USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1926 > Part 2
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Art. 34. To see if the town will vote to rescind the vote under Article 25 of the warrant for the annual town meeting held February 16, 1925, whereby the sum of $975 was appropriated to purchase an open express body automobile for the use of the Surveyor of High- ways.
Art. 35. To see if the town will vote to purchase an automobile for the use of the Surveyor of Highways in connection with his duties, and to appropriate money therefor.
Art. 36. To see if the town will appropriate a sufficient sum of money to permit the moving of furniture from the Hadley school to the annex connected therewith, and to permit also the purchase and installation of new furniture for use in said annex, as recommended by the School Committee.
Art. 37. To see if the town will vote to appoint a committee of three voters to serve with the School Committee to investigate the school needs of the Palmer school district, and to appropriate money therefor, as recommended by the School Committee.
Art. 38. To see if the town will vote to appropriate the sum of $1,100 to permit the School Committee to give "instruction in the use of English for adults unable to speak, read or write the same, and in the fundamental principles of government and other subjects adapted to it for American citizenship," in accordance with the provisions of
20
TOWN DOCUMENTS
[Dec. 31
Sections 9 and 10 of Chapter 69 of the General Laws, and Acts in amendment thereof and in addition thereto, as recommended by the School Committee.
Art. 39. To see if the town will vote to increase the membership of the School Committee from three members to five members as recommended by Howard B. Aborn, et als.
Art. 40. To see if the town will vote to accept Neighborhood road, Nason road and a part of Orchard road, and appropriate money for the same, as petitioned for by Isabelle D. Nason, et als.
Art. 41. To see if the town will vote to accept Atlantic road, Puri- tan Park and Puritan avenue as shown on a plan approved by the Board of Survey, June 6, 1924, and appropriate money for the same, as petitioned for by Charles D. C. Moore, et als.
Art. 42. To see if the town will vote to accept Erie street, from Pine street to the Lynn line, and appropriate money for the same.
Art. 43. To see if the town will vote to accept that part of Fuller avenue not yet accepted, namely, from Bond street to Forest avenue, and appropriate money for the same, as petitioned for by Dorothy A. Bamforth, et als.
Art. 44. To see if the town will vote to accept the way known as Banks circle, and appropriate money for the same, as petitioned for by Edward J. Garity, et als.
Art. 45. To see if the town will vote to accept Fuller terrace, and appropriate money for the same, as petitioned for by Archibald Miller, et als.
Art. 46. To see if the town will vote to accept Shelton road and appropriate money for the same, as petitioned for by Pasquale Grieco, et als.
Art. 47. To see if the town will vote to lay a sidewalk with curb- stone on the westerly side of Paradise road, from Franklin avenue to Norfolk avenue, to protect the citizens from the danger of traffic on Paradise road, and appropriate money for the same, as petitioned for by Everett C. Sinclair, et als.
Art. 48. To see if the town will vote to lay a curbstone on the south-easterly side of Atlantic avenue for a distance of approximately 450 feet, opposite the A. W. Preston estate, and appropriate money for the same, as petitioned for by Frances E. Preston, et als.
Art. 49. To see if the town will vote to authorize the Selectmen to appoint an Inspector of Wires, and appropriate money for the same.
Art. 50. To see if the town will vote to convey to Wilfred J. Fournier a lot of land numbered 33 on the old plan of Windsor avenue, as petitioned for by Wilfred J. Fournier, et als.
Art. 51. To see if the town will vote to pay James Cogswell, et als., the same price per square foot for land on Capen road, taken for ceme- tery purposes, as the town paid recently to James Callahan, et als., for land adjacent for a similar purpose, and appropriate money for the same, as petitioned for by Frank Cogswell, et als.
Art. 52. To see if the town will vote to appropriate $2,000 to pro- vide band concerts during the summer of 1926, the arrangements for the concerts to be in charge of the Park Commission, as petitioned for by Earl W. Ellis, et als.
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TOWN CLERK'S RECORDS
1926]
Art. 53. To see if the town will vote to appropriate the sum of $200 for the use of the American Legion on Memorial Day, as peti- tioned for by Philip R. Babcock, et als.
Art. 54. To see if the town will vote to authorize the Selectmen to settle any claim of Joseph Fittingoff for the taking of property by eminent domain at the easterly corner of Redington street and Hum- phrey street, and appropriate money for the same.
Art. 55. To see if the town will vote to authorize the Board of Selectmen to sell or remove the old Morris house, so-called, on land owned by the town adjoining the Town Hall, and appropriate money for the same.
