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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.
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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/--