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HomeMy WebLinkAbout1936-12-15SELECTMEN+S MEETING DEC. 150 1936. A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, at 7:30 P.M Chairman Ferguson, Messrs, Potter, Giroux and Ross were present. The Clerk was also present. At 7:40 P.M. hearing was declared open on the petition of the Edison Elec. I11. Co, and the New England Tel. and Tel. Co. for a joint location of 22 poles on Bow Street, Mr. William Aquaro and Dion DeMatties appeared at the hearing. Mr. Aquaro said that he was acting as interpreter for Mr. DeMatties and they did not wish to object to the location but merely to find out whether or not new poles were to be erected. The Chairman said that no new pales were to be erected and they retired. Mr. Ross moved that the petition be granted. Mr. Potter seconded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the application of Robert Merriam for permission to maintain a two car garage at 12 Merriam Street. Mr. Walter Black appeared and presented plan of the proposed garage. No persons appeared,in opposition. Mr. Potter moved that the permit he granted subject to the approval of the Building Inspector. Mr. Giroux seconded the motion and it was so voted. At 8:10 P.M. hearing was declared open on the application of Robert Merriam for permission to maintain a two car garage at 10 Merriam Street. Mr. Walter Black appeared and presented plan of the proposed garage. No persons appeared in opposition. Mr. Potter 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 Anselm C. Mullen thanking the Board for courtesies extended to him. 171 Pole location hear in g . Merriam garage hearing. Merriam garage hearing. Letter of thanks. Licenses Upon motion of Mr. Ross, seconded by Mr. Potter, the following licenses were granted: D. F. Ross -1795 Mass. Ave. - First Class Agent's F. K. Johnson Ll .59/41 Bedford St. - " " Arthur B. Field'- 851,Mass. Ave. - M. J. Aruda, 329 Mass Avenue Methyl Alcohol ' R. J. Davis, 1095 Mass. Avenue tt tt Mary F. Jaynes, 1840 Mass. Ave. -- Common Victualler's Smith Bell Farm, 384 Bedford St. The Old House, 271 Marrett Road H, J. Seiler Co., Pleasant St. - tt " 171 Pole location hear in g . Merriam garage hearing. Merriam garage hearing. Letter of thanks. Licenses 172 Mike & Christy Hallos, 1715 Mass. Ave. -Common Victualler -'s John J. Rudd, 1845-1849 Dass. Ave. - Package Goods Store ' Joseph Trani,, 1037 Mass. Avenue Mary A. Rowland, 150 Lowel Street - Common Victualler's The Board certified Highway Betterment Assessments for Richard Road as follows; Richard Road. Richard Bill No. Name Frontage Amount Road. 567 Chas. F, & Esther N. Mitchell 80,65 ft. $310,43 568 James R. Smith 80.00 308.00 60.6 §618.43 The Board certified Highway Betterment Assessments .for Tower Road as follows: Tower Road. Bill No, Name Frontage Amount 581 James R. Smith 97.56 ft. $375.61 Tower Road. 582 Otis H. Perry 96.79 372.64 583- Priscilla L. Hederstedt 103 396,55 584 James R. Smith 86 331.10 585 Lincoln C. & Anna Grush 75 288.75 586 John T, & Gertrude M. Cosgfove 108.81 418.92 ' 587 Marion V. Arnold 112.15 431,78 The Board certified Highway Betterment Assessments for Plymouth Road as follows; Plymouth Road. Bill No, Name. Frontage Aliount j 569 John V. & Margaret C. Fannon 120.08 ft, $462931 570 CW Chase Flanders 95,00 365,75 Plymouth 571 Helen & Agnes E, Harvie 95.00 565.75 Road. 572 J. Milton & Lillian M. Brown 100.00 385.00 573 James R. Smith 91.50 352.58 574 Harold S. & Virginia D, 100,00 385.00 Liddiak 575 Carl M, & Ann F. Neilsen 121.14 466.59 576 Madd.line F. Simmons 80,00 308.00 577 Arthur C. Smith 80.00 308,00 578 George E. Ham 80.00 308.00 579 Helen H. Hager 85,75 330,14 580 James R, Smith 119,71 460.88 11668,18 $44`9` Extra work Lincoln St. Order for extra work on Lincoln the amount of $24.80 was signed by Street in the Board, 1935 in ' ' A memorandum was received from the Town Accountant stating that in checking a statement rendered by the Lexington Townsman, Inc., he found that a payment of $27.00 made by the Selectmen's Dept. was credited to a charge against the Registrars of Voters for advertising. The Lexington Townsman, Inc. has now corrected its records and has submitted a duplicate bill covering the charge of $27.00 against the Registrars of Voters. The bill has been approved by Mr. Carroll as Clerk of the Board of Registrars and he suggested that the Board request the Appropriation Committee to transfer the sum of $26.46 from the Reserve Fund to pay the bill inasmuch as the Registrars of Voters have no funds. This amount of 26.46 will provide for the payment of the charge of 27.00 less 2% discount of $.54. Mr. Ross moved that the Selectmen request the Appropriation Committee for a transfer of $26.46 from the Reserve Fund to pay the bill. Mr. Potter seconded the motion and it was so voted. Letter was received from R. H. Stevens stating that he would start in January to make payments of $50.00 per month on his outstanding water guaranty account until the whole bill was paid in full. Mr. Potter moved that Mr. Stevens' offer be accepted. Mr. Ross seconded the motion and it was so ' voted. Letter was received from the Town Counsel stating that he had received a letter from the Attorney for Dr. Slingsby stating that if he was allowed to remain at 1963 Mass. Ave. and practice dentistry there until April 1st, 1937, he would not claim any appeal to the Supreme Court from the decision of the Superior Court ordering him to terminate the use of the premises for that purpose. Mr. Wrightington recommended that the Selectmen authorize him to make the proposed agreement. Mr. Potter moved that Mr. Wrightington's recommend- ation be approved. Mr. Ross seconded the motion and it was so voted. 173 Reg. of voters bill of $27.00. Stevens water guaranty. Slingsby case. Letter was received from the Town Counsel stating that on November 3rd he wrote Elizabeth Sullivan asking Sullivan her to let him know the amount for which she would claim. settle her claim and had received no reply so he assumed that her letter to the Board of December 1st was intended as a reply. Mr. Wrightington said he would take the matter up with Miss Sullivan and ask her for further details. ' Letter was received from one G. L. Horton stating that on December 11th his car was run into on Bay State Road, Boston, by a car driven by Mr. Edward W. Taylor, registration #M1027. Mr. Horton said that Mr. Taylor 174 Taylor accident and insurance on car, stated that he was a Police Officer in the Town of Lexington and he said that he had checked up on the Police Force and found that there was no such party on it. Mr. Horton said that the damage to his car was very slight and probably would not cost over $4. or $5. for repairs. Mr. Horton said that hew as parked on Lay State Road and started to move along toward Beacon Hill and probably was not out from the curbing over four or five inches, when the car driven by Mr. Taylor went by him at a speed of forty or fifty miles per hour. Mr. Taylor's rear fender caught in Horton's bumper and the fender was ripped off. Mr. Horton asked if he might hear from the Board with reference to paying the damages to his car and also why Mr. Taylor represented himself to be a Police Officer in the Town of Lexington. The Town Counsel and Mr. Taylor appeared, and the Chairman read the letter to them. Mr. Wrightington recommended that the claim for damages be paid. The title to Mr. Taylor's car is in the Town of Lexington although Mr. Taylor paid for it. The Town pays the insurance. At one time Mr. Taylor paid for his own insurance and used his car going to and from fires. The insurance company informed him that they would not insure him while he was going to and coming from fires, but would cover him when he was using the car on private affairs. He went up to the Registry of Deeds and the Registrar recommended that he have a set of M plates. For a while he had two sets of plates and used to slip on the M plates when hew as going to a fire but that did not work out satisfactorily. It was later decided to use the M plates all the time. Mr. Taylor ad -id that he would be willing to pay the difference in the cost of insuring the car with M plates and what it would cost him if he insured the car as a private citizen. Mr. Taylor now receives an allowance for his car and he suggested that this amount be reduced by the amount which the Town has to pay to insure the car. Mr. Wrightington suggested that when the matter was worked out that the whole thing be put in writing so that future Boards would know why the Town was pay- ing the insurance. Mr. Wrightington thought that the payment of insurance by the Town should begin with January 1, 1937. Letter was received from Helen M. Webster advising that 11lr. E. F. Scheibe would give to the Lexington Triangle at Field and Garden Club, the small triangular piece of Five Forks. land at the entrance to Marrett Road and Lincoln Street if the Club would agree to take care of it properly, Mrs. Webster said that the Club would probably accept the gift and comply with Mr. Scheibe's conditions if there could be assurance fPom the Town that the land would be exempt from all town taxes. The Chairman stated that the Selectmen had no jurisdiction over 1 n 175 ' taxation but asked what the feeling of the Board was in regard to the matter. It was the feeling of the Board that it would be of benefit to the Town if the Field and Garden Club accepted the gift provided the Board of Assessors could abate the taxes legally. Letter was received from Allen W. Rucker stating that the Committee appointed to investigate the ad- Committee ministration of Public Welfare expected to submit its on -report to the Selectmen the latter part of this week Welfare or the first of next: Chief Taylor of the Fire Department appeared be- fore the Board with Mr. Raymond. The Chairman stated that the Supt. of Public Works did not feel that the Highway Department men should be subject to call during working hours and that he had suggested that a special alarm be used for extraordinary