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HomeMy WebLinkAbout1948-09-08501 SELECTMEN'S MRFTING Sept. 8, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Tuesday evening, September 8, 1948, at 7:30 P.M. There were present: Messrs. Briery, Gay, Driscoll and Nickerson. The Clerk was also present and informed the Board that Mr. Paxton would not be present at the meeting until some time later in the evening. Mr. Emery acted as Chairman. At 7:30 P.M. Mr. James J. Carroll met with the Jurors Board for the drawing of two jurors: Frederick C. Hadley, Engineer, 4 Candlewick Close, was drawn to serve on Criminal Business. Donald C. Cameron , Insurance, 30 Carvel Avenue, was drawn to serve on Criminal Business. Mr. Carroll retired and a hearing was declared open upon the petition of Antonio Busa for permission to increase the capacity of an underground tank for the storage of gasoline from 1,500 to 2,000 gallons on the premises located at 46 Lowell Street. Notice of the hearing was read by Mr. Emery. No persons appeared in favor or in opposition. Upon motion of Mr. Gay ,seconded by Mr. Nickerson, it was voted to grant Mr. Busa's application. At 7:40 P.M. Lt. Ronald Winder, USNR, met with the Board. Mr. Emery read a letter from the Lieutenant informing the Board that the Navy Depart- ment is interested in setting up a composite voluntary reserve unit in Lexington. This unit will maintain a Navy communication center for the purpose of keep- ing Naval Reserve personnel abreast of the advancements made in electronics. The unit will be made up of Naval Reserve personnel who are interested in advancing in professional standing and in keeping in touch with the Naval affairs. The group will need a space of approximately 1,000 square feet to house radio trans- mitters, receivers and other equipment. They will also need a small lecture room for lectures on Naval mOiences. The Navy is prepared to pay a maximum of 502 25.00 a month plus power, light and heat. Mr. Emery asked Lt. Winder what he wished to add to the information submitted in the letter. The Lieutenant stated that there are a number of reserve officers in Lexington and a group interested in this program. Mr. Emery asked how soon the Lieutenant wanted space and he replied thatit is all very much in the future. Mr. Gay asked how ,long they would want to use any available space and the Lieutenant said it would be months and possibly years. He said whatever place they have must have security because they will have naval gear which will have to be housed in it. Mr. Nickerson suggested the possibility of using the facilities at Tufts Naval Station but Lieutenant Winder said that they would like to get into more outlying districts. Mr. Nickerson asked if they would prefer a first floor and Lieutenant Winder said that from an antenna standpoint it would be better to be on the second floor. He said that all the installation work would be done by trained Navy personnel. Mr. Emery asked how large a room would be required and the Lieutenant replied that they would like a room the size of the Selectmen's room. Mr. Gay asked how often they would meet and the Lieutenant said probably twice a month, and that they would like to move in about the middle of October. Mr. Emery explained that the Chairman would be present later on in the evening at which time the subject would be considered by the Board. Lieutenant Winder retired at 7:50 P.M. A hearing was declared open upon the petition of the Boston Edison Company and the New England Tel. & Tel. Co. for joint and identical locations for Pole the erection of a pole on Bowman Street. No persons Location appeared in favor or against the petition. The application was approved by the Town Engineer providing Mr. Kenneth R. Kelley had no objection. Notice of the hearing was mailed to Mr. Kelley on August 27th. Upon the motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to approve the petition for the location of one pole on Bowman Street at a distance approximately 580 feet northwest of the Arlington line. A letter was received from the Planning Board with reference to Mr. Ryder's offer of $100 for certain tax title property on Grandview Avenue. The Planning Board is of the opinion that the property should not be sold at the present time. They are 1 1 considering the possibilities of rescinding the existing lot and street plans in this area, in order that a new and approved lay -out may result. Upon the motion of Mr. Gay, seconded by Mr. Nickerson, it was voted not to dispose of this property at the present time and the Clerk was instructed to advise Mr. Ryder and to explain the reason for the Board's decision. 503 Refuse offer for tax title land At 8:00 P.M. bids were opened for the construction of a 12" water main in Maple Street and a 7" water main in Fern Street. Mr. DeFoe, Sup't. of Public Works, and sixteen other p-ersons were present. The bids were advertised in the Lexington Minute Man and also in the Water Boston Globe and NERBA. Bids were received as follows: bids Susi & DeSantis Maple R. Zoppo Maple Fern.S Frank DiCenso & Co. Rosa & Todisco Const. Co. Dingley Cont. Co. George Brox, Inc. Street & Fern Street Street treet Maple Street Fern Street Maple Street Fern Street Maple Street Fern Street Maple Street Fern Street 29,350. 10,350. 19,110. 6,767. 16,937.50 5,645.00 18,230. 6,460. 27,950. 