HomeMy WebLinkAbout1931-12-2227
SELECTMEN'S MEETING
DECEMBEh 221, 1931 `
A regular meeting of the Selectmen was held In the ,
Selectmen's Room, `Town Office Building, at 7;30 P.M. Messrs.
Trask, Custance, Blake, Shannon and Gilcreast were present,
The Supt. of Public Works and the Clerk were also present.
Plilk It was voted to grant a Pasteurization of Milk License
License. to Swenson Brothers to do business at 210 Marrett Road,
Lexington.
Bids were received on the printing of the Lexington
Town Report as follows:
Mercury Printing Co., $1.72 per page
Melrose Free Press, 2.84
Town Somerville Printing Co. 1.75
Report. Lex. Times -Minute -Man 2.25
The Mercury Printing Co. being a reliable concern,
it was voted to grant them the bid for the printing of
Town Report for 1932.
The Lexington limes -Minute -Man also bid $350. for
the printing of the Sewer Report.
Letter was received from the Gamewell Company in which
Police they stated that now is an opportune time to install a
telegraph police telegraph signall9ng system.
system. The Board did not believe that they desired to look
into this matter at the present time.
Letter was received from the employer's Liability
Assurance Corporation in which they stated that the77- intended
r':ccident to take care of the three - claims for which notice has been
Claims. received of injuries, namely: the William H. Caples case,
Margaret Gaffney, and Mary S. and the late Joseph Ferry,
Notice to this effect was sent to the 'Town Counsel so that
he would not have to act in settling these claims.
Commitment of miscellaneous water charges in the amoi nt
Commit- of 44196.16 was signed by the Board; also commitment of
ments. sewer charges in the amount of $880.94.
Notice was received from the State Dept, of Corporations
Bonds. and Taxation that the amount of the bond carried by the
Town Treasurer for 1932 will be x;47,000. and for the Tax
Collector, $47,000.
Deed of the right -of -way the Town has rights in which
Right -of- is located between the house of Edson H. Bowman and one
spray, Linty wrned by David Hennessey was signed by the Board in
coln accordance with the vote of the `Down passed under date of
Street. November 23, 1931.
Mr. Custance agreed to communicate with Mr. Ryder to
get his deed of the rights to Mr. Hennessey and secure the
check of $50. for the Town.
277
Russell I. Prentiss, Health Inspector, came before
the Board to talk over the reports he had made to the Board
about Health matters.
In regard to the Ballard piggery on °food Street,
complaint of which was received from Miss Syer, the individual
members of "the Board decided to interview Mr. Ballard in an
endeavor to have him cooperate and to keep his premises clean
so there would be no need of further complaint.
In regard to the complaint of Mrs. Cushman relative OHealth
to waste water from the house of James E. McCarthy, matters.
27 Chase Avenue, Ialr. Prentiss found that Mrs. McCarthy's
mother, living upstairs, does dump out her washing water
and it is only soapy water and would not be dangerous
to the health of anyone. He also reported that this is
a family squabble, but he felt that Mr. McCarthy's
attention should be called to the condition and requested
to remedy it. It was called to the attention of the
Board that there is a sewer in the street and if Mr.
McCarthy connected with the sewer it would eliminate the
condition.
In regard to the complaint about the waste water
from the ice Crean plant of a. W. Partridge, at the
corner of Mar^ett Road and WNalthan Street, Mr. Prentiss
reported that he had Mr. Holmes, hngineer from the State,
go over the situation. He suggested, while he was at
the location with Mr. Prentiss, that possibly a series
fcesspools, the first one being air "-T-ht with a•
hemieal of some sort in it would clay g the water
that comes from the plant and then when it goes into the
brook it would not be s_limey and stagnant. However, the
Board will await the recommendation of Mr. Holmes which
probably will be received very soon.
In regard to the cesspool on the property of Leslie
Bull, the Chairman reported that this cesspool had been
fixed and the nuisance abated.
In regard to the complaint of Arthur March of
52 Bellflower Street concerning the construction of an
outdoor toilet and cesspool that were being constructed
by Robert Moakley, Mr. Prentiss reported that he found that
the toilet and cesspool that were being constructed would
drain toward a well on the premises of Mr. March and he
felt it advisable to move the cesspool farther -away from
the buildings and that the toilet be removed to -the back
line of the property. He felt that on account of the
living conditions, this house should be closed up and no
one allowed to live in it until the conditions were
changed. Mr. Prentiss reported that he had talked with
Mr. Moakley and the matter was going to be attended to.
