HomeMy WebLinkAbout1960-02-08-min 450 1.4
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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.
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' 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 .
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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.
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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
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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:
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xe tiv Clerk, Selecn.
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