USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1951 > Part 6
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Comes the question on Mr. Newton's motion
UNANIMOUSLY ADOPTED
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SECTION IV. INDUSTRIAL DISTRICT USES
By adding in the second line the words "the storage or sale of junk" or so as to read as follows:
In an industrial district no building or premises shall be erected, altered, or used for the storage or sale of junk or for any purpose in- jurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration or noise or other cause.
Mr. Newton for the Planning Board MOVED adoption
UNANIMOUSLY ADOPTED
SECTION VA THE USE OF LAND
By adding a new section designated as Section VA so as to read as follows:
No sod, loam, sand, gravel, or quarry stone shall be removed for sale except when incidental to and in conformity with the construction of a building for which a permit has been issued in accordance with the build- ing laws. The use of land for any purpose other than those specifically provided for in these by-laws is hereby forbidden except by the permission of the Board of Zoning Appeals.
Mr. Newton for the Planning Board MOVED adoption
Mr. Sheehy explained the re-zoning committee's recommendation.
Mr. Cain stated the words "for sale" opens a loophole and MOVED That words "for sale" be eliminated and the words "except for reuse on made property and" substituted.
Discussion ensued with Messrs. Sheehy and Cannitf.
Comes the question on the amendment of Mr. Cain to Mr. Newton's motion. The noes have it and it is
LOST
Comes the question on Mr. Newton's motion
SO VOTED UNANIMOUSLY
SECTION VI (Same as Article 13)
By changing Section VI, Item 4, so as to read as follows:
4. Lot Size. In a residential district no dwelling shall be erected or maintained except on lots containing 10,000 square feet each and having a frontage of not less than 100 feet at the building line, and not more than one dwelling shall be erected on each such .lot except that (a) a lot of less than 20,000 square feet and more than 15,000 square feet may be divided into lots containing not less than 7,500 square feet each and having a frontage of not less than 75 feet at the building line and (b) if a lot con- tains more than 20,000 square feet and if after division into as many 10,000 square feet lots as practicable, there remains a lot of 7,500 square feet or more, one dwelling may be erected on such remaining lot provided the same has a frontage of not less than 75 feet. One dwelling may be erected on a lot containing less than 10,000 square feet, or having a frontage of less than 100 feet, if such lot was recorded at the time of adoption of this by-law, either if separately owned, and contains 3,200 square feet and did not at the time of such adoption adjoin other land of the same owner available for use in connection with said lot. Any recorded lot size may be increased subject to approval of the Board of Appeals.
58
Mr. Newton for the Planning Board MOVED adoption
Mr. Thayer asked if "and" in the 15th line should read, "or" and Mr. Lane stated the description as written is correct. Mr. Cain said the phras- ing should be clarified and MOVED that this particular section be laid on the table. The noes have and the motion is LOST
Comes the question on the motion of Mr. Newton. The Chair in doubt the tellers are called who report
ayes 127 nayes 10 and the motion is CARRIED by more than a 2/3 vote.
SECTION VI. By adding a new item designated 7, so as to read as follows:
7. No lot on which is located any building used for residence purposes in any district shall be reduced or changed in area or shape so that the building or lot fails to comply with the provisions of this by-law. This section, however, shall not apply in the case of lot a portion of which may be transferred for a municipal purpose.
Mr. Newton for the Planning Board MOVED adoption. SO VOTED UNANIMOUSLY
SECTION VII. ADMINISTRATION
By designating the present item 1, item la, and by adding item 1b and item 1c to read respectively as follows:
1b. If the Inspector of Buildings shall be informed, or have reason to believe that any provision of this by-law has been, is being or may be violated, he may make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If he shall find any such violation he shall give notice thereof in writing to the owner or his duly authorized agent and to the occupant of the premises and order that any use of any building contrary to the provisions of this by-law immediately ceases.
Mr. Newton for the Planning Board MOVED adoption UNANIMOUSLY ADOPTED
1c. If, after such notice, the premises are continued to be used in a manner contrary to the provisions of this by-law, or if any such owner or occupant shall fail to obey any lawful order of the Inspector of Build- ings in respect to any violation or use contrary to the provisions of this by-law, the Inspector of Buildings 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.
Mr. Newton for the Planning Board MOVED adoption
SO VOTED UNANIMOUSLY
CHANGES OF DISTRICTS
Section 1 Item 1. Sheep Island, Slate Island and Grape Island off the coast of North Weymouth shall be classified as residential. Mr. Dasha inquired why Sheep Island is included in this group. Mr. Sheehy explained that Hull collects the taxes, the Land Court places it in Hull, archives in the State House say it is part of Norfolk County and in Weymouth and Weymouth Historical Society place it in Weymouth. Mr. Newton MOVED adoption
59
Mr. Dasha MOVED that Sheep Island be eliminated from this group. The noes have it and his motion is
LOST
Comes the question on the motion of Mr. Newton
SO VOTED UNANIMOUSLY
Residential to Industrial (a)
Mr. Newton for the Planning Board MOVED that the description given under this item be revised to read:
"The area commencing at the present industrial district at the junction of Bridge Street and Back River, thence extending along the northerly side of the present business district on Bridge Street to a point 300 feet distant easterly from Neck Street and thence northerly 300 feet distant easterly from and parallel to Neck Street to a point 650 feet northerly from the present business zone and thence easterly parallel to Bridge Street and 650 feet from the present business district to the Weymouth Back River." and that the Planning Board MOVES "no action".
Comes the question on Mr. Newton's substitute motion SO VOTED UNANIMOUSLY
(b) The land on both sides of King Avenue extending southerly from Broad Street a distance of 1,200 feet bounded by the easterly line of the Boston Edison Company and westerly by a stone wall running along the westerly boundary of the old Hunt Fireworks property, so called.
Mr. Newton for the Planning Board MOVED adoption UNANIMOUSLY ADOPTED
Residential to Limited Business
(a) The area on both sides of North Street from the Old Colony Railroad northerly to the junction of East Street including the triangular piece bounded by North Street, East Street and Green Street together with an area on East Street opposite said triangular piece extending from Green Street to Rinaldo Road.
Mr. Newton for the Planning Board MOVED "no action". SO VOTED UNANIMOUSLY
(b) The area on Broad Street commencing at the present business district on Broad Street at or near the Central Fire Station and extending westerly on both sides of Broad Street to and including the business dis- trict at Central Square, thence on the southerly side of Broad Street to the Clapp Memorial Field and on the northerly side of Broad Street to a point 200 feet west of Center Street.
Mr. Newton for the Planning Board MOVED adoption UNANIMOUSLY ADOPTED
(c) Commencing at the point on Broad Street at the easterly end of the Boston Edison Company line and extending on the northerly side of Broad Street to the present business district at Broad and Washington Streets and commencing on the southerly side of Broad Street at the boundary of the Industrial area set forth in Section 11 above and extend- ing to the present business area at Broad and Washington Streets.
Mr. Newton for the Planning Board MOVED adoption
Mr. Crehan questioned and was advised by Mr. Sheehy that the com- mittee was looking ahead 15 to 20 years to business expansion in this dis- trict.
60
Comes the question on Mr. Newton's motion for adoption. A doubt and the tellers take the count and report
yes 46
no 78 and the motion is
LOST
(d) The area on both sides of Federal Street commencing at Sum- mer Street and extending easterly 240 feet.
Mr. Newton for the Planning Board MOVED that this be rejected SO VOTED UNANIMOUSLY
(e) Mr. Newton for the Planning Board MOVED that the item be revised to read as follows and adopted -
"Commencing at a point on Washington Street opposite the inter- section of Congress Street and extending northeasterly at right angles to Washington Street to the division line between Precinct 3 and Precinct 6 and extending along in a southerly direction along the division line be- tween Precinct 3 and Precinct 6 to the division line between Precinct 3 and Precinct 4 to a point opposite the end of the present business zone."
