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HomeMy WebLinkAbout1945-07-23SELECT/ENS MEETING July 23, 1945 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 23, 1945, at 7:30 p.m. Chairman Locke, Messrs. Potter, Rowse, Sarano and Sheldon were present. The Clerk was also present. At 7:30 p.m. hearing was declared open upon the application of David A. Rix for permission to install five underground tanks for the storage of 7,100 gallons of gasoline at the corner of Waltham Street and Marrett Road. Mr. Rix, his attorney Robert L. Ryder, Mr. Schreider of the Sun Oil Company and four other persons were present at the hearing. Notice of the hearing was read by the Chairman. Mr. Ryder said thEt he was representing Mr. Rix who desired a permit to keep, store and sell gasoline at retail at the corner of Marrett Road and Waltham Street on the property owned by Mr. Rix. The petitioner has owned this property for seven years. Mr. Ryder gave the Board a brief sketch of Mr. Rix for the benefit of the members of the Board who might not have been acquainted with him. Mr. Ryder said that Mr. Rix had operated the Jenney filling station at the corner of Marrett Road and Waltham Street, and the manner in which he has conducted the bus:'ness is an example of what might be expected if he were allowed to do what he wants to do with the property on the other side. Mr. Ryder said that the building which Mr. Rix proposes to use is that location formerly known as Four Acres, and will be an alteration of the present building. It will be the exact same location, but 50% of it will be new construction. After a thorough examination with the Engineer of the Sun Oil Company, with whom Mr. Rix proposes to do butiness, they were able to figure out a way in which they were able to save one-half of the present building. The other half of the building will be torn down, and a new a!idition put on. Mr. Ryder presented a sketchshowing the elevation, and said that the 'euilding will be sixty-five feet long. He said that they intend to erect a station which will be second to none in the Town of Lexington, and Mr. Rix intends to follow his present schedule of closing on Sundays. Mr. Ryder said that the application should have been for six tanks, instead of five, with'a total capacity of 9,100 gallons, and he would like to amend the application if it could be done. 221 Mr. David A. Rix Gasoline Hearing Filling Station at Four Acres Marrett Rd. & Waltham Street 222 Grant Rix Appl. Lots 443-447 Banks Ave. Offer The Chairman stated that the notice advertising the hearing stated five tanks. The Board felt that if the application were approved, it should be for five tanks, and if at a later date it were necessary, an application for additional storage of gasoline could be flied. The Chairman asked if there were anyone present in favor of granting the permit. Clifford E. Ells, 335 Marrett Road, lived across the street, and he was very of granting the petition. Vernon D. Lindhall, 329 Marrett Road wished to be recorded in favor. Mr. Schreider of the Sun Oil Company also in favor of granting the permit. Lawrence Bradshaw, 60 Outlook Drive, in favor of.granting the permit. Mr. Marshall L. Tebbetts, 354 Waltham Street, said that he had no.objection to having another gasoline station in this locality. He said that Mr. Rix had operated the Jenney gasoline station for the efficient manner. He said that Sundays and intends to keep his same manner. Mr. Albert J. Gardner, 346 Waltham Street, was wondering if the station were built whether or not the Jenney Company would continue their station. Mr. Rix said that he had approached the Jenney Company, for whom he was working, before taking the matter up with the Sun Oil Company. He said that he had been unable to get any answer, and so he consulted the Sun Oil Company who put an attractive proposition, providing Mr. Rix manages the station. Mr. Rix said that neither station in this locality could now handle large trucks or trailers. He said that he owns four hundred feet up Marrett Road and three hundred feet up Waltham Street which he intends to keep open. The Chairman informed the petitioner that one individual, John M. Sullivan, 341 Marrett Road, had written in opposing the granting of a perm I t for this station.. Two letters were also received in favor of the station. The hearing was closed at 8:10 p.m. Upon motion of Mr. Serena, seconded by Mr. Sheldon, it was voted that the application of David A. Rix for permissicn to install five underground tanks for the storage of 7,100 gallons of gasoline at the corner of Waltham Street and Marrett Road be granted; subject to the approval of the Board of Fire Engineers. Mr. Joseph E. McDonald, 1520 Massachusetts Street, Arlington, appeared before the Board and said that he was interested in purchasing Lots 443 to 447 on Banks Avenue, Lexington, and was willing to pay $300.00. was was said that he much in favor said that he said that he said that he past three years in a very Mr. Rix closes nights and proposed station in the 223 The Chairman advised him to submit his offer in writing. Mr. McDonald dictated an offer to the Clerk which he signed and left with the Board. He retired at 8:20 P.M. Upon motion of Mr. Rowse, seconded by Mr. Sheldon, it was voted that Lots 443 to 447 inclusive on Banks Avenue, Lexington, be advertised in the Lexington Minute - Man, and that further consideration be given the offer at the next meting of the Board. At 8:21 p.m. Mr. James J. Carroll, Town Clerk, appeared before the 'Board for the drawing of two jurors. Jurors Mr. George A. Mallion, Secretary, 29 Wachusett Drive, was drawn to serve on Civil Business, First Session at Cambridge on the tenth of September, 1945. Mr. Harry W. Stone, Insurance Broker, 5 Patriots Drive, was drawn to serve on`Criminal Business, First Session at Lowell on Tuesday after the first Monday in September, 1945. Mr. Carroll said that because he had charge of the elections, he would like to make some recommendations relative to the appointments of election workers. He Election stated that Katie Wi-gins a Teller in Precinct One has Officers been committed to a mental institution, and Charles J. Dailey, the Warden in that Precinct, recommends the appointment of Hilda M. Carlson to replace Mrs. Wiggins. Mr. Carroll said that Franklin W. Coleman, Warden in Precinct Three, is employed at the Raytheon Manufact- uring Company, and has been unable to serve. Mr. Guy Maynard, Deputy Warden, according to Mr. Carroll, does not want the appointment. Mr. Carroll recommended that Mr. Sidney U. Robbins serve as Warden in Precinct Three. Mr. Carroll said that Patrick H. McDonnell, Deputy Clerk in Precinct Three, James T. McGann and Rosalie MacDonald, Tellers in Precinct Three, did not reply to his letters asking the to serve. Mr. Carroll said that Peary A. Spellman, Inspector in Precinct Four had moved to California; Daniel A. Gorman, Jr., Deputy Inspector, does not reply to his letters; Elizabeth Mansfield, Deputy Clerk, had never served; Rebecca B. Talcott, Teller, moved out of Town and Constance L. Thompson moved from Precinct Four to Precinct Two. Mr. Carroll said that he was very much interested in voting machines, and Mr. Bowker of Brookline has written to Mr. Carroll and would like an appointment with the Board of Selectmen to discuss the machines. Voting Machines 224 The Chairman asked how soon they would be available, and Mr. Carroll said that they are obtainable now and cost $1,100.00 each. The Clerk was instructed to make an appointment for Mr. Bowker. Mr. Carroll retired at 8:30 p.m., and Mr. Cann, Building Inspector, appeared before the Board. Building Mr. Cann said that on May. 16, 1945 there was a Permit fire at 354 Waltham Street. Mr. . A. Custance applied for a building permit, and Mr. Cann said that he told Mr. Custance that the cellar ceiling would have to be wire lathed and plastered with two coats of cement plaster, and Mr. Custance refused to comply. Mr. Rowse asked if it were necessary for Mr. Cus- tance to wire lathe the whole cellar or just the portion over the heater. Mr. Cann said that according to his interpretation of the Building Laws, it would be necessary to wire lathe the entire cellar. According to Article 16, Section 2, of the Building Laws "In all building of Second-class construction And in all dwellings, cellar ceilings shall be wire lathed and plastered, except over those portions not excavated to full depth and not occupied". There is nothing in the Building Laws pertaining to alterations of fire jobs. The Board felt that the interpretation was for new construction only. Mr. Cann retired at 8:40 P.M. RiC At 8:45 P.M. Colonel Henry B. Barry appeared before Floor the Board. Cleats Colonel Barry said that he had received a bid from Replaced Custance Bros., Inc. in the amount of $156.20 for replac- ing the floor cleats in the Cary Memorial Building. The Board felt that all the cleats should be replaced. Upon motion of Mr. Sheldon, seconded by Mr. Sarano, it was voted that the bid of Custance Bros., Inc. in the =•amouht of $156.20 be accepted. Colonel Barry said that in March, 1936 a vote was passed by the Board of Selectmen granting one-half dayts extra pay to all employees who go out at night, regardless of the time. If it is over four hours, they receive the regular rate and so many more hours. Colonel Barry thought this vote should be rescinded. He said that they now receive time and a half. Mr. Potter explained that if a man were asked to go out say for one half or three quarters of an hour and received only $1.75 they would refuse to do it, therefore, the above vote had been passed. Pay Public Works Dept. Colonel Barry said that he felt the situation should be more equalized. If the men are called out now they receive time and a half for over time. He explained to the Board how he felt the matter should be handled. He said that there had been several points brought up about the difference of the Park Department, who work eight hours a day, and the Highway men, who work ten hours a day. Mr. Rowse asked him if he had studied the situation enough: to make a recommendation. The Colonel replied that he believed fixed hours of labor at straight time should be equalized. He said that it was not fair to have the Park Department work eight hours straight time, and the other men work ten hours straight time. He said th&t he believed that the hours should be fixed at eight hours, with time and a half for over time. Colonel Barry said that ten hours a day is too long for a standard work week, and he felt that the labor should be put on a forty-eight hour week, with time and a half for over time. Upon motion of Mr. Sheldon, seconded by Mr. Sarano, it was voted to rescind the vote taken by the Board on March, 1936, i.e., "that all Town Employees who are on an hourly basis and are called out to work after hours be given a miniumum of one-half day's pay, and if the labor is in excess of four hours, that they be paid the regular rate." It was further voted that for the present, the standard work day for all hourly employees will be fixed at eight hours per day straight time and time and a half for all over time. If a man is called to work for the Town between the hours of 9:00 P.M. and 5:00 A.M., he shall be paid at the rate of time and a half, and will receive a minimum of three hours pay; said schedule to. become effective Friday, August 3, 1945. Colonel Barry said that there were five wrecks at the Public Works Building, and that he would like authorization from the Board of Selectmen to dispose of them. He said that Mr. Hauck, the mechanic, has assured him that he could not use parts from these vehicles. Upon motion of Mr. Rowse, seoonded by Mr. Sheldon, it was voted to authorize Colonel Barry to advertise for sale the following equipment: Chev. Coupe 1929 Ford 12 T Dump 1934 Ford 12 T Dump 1928 Dodge 2 T Rack Pur. 1937 Pur. 1930 Pur. 1936 Pur. 1934 New Used Used Used 225 Rescind Vote on Labor Hours Vote on Labor hours Authorize Bids for Sale of Old Wrecks At P.W. Building 226 Lt.' Novak Army Air Force Day Proc- lamat'n V.F.W. List of Persons in Armed Forces At 9:05 P.M. Chief John W. Rycroft of the Lexington Police Department and Lt. Novak of the Bedford Air Base appeared before the Board. Chief Rycroft introduced the Lieutenant and retired. Lt. Novak said that August 1, 1945 is the 38th anniversary of the Army Air Forces, and that he is taking over the publicity for the occasion as far as the Bedford Air Base is concerned. He said that the Air Base would observe open house on that day, and intend to invite the public to an unusual air show with probably the greatest assortment of planes ever held. He said that Public Relations Officers are contacting Mayors of various Towns with.the request that they issue a Proclamation designating August 1, 1945 as Air Force Day. Lt. Novak said that he understood the Selectmen act in the same capacity as a Mayor. Mr. Rowse asked jt.'Novak hbw the Proclamation should be worded, and he replied that it was up to the Board to compose it. Mr. Rowse asked if.it were to be printed in the local paper, and the Lieutenant replied in the affirmative. Lt. Novak asked if the Board would have any objections to his contacting the local tradespeople and request permission to place posters in their windows. The Chairman said that the Board would have no ob'eotions. Lt. Novak retired at 9:15 P.M. At 9:17 P.M. Commander Thomas Brown of the V.F.W. and three other Veteran appeared before the Board. Mr. Roland Garmon, speaker for the group, said that they felt that the Town Clerk should have the official list of individuals from Lexington who are serving with the Armed Forces. He said that the American Legion list is property of the Legion, compiled by them and held by them. They claim that the work was done on their own time, the material their own, and, therefore, the list is their property. He said that the War Parents have a list, but it not complete. Mr. Rowse asked what assurance Mr. Garmon had that the Town Clerk would be able to keep the list up to date. Mr. Garmon said that Mr. Carroll had assured him that he would be able to do it. Mr. Sarano asked if the Town Clerk had volunteered to do this work, and Mr. Garmon replied in the affirmative. Mr. Rowse asked if the V.F.W. wanted the Town Clerk to have charge of the list of all the men and women in the Services, and Mr. Garmon replied in the affirmative. Mr. Rowse explained that Mr. Hamblin could be requested to send the Town Clerk a list, inasmuch as the Committee, cd' which he is Chairman, was authorized by the Town Meeting, and money appropriated for the use of said Committee. Mr. Rowse said that the Town Clerk should have the record, but it should be made complete before being presented to him. 1 227 The Chairman assured the group that the list would ultimately be turned over to the Town Clerk for his records. Mr. Potter said that the appropriation was made for the Veterans' Committee, and that they should do the work. He said he did not believe that this Board would go on record asking Mr. Carroll to do any work pertaining to the compilation of such a list. Mr. Rowse said that he thought the Veterans' Committee would have to keep the list and then turn it over to. the Town Clerk when it is complete. He said that the Board of Selectmen has no authority to ask Mr. Carroll who is an Elected Officer to do this work. The Chairman asked Mr. Garmon if. the Veterans had requested Mr. Hamblin to give them a copy of his list, and Mr. Garmon replied in the negative. The group retired at 9:45 P.M. Colonel Barry said that an inventory should be made of the Public Works Building as soon as possible, and he would like authorization from the. Board to advertise what he coni. siders junk material to be sold at the time such stock tak- ing is made. Mr. Sheldon moved that Colonel Barry be authorized to sell items which he considered to be junk and no longer Authorize required by the Department, providing that it does not Col. Barry exceed $300.00 in value. Mr. Sarano seconded the motion, Sell Junk and it was so voted. The Colonel informed the Board that priority had been denied on the tractor. He said, however, that he was going to reapply as soon as he received a letter from the Board of Health relative to the Town Dumps. He said that he would recommend a transfer for the Road .Machinery Account of at least $1,500.00. The Chairman asked if he had sufficient data to submit to the Board to warrant a request for a transfer. Colonel Barry agreed to make a further study of the account and advise the Board at a later date. The Colonel said that an order had been placed with the International Salt Company for next winter, but for some reason or other the order had been canceled. He said that he would like authority to purchase two carloads at a cost of $800.00. Mr. Sheldon moved that Colonel Barry be authorized to place an order for next winter's supply of salt; the cost of which shall not exceed $800.00. Mr. Sarano seconded the motion, and it was so voted. Priority Tractor Order Salt 228 Colonel Barry said that he would like authorization Reimburse to reimburse Arthur J. Silva for replacement of his eye - Silva glasses which were broken on a sewer job, through no fault For of his own. Eyeglasses The Board had no objection, providing Mr. Silva presents a bill. ypralt Colonel Barry said that he thought the men in the Public Tablets Works Department should have salt tablets. For Men The Board had no objection to his obtaining a supply which he felt would be sufficient. The Colonel said that he had a meeting with the men in the Public Works Department, and they felt that they are ,Holidays entitled to New Year's Day and Washington's Birthday. Mr. Potter moved that New Year's Day and Washington's Birthday be added to the list of holidays now observed by the laborers in the Public Works Department. Mr. Sheldon seconded the motion, and it was so voted. A letter was received from the Board of Health relative to the so-called Town Dumps on Lincoln Street and Bedford Street. Colonel Barry requested that the letter be referred to him so that he may forward it to Washington in an endeavor to obtain a priority from a health angle on the tractor ordered several months ago. The Chairman read a letter from C. Merrill Dubay, 47 Lincoln Street, complaining about the dump. The Clerk was instructed to acknowledge the letter. Ch. 90 A letter was received from the Massachusetts Department of Public Works relative to the contract on Chapter 90. The Chairman referred the letter to Colonel Barry. A letter was received from Joseph Monsignore requesting the use of the Town Scraper to scrape Laconia Street. The Chairman referred this letter to Colonel Barry also. The Chairman read a letter from William C. Paxton advising that Mr. Robert Ryder, Attorney for C. W. Ryder, was about to request abatement of the water bills which had been liened since 1939. It was decided to hold this matter over until the request for abatement had been received. Dumps Use of Scraper Ryder Water Abate- ment s Town Oil and Gas The Chairman read a letter from the Pennsylvania Oil Company requesting an opportunity to bid on the Town's supply of gasoline and oil. The letter was referred to Colonel Barry. 00 1 Mr. Sarano said that Gerald Cataldo would like to purchase a small safe formerly used by the W.P.A., and offered the amount of $10.00.' Mr. Rowse moved that the safe be sold as is and where is for the sum of $10.00. Mr. Sheldon seconded the motion, and it was so voted. Qolonel Barry retired at 10:40 p.m. Ambulance Service Report for an ambulance call Ambulance placed by the Visiting Nurse Association was received. ,Bill The Clerk was instructed to send a copy of the rules and regulations governing the use of the ambul- ance to the Visiting Nurse Association. The Chairman read a letter from George W. Emery, Chief Engineer of the Board of Fire Engineers, stating that that Board believed that they had diacharged their responsibility, and they accept the Selectmen's decision relative to their request to transfer a sum of money from the Reserve Fund to buy a truck chassis for replacement of Hose No. 2. 229 Purchase Small Safe The Chairman read a letter from George W. Proctor, Clerk of the Selective Service Board. Mr. Proctor stated that when a soldier is discharged from the service he is then given a paper stating that he is discharged and he needs copies -9f this document to enable him to get a job, arrange his insurance, etc. Mr. Proctor wondered whether or not the Selectmen would be willing to make some arrange- ment with the Woburn Veterans' Committee to make these copies. The City of Woburn has a photostatic machine, and three copies can be made for approximately 60¢. Mr. Sarano mo`ved.that Selective Service Board be authorized to bill the Town of Lexington, War Activities Account, for any discharge copies given to Lexington Veterans. Mr. Sheldon seconded the motion, and it was so voted. The' Chairman read a letter from the Planning Board recommending that there be appointed immediately or as soon as possiblea full-time, fully -paid Building Inspect- or. The Clerk was instructed to acknowledge the letter, and advise the Planning Board that the Selectmen are in favor of the recommendation. A letter was received from Mrs. A. LaFortune, 69 Spring Street, offering $125.00 for Lot 54, Cary Farm, Spring Street. A letter was also received from Mrs. Catherine M. Kenney offering $300,,00 for the same lot. • Mr. Rowse.moveed that a proposal to sell the lot Fire Truck To Be Billed for Veterans Discharge Papers Copies Building Inspector Lot 54 Cary St. Advertised 230 Lot 74 Summit Ave. Offer Lot 56 Prospect Hill Rd. Advertised OD be advertised in the Lexington::.Minute-Man, and that further consideration be given Mrs. Kenney's offer at the next meeting of the Board. Mr. Sarano seconded the motion, and it was so voted. The Clerk was instructed to advise Mrs. LaFortune that a higher offer had been received. A letter was received from John S. Misnh, 19,Hill Avenue, offering the sum of $25.00 for Lot 74, Summit Avenue, Lexington. Mr. Sarano moved that Mr. Misch be advised that the lowest price acceptable to the Board for this particular lot is $50.00. Mr. Sheldon seconded the motion, and it was so voted. A letter was received from Elizabeth G. Wilson, 24 Coolidge Avenue, Lexington,offering the sum of $250.00 for Lot 56, Prospect Hill oad, Fair Oaks,.`:Lexington. Mr. Rowse moved that a proposal to sell the lot be advertised in the Lexington. Minute -Man, and that further consideration be given the offer at the next meeting of the Board. Mr. Sheldon seconded the motion, and it was so voted. A letter was received from Max Berman, 7 Massachusetts Avenue, Lexington, offering the sum of $100.00 for Lot 82, Lot -82 C.& D., Hibbert Street, Lexington. Hibbert Mr. Sarano moved that a proposal to sell the lot Street be advertised in the Lexington Minute -Man, and that further Advertised consideration be given t he offer at the next meeting of the Board. Mr. Sheldon seconded the motion, and it was so voted. Not to Mr. Charles Lineharn's offer of $800.00 for Lot 34A Sell Lot off Westview Street, was held over from last week. 34A Mr. Potter reported that he and Mr. Paxton had Westview inspected the sand pit and recommended that the property Street be retained by the Town. Sand Pit Mr. Rowse moved that Lot 34A off Westview Street, Lexington be held by the Town, and that Mr. Linehan be advised that the Board does not wish to dispose of the property at this time. Mr. Sheldon seconded the motion, and it was so voted. The Board gave further consideration to Mr. Louts VanderWoude's offer of $100.00 for Lots 426 and 427, Tucker Avenue, Lexington. A ppoposal to sell these lots was advertised in the July..12, 1945 issue of the Lexington Minute -Man. A letter was received from Mr. Henry C. Olsen, 41 Baker Avenue, offering $150.00 for the same loteS Mr. Sheldon moved that the offer submitted by Mr. Olson be accepted, and that Lots 426 and 427 be sold and conveyed to Mr. Henry C. Olson. Mr. Sarano seconded the motion, and it was so voted. Sell 426 and 427 Tucker Ave nue 1 The Chairman informed the Board that the Board of Health will issue a license to Morris Mindick to slaughter, providing Mr. Monsignore supervises the building. Unless Mr. Mindick has a license, there is no licensed slaughterer in Lexington, which works a hardship onthe local farmers who have hogs and cattle to be slaughtered. Mr. Potter explained that Mr. Monsignore had leased the property to Mr. Mindick, because of the fact that the O.P.A. would not approve the business unless the property were:leased by Mr. Mindick, inasmuch as Mr. Monsignore does not wish to carry on the business until his son returns from the service. Mr. Mindickts application was received rune 19, 1945, previous to the time the present Board of Health was appointed. Mr. Sheldon moved that a Slaughterhouse License be issued to Morris Mindick as of June 25, 1945. Mr. Sarano seconded the motion, and it was so voted. The Chairman informed the Board that according to Mr. Devine, Division of Accounts, no other Town has made inquiry relative to appropriating money for V -J Day exercises. According to Chapter 40, Section 5, Towns may appropriate money for public band concerts or for music furnished for public celebrations; the sum of which shall not exceed $,000.00. The Clerk was informed to advise Mr. Custance, Chairman of the V -J Day Committee that there would be no money avail- able until such an appropriation was made at a Town Meeting. Upon motion of Mr. Rowse, seconded by Mr. Sarano, it was voted to sign the following deeds which were prepared by Mr. Wrightington, Town Counsel: Lot 168 Lot 35 TIB Lot 37 Lots 197 198 Lots 88 89 90 Outlook Drive to Embert D. Sanford Robbins Road to Dominic F. & Agnes Ross Plymouth Road to J. Milton Brown Cary Street to Eben Johnson Tarbeli Avenue to Walter D. & Ruth McGrath Valleyfield Street to Anna Valihura A true record, Attest: le , leetmen 231 Mindick Slaughter House License V -J Day Money