USA > Massachusetts > Essex County > Lynnfield > Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1961-1970 > Part 92
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c. Sick leave will be granted to employees only un- der the following conditions:
1. When incapacitated by sickness or injury.
2. When, because of exposure to contagious disease, the presence of the person at work would jeopardize the health of others.
3. In case of death in the immediate family (husband, wife, children, parents, brothers or sisters), employees may be granted sick leave with pay not to exceed three (3) calendar days in each instance.
d. Injury, illness or disability, self-imposed, or as a result of alcohol or drugs not taken as medically pres- cribed treatment will not be considered a proper claim for sick leave benefits.
e. With the department head's approval, vacation time may be converted to sick leave if no sick leave time is available.
f. A medical certificate may be required as proof of sickness, injury or exposure to contagious disease. Failure to report absence promptly or to obtain a re- quired certificate within seven (7) calendar days after
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request will provide the department head sufficient reason for disapproving a sick leave request.
g. If any employee is injured while performing his duty, and such accident is covered by Workmen's Com- pensation, he shall receive sick leave up to the extent of his credits until payment under Workmen's Compen- sation Law begins. In addition, he may receive partial sick leave allowance payments which, when added to disability compensation, will result in full payment of regular salary. Any absence resulting from such injury that is in excess of available sick leave or vacation cre- dits, shall be deemed leave of absence without pay.
h. Traffic Supervisors shall be allowed one (1) working day of sick leave for each month of service not to exceed seven (7) working days per year.
i. No sick leave will be granted to temporary em- ployees.
14. HOLIDAYS
a. Permanent full-time and permanent part-time employees excluding temporary employees, shall receive their regular straight time pay for the following legal holidays falling on a regular day of work.
The legal holidays are:
January 1st First Monday in September
3rd Monday in February October 12
3rd Monday in April
November 11
Last Monday in May Thanksgiving Day July 4th Christmas Day
To be eligible for such holiday pay, an employee shall have worked or have satisfactorily presented himself for work, on the regularly scheduled work day before the holiday, and the first one (1) after it unless absence on either or both work days is approved by the depart- ment head.
b. If required to work on a holiday enumerated above, such employees shall receive regular straight time for the hours actually worked in addition to their regu- lar pay.
c. Traffic Supervisors wil receive regular straight time pay for school holidays.
d. When a legal holiday under paragraph a. falls on a Saturday, the Friday immediately preceding shall be observed and when it falls on a Sunday, the Monday immediately following shall be observed. Permanent full-time and part-time employees shall receive straight time pay for ten (10) legal holidays during each year.
15. LEAVES OF ABSENCE
Except as otherwise provided in this bylaw, all leaves of absence shall be without compensation or other benefits and shall be subject to the approval of the de- partment head. When a leave of absence is occassioned by the medical disability of an employee, as ascertained under Section 13 of this bylaw, after exhausting all available sick leave and vacation leave, the full-time employee shall be granted one day of additional sick
leave for each month of scuh disability, and a part- time employee shall be granted one part-time day for each month of such disability.
16. JURY SERVICE OR ATTENDANCE RE- QUIRED BY SUB-POENA
Full-time and part-time employees, excluding tem- porary employees, shall be allowed leave with pay to fulfill jury duty or because of subpoena from any court or public authority having the power of subpoena. If the jury or witness fees, exclusive of travel allowances, received by said employee for such jury duty or for service in response to such subpoena as a witness shall be less than the regular pay received by him from the Town, the difference between said fees and said regu- lar pay shall be paid to such employee by the Town.
17. REGULAR MILITARY SERVICE - RE-EM- PLOYMENT
Leaves without pay shall be granted to permanent ful-time and part-time employees, excluding tempor- ary employees, who enter military service in accordance with the provisions of the Acts of 1941, Section 708 as amended (Appendix to General Laws (Ter. Ed.) Chap- ter 33) for the duration of a single enlistment which, except for a national emergency as declared by the Pre- sident of the United States will not exceed four (4) years.
17A. MILITARY TRAINING LEAVE
Any member of the Reserve Forces of the United States who, in order to receive military training not ex- ceeding 17 days in any one calendar year leaves a posi- tion of regular full time employment with any Town department and who first shall give notice to his or her department head of the date of departure and date of return for the purpose of military training, and who shall give evidence to his or her department head of the satisfactory completion of such training immedi- ately thereafter shall be entitled to treat such time of absence for military training as Military Leave time and be compensated therefor by the Town in an amount equivalent to the difference between his or her normal rate of pay from the Town and the base pay received by him or her from his or her reserve unit. Such em- ployee shall provide evidence satisfactory to his or her department head of the base pay he or she received from said reserve unit during said period of time. The employee's absence for military training shall not af- fect the employee's right to receive normal vacation, sick leave, advancement and other advantages of his or her employment normally to be anticipated in the em- ployee's particular position. In lieu of Military Leave time and compensation therefor as provided above, the employee shall be entitled to treat such time of absence for military training as part or all of the vacation time to which he or she is entitled and be paid in full for said time upon request prior to departure, notice of date
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of departure and date of return for the purpose of military training being first given by the employee to his or her department head.
18. PRIVATELY-OWNED AUTOMOBILES
When use of a person's private car is necessary and has been authorized by the head of the department, the approved mileage rate as established from time to time by the Board of Selectmen will be allowed. For each trip the city or town visited, the purpose of the trip, and the total mileage must be reported in writing.
19. MEALS
Except as otherwise stated by the statute, all full- time employees shall be reimbursed for meals when on full travel status, which is defined as being tempor- arily absent from their homes on assignment to duty for more than twenty-four (24) continuous hours.
When travel status begins before 6:00 a.m., the per- son will be entitled to breakfast, mid-day and evening meals. When travel status begins between 6:00 a.m. and noon, the person will be entitled to mid-day and even- ing meals. When travel status begins between noon and evening, the person will be entitled to the evening meal. Notwithstanding the above, all employees who attend conferences of municipal officers or employees which pertain to the employees duties shall be reim- bursed any necessary expenses of attending the same.
Reimbursement shall be allowed for actual meal ex- penses incurred, including tips, not to exceed the fol- lowing: breakfast - $1.50; lunch (mid-day meal) $2.50; supper (evening meal) $5.00.
20. PHYSICAL EXAMINATION
General physical qualifications for employment by the Town may be prescribed by the Board of Select- men. Additional special physical qualifications for a particular position may be prescribed by the officer or board having authority to employ to fill that position subject to the approval of the Board of Selectmen. This Section shall not apply to elected officers or those mem- bers of departments who have passed Civil Service ex- aminations, or emergency employees.
a. Every person hereafter employed by the Town except
1. Elected officials or
2. Those members of departments who have passed a physical examination orCivil Ser- vice Commission or
3. Employees of the School Department
shall first be certified by a physician approved by the Board of Selectmen, as physically fit and without con- genital or chronic disease or disability that might in- terfere with the reasonable continuous performance of the duties of the position.
This Section shall also apply to occasional or sub- stitute employees. With respect to such employees, how- ever, the Selectmen may waive the requirements of a
physical examination in the discretion of the Select- men upon receipt by the Selectmen of acceptable evid- ence that the employee is physically qualified for the employment. The applicant must conform to the par- ticular physical requirements, if any, of the position, if there are any such in force.
b. The reasonable cost of all examinations under this Section shall be paid in full by the Town Depart- ment to which the application for employment is made or from any special account of the Town established for this purpose.
c. The examiner shall be furnished with a statement describing the duties to be performed by the applicant. The medical findings of the examination shall be re- corded on a prescribed form, and the details shall, sub- ject to the provisions hereof, be confidential to the ap- plicant, and the examiner. The form shall be deposited with the Board of Selectmen for safe-keeping, the con- tents subject to future reference only by a physician ap- proved by the Board of Selectmen.
d. The examiner may request clinical consultation or laboratory work beyond that specified in the exam- ination form, if in his opinion such information is neces- sary or advisable.
e. A reasonable interval shall be allowed between the time of examination and certification or rejection for the purpose of allowing the applicant to effect such correction as would make him employable.
f. The Board of Selectmen shall notify the appli- cant in writing of the receipt of the examiner's findings and their action thereon.
g. No change in employment to a position for which more exacting physical standards may be prescribed shall be made without re-examination and certification of applicable physical qualifications.
21. CIVIL SERVICE LAW
Nothing in this bylaw, or in the Classification of Employment, shall be construed to conflict with Chap- ter 31 of the General Laws.
22. SEVERABILITY PROVISION
In the event that any provision of this bylaw or ap- plication thereof, shall be held to be invalid, this shall not be construed to affect the validity of any other provision, or application thereof, of this bylaw.
ARTICLE 33.
On motion made and seconded, it was VOTED to INDEFINITELY POSTPONE action on this article. Copy of article is noted below:
"To see if the Town will vote to DISCHARGE cer- tain TOWN COMMITTEES, or what action it will take thereon."
ARTICLE 34.
On motion of Mr. Maney, duly seconded, it was VOTED that the Town amend its by-laws by adding as a part of Chapter 24 entitled "Town Officers" the
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by-law set forth below:
The Chairman of every Town Committee shall at least as often as quarterly, on a calendar year basis, report to the Selectmen in writing the number of meetings of their respective committee called and/or scheduled, the number of said meetings actually held and the name (s) of member(s) who are not present to attend a majority of meetings called and/or scheduled. The Selectmen shall then determine whether the best inter- ests of the Town require the discharge of a Committee, the replacement of any member thereof or any other suitable action, and shall act thereon within thirty (30) days after receipt of such report or the date upon which such report was due.
ARTICLE 35.
On motion of Dr. Devaney, duly seconded, it was VOTED UNANIMOUSLY to authorize the School Committee, in accordance with General Laws Chapter 149, Section 1781 as amended by Chapter 633 of the Acts of 1968, to designate an attorney as a representa- tive of the School Committee for the purpose of bar- gaining with employee organizations for school employees.
ARTICLE 36.
On motion of Mr. Maney, duly seconded, it was VOTED to authorize the Board of Selectmen to per- mit, on such terms as the Selectmen shall determine, the use of Town-owned real estate abutting the Town Hall, formerly known as the Pearson property, or a portion thereof, by such various civic organizations as the Selectmen shall determine.
ARTICLE 37.
On motion of Mr. Peter Gorshel, duly seconded, it was VOTED to amend the Town-by-laws by deleting section A of Chapter 5-Regulations Governing Streets and Ways thereof and by substituting therefor the following:
A. BREAKING, OBSTRUCTING, DIGGING UP OF STREETS
1. Permit Required
No person, firm, corporation, public utility or agency other than the Selectmen or the Road Commissioner in the lawful performance of their duties, or those acting under their orders, except such other persons as are or may be authorized by statute, shall break or ex- cavate the ground in any street or public way in the Town, or dig below the surface thereof, or place any obstruction thereon, or construct a driveway entrance from any street, without first obtaining a written permit therefor from the Selectmen.
2. Application for Permit
No such permit shall be issued until after receipt by the Board of Selectmen of a written application there- for made in writing on forms provided by the Select- men and signed by the applicant or his authorized re-
presentative.
3. Safety Requirements
All persons acting under such permit shall put up and maintain a suitable railing or fence around the part of the street affected so long as the same shall re- main unsafe or inconvenient for travelers and such person shall keep one or more lighted lanterns fixed to such railing or fence, or in some other way exposed, every night from dusk through the entire night.
4. Surety Bond
No such permit shall be issued until after the applic- ant has deposited with the Selectmen a surety bond or security deposit, in form and amount acceptable to the Selectmen, guaranteeing that any road surface worked upon thereunder will be restored without cost to the Town.
5. No such permit shall be issued until after the ap- plicant has filed with the Town a certificate of insur- ance in amounts acceptable to the Selectmen condition- ed substantially that the applicant shall indemnify and save harmless the Town of Lynnfield and its officers from all suits and actions of every kind brought against said Town and its officers for or on account of any in- juries or damages received or sustained by any person in consequence of, or resulting from any work perform- ed by or negligence of said applicant, his ser- vants, agents or employees.
6. Fee for Permit
The fee for permits issued under this Chapter shall be set from time to time by the Selectmen and may be waived by them in their discretion.
7. Issuance of Permit
Upon the filing of an application and security as aforesaid, and payment of any fee, the Selectmen shall cause to be issued, on forms provided by them, a per- mit specifying the nature and location of the work to be done; the terms and conditions of such work impos- ed to preserve public safety and convenience, and the time within which such work is to be completed, but such time shall not be longer than one (1) year from the date of said permit. Notwithstanding such other conditions as may be imposed, it shall be a condition of each permit issued under this bylaw that the appli- cant shall, for a period of one year from the date of issuance of such permit, save harmless the Town of Lynnfield from any and all claims for damages arising from or in consequence of any work performed by or any act or omission of the applicant under such permit or of the applicant's servants, agents or employees.
8. Expiration of Permit
Permits issued under the provisions of this bylaw shall expire as follows:
Upon completion of all work specified on the per- mit, including the restoration of any excavation and the removal of any obstruction, the applicant may pre-
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sent the permit to the Board of Selectmen who shall , cause the Road Commissioner to inspect such work. If the work has been completed to their satisfaction, and in accordance with the terms and conditions of said permit, the Selectmen shall certify the same and the expiration of the permit thereon.
9. Inspection
The Selectmen and the Road Commissioner are au- thorized to inspect, or cause to have inspected, at any time any or all work performed under a permit issued hereunder. If, in the opinion of the Selectmen and/or the Road Commissioner the public safety and welfare so warrant, they or he may order the applicant to fill and resurface any excavation or remove any obstruc- tion within 12 hours of such notice and if such order is not complied with within such time, he or they may cause such work to be done and the applicant shall be responsible for the cost thereof.
10. Exceptions
a. Section 4 of this bylaw shall not apply to public utilities or service companies which elect, in lieu of a bond, to enter into a legally binding agreement with the Town of Lynnfield securing said Town as provided therein.
b. Nothing in this bylaw shall be construed to pre- vent or unduly delay the making of any necessary ex- cavation or the performance of any work related there- to by any public service company in the event of an emergency, and in such cases such public service com- pany may proceed with such work without regard for the provision of this bylaw, provided that within a reasonable period of time after the cessation of such emergency, and not longer than 10 days, all provisions of this bylaw shall becorne effective with respect to such work.
11. Legal Obligations
Nothing herein contained shall be construed to re- lieve any applicant from any obligations or liabilities to the Town of Lynnfield.
12. Penalty
Any person, firm or corporation violating any pro- visions of this Section A shall be punished by a fine of not less than Twenty Dollars ($20.00) nor more than Fifty Dollars ($50.00) for each provision hereof violat- ed, and each day such a violation shall continue after notice to the offender shall constitute a separate of- fense.
13. Severability
In the event that any provisions of this Section A shall be held invalid, such invalidity shall not affect the validity of any other provision thereof.
ARTICLE 38.
On motion of Mr. Maney, duly seconded, it was VOTED that the Town amend its by-laws by adding to Chapter 5 thereof the following:
F. No person shall connect a drain from any pro- perty to a Town or common drain without first obtaining a written permit from the Board of Selectmen by following the procedure herein- after set forth:
1. The applicant shall file a written application for said permit with the Selectmen which shall state in de- tail the proposed location, material, size, construction, depth and gradient of the drain and at the same time shall file copies thereof with the Board of Health and Road Commissioner; said Board of Health and Com- missioner shall report in writing to the Selectmen their recommendations on said application within 14 days.
2. The Board of Selectmen shall act upon said ap- plication within thirty (30) days of its receipt unless the applicant shall extend said time in writing.
3. Upon approval of the application, the applicant shall submit a bond or security deposit, in form and amount acceptable to the Selectmen, to indemnify and hold harmless the Town from any and all loss, damage, cost and expense it may sustain by reason of the work permitted or the negligence or any act of the applicant, his servants, agents or employees in performing the same.
