HomeMy WebLinkAbout1948-10-13SETFCTMEN'S MEETING
October 13, 1948
A regular meeting of the Board of Selectmen
was held on Wednesday evening, October 13, 1948.
at 7:30 P.M. There were present: Chairman Paxton,
Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk
was also present. Mr. Daniel A. Lynch, Town Counsel,
also attended the meeting.
The Chairman asked the Board for a decision as
to whether or not additiona;funds should be requested
at the Special Town Meeting for the proposed widening
of Waltham Street. Mr. Driscoll said that, personally,
he would move for indefinite postponement. Mr. Gay
asked how the Chairman felt. The Chairman replied that
he would rather not say. Mr. Nickerson said he would
like to see the traffic congestion relieved but he
thought the amount estimated for the widening seemed
excessive. The Chairman stated that in view of the
fact that the Board of Selectmen has committed itself
at the last town meeting and stated that the cost would
be $ 7,900.00 he believed that it would be better to
move for -indefinite postponement. Upon motion dif Mr.
Driscoll, seconded by Mr. Emery, it was voted to move
for indefinite postponement under Article 12. The Chair-
man retired at 7:40 P.M. to meet with the Appropriation
Committee to discuss the proposed widening of Waltham
Street.
545
Widening
of
Waltham
Street
-discussed
Mr. Lynch was invited to meet with the Board for
the purpose of discussing the Scott Building, 1835-1853
Massachusetts Aftenue. Mr. Lynch explained that under the
law the Board of Selectmen have no authority or jurisdiction
whatever as far as the building is concerned. He stated
that it is exclusively within the jurisdiction of the
Building Inspector, who is given very extensive powers.
The Building Inspector has been up to the building and
looked the place over. He explained that he and the
Board thought a state inspector should also check the
building. He explained th_t where towns have accepted
corresponding sections of Chapter 43 IDS the Building
Inspector is the sole arbiter. If the town has not
accepted the correspondening sections, the State has
the power. In 1910 Lexington accepted the law, and there-
fore, the burden lies with the Building Inspector.
546
Scott
Building
Mr. Lynch said that despite that the State was re-
quested to make an inspection whereby Mr. Lindstrom
might receive the benefit of the State Inspector's
broader views. The State Inspector's views are sub-
stantially the same as Mr. Lindstrom's. He said that
Mr. Lindstrom can make the recommendations on what he
wants the owner of the building to do but the cost
may be prohibitive.
He can send a notice by registered mailand also
post on the outside of the building just what must be
done, and give the owner a reasonable length of time
to comply. If he does not do the required work the town
can then have it done and charge it to the property as a
lien. Mr. Lynch said that it seems to be the feeling that
Mr. Scott, the owner of the building, is very much dis-
turbed about the entire situation. It is rumored that
he will go to extreme lengths to satisfy the Board and
will start to evict his tenants and take down the third
story. He said he does believe Mr. Scott contemplates
setting the building back which is a problem for the Board
to consider. Mr. Lynch explained that Mr. Scott can
appeal any decision of the Building Inspector to the
Superior Court and have a Jury trial. Both inspectors
state that the building is substantially sound and should
not/Ifi all probability could not be condemned. The
Chairman returned to the meeting at 8:48 P.M.
Mr. Scott and Mr. Miller met with the Board, Mr.
Scott having been invited by the ::Board. The Chairman
explained that the Board would like an opportunity to
discuss with Mr. Scott the Central Block. He stated
that the fire in the Block occurred before the Stoneham
fire and the Board is very grateful that it did not have
the results of the Stoneham fire, but it did receive a
lot of .unfavorable publicity in the town which was
accentuated by the Stoneham fire. The Chairman said that
the Board would like to know just what Mr. Scott plans to
ao. Mr. Scott replied that he plans to fix the building
up the best he can. He admitted that where the tenants
used to keep the papers was a very bad place and he has
built a place in the yard which is supposed to be fire-
proof, and which will help a little.
