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HomeMy WebLinkAbout1960-02-08-min 450 1.4 cv 0.11 SELECTMEN'S MEETING February 8, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 8, 1960, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs . Morey were present Mr Stevens, Town 6ounsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on February 11, 1960. Hearing was declared open upon application re- ceived from Soule Brothers, Inc . , for permission to maintain an underground tank for the storage of 2,000 gallons of gasoline at 640 Lowell Street Notice of the hearing was advertised in the Janu- Gasoline ary 28, 1960 issue of the Lexington Minute-man, and hearing the abutters , according to the Assessors ' list, were notified. Richard Richard H. Soule and Robert M. Soule were the only persons present at the hearing. The application was approved by Chief Engineer Belcastro, Lexington Fire Department, and Mr. Robert Soule reported that at the suggestion of Chief Engineer Belcastro, the tank will be located next to the fence on his property. The hearing was declared closed at 7 34 P.M. and the Soule Brothers retired. Upon motion duly made and seconded, it was voted to approve the application and grant a license to Soule Brothers to maintain one underground tank for the storage of 2,000 gallons of gasoline on premises located at 640 Lowell Street The Chairman reported that Mr. Charles H. Sweeney, Tax title 72 Cary Avenue, who submitted an offer of $200 for lot 118 Cary Avenue , obtained an estimate of the cost to install a 24" drainage pipe and said he would pipe the brook under the supervision of the Superintendent of Public Works . The Chairman said if Mr. Carroll could arrive at some satisfactory solution with Mr. Sweeney, perhaps the Board will reconsider disposing of the lot. 1 451 ' Mr. Stevens reported on the subject of tax on Diesel fuel oil and said he would endeavor to arrive at a settlement . If he is unsuccessful, thr Town will Diesel fuel have to pay $415.85 for the period from 1952 to 1956. oil tax It was agreed to authorize Mr. Stevens to dis- pose of the matter, either by settlement or by payment. Mr. Carroll referred to the triangular parcel of land on Reed Street and said that some decision should be made as to how the property is to be allocated to the abutters involved. Reed & Mr. Stevens explained that before the relocation Laurel Sts of Reed and Laurel Streets is accepted by Town Meeting, releases should be obtained from the property owners stating they would make no claim for damages and in- dicate what they would accept Mr. James said he recalled some discussion to the effect that they were to be given the land in return for release of damages for the abandonment. The Clerk was requested to refer to the meeting when the abutters involved met with the Board and ad- vise Mr. Stevens of the discussion at that time . He will then contact Mr. Jellis ' attorney and the Board agreed to accept whatever settlement he is able to make . Mr. Norman Richards, attorney for the heirs of Agnes Monahan, met with the Board. Mid Alice Monahan was also present . Mr. Richards was invited to meet with the Board in reference to his letter of January 28, 1960 requesting deferment, under the provisions of Chapter 159 of the Acts of 1950, of sewer betterment assessments on the Monahan property totaling $5,009.06. Monahan The Chairman said that the Board was familiar assessments with the problem and Mr. Richards said that Mr. Carroll had raised a question relative to deferment of the betterment assessment on the parcel of land across the street from the house . Mr. kichards explained that he had discussed with Mr. Carroll the possibility of carving out a lot upon which the house and barn would be located. That lot would have a regular betterment assessment, and the balance would come under the extension rule for three years . Mr. Richards said there is another lot across the street and asked if the time for payment were extended on that lot and it was later sold separately, would all the betterment become due or just the betterment on that lot . 452 4 CC 1.4 Mr. Stevens explained that the way it is drawn, it would mean the entire betterment . He asked if this lot abuts on other Monahan land, and Mr. Richards replied in the negative . Mr. Stevens explained that it has not been the policy of the Board to apply the statute to a single lot, and the statute was originally intended to apply to a larger area than a small single lot . He said if this is a lot by itself, it is a separate betterment, and the difficulty would come in extending the better- ment on a single lot . He said regardless of what it may have been before , it is now a single lot and the purpose of the Act was to enable farmers to defer pay- ment on large tracts of farm land. Mr. Richards said that he thought it would be best to carve out a single lot upon which the house is lo- cated and have the assessment on that apportioned. He could then ask for deferment under the Act for the bet- terment on the remaining land. Mr. Richards asked if he would be required to file a plan and Mr. Stevens replied that a plan would have to go on record. He said he thought Mr. Carroll should have a copy of the plan also. Mr. Richards and Miss Monahan retired at 8:25 P.M. The Chairman read a letter from the Massachusetts Town Clerks ' Association listing bills to come before the legislature this year. Messrs. Stevens and Carroll retired at 8:35 P.M. Upon motion duly made and seconded, it was voted Pole to grant the petition and sign the order for the Col- location lowing j/o pole locations, same having been approved by Mr. Carroll: Asbury Street, westerly side, northerly from a point approximately 85 feet north of Paul Revere Road, -- 2 poles . Letter was received from Mr. James F. Flynn, Lexington High School P.T.A. , requesting consideration to the erection of a permanent building on the athletic Refreshmant field, to be used as a refreshment stand. stand Mr. Adams suggested including this item in the survey being made of the facilities in the area. It was agreed to advise the Association that the Board is not in favor of the proposal at this time and prefers to wait until the land use survey has been comple ted. 453 The Chairman read a letter from Mr. Donald B. Cobb, 14 Hayes Lane, advising th't residents of the street would like to meet with the Board, having been advised Hayes Lane that the street would not be presented for acceptance this year. It was agreed to advise Mr. Cobb that an appoint- ment will be made if he so desires, but the hearings were held February 4 and it is not possible to include the street in this year' s Warrant for the Annual Town Meeting. Report was received from the Dog Officer for the Dog Officer months of October, November and December, 1959. Upon consideration of the report received from the Medical Panel appointed to examine Captain George W. Glenn, it was unanimously voted to retire Captain Retirement Glenn of the Lexington Fire Department for accidental disability under Section 85E (a) of Chapter 32 of the General Laws at an annual pension equal to two-thirds (2/3) of the highest annual compensation received by him while holding the grade of Captain; said retire- ment to be effective February 8, 1960 Application was received from Busa Brothers for a license to sell all alcoholic beverages, not to be drunk on the premises, at 131 Massachusetts Avenue . The Chairman suggested, and the Board agreed, that some publicity should be given in the Lexington Minute- man to the effect that the Board will receive appli- Package cations for an additional liquor license Goods Store Upon motion duly made and seconded, it was voted to advertise that an application has been received from Busa Brothers for a license to sell all alcoholic beverages, not to be drunk on the premises, at the following location; Store at 131 Massachusetts Avenue , consisting of one floor, one room, cellar to be used for storage ; front entrance on Massachusetts Avenue, side entrance to parking area, rear entrance to parking area and vehicle exit to Bow Street Upon motion duly made and seconded, it was voted to sign the Selectmen' s Report for the year 1959, sub- Town Report ject to revision. Upon motion duly made and seconded, it was voted to sign the Warrant for the Annual Election, March 7, Warrant 1960, and Town Meeting, March 21, 1960 4e4 z ac Mrs. Morey mentioned that the item of $90,000 for plans and specifications for a school in the vicinity of the Town dump on Lincoln Street is not going to be School requested at the March Town Meeting. She suggested that the Capital Expenditures Committee be notified as it will change the program and the Committee may want to revise its proposals for 1961 and 1962 before submit- ting a final report to the printer. Messrs . Maybee and Burnell, Planning Board and Mr. Snow met with the Board to discuss the contents of a letter to be sent to Mr. E.J. MtCarthy, Chief Engineer Route 3 of the State Department of Public Works, expressing the opinions of the two Boards relative to proposals for Route 3 submitted by Hayden, Harding and Buchanan, Inc . The Board determined the value of the water and sewer mains constructed in Eldred Street, and upon motion duly made and seconded, it was voted to assess betterments in accordance with the provisions of Chapter 80 of the General Laws, for the improvement made by the construction of the water and sewer mains on the follow- ing parcels of land in the following amounts: WATER HH:TTERMENT ASSESSMENTS ELDRED STREET No. Name and Address Lot No. Frontage Assessment 1502 Richard H. Soule N 749 $1,123.50 16 Hancock Street,Lexington 1503 Richard H. Soule 16 Hancock Street,Lexington M1 745 1,117.50 Lawrence H. Witherell 1 P.A. 138 Grove Street, Lexington 1504 Lawrence H. Witherell 138 Grove Street, Lexington 2 150.00 225.00 1505 Lawrence H. Witherell 138 Grove Street, Lexington 3 150.75 226.13 1506 Lawrence H. Witherell 138 Grove Street, Lexington 4 233.83 350.75 1507 Lawrence H. Witherell 5 150.00 225.00 II 138 Grove Street, Lexington $ 3,483.6d 455 111 &EWER BETTERMENT ASSESSMENTS ELDRED STRk:H.T No. Name ana Address Lot No. Area Assessment 5888 Richard H. Soule 16 Hancock Street,Lexington N 75,000 $ 3,080.95 5889 Richard H. Soule Ml 64,800 2, 661.94. 16 Hancock Street,Lexington 5890 Lawrence H Witherell 1 20,575 845 21 138 Grove Street, Lexington 5891 Lawrence H Witherell 2 15,000 616 19 138 Grove Street, Lexington 5892 Lawrence H. Witherell 3 15,075 619.27 138 Grove Street, Lexington 5893 Lawrence H. Witherell 4 22,250 914.01 138 Grove Street, Lexington 5894 Lawrence H. Witherell 5 13,300 51}6.3 138 Grove Street, Lexington 5895 Donald P & Barbara Kourian,h/w 18,100 743.54 124 Grove Street, Lexington $10,027.46 The meeting adjourned at 9:30 P.M. A true record, Attest: 4 j I 474 xe tiv Clerk, Selecn. A c Le"