USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1912 > Part 7
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Attest : GEORGE T. TILL, Clerk of Board of Registrars.
Wednesday, July 24, 1912.
TOWN WARRANT.
ESSEX, SS.
To either of the Constables of the Town of Swampscott in said County, GREETING :
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Swampscott, qualified to vote in elections and in Town affairs, to assemble in the Town Hall, in said Swampscott, on Wednesday, the twenty- fourth day of July, at seven forty-five o'clock P. M., then and there to act on the following articles, viz. :
ARTICLE I. To see if the Town will appropriate the sum of three thousand six hundred dollars, the same being sufficient for the estimated expense of obtaining the Phillips property situated
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in Swampscott, bound as follows : - Northerly by Humphrey street. Easterly by lands of Finnegan, Fay, Kehoe & Curtis and land formerly of A. Little. Northerly by land formerly of A. Little. Easterly by land formerly of Brown. Southerly by land of Jeffries, Ratshesky, heirs of Arnold, Morse, and heirs of Bond. Westerly by land of Morse and New Ocean House Trust, containing about twelve acres. The said sum to be expended by the Park Commissioners in acquiring said premises for Park purposes. As petitioned for by Nathan J. Atkins and others.
ART. 2. To see if the Town will accept Blaney Beach Boulevard, as laid out by the Selectmen, as shown on a plan drawn by Eastman & Bradford, dated July 3, 1912, and on file with the Town Clerk, July 17, 1912.
ART. 3. To see if the Town will appropriate the sum of seven hundred dollars for the purpose of grading or otherwise improving the Essex Street Playground ; said money to be spent under the supervision of the Park Commissioners, as petitioned for by F. W. Homan and others.
ART. 4. To see if the Town will vote to re-enact and submit to the Attorney General for his approval, the following addition to the Town By-Laws : The number of legal voters necessary to constitute a quorum at Town Meetings, except such parts of meetings as are devoted exclusively to the election of Town Officers, shall be one hundred, as recommended by the Selectmen.
ART. 5. To see if the Town will vote to accept the provis- ions of Chapter 320, of the Acts of 1912, " An Act relative to the use of rooms or halls in school buildings for other than school purposes," as recommended by the Selectmen.
ART. 6. To see if the Town will appropriate the sum of two hundred and fifty dollars to reimburse one Martin Lally for the damage done to his dwelling house at the corner of Pleasant and Humphrey streets, as the result of the same having been flooded with water which overflowed from the street, as peti- tioned for by Charles Q. Lowd and others.
ART. 7. To hear the report of the committee appointed to investigate the subject of the relation of the brooks and the
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Town, and the nature and extent of the responsibilities of the Town for the brooks and their condition, and act thereon and make appropriation therefor.
ART. 8. To see if the Town will vote to appoint a commit- tee of three to investigate the laying of all wires underground in the streets and roads of the Town and report at the next Annual Town Meeting, as petitioned for by Martin E. Nies and others.
ART. 9. To see if the Town will authorize the Water and Sewerage Board to extend the sewer in Banks Road, and appro- priate the sum of six hundred and fifty dollars for the same, as recommended by the Board of Health and Selectmen.
ART. 10. To see what action the Town will take in extend- ing the sewer in Beach avenue from Essex street and appropri- ate money for the same, as recommended by the Water and Sewerage Board.
ART. II. To see what action the Town will take to build a sewer in Cherry street and appropriate money for the same, as recommended by the Water and Sewerage Board.
ART. 12. To see if the Town will vote five hundred dollars additional for sewer maintenance, as recommended by the Water and Sewerage Board.
ART. 13. To see if the Town will vote to lay a six-inch water main in Bay View avenue, a distance of about five hun- dred feet. The owner of the land guarantees to pay interest upon the amount expended until such time as the revenue from the water meets the interest and make the necessary appropriation therefor, as petitioned for by George T. Till and others.
ART. 14. To see if the Town will appropriate the sum of three thousand five hundred dollars for the purpose of laying curbstones and constructing concrete sidewalks as recommended by the Selectmen.
ART. 15. To see if the Town will appropriate the sum of four thousand dollars, for the purpose of refunding to the treas- ury of the Town the sum paid out of the general funds in the treasury during the year 1911, in payment for land taken for the purpose of a schoolhouse on Redington street ; said money to be used for the expenses of the Town during the current year, or
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for appropriations which have been or which shall hereafter be voted during the current year, as recommended by the Boards of Assessors and Selectmen.
ART. 16. To see if the Town will vote to increase the salary of Richard G. Gilley as Dog Officer from seventy-five dollars to one hundred dollars, and appropriate money for the same, as petitioned for by Edward A. Maxfield and others.
ART. 17. To appropriate and raise by borrowing or other- wise such sum or sums of money as may be necessary for all or any of the purposes mentioned in the foregoing articles.
And you are directed to serve this Warrant by posting attested copies thereof at the Town Hall, Depots, Post Offices and three other public and conspicuous places in the Town, seven days at least before the time of holding said meeting.
HEREOF FAIL NOT, and make due return of this warrant, with your doings thereon, at the time and place of meeting as aforesaid.
Given under our hands this third day of July, in the year nineteen hundred and twelve.
JAMES F. CATON, CLARENCE B. HUMPHREY, ELIAS G. HODGKINS.
Selectmen of Swampscott.
A true copy. Attest :
RICHARD G. GILLEY, Constable.
Return on the Warrant.
Pursuant to the within Warrant to me directed I have notified the legal voters of Swampscott by posting attested copies of said Warrant at the Town Hall, Post Offices, Depots and three other public and conpicuous places in Swampscott, on Friday, the 12th day of July, 1912, the posting of said notices being at least seven days before the time of said meeting.
RICHARD G. GILLEY,
Constable.
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Special Town Meeting, July 24, 1912.
In accordance with the foregoing Warrant, the voters of the Town assembled at the Town Hall on Wednesday evening, July 24, 1912.
The meeting was called to order at 7.45 o'clock by Moderator Daniel F. Knowlton.
The Warrant and return thereon was read by the Town Clerk.
ARTICLE I. The Chairman of the Committee on Ways and Means read the Committee's report on this article.
Report of Committee on Ways and Means. Special Town Meeting, July 24, 1912.
ARTICLE I. While it may be that a park at this end of the Town will be desirable in the near future, and that the property mentioned in this article is perhaps the most suitable unoccupied piece in the vicinity, it does not appear that it will be any less available next year or the year after. As far as this committee can ascertain Mr. Phillips refuses to put any price on the land, and in order to obtain it the Town would have to make a taking and pay whatever price the courts decided. We cannot find any satisfactory reason for thinking that the $3,600 would or would not be sufficient. As this is an important matter, involving the ultimate expenditure of many thousands of dollars, and as there does not seem to be any urgent reason for action at this time, we consider that it would be more advisable to act on it at an annual meeting, and accordingly recommend that no action be taken at this time.
ART. 3. At the last annual meeting the Town voted, in ac- cordance with the recommendation of the Committee on Ways and Means, to purchase a tract of land on Essex street for a play- ground, with the further recommendation that no expense was to be incurred by the Town this year in connection with it. In view of this understanding, your Committee is loath to recom- mend any expense on this playground at this time. A few con- ditions, however, have arisen since last March which require consideration. As is well known, the ball field on the State road playground is too small for satisfactory ball playing, and a number of the residents in that vicinity have repeatedly com-
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plained of the damage done their property as a result of the ball games. We are also informed that several of the school teams from out of town have refused to play on the present field. If the requests of the ball teams and the wishes of the citizens in that vicinity are to be heeded it will be necessary to provide some other place for a ball field. Now in regard to the Essex street playground, we are told that it will be necessary to lay a drain nearly the whole length of the level portion adjoining Essex street in order to keep the ground sufficiently dry for use. If this is not done this summer or fall, it probably cannot be done next spring in season to make the field available before the mid- dle of next summer at the very earliest. It is estimated that the $700 asked for will cover the cost of laying the drain and some preliminary work. We recommend that the sum of $700 be appropriated for this purpose, to be spent under the supervision of the Park Commission.
ART. 6. We are advised by the Town Counsel that in his opinion Mr. Lally has no legal claim against the Town. We therefore recommend that this article be indefinitely postponed.
ART. 9. We find that the section of sewer referred to in this article has already been undertaken and completed. The work was requested by the Board of Health as an emergency measure, with the alternative of closing one of the houses on this road if the sewer were not put in immediately. Nevertheless, under the Sewer Act, the Water and Sewerage Board has exceeded its legal authority in building this sewer without authorization from the Town. However, the work has been done and must be paid for. We therefore recommend that the Town ratify and con- firm the action of the Water and Sewerage Board in construct- ing the sewer in Banks road and appropriate the sum of $650 to pay for the same.
ART. 10. This is a well settled street, but two lots being unoccupied at the present time. A sewer seems to be much needed and we therefore recommend that the sewer be extended in Beach avenue from Essex street and that the sum of $1,996 be appropriated for that purpose, according to the estimate of the Water and Sewerage Board.
ART. II. This is only a short section of about 150 feet and will accommodate several houses that are much in need of sewer facilities. We recommend that a sewer be built in Cherry
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street and that the Town appropriate the sum of $450 for that purpose, this being the amount estimated by the Water and Sewerage Board.
ART. 12. This additional sum is asked for to cover the cost of several items which must be taken care of at once and for which there are no funds available. In particular, there is a leak in the Humphrey street main not far from the pumping station that is causing considerable trouble ; also certain repairs are needed at and near the outlet. The Water and Sewerage Board have estimated that the $500 asked for will enable them to make these necessary repairs and in addition construct some particular sewer connections that have been requested. We recommend that this amount be appropriated.
ART. 13. At the last Annual Town Meeting it was voted to accept the act of the Legislature relative to establishing a Board of Survey. One of the provisions of this Act (Chapter 191, Acts of 1907) is that no water or sewer pipes shall be laid in any street by the Town until such street or way has been ap- proved by this Board of Survey. We find that Bay View avenue, in which it is proposed to lay a water main, has not yet been approved by this Board of Survey, and hence no water pipes can be laid there at this time. We recommend that no action be taken on this article.
ART. 14. No appropriation was made at the last annual meeting for the construction of new sidewalks. A large num- ber of petitions, amounting to about $8,000 have been presented asking for sidewalk construction in different parts of the Town, and in continuance of the policy of the Town in previous years it seems desirable to gradually extend the sidewalks each year. We accordingly recommend the appropriation of $3,500 for curb- stones and sidewalks, as asked for by the Board of Selectmen.
ART. 15. This amount was taken from the general funds of the Town to pay Mrs. Wiley for her land on Redington street, taken last year for schoolhouse purposes. This article covers merely the settling of the matter so that the correct charges may be made on the town books. We recommend that the sum of $4,000 be appropriated for refunding to the Town treasury, according to the provisions of this article.
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ART. 16. We recommend that the salary of Richard G. Gilley as Dog Officer be increased from $75 to $100 according to the provisions of this article and that the Town appropriate the additional sum of $25 required.
ART. 17. We recommend that the following be fixed as the particulars of the bonds to be issued by the Town under the vote taken at this meeting under Article 3, appropriating $700 for the cost of improving the Essex Street Playground.
That for the purpose of defraying the cost of the permanent improvements to the Essex Street Playground there be issued coupon bonds of the Town to the amount of seven hundred dollars ($700), to be dated during the current year, and each bond to be of the denomination of one hundred dollars ($100), payable in gold coin of the United States or its equivalent, numbered respectively from I to 7, bearing interest at the rate of four per centum per annum, payable semi-annually; that the bond numbered I be payable one year from its date and bonds numbered 2 to 7 one each year thereafter in their numerical order each subsequent year for the period of six years thereafter. The principal and interest of said bonds shall be payable at the First National Bank, Boston, Massachusetts. They shall be subject to registration at the bolder's option on presentation to the First National Bank, Boston, Mass. Said bonds shall be signed by the Treasurer of the Town and countersigned by the Board of Selectmen and shall bear the seal of the Town, and each of the said bonds shall bear on its face the words : " Town of Swamp- scott Essex Street Playground, Improvement Loan, 1912." Said bonds shall be sold under the direction of the Town Treas- urer and the Board of Selectmen, but said bonds shall not be sold at less than par and interest.
We recommend that the following be fixed as the particulars of the bonds to be issued by the Town under the vote taken at this meeting under Articles 9, 10 and 11 appropriating ($3,096) for the construction of sewers. There shall be issued under the authority of Chapter 86 of the Acts of 1902 and Chapter 401 of the Acts of 1903 and Acts in amendments thereof, five coupon bonds of the Town to the amount of $2,646, dated September 1, 1912, bearing interest at the rate of 4 per centum per annum ; that number I of said bonds be of the denomination of six hundred and forty-six dollars and that number 2 to 5 inclu - sive be of the denomination of five hundred dollars each, payable in gold or its equivalent; that bond number one be payable on September 1, 1913, and that one of said bonds shall
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be payable in its numerical order each subsequent year and all payable at the First National Bank of Boston, Mass. They shall be subject to registration at the holder's option, on presen- tation to the First National Bank, Boston, Mass.
All other particulars as to the form, issuance and sale of said bonds, shall be determined by the Town Treasurer and the Selectmen, but the said bonds shall not be sold at less than par and interest.
We recommend that the following be fixed as the particulars of the bonds to be issued by the Town under the vote taken at this meeting under Article 14 appropriating $3,500 for sidewalks and curbstones.
There shall be seven bonds of $500 each, dated during the current year, maturing one each year for seven years. The bonds shall bear the Town seal, be signed by the Town Treas- urer, and countersigned by the Board of Selectmen and shall bear interest at a rate not exceeding four per cent per annum. They shall be subject to registration, at holder's option, on presentation to the First National Bank, Boston, Massachusetts. They shall be called "Town of Swampscott Sidewalk Bonds, 1912." All other particulars as to the form, issuance and sale of such bonds shall be determined by the Town Treasurer and the Selectmen, but the bonds shall not be sold at less than par and interest.
We recommend that the following be fixed as the particulars of the bonds to be issued by the Town under the vote taken at this meeting under Article 15, appropriating $4,000 for payment for land taken for the Hadley schoolhouse.
That, for the purpose of defraying the cost of the additional land taken for the Hadley schoolhouse there be issued coupon bonds of the Town to the amount of four thousand dollars ($4,000), to be dated during the current year, and each of the bonds to be of the denomination of five hundred dollars ($500) numbered from I to 8, payable in gold coin of the United States or its equivalent, bearing interest at the rate of four per centum per annum, payable semi-annually; that the bond numbered I be payable one year from its date and one bond each year there- after in its numerical order for the period of seven years there- after. They shall be subject to registration at the holder's option on presentation to the First National Bank, Boston, Mass. The principal and interest of said bonds shall be payable at the First National Bank, Boston, Massachusetts. Said bonds shall be signed by the Treasurer of the Town and countersigned by the
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Board of Selectmen, and shall bear the seal of the Town, and each of the said bonds shall bear on its face the words : " Town of Swampscott, Schoolhouse Land Loan, 1912." Said bonds shall be sold under the direction of the Town Treasurer and the Board of Selectmen, but said bonds shall not be sold at less than par and interest.
GEORGE D. R. DURKEE, HENRY BALDWIN, LEON L. DENNIS, R. B. HUSSEY, HORACE B. INGALLS, HARRY F. PHILLIPS.
Committee on Ways and Means.
Supplementary Report Ways and Means Committee.
SWAMPSCOTT, July 23, 1912.
ART. 7. For the purpose of continuing the necessary en- gineering and legal work called for by the Brook Committee, we recommend that the sum of $500 be appropriated by the Town.
GEORGE D. R. DURKEE, HENRY BALDWIN, R. B. HUSSEY, HARRY F. PHILLIPS, HORACE B. INGALLS, LEON L. DENNIS.
Carried.
Voted, that the report of the Committee on Article 1 be not accepted and that Article I be adopted, authorizing the Park Commissioners to acquire said premises for park purposes.
A motion to accept the report of Ways and Means Committee on Article I was not carried, the vote passed being an amend- ment thereof.
ART. 2. Blaney Beach Boulevard, voted, to indefinitely postpone action on this matter.
ART. 3. Voted, to accept and adopt the report of the Com- mittee on this article, appropriating the sum of seven hundred dollars ($700) to be spent under the supervision of the Park Commission for grading and improving Essex street playground.
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A motion in amendment to make the above appropriation two thousand dollars was lost.
ART. 6. The report of the Committee on this article was read and a motion to adopt the recommendation to indefinitely postpone was lost.
The meeting gave Amos Little, Esq., and Engineer Dwelley the privilege of addressing the meeting on this matter.
Voted, that the sum of two hundred and fifty dollars ($250) be appropriated and the Selectmen instructed to pay the same to Martin Lally to reimburse him for damage done by water to his dwelling house, corner of Humphrey and Pleasant streets.
ART. 7. The report of the Committee appointed to investi- gate the subject of the relation of the Brooks and the Town, was read by the Town Clerk.
Report of Committee Appointed to Investigate Certain Matters Pertaining to the Drainage of the Town.
The extent of the duties imposed upon the Committee is very plainly set forth in the vote of the Town authorizing the ap- pointment of the Committee.
"VOTED, to accept and adopt the report of the Committee on Ways and Means, recommending the appointment of a commit- tee of three members to investigate the subject of the relation of the brooks and the Town, the nature and extent of the respon- sibility of the Town for the brooks and their condition, and to report what policy the Town should adopt and follow in the future."
It thus appears that the duties of the Committee were two- fold : First to investigate as to the relation of the Town as a municipal corporation to the brooks; that is, the natural chan- nels of surface drainage, where these channels passed over terri- tory within the corporate limits and as to the responsibilities of the Town for the condition of those drainage channels. The second duty was to report to the Town in the light of the facts, as determined by that investigation, what policy the Town should adopt and follow.
The Committee early realized that the duties imposed were
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by no means light. Although the vote of the Town required the Committee to report what policy should be adopted by the Town with respect to the drainage problems, and did not re- quire the Committee to give the facts which influenced a recom- mendation, nevertheless, in view of the importance of a proper solution of these problems, affecting as they do or may hereafter the health of the citizens of the Town, the reputation of the Town as a desirable place of residence and the financial pros- perity of the Town, the Committee have felt it best to discuss in some detail the conditions disclosed by the investigation.
Natural Lines of Drainage Within the Town.
The largest brook in the Town is Stacey's Brook, which empties into the sea across the beach on the Metropolitan Park Reservation, near the Humphrey street car barns, through a wooden box culvert.
This brook and its tributaries originally drained several square miles of territory now forming a part of the cities of Salem and Lynn as well as the Town of Swampscott, the largest portion of it being within the limits of the City of Lynn.
One branch of Stacey's Brook drained the valley through which Paradise road now runs, the branch being early known as Humphrey's Brook, and later as Mudge Brook, by which latter name it will be designated in this report. All the drain- age area of Mudge Brook is within the Town of Swampscott. Another branch of Stacey's Brook drained the valley northeast of Moose Hill, and was early known as Cherry Brook, later as King Brook, and will be called King Brook in this report. The drainage area of King Brook lies partly in the Town of Swamp- scott, and partly in the City of Lynn.
Both Mudge Brook and King Brook empty into Stacey's Brook within the limits of the Town of Swampscott at a point near the old water works pumping station on New Ocean street. Another important branch of Stacey's Brook formerly emptied into it near Brookline street in Lynn. The brook was first called Cow- slip Brook, and later Jackson Brook. Jackson Brook drained and still drains a considerble area within the Town of Swamp- scott, but the brook has been diverted into the Lynn sewers, and its bed throughout the larger part of its location within the city of Lynn has been filled up. The next brook in point of size to Stacey's Brook is the one which has its source in the meadow between the state road and Essex street on the northerly side of the town. This brook was at one time called
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Hawthorne Brook, which designation will be used in this report. The drainage area of the brook lies almost wholly within the Town of Swampscott, a small part only being in the town of Marblehead. It empties into the sea practically on the line between Swampscott and Marblehead through a wooden box out- fall. As this outfall is located in an exposed position it is sub- ject to damage by storms, notwithstanding that it is protected as far as possible by heavy piles set in the beach in front of it.
A third brook runs from the swamp between Humphrey street and Orient street, entering the sea through a wooden box outfall at the southeasterly end of Blaney Beach. This brook is of no considerable size and serves only to drain the swamp above mentioned of the water which flows to it from the surrounding high land.
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