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HomeMy WebLinkAbout1952-08-11-min 334 VZ tO SELECTMEN'S MEETING August 11, 1952 A regular meeting of the Board of Selectmen. was held in the Selectmen's Room on Monday evening, August 11, 1952, at 7:00 P. M. Chairman Nickerson, Messrs. Emery and Reed 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 for the location of conduits and manholes on Massachusetts Avenue from Clark to Grant Streets. Mr. Mahon, representing the Boston Edison Company, and Mr. Jasper Lane were present. Edison Mr. Mahon explained that this request was made Conduit to improve operating conditions in the northern Location portion of Lexington, and Mr. Burns approved the installation. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to approve the location as follows: Massachusetts Avenue, from Clark Street to Grant Street, a distance of approx- imately 1,390 feet. At 7 :05 P. M. heating was declared open upon the petition of the Boston Edison Company for the location of conduits and manholes on Waltham Street from Marrett Road to Forest Street. Mr. Mahon explained that this was another line being put in approximately the same location as Edison the present lines. Mr. Burns approved the in- Conduit stallation and Mr. Lane said he had no objection. Location Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to approve the location as follows: Waltham Street, from Marrett Road to Forest Street, a distance of approx- imately 3,860 feet. Mr. Mahon and Mr. Lane retired at 7:10 P. M. 335 Upon motion of Mr. Emery, seconded by Mr. Reed it was voted that items #Z, 6, 7, 8, 9, 15, 17, and 18 appearing on the agenda be re- ferred to the Chairman to bis answered. The action taken on these items is reported at the end of this record. Mr. Burn's presented a plan to the Board showing the land owned by Dennis Carroll and the easement crossing this land at the present time, Mr. Carroll is selling some of the land and at present is putting it through land conIt. In order to get room to build a house and straighten it out in land court, Mr. Carroll, through his attorney, Mr. Frank Burke, has asked the town for Dennis a release from the present easement and the es- Carroll tablishment of a new one. Mr. Burns said that there Easement is no question that the drain will have to be moved but he cannot do it right away. Mrs. Roby, a relative of Mr. Carroll, differs with him on this easement and without permission to go across her land mothing can be done at this time. Mr. Burns said that he had been working on it for some time but does not know when he can occupy it and cannot be forced to move in right now. He said the house had not been started and that it was all land court now. At 7:20 P. M. Mr. Frank Burke, Mr. Dennis Carroll and Mr. Lee Tarbox met with the Board. Mr. Burke presented the question of moving the easement and said that he had been held up tem- porarily until he could straighten this out. Mr. Burns showed the sketch he had made to Messrs. Burke and Tarbox which explained the present and proposed easement. He explained that it would go on the back land and on land owned by Mrs. Roby. Mrs. Roby does not approve of the idea which will make it rather difficult. Mr. Nickerson explained that the Board has no objection to the relocation on the back land but as far as the neighbor is concerned, that is a matter of policy. Mr.Burke said that he felt he understood the situation and that there was .a family dif- ficulty which would have to be taken care of. Mr. Burns explained that if Mrs. Roby agreed to this proposed plan he would want an easement from her. 336 Messrs. Burke Ca1roll and Tarbox retired ' at 7:30 P. M. Mr. Nickerson explained that the Board was in receipt of Mr. Johnson's request to sign a release from a water betterment assessment on Grove Street so that the Johnson's might receive their money from the State. He said that the Board was perfectly willing to go along with this idea but that the Selectmen thought there was some clarification needed in the over-all picture. He explained that in 1947 a betterment assessment was put on the land in the amount of $50 s At that time Mr. Johnson felt that 140 feet of it was not bettered and evidently the Board felt there was some Justification for this and they deferred the 140 feet. There- upon payments were made by the Johnsons on the balance of $361.00 over .a ten year period. Through some Mscarriage of information here in the Town Offices nothing was ever sent to the Johnsons re the $140.00 which was deferred. The only way it could be deferred at that time was with a 4% interest charge per annum and Mr. Johnson should have been billed for that 4% interest each year. Mr. Johnson said that he was under the impression he had paid the interest for a year or two but Mr. Stevens explained that the records did not show this and he thought Mr. Johnson was referring to the interest computed on the $361.00. He explained that the land was of no use to him and could not be built upon because of the brook running directly through the land. If he paid the interest yearly exentullly he would have paid the total amount of the betterment in interest. Mr. Emery asked if the brook goes right through the 140 feet and if the far end of the 140 feet from Johnson's house abuts Route 128 or other land owned by him. Mr. Johnson replied that there was a small triangular piece of land there which did not belong to him but which he was trying to purchase. He thought it be1Qnged to Baskin. He said it measured about 30 feet. Mr. Emery asked how much frontage there would be on grove Street and Mr. Johnson aaid it would be on Robinson Road, not Grove Street. Mr. Emery asked if that would still be adjacent to his property and Mr. Johnson replied in the affirmative. 337 W. Emery asked about the frontage and Mr. Johnson said there would be about 30 feet. Mr. Emery asked if that 30 feet plus the land on the other side of the brook would be enough to build on. Mr. Johnson replied that there wouldn'trbe much there, a few feet if any, and that furthermore, he did not want to build and felt very strongly about retaining the open land. The Chairman explained that similar situations are continually arising. Somebody comes in and aske for a deferment or abatement and their first statement is always that the land connot be built upon. Almost as soon as the deferment or abate- men4 has been granted it is found that somebody is_digging a foundation. Mr. Johnson said that it would not be possible to build on this as in the spring and fall there is a very large stream running through there and one would jave to build with water running under the house. The Chairman explained that the Board just wanted Mr. Johnson to be aware of the situation asfit is understood by them and assured him that the release would be signed. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to sign the partial r eleaae of water betterment assessment on property owned by Ruth C. Johnson on Grove Street. Mr. Jc4mson retired from the meeting at 7:45 P. M. The Chairman asked if under these circumstances it would be wise for the hoard to defer the better- ment on the 140 feet under the new Act without interest. Mr. Emery replied that if it is as Mr. Johnson says he thought it would be a case for an absolute abatement. The Chairman felt that when the Board voted four years ago to defer rather than to abate they must have had a sound reason for doing so. Mr. Stevens said that the minutes of the meeting at that time do not have the vote as passed and for that reason he thought there was a question as to whether or not it was meant to "abate" or "defer". Mr. Nickerson said that he would rather see it deferred. Mr. Stevens explained that it had never been entered on the books as deferred and, therefore, 338 tp there would be no interest to •bate at this time; the vote for defermeht pr der the new Act could be passed at this time. Upon motion of Mr. Emery, seconded by Mr. Reed, it was voted to extend the time for payment of water betterment assessment- of $140.00 without interest, 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 #acilities of the water main are used for said land or any part thereof. Mr. Nickerson read a copy of a letter which Mr. Lindstrom had sent to Mr. Stevens, Town Counsel, as a result of a petition received from residents living in the vicinity of 855 Massachusetts Avenue, Fitzgerald concerning the use of a barn for storage of automo- Zoning biles by William P. Fitzgerald which appears to be Violation in violation of the Zoning By-Laws. It was the opinion of the Board that this was a matter for Town Counsel acid that the letter was sent to the Board in order to keep them informed of the situation. A letter was read from the Emergency Housing Commission re the cede of H. Irving Currier vs the Town of Lexington stating that the Board had reversed the decision of the Board of Appeals of Emergency Lexington. Housing The Chairman explained that the Town Counsel Dbcision wished to spend some time on this and upon motion - Ourrier of Mr. Emery, seconded by Mr. Reed, it was voted to leave this with Town Counsel for further study. Mr. Emery requested that it be recorded that he had received complaints from neighbors in Garbage Somerset Road that the garbage was being collected Complaint too early in the morning and that the men were extremely noisy. A letter was received from the Board of Board of Retirement stating that Arthur Silva had been Retirement elected as the employee's representative on the Board of Retirement to fill the vacancy caused by the resignation of Alexis R. Shea. Selectmen's A notice was received from the Berkshire Assn. County Selectmen's Association to make reserv- ations for the annual meeting on September 18, 19 and 20. 339 A letter was read from Chief John W. Rycroft requesting the appointment of Special Police for the M. I. T. Lincoln Project on Wood Street. Upon motion of Mr. Reed, seconded by Mr. Emery it was voted to appoint the following as Special Police in the Town of Lexington for a term Appoint expiring March 31, 1953: Special Police George Richardson Ivers J. Rutherford Edward J. Boulden Edward T. Gallagher Carl H. Isaacson Bertram F. Jackson Francis L. Nowers Upon motion of Mr. Reed, seconded by Mr. Emery, it was voted to approve the following licenses: Licenses 'Lexington Amusement Co. Inc. Sunday movies Frederic R. Childs 2nd Class Agents License A letter was read from Joseph Dattilo, 101 Cliffe Avenue, offering $75 each for lots 63, 64 and 66 on Rawson Avenue. It was the opinion of the Board that Tax title they did not wish to dispose of these lots unless lot property 65 was included inasmuch as this was the lot that carried the betterments. Offer from George Noring for lots 534 and 535 Butler Avenue were held over until the next meeting. Tax title Mr. Nickerson agreed to contact Mr. Noring about property this purchase. Mr. Cunha's offer for Lot 4, Reed Street, was Tax title held over for the next meeting. property Upon motion of Mr. Reed, seconded by Mr. Emery, it was voted to grant the use of Estabrook Hall Use of on Tuesday, September 9, 1952, to the Lexington hall Field and arden Club from 7:30 to 10:00 P. M. Letter was read from Mrs. 1ohn. Roxburgh, re- questing that trees be placed on Wilson Road, In- asmuch as there are no funds available for this Shade year the Chairman was authorized to advise Mrs. Trees Roxburgh that her request would be considered in the 'budget for 1953. A letter was received from William Roger Greenley complaining about the smoke from the dump in the evening hours. The Chairman was authorized to write Mr. Greenley that samples of two trees in. front of Mr. Boyers house and a Mr. Whalen's house had L 340 OD been sent to the Mass. State College. Two of the trees are not infected but the one on the line of Shade Trees Mr. Boyer's house and the Hancock Church has Dutch Elm disease and will be removed at the earliest opportunity. Upon motion of Mrs Emery, seconded by Mr. Reed, Sign Deed it was voted to sign the deed conveying lots 158 to 162, inclusive, on Hayward Avenue, to George W. Breslin and Margaret A. Breslin A letter was received from Marian D. Lewis complaining about the situation existing on her Complaint property due to drainage work done by a contractor. The Chattman wrote a letter to Mrs. Lewis advising her that this would be taken care of as soon as possible. A letter was received from Stephen B. Smith Water 54 Lewis Avenue, Arlington, requesting water for Request a house he intends to build on Philemon Street. No action was taken by the Board but Mr. Burns is to report totthe Chairman on this item. A letter was received from the Board of Assessors re betterments extended under Chapter 159 of the Acts of 1950. A letter was written by the Chairman to Mr. Cronin, Klerk of the .Board of Assessors, advising him that it was the joint opinion of the Chairman Deferred and the Town Counsel that the Assessors ' Office would Assessments advise the Seledtmen whenever they find that land upon which a betterment has been assessed and deferred is being sold. The Board of Selectmen will then determine whether or not the betterment shall be demanded for the whole tract. A letter was received from the $tate Department of Public Works re work on the Kiln Brook. The Chattman wrote a letter advising the Department that we had not been able to make Kiln any headway with Mr. Kehoe of Portland, Maine, Brook in regard to obtaining an easement through his property, and that until such time as satisfactory arrangements could be made with him, we could not give the necessary easement to the tate. A letter was received from Metropolitan District Commission enclosing standard invoice covering the purchase of town sewer extending Purchase from the Arlington-Lexington line to a point of Sewer approximately 1,172 feet in Lexington and con- by M. D. C. strutted by the Town of Lexington in 1948. The Chairman was authorized to sign and return the invoice. 341 111 No action was taken on letter received from the State sousing Board re Veterans' Housing Act, Vet' s Chapter 550 of the Acts of 1952. Housing A letter was received from John J. Shaughnessy of Woburn requesting permission to move a dwelling house from 54 Bedford Street, Lexington, to Lot 79 Reed Street on or about August 18, 1952. A bond Permit for $1,000 was also enclosed The Chairman wrote a letter to Mr. Shaughnessy granting this permission subject to his contacting the Chief of Police and also the Park Department. The Board was in receipt of a letter from James J. Carroll, Town Treasurer, advising them Bond that the totil amount of interest received on the Interest purchase of $300,000. U. S. Treasury bonds was $7 ,988.64. A rather extended but informal discussion on Viano drainage, of which no record was made, followed Viano the regular meeting. Drainage ' the regular meeting adjourned at 8:15 P. M. A ting Clerk, cele'tmen 342 OPENING OF BIDS August 18, 1952 STREET AND DRAIN WORK CONTRACT NO. % Bids were opened in the Selectmen's Room, Town Office Building on Monday evening, August 18, 1952 at 5:00 P. M. for street and drain work, Contract No. 5. Mr. Emery, representing the Board of Selectmen, Mr. Burns, Supt of Public Works, Mr. Howard, of Whitman & Howard, Engineers, and six other individuals were present. The bids were opened by Mr. Burns and read by Mr. Howard. Contractor Certified Check Total Bid O'Malley & Delaney $1,000 $37,400.00 George Brox, Inc. 1,000 27,590.00 ' John P. Condon Corp. 1,000 32,710.00 (Cashier's check) James A. Susi 1,000 44,262.50 Allstate Construction, Inc. 1,000 34,790.00 B. F. Quimby & Son 1,000 35,385.00 H. H. Maguire & Co. Inc. 1,000 28,680.00 Mr. Burns explained to the bidders that the checks would be retained until tomorrow when all but those sub- mitted with the three low bids would be returned. The meeting adjourned at 5:14 P.M. A true record, Attest : Cle qelectMen.