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HomeMy WebLinkAbout1948-08-30494 Mr. Lynch re; enclosed field School Committee and Rec. Committee re; enc. Field SELECTMEN'S MEETING August 30, 1948 Zwa 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, August 30, 1948, at 7;30 p.m. There were present; Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. Mr. Lynch, Town Counsel, met with the Board for the purpose of discussing the enclosed athletic field at the Center Playground. He gave the Board his general idea of the use of the on charging for the use of the enclosed field. Mr. Lynch said that for other than the School Committee to charge admissions to the enclosed field would be illegal and might result in the reversion of the property to the Scott Heirs on an action of tort. He said that the fees collected by the school must be turned over to the town treasury and that the Board of Selectmen has no right to charge any group for the use of the field. The Chairman asked if the entire enclosed field is located on the original Scott property and Mr. Lynch replied in the affirmative. The following members of the School Committee and the Recreation Committee met with the Board: - Messrs. Wadsworth, Samborski, Ames and Mrs. Morey; Messrs. Gustin, Hannah, Packard and Foley, Mr. Garrity and Mr. Manfred Warren were also present. Mr. Gustin said that his committee would like to straighten out the jurisdiction and policy of the enclosed field. He said that he understands admission can be charged only if it under the direction of the Board of Selectmen and all funds are turned in to the town treasury. The Chairman explained that the Board has been discussing this subject with the Town Counsel but has not arrived at any decision. The Chairman ina formed the group that the Town Counsel has inves- tigated thoroughly and as far as can be determined at the present moment the case is as Mr. Gustin has stated. Mr. Gustin said that Mr. Hannah would suggest discussing this with attorneys of other towns where enclosed fields are used. Mr. Hannah said that he thought it was true that many towns and cities hold field and also a different interpretation of the law and that they have been advised by lawyers who have had considerable experience in the field. He said that it may boil down as to whether or not the Selectmen would be willing to run whatever risk is involved to follow the policy considered when the enclosed field was built. The Chairman said that Mr. Garrity sutcgested many years ago that a certain percentage of the gate be charged to who- ever used the field. A fund could be set up and an appropriation made at the annual town meeting for maintaining the field. However, the Board now finds that this can not be done. Mr. Hannah said that the procedure has been followed, as is desired to be followed here, in the City of Waltham. He has discussed it with the city solicitor who does not construe the statute as carefully as does Mr. Lynch. He explained that the same thing is being done with the knowledge and advice of the solicitor in the City of Newton. They have been successful in avoiding any trouble. The Chairman explained that the average citizen in those places is not as close to his government as they are in a small town and the activities of the local Boards are not so closely followed. The Chairman inquired about the pro- cedure used in Concord but Mr. Hannah said he had no knowledge of what is done in Concord. The Chairman said that this problem would not be solved this evening and he wondered if it would be agreeable to those present to have Mr. Hannah and Mr. Lynch act as a committee of two and to check some other towns and report to the Board on September 13th. Mr. Lynch said that he would like some definite idea as to the definite pro- gram that the Recreation Committee wants to adopt. He said that he is very much in sympathy with the Recreation Committee and thinks in terms of the work done by Mr. Gustin, and he would like very much to do something to help them if it is at all possible. Mr. Gustin said that they would like to be able to have the High School athletes gain revenue in order to expand their program. The Chairman explained that there is no question about the use of the field for the high school and their charging admission. He stated that Mr. 495 496 Lynch sees nothing wrong with that at all. br. Gustin said that his committee feels there should be a policy adaptable to all users of the enclosed field and that the high school should not have any advantage over other organizations of the town. He said that the committee feels that it is not fair to have one .jurisdiction for one and another jurisdiction for another. Mr. Gay asked if any one had heard any comments from the citizens through out the town regarding charging admission to the enclosed field. Mr. Samborski said that he thinks they all expect to pay. Mrs. Morey asked if the Recreation Committee would schedule the use of the field or if this would be by the Board of Selectmen. The Chairman replied that he assumed it would go through the Recreation Committee. Mr. Samborsli asked if the high school team can charge admission and Mr. Lynch replied'in'the affirmative. He explained that the statute provides that any department can do it and it specifically refers to the School Department. He explained that there is no problem as far as the School Committee is concerned. Mr. Hannah made the remark that the money, however, must go into the town treasury and Mr. Lynch said that is correct. Mr. Samborski said that if the school plays their game and charges admission, they still have no revenue because the money must be turned in to the town treasury. The Chairman explained that that is the law but Mr. Lynch has pointed out that most of the communities do not follow it. Mr. Lynch said that he is not going to cause any trouble - any trouble would come from the outside - because he is entirely in sympathy with the Recreation Committee. The Chair- man said that the Board appreciates the position of the Town Counsel and they know that he will give his opinion as he sees it legally. The Chairman said that as he understands it the Recreation Committee would like to be able to charge something for the use of the enclosed field but would like to have some general policy that would apply not only to the School Department but to any group that would use the field. Mr. Gustin replied that the Chairmants understanding was correct. The group retired at 8:35 p.m. 1 497 Mr. DeFoe met with the Board. A request for an abatement for water betterment assessments . received from Paul F. and Gladys E. Folsom was held over from last week. ir. DeFoe presented a sketch showing the proposed Route 128 and the Polsom land. He explained that no takings had been made and this survey of the proposed route is subject to change. He further stated that the Folsoms do not want a deferment but rather an abatement. The Chairman said that the entire area, or practically the entire area, will be in the temporary design of Route 128. He stated that the extension of the main is of distinct value to the Folsoms because they now have a water service. He explained that the Board could either defer this until the land is sold or they can charge betterments on it and then it is up to the people to settle with the State. Mr. Emery said that Route 128 may not be put Folsom in for 50 years or the location may be changed. The better - Chairman inquired as to the total assessment and Mr. ment DeFoe informed the Board that the assessment on request Grove Street is $250 and the assessment on Robinson for Road is $830. The Chairman explained that the main abatement in Robinson Road is of no particular value as far as the Folsoms are concerned but Grove Street is definitely of value. Upon the motion of Mr. Emery, seconded by Mr. Nickerson, it was voted not to approve any abatement of the Grove Street water betterment assessment levied against Paul C. and Gladys E. Folsom inasmuch as the Folsoms are using the water which has been provided and are obtaining a definite benefit. Upon motion of Mr. Finery, seconded by Mr. Gay, it was voted to authorize deferment of the Rob- inson Road assessment of 4250 feet within the limits determined by the Department of Public Works until the land in question, or any part of it, is sold by the Folsoms; the land or any part of it is built .upon; or until the Folsoms avail themselves of the improved water facilities, which ever occurs first. Mr. DeFoe presented each member of the Board with a typed analysis of the Road Machinery Account and also an analysis of the Road Machinery Capital Transfer for Outlay Account. The Chairman explained that the Road Mchy. Road Machinery operating account,is running low Account and Mr. DeFoe will need a transfer at the Special 498. Authorize purchase of body for water service truck BIDS Contract Awarded Street light Survey of Grove St. Town Meeting. He reminded the Board that Mr. DeFoe brought up last week the question of spend- ing approximately $750 for a special body to be put on one of the 3/4 ton pick-up trucks to be used as a special service truck for the Water Department. He explained that the question arose as to whether or not these were joint accounts and the saving in Capital Outlay could offset same of the deficit in the Operating Account. However, they are two separate articles and no transfer can be made from one account to the other. The Chairman said that he very definitely thought that the town should have a good water service truck and it is something that has been needed for many years. Upon the -motion of Mr. Emery, seconded by:Mr. Driscoll, it was voted to authorize the Supt. of Public Works to purchase a special body from the James Kiley Company of Somerville to be mounted on the Water Department service truck; the cost of the unit to be charged to the Road Machinery, Capital Outlay Account and added to the base cost of one of the new 3/4 ton trucks. The follow, ng bids were received for the con- struction of a new granolithic sidwalk on Massachu- setts Avenue and for the widening of Massachusetts Avenue; Bayer & Mingella Construction Widening Mass. Ave. Sidewalks George Brox., Inc. Widening. Mass. Ave. Sidewalks Company 34,941.50 2,100.00 4,385.00 1,750.00 Upon motion of Mr: Driscoll, seconded by Mr. Gay, it was voted to award the contract for widening Massachusetts Avenue to George Brox, Inc. at the quotation of $4,385.00. Itwas further voted to' award the contract for the new granolithic side- walk on Massachusetts Avenue to George Brox, Inc. - at the quoted price of $1,750; this amount to be charged to the Highway Maintenance Account. The Chairman read a letter from N. L.' Anastasy requesting the installation of a street light at 187 Grove Street. Mr. Emery moved that the Supt. of Public Works contact a representative of the Boston Edison Company and have a complete survey made of Zy- 1 • street lighting in Grove Street. Mr. Driscoll seconded the motion, and it was so voted. Mr. DeFoe retired at 9:35 p.m. The Chairman read a letter from Congresswoman Edith Nourse Rogers to which was attached a letter from Mrs. Endres, 15 Williams Street, requesting an adjustment on her taxes. The Clerk was instructed to acknowledge the letter and advise Mrs. Rogers that it has been referred to the Board of Assessors who have complete jurisdiction. Mr. Lynch and the Recreation Committee returned to the meeting. Mr. Gustin informed the Board that the Recreation Committee has granted the Lexington High School permission to conduct a,. football game on Se ember 18th. Mr. Gustin said that at the lasown meeting there was $500 appropriated in the Se ectmen's Account to be allocated for use by the Recreation Committee. He explained that Miss Wilson Of the Park Department is acting as secretary for the Committee, and the Committee feels that she should by paid 03.00 a meeting. The Chairman suggested that the clerk be paid at the same rate as the clerk of the Board of Appeals, that is $2.00 per meeting. The Recreation Committee retired at 9:50 p.m. 499 Letter from Mrs. Rogers Re: assessment Salary for Clerk of Rec. Comm. The Chairman read a letter from Mr. Lindstrom, Plumbing Inspector, regarding the so-called Kelsey Violation Ranch. He stated that the property is owned byof Martin Swenson who has leased it to Thomas Morrison. Zoning Law Horses are being brought to this location for auction and Mr. Martin has advertised an auction to be held September first not realizing that he was violating any town ordinances. Mr. Lynch explained that the auctioning of horses does not come within the class- ification of the Zoning Laws unless it is a non -con- forming use, and can be stopped by getting an in- junction. However, there is no court session in Cambridge and papers will have to be filed in Cambridge and then transferred to Boston. The lhairman asked if the importation of horses for sale constitutes a business, violating the zoning law. Mr. Emery moved that a letter be written to the Town Counsel bringing this matter to his attention. Mr. Driscoll seconded the motion, and it was so voted. The following betterment assessments for. Pine Knoll Road were ,signed by the Board: 500 Betterments - Pine Knoll Road September 7, 1948 STREET BETTERMENT ASSESSMENTS PINE KNOLL ROAD No. Name and Address Lot No. Assessments 641. W. John Baskin 45 Adams Street W $ 3,076.86 642. W. John Baskin X1 564.65 643. Donald L. & Genevra M. Guernsey 9 Pine Knoll Road X2 784.10 644. Carrie E. & Harold E. Duncan 195 MainStreet Winthrop, Mass. A 320.04 645. Eugene B. Hamilton, Trustee 1 Braemore Terrace B 320.04 646. Joseph B. & Dorothea E. Grinnell 129 Spring Street C 320.04 647. Joseph B. &'Dorothea E. Grinnell D 320.04 648. Kenneth G. & Dorothy H. Colby 19 Pine Knoll Road E 320.04 649. James F. & Kathryn Colgan 12 Woods Ave., Somerville, Mass. F 320.04 650. James F. & Kathryn Colgan G pt H. 480.06 651. John E. & Margaret V. Rowan 26 Pine Knoll Road I pt H. 480.06 652. Albertine p. Fardy 30 Pine Knoll Road J 554.74 Total $7,860.61 The meeting adjourned at 10:10 p.m. A true record, Attest: 1