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HomeMy WebLinkAbout1946-05-02REGULAR ~iEETING OP THE BOARD WAS HELD ON THE ABOVE DATE WITH SOVERINO, GLIDDEN,RAY ,AND S]~IT~ PRESENT THE TOWN ~ACCOUNTANT suBMITTED TREASURY ,~ARRANT '~l8 SHOWING T~ ~ILLS p~ID,~ '~ ~AU' '0~ THE TO}~ OP 'N~TUCXET TO ENTER i'~D USE ~IRPORT pREMISES SUB~C~ TO THE WEATH~ B~EAU' S USE ~D 0COUP~OY OF THE ~dINISTRATIO~ FORH,~L P~MIT X. ~BII~US ~D ROWLEY,TEE T0'~S G~BAGE CO~0~e~ ~E~HER WI~ ~ERT PEE ~RE BEP0~E T~E, BO~ TO THEM ~INEoRI~D T~ P~TIES THAT TH~ t~TTER WOU~ BE T~EN UNDER ~VISE ~RTiNDALE C OFEIN WAS PRESENT TO INFORM THE B0~D TEAT HE H~ CONEERRED WIE ~.ROUNSVILLE IN REG~D TO HIS PU~ING EE SCONSET DU~,~ iN 00NDITION ~D 'WAS INFORL~D'THAT IT WOU~~ T~ THREE DAYS;THE B0~ AGRE~ THAT ~ ROU~SVIL~ BE REQ~ST~ ~JOHN H.HALL~ ~EC'Y O~ THE ~%ECUTIVE CO~ITTEE~,0P THE sELECT- i,~'S ASSOSIATION WAs~pREsENT TO CONF~ IN THE }~TTER.~ ~H~VEY~ A.YOUNG ~ GR~TED A RENEWAL 0~ i SO~T DRIllS LIC. OPER SIGHT SEEING BUS . '~' 'THE B0~D RECEIV~ A REPORT AS OP I~Y lSt,PR0m THE ~owN ACOOUNT~T RELATIVE TO DEP~T]~NT'S B~OES. L~ETiNG ~JOURNED AT 10150 p.m. }~ETING WARRANT ~' THE TOWN JSE ARB GE C RATES SC ONSET DUMP JUNE ' SELEC ~,{ENS ASSO0( LICENSE LICENSE DEPERRED ~ALANO ES 0P DEPT' : '~ ACT TO-PROVIDE HOUSING FOR ~RANS OF WO~D W~ II,- .cities and-towns of,the co~onwealth and'on .such .shortage ~any veterans of World War~ II are unable to 0b- tain sheIter for-themselves:~d'.t'heir families, ,and this ~ I 1 , shortage is ~ikely to :-continue for a substantial period of time; 'and inability t& obtain adequate 'shelter will 'cause'("?. ,. 'suffering and'disease"~ong'such veterans and their;f~ilies~ ':'~ 'unless such' shortage is relieved, therefbre,this-abt is de-"',' .'clared to.be an emergency la~',~,necessary, for the.i~ediate' ,.~., ~preserv~tibn of. t~e public health and c~nvenie~ce, '~'-'?~'SECTION 1.~Chapter thirteen of the"a~ts'of nineteen h~-. '~dred and forty-six is hereby rePealed 'but nothing in this 'act.shallmaffect the validity of-any action taken under au-?, 'thority of said chapter thirteen prior.to the~ effective date ~ housing'exists in many of the~c'ities and'towns of the ....... , veterans .ofof monwealth; that on'account' of such shortage man~ World War Il'are unable to obtain shelter, for themselves a~d-' '"their f~ilies regardless ~f [their ability.to ~pay for such.~ '. '~helte'r;'that'on ad count of'the~ex{ent of the deficiency in :. 'housing and' the difficulty in'obtaining building materials it - is likely, that ,this.'.shortage will': ~ontinue for a~ substantial '-. . /::..perigd; .that on this account,a tide.of public exigency,~ '-,..gency and'distress now 'exists"so'that the .providing of sh~l~er ~is,a'public function; and each, cityo~ town'in which such shortage exists,is hereby authorized)tO' provide ?sheiter:~for ~'. ~'~. such of its i~habi~nts as~are veterans of said war'in the~['~':,. '-"manner hereinafter designated-for ~a/1period of ~five years~from ': ,/,,the [date ,when ,,this",' act ~ becomes operative'-unle ss 'the' general',,- court,shall: previously'."d~termine ~that/the time of public ex- :.../igency, emergency and'di~tregs,has ended,']which' period is here- ~.quires, the following words shall' have the following.meanings:' ~.,. ' ~TE~-~- A man or woma~ who 'serVed 'in the ~rmy or navy ~;'~f -'~he United ~States '~ at' ~ny, t~me '.on or ~ after. December seventh,. /nineteen hundred and' forty-one ~and before ' the ..conclusion' of ',::~-;," ,World War II and' has been separated therefrom ~der conditions other .than dishonorabl'e~'~ .The term. shall also' include .the widow , ' or,the mother of a man. who'so,served~and'wh° died while in ' 'such service and .the wife of a man who is still~serving in ~ ..,.~, ,'~. T~ BY EMI~NT DOI~IN--urTake' by, eminent domazn .~der chapter seventy-nine or chapter eighty A of the.General La~s either' a' fee' or' rights' less extensive .than a fee either ~ith respa'ct to the interest,taken or .the duration of such. rights or both;'.:'~ - ~i~T_.LL,LA .hOUs~ apartment,. ~suite of rooms or~' room,-occupied or .designed'or available for occupancy as a place of abode by one person, .or by two, or more'persons.close- ly related by blood or marriage living together as a family. - ~ ..- 'may~raise~ ap~ropri~te~and expend money and't~ke sUch'other~' ~ ~ ,action as is suitable and. necessary for thc.purpose'of pro'~:' J~l~ viding shelter for veterans who are inhabitant,s of such city '-.' ~(a). By-establishing'an i~formation centre~in Which the:. "'. dwelling units in such city or town available for veterans ''will be:listed' and veterans will be 'advised and assisted in,.. 'establishing contact with the persons in.charge/of the.:selling 'er ren~al"ofisuch.dwelling units~and in'determining whether,a ........~ ~dwelling'unit offered t'o a veteran~is suitableTor him at the ' pric.e or rental charge .,~, ,~,,,.....,~ · ,,. ........ ,.,~ ......... ,.-~.,.,~,, ~ . ~ -.:'.?(b))'..-By causing an i~vestigation'and-survey,to be~made for ..'.. -"'. the purpose of determining'the probable requirements foridwell- .' '~,L'ing~units.~at.the.time of such investigation and survey .' the-succeeding.years'or,veterans and'other ~ersons.who arc'in- .'~ .'.'. habitants of such city Or town~"the number of'unoccupied dwell~ ~ ~ ing units ~n such city or town that are available.for 'or/that.may.be made availabl4 for occupancy,':and the number of .. ' additional dwell'ing units, if any,..that wil~ be required.to ./'.'.. meet such requ~ements;"for both temporary and permanent occu-' · ':~'.'-' v::pat[on,.and,,.if..a'deficiency, in available.dwelling~units is "' found to exist,:of recommending means for~overcoming~such'de-'' ......... ' ....... ~ '.-(c):..' By purchasing, leasing or acquiring'by-gift,.or, y'-'" ' 'taking by eminent'domain~ buildings or portions of.buildings · available or which may be made available.for, dwelling unit . ii~ .~:~'..for.veterans and,-if necessary, altering,.reconstructingj.~'re-)''1''~.'.'''~ ' habilita'ting;' repairing and remodelling..such'.buitdings.,or por- ~ tions:thereof so a~ to provide the.greatest number of'suitableJ dwelling units.reasonably possible;:and~enting such dwelling . ~ 'units to.veterans at reasonable rat~s; provided,"that no build-. .ing or portion'of a'building o'ccupied as a-dwelling unit~shall :.' (d) 'By purchasing,'_leasing or'acquiring by gift or.by taking "by eminent domain one or more~tractsJof land which~are!entirely or almos~ entirely unodcupied by buildings,'. .prepari~g~such, . tracts) . for'ocbupancy as'herein provided,' and permitting veterans-to[; · occupy such.tracts wi~h dwelling'un~ts-of:a'~t~mporary nature;~/'-''.'''' suck.as' portable"or pre-fa~ricated'~ouses~-..cabins,'.'huts or / .... ' . ' trailers; or by itself providing such'dwelling units of . them through purchase, le~se;~gift or grant.wherever/t~ey. 'be found, mcausing them t0.be-transported-to, the tracts so quired and to be.set-up'and made,ready for Occupancy. '.]Dwelling -units o~,a'temporary nature wheniprovided'by~a.city 9r,town may ,'- ':consist'of separate'apartments in a,building.designsd to con-. "tain two or more dwelling units. Reasonable rates shall, be /~- '/" 'charged 'for occupancy of land,'b~ildings or other structures'"~ ; .:~: (e): By. using any real ~sta~e,-which it has acquired by ~orer 'closure' of. tax titles or in'any other way.:in'whidh'is not'dea ':" ~,,~ '-voted to and required by any other'.public:.uSe;;for'any, oft-the ':' ?':::',. 'purposes[set forth in paragraphs.(c):and (d)'of this section, . ~. '' SECTION.5;. Tho"board of appeals from the decisions of the'inspector of buildings of 'a city cf..town;' if it finds that buildings or other.-structures~constr~cted or·assembled~under_/ the provisions of. paragraph:(d)'of section four;~'~or altered, '~. -- reconstructed,.rehabilitated;"repaired'or remodelled~under:the provisions of paragraph (c).of.said section, may be occupied. and used~as therein provided without'endangerin~ the safety of the occupants or injuriously affecting the best interests of the city.or town .although the provl~zons . . .', ~, .... 'ordinances, by-laws and regulations relating ~o ~oun p±annzng, the subdivision and use 'of land, the construction;" repair, tenance and use of buildings may not be complied with, may au- thorize, under such conditions as it may impose, a variance fr0~'~ the requirements of such statutes, ordinances, by-laws and ragu-. .lations.~ The proceedings before a board of appeals under this section'shall be summary,"and shall not.be governed.by section thirty of chapter forty of the.General Laws and the determination of. the board shall be final..~ In any city or town in which there... .is no such board of appeals, the~mayor of the~city or the~.select- men of.the town may appoint a board of appeals,~which shall have all of the powers of a board of appeals under this~section~-. board of health of such city or tOwn, if it ~lnd that.the attend- ant ~sanitary~conditions are such that~the buildings and'structures may be occupied as provided in paragraph (c) or paragraph'(d)~of-~- section four without endangering the health of the public· or,of' .~ the occupants or'such buildings,~alth°ugh all of~the statutes, ordinances, by-l~ws and regulations relating to the protection Of ~ under the puul~u ~-~+~ o~ ~n% be complied with, may authorize, such conditions as.it may impose, a variance[from the~requ~remen~ of such statutes, ordinances,~bY-laws and regulations. Within ',sixmonths after the termination o£ the'present emergency all of 11SUOhbuildings and structures~which~do not comply with the provi- sions of.all of such statutes,' ordinances, by-laws~and regulations shall be destr.oyed or removed, or remodelled in such a way as to comply with'all of such statutes, ordinances,.by-laws and regula- ' or use'of land which does.not so comply shall be unlawful and shall be discontinued.' : · ~ ~ ~ tions, and any subdivision ~iSLCTi0N 6..~s~jedt to the'Provisions of~secti°n"seve~''a city or town may also during the present emergency,.raise, approPriate and expend money and take such~other action as is'suitablq~a necessary for the purpose of providing shelter for veterans who.'- are'inhabitants of~.such city. or town~ by purchasing or acquiring: by gift or by taking by,eminent'domain one or more tracts.of o2 sufficient Size for a housing development, or'by-using any such': -tract to which'it~holds,title''and which is~not devoted to and re- quired by any.other public use,~ subdividing 'such tracts into par- cels or.adequate.size for house lots,.laying out and providing or. causing~to be provided ~ays, public and'private,' and other public utilities for.the us~ of~the.d~velopment,'to such.extent~as it~ deems necessary or advisable, and either ....... · ?~"~,~ .~.f (i) Selling such parcels to veterans at'reasonable.rates on~ Conditions.requiring in each case the erection'within a~specified time of a'single~or.two family residence thereon'~for the'OCCupancy. in whole'or in part of the veteran purchasing.the'same. ~"--~ .~. ' :(2)'-Selling parcels to corporations,and'individuals''generally' on"condition that.the purchaser agree to erect a single'or .family residence on each'such parcel within a~specified time, and offer~to'sell'such residence .to'a veteran at a reasonable rate'or to rent such residence to one'or to two veterans~~as the.case may be, at reasonable rates, m~. ('~ '-~hJ'~ ................ ,~ ~, (3)~ Constructing single or two'family residences-°n~such '~ parcels, ~suitable for dwelling units for v~teraus, and renting such dwelling units'to,veterans at reasonable r~te~;'provided, that as'soon as may be~after the termination of. ck~.'pressnt emer- gency, as defined in section two,-and in no event later than one year after such termination, such residences'shall o~'offered for sale at the fair market value thereof and dispoued of as rapidly as is consistent with sound business'judgment. ~ - ~ ' ~.'~-A citY'or town Which' Sells land U~der[the'p~ovisi0ns ~0'f par- agraphs~(2)~and:.(3) shall, include in every.deed of'such land' conditions binding upon-the purchaser~and his representatives and assigns which will require the~carrying out of the purpose of.this act until after the termination of the present.emergency. ~,.~.'Nothing in this section shall authorize the subdivision and use of land or%he construction,'maintenance and use of'buildings in any.city or town under this'section,'in violation of any: statute, ordinance, by-laTM or. regulation in force in such city or town and in the district in which such land and buildings.are lo- cated.. -: '- " ', ..... ,; 'SECTION 7.~ No,expenditure ~Shail be'made by any,'city or town, in'carrying out the provisions of section~four;"of~more than~one thousand dollars.in any year without the approval of the state~ 'board of housing. No action shall be taken by a city or.town '~ .under section~six unless, upon application by such city or town to the state board of housing, said board determines that an acute 'shortage of housing exists in such city or town; that veterans are. .unable to obtain shelter for themselves and their families regard- less of.their ability to pay_for~the same; that this shortage is not-being relieved by.the ordinary operations of private enter-. prise and that it is unlikely that it will be relieved within a. reasonable'period of.time; and that for such reasons a condition~' of public exigency, emergency and distress exists in'such city ;~1 or town which Canmbe relieved only by action of such-city or.town. under.section six. .Upon such application by a city or town.said board shall hold a public'hearing in such,city or town at which' any inhabitant or other person~subject to taxation in'such city or town shall have a reasonable opportunity to present facts and 'arg~aents in favor of or against:the granting of the application. 'The decision of the'board upon the application shall be.final. ..;'"'SECTION 8. ~in 'carrying out.the provisiSns of this"aCt/'any. City or town in which a housing authority has been organized ,- under.:sections twenty-six L andi'twenty-six M of chapter one hUn- dred and~twenty-one.of the General'Laws shall use such housing ~authority..as. its'agent,'and all'moneys appropriated'under this ~act or received.by such-city or town for the purposes of.this~ 'act'from any source shall be paid~to~the treasurer of the~au- thority, and shall~be 'disour~eG~by him subject to section~twenty- six EE of said chapter...Inlany~other city or towu the'city?. council'~ or the town at its annual town meeting or at a special'~ meeting called for the purpose,~".shall designate~the board or of-~ ficer~to~carry out the-provisions or.this act/or may establish ~a new board or office for the purpose. ~'Where no housing authority has been organized the funds'av~ilable.'for the purpose of this . ,~i.~asurer but. · act shall be in.the-custody of the city or.town shall~be kept separate from other"funds. ~All moneys received .from the operation of this act'shall be available~for.the pur- poses.thereof and~used in accordance with any agreement duly.~ entered into with the United States government or any authorized agency thereof, the~provisions of section fifty-three of chapter forty-four to the contrary notwithstanding .... ~-'SEcTioN 9~ The-authority, board~0r officer authorized by a city or.town to carry out the;provisions of this act~shall de- termine in the first instance reasonable rates for rents and prices.to'be charged to veterans under paragraphs (c) and (d)' of sectfon'four, and.under section six, which shall~be no higher than the limits imposed.by any~applicable~federal regulation. In such determination bhe cost of the property or services sold, rented or furnished, the price of similar property or services. in the open market, the value thereof to the veteran purchasing or renting .the'same and the ~.ability~.of~veterans generally~tO ' ~' pay therefor~may all'~be ~considered; %~Unusual~ifactors ~due ~to the present~ emergency.: itself may .be ~disregarded/~-~ The rates fixed.shall be'~th~ smme whett{er they.are to ,be charged by_the.~ ci~y~ or .town'or by private individuals and corporations ~under .... ~auth~rity of this act ~b~*~y person~aggr~eved~by~the -determine' tion of reasonable ~rates under this section;~ or .ten~taxable ~:d> L.. ~ inhabitants of~.such city or town, may appeal'~to the state bQard~ of housing from such determination within ten days after it has been made; end'the decision of such board upon questions of fact shall be final. ~ ' "SECTION 10. A city or'~oWn may incur-deb~.~tO,mee~ expenses"-~ constitute a'separate.loan, and such loans~shall be~paid'in not ' ~'-~.(~(>~'~/~'more than five~years from their~dates, exc~pt~that~l°ans~f°r the~ purpose of carrying Out the provisions~of~section~'six shall~be~ ~paid in~ not more than fifteen years~from thei~ 'dates. ~' Indebted- ness ~incurred under this act ~shall be out~ide the ~stat~tory limit ./and,~ except ~as previded herein,1~ be subject to~ the~applicable pro- ~'~ ~visions of chapter forty-four of the General Laws~excluding the limitation~contained in the first'paragraph of section seven there- ~?of ; provided~that' the total~ ~ount of indebtedness~under this act outstanding at any one time in any city.or'town shall-not ex- ~ceed two per cent on'the average.of~the assessors' valuation of its taxable prop~rty~for the three preceding years, ~-reduced and otherwise determined as provided in section~ten of said chapter. any of the provisions of .thisL. act'may receive grants or gifts · -.~':from the:United States gover~ent;~ or any federal-agencY,land, the. buildi.~;-:~:<?-. co~onwealth or any person or corporation,~/of money,' ..?.ings,~ ~structures,'. materials, ~ furniture, equipment'or ~'other 'property. or services,.'and may. cooperate with the-United. States. gover~ent, :or any federal'agency, the~ co~onwealth,'.-or any.person or corpora-: tion,~' in Carrying out the provisions of.this ac~,~ as a join~_ enter-: .