USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1958-1959 > Part 20
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Article 16. To see if the Town will vote to raise by taxation or transfer from available funds a sum not to exceed Two Thousand Five Hundred ($2, 500. 00) Dollars and appropriate the sum for installing a catch basin at or near the receiving tomb on Main Avenue in Wildwood Cemetery and that the part of such amount not used for catch basin be used for hot topping Main Avenue as far as the money will permit, or do anything in relation thereto. Request of the Cemetery Commissioners.
On a motion by Mrs. Wavie M. Drew it was voted to transfer from the sale of Cemetery Lots Account and appropriate the sum of $2, 500. 00 for installing a catch basin at or near the receiving tomb on Main Avenue in Wildwood Cemetery and that the part of such amount not used for catch basin be used for hot topping Main Avenue as far as the money will permit.
Article 17. To see if the Town will vote to raise by taxation or transfer from available funds and appro- priate a sum of money not to exceed Fifteen Hundred Dollars ($1, 500. 00) for the purpose of extending the Town fire alarm signal telegraph line and purchasing and connecting fire alarm signal boxes and other
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necessary appurtenances thereto, or take any action in relation thereto. Request of the Town Manager. Finance Committee - approved. On a motion by Mr. Donald C. Kidder it was voted to raise by taxation and appropriate the sum of $1, 500. 00 for the purpose of extending the town fire alarm signal telegraph line and purchasing and connecting fire alarm signal boxes and other necessary appurtenances thereto.
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Article 18. To see if the Town will vote to raise by taxation, or transfer from available funds the sum of Four Hundred Dollars ($400. 00) to pay for balance due for engineering services in preparing plans for the town sewerage system not covered by grant from the U. S. Government, or do anything in relation thereto. Request of the Town Manager. Finance Committee - approved. On a motion by Mr. Francis J. Hagerty it was voted to raise by taxation and appropriate the sum of Four Hundred Dollars ($400. 00) to pay balance due for engineering services in preparing plans for town sewerage system not covered by grant from the
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Article 19. To see if the Town will vote to amend the Town By-Laws by inserting therein a new chapter numbered, entitled and reading as follows, or do anything in relation thereto. "Chapter 5a. Rules and Reg lations Governing the Operation of Motor -driven Boats in The Town of Wilmington".
Section 1. No person shall operate a motor -driven boat unless he shall have first registered the same with the Chief of Police and obtained a certificate of registration together with a registration number for the boat which shall be displayed on both sides of the bow in numerals at least six inches high. Said numerals may be painted on removal boards. The Chief of Police may revoke the registration of any boat, the operator of which has been convicted of violating any of the rules or regulations contained in this chapter.
Section 2. No motor -driven boat shall be operated unless the motor has an underwater exhaust or is equipped with a muffler which complies with the standards set up by the Department of Public Safety.
Section 3. No person shall operate a motor -driven boat on any lake, pond or river in the Town of Wilmingt at such a speed or in such a manner as to endanger the lives and safety of others or the property of others or in such a manner as to cause danger of collision with other watercraft or in such a manner as to create excessive wash or wake so as to interfere with the operation and safety of other watercraft, endanger bathe: or damage property.
Section 4. The operation of a motor -driven boat on any lake pond or river in the Town of Wilmington unde conditions and/or in places or areas as hereinafter indicated at speeds greater than as so indicated shall be considered to be in violation of these rules and regulations.
(a) When approaching or leaving the shore or a pier or when passing within one hundred feet of a bather or a bathing area or another boat or when passing within one hundred feet of the shore except in a location where the shore is entirely undeveloped and unimproved and where no dwellings exist, three miles per hour
(b) When passing within two hundred feet of but over one hundred feet distant from a bather or bathing area or another boat or when passing within two hundred feet of but over one hundred feet distant from the shore except in a location where the shore is entirely undeveloped and unimproved and where no dwellings exist, seven miles per hour.
(c) When passing within five hundred feet of but over two hundred feet distant from the shore except in a location where the shore is entirely undeveloped and unimproved and where no dwelling exist, ten miles per hour.
(d) In any location during the hours from one half hour after sunset to one-half hour before sunrise, seven miles per hour.
Section 5. During the period commencing one-half hour after sunset and ending one-half hour before sunrise every motor -driven boat shall display a fully visible white light.
