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HomeMy WebLinkAbout1948-05-09186 Jurors 1 SELECTMEN'S MEETING May 9, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, May 9, 1949, at 7:30 P. M. There were present Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. Mr. James J. Carroll, Town ClerkT met with the Board for the drawing of two jurors. Rt4;a it Donovan, 144 Grant St. to serve k.Criminal7BusinessliziSedon.At.Sdesion,,`begirining May 16, 1949, at Cambridge. Mr. Dem R. Burleigh, 14 Fair Oaks Drive, was drawn to serve on Criminal Business, Second Session, beginning June 6, 1949, at Cambridge. Mr. Carroll retired at 7:45 P. M. The Chairman read a letter from Paul Bowser with reference to a bill in the amount of $1,081.91 a better- ment assessment levied against his property for the con- struction of Grant Street. Mr. Bowser stated that he had been assured by the Selectmen and the Town Engineer that he had done his share in constructing a portion of Grant Abatement Street. He, therefore, appealed payment of the bill. The Chairman asked if the Board wished to take any action on the communication either finally or subject to any further research. He said he believes it was the Board's under- standing that the assessment would be abated. The Chairman agreed to contact the Town Counsel in an effort to find out whether or not this letter from Mr. Bowser is legally adequate to qualify for an official abatement. ,If the Town Counsel advises that a more specific request should be submitted Mr. Bowser will be so advised. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to abate in full the betterment assessment levied against Paul Bowser in the amount of $1,081.91 for the construction of Grant Street. The Chairman read a letter from Sachem Councel, Inc., with reference to the betterment assessment levied against property on Grant Street owned by that organization. Mr. Abatement Johnson, the Scout Executive, stated in his letter that .the Council is exempt from property taxes and, therefore, would like to have an abatement in full. The Chairman agreed to check with the Town Counsel to determine whether or not the Council is correct in the understanding that they are exempt from property taxes. The Chairman read a letter from the Sachem Council, Inc. requesting permission to place posters on poles in Lexington relative to the promotion of the Sachem Council SC -OUTDOOR -AMA activities to be held on May 21st in Arl- ington. Mr. Gay moved that permission be granted with the understanding' that the posters will be removed after they have served this purpose. Mr. Driscoll seconded the motion and it was so voted. 187 Permit The Chairman read a letter from George W. Tait requesting the installation of a street light on Carley Road. Mr. Gay moved that Mr. Tait be advised his request would be considered some time the first of July. Mr. Street Driscoll seconded the motion and it was so voted. Light The Chairman read a letter from Bernard MacCalum, 10 Pine Knoll Road, calling the Board's attention to the fact that he has been advised by Mr. Maurer of the Waltham Complaint Office of the New England Tel. & Tel. Co. that there are not sufficient facilities in Lexington to give him tele- phone service. The Board felt that this is primarily a personal problem between Mr. McCalum and the New England Tel. & Tel. Co. The Chairman agreed to acknowledge the letter and also write Mr. Maurer and request a summery of the present situation as regards the Telephone Com- pany and the Department of Public Utilities. At 8:15 P. M. Mr. John Baskin met with the Board. Mr. Baskin explained that one reason he wanted to meet with the Board this evening was to discuss his property on East Street. The Chairman explained that the Board Baskin re went over to look at Mr. Baskin's property several times East Street and feel that the cost of $4,400.00 to move this house damage represents a figure of damages which is higher than the Board should accept. He said the Board does not question this amount, and undoubtedly that is what it would cost, but from the Selectmen's point of view they would only be justified in settling this out of court for an amount of money that they feel is a fair representation of the dam- age to the property as sustained by the widening of East Street. Mr. Baskin replied that he cannot sell the property and at the present time it would not be satisfactory to him to live in .when only four or five feet from the street. The :Chairman asked if he meant he couldn't sell it from a business point of view and he replied in the affirma- tive. Mr. Baskin asked if he could manage to have the house moved for as little as possible would the Board be satisfied to pay the bill. The Chairman replied that it is not a question of what the Board would like to do, and it is the taxpayers' money that is being spent. He stated that if the Board and Mr. Baskin could agree on a price of what he might be awarded in court the Board would feel justified in settling. Mr. Baskin asked what that figure would be and the Chairman replied that he did not know but that it would not be $4,400.00. Mr. Baskin said that as he sees it the Board has nothing to offer and nothing to say. The Chairman explained that 188 the situation is not that way. He stated that the Board has not agreed on any offer that could be made but the Board willconsider it and have an offer for him within two weeks from today. Mr. Baskin stated that he can't sell the pro- perty and he is going to move it any way. He would like to start moving it as soon as possible. The Chairman stated that the Board has discussed this for only a few minutes before Mr. Baskin arrived but it has not been discussed to a conclusion. He said the Board feels sure it cannot recommend settling it on a basis of $4,400. He said if Mr. Ba.k in desires the Board will look it over and make him a concrete offer within a couple of weeks. He further stated that the Selectmen are trying to visualize the proper procedure representing the town as a whole and the Selectmen think they would be justifiably criticized if the amount of $4,000 was paid because they do not believe that the townspeople would feel that the house was damaged to this extent. He explained that if Mr. Baskin does not agree with the priOe the Board determines he can then take it to court andit will by just ardifference of opinion. Mr. Hoyt asked if the distance that the house is to be moved determined the cost. Mr. Baskin replied in the negatige, and said he agrees with the Board that the price seems more than it is worth. Mr. Baskin said that the next item for discussion is •Grant Street. He has received a bill but does not know where the lots are on Grant Street. He asked if the Assess- Board went down to Grant Street and if they thought the went price was a fair one. The Chairman replied that the Board went down several times. Mr. Baskin said he would like to have all better- ments On his properties postponed and he will pay the tnterest,: The Chairman said it has been done but usually where the land is not built upon or where the water or sewer main is notgoing to be used. Mr. Baskin explained that he has sold some of his property subject to better- ments and he would rather that the betterments be passed on to -.the purchaser. The Chairman explained from the Board's point of view they would rather not defer the betterments. However, he asked Mr. Baskin to subOl t his request in writing. Mr. Baskin retired at 8:35 P. M. The Chairman asked if the Board wished to take any actioh on the subject of East Street. The figure of $1,500 was mentioned but it was decided to defer any definite decision until next meeting. Mr. DeFoe met with the Board at 8:45 F. M. A 189 letter was received from Mr. ralladino with reference to his Lot #3 on Massachusetts Avenue, Lots #1 and #2 Mass- achusetts Avenue and Lot #'7 Bow Street which he has pur- chased from the town. He stated that if the town will supply the pipe between lots 1 and 2 he will put it in at his own expense. He will also fill in around it with fine sand which will clear the drainage problem. He will also give the town a right to enter into his lot #43 and he will raise the catch basins if necessary when he begins to build. Mr. DeFoe said that he would not let Mr. Palladino lay the pipe because the town is responsible for it. It must be put in at grade and he estimated the cost to be Tax about #300. Mr. DeFoe explained that there are two catch Title basins on Mr. Palladino's property. Mr. Nickerson sug- gested that Mr. DeFoe submit in writing to the Board an outline of what he intends to do if the sale of these three pieces of tax title property is effected. The Board will then write to Mr. Palladino a letter of trans- mittal embodying this and if Mr. Palladino is willing to accept the offer, all right, and if not, the sale of the lots will be cancelled. Mr. DeFoe reported that last week the Board instruc- ted him to contact the Town Counsel relative to the pro- posed drainage for lot 77 Marrett Road, adjacent to Mr. Scott's property at 468 Marrett Road. The Town Counsel thinks it would be unwise to attempt to obtain an ease- ment to go on tb the property adjacent to the propetty owned by the Town. If the Town makes an entry through an easement the town will be responsible for the drain which connects with the State cttivert. The Chairman asked if Mr. DeFoe wanted it put in the records that the Town Counsel thinks it would be legally unwise to do any work on the property adjoining the town lots. Mr. DeFoe replied in the affirmative and further steted that he agrees with Mr. Lynch. The Chairman asked if Mr. DeFoe knew whether or not Mr. Lynch thought the town ahodld do any- thing about the ditch on the town land. Mr. DeFoe replied that Mr. Lynch feels the town has no responsibility. The Chairman asked if the town had any responsibility either to fence it off or cover it over. Mr. DeFoe replied that he merely discussed the drainage problem and had no conversation.*ith the Town Counsel about fencing the pro- perty. Thw Town Counsel does feel that the town has no responsibility in draining the water off. The Chairman asked if the members of the Board felt this to be a dangerous situation. The Board felt that it was a nuisance but not a danger. Mr. DeFoe requested approval of the proposed contract for sodding on Grant Street. He received the following quotations: 190 Bids P. J. Joyce " Gordon Slater Colonial Handiman $ 878.00 The sod to be furnished. 488.00 The town to furnish the sod. 1687.00 The sod to be furnished. 1336.00 The town to furnish the sod. 1000.00 He will not furnish the sod. Mr. DeFoe explained that if the town strips 3,900 feet of sod from the football field it will be necessary to bring in loam, seed it, and grow grass. He has discussed this with Mr. Garrity and it is his opinion that the contractor should furnish the sod.. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to authorize Mr. DeFoe to enter into a contract with P. J. Joyce fpr sodding on Grant Street at their quotation of $878., this figure to include the sod which is to be furnished by the contractor. Mr. DeFoe reported that he had inspected the cellar in Mrs. St. George's house at 76 Reed Street. There is a 3" pipe in the cellar and the floor is broken through at the floor wall. There apparently was no movement of water. Mr. DeFoe asked if she would dig a test hole outside. She had this done and took out a couple of lengths and there was nothing moving in it. He said that is is his understanding that when the town put in the drain St. George's pipe ran across the street. He now has the story that they ran their pipe out to the town drain to a joint that was left open. The town put some gravel around their pipe and around the joint to keep the dirt away. Mr. DeFoe said he believes the water is general ground water and it can't be the drain because the top of the drainpipe in the street is below the cellar floor. Mr. DeFoe said that he does not know who is respon- sible in this matter. Mrs. St. George has no right to connect with the town drain but she says that the town sanctioned it several years ago. Mr. DeFoe said that possibly the town could dig down to the drain pipe to find out whether or not it is plugged and if so clean it out. Mr. Nickerson said he would be in favor of trying to eliminate Mrs. St. George's problem if it can be done without too much expense. Mr. DeFoe reported that he had received further information with reference to a Toro and a Worthington mowing machine. He has been advised by Major Cronin of the State House, who is purchasing agent, that if he were buying one he would teke which ever is the lower price. He also conferred with Mr. Grimes at the Brook- line Country Club. They have one of each model. The City of Newton have both units and is of the opinion Osumi 1-11 1 191 that the operation is about equal. They prefer the Toro because of the fact thct the service department is nearer. Mr. Garrity conferred with the Springfield Park Department and they are well satisfied with the Toro machine. The Chairman asked if the town would have any guarantee and Mr. DeFoe replied in the negative. They can try the machine out for ten days and if it is not satisfactory, return it. There is no further guarantee. He explained that Mr. Garrity believes this is the unit Lexington should purchase inasmuch as it will have to be transported through t he town and with this unit the mowers will not be banging along the street. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to authorize the Supt. of rublic Works to purchase a Toro Dual Mowing machine with hydraulic blade lift at a net cost of 02,973.00 with a ten day trial period. Mr. DeFoe reported on the possibility of installing a traffic light on Bedford, Hill and Revere Streets, this light having been requested by residents in that area. He explained that he and the Chief of Justice have looked over the entire area. There are "STOP" signs on Revere Street and also on Hill Street. Both Mr. DeFoe and the Chief of Police are in accord that there is nothing further needed. He said if the Board of Selectmen felt that he should contact the State for advice on this they will request that a traffic count be made. The Chairman asked if the Board wished to have this matter investigated further. Mr. Nickerson said he would like to suggest that the mat- Traffic ter rest. The Chairman said he felt the Board would be Light in a better position in the event of some future action if the State were to step into this. Mr. Gay suggested having a speed trap on Bedford Street. Mr. Nickerson thought it might be better to put up more substantial signs rather than to go into a traffic light. Mr. DeFoe agreed to contact Mr. Crowley of the State Traffic Division and ask for an informal opinion. Mr. DeFoe estimated cost Liberty Avenue $0,000. This contingencies. Bruce and make Mr. DeFoe reported to the Board that the entire for the construction of Ledgelawn Avenue, , Hamilton Road and Braimore Terrace is figure includes 15% for engineering and Street Mr. DeFoe Agreed to contact Col. B. B. Accept. an appointment to discuss this with him. retired at 10:05 P. M. A letter was received from Morris M. Ginsler, 61 Park Drive, Boston, Offering 00.00 for lots 492 and 493 Balfour Street. The Chairman informed the Board that Mr. Potter had telephohed him relative to the offer. Two years ago the Selectmen sold this man Tax Lots 486-491 for $125. Inasmuch as Mr. Spencer is still Title 192 out of the office Mr. Potter invited Mr. Burns, the Town Engineer, to look at these two lots and was advised by Mr. Burns that there is a water main in the street. There is no hydrant or any evidence of water ever having been installed but on checking with the Engineering Dep- artment it was found that water was installed twenty-five years ago. Mr. Potter suggested that the Board might like to invite Mr. Ginzler in and explain that he received an excellent buy on the lots that he has already pur- chased and ask if he would be willing to pay more than what he has offered. The Clerk was instructed to make an appointment for Mr. Ginzler to meet with the Board. A letter was received from Mr. John J. Garrity, Supt. of Parks and Playgrounds to which was attached a contract for airplane spraying. Mr. Garrity stated in Airplane his letter that the contract is the same as has been Spraying signed for the past two rears and will cover the Centre Playground, East Lexington Playgrpund, Monroe Cemetery and Westview Cemetery. Mr. Nickersonmoved that the contract be approved providing it is the same as the one signed last year. Mr. Gay seconded the motion and it was so voted. Dump Cert. of Incorp. A letter was received from Frank L. Stevens reques- ting specific information relative to the town dump on Lincoln Street. The Chairman agreed to answer Mr. Stevens! inquiries: An application for a certificate of incorporation for Peter J. Norton, 2 Aerial Street, Lexington, was re- ceived from the Secretary of the Commonwealth. A sat- isfactory character reference was received from the Chief of Police. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted that the certificate by approved and signed. The Chairman read a letter from Mr. Garrity with reference to a petition received, signed by residents in the vicinity of Iineen's rond requesting that an area be made available to be used for a baseball diamond for the children in the neighborhood. Mr. Garrity is of the Play- opinion that this would be a good project. The Clerk grounds was instructed to invite Mr. Royal, one of the signers of the petition, to meet with the Board next Monday even- ing to discuss this in detail. The Chairman read a letter from the Recreation Com- mittee with reference to the Enclosed Field. The Rec- reation Committee would like to obtain a release from the Recreation Scott Heirs and Assigns with respect to their right in Comm. the deed of the gift of the enclosed field. The Board of Selectmen was unanimous in the opinion that the status of the field should remain as is and the CC, tammel 1 1+5401 1 193 Clerk was instructed to invite Mr. Gustin to meet with the Board next Monday night. A letter was received from Mrs. Lyle J. Morse, Chairman of the Women's Association of the Hancock Church, requesting permission to conduct a rummage sale at the Barnes Property on May 20th from 9:00 A. M. to 5:00 P. M. and on May 21st from 9:00 A. M. to 12:00 noon. Mr. Gay moved that the request be granted. Mr. Nickerson sec- Barnes onded the motion and it was so voted. Property The Board gave further consideration to Howard C. Tupper's offer of $200 for lots 31 to 34, inclusive, Block 3, Earle Street. A proposal to sell these lots was advertised in the May 5th issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of this advertisement. Mr. Driscoll moved that the offer be accepted and that the lots 31-34 inclusive, Block 3, Earle Street, be sold and conveyed to Hugh C. Tupper. Mr. Hoyt seconded the motion and it was so voted. The Chairman read a letter signed by Dr. Edward F. Bowman of the State Surgeon's Office, Dr. Winthrop W. Harrington and Dr. Harold J. Crumb, submitting a com- plete report on the application for retirement received from Officer James Lima. The medical panel certified that Officer Lima is physically incapacitated for further duty and that such incapacity is such as is likely to be permanent. The disability is such as beyond all reasonable doubt was caused by the accident or hazard undergone, on account of which such retirement is so claimed ana so recommended. Upon motion: o± Mr. Hoyt, seconded by Mr. Police Driscoll, it was voted to approve the retirement of James Retirement J. Lima under the provisions of Chapter 85E, Section 32 of the General Laws, said retirement to become effec- tive May 12, 1949. An application was received from the Veterans of Foreign Wars requesting permission for the use f Cary Memorial Hall on the evening of June llth from 7:uO P. M. to midnight for the installation of officers. Mr. Gay Use of ; moved that the use of the hall be granted ire of charge. hall 1Lr. hoyt seconded the motion and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses: Walter J. Rose Clarence E. MacPhee William Viano Countryside Assoc. 6 Tewksbury Street 14 Baker Avenue 1794 Mass. Ave. Lowell Street Public Carriage Sunday Sales Sunday Movies Sunday Golf Licenses 194 License Permit Sewer Orders Committees held over Building Violations The Chairman read a memorandum from the Clerk of the Board calling the Board's attention to the fact that there is a balance of only $20.00 in the Law Department's Special Fees Account. In the Town Coun- sel's explanation on his budget he stated that there were legal cases pending on the requests for tax abatements and there were cases filed in 1948 which would probably not be reached until 1949. The budget was submitted in the amount of $2,000 but approved in the amount of $1,3000. Mr. Hoyt presented the Chairman with a letter given to him by the Town Accountant together with bills which had been pEid from this account. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to request Transfer the Appropriation Committee to transfer the sum of $700 from the Reserve Fund to the Law Department - Special Fees Account. Owall 1 Mr. Gay reported to the Board that a Pony Boy cart is operating throughout the town on Sundays selling ice cream. No Sunday license has ever been granted. The Clerk was instructed to bring this to the attention of the Chief of Prlice. Permission was requested by the V. F. W. to conduct a poppy drive on Friday, May 27th and Saturday, May 28th. Mr. Boyt moved that the request be granted. Mr. Dris- coll seconded the motion and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following sewer order: Bow Street, Albemarle Avenue, Rawson Avenue, Rawson Avenue, Rindge Avenue, Colony Road, and Burlington Street. (A copy of the orders maybe found in the Selectmen's File "Sewer Roders, 1949. The appointment of a committee for Town Manager and a committee for the 1950 Celebration was held over. Mr. Gay informed the Board that Mr. J. Henry Duffy had called him and is disturbed about two things. One is the fact that a power line has been installed on the Higgins property on Maple Street which would indicate that possibly they intend to carry on some type of business. The other is the fact thtt the Tyler property on Maple Street is apparently for sale and is published as receiving a good income. This would also indicate that a business is being carried on. The Clerk was instructed to refer both these matters to the Building Inspector. The meeting adjourned at 11:35 P;: M. ectmen