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HomeMy WebLinkAbout1933-05-23 278 C/ SELECTMEN'S MEETING r'C MAY 23, 1933. ' A regular meeting of the Board of Selectmen was held in the §electmen's Room, Town Office Building, at '7:30 P.M. Masabs. 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 24, 1933 and payable October 11, 1933, as follows: R. L. Day - Dis. 4.94 Bids on Second Nat. Bank - Dis. 3.71 Temporary Faxon Gade - Dis. 3.25 Loan. 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 Co 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. 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 wife 's 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 garage of wooden construction at 79 Shade Street. Hearing 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 Collector's - Theodore Sheffres Common Victualler's- 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 Avenue. Minute-Man The purpose of the incorporation of the club is so that Golf Club. it may operwtb as a private club and not be subject to the Zoning Laws in reference to obtaining a Common Victualler 's 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 got. contributions to Towns.°.and cities for public works. Inasmuch as this bill has not yet passed, no action was taken on the matter. 'L 280 01 +-c 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 Lippa 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 Suburban Land Co. that it was laid out contrary to the Board of Survey Act and the developer would not change 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. Lippa 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. Lippa 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. 281 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 which they are now living is that they Johnson, are paying $10. a month for living quarters and $1. for Old Age electric light and that both Mr. and Mrs. Johnson are doing Assistmre work about the house for Mr. and Mrs. Howard, who purchased the house at 406 Concord Avenue, for which they receive no compensation. They therefore recommended that the aid be reduced to $6. per week each. It would be sufficient for Mr. and Mrs. Johnson. The Bureau of Old Age As$istanee therefore voted to recluse 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 Perkins, was referred to Mr. Gilcreast for his attention. Old Age. 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. Parks Mr. Edward L. Crowne presented the petition in behalf hearing 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. Mr. H. S. Towne, 756 Mass. Avenue, registered his objection to the filling station. 282 �-c 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 Bloustein 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 Supt. 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 the 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 Dept. of Labor and Industry. F The Chairman stated that he was not of the opinion that Mr. Moodono was a non-citizen and since thattime he 283 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- Swain in-law, and for whom the Water Dept. turned on the water Water inasmuch as she could not be responsible for the guarantee. 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. Conven- The Chairman stated that it was understood that there tion. would be no money available for conventions this year and also that the Board would not insert an article in the Warrant asking for an appropriation. The Board therefore voted that` no action should be taken requesting money for the Water Dept. convention. Supt. of Public Works was authorized to secure a check for the screen door in the Town Office Building. 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. Water, It was decided that all requests for water be inserted Lex. in the article in the Town Warrant. Park. Lawrence Allen appeared before the Board and gave further proof of the use of the building owned by Mr. Denham, which Repair he claims was formerly used for a garage and repair shop. shop, Letter was received from the Town Counsel in which he Denham stated that if the building at the time of the adoption of property 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 was 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 vs Bean, 272 Mass. 547, 553 which assumed the 284 01 C- C"� validity of this decision, and stated that he was of the opinion that the application should be denied. The evidence presented by Mr. Allen did not show that the building was used as a repair shop on July 19, 1929. Mr. Allen was therefore requested to get further information. The question arose as to whether or not , if Mr. Allen did present proof that the building was used at this time, a hearing would have to be held to allow the use of the building. The Chairman was requested to get the opinion of the Town Counsel in this matter. Letter was received from the Metropolitan District Commission asking for a statement relative to the correct elevation for the sewer to be installed in Lexington. Information formerly prepared by the Town Engineer was to Sewer the effect that the grade would be 148.00 feet above 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 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 time 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. 285 Mr. Ferguson presented the proposed Plumbing and Gas Laws which had been prepared by his Committee and stated' Plumbing that he would go over the proposed laws with the Town Laws 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 Keefe Woburn Street for assistance. He had no recommendation case in regard to the matter as yet. In regard to the Case of Pasquale Moretti who was before the Board at their last meeting, he stated that one Moretti house was in the name of Pasquale and the other in the name of Mrs. Moretti. The co-operative bank mortgage was 03500. 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. 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 Blu4bing Co. and they stated that they had no work for him. He now has his son, Hart 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 Melnnis 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 Modoono on the table until report was received from Mr. Mitchell. 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 _ i 286 Cool Mr. Mitchell reported that there was a thirty per cent INC reduction in the cases receiving aid since April 1st. 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. Makechnie 's 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 have 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 eases of this kind to go that had been receiving aid on the Welfare Dept. In regard to returning their money, the Board suggested 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