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HomeMy WebLinkAbout1929-02-14I 4 SPECIAL MEETING, FEBRUARY 14.,__1929. 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 aprroved for the various accounts: Forest Fires $500. Highway Dept. for various Estimates street construction 20,000. (For the completion of construction on Dass. 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 &c Eddy which would cost approximately $57,700. Water Mains It was therefore voted that an appropriation of 050,006 be'made for the reinforcement of the !dater Derartment, and that $307000 be appropriated to cover applications for new construction work, ' and that bonds and notes be issued for this amount over a termof twenty years. The traffic beacon sheet was referred to the traffic BeacornSupt. of Public Works to report upon the same. An appropriation of $500, was approved for Brooks cleaning out brooks. It was voted to request Metcalf &c Eddy to proceed with the work contained in their proposal 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 ennsidered 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. sea. 27, having received a 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 M to be affected thereby as_they arpear on .the most recent local tax list, .and -also _advertised in the Lexington Tires-Minute..Man,_.a _newspaper published in Lexington, which hearing wps ' held. in Estabrook Fall, 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 gearing. A hertificaie of notice is hereto annexed. At this hearing the County Commissioners offered evidence tending to show that the'site on which they propose to erect a tuberculosis hespital tmd appurtenant buildings It located partly, in Waltham and partly in Lexington, and that doubt has arisen whether the build4ngs,,are included in the definition "publis buildings as set forth in Tuberculosis see. 40 sub -sec. 3, of the Zoning By-law of the Hospital. Town of Lexington, and that some or all of the said 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 hav&n.g 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 is secure services of nurses, doctors, and employees without such convenience; that patients suffering from a disease such as tuberculosis ire 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 injuriouq: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 thesitethat 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 that the prpperty selected is the only suitable and available site in Middlesex County,posseasing 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, ii private session gave consideration to the subject of the petition, and thereafter, after consideration, the said Board at a meeting duly called and. held M in the Selectmen's Room in. the Town -Office Building in Lexington- on.. Wednesday,_. Februar_g13, 1929, at eight P.M. all five, members of_Al-e- _said Board of Anpeals being present.at_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 Zoling By-law. 4. That the making of the exception and ther erection of the hospital is a use obviously intended but n -t specifically mentioned because harmonious oompatable 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 atuberculosis hospital, under the provisions of secs. 76-91 inclusive of Chapter lli of the General Lags 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 see. 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 derogating from the intent and purpose of the said Zoning By -lair, and hereby varies the application of the district regulations established by the said By-law in harmony with thejr general purposes and intent so far as is necessary to permit the construction of the said proposed buildings. The Board hereby makes a detailed record 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 1 M at the said hearing by the County Commissioners, and diredt 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 8. 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 Whelpley, and Moody Land Trust, on February 18, 1929, and that a copy thereof was published in the Lexington -Times Minute Pian 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 Lags, Chapter 111. Sections 78_91 both,zinclusive 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 Concord Avenue, Lexington. So much of said area as is in Lexington is in a district known as R.I. under the Zoning Laws. This hearing will be held on February 7, 2929 at 8 P.T. at Estabrook Hall, Cary Memorial Building, Albert H. Burnham, Articles The Board viewed each of the articles'in the Town Warrant and approved the following 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 Treamrer for the term of one year; one Collector of Taxes for the term of one year; one Cemetery Commissioner for the term of ,three gears; one member of the School Committee for the term of three years; two Constables for theterm 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 Lags, 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 69 General Laws, or take any action relating thereto. Art. S. To.see if the Town will appropriate funds for the payment of pensions to retired membors 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. lo. To see if the Town will vote to raise and appropriate the sum of $300, or some other 1 1 M amount, and elect a director, the money to be expended by and the director to serve in.co- opera•tion with the Middiesex 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 Massachusetts. Art. 11. To see if the Town will vote to appropriate 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 consty=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 Apr:TA 19th, November lith, 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 a art. 13. •To seg: if the Town will vote to authorize � the Selectmen to install sewers in the following streets: Charles Street, Chase Avenue, Baker 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 Town will vote to rescind the loan of w50,000., being the unused portion of the authorization made at a Town Meeting held '_ September 22, 1927 whereby the Town was authorized to borrow $95,000. for the rurpose of constructing and equipping a new Tovm 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 to, alter, correct, amend, repeal or modify the present Zoning By -haw 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 T.vill vote to authorize , the Selectmen to petition the Director of Accounts of the State for an audit for the year 1929. Art. 23. To see if the Town will vote to appropriate money to construct a fence around Colonial Cemetery, or act in any manner relating theredto. ° Art.. 24. To see if the Town will appoint a L3uilding 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 173, 1906 and recorded with Middlesex South District Registry of Deeds, Book 3243, page 385, adjoining the premises of Lillian G. & Lois M. Marghall, 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 purrose or purposes by the issue of bonds, notes or by direct appropriation, or act in any manner re- lating thereto. 1 r I - Art. 26. To see if the Town will vote to appropriate money to construct a swimming pool on the Parker Field Play- ground, or act in any manner relating thereto. Art.. 27. To see if the Town will vote to transfer the sten of $1090.82, being the balance to the credit of Tozestview Cemetery Account for purchase of land., to the credit of sewer construction. Art. 28. To see if the Town will authorize the Selectmen to purchase from the Stuart Marshall Company the land and building forming the front 25 -feet in depth froti I+iassachusetts Avenue of the so-called Central Block corner of Meriam Street, Massachusetts Avenue and Depot lark 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, sid 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 occupar_c�T at any time by six months notice, appropriate money for such purpo-se by the issue.of bonds, notes or by direct appropriation, or take any action in relation thereto. 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 grticle 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 .vhat articles should be inserted in the warrant. The meeting adjourned at 11:50 P. M. A true record, Attest: Clerk