HomeMy WebLinkAbout1947-12-22169
SELECTMEN'S MEETING
December 22, 1947
The regular meeting of the Board of Selectmen
was held in the Selectmen's Room on Monday evening,
December 22, 1947, at 7:30 P.M. There were present:
Chairman Paxton, Messrs. Locke, Finery, Gay and Driscoll.
The Clerk was also present.
Jurors
At 7:30 P.M. Mr. James J. Carroll, Town Clerl,
met with the Board for the drawing of five jurors;
Mr. Milton F. Hodgdon, Production Control,
36 Hayes Avenue, was drawn to serve on Criminal
Business.
Mr. George B. Cole, General Manager 97 Blake Road,
was drawn to serve on Civil Business, Second
Session..
Mr. Frank E. Hudson, Telephone, 24 Baker Avenue,
was drawn to serve on Civil Business, First
Session.
Mr. Daniel H. Freeman, Advertising, 305 Bedford
Street, was drawn to serve on Criminal Business,
First Session.
Mr. Douglas D. Sweetser, Department Manager, 2
Hilltop Avenue, was drawn to serve on Criminal
Business, first Session.
Mr. Carroll retired at 7:34 P.M.
A hearing was declared open upon the application Rix
of David A. Rix for permission to operate a gasoline Hearing
service station and two car lubritorium, and to install
five underground tanks for the storage of gasoline,
fuel oil and waste oil on premises at Waltham Street
and Marrett Road. Mr. Rix, his counsel, Mr. Henry W.
Davies, and one other person was present at the meeting.
A notice of the hearing was read by the Chairman. The
Chairman explained that the petitioner wanted permission
to store gasoline in four 2,000 gallon tanks and waste
oil in one 550 gallon tank, and fuel oil in one 550
170
Lincoln
Street
Dump
gallon tank. The application was approved on
November 10, 1947, by Roy A. Cook, Chief Engineer
of the Fire Department. Mr. Charles J. Deveau,
145 Clerk Street, was under the impression that the
petition was for a new filling station. However,
when the Chairman explained that the station has been
there for a number of years and Mr. Davies, his
attorney, stated it was for the sole purpose of the
hearing to ratify and confirm a license which Mr.
Rix now holds, Mr. Deveau had no objections. Upon
motion of Mr. Driscoll, seconded by Mr. Gay, it
was voted to grant a license to Mr. David A. Rix
for permission to operate a gasoline service
station and two car lubritorium, and to install •
five underground tanks for the storage of 8,000
gallons of gasoline, 550 gallons of waste oil
and 550 gallons of fuel oil at premises on 'Waltham
Street and Marrett Road, providing Mr. Rix returns
for cancellation the existing license. The hearing
was declared closed at 7:43 P.M., and the group
retired.
Mr. R. L. McQuillan, Chairman of the Board of
Health, and Mr. George Russell, a member of the
Board of Health, met with the Selectmen. Mr.
McQuillan said that he and Mr. Russell feel that
in many ways the dump on Lincoln Street is a
nuisance. The Chairman said that he believed
the Health Inspector should work very closely with
the dump attendant and the Police Department, in
an effort to determine who is dumping garbage in
the public dump. Mr. McQuillain: said that one of
the citizens of Lexington dumped the garbage
there because no collection had been made for
three weeks. The Chairman said that regardless of
the collection he did not think that was any excuse
for violating the law and dumping garbage on
Lincoln Street. Mr. McQuillan said the greatest
complaint he has had has been because of the burn-
ing and the stench. Mr. Russell said that he went
to the dump today and had a long conversation with
attendant. The attendant arrives at 7:00 or 7:30
in the morhing and .right in the middle of the
dump was a large pile of refuse that had been
dumped there by some unknown person. Mr. Russell
said that he has been down to the dump several
171
times in the last ten days and there.is always spoiled
fruit there. He suggested that the attendant, who
has been appointed a special police officer, be given
a badge. Mr. Russell said that the sign states that
the dump is open from 7:00 A.M. to 7:00 P.M., but
the attendant goes home at four o'clock. He said he
thought the only way to control the dump was to erect
a fence and a gate. The Chairman said that he was
pessimistic about that because he thought the refuse
would be thrown over the fence or along Lincoln
Street. He suggested that publicity be given in
the local paper on the subject explaining about the
increased cost of maintenance and the conditions
caused by the citizens of the town. Mr. Russell
also felt that there should be a sign prohibiting
dumping by individuals from out of town. The
Chairman said that the Board could see that the
attendant has a badge and more specific instructions.
Mr. Emery suggested that a letter be sent to the
fruit and grocery stores on the subject. Bir.
