USA > Massachusetts > Essex County > Lynnfield > Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1961-1970 > Part 64
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SECTION II - Immediately after appointment the Recreation Commission shall meet and organize by electing one of its members Chairman and such other officers as may be deemed necessary. The Com- mission shall have the power to adopt by-laws, rules and regulations to conduct and regulate recreation and the means thereof, the rules to protect the rights and property vested in the Town and under the control of this Commission ; and shall have such other powers as may be necessary for the proper discharge of its duties.
SECTION III - The Commission shall have the power to appoint a Superintendent of Recreation who is trained and properly qualified for the work, and such other personnel as may be deemed necessary. Appointment of personnel shall be made in accordance with Town rules and regulations. Compensation shall be fixed by the Board of Selectmen.
SECTION IV - The Commission shall provide, conduct, supervise, manage, operate, equip, maintain, construct and improve playgrounds, playfields, indoor recreation centers and other recreation areas and facilities as may be approved by the Selectmen. It shall have the power to conduct any form of recrea- tion or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner. It may conduct such activities on any properties owned or controlled by the Town and the
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properties of the School Committee, subject to the approval, rules and regulations of the School Com- mittee or other appropriate town agency or depart- ment, and on private property, subject to the consent of the owners.
SECTION V - The Recreation Commission shall establish a regular meeting place, and shall cause to be kept proper accounts and records of the proceedings of the Commission. All accounts, records and proceed- ings shall be open to the public.
SECTION VI - This Commission shall have the power, subject to the general control of the Selectmen, to call upon any other Town Department for assistance in the performance of its duties; and it shall be the duty of such other Departments to comply with any proper request of the Commission. However, this Commission shall be required to reimburse any such Department for its expense incurred in such com- pliance. Any question as to what shall constitute a proper request shall be decided by the Selectmen.
SECTION VII - This Commission may, with the approval of the Selectmen, take and hold by purchase, gift, devise, bequest, or otherwise real and personal property, and may solicit and receive gifts and donations or bequests to be applied, principal or income, for recreation purposes. The Commission shall recommend to the Board of Selectmen the institution of eminent domain proceedings whenever private property should be taken in the name of the Town and for the purposes of the Commission.
SECTION VIII - This Commission may, with the approval of the Board of Selectmen, make con- tracts, and shall provide, in accordance with Town rules and regulations, all necessary materials and supplies for the use of this Commission. Also this Commission, with the approval of the Selectmen shall have the authority to conduct, at reasonable charges, such facilities for amusement, entertainment, refresh- ment or transportation of the public as are suitable for recreation purposes, and may let privileges there- for, but such privileges shall be subject to supervision and control of this Commission and its Superintendent.
SECTION IX - Annually in the authorized manner this Commission shall transmit the estimates of the amount of money required for the purposes of this Commission for the ensuing fiscal year. Upon action by the Selectmen and the Finance Committee, the estimates may be placed in the annual Town Budget, and the funds may be appropriated for the operation and extension of the recreation system.
SECTION X - The Recreation Commission shall submit an annual report to the Selectmen and other reports from time to time as requested.
ARTICLE 17
On motion of Mr. Kautz, duly seconded, it was VOTED that the sum of Two Thousand Eight Hundred Dollars ($2,800.) be raised and appropriated for the use of the Town Recreation Commission established under Article 16 for incidental expenses, studies and activities necessary and incidental to the operation of said Commission.
ARTICLE 18
On motion made and seconded, it was VOTED to INDEFINITELY POSTPONE action on this article which reads as follows :
"To see if the Town will vote to raise and appropriate, appropriate by transfer or borrow, or from any or all of such sources a sum of money for the purchase of a certain parcel of land, with the buildings thereon in the Town of Lynnfield, known as the Pocahontas Tavern Area, and currently owned by the Estate of Joseph Smith, said land and buildings being lo- cated on the northerly side of Lowell Street and the easterly side of Main Street, Lynnfield, for the use of and under the supervision and control of the Town Recreation Commission, said land being bounded and described as follows:
"Beginning at an iron bolt on the said northerly side of said Lowell Street and at other land of said Smith Estate, from thence the line runs by the wall and the said northerly side line of said Lowell Street the following courses and distances : "N. 39-04-30 W 96.16 feet to a drill hole; N. 35- 41-30 W 176.13 feet to a drill hole; N. 61-32-00 WV 50.08 feet to a drill hole; N. 69-04-10 W 65.31 feet to a drill hole; N. 74-43-20 W 124.28 feet to the southeast corner of a stone post; N. 86-46-00 IV 64.45 feet to a stone bound; thence on a curve to the left on a radius of 100.00 feet, by the present County line of said Main Street, a length 175.78 ft. to a stone bound ; thence by the easterly line of said Main Street, N. 13-27-40 E., a distance of 98.53 feet to a bound; thence on a curve to the right still by said Main Street on a radius of 1000.00 feet, a length of 418.48 feet to land of Sumner T. Smith; thence by said Sumner T. Smith on a bearing of S. 51-21-10 E., a distance of 250.00 feet; thence still by said Smith N. 38- 28-10 E., a distance of 300.00 feet to land of Helen
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M. Randall; thence by said Randall S. 51-22-15 E., a distance of 50.00 feet; thence still by said Randall N. 59-33-50 E., a distance of 412.54 feet to an iron pipe at land of the Sagamore Spring Real Estate Trust; thence southeasterly by said Trust by the following courses; S. 47-03-00 E., 48.80 feet to a drill hole; S. 47-00-40 E., 143.72 feet to a drill hole; S. 45-33-10 E., 167.22 feet to a drill hole; S. 46-19-10 E., 133.17 feet to a drill hole at a corner; thence southwesterly by said Trust by the following course; S. 26-20-00 W., 80.90 feet to a drill hole; S. 37-21-10 W., 270.95 feet to a drill hole at a corner of wall; thence again southeasterly by said Trust and a stone wall, S. 59-04-20 E., 144.40 feet to a drill hole ; S. 59-48-30 E., 124.63 feet to a drill hole; S. 78- 35-50 E., 64.19 feet to a drill hole ; S. 81-39-36 E., 38.87 feet to a corner at other land of the Estate of Joseph Smith; thence by the said other land of Smith Estate the following; S. 31-05-50 W., 445.13 feet to a stake; N. 42-17-55 W., 327.82 feet to an iron pipe; N. 30-25-00 W., 144.66 feet to an iron pipe; thence S. 48-26-20 W., a distance of 533.53 feet to the iron bolt at the point of beginning on Lowell Street.
"Containing 21,872 acres of land, more or less, and the above described lines being more fully shown on a plan of said premises entitled, 'Plan of Land in Lynnfield to be conveyed to the In- habitants of the Town of Lynnfield for Recrea- tional Purposes', made under date of January 1967 by H. Kingman Abbott, Registered Surveyor, Reading, said plan being a part of this description and to be recorded".
Submitted by RECREATIONAL SITES COMMITTEE
ARTICLE 19
On motion of Mr. Foulds, duly seconded, it was VOTED to authorize and instruct the Board of Selectmen to appoint an Elementary School Building Committee of seven citizens ; said committee to obtain preliminary plans, sketches and estimates of costs for the construction of elementary school facilities to be attached to the Summer Street School and the Huckleberry Hill School on land owned by the Town ; provided, however, that the plans, sketches and estimates be submitted to the following boards and committees :
1. Board of Selectmen
2. School Committee
3. Finance Committee
4. Planning Board
and that the approval of the plans, and sketches by at least three of these boards or committes be secured before the Elementary School Building Committee reports to the Town and to raise and appropriate the sum of Six Thousand Dollars ($6,000.00) for the use of the Elementary School Building Committee.
A motion for reconsideration of this article was lost.
A motion to adjourn to Monday evening, March 27, 1967 at 8:00 P. M. in the Junior High School Auditorium and Gymnasium if necessary, was VOTED. Adjourned at 11:00 P. M.
FOURTH SITTING OF ANNUAL TOWN
MEETING HELD MONDAY, MARCH 27, 1967 IN THE JUNIOR HIGH SCHOOL AUDITORIUM
The meeting was called to order at 8:05 P. M. by the Moderator.
Unregistered persons wishing to attend the meet- ing were admitted by vote of the attending towns- people and were seated on the stage.
The first order of business was action on Article 20.
ARTICLE 20
On motion made and seconded, it was VOTED to authorize and instruct the Board of Selectmen to appoint a School Site Selection Committee of five citizens to locate one or more suitable sites for future school construction; said committee to report its recommendations to the Town; and to appropriate by transfer from thhe FUTURE SCHOOL SITES AC- COUNT the sum of Nine Hundred Sixty Five and 23/100 Dollars ($965.23) for the use of the School Site Selection Committee.
