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HomeMy WebLinkAbout1929-12-30SELECTMEN'S MEETING December 30, 1929. A regular meeting of the Board of Selectmen was held at the Selectmen's Room, Town Office Building, at 8 P.M. Messrs. Burnham, Custance, Blake, Shannon and Chamberlain were present. The Clerk and the Supt. of Public Works were also present. H earing; was declared open upon the application of Bertha V. Pichette and Maurice P. :Ahern -v 48 Broadway, Arlington, for permission to use a two car garage on their premises at 851 Mass. Avenue, Lexington. Mr. Joseph R. Cotton acted as attorney for Mr. Pichette and stated. that when Mr. Field inquired to secure information about obtaining a•permit, both at the Town Office Building and the State House, he did not find that any permit was required.. Fe felt that in reading the regulations that there was some question of law and '-e discussed the matter with the Town Counsel and this' bearing was held. He stated that 'he used the garage for repair work, with the exception of Calvin Childs' garage there le'not another repair shop in the esst-village, and he felt that it was of consir'ernble convenience to have this repair shop located where it is. He also felt th^t it was ' entirely within the juris,'iction of the Board to ?rant a permit to maintain this garage. Mr. Pichette presented a plan of the location of the building on the lot together with the location of the house in front of it andthe adjoining garage. He stated that the building was moved back by him to accommodate a person who desired to have it for a storehouse, and a permit was obtainerl so that it could be used for such at that time. The building has a 4" cement floor and is fireproof by the use of wire laths and plaster, and it is almost a necessity to have a two car garage. There has been nothing in the way of a complaint from the people who live in the house and who have been there'for five years, and he believedthat being in a business district he'had a right to operate the garage. Mr. Arthur B. Field stated that he had been there since last March, and only lately there has been a question raised about the place. Mr. Field stated that he was doing general repairing in the two ca:r garage. There is a house in front of the.garag;e and Mr. Pero's house is to the left and Mr. C^own's is to the right on another ,street. The building was used as a battery service station some time ag;o, and there were two other men who had used it for a repair shop. ' He stated that he felt that the notice of the hearing as issued was an illegal notice, inasmuch as the notice called for the use of this building as a two car garage, and he did- not feet that the notide complied with the Pichette & Ahern garage hearing. 458 statutes, and that a business is corteinnlated in this building. He felt that it was the desire of the applicant to use this building for a purpose whidh was not stated on the aprlication or in the notice.- otice,and andthis notice was intended to have the abuttors believe that it was to be used like any other garage in the vicinity for the storage of private cars, He understood that within a short distance from the tanks there is a heating plant. and that this was dangerous. He Ficknowledged that the property was in the business zone but that the building was not used like any other large garage. He felt that the fact that the building had been used for a year for this purpose did not give it any standing to continue to be used as such if At was illegal in the first place. He felt that if the building is to be operated as a garage business that the building should_ be removed and a.building erected according to the rules governing fire hazards. He stst*d that he understood also that they were selling gasoline there, and it was dangerous where buildings were so close. He felt that it was fiot-well:-to'wait _ until something happened in the vicinity, but to have the danger removed now. He also felt that other people are paying taxes and they have one or two car garages of their own, and that they are entitled to that with the premises. He felt that other people in the vicinity would have come to the hearing if.the notice had been given as to what the garage was to ' be used for. The Board dismissed the persons at the heering to discuss ,whether or not the notice given was legal, an,? it was finally decided that it was up to the Town Counsel to determine whether the notice was legal or not, inasmuch as the notice was in accordance with the applie-tion. The hearing was again resumed and Mr. Pichette stated that the application as made for a two car gar- age was entirely in accordance with what they desire to have the building used for. He.felt that if Mr. Field did. not want to rent the building for the purpose for which he uses it for, tat he would be, entitled to have a two car garage license so that the building may be used for the storage of two cars, and that if the per -it is granted now .for that purpose, it will save the time of the Board in having another hearing or another application. As far as the gasoline is concerneda permit was receive! from the Chief of the Fire Dept., and it was within his juriddiction to grant this permit for which he inspected the location when he granted the permit. Mr. Crown stated that he communicated with State Fire Marshall. ^Teal, of the State Fire Prevention Commission, when Mr. Field applied for the permit , and he was informed by him that the Chief of the Fire Dept, did not have the authority to grant a permit for a gasoline .tank without a hearing before the Board of Selectmen, and he was to send notice to the Town ' to that effect. What his objection to now was the gasoline tank and the unreasonable t=ours up to 10 or 11 o4clock at night and on. Sundays that the repair work was going on at the garage. He stated that Mr. Field. told him that he would run the garage at reasonable hours, but of course he could do as he desired as far as his hours were concerned. Mr. O'Connell felt that even thou-gla Mr. Pichette stated that he wanted a two car garage, he felt that the Board knew for -K�.at rurrose the garage was to b^- ^used. used. MIPS. Fjlgnnie P. Crown stated that she objected to the fire menace, and that she ur,'Prstood. that t?-is place was used as a sales station, a garage, a repair shop, ani? a filling station. Mr. Cotton informed- the meeting that the permit issued by the Chief of the Fire Dept, for 120 gallons of-gasoline to be used on the premises, and that he did not have any right to sell it andneither did he know that Mr. Field was selling gasoline. Mr. George A. Parks stated that he did not have anything to -particular to say, The hearing was closed at 8:40 P.M. and the 3oard decided to refer the matter to the Town Counsel. 'Letter was received from Dr. Fred S. Piper in which ' he stated that he could not serve on the Tercentenary Resignation Committee. F. S. Piper It was decided to inform Mr. Harold B. Lamont from Tera and ask him to suggest a name to take the place of Dr. Com. Piper, Mr. Custance reported conference with Rubin & Conference Seligman at the Town Office Building and in which Mr, Rubin Sel- Seligman stated that he desired to keep a strip of land igman. approximately three feet wide in front of his building so that he could control the overhanging signs. Mr, Custance asked each of the aoard individally what their recollection was about the conference held with Rubin & Seligman and about taking that strip of land for the sum of $1,000. It was the opinion of each of the members of the Board that all of the land up to the building was to be tak8n inasmuch as xubin & '''eligmar_ stated that they wanted to get rid of the property- rather than pay taxes upon it. The records of the conference stated that there eras to be approximately a fifteen foot strip of land taken. The matter was left with Mr. Oustance and Mr. Blake to take up with Rubin & Seligman to straighten out. were also to discuss the matter of assessment upon the property for the future widening in front of the 'Ther Hunt and O'Connell blocks. Opinion was received from the Town Counsel th t he did not believe that the Selectmen could bind the future Board from assessing oetterments on this property Imi when the widening is made in front of the Hunt and -- O'Connell.blocks, and Mr. Custance and Mr. Blake were requested to see if anything could be worked out that would be satisfactory to all parties. concerned. Re trees Letter was received from Frederick L.- Emery, on Depot Chairman of the planning Board, in which he stated that Square. he had. a letter from Mr. Chapman of the Boston & Maine R. R. in which he stated that the;. have instructed their engineers not to permit the trees to be removed on the propert7 near the Central Block,without taking the matter up with the Board of Selectmen for their approval. Proposed It was decided to reouest the Town Engineer to St. from bring before the Board the studies made by him of the Hancock St. street from Hancock Street to Grant Street and also to study the situation connecting this street, be re- locating Sherman Street, to Fletcher Avenue then to Hayes Lane and to `roburn Street. Marshall The Board signed the deed deeding to Lillian G. deed signed. P Lois M. Marshall a strip of land three feet wide adjoining their present property at 1844 Mass. Avenue,R. This is deeded to them so that the..., may straighten out their lot which adjoins the Town property,_and the ultimate result will be that the Town property and their property will be improved by the transaction. The consideration is $300.00. Scarlet fever The Board discussed the matter of sending contagious cases, disease cases to the hospital, and in the case of Mrs. Emma Hadley, 7 Vern Street, there being four children at the hospital drith scarlet fever, it was de6ldeci to leave the last one at home with Mrs. Hadley to care for, In the case of Gerald Jones, 21 Pleasant Street, who also has scarlet fever, it was decided to send this child to the hospital, inasmuch as there are four children in the family and only two sleeping rooms are in the house. The weekly report of the Supt. of Pulal ie -Works is as follows: For the week ending December 28, 1929. Highway Dept. The drain in Ward Street has been completed, The work of excavating with a steam shovel at the corner of Woburn Street an Lowell Street and on the north side of Vloburn Street between Lowell Street and Utica Street is progressing and a rough gravel side. walk being laid at the same time. This work will tend to relieve the dangers now experienced by pedestrians along this street. 1 1 6_ Snow was cleaned from the sidewalks and on. the main-, streets the tractor graders were used to push the snow ' back. It was removed and carted away f'ron the business section. It was also necessary to use sand on the sidewalks and on the hills and at a number of intersections. Next week the regular maintenance work will be taken care of and if conditions are favorable, work will be started on Hill Street to excavate and prepare for widening, Moth and Shade Tree Dept, Gypsy moth nests were treated with creosote on Adams Street, North Street and Dowell Street and this work will occupy the department next week. Park Department. Regular maintenance work was attended to. A quantity of blue gravel for the reed tennis court was received. Next week the department will attend to regular maintenance, Water iVIaintenance, Work was started on a service for Furtado, Avon Street. A leak_ in the tapping sleeve made several years ggo, in fact the first job that was done with our valve-outting- in machine, has been found in Mass. Ave,, opposite Charles Street. This sleeve was poured with lead and' we find it impossible to stop the lead with lead wool, I am asking tlr. Northrup of the A, P. Smith Mfg, Co, to advise us what to do in this case. Water Construction The work in Mass. Avenue.is practically complete and I will give you a full report of this at a later date. The work contemplated for the week ending January 11th is as follows: regular maintenance work. Engineering Department. Highway. Staked. out Hill Street lines, Sewers. Nork on Plans for office record, 462 Miscellaneous. Part survey of Stone property adjacent to Adams School. Work on plans of Ryder development. Made three xketches of Stone property.' Completed plan of lower car barn at B. & M. property. Continued Lincoln Street Topo. Yours very truly, William S. Scarman Supt. of Public Works The meeting adjourned at 10 P.M. A true record., Attest: Clerk.