To either of the Constables of the Town of Stoneham in the County of Middlesex,
Greeting:
In the name of the Commonwealth of Massachusetts, you are directed to notify and warn the inhabitants of the Town of Stoneham qualified to vote in elections and Town affairs to meet in the Town Hall, 35 Central Street, on
Monday, October 23, 2000
at 7:30 o’clock in the evening to act upon the following articles of this Warrant:
Agreeable to the warrant signed by the Selectmen on September 26, 2000 the inhabitants of the Town of Stoneham qualified to vote in elections and Town Affairs met in the Town Hall, 35 Central Street on Monday October 23, 2000 at 7:30 in the evening.
Tellers were appointed to check the names of the voters entering the Town Hall and the checklist showed 157 voters attended the meeting.
The meeting was called to order by the Moderator, Michael Rotondi, at 7:35 PM, and the warrant was read.
Boy Scout Troop 540 led the Pledge of Allegiance
Article 1. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by adding a new Section 4.15 as follows:
4.15 MEDICAL/ OFFICE DISTRICT
4.15.1 Purpose: The purpose of the Medical/ Office District is to provide an area for medical and related services, and to provide for a park-like development of general office, technological, and research related uses.
4.15.2 Uses related to the Medical/ Office District permitted with Site Plan Approval by the Board of Selectmen:
4.15.2.1 Elder congregate housing.
4.15.2.2 Hospital, related medical treatment, diagnostic care and services.
4.15.2.3 Health Care Practice and Services whether offered in an individual or group practice setting, including free standing and mobile diagnostic facilities.
4.15.2.4 Resident care living facility, including without limitation, nursing facility, assisted living facility, hospice care facility, and long term care facility.
4.15.2.5 Medical, Professional, Administrative, Executive or Management Offices.
4.15.2.6 Medical laboratories or clinics, dental laboratories or clinics.
4.15.2.7 Clinics licensed by the Department of Public Health or by the Department of Mental Health.
4.15.2.8 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district and are no greater than 5% of the gross floor area of the building in which the accessory use is located. Accessory uses greater than 5% of the gross floor area shall be allowed only with the grant of a Special Permit pursuant to Section 4.15.3.5. Further provided that there shall be no exterior advertising of accessory uses.
4.15.3 Uses Permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen after concurrent hearings held by the boards:
4.15.3.1 Medical schools, medical training facilities and training facilities for health professions.
4.15.3.2 General administrative office building or conference center.
4.15.3.3 Hotels including both full service and extended stay and related accessory uses in support of a hotel such as dining facilities, meeting rooms and shops wholly within the hotel building.
4.15.3.4 Research Laboratory engaged in any one of the following: research, experimental and testing activities, and production, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine and physics.
4.15.3.5 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district, including:
4.15.3.5.1 Restaurant, public dining room or lunch room, of which the gross floor area of said restaurant, public dining room or lunch room, shall not be greater than five thousand (5,000) square feet.
(2)
4.15.3.5.2 Multi-level parking facility including enclosed and open facilities and above and below ground.
4.15.3.5.3 Non-residential uses that provide services ancillary to uses permitted in the district including, without limitation maintenance shop, machine shop, water tower, steam plant and power plant.
And by adding to Section 5.2.1 “Table One-Dimensional Requirements” as follows:
Minimum Setback in feet
District |
Minimum lot Size in Square Feet |
Frontage and lot Width in Feet |
Percent Coverage |
Front |
Side |
Rear |
Height in Feet |
Medical/Office (14) |
130,000 |
150 |
Note (15) |
40 |
20(14) |
20(14) |
65(14) |
|
|
|
|
|
|
|
|
(14) For the Medical/Office District: 200 foot building setback and 80 foot parking setback from Woodland Road. For parking purposes, side and rear setbacks may be reduced to 10 feet by a Special Permit from the Planning Board. Height may be increased to 80 feet by Special Permit from Planning Board.
(15) Requirement of 30% landscaped land. Landscape plan to be submitted for Site Plan Approval.
Stoneham Planning Board
Article 1. VOTED that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by adding a new section 4.15 as follows:
4.15 MEDICAL/ OFFICE DISTRICT
4.15.1 Purpose: The purpose of the Medical/ Office District is to provide an area for medical and related services, and to provide for a park-like development of general office, technological, and research related uses.
4.15.2 Uses related to the Medical/ Office District permitted with Site Plan Approval by the Board of Selectmen:
4.15.2.1 Elder congregate housing.
4.15.2.2 Hospital, related medical treatment, diagnostic care and services.
4.15.2.3 Health Care Practice and Services whether offered in an individual or group practice setting, including free standing and mobile diagnostic facilities.
4.15.2.4 Resident care living facility, including without limitation, nursing facility, assisted living facility, hospice care facility, and long term care facility.
4.15.2.5 Medical, Professional, Administrative, Executive or Management Offices.
4.15.2.6 Medical laboratories or clinics, dental laboratories or clinics.
4.15.2.7 Clinics licensed by the Department of Public Health or by the Department of Mental Health.
4.15.2.8 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district and are no greater than 5% of the gross floor area of the building in which the accessory use is located. Accessory uses greater than 5% of the gross floor area shall be allowed only with the grant of a Special Permit pursuant to Section 4.15.3.5. Further provided that there shall be no exterior advertising of accessory uses.
4.15.3 Uses Permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen after concurrent hearings held by the boards:
4.15.3.1 Medical schools, medical training facilities and training facilities for health professions.
4.15.3.2 General administrative office building or conference center.
4.15.3.3 Hotels including both full service and extended stay and related accessory uses in support of a hotel such as dining facilities, meeting rooms and shops wholly within the hotel building.
4.15.3.4 Research Laboratory engaged in any one of the following: research, experimental and testing activities, and production, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine and physics.
4.15.3.5 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district, including:
4.15.3.5.2 Restaurant, public dining room or lunch room, of which the gross floor area of said restaurant, public dining room or lunch room, shall not be greater than five thousand (5,000) square feet.
4.15.3.5.2 Multi-level parking facility including enclosed and open facilities and above and below ground.
4.15.3.5.3 Non-residential uses that provide services ancillary to uses permitted in the district including, without limitation maintenance shop, machine shop, water tower, steam plant and power plant.
And by adding to Section 5.2.1 “Table One-Dimensional Requirements” as follows:
Minimum Setback in feet
District |
Minimum lot Size in Square Feet |
Frontage and lot Width in Feet |
Percent Coverage |
Front |
Side |
Rear |
Height in Feet |
Medical/Office (14) |
130,000 |
150 |
Note (15) |
40 |
20(14) |
20(14) |
65(14) |
|
|
|
|
|
|
|
|
(14) For the Medical/Office District: 200 foot building setback and 80 foot parking setback from Woodland Road. For parking purposes, side and rear setbacks may be reduced to 10 feet by a Special Permit from the Planning Board. Height may be increased to 80 feet by Special Permit from Planning Board.
(15) Requirement of 30% landscaped land. Landscape plan to be submitted for Site Plan Approval.
UNANIMOUS
Motion to Reconsider
Cannot be Reconsidered
Article 2. To see if the Town will vote to amend the Stoneham Town Code Chapter 15, the Zoning By-Law map by placing the following described lands in the Medical/Office District.
Beginning at a point on Woodland Road, thence turning and running,
S 66º 13'08" E by land of the MDC, a distance of two hundred five and ninety-three hundredths (205.93) feet; thence turning and running,
S 04º 17'52" W by land of the MDC, a distance of two hundred one (201.00) feet; thence turning and running,
S 77º 27'08" E by land of the MDC, a distance of two hundred sixty-one (261.00) feet; thence turning and running,
S 44º 33'08" E by land of the MDC, a distance of one hundred twenty-five (125.00) feet; thence turning and running,
S 06º 03' 08" E by land of the MDC, a distance of sixty-seven and thirty-five hundredths (67.35) feet; thence turning and running,
S 63º 33' 08" E by land of the MDC, a distance of five hundred eighty-six and thirty-five hundredths (586.35) feet; thence turning and running,
S 71º 01' 08" E by land of the MDC, a distance of one hundred fifty and forty-four hundredths (150.44) feet; thence turning and running,
S 15º 55'52" W by land of the MDC, a distance of nine hundred fifty-nine and two hundredths (959.02) feet; thence turning and running,
S 22º 14'52" W by land of the MDC, a distance of two hundred seventy-five and thirty-nine hundredths (275.39) feet; thence turning and running,
N 67º 45'08" W by land of the MDC, a distance of two hundred fourteen and sixty hundredths (214.60) feet; thence turning and running,
S 22º 14'52" W by land of the MDC, a distance of twenty-seven and ninety hundredths (27.90) feet; thence turning and running,
N 71º 04' 53" W by land of the MDC, a distance of two and twenty hundredths (2.20) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of 1079.00 feet a distance of two hundred seventy-seven and ninety hundredths (277.90) feet; thence turning and running,
N 85º 50' 08" W by land of the MDC, a distance of two hundred seventy (270.00) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of seven hundred one and fifty hundredths (701.50) feet a distance of one hundred eighty-five (185.00) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of one hundred eighty-four and fourteen hundredths (184.14) feet a distance of seventy-five and sixty hundredths (75.60) feet;
N 47º 12' 08" W by land of the MDC, a distance of ninety-seven and seventy-eight hundredths (97.78) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of four hundred fifty-five and sixty-three hundredths (455.63) feet a distance of one hundred twelve and fifty-nine hundredths (112.59) feet; thence turning and running
N 61º 21' 38" W by land of the MDC, a distance of twenty-five (25.00) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of six hundred ninety and twenty-two hundredths (690.22) feet a distance of sixty-two and one hundredths (62.01) feet; thence turning and running
N 56º 13'08" W by land of the MDC, a distance of fifty-nine and eighty hundredths (59.80) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of one hundred and two hundredths (100.02) feet a distance of fifteen and seventy-three hundredths (15.73) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of three hundred eighty-nine and ninety hundredths (389.90) feet a distance of two hundred fourteen and thirty hundredths (214.30) feet; thence turning and running
N 78º 42'38" W by land of the MDC, a distance of twenty-eight and ninety hundredths (28.90) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of ten (10.00) feet a distance of twenty-four and eighty hundredths (24.80) feet
N 63º 07'52" E by Woodland Road, a distance of fifty-six and ninety hundredths (56.90) feet; thence turning and running,
N 55º 02' 52" E by Woodland Road, a distance of forty-nine and forty hundredths (49.40) feet; thence turning and running,
N 42º 51' 52" E by Woodland Road, a distance of eighty-five and eighty hundredths (85.80) feet; thence turning and running,
N 36º 40' 04" E by Woodland Road, a distance of one hundred ninety and eighty-four hundredths (190.84) feet; thence turning and running,
N 58º 46'43" E by Woodland Road, a distance of thirty-two and twenty-six hundredths (32.26) feet; thence turning and running,
N 52º 32'52" E by Woodland Road, a distance of one hundred twenty-eight and one hundredths (128.01) feet; thence turning and running,
N 29º 10'52" E by Woodland Road, a distance of seventy-eight and thirty-eight hundredths (78.38) feet; thence turning and running,
N 16º 26' 52" E by Woodland Road, a distance of two hundred fifty-four and eleven hundredths (254.11) feet; thence turning and running,
N 20º 48' 32" E by Woodland Road, a distance of four hundred eighty-seven and fifty-three hundredths (487.53) feet; thence turning and running,
N 04º 16' 52" E by Woodland Road, a distance of two hundred eighty-three and seventy-eight hundredths (283.78) feet; thence turning and running,
N 11º 40' 08" W by Woodland Road, a distance of twenty and fifteen hundredths (20.15) feet to the point and place of the beginning
Being shown as Lots E and F on plan #881 of 1995 recorded at Middlesex South District
Registry of Deeds and at Book 25711, Page 144 at Middlesex South District Registry of Deeds.
Stoneham Planning Board
Article 2. Voted that the Town amend the Stoneham Town Code Chapter 15, the Zoning Bylaw map by placing the following described lands in the Medical/Office District.
Beginning at a point on Woodland Road, thence turning and running,
S 66º 13'08" E by land of the MDC, a distance of two hundred five and ninety-three hundredths (205.93) feet; thence turning and running,
S 04º 17'52" W by land of the MDC, a distance of two hundred one (201.00) feet; thence turning and running,
S 77º 27'08" E by land of the MDC, a distance of two hundred sixty-one (261.00) feet; thence turning and running,
S 44º 33'08" E by land of the MDC, a distance of one hundred twenty-five (125.00) feet; thence turning and running,
S 06º 03' 08" E by land of the MDC, a distance of sixty-seven and thirty-five hundredths (67.35) feet; thence turning and running,
S 63º 33' 08" E by land of the MDC, a distance of five hundred eighty-six and thirty-five hundredths (586.35) feet; thence turning and running,
S 71º 01' 08" E by land of the MDC, a distance of one hundred fifty and forty-four hundredths (150.44) feet; thence turning and running,
S 15º 55'52" W by land of the MDC, a distance of nine hundred fifty-nine and two hundredths (959.02) feet; thence turning and running,
S 22º 14'52" W by land of the MDC, a distance of two hundred seventy-five and thirty-nine hundredths (275.39) feet; thence turning and running,
N 67º 45'08" W by land of the MDC, a distance of two hundred fourteen and sixty hundredths (214.60) feet; thence turning and running,
S 22º 14'52" W by land of the MDC, a distance of twenty-seven and ninety hundredths (27.90) feet; thence turning and running,
N 71º 04' 53" W by land of the MDC, a distance of two and twenty hundredths (2.20) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of 1079.00 feet a distance of two hundred seventy-seven and ninety hundredths (277.90) feet; thence turning and running,
N 85º 50' 08" W by land of the MDC, a distance of two hundred seventy (270.00) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of seven hundred one and fifty hundredths (701.50) feet a distance of one hundred eighty-five (185.00) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of one hundred eighty-four and fourteen hundredths (184.14) feet a distance of seventy-five and sixty hundredths (75.60) feet;
N 47º 12' 08" W by land of the MDC, a distance of ninety-seven and seventy-eight hundredths (97.78) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of four hundred fifty-five and sixty-three hundredths (455.63) feet a distance of one hundred twelve and fifty-nine hundredths (112.59) feet; thence turning and running
N 61º 21' 38" W by land of the MDC, a distance of twenty-five (25.00) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of six hundred ninety and twenty-two hundredths (690.22) feet a distance of sixty-two and one hundredths (62.01) feet; thence turning and running
N 56º 13'08" W by land of the MDC, a distance of fifty-nine and eighty hundredths (59.80) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of one hundred and two hundredths (100.02) feet a distance of fifteen and seventy-three hundredths (15.73) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of three hundred eighty-nine and ninety hundredths (389.90) feet a distance of two hundred fourteen and thirty hundredths (214.30) feet; thence turning and running
N 78º 42'38" W by land of the MDC, a distance of twenty-eight and ninety hundredths (28.90) feet; thence turning and running,
Northwesterly by land of the MDC along a curved line with a radius of ten (10.00) feet a distance of twenty-four and eighty hundredths (24.80) feet
N 63º 07'52" E by Woodland Road, a distance of fifty-six and ninety hundredths (56.90) feet; thence turning and running,
N 55º 02' 52" E by Woodland Road, a distance of forty-nine and forty hundredths (49.40) feet; thence turning and running,
N 42º 51' 52" E by Woodland Road, a distance of eighty-five and eighty hundredths (85.80) feet; thence turning and running,
N 36º 40' 04" E by Woodland Road, a distance of one hundred ninety and eighty-four hundredths (190.84) feet; thence turning and running,
N 58º 46'43" E by Woodland Road, a distance of thirty-two and twenty-six hundredths (32.26) feet; thence turning and running,
N 52º 32'52" E by Woodland Road, a distance of one hundred twenty-eight and one hundredths (128.01) feet; thence turning and running,
N 29º 10'52" E by Woodland Road, a distance of seventy-eight and thirty-eight hundredths (78.38) feet; thence turning and running,
N 16º 26' 52" E by Woodland Road, a distance of two hundred fifty-four and eleven hundredths (254.11) feet; thence turning and running,
N 20º 48' 32" E by Woodland Road, a distance of four hundred eighty-seven and fifty-three hundredths (487.53) feet; thence turning and running,
N 04º 16' 52" E by Woodland Road, a distance of two hundred eighty-three and seventy-eight hundredths (283.78) feet; thence turning and running,
N 11º 40' 08" W by Woodland Road, a distance of twenty and fifteen hundredths (20.15) feet to the point and place of the beginning
Being shown as Lots E and F on plan #881 of 1995 recorded at Middlesex South District
Registry of Deeds and at Book 25711, Page 144 at Middlesex South District Registry of Deeds.
UNANIMOUS
Reconsideration
Cannot be Reconsidered
Article 3. To see if the Town will vote to amend the Stoneham Town Code Chapter 15, the Zoning By-Law map by adding to the Wireless Service Facilities Overlay District, all parcels of land contained in the Medical/Office District.
Stoneham Planning Board
Article 3. Voted that the Town amend the Stoneham Town Code Chapter 15, the Zoning Bylaw map by adding to the Wireless Services Facilities Overlay District, all parcels of land contained in the Medical/Office District.
Motion passes UNANIMOUS
Reconsideration
Cannot be reconsidered
Article 4. To see if the Town will vote to discharge and release the Restrictive Covenant imposed on October 20, 1997, on the property known and numbered as 128-136 Franklin Street, Stoneham, Middlesex County, MA, by the Grantors for the benefit of the Grantors and the inhabitants of the Town of Stoneham, acting through its Planning Board, as recorded with the Middlesex South Registry of Deeds at Book 27933, Page 517, and authorize and instruct the Chairman of the Planning Board to execute a discharge and release of the Restrictive Covenant on behalf of the Town of Stoneham.
Stoneham Planning Board
Article 4. Voted that the Town discharge and release the Restrictive Covenant imposed on October 30, 1997, on the property known and numbered as 128-136 Franklin Street, Stoneham, Middlesex County, MA, by the Grantors for the benefit of the Grantors and the inhabitants of the Town of Stoneham, acting through its Planning Board, as recorded with the Middlesex South Registry of Deeds at Book 27933, Page 517, and authorize and instruct the Chairman of the Planning Board to execute a discharge and release of the Restrictive Covenant on behalf of the Town of Stoneham.
UNANIMOUS
Article 5. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for a donation to the World War II Memorial in Washington D.C. or do anything in relation thereto.
Board of Selectmen
Article 5. Voted that the Town transfer from surplus revenue the sum of $22,300 for a donation to the World War II Memorial in Washington D.C.
Motion Passes
Motion Reconsideration
Cannot be reconsidered
Article 6. To see if the Town will vote to petition the General Court to amend Section 13 of the Special Act entitled “Selectmen-Administrator Act” as codified in Chapter 26 of the Acts and Resolves of 1981 by adding an additional section that states that the Board of Health, not the Town Administrator, shall appoint their agents, assistants and other employees.
Board of Health
Article 6. Voted that the subject matter on Article 6 be indefinitely postponed
Motion to Indefinitely postpone
Article indefinitely postponed
Article 7. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning By-Law, by adding to Section 4.1.6 Uses Prohibited in All Districts, a new Section 4.1.6.10 as follows:
4.1.6.10 Pawnbrokers.
Stoneham Planning Board
Article 7. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, by adding to Section 4.1.6 Uses Prohibited in all Districts, a new Section 4.1.6.10 as follows: 4.1.6.10 Pawnbrokers
UNANIMOUS
Article 8. To see if the Town will vote to amend the Stoneham Town Code, Chapter 7, Junk and Secondhand Articles, by deleting Sections 7-1 through 7-9 and substituting the following:
Sec. 7_1. Dealers and shopkeepers__License required.
(a) All dealers in and keepers of shops for the purchase, sale or barter of secondhand articles, junk and old metals shall be licensed by the Board of Selectmen prior to engaging in said activity and shall comply with these bylaws and any rules and regulations promulgated by the Board of Selectmen.
Applications for new licenses and renewal licenses shall be made in writing to
the Board of Selectmen, with a copy provided to the Stoneham Police Department, on forms
provided for this purpose by the Town. Each application shall state the specific place of
business (“location”) at which the licensed activity(s) shall take place. Each license granted
(5)
shall be issued on a location specific basis. No license shall be granted without a specific
place of business which is in compliance with applicable zoning bylaws, however the grant
of a license shall not be evidence or proof of zoning compliance.
(c) Upon approval, a license shall be issued and shall continue in effect, unless sooner revoked by the Board of Selectmen, until April 30th next following. No license may be transferred or assigned.
(d) The license shall be clearly and prominently displayed in a suitable and conspicuous place within the shop.
Sec. 7_2. Definitions.
Secondhand dealer means any person conducting the business of buying,
obtaining, acquiring, receiving, selling, exchanging, dealing in or dealing with secondhand personal property (hereinafter also referred to as an “article”), including, but not limited to
jewelry; diamonds; precious or semi-precious stones or gems; precious or semiprecious metals; watches; musical instruments and equipment; cameras; furs; figurines; home and motor vehicle stereo equipment; cellular phones; televisions; radios; video cassette players and recorders; tools; computers and computer equipment; electronic devices and equipment; and motor vehicle accessories, but not including motor vehicles; second hand clothing other than furs; sporting goods; antiques, other than jewelry, watches, diamonds, precious or semi-precious stones or gems, precious or semiprecious metals and figurines, which are at least ten (10) years old; and articles which are part of an estate or administrative sale. The Board of Selectmen may add or delete from the list of articles listed herein by regulation adopted
pursuant to Chapter 140, Section 54 of the General Laws.
(b) Junk dealer means any person conducting the business of buying, obtaining,
acquiring, receiving, selling, exchanging, dealing in or dealing with junk.
(c) Old metal dealer means any person conducting the business of buying, obtaining,
acquiring, receiving, selling, exchanging, dealing in or dealing with old metals.
Person means an individual, firm, partnership, corporation, business trust, estate, partnership association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.
Sec. 7_3. Same__Records of purchases: Transaction Record.
(a) Every secondhand dealer, junk dealer and old metal dealer upon the acquisition, regardless of the manner of acquisition, of any article, good or item subject to licensing hereunder shall prepare a transaction record upon a form approved by the Board of Selectmen or its designee, stating:
i the full name, current address, date of birth and driver’s license number of the seller;
ii. the date and time of transaction;
iii. a full, detailed and accurate description (including make, model, serial numbers, distinguishing marks or engravings) of each article;
iv. the amount paid for each article, and;
v. the name of the employee or person receiving the item.
(b) Each seller shall sign their name on the transaction record.
(c) The secondhand dealer shall attach a photocopy of the seller’s identification, which shall be a photo identification issued by a government agency (i.e. drivers license, liquor identification card, passport, etc.) to the transaction record.
(d) Jewelry; diamonds; precious or semi-precious stones or gems; precious or semiprecious metals; watches; and figurines shall be photographed or photocopied in reasonable detail. Said photograph shall accurately and clearly represent the article.
The dealer shall maintain the original transaction record and all photographs for
a minimum of three (3) years)
With respect to secondhand articles, one clear copy of each transaction record, and photograph (if applicable) shall be delivered to the Stoneham Police Department by 12:00 noon, the following business day.
(6)
All transaction records shall be open to inspection by the Chief of Police or any officer or person duly authorized by him, or any other person authorized under law.
Sec. 7_4. Same__Records of purchases: Book.
Each secondhand dealer shall also record each transaction, with the
information required pursuant to Section 7-3 in a bound book with consecutively numbered pages. The book shall be of a size and style approved by the Chief of Police or his designee. All entries shall be in ink, legible, written in English and assigned a number. The
corresponding number shall be attached to the item. No entry in the book shall be erased, obliterated, altered or defaced.
The transaction book shall at all reasonable times be open to the inspection
by the Chief of Police or any officer or person duly authorized by him, or any other person authorized under law. The transaction books shall be kept for a minimum of three (3) years after the secondhand dealer last does business in the Town of Stoneham.
Sec. 7_5. Same--Notification to police regarding possible stolen property.
Secondhand article, junk and old metal dealers shall immediately notify the Stoneham Police Department upon receiving an article which is questionable as to its status of being stolen or not, and shall make such article available for identification by an officer of the Police Department.
Sec. 7_6. Same__Receipt of articles from minor.
No secondhand, junk or old metal dealer or any employee or agent of such a dealer shall directly or indirectly purchase or receive by way of barter or exchange any article secondhand articles, junk or old metals from a minor.
Sec. 7_7. Same--Holding period before sale.
(a) No secondhand article shall be sold, encumbered by sales contract, or otherwise disposed of, or altered in its appearance, within thirty (30) days of purchase, unless the dealer is granted permission, in writing, from the Chief of Police or his designee, but in any case, not within forty-eight (48) hours from the time of purchase. With respect to any secondhand article for which permission is granted by the Chief of Police pursuant to this subparagraph, the person buying or otherwise receiving said article shall complete a transaction record upon a form approved by the Board of Selectmen or its designee which provides the information required pursuant to Section 7.3(a) above as applicable to a person buying or receiving a secondhand article.
All items purchased shall remain on the premises during the waiting period;
items shall not be placed on the sales floor until the waiting period has expired, unless the item is clearly marked with the corresponding transaction number and the sales release date based on the time frame as specified in subparagraph (a), above.
The following are exempt from the holding period requirement of this
Section 7-7: auction purchases, estate purchases from an executor/executrix or administrator/ administratrix where the purchase is accompanied by written proof of said position.
Sec. 7_8. Same__Examination of articles and shop.
Any shop described or governed by Section 7_1 and all secondhand goods, old metals and/or junk therein may at all times be examined by a person authorized in writing by the Chief of Police to make such examination.
Sec. 7_9. Removal of articles by police officers.
(a) If the Stoneham Police Department determines that a secondhand good, old metal or junk article(s) is needed for evidence in a criminal investigation, a Stoneham Police officer may seize that evidence, subject to applicable criminal procedures, if any. The secondhand dealer, old metal dealer or junk dealer shall be issued a receipt for the article(s).
The Stoneham Police Department may keep seized articles, subject to a
courts direction, if any, as long as necessary to permit the article to be used as evidence and for such reasonable time thereafter as needed to best determine, if possible, the person(s), if any, lawfully entitled to said property.
Sec. 7_10. Rules and Regulations.
The Board of Selectmen may adopt rules and regulations governing the issuance and conduct of business for secondhand, junk and old metal dealers pursuant to the authority granted by Chapter 140, Section 54 of the General Laws and/or pursuant to the authority granted by this Section 7-10.
Sec. 7_11. License suspension and/or revocation.
Any license issued hereunder may be suspended or revoked, after a hearing, for cause or violation of these bylaws or rules or regulations promulgated pursuant to Section 7.10.
Sec. 7_12. Enforcement and Penalties.
In addition to any other enforcement or penalty allowed under state law or Town bylaw, including, but not limited to, that provide pursuant to Section 1-4 of these Bylaws violation of this bylaw or any rules and regulations promulgated pursuant thereto, may be enforced by non-criminal disposition, by any police officer in the manner provided by General Laws, Chapter 40, Section 21D and Section 1-4 of these Bylaws. The specific non-criminal disposition penalty which shall apply to a violation of this bylaw shall be as follows:
First offense within a twenty-four month period - $50.00
Second offense within a twenty-four month period - $100.00
Third and subsequent offense within a twenty-four month period - $300.00
Each day a violation continues shall be a separate violation/offense subject to another fine.
And to further re-number the current Section 7-10 (“Flea market”) as Section 7-13 and re-number Section 7-11 (“Automatic amusement devices”) as Section 7-14.
If any provision of this article is held invalid by any court or body of competent jurisdiction, it shall not affect the validity or application of the remainder of the article.
Or do anything in relation thereto.
Eugene M. Passaro
Chief of Police
Article 8. Voted that the Town amend the Stoneham Town Code, Chapter 7, Junk and Secondhand Articles, by deleting Sections 7-1 through 7-9 and substituting Sections 7-1 through 7-12 as follows:
Sec. 7_1. Dealers and shopkeepers__License required.
(a) All dealers in and keepers of shops for the purchase, sale or barter of secondhand articles, junk and/or old metals shall be licensed by the Board of Selectmen prior to engaging in said activity and shall comply with these bylaws and any rules and regulations promulgated by the Board of Selectmen.
(b) Applications for new licenses and renewal licenses shall be made in writing to the Board of Selectmen, with a copy provided to the Stoneham Police Department, on forms provided for this purpose by the Town. Each application shall state the specific place of business (“location”) at which the licensed activity(s) shall take place. Each license granted shall be issued on a location specific basis. No license shall be granted without a specific place of business which is in compliance with applicable zoning bylaws, however the grant of a license shall not be evidence or proof of zoning compliance.
(c) Upon approval, a license shall be issued and shall continue in effect, unless sooner revoked by the Board of Selectmen, until April 30th next following. No license may be transferred or assigned.
(d) The license shall be clearly and prominently displayed in a suitable and conspicuous place within the shop.
Sec. 7_2. Definitions.
(a) Secondhand dealer means any person conducting the business of buying,
obtaining, acquiring, receiving, selling, exchanging, dealing in or dealing with secondhand personal property (hereinafter also referred to as an “article”), including, but not limited to
jewelry; diamonds; precious or semi-precious stones or gems; precious or semiprecious metals; watches; musical instruments and equipment; cameras; furs; figurines; home and motor vehicle stereo equipment; cellular phones; televisions; radios; video cassette players and recorders; tools; computers and computer equipment; electronic devices and equipment; and motor vehicle accessories, but not including motor vehicles; second hand clothing other than furs; sporting goods; antiques, other than jewelry, watches, diamonds, precious or semi-precious stones or gems, precious or semiprecious metals and figurines, which are at least ten (10) years old; and articles which are part of an estate or administrative sale or an auction. The Board of Selectmen may add or delete from the list of articles listed herein by
regulation adopted pursuant to Chapter 140, Section 54 of the General Laws.
(b) Junk dealer means any person conducting the business of buying, obtaining,
acquiring, receiving, selling, exchanging, dealing in or dealing with junk.
(c) Old metal dealer means any person conducting the business of buying, obtaining, acquiring, receiving, selling, exchanging, dealing in or dealing with old metals.
(d) Person means an individual, firm, partnership, corporation, business trust, estate, partnership association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.
(e) Conducting the business means that twenty-five percent (25%) or more of the revenues derived by the person at the location or twenty-five percent (25%) of the net floor area of the location arises from the purchase, sale or barter of secondhand articles, junk and/or old metals
Sec. 7_3. Same__Records of purchases: Transaction Record.
(a) Every secondhand dealer, junk dealer and old metal dealer upon the acquisition, regardless of the manner of acquisition, of any article, good or item subject to licensing hereunder shall prepare a transaction record upon a form approved by the Board of Selectmen or its designee, stating:
i the full name, current address, date of birth and driver’s license number of the seller;
ii. the date and time of transaction;
iii. a full, detailed and accurate description (including make, model, serial numbers, distinguishing marks or engravings) of each article;
iv. the amount paid for each article, and;
v. the name of the employee or person receiving the item.
(b) Each seller shall sign their name on the transaction record.
(c) The secondhand dealer shall attach a photocopy of the seller’s identification, which shall be a photo identification issued by a government agency (i.e. drivers license, liquor identification card, passport, etc.) to the transaction record.
(d) Jewelry; diamonds; precious or semi-precious stones or gems; precious or semiprecious metals; watches; and figurines shall be photographed or photocopied in reasonable detail. Said photograph shall accurately and clearly represent the article.
The dealer shall maintain the original transaction record and all
photographs for a minimum of three (3) years)
With respect to secondhand articles, one clear copy of each transaction
record, and photograph (if applicable) shall be delivered to the Stoneham Police Department by 12:00 noon, the following business day.
(g) All transaction records shall be open to inspection by the Chief of Police or any officer or person duly authorized by him, or any other person authorized under law.
Sec. 7_4. Same__Records of purchases: Book.
Each secondhand dealer shall also record each transaction, with the
information required pursuant to Section 7-3 in a bound book with consecutively numbered pages. The book shall be of a size and style approved by the Chief of Police or his designee. All entries shall be in ink, legible, written in English and assigned a number. The
corresponding number shall be attached to the item. No entry in the book shall be erased, obliterated, altered or defaced.
The transaction book shall at all reasonable times be open to the inspection
by the Chief of Police or any officer or person duly authorized by him, or any other person authorized under law. The transaction books shall be kept for a minimum of three (3) years after the secondhand dealer last does business in the Town of Stoneham.
Sec. 7_5. Same--Notification to police regarding possible stolen property.
Secondhand article, junk and old metal dealers shall immediately notify the Stoneham Police Department upon receiving an article which is questionable as to its status of being stolen or not, and shall make such article available for identification by an officer of the Police Department.
Sec. 7_6. Same__Receipt of articles from minor.
No secondhand, junk or old metal dealer or any employee or agent of such a dealer shall directly or indirectly purchase or receive by way of barter or exchange any article secondhand articles, junk or old metals from a minor.
Sec. 7_7. Same--Holding period before sale.
(a) No secondhand article shall be sold, encumbered by sales contract, or otherwise disposed of, or altered in its appearance, within thirty (30) days of purchase, unless the dealer is granted permission, in writing, from the Chief of Police or his designee, but in any case, not within forty-eight (48) hours from the time of purchase. With respect to any secondhand article for which permission is granted by the Chief of Police pursuant to this subparagraph, the person buying or otherwise receiving said article shall complete a transaction record upon a form approved by the Board of Selectmen or its designee which provides the information required pursuant to Section 7.3(a) above as applicable to a person buying or receiving a secondhand article.
(b) All items purchased shall remain on the premises during the waiting period;
items shall not be placed on the sales floor until the waiting period has expired, unless the item is clearly marked with the corresponding transaction number and the sales release date based on the time frame as specified in subparagraph (a), above.
The following are exempt from the holding period requirement of this
Section 7-7: auction purchases, estate purchases from an executor/executrix or administrator/administratrix where the purchase is accompanied by written proof of said position.
Sec. 7_8. Same__Examination of articles and shop.
Any shop described or governed by Section 7_1 and all secondhand goods, old metals and/or junk therein may at all times be examined by a person authorized in writing by the Chief of Police to make such examination.
Sec. 7_9. Removal of articles by police officers.
(a) If the Stoneham Police Department determines that a secondhand good, old metal or junk article(s) is needed for evidence in a criminal investigation, a Stoneham Police officer may seize that evidence, subject to applicable criminal procedures, if any. The secondhand dealer, old metal dealer or junk dealer shall be issued a receipt for the article(s).
(b) The Stoneham Police Department may keep seized articles, subject to a
courts direction, if any, as long as necessary to permit the article to be used as evidence and for such reasonable time thereafter as needed to best determine, if possible, the person(s), if any, lawfully entitled to said property.
Sec. 7_10. Rules and Regulations.
The Board of Selectmen may adopt rules and regulations governing the issuance and conduct of business for secondhand, junk and old metal dealers pursuant to the authority granted by Chapter 140, Section 54 of the General Laws and/or pursuant to the authority granted by this Section 7-10.
Sec. 7_11. License suspension and/or revocation.
Any license issued hereunder may be suspended or revoked, after a hearing, for cause or violation of these bylaws or rules or regulations promulgated pursuant to Section 7.10.
Sec. 7_12. Enforcement and Penalties.
In addition to any other enforcement or penalty allowed under state law or Town bylaw, including, but not limited to, that provided pursuant to Section 1-4 of these Bylaws violation of this bylaw or any rules and regulations promulgated pursuant thereto, may be enforced by non-criminal disposition, by any police officer in the manner provided by General Laws, Chapter 40, Section 21D and Section 1-4A of these Bylaws. The specific non-criminal disposition penalty which shall apply to a violation of this bylaw shall be as follows:
First offense within a twenty-four month period - $50.00
Second offense within a twenty-four month period - $100.00
Third and subsequent offense within a twenty-four month period - $300.00
Each day a violation continues shall be a separate violation/offense subject to another fine. The enforcement of this bylaw by non-criminal disposition as described herein shall be added to the list of bylaws so enforced and designated in section 1-4A of these Bylaws.
And to further re-number the current Section 7-10 (“Flea market”) as Section 7-13 and re-number Section 7-11 (“Automatic amusement devices”) as Section 7-14.
If any provision of this article is held invalid by any court or body of competent jurisdiction, it shall not affect the validity or application of the remainder of the article.
Or do anything in relation thereto.
Motion passes
Article 9. To see if the town will vote to amend the Stoneham Town Code, Chapter 2,
Town Meeting By-Law; by changing Section 2-3.1 text to read as follows:
A special town meeting shall be held in October of each year on a date to be set by the Board of Selectmen. The warrant for the October meeting, or for any other special town meeting, shall be open for the insertion of articles for a period of not less than fourteen (14) days and shall be closed at least four (4) weeks prior to the scheduled town meeting date. Notice of the warrant open and close dates shall be published in some newspaper in the town within seven (7) days after the warrant is open.
John M. DeGeorge et al
148 Franklin Street
Article 9. Voted that the Town amend the Stoneham Town Code, Chapter 2, Town Meeting By-Law; by deleting Section 2-3-1 and inserting the following:
A special town meeting shall be held in October of each year on a date to be set by the Board of Selectmen. The warrant for the October meeting, or for any other special town meeting, shall be open for the insertion of articles for a period of not less than fourteen (14) days and shall be closed at least four (4) weeks prior to the scheduled town meeting date. Notice of the warrant open and close dates shall be published in some newspaper in the town within seven (7) days after the warrant is open.
Amendment – Al Conti
Move to amend the motion by striking the words “or for any other special town meeting” from the 2nd sentence and adding after the warrant is open “The following: all other special town meeting shall be open for the insertion of articles for a period of not less than 7 days and shall be closed at least 2 weeks prior to scheduled town meeting date with notice of the open and close date in some newspaper within the town published within 7 days after the warrant is open.”
Vote on amendment
Passes
Main motion as amended
Passes
Reconsideration
Cannot be reconsidered
Article 10. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to pay prior fiscal year bills, or do anything in relation thereto.
Board of Selectmen
Article 10. Voted that the Town transfer from surplus revenue the amount of $994 to pay prior fiscal year bills.
PASSES
Article 11. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $130,500 for the purchase of instructional materials and textbooks and further to rescind the authorization to borrow the sum of $130,500 for said purpose(s) voted under Article 22 of the May 2000, Annual Town Meeting, or do anything in relation thereto.
Board of Selectmen
Article 11. Voted that the Town transfer from surplus revenue the sum of $130,500 for the purchase of instructional materials and textbooks and further to rescind the authorization to borrow the sum of $130,500 for said purpose(s) voted under Article 22 of the May 2000, Annual Town Meeting.
PASSES
Article 12. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $125,000 for technology improvements for the School Department and further to rescind the authorization to borrow the sum of $125,000 for said purpose(s) voted under Article 21 of the May 2000, Annual Town Meeting, or do anything in relation thereto.
Board of Selectmen
Article 12. Voted that the Town transfer from surplus revenue the sum of $125,000 for technology improvements for the School Department and further to rescind the authorization to borrow the sum of $125,000 for said purpose(s) voted under Article 21 of the May 2000, Annual Town Meeting.
PASSES
Article 13. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $60, 275 for the purchase of a Zamboni machine for the Ice Arena and further to rescind the vote to borrow the sum of $60,275 for said purpose voted under Article 20 of the May 2000 Annual Town Meeting, or do anything in relation thereto.
Board of Selectmen
Article 13. Voted that the Town transfer from surplus revenue the sum of $60,275 for the purchase of a Zamboni machine for the Ice Arena and further to rescind the vote to borrow the sum of $60,275 for said purpose voted under Article 20 of the May 2000 Annual Town Meeting.
PASSES
Article 14. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $280,000 for the purchase and equipping of a Fire Engine and further to rescind the vote to borrow the sum of $280,000 for said purpose(s) voted under Article 4 of the October 25, 1999 Special Town Meeting, or do anything in relation thereto.
Board of Selectmen
Article 14. Voted that the Town transfer from Overlay Reserve the sum of $280,000 for the purchase and equipping of a Fire Engine and further to rescind the vote to borrow the sum of $280,000 for said purpose(s) voted under Article 4 of the October 25, 1999 Special Town Meeting.
PASSES
Article 15. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to amend the Fiscal 01 department budgets pursuant to Article 7 of the May 2000 Annual Town Meeting, or do anything in relation thereto.
Board of Selectmen
Article 15. Voted that the Town amend the Fiscal 01 department budgets pursuant to Article 7 of the May 2000 Annual Town Meeting, as printed in the handout entitled “Exhibit A”.
PASSES
Article 16. To see if the Town will vote to raise and appropriate, transfer from available funds or by borrowing a sum of money for the purpose of staffing the Board of Health/Health Department. More exclusively to take the existing part time office assistant position and create a full time office assistant position.
Board of Health
Article 16. Voted that the subject matter on Article 16 be indefinitely postponed.
Indefinite Postponement
Motion Indefinitely Postponed
Article 17. To see if the Town will vote to transfer from available funds a sum of money to the stabilization account, or do anything in relation thereto.
Board of Selectmen
Article 17. Voted that the Town transfer from surplus revenue the sum of $200,000 to the stabilization account.
Passes UNANIMOUS
Article 18. To see if the town will vote to raise and appropriate or transfer from available funds a sum of money for the construction, reconstruction or repair of sidewalks, or do anything in relation thereto.
Board of Selectmen
Article 18. Voted that the Town transfer from surplus revenue the sum of $150,000 for the construction, reconstruction or repair of sidewalks.
PASSES
Article 19. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the purchase of computer hardware, software and related equipment and supplies, or do anything in relation thereto.
Board of Selectmen
Article 19. Voted that the Town transfer from surplus revenue the sum of $160,000 for the purchase of computer hardware, software and related equipment and supplies.
PASSES
Article 20. To see if the Town will vote to raise and appropriate, transfer from available funds or by borrowing a sum of money to defray the costs of drainage improvements to the Town’s drainage system, or do anything in relation to.
Board of Selectmen
Article 20. Voted that the Town appropriate the sum of $150,000 to defray the costs of drainage improvements to the Town’s drainage system; and to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $150,000 under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
UNANIMOUS
Reconsideration
Cannot be reconsidered
Article 21. To see if the Town will vote to raise and appropriate or transfer from available funds or by borrowing a sum of money for the purchase of street lights and appropriate fixtures, wires and structures from Boston Edison Company, or do anything in relation thereto.
Board of Selectmen
Article 21. Voted that the Town appropriate the sum of $135,000 for the purchase of street lights and appropriate fixtures, wires and structures from Boston Edison Company; and to meet this appropriation transfer the sum of $45,000 from surplus revenue and the Treasurer, with the approval of the Board of Selectmen is authorized to borrow $90,000 under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
PASSES UNANIMOUS
Article 22. To see if the Town will vote to raise and appropriate of transfer from available funds a sum of money for the purchase and planting of public shade trees, or do anything in relation thereto.
Board of Selectmen
Article 22. Voted that the Town transfer from surplus revenue the sum of $5,000 for the purchase and planting of public shade trees.
PASSES
Article 23. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the Beautification of the Town, or do anything in relation thereto.
Board of Selectmen
Article 23. Voted that the Town transfer from surplus revenue the sum of $7,000 for the Beautification of the Town.
PASSES
Article 24. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for litigation expenses, or do anything in relation thereto.
Board of Selectmen
Article 24. Voted that the Town transfer from surplus revenue the sum of $10,000 for litigation expenses.
PASSES
Article 25. To see if the town will vote to raise and appropriate or transfer from available funds a sum of money to fund the sick leave buy back provisions of the Stoneham Police Association and the Superior Police Officers Association collective bargaining agreement(s), or do anything in relation thereto.
Board of Selectmen
Article 25. Voted that the Town transfer from surplus revenue the sum of $80,000 to fund the sick leave buy back provisions of the Stoneham Police Association and the Superior Police Officers Association collective bargaining agreement(s).
PASSES
Article 26. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to fund accumulated vacation leave of school employees, or act in any relation thereto.
School Committee
Article 26. Voted that the Town transfer from surplus revenue the sum of $60,000 to fund accumulated vacation leave of school employees.
PASSES UNANIMOUS
Reconsideration
Cannot be reconsidered
Article 27. To see if the Town will vote to appropriate $135,566.46 as received by the Town from the State Highway Funds account Chapter 127 of the Acts of 1999, as provided by the Commonwealth of Massachusetts for the purpose of continuing the permanent
construction program on Public Ways within the Town or other eligible municipal projects and authorize the Town Administrator to make such expenditures, or do anything in relation thereto.
Board of Selectmen
Article 27. Voted that the Town appropriate $135,566.46 as received by the Town from the State Highway Funds account Chapter 127 of the Acts of 1999, as provided by the Commonwealth of Massachusetts for the purpose of continuing the permanent construction program on Public Ways with the Town or other eligible municipal projects and authorize the Town Administrator to make such expenditures.
PASSES
Article 28. To see if the Town will vote to appropriate the sum of money to be received by the Town from the State Highway Funds Account Chapters 53B and 150 of the Acts of 2000, as provided by the Commonwealth of Massachusetts for the purpose of continuing the permanent construction program on Public Ways within the Town or other eligible municipal projects and authorize the Town Administrator to make such expenditures, or do anything in relation thereto.
Board of Selectmen
Article 28. Voted that the Town appropriate the sum of $267,696.95 to be received by the Town from the State Highway Funds Account Chapters 53B and 150 of the Acts of 2000, as provided by the Commonwealth of Massachusetts for the purpose of continuing the permanent construction program on Public Ways within the Town or other eligible municipal projects and authorize the Town Administrator to make such expenditures.
PASSES UNANIMOUS
Article 29. To see if the Town will vote to accept as Public Ways the following ways as laid out by the Town Administrator:
Apple Hill Lane from Bow Street Court southerly to cul-de-sac, 504 feet, more or less.
Blueberry Lane from Apple Hill Lane to cul-de-sac, 226 feet, more or less.
Walsh Avenue from previous acceptance northerly 397 feet, more or less to cul-de-sac.
Mardin Lane from Walsh Avenue easterly 254 feet, more or less to cul-de-sac.
And authorize the Board of Selectmen or Town Administrator to obtain by purchase, accept as a gift, take by right of eminent domain under provisions of Chapter 79 or 80A of the General Laws, or otherwise acquire any land or interest in land necessary or proper for he acceptance of such ways, and to raise and appropriate or transfer from available funds a sum of money for plans, recording fees, legal expense in connection with acceptance of said ways, or do anything in relation thereto.
Board of Selectmen
Article 29. Voted that the Town accept as Public Ways the following ways as laid out by the Town Administator:
Apple Hill Lane from Bow Street Court southerly to cul-de-sac, 504 feet, more or less.
Blueberry Lane from Apple Hill Lane to cul-de-sac, 226 feet, more or less.
Walsh Avenue from previous acceptance northerly 397 feet, more or less to cul-de-sac.
Mardin Lane from Walsh Avenue easterly 254 feet, more or less to cul-de-sac.
And authorize the Board of Selectmen or Town Administrator to obtain by purchase, accept as a gift, take by right of eminent domain under provisions of Chapter 79 or 80A of the General Laws, or otherwise acquire any land or interest in land necessary or proper for the acceptance of such ways.
PASSES UNANIMOUS
Article 30. To see if the Town will vote to abandon a ten foot (10.00’) wide by one hundred six and thirty-seven hundredths foot (106.37’) long, more or less, right of way driveway easement which runs across 9-11-13 Gould Street, Stoneham, Middlesex County, Commonwealth of Massachusetts. Said easement is shown on a plan recorded at Middlesex South District Registry of Deeds at Book 7012, Page 345, and as Plan No. 941 of 1946. Said driveway easement runs from Town property at the rear of the DPW Garage across the property of Alan K. Melkonian, Trustee of Nine Eleven Thirteen Gould Street Realty Trust, to Gould Street. Said driveway easement across 9-11-13 Gould Street being no longer needed for the purpose for which it was intended.
The Town Administrator is hereby authorized to take any action necessary to declare said driveway easement abandoned, or do anything in relation thereto.
Board of Selectmen
Article 30. Voted that the Town abandon a ten foot (10.00’) wide by one hundred six and thirty-seven hundredths foot (106.37’) long, more or less, right of way driveway easement which runs across 9-11-13 Gould Street, Stoneham, Middlesex County, Commonwealth of Massachusetts. Said easement is shown on a plan recorded at Middlesex South District Registry of Deeds at Book 7012, Page 345, and as Plan No. 941 of 1946. Said driveway easement runs from Town property at the rear of the DPW Garage across the property of Alan K. Melkonian, Trustee of Nine Eleven Thirteen Gould Street Realty Trust, to Gould Street. Said driveway easement across 9-11-13 Gould Street being no longer needed for the purpose for which it is intended. And further, the minimum
amount to be paid the Town is $1.00.
The Board of Selectmen is hereby authorized to take any action necessary to declare said driveway easement abandoned.
PASSES UNANIMOUS
Article 31. To see if the Town will vote to abandon a five foot (5.00’) wide drain easement which runs across 49 Franklin Street and 49-59 Rear Franklin Street, Stoneham, Middlesex County, Commonwealth of Massachusetts. Said easement is shown on Lots A and B on a plan entitled “Plan of Land, Stoneham, Mass, drawn by Benchmark Survey, dated February 24, 1998 recorded at Middlesex South District Registry of deeds at Book 28607 Page 393, Plan No. 535, or do anything in relation thereto.
Said drain easement runs from Franklin Street to property of Gullifa Franklin Street Trust. Said drain easement across 49 Franklin Street and 49-59 Rear Franklin Street being no longer needed for the purpose for which it was intended.
The Town Administrator is hereby authorized to take any action necessary to declare said drain easement abandoned, or do any in relation thereto.
Board of Selectmen
Article 31. Voted that the Town abandon a five-foot (5.00’) wide drain easement, which runs across 49 Franklin Street and 49-59 Rear Franklin Street, Stoneham, Middlesex County, Commonwealth of Massachusetts. Said easement is shown on Lots A and B on a plan entitled “Plan of Land, Stoneham, Mass, drawn by Benchmark Survey, dated February 24, 1998 recorded at Middlesex South District Registry of deeds at Book 28607 Page 393, Plan No. 535, or do anything in relation thereto.
Said drain easement runs from Franklin Street to property of Gullifa Franklin Street Trust. Said drain easement across 49 Franklin Street and 49-59 Rear Franklin Street being no longer needed for the purpose for which it is intended. And further, the minimum amount to be paid the Town is $1.00.
The Board of Selectmen is hereby authorized to take any action necessary to declare said drain easement abandoned.
PASSES UNANIMOUS
Article 32. To see if the Town will vote to accept a ten foot (10.00’) wide utility easement shown on a plan entitled “Plan of Land, Stoneham, Mass, drawn by Benchmark Survey, dated February 24, 1998 recorded at Middlesex South District Registry of Deeds at Book 28607 Page 393, Plan No. 535.
Said easement consists of Easement “A” of 1,641 square feet, Easement “B” of 233 square feet, Easement “E” of 215 square feet and Easement “D” of 65 square feet all as shown on the above referred to plan.
The Town Administrator is hereby authorized to take any action necessary to accept said ten foot (10.00’) wide utility easement, or do anything in relation thereto.
Board of Selectmen
Article 32. Voted that the Town accept a ten foot (10.00’) wide utility easement shown on a plan entitled “Plan of Land, Stoneham, Mass, drawn by Benchmark Survey, dated February 24, 1998 recorded at Middlesex South District Registry of Deeds t Book 28607 Page 393, Plan No.535.
Said easement consists of Easement “A” of 1,641 square feet, Easement “B” of 233 square feet, Easement “E” of 215 square feet and Easement “D” of 65 square feet all as shown on the above referred to plan.
The Board of Selectmen is hereby authorized to take any action necessary to accept said ten-foot (10.00’) wide utility easement.
PASSES UNANIMOUS
Move to dissolve Special Town Meeting
Meeting dissolved 9:40PM
(12)
And you are directed to serve this Warrant by posting attested copies in at least ten (10) public places in the Town fourteen (14) days at least before the time for holding said meeting and by causing an attested copy to be published in some newspaper in the town, the publication to be not less than three (3) days before 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 aforesaid.
Given unto our hands this 26th day of September in the year of our Lord two thousand.
Board of Selectmen
Patrick F. Jordan, Jr.
Cosmo M. Ciccarello
Albert B. Conti
Darin J. Leahy
Robert W. Sweeney
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