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1927-11-15
158 REGULAR MEETING, NOVEMBER- 15, 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 upt. of Public Works and the Clerk were also present. A common Victuallers license was signed by the Board for Catherine F. Donovan at the corner of Lincoln Street and State Road. An Alcohol License was signed for Lloyd H. Chase to do business at 433 Middle Street . Permission was granted to the Trustees of the Isaac Harris Cary Educational Fund to remove the tablets and statues now situated in the Town offices in the Town Hall Building to the Isaac Harris Cary Memorial Building . Attorney John Devine came before the Board in behalf of Justin and Donald Shea to petition for an amendment to the Zoning Law to establish a business district at 119 Mass. Avenue. Owing to the fact that it will take the Pinning Board at least three weeks to hold a hearing and decide whether they would be willing to change the Zoning law or not, he requested that an article be inserted in the warrant for Town Meeting which is intended to be held on Dec. B, 1927 . The Board informed him that if he presented them with a petition signed by at least 50% of the Property owners, that the Board would then insert the article in the warrant. The Board also decided to inform the Planning Board of the application received from Mr. Devine. The State Aid pay roll in the amount of 032.00 was signed. It was decided to advertise to draw up the warrant on Nov. 22, 1927 for a meeting to be held on Dec. 8, 1927. Letter was received from the Town Counsel in which he informed the Board that the insurance policies Con the Town Hall property should be endorsed to be payable to Town of Lexington, Solomon H Rubin and Rose Seligman, and Lexington Trust Company, Mortgagee, as their interest may appear. It was decided to notify all the brokers holding policies to send endorsements to the Town to this effect. Letter was received from Willard C. Hill setting forth in writing the facts Which he gave the Board at their last meeting . The Board decided to appoint Francis Chamberlain as their representative to make arrangements with the Captain of the bust, to- gether with Mr. Hill, as to the possible date the officers could come to Lexington to be entertained and to arrange some plan for distri- bution of the tickets. Report was received from the Supt . of Public Works in regard to abatement of sewer assessment by Harry L. Coolidge. Mr. Coolidge claimed that he could enter the trunk line sewer from the rear of his property, and the houses have been entered, and for this reason he could not see why he should be assessed for a betterment for We 159 sewer now laid in Mass . Avenue past his house. The Board decided to request the opinion of the Town Counsel as to whether assessment could be made under the circumstances . 11 A similar circumstance exists on the other side of the Boston & Maine R. R station entrance where the Child' s property and several two flat houses have connected with trunk sewer in the rear of the premises, after having given easements to the town. The sewer, hoeYeyer, has not been laid past these premises, but when it is laid the ftad desires to know whether they can assess betterments. Town Counsel' s opinion was also requested on this matter. The Clerk brought up the matter of the Griswold property at North Lexington, which, it is understood, is being sold under a plan which is not agreeable to the Board of Survey. Later on requests for lights and water will be made in this territory, and no Board of Survey approval will be made of the streets . In accordance with the advice of the Town Counsel the Board was instructed not to put lights and water in streets of this kind. Mr. Ballard stated that if the information was handed to him, he would take the matter up in an endeavor to get Mr. Griswold to comply with the regulations of the Board of Survey. Application was received from the Lovell Bus Line, Inc. for permission to operate busses from the Woburn - Lexington line over Woburn Street to Lowell Street, and over Lowell Street, Westminster Avenue to the Arlington town line. The Board did not take any action on the application inasmuch as it is understood that the Middlesex & Boston St. Rwy. Co. intend to put in a service over Woburn Street to the Arlington town line. In regard to bus service, the Board decided to request the Lovell Bus Line, Inc. and the Middlesex & Boston St. Rwy. Co. to endeavor to make some sort of a transfer system in connection with their service in the town. Commitment of water charges in the amount of $1,456.44 was signed by the Board. In regard to the coal pocket at East Lexington, Mr. Ballard reported that he had taken the matter up with the Boston & Maine R. R. CO. and the Central Coal Company to endeavor to arrive at some solu- tiog of the problem which would be agreeable to all concerned. Mr. Russell I. Prentiss came before the Board explaining the reason why he recommended the pasteurization of milk licenses to those who received them two weeks ago. He explained that they were complying with a new law passed last year which went into effect the first of July, and that these parties have until the first of the year to make their improvements, and then if they are not done, the State Department will investigate He stated that there were two other people who should have these licenses, namely F. H Robinson & Son, and John A °ellars on 8C Hancock Street and Concord Avenue res- pectively. In regard to the complaint of William P. Martin relative to the location of a piggery of F. P. Reynolds and the Canfield Hatchery conditions , Mr Prentiss informed tee Board that he had talked with jar. Trightington, and he was not iin accord with the sung-as i-an of 16© V � Mr. Martin that the Boatd could designate a place for pigs to be kept on the Reynold' s property. The Board decided to get the opinion of the Town Counsel in writing on this matter Several articles were received from Mr. Ballard to be inserted in the warrant for Town Meeting to be held Dec 8, 1927. Mr . Ballard recommended that $100. be transferred from General Revenue and Surplus Account to the Perk Department owing to the fact that that Department used $75.00 for transplanting trees this year, and no appropriation had been made for transplanting trees. Mr. Chamberlain reported that the Atlantic National Bank paid interest in the @avings Department only twice a year similar to the Trust Company. However, he felt that the interest department maintained by the Menotomy Trust Company where interest was payable at the rate of 40, and two checks are allowed each month is the proper place to put the town funds to earn additional interest. It was decided to find out if the Lexington Trust Company desire to establish an Interest Department, and Mr. Chamberlain was also to confer with the Torn Treasurer in regard to the matter. The Board approved the following regulations for the Water De- partment WATER_DEPARTMENT_REGULATIONS,. THE FOLLOWING REGULATIONS UNTIL FURTHER NOTICE, SHALL BE CONSIDERED PART OF THE CONTRACT WITH EVERY PERSON WHO USES WATER. 1. All meters shall be computed quarterly; in the case of a meter stopping or failing to register, the quantity of water used shall be estimated as the amount which ordinarily passes through the meter when in operation. 2. The applications for the use of water must be made at the office of the Water Department, and these applications must state fully the purpose for which the water is to be used. The Town will in all cases (except by written permission of the Superintendent) furnish and lay the service pipe from the street main, and through the cellar wall, and provide on the end thereof, a stop and waste valve. The owner of the premises shall in all cases pay for such ser- vice pipe as may be laid within his premises and on Town property to 'the curb-cock together with the Stop and Waste valves, at such rates as may be fixed by the Board of Public Works. The owner must in all cases pay his part of the estimated cost of the service construc- tion before the work is started. When the work is completed and the c cost determined, the applicant will pay for any excess cost of the work above the estimated cost or if the actual cost is less than the esti- mated cost, the difference will be refunded to the applicant. 161 3. The Town will set meters on all services at no charge to the owner except for meters larger than one inch. An annual rental of 10% of ' the cost of meter and installing on supplementary meters and meters 12" and over in size shall be charged. All meters will be kept in I repair by the Town, and no charge made therefor, except in case of freezing or negligence bythe water taker. g g ence 4. Water rates shall be payable at the office of the Tax Collector quarterly, in advance. In all cases of non-payment of water rates within thirty days from the date of the bill, as well as for any violation of these Rules and Regulations, the supply of water may be shut off, and water will not be turned on again except upon pay- ment of the amount due, together with the sum of 82.00 for shutting off end turning on the water. For shutting off or turning on water at request of owner a charge of $1.00 will be made. 5. The water rates shall be paid by the owner of the premises. No abatement of the water rate for the non-use of the water in vacant premises will be made unless notification of such vacancy is made at the office of the Water Department . An abatement shall not be made for any portion of three months . 6. The Town shall not be held liable for lack of water, or damages caused by shutting off the water in the main pipes to make extensions, connections, or for any other reason found necessary. I7 . The apparatus and places supplied with water must be accessible at ail times to the inspectorion of the Board of Public Works or their authorized agents to examine the pipes and fixtures and ascertain the quantity of water used and the manner of its use. 8. No person shall open any hydrant of the water works system of the Town without written permission previously obtained from the Board of Public Works, provided, however, thet nothing in this section shall be construed uo prohibit the use of hydrants and water by the Fire De- partment . Adopted November 15, 19^7 . Meeting adjourned at 11:60 P.M. A true record, Attest e e O , Clerk. I