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�AEGTJLAR IMTING, December 1926.
21,
y.
A rejular meeting of the Board of Selectmen was
held at the
Selectmen s ffice at 7:30 P.M. Messrs. Custance, Burnham, Miles,
Robertson and Ballard were present.
The records of last meeting were approved.
Bids on the Lexington Town Report were received
from
Wright & Potter Printing Co. 32 Derne St., Boston,
$3.63 per page.
Newburyport Herald Press,_ Newburyport, Mass.
2.08
Yeran Press, 27 Beach St,, Boston
2.15
Medford Mercury, Medford, Mass.
1.95
Somerville Press Somerville, Mass.
1.90
With charge of
$2.00 per hour
for author's
corrections.
The Board voted to accept the Uld of the Medford Mercury insomuch
as they felt that the charge of $2.00 per hour for author's corrections
might exceed the price of the Medford Mercury.
Hearing was declared open upon the application
of Clarence W.
Mason of 500 Middle Street, for permission to erect
a third class
single garage at 500 Middle Street. Mr. Mason was present
in favor
of his application. No persons appeared against the
petition, and it
was voted to grant the same.
Hearing was declared open upon the petition of Max Berman, 1 Mass.
Avenue, for permission to store and sell 1500 gallons of gasoline in
connection with his garage. Daniel J. O'Connell appeared as Attorneg
for Norman and stated that it was Mr. Berman's intention to have an
overhead connection over the sidewalk to the gas pump. The Board were
not in favor of granting a permit for a tank of this kind, but pointed
out to Mr. Berman that a tank could be located near his. building allow-
ing room for persons to drive in. Mr. Berman agreed to locate the tank
in that manner and the Board voted to grant the permit_.
Mr. James J. Corbett came before the, Board together with Mr. Melvin
W. Hinds in an endeavor to secure a pool room license to operate at
466 Mass. Avenue, Mr. Corbett stated that he was in the real estate
business at 6 Beacon St., Boston. The references received by the Board
relative to Mr. Corbett's oharacter were very good, and the Board there-
fdr voted to grant a pool room license.
tgtter was received from E. J. Remick of Farmcrest Avenue in which .
he stated that the residents of Farmcrest Avenue did not want to pay
the 100% betterment to have the street accepted as a public highway. The
1 Board therefor, decided to drop all action towards the acceptance of
this street.
Letter was received from W. E. Leighton, William B. Foster, and
Minnie A. Milliken, owners of property on Tower Street. Mr. Foster and
Minnie A. Milliken stated that they did not desire to have Tower Street
accepted as a public highway. Mr. Leighton was in favor of the accept-
I
ante. However, 75% of the abuttors not being in favor of the acceptance
the Board voted to drop all action on the acceptance of Tower Street. '
Claim was received.from Mrs. Mary Videtta for abatement of her
highway betterment tax of $70.68 for construction of Arcadia Avenue,
Mrs.-Videtta claimed that she was unable to secure enough money £o
pay this tax inasmuch as she is a widow with a family to support. The
Board felt that as she owns property that the betterment tax should
be apportioned over a period of ten years and the tax will then become
a lein upon the property. No abatement was therefor made.
Letter was received requesting permission to use the state flags
belonging -to the Town for Educational Week. The Board decided not to
allow tho-use of the flags for any but local use.
The Board discussed the proposition of presenting to the Town the
Isaac Harris Cary Memorial Building. The Board authorized the purchase
of lantern slides which would cost ahout 75je each, and upon whith_the
pictures of the memorial building and plans may be brought before the 41
-town meeting. Suggestion was made that sevl pictures of the memorial
building in colors be placed about the town in conspicuous places to
arouse interest in the proposition. Mr. Ballard reported his conference
with Mr. Clapp and read a paper which was prepared after the conference.
Mr. Ballard was requested to consult further with Cdr. Clapp in making
arrangements for the pamphlet to be sent to the voters before the town
meeting. Mr. Custance was requested to see that the petition signed by
residents of the town in favor of accepting the memorial building be
presented at the next meeting of the Board. Other details in regard
to the presentation of the memorial building were discussed,
The following adjustment was made with the C. & R. Construction a
Co. for sewer work done by them in Lexington:
Rowland Ave, $19000
200 yds. ledge ® $5,00
Meriam Street 250
50 yds. ledge ®-$5.00
Porest St-. $5.00 more for ledge 500
$2.50 on excavation of original contract
100 yds. ledge ® $5.00
$10750,
Supt.of the Water & Sewer Department, Albert A. Ross, presented
the Board with a copy of a proposed bill to the Legislature on the
assessment of water mains. Mr. Ross stated that the mater Warks
Association were in favor of this bill. He also stated that Mr. Waddell,;.
Director of Accounts, was not in favor of the bill. The Board decided to
request Mr. Waddell's opinion in regard to this matter before they ex-
pressed their opinion.
