HomeMy WebLinkAbout1933-05-23278 01
SELECTMENIS MEETING r'C
MAY 232 1933.
'
A regular meeting of the Board of Selectmen was held
in the aelectments Room, Town Office Building, at 7:30
P.M. Messbs. Trask, Gilcreast, Ferguson, O'Connell and
Lyons were present. The Clerk was also present.
Bids were received on the revenue loan of $175,000
dated May 240 1933 and payable October 11, 19330 as
follows:
R. L. Day - Dis. 4.94
Bids on
Second Nat. Bank - Dis. 3.71
Temporary
Faxon Gade - Dis. 3.25
Doan.
Lexington Trs. Co. - Dis. 3.02
It was voted to award the bid to the Lexington Trust
Co.
Mr. Gilcreast explained that in all probability no
bids would have been received on the temporary loan had
they been payable April 11, 1934 as the request for
bids stated. Upon talking with various banking houses
he obtained this information and communicated with the
Town Treasurer to have the date changed 8o October 11,
1933, so that there would be bids received on the loan.
State
It was voted to grant State Aid in the amount of $9.
Aid
per week to Frank Sullivan of 40 Woburn Street, Lexington,
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The Chairman reported that Daniel Shea, to whom the
bill of $228. was rendered for broken hydrant on Mass.
Shea
Avenue and labor in replacing the hydrant and water wasted
charge for
as a result of the break, appeared before him and stated
broken
that the reason he did not stop to report -in regard to
hydrant
the broken hydrant was owing to the fact that he had
his wife with him and she had just had a baby and as a
result of the hydrant being broken she was wet and he
rushed her home and put her to bed. He stated that he
received $20. a week pay and still has to pay for his
wifets care at the hospital and he felt that this bill
was exorbitant. He expressed the desire to pay the bill,
but could not pay it except in small amounts of one or
two dollars a week, and intimated that he would pay up
to $150.
In view of the young man's circumstances and his
straightforward story, it was decided to adjust the
charges to make the bill $150.
Hearing was declared open on the application of
Knox
George A. Knox, Jr. for permission to maintain a one car
Garage
Hearing
garage of wooden construction at 79 Shade Street.
Mr. Knox appeared and presented plan showing proposed
'
location. No persons appeared to object, and it was
voted to grant the permit subject to the approval of the
Building Inspector.
279
The following licenses were granted:
' Junk Collectorts - Theodore Sheffres
Common Victuallers- Jos. Break & Sons Corp.
Overhanging Sign - I. J. Michelson
Rufus W. Blake
Ernest C. Martin Licenses.
Edgar Thivierge
Mike & Christy Hallos
Forrest E. King.
In regard to the Junk Collector's License to Mr.
Theodore Sheffres, he requested that the license be $25.
for the year. The Board, however, discussed the matter
and decided to make the fee $50. for the year, but
Mr. Sheffres could make part payment upon receiving the
license.
Notice was received from the Civil Service Dept. Police
that an examination for Sergeant of the Lexington Dept.
Police Dept. will be held on June 23rd. The Chairman
requested that the examination be held' in Lexington.
The Board signed certificate relative to the character
of William G. Potter who is to be one of the incorporators Potter,
of the Minute -Man Golf Club located on Concord A,,enue, Minute -Man
The purpose of the incorporation of the club is so that Golf Club.
' it may opersat6 as a private club and not be subject to
the Zoning Laws in reference to obtaining a Common
Victualle its License and a license to sell beer.
Notice was received from the State Board of Health in
which they requested that the disease of influenza be Board of
stricken from the list of reportable diseases in the Health
Regulations of the Board of Health. Regulation.
This notice was received in time so that it was
stricken from the regulations.
It was decided not to take any action on the application
of Esther R. Barnes for permission to erect a two car Barnes
garage on the premises at 12 Sheridan Street inasmuch as Garage
the plan promised by Dr. Barnes had not yet arrived.
Application for the position of road engineer to take
the place of Mr. Alexander Quinn who resigned, was received Road
from Mr. William D. Hunter, 18 Drew Avenue. Engineer
It was decided not to take any action on the
application.
Letter was received from Metcalf & Eddy in reference Nat.Ind.
to the assurance by the National Industrial Recovery Act Recovery
which has been recently endorsed in Congress, relative to not.
' contributions to Towns,iand cities for public works.
Inasmuch as this bill has not yet passed, no action was
taken on the matter.
280
Letter was received from the Health Inspector in which
he stated that the property of James Moran is now cleaned
Moran up and that he intended to wash the inside of the buildings
permit. and dry them and whitewash them. He therefore recommended
that a permit be granted to Mr. Moran.
The Board felt, however, that the buildings should be
whitewashed first before a permit was granted and decided
to so notify the Inspector.
1
The Town Engineer presented a plan showing the
regular line of the property owned by the Town adjacent
Joy
to the property of Charles R. Joy, and the -Chairman
property
explAined that the children have been running across
Mr. Joy's property adjacent to the School Playground
in order to put up the fence along the line, the
property line should be straightened. The plan
showed two parcels of land to be deeded to Mr. Joy from
th6 Town and one to be deeded from Mr. Joy to the Town.
The Board voted to complete this transaction and
referred thb matter to the Town Counsel to prepare a deed
to be executed, and to insert articles in the Warrant
authorizing the acceptance and gift of the property.
Sam Lippe. of Fottler Avenue came before the Board
again to request that the article be inserted in the
Warrant asking the Town to purchase the water main ih
Fottler Avenue.
The Supt. of Public Works came before the Board and
Fottler
was requested to get an outline of what had occurred in
Avenue
regard to the installation of this water main. He
Water mains,
stated that when the land was originally laid out by the
Suburbdn Land Co. that it was laid out contrary to the
Board of Survey Act and the developer would not chmage the
lay out, and the Town then made a lay out of the property
which was not developed in that manner by the Land Co.
Later Mr. Brand requested the Water and Sewer Commissioners
to install water mains, and not until a later request
was made to the Board of Selectmen was the water installed
by the residents of the street themselves. The Town now
has accepted the street, and whenthe street was accepted
the water pipe was lowered by the Water and Sewer Dept.
Mr. Lippe, explained that he desired first to get
the entire cost of the pipe, but not being able to do
that, he would be willing to listen to a proposition from
the Board, and stated also that he had a highway betterment
of $800. against the property which he could not pay. He
had to spread this over a period of ten years and has
paid for two years.
After Mr. Lippe, retired, the Supt. of Public Works
was requested to figure out what would be a fair value
for the pipe less the depreciation and inform the Board
at the next meeting.
It was voted to insert an article in the Warrant
requesting the Town to purchase the water main.
Subsidy
Abatement of subsidy claims in the amount of $142.63
Claims
was signed by the Board.
Letter was received from the Health Inspector in which
he stated that the property of James Moran is now cleaned
Moran up and that he intended to wash the inside of the buildings
permit. and dry them and whitewash them. He therefore recommended
that a permit be granted to Mr. Moran.
The Board felt, however, that the buildings should be
whitewashed first before a permit was granted and decided
to so notify the Inspector.
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The agreement prepared by the Town Counsel on
Simonds Road was presented to the Board. The Chairman stated
' that these agreements were presented to the Lexington Trust
Co. and Mr. Stanley E. Cliff and signed, and executed. Water
The Board also voted to approve the Guarantee Bonds of Guarantees
Stanley E. Cliff for Simonds Road, and Rose M. Standish for
Gleason Road.
It was decided to take double precaution on the installation
of water mains so that if the betterment which is a new
procedure does not hold, the guarantee bond would still be
filed in the office.
Letter was received from the State Dept, of Old Age
Assistance in regard to the aid being rendered to Mr. and
Mrs, C. W. Johnson, 406 Concord Avenue. They stated that
the arrangement under wh1ch they are now living is that they
are paying $10. a month for living quarters and $1, for
electric light and that both Mr. and Mrs, Johnson are doing
work about the house for Mr. and Mrs, Howard, who purchased
the house at 606 Concord Avenue, for which they receive no
compensation. They therefore recommended that the aid be
reduced to $6. per week each. It would be sufficient for
Mr. and Mrs. Johnson.
The Bureau of Old Age Aslistance therefore voted to
reduce the aid to $6. a week and notify Lowell, who desired
to have the aid reduced also.
' The application of Dana E. Perkins for Old Age Assistance
was referred to Mr. Gilcreast for his attention.
At 8 P.M. hearing was declared open on the application
of George A. Parks for permission to maintain a filling
station on lot located at the corner of Mass. Avenue and
Curve Street adjacent to the property of Pichette & Ahern.
The Chairman stated that the notice of the hearing was
duly advertised in the local paper, and joint hearing was
being held with the Board of Appeals on the application.
The Clerk of the Board of Appeals read the notice of the
Board of Appeals hearing.
Mr. Edward L. Crowne presented the petition in behalf
of Mr. Parks and spoke in favor of the application being
granted.
Mrs. Crowne also spoke in favor of the petition being
granted.
Mr. Baldrey, of the. Board of Appeals, recalled to mind
that at the hearing on the application of Pichette and Ahern
to maintain a garage on the adjoining lot to that which is
now being petitioned for for a fillinG station, that Mrs.
Crowne objected to the garage and filling station. He
therefore inquired whether or not any radical change had
been made in the neighborhood that would make her change her
' mind. She stated that there was not except that they felt
that this was a good corner and that they should be allowed
to use it for a filling station.
Johnson,
Old Age
Assistame
Mr, H. S. Towne, 756 Mass. Avenue, registered his objection
to the filling station.
Perkins,
Old Age.
Parks
hear ing
282 1
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Vernon C. Page was also present but did not register any
objection or state that he was in favor. '
No other persons were present at the hearing.
It was voted to lay the matter on the table for one
week.
Supt. of Public Works came before the Board and reported
in regard to the claim. of Paul Bloustein for personal
injuries caused by a pole which he stated had been cut off
Bloustdin
and was extending above the top of the ground, that he
claim
investigated the conditions and saw that the pole stuck
up out of the ground leaving the stump. However, then
the engineer went there to take a photograph of the condition,
apparently the Telephone Co. had removed the obstruction.
It apparently was evident that he also made a claim to the
Telephone Co. for injuries.
It was voted to deny all responsibility in this case.
Supt, of Public Works presented a letter in which he
Gleason
stated that Rose B. Standish applied for the extension of
Road
a water main in Gleason Road a distance of 280 feet from
water
No. Hancock Street and the Supt, of the Water & Sewer Dept,
main.
recommended that the main be carried to Dee Road, 200 feet
more, making a complete circuit and doing away with the
dead end.
The Supto was authorized to purchase the pipe for
these extensions. '
Letter was received from John F. Cranston of 30 Hill
Street in which he called attention to the fact that when
blasting was done on Hill Street when trhe street was
Ledge on
widened, that the ledge on -his property adjoining Hill
Hill St.
Street was loosened and that rocks have been falling to
the street and that he felt that this was endangering the
lives of the public.
The Supt. of Public Works reported that he had investi-
gated the condition and had the Highway Dept. remove the
loose rocks in the highway, but that he felt that the
ledge was so far away from the travelled way that there
would be no danger to the travelling public.
It was therefore decided to notify Mr. Cranston to
this effect and that the Board did not feel it was necessary
to do any work on the ledge at this time.
Statement was received from the Supt. of Public Works
Sewer
of sewer rental accounts amounting to $2245.47. The Board
rental
authorized that these amounts be placed in the hands of the
accounts
Town Counsel at the last meeting.
Letter was received from the Supt. of Public Works in
regard to the complaint of Thomas Heaney relative to
'
Mr. Moodono being employed on the Highway Department. Mr.
Heaney reported the matter to the State DIpt. of Labor and
Industry.
The Chairman stated that he was not of the opinion
that Mr. Moodono was a non -citizen and since thattime he
requested that Mr. Moodono be laid off and that Mr. Mitchell
get an account of his financial condition and the earnings
of the family so that it may be decided whether or not he
will have any further employment.
Supt, of Public Works reported that Mr. Moodono took
out his first papers many years ago, but has never completed
his citizenship.
Letter was received from the Supt. of Public Works in
which he stated that when a water main was laid in Wood
Street, Linn B. Swain did not pay a guarantee. Later the
property was sold to Mrs. Mildred DeWitt, who is his mother-
in-law, and for whom the Water Dept. turned on the water
inasmuch as she could not be responsible for the guarantee.
Mrs. DeWitt has now vacated the property and informed the
Water Dept. that all future water bills be sent to Mr. Swain.
He recommended that the information be sent to the Town
Counsel and also to find out if there were any property
transfers so that Mr. Swain could be held responsible for
his share of the guarantee.
The Town Engineer reported that he understood that the
bank was to take over the Swain property.
It was decided, therefore,, to take up this matter again
in two weeks time to see what changes have been made in the
meantime.
' Supt. of Public Works presented letter requesting that
the appropriation of $100. be granted for attendance at the
Water and Sewer Dept. convention.
The Chairman stated that it was understood that there
would be no money available for conventions this year and
also that the Board would not insert an article in the
'I;arrant asking for an appropriation. The Board therefore
voted that`no action should be taken requesting money for
the -Water Jlept. convention.
Supt. of Public Works was authorized to wecure a check
for the seleen door in the Town Office Buildipg.
283
Swain
Water
Guarantee
Information was received from the Supt. of the Water
and Sewer Dept. that Mr. Blake intended to request water service
in the Lexington Park Development.
It was decided that all requests for water be inserted
in the article in the Town Warrant.
Lawrence Allen appeared before the Board and gave further
proof of the use of the building owned by Mr. Denham, which
he claims was formerly used for a garage and repair shop.
Letter was received from the Town Counsel in which he
stated that if the building at the time of the adoption of
the original Zoning By -Law was and is still being put to a
non -conforming use, it may continue to be used for the same
purpose. He understood, however, that the use in question
weds not in existence at the time the r vision of the Zoning
Law took effect in July, 1929. He referred to the case of
Lexington vz Bean, 272 Mass. 547, 553 which assumed the
Conven-
tion.
Water,
Lex.
Park.
Repair
shop,
Denham
property
284
01
amount of $256.16, Daniel J. O'Connell in the amount of
$500.54, and Walter Black in the amount of $255.28
c�
validity of this decision, and stated that he was of the
Mr. O'Connell stated that he did not know of any
opinion that the application should be denied.
charges that remained outstanding against him, and it was
The evidence presented by Mr. Allen did not show that
decided to send him an itemized statement of the account.
the building was used as a repair shop on July 19, 1929.
'
Mr. Allen was therefore requested to get further
Custance in regard to the payment and he informed him that
information.
they had always paid their accounts, but at the present
The question arose as to whether or not, if Mr. Allen
tuna they were short of cash, but he would endeavor to pay
did present proof that the building was used at this time,
these accounts, and he had already paid two amounting to
a hearing would have to be held to allow the use of the
$63.72.
building.
The matter was discussed, and it was decided that no
The Chairman was requested to get the opinion of the
further water or sewer services should be given unless the
Town Counsel in -this matter.
estimated amount of the cost of service is paid prior to
Letter was received from the Metropolitan District
the time and service given.
Commission asking for a statement relative to the correct
In regard to the amounts outstanding, it was decided
elevation for the sewer to be installed in Lexington. '
'
to ask the Town Counsel whether or not service could be
Information formerly prepared by the Town Engineer was to
refused in these cases until such time as the bills
Sewer the effect that the grade would be 148.00 feet above
outstanding were paid.
Mean Sea Level.
The Chairman reported that the Metropolitan Sewer
Commissioners themselves were petitioning the Legislature
for an Act allowing the construction of the sewer to the
Lexington Town Line. They are therefore prepared to start
this construction at an early date.
Letter was received from Chief Edward W. Taylor in
which he stated that he understood that Mr. Lyons intended
to make an investigation of the Fire Dept, and that I Fire Mr. Lyons did not have the support of the full Board on
Dept. this investigation.
Mr. Lyons also read the letter which was written to
him by Mr. Taylor in regard to his obtaining the records,
and desired to have the matter laid on the table for one
week .
List of outstanding accounts of Custance Bros. in the
amount of $256.16, Daniel J. O'Connell in the amount of
$500.54, and Walter Black in the amount of $255.28
were presented to the Board for water and sewer services.
Mr. O'Connell stated that he did not know of any
Outstand-
charges that remained outstanding against him, and it was
ing water &
decided to send him an itemized statement of the account.
Sewer serv-
The Chairman stated that he talked with Mr. Howard
ice bills.
Custance in regard to the payment and he informed him that
they had always paid their accounts, but at the present
tuna they were short of cash, but he would endeavor to pay
these accounts, and he had already paid two amounting to
$63.72.
The matter was discussed, and it was decided that no
further water or sewer services should be given unless the
estimated amount of the cost of service is paid prior to
the time and service given.
In regard to the amounts outstanding, it was decided
'
to ask the Town Counsel whether or not service could be
refused in these cases until such time as the bills
outstanding were paid.
Mr. Ferguson presented the proposed Plumbing and Gas
Laws which had been prepared by his Committee and stated
' that he would go over the proposed laws with the Town
Counsel.
It was the intention of this Committee to present the
laws to the Town Meeting for action.
Mr. Mitchell came before the Board and stated that he
had received another application from Joseph Keefe of
Woburn Street for assistance. He had no recommendation
in regard to the matter as yet.
C
In regard to the case of Pasquale Moretti who was
before the Board at their last meeting, he stated that one
house was in the name of Pasquale and the other in the
name of Mrs. Moretti. The co-operative bank mortgage was
13500. but had been re -financed for $3400., payments being
34. a month, and upon taking the matter up with the
Co-operative Bank, they stated that no further reduction
in payments would be given on account of the refinancing.
The other house is at 80 Bow Street, and is in the Arlington
Five Cents Savings Bank with a straight mortgage of
$3200. at six per cent. The 1931 taxes have been paid
but the 1932 taxes have not been paid.
The Board felt that there was no reason why the Town
should assist them in purchasing their property and decided
to take no action on the matter.
285
Plumbing
Laws
Keefe
case
Mor a tt i
Stephen Waters is now living at 2 Avon Street and paying
$10. a month rent, where he formerly lived at home with his
father. The father is not receiving aid, and Mr. Mitchell Waters
recommended that he be granted additional aid in the amount
of one day, making three days assistance.
Frank A. Hart has applied for additional time and
Mr. Mitchell checked up with Burke Blu0bing Co. and they
stated that they had no work for him. He now has his son,
14 years old, with him boarding at Mrs. Jones' and it was
voted to give him three days.
Mr. Mitchell was authorized to grant whatever aid was
necessary to Mrs. Daniel McInnis and family while her
husband was ill. He had been employed by the State, but
is troubled with Sinus trouble and is unable to work at
the present time.
It was decided to lay the matter of employment of Mr.
Modoono on the table until report was received from Mr.
Mitchell.
Hart
McInnis
ITU.. f. ..
It was decided to again employ Mr. H ans Ivarson for
' two days a week. Mr. Ivarson has returned from the Westboro Ivarson
Insane Hospital and has been unable to get any work.
In regard to given employment to pay taxes, it was
decided that no employment be given this year to pay taxes.
Taxes
286
0
Mr. Mitchell reported that there was a thirty per -cent
reduction in the cases receiving aid since April"lst.
Letter was received from the State Dept. of Old Age '
Assistance in which they stated that they would not approve
additional assistance for Mr. and Mrs. Makechnie above
the $6. a week they were now receiving.
It was therefore voted that Mr. Makechniets son, who
lives with them and who has paralysis and is unable to work,
should be placed on the Welfare list to the extent of $20.
per month rent.
Mr. Mitchell stated that he received a quota from the
government for re -forestry as of eighteen men to be sent,
of the ages from 18 to 25. Eight men havd already signed
up and have been examined by Dr. Hardcastle, and he
expected one more to sign tomorrow morning.
He stated that in the case of John O'Brien and George
Rudd, who had no relatives, Mr. Conant of the Dept. of
Public Welfare stated that he would allow one or two uses
of this kind to go that had been receiving aid on the Welfare
Dept. In regard to returning their money, the Board
sugSested that the money be sent to Mr. Mitchell to be held
by him rather than to any other invididual whom they might
designate.
The meeting adjourned at 10;47 P.M.
A true record, Attest; '
Clerk
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