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205
SELE CTMEN' S MEETING
January 12, 1948
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room, on Monaay
evening, January 12, 1948 at 7:30 P.P.Q. There
r.er present: Chairman Paxton, Messrs. Locke,
Emery, Gay and Driscoll. The Clerk was also present.
At 7:30 P.M. Mr. Joseph H. DeFoe, Sup't. of
Public Works, and Mr. Luke May of the Lexington
Nurseries met with the Board. Mr. May stated that
he had received a bill in the amount of ,$p268.00 for
the installation of the sewer on Woburn Street and
he doesn't think he should pay for it. He said
he will not receive any benefit at all from this
sewer. The Chairman asked him if there is a right
of way in the deed to his property and he replied
in the negative. The Chairman inquired as to the
areas upon which Mr. May's assessment was based and
Mr. DeFoe informed him that there were 12,700 feet.
The Chairman asked Mr. May if he would be agreeable
to pay any portion of the charge, possibly 50%, and
Mr. May replied in the negative. The Chairman asked
him if he were requesting 100% abatement and Mr.
May replied in the affirmative. He stated that he
never hopes to develop the land. The Chairman said
that even though the sewer may not be of any benefit
at the present moment it has a potential benefit.
Mr. May asked if he paid 50% of the cost would the
town wait for the balance until such time, if and
when the Lexington Nurseries received any benefit.
The Chairman asked him if he would be willing to
sign a statement that he will pay the full better-
ment assessment if and when he sells any or all of
the land, and if or when he utilizes the sewer in
that particular location. Mr. May said that he
would be glad to do that. The Chairman asked if
the Board had any questions. Mr. Locke asked when
the land was laid out and the Chairman replied that
it has never been laid out. Mr. Locke said assuming
that a survey was made out before 1927 wouldn't it
go back to the old 50 foot frontage, for one lot on
Woburn Street. He explained that it would not be
necessary to have a sub -division to build on the lot
206
DeSonie
Claim for
Excessive
Water
charge
Mosquito
Control
Armstrong
& Garrity
MO Oa
facing Woburn Street. Mr. May said that in the
event the town does install another sewer in nis
property the easement should be worth something.
The Chairman suggested that Mr. May give the Board
an opportunity to discuss this matter and when
a decision has been made he will be so notified.
Mr. May retired at 7:55 P.M. Mr. DeFoe
informed the Board that he has used the meter -
master at 90 Spring Street inasmuch as the Board
had received a letter from Mr. DeSonie claiming
excessive water charges.
Mr. DeFoe said that there was noindicati on
of any leaks. He discussed the matter with Mrs.
DeSonie and informed her that there was no leak.
She agreed that probably they had used the water
for which they were charged. Mr. DeFoe reviewed
the DeSonie's water bills for the Board. Upon
motion of Mr. Emery, seconded by Mr. Driscoll,
it was voted to write Mr. DeSonie that the
Sup't. of Public Works has investigated the
lomplaint and also talked with Mrs. DeSonie.
n view of the Superintendent's report the
Selectmen are of the opinion that the water •
meter registered correctly, but it will becare-
fully supertised for the next few months. Mr.
DeFoe left the meeting.
At 8:20 P.M. Mr. Armstrong, Sup't. of the
East Middlesex Mosquito Control Project, and Mr.
Garrity, Supt. of Parks and Playgrounds, met
with the, Board. The Chairman informed Mr. Arms-
trong that the Board had invited him for a dis-
ucssion of mosquito control because the town is
faced with a very heavy budget this year and
there has been some question as to the value of
mosquito control, in Lexington. Mr. Armstrong
said that if the Town of Lexington did dis-
continue the program now, depending on the
weather conditions it might not make any notice-
able increase in the number of mosquitoes. If
however, the season was favorable for the
development of mosquitoes the increasswould be
noticed. He said at the present time the work
is very small and if Lexington discontinued it
would not make a tremendous increase in mosquitoes
but it would make a difference through the center
of the town. He said that the project has not
207
done very much drainage but it has done a lot
of spraying in the central belt. He explained that
they have not tried to confine the drainage work
close to the center of the town. Most of the
places near the center are small and lend them-
selves to spraying. He said the Board would notice
from his report that they have emphasized the drain-
age because it is impossible to try and control
Los uittoes b temporarymeasure He said that
exington has tremendous mosquito breeing, territory
and it will be years before they reach what is
called a maintenance status. The Chairman asked
if the Town of Lexington dropped out of the project
this year, and felt in three years it would be to
the advantage of the town to go back into the
project, would there be any difficulty. Mr. Armstrong
said that if any town discontinued the project it
might jeopardize the project as a whole. The Chair-
man asked Mr. Garrity if he wanted to express any
opinion. Mr. Garrity said he would not like to see
the project discontinued because they have done an
excellent job, but he said if there was any thought
of dropping out now would be a good time. The Chair-
man asked if the town continues the appropriation,
how long would it be before they would notice a
change in the number of mosquitoes. Mr. Armstrong
said that possibly in two years there would be a
noticeable difference.
