HomeMy WebLinkAbout1946-10-28 81
SELECTMEN'S MEETING
October 28, 1946
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, Lexington,
Massachusetts, on Monday evening, Ocotber 28, 1946, at
7:30 p.m. Chairman Potter, Messrs. Locke, Sarano and
Paxton were present. The Clerk was also present.
At 7:30 p.m. Mr. James J. Carroll, Town ClerI ,
appeared before the Board for the drwwing of three jurors: Jurors
Mr. Alfred T. Ball , printer, 302 Marrett Road, was
drawn to serve on Civil Business, First Session, at
Cambridge.
Mr. Harold B. Lamont, Security Dealer, 20 Winthrop
Road, was drawn to serve on Civil Business , Second Session,
at Cambridge.
Mr. Fred E. Hersom, Insurance, 36 Blake Road, wad drawn
to serve on Criminal Business, First Session, at Cambridge.
Mr. Carroll retired at 7 35 p.m.
At 7:37 p.m. hearing was declared open upon the Custom
application of Custom Build Homes, Inc. for the Board of Built
Survey approval of proposed new roads and lots nn the Homes,
Custom Built Homes, Inc. property located off Spring Street. Inc.
Mr. Joseph H. DeFoe, Supt. of Public Works , Stanley Board of
Higgins, Assistant Engineer, and Edwin B. Worthen, Jr. , Survey
Chairman of the Planning Board and seven other persons Hearing
were present at the hearing.
Notice of the hearing was read by the Chairman.
The Clerk informed the Board that Mr. McLaughlin, the
contractor, had telephoned prior to the meeting that due to
circumstances over which he had not control, it was not
possible for him to be present until later on in the evening.
The plans and profiles were explained to the group by Mr.
Higgins.
The hearing was declared closed at 8:20 p.m. The group
with the exception of Messrs. DeFoe and Higgins and Worthen
retired.
Mr. Locke asked if the Planning Board had approved the
layout as submitted and Mr. Worthen replied that the over-all
plan has been approved.
Mr. Sarano asked if there was anything that the Board
of Selectmen, nettling as the Board of Survey, could due to
82
got
force the contractor to complete the houses already
stetted. He also asked if there is sufficient pUje to
to inatall water on the additonal layout.
kr. DeFoe stated that he expected to be abbe to have
the water installed before January 1, 1947.
Mr. Paxton asked if he had enough pipe for the new section
and Mr. DeFoe replied in the affirmative.
Mr. Locke mentioned that it did not seem economically
possible for the contractor to hold up on these houses
considering the investment that he must have in them.
Mr. Rowse arrived at the meeting at 8 35 p.m.
_Mr. Paxton moved that the Board ppstpone signing
the plans for two weeks. Mr. Sarano seconded the motion.
The Chairman suggested that before the motion was
carried, any decision be deferred until Mr. McLaughlin
had an opportunity to appear before the Board. He asked
Mr. Paxton if he would withhold his motion, and he replied
in the affirmative.
Mr. Higgins and Mr. Worthen retired at 8 40 p.m.
Hearing wad declared open upon thepetition of the
Boston Edison Company for permission to install three poles
on Burlington Street, southwesterly from North Street.
Mr. Peter Helburn was the only person present at the
hearing.
Mr. Helburn stated that he had no objection to the
Three poles, but he would like to have something done in an
Poles attempt to save the trees. He said that there are eight or
Burlington nine very large elm trews on the southerly side of the street.
Street The Chairman said that the petition would be referred
to Mr. Garrity, Tree Warden, and that an endeavor would be
made to save the trees.
The hearing was declared closed at 8:25 p.m. and Mr.
Helburn retired.
A decision on the petition was held over for one week.
Mr. DeFoe said that he had received a bid in the
Repairs amount of $180 from the National Slate and Tile Company
Roof for repairs to the roof of the Cary Memorial Building. He
on Cary also received a bid in the amount of $81 from a Mr. Beaman
Bldg. and said that he believed the work could be done for this
amount.
Mr. Sarano moved that Mr. DeFoe be authorized to accept
the bid in the amount of $81 for repairs to the roof of the
Cary Memorial Building. Mr. Rowse seconded the motion, and
it was so voted.
Ins. Mr. DeFoe said that he had talked with Converse Hill
relative to sprinkler insurance. Mr. Hill advised him that
the usual amount of sprinkler insurance is 5 per cent of
the valuation and inasmuch as the insurance appraisal will
be ready the latter part of November, he suggested that
nothing be done on the matter at this time.
R
8 'f- II
It was decided to defer any changes in the amount
of the sprinkler insurance coverage until such time as
the report of the appraisal has been received.
The Chairman read a letter from Mrs. Norman Wood- Robinson!,
ward, 19 Dexaer Road, stating that all the property owners Rd.
oil Robinson Road would like to have water installed on Water
that road. Req.
The Clerk was instructed to advise Mrs. Woodward
of the procedure required for the installation of a
water main.
A letter was received from the Boston Edison Company
relative to street lamp damage on Halloween. The
communication stated that the company would appreciate Boston
the Selectmen bringing this subject to the attention Edison
-tlr1s sa'=394z4.4&—thc att of the police. Co.
The Clerk was instructed to acknowledge the letter Street
and advise the Boston Edison Company that their Lamp
communication would be referred to the police department.Damage
Mr. DeFoe retired at 8:4.5 p.m. , and Mr. Macbeth, Hallo-
acting Town Accountant, appeared before the Board. ween
Mr. Rowse asked if the work in the Accounting
Department was behind.
IIMr. Maeheth stated that there was some work to be
done on the cash book and postings on the retirement.
He said that Mr. MoMenimem from the State had told the
girls in his department that in most cases they were ahead
of other Towns, with the exception of the cash book.
Mr. Macbeth stated that the Accounting Department
has in the past made up one original and three copies Time
of departmental budget sheets. Each department would Saving
then fill in the amounts estimated for the coming year System
and the Selectmen's Office would then type up six copies Budgets
for the Board of Selectmen and the Accounting Department
would type nine copies for the Appropriation Committee.
He recommended that his department cut stencils and run
the twenty copies off at one time and then have each
department fill in their estimates on the twenty copies.
He stated that this procedure would cut the work down
about 50 percent.
The Board approved Mr. Macbeth's suggestion.
Mr. l1acbeth informed the Board that Mr. DeFoe, Cha
Supt. of Public Works, has been holding up bills for over Chapter
tor
90
ninety days on Chapter 90 work. He said that in the Short
past the Town Treasurer has borrowed from the Term
Lexington Trust Company on a short-term loan, but as
84 oc
yet no action has been taken. He said that if the
money is not obtained between now and December, the
Town will lose out on the contribution from the State
and County.
Mr. Rowse asked what amount should be borrowed,
and Mr. Macbeth replied that the Town should obtain a
short-term loan of $1,000.
Upon motion of Mr. Rowse, segonded by Mr. Locke,
it was voted to request the Town Treasurer to obtain a
loan in the amount of $1,000 for a period of six months
for financing Chapter 90 maintenance.
Mr. Macbeth asked what the Board's re-action would
be to the possibility of increasing Miss Olson's salary.
He said that he realized that she had only been here a
short time, but he felt that she was worth more money.
He stated that she was a graduate of Chandler, a good
stenographer and typist. He informed the Board that her
position is set up for $25 a week and Mrs. Arner' s
position is set up for $29.30 .
The Chairman asked if Mr. Macbethwas recommending
that both girls be paid the amount set up in the budget,
and Mr. Macbeth replied in the affirmative.
Mr. Rowse asked how much training Mrs. Arner has
had,and Mr. Macbeth said she has had nine years! experience.
He said that the girls were carrying the office alone,
during the day, and the work is almost caught up and
more up-to-date than it has been for several months.
The Chairman said that the Board would discuss the
subject.
Mr. Macbeth retired at 9:10 p.m.
Mr. Paxton moved that the salaries of the two girls
be figured at their present rates, plus 120 and then
Increase add an amount to bring them up to the figures in the
Salaries budgets. The motion was not seconded, and, therefore,
Girls in lost .
Town Acct. Mr. Rowse recommended that the salaries be
Office increased to the amount set up in the budget, i.et ,
$25 and $29.30 and then they would automatically
receive the 12 $ increase , the 120 will then be on their
old salaries up to September 6, 1946.
