Loading...
HomeMy WebLinkAbout1937-06-08482 �7 SELECTMEN1S MEETING x JUNE 8th, 1937. ' A regular meeting of the Board of Selectmen was he Id intheSelectmen►s Room, Town Office Building, at 7:30 P.Y. Messrs. Giroux, Clark and Ross were present. The Clerk was also present. In the absence of Mr. Ferguson, Mr. Giroux acted as Chairman Pro -tem, At 8:00 P.M. hearing was declared open on the appli- cation of Louis VanderWoude for permission to maintain a Vanderwoude one car garage at the corner of Baker and Tucker Avenues. garagd Mr. VarAlerWoude Appeared. and presented plan -of the pro - hearings posed garage. No persons appeared in opposition. Mr. Clark moved that the permit be granted subject to the approval of the Building Inspector. Mr. Ross seconded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the appli- Phipps cation of Ethel L. Phipps for permission to maintain a garage one car garage at 382 Marrett Road. Mr. and Mrs. Phipps hearing. appeared and presented plan of the proposed garage. No persons appeared in opposition. Mr. Ross moved that the permit be granted subject to the approval of the Building Use of Hall Inspector. Mr. Clark seconded the motion and it was so ' voted. At 8:10 P.M. hearing was declared open on the applies cation of Josephine H. Smith for permission to maintain Smith a one car garage at 20 School Street. No persons garage appeared either in favor or in opposition. Mr. Ross hearing. 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 8:12 P.M. hearing was declared open on the Atkins application of Harvey Atkins for permission to maintain garage a one car garage at 42 Old County Road. Mr. Atkins Hearing. appeared and presented plan of the proposed garage. No persons 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. Chairman, Letter was redeived from the Appropriation Committee Approp.Com# advising that Mr. Allen W. Rucker had been elected Chairman of that Committee. The Clerk advised that the Sacred Heart Church had made a mistake on their application for permission to Use of Hall ' use Cary Hall this evening. The time should have been given as 9:00 P.M. to 1:00 A.M. rather than 9:00 P. M. to 11:00 P.M. It was decided not to increase the rate L n of $15.00 already set, but to advise them that in the future they should list the correct time on their applications. At 8:15 P.M. hearing was declared open on the application of the E.E.I. Co. and the N.E. Tel. & Tel. Co. for permission to erect and maintain two poles on the Cambridge -Concord Turnpike easterly from a point approximately 150 feet east from Blossom Street. Mr. Roy C. Peterson appeared in favor of the granting of the petition. Mr. Ross asked if the poles were going to be set in back or in front of his gasoline station and Peterson said that they were to be set in front of it but would be thirty feet back of the street line becauseof the taking. Mr. Giroux said that he would not be in favor of granting the petition if the p6les were to be set in front of the station. Peterson said that if the poles were set in back of the station, he would have to stand the expense and every- body else that wanted power would have to have poles set back from the street and probably they would not be willing to stand this expense. Mr. Giroux suggested that the Board contact the Edison Company to see if the poles could be set in back of the station and the matter was held over until the next meeting. Letter was received from the Appropriation Committee with reference to the Board's request for a transfer of $476.00 from the Reserve Fund for the payment of pending bills for services rendered by the Town Counsel. The Appropriation Committee felt that it would be in- advisable to make the transfer of funds at this time and suggested that an article be inserted in the warrant for the next town meeting to provide for payment of these b ills . IN Poles on Concord Turnpike. Money for Law Dept. Letter was received from the Town Counsel stating Kelley that he had supplementary process ordered entered against case Paul J. Kelley, by which he agreed to pay $3.00 per week beginning Friday, June 4th, on account of the Judgment of the Torn against him. Mr. Ross moved that the following finding and order be ado�ted: 'The Board of Selectmen, acting as a Board of Health, after haaring a report from Matthew Stevenson, Health Order re Inspector, and from Harold J. Crumb, I.D., Health Officer, Central as to the condition of the Central Block at the corner Block of Massachusetts Avenue and Merriam Street, Lexington, and other evidence, find that the portion of said building fronting on Merriam Street is a menace to the Pichette property. Public Health and a nuisance by reason of its filthy condition, and, therefore, the Board adopts the following order under the authority of G. L. Ch. 111 sec. 123 and every other power enabling it to do so: ORDERED that George Scott of Cambridge in the County of Middlesex, the owner of the building at the corner of Massachusetts Avenue and Merriam Street, Lexington, known as the Central Block, at his own expense remove the nuisance and source of filth found in the portion of the said building fronting on Merriam Street consisting of dirty and foul-smelling halls and stairways, a filthy lavatory on the top floor, and accumulations of refuse in rooms and cellar within ten days from the date of the service of this order". Mr. Clark seconded the motion and it was so voted. Mr. Ross moved that the following finding and order be adopted: "The Board of Selectmen of Lexington acting as a Board of Health, after hearing a report from Matthew Stevenson, Health Inspector, as to the condition of the house located at 60/62 Woburn Street, Lexington, and other evidence, find that the building is a menace to the public health and a nuisance by reason of its filthy condition, and, therefore, the Board adopts the following order under the authority of G. L. Ch. 111, sec. 123 and every other power enabling it to do so: ORDERED that John L. Pichette of Arlington in the County of Middlesex, the owner of the building at 60/62 Woburn Street, Lexington, at his own expense remove the nuisance and source of filthf ound in the tenement at 60 Woburn Street, consisting of roaches and bedbugs, with- in five days from the date of the service of this order." Mr, Clark seconded the motion and it was so voted. Chairman Ferguson and Mr. Potter arrived at the meeting at 9:00 o'clock. Letter was received from E. J. and Hazel B. Offer for Morrison offering $75.00 for the purchase of lot 311, lot. Farmhurst, Section 3, on Favm Crest Avenue. The Clerk informed the Board that the last assessment on the lot was $372.00. Mr. Potter said that he would like to look the lot over before taking any action on the matter and it was decided to hold the matter over until the next meeting. The Town Counsel appeared before the Board and stated Claim against that he had been trying to settle the case against the Holdway John Holdwaestate. The estate has some land for which estate, the sum of L200# has been offered. There is a mortgage of $500.00 on it held by a Waltham Bank. The Attorney for the estate says that there *re bills to b e paid and C�7 C he has offered $100. to settle the town's claim for aid rendered. Mr. Wrightington recommended that the offer be accepted and the Board voted to adopt his recommendation. At 9:00 o'clock, Mr. Robert Merriam, ffir. Raymond and the Town Counsel appeared b6fore the Board; regarding the Goodwin Estate development. Mr. Merriam submitted .a proposal to be considered in the future and a map show- ing street construction in Patriot's Drive. He said that he was putting in approximately 790 feet of 24 inch roadway with 16 inch excavation and deeper -1-f necessary, 12 inches -of gravel, 4 inches of coarse stone, asphalt, pea stone and an asphalt cover; 210 feet of 12 inch drain, 40 feet of 8 inch connections, 570 feet of sewer mains and 214 feet of sewer connections to the street line so that in the future services could be installed without tearing up the road; 500 feet of 8 inch water pipe and 170 feet of 6 inch water pipe; 820 feet of trench for the Edison and Telephone Co. services which will be underground. He said that the gas would be underground also. This work is being done in accordance with the plan originally .laid out by the Town Engineering Department dated lay 7th and the construction is being carried on in accordance with specifications of the town as drawn up by the Dept. of Public Works and dated March, 1937. The work is being done by two local contractors, R. H. Stevens doing street work and A. Ross & Son doing the underground work. Roland H. Barnes, C. E. is the engineer in charge of the .work and he has an inspector on the job all the time. All this construction will serve eleven lots with a frontage of approximately 1223 feet and a total area of 135,210 feet. Mr. Merriam said that he was very anxious to sell these lots with the understanding that all betterments were paid and included in the price and to Merriam that and he would like to propose for the Board's con- Developmed sideration, a method of handling this work in the future. That is, an agreement would be drawn up whereby he would turn over to the Town the w 9ter system for the difference between 11.80 per foot which is normally assessed as a water betterment, and the cost to him. He would turn over the sewer for 25% of the cost to him and the street at no cost to the Town. He thought the Town should pay 6he cost of the storm drainage system and felt that the Town should make no charge for the water and storm drainage connections between Patriot's Drive and Merriam Street. He thought the Town should agree to make no betterment assessments on the lots adjoining Patriot's Drive or if by law it is necessary to make assessments, that the Town abate them in full. Mr. Merriam said that Mr. Ross would be able to give figures as to what the ' job would cost him in a few days. Mr. Ross said that it was his idea that Mr. Merriam should come in tonight to see how this whole matter should be handled. The Town Counsel said that as he understood it, Merriam would construct the street in accordance with 486 �c the Town's specifications and the Town would accept it ata Town Meeting later on and Mr. Merriam said that his , understanding was correct. Mr. Wrightington said that he did not see but that that was all right provided Merriam gave the Town the regular easement. He said that the Town could not assess betterments unless there was a public improvement and there would be none here. Mr. Merriam said that it might be true that the Town would not care to buy the street until such time as it felt that there had been sufficient building in the development to bring in money in taxes. Mr. Merriam said that other towns had similar agreements signed, and the To Counsel said that he would be glad to see such an agreement as he knew that one Town Meeting could not bind another. Mr. Wrightington said that what he had in mind could be worked out but he did not see how an agreement could be worked out whereby he could guaranty his customers that future assessments would not be made. The Chairman said that another question was whether or not the Town could make the connection with the Merriam sewer without making some charge such an an entrance fee. The Town Counsel said that a house could be connected with the main sewer and he did not see why a private main could not be so connected. He thought the 'own would be playing safe by having Merriam pay the cost of the connection and Mr. Ross said that it probably would not cost more than $100.00. Mr. Merriam said that he did not think a matter of $100.00 would make much difference to him but he thought it should be included in the price when the Town taW a over the pipe. Both the Town Counsel and Mr. Merriam thought that when the Town voted to accept the stbeet, the pipes should be taken over by the Town. The Chairman said het hought the Town had the right to make the connection with the water main at no chw ge, the same as is done with water services, but he thought he should be charged for the sewer connection 0 onnection. Mr. Merriam said that one other thing hew anted to straighten o#t was the installation of catch basins and connecting pipes from the ncr therly side of Merriam Street to carry the surface water under the intersection of Patriot's Drive with Merriam Street. The Chairman asked if there was any reason why the catch basins could not be installed, and the Town Counsel said that he saw no objection. Mr. Raymond said that the drain Merriam was building was too 1b*- to connect with the Merriam Street drain and it would mean the reconstruction of the Merriam Street drain which would require an article in the warrant. Mr. Raymond said that it would mean that about 150 feet of drain pipe would have to be laid. Mr..Merriam said that the cross drain was the most important thing now and the Chairman said he did not see any reason why that could not be put in right away. Mr. Merriam said that it was his Space in Town Off ice Building. Vine Brook Drainage Committee Report. plan to build two or three houses on Patriot's Drive next. ' The Chairman asked if ,there would be any objection to installing a hydrant on Patriots Drive, and the,Town Counsel said that as a general rule a pdblic service could not be installed on private property. However, he said that he did not believe anyone would question it as ,it would be there for the use of the town. They retired. Mr. Roger Greeley appeared before the Board and submitted a plan for the revision of the office space in the Town Office Building. Mr. Greeley thought that the rdtioion would probably cost $2500. or $3000o in all and in answer to a question from Mr. Giroux, he said that an addition of about fifteen feet would cost about $10.,000,00. Mr. Raymond said that an addition of that size would merely take care of what was needed at the present time. Mr. Greeley said that an addition would only increase the lop -sidedness of this building if the general layout is considered. Mr. Ross asked if the present heating system was adequate to supply an addition and. Mr. Greeley answered in the affirmative but said that it would not take care of a building double this size. A new building on the other side of the Cary Memorial Building would cost about the same as this one, approx- imately $100,000.00. Mr. Greeley said that the plan he presented was, of course, a make -shift. The Chairman ' asked what Mr. Greeley thought of putting the inspectors and the higlvay and park offices in the Public Works Building, and Mr. Greeley said that perhaps that would be an inconvenience to the townspeople. He said he would rather see the inspectors put in the Cary Me= rial Build - Ing. He left the plan and said that if the Board wanted him to consider putting on an addition, he would be glad to make a further study. The Vine Brook Drainage Committee appeared before the Board and submitted copies of its report. The Chairman, William H. Ballard, said that the Appropriatim Comm$ttee had requested the Vine Brook Drainage Committee .to discuss its report on next Monday evening and he .asked what the Board thought of the idda. The Chairman said that before a Town Meeting was edlled, the report .should be printed and sent to the voters, and he saw no objection to the Committee meeting with the Appropriation Committee, Mr. Ballard said that his committee would be glad to meet with the Appropriation Committee and discuss the matter with them. Mr. Giroux moved that the Selectmen go on record as expressing their thanks for the efforts of the .Vine Brook Drainage Committee, Mr. Clark seconded the motion and it was so voted. The Committee retired. The Board discussed the matter and felt that it would be best to study the report before allowing it to become public and therefor, Mr. Giroux moved that the Vine Brook Drainage Committee be requested to defer any Space in Town Off ice Building. Vine Brook Drainage Committee Report. 488 meeting with the Appropriation Committee until further I notice. Mr. Potter seconded the motion and it was so voted. Mr. Ross moved that Charles W. Ryder be invited to Ryder meet with the Selectmen at his convenience to dis cus s casese the matter of settlement of the various drainage cases. Mr. Potter seconded the motion and it was so voted. Mr. Raymond informed the Board that he had no more information regarding the materia is for the Sewing Project than he had at the last meeting. He said that he had a letter from the W.P.A. authorities asking if the Town Sewing would buy the cloth. Mr. Giroux said that Mr. Mitchell Project, had informed the Board that the project was -going to be shut down and if that was to be done, he did not see any necessity of buying materials. It was decided to hold the matter over until the next meeting for further information as to the exact cost of the met erials and the number of Public Welfare recipients that would be taken care of if the project was continued. Mr. Raymond said that he wrote the Town Counsel and asked him what he could do with the Johnson bond, and Wrightington informed him -that -it -was the job of the Supt. of Public Works to enforce the agreement and he ' Johnson suggested that both Johnson and the Home Indemnity Co. bond. be informed that the agreement had been breached and that the Town intended to enforce its conditions. He said that if the Town did not get a satisfactory reply, it would have to bring suit. Mr. Ross moved that Mr. Ray- mond notify the bonding company in accordance with Mr. Wrightin gton's instructions. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that his attention had been called to a statement that it was the ixitention of the Town to fix up Fletcher Avenue across the railroad tracks. He said that there was a balance of $133.93 Fletcher unexpended of the $1500o appropriated for signals. Mr. Avenue Raymond asked if the Board desired him to start corres- pondence with the Railroad to see what they would be willing to do on the matter and how much it would cost. The pavement within the right of way is to be widened, gravel sidewalks up tothe rails are to be built, fences are to be removed and signs on the signal posts are to be raised sufficietitly so that they will not interfere with pedestrians passing along the,proposed sidewalks. Mr. Clark moved that Mise Raymond correspond with the railroad on the matter. Mr. Ross seconded the motion and it vas -so voted, ' Mr. Raymond said that the Leavitts at 1568 Mass. Ave. had complained about the high curbing and the narrow width between the two curved omtxWo of their driveway and have asked if the Town would out down the curb or Widen out the entrance. The Chairman suggested that the area be restricted for no parking. Mr. Ross moved that the curbing be out dom7. Mr. Potter seconded the'motion and it was so voted. Mr. Raymond reported that the W.P.A. authorities wanted to know if the Town would approve attaching stickers on all proposals stating that the sponsor would agree] to faro ish necessary funds to cover the cost of first aid, sanitation, equipment, transportation, etco for the projects now in progress, and another one stating that no taxes or assessments for improvements would be levied or assessed by the sponsor against abutters to cover the expenditure of Federal funds. The Chairman suggested that a list of the requirements regarding sanitation be obtained. Mr. Raymond said that there would be very little difference from what has been required in the past. Mr. Ross moved that the stickers be approved. Mr. Clark seconded the motion and it was so voted. Mr. Raymond informed the Board that he had received bids from Warren Custance, the Lexington Lumber Co, and Herbert M. Lawrence for painting supplies for the Town Office and Cary Memorial Buildings. Warren Custance was the low bidder. Mr. Raymond said that before he gave him the order, he would have it understood that any` material delivered that was unsatisfactory would be returned. Mr. Potter moved that the Supt. of Public Works obtain a bid from Edward H. Mara and that after this bid had been received, Mr. Raymond choose the concern from which he desired to purchase the supplies. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond informed the Board that he wrote J. Willard Hayden and told him about the vote of the Board authorizing the installation of two street lights on Shade Street, Mr. Hayden requested that later on after he hais completed his residence, that lights be installed at Shade Street which, in the judgment of the Supt., were necessary for proper lighting. Mr. Potter moved that street lights as recommended by the Supt. of Public Works at that time be installed.' Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that the Supt, of the Water Dept. had informed him that various plumbers in Town were violating the Water Dept, regulations in that they were installing water services without the approval of the Water Department. The plumbers skimp on depth and of course it is up to the Water Department to thaw out Curbing at Leavitt property. W.P.A. stickers. Pa int 9ng supplies Street Lights. Plumbers violating Water Dept Regula tioru Arm services in the winter. The Chairman suggested that the Water Dept, write the plumbers they believed to be violating the regulations and if they continued, that the matter be turned over to the Town Counsel for action. Dar. Ross moved that the Supt. of Public Works be authorl zed to install the water and sewer mains to the Water do property lines at the intersection of Patriot's (Drive Sewer to and Merriam Street, the charge of the water ebnnections Merriam to be charged to water services account and the charge property, for the sewer connections to be charged to sewer serf ices account, it being understood that Mr. Merriam is to reimburse the Town for the expense of making the sewer connection. Dar. Potter seconded the motion and it was so voted. Dar. Raymond informed the Board that fire insurance policy under blanket schedule in the amount of $14,ai00* being carried by Arthur A. Marshall & Son, expired on Insurance June 26, Mr. Clark moved that the policy be renewed through the same office for a five year period. Mr. Potter seconded the motion and it was so voted. Mr. Raymond explained that while doing some blasting �l on the Hardy t s Pond Brook some time ago, some s tone s were thrown up on the Duncan Barker house at 447 Concord Damage to Avenue which damaged the house. As soon as he heard Barber house. of the accident, he instructed Mr. Paxtdn to have the damage repaired and Walter Black went over there and did some work and apparently took care of the damages. After the next rain storm, Barker complained that his roof was leaking and being unable to reach Black, Mr. Raymond instructed Custanoe Bros* to repair the roof. Custance Bros, bill is $27.79. Mr. Clark moved that the bill be approved. Mr., Potter seconded the motion and it was so voted. Mr. Raymond asked approval of the rental of the highway grader at $25.00 per day, plus wages of the operator at 750 per hour, and roller at $15, per day Use of plus wages of operator. Mr. William Blare wants to use Highway the: equipment on Grant Street and R. H. Stevens wants grader and to use it on Utica Street, Mr. Ross moved that the use roller, of the grader be -allowed and that "the use of the roller be disapproved. Mr. Clark seconded the motion and it was so voted. The Board told Mr. Raymond that if he found that private contractors were too busy to rent their rollers, it would be all right to rent the town roller. Dir. Raymond reported that Mrs. George Burns of Burns claim. Lowell Street, Arlington, had accepted $76.16 in settlement of her claim for damages on account of Mill Brook blasting. He has written the Town Counsel �l asking for approval of the settlement of the claim for this amount and asked approval of payment of the bill provided the Town Counsel approved the settlement. Mr. Clark 'moved that payment of the bill be approved. Mr. Ross seconded the motion and it was so voted. Mr. Raymond asked if the Board wanted to talm any action on the Hayden Amendment. He had received from Boston two forms of telegrams to be sent to the Congress- man and Senators on the continuance of P.W.A. and he recommended that the Selectmen spend some money and send these telegrams. He thought that the P.W.A, would con- tinue only if the Hayden Amendment went through. Mr. Ross moved that the telegrams be sent and charged to the Unclassified Account, but the motion was not seconded. Mr. Clark moved that no action be taken. Mr. Giroux seconded the motion and it was so voted. Mr. Ross voted in opposition. Mr. Giroux asked approval of putting John J. Garrity in charge of the Cary Library grounds without pay and in charge of relief workers there until after July lst. Mr. Potter moved that approval be granted. Mr. Clark seconded the motion and it was so voted. The Chairman signed the warrant to be given to the Dog Officer relative to unlicensed dogs. Letter was received from William Roger Greeley' accepting his appointment to the Planning Board. Certificate of character for Stephen F. Hamblin and others, incorporators of the Lexington Field and Garden Club, was signed by the Board. 140 Continuance of P.W.A. Library grounds Unlic en sed dogs. Greeley acceptance Certe of character Upon motion of Mr. Ross, seconded by Mr. Potter., it waal voted to grant the following licenses: Licenses J. F McCarthy - 80 Bedford Street - Public Carriage George Holman - Hill Avenue - Slaughtering License George Holman - Hill Avenue - Slaughter House License The Board voted to approve and sign the following applications for Peddler's licenses: Peddlers' Theron H. Gough - 810 Waltham Street Licenses. Gene H. Luon go, - Pleasant Street Letter was received from the Town Counsel enclosing a form of article to be inserted in the warrant fort he Meady next Town Meeting covering the settlement of $500, made case with Ueady on his suit against the Town. Mr. Clark moved that the article be inserted in the warrant for the newt Town Meeting. Mr. Ross seconded the motion and it was so voted. 492 cri C� yC Board of Appeals order of findings granting J. Bd. of Appea]sWillard Hayden permission to erect and maintain cls ritable ' Orders. institutions for the care and support of children, etc* and to Thomas M. Montague to maintain an undertakerts establishment at 25 Depot Square, were received. Application for an Undertaker's License was received from Thomas M. Montague, Mr, Clark moved that Mr. Montague - Montague be informed that the Selectmen would be un- Undertakerts able to grant him an Undertaker's License until he had License complied with'tim condition of the Board of Appeals that the only signs advertising his business were to be erected on the premises at 25 Depot Square. Mr. Giroux seconded the motion and it was so voted. At the present time, he has a sign on his house at 21 Bedford Street. The Chairman said that John J. Garrity called him Use of and stated that the Boy Scouts wanted to hold a ceremony Common on at the Common on Flag Day, Mr. Ferguson told him it Flag Day, would be all right, and he asked approval for this authorization. Mr. Clark moved that the action of the Chairman be approved. Mr. Potter seconded the motion and 'it was so voted. Letter was received from the Town Clerk to which ' was attached a notice of claim of accident on the p3 rt of Mrs. Mabelle S. Appleton of 28 Lovell Place, Lynn, Accident Mrs. Appelton alleges that she suffered injuries as a claim, result of a defect in the sidewalk and curbing at the function of Mass. Avenue and Waltham Street in front of the Lexington Fruit Co. Mr. Clark .moved that the matter be turned over to the Town Counsel for action. Mr. Potter seconded the motion and it was so voted. The Board, acting as the Board of Health, discussed the case of Agnes Richards, who is a patient at the Middlesex County Sanatorium. Her father is employed as a fireman in the Town and earns $40o per week and her Richards broth8l? is working and pays board at home. The Board case* felt that there was sufficient income in the home so that Richards should pay for his daughter's expenses. Mr, Potter moved that Charles Richards be billed for the expenses of his daughter Agnes while she is in the Sanatorium, Mr. Giroux seconded the motion and it was so voted, Offices on Mr. Potter moved tis t the Town Offices be maintained Saturday with a skeleton crew on Saturday mornings during the mornings months of June, July and August, until after Labor Day. ' Mr. Giroux seconded the motion and it was so voted. Mr. Giroux asked that the Middlsex County Select- men's Association be allowed to use Cary Memorial Hall Use of on Saturday afternoon, Sept. 25th, for a meeting, and fcr Hall. a dinner in the evening. Mr. Potter moved that the use of the hall be granted free of charge. Mr. Ross seconded the mo tion and it w as s o vot ed. The Welfare Agent discussed welfare matters with the Boa rd, Welfare The mseting adjourned at 11:40 P.M. A true record, Attest: Clerk.