USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1962-1963 > Part 2
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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 Middle sex 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 Dis- trict Court of Eastern Middlesex. (Petition to enforce obligation to support. )
Town of Wilmington v. Irving L. White, Middle sex Probate Court. (Petition to enforce obli - gation to support. )
Wilmington Board of Health v. Nagel Stone, Middlesex Superior Court. (Bill in equity to en- join occupancy of substandard dwelling. )
Town of Wilmington v. Joseph DeCota, Jr. Fourth District Court of Eastern Middlesex.
(Proceeding to enforce obligation to support. )
New England Gas Products Inc. v. Board of Appeal, Middlesex Superior Court. (Three sepa rate appeals from refusal of building permit. )
Town of Wilmington v. Commonwealth of Massachusetts, Middlesex Superior Court. (Petitio for assessment of damages for taking for state highway. )
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Town of Wilmington v. Stephen P. Hathaway et als, Middlesex Superior Court. (Bill in equity to enjoin removal of sand and gravel. )
Paul Bongiorno et ux v. County of Middlesex and Town of Wilmington, Middlesex Superior Court. (Petition for assessment of damages for land taking. )
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. )
City of Boston v. Town of Wilmington, Boston Municipal Court. 1959 case. (Action to recover for hospital care for resident of Wilmington. )
Town of Wilmington v. Allick Epstein, Fourth District Court of Eastern Middlesex. (Proceed- ing to enforce obligation to support. )
John McSheffrey et ux, Petitioners, v. Town of Wilmington, Middlesex Superior Court. (Petition for assessment of damages for land taking. )
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. )
Curtis H. Ward v. County of Middlesex, Middlesex Superior Court. (Petition for assessment of damages for land taking. )
City of Boston v. Town of Wilmington, Boston Municipal Court. 1961 case. (Action to recover for hospital care. )
Millard Pipes et al v. Town of Wilmington, Middlesex Superior Court. (Petition for assess- ment of damages for land taking. )
Bessie Cohen, d/b/a Wilmington Grain Co. v. Board of Appeal, Middlesex Superior Court. (Appeal from denial by Board of Appeal of application for variance. )
Town: B. (1) During the year 1962, the following new actions were brought by or on behalf of the
Town of Wilmington v. Arthur Hatton, Fourth District Court of Eastern Middlesex. (Action to recover damages to fire truck. )
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 subdivision. )
Town of Wilmington v. Ralph Kempton, Fourth District Court of Eastern Middlesex. ( Action to enforce liability to support. )
B. (2) During the year 1962, the following new actions were brought against the Town or its officers or agents:
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Wilmington Memorial Library
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TOWN COUNSEL:
Arthur R. Smith et al v. County of Middlesex, Middlesex Superior Court. (Petition for damages for land taking. Town admitted as a party defendant on motion. )
William G. O'Leary 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. 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 damage 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, Fourth District 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 recove for damages to property from fire. )
Minot J. Anderson et ux v. Town of Wilmington, Land Court. (Petition to invalidate zoning by -law. )
C. During the year 1962, the following actions by or against the Town were finally disposed ( City of Boston v. Town of Wilmington, Boston Municipal Court, 1959 case. (Disposed of by settlement; $300. 00 paid to Boston for hospital care. )
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settlement,
City of Boston v. Town of Wilmington, Boston Municipal Court, 1961 case. (Disposed of by $323. 00 paid to Boston for hospital care. )
John McSheffrey et ux, Petitioners, v. Town of Wilmington, Middlesex Superior Court.
(Disposed of by agreed settlement, $1200.00.)
Curtis H. Ward v. County of Middlesex, Middlesex Superior Court. (County settled case and agreed to judgment for $2000. 00 damages without consulting Town. )
Millard Pipes et al v. Town of Wilmington, Middlesex Superior Court. (Case tried before jury, which awarded $7500. 00 damages, and judgment satisfied. )
Town of Wilmington v. Ralph Kempton, Fourth District Court of Eastern Middlesex. (Dispos of by final decree in favor of Town ordering monthly payments. )
Paul Bongiorno et ux v. County of Middlesex and Town of Wilmington, Middlesex Superior Court. (Disposed of by agreement for judgment for the petitioners in the sum of $1200. 00, and judgment satisfied. )
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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 $3395. 00, less discount of $93. 33, to conform
to appropriations
Disbursements
$3,301. 67 198. 33
$3,500. 00
(The above amounts were entirely on account of services rendered and disbursements paid in the calendar year 1961. )
Respectfully submitted, Philip B. Buzzell Town Counsel
Sarah D. J. Carter Lecture Fund
On April 7, 1962, the Carter Lecture Committee presented to the people of Wilmington, John Roberts, accomplished and talented film reporter, with his latest travelogue "Holland and the Amazing Dutch. " The Auditorium of the High School was filled to capacity, and the audience was most enthusiastic.
Treasurer's Report
Receipts
Expenditures
Cash on hand 1/1/62
$200. 34
Handley Management
$250. 00
Janitor
10.00
Received from Trustee of
Projectionist
5.00
Trust Funds
200.00
Police Officer
8.00
Printing, Publicity - Town Crier
37.00
Interest
6. 49
Postage
. 75
$406. 83
$310. 75
Cash on hand 1/1/63
$ 96. 08
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Planning Board
General Planning:
Review of the Zoning By-law was continued during 1962 to keep it up-to-date and insure the health, safety, and welfare of the inhabitants of Wilmington through sound and orderly growth. Recognizing that the Town is now experiencing rapid residential, industrial, and commercial growth, particular attention was directed to the study of:
1. Proper balance between residential, business, and industrial growth.
2. Available area zoned as Industrial District and its potential for development.
3. Advisability of providing permissive zoning for garden-type apartments and motels.
4. Present and future need for open space, green strips, parks, and recreation areas.
Zoning:
Five articles pertaining to amendment of the Zoning Map were processed for Town Meeting action. Public hearings were held by the Board in accordance with zoning regulations, and recommendations were made t the Town Meetings.
Plot Plans:
Approximately sixty plot plans were reviewed by the Board, and forty-six approved as component parts of a subdivision or as not constituting a subdivision. All such plans of land must be checked carefully and signed by the Planning Board in order to be recorded at the Registry.
Subdivision:
A preliminary plan of "Jackson Heights", a subdivision of about thirty lots, was received in April and, after minor modification, approved. A definitive plan for this subdivision was presented in August and approved after due consideration. A definitive plan was also approved for an extension of the Esquire Estates subdivision. Public hearings were held relative to both.
Two preliminary subdivision plans, Northfield I and Northfield II, comprised of about one hundred and seventy -five lots, were submitted to the Planning Board but were not approved. Further action is antici - pated in regard to these plans.
Three previously approved subdivisions came before the Board for further action to allow additional develop ment.
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Parks and Recreation:
The Planning Board, as the Board of Park Commissioners, continued to provide improvements at Silver Lake Beach by providing sand, enlarging the beach area, and constructing bicycle parking stands. It is hoped that a portion of the general beach area will be loamed and seeded as an improvement during 1963.
General:
In addition to its regular meetings the second and fourth Tuesdays each month, the Planning Board conducted several public meetings relative to zoning and subdivision control. It met with other Boards, Committees, and civic groups on many occasions, and maintained particularly close liaison with the Permanent Building Committee and Board of Appeals.
The full co-operation of Town Officials, Boards and invididuals throughout the year is gratefully acknow - ledged by the Planning Board.
Recreation Commission
The Recreation Commission has attempted to meet the challenge as presented by a wide range in ages and interests of our townspeople. To do this, a diversified program intended to suit the needs both of spec - tators and of participants has been offered.
The younger citizens have been offered supervised playground activities which are conducted in four areas of the Town throughout the summer months. During the winter months, the boys in this group may take part in the indoor program of gym and basketball activities.
The men of the Town are invited to take part in the adult softball activities as offered at the Town Park on weekday evenings throughout the summer months. Also, they may take part in the winter indoor program of gym and basketball activities with special attention given to golf instruction.
The ladies have not been forgotten and have been active in a winter program similar to that offered to the men, one night a week.
Persons of all ages are invited to take advantage of the facilities and services of the Town Beach at Silver Lake. Emphasis is stressed on protection of life and leisure time bathing. The interest in the area of swimming lessons has become so great that for the first time in years classes had to be cut because of a ack of personnel.
This year for the first time we are attempting to organize PEE-WEE Ice Hockey. This will be conducted y volunteer workers.
We are grateful to the members of the School Committee and to the Planning Board for making our program possible.
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Police Department
ARREST
Affray
8
Other Departments ( Warrants)
Arson
1
Open and Gross Lewdness
Assault and Battery
24 Possession of Loaded Rifle in Vehicle
1
Assault and Battery with Dangerous Weapon
2
Peeping Tom
2
Being Abroad at Night
3
Receiving Stolen Property
2
Breaking and Entering
13 Runaway
6
Concealing Leased Property
1
Stubborn Child
Disturbing the Peace
7
Suspicious Person
Drunkenness
95
Trespassing
Evasion of Fare
1
Unlawful Killing of Dog
1
Indecent Exposure
1
Violation of Air Rifle Law
Insane
5
Violation of Federal Code (F. B. I. )
Juvenile Delinquency
63
Violation of Fireworks Law
Larceny
26
Violation of Immigration Laws (Federal)
1
Malicious Damage
14
Violation of Pornography Law
Non Support
23
Violation of Probation
2
363
ARREST FOR MOTOR VEHICLE VIOLATIONS
Auto Thefts
6
Loaning License
Allowing Improper Ferson to Operate
1
Operating So As To Endanger
Attaching Wrong Plates
2 Operating After Suspension of License
7
Falsifying Name and Address
1
Operating Under the Influence of Liquor
8
Failing to Display Inspection Sticker
6 Operating Unregistered Vehicle
10
Failing to Stop on Signal of Police Officer
4 Operating Uninsured Vehicle
10
Failing to Stop for School Bus
2
Operating Without a License
11
Failing to Stop for Red Light
4
Refusing to Produce License to Officer
1
Failing to Stop at Stop Sign
2
Speeding
22
Leaving Scene of Accident
4 Using Motor Vehicle without Authority
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116
Total arrests for the year show 479. 126 more than in 1961.
Total fines collected by the court show $2, 350. 00.
. . .
. . this is $660. 00 more than in 1961.
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1
2 40 3 1
Illegitimacy
1
Unnatural Act
2 1 4
1
1 4
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MISCELLANEOUS ACTIVITIES
Auto Accidents
165
Indecent Phone Calls Reported
14
Attempted Suicides
7
Juvenile Cases (No Court Action)
54
Automobiles Reported Stolen
6 Larcenies Reported
126
Buildings Broken Into
81
Missing Persons
27
Buildings Found Open (Business Places)
128
Prowlers Reported
49
Children Reported Lost
16
Stolen Bicycles
18
Complaints Received (Investigated)
892
Stolen Cars Recovered
9
Emergency Cruiser Trips
52
Suicides
1
Fatal Automobile Accidents
2
Sudden Deaths
9
Fires Responded To
42
Summons Delivered
384
Indecent Exposures Reported
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In concluding this report, my most sincere thanks and appreciation to all Town Departments for the wonder - ful co-operation extended this department in 1962.
To the Town Manager and the Board of Selectmen, many thanks for their splendid support throughout the year.
To the Traffic Supervisors for another year of commendable service, my most deepest thanks and apprecia- tion.
To the members of the Department for their every effort to the accomplishments of the department for 1962, a most sincere expression of thanks and appreciation.
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Fire Department
The manual force consists of the Chief, three Lieutenants, and twelve Privates. There is a call force of fifteen members.
The Fire Department responded to a total of eight hundred and thirty-seven (837) calls: two hundred and thirty-eight (238) were bell alarms, and five hundred and ninety-nine (599) were still alarms.
Ambulance Calls 341
False Alarms 23
Auto and Trucks
38
Oil Burners
6
Brush and Grass
262
Out of Town
8
Buildings
61
Service Calls 94
Chimneys 4
A total of 60, 050 feet of fire hose was laid: 33, 575 feet of booster hose ..... 7, 925 feet of 1 1/8" hose. . 8, 450 feet of 1 1/2" hose ..... and 10, 100 feet of 2 1/2" hose. The total value of property endangered wa: $493,900. 00. The property loss was $34, 513. 62.
As required by the State, inspections were made of rest homes, schools, all public buildings, and all new gasoline tank locations.
With the exception of Engine #5 which is kept at the North Wilmington Pumping Station, all equipment is in good condition. I feel that serious consideration should be given to building a sub-station in the North Wilmington section of Town. With the building of new homes and new industrial plants in this section of Town in the past few years, I feel that a sub-station is a must and that Engine #5 be replaced at once. This engine is considered obsolete by the Underwriters, and the home owners in this section of Town will lose the credit given by the Rating Bureau if something isn't done at once.
In this year's budget, I am asking to have the ambulance replaced with a new one. The present ambulance is seven years old. When you consider this is emergency equipment, I feel it has to be kept in top running condition, and the upkeep is going to be high to the taxpayer.
Members of the department installed approximately three miles of fire alarm wire on the following streets: Lawrence Street, West Street, Woburn Street and Suncrest Avenue. Four street boxes were added to the system.
Permits issued for blasting 30 Permits issued for burning 2125
Permits issued for gas 46
Permits issued for oil 124
It is with regret that I mention the retirement of Private Charles E. Ellis, Jr. ; his service will be greatly missed in the department.
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TOWN OF WILMINGTON
USE OF AMBULANCE
1. The ambulance may be used to transport patients to hospitals or other destinations under the following circumstances:
a. In the case of accidents, upon request of Police Officer, or in other emergencies, to a destination within a 20-mile radius of the Fire Station.
b. When requested by a physician or dentist, resident or practicing in Wilmington, if a stretcher case, also within a 20-mile radius.
c. When requested by the Board of Health, if a stretcher case, also within a 20-mile radius; except if in excess of 20-mile radius, only with the express permission of the Chairman of the Board of Selectmen or the Town Manager. Transportation of a patient affected with or exposed to any contagious disease is strictly prohibited.
d. When requested by the Public Health or School Nurse upon certification of attending physician.
2. Use of the ambulance shall be charged according to the following schedule:
a. Accident cases, if recoverable by patient from insurance, Blue Cross or other agencies, $5. 00 plus $1. 00 per mile to destination. If patient is a resident, charge may be abated at the discretion of the Board of Selectmen.
b. All other patients shall be charged a flat rate of $15. 00 per trip if to a destination within a 20-mile radius of the Fire Station.
3. Use of the ambulance shall not be permitted for the transportation of a patient other than from a point within the Town of Wilmington to the point of destination designated by the person authorizing the use of the ambulance. Transfer of a patient from house to hospital, or hospital to home, if a stretcher case, is permitted upon request of a physician resident in Wilmington.
4. The ambulance shall return to the Fire Station upon completion of the delivery of the patient to point of destination. No waiting time shall be allowed.
5. Ambulance service for transport of patients for X-rays or other examinations shall not be permitted except in special circumstances.
The ambulance shall not be ordered out for ambulatory patients.
Violent patients shall not be transported until a Police Officer or Medical Doctor is present and in attendance.
6. The Chief of the Fire Department shall, once each week, commit to the Town Manager and Town Accountant a full account of the use of the ambulance, stating the name and address of person or persons transported, the authorizing person, the points of origin and destination, and the total mileage of each trip.
The Town Accountant shall prepare and forward a bill for the amount due the Town. Facts relating to insurance coverage to be obtained from the Police Officer in case of accidents, and from patient or family in the case of illness.
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Wilmington Memorial
USE OF AMBULANCE
7. Payments should be made to the Town Collector.
8. In the event of an emergency not clearly covered by these Regulations, the Chief of the Fire Depart- ment shall exercise his best judgment in the circumstances.
9. These regulations shall be effective January 1, 1963.
Per Order: Board of Selectmen
Veterans' Agent
During 1962 this Department processed Two Hundred and Forty-four (244) applications for monetary aid as follows:
Chapter 115 as amended:
96 applications were referred to other cities and towns 46 applications were rejected 102 applications were approved for aid totaling over $48, 000. 00
This represents an increase in the number of cases handled. Of a total of over $48, 000. 00 spent, more than $15, 000. 00 was paid to hospitals; $9, 000. 00 was paid for doctors, dentists, and medication; $24, 000 was paid to veterans, or their dependents, who were unable to work because of illness or age limitations. In contrast, less than $8, 000. 00 was spent on employable veterans who were temporarily out of work. This is an increase over the previous year.
Through the co-operation of the Welfare Department and the Community Fund, this Department was able to care for a number of cases ineligible under the Veterans Benefits Law.
With increasing medical, surgical, and hospital costs, together with very little, if any decrease in the case load, it is not anticipated that future expenditures will lessen.
I would recommend that a clerk typist be procured for this department.
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Dog Officer
Dog Licenses
1302
Kennels
0
Dogs Confined
297
Complaints Covered
592
Dogs Destroyed
0
Dogs Disposed Of
214
Dogs Killed By Cars
76
Resident Calls For Licenses
358
Animal Inspector
Dog Bites Reported
107
Dogs Showing Physical Signs of Rabies
0
Animals Submitted to Laboratory for Examination
4
(All biting animals were quarantined for the period of time prescribed by law. )
Animals Quarantined
114
Animals Released from Quarantine
114
Dogs Released from Interstate Shipment
2
Laboratory Report:
0
Positive Negative
4
Premises Keeping Domestic Animals Inspected
64
Cattle Inspected
110
Horses Inspected
81
Swine Inspected
2,507
Goats Inspected
7
Sheep Inspected
11
Cattle Released from Interstate Shipment
0
Cattle Reacting to the Tuberculin Test
0
All special work assigned to me by the Department of Livestock Disease Control and the Board of Health was attended to promptly.
SLAUGHTERING INSPECTOR: No slaughtering in Town No calls for personal livestock slaughtering
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Town Engineer
The work load of the Engineering Department was again on the increase over the previous year, and it is apparent this condition will continue due to demands occasioned by the growth of the Town.
Some of the survey work formerly performed by private engineering concerns and consultants was handled by this department. This included the work of bringing the water -line and main-valve locations up-to-date in approximately one -third the area of the Town; the survey and plans for the taking of approximately 15. 5 acres of land in North Wilmington for a school site on the Sidelinker property off Woburn Street; and the survey of the perimeter and topography of the water shed area north of Route 125 near the North Reading and Andover Town lines.
The department was also called upon to give lines and grades for the approaches and roads near the new North Intermediate School at the junction of Salem and Ballardvale Streets in North Wilmington. This also included the necessary plans and staking of the Cowie property in that area.
Surveys were made and plans were prepared for five streets to be built under the Betterment Act. These were Pleasant Street, Marcia Road, River Street, Hamlin Lane, and Dartmouth Avenue. The first three roads were built during the year. Hamlin Lane was held up due to the lack of a drainage easement from the abutters. Dartmouth Avenue was turned down by the abutters as being too costly.
It was decided to make the necessary surveys to extend the Massachusetts Co-ordinate System in a section of Town where no known co-ordinate point exists. Accordingly a traverse was run up Glen Road, Main Street, and Church Street. These points can now be used to extend the system still further.
Granite stone bounds were set in some sections of Lawrence Street, Lloyd Road, Marjorie Road, the end of Ainsworth Road, and Boutwell Street.
Several subdivisions became active during the year. These include Jackson Heights off Shawsheen Avenue Hathaway Acres Extension, Alderwood Estates, Ferguson Subdivision or Woodland Road, Esquire Estates, Northfield off Park Street, and one by the Wilmington Development Co. Inc.
Street and dwelling construction have taken place in the Jackson Heights, Hathaway Acres Extension, and the Ferguson subdivisions, while plans were either approved or under consideration for Alderwood Estate and Northfield subdivision. Esquire Estates and Signore subdivision were acquired by new developers, an it appears that work will get underway shortly in these two areas. Only the road was built in the Wilming. ton Development Co. Inc. area.
Surveys were completed and preliminary plans drawn for the balance of Boutwell Street from the end of the new pavement to Aldrich Road.
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