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HomeMy WebLinkAbout1935-07-16 557 SELECTMEN'S MEETING JULY 16, 1935. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P. M. Messrs. Ferguson, Gilcreast and Potter were present. The Clerk was also present. Application was received from Mr. Thomas Brown of 450 Waltham Street for permission to keep 60 pigeons and 12 hens. The Chairman read the Health Inspector' s Report on the property. Mr. Stevenson stated that Mr. Brown' s son informed him that the pigeons were let out a short while in the morning and then called in. Two years ago, Mr. Stevenson gave Brown a permit to keep 25 hens but he has never had a license to Brown Ap- keep pigeons . The space where his pigeons are kept is very plication small and is not adequate. Mr. Stevenson did not think that to Keep Brown should be allowed to keep pigeons so near the street. Poultry. He stated that they were a nuisance anyway unless they were kept in a proper place where they could be out or else have and outdoor place screened in where they would have plenty of room and fresh air and could be kept clean. Mr. Stevenson recommended that the permit be denied. The Chairman read the Building Inspector' s report. This report stated that Mr. Brown was granted a permit for a pig- eon coop in 1925 and had kept pigeons at this location since that date. Mr. Longbottom stated that Brown kept 30 birds and these were allowed liberty every day. He stated that Mrs. Ensign of 452 Waltham Street who made a complaint last week about Mr. Brown' s keeping pigeons, had just finished painting and shingling her house and there was no evidence of dirt at the present time. However, Mrs . Ensign would like the Town to compel Brown to confine his birds so that her pro- perty might remain clean. The motion was duly made and seconded that Brown be re- fused a permit until adequate facilities were provided and it was so voted. Letter was received from the Town Counsel with reference to the Board' s authority tor efuse Common Victualler' s Lic- enses. Mr. Wrightington stated that it is provided in G.L. 140, sec 2. that the Selectmen may grant such licenses in towns, and it is further provided "This section shall require Refusal to the licensing authorities to grant either of said licenses if,Grant Vic- in their opinion, the public good does not require it." tuallers He stated that the Supreme Court said in Oommonwealth v. License. Labery, 188 Mass. 13, 14, "In any case the licensing board is given discretionary power to grant or refuse an applica- tion made for this purpose", and therefor, held that it was personal in its nature and not transferable. Mr. Wrightington stated that it was apparent that the Board was not obliged to grant the application of a man who proposed to set up a lunch cart and that if such application 558on werei notto rete ved and the Board decided grant it, it would be well in the records to recite that the Board are of the opinion that the public good does not require the granting of the license. Letter was received from Harry L. Fuller of 146 Mass. Avenue giving his objection to the new bus stop Fuller in front of his house. Mr. Fuller's objections are as Bus stop follows: 1. It adds to the noise to be endured on the corner 2. People cut across the lawn to get the bus. 3. The High School will be open in the fall and the buses will unload on to Mr. Fuller's lawn. 4. The north corner is a natural stopping place as there is a vacant lot on that side. Inasmuch as Mr. Fuller is going to appear before the Board next week, no action -was taken on the matter. A letter was received from Nathan B. Bidwell, At- torney on behalf of the following persons: Richard E. Rowse Mary H. Bidwell F. Josephine Blodgett Walter W. Rowse George E. Graves Ernestine C. Snow Sarah E. Goodwin Clarence H. Tinkham Arlington Five Cents Saving Bank. The letter wtated that exceptions were taken to an appeal filed from the granting of the permit to keep poulty to .Arthur M. oberts, 38 Adams Street and respect- fully referred to the petition and exceptions filed before the hearing on the permit, and requested that the order for granting such permit be revoked and that such permit be can- celled. The Board voted to take no action on the appeal. Letter was received from Elmer r'. Lord & Company with regard to the insurance on the High School Building and its contents. The letter stated that based on $400,000. insurance on the High School and $48,000. on the contents, the saving on an annual basis - based on the present rates, that could be effected by tht propositions which had been placed before the Board from time to time by the above company, would be as follows: Proposition A 956.80 per annum (Pro- position A calls for sprinkler protection throughout all 559 areas in the entire building. ) Proposition B $579.20 per annum (Pro- position B calls for the same protection as in Proposition A with the exception of a sprinkler protection for offices ana committee rooms being. waived.) Letter was received from Elmer A. Lord & Company stating that on July 23rd, 1934, in making one of that company's per- iodic inspections of the Town property, it was found that if certain recommendations were carried out, there would be a slight credit allowance but that it would not be wise to High School apply for rate as the new schedule would raise rates somewhat. & Fire Dept. In view of the new values which the Town has secured, it will Property. now be necessary to ask for rerating based on the new sched- ule and the letter suggested that these matters be taken care of, if not already done. The letter listed certain repairs, additions and changes which were recommended for schools in the Town and the Fire Department Headquarters and the E. Lex- ington Fire House. The Board voted to furnish the School Committee with a letter listing the suggested changes and additions and to have the Supt. of Public Works obtain the cost of doing the work recommended on the Fire Department Properties. Letter was received from the Public Administration Ser- Btutlgtof vice with reference to making a study of the present methods method-5, 0f of operating the departments of the Town, cost to be paid by operating ERA grants. depts. The Board voted to take no action on the matter. Letter w.as received from the Town Counsel stating that he had talked with Mr. Sawyer, Counsel for the Boston & Maine Railroad with reference to the Fletcher Ave. crossing. Mr. Sawyer Mated that it is the policy of the Railroad to close such crossings, and that since the Town's defeat before the Public- Utilities Commission he had felt it more than ever Fletcher Ave necessary that the closing should be eliminated. He stated Crossing. that the matter had recently ce tly come to a head because in a similar situation where the Railroad had not taken prompt action to close such a crossing, it had been forced to install a light, imposing expense on the Road, and he stated that bon- siderable time had already• elapsed since the matter had first been brought to the attention of the Town and he thought the Town should now prepare a plan for the ultimate elimination of that crossing. He said that he would be very glad to come out and confer with the Selectmen or with the Planning Board. Mr. Wrightington suggested to Mr. Sawyer that perhaps the Railroad would be satisfied by a vote of the Town agreeing that by reason of leaving the crossing in status quo the Town would not claim any additional rights in the future. Mr. Saw- yer said he would consider that and would communicate with Mr. Wrightington further, but that he believed that the Railroad 560 would not be satisfied with anything except the elimination of the crossing. He said that if no action was taken by the Town, he would be obliged at some time to tear up the plank- ing and build a fence across the roadway, and that he would be reluctant to be obliged to do this. The Chairman stated that the Supt. of Public Works bad talked with Mr. Flynn of the Boston & Maine Railroad, who ap- parently is not worried by what Mr. Sawyer wants. The Chair- man had suggested to the Supt. that the cheapest fence pos- 1 sible be erected and that if the Railroad insisted, later that the Town close the crossing, that the fence could be taken down at not too great an expense. The work of erecting this fence will be done right away. Letter was received from the State Commissioner of Pub- lic Works enclosing copy of a letter explaining plans of that department for the expenditure of the sum of $13,000,000. I Commission- provided for in the bill to authorize a bond issue for fin- er Pub. Wks.ancing of the program of construction of Public Works by the Commonwealth. Inasmuch as the Board felt that there was no possibility of this plan going through, the reading of the letter was waived. Letter was received from the Middlesex County Sanator- Burbidge ium enclosing subsidy form to be filled out for the Town to Subsidy. be reimbursed in the amount of $5.00 per week for the care of Christine Burbidge at the Sanatorium. The Clerk was in- structed to sign the form and mail it to the Department of Public Health. Letter was received from B. F. Bashian of 2778 Mass. Ave. stating that he was disappointed in the Board's reaction to his requests as outlined in his talk before the Board last Bashian month. Mr. Bashian's letter stated that he was expecting a Letter. more detailed and accurate report to his requests and would appreciate action on each individual one. The motion was duly made and seconded that the letter be placed on file and it was so voted. Letter was received from the State Commissioner of Pub- lic Health stating that that Department had selected certain Biologic hospitals and Boards of Health for distribution of Miningi- Products. tis Serum, The Cambridge Hospital in Cambridge, Massachu- setts, and the Emerson Hospital in Concord, Massachusetts are the nearest places to this Town where this serum may be obtained. Letter was received from the Secretary of the Appropria- tion Committee acknowledging receipt of the Chairman's let- ter requesting the Appropriation Committee to transfer the sum of $230.00 from the Reserve Fund to the Elections and Registrations Account. The matter was taken up at a meeting 561 11 held on July 11, 1935 but no action was taken on the re- quest, it being deeided to lay the matter over until the next meeting of the Committee. The Clerk reported that Mr. Young of Laconia Street had requested that he be allowed to pay his olaughter License in the amount of $112.95 in installments. This license is for animals slaughtered during the period from May 1st, 1934 to A. Young April 30th, 1935. The bill was rendered on May 8th, 1935. Slaughter Mr. Young paid $20.00 on account on July 9th, 1935. License. Inasmuch as the Slaughter License was based on the ani- mals slaughtered during the previous year, the Board felt that the license should be paid at once and it was voted to deny Young's request. The Clerk reported that Mr. Lovell called at the office and stated that Belmont had granted his company a permit to operate buses over the Cambridge-Concord Bighway and that Lovell Bus Cambridge was about to do so. Line. The Board felt that inasmuch as these towns had granted the permit that Lexington should do likewise. The Clerk was instructed to check with the Town of Belmont to see if the permit had been granted. It was voted to grant the license to Lovell to operate buses provided that Belmont has already granted such a permit. The Chairman reported that he had talked with the Supt. of Schools and had advised him that the Board was not in favor of doing work as outlined by his Committee with ERA funds. Mr. Grindle informed the Chairman that he would like to School do the work of cleaning the floors in the Junior High School Department and painting the .Auditorium floor in the Senior High School ERA Project, with ERA funds, anyway. The motion was duly made and seconded that an ERA Pro- ject for 320 hours labor to do the floors in the Junior High school and the Auditorium floor in the Senior High School be approved and it was so voted. Letter was received from the Secretary of the Appropria- tion Committee stating that at a meeting of that Board held on July 11, 1935 it was voted to request that Article #29 Traffic (Traffic Regulation and Control) be eliminated from the Town Regulation Meeting Warrant for July 22nd. The letter stated that the & Control Appropriation Committee : voted to transfer the sum of Account. $200.00 from the Reserve Fund to the Traffic Regulation and Control Account. The Board discussed the matter of enjoining Leo Bornstein or Boynton from storing junk at Sylvia Street. Mr. Gilcreast Bornstein ' reported that he had viewed the property and stated that -the Junk Yard. junk in the two garages was kept in a very neat manner, that Bornstein had torn down the structure which had been built wihont a permit and that the property was in very good condi- 562 cn tion. The Board voted to instruct the Town Counsel to drop the matter of trying to enjoin Bornstein from doing junk business in the two garages on Sylvia Street. A request was received from the Supt. of Public Works that James A. Guthrie be appointed Special Police Officer Guthrie for a period to expire December 31, 1935. Guthrie is now Special working on the E. Lexington Water ob and will be trans- Police. ferred to the Pleasant Street Job when he is through on Mass. Avenue. The Board voted to make the appointment. Excise Tax Motor Vehicle Excise Tax Refnnas in the amount of Refunds. $57.99 were signed. The Chairman stated that the Lexington Golf Club had suggested to him that the Club be given permission to lay Golf Club a pipe on top of the ground from the Spring on the Poor Permission Farm property one hnnared or one hundred and fifty feet to Use to the ninth tee. Water. The motion was duly made and seconded that permission be granted and it was so voted. The Board discussed the matter of constructing a sewer in Wadman Circle ., .nd Blake Avenue to serve the Patrick Pro- Sewer, Pat- petty. The Board dad viewed the- property and felt' that the rick Prop- condition did not constitute a health menace and therefor erty. that the extending of the sewer to the Patrick property was not absolutely necessary at the present time. The Board voted therefor to extend the sewer in Blake Ave. only and that an appropriation of $500.00 only be asked for at the Town Meeting. The Chairman stated that at the last meeting of the Appropriation Committee that body disapproved of Article 25 Appropria- in the Warrant which has to do with removal of loam--this is tion Com. the first time that the Appropriation Committee has ever on Removal objected to an Article which has to do with Zoning and the of Loam. Chairman stated that that committee, he thought, was estab- lishing a bad precedent. The reason that the Appropriation Committee OA: not approve the Article was that,.at some future time it might cost the Town money for litigation. The Board discussed Article 27 in the Warrant for the Town Meeting which has to do with the change from an R.1 District to a C.1 District of the Moran property, which is Change in located on the easterly side of Pleasant Street at the -fining Law. junction of the Cambridge-Concord Turnpike. Mr. Potter stated that he was in favor of the change. Mr. Moody, the owner of the Minute-Man Golf Club, was con- templating the buying of the property for the purpose of converting it into a high class eating place and would ex- pend a considerable amount of money on the property. Mr. 563 Moody did not intend toserve liquors. The Chairman stated that he did not think that the Board or that the Town should consider soaking changes in the Zoning Districts along the new road until after the Bill now before the Legislature to es- tablish a setback of buildings on the road was acted upon. The Board voted to renew through the office of Arthur A. Insurance Marshall & Son, fire insurance policy in the amount of Renewal. $5,000. which expires on August 1st, 1935, on a binder. The Board discussed the matter of the ivy on the Cary Memorial Library and felt that something should be done at once, as the ivy was in very poor condition. The Board thought that the matter had been left to Ivy at the Supt. of Public Works to go over with Mr. Sheldon Rob- Cary Lib. inson. It was the opinion of the Board that the Supt. of Public Works should carry out whatever suggestions Mr. Rob- inson made in regard to the ivy. Water Guaranty Abatements in the amount of $339.02 on Water the account of Carl Hauck, and $40. on Harold B. Needham Guaranty were signed. Abatements. A Water & Sewer Commitment in the amount of $143.89 Water and a Sewer Service Commitment in the amount of $89.25 Guaranty were signed by the Board. Abatements. The Chairman reported that the Insurance Appraisal had been received from the National Appraisal Company. Mr. Insurance_ Willard Hill had looked over the Appraisal and was going to Appraisal. appear before the Board at next week's meeting to discuss the matter. The Board signed the notice of intention to lay out Farm Crest Avenue from Waltham Street to Stedman Road a distance: of approximately 1420 feet, as follows: C0MM0NWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass,July 16, 1935 tl Town of Lexington, Selectmen's Room. At a meetingof the Board oar d of Selectmen of the Town of Lexington, after having given due written notice of the in- tention of said Board, as required by law, to lay out as a town way the way known as Farm Crest Avenue, from Wal thaw Street to Stedman Road a distance of approximately 1420 feet, all as here- inafter more fully appears, and after public hearing thereon held on February 19, 1935; Now, upon consideration of the matter, it is ORDERED: that this Board of Selectmen is of the opinion 564 to that public necessity and convenience require that said Farm Crest Avenue be laid out and established as a public town way, and that the same heretby is Paid out and established as a public town way respectively, as follows: The northeasterly line of Farm Crest Avenue begins at a point in the easterly line of Waltham Street, said point being 201.46 feet southerly of the point of curvature of a curve of 35.00 feet radius at Marrett Road, thence bearing to the left with a curve of 40.00 feet radius distant 34.32 feet to a point of tangency, thence south 48° 26? east dis- tant 1377.65 feet to a point of curvature, thence bearing to the left with a curve of 22.50 feet radius distant 47.28 feet to a point in the westerly line of Stedman Road. The southwesterly line of Farm Crest Avenue begins at a point in the easterly line of Waltham Street, thence bear- ing to the right with a curve of 25.00 feet radius distant 57.09 feet to a point of tangency, thence south 48° 26 / east distant 1336.01 feet to a point of curvature, thence bearing to the right with a curve of 30.00 feet radius distant 34.95 feet to a point in the westerly line of Stedman Road. The above described lines are parallel with and distant 50.00 feet from each other with the exception of the curved intersections at Waltham Street and Stedman Road. Said Farm Crest Avenue is hereby laid out and established as shown on a plan entitled, "Plan of Farm Crest Ave. , Lex- ington, Mass. , Scale lin. - 40ft. , Sept. 26, 1934, John T. Cosgrove Town Engineer", which plan is on file in the Town Clerk's uff ice in the Town Office Building and a copy of which will be recorded with Middlesex South District Deeds with a copy of this order. And said Board having considered the question of damas sustained by the owners of lands across and through which raid ways have been laid out and established as aforesaid, hereby determines that no damages are sustained and no dam- ages are awarded, and said Board hereby declares that all acts herein are done under the provisions of law authorizing the assessment of betterments. Charles E. Ferguson BOARD .TdE. Gilcreast OF John A . Lyons SELECTMEN. William G. Potter 565 The Board signed the notice of intention to lay out Kendall Road from Marrett Road to Hill Top Avenue, a dis- tance of approximately 605 feet, as follows:- COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass., July 16, 1935 Town of Lexington, Selectmen's Room At a meeting of the Board of Selectmen of the Town of Lexington, after having given due written notice of the in- tention of said Board, as required by law, to lay out as a town way the way known as Kendall Road, from Marrett Road to Hill Top Avenue a distance of approximately 605 feet, all as hereinafter more fully appears, aryl after public hearing thereon held on February 19, 1935; Now, upon consideration of the matter, it is ORDERED: that this Board of Selectmen is of the opinion that public necessity and convenience require that said Ken- dall Road be laid out and established as a public town way, and that the same hereby is laid out and established as a public town way respectively, as follows: The northwesterly line of Kendall Road begins at a point in the southwesterly line of Marrett Road, said point being about 7 feet northwesterly of the southeasterly term- inus of a curve of 1457.69 feet radius in said southwesterly line of Marrett Road, thence bearing to the right with a curve of 21.81 feet radius distant 41.61 feet to a point of tangency, thence south 56° 12' west distant 567.33 feet to a point. Said northwesterly line of Kendall Road joins the northeasterly line of Farm Crest Avenue with a curve of 30.00 feet radius and joins the southwesterly line of Farm Crest Avenue with a curve of 25.00 feet radius. The southeasterly line of Kendall Road begins at a point in the southwesterly line of Llarrett Road, thence bearing to the left with a curve of 32.77 feet radius dis- tant 40.93 feet to a point of tangency, thence south 569 121 west distant 592.64 feet to a point. Said southeaster- ly line of Kendall Road joins the northeasterly line of Farm Crest Avenue with a curve of 25.00 feet radius and joins the southwesterly line of Farm Crest Avenue with a curve of 30.00 feet radius. The above described lines are parellel with and distant 50.00 feet from each other with the exception of the curved intersections at Marrett Road and Farm Crest Avenue . Said Kendall Road is hereby laid out and established as shown on a plan entitled, "Plan of Kendall Road, Lexing- 566 CIO ton, Mass. , Scale 1 in. - 40 ft., Sept. 26, 1934, John T. Cosgrove, Town Engineer", which plan is on file in the Town Clerk' s Office in the Town Office Building and a copy of which will be recorded with Middlesex South district deeds with a copy of this order. And said Board having considered the question of dam- ages sustained by the owners of lands across and through which said ways have been laid out and established as afore- said, hereby determines that no damages are sustained and no damages are awarded, and said Board hereby declares that all acts herein are done under the provisions of law author- izing the assessment of betterments. Chiles E. 5 argliann BOARD Jobn E. Gil react OF John A. Lvons WL am G. Potter SELECTMEN. The meeting adjourned, 9:30 P. M. A true record, Attest: Clerk. 1