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HomeMy WebLinkAbout1951-03-20-min 405 SELECTMEN'S MEETING March 20, 1951 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office $wilding on Tuesday, March 20, 1951 at 7:30 P.M. The change in date was due to the fact that the Annual Town Meeting was held on Monday, March 19th. Chairman Nickerson, Messrs . Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt. of Public Works, Mr. Stevens, Town Counsel and the Clerk were also present. Mr. Stevens reported on the settlement of the Kourian cases and explained that the settlement re- quired a vote postponing the time for paying the water betterment assessment on Kourian's land on the west- erly side of Grove Street. He said that Mr. Kourian Kourian owns property on both sides of Grove q'treet and his Water house is located on the easterly side. On the west- Assessment erly side is undeveloped land. Mr. Kourian requested an abatement which was denied and he filed a petition in the Superior Court which is now pending. He also had some land taken for the widening of Grove Street and claimed damages by Jury. This is also pending. Mr. Stevens reported that he agreed with Mr. Kou'r ian's attorney to settle all the cases on the basis of obtaining from the County Commissioners a license to allow the pump houseto encroach on the easement and secondly by postponing, under Chapter 159, the time for payment of the water betterment assessment until the land is built upon, etc. Mr. Stevens informed the Board that it seems like a very desirable settlement. He said that the water betterment has been apportioned and Kourian has paid $208 to date which covers the 1949 and 1950 installments. This has been applied against a lot with 140 foot frontage which he sold to a relative. The betterment on that lot is paid in full, leaving $68 which was deducted from $900 remaining, which leaves $832 still due. By vote of the Board this can be deferred without interest until such time as the land is built upon, sold or use is made of the ti,atermain. Mr. Stevens also drafted a letter .to Mr. Kourian which is to be signed by the Chairman. Upon motion of Mr. Gay seconded by Mr. Hoyt, it was voted That pursuant to the authority granted by Chapter 159 of the Acts of 1950, the time for payment of the unpaid balance of $832 of the betterment of $1040 assessed in 1948 upon land of Everett Kourian situated on the westerly side of Grove Street, which assessment was made in connection with the laying of a water main in CO 406 said Grove Street, is hereby extended, without C interest, until suoh of said land as is now owned oy said Everett Xourian, being a frontage of about 900 feet on Grove Street, or any part thereof, is built - -upon or sodl or until the expiration of three years from the date hereof, whichever event first occurs; provided, however, that this extension of time shall terminate immediately if the facilities of said water main are used for said land now owned by said Kourian or any part thereof. The Clerk was instructed to forward an original and two copies of the letter, together with an original and two copies of the vote, to Mr. Stevens. Mr. Stevens advised the Board that he caa find absolutely no authority anywhere for the Si.ate Depart- ment of Public Health or the local Board of Health to require the Town to build any sewer. Th Oonly power in this comes from a Statute in 1935 which authorizes Legal opinion the State Department of Public Health, through the Courts, re sewers to compel the town taking measures to prevent pollution of streams. He said that there is absolutely no way that the State or local Board of Health can require a Town to build a sewer anywhere. The Board of Health has the power to have the owner take care of it if there is a danger to the public health. The board of Health siva has the power to force the occupants to vacate and close the house if it is deemed to be a danger to the public health. Mr. Burns said thrt some of the cesspools in the Sunnyfield area empty into a brook which is a conttibu- tory to the Shawaheen River. Mr. Emery asked if it were possible for the Town, under the drainage vote, to install drains in unaccepted streets without bringing up the six-year liability and Mr. Stevens replied that he would like to check on this. He said, however, that if the Town runs a drain across the street hewould not consider it as repairs to the street. If the Town drains the street itself, he thought it would be considered repairs, but if the street is used just as an avenue through which the pipe is laid, he did not think it would be considered as repairs. Mr. Joseph Sweeney met with the Board at his own request, relative to sewer installation in Robbins Road. Robbins Rd. He said that last year he was told that there was not sewer request much of a chance of having; the sewer extended. He stated that he has broken ground and hopes that the sewer may go through. Mr. Burns told the Board that he had explained to Mr. Sweeney that he would have a better chance, in adking for the sewer, if there was another;,house at least started. I 4r7 Mr. Sweeney said that he hopes to move into his house in June, and the only other alternative he has is to use a septic tank. He went over to see Mr. Jenkins, but he could not see his way to petition for the sewer . He is now using a septic tank which is satisfactory. The Chairman explained that all the Board can say is that consideration will be given the matter. He suggested that Mr. Sweeney call Mr. Burns within a week or so. Mr. Sweeney retired at 8:30 P.M. Messrs. Stevens and Burns retired at 8:55 P.M. The Chairman read a letter from Mary V. Chiesa, 42 Adams Street, requesting deferment of the sewer betterment assessment to be levied against her prop- erty. The Clerk was instructed to give a copy of the letter to Mr. burns. Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegrahph Company for joint pole locations on Walnut Street. The pro- posed locations were checked and approved by the Town Pole Engineer. Location Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the petition and sign the order, for the following pole location: Walnut Street, northeasterly from the Lexington- Waltham Line, three (3 ) poles. The Chairman read a letter from Walter V. Mackie, on behalf of Boy Scout Troop 45, requesting permission to conduct a paper drive in the Franklin School area Paper some time between now and the close of school, the date Wive to be determined by the Board. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant permission for a paper drive to be held on Sunday, May 20th. Surety bond F-10l163, issued on behalf of G. Mil- dred Thompson, as Collector of Taxes, in the amount of 470,100 was received. Tax Upon motion of Mr. Gay , seconded by Mr. Emery, it Collector was voted to approve the bond . Further consideration was given to Mr. James Harris- on's offer of 475 each for Lot 22 Hillcrest and Lot 20 Rangeway, Section 3, Park Heights. 4106Pzi The Committee on tax title recommended $300 for Lot 22 Hillcrest and $125 for Lot 20 Rangeway, plus Tax title $74 for the 1949 water betterment assessment, leaving property a balance of $189.72 to be abated . Upon motion of Mr. tnery, seconded by Mr. Driscoll, it was voted to entertain an offer of $500 for both lots+. Use of hall The i'hairman read a letter from Kenneth V. Cassidy, Chairman of the V.F. W. 19th of April Committee, requesting a change in the date of the use of Cary Hall from April 19th to April 18th for the organization's Annual Ball. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted that the change in dates for the use of Cary Hall be approved. Application was received from Richard F. Jackson for Uses of hallsthe use of Estabrook Hall on the evenings of March 27th and April 13th for 4-H Club Programs. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant both uses free of charge. Upon motion of Mr. G y, seconded by Mr. Driscoll, it was voted to renew the following licenses: Frederic B. Hubley 4 Stetson Street Auctioneer Dorothy Day, Inc. 1780 Mass. Avenue Sunday Sales Geo. R. Reed &"' Son 1721 Mass . Avenue " Lexington Theatre 1794 Mass. Avenue Sunday Movies Tho Board was informed by Mr. Hoyt that Leon Garfield, vice-president of the Middlesex & Boston Railway had of- ficially closed the garage on Bedford Street as of March 9, 1951. , The Clerk was instructed to write the Company and ask for a verification. Annual appointments were held over for the next meeting. The meeting adjourned at 9:25 p.m. A true record, Attest= 1 / � i e l L..