HomeMy WebLinkAbout1949-02-07SELECTMEN'S MEETING
February 7, 1949
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room on Monday, February 7, 1949, at
7:30 P.M. There were present: Chairman Paxton, Messrs.
Emery, Gay, Driscoll and Nickerson. The Clerk was also
present.
At 7:30 P.M. a hearing was declared open upon the
application of Prlex Oil Corporation for permission to
maintain one underground tank for the storage of 1,500
gallons of gasoline on premises located at 275 Massachusetts
Avenue. No persons appeared in fevor or in opposition.
The Chairman explained to the Board that the gasoline was not
for public sale but was to be used in the operation of the
business. Mr. Gay moved that the application be approved and
the license granted. Mr. Driscoll seconded the motion, and
it was so voted.
The Chairman read a letter from Charles B. Hall re-
ferring to the sewer betterment assessment levied against
his property on Bertwell Road. Mr. Hall stated that he
would like to go over this subject with the Board and be
shown just how the assessment was figured. The Chairman
suggested that the communication be referred to Mr. DeFoe
and that he instruct the Town Engineer to contact Mr. Hall
and explain the assessment. The Board agreed.
The Chairman read a letter from Pearson Hunt asking
if it would possible to change the sign now located at
the junction of ivIt. Tabor Road and Route #2. The Chairman
said that he thought there was a metal sign at this location
now and that it might be well to contact the own of Lincoln
before any change was made. He agreed to di cuss the matter
with Mr. DeFor.
A letter was received from C. Rinaldo requesting the
installation of a water main on Marrett Road for the purpose
of servicing a house which he intends to erect this summer.
The Clerk was instructed to request Mr. DeFoe to find out
whether or not the other abbtters in this area are interested
in having the water main laid.
The Chairman read a
43 Hayes Avenue, stated
she fell on the steps of
her wrist watch and her
letter that if there had
building and the steps s
letter from Mrs. Edmund A. Webb,
that on Tuesday evening, January 31,
the Town Office Building, breaking
left wrist. Mrs. Webb said in the
been a light on the outside of the
anded she feels the accident would
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never have happened. The Chairman agreed to discuss this
with Mr. Lynch and to ask his advice as to the best method
of answering Mrs. Webb's letter.
The Chairman read a letter from the Lexington Trust
Company stating that the Executive Committee is not
Legal opposed to the dismissal without prejudice of the case
Issue now pending against the Horseshoe Forge.
At 7:45 P.M. Mr. Jesse Meadows and Mr. White met
with the Board. Mr. Meadows explained that he and Mr.
White are in the junk business but their license in Lex-
ington doesnot allow them to enter any dumps in the sur-
rounding towns. He said that as it is now any one can
pick the Lexington dump and he did not think it was fair
to the local junk dealers. He said he thought the dump
should be limited to local junk men or citizens of the
town. The Chairman explained that there is a large van
stationed at the Lexington Street dump. The owner picks
the dump and then hauls it away. Mr. Meadows said that
the owner of this van comes from Billerica and Lexington
junk dealers are not allowed to enter Billerica. Mr.
White stated that the dump attendant picks the dump him-
self; sells the material and hires a truck to haul it
away. Mr. Meadows said that he had made an offer of
$1.00 a year to.take over the dump. He said that he
would guarantee to keep it clean but he never heard any
thing from the offer. Mr. Driscoll asked to whom he made
the offer and he replied that he had discussed it with. Mr.
Weisinger. Mr. Gay asked if he took over the dump would
it be his intention to have another man there. Mr. Meadows
said he would have a man there at all times and would do
anything that the Board suggested or requested. The Chair-
man suggested that Mr. Meadows write a letter to the Board
of Selectmen stating that he would be willing to take
charge of the dump for x;1.00 per year. Mr. Meadows and
Mr. White retired at 8:05 p.1[.
Mr. William H. Ballard met with the Board relative
to the Central Block. He stated that on looking over
the recommendations he has learned that Mr. Scott has
had conference after conference with past Boards but he
has always left the meetings to "think it over". He said
that the question now comes up as to whether or not after
tonightls meeting Mr. Ballard would continue further dis-
cussions with Mr. Scott and perhpps wobk out a plan that
he could recommend in whole or in part to the Board. He
asked if the Board wanted him to bring up the question of
Dump
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widening of Massachusetts Avenue. The Chairman replied
that Mr. Scott knows that the Board is thinking about
widening Massachusetts Avenue in the Cert er. Mr. Ballard
asked if the Board had formed any ppinion as to what wqs
to be done with the old fire station site. Mr. Ballard
suggested some time ago that the Board seek authority from
the Town Meeting to dispose of this land. The Chairman
stated that the Board has not discussed this at any length.
He said that there is some feeling that for years Central
the citizens of the town had felt that the town was re -
Block
taining the property until such time as it would be needed.
He said that even if an article were inserted in a warrant
he thought it would be doubtful if the citizens would
grant theBoard permission to sell it. Many people think
that this parcel of land would be useful in making a trade
with Mr. Scott.
Mr. Ballard stated that the Board could not negotiate
with Mr. Scott until authority had been obtained and he
had always supposed that this was surplus property. Mr.
Ballard asked if the Board would like him to conduct the dis-
cussion this evening with Mr. Scott and theBoard agreed.
At 8:20 P.M. Mr. George Scott and his attorney'M .
Miller met with the Board. The Chairman stated that some
time in October the Board had a meeting at which time Mr.
Scott agreed to contact the Board about the first of November.
Nothing was done and about the first of January Mr. Scott
unfortunately had an accident which prevented him from meet-
ing with the Board. The Chairman explained that Mr. Ballard,
a real estate man, is advising the Board of Selectmen on
this problem. He said that he wants Mr. Scott to know that
the Board of Selectmen in anxious to co-operate with him.
This is the meeting at which Mr. Scott was to tell the Board
what he intended to do with regard to the Central Block.
Mr. Scott stated that he had two builders look at the build-
ing and they both advised him against taking down the third
story. They said it would cost him a lot of money and would
not make the building look any better. One of the builders
had an engineer with him who said that there is a good found-
ation, almost as good as any in Lexington, and enough to carry
five stories. The builders felt it would be better to leave
the top alone and comply with the laws. He said that the
town has a lot of land in the rear which would straighten out
his land and he would like to put a fence around it. He said
the lot he now has is too small. The Chairman said that
as•he understands it this is a maintenance job on the build-
ing•and Mr. Scott would like to obtain the fire station lot
and Mr. Scott replied in the affirmative.
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Central
Block
Mr. Ballard suggested that the quemtion of the
fire house lot be left out for the present time. In so
far as he knows the Selectmen have not come to any
conclusion as to what they want to recommend to the
Town. He said that what is now being approached is the
fact that there was a fire there and because of an extra
good Fire Department the town was saved from what might
have been a disaster. He said that instead of obtaining
the Inspector's report and talking about details he
would suggest that this be approached from the point of
view as to what Mr. Scott would voluntarily do to comply
in whole or in part with the laws of the Town of Lexington
and the Massachusetts Statutes. He said, on the other
hand, if Mr. Scott wants to voluntarily come forward and
and do the things that are practical to do, to have
a greater compliance than he has at the present time,
it would seem like a co-operative plan.
Mr. Ballard said that from the Building Inspector's
report it is evident that Mr. Scott's housekeeping
has been bad. He stated that there was a lot of broken
plaster all over the place which is a bad fire hazard.
Mr. Scott said that the' foundation was put in about 22
years ago and cost him $12,000. Mr. Scott said he
did not like to spend very much money because the build-
ing may be good for only about five years. Mr. Ballard
asked if Mr. Scott would like to consider doing the
things that would be practical to do assuming that the
building has a useful life of about five years.
Mr. Scott replied that he would like to spend as
little as possible and still comply with the laws. Mr.
Ballard said that if it could be ggreed that the useful
life of the building is probably five years and not more,
it would help. Mr. Ballard said that Mr. Scott had
mentioned removing the top floor and asked if anyone
had every reported to him that the attic is full of
matresses, etc. Mr. Scott replied that he never knew
it was there. Mr. Ballard said that there is an attic
4 1/2M high. Mr. Scott said that if it is there he
never saw it. Mr. Ballard stated that no purposely has
not been in the building because he did not want to be
prejudiced. He asked if Mr. Scott could vacate the third
floor instead of taking it off. He said he would like
to but didn't know how he could get rid of the tenants.
He stated that it took him a year and a half to get one woman
out and cost him 1175. Mr. Ballard asked what Mr. Scott
has in mind for the second floor if the third floor was
closed. Mr. Miller stated that the fire escapes were put
there six or seven years ago to comply with the State.
Mr. Ballard asked if Mr. Scott had a plan of the upper
part of the building and he replied in the negative.
Mr. Ballard said that it looked as if the third floor
tommil
Mel
1.
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fire escapes were entirely inadequate. He said that he
has heard the opinion expressed that they are inadequate. Central
Mr. Miller said that Mr. Scott is willing if he can order
the tenants out, to vacate the third floor. Mr. Scott said Blbck
he would be willing to do that. Mr. Miller said that there
would be. only one floor above the stores. He said Mr. Scott (don't
will do the plastering and anything the Building Inspector
wants. Mr. Miller said he hoped some one would go along and
tell Mr. Scott what was to be done. Mr. Ballard stated that
there are doors in the basement from one store to another
that are constructed of wood and Mr. Miller agreed that they
should be metal. Mr. Scott said that a builder told him that
it would not cost very much to install metal doors. Mr.
Ballard asked to whom Mr. Scott looked for advice and he
said he had a builder from Boston and one from Lexington, and
Mr. Miller said that Mr. Scott would carry out the decisions
and wants to know what it is that the town wants. Mr. Ballard
said that it was up to Mr. Miller to tell Mr. Scott what the
town laws require. Mr. Miller said if Mr. Scott could go over
the property with the Building Inspector and secure a list
of What is to be done he would then comply.
Mr. Ballard suggested that he and Mr. Scott inspect
the building Saturday morning. Mr. Scott agreed and Mr.
B allard suggested that he bring his contractor along if
he so desired-. Mr. Miller asked if the third floor should
be taken off or fixed up for a few more years. Mr. Ballard
said that as to the mechanics of determining what should
be done and what amtion should be taken he suggested that the
Selectmen introduce the Town Counsel.
Mr. Miller asked if Mr. Scott would agree to vacate
the third floor. Mr. Scott said he did not know. Mr.
Ballard asked if it were operated as a lodging house and
Mr. Scott replied in the negative. Mr. Ballard inquired
as to who the janitor was and Mr. Scott admitted that the
janitor's name is David Cavanaugh, and he pays him $ 25.00
a month, although he does not live in the building.
Mr. Scott and Mr. Miller agreed to contact Mr. Ballard
and male arrangements to go through the Central Block Build-
ing either Thursday or Friday of this week. Mr. Scott and
Mr. Miller retired at 8:45 P.M.
Mr. Ballard said that with the Board's approval
he would contact the Town Counsel to find out whether or not
he would have any objection as to taking appropriate action
with reference to the third floor. The Chairman suggested
that Mr. Emery call Mr. Ballard Friday and report to the
Board as to what thakes place. Mr. Ballard retired at 9;00
P.M.
Mr. Willard Smith met with the Board relative to his
application for a second class agent's license. The Chair-
man said that the Board is somewhat hesitant about granting
the application because there are now a number of licensed
License
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Comic
Books
Easement
Abatement
used car dealers operating in Lexington. The
Chairman asked why he could not use the plates
belonging to the dealer for whom he was going to work.
Mr. Smith said he is not employed by any dealer and,
therefore, the plates cannot be used by him. He said
the:dealers through whom he does the work would not
be covered if he had their plates and should become
involved in an accident. Mr. Emery said that the
license for which he is applying would authorize
him to deal in second hand cars. Mr. Smith explained
thatall he wants is a set of R. plates. The Chair-
man asked if Mr. Reidy would be operating in the same
building and Mr. Smith replied that the garage is in
two sections. He is using the back section and Mr. Reidy
conducts his business in the front section. The door
is blocked off and Mr. Smith has nothing to do with
Mr. Reidy. Mr. Driscoll asked if he rented space from
Mr. Reidy and he replied in the affirmative. The Chair-
man said that the Board understands what Mr. Smith means
and they will try to co-operate as much as possible.
However, if it is not necessary to grant a second
class license the Board would prefer not to do so.
If it is found that this is the only why that Mr. Smith
can obtain the plates there will have to be a moral
understanding that he will not sell used cars. Mr.
Smith retired at 9:05 P.M.
Mrs. Andolinq, Vice -President of the P. T. A.,
and Mrs. Buckley met with t heBoard relative to the
P. T. A. request that the Selectmen ban the sale of
"objectionable" comic books in Lexington. TheChair-
man explained that the Board of Selectmen is anxious
to co-operate with the P. T. A. and suggested that
representatives of that organization go around to
the different dealers or the stores where thos books
are sold and then submit a list cbf names of the dealers
to the Board. Mrs. Buckley said it is not the intention
of the p. T. A. to enforce this but to do it in a co-
operative manner. Mrs. Andolina agreed that some one from
the P. T. A. would have a list of the books the organ-
ization deemed to be objectionable, and then subift
a list of the stores where these may be obtained to the
Selectmen. The Chairman said that the Board would then
contact the dealers and see if satisfactory settlement
could be arrived at whereby they would agree tot to
sell these comic books. Mrs. Andolina and Mrs.
Buckley retired at 9:25 P.M. and Mr. DeFoe met with
the Board.
Mr. DeFoe reported further on the easement which
he has been trying to have Mr. Crandall of Middleby Road
sign. He explained to the Board that Mr. Crandall
will sign the easement providing the Selectmen will
abate that portion of the water betterment assessment
in front of the easement which is 50 feet.
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Mr. Emery asked if he would pay the betterment on
the remaining 210 feet. Mr. DeFoe replied that the Board
of Assessors will deduct the easement and it is his under-
standing that this is the usual procedure followed by
the Board of Assessors. The Chairman agreed to put through
an abatement in Mr. Crandall's favor in the amount of
$ 62.60.
Mr. DeFoe presented the Board with a letter signed by
him and addressed to the Veteran's administration with
reference to the proposed water main and water supply for
the Veteran's Administration in Bedford. He explained that
Mr. Lynch has checked the communication and agreed that
it is all right. The Chairman said that as he understands
the situation the contract submitted is the V. A's base form
which has been gone over by Mr. Lynch and Mr. DeFoe. Water
Suggested changes have been made which have been discussed with
Mr. Carlson of Bedford. Mr. DeFoe is printing this letter
notifying the Veteran's Administration of the official changes
and wants the Board's approval of this invitation to bid.
The Chairman stated that the town should receive the $225,000.,
by the first of December. Mr. Emery said that the work should
be done by the first of November. Mr. DeFoe stated that
he has no reason to believe that it won't be done. The
Chairman said that if there is any possibility of getting
the plans ready and having the bids opened the afternoon
of the Town Meeting it would help.
The Chairman asked if generally speaking the letter
presented by Mr. DeFoe met with the approval of the Board.
Mr. Emery said that Mr. Lynch has passed on it and it was
all right with him. The other members of the Board had
no objection.
Mr. DeFoe informed the Board that he was unable to
convince the Sachem Council of Boy Scouts to pay one half
of the cost.for circulator to heat the rooms that they
are renting from the town in the Barnes property. Mr.
Emery asked if Mr. DeFoe was sure the circulator would Barnes
accomplish what he wants and he replied that he isnot Property
sure but Mr. Lindstrom believes that it will. Mr. Nickerson
moved that Mr. DeFoe be authorized to install the circulator and
the town pay the entire cost. Mr. Gay seconded theimotion, and
it was so voted.
Mr. DeFoe submitted itemized bids for the purchase
of hydrants, valves and cast iron fitting. The items were
discussed at length and the Chairman expressed the opinion
that he thought it would be to the best interest of the
town not to purchase a different type of hydrant than what
is now being used. • Mr. Emery suggested that Mr. DeFoe contact
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Coasting
Use of
Hall
Use of
Hall
Use of
Hall
Use of
Hall
the A. P. Smith Company and ask whether or not they want
the order at a firm price. Mr. Nickerson asked if
the Board would be committing itself if an order were
placed.and Mr. DeFoe replied that any order will be
contingent upon the town meeting vote. Mr. Emery said
he would be in favor of purchasing the hydrants
from Public WorksSupply (Darling) but he would like
Mr. DeFoe to call A. P. Smith and tell them that the
Board would consider placing the order with him at the
pride he quotes providing it is a firm price and he
entirely understands that it is contingent upon the
town meeting vote.
The Chairman read a letter from. the Chief of
Police stating that at the Board's request he had
investigated the possibility of coasting on Fottler
Avenue. The Chief stated that it appears to him that
this street would be reasonably safe if the Board decides
to act favorably upon the petition received for posting
the street.
The members of the Board agreed to drive over this
area before making any decision.
An application was received from the Lexington School
Department requesting permission to conduct a concert
in Cary Hall on Friday evening, May 13th. Mr. Emery
moved that the use of the hall be granted free of
charge. Mr. Gay seconded the motion, and it was so
voted.
An application was received from the Lexington
Aists & Crafts requesting permission to conduct an ex-
hibition in Cary and Estabrook Halls on Sunday April
24th. Mr. Emery moved that the use of the hall be
granted subject to a charge of $ 35.00. Mr. Driscoll
seconded the motion, and it was so voted.
An application was received from Mr. Grindle, Supt.
of Schools, retuestirig permission to conduct band
practice in Cary Hall during the week when the school
auditorium is being used for operetta rehearsals.
Mr. Nickerson moved that the use of the hall be granted
free of charge. Mr. Gay seconded the motion, and it
was so voted.
An application was received from Robert C. Merriam
requesting permission to conduct a precinct meeting
in Estabrook Hall on Tuesday, March 15th. Mr. Nickerson
moved that the use of the hall be granted free of
charge. Mr. Driscoll seconded the motion and it was
so voted.
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An application was received from Robert W. Watsoh,
11 Middleby Road, for a public carriage license. The License
Chairman read a 3e tter from the Chief of Police stating
that this individual has a juvenile record and served one
year in the Shirley School for delinquent boys. From in-
formation received the Chief recom:ended that this application
be denied. Mr. Gay said he would like more detailed in-
formation and the Chairman agreed to contact the Chief.
The Chairman read a letter from the Somerville Prang-
ing Company stating that they felt that a so- called "limit" Bid
bid in unbusinesslike end unfair to both the sell and the Town
buyer and, therefore, they prefer not to submit one. Report
Mr. Nickerson moved that the bid for printing the 1948
Town Report be awarded to. the Adams Press with the stipulation
that the Adams Press shall try to make the report contain not
more than 256 pages. Mr. Gay seconded the motion. Mr. Emery
and Mr. Driscoll both *ibhed to be recorded as Apposed. The
Chairman cast his vote in favor of awarding the contract
to the Adams press.
The meeting adjourned at 12:10 A.M.
A true record, Attest:
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