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HomeMy WebLinkAbout1938-11-1410 a� SELECTMEN'S MEETING NOV. 14th, 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. Raymond appeared before the Board. He stated that there were four insurance policies expiring on Dec. 5th, 1938 as follows: Hubert D. Broderic - $28,300.00. Mr. Clark moved that the policy be renewed for five years through the same office. Insurance Mr. Potter seconded the motion and it was so voted. Elmer A. Lord & Co. - $20,000.00. Mr. Clark moved that the policy be renewed for five years through the same office. Mr. Potter seconded the motion and it was so voted. George H. Gibson r $22,300.00. Mr. Clark moved that the policy be.renewed for five years through the office of John C. Paige & Co., through Mr. Norman A. Downs of Lexington, their agent. Mr. Rowse seconded the motion and it was so voted. A. A. Marshall & Son - $13,360.00. Mr. Clark moved that the policy be renewed for five years through the sante office. Mr. Potter seconded the motion and it was so voted. Mr. Raymond informed the Board that a check had been received from the H.O.L.C. for the sewer extension in Sewer - Lowell Street to serve -#3 Lowell Street. This will be the Lowell St. only assessment and because it has been paid in advance, Mr. Wrightington was of the opinion that it was not necessary to pass an order for it. Mr. Potter moved that the sewer be extended from the Arlington line to serve #3 Lowell Street and that the cost be charged to Sewer Construction, Sundry Streets account. Mr. Clark seconded the motion and it was so voted. Mr. Raymond stated that application had been received from the Ross Realty Corp. for the extension of about 380 feet of water main in Paul Revere Road. It is estimated that this work will cost $1100. and there is only $900. Water - available in the Water Construction Sundry Streets Account. Paul Revere lie suggested that authorit be given to go ahead and do as Road much as possible with the 1900.00. He said it was possible that the work might be completed for this amount. Mr. Potter moved that the work be started and carried on until the funds available are exhausted. Mr. Rowse seconded the motion and it was so voted. It was therefor voted to sign the order for this extension in the following form: ' 11 ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main PAUL REVERE ROAD (From Mass. Avenue a distance of approximately 380 feet northeasterly). WHEREAS, at a meeting duly called and held on March 21, 1938, the town meeting of Lexington pursuant to an article in the warrant for the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1938 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $2500.00 be appropriated, this money to be provided by the transfer of $1400.00 from the Water Assessment Fund, and the transfer of x;1100.00 from the Water Department Available Surplus Account." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOWP THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and ofevery other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing; and maintaining a water main in Paul Revere Road, from Massachusetts Avenue a distance of approx- imately 380 feet northeasterly as aforesaid, the following easement, namely: The right to enter upon the land shown as Paul Revere Road on a plan entitled, "Plan of Proposed Water Main in Paul Revere Road, Lexington, Mass., Scale 1 in. - 40 ft., Nov. 14, 1938, Joseph A. Ross, Supt. Water Dept." and owned by Ross Realty Corporation, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt. Water Department, dated Nov. 14, 1938, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter ' upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, 12 (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt., Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter.79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN n+ITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this fourt day of November 1938. ARCEiIBALD R. GIROUX SELECTMEN A. EDWARD ROWSE PHILIP M. CLARK OF WILLIAM G. POTTER ALBERT A. ROSS LEKING"TON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Nov. 14, 1938 Then personally appeared the above named Archibald R. Giroux, William G. Potter, Albert A. Ross, Philip M. Clark and A. Edward Rowse, and severally acknowledged the fore- going instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public (Term - Mar. 14, 1945) 1 1 1 1 Mr. Raymond read a letter from Joseph A. Ross relative to wages being paid Water and Sewer Department men. He stated that Otis Harrington was injured last spring and there- for was not able to work as well as previously and would be retired in 1940. He recommended that his wages be decreased from $.55 to $.50 per hour. Mr. Ross stated that Amedio Cuccinello had developed into a very good worker and he recommended that his wages be increased from $.50 to $.55 per hour. Mr. Raymond said he agreed with Mr. Ross's suggestions. Mr. Potter moved that the changes be approved. Mr. Rowse seconded the motion and it was so voted. 13 Water & Sewer Dept, wages Mr. Raymond read a letter from Louise C. Sampson of Request 20 Forest Street requesting the use of Estabrook Hall to for u$e conduct classes in platform speaking, the classes to be held of hall on Wednesday from 10:00 A.M. to 11:00 A.M. Mrs. Sampson requested the use of the hall at the rate of $1.00 per morning. Mr. Raymond said he thought that at least $5. should be charged. Mr. Clark moved that Mrs. Sampson be allowed to use the hall provided she paid a fee of $5.00 per hour. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that Mr. Garrity had obtained two propositions for patting up the tennis court backstop and repairing the fence at the East Lexington Playground. The Security Fence Company, represented by G. A. Arnold of Lexington, bid $270.00 and the Chain Link Fence Co. bid $310.00. Mr. Rowse moved that the bid of the Security Fence Co. be accepted and the expense charged to the Storm Emergency account. Mr. Potter seconded the motion and it was so voted. Repairs to fence and backstop Mr. Raymond read a letter from the Boston & Maine R.R. relative to the easement the town is taking of a twenty -foot strip of land across the railroad location in connection with the Vine Brook Drainage project. The letter said that there would be no objection on the part of the Railroad if the town was willing to accept certain conditions. Mr. Ray- mond said that these conditions, with the exception of the SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING PAUL REVERE ROAD ORDER. (From Massachusetts Avenue a distance of approximately 380 feet northeasterly). Owner as of Jan. lat. 1938 Lot No. Assessment Ross Realty Corp. 5 $139.99 34 90.90 n " n 35 89.99 1 Mr. Raymond read a letter from Joseph A. Ross relative to wages being paid Water and Sewer Department men. He stated that Otis Harrington was injured last spring and there- for was not able to work as well as previously and would be retired in 1940. He recommended that his wages be decreased from $.55 to $.50 per hour. Mr. Ross stated that Amedio Cuccinello had developed into a very good worker and he recommended that his wages be increased from $.50 to $.55 per hour. Mr. Raymond said he agreed with Mr. Ross's suggestions. Mr. Potter moved that the changes be approved. Mr. Rowse seconded the motion and it was so voted. 13 Water & Sewer Dept, wages Mr. Raymond read a letter from Louise C. Sampson of Request 20 Forest Street requesting the use of Estabrook Hall to for u$e conduct classes in platform speaking, the classes to be held of hall on Wednesday from 10:00 A.M. to 11:00 A.M. Mrs. Sampson requested the use of the hall at the rate of $1.00 per morning. Mr. Raymond said he thought that at least $5. should be charged. Mr. Clark moved that Mrs. Sampson be allowed to use the hall provided she paid a fee of $5.00 per hour. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that Mr. Garrity had obtained two propositions for patting up the tennis court backstop and repairing the fence at the East Lexington Playground. The Security Fence Company, represented by G. A. Arnold of Lexington, bid $270.00 and the Chain Link Fence Co. bid $310.00. Mr. Rowse moved that the bid of the Security Fence Co. be accepted and the expense charged to the Storm Emergency account. Mr. Potter seconded the motion and it was so voted. Repairs to fence and backstop Mr. Raymond read a letter from the Boston & Maine R.R. relative to the easement the town is taking of a twenty -foot strip of land across the railroad location in connection with the Vine Brook Drainage project. The letter said that there would be no objection on the part of the Railroad if the town was willing to accept certain conditions. Mr. Ray- mond said that these conditions, with the exception of the 14 following, were included in the contract and the contractor would have to stand the expense of them: "0. Town to assume full responsibility and indemnify the railroad against any and all loss, cost, damage or expense due or in any way referable to construction, extension, use or Easement maintenance of culvert". The Railroad also would expect Railroad damages in the amount of $100. for the easement. property Mr. Raymond said he took this matter up with the Town Counsel feeling that in the next twenty-five or thirty years, the town was going to want several places to cross the railroad and he thought the Counsel might say that the town did not have to pay until damages had been proven. Mr. Wrightington, however, took the position that probably the Railroad was damaged, and it was a question as to whether or not it was damaged $100. or more or less. He did not come right out and say the town should pay that amount, but Mr. Raymond said he thought he would say so if pressed for an answer. Mr. Rowse asked if there were funds available to pay the $100. and Mr. Raymond said he figured a lump sum for railroad crossings and expenses but had not compared it with the bid. He thought there was sufficient money. He said that the agreement would be drawn up so that the items, with the exception of the two mentioned above, would be taken care of by the contractor. Mr. Rowse 3}oved that the agreement be drawn up. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that evidently the Boston Edison Co. Edison had had a regge.st for underground service to the Hunt Block. Service. They had asked permission to install pipe in what is part of Emery Park in order to install this service. Mr. Ross moved that the requested permission be granted. Mr. Clark seconded the motion and it was so voted. Mr. Raymond said that the town owned a lot on Fletcher Ave. next to the Jefferson Union plant. The Chairman had Lot on received a complaint to the effect that the condition of the Fletcher lot was a health and fire menace. Mr. Raymond said that Ave. in his judgment, there was not a very great fire hazard, but he thought that Chief Taylor was the man to pass judgment on that phase of it. The Chairman asked if there was a health menace and Mr. Raymond said he did not believe so.. He thought if anything at all was to be done, that the Fire Department should burn the lot over. Mr. Potter moved that the matter be left to Mr. Raymond's judgment. Mr. Ross seconded the motion and it was so voted. Mr. Raymond read a letter from Mr. Paxton stating that non-residents of the town were dumping at Lexington -Dumps. He suggested that in order to attempt to prevent this, that Dumps and a sign be posted stating that the dumps were for the use of Special Lexington residents only. He recommended further that the ' Police man in charge of dumps, Robert E. Hannaford, be appointed Officer. a Special Police Officer. Mr. Potter said he thought this might tend to increase dumping along country roads, but Mr. 15 Raymond said that that had been going on for pears and probably would continue until there were dumps in each section of the town. He thought the sign might help the situation. Mr. Ross moved that the sign be erected and that Robert E. Hannaford be appointed a Special Police Officer to serve until April 1st, 1939, Mr. Potter seconded the motion and it was so voted. The Chairman stated that the American Legion Auxiliary desired to use Estabrook Hall on December 16th from 7:30 Use of P.M. to 9:00 P.M. Mr. Potter moved that the use of the Stall. hall be granted on that date subject to a fee of $2.00. Mr. Rowse seconded the motion and it was so voted. The Chairman stated that some of the residents in the vicinity of George Moray's house on North Hancock Street would like a sidewalk to be constructed unddr the W.P.A. Sidewalk He suggested that the Town Engineer look into the matter to see whether or not a sidewalk should go in there and if so, on which side of the street. The Chairman stated that he had received a complaint Cliffe from a resident of Cliffe Avenue that the street was in Avenue very bad condition due to the wash from the accepted street above it. He asked Mr. Raymond to look into the matter and report on it. The Clerk reported that Mr. Wrightington had tele- phoned in the afternoon and stated that Mr. Hayden's attorney was going to pass papers on the Aldrich property right away, probably on Thursday. Mr. Wrightington wanted to call the Board's attention to the fact that he had made no examination of title, but assumed that there was no Aldrich point in it as the town was paying no money for the prop- property erty. He said that the Lexington Trust Co. had'had the title examined recently and had given a mortgage on the property. He said it would take at least a month to look up the title and he doubted if the Selectmen wanted to incur the expense. Mr. Potter thought that the title would not have to be examined before the deed was passed but thought' it should be done before the town spent any money on the property. Mr. Rowse thought that the Lexington Trust Company should be willing to guarantee the title inasmuch as it was going to be paid cash for the property. Mr. Potter telephoned Clarence Walker, Treasurer, who said that the Trust Company had had the title looked up and that when Mr. Hayden took over the property, he had a Mr. Spencer look it up. Mr. Walker said that their abstract would be available to the Town Counsel if he cared to look it over. Mr. Rowse moved that Mr. Wrightington be instructed to accept the deed for the town provided he satisfied him- self, after reviewing the records of the Lexington Trust Company, that the title was clear. Mr. Potter seconded the motion and it was so voted. 16 Letter was received from the Secretary of the Approp- riation Committee relative to the Board's verbal request ' Transfer that a transfer of $500. from the Reserve Fund to the Soldiers' Relief account be approved. Mr. Russell said that the Appropriation Committee had voted to approve this trans- fer. Exam for Notice was received that the examination for the Sealer Sealer. of Weights and Measures would be held on Dec. 17, 1938. Letter was received from the Plumbing Inspector recom- mending that his office hours be changed to 8:00 to 9:00 A.M. effective on December 12, 1938. Mr. Rowse moved that the recommendation be approved. Mr. Ross seconded the motion and it was so voted. Mr. N. B. Bidwell and the Building Inspector appeared before the Board. The Chairman said that the Selectmen were interested in the new Building Laws having to do with signs in the business districts. He said that the Board was in a difficult position as the stores in the center had evident- ly started a campaign as to whom would erect the largest Signs sign, and the Board did not want to do anything not knowing what the Committee was planning to recommend. Mr. Bidwell replied that his committee was recommend- ing that no signs be erected without a permit from the Building Inspector. It was further recommending that signs be not larger than the full width of the occupied premises ' and two feet high (overall measurements). Mr. Rowse asked if that would not mean changing most of the signs in the Letter was received from G. B. Sargent of 50 Hancock Street asking why the polls did not open until 8:00 A. M. Complaint on Nov. 8th. Mr. Sargent said that by not opening until re tours then, many who had been accustomed to voting before going of polls. to work were deprived of that privilege. Mr. Clark suggested that Mr. Sargent be notified that heretofore the election officers had to report at 5:45 A.M. and work until midnight or after and the Board felt it should try to make it a little easier for them considering the fact that this was not a presidential election. The Clerk was instructed to follow this suggestion. ' Letter was received from Mr. Clark suggesting that the Board look into the matter of mosquito control as A W.P.A. project for the unemployed in 1939. Mr. Clark said that he Mosquito had looked into the matter and was told that the most Control practical way to proceed was to apply to a Mr. Stratton at project the State House for a free survey, the next step is to apply for a N.P.A. project to start next summer. Mr. Potter moved that the matter be left to the Supt. of Public 'Works and that he be requested to carry out the suggestions as out- lined in the letter. Mr. Rowse seconded the motion and it was so voted. Mr. N. B. Bidwell and the Building Inspector appeared before the Board. The Chairman said that the Selectmen were interested in the new Building Laws having to do with signs in the business districts. He said that the Board was in a difficult position as the stores in the center had evident- ly started a campaign as to whom would erect the largest Signs sign, and the Board did not want to do anything not knowing what the Committee was planning to recommend. Mr. Bidwell replied that his committee was recommend- ing that no signs be erected without a permit from the Building Inspector. It was further recommending that signs be not larger than the full width of the occupied premises ' and two feet high (overall measurements). Mr. Rowse asked if that would not mean changing most of the signs in the 17 Commitment of water miscellaneous charges in the amount of $45.75 and sewer betterments in the amount of $551.86 Commitmen'ti were signed by the Board. Highway betterment assessment abatement in the amount of $312.10 for Annie Bornstein was signed by the Board. Messrs. Mitchell and Morse appeared before the Board relative to Welfare matters. The meeting adjourned at 9:20 P. M. A true record, Attest: 1 Abatement Welfare center and Mr. Bidwell said that that depended on when the signs were erected. He said he did not find anything in the Building or Zoning Laws regulating these signs. Mr. Wrightington states that he knows of no specific violation of any regulation at the present time unless it is a viola- tion of the State Safety Laws. Mr. Rowse said that if the present signs were going to be allowed to remain, there would be a distinct advantage to those companies that had large signs up now. He explained that the A.& P. Tea Co. had asked what size sign they could put up and the Board told the company to wait until the Building By-law Committee decided on the size. He said that if the executives of the chain stores were requested to change the signs, they would no doubt do so. Mr. Ross asked if the Board of Trade had been consulted in the matter, and Mr. Bidwell said that he had talked with three or four of the members and the answer had been that the organization was more or less dead now and probably he could not get a definite answer. Mr. Rowse said he thought that it was cutting it down too fine to reduce the depth to two feet; he thought three feet would be better and the Board agreed with him. He asked Mr. Bidwell if he thought his committee would agree to that and Mr. Bidwell replied in the affirmative. The Chairman asked if it would be all right to tell the chain stores that the recommendation would be that the depth could not exceed three feet and the width the face of the building, and the answer was in the affirmative. The Chairman asked Mr. Rowse if he would con- ' tact the chain stores and pass this information on to them, and he replied that he would be glad to do so. Mr. Bidwell and Mr. Longbottom retired. Commitment of water miscellaneous charges in the amount of $45.75 and sewer betterments in the amount of $551.86 Commitmen'ti were signed by the Board. Highway betterment assessment abatement in the amount of $312.10 for Annie Bornstein was signed by the Board. Messrs. Mitchell and Morse appeared before the Board relative to Welfare matters. The meeting adjourned at 9:20 P. M. A true record, Attest: 1 Abatement Welfare