USA > Massachusetts > Plymouth County > Duxbury > Town annual report of the officers and committees of the town of Duxbury Massachusetts for the year ending 1960 > Part 31
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CONSERVATION COMMISSION STUDY COMMITTEE
Report of the Study Committee appointed at the 1962 Town Meeting to determine the merit of a Town Conservation Commission as opposed to a Commission formed by the acceptance of Section 8C of Chapter 40 of the General Laws.
The Committee has had numerous meetings, has ac- quired and digested much literature, has talked to a large number of persons, official and otherwise, and has held a public hearing in Duxbury. As a result, the Committee unanimously recommends that a Conservation Commis- sion under Section 8C of Chapter 40 of the General Laws be established by the Town. The Committee assumes that there is no dissent to the general need of conserva- tion - the only question is the best method.
I. What is a Conservation Commission and what can it do?
In determining whether or not the Town should vote to establish a Conservation Commission, the first thing to find out is what a Conservation Commission is and what it can do if established.
The State, waiving its own power to establish such a Commission without local participation (of which more later) has provided by General Laws, Chapter 40, Section 8C, that a Conservation Commission may be established by vote of the Town. The purposes of such a commission are as follows:
Such commission shall conduct researches into its local land areas and shall seek to co-ordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its work. It shall keep an index of all open areas within the city or town, as the case
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may be, with the plan of obtaining information pertinent to proper utilization of such open areas, including lands owned by the commonwealth or lands owned by a city or town. It shall keep an index of all open marshlands, swamps and all other wet lands in a like manner, and may rec- ommend to the city council or selectmen and, sub- ject to the approval of the city council or select- men, to the department of natural resources and to the state reclamation board a program for the better promotion, development or utilization of all such areas. It shall keep accurate records of its meetings and actions and shall file an annual report which shall be printed in the case of towns in the annual town report.
It shall consist of from three to seven members ap- pointed by the Selectmen (not the Moderator). Its pow- ers, and this is the most important point, are as follows:
Said commission may receive gifts of property, both real and personal, in the name of the city or town, subject to the approval of the city council in a city or the selectmen in a town, such gifts to be managed and controlled by the commission for the purposes of this section. Said commission may acquire by gift, purchase, grant, bequest, de- vise, lease or otherwise the fee in such land or water rights or any lesser interest, development right, easement, covenant, or other contractual right including conveyances on conditions or with limitations or reversions, as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within their city or town, and shall man- age and control the same.
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The last sentence, on its face, might be read to mean that the Commission alone, without the Selectmen, could make acquisitions, but the opinion of the sponsors of the Act and the opinion of the Committee is that the clause in the first sentence requiring the approval of the Select- men for gifts carries over to purchases. Otherwise, for example, there would be contradictory provisions regard- ing gifts. The same last sentence which gives the Town the right to acquire less than a total ownership in lands, and to acquire any type of interest subject to conditions should be particularly noted. In a word, the purposes of the Commission are (1) to keep the Town and its authori- ties aware of the possibilities and particular opportunities for conservation, and (2) to acquire, within the limits of Town appropriations and the approval of the Selectmen by gift or purchase such lands and interest in lands as may be most beneficial to the whole conservation picture.
The Act (Chapter 40, Section 5 [51]) also allows but does not compel a yearly appropriation of not more than 1/20 of 1% of the assessed value of the Town (about $6500) but not more than $15,000, to be used for the above purposes, and these appropriations, if made, may be, unlike most other funds, accumulated in a conservation fund for use when appropriate.
The Town has a double check on all expenditures of the Commission.
(1) It does not have to appropriate a penny in any year.
(2) Money when appropriated can only be spent with the approval of the Selectmen. The Commission on its own cannot rush out and acquire property or interests in property even by gift. These also require approval by the Selectmen.
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So far, the State has nothing to do with the Commis- sion, and if so desired by the Town, need never have any- thing to do with it. Only if the Town so wishes, the State has provided (General Laws, Chapter 132A, Section 11) that it will pay up to 1/2 the cost of a project approved by it, but note here again, this cannot be done unless the Town by a special vote has authorized the total expendi- tures from the conservation fund. Neither the Commis- sion nor the Selectmen can obtain their state aid without a vote of the whole Town.
In other words, as the act stands, the Commission, the Selectmen and the Town in these matters are entirely free from State control. The Town, but not the Commission or the Selectmen, may in certain cases apply for State aid but is not bound to do so and the whole program may be carried out with no reference whatever to State authority.
Objections have been made that the acceptance of this act will in some way give, or may give, the state control over local conservation matters. We have carefully con- sidered these objections and believe them to be without substance.
(1) The State always has, now has and always will have under our present form of government complete control over all matters concerning cities and towns. As pointed out by the objectors, it has frequently used such authority and the State could, if it were so minded, abolish Town government altogether and substitute, for example, a French prefectural system where the executives of politi- cal subdivisions are appointed by the the State. So the State could establish Conservation Commissions in cities and towns answerable to the State as a whole and not to the citizens of the town. But the State has not done so. Far from exercising its undoubted power over conservation matters, it has in effect waived this power and handed it
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to the towns where, we all agree, it properly belongs. It is true the act may be amended and the town cannot help it, but it is equally true that the state could have originally passed an upalatable act and it is not nearly as likely that once they have passed a proper act, it will be rescinded or substantially amended. As a matter of fact, the Town, in the opinion of the Committee, is in possible danger of being forced into a conservation program it does not like if it does not accept this act. With few exceptions, most of the towns in the eastern part of the state, and again with a few exceptions, all the towns on the east coast, have ac- cepted the act and have commissions. Will not the State, with the powerful drive for conservation that exists, merely throw up its hands with towns that have not ac- cepted its bounty, so to speak, and insist on some form of commission controlled by it to avoid what it may well deem small gaps in the necessarily over-all picture of con- servation.
II. What do other towns think of the Act?
The question answers itself. 132 cities and towns have accepted the act and many more are considering it. Most of these towns are in the eastern part of the state with an overwhelming majority of the towns on the coast. To fol- low the coast-Newburyport, Newbury, Rowley, Ipswich, Rockport, Manchester, Beverly, Marblehead, Swampscott, Nahant, Cohasset, Scituate, Marshfield, Plymouth, Bourne, Sandwich, Barnstable, Yarmouth, Brewster, Orleans, Eastham, Truro-an impressive array, and most of them towns like ours.
III. A. Advantages of the Commission.
The Commission can do a number of most important things that now cannot be done or are, through no one's fault, not being properly done.
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B. General Purposes.
The purposes include an over-all mapping and organi- zation of the Town from the conservation point of view. It is true that the Selectmen, the Planning Board, the Wa- ter Board and others have in each case some responsibility for conservation, but in each case this is not their major responsibility and they have many other more immediate matters to attend to and any planning they may do is on their own, fragmentary and possibly overlapping with other authorities. We need hardly speak of the necessity of conservation, particularly of the marshes, in view of the large attendance at the hearing last fall when the ques- tion of filling seven acres of marsh was first raised. To have a central body with official status that can coordinate the work of other town authorities and make recommen- dations to them for a proper over-all program seems to us to be essential. As a member of the Planning Board, the Chairman should certainly welcome such help and we are sure the other Boards and authorities will feel the same way. Without such planning, many opportunities for proper conservation may well be lost.
C. Powers.
The commission can within the limitations specified in each case do some things which cannot be now done at all, and others could never be effectively done by private means. All these things will flow naturally from the studies it will make to determine what is best for conser- vation in Duxbury.
(1) Within the appropriations by the Town at the Town Meeting (which may run from nothing to about $6500 annually) and with the approval of the Selectmen, it may purchase lands or interest in lands (of which more later) for the Town to be administered by it for conserva- tion purposes. Such appropriations, when and if made,
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may be held over so that they will not have to be frittered away on minor and unimportant acquisitions, but will be sufficient for important and significant acquisitions from time to time.
(2) With the approval of the Selectmen it may acquire by gift such lands or interest in lands.
(3) It may recommend to the Town in any particular case that State aid up to 1/2 the cost of any project be sought. If so, the Town at a Town Meeting (not the Com- mission or the Selectmen) must vote the whole amount of the funds for which the State is asked for reimbursement of 1/2. These powers, subject to the rigid controls pro- vided, are unique and cannot be duplicated by private means.
(4) Note that there are no powers of Eminent Domain under the law. All lands or interest in land to be acquired must be by gift or purchase.
D. Possible Alternatives
(1) a. What about a so-called Town Conservation Commission? Actually this would be only a private cha- itable organization, no different from the Duxbury Rural and Historical Society with no powers that this Society or any similar Society might have. It is true that the Rural Society now owns and can acquire land or interests in lands and that other private trusts can be established for this purpose. But where can they get the money and how can a prospective donor or seller be sure that such organization, dependent entirely on private contributions, can effectively keep and maintain such acquisitions? We certainly hope that the Rural Society will continue to be a significent factor in the Town, but it depends on modest dues that cannot be substantially increased and such dues are fully used up in maintaining its present properties.
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If there were a drive for substantial funds to purchase more property or even if it were given too much land to maintain, it is probable it could not keep up as it has. A fortiori, as the lawyers say, no new trust to be estab- lished could make any guarantee of indefinite future per- formance. No private organization or Town Conservation Commission can possibly raise the regular funds for con- servation that can be raised by the Town, if it so desires, for this purpose. Further, and most important, any lands owned by the Rural Society or private trusts might have restrictions or conditions for use that the Town might not like, whereas in any lands acquired through the Statutory Commission restrictions and conditions would have to be satisfactory to the Town representatives.
b. No private organization, or Town Conservation Commission can apply for State aid, if that is desired by the Town.
c. No private organization, or Town Conservation Commission as a practical matter, has the money or can spend the time or get the necessary cooperation from the various town authorities to coordinate the many facets of the conservation picture, which is one of the duties of the Statutory Commission.
d. This is not to minimize the importance of such pri- vate societies. It has been found, as in Chatham, that the fact there was both a Conservation Commission and a pri- vate Society was most advantageous as some people feel that a gift has more security through Town action and some that a private society seems more desirable, al- though, as pointed out, such a society has very limited powers. In Duxbury we have a well-equipped private so- ciety which owns over 100 acres of land and it is hard to see how another, operating under the name of a Town Conservation Commission, would help.
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(2) Would a special bill in the Legislature, a so- called permissive act, be helpful? In the first place, al- though we all regard Duxbury as a very special place, the Legislature would in all probability say that what has already been done was sufficient and was satisfactory to over 100 cities and towns. In the second place, such a bill would be exactly as open to amendment as the pres- ent act and from this point of view, the security of the town would be no greater.
IV. Conclusion.
Finally, the Commission, limited as previously stated, has unique powers to receive by gift or to purchase in- terests in lands. This means that any lands to be acquired do not have to be owned outright without conditions or restrictions by the Town, although of course this can be done also. It means, for example, that a marsh owner could, while retaining his rights to keep a duck blind or a camp, agree that no filling would be done and the marsh would be kept as it was forever. The land would still be taxable property, perhaps subject to some dimuni- tion. It means that the Beach Associates, if they were so advised, could deed the beach to the Town in trust to keep substantially the present arrangement or any other ar- rangement that seemed proper at the time of such deed. Complete flexibility in conditions for acquiring lands or any lesser interests in land is allowed by the Statute, and this is, if not unique, at least so uncommon that it will give to the Town, through the Commission, the Selectmen and its own veto over appropriations, the opportunity to acquire without hurting essential private interests, what it deems necessary; and to quote the statute, "to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within the Town."
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The Committee has given very careful consideration to all the factors and respectfully urges the Town to accept the Act and establish the Commission.
Respectfully submitted,
NELL M. LITTLEFIELD FRANCIS E. PARK, III FANEUIL ADAMS, Chairman
REPORT OF THE TOWN ACCOUNTANT
December 31, 1962
To the Honorable Board of Selectmen:
In accordance with the provisions of Chapter 41, Sec- tion 61, I submit herewith the annual statement of all receipts and expenditures of the Town of Duxbury for the financial year ending December 31, 1962. This statement is supplemented by additional reports and schedules de- signed to assist the individual in obtaining a clear picture of the Town's financial status.
As an indication of an increasing degree of mutual respect, it is noted that the Finance Committee trans- ferred $9,754.00 to various departments and that an unused $2,378.38 was refunded to their "Reserve." The most not- able expression of confidence was seen in the transfer of $2,000.00 to the Snow and Ice Department, to meet antici- pated removal costs. As a result of unusually mild weather, no part of this transfer was used. In previous years the Finance Committee has appeared hesitant to make anticipatory transfers lest they result in the pre- mature purchase of desirable but presently unessential items.
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Once the Town Accountant's report is in print it has a strangely simple look and it is difficult to visualize the time and effort which goes into its preparation. Vast sums of money are casually referred to in a few simple words, but at least it is all stated in dollars and cents which we can all understand. I was strangely sympathetic when I read an 1812 financial statement issued by the Plymouth National Bank, and saw that the treasurer and accountant of those days were forced to contend with "Plymouth Old Bills in the drawer," "Plymouth Old Bills in the Closet," and "Five boxes of Pistareens."
Attendance at the 1962 Autumn meeting of the Massa- chusetts Municipal Auditors and Accountants Association was imperative because the advent of a new Director in the Bureau of Accounts promises some new rules and new interpretations of old rules. The unprecedented intensity of the educational program indicated that Mr. Arthur Mackinnon will prove a most worthy successor to Mr. Herman Dine, whose retirement dismayed many Account- ants, for we all relied on his ever-available guidance and friendly counsel.
I was somewhat compensated for my attendance at the extremely formidable lecture sessions by the novelty of sleeping on the fourth floor of a Silo, an eerie perch reached only by an outside fire escape.
1962 has been a quiet but especially pleasant year, and I wish to thank all those who have contributed to the orderly work of this office.
Respectfully submitted,
ISABELLE V. FREEMAN, Town Accountant.
P.S. - Property accountability is still honored in the breach rather than by performance. Greater cooperation in this field would be much appreciated.
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Receipts
TAXES
1959 Personal Property Taxes
$132.00
1960 Poll Taxes
8.00
1960 Personal Property Taxes
183.48
1961 Poll Taxes
32.00
1961 Poll Tax, collected after abatement 2.00
1961 Personal Property Taxes
5,313.38
1961 Personal Property Taxes, collected after abatement
34.08
1961 Real Estate Taxes
37,716.65
1962 Poll Taxes
2,400.00
1962 Personal Property Taxes
73,505.59
1962 Real Estate Taxes
885,587.11
Water Liens added to 1962 Taxes
621.73
Redemption of Tax Titles
1,054.07
Business Corporation Taxes
47,580.00
Income Taxes, Chapter 58
31,720.00
Income Taxes (School, Ch. 70)
58,083.60
Income Taxes (School, Ch. 71)
4,343.17
$1,148,316.86
LICENSES AND PERMITS
Alcohol (denatured)
$7.00
Auctioneers
4.00
Bicycle Registrations
11.90
Camp and Cabin Licenses
8.50
Common Victuallers' Licenses
30.00
Firearms (Dealers')
25.00
Gasoline Registrations
15.50
Garbage Collections
4.00
Garage Licenses
15.00
Hawkers and Peddlers
11.00
Innholders' Licenses
4.00
Ice Cream (Special Permit)
1.00
Junk Dealers
15.00
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Liquor Licenses
4,105.00
Marriage Licenses
106.00
Milk Licenses
8.50
Mobile Canteen Licenses
2.00
Motel Permit
.50
Offal (Cesspool, etc.)
8.00
Pistol Permits
72.00
"Sunday" Licenses
12.00
Shellfish Licenses (Commercial)
155.00
Shellfish Licenses (Private)
1,332.00
Taxi Licenses
6.00
5,958.90
FINES AND FORFEITURES
Third District Court, Fines $52.60
52.60
GRANTS AND GIFTS
County of Plymouth, Dog Fund
$1,083.14
Commonwealth of Massachusetts:
Vocational Education
4,354.25
O.A.A. Meal Tax
2,316.86
Library Aid
1,181.75
School Construction Grants 32,495.45
English Speaking Classes 95.00
Transportation of Pupils
41,924.30
Reimbursement of Lost Taxes 948.49
Public Law #874 (School)
6,146.00
D.A. Federal Grants in Aid
2,676.00
D.A. Fed. Grants, Administration
311.84
M.A.A. Federal Grants in Aid
15,540.79
M.A.A. Fed. Grants, Administration 847.60
A.D.C. Federal Grants in Aid
8,413.30
A.D.C. Fed. Grants, Administration 2,219.99
O.A.A. Fed. Grants in Aid 12,051.16
O.A.A. Fed. Grants, Administration 1,592.14
134,198.06
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PRIVILEGES AND ASSESSMENTS
Motor Vehicle Excise Tax:
1958 Levy (collected after abatement)
$23.00
1959 Levy
194.68
1959 Levy (collected after abatement)
12.83
1960 Levy
663.26
1960 Levy (collected after
abatement)
330.25
1961 Levy
34,309.06
1961 Levy (collected after abatement)
24.75
1962 Levy
136,498.96
Clam Grant Fees
22.00
Special Assessment, Sea Wall:
1961 Commitment
111.90
1962 Commitment
320.08
Farm Animal Excise:
1960 Levy
27.12
1961 Levy
31.26
1962 Levy
36.85
172,606.00
GENERAL GOVERNMENT
Town Clerk's Fees
$639.50
Town Collector's Fees
106.55
Treasurer's Fees and Costs
28.16
DEPARTMENTAL INCOME
Town Clerk's Department
$25.66
Health Department
313.86
Harbor Master (Mooring Fees)
1,612.50
School Dept., Miscellaneous
637.94
774.21
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Appeal Board
10.00
Building Inspector's Office
2,409.00
Sealing Weights and Measures
108.25
Planning Board
1.25
Highway Department
59.98
5,178.44
CHARITIES AND VETERANS' BENEFITS
Aid to Dependent Children
$6,184.35
Disability Assistance
3,966.33
General Relief
2,782.09
Medical Aid to Aged
11,609.08
Old Age Assistance
2,980.00
Veterans' Benefits
5,527.08
33,048.93
HIGHWAYS
Commonwealth of Massachusetts:
Ch. 90 Joint Construction
$26,000.00
Ch. 90 Joint Maintenance 2,000.00
County of Plymouth:
Ch. 90 Joint Construction 13,000.00
Ch. 90 Joint Maintenance
2,000.00
43,000.00
CEMETERIES
Sale of Lots
$80.00
Care of Lots and Graves
1,077.00
Interments
2,600.00
Foundations
1,004.50
All Other
120.30
4,881.80
REVOLVING FUNDS
Athletic Association
$812.00
School Lunch Program
48,847.85
49,659.85
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RECOVERIES
Disability Assistance
$219.35
General Relief
192.95
Medical Aid to Aged
2,913.49
Old Age Assistance
20,666.76
23,992.55
WATER DEPARTMENT
Hydrant Service - Duxbury
$24,593.00
Meter Resetting
1,290.26
Service Connections
2,842.62
Water Rates
55,008.01
Town of Pembroke, Water
309.15
Unclassified Receipts
417.40
84,460.44
UNCLASSIFIED
Sale of Beach Stickers
$2,230.00
Sale of Lot R 6
100.00
Sale of Dogs
57.00
Rental, Tarkiln Youth Center
48.00
Rental, Old Town Hall
220.00
Telephone Tolls
73.60
Sale, Misc. Booklets and Codes
35.50
Photostatic Copies (H. McNeil)
105.00
Cash from Undetermined Source
.02
2,869.12
REFUNDS AND CANCELLED CHECKS
School Department 1961
$285.75
Sea Wall (Premature Payment)
5,500.00
School Department 1962
139.27
M.A.A. Town Fund
22.50
D.A. Town Fund
85.20
General Relief
29.65
A.D.C. Town Fund
33.00
Shellfish Department
8.40
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Harbor Master's Dept.
15.00
Town Office Department
1.58
Jr .- Sr. High School
150.31
Mass. Blue Cross, Blue Shield
179.00
Washington National Insurance Co.
(Town's Group Insurance)
1,090.81
Bounties Refunded (Seals)
16.50
O.A.A. Fed. Gr., Cancelled Checks
163.80
Water Dept., Insurance Refund
21.11
Police Dept., Insurance Refund 33.19
Fire Insurance Dividends
62.56
7,837.63
INTEREST
Committed Sea Wall Interest, 1961
$59.78
Committed Sea Wall Interest, 1962
124.57
On Treasury Bills 947.92
On Deferred Taxes
963.45
On Motor Vehicle Excise
311.37
On Tax Titles
162.10
On Deposits
294,96
2,864.15
LOANS
Anticipation of Revenue
$100,000.00
Investment of Revenue
149,052.08
249,052.08
AGENCY, TRUST, AND INVESTMENT
Payroll Deductions:
Group Hospital and Insurance $13,655.65
Federal Income Taxes 91,372.95
State Income Taxes
8,052.40
Retirement System
12,031.45
Group H & I (Retired Personnel) 457.65
Dog Licenses 1,451.75
Sporting Licenses
1,105.00
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Liquor Ad Deposits 24.00
J. & R. Ford Fund - Income 690.00
Lucy Hathaway Fund-Income 2,310.60
Standish Home Site Fund-Donations 20.00
Cemetery Perpetual Care Funds, New and Additional 9,840.00
General Care and Improvement
Funds (Cemetery-Donations)
170.00
Ladies' Union Fair Fund (Gift to Cemetery) 1,246.76
Trust Fund Income Withdrawn
from Banks:
F. & H. Partch Flower Fund 8.00
George Chandler Flower Fund 3.00
George H. Wood Fund 21.00
Standish Home Site Fund
250.00
J. & R. Ford Fund 573.62
Cemetery Perpetual Care Funds 6,792.65
Lucy Hathaway Fund 6,000.00
Guarantee Deposits, Water Dept.
5,252.25
161,328.73
Total Receipts for 1962
$2,130,080.35
Expenditures
GENERAL GOVERNMENT
1-1 Moderator's Salary
Appropriation
$40.00
Bartlett B. Bradley, Moderator
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