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HomeMy WebLinkAbout1937-03-23 356 SELECTMEN'S MEETING MARCH 23, 1937. ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux. and Ross were present. The Clerk was also present. At 8:00 P.M. hearing was declared open on the appli- Rush cation of J. Quinton Rush for permission to maintain garage a one car garage at 1123 Mass. Avenue. No persons hearing. appeared in favor or 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. At 8 05 P.M. hearing was declared open on the appli- Rush cation of J. Quinton Rush for permission to maintain a garage one car garage at 1115 Mass. Avenue. No persons hearing. appeared in favor or in opposition. Mr. Potter moved that the permit be granted subject tc the approval of the Building Inspector. Mr. Giroux seconded the motion and it was so voted. Letter was received from the American Legion Aux- Permit to iliary #38 requesting permission to operate a booth operate at Depot Square for the sale of hot dogs and tonics on booth April 19th. Mr. Potter moved that the request be granted subject to the approval of the Supt . of Parks. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Town Accountant rel- House Bill ative to House Bill #1204 providing for a tenure of office #1204. of city auditors and town accountants, Mr. Russell re- quested that the Board read over the bill and support it if the Board felt that it had merit. Mr. Potter moved that the matter be held over for one week to give the members an opportunity to read over the bill. Mr. Giroux seconded the motion and it was so voted. Appointment Letter was received from Mr. E. H. Locke accepting accepted his appointment as an associate member of the Board of Appeals. Letter was received from the Welfare Agent relative Police to the assignment of a Police Officer to the Welfare office Officer for for certain investigations. Mr. Mitchell said that he Welfare work.had talked with Mr. Cook of Arlington, who said that he Jdid not know how he could get along without the services of the officer as he was very helpful in many w , s that a civilian investigator could not be. Mr. Mitchell recommended that the Board give consideration to the 357 matter of employing an officer for work in the Welfare Department It was decided to hold the matter over for one week and to have Chief Sullivan and Mr. Mitchell in to discuss the matter with the Board. Invitation was received to attend a testimonial banquet to Selectmen John U. /deserve of Hudson on March Invitation 31st. No action was taken on the matter. Notice was received of a convention of the National Convention Rivers and Harbors Congress to be held April 26th and 27th, in Washington.. No action was taken on the matter . Letter was received from the Board of Assessors stating that liens were recorded at East Cambridge Reg- istry of Deeds against all properties where betterments Releasing had been assessed such as sidewalk, sewer, highway, etc. , liens. regardless of whether or not the betterments had been paid. The letter said that the Assessors had received several complaints from people who thought the liens should be released by the Town when they had been paid in full . He requested the Board' s opinion on the matter. It was decided to write the Town Counsel for his advice. Letter was received from the Town Accountant to which was attabhed bond in the penal sum of $1000.00 issued Bond by the American Surety Co. of N . Y. dated March 15, 1937, on which Howard S. 0. Nichols was principal. The bond covered the position of Treasurer of Trustees of Public Trusts. Mr. Giroux moved that the bond be approved. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel together with draft of article and warrant with respect to an amend- ment to the By-laws with reference to the calling of Town Hours of Meetings for use at the next Town Meeting . Mr. Wrighting- polls ton said that the ohly statutory restriction he found on the discretion that would be given the Board by an amend- ment to the By-law was contained in Statute 1934, Chap- ter 39, Section 5, which says that the polls may be open as early as fifteen minutes before six and shall be opened as early as tvrelve, and shall be kept open four hours . Mr. Wrightington called the Board' s attention to Chapter 77 of the Acts of 1937 permitting absentee voting at Town elections in the manner previously in force for State elections . Mr. Giroux moved that the article to amend the By- laws so that the polls would be open at the discretion of the Board of Selectmen be inserted in the Warrant for the next Town Meeting. Mr. Potter seconded the motion and it was so voted. 358 Cn n Mr. Giroux moved that the following persons be IIappointed as Special Police Officers to serve until April 1st, 1938. Mr. Ross seconded the motion and it was so voted Arthur J. Rocque 41 Grant Street Edward J. Hogan Camb. Water Basin, Lincoln George A. Knight Middlesex Co. Sanatorium Frank Peters n " 11 Chester Ileal n n II Fred Unsworth Old Belfry Club Horace M. Howard Cary Memorial Library John J. Collins Woburn Street Alex Ohlson 88 Bedford Street John J. Garrity 9 Hancock Street John Campbell E.E. I. Co ., Boston Dennis H. Collins Cottage Street Charles A. Manley 67 Woburn Street Special Jacob Raid Pleasant St. & Concord Ave. Police John G. Fitzgerald 20 Bedford Street Charles M. Blake Oakland Street John Fopiano 6i Muzzey Street Leonard Jellis Watd Street Edward W. Taylor 49 No. Hancock Street Charles E. Moloy Webb Street Edward L. Meany Met. State Hospt.in Lexington IIRoland E. Garmon Stone Building Charles Brenton 13 Fletcher Avenue John A. Murray Town Office Bldg. William Davis Met. State Hospital Ralph I. Dale 58 Hancock Street Arthur N. Maddison 15 Winthrop Road Charles E. Ferguson 16 Highland Avenue William G. Potter .Walnut Street Archibald R. Giroux 6 Stratham Road Philip M. Clark 41 Hancock Street Albert A. Ross 200 Waltham Street Mrs. C. H. Cutler and a Mr. Copeland of Concord Avenue appeared before the Board to discuss the matter of brooks. Mrs. Cutler said that the Town was working on Brook on the brook that ran through aneighbors land and one of Cutler the men said that the Town was not going-to do anything property on her land. She said that she had lost a great deal of hay because of the overflow of water from the brook onto her land . She said that she took up the matter with Mr. Scamman two years ago, who suggested that she discuss the matter with the City of Waltham. She did this but no work was ever done. Mrs. Cutler said that there was a lot of rock in the brook that ought to be blasted. II The Chairman asked Mr. Raymond what brook this was 1 359 and he replied that he called it Hardy' s Pond Brook and II that it flowed about 1400 feet down from Waltham Street. He said that the Town had done some work cleaning out the brook and doing a little blasting last week, but that it was maintenance work and not construction work. Mrs . Cutler said that if the Town intended to do any widening of the brook, it should be done on her land. Mr. Raymond said that some time ago there probably was a ditch cut through which came up toward Grassland Street. He said that this brook flows toward Waltham and into Hardy's Pond eventually, except in very wet weather when it flows into a ditch that Mr. Cutler dug and thence into the west . Mrs. Cutler said that she had a very small i piece of land in Waltham and there was stoppage at that end of the brook also. The Chairman said that it would not do any good to do work on the Lexington side if the water flows toward Waltham. He saidhe thought the problem was for Waltham to clean out the brook on their side and that that would probably take care of the situation. Mrs. Cutler said that it would not take care of the situation if more water came from the McCullough land. The Chairman said that the Town did not have any right to divert water from the McCullough land. He also said that the Town did not have any right to go in and do work on brooks on private land. Mr. Raymond said that he thought there were some II pipes in Waltham that were not large enough to take care of the water. the Chairman told Mrs. Cutler that Mr. Cosgrove and Mr . Raymond could look over that portion of the brook within the confines of the Town of Lexington, and if Lexington was to blame, that the town would take care of it. He said that Mrs. Cutler would be advised of any responsibility that the Town might have. Mr. Copeland asked, if, after Messrs. Raymond and Cosgrove found what the facts were and if, in their opinion they thought that Waltham could remedy the sit- uation, the Board would write Waltham and ask them to take care of the matter. The Chairman said that the Board would be glad to be of any assistance it could. They retired. Mr. Raymond read a paragraph from Metcalf and Eddy's Report stating that suitable drainage could not be pro- vided in this area until the way was opened up to Hardy's Pond. The Chairman said that he did not know the Town was doing any work on brooks in this section. Mr. Raymond said that he received a complaint from Lima and he walked the brook from the State Highway to Concord Avenue. He found an obstruction and also found that the water was about two feet above the top of the culvert at the new highway. He instructed Mr. .eaxton to remove the ob- ' struction which he did and realizing that this was only a temporary job, he did some blasting which widened the brook for about 100 feet and in doing so, damaged a house. Mr. Raymond said that the brook in question took the water 360 off the new highway and Waltham Street. The Chairman requested Mr. Raymond to make a report on the matter and contact Waltham to see if that city intended to do anything on the brook. Letter was received from the Supt . of Public Works relative to the burning of rubbish which contained a Town notice to be printed in the local paper, as follows TOWN NOTICE. During the past few years, it has been the custom for many of the townspeople to clean their yards and burn the debris in the gutters of the street . Often the ashes have not been cleaned up and sometimes damage to bituminus pavements has resulted. Your attention is called to the following regulations :- General By-Laws, Town of Lexington 1935, Article XXIV. Section 45 "No person, without lawful authority so to do, shall throw, sweep, place or drop and suffer to remain Burining on any street or public place, any ashes, earth, garbage , Rubbish rubbish, litter, manure, or any noxious or refuse liquid or solid substance, or any glass, nails, tacks, scrap iron or similar articles." General Laws of Massachusetts, Chapter 48. Section 13 "No person shall set, maintain or increase a fire in the open air at any time unless the ground is sub- stantially covered with snow, except by written permission, covering a period not exceeding ten days from the date thereof, granted by the forest warden or chief of the fire department in cities and townsor in cities having such an official, the fire commissioner; provided, that debris from fields, gardens and orchards, and leaves and rubbish from yards, may be burned on ploughed fields by the owners thereof, their agents or lessees, if such fire is at least two hundred feet distant from any sprout or forest land and at least fifty feet distant from any building and is properly attended until extinguished,---- -- Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one month, or both" . The Board of Selectmen of Lexington designate the period of May 4th to 9th inclusive as "Clean-Up Week", and requests the townspeople to clean up their property and to comply with the above regulations. 361 The Chairman suggested that the regulation be inserted in the local paper. Mr. Giroux moved that the Chairman's suggestion be approved. Mr. Potter seconded the motion and it was so voted. Letter was received from the Supt . of Public Works in whichhe recommended that revisions be made in the Water Department regulations as follows: Regulation #2 - Paragraph 3. The last sentence should read: "When the work is completed and the cost determined, the applicant shall pay for any excess cost of the work a- bove the estimated cost, or if the actual cost is less then the estimated cost the difference will be re- funded to the applicant" . Regulation #2 - Insert the following paragraph at the end of Regulation #2. The owners of the premises shall in all cases keep in repair the service pipe on his property and on Town property between the building and the curb cock. If Water this regulation is not complied with, the water will Dept. be shut off.n Regulations Regulation #6 - Should be revised to read as follows: "The Town shall not be liable for lack of water or damages caused as a result of the interruption of the water supply for any reason whatever, such as the opening of fire hydrants or a break in a main or by shutting off water in a main to make extensions, connections or repairs, or for any other reason found necessary." Mr. Giroux moved that the revisions be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had written four or five letters to Miss Grimes in the Boston W.P.A. office ex- plaining what the Town wanted to do on the water meter W.P.A. project. Miss Grimes informed Mr. Raymond that the water meter project was reliurned from the Co-ordinating Division project. because the W.P.A. authorities did not approve pro- jects requiring W.P.A. employees to make contacts with private individuals. Mr. Raymond informed the author- ities that the W.P.A. employees would not make the contact but would accompany the town employee and would make the notes at the same time the Town employee was reading the meter. The W.P.A. authorities replied that they did not see any reason why the Town employee could not make the notes as well as the W.P.A. employee. Mr. Raymond felt that he could not get the project approved and said that the town was making about 300 meter replace- ments each year anyway and the records of those changes 362 c could be kept and thus in ten years a full record would be available. Mr. Giroux moved that the water meter project be abandoned. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that Mr. Ross talked to Anderson of Lee Avenue about repairing his service and Anderson Anderson asked for a little time so that he could go to water the State House on the matter. Mr. Raymond said that the service main could be extended at a cost of about $400.00 and the betterments would amount to about $120.00. Mr. Potter moved that the Supt . of Public Works be instructed to install a meter at the curb line. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond reported that Robert Merriam requested him to ask the Board if the Town would do the field engineering in connection with the construction of li Work on Patriots Drive and the installation of water, sewer, Patriots drainage, etc. The Chairman said he thought the Board Drive could authorize the work if Merriam would pay for it. Mr. Raymond said that this involved the inspection of the work also. The Chairman suggested that Mr. Raymond discuss the matter with Mr. Wrightington. Mr. Giroux moved that Mr. Merriam be allowed to have the engineering services and that he reimburse the Town for the work provided the Town Counsel said that it was all right. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he presumed the water main would be installed in Patriots Drive provided Mr. Merriam would agree to pay the betterment assessment . It will require an extension of approximately 700 feet. The Chairman said that only a certain amount of money was Water in requested for water construction, sundry streets, and Patriots that it was to take care of staall jobs only and if they Drive did a job of this size, there would be no money left for small extensions He said that it had always been the custom to have a special article in the warrant for an extension of this size. Mr. Raymond asked if Mr. Merriam would be reimbursed if he installed the main himself and the Chairman replied that he could be if the Town. Meeting voted it. Mr. Raymond said that Mr. Merriam wanted to put the water and sewer in the same trench and thought that if he could get the town to put the water in on an assessment basis, the Town could dig the trench and then he could have his contractor lay the sewer and drain. The Board felt that it would be best for Mr. Merriam to install the utilities himself. 363 Notice was received from the State Dept . of Public c Works on an application received from the F. H. Birch Co. for a permit to, erect a billboard on the northerly side of the Boston-Concord Road (Marrett Road) Route 2A, nearly rear of State marker 123 plus 47L, and 400 feet west of Lincoln Road. The notice said that the billboard was now standing. Mr . Raymond reported that the bill- Billboard - board was not-there now and he said that the location of the old billboard was outside of the C.l District. Mr. Giroux moved that the Board disapprove the granting of the permit and that the Town Counsel be notified of said disapproval. Mr. Potter seconded the motion and it was so voted. Mr. Giroux remarked that this was the billboard which Mr. George B . Saran had requested the Selectmen to dis- approve. Commitment of water miscellaneous charges in the amount of $17.00 and commitment of water guarantees in Commitments the amount of $1519.21 were signed by the Board. Mr. Raymond said that he had furnished the Town Counsel with all the information he could about the bridge over Clematis Brook giving access to Mrs. Cutler's land. Mr. Wrightington said he thought that Cutler the Town should restore the bridge or reimburse Mrs. Bridge. Cutler. Mr. Raymond thought that Mrs. Cutler would agree to signing a release if she could have access to the property. The Chairman suggested that Mr. Ray- mond talk to her and see what she would be willing to do. Mr. Raymond said that Mrs. Cutler could get into her lot now from Pleasant Street through old Green Lane. Mr. Raymond said that Mrs. McDonnell of 28 Vine Street had made application for a sewer service and in order to serve her, it will be necessary to extend the sewer about 125 feet. Mrs. McDonnell and Miss Mary Vine Street Reardon would be the only ones assessed. The McDonnell Sewer assessment would amount to approximately $245.00 and the Reardon assessment would amount to approximately $180.00. The estimated cost of the extension, including the con- struction of a manhole, is $450.00. Mr. Ross moved that the extension be made. Mr. Potter seconded the motion and it was so voted. The following bids were received on a Hough Street Sweeper: Dyar Sales & Machinery Co.-F.O.B . New Bolstein,Wis.-$1150. Acme Powern n n Q Company - - 1150. Street Good Roads '"achinery Co. - " ►r n n - 1025. Sweeper Clark-Wilcox Company - Delivered in Lexington - 1015. 364 x Mr. Raymond recommended that the low bid be accepted. Mr. Ross moved that the sweeper be purchased from the Clark-Wilcox Co. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that prices were rising rapidly Copper and he would like to put in his order for copper tubing tubing now, Mr. Ross moved that Mr. Raymond place his order for the years' requirements on copper tubing as soon as possible. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that four foot bridges would be needed at the Minute-Man Golf Club property and one Bridges would be needed at Stedman Road for the School property, needed and he said that he had assumed the responsibility of putting Mr. Doherty to work building one of the bridges at the rate of $.70 per hour, this being charged to Public Works, Labor and Materials. Mr . Ross moved that Mr. Raymond's action be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that it would take about $500. to complete the 1936 contract for Lincoln Street . The estimate for 1935 shows the Town about $500. short Lincoln mainly because the allowance for loam was not large Street enough and because the allotment was reduced. The Chairman said he thought the Town should make sure that it was not going to overrun its 1936 contract before authorizing any more work to be dohe, such as a gravel sidewalk. Mr. Raymond estimated that this sidewalk would cost about $625.00. No action was taken on the matter. Letter was received from the Supt. of the Park Division recommending that the power sprayer be pur- chased at this time. Mr . Garrity asked for $600. for Sprayer the purchase of this sprayer but since making up this budget, prices have advanced and the sprayer he now has. in mind costs $755.00. He had in mind the Arlington Model, S.T. 25 but if he is to keep within his $600. requested, he will have to purchase the Arlington Model W.U. 36 . The Board felt that Mr . Garrity should stay within the amount approved for this purchase in the budget. Mr. Raymond wanted to know if he should proceed to Childs get an easement from George Norton and install the water water service for the Childs pro,.erty. Mr. Potter aoved that service. he proceed with the work. Mr. Ross seconded the motion and it was so voted. Mr. Raymond asked about placing the order for drain pipe inasmuch as the price had increased about 25%. The icls on Drain Pipe. Chairman said he thought Mr. Raymond should go ahead and get bids and place the order. 365 II Mr. Potter said that Thomas Keegan had spoken to him about the condition of Rowland Avenue and wanted to know if the Town could improve it . The Ckairman said Rowland that the Town had never done arrytying on private ways but Avenue had aJways suggested that the owners contact a private contractor. Mr. Potter requested Mr. Raymond to write Mr. Keegan on the matter. Mr. Giroux said that he received a telephone call from a woman working on the W.P.A. sewing unit. They are using her typewriter which now needs repairing and W.P.A. she wanted to know if the Town would make the repairs. Typewriter The Board felt that there would be no objection to having the machine repaired. Mr. Giroux moved that the machine be rewired provided the cost did not exceed $5.00. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Accouhtant stating that an amount of $105.00 was included in his budget for 1937 for the purchase of a new typewriter. The price of the new machine is $114.00 and the trade-in value on the old machine would be $10.00. Mr. Russell thought Town he might be able to use the machine later on in the year Accountant and until the time comes when he will want its, Mr. typewriter Mitchell would like to use the machine in the Welfare Department . Without the allowance for the trade-in value of the old machine, the Accountant will be about $10. short in his budget but he thought that this could be taken care of through reduced expenditures on other items during the year. Mr. Russell asked the Board' s authority to purchase the machine at a net cost of $114.00. Mr. Giroux moved that the request be granted. Mr. Potter seconded the motion and it was so voted. Mr. Giroux moved that Dr. Howard W. Newell be appointed Town Physician to serve until April 1st, 1938. Mr. Potter seconded the motion and it was so voted. Appointment: Mr. Giroux moved that Dr . Harold J. Crumb be appointed to serve as Health Officer until -April 1st, 1938. Mr. Potter seconded the motion and it was so voted. Upon motion of Mr. Potter, seconded by Mr. Ross, it vies voted to grant the following licenses: F. B. Hubley A 5 Washington Street - Auctioneer's Licenses Leslie J. Wood _ 62 Webb Street - ?� P. J. Shanahan - 52 Pleasant Street - Past . -of Milk Mike Hallos - 1715 Mass. Avenue - Overhanging Sian II Don Yuen - 1734 Mass..._ Avenue, Calvin W. Childs - 409 Mass. Ave. - " Il Mat Berman 14 Mass. Avenue - n a Edgar J. Thivierge - 1620 Mass. Ave. - " �' 366 Eleanor 1 . Lowe accepted her appointment as Board of Health Agent. The Chairman said that he had talked with Clarence Walker with regard to his serving on the Contributory Contributory Retirement Boa d. He read a note which Mr. Russell Retirement had left for him stating that Mr. Walker had agreed to Board. serve as a member of the Board if the Selectmen wished to appoint him to that position. Mr. PottRr moved that Clarence S. Walker be appointed a member of the Contributory Retirement Board to serve until July 1st, 1940. Mr. Giroux seconded the motion and it was so voted. Letter Letter was received from the Town Accountant of thanking the Board_ for his increase in salary. thanks Mr. Potter moved that a letter be written to the Barnes Administrator and heirs of the Barnes estate regarding property the purchase of the property in accordance with the vote passed at the Town Meeting held last evening. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Chief of Police advising that the following had qualified as marksmen and Marksmen were entitled to wear the badge: Sergeant John W. Rycroft Patrolman William C. O'Leary Edward J. Lennon John A. Russell Frank T . Neal Welfare The Welfare Agent discussed Welfare matters with the Board. The meeting adjourned at 9:55 P. M. A true record, Attest: ` Clerk.