HomeMy WebLinkAbout1935-05-21SELECTMEN'S MEETING
MAY 21, 1935.
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Offices, Lexington. Messrs.
Ferguson, Gilcreast, Lyons, and Potter were present. The
Clerk was also present.
Mr. N. J. Busby of the N. E. Tel. & Tel. Company Joint
appeared before the Board with a petition for making fifty- ownership
six existing poles on Lincoln Street jointly owned with the of poles.
Edison Company. It was voted to approve the petition.
Mr. George B. Gosbee of Simonds Road appeared before
the Board in regard to insurance. He stated that he
had been a General Broker for the past fifteen years, and
felt that he would like some consideration when the
Gosbee on
policies which expire in June are renewed. He stated that
insure=
he did all his business through the John C. Paige Co. who
handle the insurance for fifteen cities and towns around
Baton. Mr. Gosbee suggested a survey of the policies, so
that if there were several policies expiring one year and
only a few the next, short term policies might be taken out
so that the expirations would come evenly. He stated that
he was merely asking that the Board consider his compaby
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when placing the insurance.
Mr. Trask submitted a report on the activities of the
Report of
departments under his jurisdiction for.the past week, and
Supt. of
the report was approved.
Public Wks,
Mr. Trask reported that Daniel J. Gorman had given
him the following prices on putting partitions in the
offices of the Supt. of Public Works and the Town Accountant:
For putting up partitions in both offices similar to the
one in the Tax Collector's Office, $390.00; For putting
up a partition of a different construction in the Supt.'s
Partitions
office, and the same type as the Tax Collector's in the
Auditor's office, $195.00 without glass, and $27.50
additional with glass; if the partition in the'Supt. of
Pubic Works office is only eight feet high, that is, with-
in two feet of the ceiling, the price would be reduced to
$85.00.
It was voted that the matter be left to the Chairman
of the Board of Selectmen and the Supt. of Public Works.
It was moved and seconded that the Finance Committee
Salary of
be requested to approve the transfer of $137.50 from
Supt. of
the Reserve Fund to pay the salary of the Supt. of Public
Public Wks
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Works for his first two weeks in office.
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The Supt. of Public Work4,reported that there
Public
was only $5.40 left in his appropriation for office
Works,
supplies, and that the amount requested in the budget
Office
by his predecessor was only $36.00, which was entirely
Supplies.
inadequate. He stated that he needed $78.00 for
requisition slips; $15.00 for work slips; and $16.00 for
a filing cabinet, and approximately $50.00 for additional
expenses. These office supplies were needed because of
a new system of checking on purchases that has been set
up by Mr. Trask. It was voted to request the
Appropriation Committee to approve the transfer of
$162.50 from the reserve Fund for this purpose, making
a total of $300. to be transferred from that Fund.
The Supt. of Public Works reported that no repairs
had been made in the Public Works Building for two years.
Equipment &
The.grate in the heater was broken some time last spring,
Repairs Acct,
and nothing was, done about it. The fire was built on
the broken grate last winter. The furnace was cleaned
out this week, and five broken grates were found.
Trask reported that it would cost approximately
$150.00 to replace the broken, grates.
Mr. Trask reported that the 1935 appropriation for
coal was $6 50.00 and of that amount $495.52 had been ex -
pended beFore he took office. This amount paid for coal
purchased last July, as it had been the custom of the
former Supt. of Public Works to purchase coal one year
and pay for it the ne:�t year. lir. Trask stated that, be
needed $300. to buy coal up to the first of next January.
Mr. Trask reported that $400. had bten allowed in
the budget for Equipment and Repairs, and that $518. had
been spent prior to April 1, 1935. Therefore, $268. was
needed for equipment and Repairs, $150. for the new grates,
and $118. for the overdraft in the account.
It was voted to instruct Mr. Trask to make up an
Vote.
article to be inserted in the Warrant for the next
Town Meeting for equipment and repairs, to make it large
enough totake care of the $t68. needed at present, and
other Equipment and Repair needs for the balance of the
year.
Letter was received from the Supervisor of the Federal
Housing project, George V. Morse. Mr. Morse stated that
.the Administration wished the Lexington Project to be
extended, as an estimated 65% of the eligible property
Federal
owners have been visited. The total amount of work
Housing
listed to date was $24,070., and the goal set was
Project.
$50,000. The Lexington district stands high in per-
centage of realization which means work actually started,
having a rating of approximately 79% against a statewide
average of 44.7%.
It was voted to extend the project for a period of
eight weeks.
The Local administrator, E.R.A., submitted a request
for the extension of the above project, stating that the
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cost of the project, if extended, would be $380.1 but
with no ;expenses to the town.
It was voted to approve the application of a supplemen- Waltham
Lary project for the construction of 5200 feet of gravel
St. E.R.A.
sidewalk on Waltham Street at an estimated cost of $2572.
Project
approved.
It was voted to approve the application of a supple-
IV olp St.
mentary project for oantinuing the widening, straightening
. ro-
and grading of Lincoln Street at an estimated cost of
ject
$416$.00.
approved.
The Supt. of Public Works reported that the Supt. of
Streets was planning to finish the sidewalks that have
Sidewalks
already been started after June 1, 1935.
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The Supt, of Public Works reported that he had
received a petition for a sidewalk in Somerset Road fro*
three abuttors. He stated that there was not money enough
for a granolithic walk the whole length of the street, and Somerset
he recommended that a tar sidewalk be.built. There is Road
enough money in the appropriation to build a granolithic sidewalk.
sidewalk ih front of the property owned by the three
petitioners, and it was voted to have this done, but
before it is done, the Supt. was instructed to urge the
remaining abuttors to come in on the project so that an
article might be inserted in the Warrant for the next
Town Meeting for an additional appropriation.,
The Supt. of Public Works reported that he had Heating
obtained a price of $91.00 for having the necessary work Conference
done in order that the two conference rooms on the north- Rooms, Cary
westerly side of the Cary Memorial Building might be bed_ted Mem. Bldg,
without heating the whole building. It was voted to
authorize the Supt, to have the work done.
Upon recommendation of the Supt. of Public Works, it Board of
was voted to advertise a hearing to,be held on June`4th, Survey
1935, with reference to the approval of plan of land owned hearing.
by Peter J. and Margaret E. Kinneen, t. by e., consisting
of approximately 50 acres on Burlington Street.
The Supt, of Public Works submitted a sketch of the
traffic circle at Mass. Ave. and Pleasant Street. The
sketch also sh..wed the two grassed areas recommended by
the State Traffic expert, but the Board voted to approve
the Supt.'s recommendation for a traffic circle. The
Supt. recommended button signs rather than the traffic
blinker in the center of the traffic circle, and it was
voted to approve his recommendation.
Traffic
Circle,
Mass. Ave. &s
Pleasant St.
The Board voted to appoint Nora Corcoran as supervisor Play -
at the North Lexington Playground for a period of eight ground
weeks at a salary of $16. per week, and Helen Archibald appointments
as Clerk at the Lexington Center Playground for a period
of ten weeks at a salary of $10. per week.
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Mr. Lyons mentioned the fact that the storm flag
Flag at
had been flying on the Common; and it had been voted to
Common.
fly the large flag. It was voted to have Mr. Trask
instruct Mr. Garrity to fly the large flag on every
clear day, and to make sure that the flag was taken down
each night.
Sewer
A sewer service commitment in the amount of $152.42
Commitment.
was signed.
The General Construction Cofpany, who is doing the
stripping and selling of loam at the corner of North
and Adams Streets, was represented by an Attorney, a Mr.
Killam., He was accompanied by a Mr. Young. Mr. Trask
and Mr. Wrightington were also present. Mr. Killam
stated that the restraining order had been refused at
the preliminary hearing. He said that if the Board was
interested in hearing how the Bean property was going to
look after it had been stripped of loan, he would like
to discuss the matter, but if the Board wished to make
a test case of the Zoning Law, he did not want to dis-
cuss it. When the stripping of the loam was first
started the Building Inspector went over tc the place
and did not object to the business. The Town of
'Compromise,
Lexington supplied water without objection.
Bean
Mr. Killam stated that there were other places in
'Property,.
the Town where loam was being stripped, and he thought.
it unfair for the Town to attempt to place a temporary
ir4unction on his clientrs property. The Chairman
stated that the Board had taken action in order to
protect the Town. Mr. Killam stated that he did not
think the business a breach of the Zoning Law, and that,
insofar as he known, every Town that hasattemptedto .
restrain the removal of loam -has been unsuccessful. He
suggested that the best way for the Town to put an end
to the practice was by making an amendment to the Zoning
Laws making the removal of loam prohibitory.
It is the plan of the General Construction Co. to
plant trees after the loam has been stripped, and in
their opinion, the land will be much more valuable and
attractive ,after the orchard is planted than before the
land was stripped.
Mr. Wrightington informed the Board that a hearing
would be held before a Master on Monday, May 27th, but
he thought that by the time a decision was handed down
that the stripping of the land would be completed. The
Board suggested to Mr. Killam that he might file a Surety
Bond for a certain sum that his clients would carry out
their plan of planting an orchard and improving the
property. Mr. Killam inquired how large a bond the
Town would require, and the sum of $14,000. was suggested.
Mr. Killham and Mr. Young retired and the Board
discussed the matter with Mr. Trask and Mr. Wrightington.
Mr. Wrightington felt that the case was rather weak, due
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to the fact that in the first place the Building Inspector
did not object to the business; the Town supplied the fif°m
with water; and the Town did not take action until approx-
imately one month after the work was started. He felt that
it would be better to compromise in this case, and if any-
one else started to do the same thing, strip loam for sell-
ing purposes, to take action against him immediately.
It was moved and seconded that the matter be compromised,
and it was sQ voted.
The Board also voted that the method of the compromise
and the form of the bond be left to Mr. Trask, Mr. Wrightington
and. Mr. Killam. '
Mr.-Wrightington stated that Leo Boynton of Sylvia
Street has two two -car garages of different ages and that
a small shed connects the two. He found that Boynton's
junk license was issued.by the Town of Arlington on. April 28,
1924; and four days later, on May 2, 1924, the Zoning By -Laws
were published. The first garage permit was issued on.
July 10, 1924 and the second -on July 9, 1929. Mr. Wrighting-
ton has filed a bill requesting that Boynton be enjoined
against carrying on a junk business in -these two garages.
He stated that Boyntonts attorney will not fight the removal
of the building which was erected without a building permit.
He wished the Board to instruct him as to whether or not
' he should proceed with his bill to enjoin the carrying on
of the junk business in the two garages, and the Board
voted to instruct him to proceed with the bill.
Mr. Wrightington informed the Board that there was a
new law pending in regard tc billboards which would wipe
out all previous laws,, and that the tons would have no
direction over billboards. The bill calls for the
appointment of a billboard director who could approve the
erection of a billboard in any business section. A
hearing will be held on Thursday, May 23rd at 10:30 A.)&.
before the Committee on Mercantile Affairs, and Mr.
Wrightington,wanted to know if the Board was for or against
the bill.
The Board voted to oppose the bill and to instruct the
senator and representatives that the Town of Lexington was
opposed to the bill, which is House Bill #2122, and wished
to be recorded in opposition to it.
the Chairman read- a letter from the Health Inspector.
in regard to the condition of the yard in the rear of the
Paul Revere Garage on Marrett Road. He stated that he
found a lot of removable metal floor pans spread over the
ground which Roger Brown, the proprietor of the garage,
rents to contractors for building fire -proof and cement
floors. There were piles of brick which Mr. Brown also
uses in his business. He stated that Mr. Brown was
willing tc clean up the property as best he could and do
Bill to
enjoin;
Bornstein
junk
business,
Billboards.
Zoning Law
Violation,
Paul
Revere
Garage.
488
arqthing that the Board wished him to do._ The Board
felt that fir. Brown was violating the Zoning By-law by. ,
carrying on a contracting business, and voted that the
question of storing and renting of metal forms at -the
Paul Revere Garage on Marrett Road be turned over to the
Building Inspector for report and action.
Letter was received from the Chief of Police in
I'Muller, app- regard to the character of Richard Muller, who inquired
lication for about a license to peddle ice. The Chief reported that
lioanae to Muller had been arrested by the Arlington Police in 1932
peddle -ice. for operating under the influence of liquor, and also
for leaving the scene of an accident, and that he was ,
sentenced to the House of Correction'for a month and two
weeks. The Board voted not to grant Muller a license to
peddle ice in Lexington.
Approval of I Bills totaling $30. were received from the Town
Counsel's bill Counsel and approved by the Board.
Invitation was received from the British Naval and
Military Association of Massachusetts to attend its
InvitatiQn. Annual Pilgrimage to the battlefields of Lexington,
Bedford, and Concord on June 2nd. The Board-:votdd
to accept the invitation and that Mr. Gilcreast would
represent the Board.
Letter was received from Nelson B. Crosby,
Represeutttive, stating that he was enclosing a letter
Chapter 90 from the State Commissioner of Public Works which was
work. the result of the strenuous objections against the,
ruling for 1935 relative to Chapter 90 work'. The
Commissionerts letter stated that the budget for Chap.
90, work had been increased from $2,000,000. to $2,350,000.
and that the Dept. had decided not to enforce the rule that
Chapter 90 contracts running over $12,000. should be done
by contract this year. '
Special It was voted to appoint Robert Cady a special Police
Police. Officer for a period of six weeks.
Letter was received from the Town Counsel stating
that the Statutes relating to Sunday Sales were revised
Sunday
by Stat. 1934, Ch. 373, secs. 6 and 7, and that section
Sales,
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Cigarettes.
and that they might be sold by four classes of dealers
on Sunday, as follows: licensed innholders, common
Victuallers, druggists and news dealers whose stores are
open for the sale of newspapers every day in the week.
Inasmuch as filling stations are not mentioned in the
statute, the Board felt that the Shell Oil Company should
be advised that it would be necessary to procure a
Sunday Sales license if they wished to sell cigarettes
on that day.
Letter was received from the Chief of Police in
I'Muller, app- regard to the character of Richard Muller, who inquired
lication for about a license to peddle ice. The Chief reported that
lioanae to Muller had been arrested by the Arlington Police in 1932
peddle -ice. for operating under the influence of liquor, and also
for leaving the scene of an accident, and that he was ,
sentenced to the House of Correction'for a month and two
weeks. The Board voted not to grant Muller a license to
peddle ice in Lexington.
Approval of I Bills totaling $30. were received from the Town
Counsel's bill Counsel and approved by the Board.
Invitation was received from the British Naval and
Military Association of Massachusetts to attend its
InvitatiQn. Annual Pilgrimage to the battlefields of Lexington,
Bedford, and Concord on June 2nd. The Board-:votdd
to accept the invitation and that Mr. Gilcreast would
represent the Board.
Letter was received from Nelson B. Crosby,
Represeutttive, stating that he was enclosing a letter
Chapter 90 from the State Commissioner of Public Works which was
work. the result of the strenuous objections against the,
ruling for 1935 relative to Chapter 90 work'. The
Commissionerts letter stated that the budget for Chap.
90, work had been increased from $2,000,000. to $2,350,000.
and that the Dept. had decided not to enforce the rule that
Chapter 90 contracts running over $12,000. should be done
by contract this year. '
Special It was voted to appoint Robert Cady a special Police
Police. Officer for a period of six weeks.
Report of the Board of Appeals findings in the
Boynton case was read by the Chairman. That Board Findings,
' denied the petition of Boynton to enlarge the existing Boynton
building at ##32 Sylvia Stree=t. The report was approved case.
by the Board.
A petition, signed by ten certified voters of the
Town, was received. The petition requested that the follow-
ing article be inserted in the warrant for the next Town Article
Meeting: To see if the Town will vote to transfer the for
sum of $540.00 from the Excess & Deficiency Account to Warrant.
pan account to be used for the (purchase/ of preserving the
likenessess of nine men of Lexington who made the supreme
sacrifice in the World War, in an imperishable manner.
The Board voted to insert the article in the next
warrant.
Application was received from the Edison Elec. Ill.
Co. for permission to erect and maintain seven poles on
the new Concord Turnpike, westerly.from Wellington Lane. Poles on
Inasmuch as the Board granted the Edison Company permission new
to erect six poles on the new road on May 7th, it voted highway,
to grant permission to erect and maintain one additional
pole, making a total of seven to be erected.
The Board voted to grant permission to 'Alice C. Hyde Vote on
' to maintain a two car garage of second class construction Hyde
at 22 Forest Street. Garage.
The Chairman read a regulation from the State Laws
relating to Plumbing, which said that every building where
persons are employed shall have Lt least one water -closet Sanitary
for every 15 persons employed therein; and in any building conditions
where persons of both sexes are employed, separate accommoda-Grafe
tions shall be furnished for both men and women. He also stand.
read the local Board of Health rules relating to toilet
facilities. It was voted that Mr. Harry J. Grafe be
instructed that before a license may be issued to him that
he will have to install two separate toilets in suitable
locations; said toilets are to be completed by the 15th
of June .
Letter was received from the Town Treasurer informing
the Board that the Town has Anticipation Notes due June 5th Notes.
in the amount of $1502000. The Board voted to invite the
Town Treasurer to obtain bids on a loan in anticipation
of revenue in the amount of $100,000. to be dated May 29th,
1935, and payable Sept. 30th, 1935, and to have the bids
submitted at the Selectmen's Meeting on Tuesday, May 28th.'
Letter was received from the Town Accountant in regard Town
' to the Revenue Loan of $150,000. due on June 5th stating Accountant
that the present cash balance was approximately 1145,000. re: Loan
He informed the Board that the outstanding real estate and
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personal property taxes for the year 1934 at the present
time was $95,468.78. The Accountant also recommended '
that the sum of $100,000, be borrowed in anticipation of
revenue to be due and payable September 20, 1935.
Letter was received from the Town Accountant stating
'Appropr. Com. that the Appropriation Committee was holding a meeting
meeting on Thursday, May 23rd, it being the second regular
monthly meeting of the Committee. The letter stated that
at this meeting the expenditures made by the .Water and
Sewer Departments from January_lst to the present date would
be given consideration. Mr. Trask and Mr. Ross had been
requested to be present at the meeting at eight o'clock..
The letter stated that the Appropriation Committee would
be pleased to receive any communications from the Board.
Letter was received from the Town Accountant statifig
Mr. Trask's that he had received a voucher from the Supt. of Public
fee, Notary Works for fee for Notary Public, $5.00, and Pocket Seal,
Public. $5.50, a total of $10.50, which had been rendered for
payment from the Unclassified Account. The Accountant
thought this proper inasmuch as a large number of the
town departments will benefit. The Board voted that the
$10.50 76ill should be paid from the Unclassified Account.
Letter was received from the Town Accountant stating
Payment of that he had listed on the warrant a voucher payable to '
bills from the Lexington Lumber Co. in the amount of $27.65, from
Unclassifiedthe Unclassified Account for cedar posts and lumber for
Account. a fence on Valley Road. A payroll in the amount of
$28.80 was also submitted for payment from the Unclassified
Account, as it covered labor on the Valley Road fence.
The Board voted to approve payment of both bills from the
Unclassified Account.
Letter was received from the Town Accountant stating
that he was submitting a special warrant with no date on
Water Con.
which he had listed a labor payroll for Water Cons#ruction,
Bedford St.
Bedford Street, and several vouchers covering expenditures
bills.
on the same project. The reason the warrant was sub-
mitted without date was that the Town Treasurer had not
yet procured the money from the authorized loan of $20,000.
The accountant was going to hold the special warrant
until the Treasurer advised him that the money had been
received.
Letter was received from the Town Accountant stating
Bill for
that he had received a bill from the Supt. of Public Works
repairs to
in the amount of $550.19 for repairs to tar sidewalks, and
tar sidep
the Board voted to, limit the cost of the repairs to $500.
walks.
Mr. Russell was awaiting instructions from the Board with;
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reference to the disposition of the bill. The Board voted
to instruct the Supt, of Public Works to notify the
H. F. Armingkon Co. that the Town accepted their bid of
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.09 per sq. ft., and that the contractor would have to make
the cost of the work not more than $500.
Letter was received from the State Board of health stating
that for a number of years the Dept. had been distributing
free of charge biological products for the treatment and Biological
prevention -of communicable diseases, the cost being borne products.
from the tax levy. The Board felt that there had been
wastage of these products that might have been avoided, and
was, therefore, limiting distribution. The co-operation of
the local Board of Health was urged. The Board voted to
notify the local doctors of the change in the regulation.
Report of
The report of the State Accountants was received and State Acem �^.
approved. ountants
The following licenses were granted.
Clarence E. Ma.cPhee, 14 Baker Avenue Sunday Sales'
H. P. Hood & Sons, Inc., 1717 Mass. Ave. Overhanging °ign.Licenses.
The Overhanging Sign permit was granted subject to
the approval of the Building Inspector.
Letter was received from Elmer A. Lord & Co. stating
that fire insurance policy in the amount of $12,250
expired on May 20th. The Board voted to request the
company to place the policy on a binder until the complettDn
of the insurance appraisal.
Notice was received from Georg.- W. Taylor & Son of the
expiration of a fire insurance policy in the amount of
$26,000. on June 3rd, and the Board voted to request the Insurance.
company to place the policy on a binder until the completion
of the appraisal.
The Board noted that a policy in the amount of $10,000.
which had been placed through Agent Richard Whittemore
expired on June lst. The Board voted to place this
insurance through the office of George B. Gosby of Simonds
Road, on a binder.
The Chairman stated that a policy in the amount of
$13,700. which had been placed through the office of
Arthur A. Marshall & Son expired on June 2nd, and the Board
voted to place the policy on a binder through the same office.
Commitment of sewer services in the amount of $152.42 Commitment
was signed by the Board. signed.
Mr. Mitchell reported that Martha L. Jones of Pleasant
Street had an outstanding water bill of $15. and had Jones
received notice that a lien was about to be claimed. He Water
' 'stated that the rent Mrs. Jones gets from one tenant does Bill.
not pay the amount due the bank, and he recommended that
the Board approve payment of the Water bill. The. Board
voted to approve payment of the bill.
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Cushman Mr. Mitchell reported that Elmer_ Cushman had an
Water outstanding water bill in the amount of 513.96, and '
Bill. had received notice of a lien. M Editt hhell re osmn nded
th t t}}��e Board ag ove amen J#� he bi I, and• he pard
vo ed to approve ie reonena�ion.
Mr. Mitchell reported that Norman Pero, Sr. was
Pero aid. having trouble with his wife and wanted to live with his
daughter, Mrs. Richards. Mr. Mitchell wanted to know if
the Town was going to continue tc support Pero if he went
to live with his daughter. The Board voted not to pay
Pero anything ig he lift his own home.
Mr. Mitchell reported that Dr. Wells had talked with
Colontroppo, him in regard, to the Colontroppo family on Cottage Street.
Scarlet The Colontroppo boy is ill with scarlet fever, and
Fever. Dr. Wells recommended that he be hospitalized, but the
Colontroppos felt that they could not afford to -send him
to the hospital. The family has a gross income of
$31.50 per week. The Board voted to take no,action in
the matter.
Mr. Mitchell stated that he understood that there
Mitchell's would be a second-hand desk available from the Town
desk. Accountant's office, and he would like -to have the desk,
as well as a new single, small desk, which would cost
$18.00. The Board informed him that if and when the
partitions are put up in the Aceountant'ts office,his
request would be considered.
The meeting adjourned at 12:00.
A. true record,` Attest:
Clerk.
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