Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1949-1960, Part 89

Author: Lynnfield (Mass.)
Publication date: 1949-1960
Publisher: The Town
Number of Pages: 846


USA > Massachusetts > Essex County > Lynnfield > Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1949-1960 > Part 89


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Item 107-Voted Park and Cemetery Dept .- Expenses 1,004.00


Item 109-


-Voted Park and Cemetery


Dept .- Suntaug Park 700.00


Item 110-Voted Park and Cemetery Dept .- Glen Meadow Park 3,000.00


Item 111-Voted Park and Cemetery Dept .- Forest Hill Cemetery 6,300.00


Item 117-Voted Finance Committee- Reserve Fund 20,000.00


By Transfer


Item 119-Voted Finance Committee- Town and Finance Reports 4,000.00 Item 122-Voted Finance Committee- Gasoline Fund 6,000.00


With all the items of Article 8 acted on, it was voted to accept the article with amendments in its entirety. A motion made at this time to recon- sider action on Article 8 was unanimously de- feated.


Note: For appropriations in connection with all items not asked to be "held", see amounts listed under heading of appropriations to be used in Tax Levy of the current year.


Following completion of action on Article 8, it was voted to adjourn to Thursday March 17, 1960 at 8:00 o'clock in the High School audito- rium and gymnasium.


ADJOURNED TOWN MEETING HELD THURSDAY, MARCH 17, 1960


The meeting was called to order at 8:00 P.M. by the Moderator.


On motion by the chairman of the Board of Selectmen, it was voted to adjourn until March 21, 1960 in the High School Auditorium if the business of the meeting was not completed in this second session.


ARTICLE 9.


Motion made that the Town raise and appro- priate the sum of $21,500.00 for the construction of Chapter 90 Highways, $5,375.00 to be raised in the Tax Levy and $16,125.00 transferred from Available Surplus Funds. The sum of $16,125.00 to revert back to Available Surplus Funds when the Town is reimbursed by the State and County.


The article was then amended to read as fol- lows:


"that the Town raise and appropriate the sum of $21,500.00 for the construction of Chapter 90 Highways, $5,375.00 to be raised in the Tax Levy and $16,125.00 transferred from Available Sur- plus Funds and that the Board of Selectmen shall enter into the necessary contracts with the Mass- achusetts Department of Public Works and Essex County Commissioners to accomplish this work. The sum of $16,125.00 to revert back to Available Surplus Funds when the Town is reimbursed by the State and County."


The article as amended was voted on and pass- ed.


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ARTICLE 10.


Voted to raise and appropriate the sum of $10,- 000.00 for the completion of the Fire Station at Salem and Summer Streets. This money is to be spent as follows:


One 15 KW Generator $ 4,550.00


Ceilings in Lavatories


900.00


Utility Room in Basement 700.00


Black top, Grading, Paving, etc. 3,850.00


$10,000.00


ARTICLE 11.


Voted that the town raise and appropriate the sum of $18,500.00 to purchase the Griffin-Wilkins Property on Main Street for School Purposes, said property being bounded and described as fol- lows:


Being shown as parcel 5 on a plan entitled "Plan of Land in Lynnfield, Mass., October 26, 1957, George E. Hayes, C. E.", recorded in Essex South District Registry of Deeds, Book 4547, Page 18, and being more particularly bounded and des- cribed as follows: Northwesterly by Main Street, 165 feet; southwesterly by land of Town of Lynn- field 220 feet, northeasterly by parcel 4 on said plan, 218.54 feet, and southeasterly by parcel 1 on said plan, 164.91 feet. Containing 36,170 square feet of land according to said plan.


An amendment to indefinitely postpone action on this article was defeated.


The original motion was then voted, with a counted vote showing 353 in favor and 12 op- posed.


ARTICLE 12.


Motion made that the town raise and appro- priate the sum of $5,000.00 for the use of the Recreational Development Site Committee, said sum to be expended by the Committee to secure engineering surveys, tests, title abstracts and ap- praisals of the property known as the "Lynnfield Center Golf Club" as they determine are neces- sary to carry out negotiations with the owner of said property in accordance with the authority given the Committee by the Town under Article 16 of the Warrant of the Annual Town Meeting of 1959.


Following this motion it was voted to indefin- itely postpone action on this article.


At this time a motion was made to take up Article 47. In order to do so, it was necessary to reconsider Article 1, which having been passed, required that all articles be taken up in order. It was voted to reconsider Article 1 and the action following, defeated this article as previously voted. Article 47 was now taken up by vote of the meeting.


ARTICLE 47.


Voted that the Town appropriate the sum of $95,000.00 from Available Surplus Funds of Jan- uary 1, 1960 to be applied by the Board of Asses- sors to reduce the Tax Lévy of 1960.


Motion to reconsider this article was unani- mously defeated.


ARTICLE 13.


Voted unanimously that the Town allow the Lynnfield Historical Society, Inc., to act as custo- dians of the building located on the Common at Main and Summer Streets, known as the "Old Meeting House", and authorize said Society, with the approval of the Board of Selectmen, to make any necessary repairs to said building to restore it and enhance its value.


ARTICLE 14.


Motion made that the Town raise and appro- priate the sum of $2,000.00 for the establishment of a fund to be known as "A Fund For Repair, Restoration and Maintenance of The Old Meeting House", located at Main and Summer Streets and to authorize the acceptance of public donations to said fund, said money to be expended by the Lynnfield Historical Society, Inc., with the ap- proval and under the supervision of the Board of Selectmen.


An amendment to this motion, reading as fol- lows:


"that the Town raise and appropriate the sum of $2,000.00 for the establishment of a fund to be known as "A Fund For Repair, Restoration And Maintenance Of The Old Meeting House," located at Main and Summer Streets, said money to be expended by the Lynnfield Historical So- ciety, Inc. with the approval and under the super- vision of the Board of Selectmen."


was voted on and passed.


The original motion as amended was now voted.


ARTICLE 15.


Voted unanimously that the Town authorize the Town Treasurer with the approval of the Board of Selectmen, to borrow money from time to time in anticipation of the revenue for the fin- ancial year beginning January 1, 1961, and to is- sue a note or notes as may be given for a period of less than one year, in accordance with Section 17, Chapter 44 of the General Laws.


ARTICLE 16.


Voted unanimously that the Town accept an award of $140.00 made by the Commonwealth of Massachusetts for a certain parcel of Town owned land abutting Route 128, described as par- cel 2-7 and 2-9 in an Order of Taking dated De- cember 16, 1958, recorded in Essex South District Registry of Deeds in Book 4526, Page 204, and authorize the Selectmen to sign releases therefor on behalf of the Town.


ARTICLE 17.


Voted unanimously that the Town accept an award of $700.00 made by the Commonwealth of Massachusetts for a certain parcel of Town owned land abutting Route 128, described as parcel 2-23 in an Order of Taking dated December 16, 1958, recorded in Essex South District Registry of Deeds in Book 4526, Page 204, and authorize the Selectmen to sign releases therefor on behalf of the Town.


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ARTICLE 18.


Motion made that the Town vote to amend the By-Laws of the Town of Lynnfield by adding the following section to Chapter 4:


"Section 6-The Board of Selectmen shall have full authority, as agents of the Town, to compro- mise or settle any claims or suit for or against the Town, and to execute any release or other legal document in connection therewith."


An amendment was offered that the article be changed to read as follows:


"The Board of Selectmen shall have full authority, as agents of the Town, to compromise or settle for the Town its claim against the Com- monwealth for the taking of the South Lynnfield Fire Station in an amount not less than $60,000.00 and to execute any release or other legal docu- ment in connection therewith."


The article as amended was voted on and passed.


ARTICLE 19.


Motion made that the Town amend the By-


Laws of the Town of Lynnfield by adding the fol- lowing section to Chapter 4:


"Section 5-The Board of Selectmen shall, whenever necessary, enter into contracts with the Massachusetts Department of Public Works and Essex County Commissioners for the construc- tion and maintenance of public highways."


An amendment was offered that the article be changed to read as follows:


"that the Town amend the By-Laws of the Town of Lynnfield by adding the following sec- tion to Chapter 4:


"Section 5 - The Board of Selectmen shall, whenever necessary, enter into contracts with the Massachusetts Department of Public Works and Essex County Commissioners for the construction and maintenance of Chapter 90 public highways."


The article as amended was voted on and pass- ed unanimously.


Following completion of action on Article 19, it was voted to adjourn to Monday, March 21, 1960 at 8:00 o'clock in the High School audito- rium and gymnasium.


ADJOURNED TOWN MEETING HELD MONDAY, MARCH 21, 1960


The meeting was called to order at 8:00 P.M. by the Moderator.


On motion by the chairman of the Board of Selectmen, it was voted to adjourn until March 24, 1960 in the High School Auditorium if the business of the meeting was not completed in this third session.


ARTICLE 20.