Supt. of Public Works reported in regard to the
drainage on Mass. Ave. that Mr. 'shite, Supt, of Streets,
has been working for the Town for about thirty years and
Mr. Seamman stated that this drain was there before he
came to the,Town. He stated that there is a manhole
in the sidewalk near the old paint shop into which the fur -
face water from six catch basins flows, three being in
Mass. Ave.
278
Drain,
mass. Ave.
Joint
hearing,
Jenney Mfg.
Co.
At 8 P.M. joint hearing with the Board of Appeals
was called on the application of the Jenney Mfg. Co. for
permission to increase the capacity of their gasoline
station 1000 gallons.
The Chairman of the Selectmen read the notice of
the heariing inserted in the local paper.
The Clerk of the Board of Appeals, Roland W. Baldrey,
read the notice of the hearing of the Board of Appeals.
Mr. Harwood, representing the Jenney Mfg. Co., stated
that they
,desired to have this additional capacity to
put in another grade of"gasoline. `Phis would increase
their permit from 5000 gallons to 6000 gallons. The
grade they desired to put in now is a cheaper grade of
gasoline. They now have three grades there.
Mr. Gott, Ingineer for the Company, stated in'
response to inquiry, that he did not know the exact
location of the tank inasmuch as he has not looked over
,;'the property as vet, butoresumably it will be in the
driveway. He also stated that while they were changing
over the tanks, they would probably electrify the station
by putting in electric pumps rather than the old hand
pumps they now have. The general appearance of the station
Would�b(§.t,h(b:same. They now have three pumps and they
desire four pumps.
Mr. Blake inquired as to whether or not the island that
is located there is not out into the street.
Mr. Gott explained that the pump would not be located
in that island, and that island does extend out into the
street but the Selectmen gave them permission to leave
it there for its appearance.
There was no objection and the hearing was declared
closed.
After considering the matter, the Board voted to
grant the permit to increase the capacity 1000 gallons.
Town Counsel, S. R. Wrightington, came before the
Board with Mr. Charles H. Miles, Mr. Albert H. Burnham
and Mr. James G. Robertson, former Selectmen who were
members of the Board in 1926 when an Innholders License
was granted to Minnie E. Garvin to operate the Cary Farm
as an Inn. The license was granted 3n hpril and
revoked in June.
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There is a pipe running from this old drain carrying
it about 20a feet from the manhole. The water flows
out onto the swamp land lying between the railroad and
'
Mass. Ave. which fickle Brook flows through. From what
he could learn from appearances, this land has always
been a swamp. He stated that the sur®ace water can be
diverted at the place that it now enters the land, by
building 'stone drain at a cost of approximately $2000.
from the manhole now used to the culvert which carries
Sickle Brook under Mass. Avenue.
It was decir9ed to send the 5uptfs report to the
Town counsel together with the plan drawn by the
Engineering Dept, showing the conditions.
At 8 P.M. joint hearing with the Board of Appeals
was called on the application of the Jenney Mfg. Co. for
permission to increase the capacity of their gasoline
station 1000 gallons.
The Chairman of the Selectmen read the notice of
the heariing inserted in the local paper.
The Clerk of the Board of Appeals, Roland W. Baldrey,
read the notice of the hearing of the Board of Appeals.
Mr. Harwood, representing the Jenney Mfg. Co., stated
that they
,desired to have this additional capacity to
put in another grade of"gasoline. `Phis would increase
their permit from 5000 gallons to 6000 gallons. The
grade they desired to put in now is a cheaper grade of
gasoline. They now have three grades there.
Mr. Gott, Ingineer for the Company, stated in'
response to inquiry, that he did not know the exact
location of the tank inasmuch as he has not looked over
,;'the property as vet, butoresumably it will be in the
driveway. He also stated that while they were changing
over the tanks, they would probably electrify the station
by putting in electric pumps rather than the old hand
pumps they now have. The general appearance of the station
Would�b(§.t,h(b:same. They now have three pumps and they
desire four pumps.
Mr. Blake inquired as to whether or not the island that
is located there is not out into the street.
Mr. Gott explained that the pump would not be located
in that island, and that island does extend out into the
street but the Selectmen gave them permission to leave
it there for its appearance.
There was no objection and the hearing was declared
closed.
After considering the matter, the Board voted to
grant the permit to increase the capacity 1000 gallons.
Town Counsel, S. R. Wrightington, came before the
Board with Mr. Charles H. Miles, Mr. Albert H. Burnham
and Mr. James G. Robertson, former Selectmen who were
members of the Board in 1926 when an Innholders License
was granted to Minnie E. Garvin to operate the Cary Farm
as an Inn. The license was granted 3n hpril and
revoked in June.
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279
Mr. Wrightington stated that it has been six years
since she bought the property and that she is claiming
' false representation as a result of which she invested Garvin case.
in the Cary House. She is also claiming for the repairs
she made. She bought the property in 1925 from Mr. Neil
McIntosh. She is evidently relying on her conversation
that she claimed she had with Mr. Byron C. Earle and
Ivirs. Helen C. Whittemore on the grounds that she inquired
of them if she made an application whether or not she
could get a license and was assured tl-iat if she came
around and made application she would get the license.
She has adr?.tted that she did not have a personal
conversation with any of the Selectmen.
He stated that the Town is exempt from liability
of negligence of employees and he felt that the `town
has a better line of defense than the Selectmen.
Mr. Garvin has to show the damage caused by the
action of the Board. He had been over all of her
receipts and expenditures and could not find that any
of the expenditures for repairs were made after the
time the license was granted to her.
Mr. YJrightington suggested that an auditor's report
may be made on the case and,he thought an auditorLs report
%Would be favorable. The purpose of this meeting is to find out
whether of not the former Selectmen desired to.have the
case pressed.
It was the 41nion of these gentlemen that they
did not care to have the case pressed and it was just
as well to have it drag along. This was also the opinion
of the present Board of Selectmen;'
Mr. Alexander t�uinn and Mr. Rugene T. Buckley came
before the Board.
Mr. Quinn presented a letter in which he stated various
things that he would like to have done inasmuch as the
Bo erd have established a Board of Survey layout over
his property, He has relotted the land in accordance
with the request of the Board. He now feels that he Quinn
is entitled to a consideration as far as any cost is property.
zoncerned of putting in the sewer and any betterment
assessments for the _layout of the street.
`In regard to the two houses that were located in
the rear of his property now, he felt that if he sold
one house, he should be allowed to 'peep the other one on
a fifty foot lot.
He also felt that the `town should put some fill in
there so that he could build a house which he now
intends to start right.qway. He stated that-th-re was
about 1400 feet of land taken for the street.
The 'town Engineer stated that there would not be
an excavation and any fill that is put in there would
have to be brought in from some other place.
' Mr. Buckley also presented a letter stating his
position in connection with the layout of the street.
It will be necessary for him to move his house and
garage into a vacant lot in the rear and arrange for a
280
to the
bill of the Field and Garden Club
of $93.70., the
same
being one-half the cost of cutting
d
cellar, fitting the house to the
grading and sidewalk
and so forth. He requested that
the Board make an;
account inasmuch as Petr. Scarman
a4justment of these matters and start
construction of the
just
street at an early date.
to take care of
The Board discussed the matter
and Mr. Blake felt
'
that this matter would be a very
expensive proposition
before they get through with it.
He also called attention
to the fact that the Trustees of
the Bridge Fund might
not be willing to have the street
ex4ended to Oakland Street
at this time.
After discussing the matter,
the Board requested
Mr. Custance to bring in figures
to cover the entire
work necessary to be done.
The Town Counsel stated that the Swenson Brothers
have brought suit against the Town for what they claim
is excessive assessment on their property,, the same
being the Kelsey Ranch.
Mr. Wrightington said that this case must be tried
once more. It had been thrown out once before owing to
the fact that the Swenson Brothers did not file a
statement. He did not know how the action would come
out inasmuch as there has been a move recently in Boston
to reduce the valuation of property.
The Board discussed the disposal of the bridge which
goes over the railroad tracks from Oakland Street in
connection with this matter.
In regard
to the
bill of the Field and Garden Club
of $93.70., the
same
being one-half the cost of cutting
the grass borders
in
the Town, the Board deciddd to pay
this out of the
1932
account inasmuch as Petr. Scarman
reported he had
just
enough funds in the Highway Dept.
to take care of
the
current bills and payrolls.
A ?deport was received from Mr. Gilcreast explaining
about the telep��one contracts. He stated that the contract
for the gown Office Building is the most liberal contract
issued by the Telephone Company, having a switchboard
with six trunk lines and an allowance of 85 calls
per line per month and all calls in excess of 85 up to
500 being charged at the rate of four cents per call and
all calls in excess of 500, three and three-quarter cents
per call. In the month of September. the number of
excess calls were 355 and for October 388 and November 498.
Mr. Gilcreast felt that the increase should be looked into.
It was thought that the Trade Show in October was
responsible for part of the excess charges.
He explained the Police Dept. calls and felt that they
were keeping within their contract.
The School Dept. however have eight separate lines,
one in each school and one in the superintendent's Office.
The unlimited service at the Hancock School seems to be the
only one that exceeds the limit of the service given. He '
took this up with Mr. Grindle and wqs informed by him that
many of the parents of the children call up and ask for their
children, and if they are not present they request them to
call them when they come in and in this manner the bills
' run up. He stated that the Telephone Company recommended
that a switchboard be installed in the Superintendent's
office and operated there connecting all the schools. This
would reduce the cost materially. his matter should be
taken up with the School Co?nmittee.
It was felt that in order to reduce the telephone
calls in the Town Office Building that if the switchboard
were locked up at night and none of the lines left open
and an operator taking all calls during; the day that this
might reduce the expense.
The Board considered the amendment to the traffic
regulati m s presented by the Supt. of Public Works. This
amendment he felt would cover Hill Street and Revere Street
at Bedford Street and Concord Avenue at Walthan Street. He
would then have to submit this regulation to the State Dept.
of Public 'rdorks for their apporval and when that is received
the same will be published in the local paper.
The Board adapted the following regulation to be an
amendment to the Traffic Regulations: -
HILL AND REVERE STREET$ AND CONCORD AVENUE
281
Telephones.
Traffic
regulation.
Every driver of a vehicle, street car or other conveyance,
approaching an intersecting way at which there exists, facing him,
' an official sign, authorized by this regulation, said sign having,
apart from this regulation, the written approval of the Department
of Public Works of the Commonwealth of Massachusetts,a nd bearing
the word `stop" shall before entering and proceeding through the
intersection, bring such vehicle, street car or other conveyande
to a complete stop at such line as may be clearly marked, or, if
there is no line so marked, at a place between the said sign and
the line of the street intersection; In the case of a line of
two or more vehicles approaching such "stop" sign, the drivers
of the second and third vehicles in any group shall not be re-
quired to stop more than once at said designated line or place
or in the immediate vicinity. This regulation shall not apply
when the traffic is otherwise directed by a police officer or
by any other lawful traffic regulating sign, signal or device.
In accordance with the foregoing the Board of Selectmen
hereby authorizes the erection and maintenance of an official stop
sign or stop signs so as to face
Northeastbound drivers on Hill St. at Bedford Street.,
Southwestbound drivers on Revere St. at Bedford Street.
East and westbound drivers on Concord Ave. at VIaltham St.
Letter was received from the Town Counsel in which
' he enclosed a copy of the notice to be inserted in the
local paper and to be sent to the persons who signed the Shell
petition to revoke the Shell Eastern Petroleum Products complaint
Co, license for a gas station at the corner of Mass. Avenue
and Maple Street.
on
Letter. Letter was received from Mr. F. L. Emery in which he
enclosed a letter from Mr. B. S. Robinson of 4 Raymond St.,
in which Mr. Robinson set forth various items which he
suggested would improve the Town.
Bond. Mr. Custance presented guaranty bond of Mrs. Margaret
H. Crowley of Hast Street signed by John Fletcher of Common
Street, Dedham and Andrew Hammond, 48 North Union St., krl.
He reported as follows in regard to these two men:
_Information in regard.to water guaranty, Mr. John
Fletcher, Common St., Dedham, being in the garden business
for thirty ,years, had a farm in Sharon for eight ,years,
and sold it because he could not get other people to join
with him for town 'Cater. Had a greenhouse in Stoughton,
sold that. Married twenty-five years. Has one son. Has
money in the Dedham, Foxboro, and Brighton Banks.
Andrew Hammond, 48 No. Union St., Arlington. Worked
at market gardening for nine ,years. Worked for Alexander
Porter two ,years. 39 years old, married eleven .years;
two children, boy and girl. Mrs. Alexander Porter gives
following references:
Hxeellent character and always pays his bills. Has
approximately $1500 or more in Arlington rive Cents Savings
Bank. This has,been verified through Nelson Bowers of the
Bank.
He also presented a
for entrance upon her land
and the relocation of Fast
The Board voted to
Mrs. Crowley's bond.
release of claims for damages
in connection with a water main
Street.
accept the sureties signed on
Letter was received from the Town Counsel in regard
to the guarantys on Bridge Street in which he advised that
the water be not shut off as stated in the lettr3r of the
Board to the guarantors on Bridge Street. He felt that
the By-laws did not give the Board the right to shut off
the water for the non-payment of guarantys but it did for
the non-payment of water rates. He recommended, however,
an action of contract on the bonds and he would have to bring
a separate action on each bond against each defendant. Each
one under the bond is liable for the full amount of the
total deficit now of about $1300 unless the practice of
sending bills for proportionate parts can be held to
amount to a waiver of the obligation to pay the whole.
The Board, after considering the matter, voted to
instruct the Town Counsel to proceed to collect these claims
the method and manner of bringing suit to be left to his
discretion.
Mr. Custance called attention to the fact that Mr.
George Bailey desired water on East Street. He found
upon looking into the iratter that Mr. Bailey did not have
any property in his name. The property was in the name of
his mother. The Board decided they would accept a bond
signed by Mrs. Bailey with George J. Bailey as surety
inasmuch as Mr. Bailey would be the benefactor of any
property owned by his mother. The Board decided to have
the guaranty bond signed in this case. It was also decided
to request that a release of damages be signed.
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The matter of having a release of damages signed in all
cases was discussed and Mr. Blake recommended that this be
done. It vas decided however to inquire of the 'fown Counsel
whether or not this should be done in all cases.
In regard to the salary of Mr. Spencer, the Board
recently voted to approve $100. for the use of his car for
the year 1932.
Mr. Trask called attention to the fact that the Board
last year decided not to have any sum for the use of the
car but to have the entire amount given to Mr. Spencer
as salary, $3000. He stated that this was not approved
by the Appropriation Committee, however through some mis-
understanding the Board of Selectmen passed this vote. He
has however , taker, the matter up with the Appropriation
Committee and their are glad to have it remAin as salary
rather than for use of car, in fact they would rather have
all department heads have a straight salary instead of a
sum for use of their car.
It was voted to let Air. Spericer's salary stay as it
Is., namely $3000. per year for 1932.
The Board discussed the matter of the unemployed and
rather than call another Town Meeting, the Chairman stated
that he requested the Clerk to inquire of the Dept.. of
Corporations and Taxation at the State House what Night be
done in the way of expenditures for the unempl07ed.
Mr. Fenton, of that Dept., directed that funds could
be expended out of the rigular Highway, Park and :Yater
appropriations provided the sin expended every month did not
exceed one-twelt1h-.of,the ;appropriation of the previous year
and that the would recommend that the men be employed only
three of four days a week. He did not recommend that the
Board expend any more that one-twelth of the appropriation
unless they passed a vote considering it an emergency
measure.
The Board decided to start new applications for
employment for 1932.
Letter was received from the -Board of Appeals in which
they stated that they did not recommend amending the
Zoning Law to provide for applications similar to the
application of John La"nt to serve .meals to the public at
the Mohawk Country Club and that such cases that are taken
up be acted upon under the General Laws.
Letter was received from Pierre K. Northrup in which
he acknowledged the letter of the Chairman enclosing Mr.
Stepfen Hamblin's letter In regard to the traffic lights.
' The Board signed the application of Fred A. Meagher,
37 7Tears old, of 104 Woburn Street, for State Aid.
284
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Letter was received from; F. L. Emery in regard to
Old age Assistance to be granted to Mrs. Lothrop. He
acknowledged receipt of the letter of the Board in which '
they stated they would be willing to grant $10. per week
old age assistance. He also stated that he was requesting
Cdr. Walcott, Mrs. Lothrop's attorney, to apply for
assistance at the State House.
It was decided to call Mr. �Jmery's attention to the
fact that the application for assistance must coma through
this office and that action will. be taken as soon as
her application is received.
The Chairman reported that he had taken up the
matter of the Standpipe on Turkey Hill, Arlington, with
the Chief of the Fire Dept., Arlington.
He was referred by the Chairman of the Selectmen to
the Chairman of the Public Works Dept. and he ,.vould endeavor
to arrange for a joint meeting with that Board to talk over
the situation.
.In regard to the agreement of the owners of property
on Lowell Street to pay a certain amount for the guaranty
Mr. Custance reported that the work was done at the rate
of $2.45 for the 8" water main installation. He felt
therefor that the abuttors should not be charged the rate
originally a reed upon and advised that they be charged
the rate of 2.20 making a total of $539.22 for the total
guaranty and the Board so voted. ,
Mr. Gilcreast recommended that Old age Assistance be
granted to John Devine who lives at the hest Inn, in
theamount of $10. per week to pay for his board. lie
also recommended that Old Age Assistance be granted to
Mrs. Mary O'Toole, Central Block, at the rate of $8. per week.
Information on Vine Brook drainage was received from
Metcalf and Eddy. `-Phe Board decided to leave the matter
until they had an opportunity to read the report.
It was voted to allow the Farm Bureau. the use of
Cary Memorial Hall for the meeting of the Boston Market
Gardening Association on Jan. 26th for the amount of $25.
The weep-ly report of the Supt. of Publ: c Forks was
received.
The meeting adjourned at 11:55 P.M.
A true record, Attest: -
Clerk.
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