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HomeMy WebLinkAbout1941-11-03• • SELECTMEN'S MEETING November 3, 1941 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, November 3, 1941 at 7:30 P.M. Chairman Giroux, Messrs. Sarano and Locke were present. The Clerk was also present. At 7630 P.M. hearing was declared open upon the peti- tion of the Boston Edison Company and the New England Tele- phone and Telegraph Company for permission to locate one pole on Cary Street, approximately 120 feet southeast of Sutherland Road. No persons appeared in favor of in oppo- sition. The Clerk stated that the Town Engineer had ap- proved the Plan. Mr. Sarano moved that the location be approved and the Order signed. Mr. Locke seconded the mbtion, and it was so voted. Pole location Mr. Morse appeared before the Board at 7:32 P.M. and retired at 8:00 P.M. A letter was received from the Stanley Hill Post, A.L. inviting the Board to attend an Armistice banquet on November 11, 1941 at 6:30 P.M., in Cary Hall. Inasmuch Invitation as Mr. Potter is out of Town, the Clerk was instructed to accept the invitation for the remaining four members of the Board. Application was received from the Secretary of State's office for the certification of the character of Rachel W. Cert. of Elliott of 1961 Massachusetts Avenue, one of the incorpora- character tors of the Riding Club, Inc. Mr. Sarano moved that Mrs. Elliott's character be en- dorsed. Mr. Locke seconded the motion, and it was so voted. The report of the School Lunch Project for the month of September was received. The Chairman asked the Board if it wished to close the Town Off. Town Offices on Armistice Day. closed Mr. Locke moved that the Town Offices be closed all Nov. 11th day on November 11, 1941. Mr. Sarano seconded the motion and it was so voted. At 8:05 P.M. the Town Counsel and Neil McIntosh ap- peared before the Board. The Chairman read a note from Mr. McIntosh bringing to the Board's attention the fact that he stands ready 276 McIntosh water guaranty accounts to deed certain portions of Middle Street, Shade Street, Spring Street, and Weston Street to the Town for the widening of the said streets to the proper width. The Chairman said he would recommend that the Supt. of Public Works meet with Mr. McIntosh to make a study of the matter and to submit his recommendation to the Board. Mr. McIntosh said that he wished to discuss his water guaranty accounts. He s'aid that in the years 1928, 1929 and 1930 the Town asked him to make as few extensions as possible; that is, to request extensions only where houses were being built. He said that the then Board of Select- men asked hiri not to bring any guaranties with names other than his own and he agreed to do this. In 1934 there were a great many houses being built and he knew that there was enough money being paid for water rates to offset the guaranties. He received a bill for $341.00 and went -to the ,Water Department and found that there was $1027.00 paid in rates in excess of the interest. He told the Selectmen that the Town should give him•the benefit of the overage on the rates. He was given a credit of $400.00 in lieu of settlement. He said it was agreed then that the extensions in each development should be grouped. Mr. McIntosh said he had not received bills for the past few years and the first thing he knew, the Town Counsel was given his ac- counts. He said it was understood in 1934 that the prac- tice of treating each development as a whole was to con- tinue for the life of the guaranties. This summer Yhen he asked the Water Department for figures, he could not get them, but finally Mr. Wrightington gave his consent and the figures were furnished. He said that from figures given Mr. Wrightington there was an excess of about $500.00 paid for the years 1935, 1936, 1937, and 1938 and for the years 1927, to 1934, an excess of $1027.04, making a total of $1572.98. He figured that this $1572.98 was the total amount paid in excess rates and deducting the -1934 abatement of $467.97, he figured that there was a credit due him of some $1105.01. The Chairman asked Mr. McIntosh if he had some specific claim that he wanted to place before the Board. McIntosh said that if it was determined that he had paid an excess, then he wanted the amount credited against future bills. The Chairman asked him again what his specific request was. Mr. McIntosh then said there was an excess of $512.95 which should be credited to his account. The Chairman asked him if that was what he figured the Town owed him and Mr. McIntosh said he couldn't say definitely as he had not been given the right to get the figures. He said that when he asked Miss Harvey for the figures, he was referred to Mr. Ross and Mr. Ross referred him to Mr. Wrightington. Mr. Wrightington said that he did tell Mr. McIntosh in the beginning, until he found out what he wanted he could not be furnished the figures. At 9s00 P.M. Mr. Alan Adams, Mr. William Roger Greeley, Mr. William C. Paxton and nine members of the ApproprAAtion Committee appeared before the Board. The Chairman told the group that the meeting was called to consider the probl-em of the Moreland Avenue section. Last week the Planning Board made a suggestion which seemed to have merit. There is a solution to the problem. If the people living in this area want to act under the law where they can organize themselves and decide to do the con- struction work and assess against each other, they could do the job within their financial limits. With that in mind and also with the thought in mind that a real effort on the part of the public to go into an area and help the people solve their problem, the Planning Board suggested that the Committee on Public Safety be asked if they would sponsor such a move. The Chairman read a letter from the Committee on Public Safety advising that the Committee, did not consider the project an emergency and that it felt it had no authority over such a program. The Chairman suggested that Mr. Henry Flynn, the prime mover in the group in the Moreland Avenue section, be asked to get a committee of five together and meet with the Board so that the project might be explained to them. • 277 Moreland Ave. When he found out what he did want, he then gave him per- mission to go to the Water Department and get whatever figures he wanted. The Chairman told Mr. McIntosh that he had to satisfy himself that he had obtained all the figures that he could get. Then he would have to make a specific claim for whatever amount he thought was right. He asked what Mr. McIntosh believed and felt the Town should consider as some adjustment. Mr. McIntosh did not answer directly but asked if he would be given a rebate or would he be given credit on future bills. The Chair- man told Mr. McIntosh what he should do was to make up his mind what he believed to be the proper amount due him on the basis of the understanding with the Board of Selectmen in 1934. He said that if the Selectmen should agree that some settlement should be made and a refund given, then the matter would have to go before the Town Meeting for an appropriation. Mr. Wrightington asked Mr. McIntosh if, when he asked. for credit on future bills, he meant credit on what he is paying for water rates, for water guaranties, or for water betterment assessments. Mr. McIntosh said what he wanted was a credit on future water betterment assessments. The Chairman said that he could not be given credit on any betterment assessments and Mr. Wrightington agreed with him. The Chairman again told Mr. McIntosh to decide on what he felt he was entitled to and make a specific claim to the Board. He agreed to do this and retired at 8:45 P.M. At 9s00 P.M. Mr. Alan Adams, Mr. William Roger Greeley, Mr. William C. Paxton and nine members of the ApproprAAtion Committee appeared before the Board. The Chairman told the group that the meeting was called to consider the probl-em of the Moreland Avenue section. Last week the Planning Board made a suggestion which seemed to have merit. There is a solution to the problem. If the people living in this area want to act under the law where they can organize themselves and decide to do the con- struction work and assess against each other, they could do the job within their financial limits. With that in mind and also with the thought in mind that a real effort on the part of the public to go into an area and help the people solve their problem, the Planning Board suggested that the Committee on Public Safety be asked if they would sponsor such a move. The Chairman read a letter from the Committee on Public Safety advising that the Committee, did not consider the project an emergency and that it felt it had no authority over such a program. The Chairman suggested that Mr. Henry Flynn, the prime mover in the group in the Moreland Avenue section, be asked to get a committee of five together and meet with the Board so that the project might be explained to them. • 277 Moreland Ave. 278 Mr. Wrightington said that in order to get citizens from other parts of the Town to go down and work with a pick and shovel, they would have to have a committee other than the four or five neighbors in the Moreland Avenue section. Re said they had to organize in order to make assessments on those people who were not willing to Volunteer payment. The Chairman said that if they were not willing to do that much, there was nothing the Selectmen could do, other than the normal procedure of the acceptance and con- struction of the streets. He said that the total value of the land and buildings was approximately $40,000.00 and the estimated cost of the job was $26,000.00. 1. Mr. Sheldon said that he understood there were two ob- jections to not doing a first-class job. First, the main- tenance cost and second, the question of liability because of not putting in proper drainage. Hed ?,e p�stion had been made that it might be possiblq/to sgn a y any subsequent claim they might have because of a second-class Job being done. Mr. Wrightington said the objection to that would be that they were not the only people who would have claims to rights because of defects in the roads. He said that Mr. Paxton was interested in having drainage put in as if it was not put in, the surface of the streets would wash away. Mr. Greeley said that the Planning Board felt that if the Selectmen told the people that they wanted to help them out by renting Town equipment and selling gravel at cost, and were willing to suggest to civic groups in the Town that they help the residents, that the Selectmen would be doing as much as they could be expected to. Then it would be up to the residents to take it or leave it. Mr. Paxton said that it would cost the Town about $3.00 per load to load the sand and gravel and he thought that the abutters should pay for this. He also thought that ten -men, plus the equip- ment operators, could do the amount of work necessary. He said that one thing that bothered him on these community days was that it seemed to be a foregone conclusion that the labor was to be donated by the Town men and they are usually the ones who do all the laboring. He thought that if the men were going to be used on this project, that they should be paid for it and that the men living in the neighborhood could help. He said that there was solid ledge that would have to be blasted if a real job was going to be done. The Chairman asked if any members of the Appropriation Committee felt that the Town wanted to abandon its policy on the acceptance and construction of streets and none did. The Chairman asked the Appropriation Committee how it felt on the matter. Mn. Sheldon took a poll of his group and all felt that the project should be tried. Mr. Greeley thought that the way to handle the matter would be to present it to Mr. McLaughlin, the attorney representing the Moreland Ave. group. Pair. Wright1hgton also thought it would be better to notify Mr. McLaughlin and then have Mr. Flynn bring in four rI 277 more of the interested neighbors and have a conference on the matter. Mr. Wrightington said that he would talk with Mr. McLaughlin and find out if he wished to have Flynn and four other people come in, and then he would advise the Clerk. The Appropriation Committee retired at 9:50 P.M. A letter was received from Mr. Wrightington advising that he had brought suit against CandidaE. DeVincent to en- DeVincent join violation of the Zoning and Building Laws by reason of suit the construction of a roadside stand without a permit. A letter was received from Hazen W. Hamlin who is arranging for the sale of Lots 27 and 30 Block 6, Lexing- ton Manor, to Robert W. Cobham, Mr. Hamlin said that the Board must have misunderstood the letter he presented last week inasmuch as the net amount he offered for the Lots was $450.00 and not $500.00. He said that the gross amount offered was $500.00 of which $50.00 was to be paid to him Sale of as commission. The Chairman asked Mr. Wrightington if lots to there was any legal reason why a broker's fee could not be Cobham paid and he said there was none if the money was available. The Chairman asked the Board what it wished to do in the matter. Upon motion of Mr. Locke, seconded by Mr. Sarano, it was decided to tell Mr. Hamlin to keep the check of $50.00 which Mr. Cobham paid as a deposit, and to pay the Town $450.00 when the deed was ready. The Chairman told Mr. Wrightington that Jeanne E. LeMay of 99 Follen Road had placed a fence across Town property from her property line to the travelled way and that Mr. Kelley, her neighbor, objected. He asked Mr. LeMay Wrightington what his opinion was in the matter. Mr. fence Wrightington said that in his opinion Miss LeMay had no right to place the fence across Town property and that Mr. Kelley was justified in requesting the Selectmen to order the fence removed. Mr. Wrightington retired at 10:25 P.M. Mr. Paxton appeared before the Board at 10:35 P. M. He said that Mrs. Robert C. Merriam had requested Use of the use of Estabrook Hall from 10:30 A. M. to 11:30 A. M. hall on the following dates: November 10, 140 172 21, 24, and 28. Mrs. Merriam will conduct a Household Wardens School. Mr. Sarano moved that the use of the hall be granted, free of charge. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that the second Water Department com- pressor was not in fit condition to work and he requested Repairs tc a bid from the Maguire -Faucher Co. for repairing the equips- compressor ment. Maguire -Faucher propose to do all the repair work for a sum not to exceed $325.00. Mr. Paxton said that there were sufficient funds in the Water Maintenance Account to pay for the repairs. Mr. Locke moved that Mr. Paxton be authorized to have the compressor repaired at a cost not to exceed $325.00. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that he went up to the Sharkey house on Winter Street and talked with Mrs. Sharkey. Before he did this however, he checked with Mr. Iodice who lives across the street. Mr. Iodice said he was willing to supply the Sharkeys with water as he has two springs. He told the Sharkeys they could use one of the springs and could lay a pipe throught his land to their home. The Sharkeys started to dig the trench but did not finish it and Mr. Iddice had to back fill it. Mr. Iodice then sug- gested that the Sharkeys run a hose from his spring to their house but they didn't do that. Mr. Paxton said there was evidently some personal feeling between the Iodices and the Sharkeys and for that reason Sharkey would not have any- thing to do with Iodice. Mr. Paxton told Mrs. Sharkey that they should take advantage of Mr. Iodice's offer and buy 100 feet of hose and connect with the Iodice spring. He said the day he called, there was a young man, twenty-four or twenty-five years old at the house and also a "Mr. Sharkey" was mentioned, so there are apparently two men in the house. Mrs. Sharkey mentioned that there was a possibility that one of the abutters by the name df Sullivan would be will- ing to pay a betterment assessment and she would be will- ing to pay part of the Anderson betterment. Mr. Paxton told Mrs. Sharkey if they could get additional signatures, that was the thing to do. Mr. Paxton said that Mr. Garrity recommended a fence Fence at 250 feet long between the Hagerty house and the playground. Hagerty This fence would eost about g375.00 and there are no funds property to do the work now. The Clerk was instructed to tell Mr. Hagerty that funds for the fence would be included in the 1942 budget. A letter was received from the Public Health Association Req. for requesting the use of a truck and two men on Wednesday, use of November 19th to help deliver Thanksgiving baskets to needy Town truck families. The Chairman requested Mr. Paxton to contact the Public Health Association and to cooperate with them in the matter. Mr. Paxton retired at 10:55 P. M. A letter was received from the Committee on Public Safety advising that they felt that the organizing of a State Guard Reserve Unit was unnecessary at this time. • • 0 Application was received from William Viano for the renewal of his theatre license. Mr. Locke moved that the license be renewed. Mr. Sarano seconded the motion, and it was so voted. Application was received from Roy Peterson of Con- cord Turnpike for renewal of his alcohol license. Mr. Locke moved that the license be renewed. Mr. Sarano seconded the motion, and it was so voted. The Building Inspector's report for the month of October was received. Cdr. Locke moved that the following Order be adopted. Mr. Sarano seconded the motion, and it was so voted. (Quote Blake Road Water Order) ORDER OF TAKING By the Town of Lexington of Easement for the construction of a Water Main BLAKE ROAD (From the present end in a southerly direction, a distance of approximately 280 feet) WHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 1941, the town meeting of Lexington pursuant to,an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may -be applied for during the year 1941, and.to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $40,000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law, for a period not exceeding eight years." "Voted; That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assess- ment of betterments, in addordance with authority con- tained in the By-laws of the Town." 0 AND WHEREAS, the right of way and easement hereinafter Theatre license Alcohol license described and taken are necessary for the establishment and maintenance of the said hater main: NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commis- sioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Blake Road, from the present end in a southerly direction a distance of approximately 280 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Blake Road on a plan entitled "Plan of Proposed Water Main in Blake Road, Lexington, Mass. Scale: 1 in. = 40 ft. Nov. 3, 1941, William C. Paxton, Supt. Public Works Dept." and owned by Lexington Trust Company and Bay State Builders Supply Com- pany and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances sub- stantially as shown on a plan of William C. Paxton, Supt. Public Works Department, dated November 3, 1941, to be re- corded herewith. The easement covered by this taking in- cludes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting repairing and replacing from time the said water main, tthe said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry) . Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of William C. Paxton, Supt. Public Works Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule We determine that no damages have been sustained and none are awarded. 0 • • • To have and to hold the said easement to.the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable totheprovisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment therof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this third day of November, 1941. Archibald R. Giroux SELECTMEN George W. Sarano OF Errol H. Locke LEXINGTON COMMONWEALTH OF MASSACHUSETTS Ifliddlesex, ss. November 3, 1941 Then personally appeared the above named Archibald R.. Giroux, George W. Sarano and Errol H. Locke, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe Notary PUblic SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER BLAKE ROAD (From the present end in a southerly direction, a distance of approximately 200 feet) Owner as of January 1, 1941 Block Lot Assessment Lexington Trust Company 16 B $78.03 16 C .76.50 16 D 124.34 pt . 33, all 34,35 & 36 101.97 Bay State Builders Supply Co. 9 37,38,39 40 108.00 ON Commitments of water rates and water liens were signed. The records of the Selectmen's meeting held on October 27, 1941 were declared approved. A letter was received from the Health Inspector advis- ing that Jerry Cataldo of Bow Street promised to plow in the fertilizer spread on his ground as soon as possible. The Clerk submitted a proposed amendment to the Health Amendment Regulations for the control of manure. The Town Counsel had Health approved the amendment. It was decided to hold a hewing on Reg. the proposed amendment next week. A letter was received from the Health Inspector advis- Ing that there was an overflowing cesspool on property at Board of 58 Taft Avenue, owned by the Barker Lumber Company of Woburn, Health which was a menace to the public health and a nuisance by Order reason of its filthy condition. Mr. Locke moved that the following Order be adopted. Mr. Sarano seconded the motion, and it was so voted. Lexington, Mass. November 3, 1941 The Board of Selectmen of Lexington, acting as a . Board of Health, after receiving a report from Mr. John Lamont, Health Inspector, as to the condition of the premises located at 58 Taft Avenue, Lexington, find that the overflowing cesspool located on said premises is a menace to the public health and a nuisance by reason of its filthy condition, and therefore, the Board adopts the following order under the authority of G. L. Ch. 111, see. 123, and every other power enabling it to do so. ORDERED that the Barker Lumber Company of Prospect Street, Woburn, in the County of Middlesex, the owners of the property at 58 Taft Avenue, Lexington, at their own expenses remove the nuisance and source of filth thereon consisting of an overflowing cesspool, within three days from the date of the service of this order. Archibald R. Giroux Majority of Errol H. Locke Board of George W. Sarano Selectmen of Lexington 0 • • 0 A letter was received from the Health Inspector ad- vising that there was an overflowing cesspool on property at 52 Dexter Road, owned by Marion Coughlin, which was a menace to the public health and a nuisance by reason of its filthy condition. Mr. Locke moved that the following Order be adopted. Mr. Sarano seconded the Notion, and it was so voted. Lexington, Mass. November 3, 1941 The Board of Selectmen of Lexington, acting as a Board of Health, after receiving a report from Mr. John Lamont, Health Inspector, as to the condition of the premises located at 52 Dexter Road, Lexington, find that the overflowing septic tank or cesspool located on said premises is a menace to the public health and a nuisance by reason of its filth'T condition, and therefore, the Board adopts the followinr-order under the authority of G. L. Ch. 111, sec. 123, and every other power enabling it to do so. ORDERED that Marion R. Coughlin of 52 Dexter Road, Lexington, Massachusetts, in the County of Middlesex, the owner of the property at 52 Dexter Road, Lexington, at her own expense remove the nuisance and source of filth thereon consisting of an overflowing septic tank or cess- pool, within three days from the date of the service of this order. Archibald R. Giroux Majority Errol H. Locke Board of George :11. Sarano Selectmen With reference to the vote of October 27, 1941 con- cerning James H. Russell, Town Accountant, he having now been notified that the date of his call might be delayed, upon motion of Mr. Locke, seconded by Mr. Sarano, it was unanimously voted that the vote passed on October 27, 1941, with reference to Mr. Russell, be amended so as to take effect upon Mr. Russell's actual call to service. The meeting adjourned at 11:15 P.M. A true record, Attest: Clerk 285