HomeMy WebLinkAbout1945-09-10258
Under-
ground
Conduit
Hearing
Gentile
Petition
on Drain-
age Ryder
Property
SELECTMEN'S MEETING
September 10, 1945
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, on Monday
evening, September 10, 1945 at 7:30 p.m. Chairman Locke,
Messrs. Potter, Rowse, Sarano and Sheldon were present.
The Clerk was also present.
At 7:30 P.M. hearing was declared open upon the petition
of the New England Telephone and Telegraph Company for per-
mission to lay and maintain underground conduits and manholes,
with the wires and cables to be placed therein, under the
surface of the following public way:
Bedford Street From North Hancock Street, southerly to
Hancock Street, 5730 feet underground conduit
and six manholes #54/100, 101, 102, 103, 104,
105.
" and From manhole #54/105, in Bedford Street,
North Hancock St. easterly to J.0. pole #71/1 in North Hancock
Street, 96 feet underground connection.
From manhole #54/105, northerly to J.0. pole
#6/56, 210 feet underground connection.
From manhole #54/105 in Bedford Street, northerly
and northeasterly to J.O. pole #117/2 in
Harding Road, 380 feet .underground connection.
From manhole #54/102 in Bedford Street, north-
westerly to J.0. pole 82/1 in Reed Street,
540 feet underground connection.
Bedford Street
Bedford Street &
Harding Road
Bedford Street
Reed Street
Mrs. Laura McConnell was the only person who appeared at
the hearing. Mrs. McConnell had no objection to the conduit,
but Was interested to know how it would effect her property.
Mrs. McConnell retired at 7:34 p.m.
Mr. Potter moved that the petition be approved, and the order
signed. Mr. Sheldon seconded the motion, and it was so voted.
At 7:40 p.m. Colonel Barry appeared before the Board.
Colonel Barry said that he and John T. Cosgrove, Town Engineer,
had inspected the property known as the Ryder Estate recently,
purchased by Louisa and Cheritbino Gentile. The Gentiles stated
in their petition that there is a drain pipe submerged below
the bed of the brook which interfers with the proper drainage,
and suggested the installation of a box style concrete drain or
corrugated pipes.
Colonel Barry presented a profile of the property, and
stated that a forty inch pipe would not solve the problem.
The solution, he believes, is to lower the bed of the brook.
Neither Colonel Barry or John T. Cosgrove believe that it is
the Town's responsibility to take care of the situation.
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Mr. Rowse moved that the Gentiles be advised that inasmuch
as this is private property, the Town denies any liability in
the matter. Mr. Potter seconded the motion, and it was so
voted.
Colonel Barry informed the Board that two insurance policies,
totaling $30,000.00, would expire October 18, 1945, through the
office of Robert C. Merriam.
Mr. Sheldon moved that Colonel Barry be authorized to renew
the two policies and to have them added to the policy amounting
to $10,000.00, expiring on July 1, 1950. Mr. Sarano seconded
the motion, and it was so voted.
Colonel Barry stated that he had been studying the case of John
John F. O'Connor whose salary has been paid from the Highway O'Connox
Funds, although he has not worked in that department since 1943, Case
Colonel Barry stated that in the 1945 budget for the Engineering
Department there was an amount of money included for a Transit -
man, but no one has ever been hired to fill this position. To Be
Colonel Barry suggested that he be authorized to charge Mr. Transitmar
O'Connor's salary to the amount appropriated for a Transitman in Engin'Y
in the Engineering Department - Personal Services Account, and Dept.
to include -an item in next year's budget for Transitman.
Mr. Sheldon moved that Colonel Barry be authorized to
charge Mr. O'Connor's salary as recommended. Mr. Sarano
seconded the motion, and it was so voted.
It was the understanding of the Board that Colonel Barry
would.explain to Mr. O'Connor that the position of Transitman
would be set up -at a lower rate the first of the year, and that
his salary in this position would be less than he is now
receiving.
259
Renew
Ins.
Polis.
Colonel Barry informed the Board that a complaint had been
received relative to the overflowing cesspool at 5 Lowell Street
The Board discussed this matter at length, and decided that
the owners would have to either connect with the sewer or dig
another cesspool. However, before the connection could be made,
permission would have to be obtained from the Town of Arlington.
The Board felt that the installation of another• cesspool
would be the more logical way of eliminating the nuisance, and
decided to refer the matter to the Board of Health.
Colonel Barry said that he had received a request for
the erection of a "Go Slow" sign on Bow Street, Lexington.
Mr. Rowse moved that Colonel Barry be authorized to post
the sign on Bow Street. Mr. Serano seconded the motion, and
it was so voted.
Colonel Barry retired at 8:15 p.m.
At 8:17 p.m. Elmer N. Funkhouser, Jr. and nine directors
of the Community Nursery School, Inc. appeared before the
Board.
Overfl'g
. Cess-
pool
C onne c t
Arl.
Sewer
Go Slow
S igh
Nursery
School
Request tt
Use Barnes
Property
260
Board of
Health
Duties,
Etc.
