7:34 am on Thursday, February 14, 2013
I am in support of something being done. The by- law should cover "all property owners". I live across from Clark school and there is a property next to me that is unoccupied (the gas station). I make sure that my front walk is clear for people to get from that parking lot around the corner. If you know the area you know that cars do not slow coming around that corner. I am afraid some one will get hit ther on a good day never mind when there is snow. I think it is the responsible thing for "all porperty owners" to do.

i agree with louis massei bigtime

As Richard Yunker states, clearing the sidewalk in front of your home or property should just be something you do as a responsible citizen. And if people don't have the common sense/decency to do it, you make it a by-law with consequences. Yes, we live in New England where it snows --- so this isn't the first time this has been an issue (opposite of "knee-jerk", it has been proposed multiple times to the town committee) and probably won't be the last, regardless of where the elementary school is. "Us people" want it safe for anyone to get around either by foot or car, and I personally would support a new by-law.

I don't live in Swampscott. But I agree and its also a common sense issue....
You live in NewEngland its going to snow. Get a snowblower. I understand not everyone can run them Age Health etc....but I'm am sure when an emergency is in effect your neighbors would come together and help. Its just a matter of safety. We don't want to see anyone get hurt because they have no safe area to walk.

And I disagree with Louis bigtime. I don't think this is a “knee jerk reaction again”. We haven't had a lot of snow for a few years. This is on peoples’ minds now because snow buildup on our public sidewalks is causing a public safety issue now. I don’t think the fact we just had a blizzard makes the argument in favor of a sidewalk clearing bylaw any more our less compelling. This has certainly been a long time problem. Even a few inches of uncleared snow on sidewalks can cause a hazard if it leads to a few inches of crusted over, impacted ice- which in turn leads to pedestrians walking in our already narrow streets.

I find it intellectually dishonest that the majority of people have no issue shoveling their driveways (everyone seems to find a place to put the snow- like, for example, their lawn), but are not able to shovel a 15 foot path in front of their homes for the good of the community and the safety of our children. Defilippi is even proposing alternatives for elderly residents. Swampscott, snow blocked sidewalks are a tragedy waiting to happen, and this problem can be fixed with a little collective effort and consideration for our neighbors. Let’s do the right thing.

I live on Redington St by the school so I understand the frustration but it was a remarkable storm. I'm still working on my sidewalk... it's taken days. The sidewalks are a mess all over town, not just by the schools. I think in storms of this magnitude the town should shoulder some of the responsiblity for clean up.

We have to be patient and adapt. Because I live by the school, I know I always have to leave early for work on a school day because the line of traffic to drop kids off blocks the street and people wont let me out of my own driveway.

The sidewalks around Stanley school are icy and dangerous as well. I don't understand how concern for our children's safety is a "knee jerk reaction". The blizzard was five days ago and schools have been open the last three days. Regardless of whether Hadley will be knocked down or not, there still needs to be safe access to all its students currently attending the school. I would hope that the safety of all children attending our town's public schools is a top priority. And not just to "you people" but to all Swampscott citizens.

Our town has no buses and there are no school parking lots; our children walk to school. We have a commuter rail in town; commuters walk to the train station. We are a walking town. There is snow, untouched - with no attempt to shovel, on sidewalks (yet driveways are clear). This is a public safety issue - pedestrians belong on the sidewalks. I walked with my 5 year old son (without a stroller), in the street the majority of way to school with the work traffic, drop-off traffic, on icy roads with blind turns and hills. My husband walks to the train by the area Richard describes - that is a dangerous spot. We cleared the sidewalks for two of our neighbors who were away and I urge residents to do the same and be good neighbors. A by-law that would enable the town to ticket those who do not clear their sidewalks, with consideration for the elderly, disabled, or for those who otherwise need assistance, helps keep our residents safe. Other towns have such ordinances, like Salem and Peabody. Salem has a helpline, if you cannot clear your walk, you can contact them for help and they have a list of people who are willing to help clear your walk. During this past storm, we had two teenagers come to our door offering shoveling services - one even had a business card. When someone is seriously injured or dies, such an ordinance won't seem so knee-jerk. The town, the schools, and residents have done a good job cleaning up 2 feet of snow and we can do better, Swampscott.

Hopefully if this comes to town meeting it will be defeated again. Someday the town will have money in it is budget to clear the snow on sidewalks within a mile of the schools. After this 24" storm ,85' frontage on my home and no garage for a snow blower-I'm too old to start shoveling all that snow. Spring will be here soon. !!!

