HomeMy WebLinkAbout1923-09-11 81
IIMEETING. SEPTEMBER 11. 1923 .
A regular meeting of the Board of Selectmen was held in the
Selectmen's Room . Town Hall , Lexington, on Tuesday, September 11 .
1923 , at 8 P. M. The following members of the Board were present,
namely: Messrs. Scamman, Blake , Hutchinson, Burnham and Moulton;
the Town Clerk, Asst Town Clerk and the Town Counsel were alep
present.
Hearing was declared open upon the application of lire. Ida
H. B . Capper for a permit to erect a filling station at the junction
of Waltham and Middle Streets .
Mrs. Capper presented her plane, which were substantially in
accordance with plans submitted at previous hearings upon other
applications for this same location. Mrs. Capper presented nothing
new to what she had presented formerly.
No other persons appeared for the petitioner and no one appeared
against the petition.
The Board considered the application and voted not to grant
Mrs . Capper a permit.
Hearing was declared open upon the application of John C.
Phelps of 31 Bedford St. for a permit to erect and maintain a public
garage at 33 Bedford Street.
Mr. Phelps presented plans showing the location of the garage ,
ground floor plan, front plan and plan showing proposed street enter-
ing from Bedford St. by the proposed garage.
Mr. Joseph Swan, owner of the present Colonial Garage objected
to this garage being built as he believed the street to be a danger-
ous one and that one garage would satisfy the needs of that vicinity .
Mr. Christopher S. Ryan objected as he believed the property
in that vicinity would be depreciated in value if another garage
were built. He also objected on the grounds of danger . and of the
future development of the property in that section.
Mr . Richard LeGraw also objected as the proposed garage would
be directly opposite his house, and he did not believe another garage
was necessary.
No other persona appeared for or against the petition.
The Board considered the application and voted not to grant a
permit to said John C. Phelps.
Hearing was declared open upon the charges brought by James J.
Curran, 0ouneello2r at Law, 635 Tremont Bldg, Boston. against the
Chief of Police, Edward Leavitt.
James J. Curran appeared as Counsel for himself and Daniel J.
O'Connell as Counsel for the Chief of Police. Fred L. Lord of
Fair Cake. with whom Mr. Curran makes hie home was also present.
It appeared that Mr. Curran went to the Police Station for a
dog license and gave $2 to Officer O'Leary who told him he would
have the license for him on the following Monday. Curran called
after the license on the following Thuesday and found the Chief at
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his desk. He claimed that the Chief was indecent in his use of 7
language and that he ordered him out of the office in which he
had a right to be. Mr. Leavitt informed him that he could go to
the Town Clerk' e Office for his dog license , but Mr. Curran insisted'
that he had given hie ;2 to the Officer and that he should get
his license there . After Mr . Curran insisted upon staying
Chief Leavitt told him to leave the office or he would arrest
him. Some correspondence passed between Chief Leavitt and
Mr . Curran, then the charges were brought.
After hearing the parties on both sides , the Board decided
that the charges had not been sustained.
Hearing was declared open upon the appeal of Lewis A.
St. Sauveur from the decision of the Building Inspector. On behalf
of hie client, Hugh McIntosh of Boston, he pleaded that a dwelling
with a store room attached thereto did not need to be of a first
or second class construction. Hs felt that if a wall was built
between the dwelling and store room that nothing else was necessary,
that a brick wall was sufficient fire proof protection.
The Board pointed out to Mr. St. Sauveur that the Building
Laws of Lexington require any building to be used for mercantile
purposes must be of first or second class cometruction, and that
they could not allow him any privileges under the Building Laws.
He was therefor informed that he would have to oomply with the
request of the building Inspector.
Application was received from the Secretary of the Stale
in which the Hoard was requested to send in report giving recom-
mendation
as to character of incorporators of the Great Outdoors
Association which is intended to be established in Lexington.
This matter was turned over to the Chief of Police to in-
veetigate.
Mr. Jay 0. Richards appeared before the Board to have an
article inserted in the Town Warrant asking for the extension of
water main in Bertwell Road.
Mr. Richards also presented plans of Bertwell Road which
the Board of Survey signed.
Letter was received from the Town Engineer calling attention
to the fact that the plans covering the section of land opened up
by the Lexington Building Trust were not filed in the office of
the Engineer and urged that same be done so that a permanent record
be made of same and matters of drainage straightened out before the
streets are laid.
Mr. Richards . being present. was informed of the Town Engineer' s
request and stated that the engineer for the Building Trust was
working on the plane and would have them filed in the office at an
early date .
Report was received from the Chief of Police in regard to the
business done by Charles H. Pierce of Middle St. who was granted
a Common Viotualler' s License by the Board and who was complained
of by Mr . Neil McIntosh of Middle St .
The Chief's report stated that he did not see any particular
reason why Mr. Pierce' s license should be revoked. and that he
believed if he was shut off from selling vegetables on Sundays
that all other persons should also be shut off.
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Letter was received from the Supt. of Public Works recom-
mending the purchase of a gravel pit . The Chairman of the Board
explained that this recommendation came before the town for a
number of years but was turned down. However the Board agreed
to insert an article in the Warrant to see if the town wauld vote
to purchase a gravel pit.
The Board signed a Warrant for a Town Meeting to be held on
September 24 , 1923.
The Bond of the Tax Collector . Byron 0. Earle . was approved
by the Board.
Bonds signed by property owners along streets in Farmhuret
were turned over to the Supt. of Public Works.
Auctioneer' s License was granted to Eennsth P. Blake of
Meriam Street .
The Supt. of Public Works was authorized to place one street
light on Blossom St. near the property of Rollins .
Application for water was made by John Stack. A well on
Grant street furnishes water to four families and on account of
the dry weather the well is nearly dry. The Board informed
Mr. Stack that they did not see how they could supply him wtlth
water since the street was unaccepted.
Complaints against odors from piggeries were received from
the following:
Charles P . Briggs 27 Eliot Road.
Elizabeth J. Nunn 252 Mass. Ave.
Ellen M. Tower 4 Pelham Road
Mabel P. Cook 8 Warren St.
Emily B. Preston 4 Bennington Rd.
Robert W. Fernald 2 Washington St.
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In view of the fact that various complaints have come in to
the Bad from time to time about piggeries the Board passed the
following resolution. upon recommendation of the Town Counsel:
Whereas it has been represented to the Board of Selectmen
and Public works. acting as a Board of Health. that the many
piggeries in the Town are nuisances . sources of filth. and causes
of sickness within the town , which may be injurious to the public
health, and
Whereas it has also been represented that one of the main
causes for making the piggeries nuisances , sources of filth and
causes of sickneee , within the town, which may be injurious to
the public health, is the swill and other refuse transported from
outside the limits of the Town into the Town, and
Whereas it has been suggested that the Board of Selectmen
and Public Works , acting as a Board of Health. shall destroy,
remove and prevent all such nuisances , sources of filth and
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causes of sickness and make regulations for the public health *—'
and safety relative thereto and to articles capable of containing .11
or oo!reying from the town, and
Whereas the Board of Selectmen and Public Works, acting as
a Board of health. before making any orders or regulations desires
to give full opportunity to all parties concerned with respect to
the matters involved.
Now. therefore, be it Voted: that Tuesday. September 25. 1923,
at 8:45 P. M. be the time and the office of the Board of Selectmen
and Public Works in the Town Hall be the place for a hearing before
the Board of Selectmen and Public Works, acting as a Board of
Health. upon whether the Board of Selectman and Public Works. acting
as a Board of health,
1 . Shall prevent the further maintenance withithe town of piggeries ,
2. Shall make any regulations TBrtthe publio health and safety
relative to piggeries . and to the transportation into the town of
swill or other refuse from outside the limits of the town, ar
3. Shall take any other action in the premises under Section 122
of 'hapter 111 of the General Laws, or otherwise . and be it further
Voted, that notice be given by the Town clerk to all persons
known now to be maintaining or operating piggeries within the town
or transporting swill into the town and to all persons who have
made complaints as to the piggeries, and that notice of the heaping
be published in the Lexington Minute-man and the Lexington Times.
Meeting adjourned at 12:45 P. M. 1
A true record, Attest:
Clerk.
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