USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1962-1963 > Part 16
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Town of Wilmington v. A Certain Defendant, Fourth District Court of Eastern Middlesex. (Action of contract under G. L. Chap. 117, Sec. 5)
Jacob Levine & Sons v. Town of Wilmington, Fourth District Court of Eastern Middlesex. (Action of contract to recover burial expense. )
Town of Wilmington v. Edward N. Gadsby et als, Commissioners of Department of Public Utilities and Boston and Maine Railroad Company, Supreme Judicial Court, Suffolk County. (Petition to review certain rulings and orders of the Department of Public Utilities in connection with protection at the Middlesex Avenue Grade Crossing of the Boston and Maine Railroad. )
Town of Wilmington v. Julia Godzyk, Administratrix of the Estate of Andrew Klebasz, Fourth District 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. Removed to Fourth District Court of Eastern Middlesex. (Petition to enforce obligation to support.)
Town of Wilmington v. Irving L. White, Middlesex Probate Court. (Petition to enforce obligation to support. )
Wilmington Board of Health v. Nagel Stone, Middlesex Superior Court. (Bill in equity to enjoin occupancy of substandard dwelling.)
New England Gas Products Inc. v. Board of Appeal, Middlesex Superior Court. (Three separate appeals from refusal of building permit. )
Town of Wilmington v. Commonwealth of Massachusetts, Middlesex Superior Court. (Petition for assessment of damages for 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. )
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Town of Wilmington v. William Baldwin et als, 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 for land taking. )
John J. and Mary T. Hayes v. County of Middlesex, Middlesex Superior Court. (Petition for assessment of damages for land taking. )
Town of Wilmington v. Allick Epstein, Fourth District Court of Eastern Middlesex. (Proceeding to enforce obligation to support. )
Town of Wilmington v. Citizens Trust Co., Middlesex Superior Court. (Action to recover deposit securing bid for kitchen equipment at new North School. )
Minot Anderson et al v. Louis E. Gage et als, Board of Appeals, Middlesex Superior Court. (Appeal from decision of the Board of Appeals denying application for variance. )
Court.
Bessie Cohen, db/a William Grain Co. v. Board of Appeals, Middlesex Superior (Appeal from denial by Board of Appeal of application for variance.)
Town of Wilmington v. Arthur Hatton, Fourth District Court of Eastern Middlesex. (Action to recover damages to fire truck.) Up to date defendant has not been served owing to the fact that his whereabouts are unknown.
Town of Wilmington v. Fidelity & Deposit Co. of Maryland and Anthony Signore, Suffolk Superior Court. (Action to recover on bond for completion of streets in sub-
division. )
Arthur R. Smith et al v. County of Middlesex, Middlesex Superior Court. (Peti- tion for damages for land taking. Town admitted as a party defendant on motion.)
John J. Pyne et al v. County of Middlesex, Middlesex Superior Court. (Petition for damages for land taking. Town admitted as a party defendant on motion. )
John J. Nitchie et al v. Town of Wilmington, Middlesex Superior Court. (Petition for damages for land taking. )
Beatrice G. Swenson v. Town of Wilmington et al, Middlesex Superior Court. (Petition for damages for land taking.)
Lillian M. Galvin v. Town of Wilmington, Middlesex Superior Court. (Petition for damages for land taking.)
Richard Donahue v. Town of Wilmington et al, FourthDistrict Court of Eastern
Middlesex. (Action to recover damages for blasting. )
Sydney E. Graves, Administrator, v. Town of Wilmington et al, Middlesex Superior
Court. (Action to recover damages for death. )
Paul N. Carpenter v. Town of Wilmington et al, Middlesex Superior Court. (Action to recover for damages to property from fire.)
Minot J. Anderson et ux v. Town of Wilmington, Land Court. (Petition to invali- date zoning by-law. ) Town of Wilmington v. Joseph DeCota, Jr. Fourth District Court of Eastern Middlesex. (Proceeding to enforce obligation to support. )
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B. (1) During the year 1963, the following new action was brought by or on be- half of the Town:
Town of Wilmington v. Edward C. Cole, Fourth District Court of Eastern Middlesex (Action to recover damage to water hydrant.)
B. (2) During the year 1963, the following new actions were brought against the Town or its officers or agents :
Albert P. Rounds et al, Trustees v. Harold E. Melzar et al, Board of Water and Sewer Commissioners of Town of Wilmington, Middlesex Superior Court. (Petition for writ of mandamus. )
Albert P. Rounds v. Harold E. Melzar, Middlesex Superior Court. (Action of tort for interference with contract rights. )
Albert P. Rounds v. Waldo A. Stevens, Middlesex Superior Court. (Action of tort
for interference with contract rights. )
Albert P. Rounds v. Arnold C. Blake, Middlesex Superior Court. (Action of tort for interference with contract rights.)
Jackson Brothers, Inc. v. Town of Wilmington, Land Court, ( Petition for regis- tration of land. )
Henry E. Brooks v. County of Middlesex, Middlesex Superior Court. (Petition for assessment of damages for land taking, Ballardvale Street. ) Patsy Spinosa v. County of Middlesex - Town, Middlesex Superior Court. (Petitic for assessment of damages for land taking. )
Salvatore Spinosa, Jr., Exec. v. County of Middlesex and Town, Middlesex Superio
Court. ( Petition for assessment of damages for land taking. )
Massachusetts General Hospital v. Town of Wilmington, Third District Court of Eastern Middlesex. (Action to recover $762.98 for hospital care.)
C. During the year 1963, the following actions by or against the Town were finally disposed of :
Town of Wilmington v. Fidelity & Deposit Company of Maryland and Anthony Signore Suffolk Superior Court. (Disposed of by Agreement for Judgment for $5000.00 in favor of Town. )
Town of Wilmington v. Allick Epstein, Fourth District Court of Eastern Middlesex (Settled by agreement with Epstein to assume full responsibility for support. )
William G. O'Leary et al v. County of Middlesex, Middlesex Superior Court. (Settled by Agreement for $1000.00 in favor of O'Leary. )
Arthur R. Smith et al v. County of Middlesex, Middlesex Superior Court. (Motior for new trial denied. Verdict for plaintiff of $2700.00)
John J. Pyne et al v. County of Middlesex, Middlesex Superior Court. (Disposed of by settlement for $1000.00 in favor of Pyne.)
Massachusetts General Hospital v. Town of Wilmington, Third District Court of Eastern Middlesex. (Settled by Agreement for $339.36 paid to Plaintiff.)
Town of Wilmington v. Edward N. Gadsby et als, Commissioners of Department of Public Utilities and Boston and Maine Railroad Company, Supreme Judicial Court, Suffolk County. (Dismissed December 10, 1963.)
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D. Compensation was received by the Town Counsel in said matters and in all other matters during the year, as follows :
Compensation $3250.00, less discount of $81.37, to conform to appropriations
$3,168.63
Disbursements
331.37 $3,500.00
(The above amounts were entirely on account of services rendered and disbursements paid in the calendar year 1962. )
Respectfully submitted, Philip B. Buzzell Town Counsel
Sarah D. J. Carter Lecture Fund
"Secrets of the Underwater World" were revealed to a large, attentive audience at the Herbert C. Barrows Auditorium on April 27, 1963 when the Carter Lecture Committee presented Dr. Dimitri Ribicoff, noted European underwater expert. Dr. Ribicoff is Director of the Undersea Research Institute at Cannes, France, and is the inventor of the equipment used for underwater photography today. His breathtaking views of deep-sea life and his thought- provoking comments about it gave his audience a greater insight into this vast new frontier and its importance both nationally and internationally.
With high anticipation, the Committee looks forward to this year's program - a unique per- formance by America's Dynamic "Llords International", a marionette concert theatre for adults. The date is April 25th.
These programs are offered free of charge to the people of Wilmington through the generosity of the late Sarah D. J. Carter, and the Committee extends a cordial invitation to all to attend.
Treasurer's Report
Receipts
Expenditures
Cash on hand 1/1/63
$ 96.08
Howard Higgins
$250.00
Received from Town Treas.
307.00
Janitor
10.00
Interest
5.86
Projectionist
5.00
Advertising - Town Crier,
posters
37.00
Police
5.00
Cash on hand 1/1/64
101.94
$408.94
$307.00
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Police Department
ARREST
Assault and Battery
Assault and Battery with a Dangerous
Weapon
2
Indecent Exposure
Assault and Battery on a Police Officer
1
Larceny
28 1 2
Accessory Before the Fact (Armed Robbery)
1
Lascivious Cohabitation and Lewdness
Accosting
1
Malicious Damage
Affray
2
Murder
Arson
1
Non-Support
A.W.O.L. (Military)
1
Non-Payment of Wages
Breaking and Entering
16
Obscene Language
Breaking Glass on Roadway
3
Operating a Dump Without a Permit Rape
Bribery of a Police Officer
1
Concealed Weapon
2
Receiving Stolen Property
Contributing to the Delinquency of a Minor
5
Runaways
Disturbing the Peace
2
Spillage
Drunkenness
105
Stubborn Child
6
Escapees
2
Suspicious Persons
60
False Alarms
2
Trespassing
1
Forgery and Uttering
1
Unlawful Possession of BB Gun
2
Fugitive from Justice
1
Unlicensed Dogs
22
Illegitimacy
2
Violation of Hunting Laws
1
Warrant Arrest (Other Departments)
15
ARREST FOR MOTOR VEHICLE VIOLATIONS
Auto Thefts
13
Leaving the Scene of an Accident
5
Allowing Improper Person to Operate
2
Operating Under the Influence of Liquor
16
Operating So As To Endanger
7
Operating After Suspension of License
24
Failing to Display Proper Inspection Sticker
16
Operating Without Registration
1
Failing to Stop on Signal of Police Officer
3
Operating Unregistered Motor Vehicle
9
Failing to Stop for Red Light
1 Operating at Excessive Speed
31
Failing to Stop at Stop Sign
4 Traffic Island Violation
1
Total Persons Arrested
522
Total Fines Assessed
$ 2,245.00
20
1 2 2
18 2
33 1 1 2 1
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Attaching Plates ( Improper )
2
Operating Without a License
14
Operating Uninsured Motor Vehicle
4
Robbery
1 4 5 1
16 Indecent Assault of Child Under Fourteen
Kidnapping
Larceny from Railroad Car
MISCELLANEOUS ITEMS
Automobile Accidents
307
Juvenile Cases (No Court Action) 55
Attempted Suicides
4
Larcenies Reported
161
Automobiles Stolen
16
Malicious Damages Investigated
152
Buildings Broken Into
80
Missing Persons Reported
38
Buildings Found Open (Night Check)
156
Prowlers Reported
53
Children Reported Lost
20
Stolen Bicycles
27
Complaints Received (Investigated )
1042
Stolen Cars Recovered
20
Emergency Trips with Cruisers
64
Sudden Deaths Investigated
18
Fatal Automobile Accidents
1
Summons Delivered
625
Fires Responded To
46
Suspended Licenses (Registry Action) 30
Houses Checked (Vacations )
167
Suspended Registrations (Registry
Indecent Exposures Reported
11
Action)
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This just about covers the activities of this department for the year 1963. For anyone just to read these as they appear in the Annual Town Report - all they will see in print will be a list of crimes, and how many we had of each. This, in a sense, is like watching TV where you see the finished product, but never get to see what goes on behind the scenes to make this possible. Two murders in Wilmington in 1963 were solved; and the finding of a young woman's body off Route 93 was solved. The armed invasion of a home by two gunmen (the occupants placed in fear ) was solved. Many other crimes were investigated - some solved - some still unsolved; all of them are receiving our very best attention.
It is with this in mind that I wish to conclude my report by expressing my most sincere thanks to all the members of the Department for their wonderful devotion to duty and their accomplishments. To the Women Traffic Supervisors, heartfelt thanks for your devotion to duty and for a "Job Well Done". To the Town Departments and the employees of the respec- tive departments, thanks for their continued cooperation ..... To those of the Town Government who have been gracious and cooperative.
Dog Officer
Dog Licenses
1308
Kennels
0
Dogs Confined
298
Complaints Covered
587
Dogs Disposed Of
241
Dogs Killed by Cars
76
Resident Calls for Licenses
394
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Water &. Sewer Department
Water Supply:
During 1963 substantially more water was pumped than in any previous year. The capacity of the system was overtaxed, resulting in the imposition of water use restrictions during the dry period. It is obvious that the Town's present facilities are inadequate, and new facilities must be provided in 1964. Serious consideration should be given again by the Town to the use of Town Park as a wellfield. Through the efforts of the Town Manager, the State Department of Public Health has agreed to the continued use of the Town Park as a ball field provided certain requirements are met. These requirements will add some addi- tional cost to the project; however, the price is small for an additional water supply of approximately 500,000 gallons per day.
For the long run water supply needs of the Town, the Water Commissioners have contracted with an engineering firm to test the entire area of the Town under a loan from the Federal Government. Results of this program will be made available in 1964 so that the Town will be in a position to reserve land areas for future water supply requirements.
A review of the pumping statistics below indicates that further development of wellfields and pumping stations is necessary in order to provide for the constantly increasing demand.
