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HomeMy WebLinkAbout1931-05-05 tab SELECTMEN'S MEETING. MAY 5, 1931. ' The regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building at 7 :30 F.M. Messrs. Trask, Custance, Shannon, Blake and Gilcreast were present. The Supt; of Public Works and the Clerk were also present. The Board voted to grant the following licenses: Alcohol Five Forks Service Station Lincoln St. & Matrett Rd. Amdrican Oil Co. Paul Revere Garage. Hairdressing & Manicuring Antia G. Thivierge 4 Waltham St. Aline M. Thivierge 4 Waltham St. Public Carriage Hans C. Sorenson 92 Woburn St. Ellis Timothy Depot Square Common Victuallers Annie Cohen 1556 Mass. Ave. In regard to the fee for Junk Collector 's License, Mr. Custance reported that Mr. Greenblott informed Junk license him that if he had to pay $100 this year for the junk fee. license, he could not afford it, inasmuch as the junk business was very poor. The Board considered the matter and voted temporarily to reduce the fee for junk licenses from $100 to $50. Peddlers The aoplication of Rowland L. Grant of 16 license. Farm.crest Avenue for a Peddlers License to ped. 1e ice was signed by the Board. Mr. Custance called attention to the fact that John Hinchey & Reuben W. Meade applied to him for work. Unemploy2ent. Mr. Charles Adler also has applied for employment many times and has been unable to cet anything, These men are between fifty and sixty years of agd, and are not able to do the laboring work which is about the only work the Town has to offer. Mr. Custance stated that it was necessary for him to employ a man to help Mr. Horace Howard one day each week at the Cary Memorial Library, inasmuch as Mr. Howard is not able to do all the work, and he thought 29 that Mr. Hinchey could be employed for one day each week. In connection with unemployment, Mr. Trask reported that the list of unemployed was pretty well taken ewe of inasmuch as Mr. Ross was to take on some of the men on the Water Dept. and Mr. Garrity has two of the men on the P :rk Dept . building tennis courts, and there are now only about two left that need jobs. At 7 30 P .M. Mr. George G. Plakias of the Splendid Cafeteria Inc. came b efore the Board relative to the notice received by him from the Chairman of the Selectmen, that he would not be allowed to keep open all night. Mr. Plakias explained that the first week he was here, he tried keeping the Splendid Cafeteria Inc. open until 12 o 'clock at night , and he found that there was no business and that the business started after 12 o 'clock. He had his son remain there to keep the place open. He etated that there was no profit in keeping open until three o'clock A. M. and closing and then opening again at five o 'clock A. M. He stated that he had to have one man inside and one man outside. After lookin ' over the receipts, he found that it would be worthwhile to keep open after 12 O'clock. He stated that about half the crowd that patronized him after this time were Lexington people and the other half transient trade. He did not have any tenants overhead and there was no-one in the block that would be distrubed by their keeping open all night ; he also stated that if he had any trouble from a 'plendid rough element, he would be glad to close the restaurant Restaurant on his own accord; he did not wish to have this class of trade inasmuch as there was no money in that business. He stated that he had been in business for a number of years and did not have any trouble except in Brookline at Coolidge Corner where there occurred a murder in his store. At that place he was doing a tremendous business serving 1800 people on a Sunday. He has four other places beside this pa ticular one, and the business here would have to be worked up. The Board after considering Mr. Plakias ' 1information, decided to grant him permission to keep open' all night and to notify the Police Department to watch over the restaurant to seethat there was no disturbance of any kind there. The Board approved the bill of the Town Counsel Bill for in the amount of $54.24 for services in preparing the services, title on the property of Charles F. & Harriett W. Smith Smith prop. which is the property adjoining the Parker School. In regard to the 600 candle power light suggested at the corner of No. Hancock St. and Bedford St. , the 600 candle Supt. of Public Works was requested to study the power lights situation to see whether or not he woule recommend a light of this size at this corner. There is now a beacon light there and possibly it might not be necessary to place more than a 250 candle Ower light at this location. The Supt. was also requested to study the situation 30 at the corner of Marrett Rd. & Mass . A, e. tos ee whether or not a 600 candle power light should be placed there. At 8 o'clock P.M. hearing was c'.ecla-ed open by the Board of Survey for approval of plans of the exten- sion of Sherman Street from Grant Street to Oakland Street. Mr. Alexander Quinn, Frank P. Cutter, Engineer, and Eugene Buckley appeared at the hearing . Plan showing the proposed layout was presented by the Town Engineer and Mr. E. Buckley stated that the plan was agreeable to him. Although the street as laid out would take in his house, Mr. Quinn explained that he had made provisions for Mr. Buckley by selling him a lot so that he could move his house upon the lot. Mr. Quinn stated that he was very much pleased to have this layout made, inasmuch As he could then sell the lots. At the present time, he could not sell the rear lots inasmuch as he would have to trespass upon Mr. Buckley's property. The Board voted to approve the Board of Survey layout . Mr. Frank P. Cutter presented a plan showing the location of the property of the late G. W. Taylor on Bedford Street and Revere Street, and showed the G. W. Taylor proposed layout of a street over what has been formerly property. known as Larchmont Lane . He stated that Major Walsh intended to develop this property to sell into house lots , and he thought if the Town desired any of the land there they could not get it free of charge. It was left with Mr. T. A. Custance to communicate with Major Walsh in regard to this layout . Painting of Bill of $21. for the painting of the Captured Captured, German Field Piece was received from E. H. Mara. This German Field bill was received on account of the Fire Dept. not being Piece. able to paint the gun owing to the rush of brush fires . The Board decided to request the Supt. of Public Location of Works to have the Engineers place stakes on Hastings German Field Park indicating the proposed location of the German Piece. Field Piece accepted by the Town, and the Board of Selectmen were to meet at 7 :15 on Tuesday evening next to view the location. The Chairman presented a pamphlet entitled "Water Leaks" and stat ed that the Supt. of Water & Phamphlets Sewer Dept . desired to get some of the pamphlets to be sent printed to be mailed with the water bills. with water Mr. Trask reported that the pamphlets would cost bills. about $10. a thousand and the Board felt that it was a very good idea to send out these pamphlets and approved the authorization to have enough of these pahphlets printed to take care of the necessary pamphlets to be sent out with each water bill. The Board discussed the matter of whether or not the work of constructing a water main in Mass. Ave. should 31 be done right away or whether this could be laid over until a later date. Mr. Custance recommended that work be done on Mass. Ave. inasmuch as the street is to be constructed this year. He felt that although the sewer work on Berwick Water main, Rd. and Hayes Ave. was an emergency, a few weeks ago, Mass . Ave. he felt that the situation may be a little better right now, and recommended that if it were not an emergency rightmay, that the work be done during the summer when the people in that vicinity are away. Letter was received from Mr. R. L. Ryder under date of May 2, in reference to surface water which is being dumped from Waltham St. onto the land of C. W. Ryder on the south side of the street . This was done last year when Waltham St. was reconstructed. He called attention to the fact that at the Town Meeting Monday evening, April 27th, neither the Town Meeting Membersrpr the Board of Selectmen intended to do anything within a R.L.Ryder specified time to relieve the condition that existed re drain , over a period of years . He stated that the Town has , Waltham St . during this period, without considering or consulting the property owners involved, diverted into Vine Brook surface water which never naturally flowed there or could possibly do so. He stated that he was asking the Town Engineer to furnish him with the number of drains and the location thereof, that had been diverted into Vine Brook during the past five years, which he under- stood, was substantial. Mr. Ryder requested the Town to remove the drain on Waltham St. and to remove the obstruction caused by the culvert in Mass . Ave. forth- with. He stated that he was making the demand on behalf of the Lexington Estates, Trust , Lexington Real Estate Trust and Charles W. Ryder, allof whom are property owners involved in this situation and whose interests have been materially damaged by the action or failure to act of the Town authorities . The Board decided to refer this matter to the Town Counsel and acknowledge receipt of Mr. Ryder's Vetter. Verbal complaint was received over the telephone from Mrs . Morse L. Welker, 935 Mass. Ave. , about the condition of Peter Canessals premises . She stated that Complaint, the premises were very unsightly owing to the old Canessa automobiles, and felt that they were entitled to some premises . consideration to have this cleaned up, owing to the taxes that they payed in the town. Mr. Scamman reported that after being instructed by the Town Counsel to find out whether or not Mr. Canessa had been in business previous to the Zoning Law, that he consulted with Mr. P. J. Mas;uire and the Chief of Police and they informed him that Mr. Canessa has been in business at that location for a number of years . He at one time was in the barrel business and in 1923 he took over the Odorless Cart, and for yeers back he has had automobiles . Mr. Mugridge informed 32 044. Da. Mr. Scanman that when he worked for Mr. Prescott, he used to go there and obtain automobile parts . Mr. Scamman suggested that it might be possible that the Board could give Mr. Canessa a junk license in this location and then order him to clean up the premises. In view of the facts presented,the Board decided to request Mr. Canessa to come before them at their meeting next week at 7 :45 P.M. Letter was received from Mr. W. C. Wardwell, Chairman of the County Commissioners in regard to !'food St. Wood Street. He stated that they had not intended to contribute money for Wood Street, as no mention had been made at the conferences with the State Highway Department . This matter was referred to`Mr. Custance to attend to. Letter was received from Mr. F. L. Emery, Chairman Relotting of the Planning Board in regard to relotting the prop- Colonial erty on Mass. Ave. called Colonial Heights . Hts . The Board decided to request the Planning Board to make a study of the layout made by the Town Engineer in this section, and to inform the Board whether or not they approved it. Letter was received from the Planning Board in which they informed the Board that at their last meeting, they voted to a )prozre the request of Mr. Ernest Rowland k.Rowlandrs for permission to enlarge his store on Lowell Street, request to but they felt that it would be better if a permit be enlarge had through the Board of Appeals rather than through a store. recommendation for a charge in the zoning. This would give an opportunity to Mr: Rowland to enlarge his business but to control further business developments in this locality. When the new layout of streets is determined they will then know exactly what the future probabilities are to be. Mr. Trask called the Boa.rdrs attention to the f'ict that Mr. Rowland has had this hearing and did not mention the fact that he desired to have gasoline tanks in this location but at the last Town Meeting, he inquired of Mr. Trask when he was going to get his gasoline permit. Mr. Custance informed the Board that copy of the letter written to Mr. Rowland was also sent to the Board of Appeals and 'at their meeting Friday evening, they discussed this matter and Mr. Custance informed them that Mr. Rowlandhas for quite some time been requesting gasoline tanks in this location. Letter was received from John W. Beth, State Fire Marshall, in which he enclosed copy of Chapter 162, of the Acts of 1931 which refers to a fine of $10. for violation of the orders of the head of the Fire Department. The Board decided to call the attention of the Chief of the Fire Dept. to this circular letter in 1 33 regard to the sale of fireworks, and to request that he see that all persons permi ted to sell fireworks by him comply with the regulations of the Fire Commissioner. Letter was received from the State De -t . of Public S12,000 Works in which they informed the Board that they have allowed for allowed the sum of 312,000 under Section 4 of Chapter Mass . Ave. 90 of the General Laws for the construction of Mass . Ave. Letter was received from the County Commissioners in which they stated that they had served upon them a copy of the petition and order for assessment of damages on account of the land taken on Mass . Ave. and Bon Air Avenue, petition being filed by R. H. Beaudreau o" Marlboro, Trustee for the benefit of Clara C. Goulet Petition for of New York. Land The County Commissioners requested that the Town damages . look after the matter of entering an appearance in the Superior Court on behalf of the Town and County. This matter was referred to the Town Counsel together with sketch showing the layout of the lots and the old and new layout of Mass. Ave. in connection with the lots owned by said party. The plan showed that the lines of the new and old layout almost coincide. At the farthest point there is but one foot difference. The Board signed the sewer order for the installation Sewer of a sewer in Robbins Road. from Locust Ave. northerly a Order !igned distance of approximately 200 feet . Application for two 1000 gallon gasoline tanks was received from William A. Granfield. Mr. Gilerdast reported that he had been up there and looked over the premises , and he did not see how there could be Wm. A. any great danger if Mr. Granfield placed pumps in Granfield 's front of his store. He stated that he noticed by the hearing. records of •)revious meetings regarding Mr. Granfield's application for gasoline pumps, that there ,was some violation of the restrictions presented by the Board. However, Mr. Granfield insisted upon having another hearing on his application and the Board voted to grant the hearing. Mr. Trask reported that Mr. Nichols spoke to him about building a fence around the land purchased by the Fence, Town adjacent to the Parker S,9hool. He stated that the Parker School Dept. intended to build a fence on their section School and Felt that the Park Dept. might also desire to cons- property. truct a fence . This matter was left with Mr. Trask to look into. Mr. Custance reported that Mr. James Stuart Smith Tavern Lane complained of the sign at Tavern Lane which reads Rd. sign. Tavern Lane Road and felt that this sign should be changed. The Supt. of Public Works felt that the proper name 34 wah for this street was Tavern Lane Road. The Clerk was instructed to look up the records to see whether or tot this was correct, and if not , the sign could be changed to its proper name. At 8:15 o'clock P.M. the Chairman declared the hearing open on the application of George W. Bean for permission to install two 1000 gallon gasoline tanks with three pumps at 241 Bedford Street. Mr. C. A. Prior represented Yr. Bean as Attorney. He called attention to the standing that Mr. Bean has in the locality and he felt that if he were allowed to have a filling station that he would conduct it in the proper manner. The area of his land adjoining Mr. Neil McIntosh's is 14 acres . Mr. Prior stated that he talked with Mr. McIntosh and he had no objection to the gasoline station being granted provided Mr. Bean gives to the Town a 20 ft. right of way adjoining Mr. McIntosh's property. Mr. Prior stated that he did not believe that the Board should be influenced by the presence of another gasoline station in the near vicinity, inasmuch as he had been a member of the licen- sing Commission in the City of Newton and there they have granted permits for gasoline stations on more than one corner in the same locality, and he flet that the granting of this permit would improve the locality. He stated that there ware some persons present in favor of the petition. Mr. G. W. Bean stated that he intended to build a building of cement block construction 19' x 231 . That the building would be of first class construction and that it was intended to be located 62 ft. from the side line of his property and 100 ft. from the refreshment stand. He intended to have the refreshment stand an entirely separate building. Mr. Bean was requested to bring in a detailed plan of the building. Mr. McIntosh presented a plan showing the layout of this property in connection with his property and explained where the Planning Board insisted that a street be laid out, and stated that he had no objection to the filling station so long as the station was far enough back and that Mr. Bean would allow 20 ft. for the layout of the street, said land to be given to the Town. Mr. McIntosh felt that this should be made a part of the agreement so that if the property was passed into someone else 's hand that the agreement would be carie d out. There were about twenty persons present at the hearing. Mr. William Morrill, 235 Bedford St. stated that he was now occupying one of Mr. Bean's houses adjacent to his home and that he had the first option to buy the house . Having this option in mind, he had no objection to the filling station being put in. Mr. Bean stated that after considering the matter, he felt that instead of locating the building 62 ft . from the Street, he felt that it would be better for parking to place the building back 114 ft. from the street. 35 No persons appeared to object. The Board laid the matter on the table until the Board of Appeals have their meeting. Mr. Russell I. Prentiss came before the Board and recommended that the pig permits be granted to Mary B. Wellington, Mass. Ave . , John Sullivan, 2407 Mass . Ave . Pig Permits James F. Moran, Pleasant St. , William G. Potter, Walnut St. , Chester A. Fogg, Woburn St. , Swenson Bros. , Allen St. , Ryders Stock Farm Inc . off Maple St. , and to Carl Hauck to keep 4 goats, at Harbell Street . He stated that he desired to hold up on the grant- ing of a permit to Ernest Ballard inasmuch as Mr. Ballard had some things that he had to clean up and he probably would have them cleaned up in a weeks ' time. Application for pig permit was received( from the Ryders Stock Farm Inc. to keep 100 pigs at 117 Waltham Street inside of the house . Application also was received from the Ryders Stock Farm Inc. to keep 1000 pigs at the rear of 40 Maple Street . Mr. Prentiss reported that he visited the Waltham St. premises today and found that the yards and the woods where they used to keep most of the pigs were all cleaned up and there were about 100 pigs in the brood hous e. Mr. Prentiss reported that the Ryders Stock Farm have about 200-350 pigs at Maple St. He saw no objection to granting a pe rmit to keep pigs at the Stock Farm. The Board therefore eonsidered the annlication of the xyders Stock Farm Inc. to keep 1000 pigs at the rear. of 40 Maple Street and voted to grant this p.ermit . The Board voted not to grant a permit to Ryders Stock Farm Inc . at 117 Waltham Street. In regard to the report that pigs were being kept by the Ryders Stock Farm on the Aldrich place, Mr. Prentiss reported having made an investigation ,,nd .found two pigs at the large house on the premises that belong to F. E . Finney and one pig which belongs to J. W. Bates who runs the stable. Under the regulations persons are entitled to keep two pigs without a permit . Mr. Prentiss reported in regard to the premises of Leo Bernstein of Sylvia Street where the fire was Bornstein recently, that the premises have been cleaned up fairly premises . well . The premises occupied by the Junk Dealer w r're not cleaned up satisfactorily. It was decided to hold up temporarily the permit of Jacob Bornstein, owing to the fact that the premises were not cleaned up. Mr. Prentiss reported that he did not believe that the junk pile of automobiles located on Peter Report re Canessa's property was a health menace, and he did Canessa+s not believe that any charges of a menace to public premises. health could be made against Mr. Can'ssa. 36 001 Tyler's Mr. Prentiss reported that Mr. Arthur Tyler pastear- of Maple Street to whom he wrote to put in a new floor ization of in his pasteurization of milk plant, has not complied milk plant with his request. He promise' Mr. Prentiss that he would floor. put in a new floor two weeks ago and he has not done it. Mr. Prentiss intended to take him. to Court inas- much as if he did not do it the State would step in and take him to Court for violation of the Rules and Regulations in connection with the pasteurization of milk plants. Mr. Prentiss reported visiting the house located on Homestead Street occupied by a family by the name of Moakley, consisting of a man and woman and baby. The place is about 10 ' x 12t in size and there is not any Report re chimney. The stove pipe comes out through the building house on itself and is a fire menace. Mr. Prentiss stated that H6mestead under Chapterll, Section 128, he considered the building Street. a menace to heslth inasmuch as it may catch fire although the premises were clean . He was at a loss to know about whether it was his duty or the Building Inspector ' s duty to order a chimney built on the premises . He stat ed that there was no cellar under the building. The Board considered the matter and rather than force anyone who was trying to live in the building out of there, that the miner of the building should be notified by the Building Inspector to build a chimney to take care of the fire hazard. Mr. Prentiss re -)orted that the owner of the house was Mrs . Hulda Bjorkgren of Cedar Street . Mr. Prentiss re ported that. the cesspool at the Board of house occupied by Mrs . Hulda Bjorkgren but owned by Heal th F. L. Emery on Cedar Street was running over, Matters . and was in very bad condition. It was left with the Health Inspector to notify Mr. Emery in regard to the cesspool. In regard to the cesspool on the Fitzgerald property on Hancock Street , he reported that the cess- pool material is still running but that the Fitzgeralds have connected the cesspool with drains that run out into an open ditch. Mr. Prentiss stated that he did not know where the line of the Fitgerald property and the Robinson property was to know whether the material was flowing on' the Robinson land. The Inspector st ated that he could summons Mr. Fitzgerald into the district Court for maintaining a nuisance or he could notify Mr. Wrightington Mnd let him take the matter up to Court. Cancel order Letter was received from Mr. Roland W. Baldrey, for light at 1071 Mass. Ave. enclosing a petition signed by residents Corner of who live near the corner of Mass. Ave. and Maple St. Maple St. protesting against the installation of lights of greater brilliance. 37 After considering Mr. Baldrey's letter, the Board voted to canel the order for the light at the corner of Maple Street and Mass. Avenue and to notify Mr. Baldrey to this effect. Mr. John E. Gilcreast reported having attended the conference of Public Safety on A-)ril 30th at the Hotel Statler. He stated that he heard the Governor give a Safety talk on safety and that all the information sifted Meeting. down to the fact that no matter hnw many signs are posted up that it was entirely tip to the driver behind the wheel whether or not there are accidents. In regard to dbing the drainage work , it was decided to have the Water Dept . do this work and that Drainage. the drainage work on Mass. Ave. should be done as the first project. Verbal complaint was received at the office from Mrs. Edward C. Montgomery of 408 Marrett Rd. in regard to the roadside stand opened by Harry. Graf. She complained of the garbage pails being left on the Complaint, premises , the papers that are never picked up blow Graffe onto her property and that the place is kept open stand. until 12 or 1 o 'clock and there is a great deal of noise; that there are no public toilet facilities on the premises. She felt that the place being in a business di -trict, she would have to put up with the smell of clams but that that was sufficient, and she felt that if Mr. Oraf'e were spoken to that the premises probably would be cleaned up. The Health Inspector was requested tb look into the matter and report . Letter was received from the Supt . of Public Works in which he stated that Mr. Garrity would like to arrange Playground to have the followin persons as playground instructors work. and assistants during the season . Mr. E. Ellis Abell, Miss Gertrudd M. Westlake, Miss Dorothy Rudd, Mr. Robert Mara dnd"Miss Sylvia Swett, The Board approved the list . The Board signed the order for the layout of Dexter Road as a public highway from Fuller Road to Williams ''exter Rd. Road said order to be filed at the Registry of Deeds . The Board signed the order for the installation of a sewer in Hayes Avenue and also an order for the Hayes Ave. installation of a sewer in Berwick Road, both orders & Berwick to be filed at the Registry of Deeds . Road. It was voted to authorize the Supt . of Parks to Grandstand, tear down the grandstand located on the Ball Field. Ball Field. Mr. Trask called attention to the fact that Hans Sorensnn has not cleaned up the brick at the pumping 38 station on Lincoln Street . Mr. Custance stated that he had taken up the O"C Pumping matter with Mr. Sorenson and Mr. Sorenson informed Station him that he had not been able to get any purchasers 11brick. of the material, and that is why he had not cleaned up the material earlier. Mr. Custance called attention to two sheds which should be removed at the Alms House, one a hen house at the rear of the barn and another on the side of the barn. He also stated that the equipment in front of the stable such as snow plows should be removed to the Public Alms House. Works Dept. and should be put inside the building for protection and cared for. The Supt. of Public Works was requested to ,s ee that this equipment was taken care of and that the sheds were removed; also to dispose of any of the wagons or machinery which is not to be used by advertising the same for sale. Mr. Custance also called attention to the dumping . of -material at the Public Works Dept. in No. Lexington and that the Highway Dept. shoild see that the materials are all placed in the back of the building and not dumped at the front or the side. Letters were received from W. T. Wilkinson, 25 Carville Ave. complaining about the drainage on Carville Ave . Letter was received from Golder Ware of 41 Carville Ave. in which he called attention to the Drainage. drainage that flowed, into his cellar; also that he had 810,000 worth of Fuller Brush stock in the cellar. Letter was received from George L. Faulkner, 241 Mass . Ave. comnlainin7 of the drain across his land and asked that this matter be taken care of. All three of these letters were acknowledged by the Chairman and the pasties informed that the Town vobd at the Town meeting held Monday evening, to appropriate money to have the drainage taken care of and as soon as it could be arranged, this work would be done. Mr. Custance reported having received a complaint Hill St. from Amos Dalrymple of Hill Street about the dust from Hill Street. Mr. Custance stated that he did not believe any money should be spent on oiling this street until the street is completed. The Supt. of Public Works reported that it looks Allen St. as though the Allen Street job would cost about $5000. The Board stated that a Board of Survey layout should be made of this road. Mr. Gilereast was requested to find out whether Vater Loan or not the water loan of $10,000, $20,000 or $50,000 should be issued, and which is the most economical way to issue the loan. 39 It was left with the Chairman to consult with the Water- Dept. to find out how much of a loan was necessary $t the present time. Mr. B. J. Harrington came before the Board and complained that he had been given the job of outting in catch basins and then was' told that he was not to do the work, and he wanted to know the reason why. Catch The Supt . of Public Works explained that Mr. Dacey basins. had complained that he had not been given a chance to bid on the building of the catch basins, and he had sent a letter today to Mr. Dacey and Mr. Harrington asking that they give a price per foot for building the catch basins and that was why he called off the order to build thecatch basins, formerly given to Mr. Harrington. Letter was received from John E. Gilcreast in regard to an audit of the State Accountants . He stated that it appeared to be a routine rerort, and that more information could be obtained from the Town Report. The weekly report of the Supt . of Public Works was received. The meeting adjourned at 11:30 P.M. A true record, Attest : Clerk.