USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1946-1950 > Part 5
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Much criticism has arisen because nearly ten months elapsed between the date of the original vote to build the bulkhead and the date when the Selectmen de- clined to enter into a contract for the construction of the bulkhead. May I beg your indulgence while I give you a brief resume of the problems which confronted the Selectmen.
The original article which appeared in the 1945 town warrant was placed therein by petition. The Selectmen acting as a finance committee, did not approve this appropriation. Nevertheless, the Town voted to build the bulkhead.
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We proceeded to secure engineering data and plans and specifications for the building of the bulkhead. Mr. Nass had prepared and submitted to the Town a plan and tentative deed. These were not satisfactory, and a revised plan and deed were prepared and sub- mitted by Mr. Nass on August 10th. A further revision was required and was made.
The Selectmen had prepared and filed with the De- partment of Public Works a petition for permission to build. The order of notice was published on August 9th and a license issued on October 2nd.
The Selectmen mailed plans and specifications to various contractors, and on October 11th one bid had been received .. Upon request, the time for filing bids was extended to November 15th.
As a result of the one bid filed on October 11th, it became apparent that the March appropriation was insufficient to build a proper bulkhead, and a petition was filed by Mr. Nass and others, asking for an addi- tional appropriation. The additional sum was voted at a Special Town Meeting held on November 9th.
The extended time for filing bids closed on Novem- ber 15th, with one more bid being received.
There was one step left to take, the preparation and the awarding of a contract. At this point the Town Accountant raised a question as to the legality of the entire appropriation, and requested advice from the Division of Accounts.
We visited the office of the Director of Accounts, and tried to present the picture in a fair and unbiased
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manner. We believe we were entirely impartial in pre- senting the facts to him. As a result of our visit and other information presented to him, the Director of Accounts mailed the following letter to the Selectmen :
Letter from Mr. Theodore N. Waddell
"In accordance with our conversation at a meeting in my office in which we discussed the appropriations voted by the Town for re-building a breakwater, I must confess that, while I thought I had an under- standing of the problem, with a more careful study of the blue print, and also information that has been supplied me both in writing and by visit from other citizens of the town at the office, I am very much con- fused as to the exact position which the Town is in so far as these appropriations are concerned.
In the first place, towns can borrow for the building of walls or dykes for the protection of highways or property, and so far as I know the towns have con- fined their borrowing and expenditure to the pro- tection of highways or town property only unless a large section of the town is involved, as is the case where sea walls are constructed, and that actually pro- tect, not only the highways, but likewise protect pri- vate property in which the town has a substantial in- terest in view of the amount of taxes that could be collected on account of it. In my memoranda I had a statement to the effect that no highway or town prop- erty is protected, only the natural erosion of the prop- erty is stopped by this sea wall.
The blue print indicates that probably 15 to 17 feet of Washington Street lies between the 3 or 4 feet of Washington Street where the sea wall begins, and I
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assume that actually it will be attached to and become a part of the abutments of the bridge, but only a very small part of the private property remaining will be located on the highway, and it does not seem to me that you should spend town money for protecting prop- erty on which an individual is the entire benefactor, unless it can be shown that the conditions causing erosion are the result of some town improvement. Naturally, I believe that if the erosion can be at- tributed to, or is the result of, highway or bridge con- struction which affected the channel of Blue Fish River, the Town would be authorized to offset the re- sult of the damage by protective measures.
If this wall protects a single piece of property as- sessed at some $3,200.00, and the cost of the wall will be $5,500.00, there certainly is no justification for the expenditure of public money for that purpose, but if private property is being damaged as a result of some- thing the Town has done, and the erosion is not natural, but rather the result of some town improvement, they unquestionably could do one of two things: they could either expend the necessary amount of money to over- come what they had done, or, settle the damages by a cash payment.
My attention has been called to the elimination of an unsightly condition, and from my point of view that is no justification for the expenditure of public money, unless the condition is on town property.
My notes regarding the conference state: "No high- way or town property is protected and only natural erosion of the property is stopped", and in that case it would seem clear that the wall was for the benefit of an individual rather than for the public; but if the
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other elements above described enter into the prob- lem, it may cause a different answer, and I regret that both the oral and written statements are somewhat in conflict, which makes it difficult for me to make a posi- tive statement as to the legality of this appropriation".
Very truly yours,
(signed) THEODORE N. WADDELL,
Director of Accounts.
We felt, and it was the opinion of Town Counsel that Mr. Waddell's letter, while it was advisory, rather than directory, was sufficient to make us hesi- tate before contracting for the construction of the bulkhead.
We felt also, that it would be advisable to obtain some engineering data concerning the alleged un- natural erosion. The engineering data for the plans and specifications were prepared by Ray O. Delano, and therefore we questioned him concerning the effect which existing structures would have on the stream or channel, as well as concerning the protection af- forded to the bridge abutments by the proposed bulk- head.
He supplied us with the following opinions :
"(1) Defining the abutments in this case as the supporting structure for the arch,-there can be no protection or support provided for said abut- ments by the construction of the bulkhead as now
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planned, the reason being that the new bulkhead would be too far away from the northerly abut- ment to provide any support to the fill directly in back of the arch and said abutment. However, that portion of the stone facing on the easterly side of Washington Street which would be cov- vered by the bulkhead and fill would of course be held in place.
(2) I do not believe the timber bulkhead adja- cent to the Fire Station has any effect on the course of the river because of the considerable distance of the nearest part of the bulkhead from the center line of the stream. I am of the opinion that the only elements which could change the course of the river would be the nature of the bottom and the velocity of the water passing over it; for instance, if the bottom of the river on the north side were originally sandy, and the south side were made up of rocks or stiff clay, I would expect the north side to be scoured out, thereby deflecting the course of the river in that direction.
(3) I do not believe the flooring under the arch- way has any effect on the course of the stream only to keep it going in a straight line at a high velocity. The floor and the narrow waterway form a restriction which increases the velocity of the water passing through it. The only other consid- eration is the considerable drop-off at the lower end of the floor or apron. This may have started a scouring action which ultimately changed the course of the stream".
He also advised us to get the opinion of the County Engineer, which we did.
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The following is an opinion submitted jointly by Edward A. Graustein of the J. R. Worcester & Co., and Louis W. Perkins, County Engineer: Dear Mr. Delano:
Following an examination of the area adjacent to the Town highway bridge over the Bluefish River under low tide conditions on the afternoon of February 27th in company with Mr. L. W. Perkins, we submit the following opinions and facts :
History of Structures Adjacent to River Bridge:
The Bluefish River Channel at this point has appar- ently been unchanged for many years. In about 1776 a grist mill was built on the site of the pier on the southeast side of the bridge indicating at this early date that the stream was confined at or near the pres- ent highway bridge.
Your Board has informed us that the highway bridge was first built around 1800. The date of the present bridge is 1882 and there is no evidence that its location was changed from the earlier bridge location.
There is no evidence of any change in the location or reconstruction of the southeast pier sufficient to change the conditions, nor is there any evidence that the timber apron under the present bridge has been altered in height or extent, materially enough to change the conditions of stream flow.
There is evidence that a wooden bulkhead or pier entirely on the Nass property northeast of the bridge once lined the channel and we understand it was used for private commercial purposes. It is apparent that
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the line of this bulkhead is within the stream limits and that at the time of its construction the natural bank lay to the northward. It is our opinion that the bulkhead has been in place for at least 60 years and, as constructed originally or later backfilling was placed up to the present ground surface level between the natural bank to the north and the protecting face of the bulkhead to the south.
The maintenance of the facing of the bulkhead has been neglected and most of the longitudinal timbering above water and all of facing has long since disap- peared due to natural rot and decay, leaving the filling once placed behind the bulkhead with little or no lat- eral support. Some of the cross timbering is still in place and helps to support this filling which now stands at a slope greater than the natural slope of the ma- terial.
Town Property Adequately Protected :
It is our opinion that the highway Bridge, including the causeway approaches and retaining slope wall ad- jacent to the Nass property is of proper construction to take care of the tidal flow in Blue Fish River with- out causing erosion effect to abutting private property and that these structures are themselves in good con- dition and require no remedial work. The same state- ment holds true for the pier southeast of the bridge.
Nass Property :
It is our opinion that the condition of the steeply sloped fill and remains of the old bulkhead on the Nass property is better because of the Bluefish River
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than it would be if the same condition were removed wholly to dry ground.
The facts are that this filling lies on a slope greater than the natural repose of the material. It is now re- strained to some extent from sliding by the longitudi- nal cribwork which will remain indefinitely below low tide level and by the remains of the cross timbering which will rot out eventually, but more slowly under water than above it.
If this steep fill were wholly above water all the timbering would in all probability have long since rot- ted out and the wholly unsupported fill would have resumed its natural slope.
