USA > Massachusetts > Worcester County > Southbridge > Town annual reports of the officers of Southbridge for the year ending 1962-1966 > Part 62
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Mr. E. Ryan expressed a thought that more consideration and study should be made before any actions are taken on this matter and to that end he made a substitute motion that the Selectmen appoint a committee of 7 and that they be instructed to make a survey of the entire matter and report back at the next annual town meeting. Motion duly seconded.
Mr. Detarando told the meeting that from the start of this project he had agreed to every suggestion made by the Selectmen, The Finance Committee and the Fire Chief that would safeguard the interest of the town of Southbridge. He did agree that this swap would be a benefit to him, but he pointed out that he was going forward with the project in any case. He further pointed out that as the matter stands at the moment town equipment is trespassing on his property every time they enter or leave the fire station. He closed by saying: "That this change would enable him to build, to create park- ing space and exits and entrances thereto." "Nothing has been done behind closed doors, it is a straightforward offer of benefit both to the town and to myself." He urged the passage of the motion.
Mr. A. Bellerive, a member of the Board of Selectmen urged the passage of the motion stating that he was sure that most people knew where the land was and what it was proposed to do with it and if we did pass this motion it would be a for- ward step in the economical life of Southbridge.
Mr. L. Ciprari of the Finance Committee spoke in favor of the motion. He pointed out that he and his committee had spent considerable time in a personal survey of the property in ques-
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tion and that they were in agreement that this was a good thing to have happen from the town's point of view.
NOTE: PLAN OF PROPOSED EXCHANGE OF LAND OWNED BY TOWN OF SOUTHBRIDGE AND ANTHONY DETARANDO Surveyed by : Henry J. Racicot
At this time action was taken on Mr. E. Ryan's substitute motion.
The moderator announced: "Three in favor . . . op- posed ... " (no number stated.)
Substitute motion defeated.
Action now on Atty. Morrill's motion, it was
VOTED: To authorize the Board of Selectmen to trans- fer and convey by deed the title to the following described par- cel of land, plus the agreement dated 8-9-65 on file with the Board of Selectmen ... please refer to description of land in Article 11 etc.
54 voted in the affirmative.
2 voted in the negative.
Motion carried.
Note: 101 present at 11:04 P.M.
TOWN OF SOUTHBRIDGE Massachusetts
PLANNING BOARD Room 15-Town Hall
The Planning Board submits the following report on the petition of Universal Blank Co., requesting an amendment to the zoning by-laws for North Street.
A public hearing was held on this petition on July 19, 1965, before the Planning Board in the Town Hall, and a sub-com- mittee of the board perambulated the petitioners property line.
We find that the public safety, convenience and general welfare would be further prompted by the adoption of this agreement and we therefore recommend to the town meeting that they cast an affirmative vote.
Voted, that the town amend the zoning by-laws and map
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to extend the heavy industry district on the northerly side of North Street as follows:
Beginning on the northerly side of North Street at west- erly boundary of the American Optical Co .;
Thence northerly along the westerly boundary of said American Optical Co. land to the southerly shore line of Quinebaug River;
Thence westerly along the southerly shore line of said Quinebaug River to the northeasterly corner of land of Emilio Camilloni;
Thence southerly along the easterly boundary of Camil- loni land to the northerly side of land of Romeo Gordo; Thence easterly along the northerly boundary of Gordo land to the westerly land of Universal Blank Co .;
Thence southerly along the easterly boundary of Gordo land to the northerly side of North Street;
Thence easterly along the northerly side of North Street to the point of beginning.
s/HORMIDAS BEAUDRY
S/ROBERT PARA s/ARTHUR R. SYRIAC s/H. ALBANI BOUSQUET S/EDMUND A. RYAN
Attest : Clare Boyer, Town Clerk
Re: Article 9
Southbridge Planning Board's Report
TOWN OF SOUTHBRIDGE Massachusetts
PLANNING BOARD Room 15-Town Hall
The Planning Board submits the following final report and recommendation on the petition of the Mechanic Realty Corp. for an amendment to the zoning law for the area of Proulx Ave., Main Street, Wall Street, Langlois Ave. and Pleasant Street.
A public hearing was held on this petition on July 26, 1965,
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in the Planning Board office in the town hall. Atty. Michael Morrill represented the Mechanic Realty Corp. Also present was Mr. Ernest E. Desrosiers, an officer of the Corporation. It was brought out at the hearing that the purpose for asking for a change in the zoning law was to permit the Sparkle Car Wash Co. from the state of Connecticut to get from the build- ing inspector of Southbridge, a permit to erect a building for the purpose of washing cars.
Southbridge by vote of its people in 1941, adopted the act known as Chapter 40A of the General Laws, and is known and cited as "The Zoning Enabling Act", and is for the purpose of promoting the health, safety, convenience, morals or welfare of its inhabitants. It is a long established principle that a zon- ing law may be amended only if it is going to further promote the public health, safety, convenience, morals or welfare of its inhabitants. The Supreme Court of Massachusetts has said that a zoning law might be amended when the character or use of a district or of the surrounding land had become so changed that the public health, morals, safety and welfare would be promoted by the amendment, but that mere economic gain to the owner of a comparatively small area is not suffi- cient cause.
We therefore believe that this petition can be characterized as "spot zoning". We recommend to the town meeting that for the public good, this article should receive a no vote.
For the Negative Vote s/HORMIDAS BEAUDRY
s/ARTHUR R. SYRIAC
s/EDMUND A. RYAN
Against the Negative Vote
s /ROBERT PARA
s/H. ALBANI BOUSQUET
On motion of T. Kwarciak, duly seconded, it was VOTED: To dissolve this meeting.
Time: 11:08 P.M.
Attest: Clare P. Boyer, Town Clerk
SPECIAL TOWN MEETING
December 13, 1965
Meeting was called to order by Moderator, Willard R. Stark at 7:30 P.M.
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VOTED: That the reading of the warrant of the Town Clerk be dispensed with.
Officer's return on warrant was read by Town Clerk, Clare P. Boyer.
The Moderator informed the inhabitants that the group seated at his left were young people attending night classes on civics and that this evening were guests of the Town Mr. Renaud their teacher was also present. The Moderator stated: "Tellers are not to count this group. They are not registered voters. They are here to observe the procedures of this Special Town Meeting."
The Moderator requested that the inhabitants refrain from personalities.
The Moderator commented upon the usual procedure that is followed at a Town Meeting, "Recommendations of the Fi- nance Committee are accepted as motions and said motions are duly seconded. However, substitute motions may be presented."
Article 1. To see if the Town will vote to transfer $5,000.00 from the General Relief Expense Account to the Disability Assistance Expense Account, or act anything there- on.
Motion of Finance Committee in their Recommendations: Indefinite postponement.
On substitute motion of Finance Committee, duly sec- onded, it was
VOTED: In the affirmative to transfer $5.000.00 from the General Relief Expense Account to the Disability Assist- ance Expense Account.
Article 2. To see if the Town will vote to transfer $5,000.00 from the General Relief Expense Account to the Old Age Assistance Expense Account, or act anything thereon.
Motion of Finance Committee as printed in their Recom- mendations:
Indefinite postponement.
On substitute motion of Finance Committee, duly sec- onded, it was
Voted: In the affirmative to transfer $5,000.00 from the General Relief Expense Account to the Old Age Assistance Expense Account.
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Article 3. To see if the Town will vote to transfer $5,000.00 from the General Relief Expense Account to the Medical Assistance for the Aged Expense Account, or act anything thereon.
Motion of Finance Committee as printed in their Recom- mendations:
Indefinite postponement.
On substitute motion of Finance Committee, duly sec- onded, it was
VOTED: In the affirmative to transfer $5,000.00 from the General Relief Expense Account to the Medical Assistance for the Aged Expense Account.
Article 4. To see if the Town will vote to authorize the transfer of $500.00 from the Police Salary Account, Permanent Patrolmen Division to the Cruiser Repairs, Equipment, etc. Expense Account, or act anything thereon.
Finance Committee's motion: Indefinite postponement.
It was duly seconded.
Chief of Police, Ovide Desrosiers presented the following substitute motion, it was seconded and carried:
VOTED: That the Town authorize the transfer of Five Hundred ($500.00) Dollars from the Police Salary Account, Permanent Patrolmen Division to the Cruiser Repairs, Equip- ment, etc. Expense Account.
Article 5. To see if the Town will vote to authorize the transfer of the sums of $2,000.00 from Operating Costs and $2,000.00 from Capital Outlay to the Salary Account of the Southbridge School Department, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative to transfer the sum of $4,000.00.
Article 6. To see if the Town will vote to transfer the sum of $100.00 to the Assessors' Expense Account, or act any- thing thereon.
On motion of Finance Committe, duly seconded, it was VOTED: In the affirmative to transfer the sum of $100.00 from the Assessors' Extra Clerk Hire Account.
Article 7. To see if the Town will vote to transfer the sum of $1,500.00 from the Road Machinery New Equipment
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Account to an account for the purchase of a New Snow Plow for the 1965 GMC Truck, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative to transfer $1,500.00.
Article 8. To see if the Town will vote to transfer the sum of $1,000.00 from the Road Machinery New Equipment Ac- count to the Road Machinery Maintenance Account, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: Indefinite postponement.
Article 9. To see if the Town will vote to transfer the sum of $681.67 from the Road Machinery New Equipment Account to the Other Expense Account, or act anything there- on.
On motion of Finance Committe, duly seconded, it was VOTED: Indefinite postponement.
Article 10. To see if the Town will vote to transfer the sum of $940.38 paid to the Town by various insurance companies for fire damage to the Damage to Highway Dept. Office cause by Fire Account, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: Indefinite postponement.
Article 11. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of $200.00 to the Law Expense Account.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative to transfer the sum of $200.00 from E&D Account.
Article 12. To see if the Town will vote the following resolution :
Resolution to determine the need for the installation of Cable Television within the Town of Southbridge.
Whereas the Board of Selectmen may permit to issue pursuant to the General Laws of Massachusetts, a license for Cable Television within the Town of Southbridge; and
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Whereas, the Board of Selectmen may establish reason- able regulations thereto; and
Whereas, the Board of Selectmen is desirous of determin- ing the need therefor through a majority voe of the towns- people at a Town Meeting duly assembled.
Now, therefore, be it resolved, by the Town Meeting as- sembled of the Town of Southbridge as follows:
1. That the installation of Cable Television within the the Town of Southbridge is to the best interests of the citizens of the Town, and to the end that such service may be provided as promptly as practicable, it is desir- able that the Board of Selectmen issue a license for Cable Television within the Town of Southbridge.
2. That such license be issued subject to reasonable regulations to be promulgated by the Board of Selectmen as they deem necessary for the best interests of the citi- zens of the Town of Southbridge.
The Finance Committee's recommendation:
To refer to the Town Meeting.
The motion of Atty. J.J. O'Shaughnessy, duly seconded by A. Bellerive is as follows:
That the Town authorize and direct the Selectmen to issue a license or franchise to a cablevision company for the purpose of installing, distributing, servicing and supplying television signals by means of a master or control antenna system di- rectly to television receivers of those residents of the Town of Southbridge who wish to subscribe to such service in accord- ance with reasonable regulations to be promulgated by the Board of Selectmen as may to said Board seem necessary for the best interests of the citizens of the Town.
Atty. J.J. O'Shaughnessy spoke on his motion and he also gave a short description of CATV services.
He urged an affirmative vote.
Selectmen A.C. Bellerive and Atty. S.A. Caprera spoke on this issue, Atty. S.A. Caprera stating that the selectmen were not dodging this issue in passing it along to the people. "We feel" he said, "that the sentiment of the town should be sounded," Both selectmen stressed that it would mean tax revenue to the town. They also explained procedures of the issuance of said license or franchise.
P.L. Dumas took the oor against cable television.
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Atty. M.J. Morrill, counsel for Radio Station WESO and V.A. Caplette, manager, took the floor to urge passage of CATV.
Mr. Charles E. Bastien presented the following substitute motion. Said substitute motion duly seconded.
That the Town hereby adopt the following resolution:
Resolution to determine the need for the installation of Southbridge.
Whereas, the Board of Selectmen may permit to issue pursuant to the General Laws of Massachusetts, a license for Cable Television within the Town of Southbridge; and Whereas, the Board of Selectmen may establish reason- able regulations thereto; and
Whereas, the Board of Selectmen is desirous of determin- ing the need therefore through a majority vote of the townspeople at a Town Meeting duly assembled.
Now, therefore, be it sesolved, by the Town Meeting as- sembled of the Town of Southbridge as follows:
1. That the installation of Cable Television within the Town of Southbridge is to the best interests of the citi- zens of the Town, and to the end that such service may be provided as promptly as practicable, it is desirable that the Board of Selectmen issue a license for Cable Television within the Town of Suthbridge.
2. That such license be issued subject to reasonable regu- lations to be promulgated by the Board of Selectmen as they deem necessary for the best interests of the citi- zens of the Town of Southbridge, and at such time as State and Federal Legislation is passed regulating CATV.
