HomeMy WebLinkAbout1934-12-18226
.Busa Bros.
Water
Bill.
SELECTMENtS MEETING.
DECEMBER 18, 1934.
A regular meeting of the Selectmen was held in the
Selectmen's Room, Town Office Building, at 7:30 P. M..
Messrs. Gilereast, Ferguson, O'Connell and Lyons were pre-
sent, Thi Clerk was also present.
Mr. Albert A. Ross came before the Board with the. Busa
brothers who own property on Lowell Street and who complain-
ed of the water bill rendered to them for June to September,
not in working order and Mr. Ross therefor rendered the
bill.to them on the basis of the years 1930 - 1933 inclusive,
charging them for one-quarter of the total amount of water
used in those four years. The amount paid for water rates
in the four years was as follows:
1930 -
1931 -
1932
1933 -
The Busa Brothers.felt that from June to September of
this year there was a great deal of rainfall and the vege-
tables that they were growing, namely celery, tomatoes and
squash, did not need any excessive watering beyond that of
the rainfall. Therefor they protested the bill. After it
was found that the meter was not in working order and a new
meter installed, the new meter registered a consumption for
September, October and November of $94.72 for three months,
This meter was put in August 30th. They stated that they
cultivate 25 acres of land outside of the land that they
have at Lowell Street and that all the vegetables from the
Golden Guernsey Farm on Grant Street are brought down to
Lowell Street to be washed and therefor the water :bill for
that period of time would be large. They stated that they
felt that $100. was a sufficient amount to pay for the
water used prior to the time the meter was installed al-
though the bill rendered to them amounted to $206,
After the gentlemen.retired, the Board discussed the
matter and felt that Mr. Ross should check up on the rain-
fall during that period of time and after receiving a re'-
Rort from the Weather Bureau on the rainfall,, if the argu-
ment of the Busa brothers seemed reasonable; he was author-
ized by the Board to request them to pad* $150.
Mr. Ross reported that there was a break in the water
main at Bow Street tonight and it was caused by blasting
Break in which was done three feet from the main. As a result one
Water boiler in the house of David Porter, 39 Theresa Avenue,
'Main. collapsed and another partly collapsed.
The Board felt that the safety valves on the boilers
should protect the boilers from collapsing and Mr. Ross
1
227
stated that�in this case there had been safety valves but
they did not work. He felt that in the _case of the boiler
that partially collapsed, the boiler would probably spring
a leak as soon as the water was turned on. It was felt
that the Town should deny any responsibility in these cases
inasmuch as the safety valve concerns should take care of
any property damage caused by the valve not working.
Hearing was declared open on the application of Col-
well Brothers for permission to maintain a one ear garage
under the house at Dexter Road.._ Mr. Colwell.appeared and Garage
presented the plans which he stated had been approved by Hearing.
the Building Inspector. The Board voted to grant the per
mit,
Hearing was declared open on the application of the
Lexington Co-operative Bank for permission to maintain a Garage
one car garage at 76 Bedford Street, Mr. Couette, repre- Hearing*
senting the Bank, appeared and presented. .the plans which
were approved by the Board and the Board voted to grant the
permit.
Mr, and Mrs. Harry Fisher of 38 Bow Street came before
the Board and presented notice from Joseph Wiggins of Bil-
lerica owner of the house in which they are living request-
' ing them to vacate the hoose for the non-payment of $60,
back rent. Mr. Fisher stated that he was working three
days a week getting $12. and he was paying the present rent
inasmuch as he had rented two rooms and he stated also that
Mr. Wiggins would not be willing to accept anything on the Fisher
bill each week, he wanted the entire, amount of the bill, Case.
He came to inquire if the Board wo-qId pay the rent for him
and he would be willing to work it"out at any time.
The Board discussed the matter with Mr. Mitchell and
requested h1a to communicate with the landlord to find out
whether or not he would be willing to accept anything less
than the $60: in payment of the rent and if it became nec-
essary to pay the full amount of the rent, to make such
arrangements with Mr. Fisher about working the amount out
as he desired.
Frederick J. Spencer came before the Board in reference
to the application of the Minute -Man Sportsman's Club for
the free use of the Cary, Memorial Hall on December 21st for Cary Hall
one hour for a childrenrs entertainment. He stated that Rental.
the affair was being run for the benefit of the Public
Health.Association Christmas Fund.
The Board voted to grant the free use of Cary Hall for
this purpose.
' In reference to the application of the Mass. State Cary Hall.
Guard Veterans for the rental of Cary Hall on Dec. 28th
228
Mass, Ave.
Lights.
Material
on Clarke
Street.
Red Light
on Mass.
Avenue.
Haskell
Claim.
for the installation of officers., it was voted to allow the
minimum charge of.$15. for the_use.of the hall on this
date.
Supt. of Public Works came before the Board and re-
ported that the lighting expert of the Edison Co. that came
out date this afternoon to look the situation over on bass.
Ave. recommended 250 candle power lights and no SO candle
power lights be placed on the street. He first suggested
600 watt lamps but Supt. of Public Works informed him that
these would be out of the question and he therefore sug-
gested that 250 candle power lights be installed. -e was
not in favor, however, of the suggestion made by Mr. Cham-
berlain of lighting on one side of the street.
The Board decided to lay the matter over for one week
until the written report of the Supt. of Public Works was
received.
Attention of the upt. of Public Works was called to
the piling of excavated material on Clarke Street opposite
the Cary Memorial Library by Miss Harrington.
The Supt, reported that he had given Miss Harrington
one permit on October 27th to expire on November 20th and
he gave her another permit to December 31st,
The Board felt that there was no reason why this
matorial should be allowed to ramain there on account of
persons parkin their cars on this side of the street and
requested the Supt. of Public Works.to notify Miss Harrington
that after December 31st there would be no renewal of.the
permit and she would be required.to have the material re-
moved.
Mr. Lyons called the attention of the Supt. of Public
Works to the fact that he felt the red light on mass. Ave.
at Waltham Street was on for too long a time. He stated
that he timed it three times and found by his watch that
he had to wait from fifty to fifty-five seconds on the
red light. The Supt. of Public Works stated that the
timing on the lights had been made by a stop watch and
that on an ordinary watch you could not time it correctly.
Mr. Gilcreast offered the use of his stop watch so
that timing could be taken on that light. .
Letter was received from the Town Counsel in refer-
ence to the Haskell.case in which he reported that, he pre-
sented the two offers of the Board to the Attorney for Mrs.
Haskell and she has shown no signs of accepting either one
of the offers and apparently appears to be anxious to re-
ceive cash of $5001W and the waiver of the sewer betterment
tax.
It was suggested that the flown Counsel be notified that
the mortagees should be informed of the claim of Mrs. Haskell
inasmuch as if anything is paid to her release should also
I
' be obtained from the mortgagees. It was felt that it may
be possible that she is anxious to disregard any responsi-
bility as far as the mortgages are concerned if she received
a cash settlement. Owing to the fact that the ground is
now frozen, the Board felt that the matter should drag along
until such time as Mrs. Haskell was ready to consider either
one of the offers of the Board.
Letter was received from the Town Counsel in which he
stated that the case of Fay Ruth Cleverley vs. the Town of
Lexington was disposed of inasmuch as he filed a demurer
at the Superior at East Cambridge.
%he Court sustained the demurer on November 6th, and
the plaintiff has taken no appeal. Bill of the Town Counsel
for his services in this case of $50, was approved.
229
Haskell
Claim.
Cleverley
vs.
Town.
Renewal of the Town of Lexington blanket fire insurance
in the amount of $4,000. through the office of Elmer A. Insurance.
Lord & Co. was authorized; also renewal of $11,,000* on the
blanket fire insurance schedule through the office of
George W. Taylor and his son.
Letter was received from the Town Counsel in reference
to a bill owed to the Town by Arthur LaChance in the amount LaChance
' of $39.90 for his care in the hospital. The Counsel stated Bill,
that he had written to Arthur La Chance but had heard noth-
ing from him. In order to bring suit in this case it
would cost approximately $4.00 and inasmuch as the man has
been employed continually by Mr. William G. Potter, it was
voted to have the Town Counsel serve a writ on Arthur La -
Chance.
Request for street lights on Pineknoll Road was re- Street
ceived and turned over to the Supt. of Public Works for Lights,
a report.
Copy of the order of the Board of Appeals denying the Board of
application of the Castle Club for permission to maintain Appeals,
a club at the Carl House, was received.
Letter was received from the Civil Service Department
in which they advised that the provisional appointment of Police
Jobn W. Rycroft as temporary deputy chief had expired and Dept*
asked for the notice of discharge. Inasmuch as the.Chief
of Police, James J. Sullivan, is now back on duty, it was
voted to send notice of this discharge to the Civil Ser-
vice Dept.
Invitation was received from the E.R.A. workers union E. R. A.
' to attend a meEbing at the High School hall. Mr. Gilereast Workers
reported that the Chairman of the Board informed him that Union.
�g
rmission to use the Hi h School hall had been revoked.
230
Notic6 prepared by the. Clerk to be inserted in the '
paper calling attention to persons who desire to have water
Betterment. and sewer mains and electric lights and street accepted in
1935 to file their request with the Board, of Selectmen not
later than Jan. 8th, was approved by the Board,
The Clerk reported that -the Arlington Board of Public
Works have denied the petition of the residents of Hibbert
Street to accept Hibbert Street as a public highway, owing
to the fact that it does not abut on any public highway.
Last week, the Board of Public Works over the telephone
asked for an expression of the opinion of the Board of Se -
Hibbert lectmen as to whether or not they would work with them if
Street, they decided to accept;the street, owing to the fact that
the Arlington -Lexington line runs through the street and
about 200 feet of the street is in Lexington abutting on
Dass. Ave. and they would not be willing to have a part of
the street accepted if the Lexington end was not going to
be done.
The.Board felt that they would cooperate with Arling-
ton if the abuttors complied with the necessary require-
ments of the Selectmen in agreeing to pay the 100 per cent
cost of construction.
Letter was received from the Cambridge Relief Hospital
in which they cal led attention to the fact that they.have
now a clinic where they.can care for venereal diseases
'Cambridge which might be referred to them by the Board of Health, and
oc p `t.al. also they can provide glasses for persons in need and that
special rates *ill be given to persons receiving aid from
municipalities.
The Clerk reported to the Board that the Town Account-
ant stated that there was a bill of $246.64 owed to the
City of Somerville apparently which is an.Old Age Assist-
ance case, and Mr. Gilcreast was requested to make.a report
Somerville on the Old Age Assistance granted to Frank Majewski in
Bills. Somerville so that settlement could be made with Somerville
as they were ready to send a check to the Town of $2500,
and the Town would send a check for the bills due to tte
Cly of Somerville amounting to approximately $1000. r.
Russell desired to put through a special warrant covering
this amount so that it could be settled. Mr. Gilereast
stated that he would make a report in regard to the Frank
Majewski case.
Letter was received from Mr. Kinneen in which he grant-
ed his permission that the children of the town be able to
Pond for skate on the pond on his property. This was the pond that
Skating. the Board were requested by Mr. Hooper and others toflood
for the i1se of the children for skating, at the last meet-
ing,I
231
Letter was received from the Federal Emergency Admin-
istration of Public Works calling attention to the fact
that where the charge for inspection and supervision in
the field by the architect or engineer exceeds twenty per P. W. A.
cent of the total fee of the architect or engineer for the
entire docket, it will be necessary for the borrower or
grantor to submit to the State Engineer estimates certi-
fied to by the Architect or engineer substantiating the
total cost of the inspection and supervision in the field
for the entire docket. The estimates should be submitted
prior to the first request for a grant payment in order
that it may be approved as a cost on which the grant will.
be based..
Another letter was received from the Fed. Emergency
Administration of Public Works in which it was stated that
Form C.W.P.A. 29 will be required to accompany all requests P. W. A.
for funds and also allow *,ng discontinuance of the monthly
report on Form 29.
Mr. Ross received copies of both letters.
An unsigned letter was received calling attention to
the fact that the dogs in the Blossom Crest section and Dogs.
Waltham Street were not being restrained. The letter was
turned over to the Police Department for his attention.
The Board adjourned to Mr. Trask+s home to finish up
the re-maining business.
Letter was received from the Alcoholic Beverage Con-
trol'Commission in which they approved the granting of the
following licenses:
All Alcoholic Beverages, - Package Stores.
Joseph Trani 1757 Mass. Avenue
John J. Rudd 1845 Mass. Avenue
Wines and Malt Beverages - Club.
Minute Man Golf Club Cor, Pleasant St. and
Coneard Avenue.
Wines and Malt Beverages - Package Stores.
Lexington Fruit Co. 1740 Mass, Avenue Liquor
Adolph Labes 17 Woburn Street Licenses,
Max Berman 12 Mass. Avenue,
1 They also called attention to the provisions of Chapt.
328 of the Acts of 1934 which states that no person who
holds a license for the sale of alcoholic beverages_ may be
given a license to keep open his place of business on the
Lord t s Oay., for the sale ' of ,ice - creamy confeetioiiery, ' soda';, .
232
c�
CID
water or fruit.
The Board therefor voted to sign and grant all licehoes
with the exception of that of Max Berman of 12 Mass. Ave.
who holds a license to sell confectionery, soda water and
fruit on the Lord's Day. Mr. Berman's attention was ca=lled
to the fact giving him the opportunity to state whether he
desired to have a Sunday Sales License or the license for
a package store for wine and malt beverages.
Letter was received from the bapt, of Corporations &
Taxation in which they called attention to the Revised Laws
ablating to dogs. They also called attention to the fact that
Boards of Health are required to.furnish free anti -rabic
vaccine and treatment in cases of dog bites not to exceed a
Dog Laws.
cost of $50. for each person these payments to be made from
the Board of Health appropriation, the Town to be reimbursed
by the County from the Dog Fund for the treatment. They also
called attention to the provision that requires dog officers
to seek out, catch and confine all unlicensed dogs and the
officer is entitled to $.50 per day not to exceed six days
for each dog so confined. This is paid by the owner if
known direct to the dog officer., and if no owner is found
after six days, the dog is sold or destroyed. In this
case the officer is entitled to #3, for detention and 1,
for each dog destroyed. His expense will also be reimburs-
ed by the County, but must.be paid in the first instance by '
the Town.
Letter was received from Stanley H. & Ethel M. Eldridge
protesting the renumbering of the houses on Eliot Road,
The Board discussed the matter and felt that if the
streets are to be renumbered in the town officially that of
Street
Course it would be inconvenient to a number of persons, but
Renumber-
it was felt that this should be done in the proper manner.
ice•
Mr. Lyons called attention to protest ma e by Albert
Mr.
B. Tenney on Adams Street which he felt that Teeny was
entitled to protest, owing to the fact that his house was
the first house on Adams Street and there never will be any
other houses built side of his house.
It was voted to appoint the following assistant Asses-
sors owing to the fact that the listing now begins on Jan-
uary 1st rather than on April lst;
Frederick J. Spencer - Assit. Assessor for the one year
1935.
Census.
Thomas Fardy, Harold Bullock, Milford Woodward, George
Morse and Paul McDonnell for a period to be designated
by the Board of Assessors.
The Uhairman reported that it was necessary to take
the dicennial census this year and for that reason if they
had two groups of men, one could be headed by Mr. Morse and
the other by Mr. Spencer and they could do the assessors
listing and take the census in the proper manner.
-233.
It was voted to grant the following Licenses;
Common victuallers:
Partridges Food Shop - 1709 Mass. Avenue.
William A. Granfield - Cor. Marrett Road and Spring St. Licenses.
Hattie E. A. Peckham - 37 Hancock Street
Philomena P. Pero - 1781 Mass. Avenue
Innholders License
George S. MacAlpine - 50 -Percy Road
The Chairman called attention to the parking on both
sides of Forest Street, particularly when mass was being_
held at the Catholic Church and felt that the Chief of Parking
Police should report in regard to the situation. Atten- Conditions.
tion was also called to the parking at Masonic Temple on
Bedford Street, and it was felt that the Chief should also
report.on his recommendations for that section.
Attention was also called to the f act that owing to
the report that there have been recent fires in High School
Buildings, that there should be at least temporarily a Watchman
watchman at the school. Mr. O'Connell suggested that John at High
Egan of Muzzey Street would be a good man for the watchman.School.
The Chairman agreed to see Mr. Grindle in regard to
the matter.
Mr. William Paxton, Jr., Supt. of Streets came before
the Board and discussed in detail the manner in which he
wou.id like to set up the Highway Maintenance Department.
The estimate of the Supt. of Public Works amounted to
$45..350. This estimate, Mr. Paxton stated, included re-
surfacing of seven streets amounting to $5800. Mr. Paxton
called attention to the fact that a number of the streets in
the town have had very poor bases and wherein there is no
drainage and put on a seal coat, and eventually the main-
tenance of these streets would be very much less. He stated
that Oakland Street is in very bad condition and also Reed
Street and he would like to excavate those two streets and
put in drainage,nine,to ten inches of gravel with two coats
of oil. On Reed Street, he stated that he would not be
able to put in so much of a base owing to the fact that it
would bring the grade of the street up higher than the
houses. Curve Street, Adams Street, Hayes Avenue and Som-
erset Road around the park, East Street and Concord Avenue
from the Belmont Line to the hospital he felt should be
done. He called attention to the fact that a new truck
would have to be bought for which an allowance of $900,
was made, and 400 feet of hose. He also had a new roller
included in the new equipment and his program included a
' total of $530751.00, - $12,200. Of which was for Oakland
Street and Reed Street, leaving the balance of $41,550.
The Board felt that figuring in this manner he had
very little to come and go on'and they felt that the de-
partment should at least have $43,500, and make a special re-
quest for the work to be done on Reed and Oakland:Streets as
a separate article in the Warrant.
The Board discussed the Police Department budget and
voted to approve of the employment of two additional men
Police and one additional new car, t was voted to approve the
Budget. budget of $31,200. and a total of $33,650 to take care of the
employ�kent of the two additional men and the car.
In reference to the estimate of $21, 750 for street
Pub. Wks, lights for 1935, it was voted to approve $22,500 which
Operation. would include the cost of the lights to be installed on
Mass. Ave.
In reference to the estimate of the Town Clerk and
Town Treasurer, it was voted to approve an additional $35. over
Glerk.ts. the appropriation of last year.
Estimates of the following accounts were approved"
Town Office and Cary Memorial Building $8800
('Accounts. Removal of ashes and care of Dumps - 1900.
Collection of Garbage - 3600,
Street Signs 3000
Engineering.Department - 93006
Supt. of Public Works - 4280,
Tax Collector - 5715:
Accountant (Exclusive of Salary) - 645.
The Chairman called attention to the fact that the
State pays for supplies of the Accountant's Office and the
Assessor's Office and, the Collectorls Office, and this. bill
Payment of has come through generally in a State Tax, Mr. Russell
Accountant. felt that it should be included in the budget of the various
departments, but he nex finds that it is not possible to
estimate ghat the demands of the State Accountants will be
and therefor Mr. Russell has agreed to charge the amount'
to the Accountant , Assessors or Collector on the bookeiso
that account will show the amount paid,
Traffic It was voted to approve the amount of $1300. for
Regulation. Traffic Regulation and Control.
The Fire Department budget in the amount of $27,508,
was considered. The additonal amount over $36,043. for
1934 was in the salary of tis engineers, which the Board
voted to approve last year and the addition of two per -
Fire Dept. manent men.
The Board discussed the matter of the permanent men
and felt that they should not approve two additional men
this year inasmuch as there were two.added on the Fire De-
partment last year. The Board voted to approve the_appro-
235
' priation withouth the allowance for two men,
Several other recommendations were made by the Chief
of the Fire Department as follows:
(a) Underground cable in Mass. Ave. from Woburn Street
to East Lexington Engine House. $3792. Fire
(b) From Woburn Street to Arlington Line - 7320, Dept.
Mr. Mitchell reported that he visited Mrs. Makenzie
and found that her son John had been working regularly for
the Dater Department receiving $22. per week and James re- Makenzie
ceives $20. per month compensation and under the circum- Case.
stances, he did not see how the Welfare Dept. could render
any aid.
Mr. Mitchell was requested to so inform Mrs. Leary
that the Board could not grant any rent in this case.
In regard to Raymond F. Tobin, Soldiers Relief case,
he had been working for his brother and he formerly was
aided last winter to Soldiers Relief. fte was requested
to register under the E.R.A. from whichIm would receive Tobin.
$12. per week. Mr. Mitchell recommended granting him aid
to the amount of $6, per week in addition to the $12. E.R.A.
and this was approved.
In regard to the Patrick McDonnell case, who works on
the E.R.A., it was voted to approve the granting of fuel.
Mr. Mitchell reported that at the presexit time, Mr. Me- McDonnell,
Donne&l has not been able to do anything with the bank in
regard to the mortgage. Aid was to be granted through
Soldiers Relief in this case.
Twenty fire alarm boxes - 2500:
Separating Tapper circuits from box C.T.S. - 1685:
Ladder truck - 12000.
The Board voted to approve the expenditure of $2500,
for replacing ten old and furnishing ten new fire alarm
boxes and project of $1685, for separating the tapper cir-
cuits. This, will allow for the tapper arrangement to all
come through the central fire station and the man on duty
there will notify all the call men. This it is expected,
will make the service faster, It was voted not to approve
the installation of an underground cable on Mass. Avenue
from Woburn Street to the Arlington Line at a cost of
$7320. The Board discussed the matter of the installation
of the underground cable on Mass. Avenue from Woburn St.
to the East Lexington Fire Station. and 'felt that there
should perhaps be some start on this installation when the
'
work of excavation and refilling could.be.done possibly
by the E.R.A. or unemployed men, and voted to approve this
project in the amount of $3792.00,
Mr. Mitchell reported that he visited Mrs. Makenzie
and found that her son John had been working regularly for
the Dater Department receiving $22. per week and James re- Makenzie
ceives $20. per month compensation and under the circum- Case.
stances, he did not see how the Welfare Dept. could render
any aid.
Mr. Mitchell was requested to so inform Mrs. Leary
that the Board could not grant any rent in this case.
In regard to Raymond F. Tobin, Soldiers Relief case,
he had been working for his brother and he formerly was
aided last winter to Soldiers Relief. fte was requested
to register under the E.R.A. from whichIm would receive Tobin.
$12. per week. Mr. Mitchell recommended granting him aid
to the amount of $6, per week in addition to the $12. E.R.A.
and this was approved.
In regard to the Patrick McDonnell case, who works on
the E.R.A., it was voted to approve the granting of fuel.
Mr. Mitchell reported that at the presexit time, Mr. Me- McDonnell,
Donne&l has not been able to do anything with the bank in
regard to the mortgage. Aid was to be granted through
Soldiers Relief in this case.
236.
Frank J. Thompson, carpenter, formerly on the Wel-
fare Dept., Mr. Mitchell reported was unable to work
Thompson. with pick and shovel on the E. R. A. He was therefore
to be placed on Welfare at the rate of $9. per week and
he could work it out on various odd jobs.
In regard to the Mills family, Mr.EMitchell reported
that Warren L. Mills was placed on the .R.A, and this
(Mills. would take care of the needs of this family. The only
aid granted in this case_ was twenty-five gallons of fuel
oil.
The Agent reported that Rosa DaRu had been receiving
mother's aid and now her two sons had become old enough
DaRu. so that mother's aid could not be granted any longer and
he desired to have her placed on the Welfare list for*the
$10. per week she had been receiving.
It was voted to approve the same.
Carl Swenson, who is supposed to be receiving $6.
per week'cash works 4J days for the schools and his net
Swenson. received if $5.60 on account of car fares paid to go to
work, requested fuel. It was voted not to approve any
additional aid in this case
The meeting adjourned at 11:30 P. M.
A true record, Attest:
Clerk.
1