USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1949 > Part 5
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Voted: Article 41. 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 42. 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 43. To accept the report of the Finance Com- mittee, as amended, and adopt their recommendations as follows:
That the Town appropriatie the sum of $6,000.00 from the Excess and Deficency Fund for the purpose of this article.
Voted: Article 44. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town appropriate the sum of $1,200.00 for the pur- pose of this article.
Voted: Article 45. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town appropriate the sum of $1,000.00 for the pur- pose of this article.
Voted: Article 46. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town appropriate the sum of $200.00 for the purpose of this article.
Voted: Article 47. To accept the report of the Planning Board and adopt their recommendations as follows.
That the Town accept Bradlee Avenue from Phillips Avenue to Ocean Avenue as a public way as laid out by the Board of Selectmen
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TOWN DOCUMENTS
[Dec. 31,
in accordance with the plan drawn by Howard L. Hamill, Town En- gineer and approved by the Planning Board, provided waivers are obtained from all abutters.
Voted: Article 48. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town accept Cutting Road as a public way, as laid out by the Selectmen in accordance with plans drawn by Howard L. Hamill, Town Engineer, on condition that all the abutters sign the necessary waivers, and that the sum of $200.00 be appropriated for the purpose of this article. The Planning Board reported and said report was accepted.
Voted: Article 49. To accept the report of the Planning Board 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 Town accept Forest Avenue as a public way, for about 243 feet from the westerly boundary of the Whitney Estate, as laid out by the Selectmen in accordance with plans drawn by Howard L. Hamill, Town Engineer, on condition that all the abutters sign the necessary waivers, and that the sum of $250.00 be appropriated for the purpose of this article. The Planning Board reported and said report was accepted.
Voted: Article 51. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town accept Charles Road as a public way, as laid out by the Selectmen in accordance with plans drawn by Howard L. Hamill, Town Engineer, on condition that all the abutters sign the necessary waivers, and that the sum of $200.00 be appropriated for the purpose of this article. The Planning Board reported and said report was accepted.
Voted: Article 52. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town accept Shepard Avenue as a public way, as laid out by the Selectmen in accordance with plans drawn by Howard L. Hamill, Town Engineer, on condition that all the abutters sign the necessary waivers, and that the sum of $660.00 be appropriated for the purpose of this article. The Planning Board reported and said report was accepted.
Voted: Article 53. To accept the report of the Planning Board and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 54. To accept the report of the Planning Board and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: Article 55. To accept the report of the Planning Board and adopt their recommendations as follows.
That action on this article be postponed until the next Special Town Meeting, by which time the proponents expect to have accep- table plans.
Voted: Article 56. To accept the report of the Planning Board and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: To dispense with the reading of Article 57.
Voted: Article 57. To accept the report of the Planning Board, as amended, and adopt their recommendations as follows:
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RECORDS OF THE TOWN CLERK
1949]
That the Town amend the Zoning By-Law as follows:
(a) By striking out Article IV, section 3, sub-section 5 and sub- stituting therefor the following sub-section with the same number- ing: Article IV, Section 3, sub-section 5.
The requirements of the "Table of Height and area Regulations and the Front, Side and Rear Yard Regulations" referred to in Article IV, section 1, shall not apply to lots of less than the required area for the district in which they are located, provided such lots have been duly described by deed recorded with Registry of Deeds or have been shown on a plan recorded with the Registry of Deeds or assessed as separate parcels prior to the date of the passage of this by-law. Buildings on said lot shall conform to Article IV, sec- tion 4, subsections a and b of these by-laws and to Article III, section 3 of the Bulding By-Laws of the town.
(b) By striking out the word "twenty" as it appears in the next to the last sentence of Article VI, section 6, sub-section 2 of the Zoning By-laws and substituting therefor the word "ten" so that the said Article VI, section 6, sub-section 2, shall read as follows:
The Planning Board, upon the request in writing of not less than ten registered voters of the Town shall, or upon its own in- itiative may, hold a public hearing for the consideration of any pro- posed amendment, modification or repeal of this by-law and shall report to the Town Meeting its recommendations with respect to the action to be taken thereon. Notice of such hearing shall be given by an official publication or by publication in a newspaper of general circulation in the Town, the first publication to be not less than ten days before the date assigned for the hearing.
