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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