Mr. Bastien, representing the Superior Cable TV Inc. of Southbridge, said that there is one thing that should be made clear. "We are not against cable television, and that there is a definite need for it in about 10 percent of the town."
"But we should wait until there are state and federal regulations." Mr. Bastien stated: "there are several bills pend- ing on such regulations, therefore, I suggest we wait for the enactment of said regulations."
Mr. Bastien suggested that the issue be placed on a ballot and let all the voters make a decision.
While Mr. Bastien was speaking on news coverage the Moderator informed him: "one minute more to go.".
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than two hundred of the registered voters of the town is filed with the selectmen asking that any question involved in such a vote taken at the aforesaid town meeting be submitted to the voters of the town at large, then the selectmen after the ex- piration of seven days shall call a special meeting for the sole purpose of presenting the question to the voters at large.
SECTION 27. Any question submitted shall be stated upon the ballot substantially in the same language and form in which it was presented to the representative town meeting by the moderator as recorded in the records of the meeting.
SECTION 28. The polls for voting upon such a question shall be opened at eight o'clock in the morning and closed at eight o'clock in the evening. The vote shall be taken by ballot and the check list used in the several precincts in the same manner as for the election of town officers. A question sub- mitted shall be determined by a majority of the registered vot- ers of the town voting thereon, but an action of the representa- tive town meeting shall not be reversed unless at least fifteen per cent of all the registered voters shall vote.
SECTION 29. If such a petition for a referendum is not filed within seven days the vote of the representative town meeting shall become operative and effective upon the expira- iton of that period.
SECTION 30. The town shall have the capacity to act through and to be bound by the action of its representative town meeting members, who when convened from time to time shall constitute a representative town meeting. The represent- ative town meeting shall have and may exercise all powers vested in the municipal corporation so far as is consistent with the provisions of this act.
SECTION 31. Action by a representative town meeting in conformity with laws now or hereafter applicable to the transaction of town affairs in town meeting shall have the same force and effect as if taken in a town meeting open to all voters of the town, as organized and conducted before the establish- ment of representative town government.
SECTION 32. This act shall not abridge the right of the inhabitants of the town to hold general meetings, as secured to
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them by the constitution of the commonwealth, nor confer upon any representative town meeting the power finally to commit the town to any measure affecting its municipal existence or substantially changing its form of government without action thereon by the voters at large, using the ballot and check list therefor.
SECTION 33. This act shall be submitted for acceptance to the registered voters of the town of Southbridge at the next annual town meeting following its passage. The vote shall be taken by ballot in accordance with the provisions of law, so far as the same shall be applicable. The question to be placed upon the ballot to be used for the election of town officers in the town shall be: "Shall an act passed by the General Court in the year nineteen hundred and sixty-five, entitled 'An Act establishing in the town of Southbridge representative town government by representative town meetings', be accepted by the town ?" If a majority of the voters voting on this question vote in the affirmative, this act shall take effect immediately for the pur- pose of the next annual town election, and for all things relat- ing thereto, and shall take full effect beginning with said elec- tion. It shall be the duty of all town officials having to do with elections and holding office at the time of such acceptance to do, in compliance with law, all things necessary for the nomina- tion and election of officers first to be elected under this act.
February 17, 1965.
House of Representatives, Passed to be enacted, s/ John F. X. Davoren, Speaker.
February 18, 1965.
In Senate, Passed to be enacted, s/ Maurice A. Donahue, President
February 19, 1965.
Approved,
s/John A. Volpe, Governor.
February 23, 1965
I hereby certify the attached to be a true photostatic copy. Witness the Great Seal of the Commonwealth.
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RECEIVED TOWN CLERK'S OFFICE s/ Kevin H. White 1965 FEB 25 AM 9:08 Secretary of the Commonwealth
TOWN OF SOUTHBRIDGE, MASSACHUSETTS
Attest: Clare P. Boyer,
Town Clerk. A true copy of the Act. Attest: Clare P. Boyer, Town Clerk.
The following is a report of the precincts:
Precinct No. 1 votes cast 1123 reported at 1:25 A.M. March 6, 1965.
Precinct No. 2 votes cast 754 reported at 12:15 A.M. March 6, 1965.
Precinct No. 3 votes cast 1139 reported at 12:08 A.M. March 6, 1965.
Precinct No. 4 votes cast 503 reported at 11:43 P.M. March 5, 1965.
In accordance with Chapter 41, Section 15, the result of votes cast at the Annual Town Election were forwarded to the Secretary of State. Also in accordance with Chapter 54, Section 132, the number of persons voting in each precinct was for- warded to the Secretary of State.
A certified statement revelant to Question No. 1 appearing on March 5, 1965 ballot was forwarded to the Secretary of the Commonwealth.
Certificate of Election of Mr. Arthur R. Syriac of 535 Charlton Street as a member of the Southbridge Planning Board for a term of five years was forwarded to the Secretary of the Commonwealth, to the Register of Deeds and to the Dept. of Commerce and Develop.
Certificate of Election of Mr. John Rossi of 18 Lyons Street, as a member of the Southbridge Redevolopment Au- thority for a term of five years was forwarded to Secretary White.
Certificate of Election of Mr. Vincent T. Walsh of 23 Ed- wards Street as a member of the Southbridge Housing Author- ity for a term of five years was forwarded to Secretary White, the State Housing Authority Board and the Dept. of Commerce and Develop.
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Sheriff Smith and James Joyce, Clerk of Courts were no- tified of Mr. Charles L. Montigny's election as Constable.
In connection with the work of the Department of Cor- porations and Taxation, a list of Town Officials was forwarded to the Director of Accounts.
Attest : Clare P. Boyer Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS March 8, 1965.
In accordance with the requirements of General Laws, Chapter 41, Section 19a, (Acts of 1933, Chapter 70), I certify that Bernice Lacasse was appointed to the office of Assistant Clerk of the Town of Southbridge on March 8, 1965, for the term of office expiring on March 8. 1968, and that said clerk has qualified by taking the oath of office.
CLARE P. BOYER, Town Clerk Appointing Officer
March 8, 1965
I hereby certify that I have entered upon the duties of Assistant Clerk of the Town of Southbridge.
BERNICE LACASSE (my official signature)
The certificate of appointment forwarded to Secretary White and copy of same to Dept. of Corps. & Taxation.
On April 22, 1965, I, Clare P. Boyer, Town Clerk cancelled her appointment.
Secretary White and the Dept. of Corps. & Taxation were notified.
Attest: Clare P. Boyer
Town Clerk
PETITION FOR RECOUNT . . . of March 5, 1965 for the office of Selectmen
On March 8, 1965 at 4:39 P.M. I received a notice from Lucien Duff (a candidate for the office) requesting a recount. He was contesting the election of Armand O. Bellerive.
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The Board of Registrars met on March 12, 1965 at 7 P.M. for the purpose of certifying names that were affixed to four (4) recount petitions (one for each precinct) filed by Mr. Duff with the Town Clerk on March 12, 1965 at 4:59 P.M.
Mr. Duff and Mr. Bellerive were present.
In accordance to Chapter 54, Section 135, which is the provision governing the conduct of recounts, states, in the second paragraph, that a recount petition shall be sworn to by one of the subscribers before a notary public.
Mr. Duff was the subscriber to the four (4) recount peti- tions. The Board of Registrars' decision was that the petitions for recount in the precincts where you were not a registered voter would not be valid under the provisions of the statute. The provisions for requesting and for conducting a recount are wholly statutory and all the provisions of the statute must be met.
Attest: Clare P. Boyer
Town Clerk
ANNUAL TOWN MEETING . . . March 15, 1965
Place of Meeting: Southbridge High School Auditorium (Note: Voting Lists not used)
Meeting was called to order by Moderator Willard R. Stark at 7 P.M.
VOTED: That the reading of the warrant by the Town Clerk be dispensed with.
Officer's return on Warrant was read by Town Clerk, Clare P. Boyer. (195 present at 7:03 P.M.)
Mr. E. Ryan, referring to Article 1, asked the moderator: "Is the Representative Town Meeting Committee out of exist- ence ? May I receive your decision Mr. Moderator ? I would like you to refer to the Town Report of December-1964, pp. 147, Article 74." The moderator requested the ruling from the Town Counsel. The Town Counsel requested time to make a reviewal. Time granted.
The moderator stated: "Rise with me and observe a min- ute of silence for those who passed away since the last annual
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town meeting. I cannot recognize every person, but some of these were: R. S. Normandin, Esq., Louis Gubb, Rev. Gatineau, Laurenda Boyer, Alfred Hamel and Dr. Dresser. These persons were closely connected with the town and some were former town officials. They had great ability and gave freely of their time and ability for public service in this community."
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