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HomeMy WebLinkAbout1929-02-14 44 SPECIAL MEETING, FEBRUARY 1 ,- 1929. jam 4. „ mg A special meeting of the Board of Selectmen was held at the Selectmen's Room, at 7:30 P.M. Messrs. Burnham, Ballard, Custance, Chamberlain and Robertson were present. The Clerk was also present. The following estimates were approved for the various accounts : Forest Fires $500. Highway Dept. for various Estimates street construction 20,000. (For the completion of construction on Mass. Avenue from Waltham Street and Bedford Street to Elm Avenue, and to construct any or all of Waltham Street from Mass. Avenue to Marrett Road. ) In regard to the construction of water mains , it was decided to carry out part 4, 5, and part of 6 of the water survey of Metcalf & Eddy which would cost approximately $57,700. Water Mains It was therefore voted that an appropriation of $50,006 be made for the reinforcement of the Water Department, and that $30,000 be appropriated to cover applications for new construction work, and that bonds and notes be issued for this amount over a term. of twenty year's . The traffic beacon sheet was referred to the t. of Public Works to report upon the same. traffic Beacors3 p An appropriation of $500. was approved for cleaning B out brooks. It was voted to request Metcalf & Eddy to proceed with the work contained in their pro proposal p dated June 8, 1928 under items 2, 3, 4, 5, and 6 at a total cost of $3,000. The appropriation for garbage was laid over Garbage for one week. The Board considered the matter of a tuberculosis hospital to be located in Lexington in the southerly section of the Town and voted unanimously as follows: The Board of Selectmen of Lexington, acting as a Board of Appeals, under General Laws, Ch. 40. sec. 27, having receiveda written petition addressed to the Board by the County Commissioners of Middlesex County, a copy of which is herety annexed, held a public hearing thereon, of which notice was mailed to the petitioner and to the owners of all property deemed by the Board 45 to be affected thereby as they appear on the most recent local tax list , and also advertised in the Lexington Times-Minute .Man, a newspaper published in Lexington, which hearing w's held in Estabrook Hall, Cary Memorial Building on Thursday, February 7, 1929 at eight o'clock P.M. All five members of the Board of Anneals were present at the searing. A hertificate of notice is hereto annexed. At this hearing the County Commissioners offered evidence tending to show that the site on which they ppopose to erect a tuberculosis hospital land appurtenant buildings ill located partly in Waltham and partly in Lexington, and that doubt has arisen whether the buildings are included in the definition "publis buildings" as set forth in Tuberculosis sec. 4, sub-sec. 3, of the Zoning BM-law of the Hospital. Town of Lexington, and that some or all of the paid buildings may be located in the said Lexington. They further offered evidence tending to show that the statutes have authorized the location, con- struction and maintenance of a tuberculosis hospital in Middlesex County; various sites have been visited and the one selected in Lexington has appeared most adequate to the administrative officers having the matter in charge ; that it is readily accessible as it is nearby main avenues of traffic; that conven- ience of location is of paramount importance in operating a hospital; it is difficult and frequently impossible to secure services of nurses , doctors , and employees without such convenience; that patients suffering from a disease such as tuberculosis are entitled to be cared for in a place where they may be readily visited by their relatives and friends ; that the site selected can be connected with Metropolitan water, with sewer drainage , and supplied with electricity and gas; that the site is a proper one for a hospital from a health standpoint.; that it will not be injurious to the neighborhood wither from a health or economic standpoint; that there is no danger of the carrying of germs; that there is a piggery on the site that will be removed; that the locus is within twelve-mile radius of eighty per cent of persons who might have use for the hospital and thRt the property selected is the only suitable and available site in Middlesex County possessing all of the necessary requirements for a County Tuberculosis Hospital. No one appeared and no evidence was offered in opposition to the petition. The hearing was then adjourned. At the close of the hearing the Board of Selectmen, acting as the said Board of Appeals, ill private session gave consideration to the subject of the petition, and thereafter, after consideration, the said Board at a meeting duly called and held 46 r`' in the Selectmen's Room in the Town Office` Building in Lexington on Wednesday, Februar_yI3, 1929, at eight P. I. all fivemembers of the said Board of Appeals being presentat this meeting, voted unanimously in favor of the following findings. 1. That in its judgment the public con- venience and welfare will be substantially served by the making of this exception and the erection of the proposed hospital. 2. That the exception so made and the erection of the said hospital will not tend to impair the statue of the neighborhood. 3. That the exception made and the erection of the hospital will be in harmony with the general purposes and intent of the district regulations in the Lexington Zoning By-law. 4. That the making of the exception and thbr erection of the hospital is a use obviously intended but n-t specifically mentioned because harmonious compatable and/or necessary for the public convenience. 5. That the enforcement of the Lexington Zoning By-law as to the locus in question would involve practical difficulty and unnecessary hardship and the relief requested, to wit: - the construction of a tuberculosis hospital, under the provisions of secs . 78-91 inclusive of Chapter 111 of the General Laws as amended may be granted without substantially derogating from the intent and purpose of such Zoning By-law. Pursuant to the said findings , and in view of the doubt as to the meaning of the words "public buildings" in said sec. 4, sub-sec. 3 of the Zoning By-law of the Town of Lexington, the Board, so far as may be necessary for the erection of the said buildings , hereby varies the ap,,lication of the said Zoning By-law on the ground that its enforcement would involve practical difficulty and unnecessary hardship, and that desirable relief may be granted without substantially derogatingfrom the intent and purpose of the said Zonin -law, and hereby varies the application of the district regulations established by the said By-law in harmony with them general purposes and intent so far as is necessary to permit the construction of the said proposed buildings . The Board hereby makes a detailedrecord of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are contained in the foregoing paragraphs which recite the substance of the testimony presented 47 at the said hearing by the County Commissioners, and direct that this record immediately following this decision shall be filed in the office of the Town Clerk and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. Board of Appeals under General Laws, Ch. 40, sec. 27. Albert H. Burnham James G. Robertson Selectmen William H. Ballard of Theodore A. Custance Lexington. Francis Chamberlain I, Helen C. Whittemore, Clerk of the Board of Selectmen of Lexington, acting as a Board of Appeals under General Laws, Chapter 40, sec. 27, hereby certify that I mailed a notice of which a copy is herety attached to Henry C. Packard, John Shea, Ann Shea, William G. Potter, John M. Miskell, William J. Miskell, Edwin W. Hutchinson, Arthur F. Hutchinson, James F. & Lillian D. Moran, Ernest DeVincent, Biagio & Augustina Tambascia, Commonwealth of Massachusetts, Dept. of Mental Diseases, Frank H. & Madeline VNhelpley, and Moody Land Trust, on February 18, 1929, and that a copy thereof was published in the Lexington-Times ' Minute Man on February 1, 1929. Helen C. Whittemore Notice. January 31, 1929. The Board of Selectmen will hold a hearing on the matter of varying the application of the Zoning Laws by permitting the location, construction, and maintenance by the County of Middlesex of a Tuberculosis Hospital under the provisions of General Laws, Chapter 111. Sections 78-91 b©thginclusive and Acts in amendment thereof and in addition thereto, within the limits of the Town of Lexington in the area westerly of Walnut Street, Lexington, northerly of Trapelo Road, Waltham, and southerly of oncord Avenue, Lexington. So much of said area as is in Lexington is in a district known as R. 1, under the Zoning Laws. This hearing will be held on February 7, 1929 at 8 P.M. at Estabrook Hall, Cary Memorial Building. Albert H. Burnham, ' Chairman. 