USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1941-1945 > Part 40
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Under Article 6, voted, unanimously, to raise and ap- propriate the sum of $300.00 to be expended under the
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direction of Myles Standish Camp, No. 115, S. U. V. C. W., for the observance of Memorial Day.
Under Article 7, voted, unanimously, that the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year begin- ning January 1, 1944, and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year, in ac- cordance with Section 17, Chapter 44, General Laws.
Under Article 8, voted, unanimously, to raise and ap- propriate for the use of the Plymouth County Trustees for the County Aid to Agriculture, the sum of $100.00 and chose Ernest W. Chandler, Town Director.
Under Article 9, voted, unanimously to apply the divi- dend from the Plymouth County Dog Fund in the amount of $588.51, to the support of schools.
Under Article 10, voted, unanimously to raise and ap- propriate the sum of $40.00 for the care and decoration of Boomer Square, work to be done under the supervision of the Cemetery Department.
Under Article 11, voted, to appropriate to the Cemetery Department the sum of $200.00 now in the hands of the Town Treasurer.
Under Article 12, voted, unanimously, to appropriate $2,000.00 to the Reserve Fund from the Overlay Reserve Fund.
Under Article 13, voted, unanimously, to appropriate from the Excess and Deficiency Account a sum not to ex- ceed $20,000.00 to be used to reduce the tax rate.
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Under Article 14, voted to authorize the Selectmen to sell after first giving notice of the time and place of sale by posting such notice of sale in some convenient and public place in the Town fourteen days at least before the sale, property taken by the Town under tax title pro- cedure, provided that the Selectmen or whomsoever they may authorize to hold such public auction, may reject any bid which they deem inadequate.
Under Article 15, voted, unanimously, to raise and ap- propriate the sum of $100.00 for the use of the Town Treasurer for foreclosing the rights of redemption on tax titles.
Under Article 16, voted, unanimously, to raise and ap- propriate the sum of $104.80 to pay unpaid bills of 1944.
Under Article 17, voted, unanimously, to raise and ap- propriate the sum of $200.00 for payment of expenses in- curred in public use of the High School Auditorium.
Under Article 18, voted that the Town authorize the As- sessors to employ an expert to appraise the property of the Brockton Gas Light Company located within the Town; and to employ counsel to represent the Town of and when proceedings are brought by said Company to abate any tax assessed on said property and voted, unani- mously, to raise and appropriate the sum of $300.00 therefor.
Under Article 19, voted, unanimously, to transfer from available funds in the treasury, $25,000.00 for the pur- chase of war bonds or other bonds that are legal invest- ments for savings banks, in order to establish a postwar rehabilitation fund, in accordance with the provisions of Chapter 5, Acts of 1943.
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Under Article 20, voted, unanimously, to raise and ap- propriate the sum of $185.50 to pay contributions to Con- tributory Retirement systems on account of members thereof in the Military or Naval Service, as provided in Chapter 708 of the Acts of 1941 as amended.
Under Article 21, voted that the Moderator appoint a committee of seven to investigate the school housing situ- ation and report at the next annual meeting. This com- mittee to consist of one member of the School Committee, one member of the Board of Selectmen, one member of the Planning Board, one member of the Parent Teachers Association and three citizens of the Town.
Under Article 22, voted that the Town authorize the Selectmen to rehabilitate the Town Landing at Cove Street, making it suitable for bathing, and voted, unani- mously, to raise and appropriate $400.00 for same.
Under Article 23, voted that the Town authorize the Selectmen to give a deed to Mabel B. Moses releasing to her all its right, title and interest, if any, in the property assessed to said Moses located on Washington Street and described in a deed to the Town of Duxbury by its Tax Collector dated June 26, 1882, recorded in Plymouth County Registry of Deeds, Book 481, page 160.
Under Article 24, voted, unanimously, that the Town accept as a gift from Mr. Eben H. Ellison a deed to the upland and beach lying easterly from Washington Street near Somerville Avenue and more particularly described as follows :
Northeasterly by land now or formerly of Herbert W. Wadsworth; southeasterly by low water mark in Duxbury Bay ; southwesterly by land now or formerly
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of Augustine E. Walker; and northwesterly in part by land now or formerly of Schuler-Schutz and in part by land now or formerly of Hattie B. Chandler ; together with all right, title and interest in and to Somerville Avenue as shown on a plan entitled : "Plan of Division of Property in Duxbury owned by I. L. Rich", dated 1893 and recorded with Plymouth County Registry of Deeds in plan book 1 page 9; and also all right, title and interest in and to the strip of land sixteen (16) feet in width leading easterly from Washington Street designated on said plan as a lane; and all other rights, title and interest in the tract of land shown on said plan.
The grantor reserves the right, at any time within one year from the date of this deed, to tear down and remove all buildings standing on said premises.
Said premises are conveyed subject to the re- striction that they shall be used only for recreational purposes and be restricted to the use of the residents of Duxbury and their guests; and to the further re- striction that no pier shall be erected on said premises.
A note of appreciation was sent to Mr. Ellison for his munificent gift
Under Article 25, voted that the Town instruct the Se- lectmen to petition the General Court to grant permission to the Town of Pembroke to furnish and sell water to the Town of Duxbury and to the inhabitants thereof, and authorize the Town of Duxbury and the inhabitants thereof to purchase water so sold at a rate or rates to be mutually agreed upon by the Water Commissioners of Pembroke and the Selectmen of Duxbury,or, in case of their failure so to agree, as fixed by the Department of Public Utilities; in case of sale, the Town of Pembroke to deliver the water at the boundary line between it and
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the Town of Duxbury, or at a point as conveniently near as may be agreed upon between said towns, acting by their respective boards of Water Commissioners and Se- lectmen.
Under Article 26, Mr. F. H. Pratt made a motion to amend the Proposed Protective By-Law by adding after the word "districts" at the end of Section 2 the words "ex- cept that part of Duxbury Beach, the land, now or formerly of the Ocean Telegraph Company (known as Rouses Hum- mock) and the northerly boundary of the property of the Trustees of the Duxbury Beach Association covered by Land Court Case No. 7740 shall be a business district," so that the last sentence of Section 2 will read "All parts of the town not shown by said details are to be treated as residence districts, except that part of Duxbury Beach between the land, now or formerly of the Ocean Telegraph Company (known as Rouses Hummock) and the northerly boundary of the property of the Trustees of the Duxbury Beach Association covered by Land Court Case No. 7740 shall be a business district." Amendment lost (57 yes, 69 no.
The courtesy of the floor was extended to Miss Eliza- beth Herlily, chairman of the State Planning Board, and Mr. Ralph H. Coleman of Norwell who spoke in favor of the By-Law.
After considerable discussion, it was voted to accept the Protective By-Law as printed in the Town Warrant. (144 yes, 57 no) .
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PROTECTIVE BY-LAW FOR THE TOWN OF DUXBURY, MASS.
This By-Law shall be known and may be cited as the Protective By-Law of the Town of Duxbury. It is enacted in order to promote the health, safety, convenience and welfare of the Town.
Section 1. DEFINITIONS
"Detached one-family house." A detached one-family house is a dwelling accommodating but a single family, and having no party wall or walls in common with an adjacent house or houses.
"Farm." A farm means any tract of land used for the production of crops or the rearing of animals or poultry.
"Front Yard." A front yard is the required open space between the street line and the nearest part of any building on the lot ex- cluding projections.
"Half Story." The term 'half story' shall mean a story in a sloping roof, the area of which at a height four feet above the floor does not exceed two-thirds of the floor area of the story immediately below it.
"Hall." A hall is a room or a building appropriated to the meet- ings of a fraternal, literary or other incorporated society; and ex- cludes the term 'halls' wherever it appears in Section 3 thereof.
"Lot." A lot is the parcel of land on which a principal building and its accessories are placed together with the required open spaces.
"Projections." Projections shall mean cornices, eaves, gutters, outside chimneys, steps, bay windows and terraces.
"Story of a Building." A story of a building is that part of the building above the basement or cellar and betweeen the top of any tier of floor beams and the top of the tier of floor or roof beams next above.
"Way." A way is a passage, street, road or bridge, public or private, set aside or used as a thoroughfare.
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Section 2. ESTABLISHMENT OF DISTRICTS
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(a) Classes of Districts. For the purpose of this Protective By-Law the Town is hereby divided into two classes of districts, to be known as:
1. Residence Districts.
2. Business Districts.
These districts are shown on a map entitled "Map of Town of Duxbury, Massachusetts to Accompany Protective By-Law" dated January 1944, and a copy of said map is on file at the Duxbury Town Office and said map with all its contents is hereby made a part of this Protective By-Law. The general location of business districts is indicated by the smaller circles shown on said map. The details showing more precise boundaries of business districts are shown shaded within the larger circles on said map, with refer- ences to the Assessors Map of Duxbury on file as of January 1, 1944. All parts of the town not shown by said details are to be treated as residence districts.
Section 3. RESIDENCE DISTRICT USES
In a residence district no building shall be erected, altered, used or maintained, and no building or premises shall be used for any purpose except:
(a) Detached one-family house.
(b) Private Club not conducted for profit and not containing sleeping quarters for more than four persons.
(c) Church.
(d) Educational Use.
(e) Farm, garden, nursery or greenhouse; also stands for the sale of products raised on the premises, subject to approval of Board of Appeals.
(f) Municipal recreational use.
(g) Telephone exchange, not including a service station or out- side storage of supplies.
(h) Accessory use on the same lot with and customarily inci- dent to any of the above permitted uses and not detrimental to a residential neighborhood. The use of a room or rooms in a dwelling for customary home occupation, or home occu- pations carried on by the person or persons resident therein, shall be permitted as an accessory use, provided that there
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be no display or advertising except a sign of not more than two square feet in area. The term 'accessory use' shall not include:
1. A garage for the storage of more than three automo- biles.
2. Storage of more than three commercial automobiles except on a farm.
3. Advertising signs except those pertaining to the lease, sale or use of a lot or building on which they are placed, and not exceeding a total area of six square feet; pro- vided that on a lot occupied by a dwelling there may be a sign with a total area of not more than two square feet pertaining to the use thereof or bearing a name and the designation of any authorized occupation, and being such sign as is customary on any building used for the purposes permitted by this section.
(i) Any of the following uses, provided it is not injurious or offensive to the neighborhood, and only if authorized by the Board of Appeals:
1. Alterations, otherwise prohibited, of a dwelling (exist- ing at the time this By-Law is adopted) for two families.
2. Aviation field.
3. Cemetery.
4. Golf Club.
5. Gravel, loam, clay, sand or stone removal.
6. Hospital, convalescent home, sanitarium, institution or philanthropic use.
7. Ice harvesting and storage on the same premises.
8. Municipal use.
9. Riding stable.
Section 4. BUSINESS USES
In a business district no building shall be erected or altered and no building, premises or land shall be used for any purpose injurious or offensive to the neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration or noise. The following uses shall be permitted:
1. Any use permitted in a residence district.
2. Filling station or garage on approval of the Board of Appeals.
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3. Municipal use.
4. Newspaper or job printing.
5. Office or bank.
6 Place of amusement or assembly.
7. Restaurant or hotel.
8. Retail business, service or public utility not involving manufacture on the premises except of products the major portion of which is to be sold at retail by the manufacturer to the consumer and provided further that not more than ten operators shall be employed in such manufacture.
9. Sign advertising goods or service offered by an occu- pant of the premises for sale, hire or use.
10. Trailer camps and/or over-night camps on approval of the Board of Appeals.
11. Storage of junk for commercial purposes on approval of the Board of Appeals.
Section 5. NON-CONFORMING USES
(a) Continuation of non-conforming uses. Any building or use of a building, structure, land, or part thereof, existing at the time this By-Law is adopted may be continued, although such building or use does not conform to the pro- visions thereof, except as provided in (b) of this section, and provided such use has not been discontinued for a period of three years, exclusive of a time of war emer- gency.
(b) Limitation on Restoration. A non-conforming building which has been damaged or destroyed may be repaired or rebuilt, but the restoration shall not substantially exceed the original area and height and shall be placed no nearer the street than the building which it replaces.
