USA > Massachusetts > Essex County > Saugus > Town annual report of Saugus 1938 > Part 12
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The excavation operations at this Concrete Materials pit offers a clear ·example of what may occur in other parts of Saugus in the near future unless the Zoning By-Laws are en- forced. First, a small farm owned by one Primpas was sold to an ex- cavating company. When the major part of this property had been ex- cavated, many feet in depth, it re- sulted in a very serious inter- ference with normal water reten- tion and crop production in the soil of a well kept adjoining farm. The normal water level in the farmer's well also was seriously lowered. Finally, because of the serious de- preciating effect in potential real estate value, crop production value or any other value, the farmer was glad to sell out to the excavating company and move to a new loca- tion. Now both farms have been gobbled up, trucked away, mostly to out of town construction jobs and Saugus will be left with a value- less twenty or more acres of tax title hole on its hands.
Chaves Property
The Chaves location excavations are on a nineteen acre tract of land sold to B. Perini & Sons, Inc., by Mr. Chaves of Saugus. This land is west of the Newburyport Turn- pike and has frontage on the Turn- pike, also on Main Street and For- est Street. There are two excava- tions on this property, one above grade and one below grade.
The excavation above grade has resulted in the partial removal of a wooded hill. Underlying ledge will prevent cutting the entire hill down to grade without a great deal of blasting. The present appear- ance is a high, barren, ragged sec- tion of hill over-looking the care- fully planned new residential de- velopment on property known as the Frank P. Bennett, Sr., Oakland- vale Farm, and now under develop- ment by the New England Home Builders, Inc. While the effect of this ragged excavation on adjacent property will be no asset, it does not begin to match the detrimental effect and hazard to health or even to life of the adjoining excavation below grade.
This adjoining excavation below grade is estimated as about two acres in area and is filled with water averaging fifteen feet in depth. It is located on the B. Pe- rini nineteen acre tract of land above mentioned, west of the Turn- pike and at the junction of Main Street and Forest Street. The walls of this water filled pit are perpendicular for about nine-tenths of its circumference. It is within three hundred feet of the eastern boundary of the Oaklandvale
School Playground.
Swimmers and skaters are at- tracted here from distant, as well as near by, sections of Saugus. The deep, perpendicularly walled pit is literally a death trap for inexperi- enced swimmers or for skaters who risk thin ice. A narrow escape from drowning occurred there the past summer. Help in case of accident is not nearby.
The 1937-38 Selectmen and the Board of Health have had the pool 1examined by State authorities rela- tive to its fitness for swimming from a health angle. The State
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ANNUAL TOWN MEETING
1938]
health authorities condemned it un- fit as a swimming pool. It has no outlet except on occasions when the water rises high enough to over- flow the rim of the pit.
It is amazing to discover that a permit to excavate this pit was negotiated between B. Perini & Sons and the 1936-37 Selectmen without the slightest adherence to that part of the Zoning By-Law, Sections 17 and 17a which state in regard to the duties of the Se- lectmen in such cases that, quote, "They shall notify all holders of real estate who might be affected and shall at such hearing hear such persons who may desire to be heard." No notices were sent and no citizens, other than officials ne- gotiating with Perini, had the slightest warning of what was in the making. Is our Saugus Zoning By-Law just another scrap of paper ?
The 1936-37 Selectmen in com- pany with Louis Perini and one or two others inspected this proposed location on a Saturday and on the following Monday, January 18, 1937, voted a double barrelled mo- tion, the full intent of which was not known to the citizens until it was smoked out at Town Meeting a couple of months later.
Without opportunity for a hear- ing for nearby property owners or other interested citizens the Select- men voted not only the permit to excavate but to negotiate for the establishment of a public dump in the excavated area.
In the opinion of the Investigat- ing Committee this action was in direct violation of Sections 17 and 17a of the Zoning By-Laws and therefore illegal.
This excavation is within 50 feet of the property boundary of one abuttor who has been in Saugus, residing on the Turnpike for twenty 'years or more and who owns some three and one-half acres of prop- erty including his home. His prop- erty extends from the Turnpike line to the Main Street line. He is men- tioned here as one real estate owner who was given no opportunity to appear at any hearing and voice a protest.
