USA > Massachusetts > Barnstable County > Eastham > Town of Eastham Annual Report 1947-1951 > Part 9
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Given under our hands and seals this 19th day of Jan- uary in the year of our Lord, One Thousand Nine Hundred and Forty-eight.
MAURICE W. WILEY, Chairman GEORGE HOWARD,
LUTHER P. SMITH,
Board of Selectmen
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ANNUAL TOWN MEETING FEBRUARY 16, 1948
Pursuant to the foregoing warrant this meeting was called to order at 10:00 o'clock A. M. by the Moderator, call of meeting read, and reading of warrant waived, return of officer read. Mrs. Helen B. Schwind and Mrs. Esther Turner appointed tellers and sworn by the Town Clerk.
Article 1. Voted to fix the salary and compensation of all elected officers of the Town as provided by Section 108 of Chapter 41, General Laws as amended. Voted 64 to 2.
Salaries
Moderator
$ 25.00
Road Surveyor
50.00
Constable
50.00
Sec. Fin. Comm.
50.00
Selectmen
1,200.00
Board of Welfare
900.00
Assessors
1,500.00
Treas., Town Clerk, Tax Collector
2,600.00
Article 2. Voted to accept the budget figures of the Finance Committee as follows :
Accountant
$ 500.00
Clerk
1,000.00
Selectmen and Assessors' Exp.
300.00
Accountant Adm.
30.00
Treas., Coll., Clerk Exp.
450.00
Officers' Travel
250.00
Election and Registration
200.00
Surety on Bonds
100.00
Assessor Abstracts
150.00
Certification cf Notes
10.00
Legal
150.00
Janitor
1,900.00
Town Hall
900.00
Police
500.00
Sealer of Weights and Measures
40.00
Inspection of Wiring
270.00
Moth Suppression-
1,000.00
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Moth Truck Exp.
200.00
Tree Warden
300.00
Health
500.00
Inspection of Animals
40.00
Dog Account
24.00
Highway General
500.00
Snow
500.00
Public Welfare
1,000.00
Public Welfare Adm.
300.00
Aid Dependent Children
1,500.00
Old Age Assistance
6,500.00
Veterans' Benefits
2,000.00
Fire Dept.
1,300.00
Tax Title
100.00
Town Landings
1,000.00
Memorial Day
75.00
Community Christmas Tree
75.00
Town Reports
541.00
Finance Committee
10.00
Insurance
800.00
Reserve
2,000.00 To be trans-
ferred from available funds.
Old Cemeteries
200.00
Interest
100.00
Schoolhouse Note (from Available Funds)
1,000.00
Town Dump
850.00
Youth Center
125.00
Schools
28,856.00
School Lunch
3,000.00
Vocational Education
800.00
Miscellaneous
200.00
Library
250.00
Planning Board
100.00
$68,871.00
Article 3. Voted to elect a Town Director for the Cape Cod Extension Service. Elected, Joseph H. Putnam, Director.
Article 4. Voted that the refunded Dog Tax be made available to the Public Library.
Article 5. Voted to authorize the Town Treasurer, with
34
the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1948, and to issue note or notes pay- able therefor in one year and to renew any note or notes as may be given for a period of less than one year, in accord- ance with Section 17, Chapter 44, General Laws.
Article 6. Voted to raise and appropriate the sum of $400.00 for the establishment and maintenance of a Free Bed in the Cape Cod Hospital, Hyannis, Mass., for the care and treatment of those persons certified by the Selectmen to be residents of the Town and unable to pay for such treat- ment.
Article 7. Voted to raise and appropriate the sum of $1,000.00, $500.00 to be used for Protection and $500.00 for Propagation of Shellfish. Unanimous vote.
Article 8. Voted to authorize the Selectmen to sell prop- erty taken by the Town under Tax Title procedure, and to raise and appropriate the sum of $500.00 for expense con- nected therewith.