Mr. Locke said he was in favor of increasing the
salaktes tothe amount set up in the budget and them
adding the 12i% increase.
Upon motion of Mr. Rowse, seconded by Mr. Sarano,
it was voted to increase Mrs. Arner's salary from
$25 a week to $29.30 a week, plus 12 %,effective Nov-
ember 7, 1946 and to increase Miss Olson' s salary
from $20 a week to $25 a week, plus 120, effective
November 7, 1946.
85
A letter was received from the "Bradford for Governor"
committee requesting a permit for the rise of a sound truck
on behalf of the candidacy of Robert F. Bradford for Deny
Governor within the limits of Lexington within the Sound
dates of October 26 to November 5. Truck
Mr. Rowse moved that the request be denied. Mr. Permit
Sarano seconded the motion, and it was so voted.
A letter was received from Mr. Daniel A. Lynch,
Town Counsel, relative to the Town of Lexington vs.
the Estate of Elizabeth Latter. Mrs. Latter was the
beneficiary of substantial payments made by the Town of
Lexington Board of Public Welfare and as of the date Lexington
of her death, the Town had expended for her support ve. Eliza-
the amount of $4,931.09. Since her death the beth Latter
Charlestown Five Cent Savings Bank, holders of a
mortgage on her property at 147 Woburn Street started
foreclosure proceedings. Mr. Lynch stated that he and
Mr. Burke, Counsel for the Estate of Elizabeth Latter
finally prevailed upon the Charlestown Five Cent Savings
Bank to suspend foreclosure proceedings until such time
as an effort was madd to sell the property in an open
market. The highest bidder offered $5,100 . Rather
than declare the estate insolvent and face the possibility
of the bank renewing foreclosure proceedings, Mr. Lynch
recommended that the Selectmen authorize him to discharge
the attachment now on the property, arrange for the sale
in the amount of 5,000, and compromise the Town' s claim
for the amount remaining after payment of the amount due
the Charlestown Five Cent Savings Bank, plus attorney's and
executor' s fees.
Mr. Rowse moved that Mr. Lynch be authorized to
proceed with the settlement as outlined in his letter.
Mr. Locke seconded the motion, and it was so- voted.
A letter was received from Rev. William J. Desmond So-called
stating that he has no objection to the project of the Adams
veterans on the so-called Adams School property. Sdhool
The Clerk informed the Board that no reply on
the subject had been received from Mr. Brayton.
Mr. Rowse retired and telephoned Mr. Brayton who
informed him that the Fallen Church Society is no longer
interested in purchasing the property and said that the
pcapexLy «uu fluid that the Board would receive a letter
to this effect.
A letter was received from the Town Counsel Legal Op.
reporting on a conference he had with Commissioner Payment
' Long in the State House concerning the votes taken Of
at the special Town Meeting on October 7 on Articles Salaries
7 and 11. Disapproved
By Com.
Long
86
Mr. Lynch said that in his opinion the statute
under which the Commissioner proposes, to act does not
give him authority to approve or disapprove the action
taken at the Town Meeting. He further stated that the
action in his 1pinion was legal and the money so voted
can b e transferred forthwith.
Mr. Long stated, and permitted himself tope quoted,
that if the Town follows Mr. Lynch's interpretaion
of the Statute and the Town Accountant approves payment
of salaries on the increased wage scale, he will do
nothing about it.
Commissioner Long does not propose to inititate any
litigation on the matter.
Upon motion of Mr. Locke, seconded by Mr. Paxton, it
was voted to put through the salary adjustment of 12i% on
the warrant to be signed November 4, 1946 and to so advise
Mr. James J. Carroll, Town Treasurer.
Selling & The Chairman reminded the Board that some vote should
Conveying be passed relative to selling and conveying the ten-foot
Strip of strip of land being a part of the Publica1Works property to
Land on Wallace Weisinger. The Board was authorized by vote of
Bedford the Special Town Meeting held October 7, 1946 to sell and
Street convey this land.
Upon motion of Mr. Paxton, seconded by Mr. Rowse, it
was voted to sell and -convey for the sum of $125, plus
$2. 50 recording fee, a rectangular strip of land ten
feet wide beginning at a point in the northeasterly sideline
of Bedford Street thence northeasterly distant 168 3 feet
to a point, thence northwesterly distant about 1684feet
to a point in the northeasterly sideline of Bedford Street
thence southeasterly distant 10.00 feet to the point of
beginning, containing about 1680 square feet, all as shown
on a plan entitled, "Plan of Land in Lexington, Mass. Scale
1 in. = 40 Ft. Oct. 22, 1946 John T. Cosgrove, Town
Engineer.
Purchase The Chairman reminded the Board that some vote should
Strip be passed relative to purchasing a triangular strip of land
of Land containing an area of about 440 square feet, beginning at
From Follen a point of Massachusetts Avenue at the intersection of the
Church Follen Church property to the Follen Church Society. The
Board was authorized by a vote of the Special Town Meeting,
held October 7, 1946 to purchase or enter into an agree-
ment to purchase this property.
Upon motion of Mr. Rowse, seconded by Mr. Sarano,
it was voted to purchase or enter into an, agreement to
87
a purchasetriangular stripof land beginning at a point
g
in the easterly sideline of Massachusetts Avenue thence
easterly-distant 161.30 feet to a point, thence northerly
distant 5. 50 to a point, thence westerly distant about
161 feet to the point of beginning, containing about 440
square feet , all as shown on a plan entitled, "Plan of
Land in Lexington, Mass. Scale 1 in. = 20 Ft. Oct. 14,
1946 John T. Cosgrove, Town Engineer. "
At 9.30 p.m. Mr. Charles McLaughlin of the Custom Custom
Built Homes, Inc . appeared before the Board. Built
The Chairman stated that the Board was disturbed Homes
because of rumors that the completion of the houses in
the Spring Street development were being held up purposely.
Mr. McLaughlin stated that just as soon as they have
the water they intend to put the gravel in and keep the
roads open.
Sarano inquired about the drainage and Mr. McLaughlin
stated that it would be put in just as soon as they had water.
Mr. Rowse asked about the completion of the houses.
Mr. McLaughlin replied that they have started fifty and
will have fifty more started by the first of the year.
However, before they begin construction on the second fifty,
the first group will have been finished . He said that they
had ran into difficulty in obtaining shingles and clap-
boards.
The Chairman asked if Mr. McLaughlin had flooring and
he replied in the affirmative.
Mr. McLaughlin stated that he has approximately $350 ,000
tied up in this development on which he is paying interest.
He said it would not pay him to hold up on the construction
of the houses.
Mr. McLaughlin retired at 9 55 P.m.
Upon motion of Mr. Rowse, seconded by Mr. Locke , it Approve
was voted to approve and sign the plait submitted by the & Sigg
Custom Built Home, Inc. entitled, "Subdivision Plan of P18t
Part of the Cutler Farm Lexington, Mass. Scale 1 in.= 100 Ft.CtiStom,i
Sept. 23 , 1946, Fred A. Joyce, Surveyor, Belmont, Mass. " Built
The Board also voted to approve and sign plans and Homes,
profiles entitled as follows. Inc.
"Plan and Profile, Woodcliffe Rd. , Lexington,Mass.
Hor. Scale 1 in.= 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7,
1946, Fred A. Joyce, Surveyor, Belmont , Mass. " (Sheet 1 of 3 )
"Plan and Profile, Munroe Rd. Ext . , Lexington, Mass. ,
Hor. Scale 1 in. = 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7,
' 1946, Fred A. Jpyce, Surveyor, Belmont , Mass. " (Sheet 2 of 2 )
Plan and Profile, Normandy Rd. , Lexington, Mass. ,
Hor. Scale 1 in. = 6 Ft. , Oct. 7, 1946, Fred A. Joyce,
Durveyor, Belmont, Mass. " (Sheet 1 of 2)
" Plan and Profile , Normandy Rd. , Lexington, Mass. ,
Hor. Scale 1 in.= 40 Ft. Ver. Scale 1 in. =,6 Ft. ,
Oct. 7, 1946,Fred A. Joyce , Surveyor, Belmont, Mass. "
( Sheet 2 of 2)
"Plan and Profile, Woodcliffe Rd. , Lexington, Mass. ,
Hor. Scale 1 in.= 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7,
1946, Fred A. Joyce, Surveyor, Belmont, Mass. " (Sheet 3 of 3 )
" Plan and Profile, Woodcliffe Rd. , Lexington, Mass. ,
Hor. Scale 1 in.-40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7,
1946, Fred A. Joyce, Surveyor, Belmont, Mass. " (Sheet 2 of 3 )
"Plan and Profile, Underwood Ave. Ext. , Lexington, Mass. ,
Hor. Scale 1 in. = 40 Ft. Ver. Scale 1 in.= 6 Ft. Oct. 7,
1946, Fred A. Joyce , Surveyor, Belmont , Mass. " (Sheet 2 of 2)
"Plan and Profile, Hudson Rd. Ext. , Lexington, Mass. ,
Hor Scale 1 in. = 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7,
1946, Fred A. Joyce, Surveyor, Belmont , Mass. "
Mr. McLaughlin' s Bond in the amount of $26,000 and
Agreeffient were also approved and signed by the Board.
Upon motion of Mr. Locke, seconded by Mr. Sarano, it
was voted to approve and sign Subdividion Plat entitled
"Plan and Profile of Castle Road, Lexington, Mass . Scales,
Hor. 1"= 11.0 ' Aug. 28, 1946. Albert A. Miller, Wilbur C. Nylander,
Civil Eng rs. & Surveyors, Lexington, Mass. "
Bond in the amount of $$3 ,000 and agreement were also
signed.
Public hearing on this subdivision was held on August
28, 1946.
The Chairman read a letter from the Chief of Police
submitting for the Board' s approval the names of Robert W.
Brant, 89 Bedford Street and Edmund B. Morelli, 611 Massachusetts
Pal►rolman Avenue for appointments as patrolmen in the police department
Lex. Pol- pending the establishraent of an eligible list .
ice Dpt. The Chief recommended the date of employment to be
effective November 18, 1946.
89
Mr. Rowse moved that the two individuals be appointed
temporary patrolmen in the Lexington Police Department
pending the establishment of an eligible list from the
Civil_Service List , date of employment to be as of
November 18, 1946. Mr. Paxton seconded the motion, and it
was so voted.
letter was received from Mr. Daniel A. Lynch,
Town Counsel, relative to the continuance of the so-
called Stevens Gravel Pit on Utica Street. Mr. Lynch Legal Op.
stated that in his opinion the curtailment of On Use Of
operation in the gravel pit from 1938 to 1941 and the Stevens
cessation or suspension of such business from 1941 Gravel
to 1945 does not as a matter of law amount to an Pit
abandonment of the right to use the property as a
gravel pit.
Mr. Rowse moved that the petitioners be advised of
Mr. Lynch' s opinion. Mr. Sarano seconded the motion, and
it was so voted.
The Chairman informed the Board that Clarence Walker,
Treasurer of the Lexington Trust Company, had called him
regarding the petition and he wanted to know what the
Board intended to do. The Chairman wanted to know whether or
not the Board would authorize him to advise Mr. Walker of
Mr. Lynch' s opinion.
The Board had no objections, and it was decided to
make a verbal report to Mr. Walker.
A letter was received from Mr. Gordon Richards Subdivision
declining the appointment to serve on the committee Poor Farm
appointed relative to the subdivision of the poor farm Tract
tract into lots for veterans.
The Qhairman said that he did not believe Mr.
Richards understood just what it is that the Board
wants the committee to do.
Mr. Paxton suggested that the committee be invited
to meet with the Board of Selectmen next Monday evening.
A letter was received from the Secretary of the Deny Use
Lexington Youth Committee requesting the use of a con- Of
ference room in Cary Memorial Building on the afternoon Con-
of the second 'Tuesday of each month for a meeting of ference
the Youth Committee and officers. Room
The Clerk was instructed to advise the committee
that the Board of Selectmen does not feel that it is
possible to grant this request inasmuch as the conference
room is in almost constant use.
90 o
1
Application was received from the Lexington Athletic
Booster Club for permission to use Cary Hall on the
evening of December 10, 1946, from 7:45 p.m. to 11 :00
BOosters p.m.
Use of Hall Mr. Sarano moved that the use of the hall be granted,
free of charge. Mr. Rowse seconded the motion, and it was
so voted.
Application was received from the New England
Recreational Coy.ncil requesting the use of a conference
room on the afternoon of November 7, 19464 from 1:00 p.m.
to 3 :00 p.m. for a meeting.
Use Of Mr. Sarano moved that the use of the hall be granted,
Room free of charge . Mr. Rowse seconded the motion, and it
was so voted.
Application was received from the Veterans of Foreign
Wars of the United States requesting the use of a con-
ference room and Estabrook Hall on the evening of November
20, 1946, from 8 :00 p.m. to 11:00 p..m.
Mr. Rowse moved that the use of the hall be granted
free of charge. Mr. Sarano seconded the motion, and it
was so voted.
Application was also received from the V. F. W.
Grant V.F.W. requesting the use of the conference room on the evening
use of of November 6, 1946 for an Auxiliary Meeting from 8 :00 p.m.
Confl to 10 :30 p.m.
Room Mr. Rowse moved that the use be granted free of
charge. Mr. Sarano seconded the motion, and it was so voted.
The Clerk informed the Board that the officers of the
Use of 4 H Club would like to meet in the Selectmen' s Room on the
Selectmen' s evening of November 6, 1946.
Room Mr. Rowse moved that the use of the room be granted
free of charge . Mr. Paxton seconded the motion, and it
was so voted.
Grant The Clerk informed the Board that Mrs. Thomas had
Community requested permission on behalf of the Community Chest to
Chest Ther- erect a thermometer on the lawn in front of the Cary
memeter Memorial Building to be used during the present drive.
On Cary Lawn Mr. Rowse moved that the Community Chest be granted
permission to erect a thermometer on the Cary lawn. Mr.
Sarano seconded the motion, and it was so voted.
The Chairman informed the Board that there is nothing
in the Selectmen' s records to substantiate Mr. Lidberg's
claim that a previous Board of Selectmen had agreed to
install a water main for him. The Chairman said, however,
that the Lidberg' s were the only people who did not sue
the Town at the time property was taken in that vicinity
91
for the North Lexington Sewer.
The Chairman asked if the Board would be willing
to go along on a fifty-fifty basis with Mr. Lidberg.
Mr. Rowse asked how much the abatement would amount
to, and the Chairman replied approximately $800;
Upon motion of Mr. Sarano, seconded bz, Mr. Paxton,
it was voted to advise Mr. Lidberg that the Selectmen
would recommend the installation of a water main; said main
to be installed in 1947, and that an abatement of the
assessment would be made in the amount of 50%.
Mr. Rowse reported to the Board that he had talked
with Jasper A. Lane and learned that Mr. Lane works for
the bank from 9:00 p.m. to 4 00 p.m. , but he maintains Insur-
an office and a secretary for his insurance business. ance
He goes into his insurance office before reporting to Jasper
the bank, at noon and at 4 00 in the afternoon. Lane
Inasmuch as he does actually carry on an insurance
business, the Board felt that he was entitled to some
of the Town's business.
The Clerk was instructed to advise Mr. Lane that
the Selectmen have given further consideration to his
request for insurance and following a report of the
appraisal now being made the Boafd would allocate a share
of the Town's business to him.
The Clerk was also instructed to write the same
letter to Leslie Bull.
Mr. Paxton said that he thought the Board should take
some definite action on the recommendations submitted by
Mr. Macbeth, Acting Town Accountant, pertaining to certain
tima-saving changes in the Accounting Department. Adopt
Mr. Paxton moved that Mr. Macbeth's recommendations Time-
pertaining to certain time-saving changes in the Saving
Accounting System be approved with the understanding Changes
that all of the changes were not in violation of the Acct'ng
State system of Accounting. Mr. Rowse seconded the Debit.
motion, and it was so voted.
The Chairman informed the Board that no vote had Salaries
actually been taken relative to the salaries of the Of Hourly
hourly employees in the Public Works and Cemetery Depart- Empl-y-
ments. ees
Mr. Rowse moved that the adjustments proposed on Pub. Wks
August 19, 1946 be approved, effective as of September Cemetery
6, 1946. Mr. Sarano seconded the motion, and it was
so voted.
A true record, Attest:
J! Clerk