USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1934 > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20
At the time Mr. Griswold opened up the Highlands he consult- ed with the water commissioners and understood the town's rule and regulations. He then later on, at his own expense, caused pipes to be laid over the surface of the ground to supply water to the various houses built upon the premises. Where this pipe left Bur- pee road a meter was placed and Mr. Griswold charged accordingly. We understand that the cost for laying pipes was about fifteen hun- dred dollars and that the charge for water each year has averaged about two hundred dollars. These overground water pipes were later donated to a group of the lot owners. From the water pipes thus laid residents have either connected directly with their houses or have caused faucets to be placed in the pipe as it passes the hous- es, and get the water from these faucets. This service, of course, is not available during the winter months, and as soon as cold weath- er sets in the water is cut off at the meter.
For several years now the water commissioners have been urged to place water mains in these streets, and the reasons for their re- fusal do not seem to be generally understood. All town departments operate through the machinery of the laws, and any department do- ing otherwise than to follow these laws would be committing a se- rious offense, Nowithstanding how the commissioners may feel about this matter personally, they have consistently administered the affairs of their office in accordance with these laws.
Permits
Permits and licenses are certain privileges or rights granted in- dividuals by a governmental agency in order to control and preserve public health, public safety and good order of a community.
In connection with the Highlands we are particularly interested in permits as granted by the building inspector, the plumbing in- spector and the board of health.
Building Inspector
What happens when one wishes to build a house in Swampscott ? He first, with his plans and specifications, visits the building inspec- tor, and explains what it is he wishes to do. These plans are ex- amined by the building inspector, and if the height of the building and its location relative to lot lines and street lines do not violate any of the town by-laws or zoning by-laws as to setbacks, etc., and the specifications are in accordance with the building by-laws, then a permit is granted. The building inspector is interested primarily in the construction of the building; that is, to see that its timbers and its foundations are sufficiently strong so that it will stand alone. He apparently is not interested in whether or not the owner will
59
RECORDS OF TOWN CLERK
1934]
afterwards be allowed to install water pipes and plumbing. During the construction of the building, the inspector examines the struc- ture from time to time, and if everything is apparently in accord- ance with the plans and specifications as submitted, nothing further is done. The last building permit issued for building in the High- lands was in October, 1933.
Plumbing Inspector
Sometime during the construction of this building the owner must receive a permit to do the plumbing, and plumbing is only allowed to be done by master plumbers who receive their permits to do work in Swampscott from a plumbing inspector acting under au- thority from the board of health. If such a permit is granted after an examination of the plans shows that they comply with the plumb- ing inspector's rules and regulations, the plumbing is installed and finally tested, and if finally approved the building is declared fit for habitation. With the building inspector and the plumbing in- spector thus taken care of the owner must also have water installed in accordance with the rules of the water department, and if on a street in which there is a sewer, have service connection made by a licensed drain layer, both water service pipe and the drain pipe being laid at the expense of the land owner. If in a section of the town where no sewer exists and the outlet is into a cesspool, then the location of the cesspool must be approved by the board of health. The last plumbing permit issued for any building in the Highlands was in 1924.
Board of Health
The duties of the board of health are to care for the health and sanitation of the town and in addition to its statutory powers shall prepare rules and regulations for the conduct of its own department. The Highlands Development has apparently caused some uneasiness as no permit has been issued by the department since 1924. This is caused by the fact that there is no water supply nor sewers. The people who bought these lots did so because the price was within their means, and they likewise erected buildings also within their means and supposedly understood the conditions then existing. For water they either drove or dug wells, and most of the wells are dug wells; that is, simply a hole in the ground some fifteen feet deep, which allows the ground water to seek its level, and from these wells the water is pumped into the house. The sewage is taken care of by cesspools and it is the contention of the board of health that these cesspools and the other means in which sanitation is taken care of contaminate the water. All these wells have been tested by the State board of health and declared unfit for drinking purposes, but they still continue to be in use.
The Artesian Well
The story of this well is found in the Selectmen's report, page 179 of the town report for the year 1931. Briefly the town appro- priated $5,000 and spent $2,844.48 to have this well driven. It goes down into the ground 240 feet and provides about 20 gallons of wa- ter per minute. The State Board of Health prohibites the use of this water unless chlorinated as its source was unknown even though it contained no objectionable bacteria.
It was the intention of the board of selectmen to have this done, establish a pump at this point so that the neighborhood might ob-
60
TOWN DOCUMENTS
[Dec. 31
tain water and carry it to their homes. The selectmen reported that the residents asked that nothing further be done and that they would not use the water thus provided.
The Board of Health has closely followed the development in this section, fearing an epidemic from the water situation. With their careful watching they have found it necessary thus far to evict only one family, due to sanitary conditions. This naturally has caused a feeling of unrest among the other inhabitants of the district. They have sought political help and assistance and their efforts have reached the State Board of Health at Boston. See let- ter of December 2, 1929, and recent letter of March 8, 1934, which we include in this report as it seems to us to set forth clearly the whole situation.
December 2, 1929
Governor Frank G. Allen, Executive Chamber, State House, Boston, Mass. Your Excellency :
In response to your request, the Department of Public Health has caused an examination to be made by one of its engineers of the water supply conditions in the vicinity of Stuart street in the Swampscott Highlands section of the town of Swampscott.
Swampscott Highlands is located in the westerly part of the town of Swampscott and is bounded on the north by the Salem- Swampscott boundary line and on the west by the Lynn-Swampscott boundary line. The nearest water supply mains to Stuart street are those in the city of Lynn in Morton hill avenue some 1800 feet dis- tant and those in Burpee road in the town of Swampscott some 3000 feet distant.
Water is temporarily supplied to the inhabitants of this dis- trict through the pipes of the Suburban Land Company, and as these pipes are laid over the surface of the ground it is not practicable to supply water through them during the winter months. It has been the practice for the inhabitants to obtain water from various private wells during those months, but the results of analysis have shown that the water of some of these wells is polluted and unsafe for drinking.
Recently one of the engineers of this department had a confer- ence at Swampscott with the chairman of the Board of Selectmen, the Board of Health and Board of Water Commissioners, respective- ly, also the Building Commissioner and the Town Engineer, relative to the letter of Valentine H. McDowell in order to ascertain what action had been taken by the town relative to any request made by the petitioner for water to be supplied in Swampscott Highlands. At this conference the authorities of the town stated that the road from Burpee road to what is known as MacArthur or Foster circle has not been accepted by the town in its entirety but only for a part of the distance. It appears also that at a town meeting held in March of the present year the town voted to lay a 10 inch main in Foster road from Burpee road a distance of about 480 feet to Foster circle and appropriated sufficient money for the purpose but direct- ed that it should not be built until the street should conform in line and grade with the plan accepted by the Board of Survey and until the abutters had signed an agreement to pay 6% interest on the investment until the water rates should equal the interest on the cost of the work.
The department is informed that the Board of Water Commis- sioners, upon advice of the Town Counsel, have interpreted this vote
61
RECORDS OF TOWN CLERK
1934]
to mean that all abutters must first sign an agreement to pay their share of the 6% interest on the cost of the work. That is, even if the full 6% were pledged by a number of the abutters the town is not to lay the pipe until all have agreed to pay their share. As all of the abutters have not signed the agreement to pay 6% on the cost of extending the water pipe, the pipe has not been laid. Even if the pipe had been laid to MacArthur circle the extension would not have brought the water within a half mile of Stuart street where the home of the petitioner is located.
The matter of a water supply for the real estate development in the district of Swampscott Highlands was brought to the attention of this department in the year 1924 and its advice was requested by the Board of Survey of the town of Swampscott relative to the con- dition of the water of certain wells on Manson road near the terri- tory in question. At that time the department advised the Board of Health of the town of Swampscott, under date of May 5, 1924, that the ground in the vicinity of the wells indicated was exposed to pollution. The department also referred to the conditions in the real estate development in that neighborhood where a number of streets had already been laid out and some 60 houses constructed with no provision for supplying the inhabitants with water or for disposing of the sewage. The following is quoted from that reply of the de- partment:
" .... Under the circumstances, the inhabitants of this region are living under conditions which are unsanitary and ob- jectionable, though the conditions have not been brought about by any neglect on the part of the municipalities con- cerned or their officials. This kind of development is not an uncommon one and results in circumventing existing laws designed for the proper laying out, construction and main- tenance of highways in cities and town ... .
The recent examination shows that the conditions in the area under consideration have not improved since the time of the pre- vious examination and that none of the streets are laid out and ap- proved in accordance with the requirements of the Board of Sur- vey of the town of Swampscott. Some 20 additional houses have been built in this neighborhood since the time of the previous exam- ination, and under the Board of Survey laws no water pipes can be laid in any street or way until such street or way has been built in conformity with the plan approved by the Board of Survey.
Conditions in the area under consideration are similar to those found in other real estate developments and, while such conditions are generally objectionable, neither the State nor the local authori- ties apparently have any jurisdiction in the matter, except that a local board of health under the authority granted them by the gen- eral laws can when necessary declare premises to be unfit for occu- pancy. The department is advised that the Board of Health of Swampscott has already acted in certain cases under that law.
Cases similar to this have occurred in other places. An interest- ing experience was furnished a few years ago when an area of land was developed in the town of Dedham and the street lay-outs did not meet with the approval of the Board of Survey of that town. Sub- sequently appeals of the property owners for public sewers and wa- ter supply were rejected by the town officials and the town's appli- cation to the courts for an injunction to prevent the building on the areas in question was also rejected. In another case the town of Lexington posted on private ways certain signs warning prospective purchasers of a land company, that sewers, water supply, etc., could not be furnished by the town until the plans of the street lay-outs,
62
TOWN DOCUMENTS
[Dec. 31
etc., had been approved by the Board of Survey. The real estate de- velopers promptly removed these signs and the town took the matter to the courts. A decision was handed down by the Supreme Court of Massachusetts in the year 1920 (235 Mass. 108) from which the following is quoted:
234 Mass. 108
"A board of survey, constituted under the provisions of St. 1907, c. 191, by a town which has accepted the provi- sions of that statute, has no right to erect or to maintain upon unimproved land, owned by a corporation which in- tended to improve, develop and sell it, a sign containing a warning to purchasers as to the character of road which, under the provisions of the statute, would be acceptable to the board.
Nor has such a board of survey any right or power conferred by the common law or by statute to erect or main- tain such a sign within a highway, the fee to which is owned by a private person who has not granted such a right to the town.
If, upon the filing by a landowner of plans relative to the laying out of streets over certain land with a board of survey under the provisions of St. 1907, c. 191 the board is not satisfied with the plans, their powers and duties then are, not to reject the plans, but to alter them, determine where the streets should be located and what their widths and grades should be and, having so indicated on the plans, to approve and sign plans as changed.
Upon a reservation for this court of a suit in equity upon the bill and a demurrer, no intendments are made in favor of the plaintiff, who should aver in the bill every ma- terial fact essential to a right to relief.
St. 1907, c. 191, does not confer upon a board of survey a right to maintain a suit in equity to restrain an owner of land from laying out and constructing streets therein be- cause he has not complied with the provisions of the sta- tute relating to the filing of plans with the board."
The department has called attention to the conditions brought about by real estate developments in its annual reports, especially in the report of 1920.
To conclude, it seems clear that this department has no juris- diction in the matter of extending water mains in the town of Swampscott to the area referred to in the communication to Mr. Valentine H. McDowell. It is unforunate that persons purchasing property in such areas are not properly warned of the effect of the Board of Survey laws on such public improvements as water supply and sewage disposal if these laws have been accepted by the munici- pality. Even if the property has been laid out and the streets ac- cepted in accordance with the Board of Survey act the Water De- partment is not bound to extend its water mains into such areas unless the petitioners guarantee a proper return on the investment. In this case the town of Swampscott cannot, except in violation of the general laws, extend water mains into any street the location, width and grades of which have not been approved by the Board of Survey, nor can the town restrict building on any land in the town. Its only recourse under the existing laws is to prevent occu- pancy of any property where a nuisance appears to exist until con- ditions have been remedied.
Respectfully, George H. Bigelow, M.D. Commissioner of Public Health.
63 ·
RECORDS OF TOWN CLERK
1934]
THE COMMONWEALTH OF MASSACHUSETTS Department of Public Health State House, Boston
March 8, 1934.
To the Board of Health
Swampscott, Massachusetts.
Mr. Clarence W. Horton, Health Officer
Gentlemen:
In response to your request submitted to this office by Robert E. Archibald, M.D., State District Health Officer, on Wednesday, March 7, the Department of Public Health is pleased to submit the following information relative to water supply conditions in the Swampscott Highlands section, so-called, in the town of Swampscott.
The matter of the condition of the water supply in this section was called first to the attention of this department in 1924 when a well near Manson street was examined because of a case of typhoid fever in the family using the well. At that time there were about 60 families in this real estate development. The only water supply available was from private wells and it was the practice to discharge sewage into the ground either in privy vaults or cesspools, the points of disposal in some cases being close to the wells. The de- partment advised your board under date of May 5, 1924, that the source of water supply used at the house in question could not be considered a safe one from which to take water for drinking and other domestic purposes. The department also advised at some length regarding this development to the effect that so far as information was available to the department there were no means of preventing such developments and that the living conditions could probably only be improved by some arrangement whereby the water pipes could be extended to the district. The department recommended that temporary provisions be made for obtaining water from a tap at the nearest point to which the water supply of the city of Lynn had been extended.
The matter of the water supply in this district was next called to the attention of this department in 1929 as a result of a commu- nication received from His Excellency, the Governor. At that time various water supplies in this region were examined and as a re- sult the department advised the Governor on December 2, 1929. A copy of that communication is appended.
Replies also have been sent to the Board of Health of Swamp- scott dated October 17, 1930, relative to wells in this section on the premises of T. J. Carson and Michael Hardman; under date of Au- gust 12, 1931, relative to the conditions of Foster Pond; under date of August 11, 1931, concerning a deep tubular well near Windsor avenue; under date of February 20, 1932, regarding a well on the premises of Axel Johnson on Windsor avenue; under date of August 5, 1933, concerning a well on the premises occupied by Catherine Promise, Main street and as recently as October 21, 1933, regarding a well on the premises of Thomas R. Hanson, 55 Foster road.
The houses at this development are built largely on ledge and it is impracticable to obtain safe water from wells and dispose of sewage in the same area. If people are to continue to live at this development the objectionable conditions affecting the water supply will, in the opinion of the department, continue until a public water supply is provided.
Respectfully, Henry D. Chadwick, M.D. Commissioner of Public Health.
64
TOWN DOCUMENTS
[Dec. 31
At the town meeting of April 11, 1934, there was an article in the warrant to amend the present by-laws so that no permit shall be issued to erect a building in a location where water mains or sewers are not available, without the approval of the Building In- spector and the Board of Health.
This by-law was not approved by the Attorney General and we quote herewith his letter to the Town Clerk.
THE COMMONWEALTH OF MASSACHUSETTS Department of the Attorney General Boston, Mass. May 11, 1934.
Mr. Ralph D. Merritt
Town Clerk,
Swampscott, Mass.
Dear Sir:
I return herewith by-law adopted under article 14 of the warrant for a town meeting held on April 11, 1934, with the action of the At- torney General noted thereon.
This by-law is disapproved for the reason that it rests in the building inspector and the board of health untrammeled discretion with regard to the erection of buildings in locations where water mains or sewers are not available. Such delegation of power is un- lawful. See Commonwealth v. Maletsky, 203 Mass. 241.
Very truly yours, EDWARD T. SIMONEAU, Assistant Attorney General.
Enc.
It would thus seem that it is perfectly proper for one to build a house on the outskirts where public streets, water and sewers do not exist and that there are ample laws for one's protection as well as for that of the community.
Even though a joint building and plumbing permit cannot be issued, it seems advisable that one applying for a permit to build a house in a district where town water and sewers are not available and that the issuing of a plumbing permit is doubtful, that these conditions should be forcibly called to one's attention and followed by a letter placing the building inspector and town on record. After these precautions, if one still persists, he does so with full knowledge, and thereafter the matter rests with the Board of Health for such action as they deem advisable.
Assessed Values
The aggregate assessment of the three sections aforesaid as furnished us by the Board of Assesors is as follows:
SUMMARY-FOSTER DAM DISTRICT
Street
- No. of Houses
House Values
Buildings
Land Feet
Total Lots
Land Value
Total Value
Anoka
400
332,463
23
1,650
2,050
Appleton
54,123
8
400
400
Bulfinch road
509,200
1
1,000
1,000
Carson terrace
1 300
203,849
26
1,525
1,825
65
RECORDS OF TOWN CLERK
1934]
Connelly Ave.
1 1,200
50
146,465
11
350
1,600
Coolidge Rd.
1
3,500
90,915
13
1,500
5,000
Elwin Rd.
3 2,650
25
133,907
17
1,150
3,825
Fisher Ave.
9
4,225
400
315,149
21
2,450
7,075
Foster Rd.
5
4,400
250
401,467
62
2,750
7,400
Manson Ave.
100
1,003,305
18
2,500
2,600
Manson Rd.
1
900
339,860
15
1,150
2,050
Manson St.
1
1,500
50
75,414
7
475
2,025
Marion St.
33,802
12
400
400
Martin St.
72,783
7
350
350
Morton Hill Ave.
48,825
11
400
400
Nichols St.
14
6,350
325
572,603
44
3,700
10,375
Park Square
3
3,150
150
70,082
14
1,700
5,000
Pleasant View Av. 2
3,800
50
28,146
5
600
4,450
Rear Salem
Turnpike
477,500
1
700
700
Sampson Ave.
9
7,300
100
504,514
38
2,775
10,175
Stuart St.
5
2,600
150
136,835
15
875
3,625
Vaughan Place
3
2,600
75
86,008
11
650
3,325
Windsor Ave.
23
19,050
900
640,168
65
4,800
24,750
MacArthur Circle
68,324
7
500
500
82 63,925
2625
6,345,680
452
34,350
100,900
Average lot value, $80.00.
There are 85 male residents, more than 20 years of age, and as- sessed a poll tax, twelve of whom reside in the Park street section. A few of the houses are assessed as low as $75. The highest value for any house in the Griswold section is $2500; in the Park section $2000, and in the Western section $1500, except the one on Coolidge road near Western avenue, Lynn line, which is $3500.
School Department
The Superintendent of the Swampscott Schools reported on May 9, 1934, that there were 47 children attending school from this dis- trict divided as follows:
Elwin road
5
Fisher avenue
6
Foster road
5
Manson road
1
Nichols street
5
Park avenue
1
Sampson avenue
6
Stuart street
2
Windsor avenue
16
47
Tax Titles
The town treasurer on May 7, 1934, reported that there were 70 lots held by the town under tax titles and that on 58 of these lots the period of redemption had expired and were subject to foreclosure. The method of procedure as to tax titles is provided for under sections 87 and 52 of Chapter 60 of the General Laws.
Section 87: "A city or town may, by ordinance or by law, re- spectively, direct whether its collector shall exercise the power of sale or the power of taking to enforce the lien for taxes; and in de-
·
66
TOWN DOCUMENTS
[Dec. 31
fault of such ordinance or by-law the collector may exercise either power at his discretion; that the passage of any such ordinance or by-law shall not render invalid any proceedings then pending."
Section 52: "Cities and towns may make regulations for the possession, management and sale of such land and for the assign- ment of tax titles, not inconsistent with law or with the right of re- demption."
In the absence of any town by-laws Swampscott tax collectors have always exercised the power of taking alone, and consequently all tax titles are held by the town.
Taxes are assessed as of April first and due November first of the current year. The collector may proceed to collect any time after three months have elapsed since the commitment, but he must close his book of all commitments before October 1st of the subsequent year, or at least one year after the date of commitment.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.