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HomeMy WebLinkAbout1932-05-17SELECTM, fS MEETING. 413 MAY 17, 1932: 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, Custance, Gilereast, Ferguson and. O'Connell were present. The Supt. of Public Works and the Clerk were also present. Certificate of incorporation of Caleb -Rand Association with Mr. Homer J. Bartlett of 15 Cedar Street, Lexirgton and Clayton F. Beach of 24 Oakland Street as two of the Certificate incorporators was received. A statement was received from of IncoriDor= the Chief of Paliee stating that these men had never been atiop. engaged in the liquor business or convicted of gaming, and it was voted to sign the certificate to that effect directed to the Secretary of the Commonwealth, Hearing was declared open on the aprlication of Roy. Cook A. Cook to maintain a one car garage at 39 Charles Street. garage No one appeared to object, and it was voted to grant hearing. the permit provided the Building Inspector approved. At 8:15 P.M. hearing was declared open on the application Pole of the Edis c Ill. Co. to erect two poles on. location. Pinewood Street wester from Summit Road. No persons appear d to object and it was voted to grant the permit. Mrs. Rebecca Bornstein came before the Board in regard to the permit applied for by Eva Bornstein at 56 Mass. Ave. Bornstein for a Common Victualler's License. She pleaded that the permit, permit be granted. The Board considered the matter, and decided not to grant the permit. Letter was received from the Town Counsel in reference to installing sewer in Belfry Terrace. In June 1929, the Belfry Town voted to install the sewer in Belfry Terrace. At that Terrace - time the Board decided to install only approximately 100 sewer, feet to the house of Fred Stankard to take care of the condition there which was complained of. The advice of the Town Counsel was asked whether or not another order to install the sewer in the rest of the street as authorized by the Town could now be recorded. The Town Counsel advised that another order could be filed in the Registry within 30 days after the adoption of the order by the Board of Selectmen and that the betterments could be collectbd. Hd stated that in the case of sewers they were different than highways. He enclosed however, a form of agreement for the abuttors to sign inasmuch as the Board informed them that they would have to sign an agreement to be willing to pay the sewer assessment. The Town Engineer came before the Board in regard to the new house that is being built. He stated that the plumbing had been put in and that he had made arrangements to connect with a septic tank in the rear of the house. It appears that they will now have to change the plumbing in order to meet the grade of the sewer. He felt that this could be worked out. The other houses on the street are all higher, and he did not believe it would be necessary to lower the sewer. 414 to meet the conditions at this one house. It was felt that the man should have inquired about the sewer prior to the installing his fixtures. Mr. Custance also fuggested that sewer connections should be made at an angle wherever possible. r The Board therefor voted to sign an order authorizing the sewer to be placed in Belfry Terrace from its present terminus a distance of approximately 180 feet northeasterly. ORDER OF r -.TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER $04 OF THE ACTS OF 1897 AS AMENDED BELFRY TERRACE (From. Forest Street northeasterly) WHEREAS, By Chapter 504 of the Acts of the year 1897, entitled, "An Act to authorize the Town of Lexington to construct a system of sewerage," the same being hereinafter referred to , as said Act," said Town was authorized, among other things, to lay out, construct, maintain and operate a system of sewerage, with the powers,and authority set for th in said Act, including full power to take by purchase or otherwise any lands, rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned in Section 1 of said Act; and WHEREAS said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, and plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town it the manner provided in Section 5 thereof, the then Roard of Water Commissioners of said Town and the Board of Sewer, Commissioners elected under the provisions of said Act.(Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the powers and duties of the Water and Sewer Commissioners were assigned to the Board of Selectmen as a Board of Public Works; and WHEREAS, Robert P. Trask, Theodore A. Custance, John E. Gilcreast, Charles E. Ferguson and Daniel J. O'Connell, citizens and residents of sAid Town, have been duly qualified and are now the duly elected qualified and acting Board of Selectmen pursuant to law and the provisions of the Acts hereinbefore referred to.. and WHEREAS said Town by vote passed at a town meeting held on the 10th day of February 1915. authorized and requested said Board of Water and Sewer Commissioners (hereinafter referred to simply 415 as "the Board") to proceed under the provisions of said Act as amended by Chapter 322 of the Acts of the year 1913 and the acts referred to in the first section thereof, to lay out, construct, maintain and operate a sewerage system; and said Board has, ' conformably to law and pursuant to said_ vote, laid out such system and is about to construct the same; and WHEREAS the Town has on the 18th day of June, 1929, "Voted: That the Board of Selectmen be authorized to install sewers in the following streets Belfry Terrace, a distance of approximately 280 feet; Massachusetts Avenue, from Audubon Road a distance of arproximately 1025 feet and Oak Street, from Baker Avenue a distance of approximately 160 feet." and .NHEREAS the system, as so laid out, required the construction of a sewer in he location ?�;ereinafter described, the. same to be maintained and used as part of a system of sewage disposal for a part of said Town, and WHEREAS, the location adopted for said sewer is shown approximately in the followin described line, hereinafter called the "line of location, viz,- Beginning iz;Beginning at a point in the northerly line of Forest Street, said point being westerly and distant approximately 506 feet from the intersection of the northerly line of Forest Street and the westerly line of Clarke Street, thence northeasterly distant about 260 feet ' For further description of the line of location see plan by the Town Engineer dated May 17', 1.1982 hereinafter mentioned and referred to. And whereas the right of way and easement hereinafter described and taken are necessary for the establishment of said system of sewerage and sewage disposal and for the purpose of providing better drainage as authorized by said:'Act; Now thee, said Board, acting for and in behalf of said Tew n, hereby takes under the authority of said Act (Chapter 504 of the Acts of 1897) the following right of way and easement, viz; A right of way and easement in and through the land through which the line of location runs in Belfry Terrace for a sewer, including manholes and appurtenances, said sewer to be laid and maintained in the ground in substantial accordance with said. line of location. The easement covered b!r this taking includes the right on the part of the Selectmen of said Towh, or other duly authorized agents of the Town, to enter upon, dig up, open and use the land embraced within said way as may be reasonably necessary for the purpose of laying the sewer, manholes and apiaustenances initially and maintaining, operating, inspecting and repairing the same from time to time thereafter; said Town being always bound to see that the ground directly after the completion of the work in each case i&scleared of all surplus materia 1, and surface left in as smooth and good condition as at the time of entry. The right of way shall include so much of the line of such way as is necessary for the taking and purposes, not exceeding twenty (20) feet on each side of the line of location. 41 Betterments will be assessed for this improvement in accord- ance with the provisions of Chapter 221 of the Acts of 1926. ' A plan made by John T. Cosgrove, Town Engineer, dated May 17, 1932 entitled, "Plan of Proposed Bawer in Belfry Terrace, Lexington, Mass., Scale 1 in. - 40 ft., May 17, 1932.. John T. Cosgrove, Town Engineer", is hereby referred to and made a part of the present description of taking, which plan is to be recorded herewith in the registry of deeds for the Southern District of the County of Middlesex. The area whidh it is expected will receive bene.fft or advantage other than the general advantage to the community from such improvement is described as follows: - the same being lands of William W. Ferguson, Claude L. and Laura'B. Patterson, Julius Seltzer, Evelyn White, and Paul Whipple. 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 as shown in the schedule which is hereto annexed and made a part hereof. VVe determine that no damages have been sustained and none are awarded. , To have and to hold said right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeably to the provisions of said Chapter 504 of the Acts of the year 1897 and any and all pertinent acts in amendment thereof of supplemental thereto. IN WITNESS WHEREOF the said Robert P. Trask, Theodore A. Custance, John E. Gilcreast, Charles E. Ferguson and Daniel J. O'Connell of the Board of Selectmen aforesaid, have hereunto subscribed their names this 17th day of May A. D., 1932, Robert P. Trask John E. Gilcreast Board Theodore A. Custance of Charles E. Ferguson Selectmen. Daniel J. O'Connell COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, May 17,1932. Then personally appeared the above named Robert P. Trask, John E. Gilereast, Charles E. Ferguson,Theodore A. Custance, , and Daniel J. O'Connell, and severally acknowledged the fore- going instrument and statement by them subscribed to be their. free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, 417 Notary Public ' k A true copy of the records, Attest: Helen C. Whittemore lerk,Board of Selectmen. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. BELFRY TERRACE (From Forest Street Northeasterly) Owner as of April 1.1932 Assessment William W. Ferguson $135. Claude L. and Laura R. Patterson 125, Julius Seltzer 150. Evelyn Vrl.Wh.ite 40, Paul Whipple 100. Mr. Tony Za7elllii came before the Board in regard to his application for a permit to sell tonic and ice cream at #2 Bow Street. He stated that he was a candy maker by trade; that hh is only working a few days each week and has a large family and he is unable to support them on these few days. He stated that he had two daughters who could run the store for him and then he would obtain more revenue for the support d of his family. He did not propose to have the store open after 10 o'clock at night and would be glad to have'the police drop in there at any time. In regard to Mr. 91.1sk.t4s former conviction for selling liquor, he stated that it was customary for his nationality to have in their houses some wine, and this was What' -he had and was convicted in Court. Serrilla The reason that he paid his fine and did not appeal was application. that at that time he had wort in a candy shop and if he was out he would lose that much money and hs paid the fine rather than lose his work. The Board considered the matter and voted to grant him a Sunday Sales Permit to do business at 2 Bow Street. They felt that it might be better to give the man an opportunity to earn his living rather than for him to apply for aid. Application for the position of Plumbing Inspector was P1-ambifg received from Edward J. Rogers of Grape Vine Avenue. Inspector. . Notice of a meeting to be held at the Parker House, Wednesday, May 18th at 12 otclock to be attended by the Mayors and Selectmen of the Towns was received. Meeting. The purpose of the meeting was to obtain new sources of income to meet the demands of the Soldiers Relief and Welfare cases, 418 Mr. Gilcreast was requested to attend the meeting.tw The Board discussed the matter of naming a part of p.0 Allen Street from Waltham Street to the Franklin School. A letter was received some time ago from Edwin B. Worthen , in whish several suggestions were made of names of persons who were connected with the property many years ago. Among the names, was the name of Stedman which appealed to the Board to adopt. After considering the other names mentioned, it was finally voted to name this street Stedman Road from Waltham Street to the Franklin School and Allen Street from Marrett Road to Blossom Street would still be called Allen St. Supt. of Public Works was requested to have signs erected designating the name of this street. The Building Inspector called attention to the fact that the Zoning Laws did not provide a twenty foot setback in the area changed into a business zone at the corner of Lowell and North Streets. The Chairman felt that under Section 7, area regulations, that the statement that all changes into business districts made after the adoption of the Zoning Law covered: that particular condition and that the Building Inspector was entirely within his rights in asking for a twenty foot' -set- back. The Board approved the Public Carriage bond of John W. Leary, he having satisfactory sureties. Application of Isabelle Hathaway of 32 Reed Street ' for Old Age Assistance was referred to Mr. Gilcreast for his attention. Application was received from Francis Kelley, giving his address as Arnold College, New Haven, Conn., for a position at the playground. The Board decided to inform him that there were no positions vacant at the present time, but if there was an opening at a later date he might be considered. The matter of appointments of playground employees recommended by.Mr. Garrity was again considered. The Board again discussed the matter of the reappointment of Miss Sylvia Swett and decided to lay the matter of appointments on the table again for one week. Letter was received from Delia V. Mulvey in which she stated that she had made arrangements to put in toilets and connect sinks in her property to the sewer; that she would paint and paper the apartments as they are vacated. The Board discussed the situation and whether or not they would give an extension of the time to the persons who live in the houses. Mrs. Mulvey desired to have the Board withold any notice to the Hadley family and to the Wilson family of any extension of time that they }bay have to vacate inasmuch as she desired to have them get out at the end of the month. The Board discussed the matter and felt it was entirely up to the landlady to have these persons vacate and they could not show any partiality by not giving the notice to these two parties. 419 The Board decided to extend the time 30 days beyond the 31st of May. They also decided to request Mrs. Mulvey to come before the Board with a plan showing where she intended to locate ' the toilets in her buildings and what improvements she intended to make. Mr. Custance thought that the store which is not being used for anything and is located on this property should be torn down. The Board felt that if Mrs. Mulvey proves that she intends to do something immediately, they could consider a sewer an emergency and install it at once. It was therefor voted that the Supt. of Public Works be instructed to prepare a_rd present to the Board at the next meeting the layout of a sewer in Vine Street in connection with the Mulvey property. It was deeded to notify the Plumbing and Building Inspectors not to grant any permits for alterations on the Mulvey property unless the same had been approved by the Selectmen. Letter was received from Mr. Y. J. Neary in r e;ard to tnet caterpillars on rroperty located near his property Complaint and asking that the Town clean the caterpillars from the re cater - trees on this lot so they will not annoy him. pillars. The Chairman st:)ted that he would reply to the letter. The Supt. of Public Works reported in regard to Thomas Curley that he worked 37 weeks in 1926, received 2 weeks vacation; worked 46 weeks in 1927, received 2 weeks vacation; ' worked 50 weeks in 1928 and was paid for two weeks vacation and let off Jan. 1929. He went to work March 21, 1929 and worked 7 weeks; went tow ork -a,- ain Nov. 9, 1931 and worked 6 weeks. He has not worked for the Water Dept. since Jan. 17, 1931. Mr. O'Connell felt that Mr. Curley could be called Curley a regular man and until he circulated the petition that employment. was reported in the previous report of the Supt. of Public Works about non -citizens being employed he was considered a regular man. Mr. O'Connell felt that there had been other men put on the Dept. since he has been employed and that Mr. Curley should be reinstated. The'Board discussed the matter of the morale of the employees if a man is -reinstated against the wishes of the. Superintendent. It was decided to request the Supt. of the Water and Sewer Department to make his report in regard to why he did not want Mr. Curley employed in his Department, and Mr. O'Connell felt that Mr. Curley should also be given an opportunity to answer the statements that the Supt. of Water and Sewer Dept. would make. Mr. Melvin L. Downing came before the Board in regard ' to his application for all night service at 1786 Mass. Avenue where the Board voted to grant him a Common Victuallers License., Mr. Downing stated that he presented recommendations from the Mayor of Waltham and others and he felt that his recommendations should give the Board proof that he conducted his place in Waltham in an orderly manner. He stated that he operated the Candlelight Tea Room in Waltham and also had a restaurant. 420 He entered Lexington with a clean slate, all of the equipment purchased and paid for. He pays his employees a good salary so that they will show interest in the .business. The Candlelight Tea Room in Waltham is kept open until two in the morning and the lunch room is open for 24 hour service. ' The lunch room is located right near the Police Station and there are four tenements in the building where the restaurant is, and he has not had any complaint of any kind. After considering the matter, the Board decided to gr`n t Mr. Downing permission to have all night service provid`ng there would be no disturbance caused by being open all night. Mr. Silvio Commerio came before the Board in regard to the condition of his land. He stated that the Town of Arlington cleaned their ditches and dumped all the water in -on his land and that if his ditches were not cleaned he could not raise any crops on his land. He stated that he had two sons'who could work in the garden while he had to get some work outside. ne also wanted to know if he could get some work on the `Down. The Board informed him that they would go down to his place and look at the property and let him know if anything could be done. He stated that he had one boy in the hospital and another child sick at home. The Chairman reported that persons were parking in at the Lexington Reservoir late at night and disturbing ' the neighbors. This has been since the reservoir property has all been cleaned out. He felt that in order to control this, a reCu lation would have to be adopted and added to the present regulations calling for a fine of $20. if the park is used after 10 o'clock at night. The Board also discussed the matter of the use of the reservoir for bathing purposes and felt that some ladders should be provided for the protection of the persons who use it. The Chaltmen agreed to bring in a regulation for the approval of the Board. Letter was received from Mrs, Scamman in regard to the condition of the Williams property on Cedar Street about which complaint was received. The Supt. stated that all the stones had been removed and the place was cleaned up. A small amount of loam and a little grass seed would make the conditions better and it would probabl please Mr. Williams. This could be done for not over 15. The Chai rman r eported that some of the men who were welfare cases, who were not able to do the work on the brooks or the Park Dept., were to be turned over to Mr. Scamman to clean up the Public Works Dept. and to clean up the dumps around the Town. He , stated that instead of hiring three or four extra men during the summer, Mr. Garrity would take on some of the unemployed men to do the extra work in the Park Department, three days for each man each week. 421 Supt. of Public Works' attention was called to some stones on Waltham Street near Wachusett Drive which had fallen into the highway and which should be removed before any trouble is caused by persons Striking them. Letter was received from the Supt. of Public Works in regard to request of Mr. William Hunt that the hydrant which is in.front of the entrance tro the second floor of his building be removed. He claims that in its present location it is a detriment to the leasing of his two stores because of parking regulations, and asked that it be moved to the corner of Waltham. Street. Supt. recommended that the location be abandoned and that a new hydrant be installed on the southwest corner of Depot Park, the cost of removing and replacing amounting to $175. He felt that this location would better suit the needs of the Fire Dept. rather than moving it to the corner of Waltham Street. The Board voted to accept the recommendation of the Supt. of Public Works and authorized him.to proceed. The Clerk reported that Mr. John Connor of Theresa Avenue reported a dump at the corner of Cliffe Avenue and Bow Street that should be cleaned up. The Supt. was requested to get in touch with the owners of the property and ask that they have the dumping stopped. ' The Supt. of Public Works was requested to bring in a list of meter readings in houses with three or four bathrooms. The water rates were also discussed, it being thought that the rstds in this Town were extremely high. It'was suggested that it might be possible that the farmers could be given lower rates and the Supt. of Public Works was requested to brim in suggestions. In regard to the street lights on the Common, the Board decided to authorize the Supt. of Public Works to have the #hr•ee'poles changed that were necessary to change and pay for their installation rather than to change over to 600 candle power street lights. The Board voted to grant a Sunday Sales License to the Shell Eastern Petroleum Products Co., Inc. Also an Al, cohol License to sell alcohol at 1029 Mass. Ave. The meeting adjourned at 10#40 P.M. A true record, Attest: I Clerk.