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HomeMy WebLinkAbout1948-11-08579.:: SELECTMEN'S MEETING November 8, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, November 8, 1948, at 7:30 P.M. There were present; Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. Mr. Emery acted as Chair- man until Mr. Paxton arrived at 8:12 p.m. At 7:45 P.M. Mr. Carl Hauck and twelve other individuals, residents of Paul Revere Road and vininity, met with the Board because of dissatisfaction as to the betterment assessments relative to street construction. Mr. Hauck said that the group would like to know why street construction is, as far as they know, figured on 100% basis. Mr. Emery said that he understands, Better - to be correct, that during the past seven years road ment betterments have been assessed 100% of the cost. Assess- IIe explained that the Board has had occasion during ments the past six months to check into the legal obligations and laws governing street betterments. He stated that the Board has been told by Town Counsel that street betterments should be assessed at the actual betterment to the abutters and the actual betterment is the best judgment of the Board of Selectmen. Under this formula there might well be cases where the betterment would be 100% of the total cost. He said theBoard is aware, however, that there may be cases that would not be 100% and recent betterments upon which the Board has passed in the last few months have not been 100% of the cost. Mr. Hauck said that he, personally, cannot see the justification in this method of assessing. He asked why the Board could not bring the assessment down to a 50-50 basis. Mr. Emery pointed out that the assessments are not decided by the Town Counsel as the equitable way of handling the matter. He interprets the state law on the subject. Mr. Emery said he did not know whether or not the sewer and water assessments are a matter of state law. He said that the Board has looked into the street betterment assessments very carefully and the actual betterments for street construction must be determined by the actual benefit. He said that this may not be consistent with the other programs but he does know that on street betterments the Board has no choice and that they are governed by law. One of the individuals present asked if the betterments could be determined before the street was constructed. Mr. Emery said that 58O Paul Revere Road residents re: betterments he did not know about the legal angle but thought this might be accomplished. Mr. Paxton arrived and took over the meeting. Mr. Hauck spoke at length on traffic, taxes and betterment assessments. The The Chairman explained that the Board is in sympathy with the problem but pointed out that in Lexington there are approximately 30 miles of unaccepted streets all presenting potential fire hazards. He said that he would like the property owners to think of the possibility of a ten foot taking if Paul Revere Road is constructed, because it would have to be constructed wider than the average street. One of the individuals asked why the Board favored a 50► street. The Chairman explained that a street should have a 30+ minimum travel way and there should be more than 5+ for a sidewalk. He stated that a 40/ stbeet having a 301 pavement leaves insufficient room for snow removal. He said that furthermore if the street is going to be constructed the individuals affected might as well anticipate that some time a request will be made for transportation and the street might as well be made wide enough for buses. He explained that at the present time the Board of Selectmen acts under Chapter 80 which states that the Board determines the betterments to the property. He said that if Paul Revere Road is constructed only the abutters on the road will be assessed. Those not having frontages on Paul Revere Road would not have any assessment. He suggested that they present their request in writing for an estimate and cost of construction for the better- ment to the property and the Board will make every effort to determine the betterments if it is legally possible. He also suggested that they check to deter- mine whether or not any of the other streets in the area could be accepted at the same time, and that petitions be obtained. He explained very carefully that the Board of Selectmen can not specifically state that the better- ment will be 50% or 60% of the cost. The law states that the Board of Selectmen six months after the construction shall be completed shall determine the betterment. He said that all the Board can do is to try anddetermine before hand how much benefit will be assessed. The group retired at 8:55 P.M. Mr. Leslie J. Wood met with the Board and he said that some time ago he purchased 38 lots from the Town of Lexington and now finds that there is a pub- licdriveway through lots 130 and 131. He said that he erected a fence and was cited into court which cost him 0110. The Chairman explained that when property rad 1 1 goes into tax title the Board does not give any definite assurance as to the validity of the title. In order to be certain the purchaser should put them through the Land Court. Mr. Wood said he understood that all tax title property was put through the Land Court by the Town and the Chairman informed him that he had been misinformed. He explained that if they were put through Land Court the price would be prohibitive. Mr. Emery asked who owned the right of way and Mr. Wood replied it was owned by an individual who owns the land adjoining his. The Chairman asked Mr. Wood if he had a lawyer check the title and he replied in the negative. Mr. Emery asked if he had beento Court and Mr. Wood replied in the affirmative. Mr. Emery asked if a settlement had been reach- ed and Mr. Wood repliedit had. Mr. Emery asked if he took down the fence would he have to pay damages and he replied in the negative. Mr. Emery asked him *hat he thought should be done and he said that he did not feel that he should be the loser. The Chairman said that the. Board would discuss the matter and advise Mr. Wood if there is anything that can be done. He retired at 9:25 P.P.Q. and Mr. Philip Johnson, Executive Director of the Sachem Council of Boy Scouts, met with the Board. 58.1; Tax Title Property He explained that the Council has had an office on Massachusetts Avenue, Arlington, for four years. This summer they were notified that the rent would be increased to a price which is definitely prohibitive. He said that from September on he has made a very thorough search of the towns which govern the council. He noticed the Barnes property and has looked into the building. He said that he needs to have something before February, 1949, when the new rent will be in effect. He feels that the Barnes Building will be ideal and explained that he employs three girls and two field men and will also need a storage room. The Chairman asked if his understanding was correct that Mr. Johnson would like to rent space on the second floor of the Barnes property.. Mr. Johnson replied in the affirmative and explained that the Councills entire finances comes from the Red Rather. The Chairman explained that up to the present. time any use of the building has been granted subject to the needs of the town and there is no guaranine that anyone can remain in the building for any period of time because the Board does not know at what time it might be Barnes Pro- perty 582 Barnes. Property" Complaint Gasoline Contract be necessary to use if for municipal purposes. The Chairman asked about the rent that the Council would pay. Mr. Johnson said that when he first became associated with the Council they were paying 55.00 a month. In 1945 the rent was increased to $65.00 a month and this is the amount that they pay at the present time. He said if they could pay $50.00 or somewhere in that range it would be in keeping with the budget. The Council expects to pay rent and also janitorial service. Their budget includes an item for $15.00 a month for janitors in addition to the rent. They also have an item to pay for the light bill but no funds for heating the building. The Chairman suggested that Mr. Johnson give the Board an opportunity to discuss this subject and obtain legal advice, if necessary, before making any decision. Mr. Johnson said if there is any redecorating the Council would stand the expense. The Chairman asked if there were any questions and there were none. The Chairman said that the Board would have an answer for Mr. Johnson by November 22d. Mr. Johnson retired at 9:45 P.M. The Chairman read a letter from the Lexington Council of Girl Scouts informing the Board that on several occasions windows in the Girl Scout House at 2 Lincoln Street had been broken by stones. The Chairman suggested that perhaps a bopy of the letter should be referred to the police Department and the suggestion made that the Girl Scouts arrange for a watchman. Mr. Nickerson said that the problem might be taken care of through the Student Government at the High School. Mr. Gay said that he would be tempted to say that this is a Police proposition and that there should be an officer stationed on the premises. Mr. Emery suggested that the Chairman discuss the problem with the Chief of Police and Mr. Nickerson said he thought the Chief should be given a free rein. Mr. DeFoe met with the Board at 10:00 P.M. He requested the Board to consider an extension of the gasoline contract with the Shell Oil Company for the year 1949. Mr. Emery asked if Mr. DeFoe thought the Town Counsel would rule this a new contract or an extension. He mentioned the fact that the Town By- laws provide that for any purchases over X1,000. bids 583 The Chairman suggested that if Mr. DeFoe is advised by Town Counsel that this may be considered an extension he can so notify the Board next week. If, however, the Town Counsel rules that it is not an extension, bids -will have to be obtained. The Chairman asked if the Board wanted Mr. DeFoe to obtain a number of bids. Mr. Emery asked what the Chairman thought. The Chairman replied that he thought it might be well to make it competitive bidding rather than just ask for two bids. Mr. DeFoe requested permission to install a water main in Rindge Avenue and presented a sketch. He informed the Board that he has received 71.5% of the signatures, not counting the Town of Lexington.. He said that he did not know whether he could do this work in 1948 but he will if he can. Mr. Emery asked how this would compare with Oak Street, the Board having held that over until next year. The Chairman Water in explained that Oak Street is a. larger project with Rindge a distance of some 1,500 feet running into, 5.00 and Avenue 46.00 a foot whereas Rindge-Avenue can be done in a day for 4600 or 4700. Mr. Emery moved that the Sup ' t. of Public Works be authorized to proceed with the installation of a water main in Rindge Avenue, the work to be done in• 1948 if possible. Mr. Driscoll seconded the motion, and it was so voted. Mr. DeFoe informed the Board that he has received a petition for the Installation of a water main in Colony Road which has been signed by 100% of the Water in abutters. He stated that he has advised that Colony the work cannot be done this year. Road Mr. Emery moved that the installation of a water main in Colony Road be deferred until 1948 and that provisions be made in the budget for this work. Mr. Driscoll seconded the motion, and it was so voted. Mr. DeFoe reported to the Board the information obtained from surrounding towns relative to the use of Decals. He stated that the town has approximately 40 pieces of equipment upon which Decals might be placed. Mr. Driseoll moved that the Sup+t. of Public Works be authorized to place an order for 500 Decals. Mr. Nickerson seconded the motion, and it was so voted. Decals 584 Engineers Vacation for Moore Water Deptt. Scott Bldg. Mr. DeFoe reported that Miller and Nylander believe that they can give the town three days a week engineering service as long as they are needed. They will furnish a have public liability insurance as well as Workmen's Compensation and the price it $45.00 a day for a eight hour day. They will be paid only for the hours that they work. Mr. DeFoe said that Charles Moore, the Engineering Inspector, claims that he is entitled to two weeks vacation for the last year and he had only one. Mr. Moore believes that where he has worked so many hours over time and used his car without remuneration he should be given two weeks vacation for last year and forget the week that he had. He has worked for the town a little over a year and a half. The Chairman said that the use of his car was for his own oon- conv.enienee and' sdked if Mr. DeFoe felt that he is entitled to two weeks vacation. Mr. DeFoe replied that he is of the opinion that Mr. Moore has put in sufficient overtime to warrant it. The Chairman asked how the Board felt on the matter. Mr. Emery asked if the Chairman was opposed and he replied in the negative. Mr. Every moved that Mr. Moore be granted two week's vacation with pay. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe retired at 10:30 P.M. A form letter was received from the Massachusetts Recess Commission on Water Supply relative to a public hearing to be held November 9th at 11:00 A.M. The Chairman explained that if the program as outlined goes through funds received by towns from the Water Department may be used only for the Water Department and not trans- ferred to the other Departments. The Clerk was instructed to request the Sup►t. of Public -Works to send a rep- resentative into the hearing and express the opinion that the Board of Selectmen is in favor of this Act. The Chairman read a letter from W. H. Ballard stating that he accepted the Boardts invitation to help in the Scott matter. He will be away from his office from November llth to 18th. The Cldrk,was-instructed td 'invite Mr:: Scott and 'Mr. Ballard to meet with the Board on Monday, November 22d. The Chairman read a letter from Town Counsel relative to the applicatithn of Herbert V. Abbott, 922 Waltham Strept, for permission to install undergrnuaid tanks for the installation of gasoline and motor oil. Mr. Lynch said that from information submitted to him he 1 58 he believes Mr. Abbott now desires to operate a retail gasoline and oil station which he has Gasoline no right to do under the permit authorized by the Board of Appeals.)fMr. Abbott now desires to Hearing use the premises for a gasoline station he must again apply to the Board of Appeals for special permission to do so. This permission must be procured before the Board of Selectmen can. grant him a license for the storage of gasoline and oil. Mr. Nickerson moved that Mr. Abbott be notified of the procedure. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from Paul W.Franks Police submitting his resignation from the Lexington Police Resignation Department effective November 18, 1948. Mr. Emery moved that this resignation be accepted. Mr. Nicker- son seconded the motion, and it was so voted. An application was received from the Boston Use of Hall Market Gardeners Association requesting permission to conduct a meeting in Cary Memorial Hall on Dec- ember 4th from 10:00 A.M. to 5:00 P.M. Mr. Emery moved that the use of the hall be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. Sidewalk Upon motion of Mr. Gay, seconded by Mr. Nicker- Order son, it was voted to adopt an order for the construction of a bituminous concrete sidewalk on the southeasterly side of Waltham Street at property at 178 to 200 Wal- tham Street, inclusive. (Copy of order filed under "Sidewalks"- Selectmen's File - 1948) Upon motion of Mr. Emery seconded by Mr. Gay, it was voted to adopt an order to construct a sewer Sewer in North Hancock Street from Hamilton Road westerly and distant approximately 830 feet. The Chairman called the Board's attention to the fact that the election workers who worked on Nov- • ember second had to work an unusually long period of time, and wondered whether or not the Board cared to make any adjustments in the rates of pay. It was decided to pay the wardens at the rate of $1.10 per hour plus $2.00 for meals, inspectors and clerks at $1.00 an hour plus $2.00 for meals; and tellers 90¢' an hour plus $2.00 for meals. The Clerk was instructed to check with the wardens to determine the number of hours for each worker. Elections 586 :Legal Case - Fulton Brown After receiving notification of the resignation of Elmer Houdlette as a member of the Planning Board it was voted by theBoard of Selectmen and Mr. Adams, Secretary of the Planning Board, acting for the Planning Board, that Mr. Aiden L. Ripley be appointed to fill the unexpired term. The Chairman informed the Board that Mr. Lynch informed him that Fulton Brown has indicated that he is willing to take down the cinder block shed. Mr. Lynch has reason to believe that in addition Mr. Brown would also remove the shed roof. The Chairman said that Mr. Lynch has raised the question now that he raised before, whether or not it is wise having gone so far in court to enter into an agreement with Ir. Brown. Mr. Lynch felt that it might be better for the Select- men'to let the case go to court and be tried. The Board discussed the matter at length and finally decided to have the Chairman contact Mr. Lynch and advise him that the Board intends to invite Mr. Brown to meet with them next Monday to determine whether or not he would be agreeable to eliminate every violation of the Building and Zoning Laws and also pay the legal fees incurred by the Town in this case. The meeting adjourned at 11:45 P.M. A true record, Attest: le , electmen. 0-4 1