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HomeMy WebLinkAbout1931-10-05 190 .. SELECTMEN'S MEETING Ct) OCTOBER B, 1931. A regular meeting of the Board of Selectmen was held at the Selectmen's Room, Town Office Building, a 7 :45 P.M. Messrs. Trask, Custance, Blake, Shannon an Gilcreasb were present. The Supt. of Public Works and the Clerk were also present. At 7 :50 P.M. the Board declared the hearing open Alden on the approval of plans of Alden Road. The plans were Road presented by the Town Engineer, and the Boardvoted to approve them. The lotting plan was also approved. Robert L. Ryder came before the Board in reference to the action taken by the Town at the Town Meeting rela- tive to laying water mains to his property at the corner of Lowell and North Streets . This water main was the only one that was not put through at the Town Meeting, and he felt that if the situation was known by the voters that they would have passed favorably upon it. He stated that there were five or six families who would be benefited by the water being extended, and that he was willing to sign the guaranty. He stated that he has had three families who wanted R. L. Ryder to buy his place, but they would not do so on account of re water main-the water supply. If °he put in a well it would probably to Lowell & cost him five or six hundred dollars. North Sts . He stated that Mr. Mercadante who lives on Lowell Street hauls water from Vine Brook for his cows, and for his children to drink. He stated that inasmuch as another town meeting is coming he requested that the Board put the article in the warrant, or he felt that they had the authority to put water in this location if they desired, and asked that something be done so that they could have a water supply. He stated that he had nine hundred foot frontage on the street. The Chairman stated that the Board would certainly put the article in the next warrant if they did not do anything else about the matter. Hearing was declared open on the application of Mrs . Mary Pierce, 43 Farmcrest Ave. for permission to Garage erect a one car wooden garage on her premises. Mr. hearing. and Mrs. Pierce were present at the hearing. As no persons appeared to object, it was voted to grant the, permit providing it meets with the approval of the Building Inspector. The Board confirmed the action of the Chairman in signing on October 5, the bill of complaint against Harry Boinay and J. V. Boinay as follows : COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss . SUPERIOR COURT 191 TOWN OF LEXINGTON ' v. JOSEPH V. BOINAY AND HARRY F. BOINAY BILL OF COMPLAINT The Town of Lexington a municipal corporation it Mi3dlesex County, plaintiff, brings this bill of complaint against Joseph V. Boinay of the said Lexington and Harry F. Boinay of Natick in the County of Middlesex, defendants, and for cause alleges as follows. 1. The plaintiff has heretofore adopted a zoning by-law for the Town of Lexington under the authority of G. L. Ch. 40 and Ch. 143. Under the said by-law the Town is divided into districts in which the uses of premises are restricted. In certain districts, called "R 1 Districts", only certain specified uses are permitted, which do not include retail stores or roadside stands for the sale of produce or merchandise. By sec. 9 of the said by-law a Board of Appeals is authorized to make exceptions to and vary the application of the regulations established by the said by-law upon certain terms and conditions and among the exceptions so authorized is the following: "f. Permit for yearly terms a roadeide stand for the sale of only the products of the land of the owner that is within the Town, provided that the front yard regulations and all other conditions imposed by the Board of Appeals are complied with." 2. The plaintiff is informed and believes and therefore alleges that the defendant Harry F. Boinay is the owner of certain premises on Pleasant Street in the said Lexington near its junction with Watertown Street, which premises are occupied by the defendant Joseph V. Boinay, who is maintaining thereon adjoining the highway, with the knowledge and consent of the defendant Harry F. Boinay, a roadside stand for the sale of produce and other merchandise without obtaining therefor a permit for the year 1931 from the said Board of Appeals , and that he is selling to the public from the said stand merchandise other than products of the land of the said Joseph V. Boinay which is within the Town of Lexington. 