USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1958 > Part 6
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supplied to Municipal Buildings or for Municipal power, and from sales of appliances and jobbing during the current fiscal year, be appropriated for the use of the Municipal Light Plant for repairs, renewals, new con- struction and operating expenses of the Plant for the fiscal year, as defined in Section 57, Chapter 164 General Laws and that if said income shall exceed the expense for the fiscal year, such amount of excess as is deemed necessary by the Municipal Light Board shall be trans- ferred to the construction fund of said plant and ap- propriated and shall be used for such additions to the plant as may thereafter be authorized by the Municipal Light Board, and any remaining amount paid into the surplus of the Town Treasury.
ARTICLE 13. Taking for land for Municipal Light Plant.
Upon motion duly made by Mr. Johnson, it was
UNANIMOUSLY VOTED (10:01 P.M.): That the Loard of Electric Light Commissioners be authorized to purchase or take by eminent domain on behalf of the Town a certain parcel of land shown on a plan "Braintree Electric Light Department Proposed Dredging, Ease- ments and Additional Land Taking, Braintree, Mass." February 21, 1958, Harry R. Feldman, Inc .; said parcel being adjacent to property acquired pursuant to a vote under Article 11 of the 1957 Annual Meeting and being bounded on the northwest by a line extending in a straight line the northwesterly boundary of said parcel to the harbor line as now escabusned; nortnerly by the harbor line and southerly by the northerly boundary of said parcel acquired in 1957, subject, however, to an easement reserved to the Cities Service Oil Company reserving the right to dredge within the area shown as DE 2 northerly of a line parallel to and 15 feet northerly from the line shown on said plan as proposed bulkhead extension, together with the right or easement to be acquired in the name of the Town of Braintree to dredge within the area shown as DE 1 on said plan, and to erect and maintain a bulkhead and fill on an adjacent tri- angular parcel marked B3, and to raise and appropriate the sum of $1.00 therefor, which sum, together with any further sums which may be required as a consequence thereof upon final judgment or otherwise is to be raised by transfer from the Electric Light Department Depre- ciation Account.
$ 1.00
ARTICLE 14. Assessors for Determination of 1958 Tax Rate.
Upon motion duly made by Mr. Garland, it was
SO VOTED (10:02 P.M.) : That there be appropri- ated the sum of $35,000.00 to be used by the Assessors in the determination of the 1958 tax rate and that to meet said appropriation there be transferred from the Electric Light Special Reserve Account the sum of $35,000.00
35,000.00
ARTICLE 15. Expenses of Memorial Day.
(No action necessary. Refer to Article 10, Item 50.)
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ARTICLE 16. Braintree Post, VFW, Rent.
(No action necessary. Refer to Article 10, Item 53.)
ARTICLE 17. Braintree Chapter, DAV, Rent.
(No action necessary. Refer o Article 10, Item 61.) ARTICLE 18. Hydrant Maintenance.
(No action necessary. Refer to Article 10, Item 56.) ARTICLE 19. Sunset Lake Chlorination.
(No action necessary. Refer to Article 10, Item 57.)
ARTICLE 20. Amending Zoning By-Law and Zoning Map.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (10:06 P.M.) : That the Zoning By-Law and the Zoning Map dated May 2, 1940, as most previously amended, be changed to provide that the present industrial area located on the southwesterly corner of the junction of Commercial and Hayward Streets be extended to include the rear portion of Plot No. 31 as shown on Assessor's Plan No. 3057 which land is now zoned residence B and contains approximately 55,800 square feet, said parcel being further described as bounded on the northerly and easterly side by the present line of existing Industrial Zone; on the westerly side by land now or formerly of Baker, Taber and Davis; and on the southerly side by land now or formerly of Wiklund and Maxwell as shown on said Assessor's Plan No. 3057.
ARTICLE 21. Amending Zoning By-Law and Zoning Map.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (10:09 P.M.) : That the Zoning By-Law and the Zoning Map dated May 2, 1940, as most previously amended, be changed to provide that land now zoned Residence C within the block bounded on the westerly side by Washington Street, on the north- erly side by Elm Street, on the easterly side by line of the new expressway, and on the southerly side by River Street, be zoned Business zone. The portion to be rezoned is more fully described as follows: a parcel of land be- ginning at the northeast corner of River Street and relocated Railroad Street and running westerly along northerly side of River Street a distance of approxi- mately 420 feet; thence turning and running northerly approximately 85 feet along the easterly side of Plot 27A and continuing another 200 feet in the same direc- tion along the westerly side of the cemetery; thence turning and running easterly approximately 330 feet along the boundary line of the present business zone to relocated Railroad Street; thence turning and running southerly along relocated Railroad Street approximately 340 feet to point of beginning as shown on Assessor's Plan No. 2024.
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ARTICLE 22. Amending Zoning By-Law, Section VIII.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (10:15 P.M.) : That the Town vote to amend the Zoning By-Law by striking out paragraphs 5 and 5A in Sec. VIII entitled Area Regu- lations and insert in place thereof the following new paragraph 5 reading as follows :
Par. 5 Lot Size
One building to be used as a dwelling may be erected in a Residence A District on a lot containing not less than twenty-five thousand square feet or less than one hundred twenty-five feet wide; and one building to be used as a dwelling may be erected in a Residence B, C or Business District on a lot containing not 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 narrowest; provided that in no case the width of the lot at the street line be less than fifty feet; and pro- vided further that one building to be used as a dwelling may be erected on any lot within any of the following classifications :
a. Any lot, which at the time this by-law was originally adopted in 1940, was separately owned and shown on a plan or by deed recorded with Norfolk Registry of Deeds,
b. Any lot, having an area of seventy-five hundred square feet and is not less than seventy feet wide in zones B, C and business, or fifteen thousand square feet and not less than one hundred feet wide in A zone, if shown on a plan or by deed recorded in Norfolk Registry of Deeds at any time prior to June 11, 1954.
c. Any lot, having an area of twelve thousand five hundred square feet and not less than one hundred feet wide in B, C and business zones or twenty thousand square feet and not less than one hundred twenty-five feet wide in A zone, if shown on a plan or by deed recorded with Norfolk Registry of Deeds prior to June 1, 1957.
d. Any lot zoned for residential purpose acquired and recorded prior to January 1, 1958, is separately owned, is not in contiguity with another vacant lot in the same ownership on the same way, contains at least five thousand square feet, is not less than fifty feet wide, is not inconsistent with the size of adjoining lots and is shown on a plan or by deed recorded in Norfolk Registry of Deeds.
The exception herein set forth in paragraphs a to c shall not apply to "Tax Title" lots sold by the Town in accordance with provisions of Section 4 Article 4 of the TOWN of Braintree By-Laws.
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In a Residence A or B District not more than thirty- five percent of the area of any lot shall be occupied by a buliding or buildings, and in a Residence C or Business District not more than fifty percent of any lot shall be occupied by a building or buildings used as a dwelling, provided that on any corner lot an additional four hun- dred square feet may be occupied.
ARTICLE 23. Amending Zoning By-Law, Paragraph 1, Section X.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (10:16 P. M.) : That the Town vote to amend the zoning by-law by inserting after the first sentence in paragraph 1 Sec. X Parking Areas, specific parking area requirements so that the amended paragraph shall read as follows:
Scc. X. Parking Areas
1. Every new building hereafter constructed for busi- ness or industrial use shall provide off-street parking spaces to accommodate motor vehicles or other convey- ances of customers, patrons, and employees and to serve incoming and outgoing delivery requirements of the estab- lishment as follows :
(a) One parking space for each two hundred (200) square feet of gross floor area of a newspaper or job printing business or for each three (3) employees for each location of a newspaper or job printing business, whichever is the greater.
(b) One parking space for each three hundred (300) square feet of gross floor area of an office building or bank.
(c) One parking space for each four (4) seats or simi- lar accommodations in places of amusement of assembly.
(d) One Parking space for each two hundred (200) square feet of gross floor area in any restaurant or similar eating or drinking establishment or five (5) seats in restaurants or similar eating or drinking establish- ments, whichever is the greater.
(e) One parking space for each guest room or suite of guest rooms in a hotel or motel in addition to require- ments in (c) and (d) above (if applicable).
(f) One parking space for each two hundred (200) square feet of gross floor area for each location of a retail business, service or public utility.
(g) One parking space for each three (3) employees for each location of industrial or manufacturing use.
2. Such parking spaces shall be located on, adjacent to, or within two hundred (200) feet of the lot to which they pertain.
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3. For the purpose of this by-law each parking space shall contain not less than three hundred fifty square feet.
Gross floor area shall include gross areas of base- ments, first floors, mezzanine and upper stories.
ARTICLE 24. Amending Zoning By-Law, New Section, Earth Removal.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (10:23 P. M.) : That the Town vote to amend the zoning by-law by adding to it a new section entitled Earth Removal and Sections II and IX of the zoning by-law be amended as follows :-
Sec. II Residence A and B District Uses line 9. Delete
(e) and reletter (f) to (k) inclusive to (e) to (j) inclusive.
Sec. IX Adminstration Line 4. Penalty. Revise this para- graph to read,- -
4. Penalty. Any person, firm, or corporation violating any section of the provisions of Sections I through X inclusive excepting Section XI, shall be fined not more than twenty dollars for each offense. Each day that wilful violation continues shall constitute a sepa- rate offense.
Sec. XI EARTH REMOVAL (New Section)
1. GENERAL
(a) This section is adopted under the authority contained in paragraph 17, Section 21, Chapter 40 of the General Laws.
(b) For purposes of this by-law, "earth" shall in- clude soil, loam, sand, gravel, clay, rock, or other natural minerals and peat.
2. EARTH REMOVAL PERMIT PROCEDURE
(a) No earth shall be removed from any parcel of land in any district in the town without a written permit from the Inspector of Buildings or from the Board of Appeals as hereinafter provided.
(b) The Inspector of Buildings, without reference to the Board of Appeals, may issue permits for the re- moval from the site of earth for the following purposes:
1. Where necessary as a part of farm, garden or nursery activities.
2. When incidental to landscaping or similar activites for which a building permit is not required.
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3. When such earth is not necessary in connec- tion with the construction of a buliding being built in accord with a permit issued by the Inspector of Buildings, the amount to be re- moved to be limited to the volume of the foundation and basement of the building.
4. When such earth is not needed in connection with the construction of a private road or drive.
(c) Earth removal other than that permitted under
(b) above shall not be permitted unless authorized by the Board of Appeals after public hearing. Formal applica- tion shall be filed with the Board of Appeals, which appli- cation shall include the following specific information and supporting documentation :
1. The location of the proposed excavation.
2. The legal name and address of the owner of the property involved.
3. The legal name and address of the petitioner, which address shall be used by the Board for all correspondence hereunder.
4. Name and addresses of all abutting property owners, including those across any streets.
5. A plan of the land involved, prepared by a registered land surveyor or registered pro- fessional engineer, showing topography by five-foot contours of the area to be excavated and up to at least beyond the perimeter of and up to at least 100 feet beyond the peri- meter of the area involved and along all property lines, on Town of Braintree Datum. At least three permanent bench marks with elevations marked thereon must be set so that if one is disturbed, those not disturbed can be rcognized.
6. A plan of the land showing five-foot contours of the site as of the proposed completion of the excavation project.
7. Plan must show excavations, fills or side casts to be made any closer than five (5) feet from abuttors property lines.
8. Plan must show side slopes in pit no steeper than a three (3) (horizontal) to one (1) (vertical) ratio.
9. Plan must show final elevation of floor of the pit does not exceed a 3% grade from nearest public way or ways.
10. A proposed form of bond to be used.
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(d) Any permit issued hereunder shall automatic- ally expire upon the completion of the earth removal pro- ject for which it was issued or at such other time as may be specified in said permit. A permit may be granted by the Board of Appeals with provision that it may be re- newed for one year, without a hearing if the Inspector of Buildings finds that all conditions then applicable have been complied with and that the work has been carried on continuously and in good faith.
3. LIMITATIONS
(a) No permit for removal of earth shall be ap- proved by the Board of Appeals or Inspector of Buildings except upon condition that a cover of topsoil of not less than (4) inches in depth shall be replaced or allowed to remain, except where, due to construction of roads, buildings, or other permanent physical features, such provision is impractical.
(b) No permit shall be issued for the removal of earth in any location if such removal will:
(1) Endanger the public health or safety or constitute a nuisance ;
(2) produce noise, dust or other effects observ- able at the lot lines in amounts seriously objectionable or detrimental to the normal use of adjacent property ;
(3) result in the transportation of materials in such a manner as to cause traffic conges- tion or hazards, particularly on residental streets ;
(4) result in the transportation over ways which will be unduly injured thereby;
(5) result in a change in topography and cover which will be disadvantageous to the most appropriate use of the land.
(c) No permit for the removal of earth shall be approved by the Board if the work extends within (300) feet of a way open to public use, whether public or pri- vate, or within (250) feet of a building or structure un- less the Board is satisfied that such removal will not undermine the way or structure.
(d) In Approving the issuance of a permit, the Board of Appeals shall impose reasonable conditions which shall be written upon and shall constitute part of the permit, including but not limited to:
1. The finished leveling and grading.
2. The placing of top soil and planting neces- sary to restore area to usable condition.
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3. The duration of the removal operation.
4. The construction of necessary fencing and other protections against nuisances.
5. Method of removal.
6. Temporary structures.
7. Hours of operation.
8. Routes of transportation of material.
9. Control of temporary and permanent drain- age.
10. Disposition of boulders and tree stumps.
11. Requirements that roadways used for trans- portation of materials must be swept clean and cleared of material spilled from trucks, at least once each forty-eight (48) hours and oftener, if occasion requires. age structures and curbing caused by said trucks or spillage be repaired by the prime contractor.
12. Requirements that damage to pavements, drainage structures and curbing caused by said trucks or spillage be repaired by the prime contractor.
13. Requirement that any repairs or cleaning of roadways as outlined in items 11 and 12, if performed by the Town shall be paid for by prime contractor.
(e) The Board of Appeals shall require a bond or other security to be filed with the Town Clerk to enforce performance of conditions imposed by this by-law or under this section.
4. CONTINUATION OF PRE-EXISTING OR NON- CONFORMING OPERATION
Earth removal activities in lawful operation on any parcel of land at the time this section is adopted may continue unless and until abandoned for more than twelve (12) consecutive months. However, unless specifically authorized by a new permit issued hereunder :
(1) the depth of excavation shall not be in- creased below the grade of the lowest point excavated on the effective date of this section ;
(2) the total area of excavation within the parcel shall not be increased by more than (50) percent over its area on said effective date; and
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(3) the average amount of materials extracted or removed per day shall not be increased by more than fifty (50) percent over such daily average for the twelve (12) consec- tive months preceding said effective date (or for the actual period of operations if less than twelve months.)
5. ADMINISTRATION AND PENALTY
(a) The Inspector of buildings shall review the progress of the work from time to time to ensure proper conduct.
(b) The Inspector of Buildings, if he concludes that there has been a voilation of this section, shall send to the offender, by registered or certified mail, to the address stated on the initial application, and if applicable, a notice ordering a cessation of the improper activities.
If the offender holds a permit issued under this section, such permit may be revoked according to law.
(c) If a permit-holder or other offender persists in such voilation, the Inspector of Buildings shall seek the imposition of the penalties authorized by paragraph 17 of Section 21 of Chapter 40, G. L., through appropriate legal action; and the penalty for removing earth in viola- tion of this section shall be a fine of fifty (50) dollars for the first offense after such warning; for the second offense one hundred (100) dollars; and for each subse- quent offense, two hundred (200) dollars. Each day that wilful violation continues shall constitute a separate offense.
ARTICLE 25. Amending Zoning By-Laws, Residence B to General Business.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (10:27 P. M.) : That the Zoning By-Law and the Zoning Map dated May 2, 1940, as most previously amended, be changed to provide that the area of land now zoned for business, located on the southeasterly corner of Grove and Liberty Streets, be extended along Grove Street easterly of the present Busi- ness zone to a point fifty (50) feet west of Plot 6B on Assessor's Plan No. 1109, to a line South of a parallel to Grove Street to a depth of one hundred (100) feet, so that a strip of land fifty (50) feet wide between Plot 6B and the extended Business Zone, remains in Residence B zone.
ARTICLE 26. Amending Zoning By-Law, Residence B to Industrial.
MOVED by Mr. Magaldi:
No Action.
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Discussion ensued involving Mr. Magaldi, Chairman of the Planning Board, and Mrs. Connell.
Comes now the question on the motion by Mr. Magaldi.
SO VOTED (10:30 P. M.)
ARTICLE 2.
Mr. Strathdee presented the following report under Article 2.
Under Atricle II of the 1956 Town Meeting, it was voted that a committee of three be appointed to determine and advise the Town as to methods and cost of making a complete survey and study of the problem of flood con- trol all watersheds.
At the 1957 Annual Town Meeting under Article II. it was voted that the committee their study. This is a progress report of your committee.
During 1956 and early '57, the committee gathered the necessary material for submission to the proper gov- ernmental authorities for making an application for as- sistance in carrying out works of improvement on the Monatiquot River Watershed and on the Smelt Brook Watershed.
These requests were sent to the Norfolk Soil Conser- vation Service, which is a Federal agency, and were duly signed by the chairman of the Massachusetts Commission of Natural Resources and then in turn were sent to the Soil Conservationist, Dr. Isgur. located at Amherst, Mass. Dr. Isgur filed this with the Federal authorities in Washington.
All of the foregoing work was completed in July of 1957.
On February 27, 1958, the United States Department of Agriculture Soil Conservation Service notified Dr. Isgur and the Norfolk Soil Conservation Service that they were authorized to provide planning assistance to the local organizations on the Monatiquot River and Smelt Brook Watershed, for making investigations and under the authority of the watershed Protection & Flood Preven- tion Act.
On March 11th, 1958, your committee notified the Norfolk Soil Conservation District personnel that there was a continued interest on the part of the residents of Braintree in having this work completed.
On March 14th, the Unit Conservationist of the Soil Conservation service wrote to your committee as follows :-
"The following is an outline of what is to take place between now and the middle of May as it pertains to work progress on the Monatiquot River as well as the Smelt Brook.
"1. Order map materials and prepare outlines of areas.
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a. U. S. G. S. Quadrangle sheets with Bench Mark elevations and other detail.
b. Base map preparation from U. S. G. S. sheets.
c. Reproductions of aerial photographic cover- age of Monatiquot and Smelt on 1320' to the inch scale and 400' to the inch. The above to be ordered by March 14.
"2. Joint meeting of representatives of U. S. Army Corps of Engineers, your committees, Soil Conservation Service, and the co-sponsoring Norfolk Soil Conservation District on either April 9, 10, or 11 so that arrangements relative to division of work between ourselves and the Corps may be made firm.
"3. The next step is a prelimary investigation of both watersheds by the watershed planning party of the SCS, to gather basic information on which will be predi cated basic decisions. To take place between March 17 to May 5.
"4. A meeting of all agencies affected by watershed work, i. e. forestry, wildlife, others (federal, state, or local) to review the findings of the watershed planning party. The flood control committees, SCS, the Norfolk Soil Conservation District to be present. This is to be accomplished between May 5-12.
"5. The Monatiquot and Smelt flood control com- mittees and SCS representatives to get together and develop a schedule of events, listing all the jobs to be done and assigning possible dates of completion. To be done soon after May 12."
The committee wishes to express its thanks to the various individual and commercial establishments, organ- izations, and individuals who have cooperated in helping us gather supporting information to carry our work through to tis present state. We also wish to give special thanks to Representative Herbert B. Hollis who has used his good offices to follow through with the people in our state government and with our representatives in congress. We also want to express our thanks to Congressman Richard Wigglesworth or his active follow of our applica- tion in Washington.
Respectfully submitted
/s/ John Chelluk /s/ Joseph D. Guertin, Secretary /s/ Wallace B. Strathdee, Chairman
Upon motion duly made by Mr. Hollis, it was
SO VOTED (10:38 P. M.) : That the report pre- sented by Mr. Strathdee be accepted with thanks and that the Braintree Drainage Committee, composed of Wallace
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B. Strathdee, Chairman; Joseph D. Guertin, Secretary; and John Chelluk, appointed by the Moderator at the 1956 Town Meeting and continued by the 1957 Town Meeting be further continued, and the committee be enlarged to seven members by adding the following: John Q. Went- worth, Richard A. Hunt, John C. Pafford and Harold C. Pearl.
ARTICLE 27. Amending of By-Laws, Article 6, Section 1.
Upon motion duly made by Mr. Garland, it was SO VOTED (10:38 P. M.) : No action.
ARTICLE 28. Chapter 427, Acts of 1957, Increasing of Pensions.
Upon motion duly made by Mr. Garland, it was So VOTED (10:38 P. M.) : No action.
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