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HomeMy WebLinkAbout1948-02-16261. SELECTMEN -1S 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.M. There were present: Chairman Paxton, Messrs. Locke, Gay, Emery and Driscoll. The Clerk was also present. At 7:30 P.M. a hearing was declared open upon the petition of the Boston Edison Company and the N. E. Tel. Q<. 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 approximately 2,900 feet southeast of Winter Street, ten (10) poles. Grove Street, approximately 3,050 feet north of Burling- ton Street, guy wire and anchor. Messrs. McDonald, Knodell, Hughes, two other representa- tives from the Boston Edison Co., Ir. Joseph H. DeFoe and Mr. John J. Garrity, and two residents of Grove Street were present at the hearing. The Chairman explained the proposed locations and there were no objections. Upon m®tion of l:.r. Emery, seconded by Jr.PGay, it was voted that the petitions be approved. The abutters retired. Petitions •from the Boston Edison Company with reference to the transmission line were held over from last week. Par. Knodell 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 state had made any regulations or requirements as to how the Edison Company will cross .the Turnpike. i'. Knodell replied in the negative and stated that after the town :;rants the locations the state grants the permit. He explained that the state prefers not to have the Edison Company disturb 262 the pavement. The Chairman asked how far the poles will be from the right of way line on Lincoln Street. Mr. 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 minimum height of 55 feet to 75 feet. Me 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 Medway to Framingham and wooden poles are used throughout. The Chairman asked if they will clear the entire 250 feet of the right of way and P.r. Hughes said they expect to clear only 130 feet. Yr. Emery asked if they had a separate set of poles for each line and I,ir. 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. Knodell stated that they would be very carefully patrolled..Mr. Hughes explained that the poles are not painted. Iir. Emery asked about the minimum clearance above the street that the state requires. Lr. 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 thing underground is counterpoise. lar. 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 trying to purchaee land. Mr..McDonald explained that they have now over 705 oIdf 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. jr. Emery asked if there were any additional benefits that the Town of Lex- ington would derive and Mr. McDonald said that they 263 would have more taxable property and it would definitely strengthen the system in Lexington. The Chairman said that anything thcBoston Edison Company could do relative to shrubs would be an asset. He asked the Board if there were any questions, and there were none. Lir. Knodell informed the Board that the Edison Company planned on cutting down trees on some of these- streets and some of theca may be sizable trees. TheChairman asked how many trees would be affected. lir. Garrity replied that there are not many but some on ':Wood Street and a few on Grove Street. I+:r. Garrity said that his interest would be in reproving the trees by the roots and not leaving any stumps. I:r. I_nodell explained that th4Edison Company plans to clear the public ways for the entire 250 feet and have trees planted. Mr. Emery asked if they proposed to take out the roots and LIr. Knodell replied that they generally take them out of the ground as closely as they can but he will have to take under consideration the question of having the roots removed entirely. A lengthy discussion was held relative to the shrubbery and Lir. MdDonald agreed to investigate the possiblity of getting permission to plant trees across the 250 foot right of way, some distance from the street line, possibly 15 or 25 feet, Er. McDonald agreed to have the above information for next Tuesday night, and upon motion of Lir. Emery seconded by Ir. Gay, it was voted to defer any decisions on the petitions until the next meeting of the Board. The Group retired at 8:25 P.M. Yr. Earl Green, an apalicant for a second class agehts 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 Ir. Green is going to lease from Mr. Johnson the premises at 97 Massachusetts Avenue. He said he wanted the building as a service station. TheChairman 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 vacant 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, 264 Second Class Dealer's License 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 the vacant lot used by the former dealer. Mr. Green explained that he has been with the Pontiac Company for 13 years and that his automobile back- 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. Iv;r. 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 Idr. 