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1935-04-23
443 SELECTMEN IS:MEETING 1 APRIL 23, 1935. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town offices, at 7:30 P.M. Messrs. Ferguson, Lyons, Gilcreast and 'otter were present. The Clerk was -also present. Hearing was declared open at 8:00 P.M. on the application of the Carrigan Construction Co. for permission to maintain Carrigan a one car garage of cement block construction under a house Garage at Lots 91 and pt. of 92, section 2, Farmhurst (28.3 Marrett Applicaticn. Road). Mr. B. F. Selfridge 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. Hearing was declared open at 8:05 P.M. on the Hultman application of Mrs. Johanna Hultman for permission to Garage maintain a one car garage to be constructed under the house applica- at 246 Lincoln Street. Mrs. Hultman appeared and present- tion. ed 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. The Board of Assessors appeared before the Board and Tax Rate ' established the tax rate of $33. for 1935. The Chairman for of the Board of Assessors stated that Mr. C. W. Ryder had 1935. been given an abatement of approximately $800. on his taxes in the past two years (each year}, and the Board did not feel that he should be given an abatement this year, and that he could bring the matter before the Board of Tax Appeals if he wished. The Board of Selectmen agreed with the Board of Assessors in the matter. Mr. Clyde E. Steeves requested the Board to have a Police police officer on duty on Mass. Ave. in front of the Officer, Baptist Church on Sundays from 11:45 A.M. to 12:00 Noon,. Baptist and from 1:15 P.M. to 1:30 P.M. The request was approved. Church Mr. Harold B. Needham appeared before the Board in regard to a letter he had received from the Town Counsel Needham on his outstanding water guaranty for East Lexington Farms. Water Mr. Needham stated that shortly after the water main was Guaranty extended that he sold the property, and had a verbal agreement with the man that bought the,property that he would assume the water guaranty, but the man died a short while after. He stated that he was not the owner of the property, that his wife was, but that he signed the bond. He also stated that there was no appropriation covering this extension, that no easements had been taken, and that the Town had no right to extend the main. Mr. Lyons asked 1 Mr. Needham to'agree that he signed the bond, and that therefore he was the one who made the contract with the Town 444 n and was the one really responsible for the bill. Mr. Needham agreed with this, but thought the Town should give him some consideration under the circumstances. ' He said that his bond stated.that he was not to pay in excess of $10.00 per year, and that the second year Needham that he received a bill over this amount, and that he Water brought the bill in to the Department and it was adjusted. Guaranty. The next year when he received his bill, he had sold the property, and came in and told Mr. Scamman, Supt. of Public Works, his story. Mr. Scamman told him to forget the hill, and that he would take care of it. The next year, he also received a bill, and again came in to see Mr. Scamman, and was told the same thing. Every year since, however, he has received a bill. He said Mr. Scamman deft him with the impression that he would not have to pay the bill. He said that he was willing to stake an offer to pay part of the bill, and would send it in later. The Board suggested that he do this, and nothing further was done in the matter. Mr. Fred Longbottom, who accompanied Mr. Needham, said Longbottom that he also owed a guaranty, and that his story was Water essentially the same as Air. Needhamts. He,stated that he Guaranty. had written a letter to the Water Dept. in 1932, offering to settle the bill for $50.00, but that he had not received a reply to his letter. The Board stated that it would take both matters under ' advisement. The Building Inspector advised the Board that Leo Bornstein Bornstein of Sylvia Street had added a shack onto a-gaaage chack on his land, thus violating the Building and Zoning Laws. He was advised to write the Town Counsel and tell him that the Board had instructed him to proceed to prosecute, and furnish the Board with a copy of the letter. Mr. Eugene Morgan, architect, presented plans of the Stone Stone Building, showing proposed exit. The Board Building. suggested changing the location of the exit, and Mr. Morgan stated that he would take up the matter with the State Fire Marshall to see if he would agree to the change, and report his findings to the Supt. of Public Works. Mr. Roland Garman appeared before the Board and extended an invitation for the Board to attend an E.R.A. V.F.W. vaudeville show to be presented on May 1, 1935, under the Invitation. auspices of the Veterans of Foreign•Wars. Mr. Garman informed the Board that Mr. dames E. VanZandt, the Commander - in -Chief of the V. F. W. would be present on this occasion, and he would like a member of the Board to officially greet Mr. VanZandt in the name of the Town of Lexington. The invitation was accepted, and the Board thanked Mr. Garman for the invitation. 445 The following permits were granted: ' -- Permits E.L. Child, 1775 Massachusetts Avenue Overhanging Sign granted. Town. Paint & Supply Co., 1749 Mass. Ave. n n Liggett Drug Co, 1721 Mass. Ave. ". The Liggett Drug Co. Permit was granted subject to the filing of an insurance bond, and all were granted subject to the approval of the Building Inspector. Letter was received.from Mr. Everett S. Emery which Turn - stated that he had been advised that the Board of Survey around, had redrawn the lines for Belfry Terrace and the proposed Belfry, turn -around, so that the width of a piece of land which Terrace Mr. Roger Greeley and Mr. Waldo Glidden wished to purchase at the rear southwest corner of the Hancock Church ,property was increased about 11 or 12 feet. Inasmuch as the Board of Survey has made no change in the layout and it was approved as submitted by Mr. Greeley, it was decided to write Mr. Emery and advise him of the fact. The following Special Police Officer was appointed to Special hold office until April 1, 1936: Police. Charles Brenton - 13 Fletcher Avenue. Letter was received from the Mass. Safety Council inviting the Town of Lexington to be represented at the Highway sessions. ' highway sessions to be held on Tuesday, May 7th, particularly at meeting No. 11 and the noon luncheon, and the General Highway Session at 2:00 P.M. The letter did not state where the sessions were to be held, and the Clerk was instructed to obtain a program. When the program is received, the matter will be again taken up. Letter was received from Elsie Dalrymple of 2938 Application Mass. Avenue stating that she would like to be considered for an applicant for a position in the Town Offices should a position. vacancy occur. The Board voted to place the'application on file. The Board again took up the matter of the letter from the Town Counsel, in which he requested the Board to Offer of advise him what reply they wished him to make to Mr. settlement Harry F. R. Dolan, attorney for.George T. Smith in his Smith case against the Town on the Valley Road damages. Mi. case.; Dolan had suggested that his client might settle the case if an aba#ement could be granted of arrears of taxes amounting to $999.52 and an abatement of the betterment assessments amounting to $292.62, plus payment of a counsel fee and expenses estimated at $175.00. The Board voted to authorize Mr. Wrightington to offer to abate the taxes and 1 the assessments, but not to offer to pay the counsel fee of $175.00. M, , Damages to Archibald car. Charges against Officer Smith. Letter was received from W. C. Archibald of 16 Vaille Avenue, ; Lexington stating that ori; April, 6,_ -1935r whey., bt�- ing into .the :curb, at Mass. Ave. im .front of the A. *3P. store 1n Lexington Qenter; he struck the. sign post which was` outside the curb. He thought thsat_inasmuch as the sign post was outside thecurbrather than inside, as all sign posts should be, that the Town should pay for the damae done to his mudguard. He had been given a price of MOP for straightening and repainting the fender. The Board voted to authorize Bir. Archibald to have the repairing done and to bill the Town for the cost of same. Letter was received from dames J. Sullivan, Chief of Police, calling the attention of the Board to a violation. of Rule 7, A. & G., of the Rules and Regulations of the Police Dent. by Patrolman George E. Smith. On April 19th, this officer, while on duty, did partake of intoxicating liquors insofar as he was unable to properly perform his duties as a Police Officer. The Chairman stated that ' several verbal complaints had been received in regard to Smith's actions on that day, and that the officer had to be sent home. It was decided that Officer Smith should be given a hearing, accordingly Sergeant Rycroft was instructed to bring Chief Sullivan and Officer Smith before the Board. Chief Sullivan reported that he and the other Police Officers were eating lunch in the Arcade Lunchroom on the holiday and that when Officer Smith appeared he was obviously under the influence of liquor, and that he was boisterous. The Chief stated that he had never seen Smith in a like condition before. Mr. Lyons asked whether or not Smith was a satisfactory police officer, and the Chief stated that he had never had any complaints, but that he had not made many arrests. Officer Smith appeared,.and the Chairman advised him of the charges which the Chief had preferred against him, and asked him if he wished to say anything. Smith said he really did not have anything to say to defend himself, excepting that he had had a bad cold the week preceding the holiday. He had gone down to Mr. Lyons' house and had two drinks, and then gone direct to the lunchrooto. He thought that his resistance was lowered on account of his cold, and that the two drinks affected him immediately. Mr. Ferguson asked him if he made a practice of drinking while on duty, and Smith answered that he did not. Mr. Lyons asked him if he admitted that h6 was under the influence, and Smith stated that it probably amounted to that. He could not account for the affect the drinks had on him. Mr. -Smith. -stated that he had nothing further to say, thanked the Board, and left. Mr. Lyons asked the Chief if he had noticed that Smith hada cold, and the Chief stated that he noticed it the day after the holiday, but not before that. The Board asked the Chief if he had any recommendation to make, and he replied that he did not. The Chief then thanked the Board and left. The Chairman made the motion that Officer Smith be. I n . suspended two weeks without pay. The motion was not ' seconded. The motion was made by Mr. Potter and seconded by Mr. Gilcreast that Officer Smith be suspended ten days without pay for being intoxicated on the 19th of April while on duty. Mr. Lyons did not vote on the matter. The motion was made by Mr. Gilcreast and seconded by Mr. Potter that dues be paid to the County Selectments Association for the four members of the Board. The Board signed George W. Beants license for Golf Driving Range for the following Sundays: May 5th, 12th, 19th, and 26th. 447 Dues for Selectmen's Assoc. Driving Range License. The reports of the perambulation of the Woburn, Lincoln, Winchester, and Arlington Town Bounds were read, and the Perambula- discrepancies in the bounds were noted. It was voted to tions. authorize the Supt. of Public Works to have the bounds put in the proper repair. The following water liens Smith, Edith C. Dale, Thomas George Morris, Millicent Lennon, Edgard J. ' Kelly, James H. Weisinger, Grace Belcastro, Joseph Kinneen, Peter J. were signed: Marrett Road, Lexington Cedar Street, u Gleason Rd. tt Cedar St., Marrett Road, " Avon Street, a Marrett Road, " Burlington St., " Water Liens The Supt. of Public Works reported that he had written Chapter 90 to several cities and towns in regard to the ruling on the Work. Chapter 90 work, and that he had had replies from several stating that they agreed with the Town of Lexington that some objection should be made. The Supt. of Public Works reported that he had Standpipe received a letter from Edith Nourse Rogers stating that Payment. Payment on the Standpipe PWA roject would probably be made this Wednesday (April 245 and that it would be made next week if it was not possible to get it in this week. The Supt. of Public Works reported that the hydrant Hydrant on on Mass. Avenue opposite pleasant Street had been. struck Mass. by one Deane Morrison of North Weare, New Hampshire who Ate.. had written the Water Dept. stating that he would pay for repairs to the hydrant and guard. Mr. Trask turned over to the Board a letter from Agnes Pewtherer of Woburn Street which was addressed to the ERA. Miss Pewtherer applied to have her truck put to work on ERA and Welfare deliveries, and the Board instructed the Supt. of Public Works to write the woman and state that the Town will be pleased to hire a truck at the rate of $3.00 per day, Pewtherer Truck. 448 CID The Supt. of Public Works read a letter from the ' Supt. of the Water Department stating that each year he Water from has several requests from persons doing spraying and hydrants. tree Work for the use of water from hydrants, and the Supt. recommended that this practice be stopped because the hydrants might be damaged and because the water usually become stirred up and complaints were received. The recommendation was approved. The Supt. of Public Works reported that the Supt. Follen Rd. of the Sewer Dept. had recommended that, prior to the Sewer. construction of Pleasant Street, that the sewer be extended for a distance of 200 feet in Pollen Road, 350 feet in Pleasant Street, and 70 feet from Mass. Avnue to the point where the two sewer lines intersect, a total distance of 620 feet. No appropriation for these extensions was made, and the Selectmen did not consider it an emergency measure, and the recommendation was not approved. V.F.W. use Application was received from the Veterans of Foreign of Cary Wars for the use of Cary Hall on May 1, 1935 free of Hall. charge for an ERA vaudeville show and patriotic meet- ing. The application was approved. Outlook The Chairman stated that the Outlook Club had Club, use applied verbally for the use of Estabrook Hall nhe of Estabrook afternoon each in the months of'Oetober, November, and Hall. December for the purpose of delivering lectures on current events. It was voted to allow the Club to have the use of the Hall at the minimum charge of $2.00 per afternoon. Health, The Health Inspector reported that he had invests died 201 Mass,. the Palladino property .at #201 Mass. Avenue and found It Ave. to be in a very unsightly condition. The owner has promised to clean up the place this week. The Health Inspector reported that he had called Health, on Goldie Powell on Burlington Street, but did not find Goldie a bad health condition. He reported that Miss Powell Powell. keeps one pig, and that she has some manure which is piled up near a stone wall which has not been touched this year, and which she is waiting for -`someone to take away. He reported no odor from the manure. Mr. Trask stated that Mr. Morey of No. Hancock Street reported a bad odor, and that Morey did not expect an adverse report from the Health Inspettbr anyway. Mr. Trask --was instructed to investigate the property and make a report. mr, The Health Inspector reported that he had visited Health several places in town and had told the owners to clean Inspector them up and take tin cans, refuse, etc. to the public dump, Report. and that he had had verygood cooperation. The Supt. of Public reported that the copped letters Letters on the flagpole at the Common were worn on the edges, and on the letters would have to be cut down if the same ones were Blagpole to be used. He recommended that new letters be purchased at a probable cost of $25. or $90.,'and also recommended. two new braces, and his recommendations were approved.. The Supt. of Public Works requested approval of the Adding Board of the urchase of a new electric adding machine Machine. at a'cost of V26.00. Therequest was approved. This adding machine is for the use of the Public Welfare Dept. The Supt. of Public Works reported that he had picked up twenty-five tires at the Public Works Building which had been stone bruised and had sent them in to the General Tire Company to be repaired at a cost of $5. apiece. Because of this saving it will be necessary to buy'very few large tires this year, as most of the twenty-five tires were large ones. The Supt. of Public Works reported that Mr. Peter Kinneen of Burlington Street had been in, and was perfectly satisfied to allow the new street to be built between his house and the property that the Town proposes to buy, and that he would be agreeable to have the arrangement go through as the Town Engineer had laid it out. It was decided to have Mr. Ballard, who represents Mr. Kinneen, come before the Board next Tuesday night on the matter. Repairs tc tires. Kinneen property The Wupt. of Public Works reported that the ivy on -i Ivy at the: f'.ront bide of the' Library wa* in a very bade.°o©ndit3lon, Library. and'he'recommended that it be taken down and new ivy plants set in. The Board did not take any action on the matter. The Supt. of Public Works stated;:that W. I. Philbrook of Grassland Street had informed him that he could not Philbrook pay the total amount of his outstanding guaranty at the guaranty. present time, but that he would pay $1.00 a week on it. The motion was duly made and seconded that the bond Supt. Pub - of the Supt. of Public Works in the amount of $1,000. be lic Works approved. Bond. The Supt. of Public Forks reported that the new ' gasoline shovel was now on the job. He said that Frank Gasoline Perkins was interested in learning how to run the machine, Machine. as was Frederick Malloney. Mr. Trask suggested that both men be employed three days a week by the_ EFA, so that the Mr. Mitchell reported that William Meadows was Meadows through on Pleasant Street; and that he had been paid aid. $6.00 per week before going to work on that job, and he recommended that he be allowed supplementary aid not to exceed $6.00 per week. The recommendation was approved. Mr. Mitchell reported that Arthur Webber of Mass. Arthur Avenue had been taken to the Peter Bent Brigham Hospital Webber with a brain tumor on Tuesday morning, April 23rd. The meeting was adjourned at 11:40 P.M. A true record, -'Attest:- Clerk.. 1 shovel will be working full time. Mr. Trask said that the machine needed a new cable, and that he had instructed a machine expert to look over the machine and make a report of necessary repairs. He had instructed Frank Perkins to tune up the machine. Selling The Chairman reported that Louis Yeager had advised Tax Titles. him that he would be willing to,pay approximately $800. cash for lots 1 and 2 on Brigham Road, but that he would semi in a written bid. The motion was made and seconded that the lots be sold for the amount outstanding for taxes plus interest. Hgrris Mr. Mitchell recommended that Joseph S. Harris of Aid. Woburn Street be allowed $3.00 per week supplementary aid in addition to the money earned on SRA, and the recommend- ation was.approved. Mr. Mitchell reported that James F. Kelly of Marrett Kelly Road, who has a Lexington settlement, had had.an accident Aid. on March 9th at the corner of Hanover and Washington Streets in Boston and had been taken to the Haymarket Relief Hospital, and then to the Symmes Hospital. He sustained a bad sprain and a clot of blood on his knee. Mr. Kelly has been allowed a $3.00 grocery order, and Mr. Mitchell recommended that he be allowed $6.00 per week, and the recommendation was approved. Mr. Mitchell reported that William Meadows was Meadows through on Pleasant Street; and that he had been paid aid. $6.00 per week before going to work on that job, and he recommended that he be allowed supplementary aid not to exceed $6.00 per week. The recommendation was approved. Mr. Mitchell reported that Arthur Webber of Mass. Arthur Avenue had been taken to the Peter Bent Brigham Hospital Webber with a brain tumor on Tuesday morning, April 23rd. The meeting was adjourned at 11:40 P.M. A true record, -'Attest:- Clerk.. 1