USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1949-1951 > Part 2
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Since definite action on this article was declared as illegal according to the Town Counsel, a special vote was taken to deter- mine the sense of the meeting, with a vote of Yes 337, No 109.
ARTICLE 33
To see if the Town will vote to name the square at the junc- tion of Booth Hill Road and Clapp Road "The Lionel O. Bush Square" and appropriate the necessary funds to erect an appro- priate marker and arrange for dedication of same.
VOTED: Yes.
ARTICLE 34
Will the Town raise and appropriate a sum of money for the purpose of constructing a sidewalk along the easterly side of River Street from the intersection of Central Avenue and Marshfield Avenue to Oliver Street, or act thereon.
VOTED: To raise and appropriate $5,000.00.
ARTICLE 35
To see if the Town will raise and appropriate a sum of money
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for the purpose of resurfacing the outdoor public dance floor at Humarock Beach and providing proper lights therefor, or act thereon.
VOTED: To refer to Highway Department.
ARTICLE 36
To see if the Town will vote. to appoint a Committee consist- ing of the Selectmen and two members of the Planning Board to study the advisability of the erection of a new Town Office Build- ing. This Committee to report at a future Special or Annual Town Meeting.
VOTED: To appoint such committee.
ARTICLE 37
1
To see if the Town will raise and appropriate the sum of $1,600.00 to purchase from the Scituate Beach Association, Inc., a certain parcel of beach land lying on the easterly side of Jericho Road at the Sand Hills bounded and described as follows: South- erly by the remaining portion of lot 2 and land of Arthur K. Johnson et. ux. Easterly by Scituate Harbor. Northerly by land of the Town of Scituate. Westerly by Jericho Road 415.96 feet. Being lots 2 to 9 inclusive excepting the southerly ten feet of lot 2. All being shown on a plan entitled "Plan of lots at Jericho Beach, Scituate" dated July 27, 1932 and drawn on a scale of 40 feet to an inch. Said land to be used for a bathing beach for ever.
VOTED: To raise and appropriate $1,600.00. Unanimous vote.
ARTICLE 38
To see if the Town will appoint Philip S. Bailey, George F. Dwyer, Frank V. Thompson, Russell L. Fish and Russell J. Wilder, to serve as a committee to study the further development of the shore line of Scituate Harbor, with particular reference to that portion which extends from the Town Pier to Museum Beach, which includes the development of land acquired by vote of the Town under Article 56, Annual Town Meeting 1946, and raise and appropriate the sum of $500.00 to be used by the Committee to procure professional advice, and for incidental expenses or act thereon.
VOTED: To adopt without an appropriation.
ARTICLE 39
To see if the Town will vote to authorize the appointment of a Committee consisting of the Selectmen, the Chief of Police and the Highway Surveyor to investigate the advisability of installing parking meters in certain sections of the town.
VOTED: To indefinitely postpone.
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Peirce Memorial Library.
No. Scituate, Mass.
TOWN CLERK'S REPORT
ARTICLE 40
Will the Town raise and appropriate the sum of $930.50 for the payment of bills of the previous year, said payments to be as follows:
1948 Bill of Edith M. Farrington $278.00
(Assessor's Department)
1948 Bill of Moderne Market 19.98
(Board of Public Welfare)
1948 Bill of Philip S. Bailey 472.88
(Board of Health)
1948 Bill of Chase Wild Animal Farm 30.00
(Police Department) 8.08
1948 Bill of New England Tel. & Tel. Co ...
(Fire Department)
1948 Bill of Mary E. Halligan 83.33
(Assessor's, Tax Collector and Ac- countant Departments)
1948 Bill of Helen L. Day 83.33
(Selectmen's Department)
$930.50
VOTED: To raise and appropriate $930.50. Unanimous vote.
ARTICLE 41
To see if the Town will raise and appropriate $250.00 to pur- chase a new Out-Board Motor costing $356.50 and using the present 1940 Out-Board Motor as a trade-in value allowance of $106.50.
VOTED: To raise and appropriate $250.00. Unanimous vote.
ARTICLE 42
Will the Town vote to adopt the following By-Laws regulating the conduct of persons, dressed in bathing costumes, on the beaches and highways of the Town, or act thereon.
No person unless properly clothed shall be upon any beach, or swim, bathe or wade in any water or adjoining property under the care or control of the Town, nor loiter or walk upon a sidewalk or roadway, other than a bathing beach, in a bathing costume, unless wearing a closed cover- ing; nor remove any part of their bathing costume on any beach, or disrobe for bathing in a public sanitary or within public view.
