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HomeMy WebLinkAbout1938-09-13SELECTMENIS MEEPING. ' SEPT. 13, 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, Clark and Rowse were present. The Clerk was also present. Mr. Carroll appeared before the Board and presented bids on the revenue loan in the amount of x;13,000. to be borrowed under authority of Chapter 58 of the Acts of 1938. Bids were received as follows: Lexington Trust Co. 100.12 In int. Second Nat. Bank 100.60 -� to Merchants Nat. Bank 100.57 - 1%if Mr. Clark moved that the bid be awarded to the low- est bidder. Mr. Rowse seconded the nDtion and it was so vote d. 501 Loan. Mr. Carroll informed the, Board that it was necessary to draw a juror to serve on criminal cases, first session, Juror beginning Sept. 26th, 1938. Hugo L. Nylander, painter, of 5 Manning Street, was the juror drawn. ' Mr. Mitchell appeared before the Board relative to Welfare matters. Mr. Raymond appeared bef ore the Board. He presented five copies of the engineering contract with Metcalf and Eddy on the Vine Brook Drainage job. This contract was signed by Harrison P. Eddy and was approved by the Town Counsel. The Chairman read the contract. Messrs. Clark and Rowse questioned the part of the contract referring to extra compensation for the engineers beyond the fifteen months time limit. It was suggested that Mr. Raymond talk the matter over with Mr. Wrightington, s[nd report back to the Board. Mr. Raymond did talk the matter over with Mr. Wrightington, who said it was a point vhiich he had over- looked and which he corrected. Mr. Raymond said it would be necessary to have the page rewritten, so the contract was not signed. Mr. Raymond reported that the Water Department had tried out three tapping machines, Mueller, the Red Hed and the Haige. The Haige they did not care for at all as it was too light and they thought it would not stand up. The Red Hed was very good but was very heavy. The Mueller was satisfactory in every respect and was less expensive than the others. He recommended that the purchase of the Mueller be approved. Mr. Ross moved that the Mueller machine be purchased at a cost of 6145.05, less a 10% discount and a trade in allowance of 642.50 on the old machine. Mr. Potter seconded the motion and it was so voted. Welfare Vine Brook Contract. Tapping Machines 502 Mr. Raymond reported that Harry:Burgess claimed Material at that the material brought in from other projects to the playground, Center Playground had a great many large stones in it and that money was being wasted in dragging these stones to the end of the field. He claimed that if the town had gone outside and purchased the material, money would have been saved. Mr. Raymond reported that the cost to the town for the material put in at the playground was very small. Mr. Ross moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that Mr. Burgess also claimed a Burgess' shortage of fifty-two hours on his W.P.A. time. Mr. Rowse time. moved that no action be taken,on the matter. Mr. Ross seconded the motion and it was so voted. Petition was received signed by eleven residents of Sylvia Street, representing nine property owners, re- questing the installation of curbing and sidewalks on Sylvia St. Sylvia Street. Their frontage aggregated 400 feet but sidewalks the owners are scattered and the town's property aggregates 350 feet. Using welfare labor, this would cost $2500.00 of which X1100. would be for curbing and bituminous sidewalks. He did not believe that granolithic sidewalks should be put in this street. Mr. Raymond did not know if the people would be willing to sign and agree to pay the betterments or not, but at any rate there is no money available to do this work. Mr. Ross moved that no action be taken on the matter. Mr. Rowse seconded the motion and it was so voted. Mr. Rowse said that there was a lot of criticism on the gravel sidewalks being put in for two reasons. If they are not hard, the people will not walk on them and also, they have a tendency to grow up with weeds. Mr. Raymond Sidewalks said that the sidewalks to be done under W.P.A. could later on be topped with bituminous or granolithic aonstruc- tion. Mr. Rowse suggested that when the projects for W.P.A. were being considered for next year, Mr. Raymond give consideration to the construction of granolithic sidewalks. Letter was received from Joseph Neary of 5 Bennett Ave. stating that there were two trees in front ,of his Trees - house, the roots of which were causing his front cement Bennett steps to break. He requested that the trees be removed. Avenue. Mr. Raymond said that he was interested in removing only one tree as the other was on Nearyts land. The first one is three-quarters on town property. The tree is in good condition and fairly near the house, but it is lift- ing the concrete Blab. Mr. Garrity examined it and estimated it would cost about 620. to remove the tree to the ground and Neary will remove the roots. Mr. Potter moved that the tree be posted for removal., Mr. Rowse seconded the motion and it was so voted. 503 Mr. Raymond reported that the Veterans of Foreign Wars requested the use of Cary Hall on Oct. 14th for an Use of amateur show and on November 22 for a penny sale. Mr. Hall Potter moved that the use of the hall be granted free of charge. Mr. Ross seconded the motion and it was so voted. At 8:30 P.M. Messrs. Knodell and Randall of the Edison Co. and Mr. Garrick of the Telephone Company appeared before the Board to discuss the matter of placing underground the overhead wires in Lexington. Mr. Knodell said his company had made a study of the problem. On Mass. Avenue, from the Arlington line to Grant Street, it Underground is estimated that this work would costapproximately wires 4138,000., the conduit work costing; 067,000., the cable work $46,000. and the overhead work tis12,600.00. That covers the installation and removal of pole lines, etc., also x;10,000. for surfacing of trenches. There is a cost to the town of about 63100. to take care of the ornamental lamp posts. The oxiers would have to pay for pipe and cable installed on their own properties involving an expense of $.75 a -foot. The Chairman asked if the company was doing much of this work in other towns and Mr. Knodell said they had not done very much. Milton and Winchester have much the same problem as Lexington, but Lexington has not been slighted in any way. Mr. Ross asked if the Telephone and Edison work could be put in the same trench and Mr. Knodell said that sometimes it could be, that the matter was being studied and they hoped it could be done in the near future. The Chairman asked if the ccnpany was within its rights in refusing to do work such as this if the town requested it. Mr. Knodell said that the company always liked to do vdiat the towns requested but were in a poor position now to do such work because business conditions were so poor. The Chairman asked how the Telephone Company felt. Mr. Garrick said it would cost about 015,000 to do their work but they could not do it unless the Edison Co. did its share. He said that the company did not feel like doing the work until repair work was needed. The facilities are ample at the present time. The Chairman said that while the companies were not refusing to do the work, he understood that they did not care to do it now. He asked if a program could be worked out whereby a small amount of work couuld,be done each year. Messrs. Knodell and Crandall said they would convey that idea to their company f or consideration. Mr. Rowse asked if they had pressure put on in other towns for underground wires. Mr. Knodell said he felt that the rank and file did not appreciate the under- ground work being done as when they were approached with a set -back grade, they wanted to know WIT, the poles were taken down as they were satisfied with them and did not care to go to any expense. They would rather have the poles than pay for the set -back. Mr. Rowse asked if underground construction was beim installed in new developments. Mr. Knodell said that the promoters were 504 approached and most of them cannot pay their share of that program.. He said that the Bdison Company was willing to do more than a reasonable share of work. Mr. ' Rowse asked if any towns made the requirement that under- ground wires be installed and Mr. Knodell said that they would not have the authority to do that. The Chairman said that this was nothing the Board was trying to force but they would like to have the companies keep it in mind. They retired. Mr. Potter said that Mr. Ryder called him up and wanted to know if the town would be interested in pur- Ryder. chasing the lot on Waltham Street on the westerly side land. of Park Drive. He thought that the town should have it as the Park.system would be bottled up if a house were built there sometime. Mr. Rowse moved that no action be taken on the matter this year. Mr. Ross seconded the motion and it was so voted. Mr. Potter also said that the Ryders had about 8 acres of land in back of the Aldrich property which they wanted the town to take for park purposes. Letter was received from the Town Counsel relative to the case of Harriet M. Kinsley vs. the Town of Lexington, a petition for assessment of damages after a taking by Kinsley eminent domain of Wood Street a number of years ago. The case, case was dismissed because it had been on the docket for 1 years without action by the plaintiff and had gone to judgment for the defendant. Mr. Wrightington enclosed his bill in the amount of 35.00. Mr. Rowse moved that the bill be approved for payment. Mr. Potter seconded the motion and it was so voted. Letter was received from the Mass. Dept. of Public Welfare relative to Mrs. Mary Yodwish. The letter said that it was quite evident from the affidavits presented to that department that Mrs. Yodwish was not complying Yodwish with the terms of her quarantine. The Director said he case, thought the logical procedure was to surrender the patient to the Court at Concord and ask for action under the original complaint f or violation of the terms of probation imposed by the Court. He thought that the Court would then direct the removal of the patient to the State Infirmary. Mr. Goodhue said further that the Commonwealth could not reimburse a local Board of Health for the expenses incurred in enforcing quarantine. Mr. Ross moved that the Board proceed in accordance with the recommendations of Mr. Goodhue. Mr. Potter seconded the motion and it was so voted. At 9;00 P.M. the Building Inspector and Mr. W. R. Greeley, Chairman of the Planning Board, appeard before the Board. Mr. Longbottom had a list showing that there were ' thirty-one illegal signs in Lexington center, the largest being 271 x 61, belonging to the A. & P. Tea Co. T he Chairman asked how it was that this question had never arisen before and Longbottom said that it was not the custom to apply for sign. permits. The company erecting the sign for the A. & P. Tea Co. merely happened to cane in. Mr. Rowse reported that he talked with Mr. Murphy of the Tea Co. who said they would be willing to take the sign down and put up another not over two feet wide if they were given proper time to remove this one. The Chairman said that it was the feeling of the Board that if a sign was the length of the building and two feet high, it would be all right. Mr. Greeley said that that size seemed liberal to him. He said he was going to take the matter up with the Building By -Law committee. Mr. Rowse said that it was a question of drawing a line. If the Board is going to order the Tea Co. to remove its sign, the other signs larger than what the Board is recommending should be ordered removed also. Mr. Rowse said that when the matter was discussed a week ago, the Board felt that the maximum width should be two feet and now they find one sign 21 611 and another 31. Mr. Rowse said that he told Mr. Murphy that the Board would recommend signs two feet wide and he wanted to make sure that that was what the Board was going to allow. The Chairman suggested that nothing further be done on the matter until Mr. Greeley reported the result of his discussion with the Building By-law Committee. Mr. Greeley said he would advise the Board on what that body planned on recommending. Mr. Longbottom reported that there were a great many tourists signs around and the Board of Appeals got after him last week about them. The Town Counsel has ruled that it is permissable to take tourists and he did not know how that could be done unless signs were allowed. Mr. Greeley said that such signs were not forbidden in the Zoning Laws but were merely not taken care of as there were no tourist homes when the laws were drawn up. No action was taken on the matter. Messrs. Greeley and Longbottom retired at 9:25 P.M. At 90-30 P.M. Messrs. T. A. Custance, J. Rudd, Arthur Rocque, Eugene Buckley, Ralph Marshall and Dr. Shannon appeared before the Board. Mr. Cuwtance said that in 1926, Mr. Emery, who was then Chairman of the Planning Board, spent a great deal of time in getting a building line established, particularly from Woburn Street to Hancock Street. Whenever any new development or building in the center came along, the plan was to make the set -back at that time. The Town owns the land in front of the new Post Office building but the tak- ing has never been made in front of the Edison Co. However, there will be no land damages from that concern as there ' is an agreement to that effect. He said that the grading is being done around the Post Office and that is what brought the matter to his attention. Mr. Custance thought the street should be widened to allow for 450 angle parking. 505 Signs Tourists signs Building Line. 506 He thought it would be best to do the widening in front of both the Post Office and the Edison Co. at this time. The land was purchased'f rom the Harringtons in 1932 and nothing has been done on the widening $ince. Mr. Rowse said he ' saw where something could be done in front of the Post Office but not on the Edison Company's land. Mr. Custance said that the Building Line was established there but the land was not accepted by the Town. Dr. Shannon said he did not believe the town had ever formally accepted it. He believed the set -back in front of the Post Office should be made now and that the element of danger should be con- sidered as the Grant Street corner was a very bad one. Mr. Buckley thought that 450 angle parking would create a traffic hazard if allowed in front of the Post Office and the set -back was not ma a in front of the Edison Company. Mr. Rudd thought that there would be a great deal of trouble parking in front of the Post Office if the angle parking was not provided. The Chairman asked him if he thought parallel parking was more dangerous than angle parking and he replied in the affirmative. Mr. Rowse asked what the hurry was as the Government was not going to build a new sidewalk. Mr. Custance said that grading was to be done and he thou,,�#t it would be best to save money if possible. Mr. Rowse asked how many in the group would be in favor of making the widening at the Post Office if nothing was done in front of the Edison Company and Messrs. Rudd, Custance, Shannon and Marshall said they were in favor. The Chai nnan said that the Board would check up on the position of the Edison Co. and discuss the matter ' further. They retired. Mr. Potter moved that no action be taken at the pres. ent time inasmuch as there is no money with which to do the work. Mr. Rowse seconded the motion and it was so voted: Mrs. John May and six property owners in the vicinity of Valley Road appeared before the Board. Mrs. May said that she owned some property on Valley Road and the tenants could not go in and out the road. The road formerly used has been blocked off and she claimed that the road had been opened for twenty years and therefor automatically became a public way. Because of heavy rains last night, the street was flooded and the children were unable to go to school today. She said that there were Valley Rd. some, lots which the town owned and if the town would fill b n in front of those lots the road would be passable. The i r p Chairman said that the town had no right to authorize trork done on private property. Mrs. May said that it was necessary that the work be done in order to get groceries and necessities of life into the houses. Mrs. May said that the person who blocked the road had only been there two or three years. J. F. McCullough, owning property on Valley Road, , said that the way was open twenty-two years, (fifteen years of which he was familiar with), and now has been fenced off. It is not passable after a rainy spell f:;.,, 507 Set -back P.O. property. Haskell Street for anybody on foot. There are a number of children there and it is a question of walking down the railroad track or someone taking them by automobile. Before the road was closed off, they could walk up to Valley Road along the right of way. He suggested that the town dump some filling in the road. The tenant in Mrs. May's house said that the way had been opened for twenty-nine years. Mrs. May asked if it would not be plausible to assume that the town would make a passable road in order to get materials in to build the new pump house. Mr. Raymond said it was possible but not necessary as they could go under the railroad track. The group retired. Mr. Raymond said that a man built a house there and the engineers checked and found that the way they had been using for so many years was not the right of way at all but was private land. Mr. Rowse asked what could be done to take care of the matter. Mr. Raymond said that the people could petition for the acceptance of the street and if the town would not dQ anything, they could go to the County Commissioners and if they found that a street was needed they could order the town to accept and construct it. The Chairman requested Mr. Raymond to contact the Torn Counsel relative to the matter of a private way being open for twenty years becoming a public way and if it was necessary to keep a way passable so that the necessities of life could be received. Mr. Ross received a telephone call from Mr. Custance who requested that the Board do something on the set -back ih front of the Post Office. He then moved that the matter be opened for reconsideration but the motion was not seconded. Mr. Ross said that Mr. Custance requested that the Board set out stakes on the building, line, but no action was taken on this matter. Petition was received from fifteen property owners on Crescent Hill Ave. requesting that Haskell Street be restored with a satisfactory gravel surface. Mr. Raymond explained that a Mrs. Monnehan owned the property on both sides of Haskell Street to Crescent Hill Ave. and she was opposed to the construction of the street and would not sign the petition. The people on Crescent Hill Ave. have paid betterments to have the street resurfaced but there is no outlet and they have to go through Haskell Street, Mr. Raymond said that a drain was installed in Crescent Hill Ave. and that the water did run down from the fin- ished street onto Haskell Street. He said the only right the Town would have to fix Haskell Street would be the liability on account of the washing. The street has to be plowed and if it is left in the condition which it is now, the town will not be able to go in and do plowing. The Chairman asked what it would cost to make the street ' passable. Mr. Raymond said that the cheapest job would cost at least $200. but there is no money available to do the work. Mr. Ross moved that Mr. Raymond be authorized 507 Set -back P.O. property. Haskell Street 508 Board. He presented the records of the three applicants for promotion to Sergeant in the Police Department. He then retired. The ratings from the Civil Service Commission were received as follows: Sergeant. George E. Smith 85.63 Francis T. Neal 82.20 to remedy the situation and that the money be taken from James J. Lima 80. the Highway Maintenance appropriation. Mr. Clark seconded Stanley Hill Post, A.L., X38, recommending the appointment the motion and it was so voted. of Mr. Smith. The Clerk submitted a plan of land owned by James M. appointed.Sergeant in the Police Department at a salary Etter on Woburn Street. Mr. Etter had laid out three lots of $45. per week, the appointment to be effective as of containing 751 frontages and fronting on a 30f right of Etter way. IIe wanted to know if the Board of Survey would approve Mr. Ross moved that William Viano's application for Land, such a plan. Mr. Raymond said that the layout of these seconded the motion and it was so voted. lots would make the right of way a street vdiich would have to be at least 401 in width. It was the feeling of the Board that it could not approve the plan with the 751 frontages inasmuch as the Town Meeting had voted to approve 100' frontages. The Board discussed the request of the Economy Stores that they.be allowed to erect a large sign. The Clerk was Economy instructed to have the Building Inspector advise the Store sign. company that the Board would know within a week or two what the recommendations for signs would be and suggest that they use the old sign on the new "Stop and Shop" store pending the decision. At 11:10 P.M. Chief Sullivan appeared before the Board. He presented the records of the three applicants for promotion to Sergeant in the Police Department. He then retired. The ratings from the Civil Service Commission were received as follows: Sergeant. George E. Smith 85.63 Francis T. Neal 82.20 James J. Lima 80. A letter was received from the Commander of the Stanley Hill Post, A.L., X38, recommending the appointment of Mr. Smith. Mr. Rowse moved that Officer Francis T. Neal be appointed.Sergeant in the Police Department at a salary of $45. per week, the appointment to be effective as of Sept. 14 , 1938. Mr. Clark seconded the motion and it was unanimously voted. Mr. Ross moved that William Viano's application for License. renewal of his Theatre License be granted. Mr. Potter seconded the motion and it was so voted. Letter was received from the Contributory Retirement Lamont Board advising that because John Lamont was over 55 years Retirement, of age mhen he joined the retirement system, he was in- elligible to become a member but, nevertheless, will have to leave the service of the town when he reaches age 70. Commitment of Water Miscellaneous charges in the amount of $194.86 was signed by the Board. ' The meeting; adjourned at 11:30 P.M. A true record,, Attest: C el rk.