USA > Massachusetts > Barnstable County > Harwich > Town annual reports of the selectmen and overseers of the poor of the town of Harwich 1949 > Part 2
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Article 4. To hear the report of all Town Officers and Committees for the year 1949.
Article 5. To see if the Town will vote to raise and appropriate such sums of money as may be necessary to defray Town expenses for the ensuing year and to act fully thereon.
Article 6. To see if the Town will vote to fix sal- aries of the elected Town Officers for the year 1950 and to appropriate the money therefor.
Article 7. To see if the Town will vote to instruct its Selectmen to control, regulate and prohibit the tak- ing of eels and any or all kinds of shellfish and sea worms, within the Town limits, as provided in the Gen- eral Laws by Chapter 598 of the Acts of 1941, and to make any regulations in regard to such fisheries as may be expedient.
Article 8. To see if the Town will vote to raise and appropriate or transfer from unappropriated available funds in the treasury, a sum of money for Chapter 90 Highway Maintenance, or take any action in relation thereon.
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Article 9. To see if the Town will vote to raise and appropriate a sum of money to be used with whatever State and County funds are available under Chapter 90 Road Construction and act fully thereon.
Article 10. To see what action the Town will take in regards to the Herring Fisheries for the year 1950 and act fully thereon.
Article 11. To see if the Town will vote to reduce the number of Trustees of the Caleb Chase Fund from seven to three members and to determine the manner in which they shall be elected, the change to take effect at the An- nual Town Meeting of 1951.
Article 12. To see if the Town will vote not to change Edgewood Road to the name of Nickerson Court.
Article 13. To see if the Town will vote to raise and appropriate the sum of two hundred and seventy dol- lars ($270.00), to purchase an electric adding machine to be used in the Accountant's Department.
Article 14. To see if the Town will vote to dispose of by auction at this Town Meeting a building 6 ft. by 10 ft., with pump therein and the water tank outside and also a shed on Earle Road approximtely 16 ft. by 18 ft. and formerly used as a tool shed on Town prop- erty, these buildings to be moved away and cleaned up by June 1st, 1950. This article desired by the Park Com- missioners.
Article 15. To see if the Town will vote to raise and appropriate the sum of five thousand dollars ($5,000 .- 00), to waterproof the exterior of the Harwich High School and act fully thereon.
Article 16. To see if the Town will vote to raise and appropriate the sum of thirty-five hundred dollars ($3,- 500.00), to continue remodelling and improving the grounds at Brooks Park.
Article 17. To see if the Town will vote to appoint three citizens to recommend to the Selectmen a reorgan- ization of the Police Department. That the Selectmen shall not make any appointments until this recommen- dation is received.
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Article 18. To see if the Town will vote to expend the refunded Dog Tax for the support of Brooks Free Li- brary and to act fully thereon.
Article 19. To see if the Town will vote to raise and appropriate a sufficient sum of money to establish a Rec- reation Commission under Chapter 256 of the Acts of 1949, said commmission consisting of five persons, resi- dents of the Town, appointed by the Board of Selectmen to serve until the next annual Town Meeting, thereafter being elected for a term of five years with the exception that the term of one commission shall expire anuually, vacancies in said commission, occuring other than by ex- piration of term, shall be filled in the same manner at the next regular or special election. In the interim, how- ever, appointments shall be made by the Board of Se- lectmen for the unexpired term. The said commission is to specifically manage the old Grammar School building and grounds on the south side of Sisson Road as a Com- munity and Recreational Center and to make such rules and regulations as may be expedient under said Chap- ter 256 of the Acts of 1949.
Article 20. To see if the Town will vote to authorize the Selectmen to execute a lease to the Rotary Club of Harwich of the property known as the Old Grammar School Building, said building to be used as Community Center for all age groups.
Article 21. To see if the Town will vote to instruct the Selectmen to convert the school house building in the Town parking lot in Harwich Port into suitable rest rooms and appropriate a sufficient sum of money there- for, or take any action in relation thereto and act fully thereon.
Article 22. To see if the Town will recommend that the School Committee grant the free use of the High School Gymnasium and showers to one Harwich Town basketball team.
Article 23. To see if the Town will authorize the School Committee to establish and maintain State-aid Vocational education in accordance with the provisions of Chapter 74, General Laws and acts amendatory there-
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to, or dependent thereon, and further raise and appro- priate the amount of five hundred dollars ($500.00), therefor.
Article 24. To see if the Town will vote to instruct the Selectmen to sell at public auction the building known as the Town Infirmary Building, said building to be moved away and said sale to be conducted according to terms set up by the Board of Selectmen.
Article 25. To see if the Town will vote to raise and appropriate a sufficient sum of money to repair and renovate the building known as the Town Infirmary Building and act fully thereon.
Article 26. To see if the Town will vote to raise and appropriate a sufficient som of money to be used in in- creasing the candlewatt power in the street lights from Wheeler Square to Snow Inn Road on Route 28 in Har- wich Port and act fully thereon.
Article 27. To see if the Town will vote to raise and appropriate the sum of sixty dollars and thirty cents ($60.30), to reimburse the estate of Burton G. Sears of Harwich, for money paid to the Town on the assignment of a tax title improperly assigned by the Town.
Article 28. To see if the Town will vote to raise and appropriate a sufficient sum of money to transfer the Town Offices of Selectmen, Assessors and Board of Health, Town Treasurer, Town Clerk and Tax Collector and any other town offices, to the building known as the Brooks Academy Building, and to equip and make the building suitable for such offices and act fully thereon.
Article 29. To see if the Town will vote to raise and appropriate a sufficient sum of money to purchase or take by eminent domain the lot of land west of the Pilgrim Church in Harwich Port assessed to Theophilus Baker under deed dated November 25, 1908, and re- corded in Book 293, Page 153, Barnstable County Deeds, said lot to be used as a public parking lot.
Article 30. To see if the Town will vote to raise and appropriate a sufficient sum of money to improve the
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remaining uncleared portion of the schoolhouse parking lot in Harwich Port and act fully thereon.
Article 31. To see if the Town will vote to raise and appropriate the sum of one thousand dollars ($1,000 .- 00), to put two seats in Wheeler Park, Harwich Port, and two tables and four benches in Brooks Park, Har- wich Center. These seats to be iron frames or such so as not to be easily movable and money left over after the purchase of same shall be used to place a water bub- bler in Wheeler Park, this project to be left in the hands of the Park Commissioners and to act fully thereon.
Article 32. To see if the Town will vote to raise and appropriate the sum of two thousand dollars ($2,000 .- 00), for the purpose of establishing public rest rooms at the public bathing beach, lower Bank Street. This building to be 12 ft. by 12 ft. with two sections and entrances, one for men and one for women. Each sec- tion to have two toilets and one lavatory and each to be equipped with automatic nickel locks to help pay main- tenance of same. To be piped with water from the Town water main and a cesspool for waste. The contract for said building to be given to the lowest bidder, under the right to accept or reject any bids not meeting the best requirements for materials and act fully thereon.
Article 33. To see if the Town will vote to raise and appropriate the sum of five hundred dollars ($500.00), for band concerts to be given by the Chatham Band in Brooks Park the summer of 1950.
Article 34. To see what action the Town will take regarding the adoption, through the Selectmen, Plan- ning Board or otherwise, of By-Laws or Ordinances, or Rules and Regulations or Orders, creating "No Park- ing" areas upon the streets and ways of the Town, in- cluding penalties for the violation thereof, and to act fully thereon.
Article 35. To see if the Town will vote to raise and appropriate the sum of ten thousand dollars ($10,000 .- 00), for the purpose of relocating, alteration, laying out of Town Ways, engineering and surveying of Town property and to act fully thereon.
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Article 36. To see if the Town will vote to authorize the Chief of Police, the Chairman of the Planning Board, Chief of the Fire Department and two members to be appointed by the Board of Selectmen, to act as a committee to study and report back to the next Special or Annual Town Meeting a By-Law governing the mak- ing of rules and regulations relative to parking and traffic on all Town Ways within the Town and act fully thereon.
Article 37. To see if the Town will vote to raise and appropriate the sum of one thousand dollars ($1,000 .- 00), to be used by the moth department in controlling the Dutch Elm disease and act fully thereon.
Article 38. To see if the Town will vote to raise and appropriate the sum of fourteen hundred dollars ($1,- 400.00), to purchase a pick-up truck for use of the High- way Department and to act fully thereon.
Article 39. To see if the Town will vote to raise and appropriate the sum of fifty-seven hundred dollars ($5,700.00), for the purpose of widening and re-sur- facing the so-called Belmont Road leading from Lower County Road to Route 28 and to act fully thereon.
Article 40. To see if the Town will vote to raise and appropriate the sum of four thousand dollars ($4,000 .- 00), to widen and re-surface the Town road starting from Brewster line on Depot Street in North Harwich and continue as far as money will allow.
Article 41. To see if the Town will vote to raise and appropriate the sum of twenty-six hundred dollars ($2,600.00), for the purpose of purchasing a new truck for the Highway Department and to authorize the Sur- veyor of Highways to sell or trade the truck now owned by the Town and the sum received from same to be used towards the purchase of a new truck and to act fully thereon.
Article 42. To see if the Town will vote to raise and appropriate the sum of one thousand dollars ($1,000 .- 00), to purchase a sand spreader for use of the Highway Department and to act fully thereon.
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Article 43. To see if the Town will vote to raise and appropriate the sum of six hundred dollars ($600.00), for the purpose of widening and re-surfacing the so- called Gilbert Lane leading from Sisson Road to Doane Road and to act fully thereon.
Article 44. To see if the Town will vote to raise and appropriate the sum of six hundred dollars ($600.00), to purchase a snow plow for use of the Highway Depart- ment and to act fully thereon.
Article 45. To see if the Town will vote to raise the salary of the salary of the Surveyor of Highways from two thousand dollars ($2,000.00), per year to three thousand dollars ($3,000.00), per year and to act fully thereon.
Article 46. To see if the Town will vote to raise and appropriate the sum of twenty-three hundred dollars ($2,300.00), to purchase and install a suitable heating system and to build a so-called building to house boiler for the new Highway Department garage and to act fully thereon.
Article 47. To see if the Town will vote to instruct the Selectmen to lay out Mandeville Road in West Har- wich for future acceptance as a Town Way, or take any action thereon and act fully thereon.
Article 48. To see if the Town will vote to instruct the Selectmen to relocate and alter Lothrop Avenue in West Harwich from Gilbert's Lane to the Great Western Road, for future acceptance by the Town, or take any action in relation thereto and act fully thereon.
Article 49. To see if the Town will appropriate the sum of five hundred dollars ($500.00), to have Robbins Road surveyed and graded to make same passable. That the Moderator shall appoint two citizens to spend the aforesaid appropriation for work on said road.
Article 50. To see if the Town will vote to raise and appropriate the sum of eight hundred dollars ($800.00), for the purpose of constructing a side walk on the east side of Mansion Street, West Harwich, starting at Main Street and extending northerly to Smith Street, material
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to be used for hardening to be left to the road surveyor and to act fully thereon.
Article 51. To see if the Town will vote to raise and appropriate the sum of nine hundred dollars ($900.00), to extend the sidewalk from Arthur Chase's house, down the north side of Sisson Road, to South Street and as far down South Street, north toward the new elementary school, as the money will go. This walk to be four feet wide and hardened with "hot mix" and to act fully thereon
Article 52. To see if the Town will vote to raise and appropriate the sum of five thousand dollars ($5,000.00), for the purpose of dredging a channel at the mouth of Herring River, West Harwich, said sum to be used in conjunction with any money contributed by the State De- partment of Public Works or private subscription and to act fully thereon.
Article 53. To see if the Town will vote to raise and appropriate the sum of three thousand dollars ($3,000 .- 00), to build 2 stone jetties for shore protection at points to be designated by the Division of Waterways, at points on the shore of Nantucket Sound, between the Town Beach at the foot of Pleasant Road and Herring River and to act fully thereon.
Article 54. To see if the Town will vote to raise and appropriate the sum of three thousand dollars ($3,000 .- 00), to dredge the mouth of the channel to Allen's Har- bor, the money appropriated to be used in conjunction with a like amount allocated by the Department of Public Works Division of Waterways and to act fully thereon.
Aricle 55. To see if the Town will assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, maintenance and and protection of rivers, harbors, tide waters and fore- shores, in acordance with Section 11 of Chapter 91 of the General Laws, and to authorize the Selectmen to ex- ecute and deliver a bond of indemnity therefor to the Commonwealth.
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Article 56. To see if the Town will vote to raise and appropriate the sum of two hundred and fifty dollars ($250.00), for repairs to the Town Landing at Round Cove, East Harwich.
Article 57. To see if the Town will vote to instruct the Selectmen to purchase or take by eminent domain for a Town Landing lots 57 and 58 as shown on "a plan of Allen's Harbor, Cape Cod Real Estate Trust, June 1926, Morse and Chase, Engrs.", recorded in Barnstable Coun- ty Deeds Book 18 Page 41, and raise and appropriate a sufficient sum of money therefor and act fully thereon.
Article 58. To see if the Town will vote to raise and appropriate the sum of one thousand dollars ($1,000 .- 00), to pay North Atlantic Dredging Co., for dredging of the inner channel of Wychmere during the month of May, 1949.
Article 59. To see if the Town will vote to raise and appropriate the sum of fifteen thousand dollars ($15,- 000.00) , to purchase and equip the Fire Department with a (1500 gallon capacity combination tank truck and brush breaker, all wheel drive), which would enable the Fire Department to efficiently protect the many sections of Town with no Hydrant service, and to act fully thereon.
Article 60. To see if the Town will vote to raise and appropriate the sum of fifteen thousand dollars ($15,- 000.00), to purchase needed addition to Fire Station, and to act fully thereon.
Article 61. To see if the Town will vote to raise and appropriate the sum of three hundred and seventy dollars and twenty cents ($370.20), to to be used to pay John Knowles of West Harwich for work and materials used in connection with the installation of the siren horns on the Fire Station.
Article 62. To see if the Town will vote to raise and appropriate the sum of seventeen hundred dollars (1,700.00), for the purpose of purchasing a new police cruiser for the Harwich Police Department and to act fully thereon. Purchase of cruiser to be left in the hands of the Board of Selectmen.
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Article 63. To see if the Town will vote to raise and appropriate the sum of eleven hundred and fory-five dollars ($1,145.00), for the purpose of purchasing a new radio system for the Harwich Police Department and act fully thereon.
Article 64. To see if the Town will vote to raise and appropriate a sum of money to extend the water main from Lower County Road on Strandway, Pine Lane, Mill Point Road and Riverway in West Harwich, and to act fully thereon.
Article 65. To see if the Town will vote to install a water main on Kelley Street and determine whether the appropriation shall be provided for by taxation, by trans- fer from available funds in the Treasury or by issuance of a loan.
Article 66. To see if the Town will vote to extend the water main on Sequatucket Bluffs Road, and to act fully thereon.
Article 67. To see if the Town will vote to release to Mildred B. Paine, the present owner of the land, the easement granted by Loring G. Williams and Nellie C. Williams to said Town under date of November 20, 1936; said easement to lay, maintain, operate, repair and re- new, etc., a water main from the High School lot to Parallel Street over said land, which easement never has been exercised, and which is recorded with Barnstable County Deeds in Book 521, Page 397; and to authorize the Selectmen to execute and deliver said release in the name of the Town. accepled and adopted.
Article 68. To see if the Town will vote to extend water mains on Gorham Road and act fully thereon.
Article 69. To see if the Town will vote to raise and appropriate the sum of four thousand dollars ($4,000 .- 00), to be used by the Board of Water Commissioners for extending water mains where requested, providing that the estimated income is at least 6% of the cost of in- stalling.
Article 70. To see if the Town will vote to raise and appropriate a sum of money for the purpose of con-
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structing a standpipe with control valves and appurten- ant piping on land owned by the Town known as "Brooks Park Grove," and determine whether the appropriation shall be provided for by taxation, by transfer from avail- able funds in the Treasury, or by issuance of a loan.
Article 71. To see if the Town will vote to raise and appropriate a sum of money to the Water Department contruction account for extending water mains and ap- purtenances in such streets and ways, public or private, as the Board of Water Commissioners shall determine. Also, determine whether the appropriation shall be pro- vided for by taxation, by transfer from available funds in the Treasury, or by issuance of a loan.
Article 72. To see if the Town will vote to raise and appropriate a sum of money to purchase a trench digger and backfiller for use by the Water Department.
Article 73. To see if the Town will accept and adopt as a By-Law the following Ordinance.
TOWN OF HARWICH An Ordinance Building and Fire Prevention By-Law
Section 1. To promote the health, safety, moral and general welfare of its inhabitants, to lessen the danger from fire, and to improve the Town. The construction, re- pair, alterations of buildings and structures in the Town of Harwich are hereby restricted and regulated as pro- vided under the provisions of Section 3, Chapter 143 of General Laws as amended by Act of 1933, Chapter 544.
