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HomeMy WebLinkAbout1950-09-11-min 1[99 II SELECTMEN'S MEETING September 11, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 11, 1950, at 7 :00 P. M. Chairman Emery, Messrs . Gay, Hoyt and Driscoll were present. The Clerk was also present. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone Pole and Telegraph Company for the location of one pole on Location Harding Road, approximately 20 feet southeast of Williams Road . No persons appeared in favor or in opposition. Letter was received from Thomas J. Dickson stating that he strongly objects to the proposed location because he feels that it will depreciate the value of his property. Decision on the petition was held over pending a re- port from the Town Engineer. Mr. DeFoe met with the Board and reported on a complaint registered by Mr. Henning Swenson relative to the drainage at Allen and Blossom Streets. He 11 presented a sketch and explained that there is a Swenson culvert under the road at Blossom Street. Mr. Swenson Drainage wants the brook eliminated from his property and have the complaint water flow down Blossom and Allen Streets . Mr. DeFoe stated that the State contributes to this condition but insofar as he is able to determine the State does not feel inclined to do anything about it. Mr. Gay asked if the Town ever did lmM* maintenance work on the brook and Mr. DeFoe replied that to the best of his knowledge the Town has never done any work in this connection. He said that it appears to him to be more or less of a natural rater way, but some water from Blossom Street does flow onto Mr. Swenson's property. When Mr. Swenson fills the land, as he intends to do, the water will then collect on Blossom Street. He said that if this does develop to the point where the Town is obligated a survey should be made. Mr. Harold Stevens, Town Counsel, met with the Board and the Chairman explained the situation to him. Mr. Stevens said that it seems to him that the street does not create a drainage problem and that it is just the natural contour of the land . Mr. Swenson met with the Board at 8:15 P. M. NO GC The Chairman asked if there was water in the brook all the time and Mr. Swenson said that there is none in the dry season, but during the Spring and Fall there is quite a lot of water. Mr. Stevens asked if there is a culvert under Blossom Street and Mr. Swenson replied in the affirm- ative. The Chairman explained that, from the point of view of the taxpayers as a whole, the Board has to feel fairly sure that there is a legal obligation on the part of the Town to involve any particular drain- age problem. Mr. Swenson said that he would be willing to lay the pipe through his land and stated that if he does fill his land he does not know where the water will go, Mr. Stevens asked if the land could be filled up to the grade of the street and Mr. Swenson said that he intends to scoop up the loam, put in fill and then put the loam back. He said that he would fill it in enough to keep the water out because he could not ex- pect to sell the land with water coming in from the street. The Chairman asked what would happen if Mr. Swenson piped the drain from the low spot to beyond the rise at Slocum' s property and i"ir. DeFoe replied that it would just spillout. Mr. Swenson asked who would be responsible if he in- stalled the pipe and at some later date it became clogged . Mr. Stevens said that he would be responsible. Mr. Swenson said that the land would not be any good to him if he should be liable to a suit. The Chairman explained that, from what the Board knows at the present time, there does not seem to be any legal obligation on the part of the town. Mr. Stevens said that this appears to be a natural drain. Mr. Couette met with the Board on Mr. Swenson's be- half. The Chairman explained that the Board feels that it is very questionable as to whether this is anything that the Town is obligated for because the water comes from other lands and it is a natural drainage area. Mr. Couette said that the Town is dumping water onto Mr. Swenson's land. The Chairman stated that, at this point, the Selectmen do not admit that the Town is responsible for any water going onto this land and would not do anything until they have had an opportunity to look at the area in question with the Town Counselk Messrs . Swenson and Couette retired. 201 Mr. DeFoe said that he has been contemplating purchasing another sidewalk plow and has carried money Tractor in the budget for three years . The model the Town now owns has been discontinued. A sample has been made, but the manufacturer is now involved in a strike and there is no possibility of the unit going into produc- tion this year. In the meantime improvements have been made in the next smaller model so that the size is comparable to the tractor owned by the town. The present unit weighs 4200 lobs . and the new model weighs 4138 lbs. He explained that this is the only tractor that can be purchased for this winter and there is just one left in stock. He said that he would like to look at it and have permission to purchase it if it meets with his approval. The Chairman asked if the $3500 originally appropriated were still available and 1VIr. DeFoe replied in the affirmative. Mr. Gay said that if it is absolutely necessary to have a tractor and there is no possibility of purchasing a larger unit, he would be in favor of buying it provided money is available. Mr. DeFoe said that he definitely felt the Town should have two tractors for plowing sidewalks . Upon motion of Mr. Gay, seconded by Mr. Driscoll it was voted to authorize the Superintendent of kublic Works to purchase an HG-31 tractor from the H. F. Davis Company at a price of $3,509 . , providing the unit, upon inspection, meets with his approval and further pro- viding there are sufficient funds available. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telelphone and Telegraph Companyfor the location of one pole on Pole Washington Street, northerly side, approximately 230 Location feet northeast of Highland Avenue . No persons appeared in favor or in opposition. Decision on the petition was held over pending receipt of a report from the Town Engineer. Hearing was declared open upon the petition of the Boston. Edison Company and the New England Telelphone and pole Telegraph Company for the location of one pole in Robin- Location son Road, approximately 125 feet north of apoint approx- imately 1,015 feet east of Grove Street. No person appeared in favor or in opposition. Decision on the petition was held over pending receipt of a report form the Town Engineer. Mr. Merton 0. Baker and 1Ctx'. Ernest E. Wortman met with the Board relative to the proposed pole locations 202 csn mu on Robinson Road, easterly from Grove Street. Mr. Baker reported that he had discussed these locations with Mr. Knowdell of the Boston Edison Company inasmuch as he is opposed to the locations indicated on the blueprint . Mr. Knowdell agreed to look into the matter and contact Mr. Baker. Mr. Baker agreed to contact Mr. Knowdell again and report to the Board. Mr. DeFoe reported that the total amount due Custance Bros . for work at the Barnes property is $1724.85 and the Chairman reported the following expenditures : shrubs, $100; loam, $90, Mr. Dacey, Barnes $40; Mr. Moakley, 040; venetian blinds, 450; Property painting, 0110; extra windows and blinds, 4;i115 -- Repair s a total 03,259.85. The Chairman said that there was a tentative amount of 02,000 allocated for this work and the Appropriation Committee transferred 011500 which leaves a balance of approximately $200. The Chairman read a letter from Mr. Worthen to Mr. DeFoe relative to a drain at Massachusetts Avenue Drainage near Cedar Street, on the Rycroft property. Mr. DeFoe reported that from notes in the Selectmen' s reports years ago, it is indicative that the Town might have done some work there, but there are no records stating definitely that the Town installed the drain. The Chairman suggested that Mr. DeFoe contact Mr. Paxton and report to the Board again next week. Mr. DeFoe retired. Mr. Gay reported that Mr. Henry Brask has agreed to continue to serve as a member of the Town Manager Committee more or less as a consultcnt due to the fact that it will not be possible for him to attend all of the meetings. The Chairman read a letter from the Winchester Johnson Board of Selectmen advising that a meeting will be Road held with the County Commissioners on October 5th to discuss matters pertaining to public roads . The Winchester Town Engineer will attend the meeting and request funds under Chapter 90 for the construction of Johnson Road. Winchester would like to have Lexington attend the meeting in behalf of the Johnson Road project. 203 The Chairman explained that statements have been made to the effect that Paul Revere Road would be re- quested as the next project and he hesitated to give Johnson Road priority. Mr. Stevens said that the Board could change its position. A letter on this same subject was received from the Planning Board informing the Selectmen that the Lexington Planning Board and the Winchester Planning Board will meet on Wednesday, September 13, 1950 at 4 :00 o 'clock to inspect the location of the proposed new road. The Clerk was instructed to place this item on the agenda for the next meeting of the Board. Raimo 's request for an extension of time on the Sewer Project was held over from the last meeting. Mr. Stevens reported that he has told Mr. Redman of the Continental Casualty Company that he thought this request would be denied. He also asked Mr. Redman if he and Mr. Peterson were aware of the fact that any extension would have to be paid for by the in- surance company and apparently they both understand that. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to deny Raimo ' s request for an extension of the completion date to December 10, 1950. Mr. Stevens agreed to so advise Raimo. Mrs. Przyjemski 's letter of August 30th was placed on the aoenda at the Chairman' s request. Mr. Stevens said that he understands Przyjemski 's house is not in the street and it appears to him that this is a matter of policy, and the Board should decide that nothing further is to be done or instruct him to advise Mrs . Scurto that she must comply with Scurto the decree. He said that he did not think the Board Case would get into any difficulty with the Court by not enforcing the decree. He said, however, that Mr. Przyjemski could bring proceedings against Mr. Lindstrom, Building Inspector, to make him enforce the Bylaw. Mr. Driscoll said that he has never seen the building in question and would like to view the premises. Accordingly, further action was held over until the next meeting of the Board. .Miss Maynard met with the Board relative to the damage to a Town tree at 2380 Massachus-etts Avenue during the process of digging a driveway to her father 's new house. 204 The Chairman explained that the Selectmen have not definitely made up their minds as what should be done . Mis:, Maynard said that, to begin with, the tree was partly dead before her folks ever came to Lexington, but admitted that a bulldozer went over the roots, She said that the Town's Water Department also damages some of the roots, and her father thought he might have been able to save the tree if it had riot been further damaged by the Tree Town. She said that this entire matter has assumed pro- Damage portions which seem to have gone beyond what the actual' problem is. The Chairman said that the Sup't. of Parks has ex- pressed the opinion that the tree should be taken down and that the Board would look into the matter of the tree being damaged by the Water Department as claimed by Miss Maynard . The Chairman asked what she thought would be a fair settlement and she replied that she thought her father would be glad to have permission to take the tree down and she also thought that he would agree to pay part of the cost involved. She said she thought Mr. Garrity mentioned $70 for removing the tree. The Chairman informed Miss Maynard that the Board would write her father within a week as to the Board 's decision. Miss Maynard retired. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll it was voted to advise Mr. Maynard that the Town will re- move the tree and send him a bill for S70. The Chairman read a letter from Daniel J. O'Connell Legal inquiring as to whether or not the Selectmen have authorized anyone to place an obstruction on the street or sidewalk at 47 Pleasant Street. It was agreed to advise Mr. O'Connell that no such authorization has been given. Mr. Stevens retired. The following representatives of the Lexington Lions Club met with the Board: Messrs . Tropeano, Crumb, Gustin, Lamont and Evans. Mr. Evans explained that it will not be possible for the Club to hold its Annual Penny Sale at the Belfry Club and because the Masonic Hall and the High School Hall are too small permission is requested to hold the sale in Cary Hall. The Chairman explained that some time prior to the terms df the present members, the Selectmen hadavotedtto adopt the policy- hot to approve any further requests for holding Penny Sales in Cary Memorial Building, and that 1 205 the present Board had refused requests since that time, including requests received from one of the Churches . Mr. Lamont asked if the Selectmen could grant this request, under the circumstances, without abandoning the policy and the Chairman replied that once a permit is granted these individuals who have been refusted will feel that they have been discriminated against. He said that the Board would have to either grant all requests or none at all. He said that he has an open mind on the subject but could not see how the Board could make an exception. Use of The Chairman asked when the sale would be held Hall and Mr. Evans replied that it is scheduled for October 26th, but it will be necessary for them to know the Board + s decision not later than next Monday inasmuch as tickets have to be printed. The Chairman said that the Board would consider the request and the group retired at 9:25 P. M. It was the unanimous feeling of the Board that the policy as established prohibiting the use of Cary Memorial Building for Penny Sales should be strictly adhered to. The Chairman read a letter from the Board of Public Welfare requesting approval of an expenditure of 45.45 from the Bridge Charitable Fund for the purchase of one pair of shoes for Kenneth Griffin, Bellfloweii Street. Trust Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Fund it was voted to inform the Trustees of Public Trusts Transfer that the request had been received and approved by the Board . The Chairman read a letter from Mrs . Gladys Crumb, on behalf of the Symmes Auxiliary, requesting permission to conduct a rummage sale in Cary Memorial Building. Rummage Mr. Hoyt moved that a permit be granted for the Sale rummage sale to be held at the Burnes Property. Mr. Driscoll seconded the motion and it was so voted. Application was received from the Massachusetts Extension Serivee for permission to conduct Dress- making Classes in Cary Building on September 20th, Use of October 11th, 25th, November 1st and 8th from 10:00 Hall A.M. until 3 :00 P. M. Similiar courses were conducted last year and the use of the building granted free of charge. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to grant the uses as request free of charge. Application was received from the Middlesex County Extension requesting permission to conduct a meeting in Estabrook Hall on September 21st. 200 c Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to grant the use of the hall free of charge. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Licenses Lexington Theatre, Inc. Sunday Movies Countryside Assoicates, Inc. Sunday Golf Merrill P. Storts Peddler Letter was received from Mr. Carroll with ref erence to voting equipment for Precinct One. Mr. Carroll sug- gested that when the booths are taken from Cary Building, where they are stored, to the Adams School Voting that they be set up by the men delivering them. Equipment In this way the janitor ' s bill at the Adams School for setting up and taking down could be eliminated. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to instruct the Superintendent of rublic Works to arrange to have the voting equipment delivered to the Adams School. The Chairman read a letter from Ciriaco Cataldo, 59 Bow Street, with reference to the Chairman' s letter advising that the interest on the sewer betterment charges had been abated. Mr. Cataldo said that he could not accept the abatement as he felt the sewer charge should be abated without restrictions as to the sale of the land. The meeting adjourned at 9:40 P. M. A true record, attest: e , ectmen. • L. 2