USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1954-1955 > Part 10
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Town of Wilmington v. City of Woburn, Middlesex Superior Court. (Action of contract to recover for aid furnished in a public welfare case. ) Disposed of by agreement for judgment in favor of the town in the sum of $1669. 98, which amount was collected and remitted to the Board of Public Welfare.
Town of Wilmington v. Grace V. Murray, Administratrix of Estate of Rose M. Kilcup,
Middlesex Superior Court. (Bill in equity to enforce statutory lien for old age assistance payments. ) Disposed of with the approval of the State Department of Public Welfare by settlement for the sum of $1500 which amount was collected and remitted to the Board of Public Welfare.
City of Boston v. Town of Wilmington, Suffolk Superior Court. (Action of contract to recover for aid rendered various persons whose legal settlement is supposed to be in Wilmington. ) Disposed of by agreement for judgment in the amount of $295. paid by the Town to the City of Boston.
James Pipes v. Town of Wilmington, Fourth District Court of Eastern Middlesex. (Small claim proceeding to recover for damage to truck - alleged highway defect. ) Disposed of by finding for the plaintiff after hearing in the sum of $44. 36.
Willie B. McIntosh v. County of Middlesex, Middlesex Superior Court. (Petition for assess- ment of damages resulting from relocation of Cross Street, the relocation having been made by the County but the Town being liable for any damages which may be assessed. ) Disposed of by agreement for judgment in the amount of $150. paid by the Town.
D. Compensation was received by the Town Counsel in said matters and in all other matters during the year as follows:
Compensation $865. 00
Disbursements 58. 18
(The above amounts were entirely on account of services rendered and disbursements paid in the calendar year 1955. )
Respectfully submitted, Philip B. Buzzell Town Counsel
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ury
planning board
During 1955, the Planning Board was chiefly concerned with the preparation of the new Zoning By - Law and Map which was adopted in November.
The need for a total revision of the existing By-Law and Map had become increasingly obvious in recent years. In recognition of this need, the Annual Town Meeting of March, 1955, appropriated $3500. 00 for the purpose of acquiring the services of a professional consultant to assist the Planning Board in an intensive study of the Zoning requirements of Wilmington.
Following the selection of Professor William I. Goodman of Harvard University as planning consultant, the Board thoroughly analyzed the existing land use and current trends of development in Wilmington. From this analysis was derived the proposed Zoning By-Law and Map.
Over fifty meetings were held involving the Planning Board or other Town Boards and Officers and the Planning Consultant. In addition to the formal public hearing required by law, seven informal hearings were conducted by the Planning Board before various civic associations.
The overwhelming approval of the Zoning By-Law and Map by the Town Meeting was a source of gratification to the Planning Board and has greatly encouraged the Board to continue its efforts to construct a general master plan of development for Wilmington.
We have taken the liberty of incorporating as part of our annual report the special "Report to the People of Wilmington" published by the Planning Board prior to the Special Town Meeting which presents in some detail the advantages accruing to the Town from the new Zoning By-Law and Map.
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Major Questions Concerning the Proposed Zoning By-Law
A REPORT FROM THE TOWN PLANNING BOARD TO THE PEOPLE OF WILMINGTON October 1955
Since 1945, much physical development has taken place in Wilmington. Many new neighborhoods have been or are being created. Several industries have located here, and more are anticipated. The Commonwealth is planning to spend considerable money for major road locations and improvements. Schools and recreation are becoming matters of increasing concern.
The need for doing something about these matters has been recognized by the Town as a whole, when at the last Annual Meeting appropriations were approved for studies relating to the betterment of the Town. As a result of the action taken in regard to zoning, the Planning Board has been working with its consultant to prepare and draft a new by-law that would provide and protect a healthy and satisfying environ- ment for the people of Wilmington.
First proposals for the by-law have been worked out, and in the near future conferences and hearings will be held for the purpose of providing information and seeking advice from interested citizens. The Planning Board hopes and anticipates that many points will be raised in regard to the regulations. Certain basic questions can already be foreseen, however; and in an effort to provide a frame of reference, the Planning Board issues this statement to all those now located or interested in locating in Wilmington.
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PLANNING BOARD Members discuss new Zoning Map. Left to right Elmer H. Woller, William K. Irwin, Robt. Robinson (standing) John R. Evans
1. WHY, SPECIFICALLY, DOES OUR PRESENT ZONING BY -LAW NEED A MAJOR OVERHAULING ?
The by-law in use today was drafted more than twenty years ago when conditions in Wilmington were far different from today. At that time, there was no large industrial employment within the Town, and the population was relatively stable. Relationship of townspeople with Lowell and the Boston area were not nearly as extensive as those that now exist.
Besides the changing conditions, however, new developments in building practices and in indus - trial processes have occurred, however, which could not have been foreseen when the Town was first zoned.
Industrial establishments, for example, no longer build multi-storied plants which crowd the land. One or two-storied units, attractively landscaped and designed, are now the general rule. Shopping centers are built in clusters and the parking provided in lots instead of in ribbon fashion along main roads. Lot requirements for the private home, just as for industry, have been expanding.
The zoning code needs to adjust the standards for height, yard areas, density, and set-backs to accommodate and to attract the best development that is possible in these fields.
Many new kinds of enterprises have grown up during the past few years - activities such as the plastics industry, expansion of electronics, etc. These should be recognized in modern zoning. Due also to advances in our technology, some plants which were formerly considered nuisances can now function as a good neighbor. These should be re-examined for possible inclusion.
The automobile, of course, has sharply re-organized our pattern of living and the way in which we build. Unless this problem is dealt with, it could have serious effects on the Town.
Finally, it would be advantageous to revise the zoning by-law, because zoning itself has improved and broadened its techniques, as courts and legislatures have approved new measures to deal with compli- cated aspects of modern life.
2. WHAT KIND OF DEVELOPMENT WILL THE NEW BY-LAW REGULATE ?
Only new buildings and uses and extensive alterations of old structures are effected. Any new use, whether it involves industry, storage, stores, public buildings, recreation areas, or residences, must
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with certain minor exceptions conform to the provisions of the proposed by-law. Any building or use which already exists is exempt from these provisions, so long as it continues to operate substantially as today.
The major parts of this by-law will probably not be revised for another 15 to 20 years. It is expected that many millions of dollars worth of construction will take place in that time. At present, homes alone are being constructed at the rate of over 200 per year. At an average value of $11, 000, this comes to more than two million dollars. In fifteen or twenty years, the aggregate value of new buildings, including residential and non-residential, should substantially exceed this year's Assessed Valuation. This demon- strates the importance of carefully framing the zoning regulations, since these will determine to a large extent the physical quality of the Town.
3. HOW MANY KINDS OF DISTRICTS ARE PROPOSED ?
Six types of Districts are set up in the by-law - one industrial, two business, and three resi-
dential. Industrial zoning has been related to the railroad network and to existing and future highways. Land not usable by reason of swampiness or other undesirable conditions has generally not been zoned for this purpose, since such action might be discouraging to people who seek land in which they can invest and build. Long strips of industrial zones, which slice up the town, have been avoided. Instead, a block of land in the North and one in the South has been so indicated, as well as several smaller areas which are strategically situated.
The business Districts consist, first, of small Neighborhood Shopping zones which are located conveniently for use by the adjacent dwellers. Only a few of these are shown in such locations as are clearly business in character, such as the Silver Lake shopping center. As new neighborhoods are developed, more of these will be needed, but their location must await the further growth of home-building and an indication of willingness on the part of developers to build such facilities.
The second type of Business District proposed is the major center, which contemplates a broad range of uses, from the grocery store to the filling station and repair garage. This type of zone already exists in Wilmington center, and the proposed by-law contemplates using this area as a nucleus and expand - ing it considerably, both in depth and length, so that new shopping facilities will have every opportunity to develop within the community.
The areas designated as residential zones have been sub-divided to fulfill three needs: first, to take care of streets that have existed for a long period of time, even before the passage of the original zoning by-law; second, to establish a desirable standard for the great majority of houses to be constructed in the foreseeable future; and third, to prevent outlying lands that may be difficult for the Town to service today from being intensively developed prematurely. Different requirements, which are equitable for par - ticular locations, have been established for each of the three District types. In Wilmington, this is prefer - able to a single standard for the Town as a whole which may be difficult to fit into an established area.
4. WHAT ARE THE STANDARDS FOR THE RESIDENTIAL DISTRICTS AND HOW WERE THE Y DETERMINED ?
Areas with the highest requirements are called Rural Districts. The attempt in these sectors is to accomplish exactly what the name implies - to keep a rural, countrified atmosphere in those portions of the Town where it is most advantageous. Minimum frontage and depth requirements of 200 feet have been scheduled and a minimum lot area of 60, 000 square feet. These standards have been adopted as the least stringent which can accomplish the objectives that are sought in the areas. Although higher than any in force today in Wilmington, they are well within the range of those adopted by other towns in the Commonwealth that are seeking similar objectives and that have gone as high as three acres or about 130, 000 square feet. The properties affected by these regulations are generally undeveloped or sporadically built, and they lie at some distance from the more compact settlements.
The most common type of District proposed - Single -Residence - A, is similar in its require - ments to those in effect today. It calls for 22, 500 square feet of lot area and at least 150 feet of depth.
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Experience with these standards has shown that they are working well and have markedly raised the quality of construction in the Town. The frontage requirement has been reduced in this District to 125 feet. It is felt that with the Rural District, it is possible to relax today's frontage requirement slightly, in order to reduce the cost of development to the home owner. The density per acre would not be substantially altered, since the over-all lot area would be the same. However, this proposal would provide some flexibility for those properties that are owned or subdivided in such a way that they could not easily provide today's front- age requirement.
The reduction in frontage is hereby recommended only if it is jointly accompanied by the Rural
District. Without such protection, the Planning Board would deem it necessary to retain the 150 -foot requirement that is now in effect.
The third type of residence District - Single -Residence -B - takes into account sections of the Town that have been established for many years. Such a section is the Silver Lake area, for example, where it would be difficult for home owners to conform to newer standards of houses being built currently. To encourage maintenance and improvement without undue hardship or administrative procedure, the lot size has been set at 10, 000 square feet in such areas and the frontage and depth at 100 feet. This continues the practices that were common in the Town, prior to the half-acre revision, in sections where this type of development would not interfer with the higher standard that is now being sought.
5. CAN HOMES BE BUILT ON LOTS THAT DO NOT MEET THE NEW DISTRICT REQUIREMENTS?
A number of residential lots still remain vacant in areas that are generally developed. In addi- tion, very old subdivisions that have never been improved may contain numerous lots. If all such properties were allowed to be built in conformity with previous requirements, the net gain to the Town from the pro- posed by-law would be very negligible indeed. Accordingly, the new zoning seeks to establish a system of circumstances under which a limited number of lots not now used would be eligible for development. These represent the cases most worthy of consideration:
Both the property owner and the Town have an interest and a right to be given as much assurance as good practice will permit.
Specifically, the by-law prevents the following from happening:
1. Depriving the owner from using a lot that conformed to the oldest zoning regulations and was subdivided in good faith under those regulations. This provision is in the interest of the property owner.
2. Converting property or properties that conform to the new regulations into undersized lots by selling off a piece of the land.
3. Building by an owner of a non-conforming property if the same owner has a conforming tract.
Numbers 2 and 3 are in the interest of the new standards established by the Town.
6. CAN ALL ACTIVITIES PERMITTED IN A DISTRICT BUILD OUTRIGHT, WITHOUT SPECIAL PRO- VISIONS ?
One of the characteristics of a modern zoning by-law is the examination of each use to see what its effect is on nearby properties. When this is done, it can be readily seen that certain functions require more careful scrutiny than others. For instance, in a residential area, the building of a home is considered a matter of right, to be built without requiring extra precautions beyond what any other property must observe.
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However, the occupancy of a children's nursery in a home is of a different order. There are such factors to be considered as confinement of noise, adequate play area, fire exits, and other features. For these reasons, a closer scrutiny must be made in the case of nursery schools.
The proposed by-law therefore sets up several kinds of permission for new uses. First is the outright kind - such as for homes in residential zones or for stores in a business zone. No special check is necessary for these.
Second is the use where a condition is prescribed in the by-law. Such uses have been regulated as to maximum size, or noise, or distance from other buildings, etc. Where these conditions can be firmly prescribed, they will serve to help integrate a particular special use among more common activities in the neighborhood.