Mr. Miller said that Mr. Scott has built, away from
the house over near the fire station, a concrete block
for the trash barrels which will keep them away from the
building. He said itwas in the trash barrels the fire
started. Mr. Scott said that the timbers in the build-
ing are heavy and would be hard to burn. •The Chairman
explained that the day the fire occurred it came close to
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547
getting a good start. Mr. Scott replied that it
did get a good start. The Chairman said that according
to reports if the fire had started an hour earlier it is
possible that there would have been loss of life. Mr.
Scott stated that there are four doors and that the
papers made a lot of stories out of the incident. He
stated that the Lexington paper said there were 47 children
in the building but actually there are only 27. Mr. Scott
said that the tenants can go from one apartment to another.
There are two back stairs and fire escapes. The fire escapes
were constructed about eight years ago. The Chairman ex-
plained that according to the reports received by the
Board it appears that quite a bit of work should be done.
Mr. Scott said that he would like to look at the recommend-
ations and asked if the Board had a list. The Chairman
replied that the Board has a list but would like to talk
it over with Mr. Scott to find out what he has in mind
before they take any action..
He explained that the construction of the containers
for rubbish is a very small part of the entire problem.
Mr. Scott asked if he could see the list of recommendations.
The Chairman replied that he would rather retain them for
the present moment because Mr. Scott is undoubtedly as
familiar with them as the Board. Mr. Scott said he thought
that he should be able to get together with the Board and
arrange to do something that would not be too expensive.
Mr. Driscoll asked when Mr. Scott proposed to remove the
top floor and Mr. Scott replied that he has been working on this
for about two months. Mr. Lynch asked what was holding him
up and Mr. Scott replied that it was obtaining materials.
Mr. Scott also said that it is hard to get the building
vacated. Mr. Lynch asked what he had planned to do and
he replied that he had just put a front in. Mr. Lynch
asked if he had any plans for a new building and he re-
plied in the negative. He stated that he is trying to
get a wrecker to give him a figure on taking it down.
Mr. Lynch askedif he had any immediate plans for taking
down the two top stories and Mr. Scott replied in the
negative. Mr. Lynch explained that this is a situation
that has caused a lot of publicity. It has been called
to the attention of the town officials and to Mr. Scott's
attention. If anything happens now this responsibility
will fall not only on Mr. Scott but also on the Board.
He explained that if the town moves it will move quickly.
He stated that the town can compel Mr. Scott to do a
number of things and it may be very expensive. He said
that once the town has taken a stand the required changes
must belmade within a specific time. Mr. Lynch said that
548
Scott
Building
he would recommend that Mr. Scott engage an architect
to look the place over and have plans made of what he
intends to do, and before proceeding with the plans sub-
mit them to the Board before any attempt is made to
evict the present tenants. Mr. Lynch explained that the
Court can evict them and give them a stay of execution
up to one year. He said that if Mr. Scott has plans
approved by the Board the citizens of Lexington can be
so advised. Mr. Miller askenf the town felt that people
should not live on the second and third floors. The
Chairman replied that at the present moment the Board
feels that it it definitely unsafe. Mr. Miller stated
that the rents are very low and the housing shortage now
serious. He stated that the property will be developed
into something eventually but he does not know how soon.
Mr. Lynch suggested that Mr. Scott have an architect draw
up a set of plans. The Chairman said that an adequate set
of plans for a three stbry building in accordance with the
building code would be definitely expensive and he thought
Mr. Scott should proceed on the basis of a one story build-
ing, having the plans submitted not later than January first.
The Board could then postpone any action. Mr. Scott said
it would not be necessary to have much of a plan to take
off the two top floors.
The Chairman said that it requires a certain amount
of plans because it must comply with the building by-laws.
There is work that has to be done. Mr. Scott said that
he cannot say very much iliust now. He thought a few
alterations would be all right. The Chairman explained
that a few alterations on the present building are not
going to be satisfactory and will not comply with the laws
of the town. Mr. Scott said he wanted to fix the building
up temporarily and in two or three years he might erect
a new building, but he did not dare to venture that now
with the price of materials. He said he would like to get
some good tenants before he sp ends too much money. Mr.
