USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1960-1961 > Part 2
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Town of Wilmington v. Julia Godzyk, Administratrix of the Estate of Andrew Klebasz, Fourth Dis- trict Court of Eastern Middlesex. (Action of contract to recover amounts expended by the Town for support and hospital treatment of decedent. )
Town of Wilmington v. Wendell Phillips, Middlesex Probate Court. (Petition to enforce obligation to support. )
Town of Wilmington v. Irving L. White, Middlesex Probate Court. (Petition to enforce obligation to support.)
Towne Land Development, Inc. v. Wilmington Planning Board Middlesex Superior Court. (Appeal in equity from action of Planning Board disapproving a proposed sub-division. Complaint entered in Court but no subpoena served on Town. )
Town of Wilmington v. Percy G. Crocker, Middlesex Superior Court. (Bill in equity to enjoin removal of gravel. )
Wilmington Board of Health v. Nagel Stone, Middlesex Superior Court. (Bill in equity to enjoin occupancy of substandard dwelling).
Town of Wilmington v. Joseph DeCota, Jr. Fourth District Court of Eastern Middlesex. (Pro- ceeding to enforce obligation to support. )
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New England Gas Products, Inc. v. Board of Appeal, Middlesex Superior Court. (Three separate appeals from refusal of building permit. )
John F. Hartnett et als v. Town of Wilmington, Middlesex Superior Court. (Petition in equity by ten taxpayers to compel the making of additional school appropriations by the Town. )
Town of Wilmington v. Allstate Sand & Gravel Co. and Pleasant Homes, Inc. Middlesex Superior Court. (Bill in equity to enjoin removal of sand and gravel. )
Town of Wilmington v. Commonwealth of Massachusetts, Middlesex Superior Court. (Petition for assessment of damages in taking for state highway. )
Town of Wilmington v. Stephen P. Hathaway et als, Middlesex Superior Court. ( Bill in equity to enjoin removal of sand and gravel. )
Inhabitants of Town of Wilmington v. Edward G. Moody & Sons, Inc. et als. Fourth District Court of Eastern Middlesex. (Action to recover amounts paid for repair of brush fire truck. )
Edward G. Moody & Son Inc. v. Inhabitants of Town of Wilmington, Arthur J. Boudreau and Fred F. Cain, Inc. Fourth District Court of Eastern Middlesex. (Action to recover for repairs to brush fire truck. )
Town of Wilmington v. Frederick & Ethel Smith et al, Middlesex Superior Court. (Bill in equity to enjoin removal of gravel. )
Town of Wilmington v. Alice C. and William A. Dias and Campanella & Cardi Construction Co. Middlesex Superior Court. (Bill in equity to enjoin removal of gravel. )
Planning Board of the Town of Wilmington v. James F. Donahue et al. Land Court. (Proceeding to secure verification of Planning Board's action in rescinding approval of part of subdivision plan. )
Paul Bongiorno et ux v. County of Middlesex and Town of Wilmington, Middlesex Superior Court. (Petition for assessment of damages in land taking. )
Wright & Pierce v. Town of Wilmington, United States District Court. (Action for breach of contract. )
Doris Weinstein v. Town of Wilmington, Middlesex Superior Court. (Petition for assessment of damages for taking of land near North Wilmington Station for public parking area. )
Town of Wilmington v. William Baldwin et als, Middle sex Superior Court. (Bill in equity to enjoin removal of sand and gravel.)
Town of Wilmington v. Stephen P. Hathaway and George E. Dunn. Middlesex Superior Court. (Bill in equity to enjoin removal of sand and gravel. )
Town of Wilmington v. Commonwealth of Massachusetts, Middlesex Superior Court. (Petition for assessment of damages in land taking. )
Town of Wilmington v. Francis X. Lang et als, Commissioners of Department of Public Utilities, Supreme Judicial Court. (Appeal to the Supreme Judicial Court from the order of the Department of Public Utilities permitting certain reductions of passenger service by the Boston & Maine Railroad. )
John J. and Mary T. Hayes v. County of Middlesex, Middlesex Superior Court. (Petition for assess- ment of damages in land taking. )
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Frank & Johanna M. Hingston v. Inhabitants of Town of Wilmington. Middlesex Superior Court. (Petition for assessment of damages in land taking. )
Mildred Tentindo v. Town of Wilmington, Middlesex Superior Court. (Tort action to recover for personal injuries. )
City of Boston v. Town of Wilmington, Suffolk Superior Court. (Action to recover for hospital care for resident of Wilmington. )
Campanella & Cardi Construction Co. v. Alfred Calabrese, Middlesex Superior Court. (Tort action for malicious interference with contract and obstructing way. )
B. (1). During the year 1960 the following new actions were brought by or on behalf of the Town: Town of Wilmington v. Poorvu Construction Co. , Middlesex Superior Court. (Action of contract for damages on account of defects in heating system of Wildwood School).
Town of Wilmington v. City of Malden, Middlesex Superior Court. (Action to recover reimburse - ment for welfare payments).
Town of Wilmington v. John Benevento, Middlesex Superior Court. (Bill in equity to enjoin remova! of gravel.)
Town of Wilmington v. George Vokey, Middlesex Superior Court. (Bill in equity to enjoin removal of gravel.) B. (2). During the year 1960 the following new actions were brought against the Town or its officers or agents:
Poorvu Construction Co. v. Inhabitants of Town of Wilmington, Middlesex Superior Court. (Action of contract to recover balance withheld on Wildwood School).
John McSheffrey, Petitioner v. Inhabitants of Town of Wilmington, Middlesex Superior Court. (Petition for assessment of damages for land taking. )
Beatrice Humphrey and another v. Town of Wilmington, Middlesex Superior Court. (Petition for assessment of damages for land taking. )
Philip J. Hennessey v. Board of Water Commissioners, Middlesex Superior Court. (Petition for reduction of betterment assessment. )
C. During the year 1960 the following actions by or against the Town were finally disposed of:
Towne Land Development, Inc. v. Wilmington Planning Board, Middlesex Superior Court. (Dis- missed under rule as inactive).
Town of Wilmington v. Percy G. Crocker, Middlesex Superior Court. (Dismissed under rule as inactive).
Town of Wilmington v. Allstate Sand & Gravel Co. and Pleasant Homes, Inc., Middlesex Superior Court. (Disposed of by final consent decree in favor of the Town).
Inhabitants of the Town of Wilmington v. Edward G. Moody & Sons, Inc. Fourth District Court of Eastern Middlesex, removed to Superior Court ..
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Edward G. Moody & Sons, Inc. v. Inhabitants of Wilmington & Others, Fourth District Court of Eastern Middlesex, removed to Superior Court.
(The two last named cases were disposed of after trial in the Superior Court by payment by the Town of Judgment obtained by Moody and payment to the Town of a nearly equal amount by the co-defendant).
Town of Wilmington v. Frederick & Ethel Smith et al, Middlesex Superior Court.
Town of Wilmington v. Alice C. Dias et al, Middlesex Superior Court.
(The two last named cases were dismissed by agreement).
Doris Weinstein v. Town of Wilmington, Middlesex Superior Court. (Disposed of by trial and judg - ment fixing plaintiff's damages and payment of judgment).
Town of Wilmington v. Stephen P. Hathaway and George E. Dunn, Middlesex Superior Court. (This case was dismissed by agreement. )
Frank and Johanna M. Hingston v. Inhabitants of Town of Wilmington, Middlesex Superior Court. (Disposed of by compromise settlement).
Mildred Tentindo v. Town of Wilmington, Middlesex Superior Court. (Disposed of by compromise settlement).
Beatrice Humphrey and another v. Town of Wilmington, Middlesex Superior Court. (Disposed of by payment and acceptance of amount awarded as damages by the Selectmen).
D. Compensation was received by the Town Counsel in said matters and in all other matters during he year as follows:
Compensation $4205. 00, less discount of $2433. 94, to conform to appropriations $1771. 06 Disbursements 728. 94 $2500. 00
(The above amounts were entirely on account of services rendered and disbursements paid in the calendar year 1959. )
constable
Town Manager Wilmington, Mass.
I herewith submit my annual report as Constable of the Town of Wilmington for the year ending
1960. I have posted notices and warrants for the Annual Town Meeting, Special Town Meetings, State Primary, and State Election in accordance with the By-laws of the Town of Wilmington. I have also served and posted notices for other departments of the Town of Wilmington.
Respectfully submitted, A. John Imbimbo Constable of Wilmington
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planning board
Planning Board - Left to right: Joseph Slater, Herbert Nickerson, Raymond Fitzmaurice, James Banda, and John R. Evans.
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General Planning:
In 1959 the Planning Board, with the assistance of planning consultants, drew up long range program for the town in the field of School Development, Capital Budget Requirements, and Town Recreation. These reports are expected to be printed for distribution at the Annual Town Meeting in March 1961.
Sub-Divisions:
During 1959 no new sub-divisions were initiated, with the exception of "Hathaway Acres Extension" which was being considered for preliminary approval during the latter part of 1959.
Zoning:
Proposed amendments to the Zoning By-laws and Map are reviewed by the Planning Board, which holds a Public Hearing and submits a formal report and recommendations to the Town Meeting. In each particular case during the past year, the Planning Board's recommendations were felt to be in keeping with the best interests of the town as a whole and not just the area surrounding the locality to be rezoned.
In each case of rezoning during 1959, the Town Meeting vote followed the Planning Board recommen dations, with but one exception. The Board wishes to thank the townspeople for their support on these matters.
Parks and Recreation:
The Planning Board, which also serves as the Board of Park Commissioners, is striving to make Silver Lake Beach a better recreational center through gradual improvement of the grounds and facilities.
In 1959 the length of the beach was extended by dredging and filling with sand. Minor improvement were made to the bath house facilities. Next year the parking lot will be enlarged, and the surfacing will be improved. Some landscaping is also planned (depending on the budget).
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Special Meetings and Hearings:
During 1959, the Planning Board, in addition to holding its twice-monthly meetings, attended several public hearings and dozens of special meetings with other boards and committees. The Public Hearings concerned rezoning, land taking by the Town, and Board of Appeal hearings.
Special meetings were held to discuss Zoning enforcements, selection of school sites, size and type of schools, capital budget planning, urban renewal, and revisions to the Zoning Map and By-laws. Several meetings were held with new industries interested in locating in Wilmington.
Advisory Member of the Permanent Building Committee:
One member of the Board each year is appointed to serve as an advisory member of the Permanent Building Committee; to attend their meetings as often as necessary in order to properly represent the Planning Board in all of the Town's new construction planning. During 1959, the Planning Board member attended about twenty percent of these meetings.
General:
The Planning Board wishes to acknowledge the full cooperation received from the people of the town, all of the boards and town officials, and hopes for their continued help during the coming year.
dog officer
Dog Licenses
1136
Kennels.
$50.00
0
25.00
0
10.00
0
Dogs Confined
301
Complaints Covered
589
Dogs Destroyed
Dogs Disposed of
286
Dogs Killed by Cars
81
Resident Calls for Licenses
352
wilmington Memorial Library
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$214
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town engineer
TOWN ENGINEER Alphonse Savignac
Two of the Northeastern University cooperative students, employed by the town for the past four years, graduated and they were replaced by Frank Hebert, in his junior year in college, and Donald Gagnon, } in his first year on the cooperative basis. It was deemed best to avoid the two students leaving at the same time.
The work handled by the department during the year consisted of relocating the Town line between Wilmington and North Reading; staking out other town lines through gravel pits; making plans and designs; as well as giving lines and grades for the work handled by the town forces; making necessary surveys for the proposed new wellfield for an additional water supply in the area off Chestnut Street and Butters Row; surveying and bounding the Town owned land on which the Walker School and Police Station are located; super vising new roads, drainage, etc; making new maps and keeping others up to date for tax purposes; investi- gating gravel operations mostly for bond release purposes; and supervising the work done for the beach ex- tension at Silver Lake.
It was known for some time that the intermediate markers indicating the location of the Town line between Salem Street south to the Ipswich River, were not in their proper location. The survey indicated that this line had to be moved about 225 feet towards Wilmington where it crossed Park and Concord Streets The surveys made by the State Department of Public Works also indicated this error. The witness marker on the bank of the Ipswich River, which was removed during the construction of new Route 93, was replaced
The construction of new Route 93 through the Town brought on new problems of drainage and re- zoning attempts by new industries wishing to locate in Wilmington. Drainage problems were investigated and corrected when possible. Maps and descriptions for areas to be rezoned were prepared for Town Meetings as requested by the Planning Board.
Carolyn Road and Pineridge Road were staked out and made ready for construction. Carolyn Roa is one of the streets recommended for acceptance under Article 32 of the 1955 Annual Town Meeting and is exempted from the Betterment Act. It is the last of fourteen streets to be built under the provisions of this article. Pineridge Road was built under the Betterment Act. Only the bituminous concrete surfacing remains to be done to complete these two projects. An easement was obtained from Mr. Beddoes on North Street to provide an outlet to Lubbers Brook for the drainage of these two streets.
The plans for Boutwell Street, from Burlington Avenue to the entrance of the road to the new school, were also completed and recorded in the Registry of Deeds.
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Additional surveys were made to obtain the necessary information to complete the plans for Urban Renewal which was turned down by the voters.
The only active subdivision during the past year was the Roberts Estate. The portion covered by the first permit was completed, and the money held in escrow was released. An extension including three lots was granted by the Planning Board, and arrangements were made to hold the money in escrow to guarantee the building of the roads, sidewalks, etc. as required under the sub-division control laws.
It is also became necessary during the year to investigate the financial status of the Signore Development. The standing of this subdivision was quite confused, and considerable investigation was done to obtain a clear picture of the situation. All the information has been turned over to the Town Counsel, and it is hoped to obtain a legal decision to finally settle the matter.
recreation commission
The Recreation Commission respectfully submits its annual report for the year 1960.
As in the past, the Commission has directed its efforts for a balanced program designed for a variety of activities with consideration for persons of all ages. It includes such summer activities as super - vised playgrounds for children, a boys' baseball league, a softball league for men, and a beach program which not only offers protection of life, but includes instruction in swimming, life saving, and water safety.
In the fall and winter months, a diversified indoor program of basketball, physical culture, golf instruction, and physical fitness is offered in the school gymnasiums - boys, men, and women are eligible to take part.
A tremendous increase in patrons at the Silver Lake Beach necessitated an increase in personnel while the season was in progress. The funds for this change were made possible through the cooperation of the Town Manager and the members of the Finance Committee.
Future needs point to the establishment of a supervised playground at the Boutwell School area commencing in 1961, and there will be a need for increased personnel in 1963 with the establishment of a supervised area at the proposed North Wilmington School site.
The commission is especially grateful to the Planning Board and Park Commission for their assistance in the realization of a worthwhile beach area. We also wish to express our appreciation to the Town Manager and to the Town Departments for their cooperation.
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board of appeals
Following is the report of the Board of Appeals for the year 1960. This report contains the date of the hearing, the name of the applicant, and the decision of each case.
Dec. 23, 1959: Wilmington Sales - Variance in Zoning Laws for proposed erection of body shop for Wilmington Ford Co. on land located next to 683 Main Street - Approved with restrictions
Jan. 7, 1960: Robert W. Deitrich - For a non-conforming addition to dwelling on Woburn Street - Approved 12' side lot.
Helen Chrusciel - Right to erect dwelling on non-conforming lot on Chestnut St. - Approve Webster Cement Co. - Erect a manufacturing plant at 841 Woburn Street - Approved.
Johnson's Realty Trust - Right to erect dry cleaning plant on Middlesex Avenue near Post Office - Approved.
Leo Trimarchi & Anthony Micalizzi - Variance in Zoning Laws to rectify previous sur - veying error on size of lots - Approved.
Jan. 14, 1960: Ether L. Warner - Variance in zoning to erect house on Adams Street on lot not having required frontage - Approved with restrictions.
Robert & Barbara Belbin - Right to erect home on Andover Street near new Route 125, on lot having less than required area - Granted.
Feb. 4, 1960:
Edsel Tocci - To sell loam within and outside of Town from development on Woburn St. No action.
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Mr. Calandrello - Variance of 20 ft. in frontage on lot on Main St. - Granted.
Mar. 3, 1960:
Gabriele DePiano-Extension of permit for trailer used as living quarters - Cunningham Street - Granted with restrictions.
Harold W. Foley - Permission to install a suitable sign for advertising purposes at 188 Main Street - Granted.
Edsel Tocci - Right to remove excess loam from Fay Farm, Woburn St. - Denied
Mar. 24, 1960:
Robert G. Arsenault - Re-subdivide two existing lots for purpose of correcting boundary lines - Approved.
Apr. 7, 1960:
Charles M. Lennox - Variance to allow for erection of addition to gas station nearer to lot line than law allows, 945 Main Street - Granted with provisions.
William F. Magee - Variance to set aside house lot at 406 Chestnut Street, not in con- formity with Zoning Law - Denied.
Bert Quigley - Variance in Zoning Law to divide his property into two households - Granted.
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Apr. 7, 1960:
Apr. 14, 1960:
Paul Godzyk - Right to erect repair garage, corner Lowell and Young Street - Conditional approval.
Sadie Griffith - Right to erect real estate office at corner Kiernan Avenue & Main Street, lot not having required frontage - Denied.
Larz Neilson - Erect temporary shed not having required foundation, 364 Middlesex Avenue - Granted.
North American Acceptance Corporation - Erect gas station at 503 Main Street with pump, island and lights being closer than 30 ft. to street line, not in accordance with Zoning Law - Granted with restrictions.
Apr. 21, 1960:
Clarence Spinazola - To operate a public dump off Old Main Street - Approved with restrictions.
Henry J. & Sarah J. Flight - Proposed subdivision of their property, 74 Shawsheen Ave. , to have two lots, one of which will be smaller than the law allows - Denied.
Lester H. Peabody, Jr. - To build two houses on lot not having required frontage on Jaquith Road - Denied.
Roderick Wm. Hoag - To build commercial building with less than required front yard on Middlesex Avenue - Denied.
Salvatore Provenzano - To complete garage started in 1946 that is too close to lot line, 102 West Street - Approved.
Jonathan A. Hamilton - To live in existing house until new house is complete on Hopkins Street - Granted with provisions.
James L. Mclaughlin - To build on lot with less than required frontage on Shawsheen Avenue - Granted 8' variance.
May 5, 1960:
Gladys Swenson, Admnx. - Variance in Zoning Laws to allow for two 25' radius corners on two planned house lots at 704 Woburn Street - Denied.
Dr. Morris Kelman - Variance in Zoning Law to correct boundaries between two houses at 2 McDonald Road - Denied.
Steve Shanniak - Variance in Zoning Laws to allow the division of his land into two house lots not in conformity with law, 109 West Street - Denied.
Donald H. Robbins - Variance in Zoning Laws to allow gravel pit off Ballardvale Street, approximately 16 acres - Denied.
Kenneth & Jean Iverson (Switzer) - 92 Chestnut Street, for variance in Zoning Laws to allow for commercial greenhouse at their residence - Approved with conditions.
Albert D. Malone - For variance in side line requirements for lot of land on Grand Street - Approved 5' variance each side yard.
James F. Bimbo - Variance in Zoning Law to divide into two lots a lot of land at corner of Lloyd Road and Beeching Avenue - Approved.
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Apr. 28, 1960:
May 19, 1960:
Shell Oil Company - Variance in Zoning Law to allow for erection of roof sign, corner of Main Street & Lowell Street - Approved sign 9'6" above roof.
Joseph Bradley - Variance in Zoning Law to allow for addition of 5 ft. to front of his house, 23 North Street - Granted 8' variance.
May 26, 1960:
Sidney Zides - Variance in Zoning Law to allow for erection of garage closer to lot line than law allows, Randolph Road - Approved 7' from lot line.
Sylvia Stanley - Variance in Zoning Law to allow for division of lot of land 150 ft. wide into two house lots, 58 High Street - Denied.
Gabriele DePiano- Variance in Zoning Law to allow for erection of home on lot smaller than law allows, Cunningham Street - Approved variance of 6' on each side of lot.
Wigo & David Anderson - Removal of earth products from their property on Park Street . Denied.
June 2, 1960:
Charles W. & Barbara Morris - Variance on Zoning Law to allow for erection of house on lot of land not having required depth, between Carter Street and Walker Street - Approved with conditions.
Ernest Cail - Variance on Zoning Law to divide lot of land between Fairview Avenue and Lexington Street - Denied.
July 7, 1960:
Raymond C. Booth - To build a garage 5 ft. from side line, 15 ft. from rear line, 38 Lowell Street - Granted.
July 14, 1960: Louis Werner - Variance in Zoning Law to erect garage on his property 10 ft. from side lot line, 9 Marcus Road - Granted.
Robert Doucette - Variance in Zoning Law to build breezeway and garage on property 5 ft. from side lot line, 1 Ledgewood Road - Granted.
July 28, 1960:
Harold W. Foley - To erect sign as accessory use to licensed package store, 240 Main Street - Granted 5' x 20' non-flashing.
Aug. 4, 1960:
Meadow Construction Co. Inc. - Variance in Zoning Law to allow for construction of house on non-conforming lot on Hopkins Street - Approved.
Aug. 25, 1960:
Albert A. Salera - Variance to erect home on lot having proper area but non-conforming property lines, 20 Shawsheen Avenue - Approved on depth.
John F. Comeau - Variance to allow for erection of home on lot of land at North Street and Dadant Drive, not having required area or frontage - Granted 7' variance.
William R. Harrison - Variance to allow him to build 7' closer to lot line than law allow 136 Church Street - Granted variance of 7' on side yard.
Albert D. Malone & David I. Elfman - Correction of errors on four lots of land at Taplan Ave. , Phillips Ave. , and York Street - Granted.
Stella M. Blanchette - Variance to build home on lot of land at Broad and Clermont Streets which does not comply with Zoning Laws - Delayed.
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Sept. 1, 1960:
William D. Basler - Variance to erect home on Dobson Street on lot of land without required frontage - Allowed 5' set back variance.
Adam Kozlowski - Variance to erect home on Salem Street with less than required side yards - Denied.
George & Eleanor Stevens (Jenney Mfg. ) - Variance to set back requirements for pro- posed gas station on Main Street, opposite Bridge Lane - Set-back denied. Non-flashing sign 2' x 15' on roof allowed. 15' cupola allowed.
George Stevens - Variance to allow for erection of Trampoline Jump Center and sign on Main Street opposite Bridge Lane - Denied.
Mary E. Shea - Variance to allow for processing and distributing of cement products from land at 773 Salem Street - Decision pending.
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