HomeMy WebLinkAbout1929-04-09 107
REGULAR MEETING, APRIL 9, 1929.
A regular meeting of the Board of Selectmen was
held at the Selectmen's Rom, a ? 30 P.M.
Nessrs
Burnham, Blake, Shannon, Custance ,
were present. The Supt. of Public Works and the
Clerk were also present.
The Board viewed the plan of East Street in
the Engineering Office. The plan called for a
layout of 50 feet. The Boardalso viewed the
tentative layout of street connecting East Street
with North Hancock Street across private lands .
Discussion arose as to whether the State
wo'd.ldtake over this highway from Lowell Street
through East Street and over private lands either
to North Hancock Street or carrying a street East St. plan.
parallel to North Hancock Street or carrying a
street parallel to North Hancock Street across
lands to Bedford Street approximately opposite
the Coal Company. If the State took over this
highway it would have to be a layout of 60
feet.
Its was therefore decided that the Town
Engineer sho•lld consult with the State Engineer
to find out whether or not the State would look favorably
on this layout before taking any steps.
The Board viewed the plan of Hill Street as laid
out by the Town Engineer, and expressed the opinion
that a definite layout of this street should be Hill Street
made while the Town owns the Almshouse property,
and there are less land owners to deal with than
perhaps at a future date.
The Board therefore voted to proceed to lay
out Hill Street.
The Board signed the following order of their
findings on the hearing of the WLEX broadcasting
station.
April 9, 1929
The Board of Selectmen of Lexington acting as
a Board of Apreals , under General Laws , Chanter 40,
Section 27 , having received a written petition ad-
dressed to the Board by John E. Sweeney of Mattapan,
a copy of which is her--to annexed held a public 'ALEX
hearing thereon of which notice vs mailed to the Order.
petitioner and_ to the owners of all property deemed
by the Board to be affected thereby as they appear
on the most recent local tax list, and also advertised
in the Lexington Timen-Minute Man, a newspaper
108
published in Lexington, which hearing was
held in the Town Office Building on Tuesday,
March 26, 1929 at 8 o' clock P.M. All five mi
members ofthe Board of Appeals were present
at the hearing. A certificate of notice is
hereto annexed.
At this hearing, representatives of
the petitioner offered evidence tending to show that
the buildings which they proposed to alter and
use are located in Lexington.
They further offered evidence tending to
show that the buildings which they now intend to
alter and use for a broadcasting station are
located unon nro'erty which was formerly a
part of the same piece of property which they are
now located upon; that the buildings which they
are now operating in are not sufficiently large
to enable them to operate with the rights and
equipment which they have purchased from the
Transcript Statin WBET; that the operation of
the larger station will not interfere with the recep-
tion any more than it now interferes; th-t the
external and internal appearance of the building
will not be any different than in the pest with
the exception of alterations for convenience;
that the bui'�ings which they intend to use
were formerly used by the Algonquin Springs for
the business of bottling tonics and mineral
water.
No one appeared to offer evidence in
objection to the petition and the hearing was
then adjourned.
At the close of the hearing, the Board of
Selectmen, acting as said Board of Appeals , in
private session, gave consideration to the
subject bf the petition, and thereafter , after
consideration, the said Board at a meeting duly
called and held in the Town Office Building,
Tuesday, April 9, 1929 at 7:30 P.M. , all five
members of the Board 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 ttiis exce*+tion and the alteration
and use of buildings as a broadcasting station.
2. That the alterati"n and use of said
buildings will not 'tend" to impair the status
of the neighbofhooO.
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3. That the exception made in the use
of said builrqIngs will be in harmony with
the general purposes and intent of the district
regulations of the Lexington Zoning By-Law.
4. That the making of the exception and
the alteration of said buildings is a use obviously
intended but not specifically mentionedbecause
harmonious computable and/or necessary for the
public convenience.
Pursuant to said findings the Board, so far
as may be necessary for the alteration of said
buildings, hereby varies the application of the
said Zoning By-law on the ground that its
enforcement would involve practicable difficulty
and unnecessary hardship and that desirable
relief may be granted without substantially
derogating from the intent and purpose of the
said Zoning By-law, and hereby varies the ap-
plication of the district regulations established
by the said By-law in harmony with the general
purposes with intent so far as is necessary to
e
p rmit alteration of the said buildings.
The Board hereby makes a detailed record of
all i-ts proceedings relative to such petition
and hereby sets forth th - t the reasons for its
decision are contai^ed in the foregoing paragraphs,
which recite the substance of the testimony pre-
sented at the said hearing by the representatives
of Mr. John Sweeney, and direct thst this record.
immediately following this decision shall be
filed in the office of the Town Clerk and shall
be open to public inspection, and th't notice
of this decision shall be mailed forthwith
to each party in interest.
The Board of Appeals , under Chapter 40,
Section 27.
Albert H. Burnham
Clarence Shannon
Theodore A. Custance
Francis Chamberlain
Bailie C. Blake
I, Helen C. Whittemore Clerk of the Board
of Selectmen of Lexington, acting as a Board of
Appeals under General Laws, Chanter 40, Section
27, hereby certify that I maileda notice of
which a Copy is hereto attached to Jacob Bornstein,
A�?stim M, Locke , Henry H. Lilies, Trustee, Alice
' Manning, John J. & Esth sr H. Burtch, Geneviete
Eaton, Lexington Real Estate Trust, R. L. Ryder ,
Trustee , Albert H. Burnham, John H. Willard,
Barbara E. Bean, David H. Fulton, Attorney for
110
John E. Sweeney, on March 6 , 1929 an th.,t
a cony tre^eof wr,s published in the Lexington =
Times-Minute Man on M9rch 8 and March 15 , 1929. As
Helen C. Whittemore.
Boston, Mass , February 27, 1929.
TO THE HONORABLE, THE BOARD OF SELECTMEN,
OF THE TOWN OF LEXINGTON:
The undersigned respectfully petitions your
Honorable body for permission to alter existing
buildings on land situated on the Northeasterly
corner of North and Adams Streets, in said
Lexington, bounded by Adams Street, North Street
acid the Burlington Line , so as to fit the said
buildings for use as a radio broadcasting station
and to use the said buildings as altered for
the purposes of a radio broadcasting station,
in accordance with Sections 15 and 16 of the Zoning
By-law of the Town of Lexington, and Chapter 133
of the Acts of 1924 of the Commonwealth of
Massachusetts.
John E. Sweeney
NOTICE
Lexington, Mass.
March 5, 1929.
The Board of Selectmen will hold a hearing
on the matter of varying the application of the
Zoning Law by permitting the alteration bf existing
buildings on land situated on the northeasterly
corner of North Street and Adams Street bounded
by Adams Street, North Street and the Burlington
Line, for use as a radio broadcasting station,
and to use the said building as altered for the
purpose of a radio broadcasting station, in
accordance with Sections 15 and 16 of the Zoning
Law of the Town of Lexington, and Chapter: 133 of
the Acts of 1924. So much of Laid area as is in
Lexington is in the district known as R 1, under
the Zoning Laws.
The hearing will be held on March 26, 1929
at 8 :00 P M. at the Selectmen's Office, Town
Office Building.
Albert H. Burnham,
Chairman, Selectmen.
1
111
The bonds of the Supt. of Public Works
and the Plumbing Inspector were approved. Bonds.
Hearing was declared oren upon the
application of Frank Robinson of 7 Locke St. ,
Arlington, for permission to locate a private
garage on his lot on Lowell Street, Lexington. Robinson
No persons appeared 0 object, and it garage.
was toted to grant the permit providing he
present the necessary information on the plot
plan.
Hearing was declared open upon the
application of Sarah Berman of 12 'Kass .
Avenue for permission to locate a private
garage on her lot on 32 Sylvia Streit.
Two representatives appeared for Mrs. Berman
Ber-'an and presented a plot plan showing garage .
the location of the garage and showing its
location in reference to other buildings.
There being no objection, it was
voted to grant the permit.
Permission was granted to the Edison
Electric Ill. Co. to erect and maintain one
pole on Locust Avenue , at Mass. Avenue. Pole Locations
Permission was also granted to the
Edison Electric Ill. Co. and the N. E. Tel.
& Tel. Co. to erect and and maintain a
joint pole on Hancock Avenue, approximately
20 ft. east of the Boston and Maine Railroad
Cr os aeing.
The following licenses were granted:
Alcohol
Jenney Mfg. Co. Marrett Rd.&Waltham St.
Gertrude E. Chase 433 Marrett Road.
Herbert M. Lawrence 1777 Mass. Ave.
Calvin W. Childs 378 & 409 Mass . Ave.
Irving Currier Woburn & Lowell Sts .
Standard 0;1 Co. of N.Y. 27 Mass . Ave .
" Manor Crescent
" " 789 Mass. Ave.
Auctioneer 's.
Leslie J. Wood Webb St.
Common Victualler 's
Sarah Berman 22 Mass. Ave.
Gertrude B. Chase 433 Marrett Rd.
Hattie E.A.Peckham 37 Hancock St.
Rufus W. Blake 1733 Mass . Ave.
Catherine F. Donovan 123 Lincoln St.
112
- Robert B. & Cecily I.Lutes 271 Marrett Rd.
Caroline A. Harrington &
Phoebe E.M. Hutchins 1661 Mass . Ave .
'A. L & Grace M. Smith 264 Bedford St.
`H.M.Munroe & Irving Currier Woburn & Lowell Sts .
Licenses. Mrs . Mary A. Rowland Lowell St.
Breck_Robinson Nursery Co. Mass . Ave.
Ashley W. partridge 1708 Mass . Ave .
Innholder 's.
Mary G. Mullen & Mary A.Welsh 283 Mass . Ave .
George S. MacAlpine 50 Percy Rd.
Intelligence
Florence Cirttenton Circle 1851 Mess . Ave.
Junk Collector's
'Uacob Bornstein 4 Sylvia St.
Slaughter House
August Young Laconia St.
Public Carriage
James T. McGann Woburn St. ,
Sunday Sales
Sam B. Rome 93 Mass . Ave.
Banks F. Trumbull Waltham St . & Concord Ave .
Anna A. Hannaford Marrett Road
Frank I. Pierson 856 Mass . Ave.
Edward I. Berman 12 Mass . Ave.
Theatre
• William Viano 1794 Mass. Ave .
Undertaker's
James F. McCarthy 60 Bedford St.
Thomas M. Montague 33 Waltham St.
Arthur A. Marshall & Son 1844 Mass . Ave .
Liquor
Ernest C. Martin 1793 Mass. Ave.
Stone Bldg. Report was received from the Wire Inspector
wiring, relative to the condition of the electric wires
in the Stone Building, and advising that certain
electrical work be done to correct conditions.
Letter was directed to Mr John Moakley
asking for a figure on the cost of doing the
113
work that would be necessary to correct the condition.
Letter was received from Mr. William Viano
requesting permissibn to erect a marquee at the
Lexington Theatre . •
Discussion arose as to whether any action Viano
could be taken previous to the adoption of the Marquee.
regulations governing the overhanging signs.
It was finally voted to request Mr. Viano
to bring in a plan of what he intends to erect.
In regard to the regulations for over-
hanging signs it w^s decided to view the regu- Overhanging
lations and be ready for action unon the sign regulations.
adoption of the same at the next meeting.
The following report of the Health Survey
was received from Dr. George H. Bigelow.
RECOMMENDATIONS
Communicable Diseases
1. Epidemiological ease histories should
be kept at least on typhoid fever, diphtheria
and scarlet fever.
2. It is useful to have a map on which
cases of scarlet fever, diphtheria and other Health Survey
diseases can be snotted. Recommendations.
3. A regulation should be adopted requiring
that a case of typhoid fever be released only after
two consecutive negative cultures.
4. Cultures should be obtained at least
from all food handlers who give a history of having
had typhoid fever.
5. Terminal fumingation should be stopped.
6% Nursing service to eases of communicable
disease shaid be established.
7. The dinhtheria immunization campaign be
intensively carried on in the pre-school group.
8. dhialel' D tt i't' ah"d'th4"io'"ca1 Bb%rd
'zit' Health hid exehar ii io tih relative to
Vaccination.
9. The minimum quarantine requirements recommended
` , by the Massachusetts Association of Boards of Health
and this Department should be adopted.
10. Diphtheria antitoxin shotld be readily available
at any time of the day or night. This is usually most
easily accomplished by having an ice-box in the police
station.
114
CDC
Vital StatisticsZal
1. All deaths from communicable disease
should be ehecked and reconciled with reported
cases.
2. Birth reporting should be checked every
year.
3. The annual report of the vital statistician
should include statistics as to age and sex of births
and deaths , increases or decrease in mortality rate
and birth rate, and other information of vital
interest. To print the names of births and deaths
may be of social interest but has no importance
from the point of view of the vital statistician.
4. Deaths should be classified, by the abridged
International Classi£ic .t•it§n of Causes of Death.
Tuberculosis
1. The field nursing service to t berculosis
patients shouldbe increased.
2. Clinical service, either in Lexington or
where a clinic already exists , should be established.
3. Provision should be made for special priv-
ileges
in the schools .
4. Provision should be made for special
privileges in the home.
Health of the Child
1. Parents should be invited to be present
at the physical exomination of their children.
2. Facilities should be available fop out-
door sports in winter
3. The school nurse should not do truancy work.
She has probably too many children to take care of
without this additional burden.
4. The visiting nurse shouldnot be asked to
devoterher tine to poor relief when there is plenty
of nursing work to be done
5. Nursing visits to cases of communicable
disease should be provided.
Popular Health Instruction
1. The Boar' of Health should be constantly
distributing educational health pamphlets on
various subjects.
115
2. There should be weekly educational
material supplied to the local paper
3. The Board of Health shouldarrange to
have certain number of lectures given every year
under their auspices.
Sanitation
1. Minimum standards should be drawn up for
the control of food handling establishments.
2. There should be a regulation requiring
that all food handlers who give a history of
having had typhoid be required to submit specimens
for the determination of the carrier state .
3. The Board of Health should insist that
all individuals owning property on a public or
private way in which a common sewer has been laid
connect with same.
Discussion arose as to what should be done
by the Town on this health work.
It was suggested that Dr. Shannon be the
member of the Board on a committee of five , the
five to be selected. by Dr. Shannon, one member
to be repr -sentative of the Public Health Assoc- Health Survey
iation to formulate plans to put in effect a
health program, and that this committee report
to the Board. of Selectmen once each monthl
Letter was received from Town Counsel giving
his opinion relative to policy #13401 of the Century
Inaemnity Co. issued by Elmer A. Lord & Co. This
Policy was issued to cover the teachers and other
clerical employees of the town. It appears however,
from the General Laws that only laborers and
mechanics can be covered under workmen's compen-
sation insurance. The only mechanic that would
possibly come within the jurisdiction of this
policy is the manual training teacher in the Insurance.
High school.
The clerk was directed to ascertain whether
he would be eligible for coverage under the work-
men's compensation act and if so to see if the policy
was issued to cover him, and to cancel the balance
of the policy.
It was also voted to endorse the two drivers
of the Garbage Department so that they would be
covered under the Highway Compensation Policy.
It was votedto request the State Dept. of
Health to make an insrrectien of the premises owned
by Charles W. Ryder and the Ryder Stock Farm, Inc. Ryder pigged
located on Waltham Street, and to ask them for their
recom }endatirn as to the conditions.
he Health Inspector w^s also requested to view
the rrrmises with this Department .
116
Mr. Custance reported in regard to the „-;
Moretti garage, a matter which had been referred 411
to him, that the Building Inspector should grant
WAretti a permit to Mr. Moretti on condition that he
garage . close un the door going into the garage under-
neath the house, so thet storage space for
three cars will be allowed.
Town Counsel Bill of the Town Counsel in the amount
bill. of 338.00 was approved by the Board .
Dr. James J. Walsh came before the Board to
ofer a few suggestions of changes which he
felt should be made which he gathered from his
experience on tie Ap--ropriation Committee . He
stated that he felt t -e by-law should be changed.
to permit a longer term of office of the members,
that the members should be allowed to be re-
appointed in ' smuch as it is only by the third
year that they are really well versed in town
affairs , that the Board must keep in mind the
excessive increase of expenditures in the depart-
ments, that the policy of exceeding the apnrop-
riati-n given andcalling for the second
appropriation during the year is entirely unwise,
Changes that the appropriations should be given a more
Approp. Com. detailed study before going to the Appropriation
Committee and should be given to them more in
detail. The matter of stock on hand is never
figured in when the appropriations are asked for.
That the per centage of collection of water rates
by the Collector of Taxes is probably more than
is realized by the Board, that the appropriations
made for fire alarm wires in the past ye rs have
been mostly spent in repairing the fire alarm
wires rather than for new construction of the fire
alarm system. The suggestion of an appointment
of a line man who could do all repair work of the
fire alarm system, and also be available for cal/
duty on the department, and thereby save considerable
for the department.
No action was taken on the matter .
Mr. Fred Ingalls of the Edwin S. Parker Co.
appeared before the Board with a sketch of proposed
Police lights to be placed near the street and' near the
lights. entrance to the Police Station. He stated that
the installation of these two lights would be
3215.00 without the concrete base.
The Board questioned whether both lights
needed to be as ornamental, that is, the one in
the rear near the Police Station did not need
to be so ornamental, andthey requesteda price
on one light be be installed. Mr. '-1sgall:s
agreed to present the estimates for both one
and two lights in writing.
117
Report was received from the Wire Inspector
in regard to the complaint of Elvin E. Baker of
the wires in Emerson Hall being so overloaded so
that the fuse blew on Election day and they were
without lights . Emerson Hall
Mr. Bills recommended certain corrections lights .
bo made, and Mr. Custance directed communication
to Mr. Moakley for an estimate of the cost of
doing this work.
Lengthy letter was received from Buckley
& McCormack in witbh they complained of violations
of the enforcement of the nlumbing regulations Complaint,
by the Plumbing Insnector. Buckley &
The Board decided to hand a cony of the McCormack.
letter to the Plumbing Insnector and ask for
a written report on each violation contained
therein.
The appointment of the Fire Engineers
was laid over for one week.
Ii tlis conrectien apnlicatien was re-
ceived from Edward A. Smith of Belmont for Fire Eng.
the position of Chief of the Fire Department. appointment.
It was decided that Mr. Smith be notified
that his application could not be entertained ,
inasmuch as the Town voted to continue with
the present organization of the Fire Depart-
, ment.
The clerk reported that Mr. Bal lard
offered to continue negotiations in the Stuart-
Stuart-Marshall Realty Co. and A.A.Marshall Marshall &
propositiops by securing sale agreements. Marshall
The Board deemed it very fine of Mr- Matters.
Ballard to continue making negotiations,
and decided to inform him they would be very
glad to have him do this.
Daniel J. O ' Connell requested a hearing
before the Board in connection with the claim
of Dennis J. Healey for damages in excess of Healey
the award of the County Commissioners in the request.
amount of $582. for land taken in the widening
of Mass . Avenue from Oak St. to Pleasant St.
The Board decided to grant Mr. O ' Connell
a hearing, and to reeuest the Town Counsel
to be present.
In connection with obtaining bids for
fire department equipment as authorized in Fire Dept.
town meeting April 8, 1929, the Sunt1 of Equipment.
Public `+orks was requested to secure bids
on hose and information from Norwich, Conn.
in regard to the same .
118
Dr. Shannon reported the dangerous
condition on Hayes Avenue and the Board voted
Hayes Avenue to place a light on Hayes Avenue just below
Light. the henry Wadsworth place to relieve this
condition.
Mr. Blake reported a water connection which
Oakland Street projects on the sidewalk on Oakland Street
Water. sufficiently so that Mr. Clapp recently tripped
on it andhad rather a serious fall.
Mr. Blake reported that Miss Harrington
living at 1884 Mass. Avenue called his attention
to the condition of Belfry Hill in the rear of
Belfry Hill the premises occupied by Rev. Lee Heaton,
Mr. Blake stated tat the Heaton children had
built a little play house. but after request
wns made to remove the material it was done
immediately.
Mr. Blake stated that Miss Harrington
said she would agree to relinquish her rights
in the right of way to the Belfry Hill
property providing the Town would erect a
dividing fence for a distance of approximately
250 feet.
The Board suggested that Mr. Blake might
go further and make arrangements with the other
owners of the property to continue the fence
around Belfry Hill at least as far as the
Tenney property.
