USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1962-1963 > Part 23
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Mr. Simon Cutter moved the adoption of the above article noting in motion that said lot is also described by being bounded by Interstate Highway Route #93, the Boston & Maine Rail- road, and Kilmarnock Street. Planning Board Report filed with the Town Clerk. The Planning Board disapproves this change to Industrial use. After a great deal of debate, a motion to close debate was voted unanimously. Vote on main motion was taken by standing. Yes. . . 194 No. . . 105 Motion Lost.
Mr. Cutter moved to reconsider Article 32. More debate follows. A vote to close arguments was taken by standing. Yes. . . 278 No. . . 35 Debate closed. Vote on motion to recon- sider Article #32 taken by a standing vote. Yes. . . 210 No. . . 158 Motion Lost.
ARTICLE 33: To see if the Town will vote to rezone from "Rural" to Single Residence "A" a strip of land 200 feet deep on each side of Chestnut Street from the present Single Resi- dence A District to the boundary line of the City of Woburn, Massachusetts, or do anything in relation thereto. Request of William F. Roberts and others. Finance Committee approve Planning Board action.
Motion by Mr. Roland I. Wood: "I move that the Town vote to amend the Zoning By-Laws and map by changing from "Rural" to "Single Residence A, a strip of land 200 feet deep on each side of Chestnut Street, starting at a point where present "Single Residence A District" ends and extending to the end of Chestnut Street to the Boundary line of the City of Woburn" Planning Board Report filed with the Town Clerk. The Planning Board disapproves this article.
Because the hour was one minute of midnight and further action would take the meeting into Sunday, a motion was made to recess to Monday night at 8:00 o'clock in the evening in the Barrows Auditorium. Mr. Fitzmaurice asked that Article #32 be reconsidered then. Voted Meeting adjourned at 12:00 midnight.
Voters checked in at the afternoon meeting - 891 Voters checked in at the evening meeting - 704
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The Adjourned Annual Town Meeting reconvened at the Barrows Auditorium in the High School on March 11, 1963 at 8:15 P.M. Quorum then being present.
ARTICLE 33: Mr. Roland I. Wood read his motion again as noted above. Mr. Carl Backman asked that the Planning Board Report be read again. This was done. A lengthy discussion follows. A motion to close debate was taken by standing. Yes. . . 345 No. . . 15 Debate was closed. The vote on the mein motion was taken by standing. Yes. . . 24
No. . . 275 Motion Lost.
Mr. Cutter appointed Mr. Nicholas L. DeFelice to take the chair so that he could talk on his article #32.
ARTICLE 32: (Reconsidered)
Mr. Simon Cutter read this motion again (refer to previous minutes of Article 32).
Mr. Evans, Planning Board, Chairman said he hoped the meeting would not spot zone this area.
Mr. Anderson, Building Inspector, asked where in the zoning laws does it mention spot zoning Mr. Evans said there is none, but this is his idea of spot zonir.g. After a great deal more argument ensued, a motion to close debate was voted as follows: Yes. . . 345 No. . . 2 Debate was closed. Vote on the main motion was taken by standing Yes . . . 175 No. . . 182 Motion Lost.
ARTICLE 34: To see if the Town will authorize the Board of Selectmen to purchase or take by Eminent Domain the strip of land ten feet in width adjoining the westerly sideline of Ballardvale Street from the northerly lire of the Cowie property to the intersection of
Ballardvale Street and Route 125 as described in the map approved by the Planning Board and on file with the Town Clerk for the purpose of constructing a sidewalk; and further to see if the Town will vote to raise and appropriate a sum of money for the purpose of acquiring said land or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee - desirable but not necessary this year.
Motion by Mr. John Brooks: "I move that the Town authorize the Board of Selectmen to pur- chase or take by Eminent Domain the strip of land ten feet in width adjoining the westerly sideline of Ballardvale Street from the northerly line of the Cowie property and Route 125 as described in the map approved by the Planning Board and on file with the Town Clerk for the purpose of constructing a sidewalk, and further that the Town raise and appropriate the sum of $4,000.00 for the purpose of acquiring said land."
Motion to amend by Mr. John Brooks: "I move that the motbn be amended to read that the town authorize the Selectmen to purchase or take by Eminent Domain a strip of land 10 feet wide from the northerly line of the Cowie property a distance of 180 feet, more or less, but no further than the nearest side of the so-called Eaton driveway, and further, that the town raise and appropriate the sum of $1,800.00 for said purpose." Amendment voted by voice. Motion as amended taken by a standing vote. Yes. . 263 No. . . 9 Motion carried.
Motion to adjourn was voted. Meeting was dissolved and so declared by the moderator. Time of adjournment 10:30 P.M.
There were four hundred forty-two (442) voters checked on the voting list.
Total Voted as follows:
By Taxation By Transfer Grand Total
$2, 738, 140. 74 69,946.64 $2,808,087.38
A true copy: Attest:
(Mrs.) Esther L. Russell Town Clerk
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SPECIAL TOWN MEETING - May 27, 1963 WITH ACTION TAKEN THERTON
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 Twenty-seventh Day of May next 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 the warrant and this motion was voted and so adopted.
Mr. Black asked permission to speak; this was granted. He introduced our new Town Manager, Mr. Gerald R. Bouchard to the town meeting. Mr. Bouchard said it was a pleasure to be here and he pledged his best services to the town.
The Moderator stated that he would not read each article but only refer to it by number if there were no objections. None were offered, therefor this policy was adopted.
ARTICLE 1: To see if the Town will vote to amend the Zoning By-Law and Map, particularly a zoning amendment voted at a Town Meeting July 1, 1959, Article 4, by striking out the des- cription of the parcel there set forth, and substituting the following description; that parcel of land bounded by Main Street, Shawsheen Avenue, Boston and Maine Railroad and Bridge Lane, or do anything in relation thereto. Request of the Building Inspector and Town Clerk.
Mr. Minot J. Anderson, Building Inspector moved the adoption of the above article. Finance Committee approved Article #1. The Planning Board approved the above article, noting that it would be in the best interest of the Town. The Moderator called for a voice vote. Voted unanimously.
ARTICLE -2: To see if the Town will vote to amend the Zoning By-Law and Map, particularly a zoning amendment, Article 44, voted March 12, 1960 by striking out the description of the parcel of land set forth therein, and substituting the following description; that parcel of land on the easterly side of Main Street, starting 400 feet northerly from Clark Street and extending northerly 1650' along Main Street, depth varying from 400' to 1300' and com- prising entirely and exclusively a parcel shown as an Industrial District on the official Zoning Map adopted November 28, 1955, or do anything in relation thereto. Request of the Building Inspector and Town Clerk.
Mr. Minot J. Anderson moved the adoption of the above article. Finance Committee approved Article #2. The Planning Board approved the above article noting that it would be in the best interest of the town. The Moderator called for a voice vote. Voted unanimously.
ARTICLE 3: To see if the Town will vote to amend the vote adopted under Article 1 of the Warrant for the Special Town Meeting held January 21, 1963, by changing the description of the land which the Selectmen are authorized to purchase or take by Eminent Domain for the purpose of erecting a school thereon on Woburn Street, said vote in all other respects, including the appropriation made thereunder, to be ratified and confirmed, and said amended description to read as follows: Beginning at a stone bound on the westerly sideline of Woburn Street, thence running on a bearing of N 21°26'20"E a distance of two hundred seventeen and sixty-two hundredths (217.62) feet to another stone bound still on the westerly sideline of Woburn Street. Thence continuing along said sideline and now by a stone wall eighteen and seven hundredths (18.07) feet along a bearing of N 14 -54'-30" E; thence turning and running still by said stone wall one hundred fourteen and forty-two hundredths (114.42) feet on a bearing of N 06°-29'-00" E; thence on a bearing of N 00°-001-00" E still along stone wall a distance of forty-one and twenty-two hundredths (41.22) feet; thence still following said stone wall eighty-eight and seventy-seven hundredths (88.77) feet along a bearing of N 02 -59'-46" W; thence to an intersection of stone walls a distance of eighty and ninety-eight hundredths (80.98) feet along a N 05°-32'-00" W bearing. Thence turning
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ARTICLE 3: ( continued)
and running along said intersecting wall and on a bearing of N 89º41'44" W a distance of thirty-three and eighty-seven hundredths (33.87) feet; thence across a discontinuance in the wall a distance of thirty-eight and twenty-five hundredths (38.25) feet on a bearing of N 88°-43'-36" W; thence on a bearing of N 87º-33-52" W and again by said stone wall, one hundred three and eighty-one hundredths (103.81) feet; thence two hundred one and forty-nine hundredths (201.49) feet on a bearing of N 87º-081-58" W to another intersection of stone walls; thence continuing along said stone wall and now on a bearing of N 84 34'-16" W a dis- tance of one hundred twelve and fourteen hundredths (112.14) feet; thence on a bearing of N 88°-54'-03" W a distance of one hundred twenty-six and sixteen hundredths (126.16) feet to still another intersection of stone walls. Now turning and running S 01 -17' -07" E a distance of one hundred eighty-eight and fifty-nine hundredths (188.59) feet along said intersecting stone wall; thence continuing along said stone wall but on a bearing of S 03 -25'-47" E a distance of one hundred twenty-five and seventy-one hundredths (125.71) feet to yet another stone wall intersection; now continuing along said stone wall a dis- tance of five hundred eighty-nine and ninety-three hundredths (589.93) feet to still one more intersection of stone walls on a bearing of S 02 -34'-32" E; thence turning and run- ning N 85 -14'-10" E a distance of four hundred seventy-one and twenty-eight hundredths (471.28) feet back to the westerly sideline of Woburn Street; now tuming and running by said westerly sideline of Woburn Street and on a bearing of N 01°-56'-12" W a distance of two hundred thirty-one and sixty-two hundredths (231.62) feet to an angle point; thence still by the westerly sideline of Woburn Street but now on a bearing of N 21°-26' -20" E a distance of eighty-one and seventy-one hundredths (87.71) feet back to the point of be- ginning. Said area to mtain about ten (10) acres, or do anything in relation thereto. Request of the Board of Selectmen.
Mr. Nicholas I .. DeFelice moved the adoption of the above article. Finance Committee approved Article #3. A printing error was discovered in the last sentence of the descrip- tion of the land. A motion was made to amend the description by striking out (87.71) and substituting (81.81). The amendment was voted unanimously. A lengthy discussion follows. A motion was introduced to close discussion and was voted by voice unanimously. The vote on the main motion as amended was as follows: Yes. 478 No . .5 Motion carried.
After article 3 was completed, Mr. Charles Black moved that article #10 be taken up at this time. Voted unanimously.
ARTICLE 10: To see if the Town will accept as a gift for use as a pedway to the new school proposed for construction off Woburn Street, a certain parcel of land shown on a plan en- titled "Jim. DeCarolis, Marcia Road, Wilmington, Mass., scale 1" - 40', dated April 15, 1963, bounded and described as follows: A strip or parcel of land fifty (50) feet wide ad- joining Lot 25 on said plan running a distance of one hundred eighty-five and 59/100 (185.59) feet in a direction away from Marcia Road along a stone wall to a point on said stone wall as shown on said plan; thence at a right angle along another stone wall a dis- tance of fifty (50) feet, more or less, to a point on the nearest boundary on Lot 25; thence in a direction toward Marcia Road to a point along said boundary line of Lot 25 to the be- ginning of a curved line; thence along seid curved line at a radius of twenty-five (25) feet to a point on the boundary line of Lot 25 along Marcia Road Extension; thence running along said Marcia Road Extension in the direction of the stone wall first mentioned to the point of beginning, or do anything in relation thereto. Request of the Board of Selectmen.
Mr. John Brooks moved the adoption of the above article. Finance Committee approved. After some discussion on the motion it was moved to close debate. Voted by voice, unani- mously. Action on the main motion was taken by voice. Voted unanimously and so declared by the moderator.
After Article 10 was completed, Mr. Harold McKelvey moved that Article #6 be taken up at this time. The vote was taken by voice and lost, and so declared by the Moderator.
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ARTICLE 4: To see if the Town will vote to authorize the Selectmen or Town Maneger, in consideration of the settlement by the Commonwealth of the Town's claim for damages for the taking of about four acres of land belonging to the Town near the Reading line for the con- struction of Route #93, in the sum of five hundred dollars, to execute an agreement on be- half of the Town indemnifying the Commonwealth against any claim by anyone other than the Town on account of such taking, details and wording of such agreement to be at the discretion of the officers executing the same, or do anything in relation thereto. Request of the Board of Selectmen. Mr. Charles H. Black moved the adoption of the above article. Finence Committee approved acceptance of $500.00. Motion was voted unanimously.
ARTICLE 5: To see if the Town will vote to raise and appropriate the sum of money by taxa- tion, by transfer from available funds, by borrowing or otherwise for the purpose of con- structing and originally equipping and furnishing an elementary school on land acquired by the Town off Woburn Street, and to authorize and instruct the Permanent Building Committee to enter into contracts and to do all things that are necessary for constructing and originally equipping and furnishing seid elementary school, or take any action relative thereto. Request of the Permanent Building Committee.
Motion by Mr. Robert B. Michelson, Chairman, Permanent Building Committee : "I move that the Town vote to raise and appropriate the sum of $597,000.00 to construct and originally equip and furnish an elementary school on land owned, acquired, or to be acquired, by the Town, off Woburn Street, in North Wilmington and to meet said appropriation that the Treasurer, with the approval of the Selectmen, be and is hereby authorized to borrow a sum or sums not to exceed $597,000.00 under the authority of Chapter 645, Acts of 1948 as emended and to issue bonds or notes therefore, payable in not more than 20 years and that the Permanent Building Committee be and hereby is authorized to enter into contracts and to do all things that are necessary for constructing, originally equipping and furnishing said elementary school. Finance Committee approved $597,000.00 - Bond Issue. Mr. Harold S. Shea, Superintendent of Schools spoke on school needs.
Amendment offered by Mr. Paul H. Niles, also signed by Mr. Erwin Hanke: "I move to amend the motion by substituting the following therefor: that the Town authorize and instruct the Permanent Building Committee to construct, originally equip and furnish a 15 classroom elementary school on land acquired by the Town off Woburn Street and to authorize the Permanent Building Committee to enter into all contracts necessary to do same and further to instruct the Permanent Building Committee to utilize Town-owned plans for the construc- tion of 12 of the classrooms of said elementary school and to design and construct three additional classrooms to be connected thereto; the total amount to be expended for ell work may not exceed the sum of $511, 525, said sum to be raised and appropriated by borrowing a sum or sums not to exceed $511,525 under Chapter 645, Acts of 1948 and to be paid by notes of the town payable in 20 years."
A lengthy discussion follows. A motion to close debate on the amendment was voted as follows : Yes. . . 479 No. . . 43 Motion carried.
The moderator called for a vote on the motion to amend. Motion was lost by a voice vote end so declared by the moderator. The vote on the main motion was taken by a standing vote as follows: Yes. . . 370 No. . . 96 Motion carried.
ARTICLE 6: To see if the Town will vote to amend the Zoning By-law and Map by changing from Single Residence A District to Industrial District the following described parcel of land : Beginning at a point on Middlesex Avenue one hundred fifty (150') feet north of a stone bound at the north side of First Avenue the line runs easterly seven hundred six and 71/100 (706.71' ) feet parallel with First Avenue to the line of the Boston & Maine Railroad; thence southeasterly by said Boston & MaineRailroad two thousand six hundred fourteen (2614' ) feet more or less to a point on a line one hundred (100' ) feet north and parallel with Concord Street; thence northwesterly by said line parallel with and one hundred (100' ) feet north of said Concord Street one thousand five hundred eighty-five (1585' ) feet more or less to a ditch at land now or formerly of Frank and Marjory Stevens; thence north- easterly by said ditch and by said Stevens' land one hundred sixty-eight (168' ) feet more or less to a corner at land now or formerly of Paul and Doris Reitchel, Jr., and by land now or formerly of Ernest W. and Rose M. Eames; thence easterly by said ditch and by land of said Reitchels' one hundred ninety-two (192' ) feet more or less to a corner at land of
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ARTICLE 6: (continued)
said Eames and at land now or formerly of Christina Lopez; thence northerly by another ditch by land of said Lopez two hundred fourteen and 5/100 (214.05' ) feet more or less to a stake at the upland; thence northwesterly by land of said Lopez five hundred eighty-four and 9/100 (584.09' ) feet more or less to a corner; thence northwesterly by land of said Lopez sixty-five (65') feet more or less; thence northeasterly by a line parallel with Mystic Avenue seven hundred thirty-seven and 54/100 (737.54') feet more or less; thence westerly five hundred sixty-four and 76/100 (564.76' ) feet more or less to a point at Middlesex Avenue; thence northerly on a line of said Middlesex Avenue fifty (50') feet to the point of beginning, or do anything in relation thereto. Request of James A. Mackey and others. Mr. James A. Mackey moved the adoption of the above article. Finance Committee approved.
Planning Board Report (in part): "It is our opinion that the highest and best use of this land is industrial, and we therefore recommend favorable action on this article.'
Mr. Costello was allowed to speak on the article. Mr. George G. Lingenfelter, Jr. rose to a point of order. He said he wanted to go on record as calling this motion illegal. Mr. Philip B. Buzzell, Town Counsel, was asked for an opinion. He said he agrees with the Moderator that it is a legal article. Upon a motion to close discussion, the vote was taken by voice and was voted, and so declared by the Moderator.
Mr. Mackey, maker of the motion, asked that Selectman Brooks be allowed to use his time. This was granted. Mr. Brooks spoke as a Taxpayer and a Selectman; in favor. The Moderator called for a vote on the main motion. Vote as follows: Yes. . . 330 No. . . 171 Motion was lost, and so declared by the Moderator.
ARTICLE 7: To see if the Town will vote to accept as a public way the layout of Cedar Crest 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 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 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 therefor, or do anything in relation thereto. Request of the Board of Selectmen.
Motion by Mr. James R. Miceli: "I move that the Town accept as a public way the layout of Cedar Crest Road as approved by the Planning Board and made by the Selectmen under the pro- visions 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 that the Selectmen be and they are hereby authorized to take by right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect such purpose, and for the purpose of constructing said way and for the payment of any damages resulting from said takings, there is hereby appropriated the sum of $25,000.00. Said amount to be raised by a bond issue. Finance Committee approved. After a lengthy debate, a motion was made to close arguments. Motion voted unanimously. Mr. Miceli was allowed to speak again, since this was his motion. The vote on the main motion was taken by a standing vote, as follows: Yes. . . 215 No. 28 Motion carried.
ARTICLE 8: To see if the Town will vote to raise and appropriate a sum of money for the purpose of laying a water main in Main Street of not less than six inches, but less than sixteen inches in diameter, in accordance with the recommendations of the Board of Water and Sewer Commissioners acting under the provisions of General Laws (Ter. Ed. ) Chapter 40, Sections 42G and 42I inclusive, and determine how the appropriation shall be raised, whether by taxation, by transfer from available funds, by borrowing or otherwise, or do anything in relation thereto. Request of the Board of Water and Sewer Commissioners.
Motion by Mr. Wal do A. Stevens: "I move that the Town vote to raise by borrowing and ap- propriate the sum of $25,000.00 for the purpose of laying a water main in Main Street of
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ARTICLE 8: (continued )
not less than six inches, but less than sixteen inches in diameter in accordance with the recommendations of the Board of Water and Sewer Commissioners acting under the provisions of General Laws, Chapter 40, Sections 42G and 42I inclusive, and to meet such appropriation that the Treasurer, with the approval of the Board of Selectmen, be and hereby is author- ized to issue bonds or notes of the Town therefor, payable in not more than 15 years. Finance Committee approved a maximum of $25,000.00 to be raised by bond issue. Vote taken by voice. Voted unanimously.
ARTICLE 9: To see if the Town will vote to raise and appropriate a sum of money for the purpose of developing a well field, for wells, and for the construction and equipment of a pumping station, on land owned by the Town on Main Street, formerly part of the Town Park, and determine how the appropriation shall be raised, whether by taxation, by transfer from available funds, by borrowing, or otherwise, or do anything in relation thereto. Request of the Board of Water and Sewer Commissioners.
Motion by Mr. Waldo A. Stevens: "I move that the Town vote to appropriate $45,000.00 for the purpose of developing a well field, for wells, and for the construction and equipment of a pumping station, on land owned by the Town on Main Street, formerly part of the Town Park, said appropriation to be raised as follows: $18,000.00 to be transferred from the Construction of Main Street Well Field and Station account, and $27,000.00 to be raised by borrowing, and that the Treasurer, with the approval of the Board of Selectmen, be and hereby is authorized to issue bonds or notes of the Town therefor, payable in not more than 15 years. Finance Committee approved a maximum of $45,000.00 to be raised by bond issue. A lengthy discussion followed, most of it against the use of the Ball Park for this purpose.
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