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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. 1 1 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 1 1 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. 1 1 263 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: