USA > Massachusetts > Plymouth County > Norwell > Town of Norwell annual report 1960-1969 > Part 19
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1. Buildings belonging to the United States or to the Common- wealth of Mass.
2. Bridges, Quays and Wharves.
3. Buildings less than eight feet in length or breadth and seven feet in height.
4. Temporary structures erected for storage or for offices during construction operations, provided said structures shall be re- moved at completion of such operations.
5. One story farm or utility buildings not used for human occu-
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pancy and situated not less than fifty ( 50) feet from any other building.
6. Ordinary repairs and alterations of buildings, not involving structural safety."
II. Under Section 2. BUILDING OFFICIAL. Delete on Page 4 of the Transcript, Line 12, as follows: "As defined by" and insert in place thereof the following: "Such as those incorporated in."
3. Under Section 4. APPLICATION FOR PERMITS. Delete on Page 4 of the Transcript, Paragraph 5, as follows: " In existing build- ings, minor repairs may be made without filing an application or obtaining a permit. "
4. Section 10. ELECTRICAL INSTALLATIONS. Add the following sentence to Paragraph A. Electrical Permit, immediately following the words "as amended": "All applications for a permit under this section shall be accompanied by fees as established by the Board of Selectmen." Strike out Paragraph 3, Page 6 of the Transcript, which reads "All applications for a permit under this section shall be accompanied by fees as established by the Board of Selectmen. "
5. Section 10. ELECTRICAL INSTALLATIONS. On Page 6, under Paragraph D. Inspector of Wires, line 7, strike out the word " Town" and insert in place thereof the word " Selectmen. "
6. On Page 6 of the Transcript add as a heading "Section 11. - Penalty for Violations." immediately following Paragraph D. Inspec- tor of Wire ( New Section 11 will encompass paragraphs 3 and 4 on Page 6. )
7. On Page o of the transcript, add Section 12-APPEALS
A. The Board of Appeals established under the Zoning By- Laws shall be the Board of Appeals for the Building By-Laws. No member of the Board of Appeals shall act in any case in which he is financially interested. Every decision of the Board of Appeals shall be in writing and shall require the assent of at least two members.
B. Any applicant for a permit whose application has been re- fused by the Inspector or any person dissatisfied with the decision of the Inspector on any matter left by these By-Laws to his approval or discretion may appeal therefrom to the Board of Appeals within 10 days from the date of said refusal or decision. If the refusal or decision of the Inspector is affirmed, the ruling shall be final. If the action of the Inspector is modified or annulled, the Inspector
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shall issue a permit or decision in accordance with the decision of the Board of Appeals.
C. The Board of Appeals shall grant a hearing on each appeal of which all persons interested shall have notice.
D. Upon a petition filed by any person, the Board of Appeals may by unanimous decision suspend or vary the application of pro- visions of these By-Laws in specific cases which appear to them not to have been contemplated by these By-Laws, or in cases where manifest injustice is done provided the decision shall not conflict with the spirit of these By-Laws.
E. The decision shall specify the variations allowed and the reason therefor.
F. The Board of Appeals shall grant a hearing on every ap- plication for variance or suspension of which all persons interested shall have notice."
9. Following Section 12. APPEALS. Insert the heading " Section 13. LEGALITY AND ENFORCEMENT, which will refer to the last paragraph in the Building Code."
Mrs. Reeser moved that Article 3 be tabled until some future special or regular annual town meeting. A motion was made, seconded and voted 76 yes, 79 no, to indefinitely postpone action on Article 3.
Mr. Donald Whittemore moved that Article 3 be referred to the Town Government Study Committee. The Moderator ruled that the Whittemore motion could supersede the Reeser motion.
Mrs. Betty Anderson moved to amend the Whittemore motion by "having a committee of five ( 5 ) appointed by the Selectmen to study the article instead of the Town Government Study Committee. This was seconded.
The quorum was questioned and the assembly was polled. 128 were present.
Motion made, seconded and voted the meeting be adjourned until Tuesday, April 11 at 7:30 P.M.
NELLIE L. SPARRELL,
Town ( 'lerk.
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ADJOURNED SPECIAL TOWN MEETING
ADJOURNED SPECIAL TOWN MEETING
APRIL 11, 1961
After telephoning residents of the Town and sounding the Fire Alarm to attract attention, the Adjourned Special Town Meeting was called to order at 8:27 P. M. by the Moderator, Joseph Silvia, with 100 present.
The Moderator stated that since there was not a quorum present, there were two courses of action we could follow: 1. Declare a recess of 20 minutes, until by telephoning and blowing the fire alarm, we might get a quorum. 2. The chair would entertain a motion to ad- journ to a certain time and place. It was decided to hold a recess of 20 minutes, in the hope that at the end of that time a quorum would be present.
Mrs. Ross announced she had called the Elementary School where the Science Fair was being held, asking to have parents noti- fied of the meeting.
At the end of the recess which added very few in numbers, a motion was made, seconded and voted to adjourn until Monday, April 24th at 7:30 P. M. in Cushing Memorial Town Hall.
Motion was made and seconded that the meeting be adjourned until 2:30 Saturday, April 15. Upon information that the hall would be occupied on that date, it was amended as follows: the meeting be adjourned until 2:30 Saturday, April 15 at the High School. The whole amendment was withdrawn and it was voted to adjourn until Monday, April 24th at 7:30 P. M. in Cushing Memorial Town Hall.
NELLIE L. SPARRELL, Town Clerk.
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ADJOURNED SPECIAL TOWN MEETING
April 24, 1961
The meeting opened at 7:57 P. M. with 208 present. At 8:30, 230 were present.
The meeting was called to order by the Moderator, Joseph M. Silvia. Non-voters were admitted, including Rev. Fr. Kenney, who offered prayer.
The Moderator appointed tellers as follows : Harry L. Chase, Jr., head teller, Edmund V. Anderson, Paul Lyons, Frederick Truelove and Harold Sinclair, and swore same to the faithful performance of their duties.
Elizabeth Anderson made a motion to withdraw her motion to amend Mr. Whittemore's motion, made at the previous meeting "to have a Committee of five (5) appointed by the Selectmen to study the article, instead of the Town Government Study Committee." This motion was seconded and voted. Mr. Whittemore then moved to withdraw his motion which was seconded and voted.
G. Herbert Repass made a motion that the Town adopt the follow- ing By-Law, as Article 14 of the General By-Laws, "Regulations Relative to the Construction, Alteration and Maintenance of Buildings and Other Structures in the Town of Norwell, Massachusetts, in Accordance with the Provisions of General Laws, Chapter 143." After much discussion, a motion was made, seconded and voted by voice vote that this article be referred to a committee of five (5) composed of one ( 1 ) Selectman, one ( 1 ) builder, one ( 1) electrician and two ( 2 ) representatives to be appointed by the Selectmen and to report with a proper building and wiring code to the next Annual Town Meeting.
ARTICLE 4. A motion was made, seconded and voted to amend Section 4 by striking out the words "as Article No. 15" so that the article shall read "to adopt the following by-law as a General By- Law:" The Board of Selectmen each year, on or before the thirty-first of March, shall appoint an Inspector of Gas Piping and Gas Ap- pliances, whose duty shall be the enforcement of the rules and regula- tions as set forth in the Massachusetts Code for Installation of Gas Ap- pliances and Gas Piping " as established under the Acts of 1960, Chap- ter 737, which legislation became effective on February 1, 1961, and voted to appropriate from available funds for the remainder of 1960
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the sum of $200 from which salary and expenses of Inspector of Gas Piping shall be paid. "
ARTICLE 5. Motion made, seconded and voted to omit the reading of Article 5, and proceed to consideration of subsections therein by subject matter.
The voters were asked to say the word "pass" if they wished to have discussion on any of the articles mentioned in the enumeration of headings. The following were " passed "- Articles 1, 4, 5, 6, 7, 8, 10.
Article I. Section 6-General Provisions. Motion made, seconded and voted to substitute "Any use in these By-Laws of the phrase 'by-law' shall mean the General Laws and Statues of the Common- wealth of Massachusetts, as from time to time amended."
Article IV. Section 4-Town Meetings. A motion was made that Article IV, Section 4, of the By-Laws be amended to read: One hundred voters shall constitute a quorum. This motion was seconded, but failed to carry.
Article V. Elected Town Officers - Town Clerk.
Section 4. A motion was made, seconded and voted to strike out "but in any event, within the week following the final adjournment of any Town Meeting. "
A motion was made, seconded, but failed to carry that "the Highway Surveyor's term of office shall be three years. "
A motion was made, seconded, but failed to carry that "the Moder- ator's term of office shall be three years. "
A motion was made, seconded, but failed to carry that "the Tree Warden's term of office shall be three years."
ARTICLE VI. Appointed Town Officers. - A motion was made, seconded and voted to insert "Inspector of Gas Piping and Gas Ap- pliances" after "Inspector of Animals" in the list. Motion made, seconded and voted to insert after "Town Accountant," the wording of Article 4 of the Warrant, "to adopt the following By-Law as a General By-Law: The Board of Selectmen each year, on or before the thirty-first of March, shall appoint an Inspector of Gas Piping and Gas Appliances, whose duty shall be the enforcement of the rules and regulations as set forth in the "Massachusetts Code for Installation of Gas Appliances and Gas Piping, as established under the Acts of 1960, Chapter 737, which legislation became effective on February 1, 1961."
Motion made, seconded and voted to insert before "Constables"
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the words " Conservation Commission. " A motion was made, seconded and voted to list "Industrial and Development Commission" after "Forest Fire Warden." A motion was made, seconded and voted to amend Section 5-Advisory Board - to read in addition "Budget requests shall be submitted to the Advisory Board prior to December 31 of each year for the expenses of each department for the next year, " to take the place of the 30-day clause.
Article VII. Contracts- Section 4. Motion made, seconded and voted to add to Section 4 the following sentence "Contracts shall be awarded to the lowest responsible bidder. "
Article VIII. Legal Affairs- Section 4. Motion made, seconded and voted to amend Section 4 under Article VIII - Legal Affairs -so that the first sentence shall read as follows: "The Selectmen shall annually, after the final adjournment of the Annual Town Meeting, appoint a member of the bar in good standing to serve as Town Counsel for the term of one year from the date of his appointment and until his successor is appointed and enters upon the performance of his duties. "
Article X. Public Ways - Section 1. Motion made, seconded and voted to substitute the following for Section 1 :"All new ways shall be laid out in conformance with the Rules and Regulations of the Planning Board, unless shown on a plan approved by the Planning Board, or unless such layout was made prior to June 1, 1949, and is so certified in writing by the Selectmen."
Motion made, seconded and voted that a new Section be added as follows: Section 7. "The names of new ways shall be approved by the Planning Board."
Motion made, seconded and voted that the Proposed By-Laws, as amended, be accepted.
Article 6. Motion made, seconded and voted to continue the By- Laws Committee, as presently constituted, and authorize said Com- mittee to take whatever action is deemed necessary and proper to assist the Town Clerk to secure the approval and publication of the By-Laws adopted at this Town Meeting and to have copies of the approved By-Laws printed, in whatever form they shall select, and available for purchase from the Town Clerk.
Article 7. Voted to appropriate from available funds the sum of $1,000 expended under the direction of the By-Laws Committee for reproducing the revised By-Laws adopted at this Town Meeting.
Article 9. Voted to authorize the Town Accountant to close out
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the unexpended balance of the 1956 Union Bridge account, $15,000.
Article 10. Voted unanimously that the Town assume liability in the manner provided by Chapter 91, Section 29, of the General Laws as most recently amended by Chapter 5, Acts of 1955, for all damages that might be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tidal waters, foreshores and shores along a public beach, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth.
Article 11. Motion made, seconded and voted to indefinitely postpone action on Article 11.
Article 12. Motion made, seconded and voted to appropriate from available funds the sum of $5,000 to defray the cost of the Town's share of insurance premiums for group insurance for certain persons in the service of the Town and their dependents, said group insurance to be purchased in pursuance of the Town's vote in ac- cepting the provisions of Chapter 32B of the General Laws.
Motion was made, seconded and voted 107 yes, 74 no, to re- consider action taken on Article 3. Motion made, seconded and voted that the Town vote to adopt the following By-Law as Article VI of the General By-Laws: Electrical Installations and for the remainder of 1961 the Town voted to appropriate from available funds the sum of $300 from which the remuneration and expenses of the in- spectors will be drawn."
Motion made, seconded and voted that in Section D "but only for due cause" be substituted for the words" without cause," in the mimeo- graphed building code. Adding at the end: "The Wiring Inspector shall hold a Massachusetts Master Electrician's license. " Motion made, seconded and voted to accept Sections A, B, C and D, as amended.
Motion made, seconded and voted, under Instructions to Town Officers, that the Electrical Code be referred to the Committee ap- pointed earlier in the evening, to report back at the Annual Town Meeting.
The business of the Warrant being completed, it was moved, seconded and voted to adjourn.
Nellie L. Sparrell,
Town Clerk
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BY-LAWS-RULES AND REGULATIONS
TOWN OF NORWELL BY-LAWS, RULES AND REGULATIONS
A. THE FORM AND CONDUCT OF TOWN GOVERNMENT
General
Article I General Provisions
Article II Town Seal
Article
III Acts of the Legislature Accepted by the Town
Legislative
Article IV Town Meetings
Executive
Article V Elected Town Officers
Article VI Appointed Town Officers
Financial
Article
VII Contracts
Legal Affairs
Article
VIII
Legal Affairs
Records and
Reports
Article IX Records and Reports
B. THE SECURITY AND CONDUCT OF PERSONS
Safety and Order Article X Public Ways
Article XI
Licenses
Article
XII
Town Rules and Regulations ( Including future Police Regulations )
C. THE CONDITION AND DEVELOPMENT OF PROPERTY
Public Property
Article XIII Town Property
Private and
Public Property
Article XIV Building Rules and Regulations
Article XV Building Permits
Article XVI Removal of soil, loam, sand, or gravel
Article XVII Zoning By-Laws
D. THE REGULATIONS OF TOWN EMPLOYEES
Article XVIII Town Employee Vacations
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BY-LAWS-RULES AND REGULATIONS
ARTICLE I-GENERAL PROVISIONS
SECTION 1. The following provisions shall constitute the By- Laws of the Town of Norwell, which shall be in lieu of all By- Laws heretofore in force, except for the Zoning By-Laws.
SECTION 2. These By-Laws shall have no retroactive effect. SECTION 3. The repeal of a By-Law shall not thereby have the effect of reviving any By-Laws theretofore repealed.
SECTION 4. Unless otherwise provided in these By-Laws, governing instrument or the General Laws, any Board, Commission or Committee of the Town may act by a majority.
SECTION 5. Any or all of these By-Laws may be repealed or amended and other By-Laws may be adopted at any Town Meeting, an article or articles for that purpose having been inserted in the Warrant for such meeting.
SECTION 6. Any use in these By-Laws of the phrase 'by-law' shall mean the General Laws and Statues of the Commonwealth of Massachusetts, as from time to time amended.
SECTION 7. Whenever reference is made to committees in these By-Laws, for the purposes of these By-Laws only, the term "com- mittees" shall include boards, commissions, officer and departments.
SECTION 8. The Invalidity of any Article or Section of these By-Laws shall not affect the validity of any Article, Section or By- Law otherwise valid, and these By-Laws shall remain in effect as amended from time to time, except for those Articles or Section parts thereof which are determined to be invalid.
ARTICLE II- TOWN SEAL
SECTION 1. The Town Seal shall be circular in shape and of a design as imprinted herein. This device shall be considered the Town Seal of the Town of Norwell, effective whenever used as required.
ARTICLE III- ACTS OF THE LEGISLATURE ACCEPTED BY THE TOWN
SECTION 1. The Town Clerk shall file, with this Article III, a current list of all Acts of the Legislature accepted by the Town.
ARTICLE IV- TOWN MEETINGS
SECTION 1. A copy of the Warrant for all Town Meetings shall be posted in five or more public places in the Town at least
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seven days prior to the Meeting, and a notice under the Seal of the Town shall be published in one or more papers published in the County of Plymouth and circulated in the Town at least seven days prior to the Meeting, but it shall be sufficient notice if the newspaper states only that a meeting is to be held giving the place, date and hour.
SECTION 2. The Selectmen shall prepare a report setting forth the Articles of the Warrant, together with the recommendations of the Advisory Board, copies of which either shall be mailed to all registered voters, or they shall cause to have a copy left at each dwelling house or apartment, at least seven days before the meeting.
SECTION 3. The Annual Town Meeting shall be held at 7:30 P. M. on the second Monday in March of each year, and Special Town Meetings may be held at such time as the Selectmen may order. At least seven days before the Annual Town Meeting, a published complete Annual Report of all Town Officers, Boards, Committees, Departments, Town Meetings, Elections, Births, Deaths and Marriages shall be left at each dwelling house or apartment.
SECTION 4. Two hundred voters shall constitute a quorum to open any TownMeeting, but a lesser number may adjourn the same. In the event a quorum is not present, the meeting may be adjourned to a later time or date, by a majority of those present.
SECTION 5. All Town Meeting votes, unless otherwise pro- vided for by law, shall at first be taken by a voice vote. If the Moderator is in doubt, or if seven voters immediately question the vote, the Moderator shall call for a standing vote, taken by sworn tellers.
SECTION 6. Articles of the Warrant shall be acted upon in the order in which they appear unless otherwise determined by vote of the Meeting.
SECTION 7. A motion and all Amendments thereto shall, if required by the Moderator, be reduced to writing before being sub- mitted to the Meeting.
SECTION 8. The duties of the Moderator and the Government of the Town Meeting, not provided for by law or By-Laws, shall be determined by the rules of practice contained in "Roberts Rules of Order" as far as they are adapted to the conditions and power of the Town of Norwell.
SECTION 9. A meeting, subsequent to the Annual Town
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BY-LAWS- RULES AND REGULATIONS
Meetings, shall be held the following Saturday in March and shall be conducted as prescribed by law between the hours of 12 o'clock noon to 8:00 P. M. for the determination of such matters as shall properly be placed on the official ballot and for the election of Town Officers, in accordance with and as required by law and these By-Laws, as follows:
Selectmen
Town Collector
Assessors
Town Clerk
Board of Health
Treasurer
Highway Surveyor
Tree Warden
Moderator
Trustees of the William J.
Planning Board
Leonard Mem. Library
School Committee
Water Commissioners
Board of Welfare
ARTICLE V- ELECTED TOWN OFFICERS
Selectmen
SECTION 1. The Board of Selectmen shall consist of three members, one elected every year for a term of three years.
SECTION 2. The Selectmen shall have general direction and management of the property and affairs of the Town in all matters not otherwise provided for by law and these By-Laws.
SECTION 3. The Selectmen may appear, either personally or by counsel, before any legislative committee, board or commission to protect the interest of the Town, but are not authorized by this By-Law to commit the Town to any course of action.
SECTION 4. Whenever it shall be necessary to execute any deed, or other instrument required to carry into effect any vote of the Town, the same shall be executed by the Selectmen or a majority of them, in the name and in behalf of the Town, properly sealed and subscribed by a majority of them, unless otherwise provided in any special case.
SECTION 5. The Selectmen shall compile and cause to have printed the Annual Report of all Town Officers, Boards, Commit- tees, Departments, Elections and vital statistics to be left at each dwelling house, and apartment at least seven days before the Annual Town Meeting, but failure to do so shall not invalidate the Meeting.
SECTION 6. The Selectmen shall notify the Town Clerk promptly of any appointments made by them to any Town Office, Boards,
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BY-LAWS-RULES AND REGULATIONS
Committees or otherwise, giving the names and addresses of any person or persons so appointed, the office to which appointed or the business upon which the person or persons so appointed are to act.
SECTION 7. The Selectmen in their discretion may, or upon the written request therefore, signed by 50 voters, shall conduct a forum at least seven days prior to any Regular or Special Town Meeting for the purpose of discussing the Articles in the Warrant for such Meeting.
Assessors
SECTION 1. The Board of Assessors shall consist of three members, one elected each year for a term of three years.
SECTION 2. The Assessors shall deliver the tax list and War- rant for collection to the Town Collector. Additional warrants shall be issued to the Collector for all taxes assessed or reassessed which are not covered by the original warrant.
SECTION 3. The Assessors shall keep the record of all tax abatements required by law. Each month the Assessors shall notify the Town Collector and Town Accountant in writing the amount of taxes abated in the preceding month, stating separately the amount abated from each tax levy.
Board of Health
SECTION 1. The Board of Health shall consist of three mem- bers, one elected each year for a term of three years.
SECTION 2. The Board of Health is to perform all the duties required by Law and may make any lawful regulations beneficial to the health of the Town and for the permanent elimination of any offensive stench obnoxious to the users of public ways or residents of the Town. Such regulations are to be posted in five public places and published in one or more newspapers published in the County of Plymouth and circulating in the Town of Norwell.
SECTION 3. Except as otherwise provided for by law, the Board of Health upon the request of any complainant shall notify any person or persons responsible for any conditions claimed to be obnoxious that complaint has been made. If after thirty days the condition is still claimed to be offensive, the Board of Health shall investigate and take whatever lawful action it may deem advisable.
SECTION 4. The Board of Health shall forbid all commercial slaughtering, the storage of all decayed animal matter and the dis-
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BY-LAWS-RULES AND REGULATIONS
posal of all refuse subject to offensive decay in any location injurious to the health of the Town, obnoxious to residents of the Town or unsightly as seen from any existing dwelling house or public way in the Town.
Highway Surveyor
SECTION 1. The Highway Surveyor's term of office shall be one year.
Moderator
SECTION 1. The Moderator's term of office shall be one year.
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