USA > Massachusetts > Barnstable County > Harwich > Town annual reports of the selectmen and overseers of the poor of the town of Harwich 1951 > Part 8
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Accepted and adopted. Committee appointed: Donald T. Bates, George W. Stidstone, Aaron Davis.
Article 20. 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 per- formed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of rivers, harbors, tide waters and foreshores, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth.
Accepted and adopted.
Article 21. To see if the Town will vote to raise and appro- priate the sum of Five thousand dollars ($5,000.00), for the purpose of dredging the channel at Wychmere Harbor, Har- wich Port, said sum to be used in conjunction with any funds allocated by the Department of Public Works, Division of Waterways.
Accepted and adopted, if matched by the Department by the same amount. Voted to raise and appropriate the sum of $5,000,00.
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Article 22. To see if the Town will vote to raise and appro- priate the sum of Seven thousand dollars ($7,000.00), to dredge the mouth and channel of Allen's Harbor, the money to be used in conjunction with such amount allocated by the Department of Public Works, Division of Waterways, or otherwise in the dis- cretion of the Selectmen, and to act fully thereon.
ยท Accepted and adopted provided the State contributes a like amount. Voted to raise and appropriate the sum of $7,000.00.
Article 23. To see if the Town will vote to raise and appro- priate the sum of Five thousand dollars ($5,000.00), for the pur- pose 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 Department of Public Works or private subscription and to act fully thereon.
Article accepted and adopted after changing the word "dredging" in the third line to "improving". It was voted to raise and appropriate the sum of $5,000.00.
Article 24. To see if the Town will vote to raise and appro- priate a sum of money to purchase a truck for the Water De- partment and to authorize the Board of Water Commissioners to sell or trade a truck now in use and to apply the money against the puchase of the new truck.
Accepted and adopted as read. Voted to raise and appropriate the sum of $1,500.00.
Article 25. To see if the Town will vote to raise and appro- priate a sum of money to the Water Department Construction Account for extending water mains and appurtenances including engineering services in such ways, public or private, as the Board of Water Commissioners shall determine.
Indefinitely postponed.
Article 26. To see if the Town will vote to raise and appro- priate 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 the estimated income is at least 6 percent of the cost of installing.
Accepted and adopted, voted to raise and appropriate the sum of $4,000.00.
Article 27. To see if the Town will vote to install a water main on Lower County Road from Brooks Road west a distance of 300 feet more or less.
Indefinitely postponed.
Article 28. To see if the Town will vote to install a water main on Sequatucket Bluffs.
Indefinitely postponed.
Article 29. To see if the Town will vote to install a water main on Great Western Road.
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Indefinitely postponed.
Article 30. To see if the Town will vote to install a water main on Doane Road.
Indefinitely postponed.
Article 31. To see if the Town will vote to install a water main on Willow Street.
Indefinitely postponed.
Article 32. To see if the Town will vote to install a water main on Lower County Road from Pleasant Road east to Mande- ville Road.
Indefinitely postponed.
Article 33. To see what method the Town will adopt for financing the appropriations which may be voted for the exten- sion of water mains; determine whether the appropriation shall be provided for by taxation, by transfer from available funds in the Treasury or by issuance of a loan.
Accepted and adopted as read-and that the Moderator ap- point a committee of five to determine this article and report to the next annual town meeting. Committee - John W. Hughes, Thomas M. Wright, Victor S. Ryder, Dwight W. Sleeper, Francis J. Hibbert.
Article 34. To see if the Town will vote to create a De- partment of Civil Defense in accordance with the provisions of the Acts of 1950 Chapter 639, as follows:
Section 1. DEPARTMENT OF CIVIL DEFENSE. There is hereby established a department of Civil Defense (hereinafter called the "department"). It shall be the function of the de- partment to have charge of civil defense as defined in section 1, Chapter 639, Acts of 1950 and to perform civil defense functions as authorized or directed by said chapter or by any and all execu- tive orders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the governor under said chapter 639.
Section 2. DIRECTOR OF CIVIL DEFENSE. The de- partment shall be under the direction of a director of civil de- fense (hereinafter called the "director"), who shall be appointed as prescribed by law. The director shall have direct respon- sibility for the organization, administration and operation of the department, subject to the direction and control of the appoint- ing authority. The director may, within the limits of the amount appropriated therefor appoint such clerks, experts and other assistants as the work of the department may require, and may remove them. The director shall receive such salary as may be fixed from time to time by the appointing authority, and may make such expenditures as may be necessary to execute effectively the purposes of chapter 639 of the Acts of 1950.
The director shall also have authority to appoint district
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co-ordinators as may accept and may receive, on behalf of the Town, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans.
Section 3. CIVIL DEFENSE ADVISORY COUNCIL. There is hereby established a civil defense advisory council (hereinafter called the "council"). Said Council shall serve without pay and shall consist of the director of civil defense, such other de- partment heads and such other persons as the authority ap- pointing the director may deem necessary. Such members of said council as said appointing Authority shall designate shall serve as Chairman of said council. Said Council shall serve subject to the direction and control of the appointing authority and the director on matters pertaining to civil defense.
Section 4. POLICE AID TO OTHER CITIES AND TOWNS IN EVENT OF RIOTS OR OTHER VIOLENCE THEREIN. The Police Department is hereby authorized to go to aid another city or town at the request of said city or town in the suppression of riots or other forms of violence therein .
Section 5. TERMINATION OF BY-LAW. This By-Law shall remain in full force and virtue during the effective period of Chapter 639, Acts of 1950 and any act in ammendment or continuation thereof or substitution therefor.
Section 6. DEFINITION. All references to chapter 639, Acts of 1950, as now in force, shall be applicable to any act or acts in ammendment or continuation of or substitution for said Chapter 639.
The foregoing has been approved as to form by the Attorney General as to provisions of Chapter 639, Acts of 1950.
Accepted and adopted as read.
Article 35. To see if the Town will vote to raise and appro- priate the sum of Ten thousand dollars ($10,000.00), to carry out the work of the Department of Civil Defense, and to act fully thereon.
Accepted and adopted, voted to raise and appropriate the sum of $2,500.00.
Article 36. To see if the Town will vote to raise and appro- priate the sum of Ninteen hundred dollars ($1,900.00), to com- plete the heating system in the Fire Station, and to act fully thereon.
Accepted and adopted, voted that the sum of $1,900.00 be transferred from available funds in the treasury.
Article 37. To see if the Town will vote to raise and appro- priate the sum of Fifteen hundred dollars ($1,500.00), for needed
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repairs on Engine 4 (Buffalo), and to act fully thereon.
Accepted and adopted, voted that the sum of $1,500.00 be raised and appropriated for this purpose.
Article 38. To see if the Town will instruct the Selectmen to sell the coal boiler that was removed from the Fire Station, and to act fully thereon.
Article accepted as read.
Article 39. To see if the Town will vote to raise and appro- priate the sum of Five hundred dollars ($500.00), to be expended for Recreation and Amusement in the form of Baseball.
Accepted and adopted as read. Voted to raise and appro- priate the sum of $500.00.
Article 40. To see if the Town will vote to raise and appro- priate the sum of Five hundred dollars ($500.00), for Band Concerts to be given by the Chatham Band in Brooks Park in the summer of 1951.
Accepted and adopted, voted to raise and appropriate the sum of $500.00.
Article 41. To see if the Town will vote to rededicate the Brooks Academy Building to the School Committee for use for school purposes, and act fully thereon.
It was voted not to rededicate the Brooks Academy Building to the School Committee.
Article 42. To see if the Town will vote to raise and appro- priate the sum of Five hundred dollars ($500.00), to purchase for the purposes of furnishing a herring fishing pool on the Herring River a parcel of land approximately 250 feet on the River and approximately 200 feet in depth and approximately 200 feet by an old road and being not less than 40,000 square feet in area, being a parcel of land standing in the name Emulous E. Hall and recorded in Barnstable County Deeds in Book 363, Page 178.
Indefinitely postponed.
Article 43. To see if the Town will vote to instruct its Selectmen to control, regulate and prohibit the taking of eels and any or all kinds of shellfish and sea worms within the Town limits, as provided in Chapter 598 of the acts of 1941, and to make any regulations in regard to such fisheries as may be expedient.
Accepted and adopted as read.
Article 44. To see if the Town will vote to instruct the Moderator to appoint a committee of three to serve with the Board of Health to investigate the Town Dump, its facilities, the question of an incinerator, a new dumping ground and report back with recommendations at the next Town Meeting.
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Accepted and adopted as read. Committee appointed: Three members of Board of Health, Charles D. Hall, Earl F. Bassett, Richard M. Symmes.
Article 45. To see if the Town will vote to raise and appro- priate the sum of One thousand dollars ($1,000.00), to be used in all control work against the Dutch Elm Disease.
Accepted and adopted with the exception that $500.00 be raised and appropriated under this article.
Article 46. To see if the Town will vote to expend the refunded Dog Tax for the support of Brooks Free Library and to act fully thereon.
Accepted and adopted as read.
Article 47. To see if the Town will vote to raise and appro- priate the sum of Six hundred dollars ($600.00), for the purpose of repainting certain rooms in Brooks Block occupied by the 2nd District Court and the hall and stairway leading to the Library.
Accepted and adopted as read. Voted to raise and appro- priate the sum $600.00.
Article 48. To see if the Town will vote to raise and appro- priate a sufficient sum of money to construct a sidewalk on the east side of Mansion Street in West Harwich beginning at the State Highway and extending northerly to Smith Street and to act fully thereon.
Accepted and adopted.
Article 49. To see if the Town will vote to raise and appro- priate the sum of Two thousand dollars ($2,000.00), for the pur- pose of purchasing a new truck for the Highway Department and to authorize the Surveyor of Highways to sell or trade the truck now owned by the Town and the sum from same to be used towards the purchase of a new truck and to act fully thereon.
Indefinitely postponed.
Article 50. To see if the Town will vote to raise and appro- priate the sum of Twenty-two hundred dollars ($2,200.00), to purchase a tractor loader for use of the Highway Department and to act fully thereon.
Accepted and adopted. Voted to transfer from available funds in the treasury the sum of $2,200.00.
Article 51. To see if the Town will vote to change the name Nickerson Court to Edgewood Road. (This Way was accepted as a Town Way February 7, 1949, under Article 37).
Accepted and adopted, Name changed to Edgewood Road.
Article 52. To see if the Town will vote to instruct the Selectmen to lay out as Town Ways the following: Joe Lincoln Road; Harniss Road; Trumet Road; Bayport Road and Ostable
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Road all in West Harwich.
Indefinitely postponed.
Article 53. To see if the Town will vote to instruct the Selectmen to lay out an extension of Woodbine Lane to Pleasant Lake Avenue.
Indefinitely postponed.
Article 54. To see if the Town will vote to instruct the Selectmen to lay out a Town Way from Route 24 south of Long Pond to Pleasant Bay Road so called beginning north of the residence of Idella M. Bassett and proceeding to Pleasant Bay Road near the residence of Ralph Brett.
Accepted and adopted.
Article 55. To see if the Town will vote to instruct the Selectmen to lay out Percy Road in West Harwich as a Town Way thirty (30) feet in width, and act fully thereon.
Accepted and adopted as read.
Article 56. To see if the Town will vote to instruct the Selectmen to lay out the following Ways as Town Ways: Satucket Road; Ayer Lane; Quason Lane; Flake Yard Road; Sequatton Lane; Pilgrim Road; Woodland Road; Bay View Road; Harbor Road to Town Landing; Sea Breeze Avenue; Park Street - the part westerly of Ocean Grove; Zylpha Road; Ocean Avenue; Deep Hole Road and Lothrop Avenue.
Accepted and adopted as read.
Article 57. To see if the Town will accept the layout of Woodbine Lane leading from Meadow Lane to land formerly of the Chatham Branch of the Old Colony Railroad Company, as reported and recommended by the Selectmen under date of January 26,1951, and to authorize and instruct the Selectmen to take by purchase or eminent domain the lands, or interest in the lands, within said layout, and to raise and appropriate a sufficient sum of money for this purpose.
Accepted and adopted as read by unanimous standing vote. Voted to raise and appropriate the sum of $25.00.
Article 58. To see if the Town will accept the layout of Meadow Lane leading from Park Street to land formerly of the Chatham Branch of the Old Colony Railroad Company, as reported and reccommended by the Selectmen under date of January 26, 1951, and to authorize and instruct the Selectmen to take by purchase or eminent domain the lands, or interest in the lands, within said layout, and to raise and appropriate a sufficient sum of money for this purpose.
Accepted and adopted as read by unanimous standing vote. Voted to raise and appropriate the sum of $25.00.
Article 59. To see if the Town will accept the relocation
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and alteration of Park Street from Oak Street to Pleasant Lake Avenue, as reported and recommended by the Selectmen under date of January 26, 1951, and to authorize and instruct the Selectmen to take by purchase or eminent domain the lands, or interest in the lands, within said layout, and to raise and appro- priate a sufficient sum of money for this purpose.
Accepted and adopted as read by unanimous standing vote. Voted to raise and appropriate the sum of $25.00.
Article 60. To see if the Town will accept the relocation and alteration and discontinue at the sections as shown on said plan Gorham Road from Route 28 to Bank Street, as re- ported and recommended by the Selectmen under date of January 26, 1951, and to authorize and instruct the Selectmen to take by purchase or eminent domain the lands, or interest in lands, within said layout, and to raise and appropriate a sufficient sum of money for this purpose.
Indefinitely postponed.
Article 61. To see if the Town will accept the relocation and alteration of Hoyt Road from Freeman Street to the County Way, as reported and recommended by the Selectmen under date of January 26, 1951, and to authorize and instruct the Selectmen to take by purchase or eminent domain the lands, or interest in the lands, within said layout, and to raise and appropriate a sufficient sum of money for this purpose.
Accepted and adopted as read by unanimous standing vote. Voted to raise and appropriate the sum of $40.00.
Article 62. To see if the Town will accept the layout of Wychmere Lane leading off of Miles Street, as reported and re- commended by the Selctmen under date of January 26,1951, and to authorize and instruct the Selectmen to take by purchase or eminent domain the lands, or interest in the lands, within said layout, and to raise and appropriate a sufficient sum of money for this purpose.
Accepted and adopted as read by unanimous standing vote. Voted to raise and appropriate the sum of $25.00.
Article 63. To see if the Town will accept the layout of Braddock Street in Harwich Port, leading from Bank Street to Bank Street, as reported and recommended by the Selectmen under date of January 26, 1951, and to authorize and instruct the Selectmen to take by purchase or eminent domain the lands, or interest in the lands, within said layout, and to raise and appro- priate a sufficient sum of money for this purpose.
Accepted and adopted by 23 standing vote. Voted to raise and appropriate the sum of $60.00.
Article 64. To see if the Town will accept the alteration of Kildee Road leading from Lower County Road to Route 28, as reported and recommended by the Selectmen under date of January 26, 1951, and to authorize and instruct the Selectmen to
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take by purchase or eminent domain the lands, or interest in the lands, within said layout, and to raise and appropriate a sufficient sum of money for this purpose.
Indefinitely postponed.
Article 65. To see if the Town will accept the layout of Mandeville Road leading from Lower County Road to land now or formerly of Ethel E. Mandeville, as reported and recommended by the Selectmen under date of January 26, 1951, and to authorize and instruct the Selectmen to take by purchase or eminent do- main the lands, or interest in the lands, within said layout, and raise and appropriate a sufficient sum of money for this purpose.
Accepted and adopted. Voted to raise and appropriate the sum of $25.00.
Article 66. To see if the Town will vote to raise and appro- priate a sufficient sum of money to provide for the expense in the laying out, relocation and alteration of Town Ways.
Accepted and adopted. Voted to raise and appropriate the sum of $3,000.00.
Article 67. To see if the Town will vote to accept and adopt the following by-law:
An Ordinance governing the taking of Herring.
A. This by-law shall be in effect only during the year in which the herring rights are not sold.
1. Herring shall be taken from the Town Pool only.
2. The taking of herring shall be restricted to residents of the Town only.
3. Herring shall be taken by dipnet only, the use of all seines being excluded.
4. The taking of herring shall be on days permitted by state law and during daylight hours only.
5. Takings shall be limited to one bushel per person per day.
6. Violation of any of the above provisions shall be punish- able by a fine of not more than $20.00.
Accepted and adopted as read.
