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Home My WebLink About1941-11-10SELECTMEN'S MEETING November 1011941 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, November 10, 1941 at 7:30 P.M. Chairman Giroux, Messrs. Rowse, Locke and Sarano were.present. The Clerk was also present. At 7:30 P.M. hearing was declared open upon the peti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to erect one pole on Wood St, approximately 2,860 feet southeast of Pole the Lexington -Bedford line and to set another pole on Wood location Street, approximately 2,505 feet southeast of the Lexington - Bedford line. Mr. Phineas Daudelin of 275 Wood Street appeared at the hearing. He looked at the plan and said that he had no ob- jections to the locations. Mr. Rowse moved that the locations be approved and the Order signed. Mr. Sarano seconded the motion, and it was so voted. At 7:35 P.M. hearing was declared open upon a proposed amendment to the Health Regulations so as to control the re- • Proposed ceiving and handling of manure. About 35 people were pre - Amendment sent at the hearing. The Chairman said that the Selectmen to B. of were holding this hearing acting as the Board of Health in Health order to get an expression of opinion on it. 'Regs. Mr. William H. Burnham of East Street said he had read the amendment and it seemed to him that it was going a little too far. He said according to this, a load should be covered and lots of times manure might be spread over a piece of land and not Glowed under for a week. i'e said for instance, one milt spread up until five o'clock at night and then it might rain the next day or two days and it could not be plowed in within the required 24 hours. He said he did not believe that manure piled on his land ever caused complaints. The Chairman said that the amendment was contemplated because of numerous complaints in the past year because of odor and flies. He also said that neighboring towns had a similar regulation. He asked Mr. Burnham if his objection was that the time limit was too short and Mr. Burnham re- plied in the affirmative. The Chairman said it was felt necessary to establish a regulation setting some time limit in order to prevent people from leaving manure for weeks and weeks. He asked Mr. Burnham what he thought the time limit should be. Mr. Burnham said he thought two or three days would be enough. Mr. Angelo Busa of 137 Grant Street said that two or three days would not be enough. He said sometimes if he was busy he simply did not have time to plow the manure. 5MC4vTrhe man asked r. Buts h w e would feel about a $ VJRWt AW �� l longer tie vffEg a period in the winter time. Mr. Busa said that that would be all right. Mr. Busa said he thought that the regulations should apply only from May lst to December lst and not from April lst. Mr. Jerry Cataldo of Bow Street asked if this law was going to be on all kinds of manure and the Chairman read the proposed amendment. Mr. Cataldo wanted to know what would have to be done on manure piled'up for hotbeds. He said it had to be piled up until May 15th for the heat. He thought the amendment should be effective as of May lst too. Mr. John Lamont, the health Inspector, said that this law was not intended to impose a hardship on anyone. The complaints in the past have been because of farmers spread- ing manure and leaving it for days at a time. He said that he wanted to avoid bringing manure in from other tows He said the farmers could still pile the manure if they covered it with hay or dirt and spread it with acid phosphate to take care of the flies. The Chairman said that the Board had to call in the State Board of Health this summer because,of the widespread complaints on flies. Mr. Hugh Thompson of 2564 Mass. Avenue asked how long the Board had been receiving; complaints. He said he had been living in Lexington for 13 ,years and never had a com- plaint until a year ago. He said that there were some new houses built beyond him and it was the occupants who were complaining. Mr. Thompson said that sometimes the ground was frozen in November and manure couldn't be plowed in. He said that manure piled in the winter time did not make much stench. Mr. Burnham thought the Regulations should contain a provision -for the control of pig, manure providing it is a certain distance from the highway. The Chairman said that a distance of 500 feet would be all right in some instances but not in others. The Chairman read Section 1 of the pro- posed amendment and asked if there were any objections and there were none. He read Section 2 and said that it had been suggested that the time limit be changed to read May lst to November lst. He asked those in favor of having it read this way to say so. Mr. Frank Busa said he thought the limit should be from June lst rather than from May :_'1st. The Chairman asked those who would prefer June lst to May lst to say so and they all did. Mr. Busa said he thought the other limit should be September lst and not Octcber 1st. The Chairman read Sec- tion 3 which has to do with plowing in within 24 hours. Mr. Busa said that if they spread the fertilizer and had 2 or 3 days rain, it would be impossible to plow it with- in 24 hours. Mr. Arthur DeVincent said that not enough manure could be hauled in within 24 hours unless it was piled. He thought there should be a minimum of at least 2 days. Mr. Hugh Thompson suggested that the regulation allow from 2 days to 2 weeks. The Chairman read Section 3 prohibiting the piling -of pig manure brought in to Lexington from other municipali- ties. Mr. Burnham asked if this would mean that it could not be brought into Lexington from other towns in the winter and the Chairman replied in the affirmative. Mr. Burnham thought the regulation should allow for the piling of such manure in the winter. He said that they would like to have the same conditions apply to.manure brought into Town from other municipalities as that which comes from with- in the Town. Mr. DeVincent said that they would like per- mission to pile it nearer than 500 feet from the highway or a building. Mr. Lamont said that if piling was going to be allowed at all, there should be some control over the dis- tance from the highway or a building. No other persons wishing to be heard, the hearing was declared closed at 8;20 P.M. It was decided to hold the matter over until Mr. Potter returned. Mr. George McLaughlin, the attorney for the people in the Moreland Avenue section, William Roger Greeley, Edward W. Kimball, S. R. Wrightington and 7 residents of the More - Moreland land Avenue section appeared before the Board. Avenue The Chairman said that the Selectmen had asked them to hearing come here to listen.to a suggestion that had been made. He said that the Board had given a great deal of thought to their problem and from the Boardts point of view there are two angles to the question. One, that they need, from a common sense point of view, at least passable ways but that the Selectmen have to act within the law. The Selectmen, as representatives of the Town, cannot go in and do Rork on private ways. He said that the custom was to ask the abut- ters if they are willing to pay the betterment assessment, and if a certain percentage of the abutters agreed to pay the betterment, then the matter is taken before the Town Meeting so that the voters can act on the acceptance of the street and to appropriate a sum of money for construction. Once the Town accepts and builds a street it is responsible for the maintenance of it. He said that for the Board to ask the Town to accept the streets and expend only a small amount of money would be a waste of time on its part and on their oart. He said that he did not believe that the Town would accept the streets and do a make -shift job as the maintenance costs in the future would be very high. The poorer the street is built in the beginning, the larger the expense to the Town in maintenance is later on. "M • . He said that he understood that the abutters could not pay the betterment assessments so there was nothing further for the Board to do in the matter of going in and having the streets accepted and built. The Chairman said that the Board consulted with the Planning Board and the Appropriation Committee for help and advice. From one of those bodies came a suggestion. He said that their quick reaction might be that the sugges- tion had not much merit but that he hoped the group would hear him through before deciding. lie said the plan was for the abutters to get tox_,ether, decide how much money they could raise among_ them, and advise the Board how much money they could raise. Then the Board will ask the Supt. of Public Works, as a citizen of the Town, to tell them how much of a job can be done for the amount of money available. He will see how much material is needed. The Board of Selectmen has a perfect right to sell them material and it would sell them what material it could. It could also rent Town equipment provided Town operators worked it. Then The Selectmen will ask the townspeople, in a spirit of unity, to go down and help build the streets. As citizens, the Board will ask the Town Engineer to give whatever help possible. He said that if anyone knew of a better solution the Board would like to hear it. Mr. Wrightington said that the Chairman had not men- tioned the possibilitl'* of the group organizing to assess on some of the abutters who are not willing to pay their share. He thought that there should be an organization. The statute provides means of making repairs on private ways. Mr. Wrightington read Sectiors 12, 13, and 14 of Chapter 84, G. L. Mr. Wrightington said that perhaps Donald McCammond, an attorney, might be willing to help on the project. Mr. Flynn asked if the money collected would cover the material and the cost of labor etc. The Chairman said that if they raised a certain sum of money then Mr. Paxton and Mr. Cosgrove would tell them just how much they could accomplish with it. Mr. McLaughlin asked if there was any method of financing the cost over a period of years and Mr. Wrigh tin€;ton said that there was no statutory authority for that. He thought there might be something in the new laws relative to the collection of taxes however. Air. D4cLauglin asked if the "sale of materials" meant an actual sale for a fair cash value. Mr. Wrightington said that this year we had a certain amount of gravel available which the Town could sell for practically the cost of haul- ing it. Mr. McLaughlin said that the best suggestion he had was that he abdicate and that hr. Wrightington and Mr. McCam- mond work out the problem. Air. Wrightington said that he could not go in here as Town Counsel and do anything for them. Mr. McLaughlin said that his interest in the whole matter was not professional and he thought that someone in Lexington was much better equipped to do it than he. 0 IIe said it meant he had to come out here each time anything was to come up and it took a lot of time. He said he hesi- tated to put the obligation on Mr. Flynn to go out and try to collect the money. Mr. Wrightington said that what Mr. Mc- Laughlin was suggesting was that the Town accept the streets and build them in some sort of way other than under the pre- sent requirements. The Chairman said that Lexington had some 50 miles of unaccepted streets and if the requirements are changed in this case, they will have to be changed in other cases. That means that maintenance costs will increase and as a result taxes will have to be increased. Mr. Flynn said that it would be very difficult for him to go around and try to collect money from individuals. If there was some way to make everyone pay his share over a period of time, they might get some where. The Chairman said that he would ask each gentlemen present to contact a certain number of people. Mr. McLaughlin suggested that the group retire to discuss the matter and they left the room at 8:53 P.M. Mr. Robert Person appeared at 8:58 P.M. He asked if the Selectmen's Room might be used for the Report Center for the Committee on Public Safety. They contemplate put - Report ting in a temporary table and to leave the table set up all Center the time. It can be pushed against the wall when not in use. If this is not done, the table will have to be set up in some other place and the cost will be about $25.00 per mpnth for telephone service. The Chairman said that he felt, that pending the develop- ment of the war, that the Selectmen's Room was best suited. Mr. Person said Newton has direct lines to some fourteen li cities and towns including Lexington. The Army and the State are going to run various tests. The Board had no objection to the Committee on Public Safety using the Selectmen's Room. Mr. Person said that the Committee on Public Safety needed telephone connections for the five schools. Adams and Hancocl� schools have unlimited service which means if another telephone is put in the bill will go direct to the school. He wanted the Town Accountant told that the extra telephones put in the schools will be paid by the Committee on Public Safety. The Board said that it would so notify Mr. Russell. Mr. Person retired at 9:50 P.M. A letter was received from the Appropriation Committee advising that the sum of $100.00 had been transferred from the Reserve Fund for the Report Center for the Committee on Public Safety. • 0 0 • • The Moreland Avenue group returned at 9:16 P.D. Mr. McLaughlin said that everyone present felt he could raise X100.00 and 2 or 3 said that if some on the hill could not raise s$100.00, they would finance them. The group wanted to have a week to contact the other people on the hill. The Chairman said that he wanted to clear up one thine. When he said that the operators of the Town equip- ment would be the only ones paid, it was misleading. The Supt. of Public Works pointed out last week that some times the regular Town laborers were expected to donate their time and get nothing for it. He felt that if the Town laborers did work their should be raid. Mr. McLaughlin said that the Board would hear from the group in a weed or two. They retired at 9:35 P.M. Mr. Morse appeared before the Board at 9:35 P.M. and retired at 9:50 P.M. A letter was received from Mr. Russell advising that the Doc* Officer had submitted bills totalling $9.00 and that there was a balance of $8.25 in the account, leaving a defi- cit of 75y0 Pair. Rowse moved that the Appropriation Committee be requested to transfer the sum of u25.00 from the Reserve Fund to the Dog Officer's - Expense Account. Mr. Locke seconded the motion, and it was so voted. A bill in the amount of sent to the funeral of J. 0. Mr. Rowse moved that the to the Unclassified Account. and it was so voted. $5.00 was received for flowers Richards. bill be approved and charged Mr. Sarano seconded the motion, A letter was received from Mr. Russell advising that the Appropriation Committee had voted that he should continue to serve as Secretary of the Committee as long as he was able to do so. A letter was received from William D. Hagerty of 6 Lincoln Street stating that he felt it unnecessary to erect a chain link fence at a cost of $375.00. Mr. Hagerty said he thought he would be able to keep people out of his drive- way and suggested that an entrance to the playground for the small pond should be made. He said that he was willing that the people use his drivewa-r provided the Town plow it. It was decided to request Mr. Paxton to put some snow fence up along the line between the playground and the Hagerty pro- perty and to put some "No Trespassing" signs up on it. A letter was received from the Planning Board asking the effect of the 30 miles per hour speed limit in Town. The Clerk was requested to ask the Chief of Police for a re- port on this. Transfer Dog Off. Account Hagerty Driveway 292 Legal 1, 11 A bill of .72.54 was received from Mr. Wrightington for services and disbursements in the Glawson tax title case. Mr. Sarano moved that the bill be approved for payment. Mr. Locke seconded the motion, and it was so voted. The renort of the Board of Retirement for the month d' October was received. Mr. Locke moved that t -,-.e following water order for Revolutionary Road be adopted. Mr. Sarano seconded the motion, and it was so voted. ORDER OF TAKIPIG By the Town of Lexington of Easement for the construction of A Water Main REVOLUTIONARY ROAD (From Paul Revere Road to Constitution Road, a distance of ap roximately 800 f eet� INHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 1941, the town meeting of Lex inFton 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 slam 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 Select- men, bonds or notes of the Town issued and payable in accord- ance 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 assessment of betterments, in accordance with authority contained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main: NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners for and in behalf of the said town, by virtue of the author- ity conferred unon 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 improve- ment for the purpose of constructing; and maintaining a water main in Revolutionary Road, from Paul Revere Road to Consti- tution Road, a distance of approximately 800 feet as afore- said, the following easement, namely: The right to enter upon the 'Land shoran as Revolutionary Road on a plan_ entitled "Plan of Proposed Water Plain in Revolutionary Road, Lexington, Mass. Scale: i in. = 40 ft. Nov. 10, 1941, William C. Paxton, Supt. Public Works" and owned by Ross Realty Corp, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of William C. Paxton, Supt. Public Works, dated November 10, 1941, to be recorded herewith. The easement covered by this taking in - eludes 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 to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all sur- plus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in ac- cordance with the provisions of Chapter 80 of the General Laws. The area which it 3.s 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 forks, 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. To have and to hold the said easement to the Town of Lexington, its successors and ass:�gns, to its and their own use and behoof forever agreeable to t --Le provisions of the said Chapter 79 of the General Laws and ail pertinent acts in amendment thereof or supplemental there to. IN WTTITESS WHERLOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have here- unto subscribed our'names.this tenth day of November, 1941. Archibald R. Giroux Selectmen Errol T. _Locke of George W. Sarano A. Edward Rowse Lexin`,ton COW4011 EALTH OF MASSACHUSETTS Middlesex, ss. November 10, 1941 Then aerscnally appeared the above named Archibald R. Giroux, A. Edward Rowse, George W. Sarano and Errol H. Locke and severally acknowledged the foregoing instriunent by them subscribed to be their 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 P+Sy commission expires Oct. 9, 1947. SCHEDULE OF ESTTMATED BETTERMENTS REFERRED TO IN THL FOREGOING ORDER REVOLUTIONARY ROAD (From Paul Revere Road to Constitution Road, a distance of approximately 800 feet) Owner as of January 1, 1941 Lot No. Assessment Ross Realty Corp. 31 $117:00 n n n 39 49.50 44 90.00 45 98.48 46 128.72 n n n 47 164.27 58 115.97 59 126.65 n u rr B0 98.33 • • A letter was received from Mr. C. B. VanWvck of 5 Pinew-)od Street complaining about the conditions at the dog kennel maintained at the property* of Alfred Allcock, 152 Follen Road. The Clerk was instructed to request the Dog Officer and the Health Officer to submit a re- port on the conditions. The Chairman said that the Stockbridge Alumni Asso- ciation, Inc. had requested the use of Cary Nall on Novem- ber 29, 1941 from 5:00 P.M. until 12:00 midnight for a banquet and dance. Mr. Sarano moved that the use of the hall be granted subject to a charge of $25.00. Mr. Locke seconded the motion, and it was so voted. A petition signed by ten residents of Rangewazr Road requesting; the installation of street lights was received. A request was also received for the installation of a street light on the unaccepted portion of Robbins Road. Mr. Rowse moved that an article be inserted in the warrant to see if the Town will vote to install street lights in these two streets. Mr. Sarano seconded the motion, and it was so voted. The Chairman read a memorandum from Mr. Paxton saying that the cost of living since January 1, 1941 has increased approximately 7% and the cost of food over the same period has increased 15%. Mr. Paxton thought that the Town should consider a blanket increase for all low paid employees. He recommended that those on an hourly rate be increased as of December 1, 1941 so that there will be a month's precedent in 1941. No action was taken on the matter. The records of the meeting; held on November 3, 1941 were declared approved. Sidewalk betterment assessments in the amount of $520.00 were certified. The meeting adjourned at 10:35 P.M. A true record, Attest: ler -295 Complaint Use of hall Street Lights Article Req. for water main extension The Chairman said that Dr. Halloren of the Metropolitan State Hospital had requested an estimate of the cost of ex- tending the water main from its present end in Concord Ave. to the driveway to the hospital. The extension will be ap- proximately 600 feet and would cost about 1800.00. Mr. Paxton said that it was doubtful if the abutters on the other side of the street would be willing to pay any betterment assessment and as the main would be used only as an auxiliary service for the hospital, Mr. Paxton thought the hospital should pay the entire cost. The Clerk was in- structed to have Mr. Paxton so advise Dr. Halloren. The Chairman read a memorandum from Mr. Paxton saying that the cost of living since January 1, 1941 has increased approximately 7% and the cost of food over the same period has increased 15%. Mr. Paxton thought that the Town should consider a blanket increase for all low paid employees. He recommended that those on an hourly rate be increased as of December 1, 1941 so that there will be a month's precedent in 1941. No action was taken on the matter. The records of the meeting; held on November 3, 1941 were declared approved. Sidewalk betterment assessments in the amount of $520.00 were certified. The meeting adjourned at 10:35 P.M. A true record, Attest: ler -295 Complaint Use of hall Street Lights Article Req. for water main extension