HomeMy WebLinkAbout1949-06-27250
SELECTMEN'S MEETING
June 27, 1949
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room on Monday evening, June
27, 1949. Chairman Emery, Messrs. Gay, Driscoll,
Nickerson and Hoyt were present. The Clerk was also
present.
The Chairman read a letter signed by Mr. Spencer
with reference to the water betterment assessment levied
against t he Munroe property on Maple Street. Mr. Fred
Spencer and Mr. William G. Potter made an inspection of
the property on June 24th at the Board's request. The
letter stated that the land on both sides of the street
is comparable to the general topography of the balance
of the land on Maple Street. It further stated that
if the area adjacent to the street were laid out in
house lots of 100' frontage, with out town water avail-
able they would have a value of approximately $600., but
with water in the streets the lots now have a potential
value of $1,500.
Further consideration was g iven to Mr. Kendall L.
Johnson's petition for abatement of the water betterment
assessment. Upon motion of Mr. Nickerson, seconded by
Mr. Gay, it was voted to advise Mr. Johnson that in the
Board's opinion the land has been benefited to an extent
not less than the amount of the betterment already ass-
essed against the areas in question. Accordingly the
Board feels it would be unwarranted in granting any.
abatement.
At 7:30 P. M. Mr. and Mrs. Richard Tracy, 5 Butler
Avenue met with the Board to discuss the order issued
Dog by the Board on May 16, 1949, permanently restraining
Restraintthe Tracy's dog. The Chairman explained that on the
Order basis of the report made by the Dog Officer the Select-
menf elt that they had no recourse but to take the action
which they did. He said that the Board would be pleased
to hear what Mr. Tracy may have to say.
Mr. Tracy stated that he owns a pointer which he
uses for hunting. He also stated that he has two children
and his dog is used to children; that practically every
eveningbetween fifteen and twenty children gather at
his house to watch the television and the dog does not
cause any trouble. He stated that the little girl who
had the trouble comes in with the other chi.dren without
the knowledge of her parents. He stated that the dog, in
his opinion and in the opinion of the rest of the neighbors,
is not vicious.
251
Mr. Tracy said that one of his neighbors, across
the street, was looking out of his window and the little
Berglund girl was fooling with his dog. The neighbor
left the window and when he returned, attracted by the
girl's cries, he saw her laying on the ground and the
dog was walking away. Mr. Tracy said, "We took her to
the doctor". He said he went to see Mr. Berglund who
said he was sick over the whole matter and that Mr.
Tracy would have to get rid of the dog. Mr. Tracy said
he a greed to confine the dog.
He stated that Mr. Berglund's father-in-law, who
has a black dog, walks back and forth in front of Tracy's
house and the Tracy dog barks at the other dog. Mr. Tracy
said that one day his wife was out and took the Berglund
girl home and told Mrs. Berglund that the dog frightened
her.
The Chairman asked if this were the first incident
and Mr. Tracy replied in the affirmative. He paid that!
the dog knocked her down or something. Mr. Tracy told
the Board that he took his dog to the police station.
Sergeant Russell and Mr. Carroll, the Town Clerk, were
there and they looked him over. The dog did not appear
vicious to them.
He said Mr. Berglund c ame to see him and said he
was afraid the dog would grab the child's throat and
wanted him disposed of. Mr. Tracy told him he did not
think he should get rid of the dog. He s aid that the
Berglunds went to a lawyer and had a restriction put on
the dog. He then received a summons to go to court. He
explained that the Berglunds are suing him for 0,000.
Mr. Tracy said his point in coming in to meet with the
Board this evening was that the initial restraint of
the dog was the start of the law suit. He said it would
look bad for him to go to court and admit the dog was
permanently restrained by the officers of the town. Mr.
Tracy explained that the Berglunds keep very much to them-
selves and do not have anything to do with anyone else,
and the only time the child is allowed out is when she
gets out of the yard by herself. He said that he agreed
to get rid of the dog and spoke to Mr. Berglund who told
him he would have to see his lawyer. The Chairman asked
him when this happened and Mr. Tracy replied it was after
he received the Summons to appefr in court. The Chair-
man asked if it were after he received the Board's order
to restrain the dog and Mr. Tracy replied in the affir-
mative. He stated that he kept the dog restrained and
then received a summons to appear in court. He said that
Mr. Berglund agreed that if Mr. Tracy got rid of his dog
the case would be dropped but it never was.
The Chairman told Mr. Tracy that the Board did not
know anything about the law suit. He asked if Mr. Tracy
was familiar with the correspondence relative to this
matter and Mr. Tracy replied in the negative.
252
The Chairman gave him the written complaint re-
ceived by the Board. Mr. Tracy said that in fairness
to him he thought the matter should be decided by the
court but it is something against him to. have the r e-
straint on now where he hast old Mr. Berglund he would
be willing to get rid of the dog. He said that Mr.
Berglund told him he was so nervous that he lost three
weeks work. The Chairman asked if Mr. Tracy had a
lawyer and he replied in the negative. He said that
his employer is more or less interested in what happens
to him and they will arrange to get a lawyer for him.
He said they told him it would cost him $50 to get a
lawyer before the lawyer even knew his name. The Chair-
man asked if Mr. Tracy intended to engage a lawyer and
Mr. Tracy said he would hire one when he needed him.
The Chairman asked what Mr. Tracy thought the Board
should do. Mr. Tracy said he would like the Board to
drop the restriction and he would be willing to agree
not t o let the dog run around but that it would be all
right to take him out. The Chairman asked if he meant
under leash and he replied in the negative and stated
that the dog is well trained. The Chairman asked if
he thought he would be any better off if he were put
on the stand and asked if the dog had been restrained.
Mr. Tracy replied that he could then tell them that
the restraint has been lifted.
The Chairman suggested that Mr. Tracy write the
Board a letter confirming the discussion this evening
and request that the restriction be lifted legally,
upon his agreement to keep the dog under control at
all times. The Chairman said he did not mean the
Board will remove the restriction but they would have
something to work on. He said he wanted to make it
very clear that it would be necessary for t he Board to
vote on this. He said that the Board would consider
it very carefully and discuss it with the Town Counsel.
He said the Board was b oudn by the report of the Dog
Officer and the law is very specified about wh^t the
Board has to do. Mr. Hoyt said he thought it wou4d
be veil for Mr. Tracy to obtain some legal advice.
The Chairman aid that he thought Mr. Tracy should
engage a lawyer now who could possibly discuss this with
the Board of Selectmen f rom the legal point of view.
He said that as far as he could see all the Board
could do was to go on the report and reconsider the
subject with the advice of the Town dounsel, but he
thought Mr. Tracy should have a lawyer very soon. He
explained that the Board wants to be reasonable and
tries to do whatthe circumstances justify under the
law. Mr. and Mrs. Tracy retired at 8:00 P. M.
The Chairman agreed to write to the Dog Officer
and ask him to go and talk to several of Tracy's Neigh-
bors in an effort to obtain their opinion of the dog.
At 8:00 P. M. Mr. Ronald Brown and Mr. Winthrop
Bowker of the 19th of April Committee met with the
Board. He presented the Chairman with a letter ad-
vising the Board of a vote making four specific recom-
mendations. He explained that if the Committee is to
have a speaker for the 19th of April, 1950, something
should be done very soon and perhaps get ahead of the
other towns celebrating on that date. He explained
that the committee feels that they could do nothing
better than to ask President Truman to come here. Due
to the importance of the occasion they also thought it
might be possible to have the Marine Band of Washington,
D. C. to represent the President on Sunday afternoon.
This would be the principal event of Sunday.
Mr. Brown said his committee is not asking for cash
now but just to have some money available upon which
to draw for postage, etc. He said it was also brought
up at one of the meetings that the committee has no
name and it was suggested by him that it would be called
"The 175th Anniversary Elanning Committee". The Board
had no objection and it was agreed by all present that
this committee be known by this name.
In the letter presented by the committee was a list
of individuals whom the committee felt the Board should
invite to the celebration on the aftennoon of April 19,
1950. The Chairman mentioned the fact that there was a
bill before the legislature now authorizing the town to
appropriate money for this purpose. He stated that
Representative Ferguson called him today and informed
him that Concord's bill was limited to $25,000. Mr.
