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HomeMy WebLinkAbout1948-03-31 316 1 SEIE CTMEN'S MEETING March 31, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Wednesday evening, March 31, 1948. There were present: Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. At 7 :40 P.M. Mr. Joseph H. DeFoe, Supft. Water of Public Works, met with the Board. He informed Main the Board thgt he has received signed petitions for Requests the following water mains : Middleby Road 6 signatures out of 7 1,050 ft. 10" pipe Wilson Road 100% signatures 760 ft. 8" " Borman Rdad 87% signatures 1,200 ft. 6" " Burlington St. 100% signatures 550 ft. 8" " Winter Street 53% signatures 1,670 ft. 12" " Carley Road 56% signatures 600 ft. 6" " Ledgelawn Avenue95% signatures 670 ft. 6" " Liberty Avenue 72% signatures 300 ft. 6" " Upon motion of Mr. Gay, seconded by Mr. Driscoll, it wa s voted to have the orders prepared for the Sewer Board's signatures. Main Mr. DeFbe informed the Board that he had received Requests signed petitions for the following sewer mains : Tucker Avenue 50% signatures 155 feet 8" pipe Reed Street 100%signatures 360 feet 8" " Fuller Road 100 feet 8" " Candlewick Close 81% signatures 240 feet 8" " Berwick Road 68% signatures 400 feet 8 " " Grant Street none 1,900 feet 8" " Mr. DeFoe informed the Board that he has been unable to obtain any signatures from the property owners on Grant Street. The Chairman explained that the Town voted, to construct Grant Street and the Board of Selectmen can have the street built and leave the sewer out; or the town can put in the sewer and assess the betterments against the abutters and construct the street. The abutters in the meantime argue the assess- 317 1 ments. He said the Board could abate the betterments and try to arrive at some agreement. He said that to Cons. him it appears more logical to put the sewer in even of though they don't want it than to take the chance of Grant building the street without putting it in and then Street having them need the sewer within a few years and Sewer having to rip up the new road. He said he thought the way to do it would be to put the sewer in and have every small lot with a house forced to connect and pay the cost of the betterment assessments. Those who have long frontages such as the farmers would connect the house and defer the betterment on the other frontage until such time as they build. Mr. Emery asked if this proposed sewer would be necessary for the elementary school. Mr. DeFoe said he thought the elementary school would be serviced by Adams street. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to have the orders prepared for the sewer constructions for the Boardts signatures. However, Mr. DeFoe in requesting bids for constructing Grant treet is to advise the contractors that they should take into consideration II the fact that the sewer may or may not be installed in Grant Street, and their bids should be submitted accordingly. Mr. DeFoe requested permission to advertise for bids for the construction of Grant Street, Winter Street, Rhodes Street, Lockwood Road and Byron Avenue. Bids Mr. Gay moved that the request be approved. Mr. for Driscoll seconded the motion, and it was so voted. streets Mr. DeFoe retired at 8:15 P.M. Mr. Cromwell, Chairman of the Planning Board, Messrs. Adams, Worthen and Richards of the planning Board, Mr. Lynch, Town Counsel Mr. Locke, Chairman of the Board of Appeals, Mr. Lindstrom, Building Inspector, and the following real estate brokers met with the Board: Messrs. Couette, Vaughan, Lyon, Merriam, McIntosh, Clark, Colman, Foster; and also Mr. Ryder and Mr. Tropeano. Mt. Robert Merriam presented two plans of Lex- ington Manor and explained that when the Lexington Trust Company foreclosed it part of the land which was the Lexington Building Trust was not sold. There was a demand for larger lots and they had Everett i I i I I 318 1 Brooks, Engineer, prepare a sales map dated June, 1938, which was never filed at the Registry of Deeds. In this map were combined lots which had been previously sold. •In making up the deeds the des- criptions were taken from the original plan which was filed. He explained that the case he is particularly interested in is on Burlington Street and shown as Lot H which has a 901 frontage and an area of 10,700 feet. The Lexington Trust Company deeded it and Mr. Merriam had a copy of the deed. Mr. Hill has pur- chased the lot and has been denied a building permit. Mr, Couette asked why the building permit was denied and Mr. Merriam replied that he understood it was because Mr. Hill did not have 1001 frontage. Mr. Lindstrom explained that the plot plan that Mr. Hill had showed Lots 16-17-18. On the plan in the Engineering Department it indicates that the lots have been divided showing part of 16 and part of 19, He explained that what Mr. Hill submitted was different from the records of the Engineering Department. He said he believed the change was made in 1944 and he questioned it. Th4Chairman of the Board of Selectmen asked Mr. Lind- strom what the application showed when it was submitted to him. Mr. Lindstrom replied that it showed Lots 16-17-18. The plan in the Engineering Department shows Division 16, 17, 18, Division 19. The Chairman asked the reason for denying the building permit. Mr. Lindstrom replied that as he understood it, it would have been a sub-division of 1944 and anything after October. 1938, must have 1001 frontage. Mr. Merriam said he did not believe there had been a sub-division. The Chairman asked if Mr. Lindstrom be7.ieved the parcels in question are part of 16, 17, 18, and part of 19, and Mr. Lindstrom replied in the affirmative. Mr. Lynch explained that Mr. Lyon saw Mr. Lindstrom last week on s everal lots in the Manor and Mr. Lindstrom discussed it with. Mr. Lynch. While discussing it they found this provision in the law. Mr. Lynch explained that it is no new provision and that this exact provision is found in Chapter 211 of the Acts of 1936. He ex- plained that the Town of Lexington accepted on March 28, 1938, Section 81, F. G. H. I and J, of Chapter 271 of the Acts of 1936. From March 28, 1938, this was the law in the Town of Lexington. Mr. Lynch read the following from the old law; that is, Chapter 211: 1 6 319 "Section 81-H: No permit for the erectio of any dwelling within sub-division in a city or town ' wherein section 81-F is in effect shall be issued unless a way giving access to such proposed dwelling appears on a plat of such sub-division, approved and recorded as provided in said section, and no permit for the erection of any dwelling elsewhere than in a sub- division in any city or town having an official map under Section 81-C shall be issued unless a way giving to such proposed dwelling has been placed on or made a part of such map." He explained that the Town of Lex- ` ington has no official amendment and there is no other way a building permit can be granted. He explained that there is a provision in the same section that if the enforcement would entail hardship and circumstances do not require that the dwelling be related to a way shown on a plat, the Board of Appeals provided for in Section 81-I shall have- power by voted of a majority of its members to issue a permit for the erection of such dwellinga_ Mr. O'Dea stated that he had what he thought was a very nice lot in Lexington Manor. He has a man who is ready to purchase the land tomorrow. He said he would like to sell it but he cannot sell it to any- one who will not be able to obtain a building permit. The Chairman said the Board of Selectmen appreciates the position of Mr. OtDea and he could rest assured that all the Boards will do everything possible to solve this problem. He said that whereby this Chapter 211 was accepted by the Town in 1938 it would appear that the law has been violated but if the group will give the Board an opportunity he felt that the Board of Appeals, Planning Board, and Town Counsel could work out some method of relief. Mr. Couette asked Mr. Lynch what he would recommend. Mr. Lynch replied that this is a Legislative problem and the only way it can be changed is to go the the Legislature. The group of real estate brokers retired at 9 :05 P.M. Discussion Mr. Lynch said he thought the Town should stay re: within the law if possible and be practical about it, Chapter and that any practical solution the Board might have 340 would be all right with him. The Chairman said that the Building Inspector is under the jurisdiction of the Board of Selectmen and he would suggest that the 32Q 014 Board of Selectmen request him to carry along for the time being as he has in the past, referring only questionable permits to the Board of Appeals. Mr. Emery said he did not know whether or not he would vote for an arrangement like that having had the Town Counsel's opinion that it is illegal. The Chairman said that if theal estate brokers and individuals desire building permits and are held up, the Planning Board will be blamed for Chapter 340. Mr. Lindstrom said that the law provides an opportunity for a Board of Appeals hearing. Mr. Gay said that he agreed with Mr. Emery and how the Board knows the law it would seem to him that for the time being every case would have to go before the Board of Appeals. Mr. Lynch said that this affects every city and town in the Commonwealth of Massachusetts and once an official ruling is made it should be abided by. He said that he would speak to the Counsel for the House of Representatives and also go to the State Planning Board the first thing in the morning to check upon the possibility of Chapter 340 being unconstitutional. Mr. Locke and Mr. Lynch retired at 9 :50 P.M. Mr. Cromwell stated that before the war the town supplied the Planning Board with clerical help. Cleridal However during the war he had had the work done at his office and th °cords of the meetings arenow Help Fel in his office and he thinks that they should be on Planning file in the Town Hall. The Chairman said that Mr. Board Cromwell was correct. A girl in the building used to do the clerical work of the Planning Board and was paid by them. He suggested that some member of the Planning Board talk to the girls in the build- ing to see whether or not some arrangement could be made. Mr. Cromwell asked if it was up the the planning Board to find the girl and the Board of Selectmen felt that it was their problem. Mr. Cromwell said the next problem was to obtain New Member a new member cedr the Planning Board. He explained of that Thayer Rudd has moved out of town and in all Planning probability will resign. He explained that it is Board up to the Selectmen and the Planning Board to appoint a new member to serve the unexpired term. He said the Planning Board has two people in mind. The subject 321 1 was discussed and it was finally agreed to have the Planning Board submit a name to the Board of Selectmen as a candidate to fill the unexpired term of Thayer Rudd. Mr. Cromwell inquired about having the Town Engineer sit in at the Planning Board meetings . The Chairman agreed to request Mr. Burns, the Town Engineer, to attend the Planning Board meetings. The Planning Board retired at 10:15 P.M. The Chairman read a letter from Vernon S. Lindahl, 8 Cross Street, Winchester, inquiring as to whether or Veterans not he would be eligible to purchase a veteran's lot. He has lived in Lexington for four years but was Lots forced to move . The clerk was instructed to advise Mr. Lindahl that the Board has made no decision on the one lot remaining, but if and when some action is taken he will be so advised. A notice was received from the Boston Edison Company relative to taking by eminent domain for electrical transmission line purposes certain land in the Town of Edison Lexington. Mr. Lynch informed the Board that the Boston Trans- Edison Company had assured him that there would be no missio, land taking and he suggested that the Board send him Line a copy of this notice. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve Surety bond #632130 in the amount of $1,000 on behalf of Hazel J. Murray as Approve Clerk of the Board of Selectmen. Bond. The Chairman read a letter from Thomas F. Garrity, attorney for Andrew Adamson, 68 Garfield Street, Lex- ington. Mr. Garrity registered a complaint that a dog Dog owned by Lawson R. Weisinger, 46 Garfield Street, is Bite a nuisance because of its vicious disposition. A report was received from the Dog Officer stating that the Wesinger's informed him that Mr. Adamson passes their home with a stick in hin hand which causes the dog to bark and run after him. Mr. Lynch suggested that a copy of both letters be forwarded to him. An application was received from the Lexington V.F.W. PoPP9 requesting permission to conduct a poppy drive on May Drive 28 and 29. Mr. Driscoll movedthat the request be granted. Mr. Nickerson seconded the motion, and it was so voted. 1 • 322 p Cla 1 A letter was receivedfreca Benjamin F. Day on behalf of the Cub Scouts of East Lexington re- questing permission to conduct a paper drive on Sunday, May 16th. Mr. Gay moved that the request Paper be granted. Mr. Driscoll seconded the motion, and Drive it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Emery, it was voted to authorize the Chairman police of the Board to s ign a requisition blank for the- Sergeants appointment of two sergeants of the Police Department. An a pplication was received from the V.F.W. for the use of Estabrook Hall and Conference Room Use of Hall on the evenings of April 7 and 21 for business meet- ings. Mr. Emery moved that the use be granted. Mr. Gay seconded the motion, and it was so voted. An application was received from the Farm Bureau Federation for permission to use Estabrook Use of Hall Hall on April 8th. Mr. Emery moved that the use of the hall be granted subject -to a charge of $10.00. Mr. Gay seconded the motion, and it was so voted. Use of Hall An application was received from V. F. W. requesting permission to use Cary Hall on April 19th for the installation of officers. Mr. Emery moved that this use be granted to be considered one of their free uses. Mr. Gay seconded the motion, and it was so -voted. Sunday The Chairman read a letter from the Chief of Sales Police stating that he has personally made an investi- gation of traffic conditions at the corner of Concord Avenue and Waltham Street in view of the application received for permission to sell ice cream at this location. The Chief stated that there seems to be ample parking space provided and in his opinion he does not believe that there would be any serious traffic congestion. Mr. Emery moved that Robert P. Miller's application for Sunday Sales license be approved. Mr. Driscoll seconded the motion, and it was so voted. I C E 323 The Chairman informed the Board that the Town Accountant had been down to the hospital to see kTohn T. Cosgrove. Mr. Cosgrove would like to receive his pay up until June first at which time he expects his retirement to become effective. Mr. Driscoll moved to continue Mr. Cosgrove's salary until June 1, 1948, assuming that will be the date of retirement. Mr. Gay seconded the motion, and it was so voted. Commissions for the Special Police Officers were presented for the Boardts signatures. However, the Board questioned whether or not the number of Special Police. Officers is necessary and it was decided to have the Chairman discuss the subject with the Chief of Police. The meeting adjourned at 11:20 P.M. A true record, Attest : e , lect,en. r� 4.. v 1