HomeMy WebLinkAbout1948-12-1319
SELECTMEN'S MEETING
December 13, 1948
A regular meeting of the Board of Selectmen
was he1d on Monday evening December 13, 1946; at
7:30 P.M. There were present Chairman Paxton
Messrs. Emery, Gay, Driscoll and Nickerson. The
Clerk was also present.
At 7:40 P.M. Mr. Carroll met with the Board
for the drawing of one juror.
Francis 3. Melley, Engineer, 3 Bowker Street,
Lexington was drawn to serve on Civil Business.
Mr. Carroll retired at 7:47 P.M.
A hearing was declared open upon the application
of Russell S. and Beulah p. Davenport for permission
to maintain an underground tank for the storage of Gas
10,000 gallons of #5 and/or #6 fuel oil on property, Hearing
at 482 .Bedford Street for the purpose of heating the
greenhouses. No persons appeared in opposition. The
petitioner was present at the meeting. The Chairman
asked if there were any questions and there were none.
Mr. Emery moved that the application be approved and
the license granted. Mr. Driscoll seconded the motion
and it was so voted. The hearing was declared closed
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 or indentical locations for the Pole
Location
erection of poles on Winter Street, northeasterly from
a point approximately 435 feet northeast of Hazel Road.
No persons appeared in favor nor in opposition. Mr.
Emery moved that the petition tee granted for the relocation
ofthreepoles on Winter Street. Mr. Driscoll seconded
the motion, and it was so voted.
The Chairman informed the. Board that Mrs. Baul
E. Franks telephoned him and requested that the matter
of Mr. Frank's request for reinstatement in the Police
Department be again discussed by the Board. No action
was taken.
The Chairman read a letter from the State Depart-
ment of Public Works advising that a portion of Route
2-a known as the Town Gap has been selected for snow
removal assistance. The Chairman informed the Board
that in previous years arrangements have been made
Request
for
reinstate,
ment
Snow
Removal
20
whereby the State Department e.f Public Works plows
the entire length of Maple Street and the Town of
Lexington plows the entire length of Massachusetts
Avenue; the Toted Gap being that portion from Maple
Street to Marrett Road. It was decided to inquire
as to Whether or not the State would be willing to
continue with this policy.
The Chairman read a letter from the Town Counsel
with reference to the premises owned by Willard
Woodis and the violation of the Lexington Building
Building & and Plumbing By-laws. Mr. Emery suggested that the
Plumbing Town Counsel be advised that it was the Board's
Violations desire to have any changes which mave been made
illegally corrected without prosecution. Mr. Cady,
who installed the plumbing, is to be informed that
because of his status as a veteran of both world wars
the Selectmen desire to be lenient in this case but no
such action will again be tolerated.
At 8:00 P.M. Mr. Frank Graham, who conducts the
Man-a-Minnit Gole'Club, met with the Board. The
Selectmen requested Mr. Graham to be present this
evening for. the purpose of discussing the application
for the renewal of a common victualler's license.
Mr. Graham said that about six weeks ago he asked the
owner of the property What was going to happen during
the coming year and as far as be could learn there
is to be no change. He was told to continue on the
same basis as he is now doing. The Chairman asked
if he served only light refreshments and he replied
in the affirmative. The Chairman asked him if he
were the operator of the entire golf course and he
replied in the affirmative. Mr. Emery moved that the
application for a renewal of common victualler's
license be approved. Mr. Nickerson seconded the
motion, and it was so voted. Mr. Graham retired at
8:25 P.M.
License
Central
Block
The Chairman read a letter from the Town Counsel
to *Joh was attached a letter that he recommends send-
ing to Mr. Scott, owner of the Central Building. He
stated that if the letter meets with the Board's
approval it should be retyped on the stationery of
the Building Department and signed by the Plumbing
Inspector and sent by registered mail. Mr. Lynch
mentioned in the letter "not later than November first,
1948". The Board felt that it would be better to
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state "early in November". Mr. Emery moved that
the letter be referred to the Building Inspector
with the proposed change providing Mrr. Lynch has
ho objections. Mr. Nickerson seconded the motion,
and itiwas so voted.
The -Chairman read a letter from Dr, Edward F. Retirement
Bowman, Dr. Willard Hunt and Dr. Harold J. Crumb,
the medical panel Who examined Lieutenant Neal
as a result of his application for retirement. The
panel found that the applicant for retirement is physically
incapacitated for further duty at this time and that such
incapacity is likely to be permanent and that the disability
is such as, beyond reasonable doubt, the result of the
accident undergone under which such retirement is so
claimed and so recommended. Mr. Emery moved that Lt.
Frank T. Neal's application for disability retirement
,ba approved. Mr. Driscoll seconded the motion, and it
was so voted.
At 8:30 P.M. Mr. DeFoe, Supt. of Public Works,
met with the Board. He presented a plan entitled
"Drainage Sketch East Lexington Survey" and explained
that water from the catch basin drains into a house
built on the corner of Ames Avenue.<:said there is ap-
parently no way to take care of this condition. The
Chairman thought that possibly a cut could be made
through Ames Avenue. The Chairman said that he believed
the situation is serious enough for the entire -Board
to look at it and suggested that the Supt. of Public
Works include an item in his 1949 budget to take care
of the drainage in this area.
Mr. DeFoe reported that Greenough Bros. communi-
cated directly with Metcalf and Eddy and requested an
extension on both sewer contracts. Mr. DeFoe advised
the Board that the contractor had on November 19th the
pipe necessary to complete the Mill Brook Sewer job but
as of November 26th he did not even have the trench
oompleted. The Chairman explained that the penalty is
$25. a day. He further stated that the Town is paying
approximately $ 680 a month for engineering. Mr. DeFoe
said that Metcalf and Eddy recommends an extension of
30 days on the Mill Brook Sewer job but they do not
recommend an extension of time on the South Branch, but
that it be held in abeyance. Mr. Gay said that he
could see no reason Why the town should be put to the
expense of carrying these engineers nor could he see
any reason for extending the contracts further. The
Chairman asked if Mr. Gay was making this as a motion
and he replied in the affirmative. Mr. Emery asked
what the practical result would be for the town in
denying the request. The Chairman explained that
the practical result would be for the contractor to
complete the job as soon as possible. He said he is
Deny.
Extension
of con-
tract
22
A15atement of
Water Better-
ment
discussed
Licenses
faced with the possibility of a isnow-storm at any
time. Mr. Emery asked if it were unusual to en-
force this type of contract and the Chairman replied
that he has never seen it one way. or the other.
Mr. DeFoe stated that the Town Counsel felt that
the contract was drawn % so that the Town could
collect. Mr._DeFoe read a letter from Metcalf and
Eddy and Mr. Nickerson said thathe would gather
from this letter that it may be unusual to enforce
the penalty clause. Mr. Gay moved that the request
for an extension of time on contract C-1 be denied.
Mr Emery seconded the motion and it was so .voted.
Mr. Gay then moved that the request for an extension
of time -on contract "A" be denied. Mr. Nickerson
seconded the motion, and it wasso voted.
Petitions for abatement of water betterment
assessments submitted by Johnson and Johnson,
Attorneys for Ernest B.Johnson, Jr. and Everett
Kourian, were held over from last week. Mr. DeFoe
presented a plan of the water main in Grove Street
and explained that Mr. Johnson was assessed for
1170 feet. Four hundred (400') feet of this
amount was assessed in 1947 and abated leaving a
balance of 770.feet. He reported that according to
his information Kourian had 1,180.f eet of frontage
of which 140 feet was sold to an individual by the
name of Harvey. The. Assessors informed him that
another 100 feet was sold but he does not know the
nameof the purchaser. It brings the total down
to 940 feet and Kourian claims that he had an
actual frontage of only 930 feet. The Chairman
stated that the assessments are based on the owner
as,of January first. Mr. DeFoe explained that the
figures he used were taken on the old layout so
there may be ,some discrepancy. The Chairman requested
Mr. DeFoe to determine the frontages on the new layout
and submit it to the Board next week. Mr. DeFoe
retired and Mr. Depaolo met with the Board relative
to his application for a pool and billiard license.
The Chairman explained that the Board had
previously denied his request based on the f act that
generally pool rooms and billiard rooms are not an
asset to any community. He said that evidently
Mr. DePaolo had approached Mr. McKearney of the
Colonial Motors who in turn contacted the Chair-
man. The Chairman explained that the Board would
be glad to hear anything that Mr. DePaolo had to
say but the members wouldnot commit themselves one
way or another. Mr. DePaolo stated that he is running
his present bowling alleys at a loss and has a lease
1
1
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with the landlord. He said that he cannot see any
other way to make a living and thought the license
requested would help him. He said he would allow
no'individual under 18 years of age to play pool.
He said that if he is granted permission to maintain
pool tables he will have to close three bowling alleys,
and if it works out satiafac i_riJ.3 he will eventually
operate.it as a billiard and pool room with no bowling
alleys. The.Chairman asked him where he lived and he
replied that he lives at 19 Hibbard Street. Mr. Every
asked at what hour the bo*ling alley was closed and
Mr. DePaolo replied that he closes about 10:00 or 10:30
P.M. He said that he does not open on Sundays bemuse
he cannot afford the license fee. Mr. Emery asked if
he would purchase tables and he replied that a_ friend
of his has. three tables that he can buy for $ 75.00;
otherwise, he would have to purchase them on time.
The Chairman asked if the license were granted on a
temporary basis and revoked at the end of the three
months, would it be difficult and Mr. DePaolo replied
in the affirmative. He retired at 9:45 P.M. Mr. Driscoll
moved that the license be granted. Mr. Finery seconded
the motion, and it was so voted..
The Clerk was. instructed to advise Mr. DePaolo that
in the. event he anticipates a substantial expenditure
in connection with these pool and billiard tables he
should realize that this license is on a trial basis
only.
It was decided to meet Saturday morning to discuss
budgets and the Clerk was instructed to invite the
Board of Fire Engineers to meet with the Selectmen at
11:00 A.M. on Saturday.
The meeting adjourned. at 10:10 P.M.
A trite record, Attest: