USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1940 > Part 7
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(a) A garage for or storage more than three automobiles unless authorized by the Board of Appeals;
(b) Storage of more than one commercial automobile except on a farm.
(c) The taking of more than four lodgers;
(d) 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 twelve square feet; provided that on a lot occupied by a dwelling there may be not more than two signs 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 signs as are customary on any building used for the pur- poses permitted by this section.
9. Any of the following uses, provided it is not injurious, noxious or offensive to the neighborhood, and only if authorized by the Board of Appeals:
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(a) Alterations otherwise prohibited, of a dwelling, existing at the time this by-law is adopted, for more than one family;
(b) Aviation field;
(c) Cemeteries;
(d) Golf Club;
(e) Gravel, loam, sand or stone removal;
(f) Greenhouse;
(g) Hospital, convalescent home, sanitarium, institution, or phil- anthropic use;
(h) Ice Harvesting and storage on the same premises;
(i) Municipal use;
(j) Riding stable;
(k) Telephone exchange, not including a service station or outside storage of supplies.
SEC. III RESIDENCE C DISTRICT USES
In a residence C district no building shall be erected or altered and no building or premises shall be used for any purpose except
1. Any use permitted in a residence A or B district;
2. Dwelling, including apartment or tenement house but not a hotel;
3. Private club not conducted for profit.
SEC. IV BUSINESS USES
In a business district no building shall be erected or altered and no building or premises shall be used for any purposes injurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration, or noise or other cause or for any purpose except
1. Any use permitted in a residence C district;
2. Filling station or garage on approval of the Board of Appeals;
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 are to be sold at retail by the manufacturer to the consumer and provided further that not more than four operatives shall be employed in such manufacture;
9. Sign advertising goods or services offered by an occupant of the premises for sale, hire, or use.
SEC. V INDUSTRIAL DISTRICT USES
In an industrial district no building shall be erected or altered and no building or premises shall be used for any purpose injurious, noxious, or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration, or noise or other cause.
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SEC. VI NON-CONFORMING USES
1. CONTINUATION OF NON-CONFORMING USES. Any lawful building or use of a building or premises or part thereof existing at the time this by-law or any amendment thereto is adopted may be continued although such building or use does not conform to the pro- visions thereof, and such building or use may on approval of the Board of Appeals be extended throughout such premises, provided such use has not been discontinued for a period of one year.
2. CHANGE OF NON-CONFORMING USES. The Board of Appeals may permit any non-conforming use to be changed to any specified use not substantially different in character or more detrimental or objectionable to a neighborhood.
3. LIMITATION ON RESTORATION. No building which has been damaged by fire or other cause to the extent of more than three- quarters of its value shall be repaired or rebuilt except in conformity with this by-law unless the Board of Appeals so authorizes.
SEC. VII HEIGHT REGULATIONS
1. RESIDENCE DISTRICT HEIGHTS. In a Residence A, B or C district no building shall be erected or altered to exceed two and one- half stories in height unless it sets back from each street and lot line ten feet in addition to the requirements of Section VIII. No building shall exceed three stories in height.
2. BUSINESS AND INDUSTRIAL DISTRICT HEIGHTS. In a business or industrial district no building shall be erected or altered to exceed four stories in height. In an industrial district no dwelling shall be erected or altered to exceed two and one-half stories in height.
3. MEASUREMENT OF HEIGHT. A habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height four feet above the floor does not ex- ceed two-thirds the floor area of the story immediately below it shall be counted as a half story.
4. HEIGHT EXCEPTIONS. Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limits herein fixed.
SEC. VIII AREA REGULATIONS
1. REAR YARDS. In a residence A or B district there shall be behind every building except a one-story building of accessory use a yard having a minimum depth of one-quarter of the depth of the lot or thirty feet, whichever is the less. In a residence C business, or industrial district there shall be behind every dwelling a yard having a minimum depth of one-sixth of the depth of the lot or twenty feet, whichever is the less.
2. SIDE YARDS. In a residence A or B district no building except a one-story building of accessory use shall be built within ten feet of a side lot line or within twenty feet of any other building, and no one-story building of accessory use shall be built within five feet of any lot line unless there is a party wall; provided that on no lot existing at the time this by- law is adopted shall the aggregate width of side yards thus required be such that less than twenty-four feet of the width of the lot may be built upon. In a residence C business, or industrial district no building shall be built within seven feet of a side lot line unless contiguous thereto.
3. FRONT YARDS. In a residence A or B district no building or roadside stand shall be erected or placed within twenty feet of a street line, and no building of accessory use or farm or poultry farm building
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other than a dwelling or roadside stand shall be built within sixty feet of a street line, provided that no building other than a farm or poultry farm building need be set back more than twenty per cent of the depth of the lot, nor more than the average of the set backs ofthe buildings on the lots nearest thereto on either side, a vacant lot one hundred feet or more in width or a lot occupied by a building set back more than twenty feet being counted as though occupied by a building set back twenty feet. In a residence C district no building shall be erected within ten feet of a street line. In any district there shall be in front of every dwelling not fronting on a street a yard not less than thirty feet deep.
4. COURTS. In any district no window in a dwelling shall open on an outer court,-any open space enclosed on three sides by a building or buildings, or by a building and a lot line,-unless the width of such outer court equals or exceeds its horizontal depth measured from its open side, or on an inner court,-any open space so enclosed on all sides,-unless the minimum width of such inner court equals or exceeds its vertical depth.
5. LOT SIZE. No building, except one-story buildings of accessory use, shall be erected in a residence A district on a lot containing less than fifteen thousand square feet or less than one hundred feet wide and in a residence B district on a lot containing less than seventy-five hundred square feet or less than seventy feet wide, the lot width in each case to be measured through that part of the building to be erected where the lot is narrowest; provided that one building may be erected on any lot which, at the time this by-law is adopted, either is separately owned or contains five thousand square feet, is fifty feet wide and is shown on a recorded plan of lots. In a residence A, or B district not more than thirty-five percent of the area of any lot shall be occupied by a building or buildings, and in a Residence C, business or industrial district not more than fifty per cent of any lot accupied by a dwelling shall be occu- pied by a building or buildings, provided that on any corner lot an addi- tional four hundred square feet may be occupied.
6. CORNER CLEARANCE. Within the area formed by the lines of intersecting streets 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, or in the case of a rounded corner the point of intersection, of their tangents, no structure other than a building and 110 foliage shall be maintained between a height three and one-half feet and a height eight feet abov the plane through their curb grades.
7. APPURTENANT OPEN SPACE. No yard or other open space required for a building by this by-law shall during the existence of such a building be occupied by or counted as open space for another building.
8. PROJECTIONS. Nothing herein shall prevent the projection of steps, stoups not exceeding thirty square feet in area, eaves, cornices, window sills, or belt courses into any required yard.
SEC. IX ADMINISTRATION
1. ENFORCEMENT. This by-law shall be enforced by the In- spector of Buildings. He shall issue no permit for the erection or altera- tion of any building, or part thereof, plans and specifications and in- tended use of which are not in all respects in conformity with the pro- visions of this by-law. With each application for a permit to build there shall be filed a plan showing the lot, the area and location of which justify the building, and showing separately each open space appurtenant thereto.
2. CERTIFICATION OF OCCUPANCY. No premises or build- ing or part thereof hereafter erected or altered wholly or partly in use or structure or the open spaces pertaining to which are in any way reduced,
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shall be used until the Inspector of Buildings shall have certified on the building permit or, in case no permit is issued, shall have issued a certifi- cate of occupancy, specifying the use to which the premises, or the build- ing upon being sufficiently completed to comply with the provisions and regulations relating thereto, may be put.
3. BOARD OF APPEALS. There shall be a Board of Appeals of three members and one associate member appointed as provided in section thirty of chapter forty of the General Laws, as amnded, which shall act on all matters within its jurisdiction under this by-law in the manner pre- scribed in said section and subject always to the rule that it shall give due consideration to promoting the public health, safety, convenience, and welfare, encouraging the most appropriate use of land, and conserving property values, that it shall permit no building or use injurious, noxious, offensive, or detrimental to a neighborhood, and that it shall prescribe appropriate conditions and safeguards in each case.
4. PENALTY. Any person, firm, or corporation violating any of the provisions of this by-law shall be fined not more than tweenty dollars for each offense. Each day that wilful violation continues shall constitute a separate offense.
5. OTHER REGULATIONS. This by-law shall not interfere with or annul any by-law, rule, regulation, or permit, provided that, unless specifically excepted, where this by-law is more stringent it shall control.
6. VALIDITY. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision hercof.
So much of this by-law as is approved by the Attorney-General shall take effect upon its publication as required by law.
