HomeMy WebLinkAbout1935-10-29 121
SET,FCTPIEN'S MEETING
October 29, 1935.
A meeting of the Board of Selectmen was held in the
Selectmen's Room, Town Office Building, at 7:30 P.M. Messrs.
Ferguson and Potter were present. The Clerk was also present.
Letter was received from the Town Treasurer which re-
ferred to the letter which the Board had written him suggest- Treasurer
ing that he obtain outside hold-up insurance. Mr. Carroll re: out-
stated that it was not possible for him to consider such a side hold-
plan at the present time as his appropriation for this year up ins.
would not permit it . The letter stated that the Treasurer
was accompanied by a Police Officer at all times when he
was outside the office budding with Town funds on his person.
A petition for a referendum vote on the proposed new
High School was received. The petition was signed by 291 Petition
persons. Petition for a referendum vote on the sewer and for
storm water drainage proiect signed by 291 persons, was also referendum
received, and petition for a referendum vote on the purchase votes.
of property for school purposes signed by 273 persons.
Mr. Ferguson and Mr. Fotter voted to accept the peti-
tions, they previously having been accepted by Mr. Lyons.
II Letter was received from Mr . T. B. Parker, Acting State
Director, P.W.A., acknowledging receipt of the town's
notification that the H gh School P.W.A. project had been
indefinitely postponed and that the Sewer P.W.A. project P.W.A.
had been rejected at the Town Meeting held on October 21st. Projects.
The letter stated that based upon this formal notification,
Mr.. Parker 's office had recommended recision of the grant
previously offered on each of the above mentioned dockets.
The letter stated further that all contracts for construe-
tion ceder the current P.W.A. program must be awarded by
Dec. 15th and as the date set for the proposed referendum
vote in Lexington was so late, it would preclude the pos-
sibility of meeting this requirement which has been estab-
lished by the President. The letter stated that for this
additional reason it would not be possible for Mr. Parker's
office to give favorable consideration to the two Lexington
dockets even though the previous action of the Town Meeting
was reversed.
Mr . Ferguson and Mr. Potter felt that it would be
necessary to ',old a referendum vote anyway as long as the
petition had been received.
The E.R.A. Report for the week October 24, 1935 E.R.A.
p ending
was received. Report.
Order of Findings of the Board of Appeals granting
permission to Ashley W. Partridge to use the building at Partridge,
404 Waltham Street as a garage for stora,-e and repairs of Bd. of
automobiles and salesroom for motor vehicles, was received Appeals.
by the Board.
122 cn
070
Letter was received from Mr. Harry L. Fuller which
stated that although three months ago he had protested to
Complaint the Board against the change made in the bus stop at the
re: Bus corner of Slocum Road and Mass. Avenue, and the Board had
Stop. informed him that the matter would be given further thought,
he had not heard from the Board in regard to the matter.
Mr. Fuller stated that on the day on which the letter was
written, his lawn was trampled by eight people waiting for
the bus. Mr . Fuller wanted to know what the Board was going
to do in regard to the matter.
No action was taken on the letter, it being decided to
hold the matter over for one week.
Letter was received from Pierre Northrup, Attorney for
Mr. Ernest DeVincent of Concord Avenue. Mr. DeVincent
Zoning, wishes to petition for a change in the Zone so that his
Concord property on Concord Avenue will be in a business district.
Ave. Mr. Northrup stated that he understood that at some time in
the near future the Planning Board, the Board of Appeals
and the Selectmen would probably hold some meeting with a
view to rezoning the new Concord Highway and he stated that
if possible, he would like to be present at the time of the
contemplated joint hearing.
No action was taken on the matter.
Letter was received from Mr . Edwin B. Worthen advising
Trust as requested by Law, that on October 21st, 1935, there was
Funds. on deposit in the Lexington Savings Bank under the Trustees
of Public Trusts, Cemetery Funds Account, a total principal
of $21,685. representing 166 separate accounts.
Letter was received from Henry F. Long, Tax Commissioner,
Tax which contained an outline of the system used by the City of
Titles. Fall River for the control of municipally held tax titles.
The Tax Commissioner recommended that the Town of Lexington
establish some system of caring for property held on Tax
Titles.
No action was taken on the matter.
Letter was received from the Town Accountant stating
that the State Aid Account was short $1.30 and the County
Accounts . Aid Account was short $.43 on the construction of Pleasant
Street. The Treasurer in the Div. of Public works has in-
formed the Auditor that the Pleasant Street Account has now
been closed and it is practically impossible to mak any
further adjustment. The Accountant suggested that/teard
request the Appropriation Committee to transfer the sum of
$1.30 from the Reserve Fund to the State Aid for Highways,-
Pleasant Street, and to transfer the sum of $.43 from the
Reserve Fund to County Aid for Highways- Pleasant Street.
Mr. Ferguson and lir. Potter voted to approve the
Accountant 's recommendation that the Appropriation Committee
be requested to make the transfers from the Reserve Fund.
123
The following water liens were -signed:
Ethel Osgood, 297 Bedford Street - $11.59 Water
' Margaret Carroll, Garfield Street - 28.56 Liens.
Mr. Lyons had previously signed the liens.
Commitment of water rates in the amount of $5761.83
was signed by the Board, Mr. Lyons having signed the same Commitment.
previously.
The Supt . of Public Works ' report for the week ending Report.
October 26th was received.
The following Alcohol Licenses were granted, Mr. Lyons
having previously approved granting of same Alcohol
Licenses.
Shell Eastern Petroleum Products Inc. , 1095 Mass . Ave.
Edward Georgette 789 Mass . Ave.
Letter was received from the Health Inspector which
stated that the dogs owned by Mr. Grieves of Audubon Road Grieves '
are not a nuisance and are not creating a reasonable dis- Dogs.
turbance. The Health Inspector could see no reason what-
soever to take action against Mr . Grieves inasmuch as the
dogs are licensed, the houses kept clean and the animals
have the best of care.
The Chairman instructed the Clerk to send a copy of
the Health Inspector 's report to the County Commissioners.
Letter was received from Mr. E. B. Judkins requesting
that the Lex ,n gton Arts and Crafts Society be permitted to Use of
use Cary Memorial Hall on Sunday, December 8th for the pur- Cary Hall.
pose of an exhibition.
Mr. Ferguson and i.Ir. Potter voted to grant the Lexington
Arts and Crafts Society permission to use Cary Memorial Hall
on Sunday, December 8th, free of charge.
The Board signed the following order for the installation
of a water main in Wachusett Drive; the same having been Water
previously signed by Yr. Lyons Order.
ORDS? OF MAKING.
By the Town of Lexington of Easement for the
Construction of a Water Main.
WACHUSETT DRIVE.
(From the present end at Fair Oaks Drive a distance
of approximately 350 feet. )
WHEREAS, at a meeting duly called and held on October 21,
1935, the town meeting of Lexington, pursuant to an article
in the warrant of the meeting for which due notice was given,
duly adopted by unanimous vote the following vote and made
an appropriation therefor:
124
04
"Voted that the Board of Selectmen be authorized to
install a water main, not less than six inches in diameter
and subject to the usual guaranty or the assessment of
betterments, in the following street
Wanhusett Drive, from the present end at Fair Oaks
Drive a distance of approximately 350 feet) . "
AND WHEREAS, the right of way and easement hereinafter
described and taken are necessary for the establishment and
maintenance of the said water main;
NOW, THEREFORE, the Board of Selectmen of the Town of
Lexington, acting as a Board of ?Vater and Sewer Commissioners,
for and in behalf of the said town, by virtue of the author-
ity conferred upon them by the foregoing vote and of every
other power them thereto enabling, hereby adopt this order
of taking by eminent domain, for the said public improvement
for the purpose of constructing and maintaining a water mail/
in Wachusett Drive from the present end at Fair Oaks Drive
a distance of approximately 350 feet as aforesaid, the
following easement, namely
Water Order The right to enter upon the land shown as Wachusett
Drive on a plan entitled, "Plan of Proposed Water Main in
Wachusett Drive, Lexington, P,Iass . , Scale: 1 in - 40 ft.,
Oct. 29, 1935, Albert A. Ross, Supt. , Water Dept." and owned
by Neil McIntosh, Charles Flocke, Thomas J. Whittle, Elsie
V. R. Smith, William & Annette I. Thurston, D. Edward &
Josephine A. Barrett, and construct therein a line of water
main with all nececessary connections, shut-offs and
appurtenances substantially as shown on a plan of Albert A.
Ross, Supt. , Water Department, dated Oct. 29, 1935, to be
recorded herewith. The easement covered by this taking
includes the right on the part of the Selectmen of the said
town or other duly authorized agents of the town to enter
upon, dig up, open and Ilse the land embraced within said
way as may be reasonably necessary for the purpose of
initially constructing and thereafter maintaining, operating,
inspecting, repairing and replacing from time to time the
said water main, ( the said town being always bound to see
that the ground after the completion of the work in each case
is cleared of all surplus material and surface left in as
smooth and good condition as at the time of entry) .
Betterments will he assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws. The area which it is expected will receive advantages
other than the general advantage to the community from such
improvement comprises t e several lots shown upon the plan
of Albert A. Ross, Supt. , Water Department , above referred
to, which are designated in the schedule hereto annexed and
made a part hereof.
We estimate the betterments that would be assessed upon
each such parcel of land to be as srown in the said schedule.
125
We determine that no damages have been sustainedand
none are awarded.
To have and to 'sold the said easement to the Town of
Lexington, its successors and assigns, to its and their own
use and behoof forever agreeably to the provisions of the
said Chapter 79 of the General Laws and all pertinent acts
in amendment thereof or suprlemental thereto.
IN WITNESS WHEREOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this twenty-ninth day of October, 1935.
CHARLES E.FERGUSON SELECTMEN
JILT,IAT, G. POTTER OF
JOHN A. LYONS LEXINGTON.
Comnonwealth of Massachusetts. Water
Order.
Middlesex, ss. Oct. 29th, 1935.
Then personally appeared the above named Charles E.
Ferguson, John A. Lyons and William G. "otter and severally
acknowledged the foregoing instrument by them subscribed
to be their free act and deed and thef ree act and deed of
the Board of Selectmen of the Town of Lexington, before me,
JAYES J. CARROLL
Notary Public
SCHEDULE OF ESTIMATED BETTERI NTS REFERRED
TO IAT TIE FOREGOING ORDER.
WACHUSETT DRIVE.
(From the present end at Fair Oaks Drive a distance
of approximately 350 feet).
Owner as of Jan 1st , 1935. Lot "'o. Assessment.
Neil McIntosh 96 03.43
Charles Flocke 97 45.00
Thomas W. Whittle 98 45.00
Thomas N. Wlittle 99 65.70
Elsie V. R. Smith 73 45.29
William & Annette I. Thurston 74 45.00
William & Annette I. Thurston 75 45.00
Neil McIntosh 76 46.80
D. Edward & Josephine A. Barrett 77 46.80
D. Edward ' Josephine A. Barrett 78 46.91
Neil McIntosh 79 46.91
126 cm
Letter was received from the Town Accountant stating
that Walter Black had filed two bills with I im, one in the
amount of X1032, contract price for the work at the Stone
Black Building, and the other In the amount of 29.48 for extra
bill, work at the same building. The letter stated that the
Stone Supt. of Public ,'forks had reported that Mr. Black had sat-
Building. isfactorily completed the work at the Stone Building and
that the bills should be paid. The Town Accountant had
therefor listed the bills on a special warrant .
Mr . Ferguson and Mr. Potter signed the Warrant, Mr.
Lyons having previously signed same .
Mr. Trask appeared before the Board and stated that
Walter Black had done a very good job at the Stone Building
Stohe but that the electricians had skipped an outlet in the
Building. reading roor and had not put up the outside light as yet.
Iv_r. Trask inquired if the Board wished to have minor
work done at the Branbh Library such as painting, etc. but
the Chairman felt that the floor at the main library should
be taken care of first.
