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HomeMy WebLinkAbout1955-06-06-BOS-min 96 Cle SELECTMEN'S MEETING 11 June 6, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, June 6, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Reed, Maloney and James were present. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. Letter was received from the State Department Chapter 90 of Public Works advising that bids for Chapter 90 work on Hill Street will be opened by the Commis- sioners at their office, 100 Nashua Street on June 11th at 2:00 P.M. Letter was received from James J. Carroll, Town Resignation Clerk, advising that James V. MacDonald has resigned as a member of the Appropriation Committee, effective May 31, 1955. Letter was received from James J. Carroll, Town Committee Clerk, advising that the Moderator has made the fol- appointed lowing appaintments to the Additional Town Office Building Committee: John H. Brooks, Jr. , Robert W. Hunter, Frederic K. Johnson, William E. Maloney and Haskell W. Reed. Letter was received from James J. Carroll, Town Clerk, advising that the Moderator has made the fol- Committee lowing appointments. to the Capital Expenditures Com- appointed mittee: Mrs. John F. Rich and Donald E. Williamson, one year; John A. Carrier and D. Sargent Goddard, two years and Sanborn C. Brown for three years. The Chairman said that he has had four or five requests relative to placing rubbish barrels on Mas- Rubbish sachusetts Avenue in front of Woolworth' s and some barrels of the drug stores. Mr. Burns said that he has no objection and the suggestion is a good one if it works. He did have barrels at Depot Square that were chained and pad- locked, but they prored to be very unsatisfactory. He said, however, be would try placing a couple in the center and see how they work out. The Chairman read a letter from Colonel John L. Miles offering an oil painting of the "'Consti- tution" to the town. He explained that Colonel 97 II Miles inquired last week as to who was president of the Lexington Historical SBcibty. The Chairman informed himcthat the president is Charles Davis, but he went Oil painting to see Mr. Worthen. Mr. Worthen asked Mr. Davis to given to Look at it to determine whether or not the tewn ,would town be interested in it. The Historical Society has no place large enough to place it, and Mr. Davis ad- vised Colonel -Miles that the painting could not be used in any of the historical houses. The Chairman aksed Colonel Miles today if he wanted to give the painting to the Soviet* or to the town and he re- plied that he wanted to give it to the town and said that it was appraised at $500. The painting needs to be reframed but that item is not included in the offer. Mr. James suggested that the Chairman advise Colo- nel Miles that the Board will accept the painting and will request the next Annual Town Meeting to appropriate funds to cover the coat of reframing, and also that it will take tins to find a suitable place to hang the pic- ture. Letter was received from the Prom-Manaders Club re- Sign questing permission to .place a sign on Depot Square in connection with a Clean-up Week campaign scheduled for June 19th. The Board had no objection. Upon motion of Mr. Reed, seconded by Mr. James, it Cert. of Inc. was voted to sign a certificate of corporation on be- half of Clement N. Williams, 341 Wood Street; satisfactory character reference having been received from the Chief of Police. Letter was received from Mr. Palmer, Town Accoun- tant, advising that there is a deficit of $136.45 in the 19th of April appropriation, and suggesting that the Board request the Appropriation Committee to transfer Transfer this sum from the Reserve Fund. The Chairman was authorized to request the Trustees of Public Trusts to transfer this amount from the Leroy S. Brown Fund, the income of which was intended to be used to help defray the expense of the 19th of April celebration. Mr. Stevens, Town Counsel, met with the Board at 7;140 P.M. Application was received from Wal-Lex Motors, Inc., 915 Waltham Street, for a First Class Agent' s license. License The Chairman reported that he went over there the other day and the property has not been cleaned up as 98 CD CL promised by Mr. Hardy when he and Mr. Chavez met with the Board some time ago in re a Second-Class Agent' s License. Mr. Maloney said that he thinks the man to con- tact is Mr. Hardy. Mr. James suggested that the Chairman talk to the applicant before the license is granted. Mr. Reed said that he had no objection to holding up the license but thought that someone should talk to Mr. Hardypeople and if p ople are living in a trailer there, as reported, the Building Inspector should in- vestigate. Mr. Stevens referred to Mr. Robert Lyon' s request for abatement of water betterment assessments on land located on Wachusett Drive, formerly owned by McIntosh Lyon req. and Marrett Road, formerly owned by Cacciola. for He stated that the Cacciola property was taken by abatement the Commonwealth in 1951. The Assessors asked this of Board to abate the water betterment believing that all assessment the property had been taken. However, it had not all been taken and it was put back on the tax rolls but the water betterment was not added. The betterment had been apportioned over a period of ten years and through an error in the Tax Collector' s office the State was not notified of the unpaid bill. Therefore it was not paid. Then it was taken for nonpaymext of the 1952 real estate tax. In 1953 they put on the tax again and committed one installment of the water betterment. Mr. Carroll gave Lyon a release. He collected that one installment which made two installments that were collected. The 1951 betterment was not given to Mr. Carroll up to the time he gave a release. It had not been paid and the 1954 tax had not been paid. Mr. Stevens further stated that from now on the Collector is going to assume as soon as the tax bill is overdue--; and she will turn it over to the Treas- urer so it will be added to the tax title account. He said that Mr. Lyon purchased the property with full knowledge of the betterment and the validity is to be determined at the time it was put on. No application for abatement was filed and Mr. Stevens said that he could see no reason for abating it, and recommended leaving the betterment on. He suggested that 'the Board advise Mr. Lyon that the subject has been re- viewed and the Selectmen have decided not to abate the water betterment assessment. Mr. Stevens said that he would say the same thing in regard to the water betterment on the Machusett Drive land. Mr. Lyon purchased that in November, 1954 and a 99 IIbetterment was put on in 1951. In 1952 Mr. McIntosh Lyon req. asked to have it deferred and in May, 1952 it was de- for ferred until the land was built upon, sold or the ex- abatement piration of three years whichever event occured first. of The land was sold and it was then recommitted to the assessment Collector to collect. She made a demand but did not receive payment and in tovember that portion was sold to Lyon. He knew the betterment was there and is willing to have the fellow to whom he has sold pay a portion of it. He said that Mr. Lyon, being the owner of the land on January 1st, he would think it should not be abated or deferred. Mr. Stevens said that he will advise the Collector to tell the Assessors that it has not been paid and have it added to the 1955 tax bill. At 8:00 P.M. Chairman Hyde and Mr. Skelton, Bur- lington Water Commissioners, and Counsel Morse met with the Board. Mr. Morse said that Burlington has a problem on Muller Road with new residents who want water. He said the Town of Burlington is not in a position to install a main a mile or more to give them water. The resi- dents have formed a group and put an article in the Water for Water District Meeting asking permission for the Town Burlington of Lexington to sell water to the Burlington Water Die- residents trict. That Bill was filed today. Be said that Rep. Ferguson suggested that Burlington find out, if the Bill is passed, if Lexington would be willing to sell water. The Chairman stated that the Board agreed last year, if the Bill went through the Legislature, to make some arrangements to see that those people re- ceived water from the end of the main on North Street. He said that it would be definitely restricted to the eleten or twelve houses and no further extension of the line would be permitted. He explained that the work in Lexington was to be done under Mr. Burns' supervision and Burlington would be billed. He said that all bills for the water would be sent to the Burlington Water Commissioners and paid by them and they in turn would collect from the residents. He stated that Burlington would be billed direct through a meter at the town line. Mr. Hyde said that they did not understand about the work to be done in Lexington. Mr. Burns explained that it is under 100 feet and Lexington would carry it to tie line and Burlington will take it from there. He stated that Burlington would sup- ply the meter and the pit, and said that he wants it very definitely understood that the extension is to be made for these twelve houses only. He said that the next thing 100 0.1 to happen would be the Town of Burlington advising ng 8 that Lexington would not go any further and then the people would be arguing with Lexington. He said that he does not want any question about this at all and it must be understood that the water main extension just to service this particular group of twelve houses. Mr. Hyde stated that Burlington has an engineer' s survey and a figure has been approved to construct in Burlington, but it does not include any construction in Lexington. The Chairman asked if the engineer figured from the end of the hydrant and Mr. Hyde replied that he probably did as he took the flow test from the hydrant. Mr. Morse said that the Bill does not mention do- ing any work in Lexington and Mr. Stevens explained that Burlington would not do the work. Lexington would do all the work at Burlington' s expense. Mr. Burns said that Lexington would bring it to the line and then bill Burlington. Mr. Stevens stated that it will be Lexington's line in Lexington and Burlington will be paying for it. Mr. Morse asked what the Board' s position would be in re the M. D. C. Act if the Bill was not passed and Mr. Stevens said that he did not understand that Burlington had an inadequate supply, but it is a situ- ation where Burlington does not want to run the pipe. He explained that the Act was designed to cover cases where towns are short of water. Mr. Morse suggested that the Board write a letter stating that if the State House goes through with this, Lexington will supply water when the time comes. He said that they will have a meeting on June 27th and it would help if he had a letter to read from Lexington. The Chairman said that the Board had no objection and would send a letter to the Board of Water Commis- sionersy Burlington Water District, and a copy to Mr. Ferguson. He said that when the Bill has been passed by the Legislature Mr. Stevens will discuss the sub- ject with Mr. Morse and work out the details. He also said that he thought Lexington should have a list of the names of persons who will be taking water from this line. The group and Mr. Stevens retired at 8:35 P.M. The Chairman advised that there are several pieces of tax title property to be viewed and it was agreed to look at the lots on Thursday at four o'clock. 101 The meeting adjourned at 8:40 P.M. A true record, Attest: - le , ectMen