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HomeMy WebLinkAbout1936-12-01 154 c SELECTMEN'S MEETING DEC. 1, 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, Clark, Giroux and Ross were present. The Clerk was also present. Mr. Fred Viano appeared before the Board and Viano request stated that he would like to get a permit to sell for liquor bottled liquors in North Lexington. The Chairman license. told him that the Town was limited to three licenses and that the present holders of licenses were prima facie entitled to renewals if they apply before Dec- ember 1st and that these persons had applied for renewals . He told Mr. Viano that under the circumstances, it was impossible to grant him a license. At 8:00 P.M. hearing was declared open on the Potter application of Murray F. Potter for permission to garage maintain a one car garage at 23 Walnut Street, Lexington. hearing. Mr. Potter presented plan of the proposed garage and no persons appeared in opposition. Mr. Giroux moved that the permit be granted subject to the approval of the Building Inspector. Mr. Ross seconded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the Johnson application of Harry B. Johnson for permission to garage maintain a one car garage under the house at 9 Taft hearing. Avenue. No persons appeared in favor or in opposition. Mr. Ross moved that the permit be granted subject to the approval of the Building Inspector. Mr. Clark seconded the motion and it was so voted. Letter was received from the Town Counsel stating that the first sentence of Section 81F under Section 4 of Chapter 211 of the Acts of 1936 authorized the Town to confer on the existing Board of Survey powers over sub-division. Mr. Giroux asked if there would be Board of any great disadvantage in turning over the powers of Survey the Board of Survey to the Planning Board. The Chair- powers . man said that a disadvantage of the present system was that the Selectmen did not know what the Planning Board had in mind for development in any particular area and he thought that the advantages would more than offset the disadvantages as far as the Town is concerned. He thought it would be a good idea to have the Town Counsel appear before the Board previous to the Annual Town Meeting and have him pick out different sections of the Act giving certain powers to the Planning Board. It was decided to request the Town Counsel to appear be- fore the Board some time in the middle of January. 155 Letter was received from the Town Treasurer stating that he had accepted a bid from the Lexington Loan. Trust Co. on the borrowing of $1950.00 at a rate of 1% discounted, notes being dated November 27th, 1936 and payable November 27th, 1937. Letter was received from the Chief of Police stating that Richard Whittemore had filed suit against him but that it was never entered in Cambridge Court. When the Chief received notice of suit, he turned the same over to Robert T. Bushnell, attorney. Chief Sullivan said that the bill was rendered to him and Bill of that it was up to him to pay as it was incurred by him Bushneli's personally. The Chairman stated that the Town Accountant had checked the Statutes for cases such as this and found that the only way that such a bill could be paid was by inserting an article in the warrant. Mr. Clark moved that the Chief of Police be advised that the only way the bill can be paid is by inserting an article in the Warrant for the next Town Meeting and that if he so requests, the Board will insert such an article. Mr. Giroux seconded the motion and it was so voted. Letter was received from W, L. Barnes stating that the heirs had had inquiries as to the renting of the property at 1557 Mass. Avenue . In due respedt to the Board of Selectmen, Mr. Barnes was writing to find out their opinion in the matter. He asked if a tenant was Barnes desired and if so what kind of a lease should be given property. and for how long. Mr. Clark moved that an article be inserted in the Warrant for the Annual Town Meeting relative to the purchase of the Barnes property for the further develop- ment of the Town. Mr. Giroux seconded the motion and it was so voted. Mr. Clark then moved that the Barnes heirs be notified through Judge Pierre A. Northrup of the Board's action and that no comment be made as to the advisability of renting the property. Mr. Giroux sedonded the motion and it was so voted. Notice was received from the Middlesex County San- atorium of the discharge of Mrs. Blanche Meadows to Meadows 52 Woburn Street, Lexington. Mrs. Meadows was dis- T.B. case. charged on November 25th. Application for permission to peddle fruit and produce was received from Frank M. Champlin of 20 Bert- Peddler's well Road. Mr. Giroux moved that the application be license. approved. Mr. Potter seconded the motion and it was so voted. 156 a< Hadley, The Chairman advised the Board of the findings Board of of the Board of Appeals granting permission to Charles Appeals E. and Charlotte E. Hadley to maintain a carpenter shop findings, at 6 Oak Street, Lexington. A letter addressed to the Building Inspector was received from the Town Counsel relative to the billboard at the junction of School Street and Marrett Road. Mr. Wrightington said that if the billboard was erected prior to May, 1924, it would have been a non-conforming use Opinion re under Section 10 of the Zoning By-law. Since the bill- billboard. board has not been removed, it is Mr. Wrightington 's opinion that the owner of the land cannot erect a new billboard in its place as a non-conforming use and since its erection would be a violation of the Zoning By-law, it should be enjoined if erection is attempted. A permit must be applied for before erection. Mr. Wrightington said that his opinion with reference to the applicability of the Zoning By-law to any billboard was disputed by some attorneys and has yet to be determined by some decision of the Supreme Court of Massachusetts. The Clerk was instructed to request the Building Inspector to write to Mr. George B. Sarano and advise him of the Town Counsel's letter. Report of The report of the Dog Officer for 1936 was re- Dog Officer. ceived tgd approved. At 8:15 P.M. hearing was declared open upon the abandonment of the Board of Survey layout of the so- called Blake Avenue leading from Edgewood Road southerly, upon the petition of Norman A. and Ina A. Downs. The following persons were present at the hearing: Mr. and Mrs. Andrew Dreselly, Mr. Norman A. Downs, Mr. W. S. Caouette, Mr. Robert P. Merriam, Mr. Frank B. McAllister , Board of Mr. Ronald B. Brown. The notice of the hearing was Survey read by the Chairman. hearings - Mr. Downs said that he approved of the ebandonment Blake Ave. of the street ad did Mr. Merriam. Mr. McAllister said that he did not like the idea of laying out a way over his property and he would like more time to think the matter over. The Chairman told Mr. McAllister that the Board of Survey merely established the street lines and that there was no taking involved. The Chairman said that he could have the Town Engineer go up to his property and show him exactly where the lines will come. Mr. McAllister said that this would be agreeable to him. It was therefor decided to take no action on the abandonment of the layout of the so-called Blake Ave. at the present time. 157 At 8:30 P.M. hearing was declared open on the application of Norman A. and Ina A. Downs for approval of a new Board of Survey layout of Blake Avenue. Blake Ave. Mr. Robert P. Merriam stated that he wished to be recorded in favor of the new layout as also did Mr. Downs. Mr. McAllister was not satisfied with the new layout. It was decided to defer action on the matter until a later date. The Chairman stated that he had received a call from Mrs. R. L. Hyder who advised him that there was talk of building a Girl Scout House on the railroad property next to the Goodwin estate facing Goodwin Road. Probable Mrs. Sheldon gave the Girl Scouts $1,000. and they have Girl Scout some more money available. Mrs . Ryder wanted to know house. how the Selectmen would feel about a Girl Scout house being built in this location and if the Town would let them have it tax free. Mr. Potter said that tax-free property had to be either religious or educational, and he thought that this would come under an educational use . The Board felt that this matter came under the jurisdiction of the Planning Board, the Board of Assessors and the owners abutting the property in question rather than the Selectmen. Mr. Giroux moved that the Chairman advise Mrs. Ryder that the Board did not care to establish a precedent by expressing an opinion on matters that did not coma under their jurisdiction. Mr. Clark seconded the motion and it was so voted. Mr. Raymond informed the Board that he had commun- icated with the Town Couhsel relative to installing a street light on Crescent Hill Avenue in Arlington. Street The Town Counsel advised Mr. Raymond not to install lights. such a street light and stated further that the Town of Lexington had no right to pay for maintaining such a light. Mr. Clark moved that Mr. Raymond notify Mr. Tocio, who requested the light, of Mr. Wrightington's opinion. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond informed the Board that he thought the Town was going to get the approval of the W.P.A. author- ities for the construction of the East Street and Bowser Road culverts and asked if the Board thought he should Culverts go ahead and try to get the releases . He said that he East St. was not absolutely sure of getting the approval of the and W.P.A. authorities. He said that he did not think the Bowser Road Town would have to pay anything for the releases with the exception of possibly one person on East Street. Mr. Clark moved that Mr. Raymond be authorized to obtain the releases if the expense was inconsequential. Mr. Giroux seconded the motion and it was so voted. 158 cn c• Mr. Raymond stated that he had received a report from the State Dept. of Public Works with regard to traffic lights in the center of the Town. Certain recommendations were made and he said that he had Traffic asked Mr. Bills to look them over and give the Town lights. estimates on doing the work. Mr. Clark asked if there was any provision made for parallel parking in front of the Central Block, and he replied in the negative. Mr. Clark said that if the Police kept the cars from in front of Seltzer's and enforced parallel parking in front of the Central Block that Merriam Street would not be a blind corner. Mr. Clark moved that Merriam St. Mr. Raymond be instructed to look into the matter of corner. parallel parking on both sides of Mass. Avenue from Depot Park to Merriam Street. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that he thought the Town ought to put up some shelters on the Clematis Brook and East Shelters Lexington Skating Rink W.P.A. projects where the men for W.P.A. could eat their lunch. He wanted to put up shelters 12 ft. x 20 ft. and said that the expense could be charged to the Labor and Materials appropriation. Mr. Ross moved that Mr. Raymond be authorized to erect two shelters, one on the Clematis Brook project and one at the East Lexington Skating Rink project, and that the expense incurred be charged to the Public Works, Labor and Materials appropriation. Mr. Raymond reported that a Mr. Conant owns a Conait piece of land on Lincoln Street and he says that the property - former Supt. of Public Works promised to build him a Lincoln St. stone wall. Mr. Raymond told Mr. Conant that there was not enough money to build a stone wall. He finally agreed to allowing the Town to slope the bank two feet on his land and the rest on the town's land. Mr. Raymond said that it would cost the Town less than $100. to do this work. Mr. Clark moved that the work be done and the expense incurred paid from the Lincoln Street approp- riation. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond reported that he had received a bid from F. K. Johnson for furnishing a Chevrolet pick-up Pickup truck truck with a body 77 inches by 45i inches at a cost for Water of $555. and an allowance of $70. for the old truck, Department. leaving a net price of $485.00. A bid was received from Calvin W. Childs for furnishing a Ford pick-up truck, 85 h.p. , $573.00 with an allowance of $73.00 for the old truck making a net cost of $500.00. Mr. Raymond recommended that the Chevrolet be purchased. Mr. Potter moved that the Chevrolet truck be purchased at a net cost of $485.00. Mr. Ross seconded the motion and it was so voted. 159 Mr. Raymond read the notices pertaining to the Snow removal of snow on private ways which are to be inserted Removal in the local paper. The Board signed the notices. notices Mr. Raymond read a letter which he had received from George F. Smith confirming his offer to sell the piece of land adjoining the Parker School for $1500. Mr. Smith Raymond said that this would settle the suit except for property. a matter of taxes. Mr. Giroux moved that the Town Counsel be consulted in the matter. Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that the Moth and Shade Tree Dept. needed a file and that there were funds available File for in the Department to pay for it. The file will cost Moth Dept. $35.00. Mr. Ross moved that the purchase of a file be approved. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond reported that on Thursday morning all W.P.A. workers, male and female, were to be present at Use of 9:00 o'clock and the only place large enough to take Hall. care of them is Cary Hall. Mr. Clark moved that the use of the hall for this meeting be approved. Mr. Ross seconded the motion and it was so voted. Letter was received from the Supt. of Public Works stating that in his opinion it would be to the best interests of the Town to return John O'Connor to the Highway Highway Department as Assistant Superintendent. This Dept. & would necessitate the appointment of an assistant for W.P.A. Mr. Beach, whom he recommended be placed in direct charge to succeed Mr. O'Connor on the W.P.A. work. Mr. Raymond thought he could secure an assistant for Mr. Beach at a wage of $25. per week, and he recommended that the wage for the Assistant Supt. of Highways be $30. per week and that of Mr. Beach $28.00. He recommended that this ' change be made January 1st, 1937. Mr. Raymond said that further engineering work would be needed during construction on various W.P.A. projects and he recommended that the Town attempt to make an arrangement with Mr. Frank P. Cutter at a weekly wage under which he would furnish the necessary engineering for each W.P.A. project. Mr. Clark asked why it was necessary to transfer O'Connor at this time of year when work was slack in the Highway Department. He asked why it would not be better to wait until spring and save the cost of an assistant to Mr. Beach. Mr. Raymond said that there was a great deal of estimating to be done and that snow problems would be coming on. Mr. Ross stated that it would be necessary to have two men in charge of snow work. The Chairman said that he thought the Board should decide what its policy was going to be with regard to 160 a' rti salary increases before acting on any individual cases. Mr. Giroux said that he thought it would be best to wait until after the first of the year and talk increases over with the Appropriation Committee when budgets were being discussed. The Chairman agreed with him. Mr. Giroux asked if not making this change would throw him off and Mr. Raymond said it would all depend on when the season opened up. Mr. Clark moved that the matter be taken up at a later date. Mr. Giroux seconded the motion and it was so voted. Pay for Mr. Raymond said that he was informed just before Thanksgiving he signed the payrolls for last week that the Town paid and the men for Thanksgiving and Christmas. Mr. Ross moved Christman. that the custom of paying the regular men at Thanks- giving and Christmas be continued. Mr. Potter seconded the motion and it was so voted. Budget. The Town Accountant submitted his budget for 1937. Mr. Ross informed the Board that Mr. John Cadario informed him that the Insurance Co. still insists that the same amount of collateral be placed for a $2500. bond as for the $10,000. bond and that the premium would Brouseeau, be $150.00. He wanted the Board to reconsider allow- Cadario & ing him to place a $1000. cash bond. Upon motion of General Mr. Ross, seconded by Mr. Giroux, it was unanimously Const. Co. Voted that Messrs. Brousseau, Cadario, and the General Construction Co. be allowed to file $1,000. in cash or satisfactory collateral in lieu of a bond for the faithful performance of the present agreement, provided they mill sign an additional agreement to be drawn up by the Town Counsel containing the following provisions: 1. That the $150. saving on the premium shall be ex- pended in improving the value of the property in addition to the improvement already provided for in the bond now on file ; and that ample evidence shall be presented to the Board that this has been done before the cash shall be released; 2. That there shall be no further litigation against the Town or the Selectmen as individuals in connection with this case; 3. That the cost of the contempt proceedings shall be paid by BrousSe.au,, Csd;rio and the General constrt tion Co. 4. That the 1110,000. bond now held by the bonding company shall not be released until the $1,000. cash bond has been filed. Military Aid return in the amount of $25.00 and Returns . State Aid return in the amount of $26. were signed by the Board. 161 The Welfare Agent discussed welfare matters with the Board. Welfare. Mr. Raymond reported that the -Board of Trade wanted to use Estabrook Hall and the corridor on December 8th. _Mr. Clark moved that the use of the hall and corridor be granted. Mr. Ross seconded the motion and it was so voted. The meeting adjourned at 10:3.0 P.M. A true record, Attest: Clerk. 1