Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1961-1970, Part 31

Author: Lynnfield (Mass.)
Publication date: 1961-1970
Publisher: The Town
Number of Pages: 1002


USA > Massachusetts > Essex County > Lynnfield > Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1961-1970 > Part 31


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ARTICLE 14. VOTED


355 in favor, and 70 opposed, that the Town authorize the Municipal Office Building Commit- tee, under the supervision of the Selectmen, to construct and equip, where necessary, a MUNICI- PAL OFFICE BUILDING to be constructed in the area adjacent to the existing Town Hall and connected to the Police and Fire Station, as shown on plans prepared by John Guarino, Architect, which have been approved as directed by vote on Article 17 of the Annual Town Meeting of 1962 and that the sum of $50,000.00 be transferred from the Stabilization Fund, that the sum of $5,000.00 be transferred from Available Surplus Funds, and that the sum of $150,000. be borrowed under Authority of Chapter 44 of the General Laws in long term notes or bonds for a period not exceeding 10 years.


At this time, on a motion made by Mr. Oscar Bray, duly seconded, it was voted to combine Articles 15 and 16, with action on Article 16 to be taken up first.


ARTICLE 16.


This article, noted below, was defeated after a motion to indefinitely postpone action on both Articles 15 and 16 was lost.


"To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds in the treasury, a sum of money for employment of a consulting engineer to examine all aspects of the proposition that the Town acquire the present electric power dis- tribution systems in Lynnfield and establish a MUNICIPAL POWER AND LIGHT DEPART- MENT to operate them; findings of the engineer to be contained in a comprehensive report to be submitted to the Town on or before October 1, 1963; or to see what action the Town will take."


ARTICLE 15.


On motion of Mr. Condon, duly seconded, this article was voted as amended, namely :


VOTED


that the Town extend the life of the present MUNICIPAL POWER SYSTEM STUDY COM- MITTEE.


ARTICLE 17. VOTED


to indefinitely postpone action on this article, viz.


"To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds in the treasury a sum of money for the purchase of EMERGENCY EQUIPMENT for the department of CIVIL DEFENSE."


Reconsideration of this article was defeated.


ARTICLE 18.


After a report by Mr. Ralph Howland, Town Counsel, it was voted to indefinitely postpone ac- tion on this article, viz.


"To see if the Town will vote to raise and appropriate or appropriate by transferring a sum of money to settle the eminent domain case arising from action of the Town at the Annual Town Meeting of 1962 in taking approximately 36.1 acres, more or less, of the LAND OF DENNIS L. LAUBNER, or take action relative thereto."


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ARTICLE 19.


After a report by Mr. Ralph Howland, Town Counsel, it was voted to indefinitely postpone ac- tion on this article, viz.


"To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds in the treasury, a sum of money to settle the EMINENT DOMAIN case arising from action of the Town at the Annual Town Meeting of 1962 in taking ap- proximately 1 acre, more or less, of land belonging to Melch Bros., or what action it will take thereon."


ARTICLE 20.


On motion of Mr. Wendt it was voted to indefinitely postpone action on this article - noted below. "To see if the Town will vote to authorize the Board of Selectmen to appoint a JUNIOR HIGH SCHOOL BUILDING COMMITTEE of seven citizens, the original membership of said committee to be those citizens now serving as the Senior High School Building Committee; said committee to obtain preliminary plans, sketches and estimates of cost for the construction of a new Junior High School Building for 800 seventh and eighth grade pupils to be located on land now owned by the Town off Essex Street and formerly known as the Laubner and Melch Bros. property; provided, however, that the total cost of said building, including con- struction site development, and equipment, shall not exceed two million dollars and that the plans and sketches be submitted to the following boards and committees: Board of Selectmen, School Committee, Finance Committee, Planning Board, and that the approval of the plans, sketches and costs by at least three of these boards or committees be secured before esti- mates are obtained; and that said committee report to the Town not later than three months from this date; and to see if the Town will vote to appropriate, or appropriate by transfer from available funds a sum of money for the use of the Junior High School Building Com- mittee, or what action it will take thereon."


ARTICLE 21.


After the reading of the report of the Planning Board by Mr. Osberg, Chairman, this article was defeated by a vote of 263 in favor and 176 opposed. There not being the required 2/3 in favor, the moderator declared the article defeated. The article is noted below.


"To see if the Town will vote to AMEND THE ZONING BY-LAWS by adopting the following described changes in Sections 1, 2, 3, 4, 11, 12 and 13 thereof. The specific changes to be made are as follows :


Change Section 1 paragraph (a), by rewording the second line to read :


The Town of Lynnfield is hereby divided into nine types of districts - and by adding to the list of districts the following :


9. Inn Districts.


Change Section 2 by inserting at the end thereof, a new paragraph as follows:


(g) Inn District Uses.


In an Inn District the following uses are permitted.


1. Any of the uses permitted without Board of Appeals authorization in single residence A, B, C and D Districts, subject to the same conditions as therein specified.


2. Any permitted use which the Board of Appeals may authorize in a single residence A, B, C and D Districts, subject to the same conditions as therein specified.


3. Inns, providing same.


a. Shall be on a lot adjoining to and abutting upon a Country Club or Commercial Golf Course as heretofore defined, and


b. Shall be on a lot adjoining to and abutting upon a State Highway with a frontage on same of not less than 1,000 feet.


4. Sign, as hereinafter permitted.


Change Section 3 by rewording the heading thereof as follows :


SPECIAL PROVISIONS IN BUSINESS, INN, COMMERCIAL AND INDUSTRIAL DISTRICTS


Change Section 3 paragraph (a) by inserting after "Limited Business District" the words "Inn District."


Change Section 3 paragraph (b) by inserting after "Limited Business District" the words "Inn District."


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Change Section 3 paragraph (b) subsection 3 by adding after "Tourist homes" the word "Inns."


Change Section 3 paragraph (d) by inserting after "Limited Business District" the words "Inn District."


Change Section 3 paragraph (e 1. and e 2.) by inserting after "Limited Business" the word "Inn."


Change Section 4 as follows :


(c) Lot area and frontage - After words "Limited Business" insert "Inn."


(f) Lot Coverage - Add under heading "District" the word "Inn", and under heading "Permitted Lot Coverage" the word "35%".


(g) Set Backs and Yards - Add under heading "District" the word "Inn" and under heading "Required Set Back Distance from Street Center Line" insert "60 feet"; under heading "Required Front Yard Depth" insert "40 feet;" under heading "Re- quired Side Yard Width" insert "20 feet"; under heading "Required Rear Yard Depth" insert "20 feet"; and add after word "Limited Business" the word "Inn".


Change Section 11 by inserting at the end of a new paragraph (d) Accessory Uses in Inn Districts.


The following accessory uses are permitted provided such uses are conducted entirely within the Inn structure and such uses shall not have exterior public display areas or in- dividual separate public entrances in the exterior wall of the structure.


1. Any of the following retail businesses :


Book stationery or news store, cigar store, drug store, florist or gift shop, jewelry store or wearing apparel store.


2. Any of the following personal or consumer establishments :


Barber or beauty shop, collection station for laundry or dry cleaning, photographic studio.


Change Section 12 by inserting the following paragraph (d) at the end thereof : Signs in Inn Districts.


Exterior signs pertaining to permitted buildings, structure and uses are permitted provided that :


1. One sign is attached flat against a wall of the building and fronts on the principal way, a parking space in the rear, or in the case of a building on a corner lot, on that portion of the side wall within 50 feet of the exterior line of the principal way. Such sign may not ex- ceed in total area one (1) square foot for each sleeping room, and in no case may exceed 100 square feet. Such sign hereunder, if lighted, must be non-flashing white lighted.


2. One additional sign not attached to the building which may be double faced and fronts on the principal way. Each face may not exceed one square foot for each 100 square feet of ground floor area in the building or buildings located on the premises. In no case is this to be larger than 150 square feet per side nor to exceed 15 feet in height including stand- ard. Such sign hereunder, if lighted, must be non-flashing white lighted.


Change Section 13 by adding an additional paragraph at the end thereof :


(i) Inn - Any building or portion thereof designed or used for serving food in a public dining room and containing 50 or more sleeping rooms for resident or transient guests." ARTICLE 22.


After the reading of the Planning Board report, it was VOTED to Indefinitely Postpone ac- tion on this article, viz.


"To see if the Town will vote to AMEND THE ZONING BY-LAWS and the Zoning Map of the Town of Lynnfield by changing from a residential "B" District to an "Inn" Dis- trict the area bounded and described as follows:


Beginning on the Northerly side of Route 128 at a point 570 plus or minus feet westerly from the intersection of Route 128 and Walnut Street; Thence turning 90 deg. and running northerly 600 feet; Thence turning 90 deg. and running westerly on a line parallel with said northerly line of Route 128 a distance of 1,000 feet; Thence turning 90 deg. and running southerly along a line perpendicular to said northerly side of Route 128 a distance of 600 feet; Thence easterly along said northerly line of Route 128 a distance of 1,000 feet to the point of beginning. Containing 14 acres more or less."


After completion of action on Article 22, it was voted to adjourn to Thursday evening at 8:00 p.m. in the High School Auditorium.


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ADJOURNED TOWN MEETING HELD THURSDAY, MARCH 21, 1963 The meeting was called to order at 8:00 p.m. by Mr. Kimball, the Moderator.


Unregistered persons specified by the Moderator were admitted to the meeting by unanimous consent of the voters and were seated on the stage.


On motion of Mr. Condon, Chairman of the Board of Selectmen, it was voted to adjourn to Mon- day, March 25, 1963, at 8:00 p.m. in the High School Auditorium if the business of this meeting was not completed in this fourth session.


ARTICLE 23.


After the reading of the Planning Board report by Mr. R. E. Franck, on motion made and seconded, it was VOTED to indefinitely postpone action on this article.


The article reads as follows :


"To see if the Town will vote to AMEND THE ZONING BY-LAWS by changing or altering the Zoning District Map incorporated therein and made a part thereof, and a por- tion of that certain type of district indicated and identified therein as a Single Residence A District so that the following described area adjoining a Limited Business District will be changed from a Single Residence A District to a Limited Business District. The area to be changed is bounded and described as follows.


A certain parcel of land situated three hundred thirty (330) feet Northerly of Main Street in Lynnfield, Massachusetts, containing 6,696 square feet of land, now or formerly owned by Arthur W. Hudson, said parcel being shown as Lot H on a plan entitled "Plan of Land in Lynnfield, S. Slater, Surveyor, dated January 12, 1963", and being more particularly bounded and described as follows:


Southeasterly by lot E as shown on said plan seventy (70) feet;


Southwesterly by said lot E, seventy and 20/100 (70.20) feet;


Southerly by said lot E, fifty and 40/100 (50.40) feet;


Northerly by land of Arthur W. Hudson, et al, as shown on said plan one hundred seventeen and 11/100 (117.11) feet; and


Northeasterly by land of said Hudson and Right of Way as shown on said plan ninety-one and 94/100 (91.94) feet.


Containing 6,696 square feet, all according to said plan.


ARTICLE 24.


Mr. Franck of the Planning Board asked that this article be passed by as the recommendation of the Planning Board reads in part as follows :


"After carefully considering the article and after holding a public hearing thereon, it is the majority opinion of the Planning Board that Article 24 be adversely recommended. Article 24 was considered and defeated at the March Town Meeting of 1962. In order to be considered at this time under Section 8 of Chapter 40A of the General Laws, the recommen- dation of the Planning Board must be favorable.


"It has long been a policy of the Planning Board to refuse to endorse an article which has previously been defeated by a town meeting within two years unless the circumstances involved have changed. In this case there has been no change of circumstances." The article reads as follows :


"To see if the Town will vote to AMEND THE ZONING BY-LAWS by changing or altering the Zoning District Map incorporated therein and made a part thereof, and a portion of that certain type of district indicated and identified therein as a Single Residence B Dis- trict, so that the following described area will be changed from a Single Residence B District to a Limited Industrial District. The area to be changed is bounded and described as follows :


The land on the Southerly side of the Newburyport Turnpike, also called "Broadway", in Lynnfield, Massachusetts, containing 41/2 acres and having been formerly owned by Hiram G. Pope, said parcel being shown on "Plan of a Right of Way in Lynnfield, Mass., over land of the late Hiram G. Pope, declared to be granted to the Eastern Massachusetts Electric Co., March 18, 1929, Charles H. Tenney Company, Engineers, Boston, Massachusetts" and re- corded in Essex South District Deeds, Book 2881, Page 209, and bounded and described as follows :


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Beginning at the Northeasterly corner thereof in the southerly line of the Newburyport Turnpike at a point two hundred fifty (250) feet Southwesterly to a stone wall and a point two hundred (200) feet southwesterly of a stake bounded thence


Southeasterly four hundred seventy and 55/100 (470.55) to a corner, thence


Southwesterly four hundred eighty-four and 49/100 (494.49) feet by land of the City of Lynn to a corner, thence


Northwesterly four hundred thirty and 16/100 (430.16) feet by land of City of Lynn to said Southerly line of said Turnpike, thence,


Northeasterly by said Newburyport Turnpike for four hundred seventeen and 81/100 (417.81) feet to a point of beginning.


There is excepted from the above parcel of land, such land as was taken by the Com- monwealth of Massachusetts for the construction of a State. Highway, on or about August 27, 1962."


At this time a motion by Mr. Wendt to take up action on Article 27 first and then articles 26 and 25 was defeated; however, a motion made by Mr. Blake, duly seconded, to take up action on these articles together was voted.


Mr. Franck of the Planning Board read their reports on Articles 25, 26 and 27. The board unanimously recommended against the approval of these articles.


ARTICLE 25.


Since a 2/3 vote is required, the following article was defeated, the vote being 64 in favor, 191 against.


"To see if the Town will vote to AMEND THE ZONING BY-LAWS by adopting the following described changes in Section 2. (c) 3 thereof :


By adding to said Section 2. (c) 3 the words "funeral home" in the second line thereof so that said section shall read :


Any of the following personal or consumer service establishments: funeral home, bar- ber or beauty shop, collection station for laundry or dry cleaning, frozen food locker, hand or self service laundry, photographic studio, shoe or hat repair shop, shop for custom work by dressmaker, milliner or tailor."


ARTICLE 26.


This article, noted below, was defeated, the vote being 40 in favor, 191 opposed.


"To see if the Town will vote to AMEND THE ZONING BY-LAWS by adopting the following described change in Section 2. (c) 9 thereof; By adding to said Section 2. (c) 9, after 9b. therein, an additional use, if authorized by the Board of Appeals. c. Funeral Home."


ARTICLE 27.


This article, noted below, was defeated, the vote being 31 in favor, 187 opposed.


"To see if the Town will vote to AMEND THE ZONING BY-LAWS BY CHANGING or Altering the Zoning District Map incorporated therein and made a part thereof, by ex- tending the existing Limited Business District located at the Easterly side of Broadway and the Northerly side of Salem Street, Easterly to include a portion of that certain type of district indicated and identified therein as a Single Residence A District so that the following de- scribed area will be changed from a Single Residence A District to a Limited Business Dis- trict. The area to be changed is bounded and described as follows :


Beginning at a point on the Northerly line of Salem Street at the Southeasterly corner of said land, at land now or formerly of Lynnfield Water District, thence running Westerly by Salem Street, One Hundred Fifty (150) feet to land of owners unknown, thence turning at a right angle and running


Northerly by said other land Two Hundred Seventy-Two (272) feet more or less to a stone wall at land of owners unknown, thence turning at an acute angle and running Southeasterly by said stone wall and other land of owners unknown One Hundred Eighty- Eight (188) feet more or less to land of Lynnfield Water District, thence turning and running


"Southerly by land of Lynnfield Water District, One Hundred Fifty-Eight (158) feet to Salem Street, and point of beginning."


