USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1955 > Part 3
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ARTICLE 18. To see if the Town will vote to raise and appropri- ate or transfer from available funds a sum or sums of money to reimburse Battery "C" 126th AAA AW BN (SP) Mass. N. G. for expenses of drill grounds, firing range and incidental expenses, or take any other action relative thereto.
UNANIMOUSLY VOTED: That there be raised and appropri- ated the sum of $450.00 to reimburse Battery "C" 126th AAA AW BN for expenses of drill grounds, firing range and incidental expenses, said sum to be expended by the Selectmen.
ARTICLE 19. To see if the Town will vote to accept General i aws, Chapter 85, Section 11A relative to REGISTRATION and OPERATION OF BICYCLES and raise and appropriate a sum of money for the operation thereunder.
UNANIMOUSLY VOTED: No Action.
ARTICLE 20. To see if the Town will vote to accept an act passed by the General Court at the current Session thereof entitled "An Act authorizing the transfer of the Braintree Cemetery Association property and funds to the Town of Braintree," or take any other action relative thereto.
MOVED by Mr. Hollis of the Board of Selectmen:
That the Town accept Chapter 15 of the Acts of 1955 authorizing the transfer of the Braintree Cemetery Association property and funds to the Town.
SO VOTED
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ARTICLE 21. To see if the Town will vote to abolish Industrial Development Commission created by vote under Article 59 of the warrant for the annual meeting of 1954.
UNANIMOUSLY VOTED.
ARTICLE 22. To see if the Town will vote to establish the James W. Colbert Library, to appropriate a sum of money therefor from the funds left for the purpose under the will of James W. Colbert, or take any other action relative thereto.
Mr. Alden submitted the report of the Colbert Trust Fund Study Committee as follows:
The Colbert Trust Fund Study Committee was appointed by the Moderator following a vote of the Annual Town Meeting of 1953 under Article 2 which is recorded as follows:
Mr. Bryant moved: That a Committee of three be appointed by the Moderator to study the advisability of using the Colbert Trust Funds to establish a library for young people and that said Commit- tee render its report at the next Special or Annual Town Meeting. Unanimously carried.
The Colbert Trust Fund referred to is the sum of money be- queathed to the Town under the will of James W. Colbert, which bequest was accepted by the Town at a regularly constituted Town Meeting in 1941. The terms of the bequest as it pertains to the Library Trust Fund are as follows :
Upon the appointment of my Trustee said Trustee shall offer the entire principal of the Trust Fund held by the Trustee or to which it shall be entitled, subject to the trust established in Clause 16, (1), above, to the Town of Braintree, situated in the County of Norfolk. Massachusetts, within (60) repeat days after the appointment of said Trustee, upon the following terms and conditions, to be attached to and made a part of this offer.
(a) That the fund shall be used for a building, books and other equipment of a public library to be located in said Town of Braintree.
(b) That the said Library shall be known as the COLBERT PUBLIC LIBRARY and that the name shall never be changed.
(c) That the Library shall never be a Branch or subsidiary of any other Library in the Town.
(d) That the said Library shall be a separate unit, with a separate Board of Trustees consisting of no more than (6) members and no member shall be chosen who is a Trustee or Officer of any other library in the town.
(e) That the said Town shall vote to accept or reject said offer and conditions attached thereto at a regular or special Town Meeting within (1) year from the date of the offer. If no action is taken by the Town of the acceptance of this gift within the one (1) year period, such failure on the part of the Town to act shall be considered by my Trustee as an irrevocable rejection on the part of said Town.
The status of the fund as of 1 January 1955 was as follows:
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Principal from the bequest $40,443.76
Accumulated interest 8,598.76
Total available $49,042.52
The Town Treasurer acts as Trustee of this fund.
The report of the previous Committee as presented to the Annual Town Meeting of 1953 by Committee Chairman Henry H. Storm has been a useful reference in the deliberations of this Committee.
Of the several possibilities that have been considered, only one was considered feasible. The following proposal represents the action of the Committee:
To dedicate the existing library at the High School as the James W. Colbert Public Library; to name the School Committee ex-officio as trustees of said Library under the will; augment that Library by books purchased with prior accruals from the fund and then maintain it with the income from the principal of the fund.
This proposal, having been considered favorably by representa- tives of the School Committee who met in joint session with the Colbert Trust Fund Study Committee for this purpose, was presented to the Braintree School Committee who approved the proposal at a special meeting held Thursday evening, 7 January 1954, subject to the following :
1 Any citizen of the Town would be granted admittance to the James W. Colbert Public Library during any day the school is in' session.
2 The Library would also be open in the evening at least three nights a week during the twenty weeks of the evening school session.
3 Whereas the six members of the School Committee would serve as Trustees of the James W. Colbert Public Library, there must be a provision that no Trustee of the Colbert Public Library could at the same time be a Trustee of the Thayer Public Library.
JOHN ALDEN, Chairman HAROLD F. ROBINSON, Secretary RICHARD A. HUNT
UNANIMOUSLY VOTED : That the report of the Colbert Trust Fund Study Committee be accepted with thanks.
Upon motion duly made by Mr. Alden, it was
UNANIMOUSLY VOTED: That the existing library at the Braintree High School be, with the assent of the School Committee, established and dedicated as the "Colbert Public Library" under the terms of the will of the late James W. Colbert; and further, that the said library shall be under the exclusive control of a Board of Trustees, the members of which shall be the members for the time being of the Braintree School Committee serving ex-officio as such Trustees, with full power to draw upon the principal or accumulated income from funds left under said will for said purposes; provided particularly that any member of the School Committee who may at the same time be a Trustee or officer of any other library in the Town shall be disqualified from serving on such Board of Trustees, and pro- vided further that said Trustees may operate and maintain said
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Library either at the Braintree High School or at any other public school or schools within said town at their discretion.
ARTICLE 23. (As previously noted Article 23 was considered in conjunction with Item 26 of Article 6.)
ARTICLE 24. To see what sum or sums of money the Town will vote to raise and appropriate or transfer from available funds for Hydrant Maintenance, or take any other action relative thereto.
UNANIMOUSLY VOTED: That there be raised and appropri- ated the sum of $15,525.00; said sum to be paid to the Water Depart- ment for Hydrant Service during 1955.
ARTICLE 25. To see if the Town will vote to raise and appropri- ate or transfer from available funds a sum of money for the purpose cf chlorinating that portion of Sunset Lake comprising the bathing area during the summer of 1955 and designate the department which shall be responsible for such expenditure of such appropriation, or take any other action relative thereto.
UNANIMOUSLY VOTED: That there be raised and appropri- ated the sum of $1,900.00 to be expended under the direction of the Water Department for the purpose of chlorinating that portion of Sunset Lake comprising the bathing area during the summer of 1955.
ARTICLE 26. To see if the Town will vote to amend Building Code by-law by adding at end of Part III a new section as follows:
"In all new construction there shall be provided a direct outside exit from the cellar or basement."
UNANIMOUSLY VOTED.
ARTICLE 27. (As previously noted Article 27 was considered in conjunction with Item 21 of Article 6.)
ARTICLE 28. ON PETITION. To see if the Town will vote to strike out Section 5 of the Building Code of the Town of Braintree and insert in place thereof the following schedule of fees, or take any action pertaining thereto:
First-class buildings, valuation not exceeding $5,000. $10.00
Second-class buildings, valuation not exceeding 4,000. 7.50
Third-class buildings, valuation not exceeding 3,000. 5.00
Alterations of buildings, and the erection of sheds, garages and like small buildings, valuation not exceeding 1,000. 3.00
Elevators
5.00
Grade of foundations and cellars
3.00
Certificate of Occupancy
3.00
An additional fee of $1.00 per $1,000. valuation over the above tables shall be charged; provided, however, that the amount of any fee shall not exceed the sum of Five Hundred (500.00) Dollars.
Fees shall accompany the application and shall be refunded if the permit is not granted.
UNANIMOUSLY VOTED.
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ARTICLE 2.
MOVED the adoption of the following resolution by Mr. Albee : Resolved, that it is the wish of this town meeting that a committee of seven (7) be appointed by the Moderator to study and report back to the 1956 annual town meeting or insert any necessary article in the next annual town warrant relative to the advisability of a central purchasing agency or some other appropriate method of coordination for all eligible town departments.
This committee shall have one (1) member from the Personnel Board, one (1) from the Finance Committee, one (1) from the Board of Selectmen and four (4) from the town's voting list.
SO VOTED
The report of the Planning Board was submitted by Mr. Magaldi, Chairman, in conjunction with the consideration of Articles 29, 30, 31, 22 and 63. The first section of the report is as follows:
In accordance with the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, the Planning Board submits this report to the March 1955 Annual Town Meeting.
On Friday, February 4, 1955, the Planning Board caused to be advertised in the Braintree Observer, Articles 29, 30, 31, 32 and 63 as they appear in the Warrant for the March 21, 1955 Annual Town Meeting, giving notice that the Planning Board would hold a public hearing on the said articles which all relate to proposed changes in the Zoning Map and the Zoning By-Law. The notice of the public hearing informed the citizens that maps showing the proposed changes had been posted with the Warrant for the Annual Town Meeting and were also available for inspection at the Town Engineer's office in the Town Hall. A notice calling attention to the public hearing appeared in the February 11 and February 18, 1955 issues of the Braintree Observer.
The advertised public hearing was held as scheduled, Thursday cvening, February 24, 1955 at the Town Hall. Maps showing all changes proposed in the articles referred to in this report were posted and available at the public hearing. Approximately 100 citizens attended the public hearing, and expressed their views for the con- sideration of the Planning Board. After due consideration of the arguments for and against the proposed changes and mindful of the best interests of our Community and citizens the Planning Board reports and recommends as follows.
ARTICLE 29. To see if the Town will vote to amend the Zoning By-Law and the Zoning Map dated May 2, 1940, as amended by pro- viding that the following described area, now classified as a Residence P. district be changed to a Business District :- A tract of land in the Northwesterly part of the Town of Braintree adjacent to the City of Quincy-Town of Braintree boundary line containing approximately 190 plus or minus acres, bounded and described as follows: Beginning at the junction of Granite Street and the Town of Braintree-City of Quincy boundary line and running Southerly along said Granite Street for a distance of approximately four thousand (4,000) feet, thence turning and running Easterly to Lakeside Drive, along Southerly boundary of Plots No. 2-16 on Assessors' Plan No. 2089 and Plot No. 93 on Assessors' Plan No. 2039, approximately Nine Hundred Twenty
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(920) feet, thence continuing Easterly along Lakeside Drive approxi- mately One Thousand Seven Hundred Fifty (1,750) feet, thence turn- ing and. running Northerly along the Westerly Boundary line of Plot No. 1 (School Property) as shown on Assessors' Plan No. 2039; approximately Nine Hundred Fifteen (915) feet, thence turning and running Easterly on the Northerly boundary of said Plot No. 1 approximately Four Hundred Eighty (480) feet, thence turning and i unning Northwesterly on the Northeasterly side of Plots N. 1, 2, 3, and 22 as shown on Assessors' Plan No. 2059 to the Northerly end of Peak Street approximately Nine Hundred Eighty (980) feet, thence turning and running Northerly along the Easterly side of Plots No. 2, 3, and 4 as shown on Assessors' Plan No. 2081 for a distance of approximtaely One Thousand Four Hundred (1,400) feet to the City of Quincy boundary line, thence turning and running Westerly along the City of Quincy-Town of Braintree boundary lines to the point of beginning for a distance of approximately Three Thousand Six Hundred (3,600) feet.
The foregoing described area is shown in full detail on Assessors' Plans as follows :
Assessors' Plan No. 2039 All land shown thereon except Plot No.1. Assessors' Plan No. 2056 Plots Nos. 6-6A-6B and 7 ONLY.
Assessors' Plan No. 2057 Plots Nos. 6-6A-6B-6C-6D-7-8-9-9A-9B- OC?10 and 11 ONLY.
Assessors' Plans Nos. 2058, 2059, 2081 and 2089 ALL LAND SHOWN THEREON.
Mr. Magaldi, Chairman of the Planning Board, submitted that portion of the report of the Planning Board pertaining to Article 29 as follows :
This article proposes a change in the zoning classification of. approximately 190 acres of land as described in the article, from Residence B to Business District. Statistics prove conclusively that the residential development of our Town in recent years, has been tremendous and it is still going on. The need for proper housing must be met and properly controlled residential development will continue. It is a known fact that increases in residential development are re -: flected in higher costs of municipal services including particularly school facilities, police and fire protection and highway maintenance. The problem cannot be treated lightly. An increase in tax revenue from business development is needed. The acceptance of this article will open the way for a business development. Construction of the proposed shopping center and the radio and television facilities would be bene- ficial to our Community. If this area is left for residential development it would be possible to erect more than 300 homes whcih in a short time would require school facilities for approximately 600 children in' addition to heavy increases in the costs of other municipal services and higher taxes for the home owner. A business development would check such increases and help maintain a reasonable balance. The foregoing facts relative to economic advantages to the Town are informative.
Aside from the economic benefits to be derived from the proposed changes the basic fundamentals as outlined in the General Laws must be complied with. A residential development in this area would tend to overcrowd the land and provide undue concentration of population. it would place a heavy burden on our water and sewerage disposal
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systems, thereby endangering the health and welfare of our people. The proposed change would provide for the most appropriate use of the land in question, it would be for the convenience and welfare of our people.
At the public hearing no person registered opposition to the change this article proposes. One citizen favored the change but ex-‹ pressed the desire that his property be excluded from the area to be changed.
This article proposes the change for approximately 190 acres, however, your Planning Board has held several conferences with the Massachusetts Department of Public Works relative to the path of the proposed new route 128 and the Southeast Expressway. It is necessary to see to it that any land which lies in the path of the proposed new highways should be excluded in order to serve the best interests of the people. Zoning change necessarily changes land values. Land damages are paid on the value of the land at the time taking is made and damages resulting from the building of the proposed new highways should not be increased by any zoning changes therefore, in coopera- tion with the Commonwealth, we are omitting from the proposed change practically all the land within the boundaries of the proposed new highways as they are now tentatively determined.
.Upon motion duly made by Mr. Magaldi, Chairman of the Plan- ninng Board, it was
UNANIMOUSLY VOTED That Paragraph 1 Section 1 of the. Zoning By-Law be amended so that the Zoning Map dated May 2, 1940, as most previously amended be changed to provide that the following described area be changed from a Residence B District to a Business. District: A tract of land in the northwesterly part of the Town of Braintree adjacent to the City of Quincy Boundary line located between the Lakeside School and Granite Street containing approxi- mately 120 acres plus or minus and shown in complete detail on the following' Assessors' Plans :-
Assessors' Plan No. 2039 Plots Numbered 15A, 16 to 46 inclusive, 58 to 72 inclusive, 85 to 93 inclusive.
Assessors' Plan No. 2056 Plots Numbered 6 and 7.
Assessors' Plan No. 2057 Plots Numbered 6, 6A, 6B, 6C, 6D, 7 and 11.
Assessors' Plan No. 2058 Plots Numbered 4 to 31 inclusive, 36, 48 to 62 inclusive, 69, 70, 83 to 133 inclusive, 135, 137, 138 and 139.
Assessors' Plan No. 2081 Plots Numbered 7 and 8.
Assessors' Plan No. 2089 Plots Numbered 12, 13, 15 and 16.
ARTICLE 30. To see if the Town will vote to amend the Zoning By-Law and the Zoning Map dated May 2, 1940, as amended, by pro- viding that a tract of land on the Northwesterly side of Granite Street, between West Street and the City of Quincy boundary line, containing approximately 211 acres and now zoned Residential A, be: changed to Industrial classification. This land includes Plot 1 as shown on Assessors' Plan No. 2053, Plot 1C as shown on Assessors' Plan No. 2043 and Plots Nos. 2, 3, 4, 4A, 5, and 9 as shown on Assessors' Plan No. 2056.
Mr. Magaldi, Chairman of the Planning Board, submitted that portion of the report of the Planning Board pertaining to Article 30 as follows:
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This article proposes a change in the zoning classification of approximately 211 acres of land now zoned Residential A to Industrial District. This area is opposite the proposed shopping center area. At the public hearing objections were recorded from land owners on the northerly side of this land who requested that their land be excluded from the proposed change.
