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HomeMy WebLinkAbout1926-12-21E 399 �J I pp �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.