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HomeMy WebLinkAbout1938-05-24 357 SELECTMEN'S MRETING MAY 24, 1938. A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, at 7 :30 P.M. Chairman Giroux, Messrs. Potter, Ross and Rowse were present . The Clerk was also present . Mr. Raymond appeared before the Board. He said he had prepared an amended application for a P.W.A. project for Vine Brook made up on the basis of the $345,000. job. P.W.A. - The estimate comes to $360,000 . and the amount of the Vine Brook grant comes to $162,000. leaving $198,000. as the town' s share, of which $5000. or $6000. had already been expended. He said that he had received a letter from the Administra- tion requesting that the amended application be sent in and one of the requisitions is that a resolution must be adopted by the governing body. He suggested that the follow- ing vote be adopted: "It is voted to request a revision of the application dated October 6, 1936 for the grant of Federal funds and to request a new grant in the amount of $162,000.00, and to approve the engineering report and financial statement described in A and B as submitted by the Superintendent of Public Works" Mn. Ross moved that the vote as suggested be adopted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he understood the Board had received a request to consider abatements on the sewer Hibbert assessments levied against Annie Bornstein and Hugh Wyllie Street on Hibbert Street. He said that the Bornstein sewer assess- sewer ment, amountSto $480.00, which was a very high rate be- assessment cause the two corner lots could not be assessed and only abatements a very narrow piece of land on the other side of the street could be assessed. He talked this over with the Town Engineer and they thought that one-half of that amount would be a fair assessment . Mr. Potter moved that the sum of $240.00 be abated and that the amount of $240. be levied against Mrs . Bornstein for her sewer betterment assessment . Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that the Wyllie betterment was for an extension of about 85 feet beyond the piece that was built to take care of the Bornstein land. No other land was involved in the betterment. It seems very doubtful if anyone will ever build on the front lot and the assess- ment amounts to $361.55. Mr. Raymond thought that $150.00 would be a fair assessment . Mr. Ross moved that the assessment be abated to $150.00 . Mr. Potter seconded the motion and it was so voted. 358 ad mm Mr. Raymond reported that Raymond Bond had purchased the Garrison property on Pelham Road and planned to make his home there. Previous to 1902, part of Pelham Road was an accepted town street and in 1902, the Town voted to accept the 300 feet beyond Eliot Road, provided it was deeded to the Town. It was deeded to the Town and the deed was recorded, but Mr. Raymond could find no appropria- tion ever having been madd for the street. Bond has re- quested the town to go in and fix the street, and if the Town does not want to fix it, he wants to know if he can close it off. Mr. Raymond has written the Town Counsel Pelham about it but has not received a reply. He wondered if the Road. Board wanted to try to waive any rights or let Bond go ahead and close the street up . Mr. Potter asked what would happen if the town closed off the street, and Mr. Raymond said that he was not sure. Mr. Rowse asked if the abutters could be charged if the street was rebuilt, and Mr. Raymond replied in the negative. It was decided to take no action on the matter until Mr. Raymond had looked into it further. Mr. Ross moved that the Supt. of Public Works be authorized to erect a sign on Pelham Road at the inter- section of Eliot Road to read "Not a Through Street". Mr. Potter seconded the motion and it was so voted. 1 Mr. Raymond stated that he had received an application from the Historical Society for permission to use Estabrook Hall on June Bth from 4:30 to 8:30 P.M. for a mothers, sons and daughters night . Mr. Potter moved that the hall be granted on that date free of charge. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that he had received an application Use of Hall.from the Lafayette Club for permission to use Estabrook Hall on June 7th for the purpose of holding a mothers ' night. Mr. Potter moved that the use of the hall be granted on that night subject to a fee of $5.00. Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that Gwendolyn Johnson had re- quested the use of Estabrook Hall on June 24th for the purpose of holding a piano recital. Mr. Potter moved that the use of the hall be granted on that date subject to a fee of $10.00. Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that the matter of making a P.W.A. application for the North Lexington sewer project had come P.W.A. - to his attention again. An engineer from the New York No. Lex. office called on him and wanted to know if the town was Sewer going to do the work. Mr. Raymond said that he was not sure and the man said that the Town would be liable in no way if it made the application and decided later on not to do the work. He recommended that the project be submitted if there was any possibility at all that the project might be done. Mr. Ross moved that the project be submitted. Mr. Potter seconded the motion and it was so voted. 359 Mr. Raymond stated that he had looked around for W.P.A. ' projects that would give a good ratio of Federal funds as compared with the town's contribution and it seemed that W.P.A. a project for gravel sidewalk construction offered the best ratio. It would cost $1.00 of town funds to 03.00 or $4.00 of Federal funds. A rough estimate had been prepared showing that such sidewalks would cost the town about $.35 a linear foot and the cost to the Federal Government would be three or four times that in addition. He suggested that a project be submitted for gravel sidewalks in the follow - ing locations : Mass. Avenue from Stratham Road to Cedar Street; Lincoln Street from McCaffreys to Marrett Road; Pleasant Street to Watertown Street; The whole length of Middle Street on one side; Continue the sidewalk on Hancock Street to Burlington Street; One complete sidewalk on one side of Vine Brook Road; The upper part of Oak Street. The cost to the town will be about $5500.00. He said that he had considered other groups of streets but would suggest that these be tried out. This work will take care of forty men for over four months. Mr. Rowse asked if the sidewalk on Mass. Avenue in front of Hill's would not wash out and Mr. Raymond said that it would not if a sloped curbing was put in. The Chairman stated that requests for sidewalks had been received for Mass. Avenue, Lincoln Street and Vine Brook Road. Mr. Ross moved that the project be submitted. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that he looked at the stone posts at Posts - the Munroe Cemetery and the Town line is in the center of Munroe the posts . When the posts are taken out, it will mean that Cemetery the fence is back six inches of the line. He said that if two posts were left, that would effectively maintain the line. Mr. Raymond reported that he had received word that the W.P.A. administration would not authorize work to be started on the Hardy Pond Brook project until a permanent easement had been signed. Mr. Raymond submitted the easement, and upon motion of Mr. Ross, seconded by Mr. Rowse, it was signed in the following form: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF A RIGHT OF WAY AND EASEMENT UNDER THE ACTS OF 1926, CHAPTER 263. WHEREAS by Ch. 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 360 rm no rlo ze bbrrook, stream, pond or water course or any part thereof; WHEREAS the said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS Archibald R. Giroux, Albert A. Ross, William 0. Potter, Philip M. Clark and A. Edward Rowse, citizens 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 21st day of March, 1938, Voted: That the sum of $20,000.00 be appropriated and assessed for labor and materials on public works and for Hardy's other expenses in connection therewith, the same to be Pond Brook expended by the Selectmen for aid to persons employed on Easement. various projects. WHEREAS the Selectmen have determined the location of an easement to be taken for the construction and mainten- ance of a drainage outlet channel in the valley of Hardy's Pond Brook between the Waltham-Lexington line and a point about 785 feet northerly from the Concord Highway, as follows:- The center line of the easement for a drainage outlet channel begins at a point on the Waltham-Lexington town line, said point being about 15 feet northwesterly of the center line of a ditch, said ditch being the boundary between land owned by the Town of Lexington, and land formerly of Sarah A. Cutler, thence bearing in a north- easterly direction by two courses distant about 1575 feet to a point in the center line of Concord Avenue, thence bearing in a northerly direction by three courses distant about 933 feet to the southerly line of the Concord High- way, also beginning at a point in the northerly line o the Concord Highway at the center of a ditch which is the boundary between land now or formerly of Antonio J. Lima and land now or formerly of Charles E. Jr. and Laura M. Teeter, thence bearing in a northwesterly direction dia- tant about 785 feet to a point in land of said Teeter. The exterior lines of the easement for the Drainage Outlet Channel are parallel with and distant 25 feet from the above described center line. All as more particularly shown on a plan entitled, "Plan of a Drainage Outlet Channel in the Valley of Hardy's Pond Brook, Lexington, Mass. , March 2, 1938, Scale 1 inch - 100 feet, John T. Cosgrove, Town Engineer". WHEREAS the right of way and easement hereinafter taken are necessary for the said purpose; 361 NOW, THEREFORE, the said Board of Selectmen acting for and on behalf of the said Town under the authority of II the said Ch. 