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HomeMy WebLinkAbout1935-04-16434 SELECTMENIS MEETING APRIL 16, 1935. ' A regular meeting of the Board of Selectmen was held at the Selectments Room, Town Office Building, at 7:30 P.M. Messrs. Ferguson, Gilcreast, Lyons and Potter were present. The Clerk was also present. Hearing was declared open at 8:00 P.M. on the Swanson application of George E. Swanson for permission to garage maintain a two car garage of concrete walls, wire lath application. ceiling and cement plaster at Lot No. 51, Meriam Street. Mrs. Swanson appeared and presented plans of the garage. No persons appeated in opposition and it was voted to grant the permit subject to the approval of the Building Inspector. Hearing was declared open at 8:05 P.M. on the Harrington application of Katherine Harrington for permission to garage maintain a single car garage of fieldstone, under the application. house at the corner of Clarke Street and 1884 Mass. Avenue. Miss Harrington appeared and presented plans of the garage. No persons appeared in opposition and it was voted to grant the permit subject to the approval of the Building Inspector. 'Dr. Barnes Hearing was declared open at 8:10 P.^i. on the gasoline application of Dr. William L. Barnes to replace an tank applica- old 65 gallon gasoline tank underground outside of his tion. garage with a 300 gallon tank to be used for private storage, to fill private cars. No persons appeared in opposition and it was voted to grant the permit subject to the approval of the Building Inspector. Mrs. Mary D. Hatch of East Lexington appeared before Hatch the Board with her son-in-law and presented a tentative property; plan of her property near the new Concord Turnpike. Green Mrs. Hatch requested the approval of the Boarl of the Lane. sale of Lots 15, and 34 to 37, Inc., southeast of Green Lane, as shown on the plan. The Board voted to advise Mrs. Hatch that they had no jurisdiction over the sale of the land inasmuch as she had not applied for a Board of Survey Layout; that she could sell the land at her own risk. A. Ruzziero appeared before the Board in regard Ruz,ziero to the overhanging sign which he has erected in front Sign. of his store at 1766 Mass. Ave. He informed the Board that he thought that it was all right for him to put up , the sign before he received the permit, inasmuch as he had his application in. He stated that the Building Inspector had told him that it was all right for him to 435 erect the sign, and that Mr. Longbottom had inspected the sign and said that it had been erected properly and was ' satisfactory. The Board decided not to press the matter further, and advised Ruzziero that the sign could remain where it was. The Board also decided to check the matter with the Building Inspector. Michael Merrizzo of Hillcrest Avenue appeared before the Board in regard to the Jannini property, which he Merrizzo occupies. He stated that he would be willing to pay bid on $500. for the property, and would advise the Board at a Jannini later date just how he could pay for the. property. It was property. the opinion of the Board that the offer should be accepted, and that the down payment should amount to either $200. or $250. Rose Whitney Smith appeared before the Board in regard to the suit which the Smiths have against the Town for damages to their property abutting Valley Road. She stated that she had come down to answer any questions which the Board wished to ask inasmuch as her husband was ill and unable to appear. She stated that the Smith family owned the whole width of Valley Road to and including the stone wall on the opposite side of the street. She stated that the lane was a Right of Way, and that the general public had always used it, but that they had Smith suit ' always maintained a "Private Way" sign at its entrance. Valley She stated that prior to the present layout, that there Road. were two lots abutting Bedford Street, and that some time ago Mr. Charles F. Smith had secured a down payment on the lots with the provision that he (Smith) obtained a permit for a gasoline station. The permit was not granted and the money was refunded. Mrs. Smith thought that the two lots should be in the business zone. She stated that the present road had broken into the two house lots, thus losing the value of them. She 'stated that the road did not improve her property on Valley Road, but if the value of the lots was allowed, or if the taxes were paid, that they might be satisfied. She stated that formerly they had two lots on Bedford Street, but now they had only one and part of another. She stated that the stone wall had a monetary as well as sentimental value to the Smith family.