48 The Board viewed each of the articles 'in the Town Warrant and approved the following articles; Articles Art. 1. To choose by ballot the following town officers ; One Town Clerk for the term of one year; two Selectmen for the term of three years; one Town Treasirer for the term of one year; one Collector of Taxes for the term of one year; one Cemetery Commissioner for the term of three years; one member of the School Committee for the term 6f three years ; two Constables for the term of one year; one Moderator for the term of one year; two members of the Planning Board for the term of three years. Art. 2. To receive the report of any Board of Town Officers or of any Committee of the Town, and to appoint other Committees. Art. 3. To choose such Town Officers as are re- quired by law and are usually chosen by Nomination. Art. 4. To see if the Town will make the usual ap- propriations for Town expenses the ensuing year or act in any manner relating thereto. Art. 5. To see if the Town will make an approp- riation for the Suppression of Gypsy and Brown Tail Moths , in accordance with Chapter 132, General Laws, or act in any manner relating thereto. Art. 6. To see if the Town will make an appropriation to provide funds for the payment of pensions to retired town veterans under Chapter 32, section 52-55 General Laws, or act in any manner relating thereto. Art. 7. To see if the Town will vote to appropriate and assess in amount of money to be used as a Reserve Fund as provided by Chapter 40, Section 6, General Laws, or take any action relating thereto. Art. g. To see if the Town will appropriate funds for the payment of pensions to retired members of the Police and Fire Departments under Chapter 32, General Laws, or act in any manner relating thereto. Art. 9. To see if the Town will authorize their Treasurer, under the direction of the Selectmen, to borrow money for any necessary purposes , in anticipation of revenue for the current year, the same to be repaid directly from the proceeds of said revenue, or act in any manner relative thereto. Art. 10. To see if the Town will vote to raise and appropriate the mum of $300. or some other 49 amount, and elect a director, the money to be expended by and th4 director to serve in co- operation with the Middlesex County Trustees of County A14 to Agriculture in the work of the Middlesex County Extension Service , under the provisions of Section 40 to 45 Chapter 148, General Laws of Massadhusetts . Art. 11. To see if the Town will vote to aprropriate money for the use of the water and sewer Department and to provide same by issuance of bonds , notes or by direct appropriation or by any or all of such methods, or take any other action relating thereto. Art. 12. To see if the Town will vote to ap- propriate money, by the issue of bonds , notes or otherwise , for tre constti'. tion of a part or all of Waltham Street from Massachusetts Avenue to Marrett Road. Art. 13. To see if the Town will vote to appropriate money by the issue of bonds , notes or otherwise , to complete the construction of Massachusetts Avenue from Waltham Street to Bedford Street, and Bedford Street from Massachusetts Avenue to Elm Avenue. Art. 14. To see if the Town will authorize the Board of Selectmen to enter into a contract with the Mas- , sachusetts Department of Public Works, Division of Highways, for the construction of any State Highway which may be laid out or constructed in the Town during the present year or take any action with respect thereto. Artl 15. To see if the Town will indemnify the Commonwealth of Massachusetts against any and all claims for land, grade and drainage damages which may be caused by or result from the laying out, altera- tion or construction of any State Highway or section of State Highway in Lexington, and will authorize the Board of Selectmen to sign indemnity agreement therefor in behalf of the Town, or take any other action in respect thereto. Art. 16. To see if the Town will vote to appropriate money to place curbing and granolithic sidewalks adjacent to the town property. Art. 17. To see if the Town will authorize the Board of Selectmen to grant StanleyHill Post #38, the American Legion, Lexington, ass . , the use of the auditorium in the Cary Memorial Building without charge on April 19th, November 11th, and four other evenings in each year, also the use of Estabrook Hall in said building without charge, for the regular meetings of the American Legion, or act in any manner relating thereto. 