HomeMy WebLinkAbout1928-06-05REGUUR MEETING, JUNE 5, 1928.
Regular meeting of the Board of Selectmen was held at the
Selectmen's Office at 7:30 P.M. Messrs. Burnham,.Custance, Ballard,
Robertson and dhamberlain were present. The Supt. of Public Works
and the Clerk were also present.
Prendergast Brothers, who have made application for a permit
to erect a gasoline filling station at the corner of Fottler and
Massachusetts Avenues, came before the Board together with their
attorney, Francis Burke, to discuss the possible lay out of a filling
station at that location-.
It was suggested that inasmuch as the lot which Prendergast
Brothers purchased for the filling station was rather narrow to
provide for the proper outlets for drives, that a lay out similar
to the lay out on Massachusetts Avenue at the corner of Tufts Street
in Arlington could be carried out.
It was suggested that the gentlemen see if they could work
out a plan of this kind and present it to the Board at a later date.
The hearing to change the name of the section of Forest Street
which is unaccepted to Belfry Terre'ce was declared open. Mr. Roy A.
Ferguson, Edward Wood and Clifford A. Currier were present. Mr. Wood
inquired if it was intended to change the name of the whole of Forest
Street, but he was assured it was only the unaccepted part which skirts
Belfry Hill.
The Chairman explained that owing to the fact that the Lexington
Times omitted the second notice to be published in the paper in
regard to this hearing, that the hearing was not legal and would have
to be re -advertised for two weeks in the local newspaper.
The Chairman stated that the hearing would be re -advertised and
if the gentlemen present had no objections, they need not appear at the
next hearing as the Board would consider changing the name to Belfry
Terrace.
Bids were received on the loan of $175,000. notes to be dated
June 6, 1928 and payable at the Atlantic National Bank of Boston, ,
December 31, 1928. The bids were as follows:
Atlantic Corporation 4.10%
Old Colony Corporation 4.28%
First National Bank of Boston 4.39%
It was voted to accept the bid of the First national Bank of
Boston.
Hearing was declared open upon the application of Howel T. Evans
for permission to build a one car garage. Mr. Evans appeared as did
the building inspector, Mr. Tibbetts. No persons appeared to object
and it was voted to grant "'r. Evans a license.
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The Wire Inspector, Louis W. Bills, came before the Board of '
Selectmen relative to establishing rules and regulations for the
Wire Inspector►s Department. It was decided to request Mr. Custance
to communicate with the Town Counsel in regard to securing proper by-law
for the Wire Inspection Department as it was recommended that the Board
proceed to adopt a by-law relative to same.
U d th' b
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X& aw the rules and regulations might be adopted for the
Wire Inspection Department.
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Robert L. Ryder came before the Board in regard to the refusal
of the Board of a permit to keep pigs on the Kimball premises.
He at first apologized for not keeping his appointment
' with the Board on Tuesday evening last. He stated that he was
called out of the State and neglected to have his secretary
call off the appointment.
He stated that his brother had about 35 or 50 sows on the
premises on Concord Avenue that were out on the ground and when
the snow came theyhad to obtain some sort of a place to put them
in6b, and made an agreement withMr.Kimball for a temporary pro-
position to put the pigs in his brood house. He stated that he
believed that they were keeping them far better than they were
ever #ept on the premises before, and that the pigs were
being kept clean and were not a nuisance and will not be a
nuisance.
He stated that they desired to keep them there until they
could provide some other place and they have two carpenters working
to build buildings enough to keep up with the litters. He stated
that he felt that the Board would find that they were keeping the
place clean and they really spent more money than they should have
spent on a temporary proposition. He stated that he did not believe
they would need to keep pigs on the Kimball premises more than two
months, and that they would move them from there to Woburn.
The pigs were sent to the Kimball Farm by his brother and Mr.
Freeman before he actually knew it, and when he was informed, it was
after they had,been placed there. He had not aprlied for a permit
although it was about eight weeks ago that the pigs were moved.
He stated that he did not believe the Board could stop the
' farming in a farming area until it ceased to be a farming area as
long as the pigs were not constituting a nuisance, and he felt
keeping pigs was a fawning industry.
He stated that it was his intention to keep the pigs clean
and they are kept clean, and he did not feel they were constituting
any nuisance.
In regard to the pigs at Waltham Street, he stated that the
piggery was cleaned out every day before 10 o'clock under contract.
He stated that there was a considerable area to be built up
but he did not believe it would be built up for some time to come,
and until then, and until he became a nuisance, he felt he had
a right to keep pigs.
The Board discussed quite freely with Mr. Ryder matters per-
taining to the keeping of pigs, and obtained his opinion in regard
to the same.
After discussing the matter, the Board decided to request the
Chairman to take the matter up with the Town Counsel to see if Mr.
Ryder would agree to discontinue having his pigs at the Kimball pre-
mises at once provided a permit was granted him to keep pigs at 117
Waltham Street and 40 Maple Street.
In regard to the application of Frank P. Reynolds to make a
visit to the premises at 7 o►clock this evening, the Board decided
that in view of the fact that Mr. Reynolds was willing to reduce �, u
his application from 100 to 50 pigs, that they would vote to grant
him a permit, but that a letter be written to him to be presented
to the Board next Tuesday evening in connection with the granting of
this permit. It is understood that Mr. Reynolds intends to sell his
property as soon as possible.
Complaint was received from Mr. and Mrs. George Calderwood
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on Allen Street that they intend to build a residence on Allen Street
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but are not certain that they wont to do so owing to the fact that
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Swenson Brothers have pigs which are right near their lot.
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In this connection it was voted to take from the table the
application of Swenson Brothers for a permit to keep 100 pigs. After
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some discussion it was decided to leave the matter with Cdr. Custance
to talk with Swenson Brothers to see whether there is any other part of
the premises on which trey could keep their pigs without annoying
the neighbors and curtailing building of a residence, and to also find
out
why they did not comply with the Health Inspectorts Regulations.
The weekly report of the Supt. of Public Works is as follows:
Highways.
Mass. Avenue at Cedar Street has been partially repaired, and made
safe, and has been left in this condition until the department can
finish several other streets badly in need of repairs. Repairs on
Pleasant Street completed and a part of Fern Street. Drainage at the
corner of Meriam Street and Edgewood Road completed. Approximately
190 feet of 1511 pipe laid and two manh®les constructed on this work.
Lines painted at a number of corss walks. Pgtching done on a
number of streets. Week of.June 4, Highland Avenue and Percy Road will
be repaired; also adjoining streets and possibly Adams Street. The
week of June ll, it is planned to make repairs on Shade Street,
Lincoln Street and Spring Street.
Water Construction.
Completion of the water main to eliminate the dead ends on
Meriam Street has been made, and Berwick Road has been connected
with the Meriam Street water main. Approximately 300 feet of 60
pipe installed. In last week's report, I neglected to state that
work had been started on the extension of the 8" main in Smith
Avenue and Follen Road. Up to this date, approximately 420 feet
of 8" pipe has been laid in Smith Avenue from Follen Road to
Independence Avenue; and 250 feet of 8" main has been laid in
Independence Avenue.
Water Maintenance.
Two services completed.
Sewer Construction.
40 feet of newer pipe laid in Lincoln Street. 250 feet of pipe
laid in Independence Avenue. Three manholes constructed in Inde-
pendence Avenue.
Sewer maintenance.
One connection made.
Moth Department.
The department treated nests of tent caterpillars on the
following streets: Adams, Burlington, Fern, Grove, Lowell, North,
Pleasant, Watertown, and Wobubn. Spraying machines were put in order
to start spraying Monday, June 4th. The spraying of all trees on public
streets and public grounds will occupy the department for the next
three or four weeks.
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Park Department.
The regular maintenance work was carried on; also work on the
sidewalk at the Bedford Street side of the Common, and grading
of loam and planting of grass seed. Work also carried on on the
triangtt in front of the Masonic Temple.
Hill Street.
The redords of the Board of Survey show that a properly adver-
tised hearing t_: determine the bounds of Hill Street was held
October <�, 1914. The record of the hearing is as follows:
t1A public hearing was declared open on the proposition to
re-establish the lines of Hill Street from Bedford Stret to near
the property of the Golf Club.
No person appeared either in favor ce opposition and the hearing
was declared closed and the plan placed in the hands of the Town Clerk
to remain until the second hearing not less than thirty days from this
date."
The Plan in the Town Clerk's Office is not approved in writing
by the Board of Survey, and no further records appear about the layout.
Because of this, I an not sure whether any legal widening and layout
was made at that time; and it may be possible that the street is still
only 33 feet wide, and that to make it a legal or proper width may
require that this Board make a layout and taking. However, in looking
over the grounds, I find that the bounds have been set and a fence on the
' north side has been ,placed as though the 40 feet had been accepted
by the former owner. On the south side where it has been requested a
sidewalk be constructed, the lines are extended to the travelled way.
From the corner of Bedford Street to the last house on the south side
of the street, grass and loam can be excavated, and a fill of gravel
made for a sidewalk as far as the houses are constructed --a distance
of about 660 feet --for approximately $450.00.
In accordance with instructions from the Board in regard to the
request of Bir. Rockwell C. Tenney to be allowed to purchase a part of
the Belfry Hili property, I called on Mr. Tenney and talked with him
about this matter. I told him that the Board felt that as a part of
this, property was given the Town for the express purpose of maintaining
the Old Belfry, none of it should be sold.
On the part that he wishes to buy, there are a lot of small maples
which are too close together to be of any value. There are two spots
where nothing grows but poison ivy and small blackberry bushes, and also,
at the high point, there is a considerable extent of ledge.
If the Board would allow ""r. Tenney to do so, he would build a
fence around that part of the property, trim out the trees, and have
the spots where the ivy grows cleaned up, and endeavor to grow grass
on it. We would also keep it in good condition at all times; and it
appears to me that this would not deprive anybody of any privileges in
regard to the use of public land, as there is lots of room left in
which people can enjoy themselves.
If the Park Department were afforded enough money in their approp-
riation to look after this land, it could be made far more ornamental
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than it is at the present time, but the appropriation does not
allow them to do very much on this property.
I have enclosed a sketch showing approximately just what
fir. Tenney desires to take care of.
Very truly yours,
William S. Scamman
Supt. of Public harks.
In regard to the Supt.'s report, the Board requested him to
proceed at once to finish up the job on Massachusetts Avenue.
In regard to the request of ivir. Tenney to fence off a section
of Belfry Hill, the Board objected owing to the fact that it was
public property, but they were willing to allow Mr. Tenney to clean
up the property.
It was voted to grant the New England Tel. & Tel. Co. permit
for a joint ownership of 12 poles on Cedar Street with the Edison
Electric 111. Co.
Invitation was received from Edward P. Merriam inviting the
Board of Selectmen to attend a luncheon at 12:15 P.M. on June 11,
1928 wt the Hancock Congregational 1-hurch at which time it is
expected the BritAsh Pilgrims will be entertained by the Hancokk
Chumch Society. he Board acknowledged receipt of the invitation,
and stated that the Chairman would attend the luncheon.
Application was received from Calvin W. Childs, 99 Mass-
achusetts Avenue, Lexington for application to install an ad-
ditional tank of 40,000 gallons of gasoline on his premises. The.
Board felt that if Mr. Childs would consider reducing his ap-
plication to 20,000 gallons that they would consider his request.
The Board signed license for Middlesex and Boston Street
Railway Company to operate their busses in Lexington for one year
from June .22nd.
It was voted to advertise the drawing of a Warrant for a
Town Meeting to be on June 28, 1928.
The Board voted to give notice of their intention to lay out
Simonds Road, from Bedford Street to Burlington Street, and Prospect
hill Road, from Marrett Road to Wachusett Drive; and York Street,
from Meriam Street 700 feet more or less, and therefore a hearing
upon these streets on June 15th, will be held.
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Mr. Burnham reported that n+r. Tibbetts, Building Inspector,
informed hien that i4rs. Louisa G. T. Bean and Mr. Frank W. Perkins
did not cease using the building on Mrs. Beams premises at 26 Parker
Street for a repair shop in accordance with his request.
The Board voted to instruct the Town Counsel to proceed against '
'"rs. Louisa G. T. Bean owner of the property at 26 Parker Street
and against ""r. Frank W. Perkins on Locust Avenue who operates an
automobile repair shop on the premises owned by Mrs. Bean, for
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violation of the Zoning Law.
The meeting adjourned at 11:30 N..
A true copy, Attest:
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