HomeMy WebLinkAbout1939-08-080
Juror.
Pingree
health
menace.
SELECTMENIS MEETING
AUG. 8, 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, Sarano and Locke were
present. The Clerk was also present.
At 7:30 P.M. Mr. Carroll appeared before the Board for
the drawing of one juror. Mr. Richard A. Clark, retired, of
91 Simonds Road, was drawn to serve at the first session on
civil business at Cambridge, beginning Monday, September 11,
1939.
Mr. John Lamont, Health Inspector, appeared before the
Board. He said that on July 24, 1939, he found that the cess-
pool at 11-13 Pleasant Street, Lexington, was overflowing and
accordingly a notice was mailed to the owners of the property,
Walter E. L. and Emily B. Pingree, that the cesspool was a
health menace and requesting that the menace be abated. On
July 31, 1939, the cesspool was pumped out and the property
was in satisfactory condition. However, a few days after-
ward, it started to overflow again and Mr. Lamont informed
the Board that at the present time there was a distinct health
me►n.ace and nuisance there. Mr. Lamont asked Mr. Wrightington
for his advice, and Mr. Wrigb.tington said that the Board of
Health had authority for abatement of such nuisances.
The following finding was made:
"The Board of Selectmen of Lexington, acting as a Board
of Health, after hearing a report from Johh Lamont, Health
Inspector, as to the condition of the cesspool on the property
of Walter E. L. & Emily B. Pingree and located at 11-13 Pleas -
and Street, Lexinton, find that said cesspool is a menace
to the public health and a nuisance by reason of its over-
flowing, and, therefor, the Board adopts the following order
under the authority of G. L. Ch. 111, sec. 123, and every
other power enabling it to do so.
ORDERED that Walter E. L. & Emily B. Pingree of Medford
in the county of Middlesex, the owner of the building at
11-13 Pleasant Street, Lexington, at their own expense remove
the nuisance and source of filth thereon consisting of an
overflowing cesspool, within three days from the date of the
service of this order.
Archibald R. Giroux Majority
William G. Potter of
Errol H. Locke Selectmen
A. Edward Rowse of
George W. Sarano Lexington."
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Letter was received from the State Dept. of Public
' Health relative to the investigation as to the cause of the
abuddance of flies in the vicinity of 2652 Mass. Ave. The
report of the investigator indicated that the sources of the
fly nuisance were the farms of Ernest Ballard on wood Street
and John $ullivan on Mass. Ave. where piggeries are main-
tained. The letter said that the heaviest breeding of flies
occurred in the manure heaps at the piggeries and the writer
suggested that this material be treated with powdered borax.
It was also suggested that fly traps be installed.
Mr. Lamont said that both Mr. Ballard and Mr. Sullivan
were cooperating with him and would do their best to get
rid of the fly nuisance.
Mr. Lamont reported that Peter Canessa had been in the
habit of dumping material removed from cesspools on top of
the ground in some places. He dumped some on Waltham Street
and there was a very bad odor. Mr. Rowse moved that Mr.
Canessa be ordered to stop the practice of dumping on top
of the ground the material removed from cesspools and that
he dump it into the main sewer. Mr. Potter seconded the
motion and it was so voted.
Letter was received from the Town Counsel advising that
the basis of the John Morrow claim would be the lowering of
the water table. Mr. Wrightington suggested that an expert
' who was familiar with the Morrow farm before the improvements
began be hired. Mr. Potter moved that the Town. Counsel be
authorized to employ such an expert and that the expenses be
charged to the Vine Brook Drainage project. 11r. Sarano
seconded the motion and it was so voted.
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Mr. Raymond appeared before the Board. He brought up
the matter of two bids received for furnishing coal during
the coming winter,. Robert W. Fawcett & Son bid 06.95 per
ton for coal having 14,700 B.T.U. per pound and the Lexington
Coal Companyts bid was x;7.00 per ton for coal having 14,850
B.T.U. per pound. on the basis of millions of B.T.U. the
Lexington Coal Companyts was .421 and Fawcett's was .239.
Mr. Raymond said he thought .it a good plan to try the cheaper
grade of coal for at least onecarload for the Cary Memorial
Building, expecting that this would take up to the end of the
year. If we purchase the same number of B.T.U., and, based
on the same moisture figure, the price for the Public Works
Building and the Cary memorial Building would be $12, less
per season if Fawcett's were purchased. Mr. Raymond said
that there was some reason why he did not get more bids.
He thought that if the business was given to Mr. Fawcett
it would demonstrate to the other bidders that it was not a
closed proposition and other companies, might bid the next
time. Mr. Rowse said that coal could be bought quite a lot
cheaper than this. He asked if it was not possible to buy
coal chewpernow than in January and said he thought it poor
judgment to buy only one car and then have to buy another
one in January. Mr. Raymond said that Ahey could store only
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Fly
conditions
Condord
Fill
Dumping
desspool
material
Morrow
claim.
Coal
396
two cars anyway. Mr. Rowse suggested that one car be bought
from each bidder and Mr. Raymond said that he would not have ,
enough money to do that.
Mr. Rowse moved that the matter be held over for two
weeks and that new bids be secured if necessary. Mr. Sarano
seconded the motion and it was so voted.
Mr. Raymond reported that the Water Dept, now had two
drill hammers which were eight or nine years old. One has
just been repaired at a cost of about $50, and the other
one has been repaired three times at a cost of anywhere
Drill from $30. to $50.00., It is now in a condition where it will
Hammer - cost about $80. to repair it. He said he would like authority
Water Dept.to buy a new drill hammer and turn the old one in. Three
dealers have given a price of $200. each, with the allowances
as follows; John S. Moore, $25.00; Walter V7. Field, $20.00;
Public Works Supply Co., $30.00. Mr. Raymond recommended
that the drill hammer be purchased from the public Works '
Supply Co. Mr. Rowse moved that the Superintendent's
recommendation be approved. Mr. Potter seconded the motion
and it was so voted.
The Chairman read a letter received from Helen C.
Whittemore regarding automc.bile liability insurance. Mrs.
Whittemore said that the town received credit for layaups
last year amounting to $365.06, and she said she doubted
Insurance.
1rihether or not this arrangement could be made if the policy
was issued through another company: Mrs. Whittemore again
requested that she be given an order for the renewal of the
policy.
Mr. Potter moved that the policy be continued with the
Employers' Liability Assurance Corp. and handled through the
office of L. J. Reynolds and that the premium be divided as
follows: L. J. Reynolds, 2/5ths; C. H. Schofield, 2/5ths;
Ready and Mott, 1/5th. 'Mr. Sarano seconded the motion and
it was so voted.
Mr. Raymond again brought up the matter of smudge
Smudge
insurance on the Barnes property. He said he did not believe
Insurance.
that it was worthwhile. Mr. Saran moved that no action be
taken on the matter. Mr. Potter seconded the motion and it
was so voted.
Mr. Raymond reported that Mr. Dodge, the manager at the
'
Buttrick stand, had requested an additional street light ori
Street
the pole in front of the stand. Mr. Raymond did not believe
Light.
that it was going to do any good there. They have flood
lights which illuminate the stree tall right and by the time
they close up, the street lights would be off anyway. Mr.
Potter moved that no action be taken on the matter. Mr. Lobke
seconded the motion and it was so voted.
Mr. Raymond informed the Board that Ellsworth Webber had
Dump
again requested permission to work the dump: Mr. Potter moved
that no action be taken on the request. Mr. Sarano seconded
the motion and it was so voted.
Mr. Raymond reported that the Water Dept, now had two
drill hammers which were eight or nine years old. One has
just been repaired at a cost of about $50, and the other
one has been repaired three times at a cost of anywhere
Drill from $30. to $50.00., It is now in a condition where it will
Hammer - cost about $80. to repair it. He said he would like authority
Water Dept.to buy a new drill hammer and turn the old one in. Three
dealers have given a price of $200. each, with the allowances
as follows; John S. Moore, $25.00; Walter V7. Field, $20.00;
Public Works Supply Co., $30.00. Mr. Raymond recommended
that the drill hammer be purchased from the public Works '
Supply Co. Mr. Rowse moved that the Superintendent's
recommendation be approved. Mr. Potter seconded the motion
and it was so voted.
Mr. Raymond said that the contractor on the force
main for the North Lexington Pumping Station would probably
be alldwed the sum of $500. for replacing the pavement
where the water pipes had been installed in Valley Road.
The contractor would like to have the Town do the work and
the department would like to do it. Mr. Raymond said that
that $500. worth of"paving would be worth $500. if they
could spend $250. to 0300. for drainage. V&en that street
was built, no drainage was installed and the edge of the
pavement breaks off badly. Mr. Raymond requested approval
to spend the drainage money from Highway Maintenance. He
said that they probably would come back near the end of
the year and ask for some money for Highway Maintenance.
Mr. Rowse moved that the drainage work and paving replace-
ment be approved. Mr. Potter seconded the motion and it was
so voted.
' Mr. Raymond said that if a granolithic sidewalk was
put in in front of Engstrom's property on Pelham Road, it
should be brought down to the proper grade. This would mean
Repai ring
Valley Rd,
Mr. Raymond said that he had talked with Pair. Spellman
about the bus stop on Mass. Ave. at Waltham Street. He
'
did not recommend any change as he thought it should be
tried out further. The one hour parking has not been enforeed
as yet. However, he did think it would be a good idea to
change the Waltham Street bus stop. He asked Spellman why Bus Stops
it. was changed from the corner to where it is now, and he
seemed to think that the bus used to stop there for about
five minutes. There will only be three trips now when the
bus will stop at the corner for any length of time. The
officerin charge there would be able to keep an eye on the
bus'stop much better if it were nearer the corner.
It was decided to take no action on the matter pending
further observation.
Mr. Raymond also said that Spellman suggested that
there be two bus stops at the High School and Mr. Raymond
thought that that was a good idea. The Board had no
objection. Mr. Raymond said he would take the proper
steps to accomplish this.
Letter was received from Frank L. Ablondi of Paul
Street, Framingham, stating that on August 1st while
driving on Waltham Street, the right front wheel of his Ablondi
car hit a hole in the road causing the front spring to. claim
break. He had the car repaired at Calvin Childst at a
cost of $4.65. Mr.. Ablondi asked that this bill be paid
and that he be reimbursed for loss of time in the amount of
Mr. Raymond said that this man ran into a hole on
,$6.50.
Waltham Street where the patched shoulder had been put in
some time ago. Mr. Rowse moved that the $4.65 be paid and
charged to the Highway Maintenance appropriation, subject
to the approval of the Town Counsel. Mr. Potter seconded
the motion and it was so voted.
Mr. Raymond said that the contractor on the force
main for the North Lexington Pumping Station would probably
be alldwed the sum of $500. for replacing the pavement
where the water pipes had been installed in Valley Road.
The contractor would like to have the Town do the work and
the department would like to do it. Mr. Raymond said that
that $500. worth of"paving would be worth $500. if they
could spend $250. to 0300. for drainage. V&en that street
was built, no drainage was installed and the edge of the
pavement breaks off badly. Mr. Raymond requested approval
to spend the drainage money from Highway Maintenance. He
said that they probably would come back near the end of
the year and ask for some money for Highway Maintenance.
Mr. Rowse moved that the drainage work and paving replace-
ment be approved. Mr. Potter seconded the motion and it was
so voted.
' Mr. Raymond said that if a granolithic sidewalk was
put in in front of Engstrom's property on Pelham Road, it
should be brought down to the proper grade. This would mean
Repai ring
Valley Rd,
Mee
Sidewalk,
Pelham Rd.
Gas mains
the removal of a great many shrubs on Engstrom's land. It
would probably affect one tree on his land and one tree in
the street would have to be removed. It is not in very good
condition anyway. The actual cost for doing the grading and
putting in a concrete sidewalk would be $870. and for doing
the same work on Pelham Road in front of the Hutchinson
property, the cost would be $360. This totals $1230., which
is more than the total appropriation. Mr. Raymond said he
believed that the Town would not be justified in spending
the money from the appropriation when there was so little
traffic over these sidewalks. Mr. Rowse said that Mr.
Engstrom asked him how he could fix up the sidewalk as he
thought it was loose and he thought it was dangerous. Mr.
Raymond said it was brittle but it was not dangerous. He
said, however, that it was up to the town to maintain it and
he thought they could spend about 0200. fixing it up. They
would give it a broad -surface treatment. Mr. Potter moved
that Mr. Raymond talk to Mr. Engstrom on the matter. Mr.
Rowse seconded the motion and it was so voted.
Mr. Raymond reported that the Arlington Gas Light Co.
had requested approval for the installation of 4550 feet
of 4 inch gas main in Pleasant Street and 1250 feet of 4
inch main in Watertown Street. He said he would approve,
of the installation if the canpany would meet with his
decision on where the mains were to be laid. 'Mr. Potter
moved that the Board approve the installations if the Gas
Company meets Mr. Raymond's conditions. Mr. Potter seconded
the motion and it was so voted.
Mr. Raymond presented the Board with a copy of the
Garbage proposed garbage contract and he requested approval to submit
contract it to Mr. Wrightington for his approval. The Board instructed
him to do this and the matter was held over.
Mr. Raymond asked whether or not he should submit an
amended application on the North Lexington Sewer Project
Sewer to provide street sewers in Lexington Manor and the Reed
project Street district under the W.P.A. The Clerk was instructed
to see if the amended Act was going before this session of
the Legislature. It was decided to hold the matter over
for two weeks.
Request was received from the Lexington Post Office for
P.O.car permission to have the philatelic car on display either at
display the circle at the Cary Memorial Building or at the Con,
on Aug. 21st from 10:00 to 11;30 A. M. Mr. Rowse moved
that the Post Office be given permission to use the circle
in front of the Cary Memorial Building. Mr. Locke seconded
the motion and it was so voted.
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Letter was received from the Federal Music Project
requesting that the town pay the sum of $12. to aid in
defraying the non -labor expenses of this project. There are
two Lexington residents on the project. Mr. Rowse moved Fed.Musin
that no action be taken on the matter. Mr. Potter seconded Project
the motion and it was so voted.
Request was received from Margaret Collins of 160
Woburn Street that that area be sewered. Mr. Raymond said
that it would take about 1200 feet of sewer to reach this
house, but he thought the sewer was needed and should go
in. He asked if the Board wished him to go ahead and
prepare the schedules of assessments to see if the people
were willing to pay them. Mr. Raymond was instructed to do
this.
Letter was received from A. P. Rounds advising that as
of Aug. 2nd, the job was changed to a union job,
Another letter was received from Mr. Rounds stating
that since July 28th, 1939, his job had been stopped due to
his failure to get men to operate. He said the expense per
day due to the work being stopped was approximately $100.
Mr. Raymond read a copy of a letter which he had sent
to the P.W.A. replying to their questions about Mr. Roundst
contract. Mr. Raymond said that Rounds had done very well
in adjusting his unpaid bills. Metcalf & Eddy believed it
to the best interests of the town to continue with this
contract.
Letter'was received from Ernest E. Alger requesting a
street sign on Payson Street and also requesting that some
work be done on Bridge Street. Mr. Raymond said that it
was not the practice to put up street signs on private ways
leading off private ways; also Bridge Street is an un-
accepted street9 so no work can be done on it. The Chair-
man requested Mr. Raymond to answer Mr. Alger's letter.
Letter was received from Harold B. Needham stating that
he was surprised that the Selectmen had not expressed an
opinion on what action they intended to take with regard to
Fern Street. Mr.Neecham said he was put to a large enough
expense caused directly by the work done by the Town to
warrant making a claim against the Town. Mr. Needham said
that work had been done on Fern Street this year beyond the
accepted part, so-called. Mr. Raymond was requested to go
over the correspondence and to bring the matter up at the
next meeting.
Letter
the need of
Mr. Raymond
told that we
office. The
Sewer -
Woburn St.
Rounds
contract.
Request for
work on
Payson and
Bridge Sts.
Fern St,
was received from Colonel McDonough stresd ng
a reserve of work relief projects in the community. W.P.A.
said he thought that Col. McDonough should be
have not been getting cooperation from his
projects that have been submitted have been
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returned for various technical reasons. Mr. Rowse moved '
that Mr. Raymond acknowledge the letter and review the
projects we have submitted and state what has happened to
them. Mr. Potter seconded the motion and it was so voted.
Mr. Potter moved that the petition of the Boston Edison
Pole Co. f or permission to set one pole and remove one pole on
location. Mass. Ave., approximately 65 feet northwest of Wallis Court,
b6, granted. Mr. Sarano seconded the motion and it was so
voted.
Mr. DeTrafford Smith appeared before the Board. The
Chairman said that Mr. Smith had been in charge of the
Federal Commodities Division for some time and got his 403
(dismissal slip) for one month. The W.P.A. asked, however,
that Mr. Smith sort of look after the project during his
Clerk, month►s lay off. The Chairman told him to stay on until
Commodities the Board met and that he would be paid $10. He read a
Div. letter from Mr. Wrightington stating that if the Board to
wished, Mr. Smith could be paid from the Federal Commodities
Account. The Chairman asked him what he would take if he
was paid from the Fed. Commodities appropriation and. Mr.
Smith said he would accept X15. a week, as a temporary prop-
osition. He retired.
Mr. Rowse moved that Mr. Smith be paid $12, per week
for four weeks and that this be charged tothe Federal
Commodities appropriation. Mr. Potter seconded the motion
and it was so voted.
Mrs. Sally White and her husband and Robert L. Ryder
appeared before the Board. Mr. Ryder said he was called
in at 1:00 today by a brother attorney who told him Mrs.
Vhite►s story. Mrs. White has applied for a permit to
maintain a home for the aged at 283 Mass, Ave. He said that
what he stated here tonight he was stating because he believed
Mrs. White and what the other lawyer told him. Mrs. White
has been a registered nurse for 25 to 30 years and has had
a home for the aged in Wakefield for several years, and in
Stoneham since last May. She has had trouble in Stoneham
because of the zoning regulations. They want her to get
out of the section she is in in Stoneham because of the
zoning restrictions and she has made a tentative agreement
to purchase the Lexington Inn. She intends to put the
property in a good condition. She has had a successful home
in other places. Mr. Ryder said he believed she would con-
duct a very decent place. He has two letters, one from the
grocery store manager where Mrs. White trades saying that
she paid her bills, and the other from the Lt. Governor of
the Kiwanis Club of Mass. The Chairman stated that Mrs.
White had given three doctors as references and that one of 1
them did not recommend her. He asked Mrs. White to explain
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that.-.1.Mrs. White said that she could not understand it as
the doctor in question had been her physician for a number
of years. They retired. White app -
Letter was received from Wilhemina Walker of Wakefield lication
stating that she rented her home in Wakefield to Mrs. White for Home
who moved in before signing a lease and then refused to sign for Aged
for which Mrs. Walker said she was later thankful. She
said they stayed there until they finally got her out in about
six months by raising the rent and they found the house in a
filthy condition, besides being damaged in various wsys.
Mrs. White left owing back rent and Mrs. Walker said that
her wird was no good in Wakefield.
Dr. Herbert K. Bloom of Everett said that he had sent
three patients to Mrs. White in the past few years and that
she had done very well in caring for then.
The Lexington Chief of Police said that upon investiga-
ting Mrs. White, he found that her character was not of the
best.
The Clerk of the Board of Selectmen of Stoneham said
that Mrs. White rented a large dwelling house in a residential
zone which previously had been used as a home for convalescents.
Mrs. White rented the house apparently believing that she
could continue to use the place as a home for aged people,
but tha permit did not cover this and she was obliged to dis-
continue.
The Clerk was instructed to request the Chief of Police
for further information regarding Mrs.:White.
Mr. C. H. Ferguson, Mr. W. R. Greeley, and Mr. Edwin
B. Worthen, Jr. of the Planning Board appeared before the
Board to discuss the matter of traffic through Lexington.
Mr. Greeley said that they came merely to put the matter
before the Board and said that they were not traffic experts.
Mr. Ferguson said that he had noticed that there was a con-
siderable amount of speeding in Lexington and he cited what
Providence had accomplished in its safety dampaign. The
Chairman suggested that it might be possible to set up a
certain speed limit in the outskirts and another in the
center of the town. They left a memo stating that people
coming through Arlington saw no signs regarding the speed
limits in Lexington and therefor immediately increased their
speed. They asked whether Lexington could be put on a thirty
mile basis especially on the Concord Turnpike. The Chairman
asked if the Planning Board would be willing to make a study
of the traffic problems in town and make recommendations to
the Board. Mr. Greeley said that the Board would be willing
to do this.
Mr. Locke moved that the Planning Board be requested to
make a study of the traffic problems in town and submit its
recommendations to the Board. Mr. Rowse seconded the motion
and it was so voted.
Traffic
' Application for the admission of Charles H. Packard of Packard -
35 Downing Road to the Mid. Co. Sanatorium was received. Mr. Applic.for
Potter moved that the application be approved. Mr. Locke San.
seconded the motion and it was so voted.
402
Request was received from the Lexington Council K. of
C. for permission to hold a carnival.on the Munroe property ,
at the corner of Lowell and Woburn Streets during the week
Aug. 14 to 19th inc. They also asked permission to use the
Carnival snow fence to keep people from trespassing on the farm
permit. opposite the carnival grounds. Mr. Rowse moved that the
permit be granted and that they be allowed to usethe snow
fence provided they repaired any damage and took care of the
transportation; the carnival to be closed at midnight and
the K. of C. to clean up the premises afterward. Mr. Potter
seconded the motion and it was so voted.
Letter was received from the V. F. W. stating that the
National Convention will be held in Boston on August 27th
Expenses - to August 31st. The Committee Chairman requested that the
V.F.W. veterans visiting Lexington be given some sort of a welcome
convention.and that the Board approve a sum of money to defray expenses.
The letter also requested that the Board approve the sum of
025. to be applied toward the cost of making the float to
appear in the parade. Mr. Locke moved that the Board approve
the expenditure of $25. for the weldome in Lexington to the
veterans and the sum of $25. toward the float, both to be
charged to the Unclassified Account. Mr. Sarano seconded the
motion and it was so voted.
Welcome to Mr. Locke moved that the sum of $23.75, covering the cost
disabled of serving punch to the disabled veterans on Aug. 2nd, be
veterans. approved and paid from the Unclassified Account. Mr. Saran
seconded the motion and it was so voted.
Mr. Sarano moved that the Board approve the bill of
Bill for $5. for flowers which were sent to the family of Mrs. John,
flowers. W. Raymond, to be charged to the Unclassified Account. Mr.
Locke sedonded the motion and it was so voted.
Letter was received from the 'Down Accountant advising
storm that the sum of $4.43 was left in the Storm Emergency Account
Emergency for the Cemetery Department. The Clerk was requested to tell
Accou#t. Mr. Russell to advise the Cemetery Commissioners that the
Board would approve no further expenditures beyond the ;4.43.
Mr. Locke moved that an Intelligence Office License be
License, granted to E. M. Mitchell, 1736 Mass. Avenue. Mr. Sarano
seconded the motion and it was so voted.
The Chairman said that R. L. Ryder had talked to him
and told him that the Tax Collector neglected to include with
the outstanding taxes, the water guaranty of the Lexington
Ryder Real Estate Trust on Lowell Street in the sum of $280.21. This
guaranty. was not mehtioned in the agrEement. Ryder requested that
the Board approve authorizing the abatement of this charge.
"Mr. Rowse moved that the request for abatement be disapproved.
Mr. Sarano seconded the motion and it was so voted.
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Messrs. Mitchell and Morse appeared before the Board Welfare
relative to Welfare matters.
The meeting adjourned at 12:05 P.M.
A true record,, Attest:
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Clerk.