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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." 1 1 1 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. 1 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 395 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. u 1 C 399 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 0 h -a C�7 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 1 M 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. 0 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: 1 1 Clerk.