USA > Massachusetts > Plymouth County > Plymouth > Town annual report of the officers of the town of Plymouth, Massachusetts for the year ending 1953 > Part 22
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The Committee recommends the adoption of the report of the Planning Board, dated January 7, 1954, and filed with the Town Clerk, the suggestion in this report that "part of the cost be borne pro rata by the owners of the properties to be benefitted" to be made definite by requiring that 1/8 of the cost, if the County participates, 14 if it does not, be deposited with the Town Treasurer before action by the Town is taken, in order that the owners' contributions may be voted as part of the appropriation. They further rec- ommend that the Planning Board be directed to consider the advisability of amending the Zoning By-Law as sug- gested in their report.
The Committee points out that this report specifies dis- tinctly a series of tests which must be satisfied before relief can be granted in an individual case and that it is the re- sponsibility of the Board of Selectmen to see that these tests are met before presentation of any proposals to the town for action.
REPORT OF PLANNING BOARD ON WATERFRONT PROTECTION
At the last annual town meeting the warrant included six articles (Nos. 59 to 64 inclusive), each proposing an appropria- tion for waterfront protection at a particular location. The Town did not make any of these appropriations, but asked the Planning Board to make "a study of waterfront protec- tion." It is in response to that reference to the Planning Board that we make this report, after considerable study and after consultation with engineers and with the Massachusetts Department of Public Works, Division of Waterways.
Nature of Report: It is our understanding that the Town desires our views and recommendations on the problem of waterfront protection as a whole-what it comprises, its mag- nitude, how it may be approached and dealt with. We do not understand that we were asked to express an opinion on the merits of particular proposals.
Plymouth Beach: The condition of Plymouth Beach (Long Beach) is undoubtedly well known. In heavy storms the sea comes through to the harbor, the breakwater has slumped in places and it is being washed severely in others. We are advised, however, that the Federal Government has accepted the responsibility for the protection of Plymouth
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Harbor and that, therefore, they may be expected to make the necessary repairs. The need for these repairs has already been called to the attention of the U. S. Engineers' Office by the Selectmen, we understand. Very likely it will be desirable to follow the matter, and this the Selectmen undoubtedly have in mind.
If Plymouth Beach can be so handled, it appears that it is the rest of the shoreline with which we are concerned.
General: There are certain general observations which we feel should be made.
(1) The problem of waterfront protection is a large one, or can become a large one.
(2) Except at prohibitive cost, in most cases there is no way in which shore erosion can be entirely prevented. Gen- erally, all that may be expected is that it will be retarded.
(3) The Town has no legal obligation to protect against shore erosion. The Town may, of course, decide to take such action, but is not required to do so.
(4) Certainly such actions will be proposed, and the Town will wish to deal with each one fairly, in accord with some consistent practice.
Method of Approach: We were at first inclined to believe that a comprehensive survey of the whole shoreline should. be made, but we now feel that the expense, and delay, of such a survey is not warranted. Since the shoreline is some 20 miles in length, it cannot be protected by any one project, if indeed this were either needed or were within financial capabilities. Rather, all that can be contemplated is work at the most urgent and justifiable spots. Each case must be considered separately and on its own merits, and if it comes before the Town, become the subject matter of an article in the warrant - like those referred to in the first paragraph above.
The procedure must be, it seems to us, that of the Select- men examining each proposal, and where they think justified, petitioning the Department of Public Works to make sur- veys and estimates, and determining the willingness of the State and County to participate in the cost.
Recommended Principles: Where erosion is endangering private property, it seems to us these tests should be met, before proposing action to the Town, and in making appro- priations:
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(1) The need must be pressing and urgent.
(2) In all cases, the total cost of the protection (not merely the Town's part of the cost) should bear some reason- able relation to the loss to the Town which will result if the work is not done (such as loss of taxable property).
(3) In general, property of several owners should be endangered; work at one location to protect one house does not seem a proper expenditure of town funds.
(4) It should be determined that the retardation of erosion-waterfront protection-is the cheapest way to pro- tect the property, as compared, for example, to moving the house back.
(5) Part of the cost should be borne pro rata by the owners of the properties to be benefitted; as a suggestion, 1/s of the total cost if the County participates, 1/4 if it does not.
To repeat, we believe that each proposal should be con- sidered on its merits, as determined by testing against the above principles.
Extent of Waterfront Protection: No exact estimate of magnitude can be made. There are something like 20 miles of shore frontage, but not all of it is subject to damage by erosion. Of that part which may be eroded, some is entirely undeveloped, and of little value. Expenditure to protect it is unnecessary at this time. However, when all these allowances have been made, it is obvious that points of potential damage are numerous; and it seems to us the Town would be exercis- ing prudence in appropriating only for those situations that are urgent, clearly of public interest, and economically sound.
Control by Zoning: It has been suggested that the future need for this expensive protection might be reduced, if the Town amended its Zoning By-Law, by a provision requiring that no house be set nearer the top of a cliff than some spec- ified distance.
JAMES A. WHITE, Chairman WALTER H. NEAVES ELLIS W. BREWSTER AMEDEO V. SGARZI A. LINWOOD ELLIS
Voted: That the Town adopt the report of the Planning Board, dated January 7, 1954, and filed with the Town Clerk, the suggestion in this report that "part of the cost be borne
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pro rata by the owners of the properties to be benefitted" to be made definite by requiring that 1/8 of the cost, if the County participates, 1/4 if it does not, be deposited with the Town Treasurer before action by the Town is taken, in order that the owners' contributions may be voted as part of the appropriation; and that the Town further vote to direct the Planning Board to consider the advisability of amending the Zoning By-Law as suggested in their report.
Article 27. To see if the Town will vote to raise and appropriate the sum of Five Thousand Dollars ($5,000) to be spent in conjunction with sums to be provided by the State or County, or both, for the construction of waterfront protection at Long Beach, so-called, (a continuation of 1952 work) ; the Town to assume liability as provided by Section 29, Chapter 91 of the General Laws as amended for damages incurred hereunder.
The Committee will ask for consideration of Article 96 prior to action under this article, since they feel that action by the town on the Report of the Planning Board on Waterfront Protection should precede action on any specific article on the subject.
The Committee recommends an appropriation of $5,000.
Voted: That the Town raise and appropriate the sum of $5,000.00 to be spent in conjunction with sums to be provided by the State or County, or both, for the construction of waterfront protection at Long Beach, so-called, (a continu- ation of 1952 work), the Town to assume liability as pro- vided by Section 29, Chapter 91 of the General Laws as amended for damages incurred hereunder.
Article 28. To see if the Town will vote to raise and appropriate the sum of Eight Thousand, Two Hundred and Fifty Dollars ($8,250) to be used for shore protection at the following locations and in the following amounts:
High Cliff $1,500
Harlow's Landing 2,000
East White Horse Beach 1,250
Manomet Avenue (Manomet Bluffs)
1,500
Warren's Cove
2,000
Any appropriation made hereunder to be spent in conjunction with sums to be provided by the State or County, or both; and provided further that owners of property abutting the areas to be protected contribute at least one-eighth of the cost of the projects; work to be started not less than 10 days
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after said contributions by the abutters have been deposited with the Town Treasurer; the Town to assume liability as provided by Section 29 of Chapter 91 of the General Laws as amended for all damages incurred hereunder.
The Committee recommends no action.
Mr. C. Harvey Moore moved that the Town take no action under Article twenty-eight.
Mr. James Frazier requested that each item listed for Shore protection be taken up separately and the Moderator approved.
Mr. James Frazier moved to amend the motion of Mr. C. Harvey Moore by substituting the following: That the Town appropriate the sum of $1,500.00 to be spent in conjunction with sums to be provided by the State or County, or both for shore protection at High Cliff; provided that the owners of property abutting or benefitted by such protection con- tribute $1,500 if the county participates, $3000 if the County does not participate; contributions to be made by certified checks payable to the Commonwealth of Massachusetts and delivered to the Town Treasurer; work to be started not less than 10 days after delivery of such checks to the Town Treasurer. The motion to amend was lost.
Mr. C. Harvey Moore moved that the Town take no action under Item "Harlow's Landing."
Mr. James Frazier moved to amend the motion of Mr. C. Harvey Moore by substituting the following: That the Town appropriate the sum of $2,000 to be spent in conjunc- tion with sums to be provided by the State or County or both, for shore protection at Harlow's Landing; provided that the owners of property abutting or benefitted by such protection contribute $2,000 if the County participates, $4,000 if the County does not participate; contributions to be made by certified checks payable to the Commonwealth of Massa- chusetts and delivered to the Town Treasurer; work to be started not less than 10 days after delivery of such checks to the Town Treasurer. The motion to amend was lost.
Mr. C. Harvey Moore moved that the Town take no action under Item "East White Horse Beach."
Mr. James Frazier moved to amend the motion of Mr. C. Harvey Moore by substituting the following: That the
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Town appropriate the sum of $1,250 to be spent in conjunc- tion with sums to be provided by the State or County, or both, for shore protection at East White Horse Beach; pro- vided that the owners of property abutting or benefitted by such protection contribute $1,250 if the County participates, $2,500 if the County does not participate; contributions to be made by certified checks payable to the Commonwealth of Massachusetts and delivered to the Town Treasurer; work to be started not less than 10 days after delivery of such checks to the Town Treasurer. The original motion as amended by Mr. Frazier was put before the Meeting and taken by a show of hands, 39 in the affirmative and 103 in the negative, the motion as amended was lost.
Mr. C. Harvey Moore moved that the Town take no action under Item "Manomet Avenue."
Mr. James Frazier moved to amend the motion of Mr. C. Harvey Moore by substituting the following: That the Town appropriate the sum of $1,500 to be spent in conjunction with sums to be provided by the State or County, or both, for shore protection at Manomet Avenue (Manomet Bluffs) ; provided that the owners of property abutting or benefitted by such protection contribute $1,500 if the County partici- pates, $3,000 if the County does not participate; contributions to be made by certified checks payable to the Common- wealth of Massachusetts and delivered to the Town Treas- urer; work to be started not less than 10 days after delivery of such checks to the Town Treasurer. The original motion as amended by Mr. Frazier was put before the Meeting and carried.
Mr. C. Harvey Moore moved that the Town take no action under Item "Warren's Cove."
Mr. James Frazier moved to amend the motion of Mr. C. Harvey Moore by substituting the following: That the Town appropriate the sum of $2,000 to be spent in conjunction with sums to be provided by the State or County, or both, for shore protection at Warren's Cove: provided that the owners of property abutting or benefitted by such protection con- tribute $2,000 if the County participates, $4,000 if the County does not participate; contributions to be made by certified checks payable to the Commonwealth of Massachusetts and delivered to the Town Treasurer; work to be started not less than 10 days after delivery of such checks to the Town
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Treasurer. The original motion as amended by Mr. Frazier was put before the Meeting and taken by a show of hands, 75 in the affirmative and 72 in the negative, the motion as amended was carried.
Article 29. To see if the Town will assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as amended by Chapters 516 and 524, Acts of 1950, for all damages that may be incurred by work to be performed by the Department of Public Works of Massachu- setts, for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tidewaters, foreshores and shores along a public beach out- side of Boston Harbor, including the Merrimack and Conn- ecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws, and to authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth.
The Committee recommends favorable action.
Voted: That the Town assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as amended by Chapters 516 and 524, Acts of 1950, for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts, for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tidewaters, foreshores and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws, and to authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth.
Article 30. To see if the Town will vote to purchase or acquire by eminent domain, an easement for a highway drainage system over a strip of land, ten (10) feet wide from Standish Avenue to Dyers Pond, as laid out by the Selectmen and reported to the Town, and make an appropriation for land and property damages and expenses for acquiring titles.
The Committee recommends acceptance of this easement and an appropriation of $300, $100 for expenses of acquiring titles and $200 for damages.
Planning Board has approved layout.
Voted (Unanimously) : That the Town purchase or ac- quire by eminent domain an easement for a highway drain-
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age system over a strip of land 10 feet wide from Standish Avenue to Dyers' Pond, as laid out by the Selectmen and reported to the Town and to raise and appropriate the sum of $300 for land and property damages and expenses of acquiring titles.
Article 31. To see if the Town will accept and allow as a Town way, Peck Avenue, as laid out by the Selectmen and reported to the Town, and make an appropriation for land and property damages and expenses for acquiring titles.
The Committee recommends acceptance of this street and an appropriation of $150 for expenses of acquiring titles.
Planning Board has approved layout.
Voted (Unanimously) : That the Town accept and allow as a Town Way Peck Avenue, as laid out by the Selectmen and reported to the Town and to raise and appropriate the sum of $150 for land and property damages and expenses of acquiring titles.
Article 32. To see if the Town will accept and allow as Town ways, portions of Sandwich Street, Sandwich Road and River Street, as laid out by the Selectmen and reported to the Town, and make an appropriation for land and property damages and expenses for acquiring titles.
The Committee recommends the acceptance of these streets and an appropriation of $300 for expenses of acquiring titles.
Planning Board has approved layout.
Voted (Unanimously) : That the Town accept and allow as Town Ways portions of Sandwich Street, Sandwich Road and River Street, as laid out by the Selectmen and reported to the Town, and to raise and appropriate the sum of $300 for land and property damages and expenses of acquiring titles.
Article 33. To see if the Town will accept and allow as a Town way, a portion of Watercourse Road (causeway) as laid out by the Selectmen and reported to the Town, and make an appropriation for land and property damages and expenses for acquiring titles.
The Committee recommends the acceptance of this street and an appropriation of $1,100, $100 for expenses of acquiring titles and $1,000 for damages.
Planning Board has approved this layout.
Voted (Unanimously) : That the Town accept and allow as a Town Way a portion of Watercourse Road (Causeway),
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as laid out by the Selectmen and reported to the Town, and to raise and appropriate the sum of $1,100 for land and prop- erty damages and expenses of acquiring titles.
Article 34. To see if the Town will accept and allow as a Town way, the alteration at the corner of Manomet Avenue and Old Beach Road, as laid out by the Selectmen and reported to the Town, and make an appropriation for land and property damages and expenses for acquiring titles.
The Committee recommends the acceptance of this altera- tion and an appropriation of $100 for expenses of acquiring titles.
Planning Board has approved this layout.
Voted (Unanimously) : That the Town accept and allow as a Town Way the alterations at the corner of Manomet Avenue and Old Beach Road, as laid out by the Selectmen and reported to the Town and to raise and appropriate the sum of $100 for land and property damages and expenses of acquiring titles.
Article 35. To see if the Town will accept and allow as Town ways, Cooper Street and a portion of Braunecker Road, as laid out by the Selectmen and reported to the Town, and make an appropriation for land and property damages and expenses for acquiring titles.
The Committee recommends the acceptance of these streets and an appropriation of $100 for expenses of acquiring titles.
Planning Board has approved this layout.
Voted (Unanimously) : That the Town accept and allow as a Town Way, Cooper Street and a portion of Braunecker Road, as laid out by the Selectmen and reported to the Town, and to raise and appropriate the sum of $100 for land and property damages and expenses of acquiring titles.
Article 36. To see if the Town will vote to raise and appropriate the sum of Fourteen Hundred Dollars ($1400) for the purpose of installing a new main sewer in Cooper Street and a connecting sewer in a portion of Braunecker Road.
The Committee recommends an appropriation of $1,400.
Voted: That the Town raise and appropriate the sum of $1,400 for the purpose of installing a new main sewer in Cooper Street and a connecting sewer in a portion of Braun- ecker Road.
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Article 37. To see if the Town will vote to raise and appropriate the sum of One Thousand, Two Hundred and Fifty Dollars ($1,250) for the purpose of installing a new main sewer in Alden Street Extension.
The Committee recommends an appropriation of $1,250.
Voted: That the Town raise and appropriate the sum of $1,250 for the purpose of installing a new main sewer in Alden Street Extension.
Article 38. To see if the Town will vote to raise and appropriate the sum of Five Thousand, Eight Hundred and Forty-four Dollars ($5,844) for the purpose of installing drains in Taylor Avenue, a distance of 1300 feet from the southerly corner of Malaguti property to Bartlett Brook.
The Committee recommends an appropriation of $5,844.
Voted: That the Town raise and appropriate the sum of $5,844 for the purpose of installing drains in Taylor Avenue a distance of 1300 feet from the southerly corner of Malaguti property to Bartlett Brook.
Article 39. To see if the Town will vote to raise and appropriate the sum of Five Thousand, Three Hundred and Fifty Dollars ($5,350) for repairing the floor and for the painting and plastering of the small hall in the Memorial Building and for the purchase of new draperies therefor.
The Committee recommends an appropriation of $5,350 for repairs and new draperies at the Memorial Building.
Voted: That the Town raise and appropriate the sum of $5,350 for repairs and for the purchase of new draperies for the Memorial Building.
Article 40. To see if the Town will vote to raise and appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purchase of a diesel power grader for the Highway Department and dispose of 1940 grader now in use.
The Committee recommends no action.
Voted: That the Town take no action under Article 40.
Article 41. To see if the Town will vote to raise and appropriate the sum of Two Thousand, Eight Hundred Dollars ($2,800) for the purchase of a 2-ton dump truck for the Highway Department, and dispose of 1945 GMC truck now in use.
The Committee recommends an appropriation of $2,800.
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Voted: That the Town raise and appropriate the sum of $2,800 for the purchase of a 2-ton dump truck for the High- way Department and to dispose of 1945 GMC truck now in use.
Mr. C. Harvey Moore moved that the Town take up Article 97 before Article 42 and it was so voted:
Article 97. To see what action the Town will take on the disposition of the Town Infirmary and make an appro-
(By Petition). priation therefor.
Recommendation under this article left to the special committee.
Dr. George Wild moved that The Board of Public Wel- fare be directed to place patients presently living at the Town Infirmary in other suitable homes as rapidly as prac- ticable, The Board of Public Welfare to continue to control for emergency use the Infirmary and to provide a caretaker for the Building until the same is disposed of by vote of the Town or another Town use is found for such building.
Voted: That the Town take no action under Article 97.
Article 42. To see if the Town will vote to raise and appropriate, the sum of Six Thousand Dollars ($6,000) for repairs and improvements at the Town Infirmary.
The Committee will ask for consideration of Article 97 prior to action under this article.
Recommendation under this article left to the special com- mittee appointed to study the operation and possible dis- position of the Town Infirmary.
Dr. George Wild moved that the Town take no action under Article 42.
Mr. James Frazier moved to amend the motion of Dr. Wild by substituting the following: That the Town raise and appropriate the sum of Six Thousand Dollars ($6,000) for repairs and improvements at the Town Infirmary. The original motion as amended by Mr. Frazier was then put before the Meeting and carried.
Article 43. To see if the Town will raise and appropriate or transfer from Parking Meter Receipts, a sum of money for the acquiring by purchase or by taking by eminent domain of a parcel of land on the northeasterly side of School Street and being portions of Lots 38, 39, 40, 43, 44, 45, 46, 47, 48, 49, and 52 of Plat 19 of the Assessors' Plan, together with the
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necessary rights of way to Main Street for off-street parking purposes and for the cost of constructing said off-street park- ing area.
Recommendation under this article left to the special com- mittee appointed to study off-street parking.
Planning Board has approved as to layout, but information as to takings, rights of way, costs, etc., were insufficiently complete for them to take a stand on the whole project.
Voted: That the Town refer to the Board of Selectmen, the matter of the "School Street Parking Facility" and au- thorize said Board to make the necessary layout for said Facility and to negotiate with the owners of the land in- volved for said land and the necessary rights of way there- from to Main Street and to do any other acts necessary or incidental to preparing said matter for presentation to the Town at the next annual or Special Town Meeting. The Off- Street Parking Committee to act with said Board in an advisory capacity.
Article 44. To see if the Town will authorize the Water Commissioners to erect a new chain link fence around the Allerton Street Reservoir and appropriate the sum of Two Thousand, Seven Hundred Dollars ($2,700) therefor.
The Committee recommends an appropriation of $2,700.
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