USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1937 > Part 5
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Voted: Article 43. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 44. To accept the report of the Finance Com. mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 45. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 46. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 47. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the sum of $4,800. be appropriated to resurface a piece of road approximately 900 feet long, Farragut road from Ellis road to Paradise road, using bituminous macadam, and that the Board of Selectmen be authorized to incorporate in the contract for the work, that all excavations shall be removed by the contractor to Phillips Park to be used for fill-in purposes and deposited as directed by the Park Commissioners.
Voted: Article 48. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 49. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 50. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the sum of $700.00 be appropriated for material for the laying of 600 feet of surface water drain with the necessary catch basins on Ocean avenue, the same to be raised by notes or bonds of the town, to be voted upon under Article 75, said work to be done by the Highway Department.
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RECORDS OF TOWN CLERK
1937]
Voted: Article 51. To accept the report of the Finance Com- mittee and adopt their recommendations as amended viz .:
That after easements are obtained which are satisfactory to the Water and Sewerage Board, that the sum of $3,400 be appropriated for the laying of a sewer in Lincoln circle, a distance of approxi- mately 1035 feet, the same to be raised by notes or bonds of the town to be voted upon under Article 75, of the present warrant.
Voted: Article 52. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the sum of $2,000. be transferred from the Water Available Surplus to the account of Water Construction for the purpose of laying a water main in Lincoln circle a distance of approximately 880 feet. Waivers are to be first obtained from the owner as well as guarantee of payment of interest until the water rate shall equal same. Said arrangements to meet the satisfaction of the Water and Sewerage Board.
Voted: Article 53. To accept the report of the Finance Com- mittee and adopt their recommendations as amended, viz .:
That the sum of $175.00 be appropriated to lay a drain, with necessary catch basins from 395 Essex street northerly, for a dis- tance of about 150 feet.
Voted: Article 54. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the sum of $26,000. be transferred from the Water Avail- able Surplus to the account of Water Construction for the purpose of laying a water main from the stand pipe on State road to Salem street a distance of approximately 4300 feet as recommended by the Water and Sewerage Board.
Voted: Article 55. To accept the report of the Finance Com- mittee and adopt their recommendations as amended, viz .:
That the sum of $2,600. be appropriated to extend the sewer in Atlantic avenue, a distance of approximately 625 feet the same to be raised by notes or bonds of the town to be voted upon under Article 75 of the present warrant.
Voted: Article 56. To accept the report of the Finance Com- mittee and adopt their recommendations as amended, viz .:
That the sum of $11,000. be appropriated for materials to con- tinue the project Hawthorne Brook Culvert by extending it to Hum- phrey street, the same to be raised by notes or bonds of the town to be voted upon under Article 75 of the present warrant.
Voted: Article 57. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 58. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That after waivers are first obtained from the owner as well as a guarantee of the payment of interest until rates shall equal same, that the sum of $2,000. be transferred from the Water Available Surplus to the account of Water Construction for the purpose of laying about 500 feet of water main in Catalpa circle, said arrange- ment to meet the satisfaction of the Water and Sewerage Board.
Voted: Article 59. To accept the report of the Finance Com- mittee and adopt their recommendations as amended, viz .:
That the sum of twenty-three hundred dollars ($2,300.) be ap- propriated to lay 430 feet of sewer on Catalpa circle, work to be done when Section 8 of Chapter 7 of the town by-laws has been fully complied with, said sum to be raised by notes or bonds of the town, to be voted under Article 75 of the warrant.
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TOWN DOCUMENTS
[Dec. 31
Motion to accept and adopt the recommendations of the Finance Committee under Article 60 was Lost.
Voted: Article 60. That Article 60 be laid on the table.
Voted: Article 61. That the Board of Selectmen shall have the power to make such reasonable rules and regulations as they may deem advisable from time to time, governing the conduct and ap- parel of persons using the beaches within the town coming within the jurisdiction of said Board, as recommended by the Planning Board.
