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HomeMy WebLinkAbout1949-01-1044 SELECTMEN'S MEETING January 10, 1949 A regular meeting of the Board of Selectmen was held on Monday evening, January 10, 1949 at 7:30 P.M. in the Selectmen's Room. There were present Messrs. Paxton, Emery and Driscoll. Mr. Gay arrived later in the evening. The Clerk was also present. At 7:30 P.M., hearing was declared open upon the petition of thepostoa Edison Company and the New England Telephone & Telegraph Company for joint pole locations for the erection or construction of poles along and across the following public way: Grant Street, southerly from a point approx- imately 550 feet south of East Street - three (3) poles. Mr. J. T. Carlson was the only person present at the hearing. Mr. Driscoll moved that the petition be ap- proved and the order signed, subject to the approval of the Town Engineer. Mr. Emery seconded the motion. The hearing was declared closed at 7:40 P.M. and Mr. Carlson retired. Mr. Gordon Richards met with the Board and explained that he is constructing a house on Somerset Road which necessitates the removal of a large elm tree. He was advised by Mr. Garrity that it would be necessary to obtain approval from the Board of Selectmen inasmuch as the tree is located on Town property. Mr. Driscoll du ved that the request be granted. Mr. Emery seconded the motion, and it was so voted. Mr. Richards retired at 7:50 P.M. and Mr. Nickerson arrived at the meeting. Mr. Fulton Brown met with the Board and stated that he has been in business in Lexington since 1930 and has evidently made a mistake which he regrets. He advised the Board that he has taken down the cinder block structure and discontinued the tumbling barrel but has not had time to take it in. He has also taken down the shed which was considered an addition to the building. He told the Board that he has done all this and wants the Board to know that he is not just talking. He likes Lexington and did not mean any harm. He stated that in fact he did not know he was going as far out of bounds as he has apparently gone and he hoped that L 1 1 1 4 Fulton Brown this would be the end of it. The Chairman informed the ReViolations Board that he went up to Mr. Brown's place of business at his invitation, and the shed roof, which precipitated the complaint,from the Lexington Trust Company, was being taken down. Mr. Brown stated that he had made a mistake and he is trying to reeti;y it. Mr. Every asked in what respect the building does not conform to the Board of Appeals and Build- ing Laws. Mr. Brown replied that it is just the same now as it was before he put on the roof. Mr. Finery asked if there were any other issues on which the Building regulations or the Board of Appeals decisions had been violated. The Chair- man replied that the first violation occurred two or three years ago when Mr. Brown joined two separate buildings together and put a roof over the connection. This summer the constr- uction of the said roof on the outside brought abouA the corgplaint which resulted in the investigation and action being taken by the Town. Mr. Driscoll asked if the building now was the same as it was at the time it was used for a blacksmith shop. Mr. Brown replied in the affirmative and explained that there was 19" between the two buildings. The rear of the building was always joined together and was that way when he purchased the property. He explained that the front end was open and it was a nuisance. The snow between the two build- ings resulted in water running down both walls and seeping into floors of the two buildings. He asked the Building In- speckor for a permit to connect the buildings and was told he did not need a permit because it could be considered as repairs and not new construction. Mr. Brown retired at the Board's request. The' Board discussed the subject and Mr. BDmwn returned to the meeting at 8:10 P.M. The Chairman explained that the Board of Selectmen is sympathetic with Mr. Brown's problem but that does not mean that they con- done it. The Buildings were connected after the Board of Appeals, on a technicality, denied his request. He stated that the Board recognizes that there was a practical reason for connecting the building and a letter will be written to the Lexington Trust Company advising them the shed roof has been removed and the tumbling barrel eliminated, and to ask if they ware willing to drop the complaint. He ex- plainted that because there is a violation the Board cannot guarantee what will happen some time in the future whether it be a month from now or two years from now. If the Trust Company is not satisfied the Board will be forced into proceedings. Mr. Brown retired at 8:15 P.M. and Mr. De - Foe met with the Board. Mr. DeFoe presented quotations received for cast iron Bids pipe (itemized quotations filed under "Bids --Selectmen's Files, 1949") Mr. Driscoll moved that the Sup+t. of Pub- lic Works be authorized to accept a bid of the Warren Pipe Co. of Mass. for supplying 4,000' of 6" pipe; 3,000' of 8" pipe, and 16,0001 of 12" pipe. 46 Betterment Assessment - Bean Mr. DeFoe reported that Mrs. Bean, who owns property on Bedford Street, which the Recreation Committee is considering for a playground, has questioned the sewer betterment assessment levied against her property. She contends that t e sewer is of no value to her. A division of th ropertr was started some time ago, but it has reverte to acreage. The Chairman said that he thought there were two lots that could be serviced and in his opinion the maximum theBoard could do would be to