McQuillan said that he would like to see this done
under Health Education.
Mr. McQuillan said that he would like to have
the Selectmen give some consideration to the matter
of sewerage in North Lexington; that is, to the
time the town should allow.the residents to connect
with the sewer. He suggested that possibly a year
would be all right. The Chairman said that a year Sewer
is certainly adequate as far as the people in the Connect -
Manor are concerned but he questioned it so far as ions
the Department of Public Works is concerned. He
said there are about 200 houses up there to be
connected and the project is not finished. He said
he believed two years would be the maximum length
of time that the people should have to connect with
the sewer. He thought this would also give the
Public Works Department ample time.
Mr. McQuillan said that the Board of Health felt
that they should have a physician as a member of
the Board of Health, but the physician is not active.
He said at the present time the Board of Health is
more or less a two man Board. He said that both
he and Mr. Russell felt that it should be a five
man Board. The Chairman explained that a three
Re:
Board
of
Health
172
F. K.
Johnson
re:
Drain Cost
man Board of Health was established by an
Act of Legislature and the Selectmen would find
out whether or not the Act could be amended. Mr.
McQuillan and Mr. Russell retired at 8:22 P.M.
Mr. F. K. Johnson and Mr. DeFoe met with
the Board. The Chairman explained that two weeks
ago the Selectmen discussed the drainage prop-
osition'and the Sup't. of Public Works had out-
lined two possibilities; one, coming through
the Boston & Maine R. R. and the other going
along the right of way up to Johnson's Garage.
The Chairman explained the proposals to Mlr.
Johnson by use of a sketch made by the Engineers.
He said, as he recalled it, there was some
discussion relative to a betterment to the Johnson
property and the Board would like to know whether
or not Mr. Johnson would be willing to pay part
of the cost. Mr. DeFoe explained that in the
present location the cost would be $4,373.00;
going through the Boston & Maine the cost would
be $6,000., and a third scheme would be $5,000.
Mr. Johnson asked what usually happens in cases
like this and the Chairman explained that this
was more or less unusual. He said that the
present ditch would take care of the flow of
water
ivatzr and where Mr. Johnson wants
to erect a building the cheapest thing would be
to bury the pipe in the present location. Mr.
Johnson explained that the water does not
originate in his property. Mr. Johnson asked
what portion of his property would be involved
and Mr. DeFoe replied that it would be about
50/50 proposition. Mr. Gay asked Mr. Johnson
what his plans were for building and he said
that he hopes to put a building in the corner
some day and to extend the garage further back.
He said that he has no proposition in mind
except that he would like to get rid of the brook.
He said that he would like to know how much it
was going to cost him and it certainly would not
be worth $2,500 to him.
1
He suggested that the Board tell him what his
share would be and then he would say whether or
not he felt it would be worth it. The Chairman
suggested that the Board of Selectmen discuss
this subject and then advise Mr. Johnson what
the Board feels the assessment or betterment
would be, and possibly he could meet with the
Board again for further discussion. Mr. Johnson
said he knows it is not worth $2,500 but he would
be glad to listen to the Board's proposition.
The Chairman asked him about the value of the
building he proposed erecting and he replied that
anything he would erect would be 50 x 80 or 100
feet long. The Chairman asked if it would be
heated and he replied in the negative. The Chair-
man asked if it would have a concrete floor and
he said it would be Erected so that a floor could
be put in. Mr. Johnson retired at 8:40 P.M.
The Chairman asked if the Board wanted to
disucss this subject now or have time to think it
over. Mr. Emery asked if it were included in the
1948 budget and the Chairman replied in the affir-
mative. Mr. Locke asked if the Board wanted to
do the Fire Station any way and Mr. Emery replied
in the affirmative. The Chairman said that he
believed this was another step in the completion
of the town drainage program and he could not see
where the town could assist Mr. Johnson to any
great extent. Mr. Locke said that he believed
by straightening the brook out and taking out
the kink it would be possible for Mr. Johnson
to get space to increase his garage. He said that
he can reclaim 4,000 feet of available space to
build on. The Chairman asked how much the Board
thought it was worth. Mr. Locke replied that he
had a figure but he thinks it might be a little
high. The entire Board agreed that it was reason-
able to ask Mr. Johnson to pay some portion of
the cost. Mr. Locke and Mr. Emery suggested a
figure of $1,000. Mr. Gay recommended $1,000.
and the Chairman suggested a figure of $500.
Mr. Driscoll said that he felt $1,000. was all
right. The Clerk was instructed to advise Mr.
