USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1934 > Part 8
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Tax titles are then transferred to the town treasurer and are treated as assets in his report. At the end of two years from the taking of land for taxes, the town treasurer shall under section 50 foreclose all rights of redemption, making title absolute in the name of the town. During the above period anybody having a legal inter- est in a tax title may redeem the same, but after foreclosure no sale can be made except by vote of the town and as provided for under section 52.
So far as the question of tax titles is a part of this report we recommend that those held by the town treasurer and located in this district be foreclosed and not resold. We further recommend that matters relative to tax titles under section 87 and 52 be referred to the committee on by-laws.
Water Supply
There are three possible sources from which to supply water for this district. First, connection with Swampscott pipes at end of Bur- pee road. Second, obtaining water from Lynn. Third, development of the present artesian well.
At a previous town meeting articles appeared in the warrant dealing with Foster road and Windsor avenue and at a meeting of members from this district it was thought that if these two streets could be taken care of the major problem would be solved. These two streets have been approved by the Board of Survey and together measure 4500 feet. All streets in this Griswold section measure 15,000 feet.
These two streets are not built to grade as it appears on the Board of Survey plan and if water pipes were laid it would necessi- tate cutting and filling to bring the streets to sub-grade as all water pipes must be laid five feet below finished grade. The streets after the laying of the pipes would be in such condition that they would have to be rough graded and we have, therefore, had our Town Engineer prepare estimates of the work on these two streets hav- ing in mind leaving them at finished grade with a roadway 16 feet wide surfaced with gravel.
Estimate includes cost of water pipe, all labor and materials.
Foster Road
Water Burpee road to Elwin St. 2,000 ft. $10,000 per ft. $5.00
Elwin St. to Windsor Ave. 550 ft. 3,500 per ft. 6.37
Gravel McArthur Cir. to Elwin St. 1,250 ft. 4,300
per ft. 3.44
Elwin St. to Windsor Ave. 550 ft. 3,100
per ft. 5.63
$20,900
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RECORDS OF TOWN CLERK
1934]
The above is divided, as separate data was wanted on the por- tion of Foster road between Elwin street and Windsor avenue and further because the roadway between Burpee road and McArthur circle is in good condition. The average cost of gravel roadway with water pipe laid is about $11.00 per running foot. On Foster road be- tween Burpee road and Elwin street there are four houses with a combined assessment of $2400.00, and between Elwin street and Windsor avenue two houses with a combined assessment of $4500.00 which would be served if this water pipe was laid.
Windsor Avenue
Water Lynn line to Nichols St. 2500 ft. $15,500 per ft. $6.20
Gravel Griswold line to Nichols St. 2100 ft. 9,000 per ft. 3.60
$24,500
Between the Lynn line and the Griswold line there are five houses already connected with water furnished by the city of Lynn. Between the Griswold line and Foster road there are six houses with a combined assessment of $4600, and between Foster road and Ni- chols street twelve houses with a combined assessment of $7600.
On this basis 15,000 feet of roads on the Griswold section alone would cost about $165,000.
The most important part of this project seems to be all of Wind- sor avenue and that portion of Foster road between Elwin street and Windsor avenue which would cost $31,100.00, but water itself would not be available in these pipes unless this section could be immediately conected with the Lynn system. The Foster road section to connect the Windsor avenue section with the Swampscott system would cost $1,430.00, making a total expenditure of $45,400.00. With this work completed the house owners would then be obliged to as- sume cost of laying service pipes and the minimum meter rate per year.
Possible Supply from Lynn
Some few years ago the town of Saugus had a problem similar to ours, due to the Golden Hills development in the northwesterly part of the town near the Melrose line. We visited this development and consulted with the Saugus Board of Public Works. The streets themselves are in poor condition, in fact not as well graded as the streets in the Highlands, but the houses constructed seem to be gathered together near the Melrose line and not scattered as in the Highlands. The town of Saugus obtains its main water supply from the city of Lynn, but this Golden Hills section being so far removed the town of Saugus and the city of Melrose, under a special act of the Legislature, being chapter 304 of the Acts of 1926, made ar- rangements approved by the Metropolitan District Commission whereby Saugus was furnished with water from the Melrose sys- tem. The Melrose pipe lines were extended to the Saugus line, and the town of Saugus laid about two thousand feet of pipes into this section to supply the houses in this end of the development. The min- imum meter charge for water service is $15.00 which, if paid, takes care of the investment.
We have consulted with the Lynn Superintendent of Water and find that the Lynn pipes running through Harvest street and Wind- sor avenue to the Swampscott lines are not large enough to supply water for the Griswold section and that it would be necessary to lay a new 8" pipe for 600 feet through that portion of Windsor avenue in Lynn to the Swampscott line. The laying of this pipe with resurfacing of street would cost about $5000.
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TOWN DOCUMENTS
[Dec. 31
If a temporary satisfactory agreement could be made with Lynn to connect with their system at this point then the pipes in Windsor avenue, and Foster road between Elwin road and Windsor avenue could be laid at the estimated cost of $31,100 and it would not be necessary to build the connecting link in Foster road between Elwin road and Burpee road at the estimated cost of $14,300 until such time as houses on this street would warrant the investment at which time all pipes in this section would then be connected with the Swampscott system and service with Lynn discontinued. Swampscott would own and control all pipes in its territory and service water as in other parts of the town.
This is a possible solution dependent upon favorable action by the town of Swampscott and the City of Lynn. Lacking the author- ity, we have not consulted with the Lynn city government except as above reported to ascertain the facts.
Our by-laws are somewhat different from those of the town of Saugus and if provisions were made to lay water pipes in these un- graded streets, Chapter 6 Section 8 of the present town by-laws would have to be amended, the streets would have to be accepted and further it would be advisable to adopt section 25 of chapter 82 of the General Laws.
Sewers
As a system of sewers inevitably follows the laying of water pipes, even though a number of years may elapse, we have made a casual examination of the sewer problem which will eventually exist for this same district.
A sewer system, unlike a water system, depends upon gravity to collect sewage at the lowest point ready for disposal. The topog- raphy of the town is such that it naturally divides itself into three districts, the middle district, the eastern district and the northwest- ern district.
The middle district includes the town proper, the sewers in which are mostly completed, and the sewage runs by gravity to the pumping station where it is pumped out to sea. This district extends easterly to the divide where the eastern section begins, and slopes towards the low point where Beach Bluff avenue intersects Atlantic avenue below the Hotel Preston. No sewer could be laid in this dis- trict until an intercepting sewer had been laid from this low point back to the pumping station into which the street sewers could dis- charge. Over a period of years, spending about twenty thousand dollars a year, this work was carried on. It is now completed and the total cost was about ninety thousand dollars. With this inter- cepting sewer finished the main street sewers are gradually being laid in this district.
The northwestern section includes the Foster Dam district and lies beyond the divide which one sees looking north from Jackson Park. The land slopes generally towards Western avenue and Float- ing Bridge. To collect sewage at a low point in this district, which low point would be northwest of the dam at Foster's Pond, and de- liver it into pipes in the middle section leading to the pumping sta- tion would mean either another intercepting gravity sewer for this district, or a pumping station, or both. With this problem is also related the size of the pipes running down Burrill street to the Humphrey street intercepting sewer, and whether they are large enough to take care of this additional burden. This Foster Dam dis- trict did not seem to have been seriously considered when the town's sewer system was laid out.
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RECORDS OF TOWN CLERK
1934]
It is impossible, without an exhaustive engineering study, to estimate the exact cost of this work, but after consultation with our town engineer who has carefully examined the topography of this district, it would seem that an intercepting sewer would eventually have to be constructed from Burrill street through Essex street, across Jackson Park and then by some route to be subsequently de- termined to a point at the dam, being a distance of about five thou- sand feet and the estimated cost would be about ninety-two thousand dollars. To take care of the area below the dam a pumping station would have to be built and equipped to lift the sewage to this inter- cepting sewer, at an estimated cost of about fifteen thousand dol- lars. These amounts being for the main sewer itself would be paid for by the town and money raised by direct taxation.
With the means of collecting sewage disposed of, then the main street sewers could be laid in the various streets throughout this district as required, but not before. These street sewers, in accord- ance with present procedure and by-laws, are paid for one-half by the town and one-half by adjoining property owners.
Eminent Domain and Betterment Assessments
It has been suggested that Windsor avenue and Foster road could be taken by eminent domain and betterments assessed as pro- vided for under Chapter 80A of the General Laws. To proceed along these lines would lay the town liable for damages, even though no damages were awarded, and if the cost of the construction work amounted to $45,500 for 7695 feet frontage of streets the assessment per linear foot on account of improvements would be $5.90. As each lot has a frontage of about 50 feet the betterment tax would then be about $295.00 which would, in the last analysis, considering the present value of this property, amount to a confiscation of the land which would eventually be owned by the town on account of non- payment of the betterment tax and local taxes.
These proceedings are only to be made use of in connection with an undertaking for the benefit of the whole community and for which there is urgent need. We do not think that the problem in the Foster Dam district requires such drastic action.
Conclusions
Under the foregoing subjects your committee has reported upon all matters pertaining to this development and the facts would be pertinent to any similar development of real estate in town. It is evident that a person may purchase property on the outskirts of the town, build a house thereon and live therein subject to the by-laws of the town, of which there are ample, not only for his own pro- tection but for the protection of his fellow citizens. These facts were well covered and reported upon in the correspondence with the Honorable Frank G. Allen, former governor, and with the State Board of Public Health and were well known by all parties interested in this problem, which to your committee seems conclusive.
We do not find any condition which in our opinion would war- rant the setting aside of present town by-laws or procedure which represent a background of eighty years of town government, and under which the town has thus far progressed. We therefore do not at the present time recommend any direct appropriation of money to build roads or lay water pipes in the Foster Dam section, but are content to leave the matter in the hands of those officials who under the law have jurisdiction over these matters.
There is however, a matter which should be considered in con- nection with this particular problem and that is the policy now be- ing followed by the United States Government in regard to financ-
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TOWN DOCUMENTS
[Dec. 31.
ing in part the cost of certain public works. We have consulted with the E. R. A. officials in regard to what could be done towards constructing roads and laying water pipes in this district. Their general policy under the P. W. A. was an outright and absolute gift of 30% of the total expenditures incurred for the payment of labor and materials, and if desired, a loan for the balance, for which the government would accept 4% general obligation or revenue bond of the municipality as security. Thousands of municipalities through- out the nation applied for allotments under this policy, and erected many public buildings such as schools, hospitals, and courts, road improvements, road construction, water works systems, gas distri- bution systems, etc. Congress appropriated between two and three billions of dollars for this purpose and that, under the old P. W. A. is now allotted throughout the country.
The New England Water Works Association is an organization of engineers and superintendents of water works in the various mu- nicipalities throughout New England. Its purpose is to collect data and discuss current problems in connection with water works con- struction. The following neighbors of ours are represented in this association,-Rockport, Gloucester, Danvers, Salem, Peabody, Lynn and Marblehead.
This association naturally became interested and acquainted it- self with the various bills passed by Congress affecting muncipal- ities in regard to water works. On August 18th, 1933, they sent to the Board of Selectmen the following letter, and so far as we know no action has been taken.
August 18, 1933
G-N. E. W. W. A. Recovery Act Board of Selectmen
Gentlemen :-
It has been brought to our attention that the Foster Pond sec- tion of Swampscott is badly in need of water supply facilities. As you may know, the National Industrial Recovery Act (Title II) pro- vides a method of Federal financing of needed public works, by means of a grant (which would not have to be paid back) of 30 per cent. of the cost of labor and materials, and a loan for the balance of the cost. Our committee has been organized to further needed water works improvements in New England, as a part of the Nation-wide program to restore normal construction activity and to help put men back to work quickly. Should you desire more information as to the procedure necessary to take advantage of the Recovery Act, we would be glad to hear from you.
Very truly yours, N. E. W. W. A., Recovery Committee for Water Works Construction. By E. S. C., Chairman.
The present system operates under the E. R. A. and we under- stand that under this policy the Government pays all labor costs. Although the percentage and therefore the costs of labor on several projects would probably differ, we are informed that the average for labor could be fairly termed as 50% of the cost of the project, and often as high as 70%. In such a case the Government would be paying at least one half the cost, and sometimes nearly 70%.
This seems to us to be a very satisfactory and beneficial policy if it could be made available. There are two requisites to be ful- filled before the Government would consider giving assistance,- First, the need for employment, which is primary, and Second, the need of the project itself.
1934]
RECORDS OF TOWN CLERK
71 .
We have been assured that we could obtain assistance in this project, but the E. R. A. authorities will only deal officially with recognized officials of the municipality, and we therefore recommend that the Board of Selectmen be authorized and directed by this town meeting to confer directly with the E. R. A. officials and ascertain in writing what the Government will do on the Foster Dam situa- tion under two projects, the first project to lay water pipes and construct streets therein, the second project to extend water works by placing water mains in streets as now constructed, and further in regard to both projects to ascertain what the town would be re- quired to do legally and financially in each case, the Board of Se- lectmen to report on or before the next annual town meeting.
In our remarks regarding the Saugus situation we mentioned Section 25, Chapter 82 of the General Laws which is as follows:
"In a town which accepts the provisions of this section or has accepted corresponding provisions of earlier laws, the selectmen, road commissioners or sewer commissioners may, when a town way is laid out, relocated or altered, enter and lay sewers and water pipes therein before possession is taken for the purpose of construct- ing such way, in like manner as if it had been actually constructed. Such entry shall not be deemed an entry for the purpose of con- structing the way, and until such way has been constructed, sewer assessments shall be levied only upon the estates of persons con- necting their drains with such sewers. If such laying out, relo- cation or alteration becomes void under the provisions of section three of chapter seventy-nine, all sewers or water pipes so laid there- in shall be deemed to have been legally laid and placed therein; and damages may be recovered therefor under chapter seventy-nine; and the right to recover the same shall accrue when such laying out, alteration or widening becomes void. This section shall not apply to cities."
If this section were adopted by the town, it would remove the necessity of streets being subgraded under Section 8, Chapter VI of our present town by-laws and enable the Water Commissioners to lay water pipes in unconstructed streets but subject to their pres- ent rules and regulations. This chapter would have to be placed upon the ballot to be acted upon by all voters. We recommend its adoption and that the Selectmen be directed to place it upon the ballot for the annual town election in 1935.
Respectfully submitted,
(Signed) CLARENCE B. HUMPHREY, Chairman, LESTER B. MORLEY, Secretary, CHARLES H. CUNNINGHAM, HAROLD M. KING, WILLIAM H. McCARTY.
October 15, 1934.
Voted, Article 1. To accept the report of the committee on wa. ter supply for the Foster Dam district, and adopt their recommenda- tions, and the thanks of this town meeting be given the committee for their excellent report.
A motion to indefinitely postpone action on Article 2 was lost Yes 47; No 54.
Voted, Article 2. To adopt Article 2 as amended, viz: That three (3) as the number of members shall constitute the Reserve Po- lice Force, in accordance with the requirements of Chapter 147 Sec- tion 13A (Tercentenary Edition).
Voted, Article 3. To accept the report of the Finance Committee and adopt their recommendations as follows:
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TOWN DOCUMENTS
[Dec. 31
That $4,500 be transferred from the Excess and Deficiency to the Sewer Construction Account for the purpose of purchasing ma- terial and furnishing supervision for the Crosman Avenue Sewer. This sewer to be built under the supervision of the Water and Sewer- age Board and labor to be furnished by the E.R.A.
That $500 be transferred from the Excess and Deficiency to Se- lectmen Contingent Fund for E.R.A. for the purpose of purchasing material for the Elmwood Road Drain.
Article 4. This article has already been taken care of by trans- fer of necessary funds from the Reserve Fund.
Voted, Article 4. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted, Article 5. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That the following sums be transferred to the Board of Public Welfare Others: From the Overlay Reserve, $892.05; Hospital Am- bulance, $30.07; Fire; Fire Alarm System, $13.50; Fire Hose, $34.50; Hillcrest and Upland road sewer, $449.51; Bay View drain, $254.85; Highway truck, $46.64; Bradlee Avenue drain extension, $173.23; Park truck, $5.60; Memorial Day, .08; Unpaid bills, .08; making a total of $3,121.59.
Voted, Article 6. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That $2,500 be transferred from the Account of Cemetery Lots Fund to the Account of Cemetery Improvement to be expended un- der the direction of the Board of Selectmen.
Motion to indefinitely postpone action under Article 7 was lost. Voted, Article 7. Adoption of this article.
Article 8 being an article to amend the Zoning By-laws a hear- ing was declared. Edward Underwood and Mrs. Grace French ap- peared for the change in the By-law, James Mahoney and James W. Santry, Jr., against the change, after which the hearing was de- clared closed.
Report of the Planning Board
Complying with Chapter 269, Section 27 of the Acts of 1933 a public hearing on this article was held on October 10, 1934, after due notice was given in the Daily Evening Item, a newspaper published in and having a general circulation in the town of Swampscott.
This petition asks for the changing from residential to business area the two parcels of land owned by Grace S. French described in the warrant; the first for use as a right of way, and the second for use as a gasoline station.
A similar article for the rezoning of this property was before the town meeting of February 26, 1934, at which time the Planning Board, had no opportunity to hold a hearing and make recommen- dations, and the article was unanimously adopted by the Town Meet- ing members.
The action of this meeting was subsequently declared illegal, owing to the fact that the Planning Board was given no opportunity to hold a public hearing on this article, as required by law.
Another similar petition in reference to the rezoning of this property was again submitted at the Special Town Meeting of April 4, 1934. A public hearing was held by the Planning Board and rec- ommendation made to the Town Meeting. As this article called for the rezoning of the entire property and the petitioner only declared a use for a small portion of the property, leaving approximately 30,000 square feet of land that the petitioner wished rezoned for
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RECORDS OF TOWN CLERK
1934]
business, but declared no specific business for this portion of the property.
Although the board appreciated the fact that the petitioners were sincere in their request in asking for the rezoning of the entire property, there was a question in the minds of the members of the Planning Board as to what future use the balance of the property might be put, under the classification of business purposes.
While the members felt that a possible hardship was being placed upon the petitioner, the board felt that, in justice to the abutters, and the immediate property owners in this locality, it was duty-bound, owing to this uncertain use which could or might be made of the remainder of the property, to recommend to the town meeting members that action on this article be indefinitely post- postponed.
Said recommendation was adopted by the town meeting.
Another petition was received as described in Article 8 of the present warrant, requesting a public hearing on this rezoning of the portion of the French property described in this article.
The public hearing on the above was held on October 10, 1934, the petitioner being represented by Mr. Underwood and the opposi- tion by Mr. Mahoney. The board finds on the evidence and very thorough study of the locality, that this portion of Humphrey street consists mostly of property which is non-conforming.
The erection of this filling station and the consequent improve- ments to be made in the balance of the property will result in a substantial and definite benefit to all residents in this neighborhood. It is the duty of the Planning Board to improve and eliminate all blighted areas for the general welfare of the town. This particular piece of property is considered as such by this board and we feel that the adoption of this article will make possible the removal of at least one blighted area. We do not feel that the rezoning of these particular parcels of property will change materially the general character of the neighborhood nor will it tend in any way to deplete the value of the surrounding improved or unimproved property. This improvement will also react to increase the safety at this point, in as much as the ledge now in evidence on the front of the property is a menace to traffic by virtue of the obstruction to view caused to motorists either on Humphrey street or to those entering Humphrey street from Glen road or Cardillo terrace.
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