defer payment. Upon motion of Mr. Finery, seconded by Mr. Driscoll, it was voted to extend the time for payment of the sewer betterment assessment levied against Mrs. Bean until the land in question or any part of it is sold; the land or any part of it is built upon; or until Mrs. Bean avails herself �f the improved sewer facilities, Which- ever occurs first. Mr. DeFoe informed the Board that Mr. Coughlin on Dexter Road is dissatisfied with the sewer better- ment assessment levied against his property. Mr. DeFoe presented a sketch of the property in question and stated Abatement that Mr. Coughlin wants 7.22' abated claiming that it cannot be built upon. The Chairman explained that this is a part of Lot # 36. One is in land court area and one is not but it is still part of the same lot and the assessment is justified. Mr. DeFoe presented a sketch of the property owned by D. Sicari deAmicis on Bedford Street and stated that Mr. de Amicis does not want to pay the assessment on Abatement Lot 1 Reed Street. He owns lots 5A - 6 - 7 on Sunnyknoll Avenue and questions the assessment of Lot 5A. He claims that there is not enough land for the house. The Chair- man explained that Mr. de Amicis needs #5A and the adjoining parcel to conform to the present requirements of 12,100' and therefore the installation of sewer will benefit his lot. The Chairman said that in his opinion the 21.86' on Lot 1 Reed Street might be abated because this is only a travelled way, used as an egress from the rear lots. Upon motion made by Mr. Nickerson, seconded by Mr. Emery, it was voted to abate the sewer betterment assessment of 21.86' on Lot 1 Reed Street. It was further voted not to grant any abatement on Sunnyknoll Avenue. Water Order Mr. DeFoe informed the Board that he has obtained 63% of the signatures of property owners on Manning Street requesting a construction of a water main. He stated that he has sufficient pipe as well as Sufficient funds to do the work. Mr. Emery moved that the order be signed for the construction of a water main 1 47. im Manning Street from the end of the existing main at house #8 and extending southwesterly a distance of approximately 315 feet. Mr. Nickerson seconded Water the motion, and it was so voted. Order Mr. DeFoe raised the question as to whether the sewer projects for Bow Street, Fair Oaks and Farmcrest should be included in the Warrant under Sewers seperate articles for action at the annual Town Meeting. The Chairman explained and the Board agreed, that it might be better to have it all included in the Sewer Construction - Sundry Streets Account. Mr. DeFoe inquired as to how he should provide the funds necessary for the installation of stone bounds Stone which will cost approximately $ 2,500. The Chairman Bounds said that provisions could be made in the Highway Main- tenance Budget, but if so, that account will definitely have to have sufficient funds and he thought it would be better to have a separate appropriation. A petition for the abatement of water bettemnent Abatement assessment filed on behalf of Ernest B. Johnson, Jr., 45 Grove Street was held over. The members of the Board personally walked this area and decided in favor of deferring payment tntil the land in question or any part of it is built upon; the land or any part of it is sold; or until the Mr. Johnson avails himself of the improved water facilities. The Clerk was instructed to request the Town Counsel to reply to the petitioner's attorneys. Mr. DeFoe retired at 8:50 P.M. Messrs.. .Edward and Thomas Connors met with the Board because of the numerous complaints being received at the Town Office relative to the garbage collection through- out the town. During the discussion the Chairman suggested that forms be printed whereby the Collector could indicate the reason why garbage may not have been collected, and Mr. Connors appeared to be in favor of the suggestion. They retired at 9:15 P.M. An application was received from Stanley Hill poet American Legion, requesting permission to conduct a ban- quet and dance in Cary Memorial Hall on the evening of February 22d from 6:00 P.M. to midnight. Mr. Finery moved that the use of the hall be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. Use of Hall 48 The Clerk informed lit lgoard that Mr. Wagner of the Lexington Sand & Gratael Co. has requested the appointment of Arthur A. Gennetti and Paul Wagner, Jr., as public weighers. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to appoint Gennetti and Wagner public weighers in the Town of Lexington, for a term expiring March 31, 1949. The Chairman read a letter from the Lexington Allied Veteran's Council submitting nominations of individuals to serve as the Patriot's Day Committee. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to make the following appoint- ments to the Patriot's Day Committee: Peter Zttso, American Legion, Post #38 Martin F. Bashian, Lexington Minute Men, Inc. Irving L. Moore, V. F. W. Post #3007 Albert H. Burnham, Sons of Union Veterans George E. Foster, State Guard Veterans.Ass'n. Julius Seltzer, Counsel, Ex -Officio Albert G. Frothingham, Counsel, Ex -Officio. The Clerk informed the Board that the Chief of Police would like to have the period of time within which the appointments are to be made to the Police Department, extended for two more weeks. Mr. Pinery moved that the Division of Civil Service be requested to extend the time for the provisional appointments an additional two weeks. Mr. Driscoll seconded the motion, and it was so. voted. The meeting adjourned at 10:20 P.M. A true record, Attest: er S� rzCi Prj 1