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HomeMy WebLinkAbout1922-10-10 170 MEETING, OCTOBER 10, 1922. CO All Members Present. A hearing was declared open on petition of Mr. Fred H. Moulton of Middle Street for permission to erect a gasoline filling station at the corner of Mass. Avenue and Maple Street, the capacity of the tanks to be 6000 gallons. A number of persons in the neighboring vicinity were prssent. Mr Moulton presented plans drawn up by R. & T . Farquar Landscape Architects of Boston. Mr. Moulton explained that he had purchased the Frank D. Pe .'_rce Estate directly opposite the proposed filling station location and .'.at he intended to develop the 1; acres moreor less comprising that estate . He explained that he would be willing to make any variations in the plans of the roadwaj if the Board of Selectmen desired him to do so. .1r. Moulton presented letters from Charles P. Nunn and Daniel W. Weeks and also a petition signed by the following. Nelson W. Jenney William B. Foster Charles H. Spaulding Francis L. fluttrick Joseph Trani Ada Wilkinson E. G. Wheaton Wilbur F. Atwood L. Ella Wheaton D R. Knight Mnnnie A Tillson L. J. Reynolds James G . Robertson Arthur S. Tyler who were in favor of the proposed filling station. The only person speaking against the granting of the petition was Virgil A. Rice of Maple Street, owner of the property just op )osite the location. His claim was that the filling station would hinder the sale of the houses which he had built on the opposite corner of Maple Street The board declared the hearing closed and took the matter under advisement. Mr. Harrison was then instructed to write to Mr . Moulton asking that he change the plans so that the drives would not come so direct into Maple Street. A hearing was declared open on the petition of the Colonial Fill- ing Stations Inc . , Mr Allen Hubbard Petitioner, for the installation of a gasoline filling station, the capacity of the tanks to be 5000 gallons, to be located on the Plainer Estate on Mass. Avenue . Mr . F. A. Taylor of Wakefield, Macs spoke in favor of the granting of the same and explained that the gasoline used by their company was of a finer grade than the gasoline used at the various other filling stations. the photograph of the proposed filling station is colonial in architec- ture with e very effective lighting scheme. He explained that they had locations in various towns and cities surrounding and that their fill- ing stations were conducted in a. very fine manner by selected men of good character. Mr. Hubbard also presented plans showing the general lay-out giv- ing the frontage of the lot as 100 feet Fe said that the building as presented would cost the company $1500.00 to build, and that they would not be asking for a filling station unless they felt that it was a worth while project. A letter was received from Dr. Barnes abutting owner, also a peti- tion against the installation of this tank signed by a great many of the attendants of the Baptist Church. Dr. Barnes Was also present personally, as were also the following signers of the petition Mr. F. W. Miller, William I . Brown, Harry W. Patterson, Mr. Arthur N. Madison, and Mr. Leroy S. Brown. Mr. Robert P. Clapp also spoke against the granting of the permit stating that public necessity and convenience do not require it, and that there was a garage vithin a few feet away which will accomodate all of the requirements necessary. 171 The hearing was declared closed at 8 45 P. M. The Board after con- sidering the matter voted not to grant the petition on the ground that public convenience and necessity do not require it and also on the I strong opposition. Mr. Leroy S. Brown and Mr. Robert P. Clapp came before the Board as members of the Citizen' s Committee to secure the $10, 000 towards the purchase of "Depot Park" , they explained that they were not in receipt of the other 910, 000 which was necessary to get the site , but that they felt that they should get the approval of theBoard on what ever propo- sal they may propose to the Boston & Maine Railroad Company. In this connection Mr. Clapp explained that the Railroad Company owned the right-away on both sides of the grass plot exceeding the pre- sent gravel limits and that part of the grass plot should now be in- cluded in the gravel drive-way. The proposal of the buying all the 7a nd to include one right-away was talked of. Mr. Clapp then requested that Mr . Duffy survey the grass plot and tell how many feet is in the area at the present time . He also requested that the Board write a letter that may be given to the committee stating that the Board wishes the Commitee to represent them in this proposal. An application for a license to peddle was signed for Manuel A. Mederios of 21 Charles Street, East Lexington. This is a renewal of a former license granted him. Mr. C . Elliot Hadley came before the Board to ask whether or not they had any objection to his printing the assessed property list of the town in the Lexington Times. He said he would have to print part IIof the list in each weeks issue, but that he could print the list so that it could be cut out each week and kept for reference . The Board informed him that they had no objection provided he did not print any particular items, but that he copy the books as the Assessors have them. The h petition of the Edison Electric I11 Coof Boston to install o ns 11 one pole opposite the Parker School on Bedford Street was granted. A letter was received from tsar . Robert H. Holt as Counsel for Roti ' Whitney giving his opinion on re-shingling Mr. Whitney' s house with wood shingles, which advice was contrary to the rules of the Building Inspector . Copy of Mr . Holt' s letter was turned over to the Town Counsel that he might advise the Board whether of not Mr. Holt' s opinion was correct. Legal opinion was received from Mr. Robert L. Ryder to the effect that the damage to the house of Ada P. Wilkinson of 7 Maple Street in his extimation would not exceed $100.00. The Board decided to write to Mr. -Ryder and ask him whether or not Mrs. Wilkinson set her figures on the amount of the damage . Legal opinion was received from Town Counsel Ryder stating that the town has accepted the Act of the General Court entitled "An Act Relative to Vacations of Laborers Employed by Cities and Towns" , this Act being Chapter 217 of the Acts of 1914. It would therefore appear that the laborers are entitled to a 2 weeks vacation. Mr. Harrison was requested IIto get in touch with the heads of the various departments and determine which men are the ones entitled to this vacation. In regard to the request of Mr. Scamnian to order the two trees locat- ed at the junction of Maple Street and Mass. Avenue cut down, Mr. Har- rison wrote a letter on the same to the Board expressing his opinion that he did not think that these trees should be cut down. Other members 172 of the Board werc in accord with Mr. Harrison' s suggestion and it was therefore decided not to carry out the order. The request of Mr. H. L. Harpin of "Wildacre" to place signs direct- ing persons to "Wildacre" on the street signs belonging to the Town had been referred to Mr. Harrison, and Mr. Harrison presented a written re- port to the Board stating that in his mind the approval of the granting of such permits wee not a proper precedent to establish owing to the fact that very often disagreement arises between the Board and the peti- tioners, and also the liability to damage which might result. The board informed Mr. Harpin that they had considered the matter and that they were not willing to grant his request, but suggested that he get the per- mission of the property owners along the street and place signs in their fields directing persons to "Wildacre" . In reference to Mrs. Capper' s filling station Mr . Harrison was to take the matter up with Mrs. Capper verbally and to inform her that un- less she could secure the withdrawal of the objectors the Board could not grant her a further hearing as the conditinns exist same as previously. A request was received from the School Committee asking that the school nurse be placed upon the town compensation pay roll . It was de- cided to ask Mr. Hill if he thought it proper to place her name upon the pay roll, and if it was to do so . The rate of compensation she is receiv- ing is $550.00 per year. The Lexington Gas Company was granted permission to extend its main in Maple Street from Mass. Avenue 1040 feet approximately, provided they got the approval of Mr . O' Connell, the State Contractor, the State High- way Representative, and the Town Engineer. The Lexington Gas Company was also granted permission to excavate at the following places Bloomfield Street and #2 Raymond Street. Letters were received from the Fourth Atlantic Bank, The Old Colony Trust Co. , and the National Shawmut Bank of Boston giving figures for the printing end legal opinion on the $35, 000 issue of Highway Construc- tion Bonds. Mr. Blake was requested to take the matter of the issue of these bonds up with the Town Treasurer. A letter was received from the Board of Assessors in which they out- lined their ideas relative to making the assessing department more effi- cient . The outline as given was in accordance with the verbal ideas given at tie neeting held Oct. 3rd. TheBoard voted to inform the Asses- sors that they would back them up in their proposition. Mr . Harrison reported to the Board that he had a conference with Mrs. Irving P. Fox of Bloomfield Street ar reference to the retaining wall along her pro_oerty. The town having laid out the street about li02 1902,she claims that the wall which is now in the street should be put back on the new line of the street. Mr. Harrison was directed to take the matter up with the Town Counsel in an endeavor to find out the liability of the town to construct this wall and to inform Mrs. Fox that the matter would be taken up at a later date . Mr. Harrison made a written report on his interview with Mr. Ross relative to his claim for $135.60. A copy of his report was turned over to the Town Counsel with the request thatlhe give his opinion on the same . 173 The following street liets were ordered installed: One on Webb Street Six on Follen Road Three on Arcadia Ave . One on Rindge Ave . One on Albermarle Ave . all as determined upon on Oct. 10th by Mr. Scamman and Mr . Howard of the Edison Electric Ill . Company of Boston. A letter was received from the Department of Labor and Industries informing us that the Sealer of Weights and Measures should be equipped with the following 1 - gallon automatic test measure for gasoline 5 - it " n it tl The Clerk was directed to find out what the balance of the appro- priation was and to carry out the orders accordingly. Notice was received from the Department of Public Works stating that (Chapter 526) entitled "An Act relative to the use of public ways by heavy vehicles and other heavy objects" was passed, and the Town of Lexington was one town which was a through route from Boston to Troy, New York. WATER DEPARTMENT. Mr. Hellman came before the Board with reference to certain releases for the town to enter and lay pipes in private ways, and it was left with Mr. Beaudry to take the matter up with the Town Counsel as to the form of release and whether or not wifes of husbands signing releases should release dower rights. Mr. Tenney explained that he had talked with Mr. Patrick Flynn about the installation of water on Butler Avenue and that Mr. Flynn informed him very emphatically that he would sign no guarantee for the town whatsoever if he never got the water in. The Board offered various sur'gestions, one being namely that they put in a 2" pipe and charge Mr. Flynn the cost of putting it in. Mr. Beaudry informed the Board that Mr. Clarence H. Cutler had an interview with Mr. Harrison and himself in regard to the installation of water mains on Concord Avenue . Mr. Cutler is not sure just whether or not he wants the water main put in, and until he decides definitely there is nothing to do in the matter. In regard to the settlement of claim of Mr. Hawkes for the use of the trench along his property Mr . Harrison reported to the Board that he had visited Mr . Hawkes and that he felt that he should be reimbursed for the use of the trench and that he felt that $100.00 would be an acceptable compensation. It was left with Mr . Harrison to draw up a release and talk with Mr. Harrison and possibly reduce the compensation. .Tr. Tenney was not present at the meeting until 8 15 P. .a.. :12DE TICCTORFR 13, 1922. CLERK A permit was granted Fred H. Moulton of Middle Street, to erect a gasoline filling station at the corner of Maple street and Mass. Ave . , he having filed a statement of willingness to comply with the wishes of the Board in regard to drives, A true record, Attes .)1/' CLERK. -