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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.