USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1937-1938 > Part 9
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James White one
1
Edgar Bergen one
1
Frank Hadley one
1
Charlie McCarthy one
1
Blanks nine hundred forty
940
Tree Warden
Elected
John W. Babine ten hundred fifty-five
1055
Ernest W. Eames two hundred fifty-four
254
Elmer V. Gratcyk one hundred eleven 111
Blanks fifty-seven
57
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Member S. D. J. Carter Lecture Committee (five years)
Elected John W. Hathaway nine hundred ninety-four Anthony Galka one Leo Berretta one George E. Shepard one
994
1
1
1
Mary Bemis one
1
Jess Smalley one
1
Leo W. Newman one
1
Mary White one
1
John Horton one
1
Blanks four hundred seventy-five 475
Trustee of Trust Funds (three years)
Elected Edward N. Eames ten hundred and thirty-one 1031
Blanks four hundred forty-six 446
Moderator
Elected
Philip B. Buzzell eleven hundred five
1105
McSwenson one
1
Bob Baker one
1
Blanks three hundred seventy
370
Member of Planning Board (three years)
Elected Edward M. Neilson ten hundred thirty-three 1033
Blanks four hundred forty-four 444
Water Commissioner (three years)
Elected Louis T. McMahon eleven hundred seventeen 1117
John Doyle one
- 1
Charles B. Edell one
1
Bert Edell one
1
George E. Shepard one
1
Frank Hadley one
1
Blanks three hundred fifty-five
355
The Moderator administered the oath of office to the following elected officers :
Charles H. Black and Frank W. Dayton as Selectmen to act as Board of Survey; Jerome J. O'Leary a member of the Board of Public
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Welfare for three years; George W. Buck as Collector of Taxes; Harry J. Ainsworth as Constable; Samuel F. Frolio as a member of the School Committee for three years; John W. Babine as Tree Warden. The Mod- erator then took the oath of office before the Town Clerk. The Meeting stood adjourned to March 14, 1938.
Attest:
RALPH R. CURRIER
Town Clerk.
Records of Proceedings of the Adjourned Annual Town Meeting Held March 14, 1938
At eight o'clock P. M. the Moderator called the Meeting to order and proceeded to take up Article 2.
Article 2. Motion by Mr. Barrows that a committee of three be appointed by the Moderator to bring in a list of names as nominations for the several offices to be filled under this article.
Voted in the affirmative.
The following list was submitted as nominations:
Field Driver Charles D. Reilly
Surveyors of Wood, Bark and Lumber
Wilfred A. Andrews
Frank G. Patch
Harry R. Deming Herbert C. Barrows
Arthur W. Eames
Public Weighers of Merchandise
Edward Haskell
Harry R. Deming Algot L. Osterman
Walter L. Hale Jr.
Arvid G. Simpson
Clayton F. Lyons
Clifford Gates
Fred W. Carter John Fleming
Cemetery Commissioners (three years) Louis T. McMahon
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Motion by Mr. Charles Perry that the report of the committee be accepted and adopted and the nominees be declared elected.
Voted in the affirmative.
Article 3. Report of the Committees.
The Committee appointed at the special town meeting held October 26, 1937 to consider receiving scholars from Burlington into Wilmington High School and the matter of increased school accommodation, report that they have held two meetings. Between meetings they sent a sub- committee to meet with a committee representing the Burlington town government to learn the Burlington situation and proposition.
Before any definite action was taken, however, they were notified in writing that the Burlington committee had been dissolved so the mat- ter of dealing with Burlington for the present seems closed.
However, the problem of increased accomodation in the High School and especially immediate needs of additional accomodation in the west part of the town in the neighborhood of Silver Lake remain and your committee desires that this report be accepted as a report of progress and that they be allowed further time.
Mr. Hathaway read the above report. Motion by Mr. Barrows, that the report of the Committee be accepted.
Voted in the affirmative.
Mr. Currier made the following report for the Committee of Special Zoning-Laws.
The Committee, appointed by the Moderator at the annual Town Meeting held in 1937, for the purpose of looking into the advisability of modifying the present Zoning-Laws, reports as follows:
Several meetings were held by your Committee, one of which was a well attended public hearing at the Town Hall. A careful, analytical and diligent study of the Zoning By-Laws has been made by the said Committee, as well as a careful study of the present zoning-law plan. It is the opinion of the Committee that the zoning laws, as they now exist, are not in and of itself undesirable or unwholesome, but rather, on the contrary, the zoning-laws are wholesome and beneficial to the Town.
However, the committee finds as a fact, that these laws are un- wieldy and not for the best interest of the Town because of the zoning plan by which these laws must be interpreted and administered.
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The zoning plan was originally intended as a picture plan of the Town, with no thought given by its author to exact scales, measure- ments, and depths of various zones.
We believe, the result of this uncertainty and lack of technical ac- curacy has been an obstacle and impediment to the Planning Board and Board of Appeals in the proper administration of these laws. The Com- mittee is of the opinion that it is absolutely essential and necessary that an accurate to-scale map, defining with technical certainty the location and size of the zoning areas, be substituted for the present plan.
A map as has been described is already available in the form of a map entitled "Town of Wilmington Zoning Map Drawn for the Board of Appeals, 1936." Such a map, if accepted by the Town, will for all times end any and all uncertaintities.
Motion made that the report of the Committee be accepted.
Voted in the affirmative.
Respectfully submitted,
RALPH R. CURRIER
EUGENE L. COOMBS
DONALD W. FOSTER
DAVID I. ELFMAN ALFRED S. ALLEN
Article 4. Motion by Mr. Barrows that the Town raise and appro- priate the several and respective sums as recommended by the Finance Committee for the purposes as set forth in Article 4, these sums to include the unpaid bills of the several Departments as shown in the Town Accountant's Report. Each item to be taken up and voted on sep- arately and subject to amendment.
Voted in the affirmative.
The following sums were raised and appropriated under this Article:
General Government
Selectmen
$ 675.00
Town Accountant's Salary
800.00
Town Accountant's Expenses
50.00
Treasurer
800.00
Treasurer's Expenses
650.00
Tax Collector's Salary
1,500.00
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Tax Collector's Expenses
1,000.00
Assessors' Salaries
1,777.00
Assessors' Expenses
423.00
Finance Committee Expenses
75.00
Town Counsel's Salary
300.00
Town Counsel's Expenses
200.00
Town Clerk's Salary
400.00
Town Clerk's Expenses
150.00
Election and Registration
700.00
Town Hall
700.00
Constable
50.00
$ 10,250.00
Protection of Life and Property
Police Department
$ 8,000.00
Fire Department
9,500.00
Hydrant Rental
5,600.00
Board of Appeals
50.00
Inspection of Buildings
300.00
Inspection of Buildings Expenses
50.00
Sealing of Weights and Measures Salary
275.00
Sealing of Weights and Measures Expenses
145.00
Moth Department
1,760.00
Tree Warden
750.00
Health and Sanitation
2,500.00
Public Health Nurse
1,200.00
$ 30,130.00
Highways, Roads and Bridges
Highway General Account $ 15,000.00
(Chapter 90 Maintenance)
(From State and County) 2,398.00
1,200.00
(Chapter 90 Construction)
(From State and County)
3,000.00
$ 19,200.00
Charities and Aid
Board of Public Welfare $ 15,000.00
Aid to Dependent Children
3,500.00
Aid to Dependent Children, U. S. Grant
Old Age Assistance 16,000.00
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Old Age Assistance, U. S. Grant
State Aid Military Aid Soldiers' Relief
300.00
200.00
3,000.00
$ 38,000.00
Education
Schools
$ 75,000.00
Vocational Training
500.00
$ 75,500.00
Miscellaneous
Library
$ 800.00
Street Lights
7,685.00
Parks
400.00
Reserve Fund
5,000.00
Cemetery. On amendment offered by Mr. Louis McMahon that the Town appropriate the sum of $3,100.00 of which $2,250.00 will be raised by taxation and $850.00 to be trans- ferred from the Cemetery Reserve Account.
Voted in the affirmative.
Motiou as amended.
Cemetery. Transfer from Cemetery Reserve
Account
$ 850.00 $ 2,250.00
Unclassified
$ 1,000.00
$ 17,135.00
Town Indebtedness
Motion by Mr. Harriman, that the sum of twenty thousand dollars, ($20,000) be appropriated for the payment of town indebtedness, from tax levy and one thousand four hundred dollars ($1,400.00), be trans- ferred from the Water Department Revenue Account.
Voted in the affirmative.
Water Department
Motion by Mr. Harriman, that the sum of ten thousand dollars ($10,000.00) of the receipts of the Water Department be applied to the credit of the Interest Account.
Voted in the affirmative.
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Interest
Motion by Mr. Harriman, that the sum of twelve thousand six hundred and eighty-one dollars and twenty five cents ($12,681.25) be appropriated for the payment of interest. Two thousand six hundred eighty-one dollars and twenty-five cents ($2,681.25) of which to be raised by taxation and the sum of ten thousand dollars ($10,000.00) to be transferred from the Water Department Revenue Account.
Voted in the affirmative.
Article 5. Motion by Mr. Black that the Town Treasurer, with the approval of the Board of Selectmen, be and hereby is authorized to bor- row money from time to time in anticipation of the revenue of the Fi- nancial year beginning January 1, 1938, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, of The General Laws.
Voted in the affirmative.
Article 6. Motion by Mr. Dayton that the sum of one thousand one hundred twenty-nine dollars and fifty-six cents ($1,129.56), this being the Town's share of the net cost of care, maintenance, and repairs of the Middlesex County Tuberculosis Hospital, including interest on temporary notes issued therefor, and including Chapter 400, Section 25G (6) (a) of the Acts of 1936, be and the said sum is hereby appropriated and raised by taxation.
Voted in the affirmative.
Article 7. Motion by Mr. Dayton that the sum of one thousand seven hundred twenty-three dollars and thirty-five cents ($1,723.35) be and it hereby is appropriated for the purpose of paying in full the assess- ment made on the Town for its proportion of the cost of making altera- tions in and to Middlesex County Tuberculosis Hospital under Chapter 417 of the Acts of 1935, as amended, and that said sum of one thousand seven hundred twenty-three dollars and thirty-five cents ($1,723.35) hereby appropriated be raised in this year's tax levy.
Voted in the affirmative.
Article 8. Motion by Mr. Barrows that the Town vote to raise and appropriate $50.00 to cover incidental expenses of the Planning Board.
Voted in the affirmative.
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Article 9. Motion by Mr. E. Neilson that the Town vote to instruct the Moderator to appoint a Committee of two members to assist the Planning Board in its duties.
Voted in the affirmative.
The Moderator appointed the following Committee: Mr. Howard Bedell and Mr. Harold Melzar.
Article 10. Motion by Mr. MacQuaide that the sum of three hun- dred sixty two dollars and eighteen cents ($362.18) be raised and ap- propriated to pay for effecting insurance providing indemnity for the Protection to the officers and employees of the Highway and Police De- partments 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 cfficial 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 accordance with provisions of Section 5, Chapter 40, of the General Laws as amended.
Voted in the affirmative.
Article 11. Motion by Mr. Melzar, that the Town raise and appro- priate the sum of three hundred and fifty dollars ($350.00), for the observance of Memorial Day and that the Moderator appoint a com- mittee who shall have charge of such observance.
After considerable discussion a motion was made by Mr. Castine that the Town raise and appropriate the sum of four hundred dollars ($400.00), for the observance of Memorial Day.
