Wilbraham annual report 1951-1955, Part 43

Author: Wilbraham (Mass.)
Publication date: 1951
Publisher: The Town
Number of Pages: 634


USA > Massachusetts > Hampden County > Wilbraham > Wilbraham annual report 1951-1955 > Part 43


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first bond or note, and that the Selectmen be and hereby are authorized to purchase or take by eminent domain in the name of and on behalf of the Town, such land as in their judgment shall be needed for the purpose of this vote.


Explanation was made that the School Building Com- mittee will have authority to act on above Article 35, with the approval of the State School Commissioners.


Unanimous vote favored taking action on Articles 27, 28, 29 and 30 next.


ARTICLE 17. No action desired.


ARTICLE 18. No action desired.


ARTICLE 19. Voted unanimously to authorize the Select- men in behalf of and in the name of the Town to sell for $1.00 and other consideration to the Roman Catholic Bishop of Springfield, a corporation sole under Chapter 368 of the Acts and Resolves of 1898 of the Great and General Court of the Commonwealth of Mass., that land colored blue on a plan marked "Plan of Land No. 2, Wilbraham Civic Survey Council," dated January 14, 1955, and filed with the Town Clerk for the purpose of providing vehicular parking, said land being a strip approximately 25 feet deep along the west boundary of property now occupied by Saint Cecelia's Church, subject to the agreement that when, and if, said Church property shall no longer be used for church pur- poses, title to this parcel will revert to the Town of Wilbraham.


Finance Committee recommended this action.


ARTICLE 20. Voted unanimously to appropriate and transfer from the Road Machinery Fund the sum of $830. to purchase a 20 ft. by 20 ft. building suitable for storage purposes, for use by the Highway Department.


ARTICLE 21. Voted unanimously to appropriate and transfer from the Road Machinery Fund the sum of $1,278. to purchase a sand spreader and accessory equipment therefor.


Finance Committee recommended action on Articles #20 and #21, with explanation these involve transfer of funds only, and will not affect tax rate.


ARTICLE 22. Voted unanimously to instruct the Board of Selectmen to install one electric light on Walter Street, with cost thereof to be provided out of the appropriation for Street Lights, under Article #5.


ARTICLE 23. Voted unanimously to raise and appropriate the sum of $1,810. to purchase a new pick-up truck, and


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turn in the old truck; new truck to be used by Water Department.


Finance Committee recommended this action, with the comment that $300. would be cost to repair old truck.


ARTICLE 24. Voted unanimously to raise and appropriate the sum of $8,500. to build a 30x60 foot cinder block build- ing for the Water Department.


Finance Committee recommended this action.


This building will be erected on Town land (Highway Dept. area).


ARTICLE 25. Amended and voted by a majority to author- ize the Board of Selectmen to sell at public auction the Perry Barn, and all or any part of the land on which the barn stands, when same is vacated by the Water Department.


This motion originally made no mention of the land on which barn stands, and question was raised whether this authority given would cover sale of land. It was explained that the land would be sold, as it is a matter of policy for the Town not to own property it cannot use. Again, it was suggested that a reasonable length of time be taken to sell barn, to assure Town of a fair price; and Mr. Brooks ex- plained that Selectmen can exercise their prerogative to reject all bids if fair price is not given, but that they work so that a good price is practically assured before the auction is held.


ARTICLE 26. Voted unanimously to appropriate and transfer from unappropriated available funds in the Treas- ury the sum of $8,500. to be spent by the Water Department for additional household and business installations for water service, the cost of which is collected by the Town from the individuals or concerns requesting the installations, and which is returned upon receipt to unappropriated available funds in the Treasury.


The Finance Committee recommended this action.


ARTICLE 27. Voted by more than 2/3 vote to appropriate the sum of $125,000. to lay a 16" water main from the existing main at the corner of North Main Street and Maple Street and running southerly on Main Street as far as this appropriation will permit and that to meet said appropriation there be transferred from unappropriated available funds in the treasury the sum of $25,000.00, and that the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of $100,000.00 and to issue bonds or notes of the Town therefor, payable in accordance with the provisions of Chapter 44 of the Gen-


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eral Laws so that the whole loan shall be paid in not more than 25 years from the date of issue of the first bond or note.


Question was raised on the first vote taken on this Article 27, which was a majority vote. Articles covering bond issues require a 2/3 vote, and a rising vote was counted by the official tellers as follows :


In favor Article 27 199


Opposed Article 27


66


265


(2/3=176)


ARTICLE 28. Voted not to appropriate the sum of $57,000. to lay a 10" water main on Tinkham Road from Main Street to Stony Hill Road, and on Stony Hill Road northerly to the existing main. The Treasurer, with the approval of the Selectmen, to be authorized to borrow the sum of $57,000. and issue bonds. or notes of the Town therefor, payable in accordance with the provisions of Chapter 44 of the General Laws so that the whole loan shall be paid in not more than 20 years from the date of issue of the first bond or note.


ARTICLE 29. Amended and voted by majority to raise and appropriate the sum of $1,800. to extend the existing 6 inch water main with appropriate hydrants, for a distance of approximately 500 feet in an easterly direction on Monson Road.


This Article originally mentioned betterment assessments (50% of the cost) to be levied against users. This action affects property formerly owned by Mr. Albert L. Martin, who served the Town as selectman in previous years.


ARTICLE 30. March 5, 1955 action-Mr. Allan Kinney recommended that action on this Article be indefinitely postponed. The Moderator asked if there was any motion to be made, and hearing none ruled, "No action desired."


March 12, 1955 action-Mr. Orin Gilbert requested that this Article be included in next Annual Town Meeting, and Mr. Brooks said this would be done. Mr. Auchter advised that vote to postpone this Article was unnecessary.


ARTICLE 31. When this Article was mentioned first, it was stated that no action was desired.


After Article 37 was acted on, the following motion was made by Mr. Frank Nietupski as shown. Mr. Nietupski is not a registered voter, but was given permission to speak by the Moderator, after hearing no objection to his doing so (from the floor).


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Voted not to amend the vote adopted under Article 42 of the Annual Town Meeting of March, 1950, relating to mechanical amusement devices, so as to allow Veterans' organizations incorporated under the Laws of the Common- wealth of Mass. only, in said Town, the use of said devices in their establishments.


There was much discussion on this Article, and during an hour's recess taken at 12:30, Mr. Auchter asked that an exact copy of vote taken March, 1950 be obtained.


At this time there was a unanimous vote taken to ad- journ this meeting to 4:00 p.m. March 12, 1955 (same day), as a Special Town Meeting was scheduled at 1:30 p.m.


After Special Town Meeting the meeting interrupted at 12:30 was continued. The Vote of March, 1950, referred to on Article 31 was read by Mr. Auchter, and vote of opposition was made, as shown above.


ARTICLE 32. Voted by a majority to accept regulations relative to the construction, alteration and maintenance of buildings and other structures in the Town, proposed by the Board of Standards in the Department of Public Safety of the Commonwealth, certified copies of which have been filed by said Board with the Clerk of the Town in accord- ance with the provisions of General Laws, Chapter 143, Section 3.


Mr. Keuhn in his comments on this Article referred to the majority vote taken on June 10, 1954, to authorize the Selectmen to work towards obtaining a building code. He explained further that it was impossible at this time (and impracticable because of cost) to distribute copies of the code on which vote was to be made. The code, it was pointed out, would give Mr. Herter, Building Inspector, authority. Also, in accepting this code we can take advan- tage of their knowledge-save the Town the cost (possibly two or three thousand dollars) of making up another code, which might be rejected-as the original code we submitted was. Mr. Keuhn suggested that Australian vote be taken, but a voice vote on this was made as shown above.


Mr. Auchter stated it is possible to vote by 2/3 vote amendments to the code, but Boston has power to veto our amendments.


ARTICLE 33. See page 59 for action and vote.


ARTICLE 34. See page 59 for action and vote.


ARTICLE 35. See pages 59 and 61 for action and vote.


ARTICLE 36. Voted by a majority to raise and appropriate the sum of $2,400. for the purpose of building such side-


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walks as in the opinion of the Highway Department may be needed between the Merrill residence on Main Street and Delmor Circle.


The Finance Committee recommended this action.


ARTICLE 37. Voted by a majority to raise and appropriate the sum of $2,700. to build such sidewalks and in such loca- tions on Springfield Street between Ripley and Main Streets as the Highway Department may deem to be most suitable to the Highway layout and to the environs in order to avoid unnecessary destruction of trees.


ARTICLE 38. Voted not to adopt the following by-law: "No child under 16 years of age shall be, loiter or remain upon any street, highway, park or other public way or place in the Town, between the hours of 9:30 p.m. and 4:00 a.m., unless accompanied by or under the control or care of a parent, guardian or other adult person; or unless in some employment or in the performance of some duty directed in writing by said parent, guardian or other adult person ; and no such child, while in such employment or performance of such duty, shall loiter upon any such street, park or other public place.


Any person violating any of the provisions of this by-law shall be liable to a penalty not exceeding five dollars for each offense.


In enforcing this by-law, a police officer or constable may, in his discretion, warn and send home any child who for the first time violates the provisions of this by-law, and shall report such action to the Board of Selectmen, who shall cause notice thereof to be sent to the parent, guardian or other person having the care of such child."


ARTICLE 39. Voted not to amend Article 2 Section 6 of the by-laws of the Town so as to repeal the provision re- quiring the election of five Constables each year, and in place thereof, to become effective as of the date of the 1956 Annual Town Meeting, to provide for the annual appoint- ment of five Constables by the Selectmen in accordance with the provisions of the General Laws, Chapter 41, Sec- tions 91A and 91B.


ARTICLE 40. Voted unanimously to appropriate and transfer from the Overlay Surplus Account the sum of $10,000. for a Reserve Fund.


The Finance Committee recommended this action, com- menting that when the budget is estimated in January it is practically impossible to reach an accurate figure.


ARTICLE 41. Voted unanimously that the Town appro- priate and transfer from unappropriated available funds in


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the Treasury the sum of $5,500. to pay for garbage collec- tion, with receipts from garbage collection subscribers to be restored as received by the Town Collector to unappro- priated funds in the treasury.


ARTICLE 42. Voted unanimously to authorize the Select- men to sell at public auction, after first giving notice of the time and place of sale by posting such notice of sale in some convenient and public place in the Town 14 days at least before the sale, property taken by the Town under tax title procedure, provided that the Selectmen, or whomsoever they authorize to hold such public auction, may reject any bid which they deem inadequate.


The Finance Committee recommended this action.


ARTICLE 43. Voted unanimously to authorize the Select- men to institute or defend suits and employ counsel for the purpose of protecting the interests of the Town.


ARTICLE 44. Voted unanimously to appropriate and add to the Library Fund the Town's share of the Dog Tax of 1954, which is $870.83.


The Finance Committee recommended this action.


ARTICLE 45. Voted not to adopt the following by-law : "No person shall fire or discharge any firearms or explosives of any kind within the limits of any highway, park, or other public property, or on any private property except with the consent of the owner or tenant thereof or the agent of either; provided, however, that this by-law shall not apply to the lawful defense of life or property, or to any discharge of firearms in accordance with law enforcement."


ARTICLE 46. Voted unanimously that all appropriations made at this meeting, unless otherwise provided for, be raised by assessment against the polls, personal properties and real estate of the Town.


Amended and voted unanimously that the Town assume such liability as is necessary to indemnify or protect any defense costs or personal liability incurred by any officer or employee of the Town, or volunteer driver of fire appar- atus, whose service at the time was approved by the Select- men, against loss by such officer or employee or vehicle driver by reason of his liability to pay damage for bodily injuries, including death resulting therefrom, or damage to property caused by the operation within the scope of his official duties or employment driving motor vehicles owned by the Town, providing such officer or employee has been denied or is unable to provide himself with "drive-other- car" endorsement on insurance which he may carry on a vehicle of his own at standard rate, to an amount which shall be deemed by the Board of Selectmen to be in the best


39


interest of the Town, but not to exceed $15,000. on account of injury to or death of one person or not exceeding $25,000. for any one accident and not exceeding $5,000. on property on account of damage.


*


ARTICLE 10. (On Page 55 this Article has, "No action possible." This comment was made on March 5, 1955. On March 12, 1955 (at the adjourned meeting) it was


Voted unanimously to accept as a public way the private way known as Lake Drive, which is described as beginning at Boston Road and running southerly to Hillcrest Drive a distance of 455 feet, and being 28 feet in width throughout said length, said 28 foot width consisting of the original 18 foot width as shown on a map filed in the office of the Wilbra- ham Town Clerk, entitled Lake Shores, Section 6, Phillips, Dudley, Sullivan, Surveyors, dated April 1929, and an addi- tional 5 feet on the easterly side and 5 feet on the westerly side, making a total width of 28 feet; said way having been formally dedicated to the public use and an easement therein for the purposes of a public way having been granted to the Town contingent upon such acceptance, and that the sum of $750.75 be raised and appropriated for the construction and improvement of said Lake Drive, and that betterment assessments be levied in accordance with the provisions of Chapter 80 of the General Laws.


