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HomeMy WebLinkAbout1952-01-07-min SELECTMEN' S MEETING January 7, 1952 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday, January 7, 1952, at 7 :00 P.M. Chairman Nickerson, Messrs. Every, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt of Public Works and the Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for joint or identical locations of three poles on Oak Street. No persons were present in favor or in opposition. Mr. Burns informed the Board that the proposed poles will have to be moved back when Pole Oak Street is constructed. The Companies are Location not ready to do anything about moving the poles at the present time. Upon motion of Mr. Gay, seconded by Mr. FYnery, it was voted to approve the following pole locations, to be moved when Oak Street is widened: Oak Street, southeasterly from a point approximately 400 feet southeast of Massachusetts Ave. (3 ) three poles. (2) two exist- ing jointly owned poles to be removed . At 7 :03 P.M. hearing was declared open upon petition of the Boston Edison Company and the New England Telephone & Telegraph Company for joint or identical locations of four poles, three guy wires and anchors on Grove Street. Messrs. Ernest Johnson, Everett Kourian and Royal Chandler were present at the hearing. The Chairman presented a plan submitted by the petitioner and Mr. Burns explained that if any Bole anchoring is to be done on private property it kation is up to the petitioner to contact the property owners. He stated that the Town is concerned only with what is shown on the plan as being located in the street. Mr. Johnson said that he is interested only in possible blocking of the road and whether or not the poles will be located on his property and Mr. Kourian said that he does not want any installation unless he knows about it. The Chairman informed the group that the Board will note to the petitioner that if these locations are approved, the petitioner is to contact the people whose property the poles abut. 98 Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the petition and sign the order for the following locations, providing the poles still remain on the north side of Grove Street: Grove Street, northwesterly from Robinson Road, Four (4) poles. Two guy wires and anchors to the first pole. One guy wire and anchor to the second pole. One existing i/o pole to be removed. The group retired at 7:20 P.M. Hearing was declared open upon petition of the New England Telephone Company for permission to lay and maintain underground conduits and manholes, with the wires and cables to be placed Underground therein, under the surface of Locust Avenue. Conduit No persons were present in favor or in opposition. Upon motion of Mr. EMery, seconded by Mr. Gay, it was voted to grant the following under- ground conduit location: Locust Avenue: From a point approx- imately 69 feet southwesterly from intersection of Massachusetts Avenue, southwesterly, southerly and south- easterly to pole #56/3, approximately 334 feet. Mr. Burns retired and Rev. Francis J. Murphy, pastor of the Sacred Heart Church met with the Board. He explained that he was present in re- gard to the parking problem at his church. He stated that he had a visit from the Chief of Police who said that it had been recommended that the angle parking be abandoned on Follen Old Adams Road. He said that he thought it might be School Lot possible to secure the vacant land opposite the Follen Church on Massachusetts Avenue and if so it would relieve the pressure. The Chairman asked if the parish would make an offer and Father Murphy replied that he would go to see the Archbishop. The Chairman said that he did not know whether the land could be sold or not, but that the Board would be glad to listen to Father Murphy's idea, consider it and see what the situation is. 99 He explained that the Board had asked the Chief to study the situation and let it know how many parking spaces would be lost if the angular parking on the southerly side of Follen Road were changed to parallel parking. Mr. Hoyt asked if Father Murphy thought the area would be used and he replied that he Old Adams thought the people coming toward the church School Lot would use it. Mr. Gay mentioned the possibility of leasing the property and Father Murphy said that he would be willing to secure it under any conditions because the situation is so acute something must be done. Mr. Driscoll asked if the area would be used for public parking and Father Murphy replied that anyone could use it and it took cars off the street for the Follen Church worshippers it would be all right. The Chairman said that the Board would try to find out what can be done with the land and Father Murphy retired at 7:35 P.M. Mrs. Lufkin, Mr. Dalrymple and one other individual, representing the Lexington Cab Co., met with the Board. IIThe Chairman said that he believed he had covered the problem when he visited the office the other :day and reported that the Board had an application from Mr. Durkin for a taxi stand at Znery Park opposite the corner store. Be said, in the interest of taxi service in the Town, the Board felt compelled to consider any such application and knew that the Lexington Cab Co. had very decided views on the subject when the question was raised before about Taxi these two stands. Stand Mr. Dalrymple said that the location is so close to his business that there will be friction between his drivers and Durkin's drivers. He said that Mr. Durkin could have had a telephone in Charles Vaughn's office. The Chairman referred to the location at the Town Diner and Mr. Dalrymple said that he does not have a lease, but a word-of-mouth agreement. He said that he paid 4300 for the location and 4100 for a sign. Mr. Dalrymple also said that Mr. Hoxie, the Station Agent, tolst him the railroad superintendent has three or four ideas re- lative to the station and it may be sold or torn down and if that happened, they would be without any stand, providing they gave up Waldron's. lobCO 00 Mrs. Lufkin said that persons who call for a cab do not like to wait and if their cabs are out, the customers will take one of Taxi Durkin's if it is located so close. Stand Mr. Dalrymple said that business is good now, but in the summer the cabs very often just sit in the yard. The Chairman explained that the Board desired to be friendly about this .matter and see if there are any new angles. Mrs . Lufkin said that she still hopes Mr. Durkin does not obtain permission to use the two stands. The group retired at 8:00 P.M. Mr. Every said that he thought the Lex- ington Cab Company Should release the stand at the Diner and Mr. Hoyt suggested that Mr. Durkin negotiate himself for the Diner location. Mr. Charles McLaughlin, a member of the Fawcett law concern representing Richard B. and Robert J. Fawcett telephoned and explained to the I Betterment Chairman that Fawcett 's premise for requesting an abatement of sewer betterment assessments was incorrect. Mr. Thomas Napoli met with the Board at his request. The Chairman said that he thought the only thing that needs to be done to con- , elude the matter of a water betterment assess- Napoli ment is for Mr. Napoli to write to the Board Betterment and ask to have the betterment deferred until Assessment such time as the land is divided and sold for house lots. Mr. Napoli said that this second assess- ment is a small figure and presumab1 he should pay it, but it would not be conalstent with the settlement of the first betterment on the same street. If the Board will allow him, he will write for deferment. He said that there is also the matter of his father's sewer betterment assessment of about $1,500 which he would also like to defer. He explained that the sewer would better the property but the revised Zoning By-law requires 125 foot lots and all the surrounding property is in lots of 50 or 75 feet. His father' s land is all farm land and the betterments would be inconsistent insofar as the price of the lots are concerned. The Chairman explained that Mr. Napoli ' s father could write to the Board and explain the situation. He said that the Board considers such subjects on their merits. •101 Mr. Napoli agreed to write to the Board on his betterment and have his father also write. He retired at 8:20 Y.M. Messrs. Emery, Burnham, Cass and Cronin of the Board of Assessors met with the Select- men. The Chairman explained that the Selectmen have studied a chart prepared by Mr. Cronin. He said that the Board had written to the Assessors because the Selectmen know that with which the Assessors are faced and that they have to put in a lot of time on their work. Mr. Burnham said that with a five-man Board two or three used to go out assessing, but with a three-man Board only one goes with Mr. Cronin. The Chairman asked if a three-man Board had made it more difficult and Mr. Burnham replied that it has not the way they have been operating. He said that Mr. Cronin, working with one of the Assessors, has a very good idea of what the values should be. He reported that he and Mr. Cronin did 180 parcels of land in about six hours . Mr. Leland Emery said that it is difficult to judge what time will be required. He and Mr. Cronin selected some streets which it is doubtful if they will have to stop at all. He said that complaints have dropped off; the total being 41 or 46. Mr. Driscoll asked if the Assessors Assessors thought they were spending too much time in their work and Mr. Burnham replied that, although the town is growing, he did not be- lieve so. He said what they need is help in the office. He stated that if it is satis- factory to have only one Assessor go out with Mr. Cronin it will be all right. However, if two have to go out with him it will be too much. The Chairman said that if the Assessors are covering the work legally, and the Select- men knew they were, and they' are satisfied in their own minds, the Selectmen would certainly not interfere. Mr. Burnham explained that only one man goes out with Mr. Cronin, but the entire Board determines the values. 11 Mr. Hoyt said that smaller towns have a full-time Board and asked if Lexington was being adequately served. 102 Q. 0D Mr. Leland Emery said that he supposed at some point the Town will be large enough to need a permanent Board. Mr. Hoyt asked if the full-time Boards worked in the office or what kept them busy. Mr. Leland Emery replied that in some towns it is a rather easy job because the en- tire year is not occupied. He said that he would not say whether Lexington should go to 25,000 or 30,000 population before it has a full- time Board; that is a question of judgment. He said that the land will be done this year. It may be done in 120 days instead of 25, but they hope to have it done before the tax bills go out. The Assessors retired at 9:50 P.M. Mr. Burns and Mr. Stevens returned to the meeting. Letter was received from the Board of Health requesting a transfer of 6103.91 to take care of 1951 bills. Transfer Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to request the Approp- riation Committee to transfer the sum of $103.91 from the Reserve Fund to the Board of Health Expenses Account. Letter was received from Town Counsel with reference to water betterment account Cacciola #890-Biagio Cacciola. He recommended that no Betterment action be taken at this time to abate any part of the balance of the betterment assess- ment and that it remain on the Collector's books as an account to be collected. Letter was received from Daniel A. Gorman offering p500 for a portion of the Land so-called Richards land on Grant Street, Offer adjacent to the Mabey property. Mr. Emery suggested, and the Board agreed, that before any price is considered, the cost of the construction of the street be reviewed. Mr. Stevens informed the Board that he had reviewed the garbage contract, which is a two-year contract with option to extend it. It has only a one-year bond, however, and Garbage that was done with everyones approval because Contract the contractor had said it would be so ex- pensive to secure .a two-year bond. The bond for the second year is supposed to be given the Town at least sixty days ,prtor to the commence- ment of the second year. If the contractor does not present it, the Town can then terminate the contract. 108. Mr. Stevens said that the bond protects the Town until April 17, 1952. From that time on there is no bond. If the Selectmen make no adjustment in the contract and the con- tractor does not furnish a security company bond, there is the question as to whether the Board wants to go without a bond or terminate the contract and hold the contractor person- ally liable for damages. If the Board has to pay more to someone else, Mr. Roketenetz will be liable for the difference. Mr. Stevens said that ordinarily there is no consideration for a promise to pay more money to anyone already bound to per- form under a contract. The Massachusetts Court has made an exception that if a per- son bound by contract refuses to perform, then if the Board, on the other side, agrees to pay him more money in order to get him to agree to do the work, there is consider- ation in that second promise. On that basis if Mr. Roketenetz refuses to perform, and the Board agrees to pay more money to get him to perform, and then changed its mind, he could sue and collect. Mr. Stevens said that, this being so, he thought the Board could justify authority to pay him more money which would be done by an amendment to the contract, in- creasing the amount for the second year. He said that the Board would also want to consider, in the amendment, if the option to extend the Garbage contract for a third year is to be taken out. Contract Mr. Emery asked how this would fit in with the By-laws requiring bids for amounts of $1,000 or more and Mr. Stevens replied that the Board would be amending a contract which now exists and in his opinion can be done. The Chairman said that Mr. Stevens seemed to infer that it really comes down toa matter of the judgment of the Board and Mr. Stevens said that he is assuming that it is not going to be too large an increase. He said that if it were the thought of the Board to double the amount he would not approve it. He said that the Board should have some information as to what the town would have to pay if the Board were to readvertise and award a new contract. He said that he thought the Board might well consider amending the present contract. The Clerk was instructed to place the subject on the agenda two weeks from tonight. 104 m. Mr. William G. Potter, Chairman of the Board of Cemetery Commissioners, met with the Board and presented a plan of Westview Cemetery He explained that the land in Bedford adjacent to the cemetery is being staked out and if sold could possibly ruin that area of the cemetery. The Commissioners would, therefore, like to purchase fifty or seventy-five feet of land Article re and plant it with trees which would protect Cemetery the present cemetery area. He said that the Land Selectmen would have to purchase the land as the Commissioners do not have such authority and he thought it would be better if the Selectmen also inserted an article in the warrant to cover the subject. He explained that Mr. Spencer had been negotiating, on behalf of the Commissioners and they have in mind a figure of 41,000. There are two owners with which to deal and the Commissioners will continue the negotiations, Upon motion of Mr. finery, seconded by Mr. Driscoll, it was voted to insert an article in the warrant for the 1952 Annual Town Meet- ing relative to the purchase of a parcel of land located in Bedford, adjacent to the West- view Cemetery, to be planted and landscaped but not to be used for burial purposes. Mr. Potter retired at 9:35 P.M. Mr. Stevens said that the Town of Bedford filed a Bill with the Legislature which will come up for hearing next Monday. He said that he had tried to secure copies but it has not Bedford yet been printed. Mr. Wright, of the Public Sewer Health, read Mr. Stevens his copy but he told Bill Mr. Wright he thought it was undesirable to have