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HomeMy WebLinkAbout1931-04-28 21 SELECTMEN 'S MEETING APRIL 28,1931. A regular meeting of the Board of Selectmen was held at the Selectmen's Room, Town Office Building at 7 P.M. Messrs. Trask, Custance, Blake, Shannon and gilcreast were present . The Supt . of Public Works and the (dlerk were also present. The following licenses were granted: Slaughter House A. Holman Hill Ave. G. Bunzel East street Common Victuallers Battle Green Tea Room 1556 Mass . Ave. Edward Crouch 316 Marrett Road Sarah Berman 22 Mass. Ave. Eva Bornstein 56 Mass . Ave. Intelligence Office Florence Crittenton League Mass . Ave. Slaughter License A. Holman Hill Ave. G. Bunzel East St. Manicuring and Hairdressing Mary M. Heath 8 Waltham St. Junk Collector A. Greenblott 94 Prospect St. ,Waltham Alcohol F K. Johnson 33 Bedford St. Countryside Filling Station Woburn & Lowell Sts . Lex. Tire Service 1802 Mass. Ave. Colonial Garage 34 Bedford St. Colonial Garage 1668 Mass. Ave. Sunday Sales Frank Mari, 852 Mass. A,e. Hugh McIntosh 442 Marrett Rd. Bowling C. E. Barnaby 1804 Mass. Ave. 221411 Pig It was voted to lay the applications for pig permits Permits on the table until such time as the Health Inspector tom; makes a report on the aW lications. Joint re- The Board voted to grant the relocation of one location. pole on Marrett Rd. on the petition of the E. E. I. Co. and the N. E. Tel . & Tel. Co. Letter was received from the Professi9nal Enter- Invitation. tainers of New England in which they invited the Board to attend an enterainment given by them under date of May 5th at Oddfellowts Hall , Cambridge. Carl Tarbell The Board decided to write a letter to Mr. Carl use of Tarbell thanking him for the use of his car for the car the parade, April 19th. lath. Ticket for the meeting on Thur®day, April 30th Mass .Safety at 12;15 P.M. at the Statler Hotel was received from Countil the Mass . Safety Counsel for Mr. Gilcreast to attend Meeting. the meeting at that time . State Aid State Aid payroll in the amount of $12. was signed by the Board. The Board signed the application of Florida Aoplication Crawford to board infants at 39 Moreland Avenue . to board The Clerk rrepbrted having communicated with the State infants Dept. of Child Guardianship and they stated that they granted. had looked this woman up and approved of having children placed with her. Letter was received from M. W. Francis & Son in regard to lot #7 on Bow Street bounded by the Railroad 'Ind land owned by Walter Lennon aid by a party named Cello. Through this lot there is a sewer easement about sixteen feet from the line of the lot against the rail- road. The lot is only 40 ft. wide and taking out the sewer easement would leive 24 ft. for building purposes. Mr. Francis requested the Board to waive the sewer easement inasmuch as he would like to build on this lot . The Supt. of Public Works was requested to investigate the matter and reported to the Board that according to the Building Law it would not permit a desirable build- ing to be placed on this lot as a dwelling. Section 2 of Article 10 states that "no external wall of any building or dwelling of third class shall be less than 7i ft. from the lot line and nothing in the law permits anyone to waive such restriction " A second class building could be constructed on the lot line if the side of the building werefire proof. A third class building could not be over 122 feet if place 20 ft. from the street line, and a first or second class building cannot be more than 19 feet wide. He the^efore stated that he did not see how this land could be used for any building unless a strip at the rear of the Lennon property was purchased. This 23 matter was laid over for one week. Commitment of water rates for the third section Commitment. in the amount of $2596.09 was signed by the Board. The Board signed the abatement to abate the sidewalk tax of $46.20 against Mrs . Mary Holstrom for sidewalk on Shirley Street committed under date of Sept. 26, 1928. This tax was made prior to the Sidewalk time when sidewalk orders were filed against Abatement . property as a lien. The present owner of the property states that he purchased the property free and clear and will not pay the betterment. Report was received from the Water & Sewer Dept. that they have completed the extension of the Oakland Oakland St. Street water main through to Meriam Street and have water main. obtained the following results as to hydrant pressure: Before After Meriam St. about opp. Oakland St. 76 lbs. 79 lbs . Meriam St. at Oakmount Circle 58 lbs . 62 lbs . Oakmount Circle at Prescott 's 38 lbs . 39 lbs . The weekly report of the Supt . of Public Works was received. The Board approved the bill of $12.25 of Custance Bill for Brothers for the construction of the grand-stand for grand-stand. " the Selectmen on the Cary Memorial grounds, the same to be charged to the Selectmen's Account . The Supt. of Public Works reported in regard to the cost of operating larger candle power lights on Mass. Avenue between Independence Ave. and Pleasant Street, that it would be necessary to put in five lights and increasing the candle power to 600 candle power, Increased and increased cost per light per year would be $47 .95, candle and for the balance of the year the increase in cost power of would be about $200. He recommended also that the light lights . at the corner of Maple Street and Mass . Ave. be chani-ed to a larger candle power light . Dr. Shannon requested that a 600 candle power light be placed at this end of Hastings Park in addition to the street lights on Mass. Ave. The Board voted to have the Supt. increase the candle power inasmuch as it was thought that this would help to eliminate the accidents in this section of the Town. Letter was received from Daniel J. O'Connell stating that he had received a letter from the Boston & Maine Railroad signed by T. D. 2ughrue, calling Mr. O'Connel, attention to the fact that someone was dumping rubbish re dump. ' on their land at the Woburn St. Railroad crossing and that there are broken bottles and tin cans within the limits of their right of 'way, azd su.;gested that they 24 be removed. Mr. O'Connell called attention to the fact that 014.' some years ago the Selectmen entered into an agreement with the owners of the property in which dumping was permitted, and that the dutps would be taken care of by the Town. He felt that the lot mentioned was in need of attention. He personally had never dumped anything on the Railroad property, and he felt that the Town should do something to care for the damp. Report was received from the Supt . of Public Works in regard to Mr. O'Connell 's letter, stating that he had viewed the situation and found that the conditions were not good aid that debris had been dumped on the railroad property. He stated that the top of the dump had not been kept smooth and that the reason the dump was pushed over onto the B . & M. property was that the fence they had erected there has rotted away and should be repaired. He suggested that the B. & M. R. R. be requested to replace the fence. The Supt. was ordered to clean up the dump and e cover it with gravel. Geo.W.Bean's The application of George William Bean for Common aoolication Victuallers license was laid upon the table until such Common Viet. time as he builds a building . Letter was received from the Supt. of Public Works in which he called attention to the fact that Samuel Lippa, 52 Fottler Ave. has again asked for reimburse- 'q+ater pipes, ment for the installation of water main in Fattier Fottler Ave. Avenue a distance of 185 ft. The Board previously considered this request of the Suburban Land Co. , and asked that they prr-sent the agreement with the Water & Sewer Commissioners that they reimburse them for the amount of the pipe and they have not been able to present any agreement as yet. The Board informed the Supt. that they did not see any reason why Mr. Lippa should be reimbursed. Letter was received from the Supt. of Public Works in regard to the construction of the upper end of Locust Avenue which is an accepted street, but has not been constructed. He stated that the Complaint , builder of a house on this part of the street stated Locust Ave. that he had already lost a sale on account of the con- dition of the street. Mr. Seaman felt that as long as the street was accepted, that it should be finished, inasmuch as the Town was liable if anything should happen as a result of the condition of the street . He st WPd that to remove the loam and rocks and tree roots, to fill in with gravel, grade and roll, cover with surfacing material and pea stone and rolled would cost about $600. The Board a tthoriz ed Mr. Scamman to proceed to do this construction work. 25 Town Counsel, S. R. Wrightington, came before the ' Board to discuss with thenthe preparation of the OtConnell vote for the Town Meeting relative to the verdict of __ vote. $220447 made to Daniel J. OtConnell in the establishing of a building line across his property. At the last meeting of the Board, Mr. Custance was requested to take up the matter as to whether or not bonds could be issued on this amount ; and Mr. Custance reported having communicated with Mr. Waddell who be- lieved that it could not be done and would secure the advice of the Attorney General. Since that time, the Town G'`ounsel communicated with Mr. Waddell and also with Attorney General Simoneau. It appears that there has never been any court ruling on whether or not bonds may be issued for damages awarded in the establishing of a building line. Mr. Wrightington contended that it was a procedure similar and a part of the procedure of relocating a highway, and he believed that bonds could be issued. Mr. Wrightington stated that he communicated with Senator Joseph R. Cotton relative to the possibility of entering a Bill to be considered giving authority to the Town to issue bonds in this particular ease; there is some doubt whether or not they could get a bill in at this late hour. The Board could pass a vote authorizing the issue of bonds and then it would be up to Mr. Waddell and the Attorney General to desicde whether or not it was proper, and if they decided that it was not, the Board would have to call another Town Meeting to make a straight appropriation, or it could be put up to the Court to decide by present- ing a bti?ff. Letter was received from Daniel J. OtConnell in which he stated that he would take $64,456. as total payment for damages if the Town decides to relocate Mass . Ave. in front of his property at this time. The Board discussed whether or not the proper thing to do would be to clear the whole matter up at the present time if the property could be obtained for $60,000. Mr. Wrightington did not believe that the Town should pay $40,000 more to Mr. O'Connell at this time, and he did not believe that the relocation should be made until such time as the Hunt block was taken. He stated that it might be possible if this relocation was not made for five years that Mr. O' Con ell would set his buil ings back during that time and then there would be nothing but the land to pay for. The Board not being unanimous in regard to its ideas on this matter, it was decided to go before the Appropriation Committee on Wednesday evening, individually to discuss their ideas on the problem. Three of the members of the Bo urd, however, were in favor of making an appropriation out of this years tax rate. The Chairman reported that it would cost $150 to plant trees on Hill Top Ave; inasmuch as the appropriation Trees was not made for the planting of trees as recommended by 26 ,p,cit the Board this year , he felt that the trees should not be placed on this street this year. 161 The Chairman reported that Mr. Garrity desired to know whether or not the drives on the playgroudd were Playground public or private, inasmuch as he has various vendors drives. who have a State license and come there and operate; he wanted to know definitely whether he had authority to put them off the drives of the playground or not. The drives in the playground have never been 1afid Qut as public highways, therefore it appears that it is Private property. The Board voted to approve the following bills incurred in the suit of O'Connell vs:. Town of Lexinmton in connection with the building line. Bills, O' Connell Harry A. Gilbert (F. W. Norris Co. ) 1500. case. Henry G. Wilton 500. Henderson & Ross 100. Parker & Webb 100. Charles A. Gleason 100. Chipman MacDonald (Angus MacDoi.ald) 100 Marshall G. Bolster 150. The matter of negotiations with Miss Ellen A. Stone B. A. Stone in regard to the taking and purchasing her land, was negotiations . left entirely in the hands of Mr. Custance, he to complete the negotiations as soon as Miss Stone returns. Mr. Custance informed the Supt. of Public Works that he desired to have the engineering stakes put in the property as soon as possible so that as soon as Mims Stone comes home she can see them. Mr. Scamman stated that he would prefer to have then put in when Miss Stone returns inasmuch as in the meantime the children of the Adams School might remove them. Notice of the application for incorporation of the Incorporation Northeastern Dental Society, Inc. for the practice of a ,plication. dentistry was received from the Secretary of State. The Board signed a statement of character for Harry B. Osgood, 179 Bedford St. , Lexington, who is one of the incornoritors. German Letter was received from the German Consul .mbassador re General, K. von Tippelskirch, thanking the Board for the visit to Lex. greeting he received in Lexington at his recent visit . Mr. Custance greeted the Ambassador for the Board. Wood St. It was voted to refer the matter of negotiations with the State and County on Wood St . to Mr. Custance, It was voted to refer the matter of completing Bow Street negotiations with Mr. Viano on damages on Bow Street and also the relocation of Bow Street to Mr. Custance, for his attention. 27 The Iii.ttention of the Supt . of Public Works was Drain, galled to the condition of the drain in the rear of o.Hancock o. Hancock Street which connects with Hillside street. Terrace. Mr. Custance reported in regard to the easement across the McCaffrey property, that Mary J. McCaffrey was ill, and he was not able to communicate with her. The other sister was interested in the proposition of the easement but he had no definite arrangement as yet. Mr. Custance stated that he would report on the McCaffrey easement next week. It was decided to authorize the Supto of the Water and Sewer Dept. to install sewers in the section Sewer near Locust Ave. , and the Clerk was instructed to have install- the orders drawn up to cover the installation of ation. sewers in the section as voted by the Town. The meeting adjourned at 8:40 P.M. A true record, Attest Clerk