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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 472 c 0 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. 473 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. 474 CC m 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. 475 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 476 CG 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 : er/ L