USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1961-1965 > Part 6
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d. When a lot in one ownership is situated so that a part of it is in the Town of Duxbury and a part
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in an adjacent town or city, the provisions, regu- lations, and restrictions of the By-Law shall be applied to that portion of such lot as lies in the Town of Duxbury in the same manner as if the entire lot were situated therein, i.e., the entire area and frontage shall be considered in determin- ing conformity to dimensional requirements herein. The use of the portion of the lot in the Town of Duxbury shall conform to the provisions herein.
2. Yard, height and coverage.
a. Front yard dimensions shall be measured from the right of way line of the way giving legal access to any lot where a plan of the way is on file with the Registry of Deeds or, in the absence of such a plan, from a line twenty (20) feet from and parallel with the center line of the traveled way. Where present buildings on adjoining lots are less than forty (40) feet from the way line, new buildings may be placed as near the way line as the average of the buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as though occupied by a building set back forty (40) feet.
b. The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses and other accessory structural features usually carried above roofs, nor to domes, towers, or spires of churches or other buildings provided such features are in no way used for living pur- poses, and further provided that no such structural feature of any building shall exceed a height of sixty-five (65) feet from the ground except by spe- cial permit for exception by the Board of Appeals.
c. In Business Districts any yard space or area re- quired to be kept open and unbuilt upon may
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nevertheless be used for off street automobile parking, if otherwise lawful, except that a strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open, unpaved and not parked upon along each side and rear property line of such a lot wherever it abuts a residential district.
d. In a business district no accessory building or structure shall be located within the required front yard area. Accessory structures may be appended to the principal building or to another accessory building.
e. No lot, yard, court or other open space already having less than the minimums required in these by-laws shall be further divided or reduced.
f. Projections. Nothing herein shall prevent the projection of steps, stoops not exceeding thirty (30) square feet in area, eaves, cornices, window sills, or belt courses into any required yard.
GENERAL REGULATIONS
A. Minimum off-street parking and loading re- quirements.
1. In a business district off-street parking space shall be provided in connection with the original erection or increase by units or dimensions of any building or structure in the following amounts :
a. For residential uses, two parking spaces for each family housed on the lot.
b. For general retail business, commercial and per- sonal service establishments, parking facilities on the basis of (1) parking space per 70 square feet of floor area, exclusive of basement storage space
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or other space not used for business purposes. In addition to this amount, one (1) space for each two (2) employees shall be provided.
c. For office, professional or public buildings having a floor area of over 2,000 square feet exclusive of basement, one off-street parking space for each 200 square feet of ground floor area not used for bulk storage and one (1) parking space for each 400 square feet of floor area other than the ground floor.
d. For restaurants, tea rooms, lunch counters, or other facilities for eating or drinking, one (1) parking space for each three (3) employees plus one (1) additional space for each four (4) patrons accommodated at tables or counters.
e. For roadside stands, filling stations, automobile repair shops or other roadside service establish- ments, one (1) parking space for each two (2) employees plus such additional spaces for cus- tomer-motorists as the Board of Appeals shall deem necessary, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
f. For any and all uses or structures not specifically provided for in the foregoing enumeration, such parking space as the Board of Appeals shall de- termine to be necessary, considering the activities involved, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
2. Whenever after the date of this By-Law, there is a charge in the lawful use of the premises or in the number of employees or business visitors or any other
114
unit of measurement specified in any of the foregoing paragraphs of this Section, and whenever such change creates a need for an increase of more than 20% of the number of off-street automobile parking spaces as de- termined by the requirements of this Section, more off- street parking facilities shall have been provided on the basis of the adjusted needs, as determined by this Section. When a building or use that does not conform to these off-street parking requirements is expanded, parking space as specified shall be provided for the expansion.
3. Mixed uses : In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this subsection : parking facilities for one use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated that the need for parking occurs at dif- ferent times.
4. Location of facilities : Off-street automobile park- ing facilities, to the extent required in this section may be provided either on the same lot or premises with the parking-generating activity or on any lot or premises a substantial portion of which, at least, is within 200 feet of such activity.
5. Parking areas shall be used for automobile park- ing only with no sales, dead storage, repair work, dis- mantling or servicing of any kind. The required parking areas shall be permanently available for use by patrons and employees of establishments providing such space.
6. Design standards.
a. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering areas. Ac-
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cess to and from lots shall be through designated driveways with openings or curb cuts not in excess of forty (40) feet in width at exterior line of public or private way.
b. Said parking areas shall be provided and main- tained with a permanent dust-free surface, shall be provided with adequate drainage and shall have bumper guards where needed for safety.
c. If lighting is provided, the source of light shall be so arranged and shielded as to prevent direct glare from the light source into any public street or onto adjacent property.
d. Parking lots immediately adjacent to a Residence District shall be adequately screened from view from said Residence District by trees, hedges, or a tight fence.
7. Off-street loading: On the same premises with every building where goods are received or shipped, which is newly erected or increased by units or dimensions after the date of adoption of this By-Law, adequate load- ing areas shall be provided. Every part of such loading area shall be located completely off the street.
8. Construction approved prior to enactment of By- Law provision. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within six (6) months of the date of such permit, and which entire building shall be com- pleted according to such plans as filed within two (2) years from the date of enactment of this By-Law.
9. Lack of required parking or loading space. A building or structure which is non-conforming as to the
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requirements for off-street parking space shall not be enlarged or altered to create additional dwelling units, or seats as in the case of places of public assembly, or floor area as in the case of commercial, industrial, busi- ness or institutional or recreational buildings, or accom- modations as in the case of hotels, motels, and tourist homes unless off-street parking is provided for such addi- tion, enlargement or alteration. A building which is non-conforming as to the requirements for off-street loading space shall not be enlarged or added to, unless off-street loading space is provided sufficient to satisfy the requirements of this By-Law for both the addition or enlargement and the original building or structure.
ADMINISTRATION
1. 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 board shall take immediate steps to en- force this By-Law in any manner provided by law. No person shall erect or alter a building or other structure in this town without a permit from the Selectmen granted upon application made to them upon a form prescribed by them. If the Selectmen find that the construction, loca- tion and proposed use of the building or structure to which the application relates in the place specified in the application are authorized by this By-Law, they shall grant such permit; otherwise they shall refuse it. Such building permit as may be required by the building code of the Town of Duxbury shall be considered as the same as that required above.
Matter accompanying application. Each application to the Building Inspector for a building permit or a certificate of occupancy shall be accompanied by a site plan showing the location, area and dimension of the lot and all buildings, yards, and parking spaces, existing and
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proposed. Where off-street parking required by the By- Law is proposed on a lot other than the lot on which the building is located, a plan of the off-street parking area shall also be provided.
2. After the building, or part thereof, has been com- pleted, altered, enlarged or relocated, the owner or his agent shall obtain a certificate of occupancy for the pro- posed use before the same may be occupied or used.
In cases of use and occupancy of any building or structure, or part thereof, during a period of construction or alteration, the Building Inspector may issue temporary certificates for periods not exceeding six (6) months.
Applications for occupancy permits shall be filed with the applications for building permits and shall be allowed or denied in writing, (which writing shall contain the cause of the action taken), within seven (7) days after the Inspector of Buildings has been notified in writing that a construction or alteration of such building or structure has been completed.
3. Any person violating any of the provisions of this By-Law may be fined no more than $20.00 for each of- fense. Each day that such violation is permitted to exist after written notification thereof by the Building In- spector shall constitute a separate offense.
The original motion was then voted. Vote: Yes 192; No 0.
Under Article 46, which reads "To see if the Town will vote to amend its Protective By-Law in the following particulars :
To change from a residence district to a business district two certain parcels of land shown as Lot T 14 B and Lot S 26 on the Assesors' Map of Dux- bury, said lots being located at the junction of Chest-
n a e ot Id
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nut Street and Tremont Street (Route 3A) ; and by changing and amending accordingly the map entitled "Map of Town of Duxbury, Massachusetts, to Accom- pany Protective By-Law," dated January, 1944. By Petition."
Voted down by a vote of No 137; Yes 27.
Under Article 47, it was moved and seconded that the Town authorize the Selectmen to purchase a certain parcel or parcels of land located on the Easterly side of Chandler Street, being Lots 38 and 44 of Block I of the Duxbury Assessors' Map, for future Town use such as schools, fire station, playground and/or other town needs, and raise and appropriate the sum of $30,000.00 for this purpose. An amendment was made to raise the $30,000. by borrowing $26,500. to be repaid in 10 equal annual payments and the balance of $3,500.00 to be transferred from available funds. This amendment failed. The orig- inal motion was then voted in favor. Vote : Yes 152, No 16. The Finance Committee stated that they wished to be re- corded as being opposed to the vote as passed.
Under Article 48, it was voted unanimously to accept the provisions of Chapter 647 of the Acts of 1960, which provides for increasing the amounts of pension and re- tirement allowances payable to certain former public employees.
Under Article 49, it was voted to raise and appro- priate the sum of $5,800.00 for the purpose of purchas- ing a heavy duty truck for the Highway Department.
Under Article 50, it was voted to raise and appro- priate the sum of $3,000.00 for the purpose of adding garage space for the Police Department cruising cars.
Under Article 51, it was moved and seconded that the Town authorize the Selectmen to purchase a certain
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parcel or parcels of land located on the westerly side of Depot Street, being lot 45B on Block S of the Duxbury Assessors' Map, containing approximately 3 acres, for future town use such as a fire station, police station and/or other Town use and raise and appropriate $28,000.00 for this purpose. An amendment was made to substitute "take $28,000.00 from the available funds in the Treasury" rather than "raise and appropriate" such an amount. This amendment was voted in favor- Vote: Yes 93, No 27. The original motion as amended was then voted down. Vote: No 110; Yes 39.
Under Article 52, it was moved and seconded that in view of the expressed needs for additional land for future Town purposes the Moderator be authorized to appoint a "Site Committee" of five to consider acquisi- tion of all or part of the property described in this Ar- ticle (being Lots 145A and 148A on Block S of the Dux- bury Assessors' Map) and in other areas recommended by the Planning Board; to determine prices at which such properties might be acquired; and to make specific recommendations as to the acquisition of such properties to the Town not later than the next Annual Town Meet- ing, and that the sum of $200.00 be raised and appro- priated for these purposes. This Committee shall be made up of two (2) members from the Planning Board, one (1) member from the School Committee, one (1) member from the Finance Committee and one (1) mem- ber at large. An amendment to this motion was made and seconded that the Town authorize the Selectmen to take by Eminent Domain as provided by Chapter 79 of the General Laws, certain parcels of land, containing about 114 acres on the easterly side of Washington Street, being parcels of land shown as Lots 145-A, 148-A, 146-B on Block S of the Duxbury Assesors' Map, for use as a parking lot and access route to the shore line, and raise
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and appropriate $12,000.00 for this purpose. This amend- ment was voted down by a vote of No 83, Yes 42. The original motion was then voted favorably.
Under Article 53, it was voted to raise and appro- priate the sum of $3,000.00 for the purpose of repairing the sidewalks at Hall's Corner.
Under Article 54, it was voted to accept the pro- posal of the members of the Class of 1961 and name the new Junior-Senior High School gymnasium after a man who gave outstanding service and loyalty to the Town of Duxbury and its children. The Class of 1960 proposes that the new gymnasium be named the "T. Waldo Her- rick Memorial Gymnasium."
The registered voters were checked on the voting list, showing 486 names checked-278 Males and 208 Females.
Total appropriations $1,322,751.67 (raised by taxa- tion).
Meeting adjourned at 9:00 P.M.
Respectfully submitted,
MAURICE H. SHIRLEY
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TOWN OF DUXBURY ANNUAL TOWN ELECTION March 18, 1961
The polls were opened at 8:00 A.M. and closed at 8:00 P.M.
The ballot box, after the Absentee ballots were de- posited, indicated 1,417, 60 being Absentee ballots, and 1,417 were taken from the ballot box.
Votes
SELECTMAN - For Three Years
James H. W. Jenner 1,300
Scattered 2
Blanks 115
And James H. W. Jenner was declared elected.
ASSESSOR - For Three Years
James H. W. Jenner
1,289
Scattered 1
Blanks 137
And James H. W. Jenner was declared elected.
MODERATOR - For One Year
Bartlett B. Bradley
1,314
Blanks 103
And Bartlett B. Bradley was declared elected.
MEMBER OF THE BOARD
OF PUBLIC WELFARE - For Three Years
Howard M. Clark 1,239
Paul N. Swanson
1,268
Blanks 327
And Howard M. Clark and Paul N. Swanson were leclared elected.
122
SCHOOL COMMITTEE - For Three Years
John Anson Brock, Jr. 176
Francis C. Rogerson, Jr. 548
John F. Spence, Jr. 672
Blanks 21
And John F. Spence, Jr., was declared elected.
COLLECTOR OF TAXES (Unexpired term) - For One Year
Harry R. Gunnarson 365
Wesley B. Stuart 855
William M. Wadsworth 156
Blanks 41
And Wesley B. Stuart was declared elected.
TREE WARDEN - For Three Years
Roy E. Parks
1,346
Blanks 71
And Roy E. Parks was declared elected.
WATER COMMISSIONER - For Three Years
Eugene F. Redlon
686
Alpheus H. Walker
681
Blanks 50
And Eugene F. Redlon was declared elected.
CONSTABLES - For One Year
Earl W. Chandler 1,287
Lawrence C. Doyle
1,299
Henry P. McNeil 1,282
Blanks 383
And Earl W. Chandler, Lawrence C. Doyle, and Henry P. McNeil were declared elected.
123
CEMETERY TRUSTEE - For Five Years
Carl E. Johnson 1,336
Blanks 81
And Carl E. Johnson was declared elected.
MEMBER OF THE PLANNING BOARD -
For Five Years
Lucius A. Howard
1,320
Blanks 97
And Lucius A. Howard was declared elected.
The meeting was adjourned at 10:50 P.M.
Respectfully submitted,
MAURICE H. SHIRLEY,
Town Clerk
RECOUNT OF VOTES
This is to certify that pursuant to a properly exe- cuted petition to the Board of Registrars for a recount of votes cast at the Town Election held March 18, 1961 for Water Commissioner, a recount was held on March 31, 1961 at 7:00 P.M. in the Selectmen's Office, with the fol- lowing results :
WATER COMMISSIONER Votes
Redlon, Eugene F. 686
Walker, Alpheus H. 681
Meeting adjourned at 8:15 P. M.
1
6
1 50
99 82 83
nd
6
124
Present were
Willard R. Randall Harry A. McNaught Maurice H. Shirley
Registrars
Philip W. Delano
Substitute for Absent Registrar
Alpheus Walker
Eugene Redlon
Candidates
Robert S. Crocker
Observer for Redlon
Herbert Walker
Observer for Walker
125
REPORT OF SPECIAL TOWN MEETING
August 4, 1961
The meeting was held in the High School Audi- torium and was called to order at 8:07 P.M. by the Moderator, Bartlett B. Bradley.
The Town Clerk read the Warrant and the return of service thereof.
The invocation was led by the Rev. John William Estes, Jr.
The tellers were Elwin N. Burdick, Mary Ann Fen- ton, Mary S. Crocker, Eunice B. Dohoney, Alice B. Merry and John Alvin Borgeson.
The Moderator announced that a quorum being pres- ent, we would proceed with the business of the meeting.
Under Article 1, it was voted unanimously to trans- fer from available funds in the Treasury, the sum of $11,000.00 for the purpose of providing new sewage dis- posal facilities for the original Elementary School Build- ing.
Meeting adjourned at 8:16 P.M.
MAURICE H. SHIRLEY Town Clerk
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APPOINTMENTS BY THE MODERATOR
Appointments to the Finance Committee for a term of three years :
Henry W. Palmer, Harrison Street (second term)
Charles H. Fargo, Lovers Lane
Stanley D. Waters, Marshall Street
In accordance with the vote under Article 52 at the Annual Town Meeting on March 11, 1961, the following "Site Committee" was appointed :
At Large - Alexander C. Colburn, Chairman
Planning Board - Lucius A. Howard, Atherton Loring
School Committee - Walter B. Collins
Finance Committee - Edward B. Peters
In accordance with the vote under Article 43 at the Annual Town Meeting on March 11, 1961, the following committee was appointed to study the establishment of a Conservation Commission :
Frankland W. L. Miles, Jr., Chairman Oliver L. Barker Mrs. Stuart Huckins
June 8, 1961
To Mr. Maurice H. Shirley, Town Clerk
Dear Mr. Shirley :
Re: Recreational Activities Committee
Please accept this letter as official notice that Paul N. Swanson has resigned as a member of the Recreational
127
Activities Committee - said resignation to become effec- tive as of the date of our acceptance.
The Selectmen, with deep regrets, have voted to ac- cept Mr. Swanson's resignation as of June 8, 1961.
Very truly yours,
PHILIP W. DELANO JAMES H. W. JENNER J. NEWTON SHIRLEY Board of Selectmen
October 11, 1961
Dear Mr. Shirley :
Re: Planning Board Vacancy
The Board of Selectmen have received a letter from the Duxbury Planning Board, which reads as follows :
"This is to notify you that there exists a vacancy on the Duxbury Planning Board due to the resignation of Mr. David Marshall.
We respectfully request that you take the necessary steps to fill this vacancy."
Very truly yours,
PHILIP W. DELANO Chairman, Board of Selectmen
October 27, 1961
Dear Mr. Shirley :
Re: Duxbury Planning Board
The Selectmen have asked me to notify you that at a joint meeting of the Selectmen and the remaining mem-
128
bers of the Duxbury Planning Board, held on October 23, 1961, Mr. Faneuil Adams, of Marshall Street, was elected to fill the vacancy resulting from the resignation of Mr. David Marshall.
Very truly yours,
ISABELLE V. FREEMAN Clerk, Board of Selectmen
Termination notice of Earl W. Chandler, Chief of Police, received and dated October 31, 1961. Last date of employment 10/31/61. Retired as of 10/31/61.
PHILIP W. DELANO, Appoint. Authority MAURICE H. SHIRLEY, Treasurer
Lawrence C. Doyle was appointed by the Selectmen as ACTING CHIEF OF POLICE as of November 1, 1961 to serve until receipt of confirmation as Chief by the Bureau of Civil Service.
PHILIP W. DELANO JAMES H. W. JENNER J. NEWTON SHIRLEY Selectmen of Duxbury
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ELECTION OFFICERS - Appointed by the Selectmen
August 10, 1961 to serve until August 15, 1962
Warden - Elwin N. Burdick (D)
Deputy Warden - Norman W. Rodham (D) Deputy Inspector - Everett C. Marston (D) Inspector - Vera Olsen (D) Clerk - Maurice H. Shirley (R) Deputy Clerk - Mary Crocker (R) Inspector - Eunice Dohoney (R) Deputy Inspector - Alice Merry (R) Tellers - J. Alvin Borgeson (R) Nancy H. Brock (D) Andrew C. Burke (D) Florence E. Crosby (R) Mary Fenton (D) Eileen Jones (R)
Barbara C. Killion (D) Edith D. Lucey (D) Phyllis Randall (R) Clarence O. Snider (R) Nancy Teravainen (R) Nina K. Wadsworth (R) Joseph Walsh (D)
BIRTHS RECORDED IN DUXBURY IN 1961
Date
Name
Jan. 1
Diana Barbara Stott
Jan. 1
Robert Arthur Burdick
Elwin N. and Virginia
Jan. 2
Andrea Benevento
Charles and Sara
Southwick
Jan. 9
Lisa Louise Glass
Richard D. and Greta E.
Glass
Jan. 9
Jeffrey John Roderick
Joseph J. and Diane M.
Doten Annis
Jan. 13 Holly Laura Stevenson
Jan. 23
Ronald Tracy Flockton, Jr.
Ronald T. and Charlotte M.
Alander
Jan. 25
Julia Lynne Thibodeau
Robert E. and Phyllis J.
Paulding
Jan. 26 Gregg William Norris
Jan. 30 Kathleen Julia O'Neil
John T. and June E.
Chenery
Jan. 31
Mark Osborn Simpson
Robert A. and Ruby E.
Osborn
Jan. 31 Stacey Katherine Bruce
Feb. 2 Kenneth John Robinson
Feb. 8
Anna Cahill Scoble
Feb. 10
Michele Ann Randall
Feb. 10 Charles Louis Fernandes, Jr.
Feb. 10 Sean Thomas Carroll
Feb. 11
Harold John Marathas
Perry J. and Mary L.
James I., Jr. and Jean
Carlton W. and Patricia J.
Albert T., Jr. and June L. George F. and Patricia J.
Richard E. and Ann Carl A. and Anne L. Donald Francis and Nancy Jerome Benjamin and Nancy William R. and Lorraine T. William R. and Lorraine T.
Wentworth Hardy Taggart Johnston April April
130
Parker Gude
William C. and Elizabeth H.
LeRoy I. and Marilyn C.
Olson
Charles L. and Delores J.
Francis H. and Ann E.
Harrison
Feb. 14 Jennifer Brooks Peters
Feb. 22 Feb. 25 Brian Matthew Tripp Feb. 26 Patricia Abigail Kane
Mar. 6 Mar. 7 Carl Arthur Carlson, II
Pamela Eames
Mar. 12 Mark David Dowd
Mar. 14 Jerome Benjamin Dewing II Mar. 20 Mary Elizabeth Whitehouse
Mar. 20 Kathleen April Whitehouse
Names of Parents
Thomas E., Jr. and Mary E.
Robert Louis and Barbara O.
Kenneth M., Sr. and Elaine C.
Randall
John Douglas and Patricia Ruth
Alexander
James L. and Jean E.
Roderick
Waitt Hudson Mitchell Thomas Bridgham
Robert Jeffrey Thomas
Mother's Maiden Name
Authelet Glass
Mar. 21 Mar. 23 Nancy Jean Linde
Mar. 29
Adam Warren Mathewson
Mar. 30 Amy Sanders Hall John Mathew Peters
Mar. 30 Mar. 31 Christopher Cameron Stanbro
Mar. 31 Ariel Winslow Fowler
Apr.
3
Robert Allan Hurley, Jr.
Apr.
16
Margaret Teresa Rogerson
Apr.
16
Linda Grace Bennett
Apr.
21
Katie Anne Vickers
Apr.
27
Kurt Anton Hornicek
Apr. 28 Cynthia Lynn Werner
May
1
Katherine Anne Pynn
Linda Picardi
May
4
May 5 Rebecca Lynn Reid
May 8 Steven Warren Monks
May 23 Diedre Marie Barclay
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