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HomeMy WebLinkAbout1949-01-1753 SELECTMEN'S MEETING January 17, 1949 A regular meeting of the Board of Selectmen was held on Monday evening, January 17, 1949, in the Selectmen's Room. There were present: Chairman Paxton, Messrs. Emery, Gay and Nickerson. The Clerk was also present. At 7:30 P.M., a hearing was declared open upon the Gasoline application of F. K. Johnson, Inc., for permission to Hearing increase the capacity of underground tanks for the storgge of gasoline from 4,000 gallons to 6,000 gallons, on the premises located at 39 - 41 Bedford Street. A notice of the hearing was read by the Chairman. No persons appeared in opposition and the petitioner was the only individual present in favor. He explained that the Gulf Oil Co. would like to eliminate some of their delivery trips and by increasing the present capacity they could leave a full load at one time. He stated that there would be no additional pumps. Mr. Emery moved that the application be approved and the license signed. Mr. Gay seconded the motion, and it was so voted. Mr. Johnson retired at 7:40 P.M. Mr. Charles Hall and Mr. W. S. Couette met with the Sewer Board to discuss the sewer betterment assessment levied Bettermerl against Mr. Hall's property on North Hancock Street and Assess- Bertwell Road. Mr. Couette explained that Mr. Hall pur- ments chased the property from Mr. Crary who understood at the time that the overall betterment assessment on the sewer would not run in excess of $410. Mr. Hall has now received a betterment assessment bill on Bertwell Road in the amount of $ 284. He explained that Mr. Hall's garage is located on the parcel of land fronting on Bertwell Road, which piece of land could, at some time in the future, be built upon. The Chair- man asked if the back land were subdivided and Mr. Couette replied in the negative. The Chairman askbd if it were possible to make a buildable lot upon this parcel of land, and Mr. Couette replied in the affirmative provided the garage is moved. Mr. Couette explained that Mr. Hall's houseis located well back from North Hancock Street and he has been billed for the entire frontage which is a long frontage on North Hancock Street. Mr. Hall's contention is that in direct proportion to the benefit accruing to him the charge is excessive. The Chairman said that regardless of what Mr. Crary may have said the maximum betterments were filed at the Registry of Deeds in 1946 and he would assume that they would have been dis- covered by any attorney making an investigation of the title. Mr. Hall stated that at the time he purchased the property he was told that a sewer had been installed in North Hancock Street and he has received a bill in the amount of $ 410. He has now received a bill in the amount of $ 284. for the sewer in Bertwell Road. Mr. Hall stated that he has no intention of selling any portion of his land or of moving the garage. • 54 Betterment Assessment Planning Board Recommend- ations Signs The Chairman stated that regardless of whether it occurs now or some time in the future, it can be assumed that the land on Bertwell Road can be built upon and would, therefore, have a subsequent better- ment. He explained that the Board has on occasions deferred payment and asked Mr. Hall to give the Board an opportunity to check with the Engineering Department to determine whether or not any error has been made in figuring the assessments. Mr. Hall and Mr. Couette retired at 8:00 P.M. The Chairman read a letter from the Boston & Maine R. R. Company relative to a swim- betterment assessment, bill in the amount of $ 236. It was stated in: the letter that the property on which the betterment has been assessed has not been benefited by the installation of the sewer. The bill has been paid under protest and the Board asked to consider an abatement. The Clerk was instructed to acknowledge the letter and advise the Boston & Maine R. R. that in the Board's opinion there is a betterment to the land even though it is not used at the present time. The Chairman read a letter from the Planning Board recommending that Burlington, North and School Streets and Paul Revere Road be newly laid out. The Planning Board also suggested consideration be given to the extension of Williams Road to Grove Street as the best potential bus route for that section. The Chairman advised the Board that he thought it might be advantageous to request the County Commissioners to relocate and direct specific repairs on the following streets: (1) Burlington Street, from Hancock Street to North Street. (2) North Street, from Burlington Street to Lowell Street. (3) School Street, from Mass. Avenue to Marrett Road. (4) Paul Revere Road, fromCedarStreet to Mass. Avenue. A letter was received from Clark Sign Co. requesting permission to erect a neon belt sign on the front of Berman's Liquor Store. The Building Inspector explained to the Chairman that the sketch submitted by the company indicates two signs which is in violation of the present building by-laws. The Clerk was instructed to advise the Clark Sign Co. that the Building By -Laws of the Town of Lexington provides that there shall be not more than one exterior sign for each firm or business occupying a build- ing, and all such signs shall be erected flat againat the building projecting not more than ten inches from the face of the wall. All construction details must be checked with the Building Inspector for approval. No bond is required inasmuch as the sign is to be erected in one day. 1 55 At 8:15 P.M., Mr. William G. Potter met,with the Board relative to a water betterment assessment levied on property owned by him and Charles E. Ferguson, and located on Grove Street. He informed the Board that the Boston Edison Company had taken an easement and, Abatement therefore, there is a portion of the land owned by them that would receive no benefit from the installation of the water main. The Chairman asked if Mr. Potter had received a settlement from the Boston Edison Co. and he replied in the affirmative. He explained that the EBisnn took the easement before the water main was installed. The Chairman asked if the Board had any questions and there were none. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to authorize the Suptt. of Public Works to prepare the necessary forms for the abatement of $250., a portion of the water betterment assessment levied against Charles E. Ferguson and William G. Potter, on property owned by them on Grove Street. Mr. Potter retired at 8:25 P.M. Mr. James Aker, of Valley Street, met with the Board. He stated that he had received a sewer betterment assess- ment bill which he is questioning. He stated that the Lex- ington Coal Company has a right of way through his land and, therefore, the sewer is of no benefit to him. The Chairman explained that the right of way was.iomething be- tween the Lexington Coal Company and Mr. Aker and has Abate - nothing to do with the Town of Lexington. Mr. Aker said went that the area, was not correctly determined. The Chairman said that the Board would be very glad to have it checked by the Engineering Department. Mr. Aker said that the betterment is of no value to him and theChairman explained that if houses are built upon his land there will be a benefit and Mr. Aker agreed. He retired at 8:40 P.M. The Clerk was instructed to request the Town Engineer to determine the distance to the nearest 100th of a foot and obtain the area accurately. The Chairman read a letter from W. S. Couette requesting the installation of street lights on Bucket Drive, Churchill Lane, Locust Avenue, Dawes Road and Cedarwood Street Terrace. The Clerk was instructed to advise Mr. Couette Lights that his request would be placed on file until July at which time all requests for street lights will be considered. The Chairman read a letter from the Town Counsel relative to the land owned by the town and taken by the Boston Edison Company for transmission line purposes. The members of the Board felt that some mutual agreement Edison could be arrived at whereby the town might be compensated Co. for the abatements of water betterment -assessments levied against property through which the Boston Edison Company has taken an easement. The Chairman agreed to discuss this subject with the Town Counsel. 56 Use of Hal l A request was received from the Lexington Choral Society for permission to conduct a concert in Cary Memorial Hall on the evening of April 8th Ond a re- hearsal on the evening of April 7th. Mr. Emery moved that the use of the hall be granted subject to a charge of $35.00, the use for the rehearsal to be free of charge. Mr. Gay seconded the motion, and it was so voted. The Clerk informed the Board that Mr. T. J. Mahoney of 1 Allston Street, Dorchester, has requested per- mission to distribute cards to school children Advertising advertising World Book Encyclopedia. In discussing Scheme this with Mr. Grindle the Clerk was advised that he was not in favor of the idea as he believes it is merely a selling scheme and may establish a precedent;, Mr. Emery moved that the request be denied. Mr. Gay seconded the motion, and it was so voted. The Clerk informed the Board that Mrs. Cyril A. Baker had called at the Selectmen's Office to inquire as to whether or not it would be possible to have an Abatement rahbulance charge billed to her, cancelled. The ambulance was called by the Police for her son, 13 years old, who is subject to epileptic attacks. He was taken from the Barnes property to his home which is only a very shott distance, and she felt if an older policeman had been present the ambulance would not have been called. Mr. Baker has been in the hospital for three months. There are three children in the family and no source of income. Mr. Emery moved that the charge be abated. Mr. Nickerson seconded the motion, and it was so voted. An application was received from the War Parents of America requesting permission to conduct a business Use of Hall meeting in Estabrook Hall on Tuesday, January 25th from 8:00 to 10:00 P.M. Mr. Gay moved that the use of the hall be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Gay, Licenses it was voted to grant the following licenses: Hegy's Spa 856 Mass. Avenue Common Victualler (renewal) William F. Reidy 109 Mass. Ave. 2nd Class Agent On motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to sign the following deeds which were prepared by the Town Counsel: Deeds Deed to Lots 189-190-191 Rindge Avenue, sold and conveyed to Joseph A. Moretti. Deed to Lot 14 Cedar Street, sold to Robert J. White (Veteran). 1 57. The Clerk informed the Board that Mr. DePaolo, who now has a license for two pool tables and one billiard table, would like to have three pool tables. License The reason for the request is the fact that he is financially unable to purchase a billiard table. The Board had no objection. The Chairman read a letter from E. A. Lindstrom calling the Board's attention to the fact that alter- ations have been made on the third floor apartment at 10 Sherman Street for which no building or plumbing permit has been issued. The Clerk was instructed to ask Mr. Lindstrom for more specific information as to how this was called to his attention, who did the work, etc. An analysis of cash held by the Town of Lexington was received from the Town Treasurer, as follows: December 31, 1948 Lexington Trust Company $ 288,021..46 First National Bank 1,932.40 National Shawmut Bank 2,000.00 Merchants National 402,366.16 Day Trust Company 425,473.38 Second National 1,772.81 On Band 25,507.11 It was agreed to meet on Saturday morning at nine o'clock to continue the discussion of budgets. A true record, Attest: Cash Report