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HomeMy WebLinkAbout1951-01-08-min 326 an uez SELECTMEN'S MEETING January 8, 1951 I A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 8th at 7 :pp P .M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. At 7:00 P.M. hearing was declared open upon the petition of the Boston Edison Company and the New Eng- land Telephone and Telegraph Comapny for a joint pole Pole location on Maple Street. No persons were 'resent Location in favor or in opposition. Upon motion of Mr. Nickerson, seconded by Mr. Dris- coll, it was voted to approve the following pole loca- tion and sign the order: Maple Street, southwesterly from a point approx- imately 105 feet southwest of Lowell Street, three (3 ) les. 1n Mr. Burns said that a question came into his mind relative to water rates established in 1945 and he wanted to make sure that it is the intention of this Board and every other Board that the rates are Lo be figured as written up at that time. He read the schedule and ex- Water plained that in some instances the minimum rate at the Rates end of the year is less than at the beginning of the year. The Chairman asked if he thought a change should be made now regardless of what he thought was meant or- iginally and Mr. Burns replied that as far as the rate goes the Town will not lose money but he merely wanted to know what the concensus is. The Chairman asked if he wanted to make any recom- mendation or just call the matte- to the Board 's atten- tion and Mr. Burns replied that he thought in fairness to everyone the minimum charge should be $3 per quarter per year. he said that he does not think a 10,000 gallon user is large enough to come under a twenty cent rate. Mr. Nickerson said that he thought the water rates in Lexington are high enough. The Chairman asked if the homeowners would be pay- ing more if the schedule were changed and Mr. Burns re- plied in the affirmative. I 327 It was the unanimour opinion of the Board, af- ter discussing the subject, that the water users are now paying an ample rate. 1VTr. Burns presented sketches of the properties located on Grant Street owned by Messrs. Busa, Carl- Grant son and Cavanaugh, and the Board discussed the street Street betterment assessments levied against each. Without Assessment waiving its legal rights in the matter, the Board voted as follows : Angelo Busa (1) To reduce the assessment from $2213 .78 to $1675 divided as follows: $800 on lot 107 875 on lot 108 (2) if Mr. Busa so requests in writ- ing, to defer the assessment of $800 on lot 107 without interest as provided by Chapter 159 of the Acts of 1950. (3 ) If Mr. Busa_ wishes to have lot 108 sub-divided into two lots, conforming to the Town Zoning By- law the Board will divide the ass- essment of ; 875 against lot 108 as follows : $475 on the lot which his home is situated on and $400 on the other lot created out of the or- iginal lot 108 (4) If, after such subdivision, Mr. Busa so requests in writing, the Board will defer the $400 on the newly created unbuilt-upon lot without interest as provided by Chapter 159 of the tots of 1950. Thomas Cavanaugh (I) To reduce the assessment of $800; $400 each for the lot upon which his homeis situated and $400 on the new lot which he h, d surveyed and approved by the Boerd of Appeals as a buildable lot. (2) If he so requests in writing, to defer the $400 assessment on the newly created lot without interest 328 as provided by Chapter 159 of the Acts of 1950. Johannes T. Carlson (1) To reduce the assessment to $1,025 divided as follows : $550 on the lot on which his home situated and $475 on the 100 foot lot adjoining it southeasterly. (2) If he so requests in writing to defer without interest the assess- ment on the latter lot of $75, as provided by Chapter 159 of the Acts of 1950. Mr. Harold E. Stevens, Town Counsel, and Mr. William Potter, Chairman of the Cmeetery Commissioners, arrived at the meeting at 7:30 P.M. 4 Mr. Potter reported that the laborers in the Ceme- tery Department have joined the newly formed Union and he understands the organization intends to place the W. Potter question of Civil Service on the ballot in March. He re Union mentioned the possibility of amending the Town By-laws (Cem. Dep' t. ) in an effort to discourage such action by the Union Mr. Potter left the meeting and the Board discussed the subject informally with the Town Counsel. It was the Board ' s decision not to take any action in the matter. Mr. Stevens referred to a bill received from Dr. Leo A . Brett for professional services rendered to Officer James Lima in 1949. The bill is made out to Officer Lima but inasmuch as the doctor has been un- able to collect he forwarded it to the Town. Mr. Officer Stevens said that the Statute has been changed many Lima' s times but it is mandatory for the Town to pay. He Bill said that he had conferred with the Chief of Police who informed him that the Town hes never paid any bills for expenses incurred by Officers in the performance of their duty. Mr. Stevens explained that the Statute applies to police officers, firemen, call and volunteer men, However, the bill presented was not made out to the Town but directly to the Officer and Mr. Stevens was of the opinion that the Town could not pay the doctor but would have to pay the Officer. Upon advice of Counsel it was agreed to inform Dr. Brett that the Board is of the opinion that the Town has no legal obligation insofar as payment of Mr. Lima ' s bill is concerned. 329 Mr. Stevens informed the Board that he cannot find any provision in the Traffic Rules and Regula- tions prohibiting a motorist from parking in a bus and Regulation. stop. He suggested that the Board meet with the Chief of Police end amend the entire regulations. However, the Chairman felt that the Chief of Police should be the one to make the revisions . Mr. Stevens said that Mr. Lindstrom informed him that Bradford Motors have made no indication that they Bldg. intend to remove the building on Bedford Street, con- Violation strutted without a permit and which does not conform Bradford to the Building By-law. It was agreed that Mr. Stevens Motors should advise Bradford Motors in writing that unless the violation is taken care of immediately, legal ac- tion will be taken. Mr. Lindstrom, Building Inspector, met with the Board at 8:25 P.M. He reported that he had been over Shoppers ' to see Mr. Kraff and presented a sketch showing how Haven Sunday Mr. Kraff intenas to divide his store on Marrett toad. Sales Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to grant Louis Kraff, d.b.a. Shop- pers ' Haven, a Sunday Srles License after the gate has been installed according to Mr . Lindstrom's in- structions. Messrs. Stevens and Lindstrom retired at 9:35 P.M. Messrs. Roeder, Adams, Fawcett, Cook, Hynes and Fitzgerald met with the Board. P discussion of the 1951 budgets was held and the group retired at 9:35 P.M. Mr. John J. Garrity, Supt. of Parks and Play- grounds, met with the Board. The Chairman inquired as to the condition of the elm trees on property owned by the Pollen Church. Mr. Garrity explained that the Trees trees are not infected with Dutch Elm disease but have the zoolitis bottle and, in his opinion, are hazardous to the children attending the Adams School. The Chairman said that he would be in favor of removing the trees, providing a legitimate reason can be given. Mr. Nickerson reported that he has seen the con- dition of the trees and fLlt them to be a menace to the children. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was vcted to authorize Mr. Garrity to do whatever work he believes is necessary to elim- inate any possible hazard to the childre2. 330 an Mrs. Anne H. Evans, 5 Preston Road, and three other persons met with the Board. She explained that she had a petition to have Preston Road fin- Hearing re ished. Preston Rd. The Chairman asked if she meant that they wanted the Town to lay it out and have it accepted under the betterment act with assessmentslevied against the property owners and she replied in the affirmative. The Chairman explained that when an estimate of cost has oeen prepared the property owners will then be asked to sign betterment assessment sheets. He said that he did not know whether or not the En- F.ineer had a layout of the street or just how much work would have to be done, but he did not think it could be ready for the Annual Meeting in March. Mrs . Evans asked if they would lose out if it were not acted upon in March and the Chairman re- plied in the negative explaining, however , that it cannot be done without a Town Meeting vote. He said that usually a Town Meeting is held in the Fall and he thought there would be one this year. He explained that after a survey has been made, plans prepared and costs estimated, there would be a public hearing after which acceptance would be voted upon by the Town. One individual, who failed to give his name, inquired as to whether or not the Town would fill in the holes and the Chairman explained th< t the Town has no right to enter private property but tht the abutters could hire a contractor themselves. The group retired at 9:55 P.M. At the request of the Chairman, Mr Gay con- ducted the meeting for the remainder of the even- ing. Application was received from the Boston Ed- ison Company for permission to relocEte two poles Pole location on North Hancock St. The proposed locations were approved by Mr. Burns. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to approve the petition and sign the order s follows : North Hancock Street, westerly from a point approximately 290 feet west of Braemore Ter- race, two ,,oles--two existing poles to be re- moved. Letter was received from R. E. Cook, 5 Ledgelawn Avenue, requesting an adjustment of the street bet- terment as-sessment in the amount of $496.67 . Decis- ion was held over until the next meeting. 331 ,ak Another letter was received from Paul K. Pal- mer with reference to street betterment assessment levied against his property on Liberty Avenue. The ralmer Board, at a previous meeting, had voted to reduce Assessment the betterment from $527.65 to $427 .65, hut Mr. Pal- mer felt that the reduction was not enough. The Board felt that no further reduction was justified. Letter wps received from Harold Conant request- Conant sewer ing the extension of sewer main in Lincoln Street request to service seven houses . The Clerk was instructed to give the Superin- tendent of Public Works a copy of the letter . Upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted to grant the following uses of halls : Lex. Health Council Cary Hall Jan. 18 Free Uses of Halls Simon W. Robinson Lodge " " Mar. 31 $35 Lex. V. F. W. to " Apr. 19 Free Lex. School Dept. If " May 11 $35 Upon motion of Mr. Driscoll, seconded by Mr. Licenses Hoyt, it was voted to grant the following licenses : II Daniel P. Curtin 442 Marrett Rd. Common Viet . renewal L.J. Foss 1734 Mass. Ave. It IIItHattie keckham 37 Hancock St . n " u Hardyts Garage 915 Waltham St. 1st Class Agent " Morris Bloomberg 446 Waltham St. " II " If Mawhinney Motor Corp. 581 Marrett Rd. " It II H Colonial Garahe, Inc. 1668 Mass. Ave. II " II If Johnson rontiac Co. 7 Mass . Ave. ft It II It F.K. Johnson, Inc. 39 Bedford St. " H IT It William DeFelice 80 Westview St. Peddler " Anthony Ferrara 299 Marrett Rd. " " Lexington Theetre 1794 Mass . Ave. Sunday Movies James Razzano Arl.Lngton Junk Collector new Mdsx. & Boston St. Ry. Oak Street Bus Route (hourly service ) l.t was decided to meet Saturday morning at 9:30 A.M. for the puppose of discussing budgets . the next regular meeting of the Board of Selectmen will be held on Monday, January 15th at 7 :00 Y.M. A true record, Attest: .2,,,Ai;e1_,,e.4417/--