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HomeMy WebLinkAbout1923-09-25 9 MEETIEG, SEPTEMBER 25, 1923 . A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Hall, Lexington. on Tuesday, September 25. 1923, at 8 P. M. The following members of the Board were present . namely: Messrs. Scamman, Blake , Hutchinson, Burnham and Moulton, the Town Clerk, Aes' t Town Clerk and the Town Counsel were also present. Hearings were held on the following applications for garages ' Edward L. Tyler - 31 Maple St. 8 :00 P. M. Timothy P . Cronin 30 Cottage St. 8 :10 P. M. Ella E. Morse 15 Grant St. 8 :20 P. M. Anthony M. Sylvester 26 Leighton Ave . 8 30 P.M. Fred M. Lundergan 9 Sylvia St. 8 :40 P. M. Building Inspector, Wesley T . Wadman was present to explain to the Board the circumstances under which these appalicatione were requested. Edward L. Tyler requested permission to extend hie two car garage on each end making it a four car garage. Under the rules and regulations of the Fire Prevention Commission the Board could not grant a permit to Mr . Tyler for this garage . The Building Inspector informed him that he could build another two car garage but that was not his desire. The Board therefor voted not to grant Mr . Tyler a permit under these circumstances . There was not objection to the permit being granted to Timothy P. Cronin of 30 Cottage St. and the Board therefor voted to grant same. Ella E. Morse of 15 Grant St. and Anthony M. Sylvester of 26 Leighton Ave . were granted permits by the Board. Fred M. Lundergan appeared to speak for his petition. He desired to construct a public garage at the corner of Sylvia St . and Mass. Ave . Mr. Lundergan stated that he would desire a gasoline tank at the garage at a later date. The Board informed him that they did not care to grant any further permits for gasoline tanks in that vicinity as there were a number of them there at present. After considering the application the Board voted not to grant the permit. The petition of the Great Out Dore Association was returned to the Secretary' s Office with the endorsement of the Board upon the same and explaining that insofaras the Board could ascertain the incorporatbrs were reliable persons, but suggesting that he 90 .V oauee to be made an investigation of these persons ' characters in the towns or cities from which they come or in which they live. "17 This Association intend to take over the Kelsey Ranch, so called on Spring St. , the Cary Farm, and part of the Hayden Estate for out- door sports, and under the Statute it is necessary that the Board of Selectmen make an investigation relative to the character of the incorporators . The investigation was made by the Chief of Police for the Board. Letter was received from the American Legion Committee interested in aiding Disabled Soldiers of the World War asking the Board to appoint a Committee in charge of the observance of Forget- me-not Day. The American Legion were notified of the contents of the letter and requested to appoint a committee if needed. Hearing was declared open at 9 o'clock P . M. to discuss the problem of the piggeries in accordance with notices eent to persons who have made complaints to the Board of Health and to owners of piggeries , known to the Board of Health to be conducting business within the limits of the Town . The Town Counsel was requested to read section 122 of Chapter 111 of the General Laws which relates to the action the Board of Health may take relative to nuisances , sources of filth er causes of sickness which may be injurious to the public health. Town Counsel , Edward C . Stone , conducted the meeting after the introductory opening by the Chairman of the Board of Selectmen, William S . Scamman. The Town Counsel called upon each of the objectors in turn and asked if they had anything to say on the subject► The list of complaintante from which complaints were re- gistered with the Board of Health are as follows: Edward L. Child4 Lincoln Street. Sarah B. Van Ness Pleasant Street Henry C. Davie Audubon Road William P. Martin State Road Ellen M. Tower Pelham Rd William H. Burgess Pelham Ed Mise Mabel P . Cook Warren St. R. W . Fernald Washington St. Mrs. E. V. Earle Wood St. Henry D. Love Mass . Ave. Dr. George Day Mase . Ave. William Mitchell Concord Ave . Neil McIntosh Middle St. Edward S. Pigeon State Rd Mr. G. W . Reed Reed St. Mrs Ida Capper Middle St. W . J . Marshall Independence Ave. Emma 0. Nichols Oak St. Mrs. CP. Nunn 252 Mass . Ave . Mrs. Elwyn G. Preston Bennington Rd. Mr. Charles P. Briggs 27 Eliot Rd. i• -- 91 The owners of the piggeriee as registered with the Board of Health are as follows: ' Robert L. Ryder Maple St. Jamie F . Moran Pleasant St. James F. Kimball Pleasant St. William J. Miekell Concord Ave. Ernest Packard Concord Ave . Chester A. Fogg Noburn St. William G. Potter Walnut St. Middlesex Live Stook Co. Walnut St. Michael Shea Walnut St. Ricci Brothers Waltham St. August Young Laconia St. George J . Bailey Eaet St Frank P. Reynolds . School St. Bartholomew Connors Mass . Ave. Ernest K. Ballard Wood St. Harry A. Burgess Cedar St. Alexander Margouleff Concord Ave. Charles F. Mills Concord Ave. John Shea Bow St . , Waltham Joseph Belcastro Middle St. Bashian Brothers Mass . Ave . Frank Caniseiue Ash St. Michael J. Carroll Allen St. Peter J . Kinneen Burlington St. Hugh J . Maguire Wood St. Eugene Pattie Greenwood St. H. L. Wellington 815 Mass. Ave. Ryder'e Stock Farm Waltham St. L J. Wood Webb St. John Sullivan Maim . Ave. James Harvey Grove St. (Middlesex St. Charlestown) Town Counsel requested that each speaker explain the position of the piggery and designate the owner of same if possible . Edward L. Child of Lincoln St. explained that during the spring time and summer time after ra.ine the most nauseating oddre come down between the hills in a eouthweeterly direction. The piggery stands beyond the stand-pipe. He investigated and found rotten piles of swill laying on the ground near this pig:ory . He did rot believe when a man did not carry on hie business right that he should be allowed to interfere with the rights of other people. Henry C. Davis of Audubon Road stated that he felt all the statements made by Mr. Child were true and that he would endorse same. His particular complaint was that when he had visitors the stench from the piggeries was such that the windows had to be shut and particularly on July 4th a hot night. Even when the windows are shut the stench is such that it permeates the house. William P. Martin of Middle St. made a lengthy speech in which he stated that the piggeries of Frank P . Reynolds were situated so that they were not far from his house . He felt that a pig was 92 a clean animal it given a chance and that if the pigs were properly `p fed, and after feeding the swill taken away so that the pigs 'did not have a chance to trample the swill into the ground, there would "=7 be no odor to the pigs. He felt that the pigs running at large in a field directly in line with hie living room window ruined his chance to sell his property. On the whole he did not object to pigs themselves as he stated that he had kept them and did not have any odor from them because they were properly cared for. Mr. Martin felt that the Board had no right to abolish pigs as a whole but if a piggery was a nuisance that the Board of Health then had a right to bring the owner of such to Court and if proof enough wan shown that the same could be abated. He also felt that the Board had no right to say whether swill could be bought into the town or not, but they could regulate the kind of swill box and wagon a man could use on the streets and if he did not have the proper kind of a wagon they could refuse him a license for same. Miss Ellen Tower of Pelham Road stated that the only wind that blew into her house that was clear was the east wind . that all other winds brought the piggery odors. Miss Mabel P. Cook of 8 Warren Street stated that she had been fighting the odor of the piggeries for twenty peven years. Her mother is a house bound invalid and during summer nights she suffered from the odors of the piggeries, and at times was to the gagging point. She stated that if conditions continued to exist she would be obliged to sell out and move elsewhere. Foster Earle, speaking for Mrs . E . V. Earle , complained of the odors from the Ballard piggery on Wood Street. He stated that they would have no objections if the piggery was kept clean but it icas not been so kept. William Mitchell of Concord Avenue complained of the piggery kept by Alexander Largouleff. He stated that the pigs were let run loose in the neighborhood and that the odor from the piggery is so bad that it is nauseating. It did not do any good to cpmplain to Mr. Margouleff as he would tell Ihhem if they did not like it to move away. He stated that on account of these odors there has been sick- ! ness in one other house besides his own. They did not have any bother with flies from the piggery even though the pigs roamed about 200 yards from their lawn. Mrs . Mitchell also told how nauseat- ing the odors were. William J. Marshall . ex member of the Board of Health, read a report which he made to the Board of Health. In that report he gave the four places that he claimed should be abolished and if that were done he believed ttBastre would not be so much trouble with the piggeries. He stated that a gas mask was needed to be worn in the vininity of Concord Avenue when passing ae he worked on the electric care . He felt that there was a lot of taxable land that would be developed but on account of these odors no one can build. The four piggeris Mr. Marshall objected to most were Miakell Brothers, Concord Avenue , James Moran, Pleasant St: Bartholomew Connors . Mass. xve . , and Ricci Brothers, Waltham St. Mrs. Elwyn G. Preston registered her objection. IF L 93 Dr. Charles P. Briggs of Eliot Road objected to the odors but he informed the meeting that he did not believe that these odors in any way affected the health of a person. except as they prevented sleep . He too, as did the others in the Pelham Road and Bloomfield Hill section observed the odors when the wind was south- west. Herman Fuller of Concord Avenue registered his objection to the Margoleff piggery stating substantially the same as Mr. Mitchell. He stated that there were a lot of flies about his house and he be- lieved they came from the piggery. 4Mr. Christopher Harrison, Supt. of Public Works, was called uponAgive a report of what he found When visiting these piggeries . He read a letter that he had written to the Board of Selectmen and also one written by the Chief of Police in regard to his authority to prosecute any owners of piggeries brought to Court. He stated that licenses should be granted to the piggery owners before they could bring them to Court for violation of the Board of Health regulations. The Supt. had pictures of the piggeries showing the bad condition in which they were in. After the Supt. had made mention of the condition of some of the pigg+rres that he had visited the Town Counsel called upon the owners of piggeries to speak for their cause . Robert L. Ryder , owner of piggery on Maple St. , of which there was no complaint, stated that pigs could be kept clean if given room enough Isom. to roam around and if fed with grain. In regard to the legal end of abolishing piggeries Mr. Ryder felt that the Board could regulate industry but that they could not abolish any establishment that was properly maintained. He felt that the Board could make regulations and then if they were not lived up to they could prosecute if they could prove that the pig constituted a nuisance. John Shea of Bow Street , Waltham, whose pigs are located in Lexington, stated that he had never heard of any sickness being caused from the odor of pigs . He felt that pigs should not be kept within a certain limit of houses but that people living in the outskirts of the town should be given a chance to earn a living and pay the high tax that they were obliged to pay. Emil Margouleff denied the fact that the piggery kept by him was dirty ae claimed by Mr. kitchell and Mr . Fuller. He stated that he carried his weill in a steel body truck that was water tight. He had a license from the Cambridge Board of health to cart swill through that City. Bedros H. Bashian of Mass. Ave . stated that he did not have many pigs and if his neighbors objected he would not keep any as he did not believe anyone should conduct a business that was a nuisance to the neighborhood. Arthur Hutchinson of Blossom St. stated that he thought the zoning system would work out the problem of properly restricting business to certain territories. He felt that the pigs were pro- hibiting development of certain lands which would be taxable pro- perty. He felt that eegulatione should be made prohibiting 94 pigs to be kept within 200 feet of art' public street. He also "T7 stated that in the Town of Arlington the garbage wagon is inspected and until the same is approved no permit will be granted to persona hauling swill through the town. James F. Kimball stated that he was not aware of the fact that Mr. Burnham. Dr, Simpson of the State Department of health and Mr. Harrison visited hie place and was therefore eurprieed that Mr. rarrison spoke of the bad condition of hie place . John M. Miskell tried to impress the meeting with the fact that his place was clean when visited by the Board of Health and denied the accusations made by William J . Marshall that hie place was filthy and that there were dead pigs upon the ground. No other persons desiring- to speak in favor or against the piggeries the meeting wee declared closed at 11 24 P. M. The matter was left with the Town Counsel to draft regulations or conditions for permits, to be submitted later to the Board of health for action. A true record, Attest : Clerk. 1