HomeMy WebLinkAbout1933-02-14SELECTMEN'S MEETING
' PEBRUARY 14, 1933
169
Sewer,
Vine
Brook
A regular meeting of the Board of Selectmen was held
at the Selectmen's Office, Town Office Building, on February
14, 1933 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.
The Town Engineer and Supt. of Water and Sewer Dept*
came betgre the Board. Mr. Ross explained that the Bedford
Street and Shirley Street sewer job cost considerably more
than expected. He presented figures showing the estimated
cost of the work on Sargent, Shirley and Tewksbury Street
and stated that to do this work and also to make the sewer
connection to the house of Mr. T. A. Custance there should
be at least $15,000 available, if the work is to be done
by hand. labor. If a machine could be put in,there.would be
some saving. Mr. Ross also felt that a water main should
be put in Tewksbury Street while the sewer work is being done.
In reference to the work of installing the trunk line
surer in Mass. Avenue from the Arlington line, Mr. Ross
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stated that if this work was done he felt he could lower
the meter maintenance appropriation $1000, inasmuch as this
installation would lower the water pressure on the sewer.
The Board agreed that he should explain this matter
to the Appropriation Committee.
Letter of the Town Counsel in reference to making a
taking of land for Vine Brook Drainage was read by the Chair-
man. The matter was also discussed by the Town Counsel.
Counsel advised that under authority of Chapter 263 of the
Acts of 1926, which has been accepted by the Town, the Board
would have the right without making a taking to make survdys
or tests or to clear the stream of obstructions without a
prior taking. After the Town Counsel retired the Board
again discusses the matter of whether or not they would
undertake any part of the Vine Brook project, and Voted to
unr%rtake &hp imptovement of that part of the Vine Brook
gest of.East Street to the Burlington line under the
Special Act, Chapter 263 of the Acts of 1926.
Mr. Custance suggested a lay out along the upper part
of the brook of road ways with trees and cross walks across
the brook. He felt that while the material is being taken
from the brook it could be spread for fill and improve the
whole area. He also suggested ditches might be built so
that the drainage would run off the land.
After discussing the matter it was voted to authorize
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Mr. Custance as the Board's representative, regardless of
his status with the town, to take up with the Planning Board
the development of the Vine Brook area between East Street
and Hayes Lane, and to bring in the study of that section
to the Board of Selectmen.
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Sewer,
Vine
Brook
170
Peddlers Peddlers License was signed for Daniel K. McLean of
License. Concord Avenue.
The application of the Stanley Hill Post for the use
Cary of Cary Memorial Hall on February 22, 1933 for a dance and
Hall. Moving Pictures was approved. The use for this occasion
is free of charge.
Mr. Ross reported that he communicated with Mr, ft a olm
relative to his desire to have a sewer in Eustis Street, and
Mr. Trnholm stated that he would inform Mr. Ross if he
decided he desired to have a sewer.
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The Board discussed with the Town Counsel the matter
of whether or not they should allow any damages on the
Cain property on Pollen Road,
The Town Engineer felt that there was no need of a 60
foot layout on Pollen Road; therefore, when the wall was
constructed along this street, it was laid so that the
'Cain
street would be a 50 foot width. When the Town got down as
property
far as the Cain property, Mr. Cain objected and stated that
on Pollen
he had been advised that he was entitled to damages. If
Road.
the Town out down the bank his place would set up on the
hill. However, the grades of the street were there
prior to when he built, and the Town is now even giving him
extra land by not building to the 60 foot layout. He was
entitled to get the grades of the street at the Town. Office
Building and if he did not, he could not consider that he
was entitled to damages.
Town Counsel advised that he did not believe he was
entitled to damages.
In regard to the abandonment of the 60 foot layout,
the Town Counsel advised that a ten foot strip be abandoned
Pollen
in the same manner as a layout except that the notice -of y,
Road
intention would call for alteration of the layout.
The Town 'Engineer stated that he would have to make
considerable study of the entire layout and it was therefore
decided not to take any action to abandon any part of the
highway at this time.
The Board signed notice of intention to lay out Grant
Grant
Street from Near Hayes Lane a distance of 450 feet.
Street
The Board voted to make a Board of Survey lay out of
Grant Street from near Hayes Lane to East Street,
Moth.
The applications for the position of Moth Supt. and
Supt. and
Tree Warden were again laid on the table.
Tree Warden.
Now application was received from Mr. Henry J. Nutt,
Ridge Road.
Water
Commitment of Water Guaranty charges for 1932 in the
Guarantys
amount of $361.2.04 was signed by the Board.
Notice was redeived from James J. Carroll, Chrm. of
Cary Hall.
the Music Committee of the _Community Recreation Aswoeiation
stating that he would not use Cary Memorial Hall on Sunday,
February 19th.
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It was voted to install a street light in Oakmount Street
Circle, the layout of this street having been made prior light,
to the acceptance by the Town of the Board of Survey Act,
The Health Regulations were again laid upon the table. Health
The Board signed the Warrant for the Annual Town Meeting,
same to be revised by removing some of the articles that Warrant
were already in and inserting any articles that were expected
to be received in the immediate future.
The Appropriation Committee came before the Board and Budget
discussed matters pertaining to the budget of 1933.
Mr. Custance brought up the matter of compensation
insurance and stated that there were several Towns that
carried their own insurance. He felt that this was some-
thing that should be looked into and the Town might carry Insur«
its own insurance, ante
The Chairman of the Appropriation Corpmittee expressed
the thought that the Town should not take any changes in
endeavoring to provide their own compensation insurance
inasmuch as the Insurance Companies were losing a great deal
of money on these kind of cases.
The Board decided to lay the matter on the table
to be taken up at a later date.
The Town Engineer was requested to explain the project
that he had in mind of the layout of,a street that would
take some of the traffic off Pleasant Street. The proposed
street would eli*inate the junction of Follen Road, Pleasant New
Street and Mass. Avenue by coming across from near Watertown Proposed
Street to Mass. Avenue through the Wilson Farm property and Street
other properties in that vicinity and come out on bass..
4W Avenuq near the Aldreman property, thence across the meadow
to make a connection with the proposed street to come in
from Winchester.
Owing to the fact that this proposition was proposed,
it was decided not to take any action on a request for an
appropriation for the construction of Pleasant Street under
Chapter 90.
The Chairman reported that he had a room fixed up in
the Cary Memorial Building for the Public Health Association
for the storage of clothing for the Welfare Dept, He Clothing
stated that an accounting of this appeared in the local room for
paper this week. Public
The Board voted to ratify the action of the Chairman Health
in making arrangements for the Public Health Association Associatim
to use a room in the basement of the building so that the
clothing may be distributed from that point.
When the Appropriation Committee came before the Board
they stated that the tax rate would be increased if the
appropriations remained as presented to them. They
therefore felt that it was necessary to make some cuts in
172
Hearing was declared open on the petition of Leonard
K, Dunham and others in which it was stated that the follow-
ing persons requested that the pigs being kept by Cheater
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the appropriations. The Chairman therefore decided to
Matilda Wheeler, George L. Rice, Lottie M. Rice, Howard
go through the list to see what appropriations couYA be cut.
M. Munroe, Irving Currier, Albert E. Olsen, Marion C.
The Chairman stated that the Appropriation Committee
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refused to allow the purchase of an additional oar for the
The Town Counsel and Matthew Stevenson, Health
Police Dept. Therefore the Police Dept, budget will be
Inspector, were present at the hearing.
out accordingly.
The Chairman stated that the purpose of the hearing
In regard to the Assessors Dept., it was decided to
was to bring out the facts of the case on both sides and
Budgets. take of the $459 recently approved and make an appropriation
stated that he was ready to hear those in favor of the
of $6000. In the Moth Dept, it was decided to ask for
petition.
$25001 Sha+dd Trees, $500; Forest Fires, $700; Sewer
Mr. George L. Rice of 129 Woburn Street stated that he
Maintenance, $58,000; Highway Maintenance, $45,000;
lived west of the piggery and that any time the wind is in
Street Signs, $150; Sidewalks $1200; Street Lights,
the East that they get a very strong offensive odor from the
121.,500; Old Age Assistance, 10,00; Parks and Playgrounds
piggery. When they have company the odors are very object-
10 000. It was also decided to out out the appropriation
ionable. When asked whether this was anything that happened
of 1250. for Fire Alarm Boxes.
recently, he stated that he has lived there only three years
The Selectmen were to meet with the Appropriation
Committee again for a final meeting on Thursday evening
next.
The attention of the Board was brought to the fact
that it was understood that one of the Police Officers was
intoxicated and abused his wife to the extent that other
Police members of the Police force had to call at his house, and
Officer it was felt that if this were true, the officer should be
reprimanded and it was therefore felt that the Chief of
Police should make a report to the Board in regard to the I matter giving in detail the other records of infractions
of this same officer.
Hearing was declared open on the petition of Leonard
K, Dunham and others in which it was stated that the follow-
ing persons requested that the pigs being kept by Cheater
A. -Fogg or others be removed at an early date: Peter
Simonian, E. W. VanDeusen, Sarah C. VanDeusen, L. C. Wheeler,
Matilda Wheeler, George L. Rice, Lottie M. Rice, Howard
M. Munroe, Irving Currier, Albert E. Olsen, Marion C.
Olsen, Christina M. Miller, Adolph Labes.
The Town Counsel and Matthew Stevenson, Health
Inspector, were present at the hearing.
The Chairman stated that the purpose of the hearing
Fogg
was to bring out the facts of the case on both sides and
Piggery
stated that he was ready to hear those in favor of the
Hearing.
petition.
Mr. George L. Rice of 129 Woburn Street stated that he
lived west of the piggery and that any time the wind is in
the East that they get a very strong offensive odor from the
piggery. When they have company the odors are very object-
ionable. When asked whether this was anything that happened
recently, he stated that he has lived there only three years
and it is impossible in the summer time. He lives about
300 yards from the piggery. When asked whether or not he
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notice the odor all the summers that he lived there he
stated that he did not know about the piggery and he did
not know just where it was coming from. He-�felt sure it
did come from the piggery and he did not know of any other
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piggery in that direction. His house was located just
about 300 yards west from the piggery and his place was
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formerly the Ludden place.
Mr. Leonard K. Dunham stated that the small from the
piggery was bad and the squealing bothered him at night;
that the piggery was 300 to 500 feet from his place. He
stated that Mr. Fogg formerly had piggs on the Currier place
and now he has a permit for 500 pigs on a four acre plena of
property. He did not know how many pigs he had there,'but
he did know that he enlarged his place. A few years ago,
he went over to the Munroe place. He stated that there
was a smell coming from the premises tonight and if the
Board did not believe it he would take them down in a taxi
to prove it. Mr. Dunham felt quite definitely that the
odor came from this piggery.
Mrs. Olsen wanted to know if there was any law that a
person could keep pigs under the Zoning Law.
The Chairman explained that Mr. Fogg had a permit to
keep pigs and under the Zoning Law he was entitled to do
farming in a residence district and unless the regulations
were not complied with he could keep pigs according to his
permit. Previous to this time there had been no complaints.
Mrs. Olsen stated that she had stood this condition for
ten years and that they had noticed it all of that time, but
they lived there and paid their taxes and they did not see
why they should have to stand for it. In the summer time
they get the odor outside the house and also have it inside
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the house. She was located next to Mr. Dunham's house and
although she was no judge of distances, it might be 1000
feet. - She could see his pigs from her house.
The Chairman called attention to the fact that no one
stated anything about any of the conditions except that they'
smelled from the piggery.
Mr. Cheater A. Fogg stated that he would like to ask
about the manure pile of Mr. Buss's that had been put near
Mrs. Olsen's place. He also stated that his piggery was
1500 feet from the highway, and the manure pile which he
just mentioned is what they are blaming him for.
Mr. Dunham stated that the manure pile was covered up
with snow.
Mr. Francis Burke, acting as Attorney for Mr. Fogg,
presented a petition signed by Alexander Porter, J. Herzog,
Patrick H. McDonnell, John E. Kelley, Robert Porter, Domonic
Modoono, and Mrs. J. R. McLaughlin stating that they had no
complaints of odors. He also called attention to the fact
that there was some manure in that vicinity and he also
called attention to the fact that he was informed that back
of Mr. Fogg's piggery there were at least 1500 pigs -kept
on Ryder's Farm. Mr. Fogg's permit is for 200 pigs and he
now on his premises 130 pigs.
.has
The Health Inspector stated that he had no particular
complaint to make. He was visiting several of the piggeries
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including the Fogg place. He felt that the people must have
some justification in coming here to make a complaint, but
whether the odor was coming from the Fogg piggery, he was
not sure. He stated that he talked with Mr. Fogg in regard
174
Fogg
Piggery
Hearing.
to fixing up his premises to comply with the Health Reg-
ulations and that he has already done some of the work of
complying with the regulations and is still working on it
and he seemed to be willing in every instance to comply.
He stated that he also found other piggeries in town 4&ich
did not comply with the Regulations, but he had requested
them to carry out the Regulations and they had agreed to do
so, and he would see that they did do so.
Mr. John Lamont stated that he wished to make the
statement that there were not 1500 pigs kept on the Ryder
property, that by actual count there were 425 pigs there
today.
Mr. Dunham said that he was sorry he had made a
mistake about the number of pigs allowed to be kept on the
permit of Mr. Fogg,
The Chairman inquired whether or not any one,else
ddeired to speak relative to the petition and no one appeared
to wish to speak.
Mr. Stevenson stated that he visited this property a
very short time ago as Health Inspector, and he found some
things .that did not comply with the lady and he 4sked that
these things be remedied. Then he visited the place on
the 7th of February and he found that most of the things
were remedied on his recommendation. Mr. Fogg is now
putting in cement floors in the piggery. His feeding places
were cleaned off and he did not detect any odor until he
got down to the piggery. In regard to the manure which
was heaped up on the other side of the street, the man who
was putting the manure there agreed to comply with the law
and he covered it with lime. After that he could not
detect any odor from that. A day or so later, the man
tried to pile some manure out on the land and he had about
four or five piles which were not covered. He went down
there again after he received compaAint and spoke to the
man about it and he complied with the law then and covered
it over with lime. He went down again a day or so after-
ward and the piles were all covered over. He told the lady
who made the complaint to call him again if they had any
further trouble and he had not heard from her 'since, in
regard to Mr. Fogg's piggery, he felt it was as clean as
any of the piggeries are today and that anything he was asked
to do he was willing to do. He could not detect anything
very bad about the piggery.
Mr. Dunham asked Mr. Stevenson what the condition was
of the pigs that he found on the Munroe land and Mr. Stevenson
stated that the conditions were such as pigs might be found
at this time of year and the same as other piggeries that
he visited at this time.
Mr. Dunham wanted to know what kind of houses they
were kept in on the Munroe property and what they were fed.
Mr. Stevenson said that he could not say anything about the
shacks but they were bding fed on swill that came from
Cambridge and there was nothing very bad about that. He
felt that this time of the year is very detrimental to the
hogs but he thought that Mr. Fogg was willing to do every-
thing to remedy the conditions. fir. Stevenson did not know
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' that there were pigs on the Munroe property until Mr. Dunham
told him they were there.
Mr. James M. Etter of Woburn Street stated that he has
lived there for pretty nearly five years and there had not
been a summer since he lived there that they did not get
odors from the Fogg and Ryder piggeries. He asked the
question whether or not he could sell his property if anyone
came and smelled that odor while they were looking at the
property.
The hearing was declared closed.
The Board decided to talle the matter under advisement
and to lay the matter on the table for two weeks. In the
meantime, members of the Board would view the premises.
1w,regard to the application of Gilbert Harris of
7 Pearl Street, Mr. Mitchell reported having visited his
home.of two rooms and consulted with Dr. Wells in regard to
the conditions and was informed that the house was in a
deplorable condition on Account of the water having been
shut off. The Distfict Nurse has in the past, rendered aid
In the form of groceries to this family. The man is -purchasing
the house at the rate of $10* per month. He has a car which
is not registered.
It was voted to allow him three days assistance.
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Harris
case
Application was received from Clarence W. Burgess. The
man is a soldier. The food budget for his family amounts
to $7, a week and Mr. Mitchell reeorEmended that he have four
Burgess
days a week. The man applied for"Soldiers Relief. He lives
in a house owned by Francis Burke's wife.
It was decided to give him four days Unemployment Relief.
Peter Palermo of Cliffe Avenue asked that action be taken
on his application. No action was taken.
Palermo
In regard to the application of Frank Winn of Bedford
Street, Mr. Mitchell reported that Mrs. Winn drew out $364
Winn
from the Lexington Trust Co. on February 6, 1932 and when he
was asked about what happened to the money, he could give no
accounting.
In regard to Walter Aylward, Mr. Mitchell bonsulted
with his uncle and he stated that he was doing all that he
Aylward
could possibly do for the family and that he was willing to
have some aid granted to his nephew.
It was therefore decided to allow him two days.
In regard to the Fisher family, the son-in-law made
arrangements to move out of the house and Mr. Fisher has not
Fisher
yet secured a house.
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It was decided to give Mr. Fisher three days, however,
in the meantime.
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Application iras received from William J. Hall for '
Soldiers Relief. The man lives at 273 Lowell-Street*The
Hall house is mortgaged for f5400, and he pays $35. a month to,"
case. the Bank. He receives' 18. a month veteran's compensation
for disability.
The Board requested further information in regard to
the case but authorized allowance for food if necessary-'
in the meantime. -
In regard to the application of Donato Pierro who
again applied for further assistance, the Agent reported
Pierro that the income from his daughters was less now than '
previously and the man is not getting three days, and the
food amounts to $16.73 a week. The bank has suspended
the dues on the house and he receives about $7, a week
from his children.
It was voted therefore to allow him one more day.
In regard to Amos D. Glawson of Rangeway Street, the
Lexington Co-operative Bank has a mortgage for $2800. on
Glawson the house upon which the man is paying $15, a month.
The taxes for 1932 were not paid. His daughter has been
laid off from work and he needs assistance.
It was voted to allow him three days.
Application was received from Warren S. Grant,
Farmerest Avenue. The man has a wife and a child eight
Grant
years old in his family. He works at the Jefferson Union
on Saturdays and Sundays and gets $6* a week. He has a
home mortgaged for $3000, and owes the whole year 1932 on
interest.
It was decided to give him two days a week.
Application was received from John F. Heaney of 47
Chase Avenue. He has equity in two houses. He has three
Heaney
children in the family.
Mr. Mitchell requested that he apply to the banks for
a reduction of the amount of the payments owing to eircum-
dtanoes. This ease was referred back to Mr. Mitchell.
Mr. Aquaro surrendered his automobile plates on Feb.
Aquaro
9th and he returned to work. He owes a water bill of $27.
It was decided to give him four days.
In regard to Walter Allen of Bedford Street, Mr.
Mitchell reported that Mr. Ryder still owes the man some
Allen
money. Mrs. Allen's Son works at the First National Stores
and gets between $4. and $5, per week. With this money,
he takes care of himself. There is one girl, 16, a boy
12 and the boy 19 works in the store. The food budget
for the family amounts to,$ll, per week.
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It was decided to give him three days.
It was decided to allow Salvatore Corselli three days.
Corselli
He has a wife and himself, and $4, a week rent to pay.
' Richard Barry applied for unemployment relief, but
It was decided not to give him any inasmuch as his wife
is employed as a court stenographer.
In regard to Tony Waters, the man was sent to the
Peter Bent Brigham Hospital by Dr. Harrington for x-rays,
There is a mortgage of $2000, in the Lexington Savings
Bank on the home. The man being unable to work, it was
decided to give four days to the son.
In regard to William B. McLean of Valleyfield Street,
Mr. Mitchell reported that his car has not been registered
this year.
The meeting adjourned at 1 o'clock A.M.
A true record, Attest:
Clerk,
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Barry
Waters
McLean