USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1962-1963 > Part 10
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1. That Robert G. and Bernice A. Cowie will convey to the Town a parcel of land owned by them on Ballardvale Street described as follows:
A parcel of land with the buildings thereon bounded easterly by Ballardvale Street - 75 ft. , southerly by land of the Town of Wilmington - 150 ft. , westerly by land now or formerly of Signore - 75 ft. , and northerly by said last mentioned land - 150 ft. Being the same premises conveyed to Robert G. and Bernice A. Cowie by Samuel S. Thorpe and wife by deed recorded with Middlesex North District Registry of Deeds, Book 1317, Page 395.
2. That in consideration for such conveyance, the Town will pay in cash or partly in cash and partly in con- veyance to said Robert G. and Bernice A. Cowie a parcel of land on said Ballardvale Street owned by it and described as follows:
Beginning at an iron pipe inside the stone wall at the northwest corner of lot near land of Frank J. Melanson, thence running along Ballardvale Street S 15° - 35', E, 125. 00 feet; thence S 67º05' W, 181. 50 feet by land of the Town of Wilmington; thence N 15º 35' W, 125. 00 feet by land of Frank J. Melanson to the point of beginning, containing 22, 500 square feet. Other details of such agreement to be at the discretion of the Selectmen.
The object to such agreement being to provide further land for the location of the Intermediate School, construction of which was provided for at the Special Town Meeting held November 28, 1960. Any funds necessary for its performance to be supplied from the funds previously appropriated for said school, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee approved.
Motion by Mr. Brooks: "I move the article be passed by for consideration by a Special Town Meeting." Voted unanimously.
ARTICLE 33: To see if the Town will vote to raise a sum of money by taxation, by transfer from available funds, by borrowing or otherwise and appropriate the same for the purpose of completing the construction and equipping and furnishing the North Intermediate School, the Boutwell Street Elementary School and the Glen Road Elementary School, or do anything in relation thereto. Request of the Permanent Building
Committee. Finance Committee - no report.
Motion by Mr. Paul Niles to pass over the article until a Special Town Meeting. Voted unanimously.
ARTICLE 34: To see if the Town will vote to raise a sum of money by taxation, by transfer from available funds, by borrowing or otherwise and appropriate the same for expenditure by the Permanent Building Com - mittee for the purpose of undertaking engineering surveys and subsurface explorations of parcels of land to be considered for acquisition for additional school sites in accordance with the provisions of Article 43 of the Annual Town Meeting of 1958, or do anything in relation thereto. Request of the Permanent Building Committee. Finance Committee approved $8, 000. 00.
105
e
ARTICLE 34 (continued):
Motion by Mr. Paul H. Niles that the Town vote to raise and appropriate, by taxation, the sum of $8, 000. 00 for expenditure by the Permanent Building Committee for the purpose of undertaking engineering surveys and subsurface explorations of parcels of land to be considered for additional school sites in accordance with the provisions of Article 43 of the Annual Town Meeting of 1958.
At this point some one questioned whether or not a quorum was present. A standing count was taken - two hundred fifty-eight voters were present. The Moderator read the motion again. The vote was taken by voice and was unanimously in favor.
ARTICLE 35: To see if the Town will vote to amend the building laws of the Town by adding thereto a new division which shall read:
Division 20 - Gas Piping and Appliances Regulations:
"Section 1 - The Massachusetts Code for Installation of Gas Appliances and Gas Piping established under Chapter 737, Acts of 1960, is the gas piping code of the Town of Wilmington.
"Section 2 - There shall be in the building department, under the supervision and direction of the Building Inspector, one or more inspectors of gas piping and gas appliances in buildings (to be known as 'gas inspectors' and one alternate gas inspector. ) They shall be appointed annually by the appointing authority, after consultation with the Building Inspector, and each shall be qualified by training and actual experience in gas piping. The Plumbing Inspector may also serve as Gas Inspector or as alternate. None shall inspect or pass on his own work. The principal duty of gas inspectors is the enforcement of the Mass. Code; and any other regulations established by the Board established under Chapter 25, Section 12H G. L.
"Section 3 - Gas installers shall register before doing any gas piping or installing any gas appliances in Wilmington. Registration in any town or city within 15 miles will be accepted as meeting this requirement.
"Section 4 - Permits are required for all piping or connecting of any gas appliances and must be applied for before commencing work. Applications 'dropped' at the Inspector's office during non-working hours will meet this requirement. Permits will be issued only to registered gas installers. Permits will be issued by the Building Inspector.
Memorial Library
"Section 5 - Fees will be set by the Building Inspector and the senior Gas Inspector, and after approval by the appointing authority, filing with the Town Clerk, and publishing, shall become effective. Fee includes only the first inspection; each inspection after the first shall be charged at not less than two dollars ($2. 00). Seventy per cent of the fee shall be paid to the Gas Inspector inspecting same. It is the declared intent that the fees shall be set so that the Inspector will realize at least the journeyman rate for his time plus mileage at the going rate.
"Section 6 - Penalties - penalties as provided by Chapter 143 G. L., Section 3N, are hereby adopted. "
and further to see if the Town will raise and appropriate a sum not to exceed $750. 00 for the above purpose; or take any other action to carry out the provisions of Chapter 143, Section 30 G. L. Request of the Building Inspector. Finance Committee approved - not to exceed $750.00.
Mr. Minot J. Anderson moved the adoption of the above article and further moved that the sum of $750. 00 be raised and appropriated for this purpose, in addition anything in our present laws involving gas installa- tions be stricken out and substitute the motion as read. Voted unanimously.
ARTICLE 36: To see if the Town will vote to amend the Zoning By-law and Map by changing from Single Residence A. District and Neighborhood Business District to General Business District thereby extending the existing General Business District the following described parcel of land: Beginning at a stone Mass. highway bound at the northwest corner of 1957 taking of Route 93 and Lowell Streets; thence northerly 520. 06' on an arc along the western boundary of Route 93 to stake; thence South 820 48' 44" West;
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ARTICLE 36 (continued):
581. 59' to a stake at end of a stone wall; thence South 55º 45' 00" West; 289. 15' along a stone wall to a drill hole at intersection of stone walls; thence Southerly: 165. 83' along a stone wall to stone bound at Lowell Street; thence Easterly: along the northerly line of Lowell Street as laid out in 1908 and 1957 to a point of beginning; or do anything in relation thereto. On petition of Minot J. Anderson and others. Finance
Committee approved Planning Board Recommendations.
Mr. John R. Evans read a report from the Planning Board relative to Article #36. The Planning Board voted unanimously to approve this article. Mr. Minot J. Anderson moved the adoption of the above article. A lengthy discussion followed. A motion to close arguments was voted unanimously. A standing vote on the main motion was taken. Yes ..... 72 No. . . .. 94 Motion LOST
At this point a motion was made to reconsider Article #13. The vote was taken by voice and was LOST and so declared by the Moderator.
ARTICLE 37: To see if the Town will direct the Selectmen to prepare a division of the Town into con- venient voting precincts in accordance with the General Laws (Tercentenary Edition) under the provisions of Chapter 54, Section 6, as amended, or do anything in relation thereto. On petition of Edward J. Sullivan and others. Finance Committee disapproved.
Mr. Edward J. Sullivan moved the adoption of the above article. Discussion followed during which time the presence of quorum was doubted. A standing count was taken. There were 190 voters present. Further discussion followed. A motion to close arguments was lost by a voice vote. Doubted. A standing vote was taken. Yes ..... 150 No. . ... 3
The vote was taken on the main motion and LOST by a voice vote and so declared by the Moderator. Seven people stood to show doubt of the vote. A standing vote was taken. Yes ..... 23 No. . . . . 120 LOST
Motion to adjourn. .... voted. Adjourned at 7. 10 p. m.
Total number of voters checked on the voting list. .... 443.
TOTAL VOTED AS FOLLOWS:
By Taxation By Transfer By Borrowing 130,750.00
$2, 481,867. 87 197,613. 58
Grand Total $2,810,231. 45
Estimated Tax Rate 68. 64
A true copy: Attest:
(Mrs. ) Esther L. Russell Town Clerk
107
SPECIAL TOWN MEETING - APRIL 30, 1962 WITH ACTION TAKEN THEREON
TO: Either of the Constables of the Town of Wilmington:
GREETINGS: In the name of the Commonwealth of Massachusetts and in the manner prescribed in the By- laws of said Town, you are hereby directed to notify and warn the inhabitants of the Town qualified to vote in Town affairs to meet and assemble at the Herbert C. Barrows Auditorium on Monday, the Thirtieth Day of April at 8. 00 p. m. to consider and act on the following Articles -
At this point in the reading of the Warrant, Mr. Charles H. Black moved to dispense with further reading of said Warrant. Voted unanimously.
The Moderator declared that he would call each article by number if there were no objections to this pro- cedure. Unanimously agreed.
