Loading...
HomeMy WebLinkAbout1954-04-12-BOS-min 322 SELECTMEN'S ME$TING April 12, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office- Building, on Monday evening, April 12, 1954 at 7:00 P. M. Chairman Reed, Messrs. Gay, Bateman, Maloney and James were present. Mr. Burns, Supt. of Public Works, and the Clerk were also- present. Mr. Burns reported that he had sent out twelve in- vitations to bid on the Town's heating oil and received Oil bids oalt three replies. Some of the companies that inquired about the business did not submit a bid. The bids received were as follows: Burton Purber Coal Co. 3.23 per barrel Esso Standard Oil Co. 3.199 * U Union Oil Company of Boston 3.20 " Mr. Burns explained that the difference in the bids amounts to about 95¢ on a yearts supply. The Union Oil Company has been supplying the town and Mr. Burns said that insofar as he is concerned the relations have been satisfactory. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to accept the bid of the Union Oil Company. Notice was received from the State Department of Chapter 90 Public Works advising that the sum of $1,000 has been maintenance allotted for the maintenance of Chapter 90 roads in Lex- ington, on condition that at least $1, 000 shall be con- tributed by the town and $1,000 by the county. Notice was received from the State Department of Chapter 90 Public Works advising that the sum of $13,500 has been construction allocated for Chapter 90 construction (Hill Street) in Lexington, on condition that at least $6,750 shall be contributed by the town and $6,750 by the county. Mr. Burns retired at 7:20 P. M. Willard The Chairman read a letter from Miss Edith W. betterment Willard requesting continuation of the deferred water deferred betterment assessment levied on her property located on North Street. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted, under the provisions of Chapter 159 of the l 323 Acts of 1950, to again extend the time for payment of water betterment assessment of $395.66 upon land owned by Edith W. Willard and Genieve Robinson, consisting of approximately 316.53 feet and situated on North Street, without interest, until said land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, whichever event occurs first; pro- vided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. The Chairman read a letter from The Sachem Council, Inc. Boy Scouts of America, requesting continued defer- Boy Scout ment of-payment of the street betterment assebsment betterment levied •on their property located on Grant Street. deferred Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to again extend the time for payment of street betterment assessment of $2,781.91 upon land owed by the Sachem Council, Inc. located on Grant Street, without interest, until said land or any part thereof is built upon, or sold or until the expiration of three years from the date hereof, whichever event occurs first. The Chairman read a letter from the Stanley Hill Post, No. 38, Inc. advising that the Post will not hold its annual field day over the July 14th week-end this year and that similar plans for the future have been discontinued indefinitely. The Chairman read a letter from Mr. Carroll, Town Resignation Clerk, advising that Lewis L. Hoyt has resigned as a member of the Town Manager Committee. Mr. Stevens arrived at the meeting at 7:35 P. N. Letter was received from Mr. Carroll, Town Clerk, Fire Dept. advising of the appointment of Captain Bernard J. Beloastro as head of the Fire Department in accordance with Chapter 11;8 and Chapter 113, Section 8 of the General Laws. Mr. Gay expressed concern over the wording "head of the Fire Department" and Mr. Stevens explained it was the language used in the statute and provided for in the Special Aot covering the Fire Department. The appointee is head of the Fire Department for those specific pur- poses mentioned in Chapters 148 and 113, G. L. Mr. Stevens presented a plan showing the taking for the Sunnyfield Sewer and explained the properties in- volved. He stated that both Buttrick and Barnes brought suit against the town - $10,000 for Barnes and $12,000 for 324 CL Buttrick. Mrs. Commons, who has requested an appointt went with the Board this evening, discussed the subject with Mr. Burns back in 1953. The date for filing suit expired in 1953. According to her letter of February 10, 1953, addressed to the Assessors, she asked to have the betterment abated and her property connected to the sewer without charge in settlement for the easement. Mrs. Commons, two daughters and her brother met with the Board. She said that her brother would speak for her because of the fact that she is hard of