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HomeMy WebLinkAbout1932-02-161 L 325 SELECTMENtS- MEETING FEB. 16, 1932. A regular meeting of the Selectmen was held in the Town Office Building at 7:30 P.M. Messrs. 'Trask, Blake, Custance, Shannon and Glcreast were present. 'lhe Supt. of Public, h`orks and the Clerk were also present. Joint hearing of the Board of Appeals and Board of Selectmen on the application of Frank w. Perkins for permission to install gasoline tanks with a capacity of 2000 gallons at his premises ##536 to 542 -Mass. Avenue, Lexington, was declared open. The Chairman read the notice of the Board of Selectmen and the notice of the Board of Appeals was --read by the Clerk. Judge Pierre Northrup represented Mr. Perkins, the applicant. He stated that the petition as originally set forth states that it was brought under section 9 of the Zoning Law, but he wished to call attention to Section 8 which refers to accessory use. He called attention to the previous hearings had before the Board of Selectmen and the denial of the former petitions. He called attention to the ruling of the Board of Selectmen in allowing the use of the premises for .a repair shop. He went back to 1812 when the Russell family built the premises and used it as a blacksmith shop and general repair of vehicles. He felt that automobiles have now taken the place of other Perkins vehicles and ':.hat it was proper that this shop should be hearing. used now for the repair of automobiles and he felt that business was allowed under the General Laws on these premises under the none -conforming use of Section I0. He stated that the use granted by the Selectmen for this property did not include a gasoline permit. He stated that Mr. Perkins has been in the repair business for 27 years and that this was his sole occupation and he was a disabled war veteran. He stated that he has carried on a garage and repair business at the corner of Oak Street. He stated that Mr. Perkins did not want a filling station alone, he merely wanted it in conjunction with the repair business. lie had in mind putting in three pumps. He intended to move his house back and tear down one of the buildings that now stands to the right of the lot. Judge Northrup also called attention to the fact that there was not another place to purchase gasoline on the right hand side�of the street from Vianots down to the, Arlington line, and he felt that there was not better place for gasoline on the right hand side of the street than this location. He felt that persons do not want to cross the street and usually wait until they find a station on the right hand side. He presetted a chart showing the business operated in this section on both sides of the street. On the left hand side he called attention to the First National Store, then, two doors down the Chamberlain house which advertises tourists, then across the street there is a large billboard also another tourists place and the Cottage Hospital Ih n ther is a residence and Mr. Perkins's premises. Blow is th2 prfnting Sdop on the other corner of Oak Street. On the other sie there is the Old Paint Shop that was used for business, and then 32 - , Mr. 0=mings at his premises operates a milk business. he felt, therefor, that although this was a residential section it showed that it was mostly a business section. He stated that Oak Street was a ,dangerous street and that if Mr. Perkins moved his house back it would pppn up this. corner so that it would not be so dangerous, Iie felt. that the changes suggested by Mr. Perkins would improve the place and that he could not see how the addition of three pumps in front of the premises would be any detriment. If this locality was strictly a residential zone, he would feel differently about it. He therefor asked the Board to grant the petition requested. Mr. Northrup did not have any plan showing the location of the pumps but he stated that he believed they were to be twelve feet out from the present building. Mr. Northrup presented a petition signed by residents in the vicinity in favor of granting the permit. Mr. Daniel J. 019onnell stated that he was asked to appear in behalf of a property owner in the vicinity. He appeared at a former hearing and opposed the grantincr of a petition. He stated that he was familiar with the location and he did not believe that one could call the Cottage Hospital a business or that the tourist signs that were in front of the residences could be called a business, and that the repairing of cars was a business of a different nature. He a uestioned the right of the Selectmen to rule that the premises formerly used as a blacksmith shop could noir be used for a business of repairing as tomobiles. However, the residents in the neighborhood do not object to Mr. Perkinst carrying on a repair shop and do not want to deprive him of a living, but feel that he should not carry his application to the point of applying for gasoline. He felt that Mr. Perkins' principal business would then become the sale of gasoline r--ither than the repairing of automobiles. He felt also that the ruling o-' the Selectmen does not decide for all time the fact that these premises can be. used as a repair shop. He felt also that there are filling stations enough in this section, and he has heard Nassac husetts Avenue referred to as Gasoline Alley. Mr. O'Connell felt that the three pumps that Mr. 'Northrup spoke of would not be so objectionable, but that the driving in of cars at all hours to fill up with gasoline is what is objectionable. As far as the placing of business was concerned on each side of the street,he felt that the same argument could be used in any other kind of business that if the business were operated on one side of the street, it also should be operated on the opposite side. He felt that public donvenience and necessity did not require a filling station, but there is more gasoline in Lexington than Lexington can use now. He felt that as soon as Mr. Perkins got the permit for a small amount of ga4oline, he would then be requesting additional gasoline and the situation In East Lexington mirht be as it has been in East Boston recently with all the gasoline stations that are located in that vicinity. He felt that Mr. Perkins was only interested in his own welfare and that the°' Board should take cognizance of the feelings of the people in the, neighborlaood. Mr. O'Connell stated that Mr. Joy was in. St.Pete.rs- burg Florida, and asked that he protest in his behalf and he believed that a letter had been sent by Mr. Carrigan objecting. Mr. O'Connell stated that he n -- - e Z*7 represented Mr. Joy, Mr. Carrigan, Mr. Cummings, Mr. Healey and Mr. Bignotti. Mr. Bignotti called attention to the .fact that the none-conforming use of these premises was at #542. He stated that he was objecting for the taxpayers and for families that did not want to see the Zoning Law changed. He.called ' attention to the fact that the Tawn has now to provide an officer at the crossing of Oak Street for the children and if there was a filling station there, they would have to have an officer all the time inasmuch as there would be more congestion. He believed that the purpose of the Zoning Law was to protect the neighbors _ in just such cases of this kind, He stated that when he purchased his place the sign that was there was "Ye Old Blacksmith Shop" and he did not believe you could say the repair of automobiles was similar to a blacksmith shop. He stated that he was on the Zoning Aoa rd in the city of Somerville and he had seen many of these things done, arra that a beautiful picture was painted `)ut as soon as the permit is given things are different.. He would not like to sit outside his house and get the smell of the gasoline fumes day and night. He felt that the present building becomes a public garage as soon as three cars are stored there and that theme are certain restrictions laid down by the State Fire Marshall for fire protection. He felt that this property in its present condition was a fire hazard. Mr. Francis Chamberlain stated that hbRWas also opposed to the erection of a filling station, although he. was not an abuttor. Mr. Stanbridge of 564.Mass. Avenue stated that he lived directly in sight of the property and he would not like to see the hazards increased at that location. Mr. Northrup desired to summarize all the objection and to his point of view, he felt that Mr. Joy's property was around the corner and out of sight of the property in question; Mr.. Carrigan lived in the property next to the Cummings property which was some distance away; Mr. Chamberlain was speaking for someone else as he did not live in the immediate vicinity. He therefor felt that there was a small amount of objection. Those present and recording themselves against the ppetition were 14r. George Melick, Mr. Cummings, Mrs. Healy, ,r. Clare, D. L. Cronin, Mr..Dolan and Mr. Coyne, Mr. Peavy " and Mr. Bi ,notti. The hearing was declared closed at gtU F.M. After considering the application, it was voted to deny the petition of•Frank W. Perkins. Mr. Leslie J. Wood came before the Board at the Board's request, together with the 3milding Inspector, to talk with the Board about his complaint against Mr. Sperandeo for Wood's building a shack across from his premises in which he lived complaint and which was not in accordance with the 'luilding Law. re Mr. He stated that he informed the Building Inspector to To Sperandeo, down and look the premises ®ber. He stated that he had buildings on two sides of his and this made the third objectionable building. He stated that he had been accused of trying to stop a man from making a living. He stated that he had seen Mr. Sperandeo going in and out of there in the past. He stated that a man by the name of Doiran worked"for Mr. Sperandeo; also that Charles O'Connell lived across the street and might know something about mOether or not Mr. Sperandeo has been staying there recently Water, Letter was received from Miss Edith Willard reouesting Ng3^ph St* an article be inserted in the Warrant asking for the installation of a water main in Xotb)h Streete, 1 1 i Mr. James G. Robertson came before the Board together with:'the Town Counsel in regard to inserting an article in the Warrant for the purchase of the water main in Summit Road. Mr. Wrightington advised that a similar request had been made for the purchase of the water main in Fottler pu.cftS38 Avenue.and that he requested the petitioner to present of water evidence of the ownership of the pipe. He felt therefor, pipe, that Mr. Robertson should also present'eveidence.of the Summit Rd: ownership of the pipe. The Board therefor informed Mr. Robertson thatthey` would not insert the article until he presented the evidence as requested by the Town Counsel. Election Letter was received from John Do Collins in which he Officer. stated that he desired t o resign, as Deputy Warden of Precinct One. Meeting The Chairman stated that the Appropriation Committee with desired to meet with the Selectmen on Sunday afternoon Appropriation at three o'clock, this to be the final meeting to approve Committee. the report of the Committee. Letter was received from Edith R. Simonds of Washington Street calling attention to the dark condition S reet ilights, in the vicinity in which she lives when the lights are turned off at one o1clock. She thought that the lights should be kept on inasmuch as she felt it invited burglaries and holdups. The Board decided to inform her that it was a matter of economy this year to turn off the lights at one otclock thereby saving about $3000. If the Town Meet.ing.Members desire to vote to continue the lighting they may do so, Letter was received from the Middlesex County Commissioners in which they enclosed copy of Chapter 10 County of the Acts of 1932 providing for allowance for payment Hospital. by -the 'down to the County of their share of the Middlesex County Tuberculbsis Hospital. Article was sent in signed by Mr. Hutchinson and others requesting an article to be inserted in the Warrant to have the Town Meeting Members fix the tax rate. Tax Rate. Town Counsel advised that this article was not legal inasmuch asitwas the duty of the Board of Assessors to fix the tax rate and felt that the Board should not insert this article. Request was received from the residents of Laconia Street for an article to be inserted in the warrant for street Street 13ghts on that street. Lights• The Board discussed the fact that the residents in this vicinity have not as'yet paid their water.guarant6es and there- for they did not believe that they would extend ai y street lights to this section* Water, Letter was received from Miss Edith Willard reouesting Ng3^ph St* an article be inserted in the Warrant asking for the installation of a water main in Xotb)h Streete, 1 1 1 Letter was received from the Town Counsel enclosing an article to be inserted in the Warrent for the Annual Town Warrant. Meeting to amend the By-laws allowing the Selectmen to assess.betterments on an extension of water mains. In regard to the application of Peter Canessa for an automobile junk dealers license, Mr. Custance stated that he load been to the premises and that there still remained Junk a lot of things to be cleaned up and Mr. Cane$sa had not: License. as yet, built the fence. When he built the fence, Mr. Custance felt the license bhould be granted to him. Mr. Custance reported having talked with Mr. B. B. Hoxard.in regard to installing a different post in front of Martints drug store with a 1000 candle power light. on It in place of having the spot light suggested by Mr. Seamman and that this would be done free of charge to the Town: Mr. Custance recommended the change, and it was decided to lay the matter on the table until such time•us the other members 'of the Board could look the matter over. Mr. Gilcreast reported in regard to Senate B111 #911 which was for the protection of savings bank deposits that he talked with the c aznsel for the Mass, Association of Savings Banks and was informed that they were not in favor of this bill, Mr. Gilereast and Mr. Blake both stated that they were not in favor of a bill of this kind going through The Board therefor.decided not to take any action on the matter. M,r. Qilereast reported in regard to the applic tion of.Marciano Cardillo for Old -Age Assistance that he visited Mr. Cardillo, and found that he lived in a little on@- room shack on Albemarle Avenue, but felt how*ver that he was in need of assistance and recommended granting him $5. per week Old Age Assistance. Commitment of miscellaneous water charges in the amo nt of $633.09 was signed by the Board.' Letter was received from Miss Mary F. Carroll reg4lesting that the lights be turned on in they early Light. Senate Bill. Old Age Assistance, Cardillo. Commitment. 329 The Board decided to insert an article in the Warrant asking for this installation. Letter was received from the Town Counsel in which Bulletin advised that public bulletin boards should be maintained in Boards. the Cary Library and in the East Lexington Library. Letter was received from the Town Counsel in which he reported on the Ryder Tax Appeal that the time for further appeal to the Supreme Court has expired in several cases which Ryder the Board of Tax Appeals dismissed. Tax It has not ,yet expired in the case -in which the Board Appeal. gave the Ryders Stock Farm a $16. abatement, but there is no grounds for appeal in that case so he assumed that the matter will dispose of everything in 1930, although it is still 'possible for them to claim an abatement from the assessment for 1931. The Board therefor voted to approve this -bill of $289. for the Town Counsel's services in this case. 1 Letter was received from the Town Counsel enclosing an article to be inserted in the Warrent for the Annual Town Warrant. Meeting to amend the By-laws allowing the Selectmen to assess.betterments on an extension of water mains. In regard to the application of Peter Canessa for an automobile junk dealers license, Mr. Custance stated that he load been to the premises and that there still remained Junk a lot of things to be cleaned up and Mr. Cane$sa had not: License. as yet, built the fence. When he built the fence, Mr. Custance felt the license bhould be granted to him. Mr. Custance reported having talked with Mr. B. B. Hoxard.in regard to installing a different post in front of Martints drug store with a 1000 candle power light. on It in place of having the spot light suggested by Mr. Seamman and that this would be done free of charge to the Town: Mr. Custance recommended the change, and it was decided to lay the matter on the table until such time•us the other members 'of the Board could look the matter over. Mr. Gilcreast reported in regard to Senate B111 #911 which was for the protection of savings bank deposits that he talked with the c aznsel for the Mass, Association of Savings Banks and was informed that they were not in favor of this bill, Mr. Gilereast and Mr. Blake both stated that they were not in favor of a bill of this kind going through The Board therefor.decided not to take any action on the matter. M,r. Qilereast reported in regard to the applic tion of.Marciano Cardillo for Old -Age Assistance that he visited Mr. Cardillo, and found that he lived in a little on@- room shack on Albemarle Avenue, but felt how*ver that he was in need of assistance and recommended granting him $5. per week Old Age Assistance. Commitment of miscellaneous water charges in the amo nt of $633.09 was signed by the Board.' Letter was received from Miss Mary F. Carroll reg4lesting that the lights be turned on in they early Light. Senate Bill. Old Age Assistance, Cardillo. Commitment. 330 Street Lights Pitometer Survey, hours of the morning to protect the persons going t sadns, The Board requested the Chairman to reply to Carroll that they Fere endeavoring to save on the appropriation for street lights this year and they believed it would be bright enough in the mornings to discontinue this lighting, but in the Fall they take the matter up again, t o the 1Zk CA Reiss t now ■may 'Mr. Hough of the Pitometer Co, of 50 Church Street,, New York came before the Board to discuss the matter of Pitometer Survey. He'stated that according to the figures it was very.evident thst,there were a great many leaks in the water'system of the Tav n and his Company have the devices for finding these leaks, He stated that`thee could do the work the first of March but did not like "' to start before then because there was so much frost in the ground. They could complete the work in about two months. They do considerabl4e,work at night.inasmueh as it is more convenient to shut off the water at that time and they can also find the leaks inasmuch as the families would not be using the water excessively and"that the leakage is going on during the night. They have stout a half dozen types of devices for locating the leak$, and they can find leaks fifteen feet underground and can locate them withing two feet one way or another. The machines which they have rune all the way from $5. to $124. -each, He stated that there was something radically wftft. with the system here inasmuch as the figures show that only 54 per cent of the water is sold. There should be at least,83 per cent sold he stated. In some places they I sell 89 per cent. The water used for flushing sewers and for public purposes rarely exceeds 5,per cent. r> About two years ago they went to Cedar arovol.Konteltire, N.J. and the Town was using about 390 gallons a d$.y. When they got through with the Pitometer Survey they weretbuying about 90,000 gkllons. In Boston they found that most of the trouble was in.the service pipes and brokers pipes, In Pittsburgh he stated that there was a $400,000, suit going on for the collection of money for water not used after having a survey made. He stabed that two-thirds of the cities are now making an annual eheck-up. Most of the cities sell 75 per cent or better of the water they purchased, The Board were very much impressed with the knvwle'dge given by Mr. Hough of the results of the Pitometer Survey and voted to authorize the Supt. of Public Works to proceed r to make the contract with the Company for the Survey which It is understood will cost #,3250, The Chairman reported that the Appropriation Appropriation; Committee decided to take $500. off the Munroe Cemetery Account and $1000. off the Highway Maintenance Account, The' Supt. of Public Works was requested to have one Fences. of the unemployed paint the fences on the highways and to build the rail fences were.needed, Supt. was requested to bring in a report of the fOnces to be d in the Town,. Lights. Attention of the Supt. of Public works was called to the fact that there was need of ;street lights on `tower Street, 1 Clerk. 331 Mfr. Custance reported that he attended the meeting of the Selectmen Is Association in Wareham. He stated that seviral towns were interested in a bill before the Legislature asking the endorsement'of the State on notes and bonds of towns and cities, and the Association went on record as being ' opposed to the bill. It was felt that although some of the towns and cities were in bad condition at the present time, to have the State endorse the notes for the towns and cities would put a tremendous burden on the State and the State would be in the same condition as,some of the towns and cities eventually. Selectmen+e They also argued in regard to adjustments and re tetions Assoc. of salaries and aprd as to•w(thther they were making a meeting. special class pay for all the contributions. He reported that Ayer cut their highway department, down from .50 to x.40 an hour starting the week of February 28th.28, per week Is paid to the Hudson Firemen. Hudson pays 5, per day for electicn7oftiaers He also reported that school teachers are under contract for three ,years and aftery they are employed for three years they are no longer under contract. They also discussed the matter of having the State pay all the land damages under Chapter 90. The meeting adjourned at 11:40 P,LM, A true record, Attests 1 Clerk.