HomeMy WebLinkAbout1950-05-31-min 79
SELECTMEN'S MEETING
May 31, 1950
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room, Town Office
Building on Wednesday evening, May 31, 1950 at
7:00 P. M. The meeting was held on Wednesday in-
asmuch as two members were unable to be present
on Monday. Chairman Emery, Messrs. Gay, Nickerson
and Driscoll were present. The Clerk was also
present.
Mr. Harold E. Stevens, Town Counsel, Chairman
Foley and Mr. Person of the Recreation Committee,
Mr. Garrity, Supt. of Parks and Playgrounds and
Mr. Leonard Currie, architect, met with the Board
for the opening of bids for the construction of
toilet facilities at the Center Playground. There
were six other persons present.
Bids were received as follows:
Base Other work Plumbing Alternate
Bagely & Mucci 1b0$51 8 811 X1,540 4p1,000
Thomas Mulcare 12,210 10,670 1,540
Win Cons. Corp. 9,999.99 8,459.99 1,540 999.99
J. A. Graziano 10,899.49 9,359.49 1,540
J. S. Smith Co. 9,980 8,440 1,540 1,207
Rich Bros. 9,013 7,473 1,540 1,359
D. C. Loveys Co. 12,767 11,227 1,540 927
Mr. Stevens suggested that the architect and
Dr. Foley review the bids.
The group, with the exception of Mr. Stevens,
retired at 7 :20 P. M.
Mr. Joseph H. DeFoe, Supt. of Public Works,
met with the Board.
Mr. Stevens referred to the proposed extension
of a water main in Coolidge Avenue and said that it
has now been discovered that water is already :in Water main
Coolidge Avenue except for about 500 feet. It is Coolidge
in front of land divided into house lots on a re- Avenue
corded plan.
Mr. DeFoe presented a sketch of Coolidge avenue
from Hancock Street to Adams Street.
Mr. Stevens said that he thought it would be
better to let the street go through with a fifty
foot width and said also that there is no particular
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need for installing the water from the present end
to Hancock Street.
Mr. DeFoe said that he felt the main should be
installed all the way, probably laying it in the
sidewalk,
so
The Chairman explained that the County Com-
missioners desire to know if the TowA wants them
to take the two strips in question or not. He
asked Mr. DeFoe if it would be agreeable to him not
to take the strips.
Mr. DeFoe replied that he would prefer to know how
the Town Counsel felt about them.
Mr. Stevens said that he thought it would be
better not to take them.
The Chairman, with the approval of the Board,
instructed Mr. DeFoe to advise the County Commissioners
that the Town is not interested in taking the stripe.
Mr. Stevensreported r po ted that he thought the
Raimo work would proceed now with reasonable
promptness and that he will have further inform-
ation for the Board next week.
Letter was received from William R. Cook,
attorney for the Boston Edison Company , with
reference to certain lots taken in fee in connection
Boston with the transmission line. A copy of the commun-
Edison ication had also been sent to Town Counsel.
Mr. Stevens explained that Mr. Cook claims there
are some parcels of tax land that is not valid.
The Boston Edison Co. will pay whatever the unpaid
taxes are for a release from the Town of all right,
title and interest. He asked the Clerk to find
out from the Tax Collector what the unpaid taxes
amount to and to call him. The Selectmen can then
vote to sell the lots and the deeds can be prepared.
Mr. Stevens retired at 7:40 P. M.
Mr. DeFoe presented estimates as follows for
repairing the Barnes property:
Remove piazza $ 495 and garage $264
Paint building 1,000 total $759
Repair roof 695
Complete new roof 1,300
The Chairman informed the Board that he had
discussed this with Mr. Hoyt who is more or less
Barnes in favor of following recommendations made by Mr.
Property Goodell. Mr. Goodell was of the opinion that it
would be better to remove the piazza and put in
regular size windows, replacing the present long
windows.
It was agreed by all members of the Board
that the garage and the porch should be taken
down.
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Messrs. Foley, Garrity, Person and Currie
returned to the melting.
Dr. Foley stated that the low bid for the
construction of the toilet facilities was received
from Rich Brothers - $9013.00, plus $901.30 for
architect's fees, advertising $30 and contingencies
or $55.70, making a total of $10,000 for a painted
concrete blobk building. This cesspool and de-
molition of the present building is included in
this price as is the lighting.