A point of order was made by Mr. Barrows that the appropriation could not exceed the amount named in the article, which was sustained by the Moderator.
The Moderator ruled that the sum of three hundred and fifty dollars ($350.00), as called for in the original Article could not be increased. During the discussion that followed, Mrs. Esler asked the Chair if it was in order to appeal from the decision of the Moderator. Then Mr. Currier moved that the assembly sustain the Moderator in his decision.
Voted in the affirmative.
The Moderator then put the question as follows: "Shall the decision of the Moderator stand as judgment of the meeting?"
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A rising vote was taken.
120 voted in the affirmative.
9 voted in the negative.
The Moderator declared that the decision was voted in the affirm- ative.
The original motion of Article 11 was voted upon by the assembly.
Article 11 voted in the affirmative.
The Moderator appointed the following to serve on the Committee:
John Simpson Herbert Higginbotham
Francis G. Poitrast LeRoy B. Bedell
Walter Fitch
James Castine
Joseph T. Kelley Caleb S. Harriman
Article 12. Motion by Mr. MacQuaide that the sum of three thous- and dollars ($3,000.00) be raised and appropriated for the necessary expenses in connection with Works Progress Administration projects or other work relief programs.
Voted in the affirmative.
Article 13. Motion by Mr. Elfman that the Town repeal the pres- ent Zoning Laws. Motion was made to pass the Article.
Voted in the affirmative.
Article 14. Motion was made to pass the Article.
Voted in the affirmative.
Article 15. Motion by Mr. Barrows to pass the Article.
Voted in the affirmative.
Article 16. Motion by Mr. Harriman to see if the Town will vote that certain land recently acquired by the Town by foreclosure of tax title, said land being situated near Andover Street, formerly owned by Walfair Construction Company, and supposed to contain forty (40) acres more or less, the decree of foreclosure being dated April 8, 1936, and entered in the Land Court, in tax lieu foreclosure case No. 5872, shall hereafter be held by the Town subject to the management, im- provement and control of the Board of Water Commissioners for the
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general purposes of the Water Department, and especially for pro- tecting and preserving the purity of the Town's water supply.
Voted in the affirmative.
Article 17. Motion by Mr. Harriman to see if the Town will vote to authorize the Board of Water Commissioners to purchase in the name and on behalf of the Town, at a price not exceeding forty ($40.00) dollars to be paid out of the general Water Department appropriation, a tract of land supposed to contain about one acre situated near Andover Street and shown as land of Josephine L. Messinger on a plan entitled "Plan of land in North Wilmington, Massachusetts belonging to the Town of Wilmington", which plan is dated January 6, 1936, made by John Dyer, Surveyor, and a copy of it is on file in the Land Court in tax lien fore- closure case No. 5872; which land, when, as and if so purchased shall be held by the Town, subject to the management, improvement and con- trol of the Board of Water Commissioners, for the general purpose of the Water Department, and especially for protection and preserving the purity of the Town's water supply.
Voted in the affirmative.
Article 18. Motion by Mr. Harriman to see if the Town will vote to accept as a gift, a conveyance from Ruth Marion Giles, or whoever may then be the owner, of certain parcels of registered land situated near the grade crossing of Salem Street and the Salem and Lowell branch of the Boston and Maine Railroad, which parcels are described in Owner's Certificate of Title No. 539, in the name of Ellen S. Perry, recorded in the North Registry District of Middlesex County, Book 5, Page 333, as Lots A. C. D and F, respectively, as shown on a plan drawn by C. B. Humphrey, Surveyor for the Land Court, dated June 12, 1914, a portion of which plan is on record with said Original Certifi- cate No. 539: which land, when, as and if so conveyed to the Town, shall be held by it, subject to the management, improvement and control of the Board of Water Commissioners, for the general purposes of the Water Department, and especially for protecting and preserving the purity of the Town's Water supply.