fires when Highway Department men might be needed. Mr. Raymond did not think it practical to allow Highway Department employees to be call men as he thought it would interfere with the efficiency of the Town's work. Chief Taylor said that he could understand how Mr. Raymond felt about the matter. He wondered whether the possibility of time lost by the Highway Dept, men out- weighed the value of the men in time of emergency. However, he stated that he wanted to do whatever the Board thought best. The Chairman asked him if he thought it would be possible to have a special alarm. Chief Taylor said that they were pretty well loaded up with signals and he thought that a special alarm would complicate matters. Mr. Raymond said that the men who were call firemen were very valuable to his department. The matter was left to Mr. Raymond and Chief Taylor to work out together. The Town Counsel appeared before the Board. The Chairman said that the question had arisen as to whether or not the Town would have any claim on the bond carried on the late Byron C. Earle because of defective tax titles. Mr. Giroux stated that although none of the members of the Board wanted to do injury to Mr. Earle through his wife, he wondered if under their oath of office, the Selectmen had any alternative other than to sue. The Town Counsel stated that if there was actual negligence and this was covered by the bond, that it might be construed that it was the Board's duty to sue. He said that he ought to look at the Probate Records to find out if it was too late to sue the Surety Company ' and if it was, nothing could be done. It was decided to leave the matter with the Town Counsel to investigate and advise the Board as to whether or not the Board had any rights in the matter. Highway Dept. men as call f icemen. Bond of tax collector 176 McCaffrey claim. C-10 Letter was received from Francis E. Burke stating ' that Mary F. McCaffrey of Lincoln Street had consulted him on the matter of damages to her property resulting from the widening of that street. Mr. Burke said that before taking any action on the matter he would like the Board to pass upon the settlement of some and he would hold it in abeyance for the Board's reply. Mr. Giroux moved that the matter be turned over to Mr. Raymond to determine if there was an actual taking made and to discuss the matter with Mr. Burke. Mr. Potter seconded the motion and it was so voted. The Board discussed with the Town Counsel the matter of damages resulting from blasting on Mill Brook. The Chairman informed'Mr. Wrightington that it was the fee- ing of the Board that if the Town was too willing to settle, that therewould be many more ellims received and if a great many claims were received, it might be 1 1 The Chairman informed the Board that the Clerk had reported that a question had arisen as to whether or not Licenses the Town had the right to issue any licenses for the for wines sale of wines and malt beverages. The Clerk had talked and malt with the Alcoholic Beverages Control Commission and was beverages. advised that the Town did not have this right in view of the action taken by the voters at the last election. In view of the uncertainty of the matter, it was thought best to rescind the vote of last week approving the application of the Lexington Fruit Co., Inc. for a license to sell wines and malt beverages at 1740 Mass. Avenue. Mr. Giroux moved that the vote of last week approving a license for the Lexington Fruit Co., Inca to sell wines and malt beverages at 1740 Mass. Avenue be rescinded. Mr. Potter seconded the motion and it was so voted. The Board discussed the case of Smith vs. the Town of Lexington with the Town Counsel. The Chairman informed Mr. Wrightington that what the Bea#d was interested in was the amount of money it would cost the Town to fight the case if it went to trial. He said that if it would cost three or four hundred dollars to fight it and the Town then paid $1,000. for the Smith land, it might be better to recommend that the Town suit. purchase it for $1500, or so. Mr. Wrightington said that the greatest expense would be expert testimony and he thought it would be necessary to allow a couple of hundred dollars for this. Mr. Wrightington suggested that the Chairman ask Mr. Smith if he would settle both cases and get the mortgagees to sign releases if the Town would pay the sum of $1500. for the land. The Chairman requested Mr. Raymond to discuss these matters with Mr. Smith and advise the Board. The Board discussed with the Town Counsel the matter of damages resulting from blasting on Mill Brook. The Chairman informed'Mr. Wrightington that it was the fee- ing of the Board that if the Town was too willing to settle, that therewould be many more ellims received and if a great many claims were received, it might be 1 1 better to let the people bring suit. Mr. Wrightington said that the facts in each case would be different. Mr. Raymond said that all the houses were.from 1100 to 1600 feet away from the scene of the blast. He