It was indeed a tough blizzard to get through, but I think it is reasonable to expect that people shovel the sidewalk in front of their homes just as they would mow the grass on the median strip between the sidewalk and the street.

I have both the fortune and misfortune of having my house on a corner lot near a school which triples the amount of sidewalk to clear. It isn’t easy and it certainly will get harder each year as I age. But it is my responsibility and for as long as I live there, I will always find a way to meet my obligation to the neighborhood. Those of us who complain about the increased cost of government and the waste that goes with it (of which I am one), should be the last people to complain that responsibility for the perimeter of your home would fall to you.

The real solution is taking the time to get to know your neighbors because at least one of them will always help out if you need it. I have elderly neighbors that are home most of the time…..their eyes and ears provide a security system for my home that trumps an ADT system. So with the few times a year that they need help clearing their sidewalk, it is not a big deal….I owe them. It doesn’t matter how young or how old you or your neighbors are, we can all contribute to health of the neighborhood in our own way.

The only way for the children to arrive at school and return home is to either walk or be driven. Having only these two options available then I don't think it is unreasonable to expect the town to provide one safe walking route to the schools. It is not over the top for people to be concerned about children walking in the street that is has been reduced in size due to snow and is hardly safe for two cars to pass in opposite directions. It is not fair to expect the person that lives in the house by the school to make it their responsibility. The people that have the capabilities to clear the side walks in front of their homes do. The town can pick up leaves, clean the streets with a street cleaner, and rake the beaches everyday during the summer.

I wrote the snow removal by-law the last time it was proposed at Town Meeting. I almost got booed off the stage. The people of Swampscott don't want such a bylaw. One friend of mine with a multi-million dollar house and a driveway that is so long it must cost at least $100 each time it is plowed moaned about the trouble and expense of clearing his sidewalk. It will never pass in Swampscott. I used to clear my sidewalk but with the houses on either side of me not doing it, I finally gave up.

I am presently have to walk my two dogs down the middle of roads as there are so few cleared sidewalks. I got "honked" at since I was in the way of an impatient driver. It is unsafe for everyone, including the elderly citizens some claim to want to protect. The lack of cleared sidewalks around schools have nearly caused multiple accidents, now and years past. I have also noted in years past that many of the houses with uncleared sidewalks had cleared (down to pavement) driveways and front walkways. It is not a knee jerk reaction, it's about not waiting until a disaster. It's about taking responsibility for your property. You own it, you find a way to clear it. This is a town I consider quite neighborly. Lots of young teens looking to make a few dollars.. I have all the faith that sidewalks can be cleared, we just need to get over this sense of "it's to hard."

Is there a state statute covering snow removal of sidewalks in front of homes?

When my street gets cleared I will clear my sidewalk . End of story!

I think that it is the ultimate of selfishness not to shovel your sidewalk. Kids walk to school, people to the train , people walk their dogs or just want to go someplace. People should NOT have to walk in the streets with its limited visability due to snow banks and narrower than usual streets and risk getting hit - especially kids.
What is this big issue about not affording it? I know people are on fixed incomes but when you own a house there are certain expenses you incur and shoveling your sidewalk to make it safe for others is one of them. As has been mentioned, the people near me who haven't shoveled their sidewalks all have nice passages from their driveways to their homes. And not all those unshoveled sidewalks are in front of homes owned by elderly people either.
Expecting the town to do it is ridiculous - we can barely afford the cost to plow the streets. If people aren't able or don't want to clear their sidewalks themselves, they should expect that they will have to pay for someone else to do it and make arrangements each winter like they do their mowing and other such work. Arrange for a teen in the neighborhood to shovel, give your neighbor gas money to borrow their blower or have them do it or bite the bullet and pay a professional. It isn't cheap but storms like this don't happen too often and overall its a VERY small part of your annual homeowner's budget and cheaper than a lawsuit! Be part of what is good for the community, not just yourself.

Well put Myjanda. And to those posters who expect the government to provide a sidwalk clearing service, maybe it is time to apply for subsidised housing in an aparment building. And Ariel you are also correct......why should it be "Too hard"? Most sidewalks could be cleared for a smaller amount of money than a monthly cable or cellphone bill. $40 goes a long way for a teenager that would be happy to help.

In years past, I have seen snow removal on Redington St being done by the town. Why is that not being done this year ?

Maybe we could learn from our friends in Salem http://www.salemnews.com/local/x1746088800/Clearing-things-up If we fined enough people we could put a down payment for a new bobcat. Personally speaking if you own property you should take care of the snow on the sidewalk, young or old.

I don't think I fully understand the reasoning to oppose the by-law. Is it because sidewalk clearing is not thought to be the homeowner's responsibility? If so, then whose responsibility is it? And what do we need to do to ensure they are kept clear given that it poses a significant safety issue to many people in our town, especially children. Or is the issue of clear sidewalks not thought to be an important enough safety concern? Could those in opposed to the by-law please explain your position taking into consideration the following: 1) The by-law would have provisions for the elderly, disabled, and those who otherwise need assistance, and a helpline to assist those who cannot clear their walk. 2) The sidewalks mentioned in the article are on routes essential for children to get to and from school every day. They are dangerous and/or impassable to the point that children and adults are walking in traffic on roads that are narrowed by snow and have obstructed visibility from snowbanks.

Good questions. This is *exactly* why we need a by-law; there are homeowners who do not think it is their responsibility to clear the sidewalks in front of their house.

I agree that a bylaw would be helpful, but it should have a "gentle reminder" clause of some sort providing a warning to the homeowner. It drives me a bit crazy to see an entire driveway cleared, but the 30 feet of sidewalk frontage left untouched. It's rude and unsafe. Watching kids and parents walk in the street because the walkways are piled high is unexcusable.

I also think that this is NOT an issue just left as an insurance incentive. If you clear the sidewalk and the melting snow forms ice, you are more liable than if you just leave 2 feet of it making it completely impassible.

Any bylaw should give a one day post snowfall limit with a one time warning to clear it within 24 hours. A little shaming goes a long way. Otherwise the town will clear it for say $5 per foot. If you have an 80 foot path, you better hire a teenager for $30 to clear it. I also think that any bylaw should define the coverage and minimum clearance width. It has to be reasonable targeting the serious violator, not the average resident who may leave an inch or two of packed snow on the ground.

I also like the Salem help line idea to reach out to other community members for help.

Anyone drive thru Salem and see how many people clear their sidewalks---very few. By- law will never pass and whoever proposes it will get booed off the stage. Give up people and move on to more important things.

Good Afternoon Bob- The safety of our citizens in the town of Swampscott is of most importance. May I suggest you ask one of the younger people in the neighborhood to shovel your sidewalk or hire a landscaping company. Ask your neighbor for help? If you can afford a house you can figure a way to have your sidewalk clear.

as Hammergjh states, the Town owns the sidewalk. Passing a law making property owners clear their sidewalk opens up legal issues.
CS

Mark
If I walk my dog and he poop's on your sidewalk and I leave it there you'd call it your sidewalk. If I stand in front of your house and make alot of noise at 2AM and wake you up you'd call it your sidewalk and probably call the police. If your sidewalk is cracked and has big holes the town will probably come after you and if I trip and fall I'll sue you because it's your sidewalk. Your homeowners insuracne will pay and then cancle your polciy for failure to maintain your sidewalk. No town owns the sidewalk nor should they clean it. What happened to pride of ownership, if you can't or won't take care of your sidewalk you should sell and move into an apartment. Apartment dwellers and condo owners alike have a landlord and they pay a fee for this service, so why does a homeowner of all people feel exempt from this responsibility.

Hammergjh and Citizen Swamp, you may want to check your deeds, as you may be surprised. Without knowing where you live, I guarantee that your property line ends where the street begins, not where the sidewalk begins. The sidewalk was put there by the Town because they have a right of way in that portion of your property for the benefit of the public. In Massachusetts, a property owner is responsible for maintaining that part of the public right-of-way that is next to his/her property, including the sidewalk and planting strip, or the roadway shoulder if unimproved. I am not your lawyer, and this is not legal advice.

Citizen Swamp, I’m not sure of what “legal issues” you are afraid of if the Town mandates snow removal from sidewalks. In 2010, the Supreme Judicial Court overturned the “Massachusetts Rule” and found that a homeowner cannot escape liability for slip and falls on an adjacent sidewalk by doing nothing (the so-called “Massachusetts Rule” provided that a property owner is not liable for any injuries resulting from a "natural," or untouched, accumulation of snow or ice, and thus liability could attach if shoveling was done badly, or if ice formed after shoveling). Essentially, after the Court’s 2010 ruling, bylaw or no bylaw, everyone in Massachusetts now has to clear their property or risk being sued if someone is hurt by their failure to remove snow and ice. A town bylaw would be useful because it provides a proactive incentive/penalty for those who don’t shovel- we, as a community, would not have to wait for the inevitable injury or death to occur before a liable homeowner is hit in the pocketbook. I am not your lawyer, and this is not legal advice.

NYL,
If what you say is true many property owners are in serious danger of lawsuit given the terrible conditions of our sidewalks on a dry sunny day.

I do happen to clear my sidewalks. What happens if I'm away for a couple of days and we get some freezing rain. Are you telling me I'm liable if someone slips and falls?
CS

Not only did Salem hand out 100 tickets yesterday to homeowners with unshoveled sidewalks, but they expect to do that number again today. Some people may not have been aware of the requirement, with the small snowfalls we've had lately, but they will be now and i bet you'll see them out there shoveling asap.
But better than that, the Salem News had an article about a how high school students were hired at $9/hr to help clear sidewalks throughout their city and over 40 kids signed up. That's a win win for everyone and while that wouldn't replace people shoveling their own sidewalks, it helps the elderly and those areas owned by the municipality.

I always clear my sidewalk, but do not support yet another law. It's the right thing to do, but we don't need more laws.

Well Buzz, since many other people apparently will not clear their sidewalks unless they are forced to by law, apparently we do.

So let us spend a lot of time fighting about passing a law, the lazy and morally corrupt home owner who doesn't deserve to own a home, (let's get that put into a law, can't own a home if not willing to shovel the sidewalk,that should be a bigger priority than whether they can afford it) let us collect all the data from other towns and see how they handle the issue, let's try to figure out if the town clears some of the sidewalks for the children to get to school if it is some form of welfare or government take over, The correct thing to focus on is making sure the kids can walk safely to school!

Corrupt homeowner, In some homes it's likely the corrupt owner worked as a laborer his/her whole life and developed http://www.google.com/imgres?q=spinal+stenosis+mri&start=166&hl=en&tbo=d&biw=1366&bih=619&tbm=isch&tbnid=-7WhYZOg1eQdkM:&imgrefurl=http://www.eorthopod.com/content/cervical-spinal-stenosis&docid=6UsGM6eXIgNr7M&imgurl=http://www.eorthopod.com/sites/default/files/images/cervical_stenosis_intro01.jpg&w=375&h=375&ei=C4cdUcayBYmy0QH7-YCYCw&zoom=1&ved=1t:3588,r:77,s:100,i:235&iact=rc&dur=507&sig=107790713652153385936&page=8&tbnh=188&tbnw=168&ndsp=21&tx=113&ty=146 It's also possible this person lived paycheck to paycheck and had no savings when they became disabled. Yea I guess that makes them corrupt. When I was a teenager going to school, you would see all the neighborhood kids clearing snow for their parents whom supported them as a corrupt homeowner. Good thing was the old parents got help shoveling back in the day and back then every winter was bad!

People we are a community lets try to work together, so much bitterness and hate. It's simple clear your sidewalk or have someone do it. We are a community, will it take a death before we come together? In this world today if we can't help one another that's a shame!!!

Interesting comments. I for one believe my real estate taxes should cover snow removal service and believe it is fully the town's responsibility for maintaining the public sidewalks. (I also believe the town should be removing all of our trash without limitation or restriction, but that is another argument for another day). I live near the Marblehead line on a corner lot, and the very spot where the Swampscott plows make their three point turns to go back into Swampscott after clearing Humphrey up to the marblehead town line. The marblehead plows also turn around right in front of my property to return back into marblehead. So, with plows from two towns, all that snow is pushed somewhere. Where? You guessed it... onto "my" sidewalk. You wouldn't believe the regular 6 to 10 foot walls of ice and snow that these plows create in a typical snowstorm in front of my property and also onto the corners of Bellevue and Crosman roads. Yes it is bad for pedestrians and dog walkers. Unfortunately, there is no physical way i or any of my immediate neighbors can personally battle those two town created ice and snow drifts to comply with this plan. If the town piles the snow onto the sidewalk, the town should bear the responsibility to clear it. If all of those with good intentions here want to have clear walkways, don't start fining homeowners, lets find a way to get our towns to do the job right. The good news is that it snow, and eventually melts.

Again, a lot of people making a lot of excuses. Work together As a community and take care of it.

If you are allforworking together and accomplishing the job to get done then there is no need to worry about the consequences of fines, penalties and laws. We're talking about working together and holding yourself accountable to get a very simple job done to create a safe community

Our town is in the process of cutting $1 million from our school budget, which means laying off teachers and larger classes. Sure, having the town shovel our sidewalks, rake our leaves and cut our lawns would be nice, but in the world we are actually living in , rather than the one we may want, the only way to clear sidewalks is to do it ourselves, at our own expense. Or cut 20 more teachers. Your choice.

This is another example of the administration of Hadley School and Swampscott Public Schools not taking action or responsibility for the safety of their students.

Instead they choose to take no action and put their kids at risk.

It is no surprise that we have had the changes in leadership in the school administration in town.

Mark Morrison,
The town owns the Sidewalk. That is not up for debate. Whether you like it or not, they own it, not the homeowner. They also own the end of your driveway. From the sidewalk to the street. They also own any land between the sidewalk and the street. This is fact, not speculation. Call the DPW and talk to Gino about it, he can confirm it for you.

Again, people are acting as if the "town" is a legal breathing entity of its own. We the people are the town, we the people are the government. The sidewalks are put in as a collective response to the need of we the people to travel the town on foot. As landowners, we are responsible for the sidewalks in front our homes. You can argue until the cows come home that because the sidewalks were installed out of a town budget, as individuals, we are therefore not responsible for the section that surrounds our lots....but you would be incorrect. A fallen branch, ice and snow, a broken water pipe leaking water from our yards to the sidewalk, is a homeowners responsibility to address. Do you think if the water pipe broke in the middle of your yard and was flooding the area, that you could chose not to repair it because it was not draining into your basement?

Since you mentioned Gino Cresta's name.....in your conversation with him, did Gino tell you it was the "town's" responsibility to remove snow from the sidewalk in front of your house?

My sidewalks are clear as are the neighbors for 1/4 mi in each direction. Sure enough, try to get to work and the people and their dogs are trying to navigate the street anyhow. Seems like a waste of effort to me. We'd be better off digging up the sidewalks and giving the town more room to push the snow back and easier safer parking. Not that the contractors came within 5 ft of the curb this year. I hope the town gets it's money back.

I agree with sillybird and Lenny's points. We need to think about this issue as a *community* and come up with positive solutions to making Swampscott a safe walkable community year round. Before supporting an ordinance for residents to clear snow from their sidewalks I think we need more information from the town (and school district) on what they are responsible for maintaining and in what time frame. They have a website and a robo-calling system and they need to use it! Once we have that information in hand we can focus on the priorities - clear safe routes to schools, the train station, bus stops, etc. and put resources toward those areas first. Then we can discuss what to do with the special circumstances - areas that plows fill with snow, elderly or disabled homeowners, etc. and figure out ways to address them. How about links on the town website on how to contact the local boy scout troupes, youth groups, and service organizations for help with snow clearing? I would like to see an electronic ride board so I could drive those elderly folks walking along the side of Paradise Road to their destination. Let's use our energy to lift each other up as a community, not tear each other down.

Very well put Alexis! Until those items can be addressed, I propose a Town Shoveling Party tomorrow (Saturday) afternoon after our next bit of snow falls and it needs to be done anyway. Grab your shovel, grab your neighbors, and as a few of you have already suggested, this can be accomplished if we come together as a community. We can document places where a DPW machine would need to help out due to plows having pushed snow too high to conquer, but also make sure at least one side of the street is accessible and safe. I'll be starting at the top of Banks Rd near the crest and work towards the Hadley school - you can choose to focus on what's close to your own home. Hopefully I can meet more of my neighbors and maybe those who haven't shoveled so far will be willing to help if it seems like they're getting help! I don't care who owns the sidewalk, but I know each of us owns our own conscience and I'd hate to think about the potential tragedy that could be caused by our current way of doing things. See you on the sidewalks on Saturday!

I just happened to be driving through town. The number of homes with sidewalks not cleared is 6 or 7 to 1. There is no chance that this type of town bylaw would pass.

Not sure what town you are driving through, BigBlue4Eva but I've noticed the opposite in my travels- the majority have shoveled but there are a few holdouts who haven't.

Also, bottom line, the law in Massachusetts is very clear The Massachusetts Supreme Judicial Court recently ruled that all Massachusetts property owners are legally responsible for the removal of snow and ice from their property. The case for those interested is Papadopoulos v. Target Corp.