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HomeMy WebLinkAbout1935-09-2472 C" y SELECTMEN'S MEETING SEPT. 24, 1935. ' A regular meeting of the Selectmen was held in the Seledtmen's Room, Town Office Building, at 7;30 P.M. Messrs. Ferguson, Lyons, Gilcreast and Potter were present. The Clerk was also present. A bill in the amount of $9.00 was submitted by Damage to Charles Allen of Farm Crdst Avenue. During the con - Allen's struction of Farm Crest Avenue, the steam shovel excavated car, in the street to such a depth that Mr. Allen could not enter his driveway and was forced to leave his car out on the street. Another car ran into Allen's causing damage to the extent of $9.00. The Board voted to approve payment of the bill. Letter was received from the Secretary of the Approp- Meeting, riation Committee advising of a meeting to be held on Approp. Thursday evening, Sept. 26th, and inviting the Board to be (Committee. present. The Committee would like in particular a list of the projects which have been submitted under the W.P.A. program and also a list of the projects which had been submitted under the P.W.A. program. Accountant's The Board again discussed the matter of supplying the ' reports to Taxpayers' Association each month with the report which Taxpayers' the Town Accountant makes up, and voted to authorize Assoc. Mr. Russell to supply the Taxpayers' Association with a copy of the report in full each month. Mfg. of The Board voted to approve the application of James ice cream H. McManus, Inc. for a license to manufacture ice cream license. at the rear of 316 Marrett Road, The Chairman reported that he had viewed the lot owned by Colwell Brothers at the corner of Simonds and Colwell Preston Roads and reported that the site of the proposed Brothers garage was satisfactory to Mr. Mulliken who had objected Garage. to it previously. The Board therefor voted to approve the application to maintain a garagd at this location subject to the approval of the Building Inspector. Letter was received from the County Commissioners Meeting, advising that there would be a meeting at the Court Court House, East Cambridge, on Thursday, Oct. 3rd, to dis- House* cuss matters pertaining to highways. The letter requested that the Town be represented at this meeting to state the town's requests for aid for the year of 1936. The Board voted to request the Supt. of Public Works to ' be present at this meeting and to present requests for probable Chapter 90 work in 1936. 73 The Board voted to appoint Lawrence G. Mitchell its Appointment Letter was received from the State Dept. of Public Health stating that the matter of subsidy in the case of Moran ' Nora Helen Moran had been taken up with Mrs. Whittemore Subsidy and as the patient had no legal settlement in Lexington, claim and the State could not allow subsidy. Notice of disallowance abatement was sent to the Board in 1932. In view of this fact, the Survey Board voted to abate the claim for subsidy in the amount layout. of 0199.50 against the State Dept. of Public Health. App}ication was received foV the transfer of a Peddler's Peddler's license from Carl Nici to Dan K. McLean, and License. ' the Board voted to approve the transfer. The Board voted to appoint Lawrence G. Mitchell its Appointment agent to sign certificates of eligibility for Soldiers' of Agent. Relief 'and Public Welfare persons working on W.P.A. The Chairman reported that Mr. Willibm B. Green of Fern St., Fern Street had spoken to him with regard to the Board of Bd. of Survey Layout of that street. Survey The Board voted to hold the matter over for one week. layout. Mr. S. R. Wrightington appeared before the Board to discuss the matter of the Ryder drainage cases. He stewed that in 1931 the Ryders had started three actions against ' the Town for $50,000. each'in reference to Vine Brook drainage. About a week ago, Mr. Wrightington received a telephone call stating that the cases would be ready for trial the next morning but he succeeded in having them held up. Mr. Wrightington had appointed Mr. Arthur Harding auditor. Mr. Harding has sat on drainage cases before and will serve without extra compensation. The trial will start November 18th, 1935, and will go on until finished. When he was notified that action was to be started, Mr. Ryder Wrightington talked with Mr. Cosgrove who informed him Drainage that the Town was planning to construct a drain as a P.W.A. suit. project, from Hayes Lane to Marrett Road and that this drain would take care of the Ryder property. Mr. Wrightington asked Mr. Trask about the matter and Mr. Trask stated that he thought that the Board would be calling a Town Meeting soon to provide money for this project. He relayed the information to the Ryder's counsel thinking that they would delay action, but he stated thtt this did not make any difference, they would go ahead with the damage case anyway. The Town holds title to all of the Ryder property at the present time. All of the petitions but one have been filed and this one was defective. It seems that in describing the property the first figure on two lots was left off. The declarations in the three cases are identical. ' 1.The Ryders`claim that the culverts under Vine Brook Road and Mass. Avenue are too small and too low. 2. The Ryders claim that in the construction of the Cary Memorial Building, building materials were placed i 74 Ryder Drainage Suit. so near to Vine Brook that the stones were pushed together and stopped the flow of the brook. 3. Diversion of surface drainage. Robert L. Ryder stated that the diversions were as follows: (a) Mass. Avenue from the Green down. (b) A small wet space back of Winthrop Road which has an outlet near Highland Avenue and which carries water into Vine Brook. Mr. Ryder claims that the water originally went. under Mass. Avenue to the triangle owned by Daniel J. O'Connell. (c) The drain put in Parker and Clarke Streets near the playground has diverted surface water. (d) In the construction of Waltham Street (the last time it was rebuilt) catch basins were put in with outlets on the Ryder land. (Mr. Wrightington .stated that this was true, and that Mr. T.A. Custance had obtained permission to do this at the time from C. W. Ryder but he did not know just how Mr. Custance would testify on the matter). Mr. Wrightington stated that in the const.rue.tion of streets.if surface water is diverted onto private lands, the owner must file a claim for damages within one year, and in this case more than one year has already elapsed. He stated that he has no copies of records or plans regarding the construction of the Mass. Avenue culvert and did not know if there were any in existence. He stated that the Metcalf and Eddy report is available and that Mr. Raymond, Engineer for that company is familiar with that whole area. Mr. Raymond is busy in Beverley at the present time, but will be through in about one week and will then come to Lexington and will be ready to testify for Mr. Wrightington. Mr. Wrightington stated that he would have to have expert testimony and that he would have -to have the abrvicea of -,-a stenographer but that he would try to have Mr. Owen, yderts lawyer, pay one half the stenographer's bill. The Board voted to authorize Mr. Wrightington to secure Mr. Raymond's services and to engage a stenographer. The Board voted to approvd the application of Mrs. Elizabeth Burton of Francis Street, for permission to board two infants. The Chairman read an item from the Selectmen's Records of October 2, 1934,. which stated that Mr. J. Alexander Wilson Wilson had appeared before the Board and stated that he was property, awarded'-- $140. for 12,500 feet of land taken on accomt or tre Pleasant St. relocation of Pleasant Street. He felt that this was not a fair amount and the Board informed Mr. Wilson that they would view the property and let•him know what they decided in regard to the matter. The Board voted to instruct.the Supt. of Public Works F- L 1 1 L n to discuss the matter of damages with Mr. Wilson and report at the next meeting. The Board signed sewer order for sewer in Vine Street, a,s follows: COMMONWEALTH OF MASSACHUSETTS. Middlesex, ss. Town of Lexington. The Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners under the authority conferred upon them by G.L. Ch. 83, Sec. 1 and by Statute 1897 Ch. 504 and acts in amendment and in addition thereto and byvirtue of every other power them thereunto enabling, do hereby lay out a main drain and common sewer in Vine Street, Lexington, from the main outlet a distance of 130 feet northwesterly, substantially in accordance with a plan made by John T. Uosgrove, Town Engineer, dated Sept. 23rd, 1935, and entitled 'Plan of Proposed Sewer in Vine Street, Lexington, Mass., Scale 1 in. - 40 ft., Sept. 23, 1935, John T. Cosgrove, Town 'Engineer", and order that the same be constructed of 8tf Vitrified Clay Pipe for a distance of 130 feet. Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvdment is described as follows: That portion of the property on the northeasterly side of Vine Street as shown upon the plan hereinbefore refdrred to which is designated in the schedule hereto annexed and made a part hereof. We estimate the betterment that will be assessed upon this parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 24th day of September, 1935. Charles E. Ferguson Selectmen John A. Lyons of the William G. Potter Town of John E. Gilcreast Lexington 75' Vine St. Sewer Order. 76,. E.R.A. Report. COMt1 OMVEALTH OF MA S SA CHUSETT S Middlesex, ss. Town of Lexington Sept. 24th, 1935. Then personally appeared the above named, Charles E. Ferguson, John E. Gilcreast, John A. Lyons and William G. Potter, and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, Robert P. Trask, Notary Public. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. VINE STREET. Owner as of January 1st, 1935. Approx. Assessment, Bridget Leary $185.00. The E.R.A. report for the week ending Sept. 19, 1935 was received. Letter re Mr. Trask reported that Mr. Glidden had suggested employment that a letter be written to Senator David I. Walsh asking at Water- him to assist in any way possible so that the dozen or town so Lexington citizens now employed under the E.R.A. at the Arsenal. Watertown Arsenal might be given continued work at the Arsenal, should a W.P.A. project for such work be approved. The Board approved writing such a letter and the Chairman stated that he would write to Senator'Walsh. Ir C n The Board voted to renew through the office of Mr. Insurance. E. B. Worthen, fire insurance under blanket schedule in the amount of 30,000, expiring on October 18th, 1935. The Board voted to renew through the office of Elmer A. Lord & Co., fire insurance under blanket sehedule in the amount of 31,000. expiring on October 12th, 1935. Use of The Supt. of Public Works reported that he had re - hall by ceived a request from the Girl Scouts for the use of Esta - Girl brook Hall on November 5th, 1935, for an institute. The Scouts. motion was duly made and seconded that the use of the hall be given free of charge, and it was so voted. The Supt. of Public Works reported that he had Use of received request from the Lexington Police Relief Assoc - Hall by iation for the use of Cary Memorial Hall on November 20th, Police 1935, for an entertainment and ball. The motion was Relief duly made and seconded that the use of the hall be given Assoc. free of charge, and it was so voted. Letter re Mr. Trask reported that Mr. Glidden had suggested employment that a letter be written to Senator David I. Walsh asking at Water- him to assist in any way possible so that the dozen or town so Lexington citizens now employed under the E.R.A. at the Arsenal. Watertown Arsenal might be given continued work at the Arsenal, should a W.P.A. project for such work be approved. The Board approved writing such a letter and the Chairman stated that he would write to Senator'Walsh. Ir C n The Supt. of Public Works reported that he would like to recommend that Sergeant John Rycroft be given ' two or three days off with pay on account of his excellent work on the Spencer case. R.Aymond Spencer of Woburn Street had assaulted two girls in North Lexington and had escaped before the Police reached the spot. Spencer had been working for the Town on Watertown Street and appeared on the job the morning after the assault with a lame hand and Rycroft hoted this. He disappeared for a few days and Rycroft continued working on the case even though it was his vacation and lost three days and part of two nights doing so. Spencer was arrested, taken to Court, convicted, and given a six yearst sentence. The motion was duly made and seconded that Sergeant Rycroft be given three days off with pay with the commendation of the Board for his excellent work, and it was so voted. 1 The Supt. of Public Works reported that Miss Avis Weldon had been employed by the Highway Department two days a week but that this was not sufficient inasmuch as Mr. Paxton had a great deal of work to be done preparing permanent records, etc. The Supt. therefor recommended that a permanent girl be employed by the Supt. of the Highway Department, her salary not to exceed $12.00 per week, and the Board voted to approve the recommendation. The Supt. of Public Works presented to the Board a Plan of Watertown Street and Green Lane. He stated that there was already a cross-over on Watertown Street at a point about where the new street leaves the old one, but that probably Mrs. Hatch will want water in Green Lane which is bound to be a new street. He recommended that a cross-over be installed at the corner of Green Lane and Watertown Street, and the Board voted to approve his recommendation. The Board again discussed the request of S.P.Shalna that a street light be installed on Lawn Avenue near the Jesiunas house. Mr. Trask reported that the Street light would have to be on the new Concord Turnpike near Lawn Ave. to do any good. The Board voted to take no action on the request inasmuch as it would be benefitting an unaccepted street and would not be a benefit to the general public but to an individual only. Rycroft work on Spencer arrest. Clerk for Highway Departmeni Cross-over at Green Lane and Watertown Street, Street Light. The Chairman spoke to Mr. Trask about settling dameg a Pleasant claims on Pleasant Street and the Board voted to instruct Street Mr. Trask to get in touch with Messrs. Shanahan, Wilson damages. Walsh and Mrs. Hatch and discuss the matter of damages with them and report at the next meeting of the Board. Mr. Trask reported that one of the State Engineers called at his office this morning. This Engineer was to have charge of a part of the construction of the sidewalks MOO V to be built by the State, including Bedford Street. He Sidewalks* stated that he thought Norman Hooper was going to be in charge of the construction of sidewalks on Marrett Road. Mr. Trask stated that he thought the State was planning to build sidewalks on the new Concord Turnpike, and the Board agreed with Mr. Trask that it would be more important to have the sidewalks built on Marrett Road, Mr. Trask reported that he was asking for one more W.P.A. W.P.A. project. Mr. Paxton was anxious to have some new project. sidewalk plows so he had submitted a project for six,new plows, the Town to furnish the materials and the W.P.A. to furnish the labor. Refunds. Excise Tax Refunds in the amount of $7.71 were signed. Health Report of the Health Inspector was received and read Repo#yt by the Board. The following water liens were signed by the Board: Water Daniel J. OtConnell- - Mass. Avenue - $1.95 Liens. John H. Gartland - Adams Street - 12.42 Robert C. Meriam - Stetson Street - 3.75 The report of the Supt. of Public Works for the Report. week ending Sept. 21st was received by the Board. The meeting adjourned at 8:35 P.M. A true record, Attest: Clerk. C31 y 11 1