Legislation on the books to have Bedford construct sewers in Lexington. He suggested that the Board attend the hearing and ask to have the Bill held in order to give the two towns an opportunity to complete negotiations. Mr. Stevens referred to Lots 131 and 132, Marrett Road and reported that a decree was Tax Title entered in the Land Court and he recorded Property notice of disposition last Friday. The Board instructed Mr. Stevens to proceed to prepare the deed conveying these two lots to Nicholas Thambash as voted by the Selectmen in 1945. Mr. Stevens retired at 10:00 P.M. L. - — — 10®5 The Chairman mentioned the fact that some decision should be made as to what Streets streets are to be recommended for acceptance to be so that articles may be inserted in the considered warrant and hearings scheduled . It was agreed to consider Woodcliff e, Normandy, Hudson, Underwood; Castle, Hayes, Wilson, Hillcrest; Preston, Independence and Barrymeade. Letter was received from Joseph A, Busa, 52 Lowell Street, together with an estimate of cost of two new tires in the amount of $52.10. He claimed to have damaged two tires, beyond repair, driving over a hole in Woburn Street. Mr. Burns reported that there was a Busa water trench, to service Modoono's new house, Claim which was filled, but part of it was lost. He said there is no doubt about the fact that the trench went down but he questioned the extent of damage. The claim was referred to Town Counsel. Letter was received from Tekla and Elsie Berlin, 792 Waltham Street, with reference to a water betterment assessment in the amount 111 of $120. The house is located on Lot 38 Tekia and part of Lot 37, which is near Blossom- Water crest, but it faces Waltham Street and is Betterment serviced from Waltham Street. The Teklas are Assessment willing to pay the betterment on Lot 37 which they claim is approximately ten feet. Mr. Burns said that he thought the request for abatement of a portion of the bill is justified. Upon motion of Mr. Every, seconded by Mr. Gay, it was voted to abate an amount of the bill to be figured and recommended by Mr. Burns. Letter was received from Francis L. Barry, 36 Paul Revere Road, advising that his lawn was damaged by a scoop shovel Barry owned by S. Cali, contractor installing a Claim water main. This is something between Mr. Barry and Mr. Cali, but Mr. Burns agreed to contact Mr. Cali. Letter was received from Neil McIntosh with reference to a water betterment assess- McIntosh ment levied against land owned by him and Betterment located on Wachusett Drive. He requested an' Assessment abatement of the $300 betterment inasmuch as the land is assessed for only $100. The Board agreed to view the property before making any decision. 106 LU VD Letters were received from the U. S. Sewer and Army Corps of Engineers regarding water Water - supply for the Air Force Bedford ResearchII Bedford Center and Hanscom Air Base and also sewage Research disposal for same. Both letters were referred Center to Mr. Burns with instructions to bring them up again when he has had an opportunity to study them. Letter was received from Donald K. Irwin, Bldg. By- Chairman of the Committee to revise the law Com. Building By-laws, advising that the Committee Clerical estimates the cost for typing the necessary Work Funds data for printing to be 4150. It was agreed to include the sum of $150 in the Unclassified Account to be used by the Building By-law Committee for clerical work. Report from the State Division of Insurance Insuranpe of the recent examination of the Report Lexington Retirement System was noted and placed on file. The Chairman and Mr. Burns retired at 10:45 P.M. and Mr. Driscoll acted as Chair- man for the r est of the meeting. Letter was received from Mrs. Catherine II R. Curring, 425 Washington Elms, Cambridge advising that she will pay $50 plus $40.02 Tax Title costs, price entertained by the Board, for Property Lot 251 Wood Street, adjacent to Lots 252 and 253 which she now owns. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to sell and convey Lot 251 Wood Street, Lexington, to Mrs . Catherine R. Curring for a total amount of $90.02. Application was received from John J. Driscoll, on behalf of the Knights of Columbus, requesting permission to conduct a Sports Lecture in Estabrook Hall on the evening of January 24th. Uses of Inasmuch as a Cary Lecture has been Halls scheduled in Cary Hall for the same evening, it was voted to deny the application and to advise Mr. Driscoll that the Board would con- sider a request for the use of the hail on some other evening. Upon motion duly made and seconded, it was voted to grant the following uses of halls : Marcia Dane Estabrook Hall Citizens Meeting 1/28 fill Rev. Crawford Smith Cary Hall Concert 2 1 $35. Bos. Mktt Gardeners " a Banquet 2/21 35. Let. Lions Club s " Concert . A/4 35. Lex, Choral Society II II Rehearsal 4/26 free Lex. Choral Sooiety It " Concert .4/27 free 107 Upon motion duly made and seconded, it was voted to renew the following licenses: Licenses William DeFelice 80 Westview Street Peddler Anthony Ferriera 249 Marrett Road Simonds Pontiac 7 Mass, Avenue 1st Class Agent Lexington Theatre 1794 Mass. Avenue Sunday Movies Mr. William F. Reidy's Application for renewal of his Second Class Agent License at 109 Massachusetts Avenue was held over. The meeting adjourned at 11:05 P.M. A true record, Attest: C r