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, build and maintain a drainage outlet channel and dig up, open, excavate, fill and use the land between said exterior lines of said ease- ment as may be reasonably necessary for the purpose of constructing and maintaining the said channel and to change the .-volume and rapidity of the flow of any surface and underground water flowing into it 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 right of way and ease- ment 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 suscribed their names this 24th day of May, 1938. II Archibald R. Giroux William G. Potter Albert A. Ross A. Edward Rowse Philip M. Clark Commonwealth of Massachusetts Middlesex, ss. On this 24th day of May, 1938, personally appeared the above named Archibald R. Giroux, William G. Potter, Albert A. Ross, A. Edward Rowse, and Philip M. Clark and severally acknowledged the foregoing instrument and state- ment by them to be their free act and deed and the free act and deed of the Town of Lexington, before me, William S. Scamman Notary Public (My Commission Expires April 18, 1941) Mr. Raymond reported that the junction of Charles II Street and Taft Avenue was a very bad turn and the grade is steep. He thought the town should make a taking and round off the corner. It would mean taking about 300 square 362 ID 0 me feet of land, but that much is now being used and traffic Corner at is going over it. There is a forty foot lot on this corner Charles St. which would not be much good for building anyway. He and recommended that the town make the taking and thus provide Taft Ave. a good turn from Charles Street onto Taft Avenue. Mr. Rowse asked if there were houses on either side of the forty foot lot and Mr. Raymond replied in the negative. Mr. Rowse suggested that Mr. Raymond get the cost of taking the necessary land. It was decided that Mr. Raymond was to get this information before making the actual taking. Mr. Raymond replied that the owner of a lot on Taft Avenue opposite Charles Street, had extended his wall, steps and shrubs nearly ten feet out on the accepted part Taft of the street. He thought that steps should be taken to Avenue. require the owner of that property to remove the wall, shrubs, steps, etc. , which were on the accepted right of way. Mr. Ross thought that if the wall, etc. was built before the street was accepted the people should be re- imbursed for part of the cost of removing these things, but if not, he did not see that they should be reimbursed. The Chairman suggested that a photograph be taken before any- thing was done. It was decided to hold the matter over for one week. Mr. Raymond reported that the supervisor of commod- ities was being crowded by the tree census projedt and would need some new furniture when he moved into the Barnes New property anyway. Mr. Raymond suggested that the Board furniture. authorize the purchase of a table at a cost of $25.00 and two chairs at a cost of $6.75 each,. this equipment to be purchased from the Department of Correction and charged to the Public Welfare appropriation. Mr. Potter moved that the equipment be purchased as recommended by Mr. Raymond. Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that he had received a letter from Edith Nourse Rogers regarding Mrs. Clara Muller of School Street, who had written her stating that she was unable to get on the W.P.A. sewing project. Mr. Raymond Sewing read a letter from. Mr. Beach explaining the Sewing Project project. and stating that there were at least eight persons who were trying to get on it. Mr. Raymond said that if that number wanted to get on and if the Board had in mind that the cost to the town would be $12. per month per worker, it might be in order to request Mrs. Rogers to try to get the quotae. increased. Mr. Ross moved that Mr. Raymond write Mrs. Rogers and explaih the situation in Lexington and ask if there was any chance of having the quota increased. Mr. Potter seconded the motion and it was so voted. The Chairman stated that the town owned a small Lot Shack on of land next door to 248 Lincoln Street. There is a shhak Lincoln St. on the property, the roof of which is off and the garrett is full of waste paper, rage, etc. Tramps sleep in there 363 and it is a fire menace and a general nuisance. He recommended that Welfare men be sent up there to tear down the shook and II fill in the hole, but requested that Mr. Raymond investigate the matter first and report at the next meeting. Mr. Potter said that he had gone over to the farm owned by the General Construction Co. near North Street, accom- panied by Mr. Raymond. Mr. Caderio has put on a light Caderio cover crop on one piece but has not put a cover crop on property the piece on the other side. He recommended, however, that the bank book be returned to Mr. Caderio, and so moved. Mr. Ross seconded the motion and it was so voted. The Board considered the application of the Boston Edison Col and the New England Tel. & Tel. Co. for per- Poles on mission to locate three poles on the Cambridge-Concord Turnpike. Turnpike on the northerly side from Blossom Street easterly. Mr. Potter said that he understood the petition was made because of a request for service from Theodore R. Sweet, who is planning to maintain a nursery. He said that there were no buildings on the land and he did not know what Sweet wanted the lights for. He saw no reason for grant- ing the petition until there was a building on the land. Mr. Rosa moved that no action be taken on the petition at the present time. Mr. Potter seconded the motion and it was so voted. II At 8:30 P.M. hearing was declared open on the applica- tion of Daniel A. Gorman for permission to maintain a two Gorman car garage at 11 Sunnyknoll Avenue, Lexington. Mr.Gorman garage appeared and presented plan of the proposed garage. No hearing. persons appeared in opposition. Mr. Potter moved that the permit be granted subject to the approval of the Building Inspector. Mr. Rafrse seconded the motion and it was so voted. Chief Sullivan appeared before the Board to discuss the letter which the Town Counsel wrote the Selectmen relative to Henry Harvey's outstanding bills and attach- ments. Chief Sullivan said that he talked with Harvey who Harvey said that all he was getting out of his wages was $20.00 case. per week. The man contacted an attorney in Ipswich who is coming up to see him tomorrow to try to straighten his affairs out. Chief Sullivan redommended that nothing be done at the present time. The Chairman suggested that the Chief let the Board know when he thought the Board should take some action in the matter and the Chief agreed to do this. A Mr. Stenge appeared before the Board to demonstrate the iron Clair, a grip to be used by policemen' in place of Police - tIron claws The Chief said that Mr. Stange was formerly el a II connected with the New York Police Department. Seventy- two police departments in Massachusetts have purchased the device including Woburn, Framingham, Waltham, Watertown, % Belmont, Cambridge,etc. The iron claw can also be used 364 cm FY� very effectively as a tourniquet. Stange said that the 4 cost of the iron claw would be saved in three months. It retails for 65.75 and $7.00 with the leather case, but he said that he would give a flat price of $6.15 with the leather case for cash. The Chairman asked if there was enough money in the appropriation to purchase the claws and the Chief said he did not know but would look it up and report next week. Mr. Fred Bailey of 507 Waltham Street appeared before the Board to discuss the henhouse which he is erecting on his property. The Chairman read a letter received from the Health Inspector stating that the building would have Bailey re a steel frame and would be insulated, fireproof and water- Henhouse. proof. All the hens that are now kept in batteries in the garage will be moved into the new building. Mr. Stevenson felt that the new building, which would be connected with the present garage, would be far superior to the present arrangement. He said it would be 300 feet away from the residence of Mr. Rix, who complained of the location. Mr. Stevenson said he saw no objection to the new building. He talked with Mrs. Eldridge of 495 Waltham Street, who said that Bailey kept his place in perfect condition. Mr. Bailey said that the Building Inspector had instructed him to stop work until further notice. Bailey haid he took the permit out in 1935 but had not gone ahead because of financial difficulties. He purchased the property with the intention of doing something like this in his later years. He does a strictly retail business. Bailey said that he had kept fowl in his garage for three years. The new building was designed by two of the leading professors in the country and it will be a modern, efficient plant in every respect. Bailey talked with Mr. Rix, who said he would not have any objection to any other location and Mr. Bailey said that last summer Rix built a su*merhouse and did not take out a permit, and last year he extended his garage so as to accommodate three cars and did not get a permit for that. The Chairman asked if there was any other place that he oould put the building so that he and Rix would be satisfied. He said that there was not as there would be an additional expense because of water and heat. If he moved it as far away as he possibly could, it would be 200 feet beyond where it is now but would be on low land and would not be suitable. He retired. Mr. Potter moved that the Building Inspector be in- formed that the Selectmen had no objection to the continuance of the work. W. Rowse seconded the motion and it was so voted. The Clerk stated that Mr. Bailey had made application for a permit to keep from 200 to 500 hens. Mr. Potter moved that Mr. Bailey be granted the permit. Mr. Rowse seconded the motion and it was so voted. Mr. Ross voted in opposition. Mr. Clark appeared at the meeting. L 365 Mr. Edward Wood, Chairman of the Cemetery Commission- ers appeared before the Board. He said that the Commies- " loners had practically given their consent to moving the stone posts from the Munroe Cemetery and he wondered if the Selectmen had given their consent. The Commissioners Posts at have told the Field and Garden Club that they could have Munroe the posts provided everything was left all right and there Cemetery. was no expense to the Town. Mr. Wood tallied with the Town Counsel who said he saw no objection to the removal of the posts. The Chairman told Mr. Wood that the Selectmen had given Mrs. Chester Cook a letter granting permission to move the posts. Mr. Rosa said that his firm had made arrangements with the Field and Garden Club to take the posts out, but nothing had been said about those in back of the Moore property. Mr. Wood retired. Mr. Clark said that he had received a letter from Senator Cotton stating that the last indications were Lowell St. that the Lowell Street extension would run through the Extension. center of East Lexington. The Chairman said that it would be quite some time before anything was done on this road. Mr. Potter moved that the Chairman get in touch with Senator Cotton and request that the Board be notified when any definite location was decided upon so the Board could take action. Mr. Clark seconded the motion and it was so voted. Mr. John F. Downey appeared before the Board. He said he came before the Board to see what he could do about being appointed a Police Officer. He said that he read Police the record of the May 10th meeting and wanted to know why Appoint- Messrs. Giroux, Clark and Rowse objected to appointing meat. him. The Chairman said that he told him his reasons when he talked with him over the telephone. Downey said that he had passed his examination and qualified and that the Town voted to make an appointment as of May 1, 1938. He said that he paid taxes here, had a family to support and needed the job. The Chairman asked if there were any further quest/Ono, and there being none, he retired. Mr. Potter said that if the Board thought that it had a problem now, it would have a bigger one when the new list came out. Mr. Rowse moved that no action be taken on the matter of appointing a police officer. Mr. Clark seconded the motion. Messrs. Ross, Potter and Giroux voted in opposition so the motion was not carried. Mr. Potter then moved that Mr. John F. Downey be appointed a permanent patrolman in the Lexington Police Department as of June lst, 1938. Mr. Ross seconded the motion and it was so voted. Mr. Clark voted in opposition on the grou .ds that he desired to have the privilege of passing on more than one candidate. Mr. Rowse voted in opposition for the same readon, together with the fact that the Board had not been able to get more complete information on Mr. Downey. Letter was received from the Town Clerk stating that he had received word from the Director of Accounts that Bow St. the vote authorizing the borrowing of money for the Bow Sewer 366 47) Street sewerage work would not be effective until at least 75% of the owners of property affected had agreed to pay the betterment assessment. Letter was received from the Health Inspector stating Woburn St. that he had made a survey of the Woburn Street area and Dump. had found tin cans in some back yards but said that no health menace or nuisance existed. He said, however, that the situation would no doubt grow worse as the residents were making no attempt to keep their properties clean and probably would not do so until they found out what was going to be done for a place to dump rubbish. Letter was received from Mrs. S. Randolph Kelley ad- Permit to vising that the Hancock Congregational Church was going close off to hold a Mardi Gras on Saturday, June 4th on the grounds street. of the Church. Mrs. Kelley requested that the church be allowed to rope off Mass . Avenue in front of the church from 4:00 P.M. to 11 P.M. in order to hold a street dance. Mr. Potter moved that the request be granted. Mr. Ross seconded the motion and it was so voted. Letter was received from Samuel L. Fardy who is connected with the firm of Cyrus Brewer and Co. Mr. Fardy Insurance. requested that he be given the privilege of placing some of the town's insurance.. Mr. Potter moved that Mr. Fardy's name be put on the list for consideration when insurance is to be placed in the future. Mr. Ross seconded the motion and it was so voted. Letter was received from the Mass. Dept. of Public Bicycle Works relative to bicycle rdgulations to be adopted by Regulations.schools. Mr. Potter moved that the matter be turned over to the School Committee. Mr. Rowse seconded the motion and it *as so voted. Board of Board of Appeals findings granting permission to Appeals the Lexington Trust Co. to maintain a sign not over 4'x 6' permit. in size on the lot at the corner of Mass. Avenue and Pelham Road was received. Letter was received from the Town Counsel advising Fuhrmann that Mrs. Verna Fuhrmann had agreed to settle her claim claim. against the Town for the sum of $100.00. Mr. Potter moved that a voucher in the amount of $100.00, be put threagh to settle the claim. Mr. Rowse seconded the motion and it was so voted. Article Letter was received from Manfred L. Warren Secretary re changing of the Lexington Field and Garden Club, asking if the name of Selectmen would insert an article in the warrant for the Depot Park. next town meeting to change the name of Depot Park to "Emery Park". Mr. Clark moved that such an article be inserted in the Warrant for the next Town Meeting. Mr. Ross seconded the motion and it was so voted. 367 Application was received from G. Hurtado of, 53 Westview Street for permission to keep ten swine. Mr. Ross moved Permit to II that the permit be granted. Mr. Potter seconded the keep swine motion and it was so voted. The Board discussed Mr. Paul Cowdrey's offer to pur- chase Lot 56 on Stedman Road for $50.00. Mr. Potter said Sale of that he thought the Board should get at least $100. for lots. the lot and so moved. Mr. Rowse seconded the motion and it was so voted. Letter was received from Chester R. Banks of Arlington Sale of offering to purchase Lots 56 and 57 East Lexington Annex lots. on Brandon Street for $60.00. Mr. Potter was requested to look the lots over and make his recommendation. Application for a Sunday Sales License was received from Clarence E. MacPhee of 14 Baker Avenue. Mr. Ross License. moved that the permit be granted. Mr. Rowse seconded the motion and it was so voted. Water liens in the amount of $107.80 were signed by the Board. Liens. The Chairman stated that Mr. James A. Bailey of Arlington had telephoned him and had discussed the Ryder cases. Mr. Bailey wanted to know if it would be a waste of time if he came in to talk to the Board in regard to the settlement of the cases. Mr. Bailey Was talking along Ryder the line that the Ryders might withdraw their suits if cases. some arrangement could be made on the taxes, etc. The Chairman asked if he had the right to make that statement and he said that he had. Mr. Giroux talked to Mr. Wrightington about it and asked if he thought it was the duty of the Board to listen to Mr. Bailey and Mr. Wright- ington said he believed so. It was the sense of the meeting that it would be best to invite Mr. Bailey in to hear what he had to say and to have the Town Counsel in at the same time. It was decided to begin the bi-monthly meetings in Meetings June. The first week the meeting will be omitted is that of June 13th. Messrs. Mitchell and Morse appeared before the Board to discuss welfare matters. Welfare Letter was .reeeived from. the Lexington Baseball Club requesting permission to use Parker Field on sixteen dates Use of during the coming summer. Mr. Potter moved that the use Parker Field of the field be granted subject to Mr. Garrity's approval. II Mr. Ross seconded the motion and it was .so voted. The meeting adjourned at 10:45 P.M: A true record, Attest; Clerk.