In addition, the applicant shall prepare and file an easement, in form satisfactory to the Selectmen, which shall enable Town to repair, clean, maintain and re- place such drain.
Upon receipt of the foregoing, the Selectmen shall issue such permit with such terms and conditions as they may determine to be in the best interests of the Town.
Until such permit has been issued and delivered, no person shall cut into or in any way interfere with such Town or common drain or allow anything to be dis- charged therein.
The cleaning, maintaining, repairing and replace- ment of a drain permitted hereunder, and the cost thereof, shall be the responsibility of the owner of the land from and through which said drain runs. In the event of the said owner(s) failure to clean, maintain, repair and replace such drain, the Selectmen may in their discretion, cause the same to be done and recover the cost thereof in an action of contract. The provisions of this paragraph shall be included in every application and assented to by the applicant.
All persons acting under such permit shall comply with all other provisions of this Chapter as well as all other applicable regulations of the Town.
In the event any provision of this section shall be determined to be invalid, such invalidity shall not af- fect the validity of any other provision of this secton. ARTICLE 39.
On motion of Mr. Glennon, duly seconded, it was VOTED to amend the by-laws of the Town by deleting
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those provisions of Chapter 11, Section 7 which read as follows:
The studs of all bearing partitions in the first story shall bear directlly upon the wood girder beam or to a shoe attached to a steel girder beam.
ARTICLE 40.
On motion of Mr. Brodbine, duly seconded, it was VOTED that action on this article be referred for fur- ther study with the Planning Board. Following is the article:
"To see if the 'Town will amend Zoning By-laws, Sec- tion 2(b), 11.c. by striking out 11.c and inserting in lieu thereof the following:
11.c. Tourist home, boarding or lodging house, apartment building or apartment complex (but not including overnight cabins, motels or hotels)." ARTICLE 41.
The recommendation of the Planning Board relative to this article was read by Mr. Vaughan Young.
"Recommendation of the Lynnfield Planning Board relative to Article 41 of the Annual 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 on March 5, 1969 at 8:00 P.M. The Hearing had been postponed from February 24 to February 27, and continued to March 5.
"The Planning Board recommends favorable action on Article 41.
"While the result of the extension of the General Business zone will be an irregular rear line, the Resid- ence area into which it extends will probably never be used for dwellings.
"The area in question is currently being used as a riding ring and rezoning is requested for the erection of a cover so that the ring can be used on a year-round basis. This Board is of the opinion that the use would not be detrimental to the area but that the erection of the cover in front of the existing stable could become a potential hazard due to its proximity to Route 1.
"We also recognize that the recreation values of the area is a benefit to the many youngsters who use the stable's facilities and agree that at this time the area is being put to good use."
On motion of Mr. Brodbine, duly seconded, it was VOTED 133 in favor, 20 opposed, to amend the zoning by-laws and zoning district map of the Town of Lynn- field by enlarging the present General Business District on the southeasterly side of the Newburyport Turnpike so as to include a parcel of land described as follows:
Beginning at a point on the southeasterly terminus line of the present General Business District 430 feet from the southwesterly corner of Lot A-2 as shown on "Plan of Land in Lynnfield, Mass. for Peter Romano dated July 29, 1959 drawn by Dana F. Perkins & Sons,
Inc., Civil Engineers and Surveyors, Reading, Mass." recorded in Essex South District Deeds, Book 4642, Page 535, and running southeasterly 150 feet by Lot A-1 as shown on said plan; thence turning and running on a northeasterly line 138.36 feet; thence turning and running northwesterly 150 feet by land now or formerly of Aylemere Bennett to the terminus line of the General Business District; thence turning and running south- westerly 138.36 feet along the terminus line of said General Business District to the point of beginning. All business of this Annual Town Meeting having been completed, on motion made and seconded, it was VOTED to adjourn.
Adjourned at 10:45 P.M.
Harry W. Higgins
Town Clerk
TOWN MEETING ATTENDANCE:
Prec. 1 Prec. 2 Total
March 10, 1969 269
162
431
March 13, 1969 268
172
440
March 17, 1969 176
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