HomeMy WebLinkAbout1953-07-06-min 30
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SELECTMEN'S MEETING
July 6, 1953
A regular meetingof the Board of Selectmen was
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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.
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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.
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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. )
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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.
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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.
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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.
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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.
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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:
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