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HomeMy WebLinkAbout1948-06-14415 SELECTMEN'S MEETING June 14, 1948 k regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, June 14, 1948. There were present, Messrs. Emery, Gay, Driscoll and Nickerson. Mr. Gay served as Chairman. At 7:30 p.m. Mr. John W. Baskin met with the Board regarding the betterment assessment on Pine Knoll Road. Mr. Baskin explained that he cannot have a hearing before the Board of Appeals without going to the Building Inspector, drawing up a plot plan and a house plan on individual lots and he has no intention of following this procedure. Mr. Nicker- son explained that if Mr. Baskin decides to make six lots with the required frontage he would just have to Baskin trust that he would be treated fairly. Mr. Baskin said that he understood that Mr. Paxton would be re. favorable to 100' frontage on the lots. Mr. Emery pine said he did not believe the Board of Selectmen had Knoll any control over them. Mr. Baskin said it did not Road seem sensible to him to have to meet with the Board of Appeals and he thought there must be some other way to handle this. Mr'. Baskin said he has to have house plans and he does not intend to build any houses. Mr. Gay said that Mr. Baskin could change the number of lots and thereby have'the correct area. Mr. Baskin said that he would do that. Mr. Emery explained that how much Mr. Baskin pays is determined by lots. Mr. Baskin said it may be determined in the end if he takes it to Court. Mr. Emery asked if he retained the land and divided it into lots that would conform, would he care to give the Board any idea what he would consider a fair settlement. Mr. Baskin replied that he couldn't give as much on a large lot as he could on a small one. Mr. Emery said that Mr. Baskin must have some figure in mind but if he intended to take this to court it might be better if he did not mention it. Mr. Baskin said that he didn't mind and that he could not pay over $1,500 for six. lots. If the parcel of land is divided into nine or ten lots he could probably give $300 more. Mr. Emery asked if his idea was $200 a lot and Mr. Baskin replied in the affirmative. 416 Renew Insurance To settle claim Mr. Nickerson said that if he wanted to use a lot that does not conform he must have a definite proposition and show a formal plan. Mr. Baskin said that he does not intend to build but he intends to sell these lots. He said that before the street was constructed he had the land sold for $3,000.00. When the Warrant came out with an article about Pine Knoll Road the prospective buyer cancelled. Mr. Baskin asked if he had to have a Board of Appeals hearing. Mr. Finery said he did if he was going to make more than six lots. Mr. Gay said that if he has six lots that conform it will relieve him of his difficulty. Mr. Baskin said that he did not particularly care how many lots there were. It was decided to defer any action on this subject until the Chairman of the Board arrived. Mr. Baskin retired at 7:57 p.m. and Mr. DeFoe met with the Board. He explained that there are no insurance policies expiring in July of this year other than the Firemen's Fund Insurance fire and theft policy on equipment. Mr. Emery moved that the policy #409836 be renewed through the office of Robert C. Merriam. Mr. Driscoll seconded the motion, and it was so voted. Mr. DeFoe read a letter from the Town Counsel recommending that the Town settle the claim submitted by Mrs. Lutniciki, 65 Gleason Road, in the amount of $35.. Mr. Nickerson moved that the claim be settled provided a proper release is obtained. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from Mr. Cataldo, 59 Bow Street, relative to the sewer service which was recently installed. Mr. Cataldo claims that the installation of the sewer will be of no benefit to him and, therefore, he does not understand why he is assessed. Mr. DeFoe stated that the Cataldo prop- erty is farm land and it is down (on the average of between three or four feet) from the surface of the road. If a house is built it could be serviced. Mr. DeFoe said that this particular individual has not yet been billed and he would like to wait to find out what Mr. Cataldo is going to do on the taking of the sewer which is going through his land. He said that he has discussed this with Mr. Cataldo 417 two or three times and tried to make him see that if he gives the Town the easement and wanted to farm he would have the right to use the land. If the Town takes it by eminent domain he cannot use it. He Cataldo explained that Mr. Lynch had the necessary papers to take the property by eminent domain and at the easement last minute Mr. Cataldo wanted to know how much the Town would pay him for it. Mr. DeFoe said that the land is of such little value he doesntt think the Town should pay very much. Mr. Emery asked if the land is now being farmed and