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HomeMy WebLinkAbout1930-03-25 86 SELECTMEN ' S MEETING a MARCH 25, 1930. A regular meeting of the Board of Selectmen was held at the Selectmen's Room, Town Office Building at 7 :30 P.M. Messrs . Burnham, Custance, Blake, Shannon and Trask were present. The Supt. of Public Works and the Clerk were also present. Bids were 'received on the loan of $150,000 as follows : Faxon Gade & Co. 3.36 $150,000 Bank of Commerce & Trust Co. 3.38 loan. First National Bank 3.49 Atlantic National Bank of Boston 3. 50 Lexington Trust Company 3.2999 The bid was awarded to the Lexington Trust Co. At 8:08 P.M. hearing was declared open on the application of Maurice P. Ahern and Bertha V. Pichette to conduct and maintain a garage mad repair shop for automobiles, and to keep, store and sell petroleum products and volatile and inflammable liquids in connection therewith, at 851 Mass. Avenue, Lexington. The- Town Counsel, S. R. Wrightington was present and read the application to the hearing. Mr. Joseph R. Cotton appeared for the owners and presented a map showing the location of the Pichette & building in which the business was requested to be Ahern operated in. The map also showed all of the houses Hearing. in the immediate vicinity with respect to the location of the business. He presented also a petition signed by many of the persons in the immediate locality and others from outside. He stated further that some of the persons in the vicinity would not sign the petition, either for or against it, but the only objectors that actually made objections were Mr. and Mrs. Edward L. Crown and Mr. Morman A. Pero. Mr. Cotton' stated that with the exception of Calvin Childs ' Garage, there was no repair shop from Arlington Heights line up to the centre of the Town, end that this property is located in the business district. He stated that he did not want to bake too much of the Board's time inasmuch as a hearing had been held previously and all the conditions stated at that time. He stated that Mr. Childs repaired only Ford cars and there is no other place in the East end of the town where other cars can be repaired. Mr. cotton called attention to the scope of the interrogation that the Board should go into; stating that primarily the ?oard is acting uider the authority of the Fire Marshall who delegated his power to the Board of Selectmen, and as he understood the law, he felt that the statute in regard to this is different in a case of a gasoline 87 station, as the Board can pass upon this as to whether or not the public convenience and necessity require a station. In this instance, he felt that they should consider the fire hazard. Mr. Cotton §poke of the matter of the form of license to be granted if it is decided to grant a permit; that the Board should be specific in the granting of the license. He understood that in the license it did not have to designate how many cars should be kept in the building or the kind of construction. He also called attention to one other legal question as to whether or not a license to Pichette and Ahern could be used by Mr. Arthur Field as occupant of the building. He stated that the best information he could obtain was that it could be trans- ferred to the name of Mr. Field. He also suggested that action be taken on the application dfiasmuch as Mr. Field for the past two weeks has been trying to take care of the business by a temporary location near the Arlington line, and he would be obliged to know what he could do as soon as possible. He stated that there were several persons present who had known Mr. Field for a great many yews and wished to say something in favor of the petition. Mr. Maurice P. Ahern stated that they were very much surprised when they started a petition to find the people in the East village in favor of having a IIgarage operated in that section. He stated that he felt when the Zoning Law was established, it was established to give persons an opportunity to do busin ess in a business zone. He felt that the residences located within that area must be inconvenienced somewhat . He called attention to the final decision on the appeal before the Stsnb Fire Marshall that the appeal was dismissed and the applicant requested to apply to the Board of Selectmen for a permit necessary to carry on the business . Mr. Arthur Field stated that he lived in the Town for the past 12 years and had been repairing cars. For four years he worked for Mr. Fred Merrill who was locabd a short distance from where he is operating at present and for 7 years he worked for Calvin Childs until he opened this repair shop where he has been operating for about one year. He stated that he always tried to maintain the business in a legal manner, and was willing to listen to any suggestions that anyone might offer. Mr. Irving Locke, 822 Mass. Ave. , stated that he had known Mr. Field for a great many years and lived in the second house on the opposite side of the street and at no time had he been disturbedby any noires from the garage and he thought that Mr. Field should have a right to continue to do business at this location. Mr. George W. Nary of Oak St. , stated that he had known Mr. Field for a great many years and while he was not located directly in the immediate vicinity, he felt that many of the persons in the East village desired 88 A to have a place where their cars could be repaired without going to Lexington Centre, and hoped that Mr. Field would be able to carry on his business in that location. Mr. Edwgrd W. Baker, 868 Mass. Avenue stated that he was in favor of business being carried on in this location inasmuch as it was zoned for business and that it was just as well to have a garage there as any other kind of business. Mr. Daniel J. O'Connell presented some snap shots that had been taken of the conditions about the garage which F haided to the Board. He stated that every- body knew Mr. Field and knew that he was a good fellow and would like to see him do a goad business in Lexington. He called attention to the permit which was granted by the Board previously on another application for this garage, and that he felt if anyone read the laws they Would not need any lawyer to tell them that this building could not be used for the .)urr)ose which it is intended to be used for. He felt that in regard to the petition that anyone would be willing to sign a petition if they were two doors removed from the nuisance, but if the person is one door removed, they might have objections . He felt that the erection of a suitable garage to comply with' the law would remedy the situation. He represented that if any of the Board of Selectmen had the conditions existing in their own back yard„ they would not want it. He thought that this garage in its present construction did not comply with the Law, and if they would take the three, family dwelling house off of the lot and build a fire proof garage there would be no objection at all. He felt that the location was a good one for the business and it would be alright to be located there if it were a building of the proper structure. Mr. Wrightington asked Mr. O'Connell to quote sections of the law that make it illegal for this garage to be operated, and for the Selectmen to grant a permit for the operation of this garage. Mr. O' Connell answered that he felt that was up to the Town Counsel . Mr. O 'Connell felt that a license should not be granted, and if the Board desired to invite litigation, they would do so in granting the permit. Mr. E. L. Crown, 26 Curve Street, stated that about a year ago Mr. Field opened up the repair shop and sometimes the hours that he worked were unreasonable. When the gasoline pump was put in, they had objected to that inasmuch as it was located very close to the building. They talked with the people who lived in the house, one being a localfireman, and found that they did not like the conditions . He felt that Mr. Field had violated the permit given him to keep gasoline for his own private use, inasmuch as he admitted he had sold gasoline at the hearing at the State House. He felt that the building as it exists was of third class con- struction and that a public garage should be constructed differently. 89 Mr. Pero told the story of how the building which was originally a bl cxsmith shop was moved across the 1 street and placed in back, between his house and the adjoining house. He did not think a building should be used for a garage that was located so close to a three family house and his own house, and placed on such a small lot of land. Mrs . Crown stated that she considered the back of the building an unsightly condition, and a fire menace to have the driveway to the garage blocked up as it is many times with automobiles parked there. She objected also to the heater being close to the gasoline tank and also to Mr. Field working there on Sunday and very late at night. The hearing was delcared closed at 3 55 P.M. After discussing the matter, it was laid upon the table for one week and the Town Counsel was requested to look into the legality of granting the permit. Mr. Albert H. Burnham reported that Dr. Tilton stated he would deed to the Town the driveway entering the Colonial Cemetery provided they wculd place a curbing on both sides of the driveway; he would then build a driveway for himself on the other side of his house near the Unitarian Church. It would mean an Driveway to expense of about $450.00 to the Town to place the Colonial curbing there and at the present time they have no Cemetery. II funds for that expenditure; however, Mr. Wrightington was requested to communicate with Dr. Tilton to prepare P P to make a taking of this driveway. Mr. Burnham alsd called attention to the fact that Dr. Tilton complained of the parking on Sundays in , front of his house, of persons attending the Catholic Church. The Board felt that he could perhaps restrict the parking by putting up a sign in front of his own Parking in driveway, but that it would not be right for them to front of Dr. prohibit parking in front of his house. Tilton's. It was decided to have no -parking on the right side of Elm Avenue going toward Bedford Street on the Common side. The Sapt. of Public Works was requested to put up signs. It was decided to give the Parker School the use Stst a Flags. of the 13 State flags for a pageant to be held in the Parker School. Sewer Service abatement in the amount of $30.13 for J. Alexander Wilson was signed by the Board. Abatements . The following licenses were granted: 1 Liquor license, Ernest C. Martin Undertakers " Arthur A. Marshall & Son, Inc. Innholders * George S. MacAlpine Theatre " William Viano 90 "17 Auctioneers License Leslie J. Wood Alcohol license Lexington Hardware P‘r Supply Co. " " Country Side Inc. °Sunday Sales License Charles H. Miller Alcohol License, Herbert M. Lawrence Licenses . Sunday Sales License, Sqm B. Rome Alcohol License, Calvin W. Childs °Sunday Sal es " Frank Mara Common Victualler' s License, Country Side, Inc. common Victualler's License, Arthur L. & Grace M. Smith, Common Victualler's License, Mike U Christy Hallos aintelligance affic*e Licence, Virginia G. Stevens 'Bowling Alley License, C. E. Barnaby `overhanging Sign Permit, Ernest C. Martin. Water Main, Petition was received for a water main in - Mass. Ave. Massachusetts Avenue to be extended from Wood Street to 3058 Mass. Avenue. The matter was referred to the Water Dept. for an estimate of the cost of construction. Letter was received from the Town Accountant Transfer of calling attention to the fact that the Sewer money. construction account was overdrawn.' It was therefore voted to transfer the sum of $5000 to the Sewer Construction Account from the Sewer Assessment Fund. Letter of Letter of thanks was received from the Town thanks . Accountant for his increase in salary. Regarding the perambulation of Town bounds, Perambula- the Supt. of Public Works was authorized to make tion. the perambulation. It was voted to appoint William C. Paxton and Assistant John O'Connor as Assistant Assessors to complete the Assessors work of assessment of property for the Board of Assessors . Oeddler's Application for peddler's license of License. Clarence G. Eaton, Reed St. Was approved by the Board. Bond Of John C. Russell as Constable and bonds of Byron C. Earle, Tax Collector; John H. Kane, Various Town Clerk and Treasurer; Andrew Bain, Plumbing bonds Inspector, William S. Scamman, Supt. of Public Works; approved. and John F. Tibbetts, Inspector of Buildings were approved by the Board. Letter was received from the Curtis Flying Service giving a bid for the survey of the Town as $1800. The Town Engineer reported his investigation of the work done by this Company in comparison with the work done by the Fairchild Aerial Surveys and he was Informed that the camera used for the pictures taken 91 by the Fairchild Aerial Surveys cost $4200 while the Bid camera used for the pictures taken by the Curtis Co. received cost $1,400, and the work turned out was not as good on Aetial as the Fairchild Work . Survey. It was voted to award the contract to the Fair- child Aerial Surveys Inc. when the contract was put in proper form in accordance with the suggestions of the Town Counsel. Letter was received from Luke D. Mullen enclosing copy of House Bill #1095. House Bill It was decided to communicate with Representative #1095. George E. Briggs informing him that the Board of Selectmen were in favor of this Bill but they would like to have his opinion upon it . Letter was received from Attorney Thomas P. Culhane in which he stated that he acted as Attorney for Mary Ball, and she complained that the garage owned by Complaint Mr. Heaney, 55 Baker Avenue was in a deplorable Heaney condition, the addition to the buildings having paper Garage. on it, and when the wind blew it made a noise. The matter was referred to the Town Counsel. Abatement of Street betterment of Neil McIntosh in the amouort of $20.87 was signed by the Board, Abatement . Mr. McIntosh having given a deed to the Tows. for the land at the corner of Prospect Hill Rd. & Wachusett Drive. Letter was received from Gardener W. Pearson, Chairman of the Committee on Better Roads between Lowell and Boston, connected with the Lowell Chamber of Commerce, as ring whether or not the Town was Letter from interested in through routes . "Better Roads The Board advised him that at present there was an Committee. " Act before the Le-islature presented by the Metropblitan Planning Board for a route from Arlington across lands in Lexington to Bedford Street, and the Board was also interested in having a road built over the Lowell Turn- pike to Lowell. It was voted to grant permission to the Lovell Bus Lovell Bus Line Inc. to operate busses from the corner of granted Woburn and Lowell Streets to the Burlington line. permit. The Board discussed the matter of maintaining an under-pass on the property of the M.F .B.St .Rwy.Co. Under-pass on Bedford St. Mr. Scarrsnan stated that the under-pass M.&.B.St.Rwy would have to be kept in good condition and if the property. Town intended to abandon it a pipe should be put in there to carry off the surface water in thatection before the under-pass is filled up. s The matter was left with Mr. Wrightingtbn to consider and report the conz]ations of the under-pass to the Board at a later date. 92 The following is the weekly report of the Supt. of Public Works For the week ending March 22, 1930. Highway Department. The department continued the work of widening Hill Street, disposing of a great amount of ledge and other material. Street surfaces were patched, catch basins cleaned, and gravel streets scraped and leveled. Next week the work on Hill Street and maintenance will be done. Moth and Shade Tree Department. The moth nests were treated with creosote in Mass . Avenue and the department also worked at the Lexington Green removing the tops of trees preparing to have them removed. Next week the cleaning up of the moth nests will be attended to. Park Department. Reg' lar maintenance work and removal of trees on the playground. Next week the dep aetment will attend to the regular maintenance. Water and Sewer Departments . Water Maintenance. Two men have been checking up on gate valves . On Saturday, March 22nd, while blasting in connection with the sewer main extension in Oakland Street, the 8" water main in Oakland Street was broken. This required a sleeve to he placed over the cracked portion of pipe. The work was completed about 2 00 P.M. Beer Construction. We have completed laying approximately 75 ft. of 6 in. sewer pipe in Oakland Street . This work is being done in connection with the Beach proposition. Regular maintenance work is planned for next week. 93 Engineering Department . Highways . Staked out Hill Street relocation. Line and grades at Tucker Avenue. Data for construction program. Sewers . . Lines and grades for Oakland Street at Glen Road. Miscellaneous . Preparing large scale plans of Marshall-Library property and of Vine rook drainage area for Town Meeting use. Continued Colonial Heights To_>o. Lines and grades for playground area near Lincoln `_treet. Investigation regarding 'serial Survey. Yours very truly, William S. Scamman Supt. of Public Works. The meeting adjourned at 10 50 P M. A true record, Attest C Clerk.