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HomeMy WebLinkAbout1940-10-21388 SELECTMEN'S MEETING October 21, 1940. ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P. M. Messrs. Potter, Rowse, Locke and Sarano were pre- sent. The Clerk was also present. In the absence of Mr. Giroux, Mr. Rowse acted as Chairman. At 7:30 P. M. the Town Treasurer appeared before the Board and submitted a bid of the Lexin ton Trust Co. at .30% discount on a loan in the sum of §10,000. in antici- Bid on pation of reimbursement from the Federal Government, in $10,000, accordance with Chapter 82 of the Acts of 1938. Mr. Locke loan moved that the bid be approved. Mr. Sarano seconded the motion, and it was so voted. Mr. Carroll retired. Messrs. Paxton, George Emery, and Chief Sullivan then appeared before the Board. Mr. Emery submitted a request from Allen W. Rucker, Chairman of the "No Third Term" Committee in Lexington, that: " 1. That the Board of Selectmen permit a diversion of traffic beginning at 2:15 P. M. on October 23, 1940; "No Third 2. That the Board instruct the Chief of Police to Term" Day exclude all traffic from all streets bordering on the Battle Green (Including Clarke Street from Mass. Ave. to ' Raymond Street) beginning at 2:15 P. M. and continuing while the Meeting is in progress and as long as may be deemed necessary thereafter. Parking around the Green to be -permitted until 2:15 P. M. but parking areas and driveways of the Hancock Church and the Unitarian Church to be kept open, as parking facilities for "floats". 3. That the Board of Selectmen further instruct Chief Sullivan to consult direct with Mr. Rucker on any other matters pertaining to the above traffic question." Mr. Emery said that there would be at least two speakers, and they would not want any traffic going by when they were speaking. Mr. Potter asked Chief Sullivan what he could do about extra help, and the Chief said he would have to put,his night men on. Mr. Potter said he thought it best to pre- pare for a crowd. The Chief said he thought twenty extra men would take care of the situation, and Mr. Emery said that the Republican Party ,would pay for any extra police needed. The Board left the matter with the Chief t work out with the Committee, as to diversion of traffic and payment of men. Chief Sullivan and Mr. Emery retired at 7:50 P. M. Letter was received from Joseph Beleastro of Marrett Road demanding that the Town do something to the ditch running through his property so that his land would drain properly. Mr. Paxton said that when he was securing 61g. natures on releases at the time it was thought the WPB, Beleastro project for the South branch of Vine Brook was going to ditch be done, everybody but Mr. Beleastro agreed to sign. He said that this ditch was not near the proposed location of the Vine Brook channel. He thought Mr. Beleastro would be satisfied if we took some welfare men and lowered the ditch about one foot, and cut the bzu.sh along the side. Beleastro said that if something was not done, he was going to sue the Town. Paxton thought that the South Branch Pro- ject would not be started for some time. Water is being dumped from the State Highway into the ditch, and years ago the Town agreed with the State to take care of the drainage. He said that the welfare men were finished on Follen Road, and three or four of the men could be put to work on the Beleastro ditch. Both Messrs. Potter and Sarano thought that Beleastro should furnish a release before any work was done, and Mr. Potter said that we would not have to get a release for the work we would do now. The Board felt that Mr. Paxton should go ahead with the work when he had the Welfare men available. He said he thought the job would cost $125. to $150. T`he Clerk was instructed to tell Mr. Beleastro that the work would be done before next spring. Mr. Paxton said that the American Radiator Co. had quoted a price of $89.00 for the new section for the boiler at the Public Works Building. The price should have been ' $151.00, but the salesman made a mistake. However, they will still send the section for $:89.00. Mr. Steeves will put in the new section, including the price of the section, for $170.00. Mr. Paxton said that the Lexington Chapter of De- Molay desired the use of Cary Hall on December 5, 6, and 7, for a rehearsal the first night, and a play the other two nights. Mr. Potter moved that the use of the hall be ranted subject to a fee of $10.00 for the rehearsal and 25.00 each night for the play. Mr. Sarano seconded the motion, and'it was so voted. Use of Halls Mr. Paxton said that the Lexington Choral Society desired the use of Cary Hall on December 10 for a re- hearsal, and on December 11 for a concert. Mr. Potter moved that the use of the hall for the rehearsal be allowed free of charge, but that a charge of $25.00 be made for the concert. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton reported that the Stockbridge Alumni desired the use of Cary Hall on November 16 for a banquet and dance. Mr. Potter moved that the use of the hall be allowed subject to a fee of $25.00. Mr. Locke seconded the motion, and it was so voted. Letter was received from Joseph Beleastro of Marrett Road demanding that the Town do something to the ditch running through his property so that his land would drain properly. Mr. Paxton said that when he was securing 61g. natures on releases at the time it was thought the WPB, Beleastro project for the South branch of Vine Brook was going to ditch be done, everybody but Mr. Beleastro agreed to sign. He said that this ditch was not near the proposed location of the Vine Brook channel. He thought Mr. Beleastro would be satisfied if we took some welfare men and lowered the ditch about one foot, and cut the bzu.sh along the side. Beleastro said that if something was not done, he was going to sue the Town. Paxton thought that the South Branch Pro- ject would not be started for some time. Water is being dumped from the State Highway into the ditch, and years ago the Town agreed with the State to take care of the drainage. He said that the welfare men were finished on Follen Road, and three or four of the men could be put to work on the Beleastro ditch. Both Messrs. Potter and Sarano thought that Beleastro should furnish a release before any work was done, and Mr. Potter said that we would not have to get a release for the work we would do now. The Board felt that Mr. Paxton should go ahead with the work when he had the Welfare men available. He said he thought the job would cost $125. to $150. T`he Clerk was instructed to tell Mr. Beleastro that the work would be done before next spring. Mr. Paxton said that the American Radiator Co. had quoted a price of $89.00 for the new section for the boiler at the Public Works Building. The price should have been ' $151.00, but the salesman made a mistake. However, they will still send the section for $:89.00. Mr. Steeves will put in the new section, including the price of the section, for $170.00. 390 Boiler at P.W. Bldg. Mr. Paxton talked with Mr. Raymond on the matter, and he is of the opinion that the most economical thing to do, over a period of time, would be to install a new boiler. Mr. Steeves cannot guarantee the rest of the boiler, and he and Mr. Lindstrom think that it would be more econom- ical to buy a new boiler. $100.00 was allowed in the budget for boiler repairs, and it is still there, but $70.00 more Will be needed. Cdr. Rowse thought that Paxton should get bids on the work, but Mr. Sarano thought that Mr. Steeves should put in the section, as he in- stalled it originally. It was decided to request Mr. Paxton to order the section, and to go ahead with the work as soon as possible. The Chairman said that an emergency would have to be declared, inasmuch as there was not enough money to pay for the job.' Mr. Locke moved that an emergency be declared. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that Mr. Ross would like to lay 1001 of water main in the same trench with the sewer pipe in Winthrop Road, and pay for it from Water Maintenance, the reason being that he will save money by not cutting more trenches in Waltham Street. The trench will be dug for the sewer anyway, and the only expense will be for Water main the pipe and laying it. Mr. Rowse said that he did not in Winthrop believe that we had everlaid mains and paid for them'from Rd.extensiamWater Maintenance. Mr. Paxton said that the water exten- sion would cost about $200. Mr. Locke moved that the Appropriation Committee be requested to transfer $200* for the extension of the water main in Winthrop Road from the Reserve Funds. Mr. Sarano seconded the motion, and it was so voted to transfer $200. to the Construction Sundry Streets Account. Mr. Paxton said that R. H. Stevens the large and small roller for one-half Rental of unit, and Mr. A. Ross wanted to hire the equipment one day, Town operators to be used. Mr, that the equipment be rented. Mr. Locke motion, and it was so voted, wanted to rent day for each gas shovel for Potter moved seconded the Mr. Rowse said that -he had a complaint about the bus stop at the corner of Mass. Ave. and Slocum Road. He said that the bus stopped right at the corner, and cars coming out of Slocum Road could not see other cars coming down Mass. Ave. He suggested that the bus stop be moved back toward the Center. Mr. Paxton said that he would take care of the matter. Mr. Paxton retired at 8t30 P. M. Mr. Morse appeared at 8:30 P. M, and retired at 9:15 P. M. A4 1 1 1 1 1 391 The following members of the Planning Board appeared before the Board; Messrs. Kimball, Ellis, Ferguson, Worthen, and Greeley. Mr. Paxton also appeared. Mr. Greeley said that some time ago the Planning Board gave the Chamber of Commerce a plan of proposed parking area, but they have made no reply on the subject. He presented a plan of a proposed parking area in the rear of the stores on Mass. Ave. between Waltham and Muzzey Streets, which Mr. Ellis had. made up. The entrance would be from Waltham Street, and it would be a continuation of Vine Brook Road. The cars could go through to Muzzey Street. The parking area would accommodate 100 cars. On the basis of the assessed valuation, the cost would be 21,000., and if 