HomeMy WebLinkAbout1940-02-05 50 ..4
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SELECTMEN' MEETING an
Feb. 5th, 3. 40.
A regular meeting of the Selectmen was held in the
Selectmen' s Room, Town Office Building, at 7 :30 P. M. Chairman
Giroutr Messrs. Potter, Rowse, Locke and Sarano were present.
The Clerk was also present .
At 7 :30 P. M. Mr. Carroll appeared for the drawing of
a juror to serve at the criminal sessisn in Lowell, first
Juror. session, on March 5th, 1940. Mr. Kenneth P. Blake, antiques
of 19 Oakland Street, was the juror drawn.
Mr. Raymond, Mr. Cosgrove, and nine residents of Wachusett
Circle appeared before the Board.
The Chairman said he understood that the group appeared
to get some informati n with reference to the betterment assess-
ment of the street. Mr. George Reed asked how the Engineer's
Wachusett arrived at the assessment . Mr Cosgrove said that the
Circle assessments had been figured on what the town had required for
the past ten years including drainage There are two reasons
why the rate of assessment per foor of assessable frontage is
high, as follows : 1. Waste on account of street intersection;
2. It is a small job; If more construction had been contem-
plated either toward Waltham Street or Outlook Drive, the
assessments would have been lower. However, the price per
linear foor runs very much the same as that on other betterment
assessment streets put in in the past five years. The figure
is $7.34 per from foot. Mr. Reed asked vif thewn
to paid
anyof the cost and Mr. Cosgrove re lied in the negative, and
g p gative,
said that the town had not paid any of the cost since 1925.
A Mr. Pierce asked why there was no betterment assessment
on Lincoln Street. Mr. Cosgrove said that Lincoln Street had
a County layout and therefor there could not be any cost levied
on the abutters. Mr. Pierce asked if it would not be wise to
wait until the street was accepted down to Waltham Street and
Mr. Cosgrove agreed that it would se much cheaper. Mr. Reed
said that Arlington paid one half of the cost of the construction
and the other half was divided between the abutters on either
side of the street Mr Cosgrove said that Arlington included
the cost of curbing and granolithic sidewalks in the street
betterment assessment s and that Lexington stands all the cost
of curbing and sidewalks Mr Pierce asked what percentage
of the property owners the town required to sign the petition.
The Chairman said that the town required the signatures of
75% of the abutters . Mr Pierce asked why they could not
have a tar and gravel road rather than such an expensive one
as was contemslated. The Chairman said that it was not the
policy of the Board to approve cheaply constructed streets
as the town has to maintain them after they have been accepted
It was the duty of the Board to see that the best type of
construction was put in in the first place. One man asked
what the percentage of the cost of drainage was , and Mr.
Cosgrove said that it was about thirty-three and a third percent.
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Mr. Paul Mather asked if it would be much cheaper if W.P.A.
labor was used, and Mr. Cosgrove said that he did not believe
so. Mr Cacuette said that the cost to him would e about
$540.00 and he could hot afford to ,gay that amount.
There was general discussion on the matter and finally
the group retired to discuss the matter with Mr Cosgrove in
private .
Mr. W. S. Caouette said that there was some discrepancy
on the street signs Prospect Hill Road and Wachusett Drive in Street
his section. The Chairman told him that the matter would be Signs
investigated, and he retired.
The Clerk was instructed to request the Town Engineer to
investigate the matter and to submit a report to the Board for
the next meeting.
At 8:10 P.M. Mr. Charles E Ferguson and Mr. Eugene L.
Morgan, Chairman of the Committee to review the proposed
Plumbing By-laws, appeared before the Board.
The Chairman said that last year the Board took the Plumbing
proposed Plumbing By-laws before the Town Meeting and some and
of the plumbers objected because they had not been given an Building
opportunity to be heard with regard to the hew laws. The Town Laws.
Meeting rejected the laws and a new committee was appointed.
The new committee is ready to submit its report to the annual
meeting in March. The Chairman said that Mr Wrightington,
together with Mr. Longbottom, had drawn up some new proposed
Building Laws, but that t e committee which was appointed,
had not even seen them, so they did not represent the work
of the committee . The Chairman skid that Mr. Ferguson, the
new Building Inspector, who is also a member of the Building
By-law committee, suggested that it might be well if the two
committees got together, inasmuch as they are closely related.
The Chairman thought, therefor, that it might be well if neither
the Building By-laws or the Plu _bing By-laws were submitted
at this meeting. He suggested that the Building By-law
Committee now in office be discnarged at this town meeting
and that a new committee be appointed, this new committee to
report in the fall . The Plumbing By-law committee would not
have to report at this meeting, but could hold its report until
the fall meeting. This would save the expense of appropriating
money at this meeting for printing the By-laws . However, it
will be necessary to provide the money for printing after
they have been submitted to the fall meeting. The Chairman
asked Mr. MorEan if he thought his committee would have any
objection to deferring submission of its report until fall, and
he replied in the hegative. He said that he would advise his
committee.
Mr Ferguson thought that a lawyer , an architect, an engineer
and two builders s:iculd be on the new Building By-law Committee.
The Clerk was instructed to write to Mr J. Henry Duffy,
Chairman of the Committee appointed to study the Tenement House Tenement
Act for Towns, in relation to apartment buildin64 and ask him House
when the Selectmen could expect a report of the committee. Act.
Mr. Morgan and Mr. Ferguson retired.
52
cl
Mr Beach appeared before the Board at 8:30 P.I .
Mr Beach said that Mr Worthen did not believe that we
W.P.A. should dc anything on the Historical Records Project. No action
was taken on the matter.
Mr. Beach said that he talked with Mr. Raymond about
sponsorts contributions on W.P.A. Projects. Mr. Rajmond agreed
that we should use town employees and charge their time in as
to usual on projects which have „een submitted heretofore. Mr.
Raymo _d was aresent and he said that the Board tied made an,
agreement with the Federal government on a certain basis and the
government how comes in and asks to do business on a different
basis . He thought that we would get our Federal allotments
on the old projects, out that we would not on new projects.
The Chairman said that if the drainage of the South Branch
of Vine Brook was done as a W.P.A. project , it would take two-
thirds of our appropriation as the sponsor' s contribution is
approximately $14,000. It would, however, take only part of
our quota, and he said he did not know what they would do with
the rest of the men. Mr. Raymond said he did not know if we
were going to get all the releases anyway. Ashley and Belcastro
have not signed. Mr Raymond said he did not know why. Mr.
Raylond said if the W.P A. project did not go through, the
Highway Dept . could go up there and spend some money to clean
the brook out of Highway Maintenance Sr the Welfare men could
do it . He thought the cost would not exceed (p300.00. The
Chairman said he thought the Board would rather use the Welfare
crew.
Mr. Potter moved that the Welfare crew do the cleaning
work on-the Vine Brook, South Branch, when the time is suitable
and that the expense of supervision, pipe, etc, be paid from
the Welfare Aid appropriation. Mr. Rowse seconded the motion
and it was so voted.
Mr Beach retired at 8:50 P. M.
The Chairman said that the Lexington Field and Garden
Club wanted to use Cary Hall on June 6th and June 7th in the
Use of afternoon and evening for its annual flower show Mr. Potter
hall moved that the use of the hall be granted on both days and
evenings free of charge. Mr. Sarano seconded the motion and
it was so voted.
The Clerk reported that the Red Cross wanted to use the
Conference Room on Feb. 13th for a meetinF4. Mr. Potter moved
'r that the use of the hall be granted free of charge on that
evening. Mr Sarano seconded the motion and it was so voted.
The Clerk reported that the Retail Board of Directors
of the Cham..er of Commerce wanted to use the conference room
•vi on Feb. 7th for a meeting Mr Rowse moved that the use of the
room be granted free of charge. Mr. Potter seconded tre
moti :n and it was so voted.
53
The Clerk reported that the Boy Scouts wanted to use
Estabrook Hall either Friday evening, Feb. 16th or Saturday Use of
evening, Feb. 17th, when a talk would be given and xaovies shown. hall
Mr. Potter moved that the use of Estabrook Hall be granted
free of charge. Mr. Locke seconded the motion and it was so voted
Mr. Raymond presented a letter from Metcalf & Eddy
recommending the issuance of a change order authorizing three
items of extra work on Contract A for the constru tion of the Change
Vine Brook Drain and Sewer for which DiMarco & Ciccone, Inc . Order
was the contractor. Mr. Raymond said that this change order
was to cover part of the claim of the contractor involving
resurfaci_.g the Town Office Bldg. yard, a portion of Sheridan
Street , and surfacing of the Colonial Garage Lot. The total
amount is 61171.55. He recommended that the change order be
approved and signed. Mr. Potter askedif this was the usual
practice and Mr. Raymond said that it was if the claims were
well founded. he said this was a case where the contractors
had to satisfy the owners of the Colonial Garage lot and had
to do a good job here . In order to do this, they had to go
way beyond the area actually disturbed by the trench.
Mr. Potter moved that the change order be approved and
signed. Mr. Sarano seconded the motion and it was so voted.
Mr. Raymond presented a letter from Metcalf & Eddy
recommending a project change order on Vine Brook Drain
Project to cover the cost of changing over the 12 inch water
main in Vine Brook Road. It was originally expected to be
done as a cost plus job, and when they changed the R.E.I.
it was decided that it should be dole by force account . The
cost of this work nas already been c3 termined at $426.56. By
signing this change order, the Town will get it* 45% grant.
Mr. Potter moved that the change order be approved and signed.
Mr. Rowse seconded the motion and it was so voted.
Mr. Rowse asked Mr. Raymond if he was going to have
weekly meeting with the department heads and Mr. Raymond said
that he did not understand that he was supposed to do that. He Supt. of
said he could -advise the men when they wanted advice. The Public
Chairman suggested t at the Clerk writc_ the department heads Works .
and tell them that Mr. Raymond would be here on Monday evenings
at 6 :30, and if they wished to consult him they might do so
at that time .
Mr. Raymond said t. at he had requested t're Town V'ngineer
to investigate Mr Aquaro ' s complaint regarding drainage on Drainage-
Bow Street and also his complaint about the shade on the street Bow St.
light. Mr. Cosgrove will report on these matters at the next and
meeting of the Board. Light .
Mr. Rowse told Mr Ra ;mond that in connection with the
replacement of the four inch main in Percy Road, Mr. Paxton said
that there was $800. in the Water appropriation for repairing Percy
the trench. Mr. Paxton suggested that the Selectmen deduct the Road
POO. from the Water Replacement appropriation and that
$2,000. be aaded to the Highway Maintenance Account to resurface
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the street . Mr. Rowse said that it was to help the Highway
Dept. that the system of including in Water estimates money for
resurfacing the trench was inaugurated. Mr. Raymond said that
the replacement of the water main was not where the gutters
were bad, the replacement of the water main is from Warren Street
to Bloomfield Street. The whole street needs to be resurfaced.
In the past three years , nothing was incladed in the water
estimate for patching the street as they thought that the
street was going to be resurfaced anyway. Mr. Raymond agreed
that they could get much more good out of a *2000 appropriation
than they could our of the $800. included in the water account.
Mr Raymond said that if Paxton did away withthe gutters, he
would have to put in drainage.
The Clerk was instructed to find out from kr Ross how
much he included for repairs to the trench in his estimate. The
Clerk was also requested to ask Mr. Paxton how much money he
needed to do the job of resurfacing Percy Road where the water
main is going in.
Mr. Ray .orid said he did not think $2000. would do any
sort of a job. He thought it would cost more like $4,000. He
said that the street pavement was so bad now that it would be
too bad to spend $800. on the street .
Letter was received from Mr. Raymond stating that because
of the forty-four hour per week pay basis for vacations , it
Budget would be necessary to add the sum of $18 to the la or item
in the Public Works Bldg. , Wages and Expenses account . Mr.
Rowse moved that the $18. be added to that item. Mr. Potter
seconded the motion and it was so voted.
Letter was received from the State Dept of Public Works
stating that that department was submitting to the W.P.A. a
state-wide secondary road project under which individual town
projects aay be approved later when final arrangements are
completed. A total sponsor' s contribution of 25% must be made .
Roads- In order to promote this work, the Dept of Public Works will o ' r-
w.P.A. allow towns to use a reasonable amount of Chapter 81 and Chapter t .
90 funds as their contributions on these W.P.A. projects .
Letter was received from Mr Paxton stating that he had
contacted the State Dept. of Public Works in relation to this
Spring subject. One of the State Engineers is coming to Lexington ! i,
Street. during the coming week to make any necessary recommendations.
He recommended that the County Engineers be requested to make
a survey and layout of Spring Street from Marrett Road to the
Concord Turnpike so that the necessary engineering work will
be completed if the State, County and Town decide to continue
with this work.
Mr. Potter moved that Mr. Paxton' s recommendation be
approved. Mr. Rowse seconded the motion and it was so voted.
The Chairman said that the Board had approved $2000. for
Chapter 90 Maintenance and if it decides to do this work, it
will mean an additional appropriation.
The Clerk was instructed to request Mr. Paxton to find
out how much the Town would have to contribute, if possible.
55
At 9 :40 P.M. Chief Sulli an and Ser. eants Neal and Russell
appeared before the Board to discuss police matters. They Police
' retired at 9 :50P.M matter.
Letter was received from the Town Clerk advising of a
suit entered against the town of Lexington on behalf of
Albert H. Burnham. Mr Potter moved that the matter be Suit-
referred to the Town Counsel for his attention. Mr. Locke Burnham
seconded the motion and it was so voted.
Letter was recei ed from the Board of Retirement ad- Rycroft
vising that Peter Rycroft was being retired as of Feb. 9th, Retirement
1940.
Letter was received from the Appropriation Committee
suggesting that in the future, when bids for sand and gravel Sand &
are to be requested, an article be inserted in the local gravel
paper. The Board thought this was a good procedure to bids.
adopt.
Letter was received from Edward D. Sirois, Ass 't. Secretary
to Governor Saltonstall, inviting the Selectmen to attend the Invitatic
reception on Washington' s Birthday, Thursday, Feb. 22nd, in the
Hall of Flags , State Nouse, from 10A.M. to 12 :30 P.M. The
Clerk was requested to acknowledge the invitation.
Letter was received from the Town Counsel relative to
the case of Le..ington V. Sally 6hite. Mr. ''rightington said White
that R. L. Ryder filed an answer for the defendant and that case.
the case was on the trial list in the session without jury at
East Cambridge. He thought the case would not be reached until
March.
Letter was received from Mr. Edwin B. Worthen advisi4g
that Major Wm. H. Perry had deposited with him framed photo-
graphs of Isaac Harris Cary and his wife Phoebe Trask Cary.
Mr Worthen asked that the Selectmen consider placing these Cary
photographs in the Cary Memorial Bldg. , each to be marked Photos
with a small btass plate. The Clerk was instructed to find
out if the Selectmen had the right to place these photographs
in the Cary Memeorial Bldg , and to report to the Board next
Friday.
Mr. Potter asked if the Board would be willing to spend
not over $25. from the Welfare Aid appropriatirn on a low
fence, say fourteen inches high, to be put up at the skating Fence at
area in East Lexington. This would pay for the material and skating
supervision, the Welfare men could do the work. This fence area.
has been requested so that the skating area may be divided
and the hockey players be on one side and the other skaters
on the other side. Mr Locke moved that this be approved,
Mr. Sarano seconded the motion and it was so voted.
Letter was received from Mr. Harvey H Bundy, Chairman
of the Finnish Relief Fund, Inc. asking the assistance of the
Selectmen in the work of obtaining funds for the relief of
suffering in Finland. The Chairman said that he had written
56el
the three lrcal banks and asked if they would be willing to
Finnish accept contributions. They all signified their willingness
Relief to do this The Clerk was instructed to write an article for
the paper stating that subscriptions for this fund would be
received at the three local banks. She was also instructed
to inform Mr Bundy what action had been taken on his request.
The Town Counsel' s bill in the sum of $125. for his
services in the case of DiLuzi v. Lexington was received.
DiLuzi Mr. 9°rightington said the time for appeal in this case had
case expired. Mr. Potter moved that the bill be approved. ivlr.
Locke seconded to motion aid it was so voted.
Letter was received from the Town Accountant stating
that he had written Mr. George W. Searle, Asst. Director
of Accounts, relative tothe method of raising the money to
Hospital pay the town' s shared the Middlesex County Sanatorium
charges assessment. Mr. Searle said he was of the opinion that fund-
funds. ing and maintenance hospital char`es re ,uired no appropriation
but were legal assessments which the Assessors were required
to raise upon receiving notice thereof. However, he contacted
the County Commissioners and was informed that a legal firm
advised an article and vote and that that practice had been
followed.
The Board decided to make no change in the practice of
raising the money by direct appropriation.
Letter was received from Sumner H. Remick, M.D. , Supt.
of the Middlesex County Sanatorium, advising that as of Jan. Lst,
Hospital 1940, the weekly rate for care and maintenance of patients at
rates. that institution would be increased from $10.50 per week to
$12.25 per week.
A petition signed by 46 residents for the Selectmen to
put in proper working conditiLn the traffid lights at the follow-
Traffic ing locations was received: Clarke St . and Mass . Avenue; Mass.
lights Ave. and Bedford St . adjacent to the Buckman Tavern; Hancock
Street and Bedford Street; and the intersection- of Harrington
Road and Bedford Street .
M .. Rowse moved that articles be inserted in the warrant
on the bksis of this request to appropriate money to put
these traffic light in proper working order. Mr. Locke
seconded the motion and it was so voted. (This is merely
for the repair of thepresent lights and not
for the installa-
tion
g
tion of actuators. )
Letter was received from Charles E. Ferguson, stating
Bd. of that as Building Inspector, he thought it would be unethical
Appeals to serve also as a member of the Board of Appeals . Mr. Ferguson
member therefor tendered his resignation as a member of that Board,
said resignati ,n to be effective as of Feb. 3rd, 1940.
Mr. Potter moved that the resignation be accepted. Mr.
Rowse seconded the motion and it was so voted.
The Chairman s&id that it had been customary to have a
member of the Board of Selectmen on the Board of Appeals.
He asked Mr. Locke if he would consider serving as a member of
that Board, and Mr. Locke said that he would. He then
57
resigned as an associate member of the Board of Appeals , and
his resignation was accepted.
Mr . Potter moved that Errol H. Locke be appointed a
member of the Board of Appeals . Mr . Rowse seconded the motion
and it was so voted.
The matter of appointing another associate member was held
over until the next meeting.
Letter was received from the Town Counsel relative to
William Viano ' s request that an article be inserted in the
Warrant relative to Sunday movies . Mr. Wrightington recommended
that the following article be inserted in the warrant : "To see Sunday
if the Town will recommend to the Board of Selectmen that movies-
licenses be granted for public exnibition of moving pictures Article.
on Sundays to which admission may be charged".
Mr. Locke moved that the article be inserted in the
Warrant . Mr. Sarano seconded the motion and it was so voted.
Letter was received from David H Buttrick requesting
that the Board authorize the installation of a street light in Street
front of the Buttrick Wayside Store on Bedford Street . light.
The Clerk was instructed to request Mr. Cosgrove to survey
the location and make a recommendation to the Board.
Application for a Junk Collector's License was received
from Mr. Rubin Sherman of 101 Concord Ave. , Somerville. Mr. Junk
' Potter mbved that the application be denied. Mr. Sarano License
seconded the motion and it was so voted. denied.
Mr. Morse appeared before the Board to discuss Welfare Welfare
matters.
Commitment of Water Rates in the amount 193.93 was
signed cy the Board. Commitment
The meeting adjourned at 11:45 P.M.
A true record, Attest :
Clerk.
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