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HomeMy WebLinkAbout1939-01-30 Advisory Board 1959. Ernest G. Abbott, chairman Wendell M. Dillon Clarence Hutton Charles T. McCarthy John W. Perley Joseph D. Sullivan Fred D. Whittier TOWN WARRANT COMN0h~VEALTIt OF MASSACHUSETTS. Essex ss. To either of the Constables of the Town of North Andover: Greeting:- In the name of the Commonweakth of I~Iassachusetts, you are hereby directed to notify and warn the inhabitants of North Andover, qualified to vote in elections and tov~ affairs, to meet in the Engine House in voting precinct one, the~ Merrimack School- house in voting precinct two,the Union Schoolhouse in voting precinct three and the Tov~ Hall in voting precinct four, in said North Andover, on Monday the Sixth day of March 19~9, at nine o,clock in the forenoon, then and there to act upon the following articles: Article 1.. To elect a Moderator., To~rn Clerk, Town Treasurer, three Selectmen, three members of the Board Public Welfare, for one year; one Assessor of Taxes, one member of the School Committee, one member of the Board of Health, one member Board of Public Works for three years; a Highway Surveyor, a Collector of Taxes, an Auditor, a Tree Warden and five Constables for one year; also to elect a planning Board consisting of five members, for the terms of one, two, three four and five years, the term of each candidate to be determined by the number of votes he shall receive..i,the larger number of votes received to give the longer terms, and to vote upon any and all Tov~ Officers required by law to be elected by ballot. All to be vote~ for on one ballot. The polls shall be opened at nine~o'clock A. M. and shall be closed at eight o'clock Po Mo After final action on the preceding Article one, the said meeting shall stand adjourned by virtue of Section ~, Article l, of the Town By-Laws, to Saturday March 18, 19~9, at one thirty o'clock P. M., in the Town Hall, then and there to act upon the following articles:- Article 2. To elect all other officers not required by law to be elected by ballot. report of S~lectmen Article ~. To see if-the town will vote. to accept the the receipts and expenditures as presented~by the and Auditor.. Article 4. To see what action She town will take as to its unexpended appropriations. Article 8. To see what action the to~.m will take as to the reccomendations of the Finance Comuittee. Article 8. To see if the town will vote to authorize the To~'~ Treasurer, with the approval of the Selectmen,to borrow money from time to time in anticipation of the revenue of the financial year beginning January l, 19Z9, and to issue a note or notes there- for, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter ~A, General Laws. 468 WARRANT 19 3.___~9 Articlc V. To consider the report of all special committees. Article 8. To see what action the town will take in regard to appointing a committee to care for the public parks and triangles of the town. Petition of the Board of Selectmen. Article 9. To see if the town will vote to raise and appropriate the sum of five hundred dollars (8800.00) for the use of the Planning Board in connection with a W. P. A. Project, and one hundred dollars for incidental expenses. Petition Board of Selectmen. Article 10. To see if the town will vote to raise and appropriate a sum of five hundred dollars(~$00.00) for the cleaning painting and repairs in the Town Building. Petition Selectmen. Article 11. To see if the town will vote to raise and appropriate a sum of ~even hundred fifty dollars ($750.00) for a separate heating unit in the Police Station. Petition Selectmen. Article 12. To see if the town will raise and appropriate the sum of thirty-three thousand dollars (,$55,000.00) to carry on activities of the W. P. A. Work. Petition of the Selectmen. Article 13. To see if 'the town will raise and appropriat~ the sum of three hundred fifty dollars(S350.00) for a new Police Car. Petition of Alfred H. Mcgee. Article 14. To see if the tov~n will raise and appropriate the sum of four hundred dollars($~O0.00) for a newmotorcyle fully equipped to replace the present motorcycle which is eight years old. Petition of Alfred H. McKee,Chief of Police. Article 15. To see if the town will transfer from the Town Building appropriation $12,8.00,to the Assessors'appropriation, this money to pay for the clerk of the Board of Assessors. PetitiOn of Herbert T. Wild and others. Article 16. To ~ee if the to'~'m will vote to specify that the number of members of the Reserve Police Force in the Town shall .consist of twelve men, or such other number as the tov~n may determine at this meeting, in accordance with the provisions of Chapter l~V, section 13-A, of the General Laws,(Terr. Addition) Petition of ~ohn J. Roche and others. and Article l?. To see if the town will vote.· ~ petition the~ Massachusetts General Court to ab'olish the Reserv'e Police Force, in the Tova~ of North Andover, under Chapter 1~7, section l~-A of the General Laws, which the Attorney General says was established in l~ZJ,but was void because it did not specify in . the article, the number of me~.Petition of Thomas Gosselin and other~. Article 18. To see if the to~m will vote to direct the Selectmen to petition ~he Legislature for the enactment of the following statute: "An Act to make the provisions of Chapter ~l, of the General Laws and the rules and regulations made thereunder to hereafter apply to ~ames Hargreaves, the Chief of the Fire Department of the To~n of North Andover, without requiring him to take an examination." Petition of Isaac 0sgood ~nd others. Article 19. To see if the to~,~ will vote to install a street light on Upland Street between the residences of George Dunham and Merle ~!cArthur. Petition of Thomas Friend & others. Article 20. To see if the town will vote to appropriate a sufficient sum of m0ne~ to install one e~ectric light on pole number 28~0 , on Little Road. Petition of Robert Mc~urray and others. .69 TOW~; WARRANT 1939. Article 21. To see ii' the town will raise and appropriate a sum of money sufficient to extend the sewer, eight hundred feet (800)..on Massachusetts Avenue , from Linden Avenue. Petition of ~ohn.n. Munro and others. Article 22. To see if the tov~ will vote to extend its water works system from Great.Pond Road near the Intersection:of Brad- ford and Pond Streets, along Pond Street to the Boxford Town Line, a distance of about 880 feet, and raise and appropriate or other- wise provide a sum of money sufficient to pay for the same. Petition of ~elbert A. Arel and others. Article 23. To see if the town will vote to extend its water works system from Massachusetts Avenue, southerly along Chickerlng Road, for a distance of approximately 1380 feet, and raise and appropriate or otherwise make provision for the payment of the same. Petition of David Rennie and others. Article 24. To see if the town will vote to raise and appropriate a sum of money sufficient to extend the water service from Johnson Street through Mill Road to the residence of Charles W. Tucker and install a hydrant. Petition of Charles W. Tucker and others. Article 25. To see if the town will transfer the unexpe~ded appropriations under Article 50, Morris Street water; Article Morris Street sewer; Article 52, Railroad Avenue water; of the 1958 warrant of $900.00, $I~00.00, and $550.00 respectively to the Board of Public Works to be used in replacing, temporary. water lines on Bacon Avenue, Stevens Street and Wood Lane, and~ p~d~ridev~essary additional fire hydrants in various parts~ of the town with or without the assistance of the Works Progress Administration or other.such Federal Agency. Petition of the Bomrd of Public Works. Article 26. To see if the tov~ will vote to.raise and appropriate the s~m of seven hundred dollars($700.00)~, to purchase a one-half ton pickUup truck, for the use of the Highway Dept. Petition of the Highway Surveyor. Article 27. To see if the tc~n will vote to raise and appropriate the sum of thirty-five hundred dollars ($~500.00) to finish three hundred feet on Boxford Street and continue on Salem Street under Chapter 90, of the General Laws, said money to be used in conjunction with any money which may be alloted by the State or County or both, for this purpose; or take any other action in relation thereto. Pe$ition of the Highway Surveyor. Article 28. To see if the tov~ will vote to raise and appropriate the sum of seventy-five hundred dol].ars($7500.O0), to rebuild the center pqrtion of Main Street, with the assistance of the Works Progress~Administration or other such Pederal Agency. Petition of the Highway Surveyor. Article 29. To see if the town will vote for a compressor for the Highway Department and appropriate money for the smne. Petition of Fred Townsend and others. Article 30. To see if the town will vote to have Harwood Street resurfaced or improved by the Town of North Andover. Petition of George Townsend and others. Article 51. To see if 'the town will raise and appropriate a sufficient sum of money to gravel and oil two hundred(200) feet of Buckingham Road, running from Herrick Road to Lyman Street. Petition of Peter F. ?~ite and others. Article 32. To sea if the town will vote to accept two hundred(200) feet of Buckingham Road, running from Herrick Road to Lyman Street. Petition of Peter F. White and others. Article 35. To see ii' the town will vote to have Harwood Street accepted by the To~.~n of North Andover. Petition of George Townsend and others. TOWN WARRANT 1939 Article 54. To see iS the town will vote to accept Beverly Street from the corner of Harold Street, southerly to the land of the town, a distance of about 75 feet. Petition of Hildred Sharp and others. Article 38. To see whether the town will adopt the following By-law or some modification thereof for the purpose of regulat- ing billboards or othor outdoor advertising devices. Town B~-l~.Article No .... Re___~ulation of Advertisin. Signs and Billboards. Section 1. Statutory Authority. In pursuance of the authority granted to towns in Section 29 of Chapter 93 of the General Laws and pursuant'to all.other provisions of law, and without rel~xin~ any restrictions now imposed on outdoor advertising devices by ~,[~ i'. sections 29 to 33 inclusive of said chapter or by any lawful State regulation thereunder, such devices are hereby further' restricted in the Town of North Andover as provided in the following sections. ~ Section ~. Exemptions. This by-law shall not apply to signs or other devices in or over public ways,described in sections l, 2, or 8, of Chapter 88, General Laws, or to signs or other devices on or in the rollinE stock, stations, subways, or structures of or used by common carriers, except advertising devices on bridges or viaducts or abutements thereof. It shall not apply to any advertising device legally permitted and maintained on the date of the taking effect of this by-law, until one year after the first day of July next following said date. . Section 3. Definitions: "Advertising devices" shall mean billboards, painted bulletins, poster panels,,signs, placards, and any other outdoor units designed to call public attention to the matter displayed thereon. "Advertising sign" or "sign" s~all mean any outdoor advertising device. "Sign-board" shall mean any structure designed for displaying an outdoor advertisement. "Highway" or "street" shall mean any public way twenty feet or more in width. "Public park" shall mean a piece of public land of at least five thousand square feet set apart for beauty and public enjoyment. "Public reservation" shall mean a piece of public land set apart for recreational use, as a state or municipal forest, as a protection to a public water supply,as a memorial, or cemetery, or as a place of unusual scenic or historical interest. "Permitted" shall mean authorized by an official permit. "Display" shall mean to make or maintain visible from any highway, public park or reservation. "Area" of a sign or sign-board shall mean the area of the face viewof the entire device, including all attachments except supports and lattice at the bace thereof. "Residential district" shall mean any area zoned as residential. "Non-conformin~ business" shall mean a business located in a residentia], or rural district, other than such rural business as farmings'or the raising and sale on the same premises as farm~. garden or orchard prodncts. "Lawful sign" shall mean any outdoor advertising device not prohibited by any provision of law or by any lawful state regulation. 471 TOWN WARRANT 19~9 "Accessory sign" shall mean any outdoor advertising device which carries only advertisements strictly incidental and subordinate to a principal ~se of the premises on which it is located,including signs indicating business transacted or goods sold or produced on the premises or an occupan~ thereof, but not including any sign whO. ch is rented or controlled by any party except the owner or occupant of the premises. "Sign on a wall" shall mean a sihn closely attached throughout to and facing with that wall, or on a window or door therein. "Lot" shall mean a plot of ground containing and devoted to the purposes~of a building, or laid out to contain a building, with all required open spaces;or a tract of unbuilt, undivided land under one ownership. Section 4. Prohibitions. No person, firm,association or corporation, except the owner or a tenant occupant of the premises, shall be permitted or allowed to erect, ~isplay or ~ainbain any billboards or other outdoor advertising device thereon except in the pursuance of written authority from s~ch owner or tenant and unless either the name and ad~ress or the party holding such authority or a lawful permit number from the state licensing authority be displayed on such device. No billboard Or other outdoor advertising device shall be erected, displayed or maintained: (a) Upon any rock,'tree, fence or pole; (b) Within one hundred feet of any church,public building,monument or memorial, or within three hundred feet of any public park,play- ground or p~blic reservation,if within view from any pgrtion thereof; except that thi.s provision shall nog apply to accessory signs on the walls of buildings; (c) If it contains any obscene, indecent or Lm~oral matter; (d) Unless all parts and.attachments and the ground about the base thereof are kept in neat and safe condition. Section 5. General Restrictions: No advertising sign or signboard shall be permitted or allowed ~o be so lccated as to obstruct a view between any points on connecting streets within fifty feet of a corner of the rights of way; or co extend more than twenty feet above the surface on which it stands; or to obstruct any door, window or fire escape GU a building; or,if on a roof or wall of a building, to extend above the legal limit of height for such building or wall; or in a residential district, to extend more than six inches nearer to any boundry of the lot or premises on which it is located than it would be lawful to maintain a building~except as provided in paragraph (c) of section 6. Section 6. Restrictions in residential districts. No person, firm, association or corporation shall erect, display or maintain, or allow to be displayed or maintained on his or its property, in a residential district, any billboard or other, outdoor advertising device, except devices spgcified in paragraphs (a) (b) (c) and (d) of this section. (a) Any lawful accessory sign or signs not exceeding five square feet in aggregate area on any building or lot; or any lawful sign or si:ns advertising only the sale or rental of the premises, not. exceeding a total area'of ten square feet; or, on the premises of any public building,public recreation ground, farm garden, tree-nursery '. or forest, any lawful accessory signs not exceeding all together fifteen square Feet in area within the limits of said premises; or any lawful accessory signs on the front wall of any building occupied by a non-conforming business. (b) Any lawful sign displayed by the town, or any sign displayed by the United States, the state or the county relative to government business. (c~ At any boundry line of the town a lawful sign not exceeding five square feet in area indicating indicating the ~eetings of any civic organizations, located therein, a (d) On property owned or principally owned by/ religious, civic or charitable organization,association of war veterans or the like, any lawful accessory sign displayed by written permission of the Selectmen, with the approval of the inspector of buildings,if any, for a limited period not exceeding sixty days. 472 TOWN WARRANT 1939. Section V. Adminsitration. When ever notice of an application to a state authority for a permit for an advertising device to be erected or displayed in the town is r~ceived by the Town Clerk or any other town official, he shal~ immediately transmit it~to the Inspector of Buildings or other officer charged with the administration' of th~s by-law. Such officer, or, in the lack of other responsible officer, the To~rn Clerk shall thereupn make an examination of the case, and as promptly as possible, within thirty days of the receipt of the application by the town, shall send written notice to the state authority to whom the application is addressed, stating whether or not the proposed advertising device woul8 violate any provisions of this by-law, and, if he finds such violation, specifying what provisions would be violated. In case of such violation, he shall send like notice also to the applicant and to the o~rner or tenant of the proposed location or. the device. Any person desiring to erect a sign in the to?~nmay Tile a description thereof and of its proposed location with the officercharged with the enforcement of this by-law, who shall thereupon make an exmninatlon of the case and shall give written notice to the applicant whether or not the proposed advertising device would violate any provisions of this by-law, if so what provision. Said officer shall reserve for record all descrip- tions, notices of applicatlons~, letters and other papers received by him and copies of all notices issued and letters sen~ by him relating to out-door advertising. Section 8. Penalties and Enforcement. The Selectmen or. any other officer charged with the enforcement of this by-law shall, give written notice'of any violation of Sections~ 4~, $, or 6 of this by-law to the party violating the same aud To the owner or tenant of the property concerned,with orders to remove promptly any device in violation thereof, and shall cause any party who.continues such violation for fifteen days after such notice to be prosecute~; shall pursue aRpropriate legal processes~ to restrain the erection or maintenance of devices in violation of this by-law and to cause their removal or abatement in accordance with Chapter 93, section 29, 31 'and 33; and shall also notify the state regulatory authority of outdoor advertising of any known violations o~ lawful state regulations that come to his notice. Section 9. If any provisions of this by-law is declared unconstitutional or illegal by any court, the validity of the remaining provisions shall not be affected thereby. Section 10. No provision of this by-law, shall be construed in s~ch a manner as to be inconsistent with the rules and regulations now or hereafter in force, concerning outdoor advertising,of any state authority having jurisdiction. Article36. To act upon any other business which may. legally be considered at this meeting. And you are directed to serve this~warrant by posting true and attested copies thereo~ at the Town hall and at five or more public places in each voting precinct. Said copies halt be posted not more than fifteen days nor less than ten days before tbe time of holding said meeting. Hereof fail not and make due return of this warrant with your doings thereon, to the Town Clerk, at the time and place of holding said meeting. Given under our hands at North Andover this thirtieth day of January in the year of our Lord one and thirty-nine. Arthur A. Thomson Frank Hilton James P. Hainsworth thousand nine hundred Selectmen of North Andover. T0'~N WARRANT 1959 473 Officer's Return I havo notified the .inhabitants of the Town of North Andover, qualified to vote in Elections and Town Affairs, by posting true and attested copies of this warrant at the Towu Hall and at five or more public places in each voting precinct; said copies having been posted not more than fifteen days nor less than ten days before the time.of holding said meeting. North Andover, Mass., February 20, 1959. Augustine J. Walsh, Constable. ADDITIONAL TOWN MEETING SATURDAY MARCH 18~ 1939. WARRANT C0~0NWEALTH OF MASSACHUSETTS. Esse~ SS. To' either of the Constables of the Tovm of North Audover: Greeting:~ In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the To~.m of North Andover, qualified to vote in Tov~ Affairs, to meet in the Town Hall, in said North Andover, on Saturday, the eighteenth day of March, 1939, at two thirt.y o'clock P. M., then and there to act upon the followingbusiness:- Article 1. To see if the town will vote to appropriate a sum of money from the Highway Fund, provided by Chapte~ 2 of the · Acts of 1939, for any of the p~rposes authorized by said chapter. Article 2. To see if the to~cn will vote to raise and appropriate a sum of One thousand two hundred twenty-three dollars and forty-eight cents ($1223.48) , payable to the City of Lawrence as the town's fair share of ~he cost of securing a reduction in 1936,'of the per kilowatb hbur charge for electricity sold and delivered by the Lawrence Gas and Electric Company. And you are directed to serve this warrant by posting true and attested copies thereof at.the Town Hall and at five or more · public places in each voting precinct. Said copies to be posted not more than fifteen days nor less than ben days before the time of holding said meeting. Hereof ~ail not and make due return of this warrant with your doings thereon to the Town Clerk, at the time and place of said meeting. Given under our hands at North Andover, Massachusetts, this thirteenth day of February, in the year of our. Lord one thousand nine hundred thirty-nine. Arthur A. Thomson Selectmen Frank Hilton of James P. Hainsworth North Andover Officer's ~eturn. I have notified th8 inhabitants of the Town of North Andover, qualified to vote in ~lections and town affairs~ by posting true and attested copies of this warrant at the To~n Hall and at five or more public places in each voting precinct; said copies having been posted not. more than fifteen days nor less than ten days before the time of holding said meeting. Augustine J. Walsh Constable. North Andover, March ~ 1939.