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HomeMy WebLinkAbout1932-11-0852 Chapman, re fall on side- wiklk. Mid. San. applioa- tion. Juror SELECTMENIS MEETING NOV. 83, 1932. 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, Gilereast, Ferguson and O'Connell were present. The Supt. of Public Works and the Clerk were also present. Letter was received from L. H. Chapman of 958 Mass. Avenue in which he called attention to the fact that his wife, Mrs. Bessie L., fell on the sidewalk between her house and Inddpendenee Avenue on September 3rd, 1932, at 11 P.M. He had two witnesses to the fact that she fell and called attention to the fact that Mr. Scamman repaired the sidewalk the following week. She was attended at that time by Dr. Piper and he was inconvenienced by his wife having been confined to her bed sinee,that time and that she now has been advised to go to Symmes Hospital. No statement was included as to what he felt the Town should do in regard to the matter. The matter was left with the Chairman to attend to. Application of Charles Lowe of 16 Franklin Avenue, Lexington, was signed by the Board for admittance to Middlesex County Sanatorium. Robert C. Merriam of 24 Oakmount Circle was drawn as a Juror for the Criminal Session. In regard to the request for street lights on Brandon Street Street, Mr. Scamman reported that two lights vrould be lights, necessary. Brandon St. I It was therefore voted to insert an article in the next Town Warrant for two lights on Brandon Street. Request was received from Charles R. Butcher, Deacon of the First Pentecostal Church of Lincoln, requesting permission to use the Lexington Reservoir on Marrett Road, 1 1 J Notice of suit against the Town for the betterments Vander- established in the VanderWoude case and also a request for Woude damages were received by the Board, and were handed to the case. Town Counsel who was present at the meeting. In reference to the request of Mrs. Ida L. Stevens for an additional street light on Mariam Street between property Street of Willard D: Brown and C. H. Miles, the Supt. of Public light, Works reported that he did not believe another light was Mariam St. necessary inasmuch as there were more lights in this area than are usually installed. The Board therefore decided not to install the light as requested by Mrs. Stevens. In regard to the request for street lights on Brandon Street Street, Mr. Scamman reported that two lights vrould be lights, necessary. Brandon St. I It was therefore voted to insert an article in the next Town Warrant for two lights on Brandon Street. Request was received from Charles R. Butcher, Deacon of the First Pentecostal Church of Lincoln, requesting permission to use the Lexington Reservoir on Marrett Road, 1 1 J 53 ' for baptism of converts on Sundays under the direction and supervision of the Church. The Board voted to grant the request. The Chairman read a letter received from the Commissioner of Civil Service in which he stated that if requisition was made to the Civil Service office for a Police Officer, the names would be Sertified and if the persons decline, they will hold another examination. In regard to George Pierce, he Police stated that they had not received any word from him that he Officer would not be available for appointment to the position of Police Officer, The Chairman stated that he requested the Chief to go into the Civil Service office and explain the situation to them and report to the Board. Supt. of Public Works reported in regard to the condition of the large tree on the old Huntington property at the corner of Maple Street and Mass. Avenue that the tree was about six or seven feet through the base and was in very rotten condition. One limb of thirty inches in diameter Tree at hangs directly towards the house located on the property. old He advised that a release be procured from the owner of the Hunting - property before removing the tree. He stated that this tree ton was located about 200 feet from the street and did not over- property. hang the highway. Attention was called to the fact that ' this matter had been brought up before by Mr. Emery for the Town to take care of, It was decided not to take any action on removing the tree inasmuch as it is not on town property. Mr. Gilereast reported that he would lige to have one Budget more week to bring in the statements advising reduction of the expenditures of the Town Departments. Mr. Custanee also stated that he would like to have one Voting more week to bring in sketch for the stands for posting voting stands. material. The Chairman reported in regard to the Summit Road sewer that Mr. Chamberlain endeavored to get the 100 names to petition the Selectmen to call a Town Meeting, and was discouraged inasmuch as the people did not care to sign Summit requesting the Town Meeting. He reported that to Mr. Ide, Road and Mr. Ide decided to spend $100. in making some arrangement Sewer. to take care of the sewage this winter and in the Spring again request the sewer in Summit Road. Owing to the fact that there were two holidays in the month of November, it was decided not to close the hall on Holiday ' Saturday, November 12th, for one-half a day. John T. Cosgrove, Town Engineer, was presented by the Chairman with a purse of $60, in gold, a wedding gift of the Gift. Selectmen and the Town Office employees. 54 The Board decided to authorize Water ing $500# from the Water Maintenance Const, of pipe to replace the two inch main Street. the use of not exceed- ' Account for the purchase in Tewksbury and Sargent Mr. Bertram Dalrymple came before the Board and stated that he desired to get some work. He was living with Unemployed. Timothy Leary on Muzzey Street and had been there for some time and was unable to pay any board. He stated that his mother was now in Hopkinton with hls sister and was peing taken care of by her. He worked there this summer with his brother-in-law for his board. It was decided to give him one day a week. Letter was received from John J. Garrity, Supt. of Flag Pole the Park Dept., in which he suggested that a flag pole of for play- steel construction be purchased for the Center Playground. ground, He explained that the children at the playground are taught to raise and lower the flag and he felt that this was good influence upon them. He stated that the cost would be around $4. per foot. It was decided to request him to inform the Board as to the height of the flag pole so that they would know the total cost. The matter was therefore laid over until this information was obtained, Town Counsel, Sydney R. Wrightington, came before the ' Board in reference to the Shea case which is now before the Court. He stated that they have already had two days of hdarings and the case was scheduled again for Thursday. He stated that at the last hearing they put up the proposition of the action of trespass on real estate on which there was some common law, and it was suggested that the question be submitted to the Appellate Division for decision. He stated that he had no authority to.do so without taking the matter up with the Board and the einform them that he was not Shea ready to agree to it, Mr, McLaughlin, Attorney for the case. Sheas, stated that he would agree to it. Mr, Wrightington felt that there would be other questions that would have to go before this divieton, and he felt that it was not wise to do so at the present time, After the decision is made in the case, the Town would then have the right to go before the Supreme Court if there was a judgment for damages. He stated that he inquired of Mr, McLaughlin whether or not he wanted the, Zoning Law changed or whether he wanted the brook diverted, and he stated that he did not want either; he wanted the damages. Mr. Wrightington called attention to the fact that the Town changed the surface of Oak Street to a hard surface in 1922 and they contended that this inerdased the amount of water which goes onto the Shea property. He stated also , that they had Sergeant Russell summoned as a witness and he testified that after the road was fixed up more water came onto his land. i, 55 He called attention to the plan of McClintock and Woodfall in 1913 in which they diseovered'the word "swamp" in the area of the Shea properjjy. Mr. Woodfall is now the Town Engineer of Belmont, and he took thematter up with him and intended to put him on the stand to testify as to the plan, but not as an engineering expert. Another matter in connection with the plan of McClintock and Woodfall shows two branches of the brook and the branch that was close to the end of this pipe at that time is all filled up and the course of the brook.is different than the other branch and he supposed the work was done as a result of the report of McClintock and Woodfall although there is no record to show. Mr. Worthen does not remember, but undoubtedly the change in the brook was made. However, he felt that the situation was not very good when the Town had a pipe coming down Oak Street and landing in the field, bringing down a lot of gravel and plugging up the pipe. There had also been evidence brought into the Court that having had been done on this field at one time. He asked the Assistant Town Engineer to make a study of diverting the pipe and he has already made some grades but he had not figured out the cost. This he felt Shea was the only way to cure the situation. Mr. W rightington cases stated that he endeavored to establish testimony of twenty years rights, but the testimony brought in by Mr. Me"'aighlin, that of Nlas Mitchell that there was an extdnsion made in 1916, is Vithin the 20 years, so that there have been many legal connundrums which have arisen in the case. He stated that also Mr. White made an entry on the property last June to clean out the pipe because the water was clogged up. He stated that he estimated that the damages as -'figured by the Assistant Town Engineer on the basis of their claim would be about $12,000. The Board advised Mr. Wrightington that they were not prepared'to go to the Appellate Court for the decision. They also advised him to cumminicate with Mr. George Harrington and Mr. Frank Fletcher for further information. He was also requested to get information about Mr. James McArdle who testified about the work having been done in 1916 on this brook, as -to the time that he sold his house off Mass. Avenue in Arlington and when he returned and purchased a house up on Lowell Street. Mr. Custance reported in regard to Lincoln Street that he had taken up the matter with the Planning Board. The Town Engineer stated that they endeavored to communicate with Mr. Fellows about the circumferential highway before taking any action in the matter. Mr. Custance felt that all main Lincoln highways out of the center of the Town should be laid out Street, safe for travel. He stated that Lexington, unlike other Towns, have people come into its center for"the historic interests and therefore he felt that the outlets should be well established and connecting with the main thoroughfares. He felt that Lincoln Street bounds should be set inasmuch as eventually, the street would connect up with Concord Avenue, Weston and eventually to the Worcester highway. The Board decided to view the proposed lay out and to meet on Sunday afternoon at 2 o'clock at Mr. SchelbTs property. 56 cn �C Albert A. Ross, Supte of the Pater and Sewer Dept., R came before the Board in regard to water rates. He presented a list of water takers that were using large amounts of water and suggested that the rate be changed for users of over 50,000 gallons to $.15. He stated that this would represent a loss to the Town of $306.45. Mr. Ferguson felt that the change should be made on the schedule for 10,000 feet. Mr. Ross presented a list of the rates of various towns as follows: - METROPOLITAN DISTRICT COMMISSION Nater Division Rates charged for metered water in the Metropolitan hater District Jan, 1, 1931. Rate per 100 Cu. ft. ARLINGTON. Quartbrlyr 544 cu. ft, 1 fixtire only, $1.25 - $.23 760 2 fixtures only, 1.75 .23 1087 Max. quantity for min.rate,.23 $2.50 Up to 100000 cu. ft. .23 100000 to 201,000 .21 , 20,000 50,000 .19 50,000 250,000 .17 Over 250,000 .15 ` BELMONT Semi-annually: 1500 cu. ft, maxe quantity for min. rate, $5. .333 Over 1500 .15 BOSTON Annually: 5435 cu, ft, max quantity for min.rate, X10. .184 Up to 20,000 cu. ft. .184 200000 to 40,000 .171 40,000 1,000,000 .158 Over 1,000,000 .105 BROOKLINE Quarterly: No minimum mall quantities .le CHELSEA Quarterly; 1154 cu. ft. mx. quantity for min. rate, $1.50 .13 Over 1154 .13 ' 5 Rate per 100 cu.ft. EVERETT Annually: 4800 cu. ft. max.quantity for min.rate,$6.00 $ .125 Up to 20,000 cu. ft. .125 20,000 to 40,000 •12 40,000 100000000 .11 Over 1,000,000 .08 MALDEN Semi-annually-, 2188 cu.f .rax.quantity for min.rate,$4. .183 Annually: 4375 " Be .183 Up to 40,000 cu. ft. .18 40,000 to 500,000 .17 Over 5000000 .14 MEDFORD Quarterly: 1000 cu.ft.max.ouantity for min.rate, $2. .20 Up to 10,000 cu. ft. .20 Over 10,00 cu. ft. .16 Monthly: Business rates: An average of 150 to 2700 cu, ft. per day .16 2700 4000 .14 Over 4000 .12 MELROSE Annually: 2500 cu. ft. fixture only, $5.00 .20 4500 max. quantity for min.rate, $9. .20 ' 10,000 to 15,000 ..18 15 Over 15,000 Up to 100000 .20 MILTON Quarterly: 1000 cu. ft.max, qusn tity for min.rate, $3.00 .30 Over 1000 .25 NAHANT Annually: 5000 cu. ft. qu`ant.Cty for min.rate, $10. .20 Over 5000 • .187 NEWTON* Annually: 4000 cu. ft. max, quantity for min.rate, 010. .25 Avdraging daily for six months: Up to 100 cu. ft. .25 Over 1000 •12 QUINCY + Annually: 3200 cu. ft. 1 fixture only, $11. .34 4000 2 " " 13. .325 5600 single house fully plumbed, $17. .30 5600 double house not fully plumbed,$17. .30 7200 max.quantity for min.rate, $21. .29 ' Over 7200- Domestic use .23 Commercial, 20,000 to 200,000 .20 Manufacturing & Laundrihs .18 In Distrkct but not supplied regularly from Metropolitan Works. of Rates for summer season, $12. 58 Rate'per � 100 cu.ft. n REVERE. Annually: 3333 cu.ft, l-xturre only, 5..15 5333 2 fixtures only, 8. .15 6667 Max.quantity for min.rate,$10. .15 Laundries and schools .1125 SOMERVILLE Quarterly: 1000 cu.ft.mkx.q�"-ua`nt1ty for min.rate, $1.50 :15 Up to 900,000 cu. ft. .18 900,000 to 1,800,000 .10 Over 1,800,000 .08 STONEHAM Annually; 3200 cu.ft.max.qu�an fty for min.rate, $8.50 .266 3200 to 25,000 cu.ft. .30 25,000 to 75,000 .25 75,000 700,000 .17 Over 700,000 .13 SWAMPSCOTT Annuallys 3333 1/3 cu.Pt. max.quantity for min.rate,$9. .27 Over 3333 1/3 .25 WATERTOWN Annually: 2500 cu.ft. 1 fix re only, $6 .24 4000 cu.ft. max.quantitiy for min.rate,$10. .26 Averaging daily: ' Up to 500 cu.ft. .25 500 to 1000 .24 1000 2000 .23 2000 5000 .225 5000 7000 .21 7000 8000 .18 Over 8000 .13 WINTHROP + Annually: 4444 cu. ft. I'f3 t e only, $8, .18 6667 cu, ft. max.ga.antity for min.rate,$12. .18 Up to 40,000 .18 Over 40,000 .l6 Monthly: 8 ecial rates allowed: U. . Government 100 to 100000 cu. ft.) .15 10,000 to 20,000 } Contract expires .14 20,000 40,000 ) in 1933. .12 401,000 110009000 ) .11 t Rates for summer season $8. per family for4444 cu. ft. This table was compiled from information furnished by officials of the cities and towns in the District. ' S. E. Killam 59 The Lexington rate established in 1928 is as follows: ' Rate per 100 cu Quarterly; 1,000 cu. ft. 1 fixture only, $3. .30t. 1250 max.quantity for min.rate, $3.75 .30 Up to 10, 000 bu. ft, .30 109000 to 30,000 .25 30,000 to 50,000 .20 Over 50,000 .18 Mr. Ross stated that he had no complaints except from Porter Bros. & Wilson and Hutchinson in regard to the charges. Some members of the Board felt that they were in business and should expect to pay for the water used. Mr. Ferguson was of the opinion that the rates in Lexington are too high and that they should be changed. Mr. Ross informed the Board that the cost of water to Water the Town was 9 cents in 1930 and six in 1929, and he did Rates, not know what the charge would be this year. Discussion arose as to whether or not the bonds of the Water Department should be paid out of the earnings of the Department. Mr. Ross reported that about thirty per cent of the Metcalf and Eddy program has now been completed and he suggested that the available surplus be used on replacing the four inch mains. Supt. of Public Works stated that he had figures on the valuation of the water department plant and he would bring them up to date. The Board decided to give the matter further consideration next week. Attention was called to the fact that Mr. Rain, who did not sign the guarantee on Wood Street and when the water was shut off left Town, has not returned there to live and Swain the person wh6m the house was supposed to be sold to, Mrs. Water DeWitt, appears to be his mother-in-law. quarante4 Application was made by Mrs. DeWitt to have the water turned on and this was done. Mr. Swain, however, had not paid the guarantee and refused to do so. Mr. Lawrence G. Mitchell came before the Board and stated that he had received application from Norman Pero for aid. Mr. Pero was discharged from the Middlesex County Sanatorium Pero October 5th, and according to physician's report, will be case unable to work for one,year. Mr. Mitchell was requested to see what arrangements he could make for his board and report to the Board later. In regard to the application of Hans Iverson, it was decided to give him $6, per week, working it out two days a Ivaraon. week. ' Application was received from William J: Hanna of 18 Wine Street for employment. Mr. Mitchell stated that he Hanna worked for H. P. Hood Co., and that he informed him that he case* came to Lexington to get cheap rent. He has one child. The Board decided to lay the application over for one week. 60 n ORc Application was received from John Angus MacDonald who married May Ann McGann, formerly of Lexington. He, at one ' time, apparently was in good circumstances, but he had been MacDonald* out of work for some time. He is an inventor and at the pres- ent time has a proposition in New York which might bring him some funds. They are boarding with Mrs. Mitchie on Waltham Street and she stated that they did not have money enough to pay for their board for the past three weeks. It was decided to aid Mrs. MacDonald to the amount of $6. or $7. per week, whatever could be arranged. Application was received from Fred Nichols Thomas of 2 Shirley Street, who has three children of school age. He Thomas worked for 25 years for Bigelow -Kennard, and more recently case* has been working for Mr. Partridge. He has spent all of his savings, and is now living with his brother who pays one-half the $35. rent. According to the schedule, he should be obtaining $18.30 a week. It was decided, however, to give him three days work. In regard to James Casselli, Avon Street, Mr. Mitchell Casselli reported that he found that Mr. Casselli had been in New case. York quite some time where he had worked, and it apparently appeared that he was a State case. It was decided not to make any change in this case of three days per week work. Application was received from Alfred E. Weisinger of Wessinger Avon Street who has two children and is expecting another case* next month. No action was taken on this application. u C Application was received from Carmon MacDonald of 7 Morris Street, who apparently appeared to be a Lexington MacDonald case. The man had eight children and pays $22. a month case* rent. lid has lived in Lexington since June 29, 1926. Mr. Mitchell stated that from all appearances, the family were very much in need. They had had their lights shut off and were unable to pay the bill. It was decided to give the max three days work per week. In regard to the application of Elmer F. Kenney of Kenney 855 Mass. Avenue, it was decided to give him the equivalent case* of three der s in groceries and to give him very little cash inasmuch as it was felt that the children would not get the benefit of the money. In regard to Dwight Allen who lives with Mr. Harry Gre4 Green on Lincoln Street, his wife has arranged to go to the case Salvation Army hospital, and Mr. Mitchell agreed to give his one day extra a week to pay the hospital bill. In regard to the application of Caywood Greening, Mass, Greening Avenue, it was decided to lay the matter on the table for case, further information. Application was received from Alfred E. Weisinger of Wessinger Avon Street who has two children and is expecting another case* next month. No action was taken on this application. u C 1 61 Application was received from Pasquale Terrazzana of Terra - 18 Sylvia Street. Hw owns a house for which he is paying zzanna. $46, a month to the Co-operative Bank. Mrs. Sardillo lives in the house and the Town is paying the rent of $25. in the winter and $20, in the summer. He recently worked in a laundry and has been out of work only a very short time. It was decided lira to act upon this application as yet. Application was received from John W. Murray of Fletcher Avenue. No action was taken on this application. Murray Joseph Ferry of Ames Avenue asked for one day more work. Ferry It was decided not to give him any more aid than he is now receiving. In regard to the application of John Laniefsky of Tucker Laniefsky Avenue, it was decided to give no employment. In regard to the application of Carl Nelson, who is now to have his family moved to the home of his mother-in-law, Nelson Mrs, John Rose on Muzzey Street, it was decided to give him one day. Mr. Pasquale Moretti requested an opportunity to work Moretti out his water bill, but it was decided not to give him any m ore work. Mr. William Aquaro of Rawenn Avenue asked for employments He stated that he was boarding two State children at an income of $7; that his son was getting from $2. to $4, a week, and Aquaro one daughter, who had just become employed, was receiving $7* per week. It was decided not to give him any employment. Edward Hart of Wallace Court requested one extra day. No action was taken. Hart Frank Clare of 443B Mass. Avenue, requested permission to work out his water bill. The Board decided not to give Blare him the opportunity. Mr. Gilcreast reported in regard to the Old Age Assistance application of Henry Walker, that Mr. Walker had equity in his property of The property belongs to his Walker, wife and he is serving as guardian. He stated that he could Old Age not get along on $6, which is now beinranted him as Public Assistance Welfare Aid, and he felt he should haveg 18.75 to get alongon. It was decided, however, to give him $6. a week Old Age Assistance inasmuch as he rents part of his house and that goes towards the Co-operative Bank payments. In regard to the application of Martha R. Jones of 11 Fletcher Avenue, this woman moved here with her daughter, ' Mrs. William G. Howes, from Aklington. The settlement of the case is in Arlington, and it was voted to grant her $4, a week for Old Age Assistance, the same amount having been given her in Arlington. Jokes, Old Age Assistance. 62 Codn Owl In regard to the request of the State Dept. that more Dunham money be paid to�catherine Dunham, Mr. Gilcreast stated , ' Old Age that he consulted with the Chamberlain family and they did Assistance, not feel that they should reduce the rent of Mrs. Catherine Dunham. Mr. Gilcreast stated that he would look into the matter further before taking any action. In regard to John Devine, Mr. Gilcreast stated that he ,. ' checked up where he was living in the Lexington Inn and found from the books that .Mr. Devine had only paid J42. to them in the last six months, although he was paid $10. per_ *Devine,, week Old Age Assistance. He was informed that Mr. Devine Old Age goes away Early in the morning and does not return until Assist- eight or nine at night and for that reason, they reduced his ante, board to $5. a week. He now owes them between $600 and $700 and he agreed to give them a mortgage on his property on Utica Street. Mr. Gilcreast stated that he would consult with Mr. Worthen and Mr. Joseph Cotton in regard to Mr. Devine's affairs and report at a later date. In the meantime, it was decided to discontinue Old Age Assistance to John Devine until the matter is straightened out. The weekly report of the Supt. of Public Works was received. The meeting adjourned at 11:30 P.M. I A true record, Attest: Clerk.