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L E G A L NOTICES L E G A L NOT ICES
ARTICLE 16. To see if the town will direct the Town Library
Committee designated by the Moderator, together with ono additional
Person to be designated by the School Committee, to Investigate and
report on the status of the free public libraries of the town, or to take
any action in relation thereto.
ARTICLE 17, To see If the town will raise and appropriate the
sum of $1000. for the establishment and maintenance of a free bed In
the Cape Cod Hospital for the care and treatment of persons certified
by the Selectmen to be residents of the town and unable to pay for
such care and treatment , under the provisions ot General Laws, Ter. Ed.,
Chapter 111. Section 74 , and amendments thereto.
ARTICLE IS. To see If the town will choose a town director for
the Cape Cod Extension Service to serve for the term of one yea r
under the provisions of General Laws, Ter. Ed., Chapter 128, Section 41.
ARTICLE 10. To see if the town will raise and appropriate not
more than $15,000.00 for new construction roads to be used on Main
Street, Hyannis, provided the County of Barnstable and the Massachu-
setts Department of Public Works will make contribution under the
provisions of Chapter 110 of the General Laws. (Requested by tbe Sur-
veyor of Highways, and recommended by the Road Committee.)
ARTICLK 20. To see if the town will raise and appropriate not
more than $6,000.00 to meet the town 's share of the cost of Chapter 90
.Maintenance, and that in addition , the sum of $4000.00 be appropriated
from available funds in the Treasury to meet the b,.ate and County 's
share of the cost of the work , the reimbursements from tho State and
County to be restored , upon their receipt, to available funds in tbe
Treasury. Work to be done on Yarmouth Road and other Chapter 90
Roads. (Requested by the Surveyor of Highways, and recommended by
the Road Committee.)
ARTICLE 21. To see if the town will raise and appropriate not
more than $10,000.00 for the construction of curbs and sidewalks. ( Re-
quested by the Surveyor of Highways and recommended by the Road
Committee.)
ARTICLE 22. To see if the town will raise and appropriate not
more than $3500.00 for the purpose of surfacing Lincoln Road In the
village of Hyannis . ( Requested by the Surveyor of Highways and recom-
mended by the Road Committee. I
ARTICLE 23. To see if the town will raise and appropriate not
more than $13,000.00 for the purpose of Installing an lS-incli drain from
Main Street to Snow's Creek via Pine Street. (Requested by tile Sur-
veyor of Highways and recommended by the Road Committee. I
ARTICLE 24. To se if the town will authorize the Surveyor of
Highways to expend not over $1500.00 from the machinery account of
the Highway Department lor the purchase ot new equipment. ( Request-
ed by the Surveyor of Highways and recommended by the Road Com-
mittee.)
ARTICLE 25. To see if the town will raise and appropriate not
more than $7500.00 for the purpose ot resurfacing Church Street and
Parker Road in West Barnstable. (Requested by the Surveyor of High-
ways and recommended by the Road Committee.)
L E G A L NOTIC ES L E GA L NO TICES
ARTICLE 41. To see if the town will vote to extond thd lines ot
the sewerage system in the vlllnge of Hyannis In and under High School
Road from Its Intersection with Main Street and running northerly
through Stevens Street to proposed new school , Bourse's Way, about
2100 feet , and that betterment assessments V.e made by the Sewer Com-
missioners upon the land and the owners of tho land within the terri-
tory served by this extension according to the frontage of the land on
the way whe. e the extension Is made at a fixed uniform rnte of two
dollars ($2.00) per front foot to defray a pr.rt of the cost of the same,
and that the town raise or borrow and appropriate the sum of $30,000.09
Tor the purpose ot making such extension.
ARTICLE 41. To see if the town will vote to transfer to tbe Park
Commission the custody and control of the parcel of land In Cotuit
known as the Old Elizabeth Lowell High School property to be used as
a playground, and will raise and appropriate or appropriate from avail-
able funds not more than $800.00 for the Improvement of such property.
(By request of the Park Commission.)
ARTICLE 43. To see if the town will vote to trunsfer to the Park
Commission the custody and control of Park Square In the village of
Hyannis, and that the same lie used as a public park. (By request of
the Pnrk Commission.)
ARTICLE 44 . To see if the town will vote to raise and appropriate a
sum o£ money, not to exceed $1500.00 for the purpose of completing tho
construction of Memorial Park,, Cotuit , to be extended under the
auspices of the Memorial Park Committee with the approval of the
Town Park Commissioners. (By request of Frederick L. Harlow and
others. |
ARTICLE 45. To see if the town will vote to raise and appropriate
the sum ot 51000.00 to be sueut tor the Improvement or the two newly
acquired parks In the Ridgewood section of Hyannis , and for the pur-
chase of playground equipment for said parks.
ARTICLE 40. To see if the town will raise and appropriate a sum
not to exceed $1500.00 for the purpose of completing the work started
last year on the athletic field located on a portion of the Lombard Land
in West Barnstable, this work to be done under the supervision of the
West Barnstable Vlllnge Improvement Association. (By request of Rus-
sell F. Syrialu and others.)
ARTICLE 47. To see it the town will raise and appropriate two
thousand five hundred dollars ($2,500.00) to be spent under the juris-
diction of the School Committee for the purpose of improving a portion
of the Marstons Mills School grounds, so that the same may be used
us an athletic Held. (By request of Loring CI . Jones, Jr. and others.)
ARTICLE 48. To see If the town will appropriate the funds avail-
able from recovery for lire loss at the "Community Center Building "
in Osterville and will raise and appropriate an additional sum of money
for the re-construction and Improvement of the said building. (By re-
quest of Elbert V. Little ami others.)
ARTICLE 49. To see if the town will raise und appropriate a sum
of money not to exceed one thousand dollars ($1000.) for work on the
new cemetery in West Barnstable . (By request of the West Barnstable
Cemetery Committee.)
L E G A L N O T I C E S L E G A L N O T I C E S
ARTICLE 63. to see If the town will vote to repeal Articles IV, V,
and VI of Chapter Three of the Town 's By-Laws and Jn place thereof
substitute and adopt the following By-Law called "Building Code."
ARTICLE IV. BUILDING CODE j
SECTION I. ADMINISTRATION AND SUPERVISION
Clause a. The name and title of this by-law shall be "THE BUILD-
ING CODE" and it shall be known and cited as such.
Clause b. The object and scope of this regulation are the governing
and regulating of the construction mid erection, remodeling, alteration,
repairing and moving of buildings of any description in the Town , and
providing for the safety of all present and future buildings, and the
safe use of them , and providin g for all other matters pertaining to build-
ings and building operations in Bait. Town.
Clause c. R shall be unlawful and subject to the penalties herein-
after provided tor any person , persons, firm of corporation to construct,
erect, repair, alter, add to, move any building or portion thereof , or to
carry on any building operation in the Town, except in compliance with
the terms and provisions of the Code.
Clause d. Inspector of Buildings. The Board of Selectmen annually
in March , and subsequent to tbe Annual Town Meeting, shall appoint
an Inspector of Buildings to bold office for the term ot one year from the
first day of April following and until his successor is appointed and
qualified .
Clause e. 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 appropriation for the Inspector of
Buildings. 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 buildin g in this Town , other than its own.
Clause f. He shall be under the supervision of the Board or Select-
men!, and he shall be subject to such rules and regulations as they may
prescribe for the proper conduct of his office. He shall submit an annual
report In January of each year of the work of his office for publication
In the Town Report.
Clause g. The Inspector of Buildings shall make Inspections of
all Building operations within the Town , and he may, for this purpose,
enter upon premises where such operations are carried on, at all rea-
sonable times, and report to the Board of Selectmen all violations or
this by-law and Building Code, or of the conditions ot uny permit issued.
Clause h. The Building Inspector shall have the authority to stop
the construction of any building, or the making of any altertion or re-
pairs to any building, within said Town, when the same is being done
In a reckless or careless manner , or in violation of this Code, or any
ordinance of the Town.
Clause i. Any person aggrieved by a decision of the Building In-
spector may appeal from such decision to a Board consisting of the
Selectmen and the Town Counsel. Their decision shall be final.
Clause j. The Building Inspector , with the approval of the above
mentioned Board may give authorization for tbe use of construction
or materials not specified in this building code, providing they are ot
equivalent strength and safety.
tMAtjjga)
claUBe ^~A^~
^
;
size to safely carry the i
exceeding the allowable
»^
Clause c. In all Nb„ ,
and other like bulldings J
restricted by the general' .
!'
Commonwealth of Massac)!!
of the General Laws, Terc
Cluse d. Rain water ,
'
upon a Bldewalk, and „„ J
discharge water, snow, |
ce
place dedicated to public tit
Clause e. No building ,
altered to make or Increase
Clause f. Excavations
1
. All excavations sfia
2. All excavations shal
3. All excovatlons ej06(
shored.
4. All excvatlons close
to assure the p'
ubllo i
Clause g. Footings.
1
. All footings must be
2. Minimum footings 8h
1. , Under foundation,
and a three ind,
2. Under foundation,
story buildings, (
Jection on either
3. Under a twelve In
six Inches on eltb
Inches thick,
4. Under all |
ajj;
. M
least twenty |„cl
thick.
5. Under chtaintjn)
on all sides and b
0. All footings stow
resist the superln
the allowable ]m
7. Second floor joist!
8. When attic spat*
usable Tor storajl
future habitable J
as first floor joisl
Clause h. Foundations.!
Minimum requirement J
1
. Six inch thick-ess M
wood frame Btnmutel
2. Eight inch thickness!
ARTICLE 20. To see if the town will raise and appropriate $1500.00
for the improvement of Mill Road from Race Lane to the Newtown-
Sandwich Road. ( Requested by the Surveyor of Highways and recom-
mended by the Road Committee.)
, i
ARTICLE 27. To see if the town will vote to raise hud appropriate '
not more than $4000.00 for the purpose of resurfacing Scudder Avenue
and Hollingsworth Road in the village of Osterville. (Requested by Rev.
Joseph K. Welsh and others.)
ARTICLE 28. To Bee if the town will vote to raise and appropriate
not more than $3500.00 for the purpose of resurfacing Greenwood
Avenue, Hyannisport. (By request of Domenic Saccocia and others.)
ARTICLE 29. To see if the town will raise and appropriate not more
than $3000.00 for widening, draining, and resurfacing Oak Street (also
known as Clay Hill Road and Old Falmouth Road) in West Barnstable.
(By request of Ivar Pelton and others.)
ARTICLE 30. To see if the town will raise and appropriate a sum
of money for the Highway Department for the purpose of improving
the northerly end of Bay Lane in Centerville. (By request of Nelson
Bearse and others.) t
ARTICLE 31. To see If the town will raise and appropriate the
sum of $7000.00 for the further improvement or the parking area at
Craigville Beach.
ARTICLE 112. To see if the town will raise and appropriate the
sum of $2000.00 tot improvement and protection ot the so-called "Loop
Beach" at Cotuit provided the Commonwealth of Massachusetts will
make contribution thereto.
ARTICLE 33. To see If the town will raise and appropriate the
sum ot $4000.00 to be spent under the jurisdiction ot the Selectmen for
the Improvement and maintenance of the town bathing beaches and
common landing places.
ARTICLE 34. To see if the town will raise and appropriate the
sum of $400.00 to repair the damage caused by erosion at the common
landing place at the end of Rushy Marsh Road in Cotuit , provided In-
dividuals will contribute one-half the total coBt of the work .
ARTICLE 35. To see It the town will raise and appropriate the
sum of $450.00 to be used by the Selectmen tor the development as a
bathing beach of a piece of land , now owned by the town , on the shore
of Long Pond , off Pine Street, Centerville , Massachusetts. (By request
of George K. Hihbard und others.)
ARTICLE 3li. To see If tile town will raise and appropriate tbe
sum of $1000.00 to be expended under tho Jurisdiction of the Playground
und Recreation Commission tor the improvement and maintenance ot
tiie beach at the Town Landing at the foot of Lewis Bay Road , and for
the operation of a Water Safeiy Program there.
ARTICLE 50. To see If the town will raise and appropriate a sum
if money not to exceed one thousand dollars ($1000.) to continue the
tvork of restoring, repairing, and Improving the old cemetery at the
j orner of the main highway and Center Street in West Barnstabl e, and
to be expended under the auspices of the West Barnstable Cemetery
Association. (By request of the West Barnstable Cemetery Committee.(
ARTICLE 51. To see if the town will vote to sell and convey for
the sum of $1.00, or 3onie other consideration , to the Oak Grove Ceme-
tery Association the Town's cemetery land In the village of Hyannis
lying between the land now or formerl y of the New York , New Haven
add Hartford Railroad Company and Oak Neck Road on condition that
said land shall only be used as a cemetery and not for profit , and pro-
vided that such conveyance is first authorized by special authority from
the General Court. (By request of Harold W. Williams and others.)
ARTICLE 52. To see It the town will authorize and Instruct the
Selectmen to take by purchase or eminent domain , in behalf of the
town , as a public parking place, a certain parcel of land located on North
Street in the village of Hyannis , being parcel B as '
shown on Land
Court subdivision plan No. 1194 OB, bounded on the north by North
Street 80.50 feet , on the eaBt by land formerly of Irving S. Crocker
147.C5 feet, on the south by parcel A as shown on said plan 95.04 feet,
and on the west by land now or formerly ot Jacob Llss et als, Trustees,
161.53 feet, excluding therefrom an area of land 15 feet In width shown
on said plan as an easement of way, and will raise and appropriate the
sum of $4,500.00 for this purpose.
ARTICLE 53. To Bee If the town will authorize and Instruct the
Selectmen to raise and appropriate the sum of $2,000.00 to Improve for
a public parking place the land described In the foregoing article.
ARTICLE 54. To see if the town will authorize the Selectmen In
behalf of the town to lease for a period ot five years, paying rent there-
fore at the rate of $1.00 per year, from Acme Laundry, Inc., for a public
parking area, a parcel of land in the village of Hyannis bounded on the
north by land formerly ot Mary T. Riddle about 115 feet, on the east
by land formerl y of Cleone B. Chase about 227 feet, on the south by
Main Street 8 feet; on the west by land of Acme Laundry Co., Inc. about
152 feet (said line being 8 feet from and parallel with the boundary
line of said land formerly ot Cleone B. Chase) ; on the south by said
land of Acme Laundry Co., Inc. about 100 feet and on the west by land
or the Barnstable County National Bank ot Hyannis about 75 feet , the
town to have an option for renewal on the same terms for a period of
4 years, and will raise and appropriate the sum of $1.00 for payment
of rent for the first year of said lease. (By request of the Hyannis
Board of Trade.)
ARTICLE 55. To see If the town will raise and appropriate a sum
of money for the Improvement and maintenance ot the parking area
acquired under the preceding article. (Hy request of the Hyannis Board
ot Trade.)
SECTION 11. DEFINITIONS
Clause a. The following terms shall have the following meanings:
1
. "Dwelling ". A residence building designed for or used as the
home or residence of not more than two separate and distinct families,
and having sleeping and sanitary facilities.
2. "Approved. " Built according to tbe rules of the National Board
or Fire Underwriters.
3. "Dead Load." The weight of the walls, framing, floors , roots, and
their contents , and all permanent construction.
4. "Live Loads." Any load , other than the dead load , and Including
partitions subject to removal or replacement.
5. "Bearing Partition." A wall supporting a load other than its
own weight.
G. "Fire Wall." A wall built or.adapated to prevent or limit the
spread of fire.
7. "Partition Wall." An interior wall of a building.
8. "Party Wall." A wall that separates two or more structures
and is used or adppted for the use of more thn one building.
9. "Dimensions." The dimensions ot timber as used in this Code
shall have tbe meaning generally used in the building trades.
10. "First Class Building," Any building constructed of fireproof
materials throughout.
11. "Second Class Building." Any building constructed with Us
exterior wulls of fireproof materials.
12. "Third Class Building." Any building having its exterior walls
constructed in whole or in part of combustible materials.
SECTION III. PRELIMINARY REQUIREMENTS AND PERMITS
Clause a, No person shall erect , alter, or substantially repair any
building or structure without having first obtained a permit for the
same.
1 Exception. Nominal repairs may be made without a permit ,
provided it does not Involve the cutting away of any part of the struc-
ture or the foundation of the building, or in any way Inucrease the
Are risk.
2. Exception . Buildings or structures owned by the United States,
or the Commonwealth of Massachusetts, or any of Its political sub-
divisions.
3. Exception. Bridges, quays and wharves.
Clause b. No building m§y be moved unless a permit has been
obtained from the Building Inspector. No building may be moved into
the Town unless its construction is made to conform to the Building
Code.
Clause c. The Building Inspector may request such plans, specifica-
tions, and structural details as he may deem necessary, before issuing
a permit.
ARTICLE 37. To see If the town will raise and appropriate a sum
not to exceed $0,000.00 to provide sanitary facilities at Hathaway 's Pond
und Joshua's Pond.
ARTICLE 38. To see what sum of money the town will vote to
raise und appropriate and what sum ot money the town will vote to '
borrow and appropriate and what sum ot money the town will vote
to transfer and appropriate from the Post War Rehabilitation Fund
for the purpose of constructing a grade school building In the village
of Hyannis on the town 's land recently acquired on the westerly side
ot Beai-Be's Way, and for originall y equipping and furnishing said
building, and in the event that It is voted that money be borrowed tor
such purposes that the Treasurer , with the approval of the Selectmen ,
be authorized to borrow for and In behalf ot the town such sum author-
ized and to issue bonds or notes or tho town therefor , said bonds or
notes to be paid in accordance with Chapter 44 ot the General Laws,
so that the whole loan shall be paid In not more than twenty years,
or nt such earlier dates as tbe Treasurer und Selectmen muy determine.
ARTICLE 39. To see If the voters ot tho Town of Barnstable will
rulse and appropriate the sum o
f $23,700.00 to the Barnstable School
Department for the purpose of raising the ' teachers' salaries. (By re-
quest of Peter F. Nelson und others.)
ARTICLE 40. To see If the town will vote to extend the lines of
the sewerage system in th village ot Hyannis In and under Charles
Street from its intersection with Barnstable Road and Centre Stret ,
running westerly to Winter Street , a distance of about 857 feet , und
that betterment assessments lie made by the Sewer Commissioners
upon the land and the owners of the land within the territory served
by this extension according to Hie frontage of the land on the way where
the extension Is made at a tlxed uniform rate of two dollars ($2.00) per
front foot to defray a part of the cost of the same, and that the town
raise or borrow and appropriate the sum of $15,000.00 for the purpose
of making such extension. \
ARTICLE 50, To see if the town will vote to authorize and direct
the Finance Committee lo undertake a survey ot the organizational
structure und departmental structure of the town and to report thereon
at the next annual town meeting and to raise and appropriate for such
purposes the sum of $5,000.00 to defray the neceBaary expenses ot such
a study. (By request of William Daniel Knott and others.).
ARTICLK 57. To see if the town will accept the provisions of
Section GA, Chapter 40 General Laws. (By request of Clyde A. Harding
and others.)
ARTICLE 58. To Bee If the town will provide a sum ot money
not to exceed one thousand dollars ($1000.) for the purpose of adver-
tising the resources, advantages and attractions ot the Town of Barn-
Btable. (By request of Clyde A. Harding and others.)
ARTICLE 5». To see if the town will raise and appropriate the
sum of $500.00 to be expended under the direction of the Selectmen
for Band Concerts.
ARTICLE 00. To see If the town will vote to direct that suitable
markers be placed at proper points on the highway to show the loca-
tion of ull places on our shores and ponds to which the Town has
rights of access. (By request of Elmer S, Whlteley and others.
ARTICLE 01. To see If the town will vote to direct the Selectmen
to divide Precinct No. 3 (Hyannis) into two preclnctB under the pro-
visions of Chapter 54, Section 0 or the General Laws.
ARTICLE 02. To see ir the town will vote to raise and appropriate a
sum or money to be expended by the Selectmen for the improvement of
the town property set aside by the Town of Barnstable for school and
church purposs located in the village of Barnstable and bounded on the
south by County Roud known as Muin Street; on the north by the ceme-
tery ; on the eaBt by the church and the west by the village school by
making a new entrance, grading and surfacing. (By request ot Lois
N. Tulloch and others.)
Clause d. The Building Inspector may request such information
from the upplicant as concerns the proposed erection or alteration for
tbe prevention of fire, and for tbe preservation of life, health, and morals,
und may acquire such charges as he deeniB necessary.
Clause e. A building permit shall become void if work is not
started within 90 days from the date of Issue. A new permit will
tbereafterward have to be obtained before work is begun.
Clause f. All building permits are subject to the approval of the
Board of Health.
Clause g. No residential building Bhall be built that does not con-
form to the definition of a "Dwelling" as set forth under Section II.
SECTION IVi RESTRICTIONS AND BUILDING LINES
Clause a. No person shull erect any new building or alteration
to an existing building nearer than five feet to the lot lines of his land,
nor nearer than ten feet to any other building .on the same lot.
Exception. A new commercial building or an addition to an exist-
ing commercial building may he built nearer to the lot lines of the
land, if such structure or addition is of fireproof construction, and with
no openings.
Clause b. No person shall erect any new building or an addition
to an existing building nearer than fifteen feet to a public way or place
dedicated to public use.
Exception. A new building or an addition to an existing building
may be built nearer than fifteen feet to a public way or place dedicated
to public use provided approvul IB given by the planning board and the
Board of Selectmen , and a survey is made showing the exact location
ot the lines ot the public way or place dedicated to public use.
SECTION V. OENERAL PROVISIONS APPLICABLE TO
ALL BUILDINGS.
Clause a. All buildings hereafter erected Bhall be built with sills,
posts, girts, and plates properly braced and framed so as to develop
the maximum strength and rigidity consistent with the purposes for
which they are to be used.
3. Eight inch thickness
more than eight feet!
of foundation wall i
thirty feet to eaves
4. Twelve Inch thlcknei
more than eight feel
5. All foundations sha)
safely resist the stipe
able working strengt
Clause I. Piers for girt
1
. Girders must rest os
2. On block foundations
to form solid benrla
3. Pilasters not leszM
built to receive pm
Clause j. Foundation »1
unexcavated spaces.
Clause k. All chimneys
proved type.
Clause 1. No wood sha
Clause m, The distance
not exceed the following (or
1
. 4 x 0 5'
8 x 6 6'
4 x 8 6' 4"
2. For one and a halt
the above distances.
Clause n. Wood floor )
1
. Where joists frame
a bearing strip spfk
2. Floor joists tamed
four inch beaitas wd
3. Floor joists shall be 4
to the floor joists.
4. All headers over In
5. Floor Joists shall til
or stronger stock ll
6. Maximum spans for
forth by the "Archi
Clause o. Maximum sp
the following:
1
. 2 x 4 8' j
2 x 6 13'
2 x 8 16'
2. Ceiling joists, it I"
3. Collar ties shall W
Clause p. Wood rail"
1. The maximum spt-
set forth by the "J
2. Truss construction
comparable to (he
spector.
3. Rafters on roofs '
inches shall be fir
Clause q. Exterior «
1. Studs shall not 1*
not more than si*
2. Headers over all «
the following:
1
. up to 4'
6tt'
V
over 7'
3. In lieu of nestle*
4. Studs In exterior I
vlded they do «*
B. Studs shall not *
,rie
6. Floor joist on f
*-* '«* JJ.
lng on such ""
^
7. Where studs e*ce
inch girt «^ w
Clause r. Plate*
!
. All top Ptot.» '*
doubled, which •»
Clause s, interior "
1
. All bearing P^' ,
four inches se
,ncbes on cente'