USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1930 > Part 9
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Accordingly, it will be seen that as to main sewers the town has been paying considerably more than one-half the cost and that as to particular sewers, the property owner has been paying considerably less than all the cost. The City of Lynn charges the property owner on each side of the street one dollar per foot for main sewers, making two dollars per foot received by the city for each foot of main sewer laid. It requires the property owner to pay the entire cost of the particular sewer.
The charge established by the sewer commissioners of 1904 seenis to have ripened into a custom during the ensuing years. Apparently it was regarded as a fixed charge by the time the sewer department was merged with the water department in 1910 and no town meeting has ever sought to change it.
It has been the policy of late to encourage the extension of the sewer system. In 1929 the town spent approximately eighty-seven thousand dollars in sewer construction. If the appropriations asked for in the 1930 Warrant are voted, the town will expend about one hundred twenty-one thousand dollars. Accordingly, the question of sewer assessments is a matter of financial importance.
We believe that the rate of assessment for particular sewers should be re-established so as to comply with the law; and that the rate of assessment for main sewers should be re-adjusted so as to represent a nearer approximation of one-half of the cost.
It is, of course, impossible to arrive at an accurate figure represent- ing exactly half the cost of the main sewer as it goes past each piece of property. The Act does not require this. It apparently contem- plates arriving at some approximation by estimates based on the entire town or on particular sections. The assessment must also have a basis in the added benefit to the property sewered. The constitutionality of a sewer assessment is based upon the theory of benefit to the estate assessed, and the assessment is in effect a betterment tax.
The theory of the sewer statutes, both general and special, is that the initiative in the construction of a system of sewers shall be taken by the board of sewer commissioners; that the board shall divide the town into sections; that the board shall lay out, i.e. plan, a system of sewers in each section. The town's part should be to accept or reject or modify plans and systems proposed and to vote or refuse to vote the necessary money.
As far as we are able to learn, prior to the time of the present board of sewer commissioners, conditions as to plans were in a confused state. Much has been done by the present board to improve this situation, and to place the department upon an efficient basis. The board doubtless recognizes the fact that there is still work to be done along this line. The question raised by our report as to assessments is an inherited difficulty.
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RECORDS OF TOWN CLERK
1930]
In order to effect a change in the assessment, this committee at first felt it would be necessary to petition the legislature for a new special Act, and accordingly articles to this effect were inserted in the Warrant for the annual town meeting. After further consideration, and con- sultation with the State Department of Municipal Finance, we feel that if the town desires to make a change, this can be done without special legislation, under the provisions of the general Acts adopted in 1904 and now embodied in Chapter 83 of the General Laws.
We recommend as follows:
(1). That the Board of Sewer Commissioners continue the work begun by the original board, and contemplated by law, of dividing the town into sections, and that they place before the town for acceptance or rejection such proposed sections and the territory to be embraced therein before further work in any section is begun; and that the cost of constructing particular drains or sewer connections shall be assessed by the sewer commissioners upon the estates benefited thereby on the basis of the average cost as determined by said sewer commissioners of connecting estates in that particular section of the town.
(2). As to main drains or common sewers, we recommend that the assessment for these be determined and made under the provisions of General Laws, Chapter 83, that the town bear approximately one-half of the expense of further main drains and common sewers; that ap- proximately one-half be assessed upon the estates benefited; that assess- nients be by a fixed uniform rate, based upon the estimated average cost of all sewers constructed in the town in each year, according to the frontage of the land benefited on any way in which a sewer is con- structed, the amount of said rate to be estimated and determined by the Board of Sewer Commissioners on the basis of such cost; and that in cases where the estate benefited has no frontage on a way, or in cases where an assessment by such frontage would be wholly disproportionate to the amount of benefit received, then such estates be assessed for the use of such main drain or common sewer such reasonable amount as the sewer commissioners shall determine, in the determination of which due regard shall be had to one-half the average cost as aforesaid.
In order that the town may act upon the matter, we recommend the insertion of the following articles in the Warrant for a special town meeting:
(a) To see what action the town will take upon the recommenda- tions of the committee appointed at the annual town meeting of 1929 to investigate and report upon the method of sewer assessments.
(b) To see if the town will accept and adopt the sections as laid out by the Board of Sewer Commissioners, and the territory embraced in each section for extension and development of the sewer system.
(c) To see if the town will vote that assessments for main drains or common sewers be made under the authority of General Laws, Sec- tion 83.
(d) To see what proportion of the cost of main drains or common sewers the town will bear.
(e) To see what methods of assessment under General Laws, Chapter 83, the town will adopt.
Respectfully submitted,
HOWARD K. GLIDDEN, PHILIP W. BLOOD, GEORGE D. R. DURKEE, EDWARD LaCROIX, HARRY D. LINSCOTT, Committee.
Article 12. Report of the Finance Committee was read by James W. Santry, Chairman.
Voted that the report of the Finance Committee be received and placed on file and that we take up the report of sewer committee.
For 58, against 40. (Carried).
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TOWN DOCUMENTS
[Dec. 31
Voted, Article 21. To accept and adopt Paragraph 1, Page 6, of the sewer committee report, namely: That the Board of Sewer Com- missioners continue the work begun by the original board and con- templated by law of dividing the town into sections, and that they place before the town for acceptance or rejection such proposed sections and the territory to be embraced therein before further work in any section is begun; and that the cost of constructing particular drains or sewer connections shall be assessed by the Board of Sewer Commissioners upon the estates benefited thereby, on the basis of the average cost as determined by said sewer commissioners of connecting estates in that particular section of the town.
Voted, Article 13. To accept and adopt Sections 3 and 4 wherein lay the street to be sewered this year 1930.
Voted to take up Articles 14, 15 and 16 together.
Voted, Articles 14, 15 and 16. To accept and adopt the recom- mendations of committee to investigate and study the methods of sewer assessments Paragraph 2, Page 6, of the report as follows: That the assessment for main drains or common sewers be determined and made under the provisions of General Laws, Chapter 83, that the town bear approximately one-half of the expense of further main drains and com- mon sewers; that approximately one-half be assessed upon the estates benefited; that assessments be by a fixed uniform rate, based upon the es- timated average cost of all sewers constructed in the town in each year, according to the frontage of the land benefited on any way in which a sewer is constructed, the amount of said rate to be estimated and deter- mined by the Board of Sewer Commissioners on the basis of such cost; and that in cases where the estate benefited has no frontage on a way, or in cases where an assessment by such frontage would be wholly disproportionate to the amount of benefit received, then such estates be assessed for the use of such main drain or common sewer such reason- able amount as the sewer commissioners shall determine, in the deter- mination of which due regard shall be had to one-half the average cost as aforesaid.
Voted, Article 8. To accept the report of the Finance Committee and adopt their recommendations as follows: For the purposes of con- struction, extension and operation of the sewer system and particularly for the purposes mentioned in Article 44 of the Warrant for the annual town meeting held February 17, 1930; that the Water and Sewerage Board be authorized to take by eminent domain an easement in fee in the following described parcel of land: Beginning at the northwest corner of land owned by Annie T. McDermott, thence southerly by land of Annie T. McDermott and Alinbia Capozza for a distance of about 98.24 feet to land of Alice M. Blaney and Emily M. Porter; thence easterly by land of Annie T. McDermott and land of Alice M. Blaney and Emily M. Porter and land of Alvin P. Johnson for a distance of 31.40 feet; thence southerly by land of Alvin P. Johnson for a distance of about 95.5 feet to the northerly line of Rockland street, the above described line being the westerly line of a sewer easement over land of Annie T. McDermott and land of Alvin P. Johnson. The easterly line of the sewer easement is 8.00 feet from and parallel to the westerly line. That the sum of $50.00 be appropriated therefor from the Excess and Deficiency fund.
For 81, against 0. (Unanimous).
Voted, for the purposes of construction, extension and operation of the sewer system, and particularly for the purposes mentioned in Article 9 of the Warrant for the special town meeting held March 26, 1930, that the Water and Sewerage Board be authorized to take, by eminent domain, an easement in fee in the following described parcel of land:
Beginning at a point 7.00 feet from the southwest corner of land owned by Melora T. Breed, thence northeast along the easterly boun- dary line of land owned by Melora T. Breed for a distance of 85.77 feet to land of Fred M. and Lenora B. Kimball, the above described line
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RECORDS OF TOWN CLERK
1930]
being the easterly line of a sewer easement over the land of Melora T. Breed. The westerly line of the sewer easement is 8.00 feet from and parallel to the easterly line. The above described parcel contains 686 square feet, and that the sum of $50 be appropriated therefor from the Excess and Deficiency fund. For 81, against 0. (Unanimous).
Voted, Article 17. That action under this article be indefinitely postponed.
Voted, that in the event of any adjourned town meeting not held on the same night with a special town meeting for which a Warrant is sent to town meeting members, the Town Clerk be instructed to send a notice to each town meeting member at least three days before such meeting is to be held, giving date, time and some idea of business to come up, before the meeting.
Voted to dissolve at 9:55 P. M. Attest:
RALPH D. MERRITT, Town Clerk.
NEW HIGH SCHOOL SITE
April 23, 1930
John R. Hurlburt, Moderator, appointed the following, under Article 73 to investigate sites for proposed new high school.
Ralph H. Nutter, 21 Mostyn street, Chairman; Henry S. Bald- win, 141 Elmwood road, Chairman High School Committee; Nathan G. Bubier, Chairman Board of Selectmen; George C. Thomas, Acting Chairman School Committee; and the follow- ing from the various precincts:
Arthur E. Santry
Precinct 1
George D. R. Durkee
Precinct 1
John A. Holmes
Precinct 2
James A. Macduff
Precinct 2
Harry M. Lowd
Precinct 3
William R. Gray
Precinct 3
Frank A. Mowatt
Precinct 4
Warren P. Melzard
Precinct 4
Philip H. Stafford
Precinct 5
Roger L. Currant
Precinct 5
Vincent P. O'Brien
Precinct 6
Roy S. Bishop
Precinct 6
Rufus W. Green
Precinct 7
Clarence O. McArthur
Precinct 7
William H. McCarthy Attest :
Precinct 8
RALPH D. MERRITT, Town Clerk.
VACANCY FILLED
April 28, 1930
John R. Hurlburt, Moderator, appointed on the above date Henry A. Sadler, 63 Cherry street, in place of Geo. D. R. Durkee, who re- signed from the Committee to investigate the location of a New High School. Attest: RALPH D. MERRITT, Town Clerk.
WARRANT FOR SPECIAL TOWN MEETING Tuesday, June 24, 1930
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 directed to notify the inhabitants of the town of Swampscott, qualified
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TOWN DOCUMENTS
[Dec. 31
to vote in elections and in town affairs, to assemble in the Town Hall in said Swampscott, on Tuesday, the twenty-fourth day of June, at 7:45 P. M., then and there to act on the following articles, viz:
Article 1. To see if the town will vote to erect, equip and furnish a new high school, and for the purpose thereof will appropriate the sum of five hundred thousand dollars ($500,000) to be raised as follows:
Fifty thousand dollars ($50,000) to be raised by the tax levy of the current year ;
Four hundred thousand dollars ($400,000) to be raised by the issue of notes or bonds therefor, outside the debt limit, in accordance with Chapter 262 of the Acts of 1930;
Fifty thousand dollars ($50,000) to be raised by notes or bonds inside the debt limit in accordance with General Laws, Chapter 44 and amendments thereof and additions thereto;
And to authorize the treasurer, with the approval of the selectmen, to issue such notes or bonds, in accordance with said Acts, the same to be payable in not more than fifteen (15) years from the date of the first bond or note and to bear such rates of interest as may be deter- mined by the treasurer, with the approval of the selectmen;
Or however otherwise it may be determined to appropriate and raise said money.
Article 2. To see what action the town will take upon the report of the committee appointed to investigate and recommend a site for new high school.
Article 3. To see if the town will vote to transfer Phillips Park or any portion of the same, from the Park Commission to the School Committee, under the provisions of Chapter 310 of the Acts of 1930, for the purposes of a high school, school yard, athletic field and play- ground.
Article 4. To see if the town will appoint a committee, consisting of the present high school building committee, with the addition of the chairman of the Board of Selectmen, to proceed with the con- struction, erection, equipment, furnishing and completion of the new high school building provided for under Article 1, with power, in the name and behalf of the town, to employ an architect, enter into con- tracts, and do all things necessary, incidental or convenient to the erection, equipment, furnishing and completion of such school.
Article 5. To see if the town will vote to appropriate the sum of three thousand dollars ($3,000) for the purpose of repairing Humphrey street, to be joined with like sums already appropriated for the same purpose by the State and County.
Article 6. To see if the town will appropriate the sum of three thousand one hundred fifty-three dollars and fifteen cents ($3,153.15) for the purpose of restoring to the Municipal Insurance Fund and the Municipal Insurance Fund Income account the amounts which the Director of Accounts rules were taken from the said fund and income account illegally by vote of the town.
Article 7. To see if the town will vote to establish the following yearly rate of salaries in the Fire Department: Chief, $3,000; Deputy Chief, $2,750; Captains, $2,500; Privates, first year $1,990; second year, $2,090; third year, $2,190 and appropriate money to cover the same, this to be retroactive to April first, as petitioned for by Frank I. Bickford et al.
Article 8. To see if the town will vote to appropriate six hundred dollars ($600) for underground cable work in Puritan road on the fire alarm system as recommended by the Board of Fire Engineers.
Article 9. To see if the town will appropriate the sum of three thousand five hundred dollars ($3,500) for the purpose of providing ad- ditional lots in the cemetery.
Article 10. To see if the town will vote to accept Stanley road as a public way, as laid out by the Board of Selectmen, in accordance with a plan made by W. W. Pratt, town engineer, and to appropriate money therefor, as petitioned for by William D. Rowe et al.
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RECORDS OF TOWN CLERK
1930]
Article 11. To appropriate and raise by borrowing, under any general 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.
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 immediate 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 thirteenth day of June, A. D., 1930. NATHAN G. BUBIER, HOWARD K. GLIDDEN, HARRY E. HARDY, 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 Monday, June 16, 1930, the posting of said notices being seven days before the time of said meeting.
Attest: FRANK H. BRADFORD, Constable.
SPECIAL TOWN MEETING Tuesday, June 24, 1930
In accordance with the foregoing warrant the town meeting mem- bers assembled at the Town Hall, at 7:45 P. M., and were called to order by John R. Hurlburt, Moderator, the necessary quorum being present. The warrant with the return was read by the Town Clerk.
REPORT OF FINANCE COMMITTEE
To the Members of the Limited Town Meeting:
The Finance Committee herewith submits its report concerning all articles in the warrant on which under the by-laws it is required to make a report.
Article 1. This article relates to the appropriation of $500,000 for the erection and equipment of a new high school building. The money is to be obtained by the appropriation of $50,000 from the tax levy of the current year; $400,000 to be borrowed outside the debt limit in accordance with the provisions of Chapter 262 of the Acts of 1930; and the remainder, $50,000 to be borrowed inside the debt limit in accordance with the provisions of Chapter 44 of the General Laws and acts in amendment thereof.
This matter was considered under an article in the warrant for the Annual Town Meeting and we then recommended indefinite postpone- ment. An influential factor in that recommendation was the belief that, in the event of the erection of a new high school building. the present building would have to be abandoned and scraped. We felt that this would be a distinct financial loss to the town because the building seems to be in good physical condition, and fit for service for many years.
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TOWN DOCUMENTS
[Dec. 31
In considering this article we conferred with the Building Com- mittee, the Committee on the selection of a site, and the School Com- mittee. We were informed by the School Committee that they had given further consideration to the use of the present high school building for elementary school purposes. We were further informed that conditions in the Clarke School particularly, and also in the Machon School are becoming congested, and that transfers have had to be made from those schools to schools in other parts of the town located at inconvenient distances from the homes of the pupils. In view of these conditions the School Committee expressed the opinion that, within a short time, probably within three years, accommodations would have to be made in the central part of the town for pupils at- tending the elementary grades, and that, in the opinion of the Super- intendent and the members of the School Committee, the present High School building could be efficiently used for this purpose. The building is located in an area that will soon need additional space for the elementary grades. This information changes the aspect of the ques- tion, and makes it unnecessary to consider the abandonment of the present high school building. It has been estimated that to erect a new high school building would take at least a year, and relying upon the opinion of the School Committee, this would mean that, after the expiration of a period of about two years, the present high school building would be used for school needs. Under these circumstances we feel it would be unwise to remodel the present building to continue its use for high school purposes.
We are, however, concerned about the large sum of money that is recommended for the erection of a new school. Recently other communities with a population very much larger than that of Swamp- scott have appropriated substantially smaller sums of money for the erection of a high school building. We refer particularly to Arlington. We are informed that at the last annual town meeting in that com- munity $389,000 was appropriated for the erection of a high school building. Arlington has a population of 35,000. The plans provided for a building of twenty rooms, an assembly hall, and a gymnasium.
In our report to the Annual Town Meeting we called attention to the slow growth of this school. It appeared from the figures obtained from the School Committee that, assuming an entrance class of 150 pupils in the fall of this year, it would mean that there had been an increase of only 28 pupils in the entrance classes over a period of five years. The population of this town is estimated to be about 10,000. Taking into consideration the slow growth of this school and the population of the town, we believe that it would be extravagant to expend $500,000 on a school of this character. In making this state- ment we have no desire to question the figures submitted by the com- mittee as to the cost of a school to be built in accordance with the plans that they have submitted. We believe, however, that a more careful consideration of the high school needs of the Town would result in obtaining plans and specifications that would permit the erection of a building adequate for our high school needs for many years at a very much less sum than the amount recommended by the Building Committee.
While we are not in a position to state definitely the amount of money that should be spent for this purpose, nevertheless, if a community of the size of Arlington can erect a high school building for $389,000, we feel that a town of the size of Swampscott should be able to obtain plans that would permit the erection of a building adequate for its high school needs at a sum not to exceed $350,000.
We therefore recommend that the Building Committee give further consideration to this project for the purpose of obtaining plans and specifications that will allow the erection of a high school building at a cost not to exceed $350,000.
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RECORDS OF TOWN CLERK
1930]
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Note-Mr. Cary dissents from this report. He believes that the recommendations of the Building Committee should be adopted.
Article 5. This article seeks the appropriation of $3,000 for the purpose of repairing Humphrey street. This matter was considered by the Town Meeting under an article in the warrant for the Annual Town Meeting and we then recommended that action be indefinitely postponed with the understanding that the Board of Selectmen would confer with the County and with the State to see if contributions would be made by those bodies towards the cost of the project. Since then conferences have been held with the result that the County and the Commonwealth has each set aside $3,000 toward the cost of the work. No part of this contribution however can be used for repairing the road, but all of it must be used in new work in connection there- with. This new work will extend from the Lynn line to the Monument on the southerly side of the road, and will be of concrete construction. There is another area of the wood block pavement in the vicinity of Puritan road that is in bad condition. These blocks will have to be removed and a surface of concrete laid. It is estimated that the cost to the town for this work will be $3,000. We recommend that this work be done and that the sum of $3,000 be appropriated therefor from the Excess and Deficiency Fund.
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