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HomeMy WebLinkAbout1926-01-26on 'TING, J_'_:;. 26, 1926. re`ular eetin� of the Board. of Selectmen was held on January 26, 19`=6, ^t 7:30 at tb,e "selectmen's %oo-il, `i'own 'Tall, Lexir_rton. The f ollo-,ring members o" the Bo.^rd were present, Tjessrs. TIutchinson.9 >les, Custance and Burnham. The jupt. of -ublie ''corks and Cleric mere also present. Notice of intention' -to lay --out 40 Oakmount Circle -vvas signed by the Board. Petitions were directed_ to the Countyy Commissioners for the relocatin.- and reconstruction of '::'altham Street from Concord Avenue to ='Waltham line and of Lowell. Street from East �troet to the Burling- ton line. <: letter was received from .'indrex Bain in �rrhich he requested an increase in pay to .;.1200 and the Board voted toao rove the sum of +;;1200 for the Plumbing Inspector and also for theui_lding Inspector, and the Board decided to take the ir_atter up ­iith the A,).-ropriation Co-,rz ittee. P,otice was si •ned of hearing at the ,St^.te �`Touse on change of service on the Boston r�,c 117aine 3ailroad; hearing to be held on January 27th. Conlon Victuallers License was granted to the ':?anor Crescent Tea Room corner of T;o. 11-ncocl, Street and Bedford Street. Bid for the wrec'cing of the Town T1.91.1 ,,!as received from the Lowell ".'recking Company amounting to s�.500.00. The followin committee came before the 3oard to secure a town meeting relative to t`-- curtailment of the Boston « 12aine Railroad service: ''J,rard L. Fenn, -:illard C. 'till and Charles H. Schofield. They urged that a tonin meetin be })eld as soon as possiblo so that conjunctive action_ could be taken with Arlington and Bedford in an endeavor to hold the present train service. The Board set the date for the town._leeting as =111eb. 9, 1926. Justin ��hea of the LexinTton "otor =ales Co.npany came before the Board in reg, -:rd to securing his pDrmit to do business at 119 Taass. _venue. ?Te claims he did not ],nov✓ that th- license for the use of the bui aii� was not rene77ed 1a3t Near, that it r:as ]----rt 177th his man to do it but 1,-a ;fust t az=e "o -otten .t. He said he :^ras t=rilling to do ivhatev--r ii -,is ordered by 41-1-,P Board or the State an(' that he would reriove the gasoline from the cars. The Board informed r_iri that they had received complaints and also persons in the vicir_ity hadtheir insurance rates increased on account of the building. The Board stated ti-_o.t they would take the Yr.att­r under consider -.tion and let him know what action roul_d be 1 1 Appraisal of the new High School Building in connection with the old building was received from C. S. Cunningham, Contrac',or. The appraisal on the old building is 137,673.74 The a-.ograisal on the ne,,�., building is 336 322.10 Total valuation ', 3„ b.84 This appraisal made by Ttr. Cunningham was for the surd of tiu50.00. It was thola.3 ht b7T the figi)res presented that sufficient insurance was no�rr being carried unon the town buildings. Petitions were directed_ to the Countyy Commissioners for the relocatin.- and reconstruction of '::'altham Street from Concord Avenue to ='Waltham line and of Lowell. Street from East �troet to the Burling- ton line. <: letter was received from .'indrex Bain in �rrhich he requested an increase in pay to .;.1200 and the Board voted toao rove the sum of +;;1200 for the Plumbing Inspector and also for theui_lding Inspector, and the Board decided to take the ir_atter up ­iith the A,).-ropriation Co-,rz ittee. P,otice was si •ned of hearing at the ,St^.te �`Touse on change of service on the Boston r�,c 117aine 3ailroad; hearing to be held on January 27th. Conlon Victuallers License was granted to the ':?anor Crescent Tea Room corner of T;o. 11-ncocl, Street and Bedford Street. Bid for the wrec'cing of the Town T1.91.1 ,,!as received from the Lowell ".'recking Company amounting to s�.500.00. The followin committee came before the 3oard to secure a town meeting relative to t`-- curtailment of the Boston « 12aine Railroad service: ''J,rard L. Fenn, -:illard C. 'till and Charles H. Schofield. They urged that a tonin meetin be })eld as soon as possiblo so that conjunctive action_ could be taken with Arlington and Bedford in an endeavor to hold the present train service. The Board set the date for the town._leeting as =111eb. 9, 1926. Justin ��hea of the LexinTton "otor =ales Co.npany came before the Board in reg, -:rd to securing his pDrmit to do business at 119 Taass. _venue. ?Te claims he did not ],nov✓ that th- license for the use of the bui aii� was not rene77ed 1a3t Near, that it r:as ]----rt 177th his man to do it but 1,-a ;fust t az=e "o -otten .t. He said he :^ras t=rilling to do ivhatev--r ii -,is ordered by 41-1-,P Board or the State an(' that he would reriove the gasoline from the cars. The Board informed r_iri that they had received complaints and also persons in the vicir_ity hadtheir insurance rates increased on account of the building. The Board stated ti-_o.t they would take the Yr.att­r under consider -.tion and let him know what action roul_d be 1 1 s taken at a la':r date, In thi: connection the Zui_'_c'i. i Inspec';o notified to find out e_ t t' ta.t elan'.. ent of -'u'o7 is ^fet r _n'. oa dPrerl in this casO s0 ,r.t th9 "l2n COla.]_n n ;rY'�r has is _, busi s on ' (oily of Pl:,C)Cised .x'.-111 for _ :73I' ssessrrient". lfras re— ceived b -T th- 3oai°d frol.: the n Counsel. Thi LLrcpoSed bila is as foil o` House ....*YcO. 732 By T'r. Perry of Eel -pont, petition of l'r: d.eric'_� L._ery for legislation to c1ian��e the method ,n(' r?_te of sow—f. assessments in the to•„n of Lexington. 's'unici�):-,1 nee. J^.n. 19. niT�- In the Year 'Jr_e 'nous ,.n.d ' ine Hund ed_ and '',;entir-Six. to c'^anrce t of siren s.>^s:; aerrts in the ioti:n of Lezint::ton. • Be it enacted by the senate ar_: 288 One `thousand Nine Hundred and T,r!ent r Six. An Dict relative to the board of select. -en shall determine. If in any instance the Surface and borird_ of 3'-electr1en determin that _n as ;essment made on the fore- areasonable, ' goin.g basis is unjust or unt1ley s'o ill 'rkave ower to and. in ,djoining gr�:nt a reasonable abatement. S �C'21011 2. This act shall, for the � i.r-,ocse of :its submission Be it enacted for acceptance ta'e effect uaon its passage and shall t-cke full ef- and House of fect upon its accent+ance within t,:°,�o years after its pa.=age by a majority of the voters of the `town of Le-�inr,ton voting thereon at a the authority to•:•,,,n raeetinC. T,"r. J. TT^nry Duffy of the Plannin*- Board explained to the Board just t,.rh.at tb_is bill meant and Jfhat it was intended to secure for the town. The Board v oted to a-pnrove this ,ct. i::r. oca :ian st,^ted. that he had ,received request for snow plow service on '.inter Street. 1e felt that the service could not be Granted on account of the rocks in the 11i f;hti^tay. TMr. acr?r=an felt that snow pl o•;a service sl-ould be left vri_th the discretion of the electmen and not to come before the tot,:n for vote. 3 letter was received from the Boston & T`aine lail.road in re- gard to placlnc7 ng si,-ns near the railroad c rossinrs, stating that the cost .-ould be :,:'21.00 .and_ the toit,n would be called upon to beir this expense. The letter ti,,. -s turned over to the 'Dupt, of Public forks for his attention. The appointnent of John Helley as a police o:'f'icer of the ' town was refused by t'lie Civil Service Commissioners on the ground that i�ir. Kelley was over the �i ge limit of 35 years, and the Board therefor notified lvlr. Tiel.ley and the Civil Service Com -mission that he �-,,as discharged from duty on account of this fact. It was decided to appoint E&.Tard J. Lennon as a police officer (',?on -competitive) to a�%,ait the approval of his name by the Civil Service ,uorr.mission. Copy of the Proposed Drainage ,lct presented by the gown Counsel. ITOU . .........i,o. 232 By Yr. Perry of Belmont, petition of J. Che::ter Iutchinson, chairman of the boerd_ of selectmen of the town of LAXi r,rton, rela- tive to improving the surface and ground drainage in said town and adjoining towns. ,lunicipal -'-''mance. Dec. 15, 1925. T1.7 CO!' OI;'- ,T-�,Ir 07 r CTT q ,Fn In the Year One `thousand Nine Hundred and T,r!ent r Six. An Dict relative to improving the Surface and GroundDrainage in the ' Town of Lexington and. in ,djoining Towns. Be it enacted by the Senate and House of -epr:sentatives in =eneral Court assembled, and by the authority of the same, as fol- MI 7_ows : SsCTIOI? 1. The to,:.rn of Lexinoton, for the purposes of surface and ground 6_raina-e ^_nd the protection of the public health in said ' toTrrn, may, by its board of selectmen., from tir�e to time improve the brooks, streams and mater ccurs:es, i.n said_ town, by removing obstructions in or over the same, by widening,, or de-penirg the channels or by con- structin neT;: channels, by diverting the rn.ter, by altering, the courses, by converting, wholly or in part, any such broo'�:, stream or water course, wheth-r in its original channel or aftor the alteration of the course of the same, into a covered conduit, or in any other manner; may condu^t the w. -ter of an.7 such brook, stream or water course, through pipes, covered conduits or open channels; may, by the construction of drains or otherwise, divert any surfr ce or ground water into any brook, stream, pipe, conduit or channel; may conduct any brook, stream or drain across, along or under any rai7_rorad or street railway location, or across, aloin7 or and -r any tray, ui_t-hout unnecessarily obstructing the same; and, for the pur~�oses aforesaid., may from time to time 'Ourchase or take, 7_n fee simple or other -arise, land or any right or easement in land, including any brook, stream, _:.ond or :rater course, or any part thereof, may lay out and construct such 'I,Ml'�s or *ays thereon or in connection therewith, as the selectien may deem necess,=T or desirable for public convenience; may, from time to ti_r:e, with or without the permission of the owner and with or without first making a taking of the richt so to do, enter upon any land and make surveys, do any other work or make any improvements thereon which the select -,-In may dee:a necessary or desirable for said purposes; and, for the purposes of this act, may enter into any contracts or agreements •;:lith. any person or corporation. The fact that a ' brook, stream or water course is dr* for a_ portion or portions of a given year shall not operate to remove it .from the operation of this section. 3"C'I'ION 2. Said to,rm, for the purposes and in the manner provided in section one, may exercise in any other torn or city with respect to a brook, stream or water course which flolrrs therein from or to the town of Lexin;ton, and .,ith respect to t? -,e tJa';Grs thorcof, any or all of the powers which said. section conf-Irs -,rith regard. to oper^.tions in the toren of Lexin;;ton, provided that before ta'rincr such action it shall obtain the consent of the board of sel-ct.mdn of any such other token or the mayor and aldermen of any such city. 3. The proccedi_n=­, under the provisions of the preceding sections for the ta':ing of ani- land easeler_t or rig? -t shall be had, and all claims for damages sustained by such ta.kin`, and all claims for damages sustained by any other act done under authority hereof, sha17_ be ascertained and recovered s_s provided in general laves, chapter seventy-nine. S"CTION 4. At any time within two years after any brook, stream. or :rater course or the drainage in said to7m has been in.proved in any of the trays mentioned or referred to in the first section of this act, under a vote declaring the same to be done under the provisions of law authorizin.n the assessment of betterments, if, in the opinion of the Selectmen, any real estate in said town, including that, if any, of which a part is taken therefor, r^,v^_ves any benefit or advantage there- from beyond the 7en.eral advantage to all real estate in said town, the selectmen may determine the value of such benefit and advantage to said real estate and may assess upon the sai°.e a proportion,�te share of the expense of ,ra'r.ing such improvement; but no such assessment shall ex- 290 teed one half of such adjudged benefit and advantage, nor shall the same be made until the �rrork of making such i:aprove�ent is completed. All laws now or hereafter in force relative to the assessment and collection of betterments in the case of the laying out, altering, li.,idening, grading or discontinuing of ways in said town shall., so far as they may be applicable and. not inconsistent with the provisions of t -A s act, apply to the doings of the selectmen and of the toy^.m under this not; and all persons oaho are aggrieved by theasessment of betterments under the provisions of this act shall have the same remedies now or hereafter provided by law for persons aggrieved by the assessment or levy of betterments in the layi.n; out of-;a,,rs in said to,.�rn. 3''CTIO?? 5. Ido land, water rights or other rights shall be purchased or taken as hereir authorizod until an appropriation has been made sufficient in amount to cover tlne estimated cost thereof. u'?CTTOY 6. If, ir_ the opinion of the selectmen, it is at any time not r_eeesszlry for the i,o-°rn to retain the s,nccle of the land easements or ,,:rater rights which may in any liven case have been purchased or t j'_,_en for the nu-r°noses of this act, so much of said land ensu nts or via.ter rights as in their opinion may no longer be necessary for the town to retain may be sold and nonveyed by the tol;�rn, provided such sale is authorized by vote of a xajority of the voters of the tovrn present and voting thereon at a town meet- ing duly for the purpose. S�CTT02� 7. ''do person sh-:ll, without lawful. authority, dis- turb, injure or destroy any work of said to�am constructed or maintained for the purposes of this act, nor pollute the waters of any brook, stream, 'water cou--se, drain, conduit or charnel in said to,n, nor put or maintain any obstruction therein. 1,1hoever violates any provision of this section shall for each offence be punished by a fine not exceeding five hundred dollars or by imprisonment in the house of correction for a term not exceeding three months, or by both such fine and imprisonnier_t. 11 `Caid town for r eeting necessary expens,s and liabilities incurred_ or to be incurred under the provisions of this act may borrow from time to time such suns as may be necessary not exceeding in the aggregate fifty thousand dollars and may issue bonds or not. -s therefor ,^rllich s1,all bear on their face the 7R10rds "Lexington Drainage Loan, 1"ct of 1926." Each authorized issue shall constitute a. separate loan and such loans shall be paid in not more than f iftaen years fror.� t'hcir dates, but no issue shall be qu.thorized under this act unless ,a sum eou<<l to an amount not _Less than ten1.oer cent of sucli authorized. issue is voted for the some purpose to be raised by tax levy of the year when authorized. Indebtedness i_ncur_ied under this act shall not be considered or reckoned in d.eterminin the authorized limit of indebtedness of said town under chapter forty-four of the General L^zrs, but shall, except as he -in Drovi('.ed, be subject to c'.Zaptor forty-four of 1 a L-_... , exclusive o'. the proviso inserted in section she General ,;,.,;, �A r seven of said chapter by chapter three 1.1undred. and thirty-eight of the acts of ninete:�n hundred and twnty-three. acts or parts of acts inconsistent iserewith are hereby repealed. 1 n Mil :j'_ `MT` i lei. -Dor t'le pUr )ose o" sLlbuIi s -ion to th,' voters of Said to�,rn, t' -is act shall t '�a ef_�' ct ur)on its pac e ,,nn_ it sh<=�11 take full effect upon ;ts by vote of a ia.jority of the voters of said tol-.m present an,_` votint j'=eveon at a tm-.n raeetint . i o -xpen- ' diture 311-xll be inaC by the t0 In <,nr' no liability imuvred by it here- under ung J such ac��otaice. 170t,;ri= -[cls o;p'3Y ed o"'1. Lh"1 , petition of the n':a Yl,��, Wel. P: Te- -L. Co for loc,F.tior_ of Pol-s Or `,_ne `treot. 17o p<,r nns p e^.rin to object t1le T3os_rd �7oted to rsnt the yoeti t9_nn. Tho attention o1' the -'o-rel t,.rfDS to Joh "T. Ba s ;;ia0 recuired tie ^orvic'-s of 'TIP l,o;,,j-',-iysici .n s '"r. 'ass is ill rith tuberculosis. In the abC 2'Ce O ti i0 _7. "1 ^1 T' ,`T`l0 iS i_n 'lOri:a,2., tY]3 Lo"rd voted n o pa" the eU on f ,,r is true record, .°atm st: 1