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HomeMy WebLinkAbout1937-11-30SELECTMENS MEET ING NOV. 30, 1937. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:00 P.M. Chairman Ferguson, Messrs. Potter,.Clark, Giroux and Ross were present. The Clerk was also present. At 7:00 P.M. the Welfare Agent appeared before the Board to discuss Welfare matters. Mr. Giroux said that Gustaf Hurtado of 53 Westview Street applied for a permit to keep swine and was denied the permit because if has been the e w tom to grant no new permits. The man is on relief and Mr. Mitchell felt that he would be helped if he were allowed to keep swine and said that there was nothing objectionable in the Ideation. The man lived there ten years ago and kept swine there then. Mr. Ross moved that he be granted a permit to keep ten swine. Mr. Giroux seconded the motion and it was so voted. 113 Welfare. Hurtado swine permit Mr. Edward Wood and Mr. James J. Walsh representing the Cemetery Commissioners, appeared before the Board. Mr. Wood said that the Commissioners felt it would be Cemetery advisable not to appoint a superintendent right away and matters. ' wanted the Board to know it. The Chairman said that it was the Board's understanding that at the present time the records of the Cemetery Commissioners were being kept in a private office outside of Town property and that it was the Board's feeling that as these were town records and extremely valuable, the proper place to maintain and keep them was in the Town Office Building. He said that this would be safer ad the records could be placed in a vault to insure against loss in case of fire.. etc. They retired. At 9:00 P. M. hearing was declared open upon the application of Dana T. Lowell for the approval of the Board of Survey on a layout of land known as the Vaille Farm property off Reed Street. The notice of the hearing was read by the Chairman. Mr. Lowell and Mr. W. S. Caouette, Mr. James Waldron and Messrs. Greeley, Kimball and Ellis of the Planning Lowell Board were present at the hearing. The Board had been Board of furnished with a plan of the land which Mr. Greeley said Survey the Planning Board approved. Mr. Caouette said that the hearing. minimum frontage was 75 feet and the smallest lot had an area of 9336 square feet. Mr. Waldron said that he was ' objecting for the owner of a nearby lot. He understood previously that there was a street going through the so- called "White" property. He said that that way would mean that eight houses could be bui;t and he understands that with this plan, only five houses can be built. The Chairman Gasoline contract. asked if there was a right of way to that lot now and he replied in the negative. Mr. Kimball said that the present layout provided for seen lots with better than 9000 square feet and that with the other layout Waldon proposed, it would not be _possible to get in as many lots as large as that. No other persons wishing to be heard, the hearing was declared closed at 9:20 P.M. and they retired. Mr. Greeley said that the Planning Board was in favor of the layout. Mr. -Clark moved that the plan be approved as submitted subject to the approval of the Town Engineer. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he got in touch with the three gasoline companies who were nearest to the low bidder last year. The low bidder last year was Ginn of Woburn, but the bid was not awarded to him. The three companies near- est the Cities Service were Gulf,.Tidol and Standard and their bids were one-quarter of a cent more last year and they have advised that they would be the same this year. Mr. Raymond recommended that the town continue with the Cities Service Co this year if it was legal, and he said that he would try to have included in the contract a maximum top price. Mr. Ross moved that the Cities Service Co. be awarded the gasoline contract for the coming year. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that the contract states that it may be cancelled by the Town upon sixty days notice and by the company upon thirty days notice, Mr. Raymond said that -the ,Selectmen's Records of November 9th showed that it was the opinion of the Board 1 Mr. Raymond asked what the Board wanted to do about installing fire alarm wires underground in Mass. Avenue Underground from Elm Avenue to Forest Street. The Chairman read a ;wires and letter received from the Edison Company advising that it fire alarm. had approved the cost of removing the overhead construction and installation of underground construction. The writer, also 'sent an agreement covering the change and requested that it be accepted by the Town as required by Chapter 166 of the General Laws, Section 22A as amended. He said that after the agreement had been executed, it would be nec- essary for the Board to hold a hearing on the proposal to place the wires underground. Mr. Ross said that the Edison Co. representative had telephoned him and said that he had all the materials purchased for the work and was ready to go ahead. Mr. Giroux moved that the hearing be held as soon as Article. possible and that an article be inserted in the warrant for the December 20th Town Meeting to see if the Town would vote to appropriate money for the installation of . the fire alarm system underground in this section. Mr. Ross seconded the motion and _it'was so voted. Mr. Raymond said that -the ,Selectmen's Records of November 9th showed that it was the opinion of the Board 1 ' that the salary of the Supt. of the Water Dept. should be $3120. beginning January 1st and the,,, Town Accountant