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HomeMy WebLinkAbout1925-07-14Evi MEETING, JULY 145, 1925. Heating was declared open upon application of James P. Munroe and Sumner Robinson, Trustees for James S. Munroe, for the approval of Warren Street, so called, as shown on plan of tWarren Street, Lexington, Mass., Charles J. Elliot, Engineer, dated May 29, 1925." Mr. James P. Munroe appeared personally and the Board see- ing no objection to the plans as presented, approved same. At 8:05 P.M. a hearing was declared open upon application of F. A. Connors of Farmcrest Avenue for permission to erect a private garage on his premises. No persons appeared to object, and being a private garage the Board voted to grant permission to maintain the garage. At 8:10 P. M. permission was requested by John C. Phelps pf Percy Road for permission to erect and maintain a garage and sales and service station on Bedford Street nearly opposite the Colonial Garage. Mr. Phelps was personally present at the hearing. Joseph Swan, Christopher S. Ryan, and Richard J. LeGraw came before the Board in opposition to the granting of a permit to Mr. Phelps. Their grounds for objection were that a garage already existed in that vicinity which was amply sufficient to take care of the con- ditions. An all night garage carried with it certain noise that would be disturbing: it would make additional dangers on Bedford Street from the cars entering and making their exit;- in general it would spoil the neighborhood. Mr. Phelps did not present ground fluor plans, and the matter was therefor left upon the table until such time as the plans would be presented. At 8:15 P. M. hearing was declarq�,s� upon application of Ashley W. Partridge for permission tq a 0 gallon gasoline tank on his premises at the corner of Waltham and Middle Streets, opposite the Jenney Filling Station. Mr. Partridge appeared personally in behalf of his appli- cation. No persons appeared to object. After considering the matter it was decided not to grant permission for this tank to be installed. Permission was granted to the Edison Elec. Ill. Co. to set and remove one pole on Middle Street 40 ft. west of Spring Street. ' Papers were signed for the admittance of John M. Bass of Tarbell Avenue to the Rutland State Sanatorium. This man has tuberculosis and has a family of wife and six children. A mortgage of $1100 is held by the Arlington Co-operative Bank and one of $700 is held by the former owner of the property, Mr. Mores of Lowell. The family have no means of income except 248 their seventeen year old daughter who is employed in Jordan Marsh Co. store, her income being $11 per week. It will therefor be necessary for the Overseers of the Poor to assist the family and to pay interest on the mortgage. The Town Counsel was instructed in the case against William F. Sim not to appeal as the matter was turned down before Judge Weed. Letter was received from George IN. Taylor, also pamphlet giving detailed outline of the celebration of the 140th Anni- versary of the Battle of Lexington. Mr. Taylor called attention that this matter was never recorded on the records of the Town and the Board decided to incorporate the outline contained in the pamphlet in the next town report. Public Carriage License was signed for John Rose of Muzzey Street, Lexington. It was decided to request J. Willard Hayden, member of Lexington Pageant Association to come before the Board to dis- cuss bills which were sent to the Board in anticipation of securing payment of bills by the Association as these bills were incurred for Police service on the Pageant grounds during the Pageant. Letter was received from the Planning Board in regard to hearings on gasoline stations. It was the opinion of the Planning Board that the Board should take extreme precaution against spoiling the historic beauty of the town by allowing too many filling stations. The Board replied that this condition has been considered' by the Board and that in the past very few stations have been allowed. At 8:30 P. M. hearing was declared open upon complaints received by the Board of Selectmen, acting as a Board of Health, that conditions at Ernest K. Ballard's piggery on Wood Street were not in accordance w ith the Board of Health regulations. Upon investigation of the conditions by the Inspector of Health, James J. Sullivan, it was found that Sub -sections 21, 4, 5 and 7 of Chapter VII, Section l,were violated by Mr. Ballard. Mr. Ballard was given an opportunity to be heard by the Board and came before them together with his counsel, Wilford D. Gray of the office of Hardy, Sawyer, Stone and Morrison. Sydney R. Wrightington, Town Counsel was present in behalf of the Town. The complaintants present were Edward Loren Fenn, Lloyd Murray and Arthur H. Earle of Wood Street. Mr. Sullivan told his story of how he went to the piggery on June 26th with Mr. Murray and Mr. Fenn. He stated that the piggery was about 150 feet from the street, and that manure was piled only 150 feet from the street, but that most of it was abot 250 feet from the street. The piggery was about 100 feet long, and at the left of the door was an opening about seven feet from the ground where swill was thrown into the.piggery. The drainage was open running around the ground. The piggery was of concrete construction with wood used in several places. These observances were made by flash light at 9:00 o'clock in the evening. 1 1 1 MO Mr, Gray asked if Mr. Sullivan had not been to the Ballard piggery at a previous date, and he replied that he had been there about May 9th. Mr. Gray asked if he had talked with Mr. Ballard and he replied that he had. He asked if he had instructed him to hake any changes in his piggery, and he replied that he had not, when he had called at previous times. He did, however, call him on the telephone in response to complaints received and told him of the complaints and instructed him to clean up. Mr. Gray asked Mr. Sullivan if Mr. Ballard did not say that he would Out in underground drainage if necessary and Mr. Sullivan replied that he said he would do anything he was asked to do. Edward L. Fenn stated that he lived on the opposite side of Wood Streets about 1000 feet away. Mr. Fenn stated that he collabor- ated the statements made by the Chief of Police, James J. Sullivan. He stated that the resceptacle was in a disgraceful condition, that the ground was covered with swill the whole length of the piggery. He stated that manure piles were covered with magots and flies and that open drainage ran across the road to a brook which ran along near Katardin Springs, the water from which the persons in that locality use continually. He stated that these conditions have existed for some timg, as he has smelled these odors for two years. Mr. Murray stated that his house was located about 300 feet from the piggery and this side of Mr. Fenn's house on Wood Street. He felt that the description of the conditions as given by Mr. Fenn�,,and Mr, Sullivan were sufficient. The odors from the ' piggery were nauseating to him. He stated that he had lived there since May and intended to develop the land on the other side of the street but could, nbt with such existing conditions. Arthur H. Earle stated that he had lived opposite Mr. Ballard for ten years, that on several occasions his mother complained to the Board of iiealth of the conditions at the Ballard farm. A temp- orary clean up was made but it would gradually go back to its orig- inal condition. He did not go to Mr. Ball.ard's premises on June 26, with Mr. Sullivan, Mr. Murray and Mr. Fenn. He felt that possibly the drainage from Mr. Ballard's piggery may have polluted the water of the Katadin Springs as the water at one time was salable and for sometime back his family were unable to use it. The water, however, was not tested for contamination. Yr. Ballard stated that he had been in business about 29 ,years and did not know he violated the conditions of his permit until notified of his hearing. He stated that he did not consider a manure pile a compost heap and therefor did not have them away from the street. His building was entirely of concrete except for the wooden platforms where the pigs are fed He stated that to save '- guard against drainage he puts cotton waste where the swill drains. He also stated that he offered to put in underground drainage but was not requested to do so by the Health Officer. he also stated that he was willing to do whatever necessary as he wanted to keep pigs. Attorney Gray inferred that a manure heap was not a compost ' heap, but stated that it might be determined by the intent of the regulations. Mr. Burnham of the Board of Health, informed those present that in making the regulations it was the intent that a manure heap would be considered a compost heap. In conclusion Mr. Gray asked that the Board visit the premises In question and stated that he felt Mr. Ballard would comply with any requirement they may ask in regard to his piggery.