A motion to reconsider action on these articles was defeated.


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ARTICLE 28. VOTED UNANIMOUSLY


to transfer the sum of $1,000.00 from Available Surplus Funds to pay a delinquent bill of the PLANNING BOARD under Sec. 64 of Chapter 44 of the General Laws of Massachusetts.


ARTICLE 29.


On motion of Mr. Condon, duly seconded, it was VOTED UNANIMOUSLY to indefinitely postpone action on this article.


"To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds in the treasury, a sum of money for necessary REPAIRS FOR THE TOWN HALL AND OTHER BUILDINGS, to be expended under the supervision of the Board of Selectmen."


ARTICLE 30.


Upon motion made and seconded, this article was defeated by a voice vote, which when chal- lenged was counted. The final counted vote was 84 in favor, 93 opposed.


"To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds, a sum of money for the construction of a FENCE along the South- easterly boundary of Town owned property on Summer Street, running parallel to and along the rear of the privately owned and abutting property on Parsons Avenue."


ARTICLE 31. VOTED


that the Town transfer the sum of $9,600.00 from Available Surplus Funds to be expended by the Board of Selectmen for the Control of Algae, Weeds and other aquatic nuisances in lakes, ponds, streams and other bodies of water within the Town of Lynnfield in accordance with the provisions of General Laws, Chapter 40, Section 5, Clause 36B.


A motion made by Mr. Moynihan that the sum of money be amended to $5,000. was defeated.


ARTICLE 32.


This article, noted below, was defeated.


"To see if the Town will vote to accept Chapter 409 of the Acts of 1962, authorizing the Town to adopt rules regulating the use of WAYS BY PEDESTRIANS, and providing for the non-criminal disposition of violations thereof."


ARTICLE 33. VOTED


107 in favor and 30 opposed that the Town accept Chapter 322 of the Acts of 1961 authorizing the TOWING OF VEHICLES from Town ways where such vehicles are parked or standing in viola- tion of the law or in such a manner as to impede, in any way, the removal or plowing of snow or ice.


Action now reverted to Article 7 which the Finance Committee had requested be taken out of order and acted on after completion of Article 33 but before Article 34 and which was voted at the Town Meeting held Monday, March 11, 1963.


ARTICLE 7.


Upon motion made by Mr. Jacobson of the Finance Committee, it was VOTED to indefinitely postpone action on the following article -


"To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds in the treasury, a sum of money not to exceed $75,000.00 to be placed in the STABILIZATION FUND."


ARTICLE 34.


On motion made by Mr. Howland, Town Counsel, duly seconded, it was VOTED UNANIMOUSLY to accept as a public way Underhill Road, running southerly from Forest Hill Avenue to Stillman Road, as laid out by the Board of Selectmen and approved by the Planning Board, and shown on a Plan entitled "Proposed Layout of Underhill Road, Lynnfield, Mass.," Edward S. Averell Engr., Julie 1, 1936, Revised 1/7/63, on file in the office of the Town Clerk, and that the sum of $500.00 be transferred from the Excess and Deficiency Account for the purchase of interests therein held by abutters.


ARTICLE 35.


On motion made by Mr. Condon, duly seconded, it was VOTED to transfer from available funds in the treasury the sum of $10,000.00 for the construction and repair of Underhill Road.


On motion made by Mr. Howland, duly seconded, it was VOTED UNANIMOUSLY to accept as public ways the streets named in Articles 36-37-38-39-40-41-42 and 43 as follows :


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ARTICLE 36. VOTED UNANIMOUSLY


to ACCEPT AS A PUBLIC WAY, GRAYLAND ROAD, as laid out by the Board of Select- men and approved by the Planning Board, being bounded and described as follows: Running from east to west at the northerly end of Beaver Avenue, for a distance of 700 feet, more or less, and for a width of 40 feet, as shown on a plan entitled "Subdivision, Grayland Road and Ashdale Road, Henry A. Peterson, Eng., November 19, 1956", which plan was approved by the Lynnfield Planning Board on May 27, 1957.


ARTICLE 37. VOTED UNANIMOUSLY


to ACCEPT AS A PUBLIC WAY, LYNNBROOK ROAD (Portion), as laid out by the Board of Selectmen and approved by the Planning Board, being bounded and described as follows: Run- ning from the previously accepted portion of Lynnbrook Road, in a generally southerly direction to a dead end, for a width of 40 feet, as shown on a plan entitled "Westchester", Geo. E. Hayes, Eng., April 16, 1958, which plan was approved by the Lynnfield Planning Board on May 6, 1958.


ARTICLE 38. VOTED UNANIMOUSLY


to ACCEPT AS A PUBLIC WAY, SYLVAN TERRACE, as laid out by the Board of Select- men and approved by the Planning Board, being bounded and described as follows: Running from the southerly side of Sylvan Circle in a southerly direction to a dead end, and for a width of 40 feet, as shown on a plan entitled "Sylvan Terrace", John W. Parsons, Surveyor, Oct. 6, 1960, which plan was approved by the Lynnfield Planning Board on January 16, 1961.


ARTICLE 39. VOTED UNANIMOUSLY


to ACCEPT AS A PUBLIC WAY, MELCH ROAD (Portion), as laid out by the Board of Selectmen and approved by the Planning Board, being bounded and described as follows: Running from the previously accepted portion of Melch Road, in a generally northwesterly direction, 680 feet to a dead end, and for a width of 40 feet, as shown on a plan entitled "Huckleberry Hill (Sec- tion 4)," Geo. E. Hayes, C. E., June 1, 1956, covering that portion of the road shown through lots 27 and 16, which plan was approved by the Lynnfield Planning Board on Oct. 22, 1956.


ARTICLE 40. VOTED UNANIMOUSLY


to ACCEPT AS A PUBLIC WAY, MORAN ROAD (Portion), as laid out by the Board of Selectmen and approved by the Planning Board, being bounded and described as follows: Running from the northerly side of Melch Road, in a northerly direction for a distance of 140 feet, more or less, and for a width of 40 feet, as shown on a plan by Geo. E. Hayes, C.E., dated June 1. 1956, which plan was approved by the Lynnfield Planning Board on October 22, 1956.


ARTICLE 41. VOTED UNANIMOUSLY


to ACCEPT AS A PUBLIC WAY, MORAN ROAD, (Portion), as laid out by the Board of Selectmen and approved by the Planning Board, being bounded and described as follows: Running northwesterly from the northerly side of Huckleberry Road to Melch Road, for a distance of 525 feet, more or less, and for a width of 40 feet, as shown on a plan by Geo. E. Hayes, C. E., dated June 1, 1956, which plan was approved by the Lynnfield Planning Board on Oct. 22, 1956.


ARTICLE 42. VOTED UNANIMOUSLY


to ACCEPT AS A PUBLIC WAY, CORTLAND LANE, as laid out by the Board of Select- men and approved by the Planning Board, being bounded and described as follows: Beginning at the northerly side of Apple Hill Lane, thence running northwesterly for a distance of approximately 625 feet, more or less, and for a width of 40 feet, covering that portion of the street through lots 45 and 43, as shown on a plan entitled "Apple Hill, Section E", Geo. E. Hayes, Engineer, March 24, 1956, which plan was approved by the Lynnfield Planning Board on May 14, 1956.




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