Article 68. To see if the Town will accept and adopt the following By-Law:
BY-LAW FOR
THE ESTABLISHMENT OF TRAFFIC COMMISSION
Section 1. There is hereby established in the Town of Har- wich a commission to consist of the Chief of Police Department or his representative, the Chief of the Fire Department or his representative, the Chairman of the Park Commission, the Sur- veyor of Highways, the Chairman of the Planning Board, and two (2) committeemen at large to be appointed by the Board of Selectmen.
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Section 2. The Chief of Police, or his representative, shall act as the Chairman of said commission and shall be known as the Traffic Commissioner. The members of the Commission shall receive no compensation for their services as commissioners, but all expenses incurred for the purposes of this act shall be paid by the Town. All statutes and ordinances applicable generally to the departments of the Town shall apply to this Commission.
Section 3. The Commission shall have exclusive authority except as otherwise herein provided, to adopt, amend, alter and repeal rules and regulations, not inconsistent with general law as modified by this act, relative to vehicular street traffic in the Town, and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads, and parkways, under the control of the Town, including rules and regulations designating any way or part thereof under said control as a through way under and subject to the provisions of Section 9 of Chapter 89 of the General Laws, and may prescribe penalties not exceeding fifty dollars for the violation of any rule or regulation adopted hereunder.
Section 4. No such rule or regulation, except such special rules and regulations as are declared by vote of the Commission to be urgently required by considerations of public safety or convenience or such as are of a temporary nature and are to be effective for a period of not more than two weeks, shall take effect until published for two successive weeks in one or more news- papers published in the Town. Upon petition of ten registered voters of the Town relative to any rule or regulation adopted or proposed to be adopted under this section, the commission shall hold a public hearing thereon within ten days after the filing with the commission of such petition, and final action thereon shall be determined only by vote of a majority of the entire membership of the Commission. The Commission shall have power to erect, make and maintain, or cause to be erected, made and maintained, traffic signs, signals, markings and other devices for the control of such traffic in the Town and for informing and warning the public as to rules and regulations, adopted hereunder, subject, however, to Section 2 of Chapter 85 and to Sections 8 and 9 of said Chapter 89, of the General Laws .
Section 5. Nothing in this Act shall be construed to au- thorize the Commission to adopt any rule or regulation excluding the buses or bus companies from any way or part thereof in which it has a location, or to modify or limit any power or authority of the State Department of Public Works or of the State Department of Public Utilities, or Board of Selectmen, or heads of departments with reference to the issuance of licenses or permits for the opening, using or occupying of streets and sidewalks.
Indefinitely postponed.
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Article 69. To see if the Town will accept and adopt, as a By-Law, the following ordinance:
PROTECTIVE BY-LAW FOR TOWN OF HARWICH, MASS.
Section 1. ESTABLISHMENT OF DISTRICTS.
In accordance with Chapter 40 General Laws Sections 25- 30B and subsequent amendments thereto, the town of Harwich is hereby divided into two types of Districts designated as: (a) Com- mercial Districts, (b) Residential and Agricultural Districts. Above districts are being located as shown on the Protective By-Law Map for West Harwich and Harwich Port only, and is dated- and filed with the Town Clerk. They are as follows:
(a) Commercial Districts. Commercial districts shall extend not more than two hundred (200) feet back from street lines on the following streets.
WEST HARWICH: 1. State Highway, Route 28 (Main Street) from Dennisport line easterly on the north side to, and including Postoffice. On South side from Dennisport line to, and including Tripps Garage.
2. State Highway, Route 28 (Main Street) from east side of Lothrop Street to Higgins Market opposite Brooks Road on the north side. From River Road to Brooks Road on the south side. HARWICH PORT: 3. State Highway Route 28 (Main Street) from Higgins Market opposite Brooks Road on North side to West line of Dr. Rowley's property. From Brooks Road on south side to a point two hundred (200) feet west of Doane Way.
4. Sisson Road both sides from Junction State Highway Route 28 (Main Street) northerly (1000) one thousand feet.
5. State Highway Route 28 (Main Street) from the west line of Cape Cod Five Cents Savings Bank Building on the north side, to the east line of Melrose Inn parking lot. From west line of Stanley Inn on the south side, to Pine Street, extending south to the north side of Lower County Road.
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