HomeMy WebLinkAbout1999-03-23 Annual Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on February 18, 1999 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Registry of Motor Vehicles, 275 Salem Street
Precinct 3 Reading Police Station, 67 Pleasant Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive
The date of posting being not less than fourteen (14).days prior to March 23, 1999, the
date set for the Local Election in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of February 24, 1999.
Daniel W. Halloran, Jr., ConstaI~A
A true copy. Attest:
-j
I 7,
l
v/'Cheryl Johnson; Town Clerk
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TOWN WARRANT.
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in electiobs and
Town affairs, to meet in the following place designated for the eight precincts in said
Town, namely:
Precincts 1; 2,.3j 4 5, 6, 7-and 8
Hawkes Field House 62 Oakland Road
TUESDAY, the TWENTY-THIRD DAY OF MARCH A.D., 1999
from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz:
ARTICLE 1 To elect by ballot the following Town Officers:
A Moderator for one year;
Two members of the Board of Selectmen for three years;
One member of the Board of Assessors for three years;
Two members of the Board of Library Trustees for three years;
One member of the Municipal Light Board for three years;
Two members of the School Committee for three years;
and eighty-two Town Meeting Members shall be elected to represent
each of the following precincts:
Precinct 1
Eight members for three years; three members for one year
to fill vacancies;
Precinct 2
Eight members for three years; one member for two years
to fill a vacancy; two members for one year to fill vacancies;.
Precinct 3
Eight members for three years; two members for one year
to fill vacancies;
Precinct 4
Eight members for three years; one member for one year
to fill a vacancy;
Precinct 5
Eight members for three years; five members for one year,
to fill vacancies;
Precinct 6
Eight members for three years; one member for one year
to fill a vacancy;
Precinct 7
Eight members for three years; two members for one year
to fill vacancies;
Precinct 8
Eight members for three years; one member for one year
to fill a vacancy.
and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading,
on
MONDAY, the TWELFTH DAY OF APRIL A.D., 1999
at seven-thirty o'clock in the evening, at which time and place the following Articles are
to be acted upon and determined exclusively by Town Meeting Members in accordance
with the provisions of the Reading Home Rule Charter.
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ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Town Manager and any other Board
or Special Committee.
Board of Selectmen
ARTICLE 3 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any. other
action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal
Year 2000 of bills remaining unpaid for previous fiscal years for goods and services
actually rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 5 To see if the Town will vote to amend the FY 1999 - FY 2008
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter and as previously amended, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 6 To see if the Town will vote to amend one or more of the votes
taken under Article 18 of the Warrant of the Annual Town'Meeting of April 13, 1998, as
amended under Article 8 of the 1998 Subsequent Town Meeting, relating to the Fiscal
Year 1999 municipal budget, and to see what sum the Town will raise by borrowing or
transfer from available funds, or otherwise, and appropriate as the result of any such
amended votes for the operation of the Town_ and its government, or take any other
action with respect thereto. ,
Board of Selectmen .
ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangible property, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 8 To see if the Town will vote to approve the FY 2000 - FY 2009
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
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ARTICLE 9 To see what sum the Town will raise by borrowing, whether in
anticipation of reimbursement from the State under Chapter 44, Section 6,
Massachusetts General Laws, or pursuant to any other enabling authority or from the tax
levy, or transfer from available funds, or otherwise, for highway projects in accordance
with Chapter 90, Massachusetts General Laws, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 10 To see what sum the Town will raise by borrowing under
Massachusetts General Laws, Chapter 44, Section 10 and Chapter 44, Section 8(8), or
any other enabling authority, or from the tax levy or transfer from available funds, or
otherwise, and appropriate for the purpose of purchasing, extending or enlarging the
plant of the Reading Municipal Light Department as provided in Massachusetts General
Laws, Chapter 164, and the Acts of 1908, Chapter 369, within the limits of the Town of
North Reading, in which it is authorized to distribute its products, said sum to be
expended by and under the direction of the Reading Municipal Light Department; or take
any other action with respect thereto.
Reading Municipal Light Board
ARTICLE 11 To see if the Town will vote to accept one or more gifts to be
administered by the Commissioners of Trust Funds, such gifts to be used for the
purposes for which they are given to the Town, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 12 To see if the. Town will vote to authorize the Board of
Selectmen to acquire all or -any part of the following described parcel of land in fee or
rights of easement therein by eminent domain under the provisions of Chapter 79 of the
General Laws of the Commonwealth of Massachusetts, or to acquire said parcel of land
or any part thereof in fee or rights of easement therein by gift, purchase, land swap, or
otherwise, said land to be under the care, custody and control of the School Committee
for general School purposes including the construction of additional parking at the W. S.
