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HomeMy WebLinkAbout1953-07-06-min 30 ac CL SELECTMEN'S MEETING July 6, 1953 A regular meetingof the Board of Selectmen was gu held in theelect a 's Rom Town Office ldin S m n Room, g, on Monday evening, July 6, 1953 at 7 :00 P. M. Chairman Reed, Messrs. Nickerson, Gay, Driscoll and Bateman were present. The Clerk was also present. Mr. Burns, Supt. of Public Works, arrived at the meeting at 7 ,10 Y. M. The Chairman read a letter from the Appropriation Committee advising that a transfer of $269.20 had been Transfer approved for the purchase of a new adding machine for the Tax Collentorfs Department. Letter was received from Robert L. Lyon, 55 Waltham Street, offering $50 for Lot 60, Park Heights Plan 3 Tax title Winter Street. property The members of the Board preferred to view the lot before taking any action on the offer. Letter was received from the State Department Bf Chapter 90 Public Works, together with contract in duplicate for Chapter 90 work on Hill Street. Mr. Burns explained that the Board has already signed a contract with the Coynty and this is a con- tract with the State and is in order for signatures. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was unanimously voted to sign the contract in dup- licate and return it to the State Department of Public Works. The Chairman read a letter signed by Dr. Fred S. Piper and Dr. Howard W. Newell stating that the street light located in the vicinity of Massachusetts Avenue Street lights and Clarke Street does not ad$quately light the entrance to Clarke Street. They also requested that a recessed reflector be exchanged for a standard reflector. Mr. Burns explained that there is a standard re- flector on the light now. He also has this area on his list of lights for the Boston Edis) n Company's survey this month. Mr. Bateman brought up the subject of bushes hanging over the sidewalk on Clarke Street at Mr. Raymond 's propePty. Mr. Burns agreed to find out whether or not Mr. Raymond is willing to co-operate and have the bushes trimmed. ' 81 Mr. Gay asked what could be done with the old reservoir and said that several people have asked him if the gate can be built. Mr. Burns replied that it can be if he has the time and said that he thought this was an item in the Reservoir Recreation Committee's budget. Mr. Gay said it could be made into a natural park if it were cleared out and some seats put in between the trees. Mr. Burns said that the gate is on the list to be done this year. The Chairman said that before it is filled up again, it should be cleaned and sand put on the side so people can swim there. Mr. Nickerson said that if it is made a public swimming place, the town might be in trouble because it becomes polluted . Mr. Gay said that the people who spoke to him are not interested in this as a swimming area but just as a park. Mr. Burns said that he is very sure this item is included in the Recreation Committee 's budget. Mr. Nickerson asked if there is any chance of the M.H.C. painting the standpipe this year, and Mr. Burns 111 replied that he has already discussed this with Mr. Sevens. The Chairman read a letter from Dr. Edward O'Rourke, Health C6mrnissioner, city of Cambridge, in regard to the Metropolitan Accident Prevention Program, The health officers and representatives of Boards of Health from Accident communities in the metropolitan area propose develop- Prevention ment of an educational program for home and other ac- Program cidents. Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to authorize the Chairman to handle this; the Board having no objection to the pro- posed program. The• Chairman referred to memoranda received from Governor Herter's office in regard to Tornado Relief Work, and said that he had contacted Mr. William Maloney to find out whether or not the Boys Club would solicit funds. W. Maloney felt that most of the organizations in Town have contributed and was reluctant to take this on unless he could be convinced that it is necessary. The Board felt that the people in Town have con- tributed one way or another and no further adtion was taken. C 32 ac CL Applications were received from the Lexington Choral Society requesting the use of Cary Hall on December 12th and 13th for rehearsal and concert end also on March 20th, 1954 and March 21, 1954 for re- hearsal and concert. Uses of Upon motion of Mr. Nickerson, seconded by Mr. Halls Bateman, it was voted to grant the uses for December 12th and 13th free of charge. The Chairman was authorized to advise the organi- zation that it is not the Board's policy to grant uses so far in advance and suggest that the request be re- iterated some time the first of January. Application for a First Class Agent ' s License was received from Hildreth Motors, Inc., 34 Bedford Street. Inasmuch as this location was until presently used by Bradford Motors,, Mr. Gay brought up the ques- tion of the case now pending in court for violation of License the Building By-laws. However, Mr. Nickerson ex- plained that the building will be leased only and that the property is still owned by Viano. Satisfactory character reference was received from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to grant the license . Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant a Sunday Movie License to Lex- ington Amusement Co. , 1794 Massachusetts Avenue. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to sign a deed, prepared by Town Counsel, Old Adams conveying the so-called Old Adams School property on School land the southwesterly side of Massachusetts Avenue to the Follen Church Society. Upon motion of Mr. Driscoll, seconded by Mr. Bateman, it was voted to sign a deed, prepared by Town Counsel, conveying Lot 4, Block 95, Reed Street, to Walter and Lillian B. Cunha, 139 Reed Street. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to sign a contract between the Town of Engineering Lexington and Whitman & Howard, Inc. (approved by Service Town Counsel ) for engineering services in relation to road construction of the following streets : Bartlett Avenue, Gleason Road, Massachusetts Avenue and Edison Way. (Original mailed to Whitman & Howard; two copies given to Mr. Burns. ) 33 Upon motion of Mr. Driscoll, seconded by Mr. Bateman, it was voted to sigpl a. contra ctLbetwbent.tbe Town of Lexington and Whitman & Howard, Incl (Approved by Town Counsel ) for engineering services in relation to construction of drains in the following streets: Milk Street to Bedford Street, Hancock Street and Hancock Avenue, Cedar Street, Middle Street, Waltham Street and Concord Avenue. (Original mailed to Whitman & Howard; two copies given to Mr. BurnsG. Letter was received from the Equitable Life Assurance Society in .re group life insurance for em- ployees of the Town. Group The Chairman explained that some time ago he Life Ins. and Mr. Nickerson interviewed two representatives of this company and were advised that the employee pays one-half the cost and the town pays one-half. At that time he asked if the experience rating was charged according to what the town had or if it was the average. He said that he also received a similar communication from the John Hancock Mutual Life Insurance Comppny. Mr. Nickerson said that the money would have to be collected from the employees and then paid back and asked ArztBdrns how much time it would take a girl to handle it. Mr. Burns replied that offhand he thought it would bake possibly three days. No action was taken on the subject. Mr. Stevens arrived at the meeting at 7 :50 P. M. He referred to the water betterment assessment levied against the West property on Oak Street and said that there is a two inch water line, as he re- West water called, in Oak Street. The contention was made that betterment it had become town pipe and therefore no betterments should be assessed . The position of the Board was that it was a private pipe and betterments were to be assessed on the large pipe installed by the town . He said he thought the Board was going to allow Mr. West to set up one lot for the existing building and abate the water betterment on that and possibly grant an ex- tension of time, without interest, on the balance of the land. He said that he waited many months for a plan which would show this one lot and finally recommended that the Board deny the request for abatement. This stimulated Mr. West and his attorney to get the plan ready and Mr. Stevens now has it and presented it to the Board. It shows a lot with frontage for the house leaving sufficient land on one side for two lots and on the other side for three lots. 34 OMNIMr. Stevens said that this does not call for any action by the Board this evening. He said that the Board could pro-rate the water betterment, a certain amount going to this one lot. After that, abating that amount, leaving the remainder on the land and extending the time for payment. Mr. Nickerson said he would be entirely willing, as the Board told him, to abate the house lot itself if some satisfactory arrangement could be made. He said he thought Mr. West justified in requesting a deferment. Mr. Stevens recommended that Mr. Burns obtain the apportionment and bring the subject up at the next meeting of the Board. Mr. Stevens informed the Board that there is a new Act, Chapter 386 of the Acts of 1953, which has an emergency preamble so it is now in operation. It has to do with repairs on private ways . A town which Chap. 3.86 accepts this Act may make repairs on private ways which have been open for public use for six years or more. However, such repairs shall not include con- struction, reconstruction or resurfacing and shall not be undertaken until the Selectmen have an agree- ment from the owners to release the town from any damage nor unless the town votes that such an agree- ment is a necessity. He said it is operative only if accepted by the town. Mr. Burns retired at 8:15 P. M. Mr. Stevens referred to Mr. Gallant 's application for veterans lot #3 Hill Street and said that if the Town Clerk certifies that he is a veteran, he did not think the bank or anyone else would ever raise any question as to whether or not Mr. Hallant should be classified as a veteran of ldld War II. Mr. Jerome Gallant, 11 Spencer Street, Lexington, met with the Board . The Chairman said that the Board would like to Veteran know the reason Mr. Gallant wanted the lot and also Lot when he went into the service and why. Mr. Gallant replied that he has lived in Lexington since he was eight months old, still lives here and would like a permanent home in Lexington. He said that he en- listed in the army and wanted to go because all his brothers were in the service. The Chairman asked if he received the bonus for World War II veterans and he replied in the affirmative. 35 Mr. Driscoll asked if hel•were in the regular army and he replied in the affirmative . Mr. Nickerson asked about his service and he re- plied that he was in Okinawa. The Chairman said the Board would consider his ap- plication this evening and let him know its decision within a day or so. Mr. Gallant retired at 8 :40 P. M. Upon motion of Mr . Driscoll, seconded by Mr. Gay, it was unanimously voted to sell and convey veteran lot 0 Hill Street to Jerome Gallant. Mr. Nickerson said that if any veteran of the Korean war applied for one of the two remaining lots he would be in favor of selling them. Mr. Stevens said that rent control will go off on July 31st and if at some subsequent date the town meeting accepts it, rent control will be imposed with the same maximum rates that existed on July 31st, with certain Rent modifications . He said that he does not believe the Control landlords will have to return any money. It just means he does not know whether he can increase rents or not. He said that the Town of Belmont sent out a letter explaining the situation without calling a Town Meeting. He agreed to obtain a copy of the letter. The Board felt it unwise to call a Special Town Meeting in the summer when it might be impossible to get a quorum. Krp Nickerson