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HomeMy WebLinkAbout1927-06-07 so �... REGULAR MEETING, JUNE 7, 19re. �7 A regular meeting of the Board of Selectmen was held at the Selectmen' s Office at 8 00 P.M. Messrs . Custance, Burnham, Robertson, and Chamberlain were present. The Supt. of Public Works and the Clerk sere also present. The records were approved. Hearing was held at 8 30 P.M. on the application of Arthur .. Smith of Bedford Street for permission to have entertainment in connection with his Common Victuallers license. Mr. Smith came before the Board appearing for his petition. Mr. Warren A. Davis and his attorney, Daniel J. O'Connell, came before the Board in opposition to the application. Mr. O'Connell stated that as owner of the property in the Vicinity of the roadside stand Mr. Davis wished to enter objection to the radio entertainment given by Mr. Smith Mr. Davis is the owner of property for a distance of about 2400 feet, and he makes his home within a distance of 100 feet of this roadside stand. The place where the radio is located is less than 100 feet from his house. Mr. Davis objected to the noise at this stand for some time and has found since this place has been in operation that he cannot sell his farm for any reasonable price when parties find that it is located opposite. Mr. Davis also omns 10 acres of land on the same side of the street that Mr. Smith is located upon. Mr. O'Connell stated that when this stand was first started it was started in a very modest ray. Now it has grown and it is quite a spectacular feature. He felt that as soon as Mr. Smith obtained this license, he might then request a permit for a dance hall and so introduce into the town a feature which the townspeople have been fighting against for years He also felt that the class of people which visited the roadside stand and remained there until a late hour of the night listeningto the radio, were not of the caliber de- sired in thetown. He stated that Mr. Davis has paid a great deal more in taxes for a .number of years past than Mr. Smith has ever paid as the value of the buildings that he has on his premises do not amount to a great deal. He asked the Board if they did not believe this statement that this was a source of annoyance to visit the Davis property and listen to the entertainment which exists daily every week. He felt if they were in the same position, they could not help but being annoyed. Mr. O'Connell felt that if Mr. Ballard were present at the meeting he could perhaps inform the Board in regard to similar cases where business has become a nuisance and parties have been enjoined. He felt that Mr. Davis might be compelled to resort to placing an injunction on Mr. Smith' s property. He cited the case of the Rosen Talking Mrhine Company in Boston as an example of whet is done in cases of this kind. Mr. Smith stated that' he operated this radio last year on Sundays and week days as he did not know that a license was re- quired for this purpose, :;hen he was informed of this license, he then applied. He stated that when he was aTay from the stand this evening and at all other times when he was away he had one of the local police officersresent at his premises . When asked whyhe P needed tkhe se3'vices of the police officer, he replied that he had 81 _ma had some trouble from the boys in North Lexington running about his place. He stated that he usually has all the automobiles away from his premises at 12 o' clock midnight, but occassionally on hot night- he keFps open after 12 o' clock. The Board discussed the matter of granting this license to Mr. Smith, and decided to refuse the permit. Application was received from Lloyd H. Chase for permission to have radio entertainment at his roadside stand on Middle Street. It was decided to refuse this permit also. Letter was received from the Trustees of the Isaac Harris Cary Educational Fund inviting the Board of Selectmen to attend the ser- vices of laying the corner stone to the Memorial Building on Thursday, June 9, 1927 at 4:30 P.M. Notice of claim of damages of Ella Louise Lawrence for land taken on Waltham Street under the County lay out and to appear in Court on the first Monday in August, 1927. It was decided to refer this matter to the Town Counsel for his attention. Resignation as a member of the Fire Engineers was received from Edward Loren Fenn. The Board accepted the resignation to t._ke effect at once. Certificate of insurance held by rinthony Ross & Son, Contractors, was £urnishnd. by the Employers Liability Assurance Company showing public compensation and liability insurance carried, the same ex- piring June 19, 1927. Order for joint location for poles already existing was granted to the Ediaon Electric Ill. Co. for three poles on Forest Street, be- tween Clarke and Muzzey Street. In regard to the estimates of Miss Mitchell and Mrs. Davin for damages on account of the proposed widening on Mass . Avenue near Pleasant Street, it was decided to request the Supt. of Public Works to consult With all parties affected with the proposed widen- ing and secure their recommendation in writing as to damages expected. The Supt. of Public Works is also to give his estimate of thecbmages and report to the Board in two weeks. Joseph Parks, acting for his father, Alexander Parks, made a statement of damages expected on account of the widening of North Hancock and Bedford Streets. The Board decided to lay this matter on the table until a fully attended meeting. It was decided to request Mr. Ballard to have something prepared on water guaranty bonds at the next meeting which he attends. The Supt. of Public Works was requested to figure the cost of a new sidewalk from Elm Avenue to Depot Square as it might be possible to secure an additional appropriation at town meeting to do this work. 82 r..r r d In regard to the letter received from Mr. Ballard relative to highway work, Mr. Custance reported that he was working along similar lines and that he is now waiting for another conference with the Commissioners of Public Works of the State relative to building Bed- ford Street, from Hayes Fountain to Elm Avenue, He hopes to get some cooperation on this piece of road even if he could not get action on Massachusetts Avenue through the centre of the town. He stated that he has talked with them in regard to the town doing the work on Waltham Street, but they stated that the amount of money involved was too great to award without contract. In regard to the posting of the trees along the Buckman Tavern property, it was decided not to make any move toward this at present. Letter was received from the Town Counsel in regard to the appli- cation of William I. Brown for a permit to alter his garage. The Counsel informed the Board that they could not grant the permit in the location desired unless the building was of first class con- struction. A copy of the Town Counsel' s letter was sent to Mr. Brown. Letter was received from Frederick L. Emery asking What action had been taken on the establishment of a building line in East Lex- ington. The Board decided to lay the matter on the table until a fully attended meeting. Abatements for the Water Department to the amount of $95.89 and for the Sewer Department to the amount of $119.29 were signed, as were also committments for aewer charges amounting to $198.03 and for water charges $1,402.37. Petition was received from Caroline A. Harrington of 393 Massa- chusetts Avenue, through her attorney, Joseph Wiggin, asking damages to her property caused by the establishment of a building line. The matter was referred to the Town Counsel. The Supt. of PublicWorks was requested to get an estimate on the cost of doing the work of drainage near the property of Dr. W. L. Barnes . Letter was received from the Middlesex & Boston St. Rwy. Co. in which they stated that they had taken up the matter of making stops to receive and deliver passengers on the State Road by the Lovell Bus Line, Inc., and find that thejr company would not object to the Lovell Bus Line, Inc., performing this service and making stops on the State Road as it would not interfere with their ser- vice. The Board decided to write to the Middlesex & Boston St.. Rwy. Company and the Lovell Bus Line, Inc. , asking them to get together and give the Board in writing a statement of proposed service on the State Road which will be agreeable to both companies, and that the statement be signed by the Middlesex & Boston St. Rwy. Co. as approving m sa e. ' In regard to the charge for garage licenses, after reading the information obtained from Belmont, Winchester, Arlington, it was de- cided to handle the matter similar to the Town of Arlington, that ' is, make a charge of $3 00 when each garage application is made, this amount to cover the cost of sending registered notices to the abuttors and advertising in the local newspaper, and a charge of tl.0O for the garage license. The Board signed an order for the lay out of the sewer in Highland Avenue which order reads as follows: COMMONWEALTH OF MASSACHUSETTS. Middlesex, ss. Town of Lexington. WHEREAS the Town of Lexington at a town meeting duly called and held on March 14, 1927 duly adopted under article 23 of the Warrant the following vote: Voted that the sum of $4,000. be appropriated and assessed for the construction of a sewer in Massachu- setts Avenue from Midlle Street to the end of Curve Street north, and from Curve Street south to the East Lexington Station. Voted that the sum of $9, :',00. be appropriated for the construction of a sewer in Massachusetts Avenue from Middle Street to the end of Curve Street north, and from Curve Street south to the East Lexington station, and that for the purpose of raising the money so appropriated the Town Treasurer be and hereby is author- ized to sell, under the direction and with the approval of the Selectmen, bonds or notes of the town bearing interest at a rate not to exceed 5% per annum, issued and payable in accordance with the Town of Lexington, Sewer Loan Act of 1913, and Voted that the sum of $14,000. be appropriated for the construction of a sewer in Massachusetts Avenue from riddle Street to the end of Curve Street north, and from Curve Street south to the East Lexington Station, and that for the purpose of raising the money so appro- priated the Town Treasurer be and hereby is authorized to sell, under the direction and with the approval of the Selectmen, bonds or notes of the town bearing inter- est at a rate not to exceed 5 per annum, issued and payable in accordance with law. And further voted that any unexpended balance after con- struction of the sewer in Massachusetts Avenue be applied to other sewer construction. 84 VOTED by the Selectmen, acting as a Board of rater and Sewer Commissioners under the authority conferred by Statute 1897, Ch. 504 sz and acts in amendment thereof and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Highland Avenue from Bloomfield Street to Washing- ton Street, and Percy Road from Highland Avenue to about 200 feet easterly substantially in accordance with a plan made by John T. Cosgrove, Acting Town Engineer, dated June 7, 1927 and entitled, "Plan and profile of Proposed Sewer in Highland Avenue and Pertly Road, Lexington, Scale Horizontal i inch - 40 feet, Vertical 1 inch - 4 feet. John T. Cosgrove, Acting Town Engineer." Betterments will be assessed for this improvement in accord- ance with the provisions of Chapter 221 of the Acts of 1926. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such im- provement is described as follows: That portion of those properties on each side of Highland Avenue and Percy Road. On Highland Avenue from Bloomfield Street to "Uashington Street, and on Percy Road from Highland avenue to about 200 feet easterly. The said area comprises the several lots shown upon the plan hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 7th day of June, 1927. Theodore A. Custance Selectmen Albert H. Burnham of the James G. Robertson Town of Francis Chamberlain Lexington Commonwealth of Massachusetts Middlesex, ss . Lexington, Mass. June 7, 1927. Then personally appeared the above named, Theodore A. Custance, Albert H. Burnham, James G. Robertson, and Francis Chamberlain, and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, William S. Scamman Notary Public A true copy of the records, Attest Helen C. Gallagher Clerk. SCHEDULE OF ESTIMATED BETTERMENTS ' REFERRED TO IN THE FOREGOING ORDER. HIGHLAND AVENUE & PERCY ROAD. Owner as of April 1. 1927 Assessments Abbie E. Stevens $174.67 Ashburn C. Kilgour 418.87 Marion Brown 118.74 George L. & Daisy DeW. MacAlpine Lot A. 141,-98 George L. & Daisy DeW. MacAlpine " B. 165.35 Cora R. Norris 261.66 Helen C. & Della M. Gad 162.24 Mary H. Stone 134.28 Nina F. McLellan 320.69. Harry C. Fallis Lot A. 118.74 Harry C. Fallis " B. 152.55 Harry C. Fallis " C. 151.4 George W.. & Lucy A. Butters 157.77 The meeting adjourned at 10 25 P.M. A true record, Attest: ( / '�P�- Clerk. 'V n.