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Section 6. No person shall operate a motor-driven boat on any lake, pond or river in the Town of Wilmington within fifty feet of a bather or bathing area at any time except for life saving purposes.
Section 7. No person shall operate a motor-driven boat on any lake, pond or river in the Town of Wilming - ton while under the influence of intoxicating liquor.
Section 8. Row boats, canoes and sailing boats shall have the right of way at all times.
Section 9. The above rules and regulations are to be enforced by authorized police officials of the Town of Wilmington, and the violation of the above rules and regulations shall for each offense be punished by a fine of not more than Twenty Dollars ($20. 00). Request of the Board of Selectmen.
The above amendments to the Town of Wilmington's By-laws were read by Selectman Nicholas L. DeFelice as a motion with the exception of Section 5 which was amended thus: Section 5. No motor-driven boat shall be operated during the period commencing one -half hour after sunset and ending one-half hour before sun- rise. There followed a lengthy discussion after which Mr. Fremont E. Coolidge offered an amendment as follows: I Move that all boats, or other water vehicles, other than row boats or canoes, - manually op- erated, shall be prohibited on Silver Lake. The above to be enforced by authorized Police Officials of the Town of Wilmington. The vote was as follows: Yes - 158, No - 133. The vote on the By-law motion as amended was as follows: Yes - 220, No - 56. Motion carried.
Article 20. To see if the Town will vote to authorize the Selectmen and/or the Board of Water Commission- ers and/or the Town Manager to execute and deliver on behalf of the Town a release running to Harry E. Wood of said Wilmington to all rights in a certain portion of his land lying on the notherly side of Hillside Way in said Wilmington which was taken by the Board of Water Commissioners by eminent domain through inadvertence in excess of the area actually intended to be taken: the area to be released being that portion of the area to be taken lying outside or beyond the boundaries set forth in the following description:
Beginning at a point on the North side of Hillside Way 457. 57 feet from the Wilmington-Burlington Town line, thence Northerly 400 feet along the land now or formerly of William F. and Barbara E. Roberts, thence Easterly 200 feet more or less to the land now or formerly of Dante L. and De. C. Gattoni, thence South along said land 268 feet, to Hillside Way, thence by the line of Hillside Way 225 feet to the point of beginning, or do anything in relation thereto. Request of the Town Manager. Finance Committee - approved. On a motion by Mr. Charles H. Black the above article was voted unanimously.
Article 21. To see if the Town will vote to accept Chapter 268 of the Act and Resolves of 1952. An act providing that Police Officers of certain cities and town shall be given an additional day's pay when they are required to work on certain holidays, or do anything in relation thereto. Request of George S. Cushing and others. Finance Committee - disapproved. On a motion by Frederick M. Kleynen the above article was voted. By standing vote: Yes - 166, No - 120.
Article 22. To see if the Town will vote to accept Section 57A of Chapter 48 of the General Laws, which reads as follows:
S 57A. Additional Day Off, or Pay, for Certain Fire Fighters, etc. Required to work on certain Legal Holidays: Acceptance of Section Regulated - If any permanent member of the fire fighting force or fire alarm division of a fire department of a city or town is required to serve a tour of duty during the twenty- four hour period commencing at eight o'clock in the morning of January first, February twenty -second, April nineteenth, May thirtieth, July fourth, the first Monday of September, October twelfth, November eleventh, Thanksgiving Day or Christmas Day, or the day following when any of the five days first mention- ed, or October twelfth, November eleventh or Christmas occurs on Sunday, he shall be given an additional day off, or if such additional day off cannot be given because of personnel shortage or other cause, he shall be entitled to an additional day's pay provided, that any such member who through a rotation of shifts, works different days in successive weeks shall be granted, in each year in which the number of holidays falling on his regular days off is in excess of the number of holidays in such year falling on Saturday, additional days
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Article 22 (continued) . off equal to the excess, and, if any such additional day off, cannot be given because of personnel shortage or other cause, an additional day's pay shall be allowed in lieu thereof. This section shall take effect in a city having a Plan E charter when accepted by the affirmative vote of a majority of the city council, and in the case of other cities by vote of the city council, subject to the provisions of its charter, and in a town by a majority vote at an annual town meeting, but not otherwise, (1953), 640, appvd. July 2, 1953: effective 90 days thereafter). Request of George S. Cushing and others. Finance Committee - dis- approved. The above article was made into a motion by Mr. Frederick M. Kleynen and the town voted un- animous approval.