Many objections were recorded from land owners on the southerly side of the area who requested the establishment of a buffer zone between the proposed industrial area and the present developed residential area. The wishes of all these interested ctiizens could and should be granted. The factor which governs our recommendation aside from all other reasons is the fact that the proposed new highway 128 cuts straight through the area with which we are concerned. It not only proposes to divide it but also appears to take practically all the frontage on Granite Street. As mentioned in this report, land damages for land takings are based on the land value at the time of taking, it is evident, as pointed out, that land damages in this particular area, should be the zoning change be adopted, would sky rocket to the detri- ment of the Commonwealth and naturally that means and includes the people of Braintree. We cannot as yet, based on the information we have, set forth a definite buffer zone as has been requested and which we believe should be done. Once the path of route 128 is fixed then it will be possible to create an industrial area on this land adjacent to the new highway but until the route is definitely set we would be guessing and that we do not intend to do. We feel it best to wait until we have more information upon which to base our conclusions as to what part of this area should be industrialized. The Town voted last - year to place approximately 360 acres into industrial land area and this has not yet been utilized. No great harm to our Town would result by a little delay, on the contrary delay would be beneficial. Close contact will be kept with this situation and if any quick action be necessary, we fell certain the Selectmen could be called on for neces- sary assistance.
Upon motion duly made by Mr. Magaldi, Chairman of the Plan- ning Board, it was
SO VOTED That Article 30 be indefinitely postponed.
ARTICLE 31. To see if the Town will vote to amend the Zoning By-Law and the Zoning Map dated May 2, 1940, as amended, by pro- viding that the present Business District, located at the Northwesterly corner of Grove and Liberty Streets and consisting of approximately one (1) acre, be extended to include a tract of land bounded and described as follows: On the Northwesterly side by Plot 4B, as shown on Assessors' Plan No. 1084, on the Northeasterly side by the Old Colony Railroad, on the Easterly side by Liberty Street, and on the Southerly side by Grove Street, containing approximately 3 acres, and shown as Flot 3, Assessors' Plan No. 1084.
Mr. Magaldi, Chairman of the Planning Board, submitted that portion of the report of the Planning Board pertaining to Article 31 as follows :
This article proposes that the present business district at the northwesterly corner of Grove and Liberty Streets be extended to include approximately 8 acres of adjacent land. At the public hearing only one person registered objection to this change. Several other people
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at the hearing were recorded strongly in favor of the proposed change. The reasoning of the Planning Board as set forth in article 29 also applies to this article. The fact that the corner portion of this area containing approximately one acre is now a business district, should be kept in mind. If the proposed super market is constructed on the land now zoned for business, it certainly would be undesirable because it would create congestion and lessen safety because the structure would be necessarily erected close to the corner boundary line making it a blind corner practcially as bad as it is now, if not worse. People would have to park their automobiles in the nearby streets and a traffic condition would exist. the correction of which would be diffi- cult. Extension of the present business zone would permit the proposed construction to be set back more than 200 feet from the corner. This setback would also permit construction of an off-street parking area large enough to accommodate close to 250 cars. The hill on the corner would be removed thereby elmiinating the blind corner.
The proposed change is not inconsistent with the general charac- teristics of the area because all four corners of the intersection of Grove and Liberty Streets are now zoned for business. The change would serve the convenience and welfare of the people of our Town.
Upon motion duly made by Mr. Magaldi, Chairman of the Plan- ning Board, it was
UNANIMOUSLY VOTED That Paragraph 1 Section 1 of the Zoning By-Law be amended so that the Zoning Map dated May 2, 1940, as most previously amended, be changed to provide that the following described area be changed from a Residence B District to a Business District: The land located at the northwesterly corner of Grove and - Liberty Streets bounded on the norwesterly side by Plot 4B as shown on Assessors' Plan No. 1084, on the northeasterly side by the Old Colony Railroad, on the easterly side by Liberty Street, and on the southerly side by Grove Street, containing approximately 8 acres and shown on full detail as Plot No. 3 on Assessors' Plan No. 1084.
ARTICLE 32. To see if the Town will vote to amend the Zoning By-Law and the Zoning Map dated May 2, 1940, as amended, by pro- viding that the following described area be changed from a Residential F district to an Industrial district, a tract of land containing approximately twelve (12) acres located in the northeasterly section of Braintree on Howard Street, adjacent to the Town of Braintree- City of Quincy boundary line, consisting of Plots No. 12, 13, 14 and 15 as shown on Assessors' Plan No. 3049.
Mr.Magaldi, Chairman of the Planning Board, submitted that portion of the report of the Planning Board pertaining to Article 32 as follows :
This article proposes a change in the zoning of approximately 12 acres of land in the northeasterly section of Braintree on Howard Street near the Quincy Line from Residential B to Industrial District.
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