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HomeMy WebLinkAbout1931-05-26 54 bPak SELECTMEN 'S MEETING 044 MAY 26, 1931. 1 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, Blake, Shannon and Gilcreast were present. The Supt . of Public Works and the Clerk were also present . Mr. Robert L. Ryder came before the Board in reference to his letter that he did not believe the Board understood the purpose of his application. He stated that What he wanted was a permit to keep 500 pigs inside of the brood house. He stated that he had informed three or four members of the Board R. L. Ryder what he wanted to do and invited them to come up re pig and to show them, but nobody had been there. They application. intended to keep these pigs on milk and by-products and to feed swill to them only in the winter time. They have an investment of $5000 in the building, and he did not know what it could be used for if not for a brood house. He stated that the Town had won the law suit and they had the right to tell him whether or not he could keep the pigs , but he considered that they were farmers and have been such for the past twenty years . He also stated that 60% of the Town was a farming community. If the building could be used for anything else, he stated that he would be glad to have any member of the Board advise him for what purpose he could use it . If they have to discontinue the use of the building, they would have to ask that the Assessors abate the taxes . Mr. Ryder stated that he talked with two members of the Jury, and they informed him that they decided the case on the arguments of the Town Counsel that they were well enough off and could move their pigs somewhere else. They have moved their pigs off to comply with the decree of the Court. They are now asking that they be allowed to keep 100 brood sows inside of the house, and that they believed that in doing so, they will be more within the law than Swenson Brothers on the State Road. They have a farm within 50 ft . of the State Road and there is an odor from this farm. He stated that there were two small indiscretions by their employees which they admitted in 'Court and that was the reason that they lost the case. He believed that at the rate the Town was going, it would be five to twenty years before the drainage is taken care of, and for that reason he felt that they were entitled to continue as farmers , and felt that his request was reasonable. The Chairman inquired if keeping 500 brood sows would not mean that there would be possibly 1500 at any one time , and Mr. xyder stated that he would not 55 discuss figures, but he intended to keep the rigs inside the brood house and not outside. He stated also that he did not see why if their request were considered unreasonable, why Swenson Brothers , Mr. Burnham and several other farmers of the Town were not put out of business . The Town Counsel discussed with the Board, the proposition of Mr. Ryder, and informed them that if permission were granted to Mr. Ryder now to operate a piggery and he violates the terms of the permit , that the Town would have to go to Court again and go all through this case. The Board voted to refer the matter to the Chairman to take up with the Town Counsel and request Mr. Ryder to present a proposal to the Town Counsel that would be agreeable to him, this proposal to limit the time of keeping pigs on the 'remises. Letter was received from the Health Inspector in regard to his examination of the premises of the Ryder Stock Farm Inc. at 117 Waltham Street, in which hh stated that he found there were 150 brood sows on the premises most of which were in the large brood house with small litters of pigs. The large yard where the pigs are fed from platforms are not being used at present . The conditions in the brood house are about the same as they have been in the past. At the Maple Street piggery, he found from two - three hundred pigs and they were building new feed platforms , evidently to take care of a greater number than they have at present. There was a small pile of garbage on the floor of the brood house, otherwise the brood house was in fairly good condition. Very few pigs were in the yards at the time of his investigation. At 8:05 P.M. joint meeting of the Board of Appeals and the Board of Selectmen was held on the application of William A. Granfield to install two 1000 gallon gasoline tanks on his p renises at Granfield the corner of Marrett Road and Spring Street. application. The Chairman read the notice of the hearing of the Selectmen. Mr. Baldrey, Clerk of the Board of Appeals, read the notice of the hearing of the Board of Appeals . Mr. Granfield presented a plan showing the location of pumps adjacent to the building. He gave a history of when he came to Lexington and purchased the place that he now occupies. The location is in the business zone. He stated that at that time , he felt that this location was a logical one for a gasoline station and roadside stand. The building had to be built of substantial material and it cost him considerably more than he expected it would. He stated that the Board two years ago granted him a permit and revoked it withod,t r, ^ 56 lob D giving him a hearing, and he is now asking that the oo ' Board give him a renewal of the permit originally given to him. He had been given the opinion that the Board did not have any right to revoke the permit without giving him a hearing and that he could take the matter to higher officials . - He asked for a permit toe rect the gasoline tanks in front of the building, which, of course would be the best location. Mr. Granfield stated that anyone who had a complaint against him would comolain for selfish reasons . He did not intend to sell the place to a Gasoline Company, but he wanted the two pumps in connection with his store business . He explained that there could be no objection to the traffic at these pumps because people could come in from Spring Street onto Marrett Road very easily. He felt that the Board should renew the permit; that the tanks were now in the ground and that he took the pumps away. Accordin - to the scale he stated that the building was nearly sixty feet from the street. The Chairman informed him that according to scale it looked as though the building were about twenty feet away. Mr. Granfield stated that the Gasoline Company offered him $50. a month if he would take down his building and have the tanks where they were originally located. He stated that the original permit granted him called for very unreasonable terms, inasmuch as they called for location of the pumps in back of the building. The Standard Oil Co. representative came there and stated that it would be all right if he put the tanks out in front . He stated that the reason the permit was revoked was that he did not put the tanks where he was instructed' to put them. Mr. Granfield stated that he had some of the members of the Board down to view his premises and theY did not see how the tanks would interfere if located where he proposed to put them. He stated that he had just as much room outside his building as most of the gasoline stations have. He stated that he had the permit for' one week aid during that time he sold 1000 gallons of gasoline . He took away the buildingthat was loc-j.ted out front which cost him about 275 and gave it to Mr. Thomas Whiting to take away. He did this because the Selectmen asked him to do it, and he did not question their right to order it down. He stated that his wife will soon return from teaching, which she has been doing for 42 years, and he wanted some- thing whereby he could make a living he has a tax of about $300. Asked whether or not if the permit were granted he would be willing to put the pumps back 20 feet, he stated that he would. 57 No other persons appeared in favor of the permit. Mrs. Lillian Pratt, who owns the property adjoining Mr. Granfield' s, atated that Mr. Granfield was not a man of his word and did not keep the promises he made. She stated that he informed her that he would take down the banking between the two places , and he did not do it ; if he did, it would benefit both of them. This, he agreed to before she lost her husband. She stated that her insurance rates were high enough now and she felt that if a gasoline station were granted there, that it would mean higher rates on her insurance. She was trying to make a living and did not want any more expenses . Asked whether or not she was informed by an insurance agent that her insurance rates would be higher, she stated that she had not been informed by an agent, but she understood that they would be. She stated that Mr. flranfield tried to hinder her as much as possible and she had two small children to earn a living for. She built her place in 1925 and keeps it open about ten week' . She had not tried for a permit to sell gasoline, but runs a little restaurant. Miss Cochrane, Spring Street, across from Mr. Granfield 's place, stated that the objected. They have a sign across from them now advertising fried clams and when they first went there to live, they felt that they were building a place in the cointry and there is such an odor from the fired clams that they have to close their windows on hot evenings . She felt that if a gasoline station went in there that it would be noisier than ever. They understood from Mr. McIntosh that it would be all primate residences around there, but after a while business started to come in at the corner. Their house is located at 16 Spring Street . Mr. George H. Lowe stated that he hesitated to object to the neighbors , but felt obliged to take issue with the petitioner. He stated that his house was directly across the street and was established in 1782. He has a frontagd of 260 feet on Marrett Road and tried to keep his premises in good condition. There are already various kinds of business there such as victuallers and they have the noise from these until after one o' clock in the morning . He was opposed to the xranting of a gasoline tank inasmuch as they are now located within 700 feet to 800 feet to stations on one side and two on the other, and there is one almost directly across from the location requested by the petitioner. There was a bus stop on Spring Street where the school children get on in the morning• and off in the afternoon, and he felt that the granting of a permit of this kind would increase the danger to the school children, and felt that there was no need of any more gasoline stations. He stated that as a matter offact, there was an easement that the public rights would be infrin~ed upon if a permit for pumps were granted in this location. 58 kimc He presented a plan of the property made in 1906 showing the buildings which existed before Mr. Cranfield pur- chased the property and showed a 20 ft. street connect- ing Spring Street with Marrett Road, forming a triangle beyond that at the junction. He stated that this had been a right of way for years and he did not believe that the Selectmen had any right to grant a permit to obstruct the right of way. Mr. Lowe was familiar with this location for half a century. He stated that Mr. Payson informed him that this was a right of way, qnd he believed that it was a matter for the Town Counsel to look up. Mr. Cranfield stated that Mr. McIntosh informed him that his land went out to the corner point. After the hearing was declared closed, the Board of Selectmen discussed the apnlicati_on and felt that the point brought up by Mr. Lowe was a private matter for the parties interested to straighten out. The Board now awaits the action of the Board of Appeals on this application. The Board of Appeals intends to discuss the matter at their meeting on June 5. The Town Engineer presented a sketch showing the location of the buildings on the property of John N. Connors located in Lexington; three of the buildings were located entirely within the Lexington bounds and the fourth building has the Lexington-Lincoln line running through it . The Chairman of the Board of Health of Lincoln Connors reported at the office that Mr. Connors had not been Pi mery granted a permit by them to keep pigs, owing to the fact that he did not cooperate with them. Mr. Connors had built a building in Lincoln without obtaining a permit and in their recent visit to the premises , they discovered this fact. Mr. Custance stated that he would like to view the premises before taking any action on the matter, and it was therefore laid upon the table for one week. Report was received from the Health Inspector in regard to the building said to be located in Lexington Mr. Prentiss stated that he went to his place and was unable to talk with Mr. Connors personally. ' He talked with him over the telephone and he denied that the buildings were in Lexington. He stated that it would be foolish to keep pigs in Lexington because he would be unable to get a permit. He informed him that the Board has instructed him to notify Mr. Connors that this information was on hand and if it were true, for Mr. Connors to discontinue operating a piggery in Lexington. Letter was received from Mr. J. L. Miles of Meriam Street, who is interested in the convention of the National Sojourners, who will pass through Lexington on June 19th. He stated that inasmuch as this is an organization of officers in the uniform forces of the United States, that he felt the Town 59 should be decorated with the flags as is customary on April 19th. The Board discussed the matter and Nat ' l Sojourners felt that there would be no end of requests for the Convention. display of the flags if they granted this one, and therefor felt that this should not be done in this particular instance. The Chairman was directed to communicate with Mr. Miles the sentiment of the Board, and inform him that the flags will be displayed on the municipal grounds . The Clerk called attention to the fact that the Permanent markers on the 48 flags fall off each year and that markers for some permanent marker should be placed on the flags . flags. Information was requested to be obtained upon the price of furnishing such markers. The Chairman brought up the question of considering Mass. Ave. as a through way. The Supt . of Public Works stated that this matter had been Masa. Ave. discussed previously and it was his understanding that as a through the State had to approve of through ways . way. Mr. Custance stated that he would like to get further information on the matter, and voted to lay the same upon the table for the present, and the matter was ref fered to Mr. Custance to report on. Mr. Trask stated that he had received objections to the location of the gun oh Hastings Pa-"k, and Gun, Hastings inasmuch as some of the members of the Board did not Park. like the present location, it was voted to place the gun at the Public Works Dept . awaiting such time as t decision is made as to a permanent location. It was vot dd to grant the free use of Cary Mem- orial Hall for the high school senior dance on June Senior 12th. This dance is usually held after gradtt,tion, Dance. but the School decided to hold it on a separate night this year. The Clerk brought up the matter of establishing a Bureau of Old Age Assistance and stated that Richard Conant, Commissioner of the Welfare Dept. of the State, advised at the meeting of the Welfare Old Age Association that when there was a Board of five Assistance. Selectmen that three members be appointed as the Bureau of Old Age Assistance. The law requires that there be a distinction between, the Public Welfare Dept . and Old Age Assistance and this distinction would meet his approval, The matter was left with the Chairman to advise about the appointment of the Board . The Clerk reported an application for Old Age Assistance from Frank A. Fogg, Grant St . 60 Oh 1 CO Olr7_ Age Assis . It was voted to ;refer this matter to the Old Age application. Assistance Bureau. Messts. Custance and Trask reported that they had View not had an opportunity to view the lights at Marrett Lights. Road and Mass. Avenue and Bedford Street and North Hancock Street. Letter was received from the Health Inspector regarding the sanitary conditions of the roadside stand of Harry Grafe of Marrett Road, complained about by Mrs. E. Montgomery. The Inspector reported that the sanitary conditions were excellent and that the people were intelligent people and tried to avoid critici 'm from the neighbors, but the neighbor who complained had been a source of annoyance to them ever' since they had operated the stand. He did not find anything to warrant the complaint of Mrs. Montgomery. It was left with the Chairman to reply to the complaintant about this matter. Letter was received from the Selectments Association in which they quoted the opinion of Mr. "electmens ' Waddell relative to the Selectmena t dues being paid Dues . by the Town. He ruled that the expenses were such that could be paid out of the Selectments appropriation. No action was taken on this matter by the Board. Mr. Custance reported in regard to Bow Street that he had seen Mr. F . Viano and Mr. Viano was agreeable to the agreement made by him under date of July 23, 1930. Mr. Custance presented letter Viano which he had written to Mr. Viano stating that the Town premises . would take off the front of the building to the new line of the street,relocate the door and window on the street side, build a new chimeny on the north side and put a flat trim on the cornice instead of overhanging as it is at the present time, also shingle the roof of the small building with standard weight asphalt shingles. He also advised him that as soon as he gets in touch with the County Commissioners on the layout , that the deed will be sent to him for signature. Viano Mr. Custance also reported that Mr. Viano agreed dump. to clean up the dump in back of his premises, as his attention was called to the fact that many complaints have come in about the condition of this dump. Mr. Custance also directed a letter to Mr. Hr. Irwin's Irwin acknowledging his proposal for doing this work proposal. for Mr. Viano and informed him that at a later date the matter will be taken up . lIous e Bill House bill #1552 was given to the Clerk by 41552 Mr. Burnham, which showed that the proposed law in regard to zoning, town planning and regula ion of 61 billboards was referred to a special commission to study with an appropriation of $2500. Notice of a meeting to be held at the Hotel Bancroft, Worcester, June 8th at 2 P.M' by tle Safety local Safety Committee on highways was received Meeting. by the Board. None of the members of the Board intended to go to the meeting. Mr. Custance called attention to the fact that Lester E. Smith complained that the Ediso_i Co. employees park their cars outside of the store all day long, and that persons coming to his store are unable to get ih. The Board decided to write to the Edison Co. asking them to see that their employees do not park their cars there all day long, otherwise the Board will have to make regulations limiting the parking to one hour. The following licenses were granted: Golf - Robert L. Innis, Marrett Gardens F. B. Bartlett & L. C. Fiarchild, 39 Bedford St. Henry S. Moody, Cor. Pleasant St. & Concord Ave. Undertakers - Arthur A. Marshall , 1844 Mass. Ave. Thomas M. Montague, 21 Bedford St. Alcohol - Anselm C. Mullin, 301 Mass . Ave. Aucticneer - Jay 0. Richards , 31 Hancock St. Sunday Sales - Clarence E. MacPhee, 16 Baker Ave. The Chairman reported that he had a conversation with Mr. Grindle about traffic protection to school children at the Franklin School. Mr. Grindle informed Traffic him that he wrote this letter at the direction of the protection school Dept. He, however, was not able to offer any school suggestion for handling the traffic there. The children. situation of providing sidewalks appeared to be the best protection ro the children. No action was taken on the matter. The Winchester Board of Selectmen came before the Board to have a conference with the Board in regard to the proposed highway from Winchester to Lexington which will connect up with the Lowell Street section of Lexington. They g iithered from the County Commissioners that the Town of Lexington was not in favor of this layout , and for that reason they desired a conference. They are very anxious to get something started on the highway and have an appropriation made this year and they intend to make an a, diti onal anp'opri :.tion next year. 62 ca The Board viewed the plans which have been formerly h� Street, approved by them in the EngineerTs Office and informed Winchester the Selectmen of Winchester that they were still in to Lex. accord with the plan before approved by them, but that they did not believe that the Town of Lexington would be ready for at least three years to come to build any continuation of the highway into Lexington. Water Main, Mr. Custance presented the proposal signed. by McCaffrey Mary J. & Helen A. McCaffrey relative to the laying of property. water main across their property between Mass. Ave. and the standpipe, with someslight chanes made by their attorney. Report was received from the Health Inspector relative to the drains and sewers from the ice-cream plant of A. W. Partridge, corner of Marrett Road and Waltham Street. He stated that he found that the cesspool constructed was built with an 8 in. drain coming out of the cesspool about four feet below Condition ground and draining directly into a catch basin at Pqrtridge the end of the culvert under Waltham Street. All ice-cream sewerage going into the cesspool flows through the plant. drain and into the brook, and it might just as well be an open drain. He advised that the book beyond the Partridge ice-cream plant be cleaned out as well as the nae on the other side of Waltham Street, and that something be done to stop the flaw of sewerage into the brook from the cesspool. Mr. Custance reported that the Health Inspector appeared to be satisfied with the work of fixing the conditions on the Partridge premises last year. No further action was taken on the matter. In regard to the drain in the rear of the Drain, property corner Marrett Road and Waltham Street , Dwyer awned by Mr. Dwyer, where he intends to construct a property. restaurant, Mr. Trask reported that this drain is now being cleaned out and has been done he believes, as far as Bridge Street. The Sut . of Public Works stated that he wrote Legion re a letter to the Board stating thet he had a request use of play- from the American Legion to use the playground for ground for the Legion field day to be held July 4th. July 4th. The matter was left with the Supt . to work out with the Supt . of Parks , so that there would be no conflict with the holiday sports. The matter of guard rails was again broughtto Guard the attention of the Board. Mr. $camman stated that rails. the guard rail on Lowell Street should be installed. The Board therefore authorized the Supt . of Public Works to erect the guard rail, about 600 feet , at 75i per foot , on Lowell Street. Letter was received from the Supt. of the Water 63 and Sewer Deoartment in which he cal led attention to the fact that the residents of Lisbeth Street desired a sewer. Request for It was decided to advise these parties that the sewer. matter will be taken up at the next Town Meeting. The Supt. of Public Works was authorized to reply to the letter. Letter was received from F. K. Bishop, 63 Quincy Street, Medford, in which he called attention to the fact that sometime ago he requested that water be extended to his house on Gleason Road. This letter had evidently been mislaid by the Water Department Request for and the water was not put in. However, Mr. Custance water, reported that he had made arrangements to have the Gleason Rd. water connected to his house and this work will be started tomorrow. Mr. Scamman stated that this would leave a dead end and the water should be taken up to Fuller Road and then it would close in the dead end. This was authorized by the Chairman. It was voted to insert an article in the Warrant Warrant re for the next Town Meeting requesting a sewer in sewer, 0_-tk- Oakland Street . land St . The Chairman reported that Ernest K. Figenbaum ' who applied for a position, was working out very Foreman. nicely as a working foreman. Mr. Custance reoorted in regard to the construc- tion of Mass. Ave. by presenting a plan made by the State Engineers, showing the layout of Mass. Aven from Lake Street to Parker Street, and giving the drainage problems which must be taken care of. Mass . Ave. Mr. Custance explained these problems to the State and stated that Mr. Fischer did not want the drainage to go in on his place as it now does, and Mr. Custance explained that this would noW be taken down Mass . Ave. and sent out to the brook. The drainage will also be taken from a point back o" the Mulliken property up to the brook. Mr. Custance had figures on the estimated cost of construction and informed the Board that authority has now been given by the State to the Town to do this work. The Supt . of Public Works ' attention was called Water in to the water which stands in front of the O'Connell front of house on Mass. Ave. at the corner of Winthrop Road. O' Connell Mr. Scamman stated that it would cost about X500 - $600 premises . to carry the water away, inasmuch as there has always been trouble there when there is lots of rain. Mr. Seaman stated that it would cost about Fletcher rive. $5090 to install drainage in Fletcher Avenue. ' drain. 64 11 East Lex. The attention of the Supt . of Public Works playground was called to the fact that the playground in East Lexington must be cleaned up. Mr. Custance called attention to the fact that R.abbish Sunday mornings, there is a great deal of rubbish boxes . on the highways and he felt that this should be cleaned up or that the Town should furnish rubbish boxes.: si,, ewalk The Supt . of Public Works was requested to get work. together his figures for sidewalk work to be done this year. The weekly report of the Supt . of Public Works was received. The meeting adjourned at 11 ;40 P.M. A true record, Attest : C1rk. * The Supt . of Public Wo ks was requested to find out the price of rubbish boxes and it was felt that possibly one might be tried out to see whether or not rubbish ws placed in it .