Section 6. HEIGHT REGULATIONS
(a) Residence district heights. In a residence district no build- ing shall be erected or altered to exceed two and one-half stories in height.
(b) Business district heights. In a business district no building shall be erected or altered to exceed two and one-half stories in height.
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(c) Height exceptions. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend a reasonable height above the height limits herein fixed, subject to the approval of the Board of Selectmen or an inspector who may be appointed by them.
Section 7. AREA REGULATIONS
(a) Front yards. In a residence district where the way is forty or more feet in width no building or roadside stand shall be erected or placed within twenty-five feet of the way line. Where the way is less than forty feet in width the building or stand shall be placed not less than forty-five feet from the center of the way. Where present buildings on adjoining lots are less than twenty-five feet from the way line, new buildings may be placed as near the way line as the aver- age of the buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as though occupied by a building set back twenty-five feet.
(b) Side and rear yards. In a residence district no dwelling shall be built within ten feet of the side or rear lot line, and no other building within five feet of such lines.
(c) Lot size. In the residence district no building shall be erected or maintained on a lot of an area of less than 20,000 square feet or of a frontage upon the way upon which it abuts, or upon the set-back line, if any, of such way, of less than one hundred feet.
This paragraph shall not apply to a building in exist- ence when this By-Law becomes effective, provided the lot upon which it stands is not subsequently diminished in area or width of frontage. nor shall it apply to a lot described in a deed, or shown on a plan, duly recorded in the Plymouth County Registry of Deeds when this By-Law becomes effective, provided that if at such time there was other contiguous land of the same owner which might be used in connection with such lot, such land shall be so used to the amount required to constitute a lot of the area and frontage prescribed in this paragraph, and such lot shall not subsequently be diminished in area or frontage below the requirements herein stated. In the case of any lot so described or shown in said Registry of Deeds to which there is not sufficient other land of the same owner contiguous
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and capable of use to constitute a lot of the area and front- age prescribed in this paragraph, the owner may erect and maintain one, but not more than one building, other than accessory buildings, on such lot.
(d) Corner Clearance. Within the area formed by the lines of intersecting ways and a line joining points on such lines fifteen feet distant from their point of intersection, or in the case of a rounded corner, the point of intersection of their tangents, no structure other than a building, and no foliage, shall be maintained between a height three and one-half feet and a height of eight feet above the plane through their curb grades.
(e) Projections. Nothing herein shall prevent the projection of steps, stoops not exceeding thirty square feet in area, eaves, cornices, window sills or belt courses into any re- quired yard.
Section 8. ADMINISTRATION
(a) Enforcement. This By-Law shall be enforced by the Board of Selectmen, either directly or by an inspector appointed by them; and upon any well founded information as to a violation, the said Board shall take immediate steps to enforce this By-Law in any manner provided by law.
(b) Board of Appeals. A Board of Appeals is hereby estab- lished (as provided under Sec. 30, Chapter 40, G. L. as amended) to consist of three citizens of the Town, to pass upon matters which may be brought before them. They shall be appointed by the Selectmen for terms of one, two and three years, the term of one member expiring each year. Appointments after the first year are to be for three years.
Vacancies are to be filled by the Selectmen for the balance of any unexpired term. No member shall act in any case in which he may have a personal or financial in- terest, an associate member being designated in such cases by the Selectmen.
(c) Method of Appeal. Any person aggrieved by a decision of the Selectmen denying him a permit may appeal from such decision to the Board of Appeals created by this By- Law.
(d) Public Hearing and Notice. In the case of every appeal made to said Board and of every application for permit
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or variance made to it under the provisions of this By- Law, the Board of Appeals shall hold a public hearing to consider the appeal or application in question and shall cause a notice thereof to be published in the local news- paper or on the Bulletin Board in the Town Office Building not less than ten days before the date set for said hearing and shall cause a copy of the notice to be sent by regis- tered mail to all abutting land owners as shown by the records of the Assessors of the Town of Duxbury and to and other person, or persons who, in the opinion of the Board of Appeals, may be interested in said application or appeal.
(e) Variance. At all times hereafter, after giving notice and holding a public hearing in the manner provided by this By-Law, the Board of Appeals may authorize with respect to a particular building or parcel of land a variance from any of the terms of this Protective By-Law where, owing to conditions especially affecting said building or parcel, but not affecting generally the district in which it is lo- cated, a literal enforcement of the provisions of this By- Law would involve substantial hardship to the owner of said building or parcel, and where desirable relief may be granted without substantial detriment to the public good and without substantial derogation from the intent or purpose of this By-Law, but not otherwise.
(f) Court Appeal. Any person aggrieved by the decision of the Board of Appeals may appeal to the Superior Court sitting in equity for Plymouth County provided that such appeal is filed in said Court within fifteen days after such de- cision is recorded.
(g) Amendment. This By-Law or any portion thereof may be amended by a two-thirds vote of any annual Town meet- ing.
Section 9. PENALTIES
The invalidity of any section or provision of this By-Law shall not affect the validity of any other provision thereof.
This Protective By-Law shall not interfere with or annul any By-Law or other law in effect in the Town of Duxbury.
So much of this Protective By-Law as is approved by the At- torney General shall take effect upon its publication as required by law.
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Immediately following Article 26, a recess of ten min- utes was declared.
Under Article 27, voted, unanimously, to raise and ap- propriate the sum of $100.00 to acquire information re- garding the growth of ragweed within its limits and to do such things as are necessary to suppress, eradicate and destroy ragweed, under the supervision of the Tree Warden's Department.
Under Article 28, voted to accept Section 100a of Chap- ter 41 of the General Laws which provides as follows: "A city which accepts this section by vote of its city council subject to the provisions of its charter, or a town which accepts the same by vote of its inhabitants at an annual town meeting, may, after an appropriation has been made therefor, indemnify an officer or employee thereof for expenses or damages incurred by him in the defense or settlement of a claim against him for bodily injuries, in- cluding death at any time resulting therefrom, or for damage to property, arising out of an operation of a motor vehicle or other vehicle owned by such city or town, to an amount not exceeding $5,000 on account or injury or death of one person, or not exceeding $1,000 on account of damage to property ; provided, that after investigation it shall appear to the mayor or selectmen that such officer or employee was at the time the claim arose acting within the scope of his official duties or employment, and pro- vided, further, that the defense or settlement of such claim shall have been made by the city solicitor or the town counsel, or, if the town has no town counsel, by an attorney employed for the purpose by the selectmen, upon the request of said officer or employee and at the direction of the mayor or selectmen. This section shall not apply in respect to so much of a claim against an officer or em- ployee as is covered by a policy of insurance effected by
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the city or town under clause (1) of Section 5 of Chap- ter 40."
Under Article 29, voted that the Town instruct the Selectmen to relocate a section of Union Street near the intersection of Congress Street for the purpose of elim- inating a dangerous curve.
Under Article 30, voted, unanimously, to raise and ap- propriate the sum of $4,240.00 for the purchase of fire apparatus for the Forest Fire and Fire Departments. (113 yes-0 no.)
Under Article 31, voted, unanimously, that the Town raise and appropriate the sum of $3,000.00 for the use of the School Committee to provide quarters for a Home Economics course using buildings belonging to the Town, the Island Creek School house or Partridge Academy, and try to have same ready for the Fall term.
Under Article 32, voted that the Town accept Section 3A of Chapter 115 of the General Laws which provides as follows: "In a city or town which has duly accepted this section, no almoner or member of the Board of Public Welfare, or officers performing similar duties, or any agent of any of them, shall directly or indirectly act as agent or disbursing officer of the aldermen or selectmen for the payment of state or military aid or soldiers' relief ; provided, that this section shall not operate to prevent selectmen in towns who are also members of Boards of Public Welfare from acting in their capacity as select- man or through an agent acting for the selectmen."
Under Article 33, voted, unanimously, to raise and ap- propriate the sum of $500.00 for the purchase of a police radio.
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Under Article 34, voted, unanimously, to raise and ap- propriate the sum of $250.00 for the maintenance of the Honor Roll, and to continue the present committee.
Under Article 35, voted that the terms of office of the members of the Welfare Board be changed from one to three years in the manner provided in Sections 1 and 2, Chapter 41 of the General Laws.
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