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HomeMy WebLinkAbout1936-10-0670 Barnes property. SELECTMEN'S MEETING OCTOBER s, 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. At 7:30 P.M., Mr.'Eugene G. Kraetzer appeared before the Board. He stated that the Barnes property adjacent to the Cary Memorial Building was on the market. He said that some time ago, a Committee was appointed that advocated the purchase of the property for a fire station, but the price was higher than the Selectmen wished to pay. He eaid that the Barnes family wished to sellthe p=roperty and that before anything was done, he thought it advisable to put the matter before the Selectmen to see if they wished to consider the purchase of the property. Mr. Kraetzer said that he knew that the Town Offices were rather crowded now and it probably would not be long before more room was needed. The Barnes property is in a residential district and he thought that it could be purchased at an advantageous price. It was his opinion that if some individual purchased the property and the -Town had to acquire it later on, that the Town would, of course, have to pay a great deal more for it. If an individual did purchase it, he thought that he would want it changed back to a business zone, and if this were done and stores were erected, it would detract greatly from the beauty of the municipal buildings. He said that he had inquiries already from doctors who were prospective purchasers, but he thought that it would be good business for the Town to purchase the property. Mr. Kraetzer said that the Barnes heirs wished to sell the whole'pareel including the lots adjacent to and in the rear of the Leary property at the corner of Fletcher Ave. The Chairman asked if the heirs would be willing to sell only the lot on which the house stands. Mr. Kraetzer said that they probably would, but that they probably would want more money in proportion. He said that if the Board was disposed to consider the purchase of the property and wanted to put an article in the Warrant concerning it, he would advise the Barnes heirs not to put it on the market. He said that the building was in very good condition. The Chairman told him that the Board would consider the matter further and he retired. After discussing the matter, Mr. Giroux moved that the Selectmen go on record as being in favor of recommending to the Town the purchase of the Barnes property, providing the property could be purchased for $23,000.00, and if this offer was acceptable to the heirs, that the Town Counsel be advised to make arrangements for the holding of L 1 71 the property until the next Town Meeting in accordance with the statement made by Mr. Xraetzer at this evenings ' meeting. Mr. Potter seconded the motion, and it was so voted. State Aid return in the amount of $26.00 and.Military Aid return in the amount of $25.00 were signed by the Returns, Board, The Board discussed the agreement made by R. H. Stevens Stevens to pay $100* a month on his outstanding water water guaranty, and voted to hold the matter over for one week. guarenty Mr. Potter moved that ' the Selectmen approve the turn - in of the old grease gun used at the Public Works Building Grease for the bum of $15.00. Mr. Clark seconded the motion and Gun. it was so voted. The Clerk reported that the Sutton Club would like the use of Estabrook Hall on Saturday evening, October 24th, Use of for the purpose of holding an entertainment to which Hall admission will be charged. Mr, Ross moved that the use of the hall be granted subject to the usual fee of $10.00, Mr. Clark seconded the motion and it was so voted. Application was received from the Alpha Club for the use of Cary Memorial Hall on Friday, February 5th, 1937, Use of ' from 8630 P.M. to 1:00 A.M. for the purpose of holding a Hall. dance. Mr. Giroux moved that the use of the hall be granted subject to a fee of $50,00, Mr. Ross seconded the motion and it was so voted. Application was received from Peter T.'vallis of Permit for Lynn for permission to operate a sound car through Lex- wound car.. ington from October 6th through November 3rd. Mr. Clark moved that the permit be granted. Mr. Giroux seconded the motion and it was so voted. Letter was received from Edward A. Zink of Medford outlining his experience and qualifications for the Applicatim position of swimming instructor at the Lexington Swimming for Pool. Mr. Clark moved that the application be placed position. on file. Mr. Giroux seconded the motion and it was so voted, Letter was received Pram the Lexington Minute -Men, Inc. requesting the use of Cary Memorial Hall on Thursday Use of evening, November 5th, to commemorate the visit to Lex- hall, ington on November 5, 1792, of George Washington. There will be no charge for admission to the entertainment. ' Mr. Clark moved that the use of the hall be granted to the Lexington Minute -Men, Inc, on that date free'of charge. Mr. Giroux seconded the motion and it was so voted. 72 At 8:15 P.M., Board of Survey hearing was declared open on the application of Charles W, and Robert L. Ryder, as Trustees of the Lexington Estates Trust, for approval of a plan and profile of a proposed road to be known as Sherburne Road, running from Vine Brook Road to Winthrop Road., Mr. Robert L. Ryder appeared in favor of the petition. He said that the only difference to the plan which he was presenting now and the one which was presented a few months ago, was that he had adopted the suggestion of Mr. Raymond and had made it a fifty foot roadway instead of a forty foot roadway. The plan was formally approved by the Planning Board subject to the Ryder filing of a final plan, and Mr. Ryder said.that he thought Board of this street was a logical layout and that the Engineering Survey Department had seen the plan and had approved it. hearing. Mr. Raymond said that sometime the Town would need a right of way for a drain through the low spot in the area. Mrs Ryder said that he had been unable to get any- where with the old plan for the developing of the land and was asking the Board's approval of this layout so that they could go ahead and sell some lots. Mr. Clark asked Ryder'if the Vine Brook drainage project went through next year, he would ,want to revert to the other plan and he said that he would but that the approval of Sherburne Road would not interfere. He said that beer two years had been spent on working out the development of approximately 100 acres of land in the , vicinity and the plan of the land had been approved by the Planning Board but that the matter had been turned down twice by the -Town -Meeting. The development of this land is contingent upon the Vine Brook Drainage project going through. No other persons appeared in favor or in opposition to the petition and the hearing was declared closed at 8;30 P.M. Mr. Clark moved that the matter be referred to the Engineering Department, through Mr. Raymond, for invest- igation and report. Mr. Ross seconded the motion and it was so voted. Change of Mr. Giroux asked the Board if it would be agreeable date for if the Public Health Association used Cary Memorial Mall use of hall. on November 10th rather than on November 6th: Mr: Clark moved that the change be approved. Mr. Potter seconded the motion and it was so voted. Mr. Neil McIntosh appeared before the Board to dis- cuss the matter of drainage through his property.- He said that he had endeavored to learn the history of the drainage in the vicinity and had obtained some facts from Mrs R. P. Clapp before he passed away. Mr. McIntosh ' said that he did not know there was a drain through his property when he built his house. He purchased the property in February, 1928 and discovered the drain'in 73 May of the same year. He came down to see the Selectmen and was referred to the Town Counsel and the Supt. of Public Works, who drew up an. easement which he signed. The easement was signed upon the stipulation that the Town would maintain the drain. He said that he felt that although. the Town has certain rights as to the flowage through the drain, the Town should keep it open. He said that since he has lived on the property, three or four McIntosh yards of gravel and loam have gone into the drain leaving drainage only a very slight space for flowage of water. Mr. McIntosh said he had a man dig up about 25 feet of the drain and for all of that distance, the drain was clogged to within about three inches of the inside diameter of the pipe. Mr. Clark wondered if cleaning out the manhole would take care of the matter, McIntosh said that if the drain was not cleaned out there would be a flood at the corner of Edgewood Road and Meriam Street. McIntosh suggested that the drain be opened for 25 or 30 feet with Welfare help and that a new drain be put in on his property and said that this would prevent a flood. He asked the Board to consider the matter further and he retired. Mr. Raymond said that if he understood the Town Counsel's opinion correctly, the Town was not liable and that whoever owned the drain had to maintain it. . The Chairman suggested that Mr. Raymond write to ' the Town Counsel explaining the whole story to him, giving the drainage conditions and explaining what is liable to happen, and request Mr. Wrightington to give him a written opinion as to the town's liability in the matter. Mr. Raymond said that he would do this. He remarked that the statute of Limitations did not hold any longer as the.water had been going through the drain for so many years. He said that if the Town did not have the agreement with McIntosh, he could block the drain. The Chairman informed the Board that the Chairman of the Board of Assessors, Eliot Sturgis, had gone to Baltimore and was trying out a new position, and if it was satis- factory he would stay there and resign as a member of the Board of Assessors. Mr, Clyde Steeves has been elected Acting Chairman of the Board of Assessors and that Board would like to know if the Selectmen wished to appoint a new Assessor