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HomeMy WebLinkAbout1939-10-30SELECTMEN'S MEETING OCT. 30th, 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. Letter was received from Webster L. Taylor advising that he would pay $100.00 for Lot 9 Lincoln Street, provided he could pay for it in two payments, one to be made immediately and the taxes paid through 1939. Mr. Potter moved that the offer be accepted, payment to be made in full before delivery of the deed and the taxes to be adjusted as of the date of purchase. Mr. Sarano seconded the motion and it was so voted. Letter was received from Charles E. Teeter, Jr. stating that he wished to give further reasons vfiy his September water bill was excessive. He said that the meter was leaking and according to the water now being registered on the new meter, he could not have used the amount charged on the September bill. The Board felt that inasmuch as the leak in the new meter had not appeared in the registration and that it had ' voted previously to grant no abatement, that no further action should be taken. 1 Im Purchase of lots. Teeter water bill. The Chairman stated that the Sealer of Weights and Measures had purchased materials amounting to $47.50 and there are not sufficient funds in the expenses account to pay the Weights & bill. however, there is a balance of $68.80 in the Personal Measures Services account, and the Sealer requested that the amount be account. transferred to the Expenses account. fir. Potter moved that an article be inserted in the warrant for the November 13th town meeting for this transfer and that the Selectmen recommend it. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond appeared before the Board. He said that twice before, Mr. Charles Richards of Grant Street had re- quested a water extension to take care of his house. His Water well is now dry and the Richards claim it is due to the Vine extensions Brook work. Mr. Raymond said that wells are going dry all over town. He said that the estimated cost of an extension to take care of the Richards house was $1800.00. Mr. Raymond said that the residents of Fairview Avenue had requested a water extension as their wells are dry and the are out of water. The estimated cost of this extension is 11300. Mr. Ryder has also requested an extension in Sherburne Road which will cost 600.00, making the total regests $3700. There is about 12200. in the Water Construction Sundry Stteets appropriation, and Mr. Raymond recommended that at least $1500. be provided at the next Town Meeting by trans- fer from the Water Assessment Fund. 476 ' the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made Grant St. an appropriation therefor: Water Mr. Rowse asked if this was feasible work for December and Mr. Raymond said that December was not a bad month for water construction as there would not be much frost in -the ' ground. Mr. Potter moved that the extensions recommended in Grant Street and Fairview Avenue be approved and that an article be inserted in the Warrant for the next Town Meeting for the transfer of 010000.00 from the Water Assessment Fund to the 'Mater Construction Sundry Streets Account. Mr. Sarano seconded the motion and it was so voted. Mr. Rowse wished to be recorded in opposition, saying that he felt that such lengthy extensions should be done only under Town Meeting vote and not out of the Sundry Streets appropriation. Upon motion of Mr. Potter, seconded by Mr. Locke it was voted to adopt the following orders for the construction of the Water main in Grant Street: ORDER OF TAKING By the Town of Lexington of Easement for the Con- struction of a Water Main. Grant Street (From Hayes Lane a distance of approximately 100 feet easterly). VOEREAS, at a meeting duly called and held on March 20, 1939, the town meeting of Lexington pursuant to an article in ' the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made Grant St. an appropriation therefor: Water Order. "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1939 in accordance with author- ity contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $4,000.00 be appropriated, this money to be provided by the transfer of $1,000.00 from the Water Assessment Fund, and the transfer of 3,000.00 from the Water Department Available Surplus Account". AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the author- ity conferred upon them by the foregoing vote and of every , other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement 477 for the purpose of constructing and maintaining a water mAin in Grant Street from Hayes Lane a distance of approximately 1 100 feet easterly as aforesaid, the following easement, namely: The right to enter upon the land shown as Grant Street on a plan entitled, "Plan of Proposed Water Alain in Grant Street, Lexington, Mass., Scale 1 in. - 40 ft., Oct. 30, 1939, Joseph A. Ross, Supt., Water Dept." and owned by Lulu M. Blake and Charles G. and M. Anastacia Richards, and con- struct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated October 30, 1939, to be recorded herewith. The ease- ment covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced withhthe said way as may be reasonably necessary for the pur- pose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each.case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt, Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS VEEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this thirtieth day of October, 1939, ARCHIBALD R. GIROUX SELECTMEN ' WILLIAM G. POTTER GEORGE N. SARANO OF A. EDWARD ROWSE ERROL H. LOCKE LEXINGTON 478 c� C0181011VIEALTH OF MASSACHUSETTS � Middlesex, ss. October 30, 1939 Then personally appeared the above named Archibald R. ' Giroux, William G. Potter, A. Edward Rowse, George W. Aarano , and Errol H. Locke and severaly acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public (Mar. 14, 1945) SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN TRE FOREGOING ORDER. GRANT STREET (From Hayes Lane a distance of approximately 180 feet easterly). Owner as of Jan.. 1st ,1939. Lot Number Assessment Lulu M. Blake 151 0135.00 Charles G. and M. Anastacia Richards 112.50 COMMONWEALTH OF MASSACHUSETTS ' Middlesex, ss. Town of Lexington. WHEREAS, the Town of Lexington at a town meeting duly called and held on March 20, 1939, duly adopted under Article 16 of the Warrant the following vote: "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1939 in accordance with authority contained in the By -Laws of the Town, subject tot he assessment Grant St, of betterments, and to take by eminent domain any necessary Water easements therefor, and for the purpose of said installation Order. the sum of $4,000.00 be appropriated, this money to be provided by the transfer of $1,000.00 from the Water Assessment Fund, and the transfer of $3,000.00 from the Water Department Available Surplus Account". VOTED: By the Selectmen acting as a Board of Water and Sewer Commissioners under the authority of the foregoing vote and of every other power them thereto enabling, that a water main be constructed in Grant,Street from the present end to Hayes Lane, a distance of approximately 400 feet easterly, substantially in accordance with plan of Joseph A. Ross, dated , October 30, 1939, and entitled, "Plan of Proposed Water Main in Grant Street, Lexington, Mass., Scale: 1 in. - 40 ft., Oct. 30, 1939, Joseph A. Ross, Supt., Water Dept." Betterments will be assessed for this improvement in accordance with the Prov-isions of Chapter 80 of the General Laws. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows: That portion of those properties on each side of Grant Street beginning at the present end and extending easterly a distance of approximately 400 feet to Hayes Lane. The said area comprises the several lots shown upon the plan of Joseph A. Ross, Supt., Water Department hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 30th day of October, 1939. ARCHIBALD R. GIROUX BOARD OF WILLIAM G. POTTER SELECTMEN ' GEORGE W. SARANO OF THE A. EDWARD ROWSE TOWN OF ERROL H. LOCKE LEXINGTON Commonwealth of Massachusetts Middlesex, ss. Town of Lexington October 30, 1939 Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, James J. Carroll Notary Public (Mar. 14, 1945) SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER GRANT STREET (From the present end to Hayes Lane a distance of approximately 400 feet easterly). Owner as of Janua.M lst, 1939 Lot Number Assessment Joseph Grace 13, 14, 150 162 17 W6293.97 Lulu M. Blake "A" 189.00 �Mob Fairview Ave . Water Order. Upon motion of Mr. Potter, seconded was voted to adopt the following order fo of a water main in Fairview Avenues ORDER OF TAKING by Mr. Locke, it r the construction , By the Town of Lexington of Easement for the Construction of a water main. FAIRVIE17 AVENUE (From 'good Street a distance of approximately 410 feet southwesterly). WHEREAS, at a meeting duly called and held on March 20, 1939, the town meeting of Lexington, pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor; "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1939 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $4,000.00 be appropriated, this money to be provided by the transfer of $1,000. from the Water Assessment Fund, and the transfer of 3,000.00 from the Water Department Available Surplus Account, AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maihtaining a water main in Fairview Avenue, from Wood Street a distance of approximately 410 feet southwesterly as aforesaid, the following easement, namely: The right to enter upon the land shown as Fairview Avenue on a plan entitled "Plan of Proposed Water Main in Fairview Avenue, Lexington, Mass., Scale: 1 in. - 40 ft., Oct. 2510 1939, Joseph A. Ross, Supt., Water Dept." and owned by Lulu M. Blake, Malcolm T. and Evelyn A. Jewett, James W. and Julia A. Denney and William H. S. Denney, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated Oct. 25, 1939, to be recorded herewith. The easement covered by this I taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, oper- ating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the slid Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS s'=EOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this 30th day of October, 1939. ARCHIBALD R. GIROUX WILLIAM G. POTTER SELECTMEN ERROL H. LOCKE OF A. EDWARD ROWSE, LEXINGTON GEORGE W. SARANO COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Then personally appeared the above named, Archibald R. Giroux, William G. Potter, Errol H. Locke, A. Edward Rowse and George W. Sarano, and severally acknowledged the fore- going instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public (Mar. 14, 1945) 482 c SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOI17G ORDER ' FAIRVIEW AVENUE (From Wood Street a distance of approximately 410 feet southwesterly). Owner as of Jan. 1st. 1939. Assessment Lulu M. Blake $63.00 Malcolm T. and Evelyn A. Jewett 153.00 James W. and Julia A. Denney 153.00 William H. S. Denney 63.00 Mr. Raymond said that he had taken up the matter of a street light on Muzzey Street Extension, and the Boston Street Edison Co. advised him that it would be necessary for someone Light, to pay for the cost of installing three poles at a cost of $74.13. If the work is to be done, they must have cards signed by someone authorized by the Board to sign them. It would cost about $18.00 per year for the maintenance of the light. It would not be necessary to pay for the poles if ser- vice was to be rendered to an individual, but this is requested merely for the benefit of the members of the Christian Science Church. Mr. Raymond was requested to take up the matter with ' Mrs. Blanche Taylor, who made the request for the church, or another representative, and tell the individual that the Town would be willing to pay the $18, per year maintenance charge but that the cost of the installation of the poles would have to -be borne by the church. Poles on Mr. Raymond informed the Board that the Edison Company Hancock had advised him that there are two lamp poles, one on and Hancock Street and one on Waltham Street, that are defective Waltham and the company recommends that they be replaced with concrete Streets. poles at a cost of $44.83 each. There is enough money in the street lighting appropriation to pay for this and Mr. Raymond recommended that the work be done. Mr. Potter moved that the recommendation be approved. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that the P.'rd.A. Resident Engineer Inspector, Mr. Chisholm, told him he wanted the Board to de- cide whether or not it was going to assess liquidated damages against Mr. Rounds and if so, hove much. The Chairman read the following letter from Metcalf & Eddy: 1 " October 30, 1939 Board of Selectmen Lexington Massachusetts Subject: Rounds Contract Liquidated Damages Gentlemen: The following information is given you for your con- sideration in connection with the question of liquidated damages and extensions of time on the Rounds contract for construction of the North Lexington sewage pumping station. The original date for completion of the contract was July 24, 1939. The present extended date for completion of contract is August 8, 1939. Mr. Rounds' work was substantially completed on October 9 when the slate roof was practically completed, the remaining items being minor, such as floor finish, grading, fencing and cleaning up, none of which could be done to advantage until certain work being done by Mr. Hall was completed. If October 9 were taken as the date of completion and if liquidated damages were assessed at the rate of $25. per day as stated in the contract, then the total amount of said damages would be $1550. Rounds We have estimated the cost to the Town of field contract. engineering on this contract from August 8 to November 7, the probable date of completion of all work on the station, as about $1300. This actual cost to the Town may be con- sidered as being caused by Mr. Rounds rather than by Mr. Hall because had the Rounds contract progressed as called for in his contract, then Mr. Hall could have completed his work probably by the first of September. In computing the above cost of field engineering, we have included in- spection only for September, October and.November, on the grounds that the inspection during the last three weeks of August would have been required for the Hall contract. We recommend an extension of time to Mr. Rounds from October 9 to about November 7, due to Mr. Hall's operations. Mr. Rounds experienced an unexpected delay in finding the particular type and grade of wood specified for the cupola, and, while he has not as yet requested an extension of time on this account, we anticipate that he will do so and we believe that an extension of time on this account of ten (10) days is reasonable, because this difficulty caused the final delay in completion of the cupola and roofing. If further extensions of time should be granted to Mr. ' Rounds of twenty-nine (29) days on account of Mr. Hall's work and ten (10) days on account of delay in securing suitable wood for the cupola, then the extended date 484 of completion would be September 16 and the liquidated damages at $25.00 per day would be $1300. Very truly yours, METCALF & EDDY HPE, Jr./MM By - Harrison P. Eddy, Jr. n The Chairman said that if Rounds had completed the work within the time limit, we would have saved $1300.00. Mr. Sarano said that he had watched the job rather carefully and he felt that Rounds had had a bad break. The borings Indicated'- sand and gravel but the material was found to be clay. There is a great deal of suction and the man had a very haed time. Mr. Sarano thought that the Board ought to be as lenient as possible with him. The Chairman read a letter from Mr. Rounds dated Oct. 30th giving various reasons why he was delayed in the work. He used non-union laborers from March 27th, to July 22nd, practically all the men being from Lexington. He said that although their employment was of help to the Welfare Dept., it slowed up the work and compelled him to spend four months doing work which might have been accomplished in half the time. He said that because the material to be excavated was clay, it was difficult and he had to employ a method of procedure entirely different from that intended when the work was started. Mr. Rounds said he believed the Town of Lexington should not assess him liquidated damages be- cause he saved the Town $4,000. by bidding the work at the price he did; he encountered excavation which was a great deal more difficult than what was anticipated; and he em- ployed a maximum number of Lexington help all the way through the job. The Chairman asked Mr. Raymond if there was anything in Rounds} letter that he thought should change the Board's decision to collect the liquidated damages and Mr. Raymond said he thought Mr. Eddy would say there was not. It was decided to hold the matter over for one week. Mr. Raymond discussed the claim of Thomas Cavanaugh for damages to his property as a result of the Vine Brook Cavanaugh work. He acid that considerable of his land was in grass claim. before the work started and after the work was completed, it was in ragweed. It never was restored to its original condition. Under the terms of the contract if the town had wanted the contractor to put it into grass, it would cost $.25 per square yard and would amount to several hundred dollars. Mr. Raymond approached Cavanaugh and asked him if he would rather bhve a certain amount of money and put it back into the same condition himself, and he finally stated that he would take the money. The amount was $200. and Mr. Raymond recommended that this be paid in addition to Cavanaugh's awards in the orders of taking which amounted to 060.50. He recommended this settlement provided Mr. Wrightington approved. Mr. Potter moved that Cavanaugh be paid the sum of 0260.50 in settlement of his claims, subject to the approval of the Town Counsel. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said he felt that the land of Luigina Coscia had been improved by the construction of the Vine Brook channel but that she had a just claim for trees and one grapevine destroyed. He felt that a fair settlement would be 010. for each of the three trees and 05.00 for the §rapevine. Mr. Potter moved that the claim be settled for 935.00 subject to Mrs. Coscia submitting a release. Mr. Rowse seconded the motion and it was so voted. Letter was received from Arthur J. Rocque claiming damage to his house in the amount of 088.56 as a result of blasting during the construction of the Vine Brook channel. Mr. Raymond said he felt that this claim was against the contractor and that the matter should be referred to Mr. Wrightington. Mr. Rowse moved that the matter be referred to Mr. Wrightington. Mr.Potter seconded the motion and it was so voted. Leary claim Coscia claim. Rocque claim. Mr. Raymond said that he had been trying to get William Leary to state how much his damages were as a res- ult of the contractor's operations in constructing the North Lexington sewer. Against his better judgment, he made a second call on Leary feeling that the matter should be straightened out because he felt the damages might be charged to the contractor. Leary finally agreed to have his attorneycall and state his case. Mr. R. L. Ryder .called on Mr. Raymond, and Mr. Raymond told him that he did not Wish to hear Ryder's oral view on the subject and Ryder made a claim in writing for the North Lexington Sewer only. We awarded Leary damages of 085.70 for the permanent taking and 060.00 for the temporary taking. Leary claims that the Town installed the trunk line sewer and three manholes above the level of the ground and feels that he should have 0350. As a matter of fact, only two manholes were installed and only one protrudes above the gm und. He wants 0400. for the temporary taking. It would appear that Leary's claims total 0750.00 although there is an additional phrase saying something about his canting 02.00 a day for the loss of use of his land, etc. Mr. Raymond said he did not know whether Mr. Wrigtitington would approve settling the claim without settling this last phrase. Mr. Raymond said that he felt that the claim was large but it might be all right to use the figure of 0750.00 to start as a basis of com- promise. He suggested that all the information be submitted to Mr. Wrightington for his opinion. Mr. Rowse moved that the Leary claim be submitted to Mr. Wrightington for study and recommendation. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said he felt that the land of Luigina Coscia had been improved by the construction of the Vine Brook channel but that she had a just claim for trees and one grapevine destroyed. He felt that a fair settlement would be 010. for each of the three trees and 05.00 for the §rapevine. Mr. Potter moved that the claim be settled for 935.00 subject to Mrs. Coscia submitting a release. Mr. Rowse seconded the motion and it was so voted. Letter was received from Arthur J. Rocque claiming damage to his house in the amount of 088.56 as a result of blasting during the construction of the Vine Brook channel. Mr. Raymond said he felt that this claim was against the contractor and that the matter should be referred to Mr. Wrightington. Mr. Rowse moved that the matter be referred to Mr. Wrightington. Mr.Potter seconded the motion and it was so voted. Leary claim Coscia claim. Rocque claim. 486 Wei Mr. Raymond said that Mr. Ellsworth Poole of Newton ' who served on the Plumbing By-law committee, appeared at Bill for the July Town Meeting at the request of the Selectmen and services - explained the proposed pluu3ibing by-law. Mr. Poole felt Poole. that he should be compensated for his services on that evening and presented a bill for 05.00. Mr. Sarano moved that Mr. Poole be paid the $5.00 alid that the expense be charged to the Plumbing Department Expenses appropriation. Mr. Rowse seconded the motion and it was so voted. Equipment Mr. Ra:,mond reported that some hose and a long -handled for spoon was needed for the odorless cart and this equipment odorless will cost around $75.00. Mr. Potter moved that the necessary cart. equipment be purchased and charged to the Health Department Expenses appropriation. 1�1r. Sarano seconded the motion and it was so voted. Lights on Mr. Raymond recommended that the street lights be all night. kept on all night on Hallowe'en. This will cost $15.00 extra. Mr. Sarano moved that Mr. Raymond's recommendation be approved. Mr. Rowse seconded the motion and it was so voted. Letter was received from Metcalf & Eddy recommending Change the issuance of a change order authorizing as extra work order the placing of a one half inch layer of "Colprovia" road surfacing over Grant Street in front of Paul Bowser's. Mr. Raymond recommended that the order be signed saying that the work had been completed. Mr. Locke moved that the Board sign the change order. Mr. Rowse seconded the motion and it was so voted. The Chairman said that the trench where the North Lexington sewer pipe was laid in North Hancock Street had No. Lex, caved in over the week -end. He thought that the whole line Sewer of the trench should be checked to see if there were going to be any other cave-ins. He asked Mr. Raymond if the Town was going to get into any trouble if the contractor had completed the work and the trench was not satisfactory, Mr. Raymond said that the Town had a maintenance bond that ran for one year. He thought that there would be some more places that would sink in but not as bad as this one. DeCristafaro is going to replace this cave-in right away and the Town will send him a bill for the work which the Highway Department did Saturday. Letter was received from Waiter L. Pingree owning property at 11-13 Pleasant Street, stating that for some Cesspool► time the cesspool on the property had been giving trouble. Pingree He has had it pumped out three times recently, but it is property. still running over. Mr. Pingree was advised that the only solution to the problem was to build a cesspool on the triangular piece of ground at the junction of Fern and Pleasant Streets. The cost of this work is estimated at $150.00 and Pyr. Pingree requested the Town to assume some part of the cost of the work. His reason for making this request was that the cesspool gave no trouble before the town cut back the road. Mr. Raymond said he did not see how the situation could be remedied unless a sewer were built in Pleasant Street from Mass. Avenue. He had a schedule of estimated betterment assessments and the estimate for the Pingree property is w103.00. He was doubtful if Mr. Pingree could get a satisfactory cesspool in the triat�xgle. One lot of land at the corner of Pollen Road belongs to the Town and the assessment on that would amount to X213. It was decided to tell Mr. Pingree that a sewer was the only solution to his problem and suggest that a petition be prepared and submitted to the property owners for signatures. Letter was received from T. H. Bashian of 2778 Mass. Avenue stating that a W.P.A. crew placed piles of logs in his Bashian hay field without permission. Bashian said that he ran his claim. mowing machine into one of the piles which could not be seen because of the tall grass and caused damage in the amount of $8.65. He requested that the Town reimburse him in that amount. Mr. Raymond said that Bashian signed a release before the W.P.A. men were allowed to go into his property and legally, he did not believe th ,liable. He said that the foremen were diredtetg//too phac'e the wood where it would be handy to haul away. Bashian was ill and either overlooked the matter or forgot that the wood was there and that is why the accident happened. Mr. Raymond said that there was no question but that there were damages and in- convenience. Mr. Sarano said that Mr. Bashian had talked to him about the matter and told him that he did not know that the wood was there. Mr. Potter moved that the claim be paid and charged to the Labor and Materials account, subject to Mr. Bashian giving a release. Mr. Locke seconded the motion and it was so voted. Letter was received from the State Dept. of Public Middlesex Works stating that as far as is known at present, the en- Turnpike. tire cost of takings in connection with the proposed work on the Middlesex Turnpike in Lexington will be paid by the State. Letter was received from E. Elizabeth Holton of Wood Street advising of the expiration of fire insurance policy in the amount of $30,000. on Dec. 5th, 1939. Mrs. Holton Insurance requested permission to renew the policy. It was decided to hold the matter over for one week. Lettdr was received from the Town Counsel relative to the DiMareo and Ciccone damage claims. Mr. Wrightington said that according to the contract, the Town could with- hold sums sufficient to protect itself from any loss by 48 rte, C P.W.A. reason of claims. He said that he talked with the Boston Claims. representative of the Bonding Company relative to the Barnes claim, and requested him to get authority from his home office to sit down with the attorney for Barnes and himself in an endeavor to arrive at a settlement. The Chairman suggested that sufficient money be held back to cover the claims until they are settled. Mr. Raymond said that they were holding back considerable money at the present time. Mr. Rowse moved that acting under the advice of the Town Counsel as recommended in his letter of October 25th, Mr. Raymond and Mr. Russell be authorized to hold back sufficient funds from DiMarco and Ciccone to cover claims presented pending the settlement of these claims. Mr. Sarano seconded the motion and it was so voted. School Covenant not to Sue was received from the Liberty Mutual Fence - Ins. Co. in connection with the School Dept. claim for claim. damage to the fence at the Hancock School. Mr. Rowse moved that the covenant be signed. Mr. Sarano seconded the motion and it was so voted. Notices were received from the Town Clerk advising of suits entered against the Town by Paul Bowser, A. H. Burnham Claims. and the Colonial Garage. Mr. Rowse moved that these be re- ferred to the Town Counsel, Mr. Locke seconded the motion and it was so voted. Letters were received from thirteen persons living in Casey the vicinity of Laconia Street objecting to the granting of pig a license to keep pigs to Edward Casey at 76 Laconia Street. permit. Mr. Rowse moved that the application be denied. Mr. Locke sedonded the motion and it was so voted. The Chairman said that last Friday, William J. Marshall came to his house and told him that he had no food in the house, so -he authorized Mr. Morse to supply a 04.00 food Marshall order. Mr. Raymond said that Marshall worked eight hours case. per day under the V.P.A. on the Topo Survey. Because the W.P.A. day is only six hours, Marshall is continually ahead of his time. If there is rainy weather, then the overage is used up, but if not, of course he is short. The Chairman said that what Marshall would like is a 05.00 food order each week in addition to his W.P.A. earnings and the man is willing to work this out with the extra two hours each day and Saturday morning. Mr. Potter moved that Marshall be given $4.00 per creek for one month, he to give service under the direction of Mr. Raymond. Mr. Sarano seconded the motion and it was so voted. Mr. Russell and Mr. Morse appeared before the Board. The Chairman said that Mr. Russell had suggested that perhaps the Appropriation Committee would be willing to transfer the $1500. needed for Snow Removal from the Reserve Fund and then Snow it would not be necessary to transfer this amount from E.& D. Removal ' Mr. Rowse moved that the Appropriation Committee be requested Account. to set aside $1500. from the Reserve Fund for the Snow Removal account, this amount to be transferred vLen, as and if needed. Mr. Potter seconded the motion and it was so voted. Mr. Rowse moved that the Appropriation Committee be requested to transfer 05,000. from the Reserve Fund to Pub- Public li'c Welfare Expenses because of the apparent immediate need Welfare for funds. Mr. Potter seconded the motion and it was so Account. voted. The Chairman asked Mr. Russell if there would be sufficient funds in Public Welfare, Personal Services, to pay the salaries of two additional workers if they were hired by December lst, and Mr. Russell said that there would be ample money. They retired. At 9:00 P.M. the Building Inspector and thirteen real estate agents of Lexington appeared before the Board. The Chairman said that the Selectmen had asked them Real here to see if they had any suggestions to make with ref- Estate erence to a problem that is bothering everybody interested Signs. in the Town. He said it had to do with real estate signs. He said that the Selectmen had no authority to do anything under the law to change the situation, but it was felt that there were altogether too many real estate signs now up in town and anything that is done will have to be done by some mutual agreement among the agents. Mr. Giroux said that many people felt that the fact that there are so many signs around the town is damaging to real estate. He said that several years ago there was an agreement between the real estate agents and the Planning Board which limited the number of signs. Mr. Schofield said that at that time, a prospectiv e customer asked him why there were so many "For Sale' signs in Lexington, and he could not give him a satisfactory answer. Mr. Franklin W. Coleman said that the agreement was that there would not be more than one sign on a piece of property for sale. Mr. Coleman said that most brokers felt that signs were their life -stream as they attracted customers. He felt there was no question but that there were too many signs in Lexington. If signs could be prohibited, a person wanting to buy some property would have to come to the broker's office and in his mind, the broker would benefit by this. On the other hand, on vacant land and new houses for sale, signs would have to be put up. The Chairman asked if any other communities around had tried to do without signs, and Mr. William H. Ballard said it had been tried in Orange, N. J. but he did not know if the plan was still in effect. Mr. W. S. Caouette said he doubted if the Town could ' restrict an owner from erecting a "For Sale" sign or from authorizing an agent to put up a sign. Caouette also thought that the mortgagees' feelings should be considered. He believed one sign to a property was a good idea. 490 C The Chairman asked if the situation might not be handled by having one advertisement in the Sunday papers, for instance, listing the brokers and the properties for sale. Mr. Coleman , said that signs were a permanent thing and that advertising that way would cost a great deal more. Mr. Reynolds said that his contract with the H.O.L.C. called for one sign on each piece of property taken over. Mr. George Foster said that the idea of one sign to a property was apparently satisfactory for a number of years. Mr. Neil McIntosh said the real problem was the large number of houses for sale in town, but also felt that there were too many signs. He said he did not do much brokerage work and that most of his signs were on his own property. Mr. Ballard said he was engaged in commercial real estate and did very little business in Lexington. He thought it might be a good idea to get the real estate agents to- gether some time to see if they could not arrive at some solution and help the Selectmen with the problem. He said he would be glad to help if possible. He said he was a member of the Boston Real Estate Exchange and submitted its "Codb of Ethics". The group retired to the Engineering Dept. office to consider the matter further. The Chairman said that Mr. Willard C. Hill was present at the Appropriation Committee meeting last Thursday night. Mr. Hill said that a couple of years ago he told the Approp- riation Committee that the Town was under -insured by about 10%. The Committee did not do anything about it as they felt Insurance. that values would go down. They were rightand they did go down, but now Mr. Hill feels that the Town is under -insured and should have an appraisal. This would cost about $200.00. No action was taken on the matter. The Chairman said that the Appropriation Committee suggested that the Selectmen give Mr. Willard C. Hill authority to look over the list of companies holding Town of Lexington insurance merely to check on their financial responsibility. Mr. Rowse moved that Mr. Hill be requested to report on the financial status of the insurance companies carrying the town's insurance. Mr. Locke seconded the motion and it was so voted. The Chairman stated that Frank Ready complained to him that the State had put up a sign in front of his store that was quite a way in on the sidewalk. Mr. Raymond said that Complaint this was a route marker. Some time ago, there was a piece re sign. in the paper stating that too many people had to search for signs to Woburn and Winchester. This matter was brought to the attention of the State Dept. of Public Works and they proceeded to erect the sign. This particular sign could not be put out to the curb line as trucks would knock it down. The Clerk was instructed to explain the matter to Mr. Ready. �,w r ' The Chairman stated that Mrs. Iiallie C. Blake owned land in the rear of Ready's store and that perhaps she would Parking be willing to allow the use of that land for parking. He asked Mr. Raymond to look into the matter to see if the idea was feasible. The Board signed the following commitments: Commitment of dater Rates Charges $6901.63 Commitment: Commitment of Water House Connections 23.91 Commitment of Sewer House Connections 35.64 List of Water Liens 103.05 The meeting adjoiwned at 11:40 P.M. A true record, Attest: 1 Clerk.