hearing. Her brother said that Mrs. Commons settled in her present home thirty-two years ago and has been paying taxes there. He said the sewer went through the middle of the land which is about 600 feet deep. About three years ago the State went across the front lawn. He ex- plained that Mrs. Commons would like abatement of the sewer betterment tax and have the sewer connected to her house. She does not want any cash settlement Or any- Commons thing for the 1,and and does not expect anything. He sewer said that these two items amount to about 000. easement The. Chairman explained that the Board is familiar With the sub,jeat. He said that Dr. Barnes on one side and Mr. Buttrick on the other have suits against the town for damage to their property allegedly canned by the Casement. He explained that the Board does not feel this would be the time to make any settlement with Mrs. Commons because the result of the suits is not known. If settlement is made with her, it may be a measuring stick for what the others may be paid. He explained that this does not mean the Board will not make a settlement with Mra. Commons. He said that the Board does not feel that damage has been done to any of the property up there, including Barnes' , Buttrick's and Commons' . In fact, in some instances there has been an improvement. Some of the land has been levelled off and is in much .better condition than it ever was before the easement went through. He stated that the Board tried to locate the sewer in such a way that if a development went in bank and a street was constructed, the houses could be con- nected frith the sewer and there would be no betterments. Mrs. Commons' brother asked what the $306,95 charge was for and the Chairman replied that it is on the front land and has nothing whatever to do with the sewer in the rear. Mrs. Commons' brother asked about the stone wall that was knocked down and the soil that was levelled off. Mrs. Commons said that the stone wall was the only dividing line. Now that, as well as the fence, is gone so it is just a meadow from Barnes and Buttricks. 325 W' f IIThe Chairman said that this is something of which the Board had no knowledge and would have had it re- placed. The contractor is supposed to, put back anything taken out, that can be put back, the way it was origin- ally. He stated that the stone wall should have been re- placed. Mrs. Commons said that the soil was tossed to one side and she does not know if the top soil was put on the bottom or the bottom soil on the top. The Chairman said that he felt certain the Board would have heard from either Dr. Barnes or Mr. Buttrick if the soil hod not been correctly replaced as they were both growing things there at the time. The Chairman said that if any settlement is made with Dr. Barnes and Mr. Buttrick en equivalent settlement Might be made with Mrs. Commons, He said that these two people wanted the land damage to be decided by jury and settlement will have to be made on the decision of the 3ury+ Mrs. Commons said that she would just "sit tight" then. Mr. Stevens said that the Board will decide that amount it is willing to pay. Many considerations will enter into what is awarded. Mrs. Commons has 0 single lot of land that can't possibly be subdivided whereas Dr. Barnes and Mr. Buttrick both have larger areas capable bf subdivision. He explained that the Board could not say definitely that it would apply the same measure in each case. He said there is the question as to what the prop- erty was worth before the sewer easement went through and if it was worth any less after the easement. If it is worth leas, then Mrs. Commons would be entitled to be com- a pensated for the difference. Mr. Stevens pointed out that $600 is more than one half of the total assessed value of all Mrs. Commons' land as of today. Mrs. Commons' brother said that if she were given assurance that the Board would treat her as fairly as the people on either side she would not expect any more. Mrs. Commons agreed with the statement and the group retired at 8:00 P. M. Mr. Frederick D. Wells met with the Board and pre- sented a letter, on behalf of the Lexington High School P.T.A. and the Dad's Club, for permission to locate a May First stand adjacent to the Boy Scout headquarters for the permit sale of sandwiches and tonic on Saturday, May 1st, the Music Festival date. The proceeds will go into the scholarship fund. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request. Mr. Wells retired at 8:05 P. M. 326 Mr. Stevens reported that he had secured a new bond to go with the garbage contract for the year cam- Garbage mencing April 18, 1954. He said that last week the contract question was raised as to why there were not two options and in checking the records it was found that an option was granted for one year only. He said that the contract will have to be let out on bids next year, and that if the present contractor, who is apparently doing a very good job, was not the lo* bidder, the Board would not necessarily have to accept the low bid. Mr. Stevens referred to the sewer betterment assess- George ment levied against property of George F. Smith, Bedford Smith Street. He explained that the interest was never committed betterment on the assessment and it seems to him that the interest of 4% whould be paid. from December 13, 19L18 to March 6, 1950, Which was the time the Board had authority to defer better- ment aeseaementa without interest. From that date on, the Board could vote to defer payment without interest for three years. Further consideration to be given this subject at the next meeting of the Board. Mr. Stevens referred to the Nichols' agreement re assessment on Oak Street and said he thought the best pro- Oak Street cedure would be for him to obtain an agreement with West, betterment who now owns the property, whereby when he sells the land the betterment will be paid. He explained that he has drawn up an agreement and will send it to Mr. West. Mr. Stevens reported that there is a law case pend- ing in connection with the Shea contract for putting the water line in Bedford Street. Before the end of the one- year guarantee the pipe broke and dug a hole in the street. A milk truck went into it and Mr. Stevens had difficulty Claim with the bonding company. The case hat been pending for several years and is coming up shortly. The total damage is about *167 and the bonding company refuses to do any thing. The suit was brought on the basis of a street de- fect but Mr. Stevens doubted if they could collect on that inasmuch as the town did not know about the hole until after the accident. Mr. Stevens was authorized to settle the claim out of court. Mr. Stevens retired at 8:L10 P. M. Dr. William L. Barnes, Jahn Brucchi and three other individuals, representing the Kiwanis Club of Lexington, met with the .Board. Dr. Barnes said the club would like to have a portion of the ball field on .Se to p mbar 10th.fofiea.,hbWse ahooi with a rain date of September 25th. He said he understood the 327 Board rented or leased the property in question to various organizations. He explained the location as the siteo,where the Legion holds its fourth of July celebration. The Chairman asked if he meant the Hayden property and he replied in the affirmative. The Chairman suggested that the group also contact 'the Recreation Committee, that committee having super- vision of playground areas. He said that he thought the Board would have no objection but would like to discuss the subject inasmuch as the proposed date is a Sunday and said 'that he would have a definite answer following next Hiwanis week's meeting. horse The group retired at 7:55 P. K. show Mr. Maloney said that he would not be present at the meeting next week, but would be in favor of granting the request. The Chairman was authorised to contact Town Counsel to check on any possible technicalities. Application for certificate of incorporation 'was re- ceived from the Secretary of the Commonwealth, on behalf of David F. Toomey, 1061 Massachusetts Avenue. Cert. of Satisfaotory character reference was received from Inc. the Chi4 , of Police. Upon motion of Mr. Gay, Seconded by Mr. Bateman, it was voted to sign the certificate . Application for certificate of incorporation was re- Cert. of ceived from the Secretary of the Commonwealth, on behalf Inc. of H. S. Swartz, 19 Highland Avenue. Satisfactory charac- ter reference was received from the Chief of- Police. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to sign the certificate. The Chairman read a letter from the Drum Corps of Permit the Stanley Hill Post, American Legion, requesting per- mission to locate a balloon both adjacent to the Auxil- iary booth on April 19th. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to grant the request. Letter was received from Rhe First Parish Church, re- questing permission to sell balloons off the premises on Permit April 1 th. The Board had no objection ection and inasmuch as 9 � this is private property, no permit is necessary. Letter was received from Mrs. Charles P. Whittemore, on behalf of the Community Services of Lexington, re- Use of room questing permission to conduct a meeting in the Select- mems Room on Tuesday, April 27, from 8=00 P. M. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request. 328 C CL Application was received from Richard F. Jackson, Hbdlth Sanitarian, requesting permission to conduct an Use of immunisation clinic in a conference room on April 17th room from 3:00 P. M. until 5:00 P. M. Upon motion of Mr. -Gay, seconded by Mr. Bateman, it was voted to grant the use- of the room free of charge. Letter was received from the Lexington Coal Company Appointment requesting the appointment of Mrs. Edna R. Anderson, 41 Ledgelawn Avenue, as a Public Weigher to replace Krt. Boleyn who is no longer in the employ of the company. Upon motion of Mr. Gay, seconded by Mr. Maloney, Zt was voted to appoint Ira. Edna R. Anderson a Publienweigher. in the Town of Lexington for a term expiring Marsh 31, 1955, Upon motion of Mr. Gay, seconded by Mr. Bateman, it Licenses was voted to renew the following licenses: John W. Leary 45 Waltham Street Public Carriage Marcia Dane 1736 Mass. Avenue Employment Office Joseph DeFelice 81- Westview Street Peddler mOrders of Upon motion of Mr. Gay, seconded by Mr. Bateman, it taking was voted to adopt an order for taking in connection with the following streets accepted at the adjourned Town Meeting held on March 22, 1954: Bertwell Road Dawes 'Road Buckman Drive Oak Terrace Williams Road and: Appletree Lane Minute Man Lane Barberry Road Patterson Road Ballard Terrace Peachtree Road Bates Road Peartree Drive Battle Green Road Philip Road Benjamin Road Scotland Road Castle Road Stearns Road Field Road Webster Road Holton Road Wildwood Road Hutchinson Road Williams Road Lantern Lane Wyman Road' The Chairman read a letter from Charles A. Peirce, Permit on -behalf of the Battle Green Chapter, -Order of Demolay, requesting permission to sell ice cream on May 1, 1954, the Music Festival day. Two of the locations selected by the Order ere playground areae at the center play Pound. 329 Permission was granted subject to the following provisoes: 1. Check with Mr. Donald J. Gillespie, Jr. Chairman of the Festival in an effort to avoid any possible contusion or conflict with his plans. 2. Contact Mr. Robert Person, Chairman of the Recreation Committee inasmuch as the com- mittee has jurisdiction of all recreational areas. Mr. Maloney, apeaking on behalf of the Lexington Boys! Club, informed the Board that the Club islplanning to locate a Pepsi Cola truck on private property April Permit 19th, but in theevent it is not successful in securing the location would like permission to place it on the Barnes' property. The Board was unanimously in favor of granting the request. - The Chairman read a letter from Rev. Crawford 0. Speakers Smith, on behalf of the Couples Club of the First Baptist stand Church, requesting permission to borrow the speaker's desk from Cary Hall to be used in a church play on April 30 and May 1. ' The Board granted the request. The Chairman reported that Mr. George W. Emery would like to continue to serve as an Associate Member of the Board of Appeals. Appointment Upon motion duly made and seconded, it was unan• imously voted to re-appoint George W. Mmery an Associate Member of the Board of Appeals for a term expiring March 31, 1955. At 9:35 P. M. the following members of the Planning Board met with the Selectmen: Chairman Adams, Messrs. Speci¢1 Ripley, Grindle, Jaquith and Hathaway. Mr. Burns, Supt. Town of Public Works, was also present. Meeting Mr. Adams said that the appointment was requested because he thought a similar interview was held before Town Meeting when the two Boards discussed the twin high- way leading westerlyfrom Bedford Street. There was not sufficient time to proceed before the Annual Town Meet- ing and the inference was that there would be a meeting in June. He said if the meeting is to be held in June, there is a great deal of engineering work to be done. He said he recalled that both Boards agreed that this pro- posed highway should be presented to the town. He explained that the matter is being brought up tonight because the Planning Board now has to file plans under Form A. He also informed the Board that another 330 acragC ten feet will be needed from the Seth property to make the proposed road a width of 70 feet, and said that if there is to be a meeting a decision should be made. The Chairman said that there could be a public hearing held now which would not necessarily mean set- ting the date for the meeting. Mr. Adams asked if the Board had heard from Mr. Viano and the Chairman replied in the negative. Mr. Adams said that the project has reiohed the point now where the town is either going to do some- thing or forget about itr, The Chairman was authorized to contact Mr. Eugene Viano. The Planning Board retired at 9:50 P. M. and the meeting adjourned. A true record, Attiet: CU , ea a • • • •