Art. 56. To see if the town will vote to pay to the American Gas Accumulator Company, of Elizabeth, N. J., the sum of $201.49 in full settlement of their invoice dated February 6, 1925, for replacement of traffic beacon furnished the town to replace beacon damaged while in operation at the junction of Paradise road and Burrill street, and appropriate money for the same.
Art. 57. To see if the town will vote to establish the following scale of salaries for the permanent officers and men of the Fire De- partment to date from January 1, 1926: Chief, $2,360 per year; Dep- uty Chief, $2,160 per year; Captains, $2,100 per year; Privates, first year, $1,800 per year, second year, $1900 per year third year and thereafter $2,000 per year, and appropriate money for the same, as petitioned for by Edward T. Brown, et als.
Art. 58. To see if the town will vote to appoint a committee to report at the next annual town meeting on the advisability of a pro- posed celebration of the 75th anniversary of the incorporation of the town in the year 1927, as petitioned for by Stuart P. Ellis, et als.
Art. 59. To see if the town will vote to appropriate $1,000 for the celebration of the 150th anniversary of American Independence on July 4th next, as petitioned for by Alfred F. Frazier, et als.
Art. 60. To see if the town will vote to enlarge the garage at the Police Station and appropriate money for the same.
Art. 61. To see if the town will vote to amend the zoning by- law so as to allow the use of the premises on Cedar Hill terrace, owned by Connell & McDermott, as shown on Assessors' map, Plate 19, Lot 101, for business purposes, as petitioned for by John Connell, et als.
Art. 62. To see if the town will vote to appoint a committee to study the advisability of adopting the plan of limited or representa- tive town meetings, as petitioned for by Henry A. Sadler, et als.
Art. 63. To see if the town will vote to appropriate a sum of money for the dedication of the German war guns, as petitioned for by Leon E. Abbott Post, 57, American Legion.
Art. 64. To see if the town will vote to limit and establish the amount of explosives that may be stored within the limits of the town, as petitioned for by Clara F. Nies, et als.
Art. 65. To see if the town will vote to set the amount of bonds for all persons using explosives within its limits and regulate the same, as petitioned for by Clara F. Nies, et als.
22
TOWN DOCUMENTS
[Dec. 31
Art. 66. To see if the town will accept a grant of a strip of land bordering on Puritan road, now a part of the so-called Puritan Manor property, for the purpose of widening said road in accordance with plans made by W. W. Pratt, Town Engineer, and appropriate money for the same.
Art. 67. To see if the town will vote to rescind the votes under Articles 47, 48 and 52 of the warrant for the annual town meeting held February 16, 1925, whereby the sum of $750 was appropriated to lay a water main in Magnolia road, $2,400 to lay a water main in Orchard, Nason and Neighborhood roads and $1,000 to lay a water main in Oceanview road and to rescind the vote under Article 7 of the warrant for the special town meeting held April 7, 1925, whereby the sum of $950 was appropriated to lay a water main in Puritan Park, as recommended by the Water and Sewerage Commissioners.
Art. 68. To see if the town will vote to rescind the votes under Article 71 of the warrant for the annual town meeting held February 16, 1925, whereby the Treasurer, with the approval of the Selectmen, was authorized to borrow a sum not to exceed $4,150 for the purpose of laying six-inch water mains in Magnolia road at a cost not to exceed $750; in Orchard, Nason and Neighborhood roads at a cost not to exceed $2,400, and in Oceanview road at a cost not to exceed $1,000; also to rescind the vote under Article 11 of the warrant for the special town meeting held April 7, 1925, whereby the Treasurer was author- ized to borrow a sum not to exceed $950 for the purpose of laying a six-inch water main in Puritan Park, all as recommended by the Water and Sewerage Commissioners.
Art. 69. To appropriate and raise by borrowing, under any gen- eral or special law which authorizes the town to borrow money or otherwise, such sum or sums of money as may be necessary for any or all of the purposes mentioned in the foregoing articles.
The polls will be closed at 6 P. M.
And you are directed to serve this warrant by posting attested copies thereof at the Town Hall, Post Offices and three other public and conspicuous places in the town, seven days before the day appoint- ed for said meeting.
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 as aforesaid.
Given under our hands this twenty-second day of January, in the year 1926.
HARRY D. LINSCOTT, PHILIP W. BLOOD, R. WYER GREENE, Selectmen of Swampscott.
A true copy. Attest: FRANK H. BRADFORD, Constable.
Return on the Warrant
Purusant to the within warrant to me directed, I have notified the legal voters of Swampscott, by posting copies of said warrant at the Town Hall, Post Offices and three other public and conspicuous places in Swampscott, on Saturday, February 6, 1926, the posting of said notices being at least seven days before the time of said meeting.