Voted in the affirmative.
Article 19. Motion by Mr. Black that the sum of four thousand three hundred seven dollars and two cents ($4,307.02) be raised and appropriated for the following purposes:
584.68 On Account of Overdraft in Interest 502.50 On Account of Balance of 1937 State Tax
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41.69 On Account of Balance of State Parks and Reservations On Account of Balance of 1937 Tax
78.05 On Account of Balance of 1937 County Tax
24.87 On Account of Abatement of 1933 Taxes 901.60 On Account of Abatement of 1935 Taxes
2,173.63 On Account of Deficit in Excess and Deficiency Account $4,307.02
Voted in the affirmative.
Article 20. Motion by Mr. Barrows to postpone the Article inde- finitely.
Voted in the affirmative.
Article 21. Motion by Mr. Buckle to pass the Article.
Voted in the affirmative.
Amendment offered by Mr. Fleming that the Town raise and ap- propriate the sum of two thousand dollars ($2,000.00) for the purpose of extending the water main westerly along Salem Street from its ter- minus now near the residence of Patrick Sullivan, that the labor be fur- nished by W. P. A.
Voted in the Negative.
Article 22. Motion made to pass the Article.
Voted in the affirmative.
Article 23. Motion made to pass the Article.
Voted in the affirmative.
Article 24. Motion made to pass the Article
Voted in the affirmative.
Article 25. Motion made to pass the Article. Voted in the affirmative.
Article 26. Motion made to pass the Article. Voted in the affirmative.
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Article 27. Motion by Mr. Foye that the Town raise and appro- priate the sum of two thousand dollars ($2,000.00) for the purpose of extending the water main easterly from its present terminus on Lowell Street, to West Street and northerly along West Street as far as the above named sum will allow, labor from the Welfare to be used if avail- able.
The Chair called for a rising vote. Voted in the affirmative 112; voted in the negative 116.
Article 28. Motion made to pass the Article.
Voted in the affirmative.
Motion to adjourn. Voted in the affirmative.
Attest:
WILLIAM S. CAVANAUGH
Town Clerk.
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TOWN WARRANT
To Harry J. Ainsworth, Constable of the Town of Wilmington:
Greetings :- In the name of the Commonwealth of Massachusetts and in the manner prescribed in the By-Laws of the said Town, you are hereby directed to notify and warn the inhabitants of the Town quali- fied by law to vote in Town affairs to meet and assemble at the Grange Hall on Tuesday, the twenty-first day of June next at eight o'clock P. M. to consider and act on the following articles:
Article 1. To see if the Town will vote to raise and appropriate a sum of money for the purpose of constructing a school building in the Silver Lake District and originally equipping and furnishing said build- ing, determine how the money shall be raised, or take any action in connection therewith.
On petition of the School Committee.
Article 2. To see if the Town will vote to purchase a certain parcel of land belonging to the heirs of Christian Neilson in Wilmington and bounded Southerly by Glen Road, Westerly by Lubber's Brook, Northerly by land of owner or owners unknown, and Easterly by land of Edward M. Neilson, and to raise and appropriate a sum of money for the purpose of paying for the same to determine how the money shall be raised, or take any action in connection therewith.
On petition of the School Committee.
Article 3. To see if the Town will vote to raise and appropriate a sum of money for the purpose of constructing an addition with furnish- ings therefor to the High School Building and authorize and direct the Selectmen to apply for and accept on behalf of the Town, for use in carrying out such project, a Federal grant of money pursuant of the provisions relating to the Public Works Administration, and authorize the appointment of a committee to construct said project and contract with respect thereto; and authorize the Treasurer with the approval of the Selectmen, to borrow such sums as may be necessary to meet
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any appropriation made, if, and when, the application to the Federal Government is approved; or take any action relative thereto.
On petition of the High School Investigating Committee.
