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1941-PLANNING BOARD A meeting of the Planning Board was held on Thursday, l March 27, 1941, at eight o'clock P . M. The following members were present: Mr. Louis E. Baker, Mr. Henry J. O'Donnell, Mr. Edward E. Merrill and Mr. George P. Mann, Jr. Mr. Baker, the vice-chairman, presided. It was voted to go on record in favor of the proposed extension of Lincoln Road in South Salem and it was further voted that two members be appointed to represent the Board at the public hearing to be held on this proposed public way by the State Department of Public Utilities in Boston on March 31, 1941, at 3 P. M. Mr. Baker and Mr. Mann were appointed to represent the Board. The Board discussed other matters, including street • widening plans . TYe meeting adjourned at 8.45 o' clock P. M. Respectfully submitted, yyl�t� Secretary of (Office of &V (glen t rsG � April 71 1941 — Jinn J. C�amxell�r a;t�af<rk Psi nw3 &ag Mr . henry J. O' Donnell, Secretary Planning Board 46 Washington Square, Salem Dear Sir: At the meeting of the City Council, March 27th, 1941 the following was referred to the Planning Board: ITAn ordinance to amend an ordinance relating to zoning. Be it ORDPINED by the City Council of the City of Salem as follows: SECTION 1. The zoning ordinance is hereby amended by grant- ing to the Board of Appeal the authority to grant a permit in general residence districts for funeral homes, including services incident thereto. SECTION 2. This ordinance shall take effect as provided by the City Charter. 11 This amendment to .the Ordinances was presented by Attorney Francis E. Rafter. ATTEST :- \ CITY CLERK I EDWARD L. PEIRSON, M.D. 374 ESSEX STREET SALEM,MASS. April 12, 1941 Secretary of the Planning Board, Salem, Mass. Dear Sir: Having been advised that protest to changes under consideration by the planning board should be in writing I am submitting this second letter. I wrote to the planning board before submitting my protest to allowing any changes in the zoning laws in this section of Essex Street or the establishment of a funeral home at 378 Essex Street. As you know since that time a proposed ordinance has been wubmitted to the planning board from the city council which, if approved, would allow the establishment of funeral homes in any zoned district by simply obtaining permission from the appeal board. I am submitting this letter as my official protest against approving this ordinance. Although I assume the primary purpose of this ordinance is to obtain permission to • establish the aforesaid funeral parlor at 378 Essex Street, it seems to me that, regardless of this issue, any such amendment to the zoning laws would be most undesirable as it would affect all zoned districts in the city and would be a distinct detriment to all residential property owners. It also seems to me improper that the planning board should delegate authority that properly belongs to it to the appeal board. Sincerely yours, Edward L. PeirsOn ELP/h ah 777777 7 gad t 3! .n THP; s5 Planning Board ) phy'a fault but due to the colonies of amall,..families there where 'there Continued from'First FVa age •- ece no industriessnd where the.tax rate and valuation are less,.this De YY fag meet, .always,true in ,smaller. resid districts j places The problem m Salem, he. H�'r, the specific location at went on has been and will be more. Ague is at " ' a'"1 `n 1',4. so, that. oflarge homes eight or 10 378 Essex �$treet D ' rooms ornate dwellings not readily' ,now In a-restricted zone, which 11. .adaptable to immediate sale and al- 'tlesired .:Dy=Francis J. Murphy,. of most impossible to,keep due to the ithe long-established firm Of P.. W. upkeep .and taxes.�Aitd he, saw.ir6' ;Murphy & Son,.funeral directors, as .reason :why,. a peaceful and polite. an undertaking home.�,`y neighborhood should',be changedtby, 'The original petltlom,•on which the.:the granting off-a funeral boma per. 'liearing was held, does.Cnot'refer to 'mit. any particulai area abut-takes 1n'the„ Atty: Rafter, coneInded,hise main, city In general.. Following-the press argument;at 831 A%few minutes entatlon of forceful argument In be- before he concluded.'g some jItalking. half of Mr' Murphy, Atty.';'Francis E: s'nd'laughterson one?aide of the Rafter submitted•a pioposed ordln ,'council ,chamber was`audible and anceitw encend'- the existing zoning: this"caused ,counaWto'makela�re=' flaw by changing both>sides Of Essex-'msrk•abcut peraans:..;.' street, from North•streetto Boston : Better Bred Than He l!street;.from a.general'residence'to a having regard for the'iightc o1 oth¢`. F.semi-residence .zone. Such a 'meas- are and`that he,had not said any, lure;' counsel vexplained would pre- e . vent?running tato the difficulty Of ',thing ay,to t'srouse uridicule} Other spot zoning, 'as ruled out by a -pommeata at this point resulted ln,1, LM supreme :smut decision and a brief spat,'between ' 8 Reardon and Rafter.. Mr. Murphy would-thereby accom A ,+ plLh his desired purpose ,,. �- Walker Cahill" who hes attended Counsel-for the"opponentsAtty planning board,meetltlga„Defore said Charles E ,Halliday and`Atty. M'T he would feel remiss Sn hie duty if; Reardon argued against'-iboth xthe he did not iregister,approval of this original petition andthe.,new pro- ,petition He contended,'people ,were posed amendment,-,declaring that an here who•had nbt,eet;foot 1n4tna' attempt was being made to. t ^' council chamber before dharg5ngg; Circumvent Lhe Law "They had,it talked into them and ' it fe a sad-cammentar which they urged ito be uphold y to De able When .the hearing �was,.called tO to Het hundreds;of people to oppose s order at,8.03 P.%M., aH live mambers;'thing but if;tt,is a'worthy cause-It sr�'b', ' -+ , of the planning board' were piasent`., Se hard to. get 30." Be .was soiry,,tp wort decision,.Atty, Reardon again they were not looking Yor;a blanket. :warren H. Butler, chalrman; Lou1sE,see Mr "O'Dcnnell_,withdraw He ze- declared that not one thing had.been ordinance:but for gonia a,provision Baker: vice.chairman."who presided;, rrlembered!'snother.:,hearing"and`•be' Offered',to show.the,need for amend- whereby„Nf. Murphy can do his.bus-. Henry,J.,O'Donnell„Edward E' Mer- ;was' ssked'„to„confine.�his remaiks 1ng,the..zpningoordinance4as`s mat- mess'and- meet.the 'desires, ;needs r111 d George Peabody Mann Jr.,-',, to tris Sesuep and'saying.that,he was ter of public health.,etc:All that Mr and iconvenienoe of•the people. 'getting, to” -.speaker enld urP Y', ` Neither. Atty Reardon visor 'At At he outset, Mr. O'Donnell sacra• Iia hwants Is to,do„business he '�f`. �• torryy y' the..board`and'.hImsell %n herwas oppoma,vto°theizoningllaw asserted'4 �•, d :Y a' - ...;L14, Halliday,had.;any,rebuttal,:,to.offer un, �k ar, announced tthat ^he ln'Its entlrety, charging;that the city Be conaldered?this move a eubter- Atty.- a herring closed g- 1that wit we ]tc,be fair to, Oth'_sides and In .has put one.over On the people.i,;'Or- rugs to Ic rcumventtha law as enacted Atty.- Haker;announcing' that th .view •Oj�the I.clrcnmetances, he ex- gan}zed minerlt does those thin s; 6y the aeglsiature.and interpreted by boardl. wouldq give;dUe.- delibaratto. ressed, a' wlllin sea, to F,d uglify y' - g- - and consideration to the.'arguments P '1 he asserted:",: those the supreme count: . - himsell if an of tae.rapresentat/vea through and we flno ever` p4' r felt'he sriould'not alt Snpn this ,ase. y year hur- ' Commen�,ing" that,..there are?few dies hn Bible for the peoplo"to residential areas left 1n�Salem;'Att�. He addea that ha,would not take any gurmaunt. He ca11eU'the zonln h Reardon_`polated,'to'Chestnut street l exception as e. pe rsonsl:reflection fa g ` - .any way. .. , F ,rr Law' 4. Obstruction �. p and.its contiguous:sections, ;being Atty.,Rafter cited his•appredetbn to.business`comigg to-"'Salem °'"+ on Of the moat 'important: '"77ie Of t elicacy. o1 Mr,"O.'DOnnell's --, Some 26,' ersoas charm'of the homes should-be,pre, position and aid St Would:be all right p gave„thkr vraainea served he said. "It 1s one,of the e `as Fbeing!.In favor of the 4petltion " "'Moat Valuable Things with him' and Mr. Murphy 11 the, There were`no'communicatlans ;.to boWd'member felt'that.It would be rtha board#Sn favor axile t those we !have; and wo.'should >do every lesa.embairaseiag for aim not'to-sit, p „pia= thing:in our power to preserve:these. 1n and the tally vote he:,alight ceet rented by,.''eounsel"n .+ r-` mansions: ;i, e r .;s r . here might be misinterpreted. - 11 James ., J.` Welea,- >~Weahtngton f Specifiying Atty...Raftars aigumerli Both, Attys. Reardon:and Halliday': square f`reaident4 anis he hada Ob- ss:s`strong 'appeal"to. the a otlons,S tossed their confidence Sn Mr- served tae: O Donnel „funeral khpme exp, cousel res¢erted be had lust ea much` r on hie street and Yotfnd Stk to have O'Doanell's integrity as a citizen and- respect for'd the,dead n any 'race; as a member of the board, *are per, dlgaity.•decprum and order He was creed ser' aetignelity and while he .fectl sstisfled,that he would act ac, of the opinion that the conductor ' yy placae irealiae" y did not bike to tliacuas St this, 'he cotging to his. beet judg=lient?,and {of such the have-a stated was nothing but a cold-• therefore they - responalbillty and"as, a.result hood;+ z blooded�$uslness proposltlon *"'He Had No Objection°z ;," tr 3umlam soon disrppears.'-He felt there wants to' open a place of Dusinees l wast w..ea...ti,s.......rnenw2.:,,LhA<eeked. He. . :Had No Objet ion n: . oo, appears:', a at there- wants to:open a` lace oY;busla�ee� V.- to- his sitting is �~r.'.. �, ;+y °°eat% 3ot,.of hystaria,'ebout what. butwh' o there?", he,asked.: Iii However'":- Mr ,OI]on¢ell asaerteG °right happen and ,that Murphy clted�l caWons of'.any undertakfn{ j that this mote or leas;put him "oa ;should be glean some:,consideratIOo.. establishment On..divers aebtlona-�qi J;a spot"andwhlle'he was not run-. .> brief'reoeea i a"¢called at this the city., including,busl¢esscaeCtlotta ming sway from the case and he-never PQint (9 F;M j slid when the hear=` ducked;an Issue,he,was perfectly will:.Ing.Was resumed.'l0 miautesklater`. He set forte•Ghat when the'tonin( Ing to�step:aside and an other 'Atty. Rafter preiented..;hls proposed law was adopted only'after care'ani members'.declde ,.He:thea lett , e' ar{rendrent,of the.zonlrig ordinaace'-atudy,'undertaking places were.pui . on lsaes-street between North and properly-In a,business`dtstrictti sn 1 'off rl;cnahSb' after amore slumg Boston. -'- - have remained therefor all- iha3 bIflCer .Mr.'.eaker had e:assured film aTh e flint'to's eek.faro s' time.T"`- °r- u *a+. 1 j alit present-had faith in lis integrity:, p ppoeltion A i $ �Ia opening the debate;, Rafter:was AUV. Halllday:who revealed that .r There,was, ,Some. banter- commented that,there Is.nothln m; until Monday he-bad no knowle ¢' Counsel•.(Reardon and Rafter);,whe the zoning ordSnance m:aay-wavier -of,'sny party being interested'In a78: the'=former'remarked'a that l only i tarring directly.to funeral homes,that .Essen street. ' As far,aa his n,Clients�'ahort,.time Sago the>,latter was.'ir the 'problem of funeral,homes,was':were'concerned;-,he said.,they were objecting,to funeral homes Ix not a present one when,the•law was Saterested''sclely,oa the merits of hav He discussed the.chwacter of upper adopted, that%there was no occasion ing the!:zohlag-ordinance amended. Essex-street.m not uvifig`chenget M�gIva it much wet lit.thea, but that. Despite tbe'eloquence of Alt Rafter. 'substantially land'No. 378 as not,bej aril' the.whole compplex`of;living has he professed.to be 1n the dark as'to Ing on theedgeof s buemess distriel been changed.Mentioning,the growth the need of a ehangeafa..the law He. ands�ae,aurrbunded"oa all sides by 'af 114, apartment houses ",he tasked: $cored the s.:.f a >� ,s , ,, t� y. r'4 j;Zones for;Restdeats g "Where are,they to go when rdeath a"., Abuse of People- rtY „ The real purpdae behind a}l,tbs.,hf strike's to payrctheir-last.lrespecta7" who have Been fit wexerclse. their.,contended;'Is to.single out one 10, He''decrled.,.any suggestion that a,-right that-"so aeldom;-is i recognized » g funeral home be opened up in,a bua1= 'of being heard for or against a.prop- declared fiat the'like Atty. Halla$a, _Callon. people he represents IIess.district. .„e s ^: i s are realdents', taxpayers and bore } Atty. Rafter contended that the - 'Atty Halliday u well.es,Atty: owners of-the city,are exerofsfbg.Rhgi; zoning ordinance was loosely drawn, Reardon:"later, was'ih full agree rights:has American citlzena•;.and asserting that,a clubroom could w• - meat tef si Atty. Rafter asl to the "should:not be Insulted as they naegg `Usurp'the Flnest'Place character acedy ability and standing, been insulted here tonight. "I rment 7nj<.tbe cl s of Mr. Murphy It fa not ,attack that,, he added, - �,� ty'aad rsnothiag eovld1be o¢ hlms he said but whew `gn about-it wHe madearticu gltlons have It then oou• He feared that' it then door w. ecce ,yo CAestnut'{.`straet p' ltleaizogad er 6ed<SnF, - ocal', opened4forjtsms amen an lgdthe sa;e ,33re£ta�'E that9raeT n ,blwarr;at: geSe - lT tffi a a aecLlon�!o tho-reity'tware re re. out somea" e m whfch� asertet d w old off the'hf r" a dad there were plenty of deairabi rated by counsel m;opposition to were la Atty, Iters state ,ants re aing petition, as weg'as be4n 4 places.all�over the:city lcr^such- h g Barfling the'aoning.law',wlth.psrticu place "Let us keep.what we have; attendance,"'we all',agree tat lar reference- to itsc Chestnut be meta- the funeral;ho onsldepatlonl of he counselled "We'havesometma street ought to me es apiece o1 busf- to bi proud of here.t.Don't tell dow talned as it Is and,may it always be .nese. He ,;,pointed^out" that the the'thing which we cherlshand;to free from the taint oI commerce;' he .amendment offered'here.does not'�re- which p said. x- r,. & . - people are Working to praw"_ s.strict fire law to 378 Essex street. "Ig. Don't let something crawl in that will Counsel resenteQ any thought,that. takes fin:,any,plece'in`the=city lead, reap them down. There are ample he wes;trying to tear dowII.the arras out m a residential district and you pl tea them ngg-t0 that spot aa(� Lure of Salem that has:taken 'can': Can't camouflage it he'declared.,.- disturbing wig,the.reeide to tia.that:an turies,to create but he declared MY. Helit .clamred,,that,thls,acttOU was trict We`do not Seek.toIca use•Mr' Murphy, whose character.and stand -necessitated`to clrcufhvent 6 1 - i In mj the commuIIlt .he. raised,,is the law. Murphy;! any,loas, n to: -or:em• S.9ttitled to-a_pro er 9redentatfoa of '� handed down by Justice JBares•Jz barSssmeat. It la falx to eaeume that �ews., It 1s,not that he tsrtrji4i,. Ronan of')Salem fn the Tsupremq it he did'own the property he would t u s• lue lac court'decisioa He would' ISke to nee sa so,VM Is falx iro-as` ,that P 6 tory':..on Esaea -.the people�la,th t 3 y t her pointed'out, but only to as district have..'s:, has an arrangement to`buy it ',.On have 878 Essex-'streetrezoned How°;between home an he cited the area the other' Ift •he fa Causing a.&.- ever, in view*of the supreme court' Easek and Federal streets on- a4- . 7)amageto,the People „ decision against spot 'zoning ft was, Boston etreetas being available Ss It T- neceasary,to.file'-this:petitl9 w,f tie In a bUsfneag dlstrtct:" In that 'district mental and.maybe .. va.a :-Sxc 'Don't taw verComeq -f"'A monetary"rdamage 'He Where ,are you going to send wY o ., -. home on lneders]street:Why not turn funeral, hdmes7 he asked: .Where th warned..the board.1 y,dark`1luid' it over 1nto:a fvneral,hdme4'baso¢' do,,`they beloagr and whets Fare•theyT'thrown on=this t,plotur,e.;r As to car.; eluded s`.; .You can't Put them down'on'PTORt Stam businesses.doing business .iller' Samuel 8 Batchelfler. 338 lissex street or:alongside of,a`juak yard,•agally m the upper:Ess ex,atreet.area; street Said;hd..wouidallketo.do:Mr! 'grocery store,-a lunchroom, s shoe he'coatended thst'was,only„belrg. Murp_hp.a.