Brown said that his Planning Committee has not as yet
discussed any appropriation. It was agreed by the Board
of Selectmen that the figure of $25,000 be used. Mr.
Brown and Mr. Bowker retired at 8:25 P. M.
Upon motion of Mr. Gay, seconded by Mr. Hoyt, it
was voted to set aside $50.00 in the Unclassified
Account to be used for this committee.
253
Committee
19th of
April, 1950
Celebration
At 8:15 P. M. Mr. William L. Potter of 21 Fair Oaks
Terrace met with the Board. He said that between 5:00
and 8:00 P. M. there is practically no water pressure
at his home. He stated that a week ago he was not able
to get even e. Bless of water; however, it is not as bad
as that every night but many nights the pressure is
very low. He said it was his understanding that the
water main in Lowell Street would strengthen the system
and take care of this situation. He said he knows there
is nothing anyone can do about it. The Chairman asked
if he had any neighbors. Mr. Potter replied that there
is just one. The `'hairman asked if they had any diff-
iculty.and Mr. Potter replied in the affirmative.
The Chairman said he did not know what can be done
about the situation. From what the Town Engineer says this
condition exists only during a drought when farms and lawns
are being watered daily.
Complaint
re water
pressure
254
The Chairman asked if the condition was more
acute this year and Mr. Potter said it started earlier.
The Chairman said that the Board would look into the
matter, and although he does not know what the answer
will be, he will try to get some kind of a report on
it. Mr. Potter said he never has any trouble except
during the summer months, usually between 5:00 and 8:00
P. M. The Chairman said it would appear to him that it
is a question of a large number of people watering lawns
and Mr. Potter agreed. He retired at 8:25 P. M.
When Mr. DeFoe met with the Board later in the
evening the Chairman called his attention to Mr. Potter's
complaint. Mr. DeFoe explained that there are some very
large farms using water in the evenings as well as'private
individuals watering their lawns. He stated that Oak -
mount Circle and Shade Street are two of the worst places
in town. He said that three years ago there were hydrants
in town that didn't even have water in them and there were
also three houses without water. Apparently the only per-
manent solution is the installation of the proposed 12"
mains in the Fair Oaks Section. He agreed, however, to
check the complaint.
An application was received from the V. F. W. re
Use of questing permission to use Estabrook Hall and a Confer -
hall ence Room on the evening of July 6th from 8:00 to 11:00
P. M. for a meeting. Mr. Hoyt moved the use of the hall
be granted free of charge. Mr. Gay seconded the motion
and it was so voted.
The Chairman read a letter from Wallace Weisinger
Tax Title stating that he would be willing to pay $50 each for lots
Property 12 and 13, Block 95, Park Street. Mr. Nickerson moved
that a proposal to sell the lots be advertised in the
Lexington Minute -Man and that further consideration be
given the offer at the next meeting of the Board. Mr.
Gay seconded the motion and it was so voted.
The Clerk informed the Board that the bills for
the 19th of April, 1949, celebration total $1,309.96.
Transfer The appropriation approved was $1,200. From advice re-
ceived from the Town Accountant.it would appear that a
transfer would have to be made from the LeRoy Brown Fund
in the amount of $109.96. Mr. Hoyt moved that the Trust-
ees of Public Trusts be requested to transfer the sum of
$109.96 from the LeRoy Brown Fund. Mr. Driscoll seconded
the motion and it was so voted.
The Chairman explained that Mr. DeFoe had asked per -
Parking mission to have a Mr. Summers, representative of the Park -
Meters 0 -Meter meet with the Board. At 8:30 P. M. Mr. DeFoe and
Mr. Summers met with the Board.
255
Mr. Summers discussed his meter at length and in-
formed the Board that there would be no local represent-
tive and lila concern hires no lawyers. When a community
does business with a company it is done with the.faet-
ory representative. He said that in Massachusetts his
company has eighteen installations. The next manufactur-
er has something like ten. In New Hampshire there are
seventeen installations, sixteen of which are automatic,
and out of those sixteen his concern has fifteen. He
said that his company has outsold the next competitor,
which is Dual, more than two to one. He explained that
if the meter is our of order it will refuse money. The
price is $57.50 delivered and installed. If the installa-
tion is made by the company $4.00 should be added to
this price. They also have a cash meter that totals the
cash at a cost of $3.50 per meter. Quantity discounts
are given in anything over 400 parking meters. Mr.
Summers retired at 9:00 P. M.
Mr. DeFoe informed the Board that the bid for the
construction of a 12" water main on Bedford Street by
Charles L. Shea has been studied and it appears that
he is the low bidder at a price of $44,900. The Chair-
man asked if the contract had been prepared and approved
by the Town Counsel. Mr. DeFoereplied in the affirma-
tive. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll,
it was voted to award the contract for a 12" water main
in '-Bedford Street to Charles L. Shea, the low bidder, and
that the contract be signed by the Board.
Mr. Gay reported that he. and Mr. Nickerson have studied
the insurance policies and all those expiring on July first
are with agents now in business and eligible for the in-
surance with one exception. He stated that Paul R. Hed-
erstedt now has a policy in the amount of $45,000. Mr.
Gay said he had telephoned the New Hampshire Fire Insur-
ance Company and was informed that Mr. Hederstedt is no
longer in the insurance business. He is now connected
with the Victor Fence Company. Mr. Gay telephoned the
Victor Fence Company and was advised that Mr. Hederstedt
does work for them, is out of town until after July 4th,
and is no longer interested in the insurance business.
However, his father has taken over the business and
he lives in Belmont. Mr. Gay said he and Mr. Nibkerson
are ready to recommend providing Mr. Hederstedt is not
in the insurance business, that this police be renewed
through the office of Tracy Ames. The Chairman asked
if any consideration had been given to Mr. Ernest Rogers
and Mr. Gay replied in the negative.
Mr. Nickerson said he would like to get the Board's
opinion as to whether or not they agree on a policy of
more equalization with as few agents as possible. The
Chairman stated that from a private business point of
view this is highly desirable but there is a question as
256
Purchase
of
Pipe
Approved
Water Main
Approved
Grandview
Avenue
to how much insurance should be given to any taxpayer
who comes in and asks for it.
Mr. Gay stated that there will be some policies
coming up for renewal which may be placed with other
agents. Mr. Albert A. Carson has retired. Me has a
policy in the amount of $100;000.00 and Ralph H. Mar-
shall, who now lives•our of town, has a policy in the
amount of 30,000. Mr. Gosby-also has a policy in the
amount of $6,000 and he has moved out of town.
Mr. DeFoe reported that Paul Hederstedt's father
has been in to see him and asked what was going to be
done about the insurance policies. It was agreed to
authorize Mr. DeFoe to renew the following insurance
policies for five year periods:
Agent
Amount
Tracy W. Ames $ 75,000.00
Norman A. Downs 65,000.00
Robert Whitney 74,300.00
John Lamont 90,000.00
Robert C. Merriam 54,500.00
Samuel L. Fardy 50,000.00
William H. Ballard 38,000.00
If Mr.. DeFoe finds out for certain that Paul R.
Hederstedt definitely is no longer in the insurance•
business the policy which is now held by him is to be
renewed for a five year period through the office of
Tracy W. Ames.
Expiration Date
7/1/49
n
n
a
n
Mr. DeFoerequestedpermission to place an order
for one carload of 8" vitrified clay pipe. He reported
that he received a quotation from Waldo Bros. of .42 1/2
less 3%. Lexington Lumber Co. quoted .413 less 2%. Mr.
Nickerson moved that. Mr. DeFoe be authorized to place
an order for one carload of 8" vitrified clay pipe with
the Lexington Lumber Co. at the quotation of .413 less 2%.
Mr. Hoyt Seconded the motion and it was so voted.
Mr. DeFoe reported that he has obtained the signa-
tures of Ferry and Hallett for the installation of a
water main in Grandview Avenue. Both individuals are
building houses. It will require 240 feet of 8" pipe.
He explained that he has the pipe on hand and he doesn't
think the job will cost more than $600. However, he
said adding the cost of the pipe it may amount to about
$1,000. Upon motion of Mr. Hoyt, seconded by Mr. Dris-
coll, it was voted to authorize the Supt. of 'Public Works
to proceed with the installation of a water main in Grand-
view Avneue, for a distance of approximately 240•feet.
Mrs DeFoe reported that he has obtained approximately
two thirds of tie .signatures ( for both money and foota8$
for the installation of a WeiWe. in Tarbeli Avenue. Mr.
PENNI
071
1
257
Sewer
Nickerson moved that Mr. DeFoe be authorized to proceed Construction
with the construction of a sewer. Mr. Driscoll seconded Tarbell
the motion and it was so voted. Avenue
Mr. DeFoe requested a decision on the location
of parking meters and the type to be purchased. Mr.
Nickerson reported that he had casually discussed
this subject with Chief Bullock of the Arlington
Police Department. Arlington uses Dual and has had
very little trouble. Mr. DeFoe was instructed to
find out whether or not the Park -O --Meter oan be
blanked out; whether it is glass or plexiglass, and
to inquire about a firm bid of $51.00. Mr. DeFoe re-
tired at 10:08 P. M.
The Chairman read a letter from Mr. Garrity
Suptt. of Parks and P1aygDounds, calling the Board's
attention to the fact that one of the trees on the
Lexington Common is afflicted with the Dutch Elm
Disease. Ha expects to receive a report on this
from Dr. McKenzie of the University of Massachusetts.
A letter was received from Victor Palermo ofder-
ing $25.00 for Lot 24, Block 33, Avon Street. The
committee on tax title property thinks it would be Tax Title
advisable not to sell any lots in this area until Property
it has been determined where Route 128 is to be located.
However, if the route does not go through, this indi-
vidual would be the logical one to have the lot inasmuoh
as he owns the adjacent property. The Clerk was instr-
ucted to advise Mr. Palermo that in view of the uncer-
tainty at the moment as to the location of route 128
through this general area the Board prefers not to sell
this lot.
Tree - Dutch
Elm Disease
A letter was received from Margaret Ivusic, 420
Massachusetts Avenue, offering $50.00 for lot 55
Hillside Avenue. The Committee on Tax Title property Tax Title
does not recommend selling this parcel of land until Property
after some decision has been made as to what the town is
going to do with the lots on Hillside Avenue. Mr.
Driscoll moved that the offer be rejected and title
to the property be retained by the town. Mr. Gay seconded
the motion and it was so voted.
The Chairman reported that he had a dismission with
Mr. Powers of the Visiting Nurse Association and aaked
if he would like to meet with the Selectmen or the Chair-
man informally to discuss what the Association wants
the town to pay for. He°asked Mr. Powers to get his pro-
gram together and send a copy to the Board Of Health,
the Appropriation Committee and the Board of Selectmen.
The Chairman informed the Board that Roger Greeley
has conferred with Mr. Lynch relative to the bids for
V. N. A.
258
alterations on the Cary Memorial Library. The Chairman
also talked to Mr. Lynch today. Mr. Lynch advised him
that it is all right to proceed. He does not think there
is anything complicated in the question raised by Mr.
Burns, one of the bidders. He reminded the Board that
the low bidder for the Library alterations, according to
the opening of bids last week, was Chandler Construction
Company, 45 Newbury Street, Boston, whose bid was
03,975.00, alternate proposal "A" $700 additional,
alternate proposal "B", no charge.
Upon motion of Mr. Nickerson seconded by Mr. Gay,
it was voted that the Board of Selectmen select
the lowest bidder as the one to whom the contract for
the remodelling of the Cary Memorial Library will be
awarded. It was further voted that if any sub -bid is
rejected for any valid reason that there be the proper
substitution of a proper sub -bid" and if the low
bidder is willing to accept the substitution the con-
tract will be awarded to him and will be signed by the
Selectmen as soon as it is prepared and approved by the
Town Counsel.
It was decided to hold the next regular meeting
of the Board on Monday, July llth. The meeting -ad-
journed at 10:55 P. M.
>41/"Allelec en