Loading...
HomeMy WebLinkAbout1951-11-26-min 57 SELECTMEN'S MEETING November 26, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday evening, November 26, 1951, at 7:00 P.M. Chairman Nickerson, Messrs. Beery, Gay, Driscoll and Hoyt were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present, Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of three jurors. The following individuals were Jurors drawn for jury duty; Walter Baird, Physicist, 14 Percy Road. J. Everett Cumming, Electrician, 20 Vaille Ave. Leonard J. Currie, Architect, 16 Moon Hill Road. Hearing was declared open upon the petition of the New England Telephone and Telegraph Company for permission to relocate a pole on the northeast side of Lowell Street. Mr. Long, representing the petitioner, Mr. Thomas Walsh and Mr. & Mrs. Thomas P. Cerulli were present at the hearing. Mr. Burns said that as far as the Town is concerned, the location meets with his approval. Mr. Long explained that some months ago his company petitioned for the removal of a pole so as to clear the driveway of some people who are building a new home. The Edison Company did not see fit to join the Telephone Company and it is now re stitioning the Town to set a pole (a new pole) at a different location than the one the company requested to remove. Mr. Walsh said that he has no objection to the pole being removed, but was concerned as to how close it will be relocated in re- spect to his driveway. He said that he thought the pole should be kept four or five feet back from his line. Mr. Cerulli said that he and Mr. Walsh had decided on the location, but Mr. Walsh claimed to have merely looked it over and said that no decision was made. Mr. Cerulli said that if the pole were located twenty feet from the present pole, it would be four or five feet from Mr. Walsh's driveway. Mr. Walsh said that if it is six feet from his line he will have no objections. 58 cc 0 The Chairman suggested that the abutters get together and agree on a location and Mr. Long stated that the Company would go along with whatever they decided. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the petition and the hearing was declared closed. The group retired at 7:12 P.M. Petitions were received for survey and cost of accepting Marlboro and Burns Road. Marlboro The Chairman asked if these two roads & Burns were a part of the overall acceptances in Road the Woodhaven section and Mr. Burns replied in the affirmative but explained that these petitions were sent in after the closing date. The Chairman asked if the Board wanted to consider the petitions with the 1952 budgets or call them late. No action was taken. Letter was received from Attorney John W. Blakeney with reference to contract dated October 28, 1948, between A.D. Daddario and the Town, identified as Contract B for const- Dadderio ruction of sewers. The letter stated that all sums to be paid by the Town under said contract must be made direct to the Continental Casualty Company. A copy of the letter was forwarded to Town Counsel. Letter was received from Mr. Converse Hill listing the policy writing agents, of which there are seven. He explained that Insurance the loss of commission, when spread over a five-year premium, is not very great in view of the coming increase in the schedule. The Chairman stated that this subject could be considered at some future meeting. Letter was received from EMmett Stegall, 825 W. May Street, DeLand, Florida, requesting information relative to the operation of a cleaning business in Lexington. Mr. Hoyt suggested, and the Board agreed, to refer the communication to the Chamber of Commerce. Mr. Stevens arrived at 7:30 P.M. The Chairman reviewed Mr. Bashian's re- quest, with reference to Old and New Wdod Street, made last week. 59 Mr. Stevens said that if it is a County way, the title is in the County and he doubts if there is any way the Town can give it away Mood Street and if it could it would have to be done with Bashian the County. He explained that the Town cannot give away an easement taken by the County. Mr. Nickerson explained that Mr. Bashian is also objecting to the way the drain that the State constructed reacts on his land. Mr. Stevens said that is a matter for Mr. Bashian to take up with the- State. Mr„ Gay brought up the subject of the dump on Lincoln Street and the Chairman was authorized to write the• Bedford Airport and Dump ask if they are planning, in the immediate future, to dump elsewhere because the situation in Lexington is becoming serious. Mr. Stevens mentioned the Burnham claim for damages on the relocation of East Street Claim for and said that he assumed he has the Board 's Damages approval to settle for $300. Mr. Lindstrom met with the Board and the Chairman asked if he had any suggestion as to how to prevent dumping on Lowell Street. Mr. Stevens said that if the owner of the land is letting it out for a dump, he is Lowell St, using it for something that is not permitted Dump in the Town Zoning By-law, and he thought the thing to do would be to try this case. He suggested that it be referred to Mr. Lindstrom for an investigation and that he obtain definite information that the people. using it are paying for that privilege. Mr. Stevens said that he would then help Mr. Lindstrom write a letter to the owner: Mr. Stevens and Mr. Lindstrom retired at 8:20 P.M. Letter was received from the School Committee requesting the Board 'to insert an article in the warrant for the 1952 March Article Meeting to see if the Town will vote to with- draw from the Superintendency Union now exist- ing between the Town of Lexington and the Town of Bedford. Letter was received from the Taxpayers' Association, addressed to the Chairman extending an invitation to attend a meeting on December Taxpayers 4th at which time a discussion will be held on the general impact of expanding activities at Bedford Airport on surrounding towns, 60 CO Cu C4 Mr. Hoyt suggested that the Chairman acknowledge the letter and say that the members of the Board may attend as private individuals. Tax Title Mr. Sheehan' s offer of $400 for Lots Property 252-258 Asbury Street was held over. Upon motion duly made and seconded, it was voted to grant the following licenses: Licenses Lex. Theatre, Inc. 1794 Mass. Ave., Sun. Movies Joseph Trani, Inc. 1757 Mass. Ave. Package Store Berman's Market, Inc. 12-14 Mass. Ave, Package Store Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to sign partial release of land from water betterment assessment, said Partial land being Lot # 7 at 176 Burlington Street, Release conveyed to William 0. and Dorothy E. Wiles, formerly owned by Jack H. and Helen I. Johnson. Original release was taken by Town Counsel an4 a copy is to be given to the Collector of Taxol. Upon motion of Mr. Every, seconded by Mr. Gay, it was voted to sign partial release Partial of land from water betterment assessment, said Release land being Lot # 6 at 172 Burlington Street, conveyed to Frederick J. and M. T. Georgean Hopwood, formerly owned by Jack H. and Helen I. Johnson. 0riginal to be mailed to Mr. Hopwood and a copy is to be given to the Collector of Taxes. Letter was received from the Board of Meagher Tax Assessors advising that they have completed Title Land their project of putting back into taxation 478 parcels of land in the Meagher Development now severed by the new Route 128. Letter was received from Mrs. Rich, Temporary Town Accountant, calling the Board' s attention to Warrant #142, payroll #7746, Town Clerk and Treasurer Personal Services. Mrs. Rich stated that she had Town Clerk talked with Mr. Dine and he advised that as Payroll long, as there are funds left in the approp- riation for a Senior Clerk, it is all right to put this overtime through on a regular payroll. According to Mrs. Rich, the last payroll which can be paid out of this account will be for the week ending December 13th, which will leave a balance of $16.00. Unless111 the transfer which now remains in abeyance is voted, there will not be enough money available 1141 for the remainder of the year. 61 Chief Rycroft's request for a full-time secretary was discussed and Mr. Driscoll Said that he is highly in favor of the request. Mr. Emery mentioned that the extra money for Personal Services was earmarked for more patrolmen and was voted by Town Meeting Members for that purpose. He said that if the Board votes to permit the Chief to hire a secretary it should at least consult the Appropriation Committee. Mr. Hoyt said that the Board could discuss it with them, but they do not have tool mash; to say because the money was voted for Personal Services. Mr. Driscoll said that he understood a Secretary secretary would release one patrolman now for Police doing some of this work. Department The Chairman said that he had not thought of the complexity mentioned by Mr. Emery. e said that when Town Meeting voted, the members thought t4ere would be five additional men, but there.: won't be. The Department will have two additional men, one released by the sec- retary, and two lady officers. He asked if Town Meeting voted the money for more men and protection or for the five-day week. Mr. Driscoll replied that he thought it was the five-day week that was voted upon. The Chairman said that if the Chief can affect a five-day week more economically, he did not think the Board would be criticized very much. Mr. Emery said that the five-day week cannot be put into effect at this time and the Chairman said that this is the first step toward it. Mr. Finery said that he does not claim it illegal, but he has doubt as to how the money can be used in this way. He said the Board would be spending money that was appropriated for a five-day week and that Will not go into effect for four or five months. The Chairman said that if the Board takes this first step he thought the Chief would make it effective February first, and Mr. Emery asked where the money would come from. When Mr. Stevens returned to the meeting later in the evening, the Chairman explained that Chief Rycroft had presented the Board with a program whereby he can effect a five-day week by the addition of two patrolmen, two temporary lady police and a secretary for himself, to re- lieve an officer who spends all his time in the office doing secretarial work. 62 C3 td He explained that the Chief wants to put the secretary to work right away so that he can pay her for Decethber and, therefore, for January, February and March. He said that if the Board accedes to his request, it will be approving his overall program, and asked Mr. Stevens where the money would come from. Mr. Stevens explained that it is based on the average of the last three months. The Chairman said that money was appropriated for five additional men from June first. Mr. Stevens agreed, but said that as yet the money has not been spent, and quoted the following from Section 13, Chapter 44 of the General Laws: "Town Officers authorized to make expenditures may incur liabilities in carrying on the several departments intrusted to them, and payments therefor shall be made from the Town Treasury from any available funds therein, and the same shall be charged against the next annual appropriation; provided, that the liabilities incurred during such interval for regular employees do not exceed in any month the average monthly expenditures of the last three months of the preceding year, and that the total liabilities incurred during said interval do not exceed in any one month the sums spent for similar purposes during any one month of the preceding year; and provided, further, that said officers may expend in any one month for any new officer or Board created by law an amount not exceeding one twelfth of the total estimated cost for said year." The Chairman said that would prevent the Chief from putting on a secretary. He said that the Board could tell him that it has approved his program and will approve the budget for 1952 but unfortunately the program cannot be put into effect now. Mr. Hoyt mentioned that the Chief could hire a girl to work in December. The Chairman said that once the Board advised the Chief that it is behind his program, it would be definitely commited. Mr. Emery brought up the subject of the Fire Department hours and also the Public Works Department and said that he would like to hear what the Appropriation Committee has to say on the matter. The Chairman reported to the Clerk (on Tuesday, November 27th) that Mr. Bateman, Chairman of the Appropriation Committee met with the Selectmen at 10:55 P.M. and reported that his Committee disapproved the Board's re- commendation of t104 increase across the Board and five-day week. L 63 Mr. Bateman did not explain it fully to his Committee and will have to present it to IIP them again. The Chairman further reported for the records, that the Board met on Saturday morning, November 24th, and was fairly well coincided on cutting down to a five-day week with present salaries plus $104 across the Board with some few adjustments. The Board felt firm enough to call in the School Com- mittee Chairman and the Appropriation Com- mittee Chairman_ to see what they thought of the proposal. Mrs. Morey said that she had no thought of a general raise and Mr. Bateman agreed to refer the matter to his Committee. At 9100 P.M. all members of the School Committee, Mr. Burns and Mr. Stevens met with the Board-. Mrs. Morey stated that her Committee has the problem of arranging for contract of the work in connection with the High School and the Building Committee supervises the building and payment of such. She said that her Com- mittee asked Mr. Burns for assistance, from the point of saving money for the Town in drawing up plans. They have his plans of drainage and roads. The whole land drains into Vine Brook and Vine Brook is Town property. A lengthy discussion was held relative to the drainage Sohool problem and Mrs. Morey informed the Board that Committee approximately $11,000 additional is needed and Drainage asked where it might come from. She said that there are funds for drainage and grading, but they feel this is definitely a problem of the Town and asked if they could use funds allocated for grading and drainage and if money is appropriated at Town Meeting for drainage have it transferred back into School appropriation. Mr. Stevens said that such proposed transfer of funds could not be done and said that if the work is to be done the only way to get the money back would be to have the matter explained at Town Meeting and have an additional appropriation. He said that they could not just have an appropriation for something that had been done and then transfer the money. Mrs. Morey said that she would like the reaction of the Board as to what the Town reaction would be if the School Committee goes into the March Meeting and asks for the money it did not receive. The Chairman said that the Board would be in a better position to answer the question two months from now when budgets have been studied. The School Committee retired at 9:45 P.M. 64 Q0 op The Chairman asked Mr. Stevens if, referring to land that has been: subdivided into 50 foot lots, the owner can automatically split the lots111 by taking a 50 foot lot and half of the next lot and make a 75 foot lot. Mr. Stevens replied that it is permissible under the Zoning By-law and explained that as long as an owner has a lot that can be built upon under the Zoning law he may add to it and still build. He can add to it by an adjoining lot or a portion of an adjoining lot. The meeting adjourned at 10:00 P.M. On Tuesday, November 27, 1951, the Chair- man informed the Clerk, that after she had left the meeting the Board voted to re-appoint Mr. Frank D. Walker as Town Accountant for a three year term expiring December 31, 1954. �Y e , lectl en I 1