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HomeMy WebLinkAbout1935-05-21 483 SELECTMEN'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. Re 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 insura¢a e he did all his business through the John C. Paige Co. who handle the insurance for fifteen cities and towns around Boston. 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 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 Publ„ic 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 Works for his first two weeks in office. 484 CIO ca CD The Supt. of Public Works 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. Mr. Trask reported that it would cost approximately $150.00 to replace the broken grates. Mr. Trask reported that the 1935 appropriation for coal was $650.00 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 . Mr. Trask stated that, he needed $300. tc 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 $268. 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 state wide 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 485 cost of the project, if extended, would be $380. , but with no expenses to the town. It was voted to approve the application of a supplemen- Waltham tary 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- Lincoln St. mentary project for continuing the widening, straightening . ro- and grading of Lincoln Street at an estimated cost of ject $4163.00. 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. The Supt. of Public Works reported that he had received a petition for a sidewalk in Somerset Road from 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 betted 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 traffic circle at Mass . Ave. and Pleasant Street. The Circle, _ sketch also sh wed the two grassed areas recommended by Mass. Ave. & the State Traffic expert, but the Board voted to approve Pleasant St. the Supt. 's recomiendation for a traffic circle. The Supt. recon ended button signs rather than the traffic blinker in the center of the traffic circle, and it was voted to approve his recommendation. 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. 486 cdoo CD 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 Company, 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 to 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 inunction on his elidntrs 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 knows, every Town that has attempted to 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 $10,000. 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 487 II to the fact that in the first place the Building Inspector did not object to the business; the Town supplied the fitm 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. KIllan. ' 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- Bill to ton has filed a bill requesting that Boynton be enjoined enjoin, against carrying on a junk business in these two garages. Bornstein He stated that Boynton's attorney will not fight the removal junk of the building which was erected without a building permit. business, He wished the Board to instruct him as to whether or not 1 II he should proceed with his bill to enjoin the carrying on of the junk business in the two garages, and the Board voted t-, 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 towns would have no direction over billboards. The bill calls for the Billboards. 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.14. 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 Zoning Law Paul Revere Garage on Marrett Road. He stated that he Violation, found a lot of removable metal floor pans spread over the Paul ground which Roger Brown, the proprietor of the garage, Revere rents to contractors for building fire-proof and cement Garage. II floors. There were piles of brick which Mr. Brown also uses in his business He stated that Mr. Brown was willing to clean up the property as best he could and do 488 anything that the Board wished him to do. The Board felt that Mr. 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 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, 7 did not require a license for the sale of cigarettes, 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 Muller, app- regard to the character of Richard Muller, who inquired lication for about a license to peddle ice. The Chief reported that lioenee 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 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 Invitation. Annual Pilgrimage to the battlefields of Lexington., Bedford, and Concord on June 2nd. The Board voted to accept the invitation and that Mr. Gilcreast would represent the Board. Letter was received from Nelson B . Crosby, Representative, 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 Commissioner's letter stated that the budget for Chap. 90 work had been increased from $2,000,000. to $2,350,000. and tint 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. 489 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 Street. 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. ,an account to be used for the (purchase/ of preserving the likenessess of nine men of Lexington who made the supreme sacrifice in the Wo1ld 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. H3fde 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 t 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 $150,000. The Board voted to invite the Town Treasurer to obtain bids on i. 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 $145,000. re: Loan He informed the Board that the outstanding real estate and 490 CD 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 1st 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 statibg 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 'Vill 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 Unclassified-the 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 Consgruction, 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 side?. the Board voted to limit the cost of the repairs to $500. walks. Mr. Russell was awaiting instructions from the Board with, reference to the disposition of the bill. The Board voted to instruct the Supt. of Public Works to notify the H. F. Arminggon Co. that the Town accepted their bid of 491 .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 Ace approved. ountants. The following licenses were granted. Clarence E. MacPhee, 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 insu-ance 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 completion 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 1st. 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. W. 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. 492 Crt Cushman Mr. Mitchell reported that Elmer Cushman had an Water outstanding water bill in the amount of $13.96, and Bill. had received notice of a lien. MtMitchell recommended tht the Board approve pa,mentofhe bill, and he oard voted to approve a reol 'fen�afon. 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 to support Pero if he went to live with his daughter. The Board voted not to pay Pero anything he ldft 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 tosend 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 Accountant's office,his request would be considered. The meeting adjourned at 12:00. A true record, Attest: Clerk. I� 1