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HomeMy WebLinkAbout1935-10-22 110 Ct SELECTMEN' S MEETING OCTOBER 22, 1935. 1 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, at 7 30 P.M. Messrs. Ferguson, Lyons and Potter were present. The Clerk was also present . Mr. Patrick J. Shanahan and Lir. Francis E. Burke, Attorney, appeared before the Board to discuss the matter of the land taken from Mr. Shanahan on Pleasant Street. Mr. Burke stated that the following areas were taken from Shanahan Parcel #1. On the easterly side of Pleasant Street in Shanahan front of the Shanahan property - an indefinite land area for which the Town has offered <$125.00. damages. Parcel #2. 4350 square feet for which the Town has offered $30.00. Parcel #3. 1275 square feet for which the Town has awarded no damages. Mr. Burke stated that Mr. Shanahan was concerned most with the property in front of his house where the Town has taken part of his lawn. Mr. Burke stated that he felt that $1000.00 would be a suitable figure for the Town to pay for the three pieces of property and that he was submitting this figure to the Board for its consideration. He stated that he would like the Board to make a compromise offer. The Chairman stated that the Board had not discussed the matter of damages at all. Mr. Potter inquired if Mr. Shanahan had any idea of the number of square feet taken in the indefinite area and Mr. Shanahan replied that he would say that it was approximately 1400 square feet. Using this figure, it would mean that the Town was taking approximately 7025 square feet in all. Mr. Shanahan stated that all of his property was assessed for $300.00 per acre. The Chairman inquired what the lowest price was that Shanahan would accept and after some deliberation, Mr. Burke replied that the rock bottom figure would be $500.00 provided the Town would agree to assess no betterments. The Chairman advised Mr. Burke and Mr. Shanahan that the matter would be taken under consideration and that they would be advised of the Board' s decision and they retired. The Board discussed the matter with the Supt. of Public Works . The Chairman stated that he did not see how the Board would be justified in paying Mr. Shanahan the sum of $500.00 for approximately 7000 square feet of land when it had agreed to pay J. Alexander Wilson only $200.00 for 12,000 square feet of his land, although he realized that the Town had improved Mr. Wilson's property by building a retaining wall. The Board felt that IIr. Shanahan was entitled to three cents per square foot for the land and voted to offer him $350.00 and finally go as high as $400.00 if it was nec- essary. The Board felt that Mr. Shanahan was entitled to 111 this amount as he had agreed to forego the construction of the stone wall on his pasture land and be content with a cattle fence which did not cost anywhere near what the wall would have cost. The Board authorized the Supt. of Public Works to settle the matter with Mr. Shanahan as best he could up to the sum of $400.00. Mr. Francis E. Burke informed the Board that although Burke he had taken out nomination papers for Tax Collector, that withdrawal, he had decided not to run for the office. Tax. Coll. Mr. Albert Iodice and Mr. Ralph White of 60 Woburn Street appeared before the Board and requested that they be riven a Third Class Motor Vehicle Junk License. Iodice stated that he and his partner went to wherever 3rd class a car was to be cut up and did the work wherever the car motor ve- might be and that they did not keep the junked cars there hicle junk any length of time . license. The Chairman advised the young men that the Board had no right to grant such a license as Woburn Street is in a residential area. He also advised them that if they were located in a business area that it would be necessary to have a hearing before the Board of Arpeals before such a license might be granted. Mr. Everett S. Emery and Mr. Howard Munroe appeared before the Board to discuss a mosquito pest control project 11 II which they desired for the Winning Farm property near the Woburn line. Mr. Emery stated that the Winning Farm was a Charitable Home for the needy children of Boston and that Mosquito during the summer there are from thirty-five to forty Pest, children there all the time . He stated that there was a Winning swampy area on the farm which was infested with mosquitoes. Farm. The men had walked through the swamp with boots on and they felt that if it was deepened that it would make a very material difference in the pest. The Trustees had taken up the matter with the Winchester and Woburn officials who halve not refused to do anything but are waiting to see shat Lexington is going to do in the matter. The Chairman asked Mr. Trask if the Town had an E.R.A. Mosquito Fest Control Project now, and Mr. Trask replied in the negative. He also stated that the time for submitting a W.P.A. project this year has elapsed and all projects submitted to date are to extend through July, 1936. Mr. Emery inquired if the Town had any funds which it might put into the project and the Chairman advised him that it did not. Mr. Lyons asked what it would cost to do the work and Mr. Trask stated that it would depend on the amount of excavation. There are about 1000 square yards over the whole area. Mr. Trask stated that it would also be nec- essary to rip-rap and that if the rip-rapping were not done, that the excavating would be a waste of money. The Chairman stated that it was not necessary to do anything on the matter at the present time and if in the Spring there was an opportunity to submit to the W.P.A. 112 ci 0.4 authorities such a project, that the matter would be given $'24 consideration. Mr. Trask stated that he had already received a number of applications for this kind of a project from property owners living near the center of the Town, and he thought that there would be a great deal of comment if the Board did the work on the Winning Farm which is on the outskirts of the Town. Mr. Harry Pierce of Farm Crest Avenue appeared before the Board and wanted to know what the Town was going to do Fierce about his boiler which collapsed when the water was shut Boiler off. He stated that the safety valve was a Donnelly valve. Collapse . The Chairman informed him that the Plumbing Laws re- quired that proper fittings be installed and that if this were not done he did not see how the Town could be held responsible for any damages which were caused due to a defective valve. Mr. Pierce informed the Board that he would take the matter to Court and make a test case of it. Mr. William S. Seaman appeared before the Board with regard to the Ahern and Pichette sidewalk betterment assess- ment. He stated that when Grant Street was being built, a portion of the side of the street was very low and the Town did not have the money to fill it in. Ahern and Pichette came to Mr. Seaman and stated that they had a chance to get some fill and Mr. Scamman told them to go ahead and put Pichette it in Grant Street and to bill the Town later. He did not & Ahern recall Ahern and Pichette submitting such a bill and after- Sidewalk ward when he found out that they had not paid their side- Assessment.walk betterment assessment for the sidewalk constructed on Mass. Avenue at the corner of Independence Avenue, he suggested that the charge for the fill be used to off-set the sidewalk betterment assessment. Both parties agreed to this, but the Town Accountant refused to take the better- ment assessment off his books . Mr. Scamman retired and the Board discussed the matter in private session. The Chairman read a letter which had been received from the Town Counsel in which Mr. Wrightington stated that he had concluded that since the oral agreement to pay for the sidewalk assessment was more than six years old and since Ahern and Pichette claimed another oral agreement to off-set against it the value of filling dumped by them in front of their own land on Grant Street at about the same time and since the amounts involved were practically the same, he recommended that the two items be off-set against each other. The Board voted to approve Mr. Wrightingtonts re- commendation. Mr. Wrightington stated further that the Town has a claim on a water guaranty against Ahern and Pichette and he was about to bring suit against them on this claim. Mr. George H. B. Green, Jr. again appeared before the Board to ask if Mrs . Green needed a license to act as a personal agent for artists of various types . The Chairman advised Yr. Green that if his wife did 113 come within the scope cf the Act that she would have to conduct her business in a business area. Mr. Green stated that he did not think his wife was conducting a business, but that he would inquire further Mr. Green and that if she were, he would apply to the City of License . Boston for a license as if it were necessary, Mrs. Green might use his office as her ,usiness address. The Board voted to approve the action of the Supt. of Public Works in closing the Town Offices the whole after- Closing noon on October 15th in respect to the memory of Mr. Byron Offices . C. Earle. Letter was received from Mr . Edward L. Casey, State Director of the National Youth Administration, stating that National his office was ready to offer its services to the un- Youth employed young men and women in the community for the Admin. developing of projects . The Board voted to take no action on the matter. Letter was received from the Town Counsel with refer- ence to a guaranty bond for the Valley Road extension signed by McNamara, Bonbach, McHugh and Smith. Mr. Wrightington brought suit, and McNamara and Bonbach de- faulted. McHugh appeared by counsel and Smith is dead and Valley was not made a party. NIr. Wrightington stated that the Road extension had been completed before the bond was signed Extension and that those who appeared as sureties should have signed Suit. separate bonds as principals . Under these circumstances he recommended that the claim against McHugh be abated so that he might discontinue the action against him and get judgment by default against McNamara and Bonbach. The Board voted to approve Mr. Wrightingtonts re- commendation that the McHugh guaranty in the amount of $116.12 for the Valley Road Extension be abated. The Board voted to approve the petition of the Edison Elec. Ill. Co. e. the New Eng. Tel. & Tel. Co. for joint relocations of the following poles - Pole Waltham Street, at the south corner of Farm Crest Avenue- Location. Set one pole and remove one pole. Waltham Street, at the north corner of Farm Crest Avenue- Set one pole and remove one pole. Letter was received from the Secretary of the Appro- priation Committee which stated that that Committee had Transfer. voted to make a transfer of >75.00 from the Reserve Fund to the account for the Supt. of Public Works . Letter was received from the Highway Traffic Research Bureau which stated that a traffic count had been made at Traffic the intersection of Woburn and Lowell Streets on Sunday,' Count.August 25, 1935 from 1 to 7 P.M. The count showed that the t volume oraffic on Woburn Street (Route #126) was very much higher than the traffic on Lowell Street. 114 01 y 1.4 The Supt. of Public Works reported that he had received an approval from the State Dept. of Public Works making Woburn Street a stop and enter street at this point, and that he had ordered the stop signs. Committee, Letter was received from the Town Clerk advising the Cary Board that Moderator Holt had appoAn+ed Mrs. Frank H. Sheldon, Lectures. and Mr. Philip M. Clark, who, including himself, are to serve as a Committee in charge of the Cary Lectures. Letter dated Oct. 17 was received from the Supt of Public Works which stated that on that date, ten days after his bill had been presented for 3/4 of the total amount of the contract on the alterations at the Stone Building, Walter Black had not Black' s yet completed 3/4 of the work. Mr. Trask stated that there bill for was no excuse for the work not being done within 48 hours. work at The Clerk reported that in accordance with instructions Stone received from Mr. Trask on October 21st, the bill had been Building. put through for payment. The Supt. of Public Works reported that nothing had been done in the reading room of the branch library, that the floors and sides were to be painted and that there was a radiator to be connected. The Board felt that inasmuch as there was nothing in the contract stating that payment was to be made when a por- tion of the work had been completed, that there was no rea- son for paying the bill and voted to have it removed from the Warrant, and to advise Mr . Black that the bill would be paid when the work on the interior had been completed. The Health Inspector's report on the Grieves ' property on Audubon Road was read by the Chairman . The Health Inspector had called on Mr. Chadwick who resides opposite Hannam Grieves, and he stated that the dogs did not disturb him in Complaint any way. Mr. Stevenson stated that the yard and building re dogs. where the three dogs were housed were clean and it was impossible to detect any odor whatsoever. The Board voted to request the Health Inspector to make a report of the conditions on the Grieves ' property and state whether or not there was a nuisance so that the County Commissioners might be advised. The e Chairman reported that Mr. Fletcher Taft had called him with regard to having a referendum vote on the High Referendum School project and he stated that Mr. Wrightington was will- on ing to draw up the form of petition if the Board did not High Schoolobject. Project. The Board felt that the voters had a right to hold a referendum if they wished to and they would not object to the matter. Letter was received from Catherine Allcock of 152 Follen Road protesting against a sewer assessment in the amount of $145.99 and a water assessment in the amount of $90.00 for property owned by her on Pinewood Street. She stated that the property assessed was used merely for a garden and that 115 they would not have any use for either the water or the sewer. The Board voted to advise Mrs. Allcock that when a sewer or water main was extended that it had no alternative other than to assess 'retterments and that it would be necessary for her to pay the bills. Letter was received from the Commonwealth of Mass. stating that there was to be a public hearing relative to Hearing the discharge of sewage into Boston Harbor on Friday, on October 25, 1935. Sewage. The Board felt that it would not be necessary to be represented at the hearing. Letter was received from the Town Accountant stating that Patrick J. Maguire had submitted a bill in the amount of $150.00 for services as Dog Officer for the year 1935. Salary of The Accountant stated that the amount of 0.00.00 was allowed Dog for Laid salary in the Dog Officer's budget, and the 850.00 Officer. was set aside for the services of a Special Dog Officer. The Accountant stated that if he was correct in his under- standing that it was the intent of the Board to allow the Dog Officer a salary of $100.00 for the year 1935, he would suggest that the salary be established by vote of the Board. The Board voted to establish the salary of the Dog Officer at $100.00 for the year 1935. The following commitments were signed: Water Services 206.83 Commitments Sewer " 125.26 Letter was received from Francis J. Kelley, Attorney, in which was enclosed a receipted bill for the Arnold water guaranty on Bridge Street which was the property of the H.O.L.C. Mr. Kelley requested that the Board send him a Arnold check in the amount of $112.13, rebate on the guaranty which Water he paid in error. Guaranty. The Clerk reported that Mr. Kelley had stated that when the refund was made, the H.O.L.C. would deduct the amount from its mortgage and if the amount had been deducted, that Arnold would return the duplicate receipt which he now holds. The Board voted to inform Mr. Kelley that the refund could not be made until the duplicate receipt had been re- turned. The Chairman reported that William Meadows had been unable to make any arrangements for the care of his children. Meadows Inasmuch as his examination and that of his children will case. be completed to-morrow, the Board voted not to take any further action until the result of the examination had been received. The following Election Officers were appointed for the ensuing year 116 y TELLERS APPOTTTED Oct. 22, 1935 gad PRECINCT ONE D Allan MacGilvray R Hales L. F . Jones D George F. Stygles R Arthur W. Hughes Election PRECINCT TWO Officers. R Harry G. Frost D Edward McGrory R Elizabeth Nourse D Madeline J. Corbett PRECINCT THREE R Esther Graham D John J. McCormick R Edward B. O 'Connor D Henry Meade PRECINCT FOUR D James J. Waldron R J. Everett Cumming R Carl Hauck D Lillian R. Kearns The Chairman reported that upon further investigation, he and the Supt. of Public Works had decided that the installation of 700 feet of drainage in Waltham Street and Highway surfacing of 700 feet of the road was the most import- work on ant work that might be done under the provisions of Waltham Chapter 464 of the Acts of 1935 rather than the installa- Street. tion of drainage on Bedford Street which the Board had previously approved. The Supt . of Public Works had sub- mitted the Waltham Street project and the Board voted to approve the action of the Chairman in authorizing the submission of the project. The Clerk reported that Mr. Alfred H. Edkins of Hamblin Street had requested that the Board give further consider- ation to the street light which had been changed from in Street front of his residence to the corner of Bellflower Street, Light. and that he had suggested that a street light be installed on the pole opposite a hydrant which was about 100 feet from his house. The Board still felt that the street was sufficiently lighted and voted to take no action on the matter. Application was received from the Lexington Firemen's Use of Relief Assoc. for the use of Cary Memorial Hall on December Hall . 31, 1935, from 8 P.M. to 1 A.M. for a Concert and Ball, and the Board voted to allow the use of the hall on that date free of charge. 117 The Supt . of Public Works recommended that one street light be placed on the third pole and another three poles beyond that on Taft Aven' e . The Board voted to approve the recommendation. Street He recommended that one light be placed on Blake Road lights two poles in from the corner of the street, but the Board to be voted to authorize the placing of the light on the fourth installed. pole. The Supt. reported that inasmuch as there were no poles on Blossom Crest, it would be impossible to install a street light on the street. The Supt. of '' ublic Works reported that inasmuch as the women on E. R. A. were using Emerson Hall, it was very Voting, crowded and he would recommend that the basement in Adams Precinct School be used for the voting in Precinct One, and the One . Board voted to aperove his recommendation. The Supt . of Public barks reported that he had re- ceived an application for a sewer extension from Mr . John D. Trenholm of 2 Eustis Street. Mr. Trenholm has already Eustis St. dug two dry wells and it is now impossible for him to dig Sewer others . This extension was authorized on April 3, 1933 but the work was not done as Mr. Trenholm decided to wait until the work was absolutely necessary. hr. Trask re- commended that a sewer extension of 190 feet be made from Bloomfield Street and the Board voted to authorize the extension, subject to the assessment of betterments. The Supt. of Public Works reported that he had been talking to the Town Counsel about the charges against Ahern & Ahern and Pichette for betterments, and water guaranties. Pichette, Mr. Trask reported that he thought that Ahern and Pichette guaranties would pay the guaranties and the Board authorized him to do what he could to force payment. The Supt. of Public Works inquired as to the account that Mr. Frank Cutter's bill was to be charged to and the Bill for Board voted to charge the bill to the Unclassified Account. plans . The Supt . of Public Works reported that the State Dept. of Public Works had approved the Traffic Rules and Orders and he stated it would now be necessary for the Town to Traffic advertise them before they would be effective. Inasmuch as Rules . there is no money available at the present time to pay for the advertising, the Board voted to wait until after the first of the year to have them placed in the paper. The Sunt. of Public ':orks reported that the Cemetery Commissioners wished to build a sidewalk from Westview Street into the Cemetery and he said that the purpose Cemetery was to drain water from the low part of the Cemetery into Property. the street, and that they were not to use the entrance for a driveway. The Board voted to tale no action on the matter. 118 1-3 The Spt. of Public Works reported that he had placed inside hold-up insurance on the Tax Collector amounting to X10,000.00 at a cost of , 20.00 per year. He wanted to Hold-up -- row if the Town wished outside hold-up insurance placed. insurance. The Board Colt that inasmuch as the Tax Collector made daily deposits to the Town Treasurer, it was not nec- essary that she be covered but that it would be a good idea to suggest to the Town Treasurer that he take out outside hold-up insurance and it was so voted. The Supt. of Public ldorks reported that there had been $1000.00 appropriated to build a skating rink. On Dec.3lst Transfer. this would go back to the Excess and Deficiency Account. Mr. Trask recommended that an article be inserted in the Warrant for the next Town Meeting so that this amount could be transfered to the W.P.A. Labor and r"aterial Account, and the Board voted to approve his recommendation. The S, pt. of Public Works reported that there was to Hearing be a hearing on October 23rd on the traffic regulation "No re truck- Heavy Trucking, Adams Street". He stated that several of ing on the abutters had talked with him in regard to the matter Adams and were planning to be present at the hearing and he also Street. was planning to attend. The Supt . of Public Works reported that I,'iss Edith Willard of North Street had complained of the dust from the Dust on areas on North Street where the Construction Company had North St. been stripping the loam. She wanted to know if the Town vas going to force the Company to plant the area so that she would not be bothered with dust next summer. The Board decided not to do anything on the matter at the present time. Lowell St. The Sl pt. of Public Works reported that Mr. Robinson Extension on Lowell Street was having an easement prepared and that until he received the easement, nothing further would be done in the matter. The Supt . of Public Works reported that the Smith Use of College Club wished to use the Conference Room at the Cary Conference Memorial Hall for a series of current event lectures, the Room. proceeds of which were to go to a fund for sending girls to Smith College. The Board voted to allow the Smith College Club to use the Conference Room five evenings for a series of current event lectures at $1.00 per evening. The Supt. of Public Works reported that the Sachem Use of Council, Boy Scouts of America, wished to use Cary Memorial Hall. Hall on February 7th, 1936. The Board voted to allow the Boy Scouts the use of the hall on that date free of charge. 119 Mr. Donald Timothy of 20 Kendall Road appeared before the Board and stated that he would like to have some employ- ' ment either on 1"'elfare or on E.R.A. He stated that his family had a weekly income of 49.00 and they had told him that he would have to pay his own part of the household Timothy expenses or get out of the house. case. The Chairman told Timothy that the Town could not aid him as the State laws would prohibit it. Timothy wanted to know why he could not be put to work on the W.F .A. and the Board explained that no new nares could be added to the W.F .A. lists now. Timothy then demanded to know what the Board was going to do with him as his family was going to put him out and he would have no place to stay and would have nothing to eat. The Board advised him that they could do nothing for him at the present time and he retired. The Board discussed the matter with Mr. Mitchell and he advised the Board that Timothy had made out an applica- tion for Public Welfare but what be wanted was work and of course Mr. Mitchell had no work to offer him. Timothy met Mr. Mitchell this mornini and asked him what he had done in the matter and Mr. "Mitchell stated that he had done nothing in the matter, that he was unable to . Mr. Lyons informed the Board that Mrs . Timothy, the boy's mother, had called him and told him that she was not going to sup»ort Donald any longer and that she was going to put rim out . Mr.. Mitchell stated that according to Statute, Mrs. Timothy was responsible for the boy's support. The Board felt that it could do nothing for Timothy if he Were living at home and requested Mr. Mitchell to ascertain whether or not he was living at home. The Board also instructed Mr. Mitchell to imform Mrs. Timothy that she was legally responsible for her son's support. The Welfare Agent reported in the case of Charles E. Wheeler of Valley Road, a Spanish War Veteran, who has Wheeler, been receiving State Aid. Mr. Wheeler receives a pension State of $72.00 per month. Mr. Mitchell reported that Mr. Aid. Wheeler 's State Aid was about to expire and he recommended that further aid be granted in the amount of $10.00 per month and the recommendation was approved. The Welfare Agent reported that Harold G. Wright of Wright, 126 Summer Street, Somerville, having a Lexington settle- Soldier's ment, had applied for Soldier's Relief. Mr. Mitchell re- Relief. commended that Wright be aided in the amount of $11.00 per week and the recommendation was approved. The Welfare Agent reported t hat Mr. Frank Winn of 26 Bedford Street had been injured while working on the Winn E.R.A. and was now in bed and would be laid up for two or case. three weeks . He has a step-don, but it is impossible for the step-son to take Mr. Winn's place on E.R.A. Mr. Mitchell recommended that Winn be aided in the amount of $9.00 per week and the recomi.endation was approved. Mr. Mitchell stated that he had asked the step-son to come down to work out the aid. 120 0.4 con k � The Welfare Agent reported that a representative of the ??. O.L.C. and Mr. John E. Barnes of Barnes Place had Barnes called on him relative to the mortgage on the Barnes house. case. Mr. Barnes is obligated to pay interest and principal of approximately .03.7 .00 per month but that nothing at all had been paid since last March. The H.O.L.C. representative stated that his Corporation would be forced to take over the property unless Barnes paid the interest at least which amounts to 019.96 per month. The Board voted to take no action on the matter. The Welfare Agent reported that he had received an application for Old Age Assistance from Mrs . Mary E. Stack, Stack, formerly of Somerville. Mrs. Stack has diabetest St. and Old Age. now living with her sister, Mrs . Alice O'Brien/ill-47y ars old. This is an unsettled case. Mr. Mitchell recommended that Mrs. Stack be aided in the amount of 06.00 per week, but the Board voted to authorize aid in the amount of $7.00 per week. The meeting adjourned at 10 45 P.M. A true record, Attest /Ifea Clerk.