HomeMy WebLinkAbout1929-04-16 121
REGULAR SELECTMEN'S MEETING
April 16, 1929.
11 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,
Ch wnberlain, 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 granted:
Innholder +s License.
-John E. Coyle 1822 Mass. Ave .
Public Carriage Licenses. Licenses.
- John E. Timothy Kendall Road
..Thomas M. Montague 33 Waltham St.
Sunday Sales License.
George "F. Cl ''lin Bedford & No. hancoc';
Sts .
Junk
A. Greenblott 97 Prospect St. , Waltham.
Com- on Victualler 's License.
John W. & Agnes H. Cassidy 1715 Mass . Ave .
The following abatements were signed:
Water 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 co-nection Mr. Custance explained of April
t'h ^t he was going to give the Town a reviewing parate.
stand to be erected opposite the Soldiers '
Monument on Massachusetts Avenue.
It was suggested that the Selectmen and
their friends be invited to attend the exercises
and it was therefore decidedto invite the
following persors to be present:
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Senator Joseph R. Cotton, Mr. & Mrs . Geo. y
E. Brigs, Mr. & Mrs . William S. Scamman, Miss
Marian P. Kirkland and Assistants , Dr. & Mrs .
J. Odin Tilton, r. & Mrs. Robert H. Holt,
Mr. & Mrs. Edward C. Stone , Mr. & Mrs. E. G.
Preston , Mr. & Mrs. Leroy S. B'nwn, Mr. & Mrs.
John E. A. Mulliken, Dr. & Mrs . John H. Kane,
ere. & Mrs. Byron C. Earle, Mr. & Mrs . James
S. Smith, Mr. & Mrs. Howard S. O. Nichols,
Mr. & Mrs. C. Edward Glynn, Mr. & Mrs. Charles
F. Pierce , Mr. & Mrs . Sydney R. Wrightington,
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 from 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 as it w9s decided to refer them to
the Town Counsel for his opinion.
Overhanging Mr. Blake called attention to the fact
Signs . that he did net believe a $1000 bond was sufficient
and that a $5000 bond should be issued.
It was decided to find nut 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 to the Board of Survey layout of street
along Vine Brook, leading from Massachusetts
Ryder 's Aeenue to Vine Brook Rodd , adjacent to the
proposed premises at 1668 Massachusetts Avenue. Some of
street. the questions being legal matters, they were
referred to the Town Couns-1 for information
as to the reply. Other matters were referred
to the Planning Board.
Inesmunh as the Torun 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
J to transfer of land , it was decided to tare
the matter ur with the Town Counsel so that
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the legal status of the pronositinn will be
properly ta'>en care of.
Let1-er w^s received from the Town Counsel
in which he recommended that action on the
layout of Hill Street be ta?ren under General Hill Street.
Laws, Chapter 82, Section 21 inasmuch as no
record of the location of the street was ever
made.
Mr. 0astance reported in regard to
meeting of the Pawn Engineer and himself with
the State Engineer to go over the proposition
at 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 Layout of
if they do not take it over as a State Highway. East Street.
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- Enforcement of
meet of Sections 151 and 1546 of Chapter 140 laws re un-
of the General Laws , relating to rabies andlicensed dogs,
licensing of dogs. rabies .
The Board decided to request the Police
Department to dispose of all unlicensed dogs
found br them, 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. Douglass appeared 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 , but simply for a service stntinn.
Inasmuch as no r-presentative of the
Master Service Station Inc. appeared, ter.
Douglass was asked whether or not he had Master Service
authority to represent them. he thought he Station Inc.
had a letter at home giving him authority hearing.
to appear. He stated that a deed was being
held in escrow to the Master Service Station
Inc. pending this aprlication..
He stated that he knew Mr. Potter of this
Company fob' fifteen years, and has always known
him to be a man of good character, and it w,,s
impossible for him to be at this hearing.
Mr. Eugene &. Viano appeared in opposition
owinp to competition in business . He stated that
he felt the Colonial garage w^s able to handlp
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all the business for this town for a number
of years to come and that this service station 3�
was not a public necessity. He felt that
the applicant didnot 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 were
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 make 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 ,
the Board agreed to hear his statements.
Mr. Seligman stated 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 operate the service station.
The Board informed Mr. Seligman that
inasmuch as he was the owner of the property,
they would accept an apnlication only from him.
The Boa1^d declaredtte hearing closed
and decided to refuse the application without
prejudice.
Letter was received from the American
LaFrance & Foamite Industries Inc. to regard
to the fire pump and forest fire equipment.
Forest fire No action was taken on their letter
equipment. inasmuch as the 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 erf the Town Counsel in reference
to Guaranty Bonds for the Mater Department in
Guaranty connection with the laying of water mains
Bonds . was to be sent to the members of the Board
to view during the week and to tare un at
a later date .
125
Mr. Custance called attention to the Sewer Con-
fact thc±t sewer construrtien work in Waltham struction3
Street should be started so that it will be Waltham St.
in and settled before highway work is begun.
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 1, 1929. Chief of Police.
Letter containing this 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 Department and to the Planning Board in-
forming them of a vote or' the Town whereby Center Engine
the Selectmen were instructed to purchase a House.
site or sites for a Center Engine House.
The Town Engineer and the Planning Board
were requested to bring in their recommendations
on this miter before June 18, 1929.
Discussion arose as to the editorial in
the Lexington Times-Minute Man giving inferences
relating to the Board ►s action on gasoline permits. Editorial
After consultation it was decided to request Lexington Times
the Town Counsel to draw up a letter to be
sent to the Editor of the Lexington Times-
Minute Man rego esting him to be present at
the meeting of the Selectmen at which time the
Editor will be requested to prove the state-
ments contained in his paper.
Mr. J. 0„ Richards came before the Board
in regard to "ewer Assessments.
He stated that the sewer hsd 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 J.O. Richards
Road, he received another assessment which he Sewer Assessment,.
did not believe was proper.
He stated that there wns a 25 year restric-
tion unon 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 possible that the restriction has expired as
he has been tle owner of the premises for aprrox-
imately 25 years .
126
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.
Fence around The Board requested Mr. Slake to see that
Belfry. 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 suggested getting some old shingles
and clapboards to cover the Belfry, and he
felt that this should be done also.
Pyr. Blake called attention to the fact
that several of t'"e larger trees on Belfry Hill
are a menace in the present condi.tien inasmuch
as they are about 50 or 60 feet high and are
more or less diseased at the bottom, and he felt
that they should be bolted and suggested that
the Davey Tree Expert Co. or Frost Insectidide
Co. might be able to do this work so that no
Diseased damage could be done by falling trees, inasmuch
Trees, Belfry as the cable would keepthe trees from falling
ng
Hill. 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 trees in
such a manner as spoken of by Mr. Blake.
Mr. Custance suggested that the Board
Rubin & proceed to make a taking of the Rubin &
Seligman land. Se11man land. on Massachusetts Avenue so
that the street could be widened to Grant
Street
The report of the Supt. of Public Works
is as follows :
Highway Department .
The department cleaned, scraped , leveled.
and rolled and applied cold tar surfacing material
on Upland Road, Glen Road , 1'eriam Street, Hancoc'r
Avenue , Somerset Koed, cleaned and leveled, and
aprlied gravel surface to Hayes Avenue and Abbot
Road . graded , leveled, rolled and applied.
hot surfacing tar to surface of Adams Street from
Hancock Street to Eeet Street.
Patching wes done on the followinc streets :
Concord Avenue , Lincoln Street, Oakland Street,
and Hancock Street.
Next week, the department will continue the
127
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.
Regular maintenance work carried on and will
occupy the department next week
Water Maintenance.
Approximately 200 fent 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 Bank service on Harding Road;
three services for B. J. Selfridge on Crescent Hill
Avenue.
One sewor service has bec.n installed for William
B. Foster on Plainfield Street.
Regular routine work is plannedfor the week
ending April 27, 1929, in the Water Department . The
Waltham Street sewer will be started.
Engineering Department.
Sewer.
Elevations for Sewer Study.
Highways.
Completed study of thru highway from Bedford St.
to East Street.
Water.
Location of 12" main in Massachusetts Avenue between
Woburn Street and Waltham Street.
Miscellaneous.
Checked old Adams School Deed un to release for
Town Counsel.
Completed record plan for conveyance of strip of
Library property to Marshall.
Index office plans.
Very truly yours ,
William S. Scamman
Supt. of Public Works.
128
CZ
Letter wes received from the Supt . of
Public Works giving reply of the Chief of ig
Fire Department of Norwich , Connecticut,
in reference to hose.
The Surt, recommended , in this
connection, that e steel water tank, a
small pump, atd at least 1000 feet of rubber
lined hose be purchased.
The Board adjourned to the Supt . of
Public Works ' room to view the fire alarm
boxes of the Gamewell Company.
Recommendations No definite action was taken in
For Fire Dept. regard to n rchase of any equipment for the
Fire Department.
Mr. Custance reported specifications of
the Ga'rewell Company which he said he would
take up with the Firr Engineers so that they
could go over the specifications and give
their suggestions and the specifications
could then be sent out to various concerns .
Mills Rearing Application having been received from
Charles F. Mills , Concord Avenue . for variation
of the Zoning Law to permit the use of a building
locatedon 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. O 'Connell appeared as
Attorney for C. F. Mills , husband of the owner
of the property.
Mr. Mills stated that he h"d 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 he'd another home in
Somerville.
His occupation was a carpenter and jobber.
He stated that he conducted his carpenter business
at home and has done carpenter wok ever since
he has occupied the home in Lexington.
Asked if he had work from the City of
Somerville at th.t 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 30• years but was now doing it on a larger
scale than before.
Asked if his neighbors visited him while
at hit trade at home, he replied that they did.
Recently he made application to the Building
Inspector for a permit.
He stated that he had been workling 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. Asked
whether or not the new building was now finished,
he stated it was entirely finished outside batt not
inside. He stated that when ha-applied for the
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 Inspector
visited his premises when the work was going on.
A copy of the application was presetted by the
Building Inspector, The application for the
building was dated November 2, 1926 and the usual
form of application was used. Locatirn, 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 the 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 thre 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 351 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, he stated that he had done
work for the 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 t^e City of
Somerville at Concord Avenue that he had been
doing it for about three months.
He stated thnt he had done some work in the
121 x 16' 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 271 x 18 +
and another 181 x 121 , 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 to the $
fact that the application was made by Mr. Mills
while Mrs . Laura T. Mills 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. Thct he has
visited there for the pa t 11 years, and that
during that time the carpenter shop has been
there all of that time and that he had seen
Mr. Mills at work at this trade on the premises.
He stated that he hadseen work carried out of
there that had been done by Mr. Mills ever since
he had known him. 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. to gave the general location of the
buildings upon Mr. Mills ' property 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. Mills 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 scraping them and put} ing oovers 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 that there
was one house between Mr. Mills ' property and
her property. Mrs. Mitchell stated that she 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 hadseen 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.
131
He stated that he had known Mr. Mills for
a number 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
I II Somerville.
He stated that he put an addition
upon his place for him and that he built storm
doors and screens for him. He stated that
there are no other carpenter jobbers in this
vicinity, no stores and that obhe section was
a residential section with the exception of
the filling station and garage at the corner
of Concorr 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 had seen her husband working
at his trade upon the premises, she stated that
she had seen him 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 seem 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 epposed were then invited to speak.
William Greer stated that he lived on the
opposite side of Concord Avenue from the Mills '
property anm 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 thot he believed in
abiding by the laws, that he had never been
upon the premises of Mr. Mills. He hadnever
been any sign erected there indicating that a
carnenter jobbers shon existed there . Mr.
Greer stated that he was a private chauffeur
and occupied the so-called 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 objection to the application. He stated that
he lived on the same side of Concord Avenue that
Mills lived on and he lived between Mr. mitchell
132
and Mr. Mills. He explained that for several .r.
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 the 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
piggery for sanitary reasons no evidence has been
produced to my knowledge that wouldindicate 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 years anduntil 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 ta&'en into consideration
with the nondescript type of building which he as
a building contractor erected and the dispooportion
and emplacement of the more recent buildings for
which he requests permit it can be recognized that r
the thousands of dollars and time I have put into -- n- -
developing
n- 'developing my own property is no more than a loss
133
due to depreciation from this proximity.
What I have said so far is only to e'rnhasize
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 was 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 a1anm 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 ppoperty 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 wh; ch he has been convicted and I see
no guarantee whatever that that building will not
be put to nefarious ase also.
The atroarance 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 ifter years 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 penging.
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.
Genttimen, my family and self have been openly
threatened by this man. I have an"ealed 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 N'
The following notice was inserted in the Lexington
Times Minute Man and sent to parties interested:
Z4
NOTICE
Lexington', Mas§.
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 thethe
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.
r
1 3 97
NYDER 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. Approximately Ryder Piggery
sixty persons were present. including the Health Hearing.
Inspector.
Town Counsel, Sydney R. Wrightington, 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 notice
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 Healthin
carrying out the rules. and re gulat ions.
Mr. Wrightington called upon Mrs. Caroline. T. Reed
as one of the eomplaintants . 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 whichthey have to contend with nearly all
the year around. She stated that Mr. Custance at one
time came up there and saw one side of her house which
was just about black with .great big flies ; that her house
was south of the Ryder piggery, and ,
ahe 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 hill 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 informed 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 knew the line at 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 there, she stated
that she was not sure of that. She lived in the Fair
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Oaks district and there is a hill between her :r
house and the piggery and her house is down a+
below. Mr. Ryder called attention to the fact
that there are fifteen acres. between her house
and the piggery. Asked if she could see any
structures, she stated that she could see
structures in the distance.
Mr. Bert J. Whitmore of 69 Wachusett Drive
who lives next to Mrs. Reed's was next called. He
stated that he experienced the same as Mrs. Reed
as to the odor and flies from the piggery near
their place. Asked if he noticed any di ff erenc e
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 stated 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 piles.
Mr. Robert B. Lane of 15 Fair Oaks Drive was
next called. They live in the same locality and
the things noticed are parallel with what tha. other
two speakers have spoken of. They corroborated
the statements of Mr. Whitmore. They lived there
since last October. The house is located approximately
two or three hundred yards from the slope of the hill .
He stated that the adope is on the Ryder premises.
He had gone as far as the stone wall, and saw pigs
there in sight. The wind comes from the northwest
direction. It is impossible for then 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 be knew these
flies came from the Ryder piggery, he stated that
it was only from hearsay, but he had been told .by
other neighbors that they have similar nuisances.
The flies 'were much 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
Oaki Drive?" "Two" . His occupation is an electrician.
Mr. Frederick W. Fierce, 77 Wachusett Drive ,
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 ane
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
Mr. Ryder's piggery. I have visited as far as the
stone wall, but being private property, I wouldn't
undertake to examine the premises . There were very
offensive loads of offal on the premises. I should
think there would be a restriction on same. The
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garbage that comes from Lexington 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 faril
he stated that he had been there once last fall .
The wind was westerly so that. we would not have
noticed it. "How far. is your premises?" asked
Mr. Wrightington. "Tyro 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
toget in touch with the members of the Board of
Health but when th - et there the wind either dies
down or is shifted get
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 brings
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 eeemsions when I have been home.
In the afternoon and when I have been home Saturday
afternoon. "
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. Ryd er 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 from
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 hollow.
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Mr. George H. Gibson stated that he had
reason to believe that the odor that comes from
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 staying 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 try to drive them off. They
are green bottle flies. I live at 59 Waltham 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 say it was about 1927 ,
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
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 children,
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 *
get the wind the right way. There is nothing to
interfere with the odor coming my 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. Custance to do it."
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Mr. Ryder asked, "Do you remember what day of the
month it was?" Mrs . Lewis answered, "It was four
or five wee ago. " She was then asked how many
hens and chickens she had envi 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 net believe it was. Mrs. Lewis stated that
last suer 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 this month 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 from
her house, and the 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
tin^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 premises, but she could see it from
her house. She stated that the land was marshy and she
could not get there if she wanted to;. that they were
-taking a very long time to remove the pile of refuse which
she supposed they thought they had covered the law when
they covered it with lime.. She stated that there were
a great member of flies in the house even though they
had the doors- and windows screened, and that the door was
black with flies when she attempted 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 wastbredding flies.
Mr. Wrightingtonasked 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 co ;mborate 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 Ryder 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 thmt the trucks are loaded with
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140
barrels of garbage going to the Ryder premises, and
travel by during the night. She stated that she
lived next door to the Wiswell'splace, and has
lived there for nearly 13 years . She has been
bothered with flies and odors the last two years ;
they neve - would have built a screen porch if they
had known they would not be able to use it. Asked
whether or not she could say 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 ordinai!r 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 tons 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 canes when the wind is
south and southwest, through from the State Road. '
He stated that he has been living in Lexington Tor
the past nine years .
Mr. Chamberlain wanted to knee* how he knew
that there was about thirty tons of garhbge hauled
there , and he stated that he was told so.
Mr. Eugene Kraetzer stated that they had
received the offensive odors at their house for the
past two years, since Mr. Ryder has been feeding swill
to the pigs. Before that tine 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 's 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, namely, 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 Streetstatedthat 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 piggy. 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 w]'ioh Mr.
Aldrich formerly owned, and Vine Brook runs back
of his house. When asked whether he had ever been
on the property where the piggery is located, he
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stated that he had not been. Asked how far he is
located from the nearest piggery, he stated that
he could not exactly say, Mit that it was probably
about two hnnrred yards. His occupation is a line
foreman for the Edison Electric Illuminating Co.
Mr. 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 life had seen flies that were like these
flies, and to his mind there was no doubt where they
came from. He had never experienced anything like
this bdfore.
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 whitewashed;
the pens were in very good condition, as clean as
could be expected. There were two outside platforms
approximately 80 x 14 and four 14 x 10 where most of the
swill is fed, they were about one foot from the ground
and have been filled in with gravel on the road-way so
that -.only- 'one side is o lo.s'd d. The back s id e
is Depen. • On the small platforms there was considerable
refuse. On one of the large platforms_ 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
were 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 him, "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 a long 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 considerable 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.M. there
were three or four piles of garbage on the platform
apparently there all_ night.. There was a pile of refuse
142
that had been put there since the 20th on the 2D
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 tip by Mr. Briggts house about 5:30,
there was a truck pulling up to the platform and
unloaded swill. At first 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 cool." The ground
was not frozen, the platforms and houses were in the
same condition; not a great deal had been cleaned off
and the other 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 down to Vine
Brook?" Mr. Prentiss stated that it extended to
Vine Brook on the northeasterly corner." Mr. Wrightington
asked,"Is 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 answered, "Yes,
I saw pigs drinking there. The ground was quite soft;
that at this time of the year there were no flies to
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. Wrightington asked,. 'Have you
made inspections of the Ryder premises since then?
Mr. Prentiss replied, "Wheri. I first made inspect.ione
they were feeding ice-cream_ .c.ones,. grain_, milk and bread
and no garbage, at least I did .not see any if it
was there at that time ."
Mr. Wrightington asked, "Did you get any information
about the number of hogs?" Mr. Prentiss said, "I
was told there were about four hundred to five hundred
pigs. It was rather hard to estimate them when they
were all aver the ground.. It seemed :as though there
143
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
girst and seaaad visits and just how he found them.
Mr. Prentiss stated that there were no fresh
cart tracks on the first visit. On the 24th *here
were fresh cart tracks which lead up to the pile.
Mr. Wrightington said, "You also spokeabout some
garbage that was there the night before, was there
any objectionable odor from .it?" Mr. rentiss said
"It was fresh garbage and there was no odor. "
Mr. Wrightingtcai read a letter from Dr. George H.
Bigelow dated August 15, 1928.
Mr. Robert L. Ryder addressed the Town Counsel and
members of the Board and stated that he was not going
to offer any evidence in controversy to the statements
made here tonight. Mr. Ryder wenton to say that he
had lived here for a long time and wait 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 arguments, he wondered whether
he was interested in thewelfare 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 Town's 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 becmuae they have got the land that is not
suitable for any other purpose and because the
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 indoing and by
doing these things the land would 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 .btit
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 to 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 otders 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 even
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 land 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 moat 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 amply with the Regulations he
would move out of Town, 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 that 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 bdhdoto`_Waltham and youcould find piles of manure
located on the Wilson_ farm off Massachusetts Avenue
on Pleasant Street, where you could find a pileof 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 conditions,
and he has endeavored 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 hundred. pigs
but they have had as high as fifteen hundred.
That does not include the young. hogs. They hadbeen
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
145
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 canes
from Boston, and is delivered every morning from six
to eight o'clock every day in the week, but no
delivery is made on Sundays. Sometimes the pigs get
fed on Sundays and sanetimes 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 awakened 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 Fawn Incl, andthey have forty acres
including the piggery in the name of the Ryders Stock
Farm Inc. , a Massachusetts Corporation, the rest was
owned by his brother, Charles W. Ryder.
The hearing closed at 9:45 P.M.
A true record, Attest:
, & . ►.
Clerk.
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