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HomeMy WebLinkAbout1937-11-1696 reference to the land at the corner of Woburn Street and Fletcher Avenue owned by D. J. O'Connell on which by an instrument, O'Connell restricted two of the lots to R.1 O'Connell uses and the third lot to use as a filling station. He property. intended to put the filling station at the Mass. Avenue SELECTMEN'S MEETING NOV. 16th, 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, Messrs. Potter, Clark, Giroux and Ross were present. The Clerk was also present. At 8:00 P.M. hearing was declared open on the appli- Maddison cation of Arthur N. and Minnib C. D. Maddison for per - gasoline mission to increase the capacity of underground gasoline hearing. tank located at 15 Winthrop Road, to five hundred and fifty gallons. No one appeared in favor or in opposition. Mr. Potter moved that the permit be granted, subject to the approval of the Fire Department. Mr. Ross seconded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the appli- Miller cation of Fred W. and Lucy A. Miller for permission to gasoline maintain one underground tank for the storage of gasoline hearing. in the capacity of five hundred and fifty gallons, at 16 Winthrop Road, Lexington. No one appeared in favor or in opposition. Mr. Potter moved that the permit be granted, subject to the approval of the Fire Department. Mr. Ross seconded the motion and it was so voted. , At 8:10 P.M. hearing was declared open on the appli- cation of August Wilhelm Carlson for permission to main - Carlson tain a one car garage at 17 Westminster Avenue. Mr. garage Carlson appeared and presented plan of the proposed hearing. garage. No persons appeared in opposition. Mr. Giroux moved that the permit be granted, subject to the approval of the Building Inspector. Mr. Ross seconded the motion and it was so voted. . Letter was received from the Town Counsel with reference to the land at the corner of Woburn Street and Fletcher Avenue owned by D. J. O'Connell on which by an instrument, O'Connell restricted two of the lots to R.1 O'Connell uses and the third lot to use as a filling station. He property. intended to put the filling station at the Mass. Avenue corner of the triangle which on the plan recorded is marked "A". He says that by mistake the agreement as recorded inserted the lots "A" and "C" as the lots which are to be restricted to R.1 uses instead of the lots "Bt& and "C". O'Connell now wants the town to take the nec- essary action to correct the error. The instrument in question was executed only by O'Connell and is in favor Article of the Town, James J. Walsh and Warren Russell. Mr. O'Connell appeared before the Board and requested for warrant. that the Board insert an article in the Warrant for the Town Meeting. The Chairman said that the Town Counsel ' suggested that the lawyer for the oil company to whom OtConnell wishes to lease the land draw up the article. O'Connell said that he would have this done. He said that the oil company showed the lot coming out almost -.at right angles at the corner and there should be a curved entrance. He said that lo1r. Wrightington suggested that he deed to the Town the land at the corner and he said that he was willing to do this. Mr. O'Connell reported that Theresa B. Cummings had informed him that she would not accept the $100. offered by the Town in settlement of her claim, but would accept $200. He said he was not charging Mrs. Cummings anything for counsel fees. O'Connell suggested that instead of making another taking, that she deed the whole thing in settlement. The Chairman told Mr. O'Connell that the Board would discuss the matter, and he retired. Mr. Ross moved that the matter be referred to the Town Counsel for settlement in an amount not to exceed $150.00. Mr. Giroux seconded the motion and it was so voted. 97 Cummings claim Mr. Raymond informed the Board that fire insurance policy under blanket schedule in the amount of 025,000.00 issued through the office of C. H. Schofield expired on Insurance December 5th. Mr. Ross moved that the policy be renewed through the same office. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that there was a balance of $1992.78 in the Hibbert Street appropriation, there having been a charge for recording the order of taking. He said that the Town could build a street 24 feet wide with four inches of stone top and twelve inches gravel base and do the excavating for just about the amount of money available. He said there should be a curbing which would cost about :415.00 and there should be some drainage Hibbert constructed in Dass. Ave. and two special inlets provided Street. at the downhill end of Hibbert Street. The drainage will cost about $615.00 and the inlets are included in the $1992.00. He thought that the Town could go in and do the work provided the owners give releases so that the town could slope the embankment and not build retaining walls. He thought that there should be funds in the drain- age account, sundry streets, for the drainage and said that next year the curbing could be put in if an approp- riation was made for it. Mr. Ross moved that the Town proceed with the con- struction of Hibbert Street subject to the obtaining of the releases. Ntr. Giroux sedonded the motion and it was so voted. Mr. Ross moved that drainage work for Hibbert Street be -done provided there are funds available in the Drainage Sundry Streets account. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that the Town had scarified Shade Street where the water and gas mains had been put in. Shade Street.There was a great deal of loam on the side of the street and he thought it would be advisable at this time to widen the street out. They are trying to get a twenty foot roadway and this means the removal of six or eight trees. He said that he could do the work with funds from Highway Maintenance plus the funds provided for repairs to the street. The Chairman thought the Board should not authorize the widening of the street without a special vote of the Town Meeting. Mr. Raymond said that this was not a major job,,as they were merely planning to widen the street five feet for a distance of 1500 feet and take down the trees. Article. The Chairman thought it would be better to have an article in the warrant, but said it would be all right to oil the street. Mr. Ross asked Mr. Raymond to check and find out whether or not Shade Street had ever been accepted. Mr. Raymond read a petition for street lights on Article Valleyfield Street which he had received. He said that re street there would be four lights required. Mr. Ross moved lights. that an article be inserted in the Warrant for the next town meeting for the installation of these street lights. Mr. Giroux sedonded the motion and it was so voted. Mr. Raymond submitted a letter received from Henry D. Chadwick, IT.D., State Commissioner of Public 'Health, advising that one of the engineers from the State Dept. of Public health had examined the Lawson property. The letter stated that the septic tank apparently had not operated satisfactorily as the examination showed that the soil consists of impervious material, largely hard -pan, which is not well adatted to the absorption of sewage. V 1 1 J Mr. Raymond reported that there were funds enough Nater main in the Water Maintenance appropriation to replace the and drain- four inch water main in Raymond Street. The estimated age - cost is 02320.00 for a distance of 450 feet. If the Raymond St. water main is replaced, Mr. Raymond said he would like to install about 300 feet of twelve inch drain pipe which he thought would cost approximately $500.00. If the drain goes in a separate trench, it would cost approx- imately $p1000. or ws1200.00. Mr. Raymond said he would like approval to put this main in and charge it to Water Main- tenance. The Board felt that this was a construction job rather than a maintenance job and for that reason should not be charged to Maintenance. . Mr. Giroux moved that an article be inserted in the Article. Warrant for the next meeting to replace the four inch water pipe in Raymond Street with eight inch pipe and to transfer funds from the `*Vater Maintenance appropriation for the work. Mr. Ross seconded the motion and it was so voted. Mr. Raymond submitted a letter received from Henry D. Chadwick, IT.D., State Commissioner of Public 'Health, advising that one of the engineers from the State Dept. of Public health had examined the Lawson property. The letter stated that the septic tank apparently had not operated satisfactorily as the examination showed that the soil consists of impervious material, largely hard -pan, which is not well adatted to the absorption of sewage. V 1 1 J Dr. Chadwick said it was probable that by means of ' additional properly constructed cesspools, the sewerage could be disposed of temporarily, but the only permanent and most satisfactory remedy of the existing conditions in the opinion of the department, is the extension of the sewerage system. The department recommended that suitable action be taken by the Town for the extension of the sewer system to the property in question. Letter was received from the Health Inspector stating that a health menace did exist at the Lawson property and that the only remedy was to connect the property with the sewer. Mr. Clark moved that copies of both letters be sent to the Town Counsel for his advice in the matter. Mr. Ross seconded the motion and it was so voted. Notice was received from the _State Department of Public Works advising that they would clear snow from the State highways in the town during the coming -winter. Mr. Raymond asked if the Board wanted to ask for bids for 193£3 on gasoline and oil. The salesman for the Cities Service Oil Co. had called and said that if the Town did ask for bids, it would be best not to ask his company to bid because it will cost more money. He felt that if bids were not asked, that he could continue ' to sell the town its gasoline at no increase in price. Mr. Giroux moved that the Supt. of Public Works secure informal prices from other companies. Mr. Ross seconded the motion and it was so voted. 7 Follen Rd. sewer matter. Snow Removal. Bids on gasoline and oil. Mr. Ray.�ond asked if the Board approyed putting Leigh Farnham back to work on the Engineering Depart- Work for ment payroll and said that there were funds available. Farnham. Mr. Clark moved that Farnham be put back to work and that his salary be charged to the Engineering Department. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that in order to be able to satisfy the Town Counsel with evidence where olaims on account of Evidence alleged defects in sidewalks and streets were made, for claims. photographs of the locus in question should be taken by the Police Department so that the Town Counsel could have them when a case went to trial. Mr. Clark moved that the Chief of Police be instructed to take photographs as suggested by Mr. Raymond. Mr.. Potter seconded the motion and it was so voted. At 9:00 P.M. Chairman Fischer of the School Committee and Mr. Grindle appeared before the Board to discuss the matter of bicycle regulations. The Chairman said that ' the Board felt that the School Department was in a much Bicycle better position to sugest regulations for bicycles than regulations the Selectmen were. Mr. Fischer said that the School f 100 Bicycle regulation. Committee would be very glad to agree to any regulation that the Selectmen might make. The Chairman read the suggestions made by Mr. Hamblin. Mr. Fischer said that painting two white traffic lines would not be practicable. He thought that the proper place for the children to cross was where the officer is. Mr. Ross asked if there was any possibility of having tile busses discharge the children in the rear of the school building or on Slocum Road instead of in front of the High School. Mr. Grindle said that he would talk with Mr. French relative to this phase of the matter. Mr. Giroux suggested that the riders be required to dismount in front of the Walsh property on one side and the Russell House property on the other side, and he thought that this would help. Messrs. Grindle and Discher thought that the present regulations, plus Mr. Giroux's suggestion, would be sufficient. Upon motion of Mr. Giroux, seconded by Mr. Potter, the following vote was adopted: VOTED: That all bicycle riders be required to dismount at the corner of Winthrop Road and Massachusetts Avenue, and at the Russell House when heading south, and at the High School driveway when heading northerly on Massachusetts Avenue, and that said bicycle riders shall walk along the sidewalks; those in the southerly bound traffic to cross in front of the Junior High School where the traffic officer is on duty. Mr. Ross moved that a copy of this regulation be sent to Mr.Hamblin. Mr. Giroux seconded the motion and it was so voted. 2 1 1 At 9:30 P.M., James and Joseph Rose and Henry W. Welfare. Jenks, Jr. appeared before the Board to discuss welfare matters. It was decided to hold the matter over for one week. Letter was received from the Town Treasurer relative Notes on to the loan of w24,000.00, the notes on which were awarded Barnes to the Second National Bank of Boston. The notes were property presented to the Director of Accounts for the proper loan. certification and Mr. Waddell, the Director, replied and said that he could not certify the notes due to the way the votes were passed. The Treasurer said that the issue would have to be considered closed until further arrangements had been made. He said that the Second National Bank was still awaiting information from him regarding the situation. He requested that he be in- formed of what the Board intended to do in the matter. It was decided to insert an article in the Warrant for the next Town Meeting to straighten out the matter. At 9:45 P.M. Chairman Greeley and Mr. Kimball of the Planning Board appeared before the Board to discuss the 2 1 1 101. reservations made by R. L. Ryder in connection with the ' agreement. Mr. Greeley said that the Planning Board felt that it was entirely in line with modern planning that the Park Drive should be kept for park purposes in connection with the playground and that to use it as a private street would very seriously interfere with its convenience to the public. He said that the normal practice would be to Planning establish between the drive and any service road, a strip Board re in exactly the same way as was done on the Charles River Ryder Parkway in Brighton. He said the result would be that Agreement. .you would have the travelled way and beyond that a strip to include trees that are there now and beyond that a road which would be a means of developing the property. He said that this was the unanimous decision of the Planning Board. He said that the Planning Board did not fix the lines as it felt that it did not know enough about them. Mr. Greeley said that wherever two roads were to be located, public and private, they should be divided by a strip in order to preserve for the citizens what they now have. Mr. Kimball asked if the present road had to be kept open for all time, and the Chairman said that it was his understanding that it was merely a' Park road. They retired. Letter was received from the Planning Board relative to the application for the Board of Survey approval of the ' Wellington Estates bounded by Wood Street and Mass. Ave. Bd. of The Board set forth its recommendations and approved Survey - that part of the plan as marked by them. Mr. Giroux Wellington moved that the layout be approved as recommended by the Estates. ' Planning Board subject to the approval of the Town En- gineer. Mr. Potter seconded the motion and it was so voted. Mr. Ross, the developer, was requested to submit an accurate plan icor the signatures of the Board. Letter was received from the Town Engineer recorrmiending Article re that the name of Daniels Street be change to Rockhill Rockhill Road. Mr. Ross moved that an article be inserted in the Road. Warrant for the next Town Meeting to change the name of the street. Mr. Potter seconded the motion and it was so voted. Letters were received from the County Commissioners and Town Clerk stating that a hearing was to be held on Bedford & December 14th relative to the petition for the relocation Woburn Sts, and repairs to Woburn and Bedford Streets. Mr. Ross hearings. moved that Mr. Raymond represent the Board at the hearing. Mr. Potter seconded the motion and it was so voted. Leiter was received from W. C. Paxton, Jr., informing Paxton, re the Board that he had decided to remain in the employ of position. the Town in view of the recommendation of the Selectmen and the Appropriation Committee that he be paid a salary of $3120.00 per year beginning November 15th. 102 Notice was received from Elmer A. Lord & Co. that fire insurance policy under blanket schedule.in the amount of Insurance. N25,000.00 expired on December 5th and that $12,000.00 sprinkler leakage for Franklin School expired on Dec. 17th. Mr. Clark moved that the policies be renewed through the same office. Mr. Potter seconded the motion and it was so voted. Notice was received from the Mass. Forest and Park Gypsy Moths. Association relative to gypsy moths and recommending that a committee be appointed to study the matter. Mr. Potter moved that the matter be turned over to Mr. Garrity for his recommendation. Mr. Ross seconded the motion and it was so voted. Mr. Giroux moved that L. K. Liggett, 1721 Mass. Ave. License. be granted a Common Victualler's License. Mr. Potter seconded the motion and it was so voted. Accountant Letter was received from the Town Accountant re - leave of questing that he be granted a leave of absence from absence. November.24th to November 27th inclusive. Mr. Ross moved that the request be granted. Mr. Clark seconded the motion and it was so voted. Letter was received from the Appropriation Committee ' advising that they had disapproved of the 10% increase Insurance. in fire insurance coverage. Mr. Clark moved that no action be taken in the matter of increasing the coverage due to lack of funds. Mr. Potter seconded the motion, and it was so voted. Mr. Ross voted in opposition. Letter was received from the Appropriation Committee Town requesting that it be advised whether or not a Town Meeting. Meeting was to be held in December, and if so, a list of the articles be furnished the Committee. Inasmuch as the date for the Town Meeting has not been settled, no definite reply could be made. Letter was received from the Appropriation Committee Maximum requesting that the Selectmen give consideration to the salaries. matter of setting maximum salaries on all town positions coming under the jurisdiction of the Board. Each member of the Board was strongly opposed to the establishment of this practice and the Clerk was instructed to inform the Committee that the Board of Selectmen wasunanimously opposed to the establishment of this pradtice. Witness fees The Board discussed the matter of witness fees for for Selectmen. Mr. Potter said that it did not seem reason - Selectmen - able that the Selectmen should go down and spend days Article. on a case and not receive witness fees and not even lunch money. Mr. Giroux thought that this matter should be 1 r L brought before the Town Meeting. The Chairman thought that the matter of the amount to be paid should be dis- cussed with the Town Counsel. The Clerk asked the Board if it wished to have the budgets submitted with personal services segregated. The Board felt that it would be necessary to segregate the personal services in the budget. Mr. Giroux moved that the Board go on record as being opposed to appropriating personal services and other expenses separately. Mr. Potter sedonded the motion and it was so voted. Mr. Giroux said that he felt the Selectmen should have a reserve fund in order to meet unexpected salary increase requirements. 103 Budgets. The Board considered the tax title property acquired Tax Title by the Town. Mr. Giroux moved that the real estate men Property in town be invited to appear before the Board to discuss the disposition of the property acquired. Mr. Potter seconded the motion and it was so voted. Mr. Giroux said that Berman's Store at 12 Mass. Avenue had an illuminated liquor sign although the appli- cation for the permit did not state that the sign was to be illuminated. He suggested that the Town Counsel be asked if the Board had the right to have the sign taken down because of this fact. The Clerk wasinstructed to obtain the Town Counsel's opinion on the matter. Commitment of miscellaneous water charges in the amount of x:54.75 was signed by the Board. Berman's Sign. Commitment. Letter was received from the Board of Retirement advising that that Board had re -considered its previous Hadley action in excluding Charles E. Hadley from membership Retirement In the system and had voted that he should be admitted. The Board of Retirement voted that Mr. Hadley should be continued in service until December 31st, 1937, and should be retired as of that date. The meeting adjourned at 11:30 P.N. A true record, Attest: Clerk.