Loading...
HomeMy WebLinkAbout1929-12-30 SELECTMEN'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 Cler'r and the Supt. of Public Works Here also present. Hearing was declared open upon the application of Bertha V. Pichette and Maurice P Ahern., 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 & Pichette and stated. that when Mr. Field inquired to Ahern garage secure information about obtaining a permit, both at hearing. 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 be discussed the matter with the Town Counsel and this hearing was held He stated that he used the garage for repair work, with the exception of Calvin . Childs ' garage there is, not another repair shop in the east- village , am he felt that it was of consiaernble convenience to have this repair shop located where it is . He also felt that it was entirely within the jurisdiction of the Board to grant 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 and the 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 obtained 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 heen there -tor 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 enly lately there has been a question raised about the place. Mr. Field stated that he was doing generel repairing in the two car garage. There is a house in front of the garage 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 ago, 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 feel that the notide compliea with the 458 statutes, and that a business is contemplated in this building. He felt that it was the desire of the za applicant to use this building for a purpose whidh was not stated on the apnlication or in the notice, and this 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 dangerou . He acknowledgedthat 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 it 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 statkd that he understood also that theyselling were seg gasoline there , and it was dangerous where buildings were so close . He fdlt that it was not 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 end 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 hearing to discuss -whether or not the notice given was legal , and it was finally decided that it was up tb the Town Counsel to determine whether the notice was legal or not, inasmuch as the notice was in accordance with the application. The hearing was again resumed and. Mr. Pichette stated that the application as made -'or 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 didrot 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 concerned a permit was receiver 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 Marshal '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 459 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 new was the gasoline tank and the unreasonable hours up to 10 or 11 o 'clock 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 though Mr. Pichette stated that he wanted a two car garage, he felt that the Boardknew for what rurpose the garage was to ba used. Mrs. P. Crown stated that she objected to the fire menace, and that she un4erstood that t' is place was used as a sales station, a garage, a repair shop, and a filling station Mr. Cotton informed the meeting that the permit issued by the Chief of the Fire Dept. for 120 gallons ofgasoline to be used on the premises , and that he did not have any right to sell it an'1neither 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. 111Letter was received from Dr. Fred S. Piper in which he stated that he could not serve on the Tercentenary Committee. ResignationF. S. Piper It was decided to inform Mr. Harold Lamont from Ter. 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 .board 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. V / It was the opinion of each of the members of the VVVV Board that all of the land up to the building was to be taken inasmuch as Rubin & 'eligman stated that they wanted to get rid of the property rather than pay taxes upon it. The records of the conference stated that there was 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 . Thee were also to discuss the matter of assessment upon the property for the future widening in front of the Hunt and O 'Connell blocks . Opinion was received from the Town Counsel that he did not believe that the Selectmen could bind the future Board from assessing Betterments on this property 460 INL when the widening is made in front of the Hunt and O 'Connell blocks, and Mr. 0ustance 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. fnery, on Depot Chairman of the planning Board, in which he stated that I 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 property near the Central Block,without taking the matter up with the Board of Selectmen for their approval. Proposed It was decided to renuest the Town Lngineer 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 "Joburn 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.. 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 dind their property will be improved by the transaction. The consideration is 3300.00. 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 with scarlet fever, it was deb±ded to leave the last one at home with Lira. 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 Public 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 Woburn 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. 461 Snow was cleaned from the sidewalks and onthe main streets the tractor graders were used to push the snow back. It was removed and carted away from 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 Lowell 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 n.s tennis court was received. Next week the department will attend to regular maintenance, Water Maintenance. I IIWork was started on a service for Furtado, Avon Street. A leak in the tapping sleeve made several years Ago, in fact the first job that was done with our valve-cutting- 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 Mr. 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. Work on Plans for office record. I J 462 Miscellaneous. Part survey of Stone property adjacent to Adams School. Work on plans of Ryder development. Made three aketches of Stone property. Completed plan of lower car barn at B. & M. property. Continued Lincoln Street Topo. Yours very truly, William S. Scamman Supt. of Public Works The meeting adjourned at 10 P.M. A true record, Attest: Clerk. 1 Y w I