No protecting wall can be constructed which will eliminate water entering the cellars of the Nass prop- erty or that of any other property similarly situated.
It is our opinion therefore that the condition of the river bank of the Nass property is not due to stream erosion but is due to the neglect of the owner and prior owners in failing to properly protect an artificial struc- ture built out from the original bank of the river.
Very truly yours,
J. R. WORCESTER & CO.,
By Edward A. Graustein.
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I have examined the site with Mr. Graustein and be- lieve the above letter summarizes the essential facts and agree with the conclusions drawn.
Very truly yours,
LEWIS W. PERKINS,
County Engineer.
We then obtained the following written opinion of
A. Perry Richards, Esq., Town Counsel :
Gentlemen :
This will confirm my oral opinion to you of some several months ago.
You have advised me that the Town has, on two oc- casions, made appropriations totalling approximately $5,500.00 for the building of a bulkhead at Blue Fish River; you have advised me that the construction of the bulkhead would serve no public purpose; that it would afford no protection to the bridge or highway and, further, that no protection to the bridge or high- way is required; that the bulkhead would serve only to protect the property of an adjoining owner whose property is assessed for approximately $3,200.00. You have advised me, too, that nothing that the Town has done in connection with the construction or repair of the bridge or highway has resulted in any damage to the adjoining owner.
In my oral opinion I advised you, and I am now of the same opinion, that if the construction of the bulk- head would serve no public purpose; if it would serve only to protect the property of an adjoining owner, the
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Town had no authority to appropriate public funds therefor and the Selectmen should not enter into a contract which would result in the expenditure of pub- lic funds for such purpose.
The Town can vote money only for public uses; it has no right to devote it to private purposes. However meritorious a project may appear to be, whether in its practical, theoretical or sentimental aspects, if in its essence it is a gift to an individual rather than a fur- thering of the public interest, money raised by taxa- tion cannot be appropriated for it.
Municipalities have no authority to appropriate money as gratuities to any persons no matter how strongly public sympathy may move in their favor. Whittaker v. Salem, 216 Mass. 483, and cases cited.
Very truly yours,
A. PERRY RICHARDS.
Under Article 28 which reads "Will the Town vote to accept from Arthur W. Bennett and Ruth M. Ben- nett a gift of land at the corner of Tremont and Parks Streets, for the purpose of improving the intersection of said streets."
Voted no action be taken.
Under Article 29, Voted that the Town accept from Ida F. Bailey and Helen Bailey Cushing, Trustees for the benefit of Barbara E. Bailey, a gift of land at the corner of Tremont Street and Chestnut Street for the purpose of improving the intersection of said streets.
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Under Article 30, Voted to raise and appropriate the sum of $635.00 for the exchange of a truck for the Highway Department.
Under Article 31, Voted to raise and appropriate the sum of $12,000.00, said amount to be used in con- junction with funds provided by local interests, and the State and Federal Governments, for the purpose of enlarging the basin at Mattakeesett Court, and improv- ing the channel.
Under Article 32, Voted to instruct the Selectmen to appoint a Committee for the purpose of investi- gating the advisability of promoting a project for an aviation and landing field, and the possibilities of se- curing State and Federal financial aid, with or without the cooperations of other Towns; said committee to be known as the "Airport Committee", to report to the Town with its findings and recommendations from time to time, and raise and appropriate the sum of $100.00 for the expenses of the Committee.
Under Article 33, Voted to rescind the vote taken under Article 17 at the annual town meeting in 1893, which read as follows: "Voted, that the warrants be held open until fourteen days before the day of Town Meeting".
Under Article 34, Voted, that the Selectmen be in- structed that the Warrants be held open until twenty- one days before the day of the annual Town Meeting.
Under Article 35, Voted to return to the treasury the following unexpended appropriation balances : Fire Siren, $141.50; Hydrant Rental, $150.00.
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Under Article 36, Voted to raise and appropriate the sum of $350.00 to be expended under the direction of American Legion Post 223, July 4th, Duxbury Days Committee, in connection with this year's parade and celebration.
Under Article 37, Voted to raise and appropriate the sum of $850.00 for the exchange of a car for the Police Department.
Under Article 38, Voted, unanimously, to raise and appropriate the sum of $10,350.00 for the purpose of purchasing a pumper and necessary equipment for the Fire Department.
Under Article 39, Voted to raise and appropriate the sum of $1,200.00 for the purpose of bringing the As- sessors' Map up to date.