The third type of permission governs uses where standards cannot be prescribed, because the enterprises vary greatly. In such cases, an appeal must be made to the Board of Appeals, which examines the individual requests. A hospital desiring to locate in a residential area would have to make an appeal and be subject to the decision of the Board.
Finally, the most difficult uses of all to regulate are governed by some conditions listed in the by-law and are required in addition to appeal to the Board. A creamery is an example of a use in this category.
Since uses permitted on appeal have generally an effect that goes beyond their own property lines, it has been provided in the by-law that the Town Planning Board will report and make suggestions to the Board of Appeals on each such case. Thus, there would be an opportunity to consider how well a particular activity would fit into the community as a whole.
7. WHAT NEW DEVICES ARE INCLUDED IN THE BY-LAW ?
Several kinds of tools have been used, but they have a common goal - to protect a District internally or from without and to deal with problems of modern living.
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In each District, some safeguards have been established to guarantee the most efficient operation of the area. But also within that District, certain requirements have been set up, so that the District itself will not have adverse effects on neighboring areas. Thus, in an Industrial District, new residences will not be permitted. This eliminates interference with industrial activity and at the same time recognizes the in- herent nuisance to homes that are indiscriminately mixed in with manufacturing plants. However, in the Industrial District, a set-back from streets and from residential Districts are to be required, so that these in turn will be protected.
The principal new devices used in the by-law are the following:
1. Minimum lot size and coverage, frontage, area, set-back, and yard provisions for all Districts instead of for just a few.
2. Off -street parking space for all uses except private residences, with the number of spaces required related to the size and character of the establishment.
3 . Landscape and screening provisions, around uses that are not enclosed by buildings, if located adjacent to residential Districts.
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8. IS THE BY-LAW WRITTEN FOR THE BENEFIT OF ONE SPECIAL GROUP OR AREA ?
Zoning is one of the tools to assure a well-balanced community. All of the major uses - in industry, business, residence, and agriculture - are vital to the sound development of Wilmington. A by- law that would seek to enhance one group of activities in the Town at the expense of another would miss its goal and would create more harm than good.
Variety of opportunity is needed, each segment of which is protected and gives protection. This is the aim, and we believe that insofar as has been possible, this objective has been carried out.
9. WHAT CONNECTION IS THERE BETWEEN THE NEW BY-LAW AND THE PROPOSED HIGHWAYS ?
Wilmington must take advantage of opportunities created in the community by the new Routes 28 and 125. Accordingly, the major industrial areas have been proposed within easy access of these routes. Highly usable land for industrial development is available, located in such a manner that plants and traffic generated will not encroach upon residential neighborhoods. At the same time, Wilmington's ability to increase its tax base and to provide employment for its citizens will be enhanced by the development of the industrial Districts.
10. WILL THE BY-LAW ASSURE A GOOD DEVELOPMENT PLAN FOR WILMINGTON?
No tool or statute, however, worthy, can of itself provide a basis for good development. Several additional cautions must be added. First, with the passage of this by-law Wilmington is now prepared to initiate a series of detailed plans governing utilities, traffic flow, community facilities, and other items worthy of public surveillance. The zoning will provide a framework which indicates what kind of development and standards can be expected in various parts of the town. More stable planning can take place with this modernized statute.
Second, zoning can do a job only if it is kept a flexible instrument which is up-to-date in terms of changes affecting community growth and conditions. This should not be considered as an irrevocable document, but rather one which furnishes broad guidance.
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The Planning Board invites study, comment, and criticism of the features included and hopes to learn, through public discussions, the reactions of citizens to this proposal.
WILMINGTON PLANNING BOARD
John A. Ritchie, Chairman Elmer H. Woller, Secretary John Robert Evans Claude Helwig William K. Irwin Robert Meserve Robert J. Robinson
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fire department
The following is my report of the Fire Department for the year 1955. The manual force of the Fire Department consists of Chief, two Lieutenants, and ten Privates. There is a Call Force of fifteen members.
Forest Warden
Permanent Men
Call Men
1
The Fire Department responded to a total of six hundred and nine (609) calls, fifty-two (52) bell alarms, and five hundred and fifty-seven (557) still alarms.