A motion was made that the Town amend Chapter 16 of the Town of Lynnfield By-Laws by changing the title thereof to "Purchase And Sale of Property", and by adding thereto the fol- lowing section:


"The Board of Selectmen and the head of the department concerned shall act as a committee in the purchase of all machinery and equipment involving an expenditure of over $500.00.


An amendment was offered that the article be changed to read as follows:


"that the Town amend Chapter 16 of the Town of Lynnfield By-Laws by changing the title thereof to "Purchase And Sale of Property" and by adding thereto the following section :


"The Board of Selectmen, a member of the Finance Committee and the head of the depart- ment concerned shall act as a committee in the purchase of all machinery and equipment involv- ing the expenditure of over $500.00 other than that purchased under the jurisdiction of the School Committee or Special Building Commit- tees authorized by a Town Meeting."


The article as amended was voted on and pass- ed by a 2/3 vote.


ARTICLE 21.


Action on this article (noted below) was voted to be indefinitely postponed.


"To see if the Town will vote to amend the By- Laws of the Town of Lynnfield by adding to Chapter 1 the following section:


"(F.) At Town Meetings, a speaker may not speak for more than 10 minutes at any one time, unless granted permission by the meeting.


No voter may speak more than once on any question, if other voters desire to be heard.


No voter may speak more than twice on the same question without permission of the meet- ing.


A speaker may not speak for more than two (2) minutes on any of the following motions: to adjourn, to indefinitely postpone, and to put the previous question. No person may yield his time to a previous speaker to permit such speaker to continue beyond his time limit."


ARTICLE 22.


A motion was made that the Town amend the By-Laws of the Town of Lynnfield by adding to Chapter 2 (Financial Affairs) the following sec- tion :


"Section (K) - All fees for permits and in- spections under the jurisdiction of the building inspector, plumbing inspector, wire inspector and cesspool inspector shall be paid to the Town Treasurer, and no permit shall be issued, or in- spections made, until the Treasurer has validated the permit with his official stamp showing that the fee has been paid.


All fees collected by the Chief or members of the Police Department, or of the Fire Depart- ment, shall be turned over to the Town Treasurer within 24 hours after the collection thereof.


Failure to comply strictly with this By-Law shall be considered sufficient grounds for suspen- sion or removal from Town service."


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An amendment was offered that the article be changed to read as follows:


"that the Town amend the By-Laws of the Town of Lynnfield by adding to Chapter 2 (Fin- ancial Affairs) the following section :


"Section (K) - All fees for permits and inspec- tions under the jurisdiction of the building inspec- tor, plumbing inspector, wire inspector and cess- pool inspector shall be paid to the Town Treas- urer, and no permit shall be issued until the Treasurer has validated the permit with his offi- cial stamp showing that the fee has been paid.


All fees collected by the Chief or members of the Police Department, or of the Fire Department or other town officials who collect fees for the Town shall be turned over to the Town Treasurer within one week after the collection thereof.


Failure to comply strictly with this By-Law may be considered sufficient grounds for suspen- sion or removal from Town service."


The article as amended was voted on and pass- ed.


ARTICLE 23.


After the reading of a report by the chairman of the Board of Selectmen, and upon motion made by him, reading as follows:


"In accordance with the provisions of Chapter 513 of the Acts of 1959, and as a result of a vote of the Board of Selectmen, I move that the pen- sions of the following be increased as follows: George A. Westover to $1,000.00


Minot H. Carter


to $1,000.00


Arthur W. Bryant to $1,000.00


Doris G. Webster to $1,200.00


the provisions were accepted and it was voted unanimously.


ARTICLE 24.


Voted to indefinitely postpone action on this article namely :


"To see if the Town will vote to authorize the Board of Selectmen to discharge all committees previously appointed by the Town, which in the opinion of the Board of Selectmen are no longer operative or necessary.'


ARTICLE 25.


Motion made that this article be voted as read, namely:


"No Town officer, salaried employee, or any agent of any such officer or employee shall re- ceive any compensation or commission for work, services or otherwise except his official salary and or fees allowed by law, unless authorized by a unanimous vote of the Board of Selectmen, which shall appear on their official records and a copy of which shall be exempted from the pro- visions of this section only by a vote of an annual Town Meeting."


An amendment was offered that the article be changed to read as follows:


"that the Town amend the By-Laws of the Town of Lynnfield by adding the following:


"No Town officer, salaried employee, or any agent of any such officer or employee shall re-


ceive from the Town any compensation or com- mission for work, services or otherwise except his official salary and or fees allowed by law, unless authorized by a unanimous vote of the Board of Selectmen, which shall appear on their official records and a copy of which shall be filed with the Town Clerk. The Selectmen themselves shall be exempted from the provisions of this section only by a vote of an annual Town Meet- ing."


