HomeMy WebLinkAbout1934-12-11218
SELECTMENIS MEETIN
DECEMBER 11, 1934.
A regular meeting of the Selectmen was held in the
Selectments.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 Protem, The Clerk was
also present. 4
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 persove
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 Jvme 5, 1935,
as follows:
Temporary
Loan,
Boston Safe Deposit and Turst Ca. .367 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
I
' basis of the number of licenses to be issued must be on 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
Board last week and published in this week's paper was
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
type of entertainment to be held at Cary Memorial 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.
219
Traffic
Regulation,
Use of
Cary Hall.
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 1�zrlington
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 brushand 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
Water
Alain,
help fill the pond, that the Board could assist by having
some water put in the pond.
Water main order for the extension of a water main in
Grassland Street from the present end a distance of app ox-
imately 50 feet was signed by the Board, said order rea -
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 and southeasterly a dis-
tance of.approximately 50 feet.)
WHEREAS, at a meeting duly called and held on dune
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 sirs
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 Board of Selectmen of the Town of
Lexington, acting as a Boa -rd 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 combtrueting 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 l 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
7
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
Ties. The area which it is expected will receive advantages
other than the genera 1 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
Lexington, its successors and.sLsaigns., 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
seta In amendment thereof or supplemental thereto.
IN WITNESS 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. Gilc_Fe`=s�
ar esE. er son OF
ane J. 01 ohne
John Bons LEXINGTON
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. December 11th, 1934.
Then Personally appeared the above named Robert P.
Trask, Charles E. Ferguson, Daniel J. 01Connell, John A.
Lyons, and John E. Gilereast, 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
o ary c.
A true copy of the records., Attest:
Clerk, Selectmen.
222
SCHEDIILF OF ESTIMATED BETTERMENTS REFERRED
TO IN THE FOREGOING ORDER.
GRASSLAND STREET.
(From the present end in a southeasterly direction
a distance of approximately fifty feet.)
Owner as of April lst, 1934. Lot No. Assessment,
Chester Sutherland 14 & 15 $90.00
Batholomew J. Lehan 209 45.00
11
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. -Wo"
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
forms.
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 discussion 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 be 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 pepay
Tax*
the assessment and Mr. Wyman could not sue for it, the
time having expired. He 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 5819 see.
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 on�y_to uncollected items and although he agreed that
an injustice had been done and Mr. Wyman should be reiubursed
at the present time he was at a loss to know haw it could be
accomplished. He would look into the matter futther, however.
Francis Chamberlain, Roland Garmon and Frederick Horton,
president of the Eaat Lexington Men's Club, came before the
Board representing the Club relative to the traffle situation
11
223
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
doz so.
in East Lexington, particularly from Pleasant Street down
to the Child's Garage and at Oak Street where three serious
accidents happened to pedestrians.
". Gilcreast reported that he and Mr. Scamman had in-
spected the situation by going down there at night to look
#hs situation over and he gave to the committee a resum6 of
the conditions that he and Mr. Scammar_ 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. Gilereast 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.
. Mrw Chamberlain thanked the Board for their prompt
attention to the matter ar}d 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 06. 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 Farmerest 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
doz so.
224.
It was decided to request Mr. Mitchell to snake 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 $12o 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. Johnneb;L,
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 bog 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 Middlesex 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.
W
r�
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 sewing
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 mom
E. L. Dorgan 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
$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,
C
Morgan.