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HomeMy WebLinkAbout1947-06-02 431 (SEE page 395) SELECTMEN'S MEETING June 2, 1947 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, June 2, 1947, at 7:30 P. M. There were present: Chairman Paxton, Messrs. Locke, Gay and Emery. The Clerk was also present. Mr. Daniel A. Lynch, Town Counsel., met with the Report of Board. The Chairman read a letter from Mrs. Harriet Injury to aa L. Child, 194 Waltham Street, Lexington, claiming Mrs. Child that she fell on the sidewalk at 1932 Massachusetts because of Avenue, and stated that the fall was the result of derictive cracks in the sidewalk. Mr. Lynch recommended that sidewalk the bup't. of Public Works find out that exact location, take photographs, and find out who was with curs. Child when she fell. The Chairman explained that the Town Counsel had Veteran's been invited to -meet with the Board this evening to Housing discuss Veteran's Housing. He stated that the Engineer- ing Department will have the finished plan ready to file with the Registry within approximately two weeks. The Chairman said that the Selectmen are commited to allo- cate these lots in the near future. He said that someone has questioned whether or not the Town has the right to dispose of the lots in a raffle. Mr. Lynch explained that it will not be a raffle inasmuch as the lots are going to be sold for a definite prise. Mr. Lynch stated that he has read the report of the Veteran' s Housing Committee and he questions the stipulation "that the veteran agrees not to resell the property during the first five years of his ownership except upon the written approval of the Selectmen". He said that he thought the Board should be most careful and hot be put in the position of being in the real estate business. He said that in the event a veteran should die or become ill and is, therefore, unable to keep up his payments no doubt the Board would allow .him to sell. Mr. Lynch suggested that the Board impose substantial restrictions, enter into an agreement with the veteran, submit the agreement to the builder and also submit it for approval of building mortgage and then give them a deed. The Chairman asked if the fife-year restriction would have any bearing on the veterans obtaining a mortgage and Mr. I 432act Lynch said it might hurt them. He suggested having an agreement prepared and submitted to the banks to find out whether or not a mortgage would be given on this type of agreement. He said that until the banks approve the loan the Board should not give any veteran a deed. Mr. Locke asked how much time would be allowed the veterans to make his financial arrangements with the banks. Mr. Lynch replied that the banks to-day want at least a month and sometimes more . Veteran's Mr. Locke asked if the lots would be allocated before the agreements were made and Mr. Lynch replied Housing in the affirmative. Mr. Locke asked how long the town should hold a lot for the veteran and Mr. Lynch said that he would recommend 45 or 60 days. Mr. Emery suggested that the Selectmen notify the Chairman of the Veteran's Housing Committee that the Town Counsel has discussed this subject with the Board of Selectaen and does not recommend including the five-year clause and that the Selectmen are inclined to eliminate it if that committee has something else to suggest. Mr. Lynch suggested that the Board of Selectmen prepare a tentative agreement to submit to the Committee. The Chairman said that the next meeting of the Board of Selectmen would be on June lbth and he would like to have phedagreement prepared by that time. Mr. Lynch suggested that it might simplify matters if Mr. Couette conferred with him in an endeavor to prepare the agreement which would be approved by both the Committee and the Town Counsel and present it to the Board for their next meeting. The Board of Selectmen agreed to follow Mr. Lynch's suggestion. The Chairman said that the next subject to discuss Richards' was the Richards situation on Grant Street. During the Property week-end the Chairman of the Board of Selectmen and Selectman on 101 Emery conferred with Mr. and Mrs. Richards, 101 Grant Street, Grant St. relative to a possible settlement in connection with the const- ruction of Grant Street. Mr. Emery also discussed the subject with the Town Counsel. Mr. Lynch stated that the Board of Selectmen is authorized by vote of the town to take by eminent domain what is needed, but the Selectmen have no authority to purchase the entire tract of land. To purchase the entire tract it would take a town meeting vote and it is not possible to delay any longer if the Board wants to get the property for $4,000. Mr. Lynch explained that in the agreement which he has prepared the grantee should be the Town of Lexington, or one or more persons designated by the Boat(' of Selectmen who who shall take title as trustee or trustees for the town. I 433 The Chairman said that he definith y did not wish any member of the Board of Selectmen to be placed in the position whereby they might be criticized. Mr. Emery said that if the Board doesn't take advant4ge of obtaining this property at the price of $4,000 it may eventually cost between $8,000 and $10,000„ and he would be willing to pur- chase it as a trustee. He said that he did not believe that it would benefit Mr. Richards if he gave the Town an option. The Chairman asked if the street had to be built according to the plans filed and Mr. Lynch replied in the affirmative. He said that Selectmen can take only what they need. The Chairman asked if Mr. Richards could sell the front lot for $4,000 and sign an agreement to dispose of the balance at the next Town Meeting. Mr. Lynch replied in the affirmative and asked why the Board didn't proceed to take the Front land by eminent domain. Mr. Emery asked if Mr. Richards would have any liability and Mr. Lynch replied that he would have none whatsoever. He said that Mr. Richards would give the town a confirmatory deed and that the Selectmen do not need any further authorization to take the front land. He said that Mr. Richards will receive a notice from him, by registered mail, that the town is taking the land by eminent domain, awarding him $4,000. Mr. Lynch said that he would have to notify Mr. Richards of his right to claim a Jury assessment. Mr. Emery said that he did not recommend that. Mr. Lynch said that the Board could have Mr. and mrs. Richards sign the agreement and inform them that the Town Counsel feels that the land must be taken by eminent domain. The Chairman asked how the Board felt. He asked if the Board wanted to have some citizen purchase the property for $4,000. Mr. rmery said that it would be all right only if the Board was in favor of doing it that way. M . Gay said that if by some chance the Town Meeting does not vote to take the land, the individuals who purchased it will be left in an embarrassing position. Mr. Lynch asked if it would do any harm to discuss the eminent domain proceedings with Mr. and Mrs. Richards and Mr. Emery said that they would not understand it . The Chairman asked what the Board desired to do. Mr. Gay said that ne felt as Mr. Emery did. He said that he thought it would oe too bad to let this slip out of our hands. Mr. Emery asked if the Board thought there would be criticism if two individuals purchased the property. Mr. Lynch asked if someone other than members of the Board of Selectmen could purchase it. Mr. Lynch said that the Board would lose nothing by having the agreement signed and follow it up by eminent domain and thereby eliminate any danger of losing it. He said that he thought it would be I 434 r'' wise to have the agreement signed and then take the property by eminent domain. It was decided to have the Board sign the agreement and submit it to Mr. and Mrs. Richards for their signature. It was further decided that the Chairman and Mr. Emery meet with the Mr, and Mrs. Richards. Mr. Lynch retired at 8:35 P. m. The Chairman said that he would suggest informing Mr. and Mrs. Richards that the Board had disnussed this subject with the Town Counsel and after they have signed the agree- ment tell them that there are a number of different ways of working this out, and that they may receive from the Town Counsel eminent domain papers but not to be disturbed. Mr. Locke said that he was surprised to see in the agreement anything about trustees. Mr. Emery said that he merely had that put in to make it brbad enough so that the Board can take the land and it was included in the agreement at his suggestion. Mr. Locke said that it might raise a question in Mr. Richard's mind as to what the trustees are for. Mr. Emery said that he believed Mr. Richards would trust him if he told him that it was a legal way of handling it. Mr. Locke said that he personally would prefer not to have private individuals involved. He said that it might very well dead to some embarrassment and require quite a lot of explaining. The Chairman said that he thought the Board should invite Mr, and Mrs. Richards to meet with them and lay the entire problem on the table, and advise them that according to the town vote the Selectmen are not author- ized to purchase the entire tract. He said that he would suggest explaining to them about the eminent domain papers and to advise them that they will have a. right of Jury trial which may take two or.three years, but if they are agreeable they can get the $4,000 in approximately four weeks. He said that the Board could not take the Della Thurston land but will take an option on it and present it to Town Meeting. Mr. Locke said that he thought that there were certain advantages in explaining the entire situation. Board of A Board of Survey Hearing was declared open at 8;37 Survey Hear- P.M. upon the application of Lexington Estates Trust for ing Postponed the approval of Sherburne Road as shown on a plan entitled to June 16, "plan and profile of Sherburne Road, Lexington, Mass:, 1947. May 21, 1947, Scale 1 inch = 40 ft." A notice of the hear- ing was inserted in the May 21, 1947, issue of the Lex- ington Minute-Man. The petitioner, Mr. Stanley Higgins of the Engineering Department, and two other persons were present. Mr. Ryder explained that he would have to ask 435 for more time inasmuch as his engineers have not completed plans. The Chairman explained that the Board of Selectmen mould not hold another meeting until rune 16th and Mr. Ruder said that his engineers will surely have the plans ready by that date. The Chairman asked Mr. Ryder if he would like to have the hearing adjourned and Mr. Ryder replied in the affirmative . Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to adjourn the Board of Survey hearing until 7:30 P.M. , on Monday, Tune 16, 1947. Mr. Ryder, Mr. Higgins and two other persons retired at 8;40 P.M. Mr. R. L. McQuillan, Chairman of the Board of Health, Chtm Bd. met with the Selectmen. Mr. McQuillan informed the Board of Health that there are two houses on Harding Road which have been re: Cess- purchased by veterans who are having difficulty with the pools. cesspools. He explained that the Health Inspector has never approved the cesspools. He said that the sewage seeps out into the street and is very unsanitary and the Board of Health may be placed in a position to declare the houses as a health menace and order them vacated. He said that both owners have instigated proceedings against the builder. The Chairman suggested that the Board contact Russo, explain the situation to him, and find out whether or not it is possible to install the sewer from Williams Road to Simonds Road in the near future to eliminate the existing health menace. Mr. McQuillan reported on the progress of the proposed Board of Health Rules and Regulations, and discussed at length matters pertaining to the Board of Health. Mr. McQuillan retired at 9:20 P.M. Mrs. Frank Corcoran, 21 Cliff Avenue, met with the Petition Board. She explained that she had requested this appoint- presented meat with the Selectmen to-night because she wanted to re: Boa present a petition signed by about approximately 135 St. rail- persons as the result of the recent accident at the Bow road Street railroad crossing. She said that the petition does crossing not suggest a remedy but is merely a request to the Board of Selectmen that something should be done to provide more adequate protection at this crossing. The Chairman explained that the responsibility is with the Boston and Maine Railroad. He assured Mrs. Cocoran that the Board would do every thing possible but he could not tell what the real solution might be. Mrs. Corcoran retired at 9:30 P.M. The Clerk was instructed to forward the petition to the Town Counsel and ask him to contact the counsel for the Boston & Maine Railroad to find out whether or not they have any suggestions or recommendations. I 436gut Mr. Antonio Busa met with the Board. He informed the 111 Antonio Board that on May 16th he had a Board of Appeals hearing Buss re: requesting permission to erect a house on a lot of land Board of which does not have the required frontage. Mr. Busa Appeals presented a tracing of a plan of Arlington Heights Terrace Hearing dated October 15 , 190, showing a road which he claims the Board of Appeals were unaware of at the time of the hearing. Mr. Locke said that apparently the Board of Appeals assumes that there was no road as a town way. The Chairman suggested that Mr. Busa leave the tracing with the Board and the Town Counsel would be consulted. Mr. Locke said that with the evidence Mr. Busa now has it may be possible for the Build- ing Inspector to issue a permit without a Board of Appeals hearing. The Chairman said that Mr. Busa could still request a Board of Appeals hearing and if it is not necessary it can be cancelled. If it is necessary he will have saved some time. Mr. Busa retired at 9: 55 P.M. The Chairman read a letter written by George Wadsworth, School Secretary of the Lexington School Committee, addressed to the Board Town Clerk , stating that the school committee has nominated Appoint'mt Adolph W. Samboraki and Mr. Bertram p. Gustin as their rep- to Recreat- resentatives on the Recreation Committee. Any recommendation ion Comm. by the Board was held over until the next meeting. Upon motion of Mr. Locke, seconded by Mr. Gay, it was voted to approve the contract between the Town of Lexington and the F. A. Bartlett Tree Expert Co. for furnishing materials and pernorming all work necessary for spraying by airplane , trees in Lexington located on approximately 143 acres of parks and cemeteries. The contract has been approved by the Town Counsel. A bond was received on behalf of Edwin C. Maguire Approve as Constable in the penal sum of $1,000. Mr. Locke moved Bond of that the bond be approved. Mr, Gay seconded the motion and E C Maguire it was so voted. Constable The Board gave further consideration to Mr. Joseph geavitto's offer of $150 for Lots 153-156 inclusive on Voted to Bellflower Street. This offer was advertised in the May Sell Lots 27, 1947 issue of the Lexington Minute-Man. Mr. Locke 153-156 moved that the offer be accepted and that the lots be Bellflower sold and monveyed to Joseph Scavitto. Mr. Gay seconded St. the motion and it was so voted. 11 437 A letter was received from J. W. Greer relative to J.W. Greer the parcel of land off Westview Street which he desires offer post to purchase for the purpose of going into light manufac- poned at turfing. Mr. Greer asked the Board to postpone any his req- action until he is able to make some kind of an arrange- uest ment with the railroad relative to an entrance to the property. The Board informally agreed not to refuse his offer of $3,000 and also not to advertise it. The Chairman informed the Board that Mr. Axel D. Axel D. Wilson would like the Boardto recondider his offer of Wilson $100 for Lot #77 Marrett Road. Mr. Wilson originally re: lot made an offer in September, 1946, but at that time it 77 Marrett was decided not to sell the property. The Chairman Rd. said he would like to obtain further information on this parcel of land before making any decision. On motion of Mr. Locke, seconded by Mr. Gay, it was voted to approve the following licenses: Licenses William Viano 1794 Mass. Ave. Sunday Movies Countryside Assodiates Lowell St. " Golf George R. Reed & Son, Inc. 1721 Mass. Ave. " Sales Margaret Callahan McLaughlin 25 Harding Rd. Auctioneer The Chairman read a memorandum from the Sup't. of Approve Public Works requesting permission to detour traffic Detour up Revere Street, turn left on Hancock Street, proceed to Burlington, continue to Simonds, turn left and con- tinue to Bedford Street. Due to the extra deep cut of 18' near Ledgelawn Avenue it appears that this const- ruction would be expedited by the proposed detour. Mr. Gay moved that the request be approved subject to the sanction of the State Department of Public Works and providing the contractor makes some arrangements for insur- ing the safety of traffic crossing the railroad tracks on Revere Street. Mr. Emery seconded the motion and it was so voted. A legal opinion was received from the Town Counsel Legal regarding the right of the Board of Selectmen to dispose Opinion of the fire station on Merriam Street. Mr. Lynch stated re: that in his opinion the Board of Selectmen would require Fire Ste,: an enabling vote of the Town Meeting authorizing the on Merriam sale of the fire station property before such a sale St. could be made legally. 438 4, t � I Legal A letter was received from the Town Counsel regard- ' Opinion the right of the town to take an easement on private Re: property for the purpose of installing a water main. He Installa- stated that the 1947 Town Meeting authorized the Selectmen tion of to install water mains in such accepted or unaccepted Water streets as may be applied for subject to the assessment Mains. of betterments. The installation of a water main in Summit Road was not upon the application of anyone but was upon order of the Board of Selectmen. He stated that this falls short of the requirements specified in the vote of Town Meet- ing. However, if the Board of Fire Engineers apply to the Selectmen for the installation of a water main, such application would bring the project within the vote of the Town and would enable the Board to take any easements necessary by eminent domain and complete the installation. The Chairman said that possibly the Town Counsel did not understand that Summit Road is not even laid out'. Mr. Emery agreed to discuss the matter with Mr. Lynch. The Chairman read a letter from Mr. Lynch relative to Legal a communication addressed to the Board of Selectmen and Opinion signed by W. Tohn and Frances May Baskin with reference to Re: offer the laying out of Grant Street and Pine Knoll Road. Mr. Lynch of Baskin stated that in his opinion the offers of surrender by Mr. to Baskin are a nullity and of no effect. He said that the surrender Selectmen have the right, regardless of the letters to continue the construction of Pine Knoll Road and Grant Street and to property compute and levy an assessment against the property of Mr. Baskin. Mr. Locke moved to deny Mr. and Mrs. Baskin's offer to surrender their property located on Pine Knoll Road and Grant Street. Mr. Gay seconded the motion and it was so voted. The Chairman read a letter from Mrs. Steele Lindsay Clinic, said resigna- Resigna- resigning as Chairman of the Posture C , g na tion to become effective immediately. Mrs. Lindsay stated tionio. Steeleof in her communication that at a recent meeting of the Visiting MLindsay Nurse Association it was voted to suggest that the Posture Clinic be placed under the supervision of the School Committee. It was decided to request Mrs. Lindsay to continue to serve in the capacity of Chairman until after Labor Day, which would give the Board an opportunity to confer with the School Committee and obtain their recommendations relative to the proposed change. The meeting adjourned at 11;15 P.M. A true copy, Attest, 1 electmen. vv,