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. Mr. Kennedy presented plans and explained that they would have a lawn type of cemetery with a chapel and crematory. Lr. 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 1 265 were none. The Chairman asked the Planning Board if they had any questions. Gail Smith asked• the group what made them think the town did not have adequate cemetery facilities and MIr. O'Brien replied that the present facilities are town facilities and this would be a private cemetery. i:r. Locke asked why the matter was approached through a bill in the Legislature rather than the existing statute. Mir. O'Brien said that it was Mir. Murphy's thought to avoid litigation with the town fathers. Mr. Locke asked if Mr. Murphy had assumed that the Town Meeting would not approve it and Lair. 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. i\Lr. Emery asked if the present owners were the owners at the time Lir. Murphy was the attorney, and Er. O'Brien replied in the affirmative. /r. Emery said it must have been on his advice that the Associates went over the town authorities. Er. Neville said that the town would derive income from the taxes on the property and that Mr. Kennedy had advised him that it would run between r 200,000 and X250,000. He said he understood in order to get something in to cover this point it would have to be written into the bill in lieu of taxes. Lr. Smith asked if the property would be exempt from taxes if there was nothing relative to this in the bill and Mr. Neville replied in the affirmative. lir. O'Brien said that the organization has a charitable charter. Mir. Potter explained that cemeteries are not taxable and Mr. and Mr. Neville agreed. Mr. Potter asked if the buildings could be taxed and LIr. Neville replied that something coould be written in the bill whereby the buildings might be taxed. Pair. O'Brien said that it didn't necessarily have to be written into the bill but an agreement could be made between the town authorities and the owner of the cemetery. Mira Neville said that if between now and Earch 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. Er. Richards of the Planning Board said that he did not believe the Board of Selectmen had any specific power. The Chairman explained that it would have to come before Town LIeeting. The 266 Cemetery Hearing Chairman asked if there were any further questions a and there were none. The owners of the proposed cemetery retired at 9:05 P.m. The Chairman said that he thought the proper pl-ace for the Board to register objections was at the hearing on March second. lIr. 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 Protestants sections of Westview so that both raay be accommodated. He explained that there 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 decreased 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. Par. G3rdon 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 hire 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 hearing. He said it also might be well if the Cemetery Commissioners and the Board of Selectmen submitted a statement in opposition. It was decided to write the Lexington Chamber of Commerce, 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 Pr. Lynch submitting his resignation as Town Counsel to the Town of Lexington effective Tuesday, Feb- ruary 17, 1948. The Chz_irrran asked the Board if he should contact Iir. Lynch by telephone Resigna- i_n an endeavor to find out whY he submitted his tion resignation, The Board had no objection. The of ' Chairman left the meeting and. called Lr. Lynch. Town He reported to the Board that Mr. 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. Yr. Driscoll asked if the Board would like to lay this matter on the table until after the Chairman had talked with Mr. Lynch. The Chairman said that he didn't know what to do inasmuch as the Board have different thought4on this subject. He stated that the Board is now approaching town meeting.with out any one who has a municipal back- ground. Er. Emery asked that inasmuch as this is an emergency, was there any thing to Prevent the Board from getting Sydney Vlrightington to fill:in. The Chairman said he supposed they could hire him and Mr. Locke said he thought he could be hired to prepare votes and answer questions at town meeting. The Chairman said that he is going to talk to Mr. Lynch and the Board should make up its mind and asked if he should try to :het information as to why Lr. Lynch has resigned. He said that if the Board does not agree to that they should obtain legal services immediately. If on ttie other hand the Boafd feels that the Chairman should attempt to persuade Yr. Lynch to serve for another year that will be another story. lir. Gay said he did not see how the Chair- man could do that because of the -fact that there will it appreciated that fact but there aYe three ...embers of the present Board who will be on the Board next year. Mr. Locke said that if Yr. -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 that he can see no other possible logic for it. The Chairman read a letter from Mr. Lynch with reference to the Board's inquiry as to whether or not the transmission easement through Butterfield's * be a new Board. The Chairman replied that he 268 Legal Opinion re: Meeting for Transmission Easement Claim of Emmanuel Coscia Public Carriage Application Charge for use of hall for Boy Scouts Pond would have to be decided on at a special Town Meeting called for that purpose. Mr. Lynch explained that Article 46 of the warrant for the annual Town Meeting in 1948 refers to the trans- mission line and that matter is in order for consideration at the town meeting and there is no need of a special meeting for this purpose. A letter was received from Alfred P. Trop- eano, attorney for Eruaanual Coscia of 79 Grant Street who is supposed to have sustained personal injuries as the result of defective conditions 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 orks 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 R. Ambler, 40 Garfield Street, Lexington, for a public carriage license. Satisfactory character 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-Bedrord District. Boy Scouts. He stated that the Scouts intend to have an annual program Run -Off in the form of a Scout Circus, in Cary Iviemorial Hall on May first. Mr. Birnell stated that there are expenses connected with this proposition and it the desire of the committee to make a nominal charge of approximately 25¢ a person. He inquired as to whether or not under the circumstances the Scouts would be obliged to pay the customary charge of 135.00 for the use of the hall. The Clerk was instructed to advise Pair. 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. oLLLai rZI 1 The Chairman read a letter from Pairs. D. F. Ross stating that she had purchased through the Board of Selectmen a parcel of land for which she paid X100. She has now received a tax bill show- ing.the valuation of the property at `;500. Mrs. 269 Complaint re: ment land Ross said that she had called the Board of Assessors but nothing has been done. The Clerk was instructed to acknowledge the letter and to advise firs. Ross that this matter does not cores within the jurisdiction of the Board of Selectmen and Aust be taken care of by the Board of Assessors. An application was received from Lexington Grange for permission to conduct a fair in Cary Use of Hall Memorial Hall on the evening of September 18, 1948. Mr. Gay moved that the use of the hall be granted subject to a charge of 35.00 Mr. Emery seconded the motion, and it was so voted. The Chairman read a letter from 1.r. Gaston J. Daigle, 9 Fuller Street, ';''althaui, offering •75.00 for lot #108 Bridge Street. The Coriniittee on Tax Title property recommends a price of X200. The Clerk was instructed to inform Er. Daigle 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.- y The Chairman informed the Board that the Clerk had telephoned the Supervisor of Certification in the Division of Civil Service and received the following, information. "officer Smith's name was placed on the list established January t, 1948, and will remain on the list, if he does not receive an appointment, for two years. Officer Smith will not be required to take another Ser'oant's examination. His appoint- ment can not be made now, effective in April because of the fact that whoever is ap;ointed must assume his duties within 30 days after the appointment. After Town tieetin has apnropri ted money a new request blank should be filed with the Division of Civil Service". assess - of Tax Title Property The Chairman asked if the Board wished to make any counter offer with relation to Lapoli's claim for Officer Smith's certifi- cation re: Police Sgt. App't. 270 Napoli settlement held over Garage Contract damages in connection with the relocation of Lincoln Street. Tr. Emery said he thougt the Board should. The Chairman suggested a settlement in the amount of 11,000 for the land taking and an agreement between the Board and ,:r. Lapoli that the present trees will not be ta:cen down for a period of 10 or 15 years, and that Mr. Napoli grant the town permission to set out a new line of trees back of the present right of way line. I•ir. Locke said that he thought Mr. Napoli would have to take the Board's word in not removing the trees. It was decided to have the Chairman contact Lir. Devine, submit this offer and invite him to meet with the Board net Tuesday. The Chairman asked the Board if they desired to award the contract for the collection and disposal of garbage in the town. Upon notion of i.ir. :Driscoll, seconded. by T.?r. Locke, it was voted that the contract for the collection and disposal of garbe e be awarded to Connors Bros. of Burlington for a period of one year at their quotation of 9,600. The meeting adjourned at 10:55 P.E. AA true record, Attest: 7--1-26 kc, electraen.