USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1957 > Part 5
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Said parcel contains approximately 8.92 acres.
The sale of the above lots is to be for a price not less than Forty- two thousand five hundred dollars ($42,500), less any expenses neces- sarily incident to perfecting the title and consummating the sale.
The net proceeds of said sale to be held by said School Fund Com- mittee to be used in carrying out the charitable intent of the testator, Nathaniel Thayer, in accordance with the Decree of the Supreme Judicial Court-June 6, 1956, Equity No. 68594.
Mr. Charnock presented the following report under Article 2.
The Trustees of the Braintree School Fund take this opportunity to present to the citizens of Braintree, and especially ,to its Town Meet- ing Representatives, an explanation of Article 25 as appears in the 1957 Annual Town Warrant.
HISTORY :
In February of 1826 the legislature and governor of Massachusetts approved the incorporation of the Braintree School Fund Committee. The entire committee of seven citizens was to be elected for a term of three years at a regular town meeting. Its express purpose was to administer any funds, real estate, or any other such properties as might be bequeathed to the town for "purposes for the support and promotion of learning" within the town of Braintree.
On September 1, 1828 the will of one Nathaniel Thayer of Braintree was probated following the death of his wife, Hannah. Under the terms. of the will some 18 acres of land lying on the westerly side of Granite Street, and some 22 acres of land on the easterly side of Town Street and Granite Street were bequeathed to the town of Braintree; the income from such real estate was to be, 'forever appropriated for the support of public schools and the promotion of learning in them". The will also stipulated that no part of the land should ever be sold, nor rented for a period of more than 21 years.
Down through some 129 years, the Braintree School Fund Com- mittee has administered this bequest under the conditions as were set
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forth in the will. The land has been used at one time or another for a school building, town infirmary, and private farm. From time to time, buildings have been erected on the property-every project being ap- proved at a regular town meeting.
At the time of this writing the property is untenanted, the buildings are far beyond repair, and the neighborhood is confronted with a definite fire hazard. Because of the factors the fund is receiving no revenue.
RECENT DEVELOPMENTS :
At the April 4 meeting of the town in 1954, the citizens of the town voted on the recommendation of the School Site Committee, to take by right of eminent domain, the 18 acres of the Thayer property lying on the westerly side of Granite Street. Your committee made no serious objection to this taking as it felt that the "will" of the donor was being fulfilled.
In the early months of 1956, the trustees of the School Fund, realiz- ing the deterioration of the property, and cognizant of the fact that the property was producing no income, petitioned the Superior Judicial Court of Massachusetts for permission to sell that portion of the re- maining property. This court granted our request, stipulating that all monies obtained should be expressly used for the purposes of education and under the administration of the trustees.
After careful consideration by the committee, it was decided to advertize publicly the proposed sale of the 22 acres of land lying on the easterly side of Town Street and Granite Street. Your trustees took into consideration the fact that the land, if used for building pur- poses, should not fall into the hands of such contractors who might construct homes of inferior quality to the detriment of the neighborhood and great expense to the town. Bids were opened in June of 1956. The committee accepted the offer of the highest bidder, a reputable private home builder who plans to construct some 56 houses of good quality over a period of five years. This, we are informed, is the maximum number of houses which can be built on this land under present zoning regulations, due to the shape of the area.
Your elected School Fund Committee has a dual responsibility- one to the townspeople to whom the land was bequeathed, and the other to Nathaniel Thayer, the donor. Under the terms of an article approved by the town in 1922, the trustees were empowered to utilize the income from the estate for scholarship awards to deserving pupils in the pub- lic schools of Braintree. This practice has been followed up to the present, but lack of income prevents its continuance.
Your committee feels that since the town has already taken the 18 acres of land on the westerly side of Granite Street for future school building purposes it now behooves the townspeople to set aside any amounts of money that may be received from the sale of this property to provide scholarship awards as was authorized at the 1922 annual town meeting. It is needless to point out to you as citizens the great need of professionally trained people in this scientific age. If, through our granting of scholarship awards, our nation can be made just a little stronger, then both Nathaniel Thayer and we townspeople may well be proud of our foresight.
