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HomeMy WebLinkAbout1931-12-22 276 SELECTMEN'S MEETING DECEMBER 22, 1931 " A regular meeting of the Selectmen was held in the Selectmen' s xoom, 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. Milk. 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 signallUng 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 their intended .ccident to take care of the three claims for which notice has been Claims , received of injuries, namely: the William H. Canles 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 amcnant Commit- of 41196.16 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 $47,000. and for the Tax Collector, $47,000. Deed of the right-of -way the Town has rights in which Night-of- is located between the house of Edson H. Bowman and one way, Lino- rowned by David Hennessey was signed by the Board in coin accordance with the vote of the Town 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 Wood 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 Ars . Cushman relative bHealth to waste water from the house of James E McCarthy, matters . 27 Chase Avenue, Lir. 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 t1. W. Partridge, at the corner of Mar^ett Road and Waltham Street, Mr. Prentiss reported that he had Mr. Holmes, Lngineer from the State, go over the situation. He suggested, while he was at the location with Mr. Prentiss , that possibly a series f cesspools, the first one being air t , ,ht with a Ifthemical of some sort in it would clar g the water that comes from the plant and then when it goes into the brook it would not be slimey 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. White, Supt . of Streets, has been working for the Town for about thirty years and Mr. Seaman 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. 278 614 cana 1.c There is a pipe running from this old drain carrying Drain, it about 200, feet from the manhole. The water flows Ielass . Ave. 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 . ce water can be diverted at the place that it now enters the land, by building a 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 decided to send the Supt?s 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 hea' ing inserted in the local paper. The Clerk of the Board of Appeals, Roland W. Baldrey, Joint read the notice of the hearing of the Board of Appeals. hearing, Mr. Harwood, representing the Jennev Mfg. Co. , stated Jenney Mfg. that theyrdesired to have this additional capacity to Co. put in another grade of gasoline . This would increase their permit from 5000 gallons to 6000 gallons. The grade they debired to put in now is a cheaper grade of gasoline. They now have three grades there. Mr. Gott, Vngineer 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 '.ret, butpresumably it wil]. be in the driveway. He also stated that whip 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 would4-be the 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 1 cense was granted n April and revoked in June. 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 Mrs . Helen C . Whittemore on the grounds that she inquired of them if she made an application whether or not -.he could get a license and was assured teat if she came around and made application she would get the license. She has admitted 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. Wrightington 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 opinion 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 Quinn and Mr. Eugene 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 Board 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. concerned 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 keep 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 away. He stated that th-re was about 1400 feet of land taken for the street. The 'down 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 Cind cellar, fitting the house to the grading and sidewalk and so forth. He requested that the Board make an adjustment of these matters and start construction of the street at an early date. 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 expended 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 decided to pay this out of the 1932 account inasmuch as Mr. Scarran reported he had just enough funds in the Highway Dept. to take care of the current bills and payrolls . A report was received from Mr. Gilcreast explaining about the telephone contracts . He stated that the contract for the Town 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 Nuperintendent ' 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 was informed by him that many of the parents of the children call up and ask for their 281 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 Telephones office and operated there connecting al] the schools . This would reduce the cost materially. his matter should be taken up with the School Committee. 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 regulatiais presented by the Supt. of Public Works. This Traffic amendment he felt would cover Hill Street and Revere Street regulation at Bedford Street and Concord Avenue at Waltham Street. He would then have to submit this regulation to the State Dept. of Public Works for their apporval and when that is received the same will be published in the local paper. The Board adopted the following regulation to be an amendment to the Traffic Regulations:- HILL AND REVERE STREETS AND CONCORD AVENUE 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 Waltham 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. 282 tsilt Cin Letter. Letter was received from Mr. F. L. Emery in which he �a enclosed a letter from Mr. B. S. Robinson of 4 Raymond St. , F� 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. , Aral. 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 •ater. 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 : Excellent character add 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 release of claims for damages for entrance upon her land in connection with a water main and the relocation of East Street. The Board voted to accept the sureties signed on Mrs. Crowley's bond. 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 letter 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 hatter 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. 283 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 Town 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 , taken the matter up with the Appropriation Committee and they 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 Mr. Spencer'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 experditures for the unemployed. Mr. Fenton, of that Dept. , directed that funds could be expended out of the rIgnlar Highway, Park and Water appropriations provided the sun expended every month did not exceed one-twelth of'-the appropriation of the previous year and that he would recommend that the men be employed only three of four days a week. He did not recommend that the Board expend any more thab, one-tweith of the appropriatirn 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 Laer_ont 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. Stephen Hamblin's letter in regard to the traffic lights . The Board signed the application of Fred A. Meagher, 37 years old, of 104 Woburn Street, for State Kid. 284 bpi, I Can i Aa Letter was received from F. L. Emery in regard to �°°C Old Age Assistance to be granted to Mrs. Lothrop. He acknowledged receipt of the letter of the Board in which they stc,ted they would be willing to grant $10. per we&1r old age assistance . He also stated that he was requesting Mr. Walcott, Mrs. Lothrop' s attorney, to apply for assistance at the State House. It was decided to call Mr. 13°mery' s attention to the fact that the application for assistance must come. 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 would 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 agreed 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 test Inn, in the amount of $10. per week to pay for his board. He 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. The 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 weekly report of the Supt . of Publ; c Wor>rs was received. The meeting adjourned at 11 :55 P.M. A true record, Attest:- Clerk.