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HomeMy WebLinkAbout1935-06-18I. fl SELECTMEN'S MEETING JUKE 18, 1935. A regular meeting of'the Board of Selectmen was held in the Selectmen's Room, Town Offices, Lexington. Messrs. Ferguson, Gilcreast, Lyons, and potter were present. The Clerk was also present. Mr. and Mrs. Theodore Sheffres appeared before the Board with reference to their application for a junk license, which the Board had refused last week. Mr. Sheffres stated that he thought that he was entitled to a license inasmuch as he paid real estate and poll taxes here and was a resident of the Town. He said that he had had a few things left in his cellar, and was getting rid of them when the Police Department arrested him for doing business in a residential district, and for not having a license. He went to Concord Court where his case was placed on file. He has not sold arty junk since his arrest. He intended to get a truck belonging to someone else and have another person drive the truck. The Board told Mr. Sheffres that the matter would be taken under advisement. The Board voted to advise Mr. Sheffres that the license could not be granted as he was not properly equipped and was not situated in a proper location to carry on a junk business. Hearing was declared open at 7:45 P.M. upon the application of the Edison Electric Ill. Co. to erect and maintain one (1) pole with necessary fixtures and wires thereon on Watertown Street, approximately 60 feet north of the Cambridge -Concord Highway; and to erect and maintain seven (7) poles, with necessary fixtures and wires on the Cambridge -Concord Highway, westerly from Wellington Lane. No persons appeared in opposition to the matters, and it was voted to approve the applications. 515 Sheffres on junk license. Hearing, pole locations. Norman Pero, his daughter, a Mrs. Glasby, and her land- lady, a Mrs. Madden, appeared before the Board with reference to obtaining welfare aid for Mr. Pero. Mrs. Glasby stated that she was taking care of her brother, that she had three children of her own, and that she was Pero,Aft- unable to take care of her father. She said that she had had experience with her step -mother, Mrs. Pero, and knew that conditions were very bad at her house; that Mrs. Pero would not cook the proper food for her father nor take the proper care of him. The Town Physician had informed her that her father was unable to work, and he did not recommend his living with the present Mrs. Pero. Mrs. Glasby thought it'more a matter of public health than of welfare, and as her father had been a resident of Lexington for a great number of years, that the Town should 516 Board of Survey hear- ing on layout of Summit Rd. take care of him. She stated that when Mr. D. J. O'Connell was a member of the Board he told her that there was no reason why her father did not get aid, as there were plenty of people getting aid who had money and did not need it. Mrs. Glasby stated that Mrs. Pero was going out to work_ and receiving aid from the Town to the extent of having her rant paid, when she had money in the bank. The E.R.A. investigator found out that Mrs. Pero drew $268. out of the Co-operative Bank and bought a car with it for her son. Mrs. Glasby stated that she also had money in the Newton Trust Co. Mr. Mitchell appeared and stated that Mrs. Pero had informed him that she did not need aid now, that her son would take care of her, but would not take care of Mr. Pero. Mrs. Glasby's brother has-been living with her since March, 1934, and has worked about three months in that time. The Board advised the three people that the matter would be taken under advisement. Mr. Mitchell advised that he would recommend the payment of $6.00 per week to Pero, and the Board voted to approve the recommendation. Hearing was declared open at 8:1,0 P.M. upon the petition for a Board o£ .Survey Layout of Summit` Road a distance of approximately 200 feet from its present end to the junction of Fern Street and Moreland Avenue. The notice of the hearing as it was published in the Lexington Minute -Man was read by the Chairman. Mr. William Green of Fern Street stated that he wished to speak in favor of the petition, but stated that the present layout was not what he wanted. The petition which he presented last year called for the re -survey of Fern Street and also the layout as described in the present petition. He thought that the layout of the street would be in line of development, and the construction of the street would be a great convenience to the people living on Moreland Avenue, as they would go down to the East village that way.The people are going down to the village through that route at the present time, but are passing over Mr. Green►'s land. Mr. Green stated that there was a 4" water main in Fern Street, and a 6" main in Summit Road. He thought that if the Summit Rd. main were extended to Fern Street and connected to that main, that the people in that district would have ample fire protection. He stated that if the street were constructed that the Town would save money when ploughing snow, and the trucks might travel down hill rather, than up hill, and it would be easier going. He thought that it might be easier to deliver mail, also. Mr. Green stated that he had presented a petition requesting the layout of Summit Road and Fern Street last year, but that no action had been taken on it. Mr. James G. Robertson, representing the State Holding Corp., stated that he believed that the property on Summit Road would be more valuable if the street were not laid out. He stated that real estate is more valuable on a circle than on a through way. He could not I 1 517 see how the Town would be better served, or that the Town would receive any particular benefit. He wished to be ' recorded in opposition to the petition. Mr. John A. Wilson of Fern Street stated that he was in favor of the layout if the Town would settle land damages. Mr. Green stated that some day the matter might come before the Town, so that the street might be constructed, and that this Board of Survey Layout was a preliminary .step. Mr. Robertson stated that he did not see how this toad would make a shorter trip to East Lexington. Bir. Winthrop Potter of 25 Summit Road stated that he had never seen much foot traffic up Summit Road. Layoulr, Mr. H. Dudley Murphy asked Mr. Green how far it was cont'd. from Moreland Avenue to the foot of Gibson Road on Mass. Ave. by way of Fern and Pleasant Streets, and if the distance saved would be one-half mile. Mr. Green said that he thought the saving would be as much as one-half mile. Mr. and Mrs. Francis Chamberlain of Summit Road appeared in opposition to the petition. The Chamberlains open approximately four acres on Summit Road., and a Mrs. Laura Osborne, who owns approximately 20,000 sq. ft. 'of land on Summit Road had requested Mr. Chamberlain to record her opposition to the proposed layout. Mr. and Mrs. Burgess had requested Mr. Chamberlain to speak in opposition to the matter for them as they were unable to be present at ' the hearing. Mr. Potter stated that he thought that it would be unwise to develop the street at the present time as there were a number of children living on Smith Avenue, and the traffic would be diverted to that street and would be dangerous. Mr. Wilson stated that the ohly way that the Town would benefit by the layout of the street would be by installing a.6n water main to connect with the main 1h Fern Street. Mr. Edwin B. Ide of Summit Road stated that he wished to be recorded in opposition to the layout. The Board then declared the hearing closed and discussed the matter in private session. The motion was duly made and seconded that the Board of Survey Layout of Summit Road from the present end to Fern Street, a distance of approximately 200 ft., be disapproved, and it was so voted. Mr. T. Edward Delaney, Mr. Daniel Holland, and four members of the Woburn City Council appeared before the Board with reference to giving permission to the Holland Bus Lines to operate from the Woburn -Lexington Line to Lexington Center. The Holland Bus Lines, Inc. already had obtained from the city of Woburn a permit to operate to the Lexington Line, but at the present time were operating only to Cambridge Street, in Woburn. 518 Mr. Delaney, Chairman of the Committee onRailroads and Street Railways.. stated that the committee had re- ceived several requests for service from people living in ' Woburn who had relatives in Lexington. One councillor stated that two families had obtained signatures of one Petition hundred and fifty persons to a petition for bus service. for bus Mr. Holland stated that he operates bus lines in line from Woburn, Stoneham, and the west side of Woburn. He .Woburn to thought that if a permit were granted that the busses Lexington. might be run on an hourly schedule, and that the fare would be fifteen cents from Woburn to Lexington. He stated that on July 28, 19343 he had made applica- tion for a permit, but the Board had advised him that they did not think that the line was necessary. He stated that the difficulty was that the Lovell Bus Lines were ppicking up passengers from Country Side to Lexington Center, but the D. P. U. would have to adjust the routes and time of running. Mr. Delaney stated that the bus line would serve people who wished to go from Woburn to the Middlesex County Sanatorium of Trapelo Road, who had no way of getting there other than by automobile. The Board advised the petitioners that the matter would be taken under advisement. Mr. Trask, Mr. Cosgrove, and Mr. Ross appeared before the Board with reference to PMA projects. , . The first project presented was a sewer project for the purpose of providing sewage to the Farmcrest Ave. section of the Town, and the estimated cost of the work is $187,200. The trunk line would be constructed from Hayes Lane to and including Rarmerest Avenue, Section 121. The sewer would serve Prospect Hill Road to Wachusett Cirdle, and Marrett Road from Waltham Street to Proposed Downing Road, also. The project should not be done PWA without carrying on a drainage project at the same Projects. time, or at least constructing a drain from Hayes Lane along Vine Brook to Vine Brook Road. The sewer would be constructed according to the size recommended by the survey made, so that everything might be reached as far as possible without building a pumping station. The other project would be a drainage project along Vine Brook from Hayes Lane to North Streets 7200 ft.' of open channel including culverts., -estimated cost $72,000; Vine Brook from Hayes Lane to Vine Brook Road, 1820, feet 75" pipe, 780 ft. open channel, estimated cost, $72,000. The estimated cost of a relief sewer from Hayes Lane to Vine Brook Road is $52,000. and as the estimated cost of a drain in the same location is $72,000., the cost of the two projects together, if done separately., would be $124,000. If the two projects were •combined, the estimated cost would be $100,000. ' No action was taken on the projects. 519 Mr. J. Henry Duffy, Chairman of the Planning Board, ' appeared with reference to the Planning Board's action on amending the Zoning By -Law to restrict the stripping of loam for selling purposes. Mr. Duffy presented letter to the Board which stated that two years ago the Planning Board had given considerable ,thought to an amendment to the Zoning By-law to control the removal of loam and a draft for such an amendment was prepared, discussed and held in abeyance. The letter stated that the sale of loam in small quantities was incidental Zoning Law to farming and should net require a special permit, re: Strip - but that going into a residential zone with a steam shovel ping loam. to strip soil for a contract job constituted a business usage and therefor could be regulated by the existing Zoning By -lava. The Planning Board fel the most satisfactory dividing line between incidental 4 �lolesale stripping was one which forbade the latter as a business use in a residential ,zone. The Planning Board felt that while an amendment to the Zoning By-law might be of assistance to administrative officers, it would not provide any additional facilities for controlling or forestalling the menace. It was there- for the opinion of the Planning Board that there was no present necessity for further action,' but if the Board of Selectmen thought such an amendment advisable, it was ready to prepare such an amendment and bring it before the next Town Meeting. ' The Chairman stated that he felt that the present Zoning By-laws were ambiguous inasmuch as the Town was unable to get an injunction against the General Con- struction Co. to restrict the stripping of loam on North Street, Mr. Duffy stated that the Planning Board had received an informal opinion from the Town Counsel that there was no need of amending the Zoning By -Laws, and if a matter similar to the one mentioned above were brought to the attention of the Town in time that the practice could prob- ably be stopped. The Chairman stated that if there were an amendment to the Zoning By-laws that there could be no question in anybody's mind on the matter. Mr. Duffy stated that he thought that the town•of Needham's amendment for restricting the stripping of loam was too elastic, inasmuch as it stated that "--loam shall not be taken from the surface of the land and removed from the premises for the purpose of sale or profit and impair the beauty of the Town". The Chairman stated that the Needham amendment was mentioned only as a suggestion. Mr. Duffy inquired if the Board wished to restrict the sale of loam or to stop the sale of any loam at all. The Chairman stated that he thought that any person who wished to strip loam.should be required to obtain a permit from the Selectmen, who could determine the amount that could be stripped. Mr. Duffy stated that R. H. Stevens and 520 Vote on Amendment. C. W. Ryder were doing a business of digginglarge pits, and wanted to know what might be done in regard to them. It was duly moved and seconded that the Planning Board be requested to prepare an amendment to the Zoning By -Laws to prevent the stripping of loam for the purpose of sale or profit and that said amendment be prepared in time so that an article might be inserted in the-watrant for the next Town Meeting, and it was so voted. The Supt. of Public Works presented proposed amend- ments to the Traffic Regulations. He stated that he believed that there should be a "No Parking" signon Parking Pleasant Street on one side.` The Board voted that there Regulations. should be no parking on the left side of Pleasant Street from Mass. Ave. to a point about opposite Fern Street, and on the right side about fifteen (15) feet from Follen Road. The Supt. was instructed to draw up the regulations with corrections and additions as noted so'that the Board might sign same at the next meeting. Mr. Trask stated that Mr. Flynn, of the Boston & Maine "Park The Supt. of Public Works reported that there was Drive". no name to the drive going to the Center Playground from Waltham Street to Lincoln Street, and suggested that it be called "Park Drive". The Board voted to approve the recommendation. New Locks The Supt. of Public Works reported that persons & Keys, formerly employed by the Town had keys which opened the Town doors to the Town Office Building and suggested that Office new locks and keys be obtained. The Board voted to Bldg. approve the recommendation. Mr..Trask reported that Edith Willard of North Steam Street had complained that the steam shovel stripping the Shovel loam. on the Bean property started work at 5:00 A.M. and nuisance, on worked until 8:00 P.M.. and wanted to know if there was North St. anything that the Town could do to prevent the company from starting work so early. The Board felt that the noise of the shovel working so early in the morning was a nuisance, and told the Supt. that the Pollea Department 1 R.R. had received a letter from the legal department of Barriers at that company stating that the Town of Lexington could not Fletcher lay out a street across the railroad at Fletcher Avenue, Ave. R.R. and that the Town should erect barriers across that street crossing. at the railroad. Mr. Trask had.suggested to Mr. Flynn that the Town erect barriers at an angle to allow passing, and Mr. Flynn stated that if this were done that he would merely report that the Town had erected barriers as requested. The Chairman suggested that curbing be set in instead of fences, inasmuch as the letter from the railroad did not state what kind of barriers were to be erected. The Board voted to leave the matter to the Chairman and the Supt. of Public Works to 'settle. "Park The Supt. of Public Works reported that there was Drive". no name to the drive going to the Center Playground from Waltham Street to Lincoln Street, and suggested that it be called "Park Drive". The Board voted to approve the recommendation. New Locks The Supt. of Public Works reported that persons & Keys, formerly employed by the Town had keys which opened the Town doors to the Town Office Building and suggested that Office new locks and keys be obtained. The Board voted to Bldg. approve the recommendation. Mr..Trask reported that Edith Willard of North Steam Street had complained that the steam shovel stripping the Shovel loam. on the Bean property started work at 5:00 A.M. and nuisance, on worked until 8:00 P.M.. and wanted to know if there was North St. anything that the Town could do to prevent the company from starting work so early. The Board felt that the noise of the shovel working so early in the morning was a nuisance, and told the Supt. that the Pollea Department 1 should be notified to tell the contractor that the shovel could work only between the hours of 7:30 A.M. and 6:00 P.M. The Supt. of Public Works stated that the Town had no right to erect signs without the permission of the State Dept. of Public Works being obtained first. He reported that the Town of Burlington had made North Street a one way street in Burlington and had requested the Town to cooperate and make -it a one way street in Lexington. The Board voted to request Mr. Trask to instruct the Police Dept. to enforce that part of Section 310 Chapter 86 of the General Laws which states "No motor truck which, with its load weighs more than four tons, shall be operated upon any public way at a speed greater than 15 miles per hour" with particular respect to North Street where the trucks are transporting loam from the Bean property. The Supt. of Pubiic Works reported that his dept. had finished putting the stone on the unfinished section of Watertown Street and had stopped. He reported that he had called on Mr. Norton of Watertown Street, and he is agreeable to shutting off Watertown Street at the entrance to the street proposed in the new layout, and Mr. Borden is also agreeable. New driveways will be built .to the new road. Mr. Borden has an agreement with Mrs. Hatch to purchase the land between the old street and the proposed street. It was suggested that the gravel at. the corner of the proposed street and the new highway be removed as a Town ERA project. 521 Signs on North St. Laws re traffic on North St. Watert6wh Street. The Supt. of Public Works suggested that the Chairman get in touch with the Chief of the Fire Department and Firecrackers request him to suspend George Smith's license to sell firecrackers until July lst, and it was so voted. The Chairman stated that there was a pile of dirt on Mass. Avenue beyond the Valliere'property where the new Sidewalk, sidewalk is being built, and the persons cannot use the Mass. Ave. old sidewalk, and suggested that the dirt be removed. The Supt. of Public Works agreed to have the dirt spread. The Chairman reported that Joseph H. Valliere of Chickens 2287 Blass. Avenue had had twenty-three chickens killed by killed. an unknown dog. The Board authorized Mr. Trask to have an easement Easement drawn up in the proper form for the laying of the culvert on culvert. under the railroad at the Sickle Brook Crossing at East Lexington. The Supt. of Public Works read a letter which he had received from the Boston and Maine R.R. stating that 522' c� there were warning signs at Summer & Bow Streets which Railroad were unreadable, and the letter requested that the signs signs be painted. Mr. Trask stated that he would look up the unreadable. law, and if it was up to the Town to maintain the signs, that he would have them put in the proper order. Mr. Trash reported that Neil McIntosh -had deeded a Wachusett piece of land to the town at the corner of Prospect Hill Circle. Road and Wachusett Circle in 1930, and that no care had been taken of the property., The Board suggested that the Park Dept. clean up the property and make it look decent. Letter was received from Harry J. Grafe stating that Grafe he wished to withdraw his application for a Common withdrawal Victuallerts License. He stated that this was of appli- necessary because of the interpretation of the Board as cation for to what constituted adequate toilet facilities, viz. license. separate toilets for men and women. He stated that such facilities were not furnished by any other eating place in town, and hoped that there had been no discrimination. The Board voted to refund the $5.00 fee which Mr. Grafe had paid. Letter was received from Edward L. Kelly, who is Supplies at the Middlesex County Sanatorium, requesting that the for E.L. Board of Health furnish him with new pajamas. The Board Kelly. voted to furnish Mr. Kelly with two pairs of pajamas. ' Letter was received from the Town Accountant stating that he had been advised by Mr. Theodore N. Waddell, Director of the Division of Accounts, that in his .opinion the Town could not expend money from the appropriations for Lincoln, Pleasant and Watertown Streets if reduced allotments are made -by the State and County .unless it Accountant can be shown that the projects can be completed for on Chp. 90 lesser amounts than originally estimated. As the total work. amount of,street work to be done is specifically stated in the votes, the Accountant thought that it could not be shown that the work could be completed for lesser amounts than originally estimated. He did not see how the work could be done unless the State and County con- tributed two thirds of the cost or unless the Town at a subsequent meeting changed the provisibns.under which the appropriations were to be expended. He stated further that he had received bills from the Highway Department totalling $1093.28 covering materials purchased for the new construction, and did not see how he could pay the bills until the matter of the appropriation was straightened out. The Board decided to wait and see if there was arW change in the allotments from the State and County. ' 523 Letter was received from Custance Bros., Inc. quoting ' a price of $94.20 for taking present shingles off the Award of roof and furnishing and applying one thickness of Peer- bid on less Waterproof paper on the roof of the Stone Building. shingling Custance Bros. bid for shingling the roof was $423.00, Stone Bldg. making the total price, $517.20. Inasmuch as this was the lowest bid received, the Board voted to accept it. Letter was received from the ERA, Division of Music and Drama, stating that the ERA Civic Chorus was available for a series of concerts, indoor or outdoor, in towns outside Boston. The concerts must be open to the public without charge for admission. The letter inquired if ERA the Town would be interested in sponsoring any of these concerts. concerts._ The Board voted to send notice of the concerts to the different organizations in the town, and if any of them were interested, to request that they notify the Board, who would in turn notify the ERA. Letter was received from Alcoholic Beverage Control, Commission stating that until such time as the figures Alcoholic obtained in the recent taking of the State Census are licenses officially certified by the Secretary of the Commonwealth limited. the number of licenses for the sale of alcoholic beverages issued in any town must be on the basis of the population as determined by the Federal Census of 1930, which is 3,467 for the Town of Lexington. The new figures will not be officially certified until October or November' of this year. Application for a Sunday Sales permit was received Palermo from Louis Palermo, who operates a Variety Stare at the Sunday corner of Bow Street and Mass. Ave. The Board voted to Sales hold over the matter for one week in order that they might License. mew the store. Letter was received from one Roscoe L. Whitman, Historian of the Society of Stukely Westcott Descendants Westcott of America, stating that the Society would visit Lexington family, on Tuesday, June 25th at 9:30 A.M. and would appreciate visit. a police escort and also a lecturer to explain the points of historic interest. The Board voted to instruct the - Police Dept. to guide the party on its visit to the town and to request Mr. Edwin B. Worthen to explain the points of historic interest. Letter was received from the Town Accountant with Bill for reference to charging the bill for appraisal of buildings insir ance and equipment owned by the Town to the Insurance appropriation. Mr. Russell had talked with Mr. Waddell's office and had appropria- been advised that charging such a bill to the Insurance tion, held appropriation would be improper, and that only insurance up. 524 remiums should be paid out of the Insurance Account. r. Russell felt that payment of the apprti sal bill should not be made until an appropriation had been provided by the Town. Playground The ERA Administrator presented the following project instructors, for approval: Supervision of athletic sports, gymnastics ERA project. and tennis at the public playgrounds at Lexington Center and East Lexington, to run for ten weeks, at an estimated cost from ERA funds of $1050. The Board voted to approve the project. 'ERA project, The ERA Administrator presented the following pro - Curbing for ject for approval: The construction of a reinforced track at concrete curbing on each side of the running track•at Playgound the Athletic Field at the Lexington Center Playground. disapproved. The project required the expenditure of $507.J17 from Town Funds, and inasmuch as the appropriation in the Park Dept. budget for materials for this project amounted to. Ohly $150., the project was not approved. The Welfare Agent appeared with reference to the case of "drs. Raffella Laconte of Rindge Avenue.' 'Mrs. Laconte is unable to speak English, and Mr. William Aqua>ro has been handling her affairs. Mr. Aquaro had the -property transferred to his name. There was a mortgage,on the property, and the Assessors had abated part of the taxes, but there is still something due on them. Mr; Mitchell recommended that Mrs. Laconte be'aided in the amount of $2.00 per week until cold weather, when fuel will probably have to be provided. The Board voted to Tprove the recommendation. The following commitments were signed: Commitments signed. Water Liensi2.I3 Water Service Connections - 26NOO Sewer'Sei�vice Connections 147.38 The following motor vehicle tax refund was signed: Abatement. J. E. aossfield - $2.30. It was voted that the meeting adjourn at 12:15 P.M. A true record,: Attests Clerk.