USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1933-1934 > Part 9
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Voted in the affirmative.
The Moderator appointed Mr. H. C. Barrows. Mr. Joseph M. Grimes, and Mr. A. T. Norton. The committee retired and sub- mitted the following list as nominations.
Field Driver
CHARLES D. REILLY
Surveyors of Wood, Bark and Lumber
Wilfred A. Andrews
Arthur W. Eames
Schamiel R. McIntosh
Edward N. Eames
Harry R. Deming Herbert C. Barrows
Public Weighers of Merchandise
Fred W. Carter
Clifford Gates
Harry R. Deming
Walter L. Hale, Jr.
Clayton F. Lyons Algot L. Osterman
Cemetery Commissioner (three years) Wallace E. Barrows
Motion by Mr. Barrows that the report of the committee be accepted and adopted and the nominees be declared elected.
Voted in the affirmative.
Article 3. Motion by Mr. Harriman, that the committee on ad- ditional School Accommodations be extended for another year.
Voted in the affirmative.
Report of Committee on resolution on the decease of Mr. John T. Holmes.
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Whereas, It has pleased The Almighty to remove from our midst, by death, our esteemed friend and Selectman, John Thomas Holmes, who has for many years occupied a prominent rank in our midst, maintaining under all circumstances a character un- tarnished, and a reputation above reproach;
Therefore, Be It Resolved, that in the death of Mr. Holmes we, the citizens of the Town of Wilmington have sustained the loss of a friend whose fellowship it was an honor and a pleasure to enjoy, that we bear willing testimony to his many virtues, to his unquestioned probity and stainless life; that we offer to his bereaved family and mourning friends, over whom sorrow had hung her sable mantle, our heartfelt condolence, and pray that The Infinite God may bring speedy relief to their burdened hearts and inspire them with comfort of Hope in the future and Faith in God even though Death overshadows;
Resolved, That a copy of these resolutions, properly engrossed, be presented to the family of our deceased friend and spread upon the records of the Town of Wilmington.
Mr. Bedell moved that the resolutuions be accepted by a rising vote in respect to the late Mr. Holmes.
Unanimously voted in the affirmative.
Article 4. Motion by Mr. Barrows, That the Town raise and appropriate the several and respective sums as recommended by the Finance Committee, each item to be taken up and voted upon separately, subject to amendment.
Voted in the affirmative.
The following amounts were raised and appropriated under this Article.
General Government
Selectmen
$650.00
Town Accountant
650.00
Treasurer
950.00
Collector
2,500.00
Assessors
2,000.00
Finance Committee
75.00
Town Counsel
450.00
Town Clerk
450.00
Election and Registration
600.00
Town Hall
500.00
Constable
50.00
$8,875.00
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Protection of Life and Property
Police
$6,800.00
Fire Department
5,500.00
Hydrant Rental
5,080.00
Inspection of Buildings
275.00
Sealer of Weights and Measures
325.00
Moth Department
300.00
Tree Warden
500.00
Forest Fires
500.00
Health and Sanitation
1,300.00
Public Health Nurse
1,000.00
$21,580.00
Highways. Roads and Bridges
General Appropriation
$13,000.00
Shawsheen Avenue construction
2,000.00
Chapter 90 maintenance
1,000.00
Street Lights
7.685.00
$23,685.00
Charities and Aid
Public Welfare
$11,000.00
Mothers' Aid
2,400.00
State Aid
600.00
Military Aid
100.00
Soldiers' Relief
2,500.00
.
$16,600.00
Education
Schools. On an amendment offered by Mr. Farrell that the school appropriation be amended to read sev- enty-two thousand ($72,000.00) dollars. Voted in the negative.
$65,000.00
Vocational Training
1,800.00
Library
800.00
Schools
$67,600.00
·
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Miscellaneous
Parks
Unclassified
Cemetery. On amendment offered by Mr. McMahon that the Cemetery appropriation be amended to two thou- sand five hundred ($2,500.00) dollars.
Voted in the affirmative.
Cemetery
Interest. This item was laid on the table until after the Water Department was taken up. When the follow- ing action was taken.
Interest. On amendment offered by Mr. Harriman that the sum of twenty thousand dollars ($20,000.00) be appropriated for the payment of interest, thirteen thousand dolars ($13,000.00) of which to be raised by taxation, and seven thousand dollars ($7,000.00) transferred from Water Revenue Account.
Voted in the affirmative.
Interest 13,000.00
Town Indebtedness 14,250.00
Reserve Fund 5,500.00
$36,150.00
Water Department
Balance from 1933 and receipts of department $10,000.00 of which to be available for operating expenses, balance to be applied to Interest Account.
On amendment offered by Mr. Harriman that the unex- pended balance from 1933 and receipts in 1934 be appropriated for operation and maintenance of the Water Department.
Voted in the affirmative.
At this time the Interest item was taken up, reported above.
Article 5. Motion by Mr. MacQuaide, That the Town Treasurer with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1934, and to issue a note or notes therefor, payable within one year.
Voted in the affirmative.
$300.00 600.00
2,500.00
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Article 6. Motion of Mr. Nee, That the Town authorize the Treas- urer, with the approval of the Selectmen, to renew or refund any notes issued in anticipation of revenue for a period of less than one year, in accordance with the provisions of Section 17, Chapter 44, General Laws.
Voted in the affirmative.
Article 7. Motion by Mr. Wood, That the Towe vote to raise and appropriate the sum of Four Hundred Dollars ($400.00) for the observance of Memorial Day, and that the Moderator appoint a Committee who shall arrange and have charge of such observance.
Voted in the affirmative.
The Moderator appointed the following Committee: Joseph H. Woods, Chairman, A. L.
Walter Fitch, A. L.
Frederick J. MacQuaide, A. L.
Herbert Higginbotham, V. F. W.
Joseph T. Kelley, V. F. W.
Francis G. Poitrast, V. F. W.
John Simpson, G. A. R.
John Chisholm, U. S. W. V.
Harold E. Melzar, Civilian
Joseph Nee, Civilian
Miss Elizabeth McMahon, A. L. Auxiliary
Mrs. Austin Taylor, A. L. Auxiliary
Mrs. James Castine, A. L. Auxiliary Mrs. Blanche Hoyt, V. F. W. Auxiliary
Mrs. Elizabeth Kelley, V. F. W. Auxiliary
Mrs. Evelyn Gordon, V. F. W. Auxiliary
Article S. Motion by Mr. MacQuaide, That the Town raise and appropriate the sum of nine hundred thirteen dollars and thirty cents ($913.30) for interest account of year 1933.
Voted in the affirmative.
Article 9. Motion of Mr. Nee, That the Town raise and appro- priate the sum of three hundred forty-three dollars and forty cents $343.40) for abatements, account of 1931 taxes.
Voted in the affirmative.
Article 10. Motion by Mr. MacQuaide, That the sum of one thousand five hundred dollars ($1,500.00) this being the Town's share of the principal of the Middlesex County Tuberculosis Hos- pital Funding Loan, Act of 1932 bonds maturing in 1934, be and the same is hereby appropriated, and that a further sum of two hundred one dollars and seventy-five cents ($201.75) be and hereby is appro- priated on account of interest and other charges on account there-
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of. That a further sum of one hundred thirty-two dollars and thirty-nine cents ($132.39) be and hereby is appropriated for the Town's share of the expenses incurred under the provisions o: Chapter 331 of the Acts of 1933, which provided for the settlement of certain claims of the Commonwealth against the Middlesex County Tuberculosis Hospital District. That a further sum of five hundred eighteen dollars and fifteen cents ($518.15) be and hereby is appropriated for the Town's share of the net cost of care, main- tenance, and repairs of the Middlesex County Hospital, including interest on temporary notes issued therefor, in accordance with sections of Chapter 111 of the General Laws applicable thereto.
Voted in the affirmative.
Article 11. Motion of Mr. Bedell, That the Town raise and appropriate the sum of fifty dollars ($50.00) to cover incidental ex- pense of the Planning Board.
Voted in the affirmative.
Article 12. Motion by Mr. Neilson, That the Moderator be in- structed to appoint a Committee of two members to assist the Planning Board.
Voted in the affirmative.
The Moderator appointed the following named persons. Mr. Howard E. Bedell Mr. Charles H. Black
Article 13. Motion by Mr. Nee, That the Town raise and appro- priate the sum of four hundred and six dollars ($406.00) to pay for officers and employees of the Highway Department and Police officers anad employees of the Highway Department anad Police Department of the Town against loss by reason of their liability to pay damages to others for bodily injuries, including death, at any time resulting therefrom, caused by the operation within the scope of their official duties or employment, of motor vehicles owned by the Town, to an amount not exceeding five thousand dollars ($5,000.00) on account of injury to or death of one person, in accord- ance with the provisions of Secton 5 of Chapter 40 of the General Laws as amended by Section 3 of Chapter 458 of the Acts of 1931
Voted in the affirmative.
Article 14. After much discussion of this Article both pro and con Motion made to pass the Article.
Voted in the affirmative.
Article 15. Motion to pass the Article.
Voted in the affirmative.
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Article 16. Motion by Mr. O'Leary, That an annual vacation of two weeks with full pay shall be given the Chief, permanent officers and permanent men of the Fire Department of the Town, and that such vacation shall be granted annually hereafter.
Voted in the affirmative.
Article 17. Motion by Mr. Melzar, That the Selectmen be auth- orized in their discretion to relocate three street lights now on pole locations on Main Street, and one to be placed on Woburn Street opposite the residence of Edward B. Eames.
Voted in the affirmative.
Article 18. Motion by Mr. McMahon, That the Town appropriate the sum of four hundred dollars ($400.00) for the purchase of loam and fertilizer for the cemetery, this amount to be transferred from the Cemetery Reserve Account.
Voted in the affirmative.
Article 19. Motion by Mr. Kelley, That the Town vote to raise and appropriate the sum of one thousand five hundred dollars ($1,500.00) for the purpose of extending a water main, from the Stand Pipe North to or toward Nassau Avenue and Dutton Road.
Decision of the Moderator questioned.
101 voted in the affirmative. 124 voted in the negative. Voted in the negative.
Article 20. Motion by Mr. Allgrove, That the Town vote to raise and appropriate the sum of eighteen hundred dollars ($1,800.00) for the purpose of extending the water main from its present terminus near the residence of Mr. Albert Buck, south along Woburn Street, near the residence of Elmer J. Larson.
Voted in the negative.
Article 21. Motion by Mr. Nee, That the Town vote to raise and appropriate the sum of Six Thousand Eight Hundred Dollars ($6,800.00) for the purpose of extending the water main from the corner of Middlesex Ave. and Salem Street northwest along Salem Street toward the Tewksbury line as far as the said amount will go.
Decision of the Moderator questioned.
108 voted in the affirmative. 102 voted in the negative. Voted in the affirmative.
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Article 22. Motion by Mr. DeCota, That the Town vote to raise and appropriate the sum of Nine Thousand Dollars ($9,000.00) to extend the water main from its present terminus on Shawsheen Avenue, corner of Aldrich Road along Shawsheen Ave. to or toward corner of Lake Street and Shawsheen Ave., or as far as said appropriation will go.
Decision of the Moderator questioned.
77 voted in the affirmative. 130 voted in the negative. Voted in the negative.
Article 23. Motion by Mr. Carter, That the Town vote to raise and appropriate the sum of Five Thousand Dollars ($5,000.00) for the extension of the water main on Lowell Street from Perry's Corner easterly.
Decision of the Moderator questioned.
80 voted in the affirmative. 98 voted in the negative. Voted in the negative.
Motion to adjourn. Voted in the affirmative.
Attest:
RALPH R. CURRIER,
Town Clerk.
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TOWN WARRANT
To H. J. Ainsworth, a constable of the Town of Wilmington:
Greeting-In the name of the Commonwealth of Massachusetts, and in the manner prescribed in the by-laws of said town, you are hereby directed to notify and warn the inhabitants of the town qualified by law to vote in town affairs, to meet and assemble at the Grange Hall on Friday, the sixth day of July next, at 8:00 o'clock P. M. to consider and act on the following article:
Article 1. To see if the Town will vote to alter its by-laws by adopting and adding thereto a Zoning By-Law as authorized by Sections 25 to 30A inclusive, of Chapter 40 of the General Laws, and by any and all acts in amendment thereof and in addition thereto.
There is set forth in the following paragraphs the text of the proposed zoning by-law as at present approved and recommended by the Planning Board after public hearing as provided by law. The Town Meeting called by this warrant, may as provided by law, either adopt, reject or amend and adopt, such proposed by-law.
PROPOSED ZONING BY-LAWS
This by-law and map is offered by the Planning Board as a basis for discussion. It is the hope of the Planning Board that they will have your favorable consideration.
Section 1. To promote the health, safety, morals, convenience and general welfare of its inhabitants, to lessen the danger from fire and congestion, and to improve and beautify the town under the provisions of General Laws, Chapter 40, as amended, the use, con- struction, repair, alteration, height, location and area of buildings and structures and the use of premises in the town of Wilmington are hereby regulated as herein provided.
Section 2. DEFINITIONS. In this by-law the following terms shall have the meanings here assigned to them:
(a) A FAMILY: Any number of individuals living and cook- ing together on the premises as a single housekeeping unit.
(b) A ONE-FAMILY HOUSE: A detached dwelling designed for and occupied by a single family.
(c) SEMI-DETACHED HOUSE: Two one-family houses built together at the same time.
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(d) A TWO-FAMILY HOUSE: A detached dwelling designed for two families.
(e) APARTMENT HOUSE: A dwelling for more than two families under one roof, or for one or more families above a first floor used for non-residence purposes.
(f) A DWELLING: Any building used in whole or in part for habitation.
(g) HOTEL OR LODGING HOUSE: A hotel or lodging house is a building erected or used for paying guests, permanently or transiently, where over three (3) bedrooms are used for such purposes.
(h) A HALF STORY: A half story is that portion of a build- ing under a sloping roof the cubic contents of which are never more than one-half of that of the story below. If the cubic con- tents are greater-it shall be deemed a story.
(i) AN ACCESSORY USE OR BUILDING: A use of land or a structure or building customarily incident to the main use of land or building to which it is accessory.
(j) NON-CONFORMING USE OR BUILDING: An existing use of land or of a building, or a structure of building which does not conform to the regulations for the district in which such use of land, structure or building exists.
(k) A LOT: A lot is that area of land described in an appli- cation for a permit.
USE REGULATIONS
Section 3. For the purpose of this by-law, the Town of Wil- mington is divided into five types of districts designated as:
1. Single Residence Districts.
2. General Residence Districts.
3. Business Districts.
4. Light Industrial Districts.
5. Heavy Industrial Districts.
Said districts are as shown, defined and bounded on the map accompanying this by-law entitled, "Zoning Plan, Wilmington, March 30, 1932," revised to June 19, 1934 signed by the Planning Board and its Advisory Committee, on file with the Town Clerk, and said map and all explanatory matter thereon are hereby made a part of this By-Law.
In such districts, subject to the provisions of Section 13 and 14 new buildings or structures, and alterations, enlargements or ex- tensions of existing buildings or structures, may be designed, arranged, and (or) constructed, and land, buildings, structures, or parts thereof, may be used as specified for each type of district in Sections 4, 5, 6, 7A and 7B, subject as specified in such sections, to the provisions of Sections 16 and 17. No other uses shall be permitted in such districts.