3. The said premises of the said Harry F. Boinay a 'e in an'R 1 District" . Pleasant Street in front 014' the said premises is a narrow and much travelled way and from time to time automobiles stopping in front of the roadside stand of the defendants causes congestion of I traffic on the street. WHEREFORE the plaintiff prays 1. That pending the determination of this suit the defendants and each of them be enjoined by the order and injunction of this Honorabbleflourt against maintaining o _. 192 CJ ald operating the said roadside stand without a permit from the Board of Appeals and without compliance with any conditions imposed by the Board of Appeals. 2. That the defendants aid each of them be per- manently enjoined by the order and injunction of this Honorable Court against maintaining and operating the said roadside stand without a permit from the Board of Appeals and without commlianee with any conditions imposed by the Board of Appeals. 3. For such other and further relief as the nature of the case may require. Town of Lexington By Robert P. Trask Chairman of Board of Selectmen Town Counsel ngt r COM"."ONWEALTH OF MASSACHUSETTS , MIDDLESEX, ss. October 5, 1931 Personally appeared before me Robert P. Trask and made oath that he has read the above bill of complaint and knows the contents thereof and that the same is true of his own knowledge, except as to matters stated on information and belief, and as to those matters he believes them to be true. William S. Scamman Notary Public Letter was received from Mr. J. V. Boinay in Mr. which he appalled for a permit to build a building in Boinay. place of the stand which he now has 30 feet in from the street. This is a matter for the Board of Appeals, and Mr. Boinay was so advised. Letter was received from Frederick L. Emery in F.L.Emery reference to his opposition to the. vote offered by the re Town Board at the Town Meeting relative to the Town Seal. Heil. Mr. Emery called attention to the seals of various com_anies `n business , and felt that if they were changed it would make a great difference in the business, and for this reason felt that the Town should not change its seal. 193 Mr. Hallie C. Blake was requested to see Mr. kmery and advise him that the figure on the Town Seal is that of the Concord Minute - h rather than that oe the Lexington Minute Mtn, and that is why the Board desired to have the seal changed. Notice of the meeting at the County Commissioner's Office on Thursday, October 8, It 2 P.M. to discuss the Meeting at highway work for 1932 was before the Board. County Mr. Custance agreed to attend the meeting and discuss Commissioner's obtaining funds for Lincoln and Wood Streets. The Board signed the following order to be filed at the Registry of Deeds accepting Allen Street as a public highway. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington At a meeting 8f the Board. of Selectmen of the Town of Lexington held the 6th day of October, 1931, it is ORDERED: Whereas the Board of Selectmen of the Town of Lexington, having determined and adjudged that common con- venience and necessity require that a town way be laid out in the location hereinafter described and having complied with the requirements of law relating to notice, did pan the 14th day of July, 1931, lay out as a town way the way known as Allen Street from a street now or formerly called Allen Street, a distance of about 600 feet northerly, accordingly and duly filed their report of such laying out with the boundaries and the measurements of the same in the office of the Town Clerk of said town on the 15th day of July, 1931 and whereas at a town meeting duly called waned and held on the 28th day of September, 1931, in accordance with the provisions of law applicable thereto, it was VOTED: That the Town accept the lay out as a town way of Allen Street from a street now or formerly called Allen Street a distance of approximately 600 feet northerly, as laid out by the Selectmen, under the Betterment Act, and as shown on plan by John T. Cosgrove, Town Engineer, dated July 2, 1931, on file in the Town Clerk's Office, and for the purpose of constructing said street the sum of $1200 be transferred from Excess and Deficiency Account. NOW., THEREFOR, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby under and by vitrue of the provisions of Chapter 79 of the General Laws and of any and every other power and authority us hereto in any way enabling, take the right or easement to use for all the purposes of a town way for the use of said Town of Lexington, the land in said town bounded and described as follows : The westerly line of Allen Street begins at a point in the northerly line of a street now or formerly called Allen Street 194on b-I said point being southeast-rly and distant about `37 feet from the easterly line of Waltham Street , thence bea' -n;r to t e left 0.4 with a curve of radius 30.00 feet distant 53.59 feet to a point o`f tan en 'theFi 9 1.93 '591:319'" '•W $19 iti't :2©9: 1 "eget 'td' a'pdi it g cY�� (ef curvature, thence bearing to the right with a curve of 1144.53 feet radius distant 122.02 feet to a point of tangency, thence N 4°07 ' E distant 73.63 feet to a point of curvature, thence bearing to the left with a curve of 532.40 feet radius distant 76.97 feet to a point of tangency, thence N 4°10' W distant 75.89 feet to a point . The easterly line of Allen Street begins at a point in the easterly line of a street now or formerly called Allen Street, thence bearing to the right with a curve of 521.49 feet radgy,@, dis- tant,124.36 -fect to a point of curvature, thence .bearing to the right with a curve of 1104.53 feet radius distant 117 .75 feet to a point of tangency, thence N 4° 07 ' E distant 73.63 feet 1 to a point of curvature, thence bearing to the left with a curve of 572.40 feet radius distant 82.75 feet to a point wf tangency, thence N 4° 10' W distant 75.89 feet to a point . The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved intersections mrith the street now or formerly called Allen Street . The above description is intended to conform to the plan of said street entitled, "Plan of Allen Street at Franklin 'School Property, Lexington, Mass . , July '2, 1931, Scale 1 in. - 40 ft. , John T. Cosgrove, Town Engineer, " which plan is on file in the Town Clerk's Office in said Lexington and a copy of which will be recorded with Middlesex South District Registry of Deeds with a copy- of this order. All trees, if any, upon the land taken are included in this taking. Betterments are to be assessed for this improvement . The area which it is expected will receive benefit or advantage other than the general advantage to the community, $dm, such improvement is described as follows: The same being lands now or formerly of Henning W. & Alex M. Swenson, Town of Lexington, Jesse P. Faria, Mary C. Faria, and Jacintho S. Condinho, as shown on a plan entitled, "Plan of Allen Street at Franklin School Property, Lexington, Mass . , July 2, 1931, Scale 1 in. - 40 ft . , John T. Cosgrove, Town Engineer. The said area comprises the several lots shown upon the plan hereinbefore referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be asl- shown in the schedule which is hereto annexed and made a part hereof. We determine that no damages have been sustained and none 1 1 are awarded. 195 WITNESS our hands at Lexington aforesaid this 6th day of October, 1931. Robert P. Trask Selectmen Clarence Shannon of the Hallie C. Blake Town Theodore A. Custalce of John E. Gllcreast Lexington. ALLEN STREFT ESTIMATED ASSESS1NNT OF BETTERMENTS TO ABUTTORS. No betterments are assessed and no damages are awarded. Mr. Trask called attention to the work being done on the construction of Allen Street, and stated that there was only $1200. appropriated for fixing this street, and that more than that has already been spent . The Chairman called attention to the fact that there are a great many peddlers peddling ,carious products and he felt that some sort of license should be granted to all peddlers in the Town. Peddlers The matter was left with the Chairman to look up and find out whether or not these persons could be locally licensed. The Clerk reported not being able to find any additional records of the layout of Grant St. other than what have already been forwarded t.o the Town Counsel. Grant St. Mr. Custance requested that a petition for the acceptance of Fletcher Ave be sent by mail to Frank E. Haynes who was interested in the acceptance to Hayes Lane. Fletcher St. Application was received from the Salvation Army for permission to hold a Tag nay in Lexington on Saturday, October 10th. The Board voted not to grant permission to have Tag 'gay inasmuch as they felt the commtttee in Lexington collectitg funds for the Salvation Army could handle the matter of collections in this Town. Application for the use of Cary Memorial Hall for four Cary evenings was received from the Unitarian Laymen' s League It Hall for wis intended ti is year to have silent pictures . Unitarian, The Board voted to grant the use of the hall at the Laymen' s rate of $25.00 each evening plus $5.00 additional charge League. each eveninM for the use of the moving picture machine. In reference to the matter of the use of the playground for football on next Sunday, the Chairman reported trat he was waiting to hear from Mr. William G. Potter. Application for the use of the playground was made 196 COI by the Minute Boys who are not yet able to make the larger team. lat The Chairman informed the Board that he had a talk Use of with Mr Roland E. Garton about the use of the playground, playground and was advised by him that he has an understanding with on Sundays . Mr. Scamman's clerk that unless some one wishes the use of the playground that they would have it *tthout applying for it each week. The matter was left to the Chairman to straighten outi The Chairman also reported that Mr. Garrity had refused Use of the use of the playground for the field hockey for the playground High School girls . fdr hockey. Mr. Garrity was endeavoring to save the grass on the field. However, the Board felt that the Girl 's Hockey Team should have the use of the field. The Chairman Edward n reported that Edw rd W Taylor, Chief of the Fire Dept. informed him that he was going to Fire a convention of Fire Chiefs at Havanna, Cuba. Chief re The Chairman informed him that an article would have convention. to be inserted in the warrant requesting the expendittee of this money. Mr. Taylor stated that the Appropriation Committee approved the amount in his budget , therefore, he felt that he was entitled to it . Mr. Custance stated that complaint had been received from Mr. C. Edward Glynn of the Board of Appeals about the Complaint, loud speaker at Viano' s garage, and asked if the Board Viano could do something about this noise in the cetter of the radio. Town. The Board decided to write a letter to the garage stating that they had a complaint, and asking them to discontinue the loud speaker. Letter was received from the Board of Trade, Ernest Letter C. Martin, secretary of the Board of Trade, complaining from Board o"' persons loafing in the doorways of the stores in the of Trade Town. re loafers The matter was referred to the Chairman to take up in door- with the Chief of Police to see that some definite action ways of was taken to stop this practice. Town. A petition was received requesting estimate of cost Deoritiiiv Rdq,f constructing Downing Rd. from Marrett Rd. to Outlook Drive, and Outlook Drive from its present terminus to Brigg's Outlook Drdriveway. Both of these petitions were referred to the Town Engineer for the estimate of cost. Letter was received from the Town Clerk in which he Appointment informed the Board of the appointment of the Committee II of to revise the Code of By-laws , and also the Committee on Committees . Cary Lectures . Letter was received from the Town Counsel in which he enclosed a form of indemnification to be signed by Annie Harrington prior to the Town deeding a part of Vine Brook Rd. to her. 197 Abatements of the following Public Welfare Dept. charges were made : City of Fitchburg, For aid rendered to Abatements , Walter Pratt, $90. , December 12 , 1930. City of Boston, Public Wel- for aid rendered to Dorothy Babine, $173.85, September 23, fare Dept. 1931. The bill for the care of Walter Pratt has been paid by the State, and the bill for the care of Dorothy Babine will alio be paid by the State. It was voted to renew the Sprinkler Leakage Insurance on the Cary Memorial Building in the amount of $49,200. , and on the contents in the amount of $5,250. , and on the Town Office Building, $8,600. , and on contents $2,400. , Insurance. for the term of five years rather than three years for which rates were given in Willard C. Hill' s letter. Mr. Custantse stated that he had talked with Mr. Taylor of the Traffic Light Division of the Dept . of to-rd AvQ„ Public Works at the State Houses and was informed by valtham St. him that they would send some one out to look over the situation at the corner of Concord Ave. , and Waltham St. Mr. Gilcreast reported having visited John H. Ready, at 25 Chase Ave. , who is the father-inrlaw of James E .McCarthy, and believed after his investigation that Mr. Ready was entitled to $8.00 a week, Old Age Assistance. Old Age In regard to the application of Jennie Grant Hoyt, Assistance. Mr. Gilcreast reported having visited her at her daughter' s house, Mrs . Freeman, at 35 Vaille Ave. , and stated that Mrs . Hoyt has a very comfortable hom with her daughter, and he did not believe that she was entitled to the full amount of aid, but he felt that $3.00 or $4.00 a week should be paid to her to cover her doctor's bill. The Board felt that information should be obtained as to what her daughter' s husband does, and decided to lay the matter on the table until the information could be obtained. The Chairman reported that John Lamont employed by Rider N gs the Ryder Stock Farm, Inc. called him requesting that he be allowed to pasture twenty five or thirty pigs on the land opposite the Ryder Farm on Waltham St. , which is covered with acorns . They desired to have the acorns eaten up by • the pigs . The Board saw no objection to the pigs being pastured on this field for this purpose, and voted that a letter be written allowing Mr. Lamont to pasture the pigs on Waltham St. , and that they be allowed to remain there not later than November 15th. Mr. Custance reported that he rad awarded the contract Yiano on the repairs of the garage of Frank E Viano to James Irwin, Garage Jr. in the sum of $145. It was decided to write a letter to the Town Counsel asking him whether or not by the letter of Edward J. Gavin, of Berkeley St . , Somerville, he protected his rights for damages by the. taking of his land en Mass.Aver.ue. The Clerk reported the case of Mrs. Martha C. Kimball, 21 Forest St. who receives $40. a month pension from the 198 Wah Government. She is a Civil War Veter - 's widow. She is ninety years old, and in good health, but cannot be relied upon to care for herself, and her daughter who is sixty- R•+C Kimball five years old has to remain at home with her, and care for her. state aid The house is assessed for $7270. , and there is a mortgage of $5,000. Miss Kimball had been accustomed to doing sewing which netted her at least $25.00 a month, and they have been paying the interest on the mortgage, and living on this income. Owing to the depression the work has not been forthcoming, and she is unable to meet the coal bill of $61.00 for last winter's coal. They have no funds to pur- chase any coa:,l for this winter. Miss Kimball regrets the situation and does not want to be an object of charite, however, there does not seem to be any possible way to obtain- funds to carry them through. Mr. 'niter offered to take a second mortgage of $300. provided they pay the interest on the first mortgage. it was decided to convey this information to_Miss Kimball, and obtain her motherllr'application for State Aid. E ate, ei Mr. Gilcreast was requested to keep the Board informed of the mokiey market so that the Town Accountant Int ,rest could be advised of the rate of interest on the Sewer Loan. The Chairman read the letter which he had sent to aero the various department heads requesting them to meet priationgt the Selectmen' s Office on October 14th, to discuss matters pertaining to 1932 appropriations. Mr. Custance reported that the residents of Winter St. eater were going to bring Mr. Griswold in before the meeting next Tuesday evening. Winter at . Mr. Custance stated that it would cost seventeen or eighteen thousand dollars to extend he water main in Winter St. Mr. Custence reported that he had made a study of the water in Lowell Streei and North Street, and Adams St. , section, and stated that there were two ways that the water main could be laid. Mr. Ryder was anxious to have the water laid to his Water property and the cost for his benefit would be about $6600. He figured that the cost of constructing the main by the North St. way of Lowell and North Sts would be less than to go byway of Adams Street from East St. to North St aid in this way contributions could be received from Edward Johnson, Ru4aert Stevens , and Harvey Wheeler. He figured the cost of the extension $11,850. , figuring at the rate of $2.50 per foot, but felt that it might be laid for less than this amount. The Board discussed the matter of accepting Mr. Ryder's guaranty owing to the fact that the Ryders have not paid their taxes for 1930, and their property has gone on Tax Title. Mr. Custance called attention to the fact that not a great deal of money has been lost by the Town on the guaranty arrangement. Theee has been some at North Lexington. He also called attention to the fact that there was an attempt to put an Act through the Legislature 199 making a guaranty a lien on the property, but it was not successful:- ' Mr. Custance reported having viewed With Mr. Sabin the proposed layout of a street from Lowell St. running Proposed St. back of East Street and coming out on to Bedford Street, and that Mr. Sabin wls very much impressed with the layout. He was to discuss the layout with the Public Works Department. Mr. Custance reported placing John J. Egan of Wood St. on the committee for the redivision of Colonial Heights • Cocnial in place of Charles H. Sefton, resigned. Hts. The weekly report of the Supt. of Public Works was received. The meeting adjou'ned at 10:30 P.M. A true record, Attest : Clerk. The Board signed an order for the laycut of a sewer on Hunt Rd. from Mass. Ave. a distance of apprc _ximitely 450 f et. The Board signed an order for the laycut of a se-7er in L1 beth St. from Mass Ave. a distance of appro 111"-sly 300 feet. The Board signed an order for the laycut of sewer on Tower St. from Mass. Ave. southvuesterly a distance of arproximately 900 feet. The meetirn adjcurned at 10 30 P.M.