FRANK H. BRADFORD, Constable.
23
TOWN CLERK'S RECORDS
1926]
ANNUAL TOWN MEETING, FEBRUARY 15, 1926
In accordance with the foregoing warrant the voters of the town assembled at the voting places in the several precincts, and were called to order at 6 o'clock A. M., by the presiding officer. The warrant call- ing the meeting with the return thereon was read by the clerk in each precinct.
The following were qualified as precinct officers:
Precinct 1-Warden, E. Stanley Flagg (R); Clerk, Robert B. Heg- arty (D); Inspectors, William P. Norcross (R); Charles E. Melzard (D); Tellers, Alexander Wallace, Jr. (R); Chester Lowe (R); Charles E. Watts (R); T. Page Bearce (R); Frank G. Goodwin (R); Edmund Young (R); Philip Leawood (R); John E. Barry (D).
Precinct 2-Warden, Fred C. Marsh (R); Clerk, Herman Story (R); Inspectors, John A. Finnegan (D); Victor Girardin (R); Tellers, Wil- liam H. Gowell (R); Timothy J. Ryan (D); William P. Bergin (D); Arthur E. Eaton (R); John Merchant (R); Charles E. Souther (R); James L. Taylor (R); George W. Ledbury (R); Charles E. Dudley (R); Leo P. Caproni (R); John A. Carroll (R); Irving A. Curtis (R); Walter L. Kehoe (R).
Precinct 3-Warden, William J. Lynch (D); Clerk, William C. Chat- man (R); Inspectors, Ellen Q. Lynch (D); Edward J. Hoar (R); Tellers, Robert L. McNamara (R); Olive E. Flagg (R); Louise A. Mil- ler (D); Ralph Melzard (R).
The balloting was started at 6 o'clock A. M., the count starting at 4.30 P. M. There were cast in Precinct 1, 910; Precinct 2, 1075; Pre- cinct 3, 200. Total vote, 2185.
The result of the balloting was declared at 10.05 P. M. as follows:
For Moderator:
Pre. 2 Pre. 3 Total
Kendall A. Sanderson, elected
Pre. 1 660
856
174
1,690
Blanks
250
219
26
495
For Town Clerk:
Ralph D. Merritt, elected .
747
942
179
1,868
Blanks
163
133
21
317
For Selectmen:
Philip W. Blood elected
471
789
170
1,430
Harry D. Linscott, elected
466
768
161
1.395
R. Wyer Greene, elected .
460
749
158
1,367
Julius A. Ulman .
434
274
33
741
John F. Luther
411
281
36
728
Willard P. Jackson
392
259
30
681
James Joseph Finnegan
23
45
4
72
Blanks
73
60
8
141
For Assessor for three years:
Edward A. Maxfield, elected Blanks
250
210
37
497
For Collector of Taxes:
Ralph D. Merritt, elected .
630
824
131
1,585
Frank A. Legro
197
187
46
430
Blanks
83
64
23
170
For School Committee, for three years:
George E. Mitchell, elected
463
626
122
1,211
Edward Tillotson
343
371
68
782
Blanks
104
78
10
192
660
865
163
1,688
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TOWN DOCUMENTS
[Dec. 31
For Overseer of Poor, for three years:
Harry E. Cahoon, elected . Blanks
208
194
29
431
For Board of Health, for three years:
Loring Grimes, elected
503
787
154
1,444
Charles L. M. Judkins .
364
237
25
626
Blanks
43
51
21
115
For Water and Sewerage Board, for three years:
Harold G. Enholm, elected
364
682
101
1,147
Harold F. Merrill
384
256
65
705
Blanks
162
137
34
333
For Park Commissioner, for three years:
Stuart P. Ellis, elected
698
885
165
1,748
Blanks
212
190
35
437
For Trustee of Public Library, for three years:
Louise C. Stanley, elected
663
897
168
1,728
Blanks
247
178
32
457
For Tree Warden:
Everett P. Mudge, elected
716
904
173
1,793
Blanks
194
171
27
392
For Constables :
Willis E. Shephard, elected
622
833
159
1,614
Frank H. Bradford, elected
623
805
154
1,582
George J. Place, elected
599
757
147
1,503
Blanks
886
830
140
1,856
For Commissioner of Trust Funds :
Weston K. Lewis
1
3
4
Scattering
12
8
20
Blanks
908
964
192
2,064
Adjourned at 10.30 P. M.
Attest: RALPH D. MERRITT,
Town Clerk.
