Loading...
HomeMy WebLinkAbout1948-11-15J7 SELECTMEN'S MEETING November 15, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, November 15, 1948. There were present: Chairman Paxton, Messrs. Emery, Gay and Nickerson. The Clerk was also present. At 7:45 P.B. Mr. Lynch, Town Counsel, Fulton Brown and his counsel, Mr. Carr,met with the Board. Legal The Chairman said the Board had invited Mr. Brown Case -- to attend this meeting for the purpose of discussing the legal case which the town has against Mr. Brown. Fulton The Chairman said that undoubtedly Mr. Brown was Brown familiar with the bill which has been entered in Court. If presented and the Court decides the town is right Mr. Brown will be found to be violating the Zoning By-laws by conducting a business in a R-1 zone, and if the Court so decides could be stopped from carrying on his business. The Chairman explained that there are also violations of the building code and violations of the decision made by the Board of Appeals. He explained that the Board of Selectmen would like to discuss this matter rather than going to Court whereby there is a possibility that Mr. Brown may be put out of business. Mr. Brown said that as far as he is concerned he has nothing against the Town of Lexington and that he is not destructive. Mr. Brown said that he did not go ahead and do anything just because he could not Lset a permit. The Chairman explained that in 1945 Mr. Brown had requested permission from the Board of Appeals to join two buildings together. The decision was not favorable but Mr. Brown proceeded to join the buildings. He further explained that in 1947 Mr. Brown obtained a permit to do some work on his roof. The permit expired and then Mr. Brown proceeded to do the work. Mr. Carr stated that work was started in ample time but it was not completed within six months. Mr. Brown said he did not go ahead and change the roof because of the weather. This year he did change it without a permit because the Building Inspector had told him he would not need a permit. The Selectmen asked him about the addition. Mr. Brown said that was something entirely different. The Chairman stated that it is the addition which brings this matter up for discussion. Mr. Brown said he believes the addition improves the building. The Chairman said it was con- struction for Which he believes a permit should hive been obtained. Mr. Brown said he does not consider it a building and was not aware that he should have a permit. Mr. Carr said that he has grave doubts about the character of the container designed to prevent noise but he thought it could be fairly called an enlargement or an extension of the build- ing. Mr. Brown said that the only objection he had received was one day Doctor Pyle came over and asked what he was doing. He said he advised Doctor Pyle he was tumbling horseshoes which apparently was disturbing. Mr. Brown said that he agreed that he would not run the tumbling machine during the Doctor's office hours. Mr. Brown said that he asked to erect a building 8' wide, 20' long and 8' high. Mr. Carr said that the Board of Appeals had denied him and from a lawyer's standpoint he thought he would be inclined to rule that that Mr. Brown want- ed was a building and that it should come out. Mr. Carr said he would expect the Court to rule against the cinder block. The Chairman explained that the Board of Selectmen had received a written complaint which started this entire action and the Board would like to arrive at something agreeable if possible. The Chairman said that the Board had discussed this matter last week and unless the members have changed .their mind they thought that some effort should be made to eliminate those things that caused the com- plaint. He said that complaint was precipitated by the supposed addition which was the shed roof and the tumbling barrel_. Mr. Carr said that Mr. Brown would not hesitate to eliminate the tumbling barrel]. Mr. Brown said that he would admit that was a mistake and he will be very glad to take it out. The Chairman asked how the Board felt about the roof and Mr. Emery suggested that Mr. Carr and Mr. Brown retire for a few minutes which they agreed to do. Mr. Nicker- son said that there was nothing that could be done but to ask for the elimination of the various vio- lations. He said there have been objections and violations. Mr. Emery said he thought the same way. He did not believe the Board should allow a property owner, by negotiating from another Board, a change he could not secure from the Board of Appeals. Mr. Brown and his. attorney returned to the meeting. The Chairman explained that the Board felt this was a fairly serious subject and would prefer to have a little more time to think it over and not arrive at 1 a decision this evening, Mr. Carr said he thought the Board was being very fair and he said that Mr. Brown would take down the tumbling barrel::'but did not want to move anything while this matter was pending. Mr. Brown said it is a very bad time to move the barrell because he is going into his peak season and he would like to be given a little time. Mr. Emery asked him when his peak season would be over and Mr. Brown said it went right into Christ- mas. Mr. Carr and Mr. Brown retired at 8:35 P.M. Mr. Lynch explained that there was a strong possi- bility that this case will be listed for trial next week. He said he thought the Court would be very liberal as to when the unit should be taken down. Mr. George Morey met with the Board relative to the proposed installation of a sewer on North Hancock Street. He explained that about a year and a half ago a petition was circulated which he was asked to sign but which he refused to sign, but 43% of the abutters by frontage signed the petition for the sewer in North Hancock Street. Mr. Morey said that he doubted if there was any trouble but if there is and there is a health menace he wished the Board would so determine. He said that if the Board determines that the sewer is necessary he will pay his 060 assessment. Mr. DeFoe,came into the meeting and gave the Board the original petition which requested the installation of the sewer. The Chairman explained that according to the information that the Board now has there were three overflowing cesspools which indicates that there may be a problem in that area. The Chairman asked if the Board would agree to have a similar petition made up and have Isar. Morey take it and have .the abutters sign as to whether or not they wanted the sewer. Mr. Morey said he declined to circulate on the sub- ject. He suggested that the Board of Health or Mr. DeFoe inspect the situation and if the Board still feels, after receiving the reports, that it is necessary he will withdraw his objection. The Chairman asked how the Board felt and Mr. Emery said he was in favor of securing more information and holding up the work. The Clerk was instructed to write to the Board of Health advising that a request for the sewer was received but a reasonable doubt has arisen by some of the 589:: Sewer 590 Water for Bedf ord Hospital Trees abutters as to the necessity, and to ask for a report. Mr. Emery asked if Mr. Morey.mould be satisfied and he replied in the affirmative. Mr. Morey and Mr. Lynch retired at 9:00 P.M. Mr. DeFoe presented a plan showing the pro- posed water main beginning at Tewksbury Street, breaking at North Hancock Street, staying on that side in the Old Sewer trench until just beyond Mr. Paxton's house. He explained that the State wants the line to go into the sidewalk from there and it will continue to Winter and down Westview Street. He said that an estimate of the cost based upon this sketch including gates, etc., is $157,000. for the entire job. The Chairman said that assuming that the job would cost $160,000. the Board may not feel justified in asking the Town Meeting for this money and on that basis if the government will appropriate the money for the construction and see that the construction is done, the Town will charge 13 per 100 cubic feet, which is the minimum rate. The Town can credit to them 50% of their bill for a period of time until $60,000. of the $160,000. has been reimbursed to the Federal Government. Mr. DeFoe said he did not think they would want to pay 13' per 100 cubic feet and that 9c/ or 104 would be more in line with 'hat they want. The Chairman suggested that Mr. DeFoe contact Mr. E. F. Gates, the Acting Director, and ask him to come out and view the estimates and plans prior to next Monday night at which time they will meet with the Board at 9:00 P.M. The Chairman read a letter from Ernest E. Alger, 194 Waltham Street, requesting the removal of two elm trees which he claims will be an obstruction to the new sidewalk. A letter was received from Mr. Garrity informing the Board that the construction of the sidewalk Itis to be constructed. He recommended that the Board consider this an emergency and that the trees be removed at once without being posted. Mr. Emery moved that Mr. Garrity's recommendations be followed and that an emergency be declared authorizing, the removal of the two trees at once eliminating all posting, etc. Mr.. Gay seconded the motion, and it was so voted. * in this area has been commenced and the two trees mentioned by Mr. Alger are in the center of where the sidewalk 591 Mr. DeFoe reported that he had conferred with Mr. Garrity relative to renting the bleachers. Mr. Garrity is not in favor because he feels that they will be damaged more in transportation than there will be by being used for several games. Mr. Emery asked who was in charge of the bleachers, and the Chairman replied that last week when the Board discussed this the decision was made to request Mr. Garrity to give his recommendations. He said that personally he felt that most cases like this should be the responsibility of the Recreation Committee when they know what it is all about, but at this par- ticular time he thought Mr. Garrity was in a position to Inow better what to recommend. Mr. Emery moved that Mr. Warren be advised that the Board has been informed that to rent the bleachers it would possibly cause more damage in transportation then would be caused by the use in several games, and that it was voted to deny all requests for rental of the Town bleachers. Mr. Nicker- son seconded the motion, and it was so voted. The Chairman read a letter from the State Department of Public Works listing bids received covering work to be done on Grove Street. The Commissioners recommend that the contract be awarded to the lowest bidder and requested the Board to let the Department know if there are any objections to awarding the contract to the lowest bidder. Chapt. 80 Grove Street A letter was received from the Department of Pub- lic Works approving asof October 15, 1948, the work done under Chapter 90 under contract # 10916. The Chairman read a letter from the East -Lex- ington Mems Club requesting that the skating rink Skating at the Adams School be cleared so that it would be Rink available for skating this coming winter. Mr. DeFoe said he thought he could take care of this and request- ed a copy of the letter. The Board gave further consideration to requests Barnes submitted by Mr. Philip Johnson on behalf of the Property Sachem Council, Boy Scouts, for permission to rent rooms on the second floor of the Barnes property. Mr. DeFoe said that there would be some repairs necessary in the plumbing and heating system which he thought would not cost over $50. The Chairman 592 Bd. of Health Pole Location Traffic on Hancock Street asked if the Board thought the building should be rented to the Council and Mr. Emery questioned. whether the Board could rent it legally. Mr. Nicker- son said he did not believe the Board would be crit- icised for renting space to the Boy Scouts. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to rent space to the Sachem Council, Boy Scouts, at the rate of y$'65.00 per month; the Town to supply heat and electricity and the Council to supply its own janitorial service. Mr. Gay again brought up the subject of the dump on Lincoln Street. The Chairman said he felt . this was a Board of Health problem and thought they might like to have a committee appointed. The Clerk was instructed to write to Mr. McQuillan, Chairman of the Board of Health, advising him that the problem of refuse collection and disposal was discussed by the Board, and ask him for an opinion as to whether or not they could handle a complete study of this problem or if they preferred to have the Selectmen appoint an outside committee. If this committee is to be appointed the Board of Health is to so advise the Selectmen who will make the appointment. Mr. DeFoe retired at 10:10 P.M. A petition was received from the Boston Edison Company and the New England T. & Tel. Co. for permission to relocate a pole on Hancock Street. Mr. Emery moved that the petition be granted,aiid the order signed for the removal of one pole approx- iately 630 feet southwest of North Hancock Street and the placing of one pole 635 feet southeast of Hancock Street. Mr. Gay seconded the motion, and it was so voted. The Chairman read letters from Bradford C. & Mary H. White, 3 Hancock Avenue, William M. Swift, 34 Hancock Street, and G. B. Colesworthy, Jr. 23 Hancock Street, with reference to traffic on that street. The Chairman reported to the Board that he has checked with the Chief of Police and also with officers in the Police Department and he finds that there has been a very definite effort on the part of the Police Department to patrol this street and it is undoubtedly the people who live in the town that are speeding on the streets. The men 1 are up there as often as they possibly can and the Chairman said maybe the erection of signs would be of some help. He asked how the Board felt about it. Mr. Gay said he was on Hancock Street shortly after the accident occurred and the lighting is bad. The Chairman explained that all the streets in town have similar lighting. Mr. Nickerson reminded the Board that the com- plaints received were tore against speeding then lighting. The Chairman said that the Board received a report from the Police Department showing that during the month of October there were 66 police traps. The Chairman said that Mr. Colesworthy claims that the larger amount of speeding is about eight in the morning and 5:30 at night. At 8:00 in the morning the police officers are on duty at the schools and there are no men available for speed traps. At 5:30 the officers are on duty in Lexington Center. Mr. Emery asked if the regular men could be hired for extra duty and the Chairman replied in the affir- mative. Mr. Emery said he thought the Board should make an effort to have the traffic controlled. The Chairman suggested that the Chief of police be re- quested to have four traps a week on Hancock Street for the next two weeks between the hours of 7 and 9 in the morning and 4:30 and 6:30 at night. He further suggested that every car stopped be pro- secuted with absolutely no fixing or warning. Mr. Emery moved that the Chairman's suggestion be ap- proved and that he convey it to the Chief of Police. Mr. Nickerson seconded the motion, and it was so voted. A letter was received from the Town Clerk stating that he has in his possession a letter of resignation dated October 29, 1948, from Ebner Houdlette as a member of the Lexington Planning Board to become effect ive November first. The Clerk was instructed to write to Mr. Houdlette and state that inasmuch as he is a member of the Board of Appeals, because of his connect- ion with the Planning Board, the Selectmen assume that he intends to resign from the Board of Appeals also. The Chairman read a letter from the S adent Council requesting permission to march from the Common to the school November 24th at 7:45 P.M. Mr. Emery moved that the request be approved provided approval is received from the Chief of Police. Mr. Nickerson seconded the motion, and it was so voted. 593 Traffic on No. Hancock Street Resign- ation from Planning Board P ermi t 594 Special Police Denied Resignation Police Department Transfer The Chairman read a letter from James F. Cooney inquiring about the possibility of his obtaining a special police badge. The Chairman also read a report from the Chief of Police. The Clerk was instructed. to advise Mr. Cooney that due to the large:number of kpecial police officers already appointed tpf BQiarddeems it advisable not to increase the list at this time. The Chairman read a letter from Lt. Frank T. Neal advising the Board that it is necessary for him to request retirement because of the fact that he is suffering from arthritis in both hips and the lower spine. Upon motion of Mr. Emery, seconded by Mr. Nicker- son, it was voted to appoint Dr. Harold Crumb to serve on the medical panel to examine Lieutenant Neal. A letter was received from the Welfare Agent requesting a transfer of $700 to the Aid for Dependent Children - Aid and Expense Account. Mr. Emery moved that the Appropriation Committee be requested to transfer $700 from the Reserve Fund to the Public Welfare for Aid to Dependent Children - Aid and Expenses. Mr. Gay seconded the motion, and it was so voted. An application was received from Lt. Ronald Winder requesting permission to conduct a meeting Use of Hall and lecture in Estabrook Hall on the evening of Nov- ember 24th frorfi 8:00 P.M. to 11:00 P.M. Mr. Emery moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. Upon motion of 'Mr. Nickerson, seconded by Mr. Emery, it was voted to sign the deed prepared by the Sign.. deed Town Counsel conveying lots 197 and 198 Rindge Avenue to Joseph A. Moretti. School property The Chairman read a letter from the School Depart- ment stating that at the present time the School Committee plans to use only the land adjacent to the Fiske School for school purposes with the remainder of the lot being held for community playground. The School Committee is bringing this to the Selectmen's attention as they thought the town might wish to develop the land for general community use. The meeting adjourned at 11:20 P.M. A true record, Attest: r. ee lectrnen. tftwal Sad r