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Section 4. SINGLE RESIDENCE DISTRICTS.
1. One-family detached houses.
2. The taking of boarders or the leasing of rooms by a family resident on the premises.
3. Boarding and lodging houses, tea rooms, and hotels, subject to the provisions of Section 17.
4. Churches, schools, public libraries, public museums, parish houses, and, subject to the provisions of Section 17, the following: Cemeteries; hospitals; sanitaria; philanthropic institutions with essential accessories.
5. Private clubs not conducted for profit.
6. Municipal parks, playgrounds, recreation buildings, water towers and reservoirs.
7. Farms, greenhouses, nurseries and truck gardens.
8. The sale of farm products raised on the land of the owner, provided that the front yard set-back is observed.
9. Real estate signs, of not over 6 square feet in area advertis- ing the sale or rental of only the premises on which they are located, lodging, boarding house and tourist signs of not over two square feet, and bulletin boards of not over 10 square feet accessory to uses specified in paragraphs 4, 5 and 6 of this sec- tion and placed as the building inspector may direct.
10. Passenger stations.
11. Telephone exchanges, provided there is no service yard or garage and that the design of the building with reference to har- mony with the architecture characteristic of the district be ap- proved in writing by the Board of Appeals.
12. Such accessory uses as are customarily incidental to any of the above uses, subject to the provisions of Section 13.
Section 5. GENERAL RESIDENCE DISTRICTS.
1. Any use enumerated in Section 4, subject, as stated in Sec- tion 4, to the provisions of Section 17.
2. Semi-detached and two-family dwellings.
Section 6. BUSINESS DISTRICTS.
1. Any use enumerated in Sections 4 and 5.
2. Apartment houses, subject to other by-laws.
3. Retail stores and shops for custom work of the making of articles, to be sold at retail on the premises, subject to the pro- visions of Section 13 (e).
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4. Restaurants and other places for serving food.
5. Places of business of a barber, caterer, clothes cleaner and presser, confectioner, decorator, dressmaker, electrician; florist; furrier, hair dresser, hand laundry, manicurist, milliner, motor vehicle sales room, news dealer, optician, painter, paper hanger, pastry shop, photographer, printer, publisher, shoemaker, shoe re- pairer, shoe shiner, tailor, undertaker; and, subject to the pro- visions of Section 17, the following: blacksmith, baker, builder, carpenter, contractor, dyer, mason; plumber, roofer, tinsmith, up- holsterer, and similar uses which the board of appeals may, as provided in Section 17, in specific instances find to be compatible with the uses above mentioned.
6. Commercial amusements, subject to approval by the board of appeals as provided in Section 17.
7. Gasoline and oil stations, garages for storage and repair, and stables, subject to the provisions of Sections 16 and 17.
8. Billboards, as regulated by law and by-laws and subect to the provisions of Section 17.
Section 7A. LIGHT INDUSTRIAL DISTRICTS.
1. Any use permitted under Sections 4, 5 and 6, subject, as stated in section 6, to the provisions of Section 16.
2. Lumber, fuel, feed, and ice establishments, and contractors yards, subject to the provisions of Section 17.
3. Light manufacturing, employing electricity and (or) other unobjectionable motive power, utilizing hand labor and (or) un- objectionable machinery and (or) processes and free from disturb- ing odors and (or) other agencies, subject to the provisions of Section 17.
4. Notwithstanding the provisions of this section or of Section 17, no use shall be permitted which would be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features, or be hazardous to the com- munity on account of fire or explosion of any other cause. No permit shall be granted under this or any other section for any use which would prove injurious to the safety or welfare of the neighborhood into which it proposes to go, or destructive of prop- erty values, because of any excessive nuisance qualities.
Section 7B. HEAVY INDUSTRIAL DISTRICTS
1. Any use permitted under Sections 4, 5, and 6, subject as stated in Section 6, to the provisions of Sections 16 and 17, with the exception of the following, which are expressly prohibited :-
(a) Abattoirs and stock yards.
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(b) Acid, chlorine or hydrochloric, nitric, picric, sulphuric or sulphurous or other corrosive acid manufacture.
(c) Celluloid manufacture, treatment or storage.
(d) Cement, lime, gypsum or plaster of Paris manufacture.
(e) Crematory, except in cemeteries.
(f) Distillation of bones, coal or wood.
(g) Exterminator and poison manufacture.
(h) Emery cloth and sand paper manufacture.
(i) Fat rendering.
(j) Fertilizer manufacturing and bone grinding.
(k) Lamp black manufacture.
(1) £ Fireworks or explosive manufacture or storage.
(m) Incineration or reduction of garbage, dead animals, offal or refuse.
(n) Tallow, grease or lard manufacture or refining from ani- mal fat.
2. Also in general any use which may prove injurious to the safety and general welfare of the neighborhood and destructive of property values, because of any excessive nuisance qualities.
HEIGHT REGULATIONS
Section S. RESIDENCE DISTRICTS.
(a) The limit of height of all buildings in all residence dis- tricts shall be two and one-half stories, not to exceed thirty-five feet, except that schools and hotels, and, on lots of five acres and over, dwellings may be three stories high.
(b) The limitations in height in feet shall not apply to chim- neys, ventilators, skylights, tanks, bulkheads, pent-houses, and other necessary features usually carried above roofs, nor to towers or spires of churches and other buildings, if such features are in no way used for living purposes.
Section 9. BUSINESS AND INDUSTRIAL DISTRICTS
(a) The limit of heights in business districts shall be three stories not to exceed forty feet.
(b) The limit of heights in industrial districts shall be five stories not to exceed sixty feet. Industries abutting water areas fifty or more feet in width need not observe this provision.
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(c) The limitation of height in feet shall not apply to such features as are mentioned in (b) of section 8, nor to water tanks or scenery lofts.
AREA REGULATIONS
Section 10A. In residence districts, as provided in Sections 4 and 5, laid out after the adoption of the by-law shall provide for each dwelling a minimum frontage of 100 feet and a minimum lot area of 10,000 square feet.
Section 10B. In areas marked A, lots shall be not less than 50 feet wide and 5,000 square feet in area.
Section 10C. These provisions shall not prevent the erection or placing of any residence building on any lot containing a less area than 10,000 or 5,000 square feet, as the case may be, provided such lot on the effective date of these sections does not adjoin other land of the same owner available for use in connection with such lot.
PERCENTAGE OF LOT COVERED
Section 11. The percentage of lot which may be covered by any building used for dwelling purposes shall in no instances exceed the following maximum provisions.
(a) One-family house: 20 percent, on lots of ten thousand square feet and over, and 25 per cent, in "A" districts.
(b) Semi-detached house: 25 per cent.
(c) Two-family: 25 per cent.
(d) Apartment house : 40 per cent, if over stores, etc., and 30 per cent, when independent.
In business and industrial districts no building shall be built, reconstructed, extended or arranged so that it covers more than 70 per cent, of a corner lot or more than 60 per cent of an interior lot. Industries abutting water areas fifty or more feet wide need not observe this provision. The open space required in the para- graph shall be located in such a way as, in the opinion of the building inspector, to properly light and ventilate the building, and provide access in case of fire.
No lot, or the buildings or structures thereon, shall be changed in size so as to violate the provisions of this by-law.
On corner lots, no structure, fence, tree or shrub shall prevent vision clearance in the space between four and eight feet above the ground, and such provisions shall apply to the space between the corner and the line joining the two points fifteen feet from the corner, measured on the lot lines.
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YARDS
Section 12. In all residence districts there shall be provided in front of every building or structure a front yard of at least 25 feet in clear depth between the building and the line of the way or ways on which the lot abuts, and no building or structure shall be erected, moved, altered, reconstructed or enlarged so that a front yard less in clear depth shall result. Projecting eaves and uncovered steps shall not be considered as coming within the meaning of this section.
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