Loading...
HomeMy WebLinkAbout1931-04-14LJ SELECTMENIS MEETING. APRIL 14, 1931. A regular meeting of the Board of Selectmen was held at the Selectmen's Room, Town Office Building at 7:30 P.M. Messrs. Trask, Custance, Blake, Shannon and Gilereast were present. The Supt. of Public Works and the Clerk were also present. Request was received from Mr. William J. Marshall for the red!zeed rate for the use of Cary Memorial Hall for a dress rehearsal on Sunday April 26th and the show night.. April 29th, on behalf of the Catholic churches. The Board voted to charge $5.00 for the rehearsal. And $25.00 for the show. 1 Reduced rate for show. Mr. Robert L. Ryder came before the Board and stated that he was very much interested in the Vine Brook Drainage project, and requested that an article Article, be inserted in the Warrant for action at the Town Vine Brook Meeting to be held April 27th. project. The Board informed Mr. Ryder that they would discuss the matter and would, no doubt, take some action to insert an article in the Warrant. Verbal request was received from the Canteen Lunch requesting that they be allowed to remain open Canteen Lunch all night April 19th and on Monday, April 20th until to remain 1:30 Tuesday morning. open all The Board voted to grant permission to the Canteen night, Apr. Lunch provided they did not disturb the tenants in 19th. the block. Mr. Walter G. Black came before the Board and presented a proposition called the Dunwhit Bowling Greens. This is a bowling alley which can be set up in any space thirty feet long. It comes in three Dunwhit different lengths, 30, 40 and 60 feet. He desired to Bowling know whether or not this bowling alley, which is an Greens. out door one, could be placed in a business district. It was the desire of their Company to place two at the Lexington Battle Green Miniature Golf Course, free of charge for introduction of this type of outdoor sport. The Boa -d inquired about the noise that would come from the bowling greens, and Mr. Black stated that there would be no noise from the alley except when the pins dropped. The Board decided that this was a proposition that could be placed in any bus iness dist rict , and so informed Mr. Black. Mr. Bond togbther with Mr. O'Connell and Mr. Ross .,Eldridge"`came before the Board and asked whether or not an article could be inserted in the Warrant requesting Vote re Appointment„ Board of App eals . License. Pub 1i c Carriag e Bond., .Letter was received from the Town Counsel in regard to the appointment of the Board of Appeals. The Board approved the form of appointment as made by the Town Counsel, and passed the following vote:- Vote oter "Voted: That Theodore A. Custance, a member of the Board of Selectmen, C. Edward Glynn, a member of the Planning Board, Roland W. Baldrey, Curlys L. Slocum and Arthurn N. Maddison be designated and appointed by the Selectmen to act as a Board of Appeals under General Laws, Chapter 40, Section 270 as amended by Stuatue 1 925, Chapter 116, Section 2, and all other acts in amendment of and in addition to the said section 27. Further Voted: That all acts of the Board of Appeals heretofore appointed by vote of this Board May 14, 1929 be and they hereby are ratified., approved and adopted as the acts of a Board of Appeals appointed and designated by the Selectmen under General Laws, Chapter 40, -section 271, as amended by Stuatute 1925, Chapter 116, af3d all other acts in amendment thereof or in addition thereto." The Board granted a liquor license to Ernest C'. Martin for sale of liquor at his drug store, 1793 Mass. Ave. The Board approved the bond of James J. Cavanaugh of Grant Street for a public car^iage license. In regard to the bill of Henry Bowker of Baker Avenue for highway betterment tax, the Board decided that Mr. Bowker apparently seemed perfectly sincere about the fact that he did not receive a bill originally, and inasmuch as there was not any way of proving that he did not receive the bill, and that he showed the 1 that the property ovn ed by Mr. William P. Herbert at Request for the junction of Mass. A enue and State Road could be property in placed in the business vdistrict. business The Board explained to. then that Mr. Herbert Is - district. request has been before the Town two or three times and after the last meeting when the Town voted the matter down, Mr. Herbert again requested that - an article be inserted in the Warrant and he was informed that he would have to go through the procedure of again having hearings before the Planning Board before this could be done-, and there was not now sufficient time to have this done, and therefore they could not insert the article in the Warrant. Sale of The deeds for the sale of land at the Public Works land at Department to Mr. Robert H. White, in the sum of $40, Public Works and to William L. Burrill in the amount of $332. and to Dept. the Home Finance Company for the sum of $1000 were received from the Town Counsel. Mr. William L. Burrill viewed his deed and staffed that it was satisfactory to him. Mr. Custance agreed to secure a check from Mr. Robert H. White. The other deeds were sent to the Town Counsel. Vote re Appointment„ Board of App eals . License. Pub 1i c Carriag e Bond., .Letter was received from the Town Counsel in regard to the appointment of the Board of Appeals. The Board approved the form of appointment as made by the Town Counsel, and passed the following vote:- Vote oter "Voted: That Theodore A. Custance, a member of the Board of Selectmen, C. Edward Glynn, a member of the Planning Board, Roland W. Baldrey, Curlys L. Slocum and Arthurn N. Maddison be designated and appointed by the Selectmen to act as a Board of Appeals under General Laws, Chapter 40, Section 270 as amended by Stuatue 1 925, Chapter 116, Section 2, and all other acts in amendment of and in addition to the said section 27. Further Voted: That all acts of the Board of Appeals heretofore appointed by vote of this Board May 14, 1929 be and they hereby are ratified., approved and adopted as the acts of a Board of Appeals appointed and designated by the Selectmen under General Laws, Chapter 40, -section 271, as amended by Stuatute 1925, Chapter 116, af3d all other acts in amendment thereof or in addition thereto." The Board granted a liquor license to Ernest C'. Martin for sale of liquor at his drug store, 1793 Mass. Ave. The Board approved the bond of James J. Cavanaugh of Grant Street for a public car^iage license. In regard to the bill of Henry Bowker of Baker Avenue for highway betterment tax, the Board decided that Mr. Bowker apparently seemed perfectly sincere about the fact that he did not receive a bill originally, and inasmuch as there was not any way of proving that he did not receive the bill, and that he showed the 1 proper disposition, they felt that he was entitled to consideration inasmuch as he agreed to pay this bill ' within two years; the Board felt that this could be considered in the class of an error and adiusted in the same manner as the bill of Frank E. Hudson. It was Therefore decided to take this matter up with the Bo,.ard of Assessors to see if it would be adjusted. 3 Bill, Henry Bowker, Mr. A. A. Ross; Supt. Water & Sewer Dept. came before the Board to discuss the matter of sewer connect- ions." In regard to the sewer installation in Hayes Avenue, he stated that Mrs. Sawyer informed him that she would like the sewer, but she was not suffering for it. Mr. Ross reported that the estimate of the cost of extending the sewer 685 feet in Hayes Avenue would be $4550. After discussing the matter the Board voted to insert an article in the Warrant requesting installation of a sewer in Hayes Avenue a distance of 685 feet, and to Berwick Road as far as Mr. Nash's house, a distance of approximately 100 feet. Mr. Ross informed the B oard.that he hed five signatures for a sewer in Cedar Street. He understood that Mr. F. L. Emery, who is away at present, is interested in connecting up with the sewer, inasmuch as he has been having truuble with the property he owns on that street. The Town Engineer looked over the proposition of installing a sewer. in Cedar Street, inasmuch as according to the original plan of the sewer, the flow goes the other way after meeting the Harringtnn property, which is a short distance inCedar Street, and he felt that he could run the sewer down through the Kimball property, and in this way take care of the people beyond the Harrington property. Mr. Ross reported that the estimate of the cost to extend this sewer as far as Columbus Street would be $47500 The Board voted to insert an article in the warrant requesting a sewer in Cedar Street Mr. Ross reported that $14.,470 was contemplated to be spent on sewer construction and in the Seaver Construction Fund he had $9440 and in the Sewer Assessment fund, $5073. The Board also voted to insert an article requesting the installation of 200 feet of sewer in Robbins Road. Mr. Ross reported that he found that there was not a six inch main in Abbott Road and therefore they did not have to connect up the dead end. He stated that the plans of the Dept. showed a pipe in there and the Metropolitan plans• also showed a pipe there, but they dug up a small section and found th t there was no pipe there. He was informed by Mr. Whitney that their Sewers. 4 water comes from Meriam Street and therefore the 400 feet authorized by the Town did not have to be taken care of. Mr. Custance reported having received a.bid Tearing down from the Lowell Building and Wrecking Co. of no. - Alms House charge for tearing down and carrying away the bid* buildings at the Alms House, not including the stable. The Board voted to authorize Mr. Custance to accept this bid. 1 Letter was received from the British Naval and Military Veterans Assoc. in which they requested permission to parade in Lexington on May 24th as Parade they had done in the past. May 24th. I The Board voted to grant them permission provided they did not start their parade until after twelve o'clock when there would be no interference with the church services. The American Legion, Chief of Police, Historical Society and Minute Men were notified of this permission being granted to the British Naval and Military Veterans. The Supt. of Public Works reported to the Board in regard to the dump along the Arlington Reservoir Dump, Arl. in the Town of Lexington. He stated that there fits. Res. appears to be about 30 old automobiles there in spite of the fact that there are signs placed there by the Town of Lexington, prohibiting dumping.. The Board instructed the Chairman to communicate with the Town of Arlington to ask their cooperation in cleaning up this property, inasmuch as it belongs to the Town of Arlington. Letter was received from the Chief of the Fire Article, Dept. in which he requested that an article be 'fire alarm inserted in the Warrant requesting an appropriation boxes. for Fire Alarm boxes. He felt that this article should have been inserted in the last warrant, in spite of the fact that the Appropriation Committee turned the appropriation down. The Board voted to 4insert the article In the Warrant and requested, - Mr. Taylor to handle the matter at Town Meeting himself. F�eddl er t s The Board signed the Pe ddle r t s license for License. Clarence G. Eaton of Reed Street to peddle groceries, in the Town. Town The Board viewed the an+ticles in the Warrant Warrant. for a Town Meeting to be held. April 27th and voted to sign same. Commitments of miscellaneous water charges in the Commitments. amount of $697.84 and commitment. of micellaneous sewer charges in the anount of $358.60 were signed by the Boar.. 1 1 u It was voted to lay the matter of guard rail Guard Rail. over for one week. The Chairman reported having received a letter from Miss Elmina Munroe stddng that the dump on her property .on Woba rn Street, was there without her Munroe dump. consent and she would be glad to have the cooperation of the Board to have the dumping stopped. The Chairman was requested to see that the law was enforeed in regard to dumping on this property. The following Licenses were°granted by the Board: Overhanging Sign Ferri Nurseries Cor. Bow St. & Mass. Ave. Aletha M. Greenwood 1741 Mass: Ave. (awning) Alcohol License. Arthur B. Field 851 Mass. Ave. Licenses Jenney Mfg. Co. ' Waltham' -St. & Marrett Rd. Common Victuallers License The Splendid Cafeteria 1715 Mass. Ave. Caroline A. Harrington & Phoebe E. M. Hutchins 1661 Mass. Ave. Gertrude E. Chase 433 Marrett Rd. Sunday Sales Edward M. Chick 97 Mass. Ave. Millers Poultry Farm Cora Marrett Rd. & Lincoln St George W. Claflin Cor. No.Hancock St. & Bedford Sts. Anna A. Hannaford Marrett Rd. 0 Circular letter was received from the Dept. of Coriser#Ation calling attention to the Law -which has been passed, Chap. 148, section. 54, amended by Chap. 399 of the Acts of 1930 which provides that "Wioever drops or throws from any vehicle while the same is upon a publicorprivate way running along or near forest land, or except as permitted by law, drops, throws, deposits or otherwise places in or upon forest land, any lighted cigarette, cigar, match, live ashes or other burning or glowing substance or thing which inand of itself is likely to cause a fire, shall be punished by a¢ find of not more than $25." It was decided to lay this matter oiler until it is found whether or not the State has printed circulars to post up in/ the Towns calling attention to this matter.; The Board discussed with the Chief of the Fire Dept. sometime ago having notices printed to be posted on trees, offering a reward of $25. for info m ation leading to the arrest of persons who drop lighted materials out of automobiles causing forest fires. s Law re forest fires No A request was made to the Chief of the Fire Dept. asking him for a suggestion as to a'sign to be printed. Circular letter was received from George H. Bigelow, Commissioner of Public Health, calling attention Comm. Public to vials of sodiu3p citrate for use with adult whole Health re blood for t2Ye prevention or modification of measles, notice re was now available and may be obtained through the measles. anti -toxin and vaccine laboratory, 375 South Street, Jamaica Plain Station, Boston. He stated that letters informing all the physicians throughout the State have been forwarded with this information. The weekly report of the Supt. of Public Works was received. u 1 Letter was received from Russell I. Prentiss in which he stated tht he had talked with Mr. Wright Sanitary Engineer of the Dept. of Public Health who Chlorination informed him that he was not in favor of using chl6r- method - ination powder in swig tng pools. swimming pool. ' Mr. Prentiss was!to make further investigation in New Bedford and Fall River; also to redeive some additional information from another official in the Dept. of Public Health who had investigated this method of chlorination of water. Mr. Trask reportedt,tlzat this was the method suggested for use in the swimming pool rather than putting in a Chlorinating plant. t Report of The report of the condition of the accounts Town audit. in the Town for the 1930 was received from the State Accountant's Office. Mr. Gildr east took the report to review it. Correspond- Correspondence regarding the George Washington ence re Geo. celebration was received from the Parent Teachers V"d ashington. Associations This correspondence was handed over to Mr. Gilereast, and he was requested to act with Mr. Breed in regard to this matter. Circular letter was received from the Director Letter re of the Division of Animal Industry, calling attention rabies, to the cases of rabies and requested that the Board cooperate as.far as podsible in their efforts to see that dogs are licensed. The Chairman was requested to send to each ,1�pr7.l 19th member of the Bard the program of the April 19th Celebration celebration and b give them instrkictions regarding the clothing ,)r op that they should wear, inasmuch as it is expected that the Board is to particip•ite in the exercises on Sunday eveniRg and to review the parade and to accept the gift of Col Burtt of the U. S. Army of the Captured German Field Piece. u 1 1 L rf The Board discussed the matter of removing two elm trees located on the playground and in the way of Removal of the new ball field, and voted to instruct the Supt. trees. of Parks and Playgrounds to remove these two trees. Mr. Custance reported having seen Mr. Edward C. Stone regarding the taking at the corner of Hancock Street and Hayes Attenue, and stated that Mr. S+.one was sympathetic with the idea, but he wanted to see the stakes in the ground where the taking was to be made. He was a,Treeable to the installation of the sewer in Hayes Avenue. He is to go to Europe and will return on the 26th of April, at which time Mr. Custance will again communicate with him. The Chaina.n reported having received a letter from the Middlesex County Commissioners calling attention to Chapter 81, Section 9 of the General Laws, and stated that it is hoped this section would be repealed to relieve the County, cities and towns from the large expense of providing 1/4 of the original cost of construction of State highways, which will mean that the aasessment'on the County will be $1,250,0009 and the assessment on the Town of Lexington will be $16,355. The Commissioners requested that the Select- men confer with their Senator and Representative to request that they act in favor of the reveal of Section 9 to relieve towns and cities and the County of this'great burden. The Chairman reported writing a letter to Senator Joseph R. Cotton and Representative Albert H. Burnham requesting that they take this action. He stated that Mr. Burnham reported to him that he was in favor of the repeal. E. C. Stone taking. Letter f rom County re repeal of Section 9, Chap. 81. The Chairman reported having received a letter from Mrs. H. J. Trevor Pring, 20 Vine Brook Road, in 'regard to the dump in the rear of the Colonial Garage. He reported also having communicated with Dump, rear Mr. Viano, the proprietor of the Colonial Garage., Colonial and Mr. Viano informed him that he would have the Garage. dump cleaned up and dispose of the abandoned automobiles. Mrs. Pring also called attention to the material left by the Town employees near Vine Brook, and this matter was called to the attention of the Supt. of Public Works. The Board discussed the matter of drainage and the estimate before them of the Reed Street drain was $6547. Carville Avenue drain - $1417. Drain in Mass, ' Avenue and Fottler Avenue from Bowker St, to the Brook, Drains. $2850. Drain in Clarke St. from Raymond St. to Parker St., $2091.80, and the drain in Fletcher Ave., $5090. The Board after discussing the matter, decided to insert only in the warrant the request for installation of drainage in Carville Avenue from near Oak Street to the brook crossing Carville A enue near Ames Avenue, a distance of approximately 600 f eet. Mass. A,,enue and Fottler Avenue from Bowker St. to the brook a distance of' 710 feet; Clarke Street from Raymond Street to Parker Street, a distance of 900 feet. The Board discussed drainage matters and felt that a definite program of drainage should be started and kept up each year so that the drainage system in the Town would be improved gradually. . Mr. Cust ance called attention to the drain in back of the Sherburne property which originally ran the other way and was brought this way by the members of the Sherburne family and for this reason there is considerable drain ege water from Winthrop Road, Russell house section and also t rom a part of Mass. Ave. which runs down Fletcher Ave. Insurance Mr. Gilcreast reported in regard to the matter of Fire insurance on Mr. Taylor that he could not find but two towns that were comparable with Lexington, Having part time Fire, chiefs, theybeing the Towns of Winthrop and Falmouth. In these towns, when they attend fires they ride in a car provided by the Town, and therefore there was no liability on their own car. Mr. Gil creast presented a letter from Falmouth Town AceouC'ttant, in which he stated that the Chief of the Fire Dept. of that Town was also Building Commissioner and that the Town of Falmouth did not pay any liability insurance on the car driven by the Fire Department which was owned by the Town and it was his under- standing that under the Statutes, the Towns were not allowed to pay premiums for liability insurance. He stated'that he did not know of any provisions in the Stuatues whereby the Town could legally pay insurance to protect the Chief of the Fire Dept. Mr. Gilcreast also presented a newspaper clipping in which. the Town of Milton was criticised by the Director of Accounts, Theodore N. Waddell for paying premiums on liability insurance. He also presented a clipping whereby the representatives of State Departments and Employee Organizations urged the Legislative Committee on Ways and Means to take favorable action on a Bill to .authorize 1 1 The Board voted to insert an article in the Art. re Warrant requesting the acceptance by the Town of a Captured Captured German Field Piece from Col Burtt of the War German Field Department on April 19th and to request the Town to Piece. authorize the Selectmen to place the cannon on Hastings. Park or same other suitable place. Letter was received from the Secretary of the Letter re April 19th Committee requestiig the cooperation of Celebration. the Board in receiving the Captured German Field Piece to be presented to the Town at 3:30 Monday on the Battle Green. The Board informed the Committee that they would cooperate in all matters pertaining to the celebration. Insurance Mr. Gilcreast reported in regard to the matter of Fire insurance on Mr. Taylor that he could not find but two towns that were comparable with Lexington, Having part time Fire, chiefs, theybeing the Towns of Winthrop and Falmouth. In these towns, when they attend fires they ride in a car provided by the Town, and therefore there was no liability on their own car. Mr. Gil creast presented a letter from Falmouth Town AceouC'ttant, in which he stated that the Chief of the Fire Dept. of that Town was also Building Commissioner and that the Town of Falmouth did not pay any liability insurance on the car driven by the Fire Department which was owned by the Town and it was his under- standing that under the Statutes, the Towns were not allowed to pay premiums for liability insurance. He stated'that he did not know of any provisions in the Stuatues whereby the Town could legally pay insurance to protect the Chief of the Fire Dept. Mr. Gilcreast also presented a newspaper clipping in which. the Town of Milton was criticised by the Director of Accounts, Theodore N. Waddell for paying premiums on liability insurance. He also presented a clipping whereby the representatives of State Departments and Employee Organizations urged the Legislative Committee on Ways and Means to take favorable action on a Bill to .authorize 1 1 cities and towns to indemnify public employees involved in motor car and other accidents in the course of their ' public duties. Mr. Blake reported having been assured by the Insurance Company who holds insurance for his son who also anvwers calls for the Fire Department, that he would not be protected while going to fires, but he would be when returning home. It.was'left with the Chairman to write a letter to the Chief requesting him to come before the Board in regard to this matter. 1 • 1 Letter was received from H. F. Morse, Mgr. of New Eng. Dept., Employers Liability Ins. Co., in which he stated that on the request of Mr. Whittemore he would place 10/20,000 limits of liability insurance on the Liability refreshment booth to be occubied by the American Ins. re - Legion on Depot Park, April 20th free of charge, unless freshment some accident might be reT;orted in which the Town might booth. be held liable. The Chairman acknowledged the consideration with thanks. Invitation was received from the U. S. Veterans Hospital for April 24th. . The Chairman presented easement over the Haynes Property, and the Board agreed to have the easement Haynes signed by Mr. and Mrs. Haynes in connection with the easement. installation of the drain_ through their property. The Supt. of Public Works reported that the traffic count taken on Thursday, April 9, of the crossing at Waltham Street from the drug store to the fruit store, both ways; Mass. Ave. crossing from the drug store to the First Nati nal Store, both Traffic ways; from the fruit store to Blake's candy store, count. both ways as follows; 2494 persons in 16 hours, giving an average of 156 persons per hour. The largest number in any one hour was from 4 - 5 o'clock P.TYT. there being 322 persons. The Chairman reported that the April 19th Committee desired some assistance on the painting of the Captured German Field Piece to be given to the Town on. April 19th, which cost trould be about $6.00, and the feeding of the Waltham policemen who are to protect the Town on that date which would be approximately $12. The Board voted to take care of both of these charges and to ask the Chief of Police whether or not he could take care of the amount charged for the Waltham polieements food; and to charge the other amount to the Unclassified Account. The Supt. of Public Works was also instructed to provide transportation of the cannon from the Center Ergine house to the Common. April 19th. Transporta- tion, Cannon. Ya d An opinion was received from the Town Counsel. � in regard to the application of Daniel J. O'Connell for permission to alter the wooden building owned by him at 1775 Mass. Ave., and the application of George E. Smith to alter the building locted at 1840 Mass. Ave. which it is intended that Mr. Smith is to purchase froze Alteration the Lexington Trust Co. of O'Connell The Building Inspector refused to grant the bldg. & permits of both of these parties on the ground that no Lex. Trust third class building could be altered for use as a store, Co. Bldg. office building, factory, etc.. The Town Counsel gave the opinion that it has been the practice of the Blc'g. Inspector for years to apply this section only,to new structures and buildings made over into stores from their previous use and in his opinion this was the correct interpretation of this section. The Ohaizman reported having communicated with Mr.. Longbottom, Bldg. Inspector, in regard to this matter, and Mr. O'Connell and Mr. Smith both received permits for the alteration of the buildings. Letter was received from Mr. Charl-s W. Sherman, chairman of the Water Commissioners of the Town of Belmont, in which he called attention to the effect upon communities in the Metropolitan Water District of Senate Bill #463 now passed by the Senate and about to be referred to the House, which would have the effect of giving to the City of Worcester first claim ' tc the water from a considerably larger portion of the Wachusett Drainage area than it has already been granted. He called attention to the fact that this is in direct contracidtion to Section 12 of Chapter 315 of the Acts of 1926 and that it would be only another step if this present proposition under Senate Bill #463 is passed, to increase the amount of gallons per day to 12 or 15 million. He believed that this means of water supply is the most convenient and least costly, but it has not been shown that Worcester has no other resources. He requested that we advise our representative and senator to oppose the passage of this Act. The Board voted on the recommendation of Mr. Sherman to request the representative and senatbr to oppose the Act and it was left with the Chai rma n to write a letter to this effect. The Supt. of Public Works reported that the Engineering Department is having considerable trouble with the sewers and that there w."e seven or eight feet of sewerage in the manholes, and it appears that the sewers may be taking in drainage at some points. He stated that the Town Engineer requested an additional $1000 be appropriated for his Department, owing to the requests made on this department for work. ' The Board did not take any action of this matter. The Chairman brought up the fact that Miss Elinor Moakley had been in the employ of the Town longer than ' Miss Helen Spencer and he felt that she would be a better girl for the position in the Selectmen's Office, and therefore advised the Board to reverse their decision made at the last week's meating and to employ Miss Moakley in the Selectmen's Dept. and to transfer Miss. Spencer to the Assessor's DeUartment, later . on to work in the Water Dept. Mr. Custance'called attention to the fact that sane of the Town Meeting Members may want to vote upon the relocation of Mass. Avenue in front of the O'Connell property, owing to the fact that the Jury awarded $22,447. and in addition to this all the costs of the Court will have to be paid and the Town Counsel's fees. The Board discussed the matter at length as to whether or not the article should be inserted in the Warrant. The motion of Dr. Shannon that the article be inserted in the Warrant for the purchape of the O'Connell property and relocation of Mass. Ave. was not passed by the Board. The meeting adjourned at 12:52 A. M. A true record, Attest - Clerk, 11 Town Office Employees. O'Connell