HomeMy WebLinkAbout1953-09-28-min 93
SFLEC TMEN'S MEETING
September 28, 1953
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, Septmeber 28, 1953 at 7:00 P.M. Chair-
man Reed, Messrs. Nickerson, Gay, Driscoll and Bateman
were present. Mr. Burns, Supt. of Public Works, and
the Clerk were also present.
Mr. James J. Carroll, Town Clerk, met with the Jurors
Board for the drawing of two jurores . Mr. John F.
Riley, 43 Downing Road and Mr. Royal W. Gilson, 19
Parker Street, were drawn for duty November 2, 1953.
Mr. Carroll retired at 7 :05 P.M.'
Letter was received from Mr. C. Raymond Reed,
44 Fair Oaks Drive, requesting abatement of the water
betterment assessment levied against Lot D, Outlook
Drive,,
Mr. Burns explained that this particular lot can Water
never be built upon due to the fact that it is too assessment
small to conform to the present zoning regulations of abated
a thirty foot setback and a fifteen C t_ aid•line. He
said that there is no betterment on this lot derived
from the installation of the water main.
Upon, motion of Mr. Nickerson, seconded by Mr. Gay,
it was voted to abate in full the assessment in the sum
of $244.28 assessed against Lot D, Outlook Drive owned
by C. Raymond. and Gretchen A. Reed.
Statement was received from the Commonwealth of
Massachusetts showing all expenditures made for or on Chapter 90
account of the work covered by Memorandum of Agreement
between the Department of Public Works, Commonwealth
of Massachusetts and the Town of Lexington, dated
June 30, 1953, #14365.
Mr. Burns explained that the statement as presented
is correct.
Upon motion of Mr. Gay, seconded by Mr. Nickerson,
it was voted to certify that the statement of expendi-
tures is an accurate statement of Chapter 90 maintenance.
Letter from the Atlantic Refining Company in re Atlantic
water and sewer installations was held over from the Refining
last meeting of the Board. water &
Mr. Burns reported that he has not received the sewer req.
plan, on the size of the lot, back from the registry
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and will have to request one. He will have further in-
formation for the Board next week.
Petition was received from residents of Bertwell
Bertwell Road requesting acceptance of the road from Williams
Road Road to Simonds Road.
Mr. Burns was instructed to prepare the neces-
sary estimated assessment sheets for signatures of the
abutters.
Petition was received from the Boston Edison Com-
pany and the New England.Telephone and Telegraph Com-
Pole pany for removal and placement of one pole on Burlington
location Street.
Mr. Burns explained that the pole as now located
is in the middle of the street and he recommended grant-
ing the request.
Upon motion of Mr. Gay, seconded by Mr. Bateman,
it was voted to approve the petition and sign the order
for the following pole location:
Burlington Street, approximately 20
feet north of Redcoat Lane, One pole,,
(One existing JO pole to be removed)
The Chairman read a letter from Mr. Carroll, Town
Claim Treasurbr, with reference to a statement of claim by
Robert W. Balani.
The Chairman reproted that he had checked this with
Mr. Burns and it is a Planning- Board matter.
Mr. Burns retired at 7:35 P. M.
Mr. Stevens; Town 'Counsel, and Mr. John J.• Garrity,
Suptt. of Parks and Playgrounds, met with the Board.
The Chairman explained that the Selectmen had in-
vited Mr. Garrity in this evening because they had heard
rumors about his retirement.
Garrity Mr. Garrity said that the Board received the news
1 retirement a little sooner than he would have given it. The Cem-
etery Commissioners had a meeting the second Monday of
the month and he told them that he had made application
to retire November 1st. He explained that his reason
for informing the Commissioners is that they meet only
once a month and that would be his last meeting with them.
The Chairman said that even though he has not been
on the Board very long he would be sorry to see Mr. Garrity
leave the employment of the Town.
Mr. Garrity said that he has not had a secretary
for almost a year and a half and he has been trying to
keep up with the work, but found that he just cannot do
it.
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The Chairman said that the Board has someone in
mind to take his place, but would like to know if Mr.
Garrity had anyone in mind. Ile asked if he thought
there should be one man for both the cemeteries and
parks or one man for each.
Mr. Garrity replied that he feels Charles Brenton
could handle the parks and trees but the cemeteries would
be away from him. It is too much of a job for him. He
said that he knows Mr. Brenton has not much interest in
the cemeteries at all. He said that it requires at
least three trips up there a day and if there is anything
doing, such as making new lots, it will take more time.
He said very definitely it is too much to ask one man to
take on both jobs. He said that Mr. Brenton knows the
park and the only thing wrong is that he tries to do too
much. He is liable to overloo4 something that the tree
department is doing while he is working on the parks and
not take care of the supervisory part of it. He stated
that Mr. Brenton would have to be told that his job is
supervisory and not that of a workman. He said that
whatever help Mr. Brenton wanted he would give him. Mr.
Garrity said that he would go along with the Cemetery
Department for awhile in an advisory capacity, but it
would be difficult to find a man to take over cemeteries,
parks and trees; they have much in common but are still
III far apart.
Mr. Nickerson said that Mr. Garrity advised him
that Mrs. Garrity had lived in their present home for a
great many years and would like to continue.
The Chairman said he thought the Board would be
willing to go along the way it has been and asked what
was kept in the barn.
Mr. Garrity replied that the car and a few little
things are kept there. He said that they have always
looked out for the interest of the town while living
there and would continue to do so.
Mr. Nickerson asked if he would follow through on
Dutch elm disease and he replied in the affirmative. He
stated that he would give Mr. Burns a list of what he
thinks should be dohs next year.
Mr. Garrity suggested making Mr. BrentOn and Mr.
Weisinger foremen rather than have a Superintendent of
Parks. He said that these two men get along well to-
gether and by having two foremen, one of these would
be available at all times.
Mr. Garrity retired at 7 :55 P. M.
Mr. Nickerson said that he thought the Board
should accept Mr. Garrity's statement and tell Mr. Burns
he should make a point of having secretarial assistance
for Mr. Garrity in preparing his recommendations in de-
r tail. He also suggested that the Chairman ask Mr. Burns
what he plans to recommend in regard to reorganization
of the Department.
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Before Mr. Garrity left the meeting the Chairman
referred to Mr. Irving T. Howard's letter requesting re-
moval of two large elm trees from his yard at 12 Cutler
Farm Road.
Req. to Mr. Garrity said that the trees are so badly de-
remove trees cayed that no one can tell whether or not they have Dutch
elm disease and he would not say they have. He felt that
it is the owner's responsibility to have them taken down.
He informed the Board that there is nothing that will g o
from these trees to other elm trees.
At 8 :30 P. M. Dr. and Mrs. Murray R. Winston, 75
Winston Outlook Drive, met with the Board relative to water
water betterment assessment levied against their property in
assessment the amount of $337.50.
Dr. Winston said that there is just a question of
the betterment assessment, that he spoke to the engineer,
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and has enjoyed their water rights. However, he could
not understand what a betterment assessment- is for.
The Chairman explained that he was assessed for
water installation. There are 225 feet beyond the house
and the assessment is on that portion.
Dr. Winston said that the barn also has water and
the Chairman stated that it is not going in from the
street.
. Dr. Winston agreed and said that there is one water
meter reading for the whole property, but that the in-
stallation does not better his property.
The Chairman said that the parcel could be sold and
two houses erected on it.
Dr. Winston said it would ruin his property to sell
it and the Chairman stated that it could be subdivided.
The Chairman explained that if the doctor did not
have water in the street and -a main installed by his
house he would have been assessed for 395 feet. As it
is, the owner was assessed for only 268 feet. He said
that the assessment is based on $1.50 per foot and if
the doctor did not have any water at all and it was put
in he would have had to pay for the total frontage.
Dr. Winston said that the Board was going on the
supposition that he would take down the garage and build
a house, but that would ruin his property.
The Chairman said that he could sell the property
and someone else might build.
Mr. Nickerson explained that once a betterment
assessment is abated, it is abated forever and cannot be
put back by increasing the assessment. He stated that
the assessment must be made within six months after the
completion of the work.
Dr. Winston said that this has been done without
any consultation with the owners and the Chairman ex-
plained
that when a water main is installed and goes by
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a person's house, an assessment is made and the person
has to pay.
The Chairman said that the land had been bettered,
and Mrs. Winston asked if he meant the garage end, and
he replied in the affirmative.
The Chairman asked if people were living in the
garage and Dr. Winston replied that there is one family
there and the water is run from the main house over to
the garage.
Mr. Stevens explained that the betterment is based
on the fact that the value of the land is increased.
He said there is a greater value because of the fact
that the water is there. Dr. Winston, as owner of the
property, has the right to divide the land in conform-
ance with the zoning requirements, and has land that
could be a building lot. He said that because water has
been put in ,the street he would get a better price for
the land and therefore the value of the land has been
increased. He said that Dr. Winston may not want to
divide the land but if he sold it, the next owner might
cut it up into house lots and there is no question but
that he could do it and therefore the land is bettered.
Dr. Winston said that the matter was up to the
Selectmen and whatever they thought was right he would
abide by.
