Loading...
HomeMy WebLinkAbout1930-04-15 112 .� SELECTMEN 'S MEETING —1 APRIL 15, 1930 I 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. Town Counsel, Sydney R. Wrightington came before the Board and discussed the matter of the Pefusal of the Board to grant a license to M. Floyd Rodgers as an Undertaker. Mr. Wrightington stated that he found in one case in Cambridge where a man had been refused a permit that M.Floyd suit had been brought, and he advised that the Rodgers requirements for granting a license are contained permit. in General Laws, Chapter 114, section 49 as amended by Chapter 242 of the Acts of 1926.. He stated that in the Cambrid 'a case it has been held that the refusal to permit a man to ply his trade as an Undertaker violates the Consti- tutional right of liberty, unless there is some good reason for the refusal . He stated that he was of the opinion that the applicant must submit satisfactory evidence before the license is granted, and that the Board should have evidence satisfactory to them before granting the permit. In refusing a permit, the Board should state that they were not satisfidd with the evidence presented. The Board discussed the matter and instructed the TownCounsel to prepare a letter in reply to the letter of Mr. Robert Holt, Attorney for Mr. Rodgers, in which he asked the Board to state the reasons why they refused this permit Letter was received from the Town Counsel in Sidewalk which he stated that in his opinion the sidewalk bids . contract of last year could not be continued inasmuch as the appropriation is made each year, and the Board would have to advertise the bids. The following bids were received on the construction of granolithic sidewalks : Hervey F. Armin,-ton, Inc. Sidewalks $.22 per sq . ft. Ramps & Driveway $.26 per sq. ft. Anthony Ross & Son. Sidewalks $.25 per sq. ft. Ramps & Driveways $.Z3 per sq. ft. 113 Bartlett J. Harrington Sidewalks $.28 per sq. ft. Ramps & driveways $.33 per sq. ft. George H. Lowe & Company Sidewalks $.28 per sq. ft. Ramps & Driveways $.35 per sq. ft. Simpson Bros . Corp . Sidewalks $.28 per sq. ft. Ramps & Driveways $.35 per sq. ft. A. A. Burgess Sidewalks $.38 per sq. ft. Ramps & Driveways $.48 per sq. ft. The bid was awarded to Hervey F. Armington, Inc . at their price of $.22 per sq. ft. for sidewalks and $.26 per sq. ft. for ramps and driveways . At 8 P.M. hearing was declared open on the application of A. M. Prende"gast for permission to increase the capacity of 'hbsr gasoline tanks located on the premises at the corner of Fottler Avenue and Massachusetts Avenue. Mr. James M. Prendergast appeared for his wife and presented a sketch showing the intended location of the tanks and pumps . Daniel J. O'Connell asked whether or not the Board was going to grant him a permit on the information that he had presented. Mr. Prendergast stated that the reason he asked for an increase in the capacity of the tanks is that the business has increased so much that five times their tanks have been dry and cars have been in the yard and they were unable to serve them. He stated that his three pumps are now 30 ' from the line. He did not know whether it was the sidewalk line or the street line, but they were 30' back as required by the agreement that he signed. Mr. Daniel O'Connell asked the size of the lot . Mr. Prendergast stated that it was 12,600 sq. ft. in size. Mr. O'Connell asked whether or not there was some arrangement whereby he was to grant the Town some of the land. He stated that there w Is, whenever the Town gets around to take the land. Mr. Prendergast stated that the tanks were at least SO' from the street, the building was 55 ' from the street. He stated that the tanks were not under the pumps and they were not placed under the station. 114 eamonk Mr. O'Connell stated that an increase in the gallons of gas would increase the menace '-r7 in this locality, and he felt that there were now enough gasoline tanks along that section and that if increase is made in all of the tanks, later there might be an explosion. Mr. G. F. Melick asked where the tanks were to be located and was shown the sketch presented. He stated that Mr. Prendergast had put in a tank along the sidewalk. Mr. Prenderrast stated that this tank was Prendergast put in as a temporary affair and that it had hearing. been there for about 7 months , but the tank would be removed later, and that no pumps would be put in in front of the 30 ' . Mr. George F. Meithek objected to the increMse in the gasoline supply. He originally objected to the granting of the permit in the first instance and did not see why it was granted when the whole neighborhood objected to it. Mr. Prendergast stated that the immediate abuttors did not have any objection to the application in the first instance. When asked how many times Mr. Prendergast had to have the tanks filled, he stated that it was hard to tell , he had the tanks filled that afternoon and yesterday they were filled, and the reason he was asking for additional gasoline was that the Beacon Oil Company were cutting down in their help and were unable to give as good service as they had in the past. No other persons appeared to object and the hearing was declared closed. The Board discussed the application and voted to lay the matter upon the table for one week and in the meantime to request Mr. Prendergast to bring in a plan rather than the sketch he presented. The following licenses were granted: Alcohol Standard Oil Co. of N. Y. 27 Mass . Ave. Standard Oil Co. of N.Y. Manor Crescent, Bedford St. Standard Oil Co. of N. Y. Waltham St. & Marrett Rd. Standard Oil Co. of N. Y. 789 Mass . Ave. Common Victuallers Caroline A.Harrington & Phoebe E. M. Hutchins 1661 Mass. At,e. Rufus W. Blake 1733 Mass . Ave. Guide Paul A. Eichorn 26 Hancock Street. Innhold ers. The Russell House, W.E.Russell 1505 Mass. Ave. 115 Public Carriage. Ellis Timothy Lexington. Sunday Sales George W. Claflin Cor. No.Hancock St. & Bedford St. Overhanging Signs. Waltham Western Union Co. 1736 Mass . Ave. Isadore J. Michelson 1808 Mass. Ave. Sam B. Rome 97 Mass . Ave. It was voted not to grant Mrs . Jacob Bornstein a Junk license inasmuch as she stated that it world not be used for three or four months . It was voted not to grant a license to Common David McPeake to do a Common Victuallers business , Victuallers April 19th inasmuch as they intend to do this license on private land according to their application refused. and it was voted therefore not to allow them to do business in that location. Mr. Frederick L.Emery came before the Board to discuss the matter of Vine Brook drainage as did also Town Counsel, S. R. Wrightington. Letter was read from Metcalf & Eddy directed to Mr. Emery regarding Vine Brook drainage. Letter Vine Brook was also read from Mr. Emery regarding drainage Drainage. and requesting that a Town Meting be called so that it might be held on the same date as the after- noon of the present Town Meeting, namely Ap1il 28th, at which time the Vine Brook drainage proposition could be taken up in a more complete manner taking in the whole proposition rather than just the south branch of Vine Brook instead of just from the culvert in Mass . Avenue down through She-man Street. Mr. Emery read a report which he had prepared to present to the Town Meeting and which was to be printed with the Metcalf & Eddy report and circulated among the Town Meeting Members . Mr. Wrightingtbn presented a letter giving his opinion as to the liability of the Town in suffering a suit of damages from the present condition of Vine Brook, inasmuch as Mr. Ryder had brought up the point that he felt theTown could be sued for damages to his property. Mr. Emery and Mr. Wrightington discussed the possibEity of and construction work and the betterments . Mr. Emery stated that he felt Mr. J Ryder would be perfectly willing to go into an agreement to accept the betterments with respect to work done on the laterals, but he did not know about the trunk line, and it was also understood that he would not enter into an agreement unless other owners were likewise assessed. 116 44, -71 Mr. Custance reported having received a letter from Newton in which they did not advise assessing betterments owing to the inability to collect them. He stated that he understood that there were other towns that did not advise the assess- ment of betterments for this reason. Mr. Wrightington was requested to communicate with other towns to see what their experience was regarding this matter. Mr. Wrightington explained to the Board about the new law and amendment to the Better- ment Act whereby the Board could file a petition in the Superior Court, filing the same sort of papers that were filed in the Registry of Deeds; the abuttors are then obliged to go into Court and it would be determined whether there are any damages or not, and whether the assessment of betterments is correct or not. The Town will have to pay Engineering fees and if they start out under this section they will have to go through with it , but at the end of the time the matters will be determined by the Court before any con- struction work is entered upon. Mr. Custance explained that In his opinion he thought the trunk line drainage could be assessed but the rest of the drainage should be put in by agreement with the owner. Mr. Burnham expressed the opinion that in some instances he felt that the farming lands might be injured rather than bettered by lowering the brook, inasmuch as some of the land is only suitable for raising crops when it is moist, and if the moisture is taken out of the land it will leave a peat foundation. The Board discussed the matter of calling in various owners of property that would he affected by the drainage to see what their opinion would be in regard to the affect upon their property.. Mr. Emery expressed the opinion that the Town should act under this new law and that would then satisfy the question brought up by Mr. Worthen on betterments . The Town Engineer presented figures showing the estimate of the cost of construction work on Vine Brook as $55,000.00. These figures were considerably less than the figures presented by Metcalf & Eddy, and the Town Engineer was there- fore requested to check up with Metcalf & Eddy to see that there is no misunderstanding in regard to the figuring of the estimates. Opinion was rendered by the Town Counsel to the effect that none of the votes taken at Town Meeting are effective until five days after the final adjournment of the meeting and for this reason it would be well hereafter to issue a warrant 117 only for the routine matters of the town, and Opinion re to have a separate warrant for the new votes , Town construction work to be done. Meeting. At the present time, the School Depart- ment will not be ready to report on their article on the purchase of land for a school house until May, and unless this present warrant is adjourned, the Board cannot legally proceed on the construction of Massachusetts Avenue. It was decided therefore to finish up the articles in the present warrant and to indefinitely postpone any other articles which could not be acted upon until a later date , and to draw a new warrant for a Town Meeting. It was decided not to draw this warrant until a later date, giving an opportunity to finish up the present business on hand, It was decided to find out from the Cohtractor if it would be agreeable not to start Delay in construction work until a later date than con- construction templated on Massachusetts Avenue . work, Mass . AIM Mr. Calvin W. Childs came before the Board to find out if the Board desired him to file an insurance policy to cover the pump which stands in the gutter at the edge of his property and on Town property, for which C.W. Childs re he has held a permit for the past ten years. gasoline pump. Mr. Childs stated that he already carried public liability insurance on his property to an extent greater than was required by the Town, but he was informed that he should file a statement with the Town which would cover the Town and himself, of $1000 property damage. Permission was granted to William J.Marshall Request for acting for the East Lexington Catholic Church Sunday enter- to have a Sunday entertainment on May 4, 1930 tainment, in Cary Memorial Hall to raise funds for the Catholic Church. Requet was also made for the reduced Church. rate for the use of Cary Hall on that evening. Letter was received from the Town Accountant in which he stated that there was an overvrdraft Overdraft in in the Forest Fire Dept. account . The Board Forest Fire agreed to insert an article in the next warrant Account . calling for an appropriation for this account. Notice was received of a meeting at the Meeting, State House, Room 24, April 22, 1930 at 10:30 A.M. State House relative to the handling and sale of gasoline. re gasoline. Notice was received from the Supt. of the Water and Sewer Dept. of an application from Mr. F. C. .Rogera for an extension of a water 118 .r. Request for pipe in Homestead and Bellflower Streets . l water pipe, This matter was referred to the Supt. Homestead of Public Works to find out what the cost of & Bellflower the extension would be and report to the Streets . Board at their next meeting. Letter was received from D. J. OtConnell in which he stated that it was his intention to appeal the decision of the Board of Selectmen Appeals on the granting of a license to Pichette & Ahern from decisi©nto maintain a garage for the repairing of of Board, automobiles and the sale of gasoline at 851 Mass- re Pichette achusetts Avenue. He also called attention to & Ahern the fact that the parties opposing this application garage. had not received any notice that the permit had been granted. Letter was also received from the TownCouneel in which he stated that he did not know of any Town Counsels law that required the opponent to be notified of opinion re any decision but that he thought as a matter of appeal. politeness that in the future the Board could notify their opponents of their decision and if they desired to appeal they could do so. Pichette & Report was received from the Building Inspector Ahern garage. in which he stated certain thins that had been done at the Pichette and Ahern garage at 851 Massachusetts Avenue. Application was received for a pig permit E.K.Ballard from Ernest K. Ballard of Wood Street, Lexington. pig permit. It was decided to lay this application on the table until such time as the Health Inspector makes a report on various applications. Bill was presented for services rendered by the Public Health Association for 1928 and 1929 Public Health in the amount of $107.25. Assoc. bill. The Board felt that this bill for services was very delinquent and decided to request an itemized bill for each year. There was a question as to whether or not there was enough money in the Board of Health account to carry through the year, owing to the great number of scarlet fever cases that were hospitalized during the year. Information regarding salaries in various Salaries. Towns was referred to Mr. Trask for his consideration. The Tercentenary Committee desired to have some of the settees and furniture in the storage Furniture in space in the Cary Memorial Building. This they storage. were granted. It was decided to keep enough of this furnisute so that the Public Works Department. at North Lexington will be completely furnished. The report showed six desks available and possibly the two desks now on hand at the water garage. 119 Mr. Blake stated that the better desks were worth $15. and the poorer ones $10. ' each for sales that might be made. Mr. Wrightington was requested to get the deed prepared on the Ringland property to Ringland deed. the Town so that this transaction might be completed. Mr. Bustance reported that the contract Bid, Mass . Ave for the construction of Massachusetts Avenue construction. was awarded to Mr. John Iafolla & Son at the sum of $49,013.40. Mr. Custance reported that it was very evident that Mr. Anderson was not ready to go through with the proposition of purchasing Purchase of part of the M.&.B.St.Rwy. Co. property, inasmuch M.&.B.property as he could not get financial backing. Mr. Custance has been investigating Mr.Anderson and reported that Mr. Anderson had purchased several trucks from the Federal Company of Boston, and this Company was to send him a letter of re- commendation regarding Mr. Anderson. Mr. Anderson stated that he would rent the property at the sum of $1200 a year. Mr. Custance felt that this proposition would be a good one for the Town. It was decided that the Board would have to go through with the proposition of purchasing of all of the property, and that stakes would have to be put in showing the new dividing line. Mr. Custance called the attention of the Supt . of Public Works to the fact that the Traffic lights .'' traffic lights have not been lowered as yet and also that the bumper fence on Mass . Avenue has not been removed and placed on Follen Road. Mr. Custance ggreed to communicate with Doors of Town Mr. E. H. Mara in regard to having the doors Offices painted, and rails of the Town Office Building painted. Mr. Custance stated that he had secured a Autobobile for Rolls Royce through Mr. Carl Tarbell for use in 19th of April the Saturday morning parade. parade. The Supt. of Public Works was also Estimate, requested to secure information on the cost of conbtruction, construction of Dexter Road for the next meeting Dexter Rd. of the Board. Dr. Shannon called attention to the Sidewalk, Ill condition of the sidewalk in front of the Cary Cary Memorial Memorial Library and requested that the Supt. Library. of Public Works make arrangements to fix it when additional money is secured for granolithic sidewalks. 120 t7.) Commitment of water charges in the amount of $607.05 was signed by the Board. Commitment of sewer charges in the amount of $428.63 was also signed by the Board. The following is the weekly report of the Supt. of Public Works : For the week ending April 12, 1930. Highway Department . The department cleaned the streets , gutters, dumps, etc. in preparation for April 19th. Street surfaces were patched with bituminous material and several outlying streets were graded and rolled. Work of widening the travelled way in Woburn Street was continued. Next week the department will be occupied with regular maintenance, the widening of Woburn Street and surface patching. Moth & Shade Tree Dept. Gypsy moth nests were treated with creosote on Mass . Ave. , and Lowell Street. A number of trees on the Common were trimmed. Next week the work of cleaning the moth nests will be continued as it is necessary that this work should be done before warm weather sets in. Park Department. Regglar maintenance work was attended to this week and will occupy the department next week. Water & Sewer Department Water Maintenance. Water services have been installed as follows: Rogerson, Homestead Street; Whittemore , cthr. Lincoln St. and Parrett Rd; renewal for Comley, oor. Grant & Sherman Sts . Repaired leak in service to the Lexington Trust Co. Water Construction. Completed the extension on Homestead Street, and a total of 225 ' of 6" water pipe has been laid. We have laid a total of 425 ' 12" pipe in East Street. This job is not complete due to the 121 fact that work was started on Hinchey Road and required all the help available. The East Street extension will be completed within the next ten days. The Hinchey Road extension has been completed, a total of 15241 of pipe has been laid. Sewer Construction. We have laid approximately 50v of sewer pipe off of Massachusetts Avenue in Cedar Street. Sewer Maintenance. We have connected Kelley & Bowker on Massachusetts Avenue with the main sewer. The work contemplated for the week ending April 26th is as follows : completion of East Street extension ; water and sewer services . We started the installation of a sewer service for W.E.Leighton on Tower Street Monday, April 14th, 1930. Engineering Department Highways . Line stakes on Waltham Street beyond Forest Street and at Concord Avenue. Line stakes at "Five Forks" fronting gasoline station. Survey of Valley Road from Bedford Street to B.&.M.R.R. Drainage . Inspection of Vine Brook Culverts. Miscellaneous. Made plan shwwing ownership of lots at Colonial Heights for County Office . Continued Hill Street - Mass. Avenue topo. Yours very truly, William S . Scarnrnan Supt . of Public Works . The meeting adjourned at 12 M. A true record, Attest: 11 G Clerk.