USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1928 > Part 10
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These buildings are located upon the most desirable part of this land and therefore would have to be included in any taking that was made. They are assessed for $17,000. The land is assessed for $16,000, making a total assessment of $33,000.
The direct cost of taking this land would be very high and the annual loss in taxes thereafter would be substantial.
In addition to the cost, there are other objections to the use of this land for school purposes. We are informed by the School Committee that very few of the children who would attend this school live on the side of the street where this land is situated. In other words, most of the pupils-about ninety per cent-live on the opposite side of Hum- phrey street. These pupils, therefore, to reach the school, would be required to cross Humphrey street, and, because of the heavy traffic in the vicinity of this location, would thereby be subjected to great danger. The ages of the pupils at this school range from six to eleven years. We believe that a school at this location would expose these young children to great danger.
There are other lesser objections. It is too far removed from the center of the community that this school is designed to accommodate; and again, it is a noisy location.
After reconsidering the subject, we find no reason for changing
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the opinion we expressed at the Special Meeting held May 10, and therefore recommend that action under this article be indefinitely post- poned.
JAMES W. SANTRY, FREDERICK J. RUDD, JOHN A. WALDO, PAUL W. BRICKETT, CHARLES F. HATHAWAY, JOHN R. HURLBURT, CHESTER A. BROWN, RALPH J. CURTIS.
Voted, Article 1. To accept the report of the Finance Committee and adopt their recommendations, viz .: That action under this article be indefinitely postponed.
Voted, Article 2. Action on this article be indefinitely postponed. Voted to dissolve at 7.40. Attest:
RALPH D. MERRITT, Town Clerk.
SPECIAL TOWN MEETING Wednesday, November 14, 1928
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 di- rected 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 fourteenth day of November at 7.30 P. M., then and there to act on the following articles, viz .:
Article 1. To see if the town will vote to take by eminent domain for public school purposes, and will appropriate money therefor, as petitioned for by the school committee, the following described land:
Beginning at a point on the northerly side of Forest avenue, thence running N 70-07-40 W for a distance of 210 feet from a drill hole; thence turning right angle bounded by land of Maria S. Hastings for a distance of about 386 feet; thence northwesterly bounded by land of Maria S. Hastings and others for a distance of about 300 feet; thence southerly bounded by land of Maria S. Hastings for a distance of about 427 feet to the northerly side of Forest avenue; thence along the north- erly side of Forest avenue to the point of beginning; containing about 122,000 square feet. This land is assessed to Maria S. Hastings.
Art. 2. To see if the town will authorize the Board of Selectmen to take by eminent domain for the purpose of widening Blaney street, and appropriate money therefor, the following described parcels of land on said Blaney street:
Beginning at a point situated in the easterly line of Blaney street, said point being the beginning of curve to Humphrey street; thence N 45-15-20 E along the old line of Blaney street for a distance of 89.84 feet; thence S 59-58-30 E bv land now or formerly of Blaney for a distance of 3.41 feet; thence S 47-20-00 W by land now or formerly of Lynch, for a distance of 90.79 feet to the point of beginning. Said parcel contains 148.00 square feet.
Beginning at a point situated in the easterly line of Blaney street; said point being 51.00 feet southwest of a stone bound placed at the angle of Blaney street; thence S 55-07-10 W along the easterly line of Blaney street for a distance of 15.70 feet, thence S 44-33-50 W for a distance of 8.19 feet; thence S 59-58-30 E by land now or formerly of Charles E. and Arthur L. Lynch for a distance of 1.83 feet; thence N 47-20-00 E by land of Fred E. Gould, for a distance of 23.14 feet, to the point of beginning. Said parcel contains 33 square feet.
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Art. 3. To appropriate and raise by borrowing or otherwise under any general or special law which authorizes the town to raise money by borrowing or otherwise, such sum or sums of money a's may be necessary for any or all of the purposes mentioned in the foregoing article.
