USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1931 > Part 5
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General Debt Maturing
51,900.00
51,900.00
54,200.00
54,200.00
Sewer Bonds
14,850.00
14,850.00
14,000.00
14,000.00
T. B. Hospital Bonds
4,000.00
4,000.00
4,000.00
4,000.00
Essex Sanitorium Association
5,587.89
5,587.89
6,308.68
6,308.68
T. B. Hospital Addition
------- --
3,645.64
3,615.64
3,779.81
3,779.81
$123,808.74
RECORDS OF TOWN CLERK
$757,351.67 39
1931]
1931
40
TOWN DOCUMENTS
[Dec. 31
TRANSFERS
From Monument Avenue and Walker Road
To Beach Bluff Avenue
$624.38 200.00
To Phillips Avenue Roadway Extension
$824.38
From Whitman Road Roadway
To Beach Bluff Avenue 1,668.84
From Phillips Avenue Roadway
To Phillips Avenue Roadway Extension
7,616.82
From Bay View Drive
To Barnstable Street $392.23
To Foster Road
550.00
942.23
From Minerva Street
To Barnstable Street 45.00
From Salem Street Culverts To Atlantic Road Culvert 97.94
$11,195.21
From Excess and Deficiency
To be used by Assessors in reducing the tax rate
$10,000.00
ESTIMATED RECEIPTS WATER DEPT.
Water
$63,606.00
Emergency Water 2,500.00
$66,106.00
REPORT OF PLANNING BOARD
Article 40. In Article 40 of the Warrant for the annual town meet- ing Mr. John Albree, et als, question the historical accuracy of the Abednego Ramsdell tablet, and request that it be replaced at the ex- pense of the town.
The article, under the by-laws, was referred to the Planning Board, and Mr. Albree was requested to submit his objections or new evidence if any relating to the inscription.
Notwithstanding the specific charges presented by Mr. Albree the Board submits the following statement for the information of the meeting:
The tablet referred to stands on a boulder at the junction of Essex and Cherry streets, and was donated to the town by the Old Essex Chapter Sons of the American Revolution December 4, 1929.
It commemorates the heroism and patriotism of a brave soldier of Lynn, of which Swampscott was then a part, who was killed in action in the Battle of Lexington over 150 years ago.
The Board has investigated all known historical authorities dealing with the subject, and has also conferred with officers of Old Essex Chapter, and finds that the statements made in the inscription are correct and in accordance with the known facts.
It is recommended that action on this Article be indefinitely post- poned.
GEORGE M. GLIDDEN, JOHN R. HURLBURT, HENRY S. BALDWIN, HERBERT E. INGALLS, RALPH J. CURTIS,
Planning Board.
41
RECORDS OF TOWN CLERK
1931]
Article 41. Article 41 of the Warrant for the town meeting of February 16, 1931, was referred to this Board by the town meeting members for investigation and report.
This Article is based upon the petition of John Albree et als for a rezoning of the water-front locus from King's Beach to Blaney Beach, as a business district:
The petition is as follows: Article 41. To see if the town will vote to amend the Zoning By-Laws of the town so that all that land on the ocean side of Humphrey street, between King's Beach and Blaney Beach, may be zoned as a business district, as petitioned for by John Albree et als.
In considering the subject matter of this petition for report and findings it seems to the Board essential to give careful examination to the location and sites of the town as a whole, the character of the town as regards residential and business conditions, the occupation of its citizens, and the natural development of the town in the future.
Swampscott is a town of slightly more than ten thousand inhab- itants. It is bounded on the west by the City of Lynn and on the north by the City of Salem and the Town of Marblehead, on the east by Massachusetts Bay and on the south by Nahant Bay. The land in Lynn adjoining Swampscott and in the vicinity of the locus described in the Article is zoned as a general residence district. The land in Marblehead adjoining Swampscott is also zoned as a single residence district, thus harmonizing the entire district as residential.
Residential in Character
The town itself is almost wholly residential in character and is widely known as a residential town. There are many fine residences and unusually well kept estates within the town, and this applies es- pecially to the land in the vicinity of the locus set out in Article 41. The town is exceptionally free from smoke, dirt, dust and noise. Swampscott is not in any sense a manufacturing or commercial town, and while there are a few, perhaps three or four, manufacturing estab- lishments in the north part of the town nearly a mile or so from the waterfront locus, there is no business of that kind in any other part of the town.
Water Front Locus
The waterfront locus is a beautiful tract, some 1,200 feet in extent, having a depth of some 200 or 300 feet with attractive dwelling houses well set back from the street and with attractive lawns and shade trees. This waterfront locus extending easterly 260 feet from King's Beach includes four parcels which are permissible for limited business, and it also extends further easterly some 1,200 feet to Blaney Beach. This latter locus, with the exception of the Ionic Club, is entirely residential.
The stretch of 260 feet easterly from King's Beach is occupied by a three story wooden building containing a small cooperative bank and a branch post office on the lower floor, and a vacant office and tenements on the upper floors. This stretch of 260 feet also contains two buildings, occupied by combination soda, popcorn, and light lunch stores mostly for a summer business.
It is important to bear in mind that when the 260 feet locus east of King's Beach and the locus on the north side of Humphrey street opposite this waterfront locus were marked on the zoning plan for permissible use in 1924, both of these places had been used for business long before 1924, and the owners were entitled to use their property under a permissible use, and it was so marked on the zoning plan.
Future Development
The present and future development of the town is an important feature in the matter of zoning. Swampscott is a town of about 10,000 inhabitants. It is almost wholly a residential town; the homes of people doing business in Lynn and Boston.
.
42
TOWN DOCUMENTS
[Dec. 31
There are some 2,384 dwelling houses and some 59 places for limited business; in other words, only two per cent. of the structures are for business use and ninety-eight per cent. are strictly residential. The development of the town in the future as in the past, will be a residential community. Most of the shopping of the people is done in Lynn or Boston and the requirements in the town itself in the way of business trade is small, being merely supplementary in the way of small purchases. Nearly all the business now conducted along Humphrey street is that of small one room food shops, soda and popcorn and like matters, largely for summer trade. There are at all times a certain number of vacancies among these stores.
Zoning Line
It has been said by the Court, and it is of course self evident, that where zones are established, the zoning line must be drawn somewhere; otherwise there could be no zoning.
It has been argued that inasmuch as the 260 feet on the westerly side of the property described in the petition and also the north side of Humphrey street is allowed as business location, that the land on the east side of Cliffside avenue and on the south side of Humphrey street along the water front should also be allowed as business locations. This argument by itself has no force whatsoever. If that principle were followed "in extenso," there would be no restrictive lines to zoning. In fact zoning would be wholly impracticable. It is true that when zoning lines are established the zoning line must be of necessity be drawn somewhere. Zoning means a mark of limitation, a demarcation. The dividing line is frequently set by a street line. If the zoning on one side of a street necessarily involved a like zoning on the other side of the street, the zoning would be eliminated, and the locus on the other side of the street would be in the same zone as the first locus. So likewise, with the second locus having zoning as the first locus, the same principle would apply to the adjoining locus. The result would be that there would be no zoning limit. As a matter of fact, and prop- erly so, zoning lines are often drawn between adjoining lots. If the theory were adopted that because one side of a line is zoned, it must follow that the other side of the line must also be zoned, it would wipe out zoning lines. The theory is fallacious, incorrect and impracticable.
Zoning
The original Zoning Committee of the town and the voters in their wisdom and judgment have declared that the waterfront locus should remain a General Residence District so as to harmonize with the natural development of the town and assist in carrying out the scheme of mu- nicipal improvements. Swampscott is often referred to as the "Town Beautiful," and the location of the waterfront locus in question on the North Shore and on Nahant Bay is one of great natural beauty.
It may be true that a somewhat additional price could be obtained from speculators who frequently force themselves into a town and erect small structures that do not add to the well being of the town and which in many cases are very undesirable. To expect to change the zoning so carefully studied and applied by the town merely because of some additional price is unwarranted. The courts have held that the mere fact that a somewhat larger return could be obtained is not in itself material.
There is one feature that is of some importance in considering this question, and that is this: if any part or the whole of the waterfront locus should be zoned for business, only a small part of the depth, say about 100 feet, could be used for business structures, and the rest of the lot in the rear would become a back yard, so to speak, to be encumbered with the usual litter of stores and the like. The result would be that what is now one of the finest and most beautiful water fronts along the North Shore would become the back yard of stores.
43
RECORDS OF TOWN CLERK
1931]
Under all of the circumstances and considering all of the facts in the case, it is clear that in zoning this locus as a residence district, due and careful regard was paid to the prevailing characteristics of the neighborhood in such a manner as will harmonize with the natural de- velopment of the town as a whole, and with the general scheme of the Zoning Committee and the voters as expressed by the Zoning By-Laws.
Purposes of Zoning
The intent and purpose of the zoning By-Law is to protect and safeguard the town from unsightly and objectionable buildings and from undesirable exploitations so frequently promoted and foisted upon a town by eager and at times unscrupulous speculators.
It should not be in the power of any man, whether sitting as a master, or otherwise, to set aside the combined wisdom and judgment of a Zoning Committee and the voters of a town, and in effect make this waterfront locus a business district. The Zoning Committee and the voters of the town in their wisdom and judgment and with intimate and special knowledge of local conditions have placed this locus in question as part of the General Residence District as being necessary, proper and advisable under Section 25 of Chapter 40 of the General Laws.
As to that part of the statute which provides that zoning shall be carried out in a manner as will best promote the health, safety, con- venience and welfare of the inhabitants, lessen the danger from fire, etc .; this language is to be construed by the language of the statute as a whole and not to be taken alone as the controlling intent of the statute. Doubtless certain business uses might be permitted in almost any part of the residential district, which would not be detrimental to the health, safety, convenience or welfare of the inhabitants of the town, and which would not affect the health and safety of the people, nor add to the danger of fire. But it would impair the zoning By-Laws adopted by the town and would not harmonize with the natural development, nor would it assist in carrying out the scheme for municipal improvements. It would, however, decidedly upset and impair these objects.
In other words the application of the words "as to health, safety, convenience and welfare of the inhabitants, and the lessening of danger from fire" is to be judged by the language of the rest of the statute; the general scheme for municipal improvement put forth by the zoning Committee and the voters that will harmonize with the natural develop- ment of the town.
Zoning for Business
It is to be noted that the petition referred to in Article 41 requests that the entire water-front locus between King's Beach and Blaney Beach be zoned for business. If this were done it would be the only business zone in the whole town.
There appears to be some confusion about the matter of zoning. The town has only two zones, a general residence district and a single residence district. There is no business zone in the town. All the places along Humphrey street now used for business under a permissible use were used for business long before 1924, when zoning was first esta- blished in the town. The confusion arises because many people think that these places constitute a business zone, when as a matter of fact they are all in the general residence zone.
There is an important distinction between allowing a permissible use and zoning for business.
Under a permissible use for business the then existing structures could continue to be used for the business established there at the time of the adoption of the zoning ordinance in 1924. But no such structure may be enlarged without the special permission of the Board of Select- men, or on appeal, by the Board of Appeals of the town, and on the destruction or removal of the structure, the right for a permissible use
44
TOWN DOCUMENTS
[Dec. 31
ceases, and the premises can no longer be used for business, even for a permissible use. This applies to every parcel in the town marked on the zoning map as a permissible use for business.
Whether any portion of the town should ever be zoned for bus- iness as distinguished from a permissible use for business, is a question which should always be very carefully considered by the voters of the town.
Decision
The Planning Board can see no reason why it should recommend the creation of a business district on this locus, when there is no bus- iness zone in any part of the town.
The Board therefore is compelled to report adversely upon this Article of the Warrant, and recommends that action under this Article be indefinitely postponed.
GEORGE M. GLIDDEN, JOHN R. HURLBURT, HENRY S. BALDWIN, HERBERT E. INGALLS, RALPH J. CURTIS, Planning Board.
Article 51. The Planning Board has considered Article 51 which was referred to it at the Annual Town Meeting held on Tuesday, Feb- ruary 24. This article proposes that the Zoning By-Laws be changed by making the easterly side of Walker road from the Boston and Maine tracks to Mountwood road a single residence district instead of a general residence district.
As this proposed change would in our judgment be of benefit to the town, we recommend that the Article be adopted.
GEORGE M. GLIDDEN, JOHN R. HURLBURT, HENRY S. BALDWIN, HERBERT E. INGALLS, RALPH J. CURTIS, Planning Board.
Article 52. The Planning Board, in considering a site for the new High School, is divided in its opinion as to the proper location.
The majority favor the present Town Hall site, notwithstanding the apparent increased cost, on the grounds that the additional expense is justified by the possibility of further development of this district as a Community Center.
The minority favor the Phillips Park location, as there is ample ground for the erection of the High School, with suitable surroundings of sufficient area not only for the building, but for an Athletic Field. This location is already the property of the town and no expenditure will be necessary to acquire it.
GEORGE M. GLIDDEN, Chairman.
Voted, Article 4. To accept the report of the Finance Committee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 7. To accept the report of the Finance Committee, and adopt their recommendations as follows:
That further action on this article be indefinitely postponed.
Voted, Article 8. That the amendment to the Finance Committee's report be accepted and that said substitute recommendation be adopted, as follows: (Unanimous).
That the item for water of $63,606 and also the item of emergency water of $2,500 under the heading of Enterprises, be taken from the re- ceipts of the water department for the current year.
That the following amounts be appropriated for the various depart- ments and activities for the current year :
1931]
RECORDS OF TOWN CLERK
45
General Government
Legislative
$600.00
Selectmen
3,700.00
Selectmen's Contingent Fund
500.00
Accounting
3,525.00
Treasury
2,051.00
Certification
500.00
Tax Collector
4,000.00
Assessors
4,400.00
Town Clerk
765.00
Election and Registration
2,260.00
Engineering
7,600.00
Town Hall
4,400.00
Law
ยท 1,500.00
Board of Appeals
250.00
Planning Board
600.00
Protection of Persons and Property
Police
$44,000.00
Fire
44,500.00
Moth
5,000.00
Tree Warden
4,000.00
Forest Warden
200.00
Inspector of Buildings
1,300.00
Sealer of Weights and Measures
555.00
Subordinate Officials
630.00
Care of Prisoners
100.00
Health and Sanitation
Health
$9,251.00
Dental clinic
1,200.00
Health nurse
1,375.00
Cleaning beaches
1,250.00
Refuse and garbage
12,915.00
Dumps
1,666.00
Sewer
9,475.00
Particular sewers
500.00
Brooks
4,500.00
Highways and Bridges
Highway administration
$3,280.00
Highways
44,000.00
Seal coating
4,000.00
Street construction
2,000.00
Street watering and oiling
4,000.00
Sidewalks and curbing
3,600.00
Snow and ice
10,000.00
Continuous sidewalks
5,000.00
Street lighting
24,000.00
Charities and Soldiers' Benefits
Public Welfare
$20,000.00
Soldiers' Relief
10,600.00
State Aid
800.00
Pensions
3,912.00
Burnett Fund
1,166.00
Schools and Libraries
Schools Libraries
$196,150.00
11,000.00 100.00
Traveling expenses
46
TOWN DOCUMENTS
[Dec. 31
Recreation and Unclassified
Parks
$9,000.00
Memorial Day
470.00
Firemen's Memorial Sunday
200.00
Heat & Light G. A. R. Hall
750.00
District nurse
300.00
Legion building
1,340.00
Trust Fund Custodian's bond
40.00
Reserve fund
2,500.00
Printing town reports
1,334.00
Insurance
2,763.00
Veterans' exemption
50.00
Enterprises
Cemetery
$6,310.00
Water
63,606.00
Emergency water
2,500.00
Interest on temporary loans
5,000.00
General debt interest
24,567.75
Interest on sewer bonds
5,312.50
Interest on T. B. Hospital bonds
1,640.00
General debt maturing
54,200.00
Sewer bonds
14,000.00
T. B. Hospital bonds
4,000.00
Essex Sanatorium Assessment
6,308.68
T. B. Hospital addition
3,779.81
Voted, Article 9. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 10. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That the sum of $1,000 be appropriated for the purpose of seal coating this road, between the points named, the work to be done under the direction of the Surveyor of Highways.
Voted, Article 11. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That the sum of $450 be appropriated for the purpose of removing the balance of the ledge on the southerly side of Buena Vista street, the work to be done under the direction of the Surveyor of Highways. Voted, Article 12. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That action under this article be indefinitely postponed.
Voted, Article 13. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 14. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That the roadway at this point be widened as set out in said article, that the work be done under the direction of the Surveyor of Highways and that the sum of $300 be appropriated for this purpose.
Voted, Article 15. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That the Selectmen be authorized to make the necessary taking and award damages and that the sum of $250 be appropriated for the same, provided however, that the necessary land to be taken can be obtained for not over $85.
Voted, Article 16. To accept the report of the Finance Committee as amended. Action under this article be indefinitely postponed.
Voted, Article 17. To accept the report of the Finance Committee and to adopt their recommendations as follows:
47
RECORDS OF TOWN CLERK
1931]
That this street be resurfaced with bituminous macadam construc- tion in accordance with specifications approved by the Division of Highways of the Department of Public Works of the Commonwealth and that the Board of Selectmen be authorized to make, sign and deliver a contract in behalf of the town therefor, subject to the provisions of the by-laws relating to the making and awarding of contracts and for this purpose the sum of $7,616.82 be transferred from the account of Phillips avenue roadway to the account of Phillips avenue roadway extension and the sum of $200 be transferred from the account of Monument avenue and Walker road to the account of Phillips avenue roadway extension. (Unanimous).
Voted, Article 18. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That this work be done under the direction of the Surveyor of Highways and that the sum of $2,000 be appropriated for this purpose, $392.23 to be raised by transfer from the account of Bay View Drive, $45 by transfer from the account of Minerva street and the balance $1,562.77 from the tax levy.
Voted, Article 19. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That Foster road be resurfaced with some kind of a mixed top, so-called, from Jessie street to the Griswold property, and that the work be done under the direction of the Surveyor of Highways and the sum of $550 be transferred from the account of Bay View Drive for this purpose.
Voted, Article 20. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 21. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 22. To accept the report of the Finance Committee and to adopt their recommendations as follows :
That further action under this article be indefinitely postponed.
Voted, Article 23. To accept the report of the Finance Committee and to adopt their recommendations as follows:
That the sum of $700 be appropriated for this purpose and that the work be done under the direction of the Water and Sewerage Board, $97.94 to be transferred from the account of Salem Street Culverts and $602.06 raised from the tax levy.
Voted, Article 24. To accept the report of the Finance Committee as amended.
That action on this article be indefinitely postponed.
Voted, Article 25. To accept the report of the Finance Committee as amended.
That action under this article be indefinitely postponed.
Voted, Article 26. To accept the report of the Finance Committee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 27. To accept the report of the Finance Committee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 28. To accept the report of the Finance Committee and adopt their recommendations as follows:
That the town rescind the action of the Town Meeting of February 21, 1927, wherein it was voted to borrow the sum of $3,000 for the pur- pose of extending the water main in Foster road.
Voted, Article 29. To accept the report of the Finance Committee and adopt their recommendations as follows:
That the salary of the Chairman of the Water and Sewerage Board, Mr. Durkee, be increased from $300 to $500 and that said $200 increase be charged not to tax levy but to water receipts, and that the salaries of the other members of the board remain the same.
48
TOWN DOCUMENTS
[Dec. 31
Voted, Article 30. To accept the report of the Finance Committee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 32. To accept the report of the Finance Committee and adopt their recommendations as follows:
That the sum of $460 be appropriated for this purpose.
Voted, Article 33. To accept the report of the Finance Committee and adopt their recommendations as follows :
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