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HomeMy WebLinkAbout1955-08-08-BOS-min 135 a SELECTMEN'S MEETING August 8, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, August 8, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Reed and Maloney were present. Mt. Burns, Superintendent of Public Works, Mr. Mahon, of the Boston Edison Company and the Acting Clerk were also present. Hearing was declared open upon petitions of the Pole Boston Edison Company and the New England Telephone locations and Telegraph Company for permission to locate two 1 poles on Massachusetts avenue and two poles on the Cambridge-Concord Highway. No abutters attended the hearing. Mr. Burns approved the locations and upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to approve the following i/o pole locations: Massachusetts Avenue, southerly side, westerly from a point approximately 235 feet west of Paul Revere Road, - Two (2) poles. (These are existing poles. No new poles to be set. ) Cambridge-Concord Highway, easterly from a point approximately 455 feet east of Blossom Street, -- Tan (2) poles. Guy wire and anchor on second pole. Mr. Mahon retired at 7:07 P.M. Mr. Burns brought up the question of curbing and Curbing wished to know if the Board wanted any more bituminous curbing around town, specifically on Hancock Street. Mr. Bateman questioned the height of other curbstones and thought there would have to be some leveling done on Hancock Street. Mr. Reed suggested that they also put curbing in front of Bevan's house and the grass plot at Lincoln Street and Marrett Road. It would prevent the trucks from driving over the grass. L. 136 It was suggested to try it on one side of the street from Dr. Hunt' s up to Bevans. It was un- animously agreed to try the curbing and if it were successful to buy our own machine for future curb- ings. Mr. Burns agreed to do Hancock Street and around the triangle at Lincoln Street. Sewer Mr. Burns brought up the subject of the Sewer contract Pumping Station contracts, which he stated Mr. Stevens was bringing in this evening for the Board to sign. g g On the sewer service money, Mr. Burns stated, that we have some of the twenty-five thousand dollars Borrowing which we originally had for Massachusetts Avenue. The only thing to do is to use the money we had left rather than go out and borrow any more money. Until we have bids on this other work we could possibly save quite a deal of money in interest charges. Our borrowing the $100,000.00 for sewer laterals would be at a higher rate than if the borrowing was com- bined to get a lower interest rate. Letter was received from t he Board of Health Complaints stating that the residents of Harding Road have com- plained regarding garbage collection and have threat- ened to go to the State if their garbage is not col- lected regularly. Mr. Burns stated that he had spoken to Mr. Collins, who said he had put on four trucks. Mr. Maloney was of the opinion they just loaded the trucks and called it a day. Mr. Burns admitted that complaints have fallen down quite a bit. It was the opinion of the Board that they defi- nitely have not been collecting garbage twice a week according to contract. Mr. Bateman suggested that if there were any more complaints on garbage, Mr. Collins would have to meet with the Board to straighten matters out. Complaints Letter was received from the Board of Health re- ferring to complaint of flies in the Lincoln Street area coming from the Town Dump. The residents want some action taken to stop the flies from swarming sound, and say that the general overall condition of the dump is a health menace. There was discussion that possibly some of the rubbish brought in from the Airport may contain gar- bage and helped aggravate this condition. It was un- animously voted to ask the Airport to stop dumping at our Town Dump. 137 Mr. Bateman read note on complaints by two other residents on Lincoln Street who claim their doors are Complaints so covered with flies from the Town Dump that they don't dare open them. In reply to this Mr. Burns read a report on the dump from Mark Lurvey, Health Sanitarian, given him on July 26th. Mr. Lurvey states that this dump appeared to be in good condition. There seemed to be a considerable amount of flies due to the dumping of garbage with the rubbish, but that the dump was conducted in a safe, sanitary manner. Mr. Maloney asked if there was some solution to spray immediately, possibly D.D.T. to get rid of the flies. kr. Bateman saidt hat he would acknowledge the complaints with letters and tell the people we are go- ing to try to omit the dropping of garbage and take care of the fly situation. Upon motion of Mr. Bateman, seconded by- Mr. Reed, License it was voted to grant the following license: Lexington Theatre 179) Mass. Ave. Sunday Movies Mr. Burns said that another thing he would like Plumbing to- discuss was the Plumbing Inspector. Mr. Byrne, Inspector the Acting Plumbing Inspector, went to him and said he had a notice that Civil Service would have to hold an examination and said he is not interested in hold- ing the position and then have to walk out in six months. As of today, he gave his notice for two weeks. The Chairman asked if he would stay if we could get him a permanent appointment.: Mr. Burns suggested that the Chairman speak to Mr. Byrne about a permanent appointment. Mr. Reed suggested that Mr. Bateman contact Mr. ' Byrne the following morning to discuss the matter, and Mr. Maloney seconded the suggestion. Mr. Stevens arrived at the meeting at 7:45 P.M. Mr. Stevens presented the Sewer Pumping Station Contracts Contracts which he had prepared and which the Board signed. Upon motion duly made and seconded, it was voted to abate street betterment assessment in the amount of $9112.52 levied against a certain strip of land includ- 1. 38 a PC CL ing Edison Way and extending from Edison Way to Abatement Depot Park, in the name of Daniel J. O'Connell; heirs of Daniel J. O'Connell; Richard W. O'Connell and David F. O'Connell; settlement of land taking claim on the O'Connell property used for municipal parking area. Parking lot Mr. Reed asked Mr. Stevens how we are making out on the parking lot and Mr. Stevens said he would have that ready for the next meeting. Mr. Stevens asked about the possible new road from Wood Street to Westview Street and Mr. Burns stated that if we want to go into Chapter 90, we could do it but it was not advisable. Mr. Burns stated it might be wiser for the town to see if the land could be acquired and then when the releases were all signed, the Federal Govern- ment might be pursuaded to put the road in at its expense. Upon motion of Mr. Reed, seconded by Mr. Tax title Maloney, it was voted to sign deed, prepared by Town Counsel, conveying Lots 1, 2 and 3 Block 93 Essex Street and Lots 6 and 7 Block 93 Essex. Street to Mark Moore, Jr. , Trustee of Moore Realty Trust. Letter was received from Mrs. Ethel U. Rich, Abatements Tax Collector, re abatements of unpaid ambulance bills. The Board agreed not to act upon the list until they had more time to study them. Mr. Stevens left the meeting at 8:15 P.M. , at which time Mr. Burns also retired. Letter was received from Ralph J. Frissore Tax title re tax title property on Asbury and Edna Streets. The Board unanimously agreed to go over and look the lots over again before replying to Mr. Fri.ssore' s letter. Mr. Stevens returned to the meeting at 8:22 P.M. At 8:35 P.M. hearing was declared open upon Hearing re: petition signed by twenty-five individuals, pro- Babson's dogs testing operation of a kennel at 272 Concord Avenue. Miss Babson, owner of the kennel, was present with her attorney, Mr. Jarvis Hunt and there were eleven other individuals present. 139 Mr. Hunt started the discussion by stating that he represented Miss Babson, who is the owner of the property at 272 Concbrd Avenue and the licensee. Mr. Bateman: As you probably know, the noise from the dogs in the area has created a great deal of disturbance and perhaps you would like to present your story to the Board. Mr. Hunt: I think perhaps it would save time if I did. Of course, I can appreciate the fact that these people object to the noise of the dogs. We don' t think the dogs have been particularly noisy and I am sure Moss Babson wants to be a good neighbor and wants to do every- thing possible to get along with her neighbors; and if there is any way she can calm the dogs down, she will do so: Just exactly what the complaints are, I don' t know. I haven't seen the petition either. Mr. Bateman read the petition aloud. Mr. Hunt: May I ask how many residents have signed the petition? Mr. Bateman: Twenty-five. Mr. Hunt: That is just the right number; and have you checked if they are all residents of that area; all within the area where they can hear the dogs? We do wands to be sure that people who object to the noise of the dogs are people who are bothered with them. Mr. Bateman, reading off some of the addresses. "'Have you heard the dogs yourself?" Mr. Hunt: No, I haven' t. Mr. Reed: Is this conducted as a business? Mr. Hunt: It is only a hobby of hers. Miss Babson: Six or seven of them are registered elsewhere. This is not a business on a large scale and is not intended to be a business at all. Mr. Walter Murphy, 267 Concord Ave. : We live directly across the street and we think the noise has certainly been more than anybody can be expected to take. I come home from work at night and can hear them at eight, nine, and ten o'clock at night. I called the Police Department about two or three weeks ago. It was pretty noisy, and I believe the officer will agree with me on that. My wife was quite distracted and practically in tears when she spoke to me on the phone and she called the officers. I don' t think anybody should be expected to put up with noise like that. 140 c' Mr. Walter Madkie, 222 Concord Ave. : I would like to ask a point of information. I am as much concerned with a business in a residentail section as I am with the noise of the dogs. I can frankly say that I have hear the noise of the dogs and I live about nine blocks from the Babson establishment. Is it permissab le under the Town laws to get a license for an establishment such as Mrs. Babsonfs in a resi- dential area?' Mr. Bateman: Under the laws the Town Clerk has no right to refuse any kennel license. If there is an annoyance it must come before the Board. We are carry- ing this according to law. It goes from here to the County Commissioners and from there to theCourts. Mr. Mackie: There was no public hearing required before that? Mr. Reed: No. At this hearing we will take in everything that is said and take the recommendations the County Commissioners give. That is all.. Peter Ronchetti, 193 Blossom St.: I have heard these dogs on several occasions and they have dis- turbed the whole neighborhood. We have an expectant mother in the neighborhood. Why is it Mrs. Babson has a kennel license for ten dogs established as a pure basis of a hobby. If she has sixteen now, she is not going to abide by her original ten. All our children in this neighborhood are young. We have a two-weeks old child across the street. She has admitted having a license for ten dogs; at present she has sixteen. Who can say she is living up to her license? Peter Somers, 15 Blossom St. : In answer to the question raised by Mr. Hunt originally, we do not hear the dogs. Possibly because we are the farthest from the kennel. The noise has not bothered us. However, I was primarily concerned when I signed the petition. I was wondering just exactly when does a kennel be- come a business or commercial establishment. If there are sixteen dogs now at what point does the sale of dogs become a business? If there are that many dogs, it cer- tainly is a business. The Zoning Law does make certain requirements and this should go before the Board of Appeals. Mrs. Holman, 275 Concord Ave. : I have lived in the Town about fifteen years and always found it so quiet and peaceful; but it has not been quiet and peaceful since the first of July. I live alone and I have not slept any morning after six o'clock since the 141 first day the dogs arrived. I am working on a book now which is now on press. My windows have to be also have to keep all day, and I them closed at night. It is impossible. There is not only the barking but the continual howling of the dogs. I feel it is a nuisance and a bad thing for the neighborhood. Mrs. Ronchetti: I have three small children to take care of and when I hear those noises all day long it upsets me and makes me so nervous I have to take it out on my children. It is not fair to my children to hear these noises or suffer on account of my being upset over the dogs. George Mahoney, 275 Concord Ave. : I have a new baby three weeks old and I believe we do not have to put up with that noise either. Mr. Ronchetti handed notice from Boston newspaper to Mr. Reed which read "Puppies for Sale" giving the Babson' s telephone number. Mr. Reed questioned Miss Babson if the advertisemebt was hers and received an affirmative reply. Mr. Bateman: I went down there the day after the 4th of July. At that time she said she had three Poodles grown up, Aix small ones, and a house dog. Miss Babson: Four young puppies under six months. Sometimes they are there but not all the time. They have been there more or less because I have been trying to get settled and have the place soundproofed. I don't think the dogs were there that particular day. Mr. Bateman read the report aloud from t he Dog Officer, dated July 29, 1955. Mr. Hunt: You know in our laws, as the Board knows, anyone can keep up to three dogs without a keinol license and you can keep as many Bags as you want to up to three months old, so that if Miss Babson got rid of all the puppies under three months old she would still be within the law. I would suggest that she carry out the plan she has to soundproof the kennels; keep within the limits of the number of dogs that you will allow in the kennels and she will try to get rid of the puppies who are causing all the noise. Besides, that we can' t say too much. We don't want to cause annoyance to people. If your Board will at least give her a chance to straighten things out so that the 142 neighbors will be satisfied and she can keep those dogs from being a nuisance. I am sure the situation will be cleared up. Mr. Maloney: Mr. Hunt, you couldn' t keep one dog if it created a nuisance. Mr. Murphy: I claim that these dogs:,are a nuisance. Mr. Hunt: You know if any of the neighbors dontend these dogs are a nuisance they will have to go to court. Mr. Bateman: We would like to straighten this out without going to court. We have to look out for the health and peace of mind of the people in our town. Mr. Hunt: I went down there the other night and there wasn't any noise. Mr. Bateman: I went by there one day. There wasn't anyone home and the dogs were creating a nuisance. Mr. Reed: Work it out and see what arrangements can be made. If Miss Babson will co-operate, I am sure the matter can be stra*ghtened out. Miss Babson: I am soundproofing the kennels; they haven't given me time to straighten things out. Petitioner: Can you appreciate putting a dog away from the light and air and locking him in a soundproof roomt Petitioner: You go by there now. You see all these signs *Keep Away, Dogs", and other notices. If she can prove our children will not be distrubed, then Miss Babson could pacify me. But I can' t see locking up the dogs in a room. Petitioner: Why was the place offered for sale if all this was going to be done? Mr. Bateman: I don't know. That is something we are not concerned with now. The matter of commezoiil activity on the premises is beyond the jurisdiction of this Board,( The hearing adjourned at 9:00 P.M. After discussion it was voted to ask the County Commissioner to revoke the license. Letterwaspresented from Ernest J. Crerie, Chair- man of the Recreation Committee re facilities for family swimming in Lexington. It was decided to hold this over for the next meeting of the Board. The meeting adjourned at 9:15 P.M. ' A true record, Attest: Acting Clerk