Under Article 40, Voted to raise and appropriate the sum of $8,000.00 to be used by the Elementary School Building Committee for the preparation of com- plete working drawings and specifications, for a new elementary school building, the cost of which shall not exceed $300,000.00.
Under Article 41, Voted to authorize the Selectmen to appoint a Committee to compile or formulate by- laws for the Town of Duxbury.
Under Article 42, Voted to authorize the Selectmen to sell to Joseph L. Johnson, for the sum of $50.00 a small triangular parcel of land on the westerly side of Depot Street, containing approximately .08 of an acre, and being Lot 21 on Block S of the Assessors' Map.
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Under Article 43, Voted to authorize the Selectmen to sell the property on the Westerly side of Depot Street, formerly used as a Town Infirmary, at public sale, upon such terms as the Selectmen may deem ad- visable.
Under Article 44, Voted to install 10 street lights on Powder Point Avenue and King Caesar Road, to be located at points to be designated by the Selectmen, and raise and appropriate the sum of $200.00 for this purpose.
Under Article 45, Voted to raise and appropriate the sum of $1,600.00 to be used for the engineering survey as recommended in the report of the Special Water and Fire Protection Committee, and that a com- mittee of seven be appointed by the Moderator.
Under Article 46, Voted to raise and appropriate the sum of $365.00 for the purchase of a Graphotype machine to be used in the Tax Collector's Department.
Under Article 47, Voted to accept from William H. Proctor. a gift of land at the corner of Franklin and Temple Streets for the purpose of improving the inter- section of said streets.
A vote of thanks was extended to the Moderator for his gracious, courteous and efficient conduct of the meeting.
At 7:55 o'clock P. M. voted to adjourn.
JOSEPH T. C. JONES,
Town Clerk.
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Under Article 3, the following Committee on World War II Memorial was appointed by the Moderator:
Philip W. Delano
Stanley H. Merry Francis W. Perry Paul N. Swanson
Rev. Walter R. Hunt
Mrs. Sally Freeman Dawes Chase Fisher Ames
Under Article 32, the following Committee to be known as the "Airport Committee" was appointed by the Selectmen :
Morrison M. Bump Oliver B. Barker Edward S. Soule
Alfred J. Fecke, Jr.
Robert Blackler
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Under Article 41, the following Committee on By- Laws was appointed by the Selectmen:
Harry L. Tinker
Donald D. Walker
Clement A. Briggs
Edwin M. Noyes
James T. O'Neil
Under Article 45, the following Committee on Water and Fire Protection Engineering Survey was appointed by the Moderator:
Walter G. Prince
Eben N. Briggs
Howard M. Clark
Earle A. Ricker
Herbert R. Nelson
Stephen A. Reed
LeRoy M. Peterson
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Special Town Meeting, October 25, 1946
At 8 o'clock P. M. the meeting was called to order by the Town Clerk and the warrant was read.
Under Article 1, it was voted that the Town Clerk cast one ballot for Mr. Harry B. Bradley for Moderator which was done and Mr. Bradley took the chair.
Ellis G. Harrison and Eugene Redlon were appointed Tellers and were sworn in by the Moderator.
It was voted that a rule for this meeting would be that: No motion to lay on the table or otherwise cut off debate will be in order until the proponents of an article have had an opportunity to be heard.
Under Article 2, it was voted to appropriate from available funds, the sum of $8,000.00 for the purpose of completing the financial arrangements for the pro- posed sea wall at Duxbury Beach. (Yes 43-No 0).
At 8:18 P. M., Voted to adjourn.
JOSEPH T. C. JONES,
Town Clerk.
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Election of Officers, March 9, 1946
The polls were opened at 7 o'clock, A. M.
The following Tellers were sworn in by the Town Clerk: Charles C. McNaught, Harry A. McNaught, Frank H. Williams, Edward P. Hobart, John E. Lucey, Rodney W. Leach and Frances R. Covell. Helen F. Dawes was sworn in by the Moderator.
The polls may have closed at 6 o'clock P. M. but at that time, it was voted to extend the closing time to 8 o'clock, P. M. The ballot-box, after the absent ballots were deposited, indicated 1011, 67 being absentee bal- lots, and 1011 were taken from the ballot-box.
Following is the result of the balloting for Town Officers :
For Selectman for Three Years:
Charles R. Carlson 227 Votes
Ralph T. Haller 184 Votes
Walter G. Prince 567 Votes
Blanks 33
And Walter G. Prince was declared elected by the Moderator.
For Assessor for Three Years: Charles R. Crocker 887 Votes
Blanks 114
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And Charles R. Crocker was declared elected by the Moderator.
For Member of the Board of Public Welfare for Three Years:
Carl J. Santheson, Jr. 856 Votes
Blanks 155
And Carl J. Santheson, Jr. was declared elected by the Moderator.
For Member of Board of Public Welfare for Two Years: (Unexpired Term).
Barbara S. Mullowney
751 Votes
Blanks 257
And Barbara S. Mullowney was declared elected by the Moderator.
For Tree Warden for One Year:
Roy E. Parks 298 Votes
And Roy E. Parks was declared elected by the Mod- erator.
For Constables for One Year:
Earl W. Chandler
854 Votes
Lawrence C. Doyle
875 Votes
James T. O'Neil
880 Votes
Frank White
1 Vote
And Earl W. Chandler, Lawrence C. Doyle and James T. O'Neil were declared elected by the Moder- ator.
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For Cemetery Trustee for Five Years: Connie H. King 859 Votes 152
Blanks
And Connie H. King was declared elected by the Moderator
For Member of Planning Board for Five Years: Arthur H. Murphy 701 Votes
Blanks 309
And Arthur H. Murphy was declared elected by the Moderator.
For School Committee for Three Years:
Loring R. C. Mugford 536 Votes
Dorothy Wentworth 459 Votes
Blanks 16
And Loring R. C. Mugford was declared elected by the Moderator.
Voted to adjourn.
JOSEPH T. C. JONES,
Town Clerk.
The following Town Officers took the Oath of Office in 1946, being sworn by the Town Clerk:
Walter G. Prince, Selectman for 3 years.
Charles R. Crocker, Assessor for 3 years.
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Isabelle V. Freeman, Town Accountant for 3 years.
Loring R. C. Mugford, Member of School Committee for 3 years.
Barbara S. Mullowney, Member of Board of Public Welfare for 2 years.
Carl J. Santheson, Jr., Member of Board of Public Welfare for 3 years.
Eben N. Briggs, Forest Warden, Sup't of Parks and Fence Viewer for 1 year.
Charles C. McNaught, Sealer of Weights and Meas- ures for 1 year.
Rev. Walter R. Hunt, Town Historian for 1 year.
Henry M. Griswold, Fence Viewer for 1 year.
Russell W. Soule, Weigher of Coal, Coke and Hay for 1 year.
Floyd R. Kenney, Harbor Master for 1 year.
Lewis B. Randall, Sup't. of Streets and Field Driver for 1 year.
Arthur H. Murphy, Member of Planning Board for 5 years.
Earl W. Chandler and James T. O'Neil, Constables for 1 year.
Lawrence C. Doyle, Constable and Dog Officer for 1 year.
William B. Coffin, Member Board of Appeals for 1 year.
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Clara M. Redmond, Registrar of Voters for 3 years.
Frances R. Covell, Registrar of Voters to March, 1947.
A. Elliot Holmes, Shellfish Constable and Ass't. Har- bor Master for 1 year.
Paul S. McAuliffe, Weigher of Coal, Coke and Hay for 1 year.
Guild A. Rosengren and James S. O'Neil, Special Po- lice Officers for 1 year.
Ray M. Parks, Surveyor of Wood and Lumber and Fence Viewer for 1 year.
Ernest W. Chandler, Inspector of Animals, Field Driver and Inspector of Slaughtered Animals for 1 year.
Robert I. Tower, Special Police Officer for 1 year.
Bradley V. Osgood, Surveyor of Wood and Lumber for 1 year.
Eben N. Briggs, Kenneth O. Macomber, Carl J. San- theson, Jr., LeRoy M. Peterson, Francis W. Perry, Henry M. Griswold and George S. Butler, Fire En- gineers for 1 year.
Cemetery Trust Fund Account
Name of Account
Amount
of Fund
Balance
Dec. 31, 1945
Dividends
Payments
Dec. 31, 1946
Balance
Faneuil Adams.
100.00
104.61
2.09
2.10
104.60
W. F. Adams
200.00
208.39
4.18
4.15
208.42
Benjamin Alden
100.00
104.41
2.09
2.10
104.40
Charles A. Alden
200.00
101.56
2.03
2.00
201.59
Charles H. Alden
100.00
101.01
2.03
2.00
101.04
Henry Alden
100.00
105.04
2.11
2.10
105.05
William J. Alden, Jr.
100.00
105.32
2.11
2.10
105.33
Frederick H. Allen
100.00
102.38
2.05
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