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HomeMy WebLinkAbout1927-11-01 1.50 REGULAR MEETING, NOVEMBER 1, 1927. A regular meeting of the Board of Selectmen was held at the Selectmen's Office at 7:30 P.M. Messrs . Custance, Burnham, Ballard, Robertson, and Chamberlain were present. The Supt. of Public Works and the Clerk were also present. The records were approved. A license for manufacturing ice cream was granted to Ashley W. Partridge at Middle and Waltham Streets. Licenses for the Pasteur- ization of Milk were granted to the following: Patrick Shanahan Pleasant Street F. H. Reed & Son Lowell Stet Swenson Brothers 210 Middle Street Arthur S. Tyler 27 Maple Street Order for transfer of locations of one pole on Bedford Street approximately 90 feet north of Shirley Street, and eleven poles on Bedford Street between Tewksbury Street and Elm Avenue was granted on the petition of the Middlesex & Boston St. Rwy. Co. and the Edison Electric Ili. Co. of Boston. Abatements for the Water Department in the amount of $82.98, and for the Sewer Department in the amount of $3.67 were signed by the Board. Letter was received from the Animal Inspector in which he stated that he did not believe there was any call for restraining the dogs in the town since he has had no report of active cases of rabies lately. He stated, however, that he felt that all unlicensed dogs and stray dogs should be destroyed. The Board decided to notify the Chief of Police as to this latter recommendation. Petition was received from residents of East Lexington pro- testing against the granting of a permit to install a coal pocket at the East Lexington Depot. Opinion was received from the Town Counsel that the Selectmen have no other or greater rights than the Building Inspector in this matter, and he therefor could see no particular use in having a hearing. Mr. Chamberlain felt that there may be a question as to whether the proposed location of the coal pocket is in the business disttict or not . Mr. Burnham suggested that it might be wise to ask the Town Counsel to give his opinion as to whether the proposed location is in the business district of the Zoning Law. Therefor, it was decided to notify the petitioners that advice of the Counsel was being ob- tained, and if a hearing was deemed necessary, they would be notified at a later date. Mr. H. C. Brown, the engineer for the Central Coal Company, who applied for the permit for the coal pocket, was to be notified to present the Board with a plot plan showing thereon the proposed location of the coal pocket, and entrances thereto, and also that upon receipt of advice from the Counsel they would inform him, what was to be done. 151 In regard to the petition which was filed by William Roger Greeley, Hollis Webster, and Edwin B. Worthen on Tuesday evening last, letter was received from the Town Counsel stating that Mr. Webster requested him to remind the Selectmen that the petition filed requested two purposes, (1) to take action on the street widening by the County Commissioner; (2) to take action on traffic regulations. The Counsel stated that he advised that the Town had no right to take action affecting the decision of the County Com- missioners on the street widening, but the Town has a right to take action on traffic regulation. Mr. Webster informed the Counsel that it would be satisfactory to him to have traffic regulations dis- cussed at town meeting in December. After discussing the matter the Board decided to nttify the three petitioners that they did not believe that it would be profitable to discuss traffic regulations at town meeting, but informed them that they would be glad to receive any suggestions from them in re- gard to a traffic plan. Notice was received from the State Dept. of Public Works in which they stated that snow this winter would be removed from the State Highways by State or privately owned equipment and directly supervised by the State. It was decided to request the State to give a definite list of the streets they intend to look after so that there would be no misunderstanding. Letter was received from Daniel J. O'Connell in which he wished to have the time extended on gasoline filling station license which was granted to him November 16, 1926 to erect a station at 16 Woburn Street. This station was supposed to have been built within the period of six months. The Board decided to request him to file a deed of the land which he agreed to give to the town before taking any further action on the permit. It was decided to issue bonds or notes for the Water Department in the amount of $15,000. and the Sewer Department in the amount of $25,000. It was decided to notify Nellie B. Wadman of 23 Hancock Street that she would not be granted an Innholders License. Report of the hearing held in regard to the taking down of the trees on Depot Square to Hancock Street and the hearing of the trees on Waltham Street near the entrance to Mass. Avenue were placed before the Board. The Board authorized the Chairmen to sign the papers in regard to Bedford Street damages. Report of the complaint of Mrs. E. C. Deering, Hamilton Road, in regard to the shooting occurring so closely to residences, and her request to have an article in the warrant to prohibit hunting in Lexington, was