ADJOURNED ANNUAL TOWN MEETING, FEBRUARY 16, 1926
In accordance with the adjournment of February 15, 1926, the voters were called to order by Kendall A. Sanderson, Moderator, at 8 P. M.
Voted to dispense with the reading of records of last meeting.
Voted, Article 2. To accept all reports of town officers, boards and committees, except those recommendations calling for appropriations, they to be referred to the Finance Committee.
The report of the Finance Committee was read by Charles I. Porter, chairman.
Report of the Finance Committee on Certain Matters in the Warrant of the Annual Town Meeting of 1926
Article 3. We recommend that the amount of bonds for the Town Treasurer be $30,000; for the Collector of Taxes, $20,000; for the Town Clerk, $1,000; for each member of the Water and Sewerage Board, $6,000; for Custodian of Trust Funds, $10,000.
702
881
171
1,754
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TOWN CLERK'S RECORDS
1926]
Article 5. We recommend that the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year begin- ning January 1, 1926, to an amount not exceeding in the aggregate the sum of five hundred thousand dollars ($500,000) and to issue a note or notes therefor, payable within one year, and debt or debts in- curred under any vote in consequence of this recommendation to be paid from the revenue of said financial year.
Article 11. We recommend that the town vote to lay a 6 inch water main in the follow streets: Magnolia road, 200 feet at an approximate cost of $1100; Nason road, 600 feet at an approximate cost of $2700; Puritan avenue, 300 feet at an approximate cost of $800; Hillcrest circle, 75 feet at an approximate cost of $300; Curry circle, 240 feet at an approximate cost of $660; King's Beach terrace, 435 feet at an approximate cost of $1442; Puritan manor, 1710 feet at an approxi- mate cost of $5600; the costs to be paid from the revenue of the Water Department, but that no water main shall be laid in any part of any of the above streets until the Town Engineer shall have cer- tified, in writing to the Board of Selectmen, that it conforms in line and grade to a plan accepted by the Board of Survey, and abutters have signed an agreement to pay 6% interest on the investment until the water rates of users are equal to the interest thereon; proper waivers to be obtained from the abutters if in the judgment of the Water and Sewerage Board waivers are necessary for the protection of the town.
Article 34. The cost of advertising for bids for the automobile was charged against this appropriation and the balance of the appro- priation was transferred to the Excess and Deficiency fund at the end of the year. The purpose of this article being already accomplished, we recommend that action on this article be indefinitely postponed.
Article 39. The School Committee has at least two distinct prob- lems to solve; first to maintan a high standard of teaching efficiency and second to expend in a business like manner by far the largest amount of money voted to any department of the town. Excellence in mental qualities for both of these purposes is unusual. An increase in the number of the committee will provide for the addition of mem- bers with highly developed business minds. Several times in recent years citizens with excellent qualifications have decided not to accept nominations, because they were not willing to oppose for election the present members of the School Committee. With two members to be elected, except every third year, this objection would be removed.
The general laws provided for school committees of 3, 6, 9, 12 or 15 members. Recognizing the need of committees larger than 3, but smaller than 9, and of an odd number, an amendment was approved last March changing the number permitted to 3, 5, 6, 7, or 9. Increas- ingn the membership of the School Committee to five will permit the election of a committee of more diversified qualities without reducing the number qualified to provide for proper instruction and will also permit the re-election of a satisfactory member as well as the addition of another desirable one.
To accomplish this increase we recommend that at the annual town meeting of 1927 three members be elected as follows, namely, two members for terms of three years and one member for the term of two years; that at the annual town meeting of 1928 one member be elected for the term of three years; that at the annual town meeting of 1929 two members be elected for the terms of three years.
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TOWN DOCUMENTS
[Dec. 31
Article 58. The general laws permit the town to appropriate money for the celebration of the anniversary of its incorporation on the fiftieth or multiples of the fiftieth year only. As no appropriation could be made for the use of this proposed celebration, we recommend that action on this article be indefinitely postponed.
Article 61. This article, if voted, would not amend the Zoning By- Law because the property is already used for business purposes. No further proposal is found in the article. Doubting the power of the town to act under this article, we have requested the Town Counsel to give us an opinion, which is as follows:
TOWN COUNSEL'S OPINION
Swampscott, Mass, February 12, 1926.
I have your letter of February 11 asking my opinion as to the power of the town to act upon the matters contained in Article 61 of the warrant. This article provides as follows:
"To see if the town will vote to amend the Zoning By-Law so as to allow the use of the premises on Cedar Hill terrace, owned by Connell & McDermott, as shown on Assessors' map, plate 19, lot 101, for business purposes, as petitioned for by John Connell, et als."
Article 4 of the Zoning By-Law provides as follows:
"Business Districts. In those areas in District 2 and indicated on the accompanying map in solid black, buildings may be used for business purposes provided that, in each case, after a public hearing of which fourteen days' notice shall be given in such man- ner as the Board of Selectmen may prescribe, said board shall determine that the purpose for which the building is sought to be used will not be substantially detrimental to the use of property in the vicinity thereof."
The area in question is in District 2, and reference to the zoning map shows that it can be used for business purposes. It is therefore subject to the provisions of Article 4, above quoted.
A careful reading of Article 61 shows, it seems to me, that no amendment to the zoning by-law is contemplated. It merely seeks permission from the town to use certain premises for business pur- poses, the nature of which is not disclosed by the article; it is under- stood, however, that it is the intention of the owners to use the premises for the business of plumbing and heating. In my opinion the town, acting in its corporate capacity, that is in town meeting assembled, has no power to grant this permission since, when it adopt-
ed the Zoiing By-Law, it delegated to the Board of Selectmen, by the provisions of said Article 4, the power to act in matters of this nature, and, in the same article, carefully prescribed the manner in which this power should be exercised, namely, after a public hearing of which fourteen days' notice must be given to all interested persons, and after a finding by the Board of Selectmen that the purpose for which the premises are sought to be used will not be substantially detrimen- tal to property in the vicinity thereof. This by-law is binding upon the town as well as upon any individual inhabitant thereof.
It may be well to add that at the time of the adoption of the Zoning By-law, the premises in question were used for the storage of plumb- ing supplies in limited quantities. The present owners of the property have the right to use the premises for the same purpose, as provided
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TOWN CLERK'S RECORDS
1926]
in Article 5 of the Zoning By-law, but, before they can use them for a purpose substantially different in character, they must, in my opinion, take the steps prescribed in said Article 4.
Very truly yours, Signed JAMES W. SANTRY, Town Counsel.
We recommend that action on this article be indefinitely postponed.
Article 62. Several towns of 12,000 inhabitants or over have found the representative form of town meeting of great benefit. At the election this fall the State Constitution will probably be amended to give this right to towns of 6,000 or over.
We recommend that the town vote to appoint a committee of three members to study the advisability of adopting the plan of limited or representative town meeting and to report at the next town meeting following the completion of their report.
Article 67. The cost of laying water mains in the streets named in this article was paid from revenue of the Water Department.
We recommend that the town vote to rescind those parts of the votes under Articles 47, 48 and 52 of the warrant of the annual town meeting of 1925 and Article 7 of the special town meeting of April 7, 1925, which appropriated and authorized the Treasurer to borrow the amounts specified for the purposes specified in this article.
Article 68. We recommend that the town vote to rescind that part of the vote under Article 71 of the warrant of the annual town meet- ing of 1925, which appropriated and authorized the Treasurer to bor- row the amounts specified for the purposes specified in this article.
CHARLES I. PORTER, Chairman, JOSEPH ATWOOD, HARRY L. NORRIS, HOWARD B. ABORN,
Finance Committee.
Voted, Article 3. To accept the report of the Finance Committee, and their recommendations be adopted as follows: To require of the Town Treasurer, a bond of $30,000; of the Collector of Taxes, a bond of $20,000; for the Town Clerk, a bond of $1,000; each member of the Water and Sewerage Board, a bond of $6,000; and Custodian of Trust Funds a bond of $10,000.
Voted, Article 5. To accept the report and adopt the recommenda- tions of the Finance Committee as follows: That the Treasurer with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1926, to an amount not exceeding in the aggregate the sum of five hundred thousand dollars ($500,000) and to issue a note or notes therefor, payable within one year, any debt or debts incurred under any vote in consequence of this recommenda- tions to be paid from the revenue of said financial year. (Unanimous).
Report of By-Law Committee
Article 6. The report of the By-Law Committee was read by the Town Clerk.
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TOWN DOCUMENTS
[Dec. 31
Voted: To accept and adopt the following By-Laws as read.
Section 4 of Chapter 2 that the words "six days before the day named in the warrant for holding said town meeting" be stricken out and that the word "forthwith" be substituted in place thereof, so that said section shall then read as follows:
Section 4. Whenever the warrant for any town meeting contains an article appropriating or involving the expenditure of money, creat- ing a debt, or disposing of town property, the Selectmen shall send a copy of the warrant containing such article to the Finance Committee forthwith, the committee shall consider the same and make report thereon with their recommendations to the town meeting.
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