USA > Massachusetts > Worcester County > Southbridge > Town annual reports of the officers of Southbridge for the year ending 1962-1966 > Part 45
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The moderator stated: "I will read Article 51 which is a res- olution but I'm requesting that I omit reading Article 52 and 54. These articles contain the same resolution as Article 51.
VOTED: (unanimously) That moderator eliminate the read- ing of Article 52 and 54.
Result of vote : Gymnasium : unanimous vote.
ARTICLE 51. To see if the Town will vote the following solution :
Resolution authorizing filing application with the United States of America for an advance to provide for the plan- ning of public works under the terms of Public Law 560, 83d Congress of the United States, as amended.
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Whereas, the Town of Southbridge, after thorough consideration of the various aspects of the problem and study of available data has hereby determined that the construction of certain public works, generally described as construction of the Cohasse Brook Improvements is desirable and, in the public interest and to that end, it is necessary that action preliminary to the construction of said works be taken immed- iately ; and
Whereas, under the terms of Public Law 560, 83d Con- gress, as amended, the United States of America has auth- orized the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys. designs, plans, working drawings, specifications or other action preliminary to and in preparation for the construc- tion of public works ; and
Whereas, the Town has examined and duly considered such act and the Town considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection therewith ;
Now, therefore, be it resolved, by the Town Meeting assembled of the Town of Southbridge as follows:
1. That the construction of said public works is essential to and is to the best interests of the Town, and to the end that such public works may be provided as promptly as practic- able, it is desirable that action preliminary to the construction thereof be undertaken immediately ;
2. That the Chairman of Board of Selectmen be hereby authorized to file, in behalf of the Town, an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the Town to aid in defraying the cost of plan preparation for the above-described public works, which shall consist gen- erally of final plans and specifications ;
3. That if such advance be made, the Town shall provide or make necessary arrangements to provide such funds, in addi- tion to the advance, as may be required to defray the cost of the plan preparation of such public works;
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4. The said Chairman of the Board of Selectmen is hereby authorized to furnish such information and take such action as may be necessary to enable the Town to qualify for the advance ;
5. That the officer designated in the preceding paragarph is hereby designated as the authorized representative of the Town, for the purpose of furnishing to the United States such information, data and documents pertaining to the application for an advance as may be required; and other- wise, to act as the authorized representative of the Town in connection with this application ;
6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States.
Finance Committee's recommendation : To refer to the Town Meeting.
The following motion presented and seconded :
Voted in the affirmative.
The following substitute motion presented and seconded :
Voted indefinite postponement.
The substitute motion was defeated.
Result of vote : Gymnasium : It's defeated.
The motion carried :
VOTED : In the affirmative.
Result of vote : Gymnasium : It's a vote.
ARTICLE 52. To see if the town will vote the following resolution :
Resolution authorizing filing application with the Uni- ted States of America for an advance to provide for the planning of public works under the terms of Public Law 560, 83d Congress of the United States as amended.
Whereas, the Town of Southbridge, after thorough con- sideration of the various aspects of the problem and study of available data has hereby determined that the construction of certain public works, generally described as construction of the Nuisance Brook Improvements is desirable and, in the public interest and to that end, it is necessary that action preliminary to the construction of said works be taken immed- iately ; and
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Whereas, under the terms of Public Law 560, 83d Con- gress, as amended, the United States of America has auth- orized the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys, designs plans, working drawings, specifications or other action preliminary to and in preparation for the construc- tion of public works ; and
Whereas, the Town has examined and duly considered such act and the Town considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection therewith;
Now, therefore, be it resolved, by the Town Meeting assembled of the Town of Southbridge as follows :
1. That the construction of said public works is essential to and is to the best interests of the Town, and to the end that such public works may be provided as promptly as practicable, it is desirable that action preliminary to the construction thereof be undertaken immediately ;
2. That the Chairman of Board of Selectmen be hereby authorized to file, in behalf of the Town, an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the Town to aid in defraying the cost of plan preparation for the above-described public works, which shall consist gener- ally of final plans and specifications ;
3. That if such advance be made, the Town shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works ;
4. The said Chairman of the Board of Selectmen is hereby authorized to furnish such information and take such action as may be necessary to enable the Town to qualify for the advance ;
5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the Town, for the purpose of furnishing to the United States such information data and documents pertaining to the appli- cation for an advance as may be required; and otherwise, to act as the authorized representative of the Town in connec- tion with this application ;
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6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States.
Finance Committee's recommendation : To refer to the Town Meeting.
The following motion presented, seconded and carried :
VOTED: In the affirmative.
Result of vote : Gymnasium : It's a vote.
ARTICLE 53. To see if the Town will vote to authorize the Board of Selectmen to convey to Raymond L. Mckinstry and to Ralph Clifford Mckinstry for a minimum amount of $100.00 a parcel of town owned land containing approximately 9.51 acres on the westerly side of Pleasant Street, said land being described as follows :
Beginning to a point on the westerly side line of Pleasant Street said point being opposite Station 65 + 17 of the 1959 County Layout of Pleasant Street ;
Thence northerly along a stone wall by land of Raymond L. and Ralph Clifford Mckinstry for a distance of about twelve hundred seventy (1270) feet to a corner of walls ;
Thence easterly along a stone wall by land of John M. Wells for a distance of about eight hundred (800) feet to the west- erly side line of a proposed layout of Pleasant Street ;
Thence southwesterly and southerly along the westerly side line of said proposed layout of Pleasant Street for a distance of about eight hundred twenty (820) feet to a Worcester County Highway (WCH) bound in the ground. Said bound marking the northerly terminus of the 1959 layout of Pleasant Street ;
Thence S 4°10'15" W for a distance of two hundred seventy nine and fifty-four hundredth (279.54) feet to a Worcester County Highway (WCH) bound in the ground ;
Thence southerly and southwesterly along a curve having a radius of 970.00' for a distance of about five hundred four (504) feet to point of beginning. Said parcel of land con- taining approximately 9.51 acres.
Meaning and intending to convey all land lying westerly of the westerly line of said Pleasant Street and proposed Pleasant Street; being a portion of land conveyed to the inhabitants of the Town of Southbridge by George H.
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Clemence exec. by deed dated June 29, 1944, recorded in Worcester District Registry of Deeds Bk. 2920, page 506. Providing that Raymond L. Mckinstry and Ralph Clifford Mckinstry grant to the Town of Southbridge by proper instruments, easements for clearing of trees from the areas in the approach zone which are outside the property limits of the airport in accordance with FAA & CAA regulations. Said easements to include the aforesaid land and all other land owned by Raymond L. Mckinstry and Ralph Clifford Mc- Kinstry, bordering the airport wherein the approach zone requirements apply, or act anything thereon.
Finance Committee's recommendation : To refer to the Town Meeting.
The following motion presented, seconded and carried :
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 54. To see if the town will vote the following resolution :
Resolution authorizing filing application with the United States of America for an advance to provide for the planning of public works under the terms of Public Law 560, 83rd Congress of the United States, as amended.
Whereas, the Town of Southbridge, after thorough con- sideration of various aspects of the problem and study of available data has hereby determined that the construction of certain public works, generally described as construction of an addition to the library is desirable and, in the public interest and to that end, it is necessary that action prelim- inary to the construction of said works be taken immediately ; and
Whereas, under the terms of Public Law 560, 83rd Congress, as amended, the United States of America has authorized the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys, designs, plans, working drawings, specifications or other action preliminary to and in preparation for construction of public works ; and Whereas, the Town has examined and duly considered such act and the Town considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection therewith ;
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Now, therefore, be it resolved, by the Town Meeting assembled of the Town of Southbridge as follows :
1. That the construction of said public works is essential to and is to the best interests of the Town, and to the end that such public works may be provided as promptly as practicable, it is desirable that action preliminary to the construction thereof be undertaken immediately ;
2. That the Chairman of Board of Selectmen be hereby authorized to file, in behalf of the Town, an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the Town to aid in defraying the cost of plan preparation for above-described public works, which shall consist general- ly of final plans and specifications ;
3. That if such advance be made, the Town shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works ;
4. The said Chairman of the Board of Selectmen is hereby authorized to furnish such information and take such action as may be necessary to enable the Town to qualify for the advance ;
5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the Town, for the purpose of furnishing to the United States such information, data and documents pertaining to the ap- plication for an advance as may be required; and otherwise to act as the authorized representative of the Town in con- nection with this application.
6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States.
Finance Committee's recommendation : To refer to the Town Meeting.
The following motion presented, seconded and carried :
VOTED: In the affirmative.
Result of vote : Gymnasium : It's a vote.
ARTICLE 55. To see if the Town will vote to hear, act on and accept a public way, a certain street known as Westwood Parkway from the Southeast terminus of the 1960 layout of said
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Westwood Parkway, southwesterly and southcasterly for a total distance of about (455) feet, or act anything thereon.
Finance Committee's recommendation : To refer to the Town Meeting.
The following motion presented, seconded and carried :
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 56. To see if the Town will vote to raise and appropriate, borrow or transfer, the sum of two thousand five hundred ($2,500.00) dollars to be used in the preparation of plans for Nuisance Brook Improvements, said money to be used under Chapter 91 of the General Laws in conjunction with money which may be allotted by the State and/or County, or both, for this purpose, or act anything thereon.
VOTED: In the affirmative for $2,500.00 out of the funds voted under Article 27 of the Annual Town Meeting held March 11, 1963.
Result of vote : Gymnasium : It's a vote.
ARTICLE 57. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of one hundred ($100.00) dollars, for the removal of maple tree and stump located at num- ber 186 Marcy Street, said tree roots are raising driveway. Work to be done under the supervision of the Tree Warden, or act any- thing thereon.
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 58. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of four hundred fifty ($450.00) dollars, to fertilize 15 town trees on Main Street, to improve the condition and appearance of these trees. Work to be done under the supervision of the Tree Warden, or act anything thereon.
VOTED: In the affirmative for $450.00, with work to be done under the supervision of the Tree Warden.
Result of vote : Gymnasium : It's a vote.
ARTICLE 59. To see if the Town will vote to raise and appropriate, borrow or transfer, the sum of four hundred sixty (460.00) dollars, to buy and plant 20 shade trees on various
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town streets where trees have been removed, and on new streets. If tree or trees are planted on private land, said owner or owners of private land shall release to the Town all their rights by proper instrument. Work to be done under the supervision of the Tree Warden, or act anything thereon.
VOTED: In the affirmative for $460.00, and if trees are planted on private land, said owner or owners will release to the Town all their rights by proper instrument with work to be done under the supervision of the Tree Warden.
Result of vote : Gymnasium : It's a vote.
ARTICLE 60. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of one thousand five hun- dred ($1,500.00) dollars, for Mosquito Control, said sum to be used for insecticide, labor and equipment. To apply insecti- cide to swamps and low areas containing collections of water to prevent further breeding, or act anything thereon.
VOTED: In the affirmative for $500.00. Work to be done under the supervision of the Tree Warden.
Result of vote : Gymnasium : It's a vote.
ARTICLE 61. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of two hundred eighty- five ($285.00) dollars, for the removal of Elm tree and stump 12 inches below sidewalk grade, located at number 85 Hamilton Street. Said removal to include necessary repairs to sidewalk and cement to abutting property. Work to be done under the super- vision of the Tree Warden, or act anything thereon.
VOTED: In the affirmative for 285.00. Work to be done under the supervision of the Tree Warden.
Result of vote : Gymnasium : It's a vote.
ARTICLE 62. To see if the Town will vote in accordance with Section 22B and 22C of Chapter 40 of the General Laws to authorize the Board of Selectmen to lease for a period of one year from the first day of April 1964, property located at the corner of Main and Goddard Streets, owned by Martin Realty Co., of Auburn, Inc., to be used for off-street parking upon such terms and conditions as the Board of Selectmen might determine and to raise and appropriate, borrow or transfer a sufficient sum of money to cover the cost of such lease, public liability insurance
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and the cost of policing and maintaining said areas, or act any- thing thereon.
VOTED: In the affirmative for $2,000.00.
Result of vote : Gymnasium : It's a vote.
ARTICLE 63. To see if the Town will vote to raise and appropriate, borrow or transfer, a sum of money to purchase from Eva and Desanges Chamberland lot #15 as shown on plan of "Pleasant Street Heights" dated October 1, 1922, drawn by J. A. Genereux, or act anything thereon.
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 64. To see if the Town will vote to hear act on and accept the report of the Board of Selectmen as to the laving out of a public way, a certain street known as Buckley Street com- mencing at the northerly line of Belmont Street, thence north- easterly for a distance of about six hundred twenty-seven (627) feet to the southerly line of Hillcrest Avenue, or act anything thereon.
Finance Committee's recommendation : To refer to the Town Meeting.
The following motion presented, seconded and carried :
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 65. To see if the Town will raise and appro- priate, borrow or transfer, a sum of money for the construction of Buckley Street from Belmont Street northeasterly to Hillcrest Avenue a distance of about six hundred and twenty-seven (627) feet, or act anything thereon.
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 66. To see if the Town will vote to raise and appropriate, borrow or transfer, the sum of three hundred thou- sand ($300,000.00) dollars for the purpose of constructing and intercepting sewer on East Main Street from the existing 27 inch sewer at Morris Street, easterly for a distance of about 3600 feet to the existing inverted siphon at the Quinebaug River.
Finance Committee's recommendation : To be made at Town Meeting.
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The following motion presented by the Finance Committee, seconded by Edgar McCann, and carried :
VOTED: That the sum of $300,000.00 be appropriated for the construction of the East Main Street intercepting sewer, and that to meet said appropriation the sum of $10,000.00 be raised in the tax levy of the current year, and that the treasurer, with the approval of the selectmen, is hereby authorized to borrow the sum of $290,000.00 under the provisions of General Laws, Chap- ter 44, Section 7, and to issue bonds or notes of the town therefore payable in accordance with said Chapter 44 so that the whole loan shall be paid in not more than ten (10) years from the date of issue of the first bond or note; and that all funds received from the Federal Government for this purpose shall be used to reduce the amount to be borrowed by the town on serial bonds or notes.
The Town Counsel informed the moderator: Count is neces- sary on this vote.
The moderator announced: 523 "present in the auditorium." He called for a "YES" and "NO" vote.
Result of vote: The moderator announced: "That it was unanimous except for 8 "NO" votes."
The assistant moderator announced: "35 present in the gym- nasium and only 1 vote in the opposition."
ARTICLE 67. To see if the Town will vote to raise and appropriate , borrow or transfer the sum of $700.00 to the Dam- ages to Property Account, or act anything thereon.
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 68. To see if the Town will vote to hear, act on, and accept the report of the Board of Selectmen, as to the laying out of a public way, a certain street known as Jerome Street, commencing at the westerly side line of Charlton Street, thence westerly for a distance of about four hundred forty (440) feet, or act anything thereon.
Finance Committe's recommendation : To refer to the Town Meeting.
The following motion presented, seconded and carried :
VOTED: To accept the report of the Board of Selectmen as to the laying out of a public way a certain street known as Jerome Street, commencing at the westerly side line of Charlton
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Street, thence westerly for a distance of about four hundred forty (440.00) feet.
No Land Damages.
Result of vote : Gymnasium : It's a vote.
ARTICLE 69. To see if the Town will vote to raise and appropriate, borrow or transfer a sum of money to construct a storm water drain on Jerome Street, from a point 250 feet wester- ly from Charlton Street to Cady Brook, for a distance of about two hundred seventy-five (275) feet, or act anything thereon.
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 70. To see if the Town will vote to appropriate the sum of $3,500.00 to retain a firm of consulting engineers to assist the Authority to prepare a workable program for submission to the Federal Government for funds to begin actual planning of the Town's proposed first Urban Renewal Project.
VOTED: Indefinite postponement.
Result of vote : Gymnasium : It's a vote.
ARTICLE 71. To see if the Town will vote an addition to the Zoning By-laws of the Town of Southbridge, Massachusetts, to read as follows: Section III General Provisions, #12 Trailer Laws: (a) No house trailer or mobile home may be permanently located on any lot within the Town of Southbridge, except within a recognized trailer park, or mobile home court. (b) No house trailer or mobile home may be situated within the Town of South- bridge for more than ninety days, for the purpose of occupancy in any twelve months period. (c) The Planning Board shall have full power of determining location of mobile home courts, or house trailer parks, after holding a public hearing. Notice of said hear- ing to be given at least 10 days in advance. Any applicant seek- ing permission for said park or court must meet all requests, rules, and regulations of Planning Board, and the Board of Health at the time permission is acquired. Planning Board must make its decision in conjunction with the Massachusetts General Laws, and in the interest of good planning.
Recommendation of Finance Committee: Referred to Town Meeting.
The following motion presented, seconded and carried.
VOTED: Addition to the Zoning By-Laws of the Town of Southbridge to read as follows: Section III General Provisions,
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#12 Trailer Laws : (a) No house trailer or mobile home may be permanently located on any lot within the Town of Southbridge, except within a recognized trailer park, or mobile home court. (b) No house trailer or mobile home may be situated within the Town of Southbridge for more than ninety days, for the purpose of occupancy in any twelve month period.
Note : Before foregoing motion was acted upon by the voters, the moderator did inform them that a 2/3 vote was necessary. "As in the past, I do hope you will vote unanimously in the affirmative so that a count will not be necessary. Thank You."
The moderator stated: "It's a vote. More than by 2/3 vote." (4 opposed in auditorium, 1 opposed in gymnasium.)
Copy of Article 71 and action taken thereon, mailed to Attorney General on November 20, 1964.
Received Attorney General's approval December 1, 1964.
Copy of Article 71 and action taken thereon with the Attor- ney General's approval published in The Southbridge News on December 22, 23, 24, 1964.
On December 4, 1964, I forewarded photostat copies of the Attorney General's approval with the exception of Paragraph "C" which disapproved, and deleted therefrom to the Southbridge Planning Board and the Board of Selectmen.
Paragraph "C" is disapproved for the reason that a town may not delegate the discretion to determine the location of Trailer Coach Parks to the Planning Board. G. L. c. 140, 32A-32L gives certain powers in relation to such parks to the Board of Health, and G. L. c. 40A (the zoning enabling act) provides that exceptions or variances to the zoning by-laws must be made by the Zoning Board of Appeals for the Selectmen, if there is no Board of Appeals.
Attest : Clare P. Boyer, Town Clerk.
COPY: Recommendation of Planning Board. Addition to the Zoning By-Laws of the Town of Southbridge, Mass. Section (3) General Provisions.
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