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HomeMy WebLinkAbout1936-10-27104 SELECTMEN I S EMTING. x OCT. 27th, 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. Giroux, Potter and Ross were present. The Clerk was also present. Letter was received from Elizabeth M. Sullivan of 82 Waltham Street, reporting that on Monday evening, Oct. 26th at 10:40 P.M. while walking on the easterly side of Waltham Street in front of the premises located at 52 Sullivan Waltham Street, she tripped on account of a hole about one accident. foot in diameter in the sidewalk and was thrown to the ground. She was treated by Dr. Pyle on Tuesday morning for abrasions of the left knee and strained ligaments of the right foot. She -was to return to Dr. Pyle on Friday,, morning for treatment. Her wrist watch, stockings and shoes were damaged. Mr. Potter moved that the matter be turned over to Mr. Raymond for investigation and report. Mr. Ross seconded the motion and it was so voted. Letter was received from the Supt. of Schools stating 'Painting that the School Committee had voted on October 20tla to school request the Selectmen to submit a P.W.A. project for paint *4 buildings* ing certain sections of the different school buildings. , Mr. Giroux moved that the School Committee be incited to appear before the Board next week to discuss the matter. Mr. Ross seconded the motion and it was so voted. Letter was received from the Supt. of Schools ad- vising the Board that it was the opinion of the School Committee that the Smith land adjoining the Parker School Smith was desirable land for the Town to purchase and that the property. es tors should be given an opportunity to express their opinion on the matter. Mr. Potter moved that Mr. Reymond be requested to confer with Mr. Smith and obtain a definite price for the property. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Supt. of Schools advising that the School Committee would need $150. additional for Funds for tuition of pupils attending vocational schools in addition tuition at to the regular appropriation. The amount is necessary due vocational to an increase in number of pails enrolling at vocational schools, schools this fall and revised tuition rates of some schools. Mr. Potter moved that the School Committee be advised that the Board would insert an article in the Warrant for the next Town Meeting to see if the Town will vote to appropriate and transfer the required amount. Mr. Giroux , seconded the motion and it was so voted. Letter was received from Doris Kendrick, M. D., stating ' that as School Physician, she would like the authorization of the Board of Health to carry on the anti -diphtheritic treatment of school children as in former years. Mr. Potter moved that Dr. Kendrick be authorized to proceed with the work. Mr. Ross seconded the motion and it was so voted. Letter was received from Mrs. N. E. Stockhaus stating that the American Legion Auxiliary is not using Estabrook Hall on Monday, November 9th, and she would like permission for the Middlesex Salon 161, 8 and 40, a subsidiary or- ganization of the American Legion Auxiliary, to use the hall on that date. Mr. Giroux moved that the use of the hall be granted subject to the regular fee of $10.00. Mr. Ross seconded the motion and it was so voted. Letter was received from the Emergency Finance Board stating that a copy of Lexington's application for the obnstruction of a covered conduit had been filed with that Board by the Ste,te Director of the P.W.A. The letter requested a copy of the vote of the Town on the matter. If no vote had been passed, the Board would like to know what provisions were being made to properly authorize the proceedings to carry out the application, as the Emergency Finance Board cannot act until they have a proper vote of ' the .town. Mr. Ross moved that the Emergency Finance Board be advised that it is the intention of the Board to insert an article in the warrant for the Annual Town Meeting in 1937 to give the voters an opportunity to act on the con- struction of this P.W.A. project. Mr. Giroux seconded the motion and it was so voted. At 8:00 P.M., hearing was declared open on the appli- cation of Ransom F. W illiams for permission to maintain a one car garage of wooden construction at 18 Farm Crest Avenue. Mr. Williams appeared and presented plan of the proposed garage. No persons appeared in opposition. Mr, loss moved that the permit be granted subject to the approval of the Building Inspector. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Treasury Dept. in Wash- ington in reply to the Board's letter relative to the design of the proposed Post Office building. The letter said that prior to the preparation of drawings, careful consideration was given to all of the local factors that might influence the design, as it was the constant endeavor of the procurement division to provide Federal buildings which, besides being adequate for the purpose, ' would be appropriate to their environment. However, the character of the design and choice of materials must be kept within the limitation of available funds. When the design for the Lexington building was developed, the Proposed Post Office. 106 x drawings would be available for inspection in the event that a representative of the Board wished to come to ' Washington to inapect them. Mr.,Giroux moved that the Engineering Dept. draw up a simple plan of the so-called Harrington lot and the lot on which the Cary Uemorial and Town Office buildings are located and that photogbaphs be taken of both of these latter buildings from various angles so that they might be sent to Washington and that the Board authorize expense for this work not to exceed $10.00. Mr. Potter seconded the motion and it was so voted. Letter was received from the National Safety Council Accidents. with regard to controlling accidents. Mr. Giroux moved that the matter be referred to the Chief of Police. Mr. Ross seconded the motion and it was so voted. Letter was received from the Lexington Allied Veterans Council with regard to the 19th of April cele.bration. The Council would like the Selectmen to appoint a Committee April 19th from the membership of their component organizations. If. Committee. the Selectmen wish to do this, the Council will suggest names for appointment after conferring with the various organizations. Mr. .Ross moved that the Council be advised that the Selectmen would be pleased to receive suggestions as to members of this Committee. Mr. Giroux seconded the motion and it was so voted. The following commitments were sined by the Board; Commitments. Water rates - 55996.28 Water miscellaneous - 8.00 Water liens. Water liens in the amount of $82.19 were signed by the , Board. At 8:05 P.M. hearing was declared open on the q:) pli- cation of Anselm C. Mullen for permission to increase the Mullen capacity of underground tanks for the storage of gasoline, hearing re range oil and fuel oil from 14,500 to 24,500, on premises increasing located at 301 Mass, Avenue, Lexington. capacity. Mr. Mullen appeared in favor of the petition and said that the gasoline business on Mass. Avenue was "all done" and that he would like to see what could be done with fuel oil. He already has a tank for range oil. The Chairman asked if an additional pump would be required and Mr. Mullen replied in the negative. He said that tha present , pump would be siamezed with another and there will be just one pump but it will be of different type. The Chairman told Mr. Mullen that the matter would be taken under advisement, and he retired. Mr. Giroux moved that the permit be granted provided it was in accordance with all State and Town laws. Mr. Ross seconded the motion and it was so voted. Letter was received from the Lexington Allied Veterans Council with regard to the 19th of April cele.bration. The Council would like the Selectmen to appoint a Committee April 19th from the membership of their component organizations. If. Committee. the Selectmen wish to do this, the Council will suggest names for appointment after conferring with the various organizations. Mr. .Ross moved that the Council be advised that the Selectmen would be pleased to receive suggestions as to members of this Committee. Mr. Giroux seconded the motion and it was so voted. The following commitments were sined by the Board; Commitments. Water rates - 55996.28 Water miscellaneous - 8.00 Water liens. Water liens in the amount of $82.19 were signed by the , Board. 107 Merriam Bd, of Sur- vey layout hearing. At 8;15 P.M. Board of Survey hearing was declared open on the application of Robert C. Merriam for approval of a plan of a street called Patriot's Drive and located in the Goodwin Estate on Meriam Street. Mr. Merriam appeared in favor of the petition. He showed the proposed layout which had been made by Mr. H. J. Kellaway,.a landscape architect who has done a great deal of municipal work. Mr. Kellaway laid out the grounds of the Cary Memorial Building and the Cary Library and is a member of the Planning Board in Newton. Various plans were submitted to the Planning Board and the Town Engineer and the .one Mr. Merriam submitted now was the one approved by them. Mr. Merriam said that the abutters on the inside lots had seen the plan and he thought that they approved it. Mr. Kimball stated that the Planning Board approved the plan in principle but said that there were a few changes to be made. Some fifteen or twenty people were present at the hearing and observed the proposed layout. Mr. Andrew Dreselly of Goodwin Road said that in 1925 he came to Lexington to build and went to the Co-operative Bank for a loan. He was made two propositions whereby he could borrow a certain sum if he faced his house on Goodwin Road