Both the Finance Committee and the Planning Board recommended this action.


ARTICLE 14. On March 12, 1955 (adjourned meeting) it was voted to reconsider action taken on March 5, 1955 on Article 14. At that time the raising and appropriating of $4500. to install suitable traffic control lights at the inter- section of Springfield Street and Stony Hill Road was opposed. Mr. Danforth, Chairman of the Finance Com- mittee, recommended that the money in question be raised and traffic control lights be installed, after Mr. Auchter had read the motion. The motion was amended, and it was


Voted by a majority vote that $4,500 be taken from avail- able funds to install, subject to the approval of the Depart- ment of Public Works, suitable traffic control lights at the intersection of Springfield Street and Stony Hill Road.


ARTICLE 16. On March 12, 1955 (at the adjourned meet- ing) motion was made and seconded to reconsider action taken on Article 16 on March 5, 1955, relative to amending zoning by-laws. This motion was opposed.


Mr. Irving Agard, Supt. of Schools, spoke about the polio vaccine that the State Board of Health will provide for


40


school children. He explained that the law requires that the Board of Health make the decision but suggested that the townspeople indicate their desire in the matter. A unanimous resolution was made to the effect that, "This vaccine be made available to the children of this community."


A unanimous vote was made to close the polls at 6:30 p.m. on March 5, 1955.


A majority vote adjourned the March 5, 1955 meeting until 10:00 a.m. on Saturday, March 12. This vote was made at approximately 6:00 p.m., March 5.


A unanimous vote adjourned the March 12, 1955 meeting at 5:30 p.m.


The total ballot of March 5, 1955 was tabulated as follows :


Precinct A


436


Precinct B


218


Precinct C


64


Total votes cast


718


Attest :


Walter F. Berry


Town Clerk


ARTICLES ACTED ON MARCH 5, 1955, in order taken- Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (no action), 11, 12, 13, 14 - 16 - 15 - 33, 34, 35 - 27, 28, 29, 30 (no action) .


ARTICLES ACTED ON MARCH 12, 1955, in order taken- Nos. 10, 17 (no action), 18 (no action), 19, 20, 21, 22, 23, 24, 25, 26, 31 (no action), 32, 16 (to reconsider 3/5 action) , 36, 37, 31, 38, 39, 40, 41, 42, 43, 44, 45, 14 (to reconsider 3/5 action), 46.


MARCH 5, 1955 meeting called to order at 10:07 a.m., and adjourned at approximately 6:00 p.m., until 10:00 a.m. March 12, 1955.


MARCH 12, 1955 meeting called to order at 10:00 a.m., and adjourned at 12:30 p.m. until 4:00 p.m. same day. Meeting reopened at 4:15 approximately, and adjourned at 5:30 p.m. (A Special Town Meeting was scheduled for 1:30 March 12, 1955, which made adjournment of regular meeting necessary.)


Attest : Walter F. Berry


Town Clerk


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Report of Special Town Meeting


MARCH 12, 1955


In accordance with the warrant as posted, the voters of the Town assembled in the Wilbraham Memorial School Auditorium, Wilbraham.


Warden Wesley Holdridge and Checkers Anna Tupper, Beulah Wahlberg, Alexina Holdridge, Coralie Gray, Theresa Boden were duly sworn in by Town Clerk Walter F. Berry.


The meeting was called to order at 1:40 p. m. by Moder- ator Frank Auchter.


The Moderator announced it was requested that consid- eration of the Articles be as follows: No. 4, No. 2, No. 1, No. 3, No. 5.


ARTICLE 4. (Meeting House Lane) Motion was made and seconded that the Town accept as a public way a new way from Springfield Street as extended easterly, extend- ing southerly to Woodland Dell Road, being partly through Crane Park, a total distance of about 700 feet, as laid out by the Board of Selectmen February 23, 1955, and shown on a plan dated February, 1955, and also on a more com- prehensive plan dated March 3, 1955, both being filed with the Town Clerk, and that the same be known as Meeting House Lane, and approval is hereby given to the taking and use as a public way that portion of Crane Park, so called, as is included within the limits of such layout, and that the cost of such construction be paid from funds already appro- priated, with such assistance from the State and County funds as may be made available.


After much discussion Mr. Cordner made a motion that the vote on this Article be taken by written ballot. A voice vote favored this action. Mr. Auchter appointed official tellers, who were sworn in by him, as follows:


Mr. Gilbert E. Stacy, Mr. James L. Marchese, Mr. Robert A. Edwards, Mr. G. Milo Green, and Mr. George P. Rice.


Vote in favor of Article 4 111


Vote opposed to Article 4 138


ARTICLE 2. (North Springfield Street) Motion was made and seconded that the Town accept as a public way a new way from the northerly terminus of Meeting House Lane to Mountain Road, a distance of approximately 442 feet, as laid out by the Board of Selectmen, February 23, 1955, and shown on a plan dated February, 1955, and also on a more comprehensive plan dated March 3, 1955, both being filed with the Town Clerk, the same to be known as North


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Springfield Street, and that the cost of such construction be paid from funds already appropriated, with such assist- ance from the State and County funds as may be made available.


Mr. Hintze requested that this motion be withdrawn, and hearing no objection to this action from the floor the Moderator ruled the motion was withdrawn.


ARTICLE 1. (Springfield Street through Park) Motion was made and seconded that the Town accept as a public way an extension of Springfield Street, from Main Street easterly, through Crane Park to North Springfield Street, as laid out by the Board of Selectmen on February 23, 1955, and shown on a plan dated February, 1955, and also on a more comprehensive plan dated March 3, 1955, both being filed with the Town Clerk, and that the same be a continua- tion of Springfield Street, and approval is hereby given to the taking and use as a public way that portion of Crane Park, so called, as is included within the limits of such layout, and that the cost of such construction be paid from funds already appropriated, with such assistance from the State and County funds as may be made available.


A vote that action on this Article be taken by written ballot was opposed, and a voice vote opposed the main motion.


ARTICLE 3. (Burt Lane) Motion was made and seconded that the Town accept as a public way the private way now known as Burt Lane, extending easterly from Main Street, a distance of about 250 feet, as laid out by the Board of Selectmen on February 23, 1955, and shown on a plan dated February, 1955, and also on a more comprehensive plan dated March 3, 1955, both being filed with the Town Clerk, and that the same be called Burt Lane, and that the cost of such construction be paid from funds already appropri- ated, with such assistance from the State and County funds as may be made available.


The Finance Committee recommended that this road be accepted for a distance of 208.43 feet easterly from Main Street, as this road is one on which fire apparatus is housed.


A voice vote opposed this motion.


ARTICLE 5. (Woodland Dell Road) Motion was made and seconded to accept as a public way Woodland Dell Road as widened and laid out by the Board of Selectmen February 23, 1955, and shown on a plan dated February, 1955, and also on a more comprehensive plan dated March 3, 1955, both being filed with the Town Clerk, subject to the


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right of the present owner of the land necessary for the widening, to divert the bed of the brook, and that the same be known as Woodland Dell Road, and that the cost of such construction be paid from funds already appropriated, with such assistance from the State and County funds as may be made available.


The Planning Board recommended this action.


The Finance Board made the following statement: "Since Woodland Dell Road is already an accepted Town road and the Town is responsible for its upkeep, the Finance Com- mittee can see no harm in accepting the offer of land to widen this road to 50 feet to conform to modern standards. The present hardened surface can be widened to 18 feet without cutting down trees and at very minor expense to the Town. The soil taken out for widening can be used to fill the ditch along the south side, and Mr. Brooks has stated that he will divert the brook away from the high- way. Under the circumstances, we recommend that the Town vote to accept the additional land on each side of Woodland Dell Road."


A majority vote favored this action.


Mr. Robert A. Edwards moved the Town adopt a resolu- tion of the Planning Board, paying tribute to Mr. George B. Smith for his many years of service as Clerk of the Planning Board, and his contribution to sound planning in Wilbraham. This resolution was unanimously adopted.


The meeting adjourned at approximately 4:15 p.m.


Attest : Walter F. Berry


Town Clerk


Report of Special Town Meeting JUNE 7, 1955


In accordance with the warrant as posted, the voters of the Town assembled in the Wilbraham Memorial School Auditorium, Wilbraham.


The meeting was called to order by the Moderator, Mr. Frank Auchter, at 8:00 p.m., with 200 present.


ARTICLE 1. Voted by a majority to adopt the following by-law: "No person shall operate a motor boat or a boat propelled by an outboard motor on any lake or pond within


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the Town of Wilbraham, except at a safe and reasonable speed at all times, and no person shall operate a motor boat with open throttle within two hundred feet of the shore of any such lake or pond. A speed in excess of ten miles per hour shall be prima facie evidence of unsafe operation. Violations of this by-law shall be punished by a fine of not less than ten nor more than twenty dollars."




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