Mr. Emery asked if there was any alternative
method of assessing the cost. Mr. Armstrong replied
that it is all on a county wide basis and they do Planning
not have to account to each town how the money is Board
spent. Mr. Armstrong said he thought that it would
be better to decrease the appropriation rather than Report
to drop out entirely. He explained that the labor
and materials used in the town are charged directly
to that town and what they call their overhead items
are charged to the various town on a percentage
basis. Mr. Armstrong and Mr. Garrity retired at
8:50 P.M., and the following members of the Planning
Board met with the Selectmen: Chairman Edwin B.
WandtRudd.arMr.rWorthenCsaidethatltheuPlanningdBoard
would like to review part of the work they under-
took last year and to present for the Board's con-
sideration the results of this work. One is
possible amendments to the Zoning By-laws for which
208
Planning
Board
Report
Ester
Nicoli re:
assessment for
water
an article will be inserted in the warrant and
Twa is a possible program for continuing their
studies which involves an increase over what they
have requested for their budget. Mr. Worthen
submitted to each member of. the Board a special
report of the Planning Board to the Board of
Selectmen dated January 12, 1948. He also sub-
mitted a municipal planning act of 1947, Copy
of Chapter 340 of the Acts of 1947, and a
report from John T. Blackwell of an examination
for the Planning Board of the Lexington Zoning
and Subdivision regulations. The Chairman
suggested that the Selectmen discuss with the
Planning Board the first four items of the report
and recommended articles for town meeting next
Monday night. The Planning Board retired at IE:
10:12 P.M. and Mr. DeFoe retfrned to the. meeting.
The Chairman read a letter from Esther
Nicoli, 211 Holland Street, West Somerville,
regarding the water betterment assessed on her
property on Cummings Avenue. Mrs. Nicoli stated
that she did not sign any petition. lir.. DeFoe
informed the Board that there are only two abutters
to be assessed on that street and the other abutter
signed the petition for the water. The Clerk was
instructed to advise ors. Nicoli that the matter
has -been investigated and discussed and the Select-
men are of the opinion that a proper charge has
been made against the property.
The Chairman read a letter from the Leeland
Construction Co. requesting the extension of a
water main on Ledgelawn Avenue to serve two new
houses. Mr. Dena said that this request came
in after he had placed his order for pipe, and
even though he had included this the order isn't
here yet. He said that the town has installed
water on Ledgelawn Avenue at Mr. McConchie's
request and this is for an extension. He said
that he did not believe that he was entitled
to water this year but he thought he could give
it to them inasmuch as a load of pipe arrived
24
during the snow storm. The Clerk was instructed
to advise the Leeland Construction Co. that the
installation will be made 'BB soon as possible, Water on
consistent with the other requests that have Ledgelawn
priority over this one. Avenue
The Chairman read a letter from the County
Commissioners to which was attached a copy of a
subpoena served on the Commissioners for assess-
ment of damages by Owen, Charles Pa, William J.
Alice F. and Anna E. McDevitt on account of land
takings on Grove Street, Lexington. Lir. Gay
moved that the comraunicEtion be referred to the
Town Counsel and that he be requetted to enter
an appearance on behalf of the town and the
county.
Mr. Locke seconded the motion, and it was
so voted.
The Chairman read a letter from Eugene B.
Hamilton requesting the Board to consider placing
a street light at the junction of Liberty Avenue
and Braemore Terrace. The Clerk was instructed
to advise Mr. Hamilton that his request will be
placed on file until July first at which time all
requests for street lights will be considered.
The Board considered the following Budgets:
Trunk Sewers, Capital Outlay; This budget includes
North Branch, Vine Brook; South Branch Vine Brook;
Millbrook to Rangeway. The Chairman said that his
thought was to let the Town Meeting members or the
Taxpayer's Association take the burden and include
an article in the warrant for each trunk sewer.
The budget was approved inthe amount of $248,000.
Highway Construction under the Betterment Act:
The Sup't of PublicWorks informed theBoard that
Blake Road and Preston Road are to be eliminated
and that he has talked with Mr. Richey and ex-
plained to him that it is the policy of the Board
not to recommend for acceptance under the better-
ment act any street not connected with another
accepted street, and from his conversation he
believes that Mr. Richey at the present time is
Subpoena
Grove St.
Takings
Street
Lights
Budgets
210
,Car
allowance
for Mr.
Burns
No article
traffic
lighb at
Woburn &
Lowell Sts.
Murphy
Claim re:
land
takings
Tree
Removal
not interested in having Rangeway Road accepted.
