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HomeMy WebLinkAbout1931-05-04-STM-MIN 498. 0 Fi•cst adjourned ae ,vin T.:sooting of April , 27 , 1931 . S lAY 4 , 1931 . The mooting w4s call4L to order at 8 ; 10 E.L . by James J % Carroll , Town Olerk , y account" Moderator Mt . molt being absent . • telcctman Ir , •lra k made a motion that Senator Joseph 2 cotton act as Moderator Pro . Tom. Unanimous vote , 8 ; 11 P .M . elc ctman : r . . rack moved to take ul. article 1 , otterin ; the following motion ; voted ; That a committeeot three be alteointed by the lioderator to ,. repare a revision of the code of by- laws of the Town of Luxington of 1922 and report to the ToLn Looting before January 1 , 19 32 . Oarrie i unanimously , 8 ; 12 2 .E . selectman .:r . Trask , moved to tne up article 23 , oiser - ing the following motion , 'Voted ; That the ►selectmen be ano hereby are authorized to acquire from Mary J and Helen A ncGa: Frey an easement across the property owned by them for the purpose of laying a twelve inch water main connecting Llassachusetts Avenue with the standpipe * selectman _Jr . Trask stated they offered this motion in connection witn the vote taxon at the last meeting , and that it was necssary to go through �? rivate property to lay this main , but did not * believe it ;-;o . ld mean any outlay of money for the Tom . The motion was unanimously carried . 8 ; 14 P .M. r ` a elo ctman :r . Trask moved to take up article 21 , offering the following motion , Voted ; That the sum of 422 , 71.5 . 61 be apl- ro- priated and assessed to pay the judgement obtained by tne plaintiff in the petition for damages brought against the Town by .Daniel J O ' Connell on account of a ta. ing by eminent domain by the Town of the easement of a building line on his property on Liasuachusetts Avenue on December 18 , 1930 . Selectman Mr . Trask stated at first it was thought t .at part of this judgement could be raised by a oond issue , but since that time he has been advised differently , and that Town counsel bydney 3 Wrightington had conferred with the Attorney General who was of the opinion that it was not possible to raise any of the money under this article by a bond issue , Therefore , he had entered it on his motion that it come directly from the tax levy . Mr . Francis E Burke , moved to lay article 21 on the table . Mr . S . R . Wrightington suggested that they take up the three articles 21 , 6u and bl , relating to the same matter at tne seethe time . Er . r' rancis Burke therefore withdrew his motion to lay article 21 on the table , moving to ta4se up articles 21 , 3u and 31 , and under article 3u he offered the following motion , Toted ; That the Town accept the relocation of Massachusetts Avenue fromthe northerly terminus of the present street line on the former Town Hall property now owned by lessers . Rubin and Seligman to the property of Anitiss b Hunt , et al , as laid out by the Selectmen under date of Larch 2 , 1451 , and shown on plan on file in the Town Clerk is office entitled , " flan showing proposed relocation of a portion of Massachusetts Avenue , Lexington , October 17 , 193u , Soale 1 inch- 2U feet , John T Cosgrove , Town Rngtseer , and for the purpose of relocating Massachusetts Avenue the sum of 460 , 00 . be appropriated , and for the purpose of raising this money the Town Treasurer be and hereby is authorized to sell , under the direction of and with tne approval of tne Board of Selectmen , bonds or notes of the Town issued and payable in accordance with law , so that the whole loan shall be paid in not more than ten years or at such earlier dates as the Treasurer and the Selectmen may determine . Mr . Mitchell , speaking for tne appropriation •ommittee 1 499 said that tne committee was unanimously in favor of tie al,propriation under Article 1 , which pays off the judgement against the Town , but , with one exception , and that exception , a member v:as not present to vote , the committee was not in favor of tne 460 , ODU ai)propriation , . Mr . Burke gave a lengthy explcAnat ion of the situation as seen by him , expressing the idea , that this was the right time to buy this proposition , for by delaying meant a larger expenditure later on . Mr . Greeley asked if above vias an offer from the owner to the T own . Mr . Burke replied , t .:at it tics , as the owner had appeardd before tne appropriation committee stating he v: ould accept this amount in full payment . Mr . R Greeley , stated that nothing can be built on the pro- perty in question , and tnat the Town assumes no risk if the property is not purchaded at the present time , being in favor of waiting until the time when tne iiropo sit ion could be put through to the next corner . He asked if any other proposition would be offered if the present motion was turned down , and the answer was no . He also stated he would like to hear the motion under article 31 . Mr Burke stated there was no necessity of taking action on article 31 , until article 3O had been voted upon . Selectman Mr , Trask , spoke , stating the Board of Selectmen did not approve of this project for the same reasons as explained by Mr , Greeley . Lir . arm Ballard stated , he thought the - own should pass article 21 as present€ by Selectman M-r , Iratik. Mr . Hutchinson asked ii t .e Town had to take action on article 21 . Moderator Senator cotton asked which article . Er niutdhinson ould like to hcve taken up firs , he replying he wished to have bejctman :. r , Trask' s motion taken up . i.ir . Harold Lamont askid if the case could be carried any further , Mr . Wrifr ht ir:gton` replying , no points which would make it s adviable to go to t lSupreme upreme Court . Mr . Hutchinson ' s motion then put aefore the meeting , which was unanimously carried . 8 ; 40 P .L . The original motion of Selectman i.ir , Trask was then put before t _ : e meeting , and as presented was carried unanimously . 8 ; 41 2 .1L . Celectman Mr , Trask moved article 3u be indefinitely postponed . , carried unanimously . 8 ; 4 , Selectman ,_r , Trask , moves article 31 be indefinitely post - poned . unanimously carried . 8 ; 43 P .M. S electman ' r , Trask moved to take up article 27 , putting the same in three votes / . Part une . Voted ; That the ; bekectmen be instructed to have drains installed in Carville Avenue , from near Oak Street , to the brook crossing carville Avenue near Ames Avenue , a distance of approx- imately 600 hundred feet and for the purpose of said construction the sum of 41417 be appropriated and assessed . Part Two , Voted ; ghat the Selectmen be instructed to have drains installed in Masi_ achusett s Avenue and bottler Avenue from bowker Afloat #o the Brook , a distance oi` the purpose of said onstruction thea sumo of 2810 beUa pro ' andafor and assessed . appropriated Part Three , Voted ; That the Selectmen be instructed to have drains installed in Clarke btr© et from Raymond Street to Parker btrect , a distance of approximately 9(X) feet . and for the purpose of said construction the 2UM of 42092 be appropriated and assessed . Under part one oelectman iir Trask read a letter from a uarville 500 . a p Avenue resident threatening the y own with a damage suit because of surface waters uraining in his cellar , stating other complaints from residents of that section . Er . iitchell , i'or tyle appropriation committee said the committee had not approved the projects under tnis article because the tax rate would be so high this year , also stating , conditions mention were not so clearly explained , as they had been at the Town Meeting , preuicting a tax rate of 435 . 0 for this year . . General discussion , Er , Greeley , lir i ichols , and Yr . Wrightington , Er . William larshall , stated the case w_. s justifiable , and III moved a committee of three be appointedythe condition existing . ►, electman :::r , Trask , stated he did not think it was necessary to appoint an investigating committee . C Mr . a::a.rshall ' s motion put before the meeti., ig and was lost , Tit animously 8 ; 581.- ... . ft Part one . of be lect an -iiir Trask ' s motion , regarding drains for uarville Avenue v:as t , mI assed unanimously . 8 ; 59 F .M . In regards to part two , ►)elLctman Lir , Trask read another letter , from George L iottler , stating wanted a drain placed in before i. . . flay 15 . Bart `Qvio , was then put betore the meeting , and carried Y . unanimously . 9 ; O1 B .E . tt selectman Tar , Trask , explain he necussity of part three , of this motion which was decided as. being lost by ; the moderator . - On the question of his decision by several , it was de- clared to take a rAising vote , the iaoderator api. oint ing tree following as tellers , Liessers . Locke , Uhamberlain and nurnham, with the followi , g results ; Affirmative . Negative . 21 Er . Locke 7 ‘ 38 sir . Ahamb erlain 25 15 Mr . Burnham 11 if - f. 74 Totals 43 Therefore the vote was carried 74 to 43 , . 9 ; 03 i .M . beiectman : :r . Trask moved the meeting be closed . Unanimous . 9 ; 04 P .i . J ss- ;t A True Record Attest • .... ... _610 ' _ �' t . , .. r .,,, on ., fork . :, eptember 21 . 1J3l . To Lno i own Olerk ; I have not ifiec. trio inhabitants of Lexington by posting printed copies of the foregoing coq rajt _ -n .tf.e . Lost . 0 : rice , in t: the Vestibule of the Town Office Building and six other public ..:4; places in the `Town , and by mailing a printed copy of true same g.. to every registered voter in the . own seven days before Ln© � �; time of said meeting . , Attest ; 4 . - l atrick ' cguiro . Uonbtablu of exington Above is . L, or1LUi le ' s return oi , . arreint of i, opt . 28 , 1931 , rage 501 . • `.,. - -