USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1961-1964 > Part 17
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3. By adding a new SECTION 3-8. as follows:
3-8. Saltmarsh and Tideland Conservation District Uses
a. Permitted Uses
In a "D" Zone no structure shall be erected except non-commercial docks, cat-walks, wharves or floats, nor may any area within said zone be filled, drained, dredged or excavated except as provided in subsection b. hereof.
b. Uses Permissible on Appeal
The owner of any land located in Zone "D", or his agent, may apply to the Zoning Board of Appeals for a permit for the construction of any structure which would have been permitted on said land prior to
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the adoption of this section 3-8, or for filling, draining, dredging or excavation. No permit shall be granted which will adversely affect the natural character of the area in which the land referred to in the application is located. No permit shall be granted except after notice and hearing as provided by law for the granting of variances. In addition, notice shall be given by certified mail to the Chairman of the Conservation Commission or his designated representative.
VOTED: To amend its Zoning By-Laws as printed in Article with the follow- ing exceptions:
Paragraph 2, sub-paragraph "B" to read:
"An area on the Southerly side of Cohasset Harbor and further described as that area of salt marsh, or salt meadow, lying south of Bassings Beach, and further described as 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 Gannett Road where applicable, as shown on a United States Coast and Geodetic Survey Map on file in the office of the Town Clerk."
Section 3-8 Saltmarsh and Tideland Conservation District Uses
a. Permitted Uses
In a "D" Zone no structure shall be erected except non-commercial docks, cat walks, wharves or floats, nor may any area within said zone be filled, drained, dredged or excavated except by or under the direction of any Federal, State, County or Town agency, or as other- wise provided in sub-section b. hereof.
Yes 271 No 45
Approved December 24, 1962
Edward J. McCormack, Jr.
Attorney General
ARTICLE 61
Will the town vote to amend its Zoning By-Law by deleting all of the provisions of Section 11 thereof and substituting therefor the following new Section 11: Enforcement:
The Building Inspector shall have the duty to enforce the Town's Zoning By- Laws and may institute appropriate civil or criminal proceedings or both in the fulfillment of such duty.
Any person owning real estate within the Town who is aggrieved by reason of the fact that the use, enjoyment or value of his property has been substantially af- fected by an alleged violation may file a written request to the Building Inspector for enforcement of the Zoning By-Law with reference to such alleged violation. He shall also file a copy of such request with the Town Clerk. The Building In- spector shall thereupon take such action as he deems appropriate with reference to such violation; but if he decides that there is no violation he shall give written notice of his decision to such aggrieved person and shall file a copy of such notice
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with the Town Clerk within twenty (20) days after the filing of such written request with the Town Clerk. Such notice, or failure or refusal of the Building Inspector to take effective action to abate the alleged violation within twenty (20) days after the filing of the written request for enforcement with the Town Clerk shall con- stitute an order or decision within the meaning of Section 13 of Chapter 40A of the General Laws; and such aggrieved person shall have an appeal therefrom to the Zoning Board of Appeals persuant to Section 15 of said Chapter 40A.
After notice and hearing in the manner prescribed by law, including notice by registered mail to the person complained of, the Zoning Board of Appeals shall make a determination as to the existence of the alleged violation and if it deter- mines that a violation exists it shall order the Building Inspector to take appro- priate steps to enforce the Zoning By-Law with reference to such violation. The Building Inspector shall commence proceedings pursuant to such order within seven (7) days after he has received written notice thereof.
VOTED: That the By-Laws as proposed be further amended by striking the words "Any person owning real estate within the Town who is aggrieved by reason of the fact that the use, enjoyment or value of his property has been substantially affected," and substituting therefor the words "Any person owning an interest in real estate in the Town who is aggrieved."
VOTED: To so amend.
Unanimous vote. Approved June 19, 1962
Edward J. McCormack, Jr.
Attorney General
ARTICLE 62
Will the Town vote to amend the Zoning By-Law by adding a new sub-section 6-4 as follows:
6-4. No lot upon which a building stands shall be reduced in size by con- veyance of any part thereof, or by any other means, (other than by reason of natural erosion of seashore lots) so that the area remaining has less than the area and dimensions required by this section.
VOTED: To so amend.
Unanimous vote.
Approved June 19, 1962
Edward J. McCormack, Jr.
Attorney General
ARTICLE 63
Will the Town vote to amend the Zoning By-Law by adding a new section 13 as follows:
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13. No building, hereafter erected, and no premises, the use of which is hereafter altered or modified, shall be used in the case of new building, or put to such new or modified use, until the Building Inspector shall have issued a certificate that such new building has been completed, or the premises physically remodelled in accordance with the regulations and by-laws of the Town relating thereto and specifying the uses to which the premises may lawfully be put. Said certificate may be endorsed on the building permit if one is issued in connection with the such new use of the property, or a separate certificate may be issued. No such property shall be put to any use not specified on said certificate. The issuance of said certificate and the terms thereof, or the failure of the Building Com- missioners to issue it after demand in writing, shall constitute an order from which the owner of such property shall have a right of appeal to the Board of Appeals.
VOTED: No.
ARTICLE 64
Will the Town vote to designate as Zone "A-2" under the Zoning By-Laws the land designated as First Cliff on a map entitled "Supplementary Zoning Map" dated May 18, 1953, signed by the Planning Board and filed in the office of the Town Clerk, and bounded and described as follows:
Southeasterly by the Northern boundary of Edward Foster Road from the mid- point of the channel at the bridge on said Edward Foster Road to the Northerly turning of said Edward Foster Road; and thence by an extension of said
boundary to the high water line
Northeasterly by the high water line to the stone jetty at the Scituate Harbor entrance;
Westerly, Southerly, and Westerly by the high water line on Scituate Harbor to the point of beginning at the midpoint of said channel.
VOTED: Yes 106 No 162
ARTICLE 65
To see if the Town will vote to amend its By-Laws by adding the following thereto;
SECTION 1. DECLARATION OF INTENT
In our free society, the honor of holding a public office is sought and accepted freely and without duress. Commensurate with this great honor is the great pub- lic trust imposed. Each public official intrusted with the welfare, prosperity, security and safety of the people he serves, must observe standards above the morals of the market place, and should endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.
The people are entitled to know that no substantial conflict between private interest and official duties should exist in those who serve them. The public in- terest, therefore, requires that the law protects against such conflicts of interest
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and establish appropriate ethical standards with respect to the conduct of public officials, where actual or potential conflicts exist, but without unduly impeding the recruitment and retention, by the Town, of those men and women qualified to serve it. It is the intent of the Town that this By-Law shall serve not only as a guide for official conduct of the town's public officers and employees but also as a basis for discipline for those who refuse to abide by its terms.
SECTION 2. DEFINITIONS
In this Section, the following words, unless a different meaning is required by the context or is specifically prescribed, shall mean the following:
"Officer or Employee" any person holding Town office, elective or appoin- tive, including members of standing committees, Boards or Commissions of the Town, and including persons employed by, or holding a position in the Town and serving for salary or other payment, for their services.
"Compensation" means any money, thing of value, or financial benefit con- ferred in return for services rendered or to be rendered.
SECTION 3. STANDARDS OF CONDUCT
(a) No officer or employee of the Town should disclose, or use for his per- sonal interest, any confidential information which he has acquired in the course of his official duties.
(b) No officer or employee of the Town should use or attempt to use his of- ficial position to secure unwarranted privileges or exemptions for himself or others, nor to gain collateral personal advantages from his official activities.
(c) No officer or employee of the Town should engage in any transaction as representative or agent of the Town with any business entity in which he or his spouse has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his official duties.
(d) No officer or employee of the Town should by his conduct or otherwise, give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official duties, or that he is unduly affected by the kinship, rank, position or influence of any other person.
(e) No officer or employee of the Town should place himself in the position where, for some advantage to be gained for himself, he find it difficult or impos- sible to devote himself with complete energy and loyalty to the public interest, nor shall he place himself in a position in which his objectivity is compromised, or his independence of judgment impaired.
SECTION 4. RULE WITH RESPECT TO APPOINTING POWERS
No officer having power or authority to appoint any Town Officer or employee shall appoint himself, any member of his Board or Committee, or any member of his family to any salaried office or position in the Town.
SECTION 5. RULE WITH RESPECT TO CONFLICT OF INTEREST
(a) No officer or employee of the Town shall sell materials or supplies to the Town, nor receive any compensation directly or indirectly, for services
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rendered by him to the Town, except his official salary and fees allowed by law, without obtaining permission of the Board of Selectmen expressed in a vote which shall appear on their records, and be made open to public inspection.
(b) No officer or employee of the Town shall participate in any transaction which requires supervision or regulation by himself in his official capacity by the Board or committee of which he is a member, or by any Town officer or em- ployee which he or the committee or Board of which he is a member, has ap- pointed, without first obtaining permission of the Board of Selectmen expressed in a vote which shall appear on their records and be made open to public inspection.
(c) The Selectmen shall set up and adopt appropriate rules, regulations and procedures in order to efficiently implement this section.
SECTION 6. ENFORCEMENT
(a) The Treasurer shall pay no bills contracted in violation of any provision of this Chapter, without unanimous vote of the Board of Selectmen, which shall appear on their records with the reasons therefor and shall be made open for public inspection.
(b) There shall be a penalty of Twenty Dollars ($20.00) imposed for each violation of Section 5 of this By-Law.
(c) The Selectmen shall investigate any alleged violation of this Chapter when they have cause which they deem reasonable to believe that there has been a violation. Specifications of any apparent violation of this Chapter shall be made in writing upon the officer or employee involved, stating the alleged violation. The said officer or employee shall have the opportunity to request a hearing or to sub- mit written evidence explanations or other proofs or arguments to mitigate or to rebut the existance of any violation. The Selectmen may then determine the exist- ance of any apparent violation stating their reasons for so determining, which shall appear on their record, which shall be made open for public inspection.
(d) A full statement of the pertinent facts related to any apparent violation shall be made a public record as a part of the Selectmen's Annual Report, which shall be printed in the Town's Annual Report. Any officer or employee of the Town who purposely or knowingly fails to comply with one or more of the fore- going standards of conduct or rules with respect to conflict of interest shall make himself liable for expulsion, removal from office or discharge, whichever is applicable.
VOTED: That the Town adopt the By-Law amendment as it is printed in the warrant with the following exceptions, deleting Sections 1, 2 and 4 in their entirety and in Section 6 wherever the word "Chapter" appears insert the word "By-Law."
Approved June 19, 1962
Edward J. McCormack, Jr.
Attorney General
ARTICLE 66
To see if the Town will authorize the Park Commissioners to appoint them- selves to positions on the labor force of the Park Department for the year 1962.
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VOTED: Yes (voice vote).
ARTICLE 67
To see if the Town will vote to amend its By-Laws
(a) By changing section 2 of the By-Laws relating to the general conduct of Town Affairs to read:
"The Annual Meeting shall be held on the third Monday in March and further sessions of said Meeting as required to complete action on the matters covered by the warrant thereof shall be held on the succeeding Wednesdays, Fridays and Mondays. Each session of said meeting shall be convened at 7:00 P.M., at such place as shall be designated by the selectmen in the warrant for the initial session, and shall, unless the meeting otherwise directs by two-thirds (2/3) vote, be adjourned at the conclusion of action on any Article under consideration at 11:00 P.M. The annual election of officers shall be held on the third Saturday in March," and/or
(b) By changing section 4 of the By-Laws relating to conduct of Town Meetings to read:
"No vote of a Town Meeting shall be reconsidered by said Town Meeting except by a two-thirds vote at the same session thereof which adopted such vote except that a vote may be reconsidered by a two-thirds vote at any subsequent session of the Town Meeting if notice of intention to move for reconsideration is given, within one (1) hour after the adoption of such vote, to the voters present at the session of the meeting at which such vote was adopted or, if such session has been adjourned, within said one (1) hour period, to the Town Clerk."
or act thereon.
VOTED: That the amendment to Section 2 of the By-Laws relating to the General Conduct of Town Meetings as printed in Paragraph (a) of Article 67 be adopted with the change that the date for the Annual Election of officers be set as the last Saturday in March.
Voted that action under Paragraph (b) of this article be indefinitely postponed.
Approved June 19, 1962
Edward J. McCormack, Jr.
Attorney General
ARTICLE 68
If an appeal is made from a decision of Moderator by seven voters, the Mod- erator shall immediately put the question of the appeal to a vote.
Article withdrawn.
ARTICLE 69
Will the Town vote to amend the vote taken under Article 45 of the Warrant for the Annual Town Meeting of 1955 to create terms of office and to establish a
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new method of filling vacancies in the School and Public Building Committee as follows:
1. The term of office of Mr. Richard S. Brown shall expire on March 31, 1963, and the vacancy so created shall be filled by appointment of the Selectmen for a term of three years, and for successive three year terms thereafter. 2. The term of office of Mr. Thomas E. Gleason shall expire on March 31, 1963, and the vacancy so created shall be filled by appointment of the School Committee for a term of three years, and for successive three year terms there- after.
3. The term of office of Mrs. Evelyn M. Finnegan shall expire on March 31, 1964, and the vacancy so created shall be filled by appointment of the Planning Board for a term of three years, and for successive three year terms thereafter. 4. The term of office of Mr. Dana G. Mauch shall expire on March 31, 1964, and the vacancy so created shall be filled by appointment of the Advisory Com- mittee for a term of three years, and for successive three year terms thereafter.
5. The term of office of Mr. Ernest A. Herzog shall expire on March 31, 1965, and the vacancy so created shall be filled by appointment of the Selectmen for a term of three years, and for successive three year terms thereafter.
6. The term of office of Mr. Mario Bongarzone shall expire on March 31, 1965, and the vacancy so created shall be filled by appointment of the School Committee for a term of three years, and for successive three year terms thereafter.
7. The term of office of Mr. EdwardS. Rand shall expire on March 31, 1966, and the vacancy so created shall be filled by appointment of the Planning Board for a term of three years, and for successive three year terms thereafter. 8. In the event of a vacancy occurring either prior to the times above estab- lished or thereafter by reason of the resignation of incapacity of any of the mem- bers of the School and Public Building Committee, such vacancy shall be filled for the remainder of the unexpired term by appointment of the board or committee empowered hereunder to appoint such member's successor.
9. Notwithstanding the expiration dates of terms specified above, a member of the School and Public Building Committee shall remain in office with full power to act until his successor is duly appointed and qualified.
VOTED: To so amend with the following changes in the term of office:
1. The term of office of Mr. Richard S. Brown shall expire March 31, 1962.
2. The term of office of Mr. Thomas E. Gleason shall expire March 31, 1962.
3. The term of office of Mrs. Evelyn M. Finnegan shall expire March 31, 1962.
4. The term of office of Mr. Dana G. Mauch shall expire March 31, 1963.
5. The term of office of Mr. Ernest A. Herzog shall expire March 31, 1963.
6. The term of office of Mr. Mario Bongarzone shall expire March 31, 1964.
7. The term of office of Mr. Edward S. Rand shall expire March 31, 1964.
ARTICLE 70
Will the Town vote to authorize the Selectmen to sell to the Humarock Beach Improvement Association for not less than dollars, the following described property:
Land on the NORTHWESTERLY side of Harvard Street in the Humarock section of the Town of Scituate bounded:
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TOWN OF SCITUATE ANNUAL REPORT
SOUTHEASTERLY WESTERLY
by Harvard Street, seventy and 00/100 (70.00) feet; by filled land of the Town of Scituate and owners un- known, one hundred twenty-six and 00/100 (126.00) feet, more or less;
NORTHWESTERLY
by other land of the Town of Scituate, seventy and 00/100 (70.00) feet; and
EASTERLY
by other land of the Town of Scituate now used as a parking lot, one hundred twenty-six and 00/100 (126.00) feet, more or less.
Containing eight thousand four hundred and 00/100 (8400.00) square feet as shown on a plan on file in the office of the Town Engineer and being a portion of the premises conveyed to the Town of Scituate by deed of Walter A. Tapley dated November 10, 1931, and recorded with Plymouth Deeds in Book 1623, Page 9.
VOTED: To indefinitely postpone.
ARTICLE 71
Will the Town vote to raise and appropriate a sum of money to pay the awards for land damages assessed against the Town by the Plymouth County Commis- sioners for land takings for the relocation of Kent Street and Driftway.
VOTED: To raise and appropriate $2,774.00.
ARTICLE 72
Will the Town raise and appropriate the sum of $737 .. 64 for the payment of bills of previous years, said payments to be as follows:
1957 Bill of First National Stores, Inc.
$25.00
1958 Bill of First National Stores, Inc.
30.00
1958 Bill of Ernest A. Richardson
95.00
1959 Bill of Ernest A. Richardson
402.88
1960 Bill of First National Stores, Inc.
25.00
1961 Bill of The Great Atlantic & Pacific Tea Co., Inc.
15.00
1961 Bill of First National Stores, Inc.
50.00
(Veterans' Benefits)
1961 Bill of Pitcher & Company, Inc.
94.76
(Police Department)
$737.64
VOTED: To raise and appropriate $737.64
ARTICLE 73
To see if the Town will raise and appropriate the sum of $500.00 for a series of band concerts to be given during the summer season by the Satuit Band, or act thereon.
VOTED: To raise and appropriate $500.00. Unanimous vote.
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TOWN OF SCITUATE ANNUAL REPORT
ARTICLE 74
To see if the Town will raise and appropriate the sum of $1,000.00 for the care of soldiers neglected graves in accordance with the provisions of G. L., Chapter 115, or act thereon. (Ter. Ed.)
VOTED: To raise and appropriate $750.00.
ARTICLE 75
To see if the Town will raise and appropriate the sum of $350.00 for the pur- pose of providing quarters for the Satuit Post 3169, Veterans of Foreign Wars, in accordance with provisions of G.L., Chapter 40 (Ter. Ed.) Sec 9 or act thereon.
VOTED: To raise and appropriate $350.00.
ARTICLE 76
To see if the Town will raise and appropriate the sum of three hundred fifty ($350.00) dollars for the purpose of providing quarters for the American Legion Post No. 144, in accordance with Provisions of G.L., Chapter 40 (Ter. Ed.) Sec. 9, or act thereon.
VOTED: To raise and appropriate $350.00.
ARTICLE 77
Will the Town appropriate the sum of $400.00 for the purpose of stocking ponds and other inland water located within the Town's limits with fish, and of liberating game, as defined in Chapter 40, Section 5, Subsection 41, within said limits and to meet the necessary expenses incidental thereto, including the feeding of game so liberated as provided in Chapter 142 of the Acts of 1938, or act on anything relating thereto.
VOTED: To raise and appropriate $400.00.
ARTICLE 78
To see if the Town will raise and appropriate the sum of $100.00 for the County Aid to Agriculture and authorize the Board of Selectmen to appoint a Town Director as provided in Chapter 128 of G.L., as amended by Chapter 319 of the Acts of 1957, or act thereon.
VOTED: To raise and appropriate $100.00.
ARTICLE 79
Will the Town vote to authorize the Selectmen to transfer land hereinafter described to Arthur F. Sylvester in consideration of the repayment to the Town of welfare assistance given to Sylvester's father; said land having been conveyed to the Town of Scituate as security for said repayment only and upon the express
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TOWN OF SCITUATE ANNUAL REPORT
condition that the Town would re-convey the land upon such repayment; and ratify and confirm a deed to said premises from the Town of Scituate to Arthur F. Sylvester dated February 16, 1960, and recorded with Plymouth Deeds at Book 2787, Page 54. Said property is bounded and described as follows:
Easterly and Southerly by said First Parish Road, Westerly by land of David L. Studley and the "Town Swamp" so called, and Northerly by land now or formerly of Isabel Chadbourne, containing about three acres more or less. Also, a certain parcel of field land lying in said Scituate on the southerly side of First Parish Road, bounded and described as follows:
Commencing at the Northeasterly corner of said lot on First Parish Road, thence running Southerly and bounded Easterly by the house lot now or for- merly of Davis Jenkins, thence running Westerly and bounded southerly by land of said Davis Jenkins to said First Parish Road, thence running Northerly and Easterly and bounded Westerly and Northerly by said First Parish Road to the point of beginning, it being the premises known as the Corner field and containing about four acres more or less.
Also a certain parcel of swampland lying in said Scituate adjoining the grantee's homestead lot, bounded and described as follows:
Beginning at the northeast corner of the granted premises at the Westerly end of the wall forming the division between land now or formerly of said Chadbourne and said Sylvester, thence running Westerly in a straight line with said wall, thirty-five feet to an iron pipe post, thence turning and running Southerly with land now or formerly of J. Loring Litchfield seventy-six feet to end of old stone wall and land of said Sylvester, thence in a curved line Northeasterly with said Sylvester's land to the first mentioned wall and point of beginning.
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