HomeMy WebLinkAbout1934-10-021
SELECTMEN'S MEETING
OCTOBER 2, 1934
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, Gilereast, Ferguson and O'Connell were present. The
Clerk was also present.
The Board voted to grant a license to the Estate of Arthur
S.,Tyler for Pasteurization of Milk at 27 Maple Street.
Hearing was declared open at 8 F, M, on the application of
the Edison Electric Ill. Co. and the New -�'ngland Tel. & Tel. Co.
for permission #o set one pole on Lincoln Street at Marrett Rd.
and remove one pole on Marrett Road at Lincoln Street. No per-
sons appeared to object and it was voted to grant the petition.
Request was received for two street lights on Fair Oaks
Drive from David L. Donaldson and Edwin T. Snee.
It was decided to request a report from the Supt of Public
Works as to whether or not street lights were necessary on this
street.
'Letter was received from Wilbert A. Ross, Supt. of the Water
& Sewer Department in which he stated that request had been made
by James R. Smith for extension of the water and sewer main in
Robbins Road and Plymouth Road for a distance of 175 feet. Mr.
Smith has already constructed the house on lot 30 and needs the
public utilities at a very early date.
The Board voted to install the water main in these two
streets, having funds in the water construction account to do
the work. The total cost of both jobs would be $15,00.
In regard to the installation of the sewer, inasmuch as the
house is to be occupied by the middle of this month, it was
voted to declare an emergency for the installation of the sewer
in Robbins and Plymouth Roads for a distance of approximately
175 feet and voted to draw ,up'.an 'Oi�der'of Taking for the same.
The Board also signed an order for the installation of the
water in Plymouth and Robbins Roads under the Betterment Act,
as follows:
ORDER OF TAKING
By the Town of Lexington of Easement for the Construction
of a Water Main in Robbins and Plymouth Roads.
129
License.
Pole
Location.
Street
Lights.
WHEREAS, at a meeting duly called and held on June 25, 14334,
the town meeting of Lexington, pursuant to an article in the war-
rant of the meeting for which due notice was;giveq duly adopted by
unanimous vote the following vote and made an appropriation there-
for:
Voted that the Selectmen be authorized to install ten inch
water mains at the intersections of Watertown, Blossom and Spring
Streets with the new Concord -Cambridge State Highway, and also to.
130
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install water mains, not less than six inches in diameter, in ,
such other streets as the Selectmen may deem necessary, and for
the purpose of said construction and installation of water
mains, the sum of $4500. be appropriated, and the Town Treasur-
er, with the approval of the Selectmen be authorized to borrow
the sum of $4500. and to issue bonds or notes therefor payable
in accordance with the law.
AND WHEREAS, the right of way and easement hereinafter
described and taken are necessary for the establishment and
maintenance of the said water main;
NOW; THEREFORE, the Board of Selectmen of the Town of
Lexington, acting as a Board of W�t er and Sewer Commissioners,
for and in behalf of the. said town, by virtue of the authority
conferred upon them by the foregoing vote and of every obher
power them thereto enabling, hereby adopt this order of taking
by eminent domain, for the said public improvement for the
purpose of constructing and maintaining a water main in Rob-
bins Road from Plymouth Road in a southeasterly direction a
distance of approximately 105 feet, and in Plymouth Road from
Robbins Road in an easterly direction a distance of aper oxi-
mate�y 75 feet as aforesaid, the following easement, namely:
The right to enter upon the land shown as Robbins and
Plymouth Roads on a plan entitled, "Plan of Proposed Water
Main in Robbins and Plymouth Roads, Lexington, Mass., Seale:
1 in. - 40 ft., Oct. 2, 1934, Albert A. Ross, Supt., Water
Dept." and owned by James R. Smith, and construct therein a ,
line of water main with all necessary connections, shut -offs
and appurtenances substantially as shown on a plan of Albert
A. Ross, Supt., Water Department, dated Oct. 20 1934, to be
recorded herewith. The easement covered by this taking in-
cludes the right on the part of the Selectmen of the said
town or other duly authorized agents of the town to enter upon,
dig up, open and use the land embraced within said way as may
be reasonably necessary for the purpose of initially construct-
ing and thereafter maintaining, operating, inspecting„ repair-
ing and replacing from time to the said water main, (the said
town being always'bound to see that the ground after the com-
pletion of the work in each case is cleared of all surplus
material and surface left 'n as smooth and good condition as
at the time of entry).
Betterments will be assessed for this improvement in ac-
cordance with the provisions of CLapter 80 of the General
Laws. The area which it is expected will receive advantages
other than the general advantage to the community from such
improvement comprises the several lots shown upon the plan of
Albert A. Ross, Supt., Water Department, above referred to,
which are designated in the schedule hereto annexed and made
a part hereof.
We estimate the betterments that would be assessed upon
each such parcel of land to be as shown In the said schedule.
We determine that no damages have been sustained and none '
are awarded.
To have and to hold the said easement to the Town of Lex-
John E. Gilcreast
Charles E. Ferguson OF
Daniel J. O'Connell
LEXINGTON.
COMMONWEALTH of MASSACHUSETTS
Middlesex, ss. October 2nd, 1934.
Then personally appeared the above named Robert P. Trask,
,John E. Gilcreast, Charles E. Ferguson, and Daniel J. OlConnell,
land several acknowledged the foregoing instrument by them subscribed
to be their free act and deed and the free act and deed of the
Board of Selectmen of the Town of Lexington, before me,
fim. S. Scamman
Notary Public.
SCHEDULE OF ESTIMATED BETTERhMnTTS REFERRED
TO IN TBE FOREGOING ORDER
ROBBINS AND PLYMOUTH ROADS.
Owner as of April lst, 1934 Lot No. Assessment.
James R. Smith
James R. Smith
Lot #30 Robbins Road $90.90
Lot #31 Robbins Road 90.34
131
Statement was received from Mr. Ross lumping the water rates
and guarantees paid by Mr. McIntosh on the Cary Estate, Fair Oaks,
Lincoln Street and ounnyfield developments. T'e Cary Estate showed McIntosh
payment of excess amounts by Mr. McIntosh of .$272.47; Fair Oaks Rates,
development showed the excess of $181.42; Lincoln Street development
showed unpaid guarantees of $11.81. Mr. Ross informed the Chairman
of the Board that.he went over the figures with Mr. McIntosh and Mr.
McIntosh was satisfied to pay the total of the Lincoln. Street and
Sunnyfield deficiency, namely $55.12.
ington, its successors and
assigns, to its and
their own
use and
1
behoof forever agreeably to
the provisions of
the said
C'-apter 79
of the General Laws and all
pertinent acts in
ametiment
thereof or
supplemental thereto.
IN WITNESS WHEREOF the
undersigned being
amajority
of the
Board of Selectmen of Lexington
aforesaid have
hereunto
subscribed
our names th&s second day of
October, 1934.
Robert P. Trask
SELECT11EN
John E. Gilcreast
Charles E. Ferguson OF
Daniel J. O'Connell
LEXINGTON.
COMMONWEALTH of MASSACHUSETTS
Middlesex, ss. October 2nd, 1934.
Then personally appeared the above named Robert P. Trask,
,John E. Gilcreast, Charles E. Ferguson, and Daniel J. OlConnell,
land several acknowledged the foregoing instrument by them subscribed
to be their free act and deed and the free act and deed of the
Board of Selectmen of the Town of Lexington, before me,
fim. S. Scamman
Notary Public.
SCHEDULE OF ESTIMATED BETTERhMnTTS REFERRED
TO IN TBE FOREGOING ORDER
ROBBINS AND PLYMOUTH ROADS.
Owner as of April lst, 1934 Lot No. Assessment.
James R. Smith
James R. Smith
Lot #30 Robbins Road $90.90
Lot #31 Robbins Road 90.34
131
Statement was received from Mr. Ross lumping the water rates
and guarantees paid by Mr. McIntosh on the Cary Estate, Fair Oaks,
Lincoln Street and ounnyfield developments. T'e Cary Estate showed McIntosh
payment of excess amounts by Mr. McIntosh of .$272.47; Fair Oaks Rates,
development showed the excess of $181.42; Lincoln Street development
showed unpaid guarantees of $11.81. Mr. Ross informed the Chairman
of the Board that.he went over the figures with Mr. McIntosh and Mr.
McIntosh was satisfied to pay the total of the Lincoln. Street and
Sunnyfield deficiency, namely $55.12.
132 Cn
c�
It was therefore voted to abate the excess amount paid by ,
Mr. McIntosh on these developments which amounts to $467.97.
Letter was received from Mr. Brolin of the Bedford Band In
which he explained that there was a misunderstanding in regard
to his request for the use of Cary Memorial Hall in that they
Use of desired to have the hall for every month every second Wednesday
Cary Hall, ratkier than every ot}er month:
The Board therefor voted to grant the use of the hall to
the Bedford Band every second Wednesday in every month under
the same circumstances as previously granted.
Letter was received from the Town Counsel in which he stat-
ed that he desired to have a payment of $500., on account for
Shea Case. services in the Shea case. This case has been going on since
1931 and the Town Counsel has been put to consideratle expense.
It was therefore voted to pay him $500, on account for this
case, which is not as ,yet settled.
Pool Room The Board voted to grant a Pool Room License to William
License. J. Dailey to operate a Pool Room at 1883 Mass. Avenue (Central
House) second floor. The application was approved by the
Temporary Deputy Chief of Police.
Notice was served on the Board of Selectmen acting as -a
Board of Water and Sewer Commissioners, to appear at the Sup-
Haskell erior Court at Cambridge on the first Monday of November, to
Case. answer'a petition for assessment of damages by Andrew N. and
Ruth N. Haskell of Lexington.
It was voted to refer the matter to the Town Counsel for
his attention.
Request was received from Mr. Edward Hoffman that he be
issued a duplicate Junk License. Mr. Hoffman reported to the
Board of Selectmen that he had secured a position in a bakery
and he desired to have his license transferred to Mr. Samuel
Hoffman Bornstein. The Board refused the request of Mr. Hoffman that
Junk Mr. Bornstein be granted the Junk License oaring to his previous
License. record in the Town.
In view of the circumstances, the Board voted to recall
the Junk License issued to Edward Hoffman and return the fee
paid by him pro rata.
Mr. Theodore Sheffres came before theBoardwith Mr.
Hyman Weiss who he stated lived at his house, 11 Lizbeth St.,
Sheffres and has lived there for the past two months. Mr. Weiss
& Weiss brought with him letters of recommendation from Mr. William;_
Junk Li- G. Murphy of the Lexington Automobile co., Theodore and Alice
cense. Sheffres, and Lillian and Frederick P. Whalen in which they
stated that they had known Mr. Weiss formanyyears and con-
sidered him an honest and respectable person. Mr. Weiss stat- '
ed that he was a World War veteran and that he was married and
133`
' had a family and intended to come and live in Lexington at some
other location as soon as he could obtain a house. He had done
a wholesale junk business in Chelsea. He stated that he was to
run his own truck but the arangement with Mr. Sheffres was that
he would pay him something for the good will of the business.
Mr. Weiss was taken to Court for operating as a Junk Collector
in Lexington under the license issued to Mr. S'-effres and the case
has been -laid over until Thursday.
Mr. Sheffres explained that he was unable to drive his truck
on account of his Tuberculosis and Mr. Weiss was taking care of
the business for him. Mr. Sheffres does not now own the truck And
the Board felt that the license should be granted to Mr. Weiss in-
asmuch as he was doing the junk collecting business in the Town.
After considering the matter, it .;as voted to transfer the
license of Theodore Sheffres to Mr. Heiman Weiss.
The Board signed the contract for the construction of Pleas -
and Street from Mass. Avenue to Watertown Street under Chapter 90
of the General Laws.
The Chairman stated that he would write a letter to the State
Department of Public Works calling attention to the fact thatthe
contract requests that the work be completed on December lst, Pleasant
and owing to the fact that the State Department themselves re- Street.
quested that the work be delayed on accoVatof the hauling of mat-
erials over Pleasant Street to the Concord Avenue construction
job, that the time be extended beyond December lst.
The Supt. of Public Works presented figures showing the
cost of the construction of Watertown Street and Lincoln Street
for the consideration of the Board. He stated that to construct
Lincoln Street,from Mass. Avenue to Marrett Road, a distance of
5850 feet, would cost approximately 037,500. The covt, however,
could be reduced if E.R.A. labor could be used to finiAh the
widening and to construct the drainage, However, he felt that
Lincoln
the estimate of $37,500. should be submitted to the County Com-
Street &
missioners and the State for approval at the present time, each
Watertown
to -pay $12,500.
Street.
He also stated that the construction of Watertown Street
from Pleasant Street to the end of the new Concord Turnpipe,
would cost $30,000.
After considering the matter, the Board voted to request the
Chairman to place before the Commissioners of Public Works and
the County Commissioners, a request for approval of the construc-
tion of Lincoln Street from Mass. Avenue to Marrett Road, and
Watertown Street from end of present construction to the Concord
Avenue Turnpike.
The Chairman reported that the E. R. A. workers had started E.R.A.
work on Clematis Brook, starting 550 feet east of the new Concord
' Turnpike.
He also stated that it would be necessary at a future Town
Meeting to make an additional appropriation for materials and
134
Loan.
Loan,
Chubby
Chase
Property.
supplies for E. R. A. projects. He felt that there would be
sufficient funds in the E. & D. Account to transfer funds at
the next Town Meeting.
Memorandum was received from the Town Accountant in which
he stated that funds of the Drainage Account of which $6000.
was appropriated at the Town Meeting March 19, 1934, were now
being exhausted and there would be sizable expenditures on
this project until completed and he advised a loan of 18,000.
authorized by the Town Meeting, March 19th for this work.
The Board therefor voted to request the Town Treasurer
to secure bids for a drainage loan of $18,000. dated Nov.lst,
1934, and payable 03000. each year.
Letter was received from the Town Treasurer to which he
attached a copy of letter prepared by Mr. Waddell. The per-
iod of borrowing under the Grant Agreement was for thirty years
and permission was requested to have this period changed to
ten years. The Treasurer stated that in consultation with Mr.
Waddell, he would not approve of the .$10,000. notes beigg grant-
ed unless permission was received from the Emergency Finance
Board. The Board therefor signed -the letter prepared by Mr.
Waddell.
Mr. Gilereast also was requested to communicate with Mr.
Waddell's office in regard to the matter so that it could be
straightened out with Blythe and Company to.whom the bid for
the notes was awarded.
Letter was received from John T. Atkinson of 56 Grimshaw
Street, Malden in which he stated that he was considering the
purchase of the Chubby Chase property on Marrett Road,,con-
sisting of a gasoline station, tea room, stand and houses and he
intended to operate the gasoline station and serve food in the
tea room and stand, and raise ducks for the market. He stat-
ed that he intended to thoroughly renovate the property so
as to make it presentable and livable.
The Chairman stated that he could see no reason why the
property should not be operated for the raising of ducks,.
The Clerk called attention to the fact that the gasoline
station license had not been renewed of recent date and. .that
the Board revoked the Common Victualler's License of Mrs. Chase.
Letter was received from Donald W. Tucker, 47 Grant St.,
Grant St. iniwhich he called attention to the condition of the brook and
Lights & also in which he called attention to the fact that he did not
Brook, believe the street lights on Grant Street were properly placed.
The letter was referred to Mr. Gilcreast for his attention
in reference to the -lacing of the street lights,'and Mr. Tucker
was informed that the work of cleaning out the brook would be
done at an early date.
1
'Letter was received from the Town Counsel in which he gave
his opizlion in regard to blasting by the Town, that Gabriel Bru-
cchi as a. regular employee of the Town and on the regular pay-
roll did not need to file a bond and secufe a permit to do the
blasting. However, Mr. Brucchi should not be allowed by the Town
to do blasting for private individuals while on the regular pay-
roll. If he is a part time worker and desires to do work for pri-
vate individuals, he should file a bond and secure a permit.
L
1
Mr. J. Alexander Wilson came before the Board and reported
that 12,500 feet of land was taken 'rom him on the relocation of
Pleasant Street and he was paid $140. for this land. He felt
that this was not a fair amount inasmuch as the amount was only
slightly over one cent a foot for the land and he was entitled
to more consideration. He felt, of course, that there s -no mar-
ket value for property at the present time. At the same time,
he did not believe that it was a fair value for the property.
The Board informed fir. Wilson that they would view the
property and let him know what they decide in regard to the mat-
ter.
Mr. Gilcreast reported that letter had been received from
the State Department of Old Age Assistance recommending the re-
duction of the aid of $6. per week granted to Mrs. Bernardina Can-
isius to $5, per week; also recommending that the Old Age Assis-
tance rendered to Mr. Robert Bradley be reduced from $5. per week
to $4. per week.
It was voted to accept the recommendations of the State Old
Age Assistance Bureau in these cases.
In regard to the property owned by John Rudd assessed for
$100., Mr. Gilcreast reported that the deed held by his son John
for some time would be recorded in the near future.
Letter was received from Mrs. James Fullerton of Depot Square
in which she stated that 1dr. John Rudd was boarding with her and
paying her $6. per week and she did not feel that she could board
him for less than $8. per week.
It was decided to inform Mrs. Fullerton that the Board could
not grant any additional aid than is now being paid to Mr. Rudd.
The Board voted to approve the bill
the amount of $142. for work done on the
than Street, same to be put through for
The meeting adjourned at 9:15 P. M.
A true record, Attest.
Clerk.
of Daniel J. Gorman in
Torsleff house on Wal -
payment.
135
Blasting.
Wilson
Property.
Old Age.
Rudd
Old Age,
Bill
Gorman.