We, the people of the Town of Swampscott, not unmindful of the practical necessity of delegating to a duly constituted Legislature the power to act on behalf of all the inhabitants of the Commonwealth in matters which transcend the boundaries of a single town, but firmly believing that the best government is that which is most directly that of the people themselves, of which belief we recognize Article LXXXIX of the Amendments to the Constitution of the Commonwealth of Massachusetts to be an expression, do hereby adopt and establish this Charter of the Town of Swampscott.
These by-laws shall be designated as “By-Laws of the Town of Swampscott”. So far as the provisions of these by-laws are the same in effect as those of previously existing by-laws, they shall be construed as a constitution of such by-laws, but all by-laws or portions thereof heretofore in force inconsistent herewith, are hereby repealed. The repeal of a by-law heretofore adopted shall not affect any act done or any right, accruing or accrued or established, nor any action, suit or proceeding commenced in any civil case, nor affect any punishment, penalty or forfeiture incurred under such a by-law.
These regulations are enacted to: (a) promote the general welfare of the Town of Swampscott; (b) protect the health and safety of its inhabitants; (c) encourage the most appropriate use of land throughout the town; (d) preserve the cultural, historical and agricultural/maritime heritage of the community; (e) promote the natural, scenic and aesthetic qualities of the town; (f) increase the amenities of the town; and (g) reduce the hazard from fire by regulating the location and use of buildings and the area of open space around them, all as authorized by the provisions of the Zoning Act, G.L. c. 40A, as amended, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
The subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas.