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HomeMy WebLinkAbout1938-05-31C 1 1 SWZCTMENIS MEETING MAY 31, 1938. All members present. Time; 12:15 A. M. (June 1, 193 8) Upon motion by Mr. Ross, seconded by Mr. Clark, it was voted that Mr. Giroux relinquish the Chair temporarily, and that Air. Rowse act as Chairman Pro -tem, Mr, Giroux then moved that the .position of. Police Officer be vacAted at once by Mr, John F. Downey, inasmuch as it has been learnedthathe made a serious mis-statement of fact at a hearing before the Selectmen previous to his appointment. Mr. Ross seconded the motion, and it was so voted. Mr. Potter voted in opposition. A true record, Attest: Chairman, Pro -tem. 377 0 Ready - Bd. of Survey layout discussed. SELZCTMENrS MEETING MAY 31, 1938. A regular meeting of the Selectmen was held in the Selectments Room, Town Office Building, at 7:30 P.M. Chairman Giroux and Messrs. Rowse, Ross, Clark and Potter were present. The Clerk was also present. Mr. Frank H. Ready appeared before the Board and presented a plan which he contemplated presenting to the Board of Survey. This was a plan of land off Mass. Ave. on Concord,Hill. Mr. Ready said that at the time of the eredtion of the standpipe, the Town had a right of vay from Lincoln Street to the standpipe, but it was not wide enough so that materials for the new construction could be brought in that way. The Town wanted to purchase a right of way from.the McCaffrey family, and the family said that it would agree if the Town would accept the layout of lots as shown on this plan. The layout was approved with the exception of Bernard Street, now called Aaron Road, Mr. Ready thought that the Town of Lexington owed the McCaffrey Estate scsie' recompense for the M ght of way. At the time the standpipe was erected, the bank on this land was torn down, and Messrs. Custance and Trask, then on the Board of Selectmen, promised to plant trees and shrubs to fix the place up. He wondered if this Board would consider doing that. The Chairman told Mr. Ready that the matter would be investigated, and he retired. The Chairman said that he would request Mr. Raymondto dubmit a report` on the matter. Mr.,Fred Longbottom, the Building Inspector; appeared before the Board. He stated that D. J. OfConnell was re --s modelling the block at 1757 Mass.. Ave., and he (Longbottom) had been instructed by previous Boards of Selectmen and the Town Counsel not to grant a permit for any changes until OtConnell the whole layout had been approved by the Selectmen. Mr, building to Longbotrom was afraid that any improvements might come be remodelled.within the taking which the Town made, and that when fte Town made use of that taking, O'Connell would have further cause for suit. 'The Chairman said that O'Connell knew that the Town had rights there,- and anything that he would do was at his own risk. Longbottom said that the Judge had rulead that there were to be no structural changes in the building. Mr. Potter said. that this seemed to be a4,Lquestion which the Town Counsel should answer. The Chairman requested Mr. Longbottom to take the matter up with the Town Counsel, and abide by his decision. Mr. Raymond presented a request for the continuation of the topo survey, which he requestedthe Chairman to sign. The Chairman asked if the Board had approved the project,, 1 and Mr. Raymond said that the original project had been approved, but he did not believe that this supplementary ' project had been approved. Mr. Rowse asked if this had anything to do with the aerial survey, and Mr. Raymond replied that it did not, but that the aerial maps were used in connection with this work. The Townes share of the cost, including Mr. Cosgkove's and Mr. Beach's time, was $4900.00. $2800. was included for Mr. Cosgrove's time, and one of his assist ant's. Mr. Ross moved that the -supplementary project be approved. Mr. Clark seconded the motion, and it was so voted. Mr. Raymond said that the lot at the corner of Taft Avenue and Charles Street was about to be foreclosed for non-payment of taxes, but he did not know when that would take place. The assessed valuation. is $220., and about $80. is due for taxes. No one bows the address of the owner. Mr. Raymond -chat the valuation of the work done was worth more than $220. Mr. Clark asked When Mr. Carroll would take the lot in the name of the Town, and Mr. Raymond said that he did not know. Mr. Ross said that he thought the town should make the taking anyway. Mr. Raymond recommended that he be authorized to prodeed to have the drawings made up and the order of taking prepared. Mr. Potter moved that this authorization be giveh Mr. Raymond. Mr. Ross seconded the motion and it was so voted. ' Mr. Clark voted in opposition. Mr. Raymond said that on the lot at the other end of Charles Street, he found that the street was accepted in 1917, and the building permit f or the Albertine house was Issued in 1930. Mr. Potter said he thought that the owner should be ordered to remove the wall, shrubs, etc* rich he has put in the street. Mr. Potter moved that the owner be so ordered. Mr. Rowse seconded the motion, and it was so voted. The house is owned by Cornell N. and Loretta Albertine, Mr. Raymond informed the Board that he thought that the 'Town did not own Lot #9, Lincoln Street, but found that it did. He thought that the shack on the lot should come down. Mr. Ross moved that Mr. Raymond be instructed to remove the shack with Welfare labor. Mr. Potter seconded the motion, and it was so voted. Mr. Raymond said that the Tom Counsel was of the opinion that the 3001- extension of road in front of land which Mr. Raymond Bond had purchased on Pectham Road was A private way as it now stands, but that the Town might be held liable because of any defect in it, and because of that it probably was in order for the Town to make repairs on it. Mr. Clark asked if the Town would still be liable if a "Private Way" sign was erected, and Mr. Raymond said that it probably would not be liable. Mr. Potter moved that Mr. Raymond be authorized to erect a "Private Way" sign on Pelham Road before the Bond 369 Topo Survey Lot at corner of Taft Ave. and Charley Street. Albertine house. Lot #9 Lincoln Street Pelham Road 370 property. Mr. Ross seconded the motion, and it was so voted. Mr. Raymond said that some time he planned to have all the streets looked into that they were in doubt about, and probably he would ask the Board to make new acceptance orders where the records were defective, and have the records plain as to what streets were accepted or un- accepted, Mr. Raymond presented certificates for the following W.P.A. projects: Moth Control, Playground Control, and W.P.A. the Curbing project and Mosquito Control project. All of these are in operation. Mr. Potter moved that the certificates be signed. Mr. Ross seconded the motion and It was so voted. Mr. 'Raymond read a letter dated May 26, 1938 which qualified the necessary certifications for releaseof Federal funds on projects which were started prior to June 30th and which would not be completed by July lat. W.P.A. The Chairman asked if the signing of the certifications Certif ica- would have any bearing on whether or not work could be tions stopped on the playground project at any time, and We Raymond said that the only way a project would be stopped would be by not supplying Town funds. The Chairman asked if men could still be transferred from one project to another, and Mr. Raymond replied in the affirmative. He said that the W.P.A. fiscal year ended June 30th, and some time the Government might have to acme in and make a change in previous agreements, as it did not know what was going to happen. Mr. Clark said that he understood that the men, work. Ing on the playground job would be transferred to the Vine Vine Brook. Brook.project as soon as it was approved, Mr. Raymond said that the men would be transferred to the Hardy"s Pond brook project., but not to Vine Brook. `''He said.that he had not been working on a Vine Brook W,P,Ao project, but had been working on a Vine Brook P.W.A. project. The Chairmanrequested Mr. Raymond to�,chebk up on the matter as to what the situation was from a W.P.A. standpoint. Mr. Raymond reported that Frank Dailey of 18 Bowker Street stated that the Town had caused damage to the street as a result of the laying of a water pipe, and asked that filling material be put in. Mr. Raymohd Bowker looked the street over, but could not see that the damage Street could be attributed to anything that the Town had donee. He thought that the damage was due to traffic and water which washes down through there, largely from private property. Dailey miintains that the water comes from Taft Avenue, and that the pipes in the street are in danger of freezing. Mr. Raymond did not agree with him. Mr. Herbert Miller, also of Bowker Street, requested that F L [l 371 filling be put in, _. Mr, Raymond._ thought that this was the, regular request from individuals -to put filling material in on private property. When he went down there, Dailey pointed out pea stone that some Town Department had put in there. Mr. Rowse moved that no action be taken on the matter. Mr. Potter seconded the motion, and it was so voted. Mr, Calvin W. Childs appeared before the Board. Mr. Raymond read a letter which had been received from R, H. Davison, attorney for Mr. Childs, stating that Mr. Childs had consulted him regarding the proposed building of a granite curbing in front of his premises at 409 Mass. Ave. The letter stated that due to the contour of the adjacent land including the level of the present highway and Mr. Childte property, it seemed probable that the changes which must necessarily be made would result in a serious accumulation of drainage water on Childs' premises with the possibility of the accumulation of stagnant water in the highway and gutter, there being no catch basins in that area. He said that this would result in serious f inane Ial damage to Mr. Childs. Mr. Raymond said that he did not see how there could be any damage to Childs' property from a drainage'point` of view, or any stagnant water, He thought that there would be s material improvement in the drainage in the highway and in the gutter. The Chairman asked if Childs ' would have to do anything with his gas pumps if this curb- Curbing Ing was put in, and Mr. Raymond said that he Would not in front unless there was a pipe or something else within 18" of the of Childs curb, Mr. Childs did not think that there was a pipe that near the curb line. The Chairman asked if this curbing would cause Childs any expense because of the grade of the sidewalk, and Mr. Raymond replied in the - negative. The Chairman asked if the water from the sidewalk would go onto Childs' lawn in any great quantity and cause damage. Childs said that his objection was because of the difficulty he had had before. They have seen water in the area where the grass plot was, and last,year they had a little tate9e_.in the sidewalk. The Chairman asked him if he thought that the curbing would keep the street water off the sidewalk, and Childs said that because of the elevation, the curbing would have to be sunk so low that it might just as well not be there. The Chairman asked what particular harm it would do if the Childts property was skipped and the rest was done. Mr. Raymond said that there would be a big gap in the curbing line, but probably it would not do a great deal of harm. He said that there was a strip of sidewalk about 300' long that provided no protection for pedestrians. Childs said that he objected . because of the money the curbing would cost and because of the trouble he has had in the past. He was afraid ' that it would make the situation worse. .Mr. Raymond said that this work would not entirely correct the drainage situation, and that some time there would have to be a 372 storm drain put in. there. Childs retired. Mr. Rowse asked ifMass. Ave. was considerably above the correct grade. Mr. Raymond said that the gutter was ' high, and he proposed to establish- a correct grade with this curbing. The Chairman asked if it would be possible to put in a curb for Childs later on, if he saw that the rest of it was working out satibfactorily, and Mr. Raymond replied in the affirmative. He said that he did not care if the Childs property was skipped, but the two other gasoline stations had finally agreed to the curbing, and they probably would complain if the work was not done in front of Childst. He said that Childs doubted the engineerst words that the curbing would improve conditions there. Mr. Rowse said that mhen Mr. Raymond said that there was more drainage work to be done there, it seemed bad business to lay the curb. Mr. Raymond said that it would improve the drainage, but would not be a complete job. Mr. Raymond said that he did not see haw Childs could arrive at any conclusion that he would be damaged. Mr. Clark moved that the Childs property be omitted from the curbing program on Mass. Ave. Mr. Rowse and Mr. Giroux voting in favor, the motion was carried. Messrs. Potter and Ross voted in opposition. Letter was received from Charles D. Blake suggesting Blake that "Stop" signs be erected on Merriam Street at Qakmount request for and York Streets. Mr. Raymond said that such signs were ' stop signs, not legal until after a hearing and acceptance by the Mass. Dept. of Public Works. He said that he made a survey in 1936 and recommended seventeen stop signs' and no action was taken on the matter. He thought that twelve of those he recommended were more important than these. Mr. Rowse moved that no action be taken on the matter until the budgets for 1939 were discussed. Mr. Potter seconded the motion, and it was so voted. Mr. Ross said that Daniel Gorman had been in to see Sewage in him regarding the sewage that was being dumped into the the Gorman ditch in the rear of his property. .Mr. Raymond said it ditch, was a neighborhood proposition, and that the Town was not contributing to the trouble. The only solution is a sewer system, and the Town has no right to go in there and do work on private property. He said that what Gorman wanted to do would not take care of the matter anyway. Mr Rowse moved that no action be taken on the matter. Mr. Potter seconded the motion, and it was so voted. Mr. Thomas Ferry appeared before the Board. He said that he had been stopped from taking water from hydrants for spraying purposes,, and the Supt. of the Water Depte told him that he had had orders to stop anyone from ' tapping onto hydrants. He said that if his tank went dry, it took thirty.or forty minutes to fill it up. Mr, Rose said that the amount of water taken was not the question. He said that vhen water was taken. from hydrants, it riled up the water, and the Water Department got complaints of ' muddy water. He said that three.or four years ago the Board voted not to allow anyone to tap onto hydrants, and that if Ferry was allowed to do this, others would have to be tijewed to do the same thing. Mr. Clark said that anyone was willing to pay to have his trees sprayed was doi— he Town a public service. Ferry said he could use three locations in the Town and be satisfied: one on Bow Street, one on Waltham Street, and the hydrant at the Public Works Building. Mr. Raymond said that one or two hydrants had been put out of commission, and the damage done was ten times the value of the water used. Ferry retired.: Mr. Potter wondered if it would be practical to have the firemen open the hydrants, as they should know some- thing about them. Mr. Clark thought that perhaps the men should be allowed to go along and use the water. Mr. Roos thought that the matter should be referred to the Supt* of the". Water .Department for his recommendation. He moved, however, that it be referred to the Supt. of Public Works, with the suggestion that perhaps the members of the Fire Dept, could be authorized to open the hydrants in front of the two fire stations to supply the wants. Mr. Rowse seconded the motion, and it was so voted. Mr. D. J. O'Connell, Mr. P. Alfred Tropeano, and Mr. ' R. G. McCormack appeared before the Board. O'Connell said that he was interested in the Police situation, and was appeari'hg -as a friend of McCormack, and note as paid counsel. He said that the eligible list had become exhausted, and there was an examination, and McCormack took the examination and headed the new list. Mr. Potter said that that was not in accordance with the report of the Civil Service Commission. O'Connell said that he knew that, but the list had become exhausted. The Chairman asked him if he was inferring that the Board had anything to do with making up the list, and he replied in the negative He said that McCormack was the first on the list that came out. Mr. Clark asked when that dist went into effect. O'Connell said that the old list would expire on May 11, 1938, ordinarily. He said that the Commission states that the new list has been held-. up pending giving the people a chance to have a physical examination. He said that a man who was on the former list took the examination with McCormack, and moved here so that he could get on that list. He supersedes the other fellow because they are holding up the list. O'Connell said that this other roan appeared before the Board, and when asked why he did not take the examLAation, he stated tl-*t he forgot it. The fact is that he took it, and flunked it entirely. That automatically put him off 1 the first list. The Chairman said that he put these questions up to O'Neil, the Chief Examiner, and asked if the.fact that there were only two on the list would invalidate it, and he said that it would . not. He said 373 Perry request for water for spraying. Poli ce situation 374 the list was absolutely all right. McCormack said that he went in there and got practically the same in- formation. The girl that he talked with now denies , that she told him before that there should be three names on the list. O'Connell stated that there always were three names on a list. Mr. Rowse stated that this man moved to Lexington and was transferred to the Lex- ington list. McCormack said that when the man moved to Lexington it automatically threw him off the list. He said that the fact remained that his name was certified at that time and it could have been held on, but it was not. O'Connell said that he was told that when you take a new examination, your last mark holds, and the new examination provides your rating. Going by that, Downey had no rating. The Chairman said that that was not what O'Neil told him. Mr. Rowse asked how it happened that the certiflea- tion was requested again, when the Selectmen's records showed that the requisition was to be cancelled. He said that there was no record that the certification was to be reinstated. The Chairman said that he requested that the old list be reinstated. Mr. Tropeano said that he was interested in Woodard, and he felt that Domney coming into town was not right. He said it had become quite a practice for city men to ascertain what towns were going to make appointments, and then to move into them. He said he thought that that was Downey's intention in moving to town, and not to - ' establish his domicile and bona fide residence, Mr. Rowse said he understood Downey took the examination when he was' living in Somerville, and not viten he was a resident of Lexington. The Chairman said he had some rights in asking that the old list be reinstated. Mr. Potter telephoned him and said that he would like to have the Downey matter re- consid.ered, and asked him if he would request that the old list be reinstated e a H talked with Mr. Ross about it and he was agreeable, so he had a majority of the Board's approval. He said that he always had been in favor of giving a man a chance for another hearing. O'Connell said that Downeyls probationery period began with his employment and that he could be discharged at any time without a h ea ring . The Chairman said that he had voted against the, appointment of Downey, but he kept asking to come in and kept asking for the job, and he impressed him as a very determined person. He said that the complaint of these people was with the civil service commission and not with the Board of Selectmen. Tropeano said that the fact that Downey lied to the Board should have some bearing on the matter. They retired. Mr. Potter said that the last time Downey appeared ' before the Board it was a surprise to him as he did not know that he was coming in. It was two or three weeks before that that he had been in., and. it was just prior ' to the second last interview that they requested that the old list be reinstated. Messrs. Greeley, Kimball, Kraetzer, Nickerson and Ferguson of the Planning Board appeared. The Chairman informed them that the Board had invited then in to dis- cuss Ch. 211 of the Acts of 1936. Mr. Greeley said that the Planning Board drew up a canplete set of by-laws to cover procedure, and submitted them to Mr. Raymond and Mr. Cosgrove, Mr. Greeley said he was under the impression that the Selectmen had been sent a copy of the by -lags, but the Chairman said that the Board was not familiar with them." Mr. Kimball said that the by-laws were almost entirely patterned by the State Planning Board's pattern. Mr. Kimball said that his only objection was that some of the rules apply to a large city, and not to a small town. The Chairman asked if the Planning Board thought that these laws would give the Selectmen good control over the Town, and Mr. Greeley said that this was considered a very powerful form, of government. Mr. Rowse asked if many towns were following the reconnendations of the State Planning Board, and Greeley said that he thought they were. The Chairman said that the Board would get the ' by-laws and study them and discuss them with the Planning Board later. Mr. Kimball said that the two Boards would work together in the future as in the past. Mr, Greeley said that his Board felt that the system was almost ideal. He will try to have some studies made by the end of the summer. Mr. Paul Cowdrey of Hilltop Avenue appeared before the Board. He offered to purchase Lot 56, Farmhurst,, on Stedman Road for'$50.00. He said that when the former owner had the lot, she offered to sell it to him for $50.00, but he did not want to buy it. He has taken care of this lot for years ---mowed the lawn, kept weeds down, etc,, because it is right beside his own house and he ` wanted the place looking nice. The lot was laid out for a house lot, but is not suitable. He requested the Board to reconsider his offer. He retired. The Board discussed the matter. Mr. Rowse moved that Mr. Cowdrey be advised that, in the beat interests of the Town, the Board felt that it could not reduce the price as sub- mitted to him on May 25th. Mr. Ross seconded the motion, and It was so voted, The 'Chairman asked the Board what it wished to tell the real estate men about the tax title property.' Mr. ' Potter suggested that they be informed that the Board would entertain any offer which they might submit. He thought that they were asking for a great deal more than the Board would be justified in giving them. The C1erk7s letter of May 4th, explaining the Board's position in the matter, was approved with amendments. 375 Chap. 211 Cowdrey re Lot 56 Stedman Road. Tax Title property 376 The Chairman stated that Mr. Potter suggested that Committee a Committee be appointed to look into the tax title re Tax property if the Board was not int ere st ed in looking at Title it. Mr. Rowse moved that the Chairman of the Board of Property. Assessors, the Assistant Assessor, and Mr. Potter be appointed a Committee to look at tax title property, and set values on it. Mr. Ross seconded the motion, and it was so voted. Letter was received from Kelsey G. Reed, Boy Scout Commissioner, advising that the Scouts would like to hold Flag Day a flag ceremony at the Common on .Tune 14th, and request - Ing that the Selectmen approve it. Mr. Ross moved that such approval be given, and that Mr. Garrity. be notified. Mr. Rowse seconded the motion, and it was so voted. Petition was received from the Boston Edison Co. Pole and the N. E. Tel. and Tel. Co. for permission to relocate Location, a pole in front of the O'Connell filling station on Woburn Street. The location was approved by Mr. Raymond. Mr. Rosa moved that the petition be granted. Mr. Potter seconded the motion, and it was so voted. Upon motion of Mr. Rowse, seconded by Mr. Potter, it was voted to grant the following licenses: Victor H. Harmon, 610 Lowell Street,- Common Victualler Licenses. Mary G. Mullen, 283 Mass. Ave. - Innholders' License ' Frank H. Ready, 1760 Mass. Ave. - Overhanging Si§n. Forrest E. King, 6 Waltham St. - " Edward Casey, 76 Laconia Street- Slaughter House License James J. McGann, 156 Woburn St. - Public Carriage The Chairman said that last year the people working in the Town Offices were given some Saturdays off curing Saturday the summer months, and he wondered what the Board wished mornings to authorize on it this year. Mr. Ross moved that the off, female employees be given every other Saturday morning off daring the months of July and August. Mr. Potter seconded the motion, and it was so voted. The Clerk left the meeting at 11:25 P.M. A true record, Attest., Clerk.