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HomeMy WebLinkAbout1939-09-05 419 SELECTMEN'S MEETING SEPT . 5th, 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 and Sarano were present. The Clerk was also present. At 7:30 P.M. hearing was declared open on the petition of the New England Tel. & Tel. Co. for permission to locate 7 poles on North Street from Lowell Street northwesterly. Pole Mr. Scott Campbell of the Telephone Company appeared in location. favor of the granting of the petition. The Chairman said that Mr. Raymond approved of the locations. Mr. Potter moved that the petition be granted. Mr. Sarano seconded the motion and it was so voted. At 7:35 P. M. Mr. Carroll, the Town Treasurer, appeared before the Board and presented bids on a temporary loan in the amount of $100,000. , notes to be dated Sept. 6th, 1939 Loan and payable Aug. 30, 1940, as follows : Lexington Trust Company .75% dis. R. L. Day .65% " Second National Bank' .729% "Boston Safe Deposit & Trust .477 " Merchant' s National Bank .75% " Mr. Potter moved that the bid of the Boston Safe Deposit & Trust Co. be approved. Mr. Sarano seconded the motion and it was so voted. At 7:40 P.M. bids were received on a $4,000. loan for Chapter 90 maintenance work in anticipation of reimbursement Loan from the State and County. The following bids were re- ceived: Lexington Trust Company .75% dis. Boston Safe Deposit & Trust .477% " Mr. Potter moved that the bid of the Boston Safe De- posit and Trust Co. be approved. Mr. Sarano seconded the motion and it was so voted. Mr. Carroll informed the Board that three jurors were to be drawn. Mr. Walter McCoubrey of 23 Edgewood Road was drawn to serve at the first criminal session at Cambridge Jurors on Monday, Oct. 2nd; Mr. A. Randall Soderberg of 51 Dexter Road was drawn to sore on civil business at Lowell begin- ning Oct. 2nd; Robert J. Fawcett of 511 Marrett Road was drawn to serve on civil business at Lowell beginning On Oct. 2nd. At 7:40 P.M., Mr. R. L. Ryder appeared before the Board and said that he wished to be present when the hearing on the poles on North Street was held. The Chairman told him that 4a o the hearing had been concluded. Mr. Ryder said that he Poles on wanted to attend the hearing and also wanted to know why the North St. town did not build North Street fifty feet wide at the bridge rather than forty feet. He said that he had been forced to make Sherburne Road a fifty foot street and he wondered why the town did not do likewise. The Chairman told him to dis- Width of cuss the matter with Mr. Raymond. North St. Mr. Raymond appeared later and said that he had talked with Mr. Ryder and if later on the Board decided that it wanted a fifty foot street, it would not be a serious matter to lay it out. Mr. J. L. Douglass appeared before the Board and said that he was building a new house on Sheridan Street. He Douglass understood that he would be compelled to install a gas vent. re gas He said that in the first place, there was no gas in the vent street; secondly, one cannot purchase a gas stove with a gas vent unless it is an extra; and thirdly, Mr. Douglass said that he could not find the regulation requiring a gas vent in the plumbing by-laws. The Chairman told him that the matter would be taken up with the Plumbing Inspector, aid he retired. Mr. Lindstrom appeared before the Board. He stated that according to the diagram on the back of the Plumbing Laws, a gas vent was required, butthe text did not mention it. He talked to Mr. Wrightington on the matter, who se d that he did not believe the thing would hold in Court in- asmuch as the text of the Plumbing Laws does not specifically state that a gas vent must be installed. Mr. Lindstrom said that personally he did not like gas vents. The Chairman told Mr. Lindstrom to use his own judgment on the matter and he retired. Mr. Raymond and Mr. Joseph A. Ross appeared before the Board. Mr. Raymond said that Walter Black had complainedof the injustice of the charges made for water services. It Charge for has been the practice to charge at the rate of $.50 per water linear foot for installing the pipe from the curb line to services. the house where the owner does the excavating and backfill- ing. It is true that the cost is less than that if the ser- vice is more than fifty feet long. Mr. Ross prepared an estimate showing what a service fifty feet long would cost assuming that the excavation and backfilling to the line is included in the cost. A one inch service costs the town $.43 per linear foot and a three-quarter inch costs the town .39 per linear foot. Where there is a very long service, the owner is charged under present prices, more than it actually costs. There may be a time if the price of copper goes up, when the actual cost will be more than $.50 a foot. This matter was taken up with the Selectmen shortly before Mr. Raymond became Supt. and it was decided at that time to establish the rates of $1. and $.50. Later, Mr. Trask wrote a letter to Mr. Ross stating that the cost would be $1.50 and $.75. Later, Mr. Ross aid Mr. Trask had a conference and it was felt that $.75 a foot was too high and $.50 would cover the cost when the owner did his own 421 excavating. Without any further action of the Board, the rate of $.50 has been charged up to the present time. Mr. Raymond said he thought there should be no profit on installing water services, and he told Mr. Black to make the deposit on his service and he would take the matter up with the Board and if there was any change, he would so advise him. Mr. Raymond recommended the adoption of a policy of charging the actual cost of the service from the curb line to the dwelling, plus 10% for overhead on labor plus the cost of patching on that work where the pavement has to be replaced. He thought Mr. Ross agreed with that, but his objection was that there would be more bookkeeping and it would be necessary to keep a closer supervision on labor, etc. Mr. Raymond said he believed it important to have only first class work done and first class material used on these services. Water is measured at the house, and if anything happens to the service, much water might be lost. Mr. Rowse wondered if the cost were charged, if the town's figuring of the cost might not be questioned and the Chairman wondered if there would not be charges of favoritism. Mr. Raymond said he believed there would be no trouble, as they had none with sewer connections. Mr. Sarano said that because of the war, the cost of materials might rise and the flat rate would be protecting the town. Mr. Raymond said that the department was always called on to remedy defects in services where private persons had installed the service without permission from the Supt. of the Water and Sdwer Dept. He said that even now, they have a great deal of difficulty in locating services. Mr. Sarano moved that Mr. Raymond' s redommendation thM the cost of the service, plus 10% for overhead on labor plus the cost of patching where necessary, be adopted as the cost of installing services. Mr. Potter seconded the motion and it was so voted. Mr. Sarano moved that the right of the Supt. of the Water and Sewer Department to give permission to contractors and individuals to install water services be rescinded. Mr. Potter seconded the motion and it was so voted. Mr. Ross retired. Mr. Raymond said that Mr. Wrightington advised that the word "town" in the garbage contract would be construed that Garbage the Board of Health would act for the town and it would not contract be necessary to call a Town Meeting to collect damages. Mr. Raymond said that they had been using welfare workers to excavate loam and build a driveway to the Barnes Driveway- property so that trucks could get in there easily with Barnes commodities. He had hoped to get gravel from the back property part of the lot to build a driveway, but found it was not suitable He ordered the gravel from Stevens' sand pit at the contract price and thought it would cost $80. or $90 However, the gravel cost $144. so he requested the Board's approval for the expenditure of the money. Mr. Rowse moved that the bill be approved. Mr. Potter seconded the motion and it was so voted. 422 Mr. Raymond informed the Board that the High School Football Injury Committee would like to use Cary Ball on Use of Hall. December 1st for a dance. Mr. Potter moved that the use of the hall be granted free of charge. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the Chamber of Commerce wanted to use the conference room in Cary Hall on Sept. 12th for a meeting. Mr. Rowse moved that the use of the room be granted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that it appeared likely that the Town would have a suit on two claims and perhaps three, two on Vine Brook - Kenrick aid Morrow - and he understood that Burnham was going to start a friendly suit. The Federal Suits on Farm Mortgage Corp. has already sued. Mr. Wrightington Vine Brook advised getting some expert opinions and suggested Mr. Project. Dempsey, the director of the agricultural field station in Waltham. Mr. Raymond did not know if Dempsey would charge for his services, but he requested authority to talk with Dempsey to see if he would give opinions and if so, to pay him afee - not to exceed $25. for each case. Mr. Potter moved that Mr. Raymond talk with Mr. Dempsey and request his services and agree to pay him a fee not to exceed $25. for each ease, depending upon the time required. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that the Fed. Farm Mortgage Corp. suit would require a different type of expert, one who is an expert on land damages. Mr. Wrightington suggested Neil McIntosh. Mr. Raymond requested authority to employ him. Mr. Potter moved that Mr. Raymond be given authority to employ Mr. McIntosh and to pay him a fee not to exceed $50. for his study and report. Mr. Sarano seconded the motion and it was so voted. Notices were received of suits brought by Esther R. Barnes Barnes vs. Lexington and Esther R. Barnes et als vs. Lex- suits. ington. The Clerk was instructed to send a copy of the notices to Mr. Raymond. The Chairman said that he had a telephone call rel- ative to the condition of Oakland Ave . and he went down there. Mr. Patrick Flynn was the man who telephoned him and he wanted to know what it would cost to put in an accepted street. Mr. Raymond read a letter from the Town Oakland Engineer stating that in only two instances had the town Avenue. ever considered streets which did not lead off accepted streets. Mr. Raymond did not believe it advisable to start this sort of thing and he said that Fern Street, Moreland Ave. and Swan Lane led up to Oakland Ave. He thought there were six dwellings on Oakland Ave. It would cost approx- imately $300. to do the engineering work necessary for the preparation of estimates and the Board did not feel that it cared to spend this amount of money when it was not known 423 definitely that the abutters would want the work done. Mr. Raymond was requested to talk the matter over with Mr. Flynn and explain the difficulties to him. Mr. Raymond said that the Edison and Telephone com- panies had asked permission to bring in a tree trimming crew to Lexington for the purpose of clearing their lines . Tree Mr. Garrity is willing to have them do this provided Mr. trimming John J. Pollard of the Davey Tree Co. or someone equally as capable be in charge of the work. Mr. Potter moved that permission be granted subject to the acceptance of Mr. Garrity's recommendation. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that Ralph P. Hall, contractor for the pumping equipment at the North Lexington pumping No. Lex. station, had asked approval to employ a sub-contractor for Sewer the electrical work at the station, in the person of Warren H. Bennett of 225 Salem Street, Medford. Metcalf & Eddy recommended that this be approved and Mr. Raymond did also . Mr. Potter moved that the employment of Mr. Bennett be approved. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that the Raymond Street drainage W.P.A. project had been approved by the W.P.A. and would be started Raymond as soon as tickets had been assigned. Street Letter signed by Mr. and Mrs. Louis Leturmy was re- ceived advising that the awards of damages for the North Leturmy Lexington sewer taking dated Nov. 21, 1938 and for the claims - taking dated November 22, 1938 for leasehold interests in No. Lex. the amounts of 776.60 and $54. respectively, were satis- Sewer factory to them. They requested that payment of the claims be made. Mr. Raymond said that the couple had signed the releases and he recommended that they be paid in the amount of the damages. Mr. Potter moved that the payments be approved. Mr. Rowse seconded the motion and it was so voted, Mr. Raymond said that the winter sports project for the playground had been worked up showing a total cost of W.P.A. $34,825. of which 420,713. are Federal funds and 414,112. winter are Town funds. The equipment rental , superintenaent's sports time, etc. are included in this and the actual cost to the project. Town is about $11,000. Mr. Potter moved that the project be signed by the Chairman and submitted. Mr. Sarano seconded the motion and it was so voted. Letter was received from D. F. Ross who lives at the corner of Richard and Robbins Roads, asking if there was any way more rigid restrictions could be put into the Build- ing Laws in order to keep cheap houses out of better-home Complaint sections. Six years ago, he built his own home, and he re Build- pays almost y$300. a year taxes and this summer a third ing Laws. class permit was issued and a buildingstarted directly opposite him. Mr. Ross said he talked with various Town officials who all felt sorry for him but said that nothing 4240.4 tc could be done with the present building regulations. Mr. Potter said that restrictions such as that rested entirely with the developer of the land. Mr. Raymond said that Mr. Ross and the others in the neighborhood were at fault that they did not have restrictions included in their deeds. It was decided to request Mr. Wrightington to look into the matter to see if the Building Laws could be amended so that prices of dwellings in various sections could be regulated. Letter was received from Mr. Stevenson relative to the Board's vote to take no action on the matter of furnish- ing materials to repair his driveway. Mr. Stevenson said Stevenson that water from public streets should not be allowed to complaint . run on private property. He said that a few loads of material would repair the driveway and he would give the town one week in which to do the work. In reply to the Chairman's question, Mr. Raymond said he thought the town was morally responsible but not legally responsible. It was decided to take no action oh the matter and to send Mr. Wrightington a copy of the letter for his files . A bill in the amount of $342.42 was received from Custance Custance Bros . The bill stated it covered the cost Of in= bill. stalling curb at the corner of Watertown Street and the Concord Turnpike. Mr. Potter moved that no action be taken on the bill. Mr. Rowse seconded the motion and it was so voted. Notices were received from Rdith Nourse Rogers and W.P.A. David I. Walsh to the effect that the W.P.A. Project for draining Clematis and Hardy's Pond Brooks had been approved. Commitment of water rates in the amount of $8946.46 Commitments commitment of water liens in the amount of $80.95 and list of water rates abatements in the amount of 0113.70 were signed by the Board. Letter was received from Robert C. Lee stating that he had gone to the Supt. of Public Works ' office and had Insurance. requested that he be given permission to look at the in- surance policies. Mr. Raymond refused such permission stating that he could not show the policies without per- mission from the Selectmen. Mr. Lee requested consideration in the allocation of town insurance. It was decided to place Mr. Lee 's name on the list for consideration when the policies expire and tell him that if he cared to see the list of policies in the Selectmen's office, he was free to do so. Letter was received from Chief Taylor stating that Old Paint an inspection of the old paint shop on Mass. Ave. opposite Shop Oak Street had been made. The report said that the'build- ing was entirely empty without any accumulated rubbish. There were no windows and there are two accesses to the building, either through window spaces or through doors. Chief Taylor said that the building had been a fire menace for segeral years and was still one . gr. Potter moved that 425 the proper steps be taken to have the building demolished as a fire menace. Mr. Sarano seconded the motion and it was so voted. The Chairman said that last Saturday afternoon, Mr. Street told him that they were having trouble with Mr. Salvucci on Contract B, Vine Brook. Mr. Burke, head of the Union, said that no more Lexington men were going to Salvuoci work on that job. In the case of Rounds , the matter was contract - taken up with the State Dept. of Labor. Mr. Giroux had labor Mr. Street ask Burke if he would confer with the Selectmen trouble . tonight on the matter, but Mr. Burke refused to do so. Mr. Rowse moved that the Chairman write the State Dept. of Labor and Industry and report the matter. Mr. Potter seconded the motion and it was so voted. Notice was received from the Secretary of State that Nathan B. Bidwell and other residents of Lexington had Chamber filed an application for a certificate of incorporation of on the Lexington Chamber of Commerce. Mr. Potter moved Commerce that the Board endorse the character of the persons men- tioned in the list. Mr. Sarano seconded the motion and it was so voted. The Town Counsel informed the Board that the contempt petition of Paul Kelley was to come up Wednesday, Sept. 6th. Kelley has been paying on a Board of Health bill since 1932 and at the present time there is a balance of $48. outstanding. The man is having a hard time trying Kelley to pay the bill and Mr. Wrightington arranged with him bill tonight that if he will pay 25. by Sept. 15th, that the balance of the bill will be cancelled. Mr. Potter moved that Mr. Wri htington's recommendation that the case be settled for 625. to be paid by Sept. 15th be approved. Mr. Rowse seconded the motion and it was so voted. Letter was received from Mr. Beach relative to the Federal Music Project. Mr. Beach said there were two Lexington persons on this project, Miss Helen Wihtol and Mr. Gustave Fisher. Both of these people have families Music to support and Mr. Beach thought it best to pay the project. sponsor ' s contribution of $3. per person per month than have them on another W.P.A. project. Mr. Potter moved that the Board approvd payment of $3.00 per month for each of these persons toward their employment on the Fed- eral Music Project. Mr. Sarano seconded the motion and it was so voted. Application for an overhanging sign at the Colonial Garage, 1686 Mass. Ave. , was received. Mr. Potter moved License that the application be approved. Mr. Sarano seconded the motion and it was so voted. Letter was received from the Town Counsel relative to R. L. Ryders ' claim that the Lowell Street water guaranty should have been included in the Ryddr agreement. 426 °' to It said that after the terms of the agreement had been determined, Ryder told him that he had found that there was a large bill for water and Mr. Wrightington told him Ryder that if the water bill had become a lien, then the amount water of it should be included in the agreement. Mr. Wrighting- guaranty. ton found out , however, that the water bill was a water guaranty and he told Ryder that the agreement did not include that. Ryder said that Mr. Wriglitington had agreed that the guaranty was to be cancelled and since it could be cancelled only by agreement with the Selectmen, that it was his duty to urge the Board to abate it. Mr. Potter moved that no action be taken on the matter . Mr. Rowse seconded the motion and it was so voted. It was decided to meet on Monday, Sept . 11th, at Meeting. 7 :30 P.M. to discuss Welfare matters. Messrs. Mitchell and Morse appeared before the Board Welfare, relative to Welfare matters. The meeting adjourned at 11 :13 P.M. A true record, Attest: Clerk.