Article 4. On Petition. To see if the Town will rescind the action of the Annual Town Meeting of 1940 in fixing a site for the new fire station on the Adams Street Playground; and to further see if the Town will choose a site for the building of the fire station and raise and ap- propriate a sum of money for the same, or take anyother action relative thereto.
Article 5. On Petition. To see if the Town will vote to raise and appropriate a sum of money for the purchase of the French Estate, so- called being Plot 6 on Plan No. 1005 on file in the Assessors' Office, or take any action relative thereto.
You are directed to serve this Warrant by posting true and attested copies thereof in three public places in each Voting Precinct in said Town of Braintree, ten days at least before said eighteenth day of June, 1940, and by publishing the same once in each week for two successive weeks in the Braintree Observer, first publication to be at least eight days before said meeting.
Hereof fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk before said meeting.
Given under our hands at Braintree, this fourth day of June, in the year of our Lord, one thousand nine hundred and forty.
HENRY D. HIGGINS, Chairman HENRY H. STORM, Clerk ALBERT E. ROBERTS Selectmen of the Town of Braintree
A true copy, attest:
JOHN J. HEANEY Constable of Braintree
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Braintree, Mass., June 7th, 1940.
Pursuant to the foregoing Warrant I hereby notify and warn the inhabitants of the Town of Braintree, qualified as expressed therein, to meet at the time and place mentioned, for the purpose therein mentioned.
JOHN J. HEANEY Constable of Braintree
Braintree, Mass., June 7th, 1940.
Pursuant to the foregoing Warrant I have hereby notified and warned the inhabitants of the Town of Braintree, qualified as expressed therein, to meet at the time and place mentioned, for the purposes therein men- tioned.
JOHN J. HEANEY Constable of Braintree
SPECIAL TOWN MEETING
Braintree, Mass., June 18, 1940.
The Special Town Meeting was called to order at 8:00 P.M. by Mod- erator Wm. F. Rogers. The Town Meeting Members were checked on entering-163 present.
ARTICLE 1.
Voted: That Article 1 be taken up in conjunction with other articles in the warrant.
Mr. Palmer submitted a report of the Braintree School Survey Com- mittee appointed under Article 64 at the Annual Town Meeting in 1939. He asked that the committee be continued and if it is the wish of the Town, to get funds from some source to publish the entire report.
The Moderator stated that this report would be received as a pre- liminary report and there being no objection, or no other action, the committee will be continued.
Rev. J. Lyle McCorison submitted a preliminary financial report covering the activities of the Braintree Tercentenary Committee and recommended that the Town approve the contemplated action of its Tercentenary Committee in giving a commemorative medal to each pupil graduating this year from the grammar schools and a historical booklet to each pupil graduating from the High School. This report was received as a preliminary report.
Mr. Connell offered the following resolution:
RESOLVED: That it is the sense of this meeting that the Town should approve the contemplated action of its Tercentenary Committee in giving a commemorative medal to each pupil graduating this year from the grammar schools and a historical booklet to each pupil graduating from the High School. Unanimous vote-8:10.
ARTICLE 2.
Mr. Palmer moved: The adoption of this Code of By-Laws.
Mr. Anderson offered the following amendment to Article 13, Sec- tion 5-To read as follows: "No person shall distribute or display posters,
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handbills, placards, pamphlets or other advertising matter in any public street or way without first registering with the police department his name, address and the subject matter to be distributed or displayed"-Unani- mous vote.
The original motion offered by Mr. Palmer, as amended-Unani- mous vote. 8:26.
Mr. Foley offered the following resolution : Code of By-Laws, Article 1 -Section 9: That when a state of emergency is declared the Moderator be authorized to call a meeting of the Town Meeting Membres. The state of emergency shall be declared by proclamation by the President of the United States or the Governor of the Commonwealth of Massachusetts.
Voted: That this Resolution be proposed as an amendment to the By-Laws next year.
ARTICLE 3.
Mr. Palmer moved: The adoption of the Zoning By-Law as printed in the Town Warrant and as recommended by the finance committee ..
Mr. Frank L. Heaney submitted the detailed report and recommenda- tions of the Planning Board, also the Report and recommendations of the Zoning Committee.
The Moderator appointed the following to serve as tellers: Messrs. Fogg, Wade, Blewett, Spring, Jordan, Cummings, Quimby and White.
On the original motion offered by Mr. Palmer, there being 131 in the . affirmative and 16 in the negative, the motion was carried. 9:10.
ARTICLE 1.
Mr. Foley offered the following resolution: Since our last meeting the Town of Braintree has suffered a severe loss in the passing to a greater reward of one of our foremost citizens, James W. Colbert.
He was interested in the civic life of the Town, State and Nation, and debated on the floor of the Town Hall for measures that were for honest government. You always knew where he stood on every question.
His record in behalf of W.P.A. workers was known throughout the country when he condemned the must-go Banquets. His expression on the liberty of free speech and security were characteristic of his training as a true citizen.
He was a native of the Town and always proud of it, and he served it well.
If in the future, men and women of the Town will only take the same interest and have the same outstanding civic pride, our Town will go forward.
It is my sad duty to ask this Town Meeting to stand for a minute in respect to one who gave so much for his native town, and that the town clerk record this on the town records of our great loss in the death of James W. Colbert.
The assembly stood in silence for one minute .- 9:13.
ARTICLE 4.
Mr. Palmer moved: No action under Article 4-Not carried-10:35.
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Mr. Walker moved: That the action of the Annual Town Meeting of 1940 under Article 79, insofar as it applies to fixing the site of the proposed new Fire Station on the Adams Street Playground, be rescinded. -Carried 10:37.
Mr. Palmer questioned the legality of the action taken and stated it is very likely we will lose the Fire Station for this year.
Mr. Starr moved: That we build the new Fire Station on the site of the old station. Not carried-10:38.
Mr. Connell moved: That the Moderator appoint a committee of five, three of them from East Braintree, to select a site on which to put the Fire Station and report at a subsequent meeting. So voted-10:40.
ARTICLE 5.
Mr. Palmer moved: No action under Article 5. So voted-11:05. Voted : That the Special Town Meeting be adjourned. 11:05 P.M. A true copy, Attest:
ERNEST C. WOODSUM, Town Clerk.
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WARRANT FOR STATE PRIMARY
THE COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss. To either of the Constables of the Town of Braintree.
Greeting:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Prim- aries to meet in
Polling Place in Precinct One, Noah Torrey School.
Polling Place in Precinct Two, Town Hall.
Polling Place in Precinct Three, Legion Building.
Polling Place in Precinct Four, Penniman School.
Polling Place in Precinct Five, Hose House, Allen Street.
Polling Place in Precinct Six, Thomas Watson School.
TUESDAY, the Seventeenth Day of September, 1940, at 5:45 o'clock A.M. for the following purposes:
To bring in their votes to Primary Officers, for the Nomination of Candidates of Poltical Parties for the following offices :---
GOVERNOR for this Commonwealth; LIEUTENANT-GOVERN- OR, for this Commonwealth; SECRETARY OF THE COMMON- WEALTH, for this Commonwealth; TREASURER AND RECEIVER- GENERAL, for this Commonwealth; AUDITOR OF THE COMMON- WEALTH, for this Commonwealth; ATTORNEY GENERAL, for this Commonwealth; SENATOR IN CONGRESS, for this Commonwealth; REPRESENTATIVE IN CONGRESS, for 13th Congressional District; COUNCILLOR, for 2nd Councillor District; SENATOR, for Norfolk Senatorial District; 3 REPRESENTATIVES IN GENERAL COURT,
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for 3rd Norfolk Representative District; CLERK OF COURTS, for Norfolk County; REGISTER OF DEEDS, for Norfolk District; 2 COUNTY COMMISSIONERS, for Norfolk County;
And for the Election of the following officers:
19 DELEGATES TO THE STATE CONVENTION OF THE RE- PUBLICAN PARTY
8 DELEGAT8ES TO THE STATE CONVENTION OF THE DEMO- CRATIC PARTY.
The Polls will be open from 5:45 A.M. to 7:00 P.M.
And you are directed to serve this warrant by posting attested copies thereof, in three public places in each voting precinct in said Town of Braintree, ten days at least before said seventeenth day of September 1940, and by publishing the same once each week for two successive weeks in the BRAINTREE NEWS-ITEM, first publication to be at least eight days before said meeting.
Hereof fail not and make return of this warrant with your doings thereon, to the Town Clerk before said meeting.
Given under our hands at Braintree, this third day of September, in the year of our Lord, one thousand nine hundred and forty.
HENRY D. HIGGINS, Chairman. HENRY H. STORM, Clerk. ALBERT E. ROBERTS.
Selectmen of Braintree.
A true copy, Attest:
JOHN J. HEANEY Constable of Braintree.
Braintree, Mass., September 6th, 1940.
Pursuant to the foregoing warrant, I hereby notify and warn the inhabitants of the Town of Braintree, qualified as expressed therein, to meet at the time and places mentioned, for the purposes therein mentioned.
JOHN J. HEANEY Constable of Braintree.
STATE PRIMARY
Braintree, Mass., Sept. 17, 1940.
In accordance with the foregoing warrant, the voters assembled in the several precincts to cast their ballots for the various State and County Officers enumerated on said ballot.
The polls were opened in all precincts at 5:45 A.M. and were closed at 7 o'clock P.M.
The following Election Officers served:
PRECINCT 1. Frank M. O'Rourke, Warden; Lena J. Whitman, Clerk; Patrick L. Dalton, Constable; Grace E. Scott, John M. Sullivan, Thomas J. Sullivan, Frances A. Mallon, Dorothy A. Drinan, Nicholas Galotti, James B. Foley, Andrew A. Nichols, Michael P. Novelline.
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PRECINCT 2. J. Frank Lane, Warden; Charles H. Tobey, Clerk; John B. Dyer, Constable; Edward J. Sullivan, Thomas H. Barrett, Sarah I .Drummond, Mallie B. Wetherbee, Donald L. King, Everett F. Russell, Charles H. Roberts, Courtenay Atkinson, Joseph W. Sullivan.
PRECINCT 3. Herbert F. Stackhouse, Warden; Helen E. Hixon, Clerk; Philip F. Sullivan, Constable; Kay M. Wynot, Eugene T. Cleaves, Elva S. Belyea, Herbert L. Sears, Stuart D'Arigo, Olive V. Batchelder, Donald J. Gillespie, Francis J. Mahar, Harry F. Vinton.
PRECINCT 4. George A. Arnold, Warden; Harold T. Drinkwater, Clerk; Francis J. Mischler, Deputy Warden and Contable; Laura A. Morse, Deputy Clerk; Marion R. Griffiths, Ruth E. Nelson, Lillian M. Drinkwater, Alice G. Lewis, Mae E. Haynes, Amy A. Getchell, Fedora Trainor, John J. Tolleston.
PRECINCT 5. Thomas F. Cassidy, Warden; Mary M. Palmer, Clerk; Herbert Jeffers, Constable; Leo Vincent Kelley, Gladys Skinner, Robina F. Chadbourne; John J. Barrett, John A. Ryan, Ida G. Ward, Charles R. Durgin, Florence L. Remick, Mary E. Richards.
PRECINCT 6. William A. Boltz, Warden; Beatrice Diekmeyer, Clerk; Arthur Stenberg, Deputy Warden; Edgar G. Clark, Deputy Clerk and Constable; Elizabeth A. Silver, Ernest A. Parkis, Alice O. Buckley, Esther M. Ericson, Harry H. Moulton, Andrew Siegel, Michael Smith, Margaret Halloran.
At the close of the polls, the ballots were assorted, the vote of each political party counted separately, recorded and sealed according to law, after which they were forwarded to the office of the Town Clerk, where the figures were tabulated and the result announced.
The result of the ballot was as follows :---
Republican ballots cas 2316
Democratic ballots cast 304
Total number of ballots cast
2620
For nomination of candidates for:
GOVERNOR
Leverett Saltonstall (R)
2025
Paul A. Dever (D)
198
Francis E. Kelly (D)
88
LIEUTENANT-GOVERNOR
Horace T. Cahill (R) 2050
John C. Carr (D)
85
Owen A. Gallagher (D)
74
Francis P. Kelley (D)
81
Michael Phillip McCarron (D)
4
Charles E. O'Neill (D)
5
Raymond A. Willett, Jr. (D)
7
SECRETARY
Frederic W. Cook (R) 1973
Albret L. Fish (D)
38
Katherine A. Foley (D)
108
Arthur Michael MacCarthy (D)
41
Albert E. Morris (D)
59
82
TREASURER
William E. Hurley (R)
1970
Ernest J. Brown (D)
19
Patrick M. Cahill (D)
3
Joseph W. Doherty (D)
53
John J. Donahue (D)
52
John J. McGrath (D)
76
AUDITOR
Russell A. Wood (R)
1951
Thomas J. Buckley (D)
141
Thomas P. Flaherty (D)
27
William P. Husband, Jr. (D)
44
Leo D. Walsh (D)
44
ATTORNEY-GENERAL
Clarence A. Barnes (R)
391
Robert T. Bushnell (R)
288
William C. Crossley (R)
74
Edmund R. Dewing (R)
829
Michael A. Fredo (R)
40
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