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HomeMy WebLinkAbout1936-10-20 92 c-� SELECTMEN'S Meta'ING OCT. 20, 1936. A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building at 7:30 P.M. Chair- man Ferguson, Messrs . Potter, Giroux, Clark and Ross were present. The Clark was also present. At 8:00 P.M. hearing was declared open on the appli- Andrews cation of George J. Andrews for permission to maintain a Garage two car garage at 44 Robinson Road. Mr. Andrews appeared Hearing. and presented plan of the proposed garage. No persons appeared in opposition. Mr. Clark moved that the permit be granted sub3eeb to the approval of the Building Inspector. Mr. Giroux seconded the motion and it was so voted. Meeting Mr. Ross moved that the regular weekly meeting be held next week. on November 2nd rather than on November 3rd, Election Day. Mr. Clark seconded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the appli- cation of the New Eng. Tel. & Tel . Co. and the Edison Elec. Ill. Co. to locate six poles on the southerly and southeasterly side of Blossom Street commencing at a point approximately 45.5 easterly from Waltham Street and extend- ing easterly and northeasterly. Mr. N. H. Busby of the New Eng. Tel. & Tel. Co. appeared in favor of the petition. He stated that these poles were erected in 1935. The building of the new Concord Turnpike made a great deal of extra work and ex- pense for the Telephone Go. and there was so much work involved, that they got behind in it and they just got around to sending out petitions for pole locations. Mr. John F. Daly, who owns property at the corner of Blossom Street and Waltham Street, stated that he did not think the poles had already been installed. Mr. Busby said that they were forced to install the poles whenever the State told them do to it and that this hearing was being held to valididate the locations. Mr. Daly asked if this was a correct proceeding. The Chair- man stated that this was contrary to Law and the hearing should be held before the poles were located. Mr. Daly stated that the notice said that hearing was to be held on the location of poles and he believed that they would be new poles. He went over to the location tonight and was amazed to find the poles there already erected and he thought that as a taxpayer he should have been notified before the poles were erected. The Chairman told Mr. Daly that this hearing was being held so that he or any other abutter could object if they did not approve of the location of the poles. Daly asked why that side of the 93 street was selected, and Mr. Busby said that it was probably 11 because the engineers of his company and the E.E.I.Co. thought it was the best side of the street for them. The Chairman said that he had the same right to object to the location of the poles that he had before the poles were set. Mr. Daly said that the poles were not conducive to the value of the property and repeated that he did not Hearing think this was a correct procedure. Mr. Busby asked Mr. on pole Daly if he had any objection to the present location of location the poles and offered to go to the site in question and if Daly did have any objection, he said that his company would be glad to rectify it. Mr. Busby said that they never knew What location's they were going to get but they always tried to put the poles as near the lot line as possible. Mr. Clark asked why the petition had not come in sooner and Mr. Busby replied that the Telphone Co. had thousands of poles to relocate and they did not have time to get all the petitions in. He said that they were "under pressure" from the State. Mr. Daly said that he did not approve of the location of the poles as they now are and he thought that they would be better in some other location and felt that they were a detriment to his property. The Chairman suggested that Mr. Daly go to the locus in question with Mr. Busby, the Town Engineer and the engineer of the Edison Elec. Ill. Co. and see if they could find a remedy to Mr. Daly's objections. This was agreeable to Mr. Daly and he retired. At 8:15 P.M., hearing was declared open on the appli- cation of Calvin W. Childs for permission to maintain a gasoline filling station with six underground tanks with a capacity of 5,000 gallons each at the property located at the junction of Watertown Street and the new Concord Turnpike. This was a joint hearing before the Board of Childs Appeals and the Board of Selectmen. gasoline Chairman Maddison, Mr. Glynn, Mr. Robbins and Assoc . filling Member Lyons were present and also Mr. Ferguson, who is a station member of the Board of Appeals as well as Chairman of the hearing. Board of Selectmen. The Selectmen's notice of the hearing was read by the Chairman. The Board of Appeals notice of the hearing was read by the Clerk, Mr. Robbins. Calvin W. Childs stated that he was desirous of erecting a filling station and would like a permit to store gasoline. He has requested permission for six 5,000 gallon tanks and planned to have five pumps and thought it would be better to install six tanks in case he should want to add another pump later on. Mr. Glynn asked Mr. Childs if he would own the whole piece of land as a C.l District and Mr. Childs replied in the affirmative. Mr. Maddison stated that the hearing 94 before the Board of Appeals was to see whether or not the Zoning Law would be waived so as to permit the maintenance of a gasoline filling station. Mr. Glynn asked Mr. Childs if he contemplated any other use for the land other than for the erection of a filling station and he said that he did not. Mr. Glynn asked Mr. Childs if he would be willing to sign an agreement with the abutters Cbuch as the Town Counsel might draw up to the effect that he would not use any of the parcel in question for any other business save that of a gasoline filling station if he received a permit. Mr. Childs stated that signing such an agreement might involve a great many complications and he did not want to say now that he would sign such an agreement. Mr. Neil H. Borden stated that he had called Mr. Childs and the question he put to him was, if the. Town should adopt a Zoning By- law for a ga soline zone such as outlined in the report of the Planning Board., wouldche be willing to have his property come under such a zone and be classed as a C.2 district. Mr. Glynn said that Mr. Child's land was now the same as any business district in the Town but that a filling station was not allowed except upon the granting of a permit by the Board of Appeals, and the question now was whether or not it would be better for the Town to limit the property for the use of a filling station. Mr. Borden said that he felt sorry to see a filling station erected in front of his house but the Town Meeting had voted to change the property to a business zone., and he did not try to go against that. He would, however, be very sorry to see this land being used for some sort of a stand, but Mr. Childs has given his word that a filling station is what he is going to erect. He said that at the present time there is no protection for the future. He said that he had asked Mr. Childs if he would be willing to have the property changed to a C.2 zone,if such a zone were put through, but there were two or three problems such as: Will the town accept the Planning Board's re- commendation for a C..2 zone; and Mr. Childs does not feel sure that he wants to commit himself by agreeing to put his property in such a zone when such a by-law would be a new thing and might not be valid. He said that Mr. George Norton and himself were affected most and that they would lose money now if they tried to dispose of their property as a gasoline filling station adversely affects any property. Mr. Borden said that he would be very happy to see an arrangement made such as that suggested by Mr. Glynn.. Mr. Maddison asked Mr. Childs to think the matter over as the Board of Appeals could not make any decision until the change in the Zoning Law went into effect. Mr. Lyons asked Mr. Childs if he understood what the Board of Appeals was asking. He said that the Board of Appeals had the right to allow or disallow a filling station. They can grant it with certain conditions such as upon consideration of the granting of the filling station 95 he would agree with the other abutting owners that his land would not be used for other than the sale of gas- oline and motor oils. Mr. Childs said that he did not know anything of law and for that reason had always put his affairs into the hands of Johnson, Clapp and Underwood. They drew up the contract and lease for this property and he would want to take up this matter with them before signing an agreement. The lease is a contract of purchase . Mr. C. A. Whipple said that if Mr. Childs did sign such an agreement other zoning changes might go through later on and the other abutters might erect roadside stands, etc. but Childs would be forever bound. Mr. Lyons said that the abutters could agree with Mr. Childs that they would not erect such stands aid that such details could be worked out. Mr. Arthur F. Mason of Watertown Street stated that he was representing Mr. Norton of the Peacock Farm. He said that Mr. Norton was quite disturbed about the erection of a filling station. He said that Mr. Childs approached Norton and inasmuch as he did not want to turn him down, he signed the petition in favor of the filling station but after signing it he thought it over and was sorry that he had done it and then he had Mr. Mason appear for him before the Planning Board to make it known that he was opposed to the filling station. At the Town Meeting, Mr. Child's attorney made a statement to the effect that Mr. Norton was not opposed to the filling station but that was not correct. He is opposed to it. Mr. Norton has lived here for thirty-five years and this station is to be built opposite his land. He thought that both Mr. Norton and Mr. Borddn should be considered more than aiyone in town. The Town would not benefit to the extent that they will lose on the valuation of their property. He thought the matter should be reconsidered in fairness to the people interested and thought that the petition should be turned down. He thought that a business center should not be started at that point. Mr. Glynn reminded Mr. Mason that the business district at the present time was an accomplished fact as the Town has voted on it and anything can be placed on the property that can be placed in any business area. He asked Mr. Mason if he or Mr. Norton would prefer stores or stands in preference to the filling station Mr. Childs proposed. Mr. Mason said that they would prefer a filling station. Mr. Ferguson asked Mr. Mason if he understood that a Dutchland Farms or any kind of a stand could be erected on the property as it is now and he said that he did. Mrs. Sarah Cutler of Concord Avenue asked if it was proper for the Town to change the Zoning Law upon petition of a person who does not own the property in question. Mr. Giroux said that he had taken this matter up with the Town Counsel and was advised that there was no necessity for the change to be petitioned for by the owner. Mr. Maddiso n informed the gathering that the Board of Appeals meeting would be adjourned for three weeks and the hearing was declared closed at 9:00 P.M. 96 3 [�J Letter was received from Mr. Raymond quoting from a letter received from the Town Counsel with regard to the McIntosh drain. He said that if the construction was private and not by the Town, the Town was not liable for trespass or negligence in its construction, but the Town has no right to continue to use it without acquiring that right. The Town may be liable if it discharges into it water which it will not carry whether that is because it originally was too small or bedause it is now obstructed. If the Town collects street water and discharges it through McIntosh the pipe on the McIntosh easement through a receptacle that drain will not receive it because of obstruction in it or if the town .discharges debris into the old stone drain so as to cause obstruction and damage results to an abutter, the Town may be liable unless it escapes on the grounds that the negligence was that of road commissioners in which case they would be individually liable or on the ground that the plaintiff, by some agreement with the Town, is prevented from suing. The Town has not any right under its easement to trespass on the land of McIntosh or others to remove obstructions from the old stone drain but the Town would have a right to do that with the permission of the owner if the Town. is using the drain for town purposes such as the discharge of street surface water. In other words, the Board must consider not merely the right to enter as against the owner, but also the question whether the town can spend money on private land. Mr. Wrightington thought the Town could spend money to repair a drain which, by permission, it is using not for the benefit of the abutter or owner but for the benefit of the town in carrying off street water. Mr. Raymond said that he thought the best thing to do would be to replace the drain w ith a pipe and he did not think that it would do any good to clean out the drain. It would cost about $1,000. to install pipe. Mr. Clark moved that the matter be turned over to the Supt. of Public Works for further study and recommendation. Mr. Giroux seconddd the motion and it was so voted. Estimates The Supt. of Public Works submitted rough estimates of for 1937. construction work planned for 1937. The Chairman suggested that he mark these estimates in accordance with their importance. The Supt. of Public Works stated that Michael Shea of Westminster Avenue had talked with him about the necessity Town of employing a Town Painter. Mr. Shea cited several Painter things that such an employee might do. Mr. Raymond read a list of painting work to be done for the Park Depart- ment. Mr. Shea thought that if a Town Painter were employed he should receive $27.50 per week to start and the work that he would be doing this fall would require $25. or $30. worth of equipment not including the paint. Mr. Ross asked if there were any funds airailable for the employment of such a man this year and Mr. R er mond 97 stated that he did not know of any. Mr. Ross stated I • that he thought it was a good idea to have a man such as that on the payroll. Mr. Ferguson stated that if it was a question of doing this type of work and it was necessary, it was something the regular employees could do. Mr. Raymond said that the painting work was not done this year. It was left that Mr. Raymond was to study the matter and make recommendations on it when submitting his budget for next yea. . - Letter was received from the Supt. of Public Works stating that three separate blasts had been set off in the Mill Brook channel. The work of excavating was entirely Blasting satisfactory and in accordance with the predictions as made on Mill by the DuPont explosive expert. However, notification was Brook. received through the Arlington Police that many reports were coming in on account of loud concussions, cracked ceilings and frightened people. In Mr. Raymond's judgment, this method of excavating will not be satisfactory. in Lexington when there is much of a wind blowing since the air concussion or shock is transmitted in the direction of the wind in a very sharp and disturbing manner. It also appears to result in damage to ceilings. To date no com- plaints have been received from Lexington people. Mr. Raymond said that later on if the Board approved, he would like to try the blasting method of excavating on Clematis Brook when atmospheric conditions were most favorable. Mr. Ross moved that Fire insurance policy under blanket schedule in the amount of $10,000. expiring Nov. 6th through the office of George W. Taylor and Son be renewed Insurance through the same office for a period of five years. Mr. Giroux seconded the motion and it was so voted. Mr. Clark moved that fire insurance policy under blanket schedule in the amount of $20,000. expiring on November 6th through the office of Harry E Stone be renewed through the same office for a period of five years. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that he had received a letter from the Supt. of the Park Division asking if it was his intention to use the Park Department V-8 truck for snow removal work. Park Dept. Mr. Garrity thought it would be a hardship if the truck Truck. were usedf or this purpose as he has two additional skating rinks to take care of and thought that there was enough work in his Department for his truck. Mr. Clark stated that he thought this was a detail that should be worked out by Mr. Raymond and Mr. Garrity. Mr. Raymond said that he did not see why the recommends- tions of Mr. Hill regarding sprinkler insurance should not be followed. Mr. Clark moved that Mr. Hill 's recommendations be followed and the following policies renewed: 98 171 Sprinkler Town Hall Building - $3,875.00 - 5% coinsurance - 5 yrs. insurance. Town Hall Contents - 2,400.00 - 15% " - 5 yrs. Cary Mem. Contents - 3,400.00 - 25% " - 5 yrs. Mr. Giroux seconded the motion and it was so voted. The Chairman asked if the insurance was under-estimated Insurance this year. Mr. Raypond said that as far as he chould make for 1937. out, compensation insurance was forgotten on everything but the Park Department and Water Maihtenance. Mr. Raymond said that compensation insurance should be charged to t he construction jobs and not to the maintenance accounts and the Chairman said that he thought it would be best to have a separate appropriation. Mr. Giroux moved that in the coming year, all insurance items be grouped in one appropriation. Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that the plow which he had Exchange planned on receiving on account of the exchange with the of snow East Acton &arage did not turn out to be what they thought plows. it was so they had cancelled the order. Mr. Clark moved that the vote of last week authorizing the exchange of snow plows be rescinded. Mr. Potter seconded the motion and it was so voted. Mr. Raymond read a letter which he had received from the Town Counsel with regard to the claim of Mary M. King for payment of $5.59 for property damage resulting from a fall over -a steel rod projecting from Lincoln Street . He said he did not understand that Lincoln Street had been King claim. closed to traffic in vehicles or on foot, but that the visible evidences of repairs must be familiar to a person living on the street. He said that the stake was undoubted- ly a defect and the condition of the street was familiar to the town so the town would be liable unless there could be set up in defence contributory negligence of the plaintiff. He advised that the case be settled for the $5.59 and enclosed a form of release. Mr. Clark moved that the claim be settled for $5.59 and the bill charged to the Law Department appropriation. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond read a letter which he had received from Chap. 90 the County Commissioners requesting that the Town submit work for supplementary or confirming information regarding the 1937 Chapter 90 work desired for 1937`. Inasmuch as Waltham Street and Chapter 90 Maintenance were the only two projects submitted, it was suggested that the Supt. bring in additional recommendations at the next meeting of the Board. Mr. Raymond recommended that one light be installed on Ridge Road on the second pole beyond Mrs. Bierenbrood- spot 's house and that one street light be installed on 99 Taft Avenue in front of the residence of C. C. Paul. Street Mr. Ross moved that articles be inserted in the lights. Warrant for the next Town Meeting for the placing of these street lights . Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that Edward H. Mara had estimated the cost of repairing the damage at the Watson house at 11 Middleby Road at $52.15. The Chairman stated that Watson there were two things to be considered, the town's res- house. ponsibility in the matter and the bid received. Mr. Ross suggested that a form of release be drawn up and that Mr. Raymond make an offer to the owner in exchange for the release. Mr. Potter moved that Mr. Raymond try to settle the ease for $20.00. Mr. Ross seconded the motion and it was so voted. Mr. Raymond asked the Board's approval for the purchase Purchase of 48 pair of rubber boots for the W.P.A. men from Smith's of rubber Paper Store. Mr. Giroux moved that the Board approve this boots. purchase. Mr. Clark seconded the motion and it was so voted. Mr. Giroux reported that the Lexington Public Health II Association would like to use Cary Hall on November 8th at Use of 4100 P.M. in order to rehearse its show. Mr. Potter moved hail. that the use of the hall be granted free of charge. Mr. Ross seconded the motion and it was so voted. The Warrant for the State Election to be held on Nov- Warrant ember 3rd was signed by the Board. for Elects Letter was received from Robert P. Trask stating that he had received notice that a lien was to be placed on his property for outstanding water sates covering the November Trask re 1935 and February 1936 bills on the Nest-to-U egg plant. water bill Mr. Trask stated that Horace Densmore, a Highway Department employee, was renting the property at this time and was responsible for the bills. He felt that inasmuch as Dens- more was a Town employee that perhaps the Board could influence him to pay the bill, although Mr. Trask realized that he as the owner of the property was responsible for the bills . Mr. Raymond was requested to talk over the matter with Mr. Densmore and endeavor to straighten out the matter. Letter was received from the Health Inspector stating Sewage at that the proprietor of the 1775 House on Pleasant Street 1775 House was installing a large septic tank which would take care of the sewage satisfactorily. Mr. Clark reported that he had received further conn plaint from Professor George Towle of Hill Top Avenue with Complaint regard to the flies and the odor from the Swenson Farm. re Mr. Clark moved that the Health Inspector be instructed Swenson to investigate the odor and fly conditions in Mr. Towle 's Farm 100 ml neighborhood and report on the matter at the next meeting of the Board. Mr. Giroux seccn ded the motion and it was so voted. Letter was received from Edward W. Taylor stating that the Board of Fire Engineers had voted that inasmuch Fire Dept. as it was the feeling of the Board of Selectmen that fire insurance. insurance should be carried on Fire Dept. motor equipment, that they would comply with the Board's request. A request was made for a transfer in the amount of $102.96 from the Excess and Deficiency Account to the Fire Department Maintenance Account so that the bill could be taken care of. The Chairman stated that he would talk with Chief Taylor on the matter to see if they could not find money enough in the Fire Department appropriation to pay the bill. Letter was received from the Town Counsel advising the Board to adopt a new order with regard to the Central Block inasmuch as the property is now owned by George Scott rather Central than the Scott Tea Co. Block. Report was received from the Health Inspector stating that he had inspected the Central Block as of this date and it was in the same filthy and unsanitary condition. Letter was received from the Health Officer, Dr. Harold J. Crumb, as follows: October 20, 1936. Board of Health Lexington, Mass. Gentlemen: , Upon the above date, accompanied by Mr. Stevenson, I inspected the premises on Massachusetts Avenue known as the Central Building. The situation existing there con- stitutes a definite health hazard. The condition of the building itself is unsuited for health living, because of inadequate ventilation and because it is not kept clean. The entrances and corridors are poorly lighted and are not kept clean. There are several rooms filled. with refuse and the odors are far from healthy. The rear exit is flanked by refuse containers which are overflowing so that the surrounding ground is continually covered with it. The basement exit is said to be, and its appearance bears it out, a favorite drinking spot. On the basis of my findings I should recommend such action as is necessary to rectify the conditions as they exist. Sincerely, II ( s ) H. J. Crumb, M. D. 101 Upon motion of Mr. Potter, seconded by Mr. Ross, the following vote and order was adopted: The Board of Selectmen of Lexington, acting as a Board of Health, after hearing a further report from Matthew Stevenson, Health Inspector, and from Harold J. Crumb, M.D. , Health Officer, as to the condition of the Central Block at the corner of Massachusetts Avenue and Meriam Street, Ldxington, find that the said building is a menace to the public health and a nuisance by reason of its filthy condition, and therefore, the Board adopts the following order under the authority of G. L. Ch. 111, sec. 123 and every other power enabling it to do so. ORDERED that George Scott of Cambridge in the County of Middlesex, the owner of the building at the corner of Massachusetts Avenue and Meriam Street, Lexington, known as the Central Block, at his own expense remove the nuisance and source of filth found thereof consisting of dirty and foul-smelling halls and stairways,and rooms, also the refuse in the rear of the building, w ithin three days from the date of the service of this order. Majority of Charles E. Ferguson Board of Albert A. Ross Selectmen of Archibald R. Giroux the Town of Lexington. The Clerk was instructed to give the order to Deputy Sheriff Arthur H. McLearn with the request that he serve it on George Scott in accordance with G.L. Chapter 111, Sec.124. The Chairman asked the Board how it felt about appoint- Committee ing a committee to consider the advisability of purchasing re Barnes the Barnes property and considering what it might best be property used for. The Board felt that such a committee should be appointed. Letter was received from the Town Clerk to which was attached a writ for the drawing of one juror for cifiminal business at Cambridge beginning November 9th. The juror Juror. drawn by the Chairman was Donald Wilson, Engineer, of 33 Bloomfield Street, Lexington. Request was received from Warren E. Buckley of Chelms- ford for permission to operate a sound car at different Permit far intervals until November 3rd in the Town of Lexington in sound ear. the interests of Howard W. Fitzpatrick, candidate for County Commissioner. Mr. Potter moved that the request be granted. Mr. Ross seconded the motion and it was so voted. Letter was received from F. J. McHugh of the Federal Music Project to which were attached sample programs of' Fed. Music concerts presented in other towns. Mr. Giroux suggested Project that the matter be turned over to the Lexington Arts and Crafts Society to see if the musical unit of the society 102 would be interested in sponsoring the concerts and the Clerk was instructed to do this. Letter was received from the Town of Arlington stating that one concert had been presented there but was not largely attended. Arlington has also received a request for the use of the Town Hall one evening a week but had not taken any action on the request. Invitation was received from the Lexington Minute-Men to attend the free meeting on November 5th at the Cary Invitation. Memorial Hall. Mr. Ross moved that the invitation be accepted. Mr. Giroux seconded the motion and it was so voted. Application for a permit to transport garbage through Garbage the Town of Lexington was received from George Callahan license. of Bedford, Mass. The application was approved by the Health Inspector. Mr. Potter moved that the permit be granted. Mr. Ross seconded the motion and it was so voted. Notice was received from Jasper A. Lane to the effect that fire insurance policy under blanket schedule in the amount of $5, 000. was expiring on November 6th. Mr. Ross moved that the policy be renewed through the same office for a five year period. Mr. Giroux seconded the motion Insurance. and it was so voted. Notice was received from Mabelle S. Peavey to the effect that fire insurance policy under blanket schedule in the amount of $5,000. expired on November 6th. Mr. Giroux moved that the policy be renewed for a five year period through the same office. Mr. Potter seconded the motion and it was so voted. The Clerk reported that the American Legion Auxiliary had requested the use of Cary Hall on November 9th for an Use of Hall.instal]a tion of officers. Mr. Ross moved that the use of the hall be granted at a charge of $15.00. Mr. Giroux secazded the motion and it was so voted. The matter of purchasing equipment for improving con• Vault. ditions in the vault in the basement of the Town Office Building was held over until such time as the budgets for 1937 are being considered. Letter was received from Ye Fife and Drum (stand) Request to requesting permission to allow dancing for which no charge allow would bd made. The Chairman stated that such a permit dancing. would come under the jurisdiction of the Board of Appeals and the Clerk was instructed to advise Mr. Clark, the proprietor, to that effect. The Board discussed the request of Frank Tremark that he be allowed to keep poultry on the new Concord. 103 g Lawn near La n Avenue. The Board felt that the prop- erty in question was not particularly adapted to the raising Tremark of poultry. Mr. Tremark has not purchased the property a s re keeping yet. The Board felt that if he did purchase the property poultry. and did decide to raise hens that it would probably be very particular about the type of henhouse to be erected because of the proximity of the property to the new Turn- pike and to the Minute-Man Golf Course. The matter of traffic lights on Merism Street was held Traffic over for oneweek. lights. Excise Tax Refund in the amount of $5.22 was signed Refund. by the Board. The Welfare Agent discussed Welfare matters with the Welfare. Board. The meeting adjourned at 10:45 P.M. A true record, Attest : ; 14- Clerk.