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HomeMy WebLinkAbout1929-04-09I 1 0 REGULAR MEETING, APRIL 9, 1929. A regular meeting of the Board of Selectmen was held at the Selectmen's Room, at 7:30 P.M. Messrs. Burnham, Blake, Shannon, Custance, and Chamberlain were present. �e 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 Board also viewed the tentative layout of street connectigg East Street with Borth Hancock Street across private lands. Discussion arose as to whether the State wo, ld. take over this highway from Lowell. Street through Bast Street and over private lands either to North. Hancock Street or carrying a street 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•ild consult with the State Engineer V, East St. plan. UO find out whether or not the State wouli 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. 91 1929 The Board of Selectmen of Lexington acting as a Board of Appeals, under General Laws, 6harter 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 w^s mailed to the Order. petitioner and to the owners of all property deemed by the BoarA to be affected thereby as they appear on the most recent local tax list, and also advertised in the Lexington Ties -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 members of the 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 upon property which :^✓as formerly a part of the some 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 hnve purchased from the Transcript Station WBET; that the operation of the lArgPr station will not interfere with the recep- tion any more than it now interferes; tb-t the external and internal appearance of the building will not be any different than in the past with Vie excerption 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 cif 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 findin�.s: 1. That in its judgment, the public con- venience and welfare will be substantially served by the making of tti is exception and t?,e alteration and use of buildings as a broarleasting station. 2. ThQt the alteration and use of said buildings will not teya"`' to impair the status ' of the neighbofhood. 3. That the exception made in the use of said buildings will be in harmony with the general purposes and intent of the district regulations of tre Lexington Zoning By -Law. 4. That the making of the exception and t1,e alteration of said buildings is a use obviously intended but not specifically mentioned. because 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 buildinn;s, 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 permit alteration of the said buildings. The Board. hereby makes a detailed record of all its 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 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 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 Clarnnee Shannon Theodore A. Custance Francis Chamberlain Hallie C. Blake I, Helen C. Whittemore. Clerk of tre Board of Selectmen of Lexington, acting as a Board of Appeals under General Laws, Chanter 40, Section 27, herebyzeertify that I mailed a notice of wrich a copy is hereto attached to Jacob Bornstein, Anstim M. Zacke, Henry H. Dillas, Trustee, Alice ' Manning, John J. & Estr Pr H. B rich; Geneve e Eaton, Lexington Real Estate Trust; R. L. Hyder, Trustee, Albert H. Burnham, John H. !nri.11ard, Barbara E. Bean, David H. Fulton, Attorney for 1.10 1 ND John E. Sweeney, on March 6, 1929 and th�.t a copy trereof w -.s published in the Lexington Times -Minute Flan on Larch 8 and March 15, 1929. Helen C. Whittemore. ' Boston, Mass., February 27; 1929. TO THE HONORABLE, THE BOARD OF SI ECTMEN, OF THE TOWN OF LEXINGTON: The undersigned respectfully petitions your Honorable body for permission to alter existing buildings on land situated on the Northeaaterly corner of'North and Adams Streetq, in said Lexington, bounded by Adams Street, North Street arld 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 wit}, 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 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 tf existing buildings on land situated on the northeaster17 corner of North Street and Adams Street bonded 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,broadeasting 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 said area as is in Lexington is in'the district known as R 11, under the Zoning Laws. The hearing will be held on March 26, 1929 at 8:AA P.M. at the Selectments office, Town Office Building. Albert H, Burnham, Chairman, Selectmen. ' n u The bonds of the Supt, of Public Works and the Plumbing Inspector were approved. 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 Rowell Street, Lexington. No persons appeared to object, and it was voted to grant the permit providing he r>resent the necessary ififormation on the plot plan. Hearing was declared Oren upon the application of Sarah Berman of 12 vass, Avenue for permission to locate a private garage on her lot on 32 Sylvia Street. Two representatives appeared for Mrs. Ber-ran and presented a plat plan showing the location of the "garage and showing its location in re#erence to other buildings. There being no objection, it wps 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. 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 Crosading. The following licenses were granted: Alcohol •Jenney Mfg; Co. Gertrude E. Chase Herbert M. Lawrence 'Calvin W. Childs 'Irving Currier 'Standard 0i1 Co. of N.Y. n tt tt � Marrett Rd.&Waltham, St. 433 Marrett Road. 1777 Mass. Ave. 378 & 409 Mass. Ave, Woburn & Lowell Sts. 27 Mass. Ave. Manor Crescent 789 Mass. Ave. Auctioneer's. 'Leslie J. Mood Webb St. Common Victualler's Sarah Berman 22 Mass. Ave. ' -Gertrude E. Chase 433 Marrett Rd. Hattie E.A.Peckham 37 Hancock St. Rufus W. Blake 1733 Mass. Ave. Catherine F. Donovan 123 Lincoln St. Bonds. Robinson garage. Berman garage. Pole Locations TV Licenses. -Robert B. & Cecily I.Lutes 271 Marrett Rd. -Caroline A. Harrington Phoebe E.M. Hutchins 1661 Massa Ave. `A. L. & Grace M. Smith 264 Bedford St.' `H.M.Munroe & Irving Currier Woburn & Lowell Sts. 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 Junk Collector's 'Jacob Bornstein •August Young Slaughter House Public Carriage ,James T. McGann Sunday Sales 'Sam B. Rome Banks F. Trumbull ,Anna A. Hannaford -Frank I. Pierson ,Edward I. Berman ,William viand Theatre Undertaker's James F."McCarthy Thomas M. Montague Arthur A. Marshall & Son Liquor Ernest C. Martin 1851 Mass. Ave. 4 Sylvia St. Laconia St. Woburn St. 93 Mass. Ave. Waltham St. & Concord Ave. Marrett Road 856 Mass. Ave. 12 Mass. Ave. 1794 Mass. Ave. 60 Bedford St. 33 Waltham St. 1844 Mass. Ave. 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 1 1 L 1 113 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 could be taken -previous to the adortion of the regulations governing the overhanging signs. It was finally voted to request Pyr. 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- lations and be ready for action upon the, adoption of the same at the next meeting. The following report of the Health Survey was received from Dr. George H. Bigelow. RE COMI��ENDAT IONS 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 diseases can be spotted. Viano Marquee. Overhanging sign regulations. 3. A regulation should be adopted requiring that a case of typhoid fever be released only after two consecutive negative cultures. Health Survey Recommendations. 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 shcdd be established. 7. The dirnhtheria immunization campaign be intensively carried on in the pre-school group. 8• tih`o�t D�Y•ert ana'th"oc`a1 BbA.-rd -of FIib�a1-th t-o`s cCing:fio-A 9. ThO minimum quarantine requirements recommended by the Massachusetts Association of Boards of Health and this Department should be adopted. 10. Diphtheria antitoxin sho,_zld 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 Vital Statistics 1. All deaths from communicable disease should be checked and reconciled wits 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 naives 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£ichtl6A-of Causes of Death. Tuberculosis 1. The field nursing service to t:lberculosis patients should be 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 ex9mination 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 should not be asked to - devoterher tine to poor relief when there is aplenty 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. a Z C 1 Health Survey Letter was received from Town Counsel giving his opinion"relative to policy #,13401 of the Century Indemnity 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 Rchool 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 tre 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 voted to request the State Dept. of Health to make an ins -recti -n of the premises owned' by Charles W. Hyder and the Ryder Stock Farm, Inc. located. on Walthr_m Street, and to ask them for their recommendsticn as to t,Le conditions. he Healtr Inspector w^s also requested to view the nr�mises with this Department. Ryder pigge3Z 2. There should be weekly educational material supplied to the local paper. ' 3. The Board. of Health should. arrange to have certain number of lectures given every year under their auspices. Sanitation I. 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- iation to formulate plans to pnt in effect a health program, and that this committee report to the Board. of Selectmen once each monthl Health Survey Letter was received from Town Counsel giving his opinion"relative to policy #,13401 of the Century Indemnity 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 Rchool 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 tre 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 voted to request the State Dept. of Health to make an ins -recti -n of the premises owned' by Charles W. Hyder and the Ryder Stock Farm, Inc. located. on Walthr_m Street, and to ask them for their recommendsticn as to t,Le conditions. he Healtr Inspector w^s also requested to view the nr�mises with this Department. Ryder pigge3Z 116 D Mr. Custance reported in regard to the Moretti garage, a matter which had been referred to him, that the Building Inspector should grant Moretti a permit to Mr. Moretti on condition that he garage. close u.p the door going into the garage under- neath the house, so that s6orage space for three cars will be allowed. Town Counsel Bill of the Town Counsel in the -amount bill. of .$38.00 was approved by the Board. Dr. James J. Walsh came before the Board to of'f'er a feu suggestions of changes which he felt should be made which he gathered from his experience on t" e Apriropriation Committee. He stated' that he felt t le by-law should be changed to permit a longer term of office of the members, that the members should he 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 approp- riati^n given and calling for the second appropriation during the year is entirely unwise, Charges 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 eentage 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 call 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 $215.00 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, and: they requested_'a price on one light .be be installed. Mr. ithgal1s agreed to present the estimates for both one and two lights in writing. D Report was received from the `dire 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. bP 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 plumbing regulations Complaint, by the Plumbing Inspector. Buckley & The Board decided to hand a copy of the McCormack. letter to the Plumbing'Insnector and ask for a written report on each violation contained trerein. The appointment of the Fire Engineers was laid over for one ween. Ir tris conpecti-n aprlicatinn was re- Fire Eng. ceived from Edward A. Smith of Belmont for the position of Clue f of the Fire Department. appointment. It was decided thst 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. Ballard offeredto continue negotiations in the Stuart - Stuart -Marshall Realty* Co. and A.A.Marshall Marshall & propositions by securing sale agreements. Mr. Marshall Matters. The Board deemed it very fine of 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 Healey of Deny. i s J Healey for damages in excess of the request. the award'of tre County Commissioners In amount of $582. for land talwen in the widening of Mass. Avenue from Oak St. to Pleasant St. The Board decided to grant Mr. O'Connell a hearing, and to re1173est tre 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 Supt2 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 ,Nater. sufficiently so that Mr. Clapp recently tripped on it and. had 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 Hi11 the premises occupied by Rev. Lee Heaton, Mr. Blake stated ttiat the Heaton children had built a little play house. but after request was made to remove the material it was done immediately. Mr. Blske 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. Blare 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 7t°o11k and that the entire amount for crating Hayes Fountain would probably not exceed $100.00. He questioned ' Shrubs. whether the Board desired to Durchase them from local nurseries or obtain them wholesale. He stated that the same amount of shrubs purchased Rt the local nurseries would probably amount to ?200.00. The Hoard. authorized Mr. Blake to proceed to secure the plants for th.e grounds around. the fountain. Mr. Scamman rerorted that the Moth Department will have time to do the planting of trees between the tune that they stop ereosoting and start Tree Plarittng, spraying. The board expressed the opinion that they thought the shade trees should be planted on the inside of the sidewalk, and that permission should be secured from the land owner. 1 11 oil he Town Engineer was to be requested to run stakes on the Common in the location of the G curbing so that th3a Kelloway scheme of re- Com -on planting the grounds about t? -)e Hayes Fountain Curbing. could be visualized. The Supt. of Public "forks reported a figure of 40� per foot as against $1.00 per foot Curbing esti- ated by him for setting curbing. Figures. It was decided to insert notice �n the Dogs local paper in regard. to the enforcement of tl-e law relating to dogs; -and a notice to Sidewalks. 'dive parties desiring to maue aprlieation for granolitric sidewalks an opportunity to nresent V?eir application before bids are requested. The letter of tle 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 Stre-t, Ward Street and Park Drive. Gravel was applied, where necessary. Surface patches were made on Wood Street, Massachusetts Avenue, Lincoln Street, Lowell Street, Reed Street, and. Concord Avenue. Gut4-ers were cleaned on a number of streets. Drainage work and construction of a catch basin in Adams Street anO two tate?^ basins in Glen Road was completed. Completed tr e work of storing snow and ice removal equipment. Next week it is planned- to continue tre regular maintenance work and to clean up the streets in the vicinity of the Common. Moth Department. Continued the work of destroying the 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 Supt. of Public Works report. will occupy the department next week. Water Maintenance. Water services have been installed as follows: Loriing,, Hancock Street; Alberto, hard.ing,hoad, 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 nortr of Woburn Street. Sewer services have been installed as follows: - Loring, Hancock Street; started service for Foster, Plainfield Street; completed service for Horton on Lincoln Street. The work contemplated for the week ending April 20th is as follows: continuati`-n of the 12" main in Mass. .Avenue, water and sewer services, etc. Engineering Department. Sewer. Locating w -ter 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 Brook Road to Waltham atreet. Relocation of East Street 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 Sunt. of Public Works. The meeting adjourned at 11:20 P.M. A true record., Attest: Clerk. 1 0