And you are directed to serve this Warrant by posting an attested copy thereof at the Town Hall, the Post Offices, at least one public and conspicuous place in each precinct in the town, and at or in the imme- diate vicinity of each railroad station in the town, seven days before the day appointed 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 aforesaid.
Given under our hands this third day of November, A. D. 1928. (Sea1)
HOWARD K. GLIDDEN, R. WYER GREENE, DANIEL F. KNOWLTON, Selectmen of Swampscott.
A true copy. Attest: FRANK H. BRADFORD, 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, at least one public and conspicuous place in each precinct in the town, and at or in the immediate vicinity of each railroad station in Swampscott on Tuesday, November 6, 1928, the posting of said notices being seven days before the time of said meeting.
FRANK H. BRADFORD, Constable.
SPECIAL TOWN MEETING Wednesday, November 14, 1928
In accordance with the Warrant the meeting was called to order by Kendall A. Sanderson, Moderator.
Voted to dispense with reading of Warrant except the return there- on, which was read by the Town Clerk.
Finance Report
The Finance Committee report was read by James W. Santry, Chairman.
Article 1. This article involves the taking of a certain parcel of land in Forest avenue, owned by Maria S. Hastings and containing about 122,000 square feet. These premises were before the town for consideration at a special meeting held the 10th day of May, 1928. A majority of the Finance Committee reported in favor of the taking of this lot of land, while a minority favored the taking of the Palmer site, so-called. By a small margin, the meeting adopted the recommendation contained in the minority report, namely the taking of the Palmer lot. Proceedings were then instituted to refer this question to the voters and at a special meeting called for that purpose, the minority report was defeated by a very substantial vote.
The above-mentioned reports of the Finance Committee considered quite carefully the characteristics of the Hastings and the Palmer lots and their availability for school house purposes.
The committee does not feel that it is necessary to go into the features of the Hastings lot at this time because they have been under consideration so recently by the town.
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The need of a school building that will adequately care for the re- quirements of this neighborhood, are more pressing now than they were when the matter was before the town a short time ago. It appears, for instance, that at the opening of school, sixteen pupils, around the age of twelve years, who should attend a school in their own neighbor- hood, are forced to attend the Hadley school. This condition required the transfer of an equal number of pupils from the Hadley school to the Clarke school. In other words, the lack of proper school accommoda- tions in this locality has caused inconvenience not only to sixteen pupils there, but also to sixteen pupils living in the vicinity of the Hadley school and their respective families. Although the School Committee, like the Finance Committee, was divided at the earlier meeting on the question of the desirability of these two lots, since the Palmer site has been eliminated, they are now unanimous in their belief that the Hast- ings lot should be taken.
After conferring with the School Committee and after considering the subject, we recommend that the Board of Selectmen, in behalf of the town, be and hereby are authorized to take in fee for public school purposes the following described premises and that the sum of $10,000 be appropriated therefor from the Excess and Deficiency Fund, namely:
Beginning at a point on the northerly side of Forest avenue, thence running N 70-07-40 W for a distance of 210 feet from a drill hole; thence turning right angle bounded by land of Maria S. Hastings for a distance of about 386 feet; thence northwesterly bounded by land of Maria S. Hastings and others for a distance of about 300 feet; thence southerly bounded by land of Maria S. Hastings for a distance of about 427 feet to the northerly side of Forest avenue; thence along the northerly side of Forest avenue to the point of beginning; containing about 122,000 square feet, as petitioned for by the School Committee.
Article 2. This article concerns the taking of land along the east- erly side of Blaney street for the purpose of increasing the width of a part of this street.
After conferring with the Board of Selectmen, it was felt that the purpose of this article can be accomplished by taking from the opposite side of the street a part of the land that is now used for the sidewalk.
A taking of the land described in this article would interfere with contracts that have been made between the owners and purchasers and might render the town liable in a substantial sum. We recommend that action under this article be indefinitely postponed.
JAMES W. SANTRY, FREDERICK J. RUDD,
CHARLES F. HATHAWAY, JOHN R. HURLBURT, CHESTER A. BROWN,
JOHN A. WALDO,
PAUL W. BRICKETT,
RALPH J. CURTIS,
Finance Committee.
Voted, Article 1. To accept the report of the Finance Committee and adopt their recommendations as follows:
That the Board of Selectmen, in behalf of the town, be and hereby are authorized to take in fee for public school purposes the following described premises and that the sum of $10,000 be appropriated therefor from the Excess and Deficiency Fund, namely:
Beginning at a point on the northerly side of Forest avenue, thence running N 70-07-40 W for a distance of 210 feet from a drill hole; thence turning right angle bounded by land of Maria S. Hastings for a distance of about 386 feet; thence northwesterly bounded by land of Maria S. Hastings and others for a distance of about 300 feet; thence southerly bounded by land of Maria S. Hastings for a distance of about 427 feet to the northerly side of Forest avenue; thence along the northerly side of Forest avenue to the point of beginning; containing about 122,000
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square feet as petitioned for by the School Committee. Whole number voting 93, necessary for choice 62; For, 86; Against, 7; carried by two- thirds majority.
Voted, Article 2. To accept the report of the Finance Committee, and adopt their recommendations as follows: That action under this article be indefinitely postponed.
Voted, Article 3. Action under this article be indefinitely postponed. Voted to dissolve at 8.15 P. M.
Attest:
RALPH D. MERRITT, Town Clerk.
ADJOURNED SPECIAL TOWN MEETING Wednesday, November 14, 1928
In accordance with the adjournment of October 3, 1928, meeting was called to order by Kendall A. Sanderson, Moderator.
Report of Finance Committee
Finance report on Article 2 of the warrant was read by James W. Santry, Chairman.
(1) This article relates to the taking by eminent domain for public park purposes of a tract of land in Humphrey street, extending from the Post Office Building to Blaney Beach, except that part that is owned by the Swampscott Masonic Building Associates, Inc. This land skirts the sea shore on its easterly and southerly sides and extends along Humphrey street a distance of about 1,000 feet. It contains about 227,000 square feet and is assessed for about $268,000.00. It is one of the most valuable tracts of land in Swampscott.
(2) The meeting that was held October 3 was adjourned to this date to permit our committee to investigate the subject. In making this investigation we have conferred with the members of the special com- mittee that was appointed at the last annual town meeting to study the re-zoning of this locality. We have conferred also with some of the owners of the various parcels constituting this tract and have given some attention to the financial aspects of the question.
(3) A consideration of the project shows that there are many com- mendable features in it. The taking of this land would preclude its being used at any time for any undersirable private purpose. It would give the public access to a long line of sea coast. It would present a view of the ocean along Humphrey street for a distance of more than one thousand feet. It might result in such an increase in property values in the vicinity of the tract as to absorb any loss in taxes in consequence of the taking.
(4) This taking, however, would destroy, for taxing purposes, more than a quarter of a million dollars of property and would result there- fore in the annual loss of a substantial amount in taxes.
(5) At the conference with the above mentioned Special Committee some members of this committee expressed the opinion that the fair value of the property was $300,000.00, while other members felt that $350,000.00 would more nearly represent its value. We felt that it would be helpful to obtain from the owners of this land their opinion as to its value. We accordingly wrote a letter to each of these owners contain- ing the following questions, namely:
First: In the event of the taking of your premises by the town, would you be willing to accept in settlement the present assessed valua- tion ?
Second: If you would not be willing to accept the present assessed valuation of your premises, kindly indicate the amount you would accept in settlement.
All of the replies that were received stated that the owners would not be willing to accept the present assessed valuation of their premises.
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.
Some owners met the committee; these owners stated that while they did not care to place any specific value upon their property they would expect a sum that would exceed substantially the present assessed valuation thereof.
(6) The present state of mind of these owners indicates that in the event of a taking the amount of any settlement, to be satisfactory to them, must far exceed that present assessed valuation of this tract. A taking therefore would mean a trial by jury, with its attendant expense. It would be impossible to predict the result. We believe, however, that the sum the town would ultimately have to pay would exceed $350,000.00.
(7) Our indebtedness, represented by bonds and notes, amounts to about $590,000.00. Assuming that the ultimate expense does not exceed $350,000.00, which is the higher estimate of the Re-zoning Com- mittee, the raising of this amount by bonds and notes would mean an increase of more than 60 per cent on our present debt.
(8) In considering this project, it seems fair to comment upon other needs of the town. Additional school accommodations are required for the Phillips Beach section and we have recommended the appropriation of $10,000.00 to provide land for this purpose. The damages finally awarded, if this land is taken, may exceed this amount. On this we express no opinion. The cost of erecting and equipping a school build- ing on this site would exceed $100,000.00. With the exception of $6,000.00 this amount would have to be borrowed.
(9) Several times the School Committee has called attention to the condition of the High School. This building has been in use for nearly 40 years. A committee was appointed at the last annual town meeting to study the situation. In the early future the town must give serious consideration to this problem. A new high school building would be an expensive undertaking and would result in another increase in our indebtedness.
(10) The easterly section of the town is without sewers. At the last annual town meeting $13,000.00 was appropriated to be used in resuming work on the intercepting sewer. This intercepting sewer must be completed and lateral sewers must be built, before any relief can be given to this community. The Town Engineer estimates that this work will cost about $200,000.00.
(11) We mention these features to show that there are many pressing matters that must receive early attention and that will require the expenditure of large sums of money.
(12) It has been suggested that if this land is taken now, the build- ings upon it may be permitted to stand, and the rents received from them be used to pay the interest on the loan. Many of the buildings are old. The cost of keeping them in repair, the loss of revenue from them in the form of taxes, and the cost of insurance and other expenses that would be required, would total a substantial annual sum. After the deduction of this sum from the rents that might be received by the town, it is very probable that very little, if anything, would be left to be applied to interest on the loan. If this plan were followed, assuming that it can be done legally, it would mean that the town, for a sub- stantial period, would occupy the position of landlord to the buildings upon this land. Since it would then receive an income from this prop- erty, it would be subjected to all the liabilities to which a private owner is subject namely, liability for injuries suffered by any person right- fully upon this property. It seems that this is a feature that should be carefully considered.
(13) It has been suggested that a public park at this location would not be desirable. A public park undoubtedly would increase the traffic problems along Humphrey street. During the summer months these are now of a serious nature.
(14) Whether the park itself would be desirable depends upon the manner in which it would be used. It might be a very desirable feature to the town. On the other hand, it is conceivable that it might give
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rise to objectionable conditions. If there was pressing need for a park or reservation at this locality, the possibility of such conditions arising would not have to be considered seriously, because if they did arise they could be controlled by appropriate regulations. There seems, however, to be no such pressing need since we have now access to four very fine beaches; we have provided playgrounds, and we maintain parks and open spaces in many parts of the town.
(15) This parcel was established as a general residential area in 1924, by the Zoning By-Law. For a long period before this it had been used for residential purposes so that the By-Law merely gave it a character that it had acquired long before the adoption of the By-Law.
(16) In zoning this locality the town has been fair to the owners. Before the passage of the Zoning By-Law a hearing was given to all owners by the committee that was then studying the subject. With possibly one or two exceptions it was agreeable to these owners to have this locality continue as a residential area. The Zoning By-Law created this tract into a general residential district. The owners therefore are not limited, as they are in some parts of the town, to the erection of buildings that must be restricted to the use of one family: they may erect and maintain buildings to accommodate two families, and they may also use their premises profitably for other purposes permitted by the Zoning By-Law. In other words, these owners who are now occupying their premises for single residential purposes may, at any time, under our by-laws, change this form of use to one that will yield an income.
(17) At the meeting that was held October 3, the committee that investigated the question of the advisability of re-zoning this location reported. against it and the report was adopted by the town meeting. This clearly shows that there is no present intention to change the character of this locality. It is one of the most desirable places for residence in the town, and will continue to be so for many years. Its character cannot be changed except by a vote of two-thirds of the members that are present at a town meeting called for the purpose There seems to be no immediate. prospect of this. The town meeting has too recently manifested its opposition to any such project.
(18) The statements made by the resident from Concord, at the meeting of October 3, sought to create the impression that the locality in question is a business one, and that the by-law, in establishing it as a residential area, is unconstitutional. He commented on the case of Nectow vs. City of Cambridge, recently decided by the United States Supreme Court. Anybody who reads this decision will see that the character of the land that was there under discussion was entirely dis- similar to the character of the land we are considering. There seems to be nothing in this decision that would justify the opinion that our Zoning By-Law-in giving this locality the character it always had- is unconstitutional.
(19) We should not be frightened by the prediction that at some time this parcel will be occupied by gasoline filling stations and other features that are usually found at beach resorts. We have already indicated that to accomplish this would require a two-thirds vote, and, we believe, it can reasonably be assumed that there will always be some members at the town meeting to protect the town from any such invasion.
(20) We believe that Swampscott, for a long time, will be a resi- dential locality. During two or three months in the year, Humphrey street is a busy thoroughfare but, after the early part of September, it then resumes the quietness of a country street. Except in a few in- stances, there are no opportunities for business. This is indicated by the changing character of the enterprises on the northerly side of the street, opposite this location.
(21) We have a declining tax rate. It is lower than that of many communities. This, however, should be no excuse for incurring this expense. One of the features that makes Swampscott attractive, for residential purposes, is its low tax rate with, at the same time, a fair
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valuation on property. We believe that a still lower tax rate is possible without neglecting any essential public activity or duty. This, how- ever, can be accomplished only by refraining from unnecessary and extravagant expenditures.
After careful consideration five members of the committee are op- posed to the project and recommend that action under this article be indefinitely postponed. The remaining three members favor the taking but not until provision is made for other public needs mentioned in this report, and then only if the land can be acquired at a reasonable price. JAMES W. SANTRY, JOHN A. WALDO,
PAUL W. BRICKETT,
CHARLES F. HATHAWAY,
RALPH J. CURTIS, JOHN R. HURLBURT,
CHESTER A. BROWN,
FREDERICK J. RUDD,
Finance Committee.
A motion was made to accept the report of the Finance Commit- tee, and adopt their recommendations as follows: Action under this article be indefinitely postponed.
Mr. Baldwin offered an amendment to this motion as follows:
That the Board of Park Commissioners be authorized to take in fee by eminent domain for public park purposes the premises described as Parcel No. 1 under Article 2 of the warrant for this Town Meeting, consisting of approximately 115,200 square feet of land with the struc- tures thereon.
And that the town appropriate therefor the sum of one hundred seventy-five thousand ($175,000) dollars, of which six thousand ($6,000) dollars shall be raised out of the tax levy of the current year by transfer from the Excess and Deficiency Fund and the balance shall be raised by borrowing; and that for the purpose of raising said balance the Treasurer, with the approval of the Selectmen, be authorized to borrow not exceeding the amount thereof and to issue notes or bonds of the town therefor, the same to be issued and payable in accordance with the provisions of Chapter 44 of the General Laws and all acts in amendment thereof or addition thereto, so that the whole loan shall be paid in not more than thirty (30) years from the date of the issue of the first bond or note or at such earlier dates as the treasurer with the approval of the selectmen may determine.
Amendment was lost; whole number voting 88, necessary for choice 58. For, 48; Against, 40.
Voted to accept the report of the Finance Committee, and adopt their recommendations, that action under Article 2 of the warrant be indefinitely postponed.
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