Mr. Ballard and Mr. Robertson were requested to consult with
Mr. Keniston, Commissioner of the Metropolttan District Commission, in
regard to engineering services.
Letter was received from the Planning Board in which they expressed
their views on the engineering department, They felt that a high
/ ssv
salaried engineer should.be employed, and that two additional men should
be added to the Engineering Department, inasmuch as the work of all
departments has been curtailed.
The Board decided to inform Mr. Emery that they felt the Punning
Board should ask for an appropriation forengineeringservices connected
with their department.
A Class l Agents License was granted to Mr. John 6. Phelps for a
Buick Sales Agency at 33 Bedford Street..
Opinion was received from the Town Counsel relative to roadside
stands. The opinion was to the effect that under the law none of the
roadside stands had any right to be operating.on Sunday.
The Board felt, however, that just at this time they were not
ready to take any steps toward abolishing the roadside stands.
The Board requested the Town Counsel to give an opinion upon the
petition of residents of Fletcher Avenue for the acceptance of that
street. The petitioners made the statement that they felt that a
twenty year co#mon usage of the street made the same a public highway.
It ,was voted to grant a Common Victuallers license to Louis
Steinert to do business at 454 Mass. Avenue,
Dr. Walsh called attention to the fact that a janitor is employed
at the High School who is a nonpresident of the town, and stated that
the Legion felt that a local man should be given preference over an out
of town man in this position. The Board voted to notify Dr. Walsh to
the effect that he would have to take the matter up directly with the
School Department,
The Town Counsel's opinion was requested upon the adjustment of
the property on Bow Street in front of property owned by Ida T. and
Hannah E. Waite. A plan was presented showing the old line of the stred
which connected with Melrose Avenue. The new line of the street was
laid out over property owned by one John T. Shaw. The new layout of the
street by the Town gives land to the Est. of Hannah E. Waite, and the
question which the Board desired to have the Town Counsel explain was
whether or not the Waite Estate.would be justified in putting a fence
around that line of the street as laid out by the Town, inasmuch as a
small part of that land was included in the original private way which
would perhaps belong to John T. Shaw. There being a banking on this
side of the highway it was thought a good idea to put a fence around
this property to keep persons who use the old private way out of danger.
However, the Town Counsel's opinion was requested on the legal aspect
of the situation.
It was voted to increase the pay of the Clerk dating from June 1,
1926 the sum of $19,45 per.month.
The melting was adjourned at 11:45 P.M.
A true record, Attest: `
V, N2
Clerk, ('
REGULAR ]RENTING, December 28, 1926.
A regular meet-ing of the Board of Selectmen was held at the
Selectmen's Office at 7:30 P.M. Messrs. Custance, Burnham, Miles,
Robertson, and Ballard were present. The Supt. of Public Works and
the Clerk were also present.
The records of last meeting were read and approved.
Hearing was declared open at 5:15 P.M. upon the application of
Daniel Cronin of Brandon Street for permission to erect a third.class
garage upon his permises. No persons appeared to object, and it was
voted to grant the license.
Agents license Class I. was granted to Calvin W. Childs at 99
Mass. Avenue. Class Il Agents license was granted to Justin Shea at
119 Mass. Avenue.
Letter was received from George H. Gibson In which he resigned
as Assessor the same to take effect January 1, 1927. The Board accepted
the resignation, but informed Mr. Gibson that they regretted to re-
ceive the same.
Letter was received from Miss Helen E. Ready of the Assessors
Office in which she asked for a leave of absence tor the term of six or.
eight weeks from the last week in January without pay. The Board felt
that inasmuch as the Assessors Office could get along without her
serfices during this term, that they would grant the leave ofAbsence
without pay.
The Board voted to transfer the sum of $3500.00 from the'Sewer
Assessment Fund to Sewer Construction Account.
The Board voted to appoint Osborne J. Gorman as Forest Warden
for the year 1927.
The Board voted to appoint Russell I. Prentiss as Health Inspector
from January 1, 1927 to March 31, 1927,
Notice was received from the Planning Board of a public hearing
to be held Friday, January 14, 1927 at 8 P.M. at the Town Offices upon
petition of Justin Shea in amend the by-law and establish a new business
area at 115 tO 119 Massachusetts Avenue.
Decision was received from Judge Bishop of the Superior Court in
the case of Miskell vs. Town of Lexington. The decision is as follows:
The plaintiff on or about February 6, 1922, -duly accepted the
provisions of the Acta of 1922, chapter 1, and on or about Octat►er 30,
1923, by its board of selectmen, acting as a board of health, adopted
certain amended regulations with respect to the keepin# of swine, which
regulations were duly approved by the attorney general on Nov. 14, 19239
and were thereafter published as required by law. A copy of these
regulations is annexed to the bill of complaint and marked "A".
The defendant owns a parcel of land containing aftut eighty-four
acres, situated in the southeasterly corner of the town of Lexington,
distant perhaps some eight hundred or a thousand feet from the boundary
line separating Lexington and Belmont. He has owned or occupied this
r
property since 1911, and has used a portion of it for a piggery. In
recent years he has had from four hundred to twenty-five hundred pigs.
The average for the past year or more has been five or six hundred.
home of these pigs are kept in buildings, but the greater number are
kept outdoors. The country adjacent, and within a half or three
quarters of a mile of the defendant,4e premises, is chiefly occupied
by farms and other piggeries, and there has been very little if any
development of the territory within at least a half a mile radius of
the defendant's farm since 1911. Since May 1, 1926s the defendant
has kept from four to six hundred swine on his premises and within
the limits of the town of Lexington, without first obtaining a permit
so to do from the board of selectmen acting as a board of health.
Prior to November 1923 the town of Lexington did not require
persons operating piggeries to obtain permits for such a use of their
land. A permit was issued to the defendant for the keeping of swine
.in the years 1924 and 1925. The 1925 permit expired on or about
April 30, 1926.
.The board of selectmen of the town of Lexington, by virtue of
the Acts of 1922, chapter 1, are vested with powers conferred by law
upon the board of health of the town. The selectmen, acting as a
board of health, on or about July 14, 1926, determined that the exer-
cise of the trade or employment of keeping swine by the defendant in
the town of Lexington "is attended by noisesome and injurious odors
and is a menace and hurtful to the inhabitants of the town",'and
thereupon, on July 14, 1926, issued an order of prohibition to the
defendant. A copy of this order of prohibition is annexed to the
bill of complaint marked aM". This order of prohibition, together
with a copy of regulations of the board of health, was duly served
by an officer qualified to serve civil processes on the defendant,
who was the occupant or person having'charge of the premises where
the trade or employment was exercised. This service was made upon
the defendant on July 14, 1926.
The defendant has refused and neglected after the ser�ftce upon
him to obey the order of prohibition, and has continued to conduct
on the premises the trade or employment of keeping swine without a
permit from the board of health.
The defendant made no application for a permit upon the expira.
tion of the license which had IFeen issued to him in 1925, and made
no application for a permit to carry on the trade or employment of
keeping swine after the expiration of tjj permit until after the writ
of prohibition had been served upon him.
The, defendant from May 1, 1926, has conducted the trade or
employment of keeping swinfe within the town of Lexington in a manner
contrary to the regulations adopted by the board of health and in
violation of the same, and since service upon him of the order of
prohibition referred to in the bill of complaint, he'has continued
to conduct upon his premises the trade or employment of keeping swine
in a manner which has violated the conditions upon which the permits
are issued, and contrary to the regulations adopted by the board of
health.
The selectmen, acting as the board of health, have at all times
acted in good faith and in accordance with what they have considered
the best interests of the inhabitants and the health of the inhabi-
tants; they have believed that pig'geries, such as the defendant
maintains, are a menace and hurtful to the inhabitants of the town,
and have intended to make it impossible for such piggeries to be
operated in Lexington.
I give the rulings of law requested by the plaintiff and numbered
9 to 17 and 20 to 28, both inclusive. I'refuae to give the nineteent4
request, and I find as a fact on the eighteenth request that no claim
for trial by jury 'was filed until after thirty days from the time when
service was made upon the.defendant of the order of prohibition, and
that the first time, if ever, that the defendant made a claim for jury
trial was when he filed his answer. The plaintiff's twenty-third re-
quest has been waived.
I give the rulings of law requested by the defendant and numbered
1 to 6, 8, 11 and 15, and refuse to give numbers 7,10,12,14,16 and 20.
Number 9 is rendered immaterial as the board of selectmen has, not re-
fused to issue a permit. On mumber 13 I rule that orders of prohi-
bition can be issued under General Laws, chapter 111, section 143, for
failure to comply with regulations established by a board of health.
A decree is to be prepared enjoining the defendant from contin-
u ng hereafter to exercise the trade or employment of keeping swine
in the town of Lexington in violation of the regulations of the board
of health.
Bishop, J.
Dec. 22, 1926• Justice of the Superior Court.
It was decided to request the local newspapers to publish the
decision of Judge Bishop in full.
Notice was received from the County Commissioner's Office of a
hearing on Friday, January 21, 1927 on petition of the Board of
3vloctmen for relocation and specific repairs on Massachusetts Avenue
from Waltham Street to the Hayes Fountain, and Bedford Street from ;'the
Hayes Fountain to Elm Avenue a distance of 1440 feet. Also a hearing
on a similar petition on Waltham Street_ from Middle Street to Allen
Street a distance of 3165 feet.
After discussing the matter of application for pig permits, it
was decided to bring before the Board all new applications so that
they may be passed upon and a record made of the same.
The Board die -cussed the presentation of the Cary Memorial Building
at the Town Meeting which is to be held about January 24, 1927.
The meeting adjourned. at 10:30 P.M.
A true record, Attest:
Clerk.