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HomeMy WebLinkAbout1950-02-20-min 44 CC SELECTMEN'S MEETING February 20, 1950 ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 20, 1950 at 7:00 P. M. Chairman 1mery, Messrs. Gay, Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe, Superintendent of Public Works, met with the V. C. Board and presented each member with quotations received from pipe the Lexington Lumber Company and Waldo Brothers for specified quantities of V. C. sewer pipe and fittings. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to accept the low bid of the Lexington Lumber Com- pany, totalling $2076.03. Mr . DeFoe reported that Mr. Robert Friars, a lecturer, obtained a screen for Mr. Walter Sands, Chairman of the Cary Screen Lecture Committee, to be used in Cary Hall. Mr. Friars was for Cary willing to deduct his commission from the price of the screen Hall which would reduce it to $74,29 including express charges . , According to Mr. DeFoe, Mr. Friars also agreed to leave the screen even though the Town refused to pay for it, but Mr. Sands would not agree to any such arrangement. Mr. DeFoe informed the Board that insofar as he is able to determine the screen now being used is the original one and should be replaced. The Chairman felt that a new screen is needed and thought this appeared to be a good buy. Mr. Gay reported that one Henry Brask had looked at the new screen and in his opinion it is a perfect screen and better than the one recently purchased for Estabrook Hall. Mr. Gay moved that the screen be purchased at a net cost of $74.29. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe stated that Mr. Walter Harrington, Somerville, Re: Water who owns Lots 4 and 5 on Winter Street has requested the ex- Winter tension of a water main to serve his property inasmuch as he Street expects to build a house. It was the opinion of the Board that there are many requests for water, received prior to this one, where it is more urgently needed and from which more people will derive benefit. Mr. DeFoe presented a sketch of Wheeler Road and explained Re: Water ' that some individual is building a house on this rioad and has Wheeler V requested the extension of a water main. He explained that Lex- Road ington would have to obtain permission from the Town of Burling- tion, State Board of Health and also from the M.D.C. The Chairman questioned the legality of such an installa- tion and suggested that Mr. DeFoe take this up with Town Counsel. 545 Mr. DeFoe also submitted requests for water main extensions in Robbins Road, Webb Street, First, Second and Third Streets, Young Street and Dunham Street. He was instructed to place all requests on file and present them to the Board for reveiw again after the Annual Town Meeting. Mr. Stevens, Town Counsel, met with the Board. Mr. DeFoe reported that he and the Town Counsel went to see Katherine Leary relative to her alleged claim for damages to her property at 45 Waltham Street. '"'rrs. Saxton, Leary her sister, was there and apparently she is less inclined claim to settle than is Miss Leary. It was left that they will have someone look the property over and the Town Counsel would also have an inspection made. Mr. Stevens reported that he had someone look at the property and reported that there is nothing to do but have a wall. Miss Leary agreed to call Mr. DeFoe. Mr. DeFoe reported that William Mason, an employee in the Public Works Department was absent from work due to illness from January 13th to January 31st inclusive, but did not. have a doctor. Two or three years ago the Hoard•y,.*.4, 1Mason in a vote relative to sick leave, ruled that an employee Sick leave to receive pay for sick leave after the first two days absence must present a doctor ' s certificate. Mr. Mason said that he had witnesses who would testify that he was ill. Mr. DeFoe read a statement to the affect that Mr. Mason was confined to his home by illness, signed by Mrs. Mason and Wedwell Holman, who lives in the same house. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to authorize Mr. DeFoe to make an exception in this particular instance, due to the circumstances, and pay Mr. Mason sick leave. Letter was received from the Boston and Maine Railroad with reference to further cancellation of trains from Lexing- tOnrto Boston on Saturdays. Train It was agreed to have Mr. Adams include an item in the Caneella- Minute Man suggesting that all individuals opposed to the tion cancellation call the Selectmen's Office and leave their names and addresses. Mr. Stevens suggested that the Chairman write to Mr. William H. $irby, Direcj, Railway and kassenger Division of the D.P.U. , State Hous&. and ask to have a survey made. Mr. Stevens presented an Agreement, in duplicate, between the Town of Lexington and the Mages-Hale Park-O-Meter Company, Parking for the. delivery and installation of 120 Model "G" AutomaticM Park-O-Meters, for a total sum not to exceed $7,380.00. Mr. Gay moved that the contract be signed. Mr. Nickerson seconded the motion, and it was so voted. Messrs. Stevens and DeFoe retired at 8:05 P. Ma 546 At 8:05 P. M. hearing was declared open upon the applica- tion of John Busa ,for a license to maintain one underground tank for the storage of 1,000 gallons of gasoline on premises located at 52 Lowell Street. A notice of the hearing was inserted in the t''ebruary 9, 1950 issue of the Lexington Minute- Man. No persons appeared Busa gas in opposition and Mr. Busa's son was the only person present hearing in favor. Mr. Busa explained that the gas would be used for farm equipment and further stated that he has no tank at the present time. The Chairman explained that the application has been approved by Roy A. Cook, Chief Engineer of the Fire Department. Mr. Gay moved that the application be approved and the license signed. Mr. Hoy seconded the motion, and it was so voted. Mr. Busa retired at 8:09 P. M. Hearing was declared open upon the joint petition of the Boston Edison Company and the New England Telephone and Tele- graph Company for permission to locate two poles on North Street. No persons were present in favor or in opposition and the Chairman explained that the petition has been approved by the Pole Town Engineer and the Superintendent of Public Works. Location Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to grant the petition and sign the order for the following pole locations: North Street, southeasterly from a point approximately 80 feet southeast of Burlington Street. Mr. Robert Person, representing the Recreation Committee, Messrs. DeFoe and Stevens met with the Board. Mr. Person presented plans, termed by him as rough sketches, of the proposed toilet facilites for the Center Toilet , Playground. He explained thejconstruction and informed the facili-d Board that he had received and estimate from Howard Custance ties in the amount of $11,725 for plan A with the gable roof Center and $11,200 for plan B with a flat roof . The Town Engineer play- submitted a quotation of 42730 for sewer connection. Mr. ground Person explained that the total cost would be approximately $15,000. Mr. Hoyt asked if the proposed building would be con- sidered a temporary measure and Mr. Person replied that his Committee felt it would adequate for a number of years. The Chairman said he thought the Recreation Comittee should met with the Board next Monday and discuss this at which time the Selectmen will have a report as to how they feel about it. He further suggested that Mr. Person meet with the Ap- propriation Committee this evening and discuss the subject with that Committee. Mr. Person agreed and retired at 8:25 P. M. Mr. DeFoe also retired. Mr. Nickerson suggested that the Board defer any action on the Recreation Committees ' request for $15,000 for toilet facilities at the Center playground until after the Appropria# tion Committee has acted upon it. 547 Mr. Kraff, of Shoppers ? Haven, met with the Board and said that he would like to find out about his Common Victuallers license which expired on December 31, 1949 and has not been renewed. The Chairman explained that the Board had held it up because of complaint relative to Sunday sales . Mr. traff said that there is not a store in Lexington or any town that is open on Sunday that can say that they do not prepare to do business on Sunday. He said that there are always emergencies coming up. He stated that any complaints Shoppers ? received have not come from the public or the police or any Haven other officials, but from jealous competitors . He said that there is no business which he does on Sunday that any competitor cannot get. Regular oustomer% come in on Sundays for emergencies and in some instances he has to accomodate them. He said that he does not sell to just anyone who happens to come along. He stated that his store is open Sundays for the soda fountain, beverages, etc. , but when an emergency arises he takes care of it. He mentioned one instance when the proprietor of the Domino Manse in Bedford came in on a Sunday because she was not prepared to take care of all her reservations. He said that he had never seen her before and that she buys wholesale but this was an emergency and one which he told the Chief of Police about. The Chairman asked Mr. Kraff if he is the proprietor and he replied that he opened the store for his son-in-law. The Chairman asked if Mr. Kraff was at the store most of II the time and he replied that he was at the store at all times. The Chairman said that he would then know what went on at all times and Mr. Kraff said that he certainly does. He said that he did not wish to hide anything. He said that as far as actually doing business on Sundays, he is not hurting any other competitor. He stated that his Sunday customers buy items for emergencies and purchases they had not planned. The Chairman explained that the Selectmen have the responsibility of trying to see that the laws are upheld and the complaints forced the Board to look into the matter. He further stated that the Board intneds to refer it to the Town Counsel and that is the way the matter stands at the moment. Mr. Kraff asked how the Common Vi-ctualler ?s license would affect the Sunday Sales license and the Chairman replied that he did not think it has any direct affect. Mr. Stevens asked if Mr. Kraff would divide the store and thereby solve the problem. Mr. Kraff said that he would have to move so many items on Saturday night for Sunday that it would not be possible. Mr. Stevens said that as it is now it is one store. It could be divided into two and no difficulty would rise. Mr. Kraff said that it just would not work out. Mr. Stevens asked who the older man is who works on Sundays and Mr. Kraff said that Mr. Bryant is never there on Sundays. Mr. Stevens said that Sundays was the only time he ever saw him. He said that he had been there on many Sundays before he became Town Counsel. 58 Mr. Kraff said that Mr. Bryant was in the store only one Sunday in two years and that was when he eame in to hllp take inventory. He stated that his daughter helped out at one time and that Mr. Bryant, who works on the meat side, works five days a week and not on Sundays at all. Mr. Stevens said that this is a situation where admittedly Mr. Kraff iseelling on Sundays and the law makes no allowances for emergencies. He explained that the Board is faced with the fact that there is a law violation going on and it could be cured if the store were divided. However, Mr. Kraff might de- cide that it would be better not to remain open than to divide the store. Mr. Stevens said that he was not prepared to give' the Board his final decision this evening. Mr. Kraff said that he was not doing any meat business on Sundays that amounts to anything. Mr. Stevens and Mr. Kraff retired at 8:45 P. M. Mi'. Burns, Town Engineer, met with the Board. Application was received from the Lexington Field and Garden Club for permission to conduct a meeting in Estabrook Use of Hall Hall on the evening of March 13th from 7:30 P. M. until 10:30 P. M. Mr. Hoyt moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. Application was received from the Veterans of Foreign Wars requesting permission to conduct meetings in Estabrook Hall and a conference room on the evening of March 1st from 7:30 P. M. until 10:30 P. M. Use of Hall Mr. Hoyt moved that the uses be granted free of charge . Mr. Gay seconded the motion, and it was so voted. Application was received from Fred Viano for a Sunday License Movie License for February 26th. Mr. Nickerson moved that the License be approved and signed. Mr. Gay seconded the motion, and it was so voted. Further consideration was given to Mr. DePaolols applica- tion for a pool room license at 3 Bow Street. The Chairman read a letter from the Chief of Police stating that, in his opinion, parking facilities are not adie— Pool room quate unless the cars are parked on Mass. Avenue. He further license stated that he is opposed to the operation of a pool room in �l�D`�ro Lexington and more so now that the location is to be moved from the center where there was more opportunity to keep a check on it. The Chief stated that Arlington does not permit pool rooms and he felt that this particular location might invite undesirables from the Town of Arlington. The Clerk was instructed to invite Mr. DePaolo to meet with the Board. ' r -_ J 549 The Chairman read a letter from Joseph R. Belcik, 69 Valleyfield Street claiming that the town crushed a drain pipe when the water was installed, causing water to back up into his cellar. Drainage Mr. Burns explained that the Town replaced the broken complaint' drain pipe two years go. He said that the pipe could be re- placed again but it will not do any good. He said that he has explained this to Mr. Belcik many times, but he is willing to put the pipe in if Mr. Belcik will tell him what he wants and where he wants it placed. He said that it would Dost less than $25. Mr. Nickerson asked if there is any way to make the drain work sftisf actorily and Mr. Burns replied in the negative . He said that the entire swamp would have to be drained . The Chairman suggested that Mr. Burns contact Mr. Belcik and advise him that the pipe would be replaced if he will show Mr. Burns where he wants it laid. At 9:15 P. M. six individuals from the Town of Bedford, whose names were not given, met with the Board relative to Bedford Bedford 's sewer problem. sewer The Town appropriated money for a study and engaged problem Metcalf & Eddy. The Veterans Hospital is having trouble with ✓ its sewage plant and polluting the water at the Sachkm Council Boy Scout Camp. Bedford would like to work out a deal whereby the State, Bedford and Lexington could get the sewage piped down the M.D.C. Mr. Burns inquired as to how far Bedford has gone with the consultant engineers and was informed that Metcalf and Eddy has made a study of the collection system. He was told that the Town of Bedford would need to obtain Federal aid to get the pipe coming down from Bedford. Mr. Burns said that first it would have to be determined how much Bedford will deliver and asked if it is planned to take over the Bedford Hospital. JOne of 'she representatives replied in the negative, but said that the would like to eventually. Mr. Burns said that if they could find out how much Bedford will deliver in sewage it would give Lexington some idea at least as to how much Lexington would be getting into to pick up Bedfords sewage as well as Lexington sewage. He explained that the Lexington pipe may have to be larger, and that it would be necessary to have a consultant to deter- mine that. Mr. Burns also said that it would have to be decided whether or not the force main now at the pumping station would be large enough to handle the proposed addition and It would require some study_. He said also that there would be the question of the maintenance of the pumping station. He said that personally he thought it might be cheaper for Bedford to dump into Lexington' s wet well and handle the maintenance between the two towns . He said that Bedford would have to find out whether or not the m.p.g. would take the town into its system. 5501-11 �^ One of the representatives said that he spoke to an M.D.C. commissioner who advised him that if the Bedford Selectmen wrote to the Commission a-study would be made, but that the price for Bedford alone would be prohibitive. Mr. Stevens, Town Counsel, returned to the meeting. He said that it would be a fairly expensive line to run up to Bedford, bug there is no reason why a study cannot be made and if the Federal Government would finance it, it would of course be a help. He said that the M.D.C. could not agree to expand the system for Bedford. He explained that the M.D.C. does not have funds of its own to spend and the costs are distributed against the various towns in the syste#• Mr. Burns said that from an engineering point of view, pumping into the Lexington Station is feasible, but there is the question as to whether the present pumping station can handle it. Mr. Stevens suggested that the problem be discussed further with Metcalf & Eddy. The group retired at 9:55 P. M. Petition for a joint pole location was received from Pole the Boston Edison Company and the New England Telephone and Location Telegraph Company for the removal and placing of one pole on Lowell Street. Both the Superintendent of Public Works and the Town Engineer approved the location. Upon motion of Mr. Gay, seconded by Mr. Hoyt , it was voted to grant the petition and sign the order for the follow- ing pole removal and location: Lowell Street, approximately 2,620 feet northwest of Haskell Street. Application was received from the Secretary of the Cert. of Commonwealth for a Certificate of Incorporation filed by Inc. George D. Jackson, Jr. of 28 Reed Street, Lexington. Satisfactory character reference was received from the Chief of Police. Mr. Gay moved that the application be approved. Mr. Nickerson seconded the motion, and it was so voted. Notice was received from the Massachusetts Selectmen's Association relative to bills H-487 and H-1612 to make School school appropriations and expenditures subject to the same bills laws that apply to the appropriations and expenditures of other municipal departments. No action was taken. set. Lot Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was #7 deed voted to sign the deed, prepared by Town Counsel conveying Veteran Lot #7 Hill Street to Edmund Morelli. The Clerk informed the Board that Mrs . Harold Wheeler, representing the Lexington Red Cross Chapter, had requested Red Cross permission to erect a sign on Emery Park similar to the one sign used ;Etat year. Mr. Gay moved that the request be granted. Mr. Hoyt seconded the motion, and it was so voted. 551 Letter was received from the Appropriation Committing advising that a joint meeting of that Committee, the Selectmen, Chairman of the Board of Assessors, Chairman of the School Committee and Chairman of the Cemetery Commissioners will be held in the Selectmen's office on Monday evening, February 27th at 7:30 P. M. This meeting is held as required by Article 13, Section. 2 cif the General By-laws. The meeting adjourned at 10:33 P. M. A true record, Attest: . , S ectm