HomeMy WebLinkAbout1948-07-12442
SELECTMEN'S MEETING
July 12, 1948
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room on Monday evening,
July 12, 1948, a t 7:30 P.M. There were present:
Chairman Paxton, Messrs. Emery, Gay, Driscoll and
Nickerson. The Clerk was also present.
A letter was received from Charles H. Mugridge,
123 Grant Street, stating that while driving his
Complaint car on Grant Street he ran over a large rock and put
a dent in the crankcase of his car. Mr. Mugridge
stated that he did not know whether this caused any
real damage to his car as he has not yet had it in-
spected. The Chairman said this is the liability
of the contractor and the Clerk was instructed to
advise Mr. Mugridge that a copy of his=:
443
that the application be approved. Mr. Emery
seconded the motion, and it was so voted.
The Chairman read a letter from the Board of
Public Welfare requesting a transfer of $6,000 to
the Public Welfare Expenses account, and a transfer Transfers
of $8,000 to the Old &ge Assistance Aid and Expenses held over
account. The Chairman said that he had talked to
the Town Accountant today and there is only $15,000
in the Reserve Fund. He said that it would not seem
logical to make these two transfers and the only other
possibility for obtaining the money would be a special
town meeting. He informed the Board that there is
also $9,400 to be paid in interest by December 1, 1948
and a town meeting should be called to take care of
these items.
At 7:40 P.M. Mr. Thomas Napoli met with the Board.
Mr. Napoli stated that he has received a bill for
interest on the deferred water betterment assessment.
He stated that if he was willing to pay interest there Napoli
would be no need of going through the procedure of Re: •
having it deferred. He said that he did not under- better -
stand why interest should be charged on a deferred went
betterment assessment. The Chairman explained that assess -
the Board had received a letter from the Town went
Counsel stating that under the provisions of
General Laws, Chapter 80, Section 13A, the Board of
Selectmen, after making an order for the assessment
of a betterment upon land which is not built upon,
may extend the time of payment of the assessment
until it is built upon or for a fixed time; interest
however, at the rate of 4% per annum must be paid
annually upon the assessment from the time the assess-
ment was made. Mr. Napoli said that he did not see
where his case came under Chapter 80. The Chairman
explained that all betterment assessments come under
Chapter 80. Mr. Napoli said that the work was not
done for his benefit. The Chairman explained that
ultimately the land is benefited and he did not believe
there is any question but that this would come under
Chapter 80. The Chairman explainedthat the Town
Counsel is, away for the rest of the month and asked
Mr. Napoli if he would be willing to wait until the
first of September, thereby giving the Board an
opportunity to check this further. Mr. Napoli
agreed and said that if it is going to cost him
money he would pay it but he would pay it under protest.
444
Approve
2nd
Cl as s
.Agent's
License
Complaint
Mr. Napoli retired at 7:45 P.M., and Messrs. Aruda
and Kenney, applicants for a second class Agent's
license, met with the Board.
The Chairman explained that the Board has received
a number of applications for a second class Agent's
license and many of the locations have no room to
store ears. He further stated that the Board has
also received complaints from authorized dealers.
He asked the applicants to explain just what they
have in mind. Mr. Aruda stated that he has a place
to keep two cars. He now has two trucks and a pick-
up truck. The Chairman said that where he now
has two oil trucks and a pick-up truck, his garage
facilities were pretty well taken care of. Mr.
Aruda replied that he has a lot of land at the rear
of his station upon which he pays taxes and he would
like to make some use of it. The Chairman asked if
this were a temporary arrangement or if Mr. Aruda
planned to construct a garage.
Mr. Aruda replied that he plans to have a garage
at some later date. Mr. Kenney stated that they are
trying to get the Dodge and Plymouth agency. Mr.
Aruda said that he intends to tear down the present
gasoline station and put up a new building. Mr.
Gay asked if there would be any space allowed for
garaging and Mr. Aruda replied in the negative.
Mr. Emery asked where the cars they intended to
sell would be kept. Mr. Aruda replied that he would
keep them at the rear of his station. Mr. Kenney
stated that he is in business in Concord and does
not intend to keep more than two cars in Lexington.
Mr. Emery asked if they intend to provide any
service. Mr. Kenney replied that the cars would
be sold with a thirty day guarantee. Messrs. Aruda
and Kenney retired; -at 7:55 P.M. Mr. Driscoll moved
that the application be approved and the license
signed. Mr. Gay seconded the motionr and it was
so voted.
The Chairman read a letter from Charles M.
Copeland with reference to the water supply to his
home on Ridge Road. A letter from Mr. DeFoe relative
to the possibility of contamination of Mr. Copeland's
well by cesspools that will be constructed for new
homes being built in that area was read. Mr. DeFoe
stated that he has investiggted the situation and
feels that Mr. Copeland is unduly concerned. A report
was received from the Health Inspector stating that
the nearest point of sewage disposal is at least
1
445
175 feet from Copeland's well and it is his
opinion that no possible contamination can be
caused to the well. The Clerk was instructed to
advise Mr. Copeland of the reports received from
the Supt. of Public Works and the Health Inspector.
The Chairman read a letter from Damon B.
Stevens, 25 Highland Avenue, requesting a permit to Permit
discharge Cirearms on his property for the purpose
of exterminating vermin. Mr. Nickerson moved that
a permit be issued under Section 39 of Article 14
of the general By -Laws providing the Chief of PD.lioe
approves. Mr. Gay seconded the motion, and it was
so voted.
At 8:00 P.M. Mr. DeFoe, Sup't. of Public Works
met with the Board. He presented bids received from
the Neptune Meter Company and the Pittsburgh Meter
Company. He presented each member of the Board
with a copy. Upon motion of Mr. Emery, seconded
by Mr. Driscoll, it was voted to authorize the Supt.
of Public Works to place an order with the Neptune
Meter Company for the following:
150 5/8" Trident with 5/8"
10 3/4" " " 3/4"
10 1" " n 1"
1 2" Flanges " 2"
connections @ 15.75
connections 23.62
34.65
" 94.50
each
Bids
Mr. DeFoe informed the Board that the Hancock
School is insured in the amount of $138,000. Mr.
Paxton checked the appraisal made in 1945 and recommended
additional coverage of $112,300. He said that the
question arises as to whether or not the Board should
place an additional $141,000. as requested by Converse
Hill, based on Mr. Greeley's advice, or increase the
amount by $112,300. giving an insured value of
$271,000. Upon motion of Mr. Emery seconded by Mr.
Driscoll, it was voted to increase the insurance on
the Hancock School by raising it to $275,000.
Mr. DeFoe presented the Board with a sketch of
the properties on Shade Street against which the
water betterment assessments have been levied.
Some weeks ago the Board approved the abatement of
two betterment assessments and -Mr. DeFoe recommend-
ed the abatement of three more. The Chairman
explained that they should not have been assessed
originally and there is a moral obligation to these
people who have not requested abatements. Upon
Insur-
ance
Abatement
Better-
ment
Assess-
ments
446
Curbing
Woburn
Street
Grove Street
motion of Mr. Emery, seconded by Mr. Driscoll,
it was voted that the Sup't. of Public Works be
authorized to prepare abatement sheets on the
following;
Sergei and Cecelia P. Gaposchkin
Lots 236 & 237A Shade Street $ 75.02
Charles W. & Robert L. Ryder, Trustees
Lots 1 & 2 Shade Street 205.00
Mr. DeFoe stated that last year the Public Works
Department intended to lay curbing on Woburn Street
up to Utica Street but it was laid on both sides
of Woburn Street to within 115 feet of Vine Street.
He said he has no other requests for curbing except
one from Father McCarthy. The Chairman explained
that the Board has received requests from the Field
and Garden Club for curbing at Emery Park. He
suggested that 690 feet of curbing be laid on
Woburn Street' which will take care of the left
hand side up to Utica Street and any curbing left
over is to be used for Emery Park. The Board had
no objections.
Mr. DeFoe presented a blueprint of the proposed
Chapter 90 construction work on Grove Street. He
explained that the State will start work at Station
#13 and go to Station #33. The Chairman asked if the
work would be completed at that point and Mr. DeFoe
said that is their estimate. The Chairman inquired
as to the width of the roadway and Mr. DeFoe replied
that it would be 24' with 3' shoulders. The Chair-
man said that would be of no value because the
shoulders would wash out. He explained that the
State knows that the town has not had gravel shoulders
since 1934. He said that if they wanted it 30' wide
he approved that, but in his opinion they should not
put in 3' gravel shoulders. Mr. Emery asked if the
Board had any control. The Chairman suggested that
the Supt. of Public Works check with the State and
inform them that the Town would like a 24' pavement
with a 6" berm, but if they feel a 30' pavement
is essential, oil it for 30' and then put a 6"
berm to form a gutter. Mr. DeFoe said that he would
endeavor to have this done. He then explained the
drainage problem and the Chairman said he definitely
thought the drains should be put in. Mr. DeFoe
agreed. It was decided to have the proper drainage
44.E
plitt in and construct the roadway as far as
the money will allow. The Chairman said in
his opinion the job would be of no value with-
out proper drainage.
Mr. DeFoe said he had received a request
for the extension of a water main on Colony Water
Road and agreed to present it to the Board. Main
He said he would advise the petitioner that Request
he will try to have the extension made this
year.
Mr. DeFoe presented each member of the Board
with prices received for copper tubing. The Copper
Chairman informed the Board that during thewar Tubing
the only firm who supplied the town with copper
tubing was Pierce Perry Co. Mr. Emery moved
that the Suptt. of Public Works be authorized to
place an order with the.Pierce Perry Co. for
10,0001 of 3" copper tubing and to place an order
with the Red Hed Mfg. Co. for 210001 -of 17 copper
tubing. Mr. Gay seconded the motion, and it was
so voted.
The Board signed a contract for the construction
of sewers and appurtenances, Contract "A", said Sign
contract having been awarded to Greenough Bros., Sewer
Inc. of Waltham. - Contract
Mr. Burns, Town Engineers, and fourteen
other persons met with the Board for the opening
of bids for the construction of a water main in
Grove Street. .Bids received were as follows:
Dingby Contracting Co. $ 30;025.00
Ctfd. Check 1,500.00
J. J. Duey Construction Co. 35,477.00
Ctfd. Check 1,700.00
Frank di Censo
Ctfd. Check
Greenough Bros. Inc.
Ctfd. Check
George Brox, Inc.
Ctfd. Check
28,986.50
1,449.33
27,959.00
1,400.00
30,837.00
1,541.85
448
Water Cons.
Bids
Loud
Speaker
Geo. G.
Whiting
Death
;,icenses
Souci & De Santis Co. $ 26;310.00
Ctfd. Check 1,316.00
John Shea
Ctfd. Check
27,913.00
1,500.00
The group retired at 8:40 P.M. The Clerk was
instructed to return the certified checks of all
but the three low bidders. The Superintendent and
Town Engineer are to analyze these three bids and
they are to be considered at the next meeting.
The Chairman read a letter from Elwyn G. Pres-
ton, Chairman of the Cary Memorial Building Trustees,
with reference to the loud speaker purchased by the
Trustees for Cary Hall ten years ago. Mr. Preston
stated that he did not think the speaker should be
repaired but that a new one should be purchased,
and that under the circumstances probably the town
had better take over and either repair the old
one or buy a new one. The Chairman said this
would have to be included in the 1949 budget.
A report was received from the Board of Fire
Engineers together with a report from Lieutenant
Neal of the Police Department with reference to
the circumstances under which Call Fireman George
G. Whiting met his death;_ while fighting a fire
at the Mohawk Club on Cary Avenue, July 3d.
The Board of Selectmen sincerely regrets the
death of George G. Whiting which was the aftermath
of the catastrophic house fire on Cary Avenue on
on July 3, 1948. Mr. Whiting, who was appointed
to the Department in August, 1942; was a loyal fire-
man and a cnnseientious employee of the Town. The
sympathy of the entire Board is extended to his
family.
Upon the motion of Mr. &eery, seconded by Mr.
Driscoll, it was voted to approve and sign Wm.
Viano's Sunday Movie license and Countryside
Associates Sunday Golf License.
449
A letter was received from Mr. Lynch together Eminent
with anOrder of Taking by eminent domain of an
easement across land of Lexington Estates Trust. Domain
Mr. Lynch requested the Board to execute the
Order and have the original recorded. He also Taking
enclosed a copy of a form letter to be sent to
Mr. Ryder and his brother after the Order of
Taking is recorded. The Clerk was invited to
invite Mr. Ryder to meet with the Board on
Monday, July 26th to further discuss the taking
in connection with the proposed North and South
Branches of the sewer projects.
Upon the motion of Mr. Emery, seconded by Mr. Sidewalk
Driscoll, it was voted that a granolithic side-
walk be constructed on the southerly side of
Massachusetts Avenue, a public way of the Town
of Lexington, on property at 1780 to 1788 Massa-
chusetts Avenue.
The Clerk informed the Board that another
complaint has been received from an individual
who deposited 15i in the postage vending machine Revoke
at the corner of Muzzey Street and Massachusetts License
Avenue. Neither coins nor stamps were returned.
Mr. Nickerson moved that the licnnse be revoked
Immediately. Mr. Gay seconded the motion, and -'it
was so voted.
A report was received from the Memorial Day Transfer
Committee to which was attached a list of expenses
approved by the Committee. The total amount
expended was $261.83 which is $11.83 in excess
of the appropriation. Mr. Emery moved that the
Appropriation Committee be requested to transfer
the sum of $11.83 from the Reserve Fund to the
Memorial Day Account. Mr. Driscoll seconded the
motion, and it was so voted.
The Chairman informed the Board that Represent- Selective
ative Ferguson telephoned her and stated that the Service
State is having some difficulty in obtaining some
one from Lexington to serve on the Selective Sert o e
Board. Mr. Ferguson would like the Board to recommend
some individual. Mr. Driscoll recommended Edmund J.
Costello and as an alternate, Eugene Buckley.
450
Veterans
Lots 2d
drawing
The Chairman read letters received from
Veterans relative to the progress they have made
in the development of their plans and specifications
for houses to be erected on the so-called "Poor
Farm". •Mr. James A. Collins, 10 Independence Road
who drew Lot #8 and Mr. John C. Howland, 15
Independence Ave., who drew Lot #1, both stated
that they desire to relinquish their lot. The
Clerk was instructed to return the•4100 deposited.
She was further instructed to write four veterans
from whom no reply was received and ask them
to advise the Board whether or not they intend
to build on the lots. It was decided to have a
drawing on July 26th for the five veterans who have
written to the Board inquiring as to whether or not
any other lots are available.
The Chairman read a letters from surrounding
towns and cities relative to. the procedure for
constructing new streets and assessing betterments
therefor. No action was taken on the matter.
The meeting adjourned at 10:50 P.M.
A true record, Attest:
Clerk. S lectmen.
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