USA > Massachusetts > Plymouth County > Plymouth > Town annual report of Plymouth, MA 1951 > Part 5
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Article 57. To see if the Town will appropriate the sum of Four Thousand Dollars ($4,000) to hard surface the road at Morton Park from Billington Street, to connect with the existing hard-surfaced road. Work to be done by and under the supervision of the Highway Department; said appropria- tion to be expended under the direction of the Park Com- missioners.
The Committee recommends no action.
Article 58. To see if the Town will appropriate the sum of Six Hundred and Sixty Dollars ($660) to erect a four hundred foot chain link fence at the Nelson Street Play- ground.
The Committee recommends no action.
Article 59. To see if the Town will appropriate the sum of One Thousand Dollars ($1,000) to clean Town Brook at Brewster Garden and Spooner Park; said appropriation to be expended under the direction of the Park Commissioners.
The Committee recommends an appropriation of $1,000.
Article 60. To see if the Town will authorize the Water Commissioners to make an exploration for a new ground water supply and construct an 8" test well and make an appropriation therefor.
The Committee recommends an appropriation of $3,000 from Excess and Deficiency.
Article 61. To see if the Town will authorize the Water Commissioners to purchase a new pick-up truck and dispose of one now in service and make an appropriation therefor.
The Committee recommends an appropriation of $1,200 from Excess and Deficiency.
Article 62. To see if the Town will authorize the Water Commissioners to lay and maintain a water main in Rocky Hill Road together with fire hydrants, services and other appurtenances as necessary and appropriate the sum of
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Twelve Thousand, One Hundred and Fifty Dollars ($12,150) therefor.
The Committee recommends no action.
Article 63. To see if the Town will authorize the Board of Selectmen, at its discretion, to sell at public auction the building and the land known as the Jabez Corner School house and lot.
The Committee recommends that this matter be referred to the Planning Board for further study.
Article 64. To see if the Town will vote to authorize the Board of Selectmen, at its discretion, to sell at public auction, the building and the land known as the Cold Spring School house and lot; such transfer not to take place before June 30, 1951.
The Committee recommends authorization to sell at public auction after June 30, 1951.
Planning Board approves.
Article 65. To see if the Town will vote to authorize the Board of Selectmen to execute releases of all demands concerning the takings by the Commonwealth of Massachu- setts of the following parcels of land of the April 10, 1950 lay-out: Parcels Nos. 15 and 21, Parcels Nos. 12-T and 16-T. (Plymouth By-Pass)
The Committee recommends favorable action.
Article 66. To see if the Town will vote to accept Chapter 783 of the Acts of 1950 making applicable increases in retirement allowance to those persons receiving a mini- mum allowance after January 1, 1946.
The Committee recommends favorable action.
Article 67. To see if the Town will vote to accept Chapter 820 of the Acts of 1950, an Act providing for an increase in the annual amount of certain pensions, retirement allowance, annuities and other benefits payable by the Com- monwealth and its political sub-divisions to certain former employees and persons claiming under them.
The Committee recommends acceptance of Chapter 820 of the Acts of 1950 and an appropriation of $225 for increased pensions, to be allocated as follows:
Fire Dept., Salaries $75.00
Sealer W. & M., Salaries 75.00
Pensions for Town Laborers 75.00
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Article 68. To see if the Town will authorize the Moderator to appoint a committee of five to investigate and study the provisions of Chapter 662 of the Acts of 1949 which is an act to authorize the organization of Union Health Departments and to report its findings to the next annual Town Meeting; said committee not to include any member of the Board of Health of the Town of Plymouth.
(By Request)
The Committee recommends favorable action.
Article 69. To see if the Town will appropriate the sum of Twenty-four Hundred Dollars ($2,400) for the purchase of an automobile for the use of the Assessors' Department. (By Request)
The Committee recommends no action.
Article 70. To see what action the Town will take relative to the report and recommendations of the committee authorized by vote passed at the annual town meeting of March 25, 1950 under Article 96, to study Representative Town Government. (By Request)
The Committee makes no recommendation under this article.
Article 71. To see if the Town will vote to raise and appropriate the sum of Seven Hundred and Fifty Dollars ($750) for the purpose of maintaining during the ensuing year, the mosquito control works as estimated and certified to by the State Reclamation Board in accordance with the provisions of Chapter 112, Acts of 1931.
The Committee recommends an appropriation of $750.
Article 72. To see if the Town will vote to raise and appropriate or transfer from Parking Meter Receipts, the sum of Two Hundred and Eighty-five Dollars ($285) for the purchase of repair parts for meters and coin wrappers, etc., for use in conjunction with parking meter collections.
The Committee recommends an appropriation of $285 from Parking Meter Receipts, $185 for care of the meters by the Police Dept. and $100 for wrappers and supplies for the Treasury Dept.
Article 73. To see if the Town will accept and allow as a town way from the end of Westerly Route as laid out in 1928, southeasterly about 200 feet to Billington Street, and
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make an appropriation for land and property damages and expenses for acquiring titles.
The Committee recommends the acceptance of this street with an appropriation of $100 for land and property dam- ages and expenses of acquiring titles. Planning Board approves.
Article 74. To see if the Town will accept and allow as a town way, Cochituate Road in the Priscilla Beach section of Plymouth about 1200 feet long leading northeasterly from Rocky Hill Road to John Alden Road as laid out by the Selectmen and reported to the Town, and make an appro- priation for land and property damages and expenses for acquiring titles.
The Committee recommends the acceptance of this street with an appropriation of $100 for land and property dam- ages and expenses of acquiring titles.
Planning Board approves.
Article 75. To see if the Town will vote to raise and appropriate from available funds a sum not exceeding Five Thousand Dollars ($5,000) for advertising the advantages of the Town and for providing amusements or entertainments of a public character; the money so appropriated shall be expended under the direction of the Board of Selectmen.
The Committee recommends an appropriation of $5,000 for advertising the advantages of the town, as permitted by enabling legislation passed in 1950, provided the sum of $500 shall previously have been contributed by donation and paid into the town treasury to be expended for the aforesaid purpose.
Article 76. To see what action the Town will take with reference to re-conveying to Mary C. Welsh, for no consid- eration, a parcel of land on the northerly side of Alden Street.
The Committee recommends favorable action.
Planning Board approves.
Article 77. To see if the Town will approve the appoint- ment by the Moderator of a committee of three members to make a survey and study the feasibility of constructing and maintaining a fire station in that part of Town known as Manomet and that the committee report its recommendations at the next town meeting and that the Town appropriate the sum of Three Hundred Dollars ($300) to defray the expenses of said committee.
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The Committee recommends the appointment by the moderator of a committee of three, to work in conjunction with the Planning Board, and an appropriation of $100 for expenses of said committee.
Article 78. To see if the Town will authorize the Treas- urer to set aside Five Thousand Dollars ($5,000) each year to establish a fund not to exceed Fifty Thousand Dollars ($50,000) for the purpose of replacing worn-out and obsolete fire apparatus, when so voted by the Town.
The Committee recommends no action, as there is no pro- vision in the statutes allowing the establishment of such a fund.
Article 79. To see if the Town will vote to authorize the Board of Public Welfare to dispose of the automobile now in service and to raise and appropriate or transfer from available funds the necessary amount for the purchase of a new automobile to be used for the Board of Public Welfare. (By Request)
The Committee recommends no action.
Article 80. To see if the Town will appropriate a sum of Fifteen Thousand Dollars ($15,000) for the purpose of continuing the Survey and Assessors' Plans; money to be expended under the direction of the Assessors.
(By Request)
The Committee recommends an appropriation of $15,000, to be expended under the direction of the Assessors, with the approval of the Planning Board.
Article 81. To see if the Town will appropriate a sum of money, not to exceed Seven Hundred and Twenty-five Dollars ($725) for a 5 H. P. electric siren, remote control, for the Manomet section, to be used for the fire alarm.
(Fire Department)
The Committee recommends that action under this article be deferred until a report from the special committee recommended under Article 77 has been received.
Article 82. To see if the Town will appropriate a sum of money not to exceed Eight Hundred and Fifty Dollars ($850) for the purchase of a main station radio, complete with new antenna. (Fire Department)
The Committee recommends no action.
Article 83. To see if the Town will appropriate a sum
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of money, not to exceed Seventeen Hundred and Seventy- five Dollars ($1,775) for the purchase of 500 feet of 21/2" hose, 1,000 feet of 11/2" hose for the Fire Department.
The Committee recommends an appropriation of $1,775 from Excess and Deficiency
Article 84. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of Four Hundred and Seventy-eight Dollars ($478) for the purchase of an automobile for the Fire Department, and to dispose of one in service.
The Committee recommends an appropriation of $478 from Excess and Deficiency.
Article 85. To see if the Town will vote to authorize the Board of Selectmen to dispose of 1936 Ford truck which has been taken out of service, and has been replaced by Engine #1 from Central Station. (Fire Department)
The Committee recommends favorable action.
Article 86. To see what action the Town will take relative to the purchase of signs and life preservers for White Horse Beach, Priscilla Beach and Point Beach, and make an appropriation therefor.
The Committee recommends an appropriation of $150, to be expended under the direction of the Board of Selectmen.
Article 87. To see if the Town will vote to appropriate from money in the Treasury, not otherwise appropriated, the sum of Seventy Thousand Dollars ($70,000) to reduce the tax rate of the current year.
The Committee recommends no action.
Article 88. To see if the Town will vote to raise and appropriate a sum or sums of money to enable the Town to reduce the active working hours of the members of the Police Department to forty (40) hours a week, pass any vote or take any action relative thereto. (By Petition)
The Committee recommends no action.
Article 89. To see if the Town will vote to sell to Gordon L. Howland the land now leased by him on the Plymouth Town Wharf property for the sum of $10,000. These are lot Nos. 5, 6 and 11 only. (By Petition)
The Committee recommends no action.
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Article 90. To see what action the Town will take in regards to improvements and added facilities at Veterans' Field, so-called, and make an appropriation therefor. (By Petition)
The Committee recommends an appropriation of $200 for painting grandstand and other improvements at Veterans' Field, to be expended under the direction of the Park Com- missioners, and the appointment by the moderator of a committee of five to study the present playground facilities and make recommendations to the Town with regard to future improvements at all playgrounds.
Article 91. To see what action the Town will take on off the street parking, and make an appropriation therefor.
(By Petition)
The Committee recommends that a committee of five be appointed by the moderator, to work in conjunction with the Planning Board, with an appropriation of $500 for expenses of said committee.
Article 92. To see what action the Town will take relative to hard surfacing the Billington Sea Road beginning with and including the portion of the Micajah's Pond Road that joins Billington Sea Road with Federal Furnace Road to the Watercourse Road, and make an appropriation there- for. (By Petition)
The Committee recommends no action.
Article 93. To see if the Town will vote that the Board of Water Commissioners shall charge for annual use, identi- cal rates and prices for the same amount of water wherever service is maintained regardless of geographical location within the Town. (By Petition)
The Committee recommends no action.
Article 94. To see what action the Town will take in reference to the issuance and publication of the annual town report and make an appropriation therefor. (By Petition)
The Committee recommends that the report of the Special Committee be accepted and referred to the Selectmen for their consideration.
Article 95. To see if the Town will appropriate the sum of Fifteen Hundred Dollars ($1,500) to be spent in conjunc- tion with sums to be provided by the Commonwealth of Massachusetts or County of Plymouth, or both, for the con- struction of groins or jetties or other waterfront protection
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along the shore at Ellisville between Ellisville Harbor and Lookout Point, and to assume liability as provided by Section 29 of Chapter 91 of the General Laws. (By Petition)
The Committee recommends an appropriation of $1,500 from Excess and Deficiency.
Article 96. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of Six Thousand Dollars ($6,000) for one and one-tenths mile of mixed-in-place surface for College Pond Road.
The Committee recommends no action. (By Petition)
Article 97. To see if the Town will vote to accept the provisions of Section 128 of Chapter 111 of the General Laws, as amended, providing for the adoption of public health regulations.
The Committee recommends no action.
ZONING BY-LAWS
PREAMBLE
To promote the health, safety, convenience and wel- fare of the Town, in accordance with Chapter 40 of the General Laws, the Town of Plymouth is hereby divided into Districts, each of which shall be subject to special regulations herein provided as to the location, size, and use of buildings and structures and the use of premises therein.
I. Continuation of Non - Conforming Uses
Any lawful building or structure or use of a building, structure or premises existing at the time this By-Law is adopted may be continued, and, if such building or structure is destroyed or damaged by fire or other cause, it may be restored, even if such building, structure or use does not conform to the regulations of this By-Law.
II. Change and Enlargement of Non - Conforming Uses
The Board of Appeals may permit the extension of a non-conforming building or structure throughout the
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premises, the enlargement of a non-conforming use, and the change of any non-conforming use to a specified new use, provided such extension, enlargement or change is not more detrimental or objectionable to the neighbor- hood and the Town.
III. Districts Established
For the purpose of this By-Law the Town of Plym- outh is divided into two types of Districts, designated as:
(a) Residence Districts.
(b) Commercial Districts.
Said districts are located as shown on the "Town of Plymouth, Massachusetts, Zoning Map," dated February 1, 1951, and filed with the Town Clerk.
IV. Residence Districts
For the purpose of this protective By-Law the follow- ing uses of buildings, structures and land are permit- ted anywhere in the Town:
(a) Residence for one or more families and apartments.
(b) Religious, educational or municipal use.
(c) Cranberry bogs, general farm, including dairy farm, truck garden or nursery.
(d) Accessory use on the same lot with and custom- arily incident to any of the above permitted uses. The term "accessory use" shall include:
1. Use of a room or rooms in a dwelling for customary home occupations, such as dressmaking, millinery, let- ting of rooms, taking of boarders, sale of antiques, or for the work of any member of a recognized profession.
2. Use of premises or building thereon in connection with trades, such as that of resident builder, carpenter, electrician, mason, painter, plumber, tinsmith, upholster- er or machinist, provided that no manufacturing or other
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business requiring substantially continuous employment be carried on therein.
3. Display and sale of natural products raised on the premises.
4. Display of not more than two signs pertaining to a permitted use with a total area of not more than twelve square feet.
(e) Any of the following additional uses, provided it is not injurious, noxious or offensive to the neighborhood and only if authorized by the Board of Appeals subject to appropriate conditions where such are deemed necessary to protect the neighborhood and Town:
1. Aviation field, golf course, boat livery or riding stable.
2. Private club, except those whose chief activity is customarily carried on as a business.
3. Gravel, loam, sand or stone removal carried on as a business.
4. Hospital, sanitarium, convalescent home, funeral home, and philanthropic use.
5. Cemetery.
6. Roadside stand, tourist camps, trailer camps, cabins or hotel.
7. Restaurant, which provides adequate off-street park- ing area and of character not inconsistent with the neighborhood.
8. Greenhouse, ice storage, cinder mill or temporary saw mill.
9. Fur farm, poultry farm, dog kennel or piggery.
10. Telephone exchange, not including a service sta- tion or outside storage of supplies.
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11. Theater, bowling alley or other place of amuse- ment.
12. Any additional use after determination by the Board of Appeals that the proposed use is similar to one or more of the uses specifically authorized and not more detrimental to a neighborhood.
V. Commercial Districts
Any of the following uses are permitted anywhere in the Town with the exception of Residence Districts:
(a) Any wholesale or retail business, service or pub- lic utility not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer to the consumer.
(b) Any industry or manufacturing provided it is not injurious, noxious, or offensive to the neighborhood and only if authorized by the Board of Appeals subject to appropriate conditions and safeguards.
VI. Lot Regulations
(a) Lot Frontage and Area.
Any dwelling hereafter erected or placed in any dis- trict shall be located on a lot having a frontage of not less than 60 feet and an area of not less than 6000 square feet, provided that one dwelling may be erected on a lot having a lesser frontage or area where said lot exist- ed and was shown upon a plat or plan duly recorded with the Plymouth County Registry of Deeds at the time this By-Law is adopted.
(b) Front Set-Back.
Any building or structure, including roadside stands and accessory buildings, hereafter erected, altered or placed, shall extend not nearer to any street line than
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20 feet in the Residence Districts. On lots of less than 60 feet, existing and shown on a plan or plat duly recorded with the Plymouth County Registry of Deeds at the time this By-Law is adopted, no building may extend within 12 feet of the line of a side street. Where present build- ing on adjoining lots is less than 20 feet from any street line, new buildings may be placed as near the street line as the average of the buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as though occupied by a building set back 20 feet.
(c) Side and Rear Set-Backs.
In a Residence District no dwelling shall be built with- in 10 feet of the side or rear lot line and no other build- ing within 5 feet of such lines.
(d) Variances.
The provisions of Section VI may be varied by the Board of Appeals in the case of any lot or lots existing and shown on a plan or plat duly recorded with the Plymouth County Registry of Deeds at the time this By- Law is adopted.
VII. Administration
(a) Enforcement.
This By-Law shall be enforced by the Board of Se- lectmen.
(b) Board of Appeals.
There shall be a Board of Appeals of three members and two associate members appointed by the Selectmen, as provided in Chapter 40 of the General Laws, which shall act on all matters within its jurisdiction under this By-Law in the manner prescribed in said Chapter of the General Laws.
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(c) Validity.
The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision hereof.
PLYMOUTH ZONING BOARD
William S. Brewster, Chairman
Edward Chase Ralph L. Drew C. Edward Leary Neil McIntosh
James A. White
Walter H. Neaves
A. Linwood Ellis
Amedeo V. Sgarzi
Ellis W. Brewster
January 25, 1951.
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SPECIAL TOWN MEETING September 27, 1951
The meeting was called to order by the Town Clerk at 8:00 o'clock, P. M., who read the warrant.
Town Clerk's Record As Amended
Article one:
Article one was taken up. Nominations were in order and Mr. Amedeo V. Sgarzi was nominated for the office of Moderator. The polls were open for the casting of bal- lots for Moderator, and Mr. Sgarzi was declared elected by count of the ballots cast.
Mr. Sgarzi then proclaimed the necessary quorum of 400 present and proceeded with Article two.
Article two:
Voted: That the Town raise and appropriate or trans- fer from available funds the sum of $500 for repairs to the Memorial Building to be expended under the direc- tion of the Board of Selectmen.
Article three:
Voted: That the Town raise and appropriate or trans- fer from available funds the sum of five hundred dollars ($500), to be expended by the Planning Board to com- plete their studies with regard to the Old High School Building on Lincoln Street, as directed by vote of the Town.
Article four:
Mr. Robert M. Briggs moved: That the Town take no action under Article 4.
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Mr. James T. Frazier moved to amend the motion of Robert M. Briggs by substituting the following: That the Town raise and appropriate or transfer from avail- able funds including the Sale of Real Estate Fund the sum of five thousand dollars ($5,000), for the purpose of constructing a new office for the Highway Department with adequate heating and lighting equipment.
The motion to amend was put to the meeting and the vote taken by show of hands; 309 voting in the affirma- tive and 28 in the negative, the motion to amend was carried.
The original motion as amended was then put before the meeting and carried.
Article five:
Mr. Robert M. Briggs moved: That the sum of $290,000 be raised and appropriated for the purpose of construct- ing and originally equipping and furnishing a new ele- mentary school building, and for the purpose of acquir- ing by purchase or taking by eminent domain a parcel of land on which to locate said building, said land being the westerly portion of Lot No. 11, Plat No. 46 of the Asses- sors' Plans, on file in the Town House, and bounded and described as follows:
Beginning at the northeasterly corner of land of Allan S. Gillis in the westerly line of Manomet Point Road; thence westerly by land of said Gillis 630 feet more or less to a corner; thence northerly by land of Octavius H. Reamy and by land of Mary E. Flanders and Helen B. Parmenter 720 feet more or less to a corner marked by a drill-hole in a stone wall; thence S 72° 03' E by land of Everett Malaguti 291.01 feet to a drill-hole in stone wall; thence S 86° 46' E still by land of Everett Malaguti 189.57 feet to a drill-hole in stone wall; thence S 88° 11' E still by land of Everett Malaguti 119.42 feet to a corner; thence
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southerly by remaining land of Esther S. H. Pratt and Charles M. Pratt 500 feet more or less to an iron pipe; thence southeasterly still by remaining land of said Pratt 225 feet more or less to a point in the westerly line of Manomet Point Road; thence southerly by the westerly line of Manomet Point Road 220' more or less to the point of beginning, said parcel containing 10 acres more or less;
and that to meet the said appropriation the sum of $10,000 be appropriated from available funds in the treasury, and that the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of $280,000 under the authority of Chapter 44 of the General Laws and to issue bonds or notes of the Town therefor payable in accordance with the provisions of said Chapter 44, so that the whole loan shall be paid in not more than 20 years from the date of issue of the first bond or note.
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