Mr. Funkhouser said that he would like to present a
proposition for the purpose of using the Barnes Property
for a nursery school and kindergarten, and he understood
that the Board of Selectmen might entertain an offer, such
as this, to take over the building. He explained in detail
what the group had in mind', and presented a typewritten
report about the organization, the proposition to the Board
relative to the property, the lessee's option and the lessor's
agreement.
Mr. Rowse asked how soon the group desired to occupy the
building, and Mr.. Funkhouser said that they expected to
operate the first of October.
Mr. Funkhouser asked if it would be necessary to obtain
a permit from the Board of Appeals to use the Barnes Property,
and the Chairman said that he believed a Board of Appeals
permit was necessary, even though the property is zoned in
a C-1 district.
Mr. Potter asked if the school were strictly private.
Mr. Funkhouser said that any child whose parents are will-
ing to pay the fee and become members of the Corporation, and
under the terms of the membership, become active members who
actually work `and .show an intereet, may be enrolled in the
school.
The group retired at 8:45 p.m. -
Mr. Rowse moved that the request be granted, but inasmuch
as the motion was not seconded it was, therefore, lost.
Mr.. Sheldon moved that request be denied, and that the
corporation be advised that the Board felt that they would
not be justified in authorizing theme of 'own Property for such
a purpose. Mr. Sarano seconded the -motion, and it was so
voted.
At 8:47 p.m. Chairman Pyle and Messrs. McQuillan and
Russell appeared before the Board.
Chairman Locke explained that a Special Act of the Leg-
islature authorizing the Board of Health in Lexington
specifically stated that such Board would be appointed by
the Selectmen and not elected.
He stated that another question which had arisen was;:
the divided responsibility of issuing Slaughterhouse and
Slaughtering Licenses. The Board of Selectmen had reserved
the right to license the Slaughterhouse, but if the Board of
Health prefers to handle both of these licenses, the Board of
Selectmen has no objection.
Dr. Pyle said that as he understood it, the Board of
Health had been appointed by the Board of Selectmen to act in
a helping capacity and to assist in matters pertaining to the
Board of Health. He said that he further understood that the
Board of health was to go along for awhile as an appointed
Board, and that no appropriations had been made for any ex-
pansion. He said that he would also like to know just how
much is expected of the Board of Health.
The Chairman stated that the Special Act authorizing the
appointment of the Board does not specif3: its duties. He
said, however, that the Board of Health was not an Agent of
QC
a
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the Board of Selectmen, but a Board unto itself, and the
fact that the members were appointed does not take any
authority. from them.
The Chairman said that when the Board of Health first
met with the Selectmen, the Selectmen said that they would
lIkb to handle the garbage contract, complaints pertaining to
collection, etc.
Chairman Pyle said that he, and the other two members
agreed, had no objection to such an arrangement.
Mr. Russell explained in detail the overflowing of the
cesspool at.5 Lowell Street, and stated that the minimum
cost for another cesspool on this property would be $200.00.
He said that as the matter stands now, the owners of the
property will have to be ordered to connect with the sewer •
or dig another cesspool.
The Board of Selectmen suggested that the Board of Health
order the nuisance abated, and suggest that the building of
another cesspool might be the most logical manner in which to
handle the situation because.of the fact that the connection
would have to be made to the Arlington Sewer Line.
.The group retired at 9:45 p.m.
The Chairman read a notice received from the Boston &
Maine Railroad stating that a public hearing would be held on
Monday, October 8', 1945 at 10:30 p.m., 166 State House, upon
the petition for the railroad to retire its passenger station
building at North Lexington. It is the intention of the
railroad to substitute a shelter.
No action was taken on the matter.
261
Select-
men to
Handle
Garbage
Contract
Cesspool
Lowell
Street
B &
Hearing
No. Lex.
Station
Abolition
The Chairman read a letter from Aiden L. Ripley stating
that the New England Society for the Preservation of Antiquities Ellen
has expressed willingness, under certain conditions, to make up Stone
half the cost of purchase, moving, building a new foundation, House
etc. for the Ellen Stone House.
In view of this fact, Mr. Ripley would like the Board of Article
Selectmen to hold the Adams School Lot as the availability of in Warr.
the lot might be the deciding factor as to whether or not the Adams
Ellen Stone house will be destroyed. School
Mr. Sheldon said that he had already explained to Mr. Ripley Lot
that any disposition of the property would have to be authorized
by a vote of thO"Town Meeting.
A letter was received from Lt. Frank T. Neal, 53 Kendall Rd.
Lexington, repeating his offer of $50.00 for Lot 53, Kendall Rd.
Lexington.
Mr. Sheldon moved that Lt. Neal be advised that the Board
of Selectmen would entertain an offer of $150.0O for the lot.
Mr. Sarano seconded the motion, and it was so voted.
, Neal'
, Offer
Kendall
Road
Prope rt3
262
Sidney
Tax Title
Land
Philbrook
Offer Lots
Grassland
Street
Lots 32
& 33,
Block 22,
Dexter
Road
Sale of
Same
Cann Offer
Lots on
Moreland
Avenue
Cady
Offer
Lbts on
Balfour
Street
Article
in Warr.
Re: Tax
Collector
Term
No Action
Mrs. Louella M. Sidney's inquiry relative to Lbt 106,
Fair Oaks Drive, was held over from last week.
Mr. Rowse moved that Mrs. Sidney be advised that the
Board of Selectmen would entertain an offer of $125.00
for this lot. Mr. Sheldon seconded the motion, and it
was so voted.
The Board considered Mr. Philbrook's offer of $100.00
for Lots 27 and 28, Grassland Street, Lexington.
Mr. Sheldon 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 next meeting of the
Board. Mr. Sarano seconded the motion, and it was so voted.
The Board gave further consideration to M. Helen Fitz -
Gerald's offer of $200.00 for Lots 32 and 33, Block 22,
Dexter Road, Lexington.
A proposal to sell these lots was advertised in the
August 23, 1945 issue of the Lexington Minute -Man.
Mr. Frank J. Pespisa's offer of $210.00 for the above
lots was then considered.
Mr. Rowse moved that the offer of $210.00 be accepted,
and that Lots 32 and 33, Block 22, Dexter Road, be sold and
conveyed to Mr. Frank J. Pespisa. Mr. Sheldon seconded the
motion, and it was so voted.
The Board gave further consideration to Dexter G. Cann's
offer of $300.00 for lots 315 to 340 inclusive on Moreland
Avenue.
A letter was also received from Albert & Henry DeVincent
offering $400.00 for Lots 315 to 340 inclusive, Lots 131 to
155 inclusive and Lot 21 on Moreland Avenue.
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 next meeting of the
Board. Mr. Sheldon seconded the motion, and it was so,voted.
The Clerk was instructed to advise Mr. Cann that the Select-
men prefer to sell the entire piece of property which would
include Lots 131 to 155 and Lot 21, and if he is interested in
purchasing the entire parcel to so advise the Board, not later
than Monday, September 17, 1945 at 5:00 p.m.
The Chairman read a letter from Robert C. Cady offering
$125.00 for Lots 379 to 386 inc. on Balfour Street, Lexington.
Mr. Sheldon moved that a proposal to sell the lots be
advertisedin the Lexington Minute -Man, and that further con-
sideration be given the offer at the next meeting of the
Board. Mr. Potter seconded the motion, and it was. so voted.
The Chairman read a letter from Commissioner henry F. Long
suggesting that in the event a Special Town Meeting is to be
called the Board insert an Article to see if the Town will
tote' that the Collector of Taxes be elected for a three year
term.
No action was taken on the matter.
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263
A letter was received from Mrs. Luther R. Putney, Pres- Use of
ident of Lexington Outlook Club, requesting the use of Cary Hall
Hall on the evening of October 15, 1945 for the purpose of Outlook
conducting a scholarship benefit. Club
Mr. Sarano moved that the use of the hall be granted,
free of charge. Mr. Sheldon seconded the motion, and it was
so voted.
Application was received from Mary D. Lord, Secretary, D.A.R.
Morning Group, Lexington Field and Garden Club, requesting Use of
permission to use Estabrook Hall on Monday morning, February Hall
12, 1946 from 10:00 a.m. until noon for a regular meeting.
Mr. Sarano moved that the use of the hall be granted, free
of charge. Mr. Sheldon seconded the motion, and it was so voted.
Upon motion of Mr. Sarano, seconded by Mr. Sheldon, it
was voted to grant the following licenses:
Licenses
William VLino 1794 Mass. Avenue Sunday Movies
Michael O'Gara 30 Hilltop Avenue Public Carriage
The Clerk informed the Board that Miss Thompson, employed
in the Tax Collector's Office, had recently lost her mother. Thompson
Mr. Potter moved that the Board convey its sympathy by Flowers
sending flowers to the funeral. Mr. Sarano seconded the motion,
and it was so voted.
A letter was received from F. A. Currier, Jr., 21 Tower Tax
Road, Lexington, offering *500.00 for Lot 7 and 8A, Tower Road, Offer
Lexington. Tower
The Chair man requested Mr. Potter to check this offer with Road
Mr. Spencer and report at the next meeting of the Board.
The Board discussed informally the possibility of having a Dinner
dinner for the members of the Rationing Board and the Draft Ratibrilg',
Board. Board &
It was decided to have Mr. Rowse submit suggestions for a Draft
program, and also a list of those who might serve on a committee Board
for such a purpose. Members
Mr. Potter reported that he bad conferred with Mr. Spencer
relative to the possibility of placing signs on Tax Title Tax Title
Property. Mr. Spencer suggested that twenty-five signs would Signs
be sufficient.
The Board felt, however, that it might be well to have fifty
or 100 signs, and Mr. Potter said that he would handle the
matter.
Mr. Rowse said that Mr. Charles Linehan had spoken to him Sand
again relative to Lot 34A off Westview Street, Lexington. Pit
The Board gave further consideration to Mr. Linehan's offer
of 800.00 for this property, and voted to retain this lana.
A true record, Attest: