Loading...
HomeMy WebLinkAbout1951-12-17-min ` SELECTMEN'S MEETING tC December 17, 1951 A? A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday evening, December 17, 1951. Messrs. Emery, Gay and Hoyt were present. The Clerk was also present. Mr. Gay served as Chairman in the absence of Mr. Nick- erson. Hearing was declared open upon the appli- Appli- cation of the Lexington High School Building cation for Committee for permission to install two under- fuel tank ground tanks for the storage of 12,500 gallons of #5 fuel oil on premises of the new Senior High School located on Park Drive. The appli- cation was approved December 11, 1951, by Captain Bernard Belcastro, Lexington Fire Department. Mrs. Ruth Morey and Mr. Charles H. Norris were the only persons present in favor and no one appeared in opposition. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to approve the application and sign the license. Hearing was declared open upon petition of the New England Telephone and Telegraph Company and the Boston Edison Company for joint pole locations on Fern Street. No persons were present in favor or in opposition and approval was recommended by Mr. Burns,Town Engineer. Pole Emery,,pit wasivoted to.approvesthenpetd itionr. Locations and sign the order for the following pole locations. Fern Street - Between Moreland Avenue and Independence Road. Four poles. At a point approximately 513 feet east of Moreland Avenue, one pole. This petition is for a grant of identical location for an existing pole. The location for the pole covered by the orders listed be- low, in which the pole is not now installed, or if erected, has been removed without replace- ment, has been abandoned. Fern Street 7-8.46 Book 26, Page 4. Mr. Burns retired at 7:10 P.M. 1 81r Messrs. Daniel A. Lynch, Edward J. Connors and Thomas F. Connors met with the Board. Mr. Lynch said that he did not have much to say and that he spoke to the Chairman the end of the week and he told Mr. Lynch how he felt, how Mr. Driscoll felt and how he thought the other members of the Board felt. He said that he is content to "take his hair down" and have the Board do so and see where "we are heading in". He explained that Alan Adams also opposed a fourth Package Goods Store and did not hide the fact; however, he had an editorial in his paper which Mr. Lynch read. Mr. Lynch invited the Board to interrupt him at any time and mentioned the fact that the voters of Lexington voted for Package Stores, and voted to restrict the areas where Package Stores could be located. He explained that the A. B. C. was created by Legislature and given very, very broad powers. He said that those powers were no concern of his or the Board 's. He referred to the fact that both the Select- men's hearing and the A. B. C. hearing were publicized and the only persons in attendance were those in favor of the applications or those who attended from East Lexington to oppose one store; no one else was interested. Connors He said that at no time was there any expression Bros, of opinion about issuing a fourth license. The 1952 only person registering opposition was a Mr. License Gilman and he opposed all applications. He said that on one other than Gilman opposed Connors Bros. - that is no one but the Board of Selectmen. The Chairman said that the Board did not oppose Connors Bros. It opposed all of them. Mr. Lynch agreed that the Selectmen opposed all applications as did Mr. Gilman. He stated that the A. B. C. is a Board created by the Legislature as is the Board of Selectmen and no one questioned the powers of the A. B. C. before the hearings, at which everyone had an opportunity to be heard. He said that if anyone questioned the powers of the A. B. C. that would have been the time to do so. He said that it was apparent to the Board that Connors ' was the only case prepared intelligently. He said they expected, after the hearing, they would get the license. Up to that point they had no expectations whatso- ever. He said the Commission granted the license and not one single other applicant ob- jected to the decision of the A. B. C. He said that not one attorney opposed and if it were not a fair decision, there would have been complaints. L yA. �1 co Mr. Lynch said that he regretted to see Lexington tied in with some of the other towns in the press, and he thought the Selectmen were misquoted and misrepresented in the press. He said that Lexington's case is in no way comparable to the other cities and towns. Mr. Lynch discussed the subject at length and informed the Board that if the 1952 Package Goods Store is not granted by the Selectmen, the entire procedure will have to be gone through again. Mr. Hoyt said that there is no quarrel with the A. B. C. , but it is the Board 's feel- ing as to what is or what is not needed in this town. Mr. Lynch said that the A. B. C. has ordered the Selectmen to issue a license and that Connors are in business and have a valid, legal binding license to be in this business; they are present on application for renewal and Mr. Lynch said that he felt it should be renewed routinely as the other applications are. He said that he does not know how any other case was conducted before the A. B. C. but this particular case was handled as he Connors would have handled any Other case. He said Bros. that no money was passed to anyone by anyone. 1952 He explained that when his job was done he License sent a bill the same as he would send a bill to the Town for doing a job. They paid him by a check and out of the check he made the disbursements on the case and no other money was passed to anyone at any other time. Mr. Stevens arrived at the meeting at 7:35 P.M. and Mr. Driscoll arrived shortly after. Mr. Lynch said that he hoped it would not be necessary for him to go back to the A. B. C. and if he did, there is no assurance that they will grant the license. He requested the Board to handle the renewal as a routine matter and explained that it is entirely within the law. He said that if the Board does not grant the renewal, the case will have to be tried all over again which will be an ex- pense to Connors Brothers. The present license is good only until December 31st and Connors are in business . He said that he would not like to see them out of business for a period of time during which the A. B. C. hearing is advertised, held and a decision made. 111 Messrs. Lynch and Connors retired at 8:50 P.M. •___ C..._._ ____ 89 Later in the evening Mr. Stevens informed the Board that Mr. Lynch was correct and that it the Board did not grant a license, Connors Brothers would have to go all through the pro- ceedings again. He further stated that other applicants could apply because there would be a license available. The Chairman asked if the Board wanted to discuss the application or hold it over. Mr. Driscoll said he thought the appli- cation should be considered this evening and Mr. Emery agreed. Mr. Driscoll made a motion that Connors Brothers application for renewal of a Package Goods Store license be granted. Mr. Hoyt said that he was not ready to vote for it in that way. He said that because of Mr. Lynch' s explanation this evening and Mr. Stevens ' confirmation he does., however, feel differently about it. He stated that he still feels that, in principal, he does not want to vote for this license, but because of possible hardship to the applicants, he would vote under protest. Mr. Emery said that he felt the same and thinks the principal the five members of the Connors Board has established and endorsed has not Bros. changed. However, he does not want to make 1952 an undue hardship on anyone. He said that if License this motion could be worded in such a way as to embody that the Board renews the license under protest and all the members go along he would vote for it. Mr. Hoyt said that he still has not changed his position taken when the Board refused to grant the fourth license and he still does not believe there is a necessity for a fourth package store, but as long as the app- licant has the license and is in business there would be a hardship created if the Board does not renew the license. The Chairman said that he would go along and Mr. Emery said that he would like to have Mr. Nickerson vote the same way. Mr. Gay telephoned to Mr. Nickerson and explained the situation to him, that Messrs. Emery, Hoyt, and Gay will sign the license under protest because they do not want to create a hardship. Mr. Gay reported that Mr. Nickerson was willing to have the vote written that the license is being signed under protest because of the possibility of creating an un- due hardship. 90 OD Upon motion duly made and seconded, it was voted to grant a license., under protest, to Thomas F. Connors and Edward J. Connors, d.b.a. Connors Brothers, 1700 Massachusetts Avenue, for a Package Goods Store to sell all alcoholic beverages; said license being granted under protest because the Board is still of the opinion that a fourth Package Goods Store Lic- ense is not necessary and also because of the possibility of creating an undue hardship on Connors Brothers. Mr. Stevens reported informally on the East Street claims and said that he cannot give the final figure yet on Bailey. He said that all the claims can be settled within the $3,000 appropriation with the exception of the Bailey claim which will be either $650 or $700. He said that starting from Adams Street down to East Street, there was a claim for Wilson which is being settled for $50. On East St. the right side, also Wilson and someone else, Claim the amount taken has never been determined, and they have agreed to $100. Baskin made no claim on his greenhouse. His last proposition was that he will take $500 plus the conveyance to him of a 20 foot strip adjacent to his pro- perty on Adams Street. This will come out of the land acquired for the Fiske School. He explained that this will have to be approved by the Selectmen, School Committee, Appropriation Committee and then by vote of the own Meeting. Morrow's claim is $1,500; Kelley, $100 and Ulendorf, $300. He said that these cases were supposed to be tried today if they were not settled and they have all been ,settled with the exception of Baskin which will have to go to Town Meeting, and Bailey. Mr. Stevens informed the Board that Brad- ford' s bill in equity was drawn and he will file it. He also reported that the Scurto case comes up again tomorrow. Mr. Burns returned to the meeting at 8:00 P.M. Mr. Stevens referred to the easements on Williams Williams Road and said that he had talked to Road both Mr. Burns and Mr. Nickerson on the subject. Easement Mr. Burns wants to start in the land with the drainage trench and Baskin is willing to sign an agreement giving the Town an easement. 91 Mr. Emery referred to the Stevens gravel pit and asked if there was anything that the Town could do even if the case were lost in Court. He said that he was concerned because with the freezing weather, children skate on the pond which is f1Fteen feet deep. He asked Stevens if there is. any way to make an individual abate Sand a nuisance on his property and Mr. Stevens re- Pit plied that there is a civil liability for an attractive nuisance. Mr. Emery wanted to know if the Town would be held morally negligable if a child were drowned and Mr. Stevens agreed to dis- cuss the matter with Mr. Nickerson. Letter was received from the Board of Assessors with reference to Biagio Cacciola's water betterment assessment. The Commonwealth paid damages including $52.50 which was the Caccicola amount due for 1950, but through oversight Betterment failed to pay the balance for 1951 through 1959 Assessment amounting to $472.50. It appears that the bal- ance is uncollectable, according to advice of Mr. Abel in the recent State Audit, and he suggested that the Assessors present it to the Board for abatement. Mr. Stevens requested the Clerk to for- ward him a copy of the Assessors letter. Mr. Stevens retired at 8:20 Y.M. Messrs. Ralph Havey and Robert P. Hewitt met with the Board, at their own request, to discuss application for a Second Class Agent's license. (Satisfactory character references were received on both applicants from the Chief of Police. ) Mr. Hewitt said that the maximum number of cars would be fifteen or twenty as there Havey & isn't room for more. He explained that the Hewitt location is next to the Village Variety Store 2nd Class at 93 Massachusetts Avenue, and if necessary Agents he can store the cars at the garage in the License rear. Mr. Hoyt asked the purpose of coming to Lexington and Mr. Havey said that he worked in Arlington all his life and worked for some time for Mr. Ready who has the business at 3 Bow Street and he knows many people in Lexington. He explained that only forty or fifty feet of the lot will be used and it will be a full-time operation. Mr. Hewitt, however, is connected with the Ford people in Boston and does not intend to sever his connection. 92 za W Mr. Gay asked if the- cars would be out nights and Mr. Havey explained that the normal procedure on used car lots is to leave them out nights. The Chairman said that the Board would consider the application and advise the applicants of the Board's decision. Messrs. Havey and Hewitt retired at 8:30 P.M. Decision on the application was held over. Mr. Burns and a Mr. Harvey met with the Board. Mr. Harvey explained that he had re- quested an appoihtment to point out how the means of access to his house has been inter- fered with by the construction of new Paul Revere Road, and said that he hoped the Board would restore the access to the condition it was before construction. He presented a plan, which he said was a tracing of the County's plan of the road, and pointed out on the plan the driveway which he Harvey prefers. He said that Mr. Burns feels that Complaint ledge may be encountered and therefore, did re Paul not want to make any commitment. However, Mr. Revere Rd. Harvey said that he still would like to have the grades changed. Mr. Burns explained that he had some grades taken in the driveway and he could not see much to be gained by a change in grades. Mr. Burns said that because of the amount of money involved and the possible danger to the house by blasting he did not want to take the responsibility of making any decision. The Chairman suggested, and Mr. Havey agreed, that the Board study the problem and said that Mr. Burns would get in touch with Mr. Havey. Mr. Havey retired at 8:45 P.M. Mr. Driscoll asked if any of Mr. Havey's land were taken and Mr. Burns replied that there never was any established street line. It was agreed that Mr. Burns would discus® the subject further with Mr. Harvey in an effort to work out a solution and then refer it to Town Counsel for his comments. Letter was received from the U. S. Army Corps of Engineers requesting the Town authorize the construction contractor, J. F. Fitzgerald Corp. to connect the 8" water line serving Wing "B" of the Air Defense Laboratory to the exist- ing 8" main in Wood Street. 93 Mr. Burns explained that he had requested the Engineers to submit the letter before he made the connection. Mr. Burns referred to Mrs. Mary V. Chiesa's sewer betterment assessment on Adams Street and said that in March the Board advised her that when the assessment was made the Board would consider\ef erring the payment on that portion of her land which is not being used. He said that she has now received her bill in the amount of $1,120.79. He took the total frontage and allowed 25 feet, amounting to $295, from her total assessment which means she will pay $295 now, leaving a balance of $825.79 to be deterred without interest. Chiesa Upon motion of Mr. Emery, seconded by Sewer Mr. Driscoll, the following vote was passed : Betterment Under the provisions of Chapter Assessment 159 of the Acts of 1950, to ex- tend the time for payment of sewer betterment assessment of $825.79, without interest, levied against property of Mary V. Chiesa, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the fac- ilities of the water main are used for said land or any part thereof. Mr. Burns referred to the sewer in Fair Oaks Drive and explained that Mrs. Reuben Preston, 18 Fair Oaks Drive, believes she should receive $148., the cost of constructing her driveway, for permitting the Town the right Preston to go through her property. Easement Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to obtain an easement from Mrs. Preston in payment of $148., it being definitely understood that the construction of a driveway is her res- ponsibility. Mr. Burns retired at 9:15 P.M. The Chairman read a letter from the East Lexington Men' s Club calling the Board' s attention to the following: 94 0 1. Lack of adequate warning to automobile operators that fire apparatus is about to enter Massachusetts Avenue from the East Lexington Fire Station. 2. Hazardous street crossing for pedestrians crossing Massachusetts Avenue in the Traffic at vicinity of Curve Street during the East Lex. early morning and late afternoon heavy Fire traffic periods. Station The Club voted to request the following: 1. Provide a light on Massachusetts Avenue to warn drivers. 2. Station a police officer at this location or provide a traffic light to stop automobile traffic at reason- able intervals. The Chairman said that this location has been discussed for several years but nothing has been done and suggested the installation of a flashing light at the Fire Station similar to the one at the Central Fire Station. Mr. Emery explained that such a light has been planned for. Mr. Hoyt suggested creating a 20 mile zone from Marrett Road to Pleasant Street. It was agreed to request the Chief of Police to present any comments or recommendations he may have relative to the establishment of the 20 mile speed zone. Mr. Gay brought up the subject of cars parking on both sides of Pollen Road during church services at the Sacred Heart Church and said that because of the congestion he Parking would like to have parking on one side only. Saored Mr. Driscoll said that the Chief has had Heart more experience in such matters and suggested Church that he be consulted. Mr. Emery suggested, and the Board agreed that the Chief be asked for any constructive suggestions that he may have. Upon motion of Mr. Hoyt, seconded by Mr. Cert. of Driscoll, it was voted to sign a certificate Incorp. of incorporation for Rev. Harold T. Handley, et al; corporation to be known as the Lexing- ton Counseling Service, Inc. 95 Letter was received from Ralph F. Johnson, 16 Emerald Street, Lexington, offering to pur- chase Lot 477 Balfour Street for 00. Tax Title The Board looked at the lot on a plan from Property the Engineer's office and preferred to sell Lots 476 and 477. However, before making any decision it was agreed that the Board should view the Lots. Further consi-deration wasiven to Mrs. Catherine R. Cuming's offer of 050 for Lot 251 Wood Street. As a result of the advertisement in the December 13, 1951, issue of the Lex- ington Minute-Man two other offers were received. Tax Title Mr. Robert C. Johnson, 60 Wood Street, Property offered $125 and Mr. Henry Garten, former owner, offered $50. The Clerk was instructed to find out the amount of back taxes and bring the information to the next Board meeting, together with a plan. Letter was received from Harold Conant about pollution of Vine Brook from the dump on Lincoln Street. The Clerk was instructed to give a copy Complaint of the letter to Mr. Burns and ask if the statements in Mr. Conant' s letter are true and if so, the Board is to check with Town Counsel. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to approve the following licenses: George R. Reed & Son 1721 Mass. Ave. Com. Viet. Mrs. Sidney B. Heywood 150 Lowell St. " " Licenses Mary A. Rowland 271 Marrett Rd. " " Village Variety 93 Mass. Ave. " Charlotte T. Colby 73 Waltham St. Innkeeper Bradford Motor Co. 34 Bedford St. 1st. Class Agent Morris Motors 400 Waltham St. " Hardy's Garage 915 Waltham St. " Lex. Theatre, Inc. 1794 Mass. Ave. Sunday Movies The following prices were received for voting booths: Benjamin J. Pickering - $875 for 50 booths, standard size, made of wood. Voting Custance Bros. - $637 for 49 booths, to match Booths existing booths. W. E. Kelsey 4 Sons - 2-stall collapsible voting booth, complete with storage case @ $47 each. 96 tt A OD This information is for the 1952 Elections Departments Budget. The meeting adjourned at 10:20 P.M. A true record, Attest: e , lectmen At a Special meeting of the Board of Selectmen held on Saturday, December 8, 1951, attended by all members, it was voted to advise Mr. Harold E. Roeder, Chairman of the Board of Fire Commissioners to include an item in his 1952 budget to cover the cost of installing tappers in his house and to provide the nec- essary wiring to install tappers in Mr. Fitz- geralds house on Richard Road if and when it is constructed.