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HomeMy WebLinkAbout1930-12-30i 1 L SELECTMEN'S IEETIVG DECE3:'BER 30, 1930. A regular me -ting ofthe Board of ueiectmen was held at the Selectmen's Boom, ciin Office Ulds-. at 7:30 P.M. Messsrs. Burnhag, Custance, Sh-innon, Trask ,,t.,.? Blake were ,resent. The Supt. of ublic VEorks and the Clerk were also present. At 7:45 P.J. hey-Lring was declare61 open on the application of -Lawrence A. Husted for permission to erect a one car garage on his ;)remises at 36 Kendall Road. dr. Husted was present and ;resented a plan shoeing the 16cat_on of the garage and stated that it was a one car metal garagd that he detired to build. He stated that property he had nine fruit trees and he did not want to remove them in order to build the garage. Therefore he was placing the garage in the location that wus best suited to avoid the trees. Mr. IcElman stated th.gt he objected to the location of the gar .ge in asmuch as it ,mould be ander the windows of two of his rooms. He felt that there �;�as .considerable space where Ir. Husted could. _gut the building rather than elating it under his nose, j1e felt thet Ir. Husted would have to remove some of hi. trees any way in order to place the garage where he intended to. NIr. Husted t -ted that if he )ut the garage beck twenty feet that ivir. 'i:!Elman would look out o:� his liv-ng ror.m and -iazza at the g.arae and he felt that ;,,lacing it back would i:;e �.ess objectiondble. The Board decided to '_ook the )remises over before deciding whether or not to grant the permit. The Board vot^d to abate the highway betterment tax against V ii_'.iam E. White on BertWe''l rid.. in the amount of ,$748.31. lir. Trask re'orted•having written a letter to lir. F. L. Emery that thA County Commissioners did not admit any liablilty in the cage of lArs. Henry A. Turner when she tri -Ped over a stake that S-ra: placed on the ?property of the Old ?eo ale's Borne on U,.ss. Ave. and therefore he did not believe that there was any responsibility as far as the Town was concerned. Abatements in the amount of 910.85 for the Sewer Dept. and for the Vater De t. in the amount of $337.44were� ignedi by the Board. Abatements for the '!eater Dept. in the amount of $518.57 and the Sewer 'Dept. in the amount of $361.64 were s2gned by the Board. 379 Husted garage. on his Abatement. Letter was received from E. A. Lord & Go. stating that they had endorsed the boiler policy to cover the two sectional boilers at the Franklin School on Allen St. Turner cane . Abatement. Letter was received from D. J. O'C+)nnell in which he called attention to the guaranty on the John Stack property on Grant Street and that the widow was endeavoring to have , the estate settled and asked him whether or not the town would release the Stack estate from further liability on the bond. The Board had the information at hand from the Water. Water Dept. and forwarded the information to Mr. O''Connell Guaranty, informing him-that the Supt. .of Public Works gave a figure J.Stack of $150 to George H. Bruce, Administrator of the Stack Estate to settle the gua-minty bond. The information was also forwarddd to Nr. Bvuce. Letter was received from Carl Hauck of Harbell Reopertt g Street asking if the Board would reopen a part of the Old of Old County Road off Cedar Street as a public highway. C�{unty Nothing was done about the matter. Road. .Letter was received from Mr. John C. Phelps Acceptance 42 Percy Rd., Lexington, asking for the acceptance of of Fletcher Avenue. The form fdr the estimate of the cost Fletcher of construction of Fletcher Avenue was sent to Mr. Phelps. Ave. Letter was received from the Town Counsel in which he stated M-. Owen, Attorney for the Ryders, declined to inform the Court whether he would'answer or demur and gave every indication of taking full advantage of any further opportunities for delay. he did not state ' definitely whetHter or not he intended to apply to the Ryder Supreme Court for a re-hearing. The Counsel suggested case* that the Board adopt a formal vote ratifying the action of the Chairman in instructing him to proceed to file a bill in Equity against C. W. Ryder and Ryder Stock Farm, Inc. to enforce the order of prohibition of the Board of Health. The Board voted to ratify the action of the Chairman under date of 'pec. 1$, 1930, in.-instructing the Town Counsel to proceed to file a bill in Equity against Charles W. Ryder and Ryders Stock Farm Inc. to enforce the order of prohibition of the Board of Health heretofore issued, a copy of which is as follows: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT Equity # �\. TOWN OF LEXTr•TGTON J v, w _. j CHARLES W. R=R, ET AL BILL OF COPS".PLAINT The Town of Lexington, a municipal corporation in 381 Middlesex County, plaintiff, brings this bill of complaint ' against Charles W. Ryder of Newton in the said County and Ryder's Stock Farm, Inc., incorporated under the laws of Massachusetts, anr' havin€r a usual placf> of business in the said Lexington, defendants, and for cause alleges as follows: I. On April 30, 1929 the Board of Selectmen of Lexington, acting as a Board of Health under sec. 143 of Chapter 111 of the General Laws, and of every other power them thereto enabling, prohibited the exercise of the trade or employment of keeping swine upon the premises of the Ryder's Stock Farm Inc.and Charles W. Ryder on Waltham Street, Lexington, lliassachusetts. 2. Thereafter, on May 8, 1929 the defendants filed a petition for trial by jury under General Laws, Chapter 111, sec. 147 with respect to t:l:e said order of prohibition, being ,71433 on the docket of this court. The said' trial by jury was held, and on October 29, 1929 the jury affirmed the order of prohibition against the petitioners issued on April 30, 1929, which verdict was affirmed by this court on the same day. 3. Thereafter the defendants as plaintiffs in the said petition filed their bill of exceptions which was allowed by the court April 8, 1930 and thereafter was duly entered in and heard by the Supreme Judicial Court who issued a rescript overruling the said exceptions. 4. The defendants, or one of the, in violation of the said order of prohibition,are still exercising the trade or employment of keeping swine upon the premises of the Ryderts Stock Farm, Inc. and Charles W. Ryder on Waltham Street, Lexington, Massachusetts. WHEREFORE the plaintiff prays (1) that the defendants be restrained Jay the order and injunction of This Honorable Court, pending the determination of this suit, from continuing to.azercise the said trade or employment of keeping swine on the premises of the Ryder's Stock_ Farm, Inc. and Charles W. Ryder, or either of them, on Waltham Street, Lexington, Massachusetts; (2) that the defendants and each of them be permanently enjoined by the order and iniunction of This Honorable Court,. from continuinT to exercise the said trade or'employment of keeping swine on the premises of the Ryder's Stock Farm, Inc. and Charles W. Ryder, or eitherof them, on Waltham Street, Lexington, Massachusetts. (3) and for such other and further relief as the nature of the case may require. 382 By its attorney, S. R. Wrightington, Town Counsel Commonwealth of Massachusetts Middlesex, ss. On this 18th day of December, 1930 personally appeared Albert H. Burnhaxi, Chairman of the Board of Selectmen of the sown of Lexington and made oath that the allegations of fact contained in the foregoing bill of complaint are true, before me, John H. Kane Notary Public. Voted: That the Board of Selectmen hereby authorize the Town Counsel to allow the Ryders Stock Fam Inc. and Charles au. Ryder to continue keeping swine on the premises owned by them on Waltham Street, Lexington, Mass. until May 1, 1931, but on and after that date the pigs must be removed from the premises. Letter was received from W. H. Ballard in which he stated that he would be.glad to assist the Board in continuing negotiations with the Scott Tea Co. and with the Boston & Maine Railroad. Mr. Ballard alsostated that he would be glad to assist the Town Counsel in the O'Connell matter unofficially, and he felt that the experts informally employed by the Town should be used in that case. He stated that he would be willing to suggest a name for consideration to serve as an expert. The Board voted to azthorize William H. Ballard to continue ne?otiations for future plans of the BW re widening of Massachusetts Avenue in front of the Scott Tea Co. property of the Scott Tea Company and also in front of the Boston & Maine Railroad property. Letter was received from Mr. S. R. Wrightington enclosing bills for services in the Greenblott Case and the Heaney case, in the amounts of $124.15 and $ 63.75 respectively. He also enclosed a check from D. J. 0►Connell for $35.40 endorsed to the Town for costs and Bill for disbursements in the (lreenhlott case. He stated that in Heaney & the Heaney case the offending structure has been removed, Greenblott but there is a use of the building which violates -Case. the Building_; Laws, and Mr. Tibbetts has been trying to arrange to pursuade Mr. Heaney to abandon that use. Public Bids on the plumbinr- at the Public Works Dept. Works were received from Jospeh W. Buckley in the amount of Dept. $480.50 and the Lex. Piu.mbi^g & Heating Co. Inc. in the Bldg. amount of $420. Plumbing The Supt. of Public Works recommended that the Bids. rid be awarded to the Lexington Plumbing & Heating f -o. and the Board so voted. 1 383 The Board voted to give the Clerk blanket authority Renewal of to renew all insurance coming due during_ the year that Ins. are renewals. of the State, and he stated ' Mr. Trask reported a conference with Mr. Bedros that if an amendment; calling by the Board of Selectmen it Bashian in regard to the settlement of damages for land taken in connection with the relocation of Mass. Ove. Bashian He reported settlement with'Mr. Bashian for $400 and Mr. land Bashia- signed t_ -e necessary papers releasing the Town dama?es. from further dama?es. regulations and they already State Aid payroll in amount of $12. was signed State -the by the Board. Aid. The petition of the E.E.I.Co. to set and remove one E.E.I.Co. pole on Vine St-eet at Woburn Street was granted by the pole. Board. to the fact that.the Town of Letter was received from the Town Counsel in regard to the traffice regulations which were sent to him. He stated Traffic that the automatic traffic light regulations were not an Regulations amendment to the parking regulations which had been adopted by the Board previously and they did "t provide a penalty. Mr. T. A. Custance reported that informed him that he had an accident Marrett Road and Lincoln Street on a and he requested that traffic lights location. The. Board decided to inform Dr. would have a traffic count made. 17r. J. Odin Tiltion at the corner of stormy, icy night be placed in that Tilton that they ' Mr. Custance also reported that he had a conversation with Miss Ellen Stone in regard to takirig her property for school p:irposes. After considerable effort on his part, she informed him that; if the Board would make an' offer to her she would consider it. After viewing the plan showing this property and considering the land Coasting. Request for traffic lights. ' The Clerk had taken the matter up with Mr. Halsey of the Traffic -Signal Dept., of the State, and he stated ' that if an amendment; calling by the Board of Selectmen it for a penalty was adopted would have to be se t in to, them for approval. He stated that the reason thawas not included in the regulations adopted by the 3oaf;d-of Selectmen was that tome Towns amend the regulations and they already have included a penalty. The matter of coasting on the streets in the Town was discussed inasmuch as the Chairman called attention to the fact that.the Town of Arlington prohibited coasting except on.certain streets and provided a police officer to protect the coasters. The 3oard discussed the matter and decided to sand the entrance of the various streets snch as the streets entering onto Meriam Street to protect the children from coming onto the main hirchway where there is considerable traffic, but not to prohibit coasting. Mr. T. A. Custance reported that informed him that he had an accident Marrett Road and Lincoln Street on a and he requested that traffic lights location. The. Board decided to inform Dr. would have a traffic count made. 17r. J. Odin Tiltion at the corner of stormy, icy night be placed in that Tilton that they ' Mr. Custance also reported that he had a conversation with Miss Ellen Stone in regard to takirig her property for school p:irposes. After considerable effort on his part, she informed him that; if the Board would make an' offer to her she would consider it. After viewing the plan showing this property and considering the land Coasting. Request for traffic lights. 384 (2020001) to be taken, the Board decided to offer Miss Stone" -1500 for this land, they to put up a .fence be- tween her property and the School p,,operty. Mr. George M. Ross, Chariman Aopropriation Committee, camt.bPfore the Board and requested that they be given at least the tentative estimates of the various departments Estimates/so that they might begin to study the appropriations for for 131. 1931. The Board decided to consider the tentative estimates at their meeting on Tuesday evening next. Hearing was declared open at 8 o'clock P.M. on the application of the Lexington Burial Park Association for permission to establish a public cemetery on the property known as the Lexin7ton Park Property. A joint hearing of the Board of Health and the Board of Appeals was held. The following members of the Board of Appeals Public were present. Messrs. Maddison, Chain-rnan; Baldrey, Clerk; Cemetery Slocum, Glynn and Custance. Hearing. 'The Clerk of the hoard of Selectmen acting as a Board of Health read the notice of the Board of Health regarding this hearing. The Clerk of the Board of Appeals read the notice of the Board of Appeals of the hearing. The Chairman of the Board of Health then proceeded to hear the evidence on behalf of the annlia?�tiO4 Mr. Ellsworth in interest of the Lexington Burial Park Association, stated that the Town woild not be asked to take this 1_2 acres of.land o.it of taxation inasmuch as they would be willing to pay an assessment equal to 100-9 of the value of the property. He stated th�it the intention of this Association was to establish a park that would have on the 100 - 200 feet of frontage a park so that the entrance would not look like the ordinary type of burying ground; that it was their intention to establish also a mausoleum which will look similar to a city block. He felt that the people who own property adjacent would be benefitted by the establishr-ent of a cemetery and It wo,zld increase the value of their land. He felt that the cemetery would be a benefit to the Town inasmuch as it would give employment to a number of persons and the /.Association itself desired to have local interests connected with it. The ma.a.solean intended to be built would probably be a proposition of about 2509000 and it would draw people here from other cities. Mr• Maddison inouired whether or not this Corporation was incorporated at the present time, and he was informed that it was not, also that they did not bwr_ any other . cemetery. Mr. Ellsworth stated that he was the prime mover in establishing corporations of this kind, and that it was for financial gain. The size of the mausoleum should be able to take care of 1000-2000 cri3pts. One crypt is the same as one internment. A building taking care of 1000 crypts would pr.dbably be about 150 feet long and 150 f@et wide. 1 1 385 Mr. Ellsworth stated that the application of Mr. Samuel O'Connell had no connection whatever with his application. ' He stated that the whole pi-operty intended to be purchased for the cemetery would coni;ain about 37 acres of land, 12 acres of which comes within tre limits of the Town of Lexin-yton. There had been no hearin;-e on the land located in Pedford, questioned as to what '*uarantee the Town would have that they would be able to carry on, he stated that tt the present time they have local people who are interested'`in taking shares in this .proposition and there never has been in the United States any occasion where a cemetery o" this kind has failed. up. Asked whether or not the people would prefer a private burial ground to a Town burial ground, he suited that he did not intend to solicit very much business from the Town of Lexington, but he expected most of the burials would come from out of Town except those who wished to use the mausoleum or the crematory. Up to the present time they did Mot hive any inform -tion from the Town of Bedford as to whether or not a permit would be g --anted to them in that Town. Mr. Ellsworth stated that if the permit were not received from the Town o� Bedford there would probably not be sufficient property for the burial p-Lrk. lie stated that 10%,of all income is sufficient to take care of,the ordinary ,maintenance of a cemetery. They would set asirle a sinking fund which would be held in the local bank. ' Asked whether or not it was their intention to have tomb stones, they stated that U)ere probably would be a' minimum as to the size of the stone that might be used and one side of the cemetery would be also set apart, wherein nothin:, but markers would be used.- They have formerly been interested in eemeteries.;in.Reading, Pennsylvania, Pinegrove Cemetery in Waterbury, L'onn. Highland Burial Park in Prov. R. I. and also one in Milwaukee. The Atlantic National Bank is the present owner of the property in question. The proposed capital of the Association would be $100,000. Mr. Walter F. Jones, Winter St., inquired whether or not there 'would be any odor from the crematory,, and he was informed that there woald not be. The crematory would be in the base,ient of the mausoleum which would be a stone building. Mr. Frank A. Faulkner brought up the question as to whether or not the water in this section would be polluted by the establishment of a cemetery, inasmuch as most of the people in the locality depend upon their wells. The Board agreed to have the Engineer ng Depti look up this matter to see whether'or not the drainage would naturally flow from the Cemetery to contaminate the wells. questioned as to whether or not the Shawsheen cemetery had any connection with this cemetery, Mr. Raloh H. Marshall informed the meetin that the Shawsheen cemetery was a Town cemetery. Mr. Faulkner stated that Vie, was spea',�ing for many other resi,'ents of that section as they were not able to speak for 'themselves and therewere a crreat many present, and they honed that the Board would not grant the petition. There are not two cemeteries in that location and the 386 establishment of a new cemetery would spoil the land for , building purposes. The people in th t vicinity hoped to continue to live there. Mrs. Annie L. Donovan of Somerville, stated that she owned some land there and she intended to build, but if another cemetery is established she might not consider it worth while to build'.inasmuch as she did not care to look out and see a hearse near her every day. Her property is located on Hazel Road. Mr. Norman D. MacIntyre of Somerville stated that he had bought some land four years ago and intlanded some day to build and make his dome in Lexington,,but he felt that the establishment of a cemetery would keep him from doing so. Mr. Atherton of Somerville stgted that he had two or three lots of land facing Bedford Street and he had planned:to build two or three houses, and he felt, like a lot of other people there, that a cemetery would not iaTzrove conditions. There were only three lots between his and the Lexington Park. He asked whether or not the property was taxable and he was informed that legally it was not taxable, Ile therefore stated that he could not sea where the Town would proi'it. Mr. Faulkner,felt that the people now living there would be forced out if there were too marry cemeteries ' placed in the locality. Mr. Ellsworth felt that two cemeteries now located as they,afe, that it would not effect the homes inasmuch as this new cemetery,contemplated would take the territory between the two cemeteries.now existing. Mr. Maddison inquired of Mr. Atherton the value of the house he intended to build. fir. Atherton stated that he did not believe very much of a house could be built for $5000. Mrs. Louise & Annie DeVitto, Everett, objected to the establishment:of a cemetery. , Mr'. Harold G. Wright, James St., Lexington, stated that he owned five or six acres of land op�osite the property in question and he would not like to' see a cemetery located there.. Mr. Warren S. Griswold, 479 Linden St., Malden,stated that he still had some lots in his development which had not been sold and he objected. Da. A. Pfeiffer of Lexington, and New York registered his objection inasmuch as h� owned property in th-tt vicinity. `1'he objectors registered their names as follows; Norman D. MacIntyre, 54 Marshall St., Somerville, John V. Roma; •11 Glenwood .Rd. Somerville. Ma -trice J. Fc Catherine 1". O'Connor, 22 White St. Somerville. Frank A. Faulkner, Winter St., Lexington. Harold G. Wright, James St., Lexington. h�nerson Ernst, 90 Pe,irl St., Somerville. Evelyn LiT. Maxwell, 73 Grant St., lyialden Noble C. Wentzell, 19 Jacques St. So-,erville. Mr. Edward Wood and Mr. Georgie Ii. Gibson, Cemetery Com- 38 missioners were present. Mr. ',Hood stated, on behalf of the Cemetery Commislioners, that they were opposed to a location of a cemetery at the present time as they felt it would be a detriment to the Westview Cemet^ry. Hearin7 was declared open on the application of Samuel O'Connell, 50 Peter, oro St. , F3oston for permission to establish a public cemetery on the property knpwn as the Lexington S. O'Con- Parr property. The Clerk of t:he Board of Select,.en, acting nell app - as 4 Board bf Health, read the notice of the hearing.. The lication Clek of the ?bard of Anpeals read th-- no', -,ice of the Board for of _ZDeals hearing; the h-aring was held jointly. ceme- tery. Mr. O'Connell did not a_oDear, nor did anyone a7oear on his behalf. The persons who objected to t ­_e establishment of a cemetery for the LexinfTton Burial Pa -7k Assoc. also objected to the establishmentof a cemetery by Sa_nuel C'Connell, and registered the same objections. The hearinr� was declared closed. The Board of Appeals and Board of Health discussed the applications jointly. They considere? t=,at the objection with the exception of the objection from Mr. Wright, came from people who were non-residents of the Town and who owned small lots of land and most o` them have not even built upon t_e lots. At the present stage of development of this territory it has not proved very beriefic-i_al to the 'down and any further development would probably be of the same nature. The Board of Health agreed to secure the information relative to the drain --ire of this section in connection with its:''detriment to the wells used by the people already in tt e locality, and the. Board of Appeals decided to hold a hearing January 23, 1931 after viewing the premises in the meantime, to duscuss the matter in connection with mak�tg a decision on the ap--)lications. The following is.the weekly report of the Supt. of Public Works. For the week ending January 3, 1931. HIGHWAY DEPARTT"FNT The entire department was occuoied with snow removal and sanding streets. Next week the regular maintenance work will be attended to unless it will be necessary to remove snow. MOTH a, SH DE TRhE DEPT. Gypsy moth nests were treated with creosote and work done at the new quarters. I . Next week the work of treatinr moth nests will be continued. PARK DEPARTMENT ReguAar maintenance work attended to and will be looped after next week. WATER & SEP'dER DEPART?K,ETdT Water Maintenance Five men have been shovelling snow from hydrants. Moved stock from old shop to new Public Works Bldg. Water Construction We have laid 300 feet of 10" pipe in Wood Street. The work conteraplated for the week ending January 17th is as follows: Wood Street, water and sewer services,ete. ENGINEERING DEPARTMENT Highways Staked out Wood Street line at Syer property: S.aked out proposed Mass. Avenue lots at Gavin -Kane properties. Staked out Hill Street lines near Cedar Street. Made borings on Lincoln Street proposed lines, Drainage Continued plotting of Mien Brook survey from Hayes Lane to North Street. Sewers Mapped out.1930 sewer construction work for appoint- ment with Metropolitan District Oommittee, January 5th. Miscellaneous Made street and lotting study adjacent to Burrill and Dix Lumber Company properties. Statted work on 1930 Town Repo -t. Indexed plans for office record. Yours very truly, William S. Scamman , Supt. of.Public Works. The meeting adjourned at 11:15 P.M. A true record, Attest: Clerk. For the week ending Dec. 27, 1930. Highway Department The department has been obliged to Pi ve the greater part of its time to the removal of snow, although the necessary maintenance work was attended to. Next week the regular maintenance will be looked after as well as any snow removal. MOTH R-. SHADE TREE DEPT, Gypsy moth nests treated with creosote and equip- ment moved to new quarters in the Public Works Building. Next week the department will be occu7A ed with the regular moth work. PARK P.EPART',.I,'NT The regular maintenance work was attended to and will be carried on next week. WAT '?? AN'j SF-XF.R DEPARTT"ENT Water Maintenance P?ovin stock to 'ublic Works Building. Two men working for the Highway Department on Hill Street with compressor. Water Construction We have laid a total of 6113 feet of 8" and 10" pipe in Wood Street to date. The work contemplated for the week ending Jan. 10th 1931 is as follows: Wood Street, water kc sewer services, etc. ENGINEERI"?r DEPART''r;NT Highways. Check survey of Grant Street. Drainage Survey for location of Vine Brook from Hayes Lane to beyond North Street. ' Survey and levels for Park Department closed drain from Clarke Street westerly to playgro nd road. Park Departrient Survey for additicnal taking at Hamblin property. MIS CELLANEOUS Study of Mass. Avenue layout adjacent to Kane and ' Gavin properties. Study for layout over and adjacent to Barnes property (near Follen Church.) One man (entire week) on water construction work at Wood Street. Yours very truly, William S. Scamman Supt. of Public Works. A J Ll