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HomeMy WebLinkAbout1936-12-08162 x SELECTMEN t S ME'.ETING DEC, 8th, 1936. , A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter., -Giroux,, Clark and Ross were present. The Clerk was also present. Mr: Giroux said that last evening at the Town Table for Meeting it was pointed out that the Chairman of the Chairman at Board of Selectmen had to present his motions under Town Meetings.difficult conditions because the table on which his material was placdd�tgo low and because of the fact a that he was obligeto read his notes under poor light. Mr. Giroux moved that the Chairman of the Board be authorized to have a proper stand constructed to take care of his needs when presiding at Town Meetings with the understanding that the cost of the stand would not exceed $25.00. Mr. Ross seconded the motion and it was so voted. At 8:00 P.M. hearing was declared open on the Brundage application of William Russell Brundage for permission garage to maintain a one car garage at 37 Independence Avenue. hearing. Mr. Brundage appeared and presented plan of the pro- ' posed garage. No persons appeared in opposition. Mr. Clark moved that the permit be granted subject to the approval of the Building Inspector. Mr. Potter seconded the motion and it was so voted. Mr. Giroux informed the Board that Mrs. Henry W. Be Cotton had called hien relative to the charge of $15. made to the American Legion Auxiliary for the use of Cary Hall for the annual fair. Mrs. Cotton said that Use of Hall. the Auxiliary had never been charged before and that the proceeds were for sick veterans. She wanted to know if the Board would reconsider the matter and abate the charge. Mr. Clark said that he thought that everybody should be charged a minimum fee which would take care of janitor service, heat and lights. Mr. Giroux moved that the American Legion Auxiliary be excused from any charge in .this particular case. Mr. Ross seccn ded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the application of the Planning Board for the approval by the Board of Survey of the layout of a proposed street from Hancock Street to Merriam Street which would be, in reality, an extension of Oakland Street. ' The notice of the hearing was read by the Chairman. Mr. Neil H. Borden, Chairman -of the Planning Board, said that the Planning Board had initiated this movement 163 Board of Survey hearing - Oakland St extension. since Mr. Robert Merriam's Board of Survey hearing as it seemed desirablO- that Oakland Street be opened through ' to Hancock Street. Several difficulties were presented, however, in view of the fact that putting a roadway through at this point cut down the depth of Mrs, Mary Regants land and the Boston and Maine Railroad's land, He said it was a matter of what compromise they could strike to take care of the best interests involved. Mr. Borden stated that Mr. Kimball of the Planning Board had conferred with officials of the railroad and had received a letter which stated that the railroad had several objections to the layout as planned. First there would be a taking of thirty feet of the railroad land and the remaining land would be so narrow that it would have no practical use. The road would be very near the grade crossings at Hancock and Merriam Streets and no doubt betterment assessments would be levied which would be greater than the value of the land. Mr. Kimball said that the first objection was on the danger of the crossings and secondly, the railroad was seriously concerned with the possibility of betterment assessments. Dr. Clarence Shannon stated that the Planning Board was making this layout in order to prevent the railroad from developing it any way it wished. Mr. Borden said that it was merely a protection for the future so that the Town could control the land in the matter of laying out the lots. The Chairman asked Mr. Robert Merriam how he felt on the matter. He replied that the Planning Board and the Board of Survey felt that this was the way the street should be laid out and said he would agree to deed to the Town a twenty-five foot strip of land with the understanding that if the layout was eventually abandoned, the land would revert back to him, Mr. Merriam thought that consideration should be given to the fact that there are several alternative routes which might be adopted. He said he understood that this road would be parallel to Mass. Avenue and it was the ultimate plan to continue it from Hancock Street through to Grant` Street, He said that there was a large ledge near the foot bridge side of his factory and that it would cost a great deal to blow it out. If the railroad property should develop, it might be possible for the Town to take some of the land and the taking along flat land down to Grant, Street might be cheaper than blowing down the ledge near the foot bridge. Mr. T. A. Custance, said that as a citizen of the Town he approved of the general idea and he wished to compliment the Planning Board and Mr. Merriam for giving so much consideration to the matter. Mr. Borden said that in laying out the street at the ' Merriam Street end, they took only 20 feet from Mrs. Regan and 30 feet from the railroad but that the railroad was compensated as there was a smaller taking of their land at the other end. 163 Board of Survey hearing - Oakland St extension. 164 �e Mr. Kimball said that he had discussed the matter with Mrs. Regan and she was not at all matisfied with ' the layout as planned. The Chairman stated that the matter would•be taken under advisement and the hearing was declared closed at 8:30 P.M. The Chairman said that he had suggested to Mr. Kimball that the Planning Board get in touch with Mr$. Regan and discuss the matter with her. Governor Kra Raymond stated that he thought there should be for truck. a governor on the new Water Dept. pick-up truck. Mr. Giroux moved that the governor. be purchased. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he was having some difficulty in getting the Brown Brook releases signed. Mrs. Cummings, who owns a strip about 300 feet long, will not sign a release. He said that under Chapter 263 of the Acts of Brown 19260 it is necessary to have an appropriation before Brook, an easement may be taken. He asked if the Board felt that the appropriation for Public Works Labor and Materials might be considered an appropriation for Brown Brook. The Chairman said he thought that the matter should be taken up with the Town Counsel and the Town Accountant. Mr. Raymond said he thought he might be , able to change the location near the railroad so that there would not be any damages to the railroad. Mr. Raymond informed the Board that the premium for Insurance insurance on the Fire Dept. apparatus from July through bill - November amounted to $42.00 and he wanted to know from Fire Dept. what account the Board wished the bill paid, Mr, Clark moved that the Appropriation Committee be requested to transfer this amount from the Reserve Fund to pair the bill- Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that Roland Garmon informed him that they were having difficulty in heating the Stone Heating - Building and that the Spencer Co. had made a study and Stone report on the heating system about a year ago but that Building scarcely any of their recommendations had been carried out. For instance, they recommended an electric pump on the return and a new chimney. Mr. Raymond said that he had not investigated since Garmon spoke to him. The Chairman suggested that he investigate the matter and discuss it next week. Mr. Raymond informed the Board that Kra Walter Floors at Rowse came to him relative to the condition of the floor Cary at the Cary Memorial Library and he would like to put ' Library- in some rubber flooring. The Chairman said that the floors were patched about a year ago and that the matter was no concern of the Selectmen's but should be taken up by the Library Trustees- The Board discussed with Mr. Raymond the matter of ' the high cost of heating the Public Works Building. Mr. Raymond said that it was a very expensive proposition due to the fact that the Highway and Water Dept. rooms in the rear were so very high that it took a great deal of heat. The Chairman suggested that Mr. Raymond get an estimate on the cost of putting in a ceiling in these rooms* Mr. Raymond informed the Board that Mr. Bieren had brought in his workmen's compensation and public liability insurance which was placed through Albert Berry of Bedford with the Columbia Casualty Co. of 1 Park Avenue, New York. The Chairman said that the Town should have a certificate of insurance from the company inasmuch as the policies would have.to be returned to Mr. Bieren. Mr. Ross moved that the policies be approved subject to the approval of the Supt. of Public Works after investigating the company and obtaining a certificate of insurance from them. Mr. Clark seconded the motion and it was so voted. 165 Hearing Pub. Works Building. Bieren ' s insurance. Blasting damages. Mr. Raymond informed the Board that he had received six claims for stated amounts as a result of the blasting ' at Mill Brook and said that two more complaints came in today. Five of the claims are very reasonable but one person was asking for $275.00 and Mr. Raymond said that he was going to have another examination made of that house. The, total of the six claims presented was $391.00. One Mary A. Bilaf or of Arlington has submitted a claim in the amount of $85.00 and she is quite anxious to know whether or not the Board will accept the claim. Stanley Higgins investigated her house for damages and he stated that there were damages to the extent of $1,18.00. The Chairman suggested that the matter be held over for one week and that the Board discuss it with the Town Counsel. Mr. Ross suggested that Mr. Raymond get ark opihion from the DuPont blasting man as to the town's liability in the matter. Mr. Raymond said that the DuPont man wanted to do another blast and have a seismograph in the houses. Mr. Raymond said that the seismograph would register earth tremor but not air concussion. Mr. Giroux suggested that George Sarano, who is an, expert on blasting, look over the houses, but the Chair- man thought it would be better to discuss the matter with with the. Town Counsel first as the more people you have going into the houses the more complaints you are liable to have. Mr. Giroux said that it was not his idea to have Sarano go into the houses, but to look over the site of the blasting and give his opinion as to the possible damages resulting to the houses in Arlington. Mr. Potter moved that the matter be discussed *ith Mr., Wrightington next week. Mr. Ross seconded the motion and it was so voted. 165 Hearing Pub. Works Building. Bieren ' s insurance. Blasting damages. 166 Mr. Raymond informed the Board that he had re- ceived a letter from one of the Trustees of the Morash Morash Trust Trust requesting that a water main be installed in request for Allen Street to their property as a W.P.A. project. water. He wants to have the water installed without paying betterments. Mr. Raymond said that if the work was done as a W.P.A. project someone would have to buy the materials and the Chairman said that the Morash Trust would have to pay betterments anyway. Mr.- Giroux moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he•did not see how he could Call men on approve of the Highway Department key men being subject Highway to leave whenever the, fire alarm blew. He said that Department. the Fire Department had 35 or 40 call men in Town and that only four or five of them were town employees. He did not think that their not going would seriously handicap the Fire Department. He suggested that Chief Taylor have a Hig1w ay Dept. call if he needed experienced firemen on any particular occasion.. He said that they did have such a call in some cities and towns. The Board decided to request Chief Taylor to attend the meeting next week and discuss the matter with them. Mr. Raymond asked if the Board would approve sub- ' mitting a supplementary W.P.A. project at Clematis Brook, Clematis He said that when he took over the job of W.P.A. Brook Sponsor's Agent, he changed the grade at Waltham Street project. and when the work is done -there,, it will benefit the area and this change made the amount of excavation greater. The supplementary project will be for Clematis Brook drainage from Moreland Avenue to Waltham Street with pipes at Stectnan Road and other farm toads, Mr. Giroux moved that the supplementary project be submitted. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that the night watchmen at the Public Works Building had raised the question as to whether or not they were going to be paid for Thanks - W n at giving and Christmas. They regeive $20. per week and Pub. Works last year they received their weekly salaries and also 'Building. were put on the payroll for Thanksgiving and Christmas. It would cost $17.50 to take care of the watchmen for both days. They feel entitled to extra pay inasmuch as all the other men get paid and do not work and they have to put in their time. There is only $12.45 available in the Public Works Building Labor account. Mr. Giroux moved that the men be paid extra for these holidays. Mr. Potter seconded the mot ion and it , was so voted. Mr. Giroux reported that he had talked with Jack ' Rudd on the matter of traffic lights at Merriam Street, and Rudd suggested that the Town try an experiment of a blinking light in the middle of Mass. Avenue at Merriam Street, Mr. Clark asked Mr. Raymond if he had made a study of the parking situation in that vicinity and Mr. Ray- mond said that he had and he felt that there should be parallel parking on both sides of Mass. Avenue from Depot Park to Merriam Street but that he had asked the State Dept. of Public Works to make that recommendation. He expected to have a reply by the end of the week so the matter was held over until next Tuesday's meeting. 167 Traffic at Merriam St and Mass. Avenue Mr. Ross requested Mr. Raymond to have the Town Engineer check up on the street lines, size of lots, etc. Johnson in the Johnson development to see if Johnson was conform- property ing to Town rules and regulations. Mr. Clark asked if the Collector, Byron C. Earle, Chairman said that the Town Tuesday and that the matter then, bond on the late Tax covered his tax titles. The Bond Counsel w as coming in next covering could be discussed with him tax titles. ' Letter was received from Elizabeth M. Sullivan of 82 Waltham Street submitting a claim of $200.00 for alleged damages received on Waltham Street on October 26th, 1936, Miss Sullivan stated that as a result of Sullivan the accident she was forced to be absent from work and claim, was put to additional expense for doctor's bills, repair of watch, replacement of shoes, stockings, and the purchase of bandages, etc. Mr..Potter moved that the matter be turned over to the Town Counsel. Air. Clark seconded the motion and it was so voted. Letter was redeived from Judge Pierre A. Northrup stating that he believed the Board had taken the proper position in the matter of the Barnes' request for per- mission to lease the property at 1557 Mass. Avenue. Judge Northrup advised Mr. Barnes that since there was. Barnes a possibility of the Town taking the property, any property. lease given to any tenant should contain a clause to the effect that if the Town of Lexington acquires title to said property, the lease is immediately terminated. This provision would leave the Town free to make a new lease with the tenant upon its own terms and conditions or would enable the Town to take immediate possession of the property if it so desired. ' Application was redeived from property owners on Robbins Road requesting that an estimate of the cost of Robbins constructing that street from Locust Avenue to its Road, southerly end be made. Mr. Ross moved that the Supt. Cadario case. Cadario case. of Public Works be requested to make such an estimate. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel stating that Mr. Cadario had given him a pledge agreement and bank book showing a deposit of $1,000, and stated that Cadario had signed a letter about spending $150. a year on the property. Mr. Wrightington said that he had received no instructions about collecting any costs of the contempt proceedings from him and had therefor made no provision for it. He wished to be instructed if the town wished to be reimbursed for that. He enclosed a form of letter which the Century Indemnity Co. wished him to sign and send to them which in substance would release them from any liability under the existing bond. If he was instructed to sign it, the Town would be taking the position that up to date everything required by the bomd had beez►rperformed. He wanted to know whether or not he should sign the letter. In addition to the pledge agreement and bank book, he said that a general release of the individual selectmen of all claims filed by the plaintiffs would be signed and forwarded to the Board. The Chairman stated that the court costs in the contempt proceedings amounted to $19.00 and the Town Counsel's -fee for defending the case amounted to $50. He asked what the intention of the Board was when it voted to charge the plaintiff "the cost of contempt proceedings". Mr. Giroux moved that the Town Counsel be advised that it was the intention of the Board that the plaintiffs were to pay his fee as well as the court costs. Mr. Clark seconded the motion and it was so voted. Mr. Ross voted in opposition to the matter. Mr. Giroux said that it was his belief that the original bond was not to be released until the new agree- ment had been executed and he moved that the Chairman advise the Torn Counsel of the Board's understanding in the matter. Mr. Potter seconded the motion and it was so voted. Mr. Giroux moved that the Board of Selectmen, acting As the Board of Survey, abandon the layout of the so- called Blake Avenue leading from Edgewood Road south- erly as shown upon a plan dated November 3rd, 1925 and approved by the Board of Survey on that date. Mr. Potter seconded the motion and it was so voted. Mr. Clark then moved that the Board of Selectmen acting as the Board of Survey, approve the layout of a proposed road leading from the intersection of Edgewood Road a distance of approximately 300 feet southerly as shown upon a plan entitled "Plan of proposed road, Lexington, Mass., Dec. 8, 1936, Schle 1 in. - 40 ft*, John T. Cosgrove, Town Engineer"A Mr. Giroux seconded the motion and it was so voted. fl fJ 1 169 Mr. Clark then moved that the Board of Selectmen, acting as the Board of Survey, approve the extension ' of the so-called Blake Ave4ue from the Goodwin property line a distance of 214 feet southerly which connects with the so-called Patriot's Drive approved on Nov. 91, 1936. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Town Counsel regard- ing proposed settlement of the land damage cases of Smith vs. Lexington as part of a purchase of land from George T. Smith. There are two cases pending against the town, one brought by Harriet W. Smith and another by Harriet W. Smith and George D. Smith and Minnie Smith Adelia Dee. The Board asked Mr. Wrightington to advise property it as to what the liability of the town might be if and suits. these cases were tried. He said that there was no doubt that the town made a taking of land belonging to these parties and that -they or their mortgagees were entitled to some compensation* He said it was his understanding that the way was laid out on the site of the old private way and various deeds in the history of the title intimate that the Smiths. conveyed lots abutting on that way with a right of way over it so that they could have made no use of the land taken except for purposes of a way. if this is the fact, and there was no substantial widening of the old private way, it would seem that there was no real damage. Mr. Wrightington said that he had never retained a real estate expert to testify in these cases because a settlement had so long seemed imminent. He thought that any settlement made should include a release of damages with respect to both lots from all three of the Smith family and also be executed by the Lexington Trust Co. and any other mortgagee who has a mortgage on any of the lots and abatement of betterments by the Town and settlement of taxes. Mr. Giroux moved that the matter be left in the hands of the Chairman to dispose of. Mr. Clark seconded the motion and it was s -o voted. Letter was received from the Boston Dispensary relative to Helena Cuccinello. This girl is in need of glasses and the Dispensary wanted to know if the Board of Health would be responsible for the cost of the same Glasses. which would be $4.75. Mr. Giroux stated that the Lion's Club had raised a fund for the purchase of glasses for the needy and he moved that the Lion's Club be contacted with reference to the matter. Mr. Ross seconded the motion and it.,was so voted. eFred Spellenberg, retired, of 494 Lowell Street was the juror drawn for the civil session beginning Monday, Jurors January 4, 1937, and Bertram F. Whipple, bank clerk, of 9 Chase Avenue was the juror drawn for the criminal session beginning Monday, January 11, 1937. 170 �c Balmer Application for the admission of Robert J. Balmer T.B. case. of Fletcher Avenue to the Middlesex Co. Sanatorium was signed by the Board. ' The following commitments were signed: Commitments. Water and Sewer house connections - 096.87 Sewer betterment assessments - 490.40 Water miscellaneous charges - 41.88 Mr. Giroux advised the Board that Mrs. Steele Lindsay had called him and said that the Florence Crittendon League had requested the use of the upstadrs Use of committee room in Cary Hall one day a week for a social room, worker who will come from Boston. Mr. Giroux moved that the use of the room be gran ted and that Mrs. Lindsay be requested to confer with Miss Eastman so that the use of the room by the League will not conflict with the Public Health Association's use of it. Mr. Potter seconded the motion and it was so voted. Upon motion of Mrs. Ross, seconded by Mr. Giroux, the following licenses were granted: Edgar J. Thivierge, 17'52ihss.Ave. Liquor, Druggists? Andon Grigor (Lexington Fruit) - 1740 Mass. Ave. - Beer and wine . Ernest C. Martin, 1793 Mass. Ave. - Liquor, Druggists' Max Berman, 12 Mass. Avenfle - All alcoholic ' Hattie E. A. Peckham, 37 Hancock St. -Common Victualler Licenses. Calvin W. Childs, 409 Mass. Ave. - Methyl Alcohol Town Paint & Supply Co., 1749 Mass. Ave.- " Anselm C. Mullin, 301 Mass. Ave. - " Newcomb & Dai ]Ie„„��, 34 Bedford St. - " %0/41 F. KJohnson, Bedford St. .;I " Calvin W. Childs, 409 Mass. Ave. - Agts. License -Class 1. Mrs. George S. MacAlpine, 50 Percy Rd. - Innholders' Mrs. Mary G. Mullen, 283 Mass. Avenue - " John A. Sellars,.430 Concord Avenue- Past. of Milk H. L. Tyler, 27 Maple Street Mr. Morse discussed welfare matters with the Board. The meeting adjourned at 10:15 P.M. A true record, Attest: . Clerk