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HomeMy WebLinkAbout1950-10-16-min 241 SELECTMENIS MEETING IIOctober 16, 1950 A regular meetingof the Board of Selectmen was gu held in the Selectments Room, Town Office Building on Monday evening, October 16, 1950 at 7:00 P.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk and Mr. Burns, Supt. of Public Works, were also present. Hearing was declared open upon the petition of Bunker oil Porter Bros. & Wilson for a permit to maintain an hearing additional underground tank thereby increasing the storage capacity of Bunker oil from 10,000 to 20,000 gallons, on the premises located at 6 East Street. No persons attended the hearing in favor or in opposition. Notice of the hearing, advertised in the October 5th issue of the Lexington Minute-Man was read by the Chkirman and the application approved by the Chief Engineer of the Board of Fire Engineers . Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to approve the application and issue the permit. At 7:03 P.M. hearing was declared open upon the petition of the Boston Edison Company and the New EnglandTelephone and Telegraph Company for a joint pole pole location on North Street, approximately 2365 locations feet northwest of Adams Street. No persons attended the hearing in favor or in opposition. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was votedto approve the petition and sign the order. At 7:05 P.M. hearing was declared open upon the petition of the Foston Edison Company and the New England Telephone and Telegraph Company for joint Pole pole locations on Marrett toad, southeasterly from a locations point approximately 445 feet southeast of Massachusetts Avenue (two poles ) . No persons attended the hearing in favor of in opposition. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the petition and sign the order. Mr. Burns reported on the drainage problem at Drainage Webb and Woburn Streets and explained that a pipe Webb & runs from the Faulkner property diagonally across to Woburn St. the corner of Webb and Woburn Streets . 242 He explained that when Woburn Street was constructed several years ago, the road was raised and as a result the water was dammed in. The facts, insofar as Mr. Burns has been able to secure them, are that Mr. Wood objected to the water being dammed up. Then he objected because he was afraid the water would go from the street to his land and it was blocked and has been blockedamer since. Mr. Burns stated that is the spring of the year the Faulkner house cellar is flooded. Now Mr. Woods has no objection to the pipe being opened providing there is no catch basin installed. Mr. Burns said that if the pipe is repaired he thought it would work all r ight, and the cost will be about $30. The Chairman asked if this were town water or natural drainage and Mr. Burns replied that it is natural drainage, The Chairman asked if Mr. Burns recommended re- pairing the pipe in an effort to correct the situation and Mr. Burns replied in the affirmative. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize the Supt. of Public m'orks to correct the situation as outlined by him providing permission is obtained in writing from the owners of the property involved. Mr. Burns discussed the drainage at Concord Ave. and Waltham Street and reported that the condition insofar as Mr. Abbott is concerned has been taked Drainage care of. Now he has the problem of Mr. Lima. The Concord Ave. water runs off Waltham Street onto his property. Waltham St. The final solution involves running a drain from Hardy's Pond Brook up to Waltham Street. The Chairman asked if it is Town water and Mr. Burns replied in the affirmative and stated that it takes all the water off Waltham Street up to Blossom Street. Mr. Burns said that he has explained to Mr. Lima that he could see no chance of anything being done this year, but Mr. Lima wanted him to bring the sub- ject to the Board's attention. He said that he had talked with Mr. Welch about Chapter 90 and it was his suggestion that some drainage work or some widening might be done on Concord Avenue in 1951. The Chairman suggested, and the Board agreed, thatMr. Burns should advise Mr. Lima that his request will be placed on the list for consideration next year. Mr. Stevens met with the Board. 243 II The Clerk retired for a short time during which grates were discussed[. When she returned to the meeting the Chairman saidthat the Board had voted to increase Mrs. Muriel Stone' s salary from 631,00 per Salaries week to 636.00 per week, effective October 26th. 'fie Board also voted hot to make any change in the rates of pay for Senior Clerks this year. Mr. Stevens, Town Counsel, referred to Mr. Thomas Sullivan's request for an extension of water Request main to service his new house which is located in for water the Town of Bedford. Mr. Carson, a member of the to Bedford Bedford Board of Water Commissioners, is of the .opin- ion that it would be Lexington' s responsibility to file a Special Bill with the Legislature. Mr. Stevens recommended that no further action be taken by the Selectmen and he agreed to answer Mr. Sullivan's letter. Mr. Stevens referred to Mr. Daniel J. O'Connell's correspondence w1 :h f'ef erence to certain land owned Moretti by Moretti, located on Bow Street and suggested that land no action be taken for the time being. Mr. Stevens reported on the status of the so- called Scurto case (house on Zoar Avenue in vio- Scurto lation of Building By-Law), and was instructed by Zoar Ave. the Board to proceed to take whatever action is necessary to force the Scurtos to comply with the decree issued by the Court. Mr. Stevens reported that Mr. Brett., attorney for Shoppers Haven, had telephoned and stated that Me. Kraff will do anything the Board wants, but he does not want to erect a partition. He will, however, put up any kind of a movable partition between the two stores and lock it on Sundays. M2'. Stevens told Mr. Brett that he Shoppers would bring the subject to the Board's attention with Haven no assurance that any action would be taken. Mr. Nickerson asked if it is the Board's inten- tion to have the store closed for a long period of time and the Chairman replied that he does not know. Mr. Stevens expressed the opinion that it would be only fair to discuss the matter with the Chief of Police and ask for his recommendations before making any decision. Mr. Hoyt asked if it is an unfair question to ask Mr. Kraff what he will do to justify the Board' s granting a Sunday Sales license and Mr. Stevens re- plied that he understood from his attorney that they will operate on Sunday only that part of the store in which the soda fountain is located and will comply with the law. 244 cn If a canvass that can be drawn and secured would be sufficient, he would do that. However, if the Board insists upon something like a sliding grill, he would probably comply. Insofar as dividing the two stores is concerned, Mr. Kraff said that it would be almost impossible to operate the rest of the store as a unit. The Chairman said that he would be willing to authorize Mr. Stevens to ask Mr. Kraff's attorney what he will do and Mr. Stevens said that he had just outlined what the attorney told him, and suggested t hat this is a matter of policy upon which the Board must decide. Mr. Hoyt said thtt if, through Mr. Stevens, Kraff says he will put up a certain type of parti- tion and it seems to be all right, he thought the Board could give him his license. It was agreed that the Chairman would consult the Chief of Police on the subject. Letter and questionnaire was received from the Refuse MDC with reference to refuse disposal incinerators. disposal Mr. Stevens recommended that the questions be answered and returned. The Chairman requested Mr. Stevens to compose a reply for him to sign which he agreed to do. He also took the original letter from the MDC. Notice was received from the Waltham Board of Appeals with reference to a hearing, to be held October 17th, on the removal of gravel. Mr. Stevens took the letter to the Planning Board meeting. Letter was received from attorney Harold B. Dondis, 10 Post Office Square, Boston, relative to Bequest the will of the late Mrs. Angelina F. Remick in which she left her interest as tenant-in-common of real estate at 28 Spring Street to the Town. The Clerk was instructed to forward a copy of the letter to Mr. Stevens for acknowledgment. Letter was received from J. B. Cody, 32 Burl- ington Street, requesting the Town to supply water to a house he is building on Nowers Road. Mr. Burns informed the Board that this would Cody request involve 300 feet of pipe and will require an ex- for water tension down Blake Road and down Nowers Road to Mr. Cody's property for which there is no pipe available. It was agreed to advise Mr. Cody that, due to prior commitments and shortage of pipe,no encour- agement can be given at this time as to when an extension of the water main will be made. 2445 At the Chairman's request, Mr. Franceschelli' s letter with reference to the sewer betterment asses- ments against his property on Grapevine Avenue was placed on the agenda. No change was made in the vote passed by the Board at the last meeting relative to deferment. At the request of the Chairman, Mr.Gay conducted the meeting for the remainder of the evening. The Chairman left the meettAg to confer with the Appropriation Committee relative to the articles in the warrant for the Special Town Meeting, and re- turned later in the evening. Messrs. Stevens and Burns retired. Letter was received from Daniel W. Birmingham, 10 Parquhar Street, Roslindale, offering $150 for Lot 64, Grapevine Avenue. The Clerk informed the Board that Mr. Potter re- commended $200 plus sewer betterment assessment in the amount of 146.67. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to entertain an offer of $300. A bill in the amount of $25.97 was presented by the American Legion for 12 grave markers purchased Transfer for Memorial Day. The balance in the account is $18.11. When the Chairman met with the Appropriation Committee earlier in the evening he requested a trans- fer of $7.86 from the Reserve Fund to the Memorial Day Expenses Account. Upon motion of Mr. Gay, seconded by Mr. Driscoll, License it was voted to sign Sunday Movie License for Lexington Theatre Inc. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to sign a warrant calling a Town Special Town Meeting to be held on October 30,1950. Meeting The Chairman reported that Mr. Garfield, of the Middlesex & Boston Street Railway Co. telephoned in reply to the Board's letter with reference to relin- quishing the franchise to operate buses on the pro- Oak posed Oak Street route if it proves, after licenses Street have been granted, to be unprofitable. bus route Mr. Walsh, president of the company, has just returned from California, thus the delay for answer- ing the letter, and suggested thatthe Board incorpor- ate in the license something to the effect that if operation of buses is discontinued the license will be considered defaulted. 246 `c Pow Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the Middlesex & Boston Street Railway Co. a license to operate buses over Oak Street, Baker Avenue to Taft Avenue to Massachusetts Avenue, providing the Company will agree to consider the license defaulted if the service is discontinued. The Clerk was instructed to request the Town Counsel to prepare the license. The meeting adjourned at 9:40 P.M. A true record, attest: �l k, lects�iafla. 1