 1 was approved by Robert T. Bushnell, Attorney General, April 29, 1941.


Attest, HARRY W. HIGGINS,


Town Clerk.


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REPORT OF TOWN CLERK


RECORD OF SPECIAL TOWN MEETING HELD JUNE 9, 1941 MONDAY EVENING


The meeting was opened at 8:07 p.m. by the Moderator, who read the call for the Meeting and the Constable's Return. The Articles were then taken up for action. It was moved and seconded that Articles 1 and 2 be taken up jointly.


Article 1. To see if the Town will vote to increase the rate of wages to 621/2 cents per hour for all Highway labor paid on an hourly basis or what action it will take thereon.


Art. 2. To see if the Town will vote to increase the pay of em- ployees of the various town departments, the moth, fire, cemetery, and park departments, also the tree warden.


On motion made by G. Peavey, that the Town increase the rate of wages to sixty-two and one-half cents per hour (621/2c), said increase to be taken from the present appropriation.


All articles in the Warrant having been disposed of the meeting was dissolved at 9:20 p.m.


HARRY W. HIGGINS,


Town Clerk.


RECORD OF SPECIAL TOWN MEETING


HELD MONDAY EVENING, DECEMBER 22, 1941.


The meeting was called to order by the Moderator at 8:15. The call for the meeting and the Constable's return were read.


The Articles in the Warrant were read and Article 1 was taken up for action.


Article 1. To see if the Town will vote to transfer the following sums of money from the appropriations listed as follows: Government and Relief Project $1,100.00; Soldiers' Relief $400.00; Police Car and Radio Equipment $142.95; a total of $1,642.95; to the Fire Department.


On motion by George Peavey it was voted to transfer the follow- ing sums of money from the appropriations listed as follows: Govern- ment and Relief Project $1,100.00; Soldiers' Relief $400.00; Police Car and Radio Equipment $142.95; a total of $1,642.95; to the Fire Depart- ment.


Art. 2. To see if the Town will vote to transfer from the unex- pended balance of the special appropriation for installation of toilets in the Center School the sum of $400 for new equipment for domestic science and hot lunches.


Motion was made by W. W. DeWilde that the town vote to transfer from the unexpended balance of the special appropriation for installa-


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TOWN OF LYNNFIELD


tion of toilet in the Center School, the sum of $400.00 for new equipment for domestic science and hot lunches. The motion was amended by George Peavey to spend not in excess of $400.00 of the unexpended balance of school toilet appropriation, and was voted.


Art. 3. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for defense purposes as authorized by Chapter 487 of the Acts of 1941, said sum to be allotted by the Selectmen for meeting the expenses of the defense committee as now or hereafter constituted as a Town Defense Committee.




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