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HomeMy WebLinkAbout1938-04-26323 Mr. Raymond reported that he wanted to correct the off- hand statement that he made last week to the effect that Sewing the sewing project was written up for eight months. It is Project made up for a twelve months period. Mr. Raymond said that the Town Counsel suggested that the Supt. of the Highway Department take the claim of the Claim Town against Leonard G. Russell, uk.o ran`, into the guard rail fence on Lowell Street, to the small claims Court at Concord, to attempt to collect the $29.10. Mr. Potter moved that Mr. Paxton file a claim against the man at the ' Small Claims Court at Concord. Mr. Ross seconded the motion and it was so voted. SELECTMENIS MEETING ' APRIL 26th, 1938. A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, at 7:30 P.M. Chairman Giroux, Messrs. Potter, Rowse were present. The Clerk was also present. Mr. Ross arrived at 8:30 P.M. Mr. Raymond appeared before the Board. He said that he would like approval to start work on the curbing project. He has requested of Massachusetts Administrator McDonough that the Town be assisted with Federal funds for other than labor. Mr. Rowse asked what the project was, and Mr. Raymond explained that it was to fill in the gaps on Mass. Avenue W.P.A. from the Arlington line to Woburn Street, He said that the Curbing town's contribution was approximately $6,000.00 and Mr. project. Rowse wondered if it was not expending the Labor and Materials appropriation too fast if the Selectmen approved this project. He thought the Selectmen should have enough projects to take care of the men or make up their minds how much money they were going to expend on each project. Mr. Raymond said that curbing; and drainage projects required more money,for materials than brook projects, for instance. Mr. Potter said he thought that the curbing project should be approved and that Colonel McDonough should be requested to allow more funds on it, and so moved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that the tree census project had been held overto this meeting. Mr. Potter said he thought " the Board should approve the project and stated that the proportion of Town funds as compared with Federal funds W*P* A. was very good. The project would take care of workers tree that would otherwise have to be laid off. Mr. Ross mid Project. that Mr. Beach told him that if the project was not approved, it would be necessary to let several men go. Mr. Ross moved that the Board authorize Mr. Raymond to start the project., Mr. Potter seconded the motion and it was so voted. Mr. Rowse wished to be recorded in.opposition. Mr. Raymond reported that he wanted to correct the off- hand statement that he made last week to the effect that Sewing the sewing project was written up for eight months. It is Project made up for a twelve months period. Mr. Raymond said that the Town Counsel suggested that the Supt. of the Highway Department take the claim of the Claim Town against Leonard G. Russell, uk.o ran`, into the guard rail fence on Lowell Street, to the small claims Court at Concord, to attempt to collect the $29.10. Mr. Potter moved that Mr. Paxton file a claim against the man at the ' Small Claims Court at Concord. Mr. Ross seconded the motion and it was so voted. 324 Mr. Raymond said that last week he had answered a telegram addressed to the Selectmen relative to the Vine Vine Brook Brook Drainage job as a P.W.A. project and informed the as W. P. A. Regional Director that the Town was definitely interested Project. in the project. He wanted to know if the Selectmen,tished to give him other instructions inasmuch as the Town turned down Vine Brook last evening_. Mr. Potter said that he thought the brook work should be done sometime regardless of the Ryders,. The Board felt that the Regional,Director 'should be informed that there was a matter of litigation in connection with a claim, the decision on which might change the status of the project, but that the Town was still interested in it. Mr. Potter moved that Mr. Raymond inform the Regional Director to this effect. Mr. Ross .seconded the motion and it was so,voted. Mr. Raymond reported that it looked as though it would be necessary to take down one wall near the Paul property Taft Ave. on Taft Avenue in connection with the construction of the Work street but he was not sure of it. This would cost approx- imately $200.00 and he might be able to take care of it out of the appropriation, but he didn't know. There was a possibility that it would not be necessary to take the wall down if they did not have any rain when the work,was done. The Board told him to use his own judgment on the matter. ' Mr. Raymond reported that he informed the Town Counsel Compensation of the opinion of Elmer A. Lord & Co. relative to Work - Insurance men's Compensation Insurance for Welfare and W.P.A. workers, and Mr. Wrightington did not approve of the last clause in their letter. Mr. Raymond said that he had so advised the Insurance Company. Mr. Raymond reported that he had received bids on asphalt requirements for 1938. The Lake Asphalt Co., H. H. Maguire and the Standard Bids on Oil Co. were the three lowest bidders. He said he would asphalt, like the approval of the Board to do business with these three companies. The Chairman said that last year this matter was left to the judgment of the Supt. of Public Works and had worked out satisfactorily. Mr. Potter moved that the matter be handled in the same manner this year. Mr. Ross seconded the,motion and it was so voted. Mr. Raymond said that he had received the following bids on fixing over the Highway Department compressor equipment and fixing over tool boxes, etc; Sandberg - ;245.00 Bids for "The Air Compressor Co. - 215.00 repair work. Walter W. Field & Son - 215.00 Mr. Raymond asked approval of having the work done by Walter W. Field and Son. Mr., Potter moved that this approval be granted. Mr. Rowse seconded the motion and it was so voted. 1 1 325 A claim was received from Harold A. Conant of 47 Lincoln Street in the amount of $100.00 as a result of Blasting ' blasting on Lincoln Street some two years ago. A writ damage was also received notifying of a claim by W. H. Hannam claims. of 23 Lincoln Street in the amount of $500.00 for the same reason. Mr. Raymond said that he had instructed an inspector to make a report on these two houses and would inform the Board of his report next week. It was decided to hold the matter over until the next meeting. Mr. Raymondsubmitted a petition addressed to the J Selectmen by A. J. Bevington and others living in the vicinity of Marrett Road and Bacon Street. The petitioners requested that the Town clean out a brook to benefit pri- vate lands because the people in the neighborhood did not Request have enough money to do the work themselves. Mr. Raymond for work said that the brook was about one mile long and that the on brook. flooding was no fault of the Towns as far as he knew. There is, however, one catch basin on Marrett Road which had no street drain going into it, but that was all. The petitioners requested that the work be done by Welfare men or W.P.A. workers. Mr, Raymond did not think that the Town would have any right to go in on this land and do work, and further, he did not think that the W.P.A. authorities would approve it as a project as it would benefit private lands entirely. Mr. Ross moved that no action be taken on the petition. Mr. Potter seconded the motion and it was so voted. Mr. Wrightington appeared before the Board. He stated that he had heard from the attorney for Mrs. Verna Fuhrmann of Bustis Street, who hurt her ankle there last Fuhrmann summer. The attorney asked $750.00 and last December, claim the Selectmen offered to settle for $100.00. Her attorney now says that she will accept $350.00. Mr. Wrightington recommended that Mrs. Furhmann be offered 1200.00 in order to save the expense of a suit. Mr. Rowse moved that Mrs. Furhmann be given an opportunity to accept the $100.00 and if she did not accept it within thirty days, that the offer be withdrawn. Mr. Ross seconded the motion and it was so voted. The Town Couhsel discussed the Ryder tax title eases Ryder and Mr. Potter moved that he be instructed to proceed to tax cases take whatever action necessary to force collection of the taxes. Mr. Rowse seconded the motion and it was so voted. The Board discussed the matter of having Mr. Wright- ington engage an associate counsel in the defense of the Ryder Ryder cases before the Supreme Court. Mr. Wrightington drainage -said that he would welcome any help that he could get. cases. He said there was no longer any chance to examine witnesses or,introduce new evidence. The only things to be determined 326 w now are questions of law. The first thing to do is to print the record and the summary of the testimony. The record, when completed; is filed before the full bench of ' the Supreme Court and next November the cases will be placed on the list. The kind of help he wants is that which someone can give in assisting in preparing the brief, and after this is done, he and the associate will sit down and go over the printed papers. Mr. Wrig1itington said that this was a drainage case against a municipality and he thought that there were not many outstanding men who knew much about this particular kind of a case. Mr. Rowse said he thought Mr. Wrightington could give the matter some thought and make some recommendations as to whom he would like to engage. Mr. Wrightington replied that there was not much hurry. There was an appropriation of $1500.00 of which $600. would be needed for printing the record and .300.00 for printing the brief and that would leave only $500.00, which an associate might want as a retaining fee. The Chairman suggested that Mr. Wrightington make his recommendations and the Selectmen and the Appropriation Committee would dis- cuss the matter at a joint meeting. Mr. Rowse moved that Mr. Wrightington start the printing of the record and study the problem of assistance and report back at his early 'con- venience. Mr. Potter seconded the motion and it was so voted. Mr. Raymond told Mr. Wrightington that he would like ' to ask him some questions about the dump on Woburn Street at the Sorenson property. He said that the dump was on private property and that there was a Town employee who maintained it for a number of yearn, but not long ago there was a shortage of funds and the Town needed all this man's time so he was instructed not to do -work on the private dump any more. The man was told by a Town official some years ago to do the work. Mr. Wrightington said that the Town did not have a right to have an, employee working on private land and further, Mr. Raymond had the authority to tell a Town employee what his work was to be. He said he did not see any reason why the Town should not stop maintaining the dump. There are two questions, - whether the private land owner will allow the dumping to continue and whether the Town employee can Woburn St. maintain the dump. Dump. About twenty people from the vicinity of Woburn and Cottage Streets appeared before the Board and Mr. Eugene Buckley of Grant Street was their spokesman. He submitted a petition signed by 132 voters living in the vicinity requesting that a public dumpbe opened to serve p ry the neigh- borhood. Mr. Buckley said he talked with Mr. Hans Sorenson who owned the land on which the people used to dump, and he agreed to be present this evening, but he did not appear. He said that Mr. Harry Sorenson and his family lived in the , house beside the dump and were opposed to it. The Chairman asked if the group had any place it could recommend for a dump. Mr. Buckley said that there was an old 327 sand pit in the back of Woburn Street that he thought belonged to the Burbrec Nurseries, The Chairman _said that the question was to find a suitable place and to see that it was proper- ' ly maintained. He said that for several years the Board had tried to follow the law because it did not want to dis- criminate and that was the reason work on private property had been stopped. He said that the Board did not have the right to put a Town employee to work on private land.' Mr. Buckley said that the people felt that the Town had maintained this dump for several years and now that they had discontinued it, the Selectmen should provide a dump- ing place in the vicinity. He said that the group would like to have the Selectmen decide on this matter as a health menace. Mr. Charles Galvagno of Cottage Street suggested that the Town supply a truck and collect the rubbish as he felt that if rubbish, tin cans, etc. were left around, it would create sickness and be a health menace. . The Chairman stated that the Selectmen would try to find a solution before next Tuesday evening. Mr. Potter wondered if there was a piece of land in the neighborhood that the Town could buy and use as a dump. The Chairman requested Mr. Raymond to look into the matter and see if there was land that could be used for dumping; purposes and to make his recommendations on the matter. The group retired at 9;15 P.M. Mrs. Annie Bornstein appeared before the Board. She ' said that she had carried on a milk business at 5 Hibbert Street several years ago and that the property had always been used for business. She presented a letter from the Clerk of the Board to one Edward Hoffman, asking if he wished to renew his junk license at 5 Hibbert Street for the year 1935. She also presented receipts showing that she was in the milk business several years ago. Bornstein The Board told her it would discuss the matter and storage she retired. of junk. Letter was received from the Building Inspector regard- ing the length of time Mrs. Bornstein had rented her barn for the storage of junk. Mrs. Minnie Bloustein of 8 Sylvia Street, next door to the barn in question, informed Mr. Longbottom that she,had lived there over twenty years and that there never was any jnnk stored there until about a year ago. Mrs. Honora Sullivan of 11 Sylvia Street said that she had lived there for the past twelve years and that no junk had ever been stored there until about a year ago. A Mr. Hoffman, representing the Watertown Co-op. Bank, informed the Board that he wished to be recorded in opposition to a permit for the storage of junk at this location. A group of people from Sylvia Street, believing that there was to be a hearing on the matter of granting a license ' to store junk at 5 Hibbert Street; and being opposed to it, wished to appear before the Board, but the Clerk told them that there was no hearing and if they wished to oppose -the matter, they could send in a petition. Mr. Ross said that Mrs. Minnie Bloustein of 8 Sylvia Street had telephoned him and was very much opposed to the 328 storage of junk at this location. Mr. Potter moved that Mrs. Bloustein be notified that no formalapplication for the storage of junk at 5 Hibbert ' Street had been received and that therefor no permit had been granted, and further that the Selectmen had no right to grant any such permit as it was contrary to the Zoning Laws. Mr. Rowse seconded the motion and it was so voted. Mr. John F. Downey of 4 Farmerest Avenue appeared before the Board. Mr. Downey is one of the two on the eligible list for appointment as Police Officer. The Chairman told IVIr. Downey that the appointment had been held up pending the establishment of the new official list. Downey said that he was on the present list and wanted to Downey re know why the Selectmen were going to wait until the new police list would be established. He said that he was living in appointment.town, owned property here, was raising his family here and felt that he should be given the job. He asked if there was any personal reason why the Selectmen were not appointing him. The Chairman told him that the Board felt it should have a larger list to choose from. Downey said that that should not make any difference as he was 'qualified for the job. Mr. Ross said that in a private business any person would want to choose from more than two men. The Chairman, told Downey that the Board did not turn him down on any personal reason. He repeated that he felt he was entitled to the job. The Chairman told him that the Board would re- , consider the matter and he retired. The Clerk was instructed to get a report from the Chief of Police on Mr. Downey and submit it next week when the matter would be discussed further. Board of Appeals permits were received as follows Board of Jenney Mfg. Co. to maintain a lubritorium at 319 Marrett Rd; Appeals H. Angus Conners, to maintain a trout pool and stream at permits. the Burbrec nursery; The Girl Scouts of Lexington, to maintain a Girl Scout House at 2 Lincoln Street. Letter was received from the Building Inspector re Complaint ferring to the complaint regarding noise made by trucks at re noise- the Roger Brown garage on Marrett Road near Lincoln Street. Marrett Rd. Mr. Brown admitted that his trucks made noise late at night and very early in the morning. Mr. George Sarano and Mrs. Melville Webb, who live in the neighborhood, said that there was a great deal of noise from the trucks up to midnight and very early in the morning. No action was taken on the matter. Letter was received from the Building Inspector stating that it had always been the custom for the Inspector to Garage grant garage permits before the Selectmen's hearings. Two , permits. or three years ago, the Board decided that these hearings were held to maintain and not to construct garages in which gasoline was stored in a vehicle. Mr. Longbottom suggested 1 C that in the future, construction permits on unattached gar- ages be withheld until after the hearing but that permits be granted for a house with a basement garage or one attached, provided no work was done on the garage part until after the license was granted. Mr. Ross moved that the recommend- ations be adopted. Mr. Potter seconded the motionand it was so voted. Letter was received from the Burbree Nursery requesting the appointment of Robert C. Cady of Greenwood Street as a Special Police officer to act as traffic officer at the nursery on Sunday afternoons during April and May. Mr. Potter moved,that Mr. Cady be appointed a Special Police officer for six months from April 30, 1938, Mr. Rowse seconded the motion and it was so voted. Upon motion of Mr. Potter, seconded by Mr. Ross, it was voted that the following licenses be granted: G. W. Bean, 316 Bedford Street - Golf Driving Range Sarah Berman, 22 Mass. Ave. - Sunday Sales Miller's Poultry Farm, Marrett Rd.- " TM James F. McCarthy, 80 Bedford St. - Undertaker John W. Leary, 45 Waltham Street Public Carriage James F. McCarthy, 80 Bedford Streeet " " Max Sulkin, Waltham I- Junk Collector's Edward L. Child, 1775 Mass. Ave. - Overhanging Sign Chester A. Fogg, Woburn Street - Keeping of Swine Ryder's Stock Farm, Inc. - Maple St.- " it It 329 Special Police Licenses The Chairman informed the Board that flowers had been ordered for the late Louis E. Yeager, a member of the Appropriation Committee, at an expense of ;5.00. Mr. Potter Flowers moved that the expense be charged to the Unclassified Account. Mr. Ross seconded the motion and it was so voted. Public Welfare Old Age,Assistance signed. abatements in the amount of $337.41 and Abatements abatements in the amount of $24.20 were Commitment of Water Miscellaneous Charges in the amount of $11.00 was signed. Commitment Water Betterment assessments in the amount of $345.20 Betterment and Sewer Betterment assessments in the amount of 01196.55 Assessments were certified by the Selectmen. Water Liens in the amount of $181.39 were signed Liens Mr. Giroux said that Postmaster Tracey had called him and said that the cornerstone of the new Post Office was to Posh be laid shortly. Postmaster Tague will be present and. Mr. Office. Tracey requested that the Town dedorate the stand and furnish loud speakers on that occasion. Itiir. Giroux talked with Mr. Paul Mooney who said that the minimum charge for two loud speakers would be x30.00. Mr. Pottdr moved that the Board 330 decorate the stand and furnish the loud speakers at a cost not to exceed $35.00. Bir. Rowse seconded the motion and ' it was so voted. Iwr. Ross moved that the Clerk notify the Civil service Police Commission that the Board wished an examination to be held Sergeant, for.the appointment of a Sergeant in the Police Department. Mr. Potter seconded the motion and it was so voted. Messrs. Mitchell and Morse appeared before the Board Welfare. to discuss Welfare matters. The meeting adjourned at 11:00 otclock P.M. A true record, Attest: Clerk. 1 1