No person shall dress or undress in a vehicle on any street, sidewalk, driveway or public beach.
Any person violating any of the provisions of this Article shall be liable to a fine of not more than twenty dollars for each offense.
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TOWN CLERK'S REPORT
VOTED: To adopt the following By-Law:
No person shall loiter or walk upon a sidewalk or road- way in a bathing costume unless wearing a closed cover- ing; nor remove any part of their bathing costume on any beach, or disrobe for bathing in a public sanitary or within public view.
No person shall dress or undress in a vehicle on any street, sidewalk, driveway or public beach.
Any person violating any of the provisions of this article shall be liable to a fine of not more than twenty dollars for each offense.
Yes 368, No 43.
Approved -May 13, 1949.
Francis E. Kelly, Attorney General.
ARTICLE 43
To see if the Town will accept the layout of the Selectmen altering the street lines at the intersection of Otis Road with Jericho Road in accordance with a plan on file at the Town Clerk's Office, or act thereon.
VOTED: To accept layout.
ARTICLE 44
To see if the Town will accept the layout of the Selectmen in accordance with a plan on file at the Town Clerk's Office making Washington Lane and a part of Jefferson Lane Town Ways and raise and appropriate the sum of $1,600.00 to pay for construction, or act thereon.
VOTED: To accept layout and raise and appropriate $1,600.00. Unanimous vote.
ARTICLE 45
To see if the Town will accept the layout of the Selectmen in accordance with a plan on file at the Town Clerk's Office making Cedar Crest and a part of Cedar Hill Lane Town Ways and raise and appropriate the sum of $1,350.00 to pay for construction, or act thereon.
VOTED: To accept layout and raise and appropriate $1,350.00. Unanimous vote.
ARTICLE 46
To see if the Town will accept the layout of the Selectmen in accordance with a plan on file at the Town Clerk's Office making a part of Alden Street, all of Ocean Drive and a part of Julian Street Town Ways and raise and appropriate the sum of $3,000.00 for construction and to pay for land damages, or act thereon.
VOTED: To indefinitely postpone.
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TOWN CLERK'S REPORT
ARTICLE 47
To see if the Town will accept the layout of the Selectmen in accordance with a plan on file at the Town Clerk's Office, making Stone Avenue a Town Way and raise and appropriate the sum of $1,000.00 to pay for construction, or act thereon.
VOTED: To accept layout and raise and appropriate $1,000.00. Unanimous vote.
ARTICLE 48
To see if the Town will accept the layout of the Selectmen in accordance with a plan on file at the Town Clerk's Office, making Foam Road a Town Way and raise and appropriate the sum of $3,070.00 to pay for construction, or act thereon.
VOTED: To accept layout and raise and appropriate $3,070.00.
ARTICLE 49
To see if the Town will vote to repeal the existing Building By-Laws regulating the erection, alteration and repair of buildings in the Town of Scituate and adopt the following By-Laws:
BUILDING BY-LAWS TOWN OF SCITUATE
ARTICLE 1 General Provisions
Except as hereinafter provided, no person shall erect, raise, move, alter or repair any building except in conformity with the provisions of these By-Laws, or without having first obtained a building permit from the Building Commissioner. Plans and speci- fications shall be submitted to the Building Commissioner together with such structural detail as he may require.
These By-Laws shall be deemed to present minimum require- ments for residential construction. In the case of apartment build- ings, stores, places of assembly and industrial buildings, the Build- ing Commissioner may make such requirements in addition to these regulations as may be deemed necessary to the public safety.
ARTICLE 2 Exemptions
a. All repairs to buildings which do not include the removal or replacement of any wall, door, window, column, post, floor, tim- ber, rafter, chimney, pier or any foundation which would tend to weaken the structure.
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b. The application of these By-Laws to Farm Buildings and other non-residential buildings except garages permitted under the Zoning By-Laws in residential areas, shall be left to the discretion of the Building Commissioner.
c. Buildings owned or occupied by the United States or Com- monwealth of Massachusetts.
d. Bridges, Quays, Wharfs.
ARTICLE 3 General Requirements
Section 1. It is not the intent of these By-Laws to prohibit new or unconventional methods of construction which are not detri- mental to the public safety and in keeping with the general appear- ance of other buildings in a locality. All dwellings shall have at least (2) outside doors or entrances.
