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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.