said that he had nine claims and six of them were reasonable and these totalled $231, but he felt that the larger claims were unreasonable. The Chairman said that it was the feeling of the Board that if it did not do anything and the people brought suit, it would be time then to think about settling. Mr. Wrightington said that it was his instinct first to settle, but whether they have got to an amount where it would be better to fight, is ,just a guess. Mr. Raymond said that.three of the claims amount to 0801.00 and Higgins' estimate for these three claims amounts to $277.00 and in all other cases his estimate was higher than the claims. It was decided that Mr. Raymond was to go down and talk to the people to see what they would settle for and then the Board.could decide whether it would be better to compromise or to allow the people to sue. Mr. Raymond stated that he talked with Mr. Wright- ington about Brown Brook and the latter thought that t1,2 ' appropriation for Public Works Labor and Materials could be construed to be an appropriation for Brown Brook and on account of this fact he felt that easements could be requested. Mr. Raymond said that he had talked the matter over with the Town Accountant and he felt the same way. Mr. Wrightington discussed with Mr. Raymond the pro- visions that he should make in the easements.and suggested that he be allowed to look them over before signatures were obtained. The Town Counsel read a letter from Warren E. Kilham, Jr., stating that his clients, Brousseau, Cadario and the General Construction Co., were willing to pay the $150. in the coming year for the improvement of the property in addition to the improvements already provided for in the bond now on file and were willing to pay the costs of contempt proceedings but were not willing to pay the counsel's fee. Mr. Giroux moved that the vote passed last week stand and that the defendants pay the counselts fee. Mr. Potter seconded the motion and it was so voted. 'Mr. Raymond informed the Board that one watchman at the Public Works Building worked twelve hours on Thanksgiving Day. He said he should have worked only ' four hours and Mr. Raymond thought he was entitled to his Thanksgivildg Day's pay. The Board agreed that this man and the other two watchmen should receive pay for Thanksgiving and Christmas the same as other Town 177 Bla st ing damages,. Mill Brook Brown Brook. Brousseau case. Pay for watchmen. 178 employees. Mr. Raymond said that he planned to give tbs three men a dayls pay, one each from the Water Mainten- ance, Highway and Park Department appropriations. Mr. Raymond remarked that he had received a com- 'Independence plaint regarding the drainage in Inddpendence Avenue. Avenue He said that he thought the thing to do was for the drainage. Board to refer to his recommendations on drainage. He said that Independence Avenue in the unaccepted portion was in very bad shape. The Chairman said that the matter would be discussed when the Board was considering budgets. Mr. Raymond reported that the Supt. of the Park Division thought that the Ash tree at the westerly end of the drive in front of St. Brigid's Church was Removal of dangerous and should be removed. He said that if a Ash tree. tree is considered dangerous, it is not necessary to have a hearing. Mr. Raymond said that he looked at the tree about two months ago and he thought then that it should come down. Mr. Giroux moved that the Supt. of Public Works be authorized to remove the Ash tree at the westerly end of the drive in front of St. Brigid's Church because it is in a dangerous condition. Mr. Ross seconded the motion, and it was so voted. Mr. Ross asked Mr. Raymond to see what could be done about draining the water which collected in the r 'D ainage. driveway and the street in front of St. Brigid s Church. The Chairman told Mr. Raymond that he had received a complaint from Converse Hill that the water came down from Mass. Avenue and Mrs. Kimball's driveway and wabhed out the sidewalk in front of his house, and he wondered if something could be done about it. He asked Mr. Raymond to look into the matter. Mr. Raymond said that he thought he had asked some Exchange time ago for approval of the exchange of an eight foot of snow snow plow for a nine foot snow plow at.a cost not to plows. exceed $175.00, but that the records show that he had not requested it. Mr. Potter moved that the exchange be approved and that the expense incurred be charged to the Snow Removal appropriation. Mr. Ross seconded the motion and it was so voted. W.P.A. Mr. Raymond asked approval of a supplementary W.P.A. project - project to finish the grading and drainage for an en - enclosed closed field at the playground. Mr. Giroux moved that field. the supplementary project be submitted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond discussed the matter of releases for ' work along Clematis Brook. He thought that the Town would be just as liable whether it took easements or not. The Chairman stated that he thought the proper 179 ' thing to do was to take the easements under the same appropriation as the Brown Brook easements, that is the Clematis W.P.Q. Labor and Materials appropriation. Mr. Ross Brook moved that Mr. Raymond proeeed to get the releases if easements. possible, and if not, that he be given authority to take the necessary easements. Mr. Potter seconded the mo.tion and it was so voted. Mr. Potter moved that Mr. Raymond be authorized to have the street lights installed which were voted at Street the Town Meeting held on December 7th. Mr. Ross seconded Lights. the motion, and it was so voted. Mr. Potter moved that the Supt. of Public Works be authorized to purchase a jack for the Public Works Build- ing in accordance with the vote of the Town on December 7th. Mr. Ross seconded the motion and it was so voted. The Supt. of Public Works reported that Mill Brook and the skating rink projects would need a pump soon that was reliable. There is a good pump in the Water Department but Mr. Raymond did not approve using that as it might be needed in an emergency. The pump that is suitable may cost $30. per week for rental and it may be needed for about three weeks. Mr. Raymond thought that it would cost less than $100. for rental. This is for a four foot Jaeger pump owned by Hedge & Mathies. The Chairman suggested that Mr. Raymond get prices on pump rentals from P.I. Perkins and The Equip- ment Company. Mr. R.T mond said that Mr. Williams of the State Dept. of Public Works called at his office and recommended verbally that there be parallel parking in front of the C-entral Block and stated that he would confirm his recommendation. Mr.. Ross moved that the Traffic Rules and Regula- tions be amended so that the diagonal parking on Mass. Avenue in front of the Central Block would be changed to parallel parking, this change not to become effective until after December 26th, 1936. Mr. Potter seconded the motion and it was so voted. Mr. Ross stated that Calvin Childs was going to ask for an extension of a water main in Watertown Street to take care of his property. He requested Mr. Raymond to bring in an estimate of the cost of extending the main from its present end to the Childs' property and an alternative estimate of laying a one and a half inch service pipe from the Borden and Norton main across ' private lands to the property. Purchase of jack. Pump for W.P.A. projects. Parking in front of Central Block. Childs � water extension. ISO c� Mr. Raymond informed the Board that he had received the following bids on a Highway Dept. truck: Dodge without two speed rear end - $1022.00 Purchase of Ford V-8 with " " - 947.52 truck for Chevrolet It n n n ° - 1030.55 Highway International without two speed rear end - 919.62 Dept. International with " " " n - 1005.12 Federal without two speed rear end - 1014.00 Mr. Raymond said that he would recommend the purchase of either the Ford V-8 or the Federal trunk. He said that if he were sure of service, he would recommend the purchase of the Federal truck. Mr. Potter said that he owned four Federal trucks and that you could always get twenty-four hour service seven days a week. Mr. Giroux moved that the Supt. of Public works be authorized to purchase a Federal truck at the price of $1014.00ret. Mr. Potter seconded the motion and it was so voted. Meeting. Mr. Ross moved that the meeting in the third week of January be held on the 18th ---rather than on the 19th. Mr. Giroux seconded the motion and it was so voted. The following bids were received on printing the Annual. Report for the year 1936% ' Firm Bid per Author's Reprints __ag�__ee Corrections. School - Accountant Fleming and Son I.6 . pr.E-7 1" -150 Bids on ?per pg• per pg. " "� Town Garden City Press 3.45 2. $9.00 $16.00 Report. Hampshire Press,Inc. 2.01 2. " " 7.50 11.00 The Jordan & More Press 2.73 2. " " 38.00 115.00 Lexington Townsman, Inc. 1.60 2. " " 15.04 21.00 Melrose Free Press_, 1.78 1.00 .85 Inc. per page.per page. The Memorial Press 2.25 $16.00 $21.50 Somerville Printing .65 .60 Co., Inc. 1.65 per page per page. Mr. Giroux moved that the contract be awarded to the Lexington Townsman, Inc., they being the lowest bidders. Mr. Potter seconded the motion and it was so voted. The Chairman informed the Board that he had talked Oakland St. with the Clerk of the Planning Board relative to the Board Bd. of Sur- of Survey hearing on the proposed extension of Oakland vey layout. Street through to Hancock Street. Mr. Kimball stated , the Planning Board had talked with Mrs. Regan and she had informed the Board that she did not object to the ' layout of the street. It was decided to have the Planning Board come in next Tuesday night to discuss the matter further with them. It was decided to meet next Tuesday, December 22nd, Budgets at 3:30 P.M. to go over the budgets. The Board signed commitment of sewer miscellaneous Commitment charges in the amount of $100.00. The Welfare Agent discussed Welfare matters with Welfare the Board. The meeting adjourned at 10:55 P.M. A true record, Attest: 1 Clerk.