HomeMy WebLinkAbout1947-11-24SELECTMEN'S MEETING
November 24, 1947
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room on Monday evening,
November 24, 1947. There were present: Chairman
Paxton, Messrs. Locke, Emery, Gay and Driscoll. The
Clerk was also present.
At 7:30 P.M. Messrs. Potter, Spencer and Steeves
of the Committee on Tax Title Properties met with the
Board. Mr. Alan Adams was also present. MIr. Potter
Made d report to the Board stating that from 1939 to
date his committee has looked at and made recommendat-
ions on 442 pieces of tax title property. He also
informed the Board that the Committee strongly recomm-
ends interesting abutters to tax title property in
purchasing it. He said that some of the tax title
property has brought no revenue into the town fdr forty
years, and some of it has been on tax title for as many
as ten years without being presented to the Board. He
asked if the Selectmen had any recommendations or quest-
ions and suggested that the members of the Board look at
tax title property with the committee at any time. The
Chairman stated that the Committee has done an unusually
good job and he hopes that they will continue to serve
in their present capacity. He said that perhaps if some
members of the committee would go around with members
of the Board it might help. He expressed the Board's
appreciation for the work the members of this committee
has done. The group retired at 7:50 P.M., and Mr. Depoe
and several other persons arrived at the meeting.
Bids were received for the installation of a water
main in Maple Street, as follows:
R. A. Buccella & Sons, 20 Cedar Park, Roxbury
Certified cheek for p1,000.
Items #1-7 inclusive
$ 25,375
John MacDonald Construction Co., 90 Rowe St., Auburndale
Certified check for x;600
Amount of bid 9,700
Charles L. Shea, 235 Whiting Ave., East Dedham
Certified check for $615
Amount of bid
111
Tax
Title
Proper-
ty Comm.
meet
with
Select-
men
12,300
Bids
for
Water
main on
Maple
Street
112
The group with the exception of Mr. DeFoe, retired at
7:55 P.M. Par. Emery said that in consideration of the
Maple Street project he thought it would be prudent to
have a test made before the final payment was made to
the contractor. Mr. DeFoe said that he did not believe
it was necessary but said he would conduct a test.
The Board discussed the bids received this evening and
decided to award the bid at the,next meeting on Dec-
ember first. In the meantime the Supt. of Public
Works is to check the financial standing of the three
bidders.
Mr. DeFoe informed the Board that early morning
street lighting was put into effect November 15th.
Mr. Locke suggested that early morning street light-
ing become effective for 5;15 A.M., as soon as possible.
Mr. DeFoe informed the Board that the following
percentages of signatures have been obtained by Mr'.
McIntosh for the construction of a water main in the
Sunnyfield Development:
Ivan Street 49% Calvin Street 40%
Bernard Street 69% Donald Street 28%
Eldredge Street58%
or an average of 49.5%. The Chairman said that this
was fairly close enough to 50%, and asked the Board
if it was close enough to include an item in the 1948
Budget. He suggested that the Sup't. of Public Works
advise Mr. McIntosh that an item will be included in
the 1948 budget but he must have the signatures on
regular assessment sheets ready before the Town Meeting
in March. Mr. DeFoe informed the Board that Mr. Mc-
Intosh has sent out postal cards to all property owners
requesting them to sign the cards agreeing that they
would pay $1.25 a foot and return them to him. The
49.5 % was received on postal cards and Mr. McIntosh
objects to obtaining signatures on assessment sheets.
The Chairman said that if this item is included in
the bddget it is not necessary to install water in any
of the streets until a demand is made by the residents
on the particular streets, at which time assessment
sheets can be prepared. He said, however, that he
believed from the cards that have been signed he would
be in favor of including an item in the badget. Mr.
Locke agreed.
4.0
113
Drainage
The Chairman read a report from the Metcalf and on en -
Eddy Company relative to the drainage problem on the closed
enclosed field, a copy of which report was mailed field
to each member of the Board. The Clerk was instruct-
ed to forward a copy of the report to Mr. Webster
Thomas and Lr. Charles Davis. The Board felt that
this should be discussed with the School Committee and
the School Building Committee at some future time.
The Chairman read a letter from Daniel J. for
Q'Connell to which was attached a petition signed water on
by Caywood & Edith Greening, 688 Marrett Road, req- Marrett
uesting the installation of a water main. The petition Road
was also signed by Biajio and Guiseppea Cacciola, 706
Marrett Road and Clinton A. Moore, 708 Marrett Road.
Adam Grigor of 691-693 Marrett Road, is the owner
of low land opposite the Cacciola property, and does
not want to pay for the water because his property
is unfit for building purposes. Mr. DeFoe reminded
the Board that last winter he came in with a request
from Mr. Cacciola, who wanted the pipe extended up
to his property, a total of 150 feet. However, in-
asmuch as no percentage of signatures had been obtain-
ed the Board did not approve the installation. Mr.
DeFoe said that Mr. Cacciola also requested water last
summer but there was no pipe available. At the present
time 38% of the abutters have signed and pipe is avail-
able. The Chairman stated that originally the policy
of the Board was to obtain 75% of the signatures and
that it would appear to him that before the main is
installed an agreement should be signed by Mr. Grigor
that an assessment will be paid if and when he sells
any portion or all of his farm land. kr. Emery asked
if such an agreement would run with the land. The
Chairman replied in the affirmative and said that it
would be filed at the Registry. Upon motion of Mr.
Emery, seconded by kr. Driscoll, it was voted to
authorize the Supt. of Public Works to install the
water main in Marrett Road from the present end north-
easterly and distant approximately 760 feet, providing
an agreement is first obtained from Adam Grigor that
the assessment will be paid if and when he sells any
portion or all of his farm.
Request
The Chairman read a letter from the State Dep- Remw
Ro
artment of Public Works informing the Board that the teal
State will remove the snow on Route #2A from the end Route
of the state highway on Maple Street to Massachusetts
Avenue.
114
The Chairman read a petition signed by the residents
Temporary of Winter Street requesting temporary improvement of
Winter Street certain sections of this street. The communication
Improvement stated that present conditions will prevent a snow plow
from clearing the snow which will result in the pre-
vention of fire engines and doctors being able to get
through the Street. The Chairman explained that this
is similar to the situation that carne up in Grant Street
and the section the people refer to in Winter Street
is ledge. He suggested that the Sup't. of Public Works
check and find out what he believes it will cost to put
the street in passable condition and report next week.
Arlington The Chairman read a letter from the Arlington Gas
Gas In- Light Company requesting permission to install 108
stallation feet of 4" cast iron pipe in Dexter Road to serve
approved house #162 which is now under construction. The plan
showing the proposed location of the gas main was
approved by the Town Engineer. Mr. Locko moved that
Mr. Locke moved that the
request be granted. Mr. Gay seconded the motion, and
it was so voted. Mr. DeFoe retired at 9:00 P.M.
Taxpayer's
Association
suggestions
Messrs. Sheldon, Hederstedt and Fifield of the
Taxpayer's Association met with the Board. Mr.
Sheldon said that they requested an appointment with
the Board to discuss very briefly the action of the
Directors relative to re -assessment: of the town by
an outside agency.
Item #2 was a recommendation by the Association
that a list of comparative values be published at the
earliest possible date.
Item #3 is what, if anything, should be done
about personal property taxes.
Item #4 refers to the rental of town equipment.
He said that the Directors are anxious to obtain the
Board's reaction, if it.is not premature, to ask for
it, on the matter of re -assessing the town. He said
the Directors would like very much to see an article
in the warrant placing the matter before the town and
they would like the Board to sponsor the article.
The Chairman informed the group that the Board of Select-
men has had a conference with the Board of Assessors
and that they are not opposed to the idea at all.
They are willing to co-operate in any way. The Assessors
115
are checking on the work done in Saugus and the
Selectmen expect to have another meeting with them
and receive a report within a few weeks. i\ir. Fifield
presented a list of concerns who do this type of work
and the Chairman said that he was glad to receive
these names because there is reason to doubt that the
figure of 020,000., mentioned at the Taxpayer's Meet-
ing, would do the job properly. He said he believed that
if the town is going into the problem of re -assessing
and re -valuations it should be done properly. Mr. Sheldon
said that possibly within thirty days the Board might
be in a position to state whether or not it willing
to sponsor an article. If not, the Taxpayer's Assoc-
iation will request the insertion but they prefer to have
it come from the Board. The Chairman stated that he
does not know whether the Board is willing to sponsor
the article but he does not think it will be necessary
to obtain signatures on this ratter. He said that he
believes the Board is satisfied that an article will
be in the warrant. Lir. Emery asked if it would make
any difference to the Directors if it were found to do
the job adequately it would cost 075,000, or are they
all out for this regardless of cost. ".sir. Sheldon
explained that when the Directors voted, the vote was
"if it could be done at a reasonable cost" but no one
determined what a reasonable cost might be. He said
that he felt it was the sense of the meeting that
if it would not exceed $50,030 it would be reasonable.
N:r. Hederstedt said that he thought between $10,000
and ;50,000 would be reasonable. Lar. Fifield stated
that Iiontclair,;lens Falls and South Orange have had
outside concerns r-e-asses:,ing the property. Sr. Fifield
said that he would be glad to contact these towns and
check with them and ask them how long ago the work was
done, how much it cost and if it proved satisfactory.
The Chairman said that he .did not know how the Board
felt about the matter but he would be very glad to
have the Directors contact the towns and.then submit a
copy of whatever information they may get to the Board
of Selectmen.
Mr. Sheldon said that the Directors would recommend
the publication of assessments and valuations and asked
if it were a fair question to inquire as to the Board's
opinion. The Chairman said that the Board of Selectmen
does not care to make any decision and in fact cannot
make any decision. He explained that the Board would
116
proceed with the usual Town Report and anticipates
that the Town Meeting will appropriate the money. It
will then be necessary to have an article for a sure
of money to publish the list of comparative values. Lir.
Hederstedt said that he wanted the years 1946 and 1947
and 1948, and inasmuch as the next Town Meeting'will
be in March, 1947, it will be many months before the
assessed valuation could be published. By that time
the 1946 list will be quite far back. He said that
he believes some of the members or directors thought
there was some way that 1946 assessments could be
published. The Chairman explained that there was
a possibility of trying to Fret a transfer from the
Reserve Fund and the question arises as to whether or
not this would be an emercency. He said he really
believes the only way the money could be made available
was by calling a special town meeting. lir. Locke said
he thought the Town Meeting should pass on this. Mr.
Fiery stated that as a matter of law the Board of
Selectmen had no control over it. Money transferred
from the Reserve Fund should be cla&sified as an ex-
traordinary emergency or an unforseen expenditure
and he said he did not believe the Appropriation Comm-
ittee would approve a transfer even if the Board req-
uested Ie. Sheldon asked how soon they could expect
a report if the money is made available. The Chairman
said that he thought one girl could type it up in two
weeks. !Ir. Adams said it would take two months to
print it. Mr. Emery asked if the present assessments
are published wouldn't they do everything that the
Directors hoped to accomplish. ''ur. Sheldon said it
would be put to the town meeting to decide what they
wanted done.
Er. Sheldon said that his Directors did not get
a favorable vote relative to the personal property
taxes. However, many of them are asking for an opinion
on this whole subject. The Chairman explained that the
Board of Selectmen has not discussed personal property
taxes at all. He said he believes that the Board
would like to ret some ideas of the real estate
problem before they went into the personal property.
Mr. Locke said that the members of the Board may have
individual feelings but he questioned whether the Board
of Selectmen should dictate to the Assessors. He
said he thought it should be done as individuals and
to recor:uaendation made by the Board. Mr. Emery asked
1.171
Cad
1
1
if the Directors thought from their investigation
that the manner in which the Town of Lexington
handles personal property tax is drastically different
from other towns and L,ir. Hederstedt replied in the
negative.
Mr. Sheldon said at the last meeting the Directors
suggested that there might be tines when the rental
of town equipment would be justified. They thought
the action in refusing the equipment might work hard-
ship on some very desirable cases. Ir. Sheldon stated
that this was merely a suggestion and the Directors
are not attempting to dictate a policy to the Select-
men. Pis. Emery asked if he thought it would be pract-
ical to draw a line where the equipment should and
should not be rented. Lr. Sheldon said that he thought
it could be done.
Er. Hederstedt said that he wanted the Board to.
know that no one individual represents the Taxpayer's
Association unless by authority of the Directors. The
group retired at 9:30 P.F.
A letter was received from the Town Accountant
together with a copy of a letter to Mr. Frank L.
Stevens in answer to his inquiry as to how bills are
paid by the town and rendered to individuals for
work or services rendered by the town. The Chairman
said that the explanation seemed to be a statement
of facts. The Board thought, however, that the
letter should be sent to the Town Counsel for his
approval before mailing it to Mr. Stevens.
117,
Rental
of Town
Equip-
ment
Letter
from Town
Acctt. to
F. L.
Stevens
A letter was received from the Torun Counsel together
with a copy of a letter from the attorneys for the Boston
Edison Company relative to a proposed transmission line Edismn
over Butterfield's Pond. Er. Lynch explained that a Trans -
representative of the Boston Edison Company will req- mission.
uest a.:hearing on this matter. The Clerk was instruct- Line
ed to request Er. Lynch to advise the attorneys for the
Boston Edison Company that the Board of Selectmen will
take no action until they have a complete plan of the
entire lay -out and know definitely what the Edison
Company intends to do.
The Board ۥ;ave further consideration to Mr. Thomas
Walsh's offer of $55.00 for Lot 482 Ames Avenue. A
Sale of
Lot 482
Anes
Avenue
118
proposal to sell this lot was advertised in the Nov-
ember 20th issue of the Lexington Minute -Pian. No
persons contacted the Selectmen's Office as the result
of the advertising. Mr. Emery moved that the offer
be accepted and that Lot 482 Ames Avenue be sold and
conveyed to Thomas Walsh. 1r. Locke seconded the
motion, and it was so voted.
A letter was received from the Secretary of the
Commonwealth requesting a certificate of incorpor-
ation signed by Kenneth R. Fox, 12 Bertwell Road,
Lexington. A letter was received from the Chief of
Police advising that Mr. Fox has no record with the
Police Department and in so far as the Chief is
able to determine he is an individual of good
• character and reputation. Mr. Locke moved that
the application be signed. Mr. Gay seconded the
motion, and it was so voted.
An application was received from the V. F. W.
requesting the use of Estabrook Hall and a Con-
ference Room on the evenings of December 3 and 17.
Mr. Emery moved that the use of the hall be granted
free of charge.. Mr. Driscoll seconded the motion,
and it was so voted.
An application was received from the Lexington
Community Nursery School requesting permission to
use Estabrook Hall for a lecture on December first.
Mr. Emery moved that the use of the hall be granted
free of charge. Mr. Loc',e seconded the motion, and
it was so voted.
An application was.received from the Lexington
Club, Inc., for the use of Cary i.emorial Hall for a
Christmas party on December 20th. Lir. Emery moved
that the use of tha hall be granted free of charge.
Lr. Gay seconded the motion, and it was so voted.
Upon motions duly made and seconded it was
voted to grant. the following licenses:
(renewals) Edgar J. Thivierge 1752 Mass. Ave. Common Viet.
+► Countryside, Inc. 400 Lowell St.
K & S 396 Marrett Rd.
.
o
sad1
Mawhinney Motors Sales
Bradford Motor Company
Berman's Market
Joseph Trani, Inc.
William Viano
Theron H. Gough
John J. Rudd
581
34
12
Barrett Road
Bedford St.
Mass. Avenue
1757 Mass. Avenue
1794
451
1849
Mass. Avenue
Concord Ave.
Mass. Avenue
119
1st Class Agent(re:)
1st Class Agent "
Package Goods
Store
Package Goods
Store
Sunday Movies "
Peddler's (new)
Package Goods (re:)
Store
11
The Clerk was instructed to request Mr.
Lawrence Selig to meet with the Board relative to
his application for the renewal of a second class
agents license.
No action was taken on the applications of ren-
ewal of liquor licenses, the Board preferring to hold
them over..
Selig re re-
newal of
license
Liquor
licenses
held over
Upon motion of lir. Emery, seconded by Mr. Locke, Sign deeds
it was voted to sign the deeds prepared by the Town
Counsel conveying Lots 486-491 Balfour Street, Lot 8
Spring Street and Lots on Deering Avenue and Oak Avenue.
Upon motion of Mr. Emery, seconded by Mr. Driscoll,
it was voted to sign the water order for Maple Street
in the following form:
COMMONWEALTH OF MASSACHUSETTS
(Maple Street)
Middlesex, ss. Town of Lexington
WHEREAS, the Town of Lexington at a town meeting
duly called and held on March 24,, 1947, duly adopted
under Article 10 of the warrant the following votes:
"Voted: That the Selectmen be and they hereby
are authorized to install water mains not less than
6" but less than 16" in diameter in such accepted or
unaccepted streets as may be applied for during the
year 1947, subject to the assessment of betterments, and
to take by purchase or eminent domain any ee.sements.nec-
Sign
Water
order -
Maple
Street
120
essary therefor and to appropriate therefor the sum of
$170,000 which said sum shall be raised by the issue
of bonds or notes of the Town, and that the Town
Treasurer, with the approval of the Selectmen be and
he hereby is authorized to borrow the sura of .3170,000
and to issue bonds or notes of the Town to be payable
in accordance -with the provisions of General Laws
Chapter 44, within a period not exceeding fifteen years.
Voted: That the Selectmen be and they hereby are
authorized to install water mains of 16" or more in
diameter in such accepted or unaccepted streets as
may be applied for during the year 1947, subject to
the assessment of betterments, and to take by purchase
or eminent domain any easements necessary therefor and
to appropriate therefor the sura of $100.,000 which said
sum shall be raised by the issue of bonds or notes of
the Town, and that the Town Treasurer, with the approval
of the Selectmen, be and he hereby is authorized to
borrow the sum of $100,000 and to issue bonds or notes
of the Town to be payable in accordance with the prov-
isions of General Laws Chapter 44, within a period not
exceeding twenty-five years."
VOTED: By the Selectmen acting as a Board of
Water and Sewer Commissioners under the authority of
the foregoing votes and of every other power them
thereto enabling, that a water main be constructed in
Maple Street from Lowell Street southwesterly and
distant approximately 2,000 feet, substantially in
accordance with a plan entitled, "Plan of Proposed
Water Lain in Maple St. Lexington, Mass. Scale 1 in.=
100 Ft. Nov. 17, 1947, John T. Cosgrove, Town Engineer."
Betterments will be assessed for this improvement
in accordance with the provisions of Chapter 80 of
the General Laws.
The area which it is expected will receive benefit
or advantage other than the general advantage to the
community from such improvement is described as follows:
That portion of those properties on each side of
Maple Street from Lowell Street southwesterly and
distant approximately 2,000 feet.
1
121
The said area comprises the several lots shown
upon the plan of John T. Cosgrove, Town Engineer,
hereinbefore referred to which are designated in
the schedule hereto annexed and made a part hereof.
We estimate the betterments that will be assess-
ed upon each parcel of land to be as shown in the
schedule hereto annexed and made a part hereof.
Witness our hands at Lexington aforesaid this
24th day of November, 1947.
Selectmen
/s/ Errol H. Locke
/s/ George W. Emery of
/s/ Frederick M. Gav
/s/ William H. _,_ _Lexington
Driscoll
COI. '.:ONWE LTH OF MASSACHUSETTS
Middlesex, as. Lexington 73, Mass.
November 24, 1947
Then personally appeared the above named
Errol H. Locke, George W. Emery, Frederick 14. Gay
and William H. Driscoll and severally acknowledged the
foregoing instrument and statement by them subscribed
to be their free act and deed and the free act and
deed of the Board of Water and Sewer Commissioners of
the Town of Lexington, before me,
/s/ Hazel J. Murray
Notary Public
122
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ODER
MAPLE STREET
From Lowell Street southwesterly and
distant approximately 2,000 feet
Owner as of January 1 194 Assessment
Howard Munroe
Howard and Elmina Munroe
Gail W. & Helen M. Smith
Albert R. & Gertrude E. Kaufmann
Body to lay
in state
2,000.00
1,450.00
850.00
287.50
The Clerk informed the Board that she rec-
eived a telephone call from the Lexington Chamber
of Commerce requesting permission to use an
amplifier on the Common for the purpose of
broadcasting Christman Carols to be sung`by`the
Lexington Choral Society. Mr. Locke moved that
permission be granted. Mr. Driscoll seconded
the motion, and it was so voted.
The Chairman informed the Board that the
Commander of the Veterans of Foreign Wars had
telephoned him stating that Albert J. Moretti,
first of Lexington war dead, will arrive in
New York to -morrow. The V. F. W. would like
to have the body lay in state in Cary Hall for
24 or 48 hours. However, the Arts and Crafts
Society has engaged the hall for the entire
week of December 1-6 for an exhibition and fair.
,The Chairman suggested as an alternative the use
of the Masonic Hall. In the event the body
Pram
1
arrives during the time Cary Hall is being used
and the Masonic Hall is being used the Chairman
suggested the use of Marshall's Chapel. He
telephoned to the Commander but was unable to
obtain any further information and asked him to
contact the Clerk of the Board as soon as he
knew any more details.
Mr. Driscoll said he had talked with the
Chief of Police relative to the applicants for the
position of Veteran's Director and the Chief is
going to have a report on the applicants. The
appointment of a director was held over for
another week pending this information.
Mr. Driscoll reported to the Board that
there is only one street light at the corner of
Waltham Street and Concord Avenue. It was
decided to :request the Sup't. of Public Works
to contact the Boston Edison Co. and request
them to make an investigation of the intersection
and submit a report.
The Chairman spoke about the lighting in
Lexington Center and said it was particularly
difficult to see a police officer on a dark
night. ±ie stated that there are two possibil-
ities remedying the situation: (1) the install-
ation of a spot light similar to the one at
Martin's Drug Store, and (2) improvement of
lighting throughout the entire center.
The Clerk was instructed to request the
Sup't. of Public Works to contact the Boston
Edison Co. and ask for a report of the lighting
in Lexington Center, and also to inquire as to
whether or not they have any information avail-
able relative to the lighting of Massachusetts
Avenue from the High School to the Arlington line.
The meeting adjourned at 10:45 P.P..
A true record, Attest:
123
Veterans
appoint-
ment
held over
Street
Light at
corner of
Waltham
Street
Street
Lighting
in
Center
Lighting
at High
School
to Arl-
ington
Line