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HomeMy WebLinkAbout1936-04-07 407 SELECTMEN'S MEETING. APRIL 7, 1936. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux, Clark and Ross were present. The Clerk was also present. Mr. William H. Kearns appeared before the Board and stated that he had asked for an appointment as a private citizen and not as an applicant for a position as he dida few weeks ago. He asked the Board what qualifi- cations it considered necessary for the appointment of the Supt. of Public Works of Lexington. He stated that after he appeared before the Board the last time, he received, a letter stating that the Board would give his application due consideration. He wanted to know why he was not given that consideration and asked if the Board had someone else in mind when he appeared and if they were not considering him. Mr. Giroux stated that Joseph Ross was not appointed Superintendent, he was appointed Acting Superintendent. Mr. Kearns wanted to know why Joseph Ross' s qualifications were superior to his; he was considered suitable to handle the flood control area in Lowell during the past two crises. ne stated that it was due to the theory that he had worked out that Lowell was not inundated as other cities were. He stated that he was an advisory engineer for the W.P.A. and sat in with the Boards in various towns and cities. He thought that the Supt. of Water & Sewer Department should be an engineer. Mr. Ross asked him if he could name any places in the vicinity where the Supt. of Water and Sewer Depart- Mr. Kemp meats were engineers. Mr. Kearns named Timothy Good of re: Cambridge. Mr. Ross stated that he was not an engineer position. but that he was Superintendent of a very large city and asked if he could name superintendents who were engineers in any towns comparable to Lexington. Mr. Kearns mentioned Phj.lip Welch of Reading. Mr. Ross replied that he was Supt. of Public Works. Mr. Kearns then mentioned Foster of Wilmington and Mr. Ross stated that Wilmington was a verysmall town that had its own water system. ystem. Mr. Giroux asked Kearns what he thought the Supt. t.P of Water and Sewer Department, if a trained engineer, would be worth and he replied that he should be worth from 43000. to $3500. a year. Mr. Giroux then asked what he though a foreman should get, and he replied that a foreman s wages would vary. Mr. Kearns asked the Chairman what he thought therequir ements of the Supt. of 2tter and Sewer Dept. should be and if he thou4ht that an engineer would be necessary. The Chairman re- plied that he thought a practical man with outsi e experience would be more valuable to the Town. . Kearns 408 then stated that he wished his name to go on record as an applicant for the position of Supt. of Public Works. The Board advised him that his name would be con- sidered in this capacity and he retired. At 8:00 P.M. hearing was declared open on the application of Stanley L. Cliff for permission to main- Cliff tain a one ear garage at lot No. 103 Simonds Road. Mr. Garage Cliff appeared and presented plan of the proposed gar- Hearing. age. No persons appeared in opposition. Mr. Potter moved that the permit be granted subject to the approval of the Building Inspector. Mr. Clark seconded the motion and it was so voted. At 8:05 P.H. hearing was declared open on the application of Walter Johnson for permission to maintain Johnson a one car garage at 65 Outlook Drive. Mr. M. Bowman Garage Judkins appeared in favor of the garage and presented Hearing. proposed plan. No persons appeared in opposition. Mr. Ross moved that the permit be granted subject ,to the approval of the Building Inspector. Mr. Clark seconded the motion and it was so voted. Mr. Fayton of the Lovell Bus Lines appeared before the Board with regard to the petition for the five cent Five cent fare in the Bartlett Avenue section. He felt that the fare, best thing to do wag to give a month's trial on a five Lovell Bus cent fare from Bartlett Avenue to Arlington or Lexington Lines. Center for the purpose of making a survey and he asked the Board to notify the people that signed the petition of this survey. The Clerk was instructed to notify Mr. Frank Cook that starting Monday, April 13, 1936, this service would begin. The Chairman suggested that a notice be posted in Roland's store. At 8:15 P.M., Messrs. Bidwell, Walter Rowse, Goodwin, Potter and Mrs. Bidwell and Mrs. Richard Rowse appeared before the Board to protest against the granting of the permit to keep chickens to Mr. A. 11. Roberts of 24 Adams Street. Mr. Bidwell stated that the following persons had asked him to represent them: Graves, Blod- gett, Tinkham, Chiesa, the tenant in the Snow house on Coolidge Avenue, and r. Baker of the Arlington Co-op. Bank. Mr. Bidwell stated that they were asking that the keeping of poultry be stopped first because Art.26, Section 1 of the Town By-laws stated that "no person shall keep any bird or fowl which by screeching or crowing or in any other manner disturbs the peace and quiet of any person", and secondly because the keeping of hens has been and is a common nuisance. He stated that last year they had said that it would become a common nuisance from the standpoint of odor, noise, flies and disease. He stated that last year before the permit was granted, Roberts built a chicken house by tearing 409 apart an old shed and repairing it, and last summer the chickens ran from Adams Street all the way back. He thought that about 700 chickens were kept there last year. He stated that everyone who lived in the vicinity found the noise very marked. Roberts has a time signal which turns on and off automatically during the night. He stated that Miss Blodgett had to keep her windows closed at night in order to sleep; that last year Mr. Horton told the Board that if the matter became a nuisance he would sell his property and move out of town; Mr. Tinkham has not noticed the noise but his family has; and all of these people have been annoyed by the flies. Newton does not grant like permits except in outlying .districts; Webster does not grant permits at all. Mr. Bidwell cited the case of Marshall vs . Holbrook, 276 Mass. , Chapter 341. If a Planning Board or any authority grants business permission to exist under the Zoning Law they have the right to do away with Complaint it because a license to exist is merely a revocable re: license. The Zoning Law furnishes no protection to it. Roberts' He stated that the hen yard was a disturbance to the Poultry. locality and not to an individual and that a common and general nuisance is determined such only if it bothers two or more people. He asked, in representation of all concerned, that the condition be modified or abated. He stated that there never had been a poultry farm on the Roberts property until last year and that it was a new business. Mr. Walter Rowse stated that last year 11 property owners appeared to protest against this condition and it did not seem possible that if eleven property owners in a residential section objected to that which one property owner was doing and if that very objection was not allowed according to the Town By-law, that the Board could maintain their attitude on the appeal. He did not think that eleven residents could be fundamentally wrong. It would seem that all they would need to do would be to call the attention of the Board to the By-law. Mr. Rowse lives at 17 Winthrop Road and owns property at the corner of Adams Street and Coolidge Avenue. However, one of his neighbors kept hens and he thought the stench was terrible. He thought that if he had an opportunity to sell his lot on Adams Street that it could not be desirable to a purchaser. The lot has more than 25, 000 square feet and he considered it practically value]ass. He asked the Board's consideration of hie protest and wondered if this would not be enough so that they would not have to come before the Board again. He felt that they would have recourse to something further if the Board did not give the people consideration. Mr. Giroux asked if Roberts moved his chicken farm to the rear of his property it would still be a nuisance and Mr. Bidwell replied in the affirmative. He stated the modification he had in mind was to move the farm, as he owns land in Concord and on the other side of the Chiesa property. 410 y C The Chairman stated that last year when the matter first came up, the Town Counsel ruled that a chicken farm was an accessory use and he understood that these people were now claiming that there was a nuisance. Mr. Bidwell stated that it had been the ruling of the Newton Board of Health that the presence of noises had markedly to do with health and that anything which dis- turbs normal sleep was a health menace. Mr. Potter stated that he rented his house and that he was brought up on a farm and was a sound sleeper, but that the noise of the hens and roosters disturbed him a great deal. He stated that the lights in the hen yard were turned on before 12 o'clock some nights. Mr. Goodwin felt that the keeping of the hens was a nuisance. He had to get up at 5 o'clock in the morn- ing and it was a common thing for the hens to wake him up several times during the night. They never had as many flies as they had last year. Mr. Rowse stated that he would like to raise the point if the aspect would be changed any if a man owned a farm and a residential neighborhood grew up around it. The Chairman stated that even in an R.1 District a man could farm a large tract of land. Mr. Rowse stated that his complaint was on a health and nuisance basis, and the henyard was minimizing the value of his property. He stated that with the exception of a small part of his land, fifty to seventy-five per cent of Roberts' property was valueless as a farm and he therefor could not stress his legal rights as a farmer. The Chairman asked Mr. Bidwell if he was correct in his understanding that the oomplaint was on a health, odor, noise and nuisance basis and on the devaluation of property, and Mr. Bidwell stated that it was, as it might be divided or as it might be joined. Mr. /Was asked if the Town would be liable If it rescinded Roberts' permit, and Mr. Bidwell replied that under the Marshall case he thought not and he thought that the same body which issued the permit had the authority to rescind it without liability. The group retired. The Chairman stated that the permit was in accord- ance with the Zoning By-law and the only question on which the Board could revoke the permit was on the question of a nuisance. Mr. Potter suggested that the Health Inspector be sent up to see Roberts and ask him to move the hens to his other piece of land. Mr. Giroux moved that the Health Inspector be requested to see Roberts, after he had been presented with this evidence, and that Roberts be requested to move his hen yard, but the motion was not seconded. The Chairman felt that the Board had a specific com- plaint and that as long as this evidence was at hand, the Health Inspector should be instructed to investigate 411 and make a report of the investigation to the Board and that Roberts should be notified that he was maintaining a nuisance and if he felt that he was not maintaining a nuisance, that he could fight it. Mr. Giroux moved that Roberts be notified that complaints had been received from eleven of the residents in the immediate vicinity of hisproperty, that he was maintaining a nuisance contrary to the provisions of Article 26, Section 1 of the General By-Laws of the Town of Lexi ton and that the nuisance must be abated; and Lexington, that the Health Inspector be requested to investigate the complaint of the health menace and report to the Board. Mr. Potter sedonded the motion and it was so voted. Mr. Potter read a letter which he had received from the local Post of the American Legion requesting the use of Cary Memorial Hallfor a minstrel show on April 14 Use of and a three act drama on April 20th. No admission was Hall. to be charged for these performances. Mr. Giroux moved that the use of the hall be granted on these dates free of charge and that the Legion be informed that they would be held liable for the character of the shows. Mr. Ross seconded the motion and it was so voted. The Chairman stated that he had received a request from the Briggs Class for the use of Cary Memorial Hall Use of on Sunday, April 19th, for the purpose of holding a Hall. patriotic meeting from 12 noon to 1:00 P.M. Mr. Potter moved that the use of the hall be granted free of charge. Mr. Ross seconded the motion and it was so voted. Mr. Ross stated that 37 children congregated on Lowell Street to get the school bus and he wondered if Shelters the W.P.A. would approve a project for the construction for school of a shelter. Mr. Trask stated that he took up the children, matter with the Supt. of Schools two years ago to be done W.P.A. as a C.W.A. project, but he objected. The Chairman projects. suggested that the Supt. of Public Works investigate and make recommendations for locations and that ".P.A. pro- jects be applied for. Mr. Ross moved that Mr. Trask sub- mit the consAruction of shelters at the corner of Lowell and Haskell Streets and Pleasant Street, either at Concord Avenue or Wellington Lane, as W P.A. projects after conferring with the Supt. of Schools as to locations, etc. Mr. Giroux seconded the motion and it was so voted. Mr. Ross stated that John Collins had asked him if he would bring before the Board the question of extra help on dumps. After viewing the dumps, Mr. Ross thought that he was justified in wanting extra help. Help on He spoke of the condition of the dump at the Arlington- Dumps Lexington line opposite Sylvia Street and requested the Clerk to speak to Mr. Stevenson about it. Mr. Trask stated that he told Collins to give his attention to the Lincoln and Woburn Street dumps and 412 01 that when they got ahead of him, they would shove the material back and burn it up. The Chairman stated that Clarence Walker had spoken to him about Tower Street. The petition for the layout and construction of this street was handled by John T. Cosgrove who lives at the corner of Tower and Richard Roads. The Leat ngton Trust Company owns the house almost opposite Cosgrove's house and Mr. Cosgrove laid out the street so as not to include the house owned Tower by the bank. He laid out 455 feet so as not to include Road. the vacant lot which he owns side of his house. The Bank was not consulted and they thought that the street was going to be constructed past their property. They have told a prospective customer that the street was going to be constructed and the buyer was going to have the payment apportioned over a ten year period. The Chairman stated that if the Town had money enough to construct the additional 75 feet out of the appropriation and charge the betterment and allow the abutters to have it apportioned, it would be all right, but if not, the 75 feet could be constructed and both the Bank and Cosgrove could pay cash. Mr. Trask stated that he thought the. 75 feet could be constructed for 4250.00. The Chairman asked Mr. Trask if Mr. Cosgrove knew that there was no drainage in Mass. Avenue When he figured the drainage for Tower Road and the other streets, and Mr. Trask replied in the affirmative. Mr. Giroux moved that the matter be left in the hands of the Chairman to work out as best he could with the Bank and the Board would agree to whatever he could work out. Mr. Ross seconded the motion and it was so voted. The Chairman thought that the Town Engineer should be severely criticized for his work on this street; and for laying out street drainage in the manner in which he did this. The Chairman asked Mr. Trask if the Town Engineer furnished plans, profiles, cross-sections, etc. before a street was constructed and he replied that he did not. He said that after Farmcrest Avenue was started, he found out that they had no detail and Mr. Cosgrove stated that Arlington did not show detail. Town Mr. Trask told him that when they did the streets in Engineer to the Tower Road section he wanted the detail shown the prepare plans same way that the County Engineers show it. showing de- Mr. Ross moved that the Town Engineer be instructed tail. that in the future he is to prepare proper plans showing profiles, cross-sections and detail of the construction of any streets, drainage, water and sewer conntruation and any public utilities. Mr. Giroux seconded the motion and it was so voted. Mr. Clark moved that the Town Engineer be invited to appear before the Board next Tuesday evening at 8:30 to explain the manner in which he handled the Tower Road layout and construction. Mr. Giroux seconded the motion and it was so voted. 413 Mr. Trask stated that he had received a special re- ' port from Mr. Raymond of Metcalf & Eddy of the drainage in this area. Mr. Trask had the Mass. Avenue situation in mind when his original budget for the Highway Depart- ment was made up. He said the cheapest way, but not the one recommended by Metcalf & Eddy, would be to install a 12 inch pipe from Mass. Avenue, 172 feet toward Lex- ington and have the water drain into the catch basin near Tower Park, and he felt that the whole thing could be Drainage done for about $400.00. Metcalf & Eddy proposed to Tower Rd. install a 24 inch drain in Mass. Avenue starting at section Marrett Road and in Mass. Avenue enue all the way to the Curve Street drain. At the time there is a catch basin and 12 inch main in Mass. Avenue about 300 feet from Tower Road and if the thing were done as it should be done, the drain could start at Tower Road and connect with the catch basin and 12 inch pipe just beyond Maple Street and the cost would be about $1250.00. Mr. Giroux moved that the Board approve the installa- • tion of the 24 inch drain for a distance of 300 feet from Tower Road toward Maple Street at an estimated cost of $1250.00 in accordance with Metcalf & Eddy's special report, and that the expense be charged to the Highway Maintenance Account. Mr. Ross seconded the motion and it was so voted. Letter was received from Stephen F. Hamblin asking if it would be possible to improve Clarke Street in front of the Hancock School. Mr. Trask stated that the only Clarke thing to do was to try to improve the surface of the Street. street and to force the surface water into the gutter. He stated that some work was going to be done on this • street. Letter was received from Stephen F. Hamblin stating that there was a rumor that the Town would be using filling material for work on Grove Street and that there Offer of was a large pile of gravel on the property at 93 Hancock gravel. Street which he thought might be suitable for such filling. He stated that he would be very glad to dispose of the gravel pile and would even give it away for the hauling. He stated that there are at least 300 loads in the pile. The Chairman requested Mr. Trask to go up and look at the gravel. Mr. Giroux moved that the matter be referred to the Supt. of Public Works for investigation and report. Mr. Ross seconded the motion and it was so voted. Letter was received from the Supt. of Public Works stating that he attended the meeting called by the County Commissioners to discuss damage done by the recent Flood floods. He made a request for $2000. to repair the damages. damage on Grove Street, $800. to repair the culvert on Concord Avenue and $300. to repair the culvert at North Street. He stated that as the damages in many towns ran into thousands of dollars, he did not believe that there 414 1-3 s.3.. was much prospect for Lexington to obtain much assist- ance unless they forfeited some of the money which might normally have come to the Town for Chapter 90 construction. The Supt. of Public Works reported that some time Trees ago the Arlington Gas Co. had a gas leak at the corner killed by of Haskell and Lowell Street which caused the killing gas leak. of three trees . The trees have been cut down and the Company has asked the Town for a release from any further dlaim for damages. Mr. Giroux moved that no action be taken on the matter. Mr. Clark seconded the motion and it was so voted. The Supt. of Public Works reported that the Board Burgess' had approved a salary of $30.00 per week for a 25 hour salary. week for Harry Burgess. The W.P.A. is now *orking a 28 hour week and Burgess thought that he should get paid for the three additional hours. Mr. Ross moved that the matter be held over for one week. Mr. Giroux seconded the motion and it was so voted. The Supt. of Public Works reported that the Town Contract had always signed a contract in the amount of $10.00 for water per year for maintaining the two water coolers in the coolers Town Office Building. Mr. Potter moved that the con- tract be signed. Mr. Giroux seconded the motion and it was so voted. The Supt. of Public Works reported that when blast- ing in front of the King house at 230 Lincoln Street last Fall, a radio tube was broken as a result of a Repairs to very heavy blast. Victor Harmon had fixed the radio radio. three or four days before, and right after the blast it went out of orddr again. The radio was repaired at a cost of $4.00. Mr. Ross moved that the bill in the amount of $4. be approved for payment. Mr. Giroux seconded the motion and it was so voted. The Supt.. of Public Works reported that Mrs. Annie Pero water Pero of Independence Avenue had had an increase of $3.51 rates . over the minimum charge in her water rates. The increase was due to a leak in the plumbing and she had requested that the excess charge be abated. Mr. Potter moved that no action be taken on the matter. Mr. Gir- oux seconded the motion and it was so voted. The Supt. of Public Works reported that he has asked the W.P.A. authorities to discharge James Redman and Charles Gates, who were the two men who stole the rubber boots at East Lexington, but the man in charge of Labor and Management did not feel that the two men should be discharged. Mr. Trask thought that if these two men were allowed to return to work the affect on the 415 other men would be bad because everyone knew that they had stolen the materials. Mr. Ross moved that the two men be discharged. Mr. Clark seconded the motion and it was so voted. The Supt. of Public Works informed the Board that Vito Vidette who was working on the W.P.A. had thrown Vidette down his tools and told the foreman that he would not discharged work and the foreman discharged him. The W.P.A. Labor from W.P.A and Management office recommended that Vidette be laid off for two weeks. Mr. Giroux moved that Vidette be discharged. Mr. Potter seconded the motion and it was so voted. The Supt. of Public Works reported that the Police car had been run 61,000 miles and that the rear end was beginning to go and that the transmission was not in very good shape and it is at the point where money will Police car have to be spent on it . He recommended that a new machine be purchased. Mr. Giroux moved that the Supt. of Public Works be requested to ask for bids on a car to replace the Police Car. Mr. Potter seconded the motion and it was so voted. The Supt. of Public Works stated that he knew that damage had been done to John Cotter's fence and it was a question of getting a fence man out to take care of Cotter this and other fences which had been damaged and that Fence. this was going to be done very shortly. Mr. Trask stated that he had already notified Cotter to that effect. The Supt. of Public Works reported that there were no W.P.A. projects for the elimination of mosquitoes and stated that the W.P.A. does not make surveys of this nature. The Town would have to make the survey and Mosquito submit the project to the W.P.A. authorities. This pest report was submitted as a result of Mr. E. S. Emery's menace letter inquiring as to the possibility of the minimizing of the mosquito pest menace. Mr. Ross moved that Mr. Emery be notified that the W. P.A. does not make surveys of this nature and that therefor nothing further can be done on his request. Mr. Giroux seconded the motion and it was so voted. The matter of the purchase of the Highway grader was held over for one week. Grader The Supt. of Public Works reported that the Arlington Gas Company would like a permit to excavate 1850 feet in Shade Street for the purpose of laying a two inch Gas main, main off the travelled way and on the side opposite Shade St. from the water main. Mr. Ross moved that the permit be granted. Mr. Potter seconded the motion and it was so voted. 416 0-3 Mr. Ross informed Mr. Trask that Frank Canessa had a truck which needed repair and which he would fix CanessAfs up if it could be put to work on the W.P.A. He is truck on now on relief and can go off relief if his truck is W.P.A. put to work. He asked Mr. Trask if this could be done, who replied that he believed that it could. Mr. Ross moved that the Supt. of Public Works be instructed to engage Frank Canessars truck if it is any good and that he be given his proportionate share of the truck time on the W.P.A. , with the understanding that he was to go off relief if this were done. Mr. Potter seconded the motion and it was so voted. List of Mr. Ross asked Mr. Trask if he would present next truck time Tuesday evening, a sehedule showing how m#ch time had on W.P.A been put in by the different trucks on the various projects since the beginning of the W.P.A. last fall. Mr. Giroux told Mr. Trask that he had heard a Question rumor to the effect that the Supt . of Public Works re truck. had a truck which was registered in someone else 's name working on the W.P.A. and he asked Mr. Trask if this were true so that he could discount the rumor. Mr. Trask stated that he anted one automobile and did not own any trucks. Mr. Trask stated that Jesse Curra wanted to know Curra's if his team could be put on the W.P.A. One team which team on belongs to Dalrymple has been used for about a year . W.P.A. Mr. Rosa moved that the Supt. of Public Works be authorized to use his own Judgment in this case. Mr. Potter seconded the motion and it was so voted. Mr. Trask stated that he had received requests for trees from persons living on various streets and Shade that he had been getting figures on American shade Trees. trees. The only good trdes that he can get are Rook 14 Maples and the price is $2.75 each. There is $200. available for the purchase of shade trees and he requested that he be allowed to purchase 70 Rock Maples at $2.75 each. Mr. Ross moved that the Supt. be authorized to purchase the trees. Mr. Potter seconded the motion and it was so voted. The Chairman read a letter from Helen E. Ready Ready requesting that the Board give further consideration damages to to payment of the bill for damages to her car which she car. alleges was caused by a boulder in the middle of Park Drive. Mr. Clark moved that the bill be approved. Mr. Giroux seconded the motion and it was so voted. Commitment of Water Liens amounting to $46 .80 and Oommitment . Commitment of Water Guaranty charges in the amount of $147.97 were signed by the Board. 417 Report of the Supt. of Public Works for the week ending April 4th was received,. Report Letter was received from the Supt. of Publib Works acknowledging receipt of the Board's letter of April 1st quoting the vote passed by the Selectmen on March 31st terminating his services as Supt. of Public Works on May 1st, 1936. Mr. Trask stated that the Board had never before given any intimation that his work had not been satisfactory but had frequently commended him for certain Letter from improvements in the conduct of the office and as recently Supt. of Pub- as February 18, 1936, had voted without a dissenting vote , lic Works to ask the Town Meeting to grant him a salary increase which re: was not requested by him and he thought that the Board's dismissal. action was harsh and unjust. Mr. Trask requested a letter from the Board setting forth specific reasons why he -had been given this summary dismissal. Inasmuch as it was then 11:45 P. M. , Mr. Giroux moved that the matter be held over for one week in view of the lateness of the hour. Mr. Ross seconded the motion and it was so voted. The Chairman asked the Board what it wished to do with regard to leaves of absence or vacations for the Town Physician and Health Officer. Mr. Girous moved that the Chairman write a letter to both officers advising that previously these postlons were held by one man and no allowance has been made in the 7750.00 appropriated for Town Physician for leaves of absence, and that the Chairman inform the Town Physician that he was to engage someone to Leaves of take his place when he was away and that any expense in- absence of curred would have to be borne by him; and that Mr. Mitchell Town Physi- be notified in advance. Mr. Ross seconded the motion and cian and it was so voted. Health Mr. Giroux moved that the Health Officer be requested Officer. to advise the Board of Health in advance when he is away. Mr. Ross seconded the motion and it was so voted. Letter was received from Rev. Crawford 0. Smith of the Baptist Church requesting that consideration be given Playground Virginia Bennett, who was an applicant for a position at the applicant playground this coming summer. No action was taken on the matter. Letter was received from the Town Counsel regarding Selectmen's records, as follows: "General Laws, Ch. 66, relating to Public Records, in sec. 6 provides that every board----of a town 'shall designate some person as clerk, who shall enter all its votes, orders and proceedings in books and shall have the custofy of such books, and the-----board----shall designate an employee or employees to have the custody of its other public records. Every sole officer in charge of a department 418 01 or office of the commonwealth or of a county, city or town having such public records in the department r Town Counsel ' s or off ice shall have the custody thereof. ' opinion re Sec. 10 of the same chapter provides, /Every Selectmen's person having custody of any public records shall, Records at reasonable times, permit them to be inspected and examined by any person, under his supervision, and shall furnish copies thereof on payment of a reason- able fee. In towns such inspection and furnishing of copies may be regulated by ordinance or by-law. ' G. L. Ch. 4, sec. '7 (13th) interprets the work /books ' when applied to the records of cities and towns permitting loose leaves if they are subsequently bound. " It was the opinion of the Town Counsel that since the Selectmen are a board of a town, the foregoing stet-tins apply to their records, and their records are public records. The Selectmen stated that in some other towns the Method of votes are public records but the rest of the records copying are not made public . Mr. Ross moved that the matter records. be held over for one week. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Town Counsel which stated that A. .Ross & Son preferred to settle their case directly with Mr. Carroll and that this would be satisfactory to Carroll. He stated that it would be satisfactory to him if Ross and Carroll disposed of the matter without his intervention provided the Selectmen would relieve him of any responsibility for the disposition of the case. He asked that the Ross case Board write him to that effect so that he could notify Attorney McCabe that he need not concern himself with it. Mr. Ross stated that it would be agreeable to have the matter handled by the Town Counsel as originally voted and it was decided to inform Mr. Wrightington that he was to settle the case as orig- inally instructed. The Chairman stated that Dr. Blakely wanted to Dog Clinic know if he was to purchase the supplies for the Dog Clinic. Mr. Ross moved that Dr. Blakely be instructed to purchase the supplies needed. Mr. Potter seconded the motion and it was so voted. Letter was received from James J. Sullivan, Chief of Policethanking the Board for the leave of absence granted him and stating that he now felt able to return to duty. Mr. Giroux stated that he thought the 419 Chief should be asked to appear before the Board and be told that there had been several complaints with regard to the Police Department and that he could go back to work and that this leave of absence had been sort of a warning. The Chairman stated that the Chief had been feeling poorly and had been staying in the office on account of a running ear and the Board felt that he should not be criticized at the time on account of his health and if his illness was going to be permanent, that he should be retired. Mr. Clark moved that if the Chief felt that he wanted to return to duty and it was his physician's opinion that it was all right for him to do so, that the Board reinstate Reinstate- him and that he be called before the Board later on and be ment of informed of the situation. Mr. Giroux seconded the motion-Chief and it was so voted. Sullivan The Clerk was instructed to get the approval of the Civil Service Commission for the removal of Ryeroft and the reinstatement of the Chief. Letter was received from the Town Counsel to which was attached a copy of his letter to the Water Dept. disposing of the Town 's claim against James J. McGann for a Water Guaranty which he understood the Board had authorized him to settle for the payment of $100.00 already made. The Chairman stated that he did not understand that the Board ever agreed to settle the McGann case for $100. Mr. Ross stated that he talked with the Chairman and Mr. Potter McGann on the case and that both agreed to the settlement of $100. Water and that later, when talking with the Town Counsel, he Guaranty told him of the feeling of the three members. Mr. Potter moved that the Town Counsel be authorized to settle the case for $100. Mr. Ross seconded the motion and it was so voted. Letter was received from Eliot T. Sturgis, Jr. accept- Depot Park ing his appointment to the Committee which is to handle the Committee improvement of Depot Park. Letter was received from the Mayor of Lowell expressing Lowell's appreciation for the assistance rendered by Lex- ington during the recent flood. Letter was received from the Secretary of State asking for a certificate of character for Richard R. Wiggins of 7 Maple Street who is to be a director in the Boston Wholesale Meat Dealers Association, Inc. Letter was received from Cert. of the Acting Chief of Police stating that Richard R. Wiggins character, had an excellent reputation and had no police record. Mr. Wiggins Giroux moved that a certificate of good character be fur- nished the State. Mr. Ross seconded the motion and it was so voted. Letter was received from Mr. Wrightington giving his Opinion re: opinion on signs, which was held over for one week. signs. 4201.3 01 Letter was received from the Town Counsel giving his opinion on the propriety of paying a bill of $4.50 rendered to the Town by one of the Registrars of Voters for painting some signs. Section 1, Art. 2 of the By-Laws forbids any member of a Board to join in making any bargain by or through which he has directly or indrectly any pecuniary interests other than in common with the other citizens. Section 2 forbids a member of a Board to receive any compensation other than his salary voted by the Town for any work or services per- formed by him in connection with his duties as a member of such Board. General Laws, Chapter 54, Section 24, provides that the Selectmen of a Town shall designate the polling place for each voting precinct Truesdell's and cause it to be suitably fitted up and prepared bill - therefor. When the polling plaeea have been designated Town Counsel the Selectmen must post a printed description of the opinion. polling places in at least three public places in each precinct "and may give further notice thereof". Mr. Wrightington stated that he found nothing in the Statutes which gave the Registrars of Voters any autho- ity or responsibility with respect to the actual voting or the preparation or control of the voting places. In his opinion, the service performed by the Registrar of voters in question was not "in connection with his duties as a member of such Board". He was also of the opinion that neither he nor his Board made any bargain for the services in question as he thought that that must have been done by the Selectmen or their agent. Mr. Wrightington was of the opinion that the bill might properly be paid. Mr. Ross moved that the bill be approved. Mr. Clark seconded the motion and it was so voted. The Chairman reported that he had talked with the Opinion re Town Counsel re the hiring of Ross 's trailer and he Ross 's did not think that this should be done. He asked trailer. Mr. Wrightington about Ross 's trailer being hired to move Steven's shovel on Town work, and he was informed that each case should be considered separately. Beano Letter from the Town Counsel re Beano was held opinion. over for one week. Letter was received from the Town Counsel regarding authority to determine the salary of the Clerk of the Salary Board of Asseso rs. Attention was called to General of Laws, Chapter 40, Section 108, which provides that Assessor's Boards or heads of Departments of a Town shall fix the Clerk. compensation of all employees appointed or employed by them. In his opinion, the Board of Assessors, acting within the total of their appropriation, might fix the compensation of their Clerk. 421 Letters were received from the Connor Electrical Corp. and B. S. Barnard & Co. regarding the installation Under- of underground cable. The Clerk was instructed to advise ground these concerns that the Fire Engineers would receive cable . these bids, Letter was received from the State Dept. of Public Welfare stating that they had received a letter from the Secretary of the Lexington Public Health Association Survey of requesting a survey of the Lexington Dept . of Public Dept . of Welfare. She was advised that the request would be Public complied with provided the Selectmen wished such a Welfare. survey made. Mr. Clark moved that the State Dept . of Public Welfare be notified that the Selectmen did not wish such a survey made as they were taking care of the matter themselves. Mr. Ross seconded the motion and it was so voted. Tracy W. Ames was drawn for jury duty for Criminal Business to be held at Cambridge on Monday, May 4th. Juror Mr. Clark moved that a notice be inserted in the local paper and also a notice sent to the Tufts Engineer- Position ing School to the effect that the Selectmen would receive of Supt. applications from candidates for the position of Supt. of Public of Public Works. Mr. Ross seconded the motion and it Works. was so voted. Mr. Potter moved that the following permits be granted: Edison Elec. Ill. Co. -1727 Mass. Ave. - Overhanging Sign William E. Maloney - 97 Mass . Ave. - " " Permits Ernest K. Ballard - Wood Street - 200 Swine. Mr. Clark seconded the motion and it was so voted. Mr. Potter moved that the Board of Registrars be asked to advise as to the number of tellers that would be Tellers needed for the Primary Election to be held on April for 28th. Mr. Clark seconded the motion and it was so Primary voted. Election. The Chairman stated that Miss Margaret Keefe, who was appointed tp the Posture Clinic last week, was not a voter in Lexington. Posture Mr. Giroux moved that Miss Margaret Noyes be Clinic. appointed to this position to replace Miss Keefe. Mr. Clark seconded the motion and it was so voted. The Welfare Agent discussed the case of Mrs . Mary Vidette, age 57. Her son Vito was discharged from the Vidette W.P.A. a couple of weeks ago and has not been reinstated. case. One son has tuberculosis and one daughter earns *6. per week. Mr. Mitchell recommended that she be aided in an amount not to exceed *9.00 per week. Mr. Clark moved that the recommendation be approved. Mr. Potter seconded the motion and it was so voted. 422 CI The Welfare Agent discussed the case of George Balduf of Marrett Road, a State Case. Balduf was notified that if he did not pay six months ' water rates Balduf within three or four days, his water would be shut off. case. The bill was paid crnce before with the approval of the State Board. Mr. Potter moved that two quarters of the rates be paid. Mr. Ross seconded the motion and it was so voted. The Welfare Agent discussed the case of Mrs. Brown Brown who lives with the Carroll's on Waltham Street. He case. stated that he was waiting for the recommendation of the State to raise her assistance $1.00 per week from $5. to $6. per week. Mr. Potter moved that such increases be approved. Mr. Clark seconded the motion and it was so voted. The Welfare Agent discussed the case of Donald Timothy. He went to Dr. Hardcastle who put him on a strict diet and told him he must refrain from work. He has kept sober since he went to Dr. Hardcastle. As an experiment, Mr. Mitchell suggested that the Board allow him $2.00 per week to cover his washing and give him -�• some spending money. The Town is now paying $7.00 par week to Mrs . Leary for his board and room. Mr. Clark asked if he thought this would help any and Mr. Mit- chell stated that if he went along as he has been, he would be picked up and taken to Court and given a suspended sentence. Mr. Giroux moved that the Board approve giving him $2.00 per week and that Mr. Mitchell give a report on the results within two or three weeks for further action. The meeting adjourned at 12:30 P.M. A true record, Attest: Clerk. '