USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1927 > Part 4
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Section 45. The floors of rooms containing stationary boilers shall be made of incombustible material for at least five feet in front, and for such distance on the sides and rear as may be re- quired by the Inspector of Buildings. Wooden floors under port- able boilers shall have close protection of incombustible material.
Section 46. The provisions of Articles 20 to 24 inclusive shall apply to buildings already erected, if found necessary and ordered after examination of the premises by the Inspector of Buildings.
Article 25 Ash Depositories
Section 47. All receptacles for ashes, waste, and other'sub- stances liable, by spontaneous combustion or otherwise, to cause a fire, shall be made of incombustible materials, satisfactory to the Inspector of Buildings.
Article 26 Electric Light Wiring
Section 48. All interior wiring must be made in accordance with the "National Electrical Code," of the National Board of Fire Underwriters.
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Article 27 Penalty for Violation
Section 49. Whoever violates any of the provisions of the preceding sections of this by-law shall be punished by a fine not; exceeding one hundred dollars for each offense.
Article 28
Fees
Section 50. The following fees will be charged on all build- ing permits issued by the Inspector of Buildings, for the erection and alteration of buildings within the limit of the Town of Wey- mouth :
First class buildings, Val. not exceeding $5,000 $5.00
Second class buildings, Val. not exceeding $4,000 $4.00
Third class buildings, Val. not exceeding $3,000 $2.00
Alterations of buildings and the erection of sheds, auto houses: and like small buildings, valuation not exceeding $1,000, $1.00.
An additional fee of $.50 per $1,000 valuation over the above table shall be charged. Provided, however, that the amount of any fee shall not exceed the sum of two hundred and fifty dollars.
Fees to accompany the application; to be refunded if permit: is not granted.
Art. 106. To see if the Town will vote that hereafter all con- stables shall be appointed by the Selectmen, or take any other ac -- tion in regard thereto.
Art. 107. To see if the Town will vote that all Town Officers- whose election is not required by law be appointed by the Select- men.
Art. 108. To see if the Town will vote to authorize its Select -- men to act as overseers of the poor.
Art. 109. To see if the Town will adopt the following- amendments to its by-laws, or take any other action in regard to- the same:
ARTICLE I
Change the numbering of the present Section 1 to Section 101 .. Change the numbering of the present Section 2 to Section 102.
Strike out the present Section 3 and insert in place thereof" the following:
Order of Articles in Warrant
Section 103. In the warrant for the annual town meeting all articles covering the annual department appropriations for the' ordinary current expenses of the town shall precede all other ar- ticles, and until the articles so given precedence have been disposed of, no other article shall be taken up except by a three fourths vote- of the meeting.
Strike out the present Section b.
Strike out the present Section 5 and insert in place thereof. the following:
Section 104. The rules of the Massachusetts House of Repre- sentatives shall to the extent to which they are applicable and
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except as otherwise provided by law or in these by-laws, constitute the rules and order for the general government of town meetings and the regulation of business therein. In any case not covered by law, by said rules, or by these by-laws the general principles of parliamentary law as contained in "Crocker's Principles of Pro- cedure in Deliberative Bodies" shall govern.
Change the numbering of the present Section 6 to Section 105. Strike out the present Sections 7 and 8 and insert in place thereof the following:
Rules of Debate
Section 106. Upon any of the motions named in Section 105 except a motion to amend or substitute ten minutes shall be al- lowed for debate by town meeting members only, and no member shall speak thereon more than three minutes
Section 107. On any other questions no person shall speak for more than ten minutes unless his time shall be enlarged by "vote of the meeting.
Change the numbering of the present Section 9 to Section 108. Change the numbering of the present Section 10 to Section 109. Strike out the present Section 11 and insert in place thereof the following:
Section 110. On proposed amendments involving sums of money or periods of time the largest sum and longest time shall be put to the question first, and an affirmative vote thereon shall be a negative vote on any smaller sum or shorter time.
Change the numbering of the present Section 12 to Section 111.
ARTICLE II
Strike out the present Section 1 and insert in place thereof the following:
Section 201. The head of each Town Department, and every Committee or Board appointed or elected shall on or before the 15th of January report in writing to the Selectmen on their doings during the preceding calendar year and their recommendations for action by the town. These reports shall be in form as the Selectmen shall prescribe and shall be permanently bound or other- wise preserved for reference under the direction of the Town Clerk. Unless some town meeting member objects at the beginning of the annual town meeting such reports shall be considered as ac -! cepted without formal vote.
Section 202. The Selectmen shall cause to be printed and distributed sucn reports as are by law required to be printed and the whole or extracts of such other reports as they consider of general public interest, and shall distribute said reports to all town meeting members, and to such other citizens as shall apply for the same.
Strike out the present Article III and insert in place thereof the following:
ARTICLE III BOARDS AND COMMITTEES
Appropriation Committee
Section 301. There shall be an Appropriation Committee, con- sisting of fifteen members appointed by the moderator. Five mem- bers of the Committee shall be appointed by the moderator each
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year within ten days after the annual Town Election to serve for three years and until their successors have been appointed. Neither the Town Clerk, Town Treasurer, Chief of Police, Chief of the Fire- Department, Superintendent of the Waterworks, or any members of the Board of Selectmen, Assessors, or School Committee shall be eligible to serve on said Committee. No member of said Com- mittee shall be eligible to serve more than two terms in succession ..
Duties of the Committee
Section 302. The Appropriation Committee shall consider the various articles relating to appropriations and all other articles : which commit the Town to the expenditure of money in the war- rants for all the Town Meetings held during the period for which they were appointed, including the various articles in the warrant. for the annual Town Meeting next after their appointment; and. they shall report in print before all such Town Meetings their estimates and recommendations for the action of the Town. In their report before each annual Town Meeting they shall include a statement of the aggregate amount recommended by them to be- appropriated for each of the different Town departments and their estimate of the tax rate for the ensuing year, based upon the ap- propriations so recommended, their estimate of the Town's income from other sources than taxes during the year and the tax va.ua- tion of the Town during the year last preceding.
Planning Board
Section 303. (Retain the present Article III, Section 4, as. amended, numbered as above).
Committees
Section 304. Except as otherwise provided by law, these by -- laws, on vote of the Town, the moderator shall appoint all Town Committees in open Town Meetings or by writing over his signa- ture filed with the Town Clerk. Unless the moderator shall des- ignate a chairman, each committee shall elect its own chairman ;. in the case of permanent committees whose membership is renewed in part each year, the Town Clerk shall, on his own initiative or at the request of a majority of the members of the committee, call: said committee together and designate some member of the Com- mittee to preside until a chairman is chosen. In the case of all: other committees, the member first named shall call the first meet- ing of the committee or direct the Town Clerk to do so, and shall' preside until a chairman is chosen.
Board of Selectmen
Section 305. The Board of Selectmen shall exercise a general supervision over all matters affecting the interests and welfare of" the Town. In addition to such other powers and duties as are conferred upon them by law, these By-Laws, custom or vote of" the Town, they shall have power to do any acts on behalf of the Town which are not by law, these By-Laws, or some vote of the- Town, delegated to some other board, committee or official, or re- served to the voters of the Town. They shall appoint all Town officers whose election by the voters or appointment by some- other Town board or official is not required by law or these By- Laws. They shall act as Overseers of the Poor, Board of Health, and Board of Survey. Except as otherwise provided by statute
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and subject to the provisions of any statute in that behalf, they shall determine what Town officers and employees shall give bonds, shall fix the form and amount of such bonds and deter- mine the sufficiency of the surety or sureties thereon. They shall have charge of all Town property which by law, custom or some vote of the Town is not placed in charge of some other board or officer and shall make regulations for the use of the same. They? shall have authority to sell any property, real or personal, be- longing to the Town for which the Town has no further use, and all property of which- the Town has possession, or title for non- payment of taxes or breach of condition of any deed, mortgage or other conveyance. All such sales shall be by public auction, un- less the fair value of the property does not in the judgment of the Selectmen exceed $100, in which case they may sell the said. property at public auction or private sale as they may deem for- the best interests of the Town. They shall control the Town" Office and shall regulate the use of the same by other Town. boards and officers; except as otherwise provided by law, or these- By-Laws, the chairman of the Board or some member of the Board: appointed by him, shall be ex-officio an advisory member of all? Town committees, but shall have no vote on any such committee. unless an actual member thereof. Unless otherwise directed by' law or some vote of the Town they or a majority of them shall execute all conveyances in behalf of the Town.
ARTICLE IV
Change the title to read:
Financial and Legal Matters
Change the numbering of the present Section 1 to Section 401. Change the numbering of the present Section 2 to Section 402. Strike out the present Section 3 and insert in place thereof the following:
Public Depositories
Section 403. The Selectmen shall designate one or more- reliable banking institutions as depositories of the funds and se- curities of the Town and may from time to time change such de- signation. Whenever they shall designate a depository or revoke or change a designation already made they shall enter the fact on their records.
Strike out the present Section 4 and add to said Chapter IV the following two new sections:
Town Counsel
Section 404. The Selectmen shall annually appoint the Town Counsel, who shall receive for his services such compensation as the Town may determine. He shall draw or supervise the draw- ing of or approve all contracts, deeds, bonds, and other legal instruments relating to the Town; shall prosecute and defend all suits to which the Town is a party; shall under the direction of the Selectmen represent the Town before any committee of the Legislature, Administrative Board, or other public official in any matter wherein the Town has an interest; shall furnish legal advice to Town officers, boards and committees pertaining to the discharge of their official duties. The Selectmen may in-
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struct him to prosecute any cases of violation of Town By-Laws or to defend any proceeding brought against any officer or em- ployee of the Town for acts done in the discharge of his official duties. In the discharge of his legal duties he may employ as- sistants, but except as otherwise expressly authorized by the Board of Selectmen or vote of the Town, he shall be responsible for the acts of any assistant employed by him and such assist- ant shall be paid by him. The salary of the Town Counsel shall ·cover all work performed by him except actual appearance ill court in the conduct of litigation or before administrative boards or other tribunals, but shall include appearances before commit- tees of the Legislature.
Claims By or Against the Town
Section 405. The Selectmen, when in their judgment it is for the interest of the Town so to do, may bring on behalf of the Town any proceedings before any court, legislative committee, administrative board, or other public official and may answer and defend such proceedings brought against the Town and may appear on behalf of the Town in any such proceedings instituted by others in which the Town has an interest. They may prose- .cute such suits to final judgment or may compromise any claims "by and against the Town on such terms as shall seem to them for the best interests of the Town, whether or not such claims are in litigation, provided that they shall not, without vote of the Town, compromise any tort claim against the Town not in litigation for a greater sum than $300 or any claim for the taking of private property by eminent domain for a greater sum than one and one-half times the average assessed value during said property has not been assessed, for a greater sum than its fair market value.
ARTICLE V
Strike out the present Section 1 and insert in place thereof the following:
Section 501. No person or corporation shall make any exca- vation within the limits of any public way in the town except up- on and in accordance with the conditions of a permit to be issued by the Board of Selectmen. Such permit to be issued only upon written application stating the location and extent of the proposed excavation and a fee of twenty-five cents shall be charged for each permit issued. It shall be a condition of each permit thus issued that the work of excavation shall be done in a manner approved by the Superintendent of Streets and that the surface of the highway shall be restored to its original condition to the satisfaction of the Superintendent of Streets and at the expense of the person or cor- poration to whom the permit is issued; also that the licensees shall indemnify the Town against the claims of all persons who may be injured in their person or property by reason of such excavation. 'The Board of Selectmen may fix the time within which such permit :shall remain in force, and may prescribe what precautions shall be taken to guard the public against injury. Violation of any of the conditions of said permit shall render the same void. Except in the case of a leak or break in some underground installation no such permit shall be granted to open any street or way between the time when the ground freezes in the autumn and the time when the frost is out of the ground in the spring, which times
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shall for the purposes of this section be determined each year by the Board of Selectmen.
Strike out the present Section 2 and insert in place thereof the following:
Numbering of Houses
Section 502. The Board of Selectmen shall determine and des- ignate numbers of the buildings on such streets or portions of streets as they think best and no person shall neglect or refuse to- affix to any building owned by him the street number designated to him by said Board, nor shall any person affir or suffer to remain. on any building owned by him a street number other than the one: designated by said Board.
Strike out the present Section 3 and insert in place thereof the- following :
Private Ways
Section 503. No private way, lane or alley shall connect with: any public highway of the Town unless at its junction with each: highway it shall have a sign in such form as the Superintendent: of Streets shall approve reading "Private Way" or "Not a Public: Way," provided that this provision shall not apply to such private: driveways not exceeding twelve feet in width as have a gate, gate -- way, or barway at their junction with the public highway or are: otherwise so constructed and located that in the opinion of the: Superintendent of Streets they cannot reasonably be mistaken: for public highways. The Board of Selectmen may direct the" Superintendent of Streets to close up the entrance upon the pub- lic highway of any private way which does not comply with this: section.
Strike out the present Section 4 and insert in place thereof the following:
Acceptance of Streets
Section 504. All petitions for the acceptance of streets must be presented to the Board of Selectmen not later than October first. previous to the annual Town Meeting.
Strike out the present Section 6 and insert in place thereof the following:
Section 505. Before recommending to the Town the accept- ance of any street for which betterments are not to be assessed the Selectmen may require the petitioners to tender to the Town: a deed in such form as the Town Counsel shall approve, convey- ing to the Town the fee or an easement for all purposes of a pub- lic street and highway in the land covered by the proposed street and releasing the Town from all damages occasioned by the laying out, acceptance, and grade of said street as a public highway.
Change the numbering of the present Section 7 to Section 506.
Change the numbering of the present Section 8 to Section 507.
Change the numbering of the present Section 9 to Section 508. Change the numbering of the present Section 10 to Section 509. Change the numbering of the present Section 11 to Section 510. Change the numbering of the present Section 12 to Section 511.
ARTICLE VI
Change the numbering of the present Section 1 to Section 601.
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Change the numbering of the present Section 2 to Section 602. Transfer the present Section 5 of Chapter V to this Chapter and renumber it as Section 603.
Change the numbering of the present Section 4 to Section 604. Adopt the following new sections:
Cattle at Large
Section 605. No person shall suffer any horse, cattle, other ¿grazing animal or fowl kept or controlled by him to run at large upon any of the streets or other public places in the Town, either wwith or without a keeper.
Coasting and Games in Streets
Section 606. No person shall kick football or play at any ¿game in which a ball or other missile of any kind is used, or throw any stones or other missiles, or use a bow and arrow, or air gun in any public street of the Town, and no person shall coast upon any sidewalk, or in any public street except such streets as may be designated therefor by the Selectmen by pub- lic notice, and the Selectmen may restrict traffic in the streets :so designated for coasting.
Firearms and Explosives
Section 607. No person shall cause to burn or explode any "fireworks, firecrackers, torpedoes or other explosive articles in any public street or way except in accordance with a permit from the Board of Selectmen, and no person shall discharge any fire- arm or cannon in any public street or way except in defense of life or property, at a military display duly authorized by the authorities of the United States or of the Commonwealth, or in accordance with a permit from the Board of Selectmen.
Obstruction of Highway
Section 608. No person shall place or cause to be placed any obstruction in any public street, footpath or sidewalk or suffer any such obstruction placed or controlled by him to remain for more than one hour after being notified by a Selectman, police officer, or the Superintendent of Streets to remove the same.
Penalties
Amend the present article on Penalties so as to read as follows:
Whoever violates any of the provisions of Section 501, 502, or 503 of Article V or any provision of Article VI of these By- laws or of the amendment approved November 5, 1917, relating to hawkers and peddlers shall upon conviction thereof be fined in .a sum not exceeding twenty dollars.
The foregoing amendments to the By-laws shall become ef- fective on the first day of the calendar month following their :approval by the Attorney General and the date of their third publication as required by Section 32 of Chapter 40 of the Gen- eral Laws, except such amendments as confer upon the Board of Selectmen the powers and duties of the Board of Health, Over- seers of the Poor, and Board of Survey, which provisions shall ibecome effective on the day following the annual Town election in the year 1928, provided that in so far as the foregoing pro- -visions are identical with those of the present By-laws of the
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Town they shall be construed as a continuation of existing By- laws before the date on which these amendments take effect.
You are further required to notify and warn the inhabitants: of Weymouth qualified to vote in elections to meet at the polling. places in their respective precincts, to wit: In precincts 1, 3, 5 and" 6 in the halls of the Fire Engine Houses located in those precincts, respectively; in Precinct 2 at G. A. R. hall; in Precinct 4 at the; building of the Citizens' Association Inc. on Front Street; in Pre- cinct 7 at the Lovell's Corner Improvement Association building- on Washington Street; at Precinct 8 at the Weymouth Heights Club building on North Street,
Monday, the 14th Day of March, 1927
at five o'clock and forty-five minutes in the forenoon, then and! there to bring in to the wardens of their several Precincts, their votes on one ballot, for the following named public officers, to wit: Town Clerk, Town Treasurer, five Selectmen, five Overseers of the Poor, one Assessor for three years, two School Committee for three years, Collector of Taxes, one Park Commissioner for three years, three Auditors, three Trustees of Tufts Library for three years, one member of the Board of Health for three years, one Commissioner of Ward Two Schoolhouse Sinking Fund for three years, Tree Warden, ten Constables. Annual Moderator, and for the election in Precinct One of ten Town Meeting Members for three years, in Precinct Two of eight Town Meeting Members for three years, one Town Meeting Member for two years to fill va- cancy; in Precinct Three of twelve Town Meeting Members for three years and one Town Meeting Member for one year to fill vacancy; in Precinct Four of four Town Meeting Members for three years; in Precinct Five of eleven Town Meeting Members for three years, and two Town Meeting Members for one year to fill vacancies; in Precinct Six of nine Town Meeting Members for Town Meeting Member forthree years; in Precinct Seven of three Town Meeting Members for three years, one Town Meeting Men- ber for two years and one Town Meeting Member for one year to fill vacancies; in Precinct Eight of three Town Meeting Members for three years.
The Polls will be closed at four o'clock in the afternoon
You are directed to serve this warrant by posting a copy thereof, attested by you in writing, in each of two public places in each voting precinct in said Town, seven days at least before the time for holding the first meeting called for in this warrant.
Hereof fail not, make due return of this warrant with your doings to the Town Clerk of said Town, on or before the Twenty- third day of February, 1927.
Given under our hands at Weymouth this eleventh day of January, in the year of our Lord Nineteen Hundred and Twenty- Seven.
FRED E. WAITE, WINSLOW M. TIRRELL, WILLIAM B. DASHA, H. FRANKLIN PERRY, THERON L. TIRRELL,
Selectmen of Weymouth,
A true copy. Attest;
Constable of Weymouth.
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ANNUAL TOWN MEETING
Pursuant to the foregoing warrant the annual meeting of the inhabitants of the Town of Weymouth represented by its duly elected Town Meeting Members, was held at the hall of the Wey- mouth High School, East Weymouth, on Monday the seventh day of March, 1927.
The meeting was called to order at 7.45 o'clock in the even- ing by Hon. George L. Barnes, Annual Moderator. The Moderator requested the Town Clerk to read the wariant, after reading the call for the meeting it was voted: that the further reading of the articles in the warrant be omitted. The Town Clerk then read the last three paragraphs of the warrant and the attestation of the Constable who served the warrant.
Art. 1. Voted to take up articles 106 and 107 in conjunction with this article.
Voted: That hereafter all town officers whose election is not required by law shall be appointed by the Selectmen, provided however that this vote shall not effect the election or term of office of such Constables as may be elected at the annual election March 14, 1927.
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