Mr. DeFoe informed the Board that he would
like authorization to continue to pay kr. Burns
car allowance. IIr. Gay moved that the Supt.
of Public Works be authorized to pay Kr. William
Burns car allowance in the amount of $33.00 a
month until such time as the town of Lexington
supplies him with transportation. ter. Emery sec-
onded the motion, and it was so voted.
Highway De3artment, Road Machinery Capi
tal Outlay
• Mr. DeFoe informed the Board that
like to include an item in this budget
urchase of a cletrac. It was decided
$3,300 and the total budget was approve
amount of $23,000.
Mr. DeFoe retired at' 11:00 P.M.
he would
for the
to include
d in the
Further consideration was given to the
the letter from the State Department of Public
Works relative to the installation of a semi -
actuated traffic signal at the intersection of
Lowell Street and Woburn Street. It was
declared. not to include an article in the
warrant.
The Chairman read a letter from Alfred
P. Tropeano acknowledging the Board's offer
to settle the claim of James J. Murphy et al.
Mr. Tropeano said he feels the offer to be
inadequate but thought if he had another
conference with the Board an amicable figure
could be reached. He said that he would be
out of town until January 27th and if the
Board finds it necessary to send the warrant
to the printers he would' suggest the insertion
of an article to obtain authority to settle
the claim.
The Chairman read a letter from Lorne R.
Sutherland stating that the remainder of a
tree will partly obstruct the proposed con-
struction of a driveway entrance which he
intends to build. The Clerk informed the
Board that Mr. Garrity recommends removal
211
of the tree which in is opinio will of
reauire $ostint Mr ocke move that mr.
Garrity e au orized o remove he tree.
Mr. Gay seconded the motion, and it was so
voted. V. F. W. to
vacate
The Chairman read a letter from the V. Barnes
F. W. informing the Board that they intend to vacate proper -
the Barnes property on or before February first. ty
The Chairman read a letter from the Lexington
Chamber of Commerce relative to a proposed bus
service in North Lexington over Simonds Road,
Burlington Street, and Hancock Street. The
Chamber of Commerce wished to be recorded
favorably to the petition and when it is acted
upn they would like to be notified.
The Chairman read a letter from Gertrude
E. Briggs offering to redeem Lot 5 on Spring
Street for the back taxes and interest due.
Mr. Driecoll moved that Mrs. Briggs be informed
that the Board of Selectmen will entertain an
offer of $350. Mr. Locke seconded the notion,
and it was so voted.
Proposed
bus ser-
vice
Lot #5
Spring St.
The Chairman read a letter from the Fire
Department stating that an inspection of the Fire Report
premises at 172 Middleby Road has been made and
the conditions do not constitute a serious fire
hazard.
A letter was received from the Department
of Civil Service informing the Board that as a
result of the examination for two permanent
sergeants held on October 25, 1941, only one
person has become eligible: George E. Smith
received a rating of 9341%. It was decided
to invite the Chief of Police and Lieutenant
Neal to meet with the Board to discuss this
subject.
The Chairman read a letter from the Chief
of Police with reference to coasting on Suther-
land Road. The Chief stated that he has checked
this location on two occasions during the past
two days and he is of the opinion that coasting
on this street would be extremely dangerous.
Streets
for
Coasting
j
212
He explained that the street is very narrow with
slightly more than room enough for one car to
proceed at a time, and there are also three cross
streets. He stated that he does not believe it
is a good coasting street insofar as the safety
factor is concerned. The Clerk was instructed
to request the Chief to recommend a street in
East Lexington which might be good for coasting.
An application was received from Simon W.
Robinson Lodge for permission to conduct a ban-
quet and dance in Cary Memorial Hall on the even-
ing of April 24, 1948. Mr. Driscoll moved that
the use of the hall be granted subject to a charge
of 035. Mr. Locke seconded the motion, and it
was so voted.
An application was received from the Cedar
Hill Association requesting permission to use a
Conference Room on Sunday evening, January 18th,
from $ to 10 P.M. Mr. Locke moved that the use
of the Conference Room be granted free of charge.
Mr. Emery seconded the motion, and it was so
voted.
An application was received from Marcia Dane
for permission to maintain an intelligence office
at 1736 Massachusetts Avenue. Mr. Emery moved
that the application be approved and the license
issued. Mr. Driscoll seconded the motion, and
it was so voted.
The Clerk was instructed to forward the
Town Counsel a copy of the agreement for the
garbage contract now being used to determine
whether or not it meets with his approval.
Upon motion of Mr. Gay, seconded by Mr.
Driscoll, it was voted to appoint Mr. Frank D.
Walker to the position of Town Accountantt for
a three year term expiting December 31,:1950.
Upon motion of Mr. Emery, seconded by Mr.
Gay, it was voted to appoint James E. Collins
as Fuel Administrator in compliance with Gov-
ernor Bradford's request of December 23d.
The meeting adjourned at 12:20 P.M.
A true record, Attest: