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HomeMy WebLinkAbout1944-05-08SELECTMEN'S MEETING May 8, 1944 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 8, 1944, at 7:30 P.M. Chairman Locke, Messrs. Rowse, Sheldon and Sarano were present. The Clerk was also present. At 7:30 P.M. Mr. Spencer appeared before the Board. Mr. Spencer said that he wanted to know if there is any way *hteh would make it possible to increase the salaries of the two Senior Clerks, Miss Thompson in the Tax Col- lector's Office, and Miss Ready in the Assessors' Office. Mr. Spencer said that Miss Thompson has worked for the Town eleven years and Miss Ready twenty-five years. Mr. Spencer said that both girls were efficient and, he believes, that for the work they do and the responsibility they assume, they should receive 630.00 a week. Mr. Sarano asked if a 63.00 raise would tend to im- prove the harmony in these two offices, and Mr. Spencer replied that he did not belleyeit would. After further discussion on the matter, the Chairman informed Mr. Spencer that the Board of Selectmen would have to discuss this subject and take it up With the Appropriation Committee. Mr. Spencer retired at 8 P.M. Mr. George W. Emery, Chairman of the Board of Fire Engineers, Mr. William Roger Greeley, Chairman of the Planning Board, Mr. Lewis L. Hoyt, Chairman of the' Appropriation Committee and Mr. S. R. Wrightington, Town Counsel, appeared before the Board. The Chairman said that he thought much time could be saved in talking specifically on Town Meeting and the details to be covered in the Warrant. Mr. Emery said that he believed that all the details had been obtained. He said that the Board of Selectmen reported to the Board of Fire Engineers on April 11, 1944, that the Selectmen had approved the recommendation of the Fire Engineers establishing in principle the site of Bedford Street for a new Central Fire Station. Mr. Emery said that the Selectmen had appointed a Committee of three consisting of Mr. Locke, Chairmen of the Board of Selectmen; Mr. Greeley, Chairman of the Planning Board; and himself, Chairman of the Board of Fire Engineers, to proceed with the further investigation as to sites, borings, options, etc. Mr. Emery reported that the Committee visited Bedford Street and inspected available sites: there carefully. 481 Senior Clerks Increase New Central Fir e Station 482 He said there were three possible aitees. The first one considered was between Custance Mill and the small house at the brook on the westerly side of Bedford Street, directly opposite the lumber yard. This is low land which has been filled in to some extent and through it flows a small tributory of the brook which is called th North Lexington Brook. Mr. Emery said the visibility both to the left and to the right from this particular site is not very good and, therefore, this was not the first choice of the Committee. The second site considered was on the same side of the street a little nearer the Center on the other side of the brook on land which is now a garden next to a small house owned by Mr. LeGraw. This particular land abuts on the brook, and is from 6' to 10' below street level. Mr. Emery said that the visibility is not good and any frontage needed would have to be filled in, He also stated that the Town would become involved in a damage suit by the man whose properyy the Town would take. The third site considered was on the other side of the street next to Jdhnson's Garage, and the Com- mittee thought this to be, by far, the most desirable. This land is filled in about 2' below the street level for a distance of 200' from the street line. The visibility both left and right is excellent. Mr. Emery said that Johnson's Garage sets back from Bedford Street about 40'. He has not as much frontage as he would like, but there is room enough to allow him to have 30' if the Town so desires. Mr. Emery stated that borings had been taken and a compact foundation was found 6', 8', 9' and 11' res- pectively. He stated that the water level is approximately the brook level and no doubt it would fluctuate different seasons of the year. It would not be necessary to have a basement except under part of the building. Mr. Emery said that the Committee has selected a site, had the borings made, and they were satisfactory. The next thing was tb obtain an option. This land, owned by Mrs. Phelps, comprises 4a acres, including the land on which the house and the barn sets. The front piece is approximately one acre and is assessed for 41,000.00:. The other land is assessed on an acreage basis for around 12c per foot. In the option which Mr. Wrightington drew up, a depth of 275' was specified. He said that all of this land would not be needed, but it is so cheap that it would be better to have good depth. The total ffontage included in this suggested boundary is about 66,000 feet. Mr. Emery said there is some doubt as to whether or not Mrs. Phelps' land goes across the brook. thq 1 483 Mr. Emery said that he and Mr. Greeley had an appointment with Mrs. Phelps on Wednesday evening. She had indicated her willingness to sell, but wanted her son present at the time of the discussion. Her son was home from the Army and Mr. Greeley and Mr. Emery spent two hours tta1ltingthe matter over with them. Mr. Emery said the matter of assessment was emphasized, and he also told Mrs..Phelps that the property, he thought, was assessed on the under side rather than the over side, and that he did not think the Town would want to drive a shrewd bargain with a good citizen. Mr. Emery said that the figure he mentioned was $2,000.00, but Mrs. Phelps gave him to understand that she expected to receive $5,000.00. He suggested that Mrs. Phelps sign an option for $3,500.00, and she seemed about fifty-fifty inclined, but it was getting late and so he suggested that she think it over and call him when she was ready to have the papers picked up, but as yet he has not heard from her. Mr. Emery said that Mr. Wrightington advised him that the Articles will not need to specify a certain sum of money and preparations for a Town Meeting can be made if the Board is ready. The Chairman asked how much land is to be purchased for the $3,500.00, and Mr. Emery replied 66,000 feet. Mr. Emery said that Mry. Johnson has offered to take some land from Mrs. Phelps if it will help the trade with the Town.He said that Camellia Place is a private way with no legal status to it. The house, which is her property, carries with it a farm crossing across the railroad which was granted in 1873, when the Middlesex Central went through from Lexington to ffedfamil,and the crossing is still in effect. He said that the Town could take the land without giving her a right of way; however, in the option there is a reciprocal arrangemeeht whereby the Town agrees to afford to her a right of way along Camellia Place to Bedford Street, and she is to share with the Town her right of way. Mr. Rowse asked -what the rear portion of the land would be used for, and Mr. Emery said that the call men and regular men would use it as parking space, and it could also be used for drill grounds. Mr. Emery said that the Town should have the 2251 depth in order to control the culvert under Camellia Place. ' Mr. Sheldon asked what effect any other purchase or sales of the property wouldhave on Eminent Domain Proceedings, and Mr. Wrightington said that any actual sales would be evidence of value. He said that an option would not have as much bearing as an actual sale. Mr. Wrightington said that as he understood it, the Town, by an Eminent Domain taking, will take the land in front of the house and barn and maintain a right of way. 484 siq He said that the Town would have to make an $y Eminent Domain taking with some kind of a reservation to Bedford Street to Mrs. Phelps, in order to keep down the damages. Mr. Emery said that if Mrs. Phelps signed the option she would be given the right of way. Mr. Rowse asked if she had made such a request. Mr. Wrightington said that he thought she would want the right of way and if provisions were made in the option the rate would be cheaper. The Chairman asked what the next move would be, and Mr. Emery replied that an option should bd obtained. He said he had every intention of getting an option, even if the price is too high. He thought there should be one Article in the Warrant to purchase the property if an option is obtained, and one Article to take it by Eminent Domain. Mr. Wrightington mentioned that in speaking of the front land, Mr. Emery referred to ttaas thought it were assessed separately. Mr. Emery stated that this particular piece of land is known as the front acre and it was assessed for 44,000.00. - Mr. Greeley said that he had not wtd ed the subject as an architect, but merely as a member of the Committee, and he believes it would be necessary to bring in considerable fill. He doubted, however, if a station the type which they have in mind would need a basement. He said that if it did the basement could be somewhat above the level of Bedford Street. Mr. Rowse asked if this district were Commercial, and Mr. Emery replied that it was zoned as Business. Mr. Rowse asked if any agreement had been made with Mr. Johnson about any land belonging to him. Mr. Emerysaid that he told Mr. Johnson as far as he (Mr. Emerwas concerned, he would recommend selling 30' if the Town did not need it. Mr. Johnson wants this becatse his line is so close people coming into his filling station can barely make the turn to go out again. Mr. Johnson is now using 30' to 40' by perpmission from Mrs. Phelps. Mr. Emery said that there is room enough for an 80' station with 40' on each side, which would still allow 30' to go to Mr. Johnson. • Mr. Hoyt asked if the Selectmen had empowered this Committee to make a price, and Mr. Sheldon replied that they have the power to bring in an option which the Town must dedide upon. Mr. Emery said that he hoped the Town Meeting would be held by June 5, 1944. The Board felt that it might be well to have a little more time. 485 Mr. Wrightington suggested that enoughttime be allowed before the votes are drawn up so that something definite in the way of a plan may be drawn up by Mr. Cosgrove. He said that a General Article could be drawn, but he would prefer to have the Article for the Eminent Domain accurate. Mr. Rowse moved that a Town Meeting be held on June 12, 1944. Mr. Sheldon seconded the motion, and it was so voted. Mr.. Sheldon moved that an option be secured, if possible, from Mrs. Phelps. Mr. Sarano seconded the motion, and it was so voted. It was decided to have Mr. Emery obtain from Mr. Cosgrove annaecurate description of the land which is to be used in connection with the fire house. Discussion was held on other Articles to be inserted in the Warrant, and Mr. Wrightington said that he believed there should be a specific Article for the Bedford Street Site and also a General Article on the Central Fire Station. He said there should also be a specific Article for the East Lexington Fire Station on the present site, and a General Article for an East Lexington Fire Station. Mr. Emery suggested that a report be written up indicating the unity of the Board of Selectmen, Board of Fire Engineers, Planning Board and the Appropriation Committee, relitive to the Fire Station question. The group agreed to have sucha report completed and signed by the four Boards. The group retired at 9:40 P.M. Mr. Locke informed the Board that rather than to keep Mr. Paxton waiting, he asked him to leave his items which:he intended to bring up with the Board this evening. Bids were received for coal for the Cary Memorial and Public Works Buildings from Robert W. Fawcett & Son, Coal Inc. and Lexington Coal Company. Both concerns submitted Bids a bid of 09.80 per ton, delivered. Mr. Rowse moved that Mr. .Paxton be authorized to purchase his winter's supply of coal for the Town Office and Cary Memorial Buildings from Robert W. Fawcett & Son, Inc. at a price of 0.80 per ton; the coal for the Public Works Building to be purchased from the Lexington Coal Company at a price of 09.80 per ton. Mr. Sarano seconded the motion, and it was so voted. 486 Devine Drain aj The Chairman read, a letter from Mr. Paxton relative Sy to the Condinho complaint received last week about an overflowing cesspool. Mr. Paxton stated that in 1933 or 1934 the sidewalk was constructed on Waltham Street from Marrett Road to Allen Street. In front of the Condinho house it was necessary to excavate approximately 4' and to put in a rubble masonry wall. It was also necessary to excavate 25' inside the Condinho property to make a satisfactory driveway. After the excavation was completed, sewage seeped through the embankment to the sidewalk and in order to alleviate the situation a dry well was constructed in the Condinho driveway and connected to the cesspool. -Mr. Paxton reported that the original cesspool was not touched and is within 6' from the southwest corner of the house. • He suggested that a new cesspool be dug on the northeast side of the house in conformance with the present Plumbing By -Laws and stated that the Town has no responsibility in this construction. Mr. Rowse moved that Mrs. Condinho be informed that the recommendation was made that a new cesspool be constructed in compliance with the Plumbing By -Laws, and that she also be advised that the Town assumes no responsibility in this construction. Mr. Sheldon seconded the motion, and it was so voted. rn The Chairman read.e. letter from John H. Devine complaining that the drain in the rear of his residence is again becoming a nuisance. He claims that the water has reached its high mark. It is stagnant and mosquitoes are prevalent. Mr. Devine stated that unless something is done to alleviate the present unsanitary condition he felt that the residents in that vicinity would take action. It was decided to have the Chairman discuss .this complaint with Mr. Paxton. Petition was received signed by four residents of Hancock Street and one resident of Meriam Street com- plaining about a body of landlocked water on or near Land- property located at 63, 69 and 73 Hancock Street. The locked petitioners claim that thia condition is due to improper Water drainage under Coolidge Avenue. Hancock The Chairman said that Mr. Paxton had informed him Street that the only remedy for this condition is to lower the culvert again and inasmuch as Coolidge Avenue is not an accepted street, it is not the responsibility of the Town. The Chairman said that he would also take this up with Mr. Paxton. The Chairman read a letter from Mr. Wrightington advising the Board that he had received a copy of the notice from the County Commissioners of a hearing on the petition of the inhabitance of Concord, Lincoln and Bedford for the relocation or laying out of roads surrounding the Bedford Airport. The hearing is scheduled for Wednesday, May 24, 1944, at 2 P.M. at. the Town Hall, Concord. Mr. Sheldon moved that Mr. Wrightington be requested to attend the hearing in an effort to protect the interest of the Town. In the event that it is not possible for him to -represent the Town, he should designate some competent person to do so. Mr. Sarano seconded the motion, and it was so voted. Notice was received from the Land Court on the petition of one Mary McCann to register and confirm title on a certain parcel of land • on Cottage Street. If any objections were to be made by the Town, a written appearance must be made under oath setting forth specific objections. - Mr. Wrightington advised the Board that the Town has no interest in the hearing. No action was taken on the matter. 487 Hearing or Roads at Bedford Airport Land Court McCann Petiti on Playground The Chairman read a letter from Mr. Garrity in Instructor. which he submitted a partial list of playground instructora for 1944. Mr. Sarano moved that the list be approved. Mr. Sheldon seconded the motion, and it was so voted. Letter was received from Mr. Graves, together with papers from the Field Operations Officer requesting that a Free Space Agreement between the Town of Lexington and the United States Government, Office of Emergency Management, be signed. This agreement covers the use of the conference rooms in the Cary Memorial Building by the.War Price and Rationing Board. Mr. Sarano moved that the Chairman be authorized to sign the agreement. Mr. Rowse seconded the motion, and it was so voted. The Chairman, read a letter from Russell S. Jones, Commander of the Veterans of Foreign Wars, Post #3007, requesting permission to hold a "Poppy Drive" on Friday, May 26, 1944 and Saturday, May 27, 1944; the proceeds of which are to go to the Veterans' Relief Fund. Mr.,Sheldon moved that permission be granted to the Veterans of Foreign Wars to hold a "Poppy Drive" for one day only; Saturday May 27,-1944, and that a report of the amount raised by the "Poppy Drive" and how the funds are to be spent to be submitted to the Board of Selectmen. Mr. Sarano seconded the motion, and it was so voted. Free Space Agreeing V.F.W. Poppy Drive 488 Hen Permit Fuller Road Teachers Bonus Dedct'n Held Over Tax Sale Salary Inc. Letter was received from George P. Langton, 25 Fuller Road, stating that he understood that a permit to keep hens at 17 Fuller Road had been applied for, under the name of Woodbury. Mr. Langton said that he objected very strenuously to the issuance of such a permit as he believes that this is a residential section and should be maintained as such. The Clerk informed the Board that Mr. Lamont, Health Inspector, had recommended that the application be dead. Mr. Sheldon moved that the application be denied. Mr. Sarano seconded the motion, and it was so voted. The Chairman read a letter from Mr. Wright ingtomittt.tbgg that he had received a letter from Mr. FitzGerald of the State Department of Education advising that the Department had abandoned the position previously taken relative to deduction of the Teachers' Retirement Act from the bonus pMd to the teachers. Mr. Wrightington said that no further action by the Town would be necessary. Mr. Corsi's offer of $125.00 .for Lots 8, 9, 10, 11 and 12, Block 18, Reed Street was held over to be referred to Mr. Potter. Letter was received from Edward W. Cole, 78 Bertwell Road, agreeing to pay $350.00 for Lots 24 and 25, Block 20, Bertwell Road. Mr. Rowse moved that a proposal to sell the lots be advertised in the Lexington Minute -Man, and that further consideration be given the offer at the newt meeting of the Board. Mr. Sheldon seconded the motion, and it was so voted. Letter was received from the Appropriation Committee advising that the following salary increases had been approved: Rita J. McNamara, Senior Clerk in the Park a- partment, from 418.00. to *22.00 per week. Alice J. Corbett, Senior Clerk in the Highway and Water Departments, from $18.00 to $22.00 per week. Ruth Vaughn, Junior Clerk in the Highway and Water Departments, from $17.00 to $20.00 per week. One-half of this salary is to be charged to the Highway Department and one -Half to the Water Department. Eleanor P. Clifford, Junior Clerk in the Account- ing Department, from $17.00 to $20.00 per week.. Eleanor Heaney, Junior Clerk in the Assessors' Department, from $17.00 to $20.00 per week. Hazel J. Murray Clerk, Board of Selectmen, from $30.00 to $35.00 per week. Mary Jean Doherty, Junior Clerk, Board of Selectmen, from $20.00 to $22.00 per week. Mary R. McDonough Clerk in the Town Treasurer's Department, from $21.00 to $23.00 per week. - Mrs. Lillian I. Tuller, Junior Clerk in the Collector's Department, from $18.00 to $20.00 per week. oki 1 These raises in salary are to be effective as•of the week beginning May 5, 1944. It was also voted to pay the salary of $22. 00 per week to a Senior Clerk in the Accounting Department who would replace Mrs. Esther C. Farnham. The Chairman read a letter from Bertram P. Gustin, Secretary of the Athletic Booster's Club, expressing the appreciation of the Clbb for the use of Cary Hall for an Athletic Night held February 21, 1944. Plan of operation for Veterans' Committees on Rehabilitation and Re-employment was received from the Commonwealth of Massachusetts. Mr. Sheldon moved that the information be forwarded to the President of the Lexington Community Committee on Veterans' Rehabilitation and Employment. Mr. Sarano seconded the motion, and it was so voted. Application for renewal of a permit to clean cess- pools in the Town of Lexington was received from the Thomas E. Coburn Estate. Mr. Sheldon moved that a permit be granted. Mr. Sarano seconded the notion, and it -was so voted. The Chairman read.a letter from Mr. White, Town Accountant, asking the Board's approval to pay Mrs. Esther Farnham, two weeksvacation. Mrs. Farnham will leave the employ of the Town Thursday, May 11, 1944. The Board decided to have the Chairman contact Mr. White relative to the request, and leave it to the Chairman's discretion as to whether or not the approval should be granted. 489 Use of Hall Vet's Rehab'tion Plan of Operation Permit to Clean Cesspools Letter was received from the Town Accountant informing the Board that the wages paid to Wallace C. Weisinger of the Highway Department were running unusually high. Mr. White said that the wages may be correct, but he felt that the Board should be advised. Farnham Vacation The Clerk informed the Board that one Joseph Clarfield, Attorney, at 31 Milk Street, telephoned and stated that he had been up to James Street on two different days representing residents of James Street who object to chickens being kept by Mr. Tovino. Mr. Clarfield claimed that there were dead hens on the property and he also saw some very large rats'. The Clerk was instructed to have Mr. Lamont inspect Iovino's chicken yards and submit a full report to the Board at the next meeting. The Chairman informed the Board that a letter had 19th of been received from Bernard J. McCabe, Director of Public April Celebrations stating that, with the exception of Lexington, every community participating in the carrying out of the Wages Iovino' Hens James St. 490 19t# of April celebration had paid certain portions of the expenses incurred in 1943. This letter had been referred to the Lexington Patriots? Day Committee and a reply was received from Albert G. Frothingham, Clerk of said Committee. Mr. Frothingham stated that posters and programs for Which the Town was billed $1250 in 1943 were not delivered in time to be of any value. He further stated that a notice had been sent to the Boston Committee requesting that no programs be sent to Lexington inasmuch as they were of little value except as a printed record of the events of the day when they arrived so late. The Lexington Patiotst Day Committee has voted to cooperate with the other cities and towns and will pay the 1944 assessment of $12.50. The meeting adjourned at 10:35 P.M. A true record, Attest: obj 1