USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1962 > Part 6
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UNANIMOUSLY VOTED
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ARTICLE 25. Amend Town By-Laws, Article VII-A, Inspector of Gas Piping and Gas Appliances.
UNANIMOUSLY VOTED That the Town vote to amend its By-Laws by adding a new article after Article VII as follows:
ARTICLE VII-A
Section 1. The Board of Health shall annually appoint an Inspector of Gas Piping and Gas Appliances whose duties shall be the enforcement of the rules and regula- tions under the provisions of General Laws, Chapter 25, Section 12H.
Section 2. Whenever practicable when the incumbent Plumbing Inspector is qualified he shall be appointed under Section 1 hereof.
ARTICLE 26. Amend By-Laws, Article VIII-A, Credit Union.
MOVED by Mr. LaTanzi:
The Treasurer shall deduct from the salary of any School Department employee of the Town, once a month from October through June each school year, such an amount as the employee in a written authroization to the Treasurer before October 1 may specify for deposit in the Braintree School Department Federal Credit Union.
Discussion ensued involving Mr. LaTanzi, Mr. Dooley, Mrs. Hedlund and Mr. Page.
MOVED the following substitute motion by Mr. Page:
Indefinite postponement.
Comes now the question on the substitute motion by Mr. Page.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 96 votes in the affirma - tive and 96 votes in the negative. Town Counsel Hunt ruled that the Moderator, as a duly qualified Town Meeting Member, had the legal right to cast his vote. The Moderator then declared his vote in the negative and ruled that on a vote of 96 votes in the affirmative and 97 votes in the negative the substitute motion by Mr. Page was LOST.
Comes now the question on the motion by Mr. LaTanzi.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 103 votes in the affirma- tive and 87 votes in the negative. There not being the neces - sary two-thirds vote in the affirmative the Moderator de- clared the motion by Mr. LaTanzi LOST.
Upon motion duly made by Mr. Arnold under Article 2, it was
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UNANIMOUSLY VOTED That a Committee of five be appointed by the Moderator to study the problem of making deductions for the School Department Federal Credit Union by the Town Treasurer's Office.
ARTICLE 27. Amend By-Laws, Article VII, Section 3, Right of Burial.
UNANIMOUSLY VOTED That the By-Laws of the Town be amended by striking out Section 3 of Article VII and substituting therefor a new Section 3 as follows:
Deeds conveying the right of burial in any public cemetery in the town shall be recorded with the Town Clerk as provided in Section 51 of Chapter 550 of the Acts of 1948.
ARTICLE 28. Amend By-Laws, Article VII, Section 4, Cemeteries - Perpetual Care Fund.
UNANIMOUSLY VOTED That the By-Laws of the Town be amended by adding to Article VII a new section as follows:
Section 4. There is established under the control of the Trust Commission a fund to be known as "Cemeteries - Perpetual Care Fund" in which fund may be deposited any gift received and accepted by the Board of Selectmen or payments required by them, on the sale of cemetery lots, for perpetual care of certain lots, the income therefrom to be used for the perpetual care of said lots. All such gifts or payments shall be recorded on the Ceme- tery Lot Records of the Town Clerk.
ARTICLE 29. Gifts for Cemeteries - Perpetual Care Fund.
UNANIMOUSLY VOTED That the Town accept the following gifts and deposit the same in "Cemeteries - Perpetual Care Fund":
From the estate of Edna N. Bird - $500. 00 From Arthur W. Harris - 50.00
ARTICLE 30. Right to deposit in Cemeteries - Perpetual Care Fund.
UNANIMOUSLY VOTED That the Board of Select- men be and hereby are directed to petition the courts for the right to deposit with "Cemeteries - Perpetual Care Fund" all sums now held by the Trust Commission in trust for the care of cemetery lots in public cemeteries.
ARTICLE 31. Land for future use for Cemetery purposes.
That the Town remove from the list of properties to be sold under the provisions of Town By-Laws, Article IV, Section 4 and place under the exclusive control of
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the Board of Selectmen for future use for cemetery purposes, Plot 31 on Assessors' Plan 1047, said foreclosed tax title property being located on Jefferson St. between Jefferson St. and the westerly side of the Dyer Hill Cemetery.
Discussion ensued involving Mr. M. Pratt and Mr. Devin.
Comes now the question on the motion by Mr. Belcher.
SO VOTED
Upon motion duly made by Mr. M. Pratt under Article 2, it was
UNANIMOUSLY VOTED Be it resolved that it is the will of this meeting that no further lots be sold for burial in the Dyer Hill Cemetery but that the property be held by the Town of Braintree as an Historic site.
ARTICLE 2.
UNANIMOUSLY VOTED That this Town Meeting direct the Moderator to appoint a committee of five (at least one of whom shall be an attorney) to study the present procedures and governing statutes relating to so-called "legal advertising" and the present proce- dures and governing statutes relating to notifying all interested parties prior to hearings or actions by various Town bodies.
This committee shall be directed to report to the next Annual Town Meeting as to the effectiveness of present procedures insofar as they serve the function of reaching the greatest number of citizens and parties who would be affected by changes in the zoning laws, granting of permits and other actions of town bodies.
This committee shall be further directed to make recommendations for changes if warranted and to insert an article, or articles, in the next Warrant for the Annual Town Meeting if necessary to the carrying out of these recommendations.
ARTICLE 32. Committee to study the remodeling of Town Hall.
SO VOTED Indefinite postponement.
ARTICLE 33. Microfilming of Town records.
UNANIMOUSLY VOTED That there be raised and appropriated $3, 210. 00 for the microfilming of original town records (1640 - 1961), to be expended as follows:
Town Clerk's Office Assessor's Office Engineer's Office
$2,030. 00 333.00 847.00
$3,210. 00
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ARTICLE 34. Chapter 552, Acts of 1961, Minimum Benefits for Widows of certain Deceased Employees.
SO VOTED Indefinite postponement.
ARTICLE 35. Chapter 111, Acts of 1961, Increase in Pension for certain Municipal Employees.
SO VOTED Indefinite postponement.
ARTICLE 36. Chapter 223, Acts of 1957, Establish Conservation Commission.
MOVED by Mr. Page:
Indefinite postponement.
Mr. Bean spoke on the motion.
Under Article 2 Mr. Magaldi presented the following Re- port of the Committee appointed by the Moderator to study the advisability of appointing a Conservation Committee.
The Committee appointed by the Moderator following the 1961 Town Meeting to study and report on the question as to whether Braintree should provide for the appointment of a Conservation Commission or not, reports as follows:
The matter has been reviewed. Approximately half of the 28 communities in Norfolk County have Conservation Commissions. About one-third of the cities and towns of the Commonwealth have commissions. The Committee does not feel that it should recommend any action at this time because there are some pertinent questions to be answered. 'A meet- ing scheduled by the Chairman of this Committee with Mr. Thomas Flint and other officers of the Massachusetts Association of Conservation Commissions was unfortunately canceled due to Mr. Flint's illness. It is hoped that such a meeting can be rescheduled in the near future. Our study shows that there has been an overlapping of functions of con- Servation commissions, planning boards, forest committees, park commissions and other existing boards or commissions. We feel confident that these matters can and will be cor- rected. The Department of Natural Resources under the able leadership of Commissioner Foster and his Executive Assistant Robert Yasi are working diligently for the esta- blishment of Conservation Commissions. We have attended some of the informative meetings which they have held, learning a great deal through this medium.
Our recommendation is that this or a similar committee continue to study this matter and report with recommenda- tions be given to the next annual town meeting.
Respectfully submitted, Joseph M. Magaldi, Chairman Leslie R. Birnie John J. Cusack
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SO VOTED That the report of the Committee be accepted as a report of progress and that the Committee continue its deliberations.
Comes now the question on the motion by Mr. Page.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 26 votes in the affirma- tive and 141 votes in the negative. The Moderator declared the motion by Mr. Page LOST.
Discussion ensued involving several of the Town Meet - ing Members.
Upon motion duly made, it was
SO VOTED To recommit the subject matter of this Arti- cle to the Committee for further study.
(Recess from 9:37 P. M. to 9:50 P. M.)
ARTICLE 38. Amend Building Code, Fire Detection Alarm Systems.
SO VOTED That a committee of five (5) be appointed by the Moderator to study and prepare rules and regulations relative to the installation of fire detection alarm systems in dwellings. Included on said committee shall be representa- tives of the Fire Department, inspector of wires, and the Building Inspector. The Committee shall report to the next annual Town Meeting and submit to the Meeting for consid- eration any articles that may be necessary to require in- stallation of detection alarms systems in new dwellings.
Mr. Magaldi, Chairman of the Planning Board, formally filed the report of the Planning Board with the Town Clerk, as required by the General Laws.
ARTICLE 39. Amend Zoning By-Law, Sec. IX, Par. 3, Zoning Board of Appeal members.
That the Zoning By-Law, Sec. IX, Para. 3, be amended by striking out the first part of the first sentence to the comma and inserting in its place the following phrase:
"There shall be a Board of Appeals of three members and two associate members appointed as provided in Section 14, of Chapter 40A, of General Laws.
Vote was taken and there being votes in the negative the Moderator ordered a teller count. Vote and count were taken and the tellers reported 169 votes in the affirmative and 1 vote in the negative. There being more than the re- quired two-thirds vote in the affirmative the Moderator de- clared the motion by Mr. Magaldi
SO VOTED 4
ARTICLE 40. Amend Zoning By-Laws, Sec. III, Resi- dence C District Uses.
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That the Zoning By-Law be amended by adding to Sec. III entitled "Residence C District Uses" a paragraph 4 reading as follows:
4. Regulations governing apartments permitted in Line 2. A. Permitted Uses
1. Multiple-family dwellings not exceeding
twelve (12) units or apartments in a single building.
B. Building Height Limit Three stories not exceeding thirty-five (35) feet.
C. Required Lot Area
No apartment dwelling shall be established on a lot having an area or width less than than specified for a one-family residence in C Districts or 15, 000 square feet provided however, that each apartment dwelling shall be located on a lot having an area of not less than two thousand (2, 000) square feet for each family housed therein but in no instance less than fifteen thousand (15, 000) square feet.
D. Percentage of Lot Coverage
All buildings including accessory buildings shall not cover more than thirty (30) per cent of the area of the lot.
E. Yards Required
Yards of the following minimum depths shall be provided:
1. Front Yard - Twenty-five (25) feet or the height of the building if it exceeds 25 feet, to be used solely for landscaping.
2. Side Yards - each equal to the height of the building but not less than twenty-five (25) feet, one half of which, adjacent to the building, shall be used solely for landscaping.
3. Rear Yards - equal to the height of the build- ing but not less than twenty-five (25) feet.
F. Required Court Dimensions
1. Inner Courts shall not be permitted.
2. Outer courts shall not have a width of less than fifty (50) feet or the average of the height of surrou surrounding walls nor a depth greater than its own width.
G. Distance Between Buildings on the Same Plot No principal building shall be closer to any other principal building than the average heights of said build- ings.
H. Automobile Storage or Parking Space
In connection with every multiple-family dwelling there shall be provided automobile parking space, in- door or outdoor, of sufficient size to allow two parking spaces for each dwelling unit to be accomodated on the lot or tract.
I. Site Plan Approval
With each application for a permit for the con- struction of an apartment building, there shall be sub- mitted three copies of a site plan for the proposed building or buildings, one of which shall be forwarded forthwith to the Planning Board for its review. Said site plan shall show all existing and proposed buildings or structures, driveways and roadways, facilities for sewage disposal, drainage and parking areas.
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The Planning Board shall make its report to the Building Inspector within thirty (30) days and if it fails to do so, the Building Inspector may act on the applica- tion without such report and recommendation.
In addition to the data herein required on a site plan, there shall be submitted an architectural design showing the type of structure which will (1) form a compatable, harmonious community group, and (2) be suited to the capacity of existing and proposed community utilities and facilities; and such design must be consistent with any designs submitted to the Town as a basis for rezoning to permit the desired construction.
All site plans complying with the existing Zoning By- Law and which do not tend to impair the health, safety, convenience and welfare of the inhabitants of the Town in general shall be approved.
J. All apartments permitted in Residence C or Business Districts shall comply with all the regulations set forth in this section.
Lengthy discussion ensued involving several Town Meet- ing Members.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 166 votes in the affirma- tive and 3 votes in the negative. There being more than the required two-thirds vote in the affirmative the Moderator declared the motion by Mr. Magaldi
SO VOTED
ARTICLE 41. Amend Zoning By-Law, Sec. IV, Business District Use, M1 District.
SO VOTED Indefinite postponement.
ARTICLE 42. Amend Zoning By-Laws and Map, In- dustrial and Residence A to Residence M1.
SO VOTED Indefinite postponement.
ARTICLE 43. Amend Zoning By-Laws and Map, Resi- dence A and Industrial to Business District Zone.
SO VOTED Indefinite postponement.
ARTICLE 44. Amend Zoning By-Laws and Map, Resi- dence B to Residence M1.
That the Zoning By-Laws and the Zoning Map dated May 2, 1940, as most previously amended, be further amended to provide that an area of land located on the South Westerly side of Commercial Street adjacent to the Fore River Railroad shown as Plots 1, 1A, 2, 3 and 3A on Asses- sors' Plan No. 2079 be changed from Residence B to Resi- dence C.
Lengthy discussion ensued involving several Town Meet- ing Members and citizens of the Town.
82
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 26 votes in the affirma - tive and 141 votes in the negative. The Moderator then de- clared the motion by Mr. Magaldi LOST.
Upon motion duly made by Mr. Delory, it was
UNANIMOUSLY VOTED That the Annual Town Meeting be adjourned until 7:45 P. M., Wednesday, March 28, 1962.
TOWN OF BRAINTREE ADJOURNED ANNUAL TOWN MEETING SPECIAL TOWN MEETING WEDNESDAY, MARCH 28, 1962
The Adjourned Annual Town Meeting and Special Town Meeting was called to order at 7:45 o'clock in the evening of Wednesday, March 28, 1962, by the Moderator, Mr. John J. Canavan.
There were 189 Town Meeting Members present.
The Moderator declared a quorum present.
Prayer for Divine Guidance was offered by Rev. Gale R. Williamson, Pastor of the East Braintree Methodist Church.
The following tellers were appointed by the Moderator to serve during the course of the evening:
Maurice R. Gurney Charles M. Grady
Richard Parsons
Linda W. Burdett Richard J. Peterson
Almeda Walker Cain Carl Sakrison, Jr. John Corbett
We now continue with consideration of the Articles in the Warrant.
ARTICLE 45. Amend Zoning By-Laws and Map, Resi- dence B to Residence M1.
UNANIMOUSLY VOTED Indefinite postponement.
ARTICLE 46. Amend Zoning By-Laws and Map, Resi- dence C to M1.
That the Zoning By-Laws and the Zoning Map dated May 2, 1940, as most previously amended, be further amended to provide that the present Residence C zone located on the Easterly side of Washington Street opposite the new Post Office be extended to the Old Colony right of way to include the presently zoned Residence B area be changed to C zone. The land involved is shown as Plots 1, 2, 3, 4, 4A, 4B and 5 on Assessors' Plan No. 2020 and Plot 43 and 43A as shown on Assessors' Plan No. 2021.
Lengthy discussion ensued involving several Town Meet- ing Members and representative of the apartment project.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 96 votes in the affirmative
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and 78 votes in the negative. There not being the necessary two-thirds vote in the affirmative the Moderator declared the motion by Mr. Magaldi LOST.
MOVED by Mr. Cuff in compliance with Article II, Sec- tion 7, of the By-Laws:
Reconsideration of action taken under Article 40.
Discussion ensued involving Mrs. Davis, Mr. Magaldi and Mr. Page.
Comes now the question on the motion by Mr. Cuff.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 2 votes in the affirmative and 159 votes in the negative. The Moderator then declared the motion by Mr. Cuff LOST.
ARTICLE 2.
UNANIMOUSLY VOTED 1. RESOLVED that it is the sense and wish of this annual town meeting assembled in legal session Wednesday, March 28, 1962, that all the restrictions and requirements governing apartment building construction, as set forth in Article 40 of the warrant for this meeting, shall be made to apply to all apartment buildings constructed under the zoning by-law or any variance which may be granted by the Zoning Board of Appeals.
2. BE IT FURTHER RESOLVED that the Planning Board be and is hereby instructed to study and prepare a zoning by- law to be submitted to the next special or annual town meet- ing that would in effect accomplish the wishes of this Town Meeting to adopt a zoning by-law which would make applicable to any apartment construction in any district under this zoning by-law or by variance the requirements set forth in Article 40 of the 1962 Annual Town Meeting.
3. BE IT FURTHER RESOLVED that copies of this resolution be sent to the members of the Zoning Board of Appeals and the Building Inspector.
ARTICLE 47. Amend Zoning By-Laws and Map, Resi- dence B and Residence C to Residence M1 District.
That the Zoning By-Laws and the Zoning Map dated May 2 1940, as most previously amended, be further amended to provide that a parcel of land shown as Plot Nos. 135 and 144 inclusive on Assessors' Plan No. 3050, located at the junction of Shaw, Hayward and Clover Streets, part of which is zoned Residence C and part Residence B be changed to all Residence C District, except that present Residence B zone on Shaw Street side of this parcel remain unchanged.
Lengthy discussion ensued involving several Town Meet- ing Members and citizens of the Town.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 14 votes in the affirmative
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and 154 votes in the negative. The Moderator then declared the motion by Mr. Magaldi LOST.
ARTICLE 48. Amend Zoning By-Laws and Map, Resi- dential B Zone to Business Zone.
Indefinite postponement.
Lengthy discussion ensued involving several Town Meet- ing Members and citizens of the Town.
The Moderator ordered a teller count. The Moderator excused Mr. John Corbett from acting as a teller and ap- pointed Mr. A. Ross Malcolm in his place. Vote and count were taken and the tellers reported 52 votes in the affirmative and 120 votes in the negative. The Moderator then declared the motion by Mr. Magaldi LOST.
(Recess from 9:36 P. M. to 9:53 P. M.)
MOVED by Mr. Libertine:
To amend the Zoning By-Laws and the Zoning Map dated May 2, 1940, as most recently amended to provide that a parcel of land located at 485 Granite Street shown as Plot 5A on Assessors' Plan 2042 containing approximately 1 acre be changed from Residence B Zone to Business Zone.
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Discussion ensued involving Mr. Libertine, Town Counsel Hunt, Mr. Page of the Finance Committee and Mr. J. Page.
Comes now the question on the motion by Mr. Libertine.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 114 votes in the affirmative and 46 votes in the negative. There being more than the re- quired two-thirds vote in the affirmative the Moderator de- clared the motion by Mr. Libertine
SO VOTED
ARTICLE 49. Amend Zoning By-Laws and Map, Resi- dential B Zone to Business Zone.
SO VOTED Indefinite postponement.
At Mr. Magaldi's request, and there being no objection, Article 1 of the Special Town Meeting was taken for considera- tion at this time.
ARTICLE 1 (STM). Amend Zoning By-Laws and Map, extension of Industrial District.
That the Zoning By-Law and the Zoning Map dated May 2, 1940, as most recently amended, be further amended to pro- vide that the present Industrial District northwest of New Route 128 be extended to include the tract of land now zoned Residential A on the westerly side of Granite Street lying between Granite Street, new Route 128, and the Quincy boundary line.
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Discussion ensued involving Mr. Magaldi and Mr. Page.
UNANIMOUSLY VOTED
ARTICLE 50. Laying and relaying of Water Mains.
$29,456. 42
That there be appropriated the sum of $29, 456. 42 for the laying and relaying of Water Mains of not less than six inches in diameter under the direction of the Water Commissioners and that to meet said appropriation the unexpended balance as follows: $5, 418. 21 from the 1958 Appropriation for the Con- structing Standpipe Penn's Hill under Article 49 of the Warrant for the Annual Town Meeting of 1958; $780. 71 from the 1957 Appropriation for Well Equipment under Article 36 of the War- rant for the Annual Town Meeting of 1957; $1, 894. 33 from the 1957 Appropriation for Well Pump Station under Article 37 of the Warrant for the Annual Town Meeting of 1957, be trans - ferred to said Account and the sum of $21, 363. 17 be taken from the Water Revenue of the year 1962.
Discussion ensued involving Mr. T. Matthews and Mr. Page.
SO VOTED
Upon motion duly made by Mr. Laing, it was
SO VOTED To take Article 6 from the table.
ARTICLE 6. General Increases under Salary Administration Plan.
UNAMINOUSLY VOTED That the sum of $58,031.03 be raised and appropriated for general salary increases for em- ployees coming under the Salary Administration Plan.
58,031.03
Of this total, the sum of $6, 592. 19 be appropriated from Water Department receipts and the balance $51, 438. 84 to be raised in the tax levy, the total amount to be allocated as follows, in each instance for a 39 week period:
Tax Collector
$ 171.42
Treasurer's Office
298. 74
Veterans' Services
334. 25
Town Clerk, including Registrars' Clerk Extra Clerical
418. 66
Town Accountant
471.75
Assessors' Office
653. 25
Selectmen's Office
765. 35
Health Department
874. 62
Engineering Department
959. 25
Sewer Department
2,692.29
Park Department
1,583.96
Library Department
3,998. 33
Water Department
6,592.19
Highway Department
8,890. 39
Police Department
14, 550. 92
Fire Department -
(Including Fire Alarm)
14,775. 66
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ARTICLE 2.
Under Article 2 Mr. Garber presented the following Progress Report of the Monatiquot School Building Committee.
Following appropriation of the necessary funds by the October, 1961, Special Town Meeting, subsequent confirma- tion of previously granted tentative approval by the Massachu- setts School Building Assistance Commission and Emergency Finance Board, and investigation of the two lowest bidders, a contract for alterations and an Addition to the Monatiquot School Annex was awarded to the low bidder, C. V. Bianchi & Sons, on November 9, 1961.
Work was started promptly and underground concrete completed before severe freezing weather. Work has pro- gressed satisfactorily during the winter and is on schedule. Nothing foreseeable should prevent completion by school open- ing this year.
Costs are in line with the estimates of our Initial Report.
As explained in our Initial Report, accepted by the October, 1961, Special. Town Meeting, demolition of the Old Building was not to be done until erection of the new Addition. Funds for the demolition were not requested at that time but were to be requested at the 1962 Annual Town Meeting.
As the Old Building is no longer in use because of failure of one of the old boilers, demolition and resurfacing of the site for a play area is planned this summer in time for school opening this fall.
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