USA > Massachusetts > Hampden County > Agawam > Town of Agawam, Massachusetts annual report 1941-1945 > Part 34
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"That the Board of Selectmen be and hereby are au- thorized to sell and convey at public auction or by private sale in the name and behalf of the Town at such prices and under such terms and conditions as the said Board of Selectmen and the Finance Committee and Town Treas- urer may determine, the whole or any part of any parcel of land which the Town may acquire or have already ac- quired by the foreclosure of Tax Titles, and any resident of the Town shall be given the preference in such sales if the best interest of the Town are served thereby, ex- cept that any parcel of land acquired, or already ac- quired, the initial tax on which was $300. or more, shall not be sold or otherwise disposed of unless such sale or disposition is first approved at the annual or any special Town meeting."
Voted to amend vote as petitioned for.
Voted that on deposit of $15,000.00 with the Bank- ruptcy Court by the Race Track people for Counsel fees, and the signing of a stipulation to be assented to and ap- proved by Referee Black, that the restraining order would be dismissed unless $75,000.00 is raised and the amount paid within six months, the Referee will release the restraining order against the Town and will order the Trustee to discharge all claims in bankruptcy against the Real Estate held by the Town under foreclosure de- cree of the Land Court, the Town accept the sum of $75,000.00 for conveyance of the Race Track property to the Racing and Breeders Association.
Article 29. To see if the Town will vote to have the Planning Board act as Park Commissioners.
Voted to pass over.
Article 30. To see if the Town will raise and appro- priate the sum of $6,000.00 to be expended by the Plan- ning Board.
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Voted to appropriate the sum of $500.00 for ex- penses of the Planning Board.
Article 31. To see if the Town will vote to raise and appropriate any sum of money for expense of collecting and disposing of salvage.
No action taken.
Article 32. To see if the Town will vote to amend its Zoning by-laws adopted April 6, 1928, by adding to Sec. 1, the following provision :
Any person proposing to repeal or modify the Zoning by-laws shall file with the Planning Board a petition setting forth the proposed repeal or modification with a full and proper description of the property concerned, and the reasons for such repeal or modification, upon which petition, the Board shall within a reasonable time, set a date for hearing. No hearing on such petition shall be had unless a notice stating that such a petition has been filed and giving the time and place of such hearing, and a proper description of the property and proposed repeal or modification shall have been posted in each place where it is customary to post a warrant warning of a town meeting, at least seven days before the date set for each hearing and at least fourteen days before the date of any town meeting before which the proposed repeal or modification is to be acted upon. At any such town meeting the Planning Board shall report its findings on the petition and submit a statement of reasons there- for, and no action on the proposed repeal or modification shall be taken by the town meeting until it has heard the report of the Board in pursuance of this by-law.
Voted to amend the Zoning by-laws adopted April 6, 1928, by adding to Sec. 1 the above provision.
Article 33. To see if the Town will vote to amend the zoning by-laws by changing from residence A to Residence B Zones the property of John C. Bitgood of 4 Leonard Street.
Voted to pass over.
Article 34. To see if the Town will vote to amend its Zoning by-laws by changing from Residence A to Busi- ness Zone, a portion of the property of Beverly Magee and Virginia F. Magee at Suffield Street. Beginning at the east boundary; a line parallel to and 75 feet west of
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Suffield Street. West boundary ; a line parallel to and 175 feet west of Suffield Streeet. South boundary; a line perpendicular to Suffield Street and 100 feet north on Suffield Street of South-East corner of our property. North boundary; a line perpendicular to Suffield Street and 250 feet north on Suffield Street from South-East corner of our property.
Voted to pass over.
Article 35. To see if the Town will vote to amend its Zoning By-laws by changing the following described parcel of land from Business Zone to Residence A Zone property owned by Floyd E. and Jessie M. Boyer on Adams Street :
Lots designated as No. 11 and No. 12 as shown on plan in Hampden County Registry of Deeds, book G of Plans, page 44, with the exception of the Southerly 50 feet of said lot; beginning at the intersection of the Southeasterly line of Adams Street with the Westerly line of Ridge Avenue; and running thence Southwesterly on said Adams Street 142.80 feet; thence Southerly by lot No. 13 on said plan 110.66 feet; thence Easterly by the remaining portions of said lots No. 11 and No. 12 on said plan 100 feet; and thence Northerly by Ridge Avenue 212.60 feet.
Lot designated No. 13 on said plan: beginning at the point where it joins lot No. 12 on Adams Street and running thence Southwesterly on said Adams Street 81.79 feet, thence Southerly 93.48 feet; thence Easterly 50 feet to lot No. 12 as shown on said plan and thence Northerly by lot No. 12 as shown on said plan 160.66 feet.
Voted to amend its Zoning by-laws by changing the above described parcel of land from Business Zone to Residence A Zone, property owned by Floyd E. & Jessie M. Boyer on Adams Street as previously described.
Article 36. To see if the Town will vote to amend its Zoning By-laws by changing from Residence A and B Zones to Business Zone the property of the Stuart Amusement Co. known as Riverside Park, Edward J. Car- roll owner. Bounded Westerly by Main Street; Northerly and Westerly by land formerly of Patrick Burns, now sup- posed to be of Felix Boucher; Northerly by land formerly of George E. Tucker, now supposed to be of Camille F. Gagnon; and land formerly of Harvey Porter, later of
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Charles P. Davis, and now supposed to be of Minerva J. Davis; Easterly by the Connecticut River; and Southerly by land now or formerly of Dennis E. Cavanaugh ; and Be- ginning on the Westerly side of Main Street at the North- east corner of land formerly of Sophia Button, now of one Root, and thence running Westerly by land of said Root and by other land formerly of said Button to the North- westerly corner of said Button land; thence running Southerly by said last named land and land now or for- merly of one Newton to land now or formerly of one Davis; thence running Westerly by land of said Davis to a corner; thence running Northerly along land of said Davis and land now or formerly of one Whitman to a cor- ner; thence running Easterly to another corner of said Whitman land; thence running Northerly by said Whit- man land to land now or formerly of one Pomeroy; then running Easterly by said Pomeroy land to his Southeast- erly corner, thence running Northerly along said Pomeroy land to land now or formerly of one Robinson; thence run- ning Easterly along land of said Robinson to said Main Street; and thence running Southerly by said Main Street to the point of beginning. Commencing at the Northwest corner of land now or formerly of Emma J. Trask et al. and running Easterly on land now or formerly of Mary L. Cook to a stake and stone on top of a bank; thence South- erly on top of the bank to a stake and stone on the line be- tween land of said Trask and land formerly owned by Robert Sikes; thence Westerly on said Sikes to land of Mary L. Cook; thence Northerly on land of Mary L. Cook to place of beginning. Beginning at a stone monument on land of said William Cook, west of the residence of said Cook; thence Westerly by land of said Cook sixty rods; thence Northerly by land of said Pomeroy nine rods; thence Northeasterly on said Pomeroy's land thirteen and one-half rods to a stone monument; thence Northeasterly eight rods on said Pomeroy's land ; thence Easterly thirty- nine rods on said Pomeroy's land; thence Southerly on said Cook's land twenty-three rods to the point of begin- ning ; being a part of the Clark lot, so-called conveyed to said Pomeroys by the trustees of L. L. Whitman by quit- claim deed dated April 22, 1908 and containing eight and one-half (8M) acres more or less.
Voted to amend its Zoning by-laws by changing the property of the Stuart Amusement Co. known as River-
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side Park, Edward J. Carroll owner, from Residence A and B to Business Zone, as previously described.
Article 37. To see if the Town will vote to raise and appropriate the sum of $200.00 for shelving in the Davis Memorial Library.
