HomeMy WebLinkAbout1932-06-05 467
SELECTMEN'S MEETING
JULY 5, 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, Gilcreast, Ferguson, Custance and O'Connell
were present. The Supt . of Public Works and the Clerk were
also present.
Bids were received on Revenue Loan of $175,000 payable
Oct. 14, 1932 from the following:
F. S. Mosely, 3.48 dis. Bids
Faxon Gade 2.73 dis.
Day Trust Co. 2.46
Lex. Trust Co.2.87
It was voted to award the bid to Day Trust Co. at
their bid os 2.46.
Special Police Commission was signed for David MoPeake.
The Chairman explained that Mr. Garrity asked that he be
appointed as Special Police so that he could do duty on the
Park grounds.
The Clerk reported that Mr. Leaf stated in regard to
the letter received by him calling attention to the dumping
on Cottage Street on his property, that the property did
not belting to him where the dumping is maintained. He
himself asked the Board last year for a sign to be put up
"No dumping" but the sign would only remain up a few days Cottage
when it would be torn down by the boys in the vicinity. St.Dump.
Mr. Leaf reports that the dumping is being done on the land
owned by William Hunt,
It was decided to write a letter to Mr. Hunt
requesting him to peat the land and prbiibit any further
dumping on his property.
The Chairman reported that Mr. Ballard stated that
he would like to have a sidewalk along his property continuing the
sidewalk now being built by the unemployed on the Park grounds
beyond Audubon Road to the point where av+sidewalk now exists. Side-
This would complete this stretch of sidewalk. walk.
The Board felt that this whould be done and voted to
have the Park Dept. construct this sidewalk.
Mr. Gustaf Lidberg came before the Board and asked
for the extension of water beyond East Street to his
property.
Mr. Custance informed him that approximately it would
cost him about $150. a year for the guarantee, but if others
came in on the guarantee that it would cost him less. Mr,
Custance informed Mr. Lidberg that he would go over the natter Water.
with him and give him the exact figure of what it would cost
and the Board also voted to take this matter up at the next
Town Meeting.
It was voted to grant the American Legion the use of Use of
the Playground on Saturday, July 9th, for the Field Day playground
of the American Legion which was post-poned from July 4th.
468 ocar
Shirley St. The reports of the Town Engineer on the Shirley St.
sewer. sewer were' to be studied by the Board before any definite .
action was taken.
The Chairman reported that the State were willing to
co-operate with the Town of Lexington in placing the
proposed State highway in whatever location the Town
desired.
The Town Engineer made a study of the situation,
and the layout now proposed appears to be a better layout
than what was originally planned by the State.
The Board retired to the Engineer's Office to view
Concord the proposed layout designated by him with the State 's
Avenue. approval, and the Board decided to meet with the State
Engineers at 2 P.M. July 8th to go over the layout .
The Town Engineer also presented list of proposed
damages. He stated also that he had been in conference
with Mr. Moody in regard to the additional holes which he
is building for the Minute-Man Golf Course.
The Town Engineer desired to have aerial maps made
showing the Concord Avenue section so that he may make a
more complete study without going out on the ground to obtain
the data.
The Board discussed whether or not the information would
be of sufficient assistance to expend the sum. of $40. at
the present time, and whether or not it would be better to
take the views after the street is laid out; also whether
or not the information should be furnished by the State rather
than the Town.
After discussing the matter it was decided to authorize
the expenditure of $40. to be charged to the Unclassified
Account.
Mr. Bedros Bashian did not appear as he stated be
would. The Chairman called attention to the fact that the
Board had previously authorized certain work to be done
around the Haywood Pump, and that the ground had been seeded around
the pump. Mr. Bashian now asked that the grass be mowed
Bashian by the Park Department. Mr. Trask stated that Mr. Bashian
property. reported to him that he would be unable to deed this piece
of property over to the Town for a Park owing to trouble
with his wife. His wife feels that the property should go
to the 7th Day Adventists.
The Board therefor voted not to keep the grass mowed
by Tawn employees as requested inasmuch as the property is
private property.
The Board discussed the matter of doing some work on
Wood Street from the Highway Maintenance Fund. Mr. Custance
Wood reported that there had been four springs broken by the
Street. Holtons on their car, and the Maguires had also broken
several springs, and he felt that the street should be put
in a Fairly passable condition. He stated that he felt that
it would cost approximately $ . to do the work.
The Board felt that this was a considerable sum to
expend inasmuch as the Town did not vote to allow them to use the
$5000. appropriated, and felt that as long as there were no
large holes and as long as the street was only in a rough
condition that they would not spend any amount of money on
the street.
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The Town Engineer was instructed to make a layout of
the entire length of Follen Road from Pleasant Street bo
Marrett Road establishing a 50 foot width.
The Board decided to hold a hearing on this layout and Follen
to present the order of relocation to the Town for acceptance Road.
at the next Town Meeting.
Mr. John Audick of Tucker Avenue came before the Board
in regard to the drainage conditions since the Highway
Department fixed the street. Tuck-
The Supt. reported that if some work could be done on er Ave.
the private way that the street could be fixed properly.
It was decided to have the Town Engineer make a
study of the drainage conditions there and see what could
be done.
Letter was received from Philip Leaf, Asst. Janitor,
in regard to the Board's letter to him asking him to
contribute to the Unemployment Relief Fund. He called
attention to the fact that the Board promised at the Annual Leaf 's
Meeting in March that there would be no salary reductions unemploy-
and in spite of that fact, he was singled out and received ment con-
a reduction of $2. per week. On top of that, he was tribution.
supporting his daughter and four children at a cost of
$8; to $10. per week, and he felt that he was contributing
considerabley to the welfare fund.
The Clerk reported that Mr. Meek, Mr. Leaf's son-
in-law, applied for aid over a year ago, and upon taking the
matter up with Mr. Leaf, he agreed to take care of the
family rather than let them secure aid from the Town.
The Board felt that under t he circumstances they
should release Mr. Leaf from 4.aking the payments.
The Chairman reported in regard to the contributions
of the Town employees for Unemployment Relief, that he
received word from Mr. Grindle that the teachers would probably
sign up one hundred per cent . He had not heard in regard to
the janitors. The Engineering Dept. signed up one hundred
per cent. Edward C. Maguire had not yet -reported in the Police
Dept. ; other than that all the others had signed in Con-
that department. The LihbArtana had all signed up, and he ex- tribu-
pected to receive the money from the Fire Dept. tomorrow tions.
morning.
Those who had not signed up are as follows:-
Helen C. Whittemore, Chas . E. Hadley, Russell I. Pt+entissf
Dr. E. E. Morrill, Edward W. Taylor, Norman C. Hooper,
Edward F. Buttrick, Elinor Moakley, Robert H. White.
The Chairman reported that he would send a list to
all the members of the Board of those who had not signed up.
The Board agreed to meet Miss Mulvey on Tuesday evening Mulvey
next at 7 P.M. to inspect the premises on Vine Street if property
this time is satisfactory to her.
Mr. Gilereast reported in regard to the Old Age
Aa9istance application of Mary J. Rogers, that he visited
Mrs. Rogers and he also talked with Mr. Stacey) the Attorney
for the Ewing estate. He asked if Old Age Assistance
were not granted to her what would become of her. He did
not like the idea of placing her in Lexington and applying
470for Old Age Assistance. At one time Mrs. Rogers was wealthy t
and her husband lost all his money. There was a Trust Fund
left Per her by her brother-in-law, Mr. Ewing, but there
would not be sufficient funds in the estate to establish
this Trust Fund. He stated that Mr. Stacey informed him
that he had already paid out over $200. of his own funds
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to help her out and he could not continue to do so. Mr.
Gilcreast felt that she would be some expense if she
became ill and passed away.
After considering the matter, the Board voted to
grant Old Age Assistance in this case in the amount of $8.
per week.
Joint hearing was declared open on the application of
Thos. Hayes of Walden Street, Concord, for permission to
keep, store and sell 4000 gallons of gasoline and petroleum
products.
The Clerk of the Board of Appeals read the notice of
the hearing.
Judge Pierre Northrup appeared for the petitioner.
He explained that he felt that a man had a right to make
a living in whatever way he wanted to and he did not believe
it was for the Town Fathers to say he should not make a living in
that manner if he so wished. He believed that when the
Zoning Law established sections for business, any
legitimate business should be allowed to be carried on
in that locality. He felt in regard to this application
for a gasoline filling station and pumps, that no one should come 1J
in and say that it offends their aesthetic taste; that no one
should come in and say that they would much prefer to have
stores because they did not like the looks of a filling
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station, and he felt that no one would dare to build stores
at the present time when there are so many vacant. He felt
that at some future date it might be possible there might
be a municipal building on this location, but at the
present time there was no need for stores or a municipal
building. he felt in regard to the inspired article
in the local paper that there was no necessity for a
filling station at that location, that it was hard to
say that there was no necessity when a person is willing
to invest his money, and that a person had -a fundamental
right to undertake any business project which was not a
serious detriment to the Town and he felt that this
station would not be a detriment to the Town. The Company,
the name of which he did not wish to divulge, were willing
to guarantee the expenditure of $25,000. on this lot to
imrpove the property. He felt that this thi547dtri more value in
taxation in addition to.the employment of men who live in the
Town. In addition, the Company interested in he project
would be willing-to give the Town a right of wy to Vine
Brook Road which undoubtedly the Town will so time
purchase at a great cost. He felt that competitors '
did not have any right to protest. He felt that Mr.
VianoTs establishment was not only a garage, b-it a
repair shop, tire and refrigerator salesroom, xnd that the
sale of gasoline was only incidental thereto. He felt that
many persons prefer to stop at a filling station rather than {
a garage for the service given. He stated that Mrs.Mary
Valentine is the present owner of the property and that Mr.
Hayes. represented a concern having an option to purchase
the property until the first of October and if the permit
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471
is granted, they will exercise the option.
Mr. Glynn of the Board of Appeals inquired the name
of the company, but Nr. Northrup stated that he did not want
II to give the name at the present time. The company intended
to by the entire property. They did not have any definite
plans, but they would locate the station and pumps anywhere
the Board desired. He stated that the buildings on the
property at the present time would probably be removed fob►
torn down.
Mr. Eugene J. Viano opposed +-he petition. He stated Joint
that he had never been to a hearing where the petitioner hearing,
was not present; also there was no definite plans of the Thos. J.
property that would give anyone an idea owhat was intended Hayes.
to be done. He also stated that he understood that it was
customary for the owner of the property to petition the
Selectmen. He stated that Lexington was a place where
people like to come to live and if the center of the Town
was made like Mass. Avenue in East Lexington, a gasoline alley,
people will not want to come here to live. He stated that
there are more than twenty filling stations in Lexington, and
that was more than the number of grocery stores and drug stores
put together. Within one-eighth of a mile there were five
filling stations. He stated that as far as the sale of
gasoline is concerned, it was one of the most important
factors of auto sales. He felt that the Zoning Law was
intended to prevent people from doing what they wished with
their property, and when it was adopted, people understood
they were voting to protect the Town to that extend.
PIt by waving some magic wand, they were going to give the
Town something that it did not have, that would be one thing,
but the Town is already provided with the services that they
can give. When he want into the automobile business, he
purchased the garage, which was an existing buainess. He
represented his father, Mr. Felix Viano, and he felt that he
could state that his father has made considerable improvements
as a citizen of the Town of Lexington.
Mr. Pring of Vine Brook Road called attention to the
moderate class homes located on Vine Brook Road, parallel"!
with Mass. Avenue, in a single *Use residence district. Most of
the people who purchased these homes purchased them when the
price was high and it has cost them considerable to keep them
up and they feel that a business of this nature would have+an
,adverse effect upon the value of their property. He also
felt that it would be a hardship in having the storage of so
much gasoline inasmuch as the insurance rates would probably
be increased. _'He'-rw en 'd o register objection In the name
of his wife, owner of t property.
Mr. Thatcher Jenney stated that he owned the property
immediately adjacent to the Valentine property, and as he
understood the plans, it would be impossible to put a pump
within twelve feet of his bedroom window and he did not think
it would affect his aesthetic taste but it would affect his
sleep at night. When he bought the property, he understood
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that it was going to be residential. He wanted to register
objection the name of Phyllis M. 'enney, owner of the
property.
Mr. 0/Connell inquired if the pumps were located 200
feet away from his house if he would object, and he stated
that he thought he would object.
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Mr. Hurley stated that he lived on Vine Brook Road and
he understood that the parties proposed to buy the whole
Valentine property. He did not understand that the whole
property was in the business district and he wondered if the
permit was granted whether or not an extension would be
made at a later date of a garage on the premises and from
that there would be considerable rubbish. He desired to
register his objection. If the rear of the land was reserved
for residential purposes, it would not be so objectionable
to him.
Mr. Northrup stated that it was intention of the
petitioner to leave the back of the lot for residential
purposes and the station would be erected on Mass. Avenue.
Mr. Nilson registered objection for his wife who owns
the property at 19 Vine Brook Road. He felt that the placing
of another gasoline station would have a bad effect on his
property inasmuch as a gasoline station has high-powered
lights, and the existing gasoline station now troubles him
in this manner and if another station were put in it would
make it like daylight . Mr. Nilson stated that the
appearance of the Town should be thought of and he never
saw a gasoline station that improved the looks of property.
Mr. Fred N. Viano called to mind when his father
purchased the property next to the Valentine property where
the garage is located, that Dr. Valentine objected very
strenuously to the property being used for a garage. He
felt that it would seem to make a difference whose foot
the shoe was on. Now Dr. Valentine desires to go out of
Town and sell his property out for a filling station. He
felt that if the Board was going to allow stations to
come in anywhere all over the Town that people would not watt
to come to live in the Town.
The hearing was declared closed.
The Board discussed the matter and voted to deny the
permit.
The Board requested the Chairman to write to Russell
Health I. Prentiss owing to the fact that he has been away from Town
Inspector. for some time and has not made any reports on matters that
have been turned over to him for his attention.
Mr. Custance called attention to the fact that fireworks
are put off prior to the 17th of June and he felt that this
being a residential Town, there should be something donev about
Sale of the sale of fireworks prior to the 17th of June. He felt that
Fireworks. the setting off of firecrackers are an annoyance to the
residents of the Town.
The Board felt that even though sales in this Town are
shut off, there would be nothing to stop people from buying
them out of Town and bringing them in and setting them. off.
On the whole, it proved to be a very quiet 4th of July and
they did not feel that any action should be taken.
Wheeler, Letter was received from Harvey C. Wheeler in which he
re water enclosed a check of M. as his share of payment on the
& spring extension of water in North Street.
water He also asked what would have to be done to continue
business. the Algonquin Spring Water business.
The Better was referred to Mr. Custance to find out to
what extent he intended to increase the water b#siness.
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Mr. Custance stated that Mr. Modoona asked that his son Employ
be given work inasmuch as he was -unable with $15. to support ment.
his family.
The meeting adjourned at 11 •0Hlock P.M.
A true record, Attest:
Clerk.
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