HomeMy WebLinkAbout1930-03-2586
SELECTMEN'S MEETING p MARCH 25, 1930.
A regular meeting of the Board of Selectmen
was held at the Selectments 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 and
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 & huilding 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. Norman
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, and that this property is located in the
business district. He stated that he did not want
totake too much of the Boardrs 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 Board is acting u,4der
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 gasoli#e
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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 lir. 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 Uxat
action be taken on the applidation itasmueh 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 years 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
garage 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 Sbrio 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 locat d
a short distance from where lie -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 Muss. 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 disturbed by any noises
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
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. Edwqrd 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 B -e herded 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 anather 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 pur)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 oersoh 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 threeffamily 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 th.op 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 beir}g a local.fireman, and found that they
did not like the -conditions. He felt'that Mr. Field
had violated the permit given him to keep gasoljne for
his own private use, inasmuch as lie admitted he had
sold gasoline at the hearing at the State House. He felt
that the building as it exista was of third class con-
struction and that a p,lblic garage should be constructed
differently.
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Mr. Pero told the story of how the building which
was originally a blr.cksmith shop was moved across the
street and placed in back, between his house and
the adjoining house. He did not.think a building should
be used fora 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 le(Tality 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 would 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
expense of about $450.00 to the Town to place the
curbing there and at the present time they have no
funds for that expenditure; however, Mr. Wrightington
was requested to communicate with Dr. Tilton to prepare
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 nutting uv a sign in front of his own
driveway, but that it would not be right for them to
prohibit parking in front of his house.
It was decided to have no parking on the right
side of Elm Avenue going toward Bedford Street on the
Common side. The Supt, of Public Wdrks was requested
to put up signs.
It was decided to give the Parker School the use
of the 13 State flags for a pagdant to be held in the
Parker School.
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Driveway to
Colonial
Cemetery.
Parking in
front of Dr.
Tiltonts.
Std e Flags.
Abatements.
Sewer Service
abatement
in the amount of $30.13
for J. Alexander Wilson was
signed by the'Board.
The following
licenses
were granted:
'
Liquor license, Ernest
C. Martin
Uridertakers "
Arthur
A. Marshall & Son, Inc.
Innholders "
George
S. MacAlpine
Theatre "
William
Viano
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Driveway to
Colonial
Cemetery.
Parking in
front of Dr.
Tiltonts.
Std e Flags.
Abatements.
Licenses.
Auctioneers License Leslie,J. Wood
Alcohol license Lexington Hardware Supply Co.
tt " Country Side Inc.
°Sunday Sales License Charles H. Miller
Alcohol License, Herbert M. Lawrence
Sunday Sales License, Sam B. Rome
Alcohol License, C&Ivin.W. Childs.
°Sunday Sales " Frank Mara
Common Vietuallerts License, Country Side, Inc.
tCommon Vietuallerts License, -Arthur. L. & Grace M.
Smith,
'Common Vietuallerts License, Mike'U'Christy,hallos
,-Intelligence affide 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 Waber 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 Yand.
Letter of
Letter of thanks was received from the Town 1
thanks.
Accountant for his increase in salary.
Regarding g g 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.
Peddler's Application for peddlerts 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, Plumb3Ag7
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 F1 ing Service
giving a bid for the survey of the Town as 1800.
The Town Engineer reported his investigation of the
work done by this'Companj�.'in e6mparison:-with'the work
done by the Fairchild Aerial,Surveys and'he. was..Inf ormed
that the camera used for the'picturps taken
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by the Fairchild Aerial Surveys cost $4200 while the
camera used for the pictures taken by the Curtis Co.
cost $14400, and the work turned out was not as good
as the Fairchild Work
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.
It was decided to communicate With Representative
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.
Bid
received
on Aetial
Survey.
House Bill
#1095.
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
in the amou-it of $20.87 w
Mr. McIntosh.having given
' the land at the corner of
Wachusett Drive.
betterment of Neil McIntosh
as signed by the Board, Abatement.
a deed to the Tows for
Prospect Hill Rd. & "
Letter was received from Gardener W. Pearson,
Chairman of the Committee on Better Roads between
Lowell and Boston, c-nnected with the Lowell Chamber
of Commerce, as':ing whether or not the Town Was Letter from
interested in through rout "es. "Better Roads
The Board advised him that at present there was an Committee."
Act before the Le.-islature presented by the Metrop:blitan
Planning Boa rd 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.Ff.B.St.Rwy.Co.
on Bedford St. Mr. Scamman stated that the under -pass
would have to be kept in good condition and if the
Town intended to abandon it a pipe should be put in
there to carry off the surface water in that section
before the under -pass is filled up.
The matter was left with Mr. Wrightingtbn to
consider and report the conA17tions of the under -pass
to the Board at a later date.
Under -pass
M.&.B.St.Rwy
property.
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The following is the weekly reDoVt of the Supt.
of Public Works:
For the week ending Larch 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 ween the dep er tment will attend to. the regular
maintenance.
Water and Sewer Departments.
Water Maintenance.
Two men have been checking up on gate valves.
On Shturday, 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.
Beier 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.
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Engineering Department.
Highways.
' Staked out Hill Street relocation.
Line and grades at Tucker A,7enue.
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 3rook drainage area for Town
Meeting use.
Continued Colonial Heights To_>o.
Lines and grades for playground area near Lincoln
`street.
Investigation regarding Aerial Survey.
Yours very truly,
William S. Scamman
Supt. of Public Works.
The meeting adjourned at 10:50 P.M. .
A true record, Attest:
Clerk.
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