Loading...
HomeMy WebLinkAbout1948-05-02179 SELECTMEN'S MEETING May 2, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, May 2, 1949. There were present: Chairman Emery, Messrs. Gay, Dirscoll and Nickerson. The Clerk was also present. At 7:30 P. M. Mr. Bertram P. Gustin, Chairman of the Recreation Committee, and Mr. Bramhall, Director of Recreation Activities, met with the Board. Mr. Gustin explained that his committee has received a request for aid in making the park at Kineen's Pond available for a Kineen's play area. He said it would mean that they would have Pond to have funds for a bulldozer but the group of men in Rec. Comm. the vicinity have offered to do the labor free of charge so that the children in that area will have a ball field. The Chairman read a petition aigned by ten residents of Simonds Road and Burlington Street stating that is was their proposal to level off the hump in the Kineen Park and use the fill for the low spots. Mr. Garrity has been advised of the project and suggested that a letter be written to the Board. Mr. Gustin said he thought this job could be done for $50 or $100 and he would say that his committee is in favor of it. The Chairman explained that the Selectmen are in favor of anything within reason along these lines. He asked if the Board could discuss this matter with Mr. Garrity, inspect the area some evening, and have an answer for Mr. Gustin next Monday. Mr. Gustin agreed. Mr. Gustin informed the Board that the Committee has discussed the enclosed field and decided to go on the policy to make the suggestion to those using the field that the Recreation Committee will be glad to receive a contribution of 30% or $150., which ever. is the lesser. The Chairman Enclosed said that it must be understood that there is nothing com- Field pulsory and any contribution is voluntary. He said that if anyone passes the hat they should wear the sign that all contributions are voluntary. Mr. Gustin said that Mr. Hanna would like to know if the Selectmen have any objection to their writing the Scott Heirs explaining the situation on the enclosed field and asking for a release. The Chair- man said he did not know how the Board felt about this but, personally, he thought Mr. Hanna should not do it. He said if anyone is going to contact the heirs and ask for a release it should be the Town Counsel. He said that in fact the Town Laws infer this. Mr. Gustin said that he would like to make this suggestion and agreed that it should be brought up by the Town Counsel. The Chairman asked Mr. Gustin to have his committee submit this request in writing. 180 Mr. Gustin and Mr. Bramhall retired at 7:55 P. M. A letter was received from the State Department of Public Works advising the Board that the Commissioners have alloted, under the provisions of -Section 34 Chapter Chapter 90 90 of the General Laws the sum of $10,000 for the improve- ment of Waltham Street on condition that at least $5,000 shall be contributed by the Town and $5,000 by the County. A letter was received from the State Department of Public Works advising the Board of Selectmen that the Chapter 90 Commissioners have allotted under provision of Section 34, Chapter 90 of the General Laws,the sum of $1,000 for the maintenance of Chapter 90 roads in Lexington on condition that at least $1,000 shall be contributed by the Town of Lexington and $1,000 by the County. Traffic A petition was received requesting the installation Lights of traffic lights at the intersection of Bedford, Hill and Revere Stiieets. The Chairman gave the petition to the Super- intendent of Public Works. A letter was received from the School Committee advising the Board that Mr. Robert Person has been appointed a member of the Recreation Committee for a three year term. Mr. Person will replace Tracey W. Ames who is unable to accept reappoint- ment. The Chairman read a letter from Mr. Lynch regarding payment for sewer connections. It is Mr. Lynch's opinion Sewer that Connections it would be hazardous to depart from the established policy of requiring land owners to pay to the town the total cost of connection a private estate with a common sewer before such connection is made. Mr. DeFoe, Supt. of Public Works, met with the Board at 8:10 P. M. The Chairman bought up the subject of the drainage complaint received from A. J. Kochis, 468 Marrett Road, which involves Lot #'77 owned by the Town. The Chair - Drainage man explained that the Board had viewed this area and asked Mr. DeFoe is it would cost too much to pipe along the open broo} within the boundary of the low owned by the town. Mr. DeFoe said he would not suggest this because he does not see any advantage to laying the pipe. The Chairman asked if the drain would flow freely if the town l,nd were cleaned out. Mr. DeFoe replied that the most the town could do would be to take up the lest two or three lengths of pipe and then lay pipe in there and clean out the ditch up to the adjacent property. He explained thrt this would not take care of all the water but he believed it would be all that the town should be called upon to do. The Chair- man agreed and asked what it would cost. Mr. DeFoe replied that he thought it would be less than $100. The Chairman asked that the Town Counsel would agree end prepare a lease to be signed by the property owners, would the Board like to have Mr. DeFoe do the work. CrZ rng 1 1 181 Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to authorize Mr. DeFoe to take out the last two or three lengths of pipe, clean out the ditch to the adjacent property -providing a release prepared by the Town Counsel is signed by the property owners, the cost not to exceel $100. The Chairman brought up the subject of the complaint submitted by Mr. Scott about water on Middle Street. The Board of Selectmen went over this area last Saturday morn- ing. Mr. DeFoe stated very emphatically that there was only one solution and that is drainage which would cost about $7,500. The Chairman asked whit could be done other than the installation of drainage. Mr. DeFoe replied that there is nothing else that can be done. Ie explained that the water spills on the low tide and it can't be run down the street because it would be too deep for traffic going through and then it would begin to flow into the yard across the street. He stated that Mr. Scott wants the town to drain it locally; put in a couple of catch basins and run a pipe through his land. He ex- plained that once the town begins to dump the water into the brook the town will be responsible for the entire length of the brook. He further stated that if the town g00* into Mr. Scott's land tt will be reclaiming his land. The Chairman asked if Mr. DeFoe could lower the cut that Mr. Scott made so that the water would be directed out of the area and diverted into the brook. Mr. DeFoe again stated that if this procedure is followed the town will be responsible for the entire length of the brook. The Chair- man asked what difference this would make of the town acquired the responsibility of the brook. Mr. DeFoerepliedthat there would be no end to what it would cost the town and that other property owners.would then look for relief. Mr. DeFoe said he did not think the town should put in local catch basins for one individual and become responsible for a brook a mile and a half long. He explained that even if the drainage is installed Mr. Scott will still have water in his back yard. Mr. Nickerson stated that Mr. Scott com- plained about the water rushing down the road into his drive- way and stated that it was getting increasingly worse each year. Mr. DeFoe said he could not understand why. The Chairman asked if Mr. DeFoe had any alternative in mind and he replied in the negative. The Chairman asked what it would cost to raise the street. Mr. DeFoe replied it would be subject to study to see where the gutter would be, taking grades, the effect on adjacent property, etc. The Chairman asked if he would take off the two rims. Mr. DeFoe said that he would have to take out a quarter of a mile of road altogether and build it over again and that would be quite expensive. The chances are that the water would then go on to some one elses driveway and the drainage still would not be installed. Mr. Nickerson asked if it would be expen- sive to keep the brook supposing the town deepens the cut, reclaims the land and directs the water down to the brook. 182 Water Mr. DeFoe replied that it is difficult to get equip- ment in to clean out any brook. He said he did not know what they would run into but to him it would appear to be an expensive proposition. He suggested that Mr. Scott be told that this would have to be acted on at a town meeting at which time the town could vote on the annual budget. Mr. Driscoll said he would rather see an expenditure of $7,500 for a drainage project. The Chairman suggested that Mr. DeFoe contact Mr. Scott and tell him that the town has no money for the drainage and see what kind of a set- tlement can be made. The Chairman read a letter from the Leeland Con- struction Co. requesting the water service to ten lots in Lexington Manor. The Chairman asked if Mr. McConchie knew that there was no wrter when he started construction in this area. Mr. DeFoe replied that the Town Engineer told him and he understands the situation. He said that Mr. McConchie had been advised that it was very probable that nothing could be done this year. The Chairman informed the Board that he would answer Mr. McConchie's request and advise him that the Board can make no commitments of any kind at this time. Mr. DeFoe requested permission to purchase a supply of copper tubing and submitted quotations received from Bids four concerns. Upon motion of Mr. Gay, seconded by Mr. Copper Driscoll, it was voted to authorize the Suptt. of Public Tubing Works to purchase 10,020 feet of 3/4" and 2,040 feet of 1" copper tubing from the Red Hed Mfg. Co. at their quo- tations of $.2410 per foot on 3/4" and 4.2971 per foot on 1" Mr. DeFoe presented a sketch showing the property on Carville Avenue owned by Mr. Erwin. Mr. Erwin intends to construct a house but there is a brook running through the lot and he wants the town to do something about it. The Chairman questioned why the town should tie anything Drainage if he wants to build a house over a water course. Mr. DeFoe said he had discussed this with the Town Counsel who stated that the town dumps into the brook and Mr. Erwin has a right to build a house because it is his land. The Chairman suggested that Mr. DeFoe contact Mr. Erwin and tell him that he would advise him later on in the serson rs to the status of his drainage budget. Mr. DeFoe requested permission for the construction of a water main in Williams Road. He reported that this Water was approved in his 1949 Budget end he has 100% of the Order signatures. Mr. Gay moved that the order be prepared. Mr. Nickerson seconded the motion and it was so voted. Mr. DeFoe presented each member of the Board with a detailed summary relative to the Bow Street district Sewer sewers. Upon motion of Mr. Gay, seconded by Mr. Nickerson, Laterals 1 1 183 it was voted to authorize the construction of sewer laterals in Bow Street, Albermarle Averjae, Rindge and Rawson Avenue. ✓ Mr. DeFoe said that Mr. Lindstrom, Plumbing Inspector, had asked permission to purchase the typewriter now being used in that Department, for the turn n price of $20.00. Sell Mr. Driscoll moved that Mr. Lindstrom s request be granted. typewriter Mr. Nickerson seconded the motion and it was so voted. Mr. DeFoe retired at 9:35 P. M. The Chairman informed the Clerk that Mr. Hugh C. Tupper, 20 Wood Street, Lexington, verbally ^agreed to pay $200 for Lots 31, 32, 33 and 34, Block 3, Earle Tax Street. Mr. Nickerson moved that the offer to purchase Title these lots be advertised in the Lexington Minute -Man. Mr. Driscoll seconded the motion and it was so noted. The Chairman read a letter signed by Mr. and Mrs. Berglund, 1 Ames Avenue, registering a complaint about a vicious dog owned by Richard Tracey, 5 Butler Avenue. The Report was also received from the Dog Officer. The Chairman asked if the Board wanted to clear this with the Town Counsel and then ask Mr. Tracey to meet with Dog the Board. Mr. Driscoll moved that the dog be permanently Complaint restrained. Mr. Nickerson seconded the motion and it was so Voted. The Chairman suggested that a letter be written to Mr. Tracey advising him that the Board had received a complaint and voted to restrain the dog permanently; how- ever, if he feels the order is unjust the Board would be glad to discuss it with him. It was decided to have the Chairman discuss this with the Town Counsel. A petition was received from residents of Curve Street requesting the restraint of a dog owned by Eleanor M. Boyle, 3 Curve Street. Mr. Driscoll moved that the Dog dog be temporarily restrained pending a report from Complaint the Dog Officer. Mr. Gay seconded the motion and it was so voted. (Both communications given to Town Counsel by the Chairman.) A letter was received from the Board of Fire Engineers together with a bill in the amount of $37.50 received from L. W. Bills for replacing fire alarm wires after moving the Fire old fire house. The Chairman felt it would be more logical Dept. to pay this bill from the Fire Department Account than from the Selectments Account. Mr. Nickerson moved that the Chairman be authorized to discuss this with the Chair- man of the Board of Fire Engineers. Mr. Gay seconded the motion and it was so voted. A letter was received from the Board of Fire Engineers together with a letter from Frederick A. Hoxie requesting retirement udder Chapter 32, Section 184 Fire Dept. 85E, paragraph A, of General Laws. Mr. Gay moved that Retirement Dr. Harold J. Crumb be appointed to serve on the med- ical panel on behalf of the Town of Lexington. Mr. Nickerson seconded the motion and it was so voted. A letter was received from Mr. Garrity stating that tie Field & Garden Club would like to use the space at vthe rear of Buckman Tavel between the kitchen and the shed door for the proposed herb garden. He stated that the Field and Garden Club will maintain the garden and Herb the proposed location is within the Historical Society's Garden lease. Personally Mr. Garrity could see no objection. Mr. Nickerson moved that the request submitted by the Field & Garden Club for permission to maintain a herb garden on the Buckman Tavern property in memory of Mrs. Helen Webster be granted. Mr. Driscoll seconded the motion and it was so voted. A letter was received from the Town Counsel relative to the application of T. J. Morrisson for a Sunday Sales license to do business at 139 Spring Street. Mr. Lynch expressed the opinion that the application should be License denied on the grounds that the property in question is located in an R1 residential zone where such a commercial activity is forbidden under the provisions of the Zoning Law of the Town of Lexington. Mr. Driscoll moved that the application be denied. Mr. Nickerson seconded the motion and it was so voted. Mr. Lynch also referred to the application of Law- rence Trebino for a license to peddle. He explained that the only restriction on the power of the Director of Standards, who is authorized to grant Peddler's Lic- enses, is that a person applying for such a license must file a certificate signed by a majority of the Sel- ectmen stating that to the best of their knowledge and belief the applicant is of good reputation and morals and is, or has declared his intention to become a citizen License of the United States. If the Director issues such a license the licensee needs no further permission from any city or town in which he acts as peddler. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to sign Lawrence Trebino+s application for a peddler's license providing the Chief of Police is able to find out that he is a citizen of the United States. It was further decided that a letter be written to the Director of Stan- dards calling his attention to the fact that the appli- cant is only 14 years old and it is the opinion of the Board of Selectmen that a boy of this age has not the judgment or experience to properly handle a horse or pony or children who might be running into streets to buy ice cream. Mr. Garrityts communication relative to the old cellar hole on the Aldrich property was held over. The membersof the Board of Selectmen inspected the 0.4 1 185 area and are of the opinion that the cellar hole was not worth saving and should be bulldozed off. The Aldrich Clerk was instructed to write the Recreation Committee Property that the Selectmen are of the opinion that it is not worth keeping this cellar hole and as a safety measure feel that it thcld be levelled off. .Unless the Com- mittee feels that this is not a sound move or has any other objection the Board will proceed with this plan. An application was received from the 4-H Club for permission to use the Conference Room May 12th from Use of 7:30 to 9:30 P. M. Mr. Gay moved that this application Hall be approved and the use granted free of charge. Mr. Nickerson seconded the motion and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Nick- Licenses erson, it was voted to grant the following licenses: Enrico Sanseverino Lexington Bowladrome h tt Robert D. Cann Shoppers' Haven Village Variety Countryside Associates William Viano 11 Lisbeth Street 1698 Mass. Avenue It It n 4 Stetson Street 314 Marrett Road 93 Mass. Avenue Lowell Street 1794 Mass. Avenue Public Carriage Bowling Alley Sunday Bowling Auctioneer Sunday Sales n n Sunday Golf Sunday Movies The appointment of the committee relative to Town Manager and a committee for the 1950 celebration were held over. The ChariMan informed the Board that a representative of the Planning Board, Mr. F. K. Johnson, had inspected the proposed parking meter location. Mr. Bateman, of the Chamber of Commerce, had also inspected the layout. Both individuals agreed that there should be no meters. in front of the Post Office. The meeting adjourned at 10:45 P. M. The next regular meeting of the Board of Selectmen will be held on Monday evening, May 9, 1949, at 7:30 P. M. Committees Parking Meters