Section 2. Foundations. No dwelling house shall hereafter be built within the town without continuous foundation walls on all sides. All foundations shall extend at least three feet and six inches (3'6") below any adjoining surfaces exposed to frost unless they rest on solid ledge. They shall extend in all cases, to solid soil. No foundation or footing shall be constructed on frozen ground, or shall be laid when the temperature is below twenty-nine degrees (29 deg.), except that precautions satisfactory to the Commissioner to prevent settlement or failure are taken.
Section 3. Every excavation shall be properly guarded and protected by the person responsible therefor, in such manner as may be approved by the Inspector of Buildings; and so as to pre- vent it from becoming dangerous to life and limb and to the neigh- boring property. It shall be sheet piled whenever the Inspector of Buildings shall so direct.
Section 4. No concrete foundations shall be constructed with- out the use of forms for both sides of the walls except where con- crete blocks are used. Excavations for foundations shall be made six to eight inches (6" to 8") larger than the outside wall and shall not be filled in until approved by the Inspector of Buildings.
Section 5. All foundation-walls, piers, posts, or lally columns shall rest upon footings not less than eight inches (8") thick. For foundation-wall, footings must be at least eight inches (8") wider than said foundation-wall and in case of piers, posts or lally col- umns, all footings must be not less than twenty inches (20") square. The Commissioner must be notified when footings are complete, which must be approved by him before the work is continued.
Section 6. If the Commissioner is in doubt as to the safe sus- taining power of the soil upon which a building is to be erected he
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TOWN CLERK'S REPORT
may order borings made or he may order tests of the sustaining power of the soil upon which a building is to be erected, either or both at the expense of the owner of the proposed building. Tests and borings shall be made under the supervision of the Com- missioner. Reports of all borings shall be filed with the Department. The Commissioner may establish allowable maximum loads for various types of soil and shall establish such as a result of all tests or borings.
Section 7. Wherever the safe sustaining power of the soil upon which a building is to be erected does not conform to the require- ments of the law, the Commissioner shall require the proper foun- dations of a type satisfactory to him and sufficient to support the proposed building.
Section 8. Foundation and underpinning walls for one and two story dwellings shall be at least eight inches (8") thick, if of con- crete, concrete blocks or brick when not over seven feet (7') below finished grade. When stone masonry is used the thickness shall be twenty inches (20") up to finished grade and not less than twelve inches (12") from finished grade to the sill.
Section 9. Where cement blocks are used, all joints must be filled and jointed outside as well as inside. Mortar for all masonry shall be no poorer than one part Portland Cement, one part lime putty and three parts sand, for footings and poured concrete, no poorer than, one part Portland Cement, three (3) parts sand, and five (5) parts coarse aggregate not exceeding 11/2". All material shall meet the Commissioner's approval, be thoroughly mixed and properly placed and tamped.
Section 10. Posts, piers or lally columns supporting buildings shall not be more than eight feet apart on centers, seven feet where a 6" x 6" girder is used; six feet apart where a 4" x 6" girder is used. (See GIRDERS, under section 4 of Article 4) . Lally columns, or red cedar posts not less than six inches (6") in diameter at the small end may be used for interior supports.
Section 11. All loam under dwellings must be removed and at least twenty inches (20") of space must be left between the remaining earth and the under side of the first-floor timbers. Under all buildings with continuous foundations, there must be at least two (2) openings for ventilation.
Section 12. Chimneys: No tile or metal chimneys shall be allowed. All masonry chimneys shall rest on a concrete footing not less than eight inches (8") thick and at least eight inches (8") wider both ways of the chimney, and except those with solid brick walls eight inches (8") or more thick, shall be lined throughout with vitreous flue lining, and shall be topped at least two feet six
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TOWN CLERK'S REPORT
inches (2' 6") above the highest point of contact with the roof and should project at least (1) one foot above any ridge within (10') ten feet. No chimney shall be supported on wood. No wood closer than two (2") to any chimney, and no woodwork shall be placed within (4") four inches of the back wall of any fireplace. Space between chimneys and floor joists to be fire-stopped. Every smoke pipe hole into a chimney shall be provided with a metal thimble. Masonry walls at the back and sides of every fireplace shall be at least eight inches (8") thick if of brick and twelve inches (12") thick if of stone. All fireplaces shall have dampers. Hearths shall extend at least sixteen inches (16") in front of fire- place openings, and at least eight inches (8") wider than the fire- place opening. Wood centers under fireplaces and hearth arches shall be removed before finishing there-under. No wood work shall be within five (5") of any smoke pipe. No wooden studding, furring, lathing, or plugging shall be placed against any chimney or in joints thereof. Wooden construction shall either be set away from the chimney or the plastering shall be directly on the masonry or on metal lathing or on incombustible furring material. Wood furring strips placed around chimneys to support base or other trim shall be insulated from the masonry by asbestos paper at least 1/16" thick.
Section 13. Electric Wiring. All electric installations shall be in accordance with the National Electric Code and amendments thereto, and no installation of electrical equipment shall be made except in conformity thereto.
Section 14. All work on construction of any kind not other- wise specifically covered shall be performed in accordance with the best practice of the particular trades involved or in accordance with the accepted standards of the American Institute of Architects.
ARTICLE 4 Materials
Section 1. All lumber sizes given herein are nominal dimen- sions.
Section 2. All materials shall be of such quality for the pur- pose for which they are to be used as to insure in the judgment of the Inspector of Buildings, ample safety and security to life and limb and the neighboring property. The Inspector of Buildings shall have the power to reject all materials which in his opinion are unsuitable and may require tests to be made by the architect, builder or owner to determine the strength of the structural mate- rials before or after they are incorporated in a building and may require certified copies of results of tests made elsewhere from the
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TOWN CLERK'S REPORT
architect, builder, or owner or other interested persons. Owners shall furnish expert advice and tests at their own expense.
Section 3. Second hand structural materials shall not be used without the approval of the Inspector of Buildings. All timbers shall be of good sound material of sufficient strength for purpose intended, and free from imperfections whereby the strength may be impaired.
Section 4. a. Residences.
SILLS: shall not be less than 4" x 6" and must be on edge unless resting upon a continuous foundation. Box sills may be used when approved by the Building Commissioner.
GIRDERS: shall be not less than 6" x 8" where they carry floor timbers (12') or longer; 6" x 6" where floor timbers are 8' up to 12' and 4" x 6" on edge where floor timbers are less than 8' and shall be joined only over a support.
FLOOR JOISTS: shall not be less than 2" x 6" up to an 8' span, 2" x 8" up to a 12' span, 2" x 10" up to a 14' span, 2" x 12" up to an 18' span, or of material of equal strength. Where these maximum spans are used joists shall be set not more than 16" on centers. Spans of more than 8' shall be bridged once, of more than 12' twice. Ends of joists shall not be notched more than one-fourth of their depth, except with the approval of the Commissioner. (The rule for bridging and notching includes Platforms and Piazzas). Joists under partitions running parallel to them shall be doubled. In frame construction every opening exceeding three feet (3') in width, in a bearing partition shall be trussed. Stair stringers must be at least 2" thick, shall be placed not over 18" on centers. All floors shall be double boarded. All walls and parti- tions going through floors shall be fire-stopped with masonry or with wood not less than 2" thick nominal dimension. Studding of outside walls and bearing partitions shall be not less than 2" x 4" set 16" on centers. Balloon frame shall not be used on walls more than 14' high, measured from the sill. Balloon frame shall have ledger boards not less than 1" x 6" set into the studs, and shall be thoroughly fire-stopped at each floor level. Studding of nonbearing partitions shall rest on a shoe not less than 2" thick. Corner posts shall be not less than 4" x 6" and may be built up. All corners shall be braced with diagonal braces extending out at least two bays of studding. Bearing partitions 8' or over in height shall have at least one row of horizontal bracing in each story of the same size as the studs. All joist headers more than two and one half feet long shall be doubled and spiked together, or be at least four inches in thickness. All joists supporting headers shall be doubled and spiked or be at least four inches in thickness.
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RAFTERS: (Except Platforms and Porches.) Rafters shall be as follows: Where the pitch is less than 4" to the foot, 2" x 4" up to 4' horizontal span, 2" x 5" up to 6' horizontal span, 2" x 6" up to 8' horizontal span, 2" x 8" up to 12' horizontal span. Where the pitch is more than 4" to the foot, 2" x 4" up to 6' horizontal span, 2" x 5" up to 9' horizontal span, 2" x 6" up to 14' horizontal span, 2" to 8" up to 18' horizontal span, placed no more than 20" on centers.
b. Platforms and Piazzas: Floor joists on porches or platforms shall be not less than 2" x 6", on spans up to 8'. Girders of 4" x 6", laid on edge, shall be used where the span is more than 8'. Floor timbers may be framed flush. Ends of joists shall not be notched more than 14 of their depth; the same being well spiked to said girders, and a 1" x 2" must be well nailed to girder flush with the under side, for floor timber to rest upon.
c. Garages: Garages allowed in a Zone A area may use 2" x 4" sills where they rest upon continuous foundations; otherwise they must be 4" x 6" laid on edge. Studding for outside walls shall be at least 2" x 4" and not more than 24" on centers. All exterior walls and roofs shall be sheathed with sheathing not less than 11/16" thick. Any non-residential building that is to be later converted into a residence must conform to the requirements of residential construction.
ARTICLE 5
Section 1. Area Regulation: Minimum residential lot size shall be 10,000 feet in area with a minimum of 100 feet frontage, except those lots that were planned, plotted and recorded before April 20, 1946, the date that the Town of Scituate first adopted its Building Code. Only one (1) building for residential purpose shall be built on any one lot of less than 20,000 sq. feet.
Section 2. Setback: Setback shall be 30' from street line where no building line is already established. No building, resi- dential or non-residential, shall be erected nearer than 8' to the side or rear of lot lines, except by permission of the Board of Appeals after adjoining property owners and other interested par- ties have been notified.
ARTICLE 6 Prohibition
Section 1. No studding for any part of the outside walls of any building shall be less than 2" x 4", except for small storage build- ings with walls not over 7' in height. Studding for such walls may be 2" x 3" and shall be spaced not over 16" on centers.
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Section 2. No building already erected or hereafter to be built shall be extended, altered, raised, moved or built upon in such a manner as to be contrary to the provisions of the Building Code, relating to new construction.
Section 3. No wall of any building already constructed shall be increased in height unless the entire building is altered so as to conform to the requirements of the Building Code relative to new buildings.
Section 4. Doors shall not open immediately on a flight of stairs but on a landing at least equal to the width of the door.
Section 5. No opening shall be made in a wall separating a store either from a habitation or stairway leading to a habitation unless protected by fire-doors, approved by the Inspector of Buildings.
Section 6. In no case shall a chimney be built out of plumb unless the sante be attached to a brick wall or approved by the Building Commissioner.
Section 7. In running pipes, no floor joist, header or trimmer shall be cut into more than 2" in depth or more than 3' from its support, without a permit from the Inspector of Buildings.
Section 8. No Coal Bin or closet of any kind shall be con- structed under a stairway in any building other than a one family house and then only when approved by the Inspector of Buildings.
Section 9. No wood lintel shall be used to support masonry over a door, window, or other opening.
Section 10. No change shall be made in character of occu- pancy or use of any building or portion of building, which would change the required floor strength, unless such building is made to comply with the requirements of this Code.
Section 11. No reinforcing steel or structural frame-work of any part of any building or structure shall be covered or concealed in any manner whatsoever without first obtaining the approval of the Inspector of Buildings.
Section 12. No repairs after fires shall be made except in a manner satisfactory to the Inspector of Buildings. All structural parts damaged by fire shall be removed and replaced with new material. Slightly damaged parts not impaired in strength shall be treated as directed by the Inspector of Buildings.
ARTICLE 7 Fire Safety and Prevention
Section 1. All buildings hereafter erected shall be made rea- sonably fire safe.
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Section 2. All stud walls, partitions, furring and spaces be- tween joists where they rest on walls or bearing partitions and similar vertical spaces shall be fire-stopped with incombustible material in a manner to cut off all concealed draft openings and form an effectual horizontal fire barrier between stories and roof spaces full depth of joists, except that in one story or one and one half story wooden buildings for residential occupancy, fire stop- ping may be done with wood not less than 2" in thickness and full width of wall or partition and formning an effectual horizontal fire barrier between stories and roof spaces. Such fire stopping shall extend the full depth of joists and at least 4" above each floor level. Stair carriages shall be fire stopped at least once in the middle portion of each run.
Section 3. All apparatus for heating and cooking shall be so installed as not to create a fire hazard. Smoke pipes shall enter the side of chimneys through a suitable metal thimble and shall not pass through combustible partitions, provided that smoke pipes from ordinary ranges and stoves may do so if guarded by double metal ventilated thimbles or other approved fireproof materials.
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