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HomeMy WebLinkAbout1932-05-24422 Gavin Property Licenses SELECTMEN'S MEETING MAY 24, 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 OtConnell were present. The Supt. of Public Works and the Clerk were also present. Mr. Custance reported in regard to his endeavor to settle with Mr. Gavin that he was unable to make any arrangements with Mr. Gavin which would make a proper lot in connection with the lots laid out by the Town Engineer over the plot of land left on the right hand side of Mass. Avenue as relocatedg He, therefor, directed a letter to be Fent to Mr. Cox stating that if he did not accept the proposal of the Board by May 31st the Board would consider the matter null and void leaving his property isolated from the main hightay. M making these arrangsaments with Mr. Cox he would have a frontage on Mass. Avenue inasmuch'as Mr. Gavin would deed him a peice of land. As long as he refuses, he will have no entrance on Mass. Avenue, and will only own one-half of the abandoned way. It was decided also to send a copy of this letter to the Lexington Savings Bank as first mortgagee and Mrs. Mary Lockerby as second mortgagee. It was voted to grant the following licenses; Overhanging Sin — Forrest E. King, 1745 Mass. Ave. - A. Baker, 1713 Mass. Ave. Waverly Hardware Co., 1756 Mass. Ave. Don Yuen, 1734 Mass. Ave. Calvin W. Childs, 409 Mass. Ave. - Ferri Nurseries, Cor.Bow St. & Mass.Ave. s " - Colonial Garage, 1668 Mass. Ave. .1, 34 Bedford St. n n - Western Union, 1736 Mass. Avenue Frank Ready, 1758 Mass. Avenue The Board also signed the Sunday Gold License of James Irwin, Jr. to have Sunday Golf at Marrett Gardens on Marrett Road. Mr. Albert A. Ross came before the Board to make a report in regard to Thomas Curley. He stated that Thomas Curley was laid off in the fall of 1929 with many other men and this was about the second or third time he was laid off that year. He had to keep weeding out the weakest Thos. Curlej of his workers and keep the best of his men on the job. employment. Mr. Curley complained to him about being laid off. Next he heard from the State House about employing non- citizens on the Water Dept., and a man was sdnt out to investigate. The two Cassella's, Joseph and Charles, were complained of, and at that time they were building a sewer on Waltham Street, and a representative from the State House D 'came out and saw the work that they were doing, and informed Mr. Ross that after seeing the work that he would not pay any attention to further objections. From the description of the two men who went to the State House, it appeared that Thomas Curley and Sam Moretti were the man. Mr. Ross had heard that Mr. Curley was circulating a petition to have him discharged. In the Spring, Curley came to him again and Mr. Ross told him that he was not putting on any help. In the Spring of 1930 they put on about ten men. He then did not hear from Mr. Curley for some time until he was put on under him on the unemployment crew. He would class him as a fair worker. He also stated that when he hired him there were not the number of men available that there are today, and he can secure now a much better class of help than at that time and he would prefer not to take Mr. Curley back. He did not class him as a regular man, only as transient help. Mr. O'Connell asked if he would put Mr. Curley on some time when he has hired some men that would be in addition to that he now has, inasmuch as he felt that the conditions at the man's home showed the need of income. Mr. Ross stated at some time when he did need extra men he would hire him. The Board discussed the matter of installing a sewer in Vine Street, and inasmuch as Miss Mulvey did not appear as she stated she would to meet the Town Engineer at noon time, it was decided not to go ahead on the sewer. Later it was voted to reconsider the matter inasmuch as Miss Mulvey appeared before the Board. Mr. Albert Ross was also present. Miss Mulvey presented a statement showing what she intended to do in her houses to remedy conditions that now exist. She stated that 'she had engaged a plumber, but he had been refused a permit by the Plumbing Inspector to do the work. The Chairman presented to her the agreement to be signed by her mother as owner of the property and she agreed to have the paper signed and in the hands of the Board on Wednesday. She stated that they intend to make the house at 19 Vine Street, back into a one family house, that windows would have to be installed.where necessary for the bath rooms. In regard to the store she stated that their intentions are to put the store in condition. They propose to fix the windows and fix the interior of it and put it in its original condition. She was not ready to present her plans, but she had a personal plan in mind which would be objectionzble if the store was removed. They intend to use the stable for storage. They also intend to demolish all of the out -houses. She called attention to the fact that in one of the tenements the paper was off the walls when they viewed the building inasmuch as it was in the process of being papered and thAt is why it looked so bail. Mr. Custa.nce 423 Sewer, Vine St. and Mulvey property. 424 called attention to the rats that were around the store, rA but she felt that the rats could be easily exterminated. She was ready to cooperate to clean the place up and 10,000 would do so right away. She stated that the yards had been cleaned up outside. 150,000 The Board considered the need of a sewer in Vine St. 2/3 an emergency, and voted: 150,000 The Board of Selecrmen of Lexington, acting as a /3 Board of Health, hereby give written notice to the occupants 15,000 of the premises located at Numbers 2, 1®, 12, 14,16,18, 1/3 19, 192, and 20 Vine Street, and Numbers 20 and Rear 35 000 20 Woburn Street, Lexington, that the said Board of 6/7 Health is satisfied upon examination that the said premises 45�OT0 may become a nuisance or be a cuase of sickness to the occupants or the public and require that the said premises be vacated bar May 31, 1932. The said premises shall not be again occupied as dwelling places thereafter without written permission of the Board of Health. By order of the Board of Selectmen Acting as a Board of Health by Clerk. The -:°Board also discussed the matter of the destruction of the store and decided to have the Town Engineer take pictures of the store at various angles. The Board voted to send notice to Mrs. Mulvey ordering the destruction and removal of the store inasmuch as the Board consider it a nuisance and menace to health. Representative Albert H. Burnham came before the Board in regard to the Lexington damages in connection with the construction of Concrod Avenue. He gave the following as the land damages for each town: Land Damage Percentage Cambridge $2000 850. Arlington 10,000 40. Belmont 150,000 '6 2/3 Lexington 150,000 23 /3 Lincoln 15,000 13 1/3 Concord 35 000 26 6/7 Total 45�OT0 He stated that Belmont, Concord and Lincoln assess- ments were now down fairly low. He called attention to the meeting of the Ways and Means Committee, Wednesday morning, and he felt that the Chairman of the Board should attend. Mr. Trask agreed to attend the meeting. Mr. and Mrs. Parker who own property at the corner of Eaton Road and Bertwell Road„ and Mr. Reynolds, came before the Board in regard to the Parker garage. Mr. Parker has a sketch of the garage locatd.d adjoining his house. Mr. Reynolds stated that he would have no objection to the building being located adjacent to Mr. Parker's house, but he did not want anything that would be object- ionable to the neighborhood or a detriment to his property. The Board after taking the matter under consideration decided to request Mr. Parker to bring in architect's plans of the proposed development and the matter was laid on the table until the plans are brought in. Mr. Garrity presented an amendment to the Park Dept. Regulations so that persons would not be allowed on the Park grounds between 10 P.M. and 6 A.M. _ Miss Vienna Edwards came before the Board and stated that she was walking up Mass. Avenue at the fork of the road on the right hand side of the street and she tripped on a stone and the first thing she knew she landed in the gutter. She was informed that there was not supposed to be a sidewalk on the right hand side of the street. She was going up to Lake Street to Jesse Ferry's house and, as near as she could describe it, the place was just beyond the fork of the road. She did not know the names of the roads. The first thing she did was to go to the lamp post to see how badly off she was. Mr. O'Connell's notice of this accident came to the attention of the Board on November 28th in a letter from the Town Clerk quoting Mr. O'Connell's letter that the accident happened on November 4, 1931, and the letter stated that the accident happened near Stratham Road at the foot of Concord Hill. Supt. of Public Works stated that he and the Asst. Town Engineer went to the spot and viewed it and could not see any trace of any stone. The only stone of any kind was the stone at the edge of the curb. Mr. Custance decided to take Miss Edwards to point out more definitely where the accident occured. When they returned, it was found that the accident did not occur at the foot of Concord Hill, but beyond Cedar Street. She stated. -.that the place was covered with leaves when she stumbled over the stone; that she was out of her office for two weeks;that she had to have a janitor attend to her fire for her and in addition to the bill of the doct6r of $30. for care of her knee, she had to pay for bandages and incidentals.Her pay is $30. a week. After Miss Edwards retired, the Board discussed the matter and Mr. Custance reported that this street was very well cleaned up after the work of installing the sewer and water main aad he was very certain that there wem no stones left on the highway or sidewalk. It was recalled that in the Fall of the year, grass borders were planted along the street at that point, and that the construction work had been all done and 'very well cleaned up. For this reason t he Board felt that they were not responsible for any claim which might be made in this case and therefor decided not to take any action. 425 Parker garage. Amendment, Park Dept. Regulations. Edwards claim. 426 Mr. John Audick came before the Board and asked what Mr. Custance reported that he had viewed the Board of Survey regulations afid'rwith one correction recommended that the regulations with the changes as suggested by the Town Engineer be approved. It was therefor voted to approve the regulations as follows: TOWN OF LEXINGTON RULES AND R}•,'GULATTONS GOVERNING THE PREPARATION OF PLANS SUBMITTED TO THE BOARD OF SURVEY. 1. Petitions for the approval of plans by the Board of Survey shall be made on forms obtained from the office of the Town Engineer, and shall be accompanied by plans. 2. Plans shall show scales, date, surveyor's name and address, north point, and names of abutting owners. All plans submitted to the Board for approval must be drawn to scale with waterproof ink on tracing cloth 20" high and 30" wide outside dimensions, with a 2 inch margin on each side except the left side whereit will be 12 inches wide. C! the Board was going to do about the street in front of Mr. Folgerts house. The Board informed him that they understood there was a petition being circulated for the acceptance of the balance of the street. What Mr. Audick was particularly interested in was in getting the grades of the street Tucker when it was finished so he could fix up his property to Avenue the grade of the street. The Board informed him that they would request the Town Engineer to get in touch with him and give him the grades and Mr. Scamman stated that it would be around the middle of June when he would get around to finishing up Tucker Avenue, The Coard discussed the complaint of Mr. Silvio Commeriere in regard to the water being drdned in on his land from the Town of Arlington and his not being able to do any farming on the land owing to the water being stagnant. Commeriere The Board felt that there was a great deal of other complaint brook work to be done in the Town that should be done as well as this work. It was felt that the work on the brook should be done for $50. and not over $100 and it was felt also that Mr. Commeriere could do the work himself if authorization were given him. It was voted to leave the matter with the Chairman to negotiare with Mr. Commeriere to do the work for an amount not to exceed $100. Supt. of Public Workst attention was called to the Lowell culvert near Lowell Street and a hole which is about two Street or three feet from the fence which needs to be fixed right away. Mr. Custance reported that he had viewed the Board of Survey regulations afid'rwith one correction recommended that the regulations with the changes as suggested by the Town Engineer be approved. It was therefor voted to approve the regulations as follows: TOWN OF LEXINGTON RULES AND R}•,'GULATTONS GOVERNING THE PREPARATION OF PLANS SUBMITTED TO THE BOARD OF SURVEY. 1. Petitions for the approval of plans by the Board of Survey shall be made on forms obtained from the office of the Town Engineer, and shall be accompanied by plans. 2. Plans shall show scales, date, surveyor's name and address, north point, and names of abutting owners. All plans submitted to the Board for approval must be drawn to scale with waterproof ink on tracing cloth 20" high and 30" wide outside dimensions, with a 2 inch margin on each side except the left side whereit will be 12 inches wide. C! 427 The scale of all plans shall be one inch equals forty (40) feet. The horizontal scale of profiles shall be one inch equals forty (40) feet and unless otherwise directed, the vertical scale shall be one inch equals four (4) feet. They shall ' show ground heights at the center and both sides of streets at each 50 ft. station. All elevati ns shall be referred to Lexington datum which is mean sea level. Bench marks will be furnished by the Town Engineer. Unless otherwise directed the street should be so located that the proposed grade will not be more than 7% nor less than 0.5%. Only one street plan and its profile shall be shown on one sheet. 3. If the approval of more than one street in the same general territory is desired, a separate plan of each street shall be submitted in accordance with these rules and regulations, and in addition thereto, a separate plot plan shall be submitted, showing the complete layout of all streets, the approval of which is desired, without profiles or other conflicting data thereon. 4. The plan of any proposed street which does not connect at either end with an existing private or public way shall show a practical extension thereof to the nearest existing or proposed private or public way. Unless otherwise directed the minimun width of proposed streets shall be fifty (50) feet. All connecting street lines must be rounded in a manner satisfactory to the Board. Plans of proposed streets must show proposed drainage and disposal of surface water. 5. The plans shall give sufficient information to accurately locate the proposed street as well as its accurate connection with other existing streets in the vicinity. All buildings, walks, drives or other fixtures abutting on or near the proposed street shall be shown. If required, five foot contour intervals, in brown ink, shall be shown along the proposed street and extend- ing a distance of 50 feet outside the street lines. 6. The lines of the proposed street and proposed grades as well as'th' figures showing the radii of curves, widths, and proposed grades must be showtai.ixed ink; other figures an-,,. lines in black ink. Before drawing the final plan, the profile shall be submitted to the Town Egineer for his approval, of the proposed grades. Traverse calculations and a copy of survey notes must be submitted to the Town Engineer. M2 Oak Street 7.- Names of, proposed streets must be satisfactory to the Board, and shall not be placed on the plans until they have been submitted to and approved by the Board. 8. Before any street or way shall be approved by the Board, the petitioner shall cause to be placed in such street or way at all angle —ints,-at the beginning and end of all curves thereof, and at all intersections of streets, and ways therein, stone bounds, of granite or suitable reinforced concrete, not less than four (4) feet in length and not less than six (6) inches in section. Said bounds shall be set in said streets and ways on the actual lines, corners, and angles, the top to be on the approved grade. Ref rence points to be drill holes in the top of said bounds. Location of same to be indicated on the plan. 9. Upon the receipt of a plan and profile, prepared and submitted in accordance with these rules and regu4 lations, together with a petition for their approval, the Board will hold a publicriearing thereon, first giving notice of the time and place, by advertising such hearing once a week for two successive Irbeks, in a newspaper published in the Town, the last advertisement to be at least two days before the hearing. 10. A deposit of fifteen (15) dollars will be required at the time of filing the petition to pay the expense of said advertising. Any unexpended balance of such deposit will be returned to the petitioner and any expense in excess of the amount deposited must be promptly paid by the petitioner upon notice of the amount thereof. Robert P. Trask Theodore A. Custance John E. Uilcreast Daniel J. O'Connell Charles E. Ferguson BOARD 01' SURVEY. May 24.. 1932. Letter was received from Mr. P. J. Neary in regard to Oak Street. He stated that the residents of that vicinity were not satisfied with the suggestions made by the Board andtthey felt that they should have another hearing. The Board decided to reply that there would be nothing gained by another informal hearing, but if they desired to insert an article in the Warrant for a Town Meeting to be held June 20 asking the Town to instruct the Selectmen to relocate Oak Street that the Board would be glad to have them do It, but on the other hand, the Board felt that would not be able to recommend that the work be done at this time. I 1 u �A A letter of thanks was received from Miss Anna Hannaford for the granting of her Sunday Sales permit free of charge. ' Bill for $579, for the painting of the Public Works Building was approved by the Board. The Chairman reported that in addition to the contract of $484, he authorized sides of the building to be painted. Two sides were Public very dry and he approved the price of $95. for the extra V�orks work. Building. Mr. Ferguson called attention to some holes that needed to be puttied up on the Public Works Building and felt that the Supt. of Public Works should communicate with Mr. Tobin in regard to the matter. Mr. Gilcreast reported that he attended the meeting of the Mayor's Club in r1gard to the proposed tax and after wasUng several hours there, he gathered from the meeting Meeting. that they would recommend a gasoline tax for the surplus resenue needed for Welfare and Soldiers Relief. Letter was received from the State Dept. of Public Health in which they stated that the chare for Tuberculosis cases at the Rutland Sanatorium would be 917.50 a week. Public The only case left in the Sanatorium now is Nelson S. Dwyer Health and the Clerk was directed to prepare application for his admittance to the Middlesex County Sanatorium. The Board reserves the right to reappoint or not next year. The correspondence of the Building Inspector in regard to Mr. G. E. Pease and Mr. Geo. E. Crooks, where one party built a house on two 25 foot lots and agreed to buy the house and provide a two car garage from the other party and sell him enough land to comply with the Town Building Laws. Later the man found out that he did not have enough land to comply with the Building Laws and the two car garage was not 712 feet from the line inasmuch as sufficient land was not sold to him. The Town Counsel gave an opinion to the Building Inspector that the only violation was of the Building law Playground Instructors. in leaving tht garage in its present relation to the present lot line. Redivision of lots in this manner appears to be done very often and there appeaas to be a question as to whether Building law opinion The Board voted to approve the following list of instructors at the Playground for the coming season: - Edward Abell 9 weeks @ $30.00 - $270.00 Dorothy Rudd 9. " @ 20.00 - 180.00 Robert Mara 10 " @1 22.00 - 220.00 Helen McCarron 8 " G 15.00 - 120.00 Sylvia Swett 8 n @ 18.00 - 144.00 Dorothy Cummings 8 'r 5.00 - 48.00 The Board reserves the right to reappoint or not next year. The correspondence of the Building Inspector in regard to Mr. G. E. Pease and Mr. Geo. E. Crooks, where one party built a house on two 25 foot lots and agreed to buy the house and provide a two car garage from the other party and sell him enough land to comply with the Town Building Laws. Later the man found out that he did not have enough land to comply with the Building Laws and the two car garage was not 712 feet from the line inasmuch as sufficient land was not sold to him. The Town Counsel gave an opinion to the Building Inspector that the only violation was of the Building law Playground Instructors. in leaving tht garage in its present relation to the present lot line. Redivision of lots in this manner appears to be done very often and there appeaas to be a question as to whether Building law opinion 430 or not the Zoning Law covers a situation of this kind. The Chairman agreed to take this matter up with the Planning Board and request them to make a study of this and other things which should be changed in the Zoning , Law. . He also agreed to take up the matter of granting of permits for roadside stands for more than one year. Town The Board voted to hold a Town Meeting on dune 20th Meeting. 1922 at 8 P.M. .Another abatement was signed on the Musgrave property. Abatement Mr. Scamman explained that the last abatement was incorrect inasmuch as the interest figure given by the Supt. of Public Worker Office was incorrect. Mr. Trask reported that he had consulted with Mr. Edward Ballard in regard to preparing a plan of the Public Works Dept. Building and he stated that he would Public be glad to make the plan qnd would have it done about Works the 15th of June. Bldg. The Board discussed matters pertaining to the work being done at the Public Works Dept. Bldg. at the present time by the Welfare crew under the Supt. of Public Works, The Supt. of Public Warks was requested to bring in information in regard to the amount of money the Town ' Water makes on the water sold. He also was requested to bring in information in regard to the amount of water used by the farms around Town to see what might be done in regard Letter was received from Mr. F. L. Emery in which he claimed the method of sending checks from the Town Treasurerts Office was antiquated and there should be some sort of designation with each check sent out that would show the person receiving the check what -it was for. He related a recent experience where a check of $93.70 was Complaint re sent to Carl Nelson instead of being sent to the Field and method of Garden Club. It appeared that the Field and Garden Club sending were to receive the money but that the schedule was made checks. up improperly and the Town Accountant did not find the error. Although this was not the reason for the error being made, Mr. Ferguson suggested that voucher checks might ' be used and this would save any future trouble of this kind, and he felt that it would not mean very much more clerical work. The Chairman reported that he would talk with the Town Treasurer in regard to the matter.; Plumbing The examination for the Plumbing Inspector is to be Inspector. held on.June 21st. The Chairman reported that the Planning Board desired Zoning to have an article in the Warrant for the change of the haw. Zoning Law at the corner of Oak Street and Mass. Avenue. Mr. Trask reported that he had consulted with Mr. Edward Ballard in regard to preparing a plan of the Public Works Dept. Building and he stated that he would Public be glad to make the plan qnd would have it done about Works the 15th of June. Bldg. The Board discussed matters pertaining to the work being done at the Public Works Dept. Bldg. at the present time by the Welfare crew under the Supt. of Public Works, The Supt. of Public Warks was requested to bring in information in regard to the amount of money the Town ' Water makes on the water sold. He also was requested to bring in information in regard to the amount of water used by the farms around Town to see what might be done in regard 431 to establishing a rate for the farms. The Board again talked over the high water rate. ' The Board discussed the matter of reports from the heads of departments and felt that the Supt. or head of each Department should bring in a weekly report ahwwi.ng the work done the past weep: and the work„that they intend Reports. to do the following week and give an estizate of the cost of what they feel the work is going to be. Mr. Ferguson was not satisfied with the reports of the Supt. of Public Works inasmuch as they did not say the number of men at Bork and the cost of the job. He felt that similar to the business of a contractor the work that is done by the Town should be carried on and the cost of each week's work should be reported. Mr. Custance stated that about six years ago, he made up a form for the Supt, of Public Works to use to give wrii:tten orders to the Depts. As far as he is aware, these orders have not been used and he felt that they should again be put into use. Supt. of Public Works was requested also to bring in Clerk. more information in regard to the purchase of a tractor. Tractor Her. O'Connell called attention to the fine work done by the small tractor owned by:Mr. Ross and felt that the Town should own a machine of this kind. Supt. of Public Works attention was called to the fact that the street in front of the Buckman Tavern should be Supt. to ' fixed;1also to two holes'in Cedar Street below the Town make Farm which should be repaired; also to sidewalk on Maple repairs, Street which is in bad condition; and to the sidewalk in etc. front of the Whbaton place on Mass. Avenue. Mr. Gilcreast made inquiry about the sewer covers as to -whether or not they have all been changed to the Sewer heavier -farm of cover. The Supt. reported that they had covers. not been clanged yet but that they would-be in the near future. Letter was received from Edwin B. Worthen in which he calledattention to the expiration. of Fire and Theft Insurance on Nater Dept. Ford 11 ton 1928 truck. It was decided not to renew this policy inasmuch as the compressor is now on this truck. In connection with matter, the Board discussed whether or not they would Insurance .this carry fire and theft insurance on any or all of the Town trucks and rate in the amount of 52 cents per hundred of insurance was furnished for fire and theft insurance by Ridhard Whittemore. The Chairman was, requested to get some other bids on rates and rejort at a later date. ' The meeting adjourned at 12 o'clock. A true record, Attest: Clerk.