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
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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.
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(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
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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
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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.