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HomeMy WebLinkAbout1938-03-22u 1 SELECTMENIS MEETING MARCH 220 1938. A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, at 7:30 P.M. Messrs. Potter, Ross, Clark and Rowse were present. The Clerk was also present. Mr. Clark moved that Mr. Potter act as Chairman Pro -tem until Mr. Giroux arrived. Mr. Ross seconded the motion and it was so voted. At 7:30 P.M. hearing was declared open on the applica- tion of Stanley I. and Margaret A. Phalen for permission to maintain a one car garage at 11 Lexington Avenue. Mr. Phalen appeared and presented plan of the proposed garage. No persons appeared in opposition. 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. The Supt, of Public Works appeared before the Board. He said that on February 23rd a truck went through a guard rail on Lowell Street. He got the name of the owner of the truck from the Police Department and sent him a bill for damages in the amount of $26.85. He has received a notice from the Traveller's Insurance Co. stating that the damage was caused without any fault of the policy holder and the company declined to make any payment. Mr. Clark moved that the matter be turned over to the Town Counsel. Mr. Ross seconded the motion and it was so voted. Mr. Raymond informed the Board that coal would be needed the latter part of next week and he thought it would be a good idda to put in one car. Since they filled up last December the price has gone up ten cents a ton. Mr. Clark asked if it was not the wrong time of year to put in a car- load of coal. Mr. Raymond replied that this car would last until the end of June and said that it would be necessary to put in 'another car before the end of the year. He received a price of $8.00 per ton today. Mr. Rowse moved that the purchase of one car of coal be authorized. Mr. Clark seconded the motion and it was so voted. Mr. Giroux appeared at the meeting. 267 Phalen garage hearing Damage to guard rail. Coal Mr. Raymond reported that the Arlington Gas Light Co. had applied for the location of a gas main in Lowell Street northerly from Haskell Street a distance of 490 feet. He Gas Main did not think that there was any objection on the town's part but thought that some of the street light poles would have to be moved. Mr. Ross moved that permission to locate the gas main be given. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that the Middlesex County Extension Service had requested the use of Cary Hall on June 7th, from 10:00 A.M. to 4:00 P.M. for the purpose of holding its 268 THE TOWN OF IE XINGTON OF A RIGHT OF WAY AND EASEMENT UNDER THE ACTS annual meeting. Mr. Ross moved that the use of the hall CHAPTER be granted on that date on the same basis as previous years. Mr. Potter seconded the motion and it was so voted. , Mr. Raymond reported that the American Legion wanted to use Cary Memorial Hall on the evening of March 25th Use of Hall. from 7:0 j��?J P.M. Mr. Ross moved that the use of et the hall0 he seconded the metion and it was so voted. Mr. Raymond reported that the American Legion wanted to use Cary Memorial Hall on May 6th for the purpose of holding a show. Mr. Ross moved that the use of the hall be granted. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the Simon W. Robinson Lodge has requested the use of Cary Hall on April 30th for the purpose of holding a dant;e. Mr. Ross moved that the use of the hall be granted subject to a fee of $25.00. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that ,he had at last received a covenant from J. L. Douglass stating that he would not contest the matter of danages on account of Sheridan Street drainage easement. Mr. Raymond requested the Board to sign the easement which they did, as follows: ORDER OF TAKING BY THE TOWN OF IE XINGTON OF A RIGHT OF WAY AND EASEMENT UNDER THE ACTS OF 1926, CHAPTER 263, WHEREAS by Chapter 263 of the Acts of the year 1926, entitled,, "An Act Relative to Improving the Surface and Ground Drainage in the Town of Lexington and in Adjoining Towns", said Town was authorized, among other things, to improve brooks, streams and water courses, and for the purposes set forth therein to take in fee simple or other- wise land or any right of easement in land, including any brook, stream, pond or water course or any part thereof; and WHEREAS the said Town of Lexington duly accepted said Act in the manner provided therein; and Sheridan WHEREAS Archibald R. Giroux, Albert A. Ross, William Street G. Potter, Philip M. Clark and A. Edward Rowse, citizens Easement. and residents of the said Town have been duly qualified and are now the duly elected, qualified and acting Board of Selectmen pursuant to law and the provisions of the Act above referred to; and WHEREAS the Town on the 22nd day of March, 1937, "Voted; That the sum of $19,600.00 be appropriated for the disposal of surface drainage by the construction of ' drains or conduits and for that purpose to'take lands or easements by Eminent Domain as follows: 269 In private lands of Ellen B. Welch, Lulu M. Blake, Heirs of Hallie C. Blake, and in Patriotts Drive from ' the McIntosh drain at 24 Merriam Street to the manhole in the Right of Way off Hancock Street in the rear of land of Lena G. Dreselly; Reed Street and lands of Ernest E. MacPhee and the Lexington Co-operative Bank; Locust Avenue, Independence Avenue, and Massachusetts Avenue to Curve Street; and in such other streets and locations as the Selectmen may designate." WHEREAS the Selectmen have designated the location of easements to be