Voted: Article 62. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the sum of $400. be appropriated for the services of a full time special uniformed police officer during the bathing season to patrol the public part of Fisherman's Beach.
Voted that Articles 63 and 64 be considered together.
Voted: Articles 63 and 64. That Articles 63 and 64 be laid on the table.
Voted: Article 65. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the sum of $4,800. be appropriated to install new toilets at the Clarke School, as recommended by the School Committee.
Voted: Article 66. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 67. That action on this article be indefinitely postponed.
Voted: Article 68. To accept the report of the Planning Board and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 69. To accept the report of the Planning Board and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 70. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 71. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 72. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the sum of $175.00 be appropriated to remove the ledge at the northerly side of Millett road.
Voted: Article 73. That action on this article be indefinitely postponed.
Voted: Article 74. That the town accept and adopt the follow- ing by-law for the purpose of regulating billboards or other outdoor advertising devices: (Unanimous.)
Article 74. To see if the town will vote to adopt the following by-law or some modification thereof for the purpose of regulating billboards or other outdoor advertising devices:
Section 1. Authorization. In conformity with the General Laws and lawful state regulations for the proper control and restriction of outdoor advertising devices, and without relaxing any restric- tions on said devices imposed by such regulations, said devices in the town of Swampscott are hereby further restricted as pro- vided in the following sections:
-
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RECORDS OF TOWN CLERK
1937]
Section 2. Exemptions. This by-law shall apply exclusively to out- door advertising within public view of any highway, public park or reservation. It shall not apply to signs or other devices con- trolled under the provisions of Section 1, 2 or 8 of Chapter 85, General Laws, or to signs or other devices on or in the rolling stock, stations, subways or structures of or used by common carriers, except advertising devices on bridges or viaducts or abutments thereof; and, except for lawful restrictions as to size and location, it shall not apply to signs or other devices which advertise or indicate either the person occupying the premises in question or the business transacted thereon or adver- tise the property itself or any part thereof as for sale or to let and which contain no other advertising matter. It also shall not apply to any advertising device legally permitted and main- tained on the date of the taking effect of this by-law, until one year after the first day of July next following said date.
Section 3. Definitions:
"Advertising devices" shall mean billboards, painted bulletins, poster panels, signs, placards and other outdoor units designed to call public attention to the matter displayed thereon.
"Advertising sign" or "sign" shall mean any outdoor advertis- ing device.
"Sign-board" shall mean any structure designed for displaying an outdoor advertisement.
"Highway" shall mean any public way.
"Public Park" shall mean a piece of public land of at least five thousand square feet set apart for beauty and public enjoyment. "Public reservation" shall mean a piece of public land set apart for recreational use, as a state or municipal forest, as a pro- tection to a public water supply, as a memorial, or cemetery, or as a place of unusual scenic or historical interest.
"Permitted" shall mean authorized by an official permit.
"Display" shall mean to make or maintain visible from any highway, public park or reservation.
"Area" of a sign or signboard shall mean the area of the face view of the entire device, including all attachments except sup- ports and lattice at the base thereof.
"Residential District" shall mean any area zoned as residential. "Non-conforming business" shall mean a business located in a residential or rural district, other than such rural business as farming or the raising and sale on the same premises of farm, garden or orchard products.
"Lawful sign" shall mean any outdoor advertising device not prohibited by any provision of law or by any lawful regulation. "Accessory sign" shall mean any outdoor advertising device which carries only advertisements strictly incidental and subor- dinate to a lawful use of the premises on which it is located, in- cluding signs indicating business transacted or goods sold or produced on the premises or an occupant thereof, but not includ- ing any sign sold or rented to an outside party.
"Sign on a wall" shall mean a sign closely attached throughout to and facing with that wall, or in a window or door therein.
"Lot" shall mean a plot of ground containing and devoted to the purposes of a building, or laid out to contain a building, with all required open spaces; or a larger tract of unbuilt, undivided land under one ownership.
Section 4. General Restrictions. No person, firm, association or cor- poration shall be permitted or allowed to erect, display or main- tain any billboard or other outdoor advertising device, not ex-
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TOWN DOCUMENTS
[Dec. 31
empted by Section 2 hereof, except those specified in paragraphs (a) (b) (c) (d) (e) of this section.
(a) In districts not of a residential or rural character, any lawful sign on or attached to a wall of a building or any lawful ground or roof sign or signboard no part of which extends over fifteen feet above the ground or roof on which it stands.
(b) In a residential or rural district, any lawful accessory sign or signs not exceeding five square feet in aggregate area on any one building or lot; or any lawful sign or signs ad- vertising only the sale or rental of the premises, not ex- ceeding a total area of ten square feet; or, on the premises of any public building, or of any farm, garden, tree-nursery or forest, any lawful accessory signs not exceeding all to- gether fifteen square feet in area within the limits of said premises; or any lawful accessory signs on the front wall of any building occupied by a non-conforming business.
(c) Any lawful sign not exceeding thirty-two square feet in area displayed by the town, or any sign displayed by the United States, the state or the county, relative to govern- ment business. 1
(d) At any boundary line of the town a lawful sign not exceed- ing five square feet in area indicating the meetings of any civic organizations located therein.
(e) On property owned or principally occupied by a religious, civic or charitable organization, association of war veterans or the like, any lawful accessory sign displayed by written permission of the Selectmen and approval of the inspector of buildings if any, for a limited period not exceeding sixty days.
Section 5 .. Set-backs. No advertising sign or signboard shall be per- mitted or allowed to be so located as to obstruct a view between any points on connecting streets within fifty feet of a corner of the rights of way or to obstruct any door, window or fire escape on a building; or, if on a roof, to be set nearer than one-half its height to the wall thereof on a street front; or, in a residential district, to extend more than six inches nearer to any boundary of the lot or premises on which it is located than it would be lawful to maintain a building, except as provided in paragraph (d) of Section 4.
Section 6. Prohibitions. Except signs exempted under Section 2, no person, firm, association or corporation shall be permitted oc allowed to erect, display or maintain any billboard or other out- door advertising device in any district.
(a) Except the owner or a tenant occupant of the premises where it is located, or a party holding written permission from either to display the device for a limited period, which party's name shall be conspicuously displayed thereon;
(b) Upon any rock, tree, fence or pole;
(c) Within one hundred feet of any church, public building, monument or memorial, or within three hundred feet of any public park, playground, or public reservation, if within view from any portion thereof; except that this paragraph shall not apply to accessory signs on the walls of buildings;
(d) If it contains any obscene, indecent or immoral matter;
(e) Unless all parts and attachments and the ground about the base thereof are kept in neat and safe condition.
Section 7. Administration. No advertising device for which a permit from any state authority is required shall be erected, displayed
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RECORDS OF TOWN CLERK
1937]
or maintained in the town until five days after a permit thereof or a true copy thereof, has been filed with the Town Clerk. Whenever notice of an application for such a permit is received by the Town Clerk, he shall immediately transmit it to the In- spector of Buildings or other officer, if any, charged with the administration of this by-law. Such officer, or in the lack of such officer, the Town Clerk, shall thereupon make an examination of the case and, as promptly as possible, within thirty days of the receipt of the application by the Town Clerk, shall send written notice to the state authority to whom the application is ad- dressed, stating whether or not the proposed advertising device would violate any provision of this by-law, and, if so, what pro- vision. Like notice shall be sent also to the applicant and to the owner or tenant of the proposed location of the device.
At least twenty-five days before an outdoor advertising de- vice not requiring a permit from any state authority and not exempted under Section 2 shall be erected or displayed in the town, a description thereof and of its proposed location shall be filed with the Town Clerk, after which the procedure shall be the same as prescribed in the preceding paragraph in the case of an application for a state permit, except that notice whether or not the device would violate any provision of the law shall be sent, within twenty days after receipt of the description, only to the party filing the same and to the owner or tenant of the proposed location.
Section 8. Penalties and Enforcement. Whoever violates any provi- sions of sections 4, 5 or 6 hereof, shall be guilty of a misde- meanor and shall be punished by a fine of not more than one hundred dollars, and whoever after final conviction for such vio- lation unlawfully displays such outdoor advertising device for twenty days shall be punished by a fine of not more than five hundred dollars.
The Selectmen or any officer charged with the enforcement of this by-law shall cause any such violator to be prosecuted; and shall notify the state regulatory authority of Outdoor Ad- vertising of any and all violations of lawful state regulations.
Any town officer or any interested party may petition the Superior Court in equity to enjoin the erection or maintenance of any outdoor advertising device erected or maintained in violation of any provision of this by-law. Town officials shall have the same right and power to cause the removal of any outdoor advertising device as of any structure or building main- tained in violation of a by-law.
Section 9. If any provision of this by-law is declared unconstitu- tional or illegal by any court, the validity of the remaining pro- visions shall not be affected thereby.
Section 10. All regulations for outdoor advertising devices hereto- fore adopted by the town and in force at the time of the adoption of the foregoing sections are hereby repealed.
Voted: Article 75. To accept the report of the Finance Com- mittee and adopt their recommendations as amended, viz .:
That upon receiving proper approval from the Commissioner of Corporations and Taxation, there be transferred from the Excess and Deficiency fund of the Town to the account of current revenue to be used and applied by the Assessors in reduction of the tax levy, such sum as they may deem advisable; that the sum of $750.00 be appropriated to be used by the Planning Board for the preparation of plans and specifications for a Police Station and a municipal build- ing referred to in Articles 36 and 39; that for the purposes specified
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TOWN DOCUMENTS
[Dec. 31
in Articles 50, 51, 55, 56 and 59 relating to the appropriation of $20,000. for the laying of sewer and drains as specified therein, that $6,000. thereof be raised from the tax levy of the current year in accordance with the provisions of statute laws, and that the treas- urer with the approval of the Selectmen be authorized to borrow a sum not to exceed the remainder, viz, $14,000. and to issue bonds or notes of the town therefor; said bonds or notes to be signed by the treasurer and countersigned by a majority of the Selectmen, and shall be issued and payable in accordance with provisions of Chap- ter 44 of the General Laws and any acts in amendment thereof or in addition thereto, so that the whole loan shall be paid in not more than thirty years from the date of the issue of the first bond or note or at such earlier dates as the treasurer with the approval of the Selectmen may determine. Said bonds or notes shall be denomi- nated on the face thereof "Swampscott Sewer and Drain Loan 1937" and shall bear such rates of interest as may be fixed by the treasurer with the approval of the Selectmen. (Unanimous) 116 for, 0 against.
Voted to dissolve the town meeting.
Dissolved at 10.30 P.M.
Attest:
RALPH D. MERRITT, Town Clerk.
FINANCE COMMITTEE APPOINTMENTS
February 23, 1937.
Notice received on the above date of the appointment of Clar -. ence M. Finch, 22 Thomas road, Precinct 3; and Robert M. Leonard, 176 Aspen road, Precinct 5, to the Finance Committee for three years, said appointment being made by the Moderator.
Attest: RALPH D. MERRITT, Town Clerk.
RESIGNS FROM PLANNING BOARD
March 4, 1937.
Resignation of Thomas B. Epps from the Planning Board, re- ceived on the above date, same to take effect at once.
Attest: RALPH D. MERRITT, Town Clerk.
VACANCY FILLED
At a joint meeting of the Board of Selectmen, and Planning Board, Thomas Duncan was appointed a member of the Planning Board, to take the place of Thomas B. Epps, who resigned from said Board; said appointment being to February, 1938.
Attest: RALPH D. MERRITT, Town Clerk.
PRECINCT VACANCY
March 11, 1937.
In accordance with a petition filed with the Town Clerk, a Spec- ial meeting of the precinct members of Precinct 2 was held on the above date, to fill a vacancy for one year in said Precinct. John D. Healy, 30 Franklin avenue, was elected to serve for one year to fill the vacancy.
Attest:
FRANK B. DRUMMOND, Chairman, ALBERT E. DEVITT, Clerk. RALPH D. MERRITT, Town Clerk.
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RECORDS OF TOWN CLERK
1937]
REGULATING BILLBOARDS
Boston, Mass., March 19, 1937.
The by-law regulating billboards or other outdoor Advertising Devices is hereby approved except Section 4.
Section 7 beginning with the words "No advertising" and end- ing with "Town Clerk" in the first paragraph.
Section 8 beginning with the words, "Any town" and ending with "by-law" in the third paragraph.
PAUL A. DEVER, Attorney General.
SPECIAL TOWN MEETING, MONDAY, MARCH 29, 1937
Essex, ss.
To either of the Constables in the Town of Swampscott in said County, Greeting:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify the inhabitants of the Town of Swampscott, qualified to vote in elections and in town affairs, to assemble in the Town Hall in said Swampscott on Monday, the twenty-ninth day of March, 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 and equip a new police station, according to the plans of Thomas Byrd Epps, archi- tect, dated March 12, 1937, and appropriate money therefor.
Article 2. To see if the town will vote to authorize the Mod- erator to appoint a committee to employ an architect, enter into con- tract, and do all things necessary and incidental to the construction and equipment of such station and appropriate money therefor.
Article 3. To see if the town will vote to authorize the Board of Selectmen, or other agency, to apply to the proper Federal Au- thorities for a grant of Federal funds to be used in connection with the construction and equipment of a new Police Station.
Article 4. To see if the town will authorize the Board of Park Commissioners to hire two more men for Park Department work' and appropriate $2,340.00 therefor as recommended by the Park Com- missioners.
Article 5. To see if the town will authorize the Board of Park Commissioners to hire trucks for the removal of surplus material from the State Road Boston & Maine R. R. Underpass Project to Phillips Park and appropriate $500.00 therefor, as recommended by the Park Commissioners.
Article 6. To see if the town will vote to authorize the Board of Selectmen to execute a lease with the Joseph L. Stevens Post 1240, V. F. W. Building Association for a term of five (5) years from April 10, 1937, and appropriate money therefor or take any action relative thereto.
Article 7. To see if the town will vote to authorize the Board of Selectmen to sell and convey the lot of land owned by the town at the corner of Pine and Huron streets, Swampscott, on which was formerly located the building used by the Joseph L. Stevens Post 1240, Veterans of Foreign Wars, and further authorize the Board of Selectmen to execute, acknowledge and deliver a good and suffic- ient deed to said land for and in behalf of the town.
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TOWN DOCUMENTS
[Dec. 31
Article 8. To see if the town will vote to authorize the Board of Selectmen to tear down what remains of the building at the cor- ner of Pine and Huron streets which was formerly used by the Joseph L. Stevens Post 1240, V. F. W. and appropriate money there- for.
Article 9. To see if the town will authorize the Moth Superin- tendent to sell or dispose of an obsolete spraying machine, as re- commended by the Moth Superintendent.
Article 10. To see if the town will vote to build a locker build- ing to be used for storage of equipment and workshop for the Tree and Moth Departments and appropriate the sum of $4,000 therefor as recommended by the Tree Warden.
Article 11. To see if the town will vote to accept Fairview av- enue as a public way, as laid out by the Board of Selectmen, in ac- cordance with a plan dated March 12, 1937, made by W. W. Pratt, Town Engineer, and to appropriate money therefor.
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