HomeMy WebLinkAbout1939-02-06SELECTMENIS MEETING
FEB. 6th, 1939.
A regular meeting of the Board of Selectmen was held
in the Seleetments Room, Town Office Building, at 7;00 P.M.
Chairman Giroux, Messrs. Potter, Rowse and Clark were
present. The Acting Clerk, Elinor Moakley, was also present.
Messrs. Mitchell and Morse appeared before the Board
relative to Welfare matters. Welfare
Mr. Raymond appeared before the Board. He stated that
he had been in touch with Mr. Wrightington in regard to the
check deposited by the Layne -Bowler New England Co. in Westview
connection with the construction of Westview Street, and Street
Mr. Wrightington said that the check should not be deposited
until the town was ready to start construction and then the
check should be applied toward the cost of construction.
Mr. Raymond said that the check was made out to the Town. of
Lexington, and further, that he understood it was nec-
essary that the money for the construction be appropriated
by the Town. After discussing the matter, it was decided to
have Mr. Raymond contact Mr. Russell and report next week
how the situation should be handled.
1 Mr. Raymond discussed salaries with the Board at length.
Mr. Raymond reported that he had received a request
for street lights on Oakmount Circle from Mrs. Blake. He
stated that part of this street was accepted and part was
unaccepted. The Board discussed the matter, and Mr. Rowse
moved that an article be inserted in the warrant to see if
the town would vote to place two street lights on the un-
accepted portion of Oakmount Circle in accordance with Mrs.
Blake's request. Mr. Potter seconded the motion and it was
so voted.
Mr. Raymond stated that he had received a letter from
Elmer A. Lord & Co. wanting to know if the Board wished to
put smoke damage insurance on the Barnes house on account
of the oil burner. The policy would cost $6. or $7. for a
five year period. Mr. Clark moved that no action be taken
on the matter. Mr. Rowse seconded the motion and it was so
voted.
Mr. Raymond stated that the Briggs Class desired to use
Cary Memorial Hall on March 29th for a variety show and
also wanted to use it the evening before that for a rehears-
al. Mr. Rowse moved that they be allowed to use the hall on
' March 28th for a rehearsal, subject to a fee of $10.00, and
on March 29th subject to a fee of 025.00. Mr. Clark
seconded the motion and it was so voted.
Salaries
Street
lights
Arti cl e.
Insurance,
Barnes
house
Use of
Hall
N
Mosquito
project
Mr. Raymond stated that he had received a Mosquito
Drainage report from the State Reclamation Board. They
advised Mr. Raymond that if the town would prepare a
project, they would assist in getting the approval of th e
W.P.A. for it. Mr. Raymond felt it would be advisable to
write up a project for Area #1, which is the south branch
of Vine Brook, and Area #6, in the Valleyfield Street
area, and Area #3, the North Lexington Brook area from the
railroad to Stratham Road. Mr. Raymond felt these were the
three major projects, and should be done in the order of
their importance, as listed. They are all quite near heavily
populated areas. Mr. Rowse asked if the new Vine Brook
Drainage project would dry up a lot of the mosquito -breeding
areas and Mr. Raymond said it would at the playground and
near the Town Office Building, but would not take care of
the south branch unless this work is done.
Mr. Clark moved that the projects be submitted. Mr.
Potter seconded the motion and it was so voted. Mr. Rowse
voted in opposition because of the desire of the Approp-
riation Committee to put these projects up for approval
before Town Meeting and also because of the fact that we are
going to have less W.P.A. workers. Mr. Rowse also felt that
the Vine Brook Drainage project would drain several of the
areas in the town.
Mr. Raymond said that it would be necessary for the
Board to adopt a vote to layout Eliot Road in accordance
Eliot with the plan of the Town Engineer. The records are im-
Road. perfect and do not show that the street is accepted in the
Town Clerk's records. Mr. Clark moved that the Board lay
out Eliot Road in accordance With the new plan. Mr. Potter
seconded the motion and it was so voted.
Mr. Raymond stated that notice had been received that
Chap. 90 the State and County would each spend 2,000. for Chapter
work. 90 maintenance in 1939. Mr. Raymond suggested that the town
appropriate $2,000. as its share of this work. The Chairman
said that the Board had already voted to approve $2,000,
for Chapter 90 Maintenance,
Mr. Raymond read a letter addressed to the Board of
Selectmen from the County Commissioners in regard to Senate
Bill #59 which provides for the transfer from the Counties
to the State Department of Public Works, the control and
supervision of all public highways. Mr. Raymond stated that
Senate Bill both the Town Engineer and the Supt. of Highways were
#59. opposed to this bill. He stated that he did not know much
about it, but felt that if the Chapter 90 funds were given up
for ten years, Route 128 might be put through, and he
thought that would be a good thing. The Board considered
thb matter, and Mr. Potter moved that the Board go on record
as being opposed to the bill and that Mr. Raymond represent
the Board at the hearing to be held on Thursday, Febx^aary 9
at the State douse. Mr. Rowse seconded, the motion and it
was so voted.
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165
Mr. Raymond said that if the Board wanted to have
' Weston Street constructed under Chapter 90, it would be
necessary to write to the State and County on the matter Weston
right away and have it substituted for Woburn Street, which Street.
both the State and County have already approved. The matter
was held over for one week.
Mr. Raymond read a letter from the Regional Engineer
of the Federal Emergency Administration of Public Works,
advising of the following conditions in regard to Docket
Mass. 1464-F-
"1. That regarding "Compensation for Field Staff", the
Public Works Administration will include in the project
costs upon which Government funds are expended, in addition
to.the specified basic fee, a reasonable and adequate amount
not to exceed 2Qo of the construction cost.
Docket
2. That any payments in connection with abandoned or un- 1464-F
executed work, referred to under the heading "Delay in
Completion of Construction" and "Abandonment of the Works",
will not be considered for inclusion in the project costs_
upon which Government funds are expended.
The Chairman read a letter redeived from the Town
Counsel stating that he had completed his examination bf
title to the land of Ethel F. Bean for the No. Lexington No. Lexington
Sewer Pumping Station and that he approved the title Sewer
subject to clearing a tax sale which will be done at the project.
time papers are passed. He stated it would now be in order
to arrange for a check for the consideration to the order
of Ethel F. Bean. The Acting Clerk was instructed to send
a copy of the letter to Mr. Raymond.
I
Mr. Raymond retired.
3. That in regard to Extra Services and Special Cases.,,
referred to under the heading "litigation", such services
are covered by the basic fee."_
'
Mr. Raymond said that a copy of the letter had been
sent to Metcalf & Eddy and they were writing to New York
to.see if they could get some explanation of the action.
Mr. Ra and said that the understanding of the letter is that
only.2 would be allowed for field engineering and inspec-
tion, and he stated that it would be absolutely impossible
to do an adequate job of inspection under the contracts
for that amount of money. Mr. Raymond asked authority to
write the regional Engineer and state that the town could
not accept the proposition inasmuch as the work could not
be done under those conditions. Mr. Clark moved that Mr.
Raymond be given this authority. Mr. Rowse seconded the
motion and it was so voted.
The Chairman read a letter redeived from the Town
Counsel stating that he had completed his examination bf
title to the land of Ethel F. Bean for the No. Lexington No. Lexington
Sewer Pumping Station and that he approved the title Sewer
subject to clearing a tax sale which will be done at the project.
time papers are passed. He stated it would now be in order
to arrange for a check for the consideration to the order
of Ethel F. Bean. The Acting Clerk was instructed to send
a copy of the letter to Mr. Raymond.
I
Mr. Raymond retired.
166
Letter wra received from George IV% Bone protesting
Complaint
against the order passed by the Board to the effect that
re
non -accepted streets were not to be cleared of snow unless
'
plowing.
there was six inches of snow or more. The letter stated
that he felt persons living on unaccepted streets were
entitled to the same privileges as persons living on accepted
streets. The Chairman stated that he would answer Mr. Boners
letter.
The Chairman stated that Mrs. John J. Fitzgerald had
Insurance
requested that the Selectmen continue to place the insurance
carried by her late husband with her, inasmuch as she was
going to continue the business.
Letter was received from Anthony Ross and Son, Inc.
requesting that.they be given consideration vhen outside
trucks are hired for snow plow service. Mr. Ross stated
Snow plow
that he discussed the matter with the Supt. of Public Wcrk s
equipment.
and was advised by him that inasmuch as the schedule of snow
plowing was all made up, the Supt. of Streets did not wish
to change it. Mr. Ross stated in his letter that if there
was expense involved in changing over the equipment, he
would be willing to do it at his own expense, and he re-
quested that the Board give the matter serious consideration.
It was decided to give Mr. Raymond a copy of the letter and
request him to make an investigation of the matter and report
next week.
'
At 7:30 P. M. hearing was declared open on the appli-
cation of the Boston Edison Co. and the New England Tel. &
Pole
Tel. Co. for permission to maintain a guy pole on Mass.
location.
Avenue. No persons appeared in favor or in opposition.
Mr. Rowse moved that the permit be granted. Mr. Potter
seconded the motion and it was so voted.
Mr. Potter moved that Alice M. McCarthy be appointed
Burial a Burial Agent in the Town of Lexington for the period
Agents. ending March 31, 1939. Mr. Clark seconded the motion and
it was so voted.
Bond in the amount of $1,000. from the Somerville
Bond. Printing Co. for the faithful performance of its contract
with regard to printing the 1938 Town Report was received.
Letter was received from Chief Sullivan stating that
Police. Mr. Richard McCormack, the new police officer, has been
very satisfactory.
Slaughter The report of the Slaughtering Inspector for the
Report. month of January tilos received.
At 9:00 P. M. a conference to consider the advisability ,
and practicability of amending the laws of the town so as
to permit the erection of apartment houses in various
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' sections of the town was held, with the following committees
and persons: Appropriation Committee, Planning Board, Board
of Appeals, the Building Inspector, Mr. Raymond, the Town
Counsel and the Board of Assessors.
The Chairman stated that this joint meeting had been
called at the request of the Board of Assessors, and he
turned the meeting over to Mr. Clyde Steeves, Chairman of
that Board.
Mr. Steeves said that the Assessors had been trying
to find some way to reduce the tax rate. He stated that
that Board felt it might be a good idea to get the various
committees in the town together and try to figure out some
way whereby some suggestion could be brought before the
town to increase the valuations. Mr. Steeves stated that
under the Law, the Assessors must make certain abatements
and he gave the meeting figures of the abatements that were
made last year. Mr. Steeves also gave figires of the val-
uation of new buildings, less the total abatements for the
year and the property foreclosed by tax title, which left Meeting re
the net gain to the town for new buildings a valuation of Apartment
$11,425. He stated that the Board felt there might be some houses.
solution to this problem of increasing the town's valuations
and that was the reason for this meeting. Mr. Steeves moved
that Mr. Giroux be elected Chairman of the meeting. Mr.
Wrightington seconded the motion and it was so voted.
' The Chairman then declared the meeting open for general
discussion.
The Chairman asked Mr. Steeves if he had any specific
plan to put before the meeting.
Mr. Steeves said that he and Mr. Spencer looked into
the matter and talked it over with the AssessDrs in other
towns, including Arlington and Winchester. He called
attention to the property on Muzzey Street, consisting of
four houses on the left hand side, which is valued at $17,000•.
He said that people in this vicinity were looking for abate-
ments on their property. Mr. Steeves said that it seemed to
the Assessors that there was a good chance on Muzzey Street
for a nice apartment house. He stated that Arlington and
Winchester have apartment houses and they felt that they were
their best pieces of property. Their big argument is that
young couples getting married, move out of town if there
are no apartments for them to rent in the town in which they
live. Mr. Steeves said that the Assessors felt that there
were quite a few pieces of property in town that could be
zoned to allow apartment houses. Mr. Steeves said that the
matter was taken up with the Banks to get their ideas, and
they were heartily in favor of it and since the matter was
first considered, they have found that there is a party in
town who is interested in building an apartment house and
is working on plans. Mr. Steeves found this was true and
' the man told him that he was going to place these plans
before the Planning Board and Board of Appeals. Mr. Steeves
felt that if apartment houses were built, this might offset
168
some of the town's losses, and this was the suggestion they '
had to make to the meeting.
The Chairman asked if any other members of the Board
of Assessors would like to express any opinion on the matter,
and Mr. Shanahan said that Mr. Steeves had expressed the
opinion of the Board as a whole.
The Chairman asked if the Assessors were taking any
stand about allowing single houses to be divided into two
family houses, and Mr. Steeves replied in the negative.
Mr. Greeley, Chairman of the Planning Board, asked Mr.
Steeves if he meant by saying that the Epartments were
profitable in Winchester, that they were profitable to the
town. Mr. Steeves replied in the affirmative. Mr. Steeves
said that the Board of Assessors felt that if there were
apartment houses in the town, it would keep young married
people in the town.
Mr. Greeley stated that that depended on the class of
apartment that was built. He stated that he felt as the
last speaker, that there was a need for apartments and ten
years ago, we nearly had one on Merriam Street, but there
was decided opposition.on the part of the neighbors and the
proposi-tion was dropped. He stated in 1933 there was another
proposition to have an apartment house in back of the Library
and the Planning Board thought it was a desirable thing and
drew up a special amendment to the Zoning Laws providing for
an apartment zone which would be adapted to Lexington and ,
would not leave any loopholes for bad or non -conforming
construction. However, this was not presented to the Town
meeting because the people who were interested in it could
not get the necessary money to finance it. It was tried
again in 1936, but they were unable to finance it on a
proper basis for a proper site. Mr. Greeley thought it
was very important that we have some such place in the town.
Mr. Steeves said that the Assessors gave Muzzey Street
as an example because there are four houses there with a
total valuation of X17,000. and if an apartment house were
built there, the valuation would be about 6275,000.00.
Mr. Spencer said he felt the idea was a good one.
Mr. Clark said he was surprised to hear that anyone
would be interested in investing capital in Lexington with
the tax rate increasing each year. He wondered if Mr.
Steeves knew how much the gentleman who was drawing up
plans intended to invest. Mr. Steeves said that he was
advised that Mr. Viano was interested in the Valentine
property and he understood, that he wanted to tear down the
old barn and house and build an apartment house with stores
fronting on the street.
Mr. Clark asked Mr. Steeves if the Board felt that any
real amount of capital would come into the town on account
of this, and Mr. Steeves replied in the Affirmative.
Mr. Steeves said that Mr. Caouette said he had three '
or four clients that would come in and put up apartments to
make money on them. Mr. Shanahan said that the real estate
agents discourage people from coming in to build apartments
as they feel that the town is opposed to them.
'
The Chairman asked Mr. Wri ghtington if the Tenement
Laws in the town in any way affect the zoning laws in rela-
tion to thio. Mr. Wrightington said that they did not
affect the zoning question, but would apply to an apartment
building and there are restrictions in the Tenement House
Laws that makes the construction of such buildings more
expensive. The Chairman asked if they would be so restric-
tive that there would be a question if the buildings would
pay. Mr. Greeley said that the requirement is for high
class construction and therefor more expensive and naturally
it would make it less profitable than if the laws were more
liberal. Mr. Greeley said that the apartments would last
longer if built better, however, and therefor would be more
profitable in that sense.
Mr. Merriam asked if the laws called. for first class
construction, and Mr. Greeley said that they did. He
wondered if it would be possible to build an apartment house
of first class construction and have it practicable from
a financial standpoint in Lexington. Mr. Greeley said it
was difficult to say whether any apartment house would be
profitable or not as it would depend on the location, etc.
Mr. Merriam said that apartments here could not rent for so
much on account of the carfare rate to Boston.
Mr. Leland Emery inquired whether or notaerson
could afford to rent an apartment for less than 060. a month
and make a go of it. If not, the young people would not be
'
able to afford to rent one. Mr. Steeves said that he under-
stood Mr. Viano's apartments would rent from between $40,
to $60. a month.
Mr. Greeley said that the Planning Board had been
spending a great deal of time studying the question of town
development. He said that in Reading, a booklet was pub-
lished showing the benefits of the town, and the Planning
Board was trying to get out a book to help the situation
in Lexington.
Mr. Ferguson thought it was a problem of investment
rather than a question of whether or not someone would
build it or anybody would fill it; in other words, he felt
the problem was to get some one to finance it.
Mr. Merriam felt that the laws were prohibitive, but
Mr. Greeley said that the law was not framed to prohibit
apartments but to prevent so-called three -deckers.
The Chairman said he thought the thing to do was to
get the sense of this meeting as to whether a large pro-
portion of it favors the erection of apartment buildings
in the town; if a larger part of the group does not favor
the idea, it would seem that there was sufficient opposition
to prevent any move being made, but'if a sufficient number
does favor it, the next question would be what action to
take to go into the situation further.
Mr. Glynn said it would make a difference what sort
of apartments there would be. He said no one wanted to
see three -deckers built here. He said he was a member of
the Planning Board when the question came up before and a
174
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great deal of time had been spent on the matter. He felt
the demand for an apartment in this town would originate
with the people in the town, inasmuch as few people would
want to come into it as the transportation facilities are
,
so poor. He said he would not like to see apartment
houses spotted around in residential zones.
The Chairman said he felt the group was considering
the same thing, that is, a type of apartment in keeping
with the town in quality and appearance.
Mr. Longbottom brought .up the question of garaging.
He thought this phase of the matter should .not be for-
gotten.
Mr. Clark said he was still skeptical about getting
any capital to build an apartment house.
After considerable more discussion on the matter, Mr.
Glynn moved that the group express the sentiment of the
meeting as being sufficiently in sympathy with a limited
and orderly development of apartments to ask the Planning
Board to consider the matter specifically and bring back to
a future meting of these boards, some definite recommend-
ations that they can adopt or otherwise. Mr. Clark seconded
the motion and it was unanimously voted.
Mr. Greeley stated that the Planning Board would
attempt to consider the matter and bring in a report within
two weeks.
It was decided to hold the next meeting of these
Boardson Thursday, February 16th, at 7:30 P. M.
The Chairmanstated that he would like to get the sense
House Bill
of the meeting relative to House Bill #491, which concerns
#491.
the extension of the rapid transit from Lechemere Square
through Davis "Square in Somerville to Arlington and Lex-
ington. The meeting did not favor the bill.
Mr. Dickerson, Clerk of the Planning Board, stated
Bill re
that he had been requested to inform the Selectmen of a
extension
hearing at the State House tomorrow relative to the ex -
of
tension of the Concord Highway. Some discussion was held
Highway.
on this matter, and the meeting did not favor this bill,
either.
The group retired.
It was decided to hold a joint meeting with the
Meeting.
Appropriation Committee on Thursday evening, at 9:00 P.M.
Mr. Wrightington stated that the matter of the bills
Wills
building violation had been referred to him and he would
building
like authority to proceed with the suit. Mr. Potter moved
violation
that the Town Counsel proceed with the suit. Mr. Rowse
seconded the motion and it was so voted.
Mr. Wrightington stated that he would also like
Whouley authority to proceed against Mr. Whouley, who has a sign
sign in violation of the zoning laws on Marrett Road. Mr. '
violation. Potter moved that Mr. Wrightington be granted this author-
ity. Mr. Rowse seconded the motion and it was so voted.
171
Letter was received from P. F. Collier & Bon calling
' the Boards attention a bill owed them by Officer Henry H.
Harvey who purchased $69. worth of books from them on
August 24, 1937 and after paying $4.00, has refused to pay Harvey
any more or return the books. They asked the Board's bill.
cooperation in the matter. Mr. Wrightington suggested that
the company be referred to Mr. George A. Yeo, the Trustee
in bankruptcy for Mr. Harvey.
The following commitments were signed:
Commitment of Water Liens - $$84.38
Water Connections - 29.05 Commitmenti
n " Sewer Connections - 127.96
The meeting adjourned at 11:05 F. M.
A true record, Attest:
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L
Ulnen C
Acting clerk