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HomeMy WebLinkAbout1938-05-17D 349 SELECTMEN'S ]MEETING MAY 17th, 1938. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:00 P.M. Chairman Giroux, Messrs. Potter, Ross, Clark and Rowse were present. The Clerk was also present. Messrs. Mitchell and Morse appeared before the Board Welfare to discuss welfare matters. Mr. Ross stated that Father Sullivan wanted to know if the Board would allow him.to conduct a beano game on Beano the lot on Mass. Avenue opposite Sylvia Street each week games for a period of ten weeks. No action was taken on the matter. Mr. Ross stated that last year the hay on the Town Farm was sold to Clarence Dalrymple for $10.00 and he wanted Hay at to buy it this year for the same price. Mr. Potter moved. Town that it be sold to Mr. Dalrymple for $10.00. Mr. Ross Farm. seconded the motion and it was so voted. Letter was received from Mr. E. B. Worthen stating that he had been requested to get together some material ' to be placed in the metal box to go in the cornerstone of the new Post Office. He asked the Board for suggestions as to any material to be included. It was decided to include a poll book, copy of the Zoning Laws and By -Lawn, warrant for the annual meeting, warrant for the Vine Brook Drainage meeting, Report of the Vine Brook Drainage Committee and the Appropriation Committee Report. The Chairman stated that Mrs. O'Keefe, the tenant in the Barnes.property, had telephoned him and told him that they had been unsuccessful in renting a house and would like permission to stay in the Barnes property until July 1st. Mr. Ross moved that the O'Keefe's be allowed to rent the property to July 1st under the same conditions prevailing at present. Mr. Potter seconded the motion and it was so voted. Post Offic4 corner- stone. Barnes property The Chairman said that he thought the Selectmen should discuss with the Planning Board, the combining. Chapter 211 of the Planning Board and Board of Survey. He suggested that they be invited to appear at the next meeting of the Board, and it was decided to invite the Planning Board to the next meeting. The offer of Mrs. Owen R. MacDonald to purchase ' Lot 56 on Morris Street for $39.00 was considered by the Board. Inasmuch as the lot was last assessed for $200.00 it was decided to reject the offer. The Board considered Mr. Cowdreyts offer to purchase lot 56 on Stedman Road for $50.00. Mr. Potter said that Tax title property 350 he looked at the lot. It is useless to anyone but Cowdrey but he thought that the offer of $50.00 was too low and thought that the Board should ask for at least $100.00. It was decided to take no action on the matter until the Board had an opportunity to view the lot. The Chairman informed the Board that the Dog Clinic Dog Clinic appropriation was short $14.20. Mr. Potter moved that Approp- the Appropriation Cpmmittee be requested to approve the riation. transfer of that amount from the Reserve Fund. Mr. Ross seconded the motion and it was so voted. Letter was received from Joseph A. Ross advising that he had received an application for the extension of the water main in Aeri el Street for a distance of approx- Water - imately 400 feet to supply water to eight houses now being Aeriel constructed. The estimated cost of the installation is Street. $1200.00. Mr. Potter moved that the extension be approved, the expense to be charged to the Water Con- struction Sundry Streets appropriation. Mr. Ross seconded the motion and it was so voted. The order was signed in the following form: ORDER OF TARING By the Town of Lexington of Basement for the Construction of a Water Main. AERIEL STREET (From Daniels Street, a distance of approximately 400 feet northwesterly) WHEREAS, at a meeting duly called and held on March 21, 1938, 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 the following vote and made an appropriation therefor; "Voted That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1938 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, 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 transfer 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 Commission.. ers, for and in behalf of the said town, by virtue of the 1 C L 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 seventeenth day of 351 Aeriel street Water Order authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement the the purpose of constructing and maintaining a water main in Aeriel Street from Daniels Street a distance of approximately 400 feet northwesterly as aforesaid, the following easement, namely: The right to enter upon the land shown as Aeriel Street on a plan entitled, "Plan of Proposed Water Main In Aeriel Street, Lexington, Mass., Scale 1 in. - 40 ft., May 17, 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 shote on a plan of Joseph A. Ross, Supt., Water Department, dated May 17, 1938, to be recorded herewith. The easement 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 maintain- ing, 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 snooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the Gen- eral Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan 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 seventeenth day of 351 Aeriel street Water Order 352 May, 1938. Archibald R. Giroux SELECTMEN William G. Potter A. Edward Rowse OF Philip M. Clark Albert A. Ross LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. May 17, 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 acknowleded 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 BETTEEMENTS REFERRED TO IN THE FMMING ORDER AERIEL STREET (From Daniels Street, a distance of approximately 400 feet northwesterly). Owner as of Jan. 1st, 1938. Lot No. Assessment Harry E. Johnson n n to 18 $67.50 to n to 19 67.50 of of to 20 67.50 'n of to 21 67.50 to of to 22 74.70 It n of 23 67.50 to To it 24 67.50 of IT It 25 57.76 Letter was received from Mr. Raymond stating that Hans Sorenson, owner of the property on Woburn Street Woburn St. where the dump was formerly operated, called at his office Dump and said he would be agreeable to leasing the property for the use of refuse disposal if the Town would maintain the same and prevent objectionable conditions, at a cost of 50:00 per year. The area available for renting ' purposes is estimated at one and a quarter adres. Mr. Raymond was informed by Mr. Wrightington that it would be necessary to obtain the approval of the Town Meeting before the Selectmen could enter into an agreement to lease the Borenaon land if it should be decided that that was the best way to handle the Woburn Street dump situation. The Clerk was instructed to notify Mr. Eugene Buckley of the Town Counsels decision and advise him that an article would be inserted in the Warrant for the next Town Meeting to take care of the matter. Letter was received from William R. Greeley stating that in several instances the matter of illegal con- struction within the Town where the structure was built without a permit, had been brought to his attention. He asked if a method could be worked out whereby there would be periodic inspection to keep in touch with what was being built. The Clerk was instructed to write Mr. Greeley and ask him to specify what he had in mind. Letter was received from the Town Counsel stating that he was obliged to call to the Board's attention the succession of trustee writs which had been served on the Town Treasurer attaching the wages of Officer Henry H. Harvey. D. J. OtConnell, attorney f or Wi111am G. French, has served three attachments and is now moving to charge the Town for the sum of $66.00 which was held out of French's pay and another writ has been served twice by Gilereast Company. The Chairman said that this was a source of annoyance to the Town Treasurer. Mr. Rowse ' moved that no action be taken on the matter. Mr. Clark seconded the motion, but inasmuch as the other members were opposed, it was not carried. Mr. Clark then moved that the Chief of Police be invited to appear at the next meeting of the Board and make his recommendation. Mr. Ross seconded the motion and it was so voted. Letter was received from the Acton Agricultural Association asking if the Town wanted to advertise in its premium book. The Clerk was instructed to turn the matter over to the Board of Trade. 353 Article Illegal structures Harvey case. Advertising Caderio Agreement Letter was received from the Town Counsel stating that the case against John A. Caderio et als had been disposed of and there was nothing pending that would be affected by the return of the bank book. He said that if the Selectmen were satisfied that the agreement had been kept, he could see no reason why the book should not be returned. Mr. Potter said that he and hir. Raymond went over to look at the property and it was all right with the exception of two small pieces on which he pranised to put a cover crop. He recommended that Caderio be instructed to sow a cover crop on those two small pieces and that when this was done, the bank book be returned to him. Mr. Potter moved that this procedure be followed. ' Mr. Rowse seconded the motion and it was so voted. 353 Article Illegal structures Harvey case. Advertising Caderio Agreement 354' The Chairman stated that the Middlesex County Ex - Homemaker's tension Service was going to have its annual Homemaker's Day. Day in Lexington on June 7th. They wished to have one of the Selectmen greet them. Mr. Ross moved that Mr. Rowse welcome the group. Mr. Clark seconded the motion and it was so voted. Mr. Potter stated that the so-called Aldrich prop- erty on Lincoln Street, owned by C. W. Ryder, was going Aldrich to be foreclosed in a week or two. Ryder offered this. to property. the town some time ago for $45,000.00. The Lexington Trust had a mortgage on 18,000, on it and he has paid this' down to 11,000. There is $220. due for taxes and X165. for interest, making a total of aboat X13,500. He thought that the Town could acquire the property for something near that figure and thought it would be an excellent buy. No action was taken on the matter. At this point, the Chairman left the meeting and Mr. Potter was elected to act as Chairman Pro -tem. He explained to the Board that Mrs. Charles Richards Richards had agreed to pay $5.00 a week on the Board of Health bill. bill but did not approve of having this amount deducted from her husband's check. It was finally decided that it would be all right to allow Mrs. Richards to pay the $5.00 per week and the Clerk was instructed to notify the I Board of any slip-up. The petition of the New England Tel. & Tel. Co. and the Boston Edison Co. for permission to erect and main- tain three poles on the Cambridge- Cone ar d Turnpike was Pole again discussed. The Clerk stated that Mr. Raymond had location. informed her that in his opinion, it would be necessary to erect these poles on the highway in order to give the required service.. The Board felt that there must be some other way of supplying the service and the members decided that they would prefer to look over the locus themselves before making any decision. It was therefor decided to hold the matter over for another week. Request for Mr. Ross moved that the Boston Edison Co. and the underground New England Tel. & Tel. Co. be requested to consider service. making a survey as to the advisability of putting their transmission lines underground on the Cambridge -Concord Turnpike from the Arlington line to the Lincoln line. Mr. Rowse seconded the motion and it was so voted. At 8;30 P.M. hearing was declared open on the Rix application of David A. Rix for permission to maintain garage a one car garage at 50 Valleyfield Street. Mr. Rix hbaring. appeared and presented plan of the proposed garage. No persons appeared in opposition. Mr. Clark moved that 1 the permit be granted subject to the approval of the Building Inspector. Mr. Rowse seconded the motion and it was so voted. Mr. Rix stated that Mr. Bailey, vino lived next door to him, had a permit to erect a henhouse and was building it within 150 feet of Mr. Rixts back door. He thought that this would jeopardise the health of his family. At the present time, Bailey is keeping 400 or 500 hens in his garage without any sanitary conditions. Mr. Rix said that Bailey had a large lot and could just as well have erected the henhouse at the back of that rather than where it is now. Mr. Potter told him that the Board would take the matter up with the Health and Building Inspectors and do what they could in the matter. He retired. The Clerk was instructed to have Mr. Longbottom hold up work on the Building until an investigation was made. At 8:32 P.M. hearing was declared open on the appli- cation of Ernest E. MacPhee for permission to maintain a one car garage at 4 Kimball Road. Mr. MacPhee 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. Rowse seconded the motion and it was so voted. At 8:34 P.M. hearing was declared open on the appli- cation of Luther R. Putney for permission to maintain a one car garage at 69 Tower Road. Mr. Putney and Mr. Stanley Phalen, the builder, 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. Rowse seconded the motion and it was so voted. At 8:36 P.M. hearing was declared open on'the appli- cation of Kenneth H. Tefft for permission to maintain a one car garage at 118 Cedar Street. Mr. Teff t 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. Rowse seconded the motion and it was so voted. At 8:38 P.M. hearing was declared open on the petition of the Boston Edison Co. and the New England Tel. & Tel. Co. for permission to erect and maintain one pole on Prospect Hill Road, approximately 40 feet northwest of Vgachusett Drive. No one appeared in favor or in opposition. Dir. Rowse moved that the permit be granted. Mr. Clark seconded the motion and it was so voted. 355 Complaint re Bailey henhouse. MacPhee garage hearing Putney garage hearing. Tefft garage hearing. Pole location hearing. ' Letter was received from Thomas Quinn Co. of Arling- Request ton requesting permission to use the land off Woburn Street for per - opposite Webb Street, for dumping purposes, the material mission to being ashes, paper, etc. of the Town of Arlington. Mr. dump. 356 Ross moved that the petition be refused. Mr. Rowse seconded the motion and it was so voted. C The meeting adjourned at 8:50 P.M. A true record, Attest: Clerk, 1 1 U