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HomeMy WebLinkAbout1935-05-14472 SELECTMENIS MEETING. MAY 14, 1935. 1 u A regular meeting of the Board of Selectmen was held in the Selectmen's 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 application Hyde of Alice C. Hyde for permission to maintain a two car gar- G4rage age of second class construction at 22 Forest Street. The Hearing. Board received a letter of objection from Amy A. Currier and Daisy L. Hartwell, and advised Mrs. Hyde that for this reason it would like t8 look over the property before granting the application. It was voted that the Board would look over the Hyde property on Thursday evehing, May 16th at 7:30 P.M. At 8:05 P.M. bids were opened on the loan of $20,000. for Water Construction purposes. Bids were received as follows: Estabrook & Company 100.436 1� Bids on Blythe & Company 100.062 11% $20,000. Merchants Nat. Bank 100.01 11% Loan. Faxon Gade Co. 100 06 li% Newton, Abbe Co. 100.016 1 Bond, Judge & Co. 100.23 l§ Lexington Trust Co. 100. 1 11% Tyler, Buttrick & Co. 100.03 The loan is to be payable $4,000. each year. It was voted to approve the award of the bid by the Town Treasurer to Tyler B uttrick Co., Inc., at their bid of 100.03, 11%. Yr. Harry J. Grafe, proprietor of the stand "On the Bebd", appeared before the Board to discuss sanitary con- ditions at hid stand. Mr. Grafe stated that he thought that the toilet facilities were adequate, and that he could Grafe, not understand why the Board was asking him to improve them Sanitary now when they had evidently been considered adequate for conditions. the past six years. He thought that the reason that his neighbor, Mr. Edward Montgomery, had complainted was just to make more trouble for him, as there had been trouble between the two ever since Grafe had,buiit the stand. The Chairman informed Mr. Grafe that the complainant stated that the place was a nuisance. He inquired of Grafe if he knew whether or not the State Laws required separate toilet facilities for men and women, and Grafe stated that he had been unable to find anything in the law requiring this. The Board decided to look over the property, see the conditions, and decide if the facilities were adequate.. 1 u 473 The Town Treasurer appeared before the Board in regard to his office situation. He stated that under present ' conditions that he had no protection against burglary, Carroll,' theft, or hold-up; and that he believed that he should have office I an office where he might have some privacy, inasmuch as he, danditionl as Town Clerk, had to discuss personal things with the public. He stated that his vault was much too small as it was necessary for him to keep records of four different depart- ments in it. Some of his records are now stored under his counter when they should be in a vault, and some of the ballot boxes are now stored in the Cary Memorial Building illegally. The Chairman asked him if he could use another vault in some other part of the building, and Mr. Carroll stated that he could provided it was kept locked. Mr. Lyons inquired of Mr. Carroll if there was any personal difficulty between he and Mr. Russell, and Mr. Carroll stated that as far as he was concerned there was not,,that he could get along with anybody. The Board advised Mr. Carroll that the matter would be given consider- ation and that he would be advised. The Board voted to instruct the Supt. of Public Works to obtain figures on the cost of putting up a partition in the office of the Town Clerk and Treasurer and the Town Accountant and to report to the Board at a later date. The Town Counsel, the Supt. of Public Works, and the Supt. of the Water Dept. appeared before the Board to dis- ' cuss the matter of water guaranties. The Town Counsel Water presented report of his actions on guaranties. He stated Guaranties that the next step toward the collection of the accounts would be tobringsuit against the principal or surety. Mr. Lyons inquired if there was any doubt in the Town Counselfs mind as to the legality of any of the bonds, and he replied that he had never taken any of the cases to court. If a case was taken to court and the Town won it and the person sued had no money, the Town would at least get judgment, which would be good for twenty years. It was voted to turn over the accounts to the Town Counsel for him to sue those persons whom he thought were good for the amount outstanding, the persons to be sued to be done so at the discretion of the Town Counsel. The Supt. of the Water Dept. stated that a Mrs. Nicklarson had called at his office and stated that she owed approximately $70. on a guaranty, and that she also' had signed another bond as a surety. She was willing to settle her account for $50.00, if the Town would discount her name as surety on the other bond. The Town Counsel stated that he would accept the money from the women in full settlement of the Townts claim against her. The Town Counsel stated that he had filed a bill in Bornstein equity against Leo Bornstein that morning. case. 474 The Chairman read a request received from the Town Counsel relative to the employment of a real estate expert to view the Smith property on Valley Road. The Board voted , to employ James F. Little of Arlington, the agent for the Lexington Trust Company at the Manor, to look over the Smith Smith, property in order that he might offer testimony should the Valley case go to court. Road. The Supt. of Public Works stated that he thought that the question of ownership of Valley Road prior to the taking was very important, and he advised Mr. Wrightington that the Smith's claim that they owned the whole of the road to the further side of the wall. If it were definitely established that the Smith's claim were correct, then the damages would be greater, inasmuch as a whole lot would have been spoiled for building purposes. --„-:The Town Counsel stated that he would look into the records at the Registry of Deeds to see just who owned the Right of Way. Mr. Lyons stated that he believed that Leo Bornstein of 32 Sylvia Street had enlarged his junk yard since 1924, Bornstein when the Zoning Law went into effect, and asked Mr. Junk Wrightington's opinion on the matter. Mr. Wrightington Bussiness. stated that he had started proceedings against Bornstein on the enlargement of a building on the property, and he might be able to get some information from Bornstein on the enlargement of his business when he cross-examined him on the witness stand. It was decided that he was not to take any action on the matter at present, but to keep the ' matter in mind. Letter was received from Maurice A. Page of 15 Independence Avenue stating that he was enclosing a bill in the amount of $1200. for damages to his land at East Page Lexington in the rear of the railroad station. The bill Maim for was as follows: enrages. "Tearing down peat buildings and removing lumber - $600.00 Digging ditch through pro erty (including two bridges 600.00 Total $1200.00 The Board voted to disclaim all liability in the matter, so that Page could bring suit if he wished to do so. Bean The Town Counsel informed the Board that he had suit. started suit against the purchaser of that part of the Bean farm which is being stripped of loam for selling purposes. The Supt. of Public Works reported that Mr. Eugene G. Kraetzer, Jr. had telephoned him regarding the condition of the drive on the Curtis property on Lincoln Street. The Water'Dept. used this drive during the construction of the new standpipe without any specific authority or ' permission, but after that department started using the drive, Mr. Ross agreed with Mr. Kraetzer to put the road in a good condition after the Town was through using it. Mr. Kraetzer stated that Mr. Ross advised him that he ' would have Mr. Scamman roll the road, and the cost of doing this would be approximately $300. The Supt. of Public Works reported that the road was put in a better condition than it was before the Town used it, and he would recommend that nothing further be done in the matter, and it was so voted. The Supt. of Public Works reported that the Supt. of the Water Department had recommended the extension of approximately 125 feet of 2" cement lined pipe in Belfry Terrace from the present end to supply water to a house to be built by Mr. M. B. Judkins in the circle. The estimated cost of the extension was $75.00. It was voted that the recommendation be approved, and that the two abutters, Glidden and Judkins, pay the cost of the extension rather than the usual assessment figure at .90 per front foot due to the fact that the Town cannot assess betterments in excess of the actual cost of construction. The Supt. of Public Works reported that on Wednesday May 8th, a break occurred in the 8" water main in York Street. The Police Dept. called Mr. Ross at 5:20 A.M., and it was six o'clock before two gates were shut off. One gate had been covered about two feet,which caused the delay in shutting off the water. By noon -time the pipe ' had been uncovered and it was found that the pipe was cracked for a distance of about three feet. The pipe was some purchased of the U.S. Cast Iron Pipe Co. in 1929, with which the Town has had considerable trouble. By 3:30 P.M. the repairs had been completed and the water was turned on. York Street was practically washed away, and eleven truck loads of gravel were put on the street at an approximate cost of $100. The Supt. of Public Works stated that York Street had been built by the Town to a certain point, and that no drainage had been provided, and that the abutters on the unfinished portion of the street get all the drainage from the top of the hill. The Supt. recommended that a paved gutter be installed on the unaccepted part of York Street to take care of the water from Oakmount Circle and the top of the hill, and it was voted to approve his recommendation.. 475 Curtis Drive. Belfry Terrace Water extension York Street water mail break. Letter was received from David McPeake requesting Ice that he be given the ice cream concession at Parker Field cream during the coming summer, and it was voted to approve his concession. request. The Supt, of Public Works reported that there was a brick culvert under the railroad at Fottler Avenue; and Drainage that from that point the water from Mass. Avenue flowed at ' in an open ditch to the new Mill Brook Channel. He Fottler suggested that the Town lay a 15" drain pipe to the new Avenue. dhannel at an approximate cost of $125. His recommendation was approved. 476 The Supt. of Public Works stated that he believed that New the Supt. of Parks and the Supt. of Streets whould have Clerk. some clerk in the Town Offices to do their work, as his clerk was too busy to take care of it all. He recommended that Miss Avis Weldon, who is now employed by Mr. Russell be employed to work for the Supt. of the Park Dept. one day a week, for the Supt. of Streets two days a week, and for le n J The Supt. recommended that the drain pipe for the Lowell Street project be puchased at this time. It was voted that vitrified clay pipe be purchased. The Supt. of Public Works reported that he had Outlook received a request from the�Outlook Club for the use of Club, use Cary Memorial Hall for the evening of December 4th for of hall. a condert to be given by the Highland Glee Club of Newton. The proceeds of the concert are to be for the scholarship fund of the Club, and it was requested that the hall be used free of charge. The Board voted to allow the Club to use the hall on that date free of charge. Shade on The Supt. of Public Works reported that a shade had Street been installed on a light on Percy Road thus properly Light. shading the property at 31 Percy Road. The Supt. of Public Works informed the Board that there was no fire box between Waltham Street and Meriam Fire and Street on Mass. Ave., and the Fire Department thought police box. that there should be one near Depot Square. The Supt. recommended that the fire box opposite Waltham Street be moved to near Depot Square, and that a new, pedestal box to take care of both a police and a fire box be installed in its place. The estimated cost of the installation is $80. and the cost will be borne by the Fire and Police Departments. Cady, The Supt. of Public Works reported that Robert Cady was Special anticipating obtaining a job on Pleasant Street, -and wished Police to be appointed a Special Police Officer in case he should appoint- get the job. The Supt. recommended that the appointment ment. not be approved and the Board voted against the appointment. Barnes, The Supt. of Public Works reported that he would not Special recommend the appointment of John B. Barnes as a Special Police. Police Officer, and the Board voted not to appoint him., ERA. new The Board voted to install the ERA office in the office. lower left hand office of the Cary Memorial Building in the room now being used by the Baby Clinic. The Supt. of Public Works stated that he believed New that the Supt. of Streets and the Supt, of Parks should offices. have desk space, and he recommended that they be given this in the office now occupied by the ERA, and the recommendation was approved. The Supt. of Public Works stated that he believed that New the Supt. of Parks and the Supt. of Streets whould have Clerk. some clerk in the Town Offices to do their work, as his clerk was too busy to take care of it all. He recommended that Miss Avis Weldon, who is now employed by Mr. Russell be employed to work for the Supt. of the Park Dept. one day a week, for the Supt. of Streets two days a week, and for le n J 477 the Town Accountant two and one-half days a week. It was voted to adopt the recommendation, and to pay bliss Weldon at the rate of $712.00 a week. The Supt. of Public Worlds reported that Mr. Spencer Assessors of the Assessors Office had requested that his office be office allowed to close on Saturdays between 12;00 and 1:00 P.M., hours. and the Board voted that the office shall be closed between Street. those hours until October 1, 1935. The Supt. of Public Works stated that the County Commissioners had requested that they be advised as to Damages, what damages they might expect to receive claims for on layout of the new layout of Watertown Street. The Town Engineer Watertown had made up a schedule of what he thought would be a fair Street. settlement of damages, and this was presented to the Board. The Supt. suggested that the Board look over the schedule, and if they thought the amounts fair, to advise the County Commissioners'o and the Board voted to do so. The Board discussed the matter of traffic centers at the junction of Mass. Ave. and Pleasant Street. Mr. Trask Taffic stated that he had talked with Mr. Williams of the County centers, office, who suggested that there be a small grassed area Pleasant at the foot of Follen Road as it enters Pleasant Street Street. and -& larger one.at the foot of )pleasant Street where it enters Mass. Avenue. No action was taken on the matter. Letter was received from the Supt, of Public Works stating that the County Commissioners had requested Takings permission from the Board, acting as Park Commissioners, along to lay out Watertown Street along Bowman Park and make Bowman Park the necessary taking_ therefor. The Board voted to grant the permission. The Board instructed the Supt. of Public Works to have Officer, an officer stationed at the interaeetion of Waltham Streat Waltham St and Mass. Avenue all day Saturday and Sunday and at the peak & Mass. of traffic. Ave. It was also voted to instruct the Supt. of Public Works to have two white lines painted on Mass. Avenue, one Traffic for the Waltham Street traffic and the other for the lines. straight Mass. Avenue traffic. The Supt. of Public Works reported that the Catholic Catholic Club had inquired as to what it would have to pay for the Club, use use of Estabrook Hall for the presentation of a show for of the benefit of the Club. The Board voted that a charge of Estabrook $10.00 would be made, and the Supt. was so instructed. Hall. ' The Supt. of Public Works reported that Ian Fleming, who was working on ERA, was cranking the engine that works Fleming a pump when the handle broke off and hit Fleming in the Accident. teeth, breaking several of them. Fleming wears a plate, 478 1 and the Board voted to replace the teeth and have the Town pay for them out of the Welfare Account. ' Partition, The Supt. of Public Works stated that while he was Supt. Pub. obtaining figures on a partition in the Town Clerk and Works Town Auditor's office, that he would like to get a figure Office. on putting a partition in his own office so that hemight have a,private office. The Board voted to authorise thee. Supt. to obtain these figures, also. The Board discussed the matter of appointments for positions at the Lexington Playgrounds with the Supt. of Public Works. Mr. Trask reported that Mr. Abell did Playground not want the position as supervisor at the center play- .appoint- ground this year, and as an older person was desired, he ments. thought that the most logical person for the position was Robert Mara. Mr. Mara had not applied for, the .position inasmuch as he had finished college, but would be glad to accept it. Mr. Trask recommended that Mr. Masa be given the position as supervisor, at a salary of $28.00 per week, and that Edward Readel be appointed an in- structor.at a salary of $22. per week. Mr. Trask recommended that the Blume boy not be employed as his school record was not trery good and he has had no swimming experience, and Mr. Trask believed that he was not going to return to school in the fall. The following appointments were made: ' East Lexington Playground Instructor - Florence Caswell - 9 weeks-@ $16. per week. Center Playgrg Supervisor - Robertamara — -10 weeks @ $28. 4 TM Instructor - Edward Readel - 9 If @ 22. rr rr 'r- Elinor Trask -10 a 18. « n iT - Marjorie Hyde - 9 rr 18. tt n Attendant - John F. Mara -10 'r 10. Evenings, holidays, and Saturday afternoons Attendant - Barbara Davis - 10 weeks @ $10. per week. Evenings, holidays, and Saturday afternoons The following appointments were held over for one week: Supervisor for North Lexington Playground; Clerk :for the Center Playground. Mr. Trask reported that he was submitting the names of Frencia W. Kelley as Supervisor at East Lexington and George V. Morse as_Tenn s Instructor at the Center Plaground as an ERA project, and the Board vote to a)prove e project. Street The Supt. of Public. Works,reported that he had received Light a request for the instal]a6tion of a street li ht on Vine Vine Arook Brook Road, and recommended that one be installed two Road. poles down from Winthrop Road: It was voted to approve the recommendation. 1 1 1 479 The Supt. of Public Works recommended that a street Street light be installed at the corner of Blake and Eaton Roads, Light,Bl.- and it was voted to approve the recommendation. & Eaton Rds, The Supt. of Public Works reported that he had gone over to the Hinkley house on Marrett Road and looked it over with Mrs. Hinkley. Mrs. Hinkley stated that it Hinkley 'would be perfectly agreeable to her if the town engaged damages. Mr. Mara to do the work inside the houseandMr. Dacey to fix the chimney. Mr Trask confirmed this,°ih*writing, and he stated that he thought that the whole repair work would be considerably less than originally estimated. The report was accepted. Mr. Trask reported that Miss Chapin, who has been doing Miss ERA investigation work at the expense of the Town, will be Chapin paid by the ERA beginning Monday, May 6th. The Supt. of Public Works reported that there was a new ruling from ERA headquarters to the effect that new ERA rules. projects must be approved by a majority of the Board of Selectmen and signed by the Chairman of the Board. it was therefore voted to approve the appointment of Francis W. Kelley and George V. Morse for"playground work. Mr. Lyons reported that he visited Rindge Avenue on Drafhage, a dry day, as was suggested by Mr. William 4quaro, and Rindge Ave found only three places where the ground was very wet. All the other properties were very dry. The Chairman read a letter from the County Commissioners advising the Board to inform the representatives and sen- ators of the proposed legislative bill to control the Chapter 90 making of contracts for co-operative work on roads by work. direction of the State Dept. pf Public Works. Inasmuch as the Supt. of Public Works has already done this, no action was taken on the matter. Letter was received from Walter D. McCrea giving permission to enter his property when it was necessary to spray the trees. Permission to spray trees. Letter was received from the Director of Accounts_ requesting comparisons of appropriations for welfare Welfare purposes i 1934 and 1935, also comparison of relief loads. appropria- The Welfarem esented a report of the appropriations and tions. it was voted to approve the report and send it tis the Director of Accounts: The Chairman read the copy of a letter which the Health Health Inspector had written to Walter Black re: the complaint. condition of his property in the rear of 57 Waltham Street; and a request that the property be cleaned up. MIM Letter was received from the British Pilgrimage. Veterans Association requesting the Board mission for the organization to hold its to Lexington on June 2nd rather than May voted to approve the change in date. Naval & Military to grant per- ' Annual Pilgrimage 26th. It was Supplies Letter was received from the Middlesex County San - for atorium stating that Kenneth Dow needed three pair of cotton Kenneth pajamas, a pair of leather soled and heeled slippers and Dow. a bathrobe, and inquiring if the Board of Health would provide the articles. The Board voted to provide the articles. Grade Letter was received from the Clerk of Courts at East Crossing. Cambridge stating that a Final Decree was entered on Architect Letter was received from Eugene L. Morgan, architect, Proposed giving his qualifications, and requesting that he be givan High consideration when architects are discussed for the School. planning of the proposed new high school. The Board voted to turn the matter over to the Committee for Increased High School Acco*modations. Letter was received from the 40/8 Society, The 40/8 American Legion calling the attention of the Board of Society on Health to its interest in diphtheria prevention and Hiphtheria.statiug,that the Society was willing to assist In immunization of children of pre-school age. No action was taken in the matter. Application was received from Edgar J. Thivierge of 1752 Mass. Ave. for permission to erect a new overhanging. 1 May 6, 1935, in the petition for abolition of grade crossing at Fletcher Avenue. The Chairman reported that Louis Palermo had arranged Palermo with the Lexington Co-op. Bank to take a mortgage on the bid. property which he purchased from the Town on Hillcrest Avenue. The amount of the mortgage is $350., and the Town should receive a check in this amount within a week. It was voted to instruct the Town Counsel to draw up�the deed necessary to complete the transfer. New Acts The Chairman read a letter from the Town Counsel of 1935. listing new Acts of 1935 and advising that the depart- ment heads'be notified of them, and the Board instructed the Clerk to advise the department heads of the new laww. Letter was received from the Town Accountant stating Vire that although the Board had approved an increase in Inspector salary of the Inspector of Wires that the Board had Salary, passed no formal vote on it. The Board voted that the salary of Louis W. Bills, Inspector of Wires, be set at $600., beginning January 1, 1935. Architect Letter was received from Eugene L. Morgan, architect, Proposed giving his qualifications, and requesting that he be givan High consideration when architects are discussed for the School. planning of the proposed new high school. The Board voted to turn the matter over to the Committee for Increased High School Acco*modations. Letter was received from the 40/8 Society, The 40/8 American Legion calling the attention of the Board of Society on Health to its interest in diphtheria prevention and Hiphtheria.statiug,that the Society was willing to assist In immunization of children of pre-school age. No action was taken in the matter. Application was received from Edgar J. Thivierge of 1752 Mass. Ave. for permission to erect a new overhanging. 1 C sign of metal to replace his old sign. It was voted to grant this permission and to make no further charge for the,permit inasmuch as Mr. Thivierge paid $1.00 for an overhanging sign permit on May first. Applications for liquor licenses from Max Berman, 12 Mass. Ave., Adolph Labes, •35 Wo.b�urn Street, and William A. Gr-anfield of 424 Marrett Road, and the Theatre Pharmacy, 1792 Mass. Avenue, were received. The Board voted to grant the license for the sale of bottled goods not to be drunk on the premises to Max Berman, and signed the license. This license is subject to the approval of the Alcoholic Beverages Control Commission. The license of the Theatre Pharmacy was approved and signed. Inasmuch as only one license for -retail sale could be granted, the other applications were laid on the table. Liquor Licenses. . It was voted to inquire of the Town Counsel whether Sunday sale or not there should be a charge for the sale of cigarettes of on Sunday. etigarettes Inquiry was received from Richard Muller of 62 Mystic Street, Arlington, as to whether or not a permit was re- quired for the sale of ice. It was stated that although a State License to peddle was required, the Selectmen might regulate permissions grahted. It was voted not to grant the permission, and to have the Chief of Police check up on the character of the .-inan. License to peddle ice. Public Welfare Abatements in the amount of $79.25 were Abatements signed. Bills in the amount of $746.30 for the Patriots Day Approval of Committee were approved. kills. The following licenses were granted: C. B. Barnaby, 1804 Mass. Ave. Bowling Alleys. Aline M. Thivierge, 4 Waltham Street Hairdressing. Theatre Pharmacy, 1792 Mass. Ave. Overhanging Sign• Bailey's Cleansers & Dyers, 1711 Mass. Ave. rr rr Rufus W. Blake., 1733 ass. Avenue tt " August Young, Lacohia Street Slaughter House. James F. McCarthy, 60 Bedford St. Public Carriage - Joseph A. Query, 1765 Mass. Ave. Sunday Sales. James F. McCarthy, 60 Bedford St. Undertakers John E. Timothy, Kendall Road Public Carriage. The overhanging sign licenses were granted subject to the approval of the Buili?ing Inspector. Licenses Granted. The Chairman reported that he had been advised that , Miss Caroline Harrington of 1661 Mass. Avenue was con- Harington ' templating selling her house, and wanted to know if the property. Town was interested in purchasing it. The Board felt that the Town would not be interested in the property. M 0 j Location The Chairman reported that the Clerk of the Board of of Assessors had located all the property that the Town property. has taken title to, and the Board decided to view the properties at the earliest convenience. Figenbaum. Mr. Mitchell reported that Ernest Figenbaum was now cut off Soldier's Relief as he rated as A mason's helper on ERA. The following sewer betterment assessments were Certifica- certified: tion of Trunk Line Sewer $6870.00 assessments. Robbins Road 368.53 The following sewer betterment assessment abatements were signed: Trunk Line Sewer - $6870.00. The meeting adjourned at 12:00 Bi. A true copy, Attest: Clerk. 1 1 A motor vehicle excise tax refund in the amount of Refund $2.89 for Charles W. Ryder was signed. The Welfare Agent reported that Frederick McMillen, Miscl. Jose Furtado, Thos. S. Costello, and James Rose were Aid. earning $12.00 per week on ERA, and he recommended that supplementary aid not to exceed $3.00 per week be granted them, and the recommendation was approved. Mitchell to The Welfare Agent requested that the Board give him ionfer with authority to confer with the Town Counsel when necessary, 'Town Counsel.and the Board granted the authority. Mr. Mitchell reported that J. E. Barnes had trans - Barnes (erred his mortgage to the H.O.E, C., and he was to pay lase. $19.96 monthly. Mr. Mitchell was instructed to write Barnes that he was to save a certain amount each week from his earnings on the Pleasant Street job to pay toward his mortgage. Figenbaum. Mr. Mitchell reported that Ernest Figenbaum was now cut off Soldier's Relief as he rated as A mason's helper on ERA. The following sewer betterment assessments were Certifica- certified: tion of Trunk Line Sewer $6870.00 assessments. Robbins Road 368.53 The following sewer betterment assessment abatements were signed: Trunk Line Sewer - $6870.00. The meeting adjourned at 12:00 Bi. A true copy, Attest: Clerk. 1 1