HomeMy WebLinkAbout1941-07-21SELECTMEN'S MEETING
July 21, 1941
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, Lexington at
7:30 P. M. Chairman Giroux, Messrs. Potter, Rowse and.
Sarano were present. The Clerk was also present.
Messrs. Wrightington, Greeley, Kimball, and Paxton were
present. Mr. VanKleek, the attorney for Chandler & Co. r
and Messrs. Johnson and Bryson of Chandler & Co. appeared
before the Board at 7255 P. M.
There was an informal discussion on the matter of the
setback in front of the Scott property and the requirements
of Chandler & Co. relative to their lease of a store in the
proposed building on the premises.
The hearing relative to the establishment of the Build-
ing Line across the property of Mr. George Scott between
Merriam Street and the northerly entrance to the depot, ad-
journed from Thursday, July 17, 1941, was declared open.
Messrs. T. A. Custance, E. B. Worthen, Clarence Shannon,
.George Scott and John V. W. Lawson appeared.
The Chairman said that the Board would listen to any
Persons who wished to speak in favor of a 15 foot setback.
Mr. Theodore A. Custance said that he attended the meeting
last Thursday but arrived late, and gave a brief report of
the Chamber of Commerce stand on this question. The direc-
tors were unanimous in their recommendation that a setback of
25 feet be made. They feel that a 25 foot taking would make
a better entrance from Merriam Street than a 15 foot taking.
Personally he was not so strong for either the 15 feet or the
25 feet, but after thinking it over, he thought that he would
recommend a 25 foot taking. If the line is set back 15 feet
the building will go into the fire station some 2 feet at one
corner and therefore would damage the fire station as much as
if the line was set back 25 feet. He said he felt that this
was the proper move for the Town to make. He hoped that the
Selectmen and the petitioner would get together and make .some
recommendation to the Town. He understood that there had
been no stand taken by the Board which was acceptable to Mr.
Scott. Mr. Custance said he believed this was something the
Town had been waiting for for a good many years. It was the
understanding that the Town would take the buildings as they
come along on the market. He said that the Town learned some
lessons from the O'Connell matter. He said he was in hopes,
speaking for the Chamber of Commerce, that if the Town and Mr.
Scott did not get together that they would both agree to refer
the matter to a Board of Arbitra tion; the Town would appoint
a man, Mr. Scott would appoint one, and the two would appoint
a third.
Building
Line -
Scott
property
166
He said that if Mr. Scott would agree to this, he thought
it was fair to bring it before the Town. Mr. Custance
asked through the Chair, if Mr. Scott would agree to a
thing of this sort. Mr. Scott said that he would agree
but would not want a man from Lexington. Mr. Custance said
he did not think that the Town should pick a man from Lex-
ington either. He said that the Chamber of Commerce was
very favorable to this suggestion. Mr. Wrightington asked
what the arbitration would be on, if it would be on the mat-
ter of the setback or amount of damages or what. Mr. Custance
said the Board of Arbitration would be to consider the dam-
ages after the Taking, assuming that the Town made the Taking.
Mr. Wrightington said that he had not given the matter con-
sideration but he had some doubt as to how the Town could
enter into any agreement of this sort. Dr. Shannon said he
thought Mr. Custance had in mind that the damages should be
arbitrated and by that meant, arrive at some amount to be
presented to the Town tentatively not to be binding on
either side. Mr. Wrightington asked if it would be binding
on Mr. Scott if the Town voted to accept the figure. Mr.
Custance said that the figure the Arbitration Board decided
upon would be the figure the Town would vote on. The Chair-
man asked if Mr. Custance's arbitration idea would be based
on arbitration between what the Selectmen have said they
would recommend to the Town and what Mr. Scott said he -would
want the Town to pay. Mr. Custance said it would be a new
figure. 'The Chairman said that the matter of arbitration
would be taken under advisement.
Mr. Greeley said the Planning Board wished to be recorded
In favor of a 15 foot setback and the reason it has uppermost
is that Emery Park and the Buckman Tavern property shall not
be "shaved down" any more, and if the present curb line of
those properties is carried across the property under dis-
cussion, and there is a 15 foot sidewalk, it would require a
setback of 15 feet.
Mr. VanKleek said that in all negotiations between
Chandler & Co. and Mr. Scott, it had been assumed that there
would be a setback and after measuring carefully they felt
that a 15 foot setback would be what they would prefer; a 25
foot setback would be too much. They need a store 100 feet in
depth and want room in the rear for parking. They have nego-
tiated with Mr. Scott contingent upon his acquiring the fire
station property for parking; that is essential. He said it
was their definite preference that there should be a 15 foot
setback. They have assumed that and made all their plans ac-
cording to that.
Dr. Shannon said that he would be agreeable to a 15 foot
setback. Mr. Custance said that personally he would prefer
a 15 foot setback. He asked Mr. Greeley what the recommenda-
tion of the Planning Board would be with reference to a set-
back at the Hunt Block. Mr. Greeley said that from where
the setback on the O'Connell block ended, to Emery Park,
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there would be a curb line that would be slightly on the
diagonal. Mr. Custance asked if the Hunt Block would have
to be set back 15 feet and he said that it would. The
Chairman said that during the discussion of this matter,
the fact that Route 128 and the Lowell Turnpike would divert
much traffic from Lexington Center had been considered. Mr.
Custance thought that parties wishing to come to Lexington
saw farther in the future than that. An airport is being
built in Lexington and other communities will work very hard
to attract any business that might come from that and the
Chamber of Commerce would like any business that would come
from it in Lexington.
Mr. Worthen said he was in favor of a 15 foot setback.
No one wished to speak in opposition. The hearing was
declared closed at 8:52 P. M. With the exception of the Town
Counsel,.those, present withdrew at the conclusion of the hear-
ing.
The Board in executive session considered the matter of
the establishment of the Building Line, and thereafter upon
motion of Mr. Potter, seconded by Mr. Rowse, it was unani-
mously voted:
That the Board do now establish a Building Lihe
under the provisions of General Laws Chapter 82, Section
37, over the land of George Scott adjoining Massachusetts
Avenue, between Merriam Street and the northerly driveway
leading from Massachusetts Avenue to the railroad station
In Lexington Center, 15 feet from the present northeasterly
line of Massachusetts Avenue in accordance with a plan by
John T. Cosgrove entitled 'Plan showing Proposed Building
Line on Massachusetts Avenue, Lexington, Mass. from Depot
Square to Merriam St., July 15, 1941, Scale: 1 inch = 20
feet, John T, Cosgrove, Town Engineer.fi
Any structure existing on the said premises at the time of
the Establishment of this Building Line may remain and be
maintained in the same location and in substantially the
same structural condition in which it then is.
The matter of arbitration, as suggested by Mr. Custance
with Mr. Scott's confirmation, was considered by the Board
and discussed at length.
Mr. Rowse moved that the suggestion be not adopted. Mr.
Potter seconded the motion, and it was so voted.
Mr. Wrightington retired at 10:15 P. M.
Mr. Paxton appeared before the Board.
He said that the gas company had requested permission
to extend a main in Fuller Road from Gleason Road, a dis-
tance of 150 feet northeasterly and in Lexington Avenue
from Watson Road To Follen Road.
Mr. Rowse moved that both 'requests be granted. Mr".
Potter seconded the motion, and it was so voted.
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Bldg. Line
Establishes
Scott land
Gas main
locations
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Mr. Paxton said that Mr. Beach had investigated the
possibility of transporting children from Munroe School
to Adams School. He finds that there will be not more
than 45 to make the trip and it will be necessary to make
School not more than two trips. It will cost $4.00 per day. Mr.
Lunches Beach wants to know if the Board will authorize this. He
has sufficient funds in the Labor and Materials Account
to take care of this until the end of the year.
It was decided not to take any ::action on the matter
for the time being, but to discuss it when the budget for
1942 is being considered.
Mr. Paxton said that last fall the Schwartz heirs had
presented a blasting claim for alleged damages to their
Oak Street house on Oak Street. Three other persons have presented
blasting blasting claims. The complaints came in over the tele -
complaints phone and the engineers have checked the houses after the
complaints have been received.
Mr. Paxton talked with Mr. Wrightington about these
claims and he feels that it is best not to do anything
yet as if one is settled, many more claims will undoubtedly
come in.
Mr. Paxton said that Mr. Cann had informed him that he
Req. for
had approximately $11.00 worth of bills and no funds to
'Bldg. Dept.
ay them with. He needs envelopes which will cost another .
'transfer
911.00. He suggested that $25.00 be provided.
Mr. Rowse moved that the Appropriation Committee be
requested to transfer $25.00 from the Reserve Fund to the
Building Inspector - Expenses Account. Mr. Sarano seconded
the motion, and it was so voted.
Mr. Paxton retired at 10:37 P. M.
Mr. Morse appeared and retired at 11:25 P. M.
A letter was received from Mr. Wrightington stating
Rounds
that he had agreed frith the counsel for Albert P. Rounds
settlement
to settle his claim against the Town for $331.48.
Mr. Potter moved that the claim be settled for this
amount provided Mr. Rounds files the proper release. Mr.
Rowse seconded the motion, and it was so voted.
A letter was received from Mr. Paxton stating that
he had talked with Peter Canessa relative to the mainten-
Odorless
ance of the pump used for cesspool cleaning work and also
cart
the purchase of small tools needed in his work. Mr.
Canessa agreed that he should supply any small tools
needed, but he feels that the Town should take care of
the maintenance of the pump. He claims that there is not
sufficient work in Lexington to warrant his paying for
the latter and if the Selectmen insist on this, he will have
to resign as caretaker of the odorless cart.
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Mr. Potter moved that the Board continue maintaining
the pump until the end of the year and then establish a
policy for the coming year. Mr. Rowse seconded the motion
and it was so voted.
A letter was received from one Madolan Andolina offer-
ing to pay $100.00 for the purchase of Lot 190 Middle St.
It was decided to have the matter investigated and to con-
sider it again next week.
A letter was received from Mr. James H. Russell advis-
ing that he had made an unannounced check on the accounts
of the Cashier, Wilbur W. Roberts, of the Food Stamp Plan,
on July 16, 1941 and that the accounts were in balance.
A letter was received from Mr. George W. Nary advising
that because of increased business duties, he would be un-
able to serve on the Committee appointed to study salaries.
Mr. Rowse moved that Mr. Naryts resignation be accepted
with regret. Mr. Sarano seconded the motion, and it was so
voted.
Mr. Potter moved that Mr. Frank E. Hudson of 23 Baker
Avenue be appointed in Mr. Nary's place. Mr. Rowse seconded
the motion, and it was so voted.
Q9
Lot 190
Middle St
Salary
Committee
A bill in the amount of $5.00 for registration,.:,5f ..,the
town painter's rigging was received. The Clerk said that Painter's
this rigging was used in practically all Town departments. rigging
Mr. Potter moved that the bill be charged to Un- reg.
classified. Mr. Sarano seconded the motion, and it was so
voted.
A letter was received from the Town Accountant inform-
ing the Board that he had just discovered that Miss
Charbonneau, whom he hired to take Miss Hubley's place,
was not a naturalized citizen. She took out a Declaration
of Intention and she cannot have her final papers until
October of next year. He wondered if there was any reason
why Miss Charbonneau should not be given employment with
the Town.
The Board felt that it was all right for Mr. Russell
to keep the girl provided she was on a temporary basis un-
til she became a citizen.
A letter was received from Mr. Perley C. Tibbetts
applying for the position of Building Inspector. The
Clerk was instructed to acknowledge the application and
place it on file.
Mr. Potter moved that the Board certify to the
character of Alton B. Hathaway, 25 Oakland Street; Gladys
M. Smith, 12 Locust Ave. and Irving J. Labes, 195 Woburn
St. Mr. Sarano seconded the motion, and it was so voted.
Empl. of
Miss
Charbonneai
Applicatiot
Bldg. Insp,
170
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The Chairman said that nothing had been heard from
the Briggs Class relative to paying part of Robert Lord's
expenses as a result of his accident in Cary Hall on Apr.
Robt. Lord
20, 1941. He said that he felt that the boy had waited
accident
long enough for his money and that the Town should pay it
bill
and advise the Briggs Class that it hoped and a ssumed
that it would pay one half the bill.
Mr. Potter moved that the Chairmhnts suggestion be
adopted. Mr. Sarano seconded the motion, and it was so
voted:
Sunday licenses for Beants golf driving range were
signed.
A letter was received from Mr. Morse stating that he
felt that the sum of $50.00 provided for the Petty Cash
Petty Cash
Account for the benefit of the Food Stamp Plan was inade-
Food Stmp.
uate. He recommended that the account be increased from
Plan
50.00 to $100.00.
Mr. Potter moved that Mr. Morsets recommendation be
approved. Mr. Sarano seconded the motion, and it was so
voted.
Mr. Potter moved that the records of the Special
Meeting held on July 17, 1941 be declared approved. Mr.
Sarano seconded the motion, and it was so voted.
A letter was received from Mr. Wrighrtington calling
the Board's attention to Statute 1941, Chapter 346 which
Snow
will authorize the Town to adopt a by-law authorizing the
(removal
Town to remove automobiles to permit the plowing of snow
and charge the expense of removal to the owners.
The Chairman informed the Board that the Committee
'Article
on Public Safety had requested that an article be inserted
for
in the warrant for the next Town Meeting to see if the Town
warrant
will vote to appropriate the sum of $1,000. for the expenses
of the said committee.
Mr. Potter moved that such an article be inserted in
the warrant. Mr. Sarano seconded the motion, and it was
so voted.
The Chairman said that the Committee had requested
Aluminum
storage space in the basement of Cary Hall for the deposit
collection
of aluminum. It also requested that Town trucks pick up
the aluminum from the various collection centers.
Mr. Potter moved that both requests be granted. Mr.
Sarano seconded the motion, and it was so voted.
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ARCHIBALD R. GIROUX
WILLIAM G. POTTER
A. EDWARD ROWSE
GEORGE W. SARANO
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
July 21, 1941.
Then personally appeared the above naned Archibald
R. Giroux, William G. Potter, A. Edward Howse, and George
W. Barano, and severally acknowledged the foregoing
instrument and statement by them subscribed to be their
free act and deed and the free act and deed of the Board
of Selectmen and public Works of the Town of Lexington,
before me,
ELEANOR M. LOWE
Notary Public
My commission expires Oct. 9, 1947.
The meeting adjourned at 11:45 P. M.
A true record, Attest:
C er
1-71A
172
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The Chairman said that Mr. Putney had suggested that
the Engineering Department prepare an All Embracing Map Map for
including :hhch items as sewers, water, gas, telephone lines Defense
etc. The Board had no objection to this and instructed the committee
Clerk to take the matter up with the Town Engineer.
Upon motion of Mr. Potter, seconded by Mr. Rowse, it
was voted to adopt the following order 4
COMMONWEALTR OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
July 21, 1941
Town of Lexington, Selectmen's Room.
At a meeting of the Board of Selectmen of the Town of
Lexington, duly called and held, after having given due
written notice of the intention of said Board, as required
by law, to establish a Building Line over land of George
Scott adjoining Massachusetts Avenue between Merriam Street
and the northerly driveway leading from Massachusetts Avenue
to the Railroad Station in Lexington Center, all as herein-
after more fully appears, and after public hearing thereon
held on July 17, 1941, and adjourned to July 21, 1941;
Now, upon consideration of the matter, it is
ORDERED: That this Board of Selectmen is of the
opinion that public necessity and convenience require
that said Building Line be established, and that the
same is hereby established as follows:
Beginning at a point in the northeasterly line of
Massachusetts Avenue, said paint being the intersection
of said northeasterly line of Massachusetts Avenue with
the southeasterly line of Merriam Streetr, thence N. 380
54' E distant 15.03 feet to a point, thence along the
proposed building line S. 540 281 E distant 138.61 feet
to a point, thence S. 440 Olt 30" W. distant 15.17 feet
to a point, thence along the northeasterly line of Mass-
achusetts Avenue N. 540 28t W distant 137.25 feet to the
point of beginning, containing 2069 square feet, all as
shown on a plan entitled "Plan showing Proposed Building
Line on Massachusetts Avenue, Lexington, Mass. from
Depot Square to Merriam Street, July 15, 1941 Scale 1 in.
20 ft. John T. Cosgrove, Town Engineer."
Any structure existing on the said premises at the
time of the establishment of this Building Line may remain
and be maintained in the same location and in substantially
the same structural condition in which it then is.
Building
Line on
Mass.Ave,