suggested an informal meeting after Mr. Stevens obtains a copy of the Belmont letter. Mr. Stevens referred to Walter Cunhats offer of q50 for lot 7, Block 95, Reed Street and explained that one Rose Turner has been paying the taxes on this lot for years. It appears from the records that she neg- Tax title lected, however, to record her deed. The Chairman was authorized to advise Mr. Cunha that the town does not own this lot and it waslisted as tax title through an error. At 9 :00 P. M the following members of the Pleinning Board met with the Selectmen: Chairman Adams, Messrs . Grindle, Irwin, Potter and Ripley. Mr. Burns, Suptt. of Public Works, was also present. Mr. Adams said that his Board had an informal dis- cussion in mind. Last Town Meeting, when the Planning Board felt it was doing a little advanced• planning, all its proposals were rejOcted for a variety of reasons . However, his Board recognizes that the town is growing and the problems will still be there. He said that the pressure is still on the town to grow and it is going to be very expensive and raise a lot of problems. i J 36 howla One of the members of the Planning Board came up with an idea which he would like to present to the Selectmen for informal reaction. He said it looks as if the Town will spend $10,000,000 for schools, water, sewer etc. There is a large lot of land available and one thought is for the town to buy up all the vacant land, and thus have it under its control. This would prohibit growth and it might cut down to $5,000,000 the $10,000,000 which will have to be spent . He said that insofar as the legal angle to the suggestion is concerned, it has been referred to Town Counsel. He advised that the town can use land for recreation, town forests, etc. He said that most of his Board feels that this should at least be looked into a little more than mere guess work. He said his Board would like to borrow Mr. Walker to look into the figures to determine what money to take, what would have to be bonded, etc. Mr. Nickerson asked how the money could be bonded for purchase of land. He said that he did not believe it could be bonded outside the debt limit and certainly could not be bonded inside the debt limit; further it Would be $75 on the tax rate if the money is assessed. Mr. Adams said that is one reason why they would like to talk with Mr. Walker. He said that it may re- quire an Act of Legislature, and that it may also be a very good investment. He admitted that there are many technical problems that would have to be cleared . Mr. Adams said that another angle is to gp into Town Meeting and say that the town is growing a little fast and let everything go. Still another idea would be to hire an expert firm and see what would be recommended . Mr. Ripley said that the Town of Sharon has been divided into three circular areas. Mr. Adams said that something must be done, but the problem is what to do. The Chairman said that if land were purchased by the town, it would also require a vote of the town to sell it. Mr. Adams said that an Act of Legislature might establish a Land Commission. He said that if the town wants a solution that is good enough, a way can usually be found to do it. He stated that if all the vacant unlotted land is owned by the town, it would prevent the use of poorer areas for cheap developments. He ex- plained that the present regulations make land very ex- pensive to develop and therefore there is a larger demand for poorer land. Mr. Nickerson asked how the present farms would be handled. The farmers have the land that would be most valuable and most in area. He asked if all farming would be stopped. 87 Mr. Adams replied that his Board has not considered it from that point of view as yet. He said they know there are several farms which, in the near future, will be placed on the market and mentioned Lidberg's, Chiesa 's, Willard 's and Pleasant Associates. He said that it may be purchasing the cheaper land upon which the Board would not want houses to be built. However, he said that his Board has no more than recommendatory power. Mr. Gay asked if the Planning Board was coming in with any recommendations on light manufacturing, and Mr. Adams replied that has Board would like expert advice be- fore it comes in again. He said that there is no sense bringing in the same recommendations as before, but that was the best the Board could see at the time. Mr. Nickerson asked if a proposition such as this could ever be financed outside the debt limit, and Mr. Stevens replied that he has not looked into the financing limits. He said that he did tell the Planning Board the town could not purchase land and sell it for development and land cannot be taken by eminent domain except for specific purposes. He said land can be acquired for parks bp.t that would not be for the purpose of reselling it. Mr. Nickerson said that he did not ask the question to prevent the Planning Board from discussing this with Mr. Walker, but if Town Counsel advises that it cannot be done, there would be no sense in involving Mr. Walker. Mr. Adams said that the Planning Board feels that if the problem is serious enough, any suggestion that looks as thoughtit is for the best interest of the town is worthy of examination. He said that the town will be faced with $10,000,000 for capital expenditures witiin. the next tan years and his Board feels it is a) mething worth looking into. They do, however, realize that there are many problems involved . Mr. Ripley said that t1e re are approximately 3,000 acres that would be the type of land that the town might buy, and it would have to pay the going price that a developer would pay for it. He said that the difference in our town is bound to be that the town still looks like Lexington, and one that will look like Arlington or Belmont or some town not managed as well as those twn . He stated that this seems one way of preserving something which we have and call Lexington. The Planning Board retired at 9;25 P. M. and the meeting adjourned. A true record, Attest: Cle