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HomeMy WebLinkAbout1938-11-08SELECTMMT f S MEETING NOV. 8th, 1938. I A regular meeting of the Selectmen was held in the s Selectmen's Room, Town Office Building, at 7:30 P. M. Chair- man Giroux, Messrs. Potter, Ross, Clark and Rowse were present. The Clerk was also present. 11 C.] Mr. Raymond appeared before the Board. He stated that William Cann of 9 Summit Road had requested that a street light be installed on the pole almost opposite his house. Mr. Raymond said that he would recommend that the light be installed. Mr. Potter moved that the Board authorize the installation of a street light at this location. Mr. Ross seconded the motion and it was so voted. Mr. Raymond stated that the Chairman received a letter from the Mass. Dept. of Public Works requesting authorization to plow snow on Route 2A on Mass. Ave. from Marrett Road to Maple Street and on Maple Street to the bridge. Mr. Raymond recommended that no action be taken on the matter inasmuch as the town has to plow Mass. Ave. and Maple Street anyway and might just as well do this small piece. Mr. Ross moved that no action be taken on the matter. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond stated that the School Department intended to erect a shelter on Bedford Street opposite Winter Street and would like to have some signs there reading "Slow - Children Crossing". He said that Bedford Street was a State highway and he thought the proper procedure would be for the Selectmen to authorize him to request the State Department of Public Works for permission to erect such a sign. Mr. Ross moved that such authorization be given Mr. Raymond. Mr. Potter seconded the motion and it was so voted. Mr. Raymond stated that the Board had before it a form of agreement which the Town Counsel had drawn up in the matter of cooperation between Arlington and Lexington in the matter of sewer connections. He said that he approved the agreement and reported that another was in the hands of the Board of Public Works in Arlington and they probably would agree to sign it and then the signed agreements would be exchanged. Mr. Potter moved that the agreement be signed as follows: AGREEMENT AN AGREEMENT made this 8th day of November, 1938 be- tween the Town of Arlington, a municipal corporation in Middlesex County, of the one part, and the Town of Lexington, a municipal corporation in Middlesex County, of the other part, WHEREAS both Arlington and Lexington are included in the Metropolitan Sewer District and sewage from Lexington now 0 Street light. Snow plowing Signs on Bedford Street Agreement re sewers. Pq flows through a trunk line or trunk lines in Lexington into similar lines in Arlington; and WHEREAS in certain sections of the two towns adjacent to the line between them it will be more economical to dis- charge sewage from sewers directly into the street mains of the other town instead of directly to the trunk line of each town respectively, and it is the purpose of this agree- ment to provide a reciprocal arrangement for that purpose; and WHEREAS when used herein the word "sewer" refers to sanitary sewers and not to drains for surface water; NO`fd, THERM6ORE, In consideration of the premises and of the mutual agreements herein contained it is hereby mutually agreed as follows: 1. The Town of Lexington may connect a sewer in Lowell Street, Lexington, to the Arlington sewer in Lowell Street at or near the Arlington -Lexington line and through that Lowell Street sewer in Lexington discharge the sewage from an area in Lexington which may become tributary to a sewer in Lowell Street extending from the Arlington line to a point at the junction of Lowell and Summer Streets, said discharge of sewage not to exceed a maximum rate of 300,000 gallons per day. 2. Whenever the Town of Lexington shall build a sewer in Crescent Hill Avenue, Lexington, extending to or near the Arlington line, the Town of Arlington may connect with it sewers in Arlington within the area shown on the plan hereto annexed marked A", and discharge through it sewage from the said area. 3. Whenever the Town of Lexington shall build a sewer in Daniels Street, Lexington., extending to or near the Arlington line, the Town of Arlington may connect with it sewers in Arlington within the area shown on the plan - hereto annexed marked "B", and discharge through it sewage from the said area. 4. Neither town shall be obligated to pay any part of the cost of construction or maintenance of sewers in the other town except such parts of sewers across the town line as it may choose to construct at connecting points. Any construction by one town in the other shall be in a ,-i manner satisfactory to the superintendent of the sewer department of the other and thereafter the surface of the ground excavated shall be restored by the town making the excavation. No charge shall be made by either town to the other for the facilities hereby accorddd. IN WITNESS WHEREOF the parties hereto have caused this instrument and a duplicate original thereof to be signed in their names and on their behalf and their res- pective corporate seals to be affixed by their respective officers thereunto duly authorized. TOWN OF ARLINGTON BY TOWN CP LEXINGTON BY Archibald R. Giroux William G. Potter Albert A. Ross A. Edward Rowse ' Philip M. Clark Mr. Ross seconded the motion, and it was so voted. Mr. Raymond reported that approval had been received Playground of the supplementary project on the playground. He said project he was merely calling this to the Board's attention. Mr. Raymond rep-orted that there were six Ash trees on Lincoln Street where it was proposed to bUld a side- Sidewalks walk under the W.P.A. These are all beyond Middleby Rd. The trees are located so that it will be impossible to put a sidewalk there so as to do a decent job'of snow plowing. Mr. Garrity agreed that the trees should be removed. Mr. Rowse asked if the cost of removing the trees was included in the W.P.A. project and Mr. Raymond said that it was not and that the cost would be charged to the town. Mr. Rowse said that there would be no money available inasmuch as it was necessary to request a transfer of funds for that de- partment at the next town meeting. Mr. Raymond said that he was not sure whether or not the removal of trees was included in the project. Mr. Clark asked what kind of a side- walk was walk would being built and have to be a Mr. Raymond said that the side- Removal stonedust top. A bituminous top of trees sidewalk would be built only under the Betterment Act. The Chairman stated that the Board had had requests for sidewalks 4 on Lincoln Street several times in the past. Mr. Rowse asked if there was enough money to remove the trees and Mr. Raymond said he thought that there was. Mr. Ross moved that the Selectmen, acting as Tree Wardens, authorize the posting of the trees for removal. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that Mr. Grindle had requested Use of the use of Cary Hall on Jan. 20, 1939 between 1;00 and Hall. 2;00 P.M. when it is planned to have a speaker address the pupils. Mr. Potter moved that the use of the hall be granted on that date free of charge. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that Mr. Beach was going on a vacation Nov. 10th for one week. He requested permission Beach - to employ James Collins in Beach's place and pay him $10, vacation out of Public Works, Labor, Materials and Expenses. Mr. Rowse asked if this was the usual procedure, and Mr. Raymond said that last year one of the engineers was used, but he was not available now. Mr. Ross moved that Collins be employed and paid `, 10. out of Public Works, Labor, Materials and Expenses. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that a kitchen stove was left in the Barnes property vhen the town took possession of it and Stove at the O'Keefe's would like to buy it. He said it was a very Barnes good stove but it was nothing there would be any demand property. for now. Judge Northrup thought it belonged to the Town. The O'Keefes have offered 025. for it and Mr. Raymond recommended accepting the offer. Mr. Ross moved that the recommendation be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond called the Board's attention to the fact that his report for this week contained notice that the fire hydrant on Stetson Street had been covered with burlap so that the Fire Department would not attempt to get water Hydrant - from it in case of fire. He said there was absolutely no Stetson pressure there. Mr. Rowse said that the family in the Emery Street. house said that they were getting water all right. Mr. Raymond said that he went into that house and found that the water was flowing very slowly and further, the hydrant had been opened and the stream of water did not go more than two feet. The following letter was received from Mary E. and Florence M. Boyd; " November 7, 1938 Board of Selectmen Lexington, Massachusetts Dear Sirs; We have a copy of Release drawn up by the Town of Lexington which, of course, we do not intend to sign and release the Town from any claim for damage that was caused when three employees sent by your Supt. of Public Works out the roots off the tree on our premises at 7 Hancock Avenue without supervision, and allowed the tree to sag ,into the roof and cause damage to both the outside and insidd of the house. We do not know what the extent of the damage will be until the tree has been ranoved. You will have to remove the tree without the release being signed, or we will have a Tree Expert remove it with trained, competent men -- without any further damage to the house -- and send his bill, which mould be 40.00, to the Town. Yours very truly, Mary E. Boyd Florence M. Boyd The Board felt that no action should be taken on the matter. The Chairman suggested that pictures of the tree be taken inasmuch as it is still on the house. The Chairman presented a petition signed by sixteen property owners on Mass. Avenue requesting the installation of curbing from the Hancock Congregational Church to Parker Street and from the junction of said Avenue with Harrington Road to Stratham Road. Mr. Ross asked if there was any money available to do this work and Mr. Raymond said there was not. Mr. Potter moved that the job be written up as a W.P.A. project and submitted. Mr. Ross seconded the motion and it was so voted. n Letter was received from the Town Accountant calling the Board's attention to an uncollected balance of $,6279.05 on water guaranties for 1935, and prior years. Mr. Russell wondered if there might hot be certain items which could and should be abated. He said that if the uncollected balances were substantially decreased, the balance sheet would look much better to those persons who checked it. Mr. Ross moved that the Water Department be requested to submit a report of the outstanding guaranties with recommendations on each account. Mr. Potter seconded the motion and it was so voted. M Boyd tree. Curbi ng - Mass. Ave Water guarantibe The contract for Chapter 90 construction on Bedford Street was submitted. Mr. Clark moved that the contract Contract be signed in duplicate and returned to the State Dept. of Public Works. Mr. Ross seconded the motion and it was so voted. The Chairman read a letter received frau the Forest Warden relative to W.P.A. men working on private property to reduce the fire hazard. Chief Taylor said that he was convinced that the conditions he found eonstituted a public menace. He felt that if approximately 60 W.P.A. workers could be made available for this work, the fire menace W.P.A. project - fire hazards » Cd should be eliminated within three months. Report was received from Mr. Raymond stating that a conference was held on Nov. 3rd with Mr. Wrightington, Chief Taylor, Mr. Garrity and Mr. Willard F. Bond of the U. S. Forest Service. Mr. Bond explained the work of elimination of fire hazards by the use of the C.C.C. organizations He has available 60 C.C.C. men in the camp at Saugus but since his area includes the towns between Saugus and Lincoln, little help can be expected for Lex- ington from them. It was unanimously agreed that the most practicable way to proceed would be to request approval of A W.P.A. project to be sponsored by the town and by the U. S. Forest Service. It was suggested that the town con- tribute tools to the extent of about $100. In addition, transportation will cost approximately $10. per day. Mr. Raymond said it would be necessary that releases be obtained from the property owners before work was started and he recommended a form, to be signed. Mr. Rowse moved that the project be approved and submitted. Mr. Clark seconded the motion and it was so voted. The Board discussed the request of Annie Bornstein for Bornstein an abatement of her Highway betterment assessment for abatement. Hibbert Street. Mr. Raymond explained again that the actual betterment to the property was only about one-half of the assessment. Mr. Rowse moved that the assessment be reduced from $712.10 to $400.00. Mr. Potter seconded the motion and it was so voted. The Board discussed again the case of Mabelle S. Appleton Appleton vs. the Town of Lexington. The Chairman asked case if the Board wished to make a counter offer in reply to her attorney's offer to settle for $ 1,000.00. Mr. Clark moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. Letter was received from Chief Taylor relative to the Board's suggestion that the Fire Engineers present a vote Firehouse under Article 1 of the warrant for the Nov. 10th town Committee. meeting to appoint a committee to study the requirements of the Fire Department as to locations and improved housing. Chief Taylor recommended a vote which the Board approved in general. It was felt that it would be all right for the Chairman to present the vote stating that he was presenting it at the request of the Fire Engineers, provided the word "general" was inserted before the word "locations". Letter was received from the Appropriation Committee Budget advising that that body felt that it would be best to con - meetings. duct its own separate budget hearings as in the past. It was felt.. howuver, that cohsi derable time could be saved if the Chairman of the Appropriation Committee and the Chairman of the Selectmen agreed upon a schedule of order under which the budgets would be considered by both bodies. 7 Mr. Rowse said he would like to know when there was going to be some action of the Building By-law Committee on signs. He remarked that the First National Stores had erected a sign twice as large as its previous sign. Signs He felt that the Committee should tell the Board what its recommendation was going to be relative to signs in the center. It was decided to request Mr. Bidwell, the Chairman of the committee, to appear at the meeting next Monday night and bring with him the committee's recommendations on this matter. When a sufficient number of cases occurred in which the Letter was received from the Town Counsel relative to recommendations of both bodies did not agree, a joint Hayden gift. He said it was his intention at the meet- Hayden when the vote was presented, to read the language of gift. meeting could be held to discuss them. Mr. Clark moved condition in the conveyance as the condition is the that the suggestions in general be accepted. Mr. Ross most important thing seconded the motion and it was so voted. Invitation was received from the D.A.R. to attend an open meeting on Junior American Citizenship on Nov. 16th. Invitation Mr. Clark moved that the Chairman be elected to attend the meeting. Mr. Ross seconded the motion and it was so voted. Highway betterment assessments for Cary Street in the amount of $1801.54 were signed, and for Cherry Street Assessment in the amount of $1849.53. Report of the Contributory Retirement Board for the month of October was received. Report. Mr. Potter informed the Board that Mr. Norman Brown had called on him and asked if the Board would reconsider Offer to his offer to purchase Lots 1-6 inclusive, Block 92 and Purchase Lots 3-7 inclusive, Block 91, Meagher development. Mr. lots. Brown offered $15.00 a lot and they are assessed for $100. each. The Board refused the offer last week stating that the lots were near where the proposed Route 128 would go through. Mr. Brown did not believe this to be a fact. Mr. Potter said that Route 128 would enhance the value of the lots, however, Mr. Rowse moved that no action be taken on the matter for two reasons - first, because the offer was inadequate and second, the Board felt that the lots were in the vicinity of the proposed Route 128. Mr. Ross seconded the motion and it was so voted. Letter was received from Roland J. Sawyer, Jr. ad- vising of a hearing to be held on November 14th to discuss Hearing. the Resolves of 1938, Ch. 71. No action was taken on the matter. Mr. Rowse said he would like to know when there was going to be some action of the Building By-law Committee on signs. He remarked that the First National Stores had erected a sign twice as large as its previous sign. Signs He felt that the Committee should tell the Board what its recommendation was going to be relative to signs in the center. It was decided to request Mr. Bidwell, the Chairman of the committee, to appear at the meeting next Monday night and bring with him the committee's recommendations on this matter. Letter was received from the Town Counsel relative to the ing, Hayden gift. He said it was his intention at the meet- Hayden when the vote was presented, to read the language of gift. the condition in the conveyance as the condition is the most important thing as far as the town is concerned. He said it did not vary materially from the vote except that , It made a contingent provision, the possibility of erect- ing a school building on the site. Mr. Wrightington said it was not necessary to mention this in the vote because General Laws permit that on a playground. He said, how- ever, that it was necessary in the deed. Commitment of water miscellaneous charges in the amount Commitment. of $111.20 was signed. 1 Messrs. Mitchell and Morse appeared relative to Welfare Welfare matters. The Chairman stated that Daniel A..Gorman, Jr. waz appointed a Deputy Inspector in Precinct 4 and reported for work .at the Primary Election at 7:45 A.M. and worked until Gorman - 11:00 o'clock before the Warden discovered that the chief work at officer was there and that Gorman should not have been work - polls. ing. The Chairman stated that both were at fault, Gorman because he was not notified to work and the Warden for allow- ing him to work when the chief officer was present. Gormap, however, has asked that he be paid for the time he put in. Mr. Ross moved that he be paid on an hourly basis at the rate of $7. for the election. Mr. Potter seconded the motion and it was so voted. The meeting adjourned 10:15 , at P.M. A true record, Attest : Clerk. 1