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HomeMy WebLinkAbout1935-10-07am Joint meet- ing with Planning Board and Board of Appeals. SELECTMEN'S STING ' OCTOBER 7, 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, Lyons and Potter - were present. The Clerk was also present. At 7:30 P.M. a joint hearing with the Planning Board and the Board of Appeals was called to order. Mr. J. Henry Duffy, Chairman of the Planning Board, stated that his Board felt that it would be helpful if a meeting.of the three Boards were held to talk over the following matters: (1). Shall the Town single out the Concord Turnpike, the proposed new Lowell Road and the proposed circum- ferential highway and limit these three roads to a certain setback, say of fifty feet? (2). Shall the Town attempt to keep all business off these roads and oppose all requests for changes from R.1 to C.1 districts? (3). Does the Town wish to select one area on these roads to be zoned for business and to keep the business within that area? ' Mr. Duffy stated that the Planning Board has received petitions from the following persons for changes from a residential to A business area: Mr. Hutchinson, (of Arlington) owning land at the Arlington -Belmont line; Mrs. Cutler, owning land near Pleasant Street; Mr. DeVincent, owning land on Pleasant Street; Hutchinson Brothers (of Lexington) owning land on Blossom Street; Mr. Peterson, owning land on Waltham Street. Mr. Duffy stated that the bill before the Legislature originally provided for a set -back of 100 feet on the new Concord Turnpike, but that this was finally modified to a 50 foot set -back. The Planning Board felt that this was insufficient. Mr. Ferguson stated that the feeling of the Board of Selectmen was that there should be special restrictions on the three new roads and that the set -back should be 100 feet for business areas and 50 feet for residential areas. Mr. Edward W. Kimball stated that Mr. A. N. Maddison was favorable toward a 100 foot set -back for business zones in order to keep out as many stands as possible. Mr. C. Edward Glynn stated that the Board of Appeals had not discussed the matter as a Board at all, but that a petition for a roadside stand had been denied by that ' Board. Mr. Glynn stated that he would like to be advised what the arguments were for a 50 foot set -back. am Joint meet- ing with Planning Board and Board of Appeals. 88 C" y Mr. Ferguson stated that he thought a 100 foot set- back for residential areas was too much and that a 50 ' foot set -back would keep the houses far enough back to give a decent appearance and that the driveways would go back far enough so as not to interfere with the view of traffic on the new road. Mr. Kimball wanted to know if the Board of Selectmen would be in sympathy with a 100 foot set- back for the entire road. Mr. Lyons stated that he thought that the Town should take any stand that it could to keep roadside stands and the like off the new road, and the sooner the better. Mr. Glynn stated that he felt that there should be at least one gasoline station on either side of the new roads in Lexington so as to provide for safety, and if this were done, that the Town would be doing every- thing that it needed to do. He thought it might be a good plan for the Town to provide a business zone on either side of the road as nearly opposite as possible. Mr. Duffy inquired if the Planhing Board should go ahead and try to aedide on a location for such business areas and then bring the matter before the Town. He thought that the matter could not be brought before the Town until such areas had been decided on. Mr. Ferguson stated that he thought that the Planning Board should pick out such areas and then hold a hearing and have all people interested appear. ' Mr. Glynn inquired if there were arV means known to the Board of Selectmen whereby land could be purchased or controlled by the Town in such a way as to prevent a monopoly of business. He stated that it did not seem very good to have a small area monopolized by one or two people. The Town Counsel stated that if there was going to be only one filling station that that in itself was bound to be a monopoly. He said that the Town could festrict areas but that he did not see how a Town could control owners and say to whom they should sell their rights. He stated that the question was whether the Boards wanted to impose special restrictions or to establish a new type of district, and that the Town ffhould make it plain that a new amendment would be in the public interest and not for the benefit of an individual. He suggested that the Town might create R.3 or C.2 districts and locate them along these highways. It could make most of the highways residential areas and create, for instance, C.1 districts and stipulate a 100 foot set -back. The Chairman of the Selectmen inquired what the Town would be gaining by establishing business districts along the new highway. He stated that it would not stop people from petitioning for changes in the zones and ' he thought it would be better not to provide for business areas in any part of the road. m0 1 Mr. Duffy stated that the Town of Arlington has ' opposed and rejected any petitions for changes to business districts; Belmont feels that there is no occasion for business on the new road; Concord has established a 40 foot set -back but has not provided separate areas for.business districts; Lincoln has many vegetable stands along the road which it cannot prevent at the time because there is no provision in the By-laws for anything different. He stated that if Lexington des- ignated certain areas for business zones it would set a conspicuous example and show that the 'own was not un- willing at least, to have business on the new road. Mr. Kimball thought that if the Town made a 100 foot set -back and mode no reference to business or residential areas that it would not be inviting business. He stated, however, that the Town would have to define what structures could be erected. Mr. Kimball stated that if a certain area were designated for business and if 75% of such area belonged to one farmer and 25% to another farmer, it would be unfair to the rest of the farmers. Mr. Potter inquired as to what would happen if such a business zone were established and the owner of the property within the zone did not want business. He had in mind one owner on the new road who, even if his property were designated for business purposes, would ' under no consideration, conduct a business. The meeting felt that this point would have to be considered before it was decided to create anew district. The Town Counsel stated that he thought that a new district would have to be created. Mr. Ferguson suggested that an R.3 district be created that would have the same restrictions as an R.1 with the exception of the set -back, which would be fifty feet. Mr. Wrightington stated that a C.2 district would be the same as a C.l District with the exception of the set -back which would be 100 feet, but it would mean that business buildings could be erected all along the new road. Mr. Glynn stated that it would be better to create an R.3 District, the only difference between this and an R.1 District being in the 50 foot set -back. The Planning Board and the Board of Appeals retired and discussed the matter in private session. When they returned to the Selectments Meeting, they informed the Board that they had decided to request Mr. Wrightington to work out in its simplest form, an amendment to provide for a 50 foot set -back for residential areas and work out some sort of a new district where the set -back for business areas would be 100 feet. When he ' has accomplished this, Mr. Wrightington is to send copies of the amendments to the different Boards. 90 01 The Planning Board discussed the matter of an Amendment amendment to prevent the stripping of loam for selling re sale of purposes, but there was some question'as to whether or ' loam. not it'could be worked out to the satisfaction of the citizens. No decision was reached in the matter. A Mr. Frank Robinson, owning a house on lot #5 Lowell'Street, appeared before the Board to discuss the matter of his water supply. He is now receiving Robinson water from Arlington through his next door neighbor's :>.. water service, who in turn is receiving his through his extension, neighborts service. The Town of Arlington wishes to Lowell St. discontinue supplying water to Mr. Robinsor}ls house and has requested him to talk with the Lexington authorities to see what Lexington will do for him as they intend to discontinue the service as of .November lst. The owner of the house through which Mr. Robinsons house receives its water supply has not paid his water bill, but Mr. Robinson paid his share of the bill to -his neighbor who did not turn the money over to the Town of Arlington. The Town of Arlington suggested that it bill the Town of Lexington for the water supplied those houses in Lexington and then have Lexington bill the owners. If the bills were not paid, the Town of Lexington could then put a lien on the property. The Chairman advised Mr. Robinson that the matter Vq,uld , be taken up with the Supt. of Public Works and that if it were at all possible, the Town would help him, and he retired. It was suggested thAt: an inch pipe be laid from the Arlington line to take care of these houses. The Board voted to instruct the Supt. of Public Works to investigate the matter and make his recommenda- tion at the next meeting of the Board. Mr. Howard E. Melanson, owning lot #96 Fair Oaks, appeared before the Board and requested that the Town Water extend the water main in Wachusett Drive to his lot. Extension, This would require an extension of 350 feet and the Wachusett people between the end of the line and his lot are un - Drive. willing to sign a petition requesting the extension as they do not wish to pay the betterment assessment. Mr. Melanson is building a house on his lot and would like very much to be supplied with water. The Board advised him that the matter would be'taken under advisement and he retired. It was decided to authorize the extension and to insert an article in the Warrant for the next Town Meeting requesting the extension of 350 feet of water pipe in Wachusett Drive. ' a The School Committee appeared before the Board to discuss the matter of the P.W.A. project for a new high ' school, which has been approved by the Government. Mr. Randall.B. Houghton inquired what the grant approved by the Government amounted to, and the Chairman informed him that it amounted to $184,050. He stated further that contracts on P.W.A. projects must be let by December 15th, 1935. He stated that an article was being inserted in the warrant for the Town Meeting to be held on October 21st to see if the Town would accept the project and appropriate money for same, appoint a Committee, etc. He stated that the Committee appointed, could have the plans made and take bids, and that another Town Meeting could be held around the first of December so that the Town Meeting Members might be advised of the progress P.W.A. made. Project, Mr. Houghton stated that the School Committee would New High like tc tell the Town Meeting Members that the Selectmen School were in favor of the High School project and wanted the approval of the Board to say so. Mr. Houghton stated that when the School Committee was considering anew High School in July, it talked of constructing a building at an expense of about $300,000. and such a building would accommodate 500 pupils. He stated that every town has to put in some kind of a school project every five years and that Lexington was no different. There are 270 more pupils in the High School than the school was designed ' for. There are 35 pupils in rooms designed for 25 and classes are being held in the auditorium where they should not be held. He stated that the Town would have to build a new High School within three years. He stated that the income received from the out-of-town pupils attending Lexington Schools amounted to $282000. per year and that the cost of taking care of these pupils amounted to not more than $8,000. per year, which meant a4profit of $20,000. per year for Lexington. He stated that if a building were erected at a cost of $3500000. it would mean that the Town would have to pay $1650000. If paid for within ten years, this would mean that the Town would have to pay $16,000. a year on the money borrowed and this amount, plus the interest on same and all incidental costs such as teachers, overhead, etc., would amount to not more than $23,000 or $24,000 per year. If the out-of-town pupils were retained, the Town would be making a profit of $20,000. on them, which would mean that the new school would cost the Town only between $3000 and 44000 per year. The Board agreed with the School Committee that th e present time was the best time to build a new High School in view of the grant which the Government has promised, and that the School Committee would not be as'-ing for a ' new High School if it were not needed. 92. y Mr. James Cavanaugh who operates a taxi in Lex- ington Center, appeared before the Board. He stated ' that on Thursday, October 3rd, he parked his car in front of the Lexington Theater as he had pro*ised to pick up a passenger after the movies. He parked his Cavanaugh car there at 5:05 P.M. and was told that the movies complaint would get out at 5:10 P.M. His car was single parked re arrest. in front of the theater. Officer Lima told Cavanaugh to move and he answered that he was waiting for a passenger and did not move. Lima appeared within a short while and told him to park his car in the cab parking area and to let his passenger walk across the street. Cavanaugh told the Board that he was waiting for Mrs. Locke of Oakland Street who was an elderly lday and did not want to make her cross the street. He therefor did not move and. Lima gave him a ticket and told him that he would have to go to Court on Thursday. The charge was refusing to :Hove. Cavanaugh stated that he and Lima had never got along and he thought that it was a case of spite. Chief Sullivan was requested to appear before the Board and when he did, he stated that he knew nothing of the matter. Chief Sullivan has been away on his vacation and returned only this morning. The Board instructed the Chief to talk with Officer Lima and obtain the facts on the matter and to convey to Lima the feeling of the Board that he had been rather , strict inasmuch as there appeared to be no infraction of the law. George H. B. Green, Jr. of 1377 Mass. Avenue License for appeared before the Board and stated that Mrs. Green booking represented lecturers, musicians, etc., and places them agents. with women's clubs and other orggnizations. Chapter 378 of the Acts of 1935 states that theatrical booking agents and managers must have a license to carry on their business. Mr. Green wanted to know if under this act, Mrs. Green would be required to take out a license. The Board advised him that they would ask the Town Counsel for a ruling on the matter and would advise him. Letter was received from the Health Inspector with regard to the condition of the old barn in the rear of Barn in the Post Office. Mr. Stevenson stated that the building rear of was used as a dumping place for refuse and also as a Post Office. drinking place. He stated that the floor was unsafe and as there were neither doors nor windows, the building was accessible at all times. Mr. Stevenson considered it a fire trap and suggested that the owner be ordered to demolish the building.. The Board voted to refer the matter to the Building Inspector for his attention. 17 A petition was received from the Edison Elea. Ill. Co. -for permission to erect and maintain eight poles on Pole Kendall Road in a southwesterly direction from Marrett Location. Road. The Board voted to grant the petition. Letter was received from the State Commissioner of Public Works in reply to the Board's letter requesting that sidewalks be constructed on Marrett Road and Bedford Street in preference to the Concord Turnpike. The Commissioner's letter stated that the State Dept's. selection of locations for sidewalk construction was limited to State Highways. The Board voted to notify the Commissioner that both Marrett Road and that part of Bedford Street referred to were State Highways. Sidewalk Construe - tion. Letter was received from the Appropriation Committee advising the Board that a meeting of that Committee Meeting. would be held on Wednesday evening, October 9, at 7:30 P.M. to give consideration to the Warrant for the special Town Meeting. Letter was received from Senator David I. Walsh which stated that the writer had made numberous efforts Watertown to have favorable action taken by the National Emergency Arsenal. ' Council on the application for funds for improvements at the Watertown Arsenal, but that the application has been disapproved. Letter was received from Henry F. Long, Tax Commiss- ioner, suggesting that some person be designated whose sole municipal duty should be to care for real estate taken under tax titles and see that it was rented or sold at the earliest possible moment. No action was taken on the matter. Letter was received from the Town Accountant which stated that Dr. Hardcastle had charged $42.50 for anti - rabic treatment in seven cases and that in each of these cases, the doctor had made only 14 visits at $3.00 per visit amounting to $42.00 instead of $42.50. The County Commissioners had therefor disallowed $150 on each one of the seven bills making a total of $3.50 disallowed. Mr. Russell suggested that this amount be abated and the Board voted to approve his recommendation. The Clerk advised the Board that Dr. Hardcastle had reimbursed the Town in the amount of $3.50 which the County had disallowed. Tax Titles Bills for anti -rabic treatment and abatement. Application for a Hairdressing License was received from Anna P. McCormack of 67 Grant Street. Mrs. Hairdressin McCormack is not employed at the present time but wished License. to have her license in case she was offered a position. In view of the fact that Mrs. McCormack is not employed 94 y oil at the present time, the Board voted to deny the application until such time as Mrs. McCormack obtains a position. , Garbage Joseph Walsh of 45 Frank Street was granted License. permission to transport garbage through the Town. Letter was received from the Town Counsel with regard to the Fletcher Avenue crossing, The Board had advised Mr. Wrightington that "the work at Fletcher Avenue had been done as requestedtt. He stated that he Fletcher Ave. knew nothing about such a request or the work referred Crossing. to. His communications had been with Mr. Sawyer of the Legal Department of the Boston and Maine and he has rec- eived warnings for the Town to make other provision for the traffic before the railroad forces its right to close the entire crossing. Mr. Sawyer wished to give the Town sufficient opportunity to make other provision for the traffic and Mr. Wrightington wished to be advised as to the proper length of time that this, would take. The Board voted to request,the Supt. of Public Works to make a study of the situation and see what other provision might be made for the traffic and to request him to report on the matter at the next meeting of the Board. Tax Title Mr. Wrightington requested the Board to sign two ' land. petitions for registration of title to land owned by the To,,+'n and formerly owned by Thomas Cahir and Giovanni Cucinotta. The Board signed both petitions. Letter was received from Eugene L. Morgan which stated that the ..cCIDplaints with regard to the delay in the progrees of the alteration work at Emerson Hall Work at were unfounded. Mr. Morgan stated that he had Stone visited the building nearly every day since Sept. 14th Building. and that the work had progressed rapidly. The plaster work was completed Sept. 27th and required time to dry before the standing finish could be applied. Mr. Black was to start on Monday, Oct. 7th, to finish the reading and living rooms so that they would soon be available for use. Mr. Morgan stated that the heating system had been in use for some time. Architect Letter was received from Eugene L. Morgan for new requesting that he be given consideration as an High School architect on the proposed new High School Building. The Board voted to turn the matter over -to the Building Committee if and when appointed. Commitment of water liens in the amount of $14.42 ' Commitment. was certified by the Board. The following water betterment assessments were ' certified by the Board: - Taft Avenue $136.63 Cary Street - 451.43 Rockville Ave. - 308.70 L n 95 Betterment Assessments. The Board discussed the warrant for the Town Meet- ing to be held on October 21st and voted to include all articles listed with the exception of Article 7 which was to see if the Town would authorize the construction of a bridge over Clematis Brook at Pleasant Street. This article was omitted and the Board signed the Warrant. The Supt. of Public Works requested that John L. Murray, assistant janitor at the Town Office Building, be appointed a Special Police Officer, and the Board voted to make the appointment. The Supt. of Public Works stated that there was not enough money left in his appropriation to complete the year. He needed to purchase requisition blanks and other forms and has had to purchase letter files and a file for the insurance,policies. He requested that the Board authorize the transfer of $75.00 from the. Reserve Fund to the Supt. of Public Works account. The Board voted to authorize the transfer. Mr. Trask reported that he had received a letter from the Board instructing him that in the future all departments were to pay their own compensation insurance. He stated that the Park, Shade Tree and Highway Depart- ment`have no money left with which to pay such insurance this year. However, he reported that there was enough money left in the insurance account to pay for compensation insurance with the exception of approximately $300. The Board instructed him to transfer this amount from the Highway Department Account and that beginning next year, dadh department is to pay its own compensation insurance. Warrant. Special $olice Supt. of Public Work: Account. The Supt. of Public Works reported that the Traffic Rules and Orders had been approved by the'State Dept. of Public Works with the exception of Article 3, Section B relating to parking. That section is to be replaced with the following amendment: ARTICLE III. SECTION 7. (b) Sections 11 and 14 to 18 inclusive relating to parking and Section 30 con- cerning turning shall be effective only duripg such time as official signs are erected and maintained in each block des- ignating the provisions of such sections and located so as to be easily visible to approaching Insurance Traffic Rules and Orders. 96 CTI y drivers. Sufficient number of such signs ow must be provided so that a car cannot be parked in a limited or prohibited parking , place without having the legend side of such a sign, clearly setting forth the parking Traffic Rules regulation thereat, visible from that location. and Orders. The following amendment was also added: SECTION 43. REPEALS OF RULES PREVIOUSLY ADOPTED. All rules previously adopted by the Board of Selectmen of the town for the purpose of governing or restricting traffic are hereby repealed and all other rules or regulations or parts there- of ih conflict with or inconsistent with any provisions of these rules are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any rules or regulations hereby repealed, prior to the taking effect of these rules. The motion was duly made and seconded that the Traffic Rules and Orders be adopted with the amendments as recommended by the State Dept. of Public Works, and it was so voted. ' Mr. Trask reported that Henry Nutt of the Shade Tree Dept. owed a water guaranty on account of which Nutt Mr. Wrightington had threatened to bring suit. Nutt Water earns an average of $22. per week and is financially Guaranty. unable to pay the bill. Messrs. Trask, Garrity and Ross made investigations and recommended that the account be abated. The Board voted to approve the recommendation that Henry Nutt's water guaranty be abated. Mr. Trask read a letter which he had received from Pierce the Donnelly Manufacturing Co. which referred to the Boiler type of valve owned by Mr. Harry W. Pierce of Farm Crest Collapse. Avenue whose boiler had collapsed. The letter stated that this was an H. Gerstein & Sons valve and was made of soft rolled copper without rings. The valves are very unsatisfactory and the unfortunate purchaser of such a value has no redress. Mr. Trask reported that he had been advised by the P.W.A. P.W.A. authorities that all the data for the sewer and Projects. storm water drainage project was to be ready by Oct. 15th. As it was impossible to have this information by this time, no action was taken on the matter. ' Mr. Trask submitted a bill in the amount of $410.00 received from Edward B. O'Connor, electrical contractor, on the Stone Building. The Wire Inspector had requested additional work to be done which cost $20.00 and some extra.work had been done upstairs at a cost of $8.00, making the total extra cost $28.00. The Board voted to approve the bill. Mr. Trask reported that eight or ten families on Farm Crest Avenue were emptying their cesspools into the drain in that vicinity. The Board instructed Mr. Trask to have the drain plugged up just the same. Mr. Trask reported that he had interviewed Mrs. Hatch with regard to land damages. She is very much pleased with the work the Town is doing on the wall and so is willing to withdraw her claim for damages to the wall. She will deduct $100. from her original claim on this account. However, this is all that she will withdraw and will not reduce her original claim arty more. After deducting the $100. item, this means that Mrs. Hatch is willing to settle for $650. but the Board voted not to offer any more than the original offer of $400.00. Mr. Trask reported that he had talked with Mr. J. Alexander Wilson with regard to land damages and although Mr. Wilson will not fight the case, he thinks that $200. is a very small amount of money to be offered him for the land that was taken. However, the Board voted to offer him $200. only for the land taken. Mr. Trask reported that Lucy D. Walsh was satisfied with the damages of $20.00 awarded her. Mr. Trask reported that Patrick J. Shannahan is to appear before the Board at the next meeting to discuss his case. Mr. Trask reported that he had attended a meeting with the County Commissioners to discuss Chapter 90 work for 1936 and had requested the Lincoln Street, Waltham Street and Concord Avenue projects and had included repairs to Woburn Street from the railroad tracks down. He estimated that the work on Woburn Street would cost about $2000.00. Mr. Trask reported that 1r. Frank Shepard of 1386 Mass. Avenue was rendered a water bill in the amount of $90.98 in October of 1933. Mr. Shepard complained of the amount of the bill and the meter was tested and found to be registering acely, but the caretaker on the property stated that a fountain which was removed from the lawn near the house was the cause of a leak in the service. The leak was not noticed until the water appeared on the surface of the ground. The Bill for electrical work at Stone Bldg, Drain on Farm Crest Avenue. Land Damages. Chapter 90 Work. Shepard abatement 98 n Supt. of the Water Depti recommended that an adjustment be made on the following basis. The average bill amounted to $17.77 and this amount deducted from the original bill left a balance of $73.21. He recommended that three quarters of the amount in excess of the average bill be abated and this amounted to $54.81. The Board voted to authorize an abatement in the amount of 454.81 on the account. Mr. Trask reported that he had received a request Street for a street light on Blossom Crest. He stated that Lights. there were no lights whatsoever on the street and he recommended that the installation of the light be authorized and the Board voted to approve his recommendation. Mr. Trask asked the Board what work it wished to Highway authorize to be done with the $5541.00 allotted by the work with Government for work to be done under the supervision of Govt. funds. the State. Mr. Trask recommended that drainage be installed in Bedford Street from Shirley Street to the State Highway line at the railroad tracks. No action was taken on the matter. W.P.A. The Chairman asked Mr. Trask what amount of money funds would be needed for labor and materials on W.P.A. work for the balance of the year, and Mr. Trask stated that $4000.00 would be needed. The Supt. of Public Works reported that*he had been Replacing notified by the Edison Elec. Ill. Co. that the pole on rotten poles. the southeast corner of Elm Avenue and the pole on Hancock Street opposite Elm Avenue were rotted and needed to be replaced. The cost of replacing each 1ole would be $43.83, making a total expenditure of '57.66 . Tnasmuch as there were no funds available for the repairs at the present time, the Board voted to take no action on the matter. The Welfare Agent reported that Ellsworth Webber Webber of 14 Sylvia Street, who had been working for P. J. case. ahannahan, had injured his arm and was at the Symmes Arlington Hospital. His wife had requested that she be aided and Mr. Mitchell recommended that she be aided in the amount of $8.00 per week, and the Board voted to approve his recommendation. Next It was voted to hold the next meeting of the Board Meeting. on Monday, Oct. 14th, instead of Tuesday, Oct. 15th. The meeting adjourned at 12:50 A.M', A true record, Attest: Clerk. cam'__