USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1958 > Part 7
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portion of Lot 21, Sheet 5, Great Hill Park, bounded on the north by a roadway, cn the east by Bradley Road, on the south by a stone wall and on the west by a stone wall, containing approximately 46,000 sq. ft., to be used for water supply purposes.
A certain parcel of land in Weymouth, Norfolk County, Common- wealth of Massachusetts as shown on a plan entitled "Plan of Land, Water Tank Site", dated February 1958 plan number 1068-B made by Arthur J. Bilodeau, Town Engineer, bounded and described as follows:
Beginning at a stone bound on the westerly sideline of Bradley Road and running along a line bearing N 89°30'00" W for a distance of two hundred eighty and 49/100 feet (230.49'); thence turning and running along a line bearing N 28°22'00" W for a distance of one hundred sixty- four and 67/100 feet (164.67'); thence turning and running along a line bearing N 67º44'00" E for a distance of one hundred sixty-nine and 92/100 feet (169.92'); thence turning and running along a curve with a central angle of 94°58'40" and a tangent one hundred nine and 09/100 feet (109.09') for a distance of one hundred sixty-five and 76/100 feet (165.76'); thence turning and running along a curve with a central angle of 129°10'20" and a tangent of one hundred thirty and 49/100 feet (130.49') for a distance of one hundred thirty-nine and 79/100 feet (139.79'); thence turning and running along a curve with a central angle of 34°07'20" and a tangent seventy-six and 47/100 feet (76.47') for a distance of one hundred forty-eight and 39/100 feet (148.39') to point of beginning; con- taining 66,035 square feet.
Mr. Lane spoke on the motion.
Comes now the question on the motion by the Appropriation Com- mittee.
UNANIMOUSLY VOTED
ARTICLE 27. (At Request of Board of Water Commissioners). To see if the Town will vote that the Moderator appoint a committee con- sisting of the Senator and the Representatives from this district to in- troduce legislation in the General Court, authorizing the Town of Wey- mouth to transfer to the authority and supervision of the Board of Water Commissioners or Commissioners of Public Works, to be used for water supply purposes, a portion of the Great Hill Park and more fully des- cribed in Article 26 or take any other action in relation thereto.
MOVED by the Appropriation Committee:
That the Town Vote to authorize the Moderator to appoint a com- mittee consisting of the Senator and Representatives from this district to introduce legislation in the general court, authorizing the Town of Wey- mouth to transfer to the authority and supervision of the Board of Water Commissioners and/or the Board of Public Works, a portion of Great Hill Park more fully described in Article 26, to be used for water supply purposes.
Discussion ensued involving Mr. Lane and Mr. Bean, Superintendent of the Water Department.
Ccmes now the question on the motion by the Appropriation Com- mittee.
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UNANIMOUSLY VOTED
ARTICLE 28. (At Request of Board of Water Commissioners). To see what sum of money the Town will vote to take from surplus funds of the Water Department or otherwise and appropriate for the development of additional emergency well fields, including wells, pipes, pumping station and new pumping station equipment or take any other action in relation thereto.
Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: That the Town appropriate from surplus funds of the Water Department the sum of $15,000.00 for the development of additional emergency well fields, including wells, pipes, pumping station, and new pumping station equipment. $15,000.00
Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: That the Annuual Town Meeting adjourn at 11:06 P.M. until 7:45 P.M. Wednesday, March 5, 1958.
A True Copy Attest :
HARRY CHRISTENSEN
Town Clerk
ADJOURNED ANNUAL TOWN MEETING WEDNESDAY, MARCH 5, 1958
The Adjourned Annual Town Meeting was called to order at 7:45 o'clock in the evening of Wednesday, March 5, 1958 by the Annual Modera- tor, Mr. Daniel L. O'Donnell.
There were 186 Town Meeting Members present.
Prayer for Divine Guidance was offered by Rev. Fr. Raymond F. Valle, Assistant Pastor of St. Francis Xavier Roman Catholic Church in South Weymouth.
There were no Town Meeting Members to be sworn in.
The Moderator declared a quorum present.
The Moderator recognized the presence of a group of Girl Scouts from the North Weymouth Girl Scouts Association and a group of Boy Scouts from the St. Jerome's Troop, both groups studying Town Govern- ment.
We now continue with consideration of the Articles in the Warrant. At this point reconsideration was taken of the action on certain Items under Article 1, which Items and action will be found on other pages of this record as follows: Item 2, page 6; Item 23, page 11; Item 27, page 13; Item 34, page 18; Item 37, page 18; Item 38, page 19.
The Moderator then made the following statement: The question now comes on the acceptance of Article 1 in toto as amended and voted Item by Item.
UNANIMOUSLY VOTED
MOVED by the Appropriation Committee:
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Reconsideration of Article 1.
Vote was taken and the Moderator declared the motion by the Ap- propriation Committee LOST.
Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: That Articles 8 and 9 be considered in conjunction as one Article.
ARTICLE 8. (By Direction of Selectmen). To see what sum of money the Town will vote to raise and appropriate to reconstruct, resurface, widen, straighten, relocate or work, Commercial and Pleasant Streets and/or any other streets, or any portion of said way and for the build- ing of any bridges, drains and conduits, or securing easements which may be necessary in connection therewith, and to see whether the Town will authorize the Board of Selectmen to accept deeds of any reservation strips existing in connection with said street, provided the State, or coun- ty, or both will appropriate a sum of money to help defray the expenses of such work; and transfer from surplus funds that the Town may have, the county and state share of said cost, the amount of this transfer or reimbursement to be credited to the account from which it came; and will authorize the Board of Selectmen to acquire by gift, purchase or take by right of eminent domain in fee or otherwise for all purposes of a pub- lic street and highway in and over said street and such property as may be necessary or take any other action in relation thereto.
ARTICLE 9. (By Direction of Selectmen). To see if the Town will raise and appropriate or borrow the sum of $250,000.00 for continuance of the Major Highway Program for reconstruction of main streets and roads including Commercial, Church, Green, Evans, Pleasant Streets provided that Chapter 90 funds, if any, may be used for this purpose or take any other action in relation thereto.
MOVED by the Appropriation Committee :
That the sum of $158,000.00 be raised and appropriated to the High- way Department and/or the Board of Public Works for the reconstruc- tion or widening of Commercial Street, Church Street, and Pleasant Street and other streets or portions of streets including sidewalks and curbing, land damages and the cost of pavement laid at the time of said construction or widening, and the construction of permanent pavement in connection with such reconstruction or widening under specifications approved by the Department of Public Works, and that the Board of Selectmen be authorized to accept any deeds or any reservation strips in connection with said streets and to acquire by gift, or purchase or take by right of eminent domain for all purposes of public streets or highways such as may be necessary; and to meet said appropriation $58,000.00 shall be appropriated from the Excess and Deficiency Account; and the Treas- urer with the approval of the Board of Selectmen is hereby authorized to borrow the sum of $100,000.00 and to issue such bonds or notes under clause (5) of Section 7 of Chapter 44 of the General Laws as amended payable in accordance with said Chapter 44 in not more than 10 years from their respective dates; provided, that any or all construction may be done under the provisions of Chapter 90 of General Laws and that all construction shall be done by private contract under the direction of the Board of Public Works and/or the State Department of Public Works and that the streets to be constructed other than those specifically desig- nated above are to be selected by the Board of Public Works. Provided further $30,000.00 of the appropriation from the Excess and Deficiency
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Account and the proceeds of the bonds shall be expended under said clause 5 for the purposes of said clause and only on Commercial Street,
Church Street, Pleasant Street, and Evans Street. $53,000.00 $100,000.00
Discussion ensued involving Mr. Newton, Secretary of the Appropria- tion Committee, and Mr. Roulston, Acting Town Accountant.
Mr. Roulston, Acting Town Accountant, suggested the following ad- dition to the motion by the Appropriation Committee:
All payments from State and County to revert to the Excess and De- ficiency Account.
The suggested addition by Mr. Roulston to the motion by the Appro- priation Committee was unanimously accepted by the Appropriation Com- mittee.
Comes now the question on the motion by the Appropriation Com- mittee including the addition as proposed bv Mr. Roulston and unani- mously accepted by the Appropriation Committee.