had given an 6pinion that that was not pssible Mr. Raymond thought the Town Engineer should be taken care of when the others were. He said that he was merely calling this to the attention of the Board to see if it wanted to take any action on the matter at the next Town Meeting. Mr. Clark moved that no action be taken in regard to any salaries with the exception of Mr. Paxton's,,until the March meeting. Mr. Ross seconded the motion and it was so voted. Mr. Raymond asked what was to be done on the insurance policy of $30,000. expiring on December 5th through the office of A. A. Marshall & Son... Mr. Ross moved that the policy be divided and that a $20,000, policy be placed through the office of William H. Ballard for a five year period and a $100000. policy be -placed through the office of John Valentine for the same length of time. Mr. Giroux seconded the motion and it was so voted. The Chairman asked if the Vine Brook engineering data would be ready for the December town meeting, and Mr. Raymond said that he.did not believe so. He asked if there was any question about continuing with the Vine Brook ' design and the Chairman said that there was not. Mr. Raymond asked if the Board wanted to include the Custance bill for work on Follen Road in the warrant for the December town meeting, and the Chairman asked if there were any funds in the Highway Maintenance appropriation to Pay it. Mr. Raymond said he supposed he could take $230. out of that appropriation. It was decided to do nothing on the matter, but to pay the bill if there were any funds in the appropriation at the end of the year, and if not to insert an article in the March warrant. Mr. Raymond asked if the Board would approve the extension of 90 feet of six inch water pipe in Bertwell Road. The assessment and service charge are already paid. Mr. Potter moved that the extension be approved and the following order adopted. Mr. Ross seconded the motion and it was so voted. ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water main. BERTWELL ROAD. (From Eaton Road a distance -of approximately 90 feet northwesterly). WHEREAS, at a meeting; duly called and held on Burch 15, 1937 and adjourned to March 22, 1937, the town meeting _115 Salaries Insurance Vine Brook Custance bill for Follen Rd. work. 116 of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote end made an appropriation therefor: "Voted: That the Selectmen be authorized to install water -mains in such accepted or unaccepted streets, as may be applied for during the year 1937 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor,and for the purpose of said installation the sum of $2,000.00 be appropriated, this money to be provided by the transfer of $1,650.00 from the Water Assessment Fund, and the transfer of $350.00 from the Water Department Available Surplus Account". AND MIEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Bertwell Road from Eaton Road a distance of approximately 90 feet northwesterly as aforesaid, the following easement, namely: The right to enter upon the land shown as Bertwell Bertwell Road on a plan entitled, Plan of Proposed Water blain iii ROrd Water Bertwell Road, Lexington,, -Mass.,, Scale: 1 in. - 40 ft., Order. Nov. 30, 1937, Joseph A. Ross, Supt. Water Dept..% and owned by Eugene P. and Sarah A. Taylor (Registered Land Certificate #30305) and construct therein a line of water, main with all nedessary connections, shut -offs and appurtenances substantially as shown on a plan of 'Joseph A. Ross, Supt., Water Department, dated Nov. 30, 1937, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorize agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reaso ably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in_as_smooth and good condition as at the time of entry) . 7 L 117 Betterments will be assessed for this improvement in accordance- wl-th.the provisions of, Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt.', Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the bettezm ants that would be assessed upon each such parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this thirtieth day of November, 1937. Charles E. Ferguson SELECTMEN Archibald R. Giroux Philip M. Clark OR William G. Potter Albert A. Ross LEXINGTON. COMMONWEAL^1H OF MASSACHUSETTS Middlesex, as. Nov. 300 1937. Then personally appeared the above named. Charles E. Ferguson, William G. Potter, Archibald R. Giroux, Philip M. Clark and Albert A. Ross and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Seleo�men of the Town of Lexington, before me, James J. Carroll Notary Public (Term - Mar. 11, 1938) SCHEDULE OF ESTIMATED BETTERMENTS ' REFERRED TO IN.THE FOREGOING ORDER BERTWELL ROAD (From ..EAton Road a distance of approximately 90 feet Northwesterly) . Diner as of Jan. lst, 1937 Lot No. Reg. L d Cert. Assessment Eugene; P. and Sarah A.:Taylor 31:-35 30305 Fold. 118 Mr. Raymond asked if he was to pay Mr. Bieren's bill Bieren through November inasmuch as the bond desired by the Board bond. had not been filed. Mr. Potter moved that Bieren be paid for the work done in November but that he not be paid for further work until the bond covering the expiration of the contract has been filed. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that Arlington was willing to turn over the Hibbert Street water main to Lexington except Hibbert St. that Lexington wants to put kn four inch taps.instead of water main. a tapping sleeve and gate. Mr. Raymond called Arlington's attention to the fact that a" -tapping sleeve and gate would cost ab6ut_$300.00 and the other taps would cost only 075.00. He suggested that the Town of Lexington offer to take over the water main provided Arlington would agree to pay the difference in the cost of putting in the tapping sleeve and gate. Mr. Ross moved that the suggestion be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had received an application Ras Main, for permission to install a gas main in Kendall Road for a distance of 106 feet. He said he approved the location. Mr. Potter moved that the permit be granted. Mr. Ross seconded the motion and it was so voted. Mr. Raymond read a letter received from James McDevitt of 31 Robbins Road complaining of the icy condition there on Monday, November 22nd and requesting that more con- Iae on sideration be given to the removal of snow and ice in Robbins Rd. that street in the future. Mr. Raymond said that Robbins Road was checked between 7:00 and 8:00 on Sunday night and the condition was thought not to need sanding. During the night, it turned colder and became icy. At 8:30 Monday morning the street was found to be in an icy con- dition. ,The sun was coming out bright and it was thought that by the time the truck could spread the sand, the ice would be melted. The ice was melted in a couple of hours, 1 Mr. Raymond said that there was a Yellowood tree of some value on Town property in front of the Harrington Tree. house and Mr. Garrity would like to move it over near the Center Playground. It_would_cost about $125. to do it and there are funds_ available in. the Shade Tree Department. Mr. Potter moved that permission be given to grove the tree provided there are funds available. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said all the Hibbert Street releases had Hibbert been signed, but a Mr. Wiley had crossed out the paragraph Street agreeing to pay the assessment without contest. He will Releases. have an assessment of $231.00. The Chairman Braid that Wiley was merely reserving the right to contest the validity of the assessment. Mr. Potter moved that Mr. Raymond be authorized to proceed with the work. Mr. Ross seconded the motion and it was so voted. Mr. Raymond asked if he was to pay Mr. Bieren's bill Bieren through November inasmuch as the bond desired by the Board bond. had not been filed. Mr. Potter moved that Bieren be paid for the work done in November but that he not be paid for further work until the bond covering the expiration of the contract has been filed. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that Arlington was willing to turn over the Hibbert Street water main to Lexington except Hibbert St. that Lexington wants to put kn four inch taps.instead of water main. a tapping sleeve and gate. Mr. Raymond called Arlington's attention to the fact that a" -tapping sleeve and gate would cost ab6ut_$300.00 and the other taps would cost only 075.00. He suggested that the Town of Lexington offer to take over the water main provided Arlington would agree to pay the difference in the cost of putting in the tapping sleeve and gate. Mr. Ross moved that the suggestion be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had received an application Ras Main, for permission to install a gas main in Kendall Road for a distance of 106 feet. He said he approved the location. Mr. Potter moved that the permit be granted. Mr. Ross seconded the motion and it was so voted. Mr. Raymond read a letter received from James McDevitt of 31 Robbins Road complaining of the icy condition there on Monday, November 22nd and requesting that more con- Iae on sideration be given to the removal of snow and ice in Robbins Rd. that street in the future. Mr. Raymond said that Robbins Road was checked between 7:00 and 8:00 on Sunday night and the condition was thought not to need sanding. During the night, it turned colder and became icy. At 8:30 Monday morning the street was found to be in an icy con- dition. ,The sun was coming out bright and it was thought that by the time the truck could spread the sand, the ice would be melted. The ice was melted in a couple of hours, 1 n CI 119 but Mr. Raymond said there was no doubt but that the street was icy in the morning. Mr. Potter moved that Mr. Raymond look into the matter Welfare of having a Welfare crew do gypsy moth work. Mr. Ross men on seconded the motion and it was so voted, moth work, The Chairman stated that the Town Counsel telephoned him and said that lawyer Wellington said that the Scheibe heirs were not willing to accept anything less than $250. to settle the case, and that O'Connell had informed him that he was unsuccessful in getting Mrs. Cummings to settle for less than $200.00. Mr. Giroux moved that the matters be held over for one week and that the Chairman talk with the Town Counsel again and see what he thought the Town should settle for. Mr. Ross seconded the motion and it was so voted. Letter was received from the Cemetery Commissioners advising that the Board had voted to repair the fence at the Colonial Cemetery. They said that a non-climable fence would cost several hundred dollars and the Commission- ers did not feel that they should recommend such a fence without consent of the Selectmen and the adjoining land owners. It was decided to inform the Cemetery Commissioners that the matter was outside of the jurisdiction of the Board, but that the Selectmen would deem it logical to spend the $80.00 to repair the fence. Letter was received from the principal of the High` School expressing thanks to the Board for its cooperation during the athletic season. The Chairman said he had been thinking over the emergency declared in the Soldierst Relief aceount-,and wondered if it might not be wise to ask the Appropriation Committee to transfer money from the Reserve Fund because there is an emergency. He said the last time the Board asked for a transfer, it was refused because the Committee said there was no emergency. Mr. Giroux moved that the Appropriation Committee be requested to transfer the sum of $750.00 from the Reserve Fund to the appropriation for Soldiers' Relief. Mr. Ross seconded the motion and it was so voted. Scheibe & Cummings cases. Fence at Colonial Cemetery Letter of thanks. Soldierst Relief Account Letter was received from Mr. Garrity advising that Moth the -Lexington Field and Garden Club was going to send in Committee. suggested names for a Committee to study gypsy moths. Bill was received from the Town Counsel in the amount Bill in of $15.00 for medical examination of Mabel S. Appleton Appleton by Dr. Arthur J. Ring. Mr. Clark moved that the bill be case approved. Mr..Potter seconded the motion and it was so voted. 120 Bill for Bill was received from the Town Counsel in the amount , registering of $40.00 for registration of the Adams schoolhouse lot. lot. Mr. Giroux moved that the bill be approved. Mr. Potter seconded the motion and it was so voted. Carroll Bill in the amount of $282.75 was received from the bill. Town Counsel for services in the case of Carroll vs. Lexington. Mr. Clark moved that the^,bill be approved. Mr. Potter seconded the motion and it Was so voted. Harrington Letter was received from Leroy S. Brown requesting Road that the Board give consideration to the drainage cont drainage. dition in Harrington Road. Mr. Clark moved that the matter be referred to Mr. Raymond for investigation and report and that Mr. Brown be so advised. Mr. Potter seconded the motion and it was so voted. Poles - Letter was received from J. Willard Hayden advising. Shade St, that the Edison and -Telephone companies had agreed to replace the poles on Shade Street with smaller creosote poles. He asked that the Board take favorable action on the matter when it was presented. Letter was received from J. Willard Hayden requesting Weston that the Board investigate the condition of Weston Street Street from Shade Street through the main highway. He requested ' that the repair of the street be included in the budget for 1938. Mr. Clark moved that both matters be referred to the Supt. of Public Works for investigation and report. Mr. Potter seconded the motion and it was so voted. Letter was received from the Building Inspector 'Bermants giving the dimensions of Max Berman's sign at 12 Mass. Sign. Avenue., Mr. Giroux moved that Mr. Berman be invited to the meeting next Tuesday evening to discuss the matter. Mr. Ross seconded the motion and it was so voted. Report. Report of the Dog Officer for the year 1937 was re- ceived. Plumbing Notice was received that the examination for Plumbing Inspector. Inspector would be held on January 8th, 1938. Application was received from Marion B. Holt for License. permission to maintain an Intelligence office at 855 Mass. Avenue. Mr. Giroux moved that the license tie granted. Mr. Potter seconded the motion and it was so voted. The following budgets were received: Welfare Dept. Sealer of Weights and Measures; Law Department; Town Budgets. Physician; Aid to Dependent Children; Old Age Assistance; Soldiers} Burials;; Military Aid; State Aid; Soldiers' Relief. 121 Letter was received from the Health Inspector rel- ative to the trailers at the junction of Waltham Street and Concord Avenue. Mr. Stevenson said that people were living; in some of the trailers but that there was no health menace. Letter was received from the Building Inspector stating that there were three occupied trailers and the owners said that they had returned to have oil burners installed. Trailers Letter was received from the Town Counsel stating that as there was nothing in the Zoning Law covering trailers, the. Board of Appeals could probably deal with the situation. It was decided to request the Building Inspector to enforce the Zoning Laws and inform the owners of the trailers that they would have to apply to the Board of Appeals in order to receive permission to live in them. The Board signed a statement to be inserted with the Board of report of the Committee appointed to study the 1936 act Survey Act relating to Planning Boards and Boards of Survey. Letter was received from Elmer A. Lord & Co.,advising that they had cancelled the binder which they had placed Insurance in anticipation of an increase in the appraised value of Town property. ' Application was received from Frank N. Champlin of Peddlers 20 Bertwell Road for a Peddlers License. Mr. Ross moved License that the application be approved. Mr. Potter seconded the motion and it was so voted. The Board considered articles to be inserted in the Warrant for the December 20th Town Meeting. In the matter of the snow loader, Mr. Giroux moved that no action be taken. Nfr. Clark seconded the motion and it was so voted. Mr. Ross voted in opposition to the matter. Mr. Giroux moved that an article be inserted in the Warrant to straighten out the funds to be received for the purchase of the Barnes property. Mr. Potter seconded the motion and it was so voted. Mr. Clark voted in opposition. Highway Road Machinery abatement in the amount of $26.25 was signed by the Board. Commitment of water rates in the amount of x:5990.84 was signed by the Board. The meeting adjourned at 11:55 P. M. A true record, Attest: Clerk. Warrant - articles. Snow loader Barnes property Abatement. Commitment