HomeMy WebLinkAbout1929-04-30 15
SELECTMEN'S MEETING - APRIL 30, 1929.
A regular meeting of the Board of Selectmen
was held at the Selectmen's Room, Town Office Building
on April 30, 1929 at 7 :30 P.M. Messrs. Burnham,
Custance, Chamberlain, Blake and Shannon were present .
TheTSupt. of Public Works and the Clerk were also
present.
House bill #1255 relating to sewerage disposal House Bill
for the County Tuberculosis Hospital was reviewed #1255.
by the Board. They could see no objection to the
contents of the bill.
At 8 P.M._ .hearing was declared open on the
application of C. E. MacPhee for approval of plans
for layout of Vaille Avenue and Kimball Road, Vaille Ave.
leading off of Reed Street, North Lexington. Mr. & Kimball Rd.
Carl Vienot and Mr. Cumming were present at the
hearing together with Mr. C. E..MacPhee in favor
of the petition. No persons appeared against the
application.
Written notice had been received frac the
Planning Board that they approved the layout.
The Board there fore signed the plans presented by
Mr. MacPhee.
Mr. Carl Vienot made application that an
article be inserted in the Warrant asking for street Street
lights on the street and also asking that an estimate Lights
of the cost of constructing the street as a public
highway be given to the abutting owners .
Mr. Burnham Informed the Board that he had
been to the Granfield Filling Station on the corner
of Marrett Road and Spring Street and found that
Mr. Granrield had the gasoline tanks installed
contrary to the permit granted to him. He told
him that if he continued work on the installation
of the tanks in this location, that he would do Granfield
so at his own risk inasmuch as he would report permit
the matter to the Board of Selectmen. revoked.
Mr. Burnham stated that he later visited Mr.
Granfieldts premises and found that he had continued
with the installation of the gasoline pumps, and
was already doing business . The Board having granted
Mr. Granfield the permit to locate the tanks in a
dbfinite location in accordance with plans filed by
him, and inasmuch as he did not place the tanks in
accordance with this plan, the Board voted to revoke
the permit granted to him under date of January 22, 1929.
It was also decided to notify the Jenney Mfg. Co.
Mayflower Oil Co. , and the Standard Oil Co., that in
order to avoid confusion in the future that they should
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have their representative view a copy of the
permit granted before installing gasoline tanks.
The following licenses were granted: '
Pool Room License.
Robert J. Marrow 1764 Mass. Avenue
Public Carriage License.
James F. McCarthy 60 Bedford Street
Sunday Sales License.
Licenses.
Charles H. Miller Lincoln St., & Marrett Rd.
Slaughter License.
Amos Holman Hill Avenue
Gustave Bunzel East Street
In regard to the application of William Granfield
for a Common Victualler's License, it was voted to
lay this on the table.
The following report was received from the
Health Inspector in regard to the various pig
applications :
I beg to submit a report of the inspections
of the several piggeries that have applied for
permits up to and including April 29, 1929
Ryders Stock Farm Inc. , Maple Street.
I have been informed that the Board voted to
grant them a permit to keep pigs at the rear of
40 Maple Street. On inspection made April 30, 1929
I find that there are several swampy and boggy
places that should be eliminated.
The brood house is in a very good condition
except for whitewashing and this should be done.
Report of There is considerable refuse being dumped in
Health field at the rear of the piggery which is not
Inspector. covered and the odors coming from it are very strong.
These piles are similar to the ones dumped upon the
old pageant grounds. There is considerable refuse
and manure around the platforms ; some of this is
due to the weather. conditions.
I would recommend that your vote be rescinded
and that the application be laid on the table until
the above violations have been taken care of and
the application approved by me.
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Ernest E. Ballard, Wood Street.
The condition of the premises of Mr. Ballard
is very good. The piggery under the barn is
whitewashed and in good condition.
The large brood house is two-thirds white-
washed and will be finished today. The yard and
platform is not in as good condition as it might be,
but the wet condition is due to the weather.
Inspection made April 29, 1929: I recommend
that a permit be granted to Mr. Ballard.
Herbert Wellington, Massachusetts Avenue
Mr. Wellington's piggery is in the best condition
that I have found it in for several years .
The brood house is in very good condition and
whitewashed and the yards and two platforms are
cleaned. There were no compost heaps, the manure
is being hauled out onto the field and not stored
in the piggery.
Inspection made April 29, 1929 : I Recommend
that a permit be granted to Herbert Wellington.
John Sullivan, Massachusetts Avenue
I find that Mr. Sullivan's piggery is in good
condition, the brood house whitewashed, the pens
IIcleaned, the platforms are in fair condition and the
yards were also clean. A small amount of garbage is
stored over night inside of the brood house.
Inspection made April 29, 1929: I recommend
that a permit be granted to Mr. Sullivans
W. G. Potter, Walnut Street
I rind that Mr. Potter's piggery is not in the best
of condition.
The brood house was clean, pens were clean and
the brood house was whitewashed. A small compost
heap at the rear of the brood house was uncovered.
Several of the yards were dirty and there is an
accumulation of refuse around the platforms.
I told Mr. Potter that the compost pile would
have to be removed or covered and the yards cleaned.
This he agreed to do.
Inspection made April 29, 1929: I recommend
that his application for a permit be laid on the
table until approved by me.
John Shea, Bow Street
Mr. Shea's piery consists of a brood house.
The yards, etc. are located in Waltham.
The brood house is in very good condition and is
whitewashed. A large pile of manure and waste
material from the house exists at the rear of the
house . This is not covered but is unoffensive on
account of the amount of straw that is used in the
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brood house for bedding.
The State has purchased Mr. Shears farm
and he will be required to move on or before
October 1, 1929.
Inspection made April 29, 1929: I
recommend that a permit be granted to Mr. Shea.
James F. Moran, Pleasant Street
Mr. Moran 's piggery is in fair condition. The
yards at present are quite wet which is probably
due to the wet weather. The platforms are well
above the ground and dry m,t erneath, but there is
some muck and refuse around the outside.
1 The brood house is in very good condition.
The pigs are fed in individual pens which are
removed after feeding. This keeps the pens in
an excellent condition.
Inspection made April 29, 1929 : I recommend
that a permit be granted to Mr. Moran.
Carl Hauck, Harbell Street
I find the premises of Mr. Hauck in good
condition. Inspection made April 29, 1929: I
see no reason why a permit should not be granted
to him to keep three goats.
Bartholomew Connors, 2318 Mass . Avenue
Mr. Connors ' time to dispose of his pigs
expired April 1st. , at that tine he had disposed
of all of his pigs except a few young ones, which,
due to their age and the weather conditions at that
time, it seemed advisable for me to overlook this
violation.
I was informed by Mr. Connors that all of
the pigs would be removed from the premises br
tonight.
The small pigs referred to were kept in the
house and at that tine their piggery at Lincoln
was not near enough to completion to house them.
Mr. Connors has been very agreeable in this
matter, and I am sure that he will keep his word.
On May 7, 1929, I will submit a report of
the piggeries that applied for a permit on April 30,
1929 and also a report of all piggeries that are
operating without a permit or fail to apply for one.
April 30, 1929 Russell I. Prentiss
Health Inspector.
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The Board therefore voted to grant the
following pig permits:
Ernest K. Ballard Wood Street 150 Swine
Carl Hauck Harbell Street 3 goats
James F. Moran Pleasant Street 300 swine
John Shea Bow St. ,Waltham 150 "
John Sullivan Mass. Avenue 75 "
Herbert L.Ig13iugton Opposite School St. 100 "
and to withhold the granting of a permit to Ryders
Stock Farm Inc. to keep pigs at 40 Maple Street as
previously voted on April 23, 1929 .
After further consideration of the evidence
etbmitted at the hearing on April 17 on the Ryder
piggery, Waltham Street, the Board of Selectmen ,
acting as a Board of Health, decided that the
exercise of the trade or employment of keeping
swine by the Ryders Stock Farm Incorporated and
Charles W. Ryder at 117 Waltham Street is attended
by noismome and injurious odor.s., and it is a nuisance
and harmful to_ the inhabitants of the town, and
it was therefore voted to adopta formal order, a
copy of which is to be servedupon t4.e Ryders Stock
Farm Incorporated 'or Charles W. Ryder by a constable.
The order is as follows:
April 30, 1929.
ORDER OF PROHIBITION
The Board of Selectmen of Lexington, acting as
a Board of Health, under section 143, Chapter 111,
of the General Laws and of every other power them
thereto enabling, hereby prohibit the exercise of
the trade or employment of keeping swine upon the
premises of the Ryders Stock Farm Inc. and Charles
W. Ryder on Waltham Street, Lexington, Mass.
In accordance with Sectipi. 147 of said Chapter
whoever is aggrieved by this order is entitled within
three da rs after the service of the order upon him
to give written notice of appeal to the Board, and
file a petition for a Jury in the Superior Court of
Middlesex County.
In accordance with the provisions of Section 148
of said Chapter, if the said Ryders Stock Farm Inc.
and Charles W. Ryder shall appeal from this order in
accordance with the provisions of Section 147 the
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exercise of such trade or employment is hereby 27
specially authoeized by the Board while such
proceedings are pending.
Albert H. Burnham
Francis Chamberlain
Theodore A. Custance
Clarence Shannon
Hallie C. Blake
Board of Selectmen.
Letter was received from the Health Inspector
in regard to the complaint of B. W. Melanson, Mellen
Road, relative to pigs kept by one Callahan on Winter
Street. Mr. Prentiss reported that Mr. Callahan had
done away with all of his pigs wxeept two and inas-
Complaint, B. much as these two pigs had bred 26 little ones, of
W. Melanson. which 11 lived, and which had already been sold,
to be moved away as soon as possible, he did not see
but that Mr. Callahan was within his rights under
the pig-regulation.
Mr. Prentiss replied to the complaint to the
Board to Mr. B. W. Melanson.
Letter was received from the Health Inspector
in regard to cesspool of Dr. F. K. Stankard. The
Inspector stated that he had ordered Dr. Stankard
to clean out his cesspool several times which had
been done, but the nature of the soil was sue* that
it would not take care of the overflow and suggested
that a sewer be placed in Belfry Terrace.
Letter was received from the Supt. of Public
Sewer, Belfry Works in which he also made suggestion of putting
Terrace. a sewer in Belfby Terrace. The Supt . of Public Works
was therefore requested to get in communication with
the abutting owners on Belfry Terrace to find out if
they were willing to have the sewer placed in the
street.
Letter was eeceived from the Supt. of Public
Works giving estimate of cost of laying 120 feet of
sewer as $840 and for the entire 280 feet as $1640.
Plan of the marquee proposed to be erected over
Viano marquee. the Lexington Theatre by William Viano was presented
to the Board.
Discussion arose as to whether or not action
should be taken upon this application previous to
acceptance of regulations regarding overhanging signs.
The Board also discussed whether or not they
should incorporate in the regulation the provision
for protection of the Town and the parties obtaining
the insurance for ten and twenty limits, and it
was agreed that this be made a part of the regulations
It was agreed that the regulations should be
revised in accordance with suggestions made by the
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Town Counsel and then submitted to him with the
incorporation of the proviso for insurance instead
of the bond.
It was then agreed that if the regulations
were presented to the Board in proper form that Regulatioins,
they be resubmitted to the Board of Trade. It Overhangng
was suggested, however, that it might be better to Sgns.
have a public hearing before adopting the regulations
to get the opinion of various persons. However, this
phase of the situation was not decided.
Mr. Benjamin Groot of Vine Brook Road and
Harry A. Burgess, Contractor, came before the Board
to ask the Board 's cooperation in draining the section
of Vine Brook Road. Mr. Groot stated that he had 18"
of water in his cellar at one time and that he now had
9" in his cellar. Hie cellar was not tiled ins ide,
neither was it waterproof.
He stated that he desired to have the cooperation
of the Board, and he would be willing to pay for the
labor o f putting in the pipe and catch basins if the
Town would pay the expense of furnishing the 8" pipe DrainFige,
and catch basin covers to carry the water a distance Vine Brook
of 3.80 feet to the brook. Road .
Estimated cost of doing the work as made by
Mr. Burgess was $250 of which $150 was for labor.
The Board was informed by the Supt. of Publiq
Works that there was no drainage in the street an1
he felt that this would help the situation sanewhat
but that the catch basins should be built deep enough.
It was agreed that the catch basins should be
built in accordance with the regulations of the Town .
The Board, after discussing the matter, decided that
they would cooperate with Mr. Groot and furnish the
material.
At 8:30 P.M.- hearing was declared open on
the application of Meyer Rubin and Harry Seligman
for service station and gasoline pumps to be located
at the rear of building at 1709 - 1713 Massachusetts
Avenue.
Mr. Rubin and Mr. Seligman appeared for the
application as did also J. D. Douglass .
Mr. Seligman stated that they owned the lanri
and it was in the bus ine s s sone; they felt tha t it
would be used for the business stated in their petition
and they did not beli eve it could affect anyone as
there were no residences to be damaged or injured.
He presented sketch of the location of the building
on the lot.
Mr. Rubin stated that he felt that a service
station of this kind would induce the people to turn
in off Massachusetts Avenue, thereby relieving the
parking on the Avenue.
Mr. H. C. Perkins of the office of Johnson, Clapp ,
Ives & Knight, representing the E.E.I. Co. appeared
and stated that the Edison Company owns the driveway
entering to the proposed service station, and it is
the only means of entrance.
The petitioners have the right ID pass
through the dihiveway, but the Company felt that
they were .obliged to oppose the location as the
parking by the service station would be a menace
to a driveway only 28 feet in width. He stated
that there were two driveways entering to the
Edison Co. , one on Grant Street which was about 7
feet above the street level, and the other one where
the service station was applied for was the mast
convenient one for us.
He stated that he felt the Edison Company should
be tntitled to some consideration owing to the fact
that emergencies arise when the drives should be
open for the large trucks to go in. He stated that
in any garage there is a certain amount of parking
in front of it which, he felt, would be detrimental
to this driveway.
Mr. Perkins stated also that the Edison Company
owned the land back to the Railroad, a distance of
approximately 150 feet and that they believed the future
development of the Town would demand an increase in
Rubin & the size of the building.
Seligman He also stated that the use of gasoline in con-
Service nection with this service station would be a menace
Station. to the power plant, inasmuch as they do not go together
very well . He mentioned the explosion on Summer
Street, Boston, which was they felt, although the
definite cause has not been stated, probably due to
sewer gas which is caused by oil and gasoline gases.
He stated that as a rule an Edison power plant
is not located near a gasoline station if it can
possibly be helped.
He stated that the Edison Company carried
insurance on the building but he did not know whether
or not the rates would be increased on account of a
second class building near the property.
Eugene J. Viano also opposed the application,
corroborating the statements of Mr. Perkins. He
stated that there was a great deal of land in
Lexington mych more suitable for a place of this
kind, and that he operated the garage across the
street, namely the Colonial Garage which was a
first class construction. He felt that this
building being a second class building, would be located
in a dangerous position where it was proposed to be
placed.
Mr. Seligman stated that he wished to correct
the statement of Mr. Perkins that the driveway was 28
feet in width. He stated that it was 40 feet in width
and that the agreement with the Edison Company which
they made with them states that the title of the property
be in the name of the Edison Company, but the agreement
• was made for both parties to use the land.
Mr. Rubin stated that iib could prove that the
Edison Company put up a large power plant on Humbolt
Avenue located directly along side of a large garage and
that the Edison Company fought the City of Boston Zoning
Law in order to locate this building at that place.
He felt that this was definite proof that the Edison
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Company did not feel that a garage was a fire hazard.
He stated that an apartment house could not be put
on this land and it could not be used for liw'A: e
urposes inasmuch as it is in the business section
I under the Zoning Law, they should be allowed to use
it for some such purpose.
Mr. Seligman stated that the deal under which
he held the deed in escrow was all done away with.
He stated. that Mr. Douglass would look after the
operation of the building if the permit were granted.
He stated also that he had given the use of all
rear land to his tenants for parking purposes . He
did not state any amount of land woald be sold with
this service station whin it is sold.
Mr. Douglass stated that he did not feel that this
building would be a parking menace inasmuch as the front
of the building was all doors that had to be open for
the cars to drive into the building. He also stated
that no cars would be kept in the building over nighty
and that the only gasoline used would be that which
was used in the ears. The gasoline pumps would be placed
where they could give service to the customers .
