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HomeMy WebLinkAbout1935-04-30 451 SELECTMEN 'S MEETING APRIL 30, 1935. A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town °ffice Building, at 7 30 P.M. Messrs. Ferguson, Gilereast and Potter were present. The Clerk was also present. Hearing was declared open at 8 00 P.M. on the application of Arthur M. Roberts for permission to maintain a three car Roberts garage of wood at Lot #38 Adams Street. Mr. Roberts garage appeared and presented plans of the garage. No persons hearing 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 application of Ivar D. Johnson for permission to maintain a one car garage of wood at Lot No. 43, Cherry Street. Mr. Johnson was not present at 8 05 P.M. , but a Mr . & Mrs. Victor Erickson of Taft Avenue were present. Mr. Erickson Johnson informed the Board that he would not object if the garage garage was to be built under the house , but that he would object hearing. if it was to be a separate building. Mr. & Mrs. Erickson then left the meeting . Mr. Johnson appeared directly after and presented plans of the garage, showing that it was to be constructed under the house. It was voted to grant the permit subject to the approval of the Building Inspector and provided that the garage is located under the house. Letter was received from Louis Palermo of 225 Chelsea Street, East Boston in which he made an offer of $500. for Sale of the Angelo Jannini property on Hillcrest Avenue, and Jannini stating that he was depositing $150. down. It was duly property. moved and seconded that the Jannini property on Hillcrest Avenue be sold to Louis Palermo for the sum of $500., down payment of $150.00, and the balance to be paid in two years. The matter of the mortgage is to be arranged with the Town Counsel. Letter was received from Philip K. Pearson of 48 Trapelo Road, Waltham, in which he stated that he was enclosing Sale of money order for $25. as a deposit against his offer of dahir April 16th in the amount of $840,00 for the Cahir property property on Grove Street, and that he would have the balance on hand when the deed was ready. It was duly moved and seconded that the Cahir property on Grove Street be sold to Philip K. Pearson for the sum of $840.00, the deed to be drawn up by the Town Counsel. Letter was received from Mary F. Carroll of 676 Waltham Letter Street extending thanks for the relocation of the street of light near her home. thanks. 452 ul Letter Letter was received from Archie R. Giroux, President CD of of the Belfry Club, extending thanks for the use of Cary thanks. Memorial Hall on Saturday evening, April 20th. Letter was received from Woodbury M. Philbrook in regard to his water guaranty account. Mr. Philbrook stated that he had received a letter from Mr. Wrightington in regard to the unpaid account. He stated that when he Philbrook incurred the indebtedness he was assured that the cost would guaranty. be $6.25 yearly, but that it had cost much more than that. Mr. Philbrook stated that he is now working ,as a janitor at the Franklin School, and that, because of low wages and the fact that he had received a 15% wage cut, he had been unable to pay the guaranty. He stated that inasmuch as he also anticipated return of 72% of his wage cut in July, he could offer to pay $1.00 weekly on the account until it was settled. The Board felt that as nothing had been paid on the account since 1928, which was previous to the 15% reduction in salaries, that it did not wish to accept the proposition of paying $1.00 weekly after July 1st, and voted to advise Mr. Philbrook to make some other arrangement for paying the outstanding charges as soon as possible. Letter was received from the State Department of Public Health to the effect that Mrs. John Yanushkis of Yanushkis 17/19 Curve Street reported that the property of Robert complaint Brown of 15 Curve Street was not connected with the public sewer and that sewerage from the Brown's cesspool was flowing onto her property. The State Board of Health had advised Mrs. Yanushkis that the matter was under the jurisdiction of the local Board of Health. Letter was received from the health Inspector advising the Board that he had investigated the nuisance and found that the cesspool was not running over and that there was no odor. He stated that the party making the complaint was nnr eliable and had troizble With all the neighbors. The Board felt that inasmuch as there was no nuisance it would take no action in the matter. Letter was received from the State Board of Health Diphtheria recommending that the local Board of Health advise the immuniza- parents of ihildren who have attained the age of six months tion. to immunize the children against diphtheria, and the Board voted to approve the recommendation and adopt the practice. Needham Letter was received from Mr. Harold B . Needham of Water 40 Fern Street in regard to a letter he had received Guaranty from the Town Counsel on his unpaid water guaranty account on the East Lexington Farms extension. The letter was read by the Chairman, and the Board voted to hold the matter over for one week. 453 Letter was received from the Supt. of Public Works in regard to the claim made by Mr. Needham last Tuesday evening Moreland that water mains were laid in Moreland Avenue without author- Avenue ity from the Town, and the Supt. reported that at a special water meeting held October 6, 1924, under Article 5, it was voted mains. that water mains be installed in Moreland Avenue along with other named streets and that the vote was unanimous. Letter was received from the Town Counsel in regard to the case of George F. Smith vs. the Town of Lexington in which he stated that there was a difficulty in carrying out the proposed settlement. This difficulty is that there is no authority to abate an assessment of taxes after Smith vs. a tax sale. In view of this fact, the Board voted to Town. rescind the vote of April 23 authorizing Mr. Wrightington to offer to abate the taxes and the assessments, and the Board then voted to authorize the Town Counsel to abate the betterment assessments and to proceed with negotiations on the settlement of the case on this basis, and if settlement could not be made, to instruct him to take the necessary legal action. Letter was received from the Town Counsel calling the Board's attention to the following statutes which are in the advance sheets of the Acts and Resolves of the Legis- lature for the current year. Ch. 87, an act relative to the appointment of a local superintendent for the suppression of gypsy ands browntail moths. New Ch. 90, authorizing a town by a two-thirds vote to Statutes. appropriate money as a general unemployment relief fund. Ch. 102, changing the date of expiration of inn-holder's and common victualler's licenses to December 31 instead of April 30. Ch. 106, authorizing towns to insure against loss members of police and fire departments. This relates to a matter concerning which the Selectmen asked his opinion last fall, and the statute now permits towns to pay for liability insurance protecting the individual members of police and fire departments. Letter was received from Mr. C. R. Joy of 627 Mass- achusetts Avenue, B. Lexington, in regard to a fence being Joy erected on his boundary line. Mr. Joy stated that several complaint years ago money was appropriated to build a fence but that on nothing had been done on the matter. He stated that fence. two years ago in order to straighten out the line, he deeded some land to the town on the understanding that the fence would be built, but that in spite of the fact and the constant complaints, nothing had been done and the result II was that the public was using his property as a thorough- fare to get to the playground causing much damage to his property. Mr. Joy felt he was entitled to some protection and 454 cdo asked that the Board take proper steps to have a fence erected. It was voted to instruct the Supt. of Public Works to obtain information as to what the fence would cost and when the information was received, that a letter be written to Mr. Joy offering to pay one-half of the cost of erecting the fence. New The Town Engineer submitted a plan of the Route 128 Route proposed, on which was shown two proposed lay outs, and it 128. was noted that it would probably be a year or two before the road would be constructed through Lexington. The Supt. of Public Works reported on the health Complaint condition at the Boynton property at 32 Sylvia Street. Boynton A complaint had been received in regard to the surface property water which was draining from the junk yard down Sylvia Street. The Supt. reported that Mr. Boynton had built a drain across his own land which was carrying the water to and under the street. The Supt. said the water was not a health menace and that the place was cleaner than it had ever been before. The Building Inspector advised the Board at its Boynton last meeting that Leo Boynton had violated the Building shack. Laws by adding a shack to the present building on his property at 32 Sylvia Street and the Board advised him at that time to proceed to do his duty in the case. The Board voted to instruct the Superintendent of Public Works to find out whether the Building Inspector had carried out his instructions. Check on The Supt. of Public Works reported that a check in Standpipe. the amount of $7,000. covering partial payment on the standpipe project had been received. Shade on The Supt. of Public Works read a letter from the light. Edison Elec. Ill. Co. stating that a shade had been placed on the pole 57/48, thus properly shading the house at 840 Mass. Ave. Lexington The Supt. of Public Works said that he had received Citizens an application from the Lexington Citizens Club for the Club,use use of Estabrook Hall on May 6 and monthly thereafter. of Esta- It was moved and seconded that the Hall be let for brook Hall. May 6th at the rate of $2.00, but that the Supt. of Public Works investigate the Lexington Citizens Club and report to the Board before permission to use the Hall is granted again. V.F.W., The Supt. of Public Works advised the Board that Use of the Veterans of Foreign Wars had requested the use of Cary Hall Cary Hall, free of charge, on May 10th for a dance, the procedis of which are to go to charity. It was duly moved and seconded that the permit be granted. 455 Supt. of Public Works reported that the Lexington Lexington Aviation Club had requested the use of Cary Hall on Aviation May 8th and that he had advised the Club that the rate Club, use would be $25.00. The Board voted to allow the Lexington of Cary Aviation Club to use the Cary Hall at the stipulated rate. Hall. The Supt. of Public Works reported that the County Commissioners had requested that the Park Commissioners of Taking, the Town of Lexington authorize them to make the necessary Bowman land taking Bowman on Park in connection with the relocation Park. and rebuilding of Watertown Street, and it was voted that the Board of Selectmen, acting as Park Commissioners, authorize the County Commissioners to make the taking. The Town Engineer reported informally that the County Commissioners had approved the relocation of Watertown Watertown Street rather than the re-aligning of the street. The Street. Town Engineer also stated that the County would like a statement from the Board as to what it might expect in the way of damage claims. The Board felt that the only claim that might be made would be on the part of Mrs. Hatch, but decided not to make any inquiries of Mrs. Hatch in regard to the matter but to let her make the initial move. The Supt. of Public Works reported that the members Parking in of the Baptist Church were using the entrance to the Cary Cary Hall Memorial Building for parking purposes. It was voted driveway. that the Chairman of the Board would write a letter to the Baptist Church requesting no parking in the driveway, but to advise the church that the rear of the Hall might be used for parking purposes. It was voted to authorize the Chairman to open the Safe safe deposit vault in case of an emergency in the presence Deposit of some official of the Bank. Vault Supt. of Public Works read a letter from the Supt. of the Water and Sewer Dept. in which the Supt. stated that on Jan. 4 he had written a letter to Mr. Scamman Water and and Mr. Paxton requesting that his department be notified sewer of any street work to be done during the coming year, so constructxn that any water or sewer extenbions might be made in advance of the street construction. He stated that it was not until the Town Meeting that he was notified that there was to be reconstruction of Pleasant Street. Shortly after that he made his recommendation on the extension of the sewer to serve Follen Road. In his letter, the Supt. of Sewer Dept. advised Completion Mr. Trask that on February 4 he had written a letter addressed of to the Board of Selectmen advising that the trunk line Sewer sewer had been completed. .�otket. 456 Un Letter was received from the Supt. of Public Works Public stating that the Town was covered as far as property Liability damage was concerned in all departments except the Park Insurance, and Public Works Departments. The letter stated that Dynamite. this did not include the use of dynamite but covered any other work which was possible in the department. It stated further that the Town was completely covered in all departments under the Workman's Compensation Act, and that this included the use of dynamite by an employee engaged in work under any department of the Town for any purpose. Mr. Trask stated that the cost of property damage for the use of dynamite for all departments in the Town would cost approximately $558. a year and it was felt that this would be too expensive. Exit, Stone Supt. of Public Works advised the Board that the Building. State Fire Marshall disapproved of the outside exit for the Stone Building which the Board had suggested. Rewiring Supt. of Public Works reported that it would cost of approximately $500. to rewire the Stone Building. Stone Bldg. It was voted that the matter be laid on the table until such time as the bids on the alterations were taken. Supt. of Public Works reported that he had been Powell investigating the complaint on Goldie Powell property Nuisance. on Burlington Street. He stated that he did not believe that Miss Powell kept more than one pig, but that she had several cords of manure piled in the yard which gave forth a very bad odor. Inasmuch as this is a residential district, it was voted to send a Board of Health Order to have the nuisance abated. Surety Surety Bonds in the amount of $500. each for the Bonds. Building and Plumbing Inspectors and for $1,000. for the Clerk of the Board were approved, and it was voted that the bills for same be paid. Letter was received from the Town Counsel in regard Garvin to the case of Minnie Garvin, vs. the Town efd five former case. Selectmen stating that judgment had been entered for all the defendents without costs, this being the result of an agreement after numerous conferences with the trial judge and after partial presentation of the plaintiff's evidence. It was voted to rescind that portion of the vote of New vote the Board of April 16th, 1935, relating to the acceptance on purchase of the bid of F. K. Johnson for small tires. It was of tires. then voted that the General Tire Company be given the tusiness of the large tires and the Colonial Garage be given the business of the small tires, these companies being the low bidders. 457 The Chairman advised the members of the Board that Approval of the Hoard' s recommendation of Mr. Waldo F. Glidden as Mr. Glidden. local E.R.A. Administrator had been approved by the State Administrator. The Clerk advised the Board that an insurance policy in the amount of $10,000. which had been placed through Insurance the office of Reil. McIntosh expired on May 6th. expiration It was voted not to place it through the same agent, but to place it through the office of Elmer A. Lord & Co. on a binder. The report of the perambulations of the Waltham, Perambula- Belmont, and Lexington Town Lines were noted and approved tions. by the Board. The following licenses were granted: James J. McGann, 120 Woburn Street Public Carriage. Walter J. Rose, 6 Tewksbury Street John W. Leary, 23 Waltham Street " " Licenses William Viano, 1494 Mass. Avenue Theatre Granted. Chester A. Fogg, Woburn Street To Keep Swine Sarah Berman, 22 Mass. Avenue Sunday Sales Frank Mara, 856 Mass. Avenue n n William Viano, 1494 Mass. Avenue Overhanging Sign Waverley Hardware Co., 1756 Mass. Ave. Don ream, 1734 Mass. Ave. n n Edgar J. Thivierge, 1752 Mass. Ave. n rr Overhanging Sign Licenses were granted subject to the approval of the Building Inspector. Application for a Victualler's License was received Grafe ap- from Alice F. Grafe for the stand "On the Bend" on Marrett plication Road. Inasmuch as the Board of Health had received a for 1/610iare complaint because of the fact that there are no toilet Victuallers facilities on the property, it was voted to hold up the License. license until proper toilet facilities have been installed. Application for a Victualler's License was received Moore Ap- from Harold R. Moore of Lynn to operate the stand at the plication corner of Marrett Road and Waltham Street. A letter of for Common recommendation accompanied the application. The letter Victuallers was from the Supt. of the Eastern Mass . Street Railway License. Co. and recommended Mr. Moore very highly. It was decided however, not to grant the license until the Chief of Police had made investigation of the man's character. Supt. of Public Works read a letter which he had A. Ross & received from Anthony Ross & Son stating that the Town Son, Out- owed bills to the concern in the amount of *908.60 and standing that the bills had been outstanding since 1930. The bills. letter stated that Mr. Scamman had made the following payments in cash: 458 Crl DO t0 CZ July 27, 1932 $200.00 September 19, 1932 100.00 October 21, 1932 50.00 November 6, 1933 50.00 Total $400.00 The total bill had amounted to $1308.60 and after deducting cash payments, the amount now due was $908.60. The Bid discussed the matter and came to the con- clusion that the work had been done prior to the term of office of all members of the present Board; that because of this fact no member of the present Board could state definitely that the work had been done nor who contracted for it inasmuch as there was no record of it in the Selectmen's_. Records. Because of these facts, the Board voted to take no action in regard to the bills. Milk The analyses of milk samples submitted by the ,samples. Lexington Milk Dealers was noted. Mr. William H. Ballard, the Engineer, and the Supt. of Public Works appeared before the Board in regard to the taking of the Kinneen property. The Town Engineer submitted a plan showing a new taking and Mr. Ballard stated that the taking as shown on the plan was satisfactory to Mr. Kinneen. The plan sh6wed two Kinneen proposed streets and Mr. Ballard suggested that a Board Taking. of Survey Lay Out be made, and the Board voted to take appropriate steps to have the requested Board of Survey lay out made.ll It was suggested that the Town Engineer talk with the Planning Board in regard to the proposed streets. It was agreed that the Town would purchase the property as of March 31st, 1935, and the Board voted to request the Town Counsel to adjust the taxes, etc. , from that date and also to obtain from the bank a release with a description of the new taking. Mr. Mitchell, Welfare Agent, appeared before the Beard Grant with regard to the case of Warren S. Grant of Farmcrest Aid. Avenue. Mr. Mitchell stated that Mr. Grant was now working on E.R.A. earning $12. a week and that the H. 0. L. Corp. had a mortgage on the property. The interest on the mortgage amounts to $15.97 per month. Mr. Mitchell ecommended that Grant be allowed supplementary aid in the amount of $16. per month to take care of the interest, and it was duly moved and seconded that the recommendation be approved. The Chairman reported that Carl Nelson had telephoned him stating that he had been injured three weeks previous Nelson while working on an E.E.A. project and had not received injury any money since he was injured. He requested that some 459 action be taken on this case. The ChairOan requested Mr. Mitchell to investigate the matter, and to report lit the next ieeting of the Board. The meeting adjourned at 10:42 P.M. A true record, Attest: Clerk.