Article 4. To see if the Town will vote to authorize a Committee composed of the Town Treasurer, Tax Collector, and Board of Select- men to sell on any terms which the Committee may deem for the best interests of the Town any and all property taken by the Town by fore- closure proceedings or otherwise, and the Selectmen further be author- ized to execute any and all documents necessary to carry out the pur- poses of this vote, or do anything in relation thereto.
Article 5. To see if the Town will vote to appoint a Committee composed of a member of the Planning Board, a member of the Water Commission, a member of the Finance Committee, and four other per- sons holding no Town office, (no two of these four to reside in the same section of the Town), be selected by the Moderator. Said Committee to investigate and consider the advisability of the Town adopting a pro- gram for the extension of its water mains, and report at the next An- nual Town Meeting, or earlier, if possible, recommending a program that should be adopted by the Town for the extension of water mains in the future, and, if requested by said Committee, the Board of Select- men are hereby authorized to apply for, on behalf of the Town, a Federal grant of money, subject to acceptance of the voters of the Town at a subsequent. Town Meeting.
Article 6. To see if the Town will vote to accept the Provisions of Section 1, 2, and 3 of Chapter 13 of the General Laws (Tercenten- ary Edition) relating to the abatement of certain nuisances.
Article 7. To see if the Town will vote to accept the Provisions of Sections 6 to 12, inclusive, of Chapter 143 of the General Laws (Ter- centenary Edition) relating to dangerous buildings or structures.
Article 8. To see if the Town will vote to accept as Public Town Ways, Taft Road, Fay Street, and Brentwood Avenue, as laid out by the Board of Survey.
Article 9. To see if the Town will vote to accept Fay Street for a distance of 250 feet from Glen Road as laid out by the Board of Sur- vey. Same to be WPA Project, if possible.
On petition of Julia Shacht and others.
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Article 10. To see if the Town will vote to accept Swain Road from its present terminus, as laid out by the Board of Survey. Same to be WPA Project, if possible.
On petition of Helen A. Joy and others.
Article 11. To see if the Town will vote to accept Swain Road West as laid out by the Board of Survey. Same to be WPA Project, if possible.
On petition of Mary M. Dengelewski and others.
Hereof fail not and make due return of this Warrant with your do- ings thereon to the Town Clerk, immediately after making service thereof.
Given under hands and seals of said Town this thirteenth day of June, A. D. one thousand nine hundred and thirty-eight.
CHARLES H. BLACK FREDERICK J. MacQUAIDE FRANK W. DAYTON
Selectmen of Wilmington.
(SEAL)
June 14, 1938
Middlesex, SS:
This is to certify that I, this day posted attested copies of this War- rant in accordance with the By-Laws of the Town of Wilmington.
HARRY J. AINSWORTH
Constable.
Attest:
WILLIAM S. CAVANAUGH
Town Clerk.
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TOWN MEETING
Records of Proceedings of the Special Town Meeting Held June 21, 1938.
The meeting was called to order by the Town Clerk at 8:05 P. M., in the absence of the Moderator. The Town Clerk then called for nom- inations for a Moderator pro-tem. Mr. Black nominated Mr. Melzar. Mr. O'Leary moved the nomination closed, which was seconded and put to a vote.
Voted in the affrmative.
Mr. Black made the motion that the Town Clerk be instructed to cast one ballot for Mr. Melzar as Moderator pro-tem.
Voted in the affirmative.
The Town Clerk accordingly cast one ballot, and Mr. H. E. Melzar was declared Moderator pro-tem.
The Warrant for the Town Meeting, together with the report of the Constable serving the same was then read by the Town Clerk.
Mr. Black, addressing the meeting, informed the Citizens that an incident occured in the Town, this Spring, which in the opinion of the Board of Selectmen warrants official cognizance by the Town, and the Board of Selectmen wishes to take this opportunity to incorporate the facts of the incident into the Town Records. He begged the indulgence of the Citizens while he would quote from the Records of the Police Department of the Town of Wilmington:
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