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HomeMy WebLinkAbout1947-02-24221 SELECTMEN'S MEETING February 24, 1947 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, February 24, 1947. Chairman Potter, Messrs. Locke and Paxton were present. The Clerk was also present. Mr. VeFoe, Supt. of Public Works, met with the Board at 7:30 p.m. He said that he had talked with Mrs. Grush relative to the Board's decision with reference to her claim for damages and she just can't see why the Town is not responsible. Mr. Paxton asked if Mr. DeFoe suggested to Mrs. Grush that she see a physician. Mr. Paxton said that Mr. Grush had telephoned him and said that Mrs. Grush had been told to go to a doctor. Grush Mr. Paxton moved that the claim in the amount of Claim $10.00 be paid, providing the Suit.of Public Works.obtains a release. Mr. Locke seconded the motion, and it was so voted. Mr. DeFoe said that he has received requests for street lightson Rangeway Road, Garfield and Cherry Streets. He stated that he and Mr. Hitchcock of the Boston Edison Company had investigated the areas. There ate five houses on Rangeway Road and both he and Mr. Hitchcock believe two lights would be sufficient. There are only two houses on Garfield Street and he does not recommend lighting only two houses. Mr. Paxton said that he would not recommend street lights for Cherry Street until after the street has been built and Street he thought all requests for street lights should be held over lights. until July 1st. Mr. Locke moved that no action be taken on the requests at this time. Mr. Paxton seconded the motion, and it was so voted. Mr. DeFoe reported that Mr. Joseph Hallisey, State Department of Public Works, came out to see him the other day and said that he thought the Town should go along with Chapter 90. Grove Street and that the Town would not have to start spending money until after July 1, 1948. Mr. Locke said that the Appropriation Committee would Chapt.90 undoubtedly disapprove and so would Town Meeting. He '®aid Grove that he did not approve recommending the appropriation know- St. ing that the money may not be spent. Mr. Locke moved that no appropriation be requested for this year. Mr. Paxton seconded the motion, and it was so voted. 2 2 41 Salaries Mr. Hauck and increased The Mr. Shea 5¢ more. The Chairman asked what Collicutt should receive and Mr. DeFoe said that he does electric welding and he thought he should be paid $1.15 an hour. Mr. DeFoe said that Mr. Hauck_ cameto work for 41.00 an hour and was raised to 41.25. Mr. DeFoe said that Mr. Harrington keeps the time, his plans seem to be satisfactory and he does a good job on the costs. Mr.Paxton asked what heppened on Mr. Brenton's salary and Mr. DeFoe said that he was increased to $1.15 an hour. Mr. Paxton said that he thought Mr. Brenton should be considered at this time if the others were. He said that he feels that both Idr. Shea and Mr. Brenton ane underpaid, and that it was a mistake that Harrington was paid for 48 hours, working 44. He said.that.he personally did not think Mr. Harrington's salary should be increased and that he should work 48 hours. Mr. Locke said that he did not believe the Board should now make any change in the hours for Mr. Harringtoh. Mr. Paxton moved that the following changes in pay rates be approved: Michael Shea increased to 41.15 an hour;* Mr. Locke seconded the motion, and it was so voted. Mr. Paxton explained to Mr. DeFoe that the reason Mr. Collicutt's rate was not being increased at this mime is not due to his lack of ability. He said that the Board recognizes that he is an able fellow, but the town owes something to the men who have been with the town for such a long period of time and that within a year or so Mr. Collicutt may receive an increase. He further stated that Mr. Hauck is a very good worker and the Board is pleased with his work, but right now feels that the increase he received is the maximus that can be paid. Er. DeFoe requested permission to purchase fittings, gate valves, gate boxes and hydrants for water main con- struction. Mr. Paxton moved that the request be granted. Mr.