USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1962-1963 > Part 9
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ARTICLE 6: To see if the Town will vote to raise and appropriate the sum of Seven Hundred Fifty Dollars ($750. 00) for the purpose of renewing under authority of Section 9 of Chapter 40 of the General Laws as amended, the lease of the American Legion Clubhouse, Inc., in Wilmington for the purpose of providing suitable headquarters for the Wilmington Post No. 136 of the American Legion, or do anything in relation thereto. Finance Committee approved - $750. 00. Mr. John F. Winters moved the adoption of the above article. Voted by voice unanimously.
ARTICLE 7: To see if the Town will vote to raise and appropriate the sum of Seven Hundred Fifty Dollars ($750. 00) for the purpose of renewing under authority of Section 9 of Chapter 40 of the General Laws as amended, the lease of the Veterans of Foreign Wars Clubhouse on Main Street for the purpose of providing suitable headquarters for the Nee-Ellsworth Post 2458 of the Veterans of Foreign Wars of the United States, or do anything in relation thereto. Finance Committee approved - $750. 00. Mr. Paul A. Farrell moved the adoption of the above article. Voted by voice unanimously.
ARTICLE 8: To see if the Town will vote to raise and appropriate a sum of money under the authority of Section 9 of Chapter 40 of the General Laws, as amended, for the purpose of providing suitable quarters for the William F. Tattersall Chapter No. 106, Disabled American Veterans, located in Wilmington, Mass. or do anything in relation thereto. Finance Committee approved - $750. 00. Mr. Clarence J. Mans moved the adoption of the above article. Voted by voice unanimously.
ARTICLE 9: To see if the Town will vote to raise and appropriate the sum of One Hundred Dollars ($100) the money to be expended under the direction of the 4-H Town Committee, serving in cooperation with the Middlesex County Extension Service, under the provisions of Sections 40 to 45, Chapter 128, General Laws of Massachusetts. Finance Committee approved - $100. 00. Mr. Donald C. Kidder moved the adoption of the above article. Voted by voice unanimously.
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ARTICLE 10: To see how much money the Town will vote to raise by taxation, or transfer from available funds and appropriate for the purchase of two vehicles for the use of the Police Department, and authorize the sale or turn-in of the two present vehicles used by the Police Department, or do anything in relation thereto. Request of the Town Manager. Finance Committee approved - $2, 500. 00. Mrs. Wavie M. Drev moved the adoption of the above article - $2, 500. 00 to be raised by taxation and appropriated for the above purpose. Voted unanimously.
ARTICLE 11: To see if the Town will vote to raise and appropriate a sum of money for the purpose of lay- ing water mains of not less than 6 inches, but less than 16 inches in diameter on specified 'streets in accord ance with the recommendations of the Board of Water Commissioners acting under the provisions of Chapter 332, Acts of 1955, 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 Commissioners. Finance Committee approved - $46, 000. 00 - 15 year maximum bond.
Motion by Mr. Waldo A. Stevens: "I move that the Town vote to raise by borrowing and appropriate the sum of $46, 000. 00 for the purpose of laying water mains of not less than six inches, but less than sixteen inches in diameter under the provisions of Chapter 332 of the Acts of 1955 for certain distances on the following streets: Marcia Road, Massachusetts Avenue, Shady Lane Drive, Cunningham Street, Hopkins Street and Dorchester Street, and to meet such appropriation 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. "
Motion by Mr. Wilson Belbin to lay Article 11 on the table and take up Article 16 at this time was lost by a voice vote.
A long discussion followed during which the Moderator relinquished the chair to Mr. Philip Buzzell in orde that he could speak in favor of the motion. Mr. Waldo Stevens spoke on the motion - he said that every abutter was agreeable to have the streets mentioned in the motion under the Betterment Act. The questior was called for. Mr. Buzzell read the motion again and told the meeting that since this was a Bond Issue the vote would be taken by standing. Yes ..... 268 No. . . . . 9 Motion carried.
ARTICLE 12: To see if the Town will vote to accept Public Law 560, 83rd Congress, as amended, and that the Board of Water and Sewer Commissioners be authorized to enter into negotiations with the Administrat of the Housing and Home Finance Agency to apply for Federal Funds and that the Board of Water and Sewer Commissioners be authorized to expend the same for test well investigations, plans, and reports, with estimates of cost of improvements to the Town water supply, with the understanding that the Town will re - imburse the Federal Government for that part of the cost of the investigations allocated to a particular water supply project, if and when that particular water project is subsequently voted by the Town, said investigations to be made by an engineer approved by the administrator, and that the Town authorizes the Treasurer with the approval of the Selectmen to borrow from the United States Government, under the terms of Public Law 560, as amended, for the purpose of making said investigations for the Town of Wil- mington, Massachusetts. Requested by the Board of Water and Sewer Commissioners. Finance Committ approved - To authorize the Town to borrow a sum of money from the Federal Government not to exceed $45,000. 00.
6 Mr. Waldo A. Stevens moved the adoption of the above article and to effect same the Treasurer with the approval of the Selectmen be authorized to borrow an amount not to exceed $45, 000. 00 from the United States Government, under the terms of Public Law 560, as amended, for the purpose of making said inves tigations for the Town of Wilmington, Massachusetts. Voted unanimously.
ARTICLE 13: To see if the Town will vote to raise and appropriate a sum of money for the purpose of lay. ing a water main of not less than 6 inches, but less than 16 inches in diameter on Butters Row in accordan with the recommendations of the Board of Water Commissioners acting under the provisions of Chapter 33 Acts of 1955, 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 Commissioners. Finance Committee approved - $40, 000. 00 - 15 year bond.
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ARTICLE 13 (continued):
Motion by Mr. Waldo A. Stevens, "I move that the Town vote to raise by borrowing and appropriate the sum of $40, 000. 00 for the purpose of laying a water main of 12 inches in diameter in Butters Row from Chestnut Street to Main Street, under the provisions of Chapter 332 of the Acts of 1955, and to meet such appropria- tion 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. "
A lengthy discussion followed during which a voter asked why the water could not be put down this street without betterments. The Town Counsel was asked for an opinion. Mr. Buzzell answered that the water would have to be put in under the Betterment Act, since Butters Row is an accepted street. The question was called - to close debate. By standing vote - Yes ..... 257 No. . ... 2 The vote on the main motion was taken by a standing vote Yes. . ... 153 No. . . . . 104 2/3 needed -
motion defeated.
ARTICLE 14: To see if the Town will vote to raise by taxation, or transfer from available funds, and appropriate a sum of money for the purpose of paying unpaid bills of previous years, or do anything in relation thereto. Request of the Town Manager. Finance Committee approved - $1, 209. 44. Upon a motion by Mr. Charles H. Black the above article was voted unanimously, the sum of $1, 209. 44 to be raised by taxation and appropriated for the purpose as stated above.
ARTICLE 15: To see if the Town will vote to raise by taxation or transfer from available funds a sum of money not to exceed Three Thousand Five Hundred Dollars ($3, 500. 00) and appropriate the sum for hot topping Avenues in Wildwood Cemetery as far as the money will permit, or take any action in relation there - to. Request of the Cemetery Commissioners. Finance Committee approved - $3, 500. 00. Motion by Mr. John Brooks that the Town vote to raise by taxation and appropriate the sum of $3, 500. 00 for hot top- ping avenues in Wildwood Cemetery as far as the money will permit. Voted - unanimously.
ARTICLE 16: To see if the Town will vote to accept as a public way the layout of Marcia Road as approved by the Planning Board and made by the Selectmen under the provisions of law relating to the assessment of Betterments which layout is filed in the office of the Town Clerk, and which, with plans therein mentioned is hereby referred to for more particular description; and to authorize the Board of Selectmen to take by the right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of this article, and to determine how an appropriation shall be raised, whether by taxa- tion 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. Finance Committee approved - $13, 000. 00 bond issue.
Motion by Mr. Nicholas L. DeFelice that the Town vote to accept the above article and to appropriate the sum of $13, 000. 00 as follows: That the Town Treasurer with the approval of the Selectmen is authorized to borrow the sum of $13, 000. 00 and to issue bonds or notes of the Town therefor payable within five years to effect the purpose of this article for which this money is raised.
Mr. Edward J. Sullivan moved to amend the motion by laying it on the table. The Moderator relinquished the chair to Mr. Buzzell in order that he might speak on the motion. Mr. Buzzell called for a voice vote to amend the motion. Motion lost and so declared by the Moderator pro tem. Discussion followed on the main motion. The vote on the main motion was taken by a standing vote. Yes ..... 201 No. . .. . 28 Motion carried.
ARTICLE 17: To see if the Town will vote to accept as a public way the layout of River Street as approved by the Planning Board and made by the Selectmen under the provisions of law relating to the assessment of Betterments, which layout is filed in the office of the Town Clerk, and which, with plans therein mentioned is hereby referred to for more particular description; and to authorize the Board of Selectmen to take by the right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of this article, and to determine how an appropriation shall be raised, whether by taxa tion or by transfer from available funds, by borrowing, or otherwise, for the purpose of constructing said
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ARTICLE 17 (continued):
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. Finance Committee approved - $8, 000. 00 - bond issue.
Motion by Mr. Kidder that the Town vote to accept the article as above and to appropriate the sum of $8, 000. 00 as follows: That the Town Treasurer with the approval of the Selectmen is authorized to borrow the sum of $8, 000. 00 and to issue bonds or notes of the Town therefor payable within five years as stated in the above Article, for which this money is raised. Voted unanimously.
ARTICLE 18: To see if the Town will vote to accept as a public way the layout of Pleasant Road as approved by the Planning Board and made by the Selectmen under the provisions of law relating to the assessment of Betterments, which layout is filed in the office of the Town Clerk, and which, with plans therein mentioned is hereby referred to for more particular description; and to authorize the Board of Selectmen to take by the right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of this article, and to determine how an appropriation shall be raised, whether by taxation or by transfer from available funds, by borrowing, or otherwise, for the purpose of constructing said way and for the payment of any damages resulting from the taking of land and slope easements and other easements therefor, or do anything in relation thereto. Request of the Board of Selectmen. Finance Committee
approved - $11, 500. 00 bond issue.
Motion by Mr. Kidder that the Town vote to accept the article as above and to appropriate the sum of $11, 500. 00 as follows: That the Town Treasurer with the approval of the Selectmen is authorized to borrow the sum of $11, 500. 00 and to issue bonds or notes of the Town therefor payable within five years as stated in the above article, for which this money is raised. Voted by a standing vote - Yes. . ... 274 No. . . . . 10 Motion carried.
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ARTICLE 19: To see if the Town will vote to accept as a public way the layout of Hamlin Lane as approved by the Planning Board and made by the Selectmen under the provisions of law relating to the assessment of Betterments, which layout is filed in the office of the Town Clerk, and which with plans therein mentioned is hereby referred to for more particular description; and to authorize the Board of Selectmen to take by the right of Eminent Domain such land, slope and drainage or other easements as may be necessary to effect the purpose of this article, and to determine how an appropriation shall be raised, whether by taxa- tion 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. Finance
Committee approved - $7, 250. 00 - bond issue.
Motion by Mr. Charles Black that the Town vote to accept the article as above and to appropriate the sum of $7,250. 00 as follows: That the Town Treasurer with the approval of the Selectmen is authorized to borrow the sum of $7, 250. 00 and to issue bonds or notes of the Town therefor payable within five years as stated in the above Article, for which this money is raised.
ARTICLE 20: To see if the Town will vote to raise and appropriate a sum of money for the reconstruction of a part of Salem Street and Ballardvale Street as shown on a plan on file with the Town Clerk, or take any action in relation thereon. Request of the Board of Selectmen. Finance Committee approved - $21,000. 00 by taxation.
Motion by Mr. DeFelice that the Town vote to raise by taxation and appropriate the sum of $21, 000. 00 to effect the above article. Voted by voice - unanimously.
ARTICLE 21: To see how much money the Town will raise by taxation, or transfer from available funds, and appropriate for the purchase of an Accounting Machine for the use of the Town, or do anything in relation thereto. Request of the Town Manager. Finance Committee approved - $6, 500. 00.
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ARTICLE 21 (continued):
Motion by Mr. Donald C. Kidder that the Town vote to raise by taxation and appropriate the sum of $6, 500. 00 for the purchase of an accounting machine for the use of the Town. Voted by voice unanimously.
ARTICLE 22: To see if the Town will vote to raise by taxation or transfer from available funds, the sum of Five Thousand Dollars ($5, 000. 00) and appropriate the sum for the purchase of a tractor, with attach- ments, for the use of the Cemetery Department or take any action in relation thereto. Request of Francis E. Downs. Finance Committee - - recommended.
Motion by Mr. Francis E. Downs that the Town vote to raise by taxation and appropriate the sum of $5, 000. for the purchase of a tractor, with attachments, for the use of the Cemetery Department. Voted by voice unanimously.
Motion by Mr. Edward Sullivan we recess from 5. 00 p. m. to 7. 00 p. m. at this point in the meeting. Vote taken by voice - LOST.
ARTICLE 23: To see how much money the Town will vote to raise by taxation or transfer from available funds and appropriate for the purchase of a front-end loader and backhoe for the use of the Highway Depart- ment, or do anything in relation thereto. Request of the Board of Selectmen and Town Manager. Finance Committee approved - $13, 000. 00 .
Motion by Mrs. Drew that the Town vote to raise by taxation and appropriate the sum of Thirteen Thousand Dollars ($13, 000. 00) for the purchase of a front-end loader and backhoe for the use of the Highway Depart- ment and further authorize the sale or turn-in of a present vehicle. Voted by voice unanimously.
ARTICLE 24: To see if the Town will asume liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as amended by Chapters 516 and 524, Acts of 1950, for all damages that may be in- curred by work to be performed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tidewaters, foreshores and shores along a public beach outside of Boston Harbor, including the Merrimack and Connec - ticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth, or do anything in relation thereto. Request of the Board of Selectmen and Town Manager. Finance Committee approved.
Motion by Mr. Brooks that the Town adopt the article as laid out above. Voted by voice unanimously.
ARTICLE 25: To see if the Town will vote to raise and appropriate a sum of money for the improvement, development and maintenance of the Ipswich River (Chapter 91 Project) or take any action in relation thereto. Request of Board of Selectmen and Town Manager. Finance Committee approved $10, 000. 00.
Motion by Mr. Black that the Town vote to raise and appropriate the sum of Ten Thousand Dollars ($10, 000) for the improvement, development and maintenance of the Ipswich River (Chapter 91 Project). Voted unanimously.
ARTICLE 26: To see if the Town will vote to place upon the Town Map, adopted at a Special Town Meeting February 11, 1961; Lowell Street from Sta. 7 + 50 to 14 + 50 as laid out by the County Commissioners in 1908; according to a plan on file with the Town Engineer; and change name of this section of Lowell Street to Lowell Street Park; or do anything in relation thereto. Street numbers shall remain as at present. Request of Albert J. Kelly and others. Finance Committee approved.
Motion by Mr. James R. Anderson that the Article as stated above be adopted. Voted by voice unanimously.
ARTICLE 27: To see if the Town will vote to change the term of the office of Town Moderator from one year to three years, and if so voted, to take effect at the annual election of March 1963. Request of Simon Cutter. Finance Committee - disapproved.
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ARTICLE 27 (continued):
Motion by Mr. Black that the Town vote to change the term of the office of Town Moderator from one year to three years and to take effect at the annual election of March 1963. Motion lost and so declared by the Moderator.
ARTICLE 28: 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: A certain parcel of land bounded:
Northerly by Lowell Street, one thousand one hundred eighteen and 96/100 (1118.96) feet; Easterly by the center of the Maple Meadow Brook;
Southerly by land of Yentile, six hundred seventy-two and 23/100 (672.23) feet, more or less; Easterly still by land of Yentile, two hundred fifteen and 64/100 (215. 64) feet;
Southerly still by land of Yentile one hundred sixty and 75/100 (160. 75) feet; and
Westerly by land now or formerly of Samuel P. Pike, three hundred eighty-eight and 54/100 (388. 54) feet.
All as shown on Plan No. 27556A, Sheet No. 1 filed with Certificate of Title No. 10603, or do anything in relation thereto. On petition of Alan Altman and others. Finance Committee approved Planning Board Recommendation.
Motion by Mr. Alan Altman that the Town vote to amend the Zoning By-law and Map by changing from Single Residence A. District to Industrial District the above described parcel of land. Mr. Slater read a report from the Planning Board relative to Article 28. After some lengthy discussion Mr. Belbin moved that this article be laid on the table. Yes. . ... 11 No. . . . . 194 LOST The main motion was voted by voice unanimously.
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ARTICLE 29: To see if the Town will vote to amend the Building By-law, Division 9 - Fire Protection, by adding a new section to read: "Section 13, Any part (as rooms, passages, closets) of any building which ex- tends within eight feet of any lot line shall be of first class construction. Any part of any building which ex- tends within twelve feet of any lot line shall be of first class or second class construction. The Board of Appeals shall grant no variances or special permit altering these provisions until ten (10) days after they have requested a report of the location from the Fire Chief, " or do anything in relation thereto. Request of the Building Inspector. Finance Committee approved.
Motion by Mr. Minot J. Anderson hat the town vote to amend the Building By-law, Division 9 - Fire Pro- tection, by adding a new section to read; "Section 13. Any part (as rooms, passages, closets) of any build- ing which extends within eight feet of any lot line shall be of first class construction. Any part of any build- ing which extends within twelve feet of any lot line shall be of first class or second class construction. The Board of Appeals shall grant no variances or special permit altering these provisions until ten (10) days after they have requested a report of the location from the Fire Chief. " Voted by voice unanimously.
ARTICLE 30: To see if the Town will vote to amend the Building By-law, Division 15 - Garages, by strik- ing out Section 3 and inserting in place thereof the following section: 'Section 3. No private garage shall be built to hold more than three (3) cars. Second class garages shall be placed not less than eight feet from property line. Garages placed less than eight feet from the property line shall be of first class construction. Garages of third class construction shall not be placed less than fifteen feet from the lot line and not less than fifteen feet from any building with combustible walls and/or outer covering. ' or do anything in relation thereto. Request of the Building Inspector. Finance Committee approved.
Motion by Mr. Minot J. Anderson that the Town vote to amend the Building By-law, Division 15 - Garages, by striking out Section 3 and inserting in place thereof the following section: 'Section 3. No private garage shall be built to hold more than three (3) cars. Second class garages shall be placed not less than eight feet from property line. Garages placed less than eight feet from the property line shall be of first class construction. Garages of third class construction shall not be placed less than fifteen feet from the lot line and not less than fifteen feet from any building with combustible walls and/or outer covering. ' Voted by voice unanimously.
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ARTICLE 31: To see if the Town will vote to amend the Zoning By-law and Map by changing from Neigh- borhood Business District to General Business 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. On petition of Barbara A. Moorman and others. Finance Committee approved.
A motion was made by Mr. Cecil Lancaster, Town Manager, to pass over the article. Voted unanimously.
ARTICLE 32: 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. & Bernice A. Cowie providing as follows:
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