Johnson that an item will be included in the
1948 Budget requesting an appropriation for this
173
Determine
Amount for
Betterment
Assessment
Johnson
Property
174
work provided he is willing to pay an assess-
ment of $1,000. and give the Town a ten foot
easement through his property.
The Chairman asked the Clerk to check With
the Chief of Police and see that Mr. Paladino,
the dump attendant, has a special police badge.
Request Mr. DeFoe informed the Board that the Chief of
Chief Police will not issue a badge to Mr. Paladino
to issue unless he is requested to do so by the Board.
badge Mr. Locke moved that the Chief of Police be
to -instructed to issue a special police badge to
Paladino Mr. Sebastiano Paladino, attendant at the
Lincoln Street dump. Mr. Gay seconded *he
motion, and it was so voted.
The Chairman requested the Sup't. of
Public Works to erect a sign at thedump on
Sign for Lincoln Street to the effect that the dumping
Dump area is for Lexington residents only and also
post a sign "No Garbage".
The Chairman suggested that the Sup't.
of Public Works check the cost of erecting a
cyclone fence. Mr. Locke said that he tlimight
Fence it would be a shame to spend the money for a
for the cyclone fence if it is not going to work. Ur.
Dump Locke suggested a wire fence on wooden posts
with a wooden gate. The Sup't. of Public
Works was also instructed to erect a sign
stating that the dump would be open from
8:00 R.M. to 4:30 P.M.* Mr. DeFoe agreed to
obtain figures on the cost of erecting a wire
fence on wooden posts and a wooden gate and
report to the Board.
Meter
Reading
Complaint
rat
1
Mr. E. F. DeSonie, 90 Spring Street, wrote
a letter relative to the water bill which he
claims to be excessive. Mr. DeSonie stated
that the meter reader informed him that he had
not gone over the allowed consumption. Mr.
DeFoe said that he had received a copy of this
letter and was having it checked and would
have a report for the Board next week, and
he informed the Board that he does not recall
*and on Sundays from 8:00 A.M. to 2.30 P.M.
receiving any communication from Mr. DeSonie.
The Chairman said that the meter reader should
not determine the overcharge or under -charge and
should only read the meters.
The Chairman read a letter from J. S. Arms-
trong, 152 Woburn Street, reporting damage to
his home which he claimed has been caused as the
result of the blasting during the installation
of the sewer on Woburn Street.
A similar letter was received from Margaret
E. Collins, 160 Woburn Street. The Chairman said
he assumed the contractor would be covered by
adequate insurance. Mr. DeFoe said that he
intends to write Mr. Russo, the contractor, calling
his attention to the fact that according to the
agreement the contractor is responsible.
The Chairman informed the Board that is has
been the usual custom to allow the Public Works
Employees to go home at noon the day before
Christmas. Mr. Gay moved that the Public Works
Department be closed at noon the day before
Christmas. Mr. Emery seconded the motion, and
it was so voted. Mr. DeFoe retired at 9:20 P.M.
The Chairman read a letter from the East
Middlesex Mosquito Control Project recommending an
an appropriation of$6,000 for 1948.
The Chairman read a letter from Mrs. Walter
W. Webber, 18 Francis Street, Woburn, stating
that she is willing to pay $100., the offer
entertained by the Board for Lots 214-217 on
Freemont Street. Mr. Gay moved that a proposal
to sell the lots be advertised in the Lexington
Minute -Man and that further consideration be
given the matter at the next meeting of the Board.
Mr. Locke seconded the motion, and it was so voted.
The Board gave further consideration to John
Collins' offer of2; for lots 25, 26, 28, 29
and 30 on Fairland Street. A proposal to sell these
lots was advertised in the December 18th issue of
the Lexington Minute -Man. No persons contacted the
175
Blasting
Complaints
Public
Works
Close
at noon
Dec.
24th
Mosquito
Control
Tax Title
Property '
176
Selectmen's Office as the result of this adver-
tisement. Mr. Gay moved that the offer be
accepted and that lots 25, 26, 28, 29, and 30
on Fairland Street be sold and conveyed to
John Collins. Mr. Emery seconded the motion,
and it was so voted.
The Board gave further consideration to
Tax ' Charles H. Miller's offer of *150 for Lots 17,
Title 18, 19, 21, 22 and 23 on Eastern Avenue. A
Property proposal to. sell these lots was advertised in
the December 18th issue of the Lexington Minute
Man. No persons contacted the office as the
result of this advertisement. Dur. uay moved
that the offer be accepted and that lots 17,
18, 19, 21, 22, and 23 on Eastern Avenue be sold
and conveyed to Charles H. Miller, Jr. Mr.
Emery seconded the motion, and it was so voted.
The Chairman read a letter from William
Bill before G. Potter informing theBoard that the State
legislature Legislature is about to be presented with a
for new bill calling for the establishment of a private
cemetery cemetery to be located in the area in Lexington
known as the Minute Man Golf Club. Mr. Potter
states that there has been apparently no effort
made to obtain the sentiments of Lexington res-
idents nor an opportunity given the citizens of
the town to object to such a project and no re-..
quest has been made for a change in the present
zoning By-laws. The Clerk was instructed to
write Representative Charles E. Ferguson and
request him to advise the Board as soon as
such a bill is proposed.
The Chairman read a letter from the Planning
Board relative to the petition from the Middle-
sex and Boston Street Railway for permission
to operate a bus route from Bedford Street through
Simonds Road, Burlington Street, Hancock Street
to Bedford Street. The Planning Board consider-
ed the matter and suggests the Board's decision
take into consideration the following consider-
ations:
1. Hancock Street is now closed to vehicles of
over two tons. This is a safety measure and we
should judge that it would apply to buses as
well as to trucks.
177
2. An informal survey has shown that the
residents of Hancock Street as far as Adams
Street, at least, do not need bus service nor
want it on their street. It would appear that
busses would use this street rather than serve
it.
3. Bus routes through purely residential areas
do not enhance the desirable characteristics of
such areas. Streets in such areas were not built
with a view to their being so served with the
result that busses would create undue hazards and
annoyance. Existing homes were built without
existence or expectation of bus service.
4. It is true that bus service tends to cause
residential construction. However, should it do
so in the area in question it would make for
more traffic congestion and more hazards in the
residential areas through which it would pass
en route to the area served. If bus service is Bus
desired as a means of stimulating residential Route
expansion it should operate through and along Denied
routes that are built for this kind of traffic.
5. If this petition is granted, where is the
logical stopping point for local feeder service?
Should feeder lines be permitted through all
residential areas regardless of the width of
streets and the type of street construction?
In a sense the establishment of bus feeder
routes throughout the town would produce the
same sort of change that was considered undesirable
by many if rapid transit should serve the town.
The town would become busier, noiser and, in general,
less like it has been in every way.
6.. If regardless of these considerations it is
felt desirable to permit bus service to the areas
in the Manor district then would it not be best
to have the route enter through Simonds Road
and leave through, say, Revere Street? How-
ever, the residents in this area near Bedford
Street would not benefit. Moreover, these streets
are not designed for bus service and there is a
school on Bedford Street across from the entrance
178
to Simonds Road. Square turns at these inter-
sections are not the most desirable.
Upon motion of Mr. Emery, seconded by Mr. Dris-
coll, it was voted to inform the Middlesex &
Boston Street Railway Co. that the Board of
Selectmen and the Planning Board of theTown
has considered the petition and that both
Boards are not in favor of the proposed routing.
However, if a representative of the company
desires to discuss the matter further with the
Board an appointment will be made.
A letter was received from the Town Counsel
relative to the acquisition of land for a new
elementary school from William J. Wilson, William
E. Porter, John Porter, Elizabeth M. Burton,
John H. and Eleen C. Peterson and Jennie Porter,
as authorized by a vote of the Town Meeting
September 29, 1947, under Articles #20,21,22,
School 23 and 24. The Town Counsel also attached his
Property bills for services and disbursements. Mr. Emery
moved that the bills be approved for payment;
this payment to be made from the appropriation
for the acquisition of this land. Mr. Locke
seconded the motion, and it was so voted.
A letter was received from the Town Counsel
Pension relative to the rights of the town, and employees
System of the town under provisions of General Laws,
Chapter 32, which is the so-called Contrib-
utory Retirement System for Public Employees.
The Clerk was instructed to have copies of the
communication made for each member of the Board.
Bill for
Janitor
Service at
Library
Moretti -
services
Use of Hall
Boston Edison
Company
L
A bill in the amount of $6.00 was received
from the Library for janitorial services necess-
ary at the East Lexington Library after the
Moretti Memorial Services. Mr. Emery moved that
the bill be approved and paid from the Un-
classified Account. Mr. Gay seconded the motion,
and it was so voted.
An application was received from the Boston
Edison Company for permission to conduct an
electrical fair in Cary Memorial Hall on June
179'
22 and 23, 1948, from 1:00 P.M. to 10 P.M.
All residents of the Town of Lexington will Use of
be invited and no charge will be made for Hall --
admission. The purpose of the fair is in co- Boston
operation with the local electrical dealers. Edison
Mr. Emery moved that the use of the hall be Company
granted subject to a charge of $35.00 for each
day. Mr. Gay seconded the motion, and it was
so voted.
Upon motion of Mr. Locke, seconded by
Mr. Gay, it was voted to grant the following License -6
licenses:
Ye Towne Diner 1722a Mass. Ave. Common Victualler (ren.)
Wildacre Inn 50 Percy Road Inn Holder's "
George R. Reed &
Son, Inc. 1721 Mass. Ave. Common Victualler "
Old Coffee House 1775 Mass. Ave. " " "
Mary A. & Ernest
Rowland 150 Lowell St. " " "
William Viano 1794 Mass. Ave. Sunday Movies
An application was received from Anthony Deny
DePaolo for a license to maintain two pool tables License
at 1804 Massachusetts Avenue, Lexington. Mr. for
Driscoll moved that the application be disapproved. pool 1
Mr. Gay seconded the motion, and it was so voted. tables
The Chairman said that the Board of Assessors
would like to go to work and, therefore, appointments
should be considered. Mr. George W. Emery retired.
The Chairman asked if there"were any: suggestions
for two members of the Board, the terms of Messrs.
Emery and Shanahan expiring on December 31, 1947.
Mr. Driscoll explained that these men were new to
him and he was new to the Board. Mr. Locke said
that he does not know why any question came up
about re-appointd;ng them. Mr. Gay said he was the
one who asked to have the appointments held over.
Mr. Driscoll asked if they could work without
being reappointed. The Chairman explained that
there are approximately 400 new houses to be
assessed and if the appointments are not made
it causes a great deal of dissension, and he
180
believed the Board should either reappoint these
two men or appoint two new men. Mr. Gay said
that it has been his feeling that appointments
should not be acted on the first night. He said
he thought all appointments should be given
consideration. Mr. Gay said that he wanted to
give these appointments some thought because one
of the men showed poor judgment on one occasion
that he knows about. Mr. Driscoll said that
being a new member of the Board of Selectmen he
would prefer to be guided by Mr. Locke's and the
Chajrman's opinions. He said he did not know
how long these two men have served as Assessors
but he would know they had given a great deal of
time. The Chairman said that even though the
Town approves a re -valuation of all property,
the town is still in a critical period and the
men on the Board now have six years or more
experience'which will be of tremendous value
Appoint over a new man who would have no experience.
Emery and He said that the Board of Selectmen is going to
Shanahan to have a difficult problem relative to the Engineer -
Assessors ing Department and if the Board of Assessors is
upset the Selectmen may find themselves in a
position of having more problems to solve than
can be satisfactorily handled at the same time.
Mr. Locke said that he personally is in favor
of re -appointing these two men and he can see
no reason for not re -appointing them. He said
that he is convinced that they have done a good
job and if two men were appointed it would be
more or less an expression of dissatisfaction with
the present Board. He said that he personally
was not ready to go on record of not reappointing
the present Assessors. Upon motion of Mr. Locke,
seconded by Mr. Driscoll, it was voted to re-
appoint Leland H. Emery and William H. Shanahan
as members of the Board of Assessors for a term
expiring December 31, 1950. Mr. George Emery
returned to the meeting.
The Chairman asked if the Board had come
to any decision aeraaive to the easement over
Butterfield's Pond. Mr. Locke said that he
thought the Boston Edison could take the land
181'
any way. The Chairman said that he knows the
Boston Edison has already purchased an easement
through the Steven's Gravel Pit and if they are Trans -
unable to obtain an easement from the town they mission
can take it tb Court. The Chairman suggested Line
that a letter be written to Mr. McDonald of
the Boston Edison Company advising that the
Board of Selectmen will recommend to the Town
Meeting that an easement be granted. Mr. Every
said that he thought there might be some advan-
tages in not doing anything at the present time.
The Clerk was instructed to write Mr. Delano of
the State Department of Public Works stating
that the Selectmen understand a portion of the
proposed transmission line is going through
a section of the Town of Burlington which was
surveyed by the State relative to the layout
of the Middlesex Turnpike. The Clerk was also
instructed to ask Mr. Delano if, in his opinion,
the transmission line would interfere in any way
with the construction proposed by the State and
to submit any available information relative to
proposed Route 3 through the Town Of Lexington.
The Clerk was instructed to make an appoint-
ment with John T. Cosgrove, Town Engineer, to
meet'with the Board on Monday, December 29th at
8:30 P.M., and to make no appointments between
8:00 and 8:30 P.M. which will enable the Board
to discuss the subject of the Engineering Depart-
ment. The meeting adjourned at 11:25 P.M.
A true record, Attest:
1-14-`-`447--
lerk, S leetmen.