HomeMy WebLinkAbout1937-07-06SELECTMEN'S MEETING
July 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 and Messrs. Potter, Ross, Clark
and Giroux were present. The Clerk was also present.
At 7:30 P. M. the Welfare Agent appeared and dis-
cussed Welfare matters with the Board.
At 8:00 P. M. hearing was declared open upon the
application of William M. Hall to maintain a one car
Hall garage at 1357 Mass. Ave., Lexington. Mr. Hall appeared
garage and presented a plan of the proposed garage. Mr. Clark
hearing 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 8:02 P. M. hearing was declared open upon the appli-
cation of John Maclean to maintain a two car garagp, at the
MacLean corner of Ivan and Bernard Streets, Lexington. Mr. Mac -
garage Lean appeared and presented a plan of the proposed garage.
hearing Mr. Ross moved that the permit be granted subject to
the approval of the Building Inspector. Mr. C Lark seconded
the motion, and it was so voted.
At 8:04 P. M. hearing was declared open upon the
application of Hosanna V. Andrews for permission to
maintain a one car garage at 10 Hill Top Avenue, Lexington.
Andrews Mr. Alfred E. Remick, the builder, appeared and presented
garage a plan of the proposed garage. Mr. Clark moved that the
hearing permit be granted subject to the approval of the Building
Inspector. Mr. Giroux seconded the motion, and it was so
voted.
At 8:06 P. M. hearing was declared open upon the
application of Louis VanderWoude for permission to main-
VanderWoude tain a one car garage at 37 Baker Avenue, Lexington. Mr.
garage Vanderwoude appeared and presented a plan of the proposed
hearing. garage. 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 8:10 P. M. hearing was declared open upon the
application of Eugene M. LaRose for permission to maintain
capacPtyrrfodetiundre ga�lons°ra i69or11in in th g
�ht. Lexn ton.
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The Chairman said that the Town Counsel had telephoned
him and stated that R. L. Ryder was very much disturbed be-
cause of the action that Mr. Wrightington had taken in
Mr. 6camman's name on the Sherburne lot, and on some land
on Waltham Street. Ryder wants to sell some of this land, Ryder's
and cannot because Wrightington has tied it up. Ryder now offer to
wants to give a bond, which he can do, but he wants to have file bond
Minnie Ryder alone as a surety, and she is a defendant in
one of the eases. Mr. Giroux moved that the Board refuse
to accept Ryder's offer to furnish a bond. Mr. Clark second-
ed the motion, and it was so voted.
Mr. Raymond appeared before the Board. 'he Chairman
said that he wanted to discuss Hibbert Street drainage. A
vote w&s passed over a year ago providing for the construc-
tion of Hib'bert Street when Arlington constructed that part
Mr. LpRose appeared in favor of the granting of the
'
permit. Mr'. Potter moved that the permit be granted, subject
LaRose
to the approval of the Chief of the Fire Dept. Mr. Giroux
garage
seconded the motion, and it was so voted.
hearing.
At 8:15 P. M. hearing was declared open upon the app-
lication of the N. E. Tel. & Tel. Co. & the Ed. Elec. Ill.
Co. for permission to maintain joint pole locations on the
Cambridge
bole
-Concord Highway southwesterly side, commencing at
loca-
a point approximately 79.5 feet northwesterly from Spring
tion
Street and extending northwesterly approximately 134.0 feet
hearing
and 266.0 feet respectively, three poles.
Mr. Campbell of the telephone company appeared in
favor of the granting of the petition.
Mr. Clark asked why the poles were installed before
the Town's approval was received, and he stated that evi-
dently the State wanted the poles put in before the read
was completed. Mr. E. W. Kimball was present as a repre-
sentative of the Planning Board. He said he thought that
the poles were set up too close to the street, but that
there was nothing that the Planning Board would object to.
He thought that the line was as little obtrusive as any poles
on the highway. The Uhairman said that he thought the towns
could not stop the public utilities companies from erecting
poles. Mr. Giroux suggested that the Planning Board discuss
the matter of pole locations along the new Concord turnpike,
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and Mr. Kimball said that he would be glad to bring up the
matter. They retired.
Mr. Rolls moved that the permit be granted. Mr. Potter
seconded the motion, and it was so voted.
Mr. Ross moved that a fan be purchased for the Select-
men's Room. Mr. Potter seconded the motion, and it was so
Fan for
voted. Messrs. Clark and Giroux wished to be recorded in
Selectmen
opposition.
The Chairman said that the Town Counsel had telephoned
him and stated that R. L. Ryder was very much disturbed be-
cause of the action that Mr. Wrightington had taken in
Mr. 6camman's name on the Sherburne lot, and on some land
on Waltham Street. Ryder wants to sell some of this land, Ryder's
and cannot because Wrightington has tied it up. Ryder now offer to
wants to give a bond, which he can do, but he wants to have file bond
Minnie Ryder alone as a surety, and she is a defendant in
one of the eases. Mr. Giroux moved that the Board refuse
to accept Ryder's offer to furnish a bond. Mr. Clark second-
ed the motion, and it was so voted.
Mr. Raymond appeared before the Board. 'he Chairman
said that he wanted to discuss Hibbert Street drainage. A
vote w&s passed over a year ago providing for the construc-
tion of Hib'bert Street when Arlington constructed that part
ME
of the street within the confines of the Town of Arlington.
He said that there was a'drain in Hibbert Street being built
Hibbert by the Town of Arlington, and that Town would like Lexington
St.drain to pick up the drain at the line and take it down Hibbert
Street to connect with the drain in Mass. Ave. Mr. Raymond
said that if there was a drain in Mass. Ave. it did not
belong to the Town of Lexington, or at least there was no
record of it. Mr. Clark moved that the matter be turned over
to the Supt. of Public works for investigation and report.
Mr. Potter seconded the motion,,and it was so voted.
Mr. W . H; Ballard appeared before the Board relative
to the Kinneen land on Burlington St. He said that Mr.
Kinneen was going to sell all of the land with the exception
Kinneen of the piece on which his house is built. He has told Mr.
Ballard to sell it, and he thought it best to tell the
park Selectmen about it first, in case they wanted to add to the
land piece purchased by the Town last year. Mr. Ballard thought
that the land would be available at 4'400. per acre, and
there are eight acres in which he thought the Town would be
interested. Mr. Ballard retired. Mr. Potter moved that
the matter be laid on the table. Mr. Ross seconded the
motion
and it was so voted.
The Board discussed Vine Brook drainage. Mr. Raymond
said he fiPured it would cost about 4100. to take borings
Vine and to determine the location of the right of way along the
Brook line of the proposed improvements. Mr. Giroux moved that
Mr. Raymond be authorized to have this work done. Mr'. Ross
seconded the motion, and it was so voted.
IJIr. Raymond said that "m. A. Coakley, provisional
Plumbin Inspector, had submitted a bill for $4.00 for
Coakley automobile allowance for the month of June, and at that -rate,
car allow- there would not be enough money for the year, because the ex
ance penses were set at only 450.00. Mr. Potter moved that the
bill be approved for payment. Mr. Giroux seconded the motion,
and it was so voted.
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Mr. Raymond read a letter which he had received from
Clayton F. f each suggesting that the Town establish a free
employment bureau, in view of the WPA layoff. He suggested
that more information could be obtained from the men, and
Free em-
jobs could be given out when the call came. He suggested
that an advertisement be inserted in the paper so that
ployment
everyone would know of the bureau. The Chairman said that
bureau
he did not believe the Town could do this without a special
suggested
vote of the town. Mr. Giroux suggested that the matter be laid
on the table and that the opinion of the Town Counsel be asked
in the matter, and it was decided to do this.
Mr. Raymond said that the ',dater Department was getting
low on work. Next week it probably will be necessary to take
Highway Dept., Leaving about ,
Work for
four or five men over on the
in the Water Dept. Sherman Street is almost done,
Water Dept.
fifteen
and this is the last of the Water Replacement jobs.
W.
Mr. Raymond said that two filtering catch basins were
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put in East Street last winter, and he thought they would
take care of the drainage situation therefor some years to
come. He said that the scarifying of East Street was not
Included in the appropriation. The Highway Dept. has used.
about $600. of its appropriation for emergency work, and
this was used because there was not enough money in the Park
Drive appropriation. Some of it was used on Winthrop Road
beyond the junction of Highland Ave. there is about $1800.
East St.
or so left in the appropriation for emergency work, and
Mr. Raymond would like to take about 01200. of it to fix up
East St.
The Chairman said that this work on East Street was
included in the original Highway Dept. budget, and after dis-
cussion, it was taken out. He thought that if the funds were
taken for this that were allotted for emergency work it would
be going against the wishes of the Appropriation Committee
and the Selectmen. He said he realized that the work should
be done, but inasmuch as it was not included in the budget,
he thought the Board should not authorize it, T,r. Potter
moved that the matter be laid'on the table for the time being.
Yr. Ross seconded the motion, and it was so voted.
Mr. Raymond said that while Genaro Sanseverino was
working on Mill Brook the winter of 1936, he claims that he
lost a saw when the tool houses were broken into. He said
that he looked up the matter in the Selectmen's hecords and
Sanseverino's but did where
Sanseverino
claim a/c
did not see name mentioned, see
one man was reimbursed for some tools that were stolen*
stolen saw
Mr. Ross moved that no action be taken on the matter. Mr.
Potter seconded the motion, and it was so voted.
Mr. Raymond reported that fire insurance policy under
blanket schedule in the sum of $15,000 expired through the
Insurance
office of AI A. Marshall & Son on July 16th. Mr. Clark
renewed
moved that the policy be renewed through the same office.
Mr. Giroux seconded the motion, and 5.tvas so voted.
Mr. Reymond informed the Board that the Miskell's
kiskell's
were claiming damages to their property on account of flood-
claim a/c
ing during the improvement of Olematis Brook. He has Par-
Clematis
nished the Town Counsel with some information on the matter,
Brook
and he in turn has written the State Dept. of Mental Dis-
eases on itf
Mr. Reymond informed the Board that a. H. Hannam of
23 Lincoln treet and A. H. Simonds of 31 Lincoln Street had
filed claims for damages on account of blasting on Lincoln
Hannam and
Street in 1P36. Hannam has received an estimate from a
Simonds
contractor in Medford of 4125. for repairing the damages,
claims
and Simonds has received an estimate of 085. for repairing
his damages. The claims were filed some time ago, and an
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examination'of the properties was made on Oct. 8, 1936, and
522
Johnson
bond
Fletcher
Ave.
crossing
another on May 1, 1937. Mr. Raymond asked a local con-
tractor to go up and make an-ex&mination, which he did,
but gave only an oral report. From what the contractor
told Mr. Raymond, and what he himself knows of where
they were blasting at certain times, he feels that the
claims ure very much exaggerated. Mr. Ross moved that
no action be taken. Mr. Potter seconded the motion,
and it was so voted.
t'Ir. Raymond said that he had sent a notice to
Harry Johnson and another to the Indemnity Co. claiming
a damage of $200. to June 8, 1937 on the Brick Village
development. Johnson called on Mr. Raymond and started in
to tell him that he had done everything that he was
supposed to do, and Mr. Raymond told him he was wasting
his time. Johnson then told Mr. Raymond that if he
had to do the work, the Town would pay for it. Mr. Giroux
moved that the matter be turned over to the Town Counsel
and that the bond be enforced. Mr. Ross seconded the
motion, and it was so voted.
Yr'. Raymond said that he had received an estimate
from the railroad, and they will install flanged rails,
etc. for 4`90. , at Fletcher Avenue, provided the Town
will supply the concfete and crushed stone, and remove
the barriers. He brought this up now to see if the Board
wanted to transfer the $100. balance in the appropriation
of $1500. originally made for fixing up the crossing.
Mr. Giroux moved that an article be inserted in the warrant
for the next town meeting to see if the Town will vote
to transfer this money. Mr. Potter seconded the motion,
and it was so voted.
Letter was received from the County Commissioners
requesting that Lexington communicate with them on
account of the reduction of approximately 30% in Chapter
90 allotments by the State Dept. of Public Works.
Letter was received from the State Dept. of Public
Works advising that they had allotted $2,100 for the
maintenance of Chapter 90 roads in Lexington on con-
dition that at least $3,000. shall be contributed by the
Town and $3,000. by the County.
Letter was received from the state Dept. of Public
Works advising that the had allotted 6,600. for the
improvement of INaltham Street on condition that at least
$3,300. shall be contributed by the town and 3,300. by
the county.
Letter was received from the State Dept. of Public
Works advising that they had allotted $1,400, for the
improvement of Watertown Street on condition that at least
$700. shall be contributed by the town and 1700. by the
county.
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Letter was received from the Supt. of Public Works
advising that he had called on the County Engineer relative
to the allotments to be made for Chapter 90 work this year:
He said that the Commonwealth allotments for Ch. 90 con-
struction were considerably larger than was anticipated
when the vote was passed at the Town Meeting, and, with the
funds appropriated by the Town and allotted by the Common-
wealth and the County, he thought that there would be ample
funds to carry out the construction of Watertown Street as
proposed, for a distance of about 250 to 300 feet beyond the
new highway, and do all the work proposed on Waltham Street
between B lossomcrest and old Concord -venue.
Mr. Raymond said that they had hoped to have X9,000.
for Ch. 90 maintenance, and if they had only $8,100 available,
they would have to curtail their plans somewhat.
An e4timate of 43,000. had been made for Watertown
Street construction. With all of the allotments and the
Town appropriation, he thought a portion somewhat longer than
was anticipated could be built with the w'3,400. available.
The estimate for Waltham Street construction was
14,000. The allotments plus the appropriation amount to
15,300., and he thought that this was more than was needed.
In order to bbtain the $4,000. from the County, the Town
need furnioh only $4,000., and with this amount, there will
be $14,6004 available, and lir. H^ymond said that he thought
that would'be ample.
Mr. Giroux moved that the Town approve the expenditure
of $3,000. for Ch. 90 maintenance provided the State allotted
$2100. and the County 43,000. Mr. Potter seconded the motion,
and it was so voted.
Mr. Giroux moved that the Town expend $1,000. for Ch.
90 work on Watertown Street, provided the State allotted
1400. and the County �Pl,000. Mr. cotter seconded the motion
and it was so voted.
Mr. Giroux moved that the Town contribute $4,000. for
Ch. 90 work on Waltham Street provided the State expended
$6,600. ana the County allotted ve4,000. Mr. Potter seconded
the motion, and it was so voted.
523
Chapter 90
allotments
Letter was received from M. J. Dalton, Senior Civil
Engineer, advising that no restrictions are to be made as Concrete
to the type of bituminous concrete to be used on Chapter 90 for Ch.90
work. Mr.'Giroux moved that the matter be referred to the work
Supt. of Pyiblic ,,Yorks. Mr. Potter seconded the motion, and
it was so voted.
Application was received from the Lexington Council,
P. T. A., for the use of Gstabrook Hall all day on Tuesday,
September 14 1937, for the purpose of holding a "School of
Instruction,' Mr.- Giroux moved that the use of the hall be
granted on'that day free of charge. Mr. Potter seconded
the motiony and it was so voted.
Use of Ept.
Hall
524
It was decided to
Afternoon regular meeting days to
Meetings. to return in the evening
during the summer only.
meet at 3:30 in the afternoon on '
dispose of regular business, and
for hearings. This is to last
The Chairman informed the Board that the employees
of the Lovell Bus sines were on strike. He said that
the Selectmen had granted this company a permit upon its
Lovell bus own request, and the granting of the permit did not
strike guarantee service. He said that if the company did not
operate in accordance with the permit, the Selectmen
could revoke it. Mr. Potter moved that the opinion of the
Town Counsel be obtained in the matter. Mr. Giroux
seconded the motion, and it was so voted.
Request was received from the Secretary of State for
Yelland a certification of characted on Irving W. Yelland of 35
statement Downing Road, Lexington, one of the incorporators of the
of charac- S. D. A. Layman's Benevolent Association of New England,
ter Inc. Mr. Ross moved that the Selectmen endorse Mr. Yel-
land's character. Mr. Potter seconded the motion, and it
was so voted.
Letter was received from the State Department of
Agriculture advising that Section 145A, Ch. 375 of the
Rabies Acts of 1937 transfers the cost for antirabic treatment ,
treatment of humans from the counties to the town where the person
treated was exposed to rabies, if the dog inflicting the
injury was not licensed.
Letter was received from the Town Clerk to which was
attached copy of Ch. 28, G. L., approved May 18, 1937.
Hardy Pond This act provides for a study of the best means of remedy -
pollution ing the pollution of Hardy Pond, together with an estimate
of the cost of same. 1$e report is to be filed before
Dec. 1, 1937.
Letter was received from the Town Counsel relative
Brown case. to the case of Lexington V. Roger W. Brown, stating that
the court had entered a decree in favor of the town. Brown
has twenty days in which to claim an appeal to the Supreme
Judicial Court.
Latter was received from the New England Council
Laws re: containing the By Laws and Ordinances regulating trailers
in the Town of Dennis. The Clerk was requested to make a
trailers copy of the regulations for each member of the Board.
Letter was received from Mrs. Pauling Tahre of 37,
Welliniton L ne Avenue cja6 in? ddamgg bee se if the
deepen ng an widening o ematis ook. e c aims
that because the town put rocks on her land, she cannot '
lease it for hay, and has lost 4105. to date. She wanted
' to know why the rocks and gravel had not
her property. She said that she was not
money for the land, but wanted the rocks
moved that the Chairman answer the letter
wished after consulting Yr. Raymond. Mr.
motion, and it was so voted.
been removed from
trying to get any
removed. Mr. Giroux Tahre
in any way he claim
Ross seconded the
Notice was received from the State Dept. of Public Works
of the application of the Connelly Outdoor Advertising Co. Billboard
for permission to erect a billboard on Mass. Ave. opposite denied
Sylvia Street. Mr. Potter moved that the application be
denied. Mr. Ross seconded the motion, and it was so voted.
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Application for a Sunday Sales License was received
from
Clarence E. Macrhee of 14 Baker Avenue. Mr. Clark
McPhee Sun -
moved that the permit be granted. Mr. Potter seconded the
day Sales
motion,
and it was so voted.,
License
Letter was received from W. H. Ballard requesting
Vine Brook
that
the Selectmen return the four additional copies of the
Drainage
Vine
Brook Drainage Committee reports.
reports
Letter was received from Amer A. Lord & Co. suggest-
ing
that in view of the increased cost of construction,
that
a review of the appraisal made in 1935 be made. Mr.
Ross
moved that an estimate of the cost of this be obtained.
Mr.
Potter seconded the motion, and it was so voted.
.d
Commitment of water liens in the amount of $34.67
was
signed by the Board.
Commitment
The meeting adjourned at 10:30 P. M.
A :true record, Attest:
�
C lark
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