USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1915 > Part 20
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BELLEVUE ROAD 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 suustantially in the line of a private way known as Bellevue Road, such notice requiring all per- sons interested to appear before us at our room in the Town Hall on Friday, December 17, 1915, at 8.00 P. M., and caused such notice to be actually served according to law by a Constable of the Town at least seven days before the day so appointed for the hearing, upon
Clara C. Varney James W. and Annabelle Calder Flora E. Pope John W. Wilson Frank E. Powers
Clara D. Sanders Richard Robbins Minnie Sutherland Frederick E. Rowell
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
208
TOWN DOCUMENTS.
[ Dec. 31
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 point on the southerly line of Humphrey Street, said point being 72.38 feet distant from the angle point on the southerly line of Humphrey Street; thence running South 70 degrees, 49 minutes, o seconds East for a distance of 969.40 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 48.66 feet, said point being distant 684.93 feet from the point of curve; thence running North 70 degrees 49 minutes o seconds West for a distance of 935.82 feet to the southerly line of Humphrey street; thence along the southerly line of Humphrey street north 10 degrees, 51 minutes, 10 seconds East for a distance of 10.43 feet to the point of beginning.
Whereas a portion of the said Bellevue Road as constructed in ac- cordance 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 up- per surface of the; said side slopes having a rate of one and one-half ( 172 ) feet measured horizontally to one ( t ) 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 de- fined 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 roadbed 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 accept- ance, and when so accepted, allowed, and recorded, is to be called Bellevue Road.
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.
This street, although having been used for a number of years, the property abutting thereon has not been improved until recently. At the present time there are a number of new residences on the Beach Bluff end, and all of the parties abutting upon this street have signified their inten- tion of signing waivers.
We recommend the acceptance of this street subject to the signing of waivers.
The street is constructed only so far as the travelled roadway is con- cerned, and probably in another year an appropriation will have to be asked for to regrade this road to the profile shown on the plan.
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SELECTMEN'S REPORT.
1915]
CLARKE ROAD 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 Clarke Road, such notice requiring all persons interested to appear before us at our room in the Town Hall, on Friday, December 17, 1915, at 8.00 P. M., and caused such notice to be actually served ac- cording to law by a Constable of this Town at least seven days before the day so appointed for the hearing, upon
Annette P. Conklin Priscilla C. Brown Minnie Sutherland Frederick A. Bogardus Zilphia A. E. Chandler Ethel M. Goffin Richard Robins
being all the parties known to us from whom land is taken or 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 at- tested 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 com- mon 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 point on the northerly side of Beach Bluff avenne, said point being 178.39 feet distant from a stone monument set at the intersection of Beach Bluff avenue and Humphrey street; thence run- ning north 16 degrees, 35 minutes, 10 seconds East for a distance of 322.78 feet, to the southerly line of Bellevue road, thence along the southerly line of Bellevue road south 70 degrees, 49 minutes, 00 seconds East for a distance of 40.04 feet; thence running south 16 degrees, 35 minutes, 10 seconds, west, for a distance of 324.17 feet to the northerly line of Beach Bluff avenue; thence along the northerly line of Beach Bluff avenue north 68 degrees, 50 minutes, 50 seconds, west for a distance of 40.13 feet to the point of beginning.
Whereas a portion of the said Clarke Road 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 said side slopes having a rate of one and one-half (11/2) 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 lipes 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 roadbed 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 January, 1915, approved by us, verified by our sig- natures, 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 Clarke Road.
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TOWN DOCUMENTS.
[Dec. 31
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.
This road connects Bellevue road with Beach Bluff avenue, and is in good condition, requiring only the usual care and maintenance.
We recommend its acceptance upon the signing of waivers by the adjacent owners.
GREENWOOD TERRACE 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 Greenwood Terrace, 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 caused 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
Mrs. Frances H. Connell
Mrs. Josie D. Perkins
Mrs. Margaret A. Noonan
Charles J. Primrose Mrs. Beatrice M. Backus
Sarah F. Hutt Sarah C. Hutt
Mrs. Lillie F. Payne
Arthur M. Phillips Mrs. Alice T. Conner Estate of Minnie M. Childs
William D. Hutt William H. Bessom
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 con- venience and necessity require that said street should be laid out as a Town way, and it is hereby so laid out.
Beginning at a point on the easterly side of Greenwood avenue. said point 77.58 feet distant from the point of curve, which is 40.00 feet distant from a stone monument set in the westerly side of Greenwood Avenue ; thence curving to the left with a radius of 15.16 feet for a distance of 33.68 feet ; thence running north 67 degrees, 9 minutes, 50 seconds East for a distance of 228.24 feet ; thence curving to the left with a radius of 25.00 feet for a distance of 23.18 feet ; thence curving to the right with a radius of 25.00 feet for a distance of 101.72 feet ; thence running South 67 degrees, 9 minutes, 50 seconds West for a dis- tance of 313.44 feet to the easterly line of Greenwood avenue ; thence curving to the right with a radius 307.98 feet for a distance of 63.73 feet along the easterly line of Greenwood avenue to the point of beginning.
Whereas a portion of the said Greenwood terrace 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
21I
SELECTMEN'S REPORT.
said embankment by means of side slopes upon the adjoining land, the upper surface of the said side slopes having a rate of one and one-half (11/2) 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 herein- before defined, and shown on said plan and profile for building, or for any other purpose or use whatsover incident to the ownership of the fee in the land taken for said slopes, which will not impair the security of the roadbed of said way.
For 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 signatures, and adopted as a part of this record.
Said street so laid out is hereby reported to the Town for accept- ance, and when so accepted, allowed and recorded, is to be called Greenwood terrace.
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.
This road was laid out upon the petition of the adjoining owners, who have agreed to sign the necessary waivers upon the laying out and accept- ance by the Town. No damages are awarded, and no expenditures of money will be required for a few years.
We recommend its acceptance as laid out.
CEDAR HILL TERRACE TOWN OF SWAMPSCOTT OFFICE OF THE 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 Cedar Hill Terrace, 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 caused 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
Mary D. Farnham
Grace and Gertrude Dame
Lemuel W. Litch
Jennie H. Stevens
Clarence J. Lander
George B. Green
Selwyn B. Parker
Goldia S. C. Wood
Agnes T. Santry
Herbert A. Woofter
Harry E. Hardy
William H. Outrim
Charles E. Phillips Philbrick & Pope
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 naines 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.
1915]
212
TOWN DOCUMENTS.
[Dec. 31
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 decided to be heard, and having viewed and examined the route of the street as hereinafter described we do adjudge that com- mon 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 point on the northerly side of Humphrey street, said point South S9 degrees, 05 minutes, o seconds East and a distance of 522.79 feet from a stone monument set at the angle on the northerly line of Humphrey street ; thence running North o degrees, 56 minutes, 50 seconds West for a distance of 150.26 feet ; thence running North 20 degrees, 44 minutes, o seconds West for a distance of 170.38 feet ; thence curving to the right with a radius of 40.00 feet for a distance of 39.14 feet ; thence running South 76 degrees, 47 minutes, 50 seconds East for a distance of 32.54 feet ; thence running North 20 degrees, 43 minutes, 20 seconds West for a distance of 60.26 feet ; thence running North 76 degrees, 47 minutes, 50 seconds West for a distance of 39.42 feet ; thence curving to the left with a radius of 15.00 feet for a distance of 32.45 feet ; thence running North 20 degrees, 44 minutes, o seconds West for a distance of 42.75 feet ; thence running North 28 degrees, 38 minutes, 30 seconds West for a distance of 185.65 feet ; thence curv- ing to the right with a radius of 30.00 feet for a distance of 47.12 feet ; thence curving to the right with a radius of 20.00 feet for a distance of 45.87 feet ; thence curving to the left with a radius of 20.00 feet for a distance of 14.45 feet to a stone monument ; thence running South 2S degrees, 38 minutes, 30 seconds East for a distance of 171.95 feet to an iron bolt ; thence running South 20 degrees, 44 minutes, o seconds East for a distance of 332.60 feet to a stone monument ; thence running South o degrees, 56 minutes, 50 seconds East for a distance of 158.54 feet to the northerly line of Humphrey street ; thence running South 89 degrees, 05 minutes, o seconds East along the northerly line of Hum- phrey street for a distance of 40.20 feet to the point of beginning.
Whereas a portion of the said Cedar Hill terrace 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 said side slopes having a rate of one and one- half (11/2) 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 roadbed 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 April, 1915, approved by us, verified by our signatures, and adopted as a part of this record.
The owners of the land abutting upon said street and the fee of the land over which said street is laid out, in consideration of the laying out and its acceptance by the Town, waive all claims to land, grade, or other damages, except Mary D. Farnham, Philbrick & Pope and Charles E. Phillips, to whom we award damages as follows:
Mary D. Farnham
$150 00
Philbrick & Pope . Charles E. Phillips
373 00
1,220 00
$1,743 00
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SELECTMEN'S REPORT.
1915]
Said street so laid out is hereby reported to the Town for acceptance, and when so accepted, allowed, and recorded, is to be called Cedar Hill terrace.
The said plan, profile, and this record are this day filed by us in the Office of the Town Clerk.
CLARENCE B. HUMPHREY, Chairman
Selectmen of Swampscott.
JANUARY 28, 1916.
This street is now constructed 29 feet wide; the surfacing is in poor condition, and at the north end the grade will have to be lowered three feet and just beyond filled three feet to meet the grades shown on the en- gineer's plans.
The engineer has not reported the cost to put this street in condition in accordance with plans and profile as laid out, but will furnish same to the Ways and Means Committee.
We recommend an appropriation for this work.
VIII. Board of Survey.
Only one application for approval of plans was made this year, being for a road through the Gale Estate on Puritan road.
Hearing was given, and plans as submitted were approved.
IX. Mudge Brook.
The building of this culvert to straighten this brook was transferred to the Board of Sewer Commissioners, as we considered that under their act they were the proper board to supervise work of this nature.
The Town having refused to approve the recommendations of the Ways and Means Committee in that no assessments be levied, the matter of assessment was referred back to the Board of Selectmen. We have taken this matter up with Town Counsel, and they report as follows :
PARSONS & BOWEN, Counsellors-at-Law, 14 Central Avenue.
LYNN, MASS., January 21, 1916.
Board of Selectmen, Swampscott, Mass .:
GENTLEMEN,-Relative to the right of the Town to levy assess- ments upon the abutting estates along Paradise road for the drain laid for the purpose of diverting Mudge brook and improve conditions along said road, we understand that the Town had prior to the con- struction of this drain extended a part of its sewerage system along this way, and levied assessments upon abutters for this sewer.
We are of opinion that the Town has no authority to levy an assessment upon the abutters on account of this second drain. The Town having made one assessment for sewerage purposes, has exhausted its authority.
The new work is of such character, however, that the Legislature doubtless would authorize an assessment by a special act, if the right were petitioned for.
Respectfully submitted,
HAB-M
PARSONS & BOWEN.
15
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TOWN DOCUMENTS.
[Dec. 31
This work cost the town $20,000, and while it benefits the whole town in disposing for all time of the drainage problem in this section, it cer- tainly also benefited those through whose lands the brook formerly ran, and who were always more or less inconvenienced by it.
We are of the opinion that the adjoining owners should pay an assess- ment, but not that equal to the sewer assessment, and recommend that the Board of Sewer Commissioners be instructed to determine the amount of this assessment and petition the Legislature for authority to assess the same.
X. New Library.
Mr. Elihu Thomson having presented the Town with land for the new library, and an article appearing in the Warrant to legalize this act, we print herewith copy of the deed of said land :
KNOW ALL MEN BY THESE PRESENTS
that I, Elihu Thomson, of Swampscott, in the County of Essex and Commonwealth of Massachusetts, in consideration of one dollar and other good and valuable consideration paid by the Town of Swampscott, a municipal corporation located in said County of Essex, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said Town of Swampscott, a certain piece or par- cel of land, situate in the Town of Swampscott in said County of Eseex and Commonwealth aforesaid, bounded and described as follows, to wit :-
Southwesterly by Burrill street seventy-five (75) feet; southeasterly by land now of this grantor one hundred ten (110) feet; northeasterly by land now of this grantor fifty-four and 58.100 (54.5S) feet; north- westerly by land now of the Swampscott Universalist Society one hundred twelve and 20.100 (112.20) feet ; containing 7,12S square feet; all said measurements and area being as shown on a plan entitled "Plan of Land in Swampscott, Mass., dated, November 10th, 1915, W. W. Pratt, Town Engineer," to be recorded herewith.
The above described premises are hereby conveyed subject to the following restriction :
Said premises are to be used only for Public Library purposes.
I hereby impose upon my remaining land for the benefit of the premises hereby conveyed, intended to be used for the purpose of a Public Library, the following restriction :
The strip of my remaining land immediately adjoining the prem- ises hereby conveyed on the Southeasterly boundary, measuring ten (10) feet in width, Southeasterly from said Southeasterly line of said prem- ises, as shown on the plan above referred to, and running back from said Burrill street, as shown on said plan, eighty (So) feet along said Southeasterly line, is to be kept open and free from any structure or building of any name or nature, exceeding ten feet in height, this restriction to be in force and binding upon me, my heirs, executors, administrators and assigns.
To HAVE AND TO HOLD the granted premises, with all the privi- leges and appurtenances thereto belonging, to the said Town of Swampscott and its successors, to their own use and behoof forever.
AND I hereby for myself and my heirs, executors and adminis- trators, COVENANT with the grantee and its successors that I am law. fully seized in fee-simple of the granted premises; that they are free from all incuinbrances; that I have good right to sell and convey the same as aforèsaid ; and that I will and my heirs, executors and admin- istrators shall WARRANT AND DEFEND the same to the grantee and its successors forever against the lawful claims and demands of all persons.
AND for the consideration aforesaid, I. Mary L. Thomson, wife of the said Elihu Thomson, do hereby release unto the said grantee and
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SELECTMEN'S REPORT.
1915]
its successors all right of or to both DOWER AND HOMESTEAD in the granted premises.
IN WITNESS WHEREOF we, the said Mary L. Thomson and Elihu Thomson hereunto set our hand and seal this fifteenth day of November in the year one thousand nine hundred and fifteen.
Signed and sealed in presence of
ELIHU THOMSON (Seal)
F. KEELER RICE (to both) MARY L. THOMSON (Seal)
COMMONWEALTH OF MASSACHUSETTS.
ESSEX, ss. November 18, 1915.
Then personally appeared the above-named Elihu Thomson and acknowledged the foregoing instrument to be his free act and deed, before me,
F. KEELER RICE, Notary Public.
Salem, November 30, 1915, 10 h. 16 m. a. m. Received and entered with Essex So. District Deeds, book 2316, page 32.
Attest :
WILLARD J. HALE, Register.
XI. Beaches.
Under Chapter 85 of the Resolves of 1915, the Board of Harbor and Land Commissioners were instructed by the Legislature to make studies and surveys of the sea beaches in Essex County. Their report upon the beaches in the Town of Swampscott, which may be of interest to the citizens at this time, is as follows :
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