Ambulance Calls
180
False 8
Buildings
24
Auto 18
Service Calls
72
Chimney
9
Resuscitator
25
Brush & Grass 237
Out of Town 7
Oil Burners 7
Dumps
22
Cutter, Harry J.
Deming, Roland C.
Downs, Francis E.
Deputy Forest Wardens
Cunningham, Joseph
Dewhurst, Raymond T.
Kidder, Donald C.
Barrows, Herbert C.
Ellis, Charles E., Jr.
Mann, William J.
Cail, Harold F.
Hardy, John J.
Medico, Joseph
Cushing, George S.
Kleynen, Frederick M.
Mullen, James R.
Eames, Ernest W.
Marshall, Kenneth E.
O'Neil, Maurice D.
Plumer, Ralph M., Jr.
Nee, William P.
Park, Philip S.
Sargent, Edmund H.
Plumer, Ralph M., Jr.
Peterson, Charles Jr.
Razey, Donald F.
Williams, Arthur S.
Webster, Charles L.
Woods, Robert J.
Sargent, Edmund H.
Sennett, Harold E. Williams, Arthur S.
Permits Issued for Burning -3641
Permits Issued for Gas & Oil -595
+FHOFH+-
Arthur J. Boudreau
Cail, Harold F. (Lieut. )
Cushing, George (Lieut. )
Durkee, Leslie A.
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A total of 105, 860 ft. of fire hose was laid, 21, 450 ft. of 2 1/2" hose, 15, 600 ft. of 1 1/2" hose, 15, 450 ft. of 1 1/8" hose, and 53, 560 ft. of Booster Hose. Ladders raised 360 ft. Total value of property endangered was $196, 000, 000. The loss of property was $40, 600. 69.
Engines #1 and #2 are in good condition. Engine #3, the Brush Fire Truck, will need tires this year, other than the tires it is in fairly good condition. Engine #4, 1930 Model A. Ford, is in very poor condition.
I requested a replacement for Engine #4 in the 1955 budget which we did not receive. I'm requesting a new Brush Fire Truck in the 1956 budget to replace the Model A. Ford. This I feel is a must. As I mentioned in my breakdown of the fires in the past year, we had 237 brush and grass fires. This is too many fires for one truck to take care of, which is Engine #3. Engine #5 stationed at North Wilmington is a 1938 Chevrolet, and it is in fair condition. The Auxiliary Trailer pump is in good condition.
The 1941 Cadillac Ambulance is in very poor condition, and at the present time it is out of commission. I have requested a new ambulance in the 1956 budget. This is something that the Town needs very much. The Rescue truck is in fairly good condition.
The New England Fire Insurance Rating Association, that did a survey of the Town this past summer, recommended that the following be done: Early consideration be given to replacing Engine #5, which is now 18 years old and nearing the age when it will be considered obsolete; that the full paid force be increased in strength by the appointment of seven additional men to provide a minimum on duty at all times; also recommended that the Town purchase a ladder truck; that early consideration be given to erecting a Fire Station in North Wilmington; and that at least fifty fire alarm boxes of modern succession design be provided as an initial installation. These are the major recommendations made by the Rating Association, if the Town is to get a lower rating on Fire Insurance.
Arthur J. Boudreau Chief of the Fire Department
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police department
ARRESTS
The records show that a total of 228 arrests were made. Of this number 132 were for all type crimes and 96 were for violation of the Motor Vehicle Laws.
Abandoned Child
1
Larceny
3
Assault and Battery
5 Malicious Mischief
1
Breaking and Entering
13
Non payment of wages 2
Carnal Abuse of Female
2 Non support 3
Delinquency
12
Receiving Stolen Property
1
Disturbing the Peace
1 Unnatural Act
3
Drunkenness
76 Violation of Game Laws
2
Illegitimacy
2 Violation of Parole
1
Insane Person
3 Violation of Probation
1
MOTOR VEHICLE VIOLATIONS
Attaching Plates
2
Operating Under the Influence 10
Failing to Keep to Right
1
Operating without License being Accessible
3
Failing to Slow at Intersection
1 Operating without Registration Accessible 2
Failing to Stop on Signal of Officer
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