Town annual report of the officers and committees of the town of Scituate 1961-1964, Part 16

Author: Scituate (Mass.)
Publication date: 1961-1964
Publisher: The Town
Number of Pages: 878


USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1961-1964 > Part 16


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The Harbor Master shall prepare regulations governing the size and speci- fications for moorings, their hardware and pennants, and shall submit the same to Selectmen for approval. Upon approval the regulations shall be published in a newspaper published in the Town, at the Harbor Master's office at the Town Pier, and shall be available upon request. The regulations may be amended from time to time in the same manner.


If the Harbor Master shall determine that any mooring applied for will con- form to the requirements of said regulations, he shall issue the permit and assign a location for the mooring provided such a location is available.


If the Harbor Master has determined that the mooring will not conform to the requirements of said regulations, or if he shall for other valid reasons deem it improper to issue such mooring permit he shall refuse to issue the permit. The Harbor Master shall issue or deny such permit within two weeks from the date of application.


The applicants for mooring permits and permits for tieup of small boats shall be issued by the Harbor Master and a duplicate thereof filed at the office of the Selectmen. No boat shall be made fast to a Town Landing or Pier for more than 30 minutes, except by permission of the Harbor Master.


The Harbor Master shall keep accurate records and books and shall issue receipts in duplicate for mooring and tie up permits, the original of which shall be given to the applicant for the permit and the duplicate shall be filed at the of- fice of the Selectmen.


Boats anchored or moored in such a manner as to constitute a hazard to navi- gation or property may be moved at the expense of the owner. As far as practical, the Harbor Master shall require all commercial boats to be moored in a common area.


Winter mooring buoys must be removed from Scituate Harbor and suitable floating buoys attached by June 1. It shall be the duty of the Harbor Master to give written notice of two weeks to the owner and then to affix a proper buoy at the owner's expense.


Section III - No person carrying passengers for hire shall embark or disembark such passengers from any boat at the Town Landings without permission of the Harbor Master.


Section IV - No boat shall exceed a speed of six (6) nautical miles per hour or cause a disturbing wake within the confines of Scituate Harbor.


Section V - Any person skin diving in Scituate Harbor shall:


(a) display a diver's flag consisting of a redfield and a white diagonal stripe of sufficient size not less than twelve (12) inches square.


(b) display such flag on a float or other similar device holding flag up- right at a height sufficient to be visible to passing boats.


(c) tow the aforesaid float and flag with him while he is submerged in the water and surface thereunder, unless for commercial purposes, permis-


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TOWN OF SCITUATE ANNUAL REPORT


sion is granted in writing by the Harbor Master to otherwise display flags for the protection of divers in Scituate Harbor.


(d) no skin diver shall operate in Scituate Harbor except from a boat and at- tended by another person.


Section VI - No person shall operate a boat in Scituate Harbor while towing water skiers, aqua-planes or other similar devices except in connection with water car- nivals and exhibitions authorized by the Selectmen, or in an area designated by the Selectmen. No person shall operate such boat or equipment in the vicinity of swimmers at any of the beaches of Scituate.


Section VII - Lobster pots, crab pots and other obstacles which will cause or create a hazard to navigation will not be placed in areas usually used for naviga- tion.


Section VIII - Discharging or depositing, or causing to be thrown overboard, oil, refuse, or waste into the harbor is prohibited.


Section IX - Small sailing classes will be allowed to race within the Scituate Harbor area when under the jurisdiction of an authorized race committee recog- nized by the Harbor Master. Such small boats shall not have courses laid out which use government marks for turning buoys or use fairways as a leg of the race course. Such small boats shall respect the maneuvering problem of larger vessels in the harbor.


Section X - The proper usage of the Town launching ramps shall be determined by the Selectmen. This shall include the proper parking of trailers and motor vehicles at the approach to the ramp.


Persons using Town ramps for hauling of larger boats requiring cradles shall apply to the Harbor Master for a written permit: Such cradles and/or boats shall not remain on the Town ramps for more than one tide.


Section XI - Nothing contained herein shall be held or construed to supersede or conflict or interfere or limit jurisdiction of the United States Government with respect to the enforcement of the navigation, shipping, anchorage, and associated laws of the United States, or any lawful regulation of the Division of Waterways of the Department of Public Works, or the Division of Motorboats of the Registry of Motor Vehicles, or to conflict with any of the laws of the Commonwealth of Massa- chusetts.


Section XII - Penalties


Whoever violates any of these regulations and refuses or neglects to obey the lawful and reasonable orders of the Harbor Master, or resists him in the execu- tion of his duties shall be fined for the first violation not less than ten dollars ($10.00) not more than one hundred dollars ($100.00); repeated or other violations not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). These rules and regulations shall be enforced by the Harbor Master.


Section XIII - Severability


In the event that any provision, section or clause of this By-Law is hereafter judicially found to be invalid, such decision, invalidity or voidance shall not affect the validity of the remaining portions of this By-Law.


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VOTED: That the Town amend its By-Laws by repealing the By-Law voted under Article 58 at the Annual Town Meeting in March, 1960, and approved by the Attorney General on May 24, 1960, and enact a By-Law as printed under Article 30 of the warrant, except that Section XII thereof shall be as follows:


Section XII - Penalties


Whoever violates any of these regulations and refuses or neglects to obey the lawful and reasonable orders of the Harbormaster, or resists him in the execu- tion of his duties shall be fined not less than ten dollars ($10.00) nor more than twenty dollars ($20.00). These rules and regulations shall be enforced by the Harbormaster.


Section IX to include period May 1st to October 15th end of summer season. Boston, Mass. July 12, 1962


The foregoing amendments Article 30, Sections 1, 4, 5 and 8 are hereby approved.


Wilton Vaugh, Director Division of Motorboats


Boston, Mass.


August 15, 1962


Sections II, III, VII, IX, X, XI, XII and XIII of the foregoing Scituate Harbor By-Law are hereby approved.


Edward J. McCormack, Jr. Attorney General ·


ADJOURNED TOWN MEETING


March 7, 1962


ARTICLE 31


To see if the Town will vote to transfer the proceeds of the Dog Fund from the County to Libraries and that the amount be equally divided between the Peirce Memorial at North Scituate and the Allen Memorial at Scituate or act thereon.


VOTED: Yes.


ARTICLE 32


Will the Town vote to raise and appropriate the sum of $34,051.16 to cover the Town's share of the expenses of the South Shore Regional School District as certified by the Regional District Treasurer in accordance with G. L. Chapter 71, section 16.


VOTED: To raise and appropriate $34,051.16.


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TOWN OF SCITUATE ANNUAL REPORT


ARTICLE 33


Will the Town vote to raise and appropriate $1,300 to employ qualified per- sonnel to continue the work of recataloguing the books at the Peirce Memorial Library from the obsolete system heretofore in use to the universally used Dewey Decimal System: or act thereon.


VOTED: To raise and appropriate $1,300.00.


ARTICLE 34


To see if the Town will vote that a sum of money be raised and appropriated for the purpose of constructing on land now owned by the Town and originally equipping and furnishing an elementary school building, and that to meet said appropriation the sum of $10,000.00 be raised by taxation in the current year, and that the treasurer, with the approval of the selectmen, be authorized and directed to issue and sell as one issue or from time to time as two or more separate issues, serial bonds or notes of the Town aggregating $290,000.00 in principal amount under authority of Section 7 of Chapter 44 of the General Laws, and that the treasurer, with the approval of the selectmen and subject to the approval of the Emergency Finance Board, be authorized and directed to issue and sell as one issue or from time to time as two or more separate issues, serial bonds or notes of the Town aggregating an additional principal amount under authority of Chapter 645 of the Acts of 1948, as amended, and that all of the bonds or notes shall be issued and sold in accordance with the applicable provisions of said Chap- ter 44 of the General Laws, as amended, but each issue of bonds or notes shall be a separate loan which shall be paid in not more than twenty years from the date thereof.


VOTED: That a sum of money be raised and appropriated for the purpose of constructing on land now owned by the Town and originally equipping and furnishing an elementary school building, and that to meet said appropriation the sum of $10,000.00 be raised by taxation in the current year, and that the Treasurer, with the approval of the Selectmen, be authorized and directed to issue and sell as one issue or from time to time as two or more separate issues, serial bonds or notes of the Town aggregating $290,000.00 in principal amount under authority of Section 7 of Chapter 44 of the General Laws, and that the Treasurer, with the approval of the Selectmen and subject to the approval of the Emergency Finance Board, be authorized and directed to issue and sell as one issue or from time to time as two or more separate issues, serial bonds or notes of the Town aggregating an addi- tional principal amount of $666,590.00 under authority of Chapter 645 of the Acts of 1948, as amended, and that all of the bonds or notes shall be issued and sold in accordance with the applicable provisions of said Chapter 44 of the General Laws, as amended, but each issue of bonds or notes shall be a separate loan which shall be paid in not more than twenty years from the date thereof.