Voted to appropriate the sum of $200.00 for shelving in the Davis Memorial Library.
Article 38. To see if the Town will appropriate any sum of money to be used by the committee on rehabilita- tion.
Voted to appropriate the sum of $100.00 to be used by the committee on rehabilitation.
Article 39. To transact any other business that may legally come before the meeting.
Voted under article 13 to authorize the Treasurer to borrow from surplus revenue in anticipation of revenue from the State and County and reimburse said account when received.
Voted that the Assessors be authorized to use the sum not exceeding $25,000.00 from surplus in the Treas- ury in computing the tax rate of 1945.
Voted to Adjourn.
HENRY E. BODURTHA
Town Clerk
FEBRUARY 14, 1945
In accordance with a petition for the recounting of the vote cast at the Annual Election of Town Officers on February 5, 1945 for the office of Planning Board for the term of one year, we the registrars of Voters have this 14th day of February canvassed the said vote and find the correct figures to be as follows :
Frederick C. Emerson
Precinct A-One Hundred Eighty-Five 185
Precinct B-Two Hundred Twenty-Five 225
Precinct C-Five Hundred Thirteen 513
Total-Nine Hundred Twenty-Three 923
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James J. Kane
Precinct A-Four Hundred Ninety-Five 495
Precinct B-One Hundred Eighty-Nine 189
Precinct C-Two Hundred Forty-Six 246
Total-Nine Hundred Thirty 930
Blanks
Precinct A-Sixty-Nine 69
Precinct B-Forty-Six 46
Precinct C-Forty-One 41
Total-One Hundred Fifty-Six 156
PHILIP D. BARRY
PHILIP W. HASTINGS
HOWARD W. POND
HENRY E. BODURTHA
Board of Registrars
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Special Town Meeting
July 24, 1945
Article 1. To see if the Town will vote to amend its Zoning By-Laws by changing from Business Zone to Resi- dence A. Zone the property of Georgia M. and Clara J. Loomis in South West Street as follows :- Property on the Easterly side of south west street bounded northerly by land of the heirs of Abraham Labovitz, easterly by land now or formerly of Edmund Smith, southerly by land of John Noble and land of the heirs of Thomas Shea and by land now or formerly of Dexter Steere, and west- erly by South West Street. Also property on the West- erly side of South West Street bounded northerly by land of the heirs of Abraham Labovitz, westerly by the Aga- wam-Southwick town line, southerly by land of Patrick Shea and land of John Gogowski, and easterly by South West Street.
Voted : To pass over.
Article 2. To see if the Town will vote to amend its Zoning By-Laws by changing from Residence B. Zone to Business Zone the property of Angelo J. Poggi at 97-99 Moore Street, bounded northerly by Cooley Street, west- erly by Moore Street, easterly by land of George Fern and Francis Fern and others, and southerly by land of Leo Loncrini.
Voted : To pass over.
Article 3. To see if the Town will adopt a By-Law establishing a Board of Appeals with supervisory powers in connection with the building By-Laws the Zoning By- Laws, the Plumbing By-Laws, decision of the Planning Board relative to sub-divisions as provided by Section 81-1 of Chapter 41 of the General Laws, and acts in amend- ment thereof and in addition thereto, pass any vote or take any action relative thereto.
Voted: To adopt the following by-laws :
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Section 1. There shall be in the town of Agawam a Board of Appeals, hereinafter called the Board, consisting of three members and an associate mem- ber appointed by the Board of Selectmen. The first appointment of members shall be for terms of one, two, and three years. Thereafter, the Board of Selectmen shall appoint each year one member to serve for three years. Appointments of the associate member shall be made for a term of three years. Vacancies shall be filled in the same manner for unexpired terms.
A member shall not act in any case in which he may be an interested party.
In case of a vacancy, inability to act, or interest in a case on the part of a member, his place shall be taken by the associate member, and, while so acting, the associate member shall have the au- thority and responsibility of the member whom he replaces.
Any member or the associate member may be removed for cause by the Board of Selectmen upon written charges and after a public hearing.
Section 2. The Board shall annually elect a chairman and clerk from its own membership. It shall adopt rules consistent with law for the con- duct of its business. Meetings shall be held at the call of the chairman or as otherwise provided by the Board and all hearings shall be open to the public. Records shall be kept by the clerk and copies of all decisions setting forth the reasons therefor shall be filed with the Town Clerk in ac- cordance with the provisions of the General Laws pertaining to the appeal.
The chairman of the Board, or in his absence the acting chairman, may administer oaths, sum- mon witnesses and call for the production of pa- pers.
Section 3. Any person aggrieved by a decision made :-
(a) By a person charged with the responsi- bility of issuing permits for the construction, addition, alteration, removal or use of buildings
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or structures, or the use of land under the by- laws of the town (including those pertaining to plumbing and also including interpretations of the zoning by-laws or infractions thereof; or
(b) By the Planning Board relative to Sec- tions 81-H and 81-F of Chapter 41 of the Gen- eral Laws, may, within five days after the date of the notice of such decision, appeal therefrom to the Board of Appeals by written request for a hearing, mailed or delivered to the chairman of said Board. A copy of such request shall be similarly delivered to the officer or Board from whom the appeal is taken. Such request shall be made in such form as the Board may adopt, and shall clearly state the reasons and grounds for the appeal.
Section 4. In case of an appeal from a decision relating to the construction, addition, alteration, removal or use of buildings or structures under the Building by-laws of the town (including those per- taining to plumbing), the chairman of the Board shall promptly designate a time and place for a hearing by the Board. Such hearing shall be held within ten days following receipt of such appeal and notice of such hearing shall be given at least three days prior to the hearing to all known in- terested parties.
In case of an appeal from a decision of the Plan- ning Board relative to Sections 81-H or 81-F of Chapter 41 of the General Laws, including amend- ments thereof or additions thereto, and in case of an appeal relative to the zoning by-laws of the town, the chairman of the Board shall promptly designate a time and place for a hearing by the Board and shall cause a notice of said hearing, giving pertinent facts thereof, to be pubilshed in at least one of the Springfield, Mass., daily news- papers at least fifteen days prior to such hearing. The chairman of the Board shall also promptly give notice of such hearing to the owners of property adjoining the property involved as indicated by the current records of the Assessors in accordance with statute. The costs of all notices as above in-
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dicated shall be borne by the appellant.
An applicant shall not be granted more than one appeal on the same case within two years fol- lowing the original official or Planning Board de- cision.
Section 5. The Board of Appeals may, in ap- propriate cases and subject to appropriate condi- tions and safeguards, impose limitations of both time and use in interpreting the building and zon- ing by-laws in accordance with the statutes, and it may provide for variations of the by-laws to the end that unnecessary hardship in a particular case may be avoided if such variation will not adversely affect the safety, health, morals, or welfare of the inhabitants of the town.
Section 6. At any hearing the appellant may ap- pear in person, by an agent, or by an attorney, and the officer or board from whose decision the ap- peal is taken shall give the reasons for making such decision. The Board may also hear any other interested parties who may wish to favor or object to the appeal.
When the case pertains to the zoning by-laws, the Planning Board shall make such recommenda- tions as it deems advisable for the best interests of the town.
Section 7. Decisions of the Board of Appeals may reverse, affirm in whole or in part, or modify any official or Planning Board decision, and to that end it shall have all the powers of the officer or board from whom the appeal was taken, and may issue or order the issuance of such permits, cer- tificates, or approvals as its decision indicates.
A unanimous vote of the members of the Board of Appeals hearing each case shall be necessary to decide in favor of an appellant, to reverse the official or Board decision from which the appeal was taken, or to make any variation, modification, or interpretation thereof.
The Board of Appeals shall make its decision on all cases within ten days after the hearing, and shall as soon as reasonable thereafter, notify the
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appellant and the person or board from whose decision the appeal was taken, and, in any cases pertaining to the zoning by-laws, the Planning Board, of its decision. Such notification shall be in writing. Persons aggrieved by decisions of the Board of Appeals may appeal to the superior court as provided by the statutes.
Section 8. Members of the Board may receive such remuneration as shall be determined by the town.
Section 9. These by-laws may be altered or re- pealed by a two-thirds vote of those present and voting at any regular or special town meeting, pursuant to an article in the warrant.
These by-laws shall become effective on approval by the Attorney General, and disapproval of any provision shall not invalidate the remaining provi- sions.
Boston, Mass., September 27, 1945 The fore-going by-law is hereby approved.
Clarence A. Barnes, Attorney-General.
Article 4. To see if the Town will authorize the Plan- ning Board to employ a consultant for the purpose of re- vising the Zoning By-Laws and the official zoning map of the Town and appropriate the sum of Three Hundred Dol- lars ($300.00) for such purpose and provide for the pay- ment of the same.
Voted: To appropriate the sum of Three Hun- dred Dollars to be taken from the excess and deficiency fund for the purpose of revising the Zoning By-Laws and the Official Zoning Map of the Town.
Article 5. To see if the Town will authorize the execution and delivery of a deed or deeds, or other ac- quittances to the Agawam Racing and Breeders' Associa- tion, Inc., on payment to the Town of Seventy-Five Thou- sand Dollars ($75,000.00) and the satisfaction of attor- neys' fees, in accordance with the vote passed at the an- nual meeting; pass any vote or take any action relative thereto.
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No action taken.
Article 6. To see if the Town will appropriate the sum of Seventy-Two Dollars ($72.00) for the paymelit of a 1942 Health Bill to the City of Springfield and provide for the same.
Voted to appropriate from the excess and deficiency fund the sum of Seventy-Two Dollars for the payment of a 1942 health bill to the City of Springfield.
Article 7. To see if the Town will appropriate the sum of Nine Thousand Dollars ($9,000.00) for the con- struction of a sewer on Kensington Street and provide for the raising of the same.
Voted to appropriate from the excess and deficiency fund the sum of Nine Thousand Dollars for the construc- tion of a sewer on Kensington St.
Article 8. To see if the Town will appropriate the sum of Nine Thousand Dollars $9,000.00) for the con- struction of a sewer on Norris Street and provide for the raising of the same.
Voted: To appropriate from excess and deficiency fund the sum of $9,000.00 for the construction of a sewer on Norris Street.
Article 9. To see if the Town will appropriate the sum of $5,000.00 for the construction of the Westfield River Intercepting Sewer at the location of the New Aga- wam-West Springfield Bridge and provide for the raising of the same.
Voted: To appropriate from the excess and defi- ciency fund the sum of $5,000.00 for the construction of the Westfield River intercepting sewer at the location of the New Agawam-West Springfield Bridge.
Article 10. To see if the Town will appropriate the sum of Thirty-Four Hundred Dollars ($3,400.00) for the extension of water pipe on Suffield Street and provide for the raising of the same.
Voted: To appropriate from the excess and deficiency fund the sum of $3,400.00 for the extension of water pipes on Suffield Street.
Article 11. To see if the Town will appropriate the
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sum of Twenty-Four Hundred Dollars for the extension of water pipe on Rowley Street and provide for the raising of the same.
No action taken.
Article 12. To see if the Town will appropriate the sum of $1,152.00 for the salary of Water Superintendent and provide for the raising of the same.
Voted: To appropriate from the excess and defi- ciency fund the sum of $1,152.00 for the salary of the Water Superintendent.
Article 13. To transact any other business that may legally come before the said meeting.
Voted to appropriate from the 1945 appropriation for welfare the sum of $116.43 to pay the City of West- field account for Welfare Aid contracted in 1944. Voted unanimous.
Voted to adjourn.
Henry E. Bodurtha, Town Clerk
Special Town Meeting
September 4, 1945
Article 1. To see if the Town will appoint a com- mittee to investigate the feasibility of the Town adopt- ing a retirement system as provided by authority of Chap- ter 32 of the General Laws of Massachusetts, and amend- ments thereto, and report at the next annual Town Meet- ing.
Voted that a Committee of three be appointed by the Moderator to investigate the feasibility of the Town adopting a retirement System as provided by authority of Chapter 32 of the General Laws of Massachusetts and amendments thereto and report at the next annual Town Meeting.
Article 2. To see if the Town will approve the recon- veyance of all Real Estate formerly belonging to the Aga-
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wam Racing and Breeders' Association to the Trustee in Bankruptcy of said Agawam Racing and Breeders' Asso- ciation.
Moved that the Town hereby approve the reconvey- ance of all Real Estate now or formerly belonging to the Agawam Racing and Breeders' Association, Inc., to the Trustee in Bankruptcy of said Agawam Racing and Breeders Association under terms and conditions of the deed presented before this meeting.
"On a Yes and No ballot vote the motion was lost by a vote of 179 Yes and 279 No. Total vote 458."
Article 3. To transact any other business that may legally come before said meeting.
Voted to adjourn.
Henry E. Bodurtha, Town Clerk
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BIRTHS REGISTERED IN AGAWAM FOR THE YEAR 1945
Date of Birth Jan. 7
Name of Child
Name of Parents
Allen George Dube
Leonard N. and Alice L. Dube John J. and Anna Jeserski
Jan. 9
John Edward Jeserski
Jan. 9
John Francis Jackowicz
John F. and Gertrude M. Jackowicz John S. and Mary Bably
Jan. 9
Joan Mary Bably
13 14 16 Gail Ann Reidy
Jan. Jan. Jan. Jan. 17 John Rand Dyke, Jr. 22 Harold A. Fullam, Jr. 25 David Dewayne Raynor Jan. Jan. Jan. 26 Sylvia Jean Mercadante Jo Ann Santinello 14 Thomas George Fleming
Jan. 31 Feb. Feb. Feb. Feb. Feb. Feb. Feb. 23
2 Pamela Jane Gay
12 Janice Marie Campbell
17 Nancy Emily Green Sally Reynolds
19
19 Jeffery G. Reynolds
Mar. co
Virginia Joan Malaguti Bartholomew Francis Kennedy, Jr. Keith Dale Thomas
Mar. 5
Mar. Mar. Mar. Mar. Mar. Mar. April
6 9 Daniel Joseph Grady
20 William Lawrence Bouley Lawrence O. and Linnie K. Bouley
George J. Easton, Jr.
25 25 Maureen E. Reardon James Philip Grady Mary Ellen Moran Richard Leroy Small, Jr. Gary Stanley Slate Sharyn Ann Kennedy Jack Alexander Mulligan
Joyce Marie Shaker Donald Joseph Charest
Lynn Ellen Davenport Janet W. Hastings
2 Kenneth Paul Lamothe Lynn Thomas Finley John Karl Edelman
June 1 Mary Frances Prellwitz
June 6 David John Alvigini
June L
12 Martha Stebbins
George and Dorothy A. Greenfield Robin Ann Greenfield Douglas LeForest Ehrgood Donald E. and Dorothy B. Ehrgood Thomas F. and Madeline Reidy John R. and Rose Dyke Harold A. and Marjorie M. Fullam Frederick E. and Ernestine E. Raynor Antonio and Alvera Mercadante Anthony J. and Josephine Santinello Charles C. and Helen J. Gay Frederick P. and E. J. Campbell George T. and Eileen W. Fleming Joseph T. and Anna Green George L .and Esther L. Reynolds George L .and Esther L. Reynolds Roldo A. and Marian V. Malaguti Bartholomew F. and Josephine M. Kennedy
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