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
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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
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the amendment were placed before the Town Meeting, several
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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
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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
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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
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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.
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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.
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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.
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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:
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