HomeMy WebLinkAbout1953-02-02-min 471
SELECTMEN'S MEETING
February 2, 1953.
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room, Town Office Build-
ing, on Monday evening, February 2, 1953 at 7 :00
P. M. Chairman Nickerson, Messrs. Emery, Gay,
Driscoll and Reed were present. The Clerk was also
present.
The Chairman read "i letter from Miss Gladys M.
Jones, 19 Utica Street, in regard to her water bill,
October 1, 1952, which she believes to be excessive. Jones'
He informed the Board that Mr. Burns has done every- water bill
thing possible to convince Miss Jones that the meter
reading is correct. He recommended that the Board
hold the matter in abeyance for another quarter and
advise her that if the next quarter reading is nor-
mal, some abatement maybe made.
Letter was received from Mr. Lindstrom, Build-
ing and Plumbing Inspector, suggesting that when a
Wire Inspector is appointed, to replace Mr. Bills Wire Insp.
who will retire, his office together with all ap-
plications, permits and records be kept in the
Building Department.
The Chairman was authorized to discuss the
subject with Mr. Burns, Supt. of Public Works,
and then invite Mr. Lindstrom to meet with the
Board and Mr. Burns.
Letter was received from Mr. Lindstrom stat-
ing that he is urgently in need of more office
space and suggested that a small section of the Add'l room
Engineers ' Department, adjacent to the connecting for Bldg.
door, be taken for his department. Insp.
The Chairman was authorized to discuss this
subject with Mr. Burns.
The Chairman read a letter from Mrs. Harold
J. Crumb, Chairman of the Ways and Means Committee, Tag Day
Lexington-Symmee Auxiliary, requesting permission to
conduct a Tag Day in May.
The Subject was discussed and it was unaminously
agreed to defer any action until after the March
elosti0ft and to suggest that Mrs. Crumb resubmit her
request some time in March.
Letter was received from Miss Margaret J. Rummage Sale
Hennessey, on behalf of the Lexington Catholic
Women's Club, requesting permission to conduct a
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rummage sale at the Barnes property on May 16th.
Upon motion of Mr. Gay, seconded by Mr. Emery,
it was voted to grant the request.
Letter was received from Mrs . Ann L. Culbertson
on behalf of the American Legioh Auxiliary, request-
Apr. 19 ing permission to erect a booth at the corner of
booth Massachusetts Avenue and Meriam Street on April 19,
1953.
Upon motion of Mr. Reed, seconded by Mr. Gay, it
was voted to grant the request.
Communication was received from the State De-
partment of Conservation, Divisicnof Forestry,
relative to the appointment of a Forest Warden.
Forest The g• esent Forest Warden, Roy A. Cook, was recom-
Warden mended by the Department.
Upon motion of Mr. Emery, seconded by Mr. Gay,
it was voted to re-appoint Roy 4. Cook as Forest
Warden in the Town of Lexington for a term of one
year.
The Chairman read a letter from Mr. Smith, Supt.
of Schools, in regard to further publicizing the State
law as it applies to the passing by motor vehicles of
school buses.
School bus Mr. Reed suggested the erection of signs at all
signs main entrances to the Town.
The Chairman agreed to contact Mr. Burns in an
effort to determine how much money would be required
for such signs.
Upon motion of Mr. Emery, seconded by Mr. Gqy,
it was voted to grant the following uses of halls :
Richard F. Jackson Conf. Room Feb. 19 4-H Meeting
Lex. Field & Garden Club Estabrook Feb. 24 Meeting
Upon motion of Mr. Emery, seconded by Mr. Gay,
it was voted to grant the following licenses :
Lex. Amusement Co. 1794 Mass . Ave. Sunday Movies
Anthony Ferreira 249 Marrett Rd. Peddler
Request was received from the Lexington Driun Corps
requesting permission to conduct a paper drive on Sun-
Paper day, March 22, 1953.
Drive Upon motion of Mr. Driscoll, seconded by Mr. Gay,
it was voted to grant the request.
It was unanimously agreed to set March 16th as
the date for the Adjourned Town Meeting.
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At 8:00 P. M. Mr. Arnold Bradford, of Bradford
Motors, and Mr. Bunzell, representative of the Sun
Oil Company, met with the Board.
The Chairman asked if Mr. Bradford requested the
appoihtment to reiterate his request for permission
to widen the driveway and remove the tree.
Mr. Bradford said that generally speaking the
main reason is to open the driveway to bring cars in
off the street, and if permission is not granted to
cut the curb, he won't be able to extend the driveway.
He said that he would like to have the tree removed,
but if permission is not granted that is something
else.
The Chairman stated that the Board does not like
the situation of the building as a nonconforming use
and also does not like to askfthe Town Counsel to
spend his time and the Town' s money to correct the Bradford
situation. He suggested that Mr. Bradford write to Motors
Eugene Viano, owner of the building, and advise him
that the Board does not like law suits. He recom-
menied that the nonconforming use be corrected and
then perhaps something could be worked out relative
to the curbing.
Mr. Bradford agreed that the method suggested by
the Chairman was the best way to handle the matter
and stated that he would write to Mr. Viano.
Messrs. Bradford m d Bunzell retired at 7 :55 P. M.
At 8:00 P. M. hearings were declared open upon
the intention of the Board to lay out Bartlett •Avenue
from Lowell Street, a distance of approximately 971 Bartlett Ave
feet westerly and Gleason Road from North Hancock and
Street, northerly approximately 760 feet to Fuller Gleason Rd.
Road. Notice of the hearings were served by Constable hearings
to all the property owners on these streets as listed
in the Assessors ' records as of January 1, 1953.
The Chairman explained that inasmuch as only two
streets are to be accepted this year the Board thought
it would be logical to hold them simultaneously. He
said that Bartlett Avenue would be taken up first and
the procedure would be as follows ; Anyone desiring
to speak in favor will be heard and after all those
who wish to speak in favor have been heard, those who
wish to speak in opposition will be heard. He stated
that at the close of .the Bartlett Avenue hearing, the
same procedure would be followed in regard to Gleason
Road.
Mrs. Wirpio, 22 Bartlett Avenue, said that she
petitioned for the sewer and street and believed that
everyone is in favor.
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The Chairman explained that Bartlett Avenue is
a combination of sewer and street for which both have
been petitioned. He mentioned that no formal petition
had been returned for sewer in Gleason Road, but the
Board is proposing installation of the sewer because
it felt that the people wanted it, and it was merely
a matter of neglect in submitting a petition.
Mr. O'Brien, 8 Bartlett Avenue, asked if the sewer
would be installed before the street is constructed or
at the same time.
The Chairman-stated tilt the Board knew the main
was going up there and thatny the street accep-
tance was held up last year and said that the project
would be done simultaneously.
Mrs. Wirpio asked what provision would be made for
storm drain, and the Chairman replied that the street
construction would include storm drainage. He said
that the water from Lowell Street has aggravated the
condition, and that the Town is not guilty of dumping
water in the Bartlett Street area.
Mrs. Batstone, 49 Bartlett Avenue, said that she
is in favor of the sewer and the street and asked how
far the street would be finished.
The Chairman explained that the street as pro-
posed will go down to and by her lot. The sewer will
have to be extended the entire length.
Mrs. Batstone asked if she would be charged for
the entire length of the sewer, and the Chairman re-
plied that the sewer assessment is based on frontage
only. He said that she would be charged for the
sewer in f ront of her property inasmuch as it is a
benefit to the land.
Mrs. Batstone said that her land is low and wet
and nothing can be done with it right now.
The Chairman said that houses are being construc-
ted all over town on streets that have been built and
sewers installed. He said that a betterment would be
charged unless proof can be given that the land is not
bettered.
One individual present inquired about acceptance
of Arcola and Pearl Streets, and the Chairman said
that if a minimum of 70%, and preferably 75%, of the
abutters do not apply for acceptance, the Board con-
siders it an injustice to impose the expense on so
many others who do not wish it. This hearing there-
fore, is just on Bartlett Avenue, and if the people
on Arcola and Pearl Street wish to apply in 75%,
the petition will be considered .
The Chairman asked if anyone else wished to speak
in favor of the sewer installation and street construc-
tion, and no one did. He then asked if anyone wished
to speak in opposition, and no one did.
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The hearing on Bartlett Avenue was declared
closed at 8;15 P. M.
The Chairman reiterated the procedure for the
benefit of any individual who arrived at the hearing
late.
Mr. Dorman E. Priest, 16 Dee Road, said that this
is a street laying out of a town way and asked in what
way is paving implied or if street laying out was
synonimous with acceptance.
The Chairman explained that this is laying out, and
acceptance of the street as t town way.
Mr. Priest asked if paving is implied, and the
Chairman stated that the Town cannot accept a street
that is not paved according to town specifications.
Mr. Priest inquired ahout the width of the street,
and Mr. Higgins, Assistant Town Engineer, explained that
the width will be twenty-four feet.
The Chairman said that the taking is fifty feet, and
the width of pavement is twenty-five feet.
Mr. Priest asked if sewer is to be included, and the
Chairman stated that no formal application for the sewer
had been filed, but the Board felt that it was the in-
tent of the abutters to request the sewer and the Board
therefore has voted to recommend the installation of the
sewer.
Mr. Priest asked if there is a set figure for the
assessment for paving and sewer, and the Chairman re-
plied that there is on the sewer which is the average
of the cost over all of th4town for the previous five
years. He said that, acco ding to the engineer's btuiy,
and diagnosis of the cost, the abutters are advised of
the maximum amount that can be charged. When the con-
struction is completed all charges are totalled and the
abutters are billed at a formula which is the complete
cost of the surfacing and subsoil and 50% of the cost of
the drainage. The final amount cannot exceed the esti-
mated cost which has been filed at the Registry. He
said that he thought, in this instance, the cost of the
street would not exceed 413.00 a foot.
Mr. Priest asked about the terms of finance, and the
Chairman explained that the charges may be paid in cash
or may be apportioned over a period of ten years.
Mr. Priest asked about the billing when the house is
mortgaged, and the Chairman explained that there would be
a lien on the property.
Mr. Robert H. Packard, 14 Gleason Road, said that he
is definitely in favor of the acceptance.
Mr. Clifton A. Temple, 31 Gleason Road, said that
he applied for sewer but did not submit his application
in time and therefore went to the expense of building a
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cesspool. He asked if he would be compelled to connect
at a later date.
The Chairman said that he would be assessed a
betterment and if at any time the Board of Health re-
ceived complaints from the neighbors or thought that
the sewerage was not being properly disposed of, it
has the power to compel the owner to connect.
Mr. Donald Grant, 15 Dee Road, said that he is
already connected to the sewer on Dee Road and asked
how the sewer in Gleason Road would affect him.
The Chairman explained that if his is a corner lot
and he is connected to the sewer on Dee Road and if his
frontage on Gleason Road is longer, he would be assessed
for the difference.
Mr. Higgins said that Mr. Grant has already been
assessed on Dee Road, and there would be no assessment
on Gleason Road.
Mr. Franklin M. Dyer, 22 No. Hancock Street, said
that he would like to be recorded as being in favor of
the acceptance.
The Chairman asked if anyone else present desired
to speak in favor or in opposition, and no one did.
The hearing was declared closed at 8:35 P. M.
However, several individuals present remained and asked
members of the Board various questions in r egard to the
proposed street acceptances. II
Upon motion of Mr. Driscoll, seconded by Mr. Gay,
it was voted to give written notice of intention to lay
out Edison Way from Massachusetts Avenue northerly to
the Boston & Maine Railroad distant approximately 283
feet.
The Long Range Planning Board met with the Select-
men at 9:20 P. M. at which time the Clerk retired.
A true record, Attest :
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