ARTICLE 1: To see if the Town will vote to raise a sum of money by taxation, by transfer from available funds, by borrowing or otherwise and appropriate the same for the purpose of completing the construction and equipping and furnishing of the North Intermediate School, the Boutwell Street Elementary School, and the Glen Road Elementary School, or do anything in relation thereto. Request of the Permanent Building Committee.
Finance Committee recommends total of $79, 491. 00 as follows: -
Glen Road School 4,261. 00 Boutwell Street School 29,230.00 North Intermediate School 46,000.00
Memorial Library
Motion by Mr. Erwin Hanke, Chairman of the Permanent Building Committee: "I move that the Town appro- priate the sum of $4, 261. 00 for the Glen Road Elementary School, $29, 230. 00 for the Boutwell Street Elementary School, and $46, 000. 00 for the North Intermediate School, said sums to be used at each location for completing the construction and original equipping and furnishing of said schools, that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to issue $79, 491. 00 bonds or notes of the Town payable in not more than 20 years from their dates under Chapter 645 of the Acts of 1948 as amended and that the Permanent Building Committee is authorized to enter into contracts and do all things that are necessary for carrying out the work authorized by this vote. "
Motion to amend offered by Mr. A. W. Lynch: "I move to amend by striking out the total sum of $79, 491. 00 and inserting in place thereof the sum of $124, 598. 00." Vote taken by a standing vote. Yes. .... 187 No. . . . . 278 Motion to amend LOST.
Second motion to amend offered by Mr. Roland Wood: "I move that the total sum to be appropriated $102, 091. 00; to strike out the amount of $79, 491. 00 and substitute $102, 091. 00. " Vote taken by voice and declared LOST by the Moderator. Seven voters stood to challenge the vote. Vote taken by standing - Yes. . ... 169 No. . . .. 272 Motion to amend LOST.
After a long discussion on recreational needs the previous question was called for. The Moderator read the main motion again. Vote was taken by voice and was declared unanimous by the Moderator.
ARTICLE 2: To see if the Town will vote to authorize the Selectmen to enter into and fully perform on behalf of the Town an agreement with Robert G. and Bernice A. Cowie providing as follows:
1. That Robert G. and Bernice A. Cowie will convey to the Town a parcel of land owned by them on Ballardvale Street described as follows: A parcel of land with the buildings thereon bounded easterly by Ballardvale Street - - 75 ft. southerly by land of the Town of Wilmington -- 150 ft. westerly by land now or
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ARTICLE 2 (continued):
formerly of Signore -- 75 ft. , and northerly by said last mentioned land - - 150 ft. Being the same premises conveyed to Robert G. and Bernice A. Cowie by Samuel S. Thorpe and wife by deed recorded with Middlesex North District Registry of Deeds, Book 1317, Page 395.
2. That in consideration for such conveyance, the Town will pay in cash or partly in cash and partly in con- veyance to said Robert G. and Bernice A. Cowie a parcel of land on said Ballardvale Street owned by it and described as follows:
Beginning at an iron pipe inside the stone wall at the northwest corner of lot near land of Frank J. Melanson, thence running along Ballardvale Street S 15° 35'E, 125. 00 feet; thence S 67º - 05' W, 181. 50 feet by land of the Town of Wilmington; thence N 15º - 35' W, 125. 00 feet by land of the Town of Wilmington; thence N 67º - 05' E, 181. 50 feet by land of Frank J. Melanson to the point of beginning. Other details of such agreement to be at the discretion of the Selectmen.
The object of such agreement being to provide further land for the location of the Intermediate School, construction of which was provided for at the Special Town Meeting held November 28, 1960. Any funds necessary for its performance to be supplied from the funds previously appropriated for said school, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee recommends approval.
Motion by Mr. Nicholas L. DeFelice: "I move that the Town vote to authorize the Selectmen to enter into and fully perform on behalf of the Town an agreement with Robert G. and Bernice A. Cowie providing as follows:
1. That Robert G. and Bernice A. Cowie will convey to the Town a parcel of land owned by them on Ballard- vale Street described as follows: A parcel of land with the buildings thereon bounded easterly by Ballard- vale Street - 75 ft., southerly by land of the Town of Wilmington - 150 ft. , westerly by land now or formerly of Signore - 75 ft. , and northerly by said last mentioned land - 150 ft. Being the same premises conveyed to Robert G. and Bernice A. Cowie by Samuel S. Thorpe and wife by deed recorded with Middlesex North District Registry of Deeds, Book 1317, Page 395.
2. That in consideration for such conveyance, the Town will pay $14, 500. 00 in cash, and convey to said Robert G. and Bernice A Cowie a parcel of land on said Ballardvale Street owned by it and described as follows: Beginning at an iron pipe inside the stone wall at the northwest corner of lot near land of Frank J. Melanson, thence running along Ballardvale Street S 150 -35' E, 125. 00 feet; thence S 670 - 05' W, 181. 50 feet by land of the Town of Wilmington; thence N 1500 -35' W, 125. 00 feet by land of the Town of Wilmington; thence N 670 - 05' E 181. 50 feet by land of Frank J. Melanson to the point of beginning.
Other details of such agreement to be at the discretion of the Board of Selectmen and any funds necessary for its performance to be supplied from the funds previously appropriated for the North Intermediate School."
Motion adopted unanimously.
ARTICLE 3: To see how much money the Town will vote to appropriate to purchase the land and buildings on Middlesex Avenue formerly occupied by St. Thomas Church and to determine how such appropriation shall be raised, whether by taxation, transfer from available funds, by borrowing or otherwise, or do any- thing in relation thereto. Request of the Board of Selectmen and Library Trustees. Finance Committee recommends $15, 000. 00 for purchase of land and buildings thereon.
Motion by Mr. John Brooks: "I move that the Selectmen, a representative of the Library Trustees and the Town Manager be and they hereby are authorized to purchase for the use of the Town Library and other municipal purposes the land and buildings on Middlesex Avenue formerly occupied by St. Thomas Church, for the price of fifteen thousand dollars ($15, 000. 00) which sum is hereby appropriated for said purpose, and to meet said appropriation, the sum of nine thousand one hundred thirty-seven dollars and seventy-three cents ($9, 137. 73) is hereby transferred from the sale of real estate account, three thousand dollars ($3, 000)
109
ARTICLE 3 (continued):
is hereby transferred from the dog pound construction and equipment account, and the balance of two thou- sand, eight hundred sixty-two dollars and twenty- seven cents ($2, 862. 27) shall be raised by taxation.
Mr. Brooks asked Mr. Philip Buzzell, Town Counsel and Library Trustee, for his opinion on the motion. Mr. Buzzell stated that he strongly endorses this motion. He felt that this was a sound and wise investment for whatever municipal use we can put it to but hopes it will be voted for an interim use as a library.
Other Library Trustees spoke on the motion, some were in favor of this proposal and others were against it. After a lengthy discussion, the previous question was called for. A two-thirds vote was needed. Vote taken by standing - Yes ..... 355 No. . . . . 35 Discussion closed.
The Moderator stated the main motion. Vote taken by standing Yes. . . 356 No. .... 98 Motion ADOPTED.
ARTICLE 4: To see how much money the Town will vote to appropriate for repairs, alterations, or additions to the property on Middlesex Avenue formerly occupied by St. Thomas Church if the same is acquired by the Town, and to determine how such appropriation shall be raised, whether by taxation, trans- fer from available funds, by borrowing, or otherwise, or do anything in relation thereto. Request of the Board of Selectmen and Library Trustees. Finance Committee recommends $15, 000 for alterations and repairs to property.
Motion by Mr. John Brooks: "I move that the sum of fifteen thousand dollars ($15, 000. 00) be raised by taxa- tion and appropriated for repairs, alterations or additions to be made to the property on Middlesex Avenue formerly occupied by St. Thomas Church following acquisition of the same by the town, in order to fit it for use by the Town Library. " Mr. Brooks stated that they were legally advised that this money will have to be raised by taxation, and that it would represent approximately seventy cents on the tax rate.
The Finance Committee was asked by the Moderator how they recommended that this money be raised. Mr. R. Michelson answered by a bond issue (3-5 years) as presented in the request.
Att Muchorial Library
Motion to amend offered by Mr. Larz Neilson: "I move to amend the motion to read: That a committee of three persons be appointed, to be called the Library Facilities Committee, to study the use of land and buildings on Middlesex Avenue formerly occupied by St. Thomas Church, and other such matters as may properly come to its attention, and to report to a subsequent Town Meeting, not later than the Annual Town Meeting of 1963; that this committee be appointed, one from each of three committees, viz, the Library Board of Trustees, the Planning Board, and the Permanent Building Committee, said appointments by the three committees as they deem best; that the sum of $500. 00 be raised and appropriated from taxes, for the expenses of this committee." Vote to amend taken by voice and LOST and so declared by the Moderator.
Discussion followed on the main motion. The Moderator, Mr. Simon Cutter, asked the Finance Committee if they approved the motion as read. Mr. Robert Michelson said that the Finance Committee now approves that this money be raised by taxation. The previous question was called for and was voted by voice. Vote was Unanimous to close debate. The Moderator read the main motion again and called for a voice vote. The vote was Unanimous and the motion was ADOPTED.
ARTICLE 5: To see what sum the Town will vote to appropriate for the purpose of acquiring, either by gift, purchase, taking by eminent domain, or otherwise, and either in fee or as an easement, a location for, and of laying in such location a water main of not more than twelve inches in diameter, across privately owned lands from Chestnut Street to Main Street, and determine how the appropriation shall be raised, whether by taxation, transfer from available funds, by borrowing, or otherwise, or do anything in relation thereto. Request of the Board of Water Commissioners. Finance Committee recommends $32, 000. 00 - 15 year bond issue.
Motion by Mr. Waldo Stevens: "I move that the Board of Water Commissioners be and they are hereby authorized to acquire either by gift, purchase, taking by eminent domain, or otherwise, and either in fee or
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ARTICLE 5 (continued):
as an easement, a location for and of laying in such location a water main of twelve inches in diameter, across privately owned lands from Chestnut Street to Main Street, and to appropriate the sum of thirty-two thousand dollars ($32, 000. 00), and to meet such appropriation that the Treasurer with the approval of the Board of Selectmen be and is hereby authorized to borrow a sum or sums, not to exceed in the aggregate said amount, and to issue the bonds or notes of the Town therefor payable in not more than fifteen years. " During the discussion that followed a "point of order" was called five times because the debaters talked about Water Betterments on Butters Row, and this street was not mentioned in either the article or the motion.
The previous question was called, and the vote was unanimous to close debate. The Moderator read the main motion again and called for a standing vote. Yes ..... 278 No. . . . . 14 Motion was adopted and so declared by the Moderator.
ARTICLE 6: To see if the Town will vote to raise and appropriate the sum of Three Thousand One Hundred Dollars ($3, 100. 00) for the purchase of a radio-equipped automobile for the Police Department or take any action in relation thereto. Request of the Chief of Police. Finance Committee recommends $3,100. 00.
Motion by Mr. Charles Black: 'I move that the Town vote to raise by taxation and appropriate the sum of Three Thousand One Hundred Dollars ($3, 100. 00) for the purchase of a radio-equipped automobile for the Police Department. " A voter asked why this car was necessary. The Town Manager answered that it was to be used for investigation work and other related purposes. This car will be used 100% for police work.
Motion was put to a vote by voice and was so voted unanimously. Motion adopted.
ARTICLE 7: To see if the Town will vote to accept Chapter 48, Sections 36-36A of the General Laws or take any action in relation thereto. Request of the Chief of the Fire Department. Finance Committee disapproves.
Motion by Mr. Cecil Lancaster, Town Manager. I move to pass over the article. Voted unanimously.
ARTICLE 8: To see if the Town will vote to transfer the sum of $4, 036. 61 from the High School Athletic Field Account to the High School Construction Account or take any action in relation thereto. Request of the Town Accountant. Finance Committee recommends the transfer of that dollar amount necessary to close out the High School Construction Account as of April 19, 1962.
Motion by Mr. Donald Kidder: "I move that the Town vote to transfer the sum of Three Thousand and Forty- four dollars and seven cents ($3, 044. 07) from the High School Athletic Field Account to the High School Construction Account." Mr. Fred T. Corum offered an amendment but the Moderator declared it illegal after some discussion with the Finance Committee and the Town Counsel. Main motion voted by voice un- animously. Motion adopted.
ARTICLE 9: To see if the Town will vote to amend the Zoning By-law and Map by changing from Neigh- borhood Business District to Single Residence B District, the following described parcel of land: A certain parcel of land shown as Lot 123 on a plan known as "Wilmington Estates, North Wilmington, owned and developed by John D. Cooke, dated July, 1938, " Davis & Abbott, Civil Engineers, recorded with the Middle - sex North District Registry of Deeds, Book of Plans 61, Plan 76, and bounded and described as follows: Northerly by Middlesex Avenue, one hundred eighteen (118) feet; Easterly by Lot 122 as shown on said plan; one hundred fifty-five and 67/100 (155. 67) feet; Southerly by Lot 121 as shown on said plan, one hundred sixty-three (163) feet, more or less; and Westerly by Lubbers Brook, as shown on plan, or do anything in relation thereto. Request of Richard V. Barry and others. Finance Committee - no action.
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