HomeMy WebLinkAbout1950-05-08-min 37 .
Selectmen's Meeting - May 1st on Page 47
SELECTMEN'S MEETING
May 8, 1950
A regular .meeting of the Board of Selectmen
was held in the Selectmen's Room, Town Office Build»
ing on Monday evening, May 6, 1950, at 7:00 P. M.
Chairman Emery, Messrs. Gay, Driscoll and Nickerson
were present. The Clerk was also present.
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of two jurors.
Norcross Teele, Real Estate, 44 Bloomfield Street Jurors
and Howard Allison, Draftsman, 15 Utica Street, were
drawn to serve on Criminal business, 1st session.
Mr. Carroll retired at 7:02 P. M.
Hearing was declared open upon the petition of
the New England Telephone and Telegraph Company and
the Boston Edison Company for a joint pole location
890 feet south of Winter Street.
The plan was approved by the Town Engineer and Pole
all abutters notified. No persons appeared in favor Location
or in opposition.
Mr. Nickerson moved that the petition be approved
and the order signed. Mr. Gay seconded the motion and
it was so voted.
The hearing was declared closed at 7:08 P. M.
Mr. DeFoe, Supt. of Public Works, met with the
Board, and reported further on the proposed boiler
for Cary Memorial Building. Boiler
The Chairman asked if the members of the Board For Cary
thought there would be any merit in asking a civic Building
minded heating engineer to discuss this subject with
Mr. DeFoe.
Mr. Nickerson recommended a Mr. Brooks and Mr.
Driscoll said that he knew this individual and agreed
with the suggestion.
Upon motion of Mr. Gay, seconded by Mr. Driscoll,
it was voted to authorize Mr. Nickerson to contact Mr.
Brooks, to serve with Mr. DeFoe as an informal committee
and submit recommendations to the Board not later than
the first of July.
Mr. DeFoe reminded the Board that it would be
necessary to request additional funds at the Special
Town Meeting if the Board decides to make any change in
the heating system.
Mr. Stevens, Town Counsel, and Mr. Burns, Town
Engineer, arrived at the meeting.
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yt
Mr. DeFoe, as requested at the last meeting,
brought up the subject of the Franklin Road drainage
and explained that Messes. Kingsley, Reed and Letoile
claim that water is backing into their cellars. Mr.
DeFoe stated, however, that the water in the manhole
is five feet below the cellar floor of Mr. Kingsley's
house.
Mr. Burns said that the water in Kingsley' s
cellar comes from the rear and not from the front and
that when Mr. Baskin filled in the front of his land
on Franklin Road the catch basins were covered over.
The Chairman explained the situation to Mr.
Franklin Stevens and said that the condition of water in the
Road Kinglet' cellar is nothing new but the building of the
Drainage drains has resulted, at lease to come degree, in some
of the water going through. Mr. Kingsley says that
now there is water in his cellar for the first time
since he purchased the house, but, from time to time
over a period of years there has been water in that
cellar.
Mr. Burns said that there is no doubt but that
there is a problem in Franklin Road and it is caused
by Somerset Road, and they are both public ways. He
said that if the Town drains those streets, the function
of the town is to drain the streets and that is all, but
that Mr. Kingsley does have a valid argument that the
streets are not draining now. He said that the Town is
not taking care of the water in Franklin Road or in
Somerset Road.
The Chairman asked if Franklin Road was included
in this year's drainage budget and Mr. Burns replied
in the affirmative but informed the Board that it had
not been approved.
Mr. Nickerson asked if there is any possibility of
connecting across to the manhole on Baskin's property.
Mr. DeFoe said that the Town has the drainage to
take care of on these streets anyway and it would be
only correcting one spot.
Mr. Burns said that there are other problems in
Somerset Road and when it starts to get wet or when it
starts to fill up, it spills across Somerset Road in
front of Coleman's house.
The Chairman said that he had never seen water
stand across Somerset Road at any point, but if this
was important enough to stand on its own merits all
right. He said he thought last year the plan was to
fill in the low spot on Franklin Road.
Mr. Burns explained that it was with the provision
that the Town would do something with the drainage. He
said that he does not feel like recommending half deals
any more and it will only be postponing the matter for a
year or so. He said that there is a definite problem
of water coming down off Somerset Road.
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Mr. Gay asked if a drain would help Mr. Kingsley
and Mr. DeFoe said that he did not think it would #yelp,
him very much. He had water there before when the water
was draining in Baskin's land.
Mr. Burns said that the water in the basin is up to
the top of the street.. He said that there are two
public ways involved here and they both dump water and the
Town is liable insofar as the street is concerned. He
stated that if the water collects in the street and
the Town does nothing about it, he thought it is very
definitely the Town's liability.
Mr. Nickerson suggested that Mr. Kingsley be advised
that it is doubtful if a drain in the street Would help
the condition and that by forcing the issue he may force
the Town to spend between $4,000 or $5,000 and then ask
if he wants to proceed.
Mr. Stevens said that the Superintendent or Streets
as a Public Officer is supposed to look out for drainage
and the Town is supposed to drain the streets that are
accepted. He said, however, that it does not mean the
Town has to drain back land.
The Stevens said that he thought the Superintendent
of Streets could be made to put in drains.
The members or the Board agreed that Mr. Kingsley
should be invited to the Selectmen's Meeting next week
to discuss this subject.
The Chairman read a letter from Edward J. Belliveau,
17 Chase Avenue, stating that he had applied for a building
permit to erecta house on land situated on Oak Street
which he purchased from Gustave Larsen. 'fhb Building In-
spector denied the permit and referred Mr. Belliveau to Belliveau
Mr. DeFoe in- regard to a water connection. Request
Mr. West, former owner of the property involved, is for bldg.
willing to have Mr. Belliveau go inion the present water permit &
line until such time as a new line is put in. water
Mr. Stevens said that he did not think the Town
should be in the position where it authorizes any con-
nections into this line. He agreed to dictate a letter
to the Clerk advising Mr. Belliveau that the Selectmen
will not authorize furnishing water to him through Mr.
West's line.
Messrs. Buns and DeFoe retired at 7:45 P. M.
Letter was received from Mrs. Morey, Chairman of Special
the School Committee, requesting a Special Town Meeting Town
not later than June 1st. Meeting
Upon motion of Mr. Driscoll, seconded by Mr.
Nickerson, it was voted to call a SpecialIown Meeting
for Tuesday, June 1 1950, even though it is not known at
this time whether or not the new proposed Zoning By-laws
will be ready.
Mr. Stevens retired at 8:15 P. M.
l
Mr. attorney forTownCountry
Homes end gr.Elliott, and arvey Nugent, met with the Board
although he had not previously made an appoint-
ment.
He explained that a sign has been erected
in connection with the development on flood Street
that is apparently in violation of the Zoning By-
Sign laws and asked the Selectmen to grant permission
to maintain the sign until the matter has been de-
cided upon by the Board of Appeals.
He also requested that some action be taken with
reference to the sign, now located at the corner of
School Street and Massachusetts Avenue, which blocks
off the entrance to Wood Street.
The Chairman suggested that Mr. Elliott discuss
this with the Town Counsel who is now in the building
at a meeting on the second floor.
Mr. Elliott retired at 8:25 P. M.
Messrs. DeFoe, Burns and Walker met with the
Accountant Board.
needs add'l. Mr. Walker informed the Board that he will need
money for about 6200 in interest and it can be taken care of by
interest an article at the Special Town Meeting or he could,
if it is satisfactory to the Board of Assessors, re-
quest
that the money be raised. Apparently the
Assessors have indicated that they would be willing
to raise the money as the tax rate has not been set .
With 'reference to the proposed change in per-
sonnel. of the public Works Office, Mr. Walker in-
formed the Board that he, Messrs. DeFoe and Burns
are in agreement that it would. be nice if Mr. DeFoe
had a larger office. However, aside from this item
they were not in agreement.
The Chairman asked Mr. DeFoe if he was in dis-
agreement about bringing the Building Inspector out
into the corridor and Mr. DeFoe replied that he thought
it would be very congested, that the counter would be
limited in space. He explained that there are always
several persons in the Building Inspector's Office and
the Public Works Department also has people coming in.
Therefore, it seemed to him that the space in which the
girls would operate would be very limited. He said that
he like the location of his office and if he were in
the Building Inspector's present office he would be
isolated from his girls and files. He also said that
if someone wished to see him alone, Mr. Burns would
have to leave the office and vice-versa.
The Chairman asked if there were any Town problems
when people would prefer to be alone with either Mr.
DeFoe or Mr. Burns.
Mr. DeFoe replied that in makingpurchases, sales-
men
like to be alone and do not care to have anyone
else listening.
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The Chairman asked if Mr. DeFoe would call thtt
a valid complaint.
Mr. Burns said that in his own particular case,
he has people who are very secretive about their
business. He said that even though he would later
discuss the problem or subject with Mr. DeFoe, that
never occurs to people. He said that is one reaon
why he brought up the subject of a petition in the
Engineering Department. He said that personally it
does not mean anything to him.
The Chairman said that, in other words, they ,
would both like to have a private office and they
both agreed.
The Chairman asked if Mr. DeFoe felt then that
there is no merit in the other points of the report
submitted by Mr. Walker and Mr. DeFoe replied that he
would prefer to discuss them point by point. He said
that they had settled the subject involving Miss Parello
and Mr. Burns said that he and Mr. DeFoe had settled
on that before anyone else had.
Mr. DeFoe said that he just could not see taking
the water bills out of his jurisdiction. He said that
aeee not know of ai1y office where a man in his position
does not hare charge of the Water Department.
The Chairman asked what the disadvantage would be
and Mr. DeFoe replied that it certaihly would look as
if he could not handle it.
The Chairman asked if Mr. DeFoe felt that it is
essential to his prestige to have charge of all the
Clerks below him.
Mr. DeFoe r eplied that he thought they should be
under him and that he should have direct charge of them.
He further stated that he thought he should have a com-
petent girl in his office, hired by him, who would be
his secretary and allocate work to the other girls:
He said that he has had this in mind for some time, but
has not been able to find the right girl. He stated that
he had also talked with Mrs. Flaherty, in the Selectmen's
Office, about the possibility of taking charge of his
office. However, she wanted considerable more money than
any of his girls, are receiving, and he does not want to
employ a girl and pay her a much larger salary than the
other girls in the office- receive.
The Chairman asked if it is agreed that Mr. DeFoe
has been looking for several years for a person to act
as an assistant to him and to have charge over the girls
in his office. Mr. DeFoe replied in the affirmative.
The Chairman asked why, basically in principal, Mr.
DePpe was opposed to working out some such solution as
has been suggested.
Mr. DeFoe replied that for one thing it is not
commonly done, and that Town Accountants do not• have
charge of the water Departments.
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The Chairman asked it it were impractical or
unworkable.
Mr. Burns said that this is done in Norwood,
but in that town they operate under a Town Manager,
and the Town Accountant comes under the Town Manager.
He stated that in this instance, Mr. Walker is ap-
pointed by the Board of Selectmen and so is Mr. De-
Foe. They are both Department Heads. If Mr. Walker
comes into Mr. DeFoets office and Mr. DeFoe wants
something done, if he likes it or does not like it,
Mr. DeFoe would have no control over him whatever
because he is an appointee of the Board of Selectmen.
Mr. DeFoe explained that was What he meant when he
said he should hire the individual for this position.
The `Chairman said that Mr. DeFoets quarrel then
is not transferring the water billing to the Town Ac-
countant but the fact that he thought the influence
of the Town Accountant would be felt.
Mr. DeFoe said that he objected to the Town Ac-
countant taking over the Public Works Department.
The Chairman said that on that basis, then all
other suggestions would fall by the wayside, and Mr.
DeFoe replied in the affirmative. fs r ^ r ro.a
The Chairman asked if Mr. DeFoe had any suggestions
for more efficient operation.
Mr. DeFoe said that if the girl in the billing de-
partment is doing something wrong he would be most re-
ceptive to Mr. Walker's opinion.
Mr. Gay said that the purpose of this report was
not to relieve any authority from one to another, but
for more efficiently utilizing the girls' time.
Mr. DeFoe said that he does that now.
Mr. Gay asked if the billing girl spent her entire
time on billing.
Mr. DeFoereplied in the affirmative and said that
one of the other girls devotes about ten hours to assist-
ing with the water bills.
He said that in the towns, from which he has re-
ceived reports, they all have more help in the Water
Department than he has. Be said that for 4,000 water
services he thought his force was small.
The Chairman asked who would replace Miss Parello
and Mr. DeFoe replied that Mrs. Stene would take over
this work and he has already discussed it with her con-
fidentially.
The Chairman said that, as he understood it, the
Public Works Department needed a Chief Clerk for more
efficiency and better utilization of the girls.
Mr. DeFoe agreed.
The Chairman said that, rather than have the in-
trusion of another Department, for the sake of helping
the Town, Mr. DeFoe felt that it would be better to let
the situation go along as it has.
43
Mr. DeFoe said that is the way he prefers it.
He said that he would not say that his Department is
overmanned for the volume of work, but that possibly
he could get along with one less girl. Until recently
it was thought that it was necessary to take and record
the minutes of the Board of Appeals meeting$
. Walker asked how much a Chief Clerk would be worth
and Mr. DeFoe replied that he thought between $40 and
$50 a week.
Mr. Gay said that this was just a case of trying
to get more efficient work from the present personnel
and Mr. DeFoe said that he knew that.
Mr. Nickerson said that it seemed they would be
gaining, in effect, what has just been discussed for
nothing. The obstacle seems to be that if Mr. Walker
wanted to achieve it, Mr. DeFoe would feel another De-
partment Head were invading his Department.
Mr. Burns said that it would never work out and
that this was nothing but a wedge.
The Chairman explained that this report was solicited
by the Board of Selectmen and the Selectmen had asked Mr.
Walker to give them any suggestions he had.
Mr. Burns said that regardless of who took the
initiative, the fact is that it is bringing one Depart-
ment into another. He said that he did not care whether
II if kas Mr. Walker or who it was, he could not see it
working.
Mr. Gay asked if Mr. DeFoe felt that he needed a
girl to supervise his Department.
Mr. DeFoe replied in the affirmative and said that
she Would be taking the place of one of the girls he
now has.
Mr. Walker asked if he would be satisfied and qtr.
DeFoe said that he would if he had a competent girl.
At the Chairman's request, Messrs. Walker and
Burns and the Clerk retired at 9:05 P. M.
The Clerk and Mr. Burns returned to the meeting
at 9:40 P. M.
Mr. DeFoe brought up requests for water extensions
on Hayward Avenue, Ridge Road and Bennington Road. Mr. Water
Driscoll suggested that they be laid on the table for Extensions
the time being.
Mr. DeFoe requested permission to continue con-
struction of water mains in the Woodhaven Development. Woodhaven
The Board agreed to leave this to Mr. DeFoe's discretion. Water
Mr. DeFoe presented each member of the Board with Development
quotations he had received on water meters. He explained
that the Town now uses meters purchased from the Neptune
Meter Co. and he would like to continue.
Upon motion of Mr. Nickerson, seconded by Mr. Driscoll
it was voted to authorize the Superintendent of Public Water
Works to purbhase the following meters from the Neptune Meters
Meter Co.
A q J
c S
�i '
1
Neptune Meter Co.
200 5/8" - 03544.00 10 3/4" - $265.9Q
25 5/8" - 343.75 10 1" - 389.00
Mr. DeFae retired at 10:35 P. M. and the following
members of the Planning Board met with the Selectmen:
Chairman Cromwell, Messrs. Adams, Couette, Johnson,
Potter and Ripley.
Mr. Cromwell gave each member of the Board a copy
Planning of the recommendations of the Planning Board with refer-
Board re ence to the installation of water mains in new Board of
Board of Survey developments. He explained that this outline
Survey seems to the Planning Board to do what the Town should.
Regulations have done and what the Planning Board thinks should be
done on a reasonable basis. He explained that the Town
Engineer recommends, and it appears desirable to the,
Planning Board, that the work be supervised by the Town.
Mr. Burns explained that up to the present time, ,
subdivision streets, while they were under the super-
vision of the Town were in essence gravel streets> Now
the Town is requiring a street such as the Town builds
itself and requiring further the installation of a water
main. While the Town can require the developer to furnish
an Inspector at his own expense, Mr. Burns felt that it is
not too practical.
The Chairman asked if the Planning Board was in favor
of the items as listed and Mr. Cromwell replied in the af-
firmative. Be said that the members of the Planning Board
are not engineers and rely very much on what Mr. Burns ad-
vises and the program as written out seems to them to be
very good.
The Chairman asked the members of the Board of Select-
men how they felt about the recommendations and Mr. Nicker-
son inquired about item #2 with reference to the Town fur-
nishing valves, hydrants and special fittings deemed neces-
sary for fire protection;..
Both the Chairman and Mr. Nickerson expressed some
concern about this item.
Mr. Burns said that personally he felt fire protection
was the function of the Town.
This particular item was discussed' at length and Mr.
Couette asked if the Selectmen would be willing to go along
with it on more or less of a trial basis for a year. He
said that after that period of time the Board might be in
a better position to know if this formula was correct for
not. _
The Chairman asked if the Planning Board really felt
that the Town should pay for hydrants, valves and special
fittings.
Mr. Cromwell said that the Planning Board had agreed
on it originally 'end asked if any member had changed his
mind this evening. The members of" the Planning Board were
all in favor of the recommendations as presented.
The Planning Board retired at 11125 P. M.
Upon request of the Chairman, Mr. Gay conducted the
meeting for the remainder of the evening.
45
The Town Counsel had left an agreement with the
Board relative to the proposed toilet facilities for Agreement
the Center Playground. signed for
~Upon motion of Mr. Nickerson, seconded by Mr. toilet
Driscoll, it was voted to sign the Agreement between facilities
the Town of Lexington and The Architects Collaborative
for the erection of a toilet building at the Center
Playground.
Letter was received from Charles G. Davis com- Complaint re
plaining about the condition of the parcel of land land adjacent
adjacent to Tower Park. to Tower Park
The Clerk was instructed to submit a copy of
this letter to Mr. Garrity, Sup+t. of Parks and Play-
grounds, and request him to have a report for the
Board next week.
Petition was received, signed by residents in the
Fair Oaks District, requesting the Town to have the Fair Oaks
property adjacent to the reservoir on Masrett Road, Playground
recenily purchased by the Town, made into a playground.
The members of the Board agreed to inspect the
location.
Letter was received from Walter Whitney, 22 Gar-
field Street, registering a complaint about upholstering Complaint
being done at 22 Garfield Street.
The Clerk was instructed to request the Building
Inspector to submit a report.
Letter from Mr. Garrity, Supt. of Parka and Play-
grounds, relative to airplane spraying was held over from Airplane
last week. Spraying
Upon motion of Mr. Nickerson, seconded by Mr. Driscoll,
it was voted to award the bid for airplane spraying to the
P. A. Bartlett Twee Expert Co, at the quotation of $500.
Bill was received for the shrubbery planted om
Grant Street, together with a notation from Mr. Garrity Bill
inquiring as to what account the bill should be charged.
The Board agreed to charge this item to the High-
way Maintenance Account.
Application was received from Leonard Jellis, Jr.,
for Veteran Lot #12 Cedar Street. All other application Vet. Lot
have been contacted and replies received that they are #12 Cedar
no longer interested. Street.
Upon motion of Mr. Driscoll, seconded by Mr. Nickerson,
it was voted to sell and convey veteran lot #12 to Leonard
Jellis, Jr., providing he complies with the regulations in
connection with veterans lots.
46 am
cwe
.41
Application was received from the Lexington
Cab Co. inc., for a Public Carriage License at
Public 1722 Massachusetts Avenue, together with a letter
Carriage explaining that this corporation would like to pur-
License chase the Town Taxi business which is for sale.
The Board agreed to advise the Lexington Gab
Co. that when the business has been purchased a
license will be issued.
Licenses Upon motion of Mr. Nickerson, seconded by Mr.
Drisco11, it was voted to grant the following
licenses:
Walter J. Rose 6 Tewksbury Street Public Carriage (renewal)
Elegy's Spa 856 Mass. Avenue Sunday Sales "
Countryside Associates Lowell Street " Golf
Lexington Theatre Mass. Avenue " Movies
Upon motion of Mr. Driscoll, seconded by Mr.
Nickerson, it was voted to grant the following uses
of halls, free of charge:
Lexington Softball League Conf. Room May 11 8-10
Lexington School Dept. Es'stabrook " 12 8-10
League of Women Voters " June 7 8-10 '
Lexington Concert Band Cary Hall June 21 700--10:30
The meeting adjourned at 11:55 P. M.
A true record, Attests
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er , S ectmen