ARTICLE 21
On motion made and seconded, it was VOTED to INDEFINITELY POSTPONE action on this article which reads as follows :
"To see if the Town will vote to authorize and direct the Board of Selectmen to create a High- way Garage Building Committee and to author- ize said Committee to construct and equip, where necessary, a garage addition to be connected with
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the present Highway Garage and to alter, remodel and renovate the present Highway Garage, all in accordance with plans already acquired and approved by the appropriate Town Boards and Agencies, and to raise and appropriate. appropri- ate by transfer from available funds, or borrow, or from any or all such sources, a sum of money for such purposes, or what action it will take thereon."
ARTICLE 22
Because the recommendation of the Planning Board did not approve the passage of this article, and since a period of two years had not elapsed since this article was submitted to a Town Meeting, the Moderator ruled that this article could not be acted on.
The recommendation of the Planning Board and the article as it appeared in the warrant for the Town Meeting are noted below.
Recommendation of the Lynnfield Planning Board relative to Article 22 of the Town Warrant. "In accordance with Chapter 40A of the General Laws, Section 6, a duly advertised Public Hear- ing was held by the Planning Board at the Town Hall on February 20, 1967 at 8:00 P.M. at which time the full board was present and acted throughout on Article 22 as contained in the Town Warrant for the Annual Town Meeting to be held on March 13, 1967.
"After holding a Public Hearing on this article and after careful consideration, it is the majority opinion of the Planning Board that Article 22 should be defeated. The Limited Business Dis- tricts were created to serve the needs of the immediate neighborhood without having a critical impact on the nearby residential areas. If automo- tive service stations were to be permitted in a Limited Business District, they would, in our opinion, be detrimental to the abutting residential neighborhood. The glaring lights, turned on for all hours, the storage of vehicles in various stages of repair or disrepair, the storage, temporary though it may be, of the discarded tires, etc., and the customary circus type banners used to attract one's attention, are some of the things that go to make up the ordinary automobile service station. The Planning Board suggests that this type of operation has no place in a small business district surrounded by good residential areas.
"The Planning Board has continually attempted to maintain a high standard for our Residential
Districts. Any possible contamination of these districts by loosening the reins on what would or would not be a permitted use in an adjoining Limited Business District should be defeated.
"A minority of the Planning Board disagrees with the above recommendation believing that auto- motive service stations should be a permitted use in a Limited Business District, that the ad- vantages to the adjacent residential area outweigh the disadvantages and, therefore, would be an overall benefit to the area."
The article as it appeared in the warrant follows :
"To see if the Town will vote to amend Zoning By-Laws Section 2 (c) 3 by changing the period after the word Trailor to a comma, and adding thereto the following: Automobile service station, where such type of consumer service is not in- consistent with other consumer services in the same limited business district."
ARTICLE 23
On motion of Mr. Colby Burbank, Chairman of the Planning Board, duly seconded, it was VOTED to raise and appropriate the sum of Six Thousand Dollars ($6,000.00) for an engineering survey and study of an area along the northerly side of Pillings Pond between Summer Street (near Archer Lane) and Pillings Pond Road: said survey and study to deter- mine the most advantageous layout of a way that would run between Summer Street and Pillings Pond Road, said funds to be expended by the Planning Board.
A motion by Mr. Herbert Chase for indefinite postponement of this article had failed.
ARTICLE 24
The recommendation of the Planning Board relative to this article was read by Mr. Colby Burbank.
"Recommendation of the Lynnfield Planning Board relative to Article 24 of the Town Warrant. "In accordance with Chapter 40A of the General Laws, Section 6, a duly advertised Public Hear- ing was held by the Planning Board at the Town Hall on February 20, 1967 at 8:00 P. M. at which time the full board was present and acted through- out on Article 24 as contained in the Town Warrant for the Annual Town Meeting to be held on March 13, 1967.
"After careful consideration and after holding a Public Hearing on this article, the Planning Board recommends the adoption of Article 24.
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When the original By-Law was written, there were certain limitations put on the size of the signs allowed in the various Zoning Districts. However, it was never made clear as to just what constituted the "sign area". Article 24 is intended to rectify this apparent oversight."
On motion of Mr. Colby Burbank, duly seconded, it was VOTED UNANIMOUSLY that the Town amend its Zoning By-Laws, by adding paragraph "i" to Section 13, of initions, as follows :
i. Area of a Sign - The area of the minimum rectangle in the plane of the sign necessary to totally enclose all parts of it.
ARTICLE 25
On motion of Mr. Ham, Tax Collector, duly seconded, this article was DEFEATED. The article read as follows :
"To see if the Town will vote to raise and ap- propriate or appropriate by transfer from avail- able funds, or both, a sum of money for the purchase and installation of materials necessary to convert an existing recess in the Tax Collec- tor's office, in the Town Hall, into a fireproof vault, or what action it will take thereon."
ARTICLE 26
On motion of Mr. Myles Burke, duly seconded, it was VOTED to raise and appropriate the sum of Two Thousand Dollars ($2,000.00) to be expended by the Selectmen for the continuance of the control of algae, weeds, and other aquatic nuisances in Pillings Pond and to direct the Selectmen to cause the same to be done.
ARTICLE 27
On motion of Mr. Myles Burke, duly seconded, it was VOTED that the Town transfer the care, custody, management and control of the land located between what is now old Salem Street and New Salem Street, and which resulted from the relocation of Salem Street, Lynnfield, from the Board of Select- men to the Park and Cemetery Commission of the Town.
ARTICLE 28
On motion of Mr. John Harriss, duly seconded, it was VOTED to accept the provisions of General Laws, Chapter 40, Section 8(d) and to create a Town
Historical Commission in accordance with the pro- visions of said Statute to consist of 5 members service without pay.
ARTICLE 29
On motion of Mr. John Harriss, as amended and duly seconded, it was VOTED to raise and appropriate the sum of One Hundred Dollars ($100.00) for the use of the Historical Commission established under Article 28 for incidental expenses, studies and activities necessary and incidental to the purposes of said com- mission.
ARTICLE 30
On motion of Mr. Peter Gorshel, Town Counsel, duly seconded, it was VOTED UNANIMOUSLY to authorize and instruct the Board of Selectmen to create a By-Law Revision Committee to examine the current By-Laws of the Town together with all rules and regulations of the various Town agencies and to propose to the Town where Town action is required, and to the various Town agencies, where the action of the same is required, all amendments, revisions and/or new by-laws and rules and regulations which in the opinion of the committee are necessary to bring the by-laws and rules and regulations of the Town and its various agencies into harmony with current theories of municipal government and the needs of the Town in relation to modern society.
ARTICLE 31
On motion of Mr. Peter Gorshel, Town Counsel, duly seconded, it was VOTED to raise and appropriate the sum of Two Thousand Dollars ($2,000.00) to be used by the Town's By-Law Revision Committee for studies, clerical and stenographic expense, conduct of hearings, if any, and publication of notice thereof and all oher activities necessary and incidental to the purposes of said committee.
ARTICLE 32
On motion made and seconded, it was VOTED that the Town raise and appropriate the sum of Eleven Thousand Dollars ($11,000.00) to be placed in the Stabilization Fund.
ARTICLE 33
On motion of Mr. Peter Gorshel, duly seconded, it was VOTED that the Town amend its By-Laws by adding the following as Section 1 of Chapter 9, (Old Chapter 8) "Regulations Regarding Persons and Property":
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Section 1
A. No occupier or owner of land shall permit any junked, stripped, partially dismantled or wrecked motor vehicle, or parts thereof, debris. junk, scrap metals or other waste material or waste products to be stored, parked or placed on any premises owned or occupied by him unless the same shall be within a building or area such that the debris or other materials previously enumerated shall be unexposed to view of the public or abutters, or within an area operated by a properly licensed person or persons, or corporation for the purpose of selling the same and is not in violation of any Town agency or law of the Common- wealth.
B. No occupier or owner of land shall permit more than one unregistered used motor vehicle within public view or the view of abutters on the land owned or occupied by him, unless such unregistered used motor vehicles are used regularly on the premises or unless such unregistered used motor vehicles are dis- played by a properly licensed person or persons, or corporation for the purpose of selling the same.
C. The Selectmen, either as a result of their own observations or of the receipt of a complaint from any individual, may, when a majority of the Board of Selectmen determines that a violation of this section exists, notify in writing the occupier or owner of land on which such an offending vehicle, parts thereof or other material within the meaning of Sections A and B supra, is permitted, to remove the same in or within five (5) days from the date of the notice; delivery of such notice shall be made by mailing the same by ordinary mail, postage prepaid, to the last known address of said owner or occupier of such land. Every day that such an offending vehicle, or parts thereof, or other offending materials within the meaning of this section shall be allowed to remain on the premises commencing with the sixth day after the date of said notice, including Saturdays, Sundays and Holidays, shall be considered a separate offense.
D. Each violation of this By-Law shall be punished by a fine of not less than Twenty Dollars ($20.00) nor more than Fifty Dollars ($50.00).
ARTICLE 34
On motion made and seconded, it was VOTED UNANIMOUSLY that the Town amend its By-Laws by adding to Chapter 11, Section 4 (Old Chapter 10, Section 4) the words, "but no less than $10.00" after the words, "New Construction - 0.2% of estimated cost".
ARTICLE 35
The recommendation of the Planning Board relative to this article was read by Mr. Colby Bur- bank.
"Recommendation of the Lynnfield Planning Board relative to Article 35 of the Town Warrant. "In accordance with Chapter 40A of the General Laws, Section 6, a duly advertised Public Hearing was held by the Planning Board at the Town Hall March 6, 1967 at 8:00 P.M. at which time four members of the board were present and acted throughout on Article 35 as contained in the Town Warrant for the Annual Town Meeting to be held on March 13, 1967.
"After carefully considering the article and after holding a Public Hearing thereon, the Planning Board recommends the adoption of Article 35. Until now the penalty for a violation of the Planning & Zoning By-Laws could not exceed twenty dollars. This article 35 would in effect raise this maximum penalty to $50 but not less than $20 and thus make it more costly and hope- fully less desirable to disobey these statutes."
On motion of Mr. Colby Burbank, duly seconded,
it was VOTED UNANIMOUSLY that the Town amend its By-Laws by amending Chapter 10 - Plan- ning and Zoning, Part II, Section 8 (e) (Previously Section 8 e of Chapter 9) by deleting the words, "a sum not to exceed twenty dollars", and substituting the words, "a sum not less than twenty dollars and not more than fifty dollars".
ARTICLE 36
On motion made and seconded, it was VOTED UNANIMOUSLY that the Town amend its By-Laws by amending Chapter 23 (previously Chapter 20) entitled "Penalties Under By-Laws", by deleting the words, "not less than one (1) nor more than twenty (20)", and substituting the words, "not less than twenty (20) nor more than fifty (50)" therefor.
ARTICLE 37
On motion of Mr. Gorshel, duly seconded, it was VOTED UNANIMOUSLY that the Town accept as a public way, Daventry Court, as laid out by the Board of Selectmen and approved by the Planning Board as follows :
Running from the easterly side of Durham Drive for a distance of 1,139.13 feet, more or less, to Huntingdon Road and for a width of 40 feet.
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Amendments to Town By-Laws adopted under articles 33, 34 and 36 and Zoning by-law amendments adopted under articles 24 and 35 were approved by the Attorney General, Elliot Richardson on May 5, 1967 and published in the Daily Evening Item, Lynn on May 13, 20, and 27, 1967.
APPROPRIATIONS TO BE RAISED IN THE TAX LEVY OF THE CURRENT YEAR, VOTED AT THE ANNUAL TOWN MEETING HELD MARCH
13, 16, 20 AND 27, 1967
35. Appeal Board - Expenses 595.
36. Municipal Buildings - Salaries 10,487.
37. Municipal Buildings - Expenses 16,683.
38. Municipal Buildings - Capital Outlay 1,050.
39. Police Department - Salaries
157,342.
40. Police Department - Expenses 7,900.
41. Police Department - Out-of-State Travel
550.
42. Police Department - Capital Outlay 5,000.
43. Police Department - Police Training
43a. Police Department - Medical Bills
44. Police Department - Police Training School Expense 500.
45. Fire Department - Salaries
31,550.
46. Fire Department - Expenses 7,487.
47. Fire Department - Capital Outlay 6,250.
48. Fire Department - Maintenance of Alarm - Salaries 3,510.
49. Fire Department - Maintenance of Alarm - Expenses 800.
50. Fire Department - Maintenance of Alarm - Capital Outlay 440.
51. Tree Department - Salary - Tree Warden 4,419.
6. Accountant - Salaries
8,914.
7. Accountant - Expenses
775.
54. Tree Department - Expenses 1,350.
8. Accountant - Capital Outlay
55. Tree Department - Shade Trees 500
8a. Accountant - Out-of-State Travel
200.
56. Tree Department - Capital Outlay
9. Treasurer - Salaries
8,542.
57. Moth Department - Salary - Moth Supt. 1,792.
10. Treasurer - Expenses
1,000.
58. Moth Department - Wages 3,051.
11. Treasurer - Tax Title Proceedings
500.
59. Moth Department - Wages - Overtime 350.
12. Treasurer - Capital Outlay
320.
60. Moth Department - Expenses
220
13. Tax Collector - Salaries
12,648.
14. Tax Collector - Expenses
2,640.
15. Tax Collector - Capital Outlay
16. Assessors - Salaries
12,680.
63. Moth Department - Out of State Travel 100.
17. Assessors - Expenses
4,600.
64. Building Inspector - Salary - Base 750.
18. Assessors - Capital Outlay
550.
65. Building Inspector - Drawing Account 2,550.
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