USA > Massachusetts > Hampden County > Wilbraham > Wilbraham annual report 1951-1955 > Part 29
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Warden (Acting) Wesley Holdridge, and Checkers Alice Hodgdon, Mae Irwin, June Rice, Anna Tupper, Theresa Boden, and Dorothy E. Reidy, were duly sworn in by Town Clerk Walter F. Berry.
The meeting was called to order by Moderator Frank Auchter at 8.10 p.m.
ARTICLE 1. Voted unanimously to authorize the Select- men to sell by private sale the old engine house situated on the Boston Road on the Library lot, not including the land on which it stands, at a price and upon terms deemed by the Selectmen to be reasonable and proper.
ARTICLE 2. Voted unanimously to authorize the Board of Selectmen to effect a compromise of the dispute over the title to land known as The Green or Schoolhouse Lot, which is the subject of Land Court Case No. 18738; and that the Board of Selectmen, in furtherance thereof, in the name and on behalf of the Town, and under the authority of Chapter 326 of the Acts of 1953, convey the interest of the Town of Wilbraham in said land to Ernest E. Hobson of Palmer, Massachusetts, or other person, as Trustee, upon the condition that said Trustee shall secure such conveyance of other interests in said land as he may deem legally necessary or proper, and thereafter hold said title under the following trust:
1. To proceed in said Land Court Case No. 18738 with registration of title as a substituted petitioner, or otherwise.
2. To hold said title upon registration for the perform- ance of the trusts hereinafter set forth.
3. To convey to the Town of Wilbraham Parcel A, des- cribed as bounded
Southerly - by Tinkham Road 473.13 feet; Westerly - by Main Street 159.45 feet ;
Northerly - by land now or formerly of Robert H.
Fay, Jr., et al, registered in Land Court Case No. 16747, 448.51 feet; and
Easterly - by Lot B on the plan hereinafter men- tioned, 78.03 feet ;
Being shown as Lot A on the plan drawn by Merrill & Sears, Civil Engineers, dated February
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17, 1953 on file in the Land Court with Case No. 18738;
Said Parcel A to be held by the Town of Wilbraham for the civic, recreational or educational uses of the Inhabitants of the Town of Wilbraham.
4. To convey Parcel B to Merrick Associates, Inc. and such other Merrick heirs or their assigns or nominees with such respective interests therein as he may determine to be legally proper, or as a court of com- petent jurisdiction may direct, said Parcel B being described as bounded
Southerly - by Tinkham Road 420.23 feet;
Westerly - by Lot A, as shown in the plan herein- after mentioned, 78.03 feet, and
Northerly -by land of the Merrick Associates, Inc., 403.97 feet ;
Being shown as Lot B on the plan hereinabove referred to ;
And that said deed to said Trustee be with quitclaim cov- enants, under the corporate seal of the Town, and in such form otherwise as the Board of Selectmen may determine; and that said Board of Selectmen be authorized to accept from said Trustee the Deed to the Town of Wilbraham of said Parcel A; and that the Board of Selectmen be author- ized to pay all necessary or proper expenses incident to the perfecting of said title of Parcel A in the Town of Wilbra- ham from funds available for such purposes.
ARTICLE 3. Motion was made and seconded to discon- tinue as a town way, the road along the North line of the Green or Schoolhouse Lot. This motion was amended and voted unanimously as follows :
To discontinue, as a town way, that portion of the road along the Northerly line of the Green or Schoolhouse Lot which lies on Parcel B, to be conveyed to Merrick Associates, Inc., and such other Merrick heirs.
ARTICLE 4. Voted unanimously to accept as a public way that portion of Bruuer Avenue, now a private way, as shown on plan of land of Norman Thurlow as surveyed by Merrill & Sears, Civil Engineers, January 21, 1948, beginning at the now accepted portion and running easterly for a distance of approximately 500 feet, and that the sum of $600.00 be raised and appropriated for original construc- tion of said portion of Bruuer Ave., and that betterment assessments be levied in accordance with the provisions of Chapter 80 of the General Laws.
The Planning Board had approved of this action; and it was stated that the Town's share of this expense would be $200 - or 1/3 of cost.
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ARTICLE 5. Voted unanimously to accept as a public way the street now known as Birch Street, as shown on plan of land of William Decorie by Smith & Wallon, Spring- field, Mass., June, 1952, beginning at Delmor Avenue and running northerly and southerly for a distance of approx- imately 658.30 feet, and that the sum of $775.00 be raised and appropriated for original construction of Birch Street, and that betterment assessment be levied in accordance with the provisions of Chapter 80 of the General Laws.
It is noted that the Finance Committee recommended this action.
ARTICLE 6. Voted unanimously to amend the zoning by-laws and change from General or Class B to Business District the hereinafter described parcel of land lying west- erly of River Road and easterly of Stony Hill Road, beginning at a stone bound in the westerly street line of River Road, at the southeast corner of land now or formerly of Sofia Kareta; thence running South 47º 00' 00" East along the westerly street line of said River Road, a distance of 180.00 feet to a stone bound at land of Eleanora Gruszka; thence running South 43° 00' 00" West, along land of said Gruszka, a distance of 173.10 feet to a stone bound; thence running South 76° 19' 00" West, along land of said Gruszka, a distance of 101.52 feet to a stone bound in the easterly street line of Stony Hill Road; thence running North 13º 41' 00" West, along the easterly street line of said Stony Hill Road, a distance of 174.10 feet to a stone bound at other land of Eleanora Gruszka; thence running North 76° 19' 00" East, along land of said Gruszka, a distance of 38.67 feet to an iron pipe at land now or formerly of Sophia Kareta; thence running North 43° 00' 00" East, along land of said Kareta, a distance of 130.00 feet to a stone bound at the point of beginning.
It is noted that the Planning Board approved this change.
ARTICLE 7. In accordance with Article 47 in the Report of Annual Town Meeting held March 13, 1954, the Planning Board held a public hearing at Memorial School May 12, 1954 ; their report with recommendations relative to changes in Zoning By-Laws and Zoning Map, follows. Note : Amendment regarding Residence District B frontage is incorporated.
That Section 1 be amended by changing the date therein from April 16, 1946 to May 1, 1954.
That Section 2 be amended by striking out the six classes of districts therein designated and substituting therefor the following classes or districts :
1. Residence A-1 Districts
2. Residence A Districts
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3. Residence B Districts
4. Neighborhood Shopping Districts
5. Business Districts
6. Industrial Districts
That Section 4 be amended by striking out the cap- tion and the first paragraph thereof and substituting therefor the following: "RESIDENCE A-1, A AND B DISTRICTS." "In any Residence A-1, A or B District no building or other structure or part of a building shall be erected, altered or used, nor may any premises be used except for one or more of the following purposes :"
That said Section 4 be further amended by striking out the last sentence of paragraph 1 and substituting therefor the following: "Nothing herein contained in this section and no special permit granted by the Board of Appeals under this section shall be considered as changing or affect- ing the zoning of any Residence A-1, A or B District."
That said Section 4 be further amended by striking out paragraph 5 and substituting therefor the following: "5. Public parks, playgrounds, municipal buildings, water towers, reservoirs, radio and television broadcast facilities."
That said Section 4 be further amended by the addition to paragraph 6 of the following sentence: "The term 'stock farms' shall not be construed to be inclusive of mink or rabbit or other furbearing animals."
That Section 5 (which provides for General or Class B Residence Districts) be repealed.
That Section 5 having been repealed, the numerical des- ignation of Section 6 be changed to Section 5, and that the numerical designation of all succeeding sections be cor- respondingly changed to their correct numeric sequential designations.
That the renumbered Section 6 be amended by striking out paragraph 1 and substituting therefor the following:
"1. Any use specified as hereinbefore set forth in Section
4 and permitted in Residence A-1, A and B districts."
That said Section 6 be further amended by striking out paragraph 2 relating to apartment houses and by changing the numbering of paragraphs 3, 4, 5 and 6 so as to be 2, 3, 4 and 5 respectively.
That the renumbered Section 7 be amended by striking out said section and substituting therefor the following :
"In Industrial Districts no building or other structures or part of a building shall be erected, altered or used nor may any premises be used except for one or more of the following purposes :
1. Any use specified as hereinbefore set forth in Sec-
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tions 4 and 5 and permitted in Residence A-1, A, and B Districts, Neighborhood Shopping Districts, and Business Districts.
2. Manufacturing, employing unobjectionable motive power utilizing hand labor or quiet machinery and processes, free from neighborhood disturbing odors or agencies, subject however to the provisions of the next succeeding paragraph.
No use shall be permitted which would be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features, or because hazardous to the community on account of fire or explosion or any other cause, or any use which might prove injurious to the safety or welfare of the neighborhood into which it pro- poses to go, and destructive of property values because of any excessive nuisance qualities, except that the Board of Appeals after public hearing may authorize any such prohibited use by written permit."
That the renumbered Section 9 be amended by striking out paragraph 3 and substituting therefor the following: "3. The limitation of height shall not apply to such features as are mentioned in (2) of Section 8, nor to water tanks or scenery lofts which shall be at every point fifty (50) feet from the center line of any street and shall not cover more than twenty-five per cent (25%) of the area of the building."
That the renumbered Section 10 be amended by striking out said section and substituting therefor the following :
"In residence districts, as provided in Section 4, land laid out after the adoption of this by-law shall provide for each family the following minimum lot sizes :
Residence A-1 District - frontage on the street or highway at least one hundred fifty (150) feet and thirty thousand (30,000) square feet minimum area.
Residence A District - frontage on the street or high- way at least one hundred (100) feet and twenty thousand square feet minimum area.
Residence B District - frontage on the street or high- way at least seventy-five (75) feet and eleven thousand two hundred fifty (11,250) square feet minimum area. No lot or the building thereon, as provided in this or any other section, shall be changed in size so as to violate the provisions hereof."
That the renumbered Section 11 be amended by striking out said section and substituting therefor the following :
"A. The main building or structure on the premises in residential districts shall occupy thereon a habitable
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ground area as measured to the exterior wall lines, of not less than that fixed as a minimum in the following schedule, and shall in no case exceed twenty-five per cent (25%) of the lot area in Residence A-1, A and B Districts.
Residence A-1, A and B districts, one-story, eight hundred (800) square feet.
One-and-one-half story and two story, six hundred eighty (680) square feet.
B. The habitable area of a building may include an attached garage, but such attached garage shall not be computed at more than fifteen per cent (15%) of the habitable area of such building."
That the renumbered Section 12 be amended by striking out the second paragraph under the caption relating to FRONT YARDS and substituting therefor the following:
"Front yards for new buildings not otherwise controlled by the previous paragraph should conform in minimum depth to the following schedule :
Residence A-1 Districts - forty (40) feet.
Residence A Districts - forty (40) feet.
Residence B Districts - thirty-five (35) feet."
That said Section 12 be further amended by striking out the paragraph under the caption relating to SIDE YARDS and substituting therefor the following :
"1. At each side of every dwelling there shall be a side yard between the side of the house and side lot lines. Side yards shall be clear at all points from the front to the rear lines of the house and shall conform in minimum width to the following schedule :
Residence A-1 Districts - not less than twenty (20) feet.
Residence A Districts - not less than fifteen (15) feet.
Residence B Districts - not less than ten (10) feet.
2. Unattached accessory buildings, not including stables, on an interior lot in Residence A-1, A and B Districts, shall have side yards to conform with the schedule for said districts in the next preceding para- graph numbered 1.
3. On a corner lot no part of an attached accessory building, not including stables, shall be located nearer to either street line than the setback line established for such streets, nor shall it be located nearer the rear lot line which forms the side line of the adjoining lot, than the distance prescribed for
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side yards in the second preceding paragraph numbered 1.
4. Yards for Non-Residential Buildings: Any use, not residential or accessory, permitted in a residential district, shall observe all provisions of this by-law in regard to depth and width of yard as applied to dwellings.
5. Side and rear yards shall not be required for a business, or industrial building, but facilities shall be provided for loading and unloading all materials, equipment, and merchandise on the premises and entirely off the travelled public way."
That the renumbered Section 13 be amended by striking out paragraph 6 and substituting therefor the following :
"6. The keeping of poultry and livestock is prohibited on lots where the subdivision plot plan is recorded in the Hampden County Registry of Deeds or is a part of such previously recorded sub-division, except for a small flock of poultry for the use of the occupant only, confined in an enclosure located on the rear third of the lot and not less than forty (40) feet from any street line nor ten (10) feet from any lot line. Such enclosure shall not be within less than twenty-five (25) feet of any building or structure used for human habitation and said enclosure shall be limited to an area not exceeding one-twentieth (1/20) of the area of the lot on which it is located or one-thousand (1,000) square feet, whichever is the lesser, and provided that any building or struc- ture used for the keeping of poultry shall be limited to one (1) story in height. The use of such enclo- sures or building or structure for the keeping of poultry shall be necessary to a dwelling existing on same lot, but these restrictions relating to the keep- ing of poultry or livestock shall not apply to lots or districts not so recorded or sub-divided."
That said Section 13 be further amended by striking out the last sentence of paragraph 8 and substituting therefor the following :
"Such facilities may include not more than one house trailer to be occupied for a period not to exceed six months in any twelve consecutive months from date of permit. All such facilities used for residential occupancy will be subject to an occupancy permit issued by the Building Inspector."
That the renumbered Section 14 be amended by striking out paragraph 1 and substituting therefor the following :
"1. No lot in any residence district shall have thereon
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more than one (1) building or structure occupied as a dwelling, except as provided in Section 13, para- graph 8, above."
That Section 14 be further amended by striking out paragraph 2 and substituting therefor the following:
"2. This by-law shall not apply to buildings or structures nor to the use of any building or structure or land which existed lawfully prior to May 23, 1946; but this by-law shall apply to any change of use and any alteration of a building or structure when the same would amount to reconstruction, extension or struc- tural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, to a substantially greater extent."
That the renumbered Section 15 be amended by inserting therein a paragraph to be numbered 2 as follows :
"2. Notwithstanding the requirements of the other provi- sions of these by-laws, the following shall apply to and be effective in favor of any sub-division as to which a preliminary plan was approved by the Planning Board prior to June 10, 1954, and which was still in force on that date:
(a) The frontage and area requirements of any such sub-division shall be the same as set forth in the zoning by-laws in force on the date of the approval of such preliminary plan, except as below provided.
(b) A definitive plan of a sub-division shall be filed within a period of six months from the date of the approval of the preliminary plan, otherwise the right to file such definitive plan shall expire by limitation.
(c) The Planning Board shall have the right in its discretion in any case to grant an extension of the period for the filing of a definitive plan provided the request for such an extension shall be made prior to the expiration date for the filing of such plan.
(d) The right to file a definitive plan shall be exercised only by the owner of record of the sub- division on the date of the submission of the pre- liminary plan, and any subsequent owner of such sub-division shall acquire no right to file a defini- tive plan based on the preliminary plan submitted by the previous owner.
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(e) Any person aggrieved by reason of inability to obtain an extension of time for the filing of a defin- itive plan may appeal from the Planning Board to the Board of Appeals established under Section 20 of these zoning by-laws. Any such appeal shall be taken within a reasonable time provided by rule of the Board of Appeals by filing with the Town Clerk a notice of appeal specifying the grounds thereof."
That said Section 15 be further amended by changing the numbers of paragraphs 2, 3, and 4 so as to be 3, 4, and 5 respectively.
That the renumbered Section 17 be amended by striking out paragraph 1 and substituting therefor the following :
"1. No tent, no building, and no structure shall be erected or substantially altered without a building permit, which permit will be valid for a period not to exceed six (6) months, and applications for build- ing permits shall be accompanied by a plat of the lot, in duplicate, drawn to scale showing the actual dimensions of the lot and the exact location and size of the buildings or structures already upon the lot, if any, and of the buildings or structures to be erected or altered, together with streets and alleys on and adjacent to the lot. Accompanying such application shall be duplicate plans of the proposed buildings or structures in such detail as will permit the Building Inspector to determine if such structure or structures conform to the provisions of these by-laws. A record of such applications and the plat and plans herein referred to and action taken thereon shall be kept on file in the Town Office."
That the zoning map dated April 16, 1946 be repealed and the zoning map dated May 1, 1954 be substituted therefor.
Mr. Kuehn, Chairman of the Planning Board, answered many questions regarding zoning map. After much dis- cussion Mr. Pearl R. Kinney brought out the fact that a large tract of land near the Parkway Theatre (extending along Stony Hill Road) might be used for a low-cost hous- ing development, as it was in Business District and sug- gested this area be changed to A-1 zone. Moderator asked if there were any objections to marking this change on zoning map at once, and as there were none heard the change was made.
Moderator called for a rising vote on adoption of by-law changes, but Mr. Irving J. Cordner dissented and moved that a written vote be taken. Mr. J. Loring Brooks, Jr.
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spoke to the motion and suggested that it would be possible to determine vote accurately without written ballot, saying this was time-consuming and voters might leave meeting before Article 7 could be voted on.
Moderator appointed as official counters Mr. George A. Safford, Mr. Hector E. Coty, Mr. Arthur R. Brown, and. Mr. Gordon Holdridge.
Voted not to have written vote on question of zoning by-law change.
Vote in favor 34
Vote opposed 186
Voted that the zoning by-laws of the Town be and hereby are changed and amended in accordance with Planning Board report.
Vote in favor 244
Vote opposed 4
ARTICLE 8. Voted by a majority that the Selectmen be authorized and directed to petition the Board of Standards in the Department of Public Safety of the Commonwealth, to propose regulations relative to the construction, altera- tion and maintenance of buildings and other structures in the Town, and to submit to said Board of Standards for its consideration regulations as set forth in the Building Code subjoined to this vote; and that the Selectmen be authorized to take any other and additional action relative to the adoption of a Building Code permitted by Chapter 143 of the General Laws and Section 3 of said Chapter in particular; said Building Code being as follows (see printed form).
ARTICLE 9. Defeated
ARTICLE 10. Voted unanimously that all appropriations made at this meeting, unless otherwise provided for, be raised by assessment against the polls, personal properties and real estate of the Town.
Voted unanimously that the meeting adjourn at approxi- mately 10.40 p.m.
Attest : Walter F. Berry
Town Clerk
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Town Warrant
FOR ANNUAL TOWN MEETING ON MARCH 5, 1955 Commonwealth of Massachusetts HAMPDEN, ss.
To any of the Constables of the Town of Wilbraham in the County of Hampden:
GREETING :
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Wilbraham qualified to vote in Town affairs to meet in Wilbraham Memorial School in said Town on Saturday, the fifth day of March next at 8.30 a. m. to bring in their votes for Town Officers and act on the following articles. The polls will open at 8.30 a. m. and may be closed at 6.30 p. m. All business of said meeting and elec- tion of Town Officers except the election of such officers and the determination of such matters as by law are required to be elected or determined by ballot shall be considered after 10 o'clock a. m.
ARTICLE 1. To choose a Moderator, a Town Clerk, a Town Treasurer, a Tree Warden for the ensuing year, one Selectman for three years who shall be a member of the Board of Public Welfare and Board of Health, one Assessor for three years; five Constables for the ensuing year; one Auditor for the ensuing year; one School Committee mem- ber for three years, Town Collector for the ensuing year; one Cemetery Commissioner for one year, one Cemetery Commissioner for three years; one Library Trustee for three years, one Water Commissioner for three years, one Member of the Planning Board for five years, all on one ballot. Also all other Town Officers.
ARTICLE 2. To hear and act on reports of the Selectmen, Board of Public Welfare, Treasurer, School Committee and other officers or committees.
ARTICLE 3. To fix the compensation of all elected Town Officers for the ensuing year.
ARTICLE 3. Recommend that compensation for elected Town Officers be fixed as follows: Town Clerk, $2,500.00 - all fees to revert to town treasury; Town Treasurer, $1,200.00 per year; Moder- ator, $50.00 Annual Town Meetings; $15.00 Special Town Meetings; Town Collector, $2,200 per year; Tree Warden, $1.50 per hour (in- cludes use of car) ; Selectmen, 2 members $500.00 per year, Chairman, $550.00; Assessors, $1.50 per hour (includes use of car when needed) ;
Bold face type appearing after some articles are the recommenda- tions of the Financial Committee.
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Constables, $1.50 per hour when called on duty by Selectmen, plus fees; Auditor, $200.00 per year; School Committee, no salary; Ceme- tery Commissioners, no salary, $1.35 per hour for time spent at work; Water Commissioners, $150.00 per year; Library Trustees, no salary; Planning Board Members, no salary; Poundkeeper, Field Drivers, Weighers of Grain, Surveyors of Lumber, Measurers of Wood and Charcoal (all town officers elected otherwise than by official ballot) fees only as fixed by General Laws.
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