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HomeMy WebLinkAbout1932-01-0571 SELECTMEN'S M" ^1 ISG JANUARY 5, 1932 A regular meeting of the Selectmen Was helm at the Town Office Building, Selectmen's boom, at B.P.M. Messrs. Trask, 13lake, Custance,�hannon and Gilereast were present. The Supt, of Publ'c Works and the Clerk were also present. Licenses. Motor vehicle Agents Licenses were granted to the following persons: Olifford H. Faulkingham and William G. Murphy. It was voted to appoint Osborne J. Gorman as J.upt. Moth Supt, of the Moth Dept. for the ,year 1932 providing his appoint- ment meets with the approval of the State Forestry Dejot. Forest It was voted to appoint Edward W. Naylor as Forest '"harden Warden providing his appointment meets with the approval of the State Forestry Dept. Letter was received from the Lexington Board of Trade in which they complained about the conditions on Mass. Avenue on Saturday, January 2nd. They conplained that the street was impossible to cross from Waltha- Street Complaint to Meriam Street on the Avenue and that no attempt was made to clear the gutters. They asked that the matter be given attention so there would not be a repetition of this condition. The Supt. of Public Works attention was called to the matter and he stated that at noon time a scraper was put on the job to clear out the gutters and that the condition was unalroidable. the men working in the center of the Town are under a handicap owing tb the cars parked next to the curbing. The Board felt that the criticism was not justified Inasmuch as the eo nditinns were the same all over Town. The snow melted so rapidly it was very hard to take care of it in a short period of time. At 8 P.M. hearing was declared open on the application Garage of John 4. Fisher, 54 Winter. Street, for permission to hearing. maintain a two car -wooden garage on his premises at lot #54 Winter Street No persons apceared to object, and it was voted to grant the permit providing the Building Inspector had no objection. Reports The annual reports of the Town Ingineer, Slaughter Inspector and Building Inspector were approved by the Board to be sent to the printer.. Dental of The Beard voted to grant the reduced rate of $25. hall. to the Catholic Church for their reunion, February Sth. 1 FSI Notice was received from the Town of inviting the Selectmen to a joint meeting; Selectmen and Hoard of Public Works of the on January 12th at 9 P.M. The Board decided to hold their meeting next Tuesday at- 7 P.M. and ajourn to irling;ton to attend that meeting at 9. Arlington with the gown of Arlington. 291 McP,tIng with Arlington. The Board signed the following commitments: miscellaneous water charges in the amount of $269.75; sewer rental charges Commit - in the amount $1,495.05; water &,arges for Section 2 in the ment. amount of $7,276.95. ."he Board signed abatements for the Water Department Abatement in the amount of X258.82. Mr. Edward J. Gavin having signed a statement that he would agree to give a quitclaim deed for the property owned Gavin by him on Mass. Avenue which was taken when P,iass. Avenue case. was laid out, Mr. Oustance stated that he would look into the details of having the deeds drawn up in connection with the settlement of the damages to Mr. Gavin for which he was willing to accept $500. Traffic Bulletin #36, w'�ich is "A Standard Code for Traffic Signs, Warning Beacons and Islands" was received from the Dept. o:� Public ,Norks. Bulletin. Application was received from the Lexington Co&l application Co. for the installation of underground sturage tanks in for the capacity of 50,000 gallons for oil and gasr)line on license. their premises at Bedford Street. Letter was received from the Supt. of P}}b:i is ° orks in which he stated that he had repaired the wall and put up the gateway on the Mass. Avenue end of the driveway Mccaffrev of Miss McCaffreyts property and placed a fence between property. the two fields. He stated that he woi.ild end-avor to get her -to go up and see the property so she would sign the i-eleases to the Town of all damages. The Chairman reported that there were several elm trees on Tower Park that could be removed to the Park and Playground. It was decided to have them placed on th.e Park Road. Trees. Mr. Blake also suggested that the brush be cut away from Park 'toad near the entrance on Waltham Street and that some of the pines could be placed in there for a screen to shade the scenery in the back of the houses on Forest Street. The unemployment situation w..s discussed, and Mr. Trask reported that he had arranged to start the -*nen working on Tower Park mn Thursday of this week_ with Mr. Unemplov- Garrit,y in charge of the unemploi,ged. It was proposed to ment. leave the Welfare crew on with ?'r. Gorman. 292 The Board discussed the Welfare in the Highway, Park and Moth and it was voted that the sum Park Dept. and $3,000. out of out of the Moth Department, amount that should be spent Derartments for Welfare work of $3,000. be used out of the the Highway Dept, and $1000. Mr. Trask reported that the Committee on Unemployed Relief were to have a meeting this week to decide about the other phases of the unemployment condition. Mr. Trask reported in regard to the !dater Guaranty ?Nater of Anna Korman of Ridge Road, that the first amount of Guaranty. the guaranty was $25. and the second amount $40. The guaranty has not been paid, and it was felt that it was an unfair charge and they were unable to pay it. Mr. Trask felt that we should collect what we could on the guaranty and let the rest go. Mr. Scamman reported that Mr. Sabin informed him that Trees. the trees on Bedford Street have been trimmed by the State Department. Report was received from the Asst Town Engineer, Stanley Higgins, on the condition of the house of Henry la,-, for Williams at 11 Cedar Street. Mr. "illiams claims damages daraf?e, on account of cracks in his house. Mr. Custance felt the damage probably would be about $50. on this claim. The Board felt, however, that there were several other claims made for damages by blasting and decided to lay the ratter on the table. The Chairman reported that a New .6ngland Coke Co. St. sign. truck broke the street sign on Hastings Road down and requested the Supt. to have the sign replaced. . Mr. Trask reported that Mr. Stevens called him about setting aside sections of certain streets for coasting and it was suggested that the section between Highland Avenue, Coasting from Bloomfield Street to Eliot Road and Washington Street be closed for coasting;heriam Street and Chandler Street be sanded and also Charles Street, grid that warning signs be placed on these streets; The Supt. of Public Works was requested to sand from the corner of Bloomfield Street down to the slope so that the coasters would not came out onto Mass. iLvenue, also across the end of Percy 'load and on Eliot itoad. It was decided that the children on i'.eriam hill could coast on York Street to Grant Street. Mr. Trask reported having talked to Mr. Alexander Quinn, Mr. E. K. Buckley and Mr. F. L. Emery, Chairman of the Planning Board, in regard to the layout of Sherman Street Extension. He stated that Mr. Buckley felt that $.20 a foot Cu nn would be his limit for the land taken for the highway and property that he would bei entitled to the cost $f moving his house and fl 1 I 293 /f shoka ld be paid for the time he is out of his house while it is being moved. He stated that he felt Mr. Cuinn feels he has lost ' money because he has been held up on this layout. The Selectmen presented a layout Mr. Quinn would have followed if the Hoard had not suggested this other layout. Mr. Trask felt th&t although the Board desires to have the street go through there, he did not feel that the '1'o.vn was entirely responsible. In other words, if some other developer had made a development there , he did not feel that he would be asking the Town for any favors in making; the development. No further action was taken on the matter. Hearing was declared open on the petiti n oftoland '.N. Ba_ldrey and others. to revoke the permit of the Shell Hearing. Eastern Petroleum Products Co. to operate a gasoline station at the corner of islass. :`.venue and Maple Street. 76r. Baldrey stated that .e ,vou.ld explain that up to the time that the Shell Eastern Petroleum Products Do. took over the station at-,the°corner-of Mass. Avenue and Maple Street the residents in that vicinity were extended extreme courtesy by the former owner of the Station, Mr. Fred H. Moultoa, and also by hie employee, Mr. John Kelley, by keeping the station in an-attraetiVe condition so that it was not objectionable to the neighbors. Since tl-e shell Eastern Petroleum Products Co. took it over they have erected ' signs and painted the premises in colors that were objectionable. The r-sidents did, however, request that the colors be changed and the Shell Fastrrn Petroleum Products Co. did to a,certain extent change the paint The Shell Eastern Petroleum Products Co. some time ago started to open the station all night and some of the residents brow-ght this to the attention of the Chairman of the Board, and he assured them that they would not keep open after 11 otcloak. and they did close at 11 oAclock, and some time after started to open again all night. He explained that the petition incl,nded the revocation of the license, and the reason they made this provision was that they felt that this was the only means of bringing the matte,, to the attention of the Shell Easter -i3 Petroleum Products Co. They felt that the station was located in the residential zone, and that the residents were entitled to consideration. They, therefor, felt that it was within their right and power to appeal to the Selectmen relative to the annoyance caused by this station keeping open all night. They objected to the noise of the trucks coming in at -night and the grinding of the gears starting and stopping, and their wish was to have the station closed at 11 o'clock and to have the objectionable signs removed. They have purchased their homes, and feeltthat they are entitled to that consideration. It was not their intention to shut anybody out of a job or to cut anybody out of business. He requested that the letter he wrote to the Board be read. Mr. James Holt, of 1062 Mass. Avenue stated that he came to Lexington in 1923, and moved to 1083 11ass. Avenue. At that time the .station was just being built -by Mr. lrloulton, and was not quite completed. He inquired at the time bbout the station and found that a petition had been signed by the neighbors in favor of the petition, and they were assured that In no way would 294 tW the station be a detriment to the neighborhood. 1'he owner kept the station in a good and neat condition and there were not large signs, in fact he directed his friends to his house by the filling station and was proud of its condition. He , emphasized the fact of the treatment received by Jack Kelley as far as all the neighbors were concerned. Even when the Mayflower Oil Co. took the station over, Mr. Kelley saw,that there were not large signs displayed that were an annoyance to the neighbors. Vthin the Shell Eastern Petroleum Products Co. took over the station they started to see a change in the appearance of the premises. There were several accidents when the cars came right up to his property, and having two small children he decided, after having; the third crash on his property to move. .Since he has moved he knows of one accident having occured to a car crashing onto the property. Ile also conplained of the racket of the cars going in and out at night: As far as closing up the gasoline station in the day time he felt that the station did not bother him in the day time, that they sipply did not want to have it kept open at night. Mr. Harvey Glidden of 1106 Mass. Ave., who lives across the street from the station, also spoke against keeping the station open after 11 o'clock, and that the Saturday night bsf ore Christman "he was kept awake until 4 o'clock in the morni_gn b7 the noise of the trucks. lie also objected to the signs. Mr. Charles H. Schofield, who lives near the corner of Maple Street and Mass. tivenue, stated that he had one automobile drop in on him for breakfast one morning. They had no particular objection to the stati^n being open during the day time, but their house is situated so that they could hear a11: the noise at night. tie felt that the Shell Eastern Petroleum Products Co. should be willing to close the station between the hours of 11 o'clock at night and 7 o'clock in the morning. He felt that the location of the station in the vicinity has not helped the sale of the property, and felt that the Shell Eastern Petroleum Products Co. should bear that in rind. Mrs. Schofield and Ellese Schofield also spoke against the proposition of having the station open all night, stating that the noise of the people stopping there kept them awake all night. Mr. Francis D. Tracey of 1083 Mass Avenue also desired to register his objection. Mrs. Knight of 1088 Mass. Avenue objected to haaring the noise at night, and also to the signs. Mr. Baldrey asked whither or not the Attorney for the Shell Eastern petroleum Products Co. would like to express his feeling in regard to the closing of the station all night and removing the objectionable signs. Mr. Baldrey stated that there were about seven signs. Mrs. Knight expressed the fact that she believed that thecolor that the signs were painted was not picturesque, and, , therefor, was objectionable. The parties present felt that in connection with their complaint of the conditions of the filling statim they should call attention to directions and the circle on Mass. Avenue at 295 Maple St., inasmuch as they felt this was the cause of accidents at that locality. The Board called attention to the fact that the State Dept. were studying; by-pass roads, and that these roads when constructed would relieve the conditions on Mass. avenue. 'fte is a by-pass road being 66ri"sidered by the Metropolitan Planning Division that will come onto Bedford St. just below the .Vestview Cemetery, and another would be Concord Avenue, both of these through ways, it was considered, would be constructed within five years.« CM'r. F. E. Allison, Attorney for the Shell Eastern Petroleum Products Co., was present at: the hearing, and together with Mr. Thatcher, Mr. Allison stated that it now appeared that the persons petitioning ag;redd that if the station )e closed from 11 o'clock at ni,ht to 7 o'clock in the morning, and the objectionable signs removed, that they would. dismiss the petition. Mr. Allison stated that the Shell Eastern Petroleum Products Co. have an investment of over 35,000., and that it would be a very serious matter tb have their oermit revoked, and was very anxious to know that their stand was in regard to this p etition.3 He called attention to the fact that this station was iinoopera ffbn in 1922 prior to the Zoning Law, and that the license was still in effect having been renewed April 30th, 1931. Any use of the premises prior to the adoption of the adoption of the Zoning Law would not have any effect upon the location, an d they did not consider it a non -conforming use as was stated in the petition. He also called attention to the fact that the Statutes say that the license must be revoked for cause, that the Statutes did not state what the cause is. ' The assessed value of the station was $28,000, and at the present time there were four citizens of the 'Town employed there. He called attention to the fact that some of the 'lights on the station are shut off late at night„ and the lights that are kept on are not as bright as the lights kept on in the early e#ening. As far as the traffic control was concerned he stated. that the plan for the -control of the traffic was approved by the town authorities when the original permit was granted. He stated that the Shell Eastern Petroleum Products Co. by keeping open all dight have lost money, but they have kept one of the Lexington men employed by keeping the station open all night. (Mr. Thatcher explained that in many stations they were doing this--- ro help the unemployment situation. He explained it cost 045,000 to keep the Travel Aid Signs maintained by the Shell Eastern Petroleum Products Co. He also explained the reason for keeping other signs on the premises, and that they were endeavoring to meet the wishes of the neighbors as near as possible. After talking the matter over frith Mr. Thatcher, Mr. Allison stated that his company would. be willing to close the station at 11 o' clock, and to remove some of the objectionable signs, but they did not Want this agreement to interfere in any way with their permit. They were doing this in consideration of the neighbors„? The Board informally discussed the matter whether or not ' it would be best to remove the island at the corner of Mass. Avenue and Maple St. or to change the sic -ns, and the Board informed the residents that they would look into the matter. The hearing adjolzrned at 9;37 P.M. A true record, Attest. Clerk. 296 ParImr cas e. The Clerk brought up the matter of the application of Frank Parker of 19 Pleasant Street for aid End informed the Board that the applicant had a son who was an epileptic a d whom the School Nurse reported should be put away so he would not influence his younger brother who is a fairly normal child. The Board instructed the Clerk to get two doctors tZ3 sign a certificate to send the boy away as a dangerous epileptic. Mr. Cilcreast reported having investigated the case of Annie Dare, 182 Prospect St. , Cambridge of Old Age Assistance and recommended approval of $5. per week inasmuch as it was a very worthy case. The meeting adjourned at 11:55 P. -M. A true copy, Attest: Clerk. 4 1 r CII'