USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1930 > Part 20
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Unless there is such a hardship which is peculiar to and special to these premises alone, and which does not also apply to other premises within the locus, it would not in the opinion of the Board constitute a specific case within the intent and purpose of the statute, which would authorize the Board to vary the application of the zoning law under this petition.
It does not appear that the premises of the petitioners suffer a greater hardship than that of other lots within the locus. To grant a variance to one single lot within the locus would likewise entitle other lots to a like privilege. This would amount to a modification of the zoning by-laws. This is not within the power of the Board. It would amount to a substantial derogation of the zoning by-law established by the town. Any such modification of the by-law as applied to lots within the locus should be made by the town under Section 30 of Chapter 40 of the General Laws. This Board has no power to make such modification.
The fact that a non-conforming use is at present attached to the property of the petitioners does not make it a specific case within the statute.
The courts have said that the power of the Board to vary the provisions of established zoning by-laws is to be sparingly exercised, and its powers do not extend to modifications or changes of the scheme of the zoning by-laws established by the town. This limitation is clearly expressed by the words "but not otherwise" at the end of the first para- graph of Section 27A, of Chapter 40 of the General Laws.
This Board has no legislative power to change or modify tlie es- tablished zoning. This can be done only by the voters of the town as prescribed by Section 30 of Chapter 40 of the General Laws relating to a modification or change in the zoning by-laws.
It is the unanimous opinion of the Board that this petition does not present a specific case within the meaning and intent of the statute, and that to grant the same would be a substantial derogation from the intent and purpose of the zoning by-law.
Decision: Petition denied. Unanimous.
GEORGE M. GLIDDEN, WILLIAM O. TITCOMB,
RALPH MAXWELL,
Board of Appeals.
193
REPORT OF THE BOARD OF SELECTMEN
1930]
Board of Selectmen
To the Citizens of Swampscott:
The Board of Selectmen submits herewith its annual report for the year 1930, 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 the conduct of the various departments during the year 1931.
Gen. James L. Bates Post 118, G. A. R.
With the death on June 2 of Commander George E. Laurilliard and on October 7 of Hambleton W. Wyman, of Lynn, the only remain- ing members of Gen. James L. Bates Post 118, Grand Army of the Republic, the Post passed out of existence and now remains but a memory. Organized on February 2, 1870, the Post was an active factor in the town for over 60 years. For what they did and all they dared their memories should be forever revered, their graves kept green and with the little flags flying above them on Memorial Day and thorough- out the summer. The records of the Post, its charter and the flags which the veterans loved have been placed in the Public Library as a patriotic reminder to the youth of the town.
Memorial Day
With the passing of the Grand Army the duties of Memorial Day pass into younger hands, and it remains now for the American Legion and Veterans of Foreign Wars to carry on in their place. The Sons of Veterans, who have for years looked after the marking of the graves of the Civil War veterans, will continue this labor of love and will see to it that the Civil War veterans' graves are still remembered. The board feels that the duties of Memorial Day should now be carried on under the direction of a committee representing all these bodies working in conjunction with the Selectmen and such arrangements have ac- cordingly been made for the coming year.
Public Utilities Decisions
The long awaited decision of the Department of Public Utilities upon the petition of the Boston & Maine Railroad to dispense with the present means of protection by gates and a gate tender at the Humphrey street grade crossing at Phillips Beach and for approval of the installation of automatic flashing light signals instead, was re- ceived on April 4. The Utilities Board concurred with the Selectmen in their opinion that this was not a matter to be granted and dismissed the petition.
At the same time the Utilities Board ordered that the sounding of whistles on the locomotives of the railroad at the same grade crossing when trains are running toward Marblehead be discontinued. This was on petition of residents of Phillips Beach who were constantly annoyed, especially at night, by these signals.
Traffic Regulations
The Board considering that public safety would be enhanced if vehicles entering Burrill street from Monument avenue were required to stop before entering, the board asked permission of the State De- partment of Public Works to order this done. The State Board, how- ever, declined to approve the suggestion.
The traffic on Humphrey street is such as to demand constant study and thought. At the request of restaurant owners, the rule
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TOWN DOCUMENTS
[Dec. 31
permitting parking for 20 minutes only was changed to 60 minutes. The residents on both sides and on the shore side especially are annoyed by the thoughtlessness of automobilists who park their cars all day at points where there is unrestricted parking, as through this all day parking the residents have no access to their own premises. Store- keepers who use their personal cars to bring them to their places of business have been requested to leave their cars opposite the beaches and thus relieve the situation so that it will not be necessary to make a limited parking rule.
Parking on Blaney street was further restricted in front of the parochial school property simply in the interest of safety to the school children. The Board cannot help feeling that the decision of the School Committee not to allow parking in the Hadley School yard and thus force the teachers to use the public streets, especially such a narrow street as Blaney street, is unfair to the property owners on that street. Neither is it fair to decide that parking is a menace to one school and to transfer that menace to another.
Elmwood road, from Monument avenue to Sheridan road, has been made a one way street entering from Monument avenue because of the traffic tieups at Odd Fellows' hall, which is in use practically every night of the week.
Bill Boards
Concurring in the opinion of its predecessors the board has con- sistently declined to approve application for permits to erect bill boards along the highways of the town. As did its predecessors, the board believes that these are liable to distract the attention of drivers of automobiles and therefore constitute a menace to public safety. Three such applications were received from the State Department of Public Works and each was refused. Unfortunately the town has no option in the matter, as the Department of Public Works has the power to grant locations despite the opposition of the town through its Select- men, and two of the three signs protested against are in place. The third was removed, as the State Department refused to act. The at- titude of the State as expressed publicly before the State meeting of Selectmen by the Chairman of the Department of Public Works, is that the bill boards bring more revenue into the State than the visitors.
Lightless Parking
The Chief of Police in May recommended lightless parking on Humphrey street between Lynn line and Washburn square under the provisions of Chapter 43 of the Acts of 1929. This was exactly opposite to his recommendation to the previous board that "it will be very dangerous." The board, however, took into consideration the fact that one-half the white way lights along this thoroughfare are turned off at 1 A. M. and decided that no action be taken. Lightless parking is therefore unlawful on any of the public streets in Swampscott, a fact which should be borne in mind by citizens and passed along to summer tenants when houses are rented for the summer.
Charter Calvacade
On June 12, after much advance heralding, a so-called Charter Calvacade passed through the town intending to typify the movement of the Great Charter of the Massachusetts Bay Colony from Salem to Boston. Large numbers of people lined the way through which the calvacade passed and much disappointment was expressed at the meagreness of the display. Later a bill for $200 was presented to the town for its participation in the event. Inasmuch as the board had not been asked previously whether it would approve such a bill and had received no intimation that such a payment would be expected, the board declined to approve the bill. The board was further moved to its decision by the fact that the Mass. Tercentenary Commission had de- clined to accept the locations suggested by the board for the marking of historical sites, without informing the board of its decision or its reasons therefore.
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REPORT OF THE BOARD OF SELECTMEN
1930]
Custodian Public Buildings
The board believes that it would be economy for the town if there should be appointed a custodian or superintendent of public buildings, whose duty it would be to seek out and recommend minor repairs before they become major ones. This would include schools as well as other buildings. Much of the large expenditures now necessary every year, it is believed, could be avoided by a careful periodical inspection by someone with technical knowledge and authority to carry out his findings. The logical solution of the matter would be to constitute the Inspector of Buildings as such superintendent or custodian, as is the almost universal practise where such an official exists.
Metropolitan Park
At the suggestion of the chairman of the board, the board con- sidered the great necessity of the establishment of a comfort station at the end of King's beach. The removal of the old building on the property adjoining the Park seemed to offer an unexcelled opportunity, and the matter was at once taken up with the Metropolitan Park Com- mission and the co-operation of Senator Osborne and Representatives Day and Bell was also sought. These forces worked together, with the result that a bill is now before the legislature for consideration, seeking the acquiring of this land as a part of the Metropolitan reservation in this town.
During the years in which the town has been a part of the Metro- politan Park District, that is, from 1902 through 1930, the town has paid into the State treasury as assessments $277,020.81. In the ten years from 1921 to 1930, both inclusive, the town's payments amounted to $149,357.46. The 1930 cost was $22,186.29.
Humphrey Street Pavement
Believing that the travel over the Humphrey street wood block pavement was State and county wide rather than local, the board petitioned both the State and county authorities that they share the burden of replacing this pavement with bituminous concrete and ap- peared before the Department of Public Works and the County Com- missioners and urged that they give some such assistance. In this they were aided by Senator Frank W. Osborne and Representative Harry E. Day. The department and commission after considering these arguments agreed to pay one third of the cost of the work from the Lynn line to the Monument, and appropriated $3,000 each for the pur- pose, provided the town also appropriated $3,000. The town agreed and the total cost for this portion of the work was $8,237.46 or $2,745.82 each. The work was done under the direction of the State engineers. The balance of the wood block as far as Puritan road was covered with bituminous material and small stone as an experiment which, however, did not prove the success expected. The work was done by the M. McDonough Co.
Between Commonwealth avenue and Glen road, the old concrete pavement was vulcanized. This work was done by Simpson Bros. Corporation.
American Legion Convention
.The national convention of the American Legion was held in' Bos- ton, October 6 to 9, inclusive. Leon E. Abbott Post 57 of Swampscott entertained as its guests legionnaires from South Pasadena, California, and Costello Post, Washington, D. C. Both of these outfits were drum corps, and for three days Swampscott was entertained by the colorful parades and martial music of these organizations. The young men were fine examples of American manhood and proved themselves gen- tlemen in every way. Swampscott as a town felt itself honored by their presence and hopes that they carried away a pleasing impression.
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TOWN DOCUMENTS
|Dec. 31
Dedication of Abbott Park
On Sunday, September 28, Abbott Park on Paradise road was formally dedicated in memory of Leon E. Abbott, the first son of Swampscott to fall in the World War. A boulder bearing a bronze tablet suitably inscribed has been placed at the easterly corner of the Park and the Park Department has made a pleasing arrangement of shrubs about the boulder. The exercises included an address by Col. Wm. J. Blake, who was Abbott's commanding officer at the time he was killed. The boulder was unveiled by his two nieces, Isabelle Weed and Leone Abbott, in the presence of his father and mother, Mr. and Mrs. Joseph B. Abbott, town officials, legionnaires and townspeople.
Marblehead Water Pipe
The town of Marblehead was granted permission in the spring to lay a 16 inch water main through the town from the Lynn line to the Salem line. The town through its Water Board asked permission to lay the pipes through New Ocean street and Paradise road to State road. The Board felt that this was a good opportunity to relieve the absence of water in the Foster Dam district by having the pipes laid across private property in that section of the town. The Marblehead people declined to consider this plan as being too expensive and presenting too many engineering problems. Permission was finally granted to go through Superior and Pine streets, across Burrill street, through Middlesex and Norfolk avenues to Paradise road, where the project comes under the permission of the State. The work is now under way. The Marblehead Water Board has agreed to put the streets back in as good condition as they found them.
Artesian Well
The attention of the State Board of Health having been called to the lack of water in the Foster Dam district, investigation was made by them and as a result several of the wells there were condemned. It thus became imperative that some action be taken to provide a suitable supply, and by vote of the town on December 4, the Selectmen were authorized to drive an artesian well that will provide a pure supply for the residents of the district. Contract has been awarded to B. F. Smith & Co. and the drilling has been started.
Census
In accordance with the national law the decennial census was taken this year. Preliminary reports of the result showed that Swamp- scott had a population of 10,328, but this was increased to 10,346 when the final official figures were issued, an increase of 28% over 1920.
The following figures show the growth of the town since its incorporation :
1855
1,335
1895
3,259
1860
1,530
1900
4,548
1865
1,535
1905
5,141
1870
1,846
1910
6,204
1875
2,128
1915
7,345
1880
2,500
1920
8,101
1885
2,471
1925
8,953
1890
3,198
1930
10,346
Hastings Land Taking
The taking of the land of Maria S. Hastings, Forest avenue, for the purpose of erecting a school thereon was before the Superior Court at Salem and an award of $24,500 was made. At a conference between counsel an amicable settlement was reached on the payment of $21,000.
197
REPORT OF THE BOARD OF SELECTMEN
1930|
Fourth of July
Swampscott residents who remained in town over the Fourth of July found ample entertainment provided for them under the direc- tion of a committee, consisting of Selectman Harry E. Hardy, Com- mander Warren Doherty of the V. F. W. and Past Commander George J. Place of the American Legion, ably assisted by representation of many of the clubs, orders and organizations of the town. A colorful parade of three divisions occupied the morning, a horse show and ball game the afternoon and a wild west show in the evening. In addition there was entertainment for the children in the morning and vaudeville and band concerts in the afternoon and evening. The town appropria- tion of $1,000 was augmented by generous contributions from citizens and summer visitors.
In Memoriam
In the death of two prominent members of the community, Attorney James W. Santry and Tree Warden Everett P. Mudge, the town has suffered a loss that is especially felt at the present time.
James W. Santry, chairman of the finance committee of the town ever since the representative town government was inaugurated, died on July 30, after a brief illness, and his death came as a great shock to all of our citizens. Devoted to the town's interests at all times he gave unstintedly in its behalf at the cost of his own health. Although at the time of the annual town meeting his health was badly impaired, he worked upon the finance problems of the town, having many con- ferences in his sick chamber and dictating the report of the finance com- mittee there. Although he was urged to let the work be taken over by stronger shoulders he tenaciously hung to his idea of duty to his fellow citizens and appeared at the head of his committee at the meeting. At the special town meeting of June 24, his condition was noticeable to his close friends, and again he was urged to take a long rest. But such was his loyalty to the town that he gave no thought to self but to what was expected of him by those who had placed their confidence in him.
"Kindly, thoughtful, energetic, never failing in duty, never seeking excuse to avoid serving his fellow man, James W. Santry was a town official of whom all might well be proud and never ashamed."
Everett P. Mudge, who died on November 9, was a similar type of man and official. He, too, devoted himself to the service of the town faithfully and unselfishly. With a knowledge of trees that brought him to the attention and respect of similar officials all over the State, he was for several years the head of the Massachusetts Association of Tree Wardens. Swampscott was truly fortunate in being able to com- mand the abilities of one so well educated and so fully interested in the work among the public shade trees of Swampscott.
The death of Arthur E. Santry on August 3, following so closely, less than a day, after his brother had been laid to rest, was another shock to the community. Though less known than his brother, he had shown the same interest in the affairs of the town since his election as a member of the representative town meeting and served on the High School committee with intelligence and patience.
Just as this report went to press came the announcement of the death on January 19 of Frederick A. Hale, a town meeting member from Precinct Eight. He too was closely interested in the town which he called his home, and took an active part through membership on various committees of the town meeting.
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TOWN DOCUMENTS
[Dec. 31
ADMINISTRATIVE Bonds of Town Officers
Bonds of the following officers are given by the American Surety Co. of New York, in the amounts stated:
Ralph. D. Merritt, Collector of Taxes
$46,000.00
(Massachusetts Bonding & Insurance Co.) James W. Libby, Town Treasurer The above amounts are set by the State.
46,000.00
Ralph D. Merritt, Town Clerk
1,000.00
Ralph D. Merritt, Collector of Water Rates 5,000.00
James W. Libby, Custodian of Trust Funds
10,000.00
Licenses
Auctioneer
George W. Smith, 11 Hardy road
George W. Foster, 50 Bradlee avenue
Edward LaCroix, 58 Orchard road Fred A. Hale, 48 Crosman avenue : Bowling Alley
James D. Bentley, 217 Burrill street Express
E. G. Bean, 430 Humphrey street
Joseph W. Bruley, 26 Puritan road
Willis E. Shephard, 645 Humphrey street, with Sunday privilege
William A. Dunham, 125 Stetson avenue
: John A. Boston, 65 Pine street Swampscott Trans. Co., 21 Suffolk avenue
..
Harvey H. Beadle, 268 Eastern ave
Thorner's Express, 12 Harris street, Marblehead
Emilio Iarrobino, 670 Humphrey street
Borden Express Co., 18 Eastman avenue
William H. Carroll, 148 Burrill street, with Sunday privilege Common Victualers
Gen. Glover Farm Teahouse, Salem and Tedesco streets Sunbeam Inn, 1010 State road
The Castle (Little) 1001 State road
Blaisdell Confectionery Co., 133 Humphrey street
Robert B. Hegarty, 357 Essex street Burrill Street Pharmacy, 105 Burrill street
Blaney's Inc., 155 Humphrey street G. Rabinowitz, 146 Humphrey street Johnny's Lunch, 422 Humphrey street St. Clairs Inc., 146 Humphrey street Fred M. Eichel, 15 Railroad avenue Grant's Cafe, Geo. F. & John S. Grant, 408-410 and 60 Humphrey street
M. Anita Grover, 1008 State road
William Leemon, 146 Humphrey street
Nellie A. Carey, 1016 State road
Lillie B. Collins, 27 New Ocean street
Nell Martin, 198 Humphrey street
Bruno D. Himberg, 1 Marshall street
Mida Giles, 29 Essex street
Innholders
Deer Cove Inn, John N. Levine, 747 Humphrey street
Hotel Bellevue, Antonio and Leila Tuttle Squillari, 1092 Humphrey street
New Ocean House Inc., 208 Puritan road
King's Beach Inn, George Roche, 80 Humphrey street Prescott Cliff, Catherine J. Wade, 175 Humphrey street Hotel Preston, North Stone road
199
1930 ] REPORT OF THE BOARD OF SELECTMEN
Sherin House, 28 Claremont terrace Junk Dealers
Nathan E. Zletz, 97 Eastman avenue
Louis Zletz, 26 Cherry street Jacob Goldberg, 26 Elm place
Hawkers and Peddlers
Charles W. Stevenson, 1004 Washington street, Lynn Sperios Kolatsonis, 18 Richmond place, Lynn
Used Car Dealers
Charles H. Carroll, 148 Burrill street
William Welch, 12-24 Pine street
New England Motors Inc., 215 Paradise road
Surfside Motors, Inc., 465 Humphrey street Pool Table
James D. Bentley, 217 Burrill street
Joseph F. Crowell, 424 Humphrey street Taxi
Joseph W. Bruley, 26 Puritan road
Harry A. Tirrell, 145 Burrill street
William H. Carroll, 148 Burrill street John E. Burns, 489 Humphrey street
Zoning permits
.. New England Motors, Inc.
Wilfred N. Hobdon
William R. Ryder
Henry Drago
Doucett & Bezanson
George. S. Briggs Coal Co.
Harold C. Blaney
Harry P. O'Brien
Robert W. Grant Jesse H. Blaisdell
Geo. S. Briggs Coal Co.
E. E. Gray; Co .: Nell Martin(
Behie Sisterst
Charles R.DWolke
Hartley Slater . '
William Leeman
William Fielder
Albert J. Jennings
Jobear Shop
Lillie B. Collins
Frank Scionti
A. Ryan (A. & P.)
First National Stores (DeWolf) W. E. Henry
Sarnessian Bros. Mida Giles
Jefferson and Dolan The Jobear Gown Shop
Surfside Motors, Inc.
Lillian E. Little
Permits
The following permits to sell materials to and to do work for the town have been granted to town officials under Section 4, Chapter 5, of the town by-laws:
Dr. Howard K. Glidden Horace R. Parker
Dr. Loring Grimes Archibald Miller
Clarence, B: Humphrey George D. R. Durkee Mary K. Hammond Stuart P. Ellis
200
TOWN DOCUMENTS
[Dec. 31
Everett P. Mudge
Harry E. Cahoon
Harold H. Bartol
Ralph D. Merritt
Howard L. Hamill
Clarence W. Horton
Frank G. Melvin
Willis E. Shephard
George G. Place L. Herbert Cahoon
Walter F. Reeves
Albert Enholm
Dr. G. J. Esselen, Jr.
James M. Kennedy
Eugene P. Brogan
Charles Connell
J. Henry Pedrick
Frank T. Roach
Almon B. Owens Samuel Hooper
George D. Horton
Joseph L. Shannahanı
James T. Jordan
Francis P. Wall
Pearl F. Davis
Herbert F. Frazier
C. Walter Burrill
Margaret M. Carroll
Harry E. Hardy
Frank L. Burk
Nathan G. Bubier
Ralph Maxwell
Board of Survey
During the year the Board of Survey has approved the following plans: Estabrook road, Hawthorne road, Nason road and Plymouth avenue.
THE TOWN BUDGET
The following are the amounts requested by the various officers, boards and committees for the conduct of their departments during the year 1930:
General Government
Legislative
$950.00
Selectmen
3,960.00
Selectmen's Contingent Fund
1,000.00
Accounting
3,600.00
Treasury
2,403.00
Certification of Notes and Bonds
500.00
Collector of Taxes
3,443.88
Assessors
4,500.00
Town Clerk
815.75
Election and Registration
2,760.00
Engineering
7,700.00
Town Hall
4,400.00
Law
2,000.00
Board of Appeals
250.00
$38,282.63
Protection of Persons and Property
Police
$45,405.99
Fire
45,120.00
Motlı
4,877.00
Tree Warden
4,242.00
Forest Warden
200.00
Inspector of Buildings
1,300.00
Sealer of Weights and Measures
555.00
Care of Prisoners
100.00
Subordinate Officials
630.00
102,429.99
Amount carried forward
$140,712.62
John B. Cahoon John B. Earp
Frank H. Bradford
John P. Costin
201
REPORT OF THE BOARD OF SELECTMEN
1930 J
Amount brought forward
$140,712.62
Health and Sanitation
Healthı
$9,251.00
Cleaning Beaches
1,250.00
Health Nurse
1,375.00
Sewer
9,975.00
Refuse and Garbage
12,915.00
Health Dumps
1,700.00
Dental Clinic
1,200.00
Particular Sewers
1,000.00
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