USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1915 > Part 19
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We urged special consideration for the Town of Swampscott on account of the cost of Humphrey street; that this work was made necessary by the Metropolitan Parks reservation which ends substan- tially at the Lynn line; that there was no possibility that the Metro- politan Parks District would ever be extended further north than that reservation. The Commission gave close attention to the presentation of our case, but as I stated before, as yet they have made no report of finding. We submitted a brief upon this phase of the case, and will furnish you with additional copy of that if you care for it.
The case of Ryan v. Swampscott et als, a case brought to determine the status of the Surveyor of Highways regarding certain work voted to be done by the Town, has never come to final adjudication, for the reason that a Special Town Meeting passed a vote which answered the question involved, and madea decision of the court unnecessary.
The following cases are still pending against the Town :
May v. Swampscott Jordan v. Swampscott Collins' petition (Land Court)
Noyes' petition (Land Court)
Swampscott petition (Land Court) (Blaney Beach)
Corson v. Swampscott Cahoon v. Swampscott
Clay v. Swampscott Norcross v. Swampscott
In addition to preparation of these cases we have arranged certain matters with the Lynn Gas & Electric Company; conferred with the Massachusetts Highway Commission relative to matters affecting the Town; drawn certain instruments of taking for sewer purposes; have caused the abatement of certain nuisances for the Board of Health; examined contracts; disposed of the case of Carpenter v. Swampscott by settlement in the sum of $75 which appeared to be in the interests of the Town; attended hearing before the Municipal Council of Salem relative the storing of dynamite near the Town line; drawn contracts for the collection of offal and ashes, and attended to many other smaller matters which appear of insufficient public importance to warrant special mention.
Respectfully submitted,
PARSONS & BOWEN
XV. Streets Accepted.
Only one new street was accepted this year, namely, Walker Road, from the railroad to the State Road. The waivers have not as yet all been signed.
XVI. Redington Street Corners.
Under Article 65 of the Town Warrant of February 15, 1915, the Town voted to purchase the land at the corners of Redington and Humphrey
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SELECTMEN'S REPORT.
1915]
Streets for sidewalk purposes, as these streets, as laid out, intersected each other with square corners and the sidewalks as used were upon property of the adjacent owners.
The amount appropriated was $120, which allowed $1.50 per foot for the land to be taken. This amount was satisfactory to the owners, and deeds have passed conveying this land to the Town of Swampscott.
The George H. Holden deed conveys forty-three square feet on the west corner, and is recorded with Essex South District Deeds, Book 2309, Page 518.
The Eliza J. Tucker deed conveys thirty-seven square feet on the east corner, and is recorded with Essex South District Deeds, Book 2309, Page 522.
XVII. Burrill and Essex Street Corners.
The circumstances in this case were similar to those on Redington Street, and under Article 66, the Town appropriated $233.38 for acquiring this corner, the amount being equal to the sidewalk assessment in front of the estate, being the basis of settlement.
The deed of Ella F. Moore to the Town of Swampscott, conveying three hundred and sixty-one square feet, is recorded with Essex South District Registry of Deeds, Book 2304, Page 286.
XVIII. Cemetery Improvements.
Under Article 61, $1,200 was appropriated for developing additional lots at the Cemetery, and under plans and specifications prepared by the Town Engineer, bids were received as follows :
Earth
Rock
Filling
Sod
Road Surfacing
Totals
James T. Lyons
.30
$2.85
.60
.03
.18
$675 00
M. McDonough Co.
.50
1.50
.60
.05
.80
832 50
Mayo Construction Co.
.60
2.00
.30
.05
.50
825 50
Contract awarded to James T. Lyons, at unit prices as above. The work done consisted of preparing land for burial lots, which necessitated excavating all ledges and large stones to a depth of four feet and refilling with gravel, loaming and sodding the surface, and building the driveway along the north side, being a continuation of the present drives. While the lots are now available for use, the Engineer reports that $450 is necessary to finish the driveway and sodding.
This completes a section between this drive and the old cemetery, and makes available lots 10 x 12, for which there is a demand, as those in the last addition are mostly sold. The 43 lots containing 5,160 square feet, at fifty cents, when sold, amounts to $2,580, the fifty cents estimated as being twenty-five cents for perpetual care, and twenty-five cents for devel- oping.
XIX. Town Accountant.
Mr. Arthur C. Widger's appointment to the position is in accordance with the Town Account Act of 1911, Chap. 207 for periods of three years, and in addition he acts as Clerk for the Board of Selectmen. The work is
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TOWN DOCUMENTS.
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such that he gives all his time to this department, which with his previous knowledge of town affairs, makes him a valuable assistant. His books and records are always to be found well posted, and we wish at this time to express our appreciation for his assistance during the past year.
We recommend that his salary as Town Accountant be $1, 100.00.
XX. Selectmen.
This Board consists of three members, two of whom will be elected on the third Monday in February, 1916, and three in February, 1917, this bringing about the one-year term, instead of a three-year term, as voted in 1914.
Regular meetings are held at the Town Hall, Friday evenings, at 7.30 o'clock, for all business that may come before them.
MISCELLANEOUS.
I. Humphrey Street Widening.
Probably no other work in this vicinity has been so favorably commented upon as the improvements in Humphrey street from the Lynn line to Commonwealth avenue. It was practically finished at the time of our last report, but not then accepted by the Highway Commission, under whose supervision the work was being done. We refer to that and previous reports for details in connection with this work, and print herewith details of expense which have not before been published.
This work, which was started, March 25, 1914, was formally accepted by the Massachusetts Highway Commission on July 12, 1915, and turned over to the Town for care and maintenance.
With this clean, smooth roadway, with the dust nuisance practically eliminated, and muddy street a thing of the past, it is hard to remember conditions as they existed when the surveyor was continually resurfacing one side or the other each year.
The amounts paid by the Town in detail, are as follows :
Humphrey Street (Middle.) Station 1+88.50 to 25+47.50=2359.00 feet long.
Amounts paid M. McDonough Co. on State Engineer's estimates :
Prelim.Est. Final
Unit Prices
Amounts
10,000
8,517
cu. yds. earth excavation
.
1.50
$4,258 50
4,500
3,950
cu. yds. earth excavation, water
.60
2,370 00
900
564.8 cu. yds. ledge excavation
2.00
1,129 60
39.9 cu. yds. ledge excavation, sewer
6.00
239 40
275.10 cu. yds. ledge excavation, water
6.00
1,650 60
yds. earth excavation, sewer
.80
919 20
1,500
1,388.50 cu. yds. concrete boulder masonry
7.00
9,719 50
1,100
1,231 cu. yds. gravel, borrow
.25
307 75
4,500
4,124.60 sq. yds. gran. walks
1.50
6,186 90
531 lin. ft. iron fence
2.00
1,062 00
500
565 lin. ft. vitrified pipe, 12 in.
1.00
565 00
620
638 lin. ft. vitrified pipe, 15 in.
1.00
638 00
20
16 lin. ft. vitrified pipe, 18 in.
1.50
24 00
2,122
lin. ft. sewer pipe, 5 in.
.30
636 60
Quantities
Quan.
Items
300
1,149
1915]
SELECTMEN'S REPORT.
201
840 lin. ft. drain pipe, 10 in.
$ .50
$420 00
26 curb inlets
10.00
260 00
59.40 cu.fyds. concrete coping
12.00
712.80
3,000
2,922.60 lin. ft. new curb
1.00
2,922 60
2,000
1,917.30 lin. ft. old curb_set
.20
383 46
30 catch basin and manholes
50.00
1,500 00
Extras I. Investigating house con.
70.02
2. Watering and oiling
1,120 65
3 . Dry wells, sea wall
25.30
4. Dressing old curb
299.03
5. Relocating and hauling old curb
108.64
6. Extra sidewalk form
81.85
7. Grass plots
75.91
8. Plank walk
411.17
9. Detour signs
12.00
10. Changing manholes
145.49
11. Reshaping for wood blocks
181.41
12. Sea wall coping
105.20
13. Miscellaneous labor
13.80
$2,650 47
$38,556 38
Humphrey Street (Lynn End.) Station=1424 long. Amounts paid M. McDouough Co., on State Engineer's Estimates :
Quantities
Items
Unit Prices
Amounts
3,625.70
cu. yds. earth to Phillips Beach
$ .90
$3,263 13
200
cu. yds. earth to Nahant
1.10
220 00
21.10
cu. yds. earth ledge
2.00
12 20
42.90
cu. yds. sewer trench
.So
34 32
1.00
cu. yds. ledge trench
6.00
6 00
14.70
cu. yds. concrete
7.00
102 90
141.80
cu. yds. gravel
.25
35 45
1,442
sq. yds. gran. walks
1.50
2,163 00
521
lin. ft.'vitrified pipe, 10 in."
1.00
521 00
105
lin. ft. vitrified pipe, 12 in.
1.00
105 00
1 10
lin ft. sewer pipe, 5 in.
.30
33 00
199
lin. ft. sewer pipe 8 in.
.80
159 20
24
lin. ft. iron pipe, 8 in. .
1.50
36 00
6
curb inlets
10.00
60 00
I
catch basin
55.00
65 00
14
catch basin
50.00
700 00
938.50
lin. ft. new curb
1.00
938 50
1,161.80
lin. ft. old curb reset
.20
232 36
500
lin. ft. old curb, special
.30
150 00
2,825
sq. ft. soding, monument
.05
141 25
Extra work, old culvert and wells
$179 99
Removing old curb
66 13
New curb around monument
1,007 07
Loam and grading
434 17
Moving monument
200 00
Dressing old curb
28 41
1,915 77
$10,924 08
-
1,000
26 100
30
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TOWN DOCUMENTS.
[Dec. 31
Humphrey Street (East End.) Station 25+47.50 to 34+95.00=947.50 long. Amounts paid McDonough Co. on State Engineer's estimates :
Quantities
Unit Prices.
Amount.
629
cu. yds. earth .
$ 50
$314 50
84
cu. yds. earth
42 00
24
cu. yds. ledge .
2 00
48 00
172.2 cu. yds. sewer .
80
137 76
38 cu. yds. grave]
25
9 50
10
tons broken stone .
2 00
20 00
74
lin. ft. vitrified pipe 10 inches
50
37 00
223
lin. ft. sewer pipe 5 inches lin. ft. new curb
1 00
725 80
964.80
· lin. ft. old curb set .
20
192 96
163
sq. ft. sodding.
05
8 15
6
catch basins
50 00
300 00
6
curb inlets
10 00
60 00
683.40
sq. yds gran. sidewalk
1 50
1,025 10
Dressing old curb .
17 25
Changing sewer manholes
41 25
$3,046 17
SUMMARY. Humphrey Street (Middle.)
Appropriation
$50,000 00
Appropriation
5,000 00
$55,000 00
M. McDonough Co., contract
$38,556 38
Swampscott Water Department, stock
7,529 51
Swampscott Water Department, labor
2,260 88
Swampscott Water Department, water
128 00
Swampscott Sewer Department, labor
120 00
Miscellaneous expense, p. 205, report 1914
1,197 27
M. McDonough Co., excavation for wires
200 00
M. McDonough Co., sidewalks
148 00
M. McDonough Co., filling
14 99
M. McDonough Co., Phillips Beach filling
1,000 00
Lynn Gas, Fish house
14 25
Transfer to Extensions
1,100 00
Transfer to Paradise Road sidewalks
2,200 00
54,468 68
Balance
$531 32
Humphrey Street (Extension.)
Appropriation
$15,000 00
Transfer
1,100 00
$16,100 00
Lynn End.
McDonough contract .
$10,924 OS
Landscape architect
129 20
Lynn Gas poles
132 00
Fence and grading
S9 73
Grass signs ·
7 59
Monument lot
175 00
Sidewalk, Ames estate
90 75
-
.
.
.
-
$11,548 35
.
30
66 90
725.80
-
$51,168 68
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SELECTMEN'S REPORT.
1915]
East End.
McDonough contract
,
$3,046 17
Sidewalks
118 37
Sewer connections (iron)
143 16
Sewer manholes
85 00
Marshall street curb
58 95
Sidewalks, special
1,100 00
$5,551 65
$16,100 00
II. Phillips Park Filling.
The Humphrey street contract provided that all surplus filling not used in regrading the street be deposited upon the Phillips park at such places as the Park Commission should direct. It did not require spreading, so that in order to have this spreading done and excavate the north-west corner, the Town appropriated $1.000 for this purpose.
At the completion of this work, the Board received a bill from M. McDonough Co., for $2,164.20, for services rendered at these grounds. While we recognized a liability, we disputed this amount, and, after paying $1,000 on account-from the Humphrey street account-we took the matter up with the Park Board and the Town Engineer.
The Engineer, after careful investigation, reports that in his opinion the following amounts are correct, and we considered 15 cents a maximum amount to be allowed for spreading.
Area filled
· 105,300 sq. ft.
Total filling .
Amount excavated within limits
11,300 cu. yds. 800 cu. yds. .
10,500 cu. yds.
Plus 10% ·
1,050
11,550
Allowance 15c. per yd.
$1,732 50
The following are copies of letter to the Park Commissioners together with their reply, in reference to this matter :
OFFICE OF THE BOARD OF SELECTMEN.
September 3, 1915. Board of Park Commissioners, Swampscott, Mass .:
GENTLEMEN,-The M. McDonough Company have filed with the Board of Selectmen a claim for extra compensation for spreading material on Phillips Park after the date to which they claim their ser- vices were paid for by you.
Whereas the Town appropriated certain sums of money for this work, and the McDonough Company did do work on the Park under your supervision, will you kindly file with us a statement as to what the moneys paid by you were for, and what proportion was paid for spreading the filling deposited on the Park from the Humphrey street excavation, together with the date that the McDonough Company ceased to work under your supervision caused by the fact that your appropriation had been exhausted?
These figures, together with data which we will obtain elsewhere, will assist us in coming to a settlement as to the validity of the claim.
Very truly yours,
CLARENCE B. HUMPHREY, JAMES F. CATON, ELIAS G. HODGKINS.
Board of Selectmen.
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TOWN DOCUMENTS.
[Dec. 31
OFFICE OF THE SWAMPSCOTT PARK COMMISSION.
SWAMPSCOTT, MASS., September 3, 1915. Board of Selectmen:
GENTLEMEN,-With reference to the bill of the M. McDonough Company submitted to the Park Commissioners this date, we will say that Mr. McDonough was instructed by this Board on May 15, 1914, to discontinue all work at Phillips Park.
This order was given because of the fact that the bills for labor of spreading material at this park had reached the total of $972.81 and the Board decided to stop the work in order to avoid overrunning the appropriation. Any labor performed subsequent to this date was absolutely without the authority of the Board, as the contractor was plainly warned that the Commissioners would not stand responsible for any further bills for labor.
The best estimate we can make of the proportion paid for spreading is about $700. The men and teams were at work at the same time on cutting down the grade of the higher portions, and spreading the mate. rial from the Humphrey street excavation, so it is very difficult to separate the charges for these two items. However, it is our best judgment that the bills for handling the material already on the Park did not exceed $270.00.
We might add that the contractor was instructed by the Commis- sioners to continue to dump on the Park the material to which the Town was entitled, and to leave the same without spreading.
For the Commissioners, STUART P. ELLIS, Secretary.
Our findings in this matter are as follows :
Amount due
$1,732 50 Amount paid per Humphrey street, $1,000 00
Amount paid per Park Board 702 81
1,702 81 $19 69
We recommend this amount be paid M. McDonough Co., from the Park appropriation for 1916.
It developed at the hearing that in the McDonough bill was included money for work done at Jackson Park in 1914, and that they were instructed to include it in this claim by the then commissioners.
We refuse to allow it and would suggest that if the M. McDonough Co. has any claim against the Town for work done in 1914, that they proceed to collect it.
III. Washington Memorial Building
Congress has authorized the erection of the George Washington Memo- rial Building, and a superb site for it has been set aside in the City of Washington. The sum of $2,500,000 is required for its erection, and Massachusetts is expected to contribute $200,000. The Massachusetts Advisory Council has divided this amount among the various cities and towns, and the amount Swampscott is expected to pay is $450.
In June, 1915, about fifty of the cities and towns had completed their quota.
The Act under which this money can be appropriated is as follows :
Act of the Massachusetts Legislature. Chapter 116, Acts of the year 1903.
Section 1. Any city by vote of its City Council, or by vote of its Board of Aldermen, in a city which has no Common Council, and any town by vote at its annual meeting or at any special meeting called for
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SELECTMEN'S REPORT.
1915]
the purpose, may appropriate money for erecting, dedicating or keep ing in repair monuments in memory of soldiers or sailors who served in their country in the war of the American Revolution.
We recommend that $450 be appropriated for the above purpose.
IV. Salaries.
In our report last year, we printed the salaries paid all elected and appointed town officers for comparative purposes, and recommended a careful revision, taking into account the time and service rendered.
No action was taken as a whole, but another spasmodic change was made, which later developed into a lawsuit against the Town, which is still pending.
We recommend this year that the Ways and Means Committee study this subject, revise the list, and bring in the several rates, all tabulated, to be voted upon in their entirety and fixing the salaries and rates to be paid for the twelve calendar months.
V. Blaney Beach Wall.
We reported upon this proposition in last year's report, page 110, which shows agreement entered into with the adjoining owners as to the exchange of lands and the building of a wall. The case is still pending in the Land Court, and since then the same agreement has been signed by Mary E. Redfern, and negotiations are pending whereby we expect to reach the satne agreement with George E. Noyes. Under this agreement the wall must be built on or before January 1, 1920, and then such portion of the beach below the wall could be placed under the supervision of the Park Commission, as a part of the Blaney Beach Reservation.
Every citizen recognizes the importance of having the beach problem solved, and appreciates the spirit in which the adjoining owners are co- operating with the Town. As we now have a continuous line on the east end along which agreements are signed, we recommend that a start be made this year, commencing at the Fish House, and that $2,000 be appropriated for that purpose.
VI. Insurance.
The past year the Town was insured under the Employee's Liability Act and the premium paid was $761.00. Very few accidents were reported, and, considering our manner of caring for these in the past, we doubt the advisability of continuing this form of insurance. We would recom- mend that it be taken care of by the Town as before, when each individual case, consisting of doctor's bills, etc., were paid out of the appropriation to the respective departments.
If this does not meet with your approval, it will be necessary for an appropriation of $1,200, which we have provided for in the Warrant.
Last year we called the attention of the citizens to general insurance, as carried on all properties of the Town, the average yearly premium being about $1, 100, and also to Chapter 576 of the Acts of 1907, Section 102-105, inclusive, which provides that Towns may, by the acceptance of the pro- visions of this Act, establish and maintain a municipal building insurance fund, from which any municipal building damaged or destroyed by fire, etc., may be repaired or rebuilt. It further provides that the Town may
206
TOWN DOCUMENTS.
[Dec. 31
raise an amount not exceeding one-twentieth of one per cent of the assessed valuation each year until such time as the amount of the fund equals one per cent of the valuation of the Town. This fund to be taken care of by trustees.
We think this subject should be given consideration and we placed this act upon the ballot to be voted upon. In case of a negative vote, we have placed upon the Warrant an Article calling for an appropriation of $1,200 for insurance purposes, anticipating favorable action upon the By-Laws Committee Report.
VII. New Streets.
Applications to lay out Clarke Road were made last year, but on account of its being connected with two other private streets, we took no action upon the applications, but deferred it until such time as we should lay out Beach Bluff avenue. This street has been laid out by the Selectmen on their own initiative, that Clarke road and Bellevue road may also be laid out at this time. We report Beach Bluff avenue for acceptance at the February meeting.
BEACH BLUFF AVENUE TOWN OF SWAMPSCOTT OFFICE OF BOARD OF SELECTMEN
January 1, 1916.
We, the undersigned Selectmen of Swampscott, gave written notice of our intention to lay out a street substantially in the line of a private way known as Beach Bluff Avenue, such notice requiring all persons interested to appear before us at our room in the Town Hall, on Friday, December 17, 1915, at 8 P. M., and causing such notice to be actually served according to law by a constable of this Town at least seven days before the day so appointed for the hearing upon
Samel Hobbs Bertha H. Mayo
Hattie E. Northrop
Mrs. Catherine Fields
Mrs. Susan H. Canterbury
Mrs. Grace G. Fowler
Mrs. Annette B. Conklin
Mrs. Anna G. Bogardus
Mrs. Kate F. Flynn Mrs. Grace O. Wright
being all the parties known to us from whom land is taken or who may be interested in the subject-matter, and gave notice to them, and all other persons and corporations, if any, who may be interested in the subject-matter whose names are not known to us, by posting up true and attested copies of such notice in three public places in the Town seven days at least before the day appointed for the hearing.
Pursuant to such notice, we met at the time and place appointed for the hearing, and heard the remarks and objections of all persons, if any, who desired to be heard, and having viewed and examined the route of the street as hereinafter described we do adjudge that common convenience and necessity require that said street should be laid out as a town way, and it is hereby so laid out.
Beginning at a stone bound set on the northerly side of Humphrey street ; thence running South 68 degrees 50 minutes, 50 seconds, east for a distance of 387.99 feet to a stone monument; thence running south 74 degrees, 20 minutes, 20 seconds, east for a distance of 340.77 feet to the northerly line of the Boston & Maine railroad location ; thence curving to the left with a radius of 1,739.12 feet for a distance of 44.20 feet, said point being distant 290.02 feet, from the pointof curve; thence running north 74 degrees 20 minutes, 20 seconds, west for a distance of 323.S9 feet ;
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SELECTMEN'S REPORT.
1915]
thence running north 68 degrees 50 minutes 50 seconds west for a dis- tance of 394.92 feet to a stone monument set on the southerly line of Humphrey street; thence along the southerly line of Humphrey street north 28 degrees 16 minutes 30 seconds east for a distance of 40.32 feet to a stone monument, the point of beginning.
Whereas a portion of the said Beach Bluff avenue as constructed in accordance with the plan and profile accompanying this laying out is to be built in embankment, the Selectmen take the right to support the said embankment by means of side slopes upon the adjoining land, the upper surface of the side slopes having a rate of one and one half (1 1-2) feet measured horizontally to one (1) foot measured vertically, measuring down to the level of said adjoining land, from the grade of the side lines of the street, as shown on said plan and profile; but the said Selectmen expressly reserve to the owners of land taken for said slopes, and their heirs and assigns, the right to use said slopes and the land taken therefor up to the side lines of said way, as hereinbefore defined and shown on said plan and profile for building, or for any other purpose or use whatsoever incident to the ownership of the fee in the land taken for said slopes, which will not impair the security of the roadbead of said way.
For a further identification of this description and location refer- ence is hereby made to a plan and profile made by W. W. Pratt, Town Engineer, dated December, 1915, approved by us, verified by our signa- tures, and adopted as a part of this record.
Said street so laid out is hereby reported to the Town for acceptance, and when so accepted, allowed, and recorded, is to be called Beach Bluff Avenue.
The said plan, profile, and this record are this day filed by us in the office of the Town Clerk.
CLARENCE B. HUMPHREY, Chairman. JAMES F. CATON, ELIAS G. HODGKINS,
Selectmen of Swampscott.
No awards have been made, and we recommend the acceptance of this street, subject to the signing of waivers by all the adjoining owners. The street is in good condition, and will not require the outlay of any money on it other than the usual care and maintenance, for a number of years.
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