and a larger sum if he faced his house on the proposed street. He appeared before the Planning Board and they en- couraged him to build his house facing the proposed street. He was shown a plan and e itle r he did not read the plan right or a different plan went on f ile, b ecause he now finds that there is a piece of land between his house and the pro- posed street. Mr. Merriam has offered to sell Dreselly that piece of land but he does not feel that he needs the land and he really does not wish to buy it. However, if he does not buy it, his house will face the proposed street at a very peculiar angle and if this proposed Board of Survey layout is approved, he is apt to have a house built between his house and the street. He has suggested to Mr. Merriam that the street on this new layout be taken down as near his house as possible, this being the lesser. of the two evils. Mr. Norman A. Downs of 11 Edgewood Road stated that so far the talk had been relative to the houses adjoining the Goodwin property and that no consideration had been given to the houses on Edgewood Road. He said that in 1929 he came to Lexington and purchased what he thought was 13,240 feet of land. He erected his house and did not know until last Saturday that he was sold 24 feet which included a rove of trees in a right of way. A plan of this was approved by the Board of Survey in November of 1925. The plan of the property he bought was filed by Mr. Cutter in 1925. He stated that there is a discrepancy of 24 feet in the two plans which would bring the proposed street, if accepted by the Board of Survey, within two feet of his piazza and it would be necessary to take down five trees 107 Merriam Bd, of Sur- vey layout hearing. 108 cri �e which have been growing there for seventy or seventy-five years. Downs said that he had talked with the abutters on Wadman Circle and there is no one that wants the layout as proposed by Mr. -Merriam to go through as no one wants the traffic and they feel it will depreciate the value of their property. Mr. Downs said that there probably would be serious betterments to pay if the street went through and he objected. He said that he had an option on the piece of land in the rear of his house and thought that if he did buy it it would enhance the value of his property a great deal, but if this proposed street went through, he would not go through with his option. Mr. Frank B. McAllister said that he thought the proposed street would be a disadvantage to his property and he objected to it. The question was raised as to whether or not it would be necessary for the Town to accept the whole street and the Chairman said that the Town could accept as much of the street as it wanted. Mr. Downs said that he thought this would be opening up the street to traffic and would be just as bad as having the whole street accepted. Mr. Downs asked Mr. Kimball if the Planning Board considered a circle a dead end street, and Mr. Kimball said that it was not. Mr. Downs said - that on the original layout on the 1934 plan which has not been approved, there are 210.62 feet from Hancock Street and on the plan which was approved five months later, there are 186.44 feet from Hancock Street, leaving a difference of 24.18 feet. Mr. Downs said that he thought that when people had established homes in good faith, that subsequent develoTments should take that into consideration. Mr. Ross asked if he had any particular objection to this plan, and Mr. Downs said that he had not, but Mr. Dreselly said that he had a very serious objection and that it would hurt him more than anyone else. He would just as soon see the land developed but would like to see it done as ddvantageously to him as possible. Mr. Downs said that he did not want to go on record as being opposed to the detelopment of the land or standing In the way of progress. The Chairman remarked that a Board of Survey layout did not affect the ownership of the land but was merely to establish street lines for the purpose of building houses. Dr. Shannon.said that the present situation was a` good example of what happened when adjoining developments were not considered at the same time. He said that he was In sympathy with the abutters on Wadman Circle and felt that eventbAlly the street would be out through to Edge. wood Road. He said that some time ago a study was made by the Planning Board and the Board of Selectmen for ' extending Oakland Street from Hancock Street to Grant Street. However, no approval of this layout was ever 109 Mr. Tremark appeared before the Board to ask why the Board could not give him a definite answer on his request Tremark for a permit to keep poultry on land adjoining the new request, .Concord Turnpike. The Chairman requested him to bring in a plan.next Monday evening showing the proposed buildings, etc, and he agreed to do this. Fetter was received from the Health Inspector stating that he had again visited the Franklin School and that he made. He asked if Mr. Merriam and the Planning Board had ever considered that study when this plan was being con- sidered. Mr. Kimball said that he had not seen that plan but that it had not been thrown out. Dr. Shannon thought that a study should be made of the railroad property and the Merriam property at this time by the Planning Board and the Board of Survey. Mr. T. A. Custance said that he was very much dis- turbed on account of Mr. Downs' protest and to find that there were two Board of Survey plans which did not jibe within 25 feet. He said that it was the hope of the Planning Board and the Board of Survey in 1925 that the Oakland Street extension and the development of the Good- win property would be considered together. He thought that the present Boards should look at the plan of Oakland Street Extension. He said that if the present plan goes through the way it-islaid out, Mr, Downs would be deprived of his just rights. He hoped that the Boards interested would give further study to the matter to see if it could be straightened out more satisfactorily. Mr. W. S. Caouette, representing the Lexington Co-op, Bank, stated that he thought the layout of the so-called Blake Avenue should be given further study. He said that he spode to Mr. Merriam about cutting a street through, but he did not have any idea of developing the property then. After that conversation, he approached Mr, Downs about the purchase of the land in back of his house, and ' he was considering buying it. He said that if this layout went through, the estate of Hallie C. Blake would lose the sale of a fine piece of property. Mr. Merriam said that he had a great deal of sympathy with Mr. Downs and Mr. Dreselly and that the matter.would be arranged to the satisfaction of all concerned. He said that the land and buildings were assessed for $490000. and they could not do anything with it as it was and pay .taxes on it. Mr. Kimball read the minutes of three Planning Board. hearings held in 1925 ilelative to the development of Blake Avenue and Wadman Circle, Mr. Merriam suggested that the hearing be adjourned for two weeks and thought that a final plan would be ready at that time. The Chairman asked what the advmztage would be if it was the s ame plan, and the people present thought that by the time the adjourned meeting was held, they would be able to make recommendations. The hearing was declared closed at 9:35 P.M. Mr. Tremark appeared before the Board to ask why the Board could not give him a definite answer on his request Tremark for a permit to keep poultry on land adjoining the new request, .Concord Turnpike. The Chairman requested him to bring in a plan.next Monday evening showing the proposed buildings, etc, and he agreed to do this. Fetter was received from the Health Inspector stating that he had again visited the Franklin School and that he 110 found very few flies there. The principal, Miss Keefe, Towle informed Mr. Stevenwon that Mrs. Towle, who had made the complaint. complaint, had never been in the school building even when her children first entered. Mr. Stevenson called at the houses in the neighborhood of the Towle house and none of the persons had any serious complaints in regard to flies or odor at the present time. Mrs. Towle was not. at home when Mr. Stevenson called. The Supt. of Public Works informed the Board that he Nest -to -'U had talked with Horace Densmore relative to the bill for water bills, water rates at the Nest -to -U egg plant, which he owes, and Densmore informed him that he could not pay anything on the bill now. He is trying to get a new position in Milton and said that if he did get it, he would pay $3.00 a week on the bill. The Chairman said that there was nothing to do but to record the lien and he suggested that the Supt. of Public Works write Mr. Trask and tell him that the lien would have to be filed, but it was expected that Densmore would pay the bill. Mr. Raymond agreed to do this. Mr. Giroux moved that the following dates be reserved Cary for the Cary Lectures: November 18th, December 9th, 19365, Lectures. January 13 and February 7, 1937. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had made quite a study of the McIntosh drain situation and he thought it best to connect up a manhole in the McIntosh lot with the manhole in the right of way in the rear of the Dreselly McIntosh house, putting in a pipe large enough to take care of the drain ultimate discharge of water. It would be necessary to get permission from Cook and Dreselly to dischar#e into the manhole in the right of way. The estimated cost of the work, allowing for some ledge, is $2700. He informed Mr. McIntosh that he would report to the Board on the -matter and would recommend that the work be done as soon as funds are available. Inasmuch as no funds are available at the present time, the Board could not take any action on the matter. The Supt. of Public Works submitted a plan of Bowman Bowman Street. He asked if it would suit the Board if a driveway Street. ramp was put in Bowman Street when construction work was doneon Watertown Street and the Board agreed that it would be suitable. 1937 work. The matter of construction work for 1937 was held over - for one week. The Supt. of Public Works said that Mr. Beach, the Beach W.P.A. Supervisor, wanted a•week+s vacation beginning -Nov. vacation. 16th, and said that he had been with the Town for forty- two weeks. Mr. Giroux moved that Mr. Beach be given one 1 1 Mr. Raymond reported that a Mrs. Gertrude White fell down on Woburn Street at the end of an asphalt sidewalk where therd is a small projecting stone, and Mr. Raymond thought that it might be construed a defect. Mr. Giroux moved that the matter be referred to the Town C ounsel for settlement. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that after the men had blasted on Mill B rook, he received a complaint from 11 Reservoir Road, Arlington, that they had sustained damages. Higgins of the Engineering Department went to the premises and made an inspection and estimated what the damages amounted to. His estimate was $118* but he did not try to settle the matter with them. The owner of the house, Mr. Bilafor, has not put in his figure for damages but he wants something done on the matter very soon. Mr. Potter suggested that Mr. Raymond go down and talk with the man. The Chairman asked if we were liable to get more complaints and Mr. Raymond said that we were and that he had received three complaints from other people. It was decided to have the Town Counsel come in to the next meeting to discuss the matter. 111 Board of Survey layout - Ryder. White accident Mill Brook blasting damages. Mr. Raymond said that there was $200, left in the appropriation for repairs to the Town Offices and Cary Mem- orial Building. There is miscellaneous work that should ' be dorie such as painting window sills, the iron work outside, fixing the woof, etc. He said that Michael Shea had estimated doing the work at $200. The Chairman thought that if the work was necessary and the money was available, Painting work. week's vacation with pay beginning November 16th. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had talked over the Ryder Board of Survey plan of Sherburne Road with the Town Engineer and he had requested Ryder for a lotting plan showing provisions for water and sewerage. He said that Mr. Ryder had left a plan, with no ex planation, showing a narrow strip of land leading from the narrow point in the lot toward Vine Brook marked "Sewer and Drainage Easement" and showing lots. It is materially different from the layout of streets made for the development of the Vine Brook area. Mr. Raymond could not see qny reason for laying out Sherburne Road at this time so that it would Interfere with developing good lots if the Town wanted to go through with the lotting as shown in the Vine Brook study. He talked the matter over with Mr. Kimball, who suggested that it be referred to the Planning Board for further study. Mr. Giroux moved that the matter be referred to the Planning Board for further study. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that a Mrs. Gertrude White fell down on Woburn Street at the end of an asphalt sidewalk where therd is a small projecting stone, and Mr. Raymond thought that it might be construed a defect. Mr. Giroux moved that the matter be referred to the Town C ounsel for settlement. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that after the men had blasted on Mill B rook, he received a complaint from 11 Reservoir Road, Arlington, that they had sustained damages. Higgins of the Engineering Department went to the premises and made an inspection and estimated what the damages amounted to. His estimate was $118* but he did not try to settle the matter with them. The owner of the house, Mr. Bilafor, has not put in his figure for damages but he wants something done on the matter very soon. Mr. Potter suggested that Mr. Raymond go down and talk with the man. The Chairman asked if we were liable to get more complaints and Mr. Raymond said that we were and that he had received three complaints from other people. It was decided to have the Town Counsel come in to the next meeting to discuss the matter. 111 Board of Survey layout - Ryder. White accident Mill Brook blasting damages. Mr. Raymond said that there was $200, left in the appropriation for repairs to the Town Offices and Cary Mem- orial Building. There is miscellaneous work that should ' be dorie such as painting window sills, the iron work outside, fixing the woof, etc. He said that Michael Shea had estimated doing the work at $200. The Chairman thought that if the work was necessary and the money was available, Painting work. 112 r-� that bids should be received from other painters in town. , Mr. Giroux'suggested that Mr. Raymond get bids from the other painters. Mr. Raymond said that he thought is would be more important to do the painting around the windows than the painting of the grill work. Mr. Raymond informed the Board that money would be Loan for needed for the payrolls on the Lincoln Street job. At Lincoln the present time we have a borrowing capacity of $14,000. Street and he suggested that $10,000, be borrowed for a period of one year in anticipation of reimbursement. Mr. Giroux moved that $100000. be borrowed for one year in anticipation of reimbursement from the State and County on account of Lincoln Street construction in 1936. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that the State Engineers had recommended that the town put in not less than a twenty-four foot road- way on that portion of Watertown Street it plans to do this Watertown year and that the Town do only the grading and sub -base Street and give it en oil treatment and in that way a substantial piece of roadwork could be done. They suggest that the Town put a stone top on there next year. In view of this recommendation, Mr. Raymond asked if the Board would wish to ask the Town to appropriate $1,000, next year for Watertown Street. The Chairman stated that he did not wish ' to do'that as the -townspeople were told what the Board intended to do this year and he did not want to ask for additional funds to do more work than was'originally planned. No action was taken on the matter. Mr. Raymond said that he thought Spring Street would be the best Chapter 90 job to do next. He said that the whole street could be done for $9900.00 He thought Spring that the State would insist on a fifty foot layout and had Street. talked the matter over with the Planning Board, which Board felt that the Town should not go to'any considerable expense to'obtain the land needed for a fifty foot layout. The Chairman said he did not think so either. He sd►ld he would rather forego doing the street as a Chapter 90 job and would rather put the money into some other town job.. Mr. Raymond said that if the street was not done as a Ohapter 90 job, it would be necessary to spend $2500.00 on it next year for maintenance. It was decided that the Board would look over the street before they made any decision. Lettdr was received from Mr. Everett S. Emery, Trustee Mosquito of the Winning Farm, asking when the W.P.A. was going to pest con- start workon the mosquito pest control project. Mr. Ray - trol proj- mond said that he did not know what had happened to the ' ect, project and that something had happened that stopped the presentation of it. OIConnor had made up a new estimate and he figured that it would cost $90. for materials and equipment and the earlier estimate was $50.00. ' Mr. Raymond was instructed to send the application for theproject in. Mr. Raymond said that the Ryders were interested in land downstream near this point and he thought the Town should get an agreement from the Trustees of the Winning Farm to the effect that they would defend the Town against any or all claims which Ryder might make. The Board agreed with him. 1 C 113 The Chairman suggested to Mr. Raymond that he get to- gether all the data that he could relative to Vine Brook Vine Brook Drainage so that the Committee to be appointed by the Drainage. Moderator would have the information available. The Chairman asked the Board what it wished to do about food for the Election Officers on November 3rd and Food for it was decided to serve the regular lunch of sandwiches,. Election coffee and desert between six and seven olclock: If the Officers. Wardens are of the opinion that the officers will be working late, they may order a light lunch to be served during the evening. It was decided to pay the Wardens $11.00 for serving Pay at this election and the other officers $8.00. Mr. Ross moved that Charles M. Pierson of 807 Mass. Avenue be granted a Common Victuallers License. Mr. Potter seconded the motion and it was so voted. Licenses. Mr. Giroux moved that William E. Maloney of 93 Mass. Avenue be granted a Common Victuallers License. Mr. Potter, seconded the motion and it was so voted. Mr. Giroux moved that the Town Counsel be instructed to inform the Barnes Estate that the Board would recommend to the Town the purchase of the so-called Barnes property and abatement of the taxes from the date of the option to the date of the purchase, provided the option was given immediately and the Town voted to purchase the property. Mr. Ross seconded the motion and it was so voted. The matter of Merriam Street traffic lights was held over for one week. The meeting adjourned at 11;20 P.M. A true record., Attest: CCler . Barnes property Traffic lights.