Parents of children attending the
Oaklandvale School by all laws of reason and fair play should have been allowed an opportunity to ap- pear at a hearing previous to ac- tion on this permit.
When the extent and hazard of this pit became evident to the School Committee, they sent writ- ten protests to the 1937-38 Select- men on two separate occasions.
The Oaklandvale Parent Teach- ers' Association have voted a pro- test against the pit and its use as a dump. The Planning Board and the Board of Appeals tried to get action to check this illegal excava- tion.
On June 10, 1937, the Selectmen then in office called a hearing on several excavations and many cit- izens vigorously registered their protests against this pit near the Oaklandvale School. The 1937-38 Selectmen did not grant the Peri- ni Company any new permit to ex- cavate in the below grade pit near the Oaklandvale School.
Following an interview with this investigating committee the B. Pe- rini Company erected a substantial fence entirely around this excava- tion. This is in accordance with a provision in the Selectmen's vote of January 18, 1937, which pro- vision the Perini Company ap- parently decided had better be com- plied with to the letter.
Recommendations
The Committee has the following recommendations to offer:
1. We recommend that no permit for excavation or removal of ma- terial shall be granted for a period of more than seven days from date of issue.
2. We recommend that a permit to excavate approved by the Se- lectmen shall only be issued to an owner of record and shall not be transferrable.
3. We recommend that the proper procedure for the issuing of per- mits under Sections 17, 17a and 20 of the Zoning By-Laws be strictly followed.
4. We recommend that the Town. make provisions to acquire a gravel pit for its own use and so located as to cause the least damage to surrounding property.
5. We recommend that the Town
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TOWN DOCUMENTS
[Dec. 31
acquire land for a municipal dump, preferably land now held by the Town on tax titles. Many acres of available land is now held by the Town on the marshes.
6. We recommend the immediate revocation of all excavation per- mits now in force. If necessary to re-issue them, the new permit shall be in conformity with our Zoning By-Laws. No permit to be issued for a period longer than seven days.
7. We recommend that the Town take immediate legal action to abate the nuisance and illegal ex- cavation near the Oaklandvale School on Main Street.
8. We recommend that the Town take immediate action to abate the nuisance and illegal excavation at the Concrete Materials property on Main Street.
9. Finally, we recommend that all Town officials having anything to do with the granting of excava- tion permits under Sections 17, 17a and 20 of the Zoning By-Law fa-
miliarize themselves with said sec- tions.
M. EDWARD HAYES, Chairman; ELLERY E. METCALF,
GILES S. BRYER. Clerk;
9.45 P. M.
It was voted to adjourn at 10.45 P. M. to convene again on Wednes- day, April 20, 1938, at 8 P. M.
Article 53.
Voted: That the sum of $500.00 be and the same is hereby appropri- ated for legal services and expenses to carry out the purposes of Article 53, to employ special counsel satis- factory to the Excavations Investi- gating Committee of 1937, said sum to be expended under the direction of the Board of Selectmen. 10.37 P. M.
The meeting adjourned at 10.37 P. M.
A true copy.
Attest: VIOLA G. WILSON,
Town Clerk.
ADJOURNED ANNUAL TOWN MEETING APRIL 20, 1938
The meeting was called to order at 8.20 P. M. Voted to have a re- cess. Meeting called to order at 8.36 at which time a quorum was found present.
The salute to the flag was given.
The reading of the records of the previous meeting was waived by unanimous consent.
Article 54. Voted to refer to the Board of Selectmen. 8.46 P. M.
Article 55. Voted to refer to Selectmen. 8.47 P. M.
Article 56. Voted to refer to Selectmen. 8.47 P. M.
Article 57.
Voted to indefinitely postpone. 8.51 P. M.
Article 58.
Voted to indefinitely postpone. 9.08 P. M.
Article 59.
NOTICE OF HEARING.
The Planning Board will hold a public hearing on Article 59 of the Town meeting Warrant on Wed- nesday, March 9, 1938, at 7.30 P. M. in the Town Hall. Said article is the petition of Frederick B. Willis and others to rezone for business purposes the following described land: Westerly portion of Lot A-7 of Assessors' Plan 1048. Location: Broadway near the Lynn Fells Parkway.
By WILLIAM H. ROBINSON, Clerk.
After advertising in the Saugus Herald issue of February 18, 1938, the Planning Board held a public hearing on Article 59 of the Town
·
101
ANNUAL TOWN MEETING
1938]
Meeting Warrant of March 16, 1938, in the Town Hall on March 9, 1938. After discussion, the Board does not recommend passage of the Article.
M. EDWARD HAYES, Chairman.
Article 59.
Voted to change the Zoning Laws and Zoning Map so that area in the following parcel of land may henceforth be used for business purposes: Starting at a point on the northerly side of Lot A-7, as shown on Plan 1048 on file in the Assessors' Office, thence running in a southerly direction 600 feet along the dividing line between Lots A-6 and A-7, as shown on said Plan 1048, thence turning and running in a southeasterly direction for a distance of 300 feet; thence turn- ing and running in a northerly di- rection for a distance of 600 feet; thence turning and running in a northwesterly direction for a dis- tance of 300 feet to a point of be- ginning, same being the westerly portion of Lot A-7, as shown on Plan 1048 on file in the Assessors' Office.
Yeas 67. Nays 24. 9.15 P. M. Article 60.
Voted to indefinitely postpone. 9.17 P. M.
Article 61.
NOTICE OF HEARING.
The Planning Board will hold a public hearing on Article 61 of the Town Meeting Warrant on Wednes- day, March 9, 1938, at 7.30 P. M. in the Town Hall. Said article is the petition of the Planning Board to amend the Zoning By-Law by inserting in Section 12 the follow- ing new paragraph:
Front Yards for Business Establishments
On all land used for business pur- poses on all state highways there shall be a setback, or open space, of at least forty (40) feet between the inside sidewalk or street line and the front of the building and its accessories.
By WILLIAM H. ROBINSON, Clerk.
After advertising in the Saugus Herald, issue of February 18, 1938, the Planning Board held a public hearing on March 9, 1938, in Town Hall on Article 61 o fthe Town Meeting Warrant of March 16, 1938. After consideration of the facts the Board recommends the passage of the article.
M. EDWARD HAYES, Chairman.
Article 61.
Voted: To amend the Zoning By- Law by inserting in Section Twelve the following new paragraph:
Front Yards for Business Establishments
On all land used for business pur- poses on all state highways, there shall be a set-back or open space of at least forty feet between the inside sidewalk or street line and the front of the buildings and a set- back of at least twenty feet be- tween the street or sidewalk line and the accessory or accessories to th building.
Yeas 70. Nays 13. 9.24 P. M.
Motion to reconsider Article 61 was lost.
Article 62. NOTICE OF PLANNING BOARD.
After advertisement in the Sau- gus Herald, issue of February 18, 1938, the Planning Board held a public hearing on March 9. 1938, on Article 62 of the Town Meeting Warrant of March 16, 1938, in the Town Hall. After consideration of the facts the Board recommends the passage of the Article.
M. EDWARD HAYES, Chairman.
NOTICE OF HEARING
The Planning Board will hold a public hearing on Article 62 of the Town Meeting Warrant on Wednes- day, March 9, 1938, at 7.30 P. M. in the Town Hall. Said article is the petition of the Planning Board to rezone for residential purposes the following described land: southerly side of Lot 54, Section A. Location: Lynn Fells Parkway.
By WILLIAM H. ROBINSON,
Clerk.
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TOWN DOCUMENTS
[Dec. 31'
Article 62.
Voted: To amend the Zoning By- Law and Zoning Map so that the following described land shall here- after be zoned for residential pur- poses: southerly side of Lot 54, Section A, located on the Lynn Fells Parkway.
Yeas 59. Nays 24. 9.45 P. M.
Article 63. NOTICE OF HEARING
The Planning Board will hold a public hearing on Article 63 of the Town Meeting Warrant on Wednes- day, March 9, 1938, at 7.30 P. M. in the Town Hall. Said article is the petition of Lillian F. Newhall and others to rezone for business pur- poses the following described land: Lots A-35, A-45 and A-46 of As- sessors' Plan 1047. Location : Broadway, south of Walnut Street. By WILLIAM H. ROBINSON, Clerk.
After advertising in the Saugus Herald, issue of February 18, 1938, the Planning Board held a public hearing on March 9, 1938, on Art- icle 63 of the Town Meeting War- rant of March 16, 1938, in the Town Hall. After discussion the Board recommends the passage of the article.
M. EDWARD HAYES, Chairman.
Article 63.
Voted: That the Town amend the Zoning By-Law and Zoning Map of the Town of Saugus so that land shown on Assessors' Plan 1047 as Lots A-45, A-35, A-46, shall be re- zoned for business purposes for a depth of 200 feet along Broadway. Yeas 89. Nays 0. 9.52 P. M.
Article 64.
NOTICE OF HEARING
The Planning Board will hold a public hearing on Article 64 of the Town Meeting Warrant on Thurs- day, March 10, 1938, at 7.30 P. M. in the Town Hall. Said article is the petition of Ernest L. Tash and others to rezone for business pur- poses the following described land: Lot A-5 of Assessors' Plan 1042.
Location: Broadway at Hawkes: Street.
By WILLIAM H. ROBINSON, Clerk.
After advertising in the Saugus Herald, issue of February 18, 1938, the Planning Board held a public hearing on March 19, 1938, in the Town Hall on Article 64 of the Town Meeting Warrant of March 16, 1938. After discussion the Board recommends the passage of the Article.
M. EDWARD HAYES, Chairman.
Article 64.
Voted: To change the Zoning By- Law and Zoning Map of the Town of Saugus, so that the hereinafter- described land shall be rezoned for business purposes:
Bounded westerly by Broadway ninety (90) feet; northerly by Hawkes Street (so-called) five hun- dred two and fifty-three one hun- dredths (502.53) feet; easterly by land now or formerly of Austin, Trustee, ninety-six and seventy- five one hundredths (96.75) feet; southerly by other land now or late of Austin four hundred ninety-four and ninety-five one hundredths (494.95) feet. Said land being the land as shown on Assessors' Plans of the Town of Saugus, Lot A-5, Plan 1042.
Yeas 97. Nays 0. 10.04 P. M.
Article 65. NOTICE OF HEARING
The Planning Board will hold a public hearing on Article 65 of the Town Meeting Warrant on Thurs- day, March 10, 1938, at 7.30 P. M. in the Town Hall. Said article is the petition of Ronald Hollett and others to rezone for business pur- poses the following described land: Lot A-108 of Assessors' Plan 2001. Location: Clifton and Laurel Streets.
By WILLIAM H. ROBINSON, Clerk ..
After advertising in the Saugus: Herald, issue of February 18, 1938, the Planning Board held a public hearing on March 10, 1938, on Art-
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ANNUAL TOWN MEETING
1938]
icle 65 of the Town Meeting War- rant of March 16, 1938, in the Town Hall. After considering all facts the Board does not recommend the passage of the Article.
M. EDWARD HAYES, Chairman.
Article 65.
Voted: That the Town amend the Zoning By-Laws and Zoning Map of the Town of Saugus so that the following described land
shall hereafter be zoned for business purposes: the land shown on As- sessors' Plan 2001 as Lot A-108 containing about 5000 square feet of land. Said land being at the corner of Laurel and Clifton Streets and bounded, 59.97 feet on Laurel Street on said plan; 141.07 feet on Clifton Street on said plan; 17.00 feet on A-107 on said plan and 117.00 feet on A-109 on said plan to point of beginning.
Yeas 62. Nays 25. 10.24 P. M.
Article 67. NOTICE OF HEARING
The Planning Board will hold a public hearing on Article 67 of the Town Meeting Warrant on Thurs- day, March 10, 1938, at 7.30 P. M. in the Town Hall. Said article is the petition of Charles C. DeFronzo and others to rezone for business purposes the following described land: Ints A-1999 and A-200 of As- sessors' Plan 3015. Location: Bris- tow Street near Lincoln Avenue.
By WILLIAM H. ROBINSON, Clerk.
After advertising in the Saugus Herald, issue of February 18, 1938, the Planning Board held a public hearing on March 10, 1938, on Art- icle 67 of the Town Meeting War- rant of March 16, 1938, in the Town Hall. After discussion the Board recommends the passage of the Article.
M. EDWARD HAYES, Chairman.
Article 67.
Voted: That the Town do amend the Zoning By-Law and the Zon- ing Map so that the following de- scribed land shall hereafter be
zoned for business purposes: A par- cel of land shown on Assessors' Plan 3015 as Lots A-199 and A-200 containing 5000 square feet of land.
Yeas 87. Nays 0. 10.50 P. M.
Voted to adjourn at 10.53 to con- vene again on Monday, April 25, 1938, at 8.05 P. M.
A true copy. Attest: VIOLA G. WILSON, Town Clerk.
TOWN OF SAUGUS
Essex, ss. To W. Charles Sellick, Constable of the Town of Saugus
Greetings:
In the name of the Common- wealth of Massachusetts you are hereby required to notify and warn the inhabitants of the Town of Saugus, qualified to vote in Town affairs, to meet at the several Vot- ing Precincts of the Town on Mon- day, April 25, A. D. Nineteen Hun- dred and Thirty-Eight, at Twelve o'clock, M., then and there to bring in their ballots to the Wardens on the following Question:
Art. 5. To see if the Town will vote to amend the Zoning By-Laws and Zoning Map of the Town of Saugus so that the following de- scribed land shall hereafter be zoned for business purposes:
Beginning at a point on the east- erly line of Newburyport Turnpike on the northwesterly corner of land of Lillian F. Newhall said Newhall land being shown on Assessors' Plan No. 1047 Lot A-45; thence easterly and along the line of land of said Newhall and land of Dono- van eight hundred and forty (840) feet; thence at right angle north- erly five hundred (500) feet; thence at a right angle northerly five hun- dred (500) feet; thence at a right angle westerly seven hundred (700) feet to the easterly line of said New- buryport Turnpike five hundred and ten (510) feet to the point of be- ginning. Containing three hundred and eighty-five thousand (385,000) square feet of land.
The above described land is a portion of land shown on Asses- sors' Plan No. 1047 as Lot A-48 and on Assessors' Plan No. 1046 as
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TOWN DOCUMENTS
[Dec. 31
Lot A-6, or to see what action the Town will take in the matter, . agreeable to the petition of John W. Roberts and others.
The polls will open at 12 o'clock, noon, and will close at 8 o'clock, P. M., and you are hereby directed to serve this Warrant by posting attested copies thereof at the usual places seven days, at least, before the time of holding said election.
Hereof, fail not, and make due returns of this Warrant with your doings thereon, to the Town Clerk, at the time and place of said meet- ing.
Given under our hands and Town seal this Fourth day of April, A. D. Nineteen Hundred and Thirty- Eight.
EDWARD GIBBS, JR., Chairman;
GEORGE H. QUARMBY, WILLIAM S. ROCKHILL, Board of Selectmen.
A true copy. Attest:
W. CHARLES SELLICK, Constable.
COMMONWEALTH OF MASSA- CHUSETTS April 16, 1938.
Essex, ss. Pursuant hereunto I have served the within Warrant as di- rected by posting attested copies at the several precincts at least seven days before said meeting according · to the By-Laws and afterwards de- livered to every residence in the Town.
A true copy. Attest:
W. CHARLES SELLICK, Constable.
A true copy. Attest: VIOLA G. WILSON,
Town Clerk.
REFERENDUM - ARTICLE 5
April 25, 1938.
1
2
3
4
5
6
7
8
Total
Yes
122
71
125
70
139
67
48
92
734
No
240
113
136
105
161
83
95
178
1111
Blanks
1
1
1
3
Total
362
184
262
175
301
151
143
270
1848
A true copy. Attest:
VIOLA ~ WILSON, Town Clerk.
WARRANT FOR SPECIAL TOWN MEETING APRIL 25, 1938
Essex, ss.
To W. Charles Sellick, Constable of the Town of Saugus.
Greeting:
In the name of the Common- wealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Saugus, qualified to vote in Town Elections and Town Affairs to as- semble in the Town Hall, on Mon- day Evening, April Twenty-Fifth,
Nineteen Hundred and Thirty- Eight, at Eight-Fifteen o'clock P. M., to hear and act on the fol- lowing articles, víz:
Article 1. To hear and act on Reports of Committees.
Art. 2. To see if the Town will vote to amend the Zoning By-Laws and Zoning Map of the Town of Saugus so that land shown on As-
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SPECIAL TOWN MEETING
1938]
sessors' Plan 1036 as Lots A-15 and A-22 shall be rezoned for business purposes, a depth of 100 feet.
Art. 3. To see if the Town will vote to amend the Zoning By-Laws and Zoning Map of the Town of Saugus so that land shown on As- sessors' Plan 1048 as Lots A-3 and A-15 shall be rezoned for business purposes.
Art. 4. To see if the Town will vote to raise and appropriate $2,- 000.00 to lay water mains to the home of Archillo DeFranzo, Pros- pect Avenue or to see what action the Town will take in the matter.
Art. 5. To see if the Town will vote to amend the Zoning By-Laws and Zoning Map of the Town of Saugus so that land shown on As- sessors' Plan 2009 as Lots A-51 and part of A-35 shall be rezoned for business purposes.
Art. 6. To see if the Town will vote to raise and appropriate the sum of $3,000 for water services or to see what action the Town will take in the matter.
Art. 7. To see if the Town will vote to raise and appropriate $2000.00 for a competent outside engineering survey and report on the location of sources of water supply and to determine methods for improving the water distribu- tion and pressure in the Town or to see what action the Town will take in the matter.
Art. 8. To see if the Town will vote to authorize the Treasurer, with the approval of the Select- men, to borrow in accordance with the provisions of Chapter 49 of the Acts of 1933, as most recently amended by Chapter 57 of the Acts of 1938, for the purpose of pro- viding funds to meet ordinary maintenance expenses and revenue loans of 1937, such borrowing in no event to exceed the amount of the tax titles held in excess of the amount owing to the Common- wealth for similar loans previously made or to see what action the Town will take in the matter.
You are hereby directed to serve
this WARRANT, by posting attest- ed copies thereof at the usual places seven days, at least, before the time of holding said meeting, and to distribute copies as provided by the By-Laws at least four days before.
Hereof, fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk, at the time and place of meeting.
Given under our hands and Town Seal this 29th day of March, 1938, A. D.
EDWARD GIBBS, JR .. GEORGE H. QUARMBY, WILLIAM S. ROCKHILL, Board of Selectmen.
A true copy : Attest:
W. CHARLES SELLICK, Constable.
COMMONWEALTH OF MASS- ACHUSETTS April 12, 1938.
Essex, ss.
Pursuant hereunto I have served the within Warrant as directed by posting attested copies at the sev- eral precincts at least seven days before said meeting according to the By-Laws.
A true copy. Attest:
W. CHARLES SELLICK, Constable.
A true copy.
Attest: VIOLA G. WILSON, Town Clerk.
April 9, 1938.
In compliance with Chapter 55 of the Acts of 1928 and also with Section 2 of the By-Laws of the Town of Saugus, I hereby certify that today I personally mailed to all Limited Town Meeting Mem- bers a printed copy of the Warrant for the Special Town Meeting of April 25, 1938.
Signed: VIOLA G. WILSON, Town Clerk.
A true copy.
Attest: VIOLA G. WILSON, Town Clerk.
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TOWN DOCUMENTS
[Dec. 31
ADJOURNED ANNUAL TOWN MEETING APRIL 25, 1938
The meeting was called to order by the Moderator, Herbert P. Ma- son, at 8.05 P. M.
Ruth E. Gatchell, Assistant Town Clerk, was elected temporary clerk of the meeting in the absence of
the Town Clerk, and sworn in by the Moderator.
Voted: That the Annual Town Meeting adjourn until Article 1 of the Special Town Meeting of April 25, 1938, was reached.
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