The matter was left with Mr. Blake to attend to.
Mr. Blake reported having a bid totaling
$87.25 same being the wholesale price on the shrubs
required for the replanting at the Hayes Fountain.
He stated that these would be ordered from New
St'or'k and that the entire amount for crating
Hayes Fountain would probably not exceed $100.00. he questioned
Shrubs. whether the Board desired to purchase them from
local nurseries or obtain them wholesale. He
stated that the same amount of shrubs purchased
at the local nurseries would probably amount to
$200.00.
The Board authorized Mr. Blake to proceed.
to secure the plants for the grounds around
the fountain.
Mr. Scamman reported that the Moth Department
will have time to do the planting of trees between
the time that they stop creosoting and start
Tree Planting. spraying.
The Board expressed the opinion that they
thought the shade trees should be planted on
the inside of the sidewalk, and that permission
shouldbe secured from the land owner.
119
The Town Engineer was to be requested to
run stakes on the Common in the location of the
curbing so that the Kelloway scheme of re- Common
planting the grounds about the Hayes Fountain Curbing.
could be visualized.
The Supt . of Public Works reported a figure
of 405i per foot as against $1.00 per foot Curbing
esti-ated by him for setting curbing. Figures.
It was decided to insert notice in the Dogs
local paper in regard. to the enforcement of
tLe law relating to dogs , and a notice to Sidewalks.
Hive parties desiring to make anrlication
for granolithic sidewalks an opnortunity
to present ti-eir application before bids are
requested.
The letter of the Supt. of Public Works Traffic
in regard to traffic signals was laid upon the Signals
table.
The following is the weekly report of the
Supt. of Public Works.
For week ending April 6, 1929.
Highway Department.
The Grader and Roller levelled and rolled
Old County Road, Weston Street, Walnut Street,
Bowman Street, Glen Road, Hancock Avenue, Somerset
Road, Adams Street, 'Nerd Street and Park Drive.
Gravel wes applied where necessary.
Surface patches were made on Wood Street,
Massachusetts Avenue, Lincoln Street, Lowell Street,
Reed Street, and. Concord Avenue.
Guti-ers were cleaned on a number of streets.
Drainage work and construction of a catch basin
in Adams Street and two catch basins in Glen Ro^d
was completed.
Completed the work of storing snow and ice
removal equipment.
Next week it is rlanned to continue the regular
maintenance work end to clean up the streets in the
vicinity of the Common.
Moth Department.
Continued the work of destroying tte gypsy moth
nests by treatment with creosote in Massachusetts
Avenue, Maple Street, Independence Avenue, Oak
Street Curve Street, Plainfield. Street, and Burlington
Street.
Park Department.
Regular maintenance work was carried on, and
120 IND
will occupy the department next week. 2114
Nater Maintenance.
Water services have been installed as
follows :- Loritg,, Hancock Street; Alberto,
harding Road, to curb only.
Approximately five hundred and fifty ( 550)
feet of 12" pipe have been laid in Mass. Ave. ,
a 12" gate has been inserted on this line
north of Woburn Street.
Sewer services have been installed as
follows : - Loring, Hancock Street; started service
for Foster, Plainfield St-eet; completed service
flor Horton on Lincoln Street.
The work contemplated for the week ending
April 20th is as follows : continvatien of the 12"
Supt. of Public main in Mass. Avenue , water and sewer services , etc.
Works report.
Engineering Department.
Sewer.
Locating water sheds for Metcalf & Eddy,
Sewer study.
Culvert levels Vine Brook (north ) crossing Waltham
Street in regard to sewer extension.
Highways .
Study plan for proposed highway from Massa-
chusetts Avenue to Vine Bronk Road to Waltham
street.
Relocation of East Streit proposed layout
drawn on standard sized plans .
Section elevations of Massachusetts Avenue
from Wallis Place to Waltham Street for curb
and sidewalk study.
Miscellaneous.
Stakes set for grading playground
between cinder track and Lincoln Street.
Street lines and grades for granolithic
sidewal'r corner Highland Avenue and Bloomfield
Street.
Very truly yours,
William' S
Scamman
Supt. of Public Works .
The meeting adjourned at 11 :20 P.M.
A true record, Attest
*4•C�,u, C le rk