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HomeMy WebLinkAbout1935-06-11 504 tn uo SELECTMEN'S MEETING JUNE 11, 1935. ' A regular meeting of the 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. A hearing was held on June 4th upon the application Approval, of Colwell Bros. to maintain a one car garage of wood and Colwell cement plaster at Lot No. H. , Bedford Street, and no one Garage. appeared in opposition to the application. The Board voted this evening to approve the application, subject to the approval of the Building Inspector. A hearing was held on June 4th upon the application Approval, of Mrs . George L. Gilmore to maintain a three car garage Gilmore of second class construction at #57 Hancock Street, and Garage. no one appeared in opposition. The Board voted this evening to approve the application subject to the approval of the Building Inspector. Approval, A Board of Survey hearing was held on June 4th Bd. of Sur- with reference to the approval of plan of land owned by vey layout, Peter J. & Margaret E. Kinneen, T. by E., consisting of Kinmeen approximately 50 acres on Burlington Street, Lexington. property. Inasmuch as 4 majority of the Board were not present, no 11 action was taken. The Board voted this evening to approve the Board of Survey layout as described above. State Letter was received from the State Dept. of Public allotment, Works stating that the allotment from the State on the Pleas . & improvement of Pleasant and Watertown Streets would Watertown amount to $9,562.50, on condition that $6,375. shall be Streets. contributed by the town and $3,187.50 by the county. State allot- Letter was received from the State Dept. of Public ment, Lin- Works stating that the allotment from the State on the coin Street. improvement of Lincoln Street would amount to $16,150.00, on condition that $10,200. shall be contributed by the town and $5,950.00 by the county. Letter from Letter was received from the County Commissioners County on Office stating that by the terms of the allotments for- allotments, warded to the Commissioners by the Dept. of Public Works, Pleas.& Wat. the work on Pleasant Street and Watertown Street called St. & Lin- for $3,187.50 on the part of the County and on Lincoln coln Street. Street $5,950. The letter stated further that the County should be prepared to meet these amounts although the Commonwealth had decreased all the allotments by 159 . 505 Letter was received from the Mass. General Hospital stating that House Bill #61 became a law on April 10, 1935. The law was amended so that Chap. 111, Section Treatment 117 now reads as follows "Each City or Town shall of indigent provide for treatment, either in a Hospital or as Out- persons Patients, of indigent persons suffering from gonorrhoea suffering or syphillis « The letter stated that there were sixteen with (16) patients being treated in the Out-Patient Dept. who gonorrhoea claim residence in Lexington. The letter inquired of syphilJia whether, in cases where residents of our Town were unable to pay for treatment, the Board of Health wished the Mass. General Hospital to continue to treat them and bill the Board the usual charges, or wished to arrange for treatmetlt elsewhere. The Board voted to write the Hospital and find out who the patients were so that the cases might be investigated before rendering aid, and felt that if there were persons who were indigent and needed treatment, they should be sent to the Mass. General Hospital for treatment in the future as in the past. Mr. Louis Palermo appeared before the Board with reference to the signing of the deed on his purchase of Deed on the Angelo Jannini property on Hillcrest Ave. The transfer of Chairman stated that the Town Counsel had drawn up a deed Jannini on the transfer of this property, but that the deed con- property tained no covenants of title whatsoever, and that the Town to incurred no obligation and made no representations to Palermo. Palermo with respect to the validity of the title which it was conveying to him. Mr. Palermo stated that he had not had a lawyer look up the title. The Chairman recommend- ed that Palermo employ a lawyer to examine the title, and told him that a copy of the deed would be mailed to him so that his lawyer might examine it and decide whether or not he should accept it. Palermo stated that he would do this. Mr. Bedros Bashian appeared before the Board with reference to improvements to his property. He stated that the reconstruction of Mass . Avenue had caused con- Bashian siderable damage to his property, and the work that the request far Town had already done did not provide sufficient recompense improve- for the