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HomeMy WebLinkAbout1948-01-19SELECTMEN'S MEETING January 19, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, January 19, 1948, at 7:30 P.M. Messrs. Locke, Emery and Gay were present. The Clerk was also present. In the absence of Mr. Paxton, Mr. Locke served in the capacity of Chairman. At 7:33 P.M. Chief John W. Rycroft of the Police Department met with the Board. The Chair- man explained that the Board'desired to discuss with him for any coiment pro or con, relative to the appointment of Officer George C. Smith, to the position of Sergeant, officer Smith being the only man to pass the civil service examination. The Chairman asked if it is a fact that Officer Smith must be appointed. The Chief stated that the Board must appoint him or give the Division of Civil Service reasons for not making the appointment. He explained that there will not be sufficient funds to pay another Sergeant until the money has been appro- priated in March. The Chief stated that the money was provided in 1947, but it was not spent and does not carry over into 1948. He said that the Department would have to wait now until Town Meeting appropriates money to pay another Sergeant. The Chairman asked if Officer Smith would hold his position on the list and the `'hief replied that he will remain on the list for a period of two years. He suvgested that the Board write a letter to the Division of Civil Service and explain why the appointment could not be made until money is available. Mr. Gay asked the Chief if he is satisfied with the results of the examination and the Chief replied in the affirmative and said that Officer Smith received a high mark. He stated that Officer Smith apparently gets along with the men with whom he works. 213 App't Sergeant to Police Department 214 Snow Removal Fire Hydrants Snow Removal It was decided to write the Division of Civil Service and explain that provision was made in the 1947, budget, but tie money does not hold over into 1948 and request an ex- tension ofthe certification until April 15, 1948. Mr. Gay asked the Chief if he had checked on the possibility of making Sutherland Road a coasting street. The Chief replied in the affirmative. Mr. Gay asked if he had any suggestions. The Chief replied that he does not think the Police Department should select any street for coasting. He said that he would be very willing to investigate any street recommended by the Board, but his personal opinion is that no street in town should be posted for coasting. Chief Rycroft retired at 7:50 P.M. and Mr. DeFoe met with the Board. Mr. DeFoe requested approval of the snow removal schedule dated January 9, 1948. Mr. Emeyy said that some discussion had been held relative to removing snow from all the churches and gas stations or none, that is not from only one or two. The Chairman said that he would prefer not to take any definite action on the pro- posed schedule until Mr. Paxton is present and it was decided to hold the subject over for one week. M. DeFoe esiddnnBor ifhh should proceedwith hwdeistreets d tne e Chairman stated that he did not believe the Board could say what streets to widen or not to widen and the Superintendent of Public Works should use his discretion in the matter. Mr. DeFoe said that he was deeply con- cerned about the amount of money being spent on snow removal, but he does not see how he can minimize it. Mr. DeFoe stated that he is also concerned about having the fire hydrants shoveled out:. He said that he has discu.sed this with Deputy Chief Cook and he does not see how he can spare any men for this work. Deputy Chief Cook thought that possibly the men might be willing to remove the snow on their days off, and he mentioned that they should receive one dollar an hour. 215 The Chairman said that if it is possible to use the fire man on their days off he thought some arrange- ment should be made with them. Mr. Emery stated that the firemen cannot be ordered to do this work. The Chairman asked if there was any object- ion to Mr. DeFoe's trying to work something out with Deputy Chief Cook and Mr. Emery replied in the negative. Upon motion of Lir. Gay, seconded by lair. Emery, it was voted to authorize the Superintend- ent or Public Works to make some arrangement whereby the firemen would remove snow from hydrants at the rate of 95¢ per hour, subject to the approval of the Board of Fire Engineers. The Chairman read a letter from W. C. Shaw, 12 Paul Revere Road, to which was attached an estimate for damages in the amount of $13.50. Mr. Shaw claimed that on December 28, 1947, his car was parked on the street waiting for a service Claim man when a town plow atruek it. for Mr. DeFoe admitted that the damage was done damage to Mr. Shaw's car by the grader while blowing Paul Revere Road. The Chairman asked if this was the town's responsibility and Mr. DeFoe replied in the affirmative. Mr. Emery moved that the Superintendent of Public Works be authorized to settle the claim in the amount of $13.50 providing the proper release is obtained. Mr. Gay seconded the motion, and it was so voted. Letter was received from F. Louis Carroll to which weis attached a bill from F. K. Johnson, Inc. in the amount of $136.10. The Clerk was instructed to refer the comm- unication and the bill to the Town Counsel who now has data previously received on this claim. Th$ Chairman read a letter from J. A. Hennings stating that at the time a water connection was mae to his new home at 12 Barrymeade Drive a portion of the street vas torn up. He stated that some time later a leak developed in the main and at the time it was repaired a considerable portion of the street was dug up. Mr. Hennings requested the Town to repair the pavement. The Clerk was instructed to give the Super- intendent of Public Works a copy of Mr. Hennings' letter and request that he give the matter his attention as soon as weather conditions permit. Carroll Claim 216 Napoli Assessment Ryder offer Holmes Meadow Land Petition was received signed by residents of James Street requesting acceptance of the street and installation of water. Mr. DeFoe explained that an assessment sheet for the water has already been mailed to Wi iam . Richey, 23 Rangeway Road. Th Clerk wasInstructed to adviae Mrs. William barssen, u Fames btreet tfiat it is not the policy of the Board of Selectmen to recommend for acceptance any street not con- nected with another accepted street and to further adviseher that water betterment assess- ment sheets have been mailed to Mr. Richey. Letter was received from John H. Devine, [counsel for Thomas A. Napoli relative to the betterment assessment for the installation of a water main on Lincoln -Street. * The Clerk was instructed to acknowledge the letter, to advise jar. Devine that the matter is being investigated and place it on the agenda for the next meeting. Mr. DeFoe retired at 8:20 P.M. and the following members of the Planning Board met with the Selectmen: Messrs. Cromwell, Ferguson, Houdlette and Mr. John T. Blackwell. Mr. Cromwell said that the first question to bbpe considered is Mr. Ryder's offerof Meadow' Lonnarwxhlchtxsylocat acres thfofhe 'Waltham street betwwzeen wintnrop Hoag extension, Vine Brook Road to Waltham Street over which the town has a sewer and a drainage easement sixty feet wide. The Planning Board recommends not selling this parcel of land for the following reasons 1. The offer is insufficient. 2. The applicant, Mr. Ryder, has had ample opportunity (both before and after 1938 - acquired by the Town 1938)to come forward and retain his ownership. 3. The land in question has been im- proved by the Town by draining, at a considerable expense, and the value of the property has been enhanced. 4. Because of the location of this land and the immediate prospect of * Mr. Devine also referred to the taking made by the County Commissioners in the relocation of Licoln Street. ** Vine Brook and a proposed way from 236. 2,4 further development in Lexington- resid- ential and otherwise - the Town should not lose its ownership at least until after neighborhood studies have been completed. These studies are part of proposed work of the Planning Board in 1948. The completion of the studies will enable the Planning Board to advise the Selectmen later this year. 5. The Planning Board suggests, therefore, that it would be unwise for the Town to sell this property if it is to be needed for municipal purposes. The Town has acquired ownership of the land at a far less cost than it could possibly be acquired at a future date if it were to be turned over to private ownership. Mr. Cromwell then referred to the special report of the Planning Board submitted to the Selectmen last week. He introduced Mr. John T. Blackwell who explained Chapter 340 of the Acts of 1947 which is an Act to clarify and amend the laws providing an improved method of municipal planning. He stated that the Planning Board hoped, at first, to accept only the provisions from the new statute that are parallel to the ones the town accepted in 1938. They found, however, that Section 81-U happens to be so worded as to provide that the Board of Survey in Lexington and in any town in a similar situation, would have and exercise all the powers of a Planning Board established under the initial section of this statute. He said that they feel it is uninten- tional, but that is the way the statute reads. He said that the Planning Board is therefore com- pelled to recommend that the Planning Board be re-established under Section 81A of the new statute. He said that this would involve placing on the Planning Board the duties now performed by the Board of Survey. Mr. Blackwell stated that there is the new 81N section which enables the Planning Board to withdraw approval of subdivision layouts prev- iously approved. He explained that this prov- 217 Planning Board Articles for Town Meeting 218 ision is a control on a subdivider who does not perform in accordance with his stated intentions and also for the means of a community to correct street layouts of earlier date that were so unfavorable to the co ann nity as a whole that it is dekirable to change them providing the owner of the land has not changed. lour. Blackwell said that he is advised that it would be well to offer two articles. Mr. Emery asked if the Act could be accepted or not accepted at any time. Mr. Blackwell rep- 4.ied in the affirmative and stated that if the Selectmen feel it is not advisable to offer such an article, the Planning Board would continue as it is at the present time. Mr. Cromwell said that the Lexington Planning Board is one of the very few old type Planning Boards that exist. The Chairman said that the Selectmen have not discussed the subject and Mr. Cromwell said that the Planning Board is in favor of having an article in the warrant. The Chairman said that the Selectmen would certainly include the article at the Planning Board's request, and Mr. Cromwell said that the Planning Board would like to have the article. Mr. Cromwell said that the next subject to be considered is that of small lots, discussed on pages 8-10 of the Blackwell Report, which rec- ommends that an article, substantially as phrased, be inserted in the warrant for the annual town meeting. Mr. Cromwell presented the members of the Board with a copy of the proposed article as follows To see if the Town will tote to amend the Lexington Zoning By-law by striking out the second and third' paragraphs of Section 6a thereof and inserting in place thereof substantially the following: Lots lawfully platted and duly recorded by plan or deed prior to the date of adoption of this amendment, vacant or improved, and of less width or area than the minimum required by the zoning by-law are hereby regulated as to change of use as'follows: after adoption of this amendment, any such lots adjoining one another in a common ownership may be built upon only if combined into units of ownership which ful- fill the lot width, front yard and side yard 219 requirements of the zoning by-law, but not nec- essarily the lot area requirements thereof, provided that this shall not prevent building on any isolated single small vacant lot duly recorded as aforesaid, not adjoined by other land of the same owner, and further provided that on any such lot there shall be established betteen each side lot line andthe near- est side of any permitted main or accessory structure a side yard at least 7.5 feet wide if said lot was recorded prior to July 19, 1949, at least 10 feet wide if said lot was recorded on or after July 19, 1929, but before October 6, 1938, and at least 15 feet wide if said lot was recorded on or after Oct- ober 6, 1938. Mr. Cromwell explained that this would permit a group of lots in common ownership to be built upon in such a way to be divided so that the builder fulfills the width frontage and side yard requirements but not in lot area requirements. The Chairman asked if the Planning Board wanted this article in the warrant for the purpose of strength- ening the zoning and Mr. Cromwell replied in the affir- mative. The Chairman asked if the Board of Selectmen had any objections and there were none. Mr. Cromwell said that the next question is the appropriation. He said that he only knows the Appro- priation Committee asked that the Planning board budget be cut by two or three hundred dollars. The Chairman said that he thought they based the reduction on the fact that the Planning board has not spent the entire appropriations for the last few years. He explained that the Engineering Department is going to be re -organized and some of the work that the Planning Board might have to have done outside may then be done in the Engineering Department. Mr. Worthen arrived at the meeting at 9:10 P.M. The Chairman said that it was not his under- standing that, anything in the Planning Board budget was for a study of the zoning, and it would seem that a special appropriation for such a purpose would have to be under a separate article. Mr. Worthen said that his personal understanding was that a separate article was necessary. 220 Route 128 1947 Town Report The Chairman asked if the Planning Board was making a direct request for an article pertaining to an appropriation other than the regular budget. Mr. Worthen replied in the affirmative and stated that they have an article in rough draft form. The Planning Board retired at 9:25 P.M. It was decided to hold Iir. Ryder`s offer until the next meeting of the Board and not to commun- icate with him until after that meeting. Ir. Adams reported that last Friday he had an informal talk with the State Commissioner of Public !Works relative to Route 128 and the State is evidently going ahead with a number of plans. Aerial surveys have been made of the entire route through December. The Commissioner mentioned that the present plan is to finish the road to Route 128 in 'Wakefield and then go to £ewton, but it was mentioned at that time that there was some talk of doing a section from this Route here to Marrett Road and then double track iiarrett Road so that there is a main line entrance road to the Bedford Airport. Mr. Adams said that he has talked with Tyr. Worthen about the 1947 Town Report. He explained that both t.Ir. Worthen's ideas and his own idea is to have a report of about eighty or ninety pages and they can start as soon as enough reports have been submitted by the various departments. Letter was received from J. A. iiennings, who is finishing a house,at 12 Barrymeade Drive, Street 'requesbidthe installation of a street light Light at the end of the street. Request The Clerk was instructed to advise Ipr. Henn- ings that his letter would be placed on file until July 1, 1948 at which time all requests for street lights will be considered. 0-4 1 221: Notice was recieved of a hearing to be held on Monday, January 26, 1948 at 10:30 A.M. at the Hearing Council Chamber, Waltham City Hall on the petition of the Boston Edison Company to take by eminent domain on lands, rights of way and easements necessary for the Trans. construction and use of a transmission line. It was decided to ask the Town Counsel Saturday morning whether or not the Town of Lexington should be represented at this hearing. The Chairman read a letter from the Cedar Hill Associates requesting an extension of time in which Vets to submit plans. Lots Upon motion of Iuir. Emery, seconded by Ivir. Gay, it was voted to extend, for an additional period of three months, the time limit for veterans to submit plans and specifications for houses to be erected on Hill ar Cedar Streets. Form notice was received relative to a hearing on Wednesday January 21, 1948, Room 207, State House at 10:30 on House No. 101, as relates to the furnishing of water to towns in the metropolitan water district. Hearing M.D.C• The Chairman read a letter from the Board of Health recommending continuation of the mosquito con- Mosquito trol program with an appropriation equal to that of Control 1947. Letter was received from Mr. Robert L. Arms- trong, Superintendent of the East Middlesex Mos- quito Control Project. Mr. Armstrong urged that the Board recommend at least a small appropriation in order for the Town to remain within the Project and to carry out a limited amount of spraying in the most critical places. Ir. Armstrong stated in his letter that this could be done for 42,000. Letter was received from the Town Counsel relative to coasting on certain streets in Lexington. Mr. Lynch explained in his letter that the law provides that if a person sustained bodily injury of damage in his property by reason of a defect or want of repair of a way and such injury or damage might have been prevented or such defect or want of repair mi,ht have been remedied by reason - Mosquito Control Coasting 222 (Ren.) tt Pole locations able care ana diligence in the part of the Town, the Town is responsible in damages to such person provided certain statutory requirements as to notice are fulfilled. He stated that the Town is not legally responsible for any injury to children*in the act of coasting. Children who are injured while coasting on streets where coasting is prohibited are debarred from recovery for such injuries even in instances where the in.ury is caused by the negligence of the operator of an auto- mobile. Mr. Lynch stated that in view of the danger always attendant upon coasting on town ways, it may be advisable bo bar coasting entirely or to restrict the hours when coasting will be permitted on certain streets designated by the Board and during such hours exclude automotive or other vehicular traffic. Apnlication was received from the Lex- ington Taxpayer's Association for permission to conduct a meeting in Cary Liemorial Hall on the evening of Tuesday, February 10, 1948, from 8:00 P.M. until 10:30 P.M,. Mr. Emery moved that the use of the hall be granted free of charge. Yr. Gay seconded the motion, and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to grant the following licenses. Hattie Peckham 37 Hancock St. CoTL:on Victualler Pine Meadows Country Club 232 Cedar St. " 11 William Viano 1794 Mass. Ave. Sunday Movies Petition, three copies of an order and blueprint was received from the Boston Edisoh and the New England Telephone & Telegraph Co- Mpany for approval of the following pole locations: North Street at Carl Road -- Remove one (1) pole. North Street, approximately 20 feet south- east of Carl Road -- One (1) pole. * while coasting or for any injury caused to person or property by children Mr..Emery moved that the locations be approved and the order signed. Pair. Gay seconded the motion, and it was so voted. Letter was received from the Town Counsel approving the form of contract now being used for the collection of garbage. It was decided to advertise for bids on January 2, 1948 and January 29, 1949; bids to be received at the Selectmen's Office by twelve o'clock noon, February 9, 1948. Petition, three copies of an order and blue,= /intt, was received from the Boston Edison and ie few England Telephone & Telegraph Company for approval, of the alteration of existing poles on Grove Street. PIr. Emery moved that the alterations be approved and the order signed. Er. Gay seconded the motion, and it was so voted. r The Board will meet on Saturday, January 24, 1948 at 9:30 A.P.I. for the purpose of going over the warrant with the Town Counsel. The meeting adjourned L.t 10:25 P.M. A true record, Attest: -<:Y Ei 111 , lectmen. 223