USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1960-1961 > Part 8
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Article 26. To see if the Town will vote to establish a council for the aging consisting of the Chairman of he Board of Public Welfare, the head of the Playground or Recreation Commission (if any, otherwise the Chairman of the Board of Park Commissioners), the Chairman of the Board of Health, the Superintendent of chools, or their respective representatives, and not less than three nor more than seven additional members ppointed by the Town Manager from the voters and residents of the Town. The Chairman of the Council hall be designated from time to time by the Town Manager. Appointees shall hold office until successors re designated. The Council may appoint such clerks and other employees as it may require. It shall be he duty of the council to co-ordinate or carry out programs designed to meet problems of the aging in co- rdination with programs of the Council for the Aging established under section 73, of Chapter 6 of the Massachusetts General Laws, or do anything in relation thereto. Request of the Board of Selectmen. On a motion by Mrs. Drew it was voted to pass the article.
rticle 27. To see if the Town will vote to accept Chapter 297 of the Acts of 1958 authorizing the Town of ilmington to construct and operate a system of sewers or do anything in relation thereto. Request of the oard of Selectmen. Finance Committee approved. On a motion by Mrs. Drew it was voted to accept hapter 297 of the Acts of 1958 authorizing the Town of Wilmington to construct and operate a system of ewers.
rticle 28. To see if the Town will vote to ratify and confirm the action taken by the Town under Article 2 the warrant for the Special Town Meeting held October 29, 1956, whereby the Town voted to determine at there is a need for a redevelopment authority in the Town as authorized by G. L. (Ter. Ed. ) Chapter 121 :ction 26 QQ, or do anything in relation thereto. Request of the Board of Selectmen and Town Manager. inance Committee recommends ratification of Special Town Meeting Action held 10/29/56. On a motion by r. Charles Black it was voted to pass the article.
:ticle 29. To see if the Town will vote to ratify and confirm the action taken by the Town under Article # 3 ( the warrant for the Special Town Meeting held October 29, 1956, whereby the Town voted to determine lat there exists in the Town the need for an Urban Renewal Program, or Programs, as authorized by G. L. (er. Ed. ) Chapter 121, Section 26 XX, or do anything in relation thereto. Request of the Board of Selectmen d Town Manager. Finance Committee recommends ratification of Special Town Meeting action held 1/29/56.
otion by Mr. Donald C. Kidder, Selectman. I move that the Town vote NOT to ratify and confirm the tion taken by the Town under Article #3 of the warrant for the Special Town Meeting held October 29, 1956, hereby the Town voted to determine that there exists in the town the need for an Urban Renewal Program, Programs, as authorized by G. L. (Ter. Ed. ) Chapter 121, Section 26 XX.
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Article 29 (continued) :
Action on motion as follows:
Mr. Elfman moved to amend by inserting the word 'recind' in place of 'ratify'. This motion was withdrawn. Mr. Smith moved to lay the motion on the table. Standing vote taken. Yes - 90 No 187. This motion was
lost. The 'Previous Question' was called for and then withdrawn. Mr. Courtney moved to postpone in- definitely. Motion withdrawn. Mr. Coolidge moved to refer to a committee to be appointed by the Town Manager and Moderator and report at a later meeting. LOST. The vote on the Main motion as read by Mr. Kidder was as follows: STANDING VOTE. YES 144 NO 111. Motion carried, not to ratify.
Recessed here - 5. 30 p. m. Reconvened at 7. 30 p. m. on Mr. Black's motion.
Article 30. To see if the Town will vote to ratify and confirm the action taken by the Town under Article # of the warrant for the Special Town Meeting held October 29, 1956, whereby the Town voted to appropriate a sum of money for the purpose of acquiring as a site for a school building a parcel of land containing approxi mately 12. 2 acres of land on the corner of Salem Street and Ballardvale Street, or do anything in relation thereto. Request of the Board of Selectmen and Town Manager. Finance Committee recommends ratifica tion of Special Town Meeting action held 10/29/56. On a motion by Mr. DeFelice the above article was voted unanimously.
Article 31. To see if the Town will vote to ratify and confirm the action taken by the Town under Article # of the warrant for the Special Town Meeting held October 29, 1956, whereby the Town voted to appropriate a sum of money for the purchase of a dump truck equipped with a snow plow and spreader body, or do anything in relation thereto. Request of Selectmen and Town Manager. Finance Committee recommends ratification of Special Town Meeting action held 10/29/56. On a motion by Mrs. Drew the above article was voted un- animously.
