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HomeMy WebLinkAbout1950-01-03-min 503 SELECTMEN'S MEETING January 3, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room Town Office Building on Tuesday January 3, 1950 at 7:00 P. M. Chairman Emery, Messrs. Gay , Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. Ralph W. Cowdry, 1055 Massachusetts Avenue Arl- ington, met with the Board relative to veteran lot #3, Hill Street., The Chairman explained that the Board has received requests from veterans for lots and would like to determine whether or not those veterans having lots actually intend to build and if so when. Mr. Cowdry stated that he has had his lot a little over one year, but at the present time his finances are such that he cannot proceed with construction. He explained that he has been living, until recently, with his mother- in-law and it will take some time before he is financially able to build his house. The Chairman explained that the Selectmen are not anxious to press the restrictions but would like to make sure that all those veterans who have been assigned lots really intend to build on them. Mr. Cowdry said that he is definitely interested and wants tO build. He said that several of his friends have built on a veteran' s lot. He has two children and does _ not believe that Masaachusetts Avenue, Arlington is the Veterans place for them to be brought up. Lots The Chairman asked if Mr. Cowdry had plans prepared and he replied that he has his own general ideas but has not as yet seen an architect to have his plans drawn. Mr. Cowdry asked if there tere any deadline as to when he must have his house built and the Chairman said that the deadline has long past. Mr. Cowdry stated that the earliest he could build would be a year from this coming spring and possibly not until the fall. The Chairman explained that if the situation becomes such that the Board feels justified in requesting further information Mr. Cowdry would probably be invited to meet with the Selectmen again. He said that if, in the meantime, Mr. Cowdry does not intend to build on the lot, the Board hoped that he would release it. Mr. Cowdry retired at 7 :05 P. M. Mr. Carl R. Petterson, 8 Hill Street, Lexington, met with the Board relative to veteran lot #12, Cedar Street. The Chairman explained that the Selectmen would like to know whether or not Mr. Petterson is interested in build- ing a house on his lot, because several requests have been received from other veterans. 504 Mr. Patterson stated that he is very much interested in the lot, but 4e cannot afford to build now and does not know when he will be in a position to start construction. He ex- plained thattwo years ago he made a deposit on this lot with every intention of building, but he has since married. The Chairman said that as long as lots are available the Selectmen would like to have the boys keep 'them„ but if more requests are received from lots, something may have to be done about having those released which have not as yet been built upon. He said, however, that the Selectmen would invite Mr. Petterson to meet with them before taking any action and asked if such an arrangement would be agreeable to him. Mr. Petter- son replied in the affirmative and retired. Memo was received from Albert D. Evans, 49 Outlook Drive, relative to veteran lot #15, Cedar Street. Mr. Evans stated that he intends to build a house but wants to wait until his son and daughter, now attending a teachers' college in Alabama, return. Both children are veterans. His daughter will gradu- ate in June, 1950. The Clete was instructed to write Mr. Evans and ask him to qualify the situation as to the status of his plans, and to advise the Board as to just when he intends to start con- struction of his house. Letter was received from David G. Govan, 1834 Massachusetts Avenue, Lexington relative to veteran lot #20, Cedar Street. He stated that he definitely does plan to build on this lot and that his plans have been accepted by the Planning Board. His reason for not building is because he is not financially able. He does not want to take a chance of losing his house when it is built. Mr._ Joseph H. DeFoe, sup't. of Pulbic Works, met with the L inehan Board. better- Further consideration was given to Mr. Charles A. Linehan's went request for an abatement of the water betterment assessments assessment levied against his property on Westview Street. A majority of the members of the Board inspected the property and it was unanirnoutly agreed to reduce the assessment levied against the parcel of land on the westerly side of the street to $150. It was the opinion of the Board that this lot has received a betterment not less than what would aacrue, to an ordinary Zoning Law Lot which would have to have a minimum of 100 foot frontage. The Board was not in favor of abating any portion of the betterment assessment on the easterly side of the street inas- much as the members who inspected it felt that it is a build- able lot. Mr. DeFoe informed the Board that he would like to in- crease the holdover in the Road Machinery Account from $3300 to $5,000 in the event he is able to purchase a large sidewalk tractor. _ 505 Mr. Hoyt stated that he frankly opposed increasing Sidewalk the amount of money to be held over and questioned whether tractor II the use of this equipment would justify spending $1200 or $1500 more of the town's money. Mr. Nickerson said that he would not want to have Mr. DeFoe purchase a small unit if he were convinced that the larger unit would do a better job. He stated that the Town of Arlington has the small tractor which apparently has been satisfactory. Following a general discussion it was decided to leave the order for the small tractor as it is and if it is not purchased further consideration can be given to the subject in the spring. Mr. DeFoe reported to the Board relative to request received from Hoseph Dattoli for the removal of two boulders from Albermarle Avenue. He said that he does Boulders not know whether they are boulders or ledge, and there Albermarle is a question as to whether they can be cut back or Avenue will have to be dug out. He explained that if they have to be taken out it will cost approximately $300. It might take two or three days; two men for drilling and one on the shovel. He said that any blasting were done there is the possibility of shattering. Mr. Hoyt asked if the street would be left the way it is if the boulders are removed and Mr. DeFoe replied in the affirmative. The Chairman stated that the appeatance of the street would be improved if the boulders are removed and he thought the situation had been aggravated somewhat by the installation of the sewer. Mr. Gay reminded the Board that Albermarle is an unaccepted street and raised and question as to whether or not removing the boulders would invite similar requests from other streets. Mr. DeFoe was requested to report further on the problem next week. Mr. Harold Stevens, Town Counsel, arrived at the meeting. Further consideration was given to Mr. Cataldo's request for an abatement of the sewer betterment assess- Cataldo ment levied against his property on Bow Street. A assessment majority of the members of the Board inspected this property and Mr. Gay stated that he believes thea are some fine house lots in this parcel of land. he said, however, that there is one thing which might enter into this And that is the fact that Mr. Cataldo has given the town a sewer easement. Mr. Driscoll agreed with Mr. Gay and he said that he would go along with the Board if it is determined that the sewer easement should be considered. The Chairman asked if the lots are buildable and both Mr. Hoyt and Mr. Driscoll replied in the affirmative. The Chairman explained the situation to Mr. Stevens and asked if it would be legal for the Board to reduce the amount of the betterment assessment by a sum which the 500 Board feels to be a fair compensation for the sewer easement . which Mr. Cataldo gave the town and for which he would not accept payment. Mr. Stevens replied that he would prefer to check on the situation further. Mr. Nickerson said that as he understood the matter, Mr. Cataldo is not interested in any agreement and he did not believe the Board would get anywhere in offering Mr. Cataldo a compromise. The Chairman agreed and said that if the Board is willing and it is legal to offer him a compromise he might accept it. He said that he would like to offer a compromise even if Mr. Cataldo declines it. Mr. Stevens agreed to give the Board an opinion. The Chairman said that when water was piped up Oak Nieholst Street in 1942, Howard Nichols, or he and his brother and farm sister owned the so-called Nichols ' farm which was later assessment sold to Mr. West. When the water was installed, the Selectmen, upon the advice of Mr. Wrightington, made an agreement with Howard Nichols, who at that time was the leLal owner of the fee or at least the representative of the Nichols family. He read the agreement and explained that a bill was mailed lin 1948 but the amount due never paid. The Chairman gave the bill and agreement to Mr. Stevens and asked him to determine if the Town has a point of action, and who should be responsible for the bills. The Chairman brought up the subject of acquiring a parcel of land on Marrett Road, suggested by Mr. DeFoe, to eliminate going through ledge in the construction of the Farmcrest sewer. He said that there is one aspect to taking this lot and that is that it willeone out of taxable Land taking town property, and will no longer be a site for a home or Farmcrest bring in revenue . He e2plained, however, that Mr. DeFoe' s sewer proj.figures show a saving of 45,00Dby installing the sewer through this particular lot of land. He said that he; Mr. Driscoll and Mr. Hoyt agree that it would be to the town' s advantage to purchase the lot. Mr. Nickerson said that,he has seen the lot, is familiar with it and would vote to puiase it as he definitely believes it to be a good business deal. It was the sentiment of the Board that the Town acquire the property and Mr. Stevens expressed the opinion that he thought it should be acquired by a taking. H e explained that the Statute makes it clear that the Town can ta14e property by eminent domain for sewer purposes but it does not mention puchasing property. HeEsaid that the Town cannot buy for a price which is more than 25% of the average assessed value for the last three years . He said that he thought in this instance it would be much better to make a taking under the vote of the Town Meeting. If a taking is made, take a fee and obtain a release of damages and a confirmatory deed from the present owner. The Chairman asked if, after the Town took the fee, the land could be used for any municipal purposes and Mr. Stevens replied that he thought so but would prefer to check to make sure. 507 The Chairman asked if Mr. Stevens favored taking it in fee and he replied in the affirmative. Mr. Stevehs presented an order for the taking in fee of two parcels of land necessary for the installation of a sewer main in Grapevine Avenue and Marrett Road. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was ordered: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington , held this 3d day of January, 1950, it is ORDERED:- WHEREAS, by a unanimous vote of a Town Meeting duly called, warned and held the 7th day of March, 1949, in ✓ accordance with the provisions of law applicable thereto, to wit: at the adjourned session thereof held on April 4, 1949, the Selectmen were authorized and empowered on behalf of the Town of Lexington to install sewer mains in such accepted or unaccepted streets as might be applied for during the year 1949 and to take by eminent domain or otherwise acquire any easements or other interest in land necessary therefor, and an appropriation of money was made for the purpose, as will more fully appear by reference to said vote, an attested copy of which is annexed hereto, and WHEREAS, pursuant to said vote orders for the construction of common sewers in Grapevine Avenue and in Marrett Road in said Town of Lexington were duly adopted by the Selectmen at a meeting duly held on October 31, 1949, copies of said orders being recorded in Middlesex South District Deeds, Book 7501, Pages 40 to 43. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 79 of the General Laws of Massachusetts and all acts and amendments thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee for the purpose aforesaid, two parcels of land within said Town, said parcels being Lots No. 72 and No.84 on a plan entitled "Plan 2, Section 2, May, 1919, C. H. Gannett, C . E,, ' and recorded with Middlesex South District Deeds, Book of Plans 274, Plan 43, together bounded and described as follows:- SOUTHWESTERLY by Marrett Road, formerly Middle Street, fifty (50) feet; NORTHWESTERLY by Lot No. 83 and by Lot No. 73 on said plan, two hundred thirty (230) feet; NORTHEASTERLY by Grapevine Avenue, fifty (50) feet, and 5©8 SOUTHEASTERLY by Lot No. 71 and by Lot No.85 on said plan, two hundred thirty ( 230) feet; said two lots together containing 11,500 square feet of land, more or less. All trees upon said land and structures affixdd thereto are included in the taking. We award the damages sustained by persons in their property by reason of the taking -hereby made as follows: To Ralph L. Santos and Lucinda C. Santos, husband and wife, both of Cambridge, Middlesex County, Massachusetts, the sum of One (1)• Dollar. In so awarding damages, we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but, if the name of the owner of any interest in said land is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us, and, in' such case, our award is made to the lawful owner or owners there- of. Betterments are to be assessed for the improvement for which this taking is made and have been estimated in the afore- said orders for construction of sewers, copies of which are recorded in said Deeds, Book 7501, pages 40 to 43. WITNESS our hands at said Lexington the day and year first above written. George W, mery Lewis L. Hoyt William H. Driscoll Donald E. Nickerson Frederick M. Gay Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. January 3, 1950 Then personally appeared George W. Emery, William H. Driscoll, Donald E. Nickerson, Frederick M. Gay and Lewis L. Hoyt, known to me to be the duly elected, qualified, and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be the free act and deed of the Town of Lexington. Before me, Hazel J. Murray Notary Public 509 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that at the Town Meeting of Lexington, duly called, warned, and held, the 7th day of March , 1949 in accordance with the provisions of law applicable thereto, to wit: at the adjourn- ed session thereof held on April 4, 1949, the following vote was unanimously adopted:- Article 13. "VOTED: That the Selectmen beend they hereby are authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1949 in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any easements or other interest in land necessary therefor, and to appropriate therefor the sum of $ 198,000.00 of which 08, 000.00 are to be transferred from the Sewer Assessment Fund and the balance of $190,000.00 are to be raised by the issue of bonds or notes of the Town; and that the Treasurer with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $190,000.00 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws, Chapter 44, within a period not exceed- ing thirty years. " Carried unanimously 8:55 P. M. A true copy. Attest: /s/ James J. Carroll Town Clerk January 4, 1950 Lexington, Massachusetts I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify that the above is a true and exact copy of ARTICLE 13 as passed at the adjourned Town Meeting held April 4, 1949 and as same appears on record. /s/ James J. Carroll Town Clerk 510 gld Mr. Stevens reported that he di.cussed with Mr. and Mrs. Ralph L. Santos the question of damages resulting to them from the taking of their two lots of land situated respect- ively on Grapevine Avenue and Marrett Road, and that Mr. and Mrs. Santos would accept $1,100 and give confirmatory deed and release. It was thereupon: VOTED: To pay Ralph L. Santos and Lucinda C. Santos $1,100 dambges for the two parcels of land taken from them by order adopted January 3, 1950, and received confirmatory deed and release. Letter was received from Mr. Lynch, together with copy Bishop' s of his letter to Board of Health, relative to Mr. Bishop's complaint complaint with reference to the keeping of chinchillas in a cellar next to his property. Mr. Stevens took the entire correspondence. Mr. DeFoe retired. Chief John W. Rycroft, of the Police Department, Messrs. Lewis and Littlejohn, engineers for General Radio met with the Board relative to the bids received on December 19, 1950 for two-way radio equipment. Mr. Lewis presented, and the Town Counsel read, an appraisal of the proposals made by the .five bidders, taking into consideration all the facts presented in the proposals and factors not specifically covered by specifications or the proposals submitted. The .complete analysis is on file in the Selectmen' s Office under Bids 1950. Mr. Stevens said that the questiom had been asked him if it were legal to allow Harvey to come in and say how much they would supply the eliminator for after the bids had been opened. He said that this has been done in some cases, but if often leads to trouble. He stated that he does not know of any case where this particular thing has been tested, and that as a matter of law he did not think bids should be changed once they have been received. He said that if the Board finds the bids are not satisfactory because of omitted items or specifications not complete, they may be rejected and if so he did not believe anyone could complain. Mr. Littlejohn informed the Board that Ryatheon, as far as he knows, has not made an installation of the new line. Mr. Lewis stated that Raytheon has no production on the fixed receiver. Mr. Stevens mentioned that Raytheon has been rated by the engineers as second on an overall basis and Mr. Lewis explained the rating as second simply because the price is low. He stated that he has attempted to contact the Link representative to find out whether or not the eliminator has been included in the bid. He said that if there is a chance that a local firm could do the job he would like to J consider them, but he definitely thought Link to be the better buy for the town from the standpoint of service, reliability 51. 1 and everything else. Mr. Lewid informed the Board that Raytheon does not manufacture the equipment here and they have never made it before. He saidthat it may be all right to purchase the equipment from Raytheon on the basis that it is cheaper, but if the Board wants what the engineers believe a police department should have, they recommend purchasing some other equipment. Mr. Stevens said that he had discussed with Mr. Littlejohn, the possibility of having a demonstration and was advised that demonstrations actually do not prove anything. It may take two years to determine how satisfactory a set is going to perform. Mr. Lewis said that he has never seen any guarantee stated in terms. The equipment is guaranteed to operate properly and to meet performance specifications for one year but no guarantee is made of the vacuum tubes because the manufacturers do not guarantee them. He said that from his experience he believes the specifications recommended by him and Mr. Littlejohn will provide a satisfactory system. Mr. Nickerson said that in private business the re- commendations of the engineers would be accepted. Mr. Stevens said that he would prefer to contact Link before the contraat is awarded to make certain whether or not the eliminator is included in the bid. The Chairman said that he would like to have a demonstration and Mr. Littlejohn stated that the accepted bidder could set up a temporary until as they have done in some instances, but it does not prove any- thing. Mr. Hoyt said that he would be willing to accept the Link bid providing the eliminator, which amounts to $105, is included in the bid and a test can be made. Mr. Driscoll said that he would take the recommenda- tions submitted by the engineers . The Chairman authorized either Mr. Lewis or Mr. Littlejohn to contact the Link representative, without making any commitment, to find out about the eliminator. They were also authorized to arrange for a test. The engineers retired at 9:15 P• i . Chief Rycroft informed the Board that his attention had been called to the advertisement in the local paper whereby Shoppers Haven, Marrett Road, is conducting a regular business on Sunday. A notice was sent calling Sunday attention to the Sunday law and the police made periodic Sales checks. However the proprietor knows the local police ]biolation officers and makes no sales while they are in the s{pre. The Chief went to the District Attorney who assigned anofficer but felt that desired results would not be obtain if an arrest were made and an appeal taken before a jury. He suggested that the police department make an effort to obtain some evidence to be presented to the Board of Selectmen who could then revoke or suspend the Sunday Sales license. 512 The Chief said that he then contacted the State Police and an officer was assigned to the case. Last Sunday the Chief gave the officer five dollars and instructed him to survey the store and purchase a pound of ham. Mr. Edward G. Conrdad of the Concord Barracks took the money and made the purchase. Sergenat Knapp and the Chief later had a talk with Mr. Kraff, the proprietor, who denied that any ham was sold on Sunday. The Chief recommended that the board suspend or revoke the Sunday Sales License, but said that he would leave this up to Town Counsel. Mr. Stevens agreed to check the Statute and advise the Board as to the best procedure. Chief Rycroft retired at b1.3O P. M. Mr. and Mrs. Nicoli met with the Board to again request abatement of the water betterment assessment levied on their property on Cummings Street. Mr. Nicoli stated that there is no water pipe in front of his property. The Chairman said that the Board would view the property Saturday morning before taking any further action. Mr. and Mrs. Nicoli retired at 9:40 P. M. Mr. Gay, at the request of the Chairman, conducted the meeting for the balance of the evening. Letter was received from the Pleasant Associates, pur- Request chasers of the Harvey C. Wheeler estate on Lowell Street. for The letter stated that 200 houses are to be constructed, Water beginning in March, 1950, and approximately 10,000 feet pipe of water pipe will be needed. It was agreed that the group should be advised that no commitment whatsoever can be made in view of existing needs in Lexington for extensions of water mains and strengthening the present system. Petition was received signed by residents of North Side- Hancock Street requesting the construction of sidewalks. walks The Board felt this was an item to be considered in the 1950 budget and the Clergy was instructed to give a copy of the petition to the Superintendent of Public Works. Letter was received from Mr. Lynch, together with a copy of his letter to the Board of Health, relative to A Complaintcomplaint received from Frahk K. Biehop with reference to - chinchillas being kept in his neighborhood. Mr. Stevens took the entire file on this subject. Mr. Stevens retired at 9:45 P. M. Veterans Letter was received from Anthony Zarella, 15 West Lot Court Terrace, Arlington stating that he enlisted from Lexington and would like to purchase Lot #1, Hill Street. The Clerk was instructed to invite Mr. Zarella to Meet with the Board next Monday night. 513 Application was received from the V.F. I. requesting permission to conduct meetings in Estabrook Hall and a Use of Hal: conference room on January 4th and 18th from 8 00 P. M. until 11 :00 P. M. Mr. Hoyt moved that the uses be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. Upon motion of Mr. Hoyt, seconded by Dr. Driscoll, it was voted to renew the following licenses : Licenses L. J. Foss 1734 Mass. Ave. Common Victualler (renewal) Johnsons 966 Waltham St. " ' " Hattie E. A. Peckham 37 Hancock St. " " " Minute Man Cafe 1715 Mass . Avenue " n " Anna E. Phillips 1800 Mas . Ave. " " " Wildacre Inn 50 Percy Rd. Innholder " Feed N. Viano 1794 Mass . Ave. Sunday Movies " Anthony Ferriera 249 Marrett Rd. Peddler' s License ft William F. Reidy 109 Bow St. 2nd Class Agent " Application for renewal of -Common Victualler's License received from Shoppers Haven was held over. On Thursday, December 29, 1949, the Town Clerk and a majority of the Board of Selectmen met in the Selectmen's Jurors II Room and the following jurors were drawn: Howard W. Howes, Jr. 35 Bowker Street drawn to serve on Civil Business, First Session at Cambridge beginning February 6, 1950. Preston E. Maxwell, 22 Downing Road, drawn to serve on civil business, Second Session at Cambridge beginning February 6, 1950. "- It was agreed to meet Saturday morning at 10 :00 A. M. r to consider budbet' for 1950. The meeting adjourned at 10:35 P. M. ;If.allajetileci*4-14-1"---tmen.