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HomeMy WebLinkAbout1945-05-28SELECTMEN'S MEETING May 28, 1945 A regular meet5ng of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 28, 1945, at 7:30 P.M. Chairman Locke, Messrs. Potter, Rowse, Sarano and Sheldon were present. The Clerk was also present. The members were notified of this meeting by a notice mailed on May 17, 1945. At 7:30 P.M. Mr. Neil McIntosh and Mr. Paxton appeared before the Board. Mr. McIntosh said that he had requeEted the appointment this evening because of.the fact that on either end of Middleby Road the Town has placed a sign. However, Mr. McIntosh claims that a portion of this road is known as Wachusett Drive,.and'he would like to have it settled one way or another that the the way be known as Wachusett Drive or Middleby Road. He stated thatthis street had never been properly laid out. Mr. Paxton said that some years ago signs were erected on all unaccepted streets. Mr. McIntosh said that he had no objection to calling the entire length Middleby Road. Mr. McIntosh said that he was disturbed about the condition of the dump on Lincoln Street. The Chairman stated that the Board was aware of the condition and discussed it, but was largely a matter of manpower and equipment. Mr. McIntosh retired at 7:55 P.M. Mr. Paxton informed the Board that Mr. Eugene LaRose of North Street had dug a well and the water, although better than he previously had, still has a high iron content and is somewhat cloudy. Mr. LaRose does not think the water is good for drinking,, and desires that a water main be installed .in the street. Mr. Paxton said that in his opinion the situation is the same as it was in 1943 when Mr. LaRose appeared before the board. He said that if the Board did decide'to put the water main in, it would have to be done by an outside contractor. Mr. Sheldon asked how many people would be served by the installation of the water main, and Mr. Paxton said that a Mr. Mercadante owns the adjoining land and he is served by the main on Lowell Street. Mr. Potter asked if a two-inch pipe could be run through the fields, and Mr. Paxton said that Mr. LaRose is about 700' or 800' away from Lowell Street, and that it would cost 181 McIntosh Re: Middleby Road Lincoln Street Dump LaRosa Water Service North Street 182 Rapid Transit $50.00 for a pit meter and then 7001 of two-inch pipe at approximately $1.75 a foot. This would bring the total up to around $1,300.00. Mr. LaRose appeared before the Board at 8:00 P.M. He informed the Board that since the last time he had appeared, he had an artesian well drilled which cost $700.00, and still the water is not good. He said that he had the water tested, and the State recommended that the water be boiled. He said that the water is yellow and does have a taste. The Chairman asked how deep the well was, a nd Mr. LaRose replied ninety-nine feet down, and they had dug forty feet before they hit ledge. The Chairman said that it is difficult for the Board to see how the •ituation is any different than it.was in 1943. He further stated that with the shortage of man- power it is just out of the question to do say work at this time. Mr. Paxton asked if the State Board of Health had tested this water recently, and Yr. LaRose said that they did not say it was unfit for drinking, but advised him to boil it for drinking and cooking. The Chairman said that there appeared to be only two alternatives: one is to have a main in the street with betterment assessments,and the other is to have Mr. LaRose tie-in with some private service from some existing Town main. Mr. LaRose asked what it would cost for Town service. The Chairman said that betterments would have to be assessed against the, abutters, but the other abutter would not want to pay the assessment inasmuch as he now gets water from Lowell Street. The total assessable cost will be approximately $2,500.00. The Chairman said that he really did not see how the situation was any different than it was two years ago. Mr. Paxton said that Mr. LaRose could check with James ,uinn of Arlington, and if he obtains permission from one of the others on the street, a private service could be run from Lowell Street into the LaRose house. Mr. LaRose asked what the cost would be if the problem were handled this way, and Mr. Paxton said that it would depend on what the contractor would bid. • Mr. LaRose retired at 8:15 P.M. Mr. Sheldon moved that no action be taken on the matter. Mr. Rowse seconded the motion, and it was so voted. At 8:19 P.M. Representative Charles E. Ferguson, Mr. S. R, Wri.ghtington, Town Counsel, Mr. Edwin B. Worthen, Jr., Chairman of the Planning Board, and Messrs. Cromwell, Ferguson, and Houdlette of the Planning Board, appeared before the Board relative to the Rapid Transit System. 1 183 Mr. Worthen stated that the Planning Board had met and discussed the Commissioner's report, and also the Blackwell report, and they have arrived at certain conclusions. Discussion Mr. Cromwell, Clerk of the Planrhing Board, read a report to the Selectmen on Rapid Transit proposed by the Planning Board. They believe that Rapid Transit in some form is desirable. The Planning Board sees no advantage in opposing passage of the Act or suggesting its deferment, inasmuch as Rapid Transit in some form is inevitable. The Act would create the Transit Authority, but would not authorize the present proposed system. If the Transit Authority is created,there would be plenty of time to con- sider modification or improvement of the present plan. The Planning Board believes that further study of the plan is necessary. Mr. Sheldon asked if the Legislative Act merely creates the Authority, but did not mean that the plan would be adopted. Mr. Wrightington said that that was correct, and that there was nothing in the Act which compels its acceptance. He said that unless the Town takes a stand now, the Legis- lature would be justified in assuming. that the plan proposed by the Commission is satisfactory. He said that if the Author- ity is created at this Session, it has complete power to Lchao:se its own plan and Lexington would lose whatever pressure they might exert through the Legislature. Mr. Cromwell said that the Planning Board definitely feels that there is no objection in opposing the Act as suggested, and that some positive plan should be favored. Representative Ferguson said that Towns like Lexington are not going to` have much to say whether or not the Author- ity is going to be set up. Members of the General Court are very anxious to hate the Authority set up, and for the Boston Elevated to be taken over by the Authority. Represent- ative Ferguson said that if the Authority is set up and the Boston Elevated taken over the assessment would not be eliminated on the Towns and Cities assessed in the past. Mr. Rowse asked if there was any chance of having it postponed, and Representative Ferguson said that that was difficult to predict. Mr. Potter asked if the establishment of a Commission required an appropriation of money, and Representative Ferguson said that it gives them the right to issue bonds and borrow money. Mr. Wrightington said that the Resolution provides for the continuation of the present Commission to study the outlying Towns and report the first of March. He said that there is no appropriation mentioned in the Resolution. The bonds of the Authority are charged upon all the Towns of the district. 184 Mr. Wrightington said that the important°thing was not the Bond issue, but the provisions for apportionment of the operating expenses, which includes interest and payment of principal on the bond issues that they intend to apportion on the Cities and Towns under the Public Control Act. Mr. Rowse asked how the City of Waltham felt about the Blackwell Plan, and Representative Ferguson said that it was being considered this evening. The Planning Board feels that Rapid Transit will tend to increase the population of Lexington, and thus addition- al housing will be.required. The Planning Board feels that one way to achieve some measure of protection is a strict enforcement of the Zoning and Building By-laws. They also believe that it is desirable to review the existing Build- ing and Zoning By-laws to see if they need to be revised or improved in view of the impending change. Mr. Sheldon moved that the Planning Board be instructed tb review the existing Building and Zoning By-laws of the Town of Lexington and make recommendations to the Board. Mr. Rowse seconded the motion, and it was so voted. Mr. Wrightington asked if the Board of Selectmen wanted him to file the Blabkwell Plan, and Mr. Rowse wanted to know if the Board could, in the first place, ask for a postponement until the next Annual Session. Mr. Wrighting- ton said that nothing would be decided upon at the meeting tomorrow. Mr. Wrightington said that other towns would urge the establishment of the Authority, but whether or not Lexing- ton would have an opportunity to say anything at a later date, he did not know. He said that he thought Lexington should be prepared with a definite recommendation. Mr. Wrightington said that he thought the Town should file the Blackwell Report, and also recommend the adoption of the Resolution, but with an earlier date than March -1, 1946, and urge that the report be required at least by January 1, 1946, and that an adequate appropriation be made for them so sufficient clerical help may be employed to enable them to do it. Mr. Wrightington said that he believed that an Author- ity would be established at this Session, but he thought Lexington should take a stand and ask for time to consider it. The Planning Board was in favor of the Blackwell Plan, and also approved the creation of the Authority. Representative Ferguson suggested that if a plan were made now, it would at least indicate that the Town of Lexington is interested in the question. Upon motion of Mr. Sheldon, seconded by Mr. Rowse, it was voted to rescind the vote of the Board on May 21, 1945 pertaining to instruction to the Town Counsel. Cie 1 185 Upon motion of Mr. Rowse, seconded by Mr. Sheldon, it was then VOTED: That the Town Counsel be instructed to report to the Legislative Committee at its hearing tomorrow that the Selectmen of Lexington and the Planning Board approve of the enactment of the proposed Legislation in Appendix I of the Commission's report and approve the enactment of the Resolve of Appendix III of the Commission's report, but urge that the Commission be directed to report at least by January 1, 1946, and that the Commission be given an adequate appropriation so that it can complete its report by at least January 1, 1946. He is further instructed to inform the Committee that Lexington is entirely dis-satisfied with the provisions for Lexington in the report of the Special Commission, and to ask leave to file the Blackwell Report as an alternative which would be satisfactory to Lexington with the request that if the Authority is now created this report be referred to the Authority and to the Recess Commission if it is continued. Representative Ferguson and the members of the Plan- ning Board retired at 9:25 P.M. The Chairman said that the question had arisen on the. matter of selling Tax Title Property which the Town holds and upon which betterment assessments are levied. He asked Tax Title Mr. Wrightington whether or not the betterment assessments should be continued against the property after it is sold by the Selectmen. Mr. Wrightington said tr^t if the Town has once acquired title, the property may be sold at any price the Board may determine. Mr. Potter asked if the betterments could be cancelled, and Mr. Wrightington replied that when a Tax Title is Betterm't. foreclosed, the Town then owns the property, and the Town Assessm'ts can then decide .what is to be done with the property. How- ever, legally, betterments can not be in excess of the valuation. Mr. Wrightington said that he had never had this matter brought to his attention before and he would report further to the Board on it. Mr. Wrightington retired at 9:35 P.M. Mr. Paxton informed the Board that he had received two Demolition bids as a result of his advertisementfbr the demolition of Observat'r, the Observation Tower. Mr. Wallace Weisinger will take it Tower down free of charge and clean up the area. Mr. Banks wants $50.00 to take it down and clean up the area. Mr. Rowse moved that Mr. Paxton be authorized to accept Mr. Weisinger's bid and award the demolition of the Observat- ion Tower; same to be removed within twenty-one days from date. Mr. Sheldon seconded the motion, and it was so voted. 186 Bids on 5 - ton Truck Claim of Damages Due to Alleged Faulty Manhole Cover Fire Dept. Mechanic Use of Ch. 90 Contract Mr. Paxton informed the Board that he had requested bids from five companies on a five -ton truck. Bids were received as follows: Mack Motor Company - $7,593.06; Autocar - $7,468.80; Rio - $6,759.20; Sterling Motor - $6,622.65 and Osh-Kosh- $8,908.00. Mr. Paxton said that in looking the trucks over there are only three heavy dump trucks, Autocar, Mack and Sterling. He said that delivery might be somewhere between six or eight weeks after the 0.D.T. approval has been obtained. He discussed in detail the various makes of trucks and upon motion of Mr. Potter, seconded by Mr. Sheldon, it was voted to authorize Mr. Paxton to accept the bid of the Autocar Sales and Service Company in the anount of $7,468.80 for a heavy- duty dump truck, Model C-90. Mr. Paxton.said that he had two bids on a steam cleaner for cleaning equipment.. The Clark -Wilcox Company submitted a bid in the amount of 1604.00. The Hunt-Marquandt submitted a bid in the amount of 678.50. Mr. Sarano moved that Mr. Paxton be authorized to purchase a steam cleaner from the Clark Wilcox Company in the amount of $604.00. Mr. Potter seconded the motion, and it was so voted. Mr. Paxton read a letter from Miss Marion Phillipart, 260 Massachusetts Avenue, Arlington, claiming damages to her car because of a faulty manhole cover. Mr. Paxton said that one day last week Mr. Calvin Childs called his office and mentioned that this particular manhole cover was partly off. Mr. Paxton said a man was sent down and the cover put in place. Saturday morning he received word that the accident had occurred. There was no report in the Police Station pertaining to the accident. It was decided to have Mr. Paxton acknowledge the letter asking for additional information, and inform Miss Phillipart that the matter was being investigated. Mr. Paxton said that he had talked to Deputy Chief Cook and George W. Emery about the use of the Fire Depart- ment mechanic. Mr. Paxton wondered whether or not it would be possible for him to work for the Public Works Department on his days off or let him repair equipment at the Fire Department on his spare time. It was decided to have Mr. Paxton discuss the matter again with Deputy Chief Cook and Mr. Emery and whatever arrangement was arrived at would be satisfactory to the Board. Chapter 90 contract for the maintenance of certain roads in Lexington was received from the Commonwealth of Massachusetts, Department of Public Works. 1 Mr. Sheldon moved that the contract be signed in duplicate and returned to the Commissioner for signature. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton retired at 10:10 P.M. A letter was received from Ralph E. Banks, 18 Bridle Path, Lexington, in which he expressed a desire to change his application for permission to Veep 600 poultry to 300. The original application was held over from last week. Mr. Lamont hadpreviously reported that three families in the immediatevicinity objected very much to the granting of such a permit. Mr. Rowse moved that the application be denied.. Mr. Sheldon seconded the motion, and it was so voted. &Ir, Sarano retired at 10:15 P.M. The Board of Fire Engineers petition for a transfer from the Reserve Fund for the purchase of a new heavy- duty chassis was held over from the last meeting of the Board. The request was given further consideration, and upon motion of Mr. Rowse, seconded by Mr. Potter, it was voted not to approve the request for a transfer. Mr. Otis J. Conner's offer of 0350.00 and Captain Burton A. Murray's offer of $400.00 for Lot 134, Wachuset Drive, Lexington, was considered by the Board. Mr. Rowse reported that Mr. Conner would like to purchase the lot. Mr. Sheldon moved that the proposal to sell the lot be advertsied in the Lexington Minute -Man, and that further consideration he given the two offers at the next meeting of the board. Mr. Rowse seconded the motion, and it was so v oted. 187 Banks Poultry Bridle Path Denied Propose t Sell Lot 134 Wachusett Drive Mr. Monroe Hamilton's offer to purchase certain lots in the Sunnyside Development, Lexington, was given further consideration by the Board. Hamilton Upon motion of Mr. Sheldon, seconded by Mr. Rowse, it Sunnyside was voted that Lots 33 and 34, Robbins Road, bffered to Mr. Lots Hamilton for 0700.00; Lots 37 and 38, Richard Road, be offered at $250.00 each, or a total of 0500.00; and that Lot 7, Tower Road, be offered at 0500.00. The Board felt that the abutter (Mr. Ross) to Lot 35, Robbins Road, should be given an opportunity to bid on the piece of property. The Chairman read a letter from J. Milton Brown offering $150.00 for Lot B,,Plymouth Road, Lexi gton. Mr. Sheldon moved that a proposal to sell he lot be advertised in the Lexington Minute -Man, and the further consideration be given the offer at the next meeting of the Board. Mr. Rowse seconded the motion, and it was so voted. Brown Offer Lot B Ply- mouth Rd. 188 Propose Sell Lot 73 Farm - crest Ave. Sell Lots 105 to 109 inc. Sell Lot 168 Outlook Drive Meeting Gardner Auditorium State House Dattoli Dog A letter was received from Dr. Clarence Shannon offering $;150,00 for Lot 73, Fermerest Avenue, Lex- ington. Mr. Sheldon moved that a prpposal to sell the lot be advertised in the Lexington Minute -Man, and that further consideration be giventhe offer at the next meeting of the Board. The Chairman read a letter from Francis E. Lavigne offering $100.00 for Lots 105 to 109 inclusive, Beaumont Street. These lots were previously owned by Mr. Lavigne. Mr. Sheldon moved that the offer be accepted, and that Lots 105 to 109 inclusive, Beaumont Street, Lexington, be sold and conveyed to Francis E. Lavigne. Mr. Rowse seconded the motion, and it was so voted. A letter was received from Joseph Blumsack, Attorney, representing Embert D. Sanford and offering $200.00 for Lot 168, Outlook Drive. This lot was formerly owned by the Sanford family. Mr. Sheldon moved that the offer be accepted, and that Lot 161, Outlook Drive, be sold and conveyed to Embert D. Sanford. Mr. Rowse seconded the motion, and it was so voted. The Chairman read a letter from David A. Kirkbright withdrawing his offer of $250.00 for Lot 53, Kendall Rd., Lexington. The Chairman read a letter from His Excellency, Governor Tobin, inviting the Chairman of the Board of Selectmen, Chairman of the Planning Board and a representative citizen to attend a meeting in the Gardner Auditorium in the State House on Friday evening, June 1, 1945 at 7:00 P.M. The Governor stated in his letter purpose of.organizing that this meeting was for t he Metropolitan Areas. The Clerk was instructed Jr. and William Roger Greeley to ask Edwin B. Worthen, to attend the hearing. The Chairman read a report from the Dog Officer regarding an alleged vicious dog owned by Mrs. Dattoli, 101 Cliffe Avenue, Lexington. Mrs. Dattoli stated that her dog is kept tied at all times, and that he slipped his collar and ran away the day Miss Katheryn Norton was bitten. Officer Russell said that the dog was licensed and tied on the two occasions he *isited the house. Mrs. Dattoli said that she would contact both Miss Norton and Dr. Swartz. The Clerk was instructed to aSk the Dog Officer to request the owner of the dog to dispose of it. 00 PTI 1 A letter was received from James J. Carroll stating that there were 1947 inmates of the Metropolitan State Hospital to be included in Precinct One. This increases the census to 14,452. Mr. Carroll said that he had not received an official statement in writing~ and, therefore, did not advise the Board to sign verification of the State records until he had something authentic on file. Application was received from the War Parents of America for 'permission to conduct a meeting in Estabrook Hall on the evening of Jan.21, 1945, from 8:00 P.M. to 10:30 P.M. Mr. Potter moved that the use of the hall be granted, free of charge. Pair. Sheldon seconded the motion, and it was so voted. Application was received from the American Legion Auxiliary for permission to conduct a Fair and Bridge Party in Cary Hall on the afternoon and evening of October 26, 1945. Mr. Sheldon moved that the use of the hall be granted,ftee of charge. Mr. Potter seconded the motion, and it was so voted. The Board again considered the letter received from Daniel Tyler, President of the Massachusetts Selectmen's Association, relative to the so-called Port of Boston Authority Bill. Mr. Rowse moved that a letter be written to Mr. Tyler stating that the Board of Selectmen voted on Monday evening to go on record as being in favor of the so-called Port of Boston Bill now before the Committee on Ways and Means. Mr. Sheldon seconded the motion, and it was so voted. A true record, Attest: le k 189 Census Incl. State Hospital Inmates War Parents Use of Hall Legion Aux. "Use of Hall Port of Boston Bill