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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, C, • • 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. 0 rJ67 Bldg. Line Establishes Scott land Gas main locations • 1# 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. • • 0 • 0 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 • • 0 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. • • 0 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 VOIp r -I L_J • 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,