The article as amended was voted on and passed by a 2/3 vote.


ARTICLE 26.


Motion made that the Town vote to authorize the Board of Selectmen to appoint a Junior High School Building Committee of seven citizens; said committee to obtain preliminary plans and sketches, and estimates of cost for the construc- tion of an addition to and expansion of the facil- ities associated with the present school building on Main Street known as the High School. Provi- ded, however, that the plans, and sketches be sub- mitted to the following Boards and Committees:


1. The Board of Selectmen


2. The School Committee


3. The Finance Committee


4. The Planning Board


and the approval of at least three of these Boards or Committees of the plans and sketches be secured before estimates are obtained; and tlie said Junior High School Building Committee to report to the Town; and to see if the Town will vote to appropriate by transfer from available funds, a sum of money for the general use of the Junior High School Building Committee.


An amendment was offered that the article be changed to read as follows:


"that the Town vote to authorize the Board of Selectmen to appoint a Junior High School Build- ing Committee of seven citizens; said committee to obtain preliminary plans and sketches, and es- timates of cost for construction of a new build- ing or an addition to and expansion of the facili- ties associated with the present school building on Main Street known as the High School. Prov- ided, however, that the plans, sketches and es- timates be submitted to the following Boards and Committees:


1. The Board of Selectmen


2. The School Committee


3. The Finance Committee


4. The Planning Board


but the approval of at least three of these Boards or Committees of the plans and sketches be secured before estimates are obtained; and the said Junior High School Building Committee to report to the Town and that the Town vote to appropriate $4,528.78 by transfer from the Junior High School Addition Account and $471.22 by transfer from Available Surplus Funds for use of said Committee."


The article as amended was voted on and passed.


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At this time, a motion was made to adjourn the meeting which was voted on and defeated. A motion to reconsider Article 26 was then made and voted on and the motion was defeated. Since the voice vote was doubted, a new vote was taken by the showing of hands - 192 were in


favor of reconsideration and 213 opposed, thus the motion to reconsider was lost.


Following completion of action on Article 26, it was voted to adjourn to March 24, 1960 at 8:00 o'clock in the High School auditorium and gym- nasium.


ADJOURNED TOWN MEETING HELD THURSDAY, MARCH 24, 1960


The meeting was called to order at 8:00 P.M. by the Moderator.


On motion by the chairman of the Board of Selectmen, it was voted to adjourn until March 28, 1960 in the High School Auditorium and Gym- nasium if the business of the meeting was not completed in this fourth session.


ARTICLE 27.


On motion made, it was voted to recommit this article for further study and recommendations by the present committee, the article reading as follows:


"To see if the Town will vote to authorize and instruct the Board of Selectmen to acquire by eminent domain, purchase, gift or otherwise, land for an exit road from Pillings Pond Road, said land being now or formerly owned by Koza, Hart and Rich, and described as follows:


"Parcel No. 1 - Beginning at a point on the easterly side of the Town owned road leading to the Reforestation Lot, thence running easterly and southerly 2425 feet, more or less, to a point; thence turning and running westerly 50 feet to a point on the easterly side of Edgemere Road; thence turning and running northerly and west- erly 2390 feet, more or less, to the Town owned road leading to the Reforestation Lot; thence turning and running northerly 50 feet to the point of beginning.


"Parcel No. 2 - Beginning at a point on the southerly side of the Boston and Maine Railroad, about 920 feet east of Pillings Pond Road; thence running easterly along said railroad 145 feet, more or less, to a point; thence turning and run- ning southerly 875 feet, more or less, to a point on the northeast side of the land described above as Parcel No. 1; thence running northwesterly by a curved line along the above described Parcel No. 1, 350 feet, more or less, to a point; thence turning and running easterly by a curved line and northerly a distance of 675 feet, more or less, to the railroad and the point of beginning, and vote to raise and appropriate, or appropriate by trans- fer, from available funds, a sum of money for payment of the purchase or land damages in ac- quiring said land and for legal, engineering, con- struction and other services and expenses inci- dental thereto, or what action it will take there- On."


ARTICLE 28.


Following the report of the Planning Board on this article, a counted vote was taken on this ar- ticle, namely:


"To see if the Town will vote to amend the Zoning By-Law of the Town by adding under Section 2 (Use Regulations), (c) (Limited Busi- ness District Uses), the following:


2. Stores for the sale of alcoholic beverages not to be drunk on the premises,


or what action it will take thereon."


the result being 33 in favor and 286 opposed. The moderator declared the article defeated.


ARTICLE 29.


A motion was made that the Town vote to raise and appropriate, or appropriate by transfer from available surplus funds in the treasury, a sum of money for the use of the Future School Site Committee.


An amendment was offered that the article be amended to read as follows:


"that the Town vote to raise and appropriate, a sum of $600.00 for the use of the Future School Site Committee and that the committee investi- gate the possibility of enlarging the existing school sites."


The article as amended was voted on and pass- ed.


ARTICLE 30.


The moderator declared the amended article passed by a 2/3 vote. The amendment to this article was in the amount for minor repairs which was made to read $100.00 instead of the $50.00 noted in the original article.


ARTICLE 31.


The moderator declared the amended article passed by a 2/3 vote, the amendment being the addition of the following:


"Minor repairs, under $100.00 - No permit required."


This article now reads:


"that the Town amend the Building Laws as follows: Delete Section 4 - Fees and substitute therefor:


Section 4 - Fees


"New construction Estimated cost up to $10,000.00 Fee $10.00. Over $10,000.00, fee $1.00 per thousand or fraction thereof.


"Repairs and roofing - Minimum fee $2.00. Over $2,000.00 same fee as for new construction. "Demolition - Permit required - Fee $2.00. "Minor repairs, under $100.00 - No permit required."


ARTICLE 32.


A motion was made that the Town transfer the sum of $300.00 from the Sale Of Lots Fund for the re-purchase of graves or lots.


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An amendment was offered that the article be changed to read as follows:


"that the Town transfer the sum of $300.00 from the Sale Of Lots Fund to be spent under the direction of the Cemetery Commissioners for the re-purchase of graves or lots."


The article as amended was voted on and passed unanimously.


ARTICLE 33.


Following the reading of a report by the Plan- ning Board, it was voted 270 in favor and 6 op- posed, that the Town amend the Zoning By-Laws as follows: In Section 2, paragraph (b) delete use number 8 from the uses permitted in Single Residence Districts and renumber numbers 9, 10, 11, and 12 to 8, 9, 10, and 11 respectively. To re- insert the deleted paragraph under 12 of the same section, "additional uses, if authorized by the Board of Appeals". The paragraph now desig- nated Section 2 (b) 8 would become Section 2, (b) 12, i. "Country Club, lodge building, or other non-profit social, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business)".


ARTICLE 34.


Following the reading of a report by the Plan- ning Board, it was voted 303 in favor and 1 op- posed that the Town of Lynnfield amend the Zoning By-Laws and Zoning Map by enlarging the present General Business Area on the Easterly side of the Newburyport Turnpike from Three Hundred Fifty (350) feet, wherein it appears on said map, to Four Hundred Thirty (430) feet.


ARTICLE 35.


Following the reading of a report by the Plan- ning Board, a motion was made that the Town of Lynnfield vote to amend the Zoning By-Laws and Zoning Map by changing from a Residential Area to a Limited Business Area the area on the Westerly side of Summer Street in that part of Lynnfield known as Lynnfield Center, described as follows:


"Beginning at the northerly corner of said preni- ises on said Summer Street by land of Rideout, thence running southwesterly by land of said Rideout, ten hundred and thirteen (1013) feet more or less to land of Rumbolt; thence running southeasterly by said Rumbolt's land about one hundred and fifty-five (155) feet to land of Town of Lynnfield; thence running northeasterly by land of said Town of Lynnfield about six hundred and ninety-three (693) feet to land of the Town of Lynnfield; thence running northwesterly by said Town's land about ninety-nine (99) feet; thence northeasterly by said Town's land about two hundred and fifty-nine (259) feet to said Summer Street; thence northwesterly on said Summer Street about one hundred and sixty-six (166) feet to the point of beginning. All of the described land consisting of approximately four (4) acres is now owned by Raymond R. Pearson."


At this time a substitute motion was introduced reading as follows:


"that Article 35 be referred to the Board of Appeals in the hope that the Board of Appeals consider favorably the request of Raymond R. Pearson for permission for the Lynn Item to operate a news and advertising office on the said mentioned property under 12 f of Section 2 of Chapter 9 of the By-Laws of the Town of Lynn- field as published in 1957 and that what action it takes under the recommendation be published in its report in the next Town Report."


This substitute motion was then voted on, the result being 239 in favor and 67 opposed.




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