(c) By amending the "Official Zoning Map of the Town of Swampscott" dated March 1, 1948 by including the following des- cribed area in the residence A-1 district:
Beginning on Beach Lane two hundred feet back from the west- erly line of Puritan Road and running easterly parallel to Puritan Road and two hundred feet distance from the westerly line thereof to the center of Humphrey Street, thence northerly following the center line of Humphrey Street to the right of way of the Boston & Maine railroad at the Phillips Beach railroad station, thence north- easterly by said railroad right of way to the Marblehead line. All land lying between this boundary and the Atlantic Ocean is hereby included in the residence A-1 district with the exception of the property now shown as residence A-3 on the said zoning map, located between Atlantic Avenue and the ocean at or near the Marblehead line. Unanimous.
Voted: To dispense with the reading of Article 58.
Voted: Article 58. That the Town amend the Zoning By-Laws by inserting the words "theatre" and "moving picture house" in Sec- tion 4, sub-section 2, so as to read: "2. Retail store, personal service establishment, hotel, restaurant, theatre, moving picture house, re- freshment stand, bank, office, studio, or funeral home, provided per- mission is obtained from the Board of Appeals as provided in Article 6, Section 5." For 118, Against 8.
Voted: To dispense with the reading of Article 59.
Voted: Article 59. To accept the report of the Planning Board and adopt their recommendations as follows :
That the Town extend the "Business B-1" retail district to in- clude all of the premises bounded and described as follows:
Beginning at a point at the Northeasterly corner of Humphrey Street and Greenwood Avenue, Swampscott, thence running Easterly on said Humphrey Street to Cedar Hill Terrace thence turning and
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TOWN DOCUMENTS
[Dec. 31,
running Northerly on said Cedar Hill Terrace to land of Helen W. Jaques; thence turning and running Westerly on land of said Helen W. Jaques, land of Horace H. Phillips and Harry S. Phillips, Trus- tees, land of Eugene L. Mann and Cecile Mann, and land of Kenneth E. Post, and Marjorie Post to Bay View Terrace; thence, running Westerly again on said Bay View Terrace to Greenwood Avenue; thence turning and running Southerly in a curved line on said Greenwood Avenue to said Humphrey Street and the point of begin- ning.
And being the same premises delineated in red on the Zoning Map of the Town of Swampscott dated March 1, 1948. Unanimous.
Voted: Article 60. To accept the report of the Planning Board and adopt their recommendations as follows:
That the Town amend Chapter 7, Section 6 of the By-Laws entitled "Engineering Department" by adding the following sen- tence at the end of the first paragraph thereof: "The Town Engineer shall furnish the Surveyor of Highways with proper lines and grades whenever public ways or sidewalks are being constructed or re- paired and the Surveyor of Highways shall follow the lines and grades so furnished in the constructing and repairing said public ways and sidewalks." Unanimous.
Voted: Article 61. To accept the report of the Planning Board and adopt their recommendations as follows:
That action on this article be postponed to the next Special Town Meeting.
Voted: To dispense with the reading of Article 62.
Voted: Article 62. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That the Town amend chapter V, section 1, of the By-Laws by striking out the word $500 wherever the same appears in said sec- tion and substituting therefor $750 so as to read as follows:
Section 1. No contract for construction work or for the purchase of apparatus, supplies or materials whether for repairs or original construction, the estimated cost of which amounts to $750.00 or more, except in cases of special emergency involving the health or safety of the people or their property, shall be awarded unless pro- posals for the same have been invited by advertisements in at least one newspaper having a general circulation in the town once a week for at least two weeks, the last publication to be at least two days before the time specified for the opening of bids. Such advertise- ments shall state the time and place where plans and specifications of proposed work or supplies may be had and the time and place for opening the proposals in answer to said advertisements and shall reserve to the town the right to reject any and all proposals. All such proposals shall be opened in public. No bill or contract shall be split or divided for the purpose of evading any provision of this chapter. All such bids shall be accompanied by a certified check for an amount equal to not less than five per cent of the amount of the bid, but in no case less than the sum of one hundred dollars, which shall become the property to the town as liquidated damages on failure of the bidder to sign a contract within seven days after notice of the accep- tance of his bid, or other default. All bids shall be publicly opened in the presence of the body having the matter in charge, and the contract shall be awarded to the lowest responsible bidder, subject to the foregoing reservations. Upon the acceptance of the bid, the certified check accompanying the same shall be retained until a bond is filed as hereinafter provided, when it shall be returned to the respective bidder when the contract is awarded. Unanimous.
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RECORDS OF THE TOWN CLERK
1949]
Voted: Article 63. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town authorize the Board of Selectmen to establish a plan classifying any or all positions other than those filled by popu- lar election and those under the direction of the School Committee, into groups, and classes having substantially equal responsibilities and establish minimum and maximum salaries to be paid to employees in position so classified as provided for by General Laws Chapter 41, section 108-A by employing private expert consultants and that the sum of $1500.00 be appropriated for such counsel. It is further recommended that the plan be submitted to the Town to be approved or disapproved as a by-law at the next annual Town Meeting, or at the Special Town Meeting previously recommended under Article 31 if such plan is prepared at that time. For 112, Against 3.
Voted: Article 64. That this article be adopted.
Voted: To dispense with the reading of Article 65.
Voted: Article 65. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town authorize the Board of Selectmen to petition the land court to register title to the land located at the easterly end of Fisherman's Beach, more particularly described in a plan of land in Swampscott dated August 20, 1948. Howard L. Hamill, Town Engineer, containing 18,250 square feet of land, and that the sum of $500.00 be appropriated therefor.
Voted: Article 66. To accept the report of the Finance Com- mittee and adopt their recommendations as follows:
That the Town authorize the Board of Selectmen to purchase or take by eminent domain for the purpose of widening a public way, certain land located on the southeasterly corner of Walker and Para- dise Roads shown on a plan dated January 25, 1949 entitled "Town of Swampscott proposed widening intersection of Paradise and Walker Road, Howard L. Hamill, Town Engineer" and that the sum of $1.00 be appropriated for said land purchase or taking. Unanimous.
Voted: Article 67. That the Town authorize the Moderator to appoint a committee consisting of a member of the Board of Select- men, a member of the Finance Committee, an elected Town Official, and six members of the Representative Town Meeting to study the Town Manager form of Government and report to the next An- nual Town Meeting.
Voted: Article 68. 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 69. To accept the report of the Finance Commit- tee and adopt their recommedations as follows:
That the Town appropriate the sum of $495.70 to pay firemen and policemen who were added to the fire and police departments in 1946 and 1947 for back pay due them which they did not receive by reason of a change in the method of payment of wages. Unanimous.
Voted: Article 70. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That action on this article be indefinitely postponed.
Voted: To dispense with the reading of Article 71.
Voted: Article 71. To accept the report of the Planning Board and adopt their recommendations as follows:
That the Town transfer the property herein described now
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TOWN DOCUMENTS
[Dec. 31,
owned by the town to the Park Department to be used as a road way to enter the rear of Jackson Park, bounded and described as follows:
Westerly by Foster Road seventy-seven and 02/100 (77.02) feet; southwesterly by a way, on a curved line having a radius of ten (10) feet, a distance of twenty-one and 97/100 (21.97) feet; southeasterly by said way seventy-nine and 80/100 (79.80) feet; northeasterly by land of the Town of Swampscott sixty-seven and 82/100 (67.82) feet; northwesterly by lot number 608 as shown on said plan forty-four and 78/100 (44.78) feet. Containing 5283. square feet of land. Unanimous.
Voted: Article 72. That the Town authorize the Board of Select- men to grant easements for the location, installation and mainten- ance of public utility services and installations within private ways in which the Town may have any right, title or interest, either as the result of the town's having acquired real estate abutting such ways in or following proceedings to foreclose tax titles.
Voted: Article 73. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That the Town authorize the Board of Selectmen to sell or other- wise dispose of real estate now or hereafter owned by the town and acquired through foreclosure or purchased under G. L. (Ter. Ed.), Chapter 60 as amended for non-payment of taxes and that the sum of $100.00 be appropriated therefor.
Voted: Article 74. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That the Town transfer from the Excess and Deficiency Account to the Current Revenue Account such sum of money as the Board of Assessors may deem advisable, said sum to be used and applied by the Board of Assessors in reduction of the tax levy for 1949.
Voted: Article 75. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That the Town transfer the following unexpended balances as shown on the books of the Town Accountant as of December 31, 1948 to the Reserve Fund:
Police Car $200.00
Engine House 35.29
Vapotester 1.34
Central Fire House 13.00
Machon Playground 319.39
Total $569.02
Voted: Article 76. To accept the report of the Finance Commit- tee and adopt their recommendations as follows:
That action on this article be indefinitely postponed. Dissolved at 11:44 P.M.
Attest:
MALCOLM F. MacLEAN, JR. Town Clerk.
April 11, 1949
On the above date Vincent P. O'Brien, Moderator appointed the following Committee to study the building needs of the School Department: Richard H. Bessom, Eli A. Cohen, Philip L. Knowlton, Ralph N. Murray, Alice L. Shaw.
Attest :
MALCOLM F. MacLEAN, JR. Town Clerk.
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RECORDS OF THE TOWN CLERK
1949]
April 18, 1949
On the above date Vincent P. O'Brien, Moderator appointed the following Committee to study the Town Manager form of govern- ment:
Edgar U. Burdett, Chairman of the Board of Selectmen Richard N. Symonds, Member of the Finance Committee
Harold G. Enholm, an elected town official James W. Buchanan, Town Meeting Member Patrick J. Cryan, Town Meeting Member Charles B. Fontaine, Town Meeting Member Charles S. Richardson, Town Meeting Member Frederick J. Rudd, Town Meeting Member J. Henry Welch, Town Meeting Member
Attest:
MALCOLM F. MacLEAN, JR. Town Clerk.
April 18, 1949
On the above date Vincent P. O'Brien, Moderator appointed the following Committee to study the problem of Beach Rights in the various beaches of the town: Roger J. Connell, Dr. Charles E. Dono- van, John J. Foley, Anthony F. Pierre, Norbert Ulman.
Attest:
MALCOLM F. MacLEAN, JR. Town Clerk.
April 20, 1949
On the above date notice was received of the approval of the Attorney General of the By-Law adopted by the Town of Swamp- scott, namely, Article 35 of the warrant for the Adjourned Annual Town Meeting held March 29, 1949.
The above By-Law was published in accordance with Section 32 of Chapter 40 in the Lynn Daily Evening Item and the Lynn Tele- gram News April 21, 22, 23, 1949.
Attest:
MALCOLM F. MacLEAN, JR. Town Clerk.
April 21, 1949
On the above date Vincent P. O'Brien, Moderator appointed the following Committee to investigate the advisability of celebrating the 100th anniversary of the incorporation of the Town of Swamp- scott as a town in 1852: Henry S. Baldwin, Frederick R. Champion, Samuel Freedman, Clement E. Kennedy, Ralph I. Lindsey, Lester B. Morley, Vincent P. O'Brien.
Attest :
MALCOLM F. MacLEAN, JR. Town Clerk.
May 2, 1949
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, namely, Articles 58 and 59 of the warrant for the Adjourned Annual Town Meeting held March 29, 1949.
Article 58 was published in accordance with Section 32 of Chap- ter 40 in the Lynn Daily Evening Item May 3, 4, & 5. 1949.
Article 59 was published by posting copies of the article in pub- lic places in each precinct of the Town on May 3, 1949.
Attest:
MALCOLM F. MacLEAN, JR. Town Clerk.
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TOWN DOCUMENTS
[Dec. 31,
Special Town Meeting Tuesday, June 7, 1949
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 Hadley School in said Swampscott on Tuesday, the seventh day of June, 1949, at 7:45 P.M., then and there to act on the following ar- ticles, viz :
Article 1. To see if the town will vote to purchase or take by right of eminent domain for public school purposes the land here- inafter described and construct thereon and originally equip and furnish a school building and gymnasium and raise and appropriate the necessary money therefor by transferring from available funds, by borrowing or otherwise, or take any action relative thereto:
Parcel 1. Beginning on the Northerly side of Humphrey Street at the property corner of Heirs of Isaac W. Chick and Louis A. Hershman; thence running in a Northeasterly direction by land of Louis A. Hershman, for a distance of ninety-seven and sixty-one hundredths (97.61) feet; to land of the Town of Swampscott; thence running in a Northwesterly direction by land of the Town of Swamp- scott for a distance of sixty-four and seventy-five one hundredths (64.75) feet; thence running in an Easterly direction by land of the Town of Swampscott for a distance of seventy-two and seventeen one hundredths (72.17) feet; thence running Southerly by land of the Town of Swampscott, four and sixty-two one hundredths (4.62) feet; thence running Easterly by land of the Town of Swampscott for a distance of one hundred seventy-six and sixty one hundredths (176.60) feet; thence running Southeasterly by land of the Town of Swampscott for a distance of one hundred fifty-two and five tenths (152.5) feet to the Northerly side of Redington Street; thence run- ning Easterly along the Northerly side of Redington Street for a distance of seventy-one and five tenths (71.5) feet; to land now or formerly of Frank S. and Ruth E. Greene; thence running North- westerly by land now or formerly of Frank S. and Ruth E. Greene for a distance of one hundred fifty-three and seven one hundredths (152.07) feet; thence running Easterly by land now or formerly of Frank S. and Ruth E. Greene for a distance of fifty-four and twenty- four one hundredths (54.24) feet, to land of Swampscott Hall Assoc- iation ; thence running Northwesterly by land of the Swampscott Hall Association for a distance of ninety-six and thirty-seven one hun- dredths (96.37) feet, to the Southerly side of Elmwood Road; thence curving along the Southerly side of Elmwood Road in a Westerly direction for a distance of two hundred thirty-eight and thirty-three one hundredths (238.33 feet) ; thence curving in a Southwesterly direction to the Easterly side of Monument Avenue for a distance of one hundred eight and two one hundredths (108.02)feet; thence curving in a Southwesterly direction along the Easterly side line of Monument Avenue for a distance of two hundred and eight and eighty-nine one hundredths (208.89) feet; thence curving in a South- easterly direction along the Easterly sideline of Monument Avenue for a distance of one hundred and one and eighty-eight one hun- dredths (101.88) feet, to the Northerly side of Humphrey Street, thence running Southeasterly along the Northerly side line of Hum- phrey Street for a distance of one hundred and six and seventy hundredths (106.70) feet to the point of beginning.
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RECORDS OF THE TOWN CLERK
1949]
The above described parcel of land contains about 102,745 sq. ft. of land.
Parcel 2. Beginning on the Northerly side of Redington Street at the property corner of land of the Heirs of Isaac W. Chick and land of Frank S. and Ruth E. Greene; thence running Northeasterly along the Northerly side line of Redington Street for a distance of sixty-six and sixty-two hundredths (66.62) feet, to land now or formerly of Delano; thence running Northwesterly by land now or formerly of Delano for a distance of one hundred fifty-one and sixty- four one hundredths (151.64) feet to land of the Swampscott Hall Association; thence running Southwesterly by land of the Swamp- scott Hall Association and land of the Heirs of Isaac W. Chick for a distance of sixty-seven and sixty-two one hundredths (67.62) feet; thence running Southeasterly by land of the Heirs of Isaac W. Chick for a distance of one hundred fifty-three and seven one hundredths (153.07) feet, to the point of beginning.
The above described parcel of land contains about 10,300 sq. ft. of land. Sponsored by the Committee to Study the School Build- ing Needs of the Town of Swampscott.
Article 2. To see if the town will vote to make the necessary repairs and alterations to the Hadley School as recommended by the Department of Public Safety and raise and appropriate the neces- sary money therefor from available funds by borrowing or other- wise, or take any action relative thereto. Sponsored by the Committee to Study School Building Needs of the Town of Swampscott.
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