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1929-04-23
146 -17 SELECTMEN 'S MEETING April 23, 1929 A regular meeting of the Board of Selectmen ref Lexington was held at the Town Office Building, Selectmen's Roe*, at 7:30 P.M. Messrs. Burnham, Custance, Blake and Shannon were present. The Supt. of Public Works and the Clerk were also present. The following licenses were signed: Bowling Alley License C. E. Barnaby & Mv.V. Davis 1804 Mass. Avenue. Licenses Common Victualler's License. Mike & Christy Hallos 1761 Mass, Avenue Ice Cream License Alikley W. Parttidge Marrett Rd. & Waltham St. The license for Mike & Christy Hallos was to be held until suchtime as the third letter of recom- mendation was presented. Application for pig permits were received from the following: Ryders Stock Farm Inc. , to keep 1500 pigs at the rear of 40 Maple Street, and 750 pigs at 117 Waltham Street, Ernest K. Ballard of Wood Street, and John Sullivan of 2407 Massachusetts Avenue. Application to keep three goats was received from Ryder Carl Hauck, Barbell Street. permit. The Board laid the applications on the table with the exception of the Ryders Stock Farm Inc. The Board voted to grant a permit to the Ryders Stock Farm Ine. to keep 1500 pigs at the rear of 40 Maple Street. The Board discussed the matter of application of Ryders Stock Farm Inc. to keep 750 pigs at 117 Waltham Street and Decided to seek the advice of the Town Counsel before acting upon this application. It was decided to notify Elmer A. Lord & Co. Insurance to renew blanket insurance in the amount of 450,000 expiring May 21, 1929. Public Request was received from the Public Health Association Health Assoc. that they be allowed the use of Estabrook Hall May 7 at the charity rate. The Board voted to grant the use of the hall at that rate. Request was received from the Middlesex County Extension Service that they be granted the use of 147 Cary Memorial Hall on June 11 from 10:30 AmM. Middlesex to 4 P.M; inasmuch as the Town makes an ap- County Exten. propriation for the support of the Middlesex Service, County Extension Service, it was decided to give them the free use of the hall as the meeting is open to the public . Letter was received from the Plumbing Inspector in. which he answered the complaints Letter to of Buckley & a,cCormack in connection with plumbing Buckley & matters . McCormack. The Board thought that the letter was entirely satisfactory and directed that a copy of it be sent to Buckley & McCormack. Letter was received from the Town Counsel stating that in his opinion anyone could kill Unlicensed dogs. an unlicensed dog at any time , and that the Board had the right to direct the Police Department to kill all dogs unlicensed and uncollared. The Board therefore sent instructions to the Police Department to kill all unlicensed dogs found at large. Letter was received by Mr. Cudance from Misses Frances & Sarah Robinson living on Stratham Underground Road, asking that a pipe be placed on Massa- pipe, Misses ehusetts Avenue underground to keep surface' Robinson.water drainage from running onto their premises as it has done for many years. This matter was turned over teethe Supt. of Public Works so that he could arrange to secure information as to the cost of doing this construction work. State Aid payroll in the amount of $32.00 State Aid was approved by the Board. payroll . Notice of a hearing at room 481, State House at 10 A.M. , May 6, 1929 was received whereby the subject of distribution of the cost of building the Cottage Farm Bridge be dis- cussed. It was contemplated distributing the cost Cottage Farm over the district contained in the Metropolitan Bridge. Parks, Water and Sewerage District. It was decided to request the Senator and Representative to see that the Town was not charged with expense on this p oject at the hearing. Letter was received from the United States Flag Association asking that someone meet the children of that organization in Lexington on June 3, at which time some of the children who' U. S. Flag have been given a trip will be present. Association. It was decided to request Dr. Fred S. Piper to represent the. Selectmen to meet these children at that time. 148 Letter was received from the Town Counsel relative to the copy of letter sent him from Eugene J. Viano asking for information relative Boardof to the status of the Board of Survey layout Survey' of 8bneet from Massachusetts Avenue to Vine Brook Layout, Road, in which Mr. Wrightington stated that he E.J. Viano. did not believe that his duty as Town Counsel required that he give information to outsiders other than town officers. This information they should secure. from their own .attorney. Relocation, Notice was received of a hearing at Waltham St. the County Commissioners ' office on May 24, 1929 at 10 A.M. on relocation of Waltham ..Street. $7000 for Letter was received from the County Commissioners Mass. Ave. I in which they stated that they would allow the Town construction. $7000 toward the construction of Massachusetts Avenue from Waltham Street to Elm Avenue . Notice was received from George E. Briggs, Ltd. Town Gov. Representative, in which he stated that the bill signed. bill authorizing the Town of Lexington to ea- tablish a limited form of town government was signed by the Governor on April 11, 1929. Letter was received from John Moakley in Electrical which he gave estimate of doing the electrical work, Stone work in the Stone Building as of $180. Building. Mr. Custance stated that he would make request for bid from another contractor and would turn thematter over to the Library Trustees. Copy of letter written to the Public Letter, Health Association by Dr. George H. Bigelow was Geo. Bigelow. received by the Board. This matter was referred to Dr. Clarence Shannon. Swimming Pool Letter was received frau the Town Engineer Drainage giving information in regard to the swimming pool drainage. The Supt.of Public Works reported the following bids on crushed stone. Company #1 #2 Nut Pea Dust Bids, crushed Coleman Bros. $f .50 2.50 2.50 stone. Gaffey Z.A.. 1.85 1.85 2.20 1.20 General Crushed Stone Co. 2.15 2.15 2.15 Malden Crushed r Stone Co. 1.8.75 1.975 1.975 2.475 1.975 Mass. Broken Stone Co. 1.90 1.90 2.30 2.85 Rowe Cont. Co. 2.50 2.50 2, 50 2% off cash 10 days. R.H.Stevens> Crushed gravel stone per au. yd. 2.00 2.00 2.75 149 The Board decided to accept the bid of R. H. Stevens for gravel and the bid of John A. Gaffey for crushed stone and to purchase the rough gravel from R. H. Stevens for construction work. The following arelbids for Sand & Gravel. Specifications Price. Fine screened brick sand $1.40 cu. yd. Cowie " tar sand 1.40 " • Clean washed Pea stone 2.75 " " Bids for #2 Washed stone 50% crushed 2.00 " " Sand & Gravel. #1 " " 75% " 2.00 " " Crushed bank gravel (nothing 60% stone larger than 1. 60 " " 2" spread any depth Rough bank gravel, 60% stone of good binding material 1.25 " " Charge for unloading in piles to be done by highway employees .35 " " At 8 P.M., as requested, C. Eliot Hadley and W. A. Rice came before the Board, several editorials having occurred in the paper edited by Mr. Hadley where insinuations were made relative to acts of the Selectmen. The Board felt that Mr. Hadley should be questioned as to the reasons for writing these editorials, especially those con- tained in the paper under date of Xpri1 12. Mr. Hadley stated that he was the editor of the Lexington Times-Minute Man, his wife Mrs. Hadley was secretary and he was also treasurer. He stated that the paper was owned by the Hadley Hadley hearing: Press, a Massachusetts Corporation, and he and Mrs . Hadley and John G. Reed were directors of the corporation. Mr. W. A. Rice is his advertising man . Golan G. Reed is the Assistant Editor of the paper. The Town Counsel, S. R. Wrightington, asked Mr. Hadley whether he was the editor of the editorial that occurred in the paper under date of April 12. Mr. Hadley stated that he did_not write it; that it was written by the regular force. When asked definitely whom it was written by, he stated that Mr. W. A. Rice wrote it. When asked whether it was written under his supervision or direction, he stated that it was submitted to him by Mr. Rice, and he admitted that he had seen it before it was printed. Asked whether he had may evidence that would substantiate the innuendos in the paper under date of April 12, he did not care to answer. Asked whether he had any evidence of those statements that he made, the Board would like to hear the evidence. Asked by the Town Counsel whether or not they considered a statement in the form of a question eliminated any responsibility of their statements , Mr. Rice answered that he felt it did, and the Town Counsel informed him that he was entirely wrong. • 150 Akked again whether he had any evidence to substantiate the innuendos in the paragraph, he' stated that Mr. Wrightington would have to look to Mr. Rice to get the information. Mr. Rice stated that he wrote the editorial and that he had the information. Mr. Rice was asked whether or not he was requested by anyone to write the information contained in the para- graph, and he stated "no". Asked whether Mr. Rice had written previous editorials, he stated that he did and could do so if he wished;' that it was a p rt of his duty. Asked how he was paid forthis information, he stated that it was his own affair. Asked whether he desired to state any evidence of his statements printed in the paper of April 12, he stated that he did not, not a word." Mr. Rice questioned whether the letter that Mr. Wrightiegton wrote was written in proper form and asked the definition of "Allegation". Mr. Rice stated that if the letter had been written in the proper language, that he might have been willing to answer questions. He stated that he objectid to the question of allegation. Mr. Wrightington stated that inasmuch as Er. Hadley and Mr. Rice did not care to answer any of the questions, he would assume the hearing was at an end. The Board considered the editorials further and decided that they would await the next week's issue of the paper to see that editorials would be contained therein before making any decision in re- gard to same. Mr. Daniel J. O'Connellcame before the Board Healey Claim with Mr. Dennis J. Healey to talk over his claim. Hearing. Mt. O'Connell requested, a hearing to discuss the matter of a sidewalk along the property of Mr. Healey. He stated that when Massachusetts Avenue was rebuilt along Mr. Healey's premises, the ceam crete sidewalk that was in front of his premiees was destroyed and was promised by the Supt. of Public Works that the sidewalk would be replaced by a sidewalk of some kind. Mr. O'Connell stated that inasmuch as 3880 square feet of the best part of Mr. Healey 's property running in front of his house had been taken, he felt that he should be given consideration in addition to the award of the County Commissioners of $582. The taking in front of his house was made for a depth of 16 feet. The Town removed the trees from the prenises, some of them were 75 years old and were considered valuable to Mr. Healey . The wall was replaced but the gravel and loam were piled up upon it and Mr. Healey had to employ a man to carry it away. He had to work himself on various occasions inasmuch as the work had to be 151 done to put the premises in condition. Mr. Custance stated that he felt that Mr. Healey had been put to a disadvantage with the operations of building the street and recommended that the figures be set forth showing the frontage of 322 feet on Massachusetts Avenue in front of Mr. Healey's premises and the estimated cost of' the entire sidewalk removed to be about $325, and to replace about $450. Granolithic sidewalk for this distance would cost $575. After figuring the value of the trees taken down and the disadvantages and expense, Mr. Healey was put to to fix up his place, the Board decided to offer the sum of $750; the Town to complete the sidewalk. Lt was also nnderstood that the Town place trees Along the street line, inasmuch as Mr. Healey would not agree to have them placed on his premises. Afta6 402e apgu .3igit'the_ beunlilE eine`t© an' &ireement to settle far _the- 'suul Of $800-. ( Wad the Torn to complete the sidewalk. Chief Edward W. Taylor, came before the Board to go over the specifications for underground wires . Mr. Custance requested Mr. Taylor to come before the Board' to go over this matter, inasmuch as he felt that these underground wires should be installed in Massachusetts Acenue before any construction work is started. It was decided to request bids from whatever companies that dealt in this work so that the bids would be in to the Board by May 7, 1929. It was also decided to invite the American LaFrance and Foamite Industries, Inc. , and Maxim Company, the Seagrave Co. , and the Ahrens-Fox Company Company to present bid* on a 750 gallon pumper. Mr. Taylor spoke of obtaining a foamite apparatus Fire Apparatus. to fight the fires starting in a line of automobiles, inasmuch as the Town did hot have any equipment of this kind. He felt that the American LaFrance Company was the party that could offer this proposition, and he felt that if a pumper was purchased from them, that they could afford to give the Town this $500 item. Mr. Custance reported that two trees in front of the Barnes property should be removed owing to Trees, Barnes their condition. properly . He also stated that application for sidewalks from the owners of property in that vicinity were being requested, and he felt that these trees should be removed before sidewalk work is started. Mr. Blake reported that he again viewed some of the trees on Belfry Hill and felt that some Trees, Belfry of them should be removed; that they were in a Hill very bad condition. Mr. Custance reported that Mr. Allen _ i 152 T Trees, A. Chamberlain suggested that the ash trees Chamberlain. around the Common and Buckman Tavern property should be taken down. Bill in the amount of $48. for file equip- Selectmen's ment for the Selectmen's Office was approved by File, the Board for Town Office Building Committee. Mr. Custance read a letter received from Mr. Greer at the corner of Concord Avenue and Waltham Street in which Mr. Greer stated that he Further infor- desired to give information in regard to the Mills' mation, Mills case which he did not wish to give at the hearing. Case. He stated that some of the witnesses for Mr. Mills were pantie* who did not believe in the 18th amendment; that he had seen some sad sights of drunkenness coming from the Mills ' property, and that he did not believe Mr. Mills should be allowed a permit. The Soard discussed the application of Charles F. Mills for variation of the Zontrg Law and reviewed the evidence presented, and voted to refuse the petition of Mr. Mills for variation of the Zoning Law. "The reasons for the decision of the Board are that the Board is not convinced by the evidence r presented by the applicant that enforcement of the Zoning Law in this instance would involve practical difficulty or unnecessary hardship or that desirable relief may be granted without substantially derogating from the intent and purpose of the Zoning By-law." The weekly report of the Supt. of Public Works is as follows : For week ending April 20, 1929. Report of Supt. Highway Department. of Public Works. Surface patches made on Revere Street, Mass . Avenge, Concord Ave. , Highland Ave. , Slocum Rd. , Lowell St. , Waltham St. , Reed St. , Oakland St., and Woburn Street. Gutters and streets cleaned in the vicinity of the Common and playgrounds. Gravel applied and surface rolled on water trench in Mass. Ave., and sewer trench in Woburn St. On account of wet weather, the Department was unable to apply surfacing material on any streets. Next week will be occupied with regular maintenance work and the application of tar or oil to street surfaces. Moth Department. Gypsy moth nests in the Town Wood were treated with creosote. Trees were trimmed in the Colonial L J 153 Cemetery and on Massachusetts Avenue. Nest week the Department will be occupied with the work of trimming trees and setting out new trees. Park Department . Regular maintenance work carried on and also preparation for the 19th of April celebration. Next week the Department will attend to regular maintenance. Water Department . Water services have been installed as follows: Greenlay, 19 Hancock Street; Blake, Wadman Circle; Dias, Waltham Street. The 12" main in Massachusetts Avenue has been completed from Elm Avenue to the High School, with the exception of the connections across Massa- chusetts Avenue at Clarke Street, Muzzey Street and Waltham Street, and the setting of two hydrants one opposite Waltham Street and the other at the railroad stat1oirs. At Grant Street the 12" main has been tied in with the 8". The water was turned on April 22, 1929, from the. High School to Grant Street. We have dug up the 4" meter at Westminister Avenue to install the 6" meter. We have started the extension of 220' of 6" Ilfwater pipe in Sunnyknoll Avenue, and the extension of the 6" main in Oakland Avenue from present dead end to Oakland Avenue, for a distance of about 150 ' . Sewer Department. A sewer service has been installed for Greenlay on Hancock Street. Sewer service has been installed for Bond on Somerset Road. This connection has been made with the sewer in Edgewood Road through land owned by Mr. Bond. The excavation and backfilling for this service was done by A. Ross & Son, and the pipe was laid by the Town. Regular routine work - water and sewer services etc. is planned for the week ending May 4, 1929. Engineering Department Sewer Elevations for Sewer Study. Highways. Layout curb at Common. Survey for added study of East St. near Ridge Road. Miscellaneous. Inked in various changes in original 400 scale Town Map. 154 i\D Appointment with State Engineer Sabin for his approval of layout of thru street from Bedford Street to Lowell Street. Very truly yours, William S. Scamman Supt. of Public Works. The meeting adjourned at 11:58 P. H. A true record, Attest: Clerk. * It was also decided to notify Edwin B. Worthen Worthen's to renew Wormen's Compensation and Contractor 's insurance. Liability for the Sewer Department expiring May 1, 1929.