USA > Massachusetts > Essex County > Hamilton > Town of Hamilton Annual Report 1959 > Part 2
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Moved by Dr. Moses and duly seconded : "That the Board of Assessors be authorized to use available funds or 'free cash' in an amount not to exceed the sum of $30,000 in determining the tax rate for the year 1959."
Voice vote. Motion unanimously carried.
Article 18. Moderator : "To see if the Town will vote to accept as a public town way an extension of Postgate Road as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk, or take any other action thereon or relative thereto."
Moved by Mr. William Mackenzie and duly seconded : "That the Town accept as a public Town Way an extension of Postgate Road as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled 'Plan for Acceptance of Postgate Road, Hamil- ton, Mass., Feb. 1959, Kenneth W. Richardson, Mass. Reg. Land Sur- veyor. ' "'
Voice vote. Motion unanimously carried.
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Article 19. Moderator : "To see if the Town will vote to accept as a public town way an extension of Chebacco Road from the terminus of the existing town way to the Manchester line as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk or take any other action thereon or relative thereto."
Moved by Mr. Lawrence Stone and duly seconded : "That the Town accept as a public Town Way an extension of Chebacco Road as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled 'Acceptance Plan of Chebacco Road Extension, Hamilton, Massachusetts, February 5, 1959, Chas. H. Morse & Son, Engrs.' "' ,",
Voice vote. Motion unanimously carried.
Article 20. Moderator: "To see if the Town will vote to accept Hatfield Road as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk, or take any other action thereon or relative thereto."
Moved by Mr. Lawrence Lamson and duly seconded : "That the Town accept as a public Town Way Hatfield Road as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled 'Plan of Hatfield Road for Acceptance, Dec. 1947, Chas. H. Morse, Engineer.' "
Voice vote. Motion unanimously carried.
Article 21. Moderator : "To see if the Town will vote to discon- tinue the town way known as Dodge Street, leading off Highland Street, and authorize the Selectmen to release any interest the Town may have in said way, or take any other action thercon or relative thereto."
Moved by Mr. William Mackenzie and duly seconded: "That the Town discontinue the way known as Dodge Street so-called, and author- ize the Board of Selectmen to release any interest the Town may have in said way."
Moderator : As this is really abandonment of property it requires a 2/3 vote."
Voice vote. Motion unanimously carried.
Article 22. Moderator : "To see if the Town will vote to change Section IV, Paragraph (5) of the Protective By-Law to read as fol- lows : ' (5) Educational, municipal, or municipal recreational building and uses.', or take any other action thereon or relative thereto."
The Chairman of the Planning Board has requested permission to read a report recently taken by his board and the chair will grant that permission."
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Moved by Mr. George C. Cutler Jr. and duly seconded : "That the Protective By-Law of the Town be amended by striking out Paragraph (5) of Section IV and inserting in place thereof the following: '(5) Educational, municipal, or municipal recreational buildings and uses.' "
"This is a report on the public hearing held by the Board on February 20, 1959 regarding four proposed amendments to the existing protective by-laws which protects the citizens of the Town of Hamilton and it reads 'At a public hearing on Friday, February 20, 1959 the Hamilton Planning Board considered amendment to Section 4, Section 5, Section 6 of the Protective By-Laws and the zoning matter.' As a result of this hearing the Hamilton Planning Board makes the following recom- mendation. 1. The adoption of the change to Section 4, paragraph 5. The purpose of this amendment is to make clear that a municipal use such as a library, a Fire or Police Station, Pumping Station or well is per- missible in a residential district. 2. The indefinite proposal of the change of Section 5 defines the same set back and heighth limitations in a busi- ness district as in a residential district. The reason for this indefinite postponement is to give the matter of set back requirements in the business district further study. 3. The indefinite proposal of the change of Section 6, sub-paragraph 4 providing that no building shall be within 20' of any other building or accessory building. This change would be desirable because of the close proximity of dwellings in certain parts of the town but the Board recommends that further study be given because of the difficulty of applying this provision equitably. Further- more, Section 6 presently contains the provision that no building shall be within 10' of the lot line and that only one residence dwelling may be on a lot in a residence district. 4. The indefinite postponement of the area change on the southerly side of Essex Street between Woodbury Street and Chebacco Road to a depth of 200' from residence district B 40,000 square feet to residence District A 20,000 square feet. This came and was originated by a citizen of the Town living in the proposed area and the purpose of the change was so that the citizens proposing chang- ing it could build two dwellings on a lot approximately 41,000 square feet upon which only one dwelling can now stand. In the opinion of the Board, if changes of this nature are made, the entire existence of the zoning is jeopardized."
Voice vote. Motion unanimously carried.
Article 23. Moderator: "To see if the Town will vote to change Section V of the Protective By-Law by inserting two sentences at the beginning of Section V to read as follows: 'No building in a business district shall be within twenty (20) feet of the street line. The height limitations of Section VI, Paragraph 3, applicable to a residence district shall also apply in a business district,' or take any other action thereon or relative thereto."
Moved by Mr. George C. Cutler Jr. and duly seconded : "That the
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Protective By-Law of the Town be amended by inserting the following at the beginning of Section V. 'No building in a business district shall be within twenty feet of the street line. The height limitations of Sec- tion VI, Paragraph 3, applicable to a residence district shall also apply to a business district.' " Discussion by Dr. Albert R. Larchez, Mr. George C. Cutler, Jr., Mr. George G. Beckett and others.
Mr. George C. Cutler, Jr .: "There seems to be some confusion. The Planning Board has recommended this motion be indefinitely postponed. We haven't recommended the adoption of this motion. Because of the hearing at which objections such as the one you have just heard, was brought up we have made this recommendation of postponement. The reason that we considered this amendment in the first place was because we have been conscious and I think many of the citizens of the town have been conscious of situations in certain parts of the town particularly Railroad Avenue and Bay Road where cars are parked on both sides of the street which leaves a very narrow passage and what we hope to prevent is congestion. One of the ways we think this may be met is by providing for a building set back in some parts of the industrial areas or all industrial areas of the town. Now we realize that this proposed amendment may be hard on some of the property owners in the industrial area and they vocalize their feelings very strongly and it is because of their feelings that we now suggest that this by-law be indefinitely post- poned."
Moderator : "Is there any further discussion? Motion made and seconded that this article be postponed indefinitely. Now this is a debatable motion. Are there any questions ?
Dr. Albert Larchez: "I make an amendment to the motion that this issue if it is to be brought before the voters be brought only at the Annual Town Assembly or Town Meeting and not at a special town meeting."
The Moderator repeated the amendment inserting "this will only be taken up at an Annual Town Meeting."
Voice vote. Amendment carried.
Motion as amended to postpone this article carried.
Article 24. Moderator: "To see if the Town will vote to amend the Protective By-Law by adding a new sentence at the end of Para- graph 4 of Section VI to read as follows: 'No building or its accessory building shall be within twenty (20) feet of any other building or its accessory building,' or take any other action thereon or relative thereto."
Mr. George C. Cutler, Jr. : "I would like to make a motion that this article also be indefinitely postponed and to satisfy anybody who thinks
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the Planning Board is trying to get something through at a Special Town Meeting I would like to make a motion this article be indefinitely postponed to an Annual Town Meeting."
Voice vote. Motion unanimously carried.
Article 25. Moderator : "To see if the Town will vote to amend the Protective By-Law by changing the area on the southerly side of Essex Street between Woodbury Street and Chebacco Road to a depth of two hundred (200) feet from Residence District B to Residence District A as shown on 'Zoning Map, Hamilton, Massachusetts' filed with the Town Clerk, or take any other action thereon or relative thereto."
Moved by Mr. O'Hara and duly seconded: "That the Protective By-Law of the Town be amended by changing the area on the southerly side of Essex Street between Woodbury Street and Chebacco Road to a depth of 200 feet from Residence District B to Residence District A as shown on 'Zoning Map, Hamilton, Massachusetts' filed with the Town Clerk."
Moderator : "This will require a 2/3 vote."
Standing vote. 116 opposed. 155 in favor. Motion defeated.
Article 26. Moderator : "In view of the fact it is getting late I will pass this on to Mr. Lamson to make the motion."
