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HomeMy WebLinkAbout1943-10-11 313 SELECTMEN' S MEETING October 11, 1943 A regular meets of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 11, 1943, at 7 :30 P.M. Chairman Rowse, Messrs . Potter, Locke and Serena were present. The Clerk was also present. At 7:30 P.M. Messrs . Paxton and Lamont and a Mrs. LaRose appeared before the Board. Mr. Lamont said that Mr. Eugene LaRose of 169 North LaRosa Street , called him two or three weeks ago relative to the Well condition of the water in his well. Upon the request of Mr. LaRose, Mr. Lamont took a sample of the water and sent it to the State Board of Health. The report from the State advised that the water had a high color, and contained a large amount of organic matter and iron and bacteria, characteristic of pollution. The report further stated that the water should not be used for drinking or culinary purposes . Mr. Lamont informed Mr. LaRose that the water should be boiled before it was used. Mr. LaRose submitted a sample of the water which had been boiled and there was 1/16 of an inch of sediment which had settled on the bottom. The State Engineers said that this was probably iron and not harmful. Today, another State Engineer checked the well. He said that there was no use in doing anything insofar as the well is located in the wrong place, being only 75' from a swamp. He suggested that Mr. LaRose dig a well on higher ground nearer the house . If this were done, there might be iron in the water but it would probably be good water. Mr. Lamont said that Mr. LaRose had requested him to take this matter up with the Board to see whether or not the Board would authorize the installation of a water main a distance of approximately 800' . The Chairman asked what the cost would be, and Mr. Paxton said approximately $2,500.00. He said that there would be betterment assessments on both sides of the street. A Mr. Mercadante owns property on the northeasterly side of the street and the Mercadantes are not in a position to pay the betterment assessments . Mr. LaRose would have to pay between $400.00 and ` 500.00. Mr. Paxton said that even if the Board authorized the installation of the water main there was no guarantee that it could be installed as permission would have to be obtained from the War Production Board. He said that it was possible the War Production Board would reject the request inasmuch as there was only one abutter to be served. The Chairman said that there seemed to be no alternative but to dig another well. 314 Mrs . LaRosa said that her son did not have enough money to have a well dug, but he could pay the betterment assessment if he had ten years in which to pay it. The Chairman said it did not seem wise for the Town to lay the pipe and stand a chance of it costing the Town $2,400.00 or $2,500.00. Mrs . LaRosa and Mr. Lamont retired at 8:45 P.M. It was decided to write Mr. LaRose that because of difficulty of obtaining pipe as well as the question of cost, the Board decided not to order this installation. Mr. Paxton said that the Lexington Field and Garden Club had requested the use of Estabrook Hall on the evenings of February 7, 1944, and May 15, 1944, for their regular meetings . Mr. Potter moved that the uses of the hall be granted, free of charge. Mr. Locke seconded the motion, and it was Uses of so voted. Halls Mr. Paxton said that Mr. Grindle had requested the use of Cary Hall for rationing for two days starting October 25, 1943. He informed the Board that on October 22, 1943, the V.F.W. were having a penny sale; on October 28, 1943 there will be a Cary Lecture and there will also be a use on November 2, 1943. Mr. Paxton stated that in all instates the chairs' will have to be put on the floor, and if the hall is used for rationing the charis will have to be removed. Mr. Potter moved that the use of Cary Hall for rationing be granted for October 25, 1943 and October 26, 1943. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that Mr. John Hossfield had requested Equip. the use of the cletrac tractor for hauling wood out of the Rental wood lot in the rear of Wood Street. The Chairman requested Mr. Paxton to check this location before he advised Mr. Hossfield that he could use the tractor. Mr. Sarano moved that Mr. Paxton be authorized to rent the equipment, subject to the usual charge, to be operated by the Town Operator. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton informed the Board that the bus shelter Bus to be erected at Five Forks would cost between $125.00 and Shelter $150.00. This estimate is on an 8' by 6? shelter. The Board decided to have Mr. Paxton proceed to have the shelter constructed. The Chairman read a letter from Mr. Wrightington Ross relative to the alledged claim of George J. Ross of Claim Weymouth for damages to his car as a result of hitting a water shutoff on Fuller Road. 315 Mr. Wrightington stated that the Town will not be subject to liability since this protruding shutoff is in a private way. However, a distinction between municipal water departments and other departments has been made because the Town charges for its water and receives revenue on a business basis on the use of its mains . Towns have, therefore , been held liable for negligence with respect to water mains when they would not have been held liable if other departments were in- volved. Mr. Wrightington recommended that Mr. Paxton make an attempt to settle with Mr. Ross, and obtain from him a general release. It was decided to have Mr. Paxton advise Mr. Ross that the Town was not liable, but would cooperate to the extent of paying one half of the bill. The Chairman read a letter from Lt. Commander Burroughs U.S.N.R. stating that during the next four to six months personnel in training at the Mark I trainer school which has been established at 177 Bedford Street will number at all times from sixty to ninety men. Lt. Commander Burroughs stated that an adequate solution of the housing problem has not been found in the canvassing of private homes in Lexington. He stated that it has come to his attention that the Barnes Estate, an ideally located piece of property, is not now in use, and he believes that this structure would accommodate sixty men ormore without difficulty. He said that it Navy would be of great assistance to the Mark I trainer pro- Quarters gram if it could be turned over temporarily to the Lexington Service Center to be administered as living quarters for the enlisted personnel. He said that arrangements could be made through the officer personnel of this school, for these men to pay a nominal sum per week for quarters in this building. He further stated that arrangements could be worked out with the Service Center and officers concerned. The Chairman asked Mr. Paxton what would have to be done to the property before it could be leased. Mr. Paxton replied that the water would have to be turned on and the heating apparatus checked to make certain it was all right. He stated that the budget was determined on no maintenance of the Barnes Property and, therefore, he has no money to spend on it. The Board felt that the Navy should take the entire building on a flat rental charge and assume full responsibility. Mr. Sarano moved that Lt. Commander Burroughs be advised that the building is available if some suitable arrangement could be made for the lease of the entire building to the Navy or some responsible person. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton retired at 8:10 P.M. 316 At 8 :15 P.M. Messrs . Donald G. Morse, William Dobzelicki , Edward J. Casey, Daniel:- J. O'Connell and Mr. Lamont appeared before the Board. That Chairman said in view of the conversations he had with Mr. Morse he thought it would be well for Mr. Morse to tell the Board what he had in :and relative to the setup at the slaughtering house now licensed in the name of Edward J. Casey and located at 76 Laconia Street, Lexington. Mr. Morse said that Mr. Dobzelicki is a man Slghtr. with whom the James F. Morse & Co. has done business and house it is customary in their business, because it is so highly & competitive, to finance people with whom they do business . Slghtr. However, in this case it was not a matter of financing License Mr. Dobzelicki , but Mr. Dobzelicki spoke to Mr. Morse some Horses time ago and said that he would like better premises fcr handling horses and for killing them with inspection. It is possible to kill horses for animal food without insepection, but Dobzelicki caters to a class of people who have kennels with high price dogs and he feels he should have inspection and give his customers that much assurance. Last June he asked Mr. Morse if he could tell him where he could find suitable slaughtering premises and asked if Mr. Morse could guide him and advise him as to what he should do relative to the Casey property in Lexington. Mr. Morse came to Lexington and talked to Mr. Casey and agreed to lease the property for a year with an option to purchase the property at the end of the year, or any time before the year is up. Mr. Morse said that he did not expect that there would be any question about the license for Mr. Dobzelicki to kill because of the letter that the had received from the Selectmen. He said that he had not consulted any lawyers or anything of that sort. The Chairman said that as he told Mr. Morse on the telephone there is a question of responsibility. He said that the Board was not interested in a location in Lex- ington to import animals for slaughter, no matter what the animals are. The Chairman said that the Board had no way of knowing who was going to assume the responsibility of the slaughtering house and the slaughtering. He also stated that the slaughtering license had been denied Mr. Dobzelicki for another reason and that is that the Inspector is hired to inspect cattle slaughtered for Lexington people . Mr. Morse said that there was a question in his mind as to the licenses. He understood that the man who owns the animals is the one to be licensed. The Chairman said that the Board issues a slaughter license and a slaughter house license. The slaughter house has only one license and Mr. Casey holds the slaughter house license at the present time. 317 r. Mr. O'Connell presented character references and stated that the responsibility would, of course, be with the James F. Morse & Co. He said that Dobzelicki would slaughterhis gh own horses but the company would be responsible. When Dobzelicki brings the horses to Lexington to be slaughtered Mr. Morse will be responsible for them. The Chairman said in that case Mr. Morse should have a slaughter house license, and Mr. O'Connell said that was correct. Mr. O'Connell said that he understood Mr. Whiting, the Inspector, had ample time to inspect the slaughtering but he has not the time to give the Town for 0800.00 per year. Mr. O'Connell said that, of course, the James F. Morse & Co. had no right to negotiate with Mr. Whiting. The Chairman said that Mr. Whiting inspects slaughtering and there is no charge made as it is for Lexington people only. He said that if the system is changed and a charge is made for slaughtering a full-time inspector would have to be employed and this would have to be handled next March. Mr. Potter explained that the slaughter houses in Lexington were primarily to accommodate the farmers in Lexington who raise the animals to be slaughtered. Mr. O 'Connell said that the James F. Morse & Co. is ready and willing to pay whatever it will cost and to comply with any suggestions the Board may have. They will take one day a week but prefer three if needed. The Chairman asked Mr. Dobzelicki how the horses were to be brought to Lexington, and he replied that they would be brought here by trucks ; they would not be seen coming in or going out and they would all come from Danvers . The Chairman asked if those present understood that the permit could be cancelled at any time , and Mr. O'Connell stated that they did. Mr. Potter said that the one thing which disturbed the Board was that no one seemed to assume any responsibility. The Chairman said that as he understood it the James F. Morse & Co. was going to lease the premises from Mr. Casey and make arrangements with Mr. Dobzelicki to use the slaughter house to slaughter Dobzelicki 's horses, with some agreement between Dobzelicki and the James F. Morse & Co. Mr. O'Connell stated that that was correct and Mr. Morse confirmed it. Mr. Potter asked Mr. Dobzelicki how many horses he would slaughter a day if he had a permit, and he replied that he would like to kill fifteen a day. He said that he would pay $8.00 a day and let it go at that, whether he slaughtered a whole day or one half a day. 318 sq Mr. Sarano asked Mr. Morse why he didn't have the horses slaughtered in Brighton, and Mr. Morse said that he was a competitor, and also he didn't think they wanted to kill horses in Brighton. The Chairman gave Mr. O'Connell a slaughtering license for Mr. Dobzelicki to complete and also an application for a slaughter house license to be filled in by Mr. Morse. The group retired at 8:45 P.M. Mr. Locke moved that a a] ughter house license be granted to the James F. Morse & Co. on the property at 76 Laconia Street , Lexington, and that the fee of $10.00 be waived, due to the fact that the company will use the same property under which a permit was granted to Mr. Casey Which expires April 30, 1944. Mr. Potter seconded the motion, and it was so voted. Mr. Sarano wished to be recorded in opposition. The Clerk was instructed to advise Mr. Wrightington that both the James F. Morse & Co. and Mr. Edward J. Casey will be liable on the same property but with payment of only one fee, and to request him to draW up a suitable slaughter house license to apply to this particular situation. Mr. Locke moved that Mr. William Dobzelicki be granted a slaughtering license for a period ending April 30, 1944. Mr. Potter seconded the motion, and it was so voted. Mr. Sarano wished to be recorded in opposition. The Clerk was instructed to hold the slaughtering license until Mr. Wrightington sends the slaughter house license. The Chairman informed the Board that Chief Rycroft IT turns had recommended that U turns be prohibited between Waltham Street and Wallis Court. Mr. Potter moved that an amendment to the Traffic Rules and Orders be prepared for adoption. Mr. Locke seconded the motion, and it was so voted. The Chairman read a letter from Mr. William M. Tax O 'Brion who had agreed to ay $350.00 for Lots 6 & 7, Taxle Section 3, on Marrett Road. The deed had been prepared Title by Mr. Wrightington ready for recording upon the payment Oof $350.00, plus $2.50 recording fee. Mr. O'Brion said that the Sun Life Insurance Company recommended that a land court title be put on the land before they would accept a mortgage, and it was doubtful whether any bank would grant a construction loan under present conditions . Mr. O'Brion said that he understood that it will cost between $150.00 and $200.00 to obtain a clear title. He suggested that the Town get a land court title and convey the land to him for the sum of $350.00, or make an adjustment in the price from $350.00 to $200.00. 319 The Board discussed the matter and decided to advise Mr. O'Brion that these lots would be sold to him for $350.00 net, but no lower price would be considered. He was also to be advised that if he did not want to pay this amount he could with-draw his offer. A letter was received from Rudolph Reinap, 95 Spring Tax Street,. Lexington, offering to pay $200.00 for Lot 42 on Title Spring Street. The Clerk informed the Board that this lot TiTitle was assessed for $500.00 and that Mr. Spencer recommended accepting the offer. Held It was decided to hold the offer over for one week. Over The Chairman read a letter from Enrico Sanseverino stating that he would be willing to pay $150.00 for Lots 65 and 66 on May Street and Lot C on Bowker Street. He stated that it was his understanding that for this price Sanseverino the lots would not be staked out or surveyed by the Town Tax A proposal to sell these lots was advertised in the Title October 7, 1943 issue of the Lexington Minute-man. .No Sale persons contacted the Selectmen's Office as a result of advertisement. Mr. Locke moved that the offer be accepted and that Lots 65 and 66 on May Street and Lot C on Bowker Street be sold and conveyed to Mr. Enrico Sanseverino. Mr. Sarano seconded the motion, and it was so voted. The deed for a parcel of land, 435' x 400' on Grove Deed Street, Lexington, formerly in the name of Richard H. Griffin, conveying the land to Lt . Johnstone Fitz-Gerald, Signed was signed by the Board. Upon motion of Mr. Potter, seconded by Mr. Locke, it was voted to grant the following licenses : Licenses Grace B. Cole 41 Kendall Road Physiotherapy Lexington Theatre 1794 Mass . Avenue Sunday Movies Mr. Potter moved that the following sewer order for Sewer Bennett Avenue be signed. Mr. Locke seconded the motion, Order and it was so voted. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 25, 1940, duly adopted under Artcile 20 of the Warrant the following vote : "Voted: That the sum of $85,000. be appropriated for the construction of sanitary sewers with the co- operation of any agency of the United States as provided in General Laws, Chapter 40, section 5, clause 39; the said construction to be under the authority of Statue 1897, Chapter 504, as amended, and subject to the 3D) 2D assessment of betterments as provided in Statute 1939, Chapter 91 and 446; the said sewers to be constructed in some or all of the areas shown on the following plans on file in the office of the Town Engineer: "Lexington, Mass . Manor Sewerage System Consturction Drawings 1940 - Town of Lexington John T . Cosgrove, Town Engineer"; "Lexington, Mass. North Lexington Sewerage System- Scales Hor. 1" s 40' - Ver. 1" a 4' Dec. 1939 John T. Cos- grove, Town Engineer" ; "Lexington, Mass . Liberty Heights Sewerage System, Scales Hor. 1" = 40' - Ver 1" = 4' Dec. 1939 John T. Cos- grove, Town Engineer"; and that the Selectmen be authorized to construct or cooperate in the construction of any or all of such sewers and to take by eminent domain any necessary easement therefor; and that under the authority of and as provided in Statute 1939, Chapter 72 and 453 the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of $85,000. and to issue notes of the Town therefore payable in not more than ten years ." Voted: By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority conferred by Statute 1897 , Chapter 504 and Acts in amendment thereof and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Bennett Ave. southeasterly to Chase Ave. distant approximately 200 feet , substantially in accordance with a plan made by John T. Cosgrove, Town Engineer, dated April 18, 1940, and entitled, "Plan. of Proposed Sewers in "Liberty Heights" Lexington, Mass . , April 18, 1940 Scale 1 in. = 40 ft. John T. Cosgrove Town Engineer". Betterments will be assessed for this improvement in accordance with the provisions of Chapters 91 and 446 of the Acts of 1939. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows : That portion of those properties on each side of Bennett Ave. from Baker Avenue southeasterly to Chase Avenue distant approximately 200 feet. The said area comprises the several lots shown upon the plan hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. 321 Witness our hands at Lexington aforesaid this eleventh day of October, 1943. /s/ A. Edward Rowse Selectmen /s/ Errol H. Locke of /8/ George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Mass. Then personally appeared the above named A. Edward Rowse, Errol H. Locke and George W. Sarano and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed of the Board of Water and Sewer Commissioners in the Town of Lexington, before me, /s/ James J. Carroll Notary Public Term - March 14, 1945 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER BENNETT AVENUE (From Baker Avenue southeasterly to Chase Avenue distant approximately 200 feet. ) Owner as of January 1st, 1940 Lot. No. Assessment John C. & Katherine A. Hilton A $65.00 Town of Lexington 252-254 93.00 The Clerk informed the Board that Chief Rycroft should now be appointed Lockup Keeper. Lockup Mr. Locke moved that John W. Rycroft, Chief of the Lexington Police Department be appointed Lockup Keeper Keeper for the Town of Lexington for a term ending March 31, 1944. The meeting adjourned at 9 :15 P.M. A true record, Attest : Q � Cle*k