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HomeMy WebLinkAbout1948-02-16 261 SELECTMEN' S MEETING February lb, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room on Monday evening, February 16th at 7 30 P P There were present Chairman Paxton, Lessrs. Locke, Gay, Emery and Driscoll The Clerk was also present. At 7 30 P.M. a hearin, was declared open upon the petition of the Boston Edison Company and the N. E. Tel. a, Tel. Co . with reference to the following pole locations Grove Street westerly side , approximately 3 ,050 feet north of Burlington Street, one pole ( 1) . Grove Street, southwesterly from a point a: nroximately 2,900 feet southeast of 'Tinter Street, ten ( 10) poles. Grove Street , approximately 3 ,050 feet north of Burling- ton Street, guy wire and anchor. P. essrs. McDonald, 'r:nodell, Hughes, two other representa- tives from the Boston Edison Co , Ir. Joseph H DeFoe and Mr. John J . Garrity, and two residents of Grove "treet were present at the hearing. The Chairman explained the proposed locations and there were no objections Upon m®tion of Mr. Emery, seconded by Mr. Gay , it was voted that the petitions be ap. roved . The abutters retired. Petitions from the Boston ,dison Company with reference to the transmission line were held over from last week Ir. Knodeil explained to the Board that if the town grants the locations the Edison Company will then obtain a permit from the state. The Chattman asked if the sate had made any regulations or requirements as to how the Edison Company will cross the Turnpike . i,.r. i;nodell replied in the negative and stated that after the town ,rants the locations the state grt is the permit. He explained that the state prefers not to h_ ve the Edison Company disturb 262 Sad the pavement . The Chairman asked how far the poles will be from the right of way line on Lincoln Street. nr Hughes explained that the strip is 250 feet wide and the first dual line will be 62- feet in from the side line. The poles will run from a .inimum height of 55 feet to 75 feet. He explained that the distance back from the street line is dependent upon the profile of the ground. Mr. Hughes explained that there is no stipulation as to the number of lines the Boston Edison Company will use. They anticipate two lines. He said that there will be two pole structures some- thing similar to the line from P.Iedway to Framingham and wooden poles are used throughout The Chairman asked if they will clear the entire 250 feet of the right ofwayand Mr. Hughes said they expect to clear only 130 feet. Mr. Emery asked if they had a separate set of poles for each line and Mr Hughes replied in the affirmative . Mr. McDonald explained that there is nothing contemplated beyond this first line now. ' The Chairman asked if the Boston Edison Company would follow the usual procedure of maintenance of the poles and Mr. ?Modell stated that they would be very carefully patrolled. Mr Hughes explained that the poles are not painted. Mr. Emery asked about the minimum clearance above the street that the state requires. Mr. Hughes informed theBoard that there are certain regulations that the Department of Commerce has set up in this particular job The Edison Company intends to have a 25 foot clearance On all the streets where they anticipate heavy travel the lines will be 49 feet above the street . The Chairman asked if they ever put the lines under the street and Mr. Hughes explained that the only t_iing underground is counterpoise. Mr. Knodell explained that it would not be as safe that way as it is overhead and it would be necessary to have sub-stations. Mr. Emery asked if the Edison Company had received any objections from people from whom they are tr«ing to purchahe land Mr. McDonald explained that tney have now over 705 of the sig- natures they needed and that in one or two cases ownership of the land has changed which has held them up. He said that he does not recall anyone raising any objections. Mr. Emery asked if there were any additional benefits that the Town of Lex- ington would derive and Mr. McDonald said that they 26 property woul have more taxable nu i' would definitely strengthen the system in Lexin, ton. The Chairman said that eriYthinr theBoston Edison Company could do relative to s urub7 vaoula' be an asset. He asked the Board if there were any questions, and there were none Er. Knodell informed the Bogard that the Edison Company planned on cutttn down trees on sore of these- streets Mrd some of there may be sizable trees. T.heChairman asked now many trees would be affected Mr. Garrity replied that there are not many but some on mood Street and a ''ew on Grove Street . tr. Garrity said that his interest would be in removing the trees by the roots and not leaving any stumps. Mr . I'.nodell explained that thAEdison Company plans to clear the public ways for tbe entire 250 feet and have trees planted. Mr. Emery asked if the,, proposed to take out the roots and Mr Mnodell replied that they generally take them out of the ground as closely as they can but he will have to take under consideration tne question of having the roots removed entirely A lengthy discussion was held relative to the shrubbery and Mr. McDonald agreed to investigate the possiblity of getting permission to plant trees across the 250 foot right of way, some distance fro' the street line , possibly 15 or 25 feet , Mr. McDonald agreed to have the above information for next Tuesday night , and upon motion of Mr. Emery seconded by Mr Gay , it was voted to defer any decisions on the 2etitions until the next meeting of the Board. The Group retired at 8:25 P.i4. Mr. Earl Green , an ap licant for a second class ageht4s license , met with theBoard . He explained that Arthur Johnson, the Pontiac Dealer, intends to move from his present location at 97 Massachusetts Avenue to 7 Massachusetts Avenue , and Mr. Green is going to lease from Mr. Jonnson the premises at 97 Massachusetts Avenue. He said he wanted the building us a service station. TheChairr:ran asked if he lived in Lexington and he replied that he is now living in Dorchester. TheChairman said that a few years ago there used to be a second class agent at this location who put a number of cars on the vacaht lot of land next to the stores and the premises did not look well. Mr. Green explained that the area he has in mind is the building, L _ 264 1.4 rad a driveway in back and the lot between the driveway and the sign board. He said that he thought there was room enough for about four cars and that is all the space he desires. He is not interested in Second the vacant lot used by the former dealer. Class Mr. Green explained that he has been with the Pontiac Dealer' s Company for 13 years and that his automobile badc- License ground is thorough and complete. The Chairman suggested that Mr. Green contact the Clerk of the Board and file an application which would be acted on next Tuesday night Mr. Green retired at 8:40 Miss Hanlon and Mr. Neville of the Hanlon Associates, the Planning Board and the Cemetery Commissioners met with the Selectmen relative to House Bill #1478 which permits the establish- ment of a cemetery in Lexington. Iar. Neville said that he would like an informal discussion with the Selectmen relative to this bill. The Chairman explained that the Board felt that this subject would be of interest to the Cemetery Commissioners and also to the Planning Board and, therefore, they had been invited to attend this meeting . Mr. Neville explained that on October 19th Mr. Murphy, attorney for the Hanlon Associates, died. A short time after that in picking up the loose ends Mr. Neville found that they had been working on this bill. He said that after spending eight years in the Legislature he suggested that the members of the Associates arrange an infOrma1 meeting with the Board to discuss the subject and consider any objection. He said that before the meeting a remark had been made that Mr . O 'Brien in Cambridge was a front for a syndicate of Jews. Mr Potter said that he did not make any such remark. He simply said that he understood that it was going to be a Jewish Cemetery. The Chairman asked if the group has any plans of what they expect to develop. Yr. Yenned' presented plans and explained nat they would have a lawn type of cemetery with a chapel and crematory. Ir. O 'Brien said it is their intention to open the lawn type first and in the future they would try to keep it all lawn type . The Chairman asked if the Board of Selectmen had any questions and there I 265 were none. The Chairman asked the Planning Board if they had any questions Gail Smith asked the group what made them think the town cid not have adequate cemetery facilities and hr O'Brien replied that the present facilities are town facilities and this would be a private cemetery Yr. Locke asked wnv the matter was aiproached through a bill in the Legislature rather than the existing statute Mr . O 'Brien said that it was hr L urphv' s thought to avoid litiFation with the town fathers. hr. Locke asked if Mr. Murphy had assumed that the Town Meeting would not approve it and Mr O 'Brien replied in the affirmative. The Chairman said that even though the Legislature passed it there would have to be a Board ofAppeals hearing. Mr. Emery asked if the present owners were the owners at the time Mr. Murphy was the attorney, and hr. O 'Brien replied in the affirmative. r..r. Emery said it must have been on his advice that the Associates went over the town authorities. hr. Neville said that the town would derive income from the taxes on the property and that hr. ''ennedy had rdvised him that it would run between ;x200 ,000 and X250,000 He said he understood in order to get sore-thing in to cover this point it would have to be written into the bill in lieu of taxes. lar Smith asked if the property would be exempt frgn taxes if there was nothing relative to this in the bill and . r heville replied in the affirmative. Mr . O 'Brien said that the organization has a ch .ritable ch rter. Mr. Potter explained that cemeteries are not taxable and Mr and Mr. Neville agreed. rr Potter asked if the buildings could be taxed and hr . heville replied that something coould he written in the bill whereby the buildings might be taxed. hr O 'Brien said that it didn' t necessarily h ve to be written into the bill but an agreement could be made between the town autzorities and the owner of the cemetery. hr. Feviale said thut if between now and Larch 2d, the date of the hearing, the Selectmen could enter into an agreement, it could be included in the bill or made a part of the bill whereby the cemetery would be taxable. I. r Richards of the Planning Board said that he did not believe the Board of Selectmen had any specific newer The Chairman explained that it would have to come before Town Meeting. The 1 266 a0 gad Chairman asked if there were any further questions a and there were none. The owners of the proposed cemetery retired at 9 05 P.P . The Chairman said that he thought the proper place for the Board to resister objections was at the hearing on Larch second Mr. Burnham of the Cemetery Commissioners said that his committee have tried to keep the cemeteries in Lexington in good condition and have both Catholic and Protestant sections of ;),estview so that both may be accommodated. He explained that the, e is also a large parcel of land which may be developed and it will be adequate for the town for a number of years. He said the Commissioners are of the opinion that there are cemeteries enough in town and they do not like to see the town with a cemetery for Greater Boston. Mr Potter said that he thought it was impossible to estimate the amount of damage it will do to the town as a whole He stated that there are about 250 acres of land which will be deceased in value. He said he thought the town heard at the last town meeting the sentiment relative to a national cemetery, and if the town was opposed to that he did not believe it would be in favor of a private cemetery Mr. Gordon Richards said he thought the entire area would be blighted. Mr. Worthen, Chairman of the Planning Board, said that his Board has no formal report to make but they have discussed the subject and it is obvious that the most of the Boards will oppose it. He said the area they propose to use is over 100 acres and there is theoretically a potential 250 houses which might amount to 460,000 of taxes . The Chair- man of the Board of Selectmen said that it appears to him it is important for the town to make a protest against the passage of this bill and he thought it would be well for the Planning Board to make a statement which could be presented at the Cemetery hearing. He said it also might be well if the Hearing Cemetery Commissioners and the Board of Selectmen submitted a statement in opposition. It was decided to write the Lexington Chamber of Coi,uaerce , Totary Club and other organizations in town to solicit their assistance in opposing the bill. The group retired at 9 25 P.M. 267 The Chairman read a letter from Mr. Lynch submitting his resignation as Town Counsel to the Town of Lexington effective Tuesday , Feb- ruary 17 , 1948 . The ChLirman asked the Board if he should contact b,r . Lynch by telephone Resigna- in an endeavor to find out why he submitted his tion resignation, The Board had no objection. The of Chairman left the meeting and called hr. Lynch. Town He reported to the Board that Er. Lynch' s feeling Counsel is that "he has had enough". The Chairman said , however, that he has made an appointment to meet Mr. Lynch Tuesday morning at nine o' clock, at which time he would try to find out what the real story is. Er . Driscoll asked if the Board would like to lay this matter on the table until after the Chairman had talked with Er. Lynch. The Chairman said that ne didn' t know what to do inasmuch as the Board have different though t5 On this subject . He stated that the Board is now a preaching town meeting with out any one who has a municipal back- ground. Mr. Emery asked th t inasmuch as this is an emergency, was there any thine to prevent the Board from getting Sydney Vrightington to fill ia. • The Chairman said he suprosed tney could hire him • and Mr. Locke said he thouaht he could be hired to prepare votes and answer questions at town meeting. The Chairman eaid that he is going to talk to hr . Lynch and the Board should make up its mind and asked if he snould try to eet inform tion as to why Mr. Lynch has resigned. He said that if the Board does not agree to that they sho id obtain leael services immediately If on the other hand the Board feels that the Chairman should attempt to persuade Mr Lynch to serve for another year that will be another story. Mr. Gay said he did not see how the Chair- man could do that because of the fact that there will * appreciated that fact but there a 'e three ,embers of the present Board ' ho will be on the Board next year. Mr. Locke said that if Er. Lynch has been so doubtful in his own mind that he would not be reappointed he may have taken the initiative to resign himself He said thet he can see no other possible logic for it. The Chairman read, a letter from Yr. Lynch with reference to the Board' : inquire e to whether or not the transmission easement t .rough Butterfield' s * be a new Board . The Chairman replied that he 268 4-4 1 Pond would have to be decided on at a special Town Meeting called for that purpose. I'Ir. Lynch Legal explained that Article 46 of the warrant for the Opinion re annual Town Meeting in 1948 refers to the trans- Meeting for mission line and that matter is in order for Transmission consideration at the town meeting and there is Easement no need of a special meeting for this purpose. A letter was received from Alfred P. Trop- eano , attorney for Eilaanual Coscia of 79 Grant Claim of Street who is supnosed to have sustained personal Emmanuel injuries as the result of defective conditions Coscia of a sidewalk because of artificial and un- natural accumulation of snow and ice. The Clerk was instructed to request the Sup ' t. of Public Torks to submit a report in detail and to determine whether or not there is a defective condition of the public sidewalk or highway. An application was received from George Public R. Ambler, 40 Garfield Street, Lexington, for a Carriage public carriage license. Satisfactory character Application reference was received from the Chief of Police The Board decided to request the applicant to meet with them for further discussion. The Chairman read a letter from L. G. Burnell, 25 Outlook Drive , who is Chairman of the LeXington-Bedford District Boy Scouts. Charge for He stated that the Scouts intend to have an use of annual program Run-Off in the form of a Scout hall Circus, in Cary Iviemorial Hall on May first. for Boy Mr. Birnell stated that there are expenses Scouts connected with this proposition and it is the desire of the committee to make a nominal charge of approximately 25¢ a person. He inouired as to whether or not under the circumstances the Scouts would be obliged to pay the customary charge of 135 JO for the use of the hall. The Clerk was instructed to advise Mr. Burnell that regulations have been adopted for the use of Cary Memorial Building and that the Board has charged for similar uses. The Board felt that if the organ- ization wanted the use of the hall free they would have to forego any admission charge. 1 269 1 The Chairman read a letter from Lirs. D. F. Ross stating that she had purchased through the Complaint Board of Selectmen a parcel of land for which she re assess- paid ')100. She has now received a tax bill show- ment of ing the valuation of the property at - 500 . Nrs. land Ross said that she had called the Board of Assessors but nothing has been done . The Clerk vas instructed to acLnowled e the letter and to advise Lrs . Tloss that tnis matter does nJt c-ne vitain the jurisdiction of the Board of Selectmen rc.i must be taken care of by the Board of /lose sors. An apalicution was received from Lexinton Grange for permission to con(' at fair in Cary Use of Hall Llemorial Hall on the evening of September 18, 1948. Mr. Gay moved that the use of the hall be ranted subject to a cha a of -%35. 00 Emery seconded the motion, and it was so voted. The Chairman read a letter from Lr. Gaston Tax Title J . Daigle , 9 Fuer Street , ' altiam, offering 75.00 for lot l0r) Brid. e Street. The Committee Property on Tax Title property recommends a price of The Clerk was instructed to inform 1,r. Daile that because of the present weather conditions the Select- men are unable to check on the lot but will inspect it by April first and advise him. The Chairman informed the Board that the Clerk had telephoned the S_Tervisor of CertificatiJn in the Division of Civil Service and received the following Officer i information "Officer Smith ' s name was placed on the Smith' s i list established January 1q48, nnd rill remain certifi- on the list, if he does not receive an apPointment, cation for two Years Officer Smith wilt not be required re to take anotfm.r Serccant ' s exarrmn- tiJr . Pis appoint- Police I ment can not be made nuv , efective in April because Sgt. of the fact that whoevc,r is al onted must assume App' t uS duties ; it. in O dL. vs after th7 ap Jintment. .,,fter Town Neetinii has appropri tQC Loney a new r que,3t blank should be filed with the Division of Civil Service". The Chairman asked if the 13o rd wished to make any counter offer with relutia.1 to Lapoli ' s claim for 270 ;4D s�. 1 damages in connection with the relocation of Lincoln Street. Mr. Emery said he thougt the Board should The Chairman sug e.ted a settlement in the amount of 1 ,000 for the land taking and an agreement between the Board and Lr. Lapoli Napoli that the present trees will not be taken down settlement for a period of 10 or 15 years, and that Mr. held over Napoli grant the town permission to set out a new line of trees back of the present right of way line lar. Locke said that he thought Mr. Napoli would have to take the Board' s word in not removing the trees. It was aecided to have the Chairman contact Lr. Devine, submit this offer and invite him to meet with the Board net, Tuesday . The Chairman aske'-4 the Board if they desired to award the contract for the collection and disposal of Oarb,:f^e in the town. Upon motion of Mr. Jriscoll, seconded by Mr. Locke , 1 Garage it was voted that the contract for the collection Contract and disposal of irbege be awarded to Connors Bros of Burlington for a peri_oc. of ane year at their quotation of '9,000. The nieetin€• ad jorlrned at 10 35 P.M. A true record, attest Y / electrien. / 4( )