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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. 1 1 1 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 1 1 1 ' 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 CT) c� X 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 LJI 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 u C 1 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. 1 C 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.