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HomeMy WebLinkAbout1931-12-15268 WZh SELECTMEN'S MEETING DECEPABER 159' 1931. A regular meeting of the Board of. Selectmen was held in the Town Office Building,.Selectments. Room, at 8 P.M. Messrs. Trask, Custance, Blake and Shannon were present. T,,e Supt. of Public Works am the Clerk were also present. The following bids were received on a temporary loan of $125)000.00:- 1125)000.00;-Temporary Lexington Trust Co. 4.85 Temporary Kidder Peabody 4.33 Loan. First Nat. Old Colony 'Ti�ast Co. 4.37 It was voted to instruct the Town Treasurer to accept the bid of.Kidder Peabody at 4.33. Miss Mona Holland came before the Board in reference to her bill for highway betterment on Taft Avenue. She stated that she was quite certain that she was in Florida when the bill came for Taft Avenue. When she got her bill Highway there was no enclosure in the envelope except the bill apportion- itself. Not receiving any instructions, she did not rment,Holland. request that it be apportioned and thought that probably it would be apportioned in the office over a period of ten years knowing that was what was to be done. The Board felt that Miss Holland was honest about ' the matter and decided to request the Board of Assessors to abate her assessment and to .recommit it over a period of ten jrears . In connection with this, the Board also discusted the advisability of apportioning, all betterment assessmeints over a period of ten years when notice is not received on the date set forth for persons to file their notice of Apportion- appo rtionment. ing better- It was considered that this would eliminate a ments. great deal of controversy. It was decided, therefor, to advise the Board of } .Assessors that in the opinion of the Selectmen this should be done. S. R. Wrightington came before the Board and stated. that he was a member of the Unitarian Laymen's Leaguep and this organization has presented four moving picture shows, the proceeds of which were to be turned over to the Public Health Association. Theyaare now in arrears Laymen's about $167. and inquired whether or not a`further League. reduction might be made in the expense of the''thiil inasmuch as the purpose was entirely for charit. The Board. decided to accept a check for 6o. for the use of the hall for the four evenings which ' it was used. %own Counsel, S. R. Wrightington, carry before the Board in reference to the Building Line established over the property of Caroline A. Harrington. In regard to the suit brought by Donald Shea and Justin Shea, Mr. Wrightington stated that he found that this was a claim that water comes from a catch basin on Mass. Avenue down back on to his property which is the -old paint shop, and some cottages adjacent thereto. They stated.that they found a hole in the ground and the end of the pipe they Shea had traced to the catch basin on Mass. Avenue and as a result case. they have wet land and request damages. The Supt. of Public Works was requested to look into the matter and give the Town Counsel inforuration as to the location of the pipe from wiiich the water is draining and find nut if it was drained in there by the Town. In regard to the claim of Ev.1 Gorberg, Town Counsel reported that this was a case where land was purchased from Arlie Burgess and this party claims that there was a Tax Title sale of the land and that tax notice was incorrect and insufficient and they are bonging suit to recover damages. He is requesting the Tax. Collector to give him information in regard to the Matter, 269 He stated that Mr. Stearns, the attorney for Mrs. Harrington, has further consulted with Mr. Y. L. Emery and he read a letter directed to him from Mr. Emery in ' reference to the matter. The consideration was on the basis of purchasing the land for the sum of $&i00.00. Mr. Wrightingt(In also stated that a suggestion was made to him that while this matter is being considered, a further 'trade might be made with her relative to trespassing on her land while the work is being done on Vine Brook, m d if she might claim any damages for this work that it might be settled now. The Town Counsel felt that he should talk with the Town Ehgineer in regard to the possibility of working on her land if the work is done on Vine Brook drainage. The Board considered the matter and felt that by all means this consideration should be requested of her. The betterment assessment of $718. filed against bh e property of Caroline A. Harrington when the building line Harrington was established wks also discussed and whether or not this case, might be deducted from the $3500. i.f the Board decided to purchase the property. Attention of the Town Counsel was also called to.the fact that the Board have already filed with the County Commissioners a.petition for the relocation of Mass. Ave. from Waltham St. to Woburn Street. Mr. Wrightington stated that he was glad to know this inasmuch as any consideration of dm ages at the time of a highway taking might be talked about at present in connection with this settlement, The Hoard considered the questinn of cost of Court if this suit is pressed and felt that it would be better to advise a settlement of $3500. taking in the matters considered in connection with the brook, and so advised the Town Counsel, The Board does not intend to hold a Town Meeting until the annual meeting and whether or not Mrs. Harrirton would wait until that time for the appropriation was something - thatyMr. Wrightington stated he would take, up with her attorney. In regard to the suit brought by Donald Shea and Justin Shea, Mr. Wrightington stated that he found that this was a claim that water comes from a catch basin on Mass. Avenue down back on to his property which is the -old paint shop, and some cottages adjacent thereto. They stated.that they found a hole in the ground and the end of the pipe they Shea had traced to the catch basin on Mass. Avenue and as a result case. they have wet land and request damages. The Supt. of Public Works was requested to look into the matter and give the Town Counsel inforuration as to the location of the pipe from wiiich the water is draining and find nut if it was drained in there by the Town. In regard to the claim of Ev.1 Gorberg, Town Counsel reported that this was a case where land was purchased from Arlie Burgess and this party claims that there was a Tax Title sale of the land and that tax notice was incorrect and insufficient and they are bonging suit to recover damages. He is requesting the Tax. Collector to give him information in regard to the Matter, 270 the Board to attend a meeting at the Hotel: Stater In regard to the claim of Vincent Brogna, Mr. Wrightington j stated that he had employed Neil McIntosh as a real estate expert to value the land. He has viewed the property and feels Brogna that the damage is in the vicinity of seven or eight it el4im. hundred dollars. In other worl#, bears out Mr. Brogna's statement that he felt he was entitled to damages. ' Mr. Prentiss had several written reports before the health Board relative to various matters. reports. It was decided to request Mr. Prentiss to come before 'Water the Board next Tuesday evening to discuss the matters. in The Clerk reported that no further information has East St. been received from Mr. O'Connell syn the claim received from Vienna Edwards of injuries caused by falling over a rock on Mass. Avenue ne ur the corner of Stratham Road.. Edwards Stanley Higgins, Asst Town Engineer, went to the claim. location and could not find any rock that Miss Edwards Relocation,Lowell could have stumbled or fallen over other then'.the drainage ,,;est St. curbing. This also was the report of the Supt. of Public Works. Notice was received from the Dept. of Agriculture Invitation.inviting the Board to attend a meeting at the Hotel: Stater on Wednesday at two o'clock relative to the milk situation. j Mr. A. W. Gilbert, Commissioner, stated that the price of milk to the farmer is now around $wOZJ per quart which is way below the cost of production. This must be corrected. Mr. Custance brought up the matter of water in Eest ' Street. He stated that he had a request from Mrs. Daniel (Margaret) Crowley and he felt that if the water was to be put in East Street, it should be installed in the proposed 'Water new location of the highway, lie presented a plan drawn by in the Town i, ngineer showt ng the new location of the street East St. and Town Counsel advised that a ]release be signed by Mrs, Crowlwy so that the Town may be protected when installing the water main in her private property. Town Counsel was requested to draw up the form of release. This relocation., a study of which was made, was from Relocation,Lowell Street to Adams Street. The Town Engineer explained ,,;est St. the layout of fifty feet and the Board decided to hold an informal hearing on this relocation on December 30th at 8:45 P.M. It was also voted that a twelve inch water main be extended in East Stre+3t from Lowell Street: to the property of Mrs. Margaret Crowley, a distance of approximately 800 feet, provided a satisfactory guaaratxpy*,bsandi.ts ,presented. was also decided to have an informal hearing bh the Burlington relocation of Burlington Street, from Hancock Street to relocation Sr Grove Street, at 7:45 December 30. In regard to the taxes of Nellie H. Viano, Bow Street, $10.13 of which became the Town 's share after the taking was made, it was decided to request the Appropriation Committee to transfer this amount from the Reserve Fund. Mr. Custance stated that he felt that the Board used false ecanomy in votlAg to disconnect the telephone at 271 the barn at the Almshouse while the horses are at the barn. He therefor recommended that the Supt. of Puhlic Works be instructed to have a telephone installed in the barn temporarily for a period of .four months until the horses are disposed of. It appears that at a certa_n time in the morning the men in that vicinity report at the barn and. Mr. White calls them and gives them instructions about taking the horzees out to work and in case of snow it would be very hard for Telephone him to' get these men out, and they know that they are to report Alms - to the barn for d!ity and can call him from that telephone. house. The Board voted to have this telephone reinstalled for a period of four months provided it be locked in a cabinet and one or two of the men have the keys so that the use of the telephone would not be abused by outsiders. Mr. Custanee reported that Miss Helen A. McCaffrey states that she will not sign the release presented by him to her McCaffrey until Mr. Scajman fixes the wall on her property that he property. promised to fix five years ago and alos fixes up the fbnee. Letter was received from Alexander Guinn in which he requested permission to talk with the Board in regard to damages which he claims he is entitled to by reason of the the new layout over his property. The Board decided to have Mr. Quinn come before them next Tuesday evening at 8:30 P.M. Letter was received from the American Legion Post desiring; to know where the german Field Piece is placed. ' The Chairman replied that the Board not being satisfied German with the location on Hastings Park have stored the German Field Field Piece until a satisfactory location is found. Piece. List of outstanding water rates in the second section Water rates. was presented to the Board. Bill for the Sewer Renort b- y Metcalf and Eddy in the amount of $2737.61 was signed by the Board, $262.39 having Sewer already been paid, making a total of $3000. for the Sewer report. Survey. Letter was received from them in which they stated that they would furnish the extra co,)ies to the Board as requested. The Board discussed whether or not this reuort should be printed in the Town Report and decided to offer it as committee report at the Town Meeting, but not to print it as gapart of the Town Report. If it was printed, it would be printed is a separate report. Bill for visits made by the Public Health nurse in Tuberculosis cases amounting to $51. was approved by the Board. In regard to the petition of -the residents in the vicinity of the Shell Eastern Petroleum Products £filling station, the Town Counsel replied to the Board that permits for filling stations are renewed from Year to Year_by the fillies of a certificate with the Town Clerk, but the Selectmen may revoke the permit for cause. The Dept. df Public Safety in- formedThim that they had no experience with requests for Filling revocation of aermit due to keeping open at nicht. In his station. opinion facts would have to be shown that would �ustif* suit 272 by the adjoining owners to obbain an injunction against_ a nuisance. The noise sufficient to disturb the sleep of other residents would probably be sufficient for that Filling Durnose. Station. The Board decided to have a formal hearing on this matter and to publish a notice in the paper and notify the persons petitioning.the revocation of the permit. Letter was received from the Field and Garden Club in which they stated that the work on the grass borders in the Town cost $187.40. They stated that the understood Bill for the Board was willing to pay one-half the expense. The borders. Board assured them that they will be glad to pay this expense and appreciated having the work done. Letter was received from Richard K. Conant, Commissioner of the Dept. of Public Welfare in which he called attention Public to the Dept. of Public Welfare to the fact that persons Welfare. holding read, estate that is heavily mortgaged and where nothing can be raised on it, are now entitled to relief through the Public Welfare Dept. Letter was received from Elmer A. Lord and Co. in which Mr. Hill called attention to the fact that there was no Insur- sprinkler leakage insurance on the Franklin School add incee advised that a 12,000. policy be issued, the cost of which would be $19.20 for one ye-tr and two and one-half times .that for three years. . The Board voted to place this insurance. Request was received from the American Legion Post Poppy for permission to have a peppy sale sale on the streets of sale. the Town on December 19th. The Board voted to grant this permission. Viet. Letter was received from the Metropolitan Planning Planning Division frith the recommendations of that Divisifnnto the Planning Legisls�ure for Highway projects in the districts. Notice was received from the Appropriation Committee Row St. in Which they stated that they will transfer the sum of $154.69 from the Reserve Fund to the account of Bow Street widening. Letter was received from the Supt. of Public Works in which he quoted prices from R. D. Wood and the Warren Foundry Co. on pipe as follows; R. D. Wood Company 6" pipe - 48&¢ per ft. 81f " - 64y " " 10" If - 86¢ n n W, " - $1.12 " " freight allowed to North Lexington. Warren Foundry Company 6" pipe @ 44� per.ft. all n 6n tt 10" If @ 8a tt n 12a n a 1405 tt re 16" "' @ 1.78 " r' delivered by truck at any u job or at the yard as designated by the Supt. The Board voted to authorize the Supt. of Public Works to order the following lengths of pipe, the same to be delivered as requested and it to be understood that this is with the understanding that the Town makes the appropriation in Mareh:- 3000 ft. 6" pipex.44 $1320.00 5000 " 8" to :601 3025.00 8000 " 10" " .81 6480.00 5000 1' 12" " 1.05 5250.00 In regard to the situation at Bedford Street, at the intersection of Hill and Revere Street, Mr. Scamman reported that recommendation #1 of the State Dept. of Public Works has been carried out. To further protect the location he believed that #4 and 5 would afford sufficient protection. Number four and five are as follows #4. Erect isolated stop signs on Hill Stre^t and Revere Street and pass standard regulatir.,,ns requiring obedience to them. (District Engineer will gladly assist you in this matter) #5. Instruct officers to summons all drivers exceeding 45 m.p.h. through this intersection. The cost of two self -reflecting signs would be approximate- ly $37. but at the present time no funds are available. The Board considered the matter and felt that number five recommendation would be sufficient. The Chairman reported having replied to the letter of Stephen F. Hamblin in which he informed him that he was referrin the matter contained in his letter relative to traffic on the streets of the Town to the Chairman -of the Highway Safety Committee, Judge Pierre Northrup. 273 The Supt. of Public Yorks presented the guaranty on Bridge Stre<t. It was found that the guarantees of Mr. Jones, and Mr. Gartland were signed by sureties. Guavanty The Board discussed the matter of gaarantys and decided bond. to request the Town Counsel if it would be wise to proceed to collect the guarantys by suit. The Board would like to make.. a test case to find out whether or not they can collect guarantys. In regard to Mrs. Julia O'Leary's application for O'Leary,Old Old Age Assistance, ti was voted to grant $8. per week. Age Assist- ance. In regard to the coritition of the Murphy property, on Follen Road, Mr. Custance suggested that a new wall should be put up down there setting it back to the line oi; the street. He felt that there was additional traffic owing to the Smith Avenue development and that there was a bad curve and it should be. fixed. He stated that it might be ,possible that Mr. Anthony Ross might be.called upon to bear part of the expense of carrying out this work inasmuch as when he put the steam shovel in there he knocked down the _h nd so that it is now in bad condition. Murphy property. 274 Fottler Letter was received from M. E. S. Clemons, attorney for Samuel.Lippa, in. which he stated that at the hearing Dec. 8th, considerable stress was laid on the alleged absence of approval by the Board of Survey.of the plan including Fottler Avenue, then a private way. He stated Ave.that he had before him a blue print dated March 23, 1930 which gave the approval of the Board of Survey with :three conditions. Mr. Scamman presented the plkn showing the approval of the Board of Survey with the names of Wm. S. 5camman, Jay 0. Richards and Wm. B. Foster thereon, dated March 23, 1920. The Board considered the matter and decided not to change the vote whereby they refused to'pay for the pipe. In regard to the letter received from H. W.*Swenson, Clematis of Swenson Brothers, relative to Clematis Brook, the Brook. Chairman was requested to reply that the Clematis Brook situation is being studied and later on something might be done about it that would remedy the situation and would not damage the.owners lower down on the brook. The Chairmen was requested to take up the matter Arlington of the Standpipe in Arlington with the Arlington Standpipe* authorities to see whether something might be done in regard to having a bill in the Legislature. It was granted to vote a license to transport Garbage garbage to John _Chaves of Lincoln, Mass. license. Outlook Drive The figures on the cost of constructing Downing Road & Downing and Outlook Drive were presented to the Board., These Rd. figures were to be sent out to the persons petitioning for their signatures. Plan showing 'a right-of-way on Lincoln Street which Hennessey right -of. the Town voted to convey to David Hennessey was -presented by the Town Engineer. `"fay. The Town Counsel advised that a description be drawn up by the Engineer of this right-of-way referring to the old lines inasmuch as the plans of the right-of-way seemed to vary. Agents The following Motor Vehicle agents licenses were granted: - licenses. Calvin W. Childs, Lugene J. Viano {Colonial Garage} and F. K. Johnson. The Board discussed the employment of single men and sink*le � nc,le ent, felt they should be only employed where they are the support of families::. men. The Supt. of Public Works reported that he had cleaned Cleaning, Vine Brook from the Fork to Mass. Avenue to take care of gine the difficulty complained of by the residents in that Brook. vicinity. ' Letter was received from the Supt. of the Water Dept. in which -he stated that a Mrs. Rogers on Bridle Path was being 'Nater supplied with water from Fern. Street through private hands and nepto the long service has sprung a leak which is somewhere between the house and the meter. Mr. Vernon Page asked the Water Dept. to estimate a new service for Mrs. Rogers and this would cost about $300. 0 1 1 D This woman is a widow and cannot pay for the service. The Board felt that she should employ a plumber to repair the leak. The meeting adjourned at 11:45 P.M. A true record, Attest: Clerk. 275