USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1929 > Part 15
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Street Intersection Plots
All of these plots have been cared for the past year. A decided im- provement was made late in the fall at the junction of Cherry and Essex streets, where a sizable amount of land was curbed and graded by the town. This will require considerable labor and expense next spring to place it in a presentable and permanent condition, and it will then be maintained as a credit to the town park system.
Respectfully submitted, ARCHIBALD MILLER, STUART P. ELLIS, EVERETT P. MUDGE, Park Commissioners.
147
REPORT OF MOTH SUPERINTENDENT
1929]
Moth Superintendent
To the Board of Selectmen:
Gentlemen :- No changes have been made the past year in the customary adopted methods of suppression against the moths which feed on the foliage of our trees and shrubs. The absence of rain during the entire spraying season made the work not only more effective but enabled us to completely cover the territory infested satisfactorily, which has not been done for a number of years. If such a favorable season did not occur occasionally it would be impossible to keep the insects in check. There has not been a tree defoliated by the gypsy moth, satin moth, canker worms, tent caterpillars or any of the less economically important leaf feeding insects.
There were a greater number of fall web worms than ever. They appear in September and cannot be controlled by spraying. In instances where they were called to the attention of this department they were cut off and burned. Not only were they very numerous here, but the whole of New England was severely infested.
The usual winter work was done, cutting brush and creosoting egg clusters of the gypsy moth. At this time a start has been made on creosoting and the territory covered compares favorably with previous years. The moth tax this year was over $2,500. Each year the demand for spraying increases and the 4-horse power sprayer was taxed this year to its full capacity. It was purchased by the town in 1916. For the last three years it has needed many repairs.
I recommend the appropriation of $1,000 to buy a new power sprayer.
There has been some agitation regarding the tearing down of the buildings along the street at the highway stable. One section of these structures is used by this department for a locker in which to store sprayers, ladders, tools and supplies. If said buildings are to be de- stroyed, I recommend the appropriation of $2,500 for a storage and workshop building.
Respectfully submitted, EVERETT P. MUDGE, Local Moth Superintendent.
Forest Warden
To the Board of Selectmen:
Gentlemen :- The exceedingly dry condition in the woods caused by the absence of rain, not only through the summer but late into the fall, has had a direct influence toward favoring treacherous and danger- ous woods fires, of which there were twenty-nine this year as compared to twenty-one in 1928. There has not been such a dry season since 1921. About an acre in the Foster dam section of the town burned underground six days before it was completely extinguished.
At times through the year permits for open air fires were pro- hibited by the State fire warden. Two hundred eighty-three permits were issued, however, for out of door fires in accordance with the law, notices of which were posted in all parts of the town calling attention to the fact that permits are necessary and all must assist in preventing woods fires.
Respectfully submitted, EVERETT P. MUDGE, Forest Warden.
148
TOWN DOCUMENTS
[Dec. 31
Tree Warden
To the Citizens of Swampscott:
The exceedingly dry season and the severe storm in April were two factors doing the most damage to shade trees the past year. However, no effects of these weather conditions will be permanent.
The leaf feeding insects have been controlled by spraying in season. The usual leopard moth work has been done and some spraying for the cottony maple scale showed satisfactory results.
Twenty-four trees have been removed because they were dead or in an unsafe condition. One hundred one trees have been planted and provided with wire tree guards. All old tree guards have been adjusted.
Low limbs have been removed from trees in all parts of the town and a thorough trimming has been given the trees on Atlantic avenue, Palmer avenue, Ocean avenue, Bradlee avenue, and a part of Phillips avenue. Wounds caused by mechanical injury have been treated. In- jury from electric wires has been slight, and there has been no damage caused by escaping illuminating gas.
The trees in the new nursery on the cemetery property have grown well in spite of the dry season. There are about 1200 there from three to ten feet in height and a number of thousand in the seed beds. Once the area is planted the project should at least be self supporting. This year it yielded a return of over one hundred trees which were planted on the highways. Because of the unexpected amount of rocks encoun- tered in the spring, as large an area was not made tillable as was desired and I recommend an appropriation of $200 to remove more of the rocks.
Respectfully submitted, EVERETT P. MUDGE, Tree Warden.
149
REPORT OF TOWN ENGINEER
1929]
Town Engineer
To the Board of Selectmen:
Gentlemen :- Herewith I submit my seventeenth annual report of the service rendered by the Engineering Department for the various departments for the year ending December 31, 1929.
The Engineering Department has had charge of the following lines of work: The designing and superintending the construction of all drains and sewers; resurfacing of all streets built by contract, together with the specifications and estimates for the same; the establishing of street lines and grades for curb stones and granolithic sidewalks; all data and plans relating to the laying out of private ways for acceptance as public streets, and all engineering questions which come before the boards of the several departments.
Sewer and Drains
The sewer system of this town has been extended for a distance of 12,815 feet at a cost of $68,003.06; 88 per cent. being in the section known as Beach Bluff. Fourteen years ago the eastern intercepting sewer was begun to relieve the unsanitary conditions which existed in this district, therefore it is now possible to connect the unsewered streets with this trunk line, thereby obtaining the desired results which the citizens demand.
King's Brook, between Superior street and Essex street, has been enclosed in a 30-inch and 39-inch pipe culvert at a cost of $13,544.24.
As all brooks are the main outlets for the street drainage, their flow should be on a true grade, unobstructed to the ocean.
Several minor drains were constructed, the total cost being about $4000.
Continuous Sidewalks
Lines and grades have been given on the streets, as designated by the Board of Selectmen, for the laying of 668 feet of curb stones, 1177.5 square yards of granolithic sidewalks and 3548.7 square feet of parking.
Cemetery
The grading of a portion of the cemetery has been completed and the area prepared for burial purposes is 4674 square feet, which is divided into thirty-five lots.
Resurfacing Roadways
The following streets have been resurfaced with a permanent pave- ment, constructed under the Massachusetts Highway specifications and penetrated with lake asphalt, namely: Franklin avenue from the State road to Stetson avenue, a distance of 1200 feet; Monument avenue and Walker road from Humphrey street to the Boston and Maine Railroad, a distance of 3000 feet. The total cost being $31,763.30.
Assessors' Department
The yearly routine work necessary to bring the plans and card index up to date has been completed for this department.
Selectmen's Department
Data and estimates have been furnished for this department and plans submitted for their approval.
At the request of property owners, street lines and grades have been given from time to time for the grading of lawns, building walls, etc.
Respectfully submitted,
W. W. PRATT, Town Engineer.
150
TOWN DOCUMENTS
[Dec. 31
Sealer of Weights and Measures
To the Board of Selectmen:
Gentlemen :- I herewith submit my report from January 1, 1929, to December 31, 1929.
This department tested, sealed or condemned all the various meas- uring devices and records made thereof, the summary of which is as follows:
Non-
Adjusted Sealed
Con- Sealed demned
Platform scales over 5000 1bs.
1
7
0
0
Platform scales under 5000 1bs.
10
18
0
0
Counter scales over 100 1bs.
1
3
0
0
Counter scales under 100 1bs.
11
39
2
0
Beam scales over 100 1bs.
0
3
0
0
Beam scales under 100 1bs.
0
1
0
0
Spring scales over 100 1bs.
1
4
0
0
Spring scales under 100 1bs.
11
35
0
1
Computing scales under 100 1bs.
4
25
0
3
Personal scales
0
8
0
1
Prescription scales
3
4
0
0
Avoirdupois weights
30
242
0
5
Apothecary weights
6
56
0
6
Metric weights
0
31
0
0
Liquid measures
0
70
0
0
Dry measures
0
5
0
4
Gasoline measuring pumps
7
54
0
6
Quantity measures on pumps
78
271
0
0
Yard sticks
0
1
0
0
Total
163
877
2
26
Trial Weighing
Number Tested
Number Correct
Under
Over
Bread
286
286
0
0
Butter
310
310
0
0
Coal in bags
200
196
2
2
Confectionery
518
518
0
0
Dry commodities
677
673
4
0
Flour
272
270
2
0
Fruits and vegetables
393
362
0
31
Meats and provisions
53
53
0
0
Total
2709
2668
8
33
This department made during the year 3,082 inspections and 111 tests with very good results. Complaints investigated were satisfac- torily adjusted.
Respectfully submitted, C. WALTER BURRILL, Sealer of Weights and Measures.
151
REPORT OF BOARD OF APPEALS
1929]
Board of Appeals
During the six months ending June 6, 1929, four petitions were heard, of which one was granted and three denied. The following is the resume of these hearings:
Date Petitioner Feb. 11 Fred Marino
Petition To place the main wall of a pro- posed cottage house at 132 Green- wood avenue, 15 feet from the street line. Decision: Denied.
Mar. 11 Genaveffa Gallo
To build a sun-porch at 42 Orient court within 5 feet of the street line. Decision: Denied.
May 13 Solomon Gross
To permit the use of the entire area, 36,900 sq. ft., at 22-34 Essex street, for business so as to allow the building of a 100-car garage on said lot. Decision: Denied.
May 13 William H. Carroll
Appeal from the decision of the Board of Selectmen denying him a petition under Article V of the zon- ing by-laws to add to and enlarge the existing building at 148 Burrill street and to use the said addition and enlargement for the purpose for which the original building is being used under the zoning by- laws. Decision: Granted.
Respectfully submitted, GEORGE M. GLIDDEN, Chairman. WILLIAM O. TITCOMB. CLARENCE E. CAHILL. CHARLES W. MOWRY.
On Tuesday, June 4, 1929, the Board of Selectmen re-appointed George M. Glidden, Clarence E. Cahill and William O. Titcomb as members of the Board, Charles W. Mowry having declined further service for business reasons. Thomas S. Bubier and Clarence B. Delano were appointed to fill vacancies for the term ending June 6, 1930. Mr. Delano declined to serve and Ralph Maxwell was appointed to fill the vacancy. On October 25, 1929, Clarence E. Cahill, who had been a member of the Board for the past three years, resigned, owing to removal from town.
During the six months ending December 31, 1929, ten petitions were heard of which seven were granted, two denied and one un- decided. The following is the resume of these hearings.
152
TOWN DOCUMENTS
[Dec. 31
Date Petitioner June 10 Perley E. Randall
Petition
To enlarge garage at 17 Northern avenue from a one-car to a two-car garage to be built within 12 feet of street line, the same as the original building. Decision: Granted.
June 24 E. R. Spinney
To build house nearer than 20 feet from the street line so as to allow the garage to be built in the rear. Decision: Denied.
June 24 Mary E. W. Nichols
To build a piazza on the front of house, 16 Essex street, to come 6 feet within the set-back area. Deci- sion: Granted, the overhang of the piazza to be allowed to come not less than 4 feet from the street line.
July 8, the board voted to reopen the petition of Genaveffa Gallo for presentation of such further and additional facts relating thereto as the petitioner might be able to adduce.
On July 22, the petition was again heard and on the presentation of new evidence, the board ordered that the prayer of the petitioner be granted and that she be permitted to build a sun porch within 5 feet 9 inches of the street line.
Aug. 12 Cora E. Pitman
To build a 7-foot piazza on front of house at 12 Ryan place. Deci- sion: Granted, piazza to be 7 feet, the overhang not to exceed 8 inches.
On September 9, the board received a petition from Fred Marino for reopening the hearing held February 11. This petition was denied without prejudice or determination on the merits of matter alleged in the petition. It having been the opinion of the board that the petition contained new matter and, therefore, should come before the board in the form of a new petition, a new petition was filed and hearing held on September 23.
After a further hearing it appeared that a hardship has been created and that to require the petitioner to place the building in question on the lot so that the front line thereof would conform with the set-back distance established in Article IV would involve practical difficulty and unnecessary hardship. Decision: Petition granted.
Date Petitioner
Petition
Sept. 23 Wm. F. & Laura E. Healy To build a sun porch at 32 Bristol avenue within the set-back area. Decision: Granted, the sun porch to come not nearer than 6 feet from the street line.
Sept. 23 Katherine L. Keefe
Oct. 14 Edward LaCroix
To use the premises at the junction of the railroad and Essex street near Essex street bridge for business purposes. Decision: Denied.
To build an addition to his garage which is already in the set-back area, having been built previous to the adoption of the zoning by-law. Decision: Granted, garage to be al- lowed to come within six feet of the street line.
153
REPORT OF TOWN COUNSEL
1929]
Dec. 23 Geo. S. Briggs Coal Co.
That the application of zoning by- law may be varied by changing two parcels of land on Columbia street from residential to business area. Hearing was held upon this date, but on the date of this report, De- cember 31, 1929, no decision has been made.
Respectfully submitted, GEORGE M. GLIDDEN, Chairman. WILLIAM O TITCOMB. THOMAS S. BUBIER. RALPH MAXWELL.
Town Counsel
Board of Selectmen:
Gentlemen :- My report for 1929 follows:
There has been, during the year, the usual amount of litigation, hearings, opinions to town officers and departments.
A question of more than ordinary interest is that which has arisen with respect to the enforcement of the town's zoning by-laws. The by-laws were adopted by town meeting in 1924. They divided the town into zones, restricted new building for stores and other business to certain areas, and limited the greater part of the town to residences. The property lying along the south side of Humphrey street from the post office block to Blaney Beach was zoned as residential.
In August, 1928, the building inspector granted a permit to erect a business structure, namely a hotel, in this area. The permit was contrary to the provisions of the by-law the town had adopted and was, of course, a challenge to the validity of the by-law. It at once became the duty of the Board of Selectmen to determine whether as town officials they were bound to support the by-law. By majority vote the law department was instructed to endeavor to uphold the by-law by appropriate legal action. This action took the form of a bill in equity and petition for mandamus, in effect asking the court to annul the building permit already issued.
The corporation holding the permit, the building inspector and intervening land owners affected, defended the permit by questioning the constitutionality of the by-law. The constitutionality of the by-law depends upon whether it is based upon or has a substantial relation to public welfare. A master appointed by the court to find the facts filed a report in which he expressed an opinion that in so far as the by-law restricted this particular locus, the Knowlton and Bray properties, to residences, it was not based on public health, safety, protection or welfare. The master's report was heard before a single justice who confirmed it and dismissed the proceeding. Appeal was taken by the town and the issue will now be passed on by the full bench of the Supreme Judicial Court for the Commonwealth. The question is of importance both to the parties privately concerned and to the town, and interesting results with respect to zoning in Swampscott may follow its final determination.
154
TOWN DOCUMENTS
[Dec. 31
The only immediate and direct effect, however, of a decision against the town in this case, Swampscott v. Knowlton Arms, Inc., and others, would be to hold valid a building permit for a hotel. It would seem that this result would not be broad enough to satisfy parties at interest. On Nov. 6, 1929, a bill in equity against the town was brought by Daniel F. Knowlton, Edmund F. Knowlton, Charles F. Knowlton, Nellie K. Widger and Harriet F. Knowlton in which they seek:
(1) A mandatory injunction directing the defendant town to permit the plaintiffs or their grantee to erect any lawful building upon said tract, disregarding the provisions of the zoning by-law.
(2) That the zoning by-law be held to be invalid in its specific application to the plaintiffs' land.
The effect of this suit, if the plaintiffs are successful, would be to throw open this land to any business development, without restriction. It also would be likely to have a similar effect on other land, now resi- dential, along the shore and in this vicinity.
Thus the pending litigation has important possibilities in its effect on the zoning of the entire town. Swampscott, of course, is not the only town in which zoning questions have gone to court. The subject is comparatively new.
The litigation has not been expensive. Over and above the ordinary cost of this department it has involved an expense to date of $165 for printing and $48.65 for service of process, entry and witness fees.
Respectfully submitted,
H. D. LINSCOTT, Town Counsel.
155
REPORT OF STANLEY SCHOOL BLDG. COM.
1929]
Stanley School Building Committee
In accordance with the vote of the town, January 16, 1929, we report the proceedings of this committee as follows:
January 26, 1929. The initial meeting. The first official action was recognition of public sentiment in the school district as exemplified in a petition signed by sixty mothers and one hundred and thirty-one school children calling attention to the "love and esteem" held for "Miss Louise C. Stanley for many years teacher and principal of the Palmer School." The committee accordingly assumed the name Stanley School Building Committee and the new building has been so designated and marked.
February 23, 1929. The firm of Kilham, Hopkins & Greeley was chosen as architects of the proposed building.
March 9, 1929. The committee approved the plans submitted.
May 4, 1929. After the necessary advertising, the contract for building was awarded C. S. Cunningham & Sons Construction Co.
May 8, 1929. Construction work started.
December 19, 1929. The committee, in session at the new building, formally voted acceptance from the contractor.
December 30, 1929. With the furnishing practically complete the committee in its turn surrendered the building to the School Com- mittee, which accepted control as of that date.
We believe that as above recorded we have completed the work called for by the town vote. The schoolhouse has been erected, fur- nished, and has been in use by the pupils since January 2, 1930. There seems to be no necessity of any financial statement here, as such would be but a repetition of the report of the town accountant in this respect. We state that all of the work has been done within the appropriation. All bills in connection with the work performed or materials purchased have been duly approved and forwarded to the town accountant, except
(a) A Coppus blower (in process of installation) $425.00
(b) Additional cement waterproofing $130.00
There is a provision in the contract for landscaping the school grounds (the work having been completed) whereby 25 per cent. of the amount payable is contingent upon approval by this committee next May that the town's interest be suitably protected.
Now comes the personal record of our activities which should be of interest to our fellow citizens and of possible future value to some of them if this is of record in a town report.
As a committee we never before built a schoolhouse. Any similar committee will probably be composed of townsfolk with similar lack of experience. (The other members of the committee wish to testify here to the great value of Mr. Hardy's expert advice in our joint under- taking.) The committee has necessarily held frequent meetings. We went out of town, together and individually, to inspect the work of competing architects. We were familiar with the conditions existing at the Palmer School which the new building was to supplant. The old school was overcrowded, with antiquated toilet facilities, unsatis- factory ventilation and other defects, all of which were to be corrected in the new school. If a policy was not verbally expressed at the outset it is apparent now that we have been following a very definite policy from the beginning, to wit: The selection, in our opinion, of the best architectural guidance and permitting the greatest possible freedom of action to our architectural advisor.
156
TOWN DOCUMENTS
[Dec. 31
The appropriation ($115,000.00) has been sufficient. The new school has a hip-roof with slate shingles, one more expensive than the factory-type flat roof, but more in keeping with the surroundings, less expensive in future maintenance. Provision has been made for future enlargement at minimum cost, with space allowance in the boiler room for the additional heating apparatus. The school room and corridor floors are heavy linoleum with' more peace and quiet for teacher and pupil than the ordinary wood flooring permits. Ample toilet accommo- dations on each floor are available; tiled throughout, airy, accessible, easy to keep clean, and hot water always available through connection with the heating system. The boiler room was blasted from solid ledge and is a complete concrete unit-walls, ceiling and floor.
There is a teachers' room, a principal's office, a clinic room, each with toilet and lavatory and suitably furnished. All plumbing fixtures are chrome-finished. The school rooms are decorated in separate color schemes, and ventilated each as a unit under the control of the teacher. All parts of the building are connected by an intercommunicating 'phone system. The auditorium is simple in design, and the committee has always had in mind the idea that it would be used for and by the chil- dren, with a stage for their entertainments. It is the assembly hall for the school, a play-room, a place for recess on stormy days, also an auditorium for the formal dignity of grown-ups. There is no basement as we adults remember the word-no occasion for children to go below stairs where the janitor has his quarters near the heating apparatus.
We wish to express here our appreciation of the co-operation of the town officials.
This is a brief summary of the result of our efforts, and for your consideration our record is herewith
Respectfully submitted, ARTHUR M. WYMAN, Chairman (Member of the School Committee) DANIEL F. KNOWLTON, Secretary (Member of the Board of Selectmen) JOHN A. WALDO, (Member of the Finance Committee) HARRY E. HARDY, (Building Inspector) RALPH H. NUTTER, (One voter of the town).
157
REPORT OF BOARD OF SELECTMEN
1929]
Board of Selectmen
To the Citizens of Swampscott:
The Board of Selectmen submits herewith its annual report for the year 1929 together with the reports of all other officers, boards and committees submitted in accordance with the By-Laws. There is also appended the budget of appropriations asked for, for the conduct of the various departments during the year 1930.
Grade Crossing Warning Signals
As forecasted in the 1928 report the board received an application from the Boston & Maine Railroad for the approval of its request to the Department of Public Utilities for permission to do away with the gates and crossing tender at the Humphrey street railroad crossing at Phillips Beach. This the board declined to give, feeling as it did, in common with the majority of the residents of the section, that to leave the crossing unprotected except for the lights would endanger the lives of the large number of school children on their way to the Palmer School and to the new Stanley School.
The gates have been so long established at this point that it was the opinion of the board that the town would be sacrificing too much in the interest of economy of railroad operation to allow the plan to be carried through without strenuous protest. Late in the year the board was notified that the railroad had made formal application to the De- partment of Public Utilities for the requisite permission. A hearing was held at the State House on January 16, 1930, and at this hearing the town's protest was presented by Town Counsel Harry D. Linscott and two members of the board. They were ably assisted by the Super- intendent of Schools and the Principal of the Stanley School, who pre- sented facts and figures in support of the protest. The decision of the department has not yet been made.
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