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HomeMy WebLinkAbout1948-09-13509 SELECTMEN'S MFETING Sept. 13, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, Sept 13, 1948, at 7:30 P.M. There were present. Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. At 7:30 P.M. Mr. Sidney von Loesecke, attorney for Farwell Thayer, met with the Board. The Chairman explained that the Board had invited Mr. Thayer to attend the Selectmen's meeting to discuss the drainage easement through his property. He stated that Mr. Thayer gave the town an easement with the understanding that when the time came to determine the betterment assessments to the property the Board would take the easement into consideration. He explained that the total assessment against the property came to $ 2,200 but the Board recognized that this amount is out of the question Thayer and they want to find out from Mr. Thayer what he thought Better - would be a fair assessment. ment Mr. von Loesecke informed the Board that Mr. Thayer died and the land is now owned by his daughter, his sole heir, and that she lives in Maryland. He said that he did not know that he has any authority to commit the daughter but he could listen to whatever the Board has to say. He said that as he sees the situation only one house lot can be obtained out of the entire tract of land. The Chairman said that it might be possible to build a house on -the back section providing the sub -soil is satisfactory. Mr. von Loesecke retired at 7:40 P.M. The Board discussed the matter and he returned to the meeting. The Chairman explained that the assessment of r 2,200.00 is not the proportionate share of the total cost of the construction. He explained that a formula was used by the Board which was worked out by them for various streets in an effort to determine the betterment. The breakdown on Brookside Avenue was $ 4.40 per front foot. Assuming that the average lot is 100' long, that would make one lot $440. He said that the Board does not feel that it should be assessed upon the basis of even one lot and would like to make the total assessment $300. Mr. von Loesecke stated that he thought the offer was a fair proposition and he will write Mr. Thayer's daughter, who is now Mrs. Bertha L. von Loesecke, having married his brother, and will advise the Board when he hears from her. The Chairman explained that the total assessment does not have to be paid at one time and can be apportioned over a ten year period, plus interest. Mr. von Loesecke retired at 7:45 P.M. 510 Pole location Sig). Permit WCRB re- quest Army use of Barnes Property A petition was received from the Boston Edison Company for permission to remove one pole and set one pole on Lowell Street, a distance of approximately 743 feet from Haskell Street. The plan for the pro- posed re -location was approved by the Town Engineer. Mr. Emery moved that the petition be approved and the order signed. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from Mrs. Hunter Robin- son, 3 Wachusett Circle, requesting a "Children -Slow" sign to be located 100' over the brow of Prospect Hill Road in the direction of Wachusett Circle intersection. Mr. Emery moved that the Supt. of Public Works be instructed to place a sign in compliance with Mrs. Robinson's request. Mr. Driscoll seconded the motion, and it was so voted. The Chairman read a letter from the Lexington Drum and Bugle Corps requesting permission to fall in at the bank building and march to Cary Hall on the evening of the Legion Installation. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to approve the request provided the Chief of Police had no objection. The Clerk was instructed to advise the Corps that the Selectmen suggest that they form in Depot Square and that no music be played after the installation. The Chairman read a letter from Statin WCRB suggest- ing that an agenda of the Selectmen's itemse mailed to them on Friday evenings, and also the resul s of the Selectmen's meetings, the information to be used on a broadcast. No action was taken on the request. The Chairman read a letter from Major Douglas A. McKillop requesting permission to retain the office presently occupied by the U. S. Army and the U. S. Air Force Recruiting Service. Mr. Emery moved that Major McKillop be advised that the use of the Barnes property by the Army has been extended for a six months period with the understanding in the event the space is needed for any municipal functions before that date the Army will be requested to vacate within 30 days. Mr. Driscoll seconded the motion, and it was so voted. 1 1 At 8:00 P.M. Mr. Everett S. LaFrance met with the Board. The Chairman explained that the Board had read Mr. LaFrance's letter pertaining to Miss Eleanor C. Hood teaching piano lessons at 786 Concor ['urnpike. He explained that the Board of Selectmen haot checked the legality of it at all, and the reason b ing because of the fact that the majority of piano teachers or music teachers in Lexington live in residential areas. If the Board were to find that Miss Hood is violating the Zoning laws it would then apply to all music teachers. He stated that the Selectmen have heard that Mr. La France's letter was an outgrowth of a difficulty of trying to get Miss Hood to vacate the property she is now renting. He said the Board wanted to know whether or not Mr. LaFrance could work out his difficulties with Misd Hood without making it a municipal affair. Mr. LaFrance replied that he was informed that the area in question was a strictly residential area and that when he rented the cottage, which is on his property, he had no idea that Miss Hood was going to teach music or use the cottage as a studio. He said that the traffic has bothered him for some time. The pupils are brought to the studio by their father or mother in a car and are also called for. One car, therefore, makes four trips, two in and two out. As she has from four to ten pupils a day there are 40 oars going in and out of his drive. He said that he could not get any where talking with Miss Hood and he wants to know whether or not this is a residential section and if she can carry on a business. The Chairman explained that the Board hasnot checked this legally but does know it is common practice, and always has been, for music teachers to conduct their teaching in the homes. The Chairman said that he did not know whether or not it is strictly a business and can be so construed by law; however, if the Board once takes the step it will affect all music teachers and not just one. The Chairman said that he thought that there was'`a possibility of Mr. La France straightening this problem out with Miss. Hood without bringing the town into it and suggested that Mr. LaFrance gate the driveway, Mr. LaFrance said that he supposed she would have to have an entrance to her home and possibly he could gate it and give her a key, but he would have to ask his lawyer. He said the main reason he wrote was to find out whether or not it was a residential or a business zone. The Chairman replied that there is no question about that. It is a residential zone. He explained that the Board has not checked to find out whether teaching piano comes in the business category. Mr. LaFrance said he wanted to know what the town could 511; CoMplaiit re: Piano Teaching in the Hom e 512 do if there was any other business there. He thought the town would step right in and he wants to see what will be done in this case. The Chairman asked if the members of the Board had any questions. Mr. Emery asked how far from the Turnpike the cottage was located and Mr. LaFrance said that it may be possiblp)300 feet. Mr. Driscoll asked how long Miss Hood had occupied the cottage and Mr. LaFrance said she has been living there about three years and started teaching about two years ago. He said that when she first came and hired the cottage he did not know her. The Chairman told Mr. LaFrance the Board wanted him to understand one thing. If anything is done in this particular case it will affect all the piano teachers in Lexington. Mr. Driscoll adiced if Miss Hood was physically well and Mr. LaFrance said she is quite lame but does get around. He said it does not bother him having Miss Hood living there but he does not want to have a business carried on. The Chairman said that if it is determined that Miss Hood is conducting a business and must discontinue she will possibly have to give up the cottage. He asked if Mr. LaFrance intended to rent the cottage again. Mr. LaFrance replied that he does not want to rent the cottage. Mr. Emery asked if Mr. LaFrance had consulted an attorney and he replied in the affirmative. The Chairman asked him if it were possible for him to get an eviction order and Mr. LaFrance said that he thought he could. Mr. Gay asked if Mr. LaFrance had discussed with Miss Hood the _ possibility of the cars stopping on the Turnpike and not going in the drive. Mr. LaFrance said that his wife spoke to her about it. Mr. Nicker- son asked Mr. LaFrance if he didn't think it would be good policy to have one good firm try in an effort to get around the situation without involving the town. He said that hesieant for Mr. LaFrance to really try to obtain a yes or no. Mr. Emery asked if Mr. LaFrancefs attorney had advised him that he could not gate the property. Mr. LaFrance said that he could not remember whether he had ever asked his attorney that particular question. Mr. Nickerson said he would like an answer as to whether or not Mr. LaFrance would be willing to have one more try. Mr. LaFrance said he has had several talks with Miss Hood and he doesnit seem to get any place.. He also sent his lawyer up one time and he was unable to get any results. Mr. LaFrance retired at 8:30 P.M. The Clerk was instructed 1 to chec4 with the Town Counsel and ask for an opinion as to whether or not teaching piano in a residential area is considered a business. Mr. DeFoe, Supt. of Public Works and Mr. Lindstrom Building Inspector, met with the Board. In duly the Board of Selectmen received a letter from birs. Pryjemski, 84 Cliffe Avenue, stating that Zoar Avenue is being filled in and claimed that that was the only street which would bring fire equipment close enough to her home in the event of a fire. Mr. DeFoe presented a sketch showing Zoar Avenue and explained to the Board that it is not a street. Mr. Lindstrom explained that in 1944 or 1945 he received a telephone call from an individual who complained about Pryjemski keeping pigs. Mr. Lindstrom went down and found that there were three pigs in a little pen off Zoar Avenue. Mr. Pryjemski then told Mr. Lindstrom that there was a street there upon which a house had been built in the center. He related this story to Mr. Cann, Building Inspector at the time, and the case went to court. He said that Daniel J. O'Connell represented Mrs. Scurto who apparently built the house in the middle of the street and Mr. Wrightington represented the Town. He stated that Mr. Pryjemski came to him and wanted to know what he was going to do about the house in the center of the street. Mr. Lindstrom told him there was nothing he could do for him but agreed to contact the Town Counsel. He said he turned the matter over to Mr. Lynch one Sunday morning. They looked through the house which was not built according to the Building Laws. He said that Mr. Lynch had a talk with the owner of the building and that was the last Mr. Lindstrom heard. He said he was talking to Mr. Lynch last Saturday and Mr. Lynch told him that this had nothing to do with the Board at all; that if the people wanted to have the street accepted they should first contact the Planning Board. Mr. Pryjemski wants the street built and is willing to pay for it and then the house will have to be moved. The Chairman said that according to the sketch presented this evening if Zoar Avenue is accepted it looked to him as if Mr. Pyrjemski's house would also have to be moved. The Clerk was instructed to refer Mrs. Pyrjemski's letter to the Town Counsel for his reply. The Chairman r ead a letter from the Lexington Trust Company stating it has been brought to the Bank's atten- tion that certain extensions and improvements to the property on Muzzey Street owned by Fulton Brown have been made without the authority of the Building Inspector 513 Compla id re; Zoar Avenue Complaint Re; Zoning Violation 514 Street Lights Drainage Grove Street Hold over Bids Increase Salary of Lichten- berg and contrary to the Zoning Laws. If the alleged facts are true the Board of Directors of the bank desire to have steps taken to have the violations corrected. The Chairman read a letter from the Building Inspector advising that violations have been made and he was bringing it to the Board'eattention for disposition. Mr. Emery moved that the matter be referred to the Tom. Counsel for action. Mr. Nickerson seconded the motion, and it was so voted. Mr. Lindstrom retired at 8:45 P.M. Mr. Anastasyts request for a street Light in front of 187 Grove Street was held over from last week. Mr. DeFoe explained the street lighting situation on Grove Street and recommended the erection of a pole at the bottom of the hill in Grove Street and the installation of two new lights to be set 3001 apart. Mr. Driscoll moved that the suggestion be approved. Mr. Gay seconded the motion, and it was so voted. A letter was received from Ella M. Kilcup, 4 Grove Street, complaining about the drainage. Mr. DeFoe explained that this involves the drainage system going on down Simonds Road and Burlington Street. He presented a sketch showing Miss Kilcup's property and explained the proposed drainage system for Simonds Road and Grove Street. He explained that the water flows by her house but he does not consider the situation bad. Miss Kilcup claims that the water drains into her cellar but Mr. DeFoe questioned it. The Chair- man explained that even if a drain were installed there would still be water in that area because it is,a very low spot. The Chairman suggested that the Supt. of Public Works put up a berm if necessary. The Board studied the bids submitted for the con- struction of water mains on Maple and Fern Streets. Mr. Emery moved that the awarding of the contract be held over for one week. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe informed the Board that John Lichtenberg of the Engineering Department is now receiving $38.81 for a 44 hour week. Mr. DeFoe said that Mr. Burns, the Town Engineer, has informed him that Mr. Lichten- berg's work has been much better with the new organization and he is making himself more valuable. Both Mr. Burns and Mr. DeFoe recommend an increase in his salary. Mr. Emery asked how long Mr. Lichtenberg had worked for the Town. The Chairman replied that he worked for the town 1 515` for some years and during the war he left to work for Raytheon. He then came back in 1945. The Chairman said that he understands he is doing a much better job. Mr. DeFoe said that he would like to set his salary at $ 42.00 a week. The Chairman asked if he had the money available and he replied in the affirmative. The Chairman suggested that Mr. Lichtengerg's salary be increased to $ 41.00 with the possibility of increasing it next March, providing he learns how to do a few geometrical problems. Mr. Gay moved that the Supt. of Public Works be authorized to increase Mr. Lichten- berg's salary to $ 41.00 a week. Mr. Nickerson seconded the motion, and it was so voted. Mr. DeFoe retired at 9;15 P.M. Mr. F. K. Johnson and the Planning Board and Mr. Leon Bateman of the Lexington Chamber of Commerce met with the Board. Mr. Johnson said that when he was appointed as a member of the Planning Board the other members of the Board asked him if he would find out about parking meters. He said that Mr. Bateman has talked about using a space at the rear of his store as a parking road. He explained that although the Planning Board is in favor of off the street parking he is not speaking for that Board. Mr. Bateman presented a blue print and explained what he has in mind. The new owner of the building now occupied by Mr. Bateman is very much interested in having a parking area at the rear of the stores which would include the parking area formerly owned by Rubin & Seligman. They suggested that the parking area begin at Partridge's Store and continue through to Depot Square. Mr. Bateman discussed this with Daniel O'Connell who told him that it is entirely up to the Atlantic & Pacific as to what is done about the fence. The Parking Atlantic & Pacific real estate agent has agreed to come out and look over the area. Mr. Bateman also Area talked with the Boaton & Maine Railroad representatives and there was no objection except that they would pre- fer to have this area maintained by the town and that they insist that an entrance be used for their parkers. The Chairman asked if Mr. Bateman had contacted all the owners, found out that there is no objection, and is now submitting it to the Board of Selectmen as a suggestion that a road be established and general grading to be done; the property owners to give the town the nemessary easements. Mr. Bateman replied in the affirmative. The Chairman said the only thing 516 the Board could do was to have a study made and then have it discussed by the Board and also discussed with the Planning Board. If the Board of Selectmen consider it wise they will present to the Town Meet- ing for approval and request an appropriation to construct the road. He explained that it would be necessary to acquire an agreement from the various property owners that the land would be left as park- ing areas. Mr. Bateman said that he estimated the area could accommodate 250 cars. The Chairman said that the first thing to do is to study it and find out how much it will cost and have the Engineering Department make a study of the plans and profiles. He said that the Engineering Department should tie in with the Planning Board on this proposition. The Chairman said it appeared to him that it will require the layout of a street. He said it might possibly require the property owners to lease to the Town of Lexington for a certain period of years, at no cost, certain pieces of land. He explained that it is impossible to act on this at the special town meeting this fall and after the Board has reached some conclusion Mr. Johnson and Mr. Bateman will be invited to discuss the subject further. Mr. Johnson and Mr. Bateman retired at 9:1i5 P.M. Two copies of letters received from the New England Fire Insurance Rating Association, giving Fire the results of engine tests were submitted to the Department Board by the Fire Department. The Chairman read a letter from Acting Governor Arthur W. Coolidge requesting the appointment of a local chairman of a committee for the collection of scrap iron and steel. Mr. Emery moved that Mr. William H. Lyon be appointed Chairman and requested to select Apptt. members for his committee. Mr. Driscoll seconded Committee the motion, and it was iso voted. Chairman The Board gave further consideration to Mrs. Robyts offer of $40 for Lots 39 and 40, Block B, Acorn Street. Mr. Driscoll moved that a proposal to sell the lots be advertised in the Lexington Minute Man And that further consideration be given the offer at the next meeting of the Board. Mr. Gay seconded the motion,, and it was so voted. Tax Title Property L 1 517 An application was received from the Middlesex County Farm Bureau requesting permission to conduct a meeting and dinner in Cary Hall on Thursday evening, Cary Hall November 4th from 6:00 to 11:00 P.M. Mr. Gay moved that the use of the hall be granted subject to a charge of $ 35. Mr. Emery seconded the motion, and it was so voted. The Chairman informed the Board that the Pony Boy Stables advertised in Sunday's Globe another auction to be held this coming Wednesday. The in- dividuals involved were warned and told that they could not continue to hold auctions in this area. In defiance of the Board of Selectmen and the Town Counsel they have proceeded to advertise another auction. Mr. Lmery stated that someone telephoned him yesterday about this and he in turn tried to contact the Chairman. He was unable to locate Mr. Paxton and then called Mr. Lynch. Mr. Lynch agreed to proceed tomorrow morning to get an injunction unless he was advised not to by the Board of Select- men. The meeting adjourned.' at 10:45 P.M. A true record, Attest: ler , electmen.