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HomeMy WebLinkAbout1931-06-30 99 SELECTMEN'S MEETING JUNE 30, 1931. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building at 7 :30 P.M. Messrs. Trask, Cus{ance, Blake, Shannon and Gilcreast were also present. The Supt. of Public Works and the Clerk were also present. The following licenses were granted: Transfer of the Sunday Sales License of George W. C]afLiL to a Commoh Victuallers, Philip P. Leaf, 147 Bedford Street , without charge. Hairdressing - Mabel W. Hopkinson, 1747 Mass. Ave. Licenses. Harriet Mutherson, Katherine MacDonald ft The Board voted to grant Mrs . Anna Hannaford a Sunday Sales license free of charge, the same to be done as a charitable act . At 7;45 P.M. Town Treasurer, James J. Carroll, presented the following bids on the $60,000 School House loan. Atlantic Corporation of Boston 100.333 Harris Forbes 100.08 School House loan bids. The Board voted to accept the bid of the Atlantic corporation at their bid of 100.333 and to instruct the Town Treasurer to notify the Bank that this bid was accepted. Mr. Paul Bowser who owns a large tract of land in the location of the race track, came before the Board together with some of his neighbors , Mr. George Bailey of East Street, Thomas Cavanaugh, Grant St . Mr. Dunn, the contractor for Mr. Bowser was also present. Mr. Bowser applied to the Building Inspector for a permit to erect a building on his tract of land, and the Building Inspector felt that his request came under the provisions 6fthe Zoning Law, Section 7 B of Area Regulations, and therefore Mr. BoWser did not grant a permit to build the building. re erection Mr. Bowser informed the Board that he intended of cottage, too build this building for a summer place, owing to race track. 1 the fact that he has a swimming pool there and he wanted this cottage so that he would have a place to come and bring his friends , and a place to dress and undress and get a lunch. He put a road through from this place to East Street down to the barn on his property. The bnilding Inspector informed him that it eight be necessary for him to have a hearing. Mr. Bowser brought along with him the neighbors 100 Ul who might be notified if a hearing were held, and they were in favor of the permit being granted. These people are the ones who would be able to see the building after it was erected. Mr. Bowser stated that he did not intend to sell any house lots, but he just wanted the place for his own pleasure and to visit on week ends. He lives in Cambridge at the present time and intends to come here later and build a house . Mr. Dunn explained that the building was supposed to be a camp but it complied with all the Building Laws. It will have a trench wall for the cellar but there willbe no cellar under it, and the building would face the pool. It will be located about one- eighth of a mile from Grant Street and about 1700 ft . from East Street. Mr. Bowser gets the water for the swimming pool from springs. There is an outlet from the pool which runs into a ditch. The house was proposed to be built about 600 feet from the brook; the property is only one lot of land. The Board considered the application, and felt that the intent of the Zoning Law was not to cover such cases of this kind and compared it with any farmer who might wish to build cottages on the farm for the .elp, and did not believe that there was any necessity for locatIng a street to the house. The Board voted to advise the Building Inspector to grant this permit . Hearing having been advertised for a Board of Survey hearing at 8 P .M., hearing was declared open on the Board's intention to establish a Board of Survey layout of streets marked "A" and "C", streets Board of Survey being laid out on the property of Helen A. and the McCaffrey heirs of Mary J. McCaffrey. Helen A. McCaffrey and Property. Helen Ready appeared at the hearing. The Town Engineer presented the Board of Survey plan to be accepted by the Board, and Miss McCaffrey felt that this did nOt appear to be the same layout as the plan she had when she signed the proposal. The Town Engineer therefore broughtin the original plan from which the copy she had was made, and stated that it wasi-the sale layout, which is now ready for approval by the Board of Survey. Miss McCaffrey stated that there were six acres of land in her property, and that she was perfectly satisfied with the layout ss shown. The Board therefore, voted to sign the layout by the Board of Survey of Streets marked "A" and 'C". Mr. John N. Connors came before the Board as a result of a letter sent to him requesting thit he remove ri s pigs and buildings located in Lexington within one month from the date of the letter. Mr. Connors stated that he had 2500 pigs that were about 3 months old located in Lexington. He did not know that the Buildings which he built were in Lexingtoh until the Town Engineer had laid out the lines of his property. His land is in the woods, and while he knew he owned 101 land in Lexington, he did not realize where the line was. He stated that the market for pigs at the present time is very low and there would be no market for them at present. He asked permission from the Board to allow him to raise this crop of pigs until he could J. N. get a marketable price for them, which would Connors probably be someti*e in the winter. If he could before do this, he would then take down the buildings and Board. get rid of the pigs. He stated that had he known these buildings were in Lexington, he would have applied for a permit long age, inasmuch as he had moved the pigs from Lexington six years ago and he had built these buildings Ah that time. They wculd not allow him to erect any more buildings in Lincoln. The Board requested Mr. Connors to keep his garbage truck covered while collecting the garbage in Lexington. After Mr. Connors retired, the Board voted to allow John N. Connors until the middle of the winter to get rid of his pigs and buildings. Letter was received from the Town Counsel in which he stated that he looked up the matter of Clarke Street drainage. He stated that he had suggested postponing the construction of this drain beacuse of Mr. Ryder's threat of a damage suit for divert- ing the water into Vine Brook. He was now informed that there are several old drains into Vine Brook from that region, and he believed that the water which Ryder will be carried by the proposed drainwould naturally drain. have drained in some way into Vine Brook. The new drain will probably accelerate the flow $tn times of rain, but he felt that it would not materially increase any flooding which may occur on the Ryder land. He therefore saw no necessity for postponing the construction of drains. The Board therefore voted to instnnict the Supt . of Public Works to have this Clarke Street r'rain constructed at his convenience. Mr. Custanee reported that he was to have a Conference, conference with Mr. Sabin and Mr. Dalton, State Mass . Ave. Highway Engineers on Thursday at 3 o ' clock, at which time they were going to discuss the matter of using local stone on a section of Maas Avenue, and to go over the figures for this construction work. Mr. Trask reported having attended the hearing at the County Commissioner's office this morning, at Hearing re which time the Winchester Board of Selectmen appeared. street from • before the County Commissioners to endeavor to)secure Winchester an appropriation for the construction of a highway in to Lexing- Winchester, which is to connect at some future date ton. with a street in the Town of Lexington. Mr. Trask stated that the County did not look with favor upon this layout, until the Town of Lexington does something definite that would show that they intend to lay out a highway in this location. 102 cta The Board discussed the matter of whether or not a Board of Survey layout should be made of Lake Street and Columbus Street, prior to the installation Board of Survey of water mains in these streets . layout of The Supt . of Public Works reported that these Streets streets had been laid out prior to the acceptance discussed. of the Board of Survey Act. The Clerk reported that some time ago there was an application for the acceptaice of these streets, but owing to the expense, the abuttors did not carry - it through. The Board, after discussing the matter of whether or not there would be any claims for danages if they change the grades of the streets while they are putting in the water pipe, decided not to make a Board of Survey layout but to have the Town Engineer establish the grades . The Town Engineer reported that Mr. A. C. Whitney Land for was agreeable to giving land around the corners of corners, A. his property for the purpose of widening the corners, C.Whitney. but requested that the stakes be out in showing the intended change on his land and Mr. Blake 's land. Letter was received from the Town Counsel in which he stated that he looked up the records in reference to the Old County Road, and found that in the earlier days, the County Commissioners had the Old County right to abandon streets and that no action was Road necessary by the Town at that time. He stated that the record showed the discontinuance of a street for a public high-way, therefore the abutting land owners have private rights of way over the road. He advised making a new layout in the ordinary manner. The Board discussed the Board of Survey layout of a road from the Franklin School to Marrett Road Board of and voted to have the Town Engineer study this situation Survey with a view to establishing a Board of Survey layout . layout. The Board also requested the Town Engineer to make a study of the layout of a street from the Franklin School to Blossom Street. The Board voted to give notice of their intention Allen St. to lay out Allen Street from a street formerly called Allen Street a distance of 600 feet northerly. The Town Engineer reported that he has. been Sewer over the sewer situation with Metcalf & Eddy, and he Situation hasabout three weeks work outside on the sewer layout . He stated that Metcalf & Eddy felt that owing to so many outlets that there was considerable work to be done. 103 The Board voted to adopt orders establishing side- walks along the property listed as follows: I Frederic R. ,& Dora L. Galloupe, 6 Winthrop Rd. Daniel J. 0 Connell 1 Winthrop Rd. Lora B. Worthen 5 Winthrop Rd. Daniel J. O'Connell 1536 Mass . Ave. , car. Winthrop Rd. Sidewalk Mabel S. Liscomb 1556 Mass . Ave. orders. Olive C. Myers 1568 Mass. Ave. First Baptist Church 1580 Mass. Ave. 1598 Mass. Ave. Emelie LeVeau 5 & 7 Grant St. Mary A. Spellman 6 Shirley St. Ruth B. Bradley 12 Bent St. Jamima F. Haynes 25 Hill St. ' Fred W. & Lucy A. Miller 12 Winthrop Rd. Ellen D. Lewis Winthrop Rd. Commitment of water charges in the amount of $7755.95 and Commitment of sewer rental charges in the Commitments. amount of $1379.64 were signed by the Bosrd. was receivedfrom Letter ive Axel Zetterman of the Massachusetts State Association of Selectmen in which he stated in reference to Senate Bill #504 that Representative Albert H. Burnham ably represented the Senate Bill Town at the hearing on this Hill. He believed that #504. considerable legislation would be passed this year to relieve towns of the burden of road construction, maintenance, repair, etc. He requested the Board's cooperation and presence at the next meeting of the Middlesex and State Associations. Letter was received from Mr. Daniel J. O'Connell in which he enclosed Check for $138.81 reimbursing the Town for money advanced to John McKenzie. This J. McKenzie abount was deducted from the Insurance received by compensation Mr. McKenzie from the Employers Liability Assurance insurance. Corp. in connection with his claim for personal injury. Mr. O'Connell stated that Mr. McKenzie intimated that it was only a matter of time when he would be agan dependent provided he lived in Lexington, if the Town would allow him to keep the proceeds of this insurance used to reimburse the Town. He would go down to Prince Edward Island to his sister's home where he could live with her cheaper. However, he will be unable to do this if he has to - reimburse the Town in the amount of W8.81. The Board left the matter to the Ylerk to communicate with Mr. McKenzie relative to his intention of going to Prince Edward Island. Communication was received from the State Depts. of Public Health and Conservation in which they stated that as a result of a conference attended by city and 104 o' town officials from all sections of the State, they recommended that all dogs be restrained for a period of 1.4 90 days from July 1st. The Board therefore voted to adopt the following order: Dogs. RESTRAINT ORDER Lexington, Mass. June 30, 1931. ORDERED, that all dogs shall be restrained from running at large within the limits of the Town of Lexington (that is, tied, leashed, or kept *ithin doors) during the period from July 1, 1931 to October 1, 1931. Bass Ave. The Board signed the contract for the construction contract of Mass. Avenue from Lake St. to Parker St. in duplicate. signed. Letter was received from Mr. John E. Oilcreast Suggestion in which he requested that the Town of Lexington open re check- a checking account with the Exchange Trust Co. Be gave ing acct. a list of places that carried accounts with that bane as follows: United States Government City of Newton Commonwealth of Mass. City of Cambridge City of Boston Town of Arlington City of Medford Town of wPinthrop City of Revere Town of Stoughton The Board was in favor of this being done, but felt that it was a matter for the Town Treasurer to decide upon, and requested Mr. Trask to talk with the Treasurer about the matter. Letter was received from the Supt. of Public Wi ks in reference to Independence Avenue. He stated that this street was only 33 feet wide for a distance of j 500 feet and cannot be widened unless buildings are [ Parking, moved or part of them cut off. He recommended pro- Independence hibiting parking of •automobiles for a distance of 100 Avenue feet on Mass. Avenue from the South side of Indepenndence Avenue. The Board discussed the matter, and voted to instruct the Town Engineer t make a stud ofde nd- e ee Ave with,respeet to n�q 1 board also discussed the, matter ofark g on epe *. -nce ve. and it was voted to amend the park as follows: VOTED: That the Parking-Regulations adopted by the Board of Selectmen June 17, 1930 be and they hereby are amended by adding thereto the following amendment: "There shall be no parking on Independence Avenue on either aide for a distance of one hundred feet westerly from Massachusetts Avenue." Robert P. Trask Chairman, Board of Selectmen. 105 Dr. Clarence Shannon read a written report. made by him and Mr. Scamman of the condition of the dumps in the Town, and giving their recommendations. They reported that most of the dumps were in an unsightly condition. They side several recommendations in regard to cleaning up all of the dumps, recommending that the dumps toe well Report on posted as to how and where the material must be dumped dumps. and that all streets where there is a tendency to]leave waste material be posted with prohibitive signs against dumping and that the Police be asked to cooperate to enforce these regulations. The Board complimented Dr. Shannon en, their complete report and requested that he and the Supt. of Public Works see that the recommendations contained in their report bre carried out. Dr. Shannon reported that it would cost about $400 to have all this done. The Jury list of 100 names was approved and signed by the Board. Jury list. Mr. Trask reported that Mrs. Lowell reported to him that her Attorney advised that she get a statement from the Selectmen stating that they had no objection Erection of to her dividing a double lot into two for the sale of houses on her property for two house lots. double lot, The land was originally sold to her by F. D. Peirce Mrs. Lowell. and was restricted to be sold for one house lot. The Board considered the matter and decided to inform Mrs. Lowell that they saw no objection to constructing the houses on the double lot, although they had no authority in the matter. The Chairman reported that Mr. Fred Bartlett who operates the Battle Green Golf Course, requested per- Request for mission to have a dance hall license. He desired to dance hall. have a platform about 30 feet square. The Chairman Was to request Mr. Bartlett to bring in a petition signed by the abuttors stating that they would be in favor of this dance hall. It was decided to write another letter to the party Shrubs block- owning the property at the corner of Lockwood Street and ing view re- Mass. Avenue requesting a definite answer as to whether gxested to be or not they intend to cut the hedge at the end of that cut. street which blocks the view of the public. The Chairman was requested to have Mr. 0. J. Gorman take out a tree at the triangle at the corner of Woburn Street and Mass. Avenue, and to have the shrubs trimmed Shrubs & in front of the sign. trees, at The Town Engineer was also to bring in a sketch triangle. at the next meeting of the Board, showing the shortening of the points of this triangle. Letter was received from the Town Counsel in regard 106 144 to the Shea property on Cedar Street in which he stated 0.4 that the authority of the Board of Health to deal with this building is under General Laws, Chapter 111, Section 128. In accordance with this section, notice must be, given of the preliminary action in writing to any of the occupants. It does not have to be given to the owner. If the occupants fail to clean it up after such written notice, the Board may remove the occupants and close the premises, and the owner cannot Legal reopen the place without the permission of the Board Opinion re of Health. Mr. Wrightington's office reported that Shea prop- there had been no application for administration or erty. probate petition in the estate of Nellie Shea. An examination at the Registry of Deeds showed that no mortgage has been on the property since 1920.. Edward Shea was committed under date of June 26, 1931 to Westboro State Sanitarium. Upon receipt of instructions from the Town Counsel under date of June 25, 1931, the Clerk, upon instructions from the Chairman, issued the following order under date of June 26, 1931: June 26, 1931. Mr. Nicholas Shea 38 Cedar Street Lexington, Mass. Dear Sir:- The Board of Selectmen, eating as a Board of Health, hereby order under authority of General Laws, Chapter 111, Section 128, that you clean up the premises at 38 Cedar Street, occupied by you so that the same shall be in a cleanly and sanitary condition. Otherwise, after July 11, 1931, you will have to vacate the premises. By Order of the Board of Selectmen Acting as a Board of Health By Helen C. Whittemore Clerk. The Board now awaits the inspection of the premises by the Health Inspector. The Chairman reported having written a letter to Speed of the Lovell Bus Line Inc. relative to the rate of speed ' Lovell Bus that the busses travel on Massachusetts Avenue. He reported. stated that he had. followed one of the bussds at the rate of forty-five miles an hour, travelling through the thickly settled area of E. Lexington, and therefore reported the matter to the Lovell Bus Line Co. Letter was received from the Town Counsel in which he stated that the letter which the Board referred to 107 him under date of June 16th relative to a suit, refers to a suit brought by Sarah Holmes for the widening of Suit tor Mass. Avenue. She had already filed a petition against damages, the Town and this one was against the County Commiss- Sarah sonars. He stated that he was looking after the matter. Holmes. The Chairman reported in reference to the complaint .of Mr. Robert B. Lumsden, Reed Street, who cbmpla±ned about the fray 'he was- tr6ated"bT Officefe'Lime. When he iwas arrested for violation. of_..the traffilc lights, and not Mr. Lumsden having a license, that he had a report from the Chief of Police giving a list of incidences where Mr. re arrest. Lumsden had been arrested previously and had been in i",'burt, although he stated to the Court that he was em- barrassed, as this was a new experience for him. The Board decided to notify Mr. Lumsden that after makingan investigation of the case, it is the sentiment g of the Board that the Police Officer was within his rights. , Letter was received from the Town Counsel in which he enclosed a deed of the land to be conveyed to the Town by Miss Ellen A. Stone. He stated that he examined the title of the property and assumed that Miss Stone derived it from the estate of her father.. In his opinion the title is vested in Miss Stone free and clear of all encumbrances. He referred to the Town Ccu nsel II original plan and stated that he understood that it re Stone was drawn up in view of the fact that sometime later matter. the Selectmen would adjust the boundaries with the adjoining owners and that a further plan with definite boundaries would be recorded by agreement with them. The Town Counsel also enclosed an order for the taking by eminent domain of the property for park pusposes. The Town Engineer was present and checked the descriptiora contained therein, and stated that he found the same to be correct. The Town Counsel advised that the order of the taking by eminent domain for park purposes be filed at the Registry of Deeds within 30 days. Letter in reference to Summit Rd. sewer was received by the Board from the Town Engineer. He also enclosed a sketch showing the conditions at this point Sewer, and stated that Mrs. Bishop stated that she was not Summit Rd. interested in a sewer at this time, although she had trouble with her cesspool overflowing. The Bishop property at the corner of Follen Road and Summit Road could be more easily served by a sewer in Summit Road going through the passage way than by a sewer which may be constructed in Follen Road. He gave the Aigures of the assessments based upon an extension of 300 feet as follows: 11.013 Supposed Owner Lot Assessment Say Wm. A. & , 'r snces E. Cann A $154.27 $100. " B 119.13 125. " C 120.08 130. Thomas J. Bishop #30 220.77 230. " Passageway 20.19 25. Part #31. 203.27 210. State Aid State Aid payroll in the amount of $12. for the Payroll. month of June was signed by the Board. Letter was received from David H. Govenar in reference to the burning of a dump on the Murphy property. Mr. Govenar complained that it was enough to put up Complaint with the unsightly dumps in the Town without having to re dump. put up with the smell of the dump burning for five days. It was decided to reply to Mr. 4ovenar's letter that this dump was being cleaned up at the request of the Board, and he probably would be no longer troubled with the condition as it existed at the present time. Permission was granted to the N. E. Tel. & Tel. Pole Co. and the E. E. I. Co. for joint location of 23 locations. poles on Marrett Rd. northerly from the Junction of Middle and Cary Streets. Permission was granted to the N. E. Tel. & Tel. Co. and the E. . I. Co. for joint location of 10 poles on Mass. Avenue easterly to Woad Street. The Supt. of Public Works reported in writing in Drainage, regard to the drainage conditions at Reed and Ash Reed & Streets. He and the Town Engineer looked over the Ash Sts. property and stated that the house of Mr. C. W; Brooks was higher than the street, but the land in the rear of his premises was lower, and the water stood on the land. However, the property did not receive any of the drainage from the street, and he did not see any reason why amthing should be done by the Town. The Board voted to request the Chairman to reply to Mr. Brooks in regard to the situation. ' Complaint The Supt. of Public Works stated that he had a B.& M. re complaint from the Boston & Maine R. R. Corp. about brush. the brush between Mariam Street and the old yard that used to bd occupied by the Town. The Old Age Assistance Board voted, after Old Age consideration on the application of Mr. and Mrs. Geo. Assistance. W. Makechnie, 17 Waltham Street, to grant Old Age Assistance to this couple in the amount of $12. a week, fuel and medical aid. 109 Mr. Blake reported in regard to the application P PP n of Frank A. Fogg, that Mrs. Helen A. Brennan, Oakland Street, who had a mortgage on the Fogg property, went away on Sunday to the west, and he went there and took over the mortgage of *280. which she had on the property. - Mr. Blake stated that Mrs. Fogg died without a will and no administrator was appointed; therefore the children were entitled to their share of the prop- erty. Mr. Blake recommened to Mr. Fogg that inasmuch as his daughter, Ida, remained with him and spent her money taking care of him, that she should receive more consideration than the other children. Mr. Blake was to secure the papers for admin- istration of the estate and have Miss Ida Fogg sign them. The Chairman reported having read the Board of Health Regulations and handed them to Mr. Gilereast to read and report. The weekly report of the Supt. of Public Works was received. The meeting adjourned at 11:10 P.M. A true record, Attest: Clerk.