Town annual report for the town of Duxbury for the year ending 1961-1965, Part 5

Author: Duxbury (Mass.)
Publication date: 1961
Publisher: The Town
Number of Pages: 1508


USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1961-1965 > Part 5


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12. DEPARTMENTAL BUDGETS


Each Department Head shall include in the depart- mental budget a Pay Adjustment Section, to provide funds for pay adjustments to be made during the year, expenditures to be made therefrom only in accordance with the Salary Plan.


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16. PAID HOLIDAYS


Employees working a regularly scheduled work week shall be paid for each of the following holidays. Those holidays falling on Sunday and celebrated on Monday shall be considered paid holidays.


New Year's Day Labor Day


Washington's Birthday


Columbus Day


Patriots Day


Veterans Day


Decoration Day


Thanksgiving Day


Independence Day


Christmas Day


Employees working under Schedule A and the Police and Fire Departments other than the Chiefs thereof required to work on any of the above specified holi- days shall be paid on the basis of straight time in addition to the regular pay for that day, or, in the discretion of the Chief, or Department Heads, may be given equivalent time off.


14. PAID VACATIONS


Vacations will be granted subject to provisions of Chapter 41, Section 111 of the General Laws accepted by the Town on November 7, 1950 and Chapter 44, Section 65 accepted by the Town on March 10, 1951.


15. GENERAL


If any provision of this bylaw shall conflict with any civil service law or regulation applicable to any posi- tion, or any other law, it shall be deemed modified by the law or regulation sufficiently only to end the con- flict. The invalidity of any provision hereof shall not be construed to invalidate any other provision hereof.


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SCHEDULE A Classification and Pay Ranges-Hourly Paid Employees


Minimum Rate


Automatic Maximum Rate


Merit Maximum Rate


LABOR GRADE 1


$1.45


$1.60


$1.70


LABOR GRADE 2


1.45


1.65


1.75


Skilled Laborer-Cemetery


Skilled Laborer-Tree LABOR GRADE 3


1.50


1.70


1.80


Skilled Laborer-Highway LABOR GRADE 4


1.55


1.75


1.85


Truck Driver-Tree


Truck Driver-Highway


LABOR GRADE 5


1.65


1.85


1.95


Working Supervisor-Cemetery


LABOR GRADE 6


1.70


1.90


2.00


LABOR GRADE 7


1.75


1.95


2.05


Mechanic, Water Department


LABOR GRADE 8


1.80


2.00


2.10


Tree Climber


Foreman-Highway


Foreman-Water


Note:


A) Increases from the minimum rate to the automatic maximum rate will be given automatically (except as noted in the plan) at intervals of 12 months in 5¢ increments.


B) Increases from the automatic maximum rate to the merit maximum rate will be given because of meritorious perform- ance (as defined in the plan) at minimum intervals of 18 months in increments up to 5c.


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SCHEDULE B Classification and Pay Ranges-Salaried Employees (Salaries for Elective Officials for use only as a guide)


Minimum Rate


Annualized Rate


Automatic Maximum Rate $1.70


Annualized Rate


Merit Maximum Rate $1.84


Annalized Rate


SALARY GRADE 1 Junior Clerk & Typist (Part Time Hourly Rate) Special Patrolman (Part Time Hourly Rate)


$1.46


SALARY GRADE 2 Senior Clerk


$1.50


$1.75


$1.89


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(Part Time Hourly Rate)


SALARY GRADE 3 Shellfish Constable


$1.56


$1.82 $1.97


(Pro-rated Salary Range-Part Time) $2,082.80 $2,253.68


Social Worker


$1,784.64


Veterans' Agent


$1,784.64


SALARY GRADE 4 Harbor Master


$1.64


$1.91


$2.07


(Pro-rated Salary Range-Part Time) $2,185.04 $2,368.08


$1,876.16


(Pro-rated Salary Range-Part Time) $2,082.80 $2,253.68 (Pro-rated Salary Range-Part Time) $2,082.80 $2,253.68


$1,784.64


Minimum Rate


Annualized Rate


Automatic Maximum Rate


Annualized Rate


Merit Maximum Rate


Annalized Rate


Ass't Treasurer & Town Clerk (Part Time Hourly Rate) Intermittent Patrolman (Part Time Hourly Rate)


SALARY GRADE 5 Firefighters (Permanent) (56 hours) Patrolman (48 hours)


$1.69 ($3,515.20)


$2.05 ($4,264.00)


$2.26 ($4,700.80)


$1.69 ($4,218.24)


$2.05 ($5,116.80)


$2.26 ($5,640.96)


$1.81 ($3,764.80)


$2.19 ($4,555.20)


$2.42 ($5,033.60)


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SALARY GRADE 6 Town Collector (Elective) Treasurer and Town Clerk (Elective) Building Inspector


(Pro-rated Salary Range-Part Time)


$2,070.64


$2,505.36


$2,768.48


$1.92 ($3,993.60)


$2.34 ($4,867.20)


$2.58 ($5,366.40)


SALARY GRADE 7 Director of Public Assistance Town Accountant, Selectmen's Clerk, Assessor's Clerk Police Sergeant (Hourly) Superintendent of Cemeteries


SALARY GRADE 8


$2.05 ($4,264.00) $2.49 ($5,179.20) $2.75 ($5,720.00)


$2.17 ($4,513.60) $2.64 ($5,491.20) $2.91 ($6,052.80)


SALARY GRADE 9 Tree Warden (Elective), Superintendent Insect Pest Control, Superintendent Dutch Elm Disease Control, Super- visor of Parks and Playgrounds Water Department Superintendent


SALARY GRADE 10 Highway Superintendent


$2.30 ($4,784.00)


$2.79 ($5,803.20)


$3.08 ($6,406.40)


SALARY GRADE 11 Police Chief Fire Chief and Forest Fire Warden


$2.42 ($5,033.60)


$2.94 ($6,115.20)


$3.25 ($6,760.00)


$2,768.48


(Pro-rated Salary Range-Part Time) $3,363.36 $3,718.00 97


Note: A) Increases from the minimum rate to the automatic maximum rate will be given automatically (except as noted in the plan) at intervals of 12 months in increments of 4% for Grades 1-4 and 5% for Grades 5-11.


B) Increases from the automatic maximum rate to the merit maximum rate will be given because of meritorious performance (as defined by the plan) at minimum intervals of 18 months in increments of up to 4% for Grades 1-4 and up to 5% for Grades 5-11.


(2/3 vote required) Article 17. Approved as recommended by Personnel Board. This will result in an increase of approximately $6,000.00 in the Town payroll this year.


Vote: Yes 321; No 6.


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Under Article 18, it was voted unanimously to raise and appropriate a sum of $104.00 to pay unpaid bills of 1959.


Article 19. To see if the Town will vote to accept Sections 42, 43, and 44, of Chapter 48 of the General Laws, which read as follows:


Sec. 42. Fire Departments in Certain Towns :- Towns accepting the provisions of this and the two following sections or which have accepted correspond- ing provisions of earlier laws may establish a fire department to be under the control of an officer to be known as the chief of the fire department. The chief shall be appointed by the selectmen, and shall receive such salary as the selectmen may from time to time determine, not exceeding in the aggregate the amount annually appropriated therefor. He may be removed for cause by the selectmen at any time after a hearing. He shall have charge of extinguishing fires in the town and the protection of life and property in case of fire. He shall purchase subject to the approval of the selectmen and keep in repair all property and apparatus used for and by the fire department. He shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon en- gineers in towns except as herein provided, and shall appoint a deputy chief and such officers and firemen as he may think necessary, and may remove the same at any time for cause and after a hearing. He shall have full and absolute authority in the administration of the department, shall make all rules and regula- tions for its operation, shall report to the selectmen from time to time as they may require, and shall annually report to the town the condition of the de- partment with his recommendations thereon; he shall fix the compensation of the permanent and call


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members of the fire department subject to the ap- proval of the selectmen. In the expenditure of money the chief shall be subject to such further limitations as the town may from time to time prescribe.


Sec. 43. Chief to act as Forest Warden. The chief of the fire department shall act as forest warden in all such towns, and shall have authority to appoint deputy wardens and fix their compensation subject to the approval of the selectmen.


Sec. 44. Effect of Two Preceding Sections on Fire- men under Civil Service. The two preceding sections shall not affect the tenure of office nor apply to the removal of permanent and call members of fire de- partments in towns which have accepted chapter thirty-one or corresponding provisions of earlier laws. Said sections shall not apply to cities.


Article 19. Recommendation at Town Meeting.


Under Article 20, it was voted to amend the Town's By-Laws in accordance with Paragraph 10, Section 21 of Chapter 40 of the General Laws, so that Article 3, Section 9, will read as follows :


Sec. 9. The selectmen shall assign to each and every existing dwelling place and each and every place of business and to each new dwelling place and to each new place of business, provided that such dwelling place or place of business has a separate exterior en- trance, on or near a public or private way, a street number in the following manner :


Even numbers shall be assigned to the north and west side of streets. Odd numbers shall be assigned to south and east sides of streets.


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On each side of each street, the numbers shall be assigned consecutively, with one number for each thirty running feet.


This by-law shall not require action by the Se- lectmen until such time as the Town has appropri- ated a sum of money to carry out its terms.


Vote: Yes 253; No 105.


Under Article 21, it was voted to raise and appro- priate the sum of $10,500.00 for the purchase of a street sweeper for the Highway Department.


Under Article 22, it was voted to raise and appro- priate the sum of $6,000.00 for the improvement of por- tions of Keene Street and St. George Street.


Under Article 23, it was voted unanimously that the Town assume liability in the manner provided by Sec- tion 29 of Chapter 91 of the General Laws, as amended by Chapter 516 and Chapter 524 of the Acts of 1950, for all damages that may be incurred by work to be per- formed by the Department of Public Works of Massa- chusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tidewaters, foreshores and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth.


Under Article 24, it was voted that the Town raise and appropriate the sum of $10,000.00, to be used to- gether with $2,000.00 to be contributed by the Duxbury Yacht Club, as the Town's share of the project, to com- plete Duxbury Harbor, as specified by the U. S. Army Corps of Engineers.


101


Under Article 25, it was voted to raise and appro- priate the sum of $7,500.00 as the Town"s share in the construction of a section of Sea Wall at Webster Island, Duxbury Beach.


Under Article 26, it was voted that the Town accept Prior Farm Road as laid out by the Selectmen.


Since Articles 34 and 35 are closely related to Article 26, it was agreed to take up Articles 34 and 35 at this time.


Under Article 34, it was voted to accept Meeting House Road as laid out by the Selectmen.


Under Article 35, it was voted to accept James Road as laid out by the Selectmen.


Under Article 27, it was moved and seconded that the Town install 2,700 feet of 8" water main on Cross Street, 4,200 feet of 8" water main on King Phillip Path, 3,300 feet of 6" water main on Vine Street, and 2,100 feet of 8" water main on Chandler Street from the pres- ent installation to Vine Street, all with necessary hydrants, and borrow $57,000.00 to be repaid in 15 equal annual payments plus interest thereon. Motion failed by a vote of No 160 - Yes 93.


There being no objection, it was agreed that action on Article 28 be deferred until after Article 38.


Under Article 29 which reads "To see if the Town will vote to raise and appropriate a sum of money for the purpose of purchasing a 4-wheel drive vehicle for the Police and Highway Department," it was voted that no action be taken due to the fact that a letter had been received from the Beach Association in which they had agreed to supply such a vehicle.


102


Under Article 30, it was voted to raise and appro- priate the sum of $4,500.00 to be expended under the direction of the Police Department, for the purpose of establishing a Police Patrol for Duxbury Beach during the summer months. Vote: Yes 215; No 74.


Under Article 31, it was voted unanimously to raise and appropriate the sum of $2,058.59 to pay any unpaid bills of 1960.


Under Article 32, it was voted to raise and appro- priate the sum of $3,100.00 for the exchange of a Truck for the Tree Department.


Under Article 33, it was voted to raise and appro- priate the sum of $3,000.00 for the exchange of a hy- draulic sprayer for the Tree Department.


Under Article 36, it was voted to raise and appro- priate the sum of $1,600.00 for the purpose of purchasing two snow plows for the Highway and Snow and Ice Removal Department.


Under Article 37, it was voted to raise and appro- priate the sum of $5,000.00 for the purpose of purchasing a 4-wheel drive vehicle for the Fire Department, together with necessary equipment.


Under Article 38, it was voted that the Town raise $20,403.29, by borrowing $15,000.00, which shall be re- paid in fifteen (15) annual equal payments, plus interest thereon; by transferring the unexpended balance of $4,775.98 from Article 30 of the 1960 Warrant, Water Mains on Autumn and Winter Streets, and by transfer- ring $627.31 from available funds to construct water mains with necessary fire hydrants of the sizes, lengths and locations on the following streets :


1. Old Route 3 from Summer Street to Winter


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Street, 2650 feet of 8 inch


2. Tobey Garden Street from Island Creek Road to Elm Street, 733 feet of 12 inch


3. Arrowhead Road from Wadsworth Road to end of 2-inch line, 470 feet of 6 inch


4. Weston Road from junction of Peterson Road and Weston Road to end of 6-inch line, 260 feet of 6 inch


5. Pine Ridge Lane from Bay Ridge Lane westerly, 400 feet of 6 inch ..


Vote: Yes 237; No 0.


Article 28 was taken up at this time.


Under Article 28 which reads "To see if the Town will vote to install water mains of not less than 6" but less than 16" on Old Route 3, from Winter Street to Sum- mer Street near Autumn Avenue, and raise and appro- priate, or transfer from available funds in the Treasury, or to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow such sums from time to time as may be necessary to complete the project and to issue bonds or notes of the Town therefor in accord- ance with the provisions of General Laws, Chapter 44, Section -8, Clause 5. By Petition," it was voted that no action be taken.


Under Article 39, it was moved and seconded that the Town borrow $7,000.00 to purchase the following equipment for the Water Department :


One Station Wagon $2,000.00 plus the present wagon in exchange,


One Back-Hoe $5,000.00 with the present hoe in ex- change, and repay the above sum of $7,000.00 in five an-


104


nual payments, plus interest. An amendment was made to increase the amount from $7,000.00 to $8,600.00 in order to include four 2-way radios at a cost of $1,600.00. The amendment was defeated by a vote of No 167, Yes 98. The original motion was then voted, Yes 223, No 0.


Under Article 40, it was voted to transfer from available funds in the Treasury the sum of $3500.00 for the Water Department's use in the search for new water sources and engineering studies connected therewith.


Under Article 41, which reads "To see if the Town will vote to transfer, with the approval of the Finance Committee, the following unexpended appropriation bal- ances to the Water Department's general maintenance and operation appropriation :


1960 Water Department truck appropriation $556.30


Reservoir Repairs appropriation 25.01


Priorities I to V appropriation 46.98"


it was voted that no action be taken.


Under Article 42, it was moved and seconded that the Town raise by borrowing $58,000.00 which shall be repaid in 15 equal annual payments plus interest thereon ; to construct approximately 8,500 feet of 12" water main with necessary hydrants on Franklin Street between and connecting to existing water mains on Congress and in the vicinity of Temple Streets. An amendment was made and seconded that the Town raise by borrowing the sum of $6,000.00 for the purpose of purchasing approximately 1500 feet of 12-inch water main for use on Franklin Street and the above sum of $6,000. be repaid in five annual payments plus interest. This amendment was voted in favor. The original motion as amended was then voted. (Vote: Yes 230; No 9.)


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Under Article 43 which reads "To see if the Town will vote to accept Chapter 223 of the Acts of 1957 (which amends Chapter 40 of the General Laws by inserting Section 8 C) which authories the Town to establish a Conservation Commission to promote the development of natural resources and to appropriate money therefor," it was voted that the Moderator appoint a committee of three to study this matter further.


Under Article 44 it was voted to amend the By-Laws of the Town of Duxbury by inserting the following sec- tion under Article 3:


"Section 10: The Selectmen shall call quarterly meet- ings on a date specified by them, at which elected and appointed officials of the Town and all boards or committees elected or appointed for the discharge of, or the study of, town functions shall discuss cur- rent or future problems or plans of the Town, and shall entertain suggestions for the best interests of the Town. The presiding officer at these meetings shall be the Moderator, except that in his absence the Chairman of the Board of Selectmen shall pre- side."


Vote: Yes 194; No 23.


Under Article 45, the motion was made and seconded that the town amend the Protective By-Law by adoption of the following Section 4 as printed in the warrant with one minor change. Under C 6 which reads "The pro- vision of B8" should be changed to read "The provision of B9." An amendment was made to change, under "In- tensity of Use, B. 1, Minimum Lot Dimension, area in square feet from 15,000 to 10,000, frontage in feet to remain 100, depth in feet from 100 to 90." This amend- ment failed.


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BUSINESS DISTRICT USES (Section 4 Amended 1961)


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. Pursuant to these conditions, the fol- lowing uses shall be permitted :


A. Any use permitted in Section 3 for Residence Dis- trict Uses. The same conditions prescribed in Section 3 (i) as to special permits for exceptions shall apply relative to both use and manner of use.


B. The uses listed below shall be permitted after ap- proval by the Board of Appeals of a site plan in instances where the outdoor parking of more than three (3) vehicles is required or proposed; or off-street loading space is required.


1. Store, showroom or salesroom for the conduct of the following retail business uses :


a. The sale of food items including confectionery, dairy products, fruits, vegetables, groceries and meats. The sale of baked goods and the manufac- ture of same for sale.


b. The sale of dry goods, variety merchandise and handicraft work.


c. The sale of clothing and clothing accessories.


d. The sale of hardware, household items including appliances, furniture, furnishings and supplies.


e. The sale of printed matter, drugs, stationery and photographic supplies.


f. The sale of items clearly similar to those per- mitted above.


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2. Business and professional offices: real estate, insurance and general business offices ; the offices of archi- tectural, dental, engineering, legal, medical and other recognized professions ; banks, telephone offices, medical and dental clinics, mortuaries and funeral homes.


3. Restaurants and other places for the serving of food or beverages inside the building at tables or coun- ters ; public or private clubs.


4. Service Establishments : Barber and beauty shops laundry agencies; self-service laundries; shoe and hat repair, bicycle and household appliance repair; dress- making; dry cleaning, pressing or tailoring shops in which no work is done on the premises for retail outlets elsewhere.


5. Shop of an electrician, painter, paper hanger, plumber, upholsterer, carpenter or cabinet maker, pro- vided the operation is free of noise, dust, fumes, smoke or soot.


6. The following additional uses :


a. Nurseries, truck gardens, farms, greenhouses.


b. Public transportation passenger stations and rights of way, passenger bus terminals.


c. Municipal buildings.


7. Retail business, service or public utility not in- volving 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. Such retail business may include sales at wholesale, provided that the physical incidents occurring on the premises of such wholesale transactions are of substantially the same character as the physical incidents


108


of its sales at retail direct to the consumer, and provided further that the major portion in number of its sales shall continue to be sales at retail.


8. A single family dwelling unit may be incorporated in a business building above the ground floor.


9. Only such signs as advertise goods and services offered by an occupant of the premises.


C. For the uses listed below a special permit for exception is required from the Board of Appeals prior to the issuance of a building permit. There shall be sub- mitted with application for permit a site plan as required in B above in instances where the outdoor parking of more than three (3) vehicles is required or proposed.


1. Automobile sales and service; Automobile sales ; outdoor automobile sales display ; service stations ; repair and storage garage, provided that washing, lubricating and major repairing of motor vehicles are performed inside of enclosed buildings and that all dispensing of fuels, lubricants and fluids is done entirely on the proper- ty of the station or garage; parking lot for passenger automobiles. Auto dismantling and junk operations are expressly prohibited.


2. Boats, sales, service, outdoor business display and storage. Provided that major repair of engines shall be performed inside of enclosed buildings, and that all dis- pensing of fuels, lubricants and fluids is done entirely on the property of the business.


3. The sale of building materials.


4. Light manufacturing, fabricating and processing, research and development activities under conditions that do not produce characteristics generally accepted as ob- jectionable, such as noise, fumes, dust, smoke or soot.


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5. Hotels, motels and similar facilities for guest accommodations.


6. The provisions of B 9 above relative to signs and outdoor displays shall apply to uses permitted herein by the Board of Appeals.


INTENSITY OF USE-Height, Area, Yard and Coverage Requirements.


A. Business uses : A building structure or open air use hereafter erected or commenced in a Business District shall be located on a lot and in such position to have not less than the minimum requirements set forth as follows :


In residence districts, all non-residential uses per- mitted therein shall be located on lots that conform to the minimum standards set forth for residential uses in the district in which the lot is located.


B. Special Requirements :


1. Lot area, frontage and depth.


BUSINESS


Minimum Lot Dimension


Minimum


Yard Dimension


Maximum Per-Cent of Lot


Max. Height of Buildings


area in frontage depth


front side rear


sq. ft.


in ft.


in ft.


ft.


ft.


ft.


15,000


100


100


10


no limits


No. of stories 21/2


Covered by Buildings 25


New or existing residential structures, the minimum requirements when applicable shall be those of the Single Residence District.


a. In the case of lots in the business district, which lots are non-conforming as to area and frontage but were recorded or registered prior to the adop- tion of the By-Law provisions that made said lots non-conforming, such lots may be built upon and


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used in conformity with the use provisions of the particular district, provided there was not other land of the same owner adjoining and available for use in connection with said parcel at the time of the adoption of the By-Law provision making said parcels non-conforming. Conformity to yard, height and coverage limitations is not waived hereby.


b. In determining the area and frontage of a lot there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot.


c. No lot, upon which is then located any building or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be sub-divided or reduced in area in any manner unless said lot shall thereafter be of sufficient area and width to meet the require- ments of this By-Law at the time of such reduc- tion and unless such lot so altered, and any building or buildings thereon, shall meet all the other re- quirements of this By-Law. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to any of the land so transferred or to the lot (s) retained until all of such land and lots meets the requirement of this By-Law. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been or was taken by eminent domain shall not be deemed to be transferred in violation of the provisions hereof.




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