Petitions - City of Somerville

134
45602
Thursday, December 11, 1930
In my ppihioriethis jurisdiction is very limited and the Department
of Public Works has practically full power to regulate billboards,
at least within the public view of any highway, public park or reservation
within the confines of the city. The board of Aldermen may refuse, in its
discretion, to approve a location, and thereupon the party petitioning has
the right of appeal for a hearing before the Department of Public Works, under
section 2, clause D of its rules.Clause D reads as follows:
"D. Upon receipt by the Division of an application for a permit
to post, erect or maintain^a billboard, sign or other advertising device
under this section, notice thereof and a copy of the application will be sent
by the Division to the city or town where such billboard, sign or other ad-,
vertising device is to be located. If the city or town objects to the location
it shall, within thirty (30) days from the date of said notice, file
with the Division its objections, in writing, and thereupon the Division
will notify the applicant, who will be allowed ten (10) days from the date
of such notice to file reasons, if any, why a Permit should be granted. A
hearing may be given by the Division before final action is taken upon such
application."
The Board of Aldermen, however, in taking such action, are
obliged to state the reasons why they have refused to approve the location.
The Board of Public Works may then make "a decision which will be final and
binding on all parties.
In my opinion it is very doubtful whether the Board of Aldermen
have any real power to pass any ordinances in view of the provisions of
the statutes ab'ov e referred to.
If there is some particular matter before the Board for action
I would be very glad to investigate further, and determine whether in
any particular case .an ordinance could be drafted which would be effective
and binding.
DJKtY
Board of Aldermen,
Somerville,
Mass.
Gentlemen:
Placed on file.
Kespectfully 'submitted
David J. Kelley,
City Solicitor
City of Somerville
Massachusetts
Office of the City Solicitor
December 6, 1930
Regarding your several orders on _the_subj.ec.t.. o£_Gro.s.s.o.vens' of thee
Boston Elevated Railway Company in the city located on Broadway at Liberty
avenue and also on Elm street, all introduced by Alderman Gobron, the following
report and opinion is hereby submitted.
_ . The questions raised, by the various orders concern the power of
the Board of Aldermen to revoke the locations of crossovers granted to the
company by previous Boards of Aldermen.
These questions hove already been answered by an opinion rendered
by the late city solicitor, William J.Shanahan, under date of February 27,
1930 as appears in the records of your board. This opinion was rendered on
order of Alderman Stynes. I am attaching hereto a copy of that opinion which
is the law regarding this matter.
In order to revoke a crossover the Board of Aldermen must have a
hearing after notice to the company and if the Board wishes to revoke the
permit, it must pass an order .stating the reasons for the action as provided
in General Laws Chapter 161 Sections 7, 71 and 77.
However, I have been in conference with the Street Railway Division
of the Department of Public Utilities and am hopeful that a satisfactory solution
of the controversy will be arrived at.
Just as soon as I receive definite information from the Public
Utilities Department with relation to these matters I shall be glad to report