Article 23. To see if the Town will vote to accept Section 47E of Chapter 31 of the General Laws in regards to annual compensation of each permanent employee of the Welfare Department, or do anything in relation thereto. Request of Andrew P. Ring and others. (Finance Committee - Disapproved. ) On a motion by Mr. Andrew P. Ring the above article was made into a motion. On a voice vote the motion was lost and so declared by the moderator.
Article 24. To see if the Town will vote to accept Section 108D of Chapter 41 of General Laws in regard to minimum annual compensation of each permanent fire fighter in the Fire Department, or do anything in re - lation thereto. Request of Frederick M. Kleynen and others. Finance Committee - disapproved. During action on Article #4 (Budget) Mr. Kleynen moved that article #24 be taken up out of order. Voted to do so. Yes - 202, No - 73. Mr. Kleynen moved the adoption of Article #24, and it was lost by a voice vote and so declared by the moderator.
Article 25. To see if the Town will vote to authorize the Board of Selectmen to take by eminent domain for the purpose of a police station site, that parcel of land situated on Church Street substantially in the location of the private way known as Olson Road and to see how much money the Town will appropriate for said pur - pose and determine how such appropriation shall be raised, whether by taxation, by transfer from available funds in the treasury or otherwise, or do anything in relation thereto. Request of the Board of Selectmen. Finance Board approved - $50. 00. On a motion by Mr. Francis J. Hagerty it was voted to raise by taxa - tion $50. 00 and appropriate same to effect the purpose of the above article.
On a motion by Mr. Hagerty it was voted to take up Article #27 before Article #26. Motion was voted un- animously.
Article 27. To see if the Town will vote to appropriate $75, 000. 00 or any lesser amount for the purpose of constructing and originally equipping and furnishing a new police station upon land already owned by the Town, and to determine how said appropriation is to be raised, whether by taxation, by transfer or by borrowing, or do anything in relation thereto. Request of the Selectmen. Finance Committee - approved.
On a motion by Mr. Hagerty it was unanimously voted to appropriate the sum of $75, 000. 00 for the purpose of constructing and originally equipping and furnishing a new police station upon land already owned by the Town on Adelaide Street and to meet said appropriation that the Treasurer with the approval of the Selectmen be and is hereby authorized to borrow the sum of $70, 000. 00 and to issue Bonds of the Town therefor from time to time payable in not more than ten (10) years; that the sum of $4, 800. 00 being the unexpended balance of the appropriation made under Article 40 of the Warrant for the Annual Meeting held in March 1958 be trans- ferred and that the amount of $200. 00 be raised by taxation.
Article 26. To see if the Town will vote to rescind the action taken under Article 40 of the Warrant for the annual meeting held in March, 1958, providing for the acquisition of a site, the erection and equipment of a police station thereon and the appropriation of $65, 000. 00 to cover the cost thereof, $5, 000. 00 of which amount was to be raised by taxation and the balance by borrowing, or do anything in relation thereto. £ Reques of the Board of Selectmen. Finance Committee - approved. On a motion by Mr. Kidder it was voted un- animously to rescind so much of the action taken under Article 40 of the Warrant for the Annual Meeting held in March 1958 as provided for the acquisition of a site, the erection and equipping of a police station and the authority to borrow.
A motion to recess until 7. 00 o'clock, made by Mr. Woods was lost by a voice vote.
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Article 28. To see if the Town will vote to accept Hathaway Road Extension, Pilling Road, Gunderson Road and Draper Drive as public town ways as laid out by the Board of Selectmen and approved by the Planning Board according to a plan filed with the office of the Town Clerk and to authorize the Board of Selectmen to take by Right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of the article and to see how much money the Town will appropriate for said purpose and determine how such appropriation shall be raised, whether by taxation, by transfer from available funds in the treasury, or otherwise, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee - approved $50. 00.
On a motion by Mr. Black it was voted to accept Hathaway Road Extension, Pilling Road, Gunderson Road and Draper Drive as public town ways as laid out by the Board of Selectmen and approved by the Planning Board according to a plan filed with the office of the Town Clerk and authorize the Board of Selectmen to take by Right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of the article and that the Town raise by taxation and appropriate the sum of $50. 00 for this pur - pose.
Article 29. To see if the Town will vote to accept and construct Longview Road, Ledgewood Road, Glenview Road and Hilltop Road as laid out by the Board of Selectmen and approved by the Planning Board according to a plan filed with the office of the Town Clerk and to authorize the Board of Selectmen to take by the Right of Eminent Domain such land, slope and drainage or other easement as may be necessary to effect the purpose of the article and to see how much money the Town will appropriate for said purpose and determine how such appropriation shall be raised, whether by taxation, by transfer from available funds in the treasury or other - wise, or do anything in relation thereto. Request of the Board of Selectmen. Finance Board - approved $20,000. 00.
On a motion by Mr. DeFelice it was voted to accept and construct Longview Road, Ledgewood Road, Glen - view Road and Hilltop Road as laid out by the Board of Selectmen and approved by the Planning Board accord- ing to a plan filed with the office of the Town Clerk and authorize the Board of Selectmen to take by Right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of the article and raise by transfer from available funds and appropriate the sum of $20, 000. 00 for such pur - pose. The moderator doubted the voice vote and called for a standing vote. Yes - 269, No - 3. Carried.
Article 30. To see if the Town will vote to accept as a public way the layout of Beeching Avenue as approved by the Planning Board and made by the Selectmen under the provisions of law relating to the assessment of Betterments, which layout is filed in the office of the Town Clerk, and which, with plans therein mentioned, is hereby referred to for more particular description; and to determine how an appropriation shall be raised,. whether by taxation, or by transfer from available funds, by borrowing, or otherwise, for the purpose of constructing said way and for the payment of any damages resulting from the taking of land and slope ease - ments and other easements therefor, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee - approved $3, 000. 00.
On a motion by Mr. DeFelice it was voted unanimously to accept as a public way the layout of Beeching Ave. as approved by the Planning Board and made by the Selectmen under the provisions of law relating to the assessment of Betterments, which layout is filed in the office of the Town Clerk, and which, with plans there - in mentioned, is hereby referred to for more particular description and that the sum of $3, 000. 00 be raised by taxation and appropriated for the purpose of constructing said way and for the payment of any damages resulting from the taking of land and slope easements and other easements.
Article 31. To see if the Town will vote to extend the present industrial area located on the southerly side of Burlington Avenue, Wilmington, Massachusetts, as follows: Westerly of Floradale Avenue, Two Hundred twenty- six and 72/100 (226. 72) feet. Southerly by land now or formerly by Hamilton, Two Hundred fifty-two and 37/100 (252. 37) feet: Northeasterly by land owned by Roderick Wm. Hoag on a line parallel with the Railroad line, Two hundred seventy and 53/100 (270. 53) feet; and Northwesterly by said Burlington Avenue One Hundred sixty-five and 87/100 (165. 87) feet. The above described area containing 49, 263. 70 feet. On request of William E. Rogers and others. Finance Committee - approved. The Planning Board presented
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Article 31 (continued) a report on this zoning change and recommends the approval of same. On a motion by Mr. William E. Rogers the above zoning change was voted unanimously.
Article 32. To see if the Town will vote to amend the Zoning By-law and Map by changing from Single Resi- dence B to Neighborhood Business District the following described parcel of land; Lots 171 through 173 in- clusive and 179 and 180 all as shown on a plan of land known as Silver Lake Pines Addition a copy of which is on record at the Assessors Office and more particularly described as follows: Northeasterly by lot 170 One Hundred twenty-one 33/100 (121. 33) feet, Northwesterly by Maple Road Twenty-nine and 84/100 (29.84) feet, Southwesterly by lots 174 through 178 one hundred twenty-eight and 57/100 (128. 57) feet, Northwesterly by lot 178 one hundred (100) feet, Southwesterly by Main Street one hundred ten and 03/100 (110.03) feet, South- easterly by Oakwood Road two hundred forty-four and 07/100 (244. 07) feet, or do anything in relation thereto Request of Frances M. Corneliussen and others. Finance Committee - disapproved. The Planning Board
presented a report on this zoning change and recommends the town meeting vote No on the above article. Standing vote as follows: Yes - 7, No - 215 - Lost.
Article 33. To see if the Town will vote to amend the Zoning By-law and Map by changing from Single Resi - dence A District to Industrial District the following described parcel of land. A certain parcel of land off Lowell Street bounded Westerly by West Street, 440 feet, Northerly by land of various owners, 1207 feet, Easterly by land of the Boston and Maine Railroad and State Route 93, Southerly by land of Minot and Ruth Anderson and John C. Elia or do anything in relation thereto. Request of Michael J. Elia and others. Finance Committee - disapproved. Mr. Elia withdrew the article. A motion to pass the article was un- animous.
Article 34. To see if the Town will vote to amend the Zoning By-law and Map by changing from Single Resi - dence A to Industrial Zone an area on the north side of Lowell Street, bounded as follows: Starting at a County Bound on the north side of Lowell Street, thence northerly to the property formerly of Carter (approxi mately 460 feet), thence easterly 327 feet along said property line to Interstate Highway No. 93; thence southerly along said Highway 517 feet to Lowell Street; thence westerly along the north side of Lowell Street by three courses of 182 feet, thirty feet and 115 feet to point of beginning, or do anything in relation thereto. Request of James R. Anderson and others. Finance Committee - disapproved. The Planning Board pre- sented a report on this zoning change and recommends that this article be defeated. Standing vote as follows: Yes - 5, No - 204. Motion lost.
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Article 35. To see if the Town will vote to amend the Zoning By-law and Map by changing from Single Resi- dence A to General Business District the following Sections of land. The land in the southern section of Wilmington, bounded as follows: being all that land now owned by grantee and used as a Real Estate Office, said triangular lot of land, bounded as follows: Five hundred twelve feet (512) on New Main Street, Six Hundred Forty-nine feet (649) on Old South Main Street, consisting of One and Forty-four Acres (1. 44) as shown on Plan, or do anything in relation thereto. Request of Mary Quigley and others. Finance Committee disapproved. The Planning Board presented a report on this zoning change and recommends that this article be defeated. The above article was read as a motion and a standing vote was taken. Yes - 38, No - 152. Lo
Article 36. To see if the Town will vote to amend the existing zoning regulations as established by a Special Town Meeting dated November 28, 1955 are amended so that the premises located at 306 Main Street, Wil- mington, Massachusetts now zoned as suburban rural area be changed to that for general business use, and that said premises are more particularly described as follows: Being numbered 306 on the Easterly side thereof on Lot #1 on plan dated November 3, 1926 recorded with Middlesex North District Deeds, Book of Plans 49, Plan 73 and bounded and described as follows: Beginning on the Southwest corner of Main Street as Lot 7 on said plan thence running Northwesterly on Main Street nineteen and 54/100 (19. 54) feet to a stone bound, thence still by Main Street Thirty-six and 96/100 feet (36. 96) to angle, thence Northerly and North- easterly on a curved line Fifteen (15) feet more or less to a stone bound, thence Easterly on Clark Street One Hundred Forty-five and 96/100 (145. 96) feet to Lot 2 on said plan, thence Southerly on Lot 2 Sixty-six and 75/100 (66. 75) feet to Lot 7 on said Plan, thence Westerly by Lot 7 One Hundred Thirty-nine and 32/100 (136. 32) feet to the point of beginning, or do anything in relation thereto. Request of Edward J. Curtis and others. Finance Committee - disapproved. A motion by Mr. Hagerty to pass the article was unanimous.
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Article 37. To see if the Town will vote to raise by taxation or by transfer from available funds the sum of Three Thousand Dollars ($3, 000. 00) and appropriate the same for the purpose of constructing a municipal Dog Pound or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee - approved. On a motion by Mr. Kidder it was voted to raise by taxation and appropriate the sum of $3, 000. for the purpose of constructing a Municipal Dog Pound on land now owned by the Town of Wilmington off Andover Street. Unanimous.
Article 38. To see if the Town will vote to accept Chapter 41, Section 110A of the General Laws, that any public office in a town may remain closed on any or all Saturdays, as may be determined by a vote of the Town, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee - dis - approved. On a motion by Mr. Hagerty it was voted to pass the article.
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