USA > Massachusetts > Worcester County > Southbridge > Town annual reports of the officers of Southbridge for the year ending 1962-1966 > Part 61
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative to transfer the sum of $500.00.
Article 5. To see if the Town will vote to transfer the sum of three hundred dollars ($300.00) from the Police Department Salary Account, Regular Patrolmen Division to the Other Ex- penses Account, Chief, Officers travels, Associations Division, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative to transfer the sum of $300.00.
Article 6. To see if the Town will vote to raise and appro- priate, borrow or transfer the sum of eight hundred dollars ($800.00) for the construction of a portion of the 1965 accept- ance of Coolidge Avenue for a distance of approximately one hundred (100) feet, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: Indefinite postponement.
Article 7. To see if the Town will vote to abandon that section of Breakneck Road from the southerly line of the 1904 relocation of South Street, southwesterly to the northerly line of the 1961 relocation of Breakneck Road for a distance of approximately two hundred twenty (220) feet, or act anything thereon.
Finance Committee's motion.
Indefinite postponement. Motion duly seconded.
Substitute motion presented and seconded.
To abandon that section of Breckneck Road from the southerly line of the 1904 relocation of South Street, south- westerly to the northerly line of the 1961 relocation of Break- neck Road for a distance of approximately two hundred twenty (220) feet.
Atty. Snyder presented the substitute motion and called for a vote in the affirmative. He explained his substitute mo- tion. He claimed this is a part of U.S. Government Flood Con-
126
trol contract signed in 1960 that had to be amended after the original contract had been approved by the Army Corps of Engineers and if we do not pass the substitute motion the U.S. Government can proceed with condemnation proceedings and take the road.
Mr. Ryan, a member of the Southbridge Planning Board asked: "Who inserted the article in the warrant?" The Select- men replied: "Mr. H. Racicot, the Town Engineer." Mr. Ryan claimed that the article should not have been put in the warrant because under Chapter 41, Section 81 I ... No public way shall be laid out, altered, relocated or discontinued unless the pro- posed laying out, alterations, relocation or discontinuances has been referred to the Planning Board for a report. This was not done. The Planning Board is opposed to the abandoning of this road.
He reported making a survey and none of the inhabitants living in that area did not want the abandonment. He also read a letter from the Hamilton Rod & Gun Club and they requested him to voice their disapproval of the abandonment of said road.
The Fire Chief reported making a survey and claims that the road should remain opened to assist the Fire Dept. in laying lines to get water.
Mr. Duff tried to point out that the road had been constructed in the wrong place to begin with by saying: "That the location of the road in itself was not the question. The question is the abandonment of the road as it is to-day."
The Town Counsel, Atty. Snyder, spoke again and re- stressed that it is part of the contract that the road be aban- doned. He also said: "That the Corps of Engineers had told him that they had never taken a road by condemnation for this rea- son because all the towns and counties had voted to abandon roads for them."
Mr. Richard Leduc spoke to the point that if the dam was closed by the engineers the water would rise to a point and you would only have to go 200 or 300 ft. not 1500 ft. as had been claimed by Fire Chief. He was perfectly agreeable to have a court case of this.
Mr. R. Lescarbeau, a former Sturbridge resident told us of a case in Sturbridge where it was voted to keep a bridge opened. Said bridge was supposed to be closed and in this case the government did not exercise its contractional right to close the bridge.
127
-----
-----
Mr. R. Lataille, a former member of the board of Selectmen stated: "It was the custom of the board to accept the rulings of the Town Counsel." He was a member of the board when the contract was signed and he did not think the intent of the Selectmen had been to close or abandon the road. He suggested that we explore the matter further.
Mr. R. Harwood spoke to the point that we had spent money repairing South Street and that should be taken into consideration and then he moved the previous question and it was seconded.
Mr. Ryan rose to a point of order ... that he wished to answer the previous speaker on . . . he explained that the boundary of South Street ends at the half-way mark on the bridge and the other line continues down in the middle of Quinebaug River.
The moderator stated: "That the passage of a motion to abandon land would require a two-thirds vote and he was going to call for it by a show of hands and if it was not clearly dis- cernable we would vote by division."
The moderator announced: "The show of hands of 200 in the negative, 3 in the affirmative."
The substitute motion was defeated.
The Finance Committee's motion carried.
VOTED: (Unanimously) Indefinite postponement.
Article 8. To see if the Town will vote to abandon that section of Old South Road from the westerly line of the 1961 Relocation of South Street as shown on Plans Decree 2028, Plan H3805R, dated March 9, 1961, thence northwesterly to the southerly line of South Street as relocated in 1904 by the County Commissioners, for a distance of approximately six hundred eighty (680) feet, or act anything thereon.
Finance Committee's motion : Indefinite postponement.
It was duly seconded.
Mr. Ryan, chairman of the Planning Board spoke to the point ... that the same reasons for not abandoning Breakneck Road should exist for not abandonment of Old South Road. The Planning Board is opposed to the abandonment of this road and again he referred to Chapter 41, Section 81 I. He did point
128
out that if this road is not abandoned that it should be plowed and taken care of properly.
Finance Committee's motion carried.
VOTED: (Unanimously) Indefinite postponement.
Article 9. To see if the Town will vote to amend the zon- ing by-laws and map of the Town of Southbridge to provide for extending the Heavy Industry District regulating the use to property situated on the northerly side of North Street and the southerly side of Quinebaug River, and more particularly de- scribed as follows:
Beginning on the northerly side of North Street at west- erly boundary of the American Optical Company ;
Thence northerly along the westerly boundary of said American Optical Company land, to the southerly shore line of said Quinebaug River;
Thence westerly along the southerly shore line of said Quinebaug River to the northeasterly corner of land of Romeo Godro;
Thence southerly along the easterly boundary of Godro land to the northerly side of North Street;
Thence easterly along the northerly side of North Street to the point of beginning, or act anything thereon.
Finance Committee's recommendation: Referred to the town meeting.
Mr. Ryan presented a Planning Board report and their recommendation which was put in a form of a motion: That the town amend the zoning by-laws and map to extend the Heavy Industry District on the northerly side of North Street. The moderator had requested and had received unanimous consent from the voters to eliminate the reading of the description of land. Mr. Ryan pointed out that the technical description would have to be read in full as it differed from the technical descrip- tion in the original article in the warrant. His motion was duly seconded. He then spoke in favor of the acceptance of the mo- tion presented by the Planning Board.
Atty. Sly spoke as a representative of the American Op- tical Co. He presented evidence to the effect that the phrase- ology which named North Street Extension as such or North Street at the westerly boundary of the AOCo. as being incor-
129
rect. In support of his claim he read letters which showed that this land is not North Street Extension but that it is part of AOCo. property.
Atty. Venie presented the following substitute motion:
That the Zoning By-laws and Map of the Town of South- bridge be and hereby are amended to provide for extending the Heavy Industry District regulating the use to property situated on the northerly side of North Street and the southerly side of Quinebaug River, and more particularly described as follows:
Beginning at a point at the southeasterly corner of land of Joseph Theodoss, et al, said point being at the westerly boundary of land of the American Optical Co .;
Thence northerly along the westerly boundary of said American Optical Company land to the southerly shore line of said Quinebaug River ;
Thence westerly along the southerly shore line of said Quinebaug River to the northwesterly corner of land of Universal Blank Co., Inc .;
Thence southerly along the westerly boundary of land of said Universal Blank Co. Inc., and of Sabatino DiGregorio to the northerly side of North Street;
Thence easterly along the northerly side of North Street to the southwesterly corner of land of said Joseph Theo- doss, et al;
Thence easterly along the southerly boundary of land of said Joseph Theodoss, et al to the point of beginning. Said substitute motion duly seconded.
Atty. Venie stated: He was representing Universal Blank Co. Inc.
His substitute motion changed the phraseology of the description of the land and eliminated the objection raised by the American Optical Company which they were afraid might cause litigation if it were passed in the form that Sly objected. Atty. Venie pointed out that his substitute motion used the terminology that took the measurements from inside boundary markers rather than the outside. These boundaries were read in detail by the moderator.
Mr. Ryan then spoke and reviewed the series of Planning Board Zoning Maps since their inception and asked the meeting to vote for the motion presented by the Planning Board with
130
the description contained therein. He further pointed out, that all town zoning maps showed such an extension.
Mr. John H. Leigh of 61 North Street spoke in opposition. He was against having any re-zoning passed at this meeting.
Chairman, Armand Bellerive, a member of the Board of Selectmen speaking officially and as an individual urged that we pass the substitute motion presented by Atty. Venie and thus show our confidence in the management of the Universal Blank Co. Atty. S. Anthony Caprera also a member of the Board of Selectmen spoke in favor of Atty. Venie's substitute motion stating that two attorneys had expressed their opinion that this was a proper legally drawn motion and he felt that we should take their opinions into consideration and vote yes. Mr. H. DiGregorio urged the passage of the substitute motion pre- sented by Atty. Venie. He also stated: "That Universal Blank Co. had obtained the ten necessary signatures of abuttors be- fore taking their action." Mr. Leigh raised a question as to why he wasn't asked to consent to the request for a zoning change. It was then pointed out by Mr. DiGregorio that they stopped getting signatures when they had obtained the necessary 10.
The previous question was called for and Mr. Ryan rose to a point of order and was allowed to correct two errors. It was his opinion that Atty. Venie had used an out-dated zoning map and he questioned the reaction to the publication of a pub- lic hearing called for by the Planning Board. He again asked the meting to vote for the motion presented by the Planning Board with the description contained therein. The moderator put the substitute motion to a vote and explained that a two- thirds vote would be necessary for passage.
On a hand count, 100 in favor and 4 opposed, it was
VOTED: That the Zoning By-laws and Map of the Town of Southbridge be and hereby are amended to provide for extend- ing the Heavy Industry District regulating the use to property situated on the northerly side of North Street and the southerly side of Quinebaug River, and more particularly described as follows:
Beginning at a point at the southeasterly corner of land of Joseph Theodoss, et al, said point being at the westerly boundary of land of the American Optical Co .;
Thence northerly along the westerly boundary of said
131
American Optical Company land to the southerly shore line of said Quinebaug River;
Thence westerly along the southerly shore line of said Quinebaug River to the northwesterly corner of land of Universal Blank Co., Inc .;
Thence southerly along the westerly boundary of land of said Universal Blank Co., Inc. and of Sabatino DiGregorio to the northerly side of North Street;
Thence easterly along the northerly side of North Street to the southwesterly corner of land of said Joseph Theo- doss, et al;
Thence easterly along the southerly boundary of land of said Joseph Theodoss, et al to the point of beginning.
Note: For copy of Planning Board's report please refer to page 397.
Article 10. To see if the Town will vote to amend the Zoning By-laws of the Town and the Zoning Map of the Town in order to rezone the property situated on Main Street and ex- tended northerly along Proulx Avenue; thence easterly along Wall Street to Pleasant Street; thence southerly along Pleas- ant Street to Main Street; thence westerly along Main Street to Proulx Avenue from Retail Business District to General Business District, or act anything thereon.
Finance Committee's recommendation.
Referred to the town meeting.
Atty. M. Morrill announced: "He was representing the Mechanic Realty Corporation and he presented the following motion :
To see if the Town will vote to amend the Zoning By-laws of the Town and the Zoning Map of the Town in order to re- zone the property situated on Main Street and extended nor- therly along Proulx Ave .; thence easterly along Wall Street to Pleasant Street; thence southerly along Pleasant Street to Main Street; thence westerly along Main Street to Proulx Ave- nue from Retail Business District to General Business District.
Said motion duly seconded.
Mr. Ryan rose to a point of order claiming that the mo- tion should not stand because the Planning Board is supposed to submit a report and a recommendation before motions can be accepted on planning changes. The moderator accepted the
132
correction and held up action and asked Mr. Ryan to present the report and recommendations of the Planning Board. Mr. Ryan submitted a report which stated that after a public hearing it was the recommendation of the Planning Board that Article 10 should receive a NO vote at the town meeting. Three members of the Planning Board signed the report calling for the negative vote. Messrs. Beaudry, Syriac and Ryan the other two members signed against the negative vote .. . Messrs. Para and Bousquet. The moderator than accepted Mr. Morrill's mo- tion and again it was duly seconded.
Atty. Morrill spoke in favor of his motion pointing out that this was a Business District at least in the public minds and that this would be good for the town as all good business ven- tures are good for the town. He then requested permission to have the management of the Sparkle Car Wash Inc. who will operate this Inc. to explain to the town meeting just what the plans and projected future that they expect will follow if per- mission is granted of the zoning change. The moderator ex- plained under the Town By-laws unanimous consent must be given before a nonregistered voter can be given the floor at a town meeting and called for a unanimous vote. Mr. Ryan stated that he would not give his consent. The moderator then ruled that Mr. Morrill's request was denied.
Mr. V. P. Tetreault moves the previous question which was seconded by several people. The moderator called for a vote and Mr. Ryan rose to a point of order and asked that he be al- lowed to speak to clarify several points. Mr. Morrill rose to a point of order and asked that the vote for the previous question be acted upon for Mr. Ryan who wanted to stand on his rights and refused permission for the outside representative to speak. Mr. Morrill standing on their rights called for an immediate vote. Mr. Ryan then told the moderator he was willing to with- draw his objection to having the Sparkle Car Wash Inc. rep- resentative speak, if this, in turn, would put aside the call for the previous question. The moderator did not accept Mr. Ryan's offer. The vote for the previous question passed,
on a hand count, 70 in favor 10 opposed,
it was
VOTED: To amend the Zoning By-Laws of the Town and the Zoning Map of the Town in order to rezone the prop- erty situated on Main Street and extended northerly along
133
Proulx Ave .; thence easterly along Wall Street to Pleasant Street; thence southerly along Pleasant Street to Main Street; westerly along Main Street to Proulx Avenue from Retail Busi- ness District to General Business District.
Note: The moderator had announced that a two-thirds vote was necessary for the passage of this vote.
Note: For copy of Planning Board's report refer to pp. 398.
Boston, Mass. November 29, 1965
The foregoing amendment to zoning by-laws adopted under article 10 is hereby approved. The zoning map is also approved. s/ Edward W. Brooke Attorney General
Received Attorney General's approval on November 30, 1965 10:17 A.M.
Attest : Clare P. Boyer Town Clerk
Legal Notice published in The Southbridge News December 10-11 & 13 1965.
Attest: Clare P. Boyer Town Clerk
Article 11. To see if the Town will vote to authorize the Board of Selectmen to transfer and convey by deed the title to the following described parcel of land, to Anthony Detar- ando, of Southbridge:
A parcel of land situated on the westerly side of Elm Street in the Town of Southbridge, County of Worcester, Com- monwealth of Massachusetts, bounded and described as follows:
Beginning at the Northeasterly corner thereof at a drill hole in concrete walk on the Westerly line of said Elm Street, said drill hole being the Southeasterly corner of land owned by the Grantee ;
Thence South 41° 32' West by the Westerly line of said Elm Street for a distance of ten (10) feet to a drill hole in concrete walk at land of the Grantor;
Thence North 50° 36' West by land of the Grantor for a distance of eighty-six and fifty-three hundredths (86.53) feet to an iron pin ;
134
Thence North 39º 42' East by land of the Grantee for a distance of ten (10) feet to a stone bound;
Thence South 50° 36' East by land of the Grantor for a distance of eighty-six and fifty-three hundredths (86.53) feet to the point of beginning.
Meaning and intending to convey a strip of land ten (10) feet in width Southerly of the Southerly line of land owned by the Grantee.
This parcel is shown as parcel "A" on plan entitled "Town of Southbridge, Plan of Proposed Exchange of Land owned by the Town of Southbridge, and Anthony Detarando," dated April 8, 1965, surveyed by H. A. Racicot.
Together with a right of way described as follows:
Beginning at the Northeasterly corner thereof at a drill hole in concrete walk on the Westerly line of said Elm Street, said drill hole being at the Southeasterly corner of the above described land, conveyed by the Town of Southbridge to Anthony Detarando;
Thence South 41º 32' West by the Westerly line of said Elm Street for a distance of fourteen (14) feet to a drill hole in concrete walk at land of the Town of Southbridge; Thence North 50° 36' West by land of the Town of South- bridge for a distance of eighty-six and fifty-three hun- dredths (86.53) feet to an iron pin at land of the Town of Southbridge;
Thence North 39º 42' West by land of the Town of South- bridge for a distance of fourteen (14) feet to an iron pin at land to be conveyed to Anthony Detarando;
Thence South 50° 36' East by the above-described parcel for a distance of eighty-six and fifty-three hundredths (86.53) feet to the point of beginning.
Meaning and intending to convey a fourteen (14) foot right of way Southerly of and adjacent to parcel to be conveyed to Anthony Detarando;
Said parcel as shown as parcel "C" on plan entitled "Town of Southbridge, Plan of Proposed Exchange of Land owned by the Town of Southbridge and Anthony Detarando" dated April 8, 1965, surveyed by H. A. Racicot.
The above parcel of land and right of way to be trans- ferred and conveyed in exchange for the following de- scribed parcel of land to be transferred and conveyed by
135
deed of Anthony Detarando to the inhabitants of the Town of Southbridge;
Land situated Westerly of the Westerly line of Elm Street in the Town of Southbridge, County of Worcester, Com- monwealth of Massachusetts, bounded and described as follows:
Beginning at the Southeasterly corner thereof at an iron pin, said iron pin being South 39º 42' West, a distance of ten (10) feet from a stone bound which presently marks the Northeasterly corner of land owned by the Town of Southbridge;
Thence South 39º 42' West by land of the said Town for a distance of one hundred twenty and sixty-seven hun- dredths (120.67) feet to an iron pin at other land of the said Town;
Thence North 49º 52' West by land of the Grantee for a distance of eight and fifty-four hundredths (8.54) feet to an iron pin at land of the said Anthony Detarando;
Thence North 39º 35' East by land of the Grantor for a distance of one hundred twenty and sixty-two hundredths (120.62) feet to an iron pin at land of the said Anthony Detarando;
Thence South 50° 36' East by land of said Anthony Detar- ando for a distance of eight and fifty-four hundredths (8.54) feet to the point of beginning.
The said Anthony Detarando, however, reserves a right of way over the aforesaid parcel of land for his heirs and assigns. The above parcel of land and right of way are shown as parcel "B" on plan entitled "Town of South- bridge, Plan of Proposed Exchange of Land owned by the Town of Southbridge and Anthony Detarando" dated April 8, 1965, surveyed by H. A. Racicot.
Agreement dated August 9, 1965 which is on file with the Board of Selectmen and which is to be included as a part of Article 11 though it did not appear in the original article.
COPY OF AGREEMENT
That the said Anthony Detarando fulfills at his expense which consists of :
136
1. The construction of an addition to the southerly side of the fire station from the present garage to the sidewalk On Elm Street, said addition to be of equal width as the present garage, also of like construction and quality as the present building ;
2. Building a bulkhead in the rear of the Fire Station;
3. Install proper drainage;
4. Install asphalt black top over all the land shown on parcels "B" & "C" on the aforesaid plan ;
and that the said Anthony Detaranda at his expense also;
5. Re-locate the water and gasoline tanks;
6. Close the entrance where the Forest Fire Equipment is presently housed ;
with all works to be approved by the Chief of the Southbridge Fire Department and the Town Engineer, and completed within one year, or act anything thereon.
Finance Committee's recommendation.
Referred to the town meeting.
The moderator read Article 11 then asked for unanimous permission to waiver the reading of the technical description of the boundaries described within the article. Receiving un- animous approval he then read the agreement dated 8-9-65 which is on file with the Board of Selectmen and which is to be included as a part of Article 11 though it did not appear in the original article.
Atty. Morrill moved for the adoption of Article 11.
His motion was duly seconded and the moderator gave the floor to Atty. Morrill.
After Atty. Morrill spoke in favor of the passages of his motion the Fire Chief also spoke in favor of having the motion approved. Saying in essence that it would be good for the Fire Department and the Town of Southbridge.
Mr. Seaver Rice raised the question relative to a rumor that was disturbing the veterans' organization thereof. They have heard that this exchange of land is just an opening wedge and that it is planned to next ask for some portion of the area known as W. W. Memorial Park and he asked for a definite statement by the proponents of the motion.
Mr. Detarando in answer to Mr. Rice unequivocally stated: "That there was no intention now, or in the future, in so far, as he was concerned for the taking of any of the property of
137
W. W. Memorial Park." Mr. V. P. Tetreault also spoke about the rumor referred to by Mr. S. Rice and pointed out that this was a matter of grave concern to the veterans and that is why they desired to get a statement on record.
Atty. Morrill rose to also reassure the people that there was no intent, or no thought, now, or in the future to obtain any land now known as W. W. Memorial Park.
Mr. Pervier spoke to the point that the technical descrip- tion of the land in this article and in all articles is not under- standable to others than engineers and his point was that these descriptions should be made on some kind of a visual map basis. Possibly, printed in the local newspaper.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.