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HomeMy WebLinkAbout1953-04-27-min 560 tt tp SELECTMEN'S MEETING April 27, 1953 ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 27, 1953 at 7:00 P. M. Chairman Reed, Messrs. Nickerson, Gay and Bateman were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for Jury Duty commencing June 1, Jurors 1953: Frederick D. Wells, 58 Prospect Hill Road, John Bidwell, 32 Percy Road and Talmage D. Marshall, 11 Sylvia Street. Mr. Carroll retired at 7 :03 P. M. and Mr. Burns, Sup't. o1 Public Works, met with the Board. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for permission to relocate one JO pole on Pole Concord Avenue. location Mr. Burns explained that the request had been made to relocate the pole to clear a driveway. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to approve the petition and sign the order for the following pole location: Concord Avenue, northeasterly side, ap- proximately 560 feet southeast of Chadbourne Road, -- One (1) pole. (One existing JO pole to be removed. ) The Chairman read a letter from Miss Mildred G. Armstrong requesting the installation of one street Street light at 34 Wood Street. light Following the policy of the Board to consider all street light requests about the first of July, Miss Armstrong is to be advised that her application will be placed on file and discussed at that time. T1e Chairman read letters from the Department of Public Works advising that the sum of $1,000 Chapter has been approved for maintenance of Chapter 90 90 roads in Lexington, on condition that at least $1,000 is contributed by the town and $1,000 by the county; ;;:,000 has been approved for improve- ment of Hill Street, on condition that at least 561 $4,000 is contributed by the town and $4,000 by the county. The Chairman read a letter from Kendall S. Reed, 38 Buckman Drive, together with cards signed by property owners on Bubkman Wive, requesting the acceptance of said drive as well as Dawes Road, between Pollen Road and Buckman Drive. Mr. Burns asked about sewer installation and the Chairman replied that the people do not want the sewer. Mr. Burns asked if it would be requested within five or six years and the Chairman replied that when the applicant first discussed the matter Buckman Drive with him, he stated that the property owners do not want the sewer installed, but that he would be glad to check again. Mr. Burns was authorized to prepare petition with estimates of the cost of construction to be sent out for signatures. Mr. Worthen's letter inquiring about the pos- sibility of the town maintaining elm trees on the Munroe Tavern and Hancock-Clarke house property was held over. Mr. Burns reported that he had discussed the Subject with Mr. Garrity and he estimates the amount of money involved to be $250. It will not be pos- bible for him to do any of the work on these trees until July 1st, after the spraying season, and then he will have to take time from other work which is equally as important. Mr. Burns presented a plan showing proposed transfer of the Building Department to the Account- ing Department and Accounting Department to the Building Department. Accounting Following a discussion of the subject, upon & Buildin motion of Mr. Nickerson, seconded by Mr. Gay, it was Offices unanimously voted to change the Building & Plumbing Inspector's office into the present Town Accountant's office and the Accountant 's office into the now Building & Plumbing Inspector's office. Mr. Nickerson was delegated to advise both Messrs. Walker and Lindstrom of the changes to be made. Mr. Stevens, Town Counsel, arrived at the meeting at 7:25 P. M. Mr. Stevens reported that Mr. Kelley asked him • today if payment for the Bedford sewer could be ap- portioned over a period of two years. He advised Mr. Kelley that he could see no way that this could be done as it was• presented to the Town Meeting on 562 A W.1 01) the basis that this was a borrowing to be made for a specified period of time - until the sewer connection was completed. He reminded Mr. Kelley that the Town of Lexington expected payment as soon as the connec- tion is completed. He said that Lexington cannot ask the contractor to wait until the Town of Bedford knows what it is going to do. Mr. Kelley said that Bedford is going ahead with the project but cannot do anything before Friday. The Board requested Mr. Burns to ask the bidder if he would be willing to extend the time for accep- tance of the bid for ten more days. Mr. Stevens reported that he has the contract for supplying water to Raytheon and has been over it with Mr. Burns. It is now in order for signatures. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to authorize Mr. Burns to execute the contract, on behalf of the Town of Lexington for supplying water to the Raytheon Manufacturing Co. at its plant in Bedford. At 7:30 P. M. Mr. Thomas Napoli met with the Board. He said that he would like to discuss two prop- erties, his and his father's. He said that he would take up his father's first. He has had three sewer betterments totalling about $450G which have been deferred. His sister has decided she wants to build on the property, and his father wants to give her the land and let her build. He can't convey a clear title to her without paying all the betterments and, in view of the circumstances, he wants to pay the betterments and give her a clear title. However, he would like one concession. He said that at no time did they ever oppose the sewer, which they could have, but they were aware of the bad sanitary conditions in the neighbor- hood. He said that his father feels there is no pros- pect of realizing any great amount in retaining the land, and by that he meant he could not receive the amount of the sewer betterment because of the sur- rounding lots. They are all 75 foot lots, and the price of his father's lots plus the betterment assess- ment would price them too high. His father would like the town to put the sewer pipe up to the basement of the house at the town' s expense. He is asking this because he feels that the interest on the amount of money involved, if he carried out the deferments the next three years, would amount to the cost for installing the sewer up to the house. He said that if this could be worked out, well and good, and if not, that would be all right. 563 The Chairman said that the Board would consider the request and let him know. Mr. Nickerson asked what part of the amount of land was to be given to his sister, and Mr. Napoli re- plied that it is lust one lot about 125 feet. He stated that there are about twelve lots in the two parcels. The Chairman asked if the connection Mr. Napoli is talking about is to his father's house, and he re- plied in the affirmative. Mr. Repoli said that on his land there is a sdmilar situation but to a lesser degree. The Town deferred $836 'and $157. In the meantime a Mr. Andrews pur- chased the Miller property including the hen house. He needed a piece of land and wanted to buy it from Mr. Napoli. He told Mr. Andrews what was involved and they came to the conclusion that there would be no harm in selling and agreed on a price of $1200. In the meantime the town put in the sewer at an assess- ment of $234. Mr. Napoli said that he realized he would have to pay this off to give a clear title. He had a certificate of title which had printed on the back a lien, and it mentioned the sewer betterment of $234 against this property. There was no mention of the Lincoln Street water betterment. The bank advised Mr. Andrews that it would loan him the money on the house he proposed to build provided Mr. Napoli paid the sewer betterment, but no mention was made about the water betterment. He said that there is a ques- tion now in his mind as to whether or not he really owes it. Mr. Lynch, his attorney, said that there was some question in his mind, but finally advised Mr. Napoli to pay the betterment. Mr. Napoli asked if the Board would accept $836 as pay*ent for the water betterment, for the whole thing, and disregard the $157 betterments He said that he has already paid the sewer betterment of $244.33. The Chairman asked if his understanding was correct in that Mr. Napoli wanted to pay $836 and have the $157 abated. Mr. Napoli replied in the affirmative. The Chairman _said that the Board could not give him an answer this evening. Mr. Nickerson said that he could follow the logic in Mr. Napoli's first request for his father and asked if his request for abatement of the $157 was based on the same logic. Mr. Napoli replied that it is based on the fact that there is some doubt in his mind as to whether or not he owes it in view of the fact that it was not on the certificate of title. Mr. Nickerson asked whose fault it is if saaearte looked up a title and found that there is no lien on it, and Mr. Napoli replied that he didn't know. L 564 Mr. Nickerson asked if he based his second request on the fact that he doubts if he legally has to pay,and Mr. Napoli replied in the affirma- tive. Mr. Napoli said that he also tried to do a favor for a neighbor. He thought he would pay off the betterment, help the neighbor and help the town. He said that he is not going to make anything on the deal and lose a piece of land. He gave him a 75 foot frontage with a wedge; between income taxes, lawyer's fees, betterments and everything, the $1200 *melted° away. Mr. Bateman asked how much of the land is farmed, and Mr. Napoli replied about twenty-two acres. Mr. Napoli retired at 7:55 P. M. The Board felt that it would look with favor upon abating the balance of $157, if Mr. Napoli paid the total betterments less this amount. Mr. Stevens agreed to check further into the notation on the certificate of title. Mr. Burns retired at 8:10 P. M. Chief Rycroft and the following newly appointed policewomen met with the Board: Bernice Pearlman, 217 Massachusetts Avenue, Madge B. Colpitts, 50 Police Hillcrest Avenue, Elizabeth M. Sinclair, 163 Cedar women Street and Eleanor H. Sullivan, 34 Baker Avenue. The Chairman inquired as to when they would go on duty, and the Chief said that it depends on how long it takes to get their uniforms. The Chairman asked where they would be assigned to duty, and the Chief replied that they will go to Oak Street crossing, Adams School, Munroe School and Woburn Street. The officers retired at 8:14 P. M. The Chairman explained that the Appropriation Committee had agrbed with the Board of Selectmen on the date of May 15th for starting the policewomen working, and the Board would like him to plan on starting them that date regardless of whether they have uniforms or not. Chief Rycroft agreed. Mr. Gay asked the Chief what he knew about the bus stop at the corner of Bow Street, ad he replied that he, Mr. Burns and Mr. Cole, representative of the Middlesex & Boston Street Railway are going over the situation. Messrs. Rycroft and Burns retired at 8:20 P. M. Mr. Stevens meneioned the subject of persohal property taxes for 1951 and said that some time ago Miss Thompson, the Collector, spoke to him and he suggested that, in view of the fact that many people were misinformed, rather than just turn the accounts 565 over to the Deputy Collector, that she give him a list when she had what she thought was a firm basis of those who were not going to pay. She has given him the list and shows the amounts uncollected to be $2,984.40 Personal against a warrant of $119,120.77. The amounts due Property vary from $1.80 to $54 and $81. He said that it taxes would seem to him, if the Board is in favor, it might be well for him to send a letter to these people pointing out to them that this is an enforceable tax. Then after a period of time if they are not paid, the Collector could turn them over to a Deputy for collection. The Board had no objection, and Mr. Stevens said that he would either use his etationgry or have some printed. The Chairman read a letter from Edward A. Lamer, Jr. applying for some of the town's insurance business. Mr. Lamer has lived in town for many years and is associated with Marsh & McLennan, Inc.. Insurance Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to refer the matter to Mr. Converse Hill and ask that Mr. Lamer's name be placed on the insur- ance list. The Chairman read a letter from the Town Counsel giving his opinion that a member of the Board of Reg- istrars may not serve on any other committee or board Legal in the Town. opinion Upon motion duly made and seconded it was voted to rescind the vote of the Board, April 13th, appoint- ing Mr. Charles F. Vaughan (a memberof the Board of Registrars ) a member of the Board of Public Welfare. The Chairman read a letter from Town Counsel in regard to betterment assessments levied in 1951 and 1952 against land acquired by the Town upon foreclosure of tax liens. He recommended that the Board abate the street assessments committed in 1952 and sewer assess- ments committed in 1952 on properties listed in the Aseeesore' letters dated April 2, 1953. He further recommended no abatement of the sewer betterment assess- ments against lots 131 and 132 Marrett Road. These lots were conveyed to Nicholas Thambash in January, 1952, pursuant to an offer and acceptance for t he property in 1946. He advised the Board to recommend that the Asses- sors collect these betterments from the present owners who are Murray T. and Doris L. Potter. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted, upon advice of Town Counsel to abate the following 1952 committed street assessments and 1951 and 1952 sewer assessments assessed on land acquired by the Town of Lexington: 566 OD Location Committed Amount Former Owner Cary #118 9-2-52 $283.50 Blanche Rand, et al Cary Avenue Park Hts. Plan 3, lot 30 Hillcrest St. 12-22-52 375.00 Maria Wright Park Hts, Plan 3, lot 31 Hillcrest St. 12-22-52 375.00 Michael J. Evans Park Hts. Plan 5,1ot 35 12-22-52 375.00 John M. Roma Park Hts. Plan 3, Lot 36 Hillcrest St. L2-22-52 518.25 Johm M. Roma Cary #77 Marrett Rd. 12-22-52 135.74 John & Ella Jack Lot #4 Marrett R'd.: 12-22-52 355.64 Matthew A. & Elizabeth Macaulay Lot #11 Woodland Rd. 11-26-51 257.30 John H. & Eleen Peterson Copy of letter from Town Counsel to Mr. Carroll, Town Clerk, was received advising that a general release had been received executed by Greenough Bros. Inc. cover- ing all claims on Contracts C-1 and A. The Chairman read a letter from the Lexington Post No. 3007 V.F. W. requesting permission to conduct Poppy Days on May 22nd and 23rd. Poppy Upon motion of Mr. Bateman, seconded by Mr. Drive Nickerson, it was voted to limit the drive to one day, whichever date the organization prefers. John A. Sohoppet's application for an auctioneer's license was held over from last week. Mr. Bateman re- ported that he had checked with Mr. Parker, Lexington Federal Savings and Loan, and found that the applicant is Licenses an employee of the Winter Hill Federal Savings and Loan Association. He does all the auctioning of property foreclosed by the bank. Upon motion of Mr. ]t,eman, _seconded by Mr. Nickerson, it was voted to grant the following licenses: 567 John A. Schoppet B Dee Road Auctioneer 111 Pine Meadows Country Club 232 Cedar St. Common Victualler Jesse Meadows 536 Mass. Ave. Junk Collector Village Variety Store 93 Mass. Ave. Sunday Sales Mr. Stevens discussed the Salary and Wage Study Committee, authorized at the Adjourned Town Meeting held on March 23, 1953 and was authorized by the Board to Salary contact Mr. James, Chairman of the Appropriation Com- Committee mittee, to discuss the overall subject. Mr. Stevens retired at 9:20 P. M. Dr. Howard W. Foley, Chairman of the Recreation Committee, met with the Board. He stated that bids had been received for sandblasting and painting the swimming pools and submitted them as follows : Boyd Weatherproofing Service, Inc. Everett $2955.00 Patrick Ross Company Cambridge 3050.00 W. E. Smith Company, Inc. Boston 3393.00 The Waples Company, Inc. Boston 2875.00 Roy 0. Leonard Framingham 2370.00 Dr. Foley said that Leonard has done work for the town and mentioned the flag pole and standpipe. He said that as far as he knows, and he discussed the matter with Mr. Garrity, Leonard is good reputable man. Upon motionof Mr. Nickerson, seconded by Mr. Gay, it was voted to award the contract to Roy 0. Leonard, the low bidder, at his quotation of $2370. Dr. Foley retired and the meeting adjourned at 9:25 P. M. A true record, Attest: lellikAtjelec/' • en