HomeMy WebLinkAbout1937-10-051
SELECTMEN16 MEETING
Oct. 5th, 1937.
A special meeting of the Selectmen was held in the
Selectments Room, Town Office Building, at 3:30 P.M.
Chairman Ferguson, Messrs. Potter, Clark and Ross were
present. The Clerk was also present.
At 3:30 P.M., Mr. James J. Carroll, Town Clerk,
appeared before the Board for the drawing of two jurors
for the criminal session at Cambridge beginning November
1st, 1937. Paul Whipple, shoe salesman of 15 Belfry
Terrace and Frank A. Faulkner, carpenter, of 68 Winter
Street, were the jurors drawn.
The Supt. of Public Works appeared before the Board.
He stated that the matter of hold-up insurance had been
held over from the last meeting. The cost of this insur-
ance is $45.00 per year and $112.50 for three years. Mr.
Clark moved that no action be taken on the matter. Mr.
Potter seconded the motion. Messrs. Ross and Ferguson
voted in opposition, so the motion was not carried. It
was decided to hold the matter over until Mr. Giroux was
present.
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Jurors.
Hold-up
insurance
It was decided to hold the matter of discussing the
10% increase in valuations on Town Buildings over until Insurance
the next meeting when Mr. Willard C. Hill will be present.
Letter was redeived from the Supt. of Public Works
containing information in regard to the excavation which
has been done along the northerly side of Follen Road in
the vicinity of Lexington Avenue and westerly therefrom.
The material has been removed to a depth of 180 feet and
some material has been excavated from private land and
some filling has been placed on private land. Mr. Raymond
said that 60 cubic yards of material were excavated to
facilitate the grading of Lexington Avenue, a private way,
and 223 cubic yards of excavation were removed in front
of private property to bank the shoulder of the road down
to a proper grade within the limits of the Follen Road
right of way. Mr. Raymond said that this removal of 223
cubic yards of material constituted part of the work which
should he done to improve Follen Road by grading the
shoulders to eliminate obstructions to the view on curves,
to provide more adequate space for pushing back snow and
to reduce the tendency of snow drifting in between the
high embankments. The records of the Selectmen's Meeting
of October 17th and September 7th relative to the Follen
Road matter were read by the Chairman. The Chairman said
that he understood then, that part of the work was in
Follen Rd.
grading
!U
Anderson
claim,
connection with Lexington Avenue coming out on Follen
Road, and Mr. Raymond said that it was.
The Chairman read a letter which Mr. Raymond had
written to the Town Counsel on the matter and also read
the Town Counsel's reply. Mr. Wrightington said that
the Town did have the right to spend money for such work
if it is done within the highway limits but it is not
required to do more than make the, way, including the
sidewalk, safe for travel. However, it may, as an
incident of such work, do things which improve the
appearance as well as the safety of the way.
It was decided to discuss the matter with the Town
Counsel at the evening meeting.
Mr. Raymond informed the Board that William Anderson
of Lee Avenue had a grievance outside of his water ser-
vice. When the wall was built along Mill Brook for a
distance of twenty feet, it was built partly along his
land. Anderson had a well, the bottom of which was about
one and a half feet below the old brook bed, but now the
bottom is about one foot above the present brook channel.
He states that in cold w3ather, his water service usually
freezes up and he could go to this well and get water, but
since the channel has been built, he cannot get it there.
Mr. Wrightington said that the overdue water bills had not
been turned over to the Town Counsel. Anderson has sent
In a couple of letters which Mr. Raymond read. These
letters explained his grievances. The Chairman remarked
that Anderson did not tell the whole story as he neglected
to say that Mr. J. A. Ross had gone down there and told
him what the trouble was and how much it would cost for
a new service to remedy the situation, etc. and that
Anderson would not have any work done. After that, the
Selectmen authorized the installation of a pit meter.
Anderson had asked Mr. Martin, his neighbor, if he would
agree to an extension of the water main, and Martin said
he would not as he was being adequately taken care of
through a three inch main. Mr. Raymond said that he
could find no record of this three inch main. The Chairman
said that Mr. James Irwin probably could tell him who put
in the main as he built Martin's house.
Mr. Potter moved that the matter beturnedover to
the Town Counsel for settlement. Mr. Ross seconded the
motion, and it was so voted.
Mr. Raymond informed the Board that he would like to
discuss the matter of metering the water used by R. H.
Water used Stevens for the steam shovel digging in the pit on Maple
by shovel. Street. This shovel is excavating for material which is
being sold to the Town. The water that has been used
for the shovel has not been metered. Mr. Raymond said
that it was not a question of the amount of water used,
but of the amount wasted as they have found it running
on various occasions. Mr. Raymond did not think that
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r",
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Man at
Adams
School.
Loam for
playground.
there was any question but that it would cost more to keep
'
track of the water than the bill would amount to. If this
water is metered, the question would come up as to whether
or not the Highway Department should be charged for water
and if any of the departments should be charged for water
used on construction work.
The Chairman thought it would be better to charge a
contractor a certain amount each day while the shovel was
being used and said that this system was used in Boston.
He wondered why Mr. Raymond could not use his own judgment,
that is, when a shovel was being used in a pit to meter
the water and when one was being used on the highway, to
charge a flat rate.
Mr. Raymond said that there was another angle to the
matter. The people on Maple Street have been complaining
of rusty water and Mr. Ross believes that the water which
is being used in the pit may be the cause of the complaints.
Mr. Ross suggested that Mr. Raymond submit to the Board his
recommendation on the matter.
Mr. Raymond reported that Mr. Grindle had requested
that a man be sent down to the Adams School to put in
three days a week work to keep the playground up. Mr.
Grindle talked to Mr. Mitchell about it who said that
there was a man on the Welfare Department qualified to do
this work. Bir. Potter asked if this would be a regular
'
thing, and Mr. Raymond replied that he would judge it to
be a steady job. The Chairman thought than an able-bodied
man would be more valuable to the Town in some other way.
Mr. Potter remarked that they had two janitors at the
school. 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 Mr. Garrity would like to
haul peaty loam from the reservoir grounds to be spread
on the loam that has already been spread at the playground.
This would mean hiring trucks, and Mr. Raymond believed
that the expense would be comparatively high for the ser-
vice.the Town would get out of it. His idea of the best
place to put the crew of welfare men was at the wells on
Lincoln Street. Mr. Raymond thought that about 500 yards
of loam would be needed but he doubted if there were more
than 200 yards there. The Chairman thought the best thing
to do would be to go in on the reservoir grounds with a
shovel and take off the loam and dump it at the playground
to be spread by the welfare men. Mr. Raymond said that he
was surprised that Mr. Garrity wanted to get this material
in there so soon. The Board instructed Mr. Raymond to
talk the matter over with Mr. Garrity and bring it up again
1
at the next meeting and to put the men on the wells in the
meantime.
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Man at
Adams
School.
Loam for
playground.
22
V
Mr. Raymond reported that the Kelley Coal Co. would
Sheridan sign a release in connection with the Sheridan Street '
Street drain.drain. Mr. Ross moved that the Selectmen approve Mr.
Raymondfs obtaining such a release. Mr. Potter seconded
the motion and it was so voted.
Mr. Raymond reported that he attended the hearing
on Chapter 90 projects on Sept. 30th and presented as
projects the construction of Walnut, Bedford and Woburn
Streets and Watertown Street if Belmont goes ahead with
its part of it. However, the County Commissioners do not
favor more than two projects per year. After being re-
quested to state a preference, Mr. Raymond said that the
Town would request the construction of Bedford and Woburn
Chapter 90 Streets. In view of this, he wondered if the Board wanted
Projects. to make a supplementary,request for more funds rather than
limit the request to $20,000.00. The Chairman asked what
the Town had been requesting in the past. Mr. Raymond
said that this year a little less was requested but a
great deal more was requested for Lincoln Street. Mr.
Raymond said that no representative of Belmont was present
at the hearing so he could not say whether or not they
were going to go ahead with Watertown Street.
Mr. Clark moved that the reconstruction of Bedford
and Woburn Streets be requested and that the sum of
$10,000.00 be requested from the State and County for
each street. Mr. Potter seconded the motion and it was
so voted.
Mr. Raymond said that last week he told the Board
that he was not going to spend the $405. appropriated for
equipment for the Public Works Building. D. F. Ross is
going out of business and has equipment which can be
purchased very reasonably. An electric drill can be
purchased for $240.00, a grease gun for $10. and these
are the two items that he asked the $405. for, but he
Equipment, could not go out and buy them now for this amount. He
has an air compressor for tire work, a paint spray outfit
and a Moster grease gun outfit. Mr. Ross's asking price
for these items it $425.00 but he will accept $405. if
the Town will buy them all. Mr. Raymond said that the
equipment cost Ross over $700.00 when new a little over
one year ago and it looks to be in very good condition
now. Mr. Raymond thought it would be a very good invest-
ment. The Chairman said that if we needed the equipment
and if it was a good buy and funds were available, it
should be purchased.
Mr. Potter moved, that the equipment be purchased for
$400.00. Mr. Clark seconded the motion and it was so voted.
Mr. Raymond reported that a fire insurance policy in
the amount of $20,000. expired through the office of E. B.
Worthen on October 18th and another policy expired through
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the same office on October 25th. Mr. Potter moved that
the policies be renewed through the same office for a Insurance
period of five years. Mr. Ross seconded the motion, and
it was so voted.
Mr. Raymond asked if the Board wanted to authorize
the installation of street lights in Fairview Avenue and Street
Spencer Street. Cdr. Clark moved that the installation of lights.
these lights be authorized. Mr. Potter seconded the
motion and it was so voted.
Mr. Raymond reported that he had a request for the
extension of a water main in Colony Road for a distance
of 150 feet. Mr. Potter moved that the installation of Water
a six inch main for this distance be approved. Mr. Clark Eltensions
seconded the motion and it was so voted.
Mr. Raymond reported that he had received a request
for the installation of 275 feet of six inch water main
in Liberty Avenue. Mr. Potter moved that the installation
be approved. Mr. Clark seconded the motion and it was so
voted.
Mr. Raymond reported that after these installations
had been made, there then would be about $300. in the
Water Construction, Sundry Streets account.
' Upon motion of Mr. Potter, seconded by Mr. Clark,
it was voted to adopt the following sidewalk orders:
LOCUST AVENUE
October 5th, 1937
KNOW ALL MEN BY THESE PRESENTS:
That the Board of Selectmen and Public Works of Lex-
ington, Massachusetts, in regular session duly assembled
on the 5th day of October, 1937, did adopt an order for
the construction of a granolithic sidewalk on the south-
easterly side of Locust Avenue, a public way in said Town Sidewalk
of Lexington, at property at 26 Locust Avenue, and as Orders.
designated by Engineer's stakes in form as follows:
It is hereby adjudged by the Board of Selectmen and
Public Works of the Town of Lexington that public conven-
ience vequires that a granolithic sidewalk be constructed
on the southeasterly side of Locust Avenue, a public way
of the Town of Lexington, at property at 26 Locust Avenue,
and as designated by Engineer's stakes.
It is therefore
ORDERED That a granolithic sidewalk be constructed
on the southeasterly side of Locust Avenue, a public way
of the Town of Lexington, at property at 26 Locust Avenue,
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andlas designated by Engineer's stakes, and that one/half '
of the cost thereof be assessed upon abutting estates,
all under the provisions of Chapter 83 of the General Laws,
and of any amendments thereto so far as applicable.
NOW, THEREFORE, this statement of their action is
now made to be recorded in the Middlesex South District
Registry of Deeds, that all assessments made or charges
imposed under Chapter 83 of the General Laws and any
amendments thereof upon any land which abuts upon said
sidewalk, shall constitute a lien upon such land from the
time this statement is recorded in said Registry of Deeds.
Given under my hand and the seal of the said Town
this 5th day of October, 1937.
Eleanor M. Lowe,
Clerk of the Board of Selectmen
of Lexington.
Commonwealth of Massachusetts
Middlesex, ss. October 5th, 1937
Then personally appeared the above named, Eleanor M.
Lowe, Clerk of the Board of Selectmen of the said Town
and made oath that the foregoing statement subscribed by
her is true, before me, '
James J. Carroll
Notary Public (Mar.11/38)
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
26 Locust _Avenue.
Owner as of Jan. 1,, 1937. Assessment.
Lyle J. and Jessie M. Morse $75.00
LOCUST AVENUE
KNOW ALL MEN BY THESE PRESENTS:
Oct. 5, 1937.
That the Board of Selectmen and Public Works of
Lexington, Massachusetts, in regular session duly assembled
on the 5th day of October, 1937, did adopt an order for
Sidewalk the construction of a granolithic sidewalk on the south -
Order easterly side of Locust Avenue, a public way in said
Town of Lexington, at property at 28 Locust Avenue,
and as designated by Engineerts stakes, in form as follows:
It is hereby adjudged by the Board of Selectmen and
Public Works of the Town of Lexington that public conven-
ience requires that a grmolithic sidewalk be constructed
on the southeasterly side of Locust Avenue, a public way
of the Town of Lexington, at property at.28 Locust Avenue,
and as designated by Engineerts stakes.
It is therefore
ORDERED that a granolithic sidewalk be constructed
on the southeasterly side of Locust Avenue, a public way
of the Town of Lexington, at property at 28 Locust Avenue,
and as designated by Engineer's stakes, and that one/half
of the cost thereof be assessed upon abutting estates, all
under the provisions of Chapter 83 of the General Laws,
and of any amendments thereto so far as applicable.
NOW, THEREFORE, this statement of their action is now
made to be recorded in the Middlesex South District Registry
of Deeds, that all assessments made or charges imposed
under Chapter 83 of the General Laws and any amendments
thereof upon any land which abuts upon said sidewalk, shall
constitute a lien upon such land from the time this state-
ment is recorded in said Registry of Deeds.
Given under my hand and the seal of the said Town
this 5th day of October, 1937.
Eleanor M. Lowe,
Clerk of the Board of Selectman
of Lexington.
Commonwealth of Massachusetts
Middlesex, ss. October 5th, 1937
.Then personally appeared the above named, Eleanor M.
Lorre, Clerk of the Board of Selectmen of the said Town
and made oath that the foregoing statement subscribed by
her is true, before me,
James J. Carroll.
Notary public (Mar. 11, 1938)
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
28 Locust Avenue„
Owner as of January 1st, 1937;, Assessment.
George M. and Agnes C. Hynes $60.00
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W
LOCUST AVENUE
October 5th, 1937.
KNOW ALL MEN BY THESE PRESENTS:
That the Board of Selectmen and Public Works of
Lexington, Massachusetts, in regular session duly
assembled on the 5th day of October, 1937, did adopt an
order for the construction of a granolithic sidewalk on
the southeasterly side of Locust Avenue, a public way
in. -said Town of Lexington, at property at 30 Locust
Avenue, and °as'designated_by Engineer's stakes, in form
as follows:
It is hereby adjudged by the Board of Selectmen and
Public Works of the Town of Lexington that public con-
venience requires that a granolithic sidewalk be con-
structed on the southeasterly side of Locust Avenue, a
public way of the Town of Lexington, at property at
30 Locust Avenue, and as designated by Engineer's stakes.
It is therefore
ORDERED that a granolithic sidewalk be constructed
Sidewalk on the southeasterly side of Locust Avenue, a public
Order way of the Town of Lexington, at property at 30 Locust
Avenue, and as designated by Engineer's stakes, and that
one/half of the cost thereof be assessed upon abutting
estates, all under the provisions of Chapter 83 of the
General Laws, and of any amendments thereto so far as
applicable.
NOW, THEREFORE, this statement of their action is
now made to be recorded in the Middlesex South District
Registry of Deeds, that all assessments made or charges
imposed under Chapter 83 of the General Laws and any
amendments thereof upon any land which abuts up6n said
sidewalk, shall constitute a lien upon such land from
the time this state4ent is recorded in saidRegistry of
Deeds.
Given under my hand and the seal of the said Towh
this 5th day of October, 1937.
Eleanor M. Lowe,
Clerk of the Board of Selectmen
of Lexington.
Commonwealth of Massachusetts
Middlesex, ss. October 5th, 1937
Then personally appeared the above named, Eleanor
M. Lowe, Clerk of the Board of Selectmen of the said Town
and made oath that the foregoing statement subscribed by
her is true, before me,
James J. Carroll
Notary Public (Mar.11/38)
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' SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
30 Logu tt Avenue
Owner as of January lst,� 1937. Assessment
Lewis L. and Jeanette E. Hoyt $70.00
Letter was received from D. J O'Connell advising
that Mr. William J. Haley of Bacon Street had referred to
him his claim against the Town in the amount of $58.33 for
replacing his water pipe, which he claims was damaged by
blasting in the vicinity. The Town has offered to settle
for $18.00. Mr. O'Connell said that if the $58.33 was
offered, it would be accepted; otherwise, that offer would
be withdrawn, as Mr. Haley's loss was substantially more
then $58.33.
Mr. Potter moved that the matter be turned over to
the Town Counsel for settlement. Mr. Clark seconded the
motion and it was sc voted.
' Mr. Ross submitted a letter from the Boston Edison
Co. advising that that company would install underground
wires in Mass. Avenue from Elm Avenue to Forest Street.
Mr. Ross said that he heard that the Telephone Co. would
approve the installation of their wires underground. The
Chairman said that the whole matter should be held over
to find out how much it would cost to put the fire alarm
system underground. It was decided to hold the matter over
for one week.
Letter was received from the Town Clerk to which was
attached copy of letter from Albert W. Emmons of 7 Dexter
Road in which Mr. Emmons offered his resignation as a
member of the Appropriation Committee. Mr. Emmons said
that he was leaving Massachusetts very shortly for an in-
definite period. Mr. Potter moved that the resignation
be accepted. Mr. Ross seconded the motion and it was so
voted.
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Haley
claim.
Underground
wires -
Elm Avenue
Emmons -
Resignation
Letter was received from the Chief of Police inform- Bullet-proof
ing the Board that he did not recommend the purchase of vests.
bullet-proof vests at this time.
Letter was received from the Chief of Police advising
that on October 4th, 1937, he suspended Patrolman Forrest
Knapp for violation of Rule 7(c) of the Police Department
Rules and Regulations. Mr. Ross moved that the Chief be
requested to appear before the Board at the evening meetin*
to discuss the matter. Mr,. Potter seconded the motion and
it was so voted.
Knapp
suspension
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V
Board of Appeals order granting the petition of '
(Board of Esther R. Barnes et als for permission to maintain a
Appeals private hospital and sanatorium for retarded children at
orders. 1557 Mass. Avenue, and order granting the petition of
Abbie E. Stevens for permission to maintain a nursery
school at 25 Highland Avenue, were received.
Cert. of Upon motion of Mr. Ross, seconded by Mr. Potter, it
character. was voted to sign the certificate of character for Esther
Berman of 18 Massachusetts Avenue.
Letter was received from Elmer A. Lord & Co. stating
that in view of the vote of the Town Meeting, that
Barnes
company would suggest that a binder be placed covering
property.
the building on the Barnes property subject to the date
of transfer. They were placing a binder of $12,500. on
the dwelling and garage until such time as the Board de-
cided the amount and alotted it to some agent.
Sign
Mr. Clark moved that the Board grant the application
permit.
of Joseph Trani for permission to maintain an overhanging
sign at 1757 Mass. Avenue. Mr. Potter seconded the motion
and it was so voted.
Mr. Potter moved that the Hoard grant a license to
Alcohol
Gofkauf's Automotive Associate Store, 1717 Mass. Avenue,
license
to sell Methyl Alcohol. Mr. Clark seconded the motion
,
and it was so voted.
Quabbin
The letter written by the Selectmen of Arlington and
project.
the article which appeared in the Transcript relative to
the Quabbin project, were placed on file.
Letter was received from Stephen F. Hamblin relative
to the accident to his son, Walter, at the Junior High
School. Mr. Hamblin asked a n a ed if a child dismounted was con-
sidered a pedestrian or a vehicle. Mr. Hamblin asked
Hamblin
that the Board take immediate steps to remedy bicycle
accident.
regulations.
Letter was received from the Employer's Liability
Assurance Corp., Ltd., acknowledging receipt of the notice
of the accident to Walter Hamblin.
Letter was received from the Town Counsel to which
was attached a copy of letter addressed to him by Mr.
Hamblin and a copy of his reply. The Clerk reported that
Bicycle
Supt. Grindle of the School Department had hsked her about
Regulations
bicycle regulations. She was instructed to send a copy of
the regulations put into force by Chief Sullivan and ad-
vertised in the local paper on October 8th, 1936, to Mr.
Hamblin and to Mr. Grindle.
Emery Will
Letter was received from the Town Counsel to which
'
was attached copy of letter addressed to him by the Lex-
ington Co-op. Bank and a copy of his reply, relative to
the will of the late Frederick L. Emery. Mr. Wrightington's
letter said that the Town had no right to require payment
from the estate of hir. Emery until 1939.
The meeting adjourned at 5:12 P.M.
A true record, Attest:
Clerk
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30 rz
o�
SPLECTMENTS MEETING
Oct. 5th, 1937.
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building. at 7:15 P.M.
Chairman Ferguson, Messrs. Potter, Ross and Giroux were
present. The Clerk was also present.
At 7:15 P.M., the Chief of Police appeared before the
Board to discuss his letter relative to the suspension of
Knapp
Officer Knapp.
suspension.
Mr. Ross moved that Officer Knapp be notified to
appear before the Board of Selectmen on Wednesday,. Get.
13th , to answer to the charge made by the Chief of Police
that he had violated Rule 7(c) of the Police Dept. Rules
and Regulations. Mr. Potter seconded the motion and it
was so voted.
Mr. Ferguson did not feel well and for that reason,
Mr. Giroux acted as Chairman pro -tem.
Mr. Thacher Jenney appeared before the Board. He
stated that the Christian Science Church had given one
or: two lectures each year and the auditorium in the church
is so small that it will not hold the number of people
that want to attend them. The last lecture was held in
the High School. Mr. Jenny said that this was nbt a
Use of Hall
church service. The subject, of course, will be Christian
for Christian
Science and the lecturer is qualified to speak on the
Science Lec-
subject. Mr. Jenney was asked to find out whether or
ture.
not Cary Memorial Hall would be available for such a
purpose. He said that he talked with Mr. Holt who said
that he did not recall the exact phrasing of the Cary will,
but offhand he thought that if the Briggs Class had used
the hall there would not be any objection to its being used
for this purpose. However, Mr. Holt suggested that Mr.
Jenney see the Selectmen on the matter.
Mr. Giroux remarked that he thought it rather odd
that Mr. Holt had referred the matter to the Selectmen as
he would say that Mr. Holt was the one to determine whether
or not this was a sectarian use or not. Mr. Ferguson said
that the Briggs Class was more of acommunity gathering
than a religious meeting. Mr. Jenney said that he would
like to have the hall on Sunday, November 14th, in the
evening. He thought that the church would be glad to pay
for the use of the hall. Mr. Jenney retired.
The Board discussed the matter with the Town Counsel.
Mr. Wrightington said that as a regular thing, he thought
that his answer would be no. He said that if the privilege
was given to the Christian Science Church, any other church
,
could ask for the same privilege. The purpose of the
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lectures would be to propagate Christian Science, of course.
' Mr. Ross moved that the application be denied. Mr. Ferguson
seconded the motion and it was so voted.
Mr. Mitchell appeared before the Board to discuss
welfare matters. Welfare
At 8:00 P.M., the Town Counsel, Mr. Eugene Viano and
his attorney, Mr. Charles Viano, appeared before the Board Viano
to discuss the case of the Colonial. Garage, Inc. vs. the suit.
Town of Lexington.
The matter of hold-up insurance was again brought
up, Mr. Giroux said that he was in favor of renewing the Hold-up
policy for a three year period. Messrs. Ferguson and insurance
Ross having also voted in favor of renewing the insurance,
the motion was carried.
Mr. Clark arrived at 8:45 P.M.
Letter was received from Rev. Wm. J. McCarthy in
regard to the construction of the two ramps entering the
driveway which has lust been constructed at St. Brigid's
Church. Father McCarthy said that the sidewalk in front
of the church property was considerably higher than the
' driveway as it existed before construction, preventing
the water from carrying off to the street. In recon-
structing the drive, it was necessary to lower it about Work at
six inches in order to meet the grade of Mass. Avenue. Catholic
The cost of the work of rebuilding the ramps and sidewalk, Church.
including excavation,.materials and the removal of a
stump, was $153.47. Father McCarthy felt that inasmuch
'as the grade of the sidewalk was always high and caused
considerable nuisance to people driving in and out, the
Town should.bear the expense of the construction.
Mr. Wrightington said that the church had made the
contract with A. Ross and Son and the question was
whether or not the church should be reimbursed for the
cost of doing the work. The test would be whether the
church could sue the town and make the town pay, and he
did not see on what basis they could sue the town. He
did not question the townts right to appropriate money
to rebuild the sidewalk, however, but he did not think
the Board would want to authorize the work without a vote
of the Town and without a special appropriation for it.
Mr. Ferguson asked if the Town had the right to go
in and widen the approach to a drive to suit the width of
a new driveway built by a private individual. Mr. Wright-
ington said that only the town had the right to make
improvements within the limits of the highway. Mr. Ross
said that if the Town raised the sidewalk in front of the
church two inches this year, it would have made it very
bad if Father McCarthy had not rebuilt it. He asked if
32
in that case the church would have a claim against the
torn. Mr. Wrightington said that he thought they would
havethe right to claim damages. Mr. Ross asked if it
would be all right if the church offered to pay one-half
of the cost. Mr. Ferguson said that if the town was
liable, it should pay the whole cost and if not, it should
not pay any part of it.
Mr. Ferguson moved that the Town Counsel furnish
further advice on the matter after receiving complete
information from the Supt. of Public Works. Mr. Potter
seconded the motion and it was so voted.
The Board discussed the proposed agreement in the
Ryder Ryder drainage cases. Mr. Wrightington said that he
cases, would draw up a new agreement and attend the meeting
next week to discuss it further.
It was decided to request J. Willard Hayden to appear
Hayden before the Board next week to discuss the proposed agree -
agreement. ment to be made with him in connection with the extension
of the water main in Shade Street-."
Commitments of Water Connections in the amount of
Commitments. $37.42, Water Miscellaneous Charges in the amount of
$314.62 and Water Liens in the amount of $39.20 were
signed by the Board.
The meeting adjourned at 10:50 P.M.
A true record, Attest:
.,.tet.
Clerk.
D
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Mr. Ferguson asked Mr.
Wrightington if the Board
Barnes
should formally accept the
offer of the Barnes heirs.
property.
Cdr. Wrightington said that
he thought the Board should,
subject to the approval of
the title, etc. He said that
he was in touch with Judge
Northrup and believed that he
would°be ready by the time
Judge Northrup was.
The Board discussed with the Town Counsel the matter
Private
of connecting with private
water mains. He said that in
water
Belmont, the developer put
in the improvements and then
mains.
deeded them over to the town, but the town did not pay
for them. The Town .has no
right to go onto private prop-
erty to shut off the water
or make repairs. Mr. Raymond
thought that the Selectmen
should adopt the policy of not
connecting up with private
mains unless they get a deed
to the pipe.
Mr_. Wrightington discussed the Cummings case. He
Cummings
said that if the Board did
not want to make a settlement
case.
it would be necessary to make another taking as the
easement was taken along the whole length of the property.
The Board discussed the proposed agreement in the
Ryder Ryder drainage cases. Mr. Wrightington said that he
cases, would draw up a new agreement and attend the meeting
next week to discuss it further.
It was decided to request J. Willard Hayden to appear
Hayden before the Board next week to discuss the proposed agree -
agreement. ment to be made with him in connection with the extension
of the water main in Shade Street-."
Commitments of Water Connections in the amount of
Commitments. $37.42, Water Miscellaneous Charges in the amount of
$314.62 and Water Liens in the amount of $39.20 were
signed by the Board.
The meeting adjourned at 10:50 P.M.
A true record, Attest:
.,.tet.
Clerk.
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