HomeMy WebLinkAbout1931-10-27 217
SELECTMEN' S MEETING
OCTOBER 27, 1931.
A regular meeting of the Board of Seledtmen was held in
the Selectmen's Room, Town Office Building, at 7 :30
P.M. Messrs . Trask, Blake, Shannon, Custance and
Gilcreast were present. The Supt. of Public Works and the
Clerk were also present.
At 8 P.M. hearing was declared open on the application
of the Lexington Coal ompany to increase the capacity
of the gasoline tank located on the premises at Bedford Hearing.
Street from 230 to 500 gallons . No one appeared to
represent the Coal Company.
The Board decided to notify the applica7hti that the
hearing would be laid over f-r one week.
Licenses were granted to the Standard Oil Company Alcohol
to sell denatured alcohol at the following places: licenses.
789 Mass.Avenue, 89 Bedford Street, and Waltham Street
and Marrett Road.
Letter was received from the Health Inspector in
which he stated that the cesspool on the property of Leslie
Bull at 83 Hancock Street was in ver bad condition and Cesspool,
the nuisance should be abated anti/i •r cesspool should Bull
be constructed. property.
The Board therefor voted to instruct Mr. Bull to
abate the nuisance and construct a new cesspool.
Mr. Trask reported in regard to the gift of the
Teachers Club that the teachers ,ave these funds en their
own initiative. Information was obtained that the funds
could be expended by a committee of the Public Welfare Dent. Gift
and a committee of the Teachers Club providing the Town
does not accept the gift. He recommended that the Board
not accent the gift but that it be expended 7,7 the Committee.
He recommended that the Chairman and the Clerk be the
committee to repre ent. the Public Welfare Dept. to expend
this money with the Committee of. the Teachers Club.
It appears from the dates that are set for the Cary
Lectures , that the majority of the dates are on Tuesday
evenings . T49.it is the nt ;ht that the Board of Selectmen
and also the School Committee have their regular meetings . Lectures .
The Board decided to call this to the attention of
Mr. Robert Holt of the committee on Lectures .
The Town Counsel came before the Board in regard to
Wood Street. The Town Engineer presented the topogr^phical
plan showing the Brogna property, and explained the
contour of the land. Wood St.
' The Town Counsel stated that Mr. Brogna felt that he
should get $2000. for the damages done to his property.
It appeared that the new street was built with a higher
grade than the land. The land originally, however, was
low and the Board did not deem of great value.
The Town Engineer felt that an entrance should be
made from Fairview Avenue to Wood Street through this
land, and it was considered that it might be well to
1Rconsider getting the width of the street for Fairview kiPa
Avenue.
The Board considered the matter and voted that in ,.
their opinion the sum of $2000. is an excessive amount 1.4
to be paid to Mr. Vincent Brogna for the land taken and
damq-es to his property. The Board also voted to authorize
the Town Counsel to make an offer to Mr. Vincent Brogna
not exceeding $100. for the land taken and the damages .
Letter was received from Francis E. Burke acting as
Attorney for Joseph S. and Mary A. Ferry of 20 Cedar
Damages Street in which he called attention to the damage done
to their home and personal injury by the blasting
on Monday, October 19th at two to two-thirty P.M.
At this time a "sleeper" was thrown into the air and landed
on their roof causing damage and pe-'sonal injury he
claimed.
The Board requested Mr. Custance to see Mr. Burke
and find out what he had in mind rrelative to the damage
done.
It was voted to grant Frank Dias of Concord Avenue
Garbage a license to haul garbage through the Town inasmuch as
License.
he desired to haul to his piggery in Lincoln.
Abatement of sewer assessment in the amount of
$2056.18 was signed by the Board. These assessments
Abatements. we•'e committed on August 4th, but the work was not done
at that time. The amounts wee recommitted under
date of Oct. 27th, 1931 in the amount of $2056.18
Committment of sewer charges in the amount of $486.02
WAS also signed by the Board.
Sidewalk Betterment charge of $57.28, Highway
Maintenance committsment of $25. , Water charges in the amount
of $702.09 and Highway Betterment abatement on Fottler
Avenue against Mari=aret Bartels in the amount of $332.56
and against Sarah I. Musgraves in the amount of $199.82
were signed by the Board.
Letter was received from the Mass . Emergency Committee
on Unemployment asking whether or not a committee had been
appointed iso take care of the unemployment situation
Committee in the Town.
on The Board decided that at the present time they
Unemployment4 felt the matter is being satisfactorily handled by the
Selectmen' s Oft'ice and did not deem it necessary to appoint
a committee. It was voted to inform the Massachusetts
Committee to that effect .
Letter was received from John F. Cantwell , President
of the Roston Navy Yard Work Council, in which he urged
Boston Navy the Selectmen to bring pressure to bear upon the President
Yard. of the United States, Herbert Hoover, and Secretary of
the Navy, Charles Francis Adams, against the proposed
abandonment of the Boston Navy Yard.
The Board considered that the Navy Yard is an asset
to the State of Massachusetts and instructed the Chairman
to communicate with the President and the Secretary
to urge that the Navy Yard be not abandoned.
Letter was received from the County Commissioners
in which they requested the amount the Board would need
for the 1932 appropriation.
219
The Board voted to request the County to- furnish
the following sums : Lincoln Street, $15000; Wood Street,
$7,000.
At 8:15 P.M. hearing was declared open on the Board' s
notice of intention to lay out Smith Avenue from
Independence Avenue to Pollen Road.
Mr. Donnelly stated that the petition had been
circulated on the street and if he was correct , all but
two or three signatures had bben obtained.
Mr. Cunningham stated that his address was 54 Independ-
ence Avenue and his property was at the corner of Independ-
ence Avenue and Smith Avenue . He desired to know how Smith
the betterment was figured against his property. This Avenue .
w's explained to him by the Town Engineer .
Mr. Cunningham also inquired why the figures were
larger this year than they were last year when the
estimate was ,iven. The Town Engineer expla m ed to him
that the figure given on the estimate would be the
outside figure of the cost of the joo, and it might be
possible that it could be done for a less amount of money,
Mr. Keery desired to know whether or not the figure
included paving, whether there was to be any curbing, and
any drainage. Be was informed that the macadam roadway
world be 24 feet wide and that to width or the street
would be 40 feet with sidewalks , and shoulders for grass
borders of three feet.
There appeared to be no objection to the construction
of this street.
Mr. James R. Smith did not file the paper with the
signatures. Mr. Custance explained that Mr. Smith has
presented the paper to him and he returned it to him for
one or two more signatures and in all probability Mr.
Smith would present the paper in a few da,rs .
It was voted to pass the following order:
COMMONWEALTH OF MAC SACHUSETTS
Middlesex, as . Lexingte Mass . ,October 27,1931.
Town of Lexington, Selectmen 's Room.
At a meeting of the Board of Selectmen of the Town of
Lexington, after having given due written notice of the intention
of said to ard, as required by law, to lay out as a town way the way
known as Smith Avenue from Independence Avenue to Pollen Road, all
as hereinafter more fully aepears, and after pu' lic hearing thereon
held this day, and no objections havinf, been made;
Now, upon consideration of the matter, it is
ORD}RED: that •this Board of. Selectmen is of the opinion that
public necessity and convenience require that said Smith Avenue
be laid out and established as a public town way, and that the same
hereby is laid out and established as a public toyn way, and that the
same hereby 'is laid out and established as a public town way -
respectively, as follows :-
The easterly line of Smith Avenue begins at a point in the
220 northerly line of Pollen Road, said point being easterly ad distaat toph
10.00 feet from a stone bound marking the westerly terminus of a
curve of 216.33 feet radius in said northerly line of Pollen Road,
thence beeri.n•- to the right with a curve of 21.06 feet radius
distant 36.31 feet to a point of tangency, thenoe north 37° 57140"
west distant 255.21 feet to a poilt of curvature, thence hearing y e
to the right with a curve of 550.00 feet radius distaa t
358.41 feet to a point of compound curvatare, thence bearing
to the right with a curve of 40.00 feet radius distant 89.48
feet to a point in the westerly line of I;}deoendence Avenue.
The westerly line of Smith Avenue begins at a point in the
northerly line of Follen Road, thence bearing to the left with a
curve of 20.00 feet radius distant 27 .43 feet to a point of
tangency, thence north 37°571 40" west distant 272.15 feet to a ( n
point of curvature, thence bearing to the right with a curve
of 590.00 feet radius distant 495.31 feet to a point of reverse
curvature, thence bearing to the left with a curve of 40;77
feet radius distant 23.96 feet to a point of tangency, thence
north 23° 31 ' 40" west distant 24.63 feet to a point in the
westerly line of Independence Avenue .
The above described lines are parallel with and distant
40.00 feet from each other with the exception of the curved
intersections at Follen Road and at Independence Avenue.
Said Smith Avenue is hereby laid out and esta±lished as shown
on a plan entitled, "Plan of Smith Avenue and a part of
Independence Avenue, Lexington,Mass.Scale 1 in.- 40 ft.
Oct . 19, 1931, John T. Cosgrove, Town Engineer, " which plan
is on rile in the Town Clerk's O 'fice in the Town Office Building
and a copy of which will be recorded with Middlesex South
District Deeds with a copy of this order.
And said Board having considered the question of dam ages
sustained by the owners of lands across and through which said
ways have been laid out and established as aforesaid, hereby
determines that no damages are sustained and no damages are
awarded, and said Board hereby declares that all acts herein
are done under the provisions of law authorizing the
assessment of betterments .
Robert P. Trask Board
Clarence Shannon of
Hallie C. Blake
John E. Gil( rf ast Selectmen.
Theodore A. Custance
Hearing was declared open on the Board's notice of
intention to lay out Tucker Avenue from Carville Avenue
to �aer Avenue.
Arthur r. Fol.,er gave a lengthy speech and stated
that he was in favor of betterments but he 'Dejected to
the lay out of this street. He objected principally because
the figure for the cost of the construction of the
street was higher than that paid for the construction of
Bennett Avenue and Taft Avenue. he understood that II cost per foot for construction of Bennett Avenue was
$3. and Taft Avenue was $4.26. He stated that he could
readily see Idly Taft Avenue would cost as much as it did
owing to the labor that had to be put into the construction
of the st-"eet, but he did not feel that Tucker Avenue
warranted an expenditure of MO a foot over the cost of
I,I
221
Bennett Avenue or raker Avenue ne also believed that
there should be sufficient drainage. he also did not
believe that one man should be allowed to request acceptance
of a street.
Mr. Frank E. Hudson questioned the assessment on the Tucker
30 feet of his property. He could not understand why
he was being assessed inasmuch as he lad alre-idy been
as;essed on Baker Avenue . The Town Engineer explained to
him that he had three lots . Mr. Hudson claimed that his
house was located on a part of these lots and that at One time
a. party,looked at the lots and decided that they
were too small to build a house upon. He has decided to
have a garden on this land and he did not know why he should
have to pay a betterment tax. It was left with the Town
Engineer to see whether or not the house was located
on the lots on Tucker Avenue.
Mr. John Audick spoke in favor of the petition.
he stated that the condition of the street was very
bad from Baker to Carville Ave.
Anthony Jazusas stated that he did not want to pay
any betterment.
The hearing was declared closed and the matter taken
into consideration.
The Board considered the signatures presented by
Mr. Audick and felt that he had sufficient signatures
to do a p .rt of the street and therefor it should be done
at least for a distance of 360 feet. It was decided to
request the Town Engineer to give a new description
of the lay out for that distance.
Hearing was declared open on the Board's notice
of intention to lay out Independence Avenue from Locust
Avenue to Smith Ave.
No persons appeared in regard to this lay out. Independence
The Board voted to pass the following order: Avenue.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass . ,Oct.27,1931.
Town of Lexington,Selectments Room.
At a meeting of the Board of Selectmen of the Town of
Lexington, after having given due written notice of the
intention, of said Board, as required b- law, to lay out
as a town way the way known as Independence Avenue from
Locust Avenue to Smith Avenue a distance of approximately 200
feet, all as hereinafter more fully appears, and after public
hearing thereon hild this day, and no objections having been
made;
Now, upon consideration of the mater, it is
ORDERED: that this Board of Selectmen is of the opinion
that public necessity and convenience require that sa d Independence
Avenue be laid out and established as a public town way, and that
the same hereby is laid out end established as a public town way
.respectively, as follows :-
The westerly line of Independence Avenue begins at a point
222 0.
in the southerly line of Locust Avenue, said point being '%;a.
easterly and distant 166.42 feet from a stone bound marking an 0•1;
angle point in said southerly line of Locust Avenue, the
stone bound being about 547 feet westerly of the westerly line
of Tower Street, thence bearing to the right with a curve
of 10.00 feet radius distant 16.27 feet to a point of tangency,
thence south 23° 31 ' 40" east distant 64.96 feet to a point
of curvature, thence bearing to the left with a curve of 259.01
feet radius distant 130.77 feet.
The easterly line of Independence Avenue berrins at a point
in the southerly line of Locust Avenue , thence bearing to the left
with a curve of 20.00 feet radius distant 30.30 feet to a
point of tangency, thence south 230 31' 40" east distant 58.86
feet to a point of curvature, thence bearing to the left with a
curve of 219.01 feet radius distant 110.57 feet.
The above described lines are aprallel with and distant 40.00
feet from each other with the exception of the curved inter-
sections at Locust Avenue. Said Independence Avenue is hereby
laid out and established as shown on a plan entitled, "Plan
of Smith Avenue and a part of Independence Avenue,Lexington,
Mass ., Scale 1 in. - 40 ft., October 19, 1931, John T. Cosgrove,
Town Engineer, " which plan is on file in the Town Clerkts Office
in the Town Office Building and a copy of which will be recorded
with Middlesex South District Deeds with a copy of this order.
And said Board having considered the question of
damages sustained by the owners of lands across and through
which said ways have been laid out and established as afore-
said, hereby determines that no damages are sustained andno
damages are awarded, and said Board hereby declares that all
acts herein are done under the provisions of law authorizing
the assessment of betterments .
Robert P.Trask
Clarence Shannon Board
Hallie C. Blake of
John E. Gilcreast Selectmen.
Theodore A. Custance
Hearing was declared open on the Board's notice of
intention to lay oat Crescent Hill ,venue. 1r. Richardson
spoke in favor of the petition going through for the
acceptance of this street.
Mr. William Wheatley inquired whether or not the
assessment was made on the frontage on the long side
when a party owns a corner lot. He was informed that this
was so. He stated that he would be interested in the
acceptance of Haskell Street. je called attention to
the fact that the Monnehan property was now in the process
of being settled and probably would ndt be settled for
some time.
Mr. Albert L. Englund stated that he aimed the
estimated cost, and he called attention to the fact
that he did not know what his frontage was on the
Town of. Lexington side. He was informed by the Town
Engineer tnat his frontage( would be 6.8 grry. He
stated that he was not opposed to the street being con-
223
strutted, but he did feel that the Board sho .rld defer
action unt 1 he wool ' know what the total cost of his
betterment would be. He, himself, had petitioned for the Crescent
acceptance of this street in Arlington. T! e Town Engineer Hill Ave.
informed hi.n the betterment in the Town of Lexington would be
about $25.
Mr. John Wheatley stated that he did not see why
the town should have to wait for the amount of
betterments in the Town of Arlington inasmuch as it might
be possible that the Town of Arlington would not
construct their end of the highway.
Mr. John Peidmore stated that he had lived in the
town fon-four and one-half years and that he had
Petitioned fo^ snow plow service and until recently
had had considerable trouble with the garbage until the
Town decided to collect it . e now feels that they
should Lave this street built.
Mr. Richardson called attention to the gush of
water thit comes down the street from the Arlin ,ton hill.
The Town Engineer informed him that they intended to have
a catch basin near the Arlington line that would take
care of this .
Mr. Gohn E. Goodwin inquired how soon, if the Town
accepts the street, the work will be started.
Mr. Custance informed him teat if the Town accepts
the street at Town Meeting this fall, that the subgrading
could be done this Pal and the finish work will be
den° in the spring.
Mr. William Wheatley called attention to the fact
that a part of Haskell Street might possibly be accepted.
No one aupeared to object to the lay out of Crescent
Hill Avenue and the Board therefor voted to adopt the
following order:
COMMONWEALTH OF MASSACHUSETTS
Miidlesex,ss. Lexingt6n,Mass. ,Oct. 27, 1931.
Town of Lexington,Selectmen 's Room.
At a meeting of the Board of Selectmen of the Town of
Lexington, after having given due written notice of the intention
of said Board, as required by law, to lay out as a town way the
way known as Crescent Hill Avenue from Haskell Street to the
Arlington Town line a distattCce of approximately 550 feet,
all as hereinafter more fully appears , and after public hearing
thereon held this day, and no objections having been made;
Now, upon consideration of the matter, it is
ORDERED: That this Board of Selectmen is of the opinion
that public necessity and convenience require that said Crescent
Hill Avenue be laid out and established as a public town way, and that
the same hereby is laid out and established as a public town way
respectively, as follows :-
The southwesterly line of Crescent Hill Avenue begins at
its junction with the southeasterly line of Haskell Street, said
junction being northeasterly and distant 300.00 feet from the
northeasterly line of Lowell Street, thence south 26°24120"
224 opu
east Distant about 552 .1 feet to its junction with the Arlington-
Lexington town line. 1.0
The northeasterly line of Crescent Hill Avenue
begins at its junction with the southeasterly line of Haskell
Street, thence south 260 24'20" east distant aboat 530.9
feet tb its junction with the Arlington-Lexington town line.
The above described lines a-e parallel with and
dist-int 40.00 feet from each other. Said Crescent Hill Avenue
is hereby laid out and e stablished as shown on a plan entitled,
"Plan of Crescent Hill Avenue, Lexin,?ton,Mass. ,Scale 1 in
- 40 ft . , Oct. 19, 1931, 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 Deeds with a copy of this order.
And said Board having considered the question of
damages sustained by the owners of lands across aid through
vh ich said ways have been laid out and established as aforesaid,
hereby determines that no dan ages are sustained and no dams=es are
awarded, and said Board hereby delcares that all acts herein
are done under the provisions of laws authorizing the
assessment of betterments.
Robert P. Trask
Clarence Shannon Board
Hallie C. Blake of
John E. r:ilcreast Selecgmen.
Theodore A. Custancd
Letter wiz received from Town Counsel in whibhhhe
called attention to the fact that the officials of
the Lexington Home for Aged People desire him to bring
suit on the behalf of Mrs. Henry Turner ;85r injuries she
Thrner suffered when she fell over a stake on the lawn of
injury. the Home in the spring of 1930. This stake, he undderstood,
was placed there by the direction of the Engineer
of the County.
The Clerk reported that. Mr. Charles Faugno was very
much disturbed by the notice that he would be taken from
the pay -oll of the Water Dept. from which he has been
paid the sum of $14.40 a week for the past seven years,
the same tb be paid for services rendered .
It appears that he has not rendered any service for
some time, and inasmuch as the Town has not accepted
any pension act, it was decided to take him from the pay
roll.
Mr. Faugno stated that he is 73 years old, but accord-
ing to the voting record he is 70. He will, therefor, have
Charles to prove his birth record in order to be eligible for
old age assistance. His dauzhter Mrs . Olivadotti has given
Faugno. informatio, for the old age assistance application
and she has been requested to furnish the additional
data to prove his age.
Application for extension of water main on Spring
Street a distance of 900 feet was received from Miss
C.rrie L. Pilkington.
225
The Board decided to refer this application to the Water
Supt. of Public Works to see whether or not he recommended Extensions.
the extension.
The Supt . was also requested to get further information
on the Hillcrest Avenue extension.
The Supt. of ?ublic Works reported having attended
a meeting on Monday with the Town Engineer at the
Arlmont Golf Club by the Planning Boards of Belmont and
Arlington to procure information as to a proposed highway
from Alewife Brook Boulevard to the Concord Avenue
Turnpike.
Mr. Pillsbury o{' the State Dept . of Public Woks stated
that there were no definite plans at the present time
inasmuch as the studies were being made as to the best
route, because this wiould be an important thoroughfare
c rrying traffic to Concord and the western or north-
western part of the state and takin- traffic from Mans.
Avenue in Arlington and Lexington and from
Marrett Road in Lexington. He stated that if some
relief was not available for Marrett Road it woald mean
that this street would have to be widened and this Meeting
would be a costly and difficult situation. re proposed
The proposal to go throa7h Marsh Street in Belet highway.
monk was objected to by the residents of that street inasmuch
as they had bought the property there for the purpose of
living in a quiet neighborhood.
The Belmont and Arlington Planning Boards favored
a route which would cut into Lexington near Bowman Street,
practically following Bowman Street to Watertown Street
and following on nearly a straight line across private
land to a point on Concord Avenue at the line or the
Miskell and Minute-Man Golf Club property and from there
using the Concord Turnpike to Concord.
Attention was called to the meeting of the Town Engineer
with County Engineer Kendall and Town Engineer Hines of Meetinr
Winchester on Wednesday, Octoeer 28 at 2 P.M. at High High St. b,
Street, Winchester in reference to the street connecting
Winchester and Lexington.
The Board decided to lay the matter of salaries Salaries .
over for one week.
Letter was received from Arthur A.G. Folger, 26
Tucker Avenue in which he stated that as Chairman of the
Committee on Legislative matters of the United Improve-
ment Society, he was writing in regard to the movement
of the Society to have an act passed by the Legislature
amending Section 13 of Chapter 80 of the General Laws
by striking out the word "ten" in the seventh line and
inserting the word "20" . They believed that the people
living on the streets wouldrihave a better Opportunity to
pay the betterment and that with the unemployment Section 13,
conditions , the Town could do tore work. Chapter 80.
The Board were not in sympathy with this project
and decided to noti"y Mr. Folger that they did not
recommend spreading the payment over a period of more
than ten years .
L
226
The Supt. of Public Works presented a letter giving M�
information in re&ard to cost of telephone service in
the various buildings in the Town and also persons in
Tele- whose homes phones were paid for.
phones. It was decided to refer this matter to Mr. Gilcreast
for his attention.
4r. Custance reported that he had made suggestions
to Mr. Longbottom in reference to the arrangement for an
- outlet for oil burner demonstration to be held at the
Oil Wilton office and he assumed that Mr. Longbottom had
Ruiner. made the arrangements.
In regard to sewer connections to houses , it was
decided that a separate appropriati )n would have to
Sewer be made for this sum inasmuch as it could not be bonded
connections.and therefor could not be included in .the regular
Sewer Construction Account.
Mr. Trask repos-ted that the Buckman Tavern will be
closed for the winter and that he had made arrangements
for tee Public Health Association to use rooms in the
Cary Memorial Building for the baby clinic.
Mr. Hallie C. Blake very kindly offered to furnish
Buckmanthe equipment for the room, for the clinic.
Tavern It has been the custom in the past to leave clothes
Tan veto be furnished to persons in need at the Buckman Tavern.
closinglr Inasmuch as the Tavern is to be closed, it was decidedf
winter . to build a closet in the basement of the Town Office
Building where the clothes could be kept.
Mr. Custa-ice called attention to the Zoning Law
and stated that he had referred the section to the Town
Counsel for his opinion.
The section referred to wae +erea regulations , Section
Zoning 6, Li and R.2 Districts .
Law. The Board agreed that they believed that the in-
terpretation the Building Inspector has be n placing , n
this section was incorrect . They believed that the
reference providing for a Side yard of at least 10 feet
in width referred to the main stricture and not to a
garage or other building which might be placed upon the
lot.
They decided to inform the Building Inspector that
he should rule in this manner unless otherwise instructed.
Mr. Gilcreast reported that he would have to furnish
a $500. bond in connection with the settlement of the
estate of Mrs Frank E. Fogg. The Board authorized
Pond. the issuance of a bond to settle this estate.
Mr. Ingram came before the Board and called
attention to the trucks whch were being parked by his
next door neighbors on Reed Street on their property.
Trucks He desired to place the matter before the Board inasmuch
in res- as they may be attempting to establish a trucking
idential business in a residential district.
district.
227
Letter w is received from Simon Swig offerry_ng an Unemploy-
opportunity to the unemployed to wo"k with the insurance ment .
company that he is corn ct'ed with.
llirOld Ape Assistance applications of Florence E. Mann, Old Age
North Street and of Charles Faugno of 12 Vine Street Assista:ace.
were referred to Mr. rTilcreast .
The Weekly re-)ort of the Supt. of Public Works was
received.
The meeting adjo,zrned at 11:30 P.M.
A true recn'd, Attest :
Clerk.
1