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HomeMy WebLinkAbout1936-01-27261 SELECTMEN'S MEETING ' JAN. 27th, 1936. A regular meeting of the Board of Selectman was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Messrs. Ferguson, Lyons, Potter, Giroux and Clark werepresent. The Clerk was also.present. At 7:30 P.M., Mr. Charles E. Hadley appeared before the Board to discuss his salary as Sealer of Weights and Measures. Mr. Hadley informed the Board that he had been working for the Town in this capacity for 36 years and had not had an increase in salary since Sealer's •1930. His present salary is $400. Mr. Potter salary asked Mr. Hadley how much time he had to put in on the job and Mr. Hadley stated that he had never reckoned it up as his work was spasmodic. The Chairman asked if there had not been an increase in the number of scales and pumps to be tested and Mr. Hadley replied in the affirmative. Mr. Clark asked if Mr. Hadley checked out of town trucks and he stated that he did. He stated that he received $100. for expenses besides his salary. The Chairman advised Mr. Hadley that the Board would discuss the matter and he vio uld be advised. Mr. Hadley informed the Board that he had received notice from the Civil Service Commissioner that due to the fact that the population of the town exceeded 10,000, he was now under Civil Service. Mr. Hadley then retired. Mr. Eugene Viano appeared before the Board to discuss the matter of snow removal in front of his garage at 1668 Mass. Avenue. Mr. Viano stated that always in Removal, previous years, the snow had been removed from in front of snow of his property. He stated that when the snow started in front to melt, the gutters running past his drives were filled of with water and they usually froze again and then the Colonial Town came in with picks and shovels to chop the ice, Garage and he thought that it would be more expensive in the end than if the snow were removed in the first place. The Chairman asked if there was any particular reab9n why the Town should remove the snow in front of his garage. He replied that he kept open all night and had to keep his drivesropen, but that the trucks kept going up and down and filling them in. He thought that there was an element of danger in the huge banks of snow and stated that a woman was nearly knocked down there this past week. The Chairman asked if it would be possible for Mr. Viano to dump the snow in Vine Brook and he replied that he had ' often thought of it but had never dared try it. Mr. Giropx stated that if Mr. Vianots property was cleared that all the stations in Town would want theirs cleared, and it would be a very expensive propo- sition. Mr. Viano stated that the real problem was 262 Amendment re Stripping of loam. cleaning out the gutters in order to maintain proper drainage. The Chairman advised Mr. Viano that the Board would talk over the matter with the Supt. of Public Works and try to find out what the best thing to do would be, and Mr. Viano retired. At 8 P.M. the Planning Board and the Building Inspector appeared before the Board to discuss the proposed amendment to the Zoning By-law in order to prevent the excavation and removal of loam. The following amendment, which was submitted by the Town Counsel and approved by the Planning Board, was read by the Chairman: , "VOTED: That the Lexington Zoning By law be amended by adding to Section 4, R.1 Districts, Paragraph 6, the following sentence, to be designated (e): (e) "Excavation and removal from the premises of any sod, loam, sand, gravel, clay or quarried'or crushed stone, except that the provisions of Section 9 do not apply when such excavation and/or removal are incidental to and in connection with the construction, of a building for which a permit has been issued in accordance with the building - by -law and this by -.law, and when such ex- cavation and removal are permitted under paragraph numbered "4" in the paragraphs headed tIn R.1 Districts,'." The Chairman asked how this amendment differed from the one that was proposed at the July, 1935 Town Meeting, and Mr. Lyons stated that that amendment contained a clause "Except when incidental to and in connection with the normal and lawful development. of the property concerned" and he thought that there was a question of fact as to what the "normal and lawful development of the property concerned"meant. He thought that there was a loophole in the amendment when this phrase was left in and that it should be stated very clearly what.wo uld and would not be allowed. Mr. Potter suggested that it might be stated that it woazld be all right to remove loam as long as it was not moved out.of the Town. Mr. Duffy stated that the Planning Board was afraid that in including prohibitions, one would be apt to leave out something that wo,_ild cause embarrassment. He also thought that when loam was being removed whole- sale, it would naturally be construed as a business and with the Town Offices being aware of various movements, the Town should be able to secure do in- junction in the proper season. He thought that if y n 1 263 the amendment were placed before the Town Meeting, several ' controversial matters would be brought up and he thought it would be more satisfactory if the Town followed the present By-law, He thought that no average citizen would undertake to strip his farm of .such a quantity of loam as to impair the value of his farm and he thought It would be a long time before the town had another case similar to the Brousseau case. The Chairman stated that he thought the amendment would not be any more effective than the By=law. Mr. Lyons stated that every city and town around had a clause forbidding the stripping of loam and if t? -,is town had an opportunity to do something, he thought whatever possible should be done to prevent the strip- ping of loam. The Chairman stated that he did not think that an article should be inserted in the Warrant for this Town Meeting covering this amendment as it was practically the same as the one that was put in before. Mr. Duffy asked if it would be possible to permit the farmers to have the right to sell a reasonable amount of loam to citizens of the Town for grading, etc. Mr. Sheldon Robinson thought that the amount that any one farmer would sell in a year would not exceed 100 cubic yards. The Chairman asked if it would be possible to ' require a permit to remove loam and make a charge, say of $5.00, for said permit and to make. limitatigns gn the amount to be removed. The Building Inspector could then check up and see how much was being removed. Mr. Giroux thought it'would be wise to draw up a permit with a law of limitations and leave the limit blank and have a hearing on the matter and get the opinions of the different farmers. Mr. Kimball stated that the objection to having a hearing was that no one would attend it. Mr. Duffy thought that it would not be practicable to omit sand and gravel from the regulations. Mr. Robinson stated that he thought the removal of sand and gravel was a business, but Mr. Duffy disagreed. The Chairman asked if the question at hand was whether or not the Selectmen were in favor of inserting some sort of an article in the Warrant to take care of the matter, and the answer was in the affirmative. Amendment Mr. Duffy suggested that the Town Counsel be given re, a transcript of this joint meeting and see what he stripping could work out. Mr. Kimball suggested that perhaps of loam it might be stipulated that a man could sell only a certain percent of his acreage, but Mr. Potter stated that that would not be practicable as a man might have ' 100 acres with only four or five acres with good loam and the other might be swamp land. Mr. Potter and Mr. Lyons were in favor of not allowing any loam to be sold outside the limits of the Town. Mr. Robinson 264 Johnson Zoning Violation thought that that plan was all right be some limitation through a permit Mr. Sellars agreed with him. Both on permits with limitations. but that there should I and Mr. Giroux and Boards then agreed Mr.. Sellars inquired if a clause should be inserted that no stripping should be permitted in any section of the Town where it might tend to impair the value of the property, but Mr. Lyons thought that this would again involve a question of fact. Mr. Kimball was not in favor of making any amendment on the matter, but woiild not disagree with any that the Boards were in favor of. Mr. Ellis was in favor of an.amendment to prohibit an outside contractor taking loam out of the . town. The Chairman suggested that a joint meeting of the Boards be held on Friday evening to discuss the matter further. Messrs. Potter and Giroux stated that they would not be able to attend, but they were in agreement with the rest of the Board's opinion.. It was finally decided to hold the joint meeting on Friday evening. Mr. Lyons stated that he vv uld talk to the Town Counsel and attempt to draw up an amendment to the Zoning By-law with reference to the removal of loam. The Building Inspector informed the Board that one Mary Blight had purchased a house from Ivar Johnson at lot #38 Cary Street. The title for the lot reads .that it has a frontage of 75 feet as required by the Zoning Laws, but her lot contains only 72 feet frontage; also that Ivar Johnson was building on lot #35 Cary Street. which had a frontage of only 72 feet. He stated that the Engineer who laid out the development had deliberately misrepresented on the plan filed with the Board of Survey. Mr. Longbottom stat6d that he had advised Johnson that no further building permits would be granted and that two permits already granted to the Johnsons were revoked. The Chairman asked Mr. Longbottom if Johnson had land available so he could get the necessary additional three feet for the lots. Mr. Longbottom stated that Ivar Johnson did, as he could get a piece of the field next to his lot. The Chairman stated that they would have to -get enough land to conform with the Zoning Law. or tear down or remove the buildings from the property. Joseph Selwyn, Civil Engineer, had told Mrs. Blight that he had not laid out the property but had merely signed his name to the plan and that someone else had done the work. The Chairman stated that he thought the Building Inspector should talk to the Town Counsel on the matter. He agreed to do this and retired. The Chairman read a letter which he had received from Mr. Elwyn G. Preston representing the Cary Educational Fund Trustees. Mr. Preston called the Boardvs atten- tion to the terms of the Cary Will, the terms of the 1 1 Mr. Trask informed the Board that the Veterans of Foreign Wars had applied for the use of Cary Memorial Hall on the afternoon of February 1st for the purpose of holding a children's entertainment. Mr, Lyons moved that the organization be granted the use of the hall free of charge on that date, Mr. Giroux seconded the motion and it was so voted. Mr. Trask informed the Board that he thought that Mr. Lewis, who appeared before the Board, had stated that,admission was going to be charged for the W.P.A. play, but that as far as he knew, the W.P.A. could not accept money and he thought that there was something queer about the whole thing and that it should be.in- vestigated further. Mr. Giroux moved that the matter be turned over to the Supt. of Public Works for disposal as he saw fit, Mr. Lyons seconded the motion and it was so voted. Use of Cary Hall by Townsend Club. Pole location. Use of Hall. Use of Hall by W.P.A. formal presentation by the Trustees to the Town and the informed the Board that there were five Street and that there was no street light. formal terms of acceptance by the Town of the property, He recommended which prohibits the use of the hall by sectarian or in the Warrant Street political bodies. requesting a street light in Cary Street. The Board felt that there was no question but that the Townsend Club was now purely a political organization recommendation be approved. and therefor that they could not rightly allow that body to use Estabrook Hall for its meetings. Mr. Giroux moved that the previous vote of the Board al- lowing the Townsend Club to use Estabrook Hall f'or its meetings be revoked due to the fact that it was a polit- ical organization and use of the hall by that body would be contrary to the provisions *as expressed"in the terms of_the`will.`.Mr. Lyons seconded the motion and it was ao voted. Mr. Trask informed the Board that the next meeting of the Townsend Club was to be held on Monday, Feb. 3rd and he thought that the Board should not revoke the permit until after that meeting and the Board agreed with him. At 7:45 P.M. hearing was declared open on the petition of the E. E. I. Co. of Boston and the New Eng. Tel. & Tel. Co. for a joint location of poles on Mt. Tabor Road, between the Lexington -Lincoln line and the Cambridge -Concord Turnpike - three (3) poles. No ' persons appeared in opposition and Mr. Lyons moved that the license be granted. Mr. Giroux seconded the motion and it was so voted. Mr. Trask informed the Board that the Veterans of Foreign Wars had applied for the use of Cary Memorial Hall on the afternoon of February 1st for the purpose of holding a children's entertainment. Mr, Lyons moved that the organization be granted the use of the hall free of charge on that date, Mr. Giroux seconded the motion and it was so voted. Mr. Trask informed the Board that he thought that Mr. Lewis, who appeared before the Board, had stated that,admission was going to be charged for the W.P.A. play, but that as far as he knew, the W.P.A. could not accept money and he thought that there was something queer about the whole thing and that it should be.in- vestigated further. Mr. Giroux moved that the matter be turned over to the Supt. of Public Works for disposal as he saw fit, Mr. Lyons seconded the motion and it was so voted. Use of Cary Hall by Townsend Club. Pole location. Use of Hall. Use of Hall by W.P.A. Mr. Trask houses on Cary informed the Board that there were five Street and that there was no street light. He recommended that an article be inserted in the Warrant Street requesting a street light in Cary Street. Mr. Clark light. moved that the recommendation be approved. Mr. Potter seconded the motion and it was so voted. 1266 Damages to Guard rail Police Dept, Drainage Report. ICary.Hall, acoustics The Supt. of Public Works reported that on Friday, January 17th, Dr. Norman Ellard of Mass. Avenue was in collision with a guard rail on Pleasant Street, On Jan. 23rd he was found guilty of drunkenness and driving under the influence of liquor, and Mr. Trask wanted to know if the Board wished to attempt to collect for damages. Mr. Potter moved that the Supt. of Public Works take steps to collect damages for the broken guard rail. Mr. Giroux seconded the motion and it was so voted. The Supt. of Public Works stated that the Board had cut the Police force by one man and he thought that a reserve officer should be appointed to be called in when a man was unable to attend to his duty. In the morning, noontime and between 3:30 and 4:00 o'clock in the after- noon, every officer is on duty at the schools and there is no one to patrol the town.. He felt that an officer should be on duty in the center of the town at all times. A man m uld have to be chosen from the civil service list and that list has already been requested. The Chairman asked if the Town had ever tried using school children for police duty as they did in Cambridge and other towns and cities. Mr. Trask replied that the Chief had always objected to this practice as it was too dangerous. The Board decided to take no action until the elegible list had been received. The Supt. of Public Works submitted the second pro- gress report on the Drainage Survey by Metcalf and Eddy. Letter was received from William R. Greeley stating that the writer would be glad to do anything he could to improve the acoustics at the Cary Memorial Hall, Mr. Greeley made different suggestions with regard to the rearranging of the curtains and the shifting of scenery. The Board instructed Mr. Trask to have Mr. Greeley go ahead with the plans for improving the acoustics and submit an estimate of what it would cost. The Supt. of Public Works submitted a By-law received from the State Planning Board on the regulation of billboards. Mr. Lyons moved that the matter be turned over to the Planning Board for recommendation and report. Mr. Giroux seconded the motion and it was so voted. Mr. Trask informed the Board that John O'Connor, had worked two years without a vacation and was going O'Connor to Florida for a month. He was entitled to a two weeks leave of vacation anyway and Mr. Trask felt that he was entitled absence. to a two weeks leave of absence, with pay. Mr. Potter moved that O'Connor be given a two weeks leave of absence with pay. Mr. Lyons seconded the motion and it was so voted. y Cn 0121 1 Mr. Trask recommended that the Welfare office be ' moved to the Cary Memorial Building to the office now occupied by the W.P.A. and that the W.P.A. 'office be moved to the Welfare office in this building. He stated that there were two girls and two men in the Welfare office most of the time and that outside people were in there too. Mr. Lyons moved that the office in the Cary Memorial Bldg. now occupied by the W.P.A. be set apart temporarily for the use of the Welfare Dept, Mr. Potter seconded the motion and it was so voted. 267 Welfare Office moved. Mr. Trask inquired if the. Board had any objection to the consolidation of the 110 insurance -policies held by the Town to about 25 policies. Mr. Clark Insurance moved that the Supt. of Public Works be given the privilege of consolidating the insurance policies. Mr. Potter -seconded the motion and it was so voted. Mr. Trask stated that the Police force had been reorganized. Sergeant Russell was on the first ,half of the night and Buckley is on from midnight until Police morning. Harvey was on the desk days. Two men are Dept. on duty at the center from 7 A.M. to 6 P.M. 65 tags have been placed on cars since the new orders went into effect. ' Mr. Trask asked if there was any reason why the Highway Dept. should not be charged for using water Hydrant through hydrants as he felt that it would amount to Rentals, quite a lot in a year. The Board felt that it would not amount to very much and decided against charging the Highway Dept. The Chairman stated that the Town Accountant did not think very much of charging the Water Dept. and Telephones. W.P.A. for the use of telephones as it was mer817.an arbitrary charge. He thought that all telephones should be charged to the Town Office Building. Mr. Lyons moved that the previous vote to charge the Water Dept, and the W.P.A. for the use of telephones be. rescinded. Mr. Potter seconded the motion and it was so voted. . Letter was received from C. R. Harvey of 232 Lincoln Street stating that on January 19th his car hit a boulder on Lincoln Street and was thrown into a ditch. He stated that the car was damaged to the extent of $80. and that Damage to he was going to hold the Town liable. Mr. Trask stated car, that no such complaint had been made to him. Mr. Giroux Harvey. moved that the matter be turned over to the Supt. of ' Public Works for investigation and report. Mr. Lyons seconded the motion and it was so voted. 268 r Cn s�. Letter was received from Harry L. Fuller of 1468 Mass. Avenue asking if the Board had completed making Bus stop its survey and if it had decided to change the bus stop from in front of his house to the opposite corner of Slocum Road. No action was taken on the matter. Letter was received from the Town Counsel asking McGann suit it the Board wished him to proceed to bring suit against James McGann on account of his outstanding water guaranty. The Board voted to instruct Mr. Wrightington to,proceed with the suit. The Board voted to insert an article in the Annual Warrant to pay the following 1935 Law Dept. bills: Law Dept. Barry Meade vs. Lexington $15.25 bills. Lexington vs. Avery 15.00 Lexington vs. LaChance 15.00 Purchase from P.J. Kinneen 50.00 It was decided to hold the Health Department, Town Budgets Physician and Dog Clinic budgets over until the next meeting of the Board. It was decided to hold the appointment of four Tellers. tellers for each precinct over until the next meeting ' of the Board. Letter was received from Mr. Louis J. Bell who made'an offer of $30.00 for lot #9, Vine Brook Farm (Lincoln St.). The total amount outstanding on°this',lot at the time the Town took title to it was $109.00 and in order to cover registration costs and the fee of� the Town Counsel, it was decided to advise Bell that the Board would accept the sum of $200. for the lot. Letter was received from the Veterans of Foreign April 19th Wars endorsing the appointment of Malcolm H. Clifford Committee. to represent the Boy Scouts on the 19th.of April Committee. Letter was received from Henry F. tong, Commissioner of Corporations and Taxation stating that the vote passed by the Town authorizing the Selectmen to convey real estate was valid, but that it went further than most towns considered advisable in that no limitations are placed on the Selectmen, who are given blanket authority to sell land obtained by tax titles. He Sale of stated that it appeared reasonable that certain restrictions land, could be placed on the Board as a guarantee that the towns interest would be given ample protection without hindering the Board in the performance of its duties such as giving notice and holding an auction sale. , For these reasons, Mr. Long preferred the form of proposed vote which he had sent to the Board. No action was taken on the matter. ' The following commitments were signed: Sewer Connections_ $82.26 Water b 180.21 Wates liens - 106.09 Commitments Letter was received from the Appropriation Committee stating that they disapproved the item of $25. included In the Assessor's budget for gasoline and oil for the Assessor's Assistant Assessor's car. Mr. Potter moved that the budget. Board of Selectmen go on record as favoring the item for gasoline and oil in the amount of $25.00 included in the Assessor's budget for the Assistant Assessor's ear. Mr. Lyons seconded the motion and it was so voted. The Supt. of Public Work's report for the week ending January 25th, 1936, was received and approved. Report. The Welfare Agent reported that Harry Fisher of Bow Street was admitted to Westboro on January 23rd for Fisher, 35 days observation. case The Welfare Agent reported that Carl L. Nelson had been sent to Billerica for not paying his divorced wife maintenance for the children, and was released on Dec. 23rd, but that he was taken to Court again in the past week Nelson on another complaint of Mrs. Nelson, but it was postponed until February. Nelson was recently certified for the W.P.A. and started to work this morning. Mr. Mitchell asked the approval of the Board for clothing and shoes purchased for Nelson. Mr. Giroux moved that the recom- mendation be approved. Mr. Potter seconded the motion and it was so voted. The Welfare Agent reported that Mrs. Ivusick was now located at 24 Mass. Avenue and is paying $30.00 a month rent. He is aiding her in the amount of $6.00 Ivusick per week. Mr. Mitchell stated that he understood that the sewing unit could be increased and he had asked that Sewing eight more women be assigned to the unit. Unit Mr. Mitchell reported that the whole W.P.A. could be increased 25% in this town and that the men who were W.P.A. receiving welfare here would be taken from the list in Arlington. The Welfare Agent discussed the case of Louis Marchese of Vine Street. This is a family of eight people. The family had been furnished clothes out of the Gammell legacy. One of the girls is in school and has an illegitimate child. The Child Guardianship Division stated that they could take the girl and the child but if they did this, that they would separate them and the grandfather of the girl and the Society 270 for the Prevention of Cruelty to Children were very Marchese much against this. The man works for A. H. Burnham and receives $18. perweek and pays $20, per month rent. The mother is ill and the milkman is going to stop delivery on account of non-payment of the bill. Mr. Mitchell recommended medical attention for the woman by the Town Physician and milk if recommended by him. Mr. Potter moved that the recommendation be approved. Mr. Giroux seconded the motion and it was so voted. The Welfare Agent recommended that Mrs. Roberta D. Brigham who was living with her sister on Bellflower Brigham Street be aided in the amount of $7. per week. The woman has a Cambridge settlement. Mr. Giroux moved that the recommendation be approved: Mr. Potter seconded the motion and it was so voted. Mr. Mitchell discussed the case of Arthur Silva of 26 Bedford Street. There is a child five or six Silva years old who is threatened with pneumonia. Mr. Mitchell recommended medical attention for the child. Mr. Potter moved that the recommendation be approved. Mr. Giroux seconded the motion and it was so voted. The meeting adjourned at 12:15 A.M. A true record, Attest: f 1 J