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HomeMy WebLinkAbout1926-06-22 333 Meeting June 22, 1926. A regulat meeting of the Board of Selectmen was held on June 22, 1926, at 7 30 P .M. at the Selectmen's Room, Town Hall, Lexington. The following members of the Board were present , Messrs. Custance, Burnham, Miles , Robertson and Ballard. The Supt. of Public Works and Clerk were also present. Hearing was declared open at 7 30 P.M. upon the application of the Boston & Maine Transportation Company for permission to run their busses down the State Road from the Lincoln line to Maple Street, over Maple Street to Summer Street to the Arlington line. Mr. Keay, the representative of the company was present and isbated',that he desired a route to Boston from Fitchburg, with the permission of going through Lexington He stated that they would take on passengers if the Board desired. The Board took no action on the matter as the Lovell Bus application is still pending. Hearing was declared open upon application of Max Berman for permission to erect a public garage at 1 Mass. Avenue. Daniel J. O'Cfnnell , appeared ad attorney for Mr.. Berman, and stated that Mr. Berman was to put up a building that would cost about $19,000, to be of brick and first class construction for the storage of about 50 cars. Mr. Berman was urged to move his two apartment house from its present location to a place nearby, but he stated that he could not afford to just now, but probably would at a later date. It was voted to grant the permit to erect the garage. Hearing was declared open upon the application of W. P. Gorman of 38 Hemenway Street, Boston, for approval of plan showing layout of Lexington Park development, at 8 15 P.M The Planning Board recommended the approval of the plan of the development as shown in yellow crayon on blue print of plan dated December 1920, Ernest W. Branch, Civil Engineer, on file with the Town Engineer, provided, however, that all present owners of the land involved are agreeable to the layout. Mr. Gorman was requested to present plans in detail as requested by the Town Engineer. In this connection Mr. Gorman requested that the Selectmen authorize a master meter to be installed and the Town of Lexington sell water to them on their property located in Bedford. He stated that the front land was owned by Hallie C . Blake. Mr. Gorman was requested to make formal application for the water installation. Hearing was declared open upon the application of Isabel Fardy for permission to erect a gasoline tank at the corner of Concord Avenue and Waltham Street. The location of the tank is to be on Concord Avenue, and is onl„ to increase the amount of gasoline for the garage, the present tank only being 500 gallons. No persons appeared to object and it was voted to grant per- mission to install an additional tank of 1, 000 gallons. Mr. Ernest K. Ballari' ,and Mr. Bartholomew Connors came before the Board as requested +o discuss the reason why they should continue the business of raising pigs on their farms on Wood Street and Mass . Avera te, respectively. They were informed by the •oard of the continual complaints of 334 odors by the neighbors . __ Mr, Ballard stated that since the former hearing on complaints 'TJ of his piggery he installed a drain as suggested and that the place was thoroughly dry as a result of its installation He saw no reason why he should be driven out of business that he has been in for about 25 years for the new corers. Mr. Connors stated that he maintained the pigs so that he could have the fertilizer for his gardening, and as the stables were not as numerous as previously it was hard to get the fertilizer. Both Mr. Connors and Mr. Ballard felt that if one piggery was abolished they should all be, but it would be a hardship to them if they were abolished. The Chief of Police stated that the general appearance of the Ballard piggery was good. The installation of the drain made a great improvement and the place was clean. After discussion of the piggery situation it was found that five of the holders of pig permits last year did not renew their permits this year. The Chief of Police, acting as Health Inspector, was therefor asked to investigate the conditions at the Miskell property which is most always in bad condition, and in view of the importance of the step the Board passed the following vote, "Voted, that inasmuch as no pig permits have been received since Aptil 30, 1926 by John Ricci of Waltham Street, J Belcastro of State Road, Frank Grant of State Road, William J. Miskell of Concord Avenue and William P. Martin of State Road, we hereby instruct the Clief of Police, acting as Health Officer, and with the advice of the Town Counsel, to proceed to take action against these individuals. " The Board revided the Jury List, 26 new names being added. , The "Street Acceptance Regulations" were signed by the Board, and it was decided to have 1, 000 copies printed. The regulations areas follows; "Voted, that, subject to the provisions of Article VIII, Section 1, of the B;. -Laws, the following are adopted as Rules of Procedure governing acceptance of town ways, which rules must becomplied with before the Selectmen will reoommend acceptance by the town." I. All petitions for laying out, widening, altering or discon- tinuing any street or way shall be presented to the Board of Selectmen. II. 10 street or way, or portion thereof, constructed on private lands by any other than the town, shall be hereafter laid out by the Selectmen and reported to the town for acceptance as a town 4tty, un- less at the time so reported it shall have been and then is construct- ed and completed for the length reported and for its entire width in accordance with the followin,, specifications, which shall constitute the minimum requirements:- Specifications. (a) A. plan and profile of every such street or way shall be filed in the office of the Torm Engineer, who shall then designate thereon the design, grades and cross section and the requirements as to drain- age and construction to be complied with. Said plan and profile shall be drawn in accordance with such general rules and regulations as the Town Engineer shall, from time to time, prescribe and which shall be furnished by the Town En,ineer upon application. 335 (b ) All stumps, roots, brush, loam or other unsuitable material, and all trees not intended for preservation, shall be removed from the limits of the sheet , inclusive o_ sidewalks , to a depth required by the Town 74ligineer. "x.11 trees intended for preservation shall be adequately protected from damage, duringconstruction. (c) All work shall be brought accurately to a subgrade of not less than six inches for the roadway and four inches for the sidewalk, below the finished grades, as shown by said prefile and cross section. Unless suitablj retained, all side slopes of fills and in earth ex- cavations on the adjoining lands shall be at the ratio of at least one and one-half horizontal to one vertical to a berm not less than one foot in width, outside the limits of the street. _ (d) Fills shall be made of clean sand, gravel, cinders, furnace slag, broken stone or other suitable material, approved by the Town Wngineer. (e) Above subgrade and to finish grade, good binding gravel, free from an injurious amount of clay or vegetable material, upon a stone or other suitable foundation when necessary or, in place of such gravel, other material or materials as specified by the Town Engineer shall be used, except along the edges of the sidewalks, where loam shall be placed in accordance with the cross section plan, all to be as specified by the Town Engineer. (f) Side gutters on ever;, street h-vin„ a grade of five (5) per- ' cent or over shall be paved, at least three feet wide-„ with stones, coal tar concrete, artificial stone or other suitable m terial , approv- ed by the Town Engineer. (g) Catch basins ahall be built in such locations as the town 'engineer shall designate and shall be of the forms , materials and dim- ensions approved by the Town Engineer and shall be connected by suitable drains, having manholes at intervals of not over four hundred feet , with a permanent drainage outlet duly secured to the town by a proper legal instrument, or such drains may he constructed to the limits of a public way of the town, intersecting such street. (h) All corners of intersecting streets shall be rounded in a manner aatisfaetOry to the Town Engineer and curbing of granite or other permanent material, approved by the Town Engineer, nay be required to be set on the gutter line for the full lengths of such rounded corners Granite bounds or other permanent marks ahall be set at all angles and curves when required by the Town Engineer and under .his direction. IYI. Any street or way or portion thereof may, be reported for acceptance i.f already ,wilt accurate]. to the subgrade specified but, in such case, the street or way shall thereafter be brought promptly to surface grade, includin, all further uecess - ry construction under para- graphs (e) , (f) , (g) and (h) , under the law authorizing the assessment of betterments. IV. No street or way shall be laid out or accepted of a width less than fatty-feet. V. Any street or way that has been actuall, opened to public travel prior to January 1 , 1 926, the width or construction of which does not conform to the foregoing reouirenents , may be laid out and reported by the Selectmen to the town for acceptance, provided, however, said 336 m -v layout and report shall be under the law authorizing the assessment of '"..“ betterments , and all petitions for such layouts shall be accompanied "10 by releases of damages frori owners and mortgagees of at least seventy- five per cent of the properties abutting on said street and also con- taining agreements by such owners , to pay their proportionate parts of the betterment assessments, in the event of acceptance of the street or way by the town. "And further voted, that, hereafter, all streets must be brought to subgrade as specified in the foregoing "Rules of Procedure" before the Selectmen will recommend that any public utility shall be placed therein or thereon, except as otherwise required by Article VIII, Sec- tion 1 of the By-flaws of 1922, provided, however that , upon satis- factory assurance to the Selectmen of completion of the work in accordance with the foregoing "Rules of Procedure", any public utility or utilities may be placed in or on a street at the time of the building thereof if, by so doing, substantial economy may be affected or the public conven- ience served. " Alcohol License was signed for A. S . Wilson & Sons , 400 Mass. Ave. better was received from the Town of Framin#ham on Town Insurance in mutual companies. They advised that the Water Department was the my department in their town that insured With Mutual insurance compan- ies, but that the settlements were entirely satisfactory. In other department', however, they were making a study but were not yet ready to make the change i In consideration of the proposition it wi s proposed to invite all the insurance brokers who held compensation insurance to come before the Board some time in August to condider the matter II A license was signed for the Middlesex & Boston St. Rwy. Co. to operate their busses over the State Road from the Five Forks to the Arlington line. A program of the celebration to be held on June 28, 1928 on the Lexington Com ,on as presented by J Henry Duffy, member of the Lexington Historical Society, to commemorate the celebration of the 4th of July and Declaration of Independence, at Philadelphia, was approved by the Board. Mr. John B Lovell came before the Board in reference to securing a permit to operate his bus line through the Town. Er. Lovell had nothing new to offer except that he desired his permit The Board considered the matter and decided to write the Middlesex & Boston St . Rwy. Co. and ask whether they had any objection to either the Lovell Bus Line or the Boston & Maine Transportation Company operating on the State Road. Action was again deferred on the Lovell application. 1 Application for street lights on Hinchey Road was received fan some of the residents . It was decided to request a plan of the property showing location of a permanent street that could perhaps be made a Board of Survey layout. Mr. Custance reported a final conference with the State Highway Commission in regard to the width of Bedford Street. He stated that the street would have to be laid out a 60 foot street with no exceptions. The Supt of Public Works was requested to check up to find out if 337 a street light could be installed at the Fletcher Avenue R. R crossing. The Clerk <<' s requested to get a report from the Chief of Police as to whether nr not Frank Johnson of Bedford Street is still maintaining 11 pigs ivithout a permit . It was reported that the C & R Construction Co left an open trench on Meriam Street which may be dangerous. The Supt. of public Works was requested to look into the matter. The Supt . of Public Works reported that Mrs. Van Buskirk of Cedar Street has decided to pay the guarantee for the extension of water on Cedar Street a distance of about 500 feet to her house. 'ars. Van Buskirk felt, however, that all other takers entering on the main should pay when they connect with the water. Tony Cataldo of Rindge Avenue requested the use of Cary Hall each Sunday morning for meetings of the Italian society. The Board decided that it would not grant the use of the Hall The Supt. of Public Works was requested to have the plan of Massachusetts Avenue from the Buckman Tavern to Woburn Street Beady for study at the next meeting. This is in connection with reconstruction of the Avenue. Meeting adjourned at 11.15 P.M. A true record, Attest, 7� i Clerk.