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HomeMy WebLinkAbout1931-03-31 468 SELECTMEN'S MEETING MARCH 31, 1931 A regular meeting of the Board of Selectmen was held at the Selectmen's Room, Town Office Building, at 7 :30 P.M. Messrs. Trask, Custance, Shannon, Blake and Gilcreast were present. The Clerk was also present. The Board voted to approve the license for a miniature Golf golf course known as the Battle Green Miniature Golf Course, located at 39 Bedford Street, for Sunday golf on every Sunday License from April 19th to November 1, 1931, from one o'clock P.M. to eleven o'clock P.M. Robert Hearing was declared open at 8 o'clock P.M. on the Watt ,application Of Robert Watt for permission to construct a private garage on the rear of the premises at 86 Bedford garage. Street. No persons appeared to object, and it was voted to grant permission provided the Building Inspector approves the permit. The following special police were appointed by the Board: Michael Hotz Lowell St. Mark Dodd Sherman St. Dennis H. Collins Cottage St. Alex Ohlson 88 Bedford St. Special Leonard Jellis Ward St. Police. Charles M. Blake York St. Edward W. Taylor 49 No. Hancock St. Edward J. Hogan Cambridge Water Basin, Lincoln Charles A. Manley 67 Woburn St. John J. Garrity 9 Hancock St. Russell I. Prentiss 8 Hillside Terrace David McPeake 2 Chandler St. Arthur N. Maddison 15 Winthrop Rd. Ralph H. Marshall 1844 Mass. Ave. Alfred Emerson' Grove St. Henry S. Raymond 16 Clarke St. Charles E. Hadley 502 Mass. Ave. George E. Simonds 8 Adams St. John G. Fitzgerald 20 Bedford St. John Fo_dano 62 Muzzey St. Edward A. Garrity 9 Hancock St. John Campbell E.E.I.Co. 39 Boylston St.Boston Charles E. Moloy Webb St. James H. Russell 55 Bedford St . John E. Gilcreast 55 Waltham St. Robert P. Trask 2118 Mass. Ave. Theodore A. Custance 70 Bedford St. Hallie C. Blake 50 Meriam St. Clarence Shannon Edgewood Rd. William S. Seaman 2016 Mass . Ave. Albert A. Ross 56 Waltham St. 469 Mrs. Bridget leery came before the Board and presented a plan showing the survey made by Frank P. Cutter of her land at the corner of Vine & Woburn Sts. She explained that the Edison Company, some years ago, paid her $15. for the privilege of placing a pole on the small triangular plot of land at the junction of Vine & Woburn Sts. They have now placed the pole in on the main part of her property, and when she communicated with them, they stated that they had Bridget Leary permission from the Town to do so . She did not believe re pole. that the Company had any right to place the pole there and desired to have the Board inform her whether or not the pole came within the street line. As shown by the plan she had on hand, it came on her own property. The Board took the plan from Mrs . Leary and agreed to return it after a copy had been made by the Engineer, and agreed to let her know about the matter as soon as possible. The Town Engineer informed the Board, when instructed to look into this matter, that it would take a long time for him to get any information inasmuch as the Board of Survey lines laid down on Vine Street are very poor, and he doubted if he could find the lines from the information at hand. However, he would see what he could do. The Board voted to instruct the Town Engineer to study Vine Street its entire length in reference to changing the Board of Survey layout, and that he be instructed to bring in a report not later than 60 days. The following were appointed members of the Board of Appeals for the year ending March 31, 1932: Board of Arthur N. Maddison, C. Edward Glynn, Roland W. Appeals Baldreys Theodore A. Custance and Curlys L. Slocum. appointed. Communication was received from the Town Counsel relative to the application of Pichette & Ahern for permission to contruct a garage and gasoline filling station at 847-855 Mass. Avenue. The Town Counsel Legal opinion gave a lengthy opinion in which he decided that the re Pichette & Board of Appeals did not have to he unanimous in their Ahern decision on applications of this kind. application. The Town Counsel also enclosed forms to be used for variance of the Zoning Last. The Board decided, therefore, to lay on the table the application of Pichette & Ahern until the Board of Appeals meet and make their decision on this application. The Board voted to grant an Auctioneer's license Auctioneer's to Leslie J. Wood of Webb St. , Lexington. license. 11 I The Board signed commitment of water Dept. charges as follows : Hydrants $1777.50 Commitment Water Rates $5590.34, making a total of $7367.84. 470 -11 Letter was received from the Town Counsel in which he reported th--it in the case of O'Connell vs. O'Connell Lexington, the jury returned a verdict of $22,447. case. This inc'udes 4% interest from the date of the taking to the day of the verdict. The interest will run from that date at 4% until the day of the payment. The P1 intiff has 20 days from the verdict in which to file a bill of exceptions if he decides to go to the Supreme Judicial Court. Mr. Wrightington did not feel that he had any exceptions to appeal on behalf of the Town. The Town Counsel stated that bonds may be issued for the purpose of raising the money to pay this verdict. The Town Counsel enclosed a copy of an article Article re for the payment of expenses incurred by the Supt. of conferences . The outside the Commonwealth for a school convention. The State Accountant called attention to the fact that all sums used for the purpose of attending conferences outside of the State should be appropriated separately by the Town. The Board also decided to insert an article in the Warrant calling for the transfer of the sum of $125. from the Police Dept. appropriation for the Police Conference, and also an article in the Warrant reimbursing Albert a. Ross the sum of $80.86 for his attendance I at a Water Dept. conference. It was also decided to request the Supt. of this Water & Sewer Dept. to give a report on the information gathered from the conference he attended and to request persons attending conferences in the future. to give a report of the same. Application was received from Robert 'Whitney and Oakland St . Arthur C. Whitney for an estimate of the cost of Extension. constructing Oakland Street extension from the house of John Ballard to Meriam Street to the rear of A.C. Whitneyts house. It was decided to refer this application to the Town Engineer with a request that he present the figures to the Board on the cost of this construction. Letter Was received from F. L. Emery stating that he did not receive the letter of the Board under date of F.L.E5ner7 March 3rd, inviting him to attend the meeting of the re meeting Board of Selectmen on March 15, inasmuch as he has been with Board. out of Town. He stated that he would try to arrange to meet the Board at an early date to discuss the matters referred to. Letter was received from the Town Counsel in which Wm. Burrill he stated that he received a letter from Mr. William deed. Burrill in which he asked that the preparation of 471 the deed of the property that the Town voted to convey to Mr. Burrill be postponed until such time as the description is satisfactory to Mr. Burrill. Mr. Custance explained that Mr. Burrill noticed that the description did not mention that the property bounded on his property, and he desired to be sure that this was so, so that no discrepancy will appear later in the title. In reference to the resolution passed at the Town Meeting held March 23, 1931, the Chief of Police came before the Board to discuss the matter. The Chief Accidents, read to the Board a list of accidents which occurred Mass. Avenue. during the year 1930 and up to the present time on Mass. Avenue from Marrett Road to the Arlington Line. The Board requested the Chief to inform them what recom- mendations he had to remedy the condition. He stated that the reason for the accidents in East Lexington was that the street narrows and then widens from a pocket and the traffic coming into this pocket travelling too fast causes accidents, especially near the stores at Independence Avenue where many persons are crossing the street. He stated that in the past the Police Dept . could not get a conviction for fast driving before Judge Keyes and there- fore any efforts to convict persons were lost . He believed II that the Police Dept. should take the situation in hand and prosecute persona driving too fast on this highway in East Lexington. He did not believe that speed limit signs would make an difference. He believed that a specific condition in the Town was what the persons would have to be convicted upon. Most of the accidents occurred in the day time. He stated that if they broadcast the fact in the ALA that the Police will not allow fast driving in this section, that this will help to eliminate the condition, and also i they- make a campaign to watch the drivers, it will become known that peop1W are not allowed to drive fast in this section. Peddler's License was approved of Edwin C. Mason Peddler's 400 Marrett Road, he being a war veteran, to peddle Licenses. first aid supplies and novelties. Peddler's license was granted to Glenny S. Cutter to peddle eggs. Letter was received from Fred Longbottom, 16 Independence Ave. in which he thanked the Board for his Bldg. Insp. appointment as Building Inspector. The Town Engineer brought before the Board the plan showing the extension of Sherman Street from Oakland St. to Grant St. The Chairman read the vote of the planning board in reference to this extension Sherman St. in which they did not advise any work being done on Extension. this extension until the time when it would be extended to Woburn Street. Mr. Custance called attention to a study that was 472 made after the Planning Board had made their study, which is an improvement on the lower end of this extension near Woburn Street. Mr. Custance reported that Mr. Quinn has deferred action on the sale of this property, at his request, for a long time while this matter was being studied. He now fells that he should have dome action. Mr. Custance therefore recommended that the Board advertise a Board of Survey hearing at whatever time the -TownEngineer could have the information at hand on the extension of Sherman Street from Oakland St. to Grant St. , and the Roard so voted. It was decided to notify the Planning Board of this hearing anc} it was also decided to refer to the Supt. of Public Works the matter of bringing in figures on the cost of laying out the extension of Sherman Street, including the other end shown on this plan. The Board, at this time however, was to take no action, except to lay down the Board of Survey approval of the end from Oakland St. to Sherman St. The Board requested the Supt . of Public Works to Allen St. make a study and bring in plans of the relocation of Allen Street and continuing to the Franklin School. Invitation was received from the April 19th April 19th Committee requesting the Board to participate in the parade. parade on April 20th. The Board voted to accept the invitation. It was voted to instruct the Town Accountant Chief's car. that the Chief of Police be allowed $200. for the use of his personal car, the same to date from Jan. 1, 1931 for one year. This amount was allowed by the Appropriation Committee. At 8 o'clock P.M, hearing was declared open on the application of Frank W. Perkins for permission to install gasoline tanks in the capacity of 2000 gallons on the premises at 536-542 Mass. Avenue. Mr. Perkins presented Perkins a plan showing the proposed location of the repair shop Peaking. in the location that it is in today, and showing the removal of the other two buildings adjacent to it and the house moved back onto Oak Street ; also a strip of land which he felt could be taken by the Town to widen the end o'' Oak St. to improve the traffic conditions. He stated that he intended to leave the repair shop where it is now located; that there is not another place after leaving Lexington Center where persons can obtain gasoline on that side of the street to the Arlington Line, and for that reason he felt that he should be given per- mission to install tanks. He also felt that in plating in the tanks and removing the house, it eliminated the dangerous traffic condition and would open up the property to view of the travellers and would lessen the danger. He felt that the pumps were an accessory to his business of repairing automobiles. No other persons appeared in favor of the petition. Mr. Daniel J. O'Connell appeared for several people in the neighborhood. He called attention first to the 473 fact that the residents of the neighborhood did not believe that Mr. Perkins had a right to operate the repair shop under the Zoning Law, and that they should have been given a chance to state this. The Chairman of the Board, however, informed Mr. O'Connell that the Board had sufficient evidence which lead them to believe that this shop had been used as a repair shop for automobile previous to the Zoning Law, and that is the reason they gave Mr. Perkins permission to continue the business . Mr. O'Connell stated that Mr. Perkin 's idea of widening the street at this point was not for the benefit of the public but for his own benefit and he noted that Mr. Perkins intended to demolish the buildings that were farthest away from the gasoline tanks. He did not believe that public convenience and necessity required gasoline to be sold at this location, inasmuch as there were a number of locations on the Avenue within a short distance. He also believed that if the request of 2000 gallons were granted, that request would be made to increase the amount of gasoline at a later date. He felt that this locality was strictly a residential locality and that the people who purchased the houses there expected to be protected because the section was zoned for residences. He also called attention to the houses that were built in between Child's gasoline station and the other gasoline station. He stated that these houses were built there after the stations were erected. He did not believe that the Board should allow Mr. Perkins to install gasoline tanks. Mr. O'Connell represented Mr. H. F. Brander, C. R. Joy, F. Chamberlain, C. A. Cummings, F. A. McNulty, M. J. Kerrigan., and D. J. Healey. Mr. Healey stated that the place kept by Mr. Perkins was kept open for 24 hour service and he did not believe that the place should be allowed under the Zoning Law. He .knew when he purchased the property next door to it that there had been a blacksmith shop there and he did not object to a repair shop, but he did not believe that there. should be a garage on the premises. He stated that last winter there were cars stored in the barn in back of this repair shop and that if Mr. Perkins would consult the laws of the State Dept . of Public Safety, he would find out that he could not do this . He also called attention to the oil that has been sprayed up against one of the buildings, and believed that it was a fire menace. He would not object to the repair shop as it was now, if the place were kept clean and if it were not open for 24 hour service and on Sundays.. He considered that gasoline tanks there would be an additional annoyance. Mr. Perkins stated that he had records showing that this place was founded as a place of business as a blacksmith shop in 1812, and that it has always been carried on as a business; that a member 6f the Russell family was engaged in the repair of automobiles previous to the Zoning Law. T74 He had the records, inasmuch as they were left there on the property when he purchased the place. Mr. Perkins stated that he stored the cars in this building without having any gasoline in them assuming that he was allowed to do so. He desired to have gasoline tanks as an accessory to his business and thought he should be allowed to have thea. Mr. C. R. Joy stated that sometime ago he had a prospective buyer for his property and they proposed to operate a tea room on his premises, but *hen they came to the Town Hall, they were informed that they could not operate a tea room there because it was not a business district.. He felt that a tea room was so much less objectionable than a gasoline station, that he did not see how the Board could allow a gasoline station to be installed in a residence district. The Board considered the application of Mr. Perkins and after due deliberation, voted to deny the petition. Cannon to be The Supt. of Public Works was authorised to use moved. the Town horses to move the cannon belonging to Mr. Blake down to Lexington Ctre.to be placed in front of the fire station house. The Town Engineer came before the Board and presented a plan showing the layout of the property now owned by James R. Smith of Arlington and for which Mr. Smith requested approval. Mr. Cosgrove stated that through some error made previously, the street entrance to this property from Mass. Ave. was laid out very close to the house of J.B. Smith James Truman. The street if laid out to a 50' street layout . would mean that the street woad come within 4 feet of this house. The Town Engineer suggested that inasmuch ai all of the streets in this layout are to be 40 ft. streets that a 40 ft. entrance be allowed instead of 50 ft. and the owners of the property then could probably arrange to sell a 10 ft. strip of land to Mr. Trunan. This would allow his house to be 7* ft. from the street line as required by the Building Law. The Board signed the statement relative to the Slaughter nomination and appointment of George A. Warner as Inspector. Slaughter Inspector. The Board approved the application of Mrs. Christiana B. Reed, 5 Wadman Circle, for permission to board two infants. The Clerk investigated the home Boarding of Mrs. Reed and found that conditions were very proper Infants. for the boarding of two infants. It is the intention of Mrs. Reed to adopt the two children and she is not receiving pay for the boarding of the infants at present. Garbage Garbage transportation licenses were granted to licenses. John N. Connors of Lincoln and Francis C. McHugh of Concord. 475 Permission was granted to the E.E.I.Co. and the E.E.I.Co. N.E.Tel. & Tel. Co. for joint location of ten poles on Tel. Co. Hill Street. pole location Sunday Sales license was granted to Fred B. Bartlett Sunday Sales & Lucius Fairchild to do business at 39 Bedford St. Mr. Gilcreast reported that he had secured a bid from Sabastiano Niel of Waltham St. to remove Removal of the buildings on the Alms House Property, except the bldgs. on stable, and that Mr. Nicci would remove the buildings Town Farm for the material in them and make no charge to the Town. Mr. Gilcreast agreed to .get the bid in writing and to have a contract,signed. Mr. Trask reported writing letters to the various Wood St. persons on Wood Street who had signed the guarantees, since the water main was placed in Wood Street, and reported having received some action from the letters. The Board discussed the matter of water guarantees Waver on the Building Trust Property in North Lexington. Guarantees Several of these guarantees signed by the Building Trust have not been collected for many years past, and it does not appear that they can be collected. In order to take the sums off the books , it was voted that the guarantees signed by the Lex. Building Trust be discharged, and that the Supt . of Public Works be requested to bring before the Board the abatements on the same. The Chairman was directed to send a letter to Mrs . Effie Chapin who is living in the Town Alms House Chapins, informing her that she must allow the persons sent to Alms House. the Town property to view the house, in to the house and also that the contract for the demolition of the building has been let. The Board discussed the matter of drainage work to be done and again viewed the plan showing the drain on Hill Street. The Supt . of Public Works reported that it would cost approximately $780 to do this drainage work in the rear of the Haynes property. Hill St. The Board inquired how much it would cost to finish Hill St. up, and the Supt . stated that he could do the work for a sum not exceeding $2000. The question as to whether oi nfl.t this drainage matter should come before the Town and be voted upon as a part of the drainage protect was considered. Mr. Custance felt that the job of Hill St. should be completed, and although he had no objection to its being brought to the Town, he thought that it should be cleaned I up now While the men are working there. The Board therefore instructed the Supt. of Public Works to complete the drainage project at a cost of $780 and to expend g sum not exceeding $2000 to complete the Hill Street project. It was decided to request the Town to make an Drainage projects appropriaticn for the drainage ro on hand. p 476 The Supt. of Public 'Works was also requested y. to look into the drainaEe condition at Bertwell Rd. Plan showing the 12" water main intended to be placed in Mass. Ave. from Lake St. to Parker St. was produced and Mr. Custance informed the Board that there was now an 8" pipe in Lincoln Street and that would serve for some time, and at the present time there is Water Main, an old 4" main in Parker St. Clarke St. , Muzzey St. Mass.Ave. and Raymond St. and that he would advise putting in a 12" main through these streets, replacing the old main, and he felt that this woald give circulation of water and better protection to the houses in this thickly settled district. He therefore suggested that the Supt. of the Water & Sewer Dept. be authorised to consult with Metcalf & Eddy to find out whether or not this would meet with their approval, and the Board so voted. Letter was received from the Supt. of the Water & Sewer Dept in which he gave a report of streets where sewer connections were requested as follows : Cedar St. 125 ft. from Mass . Ave. Robbins Rd. 350 ft. " Watson Ave . to Lex. Ave. Robbins Rd. 200 ft. " Locust Ave. northerly Watson Ave. 225 ft. " Robbins Rd. to Lex. Ave. Water mains were requested as follows : Robbins Rd. 350 ft. from Watson Ave . to Lex. Ave. Watson Ave. 225 ft. " Robbins Rd. to Lexington Ave. Robbins Rd. 200 ft. from Locust Ave. northerly. It was decided to insert an article in the Warrant Article in requesting these connections in the streets which have Warrant. not already been 'voted. The Supt. of Public Works was requested to make Locust Ave. a study of the land taken between Mass. Ave. and Locust Ave. to see whether or not connections should be made at this time to the property of James R. Smith formerly known as the Moulton property. He as also requested to check up the appropriations to see if there are sufficient funds in the water & sewer appropriations to install sewers and lay water mains in accordance with the requests On hand. Letter was also received from the Supt. of the Water & Sewer Dept . stating that he would like tostart work connecting up the dead ends in the order as listed below: Job #1 Bertwell Rd. Size - 6" No. of Feet - 350 " 2 Abbott Rd. 6" 400 3 Oakland St. 6" Connecting 4 School St. " 1200 Dead Ends . 5 Lake St. 10" 900 6 Bowker St. 6" 300 7 Woodland Rd. 6" 675 8 how St. 6" or 10" 550 477 The Board authorized this work to proceed as suggested by Mr. Ross . IIIn regard to doing some of this work by machinery, the Supt . of Public Works was informed that if it could be done more economically, the Board would apppove doing the work by machinery. The Supt. of Public Works submitted a figure for Carville Ave. the cost of constructing a drain in Carville Avenue drain. as $1470. The Board authorized Mr. Custance to communicate with the State relative to having our own men do the highway construction work on Mass. Ave. if it was possible to arrange this , rather than letting the job out to contract. It was voted to appoint the following as Posture Clinic Committee to serve under the direction of the Board of Health, in accordance with the' bote of the Town: Mrs . Charles Whipple Posture Mrs . Edith M. Kelley Clinic Miss Ruth E. Morrison Committee. Letter was received from the Town Counsel in which he enclosed a copy of the article to be inserted in the Town Warrant relative to the appropriation of money to be used for conventions for the School Dept. Request was received from Mr. A. A. Ross requesting reimbursement of $80.86 for his attendance at the convention last year at Atlantic City. Appropriations At the suggestion of Mr. Gilcreast, the Board for attendance voted to insert an article in the Warrant requesting at Conventions. an appropriation of this money; also the transfer of the money for the Chief of Police. The Board also voted in all cases of attendance at conventions that a report be made to the Board of the information gathered. The Supt. of Public Works was requested to purchase a watchman's clock at Forest King's at a price not exceeding $85: , this is to be for the Watchman's watchman at the Public Works Dept . clock. Mr. Scamman reported that there would be a slight reduction in the insurance rates if this was done. Mr. Gilcreast reported having communicated with the Chief of the Fire Dept. regarding matters contained in his letter, and stated that Mr. Taylor informed him .that he carries three insurance policies Fire Chiefs ' and if any of the Insurance Companies knew that he insurance. was carrying accident insurance while employed as Chief of the Fire Dept. they would probably cancel his insurance. In order to secure information as to whether or not the Company would accept a policy to protect Mr. Taylor to be taken out by the 4'own, the heads of the Dept in the Ins . Co. would have to be 478 consulted and this had to be done very carefully, Ca so that the Companies would not cancel Mr. Taylor's present insurance. Mr. Gilcreast requested further time to report on this matter. Mr. Robert P. Trask reported the following bids on tree work in the Town: The Davey Tree Expert Co. Trimming Tavern grounds, $400.00 - at $1.80 per hr. Fertilizer - $200. per ton less 5% Cabling - $100. Trimming on Common - $300. Tree F. A. Bartlett Tree Expert Co. bids. Trimming, $1.80 per hr. Cabling - $100. Labor - $700. Tree Surgery - $200 Five tons of fetrtilizer - $100 per ton. H. M. Frost Co. Trimming and tree surgery - $1.25 per hr. Fertilizer - $70. per ton. A. R. Jenks Tree men $1.10 per hr. Ground man .75 per hr. Working foreman $1.25 per hr. Bolts, cable, paints , etc. at cost. Charges for time actually on job. Mr. Trask stated that he would recommend Mr. A. R. Jenks to do the work on Hastings Park, Buckman Tavern and the Common at the cost of $600. He stated that Mr. Jenks has done work for the State and County, and• he was very well recommended. The Board authorized the Chairman to make arrangements with Mr. Jenks to do the tree work. The Board authorized the Supt. of Public Works to have Mr. Garrity remove the tree that was located on Mr. Blake 's property in East Lexington, and place it in front of the Masonic Building. Attention was also called to the fact that a tree should be placed in front of Mr. LeRoy Brown's property at 8 Elm Avenue. the Supt. of Public 'Warks was directed to have a tally made of the traffic crossing Waltham St. from the Traffic drug store to the fruit store, both ways , and also tally. traffic on Mass. Ave. crossing from the drug store to 49 the First National Store both ways , and from the fruit store to Blake 's candy store , both ways . The Supt. of Public Works was also requested to view the guard rail along Waltham St. Mr. Custance reported that it was in a deplorable condition and it should be repaired or a new one placed there. The Supt. of Public Works was requested to get prices on the guard rail. Guard Rail Attention was also called to a guard rail placed around the hydrant near Pleasant St. , E. Lexington, it being unatghtl3. The Supt. of Public Works informed the Board that this hydrant has been broken five times and this guard rail is there to protect it and the Fire Dept. can remove it when they need to tise the hydrant. The Supt. of Public Works was instructed to do the following things : To put in a concave catch basin to replace the one at Hastings Park at present. Instructions Paint the ours red on Mass. Ave. at Meriam St. , Musaey to Supt. of St. and Waltham St. to prohibit parking from the inter- Public Works. sections of the streets and 15 ft. from the end of the curb. to install two catch basins on Cedar St. at an approximate cost of $250, so that the drainage on the street will not ruin the property of the Paul Revere Golf Links . To view Adams St. where it was reported that Mrs . Edward Johnson went off the road, with an idea of possibly putting in a guard rail. Mr. Custance requested that the garage application Husted garage. of L. A. Husted be taked up at the next meeting of the Board. Letter was received from the Stanley Hill Post requesting permission to run a food booth on April Stanley Hill 19th on Depot Square to defray the expenses of providing Post re box lunches for the visitors . food booth. The Board voted to grant permission. The Chairman reported that the Tan Treasurer informed him that he thought he could get along with Assistance, less assistance than he now has in his office. Treas. It was left with the Chairman and the Clerk to Office. consider the matter with the Treasurer and make arrangements. The weekly report of the Supt. of Public Works was received. The meeting adjourned at 11:57 P.M. A true record, Attest : Clerk.