1959
196 0
1961
1962
1963
Maximum gallons
pumped per Day
2,089,100
2,246,300
2,355,000
3,256,500
3,648,000
Maximum gallons
pumped per Week
14,116,700
13,213,000
15,850,600
18,851,300
20,757,000
Maximum gallons
pumped per Month
56,948,300
48,168,900
59,703,400
64,982,900
76,947,000
Average gallons
pumped per Day
1,590,785
1,420,000
1,546,243
1,821,733
2,000,104
Average gallons
pumped per Month
48,386,422
43,278,200
47,031,558
55,411,058
60,836,483
Total gallons
pumped per Year
580,637,300
519,387,200
564,378,700
664,932,700
730,037,800
Miscellaneous Information:
Metered Services
3,339
Unmetered Services
54
Total
3,393
New Hydrants Installed
11
New Services Installed
164
New Meters Installed
165
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Water Main Extensions:
The following installations were made :
Under the Betterment Program:
Street
10" Main
6" Main
Main Street Fanueil Drive
2,169'
431'
Sewer:
Seven sewer connections were made in 1963, bringing the total to twelve (12).
Fire Department
The manual force consists of the Chief, three Lieutenants, and fifteen Privates. There is a call force of fifteen members.
The Fire Department responded to a total of nine hundred and eighty (980) calls : one hundred and thirty seven (137) were bell alarms, and eight hundred and forty-three (843) were still alarms.
Ambulance Calls 371
False Alarms 50 Boats 2
Buildings 46
Brush and grass 362
Chimney 1
Auto and Trucks 43
Oil Burners 6
Out of Towns 14
Service Calls 85
A total of 116.200 feet of fire hose was laid: 67,900 feet of booster hose .... 20,750 feet of 1 1/8" hose .... 15, 550 feet of 1 1/2" hose ... . and 13, 000 feet of 2 1/2" hose. The total value of property endangered was $1, 572,420.00. The property loss was $118,379.57.
As required by the State, inspections were made of rest homes, schools, all public build- ings, and all gasoline tank locations.
With the exception of Engine #5 and the Ambulance, all equipment is in good condition.
Members of the department installed approximately three miles of fire alarm wire on the following streets; Gowing Road, High Street, School Street to Drury Lane; and Loumac Road.
Permits issued for blasting 23 Permits issued for gas 78 Permits issued for oil 142
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Town Engineer
As mentioned in the 1962 Annual Report, the demand for the services of the Engineering Department occasioned by the growth of the Town continued to be heavy during the year. Due to this condition and also the fact that the department was working under a limited budget, it was not possible to keep the personnel required to take care of all the work from the other departments, and some had to be done by consulting engineers and private surveyors.
Surveys were made and plans were prepared for four streets to be built under the Betterment Act. These included Cedar Crest Road, Reading Avenue, Dadant Drive, and the extension of Linda Road. Reading Avenue was turned down as being too costly.
A survey was made and a traverse run to continue to extend the Massachusetts Co-ordinate System to the south portion of the Town and also to establish the exact location of the Wilmington-Woburn town line in the field. Another purpose of establishing the location of this line was the necessity of obtaining a starting point for the staking out of a large parcel of land bordering on the Wilmington-Woburn town line on the west side of Main Street Calculations are being made to establish the boundaries of this parcel of land in the field as soon as weather permits.
Other surveys performed during the year include a portion of Clark Street between Middlesex Avenue and the railroad for the purpose of eliminating a sharp curve; laying out a pedway between Federal Street and the Wildwood Street School; and giving grades for a sidewalk on the west side of Main Street from Shawsheen Avenue to the Wilmington-Tewksbury town line.
The active subdivisions during the year include Jackson Heights (off Shawsheen Avenue), Hathaway Acres Extension (off Gunderson Road), Esquire Estates (off Marie Drive), Alderwood Estates (off Woburn Street), Ferguson Subdivision (off Lowell Street ), and the Signore Development (off Salem Street). It is significant that a compromise agreement was reached between the town and the bonding company in the Signore Subdivision. The facts and agree- ments made while this subdivision was active a few years ago were so confused that it was deemed advisable to accept an offer of $5,000, or 50% of the bonded amount, to release all the involved parties and open the door for a subdivider to resume the building of houses in that area. As stated above, this subdivision has become active once again.
Drainage problems were given serious consideration this year and easements were obtained when necessary, and estimated costs were made in an effort to obtain the necessary funds to relieve these situations. Several areas where problems existed have been taken care of when it was found that funds were available to do the work. No gravel operations took place during the year.
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Highway Department
As in the past, all regular routine work was completed before my general highway maintenance and construction began. Routine work consisted of cleaning catch basins and culverts, patching holes and sweeping.
The pedway from Federal Street to the rear of the Wildwood School was constructed, two large culverts installed, and surfaced with hot top. The finish top course should be laid in 1964. The sidewalk along School Street to the Buzzell School was constructed and hot topped; 162 feet of bituminous curb was laid to control the water and eliminate any washouts, seed- ing strip was loamed and the back of the sidewalk graded; all the wild growing shrubs in front of the school were removed except those close to the building. The entire area in front of this school will be loamed and seeded in the spring by the School Grounds Maintenance Department. A large area in back of the Swain School was hot topped to elimin- ate surface water from seeping into the cellar; a narrow area was laid around the Center School for the same purpose; a large area in back of the High School in the teachers' park- ing area was hot topped to eliminate large water puddles and surface cracks.
One catch basin had to be rebuilt because it caved in ..... Several sections of sidewalk patched ..... Two serious water puddles on Woburn Street eliminated with hot top ..... Sidewalk along Middlesex Avenue to Salem Street and along Salem Street to the first driveway at the North School completed ..... Hot top and curbing laid ..... Two catch basins and eighty feet of pipe laid ..... All damage to lawns, driveways and walks repaired to the satisfaction of the property owners ..... Spent two and one-half weeks with the entire crew and trucks in a Town clean-up campaign ..... Many street signs and traffic signs erected ..... Installed a new steel beam guard rail fence at the Nichols Street R. R. bridge ..... Graveled two streets in the cemetery in preparation for hot top ..... Installed three catch basins, one manhole and 150 feet of pipe to eliminate a serious water condition.
Completed construction and surface -treated the lower end of Marjorie Road ..... Relocated the corner of Brand Avenue and Baker Street ..... Completed construction and surface-treated the lower end of Baker Street ..... Completed construction and surface-treated the lower end of Lloyd Road ..... Completed reconstruction of Massachusetts Avenue; due to the laying of a water main, the street was severely damaged and the only way to repair it was to rebuild it; all materials used were paid for by the Water Department under the Betterment Act; the Highway Department absorbed $350, which was a little less than the difference between asphalt and pea gravel finish and hot top ..... Pershing Street reconstructed and surfaced .. Graveled sidewalk on Main Street from Tewksbury Town Line to Shawsheen Avenue bridge; same was hot topped by the New England Tel & Tel after laying their lines.
Betterments:
Butters Row: Completed the reconstruction and surfacing. About one third had to be re- built. This section is very narrow and in the course of laying a water main (because of ledge and boulders ) the street was actually destroyed. The balance required trench graveling and rolling. The entire length had to be surfaced. All materials were paid for by the Water Department under the Betterment Act.
Dorchester Street: Reconstructed in two sections, trench graveled, brought up to grade, and surfaced. All materials were paid for by the Water Department under the Betterment Act.
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Hamlin Lane : Approved for construction in 1962; finally got underway in November 1963. (Delay caused by our inability to procure a release for drainage. ) Late in October 1963, we finally obtained it from John D. Cooke. This left very little time for construction, but I did manage to do the excavation, install the drainage and gravel the entire street before the exceptionally early winter set in.
Cedar Crest Road: This street was approved at a Special Town Meeting. A serious water problem existed and again a very long delay in procuring a release for drainage. While waiting for the easement, I installed the catch basins and pipe lines and did some of the excavation where needed. Had to shut the job down, as I had no outlet for the drainage system. One property owner agreed to give the Town the easement required under certain conditions. After talking it over with the Town Manager, we agreed to his conditions and received the easement, after which I proceeded to construct the street. I managed to finish the street and hot top it, plus all driveways. I still have the sidewalks to build and the curbing to lay. Some lawns will have to be loamed to match the sidewalk. This street will be completed early in 1964.
Streets approved for construction under the Betterment Act in 1962, namely River Street, Pleasant Street and Marcia Road, were completed as to specifications early in the spring. All property damages were repaired to the satisfaction of the property owners; same re- ported to the Board of Selectmen and the Town Manager in writing with a complete breakdown on each street for materials, equipment hired, and labor, so as to obtain the actual cost per front foot for each property owner.
Chapter 90 Maintenance:
All catch basins, culverts, and gutters cleaned. Forty-five hundred feet of Burlington Avenue was surfaced with tar and pea gravel. Part of Salem Street, at the junction of Middlesex Avenue was hot topped. The balance was completed under Chapter 81.
Chapter 90 Construction:
Construction of Ballardvale Street started late because of the delay in procuring easements from the various property owners. The street was relocated twice and grades lowered be- cause of the high powered electric lines. The DPW demands a set number of feet clearance under the power lines. Because of this, the yardage excavation of subsoil, rock, and ledge was greatly increased, plus added drainage. The late heavy rains hampered the installation of a large 70 foot culvert. However, I did manage to get the first 1100 feet ready for hot top, but could not lay it because the utility poles were not moved. Work had to be stopped because of poor weather conditions. Construction will continue in 1964 and 1965.
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