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We, your committee, therefore earnestly request your support of Article 25 which bears the approval of the Finance Committee.
BRAINTREE SCHOOL FUND COMMITTEE
H. Irving Charnock, Chairman Robert P. Gray, Treasurer Charles G. Jordan Louis J. Trojano Carroll D. Welch Harry E. Williams Otis B. Oakman, Jr., Clerk
Comes now the question on the motion.
The Moderator ordered a teller vote. Vote and count were taken and the tellers reported 48 votes in the affirmative, and 121 votes in the negative. There not being the necessary two-thirds vote in the affirma- tive the Moderator declared the motion by Mr. Foser LOST.
SO VOTED: That the Moderator appoint a committee of five, one member to be of the School Fund Committee, one member of the Planning Board, one member of the Finance Committee, and two mem- bers from the Town at large, to investigate the civic use to which this land could be put; said committee to report at the next Annual Town Meeting, inserting any Articles in the Warrant which they deem necessary.
ARTICLE 34. Consultants to Study Additional Secondary School Facilities.
That the sum of $3,000.00 be raised and appropriated to hire con- sultants to study and 'report on needs for additional secondary school facilities.
SO VOTED.
ARTICLE 35. Play Area and Driveway at Colbert School.
SO VOTED: That the sum of $3,000.00 be raised and appro- priated to construct a new play area and driveway to Pond Street at the Colbert School.
ARTICLE 36. Pumps and Appurtenances for Well near Lakeside School.
UNANIMOUSLY VOTED: That there be raised and appropri- ated the sum of $13,500.00, to be expended under the direction of the Water Commissioners, for the purpose of providing pumps and appur- tenances for a Well, near the Lakeside School, and that to meet said appropriation the Treasurer, with the approval of the Selecmen be and is hereby authorized to borrow the sum of $13,500.00 and to issue bonds or notes of the Town therefore, said bonds or notes to be issued pursuant to Chapter 44 of the General Laws and to be payable in accordance with the provision of Section 19 thereof so that the whole loan shall be paid in not more than five years from the date of issuance of the first bond or note or at such earlier date as the Treasurer, with the approval of the Selectmen, may determine, and that the Water Commissioners shall fix sufficient rates to meet expenses of maintaining and operating the water supply system, including the interest and debt charges as they mature and the indebtedness herein authorized.
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ARTICLE 37. Pumping Station over Well near Lakeside School.
UNANIMOUSLY VOTED: That there be raised and appropri- ated the sum of $11,500.00 for the purpose of constructing a Pumping Station over the Well near the Lakeside School under the direction of the Water Commissioners and that on recommendation of the Finance Committee to meet said appropriation the unexpended balance of $9,- 292.33 from the 1953 appropriation for the construction of a new standpipe under Article 24 of the Warrant for the Annual Town Meeting of. 1953 be transferred to said account and the sum of $2,207.67 be transferred from the Water Department Reserve.
ARTICLE 38. Purchase of Land at Addison Street and Davis Road.
UNANIMOUSLY VOTED: That the sum of $1.00 be raised and appropriated for the purchase of a plot of land located at the junction of Addison Street and Davis Road, in the Granite Park Section, shown as Plot No. 28 on Assessors' Plan No. 2042 and containing 52,250 square feet, for playground purposes.
ARTICLE 39. Land for Parks and Playgrounds, Elmlawn Road and Perry Road.
SO VOTED: No action.
ARTICLE 40. Land for Parks and Playgrounds, East Boscobel Street.
Upon motion duly made, it was
SO VOTED: That Article 40 and the motions be laid on the table.
ARTICLE 41. Acceptance of Streets as Town Ways.
