HomeMy WebLinkAbout1939-01-30147
SELECTMEN I 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
,1500 gallons, on premises located at 83 East Street, Lex-
ington.
No one appeared in favor or in opposition.
'Mr. 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 Eletcher 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 provid.ion 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
sewer now under construction, would require going across
land of other owners varying frot'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. Keene 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. Iiaynes 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 iftto 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. T here
are twenty or more locations reported on and action is
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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 UJ.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 MrRaymond 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
side of the drive to the Lincoln Street dump in the amount
' 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
Offer for
wood
rm,
be accepted provided Mr. Sarano
Mr. Rowse moved that he be sold
the ' off er for the sun of $25.00.
motion and it was so voted.
made it in writing. '
the wood referred to in
Mr. Clark seconded the
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 friind 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
x;15. 14r. 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. The 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 1,,s18.40. 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 lova.. 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 Horth 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 4030.00. It has developed that they
had agreed to do this on a line somewhat different 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 Discussior
some initiative. They brought out the fact that if the re W.F'.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-bodied men that would be available
for work.
e 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.
It would be up to the agent to dig up jobs out of town
andrupply 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 projects were 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
igen 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 to 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 sie°t=up
The Appropriation Committee is in fati,or 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 investigating 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 torn 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. Long]
Mr. Rowse moved that if Mr. Wrightington agreed with Mr.
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Long, that an article be inserted in the warrant for the
Town Meeting for the appropriation of sufficient funds to
nover the 1937 taxes. Mr. Clark seconded the motion and it
was so voted.
153
Article
Commitment of water rates in the amount of p4970.18 and
miscellaneous charged in the amount of �2. were signed. Commitments
Water liens in the amount of 6138.77 were signed.
Sidewalk betterment assessments amounting to $232.30
were signed.
The Clerk presented a bill in the amount of $1.24 for
a certified oopy of the deed from the Arlington Five Cents
Savings Bank to the Town of Lexington of the five foot
strip of land along Vine Brook. Mr. Rowse moved that the
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,
at 1:30 P.M. to discuss budgets.
The matter of the meeting to be held next Monday
evening to discuss amending the Zoning Laws to allow the
construction of apartment houses in various districts was
discussed. The Chairman asked the Board if they wished to
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
Plumbing Inspector. The Health and Plumbing laws state
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 iseconded the motion
and it was so voted.
The Chairman said that Miss Evelyn Rymal of the Account-
ant's
ccount-
ants office had requested that the Board consider her case.
Miss Rymal has been informed by Mr. Russell that, inasmuch
as she is not an American citizen, it will be necessary for
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,
Water liens
Assessments
Land adj.
to Vine
Brook
Budgets
meeting
Meeting re
zoning
laws.
Cesspool
permit
Clerk in
Acco unta nt h
Office
MMO
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;
Clerk.
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