HomeMy WebLinkAbout1948-08-09463
SELECTMEN'S MEETING
August 9, 1948
A regular meeting of the Board of Select-
men was held in the Selectmen's Room, Town
Office Building on Monday evening, August 9,
1948, at 7:30 p.m. Chairman Paxton, Messrs.
Emery, Driscoll and Nickerson were present.
The Clerk was also present.
At 7:30 p.m. hearing was declared open upon
the petition of the Boston Edison Company and the
New England Telephone and Telegraph Company for
joint or identical locations for the erection or
construction of poles to be owned end used in
common by them on Grove Street, approximately
1,200 feet south of Winter Street.
Notice of the hearing was read by the Chair -
There werethree persons present. No one
opposed the proposed location.
Mr. Emery moved that the petition be approved
and the order signed for the following pole location:
Grove Street, approximately 1,200 feet south of
Winter Street, one (1) pole, guy wire and anchor.
Mr. Driscoll seconded the motion, and it was so voted.
The Chairman declared the hearing closed at
7:35 p.m. and the group retired.
Mr. Edward Watson, 65 Reed Street met with the
Board to discuss his application for a Public Carriage
License.
The Chairman explained that the Board is some- Public
what concerned about the fact that so many individuals Carriage
have applied for Public Carriage Licenses and License
stated that the Board believes' in free competition,
but it may come to the point where there will be
no business for anyone.
Mr. Watson informed the Board that he is
married, has six children and is a carpenter.
During the winter months his work is slow and he
would like to operate a taxi for additional income.
He said that he would have it in operation the year
round and has a driver to start if the Board, grants
him a license. He stated that he will try to locate
someplace where there is a telephone.
man.
464
Mr. Watson has lived in Lexington for three
years and has purchased a home in Lexington. He
previously lived in Canada, but was born in the
United States.
Mr. Nickerson stated that if Mr. Watson
intended to have some other individual driving,
he would not be operating the business himself.
Mr. Watson replied that he would drive nights.
The Chairman stated that the Board would like
an opportunity to check on this a little further
and in all probability would not make a decision.
this evening.
Mr. Watson retired at 7:45 p.m.
Mr. DeFoe, Suptt. of Public Works, Mr. Burns,
Town Engineer, and ten other individuals met with
the Board for opening of bids for the construction
of water main&in North and Burlington Street.
The Chairman read the bids which were as
follows: Bid Check
Bagarella Construction Co., Inc.
Rosa and Todisco Constr. Co.
Susi & DeSantis Co., Inc.
Frank Di Censo & Co.
Domenick Zanni
George Brox, Inc.
Dingley Contracting Co.
Custance
claim
for
damages
Watertown $ 8,059.00 $ 402.95
Brighton 10,102.50 505.13
Boston 9,130.00 456.50
Dorchester 11,937.50 688.13
Reading 13,705.00 1,370.50
Hudson 8,780.00 439.00
Natick 7,865.00 500.00
The certified checks were returned by the
Chairman to Domenick Zanni, Frank DiCenso & Co.,
Susi & DeSantis Co., Inc. and Rosa and Todisco Con-
struction Co.
The group, with the exception of Mr. DeFoe,
retired at 8:00 p.m.
Mr. DeFoe reported on the accident involving
a car operated by Mr. Theodore A. Custance and a
town truck. He explained that Mr. Custance drove
up behind one of the town's army trucks on Gleason
Road when a sewer service was being laid. Mr.
Hutchinson, the town driver, claims that he looked
out and did not see anyone behind him and then
backed up. Mr. DeFoe stated that Mr. Custance
must have been very close to the truck and also
close to the grass plot which explains why the
driver could not see him. The bill for damages
to the Custance car is $15.10.
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Mr. Driscoll moved that the Superintendent
of Public Works be authorized to settle the claim
providing he is able to obtain a proper release;
the amount to be charged to the Sewer Services
Account. Mr. Nickerson seconded the motion, and
it was so voted.
Mr. DeFoe reported on the claim for damages Hodgdon
submitted by Ralph M. Hodgdon, 70 Reed Street. claim for
He said that the rear of Hodgdon's car *ent'doWn damages
in..the trench in Meriam Street. His car had to
be towed to the garage and the bill for ,repairs
is 038.10. Mr. DeFoe explained that the trench
was puddled.
Mr. Driscoll moved that the Superintendent
of Public Works be authorized to settle the claim
providing he is able to obtain a proper release;
the amount to be charged to the Sewer Laterals
Account. Mr. Emery seconded the motion, and it
was so voted.
At the last meeting, the Board requested Mr.
DeFoe to report on the condition of Robbins Road,
Mr. Ross having requested permission to use Town
equipment.
Mr. DeFoe said that the road is fairly well
washed out and there are some very large stones.
He stated that there should be some fine material
added, but it will not hold unless there is some
oil or something put on, which would take care of it
for awhile.
Mr. Finery inquired as to whether or not this is
an unaccepted street and the Chairman stated that it
is unaccepted.
Inasmuch as Mr. Gay had requested information
as to the condition of the street; action was post-
poned until Mr. Gay would be present.
Mr. DeFoe reported that he had conferred with
Clyde Booker relative to the Honor Roll who in-
formed him that Miss Florence Hamblin did the work
before. She does about seven names an hour and
charges $3.00 an hour. Mr. DeFoe talked with the
Atlas Sign Company, Boston and was given a price
of 2V per name, or twelve names for $3.00. A
representative from the Acme Sign Company promised
to come out over the weekend, but Mr. DeFoe has
not heard from him.
Honor Roll
466
The Chairman suggested that it might be
possible to purchase some heavy white cardboard
and have the Engineering Department Wrico them.
Mr. Emery said that if the Wrico would look
commercial, he would rather not have the names
done that way.
The Chairman suggested that Mr. DeFoe have a
sample for the next meeting of the Board.
Mr. DeFoe stated that W. John Baskin has
signed for sewer and water main extension in
Castle Road. He explained that there is just one
lot, owned by Mr. Carlson, which has not been
signed for, and presented a sketch showing the
Sewer and Board where the services will be installed. The
water for Board was of the opinion that the services should
Castle Road go the entire distance and Mr. Carlson should be
assessed.
Mr. Emery asked if there are sufficient funds
in the budget and Mr. DeFoe replied in the affir-
mative.
Mr. Nickerson moved that the orders be pre-
pared for the Board's signature. Mr. Emery seconded
the motion, and it was so voted.
Mr. DeFoe reported that request has been
received for sewer main in Smyth Street. There
are two abutters, but only one has signed, a Mr.
Cogswell whose cesspool is overflowing.
Mr. Emery asked if this particular street
was included in the budget and Mr. DeFoe replied
in the affirmative.
Mr. Emery moved that the order be prepared
for the Board's signature. Mr. Driscoll seconded
the motion, and it was so voted.
Mr. DeFoe presented bids for waterproofing the
steps at Cary Memorial Hall as follows:
Chester Newman Company $ 435
National Waterproofing Co. 500
Boleo Waterprafing Co. 532
Water- Western Waterproofing Co.,
proofing Inc. 395
steps at E. T. Schwamb Co. 1050
Cary Hall
1
467:
A brief resume of each bid was given and the
ohly concern that mentioned a guarantee was the
Chester Newman Company.
Mr. Nickerson moved that the contract be awarded
to Chester Newman Company at the quoted price of
$435 providing the guarantee mentioned in the bid
covers the area over which the work will be done.
Mr. Emery seconded the motion, and it was so voted.
Contract between the Town of Lexington and
Susi & De Santis Co., Inc. for the construction of
a water main in Grove Street was signed by the Board.
Mr. DeFoe said that Joseph Moretti, an employee
of the Public Works Department, is going on vacation Mental of
and has asked permission to hire the bulldozer to Town
widen out Rindge Avenue. Equipment
The Chairman explained that the Board is
reconsidering last year's policy of equipment
rental and chances are that no decision will be
made before Mr. Moretti goes on vacation.
Mr. DeFoe retired at 8:30 p.m.
Mr. Clarence S. Walker, Treasurer of the Lex-
ington Trust Company, Chief John W. Rycroft and
Officer John A. Russell met with the Board.
These individuals were requested to meet with
the Board because of a letter written to Chief
Rycroft, a copy of which was mailed to the Board,
in which Mr. Walker claimed that Officer Russell
stated over the telephone that "I will get you for
this if it is the last thing I do and you will pay
plenty before I am through with you."
The Chairman explained that the matter of a
loan obtained by Officer Russell through the Lex-
ington Trust Company is a personal affair and does
not come within the control or jurisdiction of the
Board of Selectmen. However, the statement quoted
by Mr. Walker is something which the Board cannot
condone. The Chairman said that if such a state-
ment
tatement was made there should be an apology and that,
in his opinion, this was something that no police
officer should have done. He explained that Mr.
Walker and Officer Russell had been requested to
meet with the Board in an effort to straighten
the matter out.
Clarence S.
Walker -
Complaint
468
Officer Russell said that he would make no
apology.
The Chairman asked if he would tell the Board
the circumstances.
Officer Russell explained that he was five days
overdue on a payment. He telephoned Mr. Newhall and
told him that he would take care of it.He said that
he has proof of having made payments in advance. The
next day he received a registered letter from Mr. Walker
which he thought was very sarcastic. Officer Russell
said that he again telephoned Mr. Newhall and asked
him what the story was. He explained that Mr. Walker
may not have understood that Officer Russell had
discussed this with Mr. Newhall.
Officer Russell said that he then received
another letter from Mr. Walker stating that he intended
to refer the matter to the bank's attorney.
He claimed that Mr. Walker was sarcastic over
the phone and he said that he did not say anything
that Mr. Walker charges him with. Officer Russell
said this is his statement and he will not apologize.
He said that if he were wrong, he would be the first
man to apologize.. He stated that he and Mr. Walker
have been the best of friends and never had any
trouble, that he has been very good to him any time
he went to him. .Officer Russell presented to the
Chairman a book indicating payments that have been
made in advance. Russell stated that he is now
paid in advance up to Obtober 15, 1948. He also
presented two letters which he received from Mr.
Walker. After reading the letters, the Chairman
presented them to the Other members of the Board.
Mr. Walker said that insofar as collecting
the obligation is concerned, that is his business
and certainly the Board does not want to enter into
it. He said that the only complaint he has, and
he is serious about it, is that he does not think
any officer of the law has the right to put a
citizen on the spot the way he has been put on the
spot. He said that is what promoted him to write
the letter. He stated that he is not asking the
Board to collect the obligation due the bank that
he can take care of that.
The Chairman said that he would like more
information. He said that Officer Russell has
given his side of the telephone call and claims
that he did not make the statement, and Mr. Walker
says that he did make it. He asked if there were
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469
any parts of the conversation that Mr. Walker
and Officer Russell could come to an agreement on.
Mr. Walker said that most of the conversation
was beyond repeating. He asked if Russell recalled
saying for Mr. Walker not to dare hang up the phone
until he got through telling him what he thought of
him.
Russell admitted that he did tell Mr. Walker not
to hang up the phone but denied that he used the word
"dare". He said that Mr. Walker could repeat any-
thing he said over the phone.
Mr. Walker said that his object in writing the
letter was to have it on record and if at any time
he should be picked up for a minor offense he wanted
this on record.
Russell said that he has been in the Department
for fourteen years and has never used his 1adge for
anything..
He asked if Mr. Walker ever had any trouble with
him and Mr. Walker replied in the negative.
The Chairman asked if the Board had any questions
and there were none.
Mr. Walker retired at 8:50 p.m.
The Chairman explained that he talked with Officer
Russell and Chief Rycroft because he had discussed this
with Mr. Lynch. If the statement was made and Officer
Russell apologized there would be no necessity of going
any further. He said that he mentioned the fact to
Officer Russell that things seem to multiply against
people and that this is the second complaint. The
other one was not official but came to the Board
about the police car being parked up at Lexington Manor
different hours. He said that he spoke to the Chief
about this.
The Chairman said that he has no brief for the
Lexington Trust Company and looking at the records
quickly it appears that Officer Russell did at times
make payments in advance. However, that is not with-
in the Board's jurisdiction. He said that the point
is, was the statement made or was it not made.
Officer Russell said that he did not say what
Mr. Walker claims he said and that is the truth. He
said that he would never apologize for something he
did not say. Officer Russell stated that if he did
make the statement he would be the first to apologize.
He claimed that Mr. Walker made the remark that he
would have his buttons off and that just because he
was a police officer he could not go around owing
money. He said that there was no language used
that could not be used before a lady. He said that
470
Tax
Title
Property
Tax
Title
Property
Mr. Walker did not swear and neither did he,
and that he would fight this to the end. He
admitted that he has been wrong many times but
this time he is not wrong.
The Chairman said that the Board is determined
to see that Lexington has one of the finest police
forces around. The Board believes that courtesy
is one of the first things to be had in a police
officer. He stated that the Board expects the co-
operation of all members of the Police Department
at all times. He said that the Board would think
the matter over.
The Chairman asked if the Chief or Officer Russell
had anything further to say and they replied in the
negative.
Officer Russell retired at 8:55 p.m.
The Chairman read the Chief's report for the
month of July.
The possibility of Route 128 traffic going out
Maple Street, up Massachusetts Avenue and over Marrett
Road was discussed. The Chief agreed to check with
the State on this.
The Chief retired at 9:15 p.m.
No action was taken on the Russell matter.
Further consideration was given to Joseph Moretti's
offer to purchase lots 197 and 198 Rindge Avenue.'
These lots adjoin property now owned by Mr. Moretti.
The Clerk was instructed to advise Mr. Moretti
that the Board would be favorably inclined towards
an offer of $25 for each lot, ana if he is interested
the lots will be advertised in the usual manner.
Letter was received from Robert G. Poirier,
18 Tucker Avenue offering 030 for lots 452-454 Banks
Avenue: The Chairman looked at the lots with Mr.
Potter, of the Committee on Tax Title Property, and
it is their recommendation that the Town retain
these lots until such time as it is determinedwhether
or•not this area will be required for drainage
purposes.
The Clerk was instructed to so advise Mr.
Poirier.
Application was received from Lovell Bus Lines,
Inc. for a license to operate buses for hire over
portions of the State owned highway known as
Access Road, leading to the Bedford Airport.
Cmi
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The Clerk was instructed to send copies of
both letters to Mr. Blackwell and the Planning Board
for recommendations.
The Chairman read a letter from Philip S. Gilman
stating that he has completed digging the foundation
for a house on veteran's lot #7. He has come to the
conclusion that it will be improbable for him to have
a septic tank work successfully because of poor drain-
age. He asked for an opportunity to change his lot
or have his money refunded.
The Clerk was instructed to advise Mr. Gilman
that lots 1 and 2.are available and he may have his
choice of either lot.
Application for a certificate of incorporation
was received form the Officer of the Secretary of
State on behalf of Samuel F. Parker.
Mr. Emery moved that the application be signed.
Mr. Driscoll seconded the motion, and it was so voted.
Report was received from the Dog Officer relative
to Mrs. Ingeborg Swenson's claim for damsges by
dogs. Mr. Trobino is the owner of the dog that killed
four of Swenson's chickens and the Officer informed
her that this is a civil matter between her and the
owner of the dog.
Upon motion of Mr. Emery, seconded by Mr. Driscoll
it was voted to approve Surety Bond F-90968 on behalf
of William S. Scamman, Tax Collector, in the amount
of $53,500.
Applications were received from the Lexington
Choral Society for permission to conduct concerts
in Cary Memorial Hall on November 12, 1948, December 12
April 8, 1949.
The use in November was granted subject to a
charge of $35.00, and the use in December was granted
free of charge.
The Board preferred not to grant a use so far in
advance and the Clerk was instructed to advise the
Society that the application for April 8, 1949 would
be considered sometime after the first of the year.
Letter was received from Edwin B. Worthen,
together with an account of the first Town Hall and
a suggested title to be framed with the picture
presented to the Town by Miss Susan Muzzey.
471
Veterans
lot
Certificate
of
Incorporation
Damage by
Dogs
s
Tax
Collector's
Bond
, 1948, and
Uses of
Halls
472
License
The Board suggested that the drawing and
quotation be taken to Stevens in Arlington to find
out whether or not the drawing can b e cleaned and
properly framed with the quotation.
The Clerk informed the Board thgt John Mazzeo
of Belmont, who now has a State Peddler's License
called at the office to inquire as to whether or
not the Board would issue a permit for him to
operate a Roller Diner in Lexington on Sundays.
It was the opinion of the Board that the request
should be denied.
The name of Daniel A. Cronin, 49 Forest Street
Election was suggested and approved as Deputy Warden for
Workers Precinct 2.
The subject of betterment assessments was dis-
cussed and it was decided to request the Town Counsel
Betterments to meet with the Board next week to discuss this
problem.
The meeting adjourned at 11:20 p.m.
A true record, Attest:
�lerk, electmen.