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HomeMy WebLinkAbout1929-08-06 314 ND SELFCTMEN 'S MEETING - AUGUST 6, 1929. The regular meeting of the Board of Selectmen was held at the Selectmen 's Room, Town Office Building, August 6, 1929 at 7 :30 P.M. Messrs. Burnham, Custance, Chamberlain, Blake and Shannon were present. The Clerk and the 'Supt. of Public Works were present also. Town Counsel , S. R. Wrightington, came before the Board at 7:30 P.M. to discuss the letter received from Director Hines of the Veterans ' Bureau, Washington, Veterans ' in which the Government stated that they were now Bureau. ready to proceed with the proposition of having the Town of Lexington lay a water main to the Veterans ' Hospital in Bedford. He had a letter prepared to be sent to Director Hines in reply to his letter, informing him that the Town was ready to proceed with the Town Meeting to be held in the very near future provided they send someone in authority to Lexington so that the cofitract could be drawn up and signed previous to Town Meeting. The Board approved of the letter drawn up by the Town Course e1 being sent to the Veterans ' Bureau. The Board discussed with the Town Counsel the status of the Stuart-Marshall Realty Co. agreement. It was felt that something more definite should be done about this proposition, inasmuch as it will involve the action on the part of the Town to allow this tenement house building to be built by petitioning the Legislature to revoke the Tenement House Act. Mr. Wrightington cautioned the Board against Stuart-Marshall revoking the Tenement House Act unless some action Agreement was going to be taken immediately by the Stuart-Marshall Realty Company, inasmuch as the Town would not be protected in the meantime unless some special action was taken by the Town in amending the Building Law to include the Tenement House Act. The Town Counsel also questioned whether or not this would be sufficient protection. It was finally decided that nothing could be done about the matter until Mr. Ballard returns , but the Town Counsel was requested to draw up a letter to Mr. Ballard so that he will have in mind that the Board desires to have some action taken promptly upon his return from his vacation, Inasmuch as it is intended that the Town Meeting will be held in September, and if the Board desired to get authorization from the Town to petition the Legislature relative to the Tenement House Act, they should secure authority at this Town Meeting. Bids were received from the following on the temporary loan of $150,000, notes to be dated August 6, 1929 and payable Apfil 8, 1930 at the Atlantic 315 National Bank of Boston: Solomon Bros . & Hutzler 5.08% Loans . Bank of Commerce & Trust Co. 5.05% II First National Bank of Boston 5.04% discount Lexington Trust Company 5.08 discount Faxon Gade & Co. Inc. 4.981 discount The bid was awarded to Faxon Gade & Co. Inc. Notice having been inserted in the Lexington Times-Minute Man of the Board of Survey hearing to be held this evening on the application of Robert Innis & L. Innis & Dougal McLennan for approval of plans McLennan of layout of Marrett Gardens located on School hearing. Street, hearing was called. Mr. Innb having sent work that owing to difficulties , it was impossible to present his plans at the }aeeting this evening, the Board voted to adjourn the hearing to August 20 at 8:00 P.M. At 8:30 P.M. hearing was declared open on the application of Helen E. Brennan, Oakland Street , for Brennan permission to erect a two car garage ontb.Wm premises. garage. . Mr. & Mrs. Joseph F. Brennan appeared at the meeting 1 and presented the plan of the location of the building on the lot. No persons appeared to object, and it was therefore voted to grant the permit. IIMr. Custance agreed to communicate with the purchasers of the Glass property relative to the Glass taking of land to the entrance of the Parker Field. property, This is to be looked into previous to making the layout of the Highway. The following bills were approved for services Town Counsel 's of the Town Counsel: bills Settlement of claimEst. of Ella Louise Lawrence *75. 00 Trip to Washington in connection with laying water main. to Veterans ' Hospital 155. 90 The decree of the County Commissioners on Waltham the layout of Waltham Street was received by the Board. Street. In regard to the letter of Arthur H. Earle regarding damages to the broken spring of his ear, the Board decided to inform him that they do not Bill of feel that there was any hole in the Highway at A.H. Earle the place indicated by him on Massachusetts Avenue near the Catholic Church that would cause anyone to break a spring travelling at a reasonable rate of speed. IIIn regard to the bill of John H. Dacey in the amount of $8.00 for spring broken in front of the Baptist Church, the Supt. of Public Works reported 316 T that there was a hole in the street upon which a spring could be broken; the hole was caused by the trench made by the Sewer Department for a sewer connection. The Board voted to approve this bill . The plan showing the study made by the Teen Plan of Water Engineer on the layout of water mains in re- Mains. inforcement of the system was presented. The Board decided to request the Engineer to study the matter further and present a more complete study. Special Police Commission was signed for Special Arthur Forsythe, inasmuch as the Town hired him to Police. act as director of traffic and watchman on the ill Waltham Street construction job. Mr. Custance reported that he had visited the concrete block plant of A. A. Burgess and stated that he could not see that the plant in operation, made any more noise than some of the trucks that go by the premises. He stated, however, that Burgess block Mr. Burgess would be willing to do anything within plant. reason to insulate the crusher so that there would be less noise. It was decided, therefore, to notify Mr. Modoono that the Board has asked Mr. Burgess to cooperate by doing what he can to reduce the noise. Letter was received from the Building .Inspector in which he stated that Mr. P. Morretti has violated Morretti the Zoning Law by letting two families occupy his violating house located in a single family district. Zoning Law. The Board decided to request the Building Inspector to enforce the Zoning Law by requesting Mr. Morretti to abide by it . Letter was received from the Supt. of Public Works in which he stated that the Chief of the Fire Department called his attention to the slates Slate roof, falling off the roof of the Center Engine house and Center Engine that something should be done to remedy the condition. House. He recommended that the slate roof be removed and be replaced by a lighter covering of fire resisting material. Mr. Custance agreed to look at the roof to see what he felt should be done. The following commitments were signed: Commitment Sewer commitment $840.73 Water " 1240.61 The following abatement was signed Abatement Sewer abatement 07.68 317 Permit was received frons the State Department of Public Works for the erection of a traffic Traffic control signal at the corner of Marrett Road and Signal Waltham Street. Mr. Scanmian presented an additional bid received from J. Cheever Carley for bumper fence along Hastings Park on Massachusetts Avenue. This bid was $381.63 and it being the lowest bid yet made, it was voted to accept the bid Bumper fence. authorizing the installation of the bumper fence on one side of the Avaaue, namely Hastings Park side. The Supt. also agreed to fix the fence up on the other side where it is broken. It was voted to accept the bid of the Security Fence Co. for $297. for 4 wrought iron fence to be erected around the Belfry. Fence bids . It was also voted to accept the bid of $598.10 of J. Ch.eever Carley for a fence to be erected around the swimming pool. The Supt. of Public Works was authorized to place the orders for the fence. It was voted to adopt the following Regulations relative to advertising signs ; RULES AND REGULATIONS RELATING TO SIGNS, Overhanging Sign ADVERTISING DEVICES, CLOCKS, MARQUEES, Regulations. PEL?MANENT AWNINGS AND OTHER LIKE STRUCTURES PROJECTING INTO OR PLACED ON OR OVER PUBLIC WAYS, MADE AND ADOPTED BY THE BOARD OF SELECT* MEN OF THE TOWN OF LEXINGTON, MASSACHUSETTS, 1929. 1. No person, firm, association or corporation shall place or maintain any sign, advertising device, clock, marquees permanent awning or other like structure projecting into or placed on or over a public way in said Lexington, without a permit therefor from the Board of Selectmen. 2. No such sign, advertising device, clock, marquee, permanent awning or other like structure shall extend over a sidewalk of any such public way beyond a point one foot inside of the curb or outer edge of the sidewalk. 3. No such sign, advertising device or other like structure shall project into a public way more than two feet unless illuminated, and no such illuminated sign, ad- vertising device or other like structure shall project into a public way more than five feet, except by special permission of said Board. No clock attached to a building shall project into a bublic way more than five feet. 318 4. No such sign, advertising device, clock, marquee, permanent awning or other like structure shall project- into a'-public way unless the same relates to some occupation or use of, or some business , profession, entertainment, exhibition or amusement carried on or held upon the premises to which it is attached or the preniseg whieh it directly adjoins. 5. Every such sign, advertising device, clock, marquee, permanent awning or other like structure shall be firmly constructed, steadfast and free from oscillation; shall be constructed, and, when attached to a building, shall be connected therewith in accordance with the requirements of the Inspector of Buildings in said town; shall have the lowest edge and part thereof at least nine feet above the grade of the sidewalk or way immediately beneath it ; shall be without posts or supports placed in or on the sidewalk or way; and shall be kept in good repair and safe condition to the satisfaction of said Board. Every such marquee shall be made of metal of sufficient strength to withstand the weight of material placed thereon or likely to fall thereon, and shall be provided with gutters and spouts of sufficient size drained toward the building to prevent the dripping or flowing of water to the sidewalk. 6. Temporary or permanent signs for benevolent, charitable, religious, educational, entertainment or political purposes attached to buildi„gs, and signs, indicating places of historical interest, projecting into a public way, shall have the lowest part thereof at I least nine feet above the grade of the sidewalk or way immediately beneath it and shall not project into the way in any case more than two feet, except by special permission of said Board. 7. Temporary canopies with side curtains but with an opeining for pedestrians may be placed and maintained from buildings to the inner line of the curb for use during rain or snow storms and during festivites and socials or other functions at churches, halls and private residences. The cover of such canopy shall have the lowest part thereof at least eight feet above the grade of the sidewalk or way immediately beneath it and shall be erected on properly constructed and securely fastened frames, and such canopies and frames shall be removed within two hours after the storm has cleared or the social or other function has ended. Before erecting a canopy under this section, a permit shall be obtained from the Suptrtntendent of Public Works. 8. Any person, firm, association or corporation desiring a permit under these regulations except under Section 7 thereof shall make application therefor 319 in writing to the said Board. Such application shall specify the dimensions of the proposed structure, its 1 proposed location and manner of construction and attach- ment to any building or suspension therefrom, the distance it will project into the way and its clearance above the grade of the way or sidewalk immediately beneath it, and if requested shall be accompanied by a detailed plan thereof. On such application a hearing shall be given by the Board of Selectmen after due notice in accordance with Article V11, section 14 of the Town Building By-law. 9. Every such applicant who receives such permit shall, in consideration of the granting of such permit, be held to have agreed with the said Town to indemnify and save harmless the said Town and said Board from all claims, loss , damage and expense in any way sufferdd by it or them by reason of or in any way relating to the structure mentioned in such permit. 10. Every such applicant shall deposit with said Board simultaneously with the receipt of any such permit an insurance poilcy insuring the applicant, the Town, its Boards, officers, agents and employees, against liability for personal injury in the amount of *10,000 for each individual and a maximum of *20,000 for any one accident and against liability for property damage in the amount of *5000 and agreeing to defend. the Town, its Boards, officers, agents and employees, against all claims , loss , damage and expense including counsel fees, in any way relating to or connected with such permit or the structures therein mentioned in form satisfactory to the Selectmen. 11. Every such applicant shall, in consideration of the granting of such permit be held to have agreed with the said Town and Board that neither the issuing of such permit nor the depositing of such bond shall in any way diminish any liability of the applicant, legal or otherwise, to the said Town or to any other party. 12. Every such permit shallbe for a term of nct more than one year; shall expire on the first day of April next following the granting thereof; and may be revoked at any time for any violation of any of the provisions of these rules and regulations . Within thirty days after the expiration of the term of any such permit the holder thereof shall obtain a renewal thereof or remove the structure therein mentioned. The Board may grant such renewal without the filing of additional specifications or plans, provided the applicant for such renewal certifies to the Board that there has been no change in the conditions under which the permit was first grante d. 13. The fee for every such permit other than for the structures mentioned in section 7, and for every renewal thereof shall be one dollar and shall be paid 320 EN' before the permit is issued or the renewal is granted. Z5 14. These rules and regulations shall go into effect on the first day of September, 1929, and within thirty days thereafter all signs, advertising devices, clocks, marquees, permanent awnings and other like structures projecting into or placed on or over a public way in this Town not in conformity with these rules and regulations shall be removed by the owner, lessee or occupant of the building or premises in front of which they are placed. 15. The penalty for a breach of any of these rules and regulations shall be five (5) dollars for each day during which any such structure is placed or maintained contrary to these rules and regulations, after five day's notice to remove the same has been given by the said Board, or by a police officer of the Town. 16. These rules and regulations shall not apply to signs or other structures projecting into or over a way a distance of less than six inches , nor to poles, wires, donduits, and appurtenances or railroad, railway, telegraph and telephone, water, gas , electric light, heat and power companies. 17. Wherever used in these rules and regulations the word "Marquee" shall be held to have the following meaning: Canopy projecting from a building over an exterior entrance thereto for the purpose of sheltering a portion of the sidewalk. 18. These rules and regulations may be altered, amended or repealed at any time after a hearing thereon, notice of which hearing has been published at least once in a newspaper published in said Town. 19. The invalidity of any section, sentence or clause of these rules and regulations shall not affect the validity of any other portion thereof. Albert H. Burnham Clarence Shannon SELECTMEN Theodore A. Custance OF August 6, 1929 Hallie C. Blake LEXINGTONI. Francis Chamberlain Letter was received from the American American LaFrance Fire Engine Co. accepting the order for LaFrance Co . the 150 gallon pumper of the new type as ordered by the Supt. of Public Works with the additional equipment. ' 321 The Board signed the contract between Contract for the Town and the State for the construction of Waltham Street Waltham Street from Massachusetts Avenue to Construction. Marrett Road. Mr. Custance read a letter from Metcalf & Eddy in which they set forth their point of Re-inforcing view in regard to the re-inforcing of the water water mains. mains, both on the main to the Bedford Hospital and on the main in the direction of the Middlesex County Hospital. It was decided to request the Planning Board to inform this Board whether or not they believe Almshouse that any part of the Town Almshouse property property. should be reserved for future School House development. The Board authorized the extension of Simonds Rd. approximately fifty feet of 6" water pipe in Simonds water main. Road from Burlington Street. The weekly report of the Supt. of Public Works is as follows : For the week ending July 27, 1929. Highway Department . Construction of Massachusetts Avenue and Report of Sunt. Bedford Street has been completed to the south of Public Works. entrance to the Railroad station. Construction of Waltham Street has been started. Surface patching in Lowell Street and in Blossom and Allen Streets. Warning signs have been placed at the approach f to the principal Railroad grade crossings . Brush was cut on Wood Street. Next week, the Department will be occupied with road construction and regular maintenance work. Moth & Shade Tree Department. Two dead trees were removed and trees trimnrd in Lowell Street. Trees on Meriam Street were trimmed and trees on Wood Street and Mass . Ave., damaged by the storm, were cared for. The Department will be occupied with work of primming trees and removing brush next week. Park Department. Regular maintenance work was taken care of during the past week. The construction of the saviimnnigg pool is coming along in good shape. A large quantity of filling is being obtained from 322 the Waltham Street construction job, without ,= cost to the Park Department . T Next week the department will be occupied with the regular maintenance. Water Maintenance. Water services have been installed for the following persons Lima, Waltham Street; Connor, Kendall Road; Thayer, Lincoln Street; Erickson, Winter Street; MacFawn, Marrett Road. Two men have been greasing and repairing hydrants, and two men have been tieing in shut-offs. Water Construction. We have laid approximately 200 ' of 6" water pipe in Shade Street. This extension is now complete. We have laid approximately 150 ' of 6" water pipe in Smith Avenue, and approximately 125' of 6" water pipe in Robbins Road. One hydrant was installed on Smith Avenue. We have laid a 2" steel pipe from Laconia Street to Spencer property on Lowell Street. Sewer Construction. We have laid approximately 150' of 8" sewer pipe in Smith Avenue, and 125' in Robbins Road. One manhole has been built in Robbins Road. Drains . Six men have been working on the drain at the swimming pool. The work contemplated for the week ending August 17, is as follows: Banks Avenue water main extension, Baker Avenue water main extension, water and sewer services. Engineering Dept. Water. Worked on 800 scale map showing locations of water mains, sizes designated by colors. Sewer. Located y's at Smith Avenue . Continued work on sewer study of Lexington. In regard to same, spent entire Thursday with Mr. Raymond of Metcalf & Eddy. >23 Sidewalks Completed measurements of granolithic work by Simpson Brothers in addition to two other parcels which were constructed by other contractors . Highways. Survey and measurements at junction of Follen Road and Massachusetts Avenue for additional curbing, Line for property owner on Grant Street. Relocation of Massachusetts Avenue curbing. Lines and grades for extensions of curbing at Waltham Street and Marrett Road. Completed plan of Lincoln Street from Marrett Road to Middle Street and staked out lines. Figured individual takings included in 100 ft. highway from Massachusetts Avenue to Vine Brook Road. Line and grade for catch basin on Spencer Street. Relocation of curbing at Vine Brook Road and Waltham Street. Survey at Hayes Avenue and Hancock Street for taking. Westview Cemetery. Staked out full width roadway to complete circuit of most southerly lobe. Miscellaneous. Line for Bow Street culvert. Completed tracing of carbarn property for blue line prints. Survey for street numbers on Marrett Road. Assistant° to Engineer Barnes, who with A.A. Shurtleff, has charge of the Ryder development in the South Branch Section of Vine Brook. Assistant S. A.Higgins, remained in charge of the construction of the swimming pool. Very truly yours, William S.Scamunan Supt. of Public Works. The meeting adjourned at 10:55 P.M. A true record, Attest : ' Cf Clerk.