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HomeMy WebLinkAbout1939-05-01PM Mrs. Mary D. Hatch of 114 Concord Turnpike, appeared before the Board. Mrs. Hatch said that she intended to stake out a couple of lots on Watertown Street even though the Board of Survey had not approved the layout of the property._ The Chairman said that the Board had no authority to grant her permission to go ahead and Hatch pro - stake out lots until after the layout had been approved perty by the Board of Survey. Mrs. Hatch said that that approval was merely a matter of form because the Planning Board had already approved the layout and that she was going to go ahead and stake out the lots and would take the responsibility upon herself. Tax Collector William 3. Scamman appeared -before the Board. The Ch.airm ii told him that the Selectmen had requested him to come o discuss the general matter of collection of taxes. Mr. Scarman said that about 5% of SELECTMEN'S MEETING May 1, 1939 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, Rowse, Locke and Sarano were present. The Clerk was also present. Mr. Frank H. Street, P. W. A. Resident Engineer In- spector, Mr. Alden of Metcalf & Eddy, Mr. Raymond and Mr. Albert P. Hounds, contractor on the construction of the pumping station, appeared before the Board. The Chairman told Mr. Rounds that it had been brought to the attention of the Board that he had been violating State labor laws and P.W.A. regulations. He said it was possible that the P.W.A. authorities might penalize the town because of this to the extent of having its grant on that part of the work withheld. He said the Board, acting as officials of the town, wished to call this to Mr. Round's attention and warn him that if the P.W.A. did penalize the town, the Board would have to take such action against him as was necessary to recover for the town. The Chair- man referred to paragraph F. on Page 53 of the specifica- tions. Rounds re Mr. Rounds said that he intended to comply with contract State labor laws and Federal regulations. He retired at 7;55 P. M. The Chairman told Mr. Street that the Board appre- ciated very much having a man such as himself handling the P.W.A. jobs for the town, and told him that he had been of great help to the town: Mrs. Mary D. Hatch of 114 Concord Turnpike, appeared before the Board. Mrs. Hatch said that she intended to stake out a couple of lots on Watertown Street even though the Board of Survey had not approved the layout of the property._ The Chairman said that the Board had no authority to grant her permission to go ahead and Hatch pro - stake out lots until after the layout had been approved perty by the Board of Survey. Mrs. Hatch said that that approval was merely a matter of form because the Planning Board had already approved the layout and that she was going to go ahead and stake out the lots and would take the responsibility upon herself. Tax Collector William 3. Scamman appeared -before the Board. The Ch.airm ii told him that the Selectmen had requested him to come o discuss the general matter of collection of taxes. Mr. Scarman said that about 5% of 286 the 1937 levy this to cament and would like to have the Board 'help him out. was unpaid and amounts about He said he made a mistake on his proposal on Contract B, ;30,000.00. He said there was nothing outstanding prior Vine Brook project, and if the town takes his bid bond, to 1937 with the exception of the James R. Smith properties. he would have to go out of business. He said that all The Chairman asked how much of the 1938 levy was out and the cash he could show was between $7,000. and $8,000. he said there was $150,000,00. If the tax titles were He did not think that the town would be reasonable in deducted, it would reduce it to X120,000.00. He said he expecting him to do the job at the price he submitted. had not sent out any notices on the 1938 levy. The Mr. Clinton, the lawyer for the Mass. Bonding Co., is Chairman asked if he believed there would be sufficient in New York today and will confer with the P. W. A. auth- collections by fall so that money might be available for orities there and if the town would send a letter to the transfer from E. & D. Mr. Scamman said that he thought P. W. A. office'iu New York notifying that the contractor all of the 1937 taxes would be paid by fall because he was unable to do the job and had protested the forfeiture Collection was going to send out his notgces earlier. Those bills of the bond, in his opinion there was no doubt that the of taxes will have to be paid between now and October or be put P.W.A. would consent to awarding the contract to the next onto tax titles. lowest bidder and there would be no question about the grant. Mr. Rowse asked how the collections of this year The Chairman asked Mr. Lee if he was to understand compared with those of last year, and Mr. Scamman said that his company could not do the work at the price sub- they were better. Mr. Potter said that he believed the mitted, and Mr. Lee answered in the affirmative. The 1938 bills would not be paid as early as usual because the 1939 bills were going out later than usual. Mr. Scamman said that the demands would go out in August. Mr. Rowse said that the Town could not transfer money from E. & D. until the total uncollected taxes were less than the money in the treasury. Mr. Scamman said he did not believe the town was in bad shape at all. He said that he had been lenient with some of the 1936 accounts , but had got after them and would not be as lenient again. He said he thought there were some old outstanding water accounts that he felt the Board should look into. He retired at 8;30 P. M. Mr. ',Halter H. Lee of the Lee tbnstruction Co. appeared before the Board. He said he was in a bad predi- cament and would like to have the Board 'help him out. He said he made a mistake on his proposal on Contract B, Vine Brook project, and if the town takes his bid bond, he would have to go out of business. He said that all the cash he could show was between $7,000. and $8,000. He did not think that the town would be reasonable in expecting him to do the job at the price he submitted. Mr. Clinton, the lawyer for the Mass. Bonding Co., is in New York today and will confer with the P. W. A. auth- orities there and if the town would send a letter to the Lee - re P. W. A. office'iu New York notifying that the contractor Vine Brook was unable to do the job and had protested the forfeiture Project of the bond, in his opinion there was no doubt that the P.W.A. would consent to awarding the contract to the next lowest bidder and there would be no question about the grant. The Chairman asked Mr. Lee if he was to understand that his company could not do the work at the price sub- mitted, and Mr. Lee answered in the affirmative. The Chairman asked if the Lee Construction Co. could get a contract bond and Mr. Lee said that it could not. He requested the Board to help him out on the matter. He said he understood that the �Rfn might have gone to some normal expense and he wou�o�7ect to paying something, say $500.00 or so. He retired. The Chairman said that he discussed this matter with the Town Counsel today, and he stated that there was a possibility of difficulties with owners adjacent to Vine Brook because of delay in doing the work, and further that the town might be put to some expense because of this. `iherefor, any question of releasing all claim against the Lee construction Companyls surety should be held up pending clarification of the situation. Mr. Wrightington said that there was some doubt as to whether or not the Selectmen had any right to waive their claim on the bid bond. Mr. Raymond informed the Bard that work had been done on Fern Street last in 1934. The Chairman said that Harold B. Needham had been after the town for years to do some work on the street on the grounds that the town had done some work on it before. The Clerk was instructed to write the down Counsel requesting him to refer to Mr. Needham+s letter and to refer to his files ' on the matter, going back over a number of years, and Fern Street to send Mr. Wrightington a copy of Mr. RaymondIs letter of April 13th showing that the town had done work on the street in 1934. The Clerk was also instructed to request Mr. Wrightington to answer Mr. Needham+s letter after having done all this. Mr. Raymond said that word had come to him that the Andersons on North Street wanted to know what effect making a flood storage basin near their property would have on their well. The engineers find that they have a well quite close to Butterfield's Pond and the level of the water is one to two feet higher than the level of the water in the pond. Undoubtedly the water in the well Anderson will be polluted when the water level in the pond is well raised. A better well could be provided for about 0300. and a water service could be put in for about $100.00. Mr. Raymond suggested that the town offer to pay something between the two, say $200.00, or offer to put in a water service if the Andersons will agree to pay the water rates. He said that the only trouble with the latter was that it would not be possible to charge the expense to the cost of the project. He thought that $200. would be a fair settlement. Mr. Rowse thought that the thing to do would be to talk to the people and see what they would be willing to settle for. 28 Mr. Potter moved that Mr. Raymond be instructed ' to contact the Andersons and make an offer of settlement not to exceed $200.00. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that last year the Board, acting as a Board of Health, ordered a sewer built in Lowell :Street. The agreement was voted on at the Annual Town Meeting in Arlington and Lexington and the sewer department has on deposit a check from the H.O.L.C. for the full amount of the assessment, but has not received a check for the connection. He asked if the Board wanted to author- ize the extension and charge the expense to the Sewer Con- Mr. Raymond informed the Board that Esther R. Barnes had complained about her water bill for 8 & 10 Sheridan Street. Incidentally it is the smallest quarterly bill that she has received for one and one half Barnes years, but she maintains that there was no one in one of water bill the tenements but that she had to keep the water running in order to prevent freezing because the pipe had been exposed by the contractor on the Vine Brook job. Mr. Howse moved that the excess charge of $3.09 be abated. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said that the Town Accountant informed him that money in the appropriation for Personal Services in the engineering division could be used in any way the Board saw fit as long as it did not exceed the appropria- tion. The Chairman asked if he was correct in his belief that Mr. Raymond did not intend to ask for this man again next year. Mr. Raymond said he probably would ask for him, but would hire him with the understanding that the job would be good only to the end of the year. The , understanding would be that the matter would be taken up with the Board of Selectmen again in December. Mr. Rowse said he thought it would be better to hire a less expen- sive man if there was a possibility of keeping him next Man for year. Mr. Raymond did not agree with nim. He said there Engineering was money enough to pay a man $41. per week from May lst. Dept. Mr. Rowse said he did not believe that this was the time to put on an additional man in the Engineering Department. The Chairman said that the money had been voted and was available. Mr. Potter moved that Mr. Raymond's request for an additional man for the Engineering Department for the balance of the year to be paid a salary within the appropriation be approved, with the understanding that the matter would be brought to the attention of the Board before continuing in 1940. Mr. Locke seconded the motion and it vias so voted. Mr. Rowse voted in opposition. Mr. Raymond said that last year the Board, acting as a Board of Health, ordered a sewer built in Lowell :Street. The agreement was voted on at the Annual Town Meeting in Arlington and Lexington and the sewer department has on deposit a check from the H.O.L.C. for the full amount of the assessment, but has not received a check for the connection. He asked if the Board wanted to author- ize the extension and charge the expense to the Sewer Con- n 1 u struction Sunday Streets account. Mr. Locke moved that the extension be authorized. Mr. Rowse seconded the motion and it was so voted. Mr. Dymond said that Mr. Paxton had suggested certain regulations to be posted at the dumps and he read the regulations. The letter said that 100 of the regulations printed on cloth would cost about $15.00. Mr. Potter moved that 100 signs be ordered and charged to the Ashes and Dumps appropriation. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that the American Legion Aux- iliary had requested that it be allowed to use Cary Hall on May 3rd for a rehearsal of the program to be held on May 5th. They said they would want the hall only an hour or an hour and a half'. Mr. Potter moved that the use of the hall without heat, be approved. Mr. Rowse seconded the motion and it was so voted. The Chairman read a petition signed by fifteen residents of Daniels and ;Aerial Streets requesting street lights. Mr. Raymond said that the last Town Meeting had voted to install street lights in Daniels Street but there was no request previously for Aerial Street. He recommended that two street lights be in- stalled in Daniels Street. Mr. Potter moved that the recommendation be approved. Mr. Locke seconded the motion, and it was so voted. Mr. Potter moved that the request for lights on Aerial Street be submitted to the next Tonin Meeting. Mr. Locke seconded the motion and it was so voted. Letter was received from Mary S. Galt of 4 Robbins Road requesting the installation of a sign "Not a Through Street" at Locust Avenue. It was decided to hold the matter over for one week. Letter was received from John Lamont advising that he had received a price of $1.50 each for making wooden "No Dumping" signs. They would be 18" by 24" and he said that at least twenty signs would be needed. Mr. Locke moved that the purchase of the signs be auth- orized, the expense to be charged to the Board of Health Account. Mr. Sarano seconded the motion and it was so voted. Mr. Lamont was to be requested to submit a sample sign. Letter was received from the Building Inspector advising that the Arlington Five Cents Savings Bank would be willing to have the cottage and out buildings on Mass. Ave. opposite Bow Street torn down provided J: Sewer - Lowell St. Dump regu- lations Use of hall Street light: Article for Warrant Street sign Dump signs P71 Buildings to be torn down Signs for rXncoln St. Ham claim the 'Town could find someone to do the work for the material salvaged. Mr. Frank Friend, owner of the old paint shop on Mass. Ave. opposite Oak Street, said that he would demolish the building if he could find someone to do the work without expense to him. The Chairman asked if the contractor tearing down the Aldrich property might tear down these buildings for the material salvaged and Mr. Raymond said he did not know. It was decided to hold the matter over for one week inasmuch as Mr. Sarano said he might know somebody who would do the work, The Chairman said that Mr. Conant of Lincoln Street was again requesting ""Slow" signs and also crossing lines for Lincoln Street. Mr. Raymond said he could not see what good the lines across the street would do unless there was an officer there. He said that the last time this matter came up there was no money in the Traffic Signs appropriation, but that there was money available now. The matter was held over for one week. Mr. Raymond read the letter addressed to the Board from George Ham dated :April 11, 1939 advising that the award made to him was not satisfactory. Mr. Ham said he did not believe that the taking of his land was necessary but if the Town insisted that it was, his minimum price was $3500. He said that if the town took an unfavorable attitude on it, he reserved the right to withdraw this price. He said he hoped the Board would decide to aban- don the taking of his property and give him the privilege of carrying out his plans for the land which he has held for thirty-two years. Mr. Raymond said that Ham maintained that he had paid 0500. for the land plus the taxes. He said that the P.W.A. was pressing him to settle these damage claims and if 02300. is used for the Burnham taking out of the money available, there would not be money enough to pay Mr. Ham what he asks and stay within the 410,000. made available. However, if the Board says that the money for Burnham is to come out of the drainage channel costs, there will be money enough. He recommended that the Town hire a real estate expert to determine what the damages are to Mr. Hamts-property because of this taking. Mr. Rowse moved that an expert be hired provided one could be secured for a cost not to exceed $50. and that the expense could be charged as part of the job. Mr. Locke seconded the motion and it was so voted. Messrs. Mitchell and Morse appeared before the Welfare Board relative to Welfare matters. 1 291 Letter was received from the Lexington Townsend Club #1 requesting the use of Estabrook Hall two eve- nings a week. The letter stated that the organization Use of hall was not political. Mr. Locke moved that the application be denied, it being the feeling of the Board that it was a political organization, more or less. Mr. Potter seconded the motion and it was so voted. Letter was received from J. A. Moss, Colonel, U. S. Army, Retired, requesting that the Selectmen appoint a committee for the observance of Flag 'geek, from June 8 to June 14th. Mr. Potter moved that the Committee Allied Veterans Council be appointed a committee for on Flag week the observance of Flag Week and that the Selectmen issue a proclamation on the occasion. Mr. Sarano second- ed the motion, and it was so voted. Letter was received from Chief Taylor requesting a transfer of $450.00 from the Reserve Fund to help pay for the repairs to the ladder truck. Mr. Rowse moved that Chief Taylor be advised to go ahead with the re- pairs of the truck at a cost not to exceed $650. and by various economies to try to ,pay for the same from Ladder truck his own appropriation, and if he is short in the Fall, that the matter be taken up with the Appropriation Committee. Mr. Locke seconded the motion, and it was so voted. Chief Taylor sent a copy of the letter received from the Sterling Motors Corp. addressed to the Fire Dept., stating that they would be unable to submit an estimate on making the repairs to the ladder truck. Application for a junk collector's license was Junk License received from Louis Michelson of Waltham. It was de- cided to hold the matter over for one week. Application for a license to slaughter at 76 Laconia Street was received from Alex Shapiro of Man- Shapiro. chester, N. H. Because of the trouble recently with request'for Mr. Shapiro, upon motion of Mr. Potter, seconded by license Mr. Sarano, it was voted to deny the application. Application for a Slaughter House License at 76 Laconia Street was received from Edward J. Casey. Slaughter Upon motion of Mr. Potter, seconded by Mr. Sarano, it House Li - was voted to grant the license. cense Letter was received from the Planning Board ad- vising that a hearing would be held on Thursday, May ' 18th at 8;00 P. M. for the purpose of creating a new Hearing Planning t Board member Assessors' office girl zone, R. 3, for apartment buildings. Attached to the notice was a copy of the proposed amendment. The Clerk was instructed to send a copy of it to each member of the Board. Letter was received from the Planning Board re- questing'a meeting with the Selectmen for the _purpose of appointing someone to fill the vacancy caused by the resignation of Eugene G. Kraetzer. The Clerk was instructed to set a date for the meeting. Letter was received from the Board of Assessors stating that Miss Mary Ormond had been employed in that office each Spring for the last three years. They re- quested that they be allowed to keep Miss Ormond for a period of twelve weeks more at $12.00 per week and re- quested a transfer from the Reserve Fund to pay her wages. Mr. Rowse moved that the Board of Assessors be written with the suggestion that Miss Ormond be dropped at the present time and when it is nedessary to re -hire her, to advise the Board and if more funds were needed, to request them at that time. Mr. Locke seconded the motion and it was so voted. Mr. Potter moved that the following licenses be granted: Wilma A. Brown, 1632 Mass. Ave. Practice of Physiotherapy John T. Kenealy, 856 Mass. Ave. Sunday Sales Boston Edison Co., 1727 Mass. Ave. Overhanging Sign Licenses John Sullivan, 2407 Mass. Ave. Keeping of swine Chester A. Fogg, Noburn St. r' it if Carroll Bros., Allen St. " It it Mr. Locke seconded the motion, and it was so voted. Letter was received from Frank W. Dodge of 229 Bedford Street requesting permission to keep goats on Permit to his property. The land extends 300 or 400 feet back into keep goats the woods from Bedford St. Mr. Potter moved that the application be granted subject to the approval of the Building Inspector. Mr. Locke seconded the motion, and it was so voted. Mr. Rowse moved that Winthrop H. Bowker of 2184 Appointment Mass. Ave. be appointed as an Associate Member of the Board of Appeals. Mr. Potter seconded the motion and it was so voted. 1 1 ' The Chairman said that he had talked with Henry Duffy about the Tenement House Committee. Mr. Duffy got in touch with Frederic L. Fischer who said that he would serve on the committee. Mr. Rowse said that he under- stood that Robert J. Kelley of Follen Road was going to serve on the committee. The Clerk was instructed to check with Mr. Kelley to see if the appointment was acceptable to him, and if not, to notify Mr. Fischer of his appointment. The Chairman said that because the committee was anxious to get started ori its work, he authorized Mr. Henry Duffy to serve as temporary chairman. He asked approval of his action. Mr. Rowse moved that the Chair- man's action be approved. Mr. Potter seconded the motion and it was so voted. C Letter was received from Metcalf & Eddy advising that Peter Salvucci was in good financial condition and they recommended that if the low bidder aid not qualify, that the contract be awarded to Mr. Salvucci. At 12;03 A. M. the Board considered the fact that the Lee Construction Co., Inc.had not submitted a bid bond before midnight. Upon motion of Mr. Potter, seconded by Mr. Locke, it was unanimously voted to pass the following vote: Inasmuch as the proposal of the Lee Construction Co., Inc., was accepted and was approved by the P. W. A. authorities, and the principal failed to execute and deliver a contract and furnish a bond for performance of the contract within five days from the date of the notice, which was delivered to him on April 25th, 1939; and Inasmuch as Mr. Walter H. Lee of the Lee Con- struction Co., Inc. has appeared before this Board this evening and stated that he cannot carry out the contract and he cannot furnish a contract bond, the proposal of Peter Salvucci in the amount of $139p602.50 is accepted, subject to the approval of the Federal Emer- gency Administration of Public Works; and Further Voted that the Supt. of Public Works be authorized to furnish the necessary information to the P.W.A. authorities and notify the contractor that his proposal has been accepted, and proceed to take what- ever action necessary in the matter. 293 Tenement House Committee Vine Brook Project Commitment of water rates in the amount of $5096.55, commitment of water liens in the amount of x;120.13, and Commitments Vater Guaranty abatement in the amount of $85.43 were and signed by the Board. Abatement The meeting adjourned at 12;05 A. M. A true record, Attest; Clerk