Mr. DeFoe replied that it is his understanding that it is not. Mr. Gay asked if the land to be taken is usable and Mr. DeFoe replied that he has not walked it but he does not believe it "is. He said he would like to hold this over for a while and try to come to some settlement on the land taking. A letter was received from Custom Built.a mes Cgstom requesting an extension of time for one year beyond the completion date of July 10, 1948, to complete the Built Homes road and utility work on the Spring Street develop- ment. Mr. Driscoll moved that the communication be request referred to the Board of Survey inasmuch as the Select- ref erred' men no longer act in this capacity. Mr. Finery seconded to Bd. the motion, and it was so voted. of Mr. DeFoe retired at 8:25 p.m. Survey Mr. Garrity, Supt. of Parks and playgrounds, and the following members of the newly appointed Recreation Committee met with the Board: Messrs. Ames, Gustin, Foley, and Hannah. Mr. Gay asked if the Committee had organized and Mr. Hannah replied in the affirmative stating that Mr. Gustin had been elected Chairman. Mr. Gustin said that his Committee is still waiting upon the Board of Selectmen'to find out whether or not the Board wants them to entertain the scope as submitted in their report. Mr. Gay said that the Committee has been appointed and he thinks it is up to them to work with Mr. Garrity and co-ordinate their plans. Mr. Garrity said he would like them to take over the issuance of permits for uses of the fields and also the responsibilities of the activities at the pool and playgrounds. He said this would give the committee a good insight as to what is going on. He said that he thought it would be a step in the right direction if they took over the enclosed field and also took charge of the Supervisor who has been hired. Mr. Gustin said he presumed it was Mr. Garrity's idea to 418 go along as4outlined in the regular committee report. Mr. Garriti stated that he has a summer program but no one to carry it out. He said he thought the Committee should start fresh with the enclosed field and he does not believe it should be opened except under their supervision. They should determine whether or not there will be a charge made for the use of the enclosed field. Mr. Garrity" said that the Recreation committee will receive the full co- operation of the Park Department and the Department will work with them 100% and do whatever they want in so far as the budget permits. Mr. Gustin said he thought the enclosed field was a policy prop oaktiora. He said up to this time people had looked to the Board of Selectmen and it is up to the Board to delegate the authority necessary to manage it. Mr. Hannah said that from the vote of the town the committee has been appointed but has no powers unless so given by the Board of Selectmen. Mr. Every moved that the Recreation Committee as of June 15th or as soon as possible thereafter, take full responsibility for all recreation programs in the town and the supervision of all recreational facilities in the town that are now under the jurisdiction of the Park Department. Mr. Driscoll seconded the motion, and it was so voted. Mr. Garrity said if the Board has not already been approached it undoubtedly will be for the use of the enclosed field on June 23d for -a night baseball game. He explained that there is sufficient work for five men for four days if the game is played on the field. He said, personally, he does not believe they will play a night game on the 23d. The ground is too soft for a generator truck and there are no bleachers. He explained that there would have to be a pitcher's mound, catcher's mound, and cut-outs on the base line. The outfield would be all right if it is not toowwet. Mr. Emery said that there are legal questionsto be settled and the matter of policy on fees. He suggested appointing Mr. Hannah as the Committee's attorney to confer with Mr. Lynch. The Board of Selectmen, in the meanwhile, will discuss the policy on fees. Mr. Gustin said he thought it would be better to keep the enclosed field enclosed until they have time to give this more thought. 1 419 There was no objection to Mr. Emery's Recreation suggestion. The group retired at 9110 p.m. Committee Mr. Paxton, the Chairman, arrived at the meeting. The Chairman said that he had met Mr. Baskin who has several problems, the first one - Pine Knoll Road. The Chairman explained that Mr. Locke said the Board of Appeals might be sympathetic to 100+ lots. In order to have a hearing Baskin will have to submit a plan for a building permit for each lot. He does not intend to ao this. If the Board of Appeals cannot act on the entire parcel he will divide them into 12,500 square foot lots. He will then have 147' frontages. This means he will hate less lots, and therefore, should Baskin have a proportionately less betterment assessment. The second problem he mentioned was drainage Baskin on Franklin Road. The Chairman explained that there are two catch basins whichJdrain across the street and empty into the lower land. Baskin now wants to -build and he feels that the drainage should be taken care of. The Chairman said that he told Mr. Baskin it was not possible to do anything now, but it might be possible to obtain an appropriation if there is a town meeting in the fall. The Chairman said that this may look like a simple problem but in reality it is a complicated one and the town may not want to appropriate the money this fall. Mr. Baskin also brought up the question of a water Water main in this area. No one knows there the main is Main and Mr. Baskin says that when he goes into the area with a shovel he is liable to break the main. . The next problem was the drainage of Williams Road. The Chairman pointed out that the difficulty was because of drains constructed by the original developer in 1932. A good percentage of the problem is Mr. Baskin's. A portion of Williams Road could be drained toward Bedford Street and some of it could be drained into the open channel brook. It - will necessitate a minimum 12" main. The Chairman said that the Town of Lexington might be willing to go along and pay for the additional cost over and above a 12" main but there is not money for it this ye4r• 420 The fourth problem is the Fiske house on East Street and the new line goes within four feet of the Fiske property. Baskin said the house would have to be moved back and that some agreeable arrangement could be made in conjunction with the other problems. The Chairman explained that the construction of East Street is a long way off as far as the town is concerned and by putting off moving the house Baskin may save some money. The Chairman said that it appears to him that Pine Knoll Road is causing Baskin the most bother. Mr. Nickerson explained to the Chairman that Mr. Baskin has off erred to pay $1,500 if he divides the parcel into six lots and will pay 300 more if they are divided into ten lots. The Chairman said that he thought Mr. DeFoe should prepare a state- ment showing the total cost of construction of the street and include the following: (1) The items pertaining to street foundation, excavation and pavement. (2) Cost of the items of drainage. (3) Frontage that will not be assess .ble. The Chairman said that the Board might then be able to determine a fair betterment assessment based on the frontage. He said that the Board would have to decide whether or not a policy is to -be followed for every one or merely for Baskin. Mr. Joseph Mara met with the Board,at 9;25 p.m. relative to his public carriage license. Mr. Mara formerly operated as the Reliable Cab Co. but has now incorporated and is doing business as the Reliable Cab Co., Inc., and he has requested a transfer of his license. The Chairman said that he informed the Board that Mr. Mara had told him when he wanted to know how the Board would feel about transferring the license. He explained that the Board knew at that time that Mr. Mara anti- cipated selling a share of the business. The Chairman explained that since that time telephone calls have been received at the Selectmen's Office pertaining to this business and the Board would like to know a little more about the individual who intends to buy Mr. Mara'a ]share. Mr. Razzuto, .A L 42 the prospective purchaser, lives in Medford and Mara re: works at Viano Motors. Mr. Mara said that he has change been there for three years and intends to build of lic- e home in Lexington. Mr. Driscoll asked how many cabs ense were involved and Mr. Mara replied that he has two Reliable 1947 Plymouths. Mr. Gay asked if he intended to Cab increase the number of cabs And he replied in the Company negative. The Chairman said that the Board must act on the request of Joseph Mara doing business as the Reliable Cab Company to transfer his license to the Reliable Cab Company, Inc. The Chairman said that he would take the request under consideration and have a reply for Mr. Mara by the end of the week. Mr. Mara retired at P:3O p.m. Mr. Driscoll moved that the request be approved subject to the Satisfactory character reference on Razzuto from the Chief of Police. Mr. finery seconded the motion and it was so voted. A letter was received from the State Department of Public Works advising the -Board that the Commissioners voted to allot the sum of $1,000 for Chapter 90 Main- tenance in the Town of Lexington on condition that $2,000 shall be contributed by the Town and that the County will also contribute $1,000. The Chairman read a letter from -Mr. Daniel Lynch with reference to Doctor Foley's claim for damages which he alleged to have sustained at the Lincoln Street dump. Mr. Lynch stated that inasmuch as the Town dump is operated as a non-profitmunicipal service it is his opinion that the Town is not legally responsible for injuries sustained. Mr. Emery moved that Doctor Foley be so advised. Mr. .Driscoll seconded the motion, and it was so voted. The Chairman read a,letter from John D. Barry, 22 Bow Street, requesting some consideration for the bill submitted in the amount of $10 for trans- porting his son, a veteran to the Veteran's. Hospital. Mr. Gay moved that the charge be ahated. Mr. Nickerson seconded the motion, and it was so voted. A letter was received from Mr. Walker, Secretary of the Board of Retirement, stating that Miss Ready's term as a member of the Board would expire on .July first. General Laws require that the Retirement Board shall direct an election of a member of the system to serve for a period of three years. Mr. Walker stated that he would be pleased to take care of any of the details. Legal Opinion re: Claim of Dr. Foley Abate - went of ambulance bill Retirement Board Meeting 422 Mr. Pinery moved that Mr. Walker be instruotedsto Retirement make whatever arrangements are'necessary for an Board election of an employee to serve as a member on Meeting the Retirement Board. Mr. Driscoll seconded the motion, and it was so voted. The Chairman read a letter from Mrs. Joseph A. Rummage Blume, President of the Lexington Round Table Club, Sale requesting permission to conduct a rummage sale on, September llth at the Barnes property. Mr. Gay moved that the use of the Barnes property be grant- ed and that Mrs. Blume be advised that it will be necessary for her to obtain a permit from the Board. of Health to conduct a rommAge sale. An application was received from Rev. Crawford Use:of Smith on behalf of the Briggs Class for permission Hall to conduct an entertainment in Cary Hall on Friday evening, November 5th, for the purpose of raising funds for the church. Mr. Emery moved that the use of the hall be granted subject to a charge of *35. Mr. Gay seconded the motion, and' it was so voted. On motion of Mr. Emery, seconded by Mr. Driscoll, Licenses it was voted to grant the following licenses: Walter J. Rose 6 Tewksbury Street William Viano 1794 Mass. Avenue Countryside Assoc. Lowell Street Sign deeds Public Carriage (ren) Sunday Movies Sunday Golf Mr. Driscoll moved that the deed prepared by the Town Counsel conveying Lots 485 and 486 Ames Avenue to Thomas Walsh be signed and recorded. Mr. Gay seconded the notion, and it was so voted. The Chairman read the names on the suggested list of jurors for 1948, a copy of which had been mailed to each member of the Board. The Clerk was instructed to remove the name of Bertram P. Gustin and the name of Harvey D. Winlock. Mr. Nickerson J'uror's moved that the corrected list be approved. Mr. Driscoll seconded the motion, and it was so voted. Appoint Special police for M. I. T. Bldg. The Chief of Police received a letter from M. I. T. requesting the appointment of seven individuals as special police officers. These men are to be employed as guards at the M. I. T. field station on Wood Street. The Clerk informed the Board that the 423 aliefhad 1 estiatedtheseemploees and found em to a of good- character and reputation. mr. Appoint Driscoll moved that these individuals be appoint Special ed as special police officers in the Town of Lex- police for ington for a term expiring March 31, 1949. Mr. Emery M.I.T. seconded the motion, and it was so voted. Bldg. Uponmotion of Mr. Finery, seconded by Mr. Gay, Water it was voted to sign Bowman Street water order. Order (See Selectmen's File) The Clerk informed the Board that inquiries had been mdde as to whether or not the Town Offices would close on Thursday, June 17th. The Chairman stated that it has been the custom to close. Mr. Nickerson moved that the Town Office Building be closed all day - Thursday, June 17th. Mr. Driscoll seconded the motion, and it vas so voted. A report was received from the 19th of April Committee together with a list of approved bills. Mr. Emery moved that the report be accepted and the bills put through for payment. Mr. Gay seconded the motion and it was so voted. Further consideration was given to Mr. Joseph E. Belcher's request to exchange Lot #6 on Hill and Cedar Streets to Lot #5 which has been recently surrendered, by Donald Andrews. Mr. Emery moved that Mr. Belcher be given. permission to transfer from Lot #6 to Lot #5. Mr. Driscoll seconded the motion, and it was so voted. The Clerk was instructed to return Mr. Andrews' deposit of $100. It was decided to write to all veterans having drawn a lot on Hill and Cedar Streets and request them to ful- fill their obligations by having the plans and specifications ready on the specified date or a written statement from them not later than Monday, June 28th to the effect that they intend to relinquish their lots. The meeting adjourned at 10:30 p.m. Close Bldg. on Mune 17th 19th of April Committee Veterans Lot transferrer A true record,Attest: