HomeMy WebLinkAbout1933-01-10SELECTMEN'S MEETING
' JANUARY 10, 1933.
A regular meeting of the Selectmen was held in the
Selectments Room, Town Office Building, at 7:30 P.M. Messrs.
Trask, Custance, Gilcreast, Ferguson and O'Connell were
present. The Supt. of Public Works and the Clerk were also
present.
Hearing was declared pen on the application of Theodore
A. Custance for permission to maintain a two car garage of
wooden construction on lot at the corner of Reed Street and
proposed way.
No persons appeared to object.
Mr. Custance presented the plans showing the location
of the garage which was to be under the house, and it was
voted to grant the permit.
Comitment of sewer rental charges for the second section
in the amount of $1574.98 was signed by the Board.
Commitment of water charges in the second section in
the amount of $7504.92 was also signed by the Board.
Letter was received from the State Forester in which
' he approved the appointment of Osborne J. Gorman as Supt.
of the Moth Department for the year 1933.
It was decided to notify Mr. Gorman that he was
appointed as Moth Supt. for the year 1933.
Application for an overhanging sign was receited from
the Colonial Garage, Inc., sign to be located at Mass. Ave.
number 1668.
Mr. Viano, in a letter to the Selectmen, explained
that it might not be necessary to have this sign overhanging
the sidewalk, but they desired the permit so that if it were
necessary to place the sign there, they would have permission
to overhang the sidewalk.
Mr. Gilcreast stated that there were a great many signs
in front of the Viano property and he felt they should not
be given permission to put up any more.
The matter was therefore left with the Chairman to
communicate with Mr. Viano.
Application was received from Edward L. Child to
place a "Daisy Doughnut" sign at 1775 Mass. Avenue, the
O'Connell block. It was voted to grant this permit
provided the necessary insurance is filed.
Town Counsel explained in connection with the billboard
' on Mass. Avenue that he was in communication with the State
Dept. of Public Works, and the sign has not as yet been
constructed. He found that the billboard burliness had
formerly been in the name of John Donnelly and Sons,,,and
Mrs. Mary Donnelly was now operating the business although
she had never filed a business certificate.
12"7
Custance
garage
Commit-
ments.
Moth
Supt.
Viano
Overhang-
ing Sign.
Child
Overhang-
ing Sign.
Bil]b oars
128
c�
The question as to whether or not this technicality could
be brought in and made available to violate the permit was
'
a question in his mind. He also explained that the original
application was in error in that it described the location
of the billboard at Minot and Washington Streets, Lexington,
and there are no such streets. Apparently the Dept. of
Public Works allowed someone to make a change and correct
Donnelly
this original description and they granted the permitp and
billboard.
nother further happened until they sent notice of the
renewal of the permit in 1932 and the Selectmen sent notice
that they opposed the granting of the permit at that time.
They now state that the Selectmen should have asked for a
hearing, but they decline to grant any hearings now and say
nothing can be done until the license is again renewed.
He question as to how far the Board desired to go and stated
that in 1930 when the Town threatened to bring action before
the Legislature relative to billboards, the Great Outdoor
Advertising Co. were not anxious that anything be done at
that time. Mr. O'Connell brought up the fact that because
of the injunction, it might be possible that John Donnelly
and Sons might claim a loss.
After considering the matter, it was voted that the
Town Counsel take such action as he deems wise for the best
interest of the Town in the case.
The Town Counsel presented a bill of complaint drawn
for the Board to sign if they desired to bring suit againtt
Mary J. Donnelly, Exec trix and or Trustee under the will
'
of Edward C. Donnelly, late of Boston, doing business under
the name of John Donnelly & Sons, and asked that the Board
redd the bill carefully if they decided to bring action
against this party and Edward J. Gavin for maintaining a
billboard on the property of said Gavin.
Mr. O'Connell presented a proposition to changd over
the second story of his building at 1775 Mass. Avenue so
that there will be an apartment there.
The question was brought before the Town Counsel and
the Building Inspector stated that he had formerly reoekved
an opinion from the Town Counsel in regard to whether or not
a store could have an apartment over it. Under a similar
situation, George Smith applied for permission to have a
public hall over his paper store and the question arose not
as to whether he had a right to have an apartment, but
OtConnell
whether if he had a public hall, the building would be
apartment*
strong enough. The Building Inspector called attention
to the fact that the Board agreed on the application of
Richard Whittemore that he should be allowed to have an
apartment over a store. The Clerk called attention to the
fact that the matter that was ruled upon was whether or not
the apartment would be considered a detached building. The
Tdwn Counsel did not recall his opinion in regard to the
'
matter but stated he would look it up.
It was decided to refer the plan to Mr. Ferguson for
his opinion as to the strength and construction.
129
It was voted to approve the budget of the Town Counsel Town
for $3000 inasmuch as the Town Counsel std; ed that all but Counsel
$300. of the 1932 appropriation was spent. Bedget
The reports of the following departments were approved
by the Board: Reports
Slaughtering Inspector, Police Department, Building
Inspector, Wire Inspector and Plumbing Inspector.
It was voted to approve the budger of the Wire Inspector Wire
in the amount of $810.00. Inspector
Letter was received from the Massachusetts Tree Warden's
and Foresters' Association in which they requested the
attendance of the Tree Warden and Moth Superintendent at a
meeting on January 19, 1933 at the Hotel Statler, Boston.
The Board decided that Mr. Gorman should be requested
to attend this meeting without any expense to himself.
It was voted to abate the bill of $376.16 against the
Commonwealth inasmuch as the Town of Arlington has paid the
bill for the care of the Arthur Silva family.
Permit was granted to J. L. Douglas of the Master
Service Station for a Class I Agent's License.
' The Chairman reported having received a letter from
the Emergency Planning and Research Bureau, Inc. in which
Mr. Pierce, the Executive Director stated that he talked
with Mr. Hayward and apparently Mr. Hayward misunderstood
about the work with the town. He requested him to
communicate with the Town Engineer but as yet no one has
heard from him.
Letter was received from Miss Katharine Harrington
in reference to removing poles at the corner of Clarke Street
near her home. She presented picture showing the number
of poles at that corner and made suggestion that the
fountain be lighted by underground lighting, and that the
telephone and electric wires be carried back on to the pole
on Clarke Street.
The Supt. of Public 'ddorks was requested to see what
could be done to remedy the situation.
Mr. Cust ance called attention to the fact that the Town
Counsel should be preparing a bill to present to the
Legislature so that the sewer syst=•m of the town can be
enlarged. He was requested to work on the preparation of
the bill and he and Mr. Cotton were to come before the
Board next Tuesday in regard to the matter.
'
Mr.
Ferguson called attention to
the f et that Mr.
Moodoono
was taken off the job on Follen
Road and there was
no one to
supervise the'men. He felt
that he should be
allowed
to finish the job before being
taken off. Mr.
Scamman
stated that he had been taken
off to build catch
basins.
130
c�
Mr. Scamman was requested to bring in more complete ;
figures on the cost of building Pollen Road wall,.
Hearing was declared open on the application of William
L. Burrill, 127 Bedford Street for permission to ma;ntain a
service garagd and have a gasoline station of 4000 gallon
capacity and one thousand gallon tank for range oil.
The Chairman read the notied of the hearing.
The hearing was also joint with the Board of Appeals and
the Clerk of the Board of Appeals read the notice of the Board
of Appeals hearing.
Mr. Burrill presented the plans showing the location of
the building on the lot and the intended layout of the
property. He explained that the proposed garage would be
18 x 25 and that the building was simply to change the
tires and in no sense a repair shop as other repair shops
are located around the Town. He would have a 32 foot
driveway and intended to have the pumps about fifteen febt
back of the street line. The property was zoned for business
150 feet from the railroad trahks and his own house and Mr.
Dodge's house were the nearest ones to the location. He
proposed to have the two men who formerly operated the Standard
Burrill
Oil Co. station in North Lexington operate this station.
hearing,
Mr. Francis B. Culbertson of 82 Harding Road stated
filling
that he was in favor of this permit being granted inasmuch
station.
as the service given at the Standard Oil Co. station by these
two men was -very good service and all the persons in that
location felt that way about it.
Mr. Roy Ferguson questioned as to whether or not all
the land was in the business zone and asked what the distance
was to the nearest residence from the location proposed
other than Mr. Dodge's and Mr. Burrill's houses. It was
stated that it would be about 450 feet to Jacob Bierenbrood-
spot's house. He also called attention to the fact that the
street which was unimproved had several lots upon it which
could be built upon located in the rear of the filling
station.
Mr. Charles McCormack of 35 No. Hancock Street stated
that if the filling station were located directly opposite
the coal yard that part of it would come in the residence
district. He stated further that he had no fault to find
with Mr. Dailey and Mr. Newcomb who had formerly been
employed by the Standard Oil Co. of N. Y., but his property
would look out upon the filling station and he felt that
the filling station would lower the value of the remaining
property, which is as yet undeveloped, that lies in the rear
of it. He also presented a letter from a neighbor, Wesley
J. Brigham, opposing the filling station.
Mr. McCormack was asked whether or not he would consider
a filling station more objectionable than any other business,
'
and he stated that he thought it would be.
The letter written by Wesley J. Brigham in which he
objected was read.
131
Mr. Eugene J. Viano called attention to the fact that
'
Mr. White's residence was nearer than one of the other
residences mentioned. Mr. George T. Fuller stated that
Mr. White was entirely ih favor of the filling station;
that he had no objection to it.
Mr. Albert W. Emmons of 7 Dexter Road stated that he
was strongly in favor of the filling station. He understood
that this was not to be a regular garage but a filling
station. Therefore there would not be a lot of old cars
stored around the place. He also understood that the men
who had been in charge of the Standard Oil Station, Mr.
Dailey and Mr. Newcomb, would be in charge and these two men
have given the best kind of service at the station they were
formerly employed at. He also stated that he spoke to
Mr. Alfred C. Mortimer who was also strongly in favor of
the petition.
Mr. Wilbur H. Abbott of 14 Harding Road stated that
he was stonrgly in favor of the petition; that the service
that had been given by these two men was par excellent and
better than any service that he had seen given in the Town
of Lexington.
Mr. Edward A. Mead of 15 No. Hancock Street stated that
he was strongly in favor of the filling station.
Mr. Norman Hooper stated that he was in favor. He
called attention also to the fact that this was a low area
of land which apparently has not brought the owner any
revenue and he should be allowed to do something with the
'
land and as long as Mr. Burrill and Mr. Dodge, who would be
closely located, would not be against the petition, he felt
that it should be granted. Me also called attention to the
excellent service of Mr. Dailey and Mr. Newcomb.
Mr. Dodge stated that he was in favor of the petition.
Mr. Roy Ferguson stated that he was in favor of it.
Mr. Baldrey of the Board of Appeals inquired whether or
not there was any other available space in this section for
a filling station. The business zone at the corner of
North Hancock Street was pointed out, but this was taken up
with business locations and there was no other place
available in that section.
Eugene J. Viano stated that he represented Mr. Felix
Viano who wishes to oppose the filling station. He called
attention to the fact that with the exception of Mr. Dodge
and Mr. Burrill, those who were in favor of the proposed
station lived a considerable distance away, and the house
in which his father lives -is within sight of the proposed
station, the location being 110 Bedford Street. He felt
that this btation would not tend t6wArd`bi proper development.
There is a filling station now within one -eight of a mile
away. He also felt that a company -operated station was
operated in a more efficient manner than any station operated
by a private person. He called attention to Maus, Avenue
where there are so many filling stations and felt that this
territory might be ruined in the same manner. He also
called attention to the fact that there was a school beyond
and a filling station would tend to be a detriment to
the school children. He stated also that he felt stores
would not be as objectionable as a filling station in this
location.
132
Mr, Fred Viano also objected to the filling station
saying that he lived within sight of the railroad station
'
and he had two small children who went to Parker School,
and there being no sidewalk on this side of the railroad
track, he felt that it was dangerous enough now for'the
children walking to school and he did not feel that the
danger should be increased by allowing the filling station.
The traffic tragels fast on that highway at the present
time,. and cutting in and out of the filling station would
be an added danger.
Mr. Joseph Kelley favored the filling station and-
ndstated
statedalso that there are two vacant stores in the block at
the corner of No. Hancock Street which have been vacant for
a long time and he believed that there were stores enoug#
in that section to take care of the territory for twenty-
five years to come and as far as the filling statiori being
detrimental to the neighborhood was concerned, he felt that
the condition behind some of the stores that were being
operated was more of a detriment.
Mr. Burrill left with the Board a petition signed by
a great number of persons in the vicinity of the filling
station maintaining that the permit should be granted.
The hearing adjourned at 8;45 P.M.
The Board proceeded with other business and later in
the evening Mr. Arthur Maddison appeared before the Board
and reported that as a result of the session of the Board
of Appeals in the conference Room, they voted not to grant
'
a permit for the filling station.
The Selectmen discussed the matter, and although not
making any decision, there seemed to be a difference of
opinion. The question also arose as to whether or riot
if the Selectmen decided to grant the permit and the Board
of Appeals decided not to, what the status of the permit
would be.
It was decided to get the opinion of the Town Counsel
on the matter.
Mr. O'Connell also agreed to get an opinion from
Choate, Hall & Stewart without any cost to the Town.
Supt. of Public Works presented figures from F. K.
Johnson and Calvin W. Childs on a dump truck as follows:
F:K.Johnson Calvin W. Childs
Hand -operated dump body 1;36.20 781.00
Dump Hydrauli8 dump body 892.40 859.00
Truck.
Mr. Custance stated that the hydraulic body saves a
great deal of time for a contractor, but Mr. Ferguson
felt that the Town might not need to save the time and it
was therefore decided to purchase the hand operated dump
body from Calvin W. Childs at his price of $781.00 '
Supt. of Public Works presented information in regard
' to the cost of a tractor that the McCormack -Deering Tractor
with a narrow tread suitable for sidewalk work, plow
equipped with Firestone Tires, wheel gage to be 46 inches and
plow either 46 or 48 inches, could be purchased for $1425.
delivered and $225..for the plow. He explained that the
machine, if purchased, could be charged to Highway and Snow
Removal Accounts as follows: Highway, $812.50; Snow Removal,
$937.50. The Board felt that figures should be otained on
a tractor with a boom. The Supt. was requested to get these
figures.
Mr. Scamman reported that the Nawn-Construction Co. had
some second-hand tractors that they would like to have the
Board view.
1
1
Mr. Gilcreast reported that he had been over to Needham
in regard to the street lights. They have 52 miles of Streets
in Needham and the voltage of the lights vary in size. They
had an engineer go over all of the streets and locate the
poles on the map. Then the engineer, with four other
citizens of the Town, went out at 9 o'clock at night and
remained out until 11 o►clock or 11:15, and viewed a number
of streets each night. They started this work in May and
completed it in November. The lights cannot be viewed
unless the foliage is on the trees inasmuch as the foliage
takes away from some of the lights. The Town then accepted
the report of the Committee and it was to go into effect
January 1st. It now costs $10. to make a change of a light
order having been given as of Jan. 1st the schedule of cost
was to go into effect as of that date. A£'first, in Needham,
they decided to turn the lights of at 11 otclock and they
rescinded this vote at Town Meeting and voted to have the
lights on all night and this is how the investigation first
started. In one night they could look over about 15 streets,
some nights more than that.
Mr. Gilcreast stated that he would talk with the Town
Engineer of Needham and report to the Board next week.
The Chairman reported in regard to the Committee to
study the Water distribution system and rdport on the
possibility of reducing the water rates, that he was unable
to get Mr. Thomas Lynah to serve on this Committee owing
to the fact that he is now working nights to keep up with
his work, and although he would be very glad to serve on
the Committee, he would be unable to give the Town any time
for some time to come.
Mr. Trask therefore decided to appoint Mr. Frank M.
Sheldon as a third member of this Committee.
Report was received from Stanley Higgins in regard
the cracks in the ceiling of the house of James Truran
the corner of Tower Street and Mass. Avenue.
Mr. Ferguson was requested to look at the property
make his report in regard to the matter,
to
at
and
Tractor
Street
Lights*
Committee
on
Water rates
Truran
house.
134 M
In regard to the application of Fred J. Walcott, 37
Walcott Rawson Avenue, it was decided not to give any assistance.
case. Mr. Mitchell was further requested to check up on the income
of his brother from the sign business he operates in
Arlington Heights.
In regard to the automobile of Mr. William Aquaro, the
agent reported that Mr. Aguaro's car was registered and he
Aquaro stated that Mr. Ellis, a customer in Belmont, registered the
car for him.
It was decided that Mr. Aquaro should be given one week
to get rid of the car. Mr. Mitchell was requested to report
to the Board next week in regard to the matter.
Mr. Leonard Meek and Mr. Philip Leaf came before the
Board relative to Mr. Meek's application for assistaned.
Mr. Meek explained that his wife was sickly and needed
medicine, also that he had to get clothes for his three
Leaf & children. He has had no regular work for one year or more.
Meek. He formerly worked for the American Oil Co., and this summer
helped his brother who works for the Boston Elevabed
and has had nothing for two months. Mr. Leaf explained that
his daughter and family have been halped by him practically
since they were married and while he did have some money
with which he could render them assistance, he did not have
now. He called at`ention to the cut in salary that he
received after the Town Meeting had been informed there '
would be not cuts in the salaries and he did not know why it
was done. He stated that he had two sons in his household
one of whom was not earning, also that his daughter did
not act as housekeeper for him as she, not being well, had
all she could do to care for hers&lf and children.
It was voted to allow two days a week to Leonard Meek.
In regard to the application of Charles R. Alger of
Lowell Street, Mr. Mitchell felt that the case would-be
either a Boston or State settlement. In view of the fact that
he did not take the matter up last week he gave him three
Alger
days pending the decision of the Board. He has wife and
four children. Mother contributes $4. each week and cannot
held as her money is in the Somerville Bank that is closed.
The Trimount Cooperative Bank agreed to suspend the dues
=#king the pant $19.41 per month. It was decided to
give the man �12. each week. y
Walsh
It wasdecided not to give any work to Bernard Walsh.
In regard to the Caywood Greening family, Mr. Schofield
Greening
gave them notice to vacate inasmuch as they were three months
back in the rent. The rent was $35, per month, but it was
given to him for $25. They have five children and it
is a Cambridge case. They are being aided to food.
It was suggested that no rent be paid and they should
move back to Cambridge.
In regard to the application of Joseph Iovino, Mr,
Wm. I. Burnham gave a statement that he had paid Mr..Iovino
$337.20 for the work at his place this summer where he worked
up to November. Mr. Iovino ptarchased this place in May
this year. Mr. Burnham also stated that both Mr. Iovino and
his wife worked for a number of years, hardly a week receiving
less that 130 - $40.
Mr. Mitchell has not as yet made personal investigation
and it was decided to lay the matter on the table at preaent.
135
Iovino
In regard to the Carter family living in Mr. O'Dowdts
house on Sunnyknoll Avenue, rent $25. per month, the persons
had notice to vacate. Carter
Mr. Mitchell was requested to bring in his recommendation
in regard to this case next week.
In regard to the application of Thomas Dean, who lives
on Cliffe Avenue, brother-in-law of Alexius Smith, his wife
has one child by first marriage. Mr. Mitchell is to aid if
necessary, but to get further information in regard to the
case.
In regard to Samuel Battaglia who lives in the Miskell
house on Concord Avenue, the man was brought here by Mr.
Miskell and was supposed to raise vegetables for him. He
got no money, however, from Mr. Miskell and while he has
' some food, he was unable to pay the rent and Mr. Miskell
has given him an order to get out. The Board felt that the
man should be encouraged to move back to Watertown and
possibly Mr. Miskell would be willing to move him back with
one of his t'uck's.
Mrs. George Ingram applied for aid and she had been
notified by the hospital that her husband probably would be
taken home soon, but he was not expected to live. While
working, he received $37.65 per week, rented a house from
Charles Manley, who states that he would be willing to have
them move out of the house. They now owe rent. The daughter
works at Friendts only on Saturdays. The rent if $25, a
month. The Agent stated that the schedule for food amounted
to $8, per week. He was authorized to aid the family, but
was also requested to find out whether or not the man owned
any shares in the Co-operative Bank.
Application was received from Henry Fisher who worked
for the George W. Ellis Construction Co. He worked four
days a month in the last three months. Mr. OtConnell
stated that Mr. Fisher's wife received $3500, last summer for
an accident she was in. They also own a car, and he mentioned
property at 207 Summer Street, Arlington, which was sold
by them, and for which $5500. was paid.
Mr. Mitchell was requested to check up this matter.
Dean
Battaglia
Ingram
Fisher.
136
Mr. Kitchell reported Soldiers Relief application
received from August Johnson of Arlington. He had been
aided in Lexington in 1928 and 1929. He was formerly
Johnson employed by the Economy Grocery Stores and the Agent was
requested to see Mr. Charles Parker of Cary Street to see
if the man could be placed again at work. He was authorized
to aid Again in the meantime if necessary.
In regard to the application of Alexander Petit residing
Petit at NJ Vine Street, Mr. Mitchell was requested to find out
why- a man living alone needed a whole house.
Further information was requested on the application of
MacDougall Mr. MacDougall who formerly worked for the Davis Ice Co.
He pays $23, per month rent to Mr. Mercadante; has lived in
Lexington about two years; was aided in Boston in the winter
of 1931.
The Chairman signed a Bill in Equity against Mary J.
Donnelly Donnelly, Executrix and or Trustee under the will of Edward
billboard C. Donnelly, late of Boston.
The meeting adjourned at 11:45 P.M.
A true record, Attest:
Clerk.
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