in the event that Sturgis did resign, or finish the year with a four -man Board. It was decided to take no action on the matter until the Board was informed in regard to what Mr. Sturgis was going to do. The Supt. of Public Works stated that he had received a letter from. Harold Needham requesting that the brush ' at Hatch's Pond be cut before the cold weather. He said that at the present time there are two owners and Mrs. Hatch stated that she would give the Town permission to do whatever it wished to do and would vouch for the other Board of Assessors 74 x owner. If the work were attempted now, it would be necessary to build a substantial raft for the men to work from, or lower the pond. The Chairman stated that in other years, the brush had been cut after the lee came Brush at and it was then flooded over. Mr. Raymond said that last Hatch's year, $56.00 was spent on cutting the brush. Mr. Raymond Pond, said that he had written a letter to Mr. Needham to the effect that Lith a new skating rink at the Center Play- ground and one at East Lexington, perhaps Hatch's Pond would not be used as much as in previous years. Mr. Needham had replied stating that he thought that the' pond would be used as much as ever and that the work should be done. Mr. Giroux moved that the pond be main- tained in the same manner as in previous years. Mfr. Potter seconded the motion and it was so voted. Mr. Raymond informed the Board that he had put Pay for through a pay roll for the men collecting garbage and was garbage paying the track driver .55 per hour and the pick-up men collectors. g.50 per hour. Mr. Giroux moved that these rates be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond stated that apparently Belmont was not asking for funds for the construction of Winter Street under Chapter 90 in 1937. However, before he found ' Chap. 90 this out, he had submitted Watertown Street as a Chapter work for 90 job for 1937. He attended -the meeting'at the County 1937. Commissioners Office on October 1st and requested the construction of Waltham Street at an estimated cost of 14,000. and stated that the Town would contribute 4700;.Chapter 90 Maintenance at an estimated cost of 6,000, and he stated that the Town would contribute 2,000; Watertown Street at an estimated cost of .$7600. and he stated that the Town would contribute $3200. provided Belmont constructed the street in Belmont. Mr. Raymond submitted to the Board a list of Highway Highway and projects for 1937, for study. He also presented a list drainage of drainage work for 1937 for the Board's consideration. work for The Chairman suggested that Mr. Raymond submit a 1937 rough estimate of the cost of the various jobs at the neat meeting and that the Board would then go out and look over the contemplated -work, He agreed to do this. Mr. Raymond presented a notice with regard to gypsy and brown tail moths which he intended to insert in the local newspaper as follows: NOTICE TO PROPERTY OWNERS ' You are hereby required on or before December 1, 1936, to destroy the gypsy and brown -tail moths on your property 75 in this town, ' This notification is in accordance with Chapter 132, Section 18, General Laws, which requires cities and towns to destroy the eggs, caterpillars,, pupae and nests of the gypsy and brown -tail moths, under heavy penalty for fail- ure to comply with the provisions of the law. If a property owner fails to destroy such eggs, cat- erpillars, pupae and nests, then the city or town is re- Notice re quired to destroy the same, and the cost of the work, in Gypsy and whole or in part, according to the value of the land, is Brown tail assessed upon and becomes'a lien on the land. (See Section moths. 18, Chapter 132, General Laws.) The Selectmen ask owners and tenants to co-operate with the town in its work on highways and other public grounds by doing effective work on their promises, Citizens, who have cleaned their premises' of the moths but find their trees endaAgered.by'bhe neglect of owners of adjoining estates, should make complaint to the Selectmen. The infestation of a residential neighborhood by the neglect of a few will not be tolerated, The eggs of the gypsy moths should be dd3troyed at once' with creosote, They should never be scraped off the object on which they are laid. Careful search should ' be made for gypsy moth egg clusters, not only on trees, but also on house walls, stone walls, fences and in rubbish heaps, etc. (Trees in which cavities occur and which it is not desirable to but should have the cavities tinned or cemented. This is,i.mportant,) The present and future cost of combating this insect can be greatly reduced by cutting and burning worthless brush, hollow trees, etc. A few trees well cared for are more valuable to the property owner and the community than a large number of neglected trees. The nests of the brown -tail moths and egg clusters of the tent oaterpillar should be out off the trees, care- fully collected and burned in a stove or furnace, Full instructions as to the best methods of work against the moths ioay be obtained from the Local Superin- tendent, John J. Garrity, 9 Hancock Street, Lex, 1144, This notice under Chapter 132, Sections 25 and 26, General Laws, shall include and apply to the tent cater- pillar. ' Charles E. Ferguson William G. Potter Selectmen Archibald R, Giroux of Philip N. Clark Lexington Albert A, Ross, 76 The Board approved the notice. Mr. Giroux said that he thought it would be a good idea if there was literature on the subject available for distribution. Mr. Potter said that he believed such literature might be obtained from the County Extension Service at Concord and Mr. Raymond agreed to contact this service. Mr. Raymond said that Matthew Stevenson wanted to Repairs to know if the Board would permit minor repairs to his car to Health be made at the Public Works Building. Mr. Stevenson is Inspector's given a car allowance of $200. per year. The Chairman car, stated that he thought it would be a bad practice to establish and if the Health Inspector's car allowance was not _sufficient to pay for the repairs to his car, then he should ask for an increase the first of the gear. Lights at Mr. Giroux asked Mr. Raymond if he would check up on Meriam St, the matter of traffic lights at Meriam Street and inform the Board as to the status of the matter. Mr. Ross stated that he had had two or three people call him requesting a sewer in the lower and of Bos Bow Street Street. He said that a petition was presented by the Sewer, property owners for this extension two or three years ago but nothing was done on it because of the expense. The Chairman stated that it would cost a great deal to install this sewer and that no action should be taken on the matter at the present time but that it should be considered when the budgets for 1937 were being dis- bussed. Mr. Rsrmond said that he thought that he could work up a temporary pumping arrangement that would not be very expensive. The Chairman asked him to work up such a project and to submit it to the Board* Mr. Raymond stated that it would be necessary for the Highway Department to ask for a transfer to pay for Insurance Compensation Insurance. They have paid a bill for auto- mobile liability insurance in the amount of $400.00. The Chairman told Mr. Raymond that he should write a letter to the Board on the matter, and present it at the next meeting. Work on Mr. Raymond asked if the ,Board would approve 'a small Oct. 12th, crew working on Lincoln Street on October 12 th, and the Board informed him that it had no objection. Mr. Raymond said that some ti*e ago, he mentioned Sidewalk a sidewalk on Lincoln Street as a possible W.P.A. project on Woburn and he thought that a sidewalk should be constructed on Stet. Woburn Street under the W.P.A. The Board felt that nothing further should be done on Lincoln Street, Mr. Ross moved that A W.P.A. project be sub*itted for the construction of a sidewalk on Woburn Street, Mr. Potter secomded the motion and it was so voted. Mr. Ross stated that he had had two or three people call him requesting a sewer in the lower and of Bos Bow Street Street. He said that a petition was presented by the Sewer, property owners for this extension two or three years ago but nothing was done on it because of the expense. The Chairman stated that it would cost a great deal to install this sewer and that no action should be taken on the matter at the present time but that it should be considered when the budgets for 1937 were being dis- bussed. Mr. Rsrmond said that he thought that he could work up a temporary pumping arrangement that would not be very expensive. The Chairman asked him to work up such a project and to submit it to the Board* Mr. Frank Tremark appeared before the Board and stated that he was interested in purchasing some property on Lawn Avenue, and informed the Board that the new highway passed through the property. He will buy the property if he is given permission to keep 1000 chickens and sell eggs. The Chairman told him that the Board would like to look over the property and that the members would do this and that the matter would be discussed next Tuesday evening. He.retired. Letter was received from the Town Counsel with regard to the plowing in of manure an farms. He said that as far as piggeries are concerned, the Statute required that compost heaps be kept under cover which he thought would justify an order for plowing in. The Statute permits the Board to remove a nuisance at the expense.of an owner and authorizes the Superior Court to enjoin the maintenance of a nuisance. Mr. Wrightington said that before taking action to abate a nuisance, the Board must formally determine the existnnee of the nuisance and health menace as a matter of fact. A hearing is not necessary but there should be a vote of the Board determining it a health menace after the receipt of a report from the Health Inspector to that effect. In a proceeding to enforce the order for abatement, it is necessary to convince the Court that there is a health menace.and Mr. Wrightington thought it possible that the Court might ' conclude ordinary manure spread on a farm not a health menace. He thought it best to instruct the farmers to plow in their manure promptly. Letter was received from the Health Inspector advising that he had investigated a complaint received from a Mrs. Towle with regard to the flies on Hill Top Avenue. Mrs. Towle felt that the flies bred from the manure on the Swenson Farm and complained that they were so numerous at the Franklin School, that she waald not let her children buy milk there. However, Mr. Stevenson interviewed Miss Keefe and she in- formed him that she had fewer flies this year than any year since she had started teaching there. Mr. Stevenson called on some of the residents in the vicinity of Hill Top Avenue and failed to get any complaints. He sad d that he had notified all the farmers about plowing under manure and that all were willing to cooperate. Letter was received from Henry D. Chadwick, Commissioner of Public Health, stating that a complaint had been received from Professor George W. Towle of 23 Hill Top Avenue with regard to the flies resulting from the manure on Swenson's farm. Dr. Chadwick advised Professor Towle that the matter came under the jurisdiction of the local Board of Health. Mr. Potter moved that a copy of the Health Inspector's report be sent to Dr. Chadwick. Mr. Clark seconded the motion and it was so voted. ' Letter was received from the Health Inspector advising that he had made several investigations of the Central Block and had found it in a very unsanitary condition. The odor 77 Tr emarO, re: Chicken Farm. Plowing in of manure on farms. Towle complaint re flies. 78 Application for a Slaughter House License was received License, from Annie B. Bunzel of -East Street. The Clerk was_in-., Bunzel, structed to have the Health Inspector investigate the premises and make a ' report at the next meeting of the Board. was tery bad and the halls and stairs were in a filthy for Health condition. Mr. Stevenson said that the building was a health ceived from John menace at menace and should not be allowed to continue as such. He Central said that the owner should be compelled to have a janitor Block keep the halls and stairs clean. He advised further that the people living there be evicted and the apartments cleaned and fumagated before being rented again. Mr. Giroux moved that the Board of Selectmen, acting as a Board of Health, go on record as stating that a definite health menace existed in certain parts of the Central Block as reported in the letter of the Health Inspector and that the owners of the property be notified that a health menace exists and be ordered to abate the nuisance by October 13, 1936, Mr. Potter seconded the motion and it was so voted. Letter was received from the W.P.A. asking .if the Town WeP.A. of Lexington would be interested in presenting to its concerts. people some concerts by the District #2 Musical Units, The Director asked for the use of Cary Memorial Hall one evening a week for these concerts. The Chairman suggested that a representative of the District #2 be requested to appear before the Board next Tuesday evening to discuss the matter further. Mr. Ross moved that a representative be requested to attend the meeting on October 13th. Mr. Giroux seconded the motion and it was so voted. ' Letter was received from the Town Treasurer suggesting that the Town borrow the sum of $1000000. in anticipation Loan of revenue. Mr. Potter moved that the Town Treasurer be authorized to advertise for bids for a loan of $100,0006 in anticipation of revenue., bids `td'.be received At' 7#30 P'ix. E ST" -.on 094toborlfth, `the rioted- to " be dated :,06taber 14, 1936 and payable April 30, 1937. Mr. Ross seconded the motion and it was so voted. Letter was received from the Chief of Police stating Bicycle that he was in accord with the Board's suggestion with iregulations.regard to bicycle regulations. He stated that he had ordered the officers to enforce certain regulations which he thought would reduce the hazard resulting from promiscuous riding of bicycles. The matter of th6 hearing to be held on October 16th Hearing, relative to the taxing of properties taken over by the Commonwealth was held over for one week. Slaughter Application for a Slaughter House License was received License, from Annie B. Bunzel of -East Street. The Clerk was_in-., Bunzel, structed to have the Health Inspector investigate the premises and make a ' report at the next meeting of the Board. Application for a Junk Collector's License was re- ceived from John F. Canessa with a place of business listed U at 173 Bedford Street. Mr. Giroux moved that the license be granted subject to the usual fee of $50.00. Mr. Potter Junk seconded the motion and it was so voted. License. The Welfare Agent discussed welfare matters with tie Welfare. Board. The meet ing adjourned at 10:35 P.M. A true record, Attest: 1 1 Clerk.