USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1939 > Part 5
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'Attest:
MALCOLM F. MacLEAN, JR., Town Clerk.
On Friday, April 28, 1939 copies of the warrant for the Special Town Meeting on May 9 were mailed to the Town Meeting Members. 'Attest:
MALCOLM F. MacLEAN, JR., Town Clerk.
SPECIAL TOWN MEETING Tuesday, May 9, 1939
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.
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qualified to vote in elections and in town affairs to assemble in the Town Hall in said Swampscott on Tuesday, the ninth day of May, 1939 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 amend or add to the zoning by-laws by regulating and restricting the size and width of lots, and to pass by-laws containing such regulations and restric- tions.
Article 2. To see if the town will vote to amend or add to the zoning by-laws heretofore adopted by it, by passing the following, or any similar or other by-laws, regulating, limiting and restricting the area, size and frontage of lots:
LOT AREA REGULATIONS
Single Residence District.
1. In that portion of the single residence district, which is shown on the original official Zoning Map (before amendment) as District No. 3, except as hereinafter specified there shall be provid- ed for each dwelling house hereafter constructed a lot containing not less than 7500 square feet, and no dwelling house shall be erect- ed or placed on a lot containing less than 7500 square feet; but nothing contained in this section shall prevent the construction or placing of any building on any lot in said district containing a small- er area, provided such lot on the effective date hereof does not ad- join other land of the same owner available for use in connection with said lot.
2. Every such lot of not less than 7500 square feet in area shall have a frontage of not less than 75 feet except that a lot less than 15,000 and more than 12,000 square feet may be divided into lots containing not less than 6000 square feet each and each having a frontage of not less than 60 feet; and if a lot contains more than 15,000 square feet, and if after division into as many 7500 square foot lots as practical there remains a lot of 6000 square feet or more, one dwelling may be erected on such remaining lot providing the same has a frontage of not less than 60 feet.
3. Frontage as required in the foregoing provisions of this section shall be determined as follows: In the case of a lot fronting on a street, the distance shall be measured along the street line from one side line of the lot to the other and the distance shall also be measured between said side lines along a line which marks the re- quired front setback of the dwelling on such lot, and the longer of said distances shall determine the frontage of such lot. In case of a lot not fronting on any street, the distance shall be measured from one side line of the lot to the other along the line designated as the front line of the lot on a plan which shall be filed in accord- ance with this by-law with the Building Inspector as part of an ap- plication for a building permit, and such distance shall determine the frontage of such lot.
4. No lot on which a dwelling house is situated, whether here- tofore or hereafter placed, shall be reduced in area, if such lot is smaller than is hereby prescribed, or if by such reduction it would be made smaller than is hereby prescribed, except in either case by taking by eminent domain or by a conveyance for a public pur- pose.
5. The Board of Appeals acting within the provisions of Gen- eral Laws, Chapter 40, Section 30 and amendments thereof or ad- ditions thereto may in specific cases make special exceptions to the terms of the foregoing provisions relative to lot area, in harmony with the general purpose and intent and in accordance with gener- al or specific rules therein contained, either upon written applica- tion by the owner of a parcel of land affected by said regulations, or upon appeal, by authorizing the Building Inspector to grant a
.
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1939]
permit for the erection or placing a dwelling house upon any lot containing less area than is hereby prescribed, subject to such lim- itation of time and other conditions as it may impose, when, after a public hearing, of which due notice shall be given, the Board shall find that:
a. adjoining areas have previously been generally developed by the construction of houses on lots generally smaller than is pre- scribed by this section and the standard of the neighborhood so es- tablished does not reasonably require a subdivision of the applicant's land into lots as large as is hereby prescribed;
b. lots as large as is hereby prescribed would not be readily saleable or economically or advantageously used for building pur- poses because of the proximity of the land to through ways bear- ing heavy traffic or to a railroad or because of other physical con- ditions or characteristics affecting it but not affecting generally the zoning district in which the land lies.
c. such special exception may be made without substantial detriment to the public welfare and without substantial derogation from the purpose and intent of his by-law.
General Residence District.
1. For the purpose of lot area regulation District No. 2 of the General Residence District, as shown and set forth on the official Zoning Map of the Town, shall be subdivided into District No. 2-A and District No. 2-B.
2. District No. 2-A shall comprise that portion of Residential District No. 2 which is herewith set out on the Zoning Map of the Town as District No. 2-A and indicated by appropriate lines and coloring.
3. The lot area regulations above set forth as applied to Res- idence District No. 3 shall be the lot area regulations for District No. 2-A and hereafter shall apply and be in force in said district.
ENFORCEMENT
1. The Inspector of Buildings shall withhold a permit for the construction or alteration of any building or structure if the build- ing or structure as constructed or altered would be in violation of any zoning by-law of the town or amendment thereof.
2. If the Inspector of Buildings finds or has reason to believe that any provision of this by-law or any permit or decree thereun- der has been, is being, or is likely to be violated he shall notify the owner or occupant of the premises, or their respective agents, there- of; and if said violation continues, and in his judgment is likely to continue, he shall forthwith revoke any permit issued by him up- on which said premises are being occupied or any building thereon constructed or altered; and may make complaint to the Superior Court or any court of competent jurisdiction for such injunction, order or decree as the law provides to restrain or prevent said viola- tion, or such construction, alteration or use and shall take such other action as may be necessary to enforce the provisions of this by- law.
3. Whoever violates any provision of this by-law shall be li- able to a fine of not more than Twenty Dollars for each violation. Article 3. To see if the town will vote to accept the widening of Humphrey street on the easterly line thereof from a point ap- proximatelv 37.35 feet distant from the southerly line of Palmer av- enue to the junction of Humphrey street and Atlantic avenue, as laid out by the Board of Selectmen, and shown on a plan drawn by W. W. Pratt, Town Engineer, dated March, 1939, duly approved, and recorded with the Town Clerk; and to appropriate money therefor.
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'Article 4. To see if the town will authorize the Board of Se- lectmen to take by eminent domain, acquire by purchase, either or both, for the purposes of a public way, the land, or any easement in and over the same, shown on plan drawn by W. W. Pratt, Town Engineer, dated March, 1939, entitled Plan of Humphrey Street Wid- ening, filed with the Town Clerk, bounded and described substan- tially and approximately as follows, and appropriate money there- for:
Beginning at a point on the Easterly line of Humphrey street, said point being 37.35 feet distance from the Southerly line of Pal- mer avenue; thence curving to the left with a radius of 608.55 feet for a distance of 237.91 feet by land of James F. and Edna A. Ry- an and Gertrude C. MacFarland; thence South 2-34-50 West for a dis- tance of 221.31 feet by land of Gertrude C. MacFarland, Frederick R. and Anna C. Bogardus; thence South 0-44-0 West for a distance of 216.78 feet by land of Frederick R. and Anna C. Bogardus, Eliz- abeth C. Sprague and Fred L. and Gladys J. Mower; thence curv- ing to the left with a radius of 1095.48 feet for a distance of 104.95 feet by land of Fred L. and Gladys J. Mower, Barbara B. Leonard and Salem Savings Bank, thence South 4-46-0 East for a distance of 101.92 feet by land of Salem Savings Bank; thence South 7-46-0 feet for a distance of 79.19 feet by land of Salem Savings Bank; thence curving to the left with a radius of 34.39 feet for a distance of 77.31 feet by land of Salem Savings Bank to the intersection of the Westerly line of Atlantic avenue; thence curving to the right with a radius of 40.50 feet for a distance of 92.34 feet by land of Salem Savings Bank; thence North 5-55-00 West for a distance of 78.51 feet by land of Salem Savings Bank; thence North 4-56-40 West for a distance of 169.96 feet by land of Salem Savings Bank and Barbara B. Leonard; thence North 0-43-20 East for a distance of 250.62 feet by land of Barbara B. Leonard, Fred L. and Gladys J. Mower, Elizabeth C. Sprague and Frederick R. and Anna C. Bo- gardus; thence curving to the right with a radius of 1569.47 feet for a distance of 189.77 feet by land of Frederick R. and Anna C. Bogardus and Gertrude C. MacFarland; thence North 7-39-0. East for a distance of 116.47 feet by land of Gertrude C. MacFarland; thence curving to the right with a radius of 410.10 feet for a dis- tance of 124.05 feet by land of Gertrude C. MacFarland and James F. and Edna A. Ryan; thence North 24-58-50 East for a distance of 29.15 feet by land of James F. and Edna A. Ryan to the point of beginning. The above described parcel of land contains about 7,320 square feet.
Article 5. To see if the town will vote in accordance to Gen- eral Laws, Chapter 147, Section 13A, to incease the number of Re- serve Officers of the Swampscott Police Department from Three (3) to Five (5) as authorized by the Civil Service. With no addi- tional cost to the town as petitioned for by Edward P. Carroll et al.
Article 6. To see if the town will vote to authorize the trans- fer of Eight Hundred Dollars ($800.00) from Neighborhood Drain Account to Tid Street Account.
Article 7. To appropriate and raise by borrowing or otherwise under any general or special law which authorizes the town to raise money by borrowing or otherwise, such sum or sums of money as may be necessary for any or all of the purposes mentioned in the foregoing articles.
And you are directed to serve this warrant by posting an at- tested copy thereof at the Town Hall, Post Office and in at least two public and conspicuous places in each precinct in the town and at or in the immediate vicinity of each railroad station in the town not less than seven days before the day appointed for said meeting.
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1939]
Hereof fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk at the time and place of meeting aforesaid.
Given under our hands this twentieth day of April, 'A.D., 1939. ROBERT G. BYRNE, JAMES W. BUCHANAN,
PHILIP E. BESSOM,
Selectmen of Swampscott.
A true copy. Attest: WAYNE ANDERSON, Constable.
RETURN ON THE WARRANT
Pursuant to the within warrant to me directed, I have notified the legal voters of Swampscott, by posting attested copies of said warrant at the Town Hall, Post Offices, at least two public and conspicuous places in each precinct in the town, and at or in the immediate vicinity of each railroad station in Swampscott on Fri- day, April 28, 1939, the posting of said notices being seven days before the time of said meeting.
WAYNE ANDERSON, Constable.
SPECIAL TOWN MEETING Tuesday, May 9, 1939
In accordance with the warrant the town meeting members as- sembled at the Town Hall, and were called to order by the Modera- tor, John R. Hurlburt, at 8.00 P.M., the necessary quorum being present (98).
The warrant with the return thereon was read 'by Malcolm F. MacLean, Jr., Town Clerk.
The report of the Finance Committee was read by James W. Santry, Chairman.
Article 1. The Planning Board recommended that action on Article 1 be adopted.
Voted: Article 1. That the town amend or add to the zoning by-laws by regulating and restricting the size and width of lots, and to pass by-laws containing such regulations and restrictions. Unani- mous.
The reading of Article 2 was waived.
Article 2. The Planning Board submitted the following report:
On Monday evening, May 1, 1939, the Planning Board, after due notice given, held a public hearing in the Town Hall on Articles 1 and 2 of the Special Town Meeting for May 9, 1939. These articles proposed certain amendments and additions to the zoning by-laws and were drafted by the By-law Committee in accordance with the authority given to them by the Town Meeting. These amendments and additions to the zoning by-laws, as proposed, set up certain regu- lations, limitations and restrictions on the area, size and frontage of lots in that portion of the single residence district which is shown on the original Zoning Map of the Town (before amendment) as District No. 3 and also in District 2A which is a division of District 2 as appearing on the Zoning Map,
The proposed amendment was supported by three residents of the town who are owners of considerable undeveloped property in the areas to be affected. No one appeared in opposition to the amendments.
After a consideration of the merits of the by-law proposed by the Zoning By-law Committee and after a study of the Zoning By- laws of other towns in Massachusetts which are similar in size and
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development to Swampscott and which have by-laws which restrict the area and frontage of building lots in their residence districts, the Planning Board recommends to the Town Meeting that it accept the proposed amendment to tle Zoning By-laws.
Voted: Article 2. To accept the report of the Planning Board and adopt their recommendations, and amend the Zoning By-laws heretofore adopted by the town, by passing the following By-laws:
LOT AREA REGULATIONS
Single Residence District.
1. In that portion of the single residence district, which is shown on the original official Zoning Map (before amendment) as District No. 3, except as hereinafter specified there shall be provided for each dwelling house hereafter constructed a lot containing not less than 7500 square feet, and no dwelling house shall be erected or placed on a lot containing less than 7500 square feet; but nothing contained in this section shall prevent the construction or placing of any building on any lot in said district containing a smaller area, provided such lot on the effective date hereof does not adjoin other land of the same owner available for use in connection with said lot.
2. Every such lot of not less than 7500 square feet in area shall have a frontage of not less than 75 feet except that a lot less than 15,000 and more than 12,000 square feet may be divided into lots containing not less than 6000 square feet each and each having a frontage of not less than 60 feet; and if a lot contains more than 15,000 square feet, and if after division into as many 7500 square foot lots as practical there remains a lot of 6000 feet or more, one dwelling may be erected on such remaining lot providing the same has a frontage of not less than 60 feet.
3. Frontage as required in the foregoing provisions of this section shall be determined as follows: In the case of a lot fronting on a street, the distance shall be measured along the street line from one side line of the lot to the other and the distance shall also be measured between said side lines along a line which marks the required front setback of the dwelling on such lot, and the longer of said distances shall determine the frontage of such lot. In case of a lot not fronting on any street, the distance shall be measured from one side line of the lot to the other along the line designated as the front line of the lot on a plan which shall be filed in accor- dance with this by-law with the Building Inspector as part of an application for a building permit, and such distance shall determine the frontage of such lot.
4. No lot on which a dwelling house is situated, whether here- tofore or hereafter placed, shall be reduced in area, if such lot is smaller than is hereby prescribed, or if by such reduction it would be made smaller than is hereby prescribed, except in either case by taking by eminent domain or by a conveyance for a public purpose.
5. The Board of Appeals acting within the provisions of Gen- eral Laws, Chapter 40, Section 30 and amendments thereof or addi- tions thereto may in specific cases make special exceptions to the terms of the foregoing provisions relative to lot area, in harmony with the general purpose and intent and in accordance with general or specific rules therein contained, either upon written application by the owner of a parcel of land affected by said regulations, or up- on appeal, by authorizing the Building Inspector to grant a permit for the erection or placing of a dwelling house upon any lot con- taining less area than is hereby prescribed, subject to such limita- tion of time and other conditions as it may impose, when, after a public hearing, of which due notice shall be given the Board shall find that:
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a. adjoining areas have previously been generally developed by the construction of houses on lots generally smaller than is pre- scribed by this section and the standard of the neighborhood so established does not reasonably require a subdivision of the appli- cant's land into lots as large as is hereby prescribed;
b. lots as large as is hereby prescribed would not be readily saleable or economically or advantageously used for building pur- poses because of the proximity of the land to through ways bearing heavy traffic or to a railroad or because of other physical conditions or characteristics affecting it but not affecting generally the zcning district in which the land lies.
c. such special exception may be made without substantial detriment to the public welfare and without substantial derogation from the purpose and intent of this by-law.
General Residence District.
1. For the purpose of lot area regulation District No. 2 of the General Residence District, as shown and set forth on the of- ficial Zoning Map of the town, shall be subdivided into District No. 2-A and District No. 2-B.
2. District No. 2-A shall comprise that portion of Residential District No. 2 which is herewith set out on the Zoning Map of the town as District No. 2-A and indicated by appropriate lines and coloring.
3. The lot area regulations above set forth as applied to Resi- dence District No. 3 shall be the lot area regulations for District No. 2-A and hereafter shall apply and be in force in said district.
ENFORCEMENT
1. The Inspector of Buildings shall withhold a permit for the construction or alteration of any building or structure if the build- ing or structure as constructed or altered would be in violation of any zoning by-law of the town or amendment thereof.
2. If the Inspector of Buildings finds or has reason to believe that any provision of this by-law or any permit or decree there- under has been, is being, or is likely to be violated he shall notify the owner or occupant of the premises, or their respective agents, thereof; and if said violation continues, and in his judgment is like- ly to continue, he shall forthwith revoke any permit issued by him upon which said premises are being occupied or any building thereon constructed or altered; and may make complaint to the Superior Court or any court of competent jurisdiction for such injunction, order or decree as the law provides to restrain or prevent said viola- tion, or such construction, alteration or use and shall take such other action as may be necessary to enforce the provisions of this by-law. 3. Whoever violates any provisions of this by-law shall be liable to a fine of not more than twenty dollars for each violation.
96 votes cast, 90 for and 6 against. Two-thirds vote and carried. The reading of Article 3 was waived.
Voted: Article 3. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the town vote to accept the widening of Humphrey street on the easterly line thereof from a point approximately 37.35 feet distant from the southerly line of Palmer avenue to the junction of Humphrey street and Atlantic avenue, as laid out by the Board of Selectmen, and shown on a plan drawn by W. W. Pratt, Town En- gineer, dated March 1939, duly approved, and recorded with the Town Clerk.
Unanimous.
The reading of Article 4 was waived.
Voted: Article 4. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
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That the Board of Selectmen, in behalf of the Town of Swamp- scott, be and hereby are authorized to take by eminent domain, for the purposes of a public way, a fee in the following described land shown on plan drawn by W. W. Pratt, Town Engineer, dated March 1939, entitled "Plan of Humphrey Street Widening," filed with the Town Clerk, and that the sum of $3500 be appropriated therefor.
Beginning at a point on the Easterly line of Humphrey street, said point being 37.35 feet distance from the Southerly line of Palmer avenue; thence curving to the left with a radius of 608.55 feet for a distance of 237.91 feet by land of James F. and Edna A. Ryan and Gertrude C. MarFarland; thence South 2-34-50 West for a distance of 221.31 feet by land of Gertrude C. MacFarland, Fred- erick R. and Anna C. Bogardus; thence South 0-44-0 West for a distance of 216.78 feet by land of Frederick A. and Anna C. Bo- gardus, Elizabeth C. Sprague and Fred L. and Gladys J. Mower; thence curving to the left with a radius of 1095.48 feet for a distance of 104.95 feet by land of Fred L. and Gladys J. Mower, Barbara B. Leonard and Salem Savings Bank, thence South 4-46-0 East for a distance of 101.92 feet by land of Salem Savings Bank; thence South 7-46-0 feet for a distance of 79.19 feet by land of Salem Savings Bank; thence curving to the left with a radius of 34.39 feet for a distance of 77.31 feet by land of Salem Savings Bank to the inter- section of the Westerly line of Atlantic avenue; thence curving to the right with a radius of 40.50 feet for a distance of 92.34 feet by land of Salem Savings Bank; thence North 5-55-00 West for a dis- tance of 78.51 feet by land of Salem Savings Bank; thence North 4-56-40 West for a distance of 169.96 feet by land of Salem Sav- ings Bank and Barbara B. Leonard; thence North 0-43-20 East for a distance of 250.62 feet by land of Barbara B. Leonard, Fred L. and Gladys J. Mower, Elizabeth C. Sprague and Frederick R. and Anna C. Bogardus; thence curving to the right with a radius of 1569.47 feet for a distance of 189.77 feet by land of Frederick R. and Anna C. Bogardus and Gertrude C. MacFarland; thence North 7-39-0 East for a distance of 116.47 feet by land of Gertrude C. Mac- Farland; thence curving to the right with a radius of 410.10 feet for a distance of 124.05 feet by land of Gertrude C. MacFarland and James F. and Edna A. Ryan; thence North 24-58-50 East for a distance of 29.15 feet by land of James F. and Edna A. Ryan to the point of beginning. The above described parcel of land contains about 7,320 square feet.
96 votes cast. Unanimous.
Article 5. Motion to accept Article 5 was LOST.
Voted: Article 6. To accept the report of the Finance Com- mtitee and adopt their recommendations as follows:
That the town transfer eight hundred dollars ($800) from the Neighborhood Drain Account to the Tid Street Account.
Voted: Article 7. That action on this article be indefinitely postponed.
Adjourned at 8.15 P.M.
Attest:
MALCOLM F. MACLEAN, JR., Town Clerk.
May 22, 1939
On the above date notice was received of the approval of the Attorney General of the by-laws adopted by the town of Swamp- scott under Articles 1 and 2 relative to Lot Area Regulations adopted May 9, 1939.
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1939]
In accordance with the provisions of Section 32 of Chapter 40 the by-laws adopted by the Town of Swampscott under Articles 1 and 2 were published in the Lynn Item June 21, 22 and 23, 1939. Attest:
MALCOLM F. MacLEAN, JR., Town Clerk.
May 23, 1939
On the above date notice was received from the Moderator of the appointment of George W. Howe, 44 Beach Bluff avenue, as a member of the By-law Committee, to take the place of Mr. Harry E. Whitten who has resigned. Attest:
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