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HomeMy WebLinkAbout1947-04-21 308 rx SELECTMEN'S MEETING April 21 , 1947 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room. , Town Officd Building, on Monday evening, Appil 21, 1947. Chairman Paxton, Messrs. Emery and Gay were present. The Clerk was also present. At 7:30 p.m. Mr. Philip Clark met with the Board. Mr. Clark discussed at length the fact that the veteran citizens of Lexington were conspicuous by their absence Philip in the 19th of April parade. He said he would Like to Clerk re : suggest that before the 4th of July or April 19, 1948, Veterans the situ tion be investigated so that the town will have In Parades the means r the organization to attract the Lexington serviceme . The Chairman explained to Mr. Clark that the 19th of April celebration is supervised by a committee appointed for that purpose and that the committee consists of a representative of all veteran organizations. The Chairman assured Mr. Clerk that the Selectmen would do the best they could to investigate the situation and remedy it if possible before the next major celebration in Lexington. The Clerk was instructed to invite the committee in charge of the exercises for May 30th to meet with the Board next Monday night. Resignation The Chairmaa read a letter from Dr. Leonard Short of Doctor resigning as Director of Veteran' s Services inasmuch Short as his duties as a physician make it impossible for him to devote the time necessary to this office. At 8 :05 p.m. Mr. Daniel A. Lynch, Town Counsel, met with the Board. The Chairman read a letter from Mr. Lynch Warren E. advising the Board that he had received a memorandum from Russell Judge McClelland regarding the possible adjustment of the I Claim for claim for damages of Warren E. Russell as a result of the taking by eminent domain of his property in the rear of the high school. Mr. Lynch stated that Judge McClelland No action is apparently anxious to receive a counter offer from the Board and will apparently take something substantially less than his original asking figure of $4,500 . Mr. Lynch explained to the Board that there have been no land damage cases in this area in the past four or five years. No action was taken on the matter. 309 The Chairman said that the Board of Selectmen Liens on would like to know whether or not the estimated ass- Spencer St. essments filed in the Registry on the Sbencer Street Gustayson Sewer conatitiited a lien on the property. Mr. Lynch _ agreed to draft en instrument releasing the lots now or formerly owned by Amelia H. Gustayson. The Clerk was instructed to give the Town Counsel a copy of the Spencer Street sewer Order. The Chairman said that the Board questioned the effectiveness of the Board of Survey agreements if filed with the Town Clerk and not at the Registry of Deeds. Mr. Lynch said that on the Board of Survey plan which is Board of based upon the Board of Survey agreement, the Town ties Survey up the entire street. If there is an alienation, and Agre0Mefts a purchaser does not know of the agreement with the Town, his property is encumbered only by the encumbrances that have been recorded. If the agreement is not recorded the purchaser may acquire property without any incumbrances. He said, however, that the Town does have a surety bond which guarantees completion of the developments. Mr. Lynch said that if the Board of Survey records the agree- , ment then the Board of Survey should also record the plan. The statute, however, does not require recording Board of Survey agreements. The Chairman said that Article #8 in the Board of Survey agreements is of no real value unless the agreement is recorded at the Registry. Mr. Lynch said that unless the agreement is recorded it does not become a lien on the prdoperty unless the prospective purchaser of such property is so notified. The Chairman asked the Town Counsel if in his opinion Paul Bowser' s name should be included and an amount assessed Paul Nut, on the Order for the acceptance of Grant Street. Mr. Lynch Re °"' replied that Mr. Bowser' s name should definitely be listed Accept- for that portion of the street which is to be constructed ande of and then if the Board so desires, abate the assessment. Grant St The Chairman asked if Mr. Lynch thought it would be ad- visable to notify Mr. Bowser that his name had been included in the Order and the assessment made. Mr. Lynch replied in the affirmative. The Chairman read a letter from Earl W. Garland relative to an accident which occured on April first between a town Garland truck and a motbr vehicle operated by Mrs. Garland. Mr. Accident Lynch advised that no further correspondence be written to Referred Mr. Garland and that a copy of all the letters be submitted To Ins. to the insurance company for investigation and report. Co. Mr. Lynch retired at 8 45 p.m. 310 Mr. Edwin B. Worthen, Sr. and Mr. W. S. Couette met with the Board relative to the report of the committee on the sale and allotment of lots fronting on Hill and Cedar Streets. The Chairman said that the Board of Select- uommittee men had taken the plan which 'the committee had prepared, on Lots which was more or less a study plan, and submitted it to for Veter- the Town Engineer to have the distances determined more ans report accurately. He said that the Board hoped to be able to proceed with the allocation of Atte by the end of May. Mr. Worthen said that his committee did not believe it was the burden of the Selectmen to notify every veteran but the subject should be given publicity in the local paper and through the Commanders of all veteran organizations . The Board had no questions relative to the recommended procedure and Mr. Worthen and Mr. Couette retired at 9: 15 p.m. Care of A letter was received from games J. Walsh, Chairman Veteran' s of the Cemetery Commissioners, stating that all soldier' s Graves graves under the control of the Commissioners are being properly cared for. This communication was in reply to a form letter received from the Mass. Society of ons of American Revolution stating that proper care shall be provided for all veteran' s graves. Mr. Donald E. McGowan' s offer of X300 for certain lots in Colonial Heights was held over from last week. The Clerk was instructed to contact the owner of Lot #229 Colonial Avenue to find out whether or not he would be interested in purchasing lots #227 and #228. A letter was received from Frank R. Shepard requesting permission to rent the town roller and operator for a day Rent Roller to roll his lawn. The Chairman said that he had advised Mr. to Frank Shepard that the Board of Selectmen had passed a vote some Shepared time ago whereby all further requests to rent town equipment would be denied because of the fact that the equipment at that time was so old. Upon motion of Nr. Emery, seconded by Mr. Gay, it was voted to authorize the Chairman to contact Mr. Shepard and to handle the situtation with discretion. A letter was received from Joseph S. Zarella addressed Removal of to Mr. Garrity, Sup't. of Parks and Playgrounds, requesting tree on removal of a tree in front of his filling station on Waltham Zarella Street. The Clerk was instructed to refer the matter back to Mr. Garrityfor his recommendation. Mr. Gay suggested property that a "No Parking" sign be placed in the vicinity of Mr. Zarella' s filling station to remedy any traffic hazard which might be caused by cars parking on this side of the street. 311 The Clerk was instructed to request the Chief of Police to check up on the traffic situation in this area particularly on a fair Sunday afternoon, and to submit his recommendations relative to the possibility of erecting a "No Parking" sigg. A form letter was received from the Board of Selectmen in the Town of Needham relative to the operating deficit of the Rapid Transit System which may be assessed on cities and Rapid towns. No action was taken on the matter. The Clerk Transit was instructed to request the Planning Board to advise the Selectmen of their recoL;mendations relative to the Rapid Transit Report. A letter was received from the Planning Board relative Lovell to a request from the Lovell Bus Lines, Inc. , for permission Bus Lines to open new routes in Lexington. The Planning Board, after Permit studying the proposed routes, found no reason for not grant- ing the permit. Upon motion of Mr. Gay, seconded by Mr. Emery it was voted to grant a permit in the following form * A contract between the Town of Lexington and the Ralston Ralston Tree Service, Inc. for spraying by turbine blower machine of Tree the trees in Lexington. The contract was drawn up by the Service Town Counsel. Mr. Emery moved that the contract be approved Contract Mr. Gay seconded the motion, and it was so voted. * LICENSE In accordance with the provisions of General Laws, Chapter 159A, Section 1, the Lovell Bus Lines, Inc . , a street railway corporation organized and existing under the laws of the Commonwealth of Massachusetts and at present engaged in carrying on a street railway business which includes the carriage of passengers for hire in and upon the public ways in the Town of Lexington, is hereby granted a license to operate motor vehicles for hire over the following described routes No. 1 - From the Lexington-Lincoln Line over the Cambridge-Concord Highway to the Lexington- Arlington Line in both directions. No. 2 - From the corner of Marrett Road and Lincoln Street over Lincoln Street to Middle Street and over Middle Street to Marrett Road in eboth directions. Given under our hands at Lexington, Massachusetts this twenty-eighth day of April, 1947. /s/ William C. Paxton Errol N. T,ockP Selectmen George W. Emery of Frederick M. Gay Lexington 312 oc V.F..W. use of Esta- An application was received from the Veterai of , brook Foreign Wars for the use of Estabrook Hall and the Con- Hall & ference Room on the evening of May 7th and the evening of Conf. May 21st from 8 00 p.m. to 11 00 p.m. Mr. Gay moved that Room-Free both uses of the hall be granted free of charge. Mr. Emery seconded the motion and it was so voted. An application was received from the Lexington Council K.of C. #94, Knights of Columbus, fpr permission to conduct a whilst use of and bridge party in Cary Memorial Hall on the evening of May Cary Hall 8th from 8 00 to 12:00 p.m. Mr. Emery moved that the request $15,04 be granted and that for this particular occasion a charge of 15.00 be made. Mr. Gay seconded the motion, and it was so voted. An application was received from the Lexington Club, Inc. , requesting permission to use Cary Hall on the after- Lexington noons of May 4th and May 18th for rehearsals. Mr. Emery Club Use moved that the use of the hall be granted for May 18th of Hall- only, free of charge. Mr. Gay seconded the motion, and it Free was so voted. Licenses Upon motion of Mr. Emery, seconded by Mr. Gay it was voted to grant the following licenses John W. Leary 45 Waltham Street Public Carriage (ren. ) Enrico Sanseverino 11 Lisbeth Street Kenneth Blodgett 269 Bedford Street Suhday Sales L. J. Foss 1733 Mass. Avenue " " ,Anthony DePaolo 1804 Mass. Avenue Bowling Alley William Viano 1794 Mass. Avenue Suhday Movies Samuel S. Galioto 10 Sylvia Street Peddler A letter was received from Mr. John J. Garrity, Sup' t. of Parks and Playgrounds, informing the Board that Elm Tree he has posted an elm tree at 51 Bedford Street and a hearing Posted on was held on April 18th. No persons appeared in favor or in Bedford St. opposition. Mr. Garrity stated that if the Board so desired he would have the tree removed. The decision was held over for one week. The meeting adjourned at 10 45 p.m. A true copy, Attest,