UNANIMOUSLY VOTED
ARTICLE 22. (At Request of the Drainage Committee). To see what sum of money the Town will vote to raise and appropriate, by taxa- tion or otherwise, for drainage purposes (for stream improvement) from Weymouth Back River to Whitman Pond; consisting of flood-flow con- duit and channel and works at dams as recommended by Metcalf and Eddy, Engineers, in report to Weymouth Drainage Committee, dated March 11, 1957.
That the sum of money named shall be made available only if the State, under General Laws, Chapter 91, will pay a sum of money propor- tionate to the cost of construction under the provisions of said chapter.
Provided further, that such work shall be done by private contract under the direction of the Board of Selectmen and/or the State Depart- ment of Public Works.
Also, to see if the Town will assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as amended by Chap- ter 516 and 524, Acts of 1950, for all damages that may be incurred by work to be performed by the Department of Public Works of Massachu- setts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tidewaters, foreshores and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth; or take any other action in relation thereto.
MOVED by the Appropriation Committee:
That the Town raise and appropriate the sum of $110,500.00 for drain- age purposes and for stream improvements, from Weymouth Back River to Whitmans Pond; consisting of flord-flow conduit and channel and works at dams, bridges, and walls as recommended by Metc If and Eddy, Engineers, in a report to the Weymouth Drainage Committee dated March 11, 1957. Of the sum appropriated $5,205.71 shall be re-appropriated from the Libby Field Account; $5,294.29 raised by Tax Levy; and to meet the
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balance of the said appropriation the Treasurer with the approval of the Board of Selectmen is hereby authorized to borrow the sum of $100,000.00 and to issue bonds or notes under Chapter 44 of the General Laws as amended, payable in accordance with said Chapter 44 in not more than 10 years from their respective dates.
$5,205.71 $5,294.29 $100,000.00
Provided further that the sum of money shall be made available only if the State, under General Laws, Chapter 91, will agree to pay a sum of money proportionate to the cost of construction under the provision of said Chapter.
Provided further that the Town assume liability in the manner pro- vided by Section 29 of Chapter 91 of the General Laws as amended, for all damages to property suffered by any person by any taking of land or of any right, interest or easement therein within the Town, made by the State Department of Public Works in carrying out the purposes of the vote; and the Board of Selectmen are authorized to execute and deliver a bond of indemnity therefor to the Commonwealth.
Provided further that such work will be done by contract under the direction of the State Department of Public Works and/or the Board of Public Works.
Discussion ensued involving Mr. Newton, Secretary of the Appropria- tion Committee; Mr. Roulston, Acting Town Accountant; Mr. Lane, and Mr. Granger, Town Treasurer.
Comes now the question on the motion by the Appropriation Com- mittee.
UNANIMOUSLY VOTED
Upon motion duly made by Mr. Lane, it was
UNANIMOUSLY VOTED: That the Moderator appoint a committee, consisting of the Senator and Representatives from this district, to sub- mit the necessary legislation to carry out the intent of this Article.
ARTICLE 29. (At Request of the Re-Zoning Committee). To see if the Town will vote to amend its Zoning Laws and Zoning Map, Article X of the Town By-Laws, by making the following changes:
Change of District.
From Residential to Industrial, land shown on the Weymouth Town Atlas as revised to January 1, 1957 or take any other action in relation thereto, more particularly
Southwesterly side of Anne Street bounded by the Holbrook and Ab- ington Line.
MOVED by Mr. Heffernan, Chairman of the Planning Board:
That the Town vote to amend its Zoning Laws and Zoning Map, Ar- ticle X of the Town By-Laws by making the following change of District
From Residential to Industrial
Southwesterly side of Anne Street bounded by the Holbrook and Ab- bington Line.
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MOVED the following substitute motion by Mr. Newton, Secretary of the Appropriation Committee:
That the subject matter of this Article be referred to the next An- nual Town Meeting.
MOVED the following substitute motion by Mr. Lane:
No action.
Discussion ensued involving Mr. Lane and Mr. Newton, Secretary of the Appropriation Committee.
Comes now the question on the substitute motion by Mr. Lane.
Vote was taken and the Moderator declared the substitute motion by Mr. Lane LOST.
Comes now the question on the substitute motion by Mr. Newton. UNANIMOUSLY VOTED
ARTICLE 30. (At Request of the Re-Zoning Committee). To see if the Town will vote to amend its Zoning Laws and Zoning Map, Article X of the Town By-Laws, by making the following changes:
Change of District.
From Residential to Limited Business, land shown on the Weymouth Town Atlas as revised to January 1, 1957 or take any other action in re- lation thereto, more particularly
Areas on both sides of Main Street, from the business area at Derby Street to the limited business and business areas South to the present limited business areas at the Old Colony Railroad; and from the present business area at Derby Street, North to the limited business area at the junction of Main and Pond Streets.
MOVED by Mr. Heffernan, Chairman of the Planning Board:
That the Town vote to amend its Zoning Laws and Zoning Map, Ar- ticle X of the Town By-Laws, by making the following change of district: From Residential to Limited Business, land shown on the Weymouth Town Atlas as revised to January 1, 1957: Areas on both sides of Main Street, from the business area at Derby Street to the limited business and busi- ness areas South to the present limited business areas of the Old Colony Railroad; and from the present business area at Derby Street, North to the limited business area at the junction of Main and Pond Streets.
Discussion ensued involving Mr. Heffernan, Chairman of the Plan- ning Board; Mr. Newton, Secretary of the Appropriation Committee; and Mr. Gallagher.
Comes now the question on the motion by Mr. Heffernan.
UNANIMOUSLY VOTED
ARTICLE 31. (On Petition and by Direction of Selectmen). To see what action the Town will take to rezone that portion of Broad Street between Lincoln Square and Vine Street from Residential to Business.
Upon motion duly made by Mr. Heffernan, Chairman of the Plan- ning Board, it was
UNANIMOUSLY VOTED: No action.
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ARTICLE 32. (At Request of By-Law Committee). To see if th 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: To consider Article 32 section by section.
A. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 201 of the By-Laws by striking out in lines 2 and 3 of Paragraph 1 the words "on or before the 15th of January" and in line 4 the word "preceding" and inserting in place thereof the words "on or before the 31st of December" so as to read as follows: Section 201. The head of each town department, and every committee or board appointed or elected shall on or before the 31st of December report in writing to the Selectmen on their doings during the calendar year and their recommendations for action by the Town.
B. MOVED by the Appropriation Committee:
Amend Section 301 of the By-Laws by striking out in line 6 the words "Neither the Town Clerk, Town Treasurer, Chief of Police, Chief of the Fire Dept., Supt. of the Water Works or any member of the Board of Selectmen, Assessors, or School Committee" and inserting in place thereof the words: "No elected or appointed official other than Town Meeting Member or member of a committee appointed by the Annual Moderator" so as to read as follows: No elected or appointed official other than Town Meeting Member or member of a committee appointed by the Annual Moderator shall be eligible to serve on said committee.
Mr. Newton, Secretary of the Appropriation Committee, spoke on the motion.
Comes now the question on the motion by the Appropriation Com- mittee.
UNANIMOUSLY VOTED
C. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 302 Paragraph 2 by strik- ing out in Line 4 the words "Town Engineer and Supt. of Streets" and in line 6 the words "Board of Survey" and inserting in place thereof the words "Supt. of Public Works" and "Planning Board" so as to read as follows: Before recommending to the town the acceptance of any street which has been laid out as a town way by the Selectmen on peti- tion of the abutters, the committee shall require a report from the Supt. of Public Works as to whether the provisions of law, of these by-laws and of the rules of the Planning Board applicable to such streets have been complied with.
D. MOVED by the Appropriation Committee :
Amend Section 303 of the By-Laws by striking out in line 3 the words "81J" and inserting in place thereof the words "81GG" so as to read as follows: The Planning Board is hereby re-established under the pro- visions of General Laws (Ter. Ed.) Chapter 41, Section 81A to 81GG in- clusive.
MOVED by Mr. Nover, Chairman of the By-Law Committee, the fol- lowing amendment to the motion by the Appropriation Committee:
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To strike out the words "Section 81A to 81GG inclusive" so that Sec- tion 303 of the By-Laws will read as follows: The Planning Board is hereby re-established under the provisions of General Laws (Ter. Ed.) Chapter 41.
Comes now the question on the amendment by Mr. Nover to the mo- tion by the Appropriation Committee.
UNANIMOUSLY VOTED
Comes now the question on the motion by the Appropriation Com- mittee as thus amended.
UNANIMOUSLY VOTED
E. Upon motion duly made by the Appropriation Committee, it was UNANIMOUSLY VOTED: Amend Section 305 cf the By-Laws by adding after the word "town" in line 3, Paragraph 1 the words "except as otherwise provided by Statute" so as to read as follows: The Board of Selectmen shall exercise general supervision over all matters affecting the interests or welfare of the town, except as otherwise provided by Statute. Paragraph 5 is amended by crossing out the words "and Board of Survey" so this paragraph will read as follows: They shall act as Overseers of the Poor.
F. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 405 of the By-Laws by striking out in line 14, of paragraph 1, the figure $300.00 and inserting in place thereof the figure $500.00 so as to read as follows: Section 405. The Selectmen, when in their judgment it is for the best interests of the town so to do, may bring on behalf of the town any proceedings before any court, legislative committee, administrative board or other public official and may answer and defend any such proceedings brought against the town and may appear on behalf of the town in any such proceed- ings instituted by others in which the town has an interest. They may prosecute such suits to final judgment or may compromise any claims by and against the town on such terms as shall seem to them for the best interest of the town, whether or not such claims are in litigation, pro- vided that they shall not, without vote of the town, compromise any tort claim against the town, not in litigation, for a greater sum than $500.00.
G. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 501 by striking out in line 3 the words "Board of Selectmen" and inserting in place thereof the words "Department of Public Works" so as to read as follows: Section 501. 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 Department of Public Works, such permit to be issued only upon the written aplication stating the location and extent of the proposed excavation and a fee of one dollar shall be charged for each permit issued.
H. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 503 of the By-Laws by striking out in line 9 the words "Superintendent of Streets" and insert- ing in place thereof the words "Superintendent of Public Works" so as to read as follows: Section 503. No private way, land or alley shall con- nect with a public highway of the town unless at its junction with each
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highway it shall have a sign reading "Private Way" or "Not a public Way" provided that this provision shall not apply to such private drive- ways not exceeding twelve feet in width as have a gate, gateway or bar- way at their junction with the public highway or are otherwise so con- structed and located that in the opinion of the Department of Public Works they cannot reasonably be mistaken for public highways.
I. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 509 of the By-Laws by striking out in line 2 the words "Superintendent of Streets" and insert- ing in place thereof the words "Superintendent of Public Works" so as to read as follows: Section 509. When it is necessary in the opinion of the Superintendent of Public Works to construct catch-basins on any street or way, and lay drains to connect with a permanent outlet, such catch-basins and drains may be constructed and laid out, and the cost of such work shall be considered as a part of the total cost of construct- ing said street or way.
J. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 510 of the By-Laws by striking out in line 3 the words "Superintendent of Streets" and inserting in place thereof the words "Superintendent of Public Works" so as to read as follows: Section 510. Side gutters on any such street or way having a grade of five percent, or over, may, if in the opinion of the Superintendent of Public Works it be necesary, be paved four feet wide, with stone or concrete the cost of such work shall be considered as a part of the total cost of constructing said streets or way.
K. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 511 of the By-Laws by striking out in line 8 and 9 Paragraph 1 the words "Sewer Water, Street, Health and Engineering Departments" and inserting in place thereof the words "Superintendent of Public Works and Health Department" so that the last sentence will read as follows: He will clear his plans with the Superintendent of Public Work and Health Department who in approving the plan will sign the linen in the appropriate spaces provided.
L. Upon motion duly made by the Appropriation Committee, it was
UNANIMOUSLY VOTED: Amend Section 513 of the By-Laws by striking out in lines 1 and 21 of Paragraph 1 and line 2 of Paragraph 2 the words "Board of Water Commissioners" and inserting in place thereof the words "Board of Public Works".
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