damage done. He now wanted the town to do the ments on following: Take care of the culvert under Mass . Avenue; his property letter two boulders which are being used as gate posts; continue the retaining wall, grade the widewalk, and continue the planting of trees; erect cattle fence or three lines of barbed wire on Wood Street; on the right hand side of Mass . Avenue going up Fiske Hill, raise the existing wall the proper height to correspond with the wall on the opposite side and continue as far as the ledge; plant trees as far as Fairview Ave. on Wood Street. Mr. Bashian would like to supervise the project and have the town pay him for doing so, and he also would like to 506 Cin cma) CZ to be reimbursed for the labor he has put in on the project to date. The Board informed Mr. Bashian that they would take the matter under advisement and let him know of any decision. The Board discussed the matter in private session and felt that the Town had already done more than enough work to recompense Mr. Bashian for any damages sustained on account of the construction of the new road. It was voted to inform Mr. Bashian that the Town would continue the work of completing the wall already started on Mass. Avenue, and take care of the culvert under Mass. Avenue. Extra work The Supt. of Public Works requested that the Board contract, sign a contract with the State Dept. of Public Works to Pleasant do the following extra work: Furnish in place 86 lin. Street. ft. of 1511 RC pipe at $1.40er lin. ft. Sta. 0+00 to 0+76,R. It is estimated that the cost of this work will be $120.40. The Board voted to sign the contract. The extra work is in connection with highway construction on Pleasant Street. The Supt. of Public Works read a letter which he had received from Mr. Eugene L. Morgan, the architect on repairs to the Stone Building. Mr. morgan stated that he owed seventy dollars ($70) balance on his 1934 taxes, and he had told Mr. Earle that he was doing some work for the Town for which he would be paid, and Mr. Earle told him that the payment might be applied to his taxes. Architect 's Mr. Morgan stated that according to the practice of the fee, Stone American Institute of Architect' s schedule he could not Building. tell the amount of his fee until he had the total cost of the contract. He enclosed a bill in the amount of seventy dollars ($70) for partial payment of his fee until the remainder was adjusted. The Board felt that it would like to know what the total amount of his bill would be before making partial payment. Mr. Gilcreast made a motion that the Supt. of Public Works be authorized to discuss the matter with Mr. Morgan and arrive at a fee and to pay same, but the motion was not seconded. The Supt. stated that he thought a fair fee for the work would be $75.00. The motion was made and seconded that the matter be left to the Chairman of the Board to settle with Mr. Morgan, and it was so voted. The Supt. of Public Works reported that there was a Pleasant balance of $1446.42 left in the 1934 appropriation for Street. the construction of Pleasant Street, and there are several other small jobs to be done in connection with the job which will amount to approximately $1,000. He reported that he had written a letter to Mr. Callahan of the State Dept. of Public Works asking why we were cut 30% on the Pleasant Street project instead of 15%. 507 The following bids were received for furnishing approximately 1500 feet of 16" water pipe for the job Bids on in Mass. Ave. from Child's Garage to Pleasant Street: Water pipe Warren Pipe and Foundry Co., Inc. $2.93 per lin. ft. ; R. D. Wood & Co., $3.014 per lin. ft. It was voted that the bid of the Warren Pipe and Foundry Co., Inc., be accepted. Mr. Trask reported that Mr. Kendall of the County New Layout Commissioners Office had advised him that the relocation of Water- of Watertown Street and the new layout would be ready on town St. Friday, June 14th. The Board voted to amend the Traffic Regulations so Traffic that a sign "No Heavy Trucking" might be placed on North sign, Street between Adams and Lowell Streets. North St. The Board voted that the Chairman should write the Amendment to Planning Board to the affect that the Board of Selectmen Zoning Laws, are in favor of amending the Zoning By-Laws to the end Removal of that the practice of removing loam for sale or profit be loam. abandoned, and to request the Planning Board to reply within one week. The Board instructed Mr. Trask to prepare a vote on Vote on the establishment of Rotary Traffic at the junction of Rotary Mass. Ave. , Pleasant Street, and Follen Road, and to Traffic. submit the vote to the Board on June 18th. The Supt. of Public Works reported that the Town Engineer redommended that an article be inserted in the Stone warrant for the next Town Meeting for the purchase of bounds, bound stones to be used in connection with Geodetic 'Survey. Geodetic The Supt. recommended that the cost of the bounds be added Survey. to the ERA expenditures on this project, and the Board voted to approve the Supt. 