USA > Massachusetts > Plymouth County > Plymouth > Town annual report of Plymouth, MA 1961 > Part 5
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The Committee recommends favorable action.
Mr. Charles Henderson moved that the Town adopt as a by-law the following: "No person shall permit or allow a motor vehicle to obstruct the removal of snow on any way within the Town after having been notified by the Selectmen or their agent, the Superintendent of Streets, to remove the same and upon failure of said person to remove said vehicle, or in the absence of knowledge of the Superintendent of Streets as to the ownership of said vehicle, said vehicle may be removed, without said notice and in either event, said vehicle shall be removed at the expenses of the owner or operator thereof."
Mr. Francis Shea moved to amend by substituting the following: That the Town adopt the following by-law: "No person shall permit or allow a motor vehicle to obstruct the removal of snow on any way within the Town after having been notified by the Selectmen or their authorized agents to remove the same and upon failure of said person to remove said vehicle, or in the absence of knowledge of the Selectmen or their authorized agents as to the ownership of said vehicle, said vehicle may be removed without said notice and in either event, said vehicle shall be removed at the expense of the owner or operator thereof." and it was so voted.
Article 70. To see what action the Town will take rela- tive to the sale of the southwesterly portion of Lot No. 72B as shown on Plat 20 of the Assessors' Plan, containing 455 square feet, more or less, and included in land recently ac- quired for off-street parking purposes on Middle Street.
(By Petition)
Recommendation will be made at Town Meeting.
The Planning Board has no recommendation.
Voted: That the Town take no action under Article 70.
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Article 71. Will the Town amend the Plumbing By-laws as adopted March, 1956 under Article 111 by revising para- graph (b) under "Administration" so that it will read "(b). Any fees for plumbing permits shall be fixed by the Admin- istrative Authority on or before May first in each year, but the minimum fee shall be Four Dollars ($4.00) per permit. Any fee schedule so fixed shall be published in the first issue of a newspaper published in the Town following said date." (By Petition)
The Committee recommends no action.
See recommendation under Article 38.
Mr. Charles Henderson moved that the Town take no action under Article 71, but refer the question to the Com- mittee appointed under Article 38.
Mr. Howard Barnes moved to substitute Mr. Henderson's motion by the following: That the Town amend the Plumbing By-Laws as adopted March, 1956 under Article 111 by re- vising paragraph (b) under "Administration" so that it will read "(b). Any fees for plumbing permits shall be fixed by the Administrative Authority on or before May first in each year, but the minimum fee shall be Four Dollars ($4.00) per permit. Any fee schedule so fixed shall be published in the first issue of a newspaper published in the Town following said date," but the motion to amend was lost.
The original motion was put before the Meeting and carried.
Mr. Robert B. Bowler moved that Articles 72, 74-77 and 79-87 be taken up together but the motion, was lost.
Article 72. Will the Town amend the By-Law adopted under Article 68 on March 23, 1940 so that it will read as follows: "All Town Officers shall pay into the Town Treas- ury, all fees received by them by virtue of their office and fees as agent for the County and for the Commonwealth in issuing any licenses, same to be effective, April 1, 1962."
(By Petition)
The Committee makes no recommendation, as this is a matter of legal opinion.
Mr. Charles Henderson moved that the Town take no action under Article 72.
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Mr. Howard Barnes moved to amend the motion of Mr. Henderson by the following: That the Town amend the By- Law adopted under Article 68 on March 23, 1940 so that it will read as follows: "All Town Officers shall pay into the Town Treasury, all fees received by them by virtue of their office and fees as agent for the County and for the Common- wealth in issuing any licenses, same to be effective, April 1, 1962," but the motion to amend was lost.
The original motion was put before the Meeting and carried.
Article 73. Will the Town amend the Building Code as adopted March 1956 under Article 110 by adding a new para- graph (h) under Section 19 "Permits" as follows: "(h). Any fees for building permits issued under this code shall be fixed on or before May first in each year by the Inspector of Build- ings and as approved by the Commission of Public Safety, but the minimum fee shall be Five Dollars ($5.00) per permit. The schedule of fees shall be published within 10 days in a newspaper published in the Town." (By Petition)
The Committee recommends no action.
See recommendation under Article 38.
Mr. Charles Henderson moved that the Town take no action under Article 73, but refer the question to the Com- mittee appointed under Article 38.
Mr. Howard Barnes moved to amend the motion of Mr. Henderson by the following: That the Town amend the Build- ing Code as adopted March 1956 under Article 110 by adding a new paragraph (h) under Section 19 "Permits" as follows: (h). Any fees for building permits issued under this code shall be fixed on or before May first in each year by the In- spector of Buildings and as approved by the Commission of Public Safety, but the minimum fee shall be Five Dollars ($5.00) per permit. The schedule of fees shall be published within 10 days in a newspaper published in the Town." but voting by a show of hands, 45 in the affirmative, 79 in the negative, the motion to amend was lost.
The original motion was put before the Meeting and carried.
Mr. Edward Chase moved to take up Articles 91 and 92 at this time and it was so voted.
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Article 91. To see what amount the Town will vote to transfer from available funds to reduce the tax levy of the current year.
Voted: That the Town authorize and direct the Assessors to take $125,000 from available funds to reduce the tax levy of the current year.
Article 92. To see what amount the Town will vote to transfer from available funds for the Stabilization Fund as authorized by the provisions of Chapter 124 of the Acts of 1945.
The Committee recommends the transfer of $75,000, from available funds to the Stabilization Fund.
Voted: That the Town transfer from available funds the sum of $75,000 for the Stabilization Fund, as authorized by the provisions of Chapter 124 of the Acts of 1945 and recom- mended by the Advisory and Finance Committee.
Article 74. To see if the Town will adopt as a By-law the following: "A motion to reconsider any vote shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion at the session of the meeting prior to the session at which the motion to reconsider is made." (By Petition)
The Committee recommends favorable action.
Mr. Charles Henderson moved that the Town adopt as a By-Law the following: "A motion to reconsider any vote shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion at the session of the meeting prior to the session at which the motion to reconsider is made."
Mr. William Barrett moved to substitute the following motion: That the Town take up collectively, Articles 74 through 87, and it was so voted by a show of hands, 65 in the affirmative and 57 in the negative.
Mr. Hugh R. Maraghy made the motion to reconsider Article 74, and it was so voted by a rising vote, 66 in the affirmative and 57 in the negative.
It was moved that a ballot vote be taken on Mr. Barrett's motion, and the Moderator asked for a rising vote to approve the ballot vote, and the rising vote carried, 73 in the affirma- tive and 47 in the negative.
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The ballot vote on Mr. Barrett's motion carried by the following: 69 in the affirmative, 60 in the negative.
Mr. Francis Shea moved to eliminate Article 78 from Mr. Barrett's motion, and it was so voted.
Mr. Barrett then moved that the subject matter in Ar- ticles 74 through 87, with the exception of Article 78, be turned over to the Committee to be appointed under Article 68 for study, and it was so voted.
Article 75. To see if the Town will adopt as a By-law on Committees the following: "A. When a vote of the Town meeting requires that a Committee be formed, the committee members shall be appointed within thirty (30) days after the Town Meeting if not already elected by the meeting, and shall by said date be notified in writing by the Town Clerk of the business upon which they are to act and the duties they are to perform. A temporary chairman shall be appointed by the Moderator. It shall be the duty of the temporary chair- man to call the members for organization within thirty (30) days of notification of their appointment. If the temporary chairman fails to call the organizational meeting within the prescribed time, it shall be the duty of the Moderator to call such meeting. B. At every annual Town Meeting the Moder- ator shall call upon each committee for its report. Each com- mittee shall make a temporary or partial report either orally or in writing at every annual Town Meeting until the task with which it has been charged has been completed and a final report made. If no report is made, the committee shall be deemed discharged and the Moderator shall appoint a new committee, said committee to be organized in the same way as all committees voted by the Town Meeting. C. Any com- mittee having completed its task and having inserted an article or articles in the warrant shall prepare a final report to be filed with the Town Clerk in sufficient time to be printed and mailed to all Town Meeting members no later than fourteen (14) days prior to the Town Meeting. Copies shall also be available at the Town Clerk's Office."
(By Petition)
The Committee recommends favorable action.
Article 76. To see if the Town will adopt as a By-law the following: "A ten-minute recess shall be called within every two-hour period of a session." (By Petition)
The Committee recommends favorable action,
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Article 77. To see if the Town will adopt as a By-law the following: "Articles in the warrant shall be acted upon in the order in which they appear unless the meeting shall vote otherwise." (By Petition)
The Committee recommends favorable action.
Article 79. To see if the Town will adopt as a By-law the following: "After the final adjournment of every Town Meeting, a complete attendance record shall be posted on the public notice bulletin board at the Town Office Building." (By Petition)
The Committee recommends favorable action.
Article 80. To see if the Town will adopt as a By-law the following: "The time for submitting articles to be includ- ed in the warrant for any annual Town Meeting shall be closed and the warrant for such meeting shall be drawn up by the Selectmen on the third Wednesday of January, and they shall forthwith transmit the original of such warrant to the Town Clerk for publication and notice." (By Petition)
The Committee recommends favorable action, provided the article is amended to "Second Wednesday of January."
Article 81. To see if the Town will adopt as a By-law the following: "All motions shall be in writing unless other- wise directed by the Moderator." (By Petition)
The Committee recommends favorable action.
Article 82. To see if the Town will adopt as a By-law the following: "Any person employed as an attorney to speak on any matter under discussion at Town Meeting shall declare fact of employment before speaking." (By Petition)
The Committee recommends favorable action, provided the article is amended to delete "as an attorney."
Article 83. To see if the Town will adopt as a By-law the following: "Any article appearing on the warrant by petition shall have appended thereto the name of the first person signing said petition and the words 'et al'."
(By Petition)
The Committee recommends no action.
Article 84. To see if the Town will adopt as a By-law the following: "A copy of the Acts and By-laws pertaining to Representative Town Meeting and adopted by the Town
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of Plymouth shall be mailed by the Town Clerk to every newly elected town meeting member with the notice of his election." (By Petition)
The Committee recommends favorable action.
Article 85. To see if the Town will adopt as a By-law the following: "The annual meeting for the election of offi- cers shall be held on the first Saturday of March. All business of the annual Town Meeting other than the election of town officers and the determination of such matters as are by law placed on the ballot shall be deferred to an adjournment to be held on the fourth Saturday of March." (By Petition)
The Committee recommends no action.
Article 86. To see if the Town will adopt as a By-law the following: "If seven (7) town meeting members so re- quest, any motion which is divisible shall be divided and the question shall be put separately upon each part thereof." (By Petition)
The Committee recommends favorable action.
Article 87. To see if the Town will adopt as a By-law the following: "Notice of the time and place at which any adjourned session of a Town Meeting is to be held shall be posted on the public notice bulletin board at the Town Office Building by 9:30 a.m. of the day of the adjourned meeting." (By Petition)
The Committee recommends favorable action.
Article 78. To see if the Town wishes to have the num- ber of town meeting members in each precinct adjusted to comply with the formula stated in Section 3 of the Act estab- lishing in the Town of Plymouth Representative Town Gov- ernment by Limited Town Meetings. (By Petition)
The Committee recommends no action.
Mr. Charles Henderson moved that the Town take no action under Article 78.
Mrs. Margaret Williamson moved to amend the motion of Mr. Henderson by substituting the following: That the Town take measures to have the number of town meeting members in each precinct adjusted to comply with the for- mula stated in Section 3 of the Act Establishing in the Town of Plymouth Representative Town Government by Limited Town Meeting, and it was so voted.
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Article 88. To see if the Town will vote to sell to Reli- able Fish Company, Inc., a lot of land located off the easterly side of Water Street and being known as Lot 12 on the Town Wharf Lot Plan, so-called. (By Petition)
The Committee recommends no action.
The Planning Board does not recommend.
Voted: That the Town take no action under Article 88.
Article 89. To see if the Town will vote to sell to The Lobster Mart, Inc., a lot of land located off the easterly side of Water Street and being known as Lot 10 on the Town Wharf Lot Plan, so-called. (By Petition)
The Committee recommends no action.
The Planning Board does not recommend.
Voted: That the Town take no action under Article 89.
Article 90. To see if the Town will vote to sell to George H. Sampson, a lot of land located off the easterly side of Water Street and being known as Lot 7 on the Town Wharf Lot Plan, so-called. (By Petition)
TheCommittee recommends no action.
The Planning Board does not recommend.
Voted: That the Town take no action under Article 90.
Mr. Hugh Maraghy moved, and it was so voted, to ad- journ at 11:00 p.m.
Total Appropriations $3,562,843.18
Less Art. 7 Parking Meter Receipts $6,000.00 7 Parking Meter Receipts 7,175.00
16 Mem. Bldg. Parking Lot 1,200.00
28 Cemetery Lots and Graves 1,000.00
64 Cash for Waterfront Protection 20,000.00
Less Art. 17, 91 and 92-
Excess and Deficiency 269,000.00
$3,258,468.18
M. HERBERT CRAIG, Town Clerk.
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TOWN OF PLYMOUTH, MASSACHUSETTS
PLANNING BOARD Zoning By-Law Adopted under Article 12
SECTION I. PURPOSE
To promote the health, safety, convenience and welfare of the Town, in accordance with Chapter 40A 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.
SECTION II. ESTABLISHMENT OF DISTRICTS
II-A. Types of Districts. For purposes of this By-Law, the Town of Plymouth is hereby divided into the following types of use districts:
Residential R-40 Residential R-20
Residential R-15 Residential R-10 Neighborhood Business Commercial Original Commercial Industrial
II B. Location of Districts. Said districts are located and bounded as shown on two maps entitled "Town of Plymouth, Massachusetts, Zon- ing Map No. 1, Jan. 16, 1961" and "Town of Plymouth, Massachusetts, Zoning Map No. 2, Jan. 16, 1961" and on file in the office of the Town Clerk. The Zoning Maps, with all explanatory matter therein, are hereby made a part of this By-Law.
SECTION III. USE REGULATIONS
No building or structure shall be constructed, and no building, structure or land, or part thereof shall be used for any purpose or in any manner other than for one or more of the uses hereinafter set forth as permitted in the district in which such building, structure or land is located, or set forth as permissible by special permit in said district and so authorized.
III-A. Residential R-40 and R-20 Districts.
1. Permitted uses:
a. Detached one-family dwelling.
b. Religious, educational, or municipal use, except cemetery.
c. Display and sale of natural products raised on the premises.
d. Display of a sign pertaining to a permitted use, with an area of not more than two square feet.
e. Accessory uses customarily incidental to a permitted main use on the same premises.
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2. Uses which may be permitted by the Board of Appeals in ac- cordance with Section VII B-2 of this By-Law:
a. Renting of rooms or furnishing of board for not more than four persons in a dwelling whose primary use is a single family residence.
b. Conversion of a single family dwelling for occupancy by not more than two families provided that the exterior design of the structure is not substantially changed from the character of a single family dwelling.
c. Use of a room or rooms in a dwelling for customary home oc- cupations, such as dressmaking, millinery, or the work of any member of a recognized profession.
d. Golf course.
e. Private club, except those whose chief activity is customarily carried on as a business.
f. Structures for public utility corporations, not including repair stations or outside storage of supplies.
g. Boat livery, yacht basin, or launching facilities.
h. Display of a sign with a total area in excess of two square feet.
i. 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 the neigh- borhood.
III B. Residential R-15 District.
1. Permitted uses:
a. Detached one-family dwelling.
b. Religious, educational or municipal use, except cemetery.
c. Display and sale of natural products raised on the premises.
d. Display of a sign pertaining to a permitted use with a total area of not more than two square feet.
e. Accessory uses customarily incidental to a permitted main use on the same premises.
f. Detached two-family dwelling.
g. Renting of rooms or furnishing of board for not more than four persons by each family resident in a dwelling whose primary use is a residence for one or two families.
h. Use of a room or rooms in a dwelling for customary home oc- cupations such as dressmaking, millinery, or work of a member of any recognized profession.
2. Uses which may be permitted by the Board of Appeals in accord- ance with Section VII B-2 of this By-Law:
a. Golf course.
b. Private club, except those whose chief activity is customarily carried on as a business.
c. Structures for public utility corporations, not including repair stations or outside storage of supplies.
d. Boat livery, yacht basin, or launching facilities.
e. Display of a sign with a total area in excess of two square feet. f. Multi-family dwelling.
g. Hotel, motel, hotel dining-room, motel dining-room.
h. Boys' summer camp, girls' summer camp, subject to special regulations of the Commission of Public Safety.
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i. Any additional use after determination by the Board of Ap- peals that the proposed use is similar to one or more of the uses specifically authorized and not more detrimental to the neighborhood.
III-C. Residential R 10 District.
1. Permitted uses:
a. Detached one-family dwelling.
b. Religious, educational or municipal use, except cemetery.
c. Display and sale of natural products raised on the premises.
d. Detached two-family dwelling.
e. Renting of rooms or furnishing of board for not more than four persons by each family resident in a dwelling whose primary use is a residence for one or two families.
f. Accessory use on the same lot with and customarily incident to any of the above permitted uses. In Residential R-10 Dis- trict, the term "accessory use" shall include:
1. Use of a room or rooms in dwelling for customary home oc- cupations, such as dressmaking, millinery, arts and crafts, or 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, upholsterer or machinist, pro- vided that no 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.
2. Uses which may be permitted by the Board of Appeals in accord- ance with Section VII B-2 of this By-Law:
a. Golf course.
b. Private club, except those whose chief activity is customarily carried on as a business.
c. Structures for public utility corporations, not including re- pair stations or outside storage of supplies.
d. Boat livery, yacht basin, or launching facilities.
e. Multi-family dwelling.
f. Hotel, motel, hotel dining-room, motel dining-room, cabins.
g. Renting of rooms or furnishing of board for more than four persons.
h. Sale of antiques.
i. Cranberry bogs, general farm including dairy farm, truck gar- den or nursery.
j. Hospital, convalescent home, funeral home, professional office building.
k. Roadside stand.
1. Restaurant of character not inconsistent with the neighborhood.
m. Greenhouse or ice storage.
n. Indoor place of amusement, including theatre and bowling alley.
o. Boys' summer camp, girls' summer camp, subject to special regulations of the Commission of Public Safety.
p. Farms.
q. Riding stable.
r. Aviation field.
s. Cemetery.
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t. Dog kennels and animal hospitals.
u. Gravel, loam, sand or stone removal carried on as a business.
v. Tourist camps, tent camping ground, and trailer camps, sub- ject to special regulations of the Commission of Public Safety. w. Drive-in theatre.
x. 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 neigh- borhood.
III-D. Neighborhood Business District.
1. Permitted uses:
a. Any use permitted or which may be permitted in Residential Districts R-40, R-20, R-15 or R-10, except: dog kennels and ani- mal hospitals, gravel, loam, sand or stone removal carried on as a business, tourist camps, tent camping ground, trailer camps, and drive-in theatres.
b. Office or bank.
c. Restaurant.
d. Automobile service stations.
e. Commercial parking lot for passenger vehicles.
f. Antique shop, arts and crafts shop, baker, barber, clothes clean- er or presser, cobbler, confectioner, decorator, dressmaker, florist, hairdresser, milliner, newsdealer, package store, photog- rapher, tailor, telephone exchange, upholsterer, or retail store for the sale of clothing, drugs, food, hardware, household ap- pliances, jewelry, paint, shoes or sporting goods.
2. Uses which may be permitted by the Board of Appeals in accord- ance with Section VII B-2 of this By-Law:
a. Automobile repair shop, storage garage or salesroom.
b. Retail business or service not permitted by Section III D-1 of this By-Law.
III-E. Commercial District.
1. Permitted uses:
a. Any use permitted or which may be permitted in any Resi- dential District or in a Neighborhood Business District, except trailer camps.
b. Any wholesale or retail business, service or public utility not involving manufacture on the premises except of products the major portion of which are sold on the premises by the pro- ducer to the consumer.
2. Uses which may be permitted by the Board of Appeals in accord- ance with Section VII B-2 of this By-Law:
a. Any manufacturing or industrial use, including processing, fabri- cation and assembly, provided that no such use shall be per- mitted which would be detrimental, injurious, noxious, or offen- sive or tend to reduce property values in the same or adjoining districts.
b. Trailer camps subject to special regulations of the Commission of Public Safety.
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