The Chairman asked if he were requesting an abate-
ment and he replied in the affirmative. The Chairman
said that the Board would arrive at a decision this
evening.
Dr. and Mrs. Winston retired at 8:55 P. M.
Upon motion of Mr. Nickerson, seconded by Mr. Gay,
it was voted to deny Dr. Winston's request for abate-
, ment of the water betterment assessment levied against
his property at 75 Outlook Drive, in the amount of
$337.50.
Messrs. Stevens and Burns retired at 9 :00 P. M.
Officer James Burdick met with the Board, at his
own request. Officer
He stated that he was meeting with the Board with Burdick re
his own interest in mind and also the Town of Lexington, Sergeant
and said that there was a sergeant's examination held
and a list established, September 28, 1951. The list
runs for two years and as of tonight it will run out.
He said that he took the examination in good faith and
hopes that possibly there will be some sergeants made.
He said that when he came into the department there were
17 men and 3 sergeants, in 1928. Now there are 27 men,
plus 6 women and a clerk and only 2 sergeants.
He said that he was here tonight to coney that
possibly the sergeant's list should be extended for six
months in hope that in March there might be a ..ittle
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change in the trend, possibly for his benefit. He said
that hellos been told it cost the Town of Lexington
$800 to have the examination prepared. He said that
with himself and another man on the list it would seem
to the town' s benefit, and not theirs only, to extend
the list for six months . He said this being the 28th,
is very short notice and possibly the Board could take
action on it very soon.
The Chairman said that the Board did not have in
mind making any more sergeants, and whether or not it
will come up in March is something else. He stated
that the Board has not -considered this and the Chief
has not recommended anything in this regard. He said
that some of this is new to him and insofar as extend-
ing the time, he would have -to take that up with the
Board before expressing an opinion.
Officer Burdick said that he went to the State
House and was told that the list can be extended for a
period of six months and then for six more months. He
said that there are many nights when no ranking officer
is working. This is one of those nights. He said that
there is no one on various shifts with rank or a stripe
this shift, and sometimes it occurs in the late half.
Mr. Gay asked if an extension of time could be re-
quested if the Board did not anticipate making another
sergeant and Officer Burdick replied that he did not know.
The Chairman said that the Board would not ask for
an extension of time if it did not anticipate making a
sergeant.
Officer Burdick said that he talked with the Chief
and he stated that he does not see anything in the cards
at the present time, but one does not know what is in
the cards.
The Chairman said that the Board would discuss the
matter and Officer Burdick said that a decision would
have to be made tonight and the request would have to be
dated or postmarked this date.
Officer Burdick retired at 9 :10 P. M.
Mr. Driscoll said that he would not act on this with-
out first discussing it with the Chief, and the other mem-
bers of the Board concurred.
The Chairman said that he would contact the Chief
on his return from vacation and report back to the Boazd.
The Chairman read a letter from Mrs. Robert E. Lank,
on behalf of the Painters' Guild of the Lexington Arts
and Crafts Society, requesting permission to hold the
Permit annual outdoor exhibition of paintings on the Buckman
:_Tavern grounds, October 18th from 2:00 P. M. until 5:00
P. M.
Upon motion of Mr. Gay, seconded by Mr. Driscoll,
it was voted to grant this request.
f)
Application for Common Victualler license was re-
ceived from William Revis, 317 Woburn Street. Satis- License
factory reference was received from the Chief of Police.
Upon motion of Mr. Gay, seconded by Mr. Bateman,
it was voted to grant the license.
Application was received from Connell Albertine,
on behalf of the Veterans' Memorial Committee, request- Uses of
ing the use of the Selectmen's Room on Thursday, October halls
8th, at 8 :00 P. M.
Upon motion of Mr. Gay, seconded by Mr. Bateman,
it was voted to grant the use of the roam,
Upon motion of Mr. Gay, seconded by Mr. Nickerson,
it was voted to sign the Sewer Order for construction Sewer
of sewer in Blake Road from Preston Road southerly Order
distant approximately 435 feet. (Copy on file 1953
Selectmen's Records - Sewer Orders )
At 9 :30 P. M. the following members of the School
Committee, Appropriation Committee, Recreation Committee,
and Long Range Planning Committee : Messrs. Wadsworth,
Fisher, Cromwell, Mrs. 'Morey, Mr. Smith, Messrs . Foley, Little
Person, Potter llen, Crerie, Garrity, James, Donnelly, League
Ferguson, Cave, Madden, Read, Clark, Jaquith and Brown,
A discussion relative to proposed Little League
Field on Maple Street was held more or less as follows :
Chairman: Last Monday night we met with the Appropriation
Committee and were somewhat confused on the
subject and felt it might be well to hold a
joint meeting. We went to get this Little
League settled once and for all. It is of
vital importance to all of these groups. We
want to go into Town Meeting agreeing some-
what rather than have a battle between the com-
mittees. We have been meeting individually with
each Board, but thought if we had everyone here
tonight some understanding might be reached. I
would like Dr. Foley to explain to the group
what he intends to ask for definitely at this
Town Meeting and why.
Foley: We are going to ask for $10,000; $4,000 will
be for the purchase of the land and $6900 will
be f or the rough grading of the land, which is
approximately 6.3 acres, That is what we in-
tend to ask. The land will be purchased at
the rate of $500 per acre. The $4,000 figure
is high. The Committee feels we would rather
ask for a little more money and turn it back
if the purchase does not come that high. The
$6900 is Mr. Burns' figure and we will stand
or fall on that.
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Chairman: Is that bringing in additional fill?
Foley: That is right.
Chairman: $5400 if you grade what is already there?
Foley: That is right. We feel it would be better to
do the whole thing rather than come in next
Spring and ask for more fill; to come in next
Spring and ask for the fill over and above the
subgrade.
Chairman: What will be the total cost of the Little
League field?
Foley: Finished, $20,725 as estimated at the moment.
Donnelly: $21,225.
Foley: This includes purchase of the land, grading,
subgrading Little League field will come to
over and above $6,225 for the cost of the
field; $1700 for water service; $900 for
benches; $500 for fencing the back end of
Chapman's land.
Chairman: I will ask the Appropriation. Committee how
they feel and what they have decided.
James ; We have not decided.
Chairman: I thought we were all going to meet together
tonight and not individually. This Board will
recommend the purchase of the land and the
rough grading and that is all as far as I
know, we will recommend at any time. We
feel that the purchase of the land and rough
grading is the town' s and from there some or-
ganization can take over. We feel that the
playground area at the new school will be
enough play area, and this will be entirely
Little League. We think that the playground
area on Maple Street, School Street and the
Fiske School will take care of enough children
in the areas and provide baseball diamonds.
This land will be for Little League only.
Foley : I don't think the Recreation Committee will
go along because we do not feel there are
enough ball fields in town. At the present
there has been no definite understanding be-
tween the Recreation and School Committees
as to how any ball fields surrounding the
schools will be used. If we can reach an
agreement on that we will probably go along
with it but until such an agreement can be
reached, to the benefit of the Town, I don't
think we can go along.
Chairman: I understand that the School Committee has
not had any contact about the Little League
on Maple Street.
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Foley: That is true. Asking for money to develop
this can't very well change the situation for
1954. The situation willremain as it did in
1953.
Chairman: I felt there should be more co-operation be-
tween the two committees and the Recreation
Committee should have let the School Committee
know what they were planning to do this year.
Foley: The Recreation Committee would like to know
what the School Committee is doing on some of
our recreation facilities.
Chairman : I want to get this settled. If you plan to
use the Little League field next year at Parker
Field, I think the School Committee should be
told about it. I feel the School Committee
should also let you know about their plans on
the Fiske School, etc.
Foley: We were more or less waiting on the Town Meet-
ing to get our plans jelled. I will take the
blame for it if there is any blame to be taken.
Perhaps I should have notified them. It would
not affect the status for 1954. It seemed ob-
vious last Spring that we would have the Little
League with us again this year.
Morey: I think the Recreation Committee was aware of
the fact that this school area would not be
available for Little League. I told them it
would be developed when the school was added
to. I told Dr. Foley that any school play-
ground area should not have a portion exclud-
ing our children while school is in session.
School playgrounds are available during the
summer for recreational programs. I think the
halls, gymnasiums and whatnot will be requested
to be put _at the disposal of the Recreation Com-
mittee some time in the near future. We have
the Fiske School which is used generally, and
the High School gymnasium which is in constant
use and now I suppose the new High School gym-
nasium will be used. We understood that the
Little League was to be used for one year. The
first we knew about the field was when we saw
a fence and the diamond.
Chairman: Has the Appropriation Committee anything to say?
James : We have not discussed it yet.
Chairman: The other night, I thought it was through Frank
Walker who sent the notices, it was more or less
on your behalf that we called this meeting.
James : We did not understani it that way.
Chairman: Has any member of the Capital Expenditures Com-
, mittee anything to say?
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Jaquith: We have not discussed the Little League Field
in East Lexington. Last year we recommended
the appropriation for Little League. One
thing that disturbs me is the extent that the
field might be used for recreational facilities.
The suggestion that it be used for Little League
field may be desirable. Over the years the
Capital Expenditure Committee has recommended
that the Recreation Committee try to develop a
long-range program. So far we have not had any
such program and get these recreational faci-
lities bit by bit. I thinkif the Recreation
Committee could develop something along the
line of what the Capital Expenditure is sup-
posed to be doing, it would be very helpful
if something could be done on a long-range
program And not have piece meal development.
James : If the field is used only for Little League it
will, not be necessary to purchase seven acres
of land nor to grade seven acres of land.
Chairman: I think you will find that they have a Little
League field and a Pony League so it will take
in the whole area.
Ferguson: Are you recommending an appropriation of $6900?
Chairman: $5400 is what I had in mind for rough grading.
Ferguson: When you say Little League do you mean Pony
League?
Chairman: No.
Clark: Do you mean we should invest $10,000 on con-
dition that the citizens of the town back a
program that would be developed only if the
rest of the town backs it up?
Ferguson: You feel that the Town is that civic minded?
Chairman: I am afraid it is. I don't think the Town will
go along for any more.
Foley : What will it cost to develop the school play-
ground?
Morey: I don't remember.
Person: Isn't the development of that as a playground
one thing and the Little League something else?
Even if that is a playground it will not be
available for Little League.
Chairman: If we purchase the land and rough grade it some
organization will come along and furnish the
fill. The figure $5400 is to excavate and grade
fill with what is there.
Foley: We feel that the whole area should be rough
graded at this time rather than come in later
and ask for more money to grade it.
Person: Can a private organization improve Town property?
Foley: Does it become Town property?
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Stevens : It won't change the title of the property. It
Gay: would be done as a gift to the Town.
Will this seven acres accommodate all the Little
League program?
Foley: It should take three fields.
Gay: Will you come back again and ask for further
development2 Is this whole piece of property
enough?
Foley : Can you tell me how much this is going to ex-
pend? I should think it would hold it. You
can get three fields in there.
Gay : Haven't other towns ' Little Leagues been spon-
sored by organizations?
Foley.: Some towns have made the fields complete. In
others, civic organizations have made the
fields. I don't know of any combination.
Chairman: How does this piece of land compare with the
Grassland Street piece?
Foley: They are two different types of land. This
place is a gravel pit and is dry. We have to
bring in loam. Grassland Street was not wet
during the rainy season as the neighbors said
it would be. That land has plenty of loam.
The engineering on that would be only levelling
and spreading the loam. The Maple Street pieee
must have loam brought in. From the size of
the piece on Grassland Street, it was five
house lots of 50 foot frontage and would be
about 250 feet x 250 feet against seven acres.
Nickerson: There is no comparison. That was for a play-
ground for children and our problem is a Little
League field.
Jaquith: How much access to Maple Street?
Foley: We want twenty-five feet anyway and we may get
a forty foot road.
Jaquith: It seems to me twenty-five foot access would
be narrow. Now is the time to get it.
Nickerson: We told the Recreation Committee a month ago
our going along on this would be predicated
on a forty foot street. We told you that
twenty-five feet was not enough. We would
not go along with spending $10,000 for a
twenty-five foot access road.
Chairman: In order to have harmony on any of these pro-
jects we must have the co-operation of all the
Boards with each other.
Clark: We have asked for information which was sup-
posed to have been given to us in writing.
Chairman: That is the purpose of this meeting,
Nickerson: I don't want the Recreation Committee to get
the idea that we are rugged about this . I am
sure that we told you we wanted a forty foot
road. If that is going to increase the cost,
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let us know now. This is a constructive
suggestion on our part.
Gay : How much additional will a forty foot way cost?
Foley: I don't know. There seems to be a discrepancy
on the plans. We have to find out definitely
where the land is . The lots would be cut down
to 120 foot frontage.
Nickerson: In going to the Board of Appeals with a lot
that does not conform you must have a specific
use -- not to subdivide so many feet into so
many lots.
Foley: Our problem now is to find out definitely how
much land we have got.
Stevens : You can't do that before Town Meeting. It
will take a few weeks to make a survey. The
best thing is the minimum. of twenty-five feet
and if that is not acceptable, it throws it out.
As far as you know now, the only guarantee you
have is a twenty-five foot access. If there is
going to be a survey, there will not be time
enough to do it before Town Meeting.
Chairman ; Could you ask for fifteen feet more%
Foley: I will have to contact the Ryders because
Chapman has sixty-three feet on Maple Street.
The meeting adjourned at 10 :35 P. M.
{
A true record, Attest:
Clerk, Se ctmen
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