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HomeMy WebLinkAbout1942-08-03 582 SELECTMEN'S MEETING Ill) August 3, 1942 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, August 3, 1942 at 7 :30 P.M. Chairman Giroux, Messrs . Potter, Rowse, Locke , and Sarano were present. The Assistant Clerk was also present. At 7:30 P.M. hearing was declared open upon the Shanahan application of Patrick Shanahan for permission to in- Gasoline stall an underground tank for the storage of five hun- hearing dred and fifty gallons of gasoline on premises at 50 Pleasant Street , Lexington. The Chairman read the notice of the hearing. No persons appeared in favor or in opposition. Mr. Potter moved that the permit be granted, sub- ject to the approval of the Board of Fire Engineers. Mr. Locke seconded the motion, and it was so voted. At 7:32 P.M. Mr. Wrightington appeared before the Board. He said that Harry H. Ham, attorney for Arthur H. Earle, had prepared a letter offering the sum of $250.00 in full settlement of any and all claims against said Earle, Custance and Stevens . Mr. Wrightington ap4111 - proved of the letter and advised the Board to sign it as follows: Lexington, Mass. August 3, 1942 Mr. Arthur H. Earle 285 Columbus Ivenue Boston, Mass. Lear Sirs Receipt of your letter dated July 27, 1942, ad- dressed to Town of Lexington is acknowledged. Such letter signed in your behalf by your attorney, Harry H. Ham, reads as follows : "A claim has been made against me and Thedore A. Constance and Robert H. Stevens, on account of an alleged guaranty bond said to be dated March 24 , 1931, relating to the construc- tion of a water main on Wood Street, Lexington. The validity of such claim with respect to legal liability therefor and the amount thereof is disputed. in order to avoid threatened litigation, I hereby offer the sum of $250.00 in full settL1ment of any and all claims against me and said Constance and Stevens that might be made under and by virtue of the aforesaid alleged guaranty bond. " 583 1111 The offer contained in said letter is hereby ac- cepted. Upon payment by you of two hundred fifty ($250) dollars to Sydney R. Wrightington, Esq. , counsel for the Town of Lexington, all claims that might be made under and by virtue of the bond referred to in said letter against you and Theodore A. Custance and Rupert H. Stevens will be released and forever dis- charged. is- charged. Yours very truly, TOWN OF LEXINGTON by Archibald R. Giroux William G. Potter Errol H. Locke A. Edward Rowse George W. Sarano Selectmen Letter was received from Mr. Wrightington stating that he had dismissed the action the Town brought Town against the executor of Philip Leaf. He enclosed a Ooutsel check in the amount of $5.35 received from David bill Goveman, attorney, in reimbursement for expenses in the action. He also enclosed his bill in the amount of $35.35 for services and disbursements in the case. S Mr. Potter mved that the bill be approved for nt. Mr. Rowse seconded the motion, and it was so voted. Letter was received from Mr. Wrightington stating that he had received word that there has been a finding Finding for the plaintiff in the sum of $116.74 in the action in Ross of Lexington v. Joseph A. Ross. He stated that he had case not received notice of any further proceeding by the defendant. Letter was received from Mr. Wrightington in which he suggested that a vote be recommended by the Board Article of Selectmen, at the next Town Meeting, establishing fees for all permits to be issued by the Building In- spector since the provision we have been operating under has been struck out of the new Building By-law. He suggested that the Board consult with Mr. Cann regard- ing the fees prior to the Town Meeting. The Chairman informed the Board that it had been brought to his attention that there was a question as to the registration of the car driven by Chief Taylor. The Chairman telephoned to Chief Taylor, but the Chief said that he was unable to meet with the Board this evening. Upon motion of Mr. Potter, seconded by Mr. Rowse, 41111 584 it was voted to have Chief Taylor meet with the Board 4110 on Monday evening, August 10, 1942 at 7:30 P.M. The Chairman asked Mr . Wrightington if he would be present at that meeting and he said that he would. Mr. Wri ghti ngton retired at 8:45 P.M. The Chairman read the following letter to Eugene Hultman, Chairman of the Metropolitan District Com- mission relative to the possibility of a water connec- tion being made on Wood Street, the water to be drawn from this point to the Bedford Airport. August 3, 1942 Hon. Eugene Hultman, Chairman Metropolitan District Commission Somerset Street Boston, Mass. Dear Mr. Hultman: Recently the firm of Metcalf & Eddy, through its Mr. Wentworth, consulted with the Lexington Board of Selectmen concerning the possibility of a water connec- tion being made on Wood Street, the water to be drawn from this point to the Bedford Airport. The Selectmen advised Mr. Wentworth that the town would be willing to permit this connection provided the 1111 Federal Government paid for the necessary pipe from the Bedford-Lexington line to the nearest point on Wood Street, a distance of some 1200 feet; also , provided the Government would pay for the cost of the necessary meter and also pay the regular Lexington water rate. This was further conditioned on the idea that such an arrangement would be acceptable to the Metropolitan District Commission. Will you kindly advise our Board if this meets with your approval or if you prefer that it be handled in some other matter. Yours very truly, Archie R. Giroux ARG:M Chairman, Selectmen Upon motion of Mr. Potter, seconded by Mr. Rowse, it was voted to authorize the Chairman to mail the above letter to Mr. Hultman. Letter was received from Mr. White stating that in his opinion it was not necessary for the town to borrow $75,000. at this time. He also enclosed a schedule showing notes and interest due in 1942 and 1943. Letter was received from Mr. Carroll relative to 585 further borrowing of loan in anticipation of revenue. Mr. Carroll said that he felt it would be perfectly safe to forestall a borrowing for a week or so as he believed the real estate tax bills for 1942 would be in the mail during the first week of September. No action was taken on the matter. Letter was received from Mr. Carroll informing the Board that the following dates have been set for the registration of new voters for the coming primaries to be held September 15, 1942: Wed. Aug. 12, 1942 Town Office Bldg. 7 P.M. to 9 P.M. " 19 " " " 2 P.M. to 5 P.M. " " 19 AdWms S8hool " 7 P.M. to 9 P.M. " " 26 Town Office 12 noon to 10 P.M. The following bids were received on police dars : F. K. Johnson. Inc . - Lexington 1942 Master DeLuxe Town Sedan List Price (A) $793.00 Tax (B) Freight (C) 43.75 5% of A & C (D) 41.84 • Handling & Storage (E) 47.58 926.17 Lettering 10.00 936.17 Allowance on 1941 Chevrolet Town Sedan 400.00 Net cost to Town 536.17 Mope Chevrolet Co. - Newton One Two 1942 Master DeLuxe Town Sedan 981..17 1962.34 DeLuxe Oil Filter installed 10.30 20 .60 Transfer of heater & Defroster 3.00 6.00 998.47 1988.94 Less Federal Tax 44.84 89.68 949.63 1899.26 Allowance 1941 Master Town Sedan 445.00 1941 Master Town Sedan 415.00 Total Allowances 860.00 860.00 Total amount due 1039.26 Upon motion of Mr . Potter, seconded by Mr. Locke, it was voted to purchase two 1942 Master DeLuxe Town Sedans from F. K. Johnson, Inc. at a net cost of $1472.34. It was further voted to request the Apprdpriation Committee for a transfer of $272.34. This wad done 4111 with the idea that if approved by the Appropriation Committee, the Town would retain the present police car which has been run about 48,000 miles and one of the new cars would be stored for the time being. If this is disapproved by the Appropriation Committee, the two new cars will be purchased at a net cost of $1072.34 and the present cars will be turned in. Memo was received from Mr. Paxton informing the Insurance Board that the automobile liability policy will expire on August 19, 1942 through the office of Louis J. Reynolds. Mr. Rowse moved that the policy be renewed through the same office, it being understood that the commission is to be divided as follows : 2/5 to Louis J. Reynolds, 2/5 to Robert C. Merriam, and 1/5 to Helen K. Fitzgerald. Mr. Locke seconded the motion, and it was so voted. Letter was received from the War Production Board Collection stating that the week of August 17, 1942 had been desig- of tin nated by the War Production Board for the first regular monthly Tin Can Salvage collection period. The third week of every subsequent month has been similarly desig- nated for Tin Can Salvage collection. Mr. Paxton informed the Board that if the salvage material was picked up at the schools and public build- ings it would cost approximately $30.00 per month, and we could anticipate an income of approximately $25.00 per month. The total cost of the collections from now until December 31, 1942 would be about $150.00. Upon motion of Mr. Potter, seconded by Mr. Locke, it was voted that the Salvage Committee be requested to arrange with the School Department to collect the tin and that the School Department derive any income that it can from it, to be used for any use they be- lieve desirable. The Town will provide a truck and necessary men one day a month to take this material from the schools to the collection center in Watertown and will not make any charge for the truck or for the men's time. The Semi-annual Report of the Public Works Depart- ment was received. No action was taken on it. The Clerk suggested Helen M. Kirk, 2142 Mass . Ave. Teller for appointment as Teller in Precinct 4 to take the place of George Vaughn who is unable to serve. Mr. Potter moved that Helen M. Kirk be appointed Teller in Precinct 4. Mr. Locke seconded the motion, and it was so voted. .587 Letter was received from Mrs. Betty F. Davis stating that she would be unable to serve as Teller in Precinct 3. She recommended Mrs . Merton Barrows. Mr. Potter Teller moved that Mrs. Barrows be appointed Teller in Precinct 3. Mr. Locke Seconded the motion, and it was so voted. The deed for the sale of lots 106 and 107 on Norton Road to Dorothy C. Vadeboncoeur, 35 Brandon Street, Lex- ington, was received from Mr. Wrightington. Sale of Mr. Potter moved that the lots be sold and conveyed lots to Mrs. Vadeboncoeur, and the deed signed. Mr. Sarano seconded the motion, and it was so voted. Letter was received from the Commonwealth of Massachusetts enclosing a contract in duplicate for the maintenance of certain roads in Lexington under Chapter the provisions of Section 34, Chapter 90 of the 90 General Laws. The Chairman informed the Board that Mr. Paxton had approved the contract and the Board signed it. Upon motion of Mr. Potter, seconded by Mr. Rowse, it was voted to adopt the following Water Order. ORDER OF TAKING By" the Town of Lexington of Easement for • the construction of a Water Main GRASSLAND STREET (From the present end in a southeasterly direction, a distance of approxi- mately 100 feet) Whereas, at a meeting duly called and held on March 2, 1942 and adjourned to March 23, 1942, 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 in- stall 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 1942, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor. " AND WHEREAS, the right of way and easement here- inafter described and taken are necessary for the estab- lishment and maintenance of the said water main: NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Sewer Commissioners, 588 for and in behalf of the said town, by virtue of the 4111 authority conferred upon them by the foregoing vote and of every other power them thereto enabling, here- by adopt this order of taking by eminent domain, for the said public improvement for the purpose of con- structing and maintaining a water main in Grassland Street from the present end in a southeasterly direc- tion, a distance of approximately 100 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Grassland Street on a plan entitled "Plan of Proposed Water Main in Grassland Street Lexington, Mass. Scale : 1 in. = 40 ft. Aug. 3, 1942, William C. Paxton, Supt. Public Works" and owned by Lillian M. Steeves and John D. Kennedy, 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. of Public Works, dated August 3, 1942 to be recorded herewith. The easement covered by this taking includes 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 surplus material and sur- face left in as smooth and good condition as at the time of entry. ), Betterments will be assessed for this improvement in f accordance with the provisiohe ofChapter 80 of the General Laws. The area which it is expected will re- ceive 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, 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. S 5s9 4111 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 to the pro- visions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof 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 August, 1942. Archibald R. Giroux Selectmen William G. Potter Errol H. Locke of A. Edward Rowse George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . August 3, 1942. Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, 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 of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public Term Mar. 14-1945. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER GRASSLAND STREET (From the present end in a southeasterly direction, a distance of approxi- mately 100 feet) Owner as of January 1. 1942 Lot Assessment Lillian M. Steevea 16 $45.00 John D. Kennedy 210-211 90.00 The Clerk informed the Board that the cesspool at 6 Ames Avenue was overflowing and Mr. Lamont, Health the Health Inspector advises that the owner of the Order property be ordered to connect with the sewer before the house is occupied again. Mr. Potter moved that the owner of the property at 6 Ames Avenue, Lexington be ordered to connect with the sewer before the property is occupied again. Mr. 1111 Rowse seconded the motion, and it was so voted. 590 Commitments of water rates, water lien costs, and 4111 sewer betterment assessments were signed. Mr. Rowse said that with the number of welfare cases having been reduced he thought it might be ' Welfare possible to reduce the personnel by one or more personnel employees . Mr. Potter moved that Mr. Morse be requested to advise the Board on the matter. Mr.Rowse seconded the motion, and it was so voted. The Chairman informed the Board that Mr.Fisher was still out of Town. It was therefore decided to hold the meeting of the Committee on Police Regula- tions over until September . The Chairman said that the Red Cross had pur- chased a new beach wagon and wanted to garage it at Red Cross the Barnes property. beach wagon Mr. Rowse moved that the Red Cross be permitted to garage the beach wagon in the garage at the Barnes property. Mr. Sarano seconded the motion, and it was so voted. E The Chairman said that Mr. Coughlin had spoken to him concerning lots 40 and 41 on Dexter Road. The • Board considered the matter and upon motion of Mr. Potter, seconded by Mr. Locke, it was voted to write Mrs. Coughlin that the Board believes it is not justi- fied in offering these lots at less than the figure quoted her on June 23, 1942, namely $300.00, for the two lots. Statement relative to the condition of the Revolving Fund was received from Mr. Morse. The meeting adjourned at 10:20 P.M. A true record, Attest : ----V,"4"9 c-- Assistant lerk t \ --,! L S