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.
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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.
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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
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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
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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.
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