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HomeMy WebLinkAbout1936-06-15524 y SELECTMEN'S MEETING JUNE 15, 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. The Chairman stated that Mr. Arthur Maddison had ' Special requested that being Chairman of the Board of Appeals, Police he be appointed a Special Police Officer. Mr. Giroux moved that Mr. Maddison be appointed a Special Police Officer until April lst, 1937. Mr. Potter seconded the motion and it was so voted. The Chairman stated that Mrs. William Braiaha.11 of Parker Street had complained that people started play - Use of ing tennis at six o'clock Sunday mornings and she would Tennis like to have this practice stopped. The Chairman Courts. suggested that Mr. Garrity be requested to appear before the Board at its next meeting to discuss the matter and Mr. Potter so moved. Mr. Giroux seconded the motion and it was so voted. Mr. Wrightington appeared before the Board and dis - General cussed the matter of the bond and agreement with the Construction General Construction Co. Co. Bond. Mr. Giroux moved that no change be made in the Board's previous vote to request the General Construction Co. to file a bond in the amount of $5,000.00. Mr. Potter seconded the motion and it was so voted. . Letter was received from the Town Counsel stating that Judge Williams had decided against the Town the ' bill in equity brought against the Ryders Stock Farm and the Lexington Estates Trust to enforce the Zoning By-law by enjoining the washing of barrels on the I Mr. Thomas E. Wye, Jr., Treasurer of the Pine Pine Meadows Meadows Golf Club, Inc.,.appeared before the Board. Golf Club - Mr. Wye said that he would be glad to answer any Beer and questions which the Board might like to ask regarding Wine Lic- his application for a license to sell beer and wines. ense. The Chairman asked Mr. Wye if the Club was incorporated and he said that it was. Mr. Ross asked Mr. Wye if he owned the Club or if he was operating it for the bank. He replied that he had an option on the -property and hoped to buy it. Mr. Ross said that he was in favor of granting the license. The Chairman told Mr. Wye that the matter would.be discussed further, and he retired. Mr. Ross moved that the license be granted subject to the approval of the Alcoholic Beverages Control Commission. Mr. Giroux seconded the motion and it was so voted. The Chairman stated that Mr. Arthur Maddison had ' Special requested that being Chairman of the Board of Appeals, Police he be appointed a Special Police Officer. Mr. Giroux moved that Mr. Maddison be appointed a Special Police Officer until April lst, 1937. Mr. Potter seconded the motion and it was so voted. The Chairman stated that Mrs. William Braiaha.11 of Parker Street had complained that people started play - Use of ing tennis at six o'clock Sunday mornings and she would Tennis like to have this practice stopped. The Chairman Courts. suggested that Mr. Garrity be requested to appear before the Board at its next meeting to discuss the matter and Mr. Potter so moved. Mr. Giroux seconded the motion and it was so voted. Mr. Wrightington appeared before the Board and dis - General cussed the matter of the bond and agreement with the Construction General Construction Co. Co. Bond. Mr. Giroux moved that no change be made in the Board's previous vote to request the General Construction Co. to file a bond in the amount of $5,000.00. Mr. Potter seconded the motion and it was so voted. . Letter was received from the Town Counsel stating that Judge Williams had decided against the Town the ' bill in equity brought against the Ryders Stock Farm and the Lexington Estates Trust to enforce the Zoning By-law by enjoining the washing of barrels on the I 525 Ryder premises on Waltham Street. There was evidence that some washing was done prior to the adoption of the Zoning By-law of numerous large milk cans and a few garabage cans for the domestic garbage from the various Ryder Ryder houses. The Court concluded that the present case - practice of washing garbage barrels collected from other washing piggeries of the defendents was not sufficiently different barrels from the use prior to the adoption of the Lexington Zoning:` By-law to deny them the benefit of a non -conforming use, and he ordered a decree entered dismissing the bill with costs. Mr. Wrightington said that if an appeal was to be taken to the Supreme Court, it must be claimed within twenty days.. He thought that the prospect of success on an appeal was not good. No action was taken on the matter. Letter was received from the Town Counsel stating that it was provided in General Laws, Chapter 40, Section 5, that towns might appropriate for the establishment, maintenance and operation of .public airports within or without the limits of the town and that such an airport might be established, maintained and operated jointly by two or more towns. Legal Opinion, Airports. Letter was received from the Town Counsel stating that the Laws relating to licensing of plumbers were Plumbing not State Regulations enforced in any town except towns Laws. which, by action of local Boards of Health, have adopted them rather than adopting local Plumbing By-laws, •Letter was received from the Town Counsel stating that the last work in connection with the Shea case had been completed by the final payment in settlement of the claim of the Town against the plaintiff for costs, and he enclosed his bill which amounted to $1935.70. $1350.00 having already been paid, there is a balance due of $585.70. Mr. Clark moved that the bill be approved. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel to which was attached the easement by William and Katherine Hall of Lowell Street with regard to their water service, Mr. Wrightington said that this and the Barrett agreement should both be recorded at the Registry of Deeds. Mr. Giroux moved that the Town Counsel be asked as to the Town's right to place a lien on these properties should the owners not pay their water bills. Mr. Potter seconded the motion and it was so voted. At 8;30 P.M. the Health Inspector appeared before ' the Board to discuss the matter of the pigeons kept by the brown's on Waltham Street. He said that he inspected the property today and the inside of the house was covered with gravel and the platform under the roost was well Lowell Stfeet Services. 526 0 021 sanded and in good condition. He inquired of the neighbors and one told him that she had seen as many as twenty pigeons on Mrs. Ensign's roof at one time. ' Mr. Stevenson said that at one time Brown agreed to build a flying coop and he did do so, but the one he built was too small although he had plenty of land. The ChAirman asked if it was his opinion that the Browns' had not lived up to their agreement and he replied in the affirmative. One of the neighbors said she had seen pigeons out all night. Mr. Giroux asked Mr. Stevenson if he would say that there were many people in the neighborhood complaining. He said that he Brown's had called on most of them and two said that they did not Pigeons* like it but would not say anything about it. Mr. Steven- son said that if Mr. Brown would build a large flying coop it would probably be all right. Mr. Clark moved that Mr. Brown be allowed to keep his pigeons but that they were to cause no annoyance to the neighborhood and that the permit be temporary and subject to further complaints. Mr. Giroux seconded the motion and it was so voted. Mr. Ferguson voted in opposition. He said that he thought the Board was not doing its duty in granting this permit as it was not backing up the He-alth Inspector's recommendation. He said that in the future, the Health Inspector might feel that there was no sense in his making recommendations as long as -the Board did not approve them. Mr. Clark then moved that Mrs. Ensign be notified ' that the Board had looked into the matter very carefully and had voted to continue the permit with the provision that the Browns, ere p ken the pigppns off her property. Mr. Giroux secon ed t e mot andel it was so voted. Mr. A. E. Rowse appeared before the Board to discuss the Public Works, Labor and Materials, appropriation. Public Works The Chairman said that there was enough money to last Labor and until next Monday and that there was no Free Cash. He Materials said that it was a question of getting money from the Account. Reserve Fund or of calling a Special. Town Meeting and borrowing the money. Mr. Giroux said that the W.P.A. authorities said that if the Board could get $1000.00 transferred from the Reserve Fund that they would be will- ing then this was exhausted, to put all the manual labor on Lincoln Street and Skating Rink projects for which we have sufficient funds. The Chairman stated that he would like to see the $1000,00 transferred from the Reserve Fund without calling a Special Town Meeting at this time as this would be the only article that could be acted on and that another Town Meeting would have to be called when there was Free Cash., Mr. Rowse stated that 9'Connorts salary was now being charged to the Labor and Materials Account and there was money provided in the Highway Maintenance budget for this. Mr. Giroux moved that John O'Connor's salary be ' charged to the Highway Maintenance Account beginning with the week ending June 13th, 1936, and until voted other- wise. Mr. Potter seconded the motion and it was so voted. The Chairman stated that he thought by transferring the $1000.00, putting all the men on the other two projects and not having to pay O'Connor's salary, that there would be sufficient funds in the account to last until September lst. Mr. Ross moved that the Appropriation Committee be requested to transfer the sum of $1000.00. Mr. Giroux seconded the motion and it was so voted. The Town Accountant said that he thought the re would be money available in the Excess & Deficiency Account by September 1st, Mr. Raymond said that he thought another twenty-seven men could be used on Lincoln Street if another compressor was to put to work. He asked if it would be all right to put the Water De.pt. compressor and drill at work on the job, and the Board told him that it would be and for him to take any equipment that was available. Mr. Harry W. Pierce of Farm Crest Avenue appeared before the Board to discuss his claim against the Town. The Supt. of Public Works discussed the request of Elinor W. Locke who requested permission to construct a catch basin in Abbott Road to take care of water from her property. He said that the owner, under the State Metropolitan Law, can compel a town to put in drainage, although not many people know it. He said that where the premises are connected to a sewer which in turn discharges into the Metropolitan sewers, that the Town shall provide a second pipe to take care of drainage in some other way. He recommended that Mrs. Locke be given the privilege of laying the pipe and building the catch basin and further that drainage be put in that section as Boon as possible. He suggested that the Town start installing drains under the Betterment Act. The Chairman said that he thought it would be difficult to prove a betterment on an accepted street but told Mr. Raymond to look into the matter to see if it might be feasible. Mr. Ross moved that Mrs. Locke be allowed to do the work providing she would sign an agreement saying that there was no liability on the towns part. Mr. Giroux seconded the motion and it was so voted. The Supt: of Public Works stated that Metcalf & Eddy's estimate for draining 'dine Brook from Butterfield+s Pond to Vine Brook Road was $156,000. based on competitive bids. Doing this under the W.P.A. he thought that the Town would not get very far for 1156, 000. If only the upper end of the project were done, there would not be ' sufficient contribution on the Town's part to warrant the Federal authorities approving the project. He said that you could not begin to do the work without modern machinery. Mr. Raymond said that all the Town would need for the next ten gr twelve years would be a dynamite job excepting 527 �I Pierce Claim. Locke Drainage, Abbott Road.. Vine Brook Drainage. 528 cap at street crossings and that this might be sufficient. Mr. Raymond said that he did not think that the Town could finish a W.P.A. project by March lst, 1937, but ' a W.P.A. project could be written up and the Town could guarantee to finish it. He said that he had started having quantities computed. The Chairman asked him if there was sufficient data available to ask for bids and he said that there was not. He said that there was a great deal of engineering to be done in the way of plans, soundings, etc., and if the work were started the next day, it would probably take six or eight weeks to get the work done. The Chairman asked if any of the preliminary work could be done with the present engineer- ing force,, and he replied ift the negative. The Chairman said that it would be necessary to have an appropriation to pay for the engineering work. No action was taken on the matter. Mr. Raymond said that if he doubled up on the drill - Lincoln ing crew at Lincoln Street, be would need more of Mr. Street Whitingts time for blasting. He said that he would like to put him on 8J hours extra per week at $1.00 per hour. Mr. Clark moved that Mr. Whiting be employed the extra time. Mr. Giroux seconded the motion and it was so voted. Letter was received from Ernest B. Ford of Watertown which said that some time ago, while driving his car on ' Watertown Street, he struck a hole which damaged his car and tire. He said that the hole was approximately six inches deep and three feet in diameter. Mr. Ford placed stones, soil and rocks in the defect and notified Ford claim the Police and the Town Manager of the incident. The for cost of repairs to his car amounted to $16.10. He also damages* said that the walls on one tire were broken, but it was not included in his claim. Mr. Raymond said that there was a very bad hole in the street and that a more serious accident might have happened very easily. He read a report which he had received from the Supt* of the Highway Division which said that the hole was caused by the setting of a stone bound by the State Dept. of Public Works. He said that the hole was approximately three feet in diameter and,six inches deep and that it was patched by the Highway Division on May 28th, Mr. Clark moved that the bill be approved in the amount of $16.10, same to be charged to the Highway Maintenance Account. Mr. Potter seconded the motion and it was so voted. Dir. Raymond submitted a bill received from F. K. Damage to Johnson for repairing darmge to Frank Barry's car. Barryts The muffler was broken off when Barry went into the car, ditch on Lincoln Street. Mr. Trask told Barry to have a new muffler put on and that the Town would pay for it. Mr. Clark moved that the bill be approved and 1 C J charged to the Highway Maintenance Account, Mr. Potter seconded the motion and it was so voted. The Supt. of Public Works said that Harry Slater usually looks over the Town buildings every once and a while and he had advised him that the roof at the Public Works Building needed attention. The roof is leaking and there are some very large blisters. There is money in the Public Works Building, Expense Account, to pay for this work, but Mr. Raymond said that he would need not less than $1700.00 additional to get through the year. Bir. Clark moved that the work of fixing the roof be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that Mr. Paxton had included in his budget the sum of $1500. to take care of resurfacing East Street between Adams Street and Wine Brook. The Highway Department usually digs little ditches in the low part on Parter and Wilson Bros. land, but the owners usually fill them up which, of course, they have a right to do inasmuch as the ditches are on their land. If they neglected to fill them up for a period of one year., then they have no more right to do so. Mr. Raymond said that there was no question that the water damaged the crops in the winter time. He said that he did not see spending $1500.00 on East Street unless the low point was taken care of, and the best way to take care of it for at least ten years, is by cutting down the little hill between the two Burnham driveways and it would be necessary to lower the water main. That would probably add $1000.00 to the cost, making the total cost $2500.00. Mr. Raymond said that there was some money available in Water Maintenance but that there were no extra funds in Highway Maintenance. He would recommend doing the job as he outlined or not at all. Mr. Clark moved that no action be taken until some future time when more funds are available. Mr. Potter seconded the motion and it was so voted. The Supt. of Public Works said that if two drills were kept working on Lincoln Street, there was bound to be one broken down occasionally. He said that he could get a new drill for $190.00 which was similar to the one owned by the Highway Department, The Chairman asked if there were funds available in the Highway Department Account and he said that there were not as this was not planned for. Mr. Raymond thought it might be possible to charge it to Lincoln Street, Mr. Raymond thought that it would pay the Town to buy a drill rather -than rent one. Mr. Ross moved that the purchase of the drill be approved subject to his finding the money to pay for it. Mr. Potter seconded the motion and it was so voted. 529 Repairs to Public Works Building, East Street Purchase of drill 530: The Supt, of Public Works stated that the majority of the girls in the Town Offices would like to cpen at Office 8:00 A.M. Saturday mornings and to keep open until Hours 12;00 noon -rather than from 9:00 A.M. to 1:00 P.M. as heretofore. Mr. Giroux moved that the Town Offices be opened at 8:00 A.M, on Saturday mornings beginning Saturday, June 27th, Mr. Potter seconded the motion and it was so voted. The Clerk was instructed -to put a notice of this in the local paper. The Supt. of Public Works stated that he had looked at the lilacs on Vine Street and he thought that they Curve at were on Town property and he recommended that they be Vine Street, out down. They obstruct the vision at the curve. Mr. Clark moved that the Highway Division out dawn the lilacs. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that Fern Street was accepted to about 200 feet beyond Independence Road. He said.that he had discussed with Mr. Giroux the Needham driveway and if Mr. Needham will agree, Mr. Raymond would suggest that the shoulders of the road be raised so that the water would not run onto his driveway. This would cost $75.00. This would not give Needham a Needham permanent drive and will not give him one that will driveway, not wash out. The street is not accepted beyond Needhamts property, but at one time the Town entered there and did some work on the street which Mr. Clark thought might make the Town responsible for the con- dition of the street. Mr. Clark moved that,$75.00 be spent to raise the shoulders of the road so that water would not go down onto Mr. Needhamts drive nor into Wilson's field, but the motion was not seconded. There was no further action on the matter. Mr. Giroux asked if it would be possible for the Vine Brook Town to go in and do some repairing on Vine Brook Road, Road. The street is in very bad condition where the sewer main was laid. Mr. Raymond said that it was his in- tention to start work on it very soon. Mr. Raymond called two or three people, but could Hay at get only one bid on the hay at the Town Farm and this Town Farm was one of $15.00 received from Clarence Dalrymple, Mr. Ross moved that Mr. Raymond be authorized to sell the hay. Mr. Potter seconded the motion and it was so voted. Application was received from the Middlesex County Farm Bureau, Inc. requesting the use of Cary Memorial Hall on November 14th from 9:00 A.M. to 5:00 P.M. for 1 a membership meeting. No admission was to be charged. Mr. Ross moved that they be allowed to use the hall on ' that date subject to the usual charge. Mr. Potter seconded the motion and it was so voted. The Board compared what was asked for the Public Works Building Operation appropriation and what the Appropriation Committee approved. Mr. Clark moved that the Supt. of Public Works submit a list showing the expense of operating the Public Works wilding to date this year. 531 � Use of Hall Pub.Works Bldg. Op. Account. The Chairman presented an agreement between George E. and Nora G. Hunt and the Town of Lexington relative to the grading, seeding., etc. of the Hunt t s lawn, and Hunt releasing the Town from further claims. Mr. Clark Agreement, moved that the agreement be approved. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Accountant with reference to the bill rendered by the Lexington Trust Bill for Co. for street limiting for the year 1935. He said that Street there was an unexpected balance in the street lighting lighting, account on December 31st and that he was permitted to transfer the sum of $54.52 from the Excess -and Deficiency Account. He said to submit the bill to him and he would put it through for payment. Letter was received from Curtis & Brock Inc. re- questing that they beallowedto make a survey of the Heating Town Office and Cary Memorial Buildings for the purpose Survey* of determining the advisability of installing automatic stokers, at no obligation to the Town. Mr. Potter moved that the company be allowed to make the survey. Mr. Clark seconded the motion and it was so voted. With reference to the request of the Old North Chapter, D.A.R., to be given permission to plant a tree on the Buckman Tavern grounds, the Chairman stated that the Buckman Tavern was leased for 99 years to the Buckman Tavern Improvement Association but the grounds are still owned and controlled by the Town through the Trees on Board of Selectmen. The last tree planted was in Buckman memory of Amir Taylor and it was then decided not to Tavern plant any more trees in memory of persons unless the Grounds. Park Department was going to plant or replace a tree, and in that case the Board could consider naming it after someone. The Chairman suggested that a list be started of requests such as that of the D.A.R. and that at such time that a tree is being planted, it may be named after a person on the list and Mr. Giroux so moved. Mr. Ross seconded the motion and it was so voted. ' The Board signed'a permit to the E.E.I.Co. to main- Pole tain an existing pole on Waltham Street about 360 feet location north of Marrett Road. 532 cal Upon motion of Mr. Giroux, seconded by Mr. Potter, Licenses, the following licenses were granted:- Burbree Nurseries, Inc. - 1263 Mass. Avenue - Common Victuallers. D. F. Ross - Rear 1765 Mass. Ave. - Overhanging Sign Commitment of miscellaneous water charges in Commitment, the amount of $14,95 was signed by the Board.' Mr. Giroux moved that Mr. Longbottom be requested Building to appear before the Board at the next meeting. Mr. Inspector. Potter seconded the motion and it was so voted, The Clerk stated that she had received two bills from Dr. Harrington for rabies immunization, one for 1934 and services rendered in 1934 and the other 1935, Mr, 1935 bills. Giroux moved that articles be pat in the Warrant for the next Town Meeting to cover t1v as bills and that Dr. Harrington be so advised. Mr. Ross seconded the motion and it was so voted. Mr. Potter moved that the Board of Selectmen, acting as the Board of Public Welfare under Chapter 117 of the General Laws, authorize Lawrence Mitchell Drury to present a claim to the executor of the estate of claim. Norah E. Drury for reimbursement for aid rendered ' by the Town of Lexington. Mr. Clark seconded the motion -" and it was so voted, Mr. Mitchell asked the Board's approval of his Mothers' Aid trying to get Mrs. Mary E. Ivusick and Mrs. Carla cases Valentine transferred to Mothers' Aid, Mr. Potter moved that the approval be granted. Mr. Clark seconded the motion and it was so voted, The Welfare Agent reported that Robert E, Durant, Durant. a Lexington settled case formerly Old Age Assistance, was admitted to the Waltham Hospital on May 29th and passed away on June 14th. Holian. The Welfare Agent reported that Mr. Holian was admitted to Westfield last week. The Welfare Agent repomtiended that John J, Coyne and family of Sylvia Street be aided in an amount not Coyne to exceed $15. per week. Mr. Clark moved that the recommendation be approved. Mr. Potter seconded the, motion and it was so voted, The Welfare Agent said that Walter P, C]a rk of Circle Road was in need of aid and that his wife,had ' beenlaid off the Shing Unit. He asked approval of aid not to exceed $7,00 per week. Mr, Clark moved that the recommendation be approved. Mr. Potter seconded the motion and it was so voted. The Welfare Agent said that Edward L. Kelley was ready to be discharged from Middlesex County Sanatorium and he was going to try to get him a room. Mr. Mitchell said that as a result of the out on the W.P.A., about 12 cases have been added to the Welfare list and out of that twelve, three or four hope to get back on the W.P.A. The meeting adjourned at 12;20 A.M. A true record, Attest; Clerk. D 533 ' Kelley W.P.A. cut.