HomeMy WebLinkAbout1930-12-30 379
.. W S MEETING
u
DECEBER 30, 1930.
A regular meeting of the Board of uelectmen was held
at the Seledtmen' s Room, 1c.wn Office Dld . at 7 30 P. S.
Messsrs. Burnhaxg, Custance, Shannon, Trask aryl Blake were
,resent. The Supt. of eublic 1Eorks and the Clerk were
also present.
At 7 45 P.M. hearing was declared open on the
application of Lawrence A. Husted for permission to
erect a one car garage on hi; Aremises at 36 Kendall Road. Husted
dr. Husted was present and presented a plan showing garage.
the lthcat on of the garage and stated that it was a one
car metal garagd that he desired to build. He stated that on his
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 was best
suited to avoid the trees.
Mr McElman stated thgt he obj-cted to the location
of the gar ge in ismuch as it would be under the windows
of two of his room . He felt that there considerable
space where Ir. huste] ceuid eut tae building rather than
pacing it under his nose. Ile fe_t that Ir. Husted would
have to remove some of hi trees any way in order to
place the garage where he intended to.
Ur. Husted at ted that if ne zut the garage b ,ck
twenty feet that Mr. 'vT Elman would look out o his
livrng room and iazza at the gar aee and he felt that
lacing it back would be les objectionable.
The Board decided to lock the iremises over before
deciding whether or not to grant the permit.
The Board voted to abate the highway betterment Abatement.
tax against 1.i17iam E. ceite on Bert" e _1 Ito. in the
amount of , 748.31.
Mr. Trask re orted having written a letter to
Mr F. L. Emery that the County Commissioners did not
admit any liaelilty in the c -a..e of Mrs Henry A Turner
when she tr peed river a st ece that wa._ placed on the Turner
eroperty of the Old ='eople t s Home on Mss Ave and case .
therefore he did not believe that there was any
responsibility a, far as the Town was concerned
Abatements in the amount of $10.85 for the Abatement.
Sewer Dept. and for the later De t. in the amount
of $337.44were igned by the Board.
Abatements for the Water Dept . in thH amount of
$518.57 and the Sewer Dept . in the amount of $361.64
were s fined by the Board.
Letter was received from E. A. Lord & Co. stating that
they had endorsed the boiler policy to cover the two
sectional boilers at the Franklin School on Allen St.
Letter was received from D. J. O 'Ctnnell 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 l'own
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 guaranty bond. The information was
also forwarded to Mr. Bruce.
Letter was received from Carl Hauck of Harbell
Reopen ng 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 fbr 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 nbt state
definitely whet} er 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 ander
date of 'Thee. 18, 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 neretofore issued, a copy
of which is as fo13ows
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss . SUPERIOR COURT
Equity #
TOWN OF LEXINGTON
v.
CHARLES W. RY':ER, 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 , and having, a usual place of
business in the said Lexington, defendants, and for
cause alleges as follows
1. On April 30, 1929 the Hoard of Selectmen of
Lexington, acting as a Board of Health under sec.
143 of Chapter 111 of the ( e.neral 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, idassachusetts .
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 tie 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
111 the court April 8, 1930 and thereafter was duly entered in
and heard by the Supreme Judicia' Court who issued a rescript
overruling the said exceptions.
4. The defendants, or one of the, in vitiation of the
said order of prohibition,are still exercising 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, 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 exercise
the said trade or employment of keeping swine on the
premises of the Ryder's Stock Furm, Inc. and Charles W.
Ryder, or either of them, on Waltham Street, Lexin?ton,
Massachusetts ;
(2) that the defendants and each of them be
permanently enjoined by the order and injunction of This
Honorable Court, from continuin: to exercise the said
trade or employment o{' 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 .
( 3) and for such other and further relief
as the natu'e of the case may require.
382
S
By its attorney,
S . R. Wrightington, Town Counsel
Commonwealth of Massachusetts
Middlesex, ss .
On this 18th day of December, 1930 personally
appeared Albert H. Burnham., 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 Farm Inc. and
Charles h. 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 alsostited 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 aithorize William H. Ballard
to continue nezotiations for future plans of the
Ba9lar_ 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.
O'Connell for $35.40 endorsed to the Town for costs and
1 Bill for disbursements in the Greenhlott case . He stated that in
Heaney & the Heaney case the offendin 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 plumbing at the Public Works Dept.
Works were received from Jospeh W. Buckley in the amount of
Dept. $480.50 and the Lex. Plimbi7g & Heating Co. Inc. in the
Bldg. amount of $420.
Plambing The Supt. of Public Works recommended that the
Bids . hid be awarded to the Lexington Plumbing & Heating
rte`. and the Board so voted.
383
The Board voted to give the Clerk blanket authority Renewal of
to renew all insurance coming due darine the year that Ins .
are renewals .
Mr. Trask reported a conference with Mr. Bedros
Bashian in regard to the settlement of damages for land
taken in connection with the relocation of Mass . ave. Bashian
He reported settlement with Mr. Bashian for S400 and Mr. land
Bahian signed tee necessary papers releasing the Town damaa...es .
from further damages .
State Aid payroll in the amount of $12. was signed State
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.
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 regllations which had been adopted
by the Board previously and they did wet provide a penalty.
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 for a penalty was adopted
by the Board of selectmen it would have to be sea in to ,
them for approval. He stated that the reason thattwas not
included in the regulations adopted by the Boafdof Selectmen
was that some Towns amend the regulations and they already
have included a penalty.
The matter of coasting on the streets in the Town
was discussed inasnuch 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 . Coasting.
The Board discussed the matter and decided to sand
the entrance of the various streets sash as the streets
entering onto Meriam Street to protect the children from
coming onto the main hiThway where there is considerable
traffic , but not to prohibit coasting.
Mr. T. A. Custance reported that Dr. J. Odin Tiltion
informed him that he had an accident at the corner of Request
Marrett Road and Lincoln Street on a stormy, icy night for
and he requested that traffic lights be placed in that traffic
location. lights.
The Board decided to inform Dr. Tilton that they
would ha7e a traffic count made
Mr. Custance also reported that he had a conversation
with Miss Ellen Stone in regard to taking her property
for school parposes . After considerahle 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 oroperty and considering the land
_ _
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84
WOO
ri
41001'
nO,+4
(202000) 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 property.
Mr. George M Ross, Chariman Appropriation Committee,
came• before 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 '31. 1931.
The Board decided to consider the tentative estimates
at their meeting on Tuesda7 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 Lexington 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, Chairman; Baldrey, Clerk;
Cemetery Slocum, Glynn and Custance .
Hearing. The Clerk of the Poard 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 o' Appeals of the hearing.
The Chairman of the Board of Health then proceeded
to hear the evidence on behalf of the application Mr. Ellsworth
in interest of the Lexington Burial Park Association
stated that the Town world not be asked to take this 12
acres of land oat of taxation inasmuch as they would be
willing to pay an assessment equal to 100'g of the value
o± the property. He stated that the intention o " 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
establishment of a cemetery and It would 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 mausoleum intended to
II` be built would probably be a proposition of about $250,000
and it would draw people here from other cities .
M . Maddison inquired whether or not this Corporation
was incorporated at the present time , and he was informed
that it was not, also that they did not own 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 cr pts. One crkpt is the
same as one internment. A building taking care of 1000
crypts would probably be about 150 feet long and 150 feet
wide.
385
Mr. Ellsworth stated that the apolication of Mr. Samuel
O' Connell had no connection whatever with his application.
He stated that the whole property intended to be purcnased
for the cemetery would coni am about 37 acres of land, 12
acres of which comes within tre limits of the Town of
Lexington. There had been no hearin- on the land located
in Pedford. questioned as to what 7uarantee the
Town would have that they would be able to carry on, he
stated that at 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 o4' this kind has failed up.
Asked whether or not the people would prefer a private
hJrial ground to a Town burial ground, he stated that he
did not intend to solicit very much business from the Town
of Lexinaton, 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 not hive
any information from the Town of Bedford as to whether or
not a permit would be granted to them in that Town.
Mr. Ellsworth stated tnat if the permit were not
received from the Town o- Bedford there would probably
not be sufficient property for the burial park. ne stated that
lag of all income is sufficient to take care of. the ordinary
maintenance of a cemetery. They would set asioe 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 there 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 nothing but markers would be used. They have
formerly been interested in Cemeteries in .Reading,
Pennsylvania, Pinegrove Cemetery in Waterbury, Conn.
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 woald be 5100,000.
Mr. Walter F. Jones , Winter St inquired whether
or not there Would be any odor from the crematory, and
he was informed that there would not be. The crematory
would be in the base dent of the mausoleum which would
be a stone building.
Mr. I. rank 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 Dept
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 6hawsheen cemetery
had any connection with this cemetery , Mr. Ral )h H. Marshall
informed the meetinr; that the Thawsheen cemetery was a
Town cemetery.
Mr. Faulkner stated that her, was speaking for many
other resi ents of that section as they were not able
to speak for themselves and therewere a great many present ,
and they hooed tat the Board would not grant the petition.
There are no* 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 intended some day
to build and make his home in Lexington, but he felt
that the establishment of a cemetery would keep him from
doing so.
Mr. Atherton of Somerville stated that he had two or
three lots of land facing Bedford Street and he had
plannedto bui_d two or three houses, and he felt, like a
lot of other people there, that a cemetery would
not improve 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 see where the Town would profit.
Mr. Faulkner felt that the people now living there
would be forced out if there were too many cemeteries
placed in the locality.
Mr. Ellsworth felt that two cemeteries now located
as they ate, 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 opi.,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.
De. A. Pfeiffer of Lexington, and New York registered
his objection inasmuch as he owned property in that sicinity .
The objectors registered their names as follows :
Norman D. Maclntyre, 54 Marshall St. , Somerville,
John M. stoma, 11 Glenwood .Rd Somerville .
Ma.zriee J, F- Catherine F. O' Connor, 22 White St. Somerville .
Frank A. Faulkner, Winter St. , Le ington.
Harold G Wri :ht, James St , Lexington.
Everson Ernst, 90 Peirl St. , Somerville.
Evelyn M. Maxwell, 73 Grant St . , ivlalden
Noble C. Wentzell, 19 Jacgzes St. So erville.
Mr. Edward Wood and Mr. George H. Gibson, Cemetery Com-
387
missioners were present. Mr. Wood stated, on behalf of the
Cemetery Commistioners, that they were oppose ' to a location
of a cemetery at the present time as they Felt it would
he a detriment to the Westview Cemet' ry.
Hearing was declared open on the application of Samuel
O' Connell, 50 Peter oro St . , Boston for permission to estahlish
a public eenetery on the property known as the Lexington S O'Con-
Park property. Th,, Clerk of the Boird of Select .en, acting nell app-
as a Board Of Health, read the notice of the hearing. The lication
Cle k of the Poard of Appeals read th notice of the Board for ceme-
of Repeals hearing ; the hearing was held jointly. tery.
Mr. O 'Connell did not appear, nor did anyone a pear on
his behalf.
The persons who obiected to t e establishment of a
cemetery for the Lexington Burial Park Assoc . also objected
to the establishment of a cemetery by Samuel O ' Connell,
and registered the same objections .
The hearing 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 lind and most of them have not even Guilt
upon t e lots . At the present stage of development of this
territory it has not proved very beneficial to the town and
any further development would probably be of the same nature.
The Board of Health agreed to secure the information
relative to the draini -e of this section in connection with
its detriment to the wells used by t;ie people already
in tte locality, and the 13oard of Appeals decided to hold
a hearing January 23, 1931 after viewing the premises in
the meantime , to duscuss the matter in connection with
making a decision on the applications .
The following is the weekly report of the Supt. of
Public Works .
For the week ending January 3, 1931 .
HIGHWAY DEPARTMENT
The entire department wa8 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 Q• SH DE TREE DEPT .
Gypsy moth nests were treated with creosote and work
done at the new quarters .
Next week the work of treating moth nests will be
continued.
PARK DEPAPTMENT
Regular maintenance work attended to and will be
looked after next week.
388
WATER & SEWER DEPARTMLITT
Water Maintenance
Five men have been shovelling snow from hydrants .
Moved stock from oil shop to new Public Works Bldg.
Water Construction
We have laid 300 feet of 10" pipe in Wood Street .
The work contemplated for the week ending Janu ry
17th is as follows Wood Street, water and sewer services,etc.
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 Stnet.
Mede oorings on Lincoln Street proposed lines ,
Drainage
Continued plotting of Vien Brook survey from Hayes
Lane to North Street.
Sewers
Mapped out 1930 sewer construction work for appoint-
ment with Metropolitan District L'ommittee, January 5th.
Miscellaneous
Made street and lottingBurrill
study adjacent to
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 Rive 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 he 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 occupied with the
reRllar moth work.
PARK PEPART1 NIT
The regular maintenance work was attended to and
will be carried on next week.
WAT R AND SEWFR DEPART-TENT
Water Maintenance
Movin7 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 k sewer services ,
etc.
ENGINEERINr DEPART ENT
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 playground road.
Park Department
Survey for additional taking at Hamblin property.
i4
MISCELLANEOUS
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.
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