� Locke seconded the motion, and it was so voted. At 8:00 p.m. hearing was declared open on the pltttion of the Modern Home Building Trust by W. E. Selfridge, Trustee with reference to the approval of a plan of *Charles Brenton increased to 41.20 an hour. DeFoe said that Messrs. Harrington, Shea, Collicutt are not satisfied with the rates they have received. Chairman asked Mr. DeFoe what he thought should receive and he said he should receive Cr w 1 1 r 223 Carl and Myrna Roads. The Board of Selectmen acted as the Board of Survey and notice of the hearing was read by the Clerk. Messrs. Worthen and Cromwell of the Planning Board, the petitioner and two other persons were present at the hearing. The Chairman stated that the Supt. of Public Works was present and would answer any questions. Mr. Worthen said that the Planning Board has seen and approved the layout. The Chairman said that insofar as he knew the petitioner has not filed either the required agreement or bond. Board of I,r. Selfridge said that he did not understand that he Survey should have the bond for the hearing this evening and that he had talked with Mr. Wilton who advised him to find out what type of bond the Board required. The Chairman explained that the information could have been obtained frmm the Supt. of Public Works, and that the layout even if approved could not be signed until the bond and agreement were ready. Mr. Nathan Bidwell said that he was representing Miss Edith Willard and Miss Genevieve Robinson. He said that the chief objection to the proposed development is the fact that in his client's opinion the present houses are a destructible force in property values taxable to the town. He said that the type of houses going into this development will be wholly destructive of any development his client has add will lower the tax value. The Chairman said that he does not believe it to be within the province of the Board of Survey to determine what type construction is going to be built on the lots. Mr. Bidwell said that he believed the Board of Survey has such authority. He said that he thought the Board's jurisdiction goes beyond the approval of the Building Laws. The Chairman asked if Mr. Bidwell thought the Board could hold the development up until such time as it is determined what type of houses will be constructed and Mr. Bidwell re- plied in the affirmative. The Chairman asked if Ir. Bidwell objected to the layout notiving any consideration as to what is going on the lots and Mr. Bidwell said that he does not think there is any objection, as far as he knew, to the direction of the streets, etc. The Chairman asked if it would be detrimental to his client's property and Mr. Bidwell replied that he did not think so. Mr. Paxton asked if the Planning Board checked the layout in relation to the location of the Lowell Turnpike. Mr. Worthen said he thought the Board had when the matter came up about a year ago.- 224 Ryder Taking by E.D. mtl Mr. Cromwell asked Mr. Bidwell if he meant that the Board of Survey should, as has not been done in the past, undertake to review every proposed building. Mr. Bidwell replied that he understands the Board's province goes beyong the connection of the Town Offices. He said that the Board should survey the development to find out whether or not the development will -be detrimental or detract -from the taxable property. The hearing was declared closed at 8:35 p.m. Mr. Bidwell, Miss Robinson and the petitioner retired. The Chairman stated that the layout could not be approved' until such time as the required bond and agreement are received. Mr. Paxton said that he thought the Board should hold up any decision until it is determined where the proposed Lowell Turnpike will be located. At 8:45 p.m. Mr. Gordon Richards of the Planning Board and Mr. Robert L. Ryder met With the Selectmen. Mr. Ryder was invited to meet:Lwith the Selectmen to discuss a possible settlement in co4nection with the eminent domain taking Of some of his property'for school purposes. The Chairman asked Mr. Ryder to t ell why he objected to the layout and perhpas some plan could be made whereby he would obtain relief. Mr. Ryder replied that he does not like anything that has been done so far. The Chairman said that the Town has taken the land and the problem now is to try and satisfy Mr. Ryder. Mr. Ryder said that he has thirty acres on which the town has him "hog tied" and he asked what the town intended to do. The Chairman asked if Mr. Ryder were left two lots on the street sideahow would he feel if the town took the little piece left, and Mr. Ryder said that it would not do him any good. The Chairman asked what Mr. Ryder would think if the town brought the road in to give him access an4 egrees. Mr. Ryder said that the town took a valuable right-of-way from his development to Waltham Street, and he is interested in getting it back. The Chairman informed Mr. Ryder that could not be accomplished except by a vote of the town. Mr. Ryder said that the town could give him an easement, but he wants the 50 foot right-of-way. He said that he made the town a present of one right-of-way. The Chairman asked Mr. Ryder how he would feel assuming that the town would build a road up to his area and return the right-of-way or reimburse him for it. Mr. Ryder said that it would cost the town too much money and he will not put a price on it until he knows what 225 the town will do. He said that the right-of-way to Clark Street is worth four times the entrance to Waltham Street. The Chairman said that the Selectmen could have the road built but only a down meeting could return the right- of-way. ight- of-way. Mr. Ryder said that the town couldn't do it, that the right-of-way is worth thousands of dollars to his development, and he intends to start the development. He said that if he were given two adequate rights-of-way he would try to get together with the Board on a prive. The Chairman said that unless Mr. Ryder and the Board could arrive at some agreement tt to the value of the right- of-way apparently nothing could be accomplished. The Chairman asked if there was any use in trying to work some settlement out and Mr. Ryder asked the Board to tell him what was going to b e done and what he would be given for the fifteen acres, plus the street out to Waltham Street and whether or not he will be given tire right -mf -way. The Chairman said that the taking has already been made and if the road is built Mr. Ryder will have an outlet. Mr. Ryder said that one outlet will not be sufficient for development purposes. The Chairman said the Board might consider building the road and then it would be up to Mr. Ryder to determine the price on the right-of-way. Mr. Ryder said that he wants the Board to go to Town Meeting and get his right-of-way back and then he can give a figure, but unless the Board is willing to put a value on it he did not think anything could be done uhtil some future town meeting, or else let the matter go to court. Mr. Ryder said that he would put a price on it if he will be given back his right-of-way. The Chairman said that the Board could have the road built to Ryder's property line and reimburse him for the right-of-way. Mr. Ryder agreed to confer with his brother and to meet with the Board next Monday evening to discuss the sub- ject further. Mr. Ryder retired at 9:35 p.m. Messrs. Worthen, Cromwell and Richards retired at 9:45 p.m. Mr. DeFoe informed the Board that he has a candidate for the position of Assistant Superintendent; a fellow 32 years of age, living in Chelmsford and who has worked for the Revere laagtneering Department for three or four years. It he comes to work, it will be necessary to pay the employ- ment agency $160.00. 226 Sidewalk Mr. Paxton recommended that $80.00 be charges to the 'Water Maintenance Account and $80.00 charged to the Highway Maintenance Account. Chairman read a letter from James J. Murphy, 141 Mild Street, Boston asking whether or not watermains will be installed along old Grove Street, bordering on his property. The Clerk was instructed to acknowledge the letter and to advise Mr. Murphy that it has not yet been decided which way the water main will be installed. Mr. DeFoe retired at 9:50 p.m. The Chairman said that he had checked with the Engineers relative to thepptition for the sewer going into Nichols Road and apparently there is no reason why the sewer can't go down Nichols Road whenever the town wants to put it in. The Clerk was insttucted to so advise the petitioner and to inform him that this project would not be done until some time after the present Manor Sewer is completed. Petition was received by four residents of Cherry Street requesting sidewalk construction. The Board decided not to take any action until such time as. Cherry Street is accepted an lMoney appropriated for the construction. Letter was recieved from Mr. Lynch, Town Counsel advising that under date of June 24, 1946 the Selectmen voted to take part of the Warren E. Russell property in the rear of the Lexington High School by eminent domain Russell in compliance with the vote at the Town Meeting of March property 25, 1946.. Under date of June 28 1946, the Order was by B.D. recorded in the Middlesex Registry of Deeds and statutory notice sent to Mr. Russell. Damages were awarded in the amount of $750.00 Judge McLellan advised Mr. Lynch that Mr. Russell expects damages in the amount of $4,500. and 0 unless such sum is awarded, he will bring the matter to Court. Mr. Lynch asked if the Board writhed to make any counter offer. Mr. Paxton moved that no counter offer be made due to the fact that the damages expected are so completely out of line with the assessed valuation of the property. Mr. Locke seconded the motion, and it was so voted. 1 1 22. The Board felt that the highest offer would be 40500 which would probably be useless. Mr. Filipetti's offer of $60 for Lot #70 Brandon Street was held over. The Chairman said that he and Mr. Spencer had viewed the lot and recommend acceptance of the offer. Mr. Paxton moved that a proposal to sell the lot be Tax advertised in the Lexington Minute Man and that further title consideration be given at the next meeting of the Board. Mr. Locke seconded the motion, and it was so voted. Application was received from Patriots' Day Committee Use of requesting permission to conduct a military ball in Cary hall Memorial Hall on the evening of April 19, 1947. Mr. Paxton moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion, and it was so voted. Application waa received from Society requesting permission to co Cary Hall, Sunday morning, May 11, Mr. Locke moved that the use of subject to a charge of $15.00. Mr. motion, and it was so voted. St. Brigld'.s.::, Holy Name nduct a breakfast in 1947. the hall be granted Paxton seconded the Application was received from the Boy Scouts of America, Lexington District Committee, requesting permission to con- Use of duct a Scoutorama in Cary Memorial Hall on the evening of hall Marcia 15, 1947. Mr. Locke moved that the use of the hall be gf'anted free of charge. Mr. Paxton seconded the motion, and it was so voted. Application was received from the Veterans of Foreign Wars requesting petmission to use Estabrook Hall and a Con- Use of ference Room on the evening of March 7, 1947 for a meeting. hall Mr. Paxton moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion, and it was so voted. Application for Peddler's License was received from Timothy J. Corbett, 26 Bedford Street. Mr. Locke moved that the license be approved subject License to a satisfactory character reference from the Uhief of Police. Letter was received from the American Legion, Stanley Hill Post, #38 requesting permission to conduct a paper drive on Sunday, September 14, 1947. Paper Drive 228 Town Acct. Mr. Paxton moved that the request be granted. Mr. Locke seconded the motion, and it was so voted. The Chairman said that Mr. Russell, Town Accountant, had telephoned and would like to come back to work right away, and remain until a new Town Accountant is appointed. Mr. Russell will pay Mr. Mcbeti's Salary"aS long as he stays in the department and he would like Mr. Macbeth to remain until after Town Meeting. Mr. Paxton said that he would prefer to have Mr. Macbeth break in a new accountant. The Chairman said that Mr. Russell could come back and still have Mr. Macbeth instruct or assist the new accountant. Upon motion of Mr. Locke, seconded by Mr. Paxton, it was voted that dames H. Russell being Town Accountant for the term ending December 31, 1947 and having been on formal leave of abaenee, in the military service, from such position and now returning to the position on Saturday, March 1, 1947 that the Board of Selectmen is of the opinion that there is no requirement for formal action of re-employment, but if in the final interpretation this is found to be required, such formal re-employ- ment or re -instatement is hereby made effective on March 1, 1947. Communication was received from residents of North Hancock Street urging that, for public safety, North Hancock Street be widened to forty feet. In 1923 the Town made taking of land on North Hancock Street for such a purpose. The communication further requested that until such widening is completed buses and commercial vehicles not making deliveries on North Hancock Street, or adjacent streets, be prohibited from use of the Street, andthat all brush and impediments to clear vision be removed from town owned land. Mr. Paxton said that now the town has the equipment the shoulder of the road could be excavated so there there might be a flat sidewalk to enable pedestrians to get away from traffic. He said that although the people wanted a widened pavement, he thought they might be satisfied. Mr. Paxton said that W.P.A. had made a sketch of the travelled way and suggested that the Board consider it next week. 1 229 Mr. Locke said that the Appropriation Committee would like to know that recommendation the Selectmen were going to make to Town Meeting relative to the Acceptance of Chapter 599 increasing the amount paid to retired town employees. The Board went on record as approving the acdeptanoe and appropriating sufficient funds and will make such a recommendation to Town Meeting. Th ext regu r meeting o the Board -sof Sele en will be he l n Mond evening, Mar(Ch 3, 1947 at 7:3O - .m• A true record, Attest: