HomeMy WebLinkAbout1935-11-12 140 01
SET,RCTMEN ►S MEETING
NOV. 12, 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, Lyons and Potter were
present . The Clerk was also present.
At 7 30 P.M. Mr. Wrightington and Mr. Longbottom
appeared before the Board to discuss granting of a
license to keep a horse in a residential district.
Mr. Wrightington stated that an his opinion a
Opinion stable in an R.l District would come under an accessory
re Private use - the same as a henhouse, dog house or pigeon house.
Stables. He thought that a private stable would really come under
the same category as a private garage.
Mr. Longbottom thought that under the Zoning Laws,
section 9 (g) it would not be permitted as that section
says in part that "a Board of Appeals hearing may be
held to permit in any district any use obviously intend-
ed but which has not been specifically mentioned".
Mr. Wrightington stated that he thought that that
section of the Zoning Law had been inserted to take care
of anything that had been omitted from the Zoning Laws
and would rot refer to the maintenance of a private
stable. He also thought that "a stable" as referred to
in the Zoning Law and the Board of Health Regulations
meant a commercial stable and not a private stable.
Mr. Longbottom stated that he had received an
Driscoll application from Mrs . William H. Driscoll of Winthrop
stable. Road for a permit to make an addition to her barn for
the purpose of keeping two horses and that he had not
granted the permit .
The Board felt that it would be all right for him
to grant permit provided the work was done in accordance
with the Building Laws .
The Board instructed the Clerk to advise i'lr. James
Brown E. Brown of 450 'Valtham Street that he would be given a
stable. permit to keen a horse when he had disposed of the
pigeons he is now keeping and had provided a suitable
place to keep the horse.
The Town Counsel reported that he had been unable
to get a restraint order on the erection of the bill-
board on the property at the corner of Marrett Road and
Waltham Street owned by the Medford Trust Company. Mr.
Roy Wilkins is the attorney for the Donnelly Advertising
Co. who own the sign, and Mr. Wrightington called at his
office and asked him if he would accept service, and Mr.
Wilkins said that he would. Mr. Wilkins called Mr.
Wrightington later and said that he could not accept
service as Judge Maloney of Ayer was going to handle the
case. Mr. Wrightington called Judge Maloney who said
141
that he would get in touch with the men working on the
billboard and tell them to stop work but that evidently
this had not been done. It seems that the billboard is
on the land which was taken over by the Medford Trust Co.
and there was some argument over the rent of the land
between the bank and the Donnelly Company and as a result
the bank tore down the billboard. A new one has since Donnelly
been erected and T.rs . Hinckley of Tularrett Road, the person bill-
who made a complaint on the matter, stated that she be- board
lieved that it was larger than the original billboard, and case.
Mr. Longbottom stated that ne thought that it was about a
third larger. As yet there has been no advertisement
placed on the billboard. Shortly after Judge Maloney had
taken over the case, Mr. Edward Donnelly returned from
his honeymoon in Hawaii and decided that he wanted Mr.
Wilkins to handle the case and Wilkins accepted service.
Mr. Wrightington stated that Wilkins did not want him to
try this case as he has some other cases in other towns
before the Supreme Court and Mr. Wrightington advised him
that he would decide if he would try the case when he had
received an answer to his service. Mr. Wrightington
thought that it would not cost very much to try the case
in the lower Court but there was no doubt that the
Donnellyt -would carry the matter to the Supreme Court.
Mr. Lyons thought that the Town Counsel should go
ahead and prosecute the case.
The motion was duly made and seconded that the Town
Counsel be instructed to prosecute the case as quickly as
possible and it was so voted.
Mr. Lyons stated that he had received a complaint
with regard to the junk yard on Sylvia Street maintained
by Leo A. Boynton. Boynton
The Huilding Inspector stated that Boynton had Junk
applied for a permit to rebuild hLs two car garage which Yard.
icas burned a few weeks ago and he had refused the permit.
Mr. Lyons stated that Mr. Zacharias, the person who
had complained to him, was going to be represented by
counsel at next Tuesday evening's meeting to discuss the
matter.
The Town Counsel stated that upon receipt of the
Board' s letter in regard to the nuisance at the Koines
property at 1404 Mass . Avenue, he had written to Koines, Koines
who telephoned him and stated that he was willing to con- case.
nect with the sewer but that he wanted his own contractor
to do the work. Yr. Wrightington talked with Supt. Ross
of the Sewer Dept. who stated that the pipe would have
to be laid by the Town men as this had always been the
custom although there was no regulation covering the same.
Mr. Trask had suggested that if Moines wished to do his
own work and pay a town inspector to supervise it, that
it would be all right. Mr. Ross figures that it would
cost $8.00 per day for an inspector. Mr. Wrightington
stated that Moines could be compelled to connect with the
sewer under the Board of Health Regulations, and he sug-
142 cs�
gested that the Board sign a formal order and have it
served by a Constable.
The Board voted to sign such an order and to have
it served by a Constable the next day and voted to order
that the work be started on or before November 18th, 1935
and continued until completion.
The Board discussed the Meadows case with the Town
Counsel and told him that although Warren Meadows had
Meadows been assigned to the North Reading Sanatorium that his
T.B. case. mother had refused to let him go. Mr. Nrightington stated
that he believed that the Law provided that a person might
be moved to a hospital or sanatorium but that he could not
be forced to remain there. He thought that it would be
necessary to obtain a warrant at ,Confcord before removal
could be enforced and that he believed that it would be
necessary to obtain the assent of the Board of Health of
Redding first inasmuch as the child had been assigned to
the North Reading Sanatorium. He stated that he would con-
tact the State Board of Health in the morning and would ad-
vise the Board in the matter.
At 8 05 P.M. hearing was declared open on the applica-
tion of Harry E. Johnson for permission to erect a one car
Johnson garage at lot #33 Cary Street. No persons appeared in
garage favor of the annlication. Mr. & Mrs . L. V. Hedburg and a
hearing Mrs. May appeared to find out where the garage was to be
located. When they were advised that it was to be erected
on lot 33, they offered no objection.
Upon motion duly made and seconded it was voted to
deny the permit inasmuchas the ap'licant did not appear.
At 8 10 P .M. hearing was declared open on the applica-
tion of Harry E Johnson for permission to maintain a one
Johnson car garage at lot #37 Cary Street. No persons appeared in
garage favor. Mr. and Mrs . L. V. Hedburg and a Mrs . May appeared
hearing. to find out where the garage was to be located. When they
were advised that it was to be erected on lot 37, they
offered no objection.
Upon motion duly made and seconded it was voted to
deny the permit inasmuch as the applicant did not appear.
At 8: 90 P P. . hearing was declared open on the applica-
tion of Elizabeth F. Hamlin for permission to maintain a
Hamlin one car garage at lot 35 & 36 Gleason Road. Mr. Hamlin
' garage. appeared and presented plan of the proposed garage. 1\r.
Willis F. Hall who owns three lots of land near Hamlin' s
lot appeared to find out where the garage was to be erected
and after he saw the plan, he stated that he would not
object. The Board therefor voted to grant the permit
subject to the approval of the Building Inspector.
At 8 15 P.M. hearing was declared open on the applica-
Willis tion of Charles Y. Willis for permission to maintain a two
garage. car garage at 21 Colony Road. Mr. Willis appeared and
presented plan of the proposed garage. No persons appeared
in opposition and it was voted to grant the permit subject
to the approval of the Building Inspector.
143
At 8 20 P.M. hearing was declared open on the applica-
tion of the Edison Elec. Ill. Co. for permssion to erect
and maintain six poles on Tarrett Road from the Martin
farm in an northwesterly direction.
Mr. W. H. Odell, representing the Edison Co. appeared
in favor of the application and Mr. Toros Bashian appeared
in opposition. The notice of the hearing was read by the Pole
Chairman. location,
Mr. Odell stated that the poles are eight feet out- Marrett
side of the property line and that no poles nor wires are Road.
to b e on private land.
Mr. Bashian stated that he was objecting because his
brother, Mr. Bedros Bashian, was ill in the hospital and
therefor unable to appear at the hearing. He asked that
the hearing be postponed.
The Chairman stated that it would be impossible to
postpone the hearing and asked Mr. Bashian if he had been
authorized by his brother to voice any particular objection
to the petition. Mr. Bashian stated that he was not but
that he was merely objecting because his brother was unable
to attend.
The Chairman stated that that was no real objection
and declared the hearing closed. Mr. Odell and Mr Bashian
retired.
Upon motion duly made and seconded, the Board voted to
grant the permit.
Mr. Franklin W Coleman appeared before the Board and
stated that he shouldhave appeared at last week's meeting Steeves
to present a plan of the Steeves garage which Is to be Garage
erected at Grassland Street, but that he had forgotten all hearing.
about it. He presented the plan of the proposed garage,
and the Board voted to grant the permit subject to the
approval of the Building Inspector.
The Chairman stated that when Congresswoman Edith
Nourse Rogers was here last week, he had spoken to her
about an extension of time on the P.W.A. projects which P.W.A.
are to be voted upon next week. A telegram had been projects.
received from Mrs . Rogers which stated that it was impos-
sible to grant the town's request for an extension of
time beyond December 15th for filing the contracts, and
it urged that the Town do everything possible to execute
at least one contract on each project by that time if the
referendum authorized the acceptance of the Government
offers.
Letter was received from the Town Counsel with regard
to the Ryder health menace on Waltham Street, which stated Ryder
that the Board of Health might order the owner to remove health
the nuisance and that the order must be in writing and menace.
served by any person authorized tos erve civil processes.
If the owner failed to comply with the order, the Board
might cause the nuisance to be removed and charge the
expense incurred thereby to the person causing the
nuisance.
' 144 v,
The Clerk reported that Mr. Ryder had taken steps to 1:t+
abate the nuisance by covering the ground with gravel and
cleaning up the floor of the building used for the washing
Ryder of garbage cans and that apparently the matter was being
health taken care of satisfactorily.
menace. The Chairman asked the Town Counsel what the procedure
would be to stop the Ryders from washing the garbage cans
on the premises. He stated that the Ryders had been for-
bidden to conduct a piggery business on 17altham Street and
he thought that the washing of the cans was a business
accessory to the piggery business and that it should not
be allowed in a residential zone.
The Town Counsel stated that the next step would be
for the Building and Health Inspectors to go over to the
property and get evidence as to the number of trucks being
used and the number of men actually working there.
The Board voted to instruct the two inspectors to get
such evidence and report at the next meeting of the Board.
Mr. Wrightington stated that the Ryder drainage ease
was scheduled to start on Monday, November 18th and that
Ryder the Ryder Tax Title cases were scheduled for Friday,
drainage November 22nd. Mr. Wrightington has requested that the
case & drainage case be suspended on November 22nd so that the
tax Tax Title foreclosure cases might be tried. He stated that
title there were 14 tax titles sent to h__m and that one was no
cases. good and there are three others which are probably bad.
The descriptions which were given for the tax sales omitted
some conveyances which made the sales defective.
Mr. Wrightington stated that Mr. Raymond of Metcalf &
Eddy was supposed to be in Lexington about a month ago but
that he was just getting around to coming out here. The
Town Counsel explained the Ryder drainage case to him and
told him to get in touch with the Town Engineer on the
matter. He did not think that it would be necessary for
Mr. Raymond to be in Court all the time. Metcalf & Eddy
will not charge the fee for ordinary Court work but will
charge at the rate which is being paid for work being
done by them in Lexincton. Mr. Raymond had been doing
some work for Eldridge Anderson' s office and they had
requested him to serve as an expert in the Ryder drainage
case but he told them that he had already been retained
by the Town of Lexington.
The Town Counsel stated that he believed that the
Town was going to be defeated in the Ross case. When the
Ross case was tried, Mr. Scamman testified that he never made a
case. record of orders for work such as A. Ross & Son had done
and that when the work was completed the bills were present-
ed but that he had mislaid them and consequently forgot
about them. He stated that about a couple of years later,
the Ross concern had a large contract and needed some money
so he paid them 1400.00. Mr. Wrightington stated that
there seemed to re some question in Judge Wilson's mind as
to who should reimburse Mr. Seaman and that decision in
the case had not been made. Mr. Wrightington stated that
when the Town pays Ross it should stipulate that Mr.
145
Scamman is to beP aid his '400.00.
Letter was received from the Town Counsel with regard
to the Anna Korman water guaranty. Mr. Wrightington had Korman
obtained judgment and started preliminary proceedin, s Water
against Mrs. Korman . Judge Northrup appeared for her and Guaranty.
made an offer of settlement for $125.00 of which $50.00 is
to be paid in December and the balance in three monthly
payments of $25.00 each. Mr . Wrightington recommended this
settlement and the Board voted to approve his recommendation.
Mr. Wrightington stated that one James McGann owing a McGann
water guaranty in the Lexington Farms Development had re- Water
tained an attorney and that the attorney was supposed to Guaranty
appear before the 1-'pard at to-night's meeting. However,
the attorney did not appear.
The Board voted to establish the following rates of Pay for
pay for the Election Officers who are to serve at the Election
Special Election on Monday, Yovember 18th Wardens - 011.00; Officers,
all other election officers - $7.00; Charles Moloy, Constable,
$6.00.
A notice was received to the effect that Mr. Fred B. Teller
Bartlett of 104 Bedford Street was unable to serve as Teller in
in Precinct Four '-ecause of ill health. The Board therefor Precinct
voted to appoint Charles P. McEnroe of Cedar Street as Four.
Teller in Precinct Four for the ensuing year.
The E.R.A. report for the week ending Nov . 7th was E.R.A.
received and approved. Report.
Letter was received from the Town Counsel asking if Kelley &
there was anything more for him to do in the case of claims McKenzie
of the Town against John ircvenzie and Paul Kelley. The claims.
Clerk reported that both had been making weekly payments
and therefor nothing more was to be done .
The letter also stated that the Town Counsel had re-
ceived no answer to his demand on Yrs . Withal G. Collins Collins
and he stated that he would have to bring suit. claim.
The Board felt that inasmuch as Mr. Collins is receiv-
ing Soldiers ' Relief, it would be useless to bring suit,
and it was therefor voted to abate the charge against Mrs.
William G. Collins .
Letter was received from the State Dept . of Public
Works which stated that snow would be cleared from the Snow
follow ng streets for the year December 1, 1935 to December ',Removal
1936
Auto Route No. From to Length (Miles )
in
2 Entire Length 3.65
2-A All State Highway 5.28
4 Bedford line S.Elly 1.52
128 Woburn line Wtly .34
2-A State Highway State Highway .20
146 y
CD
Letter Letter was received from Congresswoman Edith Mourse
of Rogers thanking the Board for the use of the Selectmen' s
thanks . Room on Monday, November 4th.
An application for a license to peddle was received
Peddler ' s from W. F. Sanborn of Burlington Street The Chairman
License. read a statement of character which had been received from
the Chief of Police which stated that Sanborn had an
excellent reputation.
The Board voted to sign the aprlication.
The Board signed an order for the construction of a
Sewer sewer in Eustis Street, from a point about sixty feet
Order southeasterly of Bloomfield Street for a distance of
ap-roximately 190 feet as follows
COI MOT?WEALTE OF MASSACHUSETTS
Middlesex, ss. Town of Lexington.
WHEREAS, the Town of Lexington at a Town Meeting duly
called and held on October 21st, 1935, duly adopted under
Article 4 of the Warrant the following vote:
"Voted that the sum of $1200.00 be transferred from
the Sewer Assessment Fund to the Sewer Construction Sundry
Streets Account", and at a meeting of the Board of Selectmen
held on October 22, 1935 it was voted to authorize the
extension of the sewer in Eustis Street for a distance of
190 feet under the provisions of General Laws, Chapter 60,
Voted By the Selectmen, acting as a Board of Water
and Sewer Commissioners under the authority conferred by
Statute 1897, Chapter 504 and Acts in amendment thereof
and in addition thereto, and of votes of the Town of
Lexington pursuant thereto, that a sewer be constructed in
Eustis Street, from a point about sixty feet southeasterly
of Bloomfield Street for a distance of approximately 190
feet, substantially in accordance with plan made by John T.
Cosgrove, Town Engineer, dated Oct. 24, 1935 and entitled,
"Plan of Proposed Sewer in Eustis Street, Lexington, Mass.,
Scale 1 in. - 40 ft. , Oct. 24, 1935, John T. Cosgrove, Town
Engineer".
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 221 of the Acts
of 1926.
The area which it is expected will receive benefit or
advantage other than the general advantage to the community
from such improvement is described as follows
That portion of those properties on each side of
Eustis Street from a point about 60 feet southeasterly of
Bloomfield Street for a distance of approximately 190 feet
southeasterly.
147
The said area comprises the several lots shown upon
the plan hereinbefore referred to which are designated in
the schedule hereto annexed and made a part hereof.
We estimate the betterments that will be assessed upon
each parcel of land to be as shown in the schedule which is
hereto annexed and made a part hereof.
Witness our hands at Lexington aforesaid this twelfth
day of November, 1935.
Charles E. Ferguson SELF'CTMEN
John A. Lyons OF
illiam G. Potter LEXINGTON
COMM3ONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
Nov. 12th, 1935.
Then personally appeared the above named Charles E.
Ferguson, William G. Potter and John A. Lyons, and severally
acknowledged the foregoing instrument and statement by them
subscribed to be their free act and deed and the free act
and deed of the ' oard of 'Mater and Sewer Commissioners of
the Town of Lexington, before me,
Robert P. Trask
Notary Public.
SCHEDULE OF ESTIMATED BETTERMENTS REFERRED
TO IN THE FOREGOING ORDER.
EUSTIS STREET.
(From a point about 60 feet southeasterly of Bloomfield
Street for a distance of approximately 190 feet
southeasterly) .
Owner as of January 1, 1935. Assessment .
Edith R. Pierce $200.00
Bertha M. Trenholm 180.00
Water Department abatements in the amount of $531.99 Abatements
were signed by the Board.
II
The following commitments were signed:
Miscellaneous Water charges607.65
Water rates 54.80 Commitments.
Water Services 41.00
148 01
H
The Supt. of Public Works recommended that a street
Street light be installed on Wood Street near the residence of
Light . Frank Maguire and the Board voted to approve his rec-
ommendation.
Mr. Trask reported that there was approximately
Library $600.00 left in the Library Account and that there was
repairs. enough money to put in a floor n the mainlibrary and to
make the necessary repairs at the Brancirary .
The Board authorized the Supt. of Public Works to have
the repairs work done in the Branch Library.
The Supt. of Public Works reported that he had talked
Ahern & with John Pichette with regard to the Ahern & Pichette
Pichette water guaranty. The bond was signed by Timothy O 'Connor
water and not by Ahern Pichette. However, Pichette offered to
guaranty. pay $45. if the Town would abate the balance.
The Board voted to settle the matter for $45.00 and to
abate the balance.
Stevens The Supt. of Public Works reported that $151.00 had
guaranty. been collected from R. H. Stevens on a water Guaranty.
The Supt. of Public Works reported that he did not
Fuller, see how Mr. Harry L. Fuller 's property at the corner of
bus stop. Mass. Avenue and Slocum Road was being damaged by people
waiting for the bus . The school busses are still stopping
on the other corner of Slocum Road.
No action was taken on the matter.
The Supt . of Public Works reported that he had looked
at the dump on Rindge Avenue and did not think that it was
Dump on in a very bad condition. He stated that he had not seen
Rindge any "no dumping" signs, and the Board thought that he had
Avenue. not gone to the right location as the Health Inspector had
reported that "no dumping" signs had been erected.
It was decided to hold the matter over another week so
that Mr. Trask could talk the matter over with Mr. Stevenson.
Sewer, The Supt of Public Works reported that Mr. Wiggins of
I Wiggins Bow Street had decided that he could not afford to connect
with the sewer.
The Chairman asked Mr. Trask when work is going to be
Clematis started again on Clematis Brook and he replied that it
Brook. would be when the shovel work was completed on Mill Brook.
W.P.A. The Supt. of Public Works reported that the approval of
Linc. St. the Lincoln Street W.L.A. project had been received.
Mr. Potter asked when the snow fence was to be put up
Snow and P, . Trask replied that it would be around December 1st.
fence at Mr. Potter inquired if some snow fence could not be erected
Parker at either end of Parker Field so that there would be only
Field. a small entrance for persons to go through to attend the
Concord-Lexington football game on Thanksgiving. The pur-
pose would be to collect from all persons attending the
game.
The Board voted to instruct the SuPt. of Public Works
149
to put up such a fence.
The Board voted to grant permission to the Edison Elec. Joint
Ill. Co. and the New Eng. Tel. ° Tel. for a joint location Pole
of six poles on Farm Crest Avenue, southeasterly from Waltham Locatio
Street and seven poles on Farm Crest Ave. , Northwesterly from ns.
Allen Street; six poles on Eaton Road, between Bertwell and
Blake Roads ; three poles on Blake Road, between Eaton and
Simonds Rds .
The Welfare Agent appeared before the Board and stated
that he would like to have an assistant for approximately Ass 't for
three months to go out and investigate every welfare case. Welfare
He stated that the Town had paid Miss Chapin amd Miss
Harrington 125.00 per week and he thought he would have to
pay someone else the same amount.
The Board voted to take no action on the matter until
next week when the two new members will be present.
The Chairman asked Mr. Mitchell if other cities and
towns were devising any new methods for taking care of the
people on Welfare. He stated that at a recent meeting of Methods
the Appropriation Committee there was considerable talk of to
appointing a committee to devise ways of cutting down wel- decrease
fare expenses. The Chairman asked Mr. Mitchell if he had Welfare
any recommendations to make and Mr. Mitchell stated that he Aid.
did not and that the only wav welfare expenditures could be
reduced would be to provide work. He thought that it
would be a good idea for the Town to do a considerable
amount of work on the Water, Sewer and Highway Departments
and to employ the men now on Welfare . The Chairman asked
what percentage of the men on Welfare would be able to do
the work and Mr. Mitchell stated that all able-bodied men
were working on W.P.A.
The Welfare Agent reported that Willena MacDonald of MacDonald
Oakland Avenue, who has been receiving aid, was sent to case.
the hospital this morning.
The Welfare Arent reported that Harry Green and family
of 24 Bedford Street, have been receiving aid. Last week Green
Thomas Green, age 14, contracted pneumonia and died and he case.
was buried to-day in the Town lot . Mr. Mitchell recommend-
ed that the Board allow the usual 150.00 for burial expenses
and the Board voted to approve the recommendation.
The Welfare Agent reported that Norman J. Pero and
Kenneth Dow, the two boys who have been released from the Dow &
Middlesex County Sanatorium and are living at Mrs. Pero 's, Pero
are in need of clothes. The motion was duly made and clothes .
seconded that the matter of purchasing of the clothes be
left to the discreti6n of the Welfare Agent, and it was so
voted.
150 01
The "Yelfare Agent reported that the Carr family who $
Carr had been living in Mrs . Leary' s house on Hayes Lane had been
family. evicted and that he had sent them over to the Malden
Infirmary as no one here would take the family as tenants.
This is an unsettled case, but the Town will have to take
Care of the family until the State is ready to take them
over. Mr . Litchell reported that he did not know just What the
cos of keeping the family at Malden would be.
The meeting adjourned at 10 30 P .M.
A true record, Attest
/6-44
Clerk,