• She stated that there had been a tax title on the property for two years, and she was afraid that if the matter.werentt settled soon that they would lose the property. The Board advised Mrs. Smith that they could not make any decision on the matter inasmuch as it had been turned over to the Town Counsel. Mrs. Andrew N. Haskell of 4 Brandon Street came Haskell ' before the Board tc furnish information on an accident suit for which her husband had on that street. She stated that personal it was an unaccepted street where a sewer had been put injuries through, and that her husband had fallen on January 8, 1035, 436 cr breaking his arm in three places. He had a heart attack three weeks ago, and has not worked since the accident. The Beard advised her that the Town Counsel was handling the matter, and she requested that the , Board see that the case was settled as quickly as possible, as she was very badly in need of money. The Town Engineer and the Supt. of Public Works appeared before the Board on a discussion of the method of assessments for sewer betterments. The Town Engineer explained the present method. The Chairman asked why Sewer people having the same area in different,locations did Assessment. not have the same assessment. The answer was that the area served was not always the same, and that the unit cost per front foot for the year, for the length of sewer installed, differed. The Chairman asked why some of the Towns based their assessment on a square foot basis; and the Engineer stated that he thought that our method was much less complicated than that of Towns using the square foot method. The Chairman suggested that the price per linear foot per year be reduced.to square feet, and then i charge assessments on an area basis at so much a square-. s foot. There was general discussion on the suggetion,�- but no decision was reached. It was decided that no change would be made in Polley the present method, and that if the cost of the bbtterment sewer were a great deal more in one location than in another ' assessment. that nothing could be done about its Upon this decision, it was voted that no abatement might be made. upon the Polley assessment. The Supt. of Public Works reported that he had Short investigated the complaint of Alfred Short of Waltham complaint. Street on the condition of the brook running through his property. He stated that there was a great deal of refuse running in the brook, having been dumped there by the Federal Agents who raided the Ricci property. The Board advised Mr. Trask to write the Federal Agents regarding the matter. The Supt. of Public Works reported that Mr. Miskell Miskell of Concord Avenue complained that there was much more. complaint water on his property at the present time than there had ever been before, and that he believed the reason for the condition was the work that the town was doing on Clematis Brook. , The Board decided to view the property before making a.decision on the matter. The Supt. of Public Works reported that he had Wilsoh interviewed Walter Wilson with regard to the damages to Damages. his house caused by blasting on Pleasant Street. The main damage was to the wallpaper in one room, and it has ' been<impossible to iAatch the paper. Wilson stated that if he were allowed to pick out new paper and have the ' room repapered that he would be satisfied. The Supt. authorized him to proceed with having the work done, and his action was approved by the Board. 1 437 The Supt. of Public Works reported that a 6 x10 storm flag might be purchased for $6.50. He was authorized to Flag make the purchase. The storm flag is to be flown in for winter,• and the big flag in the summer, and no flag on Common. rainy days. The big flag is to be flown every holiday. The Supt. of Public Works reported that the new gaso- lene crane had arrived. The Supt. of Public Works reported that -the dam on Fottler Avenue was broken on Sunday morning, April 14th around 9:00 A.M. He had made inquiries, but had been unable to find out who had broken down the dam. - The Supt. of Public Works presented bids on tires•as follows: It was voted that the General Tire Company be given the business on the large tires, and that F. K. Johnson be given the business on the small tires, these companies being the low bidders. r New Crane Fottler Avenue dam. Bids on Tires. 30x5 52'x17 525x17 525x18 8 ply 6 ply Blaster Service StAtion 16.73 9.40 D. F. Ross 20.11 10.15 9.18 9.22 9.45 Colonial Garage Inc. 16.50 General Tire Co. 16.50 9.88 9.45 less 5% less 5% less 5' Harold B. Needham 15.66 8.69 8.96 j F. K. Johnson 23.65 10.50 8.68 less less 10-10-2 10 -10 - It was voted that the General Tire Company be given the business on the large tires, and that F. K. Johnson be given the business on the small tires, these companies being the low bidders. r New Crane Fottler Avenue dam. Bids on Tires. 438 The Supt. of Public Works presented bids on trees to be purchased for the Park Department, as follows: , Joseph Breck & Sons. 34 Rock (Sugar) Maples 10-12 ft. 1, to 2 in. caliper @ $2.00 each Bids on 24 Pin Oaks 10-12 ft., 11-2 in. @ 2,50 " Trees. 15 American Lindens 10-12 ft. - 11 to 2 in. calliper @ 2.00 " The Ferri Nurseries. 34 Rock Maples 12 in. 12 to 14 ft. 24 Pin Oaks 2 to 3 12 to 14 15 American Lindens 2 to 3 12 to 14 $2.50 ea. Less 5% in ten days. Joseph Breck & tions being the low bidder, it was voted to purchase the trees from that concern. The Supt. of Pub?-ic Works read a letter which he had received from the County Commissionerls office to the following effect: ' Ruling on "The Commissioners have decided this, year that any Chap. 90 Chapter 90 work in excess of $12,000. must be done by work. contract let to the lowest responsible bidder, the bids to be obtained in the usual manner through this Department". The Board felt that the Town of Lexington should protest this 4eaision, and instructed the Supt. of Public Works to write a letter to the followin& cities and towns urging them to fight this proposal: Lowell, Malden, Concord, Arlington, Belmont, Billerica, Chelmsford, Framingham, Hudson, Marlboro, Medford & Stoneham. The Supt. of Public Works read a letter from the Supt. of the Water Dept. stating that a hydrant on Mass. Avenue opposite Fottler Avenue had been struck by one Deane Damaged Morrison of New Hampshire, and that he thought that he hydrants. would be able to collect the damages from Morrison. The letter stated further that a hydrant on Mass. Avenue opposite Pleasant Street had been struck by a truck owned by H. E. Smith of Vaille Avenue, but that the truck carried insurance which would cover the damage done. Cliffe Ave. The Supt. of Public Works read a letter from the extension. Supt. of the Water Dept. recommending the extension of approximately 2501 of water main in Cliffe Avenue, the estimated cost to be $450.00, to tie in two dead ends. 1 It was ,_duly moved and seconded that the recommendation be approved. The Supt. of Public Works read a, letter from the Supt. of the Sewer Dept. stating that the Estate of J. C. Phelps had requested sewer service to the property on Camelia Place in the rear of 43 Bedford Street. The letter stated that at the time the sewer had been laid in Camelia Place that the assessments were being, made at the rate of 50¢ per front foot, and.he wished to be advised if the Board wished a charge of the old or the present rate made before the connection was made. The motion was duly made and seconded that the sewer assessment be charged at the rate established for the present year and paid in cash before the work was done. The Supt. of Public Works read a letter from the Health Inspector stating that the condition in Grassland Street was very -bad, that ashes,'tin cans, and other refuse is being dumped there. The letter listed names of four persons doing the dumping, and it was decided that the Health Inspector should get in touch with these persons and put a stop"to the nuisance. The Supt. of Public Works read a letter from the Health Inspector reporting on the condition of the Iovino ' property on James Street. The letter stated that the property was neat and clean and in good condition. The motion was duly made and,seconded that the report of the Health Inspector be approved. Upon recommendation of the Chairman, it was voted that the Supt. of Public Works be instructed to have an appropriate Police Box placed in the center of—the-Town. 439 Phelps - sewer assessment. Grassland Street nuisance. Report on Iovino property or James St. Police Box The Board voted to approve the action of the Supt. Extra of Public Works in securing the servicea of seven police- Police. men and one sergeant from Waltham for the 19th of April. A letter from the Secretary of the Board of Assessors was read stating that the property owners in the vicinity of the old concrete block plant on Webb Street were requesting that the valuation ori their properties be lowered due to the condition of the building. The plant now belongs tc the Lexington Savings Bank. The Chairman stated that he would talk with Mr. Worthen of the Bank to see if the property could be cleaned up. Complaint on con- crete block plant on Webb St. A letter was received from the Town Treasurer stating Sale of that the Lexington Trust Company had agreed to purchase the notes. 12,000.00 notes for point three one per cent discounted x(.31%). The notes will be dated April 10, 1935, payable ' July 10, 1935, at the rational Shawmut Bank, Boston. 440 U c� The following licenses were granted: Annie Baker,- 1741-3 Mass. Avenue - Overhanging , Sign. This license was granted subject to the approval of the Licenses. Building Inspector. Hyman Weiss, Lisbeth Street - Junk License. It was voted that the Junk License be granted to Mr. Weiss, and that the rate be fixed at $50.00 for this year. Letter was received from Neil McIntosh inquiring if McIntosh the Board wished him to place binders on insurance policies, Insurance one expiring on May 6th. It was voted not to take arty action on the McIntosh policy until April 30th. It was voted to have binders placed on policies Other issued through the following offices: Elmer A. Lord & policies. Co., George W. Taylor & Son, George H. Gibson,, and Edwin B. Worthen. The Chairman read a letter from the Aetna Life Bond on Insurance Co. stating that inasmuch as the PWA project 2066 2066 had been completed that it would not be necessary to have an amentnent made on the performance bond. Blasting The Board received a letter from Edward H. Mars damages to submitting a price of $205.35 for,repairing damages to the Blakley Blakely house on Bedford Street caused by damages. The ' house. motion was duly made and seconded that an offer of $110. be made to Dr. Blakely, with the understanding that the Town be given a release if the offer was accepted. Liquor The liquor licenses applied for by Adolph Labes of Licenses 35 Woburn Street and Max Berman of 12 Mass. Avenue were held over for one week. One bid of t840. and another of $750. were received Bids on on the Cahir property on Grove Street. The bid of Cahir $840. was made by Philip Pearson of Waltham, and the bid property. of $760. was made by Thomas Wright of Lexington. The motion was duly made and seconded that the offer of $840. be accepted provided Pearson planned to pay cash, but if he does not plan to pay cash, to sell the land to Wright if he agrees to pay cash. Letter was received from the Middlesex County S,4natorium recommending admittance of Christine Burbidge Christine of Butler Avenue to eith^r the Channing Home ih Brookline Burbidge, or Rutland, pending her admittance to the Middlesex T. B. Sanitorium. The Clerk reported that the girl preferred the Channing Home, inasmuch as it was nearer home, and she was expecting to be transferred to Middlesex shortly. The motion was duly made and seconded that Miss Burbidge ' be sent t.- the Channing Home pending her admittance to the Middlesex Sanitorium. 441 Application was received from the Edison Electric Illuminating Co. for permission to erect three poles on Pole Freemont Street, and it was duly moved and seconded that locations. the permit be granted. Letter was received from the Town Counsel stating that any expenditure by the Town for repairs to the side- walk in Depot Square was beyond the power of the town, due to the fact that the property belongs to the railroad. He stated that there probably would be no objection to a taking by the Town if no betterment were assessed and if certain land adjoining the station were reserved to the Railroad for taxi purposes, and he suggested that negotiations be begun with the Railroad to see what might be done. Mr. Trask reported that he had already begun negotiations with the railroad. Letter was received from Mr. A. N. Leman of the Board of Selectmen of Reading stating that a Bill was being filed with the Legislature to establish the Governorts Committee on Street and Highway Safety as a State Commission in order that the Commonwealth might continue to appropriate money for the work of the Committee. The Board felt that the Governor's Committee was all right, but was not in favor of establishing a State Commission at this time. ' Letter was received from the Mass. State Assoc. of Selectmen in reference to House Bills #799 and 1024 now before the house, but the Board voted to take no action on either. Letters of acceptance to review the 19th of April arade were received from Rep. Nelson B. Crosby and Rep. ollis N. Gott. It was voted.to invite those persons reviewing the parade with the Selectmen •to the dinner to be served in the Hancock -Church Parish House after the exercises at the Monument. Warrant for a special Town Meeting to be held on April 29th was signed. The following commitments were signed: Water Rates, $17.65 Miscelaneous Water, $132.56 Sewer Services $60.00 Depot Sq. sidewalk repairs. Committee on street and Highway Safety House Bills. 19th of April. Warrant Commitment: Water guaranty abatements amounting to $2451.17 were -Guaranty signed. abatements. Letter was received from the Town Counsel requesting the Board to authorize him to take up with the present ✓ ' owners of the land formerly owned by Donald Shea and Justin Shea adjoining the drain at East Lexington, the Shea case grant of a right to extend the existing drain to the brook at the expense of the town but without claim of 442 n damages from the owners. The motion was duly made and seconded that the request be approved. ' Mr. Wrightington stated that the Supreme Court had Shea affirmed the judgment of the Appellate Division in the case. law action, so that judgment would now be entered for the defendant in the damage case. Mr. Mitchell reported that Raymond E. McInnis of McInnis 576 Middle Street, who has been aided before, is now . aid. working on E.R.A. earning $12.00 a week. He recommended that McInnis be given aid to the amount of $8.00 a week, and the recommendation was approved. Sansever- Mr. Mitchell reported that Janero Sanseverino of ino aid. Lisbeth Street is working on E.R.A. and earning $12.00 a week, and he recommended aid to the amount of $3.00 a week, and this was approved. Sadie Langley of 803 Mass.Ave., who is working on Langley E.R.A. and earning $15.00.a week, requested that the letter. Board give her a letter stating that the Town.would aid her if E.R.A. work failed her, but the Board voted not to approve the request. Mr. Mitchell reported that Mrs. Carl Nelson is work - Nelson ing for Mrs. George Morey and receiving $8.00 per week. case. ger ex-husband is earning $12.00 a week, and is supposed to be contributing $10.00 a week toward his children, but that he had not been doing this. The Chairman stated that Mrs. Nelson had requested him to see what might be done about the matter. Mr. Mitchell was instructed to contact Mrs. Nelson and talk over the matter with her. Mr. Mitchell reported that Lexington has been given CCC Camp. a quota of two for the Citizen's Conservation Corps, these two to report Friday April 19th, at 9:00 A.M. He reported that Walter Dickersonts son of Valley Road, was going to report, but that the second person had not been selected. The meeting.adjourned at 11:45. A true.record,.Attest: Clerk. 1