Yes 369 No 13 ARTICLE 35


To see if the Town will raise and appropriate or transfer from available funds a sum of money to purchase or take by eminent domain for the purpose of a


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TOWN OF SCITUATE ANNUAL REPORT


school site and school playground area a parcel of land on the easterly side of Chief Justice Cushing Way bounded and described as follows:


WESTERLY by the easterly line of Chief Justice Cushing Way about 1170 feet. NORTHERLY by land of the Town of Scituate about 715 feet.


EASTERLY by land of Kenneth H. Gauley about 1160 feet and


SOUTHERLY by land of Kenneth H. Gauley about 675 feet and containing ap- proximately 16.5 acres. All as shown on a plan entitled "Compiled Plan of Proposed Elementary School Site, Scituate, Mass." dated February 13, 1962, and drawn to a scale of 100 feet to an inch by John E. Bamber, Town Engineer, said plan on file at the Town Clerk's office.


VOTED: To indefinitely postpone.


ARTICLE 36


To see if the Town will raise and appropriate or transfer from available funds a sum of money to purchase or take by eminent domain, a parcel of land on the northerly side of Mann Lot Road and the easterly side of Chief Justice Cushing Way, bounded and described as follows:


Beginning at a point in the northerly line of Mann Lot Road at land of Laura A. Rogal, said point marking the southeasterly corner of the within described premises, thence running in a general westerly direction by the northerly line of Mann Lot Road by four lines measuring 214.45 feet; 124.24 feet; 262.77 feet and about 42 feet to a point, thence turning and running northwesterly by a stone wall and land formerly of Ellis about 125 feet to a junction of stone walls, thence turning and running southwesterly by a stone wall about 350 feet to a junction of stone walls, thence turning and running northwesterly by a stone wall and land of the Town of Scituate about 170 feet to a point in the easterly line of Chief Justice Cushing Way, thence turning and running north- erly in said easterly line of Chief Justice Cushing Way 200.00 feet to a point, thence turning and running northeasterly through land formerly of Ellis about 1040 feet to a point, thence turning and running southeasterly by a stone wall and land of Frances L. Ahearn et. al about 360 feet to a junction of stone walls, thence turning and running southwesterly, southeasterly and southwesterly again by five courses measuring 229.11 feet; 119.26 feet; 27.31 feet; 29.80 feet and 114.00 feet respectively all by a stone wall to the point of beginning and containing approximately 12.80 acres. All as shown on a plan entitled "Compiled plan of proposed Elementary School site, Mann Lot Road, Scituate, Mass." dated January 17, 1962, anddrawn to a scale of 100 feet to an inch by John E. Bamber, Town Engineer, said parcel to be used as a school site and playground area. A copy of said plan being on file at the Town Clerk's office.


VOTED: To indefinitely postpone.


ARTICLE 37


To see if the Town will raise and appropriate or transfer from available funds a sum of money for the procurement of plans, specifications, and working drawings for elementary school housing, and to receive bids to be opened and submitted for approval at the next annual or a future Town Meeting.


VOTED: To indefinitely postpone.


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TOWN OF SCITUATE ANNUAL REPORT


ARTICLE 38


To see if the Town will authorize the School Committee to provide for the necessary improvements of the Athletic Field and appropriate a sum of money, therefor.


VOTED: That the Town raise and appropriate the sum of $23,100.00 to pro- vide fencing for the Athletic Field area, grandstands, press box and refreshment stand.


ARTICLE 39


To see if the Town will vote to raise and appropriate a sum of money for the purpose of constructing four tennis courts, including fencing, for the new High School,or take any action thereon.


VOTED: That the Town raise and appropriate the sum of $12,500.00 for the purpose of constructing four tennis courts, including fencing, for the new High School.


ARTICLE 40


Will the Town vote to raise and appropriate $3,300.00 to construct an addition to the present Peirce Memorial Library building for the purpose of providing a combined workroom and staff rest room; or act thereon.


VOTED: To indefinitely postpone.


ARTICLE 41


Will the Town vote to assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws for all damages to property suffered by any person by any taking of land or of any rights, interest or easement therein within the Town by the Department of Public Works of the Commonwealth for the improve- ment of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along public beaches within the jurisdiction of the Town and further to authorize the Selectmen to execute a form of agreement furnished by the Depart- ment of Public Works indemnifying the Commonwealth against claims for such damages.


VOTED: Yes (voice vote).


ARTICLE 42


To see if the Town will raise and appropriate the sum of $900.00 for the maintenance and improvement of the Town Forests, or act thereon.


VOTED: To raise and appropriate $900.00.


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TOWN OF SCITUATE ANNUAL REPORT


ARTICLE 43


To see if the Town will raise and appropriate by taxation or otherwise, a sum of One Hundred Thirty Thousand ($130,000.00) Dollars, for the construction of a 1,250,000 gallon water tower on land owned by the Town of Scituate, and known as Pincin Hill, and lay a water main and appurtenances from the water tower along Maple Street and First Parish Road to and connecting with the main on Route 3A, or take action thereon.


VOTED: That the Town raise the sum of One Hundred Thirty Thousand ($130,000.00) Dollars, for the construction of a 1,250,000 gallon water tower on land owned by the Town of Scituate, and known as Pincin Hill, and lay a water main and appurtenances from the water tower along Maple Street and First Parish Road to and connecting with the main on Route 3A, said sum to be raised as fol- lows: $5,000.00 by general taxation in 1962 and $125,000.00 by a five-year bond issue.


Unanimous vote.


RESOLUTION: Resolved that it is the sense of this meeting that the fixture rates currently in effect for water service by raised as recommended in the 1961 Evans Report. Yes 140 No 100


ARTICLE 44


To see if the Town will vote to instruct the Selectmen to include on the official ballot for the 1963 Annual Meeting either or both of the following questions: (a) "Shall sections 69C to 69F, inclusive, of Chapter forty-one of the General Laws, providing for the establishment of a board of public works exer- cising the powers of certain other departments and Town officers be ac- cepted?"


(b) "Shall the Town vote to have its selectmen act as a board of public works?"


or act thereon.


VOTED: Yes (voice vote).


ARTICLE 45


To see if the Town will vote to amend its By-Laws relating to streets and sidewalks by adding thereto a new section 10 reading as follows:


"Section 10. No private way shall be accepted as a Town Way under the pro- visions of General Laws C. 82, S. 23 unless said way complies with the stand- ards then in effect for new streets under the rules and regulations of the Planning Board governing the subdivision of land except that such a private way may be accepted under the provisions of General Laws, Chapter 80 (the Betterment Act) on the basis of a layout which, in the opinion of the selectmen complies with said rules and regulations as nearly as is practicable under the circumstances."


or act thereon.


Withdrawn by the Advisory Board.


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TOWN OF SCITUATE ANNUAL REPORT


ARTICLE 46


To see if the Town will vote to raise and appropriate a sum of money to pur- chase any or all of the following equipment for the department indicated with re- spect thereto, and, except as otherwise voted by the Town, to use any presently owned equipment being replaced thereby for trade value:


(a) HIGHWAY DEPARTMENT


one crawler type tractor with sidewalk plow approximately over-all width 44", weight 5500 lbs.


one 4 wheel drive front-end loader, one yard capacity


one 4 wheel drive front-end loader with three-quarter yard or smaller loader bucket capacity and 24" bucket on back hoe.


one 2 1/2 ton two wheel drive Dump Truck


one 1 1/2 ton 4 wheel drive Dump Truck with hoist and orange peel bucket one four door standard or compact Ford, Chevrolet or Plymouth pas- senger car


(b) WATER DEPARTMENT


one 1 1/2 ton 4 wheel drive truck chassis with snow-plow and 125 cubic feet per minute, or greater capacity compressor


or act thereon.


VOTED: That the Town raise and appropriate the following sums for the pur- chase of the equipment listed below for the use of the department indicated and to use for trade value the presently owned town equipment, if any, specified with respect to each.


(a) HIGHWAY DEPARTMENT


One 4 wheel drive front-end loader with three quarter yard or smaller loader bucket capacity and 24" bucket on back hoe (no trade) $14,000.00 One 1 1/2 ton 4 wheel drive dump truck with hoist and orange peel bucket (no trade) $ 6,000.00 One four-door standard Ford, Chevrolet or Plymouth passenger car suitably marked with the Town Seal, using the present Highway Depart- ment 1959 Chevrolet Sedan for trade-in value. $ 1,500.00


(b) WATER DEPARTMENT


One 3/4 ton 2 wheel drive truck chassis and one 125 cubic feet per minute, or greater, capacity compressor, using the present Water Department 1945 Compressor and a 1955 3/4 ton truck for trade-in value $ 6,000.00


ARTICLE 47


Will the Town vote to raise and appropriate a sum of money for the purchase and laying of large drainage pipe and land fill to improve a portion of the town owned Egypt Beach (so called), as a recreational area, or take any action relative thereto.


