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HomeMy WebLinkAbout1949-10-10390 SRTF;CTMENTS MEETING October 10, 1949 A regular meeting of the Board of Sele3ctmea was held in the Selectmen's Room, Town Office Building, on Monday evening, October 10, 1949, at 7:30 P. M. Chairman Emery, Messrs. Gay, Nickerson, Driscoll and Hoyt were present. The Clerk was also present. Mr. Robert L. Ryder met with the Board to discuss, for one thing, the Lincoln Street dump. He stated that Ryder he has been patient and claimed to have suffered vicar complaint iously. He said that he did not w ant.to reflect on any re: Dump member of this Board, but mer, ly wi she to -State that he thinks and believes. He informed the Board that he owns fifteen acres directly opposite from the dump and it has been of great injury to his interests, due to the fact that he has lost numerous sales in the last year and a half. He said that one of the neighbors near the dump has been trying for three years to have him sue the town, but he said that he does not :grant to do that for many reasons. He claimed that the man in charge of the dump is not running it as its hould be. He suggested that people not be allowed to dump within 25 or 30 feet from the street, control of papers blowing down the street, force dumping over the banking, and not to have contin- uous burning. He said that the dump has injured him per- sonally and will continue to do so even if there is just dumping there not conducted as it is now. The Chairman informed Mr. Ryder that Mr. Peter Hel- burn was also interested in this subject and had agreed to hold a meeting with a group of disposal men and report back to the Selectmen. However, such a report has not yet been received. He said that if Mr. Ryder had any constructive suggestions the Board would be delighted to have him submit them in writing. Mr. Ryder slid that he would be very glad to give the Board his ideas in writing. Mr. Ryder said that he would like to know what is going to happen to the North Branch sewer, because he would like to have his engineers do some resurveying. The Chairman explained that Daddario, the contractor, has defaulted and the bonding company has accepted the re- sponsibility for the contract and is asking for bids to com- plete the work. He stated -that it is doubtful if the work will be finished this year, but the Board is pressing the bonding company to complete the job. Mr. Ryder stated that he has an agreement with the town with respect to cleaning Vine Brook and he also gave the town an easement to straighten it at certain points. He said that he has been told for eight weeks that the work is -going to be done and now wants the Board to tell him what the situation is. 1 1 391 The Chairman said that he believed the work would Cleaning be started within two weeks. (When Mr. DeFoe met with of Vine the Board later in the evening he was instructed to start Brook this not later than November 1.) Mr. Ryder said that the town constructed a sewer in Eliot Road which passed the Parson property. Mrs. Parsons Sewer asked him several times to take this up with the Board. abatement He said as he understands the situation they can never use the sewer with respect to the basement of the house. It can, at some future time, by rather expensive alterations in the construction of the house, be utilized with respect to the'rest of the house. Mr. Ryder said that he felt Mrs. Parsons should -have a partial abatement of possibly 1/3 of the assessment., The Chairman said that he was under the impression this subject was discussed by the Board but the Selectmen will look into it again. Mr. Ryder retired at 7:55 P. M. Mr. and Mrs. Scurto met -with the Board. Mrs. &curto said that, as the Board knew, she has a little place in Lex- ington on Hillcrest Avenue. She said that Mr. Pryzmjeski has been causing a lot of disturbance. She said that he started to Complain about the street. She said that she never had a street. It was like this since her father bought the land. The land Mr. Pryzmjeski has is 30' in length and 20' in width and he has cultivated it for the last eight years. She said that she never said anything. She said that she does not Scurto know what the trouble is all about. The Chairman explained that the building owned by the Scurtos does not conform to the Building Laws of the Town of Lexington, as -the Board understands it, and it does not con- form to the Zoning Bylaw. He explained that 'then a formal complaint is made, the Board has no choice but to act upon it. He said that Mrs. Scurto has a lawyer who has been in contact with the Town Counsel and the ease will come up within a couple of weeks. Mrs. Scurto said that she does not want to go to Court. The Chairman stated that unless she is willing to do what the Town Counsel says whe must do to conform with the Building Code and the Zoning Laws, the Board has no alternative but to tell the Town Counsel to enforce the laws. Mrs. Scurto said that as she understands it this will never be a street, and asked what should prevent her from finishing the place with all conveniences so that she can live there. She said that she wanted to tinibh the building according to the plan that she has and stated that the is close to the street but does not balieve that the building is in the street. She said that she wanted to build the house with modern conveniences and according to the Building Law. She said that she did not understand this. 392 The Chairman said that her lawyer should be able to explain it to her10 He said that as the Selectmen understand it, Mrs. Scurto has not conformed to the Building Law and therefore the Board has no alternative but to make hem conform to the Building and Zoning Laws, tear the building down or remove it. He said that if this can be straightened out between Mrs, ,tcurto's lawyer and the Town Counsel the Board would be delighted but the Selectmen cannots tep into it at this point. Mr. and Mrs. Scurto retired at 8:20 P. M. Mr. James Collins, Agent for the Public Welfare Department met with the Board with reference to his request, on behalf of the Welfare Department, for authority to purchase a new automobile. Welfare The Chairman said that, as he told Mr. Collins over Dept. the telephone, the Board's first reaction was the question request as to why a new car was to be purchased at this time of the for car year. Mr. Collins then submitted another letter listing the repairs necessary on the present car. Mr. Hoyt said that he understood there are sufficient funds but wondered if the money available could be used for this purpose. Mr. Collins explained that Federal money can be used for salaries or administration, and the purchase of an auto- mobile comes under the latter categroy. Mr. Hoyt asked if the funds would be short before the end of the year if the car is purchased. Mr. Collins explained that his expenses will run about $2,800 and he has $4,800 available. The Chairman mentioned the fact that ordinarily in pur- chases involving $1,000 or more bids are requested. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the request of .the Department of Public Welfare for authorization to purchase a new car with the understanding that competitive bids are to be obtained. Mr. Collins retired at 8:30 P. M. Dr. William L. Cosgrove, Chairman of the Board of Health , Mr. Powers, Miss Morrisson and a:nurse, representing the Lex- Comington Visiting Nurse Association and the following members of the Appropriation Committee met with the Board: Chairman Patterson, Messrs. Batemen, Donnelly, Fawcett, Hall, Smith, Tucker, Vadeboncouer and Walker. Mr. Patterson explained that the purpose of the joint meeting, called by the Appropriation Committee, was to endeavor to familiarize the Boards with all facts that need to be con- sidered with the idea of arriving at some conclusion that may be presented to TOWn Meeting with reference to the Visiting Nurse Association's request for the town to assume the financial responsibility for certain services in addition to those now paid for by the Board of Health. V.N.A. Appro. B.ofH. 1-271 1 1 393 Mr. Powers said that the Greater Boston Community Fund feels that Whenthe town purchased the services of the Visiting Nurse Association it should be reimbursed. He explained that the services to which he refers are in the field of disease prevention and promotion of health. He -said the Association is not asking the town to help it out of a fin ancial difficulty, but only asking reimburse- ment for services rendered to the public generally in the promotion of health and prevention of disease which the Association feels are obligations of the town. He said that the Board of Health has no town nurse and the duties of the school nurse are restricted. He said that if the Board of Health were to carry on these various services on its own it w ould be required to have a nurse and that together with transportation would cost approximately $5,000 a year. The Services which the Association feel the town should pay for are placarding, t. be. visits, well baby clinic, health of infants under one year, pre- school visits. The subject was discussed at length and many questions Were answered by Mr. Powers and Miss Morrison. The Chairman said that he thought the first point to be cleared is whether the town has any authority to pay any of the various categories mentioned and he thought that the Board of Health should form an opinion of its own as to how far the town should go in assuming payment of these items. Then the Selectmen, Appropriation Committee and Board of Health should discuss the mubject further. He also ex- plained that it would then be up to Town Meeting to vote the money if the Boards agree. The representatives from the Visiting Nurse Associ- ation retired at 9:40 P. M. The Chairman asked Doctor Cosgrove is there were any categories mentioned this evening that the Board of Health feels are proper for the Board of Health to pay. Doctor Cosgrove replied that the Board feels this is a long drawnout project with no beginning and no end and that his Board has no plan at the present time to offer. The group retired at 9:60 P.M. The Board agreed that the Chairman should write to the Visiting Nurse Association and advise that the Selectmen do not feel it proper at this time in 1949 to recommend or sponsor a change in the overall pattern of what has been generally paid for from the Board of Health budget and that any additional services might be included in the 1950 budget to be referred to Town Meeting for decision. Mr. DeFoe met with the Board at 10405 P. M. He reported that he had conferred with Town Counsel and has been advised that there would be no objection to having Mr. Shea, the contractor laying water pipe in Bedford Street, 394 Westview do the necessary work on Westview Street. He stated Water that he has 68% of the signatures. The job will cost Oader about $2,242, and the town will collect about $1,362 not including Mr. Linehan's $632.50. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign the order for the instillation of a water main in Westview Street from the Bostott & Maine Railroad 685 feet, more or less, northwesterly to the Lexington- Bedford town line. (Copy of order in Select- men's Files - Water Orders 1949.) Mr. DeFoe reported on the installation of a street (;Patriot light in Patriots Drive and informed the Board that the 'Wrive wires w ould be underground and cost approximately $54. Street a'he Chairman asked if Mr. DeFoe could see any com- Light plications if the town starts on a program of this kind and he replied that he did not know how extensive it would become but that the people are entitled to lights. Mr. DeFoe was requested to confer with the Boston Edison Company and obtain more information relative to the cost of such a program and report next week. The Chairman read a letter from the Town of Win- chester with reference to the construction of a street known as Johnson Road running westerly from Route 3 over Andrews Hill into that part of Lexington abutting the Winchester line. Winchester desires to propsoe this Johnson as a Chapter 90 project. Road Mr. DeFoe presented a plan showing the Wheeler Winchester Estate, Lowell and Maple Streets and explained that Win- chester desires to continue Jolson Road with the idea of having a connecting road with Lexington. The State will not enter into this unless it becomes a town high- way. He said that he w ould estimate this to be a $54,000 job at the minimum. The Board felt that there are other Chapter 90 projects which are of more importance to the Town of Lexington than this particular one. Holiday Public Works Depot. Mr. DeFoe stated that the men in the Public Works Department have asked about having October 12 and Novem- ber 11 off without loss of pay. He said that the men brought up the point that the town offices are closed and everyone is paid. Mr. Driscoll informed Mr. DeFoe that no comparison should be made and2alled his attention to the fact that men in the Public Works Department have the opportunity for overtime pay. He further s tated t hat October 12 is not a Union holiday. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to continue the policy whereby the men in the Public Works Deparnent are to have Armistice Day, November 11, off without loss of pay; October 12 not to be considered one of the holidays off with pay. 0.4 Mr. DeFoe reported that Mr. Bettencourt, 65 Spring Street, had made an error in the amount of loom required to do the work on his property. In- stead of eight yards it will take seventeen yards.. The Chairman said that the Town has entered into an agreement with Mr. Betteb.court and asked Mr. DeFoe to see -that the work is done and the agree- ment carried aut. Mr. DeFoe said that he has received a request for a sidewalk at 8 Tower Road. It will be continuing a concrete sidewalk for about 86 feet and there are sufficient funds to do the work.• Mr. Hoyt moved that the request be approved. Mr. Gay seconded the motion and it was so voted.`` Contract Sidewalk 395 The Chairman read a letter from Robert C. Merriem•. Water - lot requesting the extension of the water main in Wachufett 94 Wahcusett Drive toserve lot #94. Mr. Merriam stated that he has DrivA-' lost two opportunities to sell this parcel of land be- cause there is no water available. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to have this work done to the extent neces- sary to serve the lot with the understanding that there may be a delay of several weeks. Mr. DeFoe informed the Board that it will be neces- sary for the men in the Engineering Department to work overtime to prepare the data for the hearings on Oving- ton Park Streets scheduled for October 24. He stated that if they work all day October 12 and five nights until eleven o'cicock they will have to be paid overtime which will amount to approximately $150. Mr. Nickerson moved that the men in the Engineering Department be paid overtime inasmuch as the data must be ready for the street hearings. Mr. Gay seconded the motion and it was so voted. A letter was received from the Arlington Gas Light C., together with a sketch of the proposed gas main to be located in Valley Road to supply the house now occupied by Donnelly. The plan and location were both approved by the Town Engineer. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the request. Vtaa Chairman read a letter from the Continental Casualty Co. with reference to Daddario's default and the completion of the North Branch Vine Brook Sewer Construction, advising that they have received several bids for the completion of this work Mr. DeFoe was instructed to Contact the insurance company and, in collaboration with the Town Counsel, see that a start on the completion of this project is under- taken at one. (Mr. DeFoe has this letter from the insur- ance companyi) Overtime Gas Main Vine Brook •Sewer 396 Pole Location Grove St. Chapt. 90 contract signed A petition was received from the Boston Edisbn.Com- pany and the New England Telephone and Telegraph Company requesting approval of the following pble location: Waltham Street, southwesterly from a point approx- imately 255 ft. southwest if Massachusetts Avenue, set nine poles and remove nine poles. The petition was submitted to the Town Engineer and re- turned with his approval. Mr. Gay moved that the petition be approved end the order signed. Mr. Hoyt seconded the motion, and it was' so voted. A letter was received from the State Department of Public Works together with a contract in duplicate for the highway guard rail and posts on Grove Street (Chapter 90). Mr. Nickerson moved that the contract be signed and referred to the Superintendent of Public Works. Mr. Dris- coll seconded the motion and it was so voted. Mr. DeFoe retired at 11.15 P. M. The Chairman read a letter from Eugene Buckley, 22 Grant. Street, with further reference to his complainP that a business is being conducted at 2 Grant Place, a residential zone. Complaint Members of the Board had visited the location this evening and the Chairman was authorized to forward a copy of W. Buckley's letter to the Building Inspector and ask that a more detailed inspection be made and a report sub- mitted to the Board next Monday. Tax Title Further consideration was given to Mr. A. R. Batstone's Property offer of $25 for lots 107 and 108 Bartlett Avenue. Members of the Board have seen these two lots and upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to entertain an offer of $150 total for the two lots. Further consideration was given toDouglas Graham's Permit request for permission to sell the braille alphabet in Lexington. The Chairman agreed to contact Rev. Crawford 0. Smith who might be able to give the Board further in- formation inasmuch as Mr. Graham is a student at Gordon School of Theology. Reports for the month of September were received from the Sealer of Weights and Measures and the Police Depart- ment. Licenses i L Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Fred N. Viano Mass. Avenue Sunday Movies .Countryside Associates, Inc.Lowell Street Sunday Golf The Chgirman explained that some of the election workers appointed by the Board have refused to accep.t'. the appointment for various reasons. Suggested names were submitted and upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to make the following appoint- ments. Precinctl. D. " 2. R. "'' D " 2. D " 4 D " 4 R Joseph P. Waddleton William W. Ferguson Arnold D. Bradford Elizabeth Downey Daniel P. Curtin Madeline Peterson 397 Election Workers _15 Norton Road 6 Belfry Terrace 442 Waltham Street 4 Farmcrest Avenue 428 Marrett Avenue 149 Marrett Road The meeting adjourned at 11:40 P. M. .r 141 S� ectmeE- G