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.
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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