HomeMy WebLinkAbout1937-04-06 383
• SELECTMEN'S MEETING
APRIL 6, 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. Miss Weltch, a school attendance
officer, Mr. Mitchell and Mr. Wagner appeared before the
Board relative to the Blondiet family of Vine Street.
The Chairman read the report of the Health Officer
which was received last week.
Mr. Wagner of the Society for the Prevention of
Cruelty to Children said that the case had been closed
with him since last year as he could do nothing with
the family unless the case was taken to Court. Mr. Blondiet
Wagner said that Dr. narcastle probably would testify case
as to the condition of the home on the various times
when he had been down there.
Miss Weitch said that the attendance of the
children at school was very bad. The children are very
outstanding among the other children because of their
uncleanliness, ragged clothes , etc. She said that as
far as physical neglect went, the case was much worse
than the Meek case.
Mr. Wagner suggested that someone from Mr.
Mitchell 's department make visits to the house. He
said that he was willing to try to get the children
placed and it was left that he would work in conjunction
with Mr. Mitchell to try to settle the case.
The Chairman told the Town Counsel of the three
billboard applications that had been received for
maintenance of the boards on Marrett Road. He asked Billboards
if the Board should approve or disapprove the appli-
cations on general principals. Mr. Wrightington said
that it probably would do no good to disapprove them
but that was what had been done in the past. It was
decided to disapprove the applications.
The Chairman asked Mr. Wrightington why it was
necessary to elect Field Drivers when General Laws Field
state that the Selectmen should appoint them. Mr. Drivers
Wrightington said that he would look the matter up.
Letter was received from the Town Counsel rel-
ative to the request of the Lexington Public Health
Association for permission to erect flags on Mass. Use of
Avenue in the pits owned by the Town. Mr. Wrightington flag pits.
said that the Town already had regulations regarding
overhanging signs and he thought that those regulations
were broad enough to cover the flags referred to. The
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regulations require a $1,000. bond to indemnify and
save harmless the Town against liability. He said
that in his opinion, the Town might be held liable
for the personal injjry to a traveller on the way
caused by such a flag. He said that although the
possibility of an accident was rather unlikely, he could
not give an opinion that the Town would not be held
liable.
Mr. Giroux requested the Clerk to send a copy of
the letter to Mr. George P. Morey.
The Chairman asked the Town Counsel about the
employment of Welfare men on special projects. He
wondered if the Town would be bound to conform with the
Welfare men, State minimum wage law. Mr. Wrightington said that
work. the men were distinctly not Town employees but were
working out their Welfare aid and he did not see how
the State could come in and tell the Town that it would
have to pay the men at least $.50 an hour inasmuch as
they were not Town employees. The Chairman asked Mr.
Wrightington what would happen if these men were 'mut
to work on public works where there would be a possibility
of injury. Mr. Wrightington said that if an agent of
the Town was careless and a man was injured because of
that, he might sue the Town.
The Chairman said that Mr. Robert Merriam had
asked if he could hire engineering services from the
Town for the inspection of public utilities, etc. in
Merriam his development. The Town Counsel said that he had
request for discussed this matter with Mr. Raymond and his first
engineering thought was that this would be all right but after
service thinking it over he talked with Mr. Waddell's office
and the man was very emphatic in his opinion that such
engineering work could not be done. Mr. Wrightington
said that Merriam wanted the engineer to do all the work
so that ha would not have to hire another engineer. He
said that the development was a private one and the
mere fact that there was a Board of Survey layout did
not give the Board authority to put a Town employee in
there to do work. Waddell 's assistant said that the
Board would not be justified in spending the Town's
money on private land.
The Chairman stated that there was a Board of
Survey layout street from Merriam Street through to
Hancock Street and in connection with that street,
Merriam Robert Merriam had agreed to give the Town a piece of
gift of land so that the street could be ltaid out straight.
land He is now ready to give that land and the Chairman
asked if it would have to be accepted by the Town at a
Town Meeting.
Mr. Wrightington said that the land could be con-
veyed to the Town, but he thought there should be a vote
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at a Town Meeting to accept it. He said that the Board
could take the deed and accept the land later. He
requested that the Town Engineer send in a description
and plan of the land to be conveyed.
A subpoena was received for damages against thrb Subpoena -
Colonial Garage, Inc. , to be answered at Cambridge on Colonial
Monday, May 1st, 1937 . The matter was turned over to Garage.
the Town Counsel for action.
Mrs. Bridget Leary appeared before the Hoard and
said she came to talk to the Board about her son
Timothy. The man has been at Westboro since March 6,
1935. Mrs. Leary talked to a doctor at the Sanatariutn
and she said that the doctor told her that the Town
authorities sent the man away as he was dangerous to Leary
the public safety. The Chairman told her the only way case
he could be sent away would be because of complaints
from the citizens and then the Police Department would
sent him away. He said that he did not recall that the •
Selectmen had anything to do with the matter. She
asked that the Board aid her in getting her son out of
the Sanatarium and the Chairman told her that the Town
had nothing to do with it, that it was up to the hospital
authorities .
Letter was received from the Supt . of Public Works
relative to the surface drainage on the street near 320
Waltham Street. Mr. Raymond said that as a result of
a complaint last July, the Town made improvements in
the drainage and the grade of Waltham Street at its
junction with Waohusett Drive in an attempt to prevent
the water from going across Waltham Street onto the
property at 320. A gravel shoulder was built up in
front of the MacDonald property in an attempt to prevent
the water from overflowing onto the private land. The
tenant in the house does not recall that any water has
flowed onto the lot since the improvements were made
last year. Mr. Raymond said that there appeared to be MacDonald
a recurrence of the cave ti,r. near the front westerly property -
corner of the house. He said that there was no evidence drainage.
at this time that water had flowed from the street across
the line to the location of this cave-in recently and in
his opinion the cave-in is caused from the roof water
from the house which appeared to go into the ground
through the down spout and the pipe. The lot on which
the house is built consists of filling material which is
probably very porous. Mr. Raymond said that it was very
difficult to maintain a gravel shoulder as the house is
on a curve and the north-bound traffic tends to hug close
to the shoulder and wears it down rapidly. In order to
make a permanent improvement which will insure that
water does not flow across the front lawn even though
automobiles run across the shoulder, it will be necessary
to install about 70 feet of curbing and provide a catch
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basin to be connected with the drainage system. The
approximate cost of such work is $350.00. Mr. Raymond
suggested that the .connections not be made at this
time but that an attempt be made to keep the gravel
shoulder built up as he believed that the expense of
the curbing and catch basin was not justified until
funds could be found to install curbing there nearly
the entire length of the curb on that side of Waltham
Street .
The Chairman said that he would talk the matter
over with Mr. Mulliken of the Co-operative Bank, who
made the complaint, and inform him of the situation.
Mr. Raymond said that Frank Canessa had a truck
Frank that he wanted the Town to use but the Town had no use
Canessa - for it. Just before Canessa came in, John Collins, care-
picking taker at the dnnp,complained about men from out of
dump. town picking the dump and said that he had lost some
tools,etc. , so Mr. Raymond told him to keep everybody
out of it. The very next day Canessa want up to the
dump and Collins put him out. Mr. Raymond said that he
thought if Canessa was given the privilege of picking the
dump that he might make a living in that manner. The
Board told Mr. Raymond to use his own judgment in the
matter.
Mr. Raymond said that the Town Engineer's salary
had not been restored to its level before the cut. At
one time Cosgrove was getting $3130.00. Mr. Raymond
said that it was merely an oversight on his part and
Town he wondered if the Board had discussed it at all. The
Engineer 's Chairman said that the Board had not discussed the
salary. matter and when the Engineering Dept. budget was sub-
mitted, the sum of $3,000. was requested for the Town
Engineer 's salarg . The Board felt that it would not
be good policy to do anything about the matter now
inasmuch as the personal services in the budget were
ear-marked and no mention of the matter had been made
to the Appropriation Committee. Mr. Potter suggested
that the matter be taken up next year.
Mr. Raymond said that there were two corner lots
Robbins on Robbins Road on which the Town would have to do a
Road little filling and in order to avoid any claim for
releases. expensive retaining walls, etc. , such as were received
on Farm Crest Avenue, he had drawn up releases which
the Town Counsel approved and said he would try to get
the owners of the lots to sign them.
Mr. Raymond said that he had talked with Michael
Town Shea and asked him what he wanted to go to work for as
Painterthepainter for the Town, and Shea said that he wanted
$6.00 per day for an eight hour day, five days a week.
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Mr. Giroux moved that Shea be hired at $6.00 per day
for a five day week for whatever length of time the Supt.
of Public Works needed him as long as funds were avail-
able. Mr. Ross seconded the motion and it was so voted.
Mr. Raymond informed the Board that there were
four vacant lots on Robbins Road, three of which could
be reached from the sewer and all from the water main. Water and
He suggested that the water and sewer services be laid sewer -
to the curb to serve these lots before the construction Robbins
of the street and that the expense be charged to the Road.
water and sewer service accounts . Mr. Raymond also
recommended that a water main be extended about 60
feet to Lexington Avenue. Mr. Ross moved that the
Superintendent 's recommendations be adopted. Mr. Potter
seconded the motion and it was so voted.
Mr. Raymond said that on Independence Avenue there
were six houses connected with the old four inch water
main although there is an eight inch main in the street. Independence
He said that he would like to put the drain in the lova- Avenue
tion of the present four inch main and he would like to water and
tear out the old four inch main and connect the houses drainage
to the eight inch main.
Mr. Ross moved that the work be done in accordance
with the Superintendent's suggestions . Mr. Potter
seconded the motion and it was so voted.
Mr. Raymond said that last week he asked and re-
ceived the Board's approval to spend $205.00 for a dump Purchase of
body with hydraulic hoist but he now finds that that hoist.
price is no longer available. It will now cost $250.00
for this equipment. Mr. Ross moved that the sum of
$250.00 be approved for the purchase of the equipment.
Mr. Potter seconded the motion and it was so voted.
Mr. Raymond said that the Cemetery Commissioners
would not assume any responsibility for damages that
might result to headstones in the old Colonial Cemetery
during the tree project. He talked with Mr. Wood and Tree
told him that the best men would be put to work. Mr. Project.
Wood wrote a letter to Mr. Garrity stating that the
Commissioners would not be liable for any damages result-
ing from a falling limb, etc.
Mr. Giroux moved that the Supt. of Public Works be
authorized to go ahead with the tree project in the
cemeteries. Mr. Potter seconded the motion and it was
so voted.
The Supt. of Public Works asked if the Board wanted
him to take bids on granolithic sidewalk construction as Granolithic
he had so few applications. The Chairman said he thought sidewalk
that Mr. Raymond ought to take bids.
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The following bids were received on concrete pipe:
New England Concrete Pipe Corp.
Plain
Bell and spigot joint 3 ft. lengths .
8" per ft. .22
10" " " .31
12" " " .40
15" double strenth " " .68
18" n " " " .95
21" " n e► " 1.33
24" n " " " 1.75
Bids on
Concrete Reinforced.
Pipe. Bell and spigot ,joint 4 ft. lengths.
3200 ft. 1'2" per ft. r.84
700 ft. 15" " " 1.05
1100 ft. 18" " " 1.46
750 ft. 21" " " 1.85
700 ft. 24" " " 2.24
Hie Pipe of New land, Inc.
Reinforced.
3200 ft. 12 " $.91 per foot
700 " 15" 1.17 "
1100 " 18" 1.58 " "
750 " 20" 1.95 " "
700 " 24" 2.45 " "
Mr. Ross moved that the bid of the New England Con-
crete Pipe Corp. of Newton, the low bid, be accepted.
Mr. Potter seconded the motion and it was so voted.
The Supt. of Public Works stated that two or three
Water in men had been in to see Mr. Ross demanding water service
Brick in Brick Village. A man came in today stating that he
Village. had purchased the house at 22 Taft Avenue; that he had
given notice where he is now living and said that
he must have water inasmuch as he was moving in. No
action was taken on the matter.
The following bids were received for shingling the
barn at the Buckman Tavern:
M. B. Judkins - $215.00
Custance Bros., Inc. - 187.00
Blida for with alternate bid of 175.00
d`ingling George Swanson - 294.00
barn. James Mowatt - 199.52
James Irwin, Jr. - 268.00
Mr. Potter moved that the bid of Custance Bros.,
Inc. of $187.00 be accepted. Mr. Giroux seconded the
motion and it was so voted.
Mr. Raymond said that $175.00 was allowed in the
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budget far this work but he thought that the other $12.00
could be found in the general appropriation.
Mr. Raymond reported with regard to the fence at
the Center Playground. Last week he said that about 75 Fence at
feet of fence would be needed and that would take care of Center
one lot only, but there are holes in the fence at the Playground
next lot and a minimum of 140 feet of fence would be
needed. The present fence could be duplicated for about
$170.00. The Board felt that inasmuch as no funds for
replacing fences had been approved in the budget for
1937, that there was no action that could be taken. The
Chairman said that he would write Miss McCaffrey of
Parker Street and inform her of the situation.
Letter was received from B. J. Harrington of
11 Curve Street complaining about the children from
the East Lexington playground coming over into his
field and doing damage to his property. Mr. Harrington Harrington
said that the children broke twenty lengths of 12 inch complaint
Akron pipe which was in the field. He said that this re fence
was not the first time that pipe had been broken. He
reported the matter to the Supt. of Parks. Mr. Harrington
asked that the Board consider the matter and have a fence
put up. He said that the boys in that vicinity had a
club and used his yard for a public thoroughfare every
time they used to go into the playground.
The Chairman said he thought Mr. Raymond should
talk the matter over with Mr. Grindle to see if the
School Department could do something. Mr. Giroux
suggested that the Chairman talk with Mr. Rowse to see
how he felt about transferring sufficient funds to take
care of the matter and the Chairman said that he did not
like to ask for a transfer so soon after the Town Meet-
ing. He suggested that Mr. Harrington be written a
letter to the effect that the matter would be taken care
of when funds were available.
Mr. Raymond reported that he had received a price
of $366.94 less 2% cash discount from the Ideal Mower
Sales and Service Co. for furnishing a power mower. The Purchase of
sum of $380.00 had been allowed in the budget for this power
item so that there were sufficient funds. mower.
Mr. Ross moved that the purchase of the mower at
the above price be authorized. Mr. Potter seconded
the motion and it was so voted.
Mr. Raymond said that he had taken bids on asphalt
and that the prices were practically all the same. Bids on
Mr. Giroux moved that the matter be left in the asphalt.
hands of the Supt. of Public Works to purchase the
material wherever he wished. Mr. Potter seconded the
motion and it was so voted.
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Mr. Raymond said that he had received the following
prices for shovel hire:
J. A. Gaffey - $5.l7 per hour
Prices on R. H. Stevens - 5.50 " "
shovel University Excavating
hire Co. of Arlington - 5.65 " "
Mr. Raymond said that he assumed that these prices
included transportation but he was not sure. It was
decided to hold the matter over for one week to see
whether or not these prices included transportation.
Mr. Ross said that he would like to get a little
more information as to the size, make and age of the
shovels to be used.
Mr. Raymond said that Mr. Garrity would like to
Purchase get some of the loam Mr. Ross is stripping from the
of loam. Wellington Farm as there is something in the loam that
he wants. Mr. Raymond said he did not see how the
Board could authorize the purchase of the loam from Mr.
Ross without violating the By-laww of the Town.
Mr. Giroux asked if the Board would allow the Lex-
Use of ington Public Health Association to use the flag pits
Flag pits. during its drive for funds if the proper bond was filed.
Mr. Ross moved that permission to use the pits be
given subject to that condition. Mr. Potter seconded
the motion and it was so voted.
The Chairman reported that he had talked with the
Town Counsel relative to the case of Pierce vs. Lexington
and Mr. Pierce' s lawyer informed Mr. Wrightington that
he would not settle the case for $25.00. The Town con-
tested the case in the first place with the thought of
making it a test case but Mr. Wrightington now says that
there was no test to it.
Mr. Ross moved that the Town settle the case for an
amount not to exceed $50.00.• Mr. Potter seconded the
motion and it was so voted.
Hearing Notice of a hearing on the proposed new Metropolitan
re Met. Sewer Project to be held on Wednesday, April 7th at the
Sewer. State House, was received. Mr. Potter moved that Mr.
Raymond attend the hearing. Mr. Giroux seconded the
motion and it was so voted.
Letter was received from Mrs. Chester Cook stating
that Roger Greeley had discovered forty-three granite
Posts for posts, property of the Town of Lexington, in the back of
Depot Park. the Munroe Cemetery. She said that the Depot Park
Improvement Association would like to use these granite
posts on the beautification project.
Mr. Potter moved that the Committee be given per-
mission to use the posts. Mr. Giroux seconded the
motion and it was so voted.
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II Letter was received from John A. May of 15 Taft Ave.
stating that the play given on March 30th by the Lex-
ington Unit of the Mass. State Guard Veterans was a Abatement
decided failure financially and he appealed that the of charge
charge made for the use of Gary Hall be reconsidered of Hall.
and eliminated, if possible. Mr. Potter moved that the
charge for the use of the hall for the show and rehearsal
be abated. Mr. Giroux seconded the motion and it was
so voted.
Application was received from the Lexington Unit
of the Mass. State Guard Veterans for permission to
operate a stand for the sale of pop corn, tonic, etc. on Stand on
the 19th of April. April 19th
Mr. Potter moved that the matter be turned over
to the Supt. of the Park Division and that he use his
own judgment in the matter so that there would not be
any confliction. Mr. Giroux seconded the motion and it
was so voted.
A check in the amount of $100. was received from
the Town Counsel in settlement of a welfare claim against Welfare
the City of Lowell. Mr. Wrightington enclosed bill for cases
$47.00 for services in the case. He also enclosed bills
for three other welfare cases. Mr. Potter moved that
the check be accepted. Mr. Giroux seconded the motion
and it was so voted. Mr. Giroux moved that the bills be
approved. Mr. Potter seconded the motion and it was so
voted.
Letter was received from the 19th of April Ball
Committee inviting the Board to attend the Military Ball Invitation
to be held on Monday evening, April 19th. Mr. Giroux to Ball.
moved that a letter be written to the Committee advising
that the members of the Board would make every effort to
attend the Ball. Mr. Ross seconded the motion and it
was so voted.
Letter was received from Ira A. Rix applying for
permission to sell pop corn on April 19th at 1734 Mass. Permit to
Avenue. Rix said that the stand would be in the door- sell pop
way and not on the sidewalk. corn.
Mr. Potter moved that permission be granted to the
man for the sale of pop corn. Mr. Ross seconded the motion
and it was so voted.
Upon motion of Mr. Ross, seconded by Mr. Potter, it
was voted to grant the following licenses:
Max Sulkin - 132 South Street, Waltham- Junk
Edward L. Child - 1775 Mass. Avenue Overhanging Sign Licenses
Eugene Derby 11 Waltham Street -
Liggett Drug Co.- 1721 Mass. Avenue
Edith H. VanAmrin_e, Ine.- 1711 Mass . Ave.- "
Colonial Garage, Inc. - 1668 Mass. Ave. - "
William E. Maloney - 93 Mass. Avenue - " "
William E. Maloney - " " - Common Victuallers
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Welfare The Welfare Agent discussed welfare matters with
the Board.
Commitment of *pater lien in the amount of $17.00 was
Commitment signed by the Board.
Application was received from the Lexington Grange
for the use of Cary Memorial Hall for the evening of
April 13th for a minstrel show. The proceeds of the show
Use of Hall. are to be donated to the Home and Community Service Fund.
For that reason the Grange requested the lowest possible
rate. Mr. Potter moved that the use of the hall be
granted subject to a fee of $15.00. Mr. Ross seconded
the motion and it was so voted.
The -meeting adjourned at 10:20 P.M.
A true record, Attest :
Clerk.
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