Article 9. Voted to pay a bounty of 50 cents each for woodchucks killed within the Town boundaries and raise and appropriate $50.00 for this purpose.
Article 10. Voted to raise and appropriate the sum of $78.95 to pay unpaid bills of 1947.
Article 11. Voted to raise and appropriate the sum of $50.00 for suppression of Tent Caterpillars to be expended under the direction of local 4-H Club leaders.
Article 12. Voted to transfer the sum of $50.00 from the Road Machinery Fund to the Road Machinery Operating Account.
Article 13. Voted to raise and appropriate the sum of $3,225.00 to meet the Town's share of the cost of Chapter 81, Highways, and that in addition, the sum of $9,675.00 be
35
transferred from unappropriated available funds in the Treasury to meet the State's share of the cost of the work, the reimbursement from the State to be restored upon their receipt to unappropriated available funds in the Treasury.
Article 14. Voted to raise and appropriate the sum of $150.00 for free Band Concerts for the ensuing year.
Article 15. Voted to raise and appropriate the sum of $600.00 for care and improvement of the Old Windmill lot.
Article 16. Voted to authorize the Selectmen to lay out, locate anew, and widen to forty feet the Town Road from Massasoit Road to Sunken Meadow and to accept from the abutters whatever land is needed and to raise and appro- priate a sum of money for this purpose. Sum of $200.00 appropriated.
Article 17. Voted to transfer title, possession and control of the Ambulance purchased jointly under the authority of Chapter 348 of the Acts of 1945 by the Towns of Orleans. Brewster, Eastham any and all remaining over and above the purchase price appropriated under Article 17 of the Annual Town Meeting for the year 1947, to a committee of seven citizens consisting of three from Orleans, two from Brewster and two from Eastham, and that such committee be empowered and authorized to form a charitable corpora- tion under the provisions of Chapter 180, to which corpora- tion will be transferred title and possession and control of said ambulance, all to the best interests of said Town.
Article 18. Motion to establish a Police Department un- der Chapter 41, Section 97, General Laws, was lost by a vote of 48 to 18.
Voted to appoint a committee of five to study the matter and report at the next Annual Town Meeting. Committee appointed : Andrew C. Merrill, Otis H. Barton, Herman A. Dill, Emerson B. Wentworth and Richard H. Whitford.
Article 19. Voted to transfer from Available Funds the
36
sum of $1,000.00 for the purchase of land at Nauset Light Beach, Nauset Coast Guard Station, and at the end of Doane Road, for public use.
Article 20. Voted to accept the provisions of Chapter 649, Acts of 1947, G. L., thus adopting a 40-hour week.
Article 21. Voted 32 yes, 56 no on the question of estab- lishing a three-man Park Commission under Chapter 45, Section 1-9, G. L., Tercentenary Edition 1932.
Article 22. Voted to authorize the Moderator to appoint a committee of three to work with the Selectmen, Planning Board and School Committee, for the purpose of reporting at the next Annual Town Meeting with plans and estimates on a gymnasium to be known as World War II Memorial and to be located on the Eastham school site. Committee ap- pointed : Wesley B. Moore, Lloyd A. Mayo, and Richard Nickerson.
Article 23. Voted to accept the by-laws regulating sub- divisions in the Town as proposed by the Planning Board, acting under Chap. 41, Section 81K to 81U, General Laws, inclusive, as inserted by Chapter 340 of the Acts of 1947, with changes as voted at the Annual Town Meeting February 16, 1948.
Article 24. Voted to adopt the by-laws regulating the construction and location of buildings as proposed by the Planning Board under Sections 3, 4, 5 and 7 of Chapter 143 of G. L., with changes as voted by the Town, and to raise and appropriate a sum of money to carry out the provisions, the amount of $100.00 voted for this purpose.
The Moderator announced his appointments to the Finance Committee for three years as follows: Frank B. Lincoln, Eugene S. Zack and Harry S. Young.
Upon motion duly seconded, a rising vote of thanks was given to Ralph A. Chase, the retiring Moderator in apprecia-
37
tion of his services and the manner in which he had con- ducted the meetings. The minutes of the meeting were read and adopted.
Voted to adjourn at 6:15 P. M.
Attest :
LESLIE E. CHASE,
Town Clerk
ANNUAL ELECTION FEBRUARY 17, 1948
Polls opened at 12:00 o'clock noon.
Elected : Luther P. Smith, Selectman, Assessor, Board of Welfare and Health for three years.
Leslie E. Chase, Treasurer, Collector, Town Clerk for three years.
Elmer Lloyd, Tree Warden for one year.
Harvey T. Moore, Constable for one year.
Katherine Moore, School Committee for three years.
Bertha Dill, Trustee of Eastham Public Library for three years.
Nathan A. Nickerson, Sr., Highway Surveyor for one year.
Robert Deschamps, Planning Board member for five years.
LESLIE E. CHASE,
Town Clerk
SELECTMEN'S APPOINTMENTS
February 1948
Harry W. Collins
Pound Keeper
Herbert D. Nickerson
Burial Agent
Sealer Weights and Measures
Stanley M. Walker Maurice W. Wiley Horace Moore
Chief of Police
Policeman
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Winfred J. Knowles Leslie E. Chase Alfred O. Stowell George Berrio
Policeman Policeman
Policeman
Special Police Officer
Robert Deschamps
Special Police Officer
George F. Crocker
Sanitary Inspector
Ernest C. Eldredge
Assistant Sanitary Inspector
Maurice A. Moore
Inspector of Wiring
Frank Fuller
Inspector of Wiring
Ralph A. Chase
Supervisor Veterans' Lots
Adin L. Gill
Field Driver
Nathan A. Clark
Field Driver
Horace Moore
Field Driver
Nathan A. Nickerson, Sr.
Fire Chief, Forest Warden
Harris H. Etter
Building Inspector
Walter F. Nickerson
Dog Officer
Elmer W. Lloyd
Moth Superintendent
L. Isabelle Brackett
Office Clerk
Antone P. Escobar, Sr. Howard L. Anderson
Town Dump Superintendent Shellfish Constable
Ralph A. Chase
Veterans' Agent
Dr. Fred L. Moore
Special Health Agent
Dorrice Mayo
Social Worker
William B. Miller
Public Weigher
Eastham, Mass. Bridge Road
Leslie E. Chase Town Clerk Eastham, Mass.
Dear Sir :
I wish to inform you that on the evening of March 16, 1948, the newly constituted Eastham Finance Committee held its initial meeting for the purpose of electing a Chair- man and Secretary for the ensuing year.
At this meeting Richard C. Nickerson was re-elected to this office.
Very truly yours,
RICHARD C. NICKERSON
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Copy of letter from Otis H. Barton.
Eastham, Mass. Feb. 28, 1948.
Mr. Leslie E. Chase Town Clerk Eastham, Mass. Dear Sir :
In reference to your letter of February 25, in regards to appointment, I regretfully decline such.
Thanking you for same, I remain,
Sincerely yours,
OTIS H. BARTON
SPECIAL TOWN MEETING WARRANT The Commonwealth of Massachusetts
Barnstable, ss.
To Harvey T. Moore, Constable of the Town of Eastham, in the County of Barnstable: In the name of the Common- wealth of Massachusetts, you are hereby directed to warn and notify the inhabitants of the Town, qualified to vote in elections and Town affairs, to meet at the Town Hall in said Eastham on Monday the 29th day of November next at 8:30 in the evening then and there to act on the following articles in the Warrant :
Article 1. To see if the Town will vote to transfer from available funds in the Treasury, sums of money to the fol- lowing accounts :
Treasurer, Collector, Clerk Expense
Town. Hall Police Town Dump Fire Department Public Welfare
40
Town Landings
Miscellaneous
Snow
Article 2. To see if the Town will vote to transfer from available funds in the Treasury a sum of money for the pur- chase of land that adjoins the Old Coast Guard site at Nauset Beach, for bathing beach purposes or take any action rela- tive thereto.
Article 3. To see if the Town will vote to accept from the Volunteer Firemen's Association the gift of a piece of fire fighting equipment or take any action relative thereto.
Article 4. To see if the Town will vote to transfer from available funds in the Treasury, a sum of money for the pur- pose of enlarging the fire station (so called) or take any action relative thereto.
Article 5. To see if the Town will vote to authorize the Selectmen to deed to the abutters, land, between their land and the new layout of Sunken Meadow North Road (so called), or take any action relative thereto.
And you are directed to serve this warrant by posting attested copies thereof, at the Packing House of Bernard C. Collins, South Eastham, at the Post Office in North Eastham, and the Post Office in Eastham, seven days before time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of meeting as aforesaid. Given under our hands and seals this 19th day of November in the year of our Lord, One Thousand Nine Hundred and Forty-eight.
MAURICE W. WILEY,
GEORGE HOWARD, Board of Selectmen
SPECIAL TOWN MEETING November 29, 1948
Pursuant to the foregoing warrant, the qualified voters met in the Town Hall, the Warrant calling the meeting being
41
read by the Town Clerk, together with the return of the officer who served the same. James Johnston, Jr., and How- ard L. Anderson were appointed tellers and sworn by the Clerk.
Article 1. Voted to transfer from available funds in the Treasury the following sums of money to the following accounts :
Town Hall
$300.00
Treasurer, Collector, Town Clerk, Expense
90.00
Police
50.00
Fire Department
800.00
Town Landings
20.00
Public Welfare
450.00
Town Dump
200.00
Miscellaneous
200.00
Snow
350.00
Article 2. Voted to transfer from available funds in the Treasury the sum of $150.00 for the purpose of acquiring land adjoining the site of the Old Coast Guard Station for bathing beach purposes. Unanimous vote.
Article 3. Voted to accept as a gift from the Volunteer Fireman's Association a piece of fire fighting apparatus. Unanimous vote.
Article 4. No action taken.
Article 5. Voted to authorize the Selectmen to deed to the abutters land between their land and the Sunken Meadow North Road, so called. Abutters are Arthur L. Sparrow, Elnathan E. Eldredge and Lysander S. Kemp.
Minutes of meeting read and approved.
Voted to adjourn at 9:45 P. M.
LESLIE E. CHASE,
Town Clerk
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April 30, 1948
Mr. Leslie E. Chase Town Clerk Eastham, Mass.
Dear Sir :
The purported by-law adopted under Article 23 of your Town Meeting held on February 16, 1948, is returned herewith disapproved by the Attorney General.
Chapter 41, Section 81 L provides that the Planning Board shall adopt rules and regulations governing the submission and approval of plats. I have not found in the statute any provision that a town, by by-law shall make rules governing such submission. Hence, unless your Town Counsel will provide other authority, I am of the opinion that the rules contained in the present by-law so-called, are within the province of the rule making power in the Planning Board.
In Section 81 R there is a requirement that a Town by-law provide for a Board of Appeals and there seems to be no provision for such Board in your present action. Very truly yours, ROLAND H. PARKER Assistant Attorney General
April 30, 1948
Mr. Leslie E. Chase
Eastham, Mass.
Dear Sir :
There is returned herewith the building by-law enacted by your Town Meeting on February 16 ,1948, under Article 24 with the action of the Attorney General noted thereon. Section I.
Article 8-the reference to Section 13 of chapter 143 is stricken since the section number appears to be incorrect.
Section II.
Articles 2, 3, 4, 5, 6, a portion of article 8, article 9, article 10 are disapproved.
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The Legislature has preempted legislation in the licen- sing of tourist camps by Chap. 140, Sections 32 A and 32 B, giving jurisdiction to the local Board of Health and to the State Department of Public Health as to all sanitary dis- posal and water supply. The town may not legislate in this field or require licensing other than in accordance with the statute.
Very truly yours, ROLAND H. PARKER Assistant Attorney General
By-Law Regulating the Construction, Reconstruction and Location of Buildings Within the Town of Eastham
SECTION I.
Article 1. DEFINITION
In this by-law the following terms, unless a contrary meaning is required by the context or is specifically pre- scribed, shall have the following meanings :
A. Building Lines :
The exterior walls of a building at or above the ground, including bay windows, porches, piazzas and similar pro- jections. Uncovered steps and projecting eaves shall not be construed as being within this definition.
B. Lot Lines :
The lines defining or limiting leaseholds or ownership of land.
C. Reconstructed or Reconstruction :
The removal of any building to a new foundation, or the renewal of any structure damaged by fire or other casualty as follows :
(1) Wood frame buildings-damage to the frame.
(2) Masonry buildings-damage to the walls or roof.
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(3) In all cases, damage to the foundation or interior supports.
The Building Inspector shall be the authority to de- termine whether any building has suffered damage in the manner described.
D. Altered or Alteration :
(1) The rebuilding or change in a structure to pro- vide for a complete or partial change in the use to which it may be put.
(2) The rebuilding or change of any nature in struc- tures of every kind, which exceeds 20 percent of the assessed value and which is not in the nature of ordinary repair and maintenance.
E. Addition :
The addition to a structure by which its floor area is increased.
F. First-Class Construction :
Walls of fireproof construction, and floors (except finish floors), roofs, and partitions entirely of incombustible material with no exposed structural steel.
G. Second-Class Construction :
Exterior walls of incombustible material, not less than eight inches thick, and roof covered with incombustible material.
H. Third-Class Construction :
All other kinds of construction not First or Second- Class.
Article 2. APPOINTMENT OF BUILDING INSPECTOR
The Board of Selectmen annually in March shall ap- point an Inspector of Buildings to hold office for the term of one year from the first of April following and until his successor is appointed and qualified.
The person appointed and qualified to act as Inspector of Buildings shall receive such salary or compensation as shall be fixed by the Board of Selectmen, within the appro- priation for the Inspection of Buildings, and no other fees
45
or compensation shall be allowed or paid to him. He shall have no pecuniary interest, direct or indirect, in the making of plans or specifications or in the supplying of materials or labor for any building or structure in this town other than his own. He shall be under the supervision of the Board of Selectmen, and shall be subject to such rules and regulations as that Board may prescribe. He shall submit annual reports of the work of his office for publication in the Town Report.
The Inspector of Buildings shall make inspection of all building operations within this town, and he may, for this purpose, enter upon the premises where such operations are carried on at all reasonable times and shall report to the Board of Selectmen all violations of this by-law or of the conditions of any permit issued.
Article 3. PERMIT REQUIRED
Except as otherwise expressly provided herein, or by statute, or the Town By-Laws, no building or structure shall be erected, altered, reconstructed, or added to without a permit from the Building Inspector first having been ob- tained for such erection, alteration, reconstruction or addi- tion. For the erection of Buildings for mercantile, business or industrial purposes or for dwelling purposes to accom- modate more than two family units, plans and specifica- tions together with such structural detail as may be re- quired, shall be submitted to the Inspector of Buildings for his approval, and as a condition for the issuance of a per- mit. The Building Inspector shall withhold a permit if the proposed work is in violation of law or of this or any other by-law of the Town; otherwise, he shall grant the permit.
Article 4 .. NO PERMIT REQUIRED
No permit shall be required for the construction of a building or other structure which is less than 150 square feet in area and less than eight feet in height at the eaves if it is not intended to be used for dwelling purposes and
46
is proposed to be located more than 100 feet from a public way. No permit shall be required for repairs occasioned by ordinary wear and deterioration.
The provisions of this by-law shall not apply to build- ings or structures erected or owned by the United States or the Commonwealth of Massachusetts, or to bridges, quays and wharves.
Article 5. APPLICATION FOR PERMIT
Application for a permit to erect, construct, recon- struct, alter or add to a structure shall be on forms pro- vided. Applications shall be required to give such informa- tion regarding the proposed work as the Board of Select- men may prescribe.
Article 6. FEE
The fee to be paid with each application for a permit shall be computed at the rate of fifty cents for each five hundred dollars of cost of the work for which application is made, but the minimum fee shall be one dollar.
Article 7. NOTICE OF PERMIT
Public notice of a permit granted shall be made by posting in a conspicuous place on the premises of a suitable placard, giving the name of the owner, the signature of the Board of Selectmen, and such other information as the Board of Selectmen may deem proper.
Article 8. APPROVAL BY DEPARTMENT OF PUBLIC SAFETY
The Inspector of Buildings shall grant no permit for the erection, reconstruction, or alteration of a building or structure designed or proposed to be used in whole or in part as a public building, as defined in Chapter 143, Sec- tion 1 of the General Laws, or as a factory, workshop, mercantile or other establishment, and to have accommo- dations or use for ten or more employees, or for a structure more than two stories high designed to be used above the second story as an office building, dormitory, hotel, family
47
hotel apartment house, boarding house, lodging house, or tenement house, and having eight or more rooms above said second story, until the owner or his agent has been granted a certificate of approval by the Supervisor of Plans of the Department of Public Safety in accordance with the re- quirements of (Chapter 143, Section 13) of the General Laws.
The granting of such certificate of approval shall not relieve the owner of the proposed structure from all other applicable parts of this by-law.
Article 9. APPEAL
Any person aggrieved by the refusal of the Inspector of Buildings to grant a permit may, within seven days after such refusal, appeal to the Board of Selectmen, who, after hearing, with seven days notice of the same having been given by advertising in a newspaper of local circulation, may affirm, modify, or reverse the decision of the Inspector and may issue the permit or direct it to be issued by the Inspector in accordance with their decision.
Article 10. LINES AND GRADES OF PUBLIC WAY
No person shall erect any foundation, building or wall, or make any alteration in the external wall of any structure, any part of which is to be placed within ten feet of a public way or place dedicated to the public use before making ap- plication to the Board of Selectmen for the location of the lines and grades of such public way or place dedicated to public use.
Article 11. BUILDING LINES
The building lines of structures for human habitation of third class construction shall not be nearer to the nearest boundary of any public way than 30 feet, nor nearer to the interior side and rear lot lines than 25 feet ; and if on land of single ownership, they shall not be nearer to each other than 25 feet. The building lines of structures which are nec- essary to wood framed structures for human habitation shall
48
not be nearer to side and rear lot lines than 12 feet, or nearer to the nearest boundary of any public way than 30 feet.
The building lines of all other types of buildings or structures of third class construction, shall not be nearer to side and rear lot lines than 12 feet.
If the Board of Selectmen find that adjacent buildings for a reasonable distance on either side of the property on which the applicant proposed to build conform to some substantially common front line, the Selectmen may require the applicant also to conform thereto, regardless of the class of construction and use of the proposed structure.
Article 12. CHIMNEYS
No chimney shall be constructed without Fire Clay flue linings continuous from bottom to top in all flues, except that structures solely for commercial or for industrial pur- poses may have approved steel stacks or masonry chimneys with fire brick linings.
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 parti- tion or the smoke pipe or flue to be eight inches from any woodwork.
Article 13. FIRE PREVENTION
Buildings of second or third class construction erected as blocks and subdivided for store or similar purposes ; partitions or walls in the first story separating one store or similar portion from another shall be constructed either of fireproof material or of wood studs nogged the full height and thickness of the partition with fireproof material and dividing walls in the basement shall be entirely of fireproof material. All openings in such walls or partitions in both the basement and first story shall be glazed with wire glass in metal frames or have self-closing fireproof doors in metal frames.
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