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HomeMy WebLinkAbout1957-01-28-BOS-min 265 SELECTMEN'S MEETING January 28, 1957 A regular, meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 2 , .1957 at 7:30 P.M. Chairman Reeds Messrs. James, Maloney, and Mrs. Morey were present. The Executive Clerk was also present. Mr. Tucker war also present at the meeting. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Pole Company for a j/o pole relocation on Waltham Street. location Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j/o pole location: Waith-m Street, easterly side, approxi- matel- 310 feet north of Grapevine Avenue, One pile. One exisitng j/o pole to be r emov:•d. The Chai. =n read a letter from the Mystic Valley Gas Company r: questing permission to locate 220 feet of 3" steel H gh Pressure gas main in Ames Avenue. Gas main The company has discussed the subject with Mr. Gayer and exp ained that the installation is neces- sary to supplgas to a new home now under construc- tion. Upon mot on of Mrs. Morey, seconded by Mr. Tucker, it was voted o grant the request subject to the pro- vision that t 'e installation be made in accordance with Mr. Gaye .'s specifications and requirements. The Chai =n read a letter from W. F. Cowles, 187 Spring Street advising that he has sold a parcel of land and the ;'urchaser wants water. Mr. Cowles asked the Board to . onsider extending the water main a dis- tance of 775 'eet . He stated that the installation Req. for would cost hit, money as the owner of both sides of the water street, but felt that it would improve his property. Mr. Maloney said if Mr. Cowles is willing to pay for it, he could see no objection. He suggested that the Board advise Mr. Cowles that he would have to wait until the budgets are decided upon. It was agreed to discuss the request further with Mr. Gayer tomorrow evening when budgets are to be con- , sidered. 266 1-4 Del LL 8 Hang 8kC 1 ; s aginglEha�rtgieroe ii aeRWEItHea• beginning of the avenue reading "Not a Through Way" and another sign at the railroad tracks reading "No Trepassing". He asked for a clarification of the status relative to the right of trucks and cars to Hancock Ave. use the avenue as a through way. The Chairman talked to Town Counsel over the telephone and reported that it is up to the railroad and even if people use it, they have no comeback on the railroad. It is not the responsibility of the Town to prohibit people from using the avenue as a through way. The Chairman read a letter from the Lexington Golf .Club relative to t sewer betterment assessment in the amount of $2309.22 which had been deferred for three years, the time now having expired. The Club Golf Club would like to pay $909.22 immediately and extend the sewer balance of $1 .00 for another three-year period. betterment Mr. dames said he thought the entire assessment would have to be paid or else the entire amount would have to be deferred. He questioned whether a portion of the assessment could be paid. The Chairman called Town Counsel and reported that he thought there was a new law recently passed allow- ing partial payments of betterments. He agreed to check further and advise the Board. The Chairman read a letter from A. B. West, 33 Oak Street relative to water betterment assessments that have been deferred for three years, the time now having expired. He requested that payment again be West water deferred until such time as the land is sold, having betterment in mind that the water main has been of no benefit to deferred him and will not be until the land is sold. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of betterment assessment .of $375 on 250' on Oak Street, without interest, and $562.50 on 375' on Oak Street, abutting land now or formerly of Russell, without interest, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first, provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. i 267 At 8:00 P.M. Mr. Howard Butler, Scout Executive, and Robert Taylor, attorney, met with the Board rela- tive to the pro ?erty owned by the Sachem Council, Inc. and located on Irant Street. In 1954 the Board of Selectmen voted to defer a street betterment in the amount of $2,781.92, under the provisions of Chapter 159 of the Acts of 1950, for a three-year period. Mr. Butler presented a plan of the property deeded to the Boy Scouts by Mrs. Blake. He said when Grant Boy Scout Street was constructed, the Town took property by street eminent domain ;which belonged to Richards and received betterment a deed for it. The Council asked for an abatement but agreed upon deferrment. Now there is a prospective buyer and the attorney came up with the fact that old Grant Street had been abandoned and there is np access to the property except a very small strip up at the northern end. le said he thought the Selectmen could relinquish claims in the property. He pointed out a small piece of Land about 145 square feet which belongs to the Town. He said at the moment the sale is off be- cause of this piece of property and he appealed to the Board for action. He said the Council would like to dispose of the property and pay the betterment. He said the only deed they have is one from Mrs. Blake. The Chairman said that, as far as he knew, there is no instrument to the effect that the Town abandoned the property. ie said the only action the Board could take would be to insert an article in the warrant if the Board decides to dispose of that small parcel. The Board has no authority to sell property without a vote of Town Meeting. Mr. Taylor asked if the Board could give a release, and the Chairman explained that he had discussed the subject with Town Counsel who advised that there would have to be an article in the warrant. Mrs. Morey asked if there were four house lots and Mr. Butler replied that there is a plan on file showing four house lots. He said that he did not know what the prospective purchaser intends to do. He said the lots are long but not very deep. The Chairman said that the Board would have to de- cide if it wants to sell and then insert an article in the warrant, and have Town Counsel and Mr. Taylor com- plete details. Mr. Butler asked if the Board would determine the selling price or if Town Meeting would determine it, and the Chairman replied that the Selectmen would de- cide. 268 r= The Chairman said at the moment he did not know what price to put on it if anything. Mr. Butler said the day it is sold the Town will receive a check for the $2781.91 betterment. Mr. Maloney said that the land is on the inner perimeter and if the size of the Iota should be changed to a gain, the purchaser should pay. If the purchaser is not going to gain, that is something else. Mr. Butler said he would not gain another lot. At the present time it would not qualify. Mr. Maloney explained it would not have to qualify on the so-called inner perimeter. Mr. Butler said that the Council has a contract price which calls for footage on Grant Street. The deal is either off entirely or they will have to nego- tiate the whole thing. Mrs. Morey said that the lots should be worth $3,000 each, and Mr. Butler said that it is all ledge and it is high. The Chairman said that he was sure the Board could arrive at some agreement and then Mr. Taylor could get in touch with Town Counsel. Mr. Butler said that after the Chairman calls him tomorrow, he °will contact the buyer and advise him that the deal is off until after Town Meeting. Messrs. Butler and Taylor retired at 8:20 P.M. It was unanimously agreed to establish the price of $1.00 for the land. The Chairman read a letter from John F. MacNeil advising that the bonds required for public offioials can be purchased at a much lower cost than the Town has been paying. Mr. James asked if the Board of Selectmen had Officials' jurisdiction over the other elected Town Officials. bonds Mrs. Morey suggested that Mr. MacNeil submit to the Board what his charge would be and then forward the information to the officials who have to be bonded. Notice was received from the Planning Board re Hearing hearing scheduled January 30th on proposed hotel to be located on land situated at the intersection of Marrett Road to Route 128. Letter was receival from the Division of Accounts certifying the amount/available funds or "free cash" as of January 1, 1957 to be $391,266.29. I 269 Letter was received from the Board of Assessors Tax rate advising that a round figure of $2,500,000 could be -� used in an estimete for the 1957 tax rate. Warrant ='n the amount of $20,621.74 was received from the County as the sum Lexington is to pay for Mdsx. Cty. maintenance, operation and repair of the Middlesex San. Warrant County Sanatorium. Certificate of Incorporation was received on be- half of Willi m H. Wildes, et als, said corporation to be known a the Lexington Council No. 91. Knights Cert. of of Columbus B ilding Association, Inc. Satisfactory Inc. chaster refer noes were received from the Chief of Police. Upon mot on of Mr. James, seconded by Mr. Maloney, it was voted ,o sign the ceritficate. Certificate of Incorporation was received on be- Cert. of half of Ralph A. Burnham, et, al, said corporation to Inc. be known as The Walter E. Fernald League, Inc. Satis- factory character references were received from the Chief of Police. -Upon mot_on of Mr. James, seconded by Mr. Maloney, it was voted to sign the certificate. IIFurther consideration was given to David Walsh's offer of $25 each for lots 263-265 inclusive on Tax title Wood Street. The Chairman reported that the abutting owner, lot 26 , is Robert C. Johnson, 60 Wood Street. It was nimously agreed to entertain an offer of $500 for the three lots, no restrictions to be mentioned at the present time. Letter was received from the National Conference of Christians & Jews, Inc., together with suggested Proclamation proclamation 'or Brotherhood Week, February 17-24. The Chai man was authorized to sign the procla- mation for pu lication in the Lexington Minute-man and advise th conference that literature pertaining to the subjec could be mailed to Mr. Alan G. Adams. Applicat on was received from the Minute-man Council Girl °outs requesting permission to hold Use of hall meetings in a conference room, Cary Memorial Build- ing on February 6, March 6, May 1, June 5, September 7, November 6 and December I . Upon motion duly made and seconded, it was voted to gran the request. Lab N M1 Application was received from the Lexington Choral Societyfor permissiom to conduct rehearsals in Cary Uses of hall Hall on Saturday, May 18th from 9:00 A.M. until noon; Sunday, May 19th from 1:00 P.M. until 5:00 P.M. and a concert on Sunday, May 29th from 8:00 P.M. until 11:00 P.M. Upon motion duly made and seconded, it was voted to grant the uses of the hall free of charge, subject to a fee of $1.50 per hour for janitor's overtime ser- vices. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant the following licenses: Licenses Countryside Pharmacy 317 Woburn St. . Com. Vie. Renl. Hansen & MacPhee 436 Marrett Rd. 1st Class Agent Hansen & MacPhee 436 Marrett Rd. Storage of anti Fre- eze & motor oil William DeFelice 80 Westview St. Peddler Notice was received from the Massachusetts Select- ments Association re bill H-437 which provides that Bill H-437 meetings of public authorities be open to the general public. The Association felt that a possible inter- pretation of the bill would prohibit boards and com- mittees from holding executive sessions. The Chairman was instructed to write Senator Ferguson and Representative Brox and advise that the Board is unanimously opposed to the bill. Mrs. Morey referred to the public hearing held on Friday relative to proposed reconstruction of the Concord Turnpike, Route 2 and suggested that the Concord Board send a follow-up letter in regard to a parallel Turnpike road from Route 128 to Waltham Street. She pointed out three proposed cloverleaves in very close proxi- mity. She agreed to withhold her suggestion until Mr. Maloney has had an opportunity to obtain a plan. The Chairman read a letter from the Lexington Chapter American Red Cross requesting permission to Red Cross garage a station wagon in the Barnes property. The Board had no objection providing space is available . At 9:30 P.M. Mr. Richard Purington and Mr. Horace MacKechnie met with the Board relative to Civil Civil Defense, Defense The Chairman explained that Captain Mclssac had agreed to attendthe meeting and had told him that he did not think a Director wou]s] have to de- vote four days a week to the work. 271 Mr. Purington explained that the four days was taken from a survey of a rating by Captain Mclsaae. Mr. Purington reported that he had talked to Dr. Morrison and had been informed that Lexington does not have a rating of 75% and therefore, is not eligible for Federal surplus materials. He said the Town could equip itself with blankets, cots,, etc. fro* Federal surplus, but not unless it makes the 75% rating. He said one reason for the low rating was the one hour a week devoted to Civil Defense. He said a town the size of Lexington is listed as requiring a Director four days a week and a secretary for three days which would imply that there is a great deal to do. He said there is work to be done but he could not see how anyone could spend that much time. He said he would not like to take the position as Director under those conditions. He ex- plained that a Civil Defense Director is a co-ordina- tor and in time of disaster does not have anything to say about the Fire and Police, those departments be- inggresponsible to the town Government. The local director is a co-ordinator and he is to see what the needs of the police and fire are and help them as well as work with the Red Cross. He is not a dictator and has no authority to run any town department. He explained that this has not been understood, and said that there is no reason why the Director should not get along with the Police and Fire Departments. He stated that whoever is Director can be a help to the Town as a co-ordinator. The State takes the attitude that Civil Defense is a local affair. The Statets function is one of co-ordination and making supplies available. He said he did not think it a gpod idea for the Director to have his office in his home. He thought the Board should know what is going on and themailing address should be the Town Office Building and the Director could pick the mail up. Mr. MacKechnie said that Civil Defense should be at a local level and take care of local emergencies and that is the new thinking of Civil Defense. Mr. Purington stated that the immediate problem is to find an individual who has time to serve as Civil Defense Director and let him. He recommended that the Director and the Chief of Police and Chief of the Fire Department read what the functions of a Director are. He said he did not think he should take the position himself as he is out of town and would not do justice to the job. Mr. MacKechnie said the Director should be a person with some executive ability. 272 DI Mr. Purington finally suggested that he and two others work as a committee and no one be designated as Director in an effort tb get the program started. It was agreed that the Police Chief and Fire Chief would be advised that Civil Defense work will be undertaken by a committee consisting of Messrs. Purington, MacKechnie and Prescott. Messrs. Purington and MacKechnie retired at 10:30 P.M. Mr. James reported that a fireman, Govan, is leav- ing the employ of the Town and has brought up the ques- Vacation tion of vacation. He has worked for the Town about seven years. The vacation policy adopted by the Board in 1956 was reviewed and the Board concluded that it is obvious that Govan is not entitled to a vacation. The Chairman was requested to write the Board of. Fire Commissioners and ask for a breakdown of the $500 additional amount they are requesting for extra duty. The meeting adjourned at 10:50 P.M. A true record, Attest: -gxectttive 6lerk,\ Selectmen � f ,y. L