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HomeMy WebLinkAbout1934-10-02 129 SELECTMEN'S MEETING e 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, Gilcreast, Ferguson and O'Connell were present. The Clerk was also present. The Board voted to grant a license to the Estate of Arthur License. S. Tyler for Pasteurization of Milk at 27 Maple Street. Hearing was declared open at 8 P. M. on the application of the Edison Electric I11. Co. and the New .'ngland Tel. & Tel. Co. Pole for permission #o set one pole on Lincoln Street at Marrett Rd. Location. 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. Street It was decided to request a report from the Supt. of Public Lights. Works as to whether or not street lights were necessary on this street. Letter was received from xlbert 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 X15,00. 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. Order 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. WHEREAS, at a meeting duly called arfiheld on June 25, 1934, the town meeting of Lexington, pursuant to an article in the war- ' rant of the meeting for which due notice was giva3 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 Cml CD 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 Wst er and Sewer Commissioners, for and in behalf of thesaid town, by virtue of the authority conferred upon them by the foregoing vote and of every other 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 appr 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 Plymotith Roads, Lexington, Mass. , Scale: 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. 2, 1934, to be recorded herewith. The easement covered by this taking in- eludes 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 Chapter 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- 131 II ington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said C' apter 79 of the General Laws and all pertinent acts in amei.ment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being amajority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names th4s second day of October, 1934. Robert P. Trask SELECTMEN 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, IIJohn E. Gilcreast, Charles E. Ferguson, and Daniel J. O'Connell, 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, Wm. S. Seaman Notary Public. SCHEDULE OF ESTIMATED BETTERMETTTS REFERRED TO IN THE FOREGOING ORDER ROBBINS AND PLYMOUTH ROADS. Owner as of April 1st, 1934 Lot No. Assessment. James R. Smith Lot #30 Robbins Road 00.90 James R. Smith Lot #31 Robbins Road 90.34 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 �unnyfield developments. T'-'e Cary Estate showed McIntosh payment of excess amounts by Mr. McIntosh of .e272.47; 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 co CD $t 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 hail for every month every second Wednesday Cary Hall. rather than every ot}ier 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 considerable 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 owing 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 the Board with 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 for many years 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 L.. . 133 II 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. Hyman Weiss . The Board signed the contract for the construction of Pleas- ant 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 that the contract requests that the work be completed on December 1st, Pleasant and owing to the fact that the State Department themselves re- Street. quested that the work be delayed on accoutitof the hauling of mat- erials over Pleasant Street to the Concord Avenue construction I job, that the time be extended beyond December 1st. 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 cost, however, could be reduced if E.R.A. labor could be used to finish 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 clatter, 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 Kass . 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 II Turnpike. He also stated that it would be necessary at a future Town Meeting to make an additional appropriation for materials and 134 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 tie Drainage Account of which x.000. was appropriated at the Town Meeting March 19, 1934, were now being exhausted and there would be sizable expenditures on Loan. this project until completed and he advised a loan of 018,000. 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 018,000. 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 Loan. ten years. The Treasurer stated that in consultation with Mr. Waddell, he would not approve of the .010,000. notes being grant- ed unless permission was received from the Emergency Finance Board. The Board therefor signed the letter prepared by Mr. Waddell. Mr. Gilcreast 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- Chubby sisting of a gasoline station, tea room, stand and house, and he Chase intended to operate the gasoline station and serve food in the Property. 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. in+which 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. 135 Letter was received from the Town Counsel in which he gave his opillion in regard to blasting by the Tiwn, 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 Blasting. 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. Mr. J. Alexander Wilson came before the Board and reported that 12,500 feet of land was taken from 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 Wilson slightly over one cent a foot for the land and he was entitled Property. to more consideration. He felt, of ,'nurse, that there ts -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 der. 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- Old Age. IItance rendered to Mr. Robert Bradley be reduced from 45. 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 Rudd in which she stated that Mr. John Rudd was boarding with her and Old Age, 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 of Daniel J. Gorman in Bill the amount of $142. for work done on the Torsleff house on Wal- Gorman. than Street, same to be put through for payment. The meeting adjourned at 9 15 P. M. A true record, Attest: I Clerk.