VOTED: That the Town raise, and appropriate $1,500.00 for the purchase and laying of large drainage pipe and land fill to improve a portion of the town owned Egypt Beach (so called), as a recreational area.


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TOWN OF SCITUATE ANNUAL REPORT


ARTICLE 48


To see if the Town will vote to raise and appropriate, or transfer from available funds in the treasury, a sum of money for Chapter 90 Highway Construc- tion, or take action in relation thereto.


VOTED: That the Town appropriate the sum of $9,000.00 for Chapter 90 Highway Construction, and to meet said appropriation the sum of $388.09 be trans- ferred from the proceeds of Chapter 718, Acts of 1956, the sum of $1,740.20 be transferred from the proceeds of Article 6 of the Special Town Meeting held May 16, 1960, and the sum of $5,828.21 be transferred from the 1958 Chapter 90 Account, all of said sums being already in the Treasury and the sum of $1,043.50 be raised by taxation.


ARTICLE 49


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 Pheasant Hill Drive a Town Way.


VOTED: Yes.


ARTICLE 50


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 Arborway Drive a Town Way.


VOTED: Yes.


ARTICLE 51


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 Aberdeen Drive from Arborway Drive northerly, easterly and southeasterly to Arborway Drive a Town Way.


VOTED: Yes.


ARTICLE 52


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 Bonnie Briar Circle a Town Way.


VOTED: Yes.


ARTICLE 53


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 Edith Holmes Drive a Town Way.


VOTED: Yes.


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TOWN OF SCITUATE ANNUAL REPORT


ARTICLE 54


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 Strawberry Lane a Town Way.


VOTED: Yes.


ARTICLE 55


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 Clover Lane a Town Way,


VOTED: Yes.


ADJOURNED TOWN MEETING


MARCH 8, 1962


ARTICLE 56


To see if the Town will vote to discontinue as a Town Way that part of Gannet Pasture Lane lying north of the turnaround on said Lane, as shown on a plan or file in the office of the Town Clerk, or take any other action relating thereto:


VOTED: To indefinitely postpone.


ARTICLE 57


Will the Town vote to raise and appropriate a sum of money to construct & sidewalk from Lincoln Park to the intersection of Country Way and Gannett Road at North Scituate Village.


VOTED: To indefinitely postpone.


ARTICLE 58


Will the Town vote to raise and appropriate the sum of $6,175.00 for the pur. pose of constructing a sidewalk on the easterly side of Tilden Road from the Wampatuck School to Turner Road and instruct the Highway Surveyor to arrange for such construction, or act thereon.


VOTED: To raise and appropriate $2,780.00.


ARTICLE 59


Will the Town vote to raise and appropriate the sum of $1,957.00 for the pur. pose of constructing a sidewalk on the easterly side of Tilden Road from Irvin Road to Norwell Avenue and instruct the Highway Surveyor to arrange for such construction, or act thereon.


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TOWN OF SCITUATE ANNUAL REPORT


VOTED: To raise and appropriate $990.00.


ARTICLE 60


Will the Town vote to amend its Zoning By-Laws as follows:


1. By amending SECTION 1-1. so that it will read as follows:


1-1. Types of Zones


For the purpose of this by-law, the Town of Scituate is hereby divided into six types of zones, designated as:


"A-1" (Residence 40,000 sq. ft.)


"A-2" (Residence 20,000 sq. ft.)


"A-3" (Residence 10,000 sq. ft.)


. "B" (General Business) "C" (Commercial)


"ח" (Saltmarsh and Tideland Conservation District)


2. By adding to SECTION 1-2. the following: "Zone "D" is located and bounded:


A. An area on the Northerly side of the North River to a point of ten (10) feet elevation above mean low water mark, but excluding the area now zoned "C" or Commercial, as shown on a United States Coast and Geodetic Survey Map on file in the office of the Town Clerk.


B. An area on the Southerly side of Cohasset Harbor and further described as Bassings Beach, the Glades, Scituate Neck and the Gulf to a point of ten (10) feet elevation above mean low water mark, but stopping at the Southerly or Southeasterly side of Gannet Road where applicable, as shown on a United States Coast and Geodetic Survey Map on file in the office of the Town Clerk.


C. An area bounded Northerly by Gannett Road, Southeasterly by Hollett Street, and Westerly by Country Way, which is an extension of a portion of the area indicated in section B. hereof, but only including the land herein described which is ten (10) feet or less above mean low water mark, as shown on a United States Coast and Geodetic Survey Map on file in the office of the Town Clerk."




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