USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1941 > Part 5
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Selectman Callahan raised a point of order on the amendment offered by Mr. Stein.
Moderator ruled that point of order was not well taken.
Selectman Callahan then appealed from the ruling of the chair.
Chair sustained in his ruling by vote of Town Meeting Members.
Mr. Dasha moved: The previous question.
Selectman Callahan moved to amend the amendment of Mr. Stein as follows: That the sum of $2,000. be raised and appropriated for the use of the Selectmen's Department to assist the Assessors in their functions
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under Article 57. Motion lost.
The previous question was ordered and the motion of the Appropriation Committec, as offered by Mr. Field, was adopted.
ARTICLE 8. Mr Field, for the Appropriation Committee, moved: That the Selectmen by authorized to sell or otherwise dispose of personal pro- perty and any real estate of which the Town has possession or title in- cluding all property taken for non-payment of taxes, all such cases of sale to be made by public auction or private sale as the Selectmen may deem for the best interest of the Town and that the Board or Officer in charge of any other Town Department may, with the approval of the Board of Selectmen, sell at public auction or private sale as the Board of Selectmen may approve, any personal property belonging to said De- partment which in the opinion of the Officer or Board in charge of the Department is no longer needed by the Town and which in the opinion of the Selectmen is not needed by any other Town Department.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 9. Mr. Field, for the Appropriation Committee, moved: That the Board of Selectmen be authorized to accept conveyances or mort- gages of any real or personal property belonging to persons receiving relief from the Town and to dispose of said property under the provi- sions of Article 8 of this warrant in such manner as they may judge for the best interest of the Town and where said property is subject to any encumbrances if they consider it for the best interest of the Town to discharge said encumbrances, they are hereby authorized to do so.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 10. Mr. Field, for the Appropriation Committee, moved: That the Town accept the report of the Selectmen laying out the following de- signated private ways or parts of ways, to wit:
Aster Circle from Worthen Avenue to Worthen Avenue.
Carson Street from Homestead Avenue to Worthen Avenue.
Worthen Avenue from Homestead Avenue to Carson Street.
Browning Street from Homestead Avenue to Carson Street.
Riverview Place as shown on a map entitled "Plan of Prospect Hill, North Weymouth, Massachusetts" made by Russell H. Whiting, Civil En- gineer, dated April 25, 1940.
Hill Top Road as shown on a map entitled "Plan of Prospect Hill, North Weymouth, Massachusetts" made by Russell H. Whiting, Civil En- gineer, dated April 25, 1940.
Canacum Road as shown on a map entitled "Plan of Prospect Hill, North Weymouth, Massachusetts" made by Russell H. Whiting, Civil En- gincer, dated April 25, 1940, for a distance of approximately 149 feet in the Prospect Hill Section.
Prospect Hill Drive as shown on a map entitled "Plan of Prospect Hill, North Weymouth, Massachusetts" made by Russell H. Whiting, Civil Engineer, dated April 25, 1940.
and that the Board of Selectmen be authorized to acquire by gift or pur- chase or take by right of eminent domain in fee or otherwise for all pur- poses of a public street or highway in and over said street or streets as so laid out and accepted and that the sum of $6,570. be raised and ap- propriated for the acquisition and working of the foregoing taking or pur- chase including all damages; provided further that they may build any bridges, drains or conduits and secure any easements which may be neces-
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sary and the Board of Selectmen are hereby authorized to accept deeds of any reservation strips exsisting in connection with any of said streets; and provided further that no work shall be done on any of these streets until at least 90% of the abutters, or 100%, if in the opinion of the Town Counsel that becomes necessary, have signed, executed and delivered to the Town Counsel proper releases. Provided further that the final naming of these streets when accepted must meet with the approval of the Plan- ning Board, and the work on these streets shall be performed by the agency set up under Article 2.
Mr. Hoffman moved: That Article 23 of the Warrant be taken up in con- junction with Article 10. Motion lost.
Mr. Gunn moved: That Fort Point Road from River Street to Parnell Street be added to the streets recommended by the Appropriation Com- mittee and that the Appropriation be increased by the amount of $1100. to cover materials.
Motion lost.
Mr. Buchan moved: That that part of this article referring to Canacum Road be omitted.
Motion lost.
Mr. Stein of the Appropriation Committee moved: To consider Article 23 of the warrant before the remainder of Article 10 is dispensed with. So voted by 34 vote.
ARTICLE 23. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this Article.
Selectman Callahan moved to amend the Town By-Laws by adding the following :
Section 512; Any provision of the town By-Laws having to do with the acceptance of Streets, except Section 504 may be suspended by a 34 vote of those present and voting at any Annual Town Meeting.
Mr. Shaftoe moved a substitute motion to amend the Town By-Laws by adding a new section as follows:
Section 512-Any street or way recommended by the Selectmen or any committee for acceptance as a public street or way of the Town of Wey- mouth may be accepted notwithstanding any such street or way has not been previously constructed and completed to the sub-grade in accordance with specifications set forth in Section 511, provided, however, that the abutting owners shall pay 50% of the actual cost to the Town of Wey- mouth of bringing such street or way to the specified sub-grade and pro- vided further that no such street or way so accepted shall be worked un- less and until at least 75% of the abutting owners shall have pledged over their signatures to repay to the Town of Weymouth 50% of the actual cost to the Town of bringing such street or way to such specified sub- grade and there shall have been deposited for such purpose with the Treasurer of the Town an amount of money equal to 50% of the estim- ated cost to the Town of bringing such street or way to the specified grade as determined by the Superintendent of Streets.
Motion lost.
Mr. Irving Johnson moved: That the present committee appointed under Article 10 of the 1940 warrant (on the motion of Mr. Gunn) be continued and that they report at the next Annual Town Meeting.
Motion lost.
Motion of Selectman Callahan was next considered and vote doubted. More than a sufficient number having doubted, tabulation was ordered. Tellers reported 55 voting in the affirmative and 71 in the negative. Mo- tion lost.
Recommendation of the Appropriation committee, as offered by Mr. Field, was adopted.
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Selectman Lane moved: That the remainder of Article 10 be now acted upon. So voted.
Selectman Lane moved an amendment to Article 10 as follows: That Canacum Road as shown on a map entitled "Plan of Prospect Hill, North Weymouth, Massachusetts" made by Russell H. Whiting, Civil Engineer, dated April 25, 1940, for a distance of approximately 381 feet from Pros- pect Hill to Cliff Road.
A two-third's vote was necessary on this motion, the tellers reported 103 voting in the affirmative and 2 in the negative.
Selectman Callahan moved: The previous question on Article 10. So voted.
Report of the Appropriation Committee as thus amended by Selectman Lane adopted.
At the request of the Weymouth Committee on Public Defense the Mo- derator at this time read to the assembly a proclamation as follows :-
PROCLAMATION
WEYMOUTH COMMITTEE ON PUBLIC SAFETY (formerly WEYMOUTH DEFENSE COUNCIL
BY DIRECTION OF THE GOVERNOR OF THE COMMONWEALTH:
All residents of Weymouth qualified to assist in matters of National De- fense are requested to register their availability to serve on the Registration Day set apart as
TUESDAY, MARCH ELEVENTH 1941 From 7:00 P.M. to 9:30 P.M.
A registration station is set out and located in each precinct in the town, but volunteers may register in any precinct.
THERE IS NEED FOR BOTH MEN AND WOMEN.
Registration Stations are designated as follows:
Precinct 1
Bicknell School
Precinct 2
Washington School
Precinct 3
Hunt School
Precinct 4
Shaw School
Precinct 5
Pond School
Precinct 6
Jefferson School
Precinct 7
Pratt School
Precinct 8
Adams School
Precinct 9
Nevin School
ALL PERSONS WILLING TO SERVE IN NATIONAL DEFENSE SHOULD REGISTER
By direction of Walter E. Moore, Chairman
Arthur T. Hausler, Secretary
The Warden in each voting precinct is requested to call or write the Town Clerk advising him that at least two precinct workers will be on hand to
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assist in the registration, each reporting to the registration place set apart ยท
for his respective precinct.
Walter E. Moore, Chairman
Mr. Huges moved: To adjourn until Thursday, March 6, 1941 at 7:45 in the evening.
So voted.
Adjournment made at 11:59 p.m.
JULIAN R. MERCHANT
Town Clerk
TOWN OF WEYMOUTH
-
Office of the Town Clerk
March 6, 1941
The Annual Town Meeting of the Town of Weymouth held on the third of March, 1941 at the High School Hall in East Weymouth, Massachusetts having been adjourned to Wednesday evening, March 5, 1941, is hereby further adjourned to meet in the hall of the Weymouth High School on Thursday evening, March 6, 1941 at 7:45 in the evening.
Julian R. Merchant,
Town Clerk
The time to which the adjournment of the adjourned Annual Town Meeting having arrived the Moderator called the meeting to order at 7:49 p.m. and requested the Rev. William G. Sewell, Pastor of the Pilgrim Church of North Weymouth to invoke the Divine Blessing.
139 Town meeting members were checked by the police stationed at the door.
Selectman Callahan presented a resolution as follows:
Whereas :
the residents of unaccepted streets have petitioned the Town to accept certain private ways, and
Whereas :
the town by-laws preclude the acceptance of said ways, and,
Whereas :
deferred action by the town meeting will work further hardships on a large group of Weymouth citizens:
Be it resolved :
that the Moderator appoint a committee of three, one of whom shall be an experienced road builder but who shall hold no town position except town meeting member, who shall present to the town clerk before May 1, 1941, an amendment to the by-laws that will enable a town meeting to accept any private way that has been travelled by the general public on or before Jan. 1,
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1931, provided that proof that at least six houses on said way shall have been occupied on or before that date, shall be deemed proof that said way has been so travelled upon.
Resolution adopted.
ARTICLE 11. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this article.
Motion of the Appropriation. Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 12. Mr. Field, for the Appropriation Committee, moved: That the Committee be continued.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 13. Mr. Field, of the Appropriation Committee, moved: That the sum of $10,000. is hereby appropriated for work on North Street, or Pearl and Norton Streets, $5,939.72 of which shall be raised in the levy of the current year, and $4,060.28 shall be appropriated from the Sale of Real Estate account provided that the State or County under General Laws (Ter. Ed.) Chapter 90 will pay a sum of money proportionate to the cost of construction under the provisions of said Chapter; provided that this work shall be performed by the Street Department; and provided that the Board of Selectmen is authorized to acquire by gift or purchase or take by right of eminent domain in fee or otherwise for all purposes of a public street or highway in and over said streets and that authority is hereby given for building any bridges, drains or conduits, or securing easements which may be necessary and that the Board of Selectmen is authorized to accept deeds of any reservation strips exsisting in connec- tion with said Streets; and provided further that all damages resulting or occasioned by the construction shall be a charge against the sum ap- propriated.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 14. Mr. Field, for the Appropriation Committee, moved: That the Town raise and appropriate the sum of $26,700. for the purpose of this article, and accept any funds offered by the State, or County, or both, for work on said streets or otherwise as Chapt. 90 Maintenance, provided the work be done by the Highway Department.
Mr. Field explained to the Town Meeting Members that an error had been discovered in the original recommendation of the Appropriation Committee under this article, and presented Article 14 in a new form as of above.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 15. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this article.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 16. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this article.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 17. Mr. Field, for the Appropriation Committee, moved: That the subject matter of this article be referred to the Agency set up under Article 2 of this Warrant.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
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ARTICLE 18. Mr. Field, for the Appropriation Committee, moved: That the Town instruct its Board of Selectmen to accept two easements in fee on its behalf for drainage purposes from River Street to Weymouth Back River, from Robert S. Bradley Estates, Inc., in accordance with plans of Russell H. Whiting, Town Engineer, dated October 19 and 21, 1940.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 19. Mr. Field, for the Appropriation Committee, moved: That the Town instruct its Board of Selectmen to accept two easements in fee on its behalf for drainage purposes from Domenick M. and Assunta Petrell in Oakwood Manor, so called, in accordance with plans of Russell H. Whiting, Town Engineer, dated December 26, 1940 and December 27, 1940.
Mr. Thomas J. Kelly moved to amend the motion of the Appropriation Committee as follows: That the Town instruct its Board of Selectmen to accept an easement on its behalf for drainage purposes from Frank Ru- bolino at 73 Pine Street, in accordance with plan of Russell H. Whiting, Town Engineer, dater December 31, 1940.
Motion of the Appropriation Committee, as offered by Mr. Field, and thus amended by Mr. Kelly, was unanimously adopted.
ARTICLE 20. Mr. Field, for the Appropriation Committee, moved: That the subject matter of this article be reffered to the Street Department. Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 21. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this article.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 22. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this article.
Selectman Callahan offered a substitution motion as follows:
That sum of $4,000. be appropriated for salary and expenses for a pur- chasing department in accordance with the provisions of Chapter 41 (Ter. Ed.) Section 103, said department to start functioning May 1, 1941.
Motion lost.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 24. Mr. Field, for the Appropriation Committee, moved: We make no recommendation on this article.
Selectman Callahan moved as follows: That the Town petition the leg- islature for an act to amend Section 3 of Chapter 61, Acts of 1921 by in- serting the following: "All ex-officiis members shall be without vote." Moderator declared the motion lost.
Selectman Callahan doubted the vote. Vote being doubted by more than seven members, the tellers Mr. Silvester, Mr. Hausler and Mr. Wallace were called to tabulate the vote.
The tellers reported 42 voting in the affirmative and 42 voting in the negative.
It being a tie vote, the moderator then declared the motion as lost.
Motion of the Appropriation Committee, as offered by Mr. Field, was adopted.
ARTICLE 25. Mr. Field, for the Appropriation Committee, moved: We make no recommendation on this article.
Selectman Callahan moved as follows: That the town petition the leg- islature for an act to amend Section 8 of Chapter 61, Acts of 1921 by in-
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serting the words "Voted upon" in place of the word "passed".
Motion lost.
Mr. Field, for the Appropriation Committee, then moved as follows: To amend Chapter 61, Acts of 1921 by adding to the fourth sentence in Sec. 8 the following words: "but no action of the representative Town Meeting shall be reversed unless at least 20% of all the registered voters shall vote for such reversal."
So voted.
Mr. Field further moved: That a committee of three (3) be appointed by the Moderator to petition the Legislature for the desired amendment to our Town Meeting act.
So voted.
ARTICLE 26, 27, 28, 29.
Selectman Callahan moved: That these articles be taken up together.
So voted.
Mr. Field, for the Appropriation Committee, moved: That no action be taken upon these articles.
Selectman Callahan moved the following: That a committee of five (5) be appointed by the Town Moderator consisting of the Chairman of the Selectmen, the Chairman of the Appropriation Committee, the Chairman of the Planning Board and two (2) to be appointed by the Moderator who shall hold no town position, to study the benefits of Articles 26-29 inclusive, said committee to report to the next Annual Town Meeting and to furnish a report for the Annual Town Report for 1941.
Selectman Callahan's motion was adopted.
ARTICLE 30. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this article.
Selectman Callahan offered a substitute motion as follows: That town amend Article 10, Section 7, Item 3 of the By-Laws as printed in the Warrant.
Moderator declared the motion lost.
Selectman Callahan doubted the vote. Less than the required number having doubted the vote, the tabulation was not ordered.
Motion of the Appropriation Committee, as offered by Mr. Field, was adopted.
ARTICLE 31. Mr. Field, for the Appropriation Committee, moved: That the amendments to be offered by the Appropriation Committee under Article 31 (At request of Planning Board). To see what action the Town will take to amend, alter or revise the Building Laws, or take any other action in relation thereto be taken up separately.
So voted.
Selectman Callahan rose to a legal point of order stating the recommen- dations as read were not properly before the meeting and ask the legal opinion of the Town Counsel.
The opinion of the Town Counsel was that the amendments were not properly before the meeting.
Mr. Frank E. Loud moved: The subject matter of Article 31 be indefi- nitely postponed.
Motion adopted.
ARTICLE 32. Mr. Field, for the Appropriation Committee, moved (At the Request of Planning Board). To see if the Town will vote to amend, alter or revise Article X of the By-Laws-the Zoning Laws so called/or take any other action in relation thereto.
Mr. Charles Griffin asked for indefinite postponement of this article. Unanimously adopted.
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ARTICLE 33. Mr. Field, for the 'Appropriation Committee, moved: That the Town accept the provisions of General Laws (Ter. Ed.) Chapter 41, Sections 81A to 81J inclusive, which is entitled "An Act Providing an Improved Method of Municipal Planning" and which re-establishes the Planning Board.
