HomeMy WebLinkAbout1937-04-27410
Mileage
allowance
for Mr.
Kearns.
SELECTMENIS MEETING
APRIL 27, 1937
A regular meeting of the Board of Selectmen was
held at 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. Raymond appeared before the Board and said
that it would be necessary to find some means of trans-
portation for Mr. Kearns of the Engineering Department
who is working outside alone. For the time being Mr.
Raymond told Mr. Costrove that Mr. Kearns would be
allowed five cents a mile until the Board could do
something about it. Mr. Raymond thought that Kearns'
mileage might average ten miles a day. At the present
time he is working on a study of Bow Street sewerage
conditions. The Chairman said that if the man was on
one job all day perhaps he could use the bus. Mr. Ray-
mond said that he had to go back and forth between the
office and the job and with the construction work going
on as it is now, it would not be practicable to trans-
port him back and forth in the beach wagon.
Mr. Potter moved that Mr. Kearns be allowed five
cents per mile for the use of his car. Mr. Clark
seconded the motion and it was so voted.
Water Mr. Raymond said that there were six water services
services which had been laid with galvanized pipe in that part
in Reed St. of Reed Street which is to be constructed which ought
to be replaced before the street is built. He estimated
that this would cost about $150.00. Mr. Clark moved
that the work be approved. Mr. Potter seconded the
motion and it was so voted.
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Mr. Raymond said that Mr. Ross wished to discuss
the matter of requiring contractors to furnish a bond
Bond when
when opening up streets or sidewalks. The Chairman
streets are
said that most cities and towns required this. Mr.
opened up.
Ross said that in Arlington a bond had to be filed
whenever a street was opened up. He said that he had
in mind liability if an accident should occur when a
street or sidewalk was opened or obstructed. The
Chairman said that he thought it would be a good idea
to take up the matter with the Town Counsel and he
requested Mr. Raymond to do this.
Mr. Raymond said that they were using Dalrymple's
Horses on
horses on the Mill Brook Project but finally it got' -so
Mill Brook
that there was no one on the W.P.A. who could handle
Project
horses, so Dalrymple took them off the job. The Field
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' Engineer, Mr. Allard, said that if the horses were not
put back, he would shut down the job. Mr. Raymond
talked with Dalrymple who agreed to furnish the horses
and driver at the rate of $1.10 per hour. Mr. Potter
moved that this rate be approved. Mr. Clark seconded
the motion and it was so voted.
Mr. Raymond said that Miss McCaffrey's complaint
was that the Town did not fix up in front of her prop-
erty on Mass. Avenue as well as they did in front of
some of the other property.. They put in gravel side-
walks wherever there were sidewalks before. He said
that it would not be very expensive to put in such a walk
as far as the house but it would be expensive to put
one in beyond the house. The Chairman thought that
it would only make way for more complaints if anything
were done there now so long after the street work was
finished. Mr. Giroux thought that if the Town would
agree to fix the fence between her property on Parker
Street and the playground it would satisfy her.
411
McCaffrey
complaint
' Mr. Raymond said that he had received five bids on
a jackhammer and the prices were all alike. Pair. Raymond
said that the salesmen for two companies lived in Lex-
ington. Mr. Ralph Field for the ,^falter hf. Field & Son
Mr. Raymond said that Mr. Leslie J. Wood told him
that he had been instructed by the Health Inspector to
eliminate the mosquito pest menace at the corner of
'
Webb and Woburn Streets. He claims that the Town is
responsible for the condition because the grade of Woburn
Street was raised when it was rebuilt, thus preventing
the water from running across the street. The contractor
dug a ditch across the corner lot and laid a short
piece of pipe connecting with the last catch basin. Drainage -
Mr. Raymond said that some day there would be a consid- corner of
erable drainage problem at this location and it would Woburn and
be quite expensive to come out Webb Street with a drain. Webb Sts.
He thought that when that time comes, the Town would
save money if it had the right to lay a drain across -
Mr. Wood's land. Mr. Raymond said that an inlet could
be installed and a pipe laid at a cost of about $300.
and this would lower the water about one foot which
would help a great deal. He thought it would be good
business to trade this work for a release or right to
lay a drain across Wood's land later on. The Chairman
asked if Wood would put in the pipe on his own land if
the Town put it`in'in the street, and Mr. Raymond said
that he had not discussed that phase of the matter with
Mr. Wood. Mr. Potter said that if Wood laid the pipe
on his own land he _probably would not give an easement
for the laying of the pipe. The Chairman suggested that
Mr, Raymond discuss both sides of the matter with Mr. Wood.
' Mr. Raymond said that he had received five bids on
a jackhammer and the prices were all alike. Pair. Raymond
said that the salesmen for two companies lived in Lex-
ington. Mr. Ralph Field for the ,^falter hf. Field & Son
412
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lives on Cary Avenue and Mr. J. G. Robertson of the
P. I: Perkins Co. lived on Plainfield Street. Mr.
'
Ross said that he thought the town should purchase the
Purchase of
same type jackhammer that -it had in the past and the
jackhammer
one sold by the P.I. Perkins Co. was not the same. He
said that the fact that Ralph Field lived in Lexington
did not mean much because he understood that he was
going to move out of Town and that he did not own the
house he was living in but merely rented it. He said
he thought that the jackhammer should be purchased from
the Public Works Supply Co. because of the fact that
John Moore, the salesman, had always given the Town
excellent service. He calls at ,the office two or three
times a week and is always willing to make extra trips
back and forth for parts, etc. He said he would
recommend purchasing the jackhammer through Mr. Moore.
Mr. Giroux moved that the Supt. of Public Works
purchase the item wherever he thought best. Mr. Ross, -
seconded the motion and it was so voted.
The following bids were received on sidewalk con-
struction;
John H. Dacey
For Earth Excavation below the bottom of ,concrete - $.85
Per cu. yd.
For Foundation Material in place - 01.25 per cu.yd.
,
For Standard sidewalks
(4 inches in thickness) 1.542
For Driveways and ramps
(6 inches in thickness) - 1.642
Sidewalk
William A. Cann Co.
bids
For Earth Excavation below the bottom of
concrete - $1.10
For Foundation material in place - 1.50
For Standard sidewalks
(4 inches in thickness) - 1.53
For Driveways and ramps
(6 inches in thickness) - 1.89
Highway Department
For Earth ;:Excavation below the bottom
of concrete - $1.50
For Foundation material in place - 1.00
For Standard sidewalks
(4 inches in thickness) - 1.75 rr n n
For Driveways and ramps
(6 inches in thickness) - 2.25
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Hervey F. Armington, Inc.
For Earth Excavation below the bottom
of concrete _ $1.50 per cu. -rd.
For Foundation material in place 1.00 it
For Standard sidewalks
(4 inches in thickness) - 1.75 't to to
For Driveways and ramps
( 6 inches in thickness) - 2.25 't to to
Mr. Raymond recommended that the work be given to
John F. Dacey, Mr. Clark moved that the contract be
awarded to John F. Dacey, the low bidder. Mr. Ross
seconded the motion and it was so voted.
The Chairman said he thought a bond should be
required on this work to guarantee it and inasmuch as
this was not mentioned when bids were asked, he thought
that the Town should pay for it.
At 8:00 P.M. hearing was declared open on the appli-
cation of Robert Merriam for permission to maintain a
two car garage of frame construction at lot no. 3
Merriam
Patriots Drive. Mr. Walter Black, the builder, appeared
garage
and presented plan of the proposed garage. No persons
hearing*
appeared in opposition. Mr. Ross moved that the permit
be granted subject to the approval of the Building
Inspector. Mr. Clark seconded the motion and it was so
voted.
'
At 8:05 P.M. Board of Survey hearing was declared
open upon the application of 'Halter G. Black for the
approval of a plan of land in the rear of his property
on Highland Avenue. Mr. Black appeared in favor of
the granting of the petition. Notice of the hearing
was read by the Chairman.
Mr. Black said that he purch5sed the property
Black
from a Mr. Shefarine in 1922. He said that this plan
Board of
took in all the property that he owned at this point.
Survey
Mr. Chester H. hothrup was present at the hearing and
hearing.
said that he was not contemplating developing his land
at the present time and that he had no objection to
this layout. He said that he merely wanted to know
whether or not anything was going to be done on his
land, and the Chairman said that nothing would be done
until he petitioned for it himself. Mr. Black said
that the Planning Board approved this layout some years
ago. No other evidence was offered and the hearing was
declared closed.
Because of the fact that the plan showing the
profile was not ready, it was voted to take the matter
unddr advisement and act on it at the next meeting.
Mr. Giroux said that he had received a telephone
'
call from the former Senator Warren regarding the Tucker
Tucker
claim for damages on Sowell Street. It was decided to
Claim.
discuss the matter next week.
414
The Vine Brook Drainage Committee appeared before
the Board and the Chairman, 'Nilliam H. Ballard, said
that the Attorney for the U.S. Government was in a
Caroline
quandary because of the line along Vine Brook. When
c=a
Harrington
the Town Counsel drew up the deed by'which Caroline
Winthrop
Road.
Mr. Giroux said that Mr. Harold Lamont had tel -
ephoned him relative to the condition of 17inthrop Road
Vine Brook.
in front of his house toward .Vinthrop Road Extension.
'
Mr. Giroux requested that the Supt. of Public Works'be
instructed to investigate the matter and see if some-
thing could be done provided it was an accepted street.
Harrington
Mr. Giroux said that Miss Katherine Harrington can-
an-property
property
plained to him about the people tramping over her shrub-
bdry on the 19th of April. He suggested that next year
the Town rope off her property to take care of the
matter.
The Chairman said that the Town Accountant spoke
Help for to him about employing. a girl to help out on the work
Town involved by the Retirement Act and he suggested that
Accountant he try some girls from the National Youth Movement. ,
Mr. Ross moved that the suggestion be approved: Mr.
Potter seconded the motion and it was so voted.'
The Vine Brook Drainage Committee appeared before
the Board and the Chairman, 'Nilliam H. Ballard, said
that the Attorney for the U.S. Government was in a
Caroline
quandary because of the line along Vine Brook. When
Harrington
the Town Counsel drew up the deed by'which Caroline
property -
Harrington sold to the Town of Lexington a portion of
Vine Brook.
her property along Mass. Avenue for the purpose of
establishing the building line, he inserted all sorts
of right's such as trespass, etc. and this was bothering
the Government. Mr. Ballard suggested that the Town
ask the owner, the Arlington Five Cents Savings Bank,
to donate a five foot strip of land along Vine Brook
to take care of the matter. Mr. Ballard said that he
would be willing to make unofficial inquiries of -buyer
and seller on the matter if the Board had no objection.
The Board felt that there would be no objection to
this procedure. The Government would want a release
of all the restrictions in the deed of the Mass. Avenue
taking.
The Chairman informed the Board that the Plumbing
Inspector, Mr. Andrew Bain, had been taker_ ill'with a
Temporary
shock on Wednesday, April 21st. He said that he called
Plumbing
Mr. William A. Coakley and requested him to come in
Inspector.
and serve in Mr. Bain's place as he did when Mr. Bain
went abroad. Mr. Ross move, M Coakley be
appointed temporary Plumbing indefinite period
depending upon Mr. Bain's c dition. Mr. Potter
seconded the motion and it was so voted.
The Board felt that Mr. Bain's salary should be
paid to Mr. Coakley and that the matter of paying Mr.
Bain during his absence should be discussed upon his
return, due to the fact that it was unknown as to the
length of time that he would be ill.
The Chairman said that the Town Accountant spoke
Help for to him about employing. a girl to help out on the work
Town involved by the Retirement Act and he suggested that
Accountant he try some girls from the National Youth Movement. ,
Mr. Ross moved that the suggestion be approved: Mr.
Potter seconded the motion and it was so voted.'
' Mr. Ross moved that Dr. Solomon H. Gagnon of the
Metropolitan State Hospital be appointed as a Special Appointment
Agent of the Board of Health as of April 1st, 1937 for
the ensuing year. Mr. Clark seconded the motion and it
was so voted.
The Chairman stated that there was no rest room or
couch in the Town Office Building where sick people Rest xloom
might lie down. It was decided that the Chairman should for sick
discuss the matter with Mr. Raymond and that it should people
be taken up again next week.
Letter was received from the Burbrec Nurseries,
Inc., requesting that Robert Cady be appointed a
Special Police officer, thus enabling him to act as a
traffic officer at the nursery on Sunday afternoons.
Mr. Clark moved that Mr. Cady be appointed a Special
Police Officer. Mr. Giroux seconded the motion and it
was so voted.
Letter was received from.the Town Accountant calling
the Board's attention to a deficiency in the appropriation
for personal services and special fees for the Law Depart-
ment. Of the $1962.50 ar_,propriated for the year, there
is a balance of 85.00 left for special fees. Mr. Russell
said that he had received a bill in the amount of $300
for services in the case of Lexington vs. Boynton and
said that he would hold the bill until some provision
was made for its payment. Mr. Clark moved that the
Appropriation Committee be requested to transfer the
sum of $300, fromrthe'Reserve Fund to pay the bill.
Mr. Potter seconded the motion and it was so voted.
The Chairman stated that the Ryders wanted to core
in on May 11th or thereabouts to discuss the matter of
settlement of the various drainage cases. It was
decided to meet at four o'clock P.P., on May 11th to
dispose of regular business and to invite the Ryders
and Mr. 1"1rightington to appear at 8;00 o'clock to
discuss the drainage cases.
Letter was received from the Town Counsel regarding
junk licenses. He said that the Supreme Court of Mass.
held that a person who bought to sell again from
persons who are customers, odds and ends of new iron
which have been left from larger pieces and which are
not available for further use in that particular line
of manufacture, could not fairly be called a junk
dealer. The reasons for requiring junk dealers to
take out licenses do not apply to such a business and
' the Court did not think that it came within the
Statutes relating to junk dealers.
Special
Police.
Town
Counsel's
appropria-
tion.
Meeting
and
drainage
cases.
Junk
Licenses.
416
Letter was received from the Town Counsel regarding
the purchase by Lillian Cowan of lot 219 Farmhurst.
'
In accordance with the Board's instructions on March
Cowan
10th, Mr. Wrightington notified Miss Cowan that the
purchase
Board would allow her six weeks in which to raise the
of property.
money for the purchase of the property. He heard nothing
from her and telephoned her on April 23rd and Miss Cowan
said she would pay $350.00 on April 26th and the balance
by June 1st. He told her that subject to the Board's
approval, he would hold the-deed and the money until
the balance was paid.
Mr. Potter moved that the Town Counsel be instructed
to accept the money under the conditions outlined in
his letter. Mr. Clark seconded the motion and it-was
so voted.
Letter was received from the Town Counsel relative
to the complaint of the violation of the Zoning Law by
Roger 'N. Brown of Marrett Road. Mr. Wrightington said
that he had received information tending to show that
the building owned by Mr. Trask had been used in part
for storage at a time prior to the adoption of the
Zoning By-law. He has asked the Building Inspector to
check up on this angle. Mr. Wrightington said that he
had not been informed that
any of the complaints had been withdrawn. He suggested
that it might be appropriate for Mr. Trask to apply to
'
Brown
the Board of Appeals under the recent amendment to the
Zoning
Zoning Law to permit a change of non-conforming use.
Violation
With reference to the other land occupied by Brown, it
is partly in the residential and partly in-the commercial
district, but even so, that part which is in the
commercial district can be used for the building supply
business only by a permit from the Board of Appeals.
Copy of a letter addressed to the Building Inspector
was received from Robert P. Trask, Attached to Mr.
Longbottom's letter was a stt emet signed by the
manager of the Middlesex County Farm Bureau as
evidence that Mr. Trask's buildings on Marrett Road
were used continuously "for purposes not substantially
different" beginning before the adoption of the Zoning
Law up to the present time. It is therefor Mr. Trask's
contention that the rental of the premises to Brown
for the storage of tires, tile, etc. is not a violation
of the By-law. Mr. Trask said he thought that the
neighbors' objection to the appearance of the property
adjacent to his was well founded, but he did not think
that the complaint involved his property as everything
Brown has stored on his property is inside the buildings.
Mr. Trask said that he would use whatever influence he
might have with Mr. Brown to have him conform to the wishes
of the neighborhood with respect to the other property
'
he occupies.
Mr. Potter moved that the matter be held over for
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one week and that the Building Inspector appear at the
next meeting to discuss the matter. P,Tr. Clark seconded
the motion and,it was so voted.
A letter was received from the Town Counsel stating
that the writ against Paul Kelley was entered and the
case had gone to judgment. He has written for an
execution. The next step would be to cite Kelley into
the Concord Courtin a supplementary process and get a
Court order against him. This is because of an out-
standing Board of Health bill. Mr. Potter moved that
the Town Counsel be instructed to cite Kelley in supple-
mentary process and get a Court order against him. Mr.
Clark seconded the motion and it was so voted.
Letter was received from the Town Counsel advising
that he had obtained a release from Harry 'N- Pierce
and had entered judgment for the defendant by agreement
in the District Court of Central Middlesex in the case
of Pierce vs. Lexington. Mr. Nrightington attached
his bill in the amount of $176,00 for services in the
case. Mr. Clark moved that the Appropriation Committee
be requested to transfer this sum along with the $300.
already voted on from the Reserve Fund. Mr. Potter
seconded the motion and it was so voted.
Paul Kelley
case.
N
Pierce
case.
The Chairman reported that Roger Brown had been
selling gasoline at the Paul Revere Garage without a Brown
license. Mr. Giroux moved that the Chief of Police be selling
instructed to check up on the matter and to have the gasoline.
violation of the law discontinued. Mr. Potter seconded
the motion and it was so voted.
Letter was received from the County Commissioners
stating that they were not authorized to make changes Legislativd
in Representative districts until the year 1939 by Districts
reason of an amendment to the Constitution passed some
years ago which continues the present Legislative
Districts until 1939.
Letter was received from Charles Apollonio of
Kendall Road offering to purchase lot 51, Farmhurst,
section 2, for the sum of $150.00. Mr. Clark moved that
the offer be accepted and that the Town Counsel be
requested to draw up the necessary papers for the
conveyance of the property. Mr..Potter seconded the
motion and it was so voted.
Purchase of
property.
Letter was received from the TownCounseladvising Committee
that he would be very pleased to serve on the Committee re
of the Mass. Selectments Association on billboard billboards
legislation.
418
Copy of a letter from R. H. Stevens to the Town '
R.H.Stevens Treasurer was received. The letter authorized Mr.
payments. Carroll to deduct 10% from payments to be made Stevens
when the amount due is $600.00 or ,less and 15% when the
amount due is more than $600.00 in any one week.
Report was received from Dr. Martin, the School
T.B. Clinic Physician, who is in service at the Middlesex
Clinic County Sanatorium relative to the T.B. clinic recently
Report. held in Lexington. The Clerk was,requested to send a
copy of the report to the School Department.
Letter was received from Andrew J. Pewtherer re-
questing the use of Parker Field for the Lexington
Use of Baseball Club on the following dates: May 9, 13, 16,
Parker 19, 23 and 30; June 6, 16, 20 and 22nd.
Field. The Clerk reported that Mr. Garrity approved the
request. Mr. Giroux moved that the request be granted.
Mr. Potter seconded the motion and it was so voted.
Letter was received from Mr. Newell V. Bartlett of
The request of the Stockbridge Alumni Association
for permission to use Cary Hall on November 20th for a
dinner dance was discussed. The Chairman stated that
Use of Hall. the Stockbridge School was a branch of the Mass. State
College in Amherst and gives two year courses in
agricultural subjects. Mr. Giroux moved that the use
of the hall be granted subject to the fee of $40.00.
Mr. Potter seconded the motion and it was so voted.
Application for approval of a Peddler's License
Peddlers was received from Richard T. Kelley of Woburn Street.
License. Mr. Giroux moved that the application'be approved
subject to the approval of the Chief of Police. Mr.
Potter seconded the motion and it was so voted.
Commitment of water liens in the amount cf $81.50 '
Commitment. was signed by the Board.
Saugus calling to the Board's attention alleged
incivility, discourtesy and ignorance as exemplified
Complaint
by Officer George Barry. Mr. Bartlett complained that
re
he was stopped by Officer Barry on Mass. Avenue on
officer.
April 25th and was very much upset by the officer's
attitude. Mr. Potter moved that the matter be referred
j
to the Chief of Police for investigation and report.
Mr. Giroux seconded the motion and it was so voted.
Board of
Board of Appeals order denying the application of
Appeals
Alexander W. and Dorothy A. Parks for permission to
order.
alter a dwelling in the rear of #10 Fletcher Avenue
was noted.
The request of the Stockbridge Alumni Association
for permission to use Cary Hall on November 20th for a
dinner dance was discussed. The Chairman stated that
Use of Hall. the Stockbridge School was a branch of the Mass. State
College in Amherst and gives two year courses in
agricultural subjects. Mr. Giroux moved that the use
of the hall be granted subject to the fee of $40.00.
Mr. Potter seconded the motion and it was so voted.
Application for approval of a Peddler's License
Peddlers was received from Richard T. Kelley of Woburn Street.
License. Mr. Giroux moved that the application'be approved
subject to the approval of the Chief of Police. Mr.
Potter seconded the motion and it was so voted.
Commitment of water liens in the amount cf $81.50 '
Commitment. was signed by the Board.
' Notice was received of an application of John
Donelly and Sons for a permit to maintain a billboard
at 613 Mass. Avenue. Mr. Raymond said that he had been
unable to locate this billboard and he recommended that
the application be disapproved because of indefinite
location. Mr. Giroux moved that the recommendation be
followed. Mr. Potter seconded the motion and it was so
voted.
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Upon motion of Mr. Clark, seconded by Mr. Potter,
it was voted to grant the following licenses:
James F. McCarthy, 60 Bedford St., Funeral Director
Irving G. Clark, 324 Marrett Road, Common Victuallers
Sarah Berman, 22 Mass. Avenue, Sunday Sales
Velma M. Rhoda, Concord Ave.&.11altham St. " It
Ind. Tallow Co., Inc., Woburn Trans. of Garbage
John F. McGrath, Burlington, It It It
William G. Potter, Walnut Street, It It It
G. W. Bean, 359 Bedford Street, Driving Range
99
Billboard
Licenses.
Police report was received on the condition, of the
Harkins family of Charles Street. Mr. Giroux moved that Police
the Police Department be commended for the excellent report on
rer.ort submitted. Mr. Potter seconded the motion and Harkins.
it was so voted.
Mr. Mitchell said that he wanted to purchase a
bookcase and Mr. Clark moved that the matter be left in Bookcase
the hands of Mr. Mitchell and Mr. Raymond. Mr. Giroux for Welfare.
seconded the motion and it was so voted. Dept.
The Welfare Agent discussed welfare matters with
the Board. Welfare
The meeting adjourned at 10:10 P.M.
A true record, Attest:
Clerk.