The Sunt of Public Works reported that within tae
past year, the Edison Electric Ill. Co. has installed two
new kinds of street lLghts which together with the old-
Street fashioned type, gives the Town three different types of
. Lights . street lights. He thought that the Edison Co. should be
notified to put n the same type of poles and lights,
especially in the center of the town and in the vicinity of
the Town Office Bu_ lding and Cary Memorial Hall. He in-
quired which type of pole and light the Board preferred,
and Mr. Ferguson and Yr. Potter felt that tl'e concrete post
with the gooseneck light would be core _n keeping with the
old type of pole and light.
Mr. Potter remarked that nothing had been done toward
Light for installing a light to illuminate the steps leading to the
steps. parking space _in the rear of the Town Office Building.
Mr. Trask suggested that the light over the rear door
be deflected so that it would show up the steps and the
Chairman instructed him to try this and see if it was
satisfactory.
The Sunt. of Public 'forks reported that a representative
of the Robinson estate had called on him and wanted to know
Bowman if the Board would state what its intention was with respect
Street to Bowman Street between the new Concord Turnpike and Water-
abandoned. town Street. The land on both sides of the street between
these/ %ds is owned by the Robinson Estate. Mr. Trask asked
the Board if it was their intention to abandon the street
and Mr. Ferguson stated that he thought that the Robinson
Estate might protest if the street was abandoned. However,
the consensus of opinion was that the only thing to do would
be to abandon the road, and '.Ir. Ferguson and Yr. Potter voted
to abandon Bowman Street from Watertown Street to the
Arlington line .
127
At 8 P.N. hearing was declared open on the application
of Everett T. Chapman Lor permission to maintain a two car Garage
garage at 10 Curve Street. r. Chapman appeared and hearing.
presented a plan of the proposed garage. No persons appear-
ed in opposition and Mr. Ferguson and Mr. Potter voted to
grant the permit subject to the approval of the Building
Inspector.
At 8: 05 P.M. hearing was declared open on the applica-
tion of the Edison Elec. Ill. Co. atd the New Eng. Tel: & Pole
Tel Co. for permission to erect two poles and remove one location.
pole on Marrett Road. No persons appeared in opposition and
it was voted to grant the petition, Mr . Lyons having formerly
approved the same.
The Supt . of Public iorka reported that some time last
week there was a fire in the Bornstein junk yard on Sylvia
Street and that the Fire Dept . connected its hose with a Water
t}yrrant on Sylvia Street approximately 400 feet from Mass. pipe in
Avenue, but they could get only a very small stream of water Sylvia
from the hydrant. Chief Taylor thought that tle main supply Street.
in Sylvia Street must be inadequate and that Sn exten-
sion of ten inch pipe was needed. Mr. Trask thought that an
extension of this size pipe would cost approximately 44000.
He stated that there was no money in the appropriation for
Sundry Streets to do this work at the present time, but he
suggested that an article be placed in the warrant for the
next Town Meeting requesting an appropriation for this
extension.
No action wast aken on the matter.
The Supt . of Public Works reported that the old water
pipe from the Reservoir to the pumping station was being
abandoned the that the only houses getting water from this Water
old pipe were as follows one on Middleby Road occupied Ext.
by Frank Barry and two on Lincoln Street which were connected
before the main wa, laid in Lincoln Street. Mr. Trask stated
that the two houses on Lincoln Street mould be connected with
the Lincoln Street main and recommended that the Board
authorize the extension of a ten inch pipe in Middleby Road
as far as the house occupied byBarry.
y
No action was taken en the matter.
The Supt. of Public Berks reported that he had sold the Sale of
old Federal Knight truck belonging to the Highway Department truck.
for $10.00 as it had been estimated that it would cost $150.
to have the truck fixed up.
The Supt . of Public Works reported that Mrs. Louise
Kavanaugh, President of the American Legion Auxiliary, had Use of
requested the use of Cary kemorial Hall on November 8th, Hall.
1935, for tee purpose of holding the Annual Fair. Mr.
Ferguson and Mr. potter voted to allow the American Legion
Auxiliary to use the hall on that date free of charge.
128 01
The S 'rt of .=ublic 7orks re' orted that he had
attended the hearing on the traffic regulation "No Heavy
Trucking, Trucking, Hancock and Adams Streets" on CYctober 23rd and
Hancock & that Mr. Lyman presided at the hearing. There were twenty-
Adams two residents of Hancock and Adams Streets present. The
Streets , only opposition came from Mr . Drew, the Attorney for the
Truck Drivers Assoc. Mr. Lyman was in sympathy with the
regulation but under Chapter 90, it is stated specifically
that it is not legal to stop truck traffic on streets
between towns and therefor under the law truck traffic
could not be prohibited on Adams Street, but that it could
be prohibited on Hancock Street.
Mr. Trask recommended that the Board amend the Regula-
tion and request that there be no heavy trucking on Hancock
Street only, and Mr. Ferguson and Iclr. Potter voted to
approve the recommendation.
The Supt. of Public 'forks reported that he had talked
, Chapter 90 with Mr. M. J. Dalton of the State Highway Dept . who had
maintenance.stated that he thought it would be wise for the Town to
ask for more money for the maintenance of Chapter" 90 streets
than the $2000. originally requested Mr. Trask and Mr.
Dalton thought that $6000. would be a suitable amount to
request and h. r. Ferguson and Mr. Potter thought that it
would be wise to asi- for this amount of money for Chapter 90
maintenance.
The Sept. of Public Works reported that Belmont had
co . e in with a request for the construction of Mill Street
Chapter from the Belmont line to the Waverley Oaks Road under Chap-
90 Work. ter 90 and he thought that if this were approved, it would
not be fair for Lexin_rrton to leave Watertown Street in the
condition that it is now and he recommended that the
$15,000. that the Town has asked for for the maintenance
of Waltham Street be applied to this street. The Chairman
stated that ne mould prefer that the work be done on
Waltham Street and Mr. Potter agreed with him. The Chairman
suggested that the Suet of Public Works submit as a Chapter
90 job the construction of 'Watertown Street from the new
Concord Turnpike to the Belmont Line, and stated that an
article could be inserted in the warrant for a Town Meeting
to authorize the above when and if Belmont ' s project was
approved.
The Supt of Public Works reported that Mr. J. 0.
Richards had $250. coming to him from the Highway Department
Richards for placing Compensation insurance, and he suggested that
bill. two checks be made out, one payable to t_le Town for the
amount that Richards owes to t le town for an old sewer
service (179.18) and that the other be made payable to
Richards
Mr. Ferguson and Mr. Potter voted to write Richards
and request im to authorize the Employers ' Liability
Assurance Corp. to make a checl- in the amount of $179.18
payable to the Town and advise him that the balance of the
commission would be paid direct to him.
129
The Sunt. of Public Vorks reported that the Lexington
Taxpayers ' Assoc. wished to use Cary Memorial Hall on Use of
Monday, November 4th, 1935, to hold a meeting to discuss hall.
the referendum votes .
Mr . Ferguson ani Mr . Potter voted to allow the Tax-
payerst Assoc . to use the hall on that evening free of
charge.
Mr. Ferguson and L.r. Potter signed Motor Vehicle
Abatements in the amount of $22.64. Abatements.
Mr. Ferguson and Jr. Potter signed State Aid returns State
for the month of October, same having previously been Aid.
signed by Mr. Lyons.
The Welfare Agent appeared before the Board with ref-
erence to Mrs. Bessie B. and Mr. Harry W. Cobb, who are Cobb,
now living with their daughter on Carville Avenue. Mr. and Old Age.
Mrs. Cobb formerly were receiving Old Age Assistance but
last June they went to Vermont and now that they are back
they have requested that they be aided again. Mr. Mitchell
recommended that Mr. and Mrs. Cobb be given Old Age Assistance
in the amount of $5.00 each per week, and Mr. Ferguson and
Mr. Potter voted to approve the recommendation.
The Welfare Agent reported that Mrs. Estelle May Young
of Avon Street who has three children, has been receiving Young
Mothers ' Aid in the amount of $6.00 per week. hrs . Young case
has requested that her aid be increased and Mr. Mitchell
had talked over the matter with the Mothers ' Aid visitor
who agreed with him that hrs . Young should be aided in the
amount of $10.00 per week, and Mr. Mitchell recommended
that the aid be increased to $10.00 per week, and Mr.
Ferguson and Mr. Potter voted to approve the recommendation.
The Welfare Agent stated that Mrs . Rose Downey has been
receiving a pension in the amount of $22.50 per month, but
that on Oct. 6th this amount was increased to $30.00 per Downey
month. However, Mr. Mitchell recommended that the Town Aid.
continue to aid Mrs . Downey in the amount of $6.00 per month
State Aid, and Mr . Ferguson and Mr. Potter voted to approve
the recommendation.
The Welfare Agent reported that Mrs . Martha Jones of
Pleasant Street has been working on the E.R.A. Sewing Unit
for the last 26 weeks and has been earning an average of Jones
$12..08 per week. Mrs. Jones has four children. She is case.
supposed to pay r,19.00 per month to a Hudson Bank on her
house but she has been paying only 515.00 per month as this
is the a~aov_nt that she has been receiving from a tenant in
her house. Mrs. Tones now owes two water bills in the amount
Of $ 12.42 for the June and Sept. quarters and she asked that
the Town pay the bills .
Yr. Ferguson and hr. Totter voted not to approve payment
of the bills.
130 y
ctThe Welfare Agent reported that Anthony Moretti who OL
has a wife and one child, had applied for aid. Moretti
has been working for the past eight years but lost his
position last February and is now living with his father,
Pasquale Moretti at 80 Bow Street. Moretti has a Lexington
settlement. Mr . Mitchell recommended that he be aided in
the amount 01 $9.00 per week, but no action was taken on
the matter, it being decided to hold it over for one week.
The meeting adjourned at 9 P.M.
A true record, Attest �^
JCLerk.
I
131
Lexington, Mass.
November 1, 1935
I hereby take the following action on matters voted on
by Mr. Charles E. Ferguson and kr. William G. Potter at the
Selectmen's Meeting held on October 29, 1935
1. Apnrove recommendation of Town Accountant to request
Appropriation Comm ttee to transfer 01.30 from the
Reserve Fund to the State Aid for Highways - Pleasant
Street Account, and to transfer x.43 from the Reserve
Fund to County Aid for Highways - Pleasant Street
Account .
2. Approve grantinc, of permit to the Lexington Arts & Crafts
Society to use Cary Memorial Hall on Sunday, Dec. 8th,
free of charge.
3. A 'prove the abandonment of Bowman Street from Watertown
Street to the Ari—ngton line.
4. Approve granting of permit to maintain two car garage at
10 Curve Street to Everett T. Chapman .
5. Approve granting of permit to the American Legion Auxiliary
to use Cary bemorial Hall on November 8th free of charge.
6. Approve recommendation of Supt. of Public Works that
Traffic Riles and Erders be amended by eliminating "No
Heavy Trucking on Adams Street".
7. Approve request for ;$6000. for maintenance of Chapter 90
streets rather than the 32000. originally requested.
8. Approve the writing of a letter to J. 0. Richards request-
ing him to authorize the Employers Liability Assurance
Corp. to make a check for 3179.18 payable to the Town for
outstanding sewer service.
9. Approve granting of permission to the Le,-ir= ton Taxpayers '
Assoc. to use Cary Memorial Hall on November 4th, 1935,
free of charge.
10. Approve motor vehicle abatements in the amount of 322.64.
11. Approve recommendation of S"elfare Agent that Bessie B. and
Harry W. Cobb be aided under Old Age Assistance Law in the
amount of 35.00 each per week.
12. Approve recommendation of Welfare Agent that Mrs . Estelle
May Young's aid be increased to 310. per week.
13. Approve recommendation of Welfare Agent that Mrs . Rose
Downey be aided in the amount of ',6.00 per month State Aid.
14. Disapprove payment of water hill in the amount of 312.42 for
Mrs. Martha Jones of Pleasant Street.
JOHN A LYONS ( Signature )
Selectman.