25% is added, the cost would:be 26,000., and paving, water and sewer, etc. would bring the east up to $44",000. Mr. Kimball read the paragraph marked Planning Bd. "Conclusions" in a traffic survey made on July 23, 1935, re: Parking Mr. Greeley said that a number of towns were opening up area free parking spaces. He said he believed that if the store keepers parked their cars in the parking space in the rear of the Town Office, Building there would not be the traffic congestion in the Center. Mr. Rowse said he thought that the biggest argument against the parking space was the fact that people would not use the one in the rear of the Town Offices. The Planning Board considered having small stores around the parking space, and thought this a very intelli- gent use of the land. Mr. Greeley said that the Planning Board wanted to present the scheme to the Selectmen, so that the Board would have a chance to discuss it before the Planning Board made any definite recommendation. They thought a survey of parking conditions should be made before anything was done. Mr. Rowse asked Mr. Paxton if he would check with Mr. Morse to see if there were a couple of welfare men who could make a traffic count, and he agreed to do this. The Planning Board retired at 9:55 P. M. Letter was received from he thought the flags under the partment should be put out, as Mr. Archibald R. Giroux Chairman, Board of Selectmen Lexington, Mass. Dear Mr. Giroux: Mr. Garrity advising what days jurisdiction of the Park De - follows: ( October 21, 1940. In -answer to your letter of October 15th regarding the dates when the flags which come under the jurisdiction of the 392 Park Dept. Plags Park Division should be put out, first I would like to place the flags under three classifications, as follows; No. 1. The flags known as the Shenandoah System which are put out along Mass. Avenue through the eenter of the Town. No. 2. The State flags which are placed around the monument on the Common. No. 3. The flags given to the Town by Mrs. Shepard which are placed along the outside of the widewalk around the Common. I wish to submit for your approval the following schedule of holidays when the flags should be put outs Date Classification February 12 No, 1 February 22 No, 1 April 19 No, 10 2, 3. May 30 No, 1, 2, 3. June 14, Flag Day No, 11 3. Week of June 14, Flag Week No. 1. June 17 No, 1 July 4 No, 19 2, 3, Labor Day No. 1 October 12 No. 1 November 11 No, 1 When the flags are to be put out on other occasions, we should like to receive instructions from the Board of Selectmen at that time. Very truly yours, John J. Garrity JJG;DO Supt. of Parks and Playgrounds Mr. Potter moved that the Board approve Mr. Garrity's recommendation in the matter. Mr. Locke seconded the motion, and it was so voted. 1 1 393 Letter was received from Mr. Ralph E. Chadwick out- lining the duties of the Sealer of Weights and Measures, and advising that his total mileage for the year 1940 would be between five and six thousand miles, and the Sealer's latest survey of mileage allowances have been set at 4� mileage er mile. He said that this year he had been allowed 60.00 for transportation. Town Counsel's bill in the amount of $106.45 for services and disbursements in the Sally White case was Counsel's received. Mr. Potter moved that the bill be approved. bill Mr. Sarano seconded the motion, and it was so voted. r 1 Letter was received from H. P. Hood & Sons relative to the overhanging sign insurance for 1729 Mass. Ave. The letter stated that that company no longer carried Hood's to Public Liability Insurance, and asked if a bond of $2,000, file bond, would be accepted in lieu of an'insurance policy. Mbs not ins, Potter moved that a $2,000, bond be approved. Mr. Sarano policy seconded the motion, and it was so voted, Application for transfer of the Lexington Employment Registry Intelligence Office License from Ethel M. Mitchell Intel, Offief to Solglad Burtch of Lowell. Street was received. Mr. Potter license moved that the transfer be approved. Mr. Locke seconded the motion, and it was so voted. The following agreement between Elizabeth M. Burton of 38 Colony Road and the Town of Lexington was received: Burton agree. ment An Agreement made this 21st day of October, 1940 between Elizabeth M. Burton and James J. Burton of Lexington, of the one part, and the Town of Lexington, a municipal corporation in Middlesex County, (hereinafter called the Town) of the other part; WHEREAS the Town has installed a water main in Colony Road so-called, a private way, in Lexington from the southerly boundary of the said Burton land for a distance of 300 feet more or less to a point opposite the dwelling at number 38 Colony Road and has assessed betterments therefor under the authority of Chapter 80 of the General Laws upon abutting owners, the order for which is recorded in Middlesex South District Deeds, Book 6361, page 165; see Plan 40 of 1940; and WHEREAS the said Elizabeth M. Burton (hereafter called the said Burton) is the owner of land on the said Colony Road, mor particularly described in a deed from John W. Baker to the said Elizabeth M. Burton dated August 1, 1911 and recorded with Middlesex South District Deeds, Book 3631 page 165, being lot numbered 95 on the plan referred to in the said deed, with respect to a portion of which land on the westerly side of Colony Road a betterment assessment of $270, has been assessed; and 394 ' c� WHEREAS the said Burton contends that her land, for a distance of 200 feet from its southerly line, is not now ' benefitted by the said water main in the amount assessed and that the Town has caused the loss of the private water supply to the dwelling at number 38 Colony Road, and it is the desire of the parties to compromise their differences and to arrange for a postponement of payment of $180 of the said assessments until such time as the said land is sold or built upon and to abate the remaining amount of the assessment which is considered to apply to that portion of the lot now occupied by the dwelling; NOW, THEREFORE, in consideration of the premises and of the mutual agreements herein contained it is hereby mutually agreed as follows: 1. The said assessments heretofore made with reppeet to the said land of the said Burton will be abated by the Board of Selectmen of Lexington. 2. The said Burton agrees for herself, her heirs, executors, administrators and assigns, that when any part of her said land within 2001 of the southerly boundary of said lot 95 is sold or built upon she will pay to the Town of Lexington with repsect to each' sale or use of land for building at the rate of $90. for each 100' of frontage or part thereof, so sold or used for building until the Town shall receive an aggregate of such payments amounting to ' $180, This agreement shall be a covenant running with the said land. IN ,WITNESS WHEREOF the said Elizabeth M. and James J. Burton have hereunto set their hands and seals, and the name of the Town of Lexington has been hereunto affixed and this instrument has been executed in its name and on its behalf by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town and sealed with the Town seal the day and year first above written. Elizabeth M. Burton (Seal) James J. Burton TOWN OF LEXINGTON By (Seal) A. Edward Rowse George W. Sarano Countersigned by: Errol H. Locke William G. Potter James J. Carroll Board of Selectmen Town Treasurer 0 For the consideration aforesaid the Lexington Savings ' Bank, mortgagee of the said Burton land, hereby assents to the foregoing agreement and subjects its title to the lien ir;posed by the foregoing agreement. Lexington Savings Bank (Seal) By Edwin B. Worthen, Treas. Commonwealth of Massachusetts Middlesex, ss. On this 21st day of October, 1940, personally appeared the above named Elizabeth M. Burton and acknowledged the foregoing instrument to be her free act and deed, before me, (Seal) James J. Carroll Notary Public Term Mar, 14, 1945 Mr. Locke moved that the agreement be approved and ' signed, and filed at the Registry of Deeds. Mr. Sarano seconded the motion, and it was so voted. The Clerk advised the Board that she had put through a bill of $5.00 for her Notary Public Commission, and said Clerk,Notary that the seal would cost another $5.00. Mr. Locke moved Public that both bills be approved. Mr. Sarano seconded the motion, and it was so voted. The Clerk stated that the Republican Committee wanted to have the flags put up around the Common on October 23, and wanted the band stand erected. Mr. "No Third Locke moved that both requests be granted, provided Term" Day there was no expense to the Town. Mr. Potter seconded the motion, and it was so voted. Upon motion of Mr. Sarano, seconded by Mr.. Locke, it was noted to adopt the following sewer order for Winthrop Road: 396 ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 of the ACTS OF 1897 AS AMENDED. WINTHROP ROAD (From Waltham Street southeasterly a distance of approximately 160 feet) WHEREAS, By Chapter 504 of the Acts of the year 1897, entitled "An Act to authorize the Town of Lexington to con- struct a system of sewerage", the same being hereinafter re- ferred to as "said Act", said Town was authorized, among other things, to lay out, construct, maintain and operate a system of sewerage, with the powers and authority set forth in said Act, including full power to take by purchase or other- wise any lands, rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned in Section 1 of said Act, and WHEREAS said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, the plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS, by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the.provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in the manner provided in Section 5 thereof, the powers and duties of the Water and Sewer Commissioners were assigned to the Board of Selectmen as a Board of Public Works; and WHEREAS, Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke, citizens and residents of said Town, have been duly qualified and are now the duly elected qualified and acting Board of Selectmen pursuant to law and the provisions of the Acts hereinbefore referred to, and L 1 1 WHEREAS said Town by vote passed at a town meeting ' held on the 10th day of February 1915 authorized and re- quested said Board of Water and Sewer Commissioners (hereinafter referred to simply as "the Board") to proceed under the provisions of said Act as.amended by Chapter 322 of the Acts of the year 1913 and the acts referred to in the first section thereof, to lay out, construct, maintain and operate a sewerage system; and said Board has conformably to law and pursuant to said vote, laid out such system and is about to construct the same; and WHEREAS the Town has on the 8th day of April, 1940 "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1940 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $1,000.00 be appropriated, this money to be provided by transfer from the Sewer Assess- ment Fund'; and WHEREAS the system, as so laid out, required the con- struction of a sewer in the location hereinafter described, the same to be maintained and used as part of a system of sewage disposal for a part of said Town, and ' WHEREAS, the location adopted for said sewer is shown approximately in the following described line, hereinafter called the "Line of location", viz: Beginning at a point in the southeasterly line of Waltham Street said point being northeasterly and distant 178.37 feet from the northeasterly terminus of a curve of 1805.45 feet radius, thence S.310 051 10"E distant 60.00 feet to a point of curvature, thence bearing to the left with a curve of 608.04 feet radius distant about 100 feet to a point. For further description of the line of location see plan by the Town Ehgineer dated October 21, 1940, hereinafter mentioned and referred to. And whereas the right of way and easement hereinafter described and taken are necessary for the establishment of said system of sewerage and sewage disposal and for the purpose of providing better drainage as authorized by said Act; Now then, said Board, acting for and in behalf of said Town, hereby takes under the authority of said Act (Chapter 504 of the Acts of 1897, the following right of way and easement, viz: C me I 398 A right of way and easement in and thvough the land through which the line of location runs in Winthrop Road for a sewer, including manholes and appurtances, said ' sewer to be laid and maintained in the ground in sub- stantial accordance with said line of location. The ease- ment covered by this taking includes the right on the part of the Selectmen of said Town, or other duly authorized agents of the Town, to enter upon, dig up, open and use the land embraced within said way as may be reasonably necessary for the purpose of laying the sewer, manholes and appurtanances initially and mainatining, operating, inspect- ing and repairing the same from time to time thereafter; said Town being always bound to see that the ground directly after the completion of the work in each ease is cleared of all surplus material, and surface left in as smooth and good condition as at the time of entry. The right of way shall include so much of the line of such way as is necessary for the taking and purposes, not exceeding twenty (20) feet on�.each side of the line of location. Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove, Town Engineer, dated ' Oct. 21, 1940, entitled "Plan of Proposed Sewer in Winthrop Road, Lexington, Mass. Scale l in . 40 ft. Oct. 21, 1940 John T. Cosgrove, Town Engineer", is hereby referred to and made a part of the present description of taking, which plan is to be recorded herewith in the Registry of Deeds for the Southern District of the County of Middlesex. 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 followst The same being lands of Charles W. & Robert L. Ryder, Lexington Estates Trust. 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 determine that no damages have been sustained and none are awarded. To have and to hold said right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeably to the provisions of said Chapter 504 of the Acts of the year ' 1897 and any and all pertinent acts in amendment thereof of supplemental thereto. IN WITNESS WHEREOF the said Archibald R. Giroum, ' William G. Potter, A. Edward Rowse, Errol H. Locke and George W. Sarano of the Board of Selectmen afore- said, have hereunto subscribed their names this 21st day of October, A. D., 1940. C 1 Middlesex, ss. Archibald R. Giroux A. Edward Rowse Board William G. Potter Errol H. Locim of George W. Sarano Selectmen COMMONWEALTH OF MASSACHUSETTS Lexington, October 21, 1940 Then personally appeared the above named Archibald R. Giroux, Errol. H. Locke and George W. Sarano, and William G. Potter 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, Wm. S. Scamman Notary Public My Commission Expires April 18, 1941 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. WINTHROP ROAD (From Waltham Street southeasterly a distance of approximately 160 feet) Owner as of Jan. 1st, 1940 Lot No. Assessment Charles W. & Robert L. Ryder, Lexington Estates Trust $267.00 Commitment of water miscl. charges in the amount of 1831.25, and water assessment abatement in the amount of 173.54 were signed. The meeting adjourned at 10;30 P. M. A true record, Attest: C er 1��