HomeMy WebLinkAbout1945-07-23 r
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SELECTMEN'S 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 She?don were
present. The Clerk was also present .
At 7 :30 p.m. hearing was declared open upon the Mr. David A
application of David A. Rix for permission to install Rix Gasoline
five underground tanks for the storage of 7,100 gallons Hearing
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 that he was representing Mr. Rix who
desired a permit to keep, store and sell gasoline at Filling
retail at the corner of Marrett Road and Waltham Street Station at
on the property owned by Mr. Rix. The petitioner has Four Acres
owned this property for seven years. Mr. Ryder gave the Marrett Rd.
Board a brief sketch of Mr. Rix for the benefit of the & Waltham
members of the Board who might not have been acquainted Street
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 he 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 business , 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 arldition put
on. Mr. Ryder presented a sketch showing the elevation,
and said that the ^uilding will be sixty-five feet long.
He said that they intend to erect a station which will be
second to none in +he 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.
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The Chairman stated that the notice advertising the
hearing stated five tanks . The Board felt that if the
api.lication were approved , it should be for five tanks , 111
and if at a later date it were necessary, an application
for additional storage of gasoline could be filed.
The Chairman asked if there were anyone present
in favor of granting the permit.
Clifford E. Ells, 335 Marrett Road, said that he
lived across the street, and he was very much in favor
of grantinp the petition.
Vernon D. Lindhall, 329 Marrett Road said that he
wished to be recorded in favor.
Mr. Schreider of the Sun Oil Company said that he
was also in favor of granting the permit .
Lawrence Bradshaw, 60 Outlook Drive, said that he
was in favor of granting the permit.
Mr. Marshall L. Tebbetts, 354 Waltham Street, said
that he had no objection to havinc another gasoline station
in this locality. He said that Mr. Rix had operated the
Jenney gasoline station for the past three years in a very
efficient manner. He said that Mr. Rix closes nights and
Sundays and intends to keep his proposed station in the
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
111
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 p'ranting of a perm t forthis
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,
Grant it was voted that the application of David A. Rix for
Rix permissirn to install five underground tanks for the
Appl. 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,
l Lots Arlington, appeared before the Board and said that he was
443-447 interested in purchasing Lots 443 to 447 on Banks Avenue,
Banks Ave . Lexington, and was willing to pay 6300.00.
Offer
223
1 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 hoard.
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
11 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 thr- t
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 them to serve .
Mr. Carroll said that Mary 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
voting machines, and Mr. Bowker of Brookline has written Machines
to Mr. Carroll and would like an appointment with the
' Board of Selectmen to discuss the machines .
224 00
RoC
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. T. 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.
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.
Pay Public Colonel Barry said that in March, 1936 a vote was
Works Dept. 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 thct 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.
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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 that 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, v;ith time and
a half for over time.
Upon motion of Mr. Sheldon, seconded by Mr. Sarano, Rescind
it was voted to rescind the vote taken by the Board on Vote on
March, 1936, i.e . , "that all Town Employees who are on Labor Hours
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 Vote on
for all over time. If a man is called to work for the Labor hours
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 Authorize
the Public Works Building, and that he would like Bids for
authorization from the Board of Selectmen to dispose of Sale of
them. He said that Mr. Hauck, the mechanic, has assured Old Wrecks
him that he could not use parts from these vehicles . At P.W.
Upon motion of Mr. Rowse, seoonded by Mr. Sheldon, Building
it was voted to authorize Colonel Barry to advertise for
sale the following equipment :
Chev. Coupe Pur. 1937 New
1929 Ford 12 T Dump Pur. 1930 Used
1934 Ford l2 T Dump Pur. 1936 Used
1928 Dodge 2 T Rack Pur. 1934 Used
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tri
At 9 :05 P.M. Chief John W. Rycroft of the Lexington
Police Department and Lt. Novak of the Bedford Air Base
Lt. appeared before the Board.
Novak Chief Rycroft introduced the Lieutenant and retired.
Army Air Lt. Novak said that August 1, 1945 is the 38th
Force anniversary of the Army Air Forces, and that he is taking
Day 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
Proc- public to an unusual air show with probably the greatest
lamat'n 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 Lt. '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'Seotions.
Lt. Novak retired at 9:15 P.M.
At 9:17 P.M. Commander Thomas Brown of the V.F.W. and
V.F.W. three other Veterans appeared before the Board. Mr.
List Roland Garmon, speaker for the group, said that they felt
of that the Town Clerk should have the official list of
Persons individuals from Lexington who are serving with the Armed
in Forces. He said that the American Legion list is property
Armed of the Legion, compiled by them and held by them. They
Forces 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, of
which he is Chairman, was authorized by the Town Meeting, mad
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.
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 con+
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 Priority
to reapply as soon as he received a letter from the Board Tractor
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 Order
reason or other the order had been canceled. He said that Salt
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.
228 00
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
Dumps 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.
Use of A letter was received from Joseph Monsignore requesting
Scraper the use of the Town Scraper to scrape Laconia Street.
The Chairman referred this letter to Colonel Barry also.
Ryder The Chairman read a letter from William C. Paxton
Water advising that Mr. Robert Ryder, Attorney for C . W. Ryder,
Abate- was about to request abatement of the water bills which had
menta been liened since 1939 .
It was decided to hold this matter over until the request
for abatement had been received.
The Chairman read a letter from the Pennsylvania Oil
Town Company requesting an opportunity to bid on the Town' s
I Oil supply of gasoline and oil.
and The letter was referred to Colonel Barry.
Gas
229
Mr. Sarano s aid that Gerald Cataldo would like to Purchase
purchase a small safe formerly used by the W.P.A. , and Small
offered the amount of 410.00. Safe
Mr. Rowse moved that the safe be sold as is and
where is for the sum of 410.00. 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 discharged their Fire
responsibility, and they accept the Selectmen' s decision Truck
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.
The Chairman read a letter from George W. Proctor, To Be
Clerk of the Selective Service Board. Mr. Proctor stated Billed
that when a soldier is discharged from the service he is for
then given a paper stating that he is discharged and he Veterans
needs copies Of this document to enable him to get a job, Discharge
arrange his insurance, etc. Mr. Proctor wondered whether Papers
or not the Selectmen would be willing to make some arrange- Copies
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 moved. 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 Building
soon as possible a full-time, fully-paid Building Inspect- Inspector
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 Lot 54
Spring Street, offering 4125.00 for Lot 54, Cary Farm, Cary St.
Spring Street. Advertised
' A letter was also received from Mrs. Catherine M.
Kenney offering 4300.00 for the same lot.
Mr. Rowse moved that a proposal to sell the lot
230 OD
a
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
Lot 74 Avenue, offering the sum of $25.00 for Lot 74, Summit
Summit Ave . Avenue, Lexington.
Offer 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
Lot 56 Coolidge Avenue, Lexington, offering the sum of $250.00
Prospect for Lot 56, Prospect Hill oad , Fair Oaks„-Lexington.
Hill Rd. Mr. Rowse moved that a proposal to sell the lot be
Advertised 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 the offer at the next meeting of
the Board. Mr. Sheldon seconded the motion, and it was
so voted.
Not to Mr. Charles Linehan'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. Louis
VanderWoude's offer of $100.00 for Lots 426 and 427,
Sell 426 Tucker Avenue, Lexington.
and 427 A ppoposal to sell these lots was advertised in
Tucker the July 12, 1945 issue of the Lexington Minute-Man.
Avenue A letter was received from Mr. Henry C. Olsen, 41
Baker Avenue, offering $150.00 for the same lots
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.
231
The Chairman informed the Board that the Board of Mindick
Health will issue a license to Morris Mindick to slaughter, Slaughter
providing Mr. Monsignore supervises the building. Unless House
Mr. Mindick has a license , there is no licensed slaughterer License
in Lexington, which works a hardship on the 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. V-J Day
Devine, Division of Accounts, no other Town has made inquiry Money
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 Outlook Drive to Embert D. Sanford
Lot 35 Robbins Road to Dominic F. & Agnes Ross
7144 B Plymouth Road to J. Milton Brown
Lot 37 Cary Street to Eben Johnson
Lots 197 Ta'belI Avenue to Walter D. & Ruth McGrath
198
Lots 88 Valleyfield Street to Anna Valihura
89
90
A true record, Attest :
le , zplectmen
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