Mr. Osborne of the E. E. I. Co. also made a few
remarks against the petition.
Mr. Seligman stated that in placing the building
near to the driveway, it would cut off the parking in
the driveway and that persons desiring service would
perk°±n the rear of the building.
The Board took the matter under consideration
and laid it on the table for one week .
It was voted to grant the East Lexington Catholic Catholic
Association. permission to use the Cary Memorial Hall on Assoc. use
May 10, 1929 at 8 P.M. at the charity rates. of Cary Hall
It was voted to authorize the Treasurer to borteow
money for water construction, the same to be borrowed Borrow
for the term of 15 years. It was decided to issue bondsMoney,
but upon advice of the Town Accountant, it was decided Water Con. 1
to issue notes inasmuch as the coat would be less .
Edward W. Taylor, Chief of the Fire Dept.
came before the Board and looked over the specifications
for fire alarm equipment with the Board . It was
decided to request the Gamewell Company, L. W. Bills Bids, Fire
and R. W. LeBaron Company to present bids for the work Alarm
on the fire alarm system, the bids to be received by Apparatus.
May 7, 1929 at 8 P.M.
It was decided to request the Lexington Tire
and Battery Service and the Ross Tire and Battery
to bid upon automobile tires end the hose; the other
Companies to bid upon the other items. '
The Chief presented list of equipment to be
requested of the various Companies bidding on the
Fire Apparatus.
He also presented the plans showing the layout of
the fire alarm system as intended, giving the location
of the boxes to be placed.
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The Supt. of Public Works presented a latter �.
giving information as to the cost of reconstruction
on Massachusetts Avenue. Mr. Custance stated that
Mass. Ave. he had obtained better figures than the Supt. on
Construction these items. Mr. Custance was therefore requested
to take up the matter with Mr. Seammen so that the
lowest bids obtainable could be worked out for this
construction.
Mr. Blake presented bid from Jesse S. Ferry
Bid for boltingof Lake Street for $30. for bolting a large tree on
Tree. Hancock Street. The Supt. of Public Works was
requested to see that this matter was taken care of.
Application was received from H. S. Moody for
a "for sale" sign on Concord Avenue to advertise
the property.
H. S. Moody's Under the new Zoning Law, a permit for a sign
sign. 6' x 8' was allowed. The Board therefore voted to
grant Mr. Moody permission to erect the sign 61 x 81
on the pr emi s es .
Letter was received from the Board of Assessors
in which they stated that they had increased Miss
Readyts pay $1.00 per week above the amount allomd.
Increase in by the appropriation committee under the appropriation.
salary. Letter was received from the Town Counsel in
which he stated that the heads of Departments had
the right to fix the salary of their employees
provided in doing so, they did not exceed the
appropriation.. This information was therefore
conveyed to the Board of Assessors .
Commitment . Commitment for water rates of $2491,83 was
signed by the Board.
Letter was received from the Supt . of Public Works
stating that a 12" pipe. would have to be laid from
12" pipe laid the catch basin in front of. Converse Hill 's house on
in Mass. Avenue. Massachusetts Avenue to just below Stwith n Road, a
distance of about 125 feet and then allowed to empty
into the brook, to do away with the condition that
exists at the entrance of Stratham Road.
Petitions were received from property owners
in the vicinity of Waltham Street complaining of the
Vine Brook. high water in Vine Brook and the condition along the
Brook, stating that it should be clean.ed..out.
The petition was acknowledged and the Supt. of
Public Works requested to look into the matter and
advise the Board as to the cost of doing the work
necessary.
Garbage commitment in the amount of $123.05 was
Garbage commit- signed by the Board. II
meat,
Revised Board of Survey Regulations were presented
Board of Survey by the Supt. of Public Works for the approval of the
Regulations . Board..
165
Letter was received from U. S. Veterans '
Hospital at Bedford inviting the Board to attend. Hospital Day.
Hospital Day, Sunday, May 12, 1929 .
IMr. Chamberlain stated that he received a
request from
llMrs. Webster of the Field & Garden
Cb S `= is egnd c, "a$.° •` " . ` .
t e` �* a uc..�-n Tavern grow .s ./ a o'r. was Hemlock Tree
glad to receive this offer, inasmuch as the tree Buckman Tavern.
was well worth saving.
The cost of moving the tree would be borne
by the Field & Garden Club.
It was reported that the ash tree on the Aeh-Tree On
Common should be removed. Common.
Mr. Allen Chamberlain viewed the tree with
Mr. Custance and advised that this be done.
Application for Board of Survey approval
of streets on the Golden Guernsey Farm was Board of Suriey
received by the Board, and it was voted to turn appro vale st ree*.
the matter over to the Planning Board.
Letter was received from the Planning
Board in regard to building the swimming pool
and asked that the plans be submitted to the
Planning Board for study and examination as to
the further development of the area, before any Swimming Pool.
expense is incurred on plans finally agreed upon.
Dr. Shannon stated that he expectedthat
plans for the swimming pool would be presented
to him by next Tuesday evening by William Roger
Greeley.
Letter was also received from F. L. Emery
stating that he was informed that the property Sale of Ryder
• awned by Mr. Ryder along the Colonial Garage had property.
been sold to Mr. Viano, and asked for engineering
services so that this project could be completed.
Letter was also received from Mr. Emery in
which he stated that he felt that the application
from Mrs. E. R. Rowland of Lowell Street that came Gasoline tank,
to the Planning Board was a matter that Should be Mrs. Rowland .
decided by the Board of Appeals. Application called
for a gasoline tank in connection with the stere
run by Mrs . Rowland. The Board did not feel that
the addition of the gasoline pump to a stbre was
entirely necessary.
The following is the weekly report of the
Supt. of Public Works .
For week ending April 27, 1929 .
Highway Department. Report of Supt.
of Public Works.
Surface patches made on Lowell Street, Parker
Street, Somerset Road, Massachusetts Avenue, MR-
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lington and Muzzey Streets.
Applications of surfacing material with co'(t
of pea stone rolled in were made on Glen Road,
Hancock Avenue, Meriam Street, Hayes Avenue ,
Oakland Street and Parker Street.
North Hancock Street cleaned and Burlington
Street scraped and rolled. Next week the Department
will be occupied with the regular maintenance work,
cleaning streets, dressing and rolling.
Moth & Shade Tree Departments .
Three large trees were removed from Westview
Street near the cemetery and several trees on
Belfry Hill were removed.
Next week the department will be occupied with
regular work of trimming trees and setting out trees.
Park Department.
The work performed by this department consisted
of regular maintenance and the same work will occupy
the department next week.
Water Maintenance.
Water services have been installed for the
following persons: Black, York Street, Black,
Slocum Road, Hatfield,_ Kendall Road, water renewal
fbr^Dr. Blakely on Bedford St. Installed the 6"
meter at Westthinister Ave. Extended forty feet of
four inch pipe on Stetson Street.
Water Construction.
Completed the extension of approximately two
hundred feet of six inch pipe in Sunnoll Avenue.
Tied in the 12" main in Massachusetts Avenue with
the maiuin Woburn Street. Laid ten feet of pipe
across Massachusetts Avenue to tie in main in Clarke
Street with main in Massachusetts Avenue. Worked on
drilling the blasting of ledge in trench in Oakland
Avenue.
Brooks.
Three men have been cleaning out brooks .
Sewer Maintenance.
Installed a sewer service for Walter Black
on Slocum Road . Built one manhole in Hunt Road.
The work contemplated for the week iendinge.
May 11th is as follows: connections across Massa-
chusetts Avenue at Clarke. Street and Waltham Street,
water services and sewer services .
Engineering Dept.
Highways.
Laying out curb at Common required the services
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of three men for three days.
Line stakes for Buckman Tavern curb were set.
Miscellaneous.
Work on cloth tracing for an up-to-date Town
Map of Scale 400.
Made working plan for committee studying
possible new school house sites in the vicinity
of Fair Oaks.
Re-vamped East Street layout from Bailey's
house to Lowell Street.
Very truly yours„
William S. Scamman
Supt. of Public Works.
The meeting adjourned at 12 :10 A.M.
A true record, Attest :
Clerk.
Special Meeting, May 3, 1929, see page 179.
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