HomeMy WebLinkAbout1935-02-26u
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325
SELECTMEN'S MEETING
FEBRUARY P6, 1935.
A regular meeting of the Selectihen was held in the
Selectmen's Room, Town Office Building, At 7:30 P. M.
Messrs. Trask, Gilereast, Ferguson, O'Connell and Lyons
were present. The Clerk was also present.
Max Sulkin of 132 South Street, Waltham, made appli-
cation to have the Junk Collector's License of Arey Green-
blott transferred to him. He stated that Mr. Greenblott
had had a schock and he doubted very much if he would be
able to resume his work collecting junk againt that he
was his brother-in-law and des'red to carry on the busi-
Junk
ness for him.
License.
It was decided not to do anything about the matter
but to allow him to continue under Mn. Greenblott's Lic-
ense until it expires and in the meantime information
could be obtained about Mr. Sulkin.
The Board signed the Denatured Alcohol License for
Alcohol
the Town Paint and upply Company.
License.
Commitment of Water rates in the amount of $4385.90
Commitment.
was signed by the Board.
Commitment of water liens on the property of Lillian
M. Grasby of Belmont and Duncan.B. Barker of Waverly was Commitment,
signed by the Board.
Mr. Ross presented a letter in which he suggested
that the Water regulat'iog,:•be: changed to .-make ia charge of
82.00 for turning on the water instead of a chage of
1,00 for turning it off .and $1.00 for turning it on as
the regulation now calls for.
The Board discussed the matter and felt that $2.00
was too much to charge to a person to have the water
turned on and decided not to make any change in the reg-
ulation.
Mr. Ross requested the Board to decide whether or
not they desired him to continue to place water liens on
Property. For instance, in one case he has placed three
liens on the property. He stated that if the town took
over property by tax title he was afraid the Water Dept.
would lose the money for the water rates.
The Board considered that if the property was taken
over by tax title the water rates could be considered
3n the sale price. However, it was decided to request
the Town Counsel to give the Board his opinionon the mat-
ter.
Water
Regulation,
Water Liezas,
326 01
It was voted to renew the blahket insurance on Town
of Lexington schedule in the amount of $35,000. issued
through the office of Edwin B. Worthen.
Letter was received from the Town.Counsel in which
he stated that there was no error in the decree issued
against MacDonald who owns the shack occupied by Frank
Parker in East Lexington, and owing to the fact that ser-
vice could not be had on MacDonald, he felt that the pro-
per thing to do was to have a crew of the Town Employees
under the supervision of the Building Inspector and Hig-
gins of the Engineering Dept., go onthe_land and tear
the shack down and stack the lumber. (He sugge-sted that
Higgins of.__the_ 3nginaaring Dept.-, go on the land and
tear the shack down and .s -tack 4he--4umbeP.-) He suggested
that Higgins photograph the shack before it was torn
down, measure the material and photograph it in the pile, '
and then if MacDonald shows up and attempts to sue the
town for trespassing, he can be proceeded against for con-
tempt of the decree. He stated also that he considered
Letter was received from Thomas C. Wright in which
he expressed a desire to acquire some of the property
formerly owned by Thomas Cahir on Grove §treet now held
Tax Title
by the Town of Lexington by Tax Title. n article in
Property.
the Warrant for the. Town Meeting calls for an authoriza-
tion for the Selectmen to sell the tax title property and
until that is voted upon, no action can be taken. It
will be also necessary to look up the law to get informa-
tion in regard to the manner of handling such sales as
this is the first time the Board has been called upon to
sol tax title property.
A. B. C.
Notice was received from the Alcoholic Beverage Con -
Address,
trol Commission that they had moved from the State House
to 24 School Street.
Three agreements were received from the Town Counsel
which hs requested the Board and the Town Treasurer sign
Haskell
in the settlement of the case of Andrew N. and Ruth N.
Case.
Haskell. The three agreements were signed in accordance
with the instructions and returned to the Town Counsel.
The Chairman reported that owing to the fact that the
street numbers were changed that a new list had to be
drawn up giving the new numbers and he authorized the
printing of the new list. There were 500 copes made
and the question came up about out-of-town people desiring
these lists and not paying for them, and he felt that a
charge should be made to persons from out of town if they
desire a list.
It was voted to make a charge of twenty-five cents
per copy to out-of-town persons.
