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HomeMy WebLinkAbout1929-04-16REGULAR SELECTMENIS MEETING April 16, 1929. A regular meeting of the Board of Selectmen was held at the Selectmen's Room, Town Office Building at 7:30 P.M. Messrs. Burnham, Custance, Chamberlain, Blake and. Shannon were present. the Supt. df.Public Works and the Clerk were also present. Bill of $27.93 of LaVers Company for mimeo- Bill, Mimeo- "''. graph pamphlets used by the Committee to Review graph pamphlets of Zoning Laws was approved by the Board at „s. the request of Mr. John H. Devine, Chairman of that Committee. The following licenses were grunted: Innholder's License. John E. Coyle 1822 Mass. Ave. Public Carriage Licenses. John E. Timothy Kendall Road -Thomas M. Montague 33 'Naltham St. 'Sunda- Sales License. Licenses. ,George `°1. Cl -'lin Bedford & No. hancoel, Sts. Junk •A. Greenblott 97 Prospect St., Waltham. Com -on Victualler's License. John 'rl. & Agnes H. Cassidy 1715 Mass. Ave. The following abatements were signed: ;'Dater Department $419.16 Abatements. Sewer Department 79.13 Sewer Assessment 254.00 Invitation to the Board of Selectmen to review the parade on the Battle Green was received from Invitation, the April. 19th Celebration Committee. view 19th In this connection Mr. Custance explained of April tb^t he was going to give the Town a reviewing parade. stand to be erected oprosite the Soldiers' Monument on Massachusetts Avenue. It was suggested that the Selectmen and their.fn-iends be invited to attend the exercises and it was`theref ore decided. to invite the following persons to be present: 122 Senator Joseph R. Cotton, Mr. & Mrs. Geo. E. Briggs, Mr. -& Mrs. William S. Scamman, Miss Marian P. Kirkland and Assistants, Dr. & Mrs. J. Odin Tilton, r.'& Ctrs. Robert H. Holt, Mr. &. Mrs. Edward C. Stone, Mr. & Mrs. E. G. Preston, Nor. & Mrs. "Leroy S. Brown, Mr. & Mrs. John E. A. Mullikeh, Dr. & Mrs. John H. Kane, rtr;& Mrs. Byron C. Earle, Mr. & Mrs. James S. Smith, Mr. & Mrs. Howard S. 0. Nichols, Mr. & Mrs. C. Edward Glynn, Mr. & Mrs. Charles F. Pierce; Mr. & Mrs. Sydney R. Wri:ghtington, Mr. & Mrs. Edwin B. Worthen, Rev. & Mrs. R. Mitchell Rushton, Mr. & Mrs. Thatcher Jenney,' Rev. & Mrs. Lee W. Heaton, Rev. & Mrs. Robert T. Weston, Miss'Ellen M. Tower, Mr. & Mrs. Robert P. Clapp. Mr. & Mrs. George D. -Harrington, Mr.'George-B. Dennett, Rev. William J. McCarthy, Rev. "& Mrs. Christopher W. Collier, Rev. & Mrs. Edwin M. Slocombe, Mr. & Mrs. William B. Foster, Mr. John N; Morse and Mr. & Mrs. Richard Whittemore. The Board also received invitation fvom the April 18th April 19th Celebration Committee to attend enter - entertainment. tainment`and concert at"Cary Memorial Hall on April 18, 1929 at 8 P.M. The adoption of the regulations relating to overhanging signs was laid on the table, inasmuch es it was decided to refer them to the Town. Counsel for his opinion. Overhanging Mr. Blake called attention to the fact Signs. that he did not believe a $1000 bond was sufficient and that a $5000 bond should be issued. It was decided to find out what the cost of the $5000 bond would. be. It was voted to appoint the following Engineers, as Engineers for the Fire Department for one Fire Dept. year: Edward W. Taylor, Edward F. Buttrick and Norman C. Hooper. Letter was received from Mr. Eugene J. Viano in which he asked various questions in regard tp the Board of Survey layout of street along Vine Brook, leading from Massachusetts Ryder's A77enue to Vine Brook Road, adjacent to the proposed premises at 1668 Massachusetts Avenue. Some of street. the questions being legal matters, they were referred to the Town Counsal for informati^n as to the reply. Other matters were referred to the Planning Board. Inasmuch as the Town voted to authorize negotiations with the Stuart -Marshall Realty Stuart -Marshall Company for purchase of 251 strip of land and to negotiate with A.A. Marshall in regard to transfer of land, it wRs decided to ta?re the matter up with the Town Counsel so that the legal ststus of the proposition will be properly ta'=en care of. Letter wcs received from the Town Counsel ' in which he recommended that action on the layoijt of Hill Street be ta?ren under General Laws., Chapter 82, Section 21 inasmuch as no record of the location of the street wps ever made. L [J Mr. Custance reported in regard to meeting of the 'lawn Engineer and himself with the State Engineer to go over the proposition qt East Street. -He stated that the State looked very favorably upon the layout, and he had no doubt that they would come in under Chapter 90 if they do not take.it over as a State Highway. It was decided to proceed with the pre- liminary hearings in connection with these two streets when tre-information is at hand. Letter w^s received from the County Com- missioners in which they called the Board's attention to the necessity of strict enforce- ment of Sections 151 and 1546 of Chapter 140 of the General Laws`, relating to rabies and licensing of dogs. The Boar-, decided to request the Police Department to flisnose of all unlicensed dogs found bt the -n, but before doing so, ask the advice of tre Town'Counsel in relation to issuing this order. Hearing was declared open at 8 P.M. on the application of J. L. Douglass & Co. for Master Service Station Inc. Mr. J. -L, Dornglass apneared for the application. He stated that this service station was similar to one located at Common- wealth Avenue, Boston, and was not a garage for storage, bilt simply for a service stgtion. Inasmuch as no representative of the Master Service Station Inc, appenred, fir. Douglass was asked whether or not he had authority to represent them. 4 thougrt he had a letter at home giving rim authority to appear. He stated that a deed was being veld in escrow to the Master Service Station Inc. pending this application.. - He stated that he knew Mr. Potter of this Company fob' fifteen years, and has always known him to be a mhn of good character, and it w^s impossible for him to be at this hearing. no Hill Street. Layout of East Street. Enforcement of laws re un- licensed dogs, rabies. Master Service Station Inc. hearing. Mr. Eugene 1f. Viano appeared in opposition owing; to competition in business. He stated that he felt tre Colonial garage w^s able to handle 124 Forest fire equipment. all the business for this town for a number of years to come and that`this service station was not a public necessity. He felt that t?,e az)plicant did not show very much interest whether he received a permit or not owing to the fact that he did not appear at the hearing. Mr. Daniel J. O'Connell and W. R. Rice wero present but had no objections. The Town Counsel recommended that a deed held in escrow did not, to his mind, comply with the rule of the Board that applications should be received only from the owner of the property. The hearing was declared -closed. At a later hour Mr. H. G. Seligman and Meyer Rubin appeared and asked to mage statements in regard to the apnlication of the Master Service Station inasmuch as they were late for the hearing, 'The Board informed them that the hearing was closed, but inasmuch'as the representative of the applicant, Mr.'J. L. Douglass and the only objector, Mr. E. J. Viano were still present, th.e Board agreed to hear his statements. Mr. Seligmanstated that a deed was held in escrow to J. L. Douglass and that he under stood that Mr. Douglass was to build the building and to overate the service station; T!ne Board informed Mr. Seligman that inasmuch as he w -s tl e owner of the property, they would accept an application only from him. Tre Boarri declared t�-e hearing closed and decided to refuse tre application without prejudice. Letter wns received from the American LaFrance & Foamite Industries Inc. to regard to the fire Dump and forest fire equipment. No action was taken on their letter - inasmuch as t' -e Fire Engineers have been requested to draw up specifications for a fire pump and equipment necessary for the forest fire wagon and present them to the Board so that bids may be obtained on them. It was decided to notify the State and Highway Con. County of the votes passed by the Town in Mass. Ave. & regard to appropriations for Highway con Waltham Street. struction in Massachusetts Avenue and Waltham Street. Letter of the Town Counsel in reference to Cuargnty Bonds for the '°'ater Department in Guarnnty connection with the layinw of water mains Bonds. was to be sent, to the members of the Board to view during; the week and to tal-e up at a later date. 1 I 7 125 Mr. Custance called attention to tre Sewer Con= fact thst sewer construction work in Waltham struction3 Street should be started so'thnt it will be Waltham St. in and settled before highway work is begun. i It was voted to grant the Chief of Police, James J. Sullivan An increase in salary to the Salary increase, rate of $3000 per year to date from April 11 1929. Chief of Police. Letter containing'thi-s recommendation was received from the Supt. of Public Works. It was decided to request the State Department of Public Works to inform the Board Traffic whether or not they have adopted any uniform Signals. traffic signals. Letter was sent to Chief Engineer of the Fire Departnent and to the Planning Board in- forming them of a vote of the Town whereby the Selectmen were instructed to nurchase a site or sites for a Center Engine House. The Town Engineer and the Planning Board were requested to bring in their recommendations on this matt -r before June 18, 1929. Discussion arose as to the editorial in the Lexington Ti -es -Minute Man giving inferences relating to tre Board►s actin on gasoline permits. After consultation it was decided to request ' tl7e Toren Counsel to draw up a letter to be sent to the Editor of the Lexington Times - Minute Man requesting him to be present at the meeting of the Selectmen at which time the Editor will be requested to prove the state- ments c ontained in his paper. Center Engine House. Editorial Lexington Times J.0. Richards Sewer Assessment, Mr. J. 00 Richards came before the Board In regard to Oewer Assessments. He stated that the sewer hqd already been placed in Hancock Street, and he connected with it from Hancock Street and paid the assessment. On the construction of the sewer in Edgewood Road., he received another assessment which he did not believe was proper. He stated th at there w^.s a 25 year restric- tion urron his premises that he could not use the front of his land to erect any building uron it nearer to Hancock Street than 100 feet, and therefore he felt that the back land was not of any use to anyone. The Bo -rd requested Mr. -Richards to bring in a cony of the restriction, inasmuch as it may be bos8ible that tre restriction has expired as ' 'he hQs been tl-e owner of the premises for aprrox- imately 25 years. Center Engine House. Editorial Lexington Times J.0. Richards Sewer Assessment, 126 Fence around Belfry. Diseased Trees, Belfry Hill. Rubin & SBligman land. They also requested a.copy of the mortgage that contains the clause relating to the restriction. Mr. Blake brought in a bid from the Security Fence Company of $161.00 for fencing a section of Belfry Hill property and the property of the Episcopal Church. The Board requested Mr. Blalre to see that the fence was erected. Mr. Blake also suggested that an iron fence be placed around the Belfry to protect it from persons coming too near it, inasmuch ns initials are carved all over the wood at the present time. He stated that some time ago, Mr. Emery s�iggesterl getting some old shingles and clapboards to cover the Belfry, and he felt that this should be done also. Mr. Blake called attention to the fact that several of V -e larger trees on Belfry Hill are a menace in the present con_di.ti^n inasmuch as they; are about 50 or 60 feet high and are more or less diseased, at the bottom, and he felt teat they should be bolted and suggested that the Davey Tree Expert Co. or Frost Insectidide Co, right be able to do this work so that no damage zould be done by falling trees, inasmuch as the cable would. 'keep tlne trees from falling upon the school" house lot. The Supt. of Public Works was requested to look into the matter and see if the Tree Department could possibly fix the treys in such a manner as spoken of by Mr. Blake. Mr. pros ee d Se 1#man that tI)e Street. Custance suggested that the Board to make a taking of the Rubin & land. on Massachusetts Avenue so street could be widened to Grant The report of the Supt. of Public Works is as follows: #ghway Department. The department cleaned, scraped, leveled and rolled and applied cold tar surfacing material on Upland Road, Glen RoaO, -�'eriam Street, Hancoer Avenue, Somerset Kond, cleaned and leveled, and aprlied gravel si3.rface to Hayes Avenue and Abbot Road, grader], leveled, rolled .and anrlled hot surfacing tar to surface of Adams Street from Hancock street to East Street. Patching w -s done on the followinf streets: Concord Avenue, Lincoln Street, Oakland Street, and Hancock street. Next week, the department will continue the J resurfacing of streets and attend. to other maintenance work. Moth Department. Gypsy moth nests treated with creosote on Blossom Street, Spring Street, Allen Street, Concord Avenue, and. Middle Street. Park Department. Regulor maintenanfe work carried on and will occupy the department next week. Water Maintenance. Approximately 200 feet of twelve -inch pipe has Supt, of been laid in Massachusetts Avenue. Public Works The following water services have been installed; Report. Waverley's Co-operative'Bang, service or Harding Road; three services for B. J. Selfridge on Crescent Hill Avenue. One-sewar service has been installed for William B. Foster on Plainfia>ld Street. Regiil.ar routine *ori- is pl-nned. for t -,^e week ending April 27, 1929, in the dater Department. The "'altham Street sewer will be started.. Engineering Department. Sewer. Elevations for Sewer Study. Highways, Completed -study of thru highway from Bedford St. to East Street. 'dater. Location of 12" main in Massachusetts Avenue between Woburn Street and Waltham Street. Miscellaneous. Checked"old. Adams School Deed up to release for Town Counsel. Completed record plan for conveyance of strip of Library prorerty to Marshall. Index office plans. Very truly yours, ' William S. Scamman Supt. of Piibli c Works. 128 Letter was received from the Supt. of Public Yorks giving reply of the Chief of Fire Department of Norwich, Connecticut, in reference to hose. The Surt, recommended; in this connection, that e steel water tank, a small pump, and at least 1000 feet of rubber lined hose be purchased. The Board adjourned to the Supt. of Public Works' room to view the fine alarm boxes of the Gamewell Company. AecomTendations No definite n.ction was talren in For Fire Dept, regard to p rchase of any equipment for the Fire Department. Mr. Custance reported specifications of the Gamewell. Company which he said he would take up with the Fire Engineers so that they could go over the specifications and give tbeir suggestions and the specifications could then be sent out to various concerns. Mills Nearing Application having been received from Charles F. Mills, Concord Avenue. for variation of the Zoning Law to permit the use of a building located on the property of Mrs. Laura T. Mills as a carpenter shop and notice of a hearing been given as appears by a certificate hereto annexed, hearing was dedlared open at 8 P.M. Mr. Daniel J. OfConnell appeared as Attorney for C. F. Mills, husband of the owner of the property. Mr. Mills stated that he hod owned the property under which application is now pe*ding, for the past 11 years and has occupied same all of that time. He stated that he hnd another home in Somerville. His occupation was a carpenter and jobber. He stated that he conducted his carpenter business at rome and has done carpenter woek ever since he has occupied the home in Lexington. Asked if he had work from the City of Somerville at that place, he stated that he had a contract to repair about 600 desks for the wing of the High School, that he had been doing that work for 3G years but was now doing it on a larger scale than before. Asked if his neighbors visited him while at itil trade at home, he replied that they did. Recently he made ap»lication to the Building Inspector for a permit. He stated that he had been workdng on the job mornings and evenings all along and he had a building on the place where he had done work before and he had plans for a larger structure. Asked whether or not he carried on work in the building originally and he said he had. As& ed whether or not the new building was now finished, he stated it was entirely finished outside batt not inside. He stated tpet' when hb-�applied for the 1 1 D 129 building permit, he made application for a carpenter shop and garage. Permit for this building was issued. two or three years ago. During that period he used this building and is still using it. He stated that the Building Insrector visited his premises when the work was going on. A copy of the application was presefhted by the Building Inspector. The application for the building was dated November 2, 1926 and the usual form of application was used. Locatin, Concord Avenue, owner, Charles:H. Mills, architect, owner and builder. The permit was granted November 23, 1926. The Town Counsel desired to get the location of tie building that the Building Inspector visited in mind, and was informed that the location was on Concord Avenue on the north side between Waltham Street and Blossom Street. In answer to the question, how many buildings will be erected, the statement on the application was two car garage add work shop, material of wood. After he received the permit, he constructed" the building he now has as the cellar was all there. The cellar had been there for a number of years on the lot on which the building stands, the lot being 14 acres. Other buildings that were these when he came were a cottage of three rooms, a hen house and three pig pens, and a building 12 x 14. He stated that his place of business was at 43 Alpine Street, Somerville, where he lived in a single house with a lot of land 35t x 90f. He has there a fully equipped carpenter shop. When asked when he started to use this new building on his premises at Concord Avenue to do carpenter work in for other people, he stated. a little over a year ago. When asked what work he had done in addition to his own private work, re stated that ie had done work for fire City of Somerville, but he had not done anything since receiving a notice from the Building Inspector. He stated in answer to the question of how long he had been doing work for t1ne City of Somerville at Concord Avenue that be had been doing it for about three months. He stated that he had done some work in the 121 x If' building on his premises repairing screens and storm doors, etc. for persons who would bring them there to be fixed and that he had been doing that for the past 8 or 9 years, and that this building was located in a residential district. ' When asked by the Selectmen about his building at Somerville, he stated that one building was 27t x 181 and another 181 x 12t, that he was a legal resident of the City of Somerville and the reason he was bringing his work to Lexington was that his shop would not hold all of the work at Somerville, and he had a man who was not busy, and he wanted to put him 130 to work in Lexington. He stated that he did some work for people in Lexington. Attention was called toMthe fact that the application was made by Mills while Mrs. Laura T. Pills was the owner of the property and question arose as to whether ' the application had been made in error or not. The Counsel for Mr. Mills stated that this is an accepted fact in Court that when the application is made by the owner of the property it is acceptable. The application for the two car garage and work shop had been also made by Mr. Charles F. Mills. Mr. Joseph Fardy of Waltham Street was brought before the Board by Attorney O'Connell as a witness. Mr. Fardy stated that he was familiar with the Mills property. That he has visited there for the pa:�t 11 years, and that during that time the carpenter shop has been trere all of that time and that he had seen Mr. Mills at work at this trade on the premises. He stated that he had seen work carried out of there that had been done by Mr. Mills ever since he had known hibm. He stated that Mr. Mills had made screens for him and that he had taken doors and fixed them for him. He also stated that the new building was an improvement over the old building. % gave the general location of the buildings upon Mr. Mills' prpperty. He stated that he considered this new building very good- looking and, that it contained the necessary ' equipment for a carpenter's shop. He stated that he visited Mr. bills quite frequently and observed him doing the work himself. Mr. Fardy stated that Mr. Mills was finishing desks at one time when he was there and was soaping them and putting covers on them until he was stopped doing the work. Asked whether or not he had ever seen any desks in the small building, he stated that he could not say he ever saw any there. Mrs. Mary Mitchell of Concord Avenue was also called as a witness. She stated tb at there was one house between Mr. Mills' Propertyand her property. Mrs. Mitchell stated that sre at one time owned the land where Mr. Mills is located and that he bought the property from her. she knew him when he came there when he was engaged in the business of carpentering and she had. seen him at this trade for the past 10 years making screens and doors, and he had also made some for her. She stated that she had not seen any desks upon his premises. Gustav Nottebeart of Concord Avenue was also called. He stated that he lived on ' Concord Avenue near the Mills' property. 13.1 He stated that he had known Mr. Mills for a 2iumber of years and had known him in Lexington for the past 11 years and he knew that he did carpenter work for the City of Somerville. He stated that he put an addition upon his place for him and thTt he built storm doors and sereens for him. He stated that there are no other carpenter jobbers in this vicinity, no stores and that bhe section was a residential section with the exception of the filling station and garage at the corner of Concord Avenue and Waltham Street. He stated that the filling station was about 700 or 800 feet from Mr. Mills' property. Mrs. Laura T. Mills was called.. Asked whether or not she hed seen her husband working at his trade upon the premises, she stated that she had seen hiss for a number of years, making screens and doors. Asked whether or not they used the place on Concord Avenue as a summer home, she stated that they lived there in the summer when the schools were closed in Somerville and that they come up weekends to the property. Asked whether or not her husband worked there on Sundays she stated that he did not. He occasionally did work for the neighbors there on weekends, Asked whether or not she considered he did a carpenter jobbers business, she stated ' "no" She stated that she had not seen him doind any work on desks bn these premises. Mrs. Mills was cautioned by Mr. O'Connell as to the answers to the questions asked of her. This closed the evidence for the applicant. Those opposed were then invited to speak. William Greer stated that he lived on the oprosite side of Concord Avenue from the Milisf property and he lived.there 5 years in July. Asked what the general character of the neighbor- hood was, he stated that it was strictly residential. .He stated thQt he believed in abiding by the laws, that he had never been upon the premises of Mr. Mills. He had never been any sign erected there indicating that a carpenter jobbers shop existed there. Mr. Greer stated that he eras a private chauffeur and occupied the so -Balled Fuller place on Concord Avenue. He stated that he did not see any objection to the appearance of the buildings or that there was anything that he could find fault about, but he did not wish to see an extension of business in that section: Mr. Percy Grassby of Concord Avenue appeared in bbjeetion to the application. He stated that ' he lived on the same side of Concord Avenue that Mills lived on and he lived between 'fir. 14itchell 132 and Mr. Mills. He explained that for several years he was bothered by the present applicant In various ways and he refused to be questioned by the Attorney for Mr. Mills. He proceeded, however, to read a lengthy letter giving his position in the matter owing to tl^e fact that he was handicapped by deafness. A copy of said letter is as follows: Gentlemen: I thank you for the privilege which 'allows me to present objections to the granting of the license indicated in your letter because I`think, in fact am sure, such granting can be shown to be defeating the very cause the Zoning Laws were created to uphold. I assume that the care bestowed on the formulating of these laws was for two reasons in general - aesthetic and material to the end that development in real estate properties 'should not be contrary to the common good. Thoseresponsible for these laws I feel sure will readily concede that one must not necessarily be a millionaire to evince civic pride or domestic self-esteem in the manner he develops his property and the will behind the actions and the care bestowed on such rpoperty I feel sure would be readily credited no matter how small the investment. Here, however, is an instance where as the nearest domiciled abuttor I have every opportunity for pointing out that in the 10 or more years that has elapsed since Mills put up his first structure or from the time the Town authorities°condemned his r1gger7 for sanitary reasons no evidence has been rroduced to my knowledge that would. indicate that any civic pride or domestic self esteem he may hold regarding his home in Somerville has ever been transmitted to the property he holds in Lexington as expressed in real estate development. On the contrary.. through all these gears and until this request of his was first made the premises have remained in a chaotic state with unsightly objecte dumped in profusion arousing audible comment from strangers in passing, in a striking contrast to the attractive homes and premises which Lexington so rightly prizes. when this is taken into consideration with the nondescript type of building which he as a building contractor erected and the dis-ovoportion and emplacement of the more recent buildings for which he requests permit it can be recognized that r tl"e thousands of boll ars and time I have put into developing my own property is no more than a loss C 1 j3 due to depreciation from this proxjmtty. What I have said so far is only to emphasize the reaction that comes from unsightliness. On the standpoint of material interest I would add that in the period this land has been owned by Mills there have been 3 fires to each of which the Fire Department attended, the first before any building .wss erected and that this and those subsequent occurred when he was accompanied by several guests or visitors. The second fire of November 17 last did thousands of dollars of damage to my property on these precedents aluna I claim that the granting of a license for any purpose which would give grounds for the gathering of any number of visitors would increase the menace to my family and property to a far greater extent than ever is contradiction to the aim of the Zoning Laws. In his usage of these premises a great deal of disturbance has occurred anddangerous personages attracted through his dealings in illicit liquor traffic for whych he has been convicted and s see no guarantee whatever that that building will not be put to nefarious -ase also. ' The appearance of the whole property and taint of conviction reflecting on the neighborhood's humiliation has resulted in every progressive effort of my own being made. Finally, Mills, whose permanent home is in Somerville has never used the property for continuous family use and such usage as he does make I consider a menace to the neighborhood, I have been obliged after gears of patient suffering by my family and self to go to the court for relief and I have Instituted proceedings in the court of the Commonwealth for damages to my property and family this matter is now pending. I respectfully submit for your consideration the advisability of preventing any laxitude that will conflict with the present Zoning laws. No opportunity should be given any property holder to establish any possible rendezvous for illegal or questionable operations. ' GentUmen, my family and self have been openly threatened by this man. I have annealed to the police without any tangible results and have been obliged in my extremities to appeal to the court, therefore, I am unalterably opposed to the granting of this man's request. The Board took the matter under advisement. 134 The following notice was inserted in the Lexington Times Minute ]fan and sent to parties interested: N 0 T I C E LexingtoW, Masa. March 29, 1929. The Board of Selectmen will hold a hearing on the matter of varying the application of the Zoning Law by permitting the occupancy and use of a building located on Concord Avenue as a carpenter shop, said building being owned by one Laura T. Mills, 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 tbethe district known as R I in the Zoning Law. The hearing will be held on April 16, 1929 at 8 o'clock P.M. Albert H. Burnham - Chairman, Selectmen The meeting adjourned at 12 P.M. A true record Attest: Clerk. u Il n RYDER HEARING - APRIL 17, 1929 A hearing on the Ryder piggery was held at Estabrook Hall, April 17, 1929. Messrs. Burnham, Custance Shannon, -Blake and Chamberlain were present. The Town Counsel, Supt. of Public works and the Clerk were also present. Approximatel Ryder Piggery', -sixty persons were present# including the HealTh gearing Inspecttor. Town Counsel, Sydney R. Wrightin.gton, was called upon to conduct the hearing for the Selectmen. He stated that the Board had received considerable complaints in regard to the -Ryder piggery.;.that.not.ice of this hearing had been.sent to the parties who made complaints, and. also to the owners of the piggery on which the complaints were made. He explained briefly the procedure_ of .the_ Board of,Health_in earrying out the .rules. _ and re gulat ions . Mr. Ryder asked., through Town Counsel, how long Mrs. Reed lived in Lexington. "How far her house is separated from his piggery. She stated that she lived in a southerly direction. Mr. Ryder stated that by the directions given she does not live in a southerly direction and further than that there is a hilt between. her property and the piggery, and he would like to know if she thinks the odors go up hill and down, and how she knows these flies are their flies. Mr6 wrightington called upon Mrs. Caroline. T. Reed as one of the complaintants;. Mrs. Reed. was. present and stated that she had sent _two _letters to the- Board Of Health stating -.that she; lived at 73 wachusett.Drive and when the wind is in the -.right direction she. received an Odor. She stated that they were also bothered with ' large flies which. they .have .to contend with nearly all the year around. She . s t ate_d _ that Mr. Cvstanc a at _ one ' time came _up there and, _.aaw, one side of her house which was just about black -with great big flies ; that her house was south of the Ryder piggery, and the observed that these odors came from the direction of the Ryder piggery, Mr. Ryder asked., through Town Counsel, how long Mrs. Reed lived in Lexington. "How far her house is separated from his piggery. She stated that she lived in a southerly direction. Mr. Ryder stated that by the directions given she does not live in a southerly direction and further than that there is a hilt between. her property and the piggery, and he would like to know if she thinks the odors go up hill and down, and how she knows these flies are their flies. The Town Counsel _called her attention to two letters -.she wrote .and. on which there were no dates. She iniomed him that the -last_ one was .written .about one month ago and the ,other. one year ago, about the middle of March. She. stated.she had been living in Lexington two years, the first of May. Asked whether she knew -where the lines of the Ryder property were, she ' stated that she simply knewthe line qLt the, top of the hill Asked_ how far her house is _ from that _ line she stated that it is not far. Asked if there is a fence or wall there, she thought there was a wire fence as she remembered it. Asked whether there was any swill...ther_e,: she stated that she was not _ sur.e . of that. She lived_ in the Fair 136 Oaks district and there is. &_ hill between her house and the piggery and _her _house is down below. Mrs Ryder called attention to the fact that there are fifteen acres. between her house and the piggery. Asked if _ she could a ee any structures, she stated that she could see structures in the distance. Mr. Bert J. Whitmore oaf. 69 Wachusett Drive who lives next to Mrs. Reedla _was .next. called. _.He stated that he experienced. the same .as Mrs. (teed: as to the odor and flies from the piggery near.. their place.- Asked if he noticed any difference in the odor near the Ryder piggery line, he stated that they sometimes get it.from_the Hannaford place where swill has been _put.- He._ata.ted that. he.lived there three years the first of May. He did not know anything about the topography of the land. He did know that flies feed from filth. He. had never been on the Hannaford .farm to .inspect .the manure 'p i le s . Mr. Robert B. Lane of 15 Fair Oaks Drive was next called. They live in..the sante locality and the things noticed _ are -parallel with _ghat the.. oth er two speakers have spoken of. They corroborated the statements of Mr. _ Whitmore. They lived there since last October.__ The .home is located approximately two or three hundred yards from the slope- of the hill, He stated that the s&nbe in on .the .Ryder pr.emiseFs# He had gone _as ' far as the atone wall., . and saw pigs there in sight. The wind comes from the northwest direction. It is impossible for them to sit upon their front porch on account of flies. Asked if he could make any comparison to distinguish these flies from ordinary flies and how he knew these flies came from the Ryder piggery, be stated that it was only from. hearsAy, but he. had been told ..by other neighbors that they- have similar nuisances. The flies 'were_ ssiuch larger than the house fly. Mr. Lane was asked how many houses there were on Wachusett Drive and he stated that he should judge there were five or six houses. "How many on Fair Oakd Drive?" "Two". His .occupation is an electrician. Mr. Frederick W. Fierce, 77 wachus ett Drive,9 next door to . Mrs. Reed_ was then called. "What ` has been your experience?" Mr. Wrightington asked. "I have had a new experience with flies. I at one time was in the Army and saw numerous flies. The size of these flies is something tremendous, Two years ago August I came to live there. I never saw anything equal .to these flies that have been around my home. The odor comes from the direction of Mrs kyderts piggery. I have visited as far as the stone wall., but being private property, I woaldntt undertake to examine the _premises. There were very offensive loads of offal on the premises. i g3tould think there would be a restriction on same. The D D 137 Town Counsel asked, "Is the nuisance from the trucks or is it the odor that you object to most, this nuisance is something that had not been mentioned Before." Mr. Mulliken.stated that a number of trucks are sent out together at least two and sometimes more. When asked by the Town Counsel'if the odors were of decayed garbage or from manure, he stated that he had not examined it. Mr. Ryder asked Mr. Mulliken whether or not their trucks were any more noisy than other trucks, and whether or not one of the times he smelled pIg manure if it -were not the pig manure that his father put on his lot. Mr. Mulliken stated that the noise at that ' particular time of night may be distinguished frcm other persons going by as to the fact that his father lives a. little higher up and there is a hollow, and the smell starts down. in the ho" ow, garbage that comes from LexinfYon direction is carried down Wachusett Drive,. Asked if it is in the nature of manure or fertilizer, he stated ' that he should say it was decomposed swill. The women folks could tell about it as they see the loads go.by. Asked if at any time he had been on the hill in the direction -of the Ryder farms he stated .that _he -. had _been. _the re one last fall. The wind.was westerly_ so..that.__we would not have noticed it.. "How far _is_your premises?" asked Mr. Wrightington. ."Two hundred fifty or three hundred yards away." Mr. William E. Mulliken stated that he had 'nothing to add other than was said at the hearing a year ago. "The conditions are not always the same but. the odors from the piggery make_us_go into the house and the ;flies are very objectionable. The members of my family.have_been-along _the _wall -and find_the..same kind of flies _as_at-the house." "What is the. direction of the wind when you _ get these odors?" "I should say from the southwest." We have tried to get in touch with the members of the Boa:rd_of Health but when they get there the wind either .dies down or is shifted.._I want. -to say__I have visited Mr. Ryder's premises--and-reported his place as an ' ideal piggery.but.at that time he was not .feeding any garbage, but since -he has been_.feeding garbage it.bri ngs the most objectionable odor. It is one thing to have a parade of trucks going by the house with offal. They start in the early hours of the morning and it has the effect of waking the members of the family. It is very early in the morning, three or four o'clock. I have seen them on seesssions when I have been home. In the afternoon and when I have been home Saturday of t ernoon. lc Town Counsel asked, "Is the nuisance from the trucks or is it the odor that you object to most, this nuisance is something that had not been mentioned Before." Mr. Mulliken.stated that a number of trucks are sent out together at least two and sometimes more. When asked by the Town Counsel'if the odors were of decayed garbage or from manure, he stated that he had not examined it. Mr. Ryder asked Mr. Mulliken whether or not their trucks were any more noisy than other trucks, and whether or not one of the times he smelled pIg manure if it -were not the pig manure that his father put on his lot. Mr. Mulliken stated that the noise at that ' particular time of night may be distinguished frcm other persons going by as to the fact that his father lives a. little higher up and there is a hollow, and the smell starts down. in the ho" ow, 1�8 Mr. George H. Gibson stated that he had reason to believe that the odor that comes from y. the piggery comes across his property. 'Night times it comes a little southwest and it is quite . necessary to go in at this time and close the ' windows; it is,impossible to sit on the veranda. I do not think one is justified in staging there if they want to enjoy the country air. The experience from flies was such that I had to go in and spray citronella on myself to trig to drive then off. They are green bottle flies. I live at 59 Walthem Street adjoining Mr. Mulliken's place on the same side as the Ryder farm." When asked by the Town Counsel as to what he could say about the flies on other occasions, he stated that they have lived there nineteen years and'have been troubled with flies starting with the summer of 1927. We took every enjoyment in the place previous to the establishing of the piggery and were not troubled with odors. The last two summers we - have felt that -we should get away to escape from the offensive odors. I should sag it was about 19279, although I have never made any memorandum of dates when the odors started._ it is not an uncommon thing to have the odor about every day some time of the day. On a sultry day the swill odors seem to saturate." Mrs. Ida H. B. Capper from whom verbal complaints had been received was not present. Mr. Robert Fawcett, who also made complaints was I not present. Mrs. Daniel B. Lewis stated that her experience was about the same as the other people. "Up to last summer we went to the Cape. Last summer, however, I did get the large _black _flies. Having four ohildren, It was very disagreeable. I live about one quarter of a mile from Mr. Mulliken_'_s.house. We. -have a back piazza only and we eat our meals out there in the summer time._ we have our friends on the back piazza and when we _get the odor it. is objectionable when VA% get the wind the right way.._ There -is_nothing to interfere with the odor coming amy..way as there are no other buildings in the way. Mr. Ryder asked whether or not Mrs. Lewis four or six weeks ago, called..up__Mr. Custance_and complained about the odor which she. smelled, and if -it was from the Ryder piggery. Mrs..Lewis answered "yes." Asked how long before she called about the odor, she stated that she telephoned _him.very shortly after she got it. Mr. Ryder questioned her what led her. to _believe it was the odor of pigs.. Mrs_. _Lewis answered because she had gotten so much, she naturally would think so. Mr. Ryder asked, "Did you try and follow the smell and see where it came from? Mrs. Lewis answered, "No. I called -up Mr. Custanc a to do it." 139 Mr. Ryder asked, "Do you remember what day of the month it was?" Mrs. Lewis answered., "It was four ' or f`i've weWs ago." She ' was then asked how many hens and chickens she had and she stated that she had three chickens and six ducks. _Mr. Ryder intimated that it might be the barnyard fowl she smelled, but she did not believe it was. Mrs. Lewis stated that last summer was the first time that she was bothered with the odors, Asked what her experience was in regard to the flies before last summer, she stated that she had no experience previous to that inasmuch as she had been away at the Cape summers. Mrs. Charles E. Goodrich, 214 Lincoln Street, stated that she moved from Somerville to Lexington one year ago the 23rd day of thismonth and she supposed that she had come to a nice clean country Town to' live in, but since she has moved here she'has not been able to go out onto her piazza or 'the back yard on account of the stench from the large heaps of manure and the swill `which is just over back on the Ryder property. She would say that the heap was - about 3 minutes walk fram her house, and w.s nearly as large as a common sized house. The flies are enough to make one sick. She did not see why Mr. Ryder was allowed to put'the manure,'swill and tln^cans so near the main highway, inasmuch as you can see it and smell it any time you want, and she wanted to know if people have to put up with it as they had ' to close their doors and windows. She stated that she had not visited the promises, but she could see it from her house. She stated that. the laud was marshy and she could not'get there if she wanted to;._that_they Were -taking a very long time to remove the_ pile refuse which .of she supposed they thought.they had.covered the law when they covered it with lime_«.__.She_ stated that there were a great aumber_of flies_ ire, the house even though they had the doors -and windows screened, and.that the door was black with flies when. she_atteralsted to go in, the. door and she had to use flit to kill them in the house; she did not know where the piggery was, but she did know where the pile of manure was and it wasbbredding'flies. Mr. Wrightington asked her,"How far is the pile of manure from your house, you said you could see the manure?" "I still say I can see it and I told you that if I could walk to it I could get to It in about two or three minutes." "How did you know it was covered with lime?" "I was told it was lime." Mrs. Lester F.' Ellis, 52_ Waltham Street, stated that she wanted to(V=cborate the statements of the other people. She lives on the opposite side of Waltham Street and there ' are three houses between her place and the Hyder piggery; they are unable to use their piazza summers on account of the odors. They also get flies. "I object also tbethe loads of garbage that travel by during,the.night. They found that upon inquiry th*t.the trucks are loaded with 140 barrels of garbage going to _the_ Ryder premises,°and travel by during the night. She_ s tat ed that she lived next door to the Wiswellts, place,. and has lived there for nearly 13 years. She has been bothered with flies and odors_the.last two years; they never would have built a screen _porch if they had known they would not be able to use it. Asked whether or not -she could sag anything about any other sections of the Town, she stated that she understood that they all got black flies in this section. These flies that she gets are not ordinal* house flies. Asked whether or not she had been over to the Ryder piggery, she stated that she had been over there at one time but now wanted to keep as far away as possible. Mr. Jasper A. Lane said he wanted to confirm everything that was said. He thought that there were about twenty-four or thirty toms of swill coming in from two to eight o (clock in the morning. "The odor from the piggery is intolerable, and has Increased in the last three years.. Previous to that they had no trouble; they were feeding grain to the pigs at that time. The odor acmes when -the wind is south and southwest, 'through from the State'Road.* He stated that he has been living in Lexington Tft the past nine gears. Mr. Chamberlain wanted to knee* how he knew that there was about thirty tons of -garbage hauled there, and he stated that he was told so: Mr. Eugene Kraetzer stated that they had received the offensive odors at their house dor the past two years, since _Mr Ryder has been feeding swill to the pigs. Before that time he was feeding them 'cocoa shells-,.. and grain and they did not get the offensive odor. He_was. located at 9 Forest Street, opposite Mrs. Lewis lts house, and he also was troubled with a great many flies, and the odor comes from the southwest direction. _There were buildings between his house and the Ryder piggery,-nameely.. the Christian Science Church and_ the_ home of David Murphy". When asked whether anyone else wished to speak in regard to .the Ryder piggery, Mr. Edson A. Bowman, 32 Lincoln Street -stated that he did not 'seem to get much smell from the piggery. His property 'adjoins the property -of Mr. Ryder on Lincoln Street. He'stated that he did smell the Town dump, ` but he did not get any odors from the piggery. He stated that he had lived five and one-half years in this locality and his house is located in the northwesterly direction from the piggery. Mr. Bowman said that his property was the property nearest to the premises wIffich ter.. Aldrich formerly owned, and Vine -Brook rules back of his house:.._ When a.ske-d whether he. had ever been on the property where the piggery, is located, he 1 1 ITU stated that he .had not been. Asked how far he is located from the nearest piggery; he stated that he eould not exactly say, blit that it was probably about two hundred yards. His occupation is a line foreman for the Edison Electric Illuminating Co. fir. Ryder stated that he apparently had a friend at the hearing this evening,, and he.was glad to hear that he smelt something and that something was the Town Dump. . Mr. Frank McNealy, 15 Outlook Drive, was a resident of the Town for the last six months and he stated that he never in his lre had seen flies that were like these flies, andto his mind there was no doubt where they came from. He had never experienced anything like this before. Mr. Russell I. Prentiss was asked what he had observed as Health Inspector on the premises. He stated that on March. 19, he was there at eight o'clock in the morning. There was a large brood house which might be called a double-decker house with. an upstairs and downstairs. The building needed -to be whitewashezl; the pow -were in very good condition, as clean as could be expected. There were two outside platforms approximately 80 x 14 and four 14 x IO where most of the swill is Ped, they were about one foot from the ground I and have been filled in with gravel on,the road -way so that ,nnly one side is sa 1o.s' a r3« ' The. back side is sopen... On the small platforms there was considerable refuse. On one of the large plat forms_. there were three or four piles of fresh garbage; there were no pigs there. The •foreman stated that they were fed three times a week. There was.one truck covered with canvas and barrels which Vere also covered with canvas and they were washed after• the swill was dumped out, He went to what is known as the "old pageant grounds" on .the following night.' Mr. Wrightington asked h1m, "What direction is this from the brood house?" "I should say northerly; I am told that this land is part of the Ryder property." Through the woods and the .open part of the field there were about one hundred fifty small piles of refuse; some had been there for along time and others were quite fresh. These piles were about as large as a dump cart load. They were of shells, orange and grape Fruit peels, bones, etc. From the fresh piles there was caasiderable odor. On this day I took a photograph in the afternoon of the conditions as presented. When asked by the Town. Counsel whether the land was cultivated or whether it was in the same condition as when the pageant was there, he stated that some -of the piles were in the woods. "On Sunday morning, May 24 at seven A.R. there were three or four piles of garbage on the platform . apparently there all night.. There was a pile -of refuse 142 pa had been -put -there since the 20th on the a old pageant grounds". "I identified this as the same place,as I had been -there on the 20th. On Saturday, the 23rd, I was there again and going hp by Mr. Briggfs house about 5:30, there was a truck pulling up to the platform, and unloaded swill. At fdrst the pigs were driven out, and the swill was dumped out in the open. On the 24th the same pile was on the platform. • There was no covering over the garbage. On the 27th I went again and in the afternoon with a photographer and between that time and the 24th another pile had been dumped there and we took these pictures." The Inspector presented several pictures that were taken. '"On the 11th of April, I visited the Ryder piggery with Mr, Wright of the State Dept. of Public' Health and we went over the premises,. There was some odor." _ Mr. Wrightington asked, "What was the weather condition?" "It was fair and very eool." The ground was not frozen, the platforms and houses were In the, same condition; not a great deal had been cleaned off and the Cather one had swill on .it .where the pigs had been eating, The brood house was about the same." The Counsel asked, "Did you go over the premises , at that time? Does the piggery extend dews" to , Vine Brook?" Mr. Prentiss stated that it extended to Vine Brook ars the northagsterly corner." Mr. Wrightington asked.ffla there a fence across the brook?" Mr. Prentiss answered, "I could not say that,- The water is quite low and the pigs go down there and drink " The Town Counsel asked, "Did you see pigs on the 19th of March drinking there?" Mr. Prentiss saswered., "Yes, I saw pigs drinking there. The ground was quite soft; that at this time of the year there were no flies iso speak.of. There was one of the trucks there and the barrels had all been cleaned out," Mr. Wrightington asked whether Mr. Prentiss was Health Inspector when they were supposed to be feeding, grain to the pigs. Mr.._ Prentiss stated_ that he was appointed in 1926. Mr, Wrightingt.on asked,.._"Have .lou made inspections of the _Hyder premises since then? Mr, Prentiss replied, "When_,.I_firs-t ma.de_inspeet.i.ons they were feeding_ice_-cream_ ..cones,.. gra3.n,. milk. axed. bread and no garbage, at least I did..not_ see .any if it was there at that time." Mr. Wrightington asked,..."Didyouu.get any information about the number of hogs?" Mr. Prentiss.said, "I was told there were about four- hundred. -to fixe...hundre.d pigs. It was rather hard. to. esisima.-ta...them_when_.they were all aver_ the -_ground., . It aeems,ed _as..tha ._there were less there this last time." Mr. Prentiss stated that Mr. Freeman informed him that the platforms had been cleaned out every morning. Town Counsel asked whether or not Mr. Prentiss found some new piles of garbage there between his irst and seared visits and just how he found them. Mr. Prentiss stated that there were. no fresh cart tracks on the first visit. On. the .24th ikh.ere were fresh cart_ tracks which l.ead..up_,to the pile. Mr. Wrightington said, "You also __spoke about_ some garbage that was there the night befoe,_ was . there any objectionable odor from .it?" lir. rentiss _said "It was fre sh garbage. and_ there..was no _ odor." Mr. Wrightington read a letter from. Dr.. George H. Bigelow_ dated August 15, .192.8. Mr. Robert L, Ryder addressed the_Town.Counsel._and They employed twenty-five or thirty.men on their premises and have for a _number:. of years.. They are farming bectanad they have got the _land _that .is not suitable for any other.purpose_and becausethe inhabitants of the Town. and its _officers have. been so short-sighted that.they.will not do.the_ things that we have advocated and believed in.. doing. and by doing these things the land woiad be .assessable for a great deal more money than it.is._at the present. He stated that he had advocated drainage ..and ,layout of streets and he believed the land would be more valuable for other use.. It is at present.farming land, and he believed as soon -as something is done.to change the conditions, they will. not farm it. We have one .hundred _ and fifty or two .hundred acres of land which we... cannot_ do anything ..with .bixt farm. He felt they had a right to use the land for commercial purposes, and for the purposes for which it would. make the most money. If he was not doing it, properly, the Board had a right t.o,stop him,and.the members of the Board and statedthat he was not going to offer any evidenee in .controversy. to the statements made here tonight. Mr. Ryder went _on to.._say _that he had lived here for a long_ time._and. wak always ready to be of public service as far as he could and_ was always interested in the welfare of the community, and after hearing the arguzments, _he_ wondered..whether he was interested An _the. welfare of the Town in trying to maintain a public nuisance. He did not believe.,. however, .that he or his brother had any intention of doing .it, and he still maintained that __they are just as much interested in the Towns future as anyone else at the hearing. They employed twenty-five or thirty.men on their premises and have for a _number:. of years.. They are farming bectanad they have got the _land _that .is not suitable for any other.purpose_and becausethe inhabitants of the Town. and its _officers have. been so short-sighted that.they.will not do.the_ things that we have advocated and believed in.. doing. and by doing these things the land woiad be .assessable for a great deal more money than it.is._at the present. He stated that he had advocated drainage ..and ,layout of streets and he believed the land would be more valuable for other use.. It is at present.farming land, and he believed as soon -as something is done.to change the conditions, they will. not farm it. We have one .hundred _ and fifty or two .hundred acres of land which we... cannot_ do anything ..with .bixt farm. He felt they had a right to use the land for commercial purposes, and for the purposes for which it would. make the most money. If he was not doing it, properly, the Board had a right t.o,stop him,and.the 144 people had a right to complain, but he stated they had a right to maintain a farm. Mr. Ryder stated that he had done a great deal to correct the complaints but he realized that sometimes ceders given to employees are sometimes not carried out. He came before the Board at a hearing last April and he felt that two out of three complaints were unreasonable, and since that time there has been two written complaints* He corrected the conditions that he did not eves° know existed, and gave orders to have no dumping on the pageant grounds; that Mr. Freeman told him -that it had been carried out. He had been trying to carry out the regulations_ inasmuch as he had no desire to become a nuisance; he would do anything necessary to carry out what he claimed they. were trying to do; he felt that as long as they had this hand they can operate a pig business and he claimed they had a right to use the land; they have a right to use it for an industry that they think will make the most money., if they do it in accordance with the rules and regulations of the Board* He stated that he wanted to do what was necessary and if he does not comply with the Regulations he would move out of Towne and he did not believe that the Board had any right to consider seriously the complaints that he had heard from the one or two letters read. He felt that ;the complaints were inconsistent inasmuch as they stated tI-at in the morning the flies were on one side of the house and in the afternoon on the other side of the house; that you can smell these pigs on the road to .Waltham* He sited instances where you could smell pigs on the I'd doto altham and_.yyou_-could __find piles of manure located on the ails -on- .farm off Massachusetts Avenue on Pleasant Street, where you could'i'ind a pile.of.manure as large as a hill; he felt that. a farmer had a perfect right to have this on his premises but inasmuch as this is horse manure it seemed to be thought perfectly all right. He put a pile on his premises. as far. .back on the property as possible and covered it with _lime and moved it under the most favorable weather .con.ditions, and he has andeavored.to.comply with the. rules and regulations as best he could. At this point.Mrs. Charles E.*Goodrich stated that the pile of refuse which he referred to_had__not been moved and was still.there on_.the premises, Mr. R. L. Ryder. stated -that he had on his premises between five.hundred.and six _hu e -d -pigs but they have had as hili as fifte-en.hundre.d. That does not include .thee young. hogs._ They had --b$04 feeding grain for three or. four years,_ He -stated that in the last six -months --they had -cut-down: the amount of garbage that _had_ been .fed. He. stated_ .that they were feeding about ten or fifteen tons a day. . This was brought from.Boston hotels, and occasionally some from Arlington and Newton, but most of it comes from Boston, and is delivered every morning from six ' to eight otelock every day in the week, but no delivery is made on Sundays. Sometimes the pigs get fed on Sundays and sometimes they don't. Asked whether the manure pile on the Hannaford place had been spread upon the ground, he stated that it had been cleaned up about three Weeks ago. Mr. Ryder then asked'Mr, Freeman if they had been dumping tip cart loads on the premises. Mr. Freeman stated that there had not been any dumping since last Fall. The marks on the pageant grounds were caused from trucks that were hauling wood from out of the woods. The trucks ran over the swill pile and made it look like a new one. Mr: Lester F. Ellis, 52 Waltham Street, said he had seen garbage dumped early in the morning. On Xmas morning he picked up two men and took one to North Cambridge and one got off somewhere in East Lexington. He asked them where they worked,- and he gathered from them that they were working at, the Ryder Farm and they had made two trips during the - night to get swill and that the first truck came back ' between two or three o'clock in the morning and the dumping of these barrels had.awaken ed him on several occasions during the night. Mr. Ryder explained that the incinerator of.the Hotel Statler had broken down.and during that time they had made two trips at night and that was the morning_ that Mr. Ellis had spoken of, and this was carried on for only a period of two or three months, He stated that the title of the premises was in the name of .the Ryders Stock Faxen. Incl,,-- and_ they have- forty acres including the piggery in the name of the Ryders_ Stock Farm Inc.,, a Massachusetts Corporations the rest was owned by his brother.. Charles Vii, Ryder. The hearing closed at 9:45 P.M. A true record, Attest: 1 Clerk.