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HomeMy WebLinkAbout1950-03-06-min 559 SELECTMEN'S MEETING March 6, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, March 6, 1950 at 7 :00 P. M. Chairman Emery, Messrs . Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. Joseph H. DeFoe, Sup' t. of Public Works, met with the Board. He presented each member of the Board with a letter received from Mr. Converse Hill (Brewer & Lord ) in answer to a recommendation made by the School Committee that a com- plete review of school valuations as affecting insurance, Insurance be made. The Chairman was of the opinion that it might be well for the Board to invite Mr. Hill and the School Committee to attend a meeting for the purpose of discussing this sub- ject. No action is to be taken until after Town Meeting. Mr. DeFoe informed the Board that Mr. Robert Ryder, the developer of Colonial Acres has advised him that he wants to extend water mains as follows : Sherburne Road, 400 feet; Dane Road; Kendall Road, 1,000 feet of eight inch and 5,000 feet of six inch. Mr. Harold E. Stevens, Town Counsel, arrive at the meeting at 7:25 P. M. Mr. DeFoe explained the request and Mr. Stevens said that unless Mr. Ryder contemplates a change in the plan, Ryder re- it does not have to be referred back to the Planning Board. quest for Mr. Nickerson thought that the approval by the Planning water ex- Board did not give any approval beyond the plot plan approved. tensions Mr. Stevens explained that these roads have been approved by the Planning Board and Mr. Ryder does not have to go batik to that Board. He said that the plan has been approved without any agreement as to putting in services. He said that the Selectmen are the ones to say whether they will recommend or take action, as a Board, to put the water in and that nothing the Planning Board has done binds the Selectmen. The Chairman asked if the water would be installed under the Betterment Act and Mr. Stevens said that is how he supposed it would be done. Mr. DeFoe retired to ask the Planning Board about the approval and when he returned reported that the Planning Board has given approval only as far as the water pipe has been in- stalled. Mr. Ryder, however, has been given tentative approval of the layout, and wanted to submit his request before Town Meet- ing. He has no reason to believe that the Planning Board will refuse to approve the entire layout inasmuch as it has been ap- proved tentatively. The Chairman asked if the Board would be acting prematurely if any action were taken on this now and the Town Counsel replied in the affirmative. 560 ICC r-,4 I � The Chairman said, that as he understands the situation, the Board of Survey has still to act on the section of streets for which Mr. Ryder is requesting water, and Mr. DeFoe said that the Chairman's understanding is correct. Mr. Stevens agreed that the Selectmen could hold this in abeyance until some further information is received from the Planning Board, and that Mr. DeFoe should advise Mr. Ryder that his request will be placed on file until the Selectmen hear from the Board of Survey. Letter was received from Vance S. Tarr, 4 Ledgelawn Avenue, stating that he will give the town permission to construct a slope on his property. The Chairman asked Mr. Burns, Town Engineer, to meet with the Board during the discussion relative to Liberty-Ledgelawn Streets. The Chairman reported that he had met with Mr. DeFoe, Mr. Burns and Mr. Stevens in regard to this subject. He said that the way the proposed streets are laid out and the way the Town proposes to construct them, the job can be done without going on any private land except where the Town does have slope easements. Where the Town does not have slope easements, the slope easement will be handled in the side- Adv. for walk area within the street taking the Town took last fall. bids street Mr. Burns said that if it is not practical the Town Wbuld, construction in an emergency, make a taking for an easement. It was agreed by all present that there is no reason for not asking for bids and upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize the Superintendent of Public Works to advertize for bids, said bids to be opened in the Selectmen's Room, on Saturday morning, March 12, 1950 at 10:00 A. M. Mr. Burns retired at 8:00 P. M. Chief John W. Rycroft of the Police Department met with the Board at 8:00 P. M. Mr. Stevens informed the Board that the proposed Parking Meter and other Traffic Rules and Orders have been tentatively approved by the State Department of Public Works and will be placed on the agenda for formal approval March 14th. He ex- plained that the Selectmen could approve them this evening and Traffic then publish them on March 22nd or March 29th. He said that if Rules & they are published on the 29th the meters could be installed, Orders starting Monday, April 3rd, to be effective April 10th. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was VOTED: That the Traffic Rules and Orders of the Town of Lexington as now existing be and are hereby amended as follows : 1 561 March 6, 1950 PARKING METER AND OTHER TRAFFIC RULES AND ORDERS VOTED: That the Traffic Rules and Orders of the Town of Lexington as now existing be and are hereby amended as follows :- 1. By adding the following paragraphs at the end of ARTICLE I of the existing Rules and Orders:- (y) . "Parking Meter" . The words "Parking Meter " shall mean any mechanical device, not inconsistent with the provisions of these Rules and Orders, and placed or erected on any puolic way within the Town of Lexington for the regulation of parking. Each parking meter installed shall indicate by proper legena the legal parking time established by these Rules and Orders and when operated shall at all times indicate the balance of legal parking time permitted and at the expiration of such period shall indicate illegal or overtime parking. (z ) . "Parking Meter Zone". The words "Parking Meter Zone" shall mean and include any street or portion thereof upon which parking meters are in- stalled and in operation and upon which parking of vehicles is permittea 'or a limited time subject to compliance with the further provisions of these Rules 11 and Orders. (aa , "Parking Meter Space". The Words "Parking Meter Space" shall mean any space within a parking meter zone, adjacent to a parking meter which is duly designated for the parking of a single vehicle by lines painted on the surface of the street adjacent to or adjoining such parking meter. (bb) . "Person". The word "Person" shall mean and include any individual, firm, co-partnership, association or corporatiozm. 2. By adding at the end of ARTICLE V the following new sections :- SECTION 9. No person shall park a vehicle for a period or time longer than one hour, be- tween the hours of eight A.M. and six P.M. on any week day, excepting Friday on which day the hours are designated as eight A.M. and nine P.M,, on any streets or parts of streets herein or hereafter designated as parking meter zones. This restriction shall not apply on Sundays or during the hours of legal holidays during which business establishments are required by law to remain closed. In accordance with the foregoing, parking meter zones are hereby established in the following streets or parts of streets :- L—_____—______ 562 M+oy 0.1 1711 I ZlwGrant Street, westerly side, from Massachusetts Avenue northerly for a distance of 320 feet. Waltham Street, easterly side, from Massachusetts Avenue southerly for a distance of 163 feet. Muzzey Street, westerly side, from Massachusetts Avenue southerly for a distance of 147 feet. Meriam Street, easterly side, from Massachusetts Avenue northerly for a distance of 250 feet. Depot Square, westerly side, from Massachusetts Avenue northerly for a distance of 145 feet. Depot Square, easterly side, from Massachusetts Avenue northerly for a distance of 180 feet. Depot Square, from Massachusetts Avenue to Mass- achusetts Avenue adjacent to Emery Park. Massachusetts Avenue, both sides from Wallis Court to Clarke Street. SECTION 9A. Parking meters shall be placed at intervals of not less than 20 feet apart and not less than 12 inches nor more than 24 inches from the face of the curb adjacent to individual meter spaces, except that beginning and ending spaces in any zone may be not less than 18 feet. Meters shall be so constructed as to display a signal showing legal parking upon the deposit therein of the proper coin or coins of the United States as indicated by instructions on said meters and for such period of time as is or shall be permitted by these Rules and Orders . Said signal shall remain in evidence until expiration of the parking period designated at which time a dropping of a signal automatically or some other mechanical operation shall indicate expiration of said parking period . SECTION 9B. The Chief of Police is hereby authorizes and directed to establish parking meter spaces, in such parking meter zones as are hereiin specified, or as may be hereafter fixed by rules and orders, and to indicate the same by white markings upon the surface of the street and to maintain said meters in good workable condition. 563 SECTION 90. Nothing contained in sections 9 to 9H inclusive, of these Rules and Orders shall be construed to prohibit the Board of Selectmen from making provisions for bus stops, taxicab stands, service zones and loading zones as authorized by other sections of these Rules and Orders on any street or portion of street which has been or may hereafter be designated as a parking meter zone. SECTION 9D. When ever any vehicle shall be parked adjacent to a parking meter, the owner or operator of said vehicle shall park within the space designated by street marking lines and, upon entering such space shall immediately deposit in said meter the required coin of the United States for the maximum legal parking period or proportionate period thereof both as shown on the meter and if so required, set the mechanism in motion. The fee for the maximum park- ing period shall be five (5) cents and one (1) cent for each proportionate period of said maxi- mum limit, as shown on the meter. (a) It shall be unlawful for any person to deposit or cause to be deposited in a parking meter any coin for the purpose of permitting any vehicle to remain in a parking space beyond the maximum period of time allowed in a particular zone. (b) It shall be unlawful for any person to park a vehicle within a parking meter space unless such vehicle is wholly within the painted lines adjacent to such meter. (c ) It shall be unlawful for any unauthorized person to tamper with, break, injure or destroy any parking meter or to deposit or cause to be deposited in such meter any slugs, device or metallic substance or any other substitute for the coins required. SECTION 9E. Operators of commercial vehicles may park in a metered space without depositing a coin for a period not to exceed 50 minutes for purposes of loading or unloading. Parking in excess of this time limit without depositing the proper coin shall be deemed a violation of the provisions of these Rules and Orders. SECTION 9F. The Chief of Police is hereby designated as the person authorized to collect monies deposited in parking meters or to cause the same to be so collected. Such monies shall be delivered forthwith to the Town Treasurer, who shall deposit them in a separate account to be known as the Lexington Parking Meger Account e4 SECTION 9G. All fees received by said Town of Lexington from the operation and use of park- iig meters shall be used as authorized by Chapter 442 of the Acts of 1947 and Chapter 776 of the Acts of 1949, as they now exist or may subsequently be amended or supplemented, and the General Laws . SECTION 9H. Any person who violates any parking provision of these Rules and Orders shall be subject to the penalties provided by Chapter 90, Section 20A of the General Laws, as now or hereafter amended,, 3. By striking out SECTION 3 of ARTICLE IX and inserting in place thereof the following:- SECTION 3. Except as otherwise provided, any person convicted of a violation of any pro- vision of these Rules and Orders shall be pun- ished by a fine of not exceeding twenty dollars ($20.00) for each offense. 4. By striking out SECTION 31 of ARTICLE V and inserting in place thereof the following:- SECTION 3. No person shall stop a bus upon any street within a business district to discharge or take on passengers at any place other than places designated as bus stops by the Board of Selectmen and duly marked as such. 5. Effective upon the installation of parking meters as hereinabove provided:- A. Amend SECTION 2 of ARTICLE V. pro- hibiting parking on certain streets or highways or parts thereof, as follows:- (a) By striking out "Merriam Street. From Massachusetts Avenue to the Boston & Maine Railroad" land "Waltham Street. On the easterly side from a point 160 feet from the southerly side of Massachusetts Avenue to the northerly side of Vine Brook Rd." and inserting in place thereof the following:- Meri.am Street. On the westerly side from Massachusetts Avenue to the Boston and Main Railroad. Waltham Street. On the westerly side from Massachusetts Avenue kouth- c erly a distance of 184 feet. (b) By adding:- 565 Clarke Street. On the westerly side from: Massachusetts Avenue to Forest Street. Grant Street. On the easterly side from Massachusetts Avenue to Sherman Street. B. Strike out SECTION 5 of ARTICLE V, pro- hibiting parking for longer than one hour in certain, and insert in place thereof the follow- ing:- SECTION 5. No person shall perk a vehicle for a period of time longer than one hour, be- tween the hours of eight A.M. and six P.M. on any week day, excepting Friday on which day the hours are designated as eight A.M. and tine P.M. , on the following streets or parts thereof :- On the westerly side of Muzzey Street from the southerly end of the parking meter zone to Raymond Street. On the easterly side of Clarke Street from Massachusetts Avenue to Raymond Street. On the easterly side of Waltham Street from the southerly end of the parking meter zone and extending to Forest Street. On the westerly side of Waltham Street com- mencing at a point 192 feet from Massachusetts Avenue And extending to Forest Street. On both sides of Massachusetts Avenue for a distance of 500 feet easterly, and for a distance of 200 feet westerly from the center line of Independence Avenue, if extended. C. Strike out paragraph (b) of SECTION 6 of ARTICLE V dealing with angle parking and insert in place thereof the following:- (B ) Upon the streets or parts of streets which may hereafter be designated by rules and orders and marked And signed for angle parking, vehicles shall be parked with one wheel within twelve (12) inches of the curb and at the angle to the curb indicated by such marks or signs, and each vehicle shall be entirely within the painted lines designated for its individual use. 566 :ecZ 0.101 CIA Date of Passage March 6. 1.950 ' /s/ George W. Emery /s/ Frederick M. Gay /s/ William Hi Driscoll /s/ Donald E. Nickerson /s/ Louis L. Hoyt Board of Selectmen Attest: /s/ Hazel J. Murray Clerk of Board of Selectmen r 1 567 Messrs. Stevens, Rycroft and DeFoe retired at 8:25 P. M. for the next appointment. Mr. Anthony DePaolo met with the Board relative to his application for a license to operate a poolroom at 3 Bow Street. The Chairman stated that before the Board granted Mr. DePaolo's present license, the Selectmen were not Poolroom very much in favor of poolroom and that previous Boards of Selectmen had not been in favor of them for some time. He further stated that the present Board still feels the .2/6/11) same about poolroom. Mr. DePaolo said that he is forced to move from his location at 1804 Massachusetts Avenue and must vacate by the first of April. He said that he intends to operate a recreation hall. Mr. Nickerson asked if the operation of the present poolroom had proved to be a success and Mr. DePaolo replied in the affirmative. The Chairman asked if there were any questions and there were none. Mr. DePaolo retired at 8:33 P. M. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was unanimously voted to deny the application. Mr. Richard P. Cromwell, Chairman of the Planning Board, met with the Selectmen. He stated that his Board had conferred with Mr. Special Lynch last Saturday and it now does not appear that the Town proposed Zoning By-laws will not be ready for the Town Meet- Meeting ing. He said that there would be sufficient time for advertising and hearings, assuming that there would be an ad- journed meeting carrying into the 3rd of April. Mr. Lynch feels that, because the copy was not on file in the Select- men' s Office as stated in the Warrant, the By-laws might be lost because of a technicality. He said that most of the members of his Boaf+d do not feel that they should try to have the By-laws ready for March 20th Meeting. He asked if the Select- men would agree to call a Special Town Meeting for the first week in May. The Chairman asked if Mr. Cromwell were making this as a formal request and he replied that his Board agreed last Saturday that they would not do anything until the first week in May. Mr. Cromwell asked if the Planning Board could receive word from the Selectmen that a Special Town Meeting would be called and the Chairman replied that if the proposed By- law is postponed, the Board will have no alternative. He said that he thought some notice should be inserted in the Minute Man now if the By-law is not going to be acted on at this meeting. Mr. Cromwell retired at 8:45 P.M. 568 Budget Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Increase it was voted to increase the Elections Department- Jurisdiction Selectmen budget $400 to take care of the cost of a Special Town Meeting. The Chairman read a letter from Mr. Chapin, Director of Veterans ' Services, stating that his expenditures for the first two months this year are 25% higher than for the same period last year. He therefore recommended that his budget, submitted in November, be increased from $3500 to $4200. The Clerk was instructed to advise Mr. Walker, Town Accountant, of this request. Letter was received from the Board of Fire Engineers, together with a report relative to an accident which Damage to occurred on Lowell Street, February 8th, and caused Fire Alarm considerable damage to the fire alarm system. System It was the opinion of the Board that this should be referred to the Town Counsel with instructions to settle the claim in accordance with his best fudgment- and the best undgment of the Board of Fire Engineers. The Chairman read a letter from the National Municipal League relative to reappraisal of real property. Letter was also received from Leland H. Emery, Chairman of the Board of Assessors, in which he made several comments with reference to Article 44 in the Warrant for the Annual Town Meeting. This Article, inserted by ten or more registered voters, calls for the re-assessment of the valuation of all real property. j The Chairman read a letter from William E. Maloney, on behalf of the Lexington Boys ' Club, requesting per-, et Paper mission to conduct a paper drive on Sunday, April 2, Drive 1950. Mr. Hoyt moved that the request be granted. Mr. Gay seconded the motion, and it was so voted. Letter was received from W. H. McCullough, 75 Tax Title Valley Road, offering $150 for lots 24, 25, and 26, Property Block 73, Valley Road. The Clerk informed the Board that the Town Engineer reported that Route 128 is to be located through Mr. McCullough's property and he has to move his house. There is no sewer or water in the street. The offer was hold over for one week to give the members of the Board an opportunity to look at the lots. Messrs. Stevens, DeFoe and Rycroft returned to the meeting.L_ Mr. Stevens mentioned the application received some 569 weeks ago for permission to operate a pin ball machine. The Chief said that he was not in favor of a permit being granted. Pin Ball Mr. Stevens stated that the Board has the power to Machine refuse to grant the permit. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to deny the application received from Leo A. Boynton for a permit to operate a pin ball machine in his gasoline station at 27 Massachusetts Avenue. A photostatic copy of Chapter 159, an act relative to time for payment of betterment assessments in the town of Act Lexington, was received. Messrs . Stevens and DeFoe retired at 9:55 P.M. Certified list was received from the Division of Civil Police Service, advising that the only eligible application for Officer the Police Department, to fill the vacancy caused by the appoint- resignation of Officer Harvey, is Kenneth E. Nutt. ment The Chief said that he would like to have the Board make the appointment effective March 27, 1950. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to appoint Kenneth E. Nutt, permanent Patrolman in the Town of Lexington, effective March 2q, 1950. Chief Rycroft retired at 10:55 P.M. Upon motion duly made and seconded, it was voted to grant, free of charge, the following uses of halls : 4-H Club Con. Room March 7 meeting Sacred Heart Parish Cary Hall " 12 rehearsal Lex. Civilian Police Estabrook Hall " 14 meeting V.F.W. & Auxiliary " 29 meeting St. Brigid 's Holy Name Society Cary Hall April 2 breakfast Lexington Grange It " Sept. 16 fair Mr. Daniel Curtin's application for a 2nd Class Agent's license was held over for another week. Sealed bids for the m llection of garbage in the Town of Lexington were received as follows: William Callahan, Wilson Road Bedford Certified Check $100 $7500 a year for three years Connors Brother, Lexington " " $100 $11,600 for one year 23,800 for two years 36,600 for three years Holger G. Witman, 122 New Boston Street, Woburn, Cert. Check $100 1 570 $10,984 for one year I 20,968 for two years 29,958 for three years Leonard F. Collins, 141 Spring Street Bank Check $100 $9,000 The Clerk was instructed to invite all of the bidders to meet with the Board for fifteen minutes each next Monday night. The Meeting adjourned at 10:15 P.M. A i?u6e record, Attest: Sel ctme , 1 1 •