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HomeMy WebLinkAbout1938-05-10338 SELECTMEN'S MEETING MAY 10, 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, Ross, Clark and Rowse were present. The Clerk was also present. Mr. James J. Carroll, Town Treasurer, appeared before the Board. Bids were opened on the $1,000.00 loan in anticipation of revenue as follows: Lexington Trust Co. - .33% dis. Loan. Day Trust Co. - .310 " Second National Bank - .32-9 " F. W. Horn - .37 " R. L. Day - .370 " Boston Safe Deposit & Trust Co. .277° " Mr. Ross moved that the bid of the Boston Safe Deposit and Trust Co. be accepted. Mr. Clark seconded the motion and it was so voted. The Chairman informed the Board that a large group of Visiting Congressmen would visit Lexington on Saturday, May 14th, Congressmen.around 3:00 o'clock and asked the members of the Board to ' be at the Common at that time. He asked if there was any objection to having the State flags put out and there was none. The Supt. of Public Works appeared before the Board. He said on Mass. Avenue, next to #229, there was an Elm Removal tree ten inches in diameter, which had grown out of shape of tree. and was partly under another tree. Mr. Raymond thought it best to remove the tree. Mr. Potter moved that the Select- men, acting as Tree Wardens, instruct Mr. Raymond to post the tree for removal. Mr. Ross seconded the motion and it was so voted. ]Zr. Raymond said that he had not received all the engineering data relative to the curbing to be set in Kass. Avenue. All three of the gasoline stations affected, including Calvin W. Childs, are objecting to the curbing.. Mass. Ave. He did not see why curbing would interfere with the use of curbing. the two smaller stations or interfere with the drainage, but when he received all the engineering data, he thought there might be something that would cause him to change his mind-. Mr. Raymond said he thought it a mistake to omit that curbing. It uses up a large portion of the sidewalk where vehicles can cross more or less at random and without ' it, the chance of injury to pedestrians is increased. The omission would leave long gaps in the curbing line and make it harder to drive after 1:00 A.M. He thought that Mr. Raymond said that at the annual Town Meeting, 0550 was appropriated for improvement of traffic lights in accordance with the recommendation of the Appropriation Committee. That will put the Waltham Street lights in good Traffic condition and supply all the additional equipment there lights. recommended by the Supt. of Public Works. He asked if the Board wanted him to go ahead and spend the money as far as it would go or let the whole thing go until next year and get some more money. He said than the job could be done cheaper if it was decided that nothing was ever going to be done on the other lights at Clark Street. Mr. Raymond said that the lights were not operating properly now. Mr. Ross asked if the work was let out to bid and Mr. Raymond said that it should be. Mr. Potter moved that Mr. Raymond be authorized to go ahead and do the work in accordance with the.vote of the Town Meeting. Mr. Rowse seconded the motion and it was so voted: Letter was received from George W. Bone of 4 Watson Road recommending that the white safety line on Mass. Avenue in the vicinity of Maple Street, be extended from its pres- ent end around the curve easterly to a point to or beyond ' Locust Avenue. Mr, Bone listed his reasons for the suggest- ion. Mr. Raymond said that it was a good suggestion and he wondered why the line had not been extended before. The Chairman suggested that he comply with the recommendation. Safety line on Mass. Ave. 339 the owners there should concede a little in the matter, It is probably true that the drainage on the Child's lot ' will not be quite as good if curbing is installed as it is now. The Chairman suggested that he take no action on the matter until he talked with Mr. Childs and if Childs still objects, that he be given an opportunity to come before the Board. Mr. Clark moved that the curbing project be omitted from in front of the property of people that objected to it, but the motion was not seconded. It was decided to hold the matter over. Mr. Raymond read a letter received from Miss Julia A. Syer dated May 3rd complaining of drainage on Wood Street, Syer She stated that the water flowed onto her property csing complaints damage thereon. Mr. Raymond said that this washing out in re her yard and driveway occured as a result of the thaw on drainage. January 25th following three snow storms with a total fall of 21 or 22 inches of snow. Quite a little rain fell on the 25th and a lot of snow went with it. It was rather unusual, or something that would not ordinarily occur more than once every two or three years. He did not think that the Town was responsible or could be held liable for the damage. He thought that the matter could be remedied some- ' what by furnishing more efficient waterways. Mr. Ross moved that no action be taken on Miss Syer's claim for damages. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that at the annual Town Meeting, 0550 was appropriated for improvement of traffic lights in accordance with the recommendation of the Appropriation Committee. That will put the Waltham Street lights in good Traffic condition and supply all the additional equipment there lights. recommended by the Supt. of Public Works. He asked if the Board wanted him to go ahead and spend the money as far as it would go or let the whole thing go until next year and get some more money. He said than the job could be done cheaper if it was decided that nothing was ever going to be done on the other lights at Clark Street. Mr. Raymond said that the lights were not operating properly now. Mr. Ross asked if the work was let out to bid and Mr. Raymond said that it should be. Mr. Potter moved that Mr. Raymond be authorized to go ahead and do the work in accordance with the.vote of the Town Meeting. Mr. Rowse seconded the motion and it was so voted: Letter was received from George W. Bone of 4 Watson Road recommending that the white safety line on Mass. Avenue in the vicinity of Maple Street, be extended from its pres- ent end around the curve easterly to a point to or beyond ' Locust Avenue. Mr, Bone listed his reasons for the suggest- ion. Mr. Raymond said that it was a good suggestion and he wondered why the line had not been extended before. The Chairman suggested that he comply with the recommendation. Safety line on Mass. Ave. 340 Letter was received from John J. McDonnell of 28 Vine rM Street, stating that he had reported previously that there was a great deal of glass, etc. scattered on Vine Street in front of the two tenement buildings owned by Mulvey. Complaint Nothing was done to remedy the situation. Last Saturday re glass on he ruined a tire when a large piece of glass entered it. Vine Street, Tdr. McDonnell said he thought the Town should see to it that the street was kept free frora glass. The Chairman said"that Mr. Turner Kelley of 2151 Letter was received from the Chief of Police stating Mass. Avenue, claims that when the Town built that street, , on Vine Street sometime ago, and Officer Buckley took care it destroyed his gravel sidewalk and Mr. Trask told him of it. He said that the situation would be taken care of that the Town would replace it. The Chairman asked'if Mr. the claim. Mr. Ross seconded the motion and it was so voted. Raymond ever knew about a sidewalk being there. Mr. Ray&ond said he had been told that there was more of a sidewalk there before than now. He said he would recommend putting Kelley in a sidewalk on Massa Ave. all the way from Strathafn Road j sidewalk- to Cedar Street. The Chairman said it would be enough to Mass. Ave. build it from Converse Hill's house to Cedar Street. Mr. Ross said that rainstorms had washed out the sidewalk and Mr. Raymond said that a gravel walk would not take care of the washing. The Chairman asked if he had enough money to put in a gravel sidewalk, and Mr. Raymond said that he had no money at all for sidewalks. He said he could go in there and build a sidewalk if maintenance was stopped on a couple of streets. The Chairman asked if a small W.F.A. project could not be worked up for that, and Mr. Raymond said that it would be all right,if curbing were put in. He said, however, that he would not think of writing up a W.Y.A. project leaving the gap to Stratham Road. The Chair- man suggested that he have'a W.P.A. project written up for the job, including drainage. The Chairman said that John F. Daley of Forest Street Daley claimed that the Town took out shrubbery near his property claim re at the corner of Waltham Street and Concord Ave. and he , shrubbery. wondered if the Town was going to put shrubbery back in there so that the bank would not wash down. Mr. Raymond said that he did not believe enough damage had been done to result in any remedy. No action was taken on the matter. Historic Letter was received from the Lexington Rotary Club in - markers. forming the Selectmen that the Club had voted to present to the Town, the historic marker guide boards placed on the Common and on the Buckman Tavern grounds. Mr. Ross moved Article that an article be inserted in the Warrant for the next Town Meeting to see if the Town would vote to accept these markers. Mr. Rowse seconded the motion and it was so voted. 1 Letter was received from John J. McDonnell of 28 Vine Street, stating that he had reported previously that there was a great deal of glass, etc. scattered on Vine Street in front of the two tenement buildings owned by Mulvey. Complaint Nothing was done to remedy the situation. Last Saturday re glass on he ruined a tire when a large piece of glass entered it. Vine Street, Tdr. McDonnell said he thought the Town should see to it that the street was kept free frora glass. Letter was received from the Chief of Police stating that McDonnell had telephoned the station relative to glass on Vine Street sometime ago, and Officer Buckley took care of it. He said that the situation would be taken care of in the future. Mr. Potter moved that no action be taken on the claim. Mr. Ross seconded the motion and it was so voted. 1 The Chairman read a letter dated November 29, 1933, addressed to Miss Sarah Eddy Holmes by Robert P. Trask, then Chairman of the Board of Selectmen. Mr. Trask's letter said that the Selectmen had voted to maintain the signs which she had erected in memory of her father at the five entrances to the Town. The Chairman felt that the matter should be straightened out once and for all, and requested Mr. Raymond to write Miss Holmes or talk to'her and ask if she wished to have an mticle inserted in the Warrant for the next Tpwn Meeting to have the Town accept the signs. 341 "Welcome to Lexington" signs. At 8:30 P.M. hearing was declared open on the appli- cation of John W. Richardson for permission to maintain a Richardson one car garage at 5 Aeriel Street. No one appeared in garage favor or in opposition. Mr. Potter moved that the license hearing. be granted subject to the approval of the Building Inspector. Mr. Rowse seconded the motion and it was so voted. At 8:32 P.M. hearing was declared open on the appli-. cation of the New England Tel. & Tel. Co. and the Boston Pole Edison Company for permission to erect and maintain three Location poles on the Cambridge -Concord Highway, northerly side, hearing. from Blossom Street easterly. Mr. Clark moved that the matter be held over for one week and that Mr. Raymond be instructed to see if service could be supplied in some other way so'that poles would not have to be erected on the turnpike. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Board+s attention to Chapter 220 izing towns by law to provide for traffic during times specified in or part thereof excepting a State purposes. Town Counsel calling the of the Acts of 1938 author- Chap. the closing to vehicular 220 the By-law, any public way highway, for recreational Letter was received from the Town Counsel to which was attached a letter from the attorney for Mrs. Verna Furhmann Fuhrmnnn stating that Mrs. Fuhrmann would, settle her case for 6135. claim. This amount would enable her to take care of the expense already incurred and also pay for further medical treatment which has been suggested by her doctor. Mr. Ross moved that the Board refuse the counter-offer. Mr. Clark seconded the motion and it was so voted. At 8:35 PM., Mr. Randall Houghton and Mr. Frederick L. Fischer of the School Committee, and Supt. of Schools Grindle appeared before the Board. Mr. Houghton said that Welfare men they would like to get some welfare workers to excavate a for work strip of land on the side of the Hancock School building on on Clark Street and fill it in with gravel and tar. It will school&. be necessary to excavate about 150 yards. Mr. Grindle said that the Hancock School playground was the poorest they had It is quite muddy and they would like to make a hard surface. 342 Mr. Houghton said that this work should be done during the ' coming summer. The Chairman said -he did not see why there should be any objection to the employment of Welfare workers and stated that the Board would be glad to cooperate. Mr. Houghton asked if there were any painters avail- able and said that they could use them. The Chairman told him that there was a Town Painter. Mr. Houghton asked iX he could put in bids on school work, and the Chairman replied in the affirmative. The Chairman suggested that the School Committee contact Mr. Raymond to see what could be worked out. Mr. Potter said that he was not in favor of having welfare workers do work on public buildings as it was doing the business men in town an injustice. Mr. Rowse moved that Mr. Grindle take the matter up with Mr. Raymond. Mr. Ross seconded the motion and it was so voted. Mrs. Charles Richards and daughter, Agnes, of 101 Grant Street appeared before the Board. She presented a letter to the Board relative to a bill they owe the Board of Health in the amount of $248.86. She read a letter which Mr. Richards had addressed to the Board promising to pay $4.00 a month on the bill. Mrs. Richards said she came to see the Board last August and explained then that she was unable to pay the bill, but the Board told her she would have to pay it. She went over to the Middlesex County Sanatorium and had a conference with Dr. Remick and asked that Agnes ' be discharged because she could not pay the bill. He said then that she could not be discharged as"it would be un- doing what had been done in the three months she had been Richards there.. Mrs. Richards said she did not receive any bills so Board of she thought that Dr. Remick had taken care of the matter. Health bill.Last Wednesday she received a bill in the amount of $248.86 and then received a letter from the Town Counsel. She said that there was a misunderstanding between the Selectmen and her family. Mr. Ross asked how many there were in the family and she said that there were two children.' Her husband earns $43.91 per week and her son turns in $5.00 per week. Mr. Howse asked how long before her immediate need would be relieved so that she could make a substantial payment on the bill. She said that she had made contracts before Agnes took sick which would take a year to pay. They retired. Mr. Potter moved that Mrs. Richards be informed that it would be necessary for the family to pay $5.00 a week on the bill and that unless they could see their way clear " to do so that the matter be turned over to the Town Counsel, and further that if the family agreed to pay this amount, that Mr. Richards authorize the Town Treasurer to deduct 6,15.00 per week from his salary and turn it over to the Health Department. Mr. Rowse seconded the motion and it was so voted. ' 1 1 Letter was received from the Lexington Fruit Company requesting that they be placed on the eligible list to receive their share of grocery orders given out to Welfare recipients. Mr. Mitchell said that some time ago the Board told him to give grocery orders to local residence grocers. Last month the total groeery orders amounted to only about $300.00, while the cash grants amounted to $3500.00. The recipients have their choice of going to whatever store they wish and he does not tell them where to go. The Chairman suggested that Mr. Mitchell explain the matter to the Lexington Fruit Company. The Chairman stated that Mrs. Francis Chamberlain of East Lexington, had been designated by the Red Cross to be Chairman of a committee to look into the matter of the Red Cross, providing a graduate nutritionist to aid the people on welfare in getting the most out of the amount of money they receive. Dr. Crumb recommended this and others they have approached have recommended it. The Chairman asked if the Board felt that this would be a valuable project or not. The woman would be paid from funds allotted Lex- ington by the National Red Cross. Mr. Mitchell said he felt it would be very helpful and that the worth of such an AUPloyee had been demonstrated in Worcester. He thought that a nutritionist would greatly improve some of the homes in Lexington. Mr. Ross moved that the Chairman be authorized to write a letter to Mrs. Chamberlain approving the project. Mr. Rowse seconded the motion and it was so voted. 343 Welfare grocery orders. Red Cross nutrition- ist Mr. Ross stated that John Caderio had deposited a bank book with a deposit of 01,000.00 with the Selectmen and , Caderio would like to have the book returned to him as soon as the agreement agreement expires, which is on the 23rd of May. Mr. Ross moved that Mr. Raymond be instructed to look at the property and report as to whether or not the conditions of the agree- ment had been carried out. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel enclosing check for 050.00 in settlement of the case of Lexington v. Johnson Johnson, together with his bill for prosecuting the case. case. The bill amounted to 00.55. Mr. Clark moved that the bill be approved. Mr. Rowse seconded the moticn and it was so voted. Letter was redeived from the Town Counsel advising that the Baumgardners had ceased to use the trailer at Waltham Baumgardner Street and Concord Avenue as a residence and that they had case, hired a room in a nearby house. He said that he would not ask for a temporary injunction and if the Building Inspector reported next month that the trailer was no longer used for living quarters, he would dismiss the bill in equity. 344 Amendment Letter was received from the Town Clerk advising that disapproved.Article 36 of the Town Warrant (requesting an area of 12,500 square feet for a building lot) had been disapproved by the Attorney General. Letter was received from Mrs. Owen R. MacDonald, 96 Winter Street, offering to buy Lot 56 on Morris Street for about $39.00. The lot was assessed for $200.00. Letter was received from Paul D. Cowdrey of Stedman Road offering to, purchase Lot 56 on Stedman Road for $50.00. This lot was last assessed for 0450.00. Tax Title Mr. Potter moved that both matters be held over for property. investigation. Mr. Ross seconded the motion and it was so voted. With regard to the offer ofFk Poitrast to purchase lot 135-142 Inc. on Fottler Avenue for 050.00, Mr. Potter said that he had investigated the matter. The lots were originally sold for $¢500.00 and were assessed for $400.00. Mr. Potter thought the lots were worth what the people paid for them originally, plus the sewer betterments amounting to $205.00. He thought they really were worth $700. or $800.00. Mr. Potter moved that the offer be re- fused and that the man be informed that he could buy them for the assessed valuation plus the betterments. Mr. Ross seconded the motion and it was so voted. Letter was received from the Supt. of, the Park Depart- ment containing his recommendations for appointments to the playground positions for the coming pummer. Mr. Potter moved that the appointments be approved as follows: 1 pool caretaker - $250. Fred B. Hunneman 1 instructor for tennis and athletic sports for season (To be paid out of Park Labor) . I 1 William G. Grinnell - 9 weeks Co, $22. week - $198. Playground Center Pla rrou�nd�: iappointments 1 fe ale n .ructor - 10 weeks @ $18 week - 180. Betty Nourse 1 female instructor - 8 weeks @ $18. week - 128. Edna Smith 1 male instructor - 9 weeks @'$25. week - 225. Robert Eichorn 1 male instructor - 10 weeka @ $16. week - 160. George Morse 1 -female pool attendant - 10 weeks @ $10. week - 100.00 Betty Lewis 1 male pool attendant - 10 weeks @ $10. week - 100.00 " Richard Wade East Lexington Pla Pound: ma e instructor - 9 weeks @ 018. week - ' 162.00 Carl Sorenson - 1 female instructor - 8 weeks Q $18. week - 144.00 Marjorie McCullough North Lexin ton PlayEround ma a instructor - 5 weeks % $18. week - 144.00 Francis Rocque 1 1 C 345 Mr. Ross seconded the motion and it was so voted. Mr. Potter suggested that the Board get together some Meeting afternoon with Mr. Spencer and look at tax title property. re tax It was decided to hold the meeting next Tuesday at 8:00 title o'clock and for the Selectmen to meet at 6:30 to go over property. the tax title property. Application for a Junk License was received from Jacob Bornstein of 4 'Sylvia Street. Mr. Bornstein requested that he be allowed to pay the fee of 150.00 in installments. Bornstein Mr. Rowse moved that the man be granted the license upon Junk payment of the fee of $50.00, but the motion was not License. carried. Mr. Potter then moved that Bornstein be allowed to pay $10.00 down and $9.00 per week until the fee was paid. Mr. Ross seconded the motion and it was so voted. Mr. Clark voted in opposition. The Chairman stated that the Board had again received the eligible list from the Civil Service Commission con- Police taining the names of James H. Polley and John F. Downey appointment as being eligible for appointment as police officer. Mr. Potter said that Mr. Downey was on the eligible list and he thought he should be appointed. He said that he lived in Lexington, paid taxes here and had children going to school here and he saw no reason why he should not receive the appointment. Mr. Potter moved that John F. Downey'.be appointed a police officer. Mr. Ross seconded the motion; however, Messrs. Clark, Rowse and Giroux voted in opposition and the motion was not carried. No further action was taken on the matter. Messrs. Mitchell and Morse appeared before the Board to discuss welfare matters. Welfare The Board signed the following order for the con- struction of a water main in Daniels Street: ORDER OF TAKING By the Town of Lexington of Easement f or the Construction of a Water Main. DXT IE LS ST REE T (From Aeriel Street a distance of approx- imately 75 feet) . ;EEREAS, at a meeting; duly called and held on March 21, 19380 the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to installli water mains in such accepted or unaccepted streets, as may be applied for during the year 1938 in accordance with 346 W� authority contained in the By -Laws of the Town, subject to the assdssment of bettermc�nsts, and to take by eminent domain any necessary easements therefor,. and for the purpose of said installation the sum of $2500.00 be appropriated, this money to be provided by the transfer of $1400.00 from the Water Assessment Fund, and the trans- fer of $1100.00 from the Water Department Available Surplus Account." AND WHEREAS, 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 fore- going 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 Daniels Street a distance of approximately 75 feet from Aeriel Street in a southerly direction as aforesaid, the following easement, namely: The right to enter upon the land shown as Daniels Street on a plan entitled, "Plan of Proposed Water Main in Daniels Street, Lexington, Mass., Scale: l in. - 40 ' ft., May 10, 1938, Joseph A. Ross, Supt., Water Dept." and owned by Harry E. Johnson, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a Daniels plan of Joseph A. Ross., Supt. Water Department, dated Street May 10, 1938, to be recorded herewith. The easement Water Order. covered by this taking includes 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 and use the land embraced within the said way as may be reasonably 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). Betterments will be assessed for this improvement in accordance with the provisions of Mapter 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 ce:gprises the several lots shown upon the plen 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 betterments that would be assessed upon each said 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 agreeable 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 tenth day of May, 1938. Archibald R. Giroux Selectmen Albert A. Ross William G. Potter Of A. Edward Rowse Philip M. Clark Lexington. COMMONWEALTH OF MASSAGHUSETTS Middlesex, ss. May 10, 1938 ' Then personally appeared the above named Archibald R. Giroux, William G. Potter, Albert A. Ross, Philip M. Clark, and A. Edward Rowse, 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 Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public (Term Mar. 14, 1945) SCHEDULE, OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER DANIELS STREET (From Aeriel Street a distance of approximately 75 feet). Owner as of Jan. lst, 1933. Lot No. Assessment. Harry E„ Johnson 16 70.20 17 99.90 n 347 �s The following commitments were signed by the Board; Water Miscellaneous Charges - lv'14.00 Water House Connections - 10.05 Sewer House Connections 0.00 The meeting adjourned at 10:15 P.M. A true record, Attest: Clerk, 1 r