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HomeMy WebLinkAbout1939-01-30 147 SELECTMEN'S MEETING JAN. 30, 1939 A regular meeting of the Board of Selectmen was h el d in the Selectmen' s Room, Town Office Building, at 7 :00 P.M. Chairman Giroux, Messrs. Potter, Clark and Rowse were present. The Clerk was also present. Messrs. Mitchell and Morse appeared before the Board relative to Welfare matters. At 7 :30 P.M. hearing was declared open on the applica- tion of J. T. Carlson for permission to maintain one under- ground tank for the storage of gasoline in the capacity of ,500 gallons, on premises located at 83 East Street, Lex- ington. No one appeared in favor or in opposition. Sir. Potter moved that the license be granted subject to the approval of the Fire Department. Mr. Rowse seconded the motion and it was so voted. At 8:00 P. M. , Mr. Raymond, Mr. and Mrs. Frank Haynes of 36 Fletcher Ave. , Mr. and Mrs. Roy D. Keene of 38 Fletcher Avenue and Mr. John Pichette, owning property on Fletcher Avenue, appeared before the Board. Mr. Keene said the group wished to know what the Board was going to do to provide sewer connections to the houses at the lower end. of Fletcher Avenue . He said that when the Town Engineer called on them to get releases for the construction of the North Lexington sewer, they under- stood from him that they would be able to connect with the sewer. They find now that there is no providion made for entrance. He said that at the present time it was no secret that all of the cesspools overflowed at certain times and drained directly into the brook. Mr. Raymond said that the engineers had always planned that there should be a sewer in Fletcher Avenue and it was not included in this project. In the order of the Board by which the land takings were made, it states specifically that no betterment assessments for the sewer and drain are to be levied, and he said it was his understanding that sewer connections could not be made without first levying betterment assessments. He understood from these people that they did not object to paying sewer assessments but did object to paying them to connect with a sewer in Fletcher Ave. on the grounds that the cost to owners would be substantially more. He said he was not sure that it would cost them any more to connect with a sewer in Fletcher Avenue. It is physically possible to sewer these houses either way. If they are now connected with the sewer under construction, some time there will be a request for a sewer in Fletcher Ave. in addition. There are four lots on Fletcher Avenue, which in order to connect with the II 148 cci sewer now under construction, would require going across land of other owners varying from a distance of one and a half feet to twenty-five feet. There are six or seven lots which come right up to the taking. The Chairman asked if there was a place left in the sewer system under construction so that these houses could be connected. Mr. Raymond said that a manhole had been left at Hayes Lane where a sewer in Fletcher Ave. would connect with the sewer in Hayes Lane . Mr. Beene said that there were two factors to be considered: the health condition which will exist if the present construction is completed and the cost. He said the people were willing to give releases because they were told that they could connect with the low level sewer . The Chairman asked if it was their understanding that the houses would tie in individually and he replied in the affirmative. Mrs. Baynes said there were no houses now on the other side of Fletcher Ave. and she thought it would be foolish to install a sewer in that street. The Chairman asked Mr. Raymond if Mr. Cosgrove agreed that he told these people that they could connect with the low level sewer, and Mr. Raymond replied in the negative. He said that Cosgrove did not recall that he gave them to understand that they could connect with it and he maintains that he did not have the authority to give them that idea and says that he knew the assess- ment laws prohibited it. The Chairman said that regardless of how the connections were made, the health angle would be eliminated. Mr. Raymond said that he had been told that the plumbing in all of these buildings drained to the rear so that changes would have to be made in the plumbing if the people were forced to connect with the sewer in Fletcher Avenue. If connected to the rear, they would not have to change the plumbing, but the distance would be longer. The Chairman suggested that the meeting be adjourned and that the engineers study the two programs and recommend the best thing to do. He asked Mr. Raymond how long this would take and Mr. Raymond said he thought it would take a couple of weeks. Mr. Raymond asked the group if they had any objection to the engineers going into their cellars in order to check up on the plumbing and check elevations , and the people present had no objection. Mr. Raymond said there was a minor consideration in this matter and that was the fact that the pavement in Fletcher Avenue had been in for only a couple of years and of course the people did not want it torn up. Mr. Haynes said it would be impossible to have a plumber figure on changing over all the plumbing and Mr. Raymond suggested that the Plumbing Inspector do it. Mr. Raymond said he would report on the matter in a couple of weeks. The group retired at 8:35 P.M. Mr. Raymond said he had received a report from the State Reclamation Board on the mosquito survey. There are twenty or more locations reported on and action is 149 recommended on several of them. Mr. Raymond said he Mosquito had written the Board and requested information as to how survey to get cooperation of the W. P.A. for such a project. Mr. Raymond presented an agreement with Professor Dean Peabody, Jr. of M. I.T. , for testing the vitrified pipe. Mr. Raymond read the letter and recommended that Testing Dean Peabody be authorized to do the testing and that pipe. the Chairman be authorized to sign the agreement. Mr. Clark moved that the recommendation be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that the last action of the Board on the matter of the Woburn Street dump was on May 18, 1938, when it was decided that an article would be in- serted in the warrant for the next town meeting to obtain land on Woburn Street for dumping purposes. Mr. Raymond Woburn said that the only land they found that was suitable was Street the Sorenson land and some land on the other side of the dump street which was equally handy. At that time, he had an oral agreement with Sorenson that he would let the land for dumping purposes for the sum of $50. per year provided the town maintained the dump. Mr. Raymond said there was nothing specific in the Ashes and Dumps appropriation to take care of this dump but they probably could take care of it all right. Mr. Rowse moved that Mr. Raymond check to see if the agreement with Sorenson still held, and if so, that an article be inserted in the warrant to Article cover the matter. Mr.Clark seconded the motion and it was so voted. Mr. Raymond read a letter from the Metropolitan Met. Planning Division dated November 16, 1938, asking if they Planning could help Lexington in some of its traffic problems. He Div. Sur- suggested that the Board authorize them to make a traffic veys accident report and recommendations and also request them to make a parking survey. He assumed that this was with- out charge. Mr. Clark moved that no action be taken, but the motion was not seconded and was lost. Mr. Potter moved that Mr. Raymond go ahead with the studies after he had ascertained that there is no cost to the town. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond also suggested that if the Planning Board approved, that the Division be requested to'make a study of a master plan for Lexington. The Chairman suggested that Mr. Raymond check on the matter with the Planning Board. Mr. Raymond said he understood that George Sarano had made an oral offer for the wood on the northeasterly Offer for side of the drive to the Lincoln Street dump in the amount wood of $25.00. Mr. Potter said he thought this was a fair offer and said he thought it should be accepted, but he would go further and allow Mr. Sarano to take whatever wood he wanted. Mr. Raymond recommended that the offer 150 be accepted provided Mr. Sarano made it in writing. Mr. Rowse moved that he be sold the wood referred to in the offer for the sum of 025.00. Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that in the matter of examina- tion of samples of water taken from Butterfield' s Pond, four samples were taken. One at the outlet of the pond showed positive pollution, two at the major inlets were negative and one in the pond was negative. He said that apparently that result came about because although the pollution is not going into the pond, it was in there and showed up at the outlet. He talked with a friend of his in the Mass. Dept. of Public Health who suggested that Butterfield's the State Dept. be requested to take samples and make Pond analyses with a view toward determining the advisability of the pond being continued as a source for a supply of ice. Mr. Potter moved that the State Dept . of Public Health be requested to take samples and make analyses . Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that the Battle Green Chapter DeMolay had requested the use of Cary Hall on March 3rd Use of Hall. for the installation of officers. Last year the fee was x15. Mr. Rowse moved that the use of the hall be granted subject to the same fee. Mr. Clark seconded the motion and it was so voted. Mr. Raymond said that in the matter of the bids on tires, an error had been made in his office in that a letter to a certain tire salesman was incorrectly addressed and the man did not receive it in time to submit a bid. Mr. Raymond heard about it just in time so that the man could get a bid in for tonight and he presented a sealed bid. It was the bid of Harold B. Needham. He said it was not Mr. Needham' s fault, but was the fault of Mr. Raymond's office The Board felt that it was all right to open the bid, which the Chairman did and which Mr. Bids on Raymond read, together with the other bids received. tires. Mr. Raymond said that Needham was low on all but two items They had two bids lower than his on the 600x9. One is for $14.17 and another is for $16.20, while Mr. Needham' s was 018.40. The other was on the 400x18 on which Needham bid $8.40 as against one bid of 06.25 and another of $7.21. He said that besides Needham, two other dealers had departed from the tire manufacturer's agreement in submitting this bid. Taking the whole order into con- sideration, Needham would be low, Brown would be senond and the Colonial Garage third. Mr. Raymond said he would not recommend splitting up the order. Mr. Clark moved that the tire contract be given to Harold B. Needham on first line tires, he being the low bidder. Mr. Rowse seconded the motion and it was so voted. 151 Mr. Raymond reported that the Lexington High School had requested the use of Cary Hall on March 31st on which Use of evening the 110th Cavalry Band will give a concert for the Hall benefit of the Lexington High School Band. Mr. Rowse moved that the use of the hall be granted free of charge. Mr. Clark seconded the motion and it was so voted. Mr. Raymond said that when he talked with the Board about the taking for the North Lexington Sewer, he presented a schedule of damages and one was on the land of Louisa G. T. Bean which is next to the Lexington Coal Co. on Bedford Street. At that time, he said that the Beans would accept damages of 43Q.00 . It has developed that they had agreed to do this on a line somewhat differeit from the line finally adopted. The line finally adopted is at a point 75 feet from the northerly lot line. The lot is a Beans ' triangular shaped piece of land with a brook on the long claim re side and a frontage on Bedford Street of about 200 odd feet. taking. The Beans obtained a lawyer and have advised Cosgrove that they will sign the agreement and accept the $30. damages if they are assured that they will be allowed to split that lot up into two lots and have them put into the business district. Mr. Raymond asked them what they would claim if these assurances could not be made, and they said that they would claim damages of $400.00. He merely called this to the attention of the Board because there might be litigation on the matter later on. Mr. Robert C. Merriam and Mr. George Emery appeared before the Board to discuss welfare in general. Mr. Giroux said that he discussed with the Welfare Advisory Committee the subject of town-controlled works projects for able-bodied men on welfare, and the group was very much in favor of it. They agreed with the idea of a thirty or forty hour week and agreed that there should be a flex- ible rate of pay to encourage individuals that might have Discussion some initiative. They brought out the fact that if the re W.P.A. two boards approved the establishment of a works project, and the men employed should be confined to Lexington settled Welfare. cases. The following types of work were suggested: road- side work and the cleaning of brooks for the Highway Department; the cleaning of brush away from hydrants for the Water Department; the finishing of the drain work, etc. at Tower Park for the Park Department; and also the cleaning up of the Aldrich property. For the Fire Department, it was suggested that meadows be cleaned up where there was a fire hazard. Street drainage work and street cleaning were also suggested. The Chairman said he pointed out that if the two Boards agreed on this matter, they should know the average number of able-boded men that would be available for work. In the matter of an employment agent, the Chairman said that the Board had not gone into this. Mr. Rowse said that apparently there was no demand for one. Mr. Merriam said he thought it might bring very good results. 152 It would be up to the agent to dig up jobs out of town and dupply men for them. Mr. Clark said he felt the only solution was through people in town who could put Lexington men to work, but he did not believe the answer was within the Town of Lexington. Mr. Merriam said that he believed the work would have to be procured out of town. The general matter of W.P.A. was discussed and Mr. Merriam said that the Appropriation Committee felt that the W.P.A. projects should all be approved by the Town Meeting Members before they were approved by the Selectmen. Mr. Rowse said he thought it was all right for the Appropriation Committee to approve the projects. Mr. Merriam said he merely thought that the Appropriation Committee should know what projectswere to be done before Town Meeting. He did not mean that they were to have final say on the projects as he did not believe that that body was as competent to judge their values as the Selectmen. It was the unanimous feeling of the Board of Selectmen that it would be a mistake to put the W.P.A. projects before the Town Meeting Members for approval as it would be impossible to get ten or more men to agree on each project. The Board felt it would be better if the Appropriation Committee would pass on the projects and approve them before they were submitted. The matter of establishing a separate Board of Public Welfare was then discussed. Mr. Merriam said that if it was at all possible td get a separate Board that would do a good job, it would be the best thing for the town. He thought an elected board might be dangerous, although they thought it would be an advantage over the present set-up The Appropriation Committee is in favor of an appointed board. The Chairman pointed out that under the Act of the Legislature referring to Lexington passed in 1922, the duties of the overseers of the poor are vested in the Board of Selectmen. Mr. Emery said he would see what was nec- essary to be done in order to change this. They retired at 11:00 P. M. The matter of the police officer investigati f welfare Officer on cases was discussed and it was brought out that he did not Welfare wear a uniform. Mr. Clark moved that the police officer be work. ordered to wear a uniform while investigating welfare cases . Mr. Rowse seconded the motion and it was so voted. Letter was received from Tax Commissioner Long rel- ative to the Barnes property. He said that if it was the agreement between the town and the Barnes heirs that the 1937 taxes were to be included as part of the purchase price, a sufficient amount of money should have been appropriated for that purpose . He said that appropriations Barnes should reflect the true amount being expended and if the property. town failed to fulfill their agreement, a further approp- riation should be made at town meeting so that the towns- people would know just what the property cost. The Clerk was instructed to take the matter up with the Town Counsel and ask him if he agreed with Mr. Longa Mr. Rowse moved that if Mr. Wrightington agreed with Mr. 153 Long, that an article be inserted in the warrant for the Town Meeting for the appropriation of sufficient funds to Article cover the 1937 taxes . Mr. Clark seconded the motion and it was so voted. Commitment of water rates in the amount of $4970.18 and miscellaneous charged in the amount of $2. were signed. Commitments Water liens in the amount of 4138.77 were signed. Water liens Sidewalk betterment assessments amounting to $232.30 were signed. Assessments The Clerk presented a bill in the amount of $1.24 for a certified oopy of the deed from the Arlington Five Cents Land adj . Savings Bank to the Town of Lexington of the five foot to Vine strip of land along Vine Brook. Mr. Rowse moved that the Brook bill be charged to the Unclassified account. Mr. Clark seconded the motion and it was so voted. It was decided to meet Saturday afternoon, Feb. 4th, Budgets at 1:30 P.M. to discuss budgets. meeting The matter of the meeting to be held next Monday evening to discuss amending the Zoning Laws to allow the Meeting re construction of apartment houses in various districts was zoning discussed. The Chairman asked the Board if they wished to laws. hold a special meeting to discuss the matter. However, it was felt that in view of the many special meetings nec- essary to discuss budgets, it would be better to have this conference as scheduled on next Monday evening. The Clerk presented a form of application for a permit to construct a cesspool or a septic tank, submitted by the Cesspool Plumbing Inspector. The Health and Plumbing laws state permit that permits shall be issued for these. Mr. Lindstrom recommended that a fee of $.50 be charged. Mr. Rowse moved that the application forms be adopted and a charge of $.50 made for each application. Mr. Clark seconded the motion and it was so voted. The Chairman said that Miss Evelyn Rymal of the Account- ant's office had requested that the Board consider her case. Clerk in Miss Rymal has been informed by Mr. Russell that, inasmuch Accountant&& as she is not an American citizen, it will be necessary for Office him to request her resignation. Mr. Russell informed the Chairman that Miss Rymal is not a citizen, her father is not a citizen, and that according to information received from the Town Counsel as quoted below, Miss Rymal should not hold the position. G. L. Chapter 31, Section 19 provides : "Except as otherwise provided by law, in all positions, employments and work in any branch of the service of the commonwealth, or any county, city, town or district therein, 154 citizens of the Commonwealth shall be given preference. " Mr. Wrightington expressed the opinion that in Lex- ington the Selectmen were obligated to give a preference to citizens of the commonwealth in employment in all departments under their control. In view of this opinion, Mr. Potter moved that Mr. Russell's action be sustained. Mr. Rowse seconded the motion, and it was so voted. The meeting adjourned at 11:15 P. M. A true record, Attest : ,fes Clerk.