Lynch said that he believes time is an important factor
and he thought the Board should be able to _report- to the
town that after the first of November something is going to
be done. Mr. Miller asked if the town would tell Mr. Scott
what should be done. Mr. Lynch•replied that the Board does
not have a final report of the Building Inspector but does
have some recommendations. He explained that once the
detailed report is made a matter of public records the
recommendations must be followed and the Board did not
want to put them on record until Mr. Scott had an oppor-
tunity to present his ideas. He explained that once the
records are made -public the building will be posted and
a sign put on the building that certain things must be done
CIA
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1
within a certain period of time. If Mr. Scott does
not comply then the town will step in, have the work
done and charge it to Mr. Scott. The charge then
becomes a lien on his property. He explained that the
town does not want to do this but if the Board is
forced to then there is no alternative. Mr. Lynch
read a few of the recommendations and explained that
they are not as substantial as the final recommendations
will be. Mr. Scott asked if these were what the Build-
ing Inspector recommended and Mr. Lynch replied in the
negative, stating that it was merely a preliminary report.
Re said that he suggests that Mr. Scott write a letter
to the Board of Selectmen before November first explaining
just what he intends to do. He said that the Board
appreciates that Mr. Scott cannot do anything very sub-
stantial within a period of one year because it will
take that much time to evict the tenants. Mr. Miller
asked if all the recommendations were not followed
would Mr. Scott have to put all the tenants out of the
building and Mr. Lynch replied in the affirmative.
Mr. Miller said that this was something to be thought
over and that two weeks would not be enough time. The
Chairman said that the Board is not asking for a concrete
plan but just a letter telling what Mr. Scott thinks he
might do and have the letter submitted to the Board
before November first. He said if Mr. Scott decided he
was going to do any thing to just so advise the Board.
Messrs. Scott and Miller retired and Mr. Morrisson
met with the Board without an appointment.
The Chairman informed him that the Board had only
ten minutes before the next appointment. Mr. Morrisson
said he would like to eliminate a lot of trouble that is
accumulating. He said that there is a policeman out-
side the door of his place on Spring Street watching what
is going in and out. He said that he is not trying to
cover anything up. He stated that when Its'. Lynch came
to his place he was under the impression that as long
as he had a farm and operated a farm and sold from the
farm at public auction there would beno objection. He
•stated that he has leased the property with an option
to buy and is moving in the first of the month. He
said he would like to improve the place but he doesn't
want to go ahead unless he has some assurance. The
Chairman said that Mr. Lynch could straighten Mr.
Morrisson out on the legal points. Mr. Morrisson said
he would like to know what the objection is. The Chair-
man replied that the Board has received a number of
549
Spring
Street
Auction
550
complaints about the auctions being held. He said
that at one time carloads of horses were seen going
in. Mr. Morrisson replied that there was one carload
of horses into Lexington Center. He does not under-
stand why there would be any objection to a carload of
horses where there are also carloads of pigs coming in.
The Chairman said that there may be pig farms in Lex-
ington but there are no places of auction. Mr. Morrisson
stated that most of the horses he brings in are taken
by truck to Maine to sell. He said there is no use for
work horses in this part of the country. The Chairman
explained that the problem is on the auction. Mr.
Morrisson._ said that if what he has to do is to apply
for a change in the Zoning Law he would like the Board
to so advise him. Mr. Lynch said that Mr. Morrisson
has an attorney and, therefore, he does not feel free
to advise him on legal matters. Mr. Morrisson said he
was looking for advice from the Selectmen and not from
the Town Counsel. Mr.,Lynch stated that the Board
has had complaints about the auctions and he spoke to
Mr. Morrissonts attorney in the presence of Mr. Lind-
strom, the Building Inspector. He said at that time
that they told Mr. Morrisson to continue running a
farm and bring horses in for farm purposes, and Mr.
Morrisson stated at that time that was all he intended
to do and that he would not bring horses in for auction.
Mr. Morrisson said that he never told Mr. Lynch or any-
one else that he would ship horses in there to use on
a farm. Mr. Lynch replied that this is the only reason
he can bring them in. Mr. Morrisson said that he thought
according to the law there was nothing that could stop
an auction. Mr. Lynch replied that that is not so. He
said that the day following the visit to the farm there
appeared an ad in the Sunday Globe. Mr. Lynch then
called Mr. Morrissonts attorney. When he told his
attorney about it he was as shocked as Mr. Lynch.
He said that he explained to the attorney that this was
a departure of what Mr. Morrisson said he was going to
do. Mr. Lynch explained that he then filed a bill in
equity and as a courtesy to Mr. Morrissonts attorney
gave him a copy of the bill before filing in Court.
He further told him when it would be filed.
Mr. Lynch explained that he received an injunction
against Mr. Morrisson from the Court. The Court ordered
him not to bring horses or cattle of any kind to the
farm except for the purpose of operating the farm.
Mr. Lynch said that he has been advisedLthat the cattle
551
have been brought in there for the purpose of being
sold at auction. Mr. Morrisson said that was not so
and Mr. Lynch replied that he had been so advised.
Mr. Morrisson said that he has taken them down to
the New England Dressed Meat & Wool Company. Mr.
Morrisson said that Mr. Lynch talked to him on
Saturday and any ad which appeared in the Globe on
Sunday had to be given to the paper on Friday. Mr.
Lynch said that Mr. Morrisson must have known about
the ad Saturday. Mr. Morrisson said that he did not
do it deliberately. Mr. Lynch asked why Mr. Morrisson
did not tell his attorney that the ad would be in the
Sunday paper. Mr..Morrisson replied that Mr. Garrity
said that Mr. Lynch was "sore" because of the ad.
Mr. Lynch said that he was not "sore". Mr. Lynch said
that Mr. Morrisson did not tell him nor his attorney
that the ad was going to be in the Sunday paper. He
explained that Mr. Morrisson stated in the ad that he
expected a couple of loads from Maine. These horses
were being brought in for the purpose of being auctioned
off. Mr. Morrisson stated that in the summer he
might own 700 horses. He.either owns them or lets them
out. In the fall he has to auction at the Walnut Hill
Stables, Lowell, or here. Mr. Lynch asked him why die
didn't auction them off somewhere else and stop all
the trouble. Mr. Morrisson replied that he would like
to go in business in Lexington. Mr. Lynch said that the
town does not want auction sales in Lexington. The Chair-
man said that as he sees it the situation is this: If
Mr. Morrisson wants to bring horses or cattle in for the
purpose of grazing farm land and keep them for a period
of three, four or six months and then ship them out,
it would be considered a farm and the customary uses
accessory thereto. Auctions can be held only on
produce raised on the farm. If, however, there are
to be weekly auctions it would indicate that Mr.
Morrisson is bringing the animals in. He said that
this is a residential district; therefore, auctions
on a weekly basis are a business and not permissible.
The Chairman explained that Mr. Morrisson could request
a change of the Zoning but his off -hand opinion is
that the planning Board would recommend against it.
It would also have to be voted at a town meeting and
he thought it would be voted down. He said that if
Mr. Morrisson wants this farm for the purpose of
building up his stock to ship them wherever he wants
to it would be permissiblevland there is nothing ,_--,: < --_ eA—'
the Board can do about it, because it would be a
violation of the Zoning Law.
552
Mr. Morrisson said he would think the Board
of Selectmen was opposed to auctions there. The
Chairman replied that it is a violation of the
present Zoning -By-law and there is nothing the Board
can do but to enforce it. Mr. Morrisson said that
the Board must be aware of the fact that he could
ship cows in and keep the calves a month and run
an auction once a month. Mr. Lynch said that the
main business would then be auctioning instead of
the operation of a farm. Mr. Morrisson said that
he can ship cows in; the calves will be born on
the premises, grown on the premises and then he
can sell them if he wants to.. He said he has
asked legal advice on this. Mr. Lynch said he thought
Mr. Morrisson could save himself a lot of bother. The
town is not anxious to get into litigation but will
not shrink from litigation. Mr. Morrisson said he
would like to know if he is right or wrong in assuming
that the Board is against his running auctions. The
Chairman replied that the Board is against it based
on the fact that the laws do not permit it and he
must abide by the law. He explained that Mr. Morrisson's
only recourse is to go the the Planning Board and
have the request for the change in Zoning presented
to the Town Meeting. He said that the. way the law
now reads the Board has to abide by-it'and that
is that there shall be no business in residential
districts. He said that holding an auction once a
week is a business. Mr.. Morrisson asked if he
could have the people in the neighborhood sign a
petition requesting that he be allowed to conduct
auctions. Mr. Lynch told Mr. Morrisson to have his
attorney contact him. Messrs. Morrisson hnd Tarbell
retired.
Mr. DeFoe reported that he has again talked
to Mr. Shaw on Grant Street but he does not believe
there is any use in further discussion. Mr. Shaw
plans to put in a drain from the rear of his garage
down to the side. of the garage and out to the street.
The proposed drain will end up in a catch basin
that Shaw is going to build with a grating over it.
If the water is taken down to the street it will
relieve the bank a lot after it is sodded. Mr. Shaw
wants to empty the drain into the street but that
is not permissible. He wants to change the terms
of the agreement so that the continued maintenance
will run for a period of five years. Mr. Lynch explained
that there are fourpeople on Grant Street who have
substantially the same situation. Three of them have
signed an agreement on the basis of maintenance of the
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bank until April 1, 1949. He said the town
will have no responsibility with those three
individuals beyond 1949. Mr. Shaw wants main-
tenance for a period of four years beyond what the
other abutters are getting. He further wants to tie
in with the drain to relieve a situation which has
always existed. Mr. Lynch stated that the construction
of Grant Street had nothing whatever to do with Mr. Shawls
drainage problem.
He said that personally he does not like going to
three individuals and then giving Mr. Shaw so much more
than is being given to the others. Mr. Shaw also wants
to reserve all rights against the town... He said that
there is a ledge and if anyone falls off there will
be trouble. There is also an open cesspool which is
bothersome. Mr. Lynch said that he would go as far
as to recommend that the town agree to maintain the
slope, even for the five years, if the Board wants to;
give him his drain, unless this would be establishing
a policy that might be embarassing later on, but all
this on the basis that Mr. Shaw give the town a clean
release of all claims and demands. Mr. DeFoe explained
that Mr. Shaw wants to reserve the right for any damages
now or that may accrue. The Chairman askedif the town
should fill in the cesspool. Mr. Lynch explained that a
letter had been written to Mr. Shaw asking for his per-
mission. Mr. DeFoe stated that he has received no reply.
The Chairman mentioned giving Mr. Shaw thesame type of
agreement as signed by the others with the exception of
the date; Mr. Shawls agreement to run to April 1, 1950.
Mr. Driscoll said that he did not see why Mr. Shawls
agreement should be different from these prepared for
the other abutters. Mr. DeFoe explained that so much
time has elapsed now that it may not be possible to do
the sloping in the spring and that the sloping of all
the other properties may not be done until the spring.
Mr. Gay asked if Mr. Shaw were given the same type of
agreement as the other three abutters would that, in
Mr. Lynch's opinion, have any bearing on the decision
that the Court might male. Mr. Lynch said that he
thought the chances in Court would be negligible. Upon
motion of Mr. Driscoll, seconded by Mr. Nickerson, it
was voted that the same type of agreement be used for
all the abutters on Grant Street. Mr. Lynch suggested
that Mr. DeFoe send another letter by registered mail
advising Mr. Shaw that the town will fill in the ex-
cavation made by the town for the purpose of building
a new cesspool unless he advised the Board not to fill
in the excavation.
553
Shaw re:
Grant
Street
554
Insurance
Decals
Side-
walks
Mr. Emery asked about erecting a fence to
prevent people from falling off. Mr. Lynch agreed
that it might be a good idea. The Chairman suggested
erecting some slow fence which would be safer than
a rope. Mr. Lynch recommended that the Supt. of
Public Works send Mr. Shaw the original agreement
and to advise him that on a certain date, unless the
excavation made by the town for a cesspool, and will
erect a temporary fence along his property unless
he advises the Board to the contrary. Mr. Lynch
retired at 9:05 P.M.
Mr. DeFoe presented the Board with a letter
received from Tracy Ames in which he advises placing
smoke insurance on the Hancock and High Schools.
Mr. Converse Hill of Brewer and Lord, and Mr. Ames'
ideas on the subject differ.
Mr. Nickerson moved that the Sup+t. of public
Works be authorized to cancel the binder and to
advise the insurance company that no provisions had
been made in the present budget for this coverage.
Mr. Gay seconded the motion, and it was so voted.
It was also suggested that Mr. DeFoe inform the
insurance company that the Board will consider
appropriating funds for this item at the annual
meeting in March.
Mr. DeFoe submitted the following prices for
decals:
From 100 to 249
" 250 " 499
" 500 and up
$ 1.33 each
1.05 "
.60 "
No action was taken on the matter.
Mr. DeFoe requested permission to let the contract
for sidewalk construction. He informed the Board
that there are not sufficient funds in the sidewalk
appropriation to do all the sidewalks and that would
come under sidewalk construction. The Chairman
explained that there is not enough money to take
care of Cherry Street which was the last request
received. He stated that therefore the concrete
sidewalk on Cherry Street will have to be eliminated.
He suggested that Mr. DeFoe advise the people on
Cherry Street that unfortunately there are not
enough funds to take care of this sidewalk constr-
uction and that this item will be considered when
the 1949 budgets are discussed. Mr. DeFoe reported
that he had checked on the p. J. Joyce & Sons and
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555
it appears to him that it is a reputable firm.
Upon motion of Mr. Emery, seconded by Mr. Nickerson,
it was voted to award the contract for sidewalk constr-
uction to P.J. Joyce & Son, the lbw bidder. Mr. DeFoe
retired at 9:35 p.m.
Mr. John Fitzgerald, Commander of the V. F. W.
met with the Board. He informed the Board that the
veterans have made plans to move the old fire station
from Merriam Street. He explained that the Post will
release all funds now in the Lexington Co-operative
Bank so that they can be used to move the building.
He said that he had asked the Building Inspector for
a permit to put the present second story floor on Sale of
top of cinder blocks and asked if they could start Old Fire
excavating. Mr. Lindstrom said that they might have Station
to obtain a permit from the State because of the fact
that this is to be g club house. The Chairman said
that the Board of Selectmen is interested in the removal
of the building as soon as possible and the conditions
under which it is going to be moved through the center.
The structural problem is one that will have to be
worked out with the Building Inspector. The Chairman
said that the Board has not passed a formal vote to sell
the building to the veterans because they have been
waiting to get the pertinent information.
He asked how soon the veterans will have their
plans ready and Mr. Fitzgerald replied that they expect
to have them completed within a week or two. They
want to have the building moved by December first. Mr.
Driscoll asked if they plan to have the same mover
and Mr. Fitzgerald replied in the affirmative. The
Chairman said that Mr. Fitzgerald had given the Board
a progress report but still has not been able to assure
the Board as to when the building will be moved. He
said it appeared to him that they should continue as
though the building belonged to them and work as fast
as they can to get it moved and then let the Board
know. Mr. Emery said that Mr. Fitzgerald should come
in at some time in the near future and advise the Board
as to just what day Shaughnessy will move the building.
The Chairman stated that if the removal of the building
goes beyond December first the offer of $1,00 may not
any longer be valid. Mr. Fitzgerald said he hoped to
have the building moved by December first. He retired
at 9:55 P.M.
556
Memorial
Committee
Baskin
Betterment
Assess-
ments
Use of
Hall
Use of
Hall
Use of
Hall
A letter was received from the Memorial Committee
of the Lexington Minute Men, Inc. advising that some
consideration must be given to the foundation upon
which the memorial to the 1775 Minute Men is going to
be placed. Stakes have been driven on the Buckman
Tavern grounds in the approved location. The Committee
felt that the foundation work should be done either
under the supervision of some Town Department or by the
facilities of some Town Department at the expense of the
Memorial Fund. The Clerk was instructed to send Mr.
Garrity, Supt. of Parks and Playgrounds, a copy of this
letter and ask for his recommendations as to what he
thinks would be the best solution.
A letter was received from W. John Baskin stating
that he thinks the assessments on street betterments
on Pine Knoll Road is still too high. Mr. Baskin
stated that if further consideration is not given to
the assessments the matter will have to be settled in
Court. Upon motion made by Mr. Emery and seconded by
Mr. Driscoll, it was voted to advise Mr. Baskin that
the Board has again considered the betterment assess-
ments levied against his property on Pine Knoll Road
and find no reason for making any change in the
present assessment.