Letter was received from the Town.Counsel in which
he stated that there was no error in the decree issued
against MacDonald who owns the shack occupied by Frank
Parker in East Lexington, and owing to the fact that ser-
vice could not be had on MacDonald, he felt that the pro-
per thing to do was to have a crew of the Town Employees
under the supervision of the Building Inspector and Hig-
gins of the Engineering Dept., go onthe_land and tear
the shack down and stack the lumber. (He sugge-sted that
Higgins of.__the_ 3nginaaring Dept.-, go on the land and
tear the shack down and .s -tack 4he--4umbeP.-) He suggested
that Higgins photograph the shack before it was torn
down, measure the material and photograph it in the pile, '
and then if MacDonald shows up and attempts to sue the
town for trespassing, he can be proceeded against for con-
tempt of the decree. He stated also that he considered
327
Avery
Shack,
Mechanic,
Use of Gas
or, Car.
the advisability of including in the final decrees in
'
Building & Zoning cases the provision authorizing demo-
litibn.by the Town and he decided to Amit it because
under ordinary circumstances it would amount to an in-
vitation to the defendent to do nothing and put the
town to the expense of demolishing.
. The Board voted to authorize the demolition of
the MacDonald shack in accordance with the suggestion
of the Town Counsel and under the direction of the Chair-
man of the Board.
Letter was received from the Town Counsel in which
he stated that be would proceed in the Avery Case as in-
structed by the Board.
Mr. Avery, however, came before the Board and.asked
the Board for an extension of time to move out of the
place occupied by him until May 1st. He stated that
there was a house in that section that was livable that
he.eould rent for $8. per month and there was also anoth-
er house that he might rent, and if he could not get
either house, he would abide by the decision by May 1st.
He stated in regard to the house in Malden that there
was a man out to see him about the house owing to the
fact that they had not received any payment on it. The
e
house is in the Home Loan and as far as he was concerned,
it was gone. He had made no payments on it and he did
not consider that he owned it, He had just dropped the
matter. He stated that his wife was feeling a little
better now.
In view of the fact that the Board issued their
order to the Town Counsel tohave Mr. Avery moved from
the shack on the grounds that he had this house in Mal-
den to move to and he now not having any claim to the
house, the Board voted to allow him an extension of time
to May lst to vacate the shack.
The Supt. of Public Works came before the Board do
discuss the matter of the vote of the Board of last
week to furnish Frank Barry with five gallons of gaso-
line per week. Mr. Scamman stated that in his report
he stated that Barry received 41 gallons from the Pub-
lic Works Dept., highway section, and he was not aware
that he received 41 also from the Water Department, mak-
ing a total of 82 gallons a week which he received.
Mr. Barry presented a statement showing that he travelled
200 miles last week and since getting his neer car he has
run about 5000 miles on town business.
The Board felt that it was not quite fair to ask him
to run his car for highway busines on $27. per week and
91upt.
considered the suggestion of the of Street to pup -
chase a pick-up body car for.the use of the mechanic.
Mr. Trask stated that Calvin W. Childs had a"1934
pick-up body Ford car that he would sell for $375. This
327
Avery
Shack,
Mechanic,
Use of Gas
or, Car.
32.8
c�
n
car, if purchased, •mould also be used'to put out and ,
carry in the lanterns for the Highway Dept, for which
they now use a heavy truck.
The Board therefor voted to revoke their previous
vote allowing five gallons of gasoline per week to
Frank Barry and voted to authorize the Supt. of Public
Works to purchase,the pick -up -body Ford car for $375*
provided the car met with his approval and the approval
of the mechanic.
In regard 'to the use of the car owned by John O'Con-.
nor, the Chairman stated that OtConnor averages to run
his car from forty to fifty miles a day. He stated that
O'Connor. at this rate and even with X15. a month received from
Ude of Car. E.R.A., he did not believe he was obtaining sufficient
to pay for the use of his car.
After considering the matter, it was voted to allow
O'Connor $10. per month for the use of his car to be .
paid by the Highway Department in addition to the $15.
The Board discussed the matter of blasting damage
to the house of Henry J. Wood, the same being the house
occupied by Dr. Cheseer L. Blakely, 387 Bedford Street.
Mr. Wood claimed damages when the blasting was done
Wood House
while Winter Street was being constructed. A list of
Blasting
the damage that was done as shown by the inspection of ,
Damage.
the Assistant Town Engineer was presented and most of
the items listed were cracks.
After considering the matter, the Board felt that
any house of the age of the house occupied by Dr. Blake-
ly might show cracks and they felt that it would be hard
to determine that they were done by the blasting done
in that sectimn and the Board voted to notify Mr. Wood
that they did not believe the Town should be called upon
to pay the damages.
Petition for assessment of damages by Harriet W.
Smith and George T. Smith and Minnie Adelia Dee of
Petition for
Maplewood, New Jersey, asking for an appearance in the
Damages on
Superior Court on the first Monday of April, were re -
Valley Rd.
ceived from the Town Clerk.
It was voted to send I)oth petitions to the Town
Counsel.
In reference to the vote of the Board to abate the
betterment assessment when a release of damages is re-
ceived from Cora W. Dempsey, James A. Aker and Anna E.
er er
Rardin, it was decided to hold up the abatements on ac-
count of the petition for damages and ask the advice of
the Town Counsel in regard to whether or not this would
have any affect upon the Smith cases. '
1
Mr. Ferguson attended the meeting at Middlesex
County Sanatorium in regard to House Bills #1485 and
#1679. Mr. Ferguson stated that one bill is for the
City of Cambridge to come into the hospital district
and they would use the present hospital building in
CAmbridge. Dr. Remick stated that there were at the
present time, 150 beds and there 80 home cases and 70
cases at Rutland that should now be at the Middlesex
Sanatorium. He stated that if Cambridge comes into the
hospital district they will have to pay 15% of the
original cost of the original building which will be
approximately $209,000.000. They contemplated a fifty
per cent grant from the Government for this project
and they are trying to get a 100 per cent grant, and
Dr. Chadwick reported that he had been to Washingtnn
and that it looked very favorable toward obtaining
a 100 per cent grant from the Government on this pro-
ject. Mr. Ferguson felt that if Cambridge came into
the district that it would reduce the assessment to
Lexington and therefor he would be in favor of both.
In regard to the bill for the addition, they have
applicants now who need to go to the hospital that
will have to wait three or four months beforethey can
get in the hospital And Dr. Remick explained that if
they could get the persons into the hospital it would
thereby reduce the number of cases and the spread of
the disease.
Inasmuch as Mr. Ferguson expressed the opinion
that he was in favor of both of these House Bills, the
Board voted to notify the representatives and senator
that they were in favor of the bills.
Mr. Lyons reported that Mr. Whitney was out of town
and that he was unable to get the information in regard
to his proposition on 90 per cent coinsurance.
The matter was therefor laid on the table for one
week.
The Chairman stated that the State Accountant called
attention to the fact that he felt that the _town had no
329
Senate
Bill #138.
Middlesex
County San.
House Bill.
Insurance.
The Chairman reported that he, Mr. Ferguson and
'
Mr. Lyons attended the hearing on the Concnnd Avenue
Bill, namely Senate Bill #138. Some opposition was pre-
sented by Concord, Belmont and Lincoln. Some objection
was made to the 100 foot set -back and he felt that if
this was reduced to 50 or 75 foot set -back it might be
agreed upon. He felt that some of the.men from Lincoln
made a poor impression upon the committee -and he also
felt that some of the Senators seemed favorable toward
the Bill and there was an expression that it might be a
good thing to enact a bill of this kind on all State
Highways.
1
Mr. Ferguson attended the meeting at Middlesex
County Sanatorium in regard to House Bills #1485 and
#1679. Mr. Ferguson stated that one bill is for the
City of Cambridge to come into the hospital district
and they would use the present hospital building in
CAmbridge. Dr. Remick stated that there were at the
present time, 150 beds and there 80 home cases and 70
cases at Rutland that should now be at the Middlesex
Sanatorium. He stated that if Cambridge comes into the
hospital district they will have to pay 15% of the
original cost of the original building which will be
approximately $209,000.000. They contemplated a fifty
per cent grant from the Government for this project
and they are trying to get a 100 per cent grant, and
Dr. Chadwick reported that he had been to Washingtnn
and that it looked very favorable toward obtaining
a 100 per cent grant from the Government on this pro-
ject. Mr. Ferguson felt that if Cambridge came into
the district that it would reduce the assessment to
Lexington and therefor he would be in favor of both.
In regard to the bill for the addition, they have
applicants now who need to go to the hospital that
will have to wait three or four months beforethey can
get in the hospital And Dr. Remick explained that if
they could get the persons into the hospital it would
thereby reduce the number of cases and the spread of
the disease.
Inasmuch as Mr. Ferguson expressed the opinion
that he was in favor of both of these House Bills, the
Board voted to notify the representatives and senator
that they were in favor of the bills.
Mr. Lyons reported that Mr. Whitney was out of town
and that he was unable to get the information in regard
to his proposition on 90 per cent coinsurance.
The matter was therefor laid on the table for one
week.
The Chairman stated that the State Accountant called
attention to the fact that he felt that the _town had no
329
Senate
Bill #138.
Middlesex
County San.
House Bill.
Insurance.
330
right to carry property damage insurance on town auto- '
mobiles owing to Acts of the Legislature of 1933 and
1934 and that the liability limits should not exceed
$5000.00. In 1931 the matter was discussed and the
opinion of the Town Counsel received at that time in which
he stated that the Board had authority to carry liability
and property damage insurance, and the Board at that
time voted to continue the insurance.
Discussion was had as to whether or not the present
Compulsory Insurance Law had any effect on the town's car-
rying liability and property damage insurance, and as to
whether or not the town was' -liable'_ -•except in departments that
might be earning, such as the Water Department, and it
was decided to request the Town Counsel to give an opin-
ion on the matter.
Copy of House Bill #1519, namely an act providing for
House Bill a rapid transit and traffic right of way from a point in
#1519. the City of Boston to the new traffic circle at the junc-
tion of the Concord -Cambridge turnpike and the Alewife
Brook Parkway, was received.
TheChairman reported that Miss Mary Spencer who had
been employed by the Treasurer and Town Clerk and the
Mary Spencer Town Accountant one-half of the week each, had been ac -
Employment. cused by the Treasurer for things.she did not do and she
decided that she wodld not work for him any longer. Mr.
Trask recommended that she be employed in the Selectmen's
Dept. to copy the Selectmen's records and that she be
employed for three days a week at the rate of $14. per
week until further notice or until she has secured another
position.
Mr. Mitchell came before the Board and stated that
Thomas J. Doherty of Farm Crest Avenue, living with his
Doherty daughter, is on E.R.A. and he'applie d for' -additional as -
Case . sistance. His daughter is now working getting $10, per
week and they had a total income of $18. per week. He
has to pay the Home Loan $26.99 per month.
The Board voted not to take any action on this mat-
ter.
Application for additional assistaned was received
from Carl F. Jones., -corner of Lowell and Maple Streets.
Jones
The man is on E.R.A. three days per week and was a
Case.
Soldier's Relief case. Mr. Mitchell reported that he
was receiving as much as the budget would allow him. He
checked up and found that he was not paying his rent and
the Board therefor voted not to grant any additional as-
s3stance in this case.
Sears
Mr. Mitchell reported that Maurice Sears is about to '
Case.
have a settlement on his accident case within a week or
two and the tavn would be relieved of any further aid in
this case.
331
' Application was received from Joseph Vitale who has
been on E.R.A. but is not at present. He asked for aid
for his wife} mother and child. The bank now will take Vitale
12. per month in lieu of payment of approximately $15.50 Case.
per month.
In this case Mr. Mitchell recommended $14. per week
on Welfare and it w as voted to grant the aid.
1
IJ
Mr. Mitchell reported in regard to the case of Henry
Nutt, Jr., who works for George Bailey from April until
Pall, getting $12. per week on E.R.A. and he lives in Nutt
Bailey's.house and is not paying any rent. He asked for Case.
additioakal aid but it was voted not to grant aid.
In reference to the application of Samuel Bornstein,
Mr. Mitchell reported that he inquired about the insur-
ance claim and he was informed that the injury occurred
in the yard of one of the Bornstein houses and he had
given his case to a lawyer. He did not tell who the law- Bornstein
yer was or who the insurance company was, but he expected Case*
there would be Court action.
The Board voted to pass the application and requested
Mr. Mitchell to find out who the lawyer was and the insur-
ance company.
Mr. Mitchell also stated that he informed them that
he wanted to know what the income of Abraham, the son,
was and not the amount that he was paying into the house.
The Agent reported that George F. Cogswell, who was
on E.R.A. for the present and who was on the Cemetery
Dept, for the past two or three years, reported that his
wife went to Dr. Hardcastle and he stated that she had
some intestinal trouble and should have hospital treat-
ment. Inasmuch as Cogswell will return to regular employ -
m ent within seven or eight weeks and the Agent gathered
from Mr. Hardeastle that her condition was not so serious
that it needed immexil'ater treatment, he recommended that
hospitalization be laid over until such time as Mr. Cogs-
well returns to his regular work.
Mr. Mitchell reported having received a letter from
Mrs, McDonnell that the daughter of Eliott Hadley of Vine
Street was going around with her husband Paul McDonnell.
Mr. Mitchell stated that he informed Mrs. McDonnell that
he had nothing to do with the Hadley family now inasmuch
as they were not on Welfare, one boy being at the C.C.C.
Camp and another one on the E.R.A. and the husband having
temporary work.
The meeting adjourned at 9:10 P. M.
,A true record, Attest:
Clerk.