Section 2. Notification of intent to build, etc.
Par. 1. No building or structure shall be erected, al- tered or reconstructed without a permit granted by the building inspector.
Par. 2. This shall not apply to small accessory build- ings not to be used for the purpose of habitation, busi- ness or public assembly with a floor space of less than 300 square feet.
Section 3. Applications for building permits shall be accompanied by a plan of the lot showing the actual dimensions of the lot and the exact location and size of
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building structures to be erected, together with loca- tion of cesspool or septic tank and water supplies on pro- posed lot and adjacent lots, and streets and alleys on and adjacent to the lot. A record of such applications and plans shall be kept on file in the office of the Building Inspector.
Section 4. Front yards.
Par. 1. All buildings shall not be less than twenty- five (25) feet from the street line.
Par. 2. All buildings shall be ten (10) feet from property lines and all buildings intended for human hab- itation shall be at least twenty (20) feet from existing dwellings.
Section 5. Chimneys.
Par. 1. All chimneys hereafter built in any building used for habitation, business or public assembly, shall be built of brick or other non-combustible material, con- structed from the ground up and not supported or hung in any way by wood or combustible material. All chim- neys shall have a terra cotta flue lining and the face walls of fireplaces may be of 4 inch masonry instead of 8 inch masonry.
Par. 1A. Adequate iron mantel bars or masonry arches shall be used over all fireplaces or grate openings. All jambs and the backs of all fireplaces, range or grate openings shall be at least 8 inches thick, except self- forming metal fireplaces may have 4 inch masonry walls. No hearth shall be laid on any wood or any combustible material. All framing shall be at least 2 inches from any chimney and all boarding shall be at least 1 inch from chimney.
Par. 2. No smoke pipe or metal flue shall pass through any wooden partitions without a safety thimble of fireproof material, the thimble to extend the full width of the partition or the smoke pipe flue to be 8 inches from any woodwork.
Par. 3. Separate flues should be arranged for fire- places and heating or cooking units, with a cleanout door at bottom of flue for heating or cooking unit.
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Section 6. Fire stops.
All buildings used for habitation, business or for pub- lic assembly hereafter erected shall have fire stops at all fioor and ceiling lines.
Section 7. Foundations.
All foundations to be of continuous masonry wall, ex- clusive of window or access openings and shall also have masonry footings. Piers if any shall also have masonry walls and footings.
Section 8. Hazards.
No building permit shall be issued if the construction will constitute a hazard.
Section 8A. Sewage.
Par. 1. A cesspool or other means of sewage dispos- al may be constructed only after a permit is secured from the town Board of Health and installation shall be in accordance with their rules.
Section 9. Inspection of buildings.
No wall or ceiling in any building shall be covered or lathed until the Building Inspector has been notified and has an opportunity to inspect such work. Building In- spector shall forthwith make an inspection within forty- eight (48) hours of the receipt of such notice so as not to hold up any work of construction.
Section 10. Enforcement.
This By-Law shall be administered by the Building In- spector. He shall approve no application of any kind, plans or specifications which are not in all respects in conformity to this By-Law.
Section 11. Board of Appeals.
Par. 1. A Board of Appeals is hereby established, to consist of three members to be appointed by the Select- men. All members shall be residents of the Town of Har- wich. The appointments first made shall be for 1, 2, and 3 years respectively, so that the term of one member shall expire each year. All subsequent appointments shall be for the term of three years. Vacancies shall be filled
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by the Board of Selectmen for the unexpired term. No member shall act in any case in which he is interested and in case any member is so disqualified, the remaining members shall designate a substitute. Every decision of the board shall be in writing and shall require the assent of at least two members, and shall be a matter of public record.
Par. 2. Any person aggrieved by the refusal of the building inspector to issue a permit under the provisions of the By-Laws, or by a decision of the Building Inspec- tor made under the provisions of this By-Law, may ap- peal to the Board of Appeals. The Board of Appeals shall hold a public hearing thereon, and render a de- cision. They may make rules for such hearings, and shall notify abutting owners and all holders of real es- tate who might be affected, in writing.
Par. 3. No approval shall be granted by the Board of Appeals without considering the effects upon the neighborhood and the Town. If a permit would result in substantial injury, it shall be refused.
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