Loading...
HomeMy WebLinkAbout1939-11-20SELECTMENIS MEETING ' NOV. 20th, 1939 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington. Chairman Giroux, Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. At 7x30 P.M. hearing was declared open on the petition of the Boston Edison Co. for permission to set three poles and remove five poles on Lowell St., southerly from the Lexington -Burlington line, and also to remove a guy wire and anchor from each of the two poles to be removed from the east side of the street. Mr. John J. Burtch of Lowell Street appeared, and after consulting the plan, said that he had no objection to the locations. Mr. Rowse moved that the petition be approved. Mr. Locke seconded the motion and it was so voted. At 7135 P.M. hearing was declared open on the petition of the Boston Edison Co. for permission to set three poles on Lowell Street and install guy wire and anchor to the second pole from the Town line on Lowell Street, southerly from the Lexington -Burlington line. No persons appeared in opposition. Mr. Rowse moved that the permit be granted. Mr. Locke seconded the motion and it was so voted. - At 7;45 P.M. Mr, J. Bornstein and Mr. Max Sulkin appeared before the Board. Mr. Bornstein stated that Hyman Weiss, who holds a junk collector's license, had a driver on his truck and he did not believe that was fair to the other junk collectors. Bornstein said that Weiss was working every day and making good money and had a man from Arlington, whose reputation was none too good, to drive the truck. The driver, Arthur Donohue, is going around boasting that the Chief of Police could not remove him from the truck. Mr. Sulkin said that in other towns, a junk collector could not have someone help drive his truck and collect junk on his license. He wondered how it could be done here. The Chairman stated that the Statute had been looked up and there was nothing in the law to prevent authorizing a junk collector to have a driver on his truck. However, he told the two men that the matter would be referred to the Town Counsel for his opinion. They retired. Letter was received from Mr. Raymond relative to the magazine for explosives at the Public Works Building. He said that after considering the cost and difficulties of complying with the State Laws relative to the storage of explosives there, they had decided to dispense with the ' magazine altogether since they can obtain satisfactory service from the dealers to supply them as required. Pole Location hearing. Complaint re Junk Collector. Explosives 510 Copy of a letter to the Chief of Police from the Cham- ber of Commerce was received. This letter commended the Parking. Police Department on its enforcement of the one-hour parking ' regulation through the center. A committee from that or- ganization has been appointed to study traffic and parking in the Town. Letter was received from Mr. Willard C. Hill stating that since 1910 he had worked on the town insurance schedule and had negotiated with the Rating Association on matters of rates and forms. The present rules of the Association Insurance. require a "Broker of Record" letter in order to authorize him to act -as the direct representative of the Town. He requested -the Chairman to sign an application to authorize him to act as the town's representative. Mr. -Rowse moved that the Chairman be authorized to sign the application. Mr. Potter seconded the motion and it was so voted. San. Application for the admission of Mrs. Augustus J. applicatian.Silva of 643 Waltham Street to the Middlesex County San- atorium was signed by the Board. At 8100 P.M. joint hearing before the Board of Select- men and the Board of Appeals upon the application of M. J. Aruda of 329 Mass. Avenue for permission to increase the capacity of underground tanks for the storage of fuel oil from 51,000 to 300000 gallons, was declared open. ' Messrs. Glynn and Ferguson and. Associate Members Bowker and Locke' of the Board of Appeals were present. The notice of the hearing before the Board of Appeals was read by Clerk Pro -tem Bowker and the notice of the h ear ing be- fore the Board of Selectmen was read by Chairman Giroux. About fourteen owners of property in the neighborhood were present at the hearing and the Building Inspector was also present. Mr. Aruda, the petitioner, was not present so there were no persons present in favor of granting the petition. Mr. J. J. Milfin said that he was an attorney and Aruda represented Mr. Howard S. Clow who owns the property at hearing. 373 Mass. Avenue. Mr. Clow requested Mr. Milfin to voice his objection because he thought the value of his property would be depreciated. Mr. Milfin said that the tax rate in Lexington had increased $3.00 since 1936 while property values had decreased. Milfin said the people in the neigh- borhood have a problem now on account of the number of gasoline stations and they will have an increased problem on account of a fuel oil station. He thouE�it an increase in capacity to 30,000 gallons would effect a change in the insurance rates. He requested that the petition be denied. Mr. Thomas P. Killion said be awned some land across the street from Aruda's station and he felt the granting of this petition would tend to depreciate the value of his lasts. He thought it was foolish to even consider putting I in tanks of such a large capacity right on Mass. Avenue. 511 ' Mr. Theodore Sheffres of 14 Zisbeth Street said he objected to the granting of the petition because he felt it would tend to increase the insurance rates and decrease the value of his property. Mr. Herbert Waddleton of 48 Brandon Street said he thought there were plenty of gas and oil stations there now. There is a vacant lot in front of the East Lexington rail- road station and if this is granted, he saw no reason why someone else would not want to put in fuel oil tanks there. He said he expected to build in the rear of his present lot some day and felt that the value of that lot would be depreciated if this petition was granted. Mr. George F. Mellick of 282 Mass. Ave. felt that this would depreciate the value of his property. He also thought that fuel trucks would be coming in there loading with oil all hours of the night and would create a traffic hazard. The Building Inspector said that Aruda now only had a small tank which would contain about 250 gallons. ' Mr. Aruda then appeared at the hearing. He said that if he was allowed to put the tanks in, there would be no trucks loading after six P.M. He said that the tanks would be in the rear, the rack would be of cement and he did not believe the business would hurt anyone. Mr. Glynn asked Why' he .felt -he would need tanks of 30,000 gallon capacity and Mr..Aruda said he would be satisfied with 20,000, but he thought that when the market was low, he might like to get an additional 10,000 gallons. He said that he probably would get 2,000 to 5,000 gallon truck loads at a time and it was not his present plan to take from tank cars. He assured the Board that there would be no trucking there after six P.M. He presented plans showing the proposed location of the tanks. Mr. Glynn said that the application requested permission to increase from 5,000 to 300,000 gallons. He asked if this meant an increase of 5,000 to 30,000 or 35,000 gallons and Mr. Aruda said that it meant an increase from 5,000 to 35,000 gallons. Mr. mile J. Vadeboncoeur of 35 Brandon Street asked if there was a limit to the capacity of underground tanks in the neighborhood and Mr. Glynn said that there was not as far as he knew. Mr. Vadeboncoeur said that he moved here because he thought it would be a good town to live in, but he was beginning to change his mind. He said that he was against having any increase in oil or gasoline business in that section. He said there was bound to be an increase in 'trucking. Fottler Avenue is a narrow street and it would be the only means of entrance. He said that regardless of the promises not to truck after six P.M. he was very sure that occasions would arise when trucks would be coming in after that hour. He did not believe that the granting of the permit would be an asset to the section. ' Mr. Aruda said that there would be no trucking in Fottler Avenue as the trucks would enter and leave on his own property. 512 Mrs. Vadeboncoeur said that recently they had renovated their house which added to the value of their property and she thought this would depreciate its value and be a detriment ' to the neighborhood. Mr. Milfin questioned that the petition was in order as it called for an increase in capacity of gasoline tanks and not fuel oil tanks. He said the premises were not in good condition now and probably would not be if this was granted. Mr. Killion said that no one was going to benefit by this but Mr. Aruda. Miss Helen Burke of 314 Mass. Avenue said she lived on the opposite side of the street. She thought the noise of the trucks wou;d be bothersome and if stations were increased all the time, it would merely be a slum section. She said it was not a slum section when she came there but every year it has gone down a little more. Everybody on her side of the street keeps his property in good condition, but the people on the other side of the street do not. A.Mr. James Scanlon appeared and said that he was the owner of the property. He said that Aruda has been in the oil business for a number of years and it was quite -necessary for him to matte a living there from the oil business. He said that Aruda had always run a clean, respectable place and it is getting to a point where a man who sells gasoline only cannot make a living. He said Aruda asked hi's advice and he said he would be glad to assist him. Mr. Scanlon said he was in the oil business himself. He said it was ' planned to sink the tanks underground and load the trucks from the tanks. A 2 inch pipe would rise from the ground and there would be a small platform. Mr. Scanlon said they would be defeating their own interests if they had anything unbecoming in that location. He said that there are always trucks and cars coming into a gasoline station. He said that if Aruda loaded his trucks twice a day and got rid of the contents and loaded a couple of other dealers► trucks, he would be very fortunate. He said that Mr. Aruda was honest and had conducted his business in a fairly clean manner and he felt that the petition should be granted. As far as danger was concerned, he could not see it, as people are allowed to store oil within six inches of their kitchen fires and people are allowed to store oil in tanks in their cellars. Mr. Milfin asked what Mr. Scanlon's interest in this petition was and he said that he was a_business associate of Mr. Aruda's. Mr. Milfin then said that Mr. Scanlon would benefit from the business as well as Aruda. Mr. Harold W. Schiorring of 280 Mass. Avenue said that he was sure that after this was granted they would have trouble with it. He said there was a fuel oil station right beside Aruda's station and all the neighbors could get their oil there if they wished to. He said there had been a lot of trucking and fussing at Aruda's yard day and night. ' The other man is loading his trucks at_night and Aruda might do the same. 513 Mrs. Vadeboncoeur said she wished to disagree with 1 Mr. Scanlon's statement and said that Mr. Aruda's property was very untidy. She also said that there was a great deal of noise from the station. Mr. Rowse asked Mr. Scanlon what the necessity for 30,000 gallons was and he replied that he did not believe they would really need that much but thought possibly if the Board would not allow 30,000 it mightallow 20,000. Mr. Waddleton said that he thought trucks loading and going into the station before six o'clock would be a hazard to the youngsters. He said there was not much money in the oil business and one man is making a weekts pay right there so he did not think the business should be -divided. Mr. Sheffres asked if Mr. Aruda was living in Lexington and paying poll and real estate taxes in Lexington. The following persons wished to be recorded in oppositions Mrs. Mellick; Mrs. Dunn of 282 Mass. Ave.; Mrs. Schiorring; Miss Emily Burke and Mrs. S heffres. The hearing was declared closed at 8:52 P.M. Mr. John W. Raymond, Jr., William C. Paxton, Jr. and Mr. Charles M. Willis appeared before the Board. Mr. Ray- mond said that two weeks ago, the Board received a letter from Miss Brown of Stetson Street asking permission to install two ramps at her house on Stetson Street, one at the Brown - drive and the other at the stone steps. He recommended that ramps. the permit be granted subject to an agreement that the ramps would-be removed upon 60 day's notice from the Board of Selectmen and the ramps be built subject to the approval of the Highway Department. The matter was held over for two weeks. Last week the. Board voted to have Mr. Raymond con- sult with Mr. Willis, the architect, and said whatever design they arrived at would be satisfactory to the Board. He delayed action on that as he could not understand why that vote had been made in view of the recommendation he made the previous week. Mr. Willis called at his office on Tuesday and wanted to know what had been done. The Chairman asked what the difference of opinion was. Mr. Raymond said that he 3uade the suggestion that they not disturb the present sidewalk unless they brought it down to grade. In the meantime, blasting had been done for the driveway and excavating for the stone steps. The steps will not conform to a lowered sidewalk and he did not be- lieve there was any way of adjusting them without removing them and putting them further back from the stteet line. The reason he suggested that the ramps be removed upon sixty days' notice was that he thought there was a possibility that someone might object after they were built. The Chairman said that people on that street told him that they drove down on the right side of the street. He asked if cars would be likely to hit these ramps and Mr. Raymond said he did not believe so. liar. Willis said he would like to try out these ramps. He thought they were not good, but were the only solution to the problem. Mr. Raymond said that Mr. Willis had pointed out that Miss Brown did not 514 C drive a car in the winter. Mr. Rowse asked Mr. Willis if it would be a serious matter to lower the sidewalk as was originally suggested. Mr. Willis said it would mean re- ' grading the bank and the steps were fairly expensive and as Miss Brown had already gone ahead and put a great deal of money into the house, it would be doubly hard for her to go to the expense of lowering the sidewalk and rebuild- ing the steps. He thought Mr. Raymond's suggestion of the ramp in front of the steps was very feasible and he said it was agreeable to Miss Brown. Mr. Willis said he wished the sidewalk could be levelled as far as possible. Mr. Raymond said that anything that was done would steepen the sidewalk more than it was now. Mr. Willis said the idea of lovuering the sidewalk originally came from Miss Brown, but she changed because she thought the town wished her to. He retired at 9:15 P.M. Mr. Potter moved that the permit for the construction of the ramps be granted subject to Mr. Raymondls conditions as stated two weeks ago. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond presented a map which Mr. Paxton had prepared showing the sidewalks that would be plowed with the present tractor as a minimum. The Chairman said that Sidewalk the streets marked in red would be plowed on both sides plowing. and those marked in blue were to be plowed on one side only. Paxton said that there were 33 miles of streets and ' they planned to plow only about 14 miles of sidewalks. Mr. Raymond alsopresenteda maximum plan showing twenty-one. miles of streets to be plowed. Mr. Sarano moved that the program as submitted by Mr. Paxton and Mr. Raymond for a minimum plowing of side- walks be approved and that the list of streets to be plowed be published in the local paper. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said he talked with R. L. Ryder about William J. Leary+s claims and asked if Ryder would submit another offer. Mr. Ryder said he would not as he thought it was up to the Town to make a counter offer and requested Leary Mr. Raymond to take the matter up with the Board again. suits. They requ6sted $350. for the permanent easement and not less than 1400.00 for the temporary easement. In the orders of taking, $85.70 was allowed for the permanent taking and $60. for the temporary taking. Mr. Ryder pointed out that Leary was unable to use the land since the contractor went in there and was put to a great deal of trouble because he had to hire out his cows. The Board wondered if the question of the alleged dumping of sewage from Vine Brook onto this property should not be considered in conjunction with any proposed settlement. Mr. Rowse moved that Mr. Raymond give all of the information on the matter to Mr. W'rightington and ' that his opinion be requested. Mr. Locke seconded the motion and it was so voted. Air. Raymond said that two weeks ago, the Board voted ' to place the additional $12,000, in insurance under blanket schedule through Mr. Hill. He read a letter from Mr. Hill dated November 9th suggesting that this additional in- .surance be given to Mr. William H. Ballard because he suffered the greatest loss under the new form. Mr. Rowse m owed that the vote of Nov. 6th be rescinded and that the $12,OW Increase in insurance be given to Mr. William H. Ballard. Mr. Sarano seconded the motion and it was so voted. u �I 515 Insurance. .Mr. Raymond reported that there was an insurance policy of $30,000, expiring on Dec. 5th through the office Insurance of Elmer A. Lord & Co. Mr. Potter moved that it be renewed through the same office for a period of five years. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that he learned that the American Policy Holders' Co. did write compensation insurance and In 1938 their total premiums were $22,,0001001 Mr. Hill called attention to a letter from Mr. Wrightington about carrying insurance with mutual companies which said that an Act of .the Legislature permitted carrying fire in- surance, but it is doubtful if a town could carry compen- sation insurance with mutual companies. Some towns have received opinions from Mr. Waddell'a office to the effect that they cannot carry fire insurance with mutual companies, The Chairman said that at any rate the law prohibited put- ting compensation insurance with a mutual company. Mr. Raymond said that they had been unsuccessful in .getting cooperation on snow removal on Routes 128 and 4. The State has offered to assist in plowing two-tenths of a mile on Mass. Avenue at Maple Street. Mr. Paxton estimates that the value of said plowing would be $49.75 for a winter, but thecost of keeping time on it would be so troublesome, he would suggest that we do not apply for this aid. No action was taken on the matter. Insurance. Snow Removal . Mr. Raymond said that Rev. Handley had requested permission to erect a metal sign about 11 x 10 with a Red Red Cross Cross on it on the Barnes property near the sidewalk. Sign. There will be no expense tothe town. The Board had no objection to the erection of such a sign. .Mr, Raymond said that Mr. Fiske had offered to settle his claim in connection with the Vine Brook taking and widening for the value of land taken amounting to $250., the Fiske value of five large apple trees, $200.00, and for the cost claim. of some one and a half inch galvmi%d well pipe and points, $40. to $50. It was decided to hold the matter over for two weeks and Mr. Saran was requested to appraise the trees. 516 contractor of $1450.00 for building a bridge across Vine Brook to give access to the Mabey land. Mr. Raymond said it did not seem to him that one-half acres of land on the other side of the brook could be worth more than $200. -to $300. He thought it would be ckasaper to let the Mabey's Mabey sue for damages and to then pay whatever the award was. claim They do not want toiieed the land to the Town and he did not Mr. Raymond reported that the Chamber of Commerce burdened to the.extent of $1450.00 for a bridge. Mr. Rowse requested the use of the conference room on Nov. 23 free of moved that the bridge be disapproved. Mr. Potter seconded charge. Mr. Potter moved that the use of the room be granted. ' Use of Mr. Locke seconded the motion and it was so voted. Sarano appraised them at not more than $100. Mr, Rowse Hall. The V.F.W. requested the use of Cary Hall on Dee. 22 and sign a satisfactory release, subject to the approval of from 7 to 11 P.M. for a kiddies party. Mr.. Potter moved the Town Counsel, the Board would approve it. Mr.Potter that the use of the hall be granted free of charge. Dar. Locke seconded the motion and it was so voted. The Knights of Columbus requested the use of`.the Cary Memorial Hall for a rehearsal on Dec. 4th and a play. on Dec. 5th. They asked for it on the basis of $15.00 on Dec. 5th, Mr. Potter moved that they be charged $15, for the hall the night of the play and that the rehearsal be allowed free of charge. Mr. Locke seconded the motion and it was so voted. The V.F.W. requested the use of Cary Hall on Feb. 15th for a dance. Mr. Potter moved that the use of the hall be granted. Dar. Locke seconded the motion and it was so voted. Miss Newell requested the use of Estabrook Hall on December 2, 9 and Cary Hall for Dec. 70 9, 11, 12, 13 and 17, for the Christmas Pageant. The Board felt that that would be entirely too many uses, and upon motion of Mr. Potter, seconded by Mr. Rowse, it was decided to grant the use of a hall for four rehearsals and the use of Cary Hall for the Pageant, free of charge. Mr. Raymond reported that it would cost $1070, to lay ' Pipe to a four inch pipe into the end of the present two inch pipe playground, in the playground at the tool house. This will give us a supply about the same as we have now through the McCaffrey land. It was decided to hold the matter over for one week. Mr. Raymond said that he had received a price from the contractor of $1450.00 for building a bridge across Vine Brook to give access to the Mabey land. Mr. Raymond said it did not seem to him that one-half acres of land on the other side of the brook could be worth more than $200. -to $300. He thought it would be ckasaper to let the Mabey's Mabey sue for damages and to then pay whatever the award was. claim They do not want toiieed the land to the Town and he did not believe that under the circumstances, the project should be burdened to the.extent of $1450.00 for a bridge. Mr. Rowse moved that the bridge be disapproved. Mr. Potter seconded the motion and it was so voted. Mr. Mabey requested $300. for the trees, and -Mr. Sarano appraised them at not more than $100. Mr, Rowse moved that if Mrs. Mabey would settle all claims for $100. and sign a satisfactory release, subject to the approval of the Town Counsel, the Board would approve it. Mr.Potter seconded the motion and it was so voted. .Mr. Raymond said that the Engineers had prepared ' estimates for the Liberty Heights sewers on a W.P.A. basia and also estimates for a sewer in Merriam Street, Adams St. Coolidge Ave. and No. Hancock Street. The sewers for Liberty Heights cover those streets necessary to eliminate places where there was a nuisance or bad condition because of overflowing cesspools. This sewer was estimated to cost about $53,000. of which the Town1s share is $21,000. On that basis, the assessment to the owners will be practically the same as it would be under the Sewer Betterment Act. There might be ten or fifteen cents a foot difference. This is an estimate and Mr. Raymond said it was possible that the Board might consider that it would not assess the full amount. The assessment schedule for Liberty Heights is now in the hands of Mr. Nary, who has had it for some time. Mr. Raymond s&id that he had not heard from him other than the residents felt they could not pay such an assessment. Mr. Raymond asked if he was to write up this project or to request Nary to have the assessment schedule signed before writing it up. The Chairman said that in discussion with the Appropriation Committee, they felt that the Selectmen •would be criticised if they went ahead with a major project in East Lexington and did not go ahead in North Lexington, where we had just finished a large trunk line sewer project. They also sugge$ted that in laying'out the W.P.A. program, we try to do the work in those sections where the cost is going to be assessed against the abutter. They suggested that we bond the money for this work and ear -mark the monies coming in on assessments to be used to pay off the loan. This can be done as payments on sewer assessments go into the sewer assessment fund. Mr. Raymond said he told the Appropriation Committee that he thought half of the North Lexington Sewer project was not a good W.P.A. project. If he was allowed to do a $30,000. project on part of it, he would be very glad to do the balance as a W.P.A. project. Mr. Raymond was instructed to ask Mr. Nary for the betterment assessment list and to send out betterment assessments for the Merriam Street project. Mr. Rowse moved that the W.P.A. projects for the Merriam Street sewer and Liberty Heights sewer be worked up and submitted. Mr. Potter seconded the motion and it was do voted. Mr. Raymond thought it would be a good idea to have the betterment lists in before we ask the Town Meeting for a bond issue. It was decided to leave the matter of per. centage of betterment assessments to be charged for a couple of weeks. Mr. Raymond said that on Wednesday, Nov. 22nd, there would be a hearing on Chapter 90 work for 1940. He would recommend that we ask $3,000o from the State and County for Chapter 90 Maintenance, making a total of $9 000. the same as we had this year. He recommended asking J6000. each from the State and County for the construction of Spring Street from Marrett Road to Route 2. They have made a Sewers W.P.A. Chap. 90 Work,1940 Sherburne Rd. water. rough estimate of $1,000, to cover land damages. Mr. Rowse moved that Mr. Raymond request the sums as suggested by him for the Chapter 90 program in 1940. Mr. Saran svggnde&. the motion and it was so voted. Mr. Raymond said that Sherburne Road was graded only part way and he did not believe it would be in order to put in a water main there until it is graded as far as the lot for which they have a client. The Chairman said he was interested in giving the Ryders a chance to dispose of this property as if they do not, they will go in arrears on their taxes and we .probably will have a lot of trouble with tax title cases again. He also wanted to encourage this as the land has been drained by the Vine Brook project and•if building near, the center of the Town is encouraged, it will not cost the Town as much money for public utilities as.f or developments in the outlying districts. Mr. Rowse moved that the Board take the stand that it would approve a water extension to the lots on Sherburne Road when there is bona fide evidence that a sale has been made, the contract for building let and there is need for water. Mr. Sarano seconded -the motion and it was so voted. Mr. Raymond took up the matter of the barn on the Barn on Holmes lot with Peter Salvucci and asked if he wanted to Holmes lot take it down for the use he would get out of it. `:The best & Old Adams be could do was $100. to $150. to get it taken out,of there, School so he did nothing about it. He said he did not think he would be able to have the Old Adams School taken down without paying some money for it. Mr. Potter said he. thought he eould get the Holmes barn taken down for $25, so the matter was held over for two weeks. Mr. Raymond was requested to ask Mr. Wrightington if the Town could sell the barn outright. Letter was received from Louis J.:Reynolds advising that he had a client who was willing to pay $1700, for the Offer for Ryder land which contains three lots on Waltham Street and land. approximately 10* acres of rear land. Mr. Potter said he thought that Park Drive might eventually cross Waltham Street and part of the Ryder lot would be needed to straighten out the street. Mr. Rowse moved that the Engineers -lie instructed to study the locus, having in mind the advisa- bility of taking any part of the lot for street purposes in connection with the extension of Park Drive. Mr. Potter seconded the motion and it was so voted. Park Dept. Mr. Raymond informed the Board that the Clerk in the Clerk. Park Department had been on sick leave for three weeks and had been continued on the payroll for that period. Mr..Raymond said that there was a Miss Coleman living on Adams.Street whose well had gone dry. She had a con- tractor clean out the well and had a plumber do some work 1 1 519 in the house to no avail. She then said that she considered the Town was responsible for the well going dry. It is estimated that a service to the house would cost $255. and Coleman ' a service to the well is estimated at $150. Mr. Raymond did claim re not believe that the Town was responsible for the well going wello dry, but he said it was not impossible that the Vine Brook project and the. North Lexington Sewer project were to blame. Miss Coleman asked him to present a claim that the town had damaged her well. She believes that she should be furnished water at no cost to her. Mr. Potter moved that the request be denied. Mr. Sarano seconded the motion and it was so voted. 'Mr. Raymond presented a letter from Metcalf & Eddy recommending the i-suance of a change order authorizing seven items of extra work with reference to Contract A. Vine Brook Change Drain and Sewer, for which Di Marco & Ciccone were the con- order. tractors. Mr. Rowse moved that the extra work order be approved. Mr. Locke seconded the motion and it was so voted. Commitment of water miscellaneous charges in the amount of $149.57 was signed by the Board. Commitment Mr. Raymond presented a W.P.A. project for the furnish- ing of hot lunches to needy and under -nourished children. The Chairman said that this project had been submitted to the School Department and they requested that it be submitted ' to the W.P.A. authorities. The project calls for $11,045. of Federal funds and $3836. of Town funds. This project is planned for 85 children in the Adams and Franklin Schools. Mr. Potter moved that the project be approved and submitted. Mr. Locke seconded the motion and it was so voted. Mr. Sarano moved that the following order for the construction of a sewer in Mass. Ave. be adopted; which motion was seconded by Mr. Rowse, and it was so voted: COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Town of Lexington. WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 20th, 1939, duly adopted under Article 17 of the Warrant the following vote: "Voted: That the Selectmen be authorized to install sewer mains in such accepted --pr unaccepted streets as may be applied for during the year In in accordance with St. 1897,'Ch. 504, as amended, or otherwise, and to take by eminent domain the necessary easement therefor, and for the purpose of said installation the sum;of $3,500.00 be approp- riated and transferred from the Sewer Assessment Fund", and at a meeting of the Board of Selectmen held on November 20th, 1939, it was voted to authorize the extension of the sewer in Massachusetts Avenue, from Bowker Street a distance of W.P.A. Mass, Ave. Sewer Order. 520 approximately 120 feet southeasterly, under the provisions of General Laws, Chapter 80. Voted; By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority conferred by Statute 1897, Chapter 504 and Acts in amendment thereof and in addition thereto, and of voted of the Town of Lexington pursuant thereto, that a sewer be conatruet'ed in Massachusetts Avenue, from Bowker Street a distance of approximately 120 feet southeasterly, substantially in accordance with plan made by John T. Cosgrove, Town Engineer, dated November 20, 1959 and entitled 'Plan of Proposed Sewer in Mass. Ave., Lexington, Mass., Scale: 1 in. - 40 ft., Nov. 20, 1939, John T. Cosgrove, Town Engineer". Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. The area which it is expected will receive benefit oxo advantage other than the general advantage to the. cohnunity from such improvement is described as follows. That portion of those properties on the southwesterly side of Massachusetts Avenue from Bowker Street a distance of approximately 120 feet southeasterly. The said area comprises the several lots shown upon , the plan 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 which is hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this twentieth day of November, 1939. Archibald R. Giroux SELECTMEN Errol H. Locke William G. Potter OF A. Edward Rowse George W. Sarano LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. November 20,,-1939. Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke and George W. Sarano, and severally acknowledged the fore- going instrument and statement by them subscribed to be their free act and deed and the free act and deed of the 521 Board of Water and Sewer Commissioners of the Town of Lex- ington, before me, James J. Carroll Notary Public (Mar. 14,1945) SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER MASSACHUSETTS AVENUE (From Bowker Street a distance of approximately 120 feet southeasterly). Owner as of January lat. 1939 Assessment Generino H. and Florence T. Luongo $180.00 Letter was received from W. S. Caouette requesting authority to make an analysis of the Town insurance policies. Insurance Mr..Potter moved that Mr. Caouette be advised that inasmuch analysis. as this was done not long ago, it did not seem necessary to have it done again right away. Letter was received from Frank Schiorring of 280 Mass. Avenue complaining that a police officer had warned him to keep"his car off the sidewalk in front of his house. Mr. Schiorring said that there really was no sidewalk at all there. The Clerk was instructed to advise Mr. Schiorring that because complaints on the matter had been received, it was entirely in the hands of the Police Department. A bill in the amount of $296.60 for the Town Counsel's services in the case of Lexington v. Menotomy Trust Co. and Cadario relating to loam removal, was received. Mr. Potter informed the Board that the supreme Court had decided in favor of the Town of Lexington in this case. Mr. Wrighting ton brought up the question of assessing damages and reminded the Board that this was a friendly suit and that the Menotomy Trust Co. opposed it at Lexington's request. Mr. Sarano moved that the bill be paid and that Mr. Wrightington be requested for his opinion in the matter of assessing damages. Mr. Locke seconded the motion and it was so voted. Letter was received from the Town Counsel advising th at pursuant to the vote of tyre Town Meeting authorizing the Town to abandon two easements taken by Eminent Domain for construction of the North Lexington Sewer, it became nec- essary for the Selectmen;to declare said easement or right or part thereof to be abandoned. In accordance with these instructions, upon motion of Mr. Potter, seconded by Mr. Rowse, the following declarations were adopted; Schiorring letter. Abandonment of Easements. 522 DECLARATION OF ABANDONMENT OF EASEMENT The Board of Selectmen of the Town of Lexington, a , municipal corporation in Middlesex County, under the authority of General Laws, Chapter 40, Section 15, and pursuant to a vote of the Town Meeting of Lexington on November 13, 1939, duly called and held, which vote was unanimously adopted, a copy of which vote is hereto annexed, hereby declare the easements or rights in the said vote set forth to be abandoned, for the amount and upon the terms therein set forth. IN WITNESS WHEREOF this instrument has been signed by a majority of the Board of Selectmen of the Town of Lex- ington this 24th day of November, 1939. ARCHIBALD R. GIROUX A. EDW1RD ROWSE GEORGE W. SARANO ERROL H. LOCKE WILLIAM G. POTTER (Attachment - Certified copy of Article 3). DECLARATION OF ABANDONMENT OF EASEMENT The Board of Selectmen of the Town of Lexington, a municipal corporation in Middlesex County, under the author- ' ity of General Laws, Chapter 40, Section 15, and pursuant to a vote of the Town Meeting of Lexington on November 13, 1939, duly called and held, which.vote was unanimously' adopted, a copy of which vote is hereto annexed, hereby declare the easements or rights in the said vote set forth to be abandoned, for the amount and upon the terms therein set forth. IN WITNESS WHEREOF this instrument has been signed by a majority of the Board of Selectmen of the Town of Lexing- ton this 20th day of November, 1939. ARCHIBALD R. GIROUX A. EDWARD ROWSE GEORGE W. SARANO ERROL H. LOCKE WILLIAM G. POTTER. (Attachment - Certified copy of Article 4), Dog The report of the Dog Officer for 1939 was received. Officer. Mr. Potter moved that the report be accepted and the bill for services in the amount of $100.00 paid. Mr. Locke seconded the motion and it was so voted. Invitation from the East Lexington Mens' Club to ' attend a supper on Monday, November27th was received. Invitation The Clerk was instructed to acknowledge receipt of the letter and explain that because Monday is -the regular meeting night, it would be impossible to accept the invitation. Letter was received from Robert Whitney advising that fire insurance policy under blanket schedule in the amount of $20,000, expired on Dedember 5th. Mr. Potter moved that Insurance the policy be renewed through the same office for a period of five years. Mr. Locke seconded the motion and it was so voted. Letter was received from Neil McIntosh stating that he would lilte to purchase Lot 108, Farmhurst, Section 3. It was decided to make no decision until the next meeting. Mr. Rowse said that there was a picture of the Battle of Fiske Hill in the Cary Memorial Library and the picture has never been accepted by the Town. The donor would like to have it officially accepted and placed at the Parker School. Mr. Rowse moved that an article be inserted in the warrant for the next town meeting to see if the Town would vote to accept the picture, it to be placed in the Parker School. Mr. Locke seconded the motion and it was so voted. The Chairman stated that the publicity director of the Lexington Community Fund wanted to know if the Board had any objection to the placing of Community Fund signs on ' electric light poles in the center of the town. .Mr. Potter moved that the Director be informed that the Board had no objection to this provided the Edison Company approved. Mr. Locke seconded the motion and it was so voted. Offer for land. Article Posters. The Chairman suggested that Town business be handled on alternate Monday nights and that budgets be discussed the Budgets other Monday nights. He thought that in that way all the kdepartment heads could be heard in December. The Board thought that this was a good idea. The Board certified to the character of H. M. Maxner of 955 Mass. Ave. and A. Alker of 22 Sylvia Street, both of whom had applied for a Peddler's license. Application for a license to sell all alcoholic bev- erages at 1757 Mass. Avenue was received from Joseph Trani, the application being duly published and in order. Mr. Potter moved that the license be granted for the year 1940, subject to the approval of the Alcoholic Beverages Control Commission. Mr. Locke seconded the motion and it was so voted. Messrs. Morse and Beach appeared before the Board. The Chairman stated that Mr. Beach had come in to discuss ' changes in personnel which will have to be made before December 1st. Mr. Beach said that as of Nov. 1st, he was supposed to have a W.P.A. investigator just the .same as the Licenses. Liquor License. 524 met Welfare Department. Each case has to be investigated every three months in order to keep the names on the active lists. We never have had an investigator in this Town. The Chairman ' asked if the two investigators employed in the Welfare Dept. could be used for W.P.A. investigating. Mr. Beach said that W.P.A. the W.P.A. set-up was more complicated than the welfare, but and the workers would be trained and therefor qualified to do Welfare. his work. He said that the investigator would also have to do some office work as his clerk is about onsmonth behind. He recommended that another man be hired to serve as an investigator. The Board requested the Clerk to check up on the balance in the W.P.A. Labor and Materials account and decided to hold the matter over for one week. Morsels Mr. Potter moved that if there is money available in salary. the public welfare, Personal Services account, that the salary of George V. Morse be increased to $40. per week as of Nov. 17th, 1939. Mr. Sarano seconded the motion and it was so voted. Welfare. Mr. Morse discussed welfare cases with the Board. The meeting adjourned at 1:00 A.M. A true record, Attests Clerk. 1