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HomeMy WebLinkAbout1957-03-11-BOS-min 002 C" vq SELECTMEN1S MEETING March 11, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 11, 1957 at 7:30 P.M. Chairman James, Messrs . Reed, Maloney, Tucker and Mrs. Morey were present. •Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works , and the Executive Clerk were also present. The Chairman brought/vRe Pe subject of the Great Meadows about which article in the warrant for the Arlington Town Meeting. Mr. Stevens reported that he has tried to contact the Town Counsel in an effort to find out what he knows about the matter but has been un- successful. He said that some time ago he did discuss this with the former Town Counsel and on several occasions Arlington had wanted to dispose of the land, but the title was so confused nothing was done. In some of the land they have drainage rights, some they have in fee and some they just use. He said he would still try and contact Arlington Town Counsel and report what he finds out to the Board. Mr. Stevens referred to property on Concord Avenue, formerly in the name of Mitchell and now Quinton, upon which Mr. Collins, Welfare Agent, placed an Old Age Assistance lien. Later, when the amounts advanced were paid Mr. Collins discharged the lien. The attorney for the Lexington Savings Bank ruledthat the Board of Public Welfare is not the proper body to discharge the lien and he wquld accept only a discharge by the Board of Selectmen. Ni'. Stevens explained that the Statute, as he recalls it, says an appropriate official, and in his opinion the Board of Public Welfare was the proper official and could delegate the authority to Mr. Collins . He pointed out that if this particular case is handled any different, it might throw some question on others signed by Mr. Collins. he said he did check with attorneys for other banks in town and they had passed the ones discharged by Mr. Collins. He reported that at a meeting of the City Solicitors and Town Counsels, at which over fifty were present, the opinion was that the Selectmen should not have to sign the discharge. however, Mr. Tyler is firm in 333 his opinion and the Lexington Savings Bank has indicated to the owner that there is nothing they can do as the bank attorney will not certify the title, Mr. Stevens said he received a call Saturday from the attorney for the owners who wants something done. Mrs. Morey asked if the Board could sign it with out establishing a precedent. Mr. Stevens explained that in any other case where the bank is involved the Board will be subject to the same thing. He said/tAtre is something Old Age included in the warrant for the next meeting where- Assistance upon it is voted to have them executed by the Board lien of Public Welfare or its Agent, it will satisfy Mr. Tyler. The Chairman asked if Mr. Tyler knew Mr. Stevens ' recommendations to the Board. Mr. Stevens said he told Mr. Tyler he would re- late the situation to the Board and that it was his opinion it is not a function of the Board of Select- men. The Chairman asked if a letter from the Board to Mr. Tyler relating the Board 's position was proper. Mr. Maloney asked how many times this happened and Mr. Stevens replied that he did not know. ne said it must have been a number of times and as far as he could find out from other communities it is done this way. The State Department of Public Welfare thought it was alright this way. Mr. Stevens said he did not know how often this would come up and the Selectmen would have to have a letter from the Board of Public Welfare stating this had been paid, that the release had been signed by Mr. Collins and it is in order for a further release to be signed by the Selectmen. The Chairman asked if it would be in order for the Selectmen to write a letter to the attorney for the bank and Mr. Stevens replied that the Board has no direct relation with him. He said the seller owns property and would be entitled to an explanation,. and he has that explanation through his attorney. He said he told him he would take it up with the Board of Selectmen and if the Board wanted to sign it all right and if not all right. Mr. Reed said the situation may- come up again relative to the Lawrence property on Waltham Street. The Chairman read a letter ,from Charles F. Small, attorney, relative to blasting damages on Fate land k, 334 R1 C Street. Mr. Stevens explained that blasting permits are Blasting issued by the Fire Department and took the letter damages with him. Mr. Stevens referred to the article on Allen Street and explained there it is relocating and reconstructing a portion of the street, which is a town way, it is not possible to borrow under para- graph 5 of Section 7. fie said the width to which the whole street is being dug up has a bearing on whether or not it can be called construction. He said it amounts to resurfacing and that is a five-year bor- rowing and not ten. He said it means that there will have to be twenty-five cents of the assessed appropriation for the streets and for Allen Street. The Chairman said that Allen Street must be pre- sented as a seperate motion. Mr. Stevens said that was definite. The Chairman said that the amount to be raised is too little under the street vote. Mr. Stevens agreed and said it has to be increased from three something to ten something. Mr. Stevens retired at 8:20 P.M. Mrs. Monahan and her daughter, Alice, met with the Board relative to sewer betterment assessments to be levied on property owned by Mrs . Monahan and Monahan located on Haskell Street and Lowell Street. sewer Following a lengthy discussion, the Chairman betterment explained that al ,that can be done is for Mrs . Monahan to lay/as a lot the piece of land upon which the house is located. The assessment on that portion can be paid over a period of twenty years at L1% in- terest. The assessment on the balance of the property can be deferred until such time as it is sold. The Monahans retired at 9:00 P.M. Mr,. Alfred P. Tropeano and Mr. John MacNeil met with the Board. Mr. Tropeano said that Mr. MacNeil has a hearing MacNeil coming up tomorrow night before the Board of Appeals. building He explained that Mr. MacNeil was hoping to get.,/a0' street but never did. He presented a plan which he said aaas the original one approved by the Board of Appeals . He explained the seven foot and three foot variance and located them on the plan. He is now going in for a further variance to allow seventeen foot stores . 335 The building is being extended into business. Mrs . Morey asked if each store had a rear entrance and Mr. Tropeano replied in the affirmative. Mr. Maloney asked where the stores would front and Mr. Tropeano replied on a grass plot on Depot Square . Mr. Tropeano said he would like the Board to ex- press an opinion at the meeting with the Board of Appeals tomorrow night, He said if Mr. MacNeil cannot put up a building he would have a clain against the town. He said all he wants is an additional couple of feet and another little strip which he indicated on the plan. The Chairman, indicating on the plan, asked if what Mr. MacNeil wanted was three feet rather than five feet in addition to the ten feet variance in the back of one of the three proposed stores. Messrs. Tropeano and MacNeil retired at 9 12 P.M. Mr. Reed also left the meeting. The Board was not opposed to the requested variance. The Chairman read a letter from John E. Ward, 15 Robinson Road relative to a drainage problem. He wrote to the Board last Fall and asked that the town look into the adequacy of the Techbuilt drainage system. Mr. Gayer reported that he has an appointment with Techbuilt tomorrow morning and has contacted Ward Mr. Ward who is satisfied with his efforts. He said drainage he would go over the situation with Techbuilt and problem then contact Mr. Ward again. The Chairman was authorized to advise Mr. Ward that the Board understands, through the efforts of the Superintendent of Public Works, the matter is being straightened out to lois satisfaction. The Chairman read a letter from Harold Conant relative to the new water tower and a reference to the reservation of 200 square feet, which he advised Water was obtained by the Town by an act of Legislature. tower Mr. Gayer said he did not think the thirty-foot strip to which Mr. Conant referred would be needed. However, he is in the process of checking that now and may have to consult Town Counsel. The Chairman was authorized to advise Mr. Conant that the Board is in the process of having the bounds, ownerships and deeds checked and will contact him 336 L=J when complete information is obtained. Letter was received from Maurice Shaughnessy, together with petition, requesting the installation of safety devices at Maple and Lowell Streets and Traffic Winchester Drive . Maple & Mr. Gayer said he felt something was needed Lowell and last year he asked the State for suggestions Streets but has not heard anything. It was agreed to advise Mr. Shaughnessy that the State has been requested to make a survey of the area and the Board is waiting for its recommendations. Mr. Gayer reported that he talked to Howard Dawes relative to his recent communication with reference to sewer betterment assessment. Mr. Dawes Howard is now interested in the street and he has talked to Dawes Mr. Reed about it. He explained that if the two lots Sewer are combined it will make a difference on his street betterment betterment assessments. Mr. Gayer told Mr. Dawes assessment that to have the Board act on it might require that the lots be recorded in land court and he said he would discuss the subject further with Mr. Reed. Mr. Gayer retired at 9:30 P.M. Letter was received from Rev. Harold T. Handley, on behalf of the Parish of the Church of Our Redeemer, requesting permission to erect a stand on the Rectory Stand grounds, April 19th for the sale of food and coffee from 7:00 A.M. until 11:00 A.M. The Board had no objection. Letter was received from Rev. Harold T. Handley, on behalf of the Church of Our Redeemer, requesting Paper permission to conduct a paper drive in the parish drive on Sunday, March 24th. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the request. Letter was received from the American Legion, Stanley Hill Post, No. 38 Inc. requesting permission Stand to use the location at the corner of Massachusetts Avenue and Meriam Street on the morning of April 19th to sell coffee, doughnuts and soft drinks. Upon motion of Mr. Maloney, seconded by Mrs . Morey, it was voted to grant the request and to advise the organization that activities are to be terminated at noon, April 19th being Good Friday. 3:37 The Chairman read a letter from the Planning Board with reference to the so-called Holmes tax title pro- perty located off Waltham Street, for which Mr. Alfred P. Tropeano had offered $1,000 per acre . The Planning Tax title Board wished to be placed on record as being opposed to the sale of this property. With the formulation this Fall of the Board's overall preliminary develop- ment plan for Lexington, it hopes to have ready specific recommendations for the use of town-owned lands. The Board of Selectmen felt that it was in the best interest of the Town to retain the property. the Chairman read a letter from Gerald Holton with further reference to tax title lots 534 and 535 Butler Avenue. Mr. Holton said that he can now agree to purchase the property. The Chairman was authorized to advise Mr. Holton Tax title that the Board entertained an offer of $800 for the two lots, plus $191.60 sewer betterment and will advertise the proposal to sell in this week's issue of the Lexington Minute-man, following which further consideration will be given the subject and the re- sult of which he will be notified. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to approve Surety Bond 611297, on behalf of Ethel U. Rich Tax Collector, in the Bond amount of $82,700; said bond having been approved by Commissioner Dane. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to approve Surety Bond F-122837, on behalf of James J. Carroll, Town Treasurer, in Bond the amount of $71,000; said bond having been approved by Commissioner Dane , and further voted to approve Surety Bond F-101165, on behalf of James J. Carroll, Town Clerk, in the amount of $1,000. Letter from the Lexington Visiting Nurse Association relative to the appointment of a representative from the Board to the Board of Directors of the Association was held over. Mrs. Morey agreed to represent the Board again this year. Further consideration was given to bill in the amount of $72 for items purchased by the Woburn Draftees ' Draft Board. The Chairman reported that Mrs . Murray, gifts Secretary to the Board telephoned and explained that 338 DI not only draftees receive gifts but all enlisted men and the towns of Winchester, Stoneham and the City of Woburn are billed and pay their share. She reported that it is very difficult for her to determine the number of enlisted men from Lexington as she has 4300 registrants. Mr. Tucker agreed to discuss the subject with Mr. Daniel A. Lynch, a local member of the Draft Board. The Chairman reported that the D L Disposal Service has applied to the Board of Health for a permit to collect rubbish in Lexington and the application will be acted upon at the next meeting of the Board of Health on Friday, March 15th. The electm' en to company will like a permit from the S distribute circulars and have it in time to use Saturday, March 16th. The Board granted the permit to be held by the Clerk pending the issuance of a permit from the Board of Health. A copy of the letter from the Selectmen granting a permit to distribute circulars is to be sent to the Board of Health and also the Chief of Police. Mr. Stevens retired at 10 00 P.M. Upon motion duly made and seconded it was voted to appoint Charles H. Brenton local Superintendent of Insect Pest Control for a term expiring March 31, 1958 in accordance with Chapter 657, Section 13 of the Acts of 1956. The Chairman referred to Mr. F. B. Gummere 's visit with the Board and brought up the question of what statement the Board should make relative to his proposal. F. B. ars. Morey said that she was in favor of Gummere having the subject opened for the Town to decide and she did not think the Board had to commit itself. It was agreed to advise Mr. Gummere that the Board has been very much interested and would be interested to pursue the matter further in more detail and find out just what it is going to involve as to facilities. At 10:20 P.M. the Appropriation Committee met with H the Board. Mr. Madden said his Committee understands it is a fact that there is left inside the debt limit $335,000 which includes $10,000 paid this year. The Committee would not consider going to the Emergency Finance Board and askto increase the amount inside the debt limit. It preferred to see what can be done and also 339 felt that something should be done about the Junior High School. He explained that the Committee wants to do some work on the school and voted to approve $200,0f0 for that purpose . They would like to leave some bonding still left - take some bonding for streets, some for sewers and some for school and the balance to be raised in the current tax levy. The Committee then contemplated going through budgets and the one spot was in the Public Works Department. He said for example, there was an increase in personnel which was intended to bring about greater efficiency of operation. He said the Committee felt it could save so much money by hot providing for it this Financing year which would lesson the blow on the tax rate Town this year. Meeting The Chairman said that the Board of Selectmen votes has not discussed this very thoroughly yet and he did not know if the Board had given it any thought at all. He said that the Committee probably knew that Allen Street cannot be included in the same vote as the streets, It can be bonded for a maximum of five years, if it is bonded, and requires 25¢ per thousand assessed valuation as do the other group of streets and as do the sewers . That means that Allen Street must stand on its own as an item to be voted. He said, as an individual and not speaking for the Board, he thought if anything could be eliminated, Allen Street is it. He said ;34,000 was the figure on Allen Street and the 25¢ required amounts to ;x13,400 to be appropriated by transfer or tax levy. Something less than ;30,000 could be bonded. On the other group of streets, there must be transferred or raised by taxation another ;13,000 odd dollars and not as the report indicated. He said the same holds true for the sewer article. There must be ;13,000 by transfer or taxation. Mr. Madden said that the Committee will have to decrease what it has recommended bonding for the streets. The Chairman explained that, by leavingAllen Street out there is a balance of ;60,600 if which 13, 600 has to be transferred or appropriated. The bonding there can be reduced to ;47,000. The Appropriation Committee retired at 11:30 P.M. Upon motion duly made end seconded, it was voted to sign the following sewer and water orders : Depot Square , sewer and water from Meriam Street 1 MV southeasterly a distance of 153 ' more or less; Lowell Street, sewer, from Haskell Street a distance of 1450 ' northerly; Crescent Hill Avenue, sewer, from Haskell Street a distance of 545' southerly; Haskell Street from Lowell Street a distance of 675' more or less easterly. The Planning Board met with the Selectmen. A short discussion was held relative to Mr. John MacNeil 's hearing before the Board of Appeals on Tuesday, March 12th. The meeting adjourned at 11:40 P.M. A true record, Attest: x eycive Cler Select 'en. * ,4s •rL I � YL 1