Selectman Callahan moved indefinite postponement of this article.
Motion lost.
Motion of the Appropriation Committee, as offered by Mr. Field, was adopted.
ARTICLE 34. Mr. Field, for the Appropriation Committee, moved: That the Board of Selectmen be authorized to purchase for school purposes for the Town two parcels of land to be under the supervision of the School Committee, one lying east of the High School containing about 13.3 acres and the other to the south of the High School containing about 3.8 acres and that the sum of $7,500. is hereby raised and appropriated for this purpose provided this transaction meets with the approval of the School Committee.
Selectman Callahan moved to amend the recommendations of the Ap- propriation Committee as follows: To substitute the words "School Com- mittee" for "Board of Selectmen" in line 1 and strike out the last line which reads "provided the transaction meets with the approval of the School Committee."
Motion of the Appropriation Committee, as offered by Mr. Field and thus amended, was unanimously adopted.
ARTICLE 35. Mr. Field, for the Appropriation Committee, moved: That the Moderator be instructed to appoint a committee of seven (7) three of whom shall be members of the School Committee and four other citizens to carry out the purposes of this article and said committee to file its report with the Board of Selectmen not later than December 15 of the current year. Mr. Field, for the Appropriation Committee, offered a sub- stitute motion to Article 35: That a committee of seven be authorized, two of whom shall be members of the School Committee to be appointed by the School Committee, one shall be the Superintendent of Schools, and four other citizens who shall be appointed by the Moderator, and that such Committee shall carry out the purposes of this Article and shall file its report with the Board of Selectmen not later than December 15 of the current year. Any vacancies in such Committee which shall occur, by resignation or otherwise, shall be filed in the manner of the original appointments.
Substitute motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 36. Mr. Field, for the Appropriation Committee, moved : That the girls' athletic field and playground be named "Libby Athletic Field" in honor of both Annie J. and Dr. J. Herbert Libby.
Selectman Callahan raised the point of order that the recommendations of the Appropriation Committee are beyond the scope of the original petition.
Moderator ruled that the point of order was not well taken.
Selectman Callahan offered a substitute motion as follows: That the field be named "Annie J. Libby Girl's Athletic Field and Playground".
The Moderator declared the motion lost. Selectman Callahan doubted the vote.
More than a sufficient number stood in doubt and the tabulation was ordered by the tellers.
The tellers reported 36 voting in the affirmative and 58 in the negative. The motion was declared lost.
Mr. Prince Tirrell moved: That the word "Athletic" be deleated from the
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recommendations of the Appropriation Committee. So voted.
Motion of the Appropriation Committee, as offered by Mr. Field, and thus amended was adopted.
ARTICLE 37. Mr. Field, for the Appropriation Committee, moved: That the town take no action upon this article.
Mr. Sands verbally corrected the petitioners of this article stating that the original petition was filed by the Nash's Corner Citizen's Association Inc. and offered a substitute motion as follows:
The moderator shall appoint a committee of three to obtain an option on a parcel or parcels of land for a park and playground in the vicinity of Nash's Corner section of South Weymouth and, they shall have inserted in the warrant for the next Annual Town Meeting an article for the pur- chase of same. I further move that the sum of one dollar be appropriated for this purpose.
Motion lost.
Mr. Moran moved the previous question. The previous question was ordered.
Motion of the Appropriation Committee, as offered by Mr. Field, was adopted.
ARTICLE 38. Mr. Field, for the Appropriation Committee, moved: That the Town take no action upon this article.
Motion of the Appropriation Committee, as offered by Mr. Field, was unanimously adopted.
ARTICLE 39. Mr. Field, for the Appropriation Committee, moved: That the Board of Selectmen are hereby authorized to purchase for the Town for Park purposes land abutting Bradford Hawes Park belonging to Mr. David Wescott containing about 77,800 square feet and for this pur- pose the sum of $900. is hereby appropriated.
Mr. Corkum moved to amend by adding: "subject to any existing ways", then explaining that in his opinion a hazardous right of way exsisted.
The Appropriation Committee asked unanimous consent to withdraw their original recommendation and recommended: That no action be taken upon this article.
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