50 , rt. 13. '2o se - if the Town will vote to authorize the Selectmen to install sewers in the following streets Charles Street, Chase Avenue, Baker ag Avenue, Tarbell Avenue, Taft Avenue, Oak Street, and Waltham Street, appropriate money for said construction and to issue bonds or notes or act in any manner relating thereto. Art. 19. To see if the To,r'n will vote to rescind the loan of $50,000. , being the unused portion of the authorization made at a Town Meeting held Septem}ger 22, 1927 whereby the Town was authorized to borrow $95,000 for the purpose of constructing and equipping a new To Office Building, in accord- ance with the provisions of Section 19, Chapter 44 of the General Laws. Art. 20. To hear the report on the review of the present Zoning Laws by the Committee authorized by vote of the Town December 17, 1928 to review the Zoning Laws, or act in any manner relating thereto . Art. 21. To see if the Town will add cc, alter, correct, amend, repeal or modify the present Zoning BY-Law of the Town by adopting the general revision recommended by the Committee for the Review of the present Zoning By-Laws, appropriate money for the printing of said by-laws or act in any manner re- lating thereto. Art . 22. To see if the Town will vote to authorize II the Selectmen to petition the Director of Accounts of the State for an audit for the year 1929. Art . 23. To see if the sown will vote to appropriate money to construct a fence around L'olonial Cemetery, or act in any manner relating thereto. Art. 24 To see if the Town will appoint aa.ilding Committee of seven, of which three shall be the School Committee, to secure architect ' s plans and contractor' s bids for a new Elementary School Building in the southern part of the Town and provide by appropriation and assessment, or otherwise, the money necessary for such purpose, or take any other action relative thereto Art . 25. To see if the Town will authorize the Selectmen to sell and convey a portion of the land conveyed to the Town by deed of George W. Spaulding dated April 17, 1906 and recorded with Middlesex South District Registry of Deeds, Book 3243, page 385, adjoining the premises of Lillian G & Lois M. '1arghall, or to exchange the same for other land of either of the said Marshalls, or purchase such other land or abandon, convey or release any easement inland of the said Marshalls, or either of them, appropriate money for such purpose or purposes by the issue of bonds, notes or by direct appropriation, or act in any manner re- lating thereto. 51 Art . 26. To see if the Town will vote to appropriate money to construct a swimming pool on the Parker Field Pla--- ground, or act in any manner relating thereto 111 Art.. 27. To see if the Town will vote to transfer the sten of $1090.82, being the balance to the credit of 7estview Cemetery Account for purchase of land, to the credit of sewer construction. Art . 28. To see if the Town will autharize the Selectmen to purchase from the Stuart Marshall Company the land and building forming the front 25-feet in depth fro L.assachusetts Avenue of the so-cal ed Central Block corner of Meriam Street, Massachusetts Avenue and Depot Hark in order to provide for a widening of Massachusetts Avenue when required and in order to induce the Stuart Marshall Company, instead of remodelling the present building, to demolish it within the next two years and erect in its place a new 3-story and basement building containing stores and apartments. Also to authorize the the Selectmen to grant to the Stuart Marshall Company an option for not more than six months to purchase the property of the Town on Meriam Street known as the Center .Engine/House, skid option to purchase to contain the right on the part of the Town to occupy the Center Engine House for a period of two years and to have the right to cancel said two-year occupancy at any time by six months notice, appropriate money for such purnose by the issue of bonds, notes or by direct appropriation, or take any action in relation thereto. IN---In regard to the proposition on rebuilding the Stuart Boutelle Block, so-called, after it is moved back Marshall 25 feet, it was found that the Tenement House Act Realty would not allow this construction. Co. The Clerk Was therefor instructed to consult with the Town Counsel relative to drawing an article to cover this situation. In regard to the proposition of the Town entering into an agreement with Stuart-Marshall Realty Co. rela- tive to- the set-back of 25 feet along the Boutelle Block property, Mr. Ballard was requested to interview the Town Counsel relative to preparing an .rticle for the Town Warrant to cover this situation. In regard to the articles requested by the Chief of the Fire Department, it .was decided to await such time as the Appropriation Committee can meet with the Board next week to decide just what articles should be inserted in the warrant. The meeting adjourned at 11:50 P . M. A true record, Attest: Clerk