USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1929 > Part 6
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Article 15. To see what action the Town will take in reference to the form of memorial to be erected to the memory of its soldiers, sailors and marines who have sacrificed their lives in the service, and to see what sum or sums of money the Town will vote to raise and appropriate for the completion. of such plans as have been or may be approved by the Town in reference to War Memorials, or take any other action in reference thereto.
Article 16. To see what sum of money the Town will vote to raise and appropriate for the Dedication on Armistice Day of the Commemorative Tablets bearing the names of its soldiers,. sailors and marines, or take any other action in reference thereto.
Article 17. To see what additional sum of money the Town will raise and appropriate for the operation and expenses during the current fiscal year of each of the following Town Departments and activities, to wit:
1. Appropriation Committee S. Charities
2. Selectmen's Department 9. Soldiers' Relief
3. Elections and Registrations 10. Insurance
4. Town Hall
11. Interest and Discount
5. Police Department
12. Unpaid Bills
6. Fire Department
13. Water Department
7. Highways
Article 18. To see what sum of money the Town will vote. to raise and appropriate for the drainage of Front Street between Stetson Street and the Ashwood Cemetery, or take any other action in reference thereto.
Article 19. To see what sum of money the Town will vote to raise and appropriate for the erection and equipping of a new Fire Station, Ward 2. in accordance with the plans of the Committee in charge of the matter, and to determine the manner in which the money so appropriated shall be raised, whether by loan or otherwise, and to fix the terms and conditions of any loan or loans necessary to procure said money, and to authorize the issue of bonds or notes therefor, or take any other action in reference thereto.
Article 20. ON PETITION: To see what sum of money the Town will vote to raise and appropriate for the purchase of new Fire Pumping Engine for Ward 5, or take any other action in reference thereto.
Article 21. To see if the Town will vote to raise and appropriate $4000 to complete the working of Summer Street as relocated at the last Town Meeting, or take any other action in reference thereto.
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Article 22. To see what sum of money the Town will vote to raise and appropriate for the installation of traffic signal lights at the intersection of Bridge and Neck Streets, or take any other action in relation thereto.
Article 23. º ON PETITION : That a committee be appointed to investigate the taking of land on Commercial Street near Tufts Crossing, for bathing purposes, or take any other action relative thereto.
Article 24. On Petition of the Planning Board: To see if the Town will authorize the Board of Selectmen to acquire by purchase or take by right of eminent domain a single story frame building located at the junction of Pond and Derby Streets, South Weymouth, and the land on which the same stands, be- longing to Thomas H. Hannaford, and to see what sum of money the Town will vote to raise and appropriate for the acquisition of the said land and building, or take any other action in reference thereto.
Article 25. To see if the Town will vote to instruct the Selectmen to petition the Legislature for tlie following amend- ments to the Town Meeting Act (Chapter 61 of the Acts of 1921) .or take any other action in reference thereto:
(a) Amend the fourth sentence of Section 3 so that the same .shall read:
"A majority of the town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may (take a recess or) adjourn from time to time."
(b) Amend ,the fifth sentence of Section 3 so that the same shall read:
"Notice of every adjourned town meeting shall be posted by the Town Clerk in ten or more public places in the town, and (if the adjournment is for more than forty-eight) · hours he shall notify by mail the members of the town meeting of the adjournment at least twenty-four hours before the time of the adjourned town meeting."
(c) Add after the sixth sentence of Section 3 the following new sentence:
"In the warrant for any town meeting the selectmen may insert a provision summoning the members, in case the business named in the warrant is not completed on the day named to meet in adjourned session at a time and place named in the warrant for the consideration of such articles as shall not have been acted upon, but this shall not prevent the town meeting from voting further adjournmeuts."
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Article 26. To see if the Town will vote to make the following amendments to its by-laws, or take any other action in reference thereto.
ARTICLE 1
Amend Section 110 by striking out the word 'larger' and in- serting in place thereof the word 'largest'.
Add the following new scctions:
CHAPLAIN
"Section 112. The Board of Selectmen shall arrange for the attendance of a clergyman as chaplain for each Town Meeting, which chaplain shall receive such compensation as the Board may determine. payable from the Selectmen's appropriation for miscellaneous expenses."
STENOGRAPHER
"Section 113. The Town Clerk shall arrange for the attend- ance of a competent stenographer at each town meeting. Such stenographer shall be responsible to the Town Clerk and his compensation shall be paid from the appropriation from the Town Clerk's department."
ARTICLE III
Add to Section 301:
"The Town Accountant and Town Counsel shall bo ex-officio advisory members of said Committee."
Amend Section 302 so that the first clause thereof shall read :
"The Appropriation Committee shall prepare the annual budget as provided by law, shall consider the various articles relating to the raising or expenditure of money and all other articles which commit the Town to the expenditure of money in the warrant for all Town meetings held during the period for which they have been appointed;"
And add at the end of said section:
"For the preliminary examination of the financial needs of the several Town departments and activities, the Committee may divide itself into sub-committees, but the final recommendations to the Town shall be acted upon at a meeting of the full Committee. Five members of the Committee shall constitute a quorum for all purposes except final recommendation to the Town Meeting, for which the presence of a majority shall be required. The clerk of the Board of Selectmen shall send to the Secretary of the Committee as soon as received, all articles accepted by the Selectmen for inclusion in the warrant for any annual or special Town Meeting."
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Amend Section 305 by striking out the sentence. "Except as otherwise provided by statute 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 of and amount of such bonds and determine the sufficiency of the surety or sureties thereon," and insert in place thereof the words, "Except as otherwise provided by statute or vote of the Town, and subject to any provisions of any statute or vote in. that behalf, they shall determine what Town officers and employees shall give bond, and shall, on recommendation of the Town Counsel, fix the form and amount of all bonds of officials and employees and bonds taken to secure the performance of any contract to which the Town is a party, determine the sufficiency of the surety of sureties thereon, and determine the amount and form of insurance to be carried upon all Town property."
Add at the end of the first paragraph, the following new sentence: "They shall have control of all town property which is not actually occupied by a Town official, department, or activity, aud shall enforce the conditions and covenants of any lease or tenancy thereof.
Amend said section further by striking out the words "They shall control the Town Office" and insert the words "Subject to the provisions of these by-laws, they shall control the Town Hall".
Amend said section further by adding at the end thereof: "Until the Town makes other provisions therefor, they shall have control of all memorials erected by the Town to its soldiers and sailors and of the grounds surrounding the same."
ARTICLE IV
Amend Section 405 by striking out in the last sentence. thereof the words "or 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 the three preceding. years, or if said property has not been assessed, for a greater. sum than its fair market value," and insert in place thereof the following new sentence:
"Any other Town board having authority to take property by eminent domain may in like manner on recommendation of' the Town Counsel compromise any claim for property so taken: by them."
Add the following new section:
"Section 406: All payments by the Town for workmen's. compensation shall on the approval of the Board of Selectmen be charged to the appropriation for the payment of damages."
ARTICLE V
Amend Section 501 by striking out the words "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; shall for the purpose of this section be determined each year. by the Board of Selectmen," and insert in place thereof the. words, "between November 15 and March 15."
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Add to Section 501 the following:
"No person having authority to dig up or obstruct any street shall do so in a manner which does not leave reasonable access for persons and vehicles to property abutting on such street or which does not leave a reasonable passage through the street for fire apparatus."
Add to Section 505: "Before recommending to the Town the acceptance of any street which has been laid out as a Town way by the Selectmen on petition of the abutters, the Committee shall require a report from the Town Engineer and Super- intendent of Streets, as to whether the provisions of law, of these by-laws, and of the rules of the Board of Survey applicable to such streets have been complied with."
Amend Section 508 by striking out at the end thereof the words "and have agreed to pay betterment assessments".
ARTICLE VI
Amend Section 601 by changing the period at the end thereof to a comma, and adding, "or whereby any stream of water or slush is discharged on any street or other way in such manner as to cause a nuisance by freezing or otherwise."
Section 1 to 9 inclusive of the amendment approved November 5. 1917 relating to hawkers and pedlars are hereby numbered Sections 609 to 617 inclusive of these by-laws.
Section 10 and 11 of said amendment relating to hawkers and pedlars are hereby repealed.
ARTICLE VII
Amend Section 701 by striking out in the last sentence thereof the words "such as the Town from time to time may vote," and insert in place thereof the words "fixed by the Board of Selectmen within the limits of the appropriation made by the Town for that purpose."
Amend Section 703 by striking out the words at the end thereof "and that the means of ingress and egress are sufficient" and insert in place thereof the following words "that the means of ingress and egress are sufficient, and that the building conforms to the requirements of these by-laws."
Strike cut Section 705 and insert in place thereof the following: "He shall examine as often as practicable all buildings which are being crected, raised, enlarged, altered or repaired and for that purpose shall have the right of entry thereto. In case such building is found to violate any provision of these by-laws he shall direct such alterations as may be necessary to make such structure conform to them. If such directions be not complied with he shall make a written report of the facts to the Town Counsel, who shall institute such Court proceedings, either Civil or Criminal, as the facts shall in his opinion warrant."
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Add the following new section:
"Alterations, repairs and additions subject to this by-law."
Section 706. Any alterations or additions to any building al- ready erected or hereafter to be built except necessary repairs as herein defined, shall to the extent of such work, be subject to the provisions of this article."
Strike out Section 707 and 708.
Renumber Section 709 as Section 707, and strike out therein. the words "built up" and insert in place thereof the words "built up or altered."
Add the following new sections:
Section 708. "No building shall be moved to any location where its construction would be in violation of the provisions of this article."
Section 709. "No building or other structure hereafter erected, moved or altered shall after its erection, moving or location be used for any purpose for which the erection of a new building or structure identical in character with the one so erected, moved or altered is forbidden by this article."
Strike out all definitions contained in Section 710 and sub- stitute therefor the following:
"Alteration", any change in or addition to any building or any change in or addition to any other structure which converts the same into a building within the meaning of this article.
"Building", any structure of which any portion is designed or used for human habitation, for a garage, barn or stable, for any manufacturing, industrial, or mercantile purpose, for a place or public resort or assembly or which is used in connection with the storage or sale of petroleum or any of its derivatives or any other structure not hereinbefore described which is more than one story in height or covers an area of more than 200 square feet.
FIRST CLASS BUILDING
A Building of fireproof material throughout with floors con- structed of iron, steel or reinforced concrete beams, filled in between with terra-cotta or other masonry arches or with con- crete or reinforced concrete slabs; wood may be used only for under and upper floors, windows and door frames, sashes, doors, interior finish, hand rails for stairs, necessary sleepers bedded in the cement, and for isolated furrings bedded in mortar. There shall be no air space between the top of any floor arclies and the floor boarding.
SECOND CLASS BUILDING
A building not of the first class, the external and party walls of which are of brick, stone, iron, steel, concrete, reinforced concrete, concrete blocks, or other equally substantial and fire- proof material.
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THIRD CLASS BUILDING
Any building not of the first or second class.
"Cellar", A lower story of which one-half or more of the height from the bottom of the story to the under side of the floor joists of the story next above, is below the mean grade of all the streets, or the mean grade of the natural ground adjoining the building; provided that said grade of the ground is not below the grade of the street at the principal front.
"External Wall", every outer wall or vertical enclosure of a building, other than a party wall.
"Fire Wall", a masonry division wall which extends through and at least two feet above the roof and in which all openings are protected by fire doors, or any wall dividing spaces within a building into limited areas for fire protection.
"Foundation Wall", that portion of any external wall below the level of the street curb, and that portion of any party wall below the cellar floor, and of any wall not on the street, that portion of the wall below the level of the ground, outside of the wall.
"Height of a Building", the distance from the top of the outside foundation wall on street to the highest part on roof.
"Partition Wall", any interior wall of masonry or other material in a building.
"Party Wall", every wall used, or built in order to be used, as a separation of two or more buildings.
"Repairs", any reconstruction or renewal of any part of a building or structure, or of its fixtures or appurtenances which does not lessen the strength or increase the fire risk of the building, and does not, in the opinion of the inspector, enlarge or diminish the cubical contents of the building, change the chimneys or strairways, or change the lines of the external walls or roof.
"Shaft", (whether for air. light, elevator, dumb waiter or any other purpose) is an enclosed space within a building extending to the roof and covered either by a skylight or by the roof.
"Vent Shaft", a shaft used solely to ventilate or light water closet compartments or bath rocm.
"Thickness" (of a wall), the minimum thickness of such wall exclusive of air space.
"Under-Pinning", the brick or stone wall from the foundation wall to under side of sill.
Change the period at the end of Section 711 to a comma and add at the end thereof the following: "and all roofs hereafter renewed shall be covered with one or more of the above materials, provided that this section shall not apply to such repairing or patching as shall not amount to the renewal of the covering of a whole room or a distinct section thereof.
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Change the period at the end of Section 712 to a comma and add the following words: "provided the Inspector of Buildings may waive the requirement for filing plans and specifications when in his opinion the filing of either or both is unnecessary.
Section 717. Change the third sentence so as to read: "The posts, sills, and girts shall not be less than four by six inches, the plates 4 by 4 inches, or its equivalent, and the studs two by four inches, not more than sixteen inches on centers, and resting upon sills, girders or plates.
In the third sentence from the end of said section, strike out the words "and to be placed not more than sixteen inches on centers" and insert in place thereof the words "shall be placed not more than sixteen inches apart on centers and shall rest full width on sills, girders or plates."
In the last sentence of said section, insert before the figures "24" the words "not more than".
Section 720. Strike out in said section the first sentence and insert in place thereof the following:
"Except as otherwise provided in the following section, every building hereafter erected shall have a foundation wall of rubble stone, block granite, concrete or brick, laid in mortar, carried to the surface of the ground and extending under all portions of the exterior wall of said building except piazzas and porches and except projections in the nature of bay or oriel windows all portions of which are within the lines of an equilateral triangle one side of which shall be the exterior wall of the room from which such bay or oriel window projects, or if built on a corner, within the arc of a circle whose radius is one-half of the shorter of the two exterior walls of the room from which it projects, and whose center is the point of intersection of the straight portion of the said walls projected into such bay or oriel window." In the second sentence of said section after the word "foundation" insert the word "wall". In the third sentence of said section after the word "foundation" insert the word "wall".
Section 721. Strike out the word "wooden" in the first sentence of said section. In the last sentence of said section, strike out the words "without girts or tenoned studs and posts, but in a" and insert in place thereof the words "in any".
Section 722. Amend the first sentence thereof so as to read: "Piers under girders, supporting floor timbers in cellars may be of iron. Lally column or columns of similar type, red cedar or chestnut of sufficient strength, or brick or concrete, and in any case shall be not more than nine feet apart, and all trimmers in the first floor over twelve feet in length shall be supported by a pier or column."
Change the period at the end of said section to a comma and add thereto: "unless the same shall rest upon hard pan or ledge."
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Transfer to the end of said section the following words from Section 723: "The spaces between such parts of floor joists as rest upon girders, partition heads or sills shall have the spaces filled in solid, between the studs flush with the under side of the finished floor with bricks laid in mortar, or other fire-proof material; the spaces between stringers or staircases and joists of landing, unless unceiled, shall be stopped with some incom- bustible material at two places in every flight of stairs, so as to prevent the passage of air. Fire-stops must be put on each floor, between the floors and chimney. All channels and pockets for gas, water and soil pipes must be made smoke tight at each floor."
Amend Section 723 by inserting after the word "brick" in the first clause the word "party."
Renumber Section 729 as Section 728.
Renumber Section 730 as Section 729.
Renumber Section 731 as Section 730. Renumber Section 732 as Section 731.
Renumber Section 733 as Section 732. Strike out the first sentence in the third paragraph of said section and insert in place thereof :
"All chimneys shall project at least two feet above the highest part of the roof through which they pass or four feet above the highest point of the roof contiguons to the chimney, which- ever is the lower, and shall be topped ont with brick or stone and the topping shall not have more than two inches projection, unless covered by a cap of approved incombustible material, properly secured; and in no case shall a nail be driven into the masonry of any fluc."
Renumber Section 728 as Section 797, and amend to read as follows:
"Section 797. Violations of this by-law shall be punishable by a fine or not more than one hundred (100) dollars for each offense, but the enforcement of any penalty shall not affect any right of the town to proceed civilly either at law or in equity against the property constituting violation or against the owners or ocenpants thereof."
Renumber Section 744 as Section 798 and amend the same so as to read :.
"FEES"
"Section 798. There shall be payable to the Town Weymouth the following fees for building permits for the erection or alteration of buildings within the limits of the Town or for such repairs as require a permit:
Erection of first class buildings and second class buildings as herein defined $15.00
Erection of third class buildings as herein defined 5.0.)
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Permits for alterations, substantial repairs which re- quire a permit, the erection of sheds, poultry houses and like small building valued at not ex- ceeding one thousand dollars and not intended or used for human habitation 1.00
Fees shall accompany the application for the building permit." Renumber Section 745 as Section 799, and strike out all but the last sentence thereof, inserting in place thereof the following:
"Section 799. A Board of Appeal consisting of three members is hereby created consisting of one member of the Board of Selectmen appointed by the Board, which shall also designate the Chairman, the Town Counsel, and the Town . Engineer. In the case of the absence or disability of any member of the Board, he shall designate some person to take his place, who, in the case of the Selectmien shall be a member of the Board to Selectmen: in the case of the Town Engineer some citizen of the Town of engineering experience; and in the case of the Town Counsel some citizen of the Town who is a member of the Bar. Three members of the Board shall be a quorum."
Members of the Board shall receive five ($5.00) dollars for each meeting of the Board attended by them, payable from the appropriation for the Building Department.
Any person applying for a building permit who wishes to be relieved from any operation of the provisions of this article may make application in writing to the Building Inspector, specifying what waivers he desires made in his favor and the reasons therefor. This application with the accompanying specifications, plans and maps, if any, shall be submitted to the Board of Appeal by the Building Inspector, together with his written recommendations thereon. If unanimously approved by them, the Inspector of Buildings shall issue a permit for the same.
The present section on penalties is stricken out and the following substituted therefor :
ARTICLE IX PENALTIES
"Seetion 901. Whoever violates any of the provisions of Section 501, 502, 503, 601, 602, 603, 604, 605, 6OG, 607, 60S, 609/ 611, 612, 613, 614, and 615, shall upon conviction thereof be fined in a sum not exceeding Twenty Dollars ($20.00)."
The foregoing amendments to the by-laws shall go into effect on the calendar day following Their third publication after ap- proval by the Attorney-General as required by law, provided nevertheless that so far as any of the foregoing provisions are identical with those of the present by-laws of the Town they shall be considered as a continuation of the existing by-laws and the repeal or amendment of any provision shall not affect
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any penalty or forfeiture incurred before the date on which said repeal or amendment takes effect, and further providing that if any provision of the foregoing amendments shall be dis- approved by the Attorney-General or held invalid by any court of last resort, the same shall not affect other provision of these by-laws.
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