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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 1 21 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 23 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: