HomeMy WebLinkAbout1937-07-06 518
SELECTMEN'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. Y. 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 garage 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. Cfark 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
applicationddof Eugene M. LaRose for permission to maintain
capacityr rfo detiundre ga�lons°ra 19 or11in in th g
�ht . Lexn ton.
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Mr. LaRose 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-Concord Highway southwesterly side, commencing at pole 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 'hairman 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,
and Mr. Kimball said that he would be glad to bring up the
matter. They retired.
Mr. Ro§s 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 'loom. Mr. Potter seconded the motion, and it was so Fan for
voted. Messrs . Clark and Giroux wished to be recorded in Selectmen
opposition.
2he 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. Seaman' 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 toard. 'he Chairman
said that he wanted to discuss Hibbert Street drainage . A
vote was passed over a year ago providing for the construe-
' tion of Hibbert Street when Arlington constructed that part
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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
ibberin to pick up the drain at the line and take it down Hibbert
St.draStreet 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
landpark Selectmen about it first, in case they wanted to add to the
piece purchased by the Town last year. Mr . Ballard thought
that the land would be available at y400. 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 firrured it would cost about 4100. to take borings
Vine and to deitermine 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.
Mr. Raymond said that "m. A . Coakley, provisional
PlumbingInspector, had submitted a bill for $4.00 for
Coakley automoble 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.
Mr. Raymond read a letter which he had received from
Clayton F. Beach 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- fobs could be given out when the call came. He suggested
ployment that an advertisement be inserted in the paper so that
bureau everyone would know of the bureau. `1'he Chairman said that
suggestedauhe did not believe the Town could do this without a special
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 Water Department was getting
low on work. Next week it probably will be necessary to take
Work for four or five men over on the HiThway Dept . , Leaving about
Water Dept . fifteen in the Water Dept . Sherman Street is almost done,
and this is the last of the Water Replacement jobs.
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Mr. Raymond said that two filtering catch basins were
put in East Street last winter, and he thought they would
take care of the drainage situation there for some years to
come. He said that the scarifying of East Street was not
included in the appropriation. The Highway Dept. has used
about 6600. 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 01800. East St.
or so left in the appropriation for emergency work, and
Mr. Raymond would like to take about 61200. 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. kr. Potter
moved that the matter be laid on the table for the time being.
Mr. 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 Records and Sanseverino
did not see Sanseverino' s name mentioned, but did see where claim a/c
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 Al 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 itvas so voted.
Mr. Raymond 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 Clematis Brook. He has fur- Clematis
nished the Town Counsel with some information on the matter, Brook
and he in turn has written the State Dept. of Mental Lis-
eases on it ?
Mr. Raymond informed the Board that y1. H. Hannam of
23 Lincoln Street 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 $125. for repairing the damages, claims
and Simonds has received an estimate of i,.85. for repairing
his damages. The claims were filed some time ago, and an
examination of the properties was made on Oct. 8, 1936, and
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another on May 1, 1937. Mr. Raymond asked a local con-
tractor to 'o up and make an examination, 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 xre very much exaggerated. Mr. Ross moved that
no action be taken. Mr. Potter seconded the motion,
and it was so voted.
Mr. Raymond said that he had sent a notice to
Harry Johnson and another to the Indemnity Co. claiming
a damage of V00. 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
Johnson supposed to do, and Mr. Raymond told him he was wasting
bond 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.
Mr. Raymond said that he had received an estimate
from the railroad, and they will install flanged rails,
etc. for $90. , at Fletcher Avenue, provided the Town
will supply the concrete and crushed stone, and remove
Fletcher the barriers . He brought this up now to see if the Board
Ave. wanted to transfer the $ 100. balance in the appropriation
crossing 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 theyhad allotted 6,600. for the
improvement of Waltham treet 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 $700. 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 Avenue.
Mr. Raymond said that they had hoped to have $9,000.
for Ch. 90 maintenance, and if they had only 58,100 available,
they would have to curtail their plans somewhat.
An estimate 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 $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 44,000. from the County, the Town Chapter 90
need furnish only $4,000. , and with this amount, there will allotments
be $14,600, available, and Mr. 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 41,000. for Ch.
90 work on Watertown Street , provided the State allotted
41400. and the County .4)1,000. Mr. rotter 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. ants the County allotted .4,4,000. Mr. Potter seconded
the motion, and it was so voted.
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 Public Works. Mr. rotter seconded the motion, and
it was so voted.
ApplLcation was received from the Lexington Council,
P. T. A. , for the use of Gstabrook Hall all day on Tuesday, Use of Est.
September 14 1937, for the purpose of holding a "School of
Instruction.' Mr. Giroux moved that the use of the hall be Hall
granted on' that day free of charge . Mr. Potter seconded
the motion, and it was so voted.
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It was decided to meet at 3:30 in the afternoon on
Afternoon regular meeting days to dispose of regular business, and
Meetings. to return in the evening for hearings . Phis is to last
during the summer only.
The Chairman informed the Board that the employees
of the Lovell Bus lines 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. the 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.
Letter 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 . Palling Tahre of 37
Wellington Lane Avenue caimina ddamaes because of the
deepenng and widening o , emtitis gook. e claims
that because the town put rocks on her land, she cannot
lease it for hay, and has lost .W105. to date. She wanted
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to know why the rocks and gravel had not been removed from
her property. She said that she was not trying to get any
money for the land, but wanted the rocks removed. Mr. Giroux Tahre
moved that the Chairman answer the letter in any way he claim
wished after consulting Mr. Raymond. Mr. Ross seconded the
motion, and it was so voted.
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.
Application for a Sunday Sales License was received
from Clarence E. Macthee 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.
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:
Clerk