Article 32. To see if the Town will vote to amend Section 4 of Article 4 of the Town By-laws by striking ou the same and substituting in place thereof the following: SECTION 4. The Committee shall seven days pric to any town meeting at which Articles contained in the Warrant are to be acted upon, prepare, publish and distribute by leaving copies thereof in the office of the Town Clerk, their report and recommendations on such Articles. For each annual town meeting for the transaction of business, such reports and recommenda tions shall show in detail the anticipated income and expenditures of the Town for the then current year and copies thereof shall at least seven days prior to such meeting be mailed to the registered voters of the Town or made available to such registered voters as may desire to obtain the same in such other manner as the committee may in its discretion determine, or do anything in relation thereto. Request of the Town Manage Finance Committee approved. On a motion by Mr. Charles H. Black the above article was so voted. YES 150 NO 32.
Article 33. To see if the Town will vote to authorize the Board of Selectmen and Town Manager to appoint a Historical Committee, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee approved. On a motion by Mr. Hagerty the above article was voted unanimously.
Article 34. To see if the Town will vote to accept as a public way the layout of Pineridge Road 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 authorize the Board of Selectmen to take by the right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of this article, 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 easements and other easements there for, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee approved $13,000. 00. On a motion by Mr. Kidder it was voted to appropriate the sum of $13, 000. 00 as follows: That the Town Treasurer with the approval of the Selectmen is authorized to borrow the sum of $13, 000. 00 and to issue bonds or notes of the Town therefor payable within five years as stated in the above article, for which this money is raised.
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Article 35. To see if the Town will vote to accept and construct Carolyn Road as a public town way 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 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 $15, 000. 00. On a motion by Mr. DeFelice it was voted to raise by transfer from available funds the sum of $15, 000. 00 and appropriate same for the above purpose.
Article 36. To see if the Town will vote to accept and construct the relocation of a portion of Boutwell Street as a public town way as laid out by the Board of Selecimen 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 and other easements as may be necessary to effect the pur - pose 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 $25, 000. 00. On a motion by Mrs. Drew it was voted to raise by transfer from available funds the sum of $25, 000. 00 and appropriate the same for the above purpose.
Article 37. To see if the Town will vote to accept and construct the relocation of a portion of Middlesex Avenue as a public town way as laid out by the Board of Select nen and approved by the Planning Board accord- ing 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 and other easements as may be necessary to effect the pur - pose 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 $10,000. 00. On a motion by Mr. Black it was voted to pass the article.
Article 38. To see if the Town will vote to accept and construct the relocation of a portion of Glen Road as a public town way 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 and 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 appro- priation 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 disapproved. On a motion by Mr. DeFelice it was voted to pass over the article.
Article 39. To see if the Town will vote to accept Dorothy Avenue as a public town way 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, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee approved. On a motion by Mr. Donald C. Kidder it was voted to adopt the article as above.
Article 40. To see if the Town will vote to authorize the Selectmen and the Town Manager to execute and deliver on behalf of the Town a deed of release running to John and Rose McSheffrey of said Wilmington to all rights in a certain portion of land lying on the northerly side of Boutwell Street in said Wilmington which was taken by the Board of Selectmen by eminent domain through inadvertence in excess of the area actually in- tended to be taken; the area to be released being that set forth in the following description: "Beginning at a drill hole in a stone wall in the northerly corner of land belonging to John W. & Eva M. Parsons; thence N 44º 57' 30" W 166. 66 feet to an iron pipe; thence N 39° 04' 10" E by land of Nicholas and Marion L. Solas 5. 03 feet; thence S 44º 57' 30" E by land of the Town of Wilmington 166. 66 feet to a stone wall; thence S 39º 04' 10" W 5. 03 feet along said stone wall to the point of beginning. Containing 833. 30 square feet, or do any - thing in relation thereto. Request of the Permanent Building Committee. Finance Committee approved. On a motion by Mr. Hagerty it was voted to adopt the article as above.
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Article 41. 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 REGULATIONS GOVERNING THE OPERATION OF MOTOR-DRIVEN BOATS IN THE TOWN OF WILMINGTO 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 opera- tor 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 Wil- mington 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 bathers or damage property.
SECTION 4. The operation of a motor-driven boat on any lake, pond or river in the Town of Wilmington under 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 wher 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 dwellings exist, ten miles pej hour.
(d) In any location during the hours from one-half hour after sunset to one-half hour before sunrise, seven miles per hour.
MOTION TO AMEND - Voted to strike out Paragraph (d) of Section 4.
MOTION TO AMEND - Voted that Section 5 be amended to read as follows:
SECTION 5. That during the period commencing one -half hour after sunset and ending at 8.00 a. m. the following day, no motor-driven boat be operated on any lake, pond, or river, in the Town of Wilmington, except for life saving purposes.
SECTION 6. No person shall operate a motor -driven boat on any lake, pond or river in the Town of Wil- mington 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 Wil- mington 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 ($20. 00) Dollars. Request of the Board of Selectmen. Finance Committee - no action. Motion as amended was moved by Mr. DeFelice. Voted to adopt the above article as amended, unanimously.
Article 42. To see if the Town will vote to amend the Zoning By-law by striking out Paragraph 13 of Section III-3 A thereof and substituting therefor the following: "13. Commercial parking lot or parking garage, filling or service station, salesroom for new automobiles, open lot for parking or sale of new or used automobiles when operated in connection with, and on the same site as, such a salesroom, salesroom for boats, trailers, trucks, farm implements or farm machinery. " or do anything in relation thereto. Request of the Planning Board. Finance Committee approve recommendation of the Planning Board. On a motion by Mr. Beers the above article was voted unanimously.
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Article 43. To see if the Town will vote to amend the Zoning By-law by adding a new paragraph to be numbered 3a following Paragraph 3 of Section III-3-b thereof reading as follows: "3a. Open lot for parking or sale of used automobiles not operated in connection with a salesroom for new automobiles. " or do any- thing in relation thereto. Request of the Planning Board. Finance Committee approve recommendation of the Planning Board. On a motion by Mr. Beers the above article was voted unanimously.
Mr. Rene LaRivee moved to reconsider Article #15. LOST.
Article 44. To see if the Town will vote to amend the Zoning By-law and Map by changing from Industrial to General Business District the following described parcel of land: "Beginning at the center line inter sections of Main Street and Bridge Lane thence 900 feet N 78° 15' 22" E; thence 550 feet S 60° 44' 38" E; thence 1, 394. 83 feet, S 29º 15' 22" W; thence 250 feet, S 11º 44' 38" E; thence 400 feet, S 78º 15' 22 ' N to the center line of Main Street; thence 1, 653. 52 feet along center line of Main Street N 11º 44' 38" W to the point of beginning or do anything in relation thereto. Request of the Planning Board. Finance Committee approved the recommendation of the Planning Board. On a motion by Mr. Beers the above article was adopted un- animously.
Article 45. To see if the Town will vote to amend the Zoning By-law and Map by changing from Single Resident A to Industrial the following parcel of land, being a part of a sub-division known as Ox Pasture, off Woburn Street in the southerly part of Wilmington: Beginning at a point in the center line of Woburn Street, 240 feet from the extension of the southerly side of Morse Avenue; thence southerly 210 feet along Woburn Street; thence easterly 1300 feet along the existing zoning boundary; thence northerly 230 feet in a direction parallel with Woburn Street; thence westerly 1301 feet to the point of beginning, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee approved the recommendation of the Planning Board. Mr. DeFelice moved the adoption of the above article. Motion was unanimously opposed.
Article 46. To see if the Town will vote to amend the Zoning By-law by inserting a new sub- section numbered, entitled and reading as follows, or do anything in relation thereto; Section III-3 USES IN GENERAL BUSINESS DISTRICTS. A. In a general business district the following uses are hereby permitted:
21. A direct consumer, and/or commercial service type dry-cleaning plant establishment. Request of Mary S. Pizzuti and others. Finance Committee approved the recommendation of the Planning Board. Mr. Roland I. Wood moved the adoption of the above article amended by Mr. Walker by adding after the word, non-flamable, "and non-toxic" Amendment so voted. Vote on main motion as amended Yes 203 No 4. Motion carried as amended.
Article 47. To see if the Town will vote to amend the Zoning By-laws and Zoning Map by changing from Single Resident A District to Neighborhood Business District, the following described parcel of land: A certain parcel of land in the easterly part of Wilmington, starting at the corner of Lowell Street and West Street; thence northerly along West Street to a point, two hundred twenty-five (225) feet south of Westdale Avenue; thence westerly five hundred eighty (580) feet parallel with Westdale Avenue; thence southerly by land now or formerly of Ruth and Howard Edwards to Lowell Street; thence southeasterly by Lowell Street to the point of beginning, or do anything else in relation thereto. Request of John J. Elia and others. Finance Committee approve recommendation of the Planning Board. On a motion by Mr. Beers it was voted to pass over the article.
Article 48. To see if the Town will vote to amend the Zoning By-law and Map by changing from SINGLE RESIDENCE A DISTRICT TO NEIGHBORHOOD BUSINESS DISTRICT the following described parcel of land: "The land in the Southern part of Wilmington and bounded, Northerly by Lot B on a plan hereinafter mentioned one hundred seventy-one and 40/100 feet; Easterly by Lot 19 seventy-five feet; Southerly by Burlington Avenue one hundred thirty-two feet; Westerly by Forest Street eighty - seven and 04/100 feet; said parcel being shown as Lot A on a plan recorded in the Middlesex North District Registry Deeds Book of Plans 63 Plan 87A, or do anything in relation thereto. Request of Theresa Bedell and others. Finance Committee approve recommen- dation of the Planning Board. On a motion by Mr. Bedell the above article was adopted unanimously.
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Article 49. To see if the Town will vote to amend Section 4 of Chapter 2 of the Town By-laws by striking c the same and substituting in place thereof the following: "Section 4. Notice of every town meeting shall be given by posting printed copies of the warrant for such meeting in five or more public places in the town, n less than seven days before the time named in the warrant for holding said meeting. ", or do anything in relation thereto. Request of the Town Manager. Finance Committee approved. On a motion by Mrs. Dre the above article was adopted unanimously.
Article 50. To see if the Town will vote to amend Section 11 of Chapter 2 of the Town By-laws by striking out the same and substituting in place thereof the following: "Section 11. Before any action is taken on any motion carrying an expenditure or appropriation of money the Moderator shall call upon the Finance Com- mittee for its report and recommendation thereon, or do anything in relation thereto." Request of the Tow Manager. Finance Committee approved. On a motion by Mr. Hagerty the above article was adopted unaı mously.
Article 51. To see if the Town will vote to amend Chapter 2 of the Town By-laws by adding at the end there the following new section: "Section 22. Failure to comply with any requirements contained in Section 5, Section 6, Section 7, Section 8, Section 10, Section 11 or Section 21 of this Chapter shall not invalidate any vote or action of the Town; or do anything in relation thereto. " Request of the Town Manager. Finance Committee approved.
Mr. Kidder moved the adoption of the above article. Action as follows: Each section taken up separately: Section 5 - Voted. Section 6 - Voted. Section 7 - Voted. Section 8 - Standing vote, Yes 106 No 42 Voted. Section 10 - Voted. Section 11 - Standing vote - Yes 106 No 34, Voted. Section 21 - Voted.
Motion in its entirety was voted by voice - LOST. Seven people rose to doubt the vote. Standing vote take: Yes - 107, No - 91. Main motion carried.
Article 52. To see if the Town will vote to amend Chapter 4 of the Town By-laws by adding at the end ther of the following new section: "Section 5, Failure to comply with any requirement contained in either Section or Section 4 of this chapter shall not invalidate any vote or action of the Town; or do anything in relation thereto." Request of the Town Manager. Finance Committee approved. On a motion by Mr. DeFelice the above article was adopted unanimously.
Article 53. To see if the Town will vote to raise and appropriate a certain sum of money to be used for the establishment of a Public Health Laboratory, or do anything in relation thereto. Request of the Board of Health. Finance Committee approved $1, 900. 00. On a motion by Mr. Walker it was voted to raise by transfer from available funds the sum of $1, 900. 00 and appropriate the same to be used for the establishme of a Public Health Laboratory.
Article 54. To see if the Town will vote to authorize the Junior-Senior High School Building Committee wit the approval of the School Committee to have prepared and made up a suitable bronze bust or bas-relief of Dudley A. Buck, former School Committee Chairman as a memorial to be placed in the Junior-Senior High School. The cost to come from available funds of the unexpended balance of a bond issue previously author zed by vote of the Town for constructing, equipping and furnishing the addition to the Junior -Senior High Sc ol Building Committee and the School Committee. Finance Committee approved. On a motion by Mr. Colli the above article was adopted unanimously, and the amount to be expended up to the sum of $500. 00-
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