's recommendation. Mr. Trask stated that the Chief of Police had Request for requested that a traffic count be made at the corner of Traffic Woburn alnd Lowell Streets so that either one or the other Count. might be made a "Stop" street. The Board voted to approve the request. Mr. Trask stated that he had believed that there was Fence on enough fence stored at the Public Works Building to be Joy erected on the Joy property at East Lexington, but had property. found that there was only 230 feet available, so that it could not be used. Mr. Trask reported that Mr. Ross, Supt. of Water H.O.L.C. and Sever Dept. , had received a letter from the H.O.L.C. payment of stating that they had paid a water guaranty in the amount Arnold of $112.13 on the account of Grace R. Arnold, of Bridge guaranty. Street, not realizing that a water guaranty was not a lien on the property. The H.O.L.C. does not permit the 508 tn DO the payment of any bills which are not liens on property, and that corporation requested that the $112.13 be refunded. It was voted that the matter be passed. The Supt. of Public Works inquired what the Board June 17th wished to do in regard to June 17th, and it was voted to closing. follow the usual procedure on that day; that is, to close the Town Offices for the whole day. Article for The Supt. of Public Works reported that Fremont Street street was a very dark street, and he recommended that a street light, light be installed. The Board voted to insert an article Freemont St. in the warrant so that a street light might be installed on Freemont Street. Semonian The Supt. of Public Works reported that he had Bros. located the Semonian Bros. easement, and found that the easement. Town had agreed to put in a drain for 400 feet from Woburn street and maintain it. Trimming of The Board instructed the Supt. of Public Works to shrubbery. have the trees cut down at the corner of Maple and Lowell Streets, and also to ha#e the shrubbery cut down on the Park Drive. Letter was received from the Health Inspector reporting that Mr. E. K. Ballard had cleaned his brook and that the water was free from any vegetable growth. He also made the following reports: the cesspool at #444 Waltham Street has been cleaned out but has filled Report of up again and is running over, and the Inspector recommended Health a new cesspool; Mr. Black has not cleaned up the rear of Inspector. his property on Waltham Street; Goldie ?owell has complied with the order to clean up the manure; the dairies have all been inspected and a 1"roducers Permit granted to each producer. The following "No Dumping" signs have been posted: Ward Street, near the Jellis house; corner Grant Street and Hayes Lane; one near the B.& M. R.R. near the Master Service Station, and one on Kendall Road. Letter was received from the National Appraisal Co. Bill for stating that the field work on the appraisal of Town insurance property was completed, and the company is now engaged appraisal. on the office detail. In accordance with their agreement with the Town, a bill in the amount of $725. covering 50% of the total charge was enclosed. The Board voted to pay the bill from the Insurance Account. Letter was received from the Town Counsel with regard Town Counsel to the propriety of an appropriation to pay Anthony Ross on old Ross & Son for work done on the order of a prior Board of bill. Selectmen in excess of the appropriation. Mr. Wrightington advises that the Own would not be authorized to make an appropriation to pay the bill. 509 Letter was received from the Town Counsel with ref- ' renceto the letter which Mr. A. Ingham Bicknell had itten to the Lexington Co-op. Bank, stating that he Town Couns- ould not pass title on the Jannini property. Mr. el on rightington stated that he could see no escape from Jannini r. Bicknell' s conclusion. He stated that Michael property. aruzzo, husband of one of the Palermo heirs, had been in o see him and was very anxious to purchase the property. r. Wrightington suggested that the Town get in communication ith Maruzzo and see if he could give the Bank a good title. o action was taken. Letter was received from Roy D. Halloran, M.D. , Letter of Supt. of the Metropolitan State Hospital on Trapelo Road, thanks. Waltham, in which he expressed his thanks for the prompt attention to his request for improvements to Concord Avenue. The Edision Electric Ill. Co. and the New England 61. & Tel. Co. made application tc set one (1) pole on Relocations ork Street approximately 35 feet east of Woodland Road, of poles. nd to remove one (1) pole on York Street approximately 45 "t. east of Woodland Road; to set one (1) pole and remove Dne (1) pole on Waltham Street, approximately 240 feet north Df Grape Vine Avenue; and to set nineteen (19) poles and remove twenty (20) poles on Pleasant Street, southerly from a point approximately 200 feet south of Massachusetts Avenue. The Board voted to grant all three applications. Letter was received from Tracey W. Ames, Chairman, Request fol Troop Program Committee of the Sachem Council, Inc. of the appointment 3oy Scouts of America requesting that the Selectmen con- April 19th sider the appointment of a representative from that body Committee. for the 1936 19th of April celebration. The Board voted to grant the request. Letter was received from the Mass. General Hospital stating that Joseph E. Belcher of Adams Street, was admitted to that hospital on April 26, 1935, with a diagnosis of Lobar Pneumonia, and occupied the George 0. Smith Bed, Belcher as there were a few days left on the bed for this year. case, rhe letter stated that the patient was still at the hospital hospital, and the writer inquired if the local Board of bill. Health would be responsible for the hospitalization of the boy afterthe time was up on the George 0. Smith Bed. The Board voted to pay the deficiency on the bill. Letter was received from the Lovell Bus Lines, Inc. Lovell petitioning the Board for a permit to operate busses for petition hire from the Lexingtoh-Lihcoln Line over the new Concord for bus Highway tc the Arlington-Lexington Line . The Board voted line. to hold a hearing on the petition at the earliest possible date. 510con raz Quinlan Letter was received from the Middlesex County San- application atorium with application for admission of Thomas Quinlan for admission to that institution enclosed. The Board voted to to T.B. San. approve the application and signed same. Letter from The Chairman read a letter which Mr. H. J. Wood, Owner re: owner, had written to Dr. C. L. Blakely, with regard to damages to damages to his house on Bedford Street. Mr. Wood stated Blakely that he had waited for the Town to fix the house long House: enough, and instructed Dr. Blakely to have a carpenter fix up the outside and Mr. E. H. Mara do the inside, and to send both bills to the Board of Selectmen. The Board voted to take no action on the matter. Letter was received from the County Commissioners enclosing copy of a subpoena served on them with reference Shanahan to the claim for dasiages of Patrick J. Shanahan of claim for Lexington on account of the relocation of Pleasant Stteet damages. near Watertown Street. The letter stated that it was customary for the Town Counsel to enter an appearance for the Town and County in such matters, inasmuch as the Town was finally liable for damages. The letter requested that the Town Counsel enter appearance in the case. Letter was also received from the Town Counsel with refer- ence to the case. Mr. Wrightington stated that he would appear for the County Commissioners in the case. Letter was received from Representative Nelson B. Crosby to which was attached a reply from the Commissioner of Public Works tc a letter of his in which Mr . Crosby forwarded the Town' s objection to a fixed limit of $12,000. Chapter 90 for contract work under Chapter 90. The Commissioner Work. stated that in all cases where Chapter 90 money is to be extended this year, the Commissioners would consider whether or not the towns and cities are equipped to do the work with their own forces. Each case, regardless of the amount of money involved, will be decided on its merits, upon the receipt of a report from the District Engineer. Mr. Crosby stated that, as a result of the meeting held on Thursday, June 6th, of the County Commissioners and Selectmen' s Associations, it might be well not to hurry on this wort, as it is believed that there might be more money available than the Dept. of Public Works advises. Notice was received from the State Dept. of Public Works to the affect that applications for renewals of Billboard permits to maintain existing billboards in Lexington had applications.been received as follows A sign 8 x 8 feet, filed by Lexington Lumber Co. and located on the north side of Marrett Street, 3/4 mile west of Lincoln Street, on land of William P. Martin; A sign 50 x 12 feet, filed by John Donnelly & Sons and located at 11-19 Mass. Ave. on lot, East Lexington. I 511 Letter was received from the Town Counsel with ref- erence to these applications. He stated that the Town I II had made no objection to the billboard of the Lexington Iumber Company, but had objected for some time to the onnelly Co. billboard. He stated that the Town had never rought suit to compel the removal of this sign, but by orrespondence with Donnelly's attorney, he preserved Billboards. he rights of the Town to take permanent action. At that ime the law was in such a state that it seemed inadvisable o attempt to remove the sign, but the situation is now different. There is pending in the Legislature a new statute which may throw out all calculations. Mr. Wright- ington requested that the Selectmen notify him what action i hey wished him to take this year with respect to these two applications. The Board voted to approve the application filed by ,he Lexington Lumber Co:, and to object to the application 'Filed by John Donnelly & Sons, and to notify the Town Counsel to this effect. Letter was received from the Health Inspector with reference to the Acquaro cesspool. The cesspool fills up and backs up into the cellar, and Mrs. Aquaro informed Mr. Stevenson that she had no money to build another cess- pool. He stated that the Lexington Co-operative Bank 11held the mortgage on the property, and suggested that the Aquaro Bank do something to remedy the situation. cesspool. Letter was received from the Lexington Co-operative Bank stating that it did not feel that the Bank was called upon to take any action regarding the condition of the cesspool, as the matter was entirely the business of Mr. Aquaro. The Board voted to order Mr. Aquaro to abate the nuisance by July 1st, 1935. Letter was received from the Secretary of State to ,he affect that that office had received application for certificate of incorporation under the name of the Character International Institute of Boston, Inc. to provide a of ;enter for information, service, education, and assembly Hugh D. 'or the use of people of all nationalities, international McLellan. 'ellowship., etc. One of the officers is Hugh D. McLellan, 45 Percy Road, Lexington, and the Secretary requested that ,he Board furnish a statement of facts with reference to Mr. McLellan's character. The Board voted to advise the Secretary that r. McLellan was of excellent character and that they .-..pproved the application. Letter was received from the Clerk, Board of Registrars, Appoint- ' stating that at a meeting held on June 5th, George M. ment of Davis of 64 Woodland Road, was elected Chairman for the Chairman, ensuing year. &d of Reg- istrars . 512 CC Rates on Letter was received from the Acting State Director, PWA grants PWA, stating that applications for grant only were now and loans. being accep ed; that grants would be 45% of the cost of the project; that on loans and grants the interest rate for loans from the Govt. had been fixed at 4%; and to indicate on any application whether application was for grant only or loan and grant. No action was taken on the matter. Supplementary project for continuing the ERA sewing project at an estimated cost of $11,319.05 was approved. An ERA project to supply workers for repairs at the New and Watertown Arsenal, at an estimated cost of *5565. was Supplemen- approved. tary ERA An application for an ERAproject for the supervision projects. of athletic sports, gymnastics and tennis at the Center and East Lexington Playgrounds was submitted to the Board for approval. The application called for the employment of four instructors, and inasmuch as the Board had approved the employment of only two instructors, no action was taken on the application. An application for an ERA project to put reinforced concrete curbing around the track at the Center Playground was received, and no action was taken on the matter. Check Mexican Letter was received from one Jesus Ponce, Mayer, of a propaganda. city in Mexico requesting that the Board do all in its power to check propaganda against the Mexican Government. Letter was received from the Town Clerk to which was Unlicensed attached list of owners of dogs not licensed as of even dogs. date which he was referring to the Board in accordance with Section 151A, General Laws. The Board voted to turn over to the Dog Officer the list as presented, with a warrant. Water and sewer abatements in the amount of $275.65 were signed by the Board. The following permits were granted Colonial Garage, Inc. 1868 Mass. Ave. - Overhanging Sign U U U tt U U A Permits 4os. Breck & Sons, Inc. - Off Mass. Ave. - Common Victualler. Grants. The Overhanging sign permits were granted subject to the approval of the Building Inspector. Application was received from Alice Sheffres of 14 Lisbeth Street for a Junk Collector's License, and the Board voted not to approve the application. Application was received from Louis Palermo of Bow Street for a Sunday Sales License, but inasmuch as the business is not established, the application was not approved. 513 Patrolman Letter was received from the Chief of Police stating Barry - day that for excellent work he had given Patrolman John M. off for ex- Barry one day's vacation with pay. cellent work The Board voted to authorize the Chairman to write the Middlesex and Boston St . Rwy. Co. requesting that the Change in bus stop oh Mass. Avenue be changed from the westerly side bus stop, of Slocum Road to the easterly side of Slocum Road. Slocum Rd. The following bids were received for shingling roof and repairing gutters at the Stone Building, East Lexington: Custance Bros. Inc. $423.00 Bids on Walter Black 487.00 Roof, Stole M. Bowman Judkins 495.00 Building. It was voted to accept the bid of Custance Bros., Inc., the lowest bidder, for $423.00. The Clerk reported that Dr. Wells had requested aid for the Young family on Avon Street. There are four Board of children ill with scarlet fever, and the house is Health - quarantined, therefore the family becomes a charge of the Young Aid. Board of Health. Dr. Wells recommended that the Board supply food and medicine for the family, and the Welfare Agent reported that the allowance for food should amount to $12.00 per week. The Board voted to grant aid to the family in the amount of $12. per week. Mr. Mitchell repated that Mr. & Mrs. Elisha Otis of Increase in Mass. Avenue are receiving Old Age Assistance, and Mrs. aid, Mr. & utis has had a shock. The State Bureau recommended Mrs. E.Otis that aid in each case be increased from $6.00 per week to $7.00 per week, and the Board voted to approve the recommendation. Mr. Mitchell reported that Mrs. Ellen Cohen of Watertown had been on the Old Age Assistance rolls of Cohen, Old that town for a year or two, and had come to Lexington to Age live with her neice. Mrs. Cohen has made application Assistance. for aid, and Mr. Mitchell has already allowed her $7.00 and recommended that she be given aid not to exceed $7.00 per week. He stated that Mrs. Cohen had a Con- cord settlement. The Board voted to approve the recommendation. Mr. Mitchell reported that Mrs. Mary E. Langley had made application for aid, Her husband has been receiving Welfare aid during the past three months. Mr. Langley Mitchell recommended that Mrs. Langley be aided to the Aid. amount of $5.00 per week in addition to the $5.00 which her husband receives on Welfare. IMr. Mitchell reported with regard to the case of Mrs. Mary Ferry, whose daughter, Anastacia, is subject to epileptic fits. The Town Physician recommends that the 514 u' girl work no longer. The Welfare Dept. has been aiding Ferry Aid. the tWo women in the amount of $5.00 per week, and Mr. !I Mitchell recommended that the aid be increased to the amount of $7.00 per week. The Board voted to approve the recommendation. Mr. Mitchell reported that it is the policy of the Payment of State. Department of Public Welfare to pay taxes if nec- taxes by essary for family shelter. Mt. Potter recommended that Welfare the Welfare Agent bring the matter of taxes before the Dept. Board in cases where he thought it necessary, and the Board might then refer the matter to the Board of Assessors for abatement. Mr. Mitchell reported that he had been aiding John E. Barnes ' family in the amount of $9.00 per week. The John E. H.O.L.C. has informed Mr. Barnes that it would be willing Barnes Aid. to accept $19.96 interest on loan during the period that Barnes is not working. Mr. Mitchell inquired if the Board wished to pay this interest, and the Board advised Mr. Mitchell that nothing would be done in the matter until the H.O.L.C. started foreclosure proceedings. He could then bring the matter to the attention of the Board. Mr. Mitchell reported that the E.R.A. Administrator Pero request has given Norman Pero's step-son work so that he is now for aid. earning $12.00 per week, which will take care of the boy and his mother. Pero is living with his daughter. Mr. Mitchell took up the case with the State Dept., who saw reasons why aid should be granted if the Board wished to grant it. Dr. Hardcastle is in sympathy with Pero, as he feels that he is unable to work. The Board voted that the matter be laid on the table. The Welfare Agent reported that Welfare has dropped down about forty (40) persons over the previous month. The meeting adjourned at 11:10 P.M. A true record, Attest: Q p fa-c---"t" Clerk: