USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1959 > Part 6
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Par. 6, Corner Clearance.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (8:59 P. M.): That the Zoning By-Law be amended by striking out paragraph 6 Section VIII entitled "Corner Clearance" and insert
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in place thereof a new paragraph 6 under said section VIII reading as follows:
"CORNER CLEARANCE" - Buildings, roadside stands or other structures erected or placed on corner lots at the intersection of two or more street lines, shall first conform to all the requirements specified under Section VIII Paragraph 3 entitled "FRONT YARDS"; except that when lot corners between two intersecting streets lines are rounded, no part of the building, road- side stand or structure shall be less than fifteen (15) feet, measured radially, from the circular arc. The area between each street line and the building, roadside stand or structure, shall be considered as "FRONT YARD."
ARTICLE 31. Instruct Representatives in General Court to introduce legislation relative to validity of layout of public ways.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (9:01 P. M.) : That our representatives in the General Court are hereby instructed to introduce and make every effort to secure passage of legislation as follows :
Be it enacted, etc., as follows:
1. The laying out, alteration, relocation or dis- continuance of all public ways in the Town of Braintree, previous to the year nineteen hundred and fifty-nine by the Selectmen of said town in so far as such laying out, alteration, relocation or discontinuance may be invalid by reason of failure to comply with the provisions of Chap- ters forty-one, seventy-nine and eighty-two of the General Laws, is hereby validated and confirmed.
2. This act shall take effect upon passage.
ARTICLE 32. Amending Zoning By-Law, Par. 1, Sec. 1, land at southerly end of Lake Street from Residence B to Industrial.
Upon motion duly made by Mr. Magaldi, it was
SO VOTED (9:02 P.M.) : No action.
ARTICLE 33. Amending Zoning By-Law, Par. 1, Sec. 1, land on westerly side of Liberty Street from Residence B to Business.
MOVED by Mr. Magaldi :
No action.
Discussion ensued involving Mr. Magaldi and Mr. Jensen.
Comes now the question on the motion by Mr. Magaldi.
SO VOTED (9:05 P.M.) :
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ARTICLE 34. Amending of Zoning By-Law, Par. 1, Sec. 1, land on westerly side of Granite Street from Residence B to Business.
MOVED by Mr. Magaldi :
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 further amended so that a parcel of land shown as Plot No. 1 on Assessors' Plan No. 2043, containing ten (10) acres, more or less, located on the westerly side of Granite Street between Partridge Hill Road and the Southeast-Route 128 Expressway be changed from Residence Zone to Business Zone.
Discussion ensued involving Mr. Magaldi, Mrs. Davis, Mr. Bradley-representative of the real estate development firm involved, and Mr. Maitland.
MOVED by Mr. Maitland.
That action on the subject matter of Article 34 be postponed indefinitely.
Comes now the question on the motion by Mr. Mait- land.
Vote was taken and the Moderator declared the mo- tion by Mr. Maitland LOST. (9:25 P. M.)
Comes now the question on the motion by Mr. Magaldi.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 126 votes in the affirmative and 30 votes in the negative. There being more than the necessary two-thirds vote in the affirma- tive the Moderator declared the motion by Mr. Magaldi.
SO VOTED (9:25 P.M.).
(Recess from 9:25 P.M. to 9:35 P.M.).
ARTICLE 35. Amending Zoning By-Law, Par. 1, Sec. 1, land on southerly side of Elm Street from Residence B to Residence C.
Upon motion duly made by Mr. Magaldi, It was
SO VOTED (9:36 P.M.) : That action on Article 35 be indefinitely postponed.
ARTICLE 36. Amending Zoning By-Law, Par. 1, Sec. 1, land on West and Granite Streets from Resid- ence B to Business, and land on northerly side of West Street from Residence A to Business.
Upon motion duly made by Mr. Magaldi, it was SO VOTED (9:37 P.M.) : No action.
ARTICLE 37. Amending Zoning By-Law, Par. 1, Sec. 1, land on Hayward Street and Quincy Avenue from Residence B to Business.
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Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (9:39 P.M.) : That Paragraph 1 Section 1 of the Zoning By-Law be amended so that the Zoning Map dated May 2, 1940, as most pre- viously amended, be further amended so that the present
Zone on the southerly corner of Hayward Street and Quincy Avenue be extended by changing Plots Nos. 13 and 14 as shown on Assessors' Plan No. 3051, from Residence B Zone to Business Zone.
ARTICLE 38. Amending Zoning By-Law, Par. 1, Sec
1, land on easterly side of Columbian Street from Residence B to Business.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (9:40 P.M.) : That Para- graph 1 Section 1 of the Zoning By-Law be amended so that the Zoning Map dated May 2, 1940, as most pre- viously amended, be further amended so that the trian- gular parcel of land located on the easterly side of Col- umbian Street, bounded by Grove Street, Columbian Street and the Town of Weymouth boundary line, shown as Plots Nos. 3 to 12 inclusive on Assessors' Plan No. 1112, be changed from Residence B Zone to Business Zone. ARTICLE 39. Amending Zoning By-Law, Par. 1, Sec. 1, land on westerly side of Lakeside Drive from Resid- ence B to Business, and land on northeasterly side of Granite Street from Industrial to Residence C.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (9:41 P. M.) : That Para- graph 1 Section 1 of the Zoning By-Law be amended so that the Zoning Map dated May 2, 1940, as most pre- viously amended, be further amended so that :
A. A parcel of land containing approximately 5,192 square feet, located on the westerly side of Lake- side Drive near the Lakeside School, shown as Plot No. 2 on Assessors' Plan No. 2039 be changed from Residence B Zone to Business Zone and
B. A parcel of land containing approximately 5.1 acres, located on the northeasterly side of Granite Street bounded by Plots Nos. 1, 15 and 16 as shown on Assessors' Plan No. 2089, be changed from Residence B Zone to Busi- ness Zone and this parcel includes Plots Nos. 2, 2A, 3, 4, 5, 6, 7, 10, 11 and 14 as shown on Assessors' Pian No. 2089.
ARTICLE 40. Amending Zoning By-Law, Par. 1, Sec. 1, land on westerly side of Forest Street from Industrial to Residence C.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED 1 (9:45 P.M.) : That Paragraph 1 Section of the Zoning By-Law be
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amended so that the Zoning Map dated May 2, 1940, as most previously amended, be further amended so that the portion of Plot No. 1 now in the Industrial Zone shown on Assessors' Plan No. 1107, located on the westerly side of Forest Street northerly of Plot No. 2 on Assessors' Plan No. 1107, be changed from Industrial Zone to Resid- ence B Zone.
ARTICLE 41. Amending Zoning By-Law, Par. 1, Sec. 1, land on westerly side of Granite Street from Residence A and B to Residence C.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (9:48 P.M.) : That Para- graph 1 Section 1 of the Zoning By-Law be amended so that the Zoning Map dated May 2, 1940, as most pre- viously amended, be further amended so that a strip of land one hundred (100) feet wide on the westerly side of Granite Street extending from King Hill Road to West Street located between the present Industrial Zone on the west side and the Residence B zone area on the east side, be changed from Residence A Zone to Residence B Zone.
ARTICLE 42. Amending Zoning By-Law, Par. 1, Sec. 1, land on westerly side of Granite Street from Residence B to Business.
-
Upon motion duly made by Mr. Magaldi, it was SO VOTED (9:49 P.M.) : No action.
ARTICLE 43. Amending Building Code, Sprinkler Systems or Fire Detection Units.
Upon motion duly made by Mr. Magaldi, it was
UNANIMOUSLY VOTED (9:50 P.M.) : That the Building Code be amended by adding thereto a new Sec- tion XII entitled "Fire Protection " and reading as follows : U
-
PART XII FIRE PROTECTION
SPRINKLER OR FIRE DETECTION SYSTEMS
1. No building shall be used in whole or in part as a boarding or lodging house, hospital, nursing home, rest home, convalescent home, home for the aged, or for any similar purpose, unless such building or buildings are in each case protected throughout by a standard automatic sprinkler system or a complete automatic fire alarm de- tection system of an approved design of wiring and cquipped with thermostats designed to sound audible alarms in one or more places on the premises and also automatically transmit a fire alarm signal to Fire De- partment Headquarters. Any building existing and used for any purpose specified in this paragraph shall comply with this requirement not later than January 1, 1960.
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2. Any new building or an existing building con- verted for use as a business or industrial establishment having more than three thousand (3,000) square feet of floor area shall be protected by the owner w.th a standard automatic sprinkler system or an automatic fire detection and alarm system as specified In pala- graph 1 of this section and shall be installed as specified in paragraph 4 of this section.
3. All schools, public or private, institutions, public buildings or places of assembly, constructed or converted after the adoption of this section, shall be protected with a standard automatic sprinkler system or an automatic fire detection and alarm system as specified in para- graph 1 and 4 of this section.
4. Any sprinkler or fire detection system installed in accordance with this regulation shall be in accordance with the standards of the National Board of Fire Under- writers and approved by the Chief of the Fire Depart- ment.
5. Buildings of Type 1 Fire Proof construction may be exempted from the provision of this section with the approval of the Chief of the Fire Department.
ARTICLE 2.
Mr. Bean presented the following report of the Thayer Birthplace Memorial Committee :
I wish at this time to make a progress report for the Thayer Birthplace Memorial Committee appointed by the Moderator on instructions from the Special Town Meeting in the Fall of 1957.
At the 1958 Regular Town Meeting the Town ap- propriated $15,000 toward the cost of reconditioning, moving and restoring the Sylvanus Thayer Birthplace, and made available to the Braintree Historical Society on a long-term rental basis the town owned lot opposite Town Hall on which to locate it as a Community His- torical Center. The Committee was continued to admin- ister the expenditure of the $15,000.
To date all but $723.91 has been expended or com- mitted of this $15,000 appropriation. Foundations and drains cost $4,987.00. The moving and masonry contract was $7,500.00. Fill has cost $450.45. Waterproofing the foundation wall cost $85.00 Utility connections cost $193.59. Heating system removal and storage cost $134.50. $925.55 was spent for building materials.
This totals $14,296.09 .. The remaining $723.91 will be used for grading and seeding the lawn. The $7,500.00 for moving and masonry, although committed, has not been paid out by the Town accountant as the work under this contract is not fully completed.
These are the official facts covering the portion of this project for which The Town Committee is respon-
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sible and for which a report to Town Meeting is required. However, it is believed that the Town has an interest in the entire project to establish this Community Historical Center, and with the Moderator's permission, I will add a statement of the progress of the entire project.
The remainder of the funds for restoring the Thayer Birthplace were contributed by Walworth Company, the Townspeople and others to the Thayer Birthplace Com- mittee of the Braintree Historical Society through the efforts of a Citizens' Committee formed for the purpose. In all $30,251.68 was raised in addition to the Town approprat.on. Interest has brought this to $30,489.18. So, adding the Town's $15,000, we had $45,489.18 in all to do the job. We were assured at that time that this would be enough to finish the outside restoration and complete the custodian's quarters. Inside restoration, we made clear, would have to come later.
1 Contractor's costs for outside restoration have, how- ever, far exceeded the contractor's original estimates. It is possible to arrange for historical restoration work only on a cost-plus basis, due to the uncertainties involved. The Thayer Birthplace job was no exception. Let me make it clear that the excess costs that have developed are not in any way obligations on the Town. They are the responsibility of the Historical Society. The Histori- cal Society intends to meet these obligations. They have borrowed $10,000 for the purpose. They have raised an additional $2,000 since the drive by memberships projec.s. These fund raising efforts will continue. They have ar- ranged with the restoration Contractor to give a fixed price bid for the remamuer of the exterior restoration and the complete custodian's quarters. This bid should be received before the end of the week and the work resumed on a fixed price basis.
There have been many problems which your com- mittee working jointly with the Historical Society Build- ing Committee has surmounted one at a time. A trem- endous amount of work, research and thought has gone into it, and we are not done yet. We have been doing the job right. We had no intention of moving rotten timbers to the Town Center or covering unsound con- ditions with a good veneer. This has been long-range planning, historically correct. The Town is assured that an incomplete exterior will not be left in the Town Center and that the exterior work will be completed without aelay and without any further expenditure of Town lun.s. This is what the Historical Society said it would do when the Town appropriated its $15,000 and this is what we will do.
Once this is done, we will turn our attention to restoration of the historic interior. We have the great majority of the original interior stored to one side awaiting reinstallation. As we have said from the start, the Townspeople will be asked to participate in the and or restoration, as they did in the exterior restoration, when the time comes.
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Sylvanus Thayer is being nominated for the Hall of Fame this Spring and the Electors will make their selec- tion from the nominees in the Spring of 1960. The War Department has made inquiries through the Army Base as to possible date for a dedication ceremony. West Point is also interested in participation in such a dedica- tion. It will be fine if such a dedication ceremony could precede this election to the Hall of Fame. We will bend every effort to complete the interior in time. It would bring national attention to Braintree and give added pres- tige to our memorial.
It is hoped that as the exterior of this fine old house begins to assume its attractive appearance the people of the Town will become increasingly proud of it. We have ways of making the new skin of the house with its vitality for the future quickly assume the appearance of old wood which it duplicates. Nothing has been changed in the house proper except to restore it to the way it had been, where others had previously changed it. The long over-due facility for a Town Museum should be a real contribution toward Community Consciousness, a sentiment that is of growing importance in this era of transportation in which we live. America is no stronger than her individual communities. Braintree is receiving an outstanding Community Historical Center at a fraction of its cost.
Respectively submitted :
Respectfully submitted :
Gilbert L. Bean, Chairman John J. Canavan Richard A. Hunt Joseph M. Magaldi Archie T. Morrison Howard J. Rose Paul H. Young
Upon motion duly made by Mr. Fletcher, it was
SO VOTED (9:59 P.M.) : That the report be accep- ted as a report of progress.
ARTICLE 44. Installing Sprinkler System in Town Hall. Upon motion duly made by Mr. Fletcher, it was
SO VOTED (10:00 P.M.) : That the town raise and appropriated the sum of $4,000 for the installation of a Fire Detection System in the Town Hall to be expended under the direction of the Selectmen with the approval of the Fire Chief and the Building Inspector.
ARTICLE 45. Care and Maintenance, First Parish Cemetery.
No action necessary. Refer to Article 9, Item 35).
ARTICLE 46. Construction of main or lateral sewers.
MOVED by Mr. Fletcher : 1
$4,000.00>
80
.
That there be raised and appropriated the sum of $150,000 for the construction of additional sewers for sanitary purposes under the direction of the Sewer Com- missioners and that to meet said appropriation the sum of $38,272.40 be taken from Sewer Receipts reserved for appropriation. $11,727.60 be raised in the tax levy and that the Treasurer with the approval of the Select- men be and hereby is authorized to borrow the sum of $100,000 and to issue bonds or notes of the Town therefor payable in accordance with the provisions of Chapter 44 of the General Laws so that the whole loan shall be paid in not more than 15 years from the date of issue of the first bond or note, or at such earlier time as the Treasurer and Selectmen may determine.
Mr. Dyer of the Sewer Commissioners spoke on the motion.
Comes now the question on the motion by Mr. Flet- cher.
UNANIMOUSLY VOTED (10:06 P.M.).
ARTICLE 47. Additions and alterations to Common Street and Howard Street pumping stations.
MOVED by Mr. Fletcher :
That there be raised and appropriated the sum of $44,000 to be expended under the direction of the Sewer Commissioners for the additions and alterations to the Common Street and Howard Street pumping stations.
Mr. Dyer of the Sewer Commissioners spoke on the motion.
Comes now the question on the motion by Mr. Fletcher.
SO VOTED (10:08 P.M.).
ARTICLE 48. Sanitary sewer from Walnut Street to Granite Street.
That there be raised and appropriated the sum of $160,000. for the construction of a sanitary sewer from Walnut Street to Granite Street to serve the pro- posed shopping center under the direction of the Sewer Commissions and that to meet said appropriation there be transferred from the Granite Street Sewer Appropriation of 1958 the sum of $28,248.94, the sum of $6,751.06 be raised in the tax levy and that the Treasurer with the approval of the Selectmen be and hereby is authorized to borrow the sum of $125,000 and to issue bonds or notes of the Town therefor payable in accordance with the provisions of Chapter 44 of the General Laws so that the whole loan shall be paid in not more than 15 years from the date of issue of the first bond or note, or at such earlier time as the Treasurer and Selectmen may determine.
$150,000.00
44,000.00
$160,000.00
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Discussion ensued involving Mr. Dyer of the Sewer Commissioners, Mr. Oakman and Mr. Gannon.
Comes now the question on the motion by Mr. Flet- cher.
UNANIMOUSLY VOTED (10:16 P.M.).
ARTICLE 2.
Mr. Pinault presented the following report of the Committee for Recording and Listing Performance Bonds :
Upon written request by the Committee to all De- partments of the Town, the Committee has compiled the following list of Surety and Performance Bonds, and has filed this list with the Town Clerk.
The Committee asks the Town Meeting to request the Town Clerk to keep on file a list of all performance and other surety bonds, including the current list filed by this Committee.
The Committee further recommends and urges all Departments to file any such bonds that they may receive with the Town Clerk, unless provision is made in their office for safe keeping and in that case notify the Town Clerk of any bond which may be filed with them, giving the name of principal and surety, number, and amount of bond, and purpose for which it was given.
Respectively submitted, Norris H. Pinault, Chairman G. Vinton Jones Joseph F. Connolly, Clerk
Upon motion duly made by Mr. Fletcher, it was
SO VOTED (10:18 P.M.) : That the report be accepted with thanks.
ARTICLE 49. Sanitary sewers on Milton Road.
MOVED by Mr. Fletcher :
No action.
Discussion ensued involving Mr. McNealy, and Mr. Dyer of the Sewer Commissioners.
Comes now the question on the motion by Mr. Flet- cher.
SO VOTED (10:21 P.M.).
ARTICLE 50. Annuity for Harlan S. DeMerritt.
Upon motion duly made by Mr. Fletcher, it was
UNANIMOUSLY VOTED (10:22 P.M.) : That an annuity be granted to Harlan S. DeMerritt at the rate of Two thousand ($2000) dollars per year starting April 1,
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1959, in consideration of his long and meritorious service as a School Custodian, under the provisions of General Laws, Chap. 32 Sec. 95 and that there should be raised and appropriated the sum of One thousand five hundred ($1500) dollars therefor.
ARTICLE 51. Sale of land on Portland Road.
Upon motion duly made by Fletcher, it was
UNANIMOUSLY VOTED (10:23 P.M.) : That the Selectmen be authorized to sell to Maurice and Carol Gurney a strip of land adjoining property on Portland Road and containing about 4061 square feet as shown on a "Plan showing subdivision of land in Braintree belonging to Town of Braintree (School Department), January 28, 1959, H. C. Pearl, Town Engineer, for the sum of Two hundred ($200) dollars.
ARTICLE 52. Installation of sprinkler system in school buildings.
Upon motion duly made by Mr. Fletcher, it was
SO VOTED (10:23 P.M.) : That there be raised and appropriated the sum of $13,900 to complete the Sprink- ler System in the Penniman, Monatiquot and Perkins Schools and to replace the Fire Alarm Equipment in the High School where necessary. $5,000.00 of the sum to be transferred from the Lincoln School Sprinkler Account and $8,900.00 raised by the tax levy, all to be expended under the direction of the school committee with the ap- proval of the Fire Chief.
ARTICLE 53. Purchase or taking by eminent domain of land for secondary school or schools.
(No action necessary. Action taken at Special Town Meeting).
ARTICLE 54. Plans for construction of secondary school or schools.
(No action necessary. Action taken at Special Town Meeting.
ARTICLE 55. Public Law 560, planning of public works.
(No action necessary. Action taken at Special Town Meeting) .
ARTICLE 56. Reimbursement of Robert O'Connor for expenses incurred as the result of an accident at Noah Torrey School.
MOVED by Mr. Fletcher :
No action.
MOVED the following substitute motion by Mr. McNealy :
$1,500.00
13,900.00
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That the Town of Braintree raise and appropriate the sum of $650 to reimburse Cornelius A. O'Connor, Jr. father of Robert O'Connor for medical expenses incurred on account of injuries received by said Robert O'Connor as a result of an accident on September 24, 1957, occur- ring on the premises of the Noah Torrey School and in- volving an employee of Town of Braintree Scnool Dept.
Discussion ensued involving Mr. McNealy, Mr. Fletcher, Mr. Johnson-Representative and Town Clerk, Mr. Shannon and Mr. Buckley.
Comes now the question on the motion by Mr. Flet- cher.
SO VOTED (10:42 P.M.).
ARTICLE 57. Improving parking area at Sunset Lake.
Upon motion duly made by Mr. Fletcher, it was
SO VOTED (10:42 P. M.): No action.
ARTICLE 58. Renaming of Braintree Municipal Golf Course.
MOVED by Mr. Fletcher :
That the Board of Parks and Playground Commis- sioners be authorized and requested to dedicate and name the Braintree Municipal Golf Course as the Hollis Memorial Golf Course in grateful memory of Norton Eugene Hollis.
MOVED by Mr. Gannon to amend the motion by Mr. Fletcher as follows :
By striking out " Hollis Memorial Golf Course in grateful memory of Norton Eugene Hollis " and sub- stitute " The Braintree Veterans Memorial Golf Course in memory of the men from this town who have given their lives in the Service of their Country." .
Comes now the question on the amendment by Mr. Gannon.
Vote was taken and the Moderator declared the amendment by Mr. Gannon UNANIMOUSLY LOST. (10:44 P.M.).
Comes now the question on the motion by Mr. Flet- cher.
SO VOTED (10:45 P.M.).
ARTICLE 59. Construction of storage building for Park Department.
Upon motion duly made by Mr. Fletcher, it was
SO VOTED (10:45 P.M.) : No action.
ARTICLE 2.
84.
Upon motion duly made by Mr. Brooks of the Park Commissioners, it was
SO VOTED (10:46 P.M.) : That a committee of
1 eight (8) members be appointed by the moderator, three of whom shall be members of the Finance Committee, one of whom shall be the Chairman of the Park Commission, Chief of the Fire Department, Town Building Inspector, and two members chosen by the Moderator, said com- mittee to examine into the construction of a general stor- age and service building for the Park Department. This committee shall report to the next Special . or Annual Town Meeting and insert in the Warrant any Article or Articles they deem necessary.
ARTICLE 60. Remodeling of garage at Golf Course.
Upon motion duly made by Mr. Fletcher, it was
SO VOTED (10:46 P.M.) : No action.
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