HomeMy WebLinkAbout1946-09-03 1
SELECTMEN'S M7+RTING
September 3, 1946
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
Lexington, Mass. on Tuesday evening, September 3 , 1946
at 7:30 p.m. Due to the fact that Monday, September
2, 1946 was Labor Day, the meeting was held on
Tuesday evening. Chairman Potter, Messrs. Rowse,
Sarano and Paxton were present. The Clerk was also
present.
At 7:30 p.m. Mr. James J. Carroll, Town Clerk,
appeared before the Board for the drawing of two Jurors
jurors.
Mr. Kieber Hall, artist, 95 Merriam Street, was
drawn to serve on Criminal Business, first session at
Cambridge.
Mr. Edward Carlson, electrical engineer, 82
Fottler Avenue, was drawn to serve on Civil Business,
first session at Cambridge.
Mr. Carroll retired at 7:32 p.m. , and Mr. Joseph
H. DeFoe, Superintendent of Public Works, appeared before
the Board.
Mr. DeFoe stated that the Board had requested him Vote
to inspect the lot at 77 Marrett Road, for which an offer Not
to purchase had been received. There is a brook running to sell
through this parcel of land, and Mr. DeFoe recommended Lot 77, ?
that the Town retain the property because of a possible Marrett `
drainage project. Road
Upon motion of Mr. Rowse, seconded by Mr. Sarano,
it was voted to advise Mr. Axel D. Wilson, who had sub-
mitted an offer of $100 for this lot, that the Board of
Selectmen preferred not to dispose of the property at
this time.
Mr. DeFoe said that he had a request for the Vote to
installation of a street light on Smyth Street. He Install
said that he had discussed this with Mr. Hitchcock of One
the Boston Edison Company. He said that only two Street
houses will be served. Light
Mr. Paxton said that he believed for the Smyth
protection of the Town, especially during occasions Street
when it is necessary to plow this area during the
night, he would recommend that the request be granted.
Upon motion of Mr. Rowse, seconded by Mr. Sarano,
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it was voted to authorize the installation of one
street light on Smyth Street.
Vote to Mr. De Foe stated that he had received a request
Install for one Street light on Dunham Street, and recommended
One that it be granted.
Street Upon motion of Mr. Rowse, seconded by Mr. Paxton,
Light it was voted to authorize the installation of one street
Dunham St. light on Dunham Street.
Mr. DeFoe said that he and Mr. Hitchcock of the
Vote to Boston Edison Company had investigated the request for
Install street lights on Blake Road. He said that he would
Four Street recommend the installation of four lights.
Lights on Upon motion of Mr. Rowse, seconded by Mr. Paxton,
Blake Road it was voted to authorize the installation of four street
lights on Blake Road.
Metcalf & Mr. DeFoe informed the Board that he has a copy of
Eddy' s a contract which was given to him by Mr. Shaw, the
Engineer to Metcalf and Eddy engineer, and which he has referred to
be put on Mr. Lynch, the Town Counsel.
Town of Lex. Mr. DeFoe stated that Metcalf and Eddy first quoted
a figure of $700 for the inspection of the North Lex-
ington Sewer Project, but now they want $950. He
Approve $950 stated that he thought the $950 should be approved, and
for General that the inspector now on the job should be put on the
.Engineering Town of Lexington payroll, therefor saving the 25%
Inspection which he is now being paid. Mr. DeFoe stated that
there would be a saving of $218.18 per month. He
said that the inspector has been on the job for one
month, and he will have to be paid the 25% for that
time.
The Chairman asked if such an arrangement had ever
been followed before. Mr. Paxton replied in the
affirmative.
Upon motion of Mr. Rowse, seconded by Mr. Paxton,
it was voted to authorize the Supt. of Public Works .
to include Metcalf and Eddy's engineer on the Town of
Lexington payroll, and approve a sum of $950 for
general engineering inspection in connection with
the North Lexington Sewer Project.
Mr. DeFoe reported that he has spent considerable
ttime with Metcalf and Eddy and also with the F.W.A.
f Payment He informed the Board that six sewer projects have been
Arrangements drawn up and estimates have been prepared as to the
on Various cost of each one. The total cost or the projects will
Sewer be approximately $650,000 which includes bolings,
Projects construction, engineering fees, etc.
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Mt. DeFoe said that Shaw would start to make the
survey and the government would finance 50% of the estimate
work and give the Town the money as soon as the project Metcalf &
is started. The Town will not receive the other 50% Eddy
until plans and specifications are completed. He saftd
that when 50% of the work is done, Shaw will finance the
project until the money is forthcoming from the government,
and the Town till then reimburse Mr. Shaw.
Mr. DeFoe said that the contract with the government
is such that the Town can accept this money without any
percentage attached to it. He said that the only time the
Town will pay any money, and it will be so stipulated in
the agreement, is when a project is actually started and the
loans are paid back when the project is completed.
Upon motion of Mr. Rowse, seconded by Mr. Sarano, it
was voted to request the Superintendent of Public Works
to obtain a contract as outlined this evening.
Petition was received from the residents of Woburn, Inatall'n
Vine, Cottage and Utica Streets requesting the install- of Curbing
ation of curbing.
Upon motion of Mr. Rowse, seconded by Mr. Saran, it Held Over
was voted to acknowledge receipt of the petition and advise 1947
the first signers of the petition that their request Budgets
will be considered when the budgets and program for
1947 are considered.
Petitions were received signed by the residents of Sewer
Spencer Street and Joseph Road, requesting sewer install- Install 'n.
ation. Held Mr
The Clerk was instructed to acknowlege the petitions 1947
and to state that surveys will be made and further con- Budgets
sideration will be given the requests when the 1947
budgets are considered.
At 8:30 p.m. the following department heads appeared
before the Board: George Emery, Chief Rycroft, Clyde Dept.
Steeves, James J. Carroll , William S. Seaman, Colonel Heads
Barry, Rev. Harold T. Handley, and Webster Thomas. Discussion
The Fhairman stated that the Board decided to of Salary
discuss possible salary adjustments to be recommended at Adjust-
the Special Town Meeting in October. He explained that meats
it was the intention of the Board to discuss the matter
before it had been made public .
Mr. Emery stated that the men in the Fire Department
were still interested in shorter hours as soon as advisable.
He said that they are now talking about a seventy-hour
week instead of an eighty-four week.
Mr. Thomas said that the situation relative to the
School Department is about the same as outlined by Mrs.
Morey two weeks ago. He said that because of the fact
that the School Department is on a definite salary schedule,
it would be necessary for them to go along on a flat sum rather
than a percentage basis. He said that they were calling it a
$25 per month salary adjustment.
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The Chairman gave all those present an opportunity
to express any ideas or suggestions, and after a lengthy
discussion upon motion of Mr. Rowse, seconded by Mr.
Paxton, it was voted to recommend an increase of 120
a 000 maximum for all Town employees, full and part time,
excluding the men in the Public Works Department and the
School Department, said increase to be effective with the
payroll period September 6, 1946.
The group, with the exception of George Emery and
Chief Rycroft, retired at 9:50 p.m.
The Chairman informed the Board that he had con-
Traffic ferred with Chief Rycroft relative to a communication
Congestion received from the First Parish Church pertaining to
Harrington traffic congestion along Harrington Road during church
Road hours.
It was decided that Harrington Road, extending
from :},assachusetts Avenue to Bedford street, should
be restrict$d to one way traffic on Sundays during the
period from 9:00 a.m. to 1 :00 p.m. , and traffic to be
permitted to enter from Massachusetts Avenue only.
Non- Mr. Emery read a letter addressed to the Board of
Contributory Selectmen stating that the Board of Fire Engineers
Retirement desired to have an article inserted in the warrant for
Police and the October Town Meeting, which would enable the Town
Firemen Meeting to vote upon the acceptance of pertinent
sections of Chapter 576 of the Acts of 1946. This
act pertains to non-contributory Retirement of Police
and Firemen.
Art. in Mr. Rowse moved that an article be inserted in the
Warrant warrant. Mr. Paxton seconded the motion, and it was so
voted.
Chief Rycroft retired at 10:10 p.m.
Mr. Emery stated that the Building Committee thought
Make Changes it would be a good ideatto include an article in the
in Plans warrant for the October Town Meeting which would enable
Bast Lex. the Town to vote authority to a majority of the Board
Fire of Selectmen plus a majority of the Building Committee to
Station make such changes in the plans and specifications for the
East Lexington Fire Station that they might feel desirable
either for necessity, economy, or otherwise.
Mr. Emery said that by doing this possible legal
complications may be eliminated.
Mr. Paxton moved that an article be inserted in the
Art. in warrant, if it meets the approval of the Town Counsel.
Warrant Mr. Sarano seconded the motion, and it was so voted.
Lex. Letter was received from Massachusetts Aeronautiaa
Fire Commission relative to the Bedford Airport receiving aid
Dept. Aid
Bedford Airport
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1 from the Lexington Fire Department.
Mr. Emery said that he and Deputy Chief Cook
had discussed the matter with Mr. Albert L. Edson,
Engineer of the Aeronauties Commission. Beginning
September 7, 1946, the military will withdraw their
protection on all the buildings which have been
turned back to the State, and Mr. Edson is trying to
secure funds from the State. In the meantime, he
wants protection from the Town of Lexington.
The Clerk was instructed to ask Deputy Chief Cook
his opinion on the matter before acknowledging this
letter.
Mr. Emery retired at 10:20 p.m.
Letter was received from JoUn F. Rich of the Committee
Committee on School Sites requesting an appropriation on School
of an additional $6,000 to defray the expense of ob- Sites
taining preliminary plans and an estimate of the cost Request
of construction of the proposed new high school . Approp.
Mr. Rowse moved that an article be insterted in Art.
in the warrant. Mr. Paxton seconded the motion, and in Warrant
it was so voted.
The Clerk was instructed to advise Mr. Rich that
he or a member at his committee should pe prepared to
present the vote to Town Meeting.
Letter was received from Roland B. Greeley, Chair- Town
man of the Committee for Selection of School Sites Farm
Advising the Board that his committee does not anticipate Not to
recommending the use of the Town Poor Farm Property for Be
school purposes. School
Site
Letter was received from Mrs. John G. Sexton
stating that she is willing to give an option of
$15,000 on the property at 1519 Massachusetts Avenue,
pending to the result of the October Town Meeting.
Mr. Rowse moved that an article be inserted in Article
the warrant. Mr. Sarano seconded the motion, and it in Warr.
was ao voted.
Letter was received from the Murphy General Russell,
Hospital stating that it was necessary to hospitalize Town Ace't
Major James. H. Russell, who was transferred to the Hospital' zd
Walter Reed Hospital for observation and treatment.
Letter was received from George H. Macbeth, $35 Compns'
temporary Town Accountant , stating that he believes for
Madbeth
(part time)
;a•
$35 a week to be fair compensation for his services
rendered on a part time basis.
Upon motion of Mr. Rowse, seconded by Mr. Sarano,
it was voted to inform Mr. Macbeth that his quotation to
the Board is satisfactory. The Board understands that he
will continue to carry along the Accounting Department until
Mr. Russell returns.
Request The Clerk informed the Board that bills had been
$140 received from the Town Counsel amounting to $140, inasmuch
Transfer as the funds in the Law Department - Personal Services
To Law and Special Fees Account had depleted, it would be necessary
Dept. to obtain a transfer.
Personal Mr. Rowse moved that the Appropriation Committee be
Serv. & requested to transfer the sum of $140 from the Reserve Fund
Sp. Fees to the Law Department - Personal Services and Special Fees.
Mr. Paxton seconded the motion, and it was so voted.
Use of Application was received f ram the Veterans of Foreign
Halls Wars for permission to use Estabrook Hall and a con-
ference room on September 11, 1946 and also on September
25, 194.6 from 8:00 p.m. to 10:30 p.m. for meeting.
Mr. Rowse moved that the uses be granted free of charge.
Mr. Sarano seconded the motion, and it was so voted.
Application was received from the Veterans of
Foreign Wars for permission to use Cary Memorial Hall
on the evening of September 18, 1946 from 8:00 p.m.
to 12:00 p.m. for an amateur show.
The Clerk was instructed to find out how many free
Held Over uses of the building was held over for one week.
Upon motion of Mr. Paxton, seconded by Mr. Sarano, it
Licenses was voted to grant the following licenses:
William Viano Motion Picture Theatre
William Viano Sunday movies
Upon motion of Mr. Rowse, seconded by Mr. Paxton,
Sign it was voted to sign the Coolidge Avenue Sewer Order in the
Coolidge following form:
Ave . Sewer
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COMMONWEALTH OF MASSACHUSETTS
1 Middlesex, ss. Town of Lexington
ORDER FOR CONSTRUCTION OF SEWER
COOLIDGE AVENUE
(From Adams Street northwesterly distant approximately
550 feet)
The Board of Selectmen of the Town of Lexington, acting in
pursuance of the provisions of Chapter 504 of the Acts of 1897
and all acts in addition thereto and in amendment thereof, and
of every other power and authority hereto enabling, at a meeting
duly held this 3rd day of September, 1946, has laid out and
voted to construct a common sewer in Coolidge Avenue , a public
way in said town, as more fully shownon plan entitled " Plan of
Proposed Sewer in Coolidge Avenue, Lexington, Mass. , April 45 1940,
Seale 1 in. = 40 ft. , John T. Cosgrove, Town Engineer", abutting
the premises numbered 11, 12, 17, 18, 24, thereon designated as
Lot 1, Lot 2, Lot 12, Lot 13 , Lot 14, Lot 6, Lot 10 and Lot 11
on the Assessors' plans and does hereby ORDER that the same be
constructed in said location. A plan entitled " Plan of
Proposed Sewer in Coolidge Avenue, Lexington, Mass. April 25, 1940,
Scale 1 in. = 40 ft. John T. Cosgrove, Town Engineer" was filed in
the Registry of Deeds at Cambridge, Mass. , on May 17, 1940 and is
in Book 6392 on Page 476. The work to be done all in compliance
with the vote taken at the Adjourned Town Meeting held on March 25,
1946 as follows: "VOTED That the Selectmen be authorized to
install sewer mains in such accepted or unaccepted streets as
may be applied for during the year 1946 in accordance with
St. 1897, Ch. 504, as amended, or otherwise, and to take by
eminent domain any necessary easements therefor, and to appropriate
the sum of 119,517.24 for said installations, this amount to be
provided by transfer from the Sewer Construction Federal Aided
Projects Account. "
That the work be done by, or under the direction of,
the Superintendent of Public Works who shall as soon as feasible
after the completion thereof, together with the Town Engineer,
compute the expense of the same and return to this Board an
account thereof, and that thereafter, one half ( 2 ) of the cost
of construction thereof shall be assessed upon the estates
especially benefited thereby, under and subject to the provisions
of Chapter 221 of the Acts of 1926.
And it is further ordered that a copy of this order,
attested by the Clerk of this Board, be filed for vectard in the
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Registry of Deeds for the Southern District of said '
County, as a statement of our action in the premises,
in compliance with the provisions of Section 27 of
Chapter 83 of the General Laws.
The assessments so to be made are estimated, and the
estates upon which assessments may so be made, are
numbering of said street or otherwise designated, as
set forth in the schedule hereto annexed and made a
part hereof.
/s/ William G. Potter
Majority
/s/ George W. Sarano
of
/s/ William C. Paxton
SELRCTMEN
/s/ A. Edward Rowse in
Lexington
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ATTEST:
/s/ Hazel J. Murray
Clerk, Selectmen.
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TOWN OF LEXINGTON
I Schedule of estimated assessments, and estates to be
assessed for construction of sewer in COOLIDal AVENUE abutting the
estates numbered below
House Lot Supposed Estimated
Number Number Owner Assessment
17 12 Walter C. Jr. & Elizabeth J. Smith $153 .00
(formerlyowned by Arlington Five
Cents Savings Bank)
11 pt.13 Bertha H. Horton 115.00
14,pt.13 Walter W. Rose 199 .00
24 6 Matthew Wilson 137.00
18 10 Clarence H. & Hilda Tinkham, t.by e. 99.00
12 11 Sarah E. Goodwin 108.00
1 Ruta M. Rowse 227.00
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TOWN OF LEXINGTON
Schedule of estimated assessments, and estates to be
assessed for construction of sewer in COOLIDGE AVENUE abutting the
estates numbered below
House Lot Supposed Certificate Estimated
Number Number Owner Number Assessment
1 Joseph S. Wier 53183 $
98.00
(formerly owndd by 39712
Floyd L. Palmer)
2 Robert J. & Helen M. 57476
Brown
(formerly owned by 39712 98.00
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Floyd L. Palmeri
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std
Upon motion of Mr. Rowse, seconded by Mr. Sarano,
it was voted to sign the Fair Oaks Terrace Water Order
in the following form
ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Mater Main.
FAIR OAKS TERRACE
(From Fair Oaks Drive southeasterly distant
approximately 450 feet)
WHEREAS, at a meeting duly called and held on March 25, 1946
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 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 1946,
subject to the assessment of betterments, and to take by eminent
domain any necessary easements therefor. " For the purpose of said
installations the sum of $10,000.00 tas transferred from the Water
Department Available Surplus Fund to the Water Construction -
Sundry Streets Account.
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 authority conferred upon
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 improvement for the purpose of constructing and
maintaining a water main in Fair Oaks Terrace from Fair Oaks Drive
southeasterly distant approximately 450 feet as aforedaid, the
following easement, namely:
The right to enter upon the land shown as Fair Oaks Terrace
on a plan entitled, "Plan of Proposed Water Main in Fair Oaks
Terrace, Lexington, Mass. , Scale 1 in.= 40 ft. , Sept. 3 , 1946, Jo0
T. Cosgrove, Town Engineer" and owned by William & Theodora P.
Shwarz, Richard A. Lutus, Leger G. Bisson, Charles H. Grandgent, Jr. ,
Gustaf E. Gustafson, Harold A. Conant, Charles W. Ryder, Paul Brooks
and Charles W. Ryder, and construct therein a line of water main
with all necessary connections, shut-offs, and appurtenances
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substantially as shown on a plan of John T. Cosgrove,
Town Engineer, dated Sept. 3, 1946, 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 tt 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 surface left in
as smooth and good condition as at the time of entry) .
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws. The area which it is expected will receive advantages
other than the general advantage to the community from such
improvement comprises the several lots shown upon the plan
of John T. Cosgrove, Town Engineer, 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
Lexingtbn, its successors and assigns, to its and their
own use and behoof forever agreeable to the provisions 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 here-
unto subscribed our names this third day of September, 1946.
/s/ William G. PotteinLECTMEN
/�/ George W. Sarano OF
/s/ 7Ailliam C. Paxt0ILERINGTON
/s/ A. Edward Rowse
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COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. September 3 , 1946
Then personally appeared the above named William G.
Potter, A. Edward Rowse, George W. Sarano and William
C. Paxton, 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,
is/ Hazd T. Murray
Notary Public..
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
FAIR OAKS TERRACE
(From Fair Oaks Drive southeasterly distant
approximately 450 feet)
Owner as of Jan. 1. 1946 Lot. No. Assessment
William & Theodora P. Shwarz 109 7.07
Richard A. Lutes 111 92.65
Leger G. Bissoh 110-A 50.00
Charles H. Grandgent, Jr. 110-B 50.00
Charles H. Grandgent, Jr. 110-C 50.00
Gustaf E. Gustafson 110-D 56.18
Gustaf E. Gustafson 110iE 54.53
Gustaf E. Gustafson 110-F 37.82
1 Harold A. Conant 110-G 37.82
Charles W. Ryder 110-H 54.53
Charles W. Ryder 110-I 56.18
Charles W. Ryder Pt. 110-J 25.00
Paul Brooks Pt. 110-J 25.00
Paul Brooks 110-K 50.00
Charles W. Ryder 110-L 50.00
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The Chairman informed the Board that it would be Combine
necessary to have a supply of Building Laws printed, and Building
inquired as to whether or not they desired to have Ali Plmbg
the Building and Plumbing Laws combined. The Adams laws
Press quoted a price of $350 for two thousand copies.
Mr. Paxton moved that the Building and dumbing Laws
be combined into one book, and that an order-be placed at
the Adams Press for two thousand copies at a price of 050
and be charged to the Selectmen' s Account - Expenses.
Mr. Rowse seconded the motion, and it was so voted.
The Board discussed transferring the Board of Appeals Transfer
work from the Selectmen' s Office to the Building Department, Board
inasmuch as the Town now has a full-time Building Inspector of
and girl in that department. Appeals
Upon motion of Mr. Paxton, seconded by Mr. Rowse, Work to
it was voted to transfer all Board of Appeals hearings to Building
the Building Department . Dept.
It was decided to meet on Thursday evening at 7:30
to go over the articles in the warrant with the Town Counsel.
A true record, Attest
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