An application was received from the Lexington
Minute Man, Inc., for permission to conduct a business
meeting in a Conference Room on the evening of October
21st from 8:00 to 10:00 P.M. Upon motion of Mr. Emery,
seconded by Mr. Driscoll, it was voted to approve the
application for the use of the hall, free of charge.
An application was received from the Lexington Tax-
payer's Assocation for permission to conduct a meeting
in Estabrook Hall on Tuesday evening, October 26th.
Mr. Emery moved that the use of the hall be granted
free of charge. Mr. Driscoll seconded the motion,
and it was so voted.
An application was received from the Simmons Club
of Lexington for permission to conduct a puppet show
in Estabrook Hall on Saturday morning, November 6th
and also on Saturday morning November 13th. Mr. Gay
moved that both uses be granted subject to a total
charge of $10.00. Mr. Driscoll seconded the motion,
and it was so voted.
557
An application was received ffom the Lexington
Firemen's Benefit Association requesting permission
to conduct an entertainment and dance in Cary Hall
on December 3d from 8:00 P.M. to 1:00 A.M. Mr. Gay Use of
moved that the use of the hall be granted subject to Hall
a charge of $35.00. Mr. Driscoll seconded the motion,
and it was so voted.
The Chairman informed the Board that Howard
Sawyer has now taken over the taxi stand at the Town
Diner and also purchased a second automobile. He
would like to have his present license issued at
45 Freemont Street transferred to 1722 Massachusetts
Avenue. He would also like a license for the second
cab. Mr. Emery moved that the request be approved. Public
Mr. Driscoll seconded the motion, and it was so voted. Carriage
License
The Chairman read a letter from Lexington Planning
Board relative to the hearing to be held Thursday evening,
October 14th, on the proposed change to the Zoning By-
law. Mr. Emery asked what should be said by the spokes-
man of the Board Monday evening relative to the proposed
change if questions are. presented. Mr. Nickerson thought
the Board would have to wait until after the hearing and Change
receive some report from the Planning Board.. Mr. Emery In
said that if the Planning Board is, or is not, in favor Zoning
of the proposed change what is the opinion of the Board By-law
of Selectmen. Mr. Gay said that if the Planning Board
is not in favor of the change he would not favor it.
Mr. Nickerson said he would prefer to wait until after
the hearing before arriving at any decision. The Chair-
man stated that whether the Planning Board is in favor
or not, he personally thinks the proposed change is a
good idea. He said the only reason he would oppose it
would be if the abutters in the immediate area were
definitely opposed.. He explained that this is a piece
of property in a low swamp area bringing in no revenue
at the present time which cannot be used for anything
but light manufacturing and if the zoning is changed it
is possible that the town will receive $50,000. revenue
with no cost to the town. Mr. Emery moved that the
Board of Selectmen go on record as being in favor of the
proposed change to the zoning by-law unless the abutters
in the immediate area strongly protest the hearing.
Mr. Gay seconded the motion, and it was so voted.
The Chairman reported to the Board that if the
Appropriations under Article 2 and 3 for Old Age Assistande
and public Welfare are reduced from the amounts requested Articles
by the Board of Public Welfare it may be necessary to
request a transfer from the Reserve Fund in December.
558
Articles
Sign Warrant
Elections
Mr. Emery moved that the Appropriation Committee
be advised that the Board of Selectmen is in favor
of requesting $6,000. under Article 3 and $ 8,000.
under Article 2.
The Chairman reported that Mr. Clarence Smith
of the Appropriation Committee feels that the $45,000.
borrowed under Article 7 should be for a ten year
period. The Board agreed to go along with the Appro-
priation Committee and request a borrowing for a
period of ten years.
The warrant for the Presidential Election,
November 2, was presented to the Board for signatures.
Upon motion of Mr. Emery, seconded by Mr. Driscoll,
it was voted to have the polls open on November 2,
1948, from 7;00 A.M. to 8:00 P.M.
The Chairman suggested that the Board meet at
seven o'clock on Monday night prior to the Special
Town Meeting. The next regular meeting of the Board
will be on Tuesday, October 19th, at 7:30 P.M.
The meeting adjourned at 10:45 P.M.
A true record, Attest:
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