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HomeMy WebLinkAbout1950-01-09-min 514 SELECTMEN'S MVTEETING January 9, 1950. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, January .9, 1950 at 7 :00 P. M. Chairman Emery, Messrs. Gay,- Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe, Superintendent of Public Works, met with the Board. Mr, DeFoe reported on the proposed hydrant markers and the Chairman explained that in discussing this subject Hydrant with Mr. DeFoe, he was willing to charge the expense to markers Snow Removal for 1950. The problem of placing the markers was considered at length as well as to what account the expense should be charged. The Chairman asked if the Board desired to have one half of the cost, for purcl}asing markers only, charged to the Snow Removal Account and the balance to be charged to the Fire Department budget. Mr. Nickerson suggested, and the Board agreed, that the markers be purchased, posted during the summer, the work to be done entirely by the Fire Department because theoretically it would be done at no cost and that the markers be charged to the Snow Removal Account. Mr. DeFoe requested the Board to obtain bonding money for sewer construction - sundry streets, and ex- plained that there is 4190,000 to be bonded from last year. The Chairman inquired as to how much money was Sewer being spent and Mr. DeFoe stated that it is a proximately bonds $2,000 per week. The Chairman informed Mr. DeFoe that the Town Treasurer would be meeting with the Board later on in the evening and the subject would be considered further at that time. He said that it is just a question as to whether the full amount id borrowed or only a portion of the authorized amount. Mr. DeFoe stated that he has received a request from Mr. Glover for the installation of a sewer lateral at Request 46 Burlington Street. In checking with the Health Sani- for sewertarian Mr. DeFoe was advised that Mr. Glover is having in Burling-trouble with his septic tank. ton St. The Chairman reminded the Board that last summer the sewer was extended in Burlington Street to service the Powell property and this lateral will necessitate an extension of another 800 feet, and to reach the house it will be necessary to make a very deep cut. He explained that there is no unencumbered money and the 190,000 borrowing which the Town authorized ismarally allocated to Fair Oaks and Farmcreat. He said that it appears to 515 him that the only thing to do is include this item in the 1950 budget. It was agreed that Mr. DeFoe would advise Mr. Glover that available funds have been committed and to see if some alternative can be worked out. Mr. Harold Stevens, the Town Counsel, arrived at the meeting at 7 :15 P. M. The Chairman read a letter from Katherine T. Leary advising that she does not intend to sign the easement Leary with reference to her property at 45 Waltham Street. The claim Chairman referred the claim to Town Counsel and Mr. Stevens took all the correspondence. The Chairman stated that the East Lexington Fire E. Lex. Fire Station Building Committee is considering requesting Station bids. He asked Mr. Stevens to give the Board an opinion as to whether or not there is any legal reason why bids should not be requested. Mr. Stevens reported on the Nichols' Oak Street better- ment assessment and stated that Mr. Nichols believes that Nichols ' Mr. West, who purchased the property, should pay. agreement The Chairman explained that the agreement the Town had was with Mr. Nichols . Mr. Stevens informed the Board that as soon as Mr. Nichols sold the property, the obligation to pay arose and that he would report further on this next week. Mr. Stevens said that he would like to approach the Shoppers Haven problem from a non-legal point of view. Sunday He said that he would look into the matter further but Sales wanted to call the Board' s attention to similar instances. Complaint Mr. Stevens reported that he had spent some time with Mr. Cromwell, Chairman of the Planning Board. Mr. Cromwell wanted him to tell h:Lm that he would go over the draft of the Zoning By-law for the Annual Town Meet- ing. Mr. Stev, ns told him that it was a very long job as apparently a good portion of the By-law has been rewritten. He said that he could not do an honest job within the limited time . The Planning Board is most anxious to present the By-laws at the coming Town Meet- ing, one reason beim, the proposed development of the Wheeler estate on Lowell Street . Mr. Stevens told Mr. Town Cromwell that in some instances a consultant is called Counsel - in. Zoning The Chairman explained that the Board discussed Laws this subject rather generally and it is the Board' s opinion that this is something which must be done with utmost care. The Board also ret that Mr. Stevens would have considerable work to do between now and Town Meet- ing and that Mr. Lynch would be very much occupied with his own personal work and eighty-one easements for the Town. He stated that the Board felt very definitely Mr. 516 ' 1-11 Stevens would not have the time to give to the Zoning By-law. He said that if the Planning Board wants this for Town Meeting, special counsel will have to be obtained and then there is a question as whether or not there is ample time. The Chairman asked Mr. Stevens if, leaving the time element out, this is something he though he should or should not do as TownCounsel ounsel within his retaining fee. Mr. Stevens replied that, based upon his understand- ing with the Board, it would have to be done within his retaining fee. The Chairman asked, if the Planning Board ceased t9 force the issue, would Mr. Stevens take it an as he could get to it and he replied in the affirmative. The Chairman stated that the Planning Board is an eleeted group over whom the Selectmen have no authority, but that they have no power under the By-laws to retain counsel. Mr. Stevens and Mr. DeFoe retired at -8:10 P. M. ; Mr. Stevens to meet with the Planning Board. Mr. Gardner Ferguson and approximately twenty-eight other individuals met with the bard relative to the development of Kinneen Park. Mr. Ferguson presented the Chairman with a signed petition requesting the Board to consider the development of a portion of Kinneen Park as a play area and the improvement Of the Kinneen Park skating area. It was also requested that the Board in- sert an article in the warrant for the March meeting re- questing an appropriation for this purpose. Mr. Ferguson said, among other things, that the area to the left of the pend where they want the play area is about 100' x 1801 . Ile stated that the group wants the Board to make provisions for this project in the 1950 budget and have the funds earmarked for this purchase.If the Selectmen are not willing to do so, the petitioners will insert and article themselves. The Chairman explained that Mr. Gustin, Chairman of the Recreation Committee met with the Selectmen last Saturday morning on Budgets but the Selectmen did not go into detail. As he recalled it the cost to cut back the hill, do some drainage work, clean out the mud and level the area was $9,000. The total Recreation budget for 1950 was $67,000. The Chairman called the groups attention to the fact that the town is growing very rapidly and the needs for the taxpayers' dollars are many. He said that he did not think the Board would recommend ,p67,000 for capital outlay for the Recreation Committee this year. He asked if the group would be willing to leave it that before the Selectmen make a final decision on what they will recommend they call the group or its representatives back aEain as to what conclusion the Board makes. He said that if they were not willing, the only safe thing to do was to submit an article and re- minded the group that the warrant closes January 21st. Mr. Ferguson said that they want favorable action or an article in the warrant. 517 The Chairman explained that this is an time which should appear in the Recreation Committee' s budget and that is where it does arpear. Mr. Jaquith said that he thought49,000 would be Kinneen excessive and that the amount could be cut in half to Pond give the 'petitioners what they want. Mrs. Packard said that she is in favor of having something done in the Kinneen Pond area, but she regretted the method with which the group apparently went to work and drew plans without first consulting the Recreation Committee and are now in a postion of wanting to insert an article in the warrant when it belongs in the Re- creation Committee budget. She said that as for the project, she thought she would like it, but as a citizen of Lexington she wondered if this has been thought through carefully enough. After further discussion, the group retired at 8:45 P. M. Mr. Nickerson asked if this subject should be referred to Mr. Gustin and the Chairman said that he felt something would have to be done in this area this year and that possibly $3,000 would make quite an im- pression. Mr. Hoyt said that if he thought an expenditure of $3,000 or• 44,000 could be part of an overall program and not just thrown away he would be willing to go along with it. Mr. Driscoll was inclined to feel that the Selectmen may be getting into something which should be handled by the Recreation Committee and suggested that it be referred to Mr. Gustin. The Chairman agreed to contact Mr. Gustin and Mr. Burns and find out what the minimum cost would be to commence this project. lvir. Carroll, Town Ulerk and 'Treasurer, met with—the Board to discuss personal services budget for 1950. The Chairman explained that the Selectmen, in going over the budgets, did not know whether Mr. Carroll was Town Clerk requesting three clerks for his department or whether- one budget was to be a replacement. Mr. Carroll informed the Board that he intends to have three full-time clerks. The Chairman asked if the salaries of three clerks had been figured for a complete calendar year and Mr. Carroll replied in the affirmative. He stated that a new clerk started to work today at i30 per week and one girl started last April at 430 per week. H9( explained that he put in a full time figure for the cler who is no* in the hospital because she is supposed to be able to return within a year and has been in the hospital now since last April. Mr. Carroll retired at 7 :50 P M. 518 h000l Mr. Anthony Zarella, 15 West Court Terrace, Arlington, met with the Board, at the 3oardts request, relative to his application for veteran lot #1, Hill Street. Vet. The Chairman asked if Mr. Zarella knew the condition Lot under which veterans lots arr required and he replied in the affirmative. He informed the Board that he has his plans all drawn. The Chairman said that the Board would consider the application and advice Mr. Zarrella of the decision. He retired at 8:50 P. M. Mr. Harold Lombard, Chairman of the Board of Public Welfare, and Mr. James Collins, Welfare Agent, met with the Board. A general discussion was held with reference to the various welfare budgets and Messrs. Collins and Lombard retired at 0 :30 P. M. Letter was received from the Massachusetts Selectmen's Town Association advising that a hearing will be held on January Clerk 12 before the Committee on Public Service with reference tenure to the proposed Town Clerk' s tenure bills. bill Upon motion by Mr. Nickerson, aeconded by Mr. Gay, it was unanimously voted that the Board of Selectmen of Lex- ington be recorded as opposed to any such legislation. The Chairman read a letter from Philip P. Spencer, 440 Waltham Street, stating that he would like to pur- Tax chase a parcel of tax title property on Valley Road Title for which he will pay the sewer betterment assessment amounting to 970. The Chairman suggested, and the Board agreed, that the unofficial Committee on Tax Title Property be f?equested to submit a recommendation. Letter was recdived from Mr. James J. Carroll, Town Precinct Clerk, advising that he has been eledted Chairman of the Commmitte Committ.,e appointed to review the boundaries of the voting precincts. Letter was received from Mr. James J. Carroll, advising Long that Leon W. Bateman has been appointed to serve as a member Range of the Long Range Planning Committee to fill the vacancy Planning caused by the resignation of Mr. Harold E. Stevens. Committee Application was received from the 4-H group requesting permission to conduct a meeting in a Conference Room, Cary Hall on January 23rd. Mr. Gay moved that the request be approved and the use of the room be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. L. 519 Petition, plan and copies of an order was received from the Boston Edison Company for the following joint pole location: Marrett Road, approximately 125 feet northwest ✓ of Spring Street. One pole. One existing JO' pole to be removed. The Clerk informed the Board that Mr. Burns, Town Pole Engineer, had no objection to the proposed location, but Location inasmuch as it is on a State highway felt that he had no authority to approve or disapprove. A` Mr. Gay moved that the petition be approved and the order signed. Mr. Nickerson seconded the motion, and it was so voted. The Chairman agreed to discuss this further with the Town Engineer. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to approve Frederick N. Vianots Sunday Movies License. The Clerk informed the Board that Chief Rycroft re- commended the appointment of Nathaniel P. Thompson as a Special Police Officer. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to appoint Nathaniel P. Thompson a Special Police Officer in the Town of Lexington for a term ex- piring March 31, 1950. At 10:10 P. M. the following membdrs of the Planning Board met with the Selectmen., Chairman Richard P. Cromwell, Messrs. Adams, Johnson, Potter and Ripley. Mr. Cromwell stated that the proposed development of the Wheeler Estate on Lowell Street will be coming up very soon and the Planning Board would like very much to submit Zoning the revised Zoning By-law to the Town Meeting in March. He By-law said that the Planning Board has been working on the By-law for a long time, but has not had the benefit of any legal assistance, and they must have legal aid before it goes into effect. He said that his Board felt it could be submitted in March if the legal work is completed by the middle of February. He said he understood that Mr. Stevens will confer with Mr. Lynch next Saturday to determine how much work is involved. That means another week's' time is lost. He said that the Planning Board would like to know if there is any possible means by which the Selectmen could obtain funds to employ counsel inasmuch as the Planning Board has no legal authority to do so. Thb Chairman explained that the Selectmen have no power to make a firm contract with a lawyer but if the Planning Board is in effect recommending and asking that the Selectmen obtain legal counsel, they could approach a lawyer and explain the problem to him. It would have to be explained to him that no promise can be made as to money but that the Selectmen 520 CL would recommend that an appropriation be made at the Town Meeting in March. Mr. Potter suggested that it might be better to let Mr,. Stevens handle the Bylaw and give special counsel some _ of the other problems.. He explained his suggestion by stating that the By-law is complicated and will be discussed on Town Meeting floor and should be explained by whoever prepares it. The Chairman said that he did not know how the members of the Board felt but he would not be in favor of having special counsel appointed now inasmuch as he thought Mr. Stevens should assume the town work now as it is. li A lengthy discussed was held as to whether or not it is feasible and possible to submit the new Zoning By-law to the Annual Town Meeting in March and also the II' proposed development of the Wheeler estate. Mr. Nickerson suggested that the Selectmen find out from Mr. Lynch if he would be willing to quote a price to do the By-law. The Chairman asked if the Planning Board was re- questing the Selectmen to make arrangements with an attorney for the preparation of the Zoning By-law, to be completed not later than the middle of February to be submitted to the Annual Town Meeting and Mr. Cromwell replied in the The Planning Board retired at 10 :40` P. M. Mr. Driscoll, having an appointment with Mr. Lynch for tomorrow, agreed to discuss this problem and arrange to have d Mr. Lynch telephone the Chairman. Mr. Nickerson suggested that the Board authorize the Chairman to make the necessary arrangements With Mr. Lynch up to an amount of $1,000. Mr. Hoyt said that as far as he is concerned the Chairman could make any reasonable arrangement with Mr. Lynch that is necessary. The meeting adjourned at 11:00 P. M. I