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HomeMy WebLinkAbout1934-12-11 218 DOCD SELECTMEN'S MEETINs DECEMBER 11, 1934. A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P. M. Messrs. Gilcreast, Ferguson, O'Connell and Lyons were pre- sent. The Chairman, Robert P. Trask, was not present on account of illness. During the absence of the Chairman, Mr. Gilcreast was elected Chairman Protan. The Clerk was also present. a Hearing was declared open on the application of Clif- ford J. Baker for permission to maintain a two car garage Garage of concrete blocks at lot No. 189 Downing Road. Mr. Baker Hearing. appeared and presented plans of the garage. No persons appeared in opposition and it was voted to grant the per- mit subject to the approval of the Building Inspector. Town Treasurer presented bids on the temporary loan of $150,000. dated December 12th and payable June 5, 1935, as follows: Temporary Loan. Boston Safe Deposit and Turst Ca. .36'7 discount Faxon, Gade Co. .54 Merchants National Bank .52 Whiting, Weeks & Knowles .49 Lexington Trust Company .43 It was voted to authorize the Treasurer to award the bid to the Boston Safe Deposit and Trust Co. at their bid of .367 discount. T. B. Bill in the amount of $85.25 for 115 tuberculosis Bill. visits. at $75 per visit was approved by the Board for the Public Health Association. State State Aid payroll in the amount of $6. was signed by Aid. the Board for the month of November. Frank n. Shepard of 1386 Mass. Avenue and Roger P. Jurors. Ingalls of 33 Reed Street were drawn as jurors for the criminal session in January. Adolph Labes came before the Board and stated that he runs a grocery store on Woburn Street and he has in the past given a great deal of credit to welfare cases for which Labes Re- he has never received any money. He had now a beer and wine quest for license and he was rather anxious to sell hard liquor and Liquor bottle goods provided a license could be granted. License. The Board explained to him,,that at the present time, the Alcoholic Beverage Control Commission state that the 219 basis of the number of licenses to be issued must be bn the official census taken in 1930 and this being under 10,000 the Board has the right only to grant two hard liquor licen- ses in the Town. If after the census is determined, it shows that the Board may grant additional licenses, they will give consideration to his application. Traffic regulation adopted at the meeting of the Traffic Board last week and published in this week's paper was Regulation. signed. Mr. Malcolm Clifford andMr. William Hughes came be- fore the Board representing the Veterans of Foreign Wars to ask that they be allowed the use of Cary Memorial Hall on December 19th for a Beano party. The Clerk re- ported that the Chairman felt that it was not the proper Use of type of entertainment to be held at Cary Memorial Hall, Cary Hall. and the Board decided to check the vote of the Town granting the use of the hall to the Sons of Veterans. The vote containing no restrictions, it was felt that they should be allowed the use of the hall for this purpose, and therefor voted to grant them permission for the free use of the hall on that date. Letter was received from the Federal Emergency Admin- istration stating that the application for the Lexington Standpipe. dtandpipe - docket 2263, had been approved for $7,560 for grant only. Letter was received from the Commissioner of Public Health in which he called attention to the fact that the Diphtheria Town should provide for the immunization of Diphtheria from the Regular Board of Health Department in their bud- get for 1935. Petition was received from Priscilla Davis and others in the town asking the Board to pay for and superintend the clearing and flooding of Kinneen's pond on Burlington Street before the skating season for the year begins . Mr. Norman Hooper came before the Board and informed the Board that the Fire Dept . will be willing to cooperate Kinneen's to provide for the flooding of Kinneen's pond. Pond for The Clerk reported that Mr. Garrity stated that it Skating. would take about three or four men a couple of days to clear up the brush and burn the same around this pond and he would have this done.. Mr. Garrity also stated, however, that there was no water whatever in the pond this year and if there was snow or rain it would help fill the pond and it would not be as. costly to fill the pond with Town water. Suggestion was made .that the permission of Mr. Kinneen be received in writing before the town floods the pond. The matter had been brought to the attention of the Chairman and he felt that as soon as rain or snow could 220 01 tZt help fill the pond, that the Board could assist by having some water put in the pond. Water Water main order for the extension of a water main in Main. Grassland Street from the present end a distance of approx- imately 50 feet was signed by the Board, said order read- ing as follows: ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main. GRASSLAND STREET. (From the present end southeasterly a dis- tance of approximately 50 feet. ) WHEREAS, at a meeting duly called and held on June 25, 1934, the town meeting of Lexington, pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: 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 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 $4,500 be appro- priated, and the Town Treasurer, with the approval of the Selectmen be authorized to borrow the sum of $4,500. and to Issue bonds or notes therefor payable in accordance with the law. AND WHEREAS, the right of way and easement wafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Beard of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commission- ers, for and in behalf of the said 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 Im- provement for the purpose of conttructing and maintaining a water main in Grassland Street from the present end in a southeasterly direction a distance of approximately 50 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Grassland St. on a plan entitled, "Plan of Proposed Water Main in Grass- land Street, Lexington, Mass., Scale 1 in. - 40 ft. , Dec. 11, 1934, Albert A. Ross, Supt. , Water Dept. " and owned by Chester Sutherland and Batholomew J. Lehan, and construct therein a line, of water main with all necessary connections, shut-offs and appurtenances substantially as shown on a plan 221 of Albert A. Ross, Supt. , Water Department, dated December 11, 1934, to. be recorded herewith. The easement covered by this taking includes 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 pur- pose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time as at the time of entry). Betterments will be assessed for this improvement in accordance 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 11 none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns , to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts In amendment thereof or supplemental thereto. IN WITLESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington .aforesaid have here- unto subscribed our names this eleventh day of December, 1934. SELECTMEN John. E. Gilcreast Charles E. Ferguson OF Daniel J. O'Connell John A. Lyons LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. December 11th, 1934. Then personally appeared the above named Robert P. Trask, Charles E. Ferguson, Daniel J. O'Connell, John A. Lyons, and John E. Gilcreast, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Se- lectmen of the Town of Lexington, before me, William S. Scamman Notary Public. A true copy of the records, Attest: Clerk, Selectmen. 9 222 cn c-� SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN TPR FOREGOING ORDER. GRASSLAND STREET. (From the present endin a southeasterly direction a distance of approximately fifty feet. ) Owner as of April 1st, 1934. Lot No. Assessment. Chester Sutherland 14 & 15 $90.00 Batholomew J. Lehan 209 45.00 A detailed report of the Health Inspector made of the inspection of ice cream plant of A: W. Partridge located on Marrett Road and Waltham Street was received from Mathew Ice Cream Stevenson. License. The Board therefor voted tO grant a license to A. W. Partridge to maintain an ice cream manufacturing plant on Marrett Road. New forms for the license not having been received, it was decided to await the arrival of the new forma . Estimates for the year 1935 of several of the depart- Estimates ments were received and copies taken by various members of Depart- of the Board, but it was felt that disc';ssion of this mat ments. ter should be laid overfor one week at which time the Chair- man may be able to be present at the meeting. Letter was received from the Town Counsel in reference to the case presented by Mr. Wyman of Locust Avenue in which he explained that Chapter 60, Section 98 provides "No action to recover back a tax shall he maintained - - - un- less commenced within three months after payment of the tax". He stated that apparently Mr. Wyman preserved his rights by paying the tax under protest but did not preserve them by bringing suit within three months. He also stated Wyman that he doubted if the town would have the right to repay Tax. the assessment and Mr. Wyman could not sue for it, the time having expired. Me suggested that the Tax Commission- er might find some way of making a refund and requested that the Commissioner be requested to act under Chapter 58, sec. 8 and to undertake the proper procedure. Letter was written to Mr. Creelman asking whether or not he could act under Chapter 58, sec 8 of the General Laws and he adivsed that the authority under this act ex- tends only to uncollected items and although he agreed that an injustice had been done and Mr. Wyman should be reimbursed at the present time he was at a loss to know how it could be accomplished. He would look into the matter further, however. Francis Chamberlain, Roland Garmon and Frederick Horton, president of the East Lexington Men's Club, came before the Board representing the Club relative to the traffic situation 223 in East Lexington, particularly from Pleasant Street down to the Child's Garage and at Oak Street where three serious accidents happened to pedestrians. Mi. Gilcreast reported that he and Mr. Seamman had in- spected the situation by going down there at night to look the situation over and he gave to the committee a resume of the conditions that he and Mr. Scamman found relative to the lighting. They felt that lights should be placed on Traffic both sides of the Avenue to light up the curbing so that Situation. persons driving cars could see the curbing and therefor not pull over so far into the street. Mr. Chamberlain, spokesman for the Committee, stated that he agreed with the report of Mr. Gilcreast with the exception that he felt that on the Oak Street side he felt that there should be 600 candle power lights owing to the fact that he felt they would reflect to the other side of the street better than if the other side of the street were also lighted. Mr. Gilcreast stated that he would have Mr. Stevens of the Edison Co. who is an expert on lighting, come out and give his opinion so the Board would have it at the next meeting. Mr. Chamberlain thanked the Board for their prompt attention to the matter and hoped something would be done in the near future to remedy the situation. It was voted to grant Old Age Assistance in the amount McLalan of $6. per week to Edgar B. McLalan of 76 Bedford Street. Old Age. It was voted to place Melvin J. Ham and his wife on Ham Old the Old Age Assistance payroll for $7. and $6. per week re- Age. spectively. It was voted to approve furnishing of fuel to Patrick Malloy Malloy of 25 Farmcrest Ave., Old Age Assistance case. Old Age. . On recommendation of Mr. Gilcreast, it was also voted to increase the Old Age Assistance to Mrs. Sarah Makechnie to $12. per week owing to the fact that Mrs. Cole was not Makechnie willing to board her for less than that amount and we would Case. have to pay $12. per week at the Somerville Infirmary for her care . Mrs. Bridget Leary came before the Boa->d and stated that she had not received any rent from Mrs. Makenzie who lives at Hayes Lane. Mrs. Makenzie has two sons, one of whom gets $18. per month pension for service in the Army and-the other has been working on the Water Dept. but has Makenzie recently been ill. She stated that many times Mrs. Maken- Case. zie is without food and fuel. She stated that they now owed her $100. rent and she also stated that they have always paid their bills when they have had the money to do> so. 224 cn DO It was decided to request Mr. Mitchell to make an investigation and report in regard to this case. Mr. Mitchell came before the Board and reported that Rochette. he had received an application from Anthony Rochette who has a wife and three children and now receives $12. per week on E.R.A. who asked that he be given fuel. The Board voted to grant fuel in this case. In regard to the application of William H. Johansen, who has a wife and three children in the family, Mr. Johanson. Mitchell received approval of the Board to grant groceries for aid in this case until his application for E.R.A. is acted upon. Mrs. Martha Jones, Pleasant Street, who has four child- ren and is working on the E.R.A. sewing project is getting Jones. $9.60 per week and applied for hospital aid for one of her children and fuel. It was voted to grant both kinds of assistance in this case. Walker. On the application of Robert Walker, who is on E.R.A. , it was voted to grant fuel additional. In reference to the application of Warren T. Mills, 7 Shirley Street, the man, wife and three children are at home. Dr. Walsh reports chronic tuberculosis in this case and the man needs rest. There is one boy working at the Economy Store getting $12. per week and one daughter a nurse in training and another is already a nurse at the Mills Middlmex Co. San. receiving $9. per week. Case. Mr. Mitchell stated that he would ask that she give more money to the support of her family. The Board felt that the rent of $35. per month which is being paid by Mr. Mitchell was excessive and he should endeavor to get the rent down to $30. per month if he de- sired to obtain assistance. Mr. Mitchell stated that he had already had the rent reduced from $37. to $35. Mr. Mitchell stated that the budget for this case would amount to $23 and the Board authorized him to furnish aid if necessary. Mrs. Byron Russell reported that she endeavored to get on the E.R.A. sewing project and Mr. Mitchell desired permission to aid in this case pending the second eewing project which was proposed by the Chairman of the Board. Russell Mr. Mitchwll reported that the Bank had increased the Case. mortgage on the house to $650. and they could not give them any further mortgage increase. The Board voted to approve aid in this case. 225 Norman Pero, Sr. requested that he be given consid- eration for assistance. Mr. Mitchell stated that his step- son is working on E.R.A. and turning money enough over to Pero. take care of the family and the rent is being paid by the Town and therefor there was no need for aid in this case except that Mr. Pero objects to his stepson receiving the money. It was voted not to grant any other aid in this case. Mr. Mitchell reported having received application ffom E. L. Morgan of 20 Robbins Road and this is the first case of persons who have had considerable property that he had application for assistance from. They own two houses with mortgages totaling $14,000. From one house they receive Morgan. $70. per month rent. Mr. Morgan has been on the E.R.A. in Boston and has been cut down to $19.20. The Board felt that in these days they could not be forced to pay any money on the principal on any mortgages and it was reported that there would be an increase in the E.R.A. white collar workers very soon and the Board did not feel that they could grant any aid in this case. The meeting adjourned at 9:38 P. M. A true record, Attest: Clerk. J