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HomeMy WebLinkAbout1950-02-27-min 552 SELECTMEN'S MEETING February 27, 1950 , A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 27, 1950 at 7:00 P. M. Chairman Emery, Messrs . Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. Mr. John J. Smith, Jr. , furniture sales, 121 Grove Street, was drawn to serve on Civil Business . Jurors Mr. Joseph Donnelly, C.P.A. 48 Forest Street, was drawn to serve on Criminal Business, 1st session. Mr. Charles E. Hogan, underwriter, 34 Hayes Avenue, was drawn to serve on Criminal Business, 1st session. Mr. Arthur S. Pierce, trucking, 6 Dexter Road was drawn to serve on Criminal Business, 1st session. Mr. Carroll retired at 7:05 P. M. and Mr. DeFoe, Supt. of Public Works, met with the Board. Mr. DeFoe reported that the estimated cost of construct- ing sidewalks, as requested by the First Church of Christ Scientist, will be $318 for the entire project of which the Sidewalks abutter pays one-half or $159. The Chairman agreed to advise the Church that this pro- ject will be reviewed some time after March 27th. Mr. Stevens, Town Counsel, and Mr. Bruce arrived at the meeting. Mr. DeFoe gave a report of progress relative to the number of signatures that have been secured with reference to easements in the Liberty-Ledgelawn section. He stated that Liberty- there are 45 parcels on Ledgelawn Avenue; six not signed, Ledgelawn one lot has been signed for by a wife whose husband is out easements of town and 39 have signed. On the other streets, out of a total of 36 parcels, 24 have signed, 9 refused and 3 were not contacted. Mr. Bruce also gave a report and said that if something definite could be told to the property owners it might be pos- sible to secure more signatures. He suggested telling them that the streets are going to be constructed whether all sig- natures are obtained or not and if it becomes necessary for the town to get into any litigation, the expense will be added to the cost of the project. The Chairman said that it was very true that if the Town is involved in litigation, the cost will be added to the project and have to be paid by all the neighbors. Mr. Stevens said that Mr. Bruce could go as far as saying that the streets are going to go through and that refusing to sign the easements will only delay the project. Mr. Bruce agreed to try to secure a few more signatures and stated that he would report to Mr. DeFoe by Wednesday or Thursday of this week. Mr. Bruce retired at 8:40 P. M. 553 The following members of the Appropriation Committee met with the Board: Chairman Patterson, Messrs. Cleveland, 11 Donnelly, Bateman, Smith, Hall, Vadeboncouer, Tucker, and Mr. Walker the Town Accountant. Chairman Thomas of the School Committee, Chairman Emery of the Board of Assessors and Mr. Potter, representing the Cemetery Commissioners were also present. This meeting was called by the Appropriation Committee as provided for under Article XIII, Section 2 of the General By-laws, and conducted by Mr. Patterson, Chairman of the Appropriation Committee. The Chairman referred to the budgets submitted by the School Committee and Mr. Thomas agreed to the amounts as read. The Cemetery budgets were then considered and Mr. Potter questioned the Personal Services budget which had been figured to include a raise for the Clerk, but reduced by the Appropriation Committee. Mr. Patterson explained that no increases had been approved for any Clerks, and that the Appropriation Committee felt that as long as the Clerk wants the job no change should be made in the salary. The Committee also is of the opinion that the Cemetery records should be taken care of at the Town Offices. Mr. Potter said that he agreed that the records should be in the Town Offices and had said ao for years . Mr. Patterson said that if the Clerk should give up the work, the Appropriation Committee believes that it could be Budgets handled without any increase in clerical help. There were no questions on the Cemetery - Wages and Expenses budgets. The Chairman then took up the budgets submitted by the Board of Assessors. Mr. Emery asked if anything could be done about the salary for the Senior Clerk in his department. The Chairman replied that it is the opinion of the Appropriation Committee that all clerks in the Town Hall would have to go along without any increase. Mr. Emery had no further questions and the group retired at 7:55 P. M. Mr. DeFoe reported on the possibility of constructing Collidge Avenue as a Chapter 90 project. He said that he was told that if the County agreed, the State would approve Constr- it. Mr. Hatch, the County Engineer, told Mr. DeFoe that uction of he would recommend it to his Commissioners. Coolidge Mr. Stevens recommeded that the Board of Selectmen Avenue petition the County to lay out and construct Coolidge Avenue. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to petition the County Commissioners to lay out and construct as a public way Coolidge Avenue westerly for about 1,000 feet to Hancock Street. 554 1-4 Mr. Stevens reported that the Lumbermen' s Mutual Insurance rad Company will settle the Webb case for $161.98, damage to a hydrant on Spring Street, and recommended that the Town accept the settlement. Mr. Hoyt moved that the Town Counsel be authorized to Claim settle the case of the Town of Lexington v. Effie V. Webb, Dorchester, in the amount of $161.98. Mr. Driscoll seconded the motion, and it was so voted. Mr. Stevens reported that the Lumbermen's Mutual Insurance Company has also agreed to settle the Rourke case fbr $20 damage to trees on the property opposite the Lexington Nurseries, and recommended that the Town accept the settle- ment. Mr. Driscoll moved that the Town Counse],/v. Albert F. Rourke, Somerville in the amount of $20. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe discussed further the subject of paying Mr. William Mason sick leave and disclosed information he has Sick Leave received on this subject since the last meeting of the Board. Upon motion of Mr. Gay, seconded by Mr. Hoyt it was voted to rescind the vote passed last week whereby the Suptt. of Public Works was authorized to pay Mr. Mason sick leave. Mr. DeFoe retired at 8:35 P. M. and the following members of the Planning Board met with the Selectmen: Chairman Cromwell, Messrs. Adams, Couette, Johnson, Potter and Ripley. The Town Engineer was also present. Facilities The Chairman of the Board of Selectmen explained that for sub- this meeting was called as a result of the action of the divisions Selectmen in asking the Town Counsel questions with reference to the obligation of the Town, if any, to install facilities for subdividers where the subdivider does not pay the total cost; or the legal right of either the Board of Survey or the Selectmen to make the subdivider pay a percentage of the total cost. He explained that the questions had arisen when the Board started to figure the cost of installing several miles of water pipe. Mr. Stevens said that, as the Planning Board knows, and as he reported to the Selectmen, the Statute 81-M authorizes the Planning Board, as a Board of Survey, to require the sub- divider to put in public utilities. When the Board requires it, it is at the expense of the sub-divider unless the Board makes some other ruling. He said that it islnot quite clear from the Planning Board 's regulations just what is required of the sub-divider. He explained that he has discussed this with Mr. Cromwell and apparently the Planning Borrd has not been requiring subdividers to put in the water and sewer. He stated that the regulations, in one place seem to require the sub- divider to put the water in, but in another place that does not seem to be the intention. Mr. Cromwell agreed that the regulations are ambiguous. * be authorized to settle the case of the Town of Lexington L 555 Mr. Stevens said that he has discussed this subject with Mr. Allen Benjamin and it appears that the power of the Planning Bocrd is very serious. About two years ago the State made a survey of the various Planning Boards and the majority of the Boards require the subdivider to put in water. Some Boards require installation of sewers, and they all require streets. He said that he does not believe there ,is any legal obligation on the part of the Town to put in water for a subdivider. The Chairman asked if the Planning Board, as a Board of Survey, has the power to make an agreement with a sub-divider which would put the Town under obligation to spend money to fulfill the terms or the agreement. Mr. Stevens replied that the Planning Board can require the sub-divider to do things, but there is nothing in the Statute authorizing the Planning Board to bind the Town. The Chairman asked if any agreement between the Planning Board and a sub-divider, involving spending,money, would be contingent upon the Town passing a vote to spend the money and Mr. Stevens replied in the affirmative. The group continued to discuss the subject at length and retired at 10:10 P. M. The Chairman read a notice from the Department of Public Utilities stating that a hearing will be held on Wednesday, March 22, 1950 at 11:00 A . M. upon the petition of the Boston and Maine Railroad for approval of the discontinuance of Saturday trains. Mr. Stevens retired at 10:15 P. M. Letter was received from the Board of Fire Engineers advising that the Gorham Fire Equipment Co. will allow $150 for 1100 feet of fire pair cable against the purchase of a generator. Fire Mr. Hoyt moved that the Fire Engineers be instructed Cable to refer this to Town Counsel for advice. Mr. Driscoll seconded the motion, and it was so voted. Letter was received from Mr. Garrity recommending a procedure for obtaining permission from property owners on Planting East Streit to plant trees in front of thi'er property. trees, East Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Street it was voted to endorse Mr. Garrity's recommendations and authorize him to proceed accordingly. Mr. Garrity also commented on the proposed toilet Center facilites for the Center Playground. He suggested the playground elimination of the expense of connecting the facilities toilet f ac. to the sewer and the installation of a septic tank. The Chairman decided to hold a special meeting on Saturday morning at 10:00 to disucss this project further with the Recreation Committee and the Appropriation Committee. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to approve the following pole location: 56 Pole Massachusetts Avenue, northeasterly Location side, approximately 115 feet northwest of Bloomfield Street, - One pole. One existing jointly owned pole to be removed. The Chairman read a proclamation, prepared by Bertram Gustin, relative to the adoption of a tricorne hat es the 19th of motif for the 19th of April celebration. It was the April opinion of the Board that the Selectmen should not become motif involved, and that the proclamation should be issued by the Chamber of Commerce or some other group. The Chairman reported that he had an artist look at the paintings in Cary Memorial Building as a result of a letter received from Mr. Frothingham calling the Board 's attention to the condition of the pictures. The artist recommended better lighting on the larger picture, the Battle of Lexington. The artist did recommend, however, that a good cleaning job be done on the other tto paintings, and this will cost approximately p150. A photostatic copy of Chapter 104, an act validating the acts and proceedings at Fdjourned sessions of the Act annaul Town Meeting of the Town of Lexington held in 1949, was received. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to grant the following licenses : I Fred N. Vaino 1794 Mass. Ave. Sunday Movies Licenses Robert Tucker 100 Meriam St. Guide License Daniel P. Curtin 435 Marrett Rd. Common Victualler Mr. Curtin' s application for a Second Class Agent's license was held over until the next meeting. Application was received from the Sacred HeartParish requesting permission to hold a Minstrel Show in Cary Hall Use of Hall on March 16, 1950. Mr. Gay moved that the use of the hail be granted, sub- ject to a charge of $35 .00. Mr. Driscoll seconded the motion, and it was so voted. The Chairman read a letter from Philip Godley, PresidOnt of the Fiske School PTA, in which he stated that motor vehicles have been using the footpath between Woodland Road and the Fiske School. A copy of the letter was sent to the Chief of Police. The Clerk reported to the Board that Prof. John H. Judge, Heart Chairman of the 1950 Heart Campaign had requested permission campaign to conduct a so-called Tag Day. He has discussed this with tag day Mr. Grindle and also Mr. Sukeforth of the Lexington High School who have agreed to have students participate. 557 The Board had no objection providing the School Committee is in favor. The meeting adjourned at 11:20 P. M. A true record, Attest: /;er S ect n. 1