Moved by Mr. Lawrence Lamson and duly seconded : "That the Electrical By-law of the Town be amended by striking out Article 5 and 6 and inserting in place thereof the following :
Article 5. - Fees
The following Fees shall be collected before an electrical permit is issued : New Construction :
Residential Home (New) (up to 75 outlets) $5.00
For each twenty-five additional outlets .25
New Service ... 2.00
Temporary Service
1.00
Additions or Alterations :
Up to 25 outlets 1.00
Each 25 additional outlets or fractional part thereof in excess of 25 1.00
25
Motors :
For each motor installed up to and including one horse- power .50
For each additional horsepower in excess of the one horsepower .25
Heating Devices :
For first 2,000 watts or less .50
For each additional 5,000 watts or fractional part .50
Commercial Building :
For each $1,000 Valuation of Building .50
Minimum Charge 3.00
Permits for any Electrical Installation or Equipment for which no fee is herein prescribed, a minimum charge 2.00
Article 6. - Penalties
A. Whoever wilfully violates any of the provisions of this Electrical By-Law shall be subject to a fine not exceeding $50.00 for each violation.
B. An additional charge of $1.00 will be made by this Department and must be paid by the applicant doing the work for each additional inspection resulting, in the opinion of the Electrical Inspector, from defective work completed in whole or in part by the use of improper or unworkmanlike installations or in- completion of work."
From the Floor: "I would like to ask for a quorum."
The counters counted and decided that there were 217 voters present at that time.
Voice vote. Motion unanimously carried.
Article 27. Moderator : "I would like to turn this over to Mr. Mac- Kenzie who will make the motion."
Moved by Mr. William Mackenzie and duly seconded : "That the Building By-Law of the Town be amended in the following respects :
(A) By striking out the last sentence of Section 5 of Article 1 and inserting in place thereof the following: 'He shall inspect all building operations within the town and shall have the right of entry at reasonable hours.'
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(B) By adding a new Section 7 of Article 1, as follows : 'The Build- ing Inspector, officer, or employee charged with the enforcement of this by-law shall not be personally liable while acting for the Municipality, and he is hereby relieved from all personal liability for any damage that may accrue to persons or prop- erty as a result of any act required or permitted in the dis- charge of his official duties.'
(C) By striking out Section 1 of Article 2 and inserting in place thereof the following : 'Application for a permit shall be made to the Building Inspector for the construction or alteration of a structure, building, or part thereof, before any work shall be commenced thereon.'
(D) By striking out Section 6 (b) of Article 5 and inserting in place thereof the following: 'Unreinforced concrete masonry walls shall have a minimum of 28 day strength of 2000 pounds per square inch ; shall have a minimum thickness of ten inches (10") for walls up to eight feet in height. For greater height and special cases see Section 4 and 5 of Article 11.'
(E) By striking out Section 6 (c) of Article 5 and inserting in place thereof the following: 'Present concrete blocks shall be twelve inch minimum thickness from the footing to within eighteen inches of the finished grade, and a minimum thickness of eight inches above, and shall conform to requirements as stated in Section 4 of Article 11.'
(F) By changing the first word in Section 1 of Article 7 from 'Woodwork' to 'Woodframing.'
(G) By striking out Section 2 of Article 15 and inserting in place thereof the following :
'2. Alteration or addition For operation costing up to $3,000 $3.00
For each $1,000 of cost above the first $3,000 (Not to exceed $10,000) 1.00'
(H) By adding a new Section 4 of Article 15 as follows :
'Any building not covered by the above :
For operation costing up to $1,000 $3.00
For each cost of $1,000 above the first $1,000 1.00' "'
As a voice vote was doubted by seven voters a standing vote was taken which showed :
117 in favor 25 against
Motion carried.
Article 28. Moderator : "To see if the Town will vote to amend the Town By-Laws by adding a new section to Chapter 2, as follows : 'Sec- tion 9. Whenever an Article in the Warrant for an annual or special
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town meeting, except the article for general appropriations for the annual town expenses, calls for an appropriation in excess of $30,000, the vote upon said article shall be by secret ballot,' or take any other action thereon or relative thereto."
Moved by Mr. Lawrence Stone and duly seconded : "That the Town By-laws be amended by adding a new section to Chapter 2, as follows : 'Section 9. Whenever an Article in the Warrant for an annual or spe- cial town meeting, except the article for general appropriations for the annual town expenses, calls for an appropriation in excess of $30,000, the vote upon said Article shall be by secret ballot.' "
Voice vote. Motion defeated.
Article 29. Moderator : "To see if the Town will vote to amend the Town By-Laws by adding a new section to Chapter X, as follows : 'Sec- tion 7. No person shall fire or discharge any firearm or explosives of any kind within the limits of any highway, park, or other public property, except with the written permission of the Board of Selectmen, or hunt or fire or discharge any firearm on any private property except with the written permission of the owner or legal occupant thereof; provided, however, that this by-law shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties. Any person violating this by-law shall be punished by a fine of not more than twenty dollars for each offense,' or take any other action thereon or relative thereto."
Moved by Mr. Thomas F. Moseley and duly seconded: "That the Town By-laws be amended by adding a new section to Chapter X, as follows: 'Section 7. No person shall fire or discharge any firearm or explosive of any kind within the limits of any highway, park, or other public property, except with the written permission of the Board of Selectmen, or hunt or discharge any firearm on any private property except with the written permission of the owner or legal occupant there- of; provided, however, that this by-law shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties. Any person violating this by-law shall be punished by a fine of not more than twenty dollars for each offense."
Discussion by Mr. Thomas Moseley, Mr. Norman Vaughan, Mr. Albert Lougee and others.
Standing vote. 86 in favor. 77 against. Motion carried.
Article 30. Moderator: "To see if the Town will vote to name the corner at the intersection of Cutler Road and Highland Street 'Nancy's Corner,' or take any other action thereon or relative thereto."
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Moved by Mr. Lawrence Lamson and duly seconded : "That the Town name the corner at the intersection of Cutler Road and Highland Street 'Nancy's Corner.' "'
Voice vote. Motion unanimously carried.
Article 31. Moderator : "To see if the Town will vote that the official name of that part of Village Lane formerly called Lakeview Avenue and accepted by the Town as a public way at the annual town meeting for 1957 shall be Beech Road, or take any other action thereon or relative thereto."
Moved by Mr. Lawrence Stone and duly seconded : "That the town name that part of Village Lane formerly called Lakeview Avenue and accepted by the Town as a public Town Way at the annual town meet- ing for 1957, Beech Street."
Voice vote. Motion unanimously carried.
Article 32. Moderator: "To see if the Town will vote to authorize the Town Treasurer, with approval of the Selectmen, to borrow money from time to time in anticipation of revenue of the financial year be- ginning January 1, 1960 and to issue a note or notes therefor payable within one year, in accordance with Section 17, Chapter 44, General Laws and amendments thereto, or take any other action thereon or relative thereto."
Moved by Mr. Everett Haley and duly seconded : "That the Town authorize the Town Treasurer, with approval of the Selectmen, to bor- row money from time to time, in anticipation of revenue of the financial year beginning January 1, 1960, and to issue a note or notes therefor payable within one year, in accordance with Section 17, Chapter 44, General Laws and Amendments thereto."
Voice vote. Motion unanimously carried.
Article 33. Moderator: "To see if the Town will vote to authorize the Collector to use all means of collecting taxes which a Town Treasurer, when appointed Collector, may use agreeable to Chapter 41, Section 37. General Laws and amendments thereto, or take any other action thereon or relative thereto."
Moved by Mr. William Mackenzie and duly seconded : "That the Town authorize the Collector to use all means of collecting taxes which a Town Treasurer, when appointed Collector, may use agreeable to Chap- ter 41, Section 37, General Laws and Amendments thereto."
Voice vote. Motion unanimously carried.
Article 34. Moderator : "To act on any other matter that may legally come before said meeting."
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"As you all know this is your Moderator singing his swan song and I just want to take this opportunity of expressing my thanks to those who have been so loyal to me over the years, practically 30 years. It has been a pleasure. There have been trying moments the same as every- thing else but I feel that at least I have been able to participate in a small manner and carry on this beautiful town of ours. The offices are dedicated and we have a strong form of government and by the appear- ance and actions of the newcomer I have every reason to believe the same will continue. It has been a great pleasure to work with a great many people and it is very dangerous to designate names but I can't help re- calling Mr. Wolcott who gave me a chance 30 years ago to be a member of the Finance Committee and the help of Johnny Lamson, the father of our Chairman of Selectmen, who have been so good to me. To the Town Counsel who has dedicated himself to do for others and the Good Lord is right when he says it is more blessed to give than receive. To our 'Mr. Hamilton' on our right I can say I'm very happy and he will be the one I will miss. I cherish the town and hope to look forward to see a great deal of progress. Thank you very much."
Mr. Lawrence Lamson : "I know we all know just what you mean. It's going to be a loss that will be hard to fill. I ask that this meeting recognize the services of John H. Perkins in his retirement as Moderator by giving an ovation."
Moderator : "Thank you very much. A motion to adjourn is in order until next Tuesday at 8:00 o'clock at the High School where we hope to see you once again."
Meeting adjourned at 11:10 P.M.
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Vote on Article 1. March 10, 1959.
Polls were opened at 8:00 a.m. by the Moderator, John H. Perkins. There were 1375 votes cast under Article 1.
Men 697 Voted in Person 1349
Women 678 Absentee Votes 26
1375
1375
MODERATOR - for one year
Perkins, Paul F., Jr. 774 Johnson, Richard W. 190
D'Arcy, James F.
396 Blanks 15
TOWN CLERK - for one year
Whipple, Francis H. 1238 Blanks 137
SELECTMEN - three for one year
Lamson, Lawrence 1074 Stone, Lawrence R. 1068
Mackenzie, William F.
1069 Blanks 914
TREASURER - for one year
Haley, Everett F. 1192 Blanks 182
Sellman, Walfred B.
1
TAX COLLECTOR - for one year
Crowell, Bertha L. 1213 Blanks 162
ASSESSOR - for three years
Chittick, Robert H. 1182 Blanks 193
TREE WARDEN - for one year
Haraden, Rudolph H. 1171 Blanks 204
HIGHWAY SURVEYOR - for one year
Poole, Charles F.
1095
Blanks 27
Thompson, Gordon L. 253
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SCHOOL COMMITTEE - two for three years
Caldwell, Frederick J. 1094 Blanks 617
Miller, Donald Lang 1039
TRUSTEE PUBLIC LIBRARY - for three years Trussell, Sarah H. 1162 Blanks ....... 213
WATER COMMISSIONER - for three years
Harrigan, George A. 1152 Blanks 223
CEMETERY COMMISSIONER - for three years
Tucker, Paul S. ..... 1150 Blanks ............ 225
PARK COMMISSIONER - for three years
Sanford, Ray M.
1159 Blanks 215
Dodge, Charles H. 1
PLANNING BOARD - for five years
Gourdeau, Henry J. 1130 Blanks 245
QUESTION NO. 1
Shall the town vote to accept the provisions of section six C of chap- ter forty of the General Law, which authorize cities and towns to appro- priate money for the removal of snow and ice from private ways therein open to public use ?
Yes
737
No
411
Blanks
227
The polls were closed at 8:00 p.m. and the Moderator announced the results of the voting and declared the meeting adjourned at 9:15 p.m.
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REPORT OF THE SPECIAL TOWN MEETING Held in the High School Auditorium, June 9, 1959
A count of the voters present showed a quorum to be present and Moderator Paul F. Perkins, Jr., opened the meeting at fifteen minutes past eight (8:15) in the evening.
Reverend James R. Whittemore offered the invocation.
Moderator : "I will summarize briefly the four articles appearing in the Warrant :
Article 1 is to see if the Town will accept the provisions of Law providing for the establishment of a regional school district with Wen- ham and the construction, maintenance and operation of a regional school by the district in accordance with the provisions of a proposed agreement filed with the Selectmen. The vote under this Article must be by printed ballot.
While the ballots cast under Article 1 are being counted, we may proceed to consider and act upon Article 2 if the meeting decides to do so by a two-thirds vote.
Article 2 is to see if the Town will withdraw from membership in the Essex County Mosquito Control Project.
Article 3 is to see if the Town will authorize the Selectmen to acquire land with buildings thereon on the easterly side of Bay Road in the South Hamilton Depot Square, formerly owned by Boston and Maine Railroad, and to appropriate a sum of money therefor. This will require a two-thirds vote for passage.
Article 4 is to see if the Town will appropriate a sum of money to the Regional School District as a payment toward the Town's share of the initial budget of the District. This will also require a two-thirds vote, but will be acted upon only if both Towns vote to accept the provisions of law providing for the establishment of the regional school district."
Article 1. Moderator : "The first business of the evening is Article 1: 'To see if the Town will vote to accept the provisions of Section 16 to 16I inclusive of Chapter 71 of the General Laws and amendments thereto providing for the establishment of a regional school district, to- gether with the town of Wenham, and the construction, maintenance and operation of a regional school by the said district in accordance with the provisions of a proposed agreement filed with the Selectmen, or take any action thereon or in connection therewith; said vote to be by printed ballot."
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