Loading...
HomeMy WebLinkAbout1936-05-26503 SELECTMENTS MEETING ' MAY 26, 1936. A regular meeting of the 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. James F. Little appeared before the Board and presented a plan showing that part of Nichols Road that links up Blake and Simonds Roads. The Lexington Build- Nichols ing Trust is planning to build the road themselves and Road. would like the plan of the road approved by the Select- men . The Chairman told Mr. Little that it would be necessary for him to apply for a Board of Survey layout of the street. Mr. Ross moved that Patrick J. Maguire be appointed Dog Dog Officer from May 1, 1936 to April 30, 1937. Mr. Officer Potter seconded the motion and it was so voted. appointed. At 8:00 P.M. hearing was declared open on the application of Mrs. C. R. Reed to maintain a one car Reed garage at 40 Wachusett Drive. No persons appeared in Garage favor or in opposition and no action was taken on the hearing. matter. At 8:05 P.M. hearing was declared open on the application of John A. Murray for permission to maintain a one car garage at 17 Theresa Avenue. Mr. Murray Murray appeared and presented plan of the proposed garage. No garage persons appeared in opposition. Mr. Clark moved that hearing. the permit be granted subject to the approval of the Building Inspector. Mr. Ross seconded the motion and it was so voted. Letter was received from the Supt. of Public Works stating that about one's -half a carload of 15 inch pipe would be required for a drain at the skating rink. Also, Mr. Wrightington has notified the Supt. that a IS inch drain is required at the Shea property in East Lexingtbn Drain in accordance with an easement granted by the owner, pipe. The following prices on 15 inch pipe were obtained: Eastern Clay Goods CO. - $1.80 per ft. Less 68% - $.576 Portland Stone Ware Co. - it tt Lexington Lumber Co. - $.574 per ft. less 2% cash ten days. Thp pipe may be unloaded by W.P.A. labor and a considerable saving will be effected. As ten days is required between the placing of the order and the ' arrival of the car in Lexington, Mr. Raymond ordered a car through the Lexington Lumber Co. in order not to delay the work at the skating rink and he asked the Boardta approval of his action. He also requested, the 504 01 Board's approval to place an order for 375 feet of 12 inch pipe for another drain at the skating rink from the New England Concrete Pipe Corp. at $.38 per lineal foot. Mr. Clark moved that Mr. Raymond's action in ordering a car of pipe through the Lexing#on Lumber Co. be approved and that he be authorized to order the 12 inch drain pipe for the skating rink. Mr. Potter seconded the motion and it was so voted. Letter was received from the Supt. of Public Works W.P.A. stating that the W.P.A. Insect and pest control project Tree had reached the stage where it was doing little good trimming because the caterpillars are leaving the tents and project. cannot be destroyed economically. Messrs. O'Connor and Garrity have suggested that this project be developed by trimming some of the large shade trees in Town and felt that this work should be supervised by an experienced tree worker. The projoct now has seven men and under the W.P.A. rules, a non -relief man cannot be carried on the W.P.A. payroll. It was suggested that Joseph T. Ferry be put to work at the expense of the Town and be paid $.60 per hour. Mr. Clark moved that Joseh T. Ferry be put to work at the specified rate of 9.60 per hour. Letter was received from the Supt. of Public Works relative to the property on Taft Avenue formerly owned , by John Stanley. The upper stories of the house were destroyed by fire and the first floor was roofed over and building paper was applied. For some time some- body lived in the two or three rooms in the basement, Stanley but for the past two or three years, the property has property. been unoccupied. The children in the neighborhood have been playing among the furniture and debris. The place is a hazard tothe health and safety of children and Mr. Raymond recommended that it be condemned and the woodwork pulled down and the furniture and bed - clothing moved and disposed of. Mr. Ross moved that Mr. Raymond be instructed to contact Mr. Wrightington to find out what the Board's action should be in this case and to proceed in accordance with his instructions. Mr. Potter seconded the motion and it was so voted. Letter was received from the Supt. of Public Works stating that Carl Hauck bad requested that a photograph of the statue of the Lexington Minute -Man which he has Photo of carved be taken., It would cost $5.00 Per such a statue, photograph as he desired. Mr. RW mond asked whether or not the Board approved paying for such a photograph Inasmuch as there is no account from which such bill might be paid, Mr. Giroux moved that no action be I taken. Mr. Potter.seconded.the motion and it was so voted. 1-1 1 Letter was received from the Supt. of Public Works stating that Mr. Scamman, former Supt. of Public Works, was of the opinion that Mr. White had promised to fix up the Tocio driveway but that it was overlooked. Mr. Raymond planned to have the matter attended to as soon as convenient. Mr. Ra and informed the Board that there was a deficit of 937.88 already in the appropriation for the construction of Richard, Plymouth and Tower Roads, and Mr. Paxton estimated that the total excess would amount to $1500.00. The Chairman stated that he thought the Board was entitled to an explanation as to the difference in the estimate and the actual cost. Mr. Raymond stated that it had been customary to install 8 inch drain pipe before Metcalf & Eddy presented their report, but in that report they recommended strongly that 12 inch pipe be installed and .12 inch pipe was installed in these streets. Mr. Clark moved that a detailed statement be furnished the Selectmen as to the reason that the cost of the construction of these streets exceeded the 50.5 Tooio driveway. Deficit in construct - tion appropria- tion. appropriation by such a large amount. Mr. Giroux seconded the motion and it was so voted. Mr. Giroux suggested that when Mr. Raymond had Engineering sometime, he look into the workings of the Engineering Department. Department'to see that it was functioning satisfactorily. The Chairman stated that in the Town of ,Arlington before a house is started, it is necessary for the builder to go to the Town Engineer who checks the grade of the sill and he makes a charge of $2.00. Before the Building Inspector issues a permit, he must have a certificate that the sill and the grade are O.K. and the Chairman suggested that it might be a good plan for Lexington to adopt such regulations. Mr. Giroux moved that a letter be written to the Town Counsel to see if the Town could establish such regulations. Mr. Potter seconded the motion and it was so voted. Mr. Ross suggested that the Town Engineer and Mr. Raymond supply the foreman on the Mill Brook project with a detailed plan so that the project might be worked out satisfactorily, Mr. Ferguson thought that the Town Engineer had a plan that was approved by the railroad giving the Town the right to install the pipe under the railroad and that this plan included the bead walls. Mr. Raymond stated that such a plan would probably fill the railroad requirements but that he did not call the construction of the head wall an efficient hydraulic construction. No action was taken.on the matter. Regulations re buildings 'Mill Brook - Plan. 506 The Supt. of Public Works informed the Board that it would cost approximately $175.00 to fill in the ditch at the Lexington Home for the Aged, assuming that Drainage, the work would be done by the Highway Division employees. Lex. Home Mr. Raymond said that he had not heard from Mr. Rowse for Aged. wince writing him on May 15th requesting permission to fill the ditch in. Mr. Potter moved that the matter be held over until Mr. Raymond heard from, Mr. Rowse, Mr. Clark seconded the motion and it was so voted. Letter was received from the Supt. of Public Works stating that Mr. Paxton had reported that no con— struction was done on Fern Street or Independence Road which would in any way result in an increase in the amount of storm water which would flow onto the Needham property and cause damages such as have been claimed. The water pipe which Mr. Needham referred to is a one inch pipe installed in 1928 to the house of Oscar Needham and is located in a right of way.to land of Oscar Needham as shown upon a plan on file in the Registry of Deeds. The entire cost of the service was paid for by Oscar Needham and presumably the service pipe is his property and not that of the Town.. Therefor if the right of way through which the pipe is laid is the property of Mr. Harold Needham and he wishes its location changed, it is a matter for him to settle Needham with Mr. Oscar Needham and not with the Town of complaint. Lexington. In view of this fact, it was Mr. Raymond's opinion that there was no liability on the Townes part for -damages which Harold Needham claimed. Mr. Raymond thought that it would be useless to build a driveway for Needham anyway unless a very heavy pavement was provided. Mr. Ross moved that Mr. Raymond's opinion be accepted and that Mr. Needham be notified that the Town was not liable for damages to his driveway. Mr. Potter seconded the motion and it was so voted. Mr. Raymond stated that he understood that it had been the policy here that the Town was liable where water came from an unfinished street onto private property. In Needham's case, the damage was the result of an abnormal rainfall and he did not think that the Town was liable. Letter was rdeeived from the Supt. of Public Works stating that in order to avoid excessive amounts of filling along Lowell Street some distance northerly Drainage, of Haskell Street and provide a suitable slope to Lowell St. the roadway shoulders to insure satisfactory drainage, it seemed best to install about 150 feet of 12 inch drain and provide two catch basins in the low area. There is enough pipe on hand to do this work and he instructed. the Supt. of Highways to install the nec- essary drain and asked the Boardts approval of this 507 Mr..Raymond stated that the State Engineer had action. Mr. Clark moved that Mr. Raymond?s action in the matter be approved. Mr. Ross seconded the motion ' and it was so voted. Letter was received from the Supt. of Public Works stating that the area to be taken from the Belmont that her property had been damaged and that she should Springs Trust for widening Watertown Street was -11,700 square feet and the assessed value of this land is about $107.00. Using the same ratio that Mrs. Hatch was Taking, release. She would be satisfied with a cattle fence. awarded, that is 5.5 times the assessed valuation of Watertown the property, he said that it might be expected that an Street Release award of about $590, might be made the Trust. 'This Towns refusal to erect this fence would be that it estimate did not take into account the possible claim that the remaining land to be used for the golf fairway damages. might be depreciated because of the taking, which results additional State projects. in a somewhat lesser distance from the edge of the highway to the direct line of play and the claim that more balls might hit into the highway than before the taking. Mr. next meeting and that in the meantime Mr. Raymond talk Raymond did not think that the estimate of land damages would justify the Town constructing an underpass at an estimated cost of $3000.00. and it was so voted. No action was taken on the matter. Mr..Raymond stated that the State Engineer had The Supt. of Public Works? report for the week dnding May 23rd was received. Report. Mr. Raymond informed the Board that Lexington had been requested to reduce the men on W.P.A. from 235 to 160. Mr. Clark moved that the local paper be requested to give this matter due publicity and ask the cooperation W..P.A. of business men in securing employment for the men who are dropped from the W.P.A. rolls. Mr. Potter seconded the motion and it was so voted. ' Application was received for the use of Estabrook Hall -by the Lafayette Club on June 2, 1936. Mr. Clark Use of moved that the Club be allowed to use the ball on that Hall date at a charge of $5.00. Mr. Ross seconded the motion and it was so voted. requested that the Town obtain a release from Mrs. Cutler_ where the State had come in on a State Highway project cutting trees, sloping banks, etc. Mr. Raymond took a release over to Mrs. Cutler to be signed, but she felt ' that her property had been damaged and that she should have a fence along her property and would not sign the release. She would be satisfied with a cattle fence. Cutler The only reaction that Mr. Raymond could see from'the Release Towns refusal to erect this fence would be that it of might be thrown back on the Town when they asked for damages. additional State projects. Mr. Potter moved that no action be taken until the next meeting and that in the meantime Mr. Raymond talk with Mrs. Cutler again. Mr. Giroux seconded the motion and it was so voted. The Supt. of Public Works? report for the week dnding May 23rd was received. Report. Mr. Raymond informed the Board that Lexington had been requested to reduce the men on W.P.A. from 235 to 160. Mr. Clark moved that the local paper be requested to give this matter due publicity and ask the cooperation W..P.A. of business men in securing employment for the men who are dropped from the W.P.A. rolls. Mr. Potter seconded the motion and it was so voted. ' Application was received for the use of Estabrook Hall -by the Lafayette Club on June 2, 1936. Mr. Clark Use of moved that the Club be allowed to use the ball on that Hall date at a charge of $5.00. Mr. Ross seconded the motion and it was so voted. 508 U1 Mr. Raymond stated that he thought the Board could get more prompt action from the W.P.A. if they could W.P.A. have some man to contact the officials in Boston -and ' Contact keep them interested in Lexington projects and he thought man. that if some member of the Board could find the time to do this, the Town would derive a great deal of benefit. Mr. Ross moved that Archibald R. Giroux be appointed contact man for the W.P.A. Mr. Potter seconded the motion and it was so voted. Lincoln Mr. Raymond said that he had received word that the Street Lincoln Street approval had come through and that he thought work would probably start next Monday. The Supt. of Public Works informed the Board that it would cost approximately $2200.00 to repair Reed Street and this expense would have to be charged to the gighway Maintenance Account. Mr. Clark asked if it would be better to fix the road temporarily or to wait Reed until next year and have the job done right. The Street. Chairman stated that of course the right thing to do would be to reconstruct the street but the money would have to be appropriated. Mr. Potter moved that Mr. Raymond contact 'some of the people on Reed Street who are complaining of the conditions and explain the matter to them and inform them that the Board would advocate the construction of the street next year very strongly. Mr. Giroux ' seconded the motion and it was so voted. Indexing Mr. Raymond informed the Board that he thought the Records. indexing of the Selectmen's Records for the past five years could come under the W.P.A. project for copying old records.. etc. Mr. Raymond said that there were some gasoline pumps at the curb line on Bedford Street where the new Sidewalk, sidewall¢ is to be constructed. He said that the Bedford St. Selectmen probably granted permission for the maintenance of the pumps but he thought that they should be moved back onto private property. The Chairman told Mr. Raymond to check up on the'vote as he thought that the sidewalk was to go only as far as the Newcomb & Dade y Garage and not pastit, p . Mr. Raymond stated that the State Engineers Mill Brook thought that the Mill Brook project was a very good Project. one and they wanted to take photographs of it showing various parts of the job. They would wgnt three sets, one for the Town one for the'State and one to be sent to Washington. Mr. Ross moved that the Supt. of Public Works be authorized to have such pictures taken. ' Mr. Potter seconded the motiom and it was so voted. Mr..Raymond wanted to know if it could be arranged to break in George Harrington on a sewer study of the Town. He would like to have a plan of North Lexington and would like to find out where the leakage was, etc. The Board told Mr. Rgy mond that he had authority to arrange the men's work as he ddsired and that he did not need any further authorization from the Board. Letter was received from the Town Counsel stating that Judge Duane of Concord had found in favor of Harry W. Pierce in the amount of $50.00. He had apparently ruled that the regulations of the Water Dept, did not apply to an accidental break. With reference to the Plumbing Laws, he refused to rule on the ground that there was conflicting evidence. Mr. Wrightington said that the Town had a right to go to the Appellate Division which would be for the purpose of arguing on errors in rulings made by the trial Court. He asked if the Board wished him to go further with the case. Mr. Giroux moved that Mr. Wrightington be advised to carry the case to the Appellate Division. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Counsel stating that Mr. Kilham, attorney for Brousseau et als, did not ' believe that his clients would give a.bond in the amount of $5000. but would let the Town enforce its rights. Mr. Wrightington wanted to know if the Board wished him to try and enforce the contract if Kilham's clients did not undertake to furnish a $5000. bond. Mr. Giroux moved that Mr. Wrightington be advised that the Board wished him to enforce the contract. Mr. Potter seconded the motion and it was so voted. 509 Sewer Study. Pierce case Brousseau bond. Letter was received from Robert C. Merriam outlining the program for the Police Emergency Highway First Aid. Police, Mr. Giroux moved that the Chairman handle the matter in First Aid whatever manner he saw fit. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel with regard to the 01d Agams School property. Mr. Wrightington has been unable to discover anyi deed to the Town of this property although the Town has evidently occupied it since 1860. At one time, it was thought that Mr. Holt -could obtain a deed to it from Miss Ellen A. S one but he did not. Mr. Wrightington has not had.the title examined sufficiently to determine whether or not a 01d Aoams deed from Miss Stone would be sufficient. He thought School that the most effective way to deal with the situation Property. would be to file a petition for registration of title claiming title by adverse possession. Miss Stone would then have notice and an opportunity to be heard if she desired to oppose the Town's claim, and if a decree 510 01 y was entered, it would settle the Town's claim. He ' said that in many deeds of schoolhouses to the Town given at about the time this school was constructed, conditions were inserted in the grants which resulted in a foreclosure if the land were not used for school purposes. Mr. Wrightington said that inasmuch as no deed has.been found so far, the Town is not affected by such a condition but the possibility of the evidence of such a condition has made it hesitate to use the building for anything other than school purposes. If a complete registration of title can be secured, any doubt on this score will be eliminated. Letter was received from Robert C. Mara stating Request for that he hadrecently opened a real estate and insurance Insurance. office in L,exington and he would like to be considered when some of the Town's policies were being placed. The Board decided to place the letter on file and to advise Mr. Mara that he would be given due consideration. British Letter was received from the British Naval and ' Veterans Military Veterans stating that they wished ,to change the date of their annual pilgrimage to Lexington to June 7th. The Bond of the Supt. of Public Works in the Bond. amount of $1000.00 furnished by the American 13nployers Assurance Corp. was approved by the Board. Letter was received from the Fawcett Stoker Co,,Inc. giving a report on the survey of the hearing apparatus Heating in the Cary Memorial and.Town Office Buildings. They Survey* estimated that with Stokel Automatic Firing, the total fuel cost saving would be $524.25 per year. The cost of the Stokol instdllation is 11700.00. No action was taken on the matter inasmuch as there are no funds available at the present time. Letter was received from Charles Alger of 162 ' Lowell Street stating that he would like to purchase Sale of lots #32,33 and half of 34 in Rosemont. The Clerk property, advised the Board that the Town had not actually fore- closed on these lots. The Clerk was instructed to find out when the Town Clerkwas going to foreclose on them and to advise Mr. Alger that,they would be foreclosed and request him to make an offer for them. Letter was received from Jay 0. Richards to which 1935 was attached a bill for a binder of $5000.00 which was bill. placed on the first of ,April, 1935. The bill had not previously been rendered. The Chairman stated that the only way this bill could be paid would be by inserting an article in the Warrant for the next Town Meeting and the Clerk was instructed to so advise Mr. Richwds. Letter was received from Robert C. Mara stating Request for that he hadrecently opened a real estate and insurance Insurance. office in L,exington and he would like to be considered when some of the Town's policies were being placed. The Board decided to place the letter on file and to advise Mr. Mara that he would be given due consideration. British Letter was received from the British Naval and ' Veterans Military Veterans stating that they wished ,to change the date of their annual pilgrimage to Lexington to June 7th. 1 1 1 Mr. Potter moved that, they be advised that this date would be agreeable to the Board. Mr. Ross seconded the motion and it was so voted. Mr. Ross moved that the Board's vote of May 19th to rescind the vote of April 28th relative to Mr. Ray- mond's car allowance be amended so that the vote would stand as follows: "the vote of April 28, 1936 to pay John W. Raymond, Jr., six cents per mile for trans- portation to and from Beverly during the trial period of six months be revoked as of May 22, 1936, and that from that date, Mr. Raymond is to use the Town car for transportation to and from Beverly". Mr. Giroux seconded the motion and it was so voted. Upon motion of Mr. Clark seconded by Mr. Giroux, the following permits were granted: Alexander H. Cameron - 42 Carville Ave. - Peddler Clarence E. MacPhee - 14 Baker Avenue - Sunday Sales James T. McGann 120 Woburn Street - Public Carriage 511 Raymond car allowance. Licenses. Mr.' Clark moved that the Ryder permit to keep 1000 pigs on Maple Street be granted provided this number Ryder was not an increase over the number they were allowed pigs, to keep last year. Mr. Giroux seconded the motion and It was so voted. Commitment of Water Liens and Old Age Assistance Commitment were signed by the'Board. Commitment. Mr. Giroux stated that Walter Rose had complained to him that the Learyse, on Waltham Street were operetIng Complaint two cars for public hire when they were licensed for re Leary's only one. Mr. Clark moved that the complaint be taxi. referred to the Police Department. Mr. Ross seconded the motion and it was so voted. The Board signed an agreement in duplicate for the settlement of the water guaranty case against D. J. O'Connell as surety for Antonio Mereadante. The Welfare Agent discussed the case of Mrs. Elissa Jane Cady of 12 Greenwood Street, an Old Age Assistance case. Mrs. Cady is 76 years old and is qualified to receive Old Age Assistance. He recommended aid in the amount of $4, per week. Mr. Clark moved that the recommendation be approved. Mr. Potter seconded the motion and it was so voted. The meeting adjourned -at 12,05 P.M. A true .record, Attest: �1 Clerk. 01Connell guaranty Cady case.