HomeMy WebLinkAbout1941-10-27_G"h
SEIZCTMEN' S MEETING
October 27, 1941
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, Lexington
on Monday evening, October 27, 1941 at 7:30 P.M. Chairman
Giroux, Messrs. Sarano and Locke were present. The Clerk
was also present.
At 7:30 P.M. Mr. Carroll appeared before the Board for
the drawing of five jurors. The following jurors were
drawn to serve on Criminal Business, First Session at Cam-
bridge beginning Monday, November 24, 1941: Frederick R.
Jurors Stevens, chemist, 52 Gleason Road; Arthur Lieby, Supt.,
1265 Massachusetts Avenue. The following juror was drawn:
to serve on Criminal.Business, Second Session at Cambridge
beginning December 1, 1941; Dominic F. Ross, merchant, 86
Robbins Road; Harry Scheublin, salesman, 11 Crescent Hill
Avenue. Mr. Gerald C. Turner, salesman, 9 Hillside Terrace
was drawn to serve on Civil Business, Second Session at
Cambridge beginning December 1, 1941.
Mr. Carroll retired.
Mr. Morse appeared before the Board at 7:45 P.M. and
retired at 7:57 P.M.
Mr. Paxton appeared before the Board.
He said that the American Legion had requested the use
of Cary Hall, November 11, 1941 for a banquet# from 6:30 P.M.
to 12:00 P.M.
Use of Mr. Locke moved that the use of the hall be granted
halls free of charge. 11r. Sarano seconded,the motion, and it was
so voted.
Mr. Paxton said that the Lexington High School Athle-
tic Association had requested the use of Cary Hall on
November 21, 1941 from 8:00 P.M. to 1:00 A. M. for a dance.
Mr. Locke moved that the use of the hall be granted,
free of charge. Mr. Sarano seconded the motion, and it was
so voted.
Mr. Paxton said that the Lexington Firemen's Relief
Association had requested the use of Cary Hall on December
12, 1941 from 8:00 P.M. to 1:00 B.M. for a dance.
Mr. Locke moved that the use of the hall be granted,
free of charge. Mr. Sarano seconded the motion, and it
was so voted.
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Mr. Paxton read a letter from Mr. Hill stating that
a reduction had been secured In the sprinkler leakage
rates on the high school building and contents. On the
building, a policy to 15% of the value would cost $78.56
per year and $314.24 for four years. A poli c to 10% of
the value would cost $72.07 for one year and .1288.28 for
four years. On the contents, a policy to 15% of the value
would cost $28.14 per year and $112.56 for four years. Mr.
Paxton recommended that policies to 15% of the value be
placed.
Mr. Sarano moved that the recommendation be approved.
Mr. Locke seconded the motion, and it was so voted.
Mr. Paxton said that our insurance rate would drop
from 28� to 16� per $100.00 which will make a net reduc-
tion of $3200.00 for this year.
Mr. Paxton read a letter from Robert Whitney relative
to increasing fire insurance carried on Town Buildings be-
cause of increased building costs. Mr. Paxton talked with
Mr. Hill on this subject and he said that this had been.
done to some extent. Mr. Hill said that he would come out
some time in the near future and go over the problem with
Mr. Paxton.
Mr. Paxton said that Mr. Whitney was one of the few
agents who bothered himself with questions on our insur-
ance and he wondered if it might not be well for Mr.
Whitney and Mr. Hill to talk the matter over. He thought
that something of worthwhile benefit might result. The
Board thought this was a good idea and told Mr. Paxton to
suggest it to Mr. Whitney.
Insurance
Mr. Paxton said that the Arlington Gas Company had re-
quested authority to install a gas main in Washington Street Gas
for a distance of approximately 162 feet. Main
Mr. Sarano moved that the permit be granted. Mr. Locke
seconded the motion, and it was so voted.
Mr. Paxton said that in his letter requesting bids on
tire chains, he said that bids would be received until
2:00 P.M. on October 14, 1941. Since then he has received
some more bids. Thibeault of Arlington bid $207.23 for St.
Pierre chains. F. K. Johnson, Inc. bid $262.00 for deed
chains. Mr. Paxton said he talked with Malcolm H. Clifford,
who is a noninterested party, and he said that there were
five major chain manufacturers and they all make chains of
various qualities. Although Thibeault's bid is low, the
bid came in late. Colonial Garage, Inc. was the only con-
cern that got its bid in on time.
Mr. Sarano moved that the bid of the Colonial Garage,
Inc. be accepted. Mr. Locke seconded the motion, and it
was so voted.
Chain
bids
A letter was received from William D. Hagerty of 6
Lincoln Street.saying that in the past, the public always
Hagerty used his driveway to get down to the small pond which the
complaint Town floods for the small childred to skate on. He said
that this would have to stip this year. The Chairman re-
quested Mr. Paxton to talk with Mr. Garrity on the matter
and to bring it up again next week.
A letter was received from Mr. Wrightington relative
to the parcel on Woburn Street, acquired by the Town by
tax title foreclosure, from Charles W. Rydelr.
Mr. Paxton said that they were getting to the point
where Spring Street would be started soon. There are
Spring
three abutters that it will more seriously affect than
Street
others; Swenson Brothers, Dr. T. K. Richards and Lily C.
Johanson. He believed that a satisfactory arrangement
could be worked out with Swenson Brothers and Dr. Richards.
However, Miss Hohanson, of the Cutler Farm, Brants a stock
fence erected along her land for a distance of about 1500
feet and the cost would be $500.00. There is some question
as to whether or not any harm will be done to the remains
of an old stone wall on her property. Mr. Paxton said that
if the Board decided to put in the stock fence, then the
street should be excavated back to the property line and
sloped from there so that there will not be ahy difficulty
later on if a sidewalk is put in.
The Chairman asked if Mr. Paxton allowed.f or takings
In his estimate and he said that he did not. They never
figure on takings on Chapter 90 work, but he said he really
should have allowed for it in some other appropriation. It
was decided to take no action on the stock fence at the pre-
sent time.
A letter was received from Vinnifred Sharkey of 68
Winter Street saying that her well had gone dry and that
Sharkey
there was a bad health condition due to the lack of water.
request
Mr. Paxton read an extract from the Selectmen's records of
for water
December 2, 1940 and another from the records of December
16, 1940 on this situation. At that time, the abutters
were not willing to agree to pay the betterment assessments.
Mr. Paxton said that in 1934 the Selectmen voted that 75%
of the abutters should agree to pay for betterments before
a water main could be extended. He said that if the Board
decided to install the main, it would be three or four
months before the work would be done because of the diffi-
culty in getting water pipe. He said the only thing he
could suggest was to open the hydrant and let the Sharkeys
go after the water, but as he understood it there are only
two women in the house 8b -that the water could not be trans-
ported. The Chairman asked Mr. Paxton to review the situa-
tion and do whatever he could to relieve the situation.
A letter was received from William D. Hagerty of 6
Lincoln Street.saying that in the past, the public always
Hagerty used his driveway to get down to the small pond which the
complaint Town floods for the small childred to skate on. He said
that this would have to stip this year. The Chairman re-
quested Mr. Paxton to talk with Mr. Garrity on the matter
and to bring it up again next week.
A letter was received from Mr. Wrightington relative
to the parcel on Woburn Street, acquired by the Town by
tax title foreclosure, from Charles W. Rydelr.
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He said that Mrs. Ryder holds title to adjoining land in
the rear of this area and claims a right of way across it.
Undoubtedly, at some time, there should be access from
Woburn Street to this land. Mr. Wrightington thought it
would be wise to negotiate with the Ryders to locate a
right of way for them across this land in the area in
which, ultimately, a street will probably be laid out.
He'suggested that he negotiate with Mrs. Ryderts attorney
to define the lines on the registered plan within which a
way later might be laid out and recite in the decree that
the right of way of the Ryders was confined within those
boundaries.
Mr. Sarano moved that Mr. Wrightington be given author-
ity to proceed as suggested by him. Mr. Locke seconded the
motion, and it was so voted.
A letter was received from Timothy J. Quinlan of 63
Woburn Street congratulating the Board on the curbing job
recently completed on Woburn Street. Mr. Quinlan sugges-
ted that the project be continued on the southerly side of
the street. Mr. Paxton said that the original plan was to
get one side done to Utica Street, but he thought there
was a great deal of merit in what Mr. Quinlan said. He
thought that it was important to lay the curbing from
Cottage Street to Mass. Avenue. The Chairman asked if the
Board would agree, if conditions were right, that it was
desirable to install the curbing on the southerly side of
the street, and the Board agreed.
The Clerk was instructed to tell Mr. Quinlan that the
Board appreciated his letter and that it was the intention
to recommend the continuation of the job next year in ac-
cordance with his suggestions.
A letter was received from Robert J. Kelley of 109
Follen Road requesting that Miss Jeanne E. LeMay of 99
Follen Road be requested to remove the wife fence which
she erected from the edge of the travelled way to her
boundary line. Mr. Kelley said the fence was unsightly,
dangerous, unnecessary and illegal.
Mr. Paxton said that last week Miss LeMsy asked him
if she could put up this fence. It crosses Town property
and Mr. Paxton told her that the Town would not have any
objection but that if her abutter objected, she would have
to take it down. She said she wanted the fence in order
to protect her rose bushes which, incidently, are on Town
land.
Mr. Locke moved that the Fence Viewers be instructed
to order Miss LeMay to remove that part of the fence which
crosses Town land. Mr. Sarano seconded the motion, and it
was so voted.
The Chairman said that Louis E. Noonan of 2 Vine Street,
an: employee of the Highway Department, had owed a bill of
$58.00 to the Board of Health since 1938.
26;
Ryder land
Woburn St.
Curbing on
Woburn St.
Kelley
complaint
Noonan
Board of
Health
bill
The man talked with the Clerk and said that he had not been
working steadily and was unable to pay the bill.
Mr. Paxton said that Noonan had been working since the
first part of August and was earning $24.00 per week. Prior
to coming to work for the Town, he worked steadily with R.
H. Stevens and Gordon Richards. There are some. older chil-
dren working and bringing income into the home.
Mr. Locke moved that Mr. Noonan" -be, -ordered to pay $2.00
per week on the bill. Mr. Sarano seconded the motion, and
It was so voted.
Mr. Paxton retired at 9:10 P.M.
Mr. Russell appeared before the Board at 9112 P.M.
He informed the Board that he had been called for ac -
Town Acct. tive duty with the army as of November 10, 1941. He said
called to he had inserted a blind advertisement in the paper for a
Army part-time bookkeeper and had received four replies, three
of which were from women who had not had sufficient ex-
perience. A Mr. George W%._Bond of 1437 Mass. Avenue also
applied. This man is an accountant who was retired last
year because he had reached age 70. He thought that Mr.
Bond might work out satisfactorily. He talked with Mr.
Wrightington to see if there was any question about hiring
a man over age 70 and he said the only question might be
from the view of the Retirement System. Mr. Russell failed
to agree with Mr. Wrightington on this question as the pro-
visions of the Retirement System apply only to regular em-
ployees and Mr. Bond would be a temporary employee. Mr.
Russell said he understood that the County frequently hired
retired State employees for temporary work. Mr. Russell
said his idea was to have Mr. Bond come in five days a
week and supervise things in the office and then engage an
auditor to come in nights, Saturday afternoons and Sundays
to check on the work done during the week. Mr. Russell
would also devote such time as he could to the work. He
said he would continue to serve as secretary to the Appro-
priation Committee and as a member of the Retirement Board.
He applied to Mr. Waddell to see if a State auditor could
be assigned here but found that this could not be done as
the State is running about fifteen auditors short. Mr.
Russell said however, that he felt he could make a personal
arrangement with an auditor who had a very fine reputation
to work after his own regular working hours.
The Chairman said he would like to call the Boards at-
tention to the vote passed under Article 45 at the adjourned
Town Meeting held on April 7, 1941 which reads as follows:
"VOTED: That it is the sense of the meeting that the Select-
men should, so far as they legally can, protect the position
of any persons employed by the Town mho may be called for
service with the armed forces of the United States or any
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subdivision thereof during the present emergency, so that
they may be restored to their position and rating upon
their return from service, if they so desire."
The Chairman said that he wanted to emphasize that
in trying to work this out the Board had two problems.
One, to keep the present auditing systan--and in trying
to accomplish this, the Town has instructed the Board to
protect Mr. Russell's position. The Chairman said that
the wording of the Article meant that if Mr. Bond was
employed, with the idea that Mr. Russell would be restored
to his position when he came back, that Mr. Bond's employ»
ment would be purely temporary. He said that as one of the
County Commissioners he was continually signing payrolls
for temporary employees and the question of their being
members of the Retirement System never entered into it.
The Chairman said he had several conferences with Mr.
Russell on this matter and Mr. Russell felt that he could
still keep track of the work. The Chairman said he --.thought
the Board would have difficulty in getting a competent
auditor who resides in Lexington and if a person from out
.of Town was employed, there probably would be dissension.
He said that if the Board agreed that the employment of
an accountant for evening work and Mr. Bond for part-time
work was the beat solution, then the question of compensa-
tion should be discussed.
Mr. Russell said that his term as Town Accountant ex-
pires January 1, 1942.
The Chairman said that the total amount paid out would
not exceed the amount of Mr. Russell's salary. Mr. Locke
asked Mr. Russell if he thought that what he had suggested
was going to work out and Mr. Russell replied in the affirma-
tive. The Chairman suggested that any arrangement might be
on a trial basis until January 1, 1942 and Mr. Russell said
that that would be all right. Mr. Russell said he thought
that the accountant would put in about ten hours a week and
should be paid $1.50 per hour; that Mr. Bond would spend
about four hours a day and should receive 75y per hour.
Upon motion of Mr. Sarano, seconded by Mr. Locke, it
was unanimously voted:
Mr. James H. Russell, Town Accountaat, having notified
the Board of Selectmen that he will be called for active
duty with the armed forces of the United States on November
10, 1941, the Board hereby authorises and instructs Mr.
Russell to maintain general supervision of the Town's ac-
counting work, for which he shall be repponsible, devoting
such time to it as he is able; further, that Mr. George W.
Bond of 1437 Mass. Ave., Lexington, shall be employed as a
bookkeeper in the Accounting Department on the basis of a
five day week, averaging ap-)roximately four hours a day,
at $.75 per hour; and further, that Mr. James H. Rusab11 is
271
Moreland
Ave. Sec.
authorized and instructed to engage the services of a compe-
tent auditor who shall prepare the accounts for Mr. Russell's
examination. Mr. Russell shall be entitled to fifteen days
military leave, in accordance with Section 67, Chapter 205
of the Acts of 1935, amending Chapter 33 of the General Laws,
which was accepted by the Town on July 22, 1935. These
temporary, emergency appointments shall take effect on
November 100 1941, and shall continue for a trial period
ending December 31, 1941s, at which time the Board will con-
sult with Mr. Russell, to determine if the arrangement is
working satisfactorily. On the basis of the foregoing, the
total expense of the Accounting Department will be kept with-
in the appropriation made for the current year, and there
will remain in the Accounting Department - Personal Services
Account, after making payftnt to the bookkeeper, an amount
which will equal approximately $30.00 per week, which Mr.
Russell shall receive as compensation for his services from
expiration of the period of his military leave to December
31, 1941, and from which he shall pay for the services
rendered by the expert Auditor who will be paid on an hourly
rate basis and who will be required to devote not less than
an average of ten hours per week to the work.
Mr. Russell retired at 9:55 P.M.
The following members of the Planning Board appeared
before the Board: Chairman Greeley, Messrs. Nickerson and
E. B. Worthen, Jr.
Mr. Greeley said that some members of the Planning
Board had gone down to the Moreland Avenue section and they
had a scheme to propose. They :could tell the abutters that
although, under the law, the Town could not do work on a
private street, it could rent them equipment and they could
buy gravel and cinders and with help, fix up the street
themselves. He said that undoubtedly the Civilian Defense
Committee was anxious to have an opportunity to have projects
in which the citizens could work together and they probably
could organize and get volunteers to fix up the roads
Mr. Greeley said that he believed this scheme probably could
be worked out in other parts of the Town such as Outlook
Drive, Glen Road and Winter Street. He said that it was ex-
actly the same kind of project the Civilian Defense Committee
would have to engage in after bombing. If the plan could be
worked out, the results would be very good all around. He
talked with Mr. Wrightington about it and he thought it
would be perfectly legal and he encouraged the Planning Board
to place it before the Selectmen.
The Chairman suggested that a member of the Planning
Board meet with the Civilian Defense Committee tomorrow
night and outline the plan to them and get their approval.
None of the members present were able to attend so Mr.
Greeley left the meeting and telephoned Mr. Luther R.
Putney, chairman of the Civilian Defense Committee. He
returned and said that Mr. Putney thought it was exactly
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the kind of a project the Committee was looking for and he
would take it up tomorrow evening. He said he would let
the Clerk know Wednesday morning how the Committee felt
about it.
The Planning Board retired at 10:20 P.M.
A letter was received from Robert W. Cobham of Cam-
bridge offering to pay $500.00 for lots 27, 28, 29 and 30
Block 6 Gleason Road. Mr. Cobham said he would use the
entire area for not more than one residence. If the Board
did not wish to sell these lots, then he would pay $500.00
for Lot 35, Block 1, Lexington Manor. The Chairman said
that the Committee on the sale of lots acquired by fore-
closure of tax titles approved this sale.
Mr. Locke moved that the lots be sold for the sum of
1500.00. Mr. Sarano seconded the motion, and it was so
voted.
The Chairman said that he had written the Building
and Plumbing -By-law Committees relative to including in
the new By-laws a provision allowing for the substitution
of materials which cannot be secured during the national
emergency.
The Building By-law Committee said it had included a
section to cover this, but the Plumbing By-law Committee
felt, it best not to make any changes which might be dis.
approved by the Attorney General.
A letter was received from Mr. Wrightington relative to
Lots 36 and 37 on Dexter Road which the Town sold to Louis
W. Sloenmb this year. The Town sold only that portion of
the lots which was registered land and the remaining portion
was not deeded. The reason for this was that there was a
defect in the .title and the property had to be reassessed to
the original owners. A repreaentstive of the owners paid
the tax this year. Mr. Slocamb,says that it was a term of
his agreement to purchase the lot, that the unregistered por-
tion was to be sold to him when the Town was in a position
to sell it. He now intends to make the Town take back the
parcel he bought because he cannot have the balance. It
was decided to have.Mr. Slocomb before the Board to dis-
cuss the matter.
A letter'was received from the Board of Retirement•ad-
vising that it would be necessary to hold another election
because of the termination of Joseph A. Ross' services. It
was decided to call a meeting of the members of the retire-
ment system at 5:00 P.M. on Monday, November 3, 1941 in
Estabrook Hall to hold an election to choose a member of
the system to take Mr. Ross' place.
A letter was received from the Town Counsel to which
was attached a bill in the amount of $40.00 for his
'x'7:3
W.
Offer to
purchase
lots
Bldg. &
Plmbg. By-
laws
Slocamb
lot on
Dexter Rd.
Retirement
Board
Election
A true record, Attest:
Clerk
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services in examining the title to the land at Waltham
Street and Park Drive, recently purchased from the Lex-
ington Trust Company.
Mr. Sarano moved that the bill be approved. Mr.
Locke seconded.the motion, and it was so voted.
A letter was received from the Massachusetts'Depart-
ment of Public Health relative to the fly nuisance in the
State re-
vicinity of Bow Street. The report said that the nuisance
port on
was in the general vicinity of the Cataldo farm and that
fly
when hen manure had been used for growing celery. Also
nuisance
refuse, including garbage, had been deposited in the rear
of the store at the corner of Bow Street and Mass. Avenue
and in the rear of .the parking lot near the railroad tracks.
The letter said that the dumping of such material should be
carefully controlled by the Board and prevented so far -as
possible. The Department recommended that before the onset
of the next fly breeding season and not later than May 1,
1942, Uny exposed manure piles be kept as compact as possible
and that they be sprinkled with powdered borax. The letter
said that if the advice already given and the methods of
treatment outlined were followed strictly, the nuisance due
to fly breeding should be adequately controlled. .
The Clerk said that Mr. John A. Wiggins of 1457 Mass.
Avenue telephoned this evening on this subject. Mr. Wiggins
owns two houses on Bow Street and he said that the flies
were so numerous that they were a distinct health menace
.
and nuisance. He said that it was very important that some -
''Amendment
thing be done to remedy the conditions.
to Health
The Clerk was Instructed to confer with. Mr. Lamont and
By-laws
Mr. Wrightington and draw up an amendment to the By-laws to
control the receiving and handling of manure..
The records of the selectmen's Meeting held on October
20, 1941 were declared approved.
Commitment of water miscellaneous charges, water rate
abatements and water liens were signed.
The meeting adjourned at 10:50 P.M.
A true record, Attest:
Clerk
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