The Selectmen felt that the amount for con-
tingencies should be increased, making a total
figure of $10,500.
Dr. Foley explained that the Figures for a
brick building are as follows: $10,372, plus
$1,037.20 for architect's fees, advertising $30,
contingencies, 480.71, making a total of $11,520.
The Chairman asked if the Recreation Committee Toilet
wanted to take a definite stand and Dr. Foley said Facilities
that his Committee simply wanted a building.
Mr. Chairman asked if the Recreation Committee
wanted to take a definite stand and Dr. Foley said
that his Committee simply wanted a building.
Mr. Garrity said that his personal recommendation
' would be a brick building, but if it meant that they
would not have a building at all he would go along
with the concrete bleak.
The Chairman suggested the motion be made for
a concrete block building and then it could be
amended.
Mr. Nickerson said that he was not in favor of
the additional money for a brick building.
Mr. Currie stated that either brick or painted
concrete block would look good and that from the
appearance point of view he did not think it would
really matter once the building is constructed. He
said that the only practical advantage of a brick
building, thinking in long terms, there will not
be the maintenance. However, in a building as
small as this one, it will not be necessary to paint
the blocks more than o4cin in about every five years.
Mr. Gay moved that the motion be put for the
concrete block building end an additional appropria-
tion requested in the amount of $2,000. Mr. Driscoll
seconded the motion, and it was so voted.
Upon motion of Mr. Driscoll, seconded by Mr.
Bay, it was voted to award the contract to Rich
$ota., the low bidder, subject to the five-day
referendum and an additional appropriation of
sufficient funds; the type of construction to
depend upon the vote of the Town Meeting on June
1st.
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The Clerk was advised by Mr. Currie, to retain
the checks accompanying the bids of Rich Brothers
and the James S. Smith Co. , but to return the other
checks.
Messrs. Foley, Garrity and Currie retired at
8:15 P. M.
Mr. DeFoe presented each member of the Boa d
costs for the installation of a new boiler in Cary
Boiler for Memorial Building with provisions for burning. oil.
Cary Bldg. . The Chairman explained that the Appropriation
Committee is not in favor of burning oil and will
ask for indefinite postponement of this article.
A lengthy discussion was held on the subject
during which the Clerk was not at the meeting.
Mr. Stevens and Mrs. Sexton met with the
Board at 8:40 P. M. Mrs. Sexton requested an
appointment to discuss the Leary property on
Waltham Street, and the following discussion
was held:
Mrs. Sexton: I am here about the Waltham Street
property. Mr. Stevens told me I
was troublesome, but I try not to
be and I don't1 like it a bit. I
don't think this has been handled
very well. You people know the
situation. You know how we feel.
Chairman: As I understand the situation, we
have offered to take the wall down
or leave it.
Mr. Stevens: That is right. It was some time
during the winter that Mr. DeFoe
and I went there and met Miss Leary
and Mrs. Sexton. We agreed that the
steps needed to be fixed and explained
that in the winter cement could not be
poured and that if an easement could
be obtained to maintain the wall, the
Town would put in wooden steps and then put
in cement steps when warm weather came.
Mrs. Sexton was disturbed over the
necessity of a wall and felt it would
cause water to back into the cellar. We
told her to have someone look at it.
I had a M.D.C. man look at it and he
saw no solution but the wall and no da "
of water backing up into the cellar.
We told her the instrument giving an
easement would state that any time they
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wanted to build out to the sidewalk,
the wall would be removed. She then said
that it *as difficult to get into the
driveway. At that time Mrs. Sexton felt
that the wall was not necessary. The
last time we talked, she said her under-
standing was that they would go right
in and put in wooden steps. We did not
however, make any such arrangement. She
thought the wall was not necessary and
felt the thing to do was for the Town
to pay damagesin the amount of $3,000.
I told her that was beyond all out of question
and we did not seem to be getting very
far. She said that she did not want to
cause any trouble and I felt that she
was being troublesome, that is where the
word troublesome came in. However,
since then another builder has looked
at the place and he thinks the wall
should be there.
There were other walls put in on other
properties on Waltham Street. No one
else has raised any objection to the
walls. Some people claimed damages
for the amount of taking, but one of
those has signed the instrument for
the wall. This is the only piece of
property where any objection is being
made to the wall.
