HomeMy WebLinkAbout1938-03-22u
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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.
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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:
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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
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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.
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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.
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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
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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.
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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. '
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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.
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