Parker Middle School; and to see what sum the Town will raise by borrowing, or from the
tax levy, or transfer from available funds, or otherwise, and appropriate to the Board of
Selectmen to pay for appraisals of said parcel and to pay for the acquisition of said
parcel of land or rights of easement therein, or to be used for payment of land damages
or other costs and expenses of such acquisition and to authorize the Board of Selectmen
and/or School Department to enter into agreements with private parties or State and
federal agencies for financial and other assistance in connection with such acquisition,
and to do all other acts and things necessary and proper for carrying out the purposes of
this vote, or take any other action with respect thereto:
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The approximately 22,900 square feet of land, being a portion of the land commonly
known as 186 Summer Avenue shown on Board of Assessors' Rev. Jan. 1, 1996, Map 61
as Lot 15 and described on the plan recorded at the Middlesex South District Registry of
Deeds on October 3, 1995 as Plan No. 879, currently believed to be owned by Debra A.
Stackpole.
School Committee
ARTICLE 13 To see if the Town will vote to establish a revolving fund under
Chapter 44, Section 53E1/2 of the General Laws for the purpose of using the receipts
generated through the sale of compost bins to purchase additional compost bins, and to
pay for related expenditures, and to determine the total amount of expenditures during
Fiscal Year 2000 which may be made from such fund, or take any other action with
respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will vote to establish a revolving fund in
accordance with Chapter 44, Section 53E1/2 of the General Laws, for receipts from
antennae licenses on the Town's water towers, with the proceeds from the fund used to
fund community improvements pursuant to a community improvement program to be
administered by the Board of Selectmen, and to determine the total amount of
expenditures during Fiscal Year 2000 which may be made from such fund, or take any
other action with respect thereto.
Board of Selectmen
ARTICLE 15 To see if the Town of Reading will vote to accept the report of the
Board of Selectmen upon the laying out as public ways of the following described private
ways under the provision of law authorizing the assessment of betterments, such
highways being laid out in accordance with plans duly approved by the Board of
Selectmen and filed in the office of the Town Clerk in accordance with the statutory
requirements, and that the Town authorize the Board of Selectmen to take such lands in
fee or rights of easement therein by eminent domain, under the provisions of Chapter 79
of the General Laws, as amended, or acquire said lands in fee or rights of easement
therein by purchase, gift or otherwise and to assess betterments therefor and to see if
the Town will vote to accept the public ways laid out by the Board of Selectmen, and to
see what sum the Town will raise by borrowing, or from the tax levy, or transfer from
available funds, or otherwise, and appropriate for the acquisition of said lands or
easements therein or for payment of any eminent domain damages and for the
construction of said ways, or take any other action with respect thereto.
Proposed Public Way
Dividence Road - From Franklin to Emerson Street
Forest Street - Small strip of land donated to the Town as part of
Anson Lane
Lynn Village Way
Parsons Lane
Roma Lane
Varney Circle
Board of Selectmen.
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ARTICLE 16 To see what sum the Town will raise by borrowing, or from the tax
levy, or transfer from available funds, or otherwise, and appropriate for reconstructing
surface drains, sewers and sewerage systems in Walkers Brook Drive and/or Ash
Street, including the cost of consulting engineering services, designs, plans, contracts,
specifications, equipment, inspection fees, contingencies and related facilities and
expenses thereto and necessary in connection therewith, said sum to be spent by and
under the direction -of the Board of Selectmen; and to see if the Town -will vote to
authorize the Board of Selectmen to file applications for a grant or grants to be used to
defray all or any part of the costs of said sewer construction and/or reconstruction and
related matters; and to see if the Town will vote to authorize the Board of Selectmen to
enter into any or all agreements as may be necessary to carry out the purpose of this
Article, including, but not limited to, the applications and acceptance of a grant and a
non-interest bearing loan from the Massachusetts Water Resource Authority, and to
authorize the Treasurer-Collector to borrow pursuant to said loan, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 17 To see if the Town will vote to determine how much money the
Town will raise by borrowing, or from the tax levy, or transfer from available funds, or
otherwise, and appropriate for the operation of the Town and its government for Fiscal
Year 2000 beginning July 1, 1999, or take any other action with respect thereto.
Finance Committee
ARTICLE 18 To see if the Town will vote to amend Section 2.1 of the General
Bylaws of the Town by deleting the word "second" in Sections 2.1.1 and 2.1.3 thereof
and substituting therefor the word "fourth" so that Sections 2.1.1 and 2.1.3 shall read as
follows, or take any other action with respect thereto:
"2.1.1. The Annual Town Meeting shall be held on the third Tuesday preceding the
fourth Monday in April of each year for the election of Town officers and for such
other matters as required by law to be determined by ballot. Notwithstanding the
foregoing, in any year in which presidential electors are to be elected, the Board
of Selectmen may schedule the commencement of the Annual Town Meeting for
the same date designated as the date to hold the presidential primary." .
"2.1.1 All business of the Annual. Town Meeting, except the election of such Town
officers and the determination of such matters as required by law to be elected or
determined by ballot, shall be considered at an adjournment of such meeting to
be held at 7:30 p.m. on the fourth Monday in April, except if this day shall fall on
a legal holiday, in which case the meeting shall be held on the following day or at
a further adjournment thereof."
Board of Selectmen
Pursuant to Instructional Motion
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ARTICLE 19 "To see if the Town will vote to amend Section 4.2.2. (Table of
Uses) of the Zoning By-Law by (1) deleting the provisions which permit Agricultural,
Horticultural, and Floricultural Uses in all zones and (2) by adding the following to the
'Other Uses' provision of said Section 4.2.2:
OTHER USES
RES
RES
RES
BUS
BUS.
BUS
IND
Agriculture,
Horticulture,
YES
YES
YES
YES
YES
YES
YES
Floriculture,
Viticulture on 5+
Acres
Structures
Accessory to
YES
YES
YES
YES
YES
YES
YES
Agriculture,
Horticulture,
Floriculture,
Viticulture on 5+
Acres
Agriculture,
Horticulture,
YES
YES
YES
YES
YES
YES
YES
Floriculture,
Viticulture for
Domestic Use
Only
Agriculture,
SPA
SPA
SPA
SPA
SPA
SPA
SPA
Horticulture,
Floriculture,
Viticulture not
for Domestic
Use on Less
Than 5 Acres
and to see if the Town will add a new provision as §4.3.6. (Agricultural Uses on Less
Than 5 Acre Parcels) which shall be:
'§4.3.6. Special Permit for Agricultural Uses on Parcels of Less Than 5 Acres. No
Agricultural, Horticultural, Floricultural, or Viticultural use shall be permitted as a primary
use on a parcel of land less than 5 acres without a Special Permit having been granted
by the Board of Appeals. The Board of Appeals may grant a Special Permit in
accordance with Section 7.3. of these By-Laws provided that the following criteria have
been fulfilled:
a. Adequate provision shall be made for the garaging or screening of
all tools, farm machinery or vehicles incidental to the proposed use.
b. Any structures used for the purpose set forth in subsection a. or for
the purpose of providing housing, pens or enclosures for livestock
shall be located at least fifty (50) feet from any property line.
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c. In a residential district, provisions for landscaping and screening of any
accessory structure in excess of two thousand (2,000) square feet of
ground floor area shall be made as set forth in a plan to be filed with
the special permit application and approved by the Board of Appeals.
d. Adequate provision must be made for the sanitary disposal of animal
wastes and for complying with all relevant Board of Health regulations.
e. In acting upon Special Permits under this section, the Board of Appeals
shall consider the proximity of existing dwellings, recreational facilities
and sensitive environmental receptors such as wetlands and recharge
areas for drinking water supplies. In acting upon a Special Permit under
this section, the Board of Appeals may impose conditions to mitigate
offensive odor and excess noise, to mitigate water and air pollution, to
ensure dust and drainage control, to prevent interference with the safety
of persons on adjoining properties, and other conditions on time or use
as may be imposed by the Board of Appeals according to Massachusetts
General Laws, Chapter 40A, Section 9 or regulations adopted pursuant thereto.'
or to take any other action with respect thereto."
Petition
- , ARTICLE 20 To see if the Town will vote to transfer the care, custody,
management and control of the first following described land or portions thereof from the
Conservation Commission for conservation, water supply and recreation purposes to the
Board of Cemetery Trustees for cemetery purposes; and to see if the Town will vote to
transfer the care, custody, management and control of the second following described
land or portions thereof from the Board of Selectmen and for Board of Cemetery
Trustees for general municipal and/or cemetery purposes to the Conservation
Commission for conservation, water supply and recreation purposes; and to see if the
Town will vote to authorize the Board of Selectmen to file a petition to the General Court,
if necessary, for a special act or for leave of the General Court, pursuant to Articles 49
and 97 of the Articles of Amendment to the Massachusetts Constitution, or any other
enabling authority, authorizing the Town to make the foregoing transfers of care,
custody, management and control so as to straighten out the lot lines between the
Conservation Commission's land and Wood End Cemetery, or take any other action with
respect thereto.
Parcel 1 - Beginning at an iron pipe at the land shown on the aforesaid plan
as the property of Alban G. and Mary C. Sheehan;
Thence N65°-39'-21"W, a distance of 402.84' to a point;
Thence N14°-50'-00"W, a distance of 26.24 to a point;
Thence S80°-52'-59"E, a distance of 406.82' to a point;
Thence S12°-24'-50"W, a distance of 130.00' to a point, said point
being the point of beginning of this description. Containing 30,497
square feet more or less or 0.70 acres.
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Parcel 2 - The land being a portion of Lot 1 on the Town of Reading, Board of
Assessors' Map 227, Rev. Jan. 1, 1997, situated on the northerly side
of Franklin Street on the westerly side of the land known as Wood End
Cemetery; and the land being an easterly portion of Lot 48 on the
Town of Reading, Board of Assessors' Map 226, Rev. Jan. 1, 1991,
situated on the northerly side of Franklin Street on the westerly side
of the land known as Wood End Cemetery.
Board of Selectmen
ARTICLE 21 . To see if the Town will vote to accept a gift of land off Van Norden
Road as described below, or take any other action with respect thereto.
The land being a portion of Lot 3 on the Town of Reading, Board of Assessors'
Map.156, Revised January 1, 1998, situated on the southerly side of Van Norden Road
opposite Lindsay Lane. Said land also, being shown wholly as Lot 3B on the plan of
land entitled: "Compiled Subdivision Plan of Land in Reading, Mass., Scale: 1"=40',
October 2, 1998". Said land is more particularly bounded and described as follows:
Beginning at a point on the property line at the land shown on the
aforesaid plan as the property now or formerly of Richard J. Peters,
Jr. and Harvey R. Hayashi, said point being the southeast corner
of lot 3B.
Thence, N 75°-47'-00" W, a distance of 100.00 feet to a point;
Thence, N 16°-19'-50" E, a distance of 148.66 feet to a point;
Thence, S 75°-47'-00" E, a distance of 100.00 feet to a point;
Thence, S- 16°-19'-50" W, a distance of 148.66 feet to a point,
said point being the point of beginning of this description.
Containing 14,856 square feet or 0.34 acres.
Lot 3B contains a 25 foot by 95 foot drain and sewer easement
on the northeast corner of the lot as shown on the aforesaid plan
Board of Selectmen
ARTICLE 22 To see if the Town will vote to authorize the Board of Selectmen to
convey and/or abandon a ten foot (10') portion of a certain thirty foot (30') sewer
easement in Reading, Middlesex County, Massachusetts situated on land known as and
numbered 47 Warren Avenue; to determine the minimum amount to be paid for such
conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or
abandon all or any part of said ten foot (10') portion of the sewer easement for such
amount or a larger amount and upon such other terms and conditions as the selectmen
shall consider proper and to deliver a deed therefor if necessary; or take any other action
with respect thereto.
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The abandoned easement being a portion of a sewer easement on Parcel 43 on
the Town of Reading, Board of Assessors' Map 41, Revised January 1, 1993, situated
on the northerly side of Warren Avenue at the cul-de-sac. Said sewer easement lies on
the easterly side of Parcel 43 and is also being shown wholly on Lot 9131 on the plan of
land entitled: "Plan of Land in Reading, Mass., Scale: 1"=20', September 2, 1982". Said
abandoned easement is more particularly bounded and described as follows:
Beginning at the point on Lot 9B1 where the southern line of the drain
easement intersects the western line of the sewer easement, as
shown on the aforesaid plan.
Thence, N 59°-07'-30" E, a distance of 10.23 feet to a point;
Thence, S 18°-47'-30" E, a distance of 109.16 feet to a point on the
Street line of Warren Avenue;
Thence westerly by a curved line to the left along the street line of
Warren Avenue, having a radius of 50.00 feet, a distance of 13.63
feet to a point;
Thence, N 18°-47'-30" W, a distance of 97.83 feet to a point, said
point being the point of beginning of this description.
