USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1934-1936 > Part 33
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"By-Law : The Selectmen are authorized to prosecute, compromise, or defend any suit or suits within the Commonwealth in the name of the Town and to settle any claim against the Town not exceeding twenty-five dollars ($25.00) out of any available funds therefor." Approved April 25, 1934, by the Attorney-General.
Voted, To adopt the following By-Law, Article 11.
"By-Law: The Board of Selectmen shall annually ap- point a member of the bar to serve during their pleas- ure as Town Counsel. The duties of the Town Coun- sel shall be to advise and serve the Board of Selectmen and all other boards, departments and officials of the Town in any and all legal problems and cases arising in the conduct of their respective offices as they may deem necessary."
Approved April 10, 1934, by the Attorney-General.
1936 ANNUAL REPORT ZONING BY-LAW
Section 1. Zone "A" shall be all areas of Scituate not distinguished as section "B" on drawing of said plan of Town of Scituate presented by the Planning Board as of February 11, 1935, and February 18, 1936.
Section 2. Zone "B" shall be as shown on drawing of said Town of Scituate presented by the Planning Board as of February 11, 1935, and February 18, 1936, and as on file at the Town Clerk's Office.
Section 3. In an "A" zone, no building, structure or premises shall be erected, altered or used for any pur- pose except one or more of the following :
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(1) A single family or a two family detached dwel- ling.
(2) A club house, except one whose chief use is for a service customarily carried on as a business.
(3) Church, school, public library, public museum, parish house.
(4) Farm, greenhouse, nursery, truck garden, and the sale of produce raised on land of the owner shall be permitted, provided, such sale does not interfere with traffic on the public way; further, a stand shall be permitted if set back from public way with ample private parking space and of design approved by the Planning Board.
(5) Cemetery, hospital, sanitarium, and philan- thropic institution, but no such permit shall be issued, except with the written approval of the Planning Board and subject to such conditions as the Planning Board may deem it proper to impose.
(6) Passenger station.
(7) Telephone exchange, provided there is no ser- vice yard or garage and that the design of building with reference to harmony with the architecture, characteristic of the district, to be approved in writing by the Planning Board.
(8) The use of a room or rooms in a dwelling as an office or studio or for customary home occupations by a person residing in the dwelling. In such cases a professional sign of not over one square foot in area may be used and there shall be no public display of goods.
(9) A private stable and all farm buildings which are used in connection with and as a part of the oper- ation of the farm.
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(10) A private garage with space for not more than three automobiles to be used in connection with and as an incident of one of the foregoing purposes, pro- vided, as to cach such garage that after a public hear- ing by the Board of Selectmen fourteen days' notice of which shall be published in the local newspaper and marked to the last known address of each owner of property within the five hundred feet of the pro- posed location, the Selectmen shall rule that such garage will not be detrimental or injurious to the neighborhood.
Section 4. Any building structure or premises in an "A" zone which at the time of adoption of this by-law is being used for a purpose not permitted hereunder, may be continued to the same extent in such use or in a use not substantially different therefrom. Any building or structure in an "A" zone, which at the time of adoption of this by-law does not conform to the kinds of build- ings or structure permitted hereunder, may be main- tained, may be structually altered, or enlarged to the extent of the entire contiguous premises owned on the date of passage by this by-law by the then owner of said building or structure. Should any non-conform- ing building occupied by a non-conforming use be par- tially or wholly destroyed by fire, abandoned, or de- stroyed by any other casualty, it may be repaired or replaced by a building or structure substantially the same in character and used for the purpose for which it was formerly used or for a use not substantially dif- ferent therefrom, provided such repair or replacement is commenced within a year from the date of such de- struction and work thereon prosecuted with reasonable dispatch.
Section 5. In a "B" zone there shall be no restrictions as to construction or use of the building, structure, or premises therein located.
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Section 6. Where a boundary line of an "A" zone divides a single lot at the time of adoption of this by-law it does not extend more than twenty-five feet within said boundary line of an "A" zone, the regulations applicable to an "A" zone shall not apply to said lot, except, that if said lot has no entire frontage on a street in a "B" zone, said entire lot shall be subject to the regulations of an "A" zone.
Section 7. Any structure which shall violate the pro- visions of this by-law shall be removed and the person or persons guilty of the violation shall be punished by a fine of not more than Twenty Dollars to be paid into the Treasury of the Town of Scituate.
Section 8. The invalidity of any section or provisions of this by-law shall be removed and the person or per- sons guilty of the violation shall not invalidate any other section or provisions thereof.
Section 9. This by-law may be repealed or modified at a Town meeting after notice as provided by law and an opportunity for objectors to be heard, by a two- thirds vote of said Town Meeting.
Section 10. So much of this by-law as is approved by the Attorney-General shall go into effect upon its pub- lication as required by law.
Approved July 25, 1936, by the Attorney-General.
PART II
CERTAIN LEGISLATIVE ACTS AND STATUTORY PROVISIONS WHICH HAVE BEEN ACCEPTED BY THE TOWN SINCE 1900 AND BOARDS CREATED THEREUNDER
1902 Revised Laws, Chapter 11, Relative to the Board of Health.
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By-Law Committee
1903 Ditto, Sections 364, 365.
1908 Special Meeting, January 4, 1908, Article 4, Re- vised Laws, Chapter 11, Section 339.
1910 Annual Meeting, Article 19, Advisory Board chosen (See Part I, 1910). Article 35, Revised Laws, Chapter 103, Plumbing, accepted.
1911 Annual Meeting, Article 34, Continuance of the Advisory Committee (See Part I, 1911).
1912 Acts of 1912, Pensions. See Annual Report, page 92.
1914 Town Meeting, Article 1, Acts of 1913, Chapter 487, Promotion of Call Fire- men, Acts of 1913, Chapter 807, Compensation for In- juries to Municipal Employees,
Article 35, Voted that the Town adopt the so- called Betterment Act, R. L., Ch. 50, Sections 1-22.
1916 Annual Town Meeting, Article 40, Acts of 1909, Chap. 423, Sale of ice cream, con- fectionery, soda water, and fruit on the Lord's Day-Licenses for, etc., Special Meeting, February 19, 1916, accepted, Acts 1915, Ch. 284, General Laws, Ch. 39, 23; election of officers.
1920 Annual Town Meeting, Article 3, Acts 1920, Chap. 585, Sections 1-6, Act for the Pro- tection of the Shores of Scituate.
1922 Annual Town Meeting, Article 33, General Laws, Chap. 136, Sections 21-28, Games on the Lord's Day, permitted, accepted.
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By-Law Committee
1923 Annual Town Meeting, Article 77, General Laws, Chap. 41, Section 97, Police De- partment.
1924 Annual Town Meeting,
General Laws, Chap. 41, Section 55, Town Ac- countant.
1926 Annual Town Meeting, Article 48,
The Tax Collector's term of office shall be three years as provided in Chapter 66, Acts of 1923, Massachusetts Legislature.
1929 Annual Town Meeting,
Acts of 1928, amending Chap. 32, Section 89, Aid for firemen and police and their dependents, Special Town Meeting, Article 23, Acts of 1928, Chap. 406, Sunday Sports, Special Town Meeting, Article XXV,
Town Clerk and Town Treasurer, each to be chosen for three-year term as provided in Acts of 1923, Chapter 66.
1931 Special Meeting, August 9, 1931, Article 6 (page 223),
Voted to accept Section 38A, Chapter 41, General Laws as to Town Collector (see Part I, By-Laws).
1932 Annual Meeting, Article 32 (page 172).
Voted to rescind the vote of the Town of March 4, 1918, whereby it placed the authority of grant- ing licenses to peddlers of Fish, Fruit, and Vege- tables in the Board of Selectmen, and voted to vest said authority in the Division of Standards, Department of Labor and Industries of the Com- monwealth, or act thereon.
1933 Annual Meeting, March 6, 1933, Article 27 (page 227),
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Voted to accept provisions of General Laws (Ter. Ed.) Chapter 148, section 56, relative to the licens- ing of open-air parking spaces.
1934 Annual Meeting, March 5, 1934, Article 38 (page 230),
Voted to accept General Laws, Chapter 31, sec- tion 48, placing the police department under civil service laws.
Article 39, Voted to accept provision of G. L., Ch. 31, s. 49, placing chief of police under civil service laws.
Article 49 (page 232), Voted to accept section 6B, Chapter 40 of the General Laws (Ter. Ed.) as follows:
Section 6B-"A city or town which accepts this section may appropriate money for the purchase of uniforms for members of its police and fire departments."
1935 Annual Meeting, March 4, Article 20 (page 74). Voted to accept the provisions of Sections 42A, B, C, D, E and F of Chapter 40, of General Laws, providing that water rates shall be a lien on real estate.
1936 See Acts of Legislature 1936, page 269, authoriz- ing reconstruction of Town Pier.
Respectfully submitted,
TOWN BY-LAW COMMITTEE, By Vernon W. Marr.
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Report of Town Clerk
REPORT OF TOWN CLERK
ANNUAL TOWN MEETING, 1936 HELD ON TWO DAYS Under Authority of Chapter 284, Acts of 1915
March 2, 1936
At a legal meeting of the inhabitants of the Town of Scituate qualified to vote in Elections and Town Affairs, held at the High School Auditorium in said Scituate on Monday, the second day of March, 1936, at 9 o'clock A. M., the meeting was called to order by Moderator Philip S. Bailey and the warrant was read by Town Clerk William M. Wade.
Tellers appointed by the Moderator and sworn to their duties by the Town Clerk were: Harry M. Litch- field, J. George Volmer, John M. Goodnow, Howard H. Young, Walter Pepper. Asst. Registrar Lester D. Hob- son.
ARTICLE 1
To choose all the necessary Town Officers other than those elected by ballot, viz., Surveyor of Lumber, Meas- urer of Wood and Bark, two or more Field Drivers, one Pound Keeper.
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Voted, To elect same officers as in 1935: Surveyor of Lumber, Measurer of Wood and Bark, Ansel F. Servan.
Two or more Field Drivers.
Voted, The Constables.
One Pound Keeper.
Voted, Augustus L. Abbott.
ARTICLE 2
To hear the report of the Selectmen, other Town Officers and Standing, or other Committees, or act thereon.
Voted, To accept reports of Town Officers as printed in Town Report.
Voted, To accept report of Electric Light Committee and continue committee in 1936 (by D. A. Vines).
Voted, To accept Peggotty Beach report (W. I. Lin- coln). Report submitted on Comfort Station was not read.
ARTICLE 3
Will the Town vote to establish salaries and compen- sation of all elected Town Officers, or act thereon?
Voted, To establish salaries and compensation of all elected Town Officers as follows:
Selectmen, Chairman, $2,000.00 and legitimate ex- penses. Other members $600.00 each and legitimate expenses.
Board of Public Welfare, Chairman $500.00 and legiti- mate expenses. Other members $100.00 each and legiti- mate expenses.
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Assessors, Chairman $1,800.00 and legitimate ex- penses. Other members $450.00 each and legitimate expenses.
Highway Surveyor, $2,000.00, he to furnish his own conveyance while in the performance of his duties and receive $250.00 to cover expense of same.
Town Clerk, $1,200.00 and legitimate expenses.
Town Collector, $2,000.00 and legitimate expenses, all fees to accrue to the benefit of the Town.
Town Treasurer, $1,800.00 and legitimate expenses.
Tree Warden, $300.00.
Water Commissioners, $200.00 for each member and legitimate expenses.
Board of Health, the sum of $1,000.00 to be paid to the Board of Health for the full salary of all its mem- bers and legitimate expenses, and this sum shall include their charges for all services performed by them or either of them, other than inspection of plumbing, in- spection of meat, and inspection of cattle, from appro- priation for Board of Health.
Park Commission, each member be paid the same amount per hour for work actually performed as is paid laborers in the Highway Department.
Moderator, $10.00 each meeting.
ARTICLE 4
To raise and appropriate such sums of money as may be necessary to defray the expenses estimated for the year 1936, and make appropriations for the following departments.
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Report of Town Clerk
Selectmen's Services and Expenses
$4,510.00
Legal Counsel
1,000.00
Engineering
800.00
Town Hall
1,800.00
Civic Center Grounds
150.00
Public Landing
850.00
Street Lighting and Traffic Beacons
10,400.00
Sign Boards
250.00
Sign Boards $125.00 from Police Dept. Approp.
Sign Boards $125.00 from Selectmen's Approp.
Soldiers' Benefits
6,500.00
Memorial Day
500.00
Armistice Day
200.00
Town Meetings, Elections and Registrations
900.00
Reduction of Debt
8,650.00
Insurance, Workmen's Compensation and Employers Liability, Public Liability, Fire and other coverages on Town Property
6,500.00
Unclassified
2,500.00
Town Ambulance Expense and Maintenance
250.00
Interest
3,500.00
Certification of Notes
75.00
Bounties
50.00
Charities
19,500.00
Old Age Assistance 17,000.00
Mothers' Aid 2,500.00
Assessors' Services and Expenses
4,100.00
Collectors' Services and Expenses
5,230.00
Treasurer's Services and Expenses
2,350.00
Accountant's Services and Expenses
2,025.00
Town Clerk's Services and Expenses
1,445.00
Care of Roads, Sidewalk Maintenance and
Construction and Repair of Bridges 65,000.00
! Snow Removal 16,856.99
School Department 82,700.00
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Report of Town Clerk
Police Department
24,745.00
Fire Department (General)
27,889.08
Forest Fires
1,475.00
Water Department, Commissioners' Services
and Expenses, Hydrant, Rental and Inch Foot Levy
26,733.60
10,200.00 Health Department
Park Department
1,900.00
Moth Department
5,000.00
Elm Tree Beetle
500.00
Tree Warden
1,000.00
Sealer of Weights and Measures
550.00
Advisory Board
200.00
Planning Board
.
200.00
Pierce Memorial Library
1,400.00
Allen Memorial Library
1,400.00
Plymouth County Hospital
5,113.53
State and County Taxes, estimated
42,500.00
$418,898.20
ARTICLE 5
To see if the Town will adopt the following zoning by-law, or act in any manner thereon?
Section 1. Zone "A" shall be all areas of Scituate not distinguished as section "B" on drawing of said plan of Town of Scituate presented by the Planning Board as of February 11, 1935, and February 18, 1936.
Section 2. Zone "B" shall be as shown on drawing of said Town of Scituate presented by the Planning Board as of February 11, 1935, and February 18, 1936, and as on file at the Town Clerk's Office.
Section 3. In an "A" zone, no building, structure or premises shall be erected, altered or used for any pur- pose except one or more of the following:
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Report of Town Clerk
(1) A single family or a two-family detached dwell- ing.
(2) A club house, except one whose chief use is for a service customarily carried on as a business.
(3) Church, school, public library, public museum, parish house.
(4) Farm, greenhouse, nursery, truck garden, and the sale of produce raised on land of the owner shall be permitted, provided, such sale does not interfere with traffic on the public way; further, a stand shall be permitted if set back from public way with ample pri- vate parking space and of design approved by the Plan- ning Board.
(5) Cemetery, hospital, sanitarium, and philanthro- pic institution, but no such permit shall be issued, except with the written approval of the Planning Board and subject to such conditions as the Planning Board may deem it proper to impose.
(6) Passenger station.
(7) Telephone exchange, provided there is no ser- vice yard of garage and that the design of building with reference to harmony with the architecture, charac- teristic of the district, to be approved in writing by the Planning Board.
(8) The use of a room or rooms in a dwelling as an office or studio or for customary home occupations by a person residing in the dwelling. In such cases a pro- fessional sign of not over one square foot in area may be used and there shall be no public display of goods.
(9) A private stable and all farm buildings which are used in connection with and as a part of the opera- tion of the farm.
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Report of Town Clerk
(10) A private garage with space for not more than three automobiles to be used in connection with and as an incident of one of the foregoing purposes, pro- vided, as to each such garage that after a public hear- ing by the Board of Selectmen, fourteen days notice of which shall be published in the local newspaper and mailed to the last known address of each owner of property within five hundred feet of the proposed loca- tion. The Selectmen shall rule that such garage will not be detrimental or injurious to the neighborhood.
Section 4. Any building, structure or premises in an "A" zone which at the time of adoption of this by-law is being used for a purpose not permitted hereunder, may be continued to the same extent in such use or in a use not substantially different therefrom. Any build- ing or structure in an "A" zone, which at the time of adoption of this by-law does not conform to the kinds of building or structure permitted hereunder, may be maintained, may be structurally altered, or enlarged to the extent of the entire contiguous premises owned on the date of passage by this by-law by the then owner of said building or structure. Should any non-conform- ing building occupied by a non-conforming use be par- tially or wholly destroyed by fire, abandoned, or de- stroyed by any other casualty, it may be repaired or replaced by a building or structure substantially the same in character and used for the purpose for which it was formerly used or for a use not substantially different therefrom, provided such repair or replace- ment is commenced within a year from the date of such destruction and work thereon prosecuted with reason- able dispatch.
Section 5. In a "B" zone there shall be no restriction as to construction or use of the building, structure, or premises therein located.
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Report of Town Clerk
Section 6. Where a boundary line of an "A" zone divides a single lot at the time of adoption of this by- law, it does not extend more than twenty-five feet within said boundary line of an "A" zone, the regulations applicable to an "A" zone shall not apply to said lot, except, that if said lot has no entire frontage on a street in a "B" zone, said entire lot shall be subject to the regulations of an "A" zone.
Section 7. Any structure which shall violate the pro- visions of this by-law shall be removed and the person or persons guilty of the violation shall be punished by a fine of not more than Twenty dollars to be paid into the Treasury of the Town of Scituate.
Section 8. The invalidity of any section or provisions of this by-law shall be removed and the person or per- sons guilty of the violation shall not invalidate any other section or provisions thereof.
Section 9. This by-law may be repealed or modified at a Town Meeting after notice as provided by law and an opportunity for objectors to be heard, by a two-thirds vote of said Town Meeting.
Section 10. So much of this by-law as is approved by the Attorney-General shall go into effect upon its pub- lication as required by law. -Planning Board.
Voted, Yes.
(Approved July 26, 1936, by Paul A. Dever, Attorney- General.)
ARTICLE 6
To see if the Town will accept the layout of the Board of Selectmen of Mann Lot Road as on file with the Town Clerk and accept deeds of land necessary for the widen-
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ing and straightening of said way and raise and appro- priate $25.00 for land damages or take any action rela- tive thereto? -- Frank M. Weymouth and others.
Voted, Yes. $25.00.
ARTICLE 7
Will the Town accept the layout made by the County Commissioners of Gannett Road from the junction of Glades Road to the junction of Country Way and raise and appropriate the sum of $6,353.70 which includes land damages. Said money to be used in conjunction with any money which may be allotted by the State or County or both for this purpose or take any other action in relation thereto? -Selectmen.
Voted, To indefinitely postpone.
ARTICLE 8
Will the Town accept the layout of the Selectmen making Beal Place as on file at the Town Clerk's office a Town Highway and raise and appropriate $500.00 to make said Beal Place safe and convenient for travel, or act thereon ? -Edward E. Edson and others.
Voted, Yes. $500.00.
ARTICLE 9
Will the Town accept the layout of the Selectmen as on file at the Town Clerk's office making a street widen- ing at the corner of Mann Hill Road and Hood Road and accept as a gift land therefor from Miss Madeleine Kent? -Selectmen.
Voted, Yes.
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Report of Town Clerk
ARTICLE 10
Will the Town accept the layout of the Selectmen as on file at the Town Clerk's office making a street widen- ing at the corner of Park Avenue and Maple Avenue and raise and appropriate the sum of $40.00 for land dam- ages, or act thereon? -Selectmen.
Voted, Yes. $40.00.
ARTICLE 11
Will the Town accept the layout of the Selectmen at the north corner of Cedar and Summer Street and raise and appropriate the sum of $500.00 including $150.00 for land damage, or act thereon?
Voted, Yes. $500.00 including $150.00 for land dam- age.
ARTICLE 12
To see if the Town will authorize the Board of Public Welfare to contract at their discretion for the support of the Town's poor, or act thereon?
Voted, Yes.
ARTICLE 13
To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to bor- row money from time to time in anticipation of the revenue of the financial year beginning January 1, 1936, and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws.
-Selectmen.
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Report of Town Clerk
Voted, That the Town do authorize the Town Treas- urer with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1936, and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Sec- tion 17, Chapter 44, General Laws.
Unanimous vote.
ARTICLE 14
Will the Town instruct its Selectmen to control, regu- late, or prohibit the taking of eels, clams, all other kinds of shellfish and seaworms within the Town of Scituate in accordance with Section 48, Chapter 130, General Laws, as amended by Chapter 329, Acts of 1933?
Voted, Yes.
ARTICLE 15
Will the Town authorize the Selectmen to contract for the part time service of a Public Health Nurse, to be employed under the direction of the Board of Health, Board of Public Welfare, and School Committee, and raise and appropriate the sum of $1,600.00 plus $300.00 to help pay the cost of transportation for School, Board of Public Welfare and Board of Public Health Work, or act thereon?
Voted, Yes. $1,900.00.
ARTICLE 16
Will the Town raise and appropriate the sum of
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$85.00 for care of the old Cemetery on Cudworth Road, or act thereon?
-Selectmen.
Voted, Yes. $85.00.
ARTICLE 17
Will the Town accept the numbering of the street as compiled and completed under Federal Project No. X21268-F4-U1A and U1B? -Selectmen.
Voted, Yes.
ARTICLE 18
Will the Town raise and appropriate the sum of $1,570.00 to be used in conjunction with funds raised by the Town of Marshfield for the repair of Humarock Bridge? -Board of Selectmen.
Voted, Yes. $1,570.00.
ARTICLE 19
To see if the Town will vote to authorize the Select- men to sell, after first giving notice of the time and place of sale by posting such notice of sale in some con- venient and public place in the Town fourteen days at least before the sale, property taken by the Town under tax title procedure provided that the Selectmen or whomsoever they may authorize to hold such public auction may reject any bid which they deem inadequate, or take any action relative thereto? -Selectmen.
Voted, That the Town authorize the Selectmen to sell by public auction any or all lands acquired by the Town through the foreclosure of the rights of redemption on tax titles held by the Town, subject to the following con- ditions: That notice of the time and place of sale shall
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