placed before the Board. No definite action was taken on the matter as it was felt th, t before taking any action a study of the town whould be made, so that if any prohibition be made, it be made only where necessary. M 1152 w► The Board voted to appoint John E. KelleyVi a Street, as Measurer of Wood, Bark, and manure anc Pubil Weigher,an to appoint Miss Lillian mcClure as a Public Weigher instead of her former appointment as Measurer of Wood, Bar*, and Manure. Mr. Robbins of Robbins & Smith came before the Board to have the plans of the development in the section of Locust Avenue and Follen Road approved. The Chairman reported that he had consulted with Philip Lockwood of Manchester, N. H. in regard to giving his land for highway purposes sco that a street connection could be made that would be complete rather than leaving dead end streets on the Robbins & Smith property. He stated that Mr. Lockwood agreed to give the land provided Robbins & Smith would bring the street to subgrade satisfactory to the Town. This-was agreeable to Mr. Robbin and as the Town Engineer stated that the plans were complete, the Board decided to sign giving their approval to the layout. Mr. Woodhead, president of the Lexington Gas Co., Mr. H. L. Frost of the Frost Insecticide Co., Mr. Ryan, Manager of the Lexington Gas Co., and Senator Warren of Arlington, came before the Board in re- gard to the bill of $2550.97 which was rendered to the Gas Company for damages to shade trees on Bloomfield Street. Mr. ' odhead ex- plained that the company acknowledged a leak existed in the terri- tory where the trees were damaged, but that several of the gas companyts pipes had been torn up by the contractor building the sewer as was shown by their records of repairs to the services, and it was possible that service which leaked was one of the services which had been disturbed during the summer of 1926. For these reasons and for the reasons which Mr. Frost will give Mr. Woodhead felt that it was not fair to charge them the amount of money set forth in this bill. Mr. Frost stated that he wanted to be fair with the Town and the gas company in his decision relative to trees. He stated that he felt that these trees were killed by gas and that they were killed by a leakage in winter, and that in the winter time there is always more damage than at any other time of the year Ind is the hardest time to detect the leaks by gas . He felt, however, that one of the hardest things to determine is the value of a tree and- he felt that the rule such as worked out by the Forestry Assoc. could be used in all cases. He had been examining trees for thirty years and valuing same, and has not been able to work out a rule which will fit all cases. He stated that a tree in one location would be very much more valuable than in another. He cited a case where it is hard sometimes to determine what is the cause of injury to a tree when there were eight men trying to determine what killed some of the trees at the Harvard University, and the conclusion arrived at was that they were being injured by oil burners. A government expert decided that it was caused by carbon monoxide. He stated that an elm tree in front of a large estate would be more vabable than one alongside a granolithic side- walk owing to the effect that the sidewalk would have in the growth of the tree. Sometimes he found trees that were not within one hundred feet of gas pipes, but had been in a weak condition, and did not live. Mr. Frost stated that he had not examined these particular trees for which the bill was sent with an idea of establishing a value. The Board requested Mr. Frost to look into the matter aryl give 11 some figures as to what value he would place upon the trees. The Chairman called attention to the fact that the Building Inspector was holding up a permit which had been applied for by 153 Herbert L. Wellington, Mass. Avenue. He desired to tear down his old piggery and add to his building so that there would be a warm place for the pigs. The Board felt that Mr. Wellington had a right to put an addition on to the building and so informed the Building Inspector. The Health Inspector was to be requested to give the Board a complete report as to the producers of milk and whether they should have a pasteurization of milk license_ Attention was called to the fact that the persons attending churches, especially the Catholic Church, park two and three deep along the streets so that it is not easy to get by when travelling near them. Mr. Ballard suggested that the Chief of Police be re- quested to notify the churches to park parallel with the sidewalk in single rows. The Chairman reported that it was the intention of the Highway and `Tree Warden Departments to proceed immediately on Mass. Avenue in front of Depot Square to take down the trees, and also the tree at the entrance of Depot Yard near the Boutelle Block, and to set back the curb to the street line. He stated that it might be possible to build the granolithic sidewalk this fall, but if cold weather came too soon, it would not be wise to do so. The Board decided to meet on Thursday evening after the Library II Trustee meeting and discuss the Metcalf and Eddy report. The meetingadjourned at 11:08 P M. A true record, Attest: Clerk. d I