HomeMy WebLinkAbout1942-11-16SELECTMEN'S MEETING
' November 16, 1942
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building'on
Monday evening, November 16, 1942 at 7:30 P.M. Chair-
man Giroum , Messrs. Potter, Rowse, Locke, and Sarano
were present. The Clerk was also present.
Letter was received from Mr. Wrightington advising
of a hearing to be held on November 17, 1942 to con-
sider the desirability of changing General Laws, Chapter
229, Section 1, which in substance limits the liability
of towns for an accident resulting in death to $1,000.00
to be assessed "with reference to the degree of cul-
pability of.the defendant." Mr. Wrightington thought
that the Board might want Mr. Ferguson to record its
attitude. The Board felt that it would not object if
the limit of $11,000.00 was increased somewhat, but it
did think that a limit should be set. It was decided
to request Representative Ferguson to appear at the
hearing and record the Board in opposition to the
amendment.
77
Hearing on
G.L.Ch.229
Sec. 1
R.H.Stevens
accounts
Mr. Wrightington appeared.before the Board.
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Letter was received from the Town Treasurer to
which was attached a writ of attachment against
Rupert H. Stevens in an action brought by the Lex-
ington Trust Company. A second letter was received
advising that since the first one, Mr. Carroll had
received a discharge from Mr. Wrightington returnable
In the District Court on November 28, 1942.
Letter was received from Mr. Wrightington advis-
ing that Mr. Stevens had not made any installment
payments on his viater guaranty bonds for a long time.
He asked if the Board wished to attempt to recover from
the surety, Mr. Floyd L. Carr of 83 Merriam Street, Lex-
ington. The letter said that Mr. Stevens also owed
three years' taxes and money for equipment rental.
The Chairman said that the Trust Company had dis-
charged the Town as trustee.
The Board noted that voucher #6931 on tonightts
warrant covered a payment of $300.00 due Mr. Stevens.
Mr. Rowse moved that voucher #6931 be disapproved
and that the Clerk be instructed to obtain statements
from the Tax Collector and Mr. Paxton showing the amount
of money owed by Mr. Stevens. Mr. Locke seconded the
motion, and it was so voted. The matter was held over
for one week.
77
Hearing on
G.L.Ch.229
Sec. 1
R.H.Stevens
accounts
Sorensen's
Garage
Zoning
Letter was received from one William Barry asking
if he could use Sorensen's garage on Woburn Street at
Vine Street for repairs. Mr. Barry said that he was
about to purchase the property. The Clerk said that
Mr. Barry had talked with her on the subject and had
informed her that the garage had been closed for some
time. It was a nonconforming use in an R-1 Zone. Mr.
Carroll reported that the gasoline registration fee had
been paid each year. The Chairman asked Mr. Wrightington
what his opinion in the matter was. He said that if the
interruption was for a substantial period and if it ap-
peared that the intention was to abandon the use, then
the Aonconforming use was abandoned. Mr. Wrightington
said that the Board could advise Mr. Barry that he
should consult an attorney to determine what his rights
would be to operate a garage in that location under the
provisions of the Lexington Zoning By-law, and that Mr.
Barry be told that the Board did not wish to be put in
the position of advising him whether or not he should
make a purchase of real estate.
Mr. Rowse moved that Mr. Wrightington's suggestion
be followed. Mr. Locke seconded the motion, and it was
so voted.
The Board of Fire Engineers appeared at 9:12 P.M.
for a general discussion of Fire Department matters. The
Engineers and Mr. Wrightington retired at 10:15 P.M.
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The Chairman read a statement from Mr. Paxton
Barnes
which said that the heating system at the Barnes house
property
had been checked to determine if it might be converted
to coal. However, due to the scarcity of parts and
grates, the conversion cannot be made at this time.
M P
The Chairman read a statement from r. axton rela-
tine to the request from the Rationing Board for per-
mission to use the upstairs conference room. Mr. Paxton
Uses of
thought it logical that the Rationing Board be given the
Conf. Room
use of the conference room. Four groups now use this
boom -- the American Legion Auxiliary, the Minute Men,
the Delphian Club, and the Isaac H. Cary Trustees.
Mr. Paxton said that the American Legion Auxiliary
was going to meet at the C.A.R. Hall after November 1,
1942 and the Minute Men could easily use Estabrook Hall
for their meetings, as could the Delphian Club. Mr.
Paxton said that the Trustees could meet in any other
room that could be arovided for them.
Mr. Rowse moved that the Rationing Board be illowed
to use the upstairs conference room and that the other
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organizations make whatever arrangements they can. Mr.
Potter seconded the motion, and it was so voted.
It was the feeling of the Board that it should do
whatever possible to aid in the war effort.
Letter was received from Benjamin J. Cavanaugh of
Cambridge, offering to pay $50.00 for lots 200 to 204
inclusive on Freemont Street. The Chairman informed
the Board that the Town owned only four lots, 200
through 203. Mr. Potter said that the Committee on
the Sale of Real Estate recommended the acceptance of
the offer.
Mr. Sarano moved that lots 200 to 203 inclusive
on Freemont Street be sold and conveyed to Mr. Cavanaugh
for the sum of $50.00. Mr. Rowse seconded the motion,
and it was so voted.
Mr. Potter told the Board that Mr. Cupp, who
offered to pay $800.00 for part of the land on Woburn
Street acquired from Charles 'A. Ryder, had rdquested
that the Board reconsider his offer. The Board looked
at the plan of the land and felt that $800.00 was in-
adequate for it. It was decided to offer the whole
parcel for sale for $1500.00. Inasmuch as Mr. F. W.
Coleman, the real estate broker, had made an offer
for the property last spring, the Clerk was instructed
to give him the first opportunity to purchase the land
for ;1500.00. If Mr. Coleman's client is not interested
now, then the land is to be offered to Mr. Cupp for the
$1500.00.
Letter was received from Alfred P; Tropeano,
attorney for Bridget Leary of 45 Waltham Street, rela-
tive to the order issued by the Board on November 2,
1942 declaring the outhouses at numbers 9, 11, and 13
Hayes Lane to be a nuisance. Mr. Tropeano said that
Mrs. Leary was closing the premises and the tenements
will be vacated. Execution has been issued ordering
one tenant to vacate, the case of the second tenant
will be heard on Thursday and execution will issue,
and the third tenant has ar-reed to move. He said that
the property would be closed within ten days. The
Board felt that even if the premises were vacated, the
nuisances would not be eliminated and instructed the
Clerk to advise Mrs TVdPaghn thkt the 6rdefi i6iu6d e
16dehber 2 ,•1942 dust-be-eoaipifbi
M6
Tax Title
Off er
Tax title
offer
Re: Bd. of
Health Order
Leary prem.
sa
a
Letter was received from Mr. Wrightington relative
to the agreement with the United States Government on
Land taken the land off Westview Street, owned by the Town, which
by U.S. the army has taken over. Mr. Wrightington found it
Government impossible to get them to agree to modifications which
he suggested. It was left that we would wait until
the formal eminent domain proceeding, -was filed in the
United States Court at which time the $175.00 will be
deposited in Court and a stipulation referring definitely
to that taking can be signed.
A bill of 05.00 for flowers sent to the funeral of
Frank E. Clark was received.
Flowers Mr. Locke moved that the bill be approved and
charged to the Unclassified Account. Mr. Rowse seconded
the motion, and it was so voted.
The Chairman said he thought the Board should re-
consider its vote of last week to pay for the repairs to
(Police car the car owned by Gordon E. Eaton, for alleged damages
accident resulting from a collision with the police car on Nov-
ember 3, 1942. It appeared from Officer Henry H. Harvey's
report that the fault was Mr. Eaton's and not the Town's.
It was decided to request Chief Sullivan for his opinion
as to the responsibility for the accident.
The Board of Fire Engineers returned to the meeting
at 10:45 P.M. and left at 10:55 P.M.
Health abatement in the amount of one cent was
signed. Commitment of water miscellaneous charges in
the amount of $63.02 was also signed.
Application was received from the Lexington
Theatre for permission to show the following pictures
on Sunday, November 22, 1942: "Talk of the Town",
"March of Time % and a newsreel.
Mr;" Potter moved that the pictures be approved
and the application signed, Mr. Sarano seconded the
motion, and it was so voted.
Upon motion of Mr. Potter, seconded by Mr. Locke,
it was voted to approve the following joint pole
locations -and sign the orders:
Sylvia Street, jouthwesterly from,a point approximately
Pole fifty-five feet southwest of Mass. Avenue, ,5 ,poles';
locations
Westminster Avenue, southeasterly from Lowell Street,
- 3 poles; '
Waltham Street, northwesterly side, approximately 305 feet
northeast of Winthrop Road Extension, - 1 pole;
Adams Street, northwesterly side, approximately 320 feet
northeast of Hancock Street, - 1 pole;
Waltham Street, northwesterly side, approximately 310 feet
northeast of the Waltham -Lexington Line, - 1 pole;
Waltham Street, westerly side, approximately 450 feet south
of Concord Avenue, 1 pole;
Woburn Street, northerly side, and westerly from a point
approximately 80 feet west of Utica Street, - 2 poles;
Woburn Street, northerly side, approximately 90 feet,
east of Utica Street, - 1 pole;
Woburn Street, northerly side, and easterly from a point
approximately 345 feet east of Utica Street, - 2 poles;
Woburn Street, northerly side, and easterly from a point
approximately 700 feet east of Utica Street, - 2 poles;
Woburn Street, northerly side, approximately 10 feet west
of Webb Street, 1 pole;
Woburn Street, northerly side, approximately 240 feet east
of Webb Street, - 1 pole;
Woburn Street, northerly side, approximately 30 feet east
of Webb Street, - 1 pole;
Woburn Street, northerly side, approximately 795 feet east
of Webb Street, - 1 pole;
Woburn Street, northerly side, approximately 665 feet west
of Laconia Street, - 1 pole;
Woburn Street, northerly side, approximately 210 feet west
of Laconia Street, - 1 pole:
Letter was received from the Town Accountant request-
ing permission to hire Mr. Frederick Abel to assist him
In closing the books. Mr. White said that 3aiasmuch as this
was his first year, he would like to have Mr. Abel's
assistance. Mr. White said that the cost would not exceed
50.00, and there are sufficient funds in the Personal
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Ono
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Services Account to pay for this. '
Mr. Potter moved that Mr. White's request be approved
provided the expense does not exceed $50.00. Mr. Locke
seconded the motion, and it was so voted.
The meeting adjourned at 11:20 P.M.
A true record, Attest:
Clerk
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