Comes the question on Mr. Newton's motion as thus amended UNANIMOUSLY ADOPTED
(f) The district on the southerly side of Washington Street com- mencing opposite 660 and extending to Winter Street together with the area enclosed by Winter, Main and the present limited business district on Washington Street and including the southerly side of Winter Street and the district on the westerly side of Main Street from Winter Street to Washington Street.
Mr. Newton for the Planning Board MOVED adoption
Mr. Granger explained there is a well here used by the Town and that the proposed Planning Board motion would interfere with the water supply. He MOVED - that the words "and including the southerly side of Winter Street" be eliminated from this motion.
Mr. Sheehy said this woud be acceptable to the Zoning Committee if it is to the Planning Board.
Comes the question on Mr. Granger's amendment to the Planning Board's motion
UNANIMOUSLY ADOPTED
(g) The district on Washington Street from the present business dis- trict at the junction of Pleasant and Washington Streets to the Hingham line.
Mr. Newton for the Planning Board MOVED adoption SO VOTED UNANIMOUSLY
(h) Commencing at a point 240 feet east of the intersection of Park Avenue West and Columbian Street and proceeding to the present business district at the junction of Forest and Columbian Streets.
Mr. Newton for the Planning Board MOVED adoption
Discussion ensued with Messrs. Shaw, Neary, Gunn and O'Donnell. Comes the question on Mr. Newton's motion. The tellers take the count and report
Yes 9
no 122 and the motion is
LOST
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(i) Commencing at the intersection of Ralph Talbot Street and Pleasant Street and running in a southwesterly direction on both sides of Pleasant Street to the present business district at Columbian Square.
Mr. Newton for the Planning Board MOVED adoption
Mr. Hurst MOVED the substitute motion of "no action"
Comes the question on Mr. Hurst's substitute motion SO VOTED UNANIMOUSLY
(j) Commencing at the present business district in Columbian Square and running along both sides of Columbian Street to the intersection of Main Street and extending on both sides of Columbian Street to Main Street.
Mr. Newton for the Planning Board MOVED adoption
Mr. Neary offered the substitute motion of "no action"
Mr. Canniff claimed he was confused by the wording of item (j) which seemed repetitious. Mr. Sheehy said it is a misprint and should end after the first "Main Street".
Comes the question on Mr. Neary's substitute motion of "no action" SO VOTED UNANIMOUSLY
MOVED That this meeting adjourn
The noes have it and the motion is
LOST
(k) Commencing at the present business district in Independence Square and extending Southerly on Pond Street to the present business area at South Weymouth Railroad Station.
Mr. Newton for the Planning Board MOVED adoption
Opposition and the count is ordered, and the tellers reporting Yes 122 no 10 and the motion is
CARRIED by more than a 2/3 vote
(1) Commencing at the present business district on Union Street and extending northerly 600 feet and bounded westerly by the property of the United States Naval Air Station.
Mr. Newton for the Planning Board MOVED adoption
Mr. Neary MOVED the substitute motion of "no action"
Comes the question on Mr. Neary's substitute motion. The noes have it and is
LOST
Comes the question on the motion of Mr. Newton. Tellers take the count and report
131
Yes no 6 and over 2/3 vote the motion is
CARRIED
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(m) Commencing on Main Street at the Old Colony Railroad and extending southerly to the Abington line excluding, therefrom, the present business district at the intersection of Main and Pond Streets known as Fountain Square.
Mr. Newton for the Planning Board MOVED adoption UNANIMOUSLY ADOPTED
(n) Commencing at a point at the junction of Park Ave. West and Main Street and running westerly a distance of 400 feet.
Mr. Newton for the Planning Board MOVED "no action" UNANIMOUSLY ADOPTED
(0) The area enclosed by Manzanetta Avenue, Chandler Street, Pleasantview Avenue and Biscayne Avenue.
Mr. Newton for the Planning Board MOVED adoption
Mr. Elkins offered the substitute motion of "no action"
Comes the question on Mr. Elkins substitute motion
SO VOTED UNANIMOUSLY
SECTION 1. Item 2.
Mr. Newton for the Planning Board MOVED - That the words, "In a business district" be inserted so as to read:
"In a business district the boundaries between districts are unless otherwise shown, lines parallel to and one hundred twenty feet distant from the street line on the less restricted side of the lot."
The Planning Board further MOVES that a new item be added to this section so as to read:
SECTION 1, Item 2a:
"In a limited business district the boundaries between districts are. unless otherwise shown, lines parallel to and two hundred forty feet dis- tant from the street line on the less restricted side of the lot."
Comes the question on the Planning Board's motion under Items 2 and 2a
UNANIMOUSLY ADOPTED
Comes the question on all of Article 18 as it has been adopted item by item -
Mr. Sheehy asked that the word "occupants" in Sec. 2, Resident Dis- tricts Uses, Item 3, 3rd line, read "occupation".
SO VOTED UNANIMOUSLY
Comes the question on all of Article 18 as adopted either by a 2/3 vote or unamimously - or rejected by no action vote
Mr. Cain asked that the phrasing under Sec. VI, Item 4, be clarified.
Mr. Lane MOVED that the word "either" in fourth from last line be deleted.
Mr. Cain MOVED that this item be laid on the table until the ad- journed meeting.
Mr. Sheehy suggested the deletion of "either".
63
Comes the question on Mr. Cain's motion. The noes have it and it is LOST
Comes the question on Mr. Lane's motion
SO VOTED UNANIMOUSLY
Comes the question on the adoption of Article 18 as amended and adopted item by item
Mr. Thorp MOVED the amendment to "Residential to Limited Busi- ness Item (f) that it read "commencing" "opposite" 660, instead of "at". SO VOTED UNANIMOUSLY
Comes the question on all of Article 18 as thus amended and adopted item by item
UNANIMOUSLY ADOPTED
Mr. Lane for the Appropriation Committee MOVED an expression of appreciation to the Committee on Rezoning and that they be instructed to continue
The Chair, in accepting the motion, said it was taking the liberty of dividing it, as follows:
1. That the present Committee on Re-Zoning be continued SO VOTED
2. That a rising vote of thanks be accorded the Committee on Re- zoning.
SO VOTED
MOVED That this meeting adjourn.
SO VOTED
Meeting adjourned at 12 midnight until Friday evening, March 9, at 7:45 P.M.
A True Copy Attest
HARRY CHRISTENSEN Town Clerk
ADJOURNED ANNUAL TOWN MEETING Friday, March 9, 1951
The Adjourned Annual Town Meeting was called to order at 7:55 in the evening of March 9, 1951 by the Annual Moderator, Mr. Daniel L. O'Donnell.
There were 163 Town Meeting Members present.
There were no Town Meeting Members to be sworn.
Prayer - opening with a silent thought for the troops in Korea - was offered by the Rev. Arthur W. Dycer, Pilgrim Congregational Church, North Weymouth.
At the outset the Chair stated that as presiding officer he hoped to finish with the Articles in the Warrant this evening, without in any way limiting debate or intelligent answers by Department heads and others concerned. Thanks were extended to the local press for its com- mendation of Town Meeting Members.
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We now continue with discussion of the Articles in the Warrant.
ARTICLE 13. This Article was read previously.
Mr. Lane MOVED the substitute motion "no action because action had been taken under Article 18".
SO VOTED
MOVED
ARTICLE 14. That Section 718 of the By-Laws be so amended.
It was suggested that the words "nor unless it has" be inserted after "area" in the 2nd line; but Mr. Lane stated the article as written is correct.
Comes the question on Mr. Lane's Substitute Motion
SO VOTED
MOVED
ARTICLE 15. Mr. Roulston stated Articles 14, 15, 16, 17, 19, 20, 21; 22 and 23 are not legally before the meeting as there had been no public hearings by the Planning Board. The Chair advised 14 ad 15 come under the Building By-Laws and not Zoning.
Comes the question on Article 15 - that Section 722 of the By-Laws be so amended
SO VOTED UNANIMOUSLY
MOVED
ARTICLE 16. That Article X, Section 11, Item 9 of the Zoning Laws be so amended.
Mr. Lane MOVED the substitute motion "no action" as it has been already taken up under Article 18".
Comes the question on Mr. Lane's substitute motion
SO VOTED UNANIMOUSLY
MOVED
ARTICLE 17. That Article X, Section VI of the Zoning By-Laws be so amended.
Mr. Lane MOVED the substitute motion "no action as this article has already been taken up under Article 18."
Comes the question on Mr. Lane's substitute motion SO VOTED UNANIMOUSLY
MOVED
ARTICLE 19. That the suggested change in the Zoning By-Laws be referred to the Re-Zoning Committee appointed under Article 38 of the Annual Town Meeting March 6, 1950, and the Committee be instructed to report on the matter at the next annual Town Meeting.
Mr. Lane MOVED the following substitute motion - "no action."
Comes the question on Mr. Lane's substitute motion SO VOTED UNANIMOUSLY
MOVED
ARTICLE 20. That the proposed amendment to the Zoning By-Laws be referred to the Committee on Re-Zoning for a further report.
65
Mr. Lane stated this article had already been acted upon under Article 18 when "no action" was voted. He MOVED the substitute motion "no action" under the subject Article 20.
Discussion ensued as to whether or not this article was properly be- fore the meeting. Judge Nash ruled - after Messrs. Lane, Chisholm and Cadman had spoken - that the Town Meeting has the right to adopt, reject or amend and that the Article is properly before the meeting.
Mr. Noyes offered the following substitute motion:
That the Town vote to amend the Zoning By-Laws to classify as "limited business" instead of "residential" that property in South Wey- mouth owned by the "Union Congregational Society of Weymouth" and known as their Parish House and Parsonage.
This land beginning at the northwest corner of Columbian St. and Fogg Rd., running northwesterly by Columbian St. about 330 feet; thence southwesterly by land of George Emerson about 300 feet; continuing south- westerly by land of the South Shore Hospital about 25 it; thence southerly by land now or formerly of Jesse K. Newbert, about 175 ft; thence north- easterly by Fogg Rd., about 365 ft; to the point of beginning; containing about 74,900 sq. ft. of land.
And that the Town Clerk be instructed to carry out the procedural steps for amendment of a zoning by-law as it pertains to Towns. (See G.L.Ch. 40, Secs. 25-32.)
Mr. Noyes spoke for the sponsors of the article and Dr. Emerson and Mrs. Pruden in rebuttal.
Comes the question on Mr. Noyes' substitution motion. The tellers take the count and report
yes 33
no 90 and the motion is
LOST
Comes the question on Mr. Lane's substitute motion of "no action" SO VOTED
MOVED
ARTICLE 21. That the proposed amendments to the Zoning By-Laws be referred to the Committee on Re-Zoning for a further report.
Mr. Lane MOVED the substitute motion of "no action" SO VOTED
MOVED
ARTICLE 22. That the propsed amendment to the Zoning By-Laws be referred to the Committee on Re-Zoning for a further report.
Mr. Lane MOVED the substitute motion "no action as this has already been taking up under Article 18."
SO VOTED
MOVED
ARTICLE 23. That the proposed amendment to the Zoning By-Laws be referred to the Committee on Re-Zoning for a further report.
Mr. Lane MOVED the substitute motion "no action" as no public hear- ing had been held by the Planning Board.
SO VOTED
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MOVED
ARTICLE 24. That the sum of $10,000.00 be raised and appropriated to the Selectmen's Account for Civil Defense expenditures; such sums as are appropriated to be spent under the direction of the Board of Select- men upon authorization of the Civil Defense officials. $10,000.00
Mr. Causer - for the Civil Defense Committee - outlined the work underway and what has been accomplished to date. He brought out the fact that Weymouth is organized for Civil Defense better than a great many other towns and indicated volunteers would be welcomed.
Comes the question on the Appropriation Committee's motion SO VOTED
MOVED
ARTICLE 25. "No action as this has already been taken up under Article 1."
SO VOTED
MOVED
ARTICLE 26. That the sum of $5,000.00 be raised and appropriated and expended by the Fire Department for the installation of main fire alarm circuits from Broad Street Station to Central Square under the direction of the Chief of the Fire Department. $5,000.00 UNANIMOUSLY ADOPTED
MOVED
ARTICLE 27. That the sum of $5,000.00 be raised and appropriated for Dutch Elm Disease control work and the Board of Selectmen are here- by instructed to enter into contract to have this work done.
Mr. Hebert presented the following Substitute Motion:
That the sum of $5,000.00 be raised and appropriated for Dutch Elm Disease control work and the Board of Selectmen be instructed to enter into any contracts pertaining to this work; and that the sum of $6,000 be set aside in the reserve fund for the control of Dutch Elm Disease; said monies to be used only if the Dutch Elm Disease situation becomes urgent and that the money be released for other uses if the need for Dutch Elm Disease does not require it after October 15th of this year, and that the Board of Selectmen be instructed to enter into any contracts pertaining to this work.
Mr. Dizer remarked the Town Meeting has no right to specify what shall be done with the reserve fund. Discussion in which Messrs. Lovell. Fern, Hebert, Causer and Mrs. Blanchard entered followed.
Comes the question on Mr. Hebert's substitute motion.
Mr. Lane suggested that the Committee instructed to study the Dutch Elm Disease give its report at this time. Mr. Shaw read the printed re- port, as follows, copies of which were available to Town Meeting members
March 3, 1951
To the Citizens of the Town of Weymouth:
A Committee to study the Dutch Elm Disease in Weymouth and to report on its findings at this meeting was appointed by direction of the Town Meeting in special session October 2, 1950. This committee reports as follows:
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Four meetings have been held, all of them given over largely to obtain- ing a detailed understanding of the damage done by the Dutch Elm Disease, the manner in which it is spread, its prevalence in Weymouth and adjoining towns, the tell-tale signs which indicate its presence and the necessary measures to eradicate it or to keep it in check. To facilitate the committee's work, City Forester A. Warren Stewart of Quincy and Tree Warden John Fee of Hingham kindly accepted an invitation to appear at one meeting, and much valuable information was obtained from them. although it became evident at once that the Weymouth Tree Warden was considered by them to be among the best qualified men in the State in dealing with the present difficult situation. Quincy and Hingham have been especially successful in reducing the number of infected trees to a minimum. Abington, Rockland and Braintree, which also border Wey- mouth, have not as yet done as well. It appears to the committee that some phases of the present campaign are not sufficiently well understood by our citizens in general. There can be no doubt that Weymouth will, before many years, lose all its mangnificant elms unless drastic and active measures are continued to keep the disease in check. Apart from this appalling prospect, is the fact that diseased trees are a menace to life and property. That is because the limbs and tops become increasingly brittle and are likely to fall on individuals, automobiles and buildings in the face of a high wind.
Then there is the fact that cut elm wood or branches, if left on the ground with the bark on, may soon come to harbor hundreds of the bark beetle which is responsible for carrying the disease spores from tree to tree. Cut elms are such a hazard that a State law has been passed imposing a fine of $200 for permitting the presence of elm logs on one's property unless the bark has been removed and burned or the logs sprayed on all sides with DDT.
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