HomeMy WebLinkAbout1931-04-2821
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SELECTMEN t S MH,h7 ING
APRIL 28,1931.
A regular meeting of the Board of Selectmen was held
at the Selectments Room, Town Office Building at 7 P.M.
Messrs. Trask., Custance, Blake, Shannon and gilcreast
were present. The Supt. of Public Works and the clerk
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 Off ice
Florence Crittenton League Mass. Ave.
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Slaughter License
A. Holman
Hill Ave.
G. Bunzel
East St.
Manicuring and Hairdressing
Mary M. Heath
8 Waltham St.
Junk Collector
K. Greenblott
94 Prospect St.,Waltham
Alcohol
F. K. Johnson
,f
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 Mara
852 Mass. A,,e.
Hugh McIntosh
442 Marrett Rd.
Bowling
C. E. Barnaby
1804 Mass. Ave.
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Pig It was voted to lay the applications for pig permits
Permits on the table until such time as the Health Inspector
makes a report on the aT 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 Professignal Enter -
Invitation. tainers of New England in which they invtted the Board
to attend an enterainment given by them under date of
May 5th .at Oddfellowts Mall, Cambridge.
Carl Tarbell The Board decided to write a letter to Mr. earl
use of Tarbell thanking him for the use of his car for the
car the parade, April 19th.
lith.
Ticket for the meeting on Thurdday, April 30th
Mass.Safety at 12;15 P.M. at the Statler Hotel was received from
Countil the Mass. Saf ety Counsel for Mr. Gilcreast to attend
Meeting. the meeting at that time.
Stat e Aid State Aid payroll in the amount of $12. was
signed by the Board.
u
The Board signed the application of Florida
_application
Crawford to board infants at 39 Moreland Avenue .
to board
The Clerk reported having cor=unicated with the State
infants
Dept. of Child Guardianship and they stated that they
x,ranted.
had looked ths'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 Ra lroad
and land owned by Walter Lennon end 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 Hoard 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 7j'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 wesrefire proof. A third class
building could not be over 1221 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
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- 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 ag 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.
Meriem St. at Oaltmount 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 Selectments 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 candlepower,
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 changed
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. OtConnell
stating that he had received a letter from the Boston
& Maine Railroad signed by T. D. Sughrue, calling
Mr. O?Connel:
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attention to the fact that bomeone was dumping rubbish
on their land at the Woburn St. Railroad crossing
re dump.
and that there are broken bottles and tin cans within
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the limits of their right of 'way, and s u ;ges'ted that they
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be removed.
Mr. 0' Connell called attention to the fact that
Owl
some years ago the Selectmen entered into an
agreement with the owners of the property in which
dumping was permitted, and that the dufts would be
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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 dump.
Report was received from the Supt. of Public
'forks in regard to Mr. O'Connell's letter, stating
that he had viewed the situation and found that the
conditions were not good m d -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 c
cover it with gravel.
Geo.VV.Bean's The application of George William Bean for Common
application 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-
trdater pipes, ment for the installation of water mAin in Fottler
Fottler Ave. Avenue a distance of 185 ft.
The Board previously considered this request of
the Suburban Land Co., and asked that they pr�'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 reimbzrsed.
Letter was received from the Supt. of Public
Works in regard to the construction of the tipper
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. Scamrman 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 tted 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.
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Town Counsel, S. R. Wrightington, came before the
Board to discuss with themthe nrenaration of the O'Connell
vote for the Town Meeting relative to the verdict of
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—vote.
$22,447 made to Daniel J. O'Connell 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 communic=ated 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 Counsel 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 dase; 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 desiede 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 btl;bf.
Letter was received from Daniel J. O'Connell 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^i_ngs
bhek 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�ird, 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
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the Board this year, he felt that the trees should not be
placed on this street this year.
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 incornorators.
German Letter was received from the German Consul
ambassador 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.
'!rood. 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
Bove Street negotiations with Mr. Viano on dampges on Bow Street
and also the relocation of Bow Street to Mr. Custance,
for his attention.
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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 verious vendors
drives.
who have a State license and come there and operate; he
wonted 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 ld±.d
Qut, as public highways, therefore it appears that it
is privat e property.
The Board voted to approve the following bills
incurred in the suit of O'Connell va. Town of Lexington
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 MacDo;.ald) 100.
Marshall G. Bolster 150.
The matter of negotiations with Miss Ellen A. Stone
E. 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 -)ossible 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 incornorators.
German Letter was received from the German Consul
ambassador 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.
'!rood. 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
Bove Street negotiations with Mr. Viano on dampges on Bow Street
and also the relocation of Bow Street to Mr. Custance,
for his attention.
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The gttention 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 sthted that he would report on
the McCaffrey easement next week.
It was decided to authorize the Supt: 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 cozier 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 .