USA > Massachusetts > Barnstable County > Harwich > Town annual reports of the selectmen and overseers of the poor of the town of Harwich 1958 > Part 3
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To either of the Constables of the Town of Harwich in said County,
Greeting:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of said Town qualified to vote in elections and town affairs to meet in the High School Auditorium in said Town on Monday, March 2, 1959 at 12 noon then and there to act on Article 1 and afterwards on the following day, Tuesday, March 3, 1959 at 7:30 p.m. to meet in Exchange Hall and act on the remain- ing articles.
Polls will be open at 12 noon and will close at 8:00 p.m.
Article 1. To choose on one ballot the following Town Officers and Committees: Moderator for one year; Town Clerk for three years; Town Treasurer for three years; Collector of Taxes for three years; one Selectman, Overseer of Public Wel- fare, and the Board of Health for three years; one Assessor for three years; one Recreation Commission member for five years; three Constables for one year; one Trustee of Brooks Library for three years; one Cemetery Commissioner for three years; one School Committee member for three years; one Park Commissioner for three years; one Water Commissioner for three years; and one Planning Board member for five years.
Article 2. To choose all other Town Officers and Com- mittees.
Article 3. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to bor- row money from time to time in anticipation of the revenue of the financial year beginning January 1, 1959 and to issue a note or notes therefore payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44 of the General Laws.
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Article 4. To hear the report of all Town Officers and Committees for the year of 1958.
Article 5. To see if the Town will vote to raise and ap- propriate such sums of money as may be required to defray town charges for the calendar year of 1959 and to act fully thereon.
GENERAL GOVERNMENT
Article 6. To see if the Town will vote to raise and ap- propriate a sufficient sum of money for the purpose of mak- ing repairs and alterations to the Exchange building in Har- wich Center, and to determine whether the money should be provided for by taxation, by transfer of available funds in the treasury or by the issuance of a loan and to act fully thereon.
By request of the Board of Selectmen.
Article 7. To see if the Town will vote to instruct the moderator to appoint a committee of five, one of whom shall be the Chief of Police, to prepare the necessary information and plans for a new Police Station, and to raise and appro- priate the sum of five hundred dollars ($500.00) to be used toward architect's fees if needed. Committee to report at the next Annual or Special Town Meeting and to act fully thereon.
By request of Harry B. Albro and others.
Article 8. To see if the Town will vote to raise and ap- propriate the sum of three thousand five hundred dollars ($3,500.00) to construct an addition on the Fire Station for the purpose of housing its equipment and storage facilities, and to act fully thereon.
By request of Charles A. Hall, Chief Harwich Fire Depart- ment.
Article 9. To see if the Town will vote to raise and ap- propriate the sum of one thousand five hundred seventy-five dollars ($1,575.00) and to authorize the Selectmen to purchase a new Police Cruiser and Equipment, to trade the 1957 Ply- mouth cruiser now owned by the Town, the sum received from said trade to be used toward the purchase of the new car and to act fully thereon.
By request of George C. Baldwin, Chief Harwich Police Department.
Article 10. 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.
By request of the Library Trustees.
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Article 11. To see if the Town will vote to raise and ap- propriate the sum of five hundred dollars ($500.00) for the purpose of reprinting the Town by-laws including the gas code and the plumbing code and to act fully thereon.
By request of the Board of Selectmen.
Article 12. To see if the Town will vote to raise and ap- propriate the sum of five hundred dollars ($500.00) for the purpose of surveying and bounding various town properties including roads and to act fully thereon.
By request of the Board of Selectmen.
Article 13. To see if the Town will vote to raise and ap- propriate the sum of nine thousand dollars ($9,000.00) to be spent under the direction of the Board of Assessors for the professional equalization of valuation of all real estate and tangible personal property in the Town of Harwich, said $9,000.00 to represent approximately 1/3 of the cost of pro- fessional equalization of valuation and to authorize the Board of Assessors to contract for the above professional equalization of valuation and to act fully thereon.
By request of the Board of Assessors.
Article 14. To see if the Town will vote to accept Sec- tion 20 of Chapter 40A of the General Laws which provides that appeals which have been unfavorably acted upon by the Board of Appeals shall not be considered on their merits by the Board of Appeals within two years after the date of such unfavorable action except with the consent of all the mem- bers of the Planning Board and to act fully thereon.
By request of the Board of Appeals.
Article 15. To see if the Town will vote to approve the following addition to the Subdivision Rules and Regulations. Under Section IV Design Standards, insert the following as paragraph j. "All streets to be leveled and pitched for proper drainage, cleared to a width of twenty (20) feet and hardened with suitable material to a depth of six (6) inches, all in ac- cordance with Article 10, Sections 1 and 2 in the Town By- Law. A performance bond of sufficient amount shall be fur- nished by the sub-divider." and to act fully thereon.
By request of the Planning Board.
Article 16. To see if the Town will vote to amend the Building and Fire Prevention By-Law of the Town of Har- wich as follows:
Section 2, Par. 1, in second line add word "moved" so as to read:
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"Par. 1 No building or structure shall be erected, al- tered, reconstructed or moved without a permit granted by the Building Inspector."
Section 3. Delete this entire section and insert the fol- lowing section in place thereof:
"Section 3. Applications for permits shall be accom- panied by a plan of the lot showing the actual dimensions of the lot, the exact location and size of existing buildings and structures, the exact location and size of proposed build- ings and structures, the exact location and size of proposed changes to existing buildings and structures, the existing and intended use of each building and structure, the location of cesspools, septic tanks, water supplies on the proposed lot and adjacent lots, streets on and adjacent to the lot, and such other information as may be necessary under the pro- visions of this By-Law to provide for its execution and en- forcement. A record of all applications, plans, and permits shall be kept on file in the Town Office."
Section 4. Delete this entire section and insert the fol- lowing section in place thereof:
"Section 4, Par. 1. In all districts all buildings herein- after erected, altered, reconstructed or moved, shall extend not nearer to the street line than twenty-five (25) feet, ex- cept where setback has already been established by existing buildings or structures. Established set-back distance may then be accepted.
Par. 2. In all districts all dwellings and in Residential and Agricultural districts, all buildings erected, altered, re- constructed or moved shall extend not nearer to an abutting property line than ten (10) feet and not nearer to existing dwellings than twenty (20) feet."
Par. 3. When used in this By-Law street(s) shall be understood to include roads, ways, alleys, lanes, courts, squares, places and like areas of passage which are a matter of public record."
Section 7, Paragraph 7B, Framing: at the end of this paragraph add the following new sentence:
"8. Framing shall be as stated or its structural equiva- lent."
Section 10. Enforcement. Delete this entire section and insert the following section in place thereof:
"Section 10. Enforcement. This By-Law shall be en- forced by the Board of Selectmen through the Building Inspector."
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Section 13, Paragraph (B) Delete this entire paragraph and insert the following paragraph in place thereof:
"Paragraph (B) The person appointed and qualified to act as Inspector shall receive such salary or compensation as shall be fixed by the Board of Selectmen not to exceed the amount appropriated by the town." and act fully thereon.
By request of the Planning Board.
Article 17. To see if the Town will vote to amend the Protective By-Law of the Town of Harwich as follows:
Section 2, Paragraph 2; in the third line of this para- graph after the word, "Business" add the words; "and for any use permitted in the commercial districts," so that para- graph 2 will read as follows:
"Paragraph 2. In Industrial Districts: Buildings, struc- tures and premises may be used for any lawful manufactur- ing or warehousing business, and for any use permitted in the Commercial districts if not considered detrimental to health or injurious to vegetation from fumes or waste and if authorized by the Board of Appeals after its approval of all plans for proposed construction and occupancy."
Section 2, Paragraph 3 (a); after (a) add the following note:
Note: This does not mean the construction or remodelling of individual renting units with separate entrance of the motel type, as this would eliminate entirely a common over-all occupancy under the intent of a dwelling, which is a house with full housekeeping facilities. Motels should only be located in the Commercial Dis- tricts."
Section 2, Paragraph 3 (d), in line (d) add the words "or use of municipal property" so as to read:
"(d) Municipal use or use of Municipal Property."
Section 2, Paragraph 3 (i), in the first line of this para- graph delete the words, "to the area" so that the paragraph will read as follows:
"(i) In addition, north of State Highway, Route 28, (Main Street) for any agricultural use except piggeries and fur farms and for uses customarily necessary thereto, and for the following commercial purposes, but not others:"
Section 2, Paragraph 3 (i) (c), delete (c) which reads as follows:
"(c) Dog Kennel or Veterinary Hospital."
Section 3, Paragraph (a); delete paragraph (a) and in- sert the following paragraph in place thereof:
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"(a) In all districts all buildings hereafter erected, al- tered, reconstructed or moved shall extend not nearer to the street line than twenty-five (25) feet except where set-back has already been established by existing buildings or struc- tures. Established set-back distance may then be accepted."
Section 3, Paragraph (b); delete paragraph (b) and in- sert the following paragraph in place thereof:
"(b) In all districts all dwellings, and in residential and agricultural districts all buildings, hereafter erected, altered, reconstructed or moved shall extend not nearer to abutting property lines than ten (10) feet and not nearer to existing dwellings than twenty (20) feet, in accordance with Building Code regulations."
Section 3, Paragraph (d); delete paragraph (d) and in- sert the following paragraph in place thereof:
"(d) Any dwelling hereafter erected shall be located on a lot not less than seventy-five hundred (7,500) square feet and where more than twenty thousand (20,000) square feet of land is available under the same owner the minimum shall be not less than ten thousand (10,000) square feet. Note: It is not intended to require 10,000 square feet of lot area on sub-division plans previously filed and approved by the Har- wich Planning Board where lot sizes are less than 10,000 square feet."
Section 3, add at the end of this section a new paragraph (g) to read as follows:
"(g) For the purpose of this By-Law the word street(s) shall be understood to include roads, ways, alleys, lanes, courts, squares, places, and like areas of passage which are a matter of public record."
Section (5), Paragraph (b), at the end of this paragraph add the words, "through the Building Inspector", so that the paragraph will read as follows:
"(b) This By-Law shall be enforced by the Board of Selectmen through the Building Inspector." and to act fully thereon.
By request of the Planning Board.
Article 18. To see if the Town will vote to accept and adopt the following changes in the By-Laws of the Town of Harwich:
Article 1, Section 2-delete the last fifteen (15) words of this section so as to read:
"Section 2. All warrants for town meetings, whether annual or special, shall be served by a constable by posting
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attested copies in each post office in said town not earlier than fourteen days nor later than seven days before the meeting."
Article 1, Section 3-after the twenty-first (21) word, "than", delete the words, "January 1st", and insert in place thereof the words, "four (4) p.m. of the week day next pre- ceding January first," so as to read:
"Section 3. All articles to be inserted in the annual town warrant shall be presented in writing to the Selectmen not later than four (4) p.m. of the week day next preceding January first, previous to the annual town meeting. All articles for a special town meeting shall be presented in writing to the Selectmen two weeks before the special town meeting."
Article 1, Section 4-delete this entire section and in- sert the following in place thereof:
"Section 4. A quorum for an annual or special town meeting shall be not less than 200 registered voters."
Article 2. Section 8-delete this entire section and insert the following in place thereof:
"Section 8. The vote on a motion to reconsider a pre- vious vote shall be made before the next adjournment of the meeting, and shall require a three-fourths majority to prevail."
Article 2. Add and insert a new section, section 10, to read as follows:
"Section 10. Articles in the warrant shall be acted upon in their order, unless otherwise ordered by a three-fourths vote of the meeting."
Article 3, Section 3-delete this entire section and insert the following in place thereof:
"Section 3. The report of the Finance Committee, to- gether with the warrant pertaining thereto, shall be pub- lished at least once before a Special Town Meeting and at least once not less than (7) days before an Annual Town Meeting, in a newspaper published in Barnstable County and circulated in the Town of Harwich." and to act fully thereon.
By request of the Board of Selectmen.
Article 19. To see if the Town will vote to amend the town by-laws by inserting under Article 8, Section 1, the fol- lowing new section:
"Section 3. All heads of town departments shall file with the Board of Selectmen not later than the 10th of each month a detailed written report of the operations and activ-
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ities of their department for the preceding month. Said re- ports will be kept on file by the Selectmen and will be avail- able for inspection by the public." and to act fully thereon.
By request of the Town Government Study Committee.
Article 20. To see if the Town will vote to amend the By-Laws of the Town of Harwich as follows:
To insert under Article 8, after Section 1, the following new section:
"Section 3. No officer of the Town authorized to bor- row money or make any contracts or purchases in behalf of the Town, shall be personally interested in any loan, contract, or purchase which he or any Board of which he is a member, makes in behalf of the Town." and to act fully thereon.
By request of the Town Government Study Committee.
Article 21. To see if the Town will vote to accept an Act passed by the Legislature in the year 1959 entitled "An Act to Establish a Department of Waterways in the Town of Harwich" and to act fully thereon.
By request of the Board of Selectmen.
Note: The Act is printed here in its entirety.
An Act to Establish a Department of Waterways In the Town of Harwich
Section 1. There shall be established in the Town of Harwich a department to be known as the Department of Waterways, hereinafter referred to as the Department, and such Department shall be under the supervision of an officer to be known as the Superintendent of the Department of Waterways, hereinafter referred to as the Superintendent.
The Selectmen shall annually appoint said Superintend- ent, and fix his compensation not to exceed the appropri- ations therefor, and may remove said Superintendent for cause and after a hearing.
The duties of the Superintendent shall include the super- vision of all municipal property, structures, and facilities which are located on, adjacent to, or adjoining, and serve the use of, the shores, lakes, ponds, rivers, and harbors of the Town of Harwich, excepting therefrom any part of the public water system and the public road system, but including the adjoining parking areas and any part of the public road sys- tem which might reasonably considered to be a part of those parking areas.
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The Superintendent shall have and exercise all the pow- ers and duties of Harbormasters, Wharfingers, Shellfish War- dens, and Herring Supervisors. He shall hire all employees and purchase all materials, supplies and services necessary for the operation of the Department. He may appoint such subordinate officers as he thinks necessary and may remove the same at any time for cause. He shall fix the compensation for all members of the Department not to exceed the ap- propriation therefor. Subject to the approval of the Select- men he may enter into contracts on behalf of the Town.
The Superintendent may make rules and regulations gov- erning the officers and employees of the Department, and, subject to the approval of the Selectmen he may make suit- able rules and regulations governing the use of the property, structures and facilities of the Department, including the charging of fees therefor.
Section 2. This act shall take effect upon its acceptance by a majority of the voters of the Town of Harwich present and voting at an annual or special town meeting called for the purpose but not otherwise.
Article 22. To see if the Town will vote to accept an Act passed by the legislature in the year 1958 entitled "An Act to validate the laying out, alteration, relocation, or discontinu- ance of certain public ways in the Town of Harwich" and to act fully thereon.
By request of the Board of Selectmen.
An Act to Validate the Laying Out, Alteration, Relocation or Discontinuance of Certain Public Ways in the Town of Harwich
Section 1. The laying out, alteration, relocation or dis- continuance of all public ways in the town of Harwich, previ- ous to the year nineteen hundred and fifty-seven by the selectmen of said town in so far as such laying out, alteration, relocation or discontinuance may be invalid by reason of failure to comply with the provisons of chapter forty-one, seventy-nine, eighty and eighty-two of the General Laws, is hereby validated and confirmed.
Section 2. This act shall take effect upon its acceptance by a majority of the voters of the town of Harwich present and voting thereon at an annual or special town meeting called for the purpose, but not otherwise.
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Article 23. To see if the Town will vote to instruct the Board of Health to employ medical, dental and other pro- fessional services coming under their jurisdiction from res- idents in the Town if any be available.
By request of Dr. J. F. Roberts and others.
Article 24. To see if the Town will vote to rescind the action taken at the regular Town Meeting on February 2, 1931 whereby it accepted Sections 1, 3, 6 and 7 and Sections 11 to 16 inclusive of Chapter 142 General Laws and all amend- ments and additions thereto, said act being relative to the supervision of plumbing.
By request of Alice V. Morris and others.
Article 25. To see if the Town will vote to adopt rules and regulations relative to the supervision of plumbing within said Town. These rules and regulations to be formulated by the Board of Health of Harwich and subject to such changes as they see fit to protect the health of the inhabitants of Harwich.
By request of Alice V. Morris and others.
Article 26. To see if the Town will vote to raise and ap- propriate the sum of eleven hundred dollars ($1,100) for the purpose of revising the town's advertising map and printing new copies and to act fully thereon.
By request of the Board of Selectmen.
Article 27. To see if the Town of Harwich will vote to raise and appropriate the sum of five hundred dollars ($500) for the purpose of advertising and promotion in the Town of Harwich, to be spent by the Harwich Chamber of Commerce, providing that the said Chamber of Commerce raises a like amount and act fully thereon.
By request of Harold R. Pevear and others.
Article 28. To see if the Town will vote to raise and ap- propriate the sum of five hundred dollars ($500) for the pur- pose of installing and maintaining Christmas lights along the main business sections in the Town of Harwich, said money to be spent under the direction of the Selectmen and to act fully thereon.
By request of Marie G. Morgan and others.
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BEACHES - RIVERS - HARBORS
Article 29. To see if the Town will vote to take by pur- chase or eminent domain for recreational purposes the land at Red River Beach, South Harwich, bounded and described as follows: Easterly by the Red River or Chatham - Harwich Town line; southerly by the Red River beach, westerly by Uncle Venies Road, and northerly by the South Chatham Road excepting therefrom two parcels of upland and cran- berry bog, one lying adjacent to Uncle Venies Road at the southwest corner of the above described area and extending into the center of the area, and one lying adjacent to the South Chatham Road and the Harwich - Chatham Town line at the northeast corner of the above described area, all as shown on a plan filed with the Town Clerk and to raise and appropriate the sum of forty-nine hundred dollars ($4,900) for this purpose and to act fully thereon.
By request of the Board of Selectmen.
Article 30. To see if the Town will vote to take by pur- chase or eminent domain for recreational purposes the land at Seymours Pond, Pleasant Lake bounded and described as follows: Easterly by the railroad; southerly by the land of the Town of Harwich; again easterly by Seymours Pond and northwesterly and northerly by cranberry bog of J. B. Atkins, all as shown on a plan filed with the Town Clerk and to raise and appropriate the sum of four thousand, one hundred and twenty-five dollars ($4,125) for this purpose and to act fully thereon.
By request of the Board of Selectmen.
Article 31. To see if the Town will vote to take by pur- chase or eminent domain for recreational purposes the land at Sand Pond, North Harwich, bounded and described as fol- lows: Southerly by the Great Western Road; westerly by a dirt road; northerly by Sand Pond; and easterly by a dirt road, excepting therefrom a cranberry bog and water rights to and from that bog all as shown on a plan filed with the Town Clerk and to raise and appropriate the sum of fifty- nine hundred dollars ($5,900) for this purpose and to act fully thereon.
By instruction of 1958 meeting.
Article 32. To see if the Town will vote to instruct the Selectmen to negotiate for and to prepare the necessary in- formation and plans for the purchase or taking by eminent domain for recreational purposes of certain lands north of the Great Western Road and in the vicinity of Sand Pond in the village of North Harwich and to act fully thereon.
By request of the Recreation Commission.
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SKINEQUIT
************ 2
POND
WAY
ROAD
ORTON
BRETT WOOD
ROAD
ROAD
CHATHAM
L
SOUTH
ROAD
RIVER
VENIES
HERSEY
UNCLE
MARSH
-
I
MARSH
T
SOUND
NANTUCKET
PROPOSED TAKING AT SOUTH HARWICH
TAKING
19 ACRES :
200
400 600
APPROXIMATE SCALE IN FEET
$.R. SWEETSER #WHINEER
DENNISPORT , MASS DECENTER 1968
See Article 29
HARSH
CHATHAM
REC
806
46
PROPOSED TAKING FROM J. B. ATKINS AT PLEASANT LAKE
BREWSTER
LINE
TOWN
CRANBERRY BOG
PROPOSED
1.07± ACRES
PURCHASE
DYKE & ROAD
400 FEET
SEYMOUR
POND
TOWN OF HARWICH
See Article 30
LAKE AVENUE
ROAD PLEASANT
-
RAIL
-
Z
-
E
AA
BOG
-
POND
SAND
See Article 31
BOG
-
80G
-
-
BOG
-
ROAD
WESTERN
BỘG
-
-
AND
50
100
200
500
100
500
RAIL ROAD NEW YORK, NEW HAVEN HARTFORD
co.
APPROXIMATE
SCALE IN FEET
S.R. SWEETSER ENGINEER DENHISPORT, MASS JANUARY 1958
47
PROPOSED TAKING AT NORTH HARWICH TAKING 13 ACRES ±
-
-
GREAT
N
LAKE ST
ST:
ALDEN
OCEAN
BOG
AVENUE
See Article 33
J
POND
SKINEQUIT
PROPOSED TAKING AT SOUTH HARWICH
TAKING : 8,000 SQ. FT.
0
100
200
300
100 500
APPROXIMATE SCALE IN FEET
S.R. SWEETSER ENGINEER DENNISPORT . MABS DECEMBER 1986
m
UNCLE VENIES ROAD
48
49
Article 33. To see if the Town will vote to purchase or take by eminent domain for recreational purposes the land on Skinequit Pond, South Harwich, more particularly boun- ded and described as follows: Northerly, westerly and north- erly by William R. Wheeler Jr., westerly by Skinequit Pond, southerly and easterly by Walter L. McCammon et ux and easterly by Ocean Avenue, a Town Way, all as shown on a plan filed with the Town Clerk, and to raise and appropriate the sum of five hundred and seventy-five dollars ($575.00) for this purpose and to act fully thereon.
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