10,700. $ 33,125.00 39,700.00 25,877.00 22,582.50 24,690.00 38,650.00 Mr. Emery explained to the group that the bids would be analyzed and awarded within ten days. He further stated that the certified checks will be returned in two or three days. The group, with the exception of Mr. DeFoe, retired at 8;25 P.M. Mr. Ralph Clark, Mr. Cox, Mrs. Hargrove and John Hargrove met with the Board. On April 4, 1948, Mr. Clark requested an estimate for the extension of a water main from Fairview Avenue to 2965 Massachusetts Avenue, a distance of approximately 700 feet. Mr. Clark was advised that the Supit. of Public Works had been instructed to have betterment assessment Request for a water main 504. Abate Assessment Rob't. Allen sheets prepared but that no guarantee could be made that the installation would be done in 1948. Mr. Emery explained that a number of requests have been received and must be considered in their turn. Mr. DeFoe presented a drawing of the area in which Mr. Clark wants the pipe and explained that the Town could run a 12" pipe up Massachusetts Avenue. He said the other alternative is to :run a 6" from Fair- view Avenue connecting with a 12". He explained that Massachusetts Avenue has been relocated and the status of the land abutting the location where the pipe would be laid is questionable and that is why the assessment sheets have never been sent out. He explained that the Town Counsel is endeavoring to determine the correct ownership of the abutting property. /Mr. DeFoe has explained that the pipe has never been ordered for this particular job and there is a possibility of having enough pipe left over but there are other installations which have priority. Mr. Emery explained to the group that the town operates on a budget which is made up prior to and approved by Town Meeting. Mr. Emery asked Mr. Clark if he would be willing to circulate betterment assessment sheets and Mr. Clark replied in the affirmative. Mr. Emery explained to the group that no money has been appropriated for this installation and it is possible that there will not be sufficient pipe: He asked the Supt. of Public Works to endeavor to obtain the necessary information so that the betterment assessment sheets may be sent out. The group retired at 8:50 P.M. Mr. Robert S. Allen's request for the abate- ment of a water betterment assessment in the amount of 358.16 was held over from the last meeting of the Board. Mr. DeFoe presented a sketch showing the Allen property at the corner of Ledgelawn Avenue and Bedford Street. He explained that the Allens were assessed on the Ledgelawn Avenue side and in his opinion receive no benefit from the installation on Bedford Street. Mr. Nickerson moved that the Supt. of Public Works be authorized to abate in full the water betterment assessment on Ledgelawn Avenue in the amount of '58.16, levied against_Robert S. Allen of 253 Bedford Street. Mr. Gay seconded the motion, and it was so voted. A petition was received signed by Mr. and Mrs. Russell and Mr. and Mrs. Norris requesting an estimate of the cost of extending the water main in Calvin Street from the present end to include Lots 171 and 172 which are numbered on Justin Street. Mr. DeFoe explained that these people did not sign the original petition for water and, therefore, the water was not extended to include their property. He said he thought it could be done because it consists of only 95 feet of 6" pipe. The Clerk was instructed to ack- nowledge the petition and to advise the individuals that the Sup't.. of Public Works will have the necessary betterment sheets prepared for signatures but there is no guarantee that the work will be done in 1948. Mr. DeFoe stated that in his opinion he thought bids for the North Branch Vine Brook should be opened on October 4th. It was decided to advertise and have the bids opened on October 4th, said bids to be valid for a period of not less than thirty days. 505 Calvin St. request for water extension To adver- tise bids North Branch Mr. DeFoe submitted an estimate cost of constr- uction of 6" water mains. The estimate showed an additional cost of 75/ per foot against the present $5.00 per foot charge. He recommended that a charge of $6.00 be made on all 6" water main installations. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to approve Mr. DeFoe's recommendation and establish a price of 6.00 per foot for the installation of 6" water mains, this figure to be quoted on all future requests for water main installations. Mr. DeFoe presented five copies of the contract for widening Massachusetts Avenue together with five Sign copies of the contract for the sidewalk in connection contracts with the widening. He explained that the contracts have been signed by Mr. Lynch with the understanding that the contractor will submit a satisfactory power of attorney in the morning. Mr. DeFoe stated that the contracts would not be given out mntil the correct information has been received. The Board agreed to sign the contracts subject to the information being received in the morning. Mr. Every read a letter from the Commonwealth of Massachusetts with reference to the wage rates for sewer construction, Contract D, in Lexington. The letter was given to Mr. DeFoe. Mr. DeFoe re- tired at 9:55 P.M. Letter re: Contract D 506 Mr. Emery read a letter from the Town Counsel stating that he has communicated with both Mr. Swenson and Mr. Morrison regarding the alleged violation of the Zoning Laws by their conducting horse auctions in a R1 residential zone. Mr. Lynch informed Mr. Swenson and Mr. Morrison that unless they notify him forthwith that the said violation would cease he would initiate proceedings in the Middlesex Superior Court for an injunction. A letter was received from Everett S. LaFrance informing the Board that Miss Eleanor C. Hood, who lives in a house adjacent to his property, and Zoning which he owns, is carrying on a business of teaching Violation music. He said that he believes that Miss Hood is conducting a business in violation of the Zoning Law. It was decided to invite Mr. LaFrance to meet with the Board personally to discuss this matter. A letter was received from Mr. and Mrs. Stucke, 31 Bedford Street, complaning about all day parking in this area. The Clerk was instructed to refer the complaint to Chief Rycroft with the request that Complaint he investigate the matter and submit a report to the Board together with any recommendation which he may have. Mr. Paxton arrived at the meeting at 10:10 P.M. Further consideration was given to the better- ment assessments to be levied against property owners for street construction in 1947. Pine Knoll Road and Brookside Avenue were considered separately. Joseph Road and Spencer Street were considered together. Sutherland Road, Cary Street, Taft Avenue, Betterment and Cherry Street were considered as a group. The Assessments Board determined the value of benefit or advantage and voted to assess upon each parcel with the exception of Mr. Thayer on Brookside Avenue, a proportionate share of the cost of such improvement. A copy of the betterments assessed against the property involved is filed in the 1948 Selectmen's File under "Betterment Assessments". 1 The Clerk was instructed to invite Mr. Farwell Thayer who owns property on Brookside Avenue to meet with the Board at the next meeting to discuss the better- ment assessment to be levied against him. The Chairman read a letter from the Lexington Cab Company, Inc. requesting that some provision be made whereby a space would be reserved in front of the First National Store for taxis. The Chairman informed the Board that he had discussed this with both the Chief of Police and the Sup't. of Public Works, Neither one of them are in favor of the proposition. Mr. Nickerson said he did not believe the taxis should be given preference over individual citizens. The Chairman said that if the curb were painted white the space might be considered as a loading and unload- ing platform. Mr. Gay was of the opinion that if this request were granted it might establish a precedent and other requests would be submitted. Mr. Emery moved that the Lexington Cab Company, Inc. be advised that the Board of Selectmen does not believe any such arrangement would be for the best interest of the town and therefore has been denied. Mr. Nickerson seconded the motion, and it was so voted. A letter was received from Attorney Francis Keefe with reference to the retirement of Sebastia Paladino. The Clerk was instructed to advise Mr. that inasmuch as this comes entirely within the jurisdiction of the Lexington Board of Retirement communication has been referred to that Board. 507 Deny request for taxi space Retirement Bd. no Commun- Keefe ication the A letter was received from Charles and Mary Connolly, 110 Bedford Street, stating that if there is a veteran's lot available they would like an opportunity to purchase it. Mr. Emery moved that the Clerk advise them that lots 1, 2, 7 and 9 are available and they may have their choicd. Mr. Gay seconded the motion, and it was so voted. A letter was received from the Town Counsel regard- ing the legality of the use of the same building for more than one precinct in the Town of Lexington for voting purposes. This opinion was rendered as the result of the fact that one member of the Board had been advised by Mr. Farroll that elections so held in Lexington are not legal. Mr. Lynch concluded his letter by stating that in his opinion the method of voting in the Town of Lexington, followed since 1929, need not and should not now be abandoned or in any way modified. Vet's Lots Voting Precincts 508 Cert. of Inc. held over Sign agree- ment Lex. Est. Trust Rummage Sale Parking at Central Block An application was received for, a Certificate of Incorporation from the Office of the Secretary of the Commonwealth signed by several individuals who do not reside in Lexington but who desire to establish and maintain a school at 114 Concord Turn- pike. The Clerk was instructed to ask the Planning Board for a report. A letter was received from the Town Counsel together with an agreement between the Town of Lex- ington and the Lexington Estates Trust in connection with the South and North Branch sewer. Mr. Emery moved that the agreement be signed and returned to the Town Counsel. Mr. Gay seconded the motion, and it was so voted. An application was received from Beta Sigma phi Sorority requesting permission to conduct a rummage sale at the Barnes Property on October 2d from 9:00 A.M. to 6:00 P.M. Mr. Gay moved that the application be approved and the permit granted. Mr. Nickerson seconded the motion, and it was so voted. The Chairman informed the Board that he had conferred with the Chief of Police relative to the parking in front of the Central Block. The Chief is of the opinion that the parking in this location should be parallel and he has thought so for some time. The Chairman stated that if the Board decides on parallel parking it should be definitely_under- stood that no change will be made for a reasonable period of time. Mr. Emery suggested that Messrs. Rudd and MacDonald be invited to meet with the Board to discuss this. The meeting adjourned at 11:55 P.M. A true record, Attest: ing 1 ler electmen.