Chairman: Before you came, we took down part of
the wall at the Catholic Club. It went
the entire length of the property and
we took down part of it.
Mr. DeFoe: The wall there was not strictly necessary.
Chairman: What do you want us to dot
Mrs. Sexton: I would like to know if it is customary
to put up a wall without the consent of
the owner and then ask them for an-ease-
ment for the construction and maintenance
after it is already up there.
Chairman: I think it is not customary.
Mrs. Sexton: I am not going to dispute some of the
things we said. You told me I was being
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troublesome and I resent it very much.
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You gentlemen know from the beginning
that this thing has been bungled.
There was not going to be any work
done on the right-hand side.
Mr. Stevens:I apologize.
4hairman: No land takings.
Mrs. Sexton:I understood that the land taking was
to be made on the other side of the
street. I understand that there was
a deal with the Spencers. The story
goes that the Town made a deal with
Spencers and in that way they signed.
May agreed to allow the wall to re-
main there, for a flzneral business.
Chairman: They said they would be very glad to
give the Town a slope easement if
they got a license for a funeral home.
Mkt had nothing to do with the Board
of Selectmen.
Mrs. SextonaI think the Town trespassed up there .
You can have all the experts you want
here. If an expert did the joW, he
did a very poor job. The wall is
cracked, what does that melon? In order
to put up a wall so that we would have
no more trouble with it, just how far
should you go down?
Mr. DeFoe: Walls like that usually go down about
two feet.
Mrs. Sexton:Have they gone down two feet on that wall?
Mr. DeFoe: I don't know.
Mrs. Sexton:I understand it is not down two feet.
It may be down eighteen inches. We have
been told that the wall is inferior.
Suppose it falls on the sidewalk and
someone gets hurt, wouldn't -we be ref=
sponsible?
Mr. Stevens:No. The easement that was requested
was to give the Town the right to have
the wall there.
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Mrs. Sexton: Don't you think it would have been wise
to have the easement before the wall
was put up?
Chairman: Definitely.
Mrs. Sexton: My sister is sick over this. We pay
a lot of taxes in this Town and we
have lived here a long time. I think
we have rights here.
Chairman: We don't claim that the job was done
with a great deal of skill in some
ways, particularly about not getting
an easement. We should have an easement
first. I admitted that publicly on
Town Meeting floor. The wall is in
there and what do you want us to do?
Mrs. Sexton: Mr. Stevens said that we agreed. You
can't deny but that the last thing we
said was that there would be temporary
wooden steps put up there.
Mr. DeFoe: I said I would have Mr. Custance come
up the following week and put up tme-
porary steps there.
Mrs . Sexton; You mentioned two granite slabs there.
Mr. DeFoe: You did say that when the work was done
you wanted to have them put in the back.
Mr. Stevens : There were to be temporary wooden steps
put up. We did have stormy weather. I
did say that we could not do work at that
time of the year anyway. I said we would
leave the steps there until Spring. I
never heard any more.
Mrs. Sexton: The steps are very dangerous. There is
bound to be an accident there. I think
that we should make up our minds to do
something one way or another.
Chairman: Do you want the wall taken out?
Mrs. Sexton: Yes, I think it should be taken out.
There will be a circular drive there some
day.
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Chairman: If we take out the wall and put in
steps would that be all right?
Mrs. Sexton: No. I think some grading should be
done and some adjustment made. A
lot of the soil taken out to make the
wall was pushed back on the property.
Chairman: If we took the wall out, sodded the
bank and put in new steps would that
satisfy you, having in mind we admitted
the easement should have been taken
first. Everyone makes mistakes.
Mrs. Sexton: I feel that if the sod was put in and
the job done so bad in the beginning,
I hav6 not confidence enough to say
now that it would be done well. I
would have to know first before I
could agree to that.
Chairman: Have to know what?
Mrs. Sexton: We might have to pull the piazza down.
Chairman: Would you have confidence in Jack Garrity.
Mrs. Sexton: I don't know his work. He would be on
your side and not on mine.
Chairman: Don't you think if we told him to sod it
the best he knows how it would give you
a job that you would be satisfied with?
Mrs. Sexton: I don't know what he would run into. I
have an idea they would have to go back under
the piazza. Suppose they get under the piazza
and then we might find that the piazza would
have to be removed. Why should we go to
that expense?
Chairman: I can't see that the repairs to the piazza
would be on us. We don't think we have
undermined the piazza.
Mrs. Sexton: If you start grading now, you don't know
what we will run into. That is something
we will have to look ahead to see.
Chairman; I don't know how the other members of the
Board feel. I was just trying to find out
on what basis we could satisfy you. If we
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Mrs. Sexton: Suppose we find that there is a weakness
there and the piazza has to be taken
away. What are we going do? We will
have to build a new piazza which was not
necessary if the thing was left alone.
Chairman: If what I tentatively suggest does not
satisfy you, what do you want?
Mrs. Sexton: I want the wall down, the steps fixed by
the Town, grade it and suitable damages
for trespassing that would cover any
damages that we might have.
Chairman: What damages do you call suitable?
Mrs. Sexton: I mentioned $3,000. I would not be
surprised if we would have to go into
the cellar even.
Chairman: If the posts have been undermined, that
is one thing. I they have deteriorated
by age, that is something else.
Mrs. Sexton: If you start grading, you must realize that
you have to run into something.
Chairman: I can't see that there would be any
trouble if it were sodded.
Mr. DeFoe: Supposing we do not change the grade appreciably
and move the wall off your property, put the wall
on the sidewalk and out the. sidewalk back a foot.
It• will still be seven feet wide. We won't
change the fill and put in whatever grade you say.
Chairman: You mean put it back the way it was before?
Mr. DeFoe: That is right.
Mrs. Sexton: That is a new angle I had not thought about.
What kind of a wall would be there.
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Mr. DeFoe: One high enough so that the fill will not go
out onto the street. We will build the wall high
enough to take the natural slope of your' land prior
to our interfering with it at all. Then the wall
would not be on your property and the slope would
be substantially as it is now; only the wall would
be out on Town property.
Mrs. Sexton: I don't know if that will make sense or not.
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Chairman: The wall would be off your land and the -
slope would be restored to what if was
before.
Chairman: If the wall stays there and we seed the
bank, I know the Town Counsel would insist
that you give us an easement.
Mr. Stevens: There would have to be a grant.
Mrs. Sexton: The wall would not have been there if you
had come and consulted us. We don't want
the wall there,
Chairman: I think the Board will take the wall out
or leave it there and fix the steps and
sod it. If on top of that you want 0,000,
that is something which we will have to
discuss further.
Mrs. Sexton: Do you want me to get a lawyer and let
the Court decide?
Mr. Stevens: I think that is the only way it will be
brought to a head.
Mrs. Sexton: You don't think we are entitled to damages.
Mr. Stevens: I don' t know anyone else who has asked for
damages and instruments have been obtained.
Mrs. Sexton: MacKay got damages.
Mr. Stevens: That was for the land taking.
Mrs. Sexton: There was 78 sq. ft. taken on our side.
Mr. Stevens: The land was not taken. The wall was put in.
There is a technical difference. It is not the same
thing. The land was not taken.
Mrs. Sexton: I still think we are entitled to damages. Why
doesn't someone else have something to say.
What about you Mr. Driscoll.
Mr. Driscoll: Our Chairman spoke on Town Hall floor about it
as he explained. Mr. Stevens was not Town
Counsel at the time the work was done on Waltham
Street.
Mrs. Sexton: Do you think we are entitled to any damages.
I think we should look out for our own rights.
I feel we are entitled to some adjustment. If
I am wrong that is another thing.
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Chairman: This Board is trying to reach an agreement.
Any suggestions made have been with the idea
that we are honestly trying to reach a
settlement. If we think that one or more
persons is asking, as a final settlement,
more than we feel we are warranted in pay-
ing, we feel we can ask the Court to settle
it.
Mr. Gay; If we put the wall were Mr. DeFoe suggested,
are you asking 4.3,000 for the land ta)ing?
Mrs. Sexton/ Let us say trespassing.
Mr. Gay; If we put the wall where Mr. DeFoe suggests
and give you back the land in its original
condition, how would you feel? Would you
feel that you should be receiving 0,000
damages for trespassing?
Mrs. Sexton; I am figuring on what results there would
be after the thing is done. I have been
told it can be sodded by the Town, but we
will probably have some trouble with the
piazza.
Air. Gay: If we put it back in the original condition,
the piazza will be in the original condition.
Your land will be just as it was previously
and the wall will be on Town property.
Mrs . Sexton: We don' t want the high wall there. Would the
sodding take care of it without the wall.
Mr. DeFoe: The sodding would take it down to the street.
Gradually it would become washed out. You
would have to take care of it otherwise the
• mud would be coming down onto the sidewalk.
Mrs. Sexton; You don't know what you are going to get into.
If you put up a wall we still want space so
that if we have a circular driveway we will
not have a wall in the way. Furthermore, the
wall depreciates the value of the property.
Mr. Emery: You will have to have the wall or have it sodded.
They could have put the wall on Town property
and you could not have stopped that. You would
not have had any control over that at all. The
suggestion Mr. DeFoe makes would be as it would
have been done if you stopped us in the beginning
or if it were put originally in the proper taking.
There would have been a wall there anyway on account
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of the slope.
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Mrs. Sexton: If the soil had been taken away it would
not have required as high a wall.
Mr. 9DeFoe: I believe it was taken away and not pushed
back.
Mrs. Sexton: We always had a green lawn out there and
there is none now. How high would the wall
be?
Mr. DeFoe: High enough to hold your land back, that, is
all. It might be slightly lower than the
existing.
Mrs. Sexton: I want to do the right thing.
Mr. Gay: Might I suggest that Mr. DeFoe go up and give
Mrs. Sexton a description of what can be done.
We can then take a look at it and see if we
can't come to some satisfactory arrangement.
Mrs. Sexton: I have a good idea now. I am willing to go
along with that suggestion, but I am still
wondering if there will be a high wall there.
Mr. Gay: Let Mr. DeFoe show you how high the wall will be .
Mr. DeFoe: We can go out with a rule and show how high
the wall will be.
Mr. Gay: Would you feel better if he did that?
Mrs. Sexton: I will do that, I will do anything to be
reasonable. Do you feel we are not entitled
to any damages if the wall is removed?
Mr. Gay: I think we should discuss that as a Board.
Mrs. Sexton: I still think an adjustment should be made.
I think we have been put to a considerable
amount of discomfort. It is not a matter of
dollars and cents, but a matter of right and
wrong. I would like to get this thing straightened
out.
Chairman: We would like to get it straightened out.
Will you report to us or do you want, Mr. DeFoe
to report to us on the geographical and physical
things you want changed. Then if you want to
discuss damages further, we frankly feel that
we would rather have it go to Court.
Mrs . Sexton; I would be tempted to let it go to Court. If
I had to go to the expense personally, I would
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be inclined to go to Court just to see if I am
right or wrong.
Mrs. Sexton retired at 9:30 P. M.
Mr. A. B. West met with the Board relative to
the Oak Street Sewer. He said that the Board is
familiar with the agreement which was transferred
to him when he purchased the Nichols property. He
said that he assumed the responsibility when Howard
Nichols tranaf erred it and he took his word and also
had some lawyers look over the agreement. The passed
on it and he accepted it. He said that he considered
it his responsibility and not Mr. Nichols' . He
stated that his only reason for meeting with the Board
this evening was to ask the Board to leave Mr. Nichols
out of it.
The Chairman explained the reason that Mr. Stevens
had contacted Mr. Nichols was because of the fact that
Mr. Nichols was the one who signed the original agree-
ment with the Town.
Mr. Stevens explained that the Town has no con-
tact with Mr. West, but that the contract is with Mr. West
Nichols. Oak Street
Mr. West asked what he could do to assume the
responsibility.
Mr. Stevens asked him if he were willing to pay
the betterment assessment on Larsen's land and Mr.
West replied that he did not say that. He said
that he was asking as• a personal favor that the
Board leave Mr. Nichols out of this. He said that
he took over the contract with the property.
Mr. Stevens said that the agreement states that
Mr. Nichols would pay the Town so much per square
foot when he sold any part of the land. When he
sold the land to Mr. West he became obligated to
pay the Town and the money has been due• since that
date,
Mr. Weat said that was not Mr. Nichols '
understanding nor the understanding of the Board
at that time.
Mr. Stevens explained that is what the agree-
ment says.
Mr. Westtstated that no one is trying to get
out of paying the Town the money. He said that the
Town would receive the money, but the question is
how it is going to be paid.
The Chairman said that the Town's contract was
with Mr. Nichols; naturally when the Board did not
know his agreement with Mr. West, Mr. Stevens was
told to go to Mr. Nichols to collect.
Mr. Stevens said that the money was due,
according to the contract, at the time the land was
sold.
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Mr. West said that the contract reads that it
is a covenant to go with the property and he under-
stood that it would go along. He said that he
assumed the responsibility of paying the interest at
1%. He is willing to pay that and has paid it when
he received the bill.
Mr. Stevens explained that the contract applied
to the entire tract and when Mr. Nichols sold the
property to Mr. West, he sold the whole parcel. Mr.
Stevens impression is that the money became due when
the land was Bold. However, Mr. West then sold part
of it. The amount for the part sold became due at
once as it had not been due before. Mr. Larsen
divided the land into house lots. He has built and
sold house and lots. Still no one has paid the Town
any part of the principal, and Mr. Larsen says he
will not pay. It has gone on along the whole process
and still the Town has not been paid.
Mr. West said that he feels responsible insofar
as Mr. Nichols is responsible, and that if the Board
feels Mr. Nichols is responsible for all of it, he
would like to have him left out. He said that he
made the same kind of an agreement when he sold the
land to Mr. Larsen.
Mr. Stevens explained that on the date of the
sale to Mr. West, Mr. Nichols became indebted to
the Town.
Mr. West said that he does not interpret the
contract the way Mr. Stevens does.
Mr. Stevens said that he thought Mr. West would
agree that someone owes the money to the Town now
and asked if Mr. West had any suggestion as to how
the Town might receive the money. He aaid that Mr.
Larsen will not pay and the Town has no contract
with Mr. West.
Mr. Stevens said that he would be glad to sit
down with Mr. Larsen and Mr. West to discuss this
subject.
Mr. Stevens and Mr. West retired at 9:45 P. M.
to discuss this subject with Mr. Larsen and his attorney,
Mr. McCormack who were in the Selectmen's Office.
Mr. Stevens reported on this later in the evening,
Mr. Edward J. Conley, of Shoppers Haven, met
with the Board. He said that the passageway between
his store at 316 Marrett Road has been blocked bei
Shoppers ' tween the two stores.
Haven The Chairman asked him if he would follow the
law as outlined in the letter written to him by
Town Counsel.
Mr. Conley replied in the affirmative and said
that he had called Mr. Stevens and thought that
rather than write to the Board he preferred to meet
with them.
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The Chairman asked if Mr. Conley agreed with what
Mr. Stevens said and he replied in the affirmative.
The Chairman said that he thought the Board would
act on his applications this evening.
Mr. Conley retired at 10;00 P. M.
Upon motion of Mr. Driscoll, seconded by Mr.
Gay, it was voted to grant Edward J. Conley, d.b.a.
Shoppers' Haven, a Sunday Sales License at 316
Marrett Road for a term expiring April 30, 1951.
It was further voted to grant a Common Victuallers
license, expiring December 31, 1950.
Further consideration was given to Mr. William
Curley's offer of $150 for lots 189-192 inclusive on
Cliffe Avenue. The offer was advertised in the May
25th issue of the Lexington Minute-Man but no further
offers were received as result of the advertisement.
Upon motion of Mr. Gay, seconded by Mr. Nickerson, Tax Title
it was voted to accept the offer and to sell and
convey lots 189-192 Cliffe Avenue to Mr. Curley; it
to be definitely understood by Mr. Curley that
there is no Town water main which would serve any of
these lots, that the Town has no present intention
of installing a water main and that if and when water
is installed, these lots will be subject to a better-
ment assessment.
Mr. DeFoe informed the Board that he had receive
a verbal request for permission to move a house from
Lexington Street, Burlington to Lowell Street, Lexington.
He has had Mr. Garrity check the proposed route and
he felt that the building can be transported without
any appreciable damage being done to the trees.
The Chairman instructed Mr. DeFoe to contact the
Chief of Police before the house is moved on the
highway.
Mr. DeFoe brought up for consideration the pos-
sibility of installing a sewer main in a section of Liberty Ave,
Liberty Avenue and Hamilton Road. He said he merely Hamilton Rd.
wanted to call the Board's attention to the fact sewer
that there is no sewer in these two sections and to
get the members reaction as to having it installed
before the streets are constructed.
The Chairman suggested that Mr. DeFoe write to
all the abutters and inquire as to how they feel about
the sewer being installed before the street is com-
pleted.
Letter was received from W. S. Couette, on behalf
of Mr. Henning Swenson, requesting the extension of a
Water main down Allen Street, a distance of approximately
400 feet.
94
Mr. DeFoe was requested to find out if Mr. Swenson
and Mr. Slocum own all the land involved and if so,
whether or not they would be willing to sign for the water.
Petition was received from residents on Waltham
Street and Concord Avenue requesting a hearing re-
lative to surf ace drainage and mosquitoes at the
Drainage property near and at the intersection of Concord
Avenue and Waltham Street.
Mr. DeFoe was requested to have a report on the
drainage prepared by the Town engineer and it was
agreed to invite the petitioners to meet with the
Board on Monday evening, June 19th.
Mr. DeFoe retired at 10:30 P. M.
Mr. Stevens returned to the meeting and reported
that Mr. Larsen will give the Town the five feet
Oak Street necessary on Oak Street, will pay the water betterment
on all his land on Oak Street, will give the town a
forty foot street, running b< ck from Oak Street to
Town land, but does not want to pay anything for the
construction of the forty foot street, and wants it
understood that there will be no betterments assessed
to him on the new forty foot strip.
Mr. Stevens suggested that the Board advise him
that this will be discussed by the Selectmen with
the Planning Board.
Letter was received from Capt. Cushman, 140 Grant
Street, expressing appreciation to officials and
employees of the Town.
Mr. Driscoll moved that the communication be
printed in the Lexington Minute-Man. Mr. Gay seconded
the motion, and it was so voted.
Mr. Stevens retired at 11:25 P. M.
Letter was received from Mrs. Ruth A. Sullivan, on
behalf of the Community Nursery Sbhool, Inc. requesting
Permit permission to have a parade on Friday afternoon, June
2nd, which would include a loudspeaker, to advertise
the Children's Fair to be held on June 3rd.
The Chairman agreed to cheek with the Chief of
Police on this.
Upon motion of Mr. Gay, seconded by Mr. p iscoll,
Special it wgs voted to re-appoint David Govan, 32 Woodland Road,
Police as a Special Police officer in the Town of Lexington for
a term expiring March 31, 1951.
Deed Upon motion of Mr. Driscoll, seconded by Mr. Nick-
Orson, it was voted to sign deed, prepared by Town
Counsel, conveying lots 24, 25 and 26, Block 73, Valley
Road, Lexington to William H. McCullough and Blanche R.
McCullough, 73 Valley Road, Lexington.
95
Application was received from Earl B. Sukeforth,
Acting Principal, requesting the use of Cary Hall on
June 15 for a rehearsal and on June 16 for Junior Use of Mall
High School Graduation.
Mr. Nickerson moved that the use of the hall be
granted free of charge. Mr. Driscoll seconded the
motion, and it was so voted.
Upon motion of Mr. Gay, seconded by W. Driscoll,
it was voted to grant the following licenses:
Countryside Associates Lowell Street Sunday Golf Licenses
Lexington Theatre, Inc. Mass. Avenue Sunday Movies
Ralph J. White 56 Woburn St. Junk
Upon motion of Mr. Nickerson, seconded by Mr.
Driscoll, it was voted to sign an order for the Robbins Rd.
installation of a water main in Robbins Road from Water Order
Locust Avenue northeasterly, and distant approximately
220 feet. (Copy of Order in Selectmen's files
under Water Orders, 1950).
Upon motion of Mr. Nickerson, seconded by Mr.
Driscoll, it was voted to continue the policy of
operating the Town Offices with skeleton crews on
Saturday mornings during the months of June, July
and August.
Letter was received from the Planning Board
with reference to inspections required by the new
Subdivision Rules and Regulations. The Selectmen
were .asked to request the Public Works Department
to provide such personnel as is necessary.
The Chairman agreed to advise Mr. DeFoe,
Superintendent of Public Works, of this communication.
The meeting .adjourned at 11:30 P. M.
e lectmen.