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".
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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.