`fador$ it did not tread-on ehme parlors .zn ± s-::$ ° ^. -used lie an excuse for"this petition anybody,else's toes,;but he also would s-He noted that there are,no funeral, a¢d was no argument rfor-throwing! like to do'a kind act;for-the-tamiltis -homes 1n-the 9vpper section of thai' the 1awoverboSrd,.a law which has next door„and SAACettt, AAlfred.P! city-and-stressed the;need of;auchi done eo much good+for:;the, city loft Goodell;;4'''Fedeial,street;.also spoke an establishment there adding that ,Salem.s a:t„ ' . Q' .t, x tt m opposition especially with-regard his olieat was,.�,ayw” 'r1qt dib '"if one igroup neve,:.tllair wlshea to}'breakin down,the; zoom ordt� y Eatitied to Consideration g ` -BrsnteQ -Atty „„Halliday. wottdered� nsace,.l'ie&asserted that'Mv Murphy, ":without draWing herr3ngs'acrose the .what would'.- preveht.;some -other could get "another Flotation` just as '4x11 He spoke of exceptiotte made', Proops y,come.la sbythat they may' near. t: ,r�^Ecy,e w'*,r`^ y,, kr,y to the }aw' as. a*means ofreaivagmg ahelrtwealth's looatlog_:and 'Slid I'% t Nearly"100 BaVe=tettn''ttamee�;1n old houses• end mentfonad`aueh III - d-He cited;%the Whin stances on 'Federal street';: - , law,as being;,to promote the health oppositioa.;6Most,of them were,trbm Cie "t ate wlilch could satdty conventeice, ihorale endwot the nelghborhood^m'yolved and3adl =be taken,fu this cases. Ibne,w to 'fare of'tlie-publlo,zsnd'quotinfrom jacent sebtiioas 3whlie'#ithere!`wefe strike 'isndertaker';out'of the•char the supreme court decision, he.added others from various other^wards cep ;atter,of business 1n ttie;zoning ordf ,that:changes ahovld a'not tie grads: the city +Arty HaFliday also. subs hence, but.he Salt thlssliould be re- 'lot mere,,;economic,.gain, Her ra. mitted is flat of 18':persona opposed, 'Jac d, ,,under' that,law eapbodg;distad th1.at. the•doors'were,open; r`Atlthls..polar Atty.'=Baker cal3ed could-o n,up, funeral homes atty toiLhL4 particular,buslneps 1t,would, 'for,-a show, of-'hands in favor,attQ Witt TNA.second was-to spot zone,';be,oaly a; 4uestionxof.time.when, opposed'.'=The proportion was aboui but this,'heC said would revolve rue- 'every bI _.I I would tryr,to have the'.three.to?;one agafnat,-:as eta-raugli !ping into,an'.injunction,,irorn 'the.-zoning Iawaeet Yesldekfor to, 'eount'of.something 116,alio,to 50.-1 R tioular banefit `3 He did not feel,that'.f,Atty. Rafter, speaking,l 'rebuttal: supreme court. a The third-;wSs u to pestean;ord was do 'in Lowell, aug= ;med -a'.general changed*to, aw, no in-.Jureed tlfaice, spot:j-deci lie 'was.,eC geated,'as was done; In Nowell, io reewit'gfor th cband of, rdina no leg l;,but denied siihls efoa,'we 4atJ ing the board of appeal the Qlsoretlon, necessity for Ws kfad of,ordinance. legal but-denied this,was ea '+et- to act , n qrw ;• T' ,: rs 3P realdeatiel'.dlattlets have changed,• tempt los:, r•,He pointedgout that"while e.the he stated, they could'go'dhto sicourt; k - ' w `* great bulk ot.Mr Murphy's bvataeea- .of�equlty ewfthout comthg m here.. ' circumvent.,the I.aw r Af its from'the at.James and St Thomas Although-his,clleats-realde la South:_but on'the. contrary;to,try :tostay parlshes, hls,'plade ofdbusmass Won �Balem,as'.citlzene,he;concludedt,they. 'within the.;law. If'Chestnut.tstreet Hawthorne boulevard,,:which is In :are lnterestied in evY.'Part of"the,er folks were wedded to,'the preserve.' ah'0ther parlahT �' : We are:not erased, ;;°S� sad ahY:act that, s r p tion-of their homes h.sbnieaedahepn Ing for a class;' he,declared. AH'.we '. Would:BrIn Unhappiness,%'?•+ noirek with care that:somebody with ;are trying,to;'do Is'totranslate his to any,other part would react on gerdrfor traditfon_dces not°app; activity „somewhere,convenient ti for them ., ' .d " a to violate the zoning law there`..He c- ��',` :. agreed that:that district was the last nim and the,people of hls.falth He Ice operring. his aide, the,oSse, ,refuge a.of': a pgreat^-,Salem x`,Duff said his cheat had an average t•of .Atty Reardon asked to bava+the,pe- he declared it could,not`be com died Shout syw , }.,ra' -tjtton oa winch the heart P Kti 35 Funerals a'Yea[, "$$ tb was be-. with son e.'street.-i H1atd Ae 01je that a p s - t f :ung held reap,agaln and;tthea asked a pecsba;could,go into k�Cheatnut fora about Una:in every two'weeke. x'l. Mz Murphy'ia couple'.:of questions street.rlght'now and'rula1t,if wilful j-n He read a�3etter Srom Clty Mes%hal,`regarding:the.length ovtime he-and. enough to'do 60, andtthere IS h6th= .John C •Harkins Lo the:;effect•,first' his'j%then liefore him°had;been°dd Sng'th'e'courts ithetcity1c=nniI;or itherezwould,,lie no,traflfc aproblenu-. Ing business^on if e,boulevard .anybody alae could do'ebout It. at, : !at.the proposed slocrtfon•iand'thaf r(}g pears) and nor to::that whelp x Re presented the l v,.aten.to,:take_YuaeralDomea:out.At,.»r,we....a_ p___,_ - -. _ .,.pr'Oblem 4bBt:`nQ at t�"�'e °i;"roposed`'�''Socat o�n 1a yA'r"thBt (16,Years) AAd . y.step tto take Yuneral homes out v, Prior to that where a as tie3'",4he. ro e�"!9;Ira of'the buslnees area would help solve the" Hotel4 Hawthorne now 1a '(some. matter,.wh'em,Mr.'Murphy,attempted i the traffic coagestfoa there:�,He sub 86"years) {;}d.,,.¢ ,� ,7.;,#` to have`a Iunexas'honfs he,would.be sourTaItted -petitions m favors,bearing •''rE+eserting.tbat he,did not tty'h15: met with•�'the>sameP barrager of some,.boy signatures and read,letters caeca .'Ori,thd�stree ;'rAtty Reardon Jscticns-?He'had no 111uslons.to tbat:' from.the Young,VensF' T.:,aociety; AtAted ,that 'tre procedure'pts for the''-He-understoOd'the,:pofnt.of,'vievi:ofi St,-'Ihumas'Catholk"club'and'ply 18; .Petltioner_to prove hiatcase; sad,tlE q the�abutters.dgad.hs'would be.',the. A.home, that sects need of-a funeral atiaea I h¢ve'not hew anytbb ' jORe?to criticize tbam,oP'it.. In home In that section of the'cltg anfl aQvanced to 1Ustify,auy amendment fact, he aald it would,,,be . 'it..In ',As ito favorable action ' - Why are Lreae ehalleagas thrown "to grant`s funeral horba wlthoUt.6 ' ' tween the complexi of Essex street °utY'They soUrnded like as e3oquent about' at he was concern d: between{NcrthL t' Holton>:. Arty argument for''a ,Jury `1'.v- s that the •was la a Hafterrvoicetl Let malatainlrrg that nothing Iiai! ilelvin P wuuld:l us see what kind" I$� 7 not evea'le affected. He Jdenled Of sacred=ground�§we are traveralag been presenters. to ehoW,t - B Ja 9,ny subterfuge and urged,: on „He*aeeerted F that there;:Is the :'olieaacter 'or ^- ,€tllatttho: 'the board'to look;at.tisk matter;ob- 'astounding Alsco,very' o1"a.`dru tion• or the`surroundms�n 'quea- Jectivel 'p' Shat;' the store,: e1 ht r rooms Y j't Els redacted' B ng bougies; two ;nave tobanged;' counsel',i' ' , h�,t. :y meg m rehssddlafe rproblem]many churches a cemetery 'an upholstery there was no evidence tli"at the oP,'r;Amerlcan,;.Legloa home two e" pub- hand,`t}�atthfa wasg agage .oyher ]ibrsrtes, a^tea room a%g" statlon 11e welfare rthe,publlo,health, t e ,the rLl lit'' Qharge of an antique eros;; grocers,/a gar . public morale t•or the public' safety do nob find igade" and that.;:'you; age;•.a,barberr, shop g; iaao- salsa, would be promoted ry y ,time sa,'uaaertaker .every' room a shoe re a that" the whole failure. then chs ed: Dis yuEl have',& coubcil meeting.!! m,e sir Place.. ent,J of .the argu P ng:-the,.clalm ..that Upper a oleanlag �tablfehment a meat was ,-ea y a Essex streets has not ,chay e )ewe i a book stop an.emliloyan¢at cR A, r w For Eoenomlc Gain '- 1v^ Point¢a out that ba.oUt;of.76 et;uce ag end 18 edocatora�iiuded�la tothe petitiprier 1 .5y .tures tie'tween :North. aild,�Haston that area, a'�.,.s;. +x '"'.street contain some". for +t At this Juncture, he asked^ Mr: 'mercial'ehdeavor m of 'com t �He asked if,,funeral homes .were Murphy 1f ha owned the;pxemlaes ir. last•refu dee r any mora offs Ive thanaeome °at B oosecringe is the.'l these.pl es. •'Whitt e_ question. The latter Qeclsred; loose..thiaker;•,he- ar thea„ eo lc °• Bald b'e tlid nbt addlag„that.'if no,changes all ahocs •about?" P P care,to be interviewed^on'=the Daub were made"Salem rWould:still have The movementock6 ln;Town<House, B fY Marblehead, Irb,asfd k aot'Mur t' a * s .,s 1 .Atteru4uotlnQ�Irom g.tW.aupxeme; .00hCluded'�WWI.the atataWent¢ t3iat..;, fi4i f v t i ' 14N, I z , 11 yr « e mttak `5+.� y '' He Seated thavu the door Was - O nett,Sor.this,amendment 6aether. fl'tlM� h p ' "• M �6 # 4l g Y' d pit Sp t I. s I... � � S ��cam+» 9;y} '4 } r t• �:''„� ' 'r•'S, a e».ry r `i"�: Pabiiehed In Salem •a' * g Far Salem." Peabody. QGatblehead.� _ pekr" y 4 Essex: Manchester, Routley:Boxford. g5, e ii: X111111ilt�ler -. air �a �la�ne Iso t'll x � . 1� 15J 1 ., 1 x. Q 3 v �;t• zx a' fi � ra G W t a O:. dd f B The A... STI ,,S 1 t t +E \* 4 66 lose,+. .�i [ t4 a� ( y b CJ o" Loi^ r British Spitfires and German battleover the English ehRII 141.,tz.�: x,whlch Adolf:Hitler's Inftwaffe a Panama [fanal g porta or, e arrtvairar united;stares e e , - r a�' d!t RAF night`raiders attacke " s t and the hocks”at-Le'Havre.pThe Ulan , !`� it'ghters roazed.across theFBtraito �„__ Cl ,a .. , r •y, to new mission.' x•or those sons,and^dajighters who have never strayedll , In the channel fight, these^c 'from the home hearth -the �[eumon 'of,Mother sr'Day�'mstdlg Tokyo rMey,a7 (1P)--tieveral .ship rbc+.London=Four;German figh a- deeper devotion for the ethereal; aitd earthly'hhings,she' l ganFranclaco thaat the UnitedTokyo.eV S.. I 1,into the sea. ia:'_ - • .y - Berlin—Six British planes de symbolises; and=inspues t}ierSr afresh to{light a•glowof pride.,•: probably will close:.the Panama canal tl.;., and joy in the eyes of the woman who.gave them life }'' w to Japeaese shtpa,withIn 10 days', In aworld torn by �0r, hate and. greed,.Mothers Day�a:* a This.virtually-would shut oif,Jap- �,,, :„,s:r � � •` q will have a new significagcWxfor.freeb-born Americans u ` ansae,trade with the`s East'coast-of Waves of Nazi bombers ,� 1<cC hed ' `Glimpses of the sacred anspiration.of Mother's'Day have i'` eoutht'AmeriCa and forcexJapari to overnight at the-hig Clydeel• ip3 been given,the world 6- - an famous osis Amon these;;- - deliver Such principal cargoes•es atik ards,offGlas ow;'8cotiand�' v ked Y Y P g to the Test coast`.4s 'a r. f Liver Liverpool for the sixth atraight night contributions are The followi `undying lines As for silk, this would completely P lam. disrupt a profitable business now and bombed Ngithern Ireland-for th an before.your mohher y rt don by(,the Japanese i , :.,:, d. third',night n a row ,h, The;re rt could;not be confirmed A <British communique icknowl� i d ' WI}ham•Cowper +.a by any quotable quarter to Tokyo « edged that the raid on Glasg'+w we 1�1 + * WeAhington officials chippg c1r'in ,on a fairly heavy acale" inflictin a mother still � r r a' ' ' 'conefderabier damage and a-number, Iles at•baa ,Fh'aaCI a and,informed - Ij` thing alive �., = o " = quarters at the Panama canal could °f'1tie 6ermans,esid they also ti mbe Samuel`Taylor Coleridge ° d' not oY would not verify the report # Dumbarton and Newcastle.harbomi "v;v,a.* +»-+ Plymouth and Ipswich -i •' - y Nazi daylight raiders!continued:to faith.in'womankind •. I ' ,�'�... f i..'.• stab-at the•Dover; Invasion"'corridors Cilpld 8 1rrow> throughopt tae foreaoon','x" f`". . and tiustt in all things:high ' A p r-p- a' ,ttiRSince dawn;':& Brltlah'statemtut pppand tho' she trip and+fall 3 ljL "Deer Dpttk . a aaid,- there has beene conttnlwu soul with clay e . r' - ,. 4+v 5, h , 'u' y ti•. + enemy activity' -by*lighter aSreralt Tennyson �" Proviucetown,:Dlay 7 (1P)-Cupid near, the SonLReaet coast and"th y .a a 'ex + ik A' pl' f •ti has.a new wrihkle!riding. the Thamesiestuary,"s i ocean Julia beer bottle �p I = -€ British Control 0I1,Llne, ' k •y,sa:': xi.Found on thebesch near Hrgl}- '.The:Brltieti-Middle East' Command y A eland's Lights Coast Guard J station announced ,•ltorlay that 'hula erlal P A P , had x regathed control of the s yesterday was sl beer bottle bon- troops'" tainin this message v a+ +„+ v1tal.Mosul Hatfaoli pipelinein'Iraq for,. II®-n®red+ I m a fireman age 40, single and aud`declared that Iraqi tortes which w ;wining.to marry i, ropped have}been besieging the air'base.at : .t < r overboard from 4a ship WBBam Lake Habbanlyah'for itve:days were • i �+6�+�,1,sp' ' ' xf._ it Welsh care of'.American cousin, withdrawing, f.. ill : "+ + " 11�'erl7fAl �? ®� hR Prime Montevideo Uruguay 9 A `1 The announcement`came as• li A76Al s *t '' x �»' �' - Minister Winston Churc cramns .tprepared. f-„ ,« to give the House of,( the f iaeide r story 'oil:-,British reverses In 13 [J N -the`Balkans and North Africa.and eel''■'d�;3L �r Clty �l`dII'' `ews ask'a vote of confldence in his war 1`L1C�1.1 r §� s brr R t t`s{,` '4 S policies Brief Items ,�., A Royal Air Force , communique said that Qraqut9 who had`-capturod Mayor Edward A. Coffey will have a.poat'aloag the�MCI oil line, cut- If Saler Cents mSan several recommendationa'to,makel to T i is; ' ° thee:city cunei :when it-meetsm ' 1 Time-at Meeting of.the regular session touzorrow evening I ` x, For the most,part they have to do I ®'Sale -. °nWiSilver Pitcher e E with appropriations including,funds s y I for the Lincoln road development f.e ; municipal*stone'crusher Chap 90 ' s3 e• � s k;R § wy x, items legal,. Proceedings and: other 1 �t'ed�l.fl1[ items: „,B��HHHH��a t��1....e The planning board which held its a?e a'4 °d Q .l •�.scd�,.I.ellA@tai homesandla§t_nigon relative ht, QIT _11t61C :lg] bearlhg on Lhe petition re a ve JJ funeral homes and zoningSeat night` ®�,, „Y . is-;not expected to have• its report i✓. a^tyrn ? , x " readyy for•thecouncil until the May ` e, `]�, -a'. s :a a - 32 meeting. " � sed a Yesterday, the• mayor race,ivp' coPY of a F11i Times and Herald a Robert Rheaumei 4Ht aewapr-�%t4rh b at Suva Fi i IL 'i the 1 bil�su"i11 el I amour ing to ea the .� ■c t`i Y '}jan approximately 818,000 „ t- wagon and Roger,.G F93 is - - ".� i -8'Arthur street son of y' 9f GUUbault, owner of a vehicle, a i6 Today's."�Sio ak iv`. a , •tiken,to the„ hospftal,'by pas ng :, .,,E motorists. Rheaumeisuffered.latera-; tion.n of�both knees, a laceration of; .,t 1Vlarke I i, epor`t- t *: the,, nose ands numerous bruises;} New York,'May 7 (#J—Stock prices whtle, Bullbault sustained.'abrasions assumed Irregularly higher trends im of the left-hand and a scalp injury, s os Is said this mornin i xg. l f_ atofdayly acEdve opening of-the.markeE triat•they were considering admltting� ! Moving..higher by.fractions. were the lattpY for further”treatment of Anaconda"Bethlehem, DuPont, Santa' the head,injury. ,Neither ,of�` the; .I Fe;'LOeW a,_National Distillers New ,youths fs .eriously inlured,s the hos- York Central;Pennsylvania 8ailroadl pftal reported:.•Phlltp, bolucct of . . .a .U.'S.. Steel„West inghouse,':.Southeca earetoga °N.'Y.,-driver of the otherf Railwayy and Southern Pacific. _ On=the'downa11 a were”Ainerleen Telephohe, Cone61I ated Edison, Gen LDIN,Gr SILVER.PITCHER eral.Electric, Montgoma FormerSalemitetL, „ ry Ward and Nor th American. s J 50 Salem of. S Cent."Savings Bank m - a. • M - Obtains pMarriage `D SO Years of Service.' e- re Sold><erSaved=' x� �7 { after.graduating from Salem:.s'High y Lleense in N. -1a �R achool,Iand steadily sad aadvst;felly. One :Bottleneck.. , tt °" ,k "'k 'News) " .E 1 worked.libuself'to the posts of mes-. .(Special'.to The .Al senger,; teller,' s8slatant treasurer, ka Newburyport,,n ay,iy=7—The "city -New'York, May 7—Mrs.'.Dorothy?,[ treasurer and finally tb the; pitcher, council needed a unanimous':vote to SlatteryDYgas,21, formerly of Salem;A The inscriptions on the'. pitcher pass:tan emergency ordinance con now hof X198 West 188th street„New o read; •!From the ;board of trustees -tinuing a "A pro]ect One'member with their affection, regards and beat Sidney'N. Towle;.dr wen absent He York, and Ivan,PhiLips 28,aof,320 wishes,” and. "Successful long ser wea!at: Camp;Edwards.u-a selectee wtggtns street,:Greenport'N. Y., were e. vice in'a mutual}savings bank Sea Upon:;being advleed,'of,the;council's.=Issued a llcense'to:mart at'the,�cit ift to the"community." Observing'SO dilemma be teleplioned his'votoe`and clerk's office-here Y yaH •yesterday. They, years of.service with thea president the or in S'passed.'x° will.be wed`shortly 1n New'York(tlieel' W '.(GIFFORD HONORED—)"' - t couple said r +Cofitinued on Fifth Page.,. R .. 1 •Mrs Dyi;W' a native of�9alem,^is�id -- _ i the daughter, of Frederick bW anim ;When Shopping. ' 'Carrie MwellrSlatte P on G7_ rY Her reviousi 'Stop at I Ogi')Cafeterias marriage to Louts Dygaa, an\>d Inial. i +a9 T! , FDrt unch ,A"' 4 an.annuliment on April 8.-iMr:whll id I' lipsson of Jand Elizabe .liF2 Surprise sandwiches refreshing eoladsl Groome Phlllips,'was born 1n Hart-leR k; and.warning'hot.dish., msit. one ford, SATURI)Al! 4 TEL 1030-1031 - shopper's luncheon-menw,a' treat for Cona.; - a deg Palate,and.pules. a - : _ SM rz HEPBURN 6,CARY GRANT 3y'� raste the_;Dlfference" � ct •�� €� =s„ -day."< `p10 in i Oar kitchq ens andlbakeare open for A. i t 'R A IA ST®RY')Er a inspection at, all t mes ,. ma le,' Ti° 4 � R M The'STANLE,Y� } e For t [E P80GRAM -� ' s � F- `'Mothera nth A61'RDR MARTEL at the Duan 1 `CAFETERIAS' . reacted-at:230--d.4S.-:0;06 17aMAIN BT 12T'wASA1NGTON ST� 0 Your ,oi u an Peabody Salem : .,s •',`., gOId Thursdayiand friday. Rosalind .Russell;•sBrlall Aherne �' •"'' 4�'`x alis HIRED WIFE'r ; 'ARGENTINE'NIGHTSns �Rttz"Bros ra "Andrews Slaters' e p ,� � y�.-.�N>r m ,s"• rein �iNo piece oEjewelry ';;� m79 xso. plea.es itka#fen x % ails A ' , �inine heazt at any 4 a usl Dug �F� , : f` S ' t •..I age You ,May-as.% }t ass - • 4alecf strands,at $LOO • " t or,viovelyirgen¢met r,: Silo i. .- n _. -. cultured pearls from ' Sus 1 �.nrg ':x z> ra :`u 7's ;`� r ,e 3�0 �r �LO�STwER )P'OT- x�� x 1 us X7:95 Baked Stuffed or ABro11e4E Live Lob'eter, ~ a sop F F.'.Potatoes,.Rot'Rolle Des•p'7PJ w p� ,nip eart,.,Tea or Cofteea m ",,'4s- �• aiup. .�4 re Eton fro923 WASHINGTON ST 'LYNN -a a .Near..Shore.Drlve Tel.,LYnv 3-0048 .I Same kienu at LOBSTER SMACK , �H '� " Point of pines Revere 9 `� g w 1 v u HARRIS' ARCH -SHOES s t F For Mother'si:Day $9.00 Up M and ;BEVERLY . di • For True Comfort Buy "e ` TREADEASY„ SHOES '• y r 24'CENTRAL ST.w'X' s v' SALEM •. w , s 1 4 S, A meeting of the Planning Board was- held on Monday, May 6, 1941, at eight o ' clock P . M., in the Council Chamber at City Hall, for the purpose of a hearing on a proposed ordinance to amend- the zoning ordinance by granting to the Board of Appeal the authority to grant a permit in general residence districts for funeral homes, including services- incident thereto. All the members were present and- Mr.• Baker, the vice-chairman, presided. The clerk was requested to read the proposed ordinance. Mr. O'Donnell stated that he wished to withdraw from acting on the Board, if there was any opposition on account of his occupa- tion as a funeral director. Mr. Francis E. Rafter, appearing in favor of the ordinance, stated that he thought that any vote by Mr. O'Donnell would be misinterpreted and if Mr. O'Donnell . preferred to withdraw it would be agreeable to him: Mr. Michael J. Reardon and Mr . Charles H. Halliday, appearing in opposition to the ordinance, stated that they had no objection to Mr. O'Donnell acting on the Board. Mr. O'Donnell then stated that he would withdraw. Mr. Baker said that it was the understanding of the Board that there was no reflection of Mr. O'Donnell' s integrity. The hearing was then opened. Mr. Francis E. Rafter, representing Mr. Francis J. Murphy, appeared in favor. He said that there is nothing in the ordinance that refers directly to funeral homes but only to undertakers. When the ordinance was adopted there were no funeral homes and they did not come into being until some time later. When the need for them arose it was essential that they be located in good sur- f• roundings and not in business zones. The zoning law is not perfect. It allows a club-room on any residential street in the city. This proposed amendment to the zoning ordinance was brought in the interests of Francis J. Murphy who wished to locate a funeral home at 376 Essex Street and a general amendment instead of a specific one for that location was recorrraended because a recent Supreme Court- decision had ruled "Spot" re-zoning illegal. The proposed amendment gives the Board of Appeal the authority to specify .the locations in general resi,dente zones where funeral , homes may belocated. In this case,, Mr. Murphy wants a location in the part of the city where most of his patrons live.- At present there is. not one funeral home located west of Washington Street. From. this home, Mr . Murphy would not average more than twenty-five funerals a year. Mr., Rafter then read a letter from the City Mar- shal which stated that a funeral home at-j376 Essex Street would not create any .traffic problem there and such homes never did cause any traffic problems except in business zones . Mr. Rafter called attention to a petition in .favor •that ,he had filed which • contained the names of a number of Catholic priests, who do not ordinarily . si.gn petitions. He said that the .part of the City affected is. from the corner of North and Essex Street ,to the corner of Essex and Boston Street, and in this area are located a drug- store, eight rooming houses, two churches, a cemetery, upholsterer, club-room, library, two tearooms, two grocers, garage, apartment house, cleaners, jeweler, book shop, two music teachers, employment agency, gasoline station, barber, antique shop, piano salesroom, shoe repair shop, hairdresser, and eighteen doctors. This proves that this section of Essex Street is tending toward a business district. There is a definite problem in the city of what can be done with large houses, and under the present ordinance they could be used for more objectionable businesses than funeral homes. Mr . Walker Cahill appeared and spoke in opposition to the L i zoning ordinance in general. The following persons wera recorded in favor of the ordinance : • William F. Foley, 41 Butler St. , Daniel Hourihan, President of A. 0. H. , Frank Hale, 48 Winthrop St. , Margaret C. Brophy, 2 Dalton Parkway, Mary O'Brien, 25 Aborn St. , Margaret Jellison, 16 Highland Ave ., John F. Lyons, James Maroney, . 9 Fowler St. , .James M. Cummings, 27 OrchardSt., James J. Foley, 41 Butler St., Albert J. Duggan, 6 Harrington Ct. , Louis A. Pocharski, 204 Derby St. , Roderick Berube, 6 Ward St . , William E. Carr, _22 Southwick St., John A. Brooks, .11 Daniels St. , Joseph B. Fouhay, 36 Beaver St., Mrs . Francis P. Duffy, 36 Leach St. , Francis H. Hayes, 184 North St. , Leonard Kiley, 168 Boston St. , Lawrence Donlon, Hawthorne Blvd., Thomas M. Griffin, 1 Aborn St. , John H. Lynch, 54 Beaver St. , Catherine J. Griffin, 18 Orne St. , Margaret A. Kiley, 168 Boston St. , Helen Weed, 19 Aborn St. •- Mr. James J. Welch, 32 Washington Sq., spoke in favor as a resi- dent living in the neighborhood of a funeral home where he said cond- itions in the neighborhood were improved by its location there. Mr. Patrick F. Cummings, 36 Warren St ., spoke in favor. Mr. Rafter then offered the following ordinance which he sugges- ted that the Board might report as a substitute ordinance : "Be it ordained by the City Council of the City of Salem, as follows: Section 1. The m ning ordinance and map is hereby amended by changing both sides of Essex Street from North Street to Boston Street from general residence zone to semi-residence zone.. Section 2. This ordinance shall take effect as provided by City Charter." There was a five minute recess. Mr. Charles E. Halliday appeared in opposition on behalf of a group of residents principally from youth Salem. He said there was no specific opposition to Mr. Murphy but only to the proposed ordinance amendment. Mr. Rafter had not. presented any • arguments in favor of his ordinance. In 19220 Town of .Brookline vs. Cahill laid down the principle that a funeral home was a place of 'buainesso The ordinance as proposed would.affect any general residence zone . . .A more suitable location would be in the business zone between Essex and Federal Streets. The change .as proposed would establish a precedent; other- businesses would seek similar changes. ,When the general character of a vicinity. changes sufficiently, a change of zone =will naturally follow. Mr. Michael J. Reardon appeared in opposition and asked per- mission to question Mr. Murphy. How long has Mr. MUrphy' s business been on Hawthorne Boulevard, A. - Over thirty years, including father' s business there. Q. —Does Mr. Murphy own the premises at 376 Essex Street? • A. - I do not care to be interviewed on that subject. Mr. Reardon said that no argument had been offered to justify the amendment. The zoning ordinance is allowed by law to promote public health, morals, safety and welfare, but not private economic gain to the owner. Every argument offered by Mr. Rafter had a bearing on Mr. MUrphy' s economic gain. The proposed ordinance is a subterfuge to evade the ruling of the Supreme Court on the illegality of "Spot" zoning. Everything should be done to preserve the historic Salem homes to attract people to Salem. There is nothing to make 316 Essex Street particularly desirable as a funeral home . It should be possible to find places in the business zones where at least four undertakers are located at present. The only argument • for the location is a matter of convenience to up-town customers. It is fair to assume that Mr. Murphy does not own theproperty and buy it only if the amending ordinance is passed. Samuel H. Batchelder, 330 `Essex St .', and Alfred P: Goodell, 4 Federal St . , spoke in opposition. The following appeared in opposition: Robert Barton, 15 Chestnut St. , Arthur L. Lougee, 38G `Essex St. .' 0. J. Ives, 263 Essex St. , P. T. Haskell, 3582 Essex St:, B. D. Shreve, 29 Chestnut St. , S. H. Freedberg, '360 Essee St. , Dr. E. L. Peirson, 374 Essee St ., Mrs. David Huntirig, 24 Dearborn St. ,- Fred G. Woodbury, •356 °Essex St.`, Alice Robson, 135 Federal St .,` Gertrude Dane, 386 Essex St., Elizabeth G. Barker,' 39 Chestnut St. , J. N. Smith, 138 Federal St., Arthur P. Sulliven, 46 Chestnut St. , Geo. E. Percy, 359 Essex St. , . Charles C.' Tuttle, 21 Flint St. , F: P. Fabens; 1 Chestnut St. , Clifford A. Clark, 8 Clifton Ave. , Mrs. C. �A. 'Clark, 8 Clifton. Ave. , gilliam E. Northey, 23 Chestnut St. , Henry Tolman; 136 Federal St., Geo. T. Van 'Antwerp, 0 Beckford St. , 'H. H. Forsythe, 14 Fairfield St., Martha B. "Horton; 332 Lafayette St. ) ' Caroline T. Gardner, 24 Chestnut St ., Mrs. John Daland, 130 Federal St. , •Channing Bacall, 131 Federal' St. , Barbara P. Thompson, Chestnut' St. , Elizabeth Balch, Federal ' St. , Natalie Seamans; 9 Warren St. , Mary Bacall, 131 Federal St. , Mrs. Fred.Morris 22 Chestnut St., Richard H. Morris, Dr. S. N. Gardner, 24 Chestnut St. , Mrs. E. L. Peirson, 374 Essex St. , Allen P. Freedberg, 360 Essex St., Sylvia Benson, 7 Hamilton St. , W. R. S-ymonds, 1 Barr,St.,. Helen O' Connor, 8 Chestnut St. , Bessie M. Hinchey, 355 Essex St. , Caleb T. Rose, Richard H. Thompson, Chestnut t St. , Edgar Johnson, 6 Columbus Ave . , J. H. Hall, 40 Felt St. , Lena B. Woodbury, 356 Essex St. , Roma Phillips, 42 Summit Ave. , Margaret `. L. Ropes, DearborM St ., John Pickering, 30 Chestnut St.✓, Harry U. Riue, 80 Federal St. , Wm. H. Freeman, 31 Warren St . , Richard E. Blake, 30 Broad St . , Mrs. Geo. E. Percy, 359 Essex St . , Ruth Pick- ering, 30 Chestnut St. , Herbert Lougee, 39 Summit Ave. , Rebecca Haskell,, 3582 Essex St. , Mrs . W. D. Wooldredge, 48 Chestnut St. , • Jessie S. Tolman, 136 Federal St. , Mary W. Holden, 364 Essex St. , Edith Abbott, 18 Dearborn St. , Eleanor H. Rantoul, 19 Chestnut St ., Mrs. W. G. Phippen, 31 Chestnut St. , Mary Franks, 6 Hamilton St. , Marion Forsythe, 14 Fairfield St. , Robert Moulton, . 282 Broad St. , Mildred C. Moulton, 2821 Broad St ., Mrs . H. Northey, 20 Chestnut St. , J. P. Northey, 20 Chestnut St . , He-left 0. Coxe, 42 Chestnut St . , C. S. Coxe, 42., Chestnut St. , Sydney Felton, 17 Chestnut St. , Gwe$- dolyn S. VanAntwerp, 0 Beckford St. , J. H. McLellan, Corinne Benson, 31 Summer St.., Stephen Phillips, 34 Chestnut St. , Robert C. Seamans, 12 Broad St.., A. P. Putnam, 34 Hummer St., Edward C. Mack, 7 Forest Ave . , W. L. Abbott, .22 Beckford St. , Chas. H. Fabens, 37 Chestnut St. , Mrs. J. N. Smith, 138 Federal St. , Helen Falvens, Mary E. Bourne, Edith E. Abbott, Sally P . Barton, 15 Chestnut St ., Chas. F. Allen, 33 Warren St. , - J. W. Dane, 386 Essex St. , C. _H. Holt, 35 Warren St., L. H. Rockwell, 300 Lafayette St. , Margaret K. Haywood, 1 Pickering St . , Mrs. Robert Seamans, 12 Broad St ., Lillian P. Phillips, 42 Summit Ave . , Mary V. Allen, 33 Warren St. In rebuttal, Mr. Rafter said that the Supreme Court decision on "spot" zoning had noth'ing' to' do with this case, which is not one of "spot" zoning. There would be no affect on tourist trade by establishing a funeral home on Essex Street, and there is more need to worry about possible encroachments on Chestnut Street which the zoning lave would allow at present. No real business will go into outlying residential districts. The objection by the abuttors is understandable but not the opposition by people' who are not affected. Funeral homes do not belong in any busi- ness category. In the neighborhood in question fifty-two out of L seventy-five structures contain some kind of commercial enterprise. The hearing was closed. The Board adjourned at eleven o 'clock P. M. Respectfully submitted, n Sec t� • ��0 �1 � DDD ��..s.,— �.,.- i • ��c �-.S � a �� -� �� -- �� ,� ��, . �� -� � a �, �M .�, . . �- � �s - - v ) L 8 We the undersigned, citizens and taxpayers of the City of Salem, hereby register our protest against any change in the Zoning Ordinance relating to the allowance and permission to establish Funeral and Mortician Homes or Undertaking Establish- ments in the general residential districts in the City of Salem: 2 �, �� A meeting of the Planning Board was held at City Hall on Monday, May 26, 1941, at eight o ' clock P . M. All the members were present except Mr. Butler and Mr. Baker presided. There was a discussion on the possibility that the Witch House might be purchased by the House of Seven Gables Settlement and moved to Turner Street where it might in time be possible to bring together a block of historic houses between Turner and Hardy Streets. The difficulties of. handling traffic in the vicinity of the House of Seven Gables was considered. Mr. Baker suggested for study a consideration of the develop- ment of the waterfront at Salem Willows with an idea for providing better facilities for yachting. • On motion of Mr. O'Donnell, it was voted to write to the Great Atlantic & Pacific Tea .Co. and recommend that the Company give some consideration to the many objections which had been ex- pressed to the sign located in the parking space adjacent to the Company' s store on Lafayette Street near Wiest Avenue . The question of an ordinance to amend the zoning ordinance in relation to funeral homes was taken up. Mr. O'Donnell withdrew. Mr. Mann was appointed Secretary pro tem. A communication from Mr. Francis E. Rafter was read. On motion of Mr. Mann, seconded by Mr. Merrill, it was voted that the petition to adopt the ordinance be denied and that the following communication should be sent to the City Council: To the Honorable City Council, • Salem, Mass. , Gentlemen: ; The Planning Board, to whom was referred an ordi- nance to amend the zoning ordinance by granting to the Board of Appeal the authority to grant a permit in general residence districts for funeral homes, including services incident thereto, has held a public hearing as required by law and has given the matter due consideration. Mr. Henry J. O'Donnell was excused from participating in the proceedings of the Board. This ordinance seeks to transfer to the Board of Appeal the authority now vested in the City Council .with reference to funeral homes. The Planning Board -is of-.the opinion that such a tbansfer of power is not desirable and the best interests of the City would be better served by retaining the procedure as now set out in the zoning ordinance . For this reason, thee.Board- recommends that the• patition. be denied. r Respectfully submitted-, ; Chairman �_The.'meeting .adjourned ;.at '.e o ven '.o'.cloek . . Respectfully submitted, ' _ S cretary, w Seqr-et,ary ;pro tem. E I I r e i I 1 . i t 1 • t FROM THE OFFICE OF CHARLES E. HALLIDAY ATTORNEY AT LAW e- 157 WASHINGTON STREET ! SALEM. MASSACHUSETTS l XXXXXXXXXXXX May :28t 19410 Edward E: Merrill George P. Mann, Jr; The Great Atlantic & Pacdffa• Tea Go: ,s. Boston$ Mass,, Dear Sirs. There has been brought to the Salem Planning Board the numerous complaints expressed by residents of Salem In the vicinity of your storey on Lafopette Street near West Avenue to the advertising sign located at the rear of your parking apace adjacent to the store# • This Board appreoiates thatyour pro.eib7 is In a business zone where such a sign is permitted by law, but this particular business zone is a small one entirely surrounded by a long-established and well maintained rest- dential district* For this reasons snd in vier of the fact that many of the neighbors object to the sign, the Board hopes that you will agree that such a sign to more of a detri- ment to the district than it Is a benefit to your business, and that you will give favorable consideration to the recommendation that the sign be removed, Very truly yours, Secretary I _ . TELEPHONE SALEM 31! FRANCIS E. RAFTER ATTORNEY-AT-LAW • 79 WASHINGTON STREET SALEM. MASS. May 260 1941 Salem Planning Board City Hall Salem, Massachusetts Gentlemen: It occurred to me that in the last few years the one question that has been the subject of debate and cross-debate concerns the location of funeral homes. It would be difficult for me and I think, the ordinary citizen, to relate other matters of controversy that have come before your Board. Off-hand, I am unable to think of one except this disturbing question. My purpose in writing you is to say that I feel. • strongly that some recommendation regatding funeral homes ought to be made. I think it is agreed by every one concerned that the present prohibition against funeral homes in every place but in the business district is unfair, inadequate and impractical, I am sure that even the most violent opponents to the two ordinances before your Board will concede that the present strictures on funeral homes are far too arbitrary, It is further my firm belief that to prevent the recurrence of just these situations, some recommendation ought to be made to the City Council by your Honorable Board. I am sending a copy of this letter to Attorney Michael J. Reardon and Attorney Charles E. Halliday. Very truly yours, FER:EBR II I June 20, 1941 Hon. Edward A. Coffey, Mayor of Salem, City Hall, Salem, Mass. Dear Sir: The Planning Board has made a study of the traffic problems which will arise in the City of Salem because of the Bridge Street Railroad Crossing Elimination Project and submits for your consider- ation the following report and suggestions:- 1. Streets to be closed to Traffic:- a. Washington Street on both sides of the tunnel between Federal Street and the northerly side of Bridge Street. b. Railroad crossing at Bridge Street, at the foot of the tunnel. 2. Traffic Route Changes :- a. Traffic entering Salem from the North - Traffic coming from Danvers and North Salem, going in a Southerly direction with its destina- tion Beverly, t6 be diverted at Liberty Hill Avenue in North Salem over Kernwood Bridge to Beverly. Traffic from Danvers and North Salem traveling South, with its destination the center of the City, or the Easterly part of • Bridge Street, could proceed along North Street, make a right turn into -2- the Westerly end of Bridge Street; proceed along Bridge Street in a West- erly direction to Boston Street; turn left at Boston Street and left at • Essex Street, then down Summer Street to either Norman Street or Broad Street Extension, then into either the center of the City or travel East to Beverly along Hawthorne Boulevard. b. Traffic entering Salem from the South - Traffic entering the City from the South and mox'ing North to the cOnter of the City along Wash- ington Street, will make a deft turn into Federal Street and travel West past the Court Houses; then continue into either Federal Street across North Street or make a right turn into North Street. This will result in a great increase of traffic on Federal Street. In addition thereto the fire apparatus from the Central Station on Church Street will have to use this street in traveling North and West. In order to facilitate the use of this street for the heavy traffic and to provide easier access for the fire apparatus along Federal Street and • for a right turn into North Street, it is suggested that parking be en- tirely eliminated on both sides of Federal Street between Washington Street and North Street. Itis further recommended that parking be eliminated on North Street from the corner of Federal Street in a Northerly direction on the right side as far as Semon' s Garage, and on the left side as far as the Arena. c. Traffic entering from the East - Traffic to proceed along Bridge Street in a Westerly direction and diverted at Bridge .Street, at the corner of Winter Street, then to travel along Winter SPreet in a Southerly direction, passing the Hotel Hawthorne; traffic continuing on to Lynn and Boston may be directed across Derby- Street on to Corg ress • Street, then turning right at Palmer Street, then onto Lafayette Street. The traffic light at the corner of Winter and Bridge Streets to be used onlycas a flasher, inasmuch as there will be little traffic flowing in an Easterly direction. d. Traffic -entering from the West - Traffic coming from Lynn and Bodton along Highland Avenue with its destination North Beverly, Hamilton, Wenham, Ipswich and other points East, to be diverted at the corner of Boston and Essex Streets, making a left turn into Boston Street proceedig in a Northerly direction to Bridge Street, making a right turn at Bridge Street and proceeding in an Easterly direction to North Street, thence turning Left and procedding in a Northerly direction to Liberty Hill Avenue, then along Liberty Hill Averue and over Kernwood Bridge to Beverly. An alternative route would be to direct traffic towards Broad Street Extension, across Mill Hill, along New Derby Street and into i Hawthorne Boulevard. RECOMMENDATIONA AND SUGGESTIONS 1. North Street be made a one-way street between Federal and Bridge • Streets, so that traffic will travel only in a Northerly direction. This would keep traffic from going up North Street in a Southerly direction from Bridge Street and thereby relieve a congestion at the corner of Federal and North Streets. 2. Essex Street be wyade a one-way street, traveling West, all the way from Hawthorne Boulevard to Boston Street. The right turn at Liberty Street into Essex Street hinders the easy flow of traffic at this part of Essex Street. 3. All parking on Church Street be eliminated. This would cause no hardship since only a small section of this street between Washington Street and the Fire Station is now used for parking. 4. Eliminate parking on both sides of Lynde Street between North *and Sewall Streets. - 5. Sufficient and proper directional signs to be placed in differ- ent parts of the City, directing Araffic to the proper routes. -4- 6. All routes through the City be numbered so that motobists entering • and leaving the City may be able to follow a definite route by number from one end of the City to the other . It is anticipated that many and various problems will arise during the time that this Project is under construction and as- the various problems arise the Planning Board will attempt to deal with them and offer suggestions as to the solution of these traffin problems. Respectfullysubmitted, A meeting of the Planning Board wqs held on Monday, August 11, 1941, at eight o'clock P . M. All the members were present except Mr. Butler and Mr . Mann. Mr. Baker presided. On motion of Mr. Merrill, . it was voted that the following communication be sent to the City Council: To the Honorable City Council, Salem, Massachusetts Dear Sirs: The Planning Board has had under consideration the petition of Gertrude Hayes, Dorothy 'C. Leavitt and Lillian Drummond to change a general residence zone at State Highway* Tedesco Road and Loring Avenue to a business Zone. Before rendering a report on this petition, the Hoard respeetfully desires to present for your consideration the following observations:- The land involvod in this petition is part of a triangle which is an important gateway to the City. There are already on this same triangle two unsightly gasoline stations In the Ps tition for rezoning of this land in question the petitioners have as-yet no specific business in mind. Thus there is the possibility that such land Haight be used for undesirable business purposes or cause_ to be erected thereon unsightly structures: As this triangle is an important gateway to the City it is the opinion of this Board that the property in question, as well as the land now occupied by the two gasoline stations, could well be used as an attractive entrance with an appropriate sign showing places of historical interest and other attractions of the City. The Planning Board gould thereford respectfullyrecoAmiend that- the City Council request His Honor the Mayor to recommend an appropriation for the purpose of purchasing the following parcels of proporty at Vinnan Square:- • Owner Area Assessed Valuation Hayes, Leavitt & Drummond 64,246 sq. ft. (incl $p5910.31d3ngs) Leader Filling Stations Inc.13,504 " " 3900, Shell Oil Co. Inc. 10 529 " " 2700. 88,279 §12510. The Board would further recommend that this property be purchased to be converted into an ornamental park, and is further of the opinion that the initial cost would be a good investment and of great lasting benefit to the City of Salem. Respectfully submitted, Secretary Salem Planning Board Tlm meeting adjourned at ten O' clock P . M. Respectfully submitted, Secretary n s • y n f -'liHEREASi Y •. A proposed Ordinance for the establishment of funeral home.districts and`the rezoning of a-certain:area on Flint'' Street has been pending in the, City Council and in the a Committee on' Ordina"nces .for several weeks and certain persons having objected to the passage of 'such -an ordinance and con- ° ` ferences having been held between said objecting parties and -` persons in favor of said ordinance and the/said Committee- on Ordinances and 'other members of the City Council and said 'r ` - 'changes having been made in said ordinance; as first proposed '. '. and it appearing that' ail reasonale objections to said .ordinance ,having been met =witho the said Committee`�on - Ordinances therefore and hereby offer- the said ordinance , as so changed, for' consideration:'and action by the "said-.City X Council with the -recommendation that .the same by adopted. CITY.- OF SALEM y In' the year one thousand nine hundred and forty-one. An Ordinance to 'amend an Ordinance relating to Zoning. " Be it ordained by the City Council of the City of Salem as follows: :;SECTION 1.-,.,The.•Zoning-Ordinance and• Map- is hereby �, • amended by striking out ,in line '3 of Section 1 the word - "seven" and substituting therefor the•''word "eight." and inserting after the words 117", Unrestricted "Districts" 2 in line 10 of said Section l the word's` "8. Funeral .Home r . '' District" so that the section as amended will read as followss .: { " n �9 SECTION 1., � Establishment of Districts. .For the` pur- pose of, this. ordinance) the .City of'�Salem is hereby divided into eight classes of districts, to be known as: 1. "Single residence ,districts. 2. General residence districts. 3. ; Apartment house districts. 3 46 Semi-residence districts. 5. Business districts. 6. -Industrial districts.; . z <: 7• • :Unrestricted districts. 8. Funeral Home districts. rte . • J S5 { a • t A. J Y as shown on the map which accompanies this ordinance'' entitled "Zoning Map"1. filed in the office of the City Engineer, which `together with all the boundary lines and :designations. thereon' • r . is hereby made a• part' of ahisordinance.n '- SECTION 2.u. ,The.,Zoning°Ordinance and Map is hereby_ further`R 3, - amended_by inserting after Section 8 on page•;? of'.the' 'Zoning rF Ordinance the following Section to be designated as Section 8A and to read' as follows:' "Section 8A. Funeral Home Districts. In the funeral -home,districts no new building or. structure , or part thereof ,• tshall be`-constructed or used` andsno ' isting building or,, i structure or part thereof shall be altered' enlarged$ recon- structed or used fort'- A. or!'A. Any industry' tradel ,.manufacturing or commercial purpose.' s or for 8: Any purpose `except` one �or more of. the following specified uses: 1. Any purpose uses as .'are' customary+in ' t F ; general residence districts.:2 k' " 2. Funeral home's. ` 3. Such accessory, uses as •are customary; in, connection with the foregoing uses and are inc'idental`�thereto ..includin .aa rivate-- z o garage_ ,group garage or private stable:,; r' _ SECTION 3.` The Zoning ,Ordinance and ,Mapis hereby amended by t ° ' changing the general residence zone on the easterly side- of ' ' Flint Street from'Federal Street ;to the, business:district at, the junction of Bridge and Flint Streets to 'a depth of sixty :,seven (67) feet in'from the 'street line of- said Flint. Street to a funeral home ,zone,g provided, thata,in any building used. ' ' fora funeral home`°located in .the area herein_ zonedt the entrance or means of egress for any vehicles or other apparatus or equipment used in;connection with a funeral or' for the re ?¢ •' moval or transfer'of the bodiesaof the deceasedj'.,shall be on , . said Flint Street. ' SECTION 4. All Ordinances-and parts of Ordinances inconsistent, , here—ware hereby,-repealed.' SECTION 5. This Ordinance"shall take effect as provided by `the s' City Char er. , ` Approved Nov.' 15) 1941 a e r � g �� + + ro4 ; t , •R r, +y F v '•¢5 `'�• ) - .,r ' .. a • I e, r. iqs r!'✓: City of Salem In the year one thousand nine hundred and forty-one . An Ordinance to amend an Ordinance relating to Zoning. Be it ordained by the City Council of the City of Salem, as follows: *Section 1. The Zoning Ordinance and h4ap is hereby amended by striking out in Line 3 of Section 1 the word "seven" and substituting therefor the word "eight" and inserting after the words "7. Unrestricted Districts" in line 10 of said Section 1 the words "8. Funeral Home District" so that the sec- tion as amended will read as follows: "Section 1. Establishment of Districts. For the purpose of this ordi- nance, the City of Salem is hereby divided into eight classes of districts, to be known as: 1. Single residence districts. 2. General residence districts . 3. Apartment house districts . 4. Semi-residence districts. 5. Business districts . 6. Industrial districts. 7. Unrestricted districts. 8. Funeral home districts. as shown on the map which accompanies this ordinance, entitled "Zoning Map", filed in the office of the City Engineer, vh ich together with all the boun- dary lines and designations thereon, is hereby made a part of this ordinance. " Section 2. The Zoning Ordinance and Map is hereby further amended by insert- ing after Section 8 on page 7 of the Zoning Ordinance the following Section to be designated as Section SA and to read as follows : "Section 8A. Funeral Home Districts. In the funeral home districts no new building or structure or part thereof shall be constructed or used and no existing building or structure or part thereof shall be altered, enlarged, reconstructed or used for: A. Any industry, trade, manufacturing or commercial purposes or for: B. Any purpose except one or more of the following specified uses : 1. Any purpose of accessory uses authorized in the general residence districts. 2. Funeral homes. 3. Such accessory uses as are customary in connection with the foregoing uses and are incidental thereto, including a private garage, group garage or private stable . " Section 3. The Zoning Ordinance and Map is hereby amended by changing the general residence zone on the easterly side of Flint Street from Federal Street to the business district at the junction of Bridge and Flint Streets to a depth of sixty-seven (67) feet in from the street line of said Flint Street to a funeral home zone; ppovided, that in any building used for a funeral home located in the area herein zoned, the entrance or means of egress for any vehicles or other apparatus or equipment used in connection with a funeral or for the removal or transfer of the bodies of the deceased, shall be on said Flint Street. Section 4. All Ordinances and parts of Ordinances inconsistent herewith are hereby repaaled. AwkSection 5. This Ordinance shall take effect as provided by the City Charter . AW