USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1957 > Part 10
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Discussion ensued between Mr. Gallagher and Mr. Jones of the Tufts Library Trustees.
Comes now the question on the amendment by Mr. Gallagher to the motion by the Appropriation Committee.
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Vote was taken and the Chair declared the amendment by Mr. Gal- lagher LOST.
Comes now the question on the motion by the Appropriation Com- mittee.
UNANIMOUSLY VOTED
ARTICLE 50. (On Petition and By Direction of Selectmen). To see if the Town will vote to amend its Zoning By-Laws and Zoning Map, Ar- ticle X of the Town By-Laws, by making the following changes: Change of Districts. From Residential to Business, Lots 8, 9, 10, 11, 12 and 13 now or formerly the property of Charles C. Fortier and Helen E. Fortier, tenants by the entirety, and Lot 14 now or formerly the property of Doro- thea F Fucci, Block 533, Sheet 46, as shown in the Town Atlas revised to January 1, 1956, or take any other action in relation thereto.
MOVED by Mr. Nover of the Planning Board:
That the subject matter of Article 50 be rezoned to Limited Business.
Discussion ensued between Mr. Nover of the Planning Board and Mr. Fryer of the Board of Selectmen.
MOVED the following substitute motion by Mr. Fryer of the Board of Selectmen:
No action.
Lengthy discussion ensued involving several of the Town Meeting Members and residents of the area affected.
Comes now the question on the substitute motion by Mr. Fryer. SO VOTED
(The following action relating to Article 50 occurred at the Adjourned Annual Town Meeting, March 9, 1957.)
MOVED by Mr. Jones:
Reconsideration of Article 50.
Discussion ensued involving several of the Town Meeting Members.
Comes now the question on the motion by Mr. Jones.
SO VOTED
MOVED by Mr. Nover of the Planning Board:
That the subject matter of Article 50 be rezoned to Limited Business.
Further discussion ensued involving Mr Lane, Mr. Burrell, Chairman of the Appeal Board, and Mr. Jones.
MOVED the following substitute motion by Mr. Causer:
No action.
Mr. Lindsay spoke on the motion.
Comes now the question on the substitute motion by Mr. Causer.
Vote was taken and the Chair declared the substitute motion by Mr. Causer LOST.
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Comes now the question on the motion by Mr. Nover.
The Chair ordered a teller count. Count was taken and the tellers reported 76 in favor, 45 opposed. There being less than the necessary two- thirds vote in favor the Chair declared the motion by Mr. Nover LOST.
ARTICLE 51. (At Request of By-Law Committee). To see what sum of money the Town will vote to raise and appropriate for printing the By-Laws of the Town and Rules and Regulations of Town Departments or take any other action in relation thereto.
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: That the By-Laws Committee be con- tinued to further revise the By-Laws of the Town and Rules and Regula- tions of the Town Department and that a sum of $100.00 be appropriated for the use of this Committee. $100.00
ARTICLE 52. (At Request of By-Law Committee). To see if the Town will vote to revise, amend and/or add to the By-Laws of the Town of Weymouth, or take any other action in relation thereto, and more par- ticularly to the following:
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: That Article 52 be considered item by item.
Mr. Nover of the By-Law Committee and Mr. Heffernan of the Com- mittee on Acceptance of Streets spoke on the Article.
A. Amend Section 504 of the By-Laws by striking out the present section and inserting in place thereof the following :- Section 504. All petitions for the acceptance of streets, new or otherwise, must be presented to the Board of Selectmen not later than August first previous to the Annual Town Meeting, and such streets may be accepted only at an annual Town Meeting.
Upon motion duly made by the Appropriation Committee, it was
UNAMIOUSLY VOTED: That Section 504 be so amended.
B. Amend Section 506 of the By-Laws by striking out the present section and inserting in place thereof the following section :- Section 506. No street or way shall be laid out or accepted by the Town of Weymouth of a, width less than forty feet, unless the same shall have been actually opened and used for public travel prior to January 1, 1924 and is recom- mended and approved by the Selectmen, Superintendent of Streets, Super- intendent of Sewers, Superintendent of Water, Public Health Agent and Town Engineer.
Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: That Section 506 be so amended.
C. Amend Section 508 by striking out in line 8 the words "75 percent" and inserting in place thereof the words "90 percent," so as to read as follows :-
Section 508 Any street or way constructed through private land by the owners thereof in accordance with the specifications set forth in Section 511, may be laid out and accepted as a public street in the Town
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of Weymouth, provided such action is taken in accordance with provisions of Chapter 50 of the Revised Laws of Massachusetts and amendments thereof; and provided also, that the owners of at least 90 percent of the lands through which such street or way passes, have signed releases of all property which the town deems it necessary to acquire for such layout and accepted and have granted sloping privileges.
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: No action.
D. Amend Section 511 by striking out the first two paragraphs as most recently amended by vote of the 1956 Annual Town Meeting and inserting in place thereof the following :- Section 511. A plan and profile done in ink on tracing cloth 19 inches wide by 28 inches long or 24 inches wide by 36 inches long at a scale of one inch to 40 feet of each street. The survey and plan work will be accomplished by a private Registered Engineer or Registered Land Surveyor and the cost of the work will be borne by the abutters and/or petitioners. The Engineers or Surveyor will design a satis- factory road grade and indicate the necessary drainage. He will set the necessary bounds as indicated by the Town Engineer. He will clear his plan with the Sewer, Water, Street, Health, and Engineering Departments, who in approving the plan will sign the linen in the appropriate spaces provided.
Such plan will show all physical characteristics of the Street presented for acceptance, i.e., all property lines for at least 50 feet from proposed street, the names of the respective owners as of a date not earlier than September first of the year in which the petition is filed. the correct locations of all buildings. hydrants, catch basins, manholes, utility poles all easements necessary for drainage, sewer or water mains. all stone is filed.
Upon motion duly made by the Appropriation Committee. it was UNANIMOUSLY VOTED: That Section 511 be so amended.
E. Amend Section 501, Paragraph 1 of the By-Laws by striking out in line 7, the words "twenty-five cents" and inserting in place thereof the words "one dollar" so as to read as follows :-
No person or corporation shall make any excavation within the limits of any public way in the town except upon and in accordance with the conditions of a permit to be issued by the Board of Selectmen. such per- mit to be issued only upon the written application stating the location and extent of the proposed excavation and a fee of one dollar shall be charged for each permit issued.
Upon motion duly made by the Appropriation Committee. it was
UNANIMOUSLY VOTED: That Section 501, Paragraph 1 be so amended.
F. Delete Paragraph 3. Section 501 of the By-Laws which now reads: Except in the case of a leak or break in some underground installation or for the purpose of setting telegraph or other poles, 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 for the purposes of this section be determined each year by the Board of Selectmen.
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Upon motion duly made by the Appropriation Committee. it was UNANIMOUSLY VOTED: That Paragraph 3. Section 501 be deleted G. Amend Section 626 of the By-Laws by striking out in line 3 the words "two thousand dollars ($2,000.)" and inserting in place thereof the words "Thirty-five hundred dollars ($3,500.)" so as to read as follows :-
Section 626. If a person is employed by the Town and receives as salary and compensation for such employment a sum in excess of thirty-five hundred dollars ($3500.) he shall not receive any other compensation or salary from the Town derived from any other office position or employ- ment of the Town unless otherwise authorized by vote of the Town.
MOVED by the Appropriation Committee:
No action:
MOVED the following substitute motion by Mr. Nover of the By-Law Committee :
That Section 626 be so amended.
Discussion ensued involving Mr. Lane, Mr. Newton, Secretary of the Appropriation Committee, and Mr. Nover.
Comes now the question on the substitute motion by Mr. Nover.
Vote was taken and the Chair declared the substitute motion by Mr. Nover LOST.
Comes now the question on the motion by the Appropriation Com- mittee.
SO VOTED
H. Amend Section 629 of the By-Laws by striking out in line 4 the words "three years" and inserting in place thereof the words "five years" so as to read as follows :- No street, road or highway in the town shall be opened for installation of sewers, water mains. drains, public utilities or other purposes, except for emergency services, for five years after such street, road or highway has been reconstructed, built or relocated. Prior to reconstruction, rebuilding or relocation of any street, road or highway, the Board of Selectmen shall notify sewer, highway and water depart- ments and telephone, gas and electric companies not less than three months before actual work will be started.
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: That Section 629 be so amended.
I. Amend the By-Laws by adding a new section numbered 630 as follows :- No person, unless required by law so to do, shall make any marks, letters, figures of any kind or place any sign, advertisement or placard (Political or otherwise) upon or against any wall, fence, utility pole, post, ledge, stone, tree, building or structure, in or upon any public way in the town without the permission of the owner thereof, nor upon any sidewalk or upon any property of the town without the consent of the Selectmen. Whoever violates any of the provisions of this section shall be punished by a fine of not more than fifty ($50.00) dollars.
Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: That the By-Laws be amended by adding a new Section numbered 630 in accordance with the subject matter of Paragraph I under Article 52.
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J. Amend the By-Laws by adding a new section numbered 631 as follows :-
Section 631. Any vehicle on a public way in the town interfering with the work of removing or plowing snow, or removing ice therefrom, may be removed by or under the direction of the Superintendent of Streets to a public garage or any convenient place. The Superintendent of Streets shall, within a reasonable time, notify the Chief of Police of the removal of any such vehicle and of the place to which it has been removed and the Chief of Police shall give like notice to the registered owner of the vehicle. The owner, before being permitted to remove the vehicle, shall establish his right so to do and pay to the town or to the keeper of the place of storage, the cost of removal not exceeding ten dollars ($10.00) and any storage charges resulting therefrom, not exceeding one dollar ($1.00) per day.
MOVED by the Appropriation Committee.
No action.
MOVED the following substitute motion by Mr. Nover:
J. Amend the By-Laws by adding a new section numbered 631 as follows :- Section 631. Any vehicle on a public way in the town interfering with the work of removing or plowing snow, or removing ice therefrom, may be removed by or under the authority of the Chief of Police to a public garage or any convenient place. The Chief of Police shall give notice to the registered owner of the vehicle. The owner, before being permitted to remove the vehicle, shall estoblish his right so to do and pay to the town or to the keeper of the place of storage charges resulting there- from, not exceeding one dollar ($1.00) per day.
Discussion ensued involving Mr. Nover, Mr. Lynch, Mr. Cicchese, Town Counsel, and Mr. Jones.
MOVED by Mr. Jones to amend the substitute motion by Mr. Nover as follows:
The Chief of Police shall give notice of place to which it has moved to the registered owner of the vehicle.
Further discussion ensued involving Mr. Chalke, Mr. Lane, Mr. Record and Mr. Nover.
MOVED by Mr. O'Brien to amend the amendment by Mr. Jones to the substitute motion by Mr. Nover as follows:
The Chief of Police shall give notice within a reasonable time of place to which it has been moved to the registered owner of the vehicle.
Comes now the question on the amendment by Mr. O'Brien to the amendment by Mr. Jones
SO VOTED
Comes now the question on the amendment by Mr. Jones as thus amended.
SO VOTED
Comes now the question on the substitute motion by Mr. Nover as thus amended.
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Vote was taken and the Chair declared the substitute motion by Mr. Nover as amended lost. More than seven doubting the vote the Chair ordered a teller count. Count was made and the tellers reported 73 in favor, 48 opposed. The Chair then declared the substitute motion by Mr. Nover as amended.
SO VOTED
K. Amend Section 704 of the Building Code by striking out the second paragraph and inserting in place thereof the following :- Upon request for a building permit, the builder will submit to the building inspector a linen and two prints of the proposed plot plan. The plan will show the entire building lot, a portion of the way or street on location, (public or otherwise) and an accurate location of the proposed building. This plan will be accomplished by a qualified Registered Engineer or Land Surveyor. It will be drawn on cloth in black India ink, scale 1" equals 40 feet, size 91% inches by 14 inches. It will show the survey data required to distinguish the lot and building. The building inspector shall also require that all plans and computations bear the name of the person designing the plans and name of owner of proposed building.
MOVED by the Appropriation Committee:
That Section 704 of the Building Code be so amended.
Discussion ensued involving Mr. Pompeo, Mr. Bilodeau, Town Engineer, Mr. Nover and Mr. Lovell.
Comes now the question on the motion by the Appropriation Committee.
UNANIMOUSLY VOTED
L. Amend Section 715 of the Building Code (By-Laws) by adding thereto the following :- Elevations. All sill elevations of new structures will be set or approved by the Department of Engineering prior to the issuance of a building permit.
Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: That Section 715 of the Building Code be so amended.
(The following action relative to Article 52 occurred at the Adjourned Annual Town Meeting Saturday, March 9, 1957).
MOVED by the Appropriation Committee:
That Article 52 as amended and voted item by item be adopted in toto. Discussion ensued between Mr. Nolan and Mr. Cicchese, Town Counsel.
Comes now the question on the motion by the Appropriation Committee.
UNANIMOUSLY VOTED
Upon motion duly made by Mr. Cahalan, it was
UNANIMOUSLY VOTED: That the Annual Town Meeting adjourn at 12:00 midnight until 1:00 P.M. Saturday, March 9, 1957.
A True Copy Attest:
HARRY CHRISTENSEN
Town Clerk
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ADJOURNED ANNUAL TOWN MEETING Saturday, March 9, 1957
The Adjourned Annual Town Meeting was called to order at 1:00 in the afternoon of Saturday, March 9, 1957 by the Annual Moderator, Mr. Daniel L. O'Donnell.
,Prayer for Divine Guidance was offered by Rev. Frederick T. Burke, Curate of St. Francis Xavier R. C. Church, South Weymouth.
Mr. Cahalan raised the question of a quorum. The Chair thereupon ordered a teller count. Mr. Record was sworn in as Teller for the first division replacing Mr. Gallagher. Count was made and the tellers reported 114 Town Meeting Members present. The Chair then ordered a short l'ecess.
Following a short recess the Chair again called the meeting to order and Mr. Cahalan again raised the question of a quorum. The Chair thereupon ordered a teller count. Count was made and the tellers reported 137 Town Meeting Members present.
There being 137 Town Meeting Members present the Chair declared a quorum present.
There were no Town Meeting Members to be sworn in.
We now continue with consideration of the Articles in the Warrant.
(Further consideration of Article 52 will be found on page 64 of this record.)
(Reconsideration of Article 50 will be found on page 59 of this record.)
ARTICLE 53. (At request of George E. Lane and others). To see if the Town will vote to amend Section 504 of the By-Laws so as to read, "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, and all new streets must be accepted at an annual town meeting," or take any other action in relation thereto.
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: No action.
ARTICLE 54. (At request of George E. Lane and others). To see if the Town will vote to amend Section 404 of the Town By-Laws so as to read ". .. . he shall be responsible for the acts of any assistants employed by him and such assistants shall be paid by the town."
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: No action
ARTICLE 55. (At Request of George E. Lane and others). To see if the Town will vote to amend Section 404A of the Town By-Laws so as to read "The salary of the Town Counsel shall cover all work performed by him except examination of titles to real estate or actual appearance in court in the conduct of litigation or before administrative Boards or other tribunals."
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Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: No action.
(Consideration of Article 56 will be found on page 7 of this record.)
(Consideration of Article 57 will be found on page 1 of this record.)
ARTICLE 58. (At request of Tree Warden and Moth Department). That the Town vote to raise and appropriate the sum of $25,000.00 for the control of Dutch Elm Disease under the requirements of Chapter 132 of the General Laws as most recently amended by Chapter 657 Acts of 1956 or take any other action in relation thereto.
MOVED by the Appropriation Committee:
That the Town vote to raise and appropriate the sum of $2500.00 for the control of Dutch Elm Disease under the requirements of Chapter 132, of the General Laws as most recently amended by Chapter 657 Acts of 1956.
MOVED the following substitute motion by Mr. Hebert, Tree Warden:
That the sum of $25,000.00 be raised and appropriated for the control of Dutch Elm Disease to be spent under the direction of the Moth Superintendent.
Discussion ensued between Mr. Newton, Secretary of the Appropria- tion Committee, Mr. Hebert, Tree Warden, and Mr. Record
Comes now the question on the substitute motion by Mr. Hebert.
Vote was taken and the Chair declared the substitute motion by Mr. Hebert LOST.
Comes now the question on the motion by the Appropriation Committee.
UNANIMOUSLY VOTED
ARTICLE 59. (By direction of Selectmen). To see if the Town will vote to raise and appropriate the sum of $500.00 for the purpose of main- taining during the ensuing year, the mosquito control works as estimated and certified to by the State Reclamation Board in accordance with the provisions of Chapter 112, Acts of 1931 or take any other action in relation thereto.
MOVED by the Appropriation Committee:
That the Town vote to raise and appropriate the sum of $500.00 for the purpose of maintaining during the ensuing year the mosquito control works as estimated and certified to by the State Reclamation Board in accordance with the provisions of Chapter 112, Acts of 1931.
Discussion ensued between Mr. Lane and Mr. Hebert, Tree Warden.
Comes now the question on the motion by the Appropriation Committee.
UNANIMOUSLY VOTED
ARTICLE 60. (By Direction of Selectmen) To see if the Town will vote and appropriate by taxation or otherwise the sum of $8,000.00 for the Town's share in the South Shore Mosquito Control District, or take any other action in relation thereto.
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MOVED by the Appropriation Committee :
That the Town vote to raise and appropriate the sum of $8,000.00 for the Town's share in the South Shore Mosquito Control District, and that the Board of Selectmen be instructed to notify the South Shore Mosquito Control District on the needs of the Town. $8,000.00
Discussion ensued involving Mr. Lane, Mr. Newton, Secretary of the Appropriation Committee, Mr. Record, Mr. Herbert, Tree Warden, Mr. Reilly of the Board of Health.
MOVED by Mr. Pompeo the following amendment to the motion by the Appropriation Committee:
That a committee of five be appointed by the Moderator to study mosquito control to report at the next Annual Town Meeting.
Comes now the question on the amendment by Mr. Pompeo to the motion by the Appropriation Committee.
Vote was taken and the Chair being in doubt a teller count was ordered. Count was taken and the tellers reported 52 in favor, 79 against. The Chair then declared the amendment by Mr. Pompeo LOST.
Comes now the question on the motion by the Appropriation Committee
UNANIMOUSLY VOTED
ARTICLE 61. (At Request of George E. Lane and others). To see what sum of money the Town will raise and appropriate for mosquito control work under the direction of the Tree and Moth Department, or take any other action in relation thereto.
Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: No action.
ARTICLE 62. (By direction of Selectmen). To see what sum of money the Town will vote to raise or appropriate by taxation or otherwise for the continuation of the seawall on Aspinwall Avenue and Fort Point Road; the Wessagusset Beach Area, from North Street to Wessagusset Yacht Club, or take any other action in relation thereto.
MOVED by the Appropriation Committee:
That the Town vote to raise and appropriate $30,000.00 for the Sea- wall Program to be allocated as follows: $30,000.00
Continuation of the sea-wall easterly from Fort Point Road, $15,000.00 The sea-wall from North Street to the Wessagusset Yacht Club, $10,000.00; The sea-wall in the area of Neck Street, $5,000.00, said work to be done under the direction of the Board of Selectmen and/or the Boston Port Authority; provided an equal sum of money is provided by the Boston Port Authority to be used on the same project.
MOVED by Mr. Nover to amend the motion by the Appropriation Committee as follows:
That the Town vote to raise and appropriate $20,000.00 for the Sea- wall Program to be allocated as follows: Continuation of the sea-wail easterly from Fort Point Road, $15,000.00; the sea-wall in the area of Neck Street, $5,000.00; said work to be done under the direction of the
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Board of Selectmen and/or the Boston Port Authority; provided an equal sum of money is provided by the Boston Port Authority to be used on the same project.
Discussion ensued between Mr Nover and Mr. O'Sullivan of the Board of Selectmen.
MOVED the following amendment by Mr. Roulston:
That wherever the words "Boston Port Authority" appear in the motion of the Appropriation Committee, or any substitute motion, that the words "Department of Public Works" be substituted.
Comes now the question on the motion by Mr. Roulston.
UNANIMOUSLY VOTED
Mr. Newton, Secretary of the Appropriation Committee, commented on the subject matter of the Article.
MOVED the following amendment by Mr. Conroy :
That wherever the words "Boston Port Authority" or "Department of Public Works" appear in the motion of the Appropriation Committee. or any substitute motion, that the words "Massachusetts Department of Public Works, Division of Rivers and Waterways" be substituted.
Comes now the question on the amendment by Mr. Conroy.
UNANIMOUSLY VOTED
Further discussion ensued involving Mr. Record, Mr. Newton, Secretary of the Appropriation Committee, and Mr. Nover.
Ccmes now the question on the amendment by Mr. Nover, as thus amended, to the motion by the Appropriation Committee.
Vote was taken and the Chair declared the amendment by Mr. Nover LOST.
Comes now the question on the motion by the Appropriation Com- mittee as amended
UNANIMOUSLY VOTED
ARTICLE 63. (At Request of George E. Lane and others). To see what sum of money the Town will raise and appropriate for sea walls in the Weymouth Back River in area of Neck Street and extension of sea walls on shores of Quincy Bay, or take any other action in relation thereto.
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: No action.
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