taken for the construction of a drain in Sheridan Street and in a Right of Way from Sheridan Street to Vine Brook as follows: Beginning at a point in the center line of Sheridan Street where said center line intersects the southeasterly side line of Grant Street, thence south about 220 west for a distance of about 176 feet to a point in said center line of Sheridan Street and including all the land on each side, of said center line within the limits of said Sheridan Street, all as shown on a plan entitled, "Plan of Proposed ' Easement for Drain from Junction of Grant and Sheridan Streets to Vine Brook,Lexington, Mass., October 1, 1937 Scale 1 inch - 40 feet, John T. Cosgrove, Town Engineer'. Also an easement through lands now or formerly of James L. Douglass of Lexington and the Kelly Coal Company of Arlington, as follows: - Beginning -at a point on the easterly side line of Sheridan Street, said point being 4 feet distant from the northerly line of lot #2 as shown on a plan entitled, "Plan of Land in Lexington, Mass., May, 1924, Scale 1 inch - 40 feet, E.N. Montague, Surveyor". The center line of proposed easement runs thence southeasterly and parallel with the northerly line of lot #2 distant about 120 feet to the south- easterly line of lot #2, thence continuing in the sane straight line about 22 feet to the channel of Vine Brook including all the land for a distance of 4 fest on each side of the above described center line, all as shown on a plan entitled, "Plan of proposed Easement for Drain from Junction of Grant and Sheridan Streets to Vine Brook, Lexington, Mass., October 1, 1937, Scale 1 inch - 40 feet, John T. Cosgfrove, Town Engineer, it and WHEREAS the rights of way and easements hereinafter ' taken are necessary for the said purpose; NOW, THEREFORE, the said Board of Selectmen acting for and on behalf of the said Town under the authority of the 270 said Chapter 263 of the Acts of 1926, and of every other power them thereto enabling, do hereby take the right of way and easement within the location above described and shown on the said plan, including the right on the part of the Selectmen of the said Town or other duly authorized agents of the Town to enter upon, dig up, open, excavate, fill and use the land between said exterior lines of said easements as may be reasonably necessary for the purpose of constructing this drain, together with the right to enter thereon from time to time as may be necessary for repair and maintenance of the said public improvement. We determine that no damages have been sustained and none are awarded. TO HAVE AND TO HOLD the said rights of way and easements to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever. IN WITNESS WHEREOF the said Board of Selectmen have hereunto subscribed their names this 22nd day of March, 1938. A. Edward Rowse Philip M. Clark Archibald R. Giroux William G. Pot ter Albert A. Ross Commonwealth of Massachusetts Middlesex, ss. On this 22nd day of March, 1938, personally appeared the above named Archibald R. Giroux, Albert A. Ross, William G. Potter, Philip M. Clark and'A. Edward Rowse and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Town of Lexington, before me, James J. Carroll, Notary Publib. Mr. Raymond informed the Board that Mrs. O'Keefe, who Barnes rents the Barnes property, had informed him that she had property searched everywhere and had been unable to find any place to carry on her business. She will appear before the Board next week to discuss the matter. Mr. Raymond stated that he had received permission to start the Mill Brook project right away and he requested Rental approval to rent a six inch gasoline driven engine pump at of pump. $70.00 per month. After three months, if they decide to purchase.it, the rental price can be applied to the purchase prise. Mr. Clark moved that the rental be approved. Mr. Rowse seconded the motion and it was so voted. 1 1 271. Mr. Raymond submitted a letter containing a survey of ' the rental charges for Cary Hall, together with his recommend- ations on the same. The Clerk was instructed to make copies Cary Hall of the letter for each member of the Board so that the Rentals matter could be discussed in detail at the next meeting. . Mr. Clark wanted to know if a bulletin board could be erected outside of the Cary Memorial Building on which a notice of what was going on in the hall could be posted. He moved that Mr. Raymond look into the matter and make his recommendation to the Board. Mr. Ross seconded the motion and it was so voted. Mr. Raymond stated that he was to appear before the Appropriation Committee on Wednesday evening to discuss Vine Brook Drainage. He had the Vine Brook drawings with him and asked if the Board would like to discuss the matter. Mr. Clark stated that a few months ago, Mr. Raymond informed the Board that in his opinion the most important project in the Town was the North Lexington Sewer and that Vine Brook came second. He asked if he had changed his idea. Mr. Raymond said that from his point of view, the Bow Street sewer was the most important project at the present time. Mr. Rowse asked what would happen if the Town took all the property along Vine Brook and bui;t a basin. He asked if that would eliminate the flooding. Mr. Raymond stated that it probably would, but would cost as much as the whole Vine Brook job would. He said that it would involve a great deal of construction to build the conduit to protect the houses on Vine Brook Road. Mr. Rowse asked if by taking the land and building a basin to hold the water back, the situation would not be taken care of. Mr. Raymond said that that probably could be done but the water level would be so high that the houses would probably have water in their cellars. There would be underground flows that probably would work into the basements. The Chairman asked how much land would be involved in Bulletin Board Vine Brook Drainage. the taking if it was decided to take it. Mr. Raymond guessed that there would be about' 150 acres. Mr: Raymond said that the damages were going on at the rate of about $4500.00 per year as measured by the Auditor. It was decided to discuss the matter further with Mr. Raymond later on. At 8:30 P.M. hearing was declared open on the application of the Boston Edison Company for permission to construct a line for the transmission of electricity for lighting, heating or power under the public way Massachusetts Avenue, westerly Edison from a point approximately 60 feet west of Harrington Road, hearing a distance of approximately 510 feet. No persons appeared in favor or in opposition. Mr. Ross moved that the permit be granted., Mr. Potter seconded the motion, and it was so voted. 272 Letter was received from H. W. Newell, M. D., stating Town that in the absence of a salary adjustment, he could not Physician.accept the position of Town Physician for the ensuing year. He said that the lowest salary he could afford to accept was $2,000.00 and if his services were not worth that much to the Town, he declined the appointment. It was decided to hold the matter over for one week. At 8:35 P.M. Mr. D. J. O'Connell and two representatives of the Colonial Beacon Oil Co. appeared before the Board. They presgnted plans of the proposed building to be erected on the land located at the junction of Woburn Street and Fletcher Avenue. One of the men said that they were planning to build a place that would conform to the other town buildings. They are not making it of the same architecture as their other buildings, but are planning to ;;paint this a colonial color and all they are going to do to trim up the station is to erect a four foot picket fence in the back and plant shrubbery in front of it. They thought they would discuss the lighting with the neighbors to make sure that nothing would be objectionable and that the lights would be in donformity with the conditions of the permit. The representative said that he had discussed the matter inform- ally with Mr. Raymond and it was proposed to put in .two O'Connell thirty foot driveways. gasoline Mr. Ross asked Mr. Raymond if he approved this layout. station. Mr. Raymond replied that he did not believe they would need two thirty foot drives. He did not believe that the Town should ask the people on Woburn Street to put up with these hazards. He thought that the drive should be very narrow so that -cars would have to slow down before approaching the sidewalk and said that if this were not done, pedestrians would have to be dodging vehicles. He did not believe that they needed more than a twenty-four foot driveway here, The representative of the company said that if they wahted twenty- four foot drives, they would cut them down from thirty feet to twenty-four feet. He asked if the Town had planned to round off the corner and Mr. Raymond said that he did not believe there was any need of it. The representative asked if the company could plant shrubbery on the small parcel at the corner owned by the Town, and Mr. Reymond said that tall shrubbery should not be planted. Mr. Ross moved that the matter be turned over to Mr. Raymond end that the company be requested to file a plan satisfactory to him. Mr. Clark seconded the motion and it was so voted. Letter was received from the Town Counsel relative to the appointment of an Inspector of Plumbing. He said that two questions had arisen, one as to whether a journeyman Plumbing plumber could be appointed and the second as to the priority Inspector. rights of veterans under Veterans Preference.section under the Civil Service Law. He said that the 1934 5dition of the Plumbing Laws contain a certification from the Attorney 7 LJ 1 273 General that the regulations were approved excepting "in- dicated portions of articles three and four". He asked if ' the disapproved sections had been eliminated from the printed copy before the printing. The Clerk informed the Board that this had been done. Mr. Wrightington said that Article 3 provides that the inspector shall be "a licensed master plumber of at least ten years practice or experience". The By-law was adopted under authority of General Laws, Chapter 142, Section 13, as amended by Statute 1934, Chapter 284, which obliges the town by law "to prescribe regulations for-- inspection-- of plumbing'. Section 11 of the same chapter provides that each town which is subject to Section 11 shall appoint an inspector of plumbing who "shall have had practical experience either as master plumber of journeyman continously during five years next preceding his appointment". Section 11 applies to all towns which by their vote have accepted the said section. Lexington accepted the Plumbing By-law March 7, 1898. Mr. Wrightington said that it would appear that the Lexington By-law imposes a stricter requirement than the statute. While in general the acts of the Legislature are superior to town by-laws and town by-laws cannot conflict with the statute, in his opinion this by-law does not conflict with the statute and the town may, if it chooses, impose a Plumbing stricter requirement than the statute. Inspector With reference to veterans' preference, this is pro- vided for in G.L., Ch. 31, Sec. 21, as amended by Stat. 1933, ' Ch. 137. This and the subsequent sections require the Civil Service Commissioner in certifying eligibles for appointment to give qualified veterans a prior place on the list over non -veterans. Sec. 15 of Ch. 31 providing for appointments requires that the appointment should be from persons upon an eligible list certified by the Civil Service Commissioner, but does not impose any requirement as to which one of those upon an eligible list shall be appointed. It therefore follows if the certified eligibles list contains the name of a non -veteran, the Selectmen may if they choose appoint that one. In other words, the Selectmen must appoint an Inspector of Plumbing who is on the certified.list but may select any one upon that list that they choose. (See Corliss v. Civil Service Commissioner, 242 Mass. 61, 64.) Timothy Dinneen appeared before the Board. He presented a letter from the Commissioner of Civil Service addressed to hira advising that the Selectmen of Lexington could not restrict the appointment to the position of Plumbing Inspector to persons possessing a master plumber's license. Commissioner Green stated that any person complying with the instructions on the bulletin put out by his department and passing the examination would be placed on the list and submitted for appointment in accordance with Civil Service law and rules. Mr. Kinneen also presented a letter containing his qualifications for the position. He said that he taught plumbing at the Franklin Union two nights a week and worked six or seven years for Buckley and McCormack and one year and a half at the Veterans Hospital in Bedford. He said that he had never taken the master plumber's test because he never wanted -to pay the $15.00 fee. He retired. 274 Letter was received from the Chief of Police informing Loitering. the Board that he had instructed the officers in the center ' to stop the loitering in front of the Viano Block. The Clerk was instructed to so advise Miss Viano. A petition was received signed by twelve residents in the vicinity of Bennett and Tarbell Avenues requesting that the lot at the corner of Bennett and Tarbell Avenues be fi116d in, stating that they felt it was a health menace. Mr. Raymond said that he and Mr. Stevenson visited the Complaint. location on March 22nd and could not find that there was any question of a health menace. The complaint was because of wet and muddy conditions on the private streets of Bennett and Tarbell Avenues. He said it was a matter for the property owners to remedy by having filling material placed and suitable drainage runs excavated to the low ground at the side of the streets. Mr. Potter moved that no action be taken on the matter. Mr. Ross seconded the motion and it was so voted. Letter was received from Martha Yntas stating that she Sal e of did not wish to pay more than $50.00 for lots 51 and 52 at lots. the corner of Rockville and Williams Avenue. Mr. Clark moved that the offer of $50.00 be accepted. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Counsel to which was ' Scheibe attached his bill in the amount of $150.00 for services in case, connection with the Scheibe case. Mr. Clark moved that the bill be approved. Mr. Potter seconded the motion and it was so ;voted. Board of Board of Appeals findings granting permission to '.Appeals Theodore R. Sweet to maintain a nursery on the Concord Turn - Order. pike was received. Upon motion of Mr. Ross, seconded by Mr. Clark, it was voted to approve the following bonds: Bonds James J. Carroll - Town Treasurer - $47,300.00 William S. Scamman x Tax Collector - 47,300.00 John C. Russell x. Constable - 1,000.00 Planning Letter was received from the Planning Board stating Board. that that Board had organized with William Roger Greeley as Chairman and Donald E.Nickerson as Clerk. Letter was received from the Waltham Women's Club requesting permission to operate a sound car in Lexington Sound car. on the 19th and 21st of May to advertise a street fair. Mr. Rowse moved that the application be disapproved. Mr. Potter seconded the motion and it was so voted. ' 275 Upon motion of Mr. Ross, seconded by Mr. Potter,'it was voted to make the following appointments for the year ' ending March 31st, 1939: Appointments Board of Appeals Associate Member William H. Driscoll Lockup Keeper James J. Sullivan The Clerk reported that Mr. J. Willard Hayden had requested that Mr. Clyde Witham be appointed as a Special Special Police Officer. Mr. Witham is superintendent of the Hayden Police estate. Mr. Potter moved that Mr. Witham be appointed a Officer. Special Police Officer for the ensuing year. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Lexington Coal Company requesting that Wilbur E. Rundlett be appointed a Public Public Weigher. Mr. Potter moved that Mr. Rundlett be appointed Weigher as a Public Weigher for the ensuing year. Mr. Ross seconded the motion and it was so voted. Upon motion of Mr. Ross seconded by Mr. Potter, it was voted to grant the following licenses: Licenses. James Philips - 1802 Mass. Ave. - Sunday Sales Patrick Shanahan - 52 Pleasant Street - Past. of Milk Commitment of water guarantees in the amount of $1093.49 was signed by the Board. Commitment ' The Board certified sidewalk betterment assessments in the amount of $647.06. Betterments Messrs.Morse and Mitchell appeared before the Board in regard to Welfare matters. Welfare The meeting adjourned at 10:20 P.M. A true record, Attest: ��� Clerk. 1