Board of Selectmen
ARTICLE 23 To see if the Town will vote to authorize the Board of Selectmen to
convey and/or abandon all or any part of the following described right to all the gravel on
and the related easement to enter onto and remove such gravel from the following
described property, and to determine the minimum amount to paid for such conveyance
and/or abandonment, and to authorize the Board of Selectmen to convey and/or abandon
all or any part of said right and easement for such amount of money, or a larger amount,
and upon such other terms and conditions as the Board of Selectmen shall consider proper
and to deliver a deed or other documentation therefor and to see what sum the Town will
raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and
appropriate to the Board of Selectmen to carry out the purposes of this vote, or take- any
other action with respect thereto:
The right to all the gravel described in the May 9, 1930 grant from Bjarne Iversen
and Ragnhild Iversen to the Town of Reading recorded at the Middlesex South Registry of
Deeds in Book 5467, Page 326 upon, within and under that portion of the Iversens' land
described as:
Beginning at the southeasterly corner of Lot C shown upon a plan of land
in Wilmington and Reading, Massachusetts dated May 24, 1924 recorded
with Middlesex South Registry of Deeds and referred to in the deed of
Edward N. Hugo dated May 29, 1924 and recorded with said Deeds in
Book 4744, Page 332;
Thence the line runs westerly along the northerly side line of Grove Street
in said Reading a distance of Two Hundred and Forty-Six (246) feet;
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Thence turning and running northerly and at right angles to the said
northerly side line of Grove Street northerly a distance of Ninety-Two
(92) feet;
Thence turning and running easterly in a straight line to a point in the
easterly side line of said Lot C One Hundred and Twelve (112) feet
from the point of beginning a distance of approximately Two Hundred
and Forty-Six (246) feet;
Thence turning and running on the said easterly side line of said Lot C
southerly a distance of One Hundred and Twelve (112) feet to the
point of beginning.
Board of Selectmen
ARTICLE 24 To see if the Town will vote to amend the Motion made under
Article 10 of the Warrant for the Annual Town Meeting of April 14, 1997 which authorized
the conveyance of the Reading Landfill for the minimum amount of eighty percent (80%)
of appraised value and provided that such authorization to transfer would expire unless
the conveyance has taken place by June 30, 1999 unless extended by Town Meeting,
by adding following to said Motion, or take any other action with respect thereto."
"In addition to the foregoing authorization to convey, the Board of Selectmen of
the Town of Reading are further authorized to let or lease for an original term of
not more than 99 years the property described herein provided that the present
value of the lease payments over the life of the lease together with such other
obligations of the lessee with regard to the property are in the opinion of the
Board of Selectmen equivalent to eighty percent (80%) of the MAI appraised
value of such property; that the Board of Selectmen are authorized to let or lease
all or any part of said property for such lease amount or a larger amount and
upon such other terms and conditions as the Board of Selectmen shall consider
proper and to execute a lease therefore; and voted that the authorization to
transfer or to let or lease will expire unless a conveyance has taken place or a
lease has been entered.into by June 30, 2001 unless further extended by Town
Meeting."
Board of Selectmen
ARTICLE 25 To see if the Town will vote pursuant to Section 2-6 of the
Reading Home Rule Charter to declare the seats of any or all of the following Town
Meeting Members to be vacant and to remove any or all of the following described
persons from their position as Town Meeting Members for failure to take the oath of
office within thirty days following the notice of election or for failure to attend one-half or
more of the Town Meeting sessions during .the previous year, or take any other action
with respect thereto:
Precinct 1: Barry K. Greenwood
Precinct 3: John R. Casciano
Elizabeth G. Dew
William A. Pacunas
Wendall T. Wallace
Board of Selectmen
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and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
March 23, 1999, the date set for the election in said Warrant, and to publish this Warrant
in a newspaper published in the Town, or by mailing an attested copy of said Warrant to
each Town Meeting Member at least fourteen (14) days prior to the time of holding said
meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 16th day of February, 1999.
W. Bruce MacDonald, C airman
Sally M.ioyt, Vice Chairman
J. NestoY, ecretary
Camille W. Anthony
,-1
George V. Hines
Daniel W. Halloran, Jr., Constable
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