SO VOTED: That the Town accept as and for Town Ways, the streets listed below, layouts of which were approved by the Planning Board in accordance with the provisions of Chapter 41 of the General Laws of the Commonwealth :
Name of Street
Distance (Ft.)
From and To
Plan No.
Partridge Hill Rd.
1164
Granite-End 69
Addison Street
1368
West-Davis 96
Eleanor Drive
1968
Fallon Circle-End 95
Burton Road
693
West-Eleanor Drive 93
Hickory Road
480
End
53
Hemlock Street
698
Grove-End 53
Holly Road 387
Hickory-End
53
Armstrong Circle
1476
Pond-Pond
57
Oak Hill Road
826
Hollingsworth-End 63
Milton Road
1140
Cain-End
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ARTICLE 42. Zoning By-Laws, Section IIIA, Trades and Pro- fessions.
SO VOTED: That Article 42 be laid on the table.
ARTICLE 43. Zoning By-Laws, Section VIII, Area Regulations.
That the Zoning By-Law be amended by striking out the first sen- tence in Paragraph 5 entitled Lot Size under Section VIII entitled Area Regulations and a new sentence reading as follows be inserted :
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Par. 5 LOT SIZE. No building, except one-story buildings of accessory use, shall be erected in a Residence A District on a lot con- taining less than twenty-five thousand square feet or less than one hun- dred twenty-five feet wide; and no building except one-story buildings. of accessory use, in a Residence B, C or Business District shall be erected on a lot containing less than fifteen thousand square feet or less than one hundred feet wide, the lot width in each case to be measured through that part of the building to be erected where the lot is narrow- est; provided that in no case the width of the lot at the street line be less than fifty feet; provided that one building may be erected on any lot, which at the time this by-law was originally adopted either was separately owned or was shown on a plan of lots recorded prior to the adoption of this amendment and contained not less than twelve thousand five hundred square feet if located in a residence B zone or twenty thousand square feet if located in a residence A zone, except that this proviso shall not apply to lots sold by the Town in accordance with the provisions of Section 4 Article 3 of the Town of Braintree By-Laws nor shall it apply to lots shown on a plan recorded as specified in Para- graph 5A of the Zoning By-Law.
SO VOTED.
SO VOTED: That Article 40 be taken from the table.
ARTICLE 40. Land for Parks and Playgrounds, East Boscobel Street.
That the Town dedicate as a public park a parcel of land acquired; by the Town through Tax Title Foreclosure Procedure and shown as Plot No. 10 on Assessor's Plan No. 1026 and located south of East Bos- cobel Street.
SO VOTED.
SO VOTED: That Article 26 be taken from the table.
ARTICLE 26. Drainage for Weymouth-Braintree Smelt Brook Area.
Mr .Strathdee presented the following report under Article 2.
Under Article II of the 1956 Town Meeting, it was voted that a committee of three (3) be appointed to determine and advise the Town as to the methods and cost of making a complete survey and study of the problem of flood control on all watersheds. This is a progress re- port of that committee.
On May 22, 1956, a meeting was held in the Braintree Town Hall for the purpose of discussing the best approach to this problem. The following took part in the discussions:
-
County
Clyde Twitchell William Sweet
Soil Conservation District Supervisor Chairman of Supervisors
Federal
Robert Bieber
Christopher Moustakis
Milton J. Hubler
Wallace H. Cruickshank Robert M. Mayer
Economist Work Plan Party
Soil Conservationist (Norfolk County) State Conservation Engineer
Soil Conservationist
Chief-Work Plan Party
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Weymouth Drainage Committee
Andrew Chisholm 402 Essex Street, Weymouth
Braintree Drainage Committee
Wallace B. Strathdee 661 Liberty Street, South Braintree
John Chelluck 5 Vine Street, Braintree
Joseph D. Guertin
9 Lemoyne Street, Braintree
John Q. Wentworth
Supt. of Highways, Town of Braintree
Richard A. Hunt Town Counsel, Town of Braintree
At this meeting we learned of the possibility of obtaining Federal Assistance under Public Law 566 known as the Watershed Protection and Flood Prevention Act.
On June 29, 1956, a joint meeting was held with the Weymouth Drainage Committee and representatives of the Federal and District Soil Conservation Service.
Following these initial meetings, there have been several recon- naissance surveys made by members of the committee and additional meetings to discuss information obtained and to study earlier reports on the same problem.
We have recently completed and submitted to the proper authorities. for action an application for assistance in carrying out works of im- provement on the Monatiuot River Watershed and expect to file a similar request on the Smelt Brook Watershed before the first of April.
These requests must go to the Norfolk Soil Conservation Service, which is a Federal Agency, then must be signed by the Governor or his duly appointed representative, and then forwarded to Washington for action. Nothing further can be done until a reply is received from Washington.
Your committee suggests continuance until such time as the initial phases have been completed. It is also suggested that $100.00 be ap- propriated to cover such expenses as have already been incurred in preparation of the material for the applications and with the thought in mind that additional expense may be anticipated.
The committee wishes to express its thanks to the various industrial and commercial establishments, organizations, and individuals who have been very cooperative in helping us gather supporting information in preparation of the requests for assistance.
Respectfully submitted,
John A. Chelluk Joseph D. Guertin, Secretary Wallace B. Strathdee, Chairman
SO VOTED: That the report of the committee be accepted as a report of progress and that the committee be continued.
SO VOTED: No action under Article 26.
ARTICLE 44. Zoning By-Laws, Change from Residence B to In- dustrial Zone, Land between Adams and Elm Streets.
SO VOTED: That action on Article 44 be indefinitely postponed.
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ARTICLE 45. Zoning By-Laws, Change from Residence B to Business Zone, Land between Washington and Hancock Streets.
The Moderator ordered a teller count. The Moderator appointed Mr. William H. Low to replace Mr. E. Theodore Nokes as a teller. Vote and count were taken and the tellers reported 38 votes in the affirma- tive, and 113 votes in the negative. There not being the necessary two- thirds vote in the affirmative the Moderator declared the motion LOST.
UNANIMOUSLY VOTED: That the Annual Town Meeting bei adjourned until 7:45 p.m., Monday, April 1, 1957.
ADJOURNED ANNUAL TOWN MEETING
Monday, April 1, 1957
The Adjourned Annual Town Meeting was called to order at 7:50 in the evening of Monday, April 1, 1957, by the Moderator, Mr. E. Curtiss Mower.
There were 177 Town Meeting Members present.
Prayer for Divine Guidance was offered by Rev. Francis C. Ander- son, Pastor of All Souls Universalist-Unitarian Church.
The following tellers were appointed by the Moderator to serve during the course of the evening.
Bruce W. Lyon
H. Irving Charnock
Ernest S. Reynolds
Paul P. Foley
J. Paul Benson William H. Low
Frank H. Diekmeyer
Ramon A. Nagle
We now continue with consideration of the Articles in the Warrant; the first order of business being Article 46.
ARTICLE 46. Zoning By-Laws, Change from Residence B to Industrial Zone, Land adjoining Eaton's Pond.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 104 votes in the affirmative, and 55 votes in the negative. There not being the necessary two-thirds vote in the affirma- tive the Moderator declared the motion LOST.
ARTICLE 47. Zoning By-Laws, Change from Residential A to Industrial Zone, Land off Granite Street.
That the Town vote to amend the Zoning By-Law and the Zoning; Map dated May 2, 1940, as most recently amended, by providing that the following described area be changed from Residence A Zone to Industrial Zone:
A parcel of land containing approximately 132 acres of land shown as Plot 1 on Assessors' Plan No. 2053 through which is the layout of State Highway Route 128. Said land is bounded on the northwesterly side by the Quincy boundary line; on the southwesterly side by the Blue Hills Reservation; on the southeasterly side by an irregular line run- ning in several courses from the junction of the boundary line of the Blue Hills Reservation and the southwesterly corner of Plot No. 6 as shown on Assessors' Plan 2053 the following distances 313 ft., 1260 feet, 290 feet, 170 feet, 281 feet, 1266 feet, 582 feet, 768 feet (all plus or minus) to the northeasterly corner of Plot No. 4 as shown on Assess-
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ors' Plan No. 2053; thence running in a line from said corner in a northeasterly direction approximately 540 feet to a point on the south- westerly side of the boundary line of land of Avitable approximately 400 feet west of the westerly boundary line of Partridge Hill Road and continuing along said irregular course 550 feet, 443 feet, 1207 feet, 302 feet, 309 feet, 219 feet (all plus or minus) to the City of Quincy boundary line.
This parcel of land is shown in complete detail on Assessors' Plan No. 2053 as Plot No. 1 less that portion adjacent to Partridge Hill Road which is excluded in the above description.
UNANIMOUSLY VOTED.
ARTICLE 48. Zoning By-Laws, Change from Residence A to In- dustrial, Land off Liberty Street.
That the Town vote to amend the Zoning By-Law and the Zoning" Map dated May 2, 1940, as most recently amended, by providing that the following described area be changed from Residence A Zone to In- dustrial Zone :
A parcel of land containing approximately 200 acres located on the easterly side of Liberty Street, south of Plain Street bounded and described as follows:
Beginning at the junction of the Braintree-Weymouth boundary line and northerly side of Grove Street; thence running westerly along the Plymouth branch of the New Haven Railroad to the junction of said Railroad right of way and Plots Nos. 7 and 8 as shown on Assessors' Plan No. 1121; thence turning and running northerly along the westerly boundary lines of Plot No. 7 as shown on Assessors' Plan No. 1121, Plots Nos. 2 and 3 as shown on Assessors' Plan No. 1122, Plot Nos. 1, 2 and 3 as shown on Assessors' Plan 1124; thence turning and running easterly along northerly boundary lines of Plots Nos. 1, 2 and 4 as shown on Assessors' Plan No. 1124, Plots Nos. 1 and 4 as shown on Assessors' Plan No. 1123 to the Braintree-Weymouth boundary line; thence along said boundary line running southerly to point of beginning.
This parcel of lad is shown in complete detail on the following Assessons' Plan :
Plan No. 1118 Plots Nos. 1, 2, 3, 3A and 4 Plan No. 1121 Plot No. 7 Plan No. 1123 Plots Nos. 1, 2, 3 and 4 Plan No. 1124 Plots Nos. 1, 2, 3 and 4.
SO VOTED.
ARTICLE 49. Zoning By-Laws, Change from Residence A to Industrial Land off Pond Street.
That the Town vote to amend the Zoning By-Law and the Zoning Map dated May 2, 1940, as most recently amended, by providing that the following described area be changed from Residence A Zone to Industrial Zone:
A parcel of land containing approximately 60 acres located on the westerly side of Pond Street at the Braintree-Randolph line beginning at Pond Street at said Braintree-Randolph boundary line and running westerly along said boundary line to the northwesterly corner of Plot
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No. 7 as shown on Assessors' Plan No. 1059; thence turning and running northerly along the westerly boundary lines of Plots Nos. 3C and Y as shown on Assessors' Plan No. 1059 and Plot No. 10 as shown on Assess- ors' Plan No. 1038; thence turning and running easterly along northerly boundary line of Plot No. 10 shown on Assessors' Plan No. 1038 to Pond Street; thence turning and running southerly along the westerly side of Pond Street 184 feet; thence turning and running westerly along the southerly boundary line of Plot No. 10 shown on Assessors' Plan No. 1038 for a distance of 320 feet; thence turning and running in a line in a southerly direction 380 feet; thence turning and running easterly 290 feet to Pond Street and the northerly boundary line of Plot 2A shown on Assessors' Plan No. 1059; thence turning and running south- erly along the westerly side of Pond Street to the point of beginning.
This land is shown in detail on the following Assessors' Plans :
Plan No. 1038 Plots Nos. 10 and 11A.
Plan No. 1059 Plots Nos. 1, 2, 2A, 3, 3A, 3B, 3C, 4, 5 and 7.
UNANIMOUSLY VOTED.
Upon motion duly made under Article 2 the following resolution was
SO VOTED: Whereas the Zoning By-Law under Sec. X entitled Parking Areas requires that every new building constructed for busi- ness or industry shall provide adequate off street parking space, and;
Whereas the Building Inspector as the enforcement officer of the Zoning By-Law does not have specific regulations as to the parking space requirements for various types of businesses and industry, be it:
Resolved that it is the sense of this meeting that the Building Inspector should require not less than three (3) square feet of parking area for each one (1) square foot of floor space in any new business or industrial construction and be it further resolved that the Planning; Board prepare and submit an article for insertion in the next regular, special, or annual Town Meeting amending the Zoning By-Law by speci- fically setting forth the area that shall be required to be reserved for parking space for the various types of new business and industrial establishments.
ARTICLE 50. South Shore Mosquito Control Project.
(No action necessary. Refer to Article 8, Item 60.)
ARTICLE 51. Dutch Elm Disease.
(No action necessary. Refer to Article 8, Item 27.)
ARTICLE 52. Insect Pest Control.
(No action necessary. Refer to Article 8, Item 27.)
ARTICLE 53. Sale of Land to David O. Jr. and Florence D. Hallstrom.
UNANIMOUSLY VOTED: That the Selectmen be authorized to sell to David O. Jr. and Florence D. Hallstrom, a parcel of land con- taining 190 square feet and shown as Lot B on a "Plan showing pro- posed land to be sold to David O. Jr. and Florence D. Hallstrom, January 23, 1957, Harold C. Pearl, Town Engineer" for a price not less than $100.18.
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ARTICLE 54. Relocate Corner of Newport Avenue and Franklin Street.
SO VOTED: No action.
ARTICLE 55. Relocate Corner of Lincoln and Liberty Streets.
MOVED.
That Article 55 be laid on the table and that the Moderator appoint. a committee of five to study the subject matter of the Article and report at the next Town Meeting be it regular or special.
MOVED to amend the motion as follows:
By inserting the word, "and shall insert in the Warrant for said, subsequent meeting such Articles as they deem necessary."
SO VOTED.
ARTICLE 56. Acceptance of Jersey Avenue as a Town Way.
SO VOTED: No action.
ARTICLE 57. Acceptance of Whittier Road as a Town Way.
UNANIMOUSLY VOTED: That the Town accept as and for a Town Way, Whittier Road between Middle Street and B. V. French Street as laid out by the Selectmen and that there be raised and appro- priated the sum of $5,965.00 for improvement of the same, and that betterments to the extent of 65 2/3% of the cost be assessed on abutting estates.
ARTICLE 58. Acceptance as Town Way from present point to 295 River Street.
SO VOTED: No action.
ARTICLE 59. Acceptance of Gordon Road as a Public Way.
SO VOTED: No action.
ARTICLE 60. Sidewalk on Arbutus Avenue.
UNANIMOUSLY VOTED: That there be raised and appropri- ated the sum of $1,574.00 to construct a sidewalk on the southerly side of Arbutus Avenue from Washington Street to Wildwood Avenue, and that betterments to the extent of 50% of the actual cost be assessed on abutting estates.
ARTICLE 61. Sidewalks on Howie Road.
UNANIMOUSLY VOTED: That there be raised and appropri- ated the sum of $4,258.50 to construct sidewalks on Howie Road, and that betterments to the extent of 50% of the actual cost be assessed on abutting estates.
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