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HomeMy WebLinkAbout1949-02-1490 SELECTMEN'S MEETING February 14, 1949 A regular meeting of the Board of Selectmen was held on Monday evening in the Selectmen's Room at 7:30 P.M. There were present: Chairman Paxton, Messrs, Emery, Gay, Driscoll and Nibkerson. The Clerk was also present. Mr. Alfred P. Tropeano, attorney for Ernest E. McPhee, met with the Board to discuss the sewer better- ment assessment levied against Mr. McPhee's property on Reed Street. Mr. Tropeano explained that his client obtained title to this particular parcel of ,land from Kimball. Kimball and the Lexington Golf Club obtained title from Arthur Whitney Estate Trustees. In the deed to Kimball it was subject to a 50' right of way. This right of way extended the.entire length of the Lexington Golf Club bound, up to the old Golf bound and beyond about 700 feet. Mr. Tropeano explained Abatement that he wrote to the Lexington Golf Club in an endeavor to purchase their reserved right of way or sell to them the fee that Lir. McPhee owned. However, the Golf Club did not feel that they would gain raything by purchasing the fee except by adding taxes, and the Cltb would riot' release the right of way because itis the only exit on Reed Street. Mr. Tropeano explained that Mr. McPhee cannot build on this parcel of land and will receive no benefit from the sewer. Mr. Emery inquired as to what the right of way was reserved for and Mr. Tropeano replied that it was for a general right of way. The Chairman asked if the Gglf Club would be interested in paying the betterment and PTr. Tropeano replied in the negative. He explained that is one reason why the Golf Club would not take over this parcel of land. The Chairman asked the Board if they had any questions and there were done. After Mr. Tropeano retired the Chairman explained to the Board that, in his opinion, the sewer was of no benefit to Mr. McPhee inasmuch as he cannot Grandview build on the land and will not make use of the sewer at any Terrace time. Mr. Emery moved that the sewer betterment assessment in the amount of $ 133.95, levied on Mr. Ernest E. McPhee's property on Reed Street, be ibated. Mr. Nickerson seconded the motion, and it was so voted. The Chairman explained to Mr. Tropeano that the Board of Selectmen has denied the Grandview Trust's request for the installation of water mains. The Chairman explained that the reason for this action is because of the fact that there is no building going on in this area and the 1 91 town is being faced with unusually large expenditures this year. Mr. Tropeano stated that he did not want to start any construction until the water was installed. It is intention to merge these lots into 100 x 1001. The Chairman asked if he were the Grandview Trust and he replied in the affirmative. Mr. Tropeano retired at 7:43 P.M. Mr. DeFoe, Supt. of Public Works, met with the Board. Mr. DeFoe reported that the Town Engineer has explained the method of figuring the water betterment assessment levied against property of Charles B. Hall Abatement on Bertwell Road. Mr. Hall still feels that he should not pay the betterment on Bertwell Road and should only be charged for the betterment on North Hancock Street. The Chairman said that the Selectmen are of the opinion that the parcel of land involved could be used as a building lot and even though mr. Hall does not want to make use of it at the present time he could in the future sell the lot and someone else construct a building on it. Mr. Emery said that he could see no reason to abate the assess- ment. Mr. Emery moved that iv Ir. Charles B. Hall's request for an abatement of water betterment levied against his property on Bertwell Road be denied. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from Ralph J. White and Jesse Meadows stating that they are willing to take over the dump duties and guarantee to keep the dump in its present condition for the sum of 01.00 per year providing they have the exIlusive right of salvage. The Chairman explained that the sum of $p 3,850 is included in 1949 dump budget for the pfesent caretaker and if these two individuals would take it over there would be a substantial saving. Mr. Emery suggested giving these two individuals the care of the dump for possibly six months and the Chairman said that he could not see any objection to letting them take it over for a period of one year. Mr. Gay moved that the care of the dump be given to Ralph J. White and Jesse Meadows, beginning March 1, 1949, on a trial basis until January 1, 1950, providing they will agree to keep the dump open until 5;30 P.M. Mr. Emery seconded the motion, and it was so voted. A letter was received from the Board of Fire Engineers advising the Board that the Engineers have reviewed the Fire Suggestion of putting into effect the 70 hour week for Engineers firemen by using call men to fill in where permanent men should be used. The Engineers requested the Board of Select- men to recommend the addition Of six new permanent men to the Department so that the 70 hour week can be operated. Dump 92 Library He -filth Compalint Permit License Tax Title Coasting A letter was received from Mr. Lynch requesting a statement from the Trustees of the Cary Library as to the nature End extent of the work contemplated on the building and the approximate cost of said work. The Clerk was instructed to forward a copy of Lr. Lynch's letter to Mr. Handley and request Webster Thomas to invite Mr. Lynch to the next meeting of the Trustees. The Chairman read a letter from the Health Inspector stating that Mr. Lawrence E. Hunt, 87 North Hancock Street, telephoned the Board of Health and requested that an inspection be made of his cesspool which he claimed to be overflowing. The Health Inspector reported that the cesspool is 'definitely overflowing and in a very bad condition. Lir. Hunt has had it pumped out and applied chemicals in an effort to eliminate the condition which is a health menane. Mr. Emery said he would like to know whether or not jr. Hunt has any overflows and how many. A letter was received from the Lexington Drum Corps requesting permission to conduct a paper drive on Sunday, March 27th. Mr. Nickerson moved the request be granted. Mr. Gay seconded the motion, and it was so voted. The Board gave further consideration to Mr. Robert A. Watson's request for a public carriage license. The Clerk was instructed to advise Mr. Watson that his application had been denied. Further consideration Tupper's offer of $100 for Block 3, on Earle Street. seconded by Mr. Nickerson, .Mr. Tupper that the Board an offer of 400 for these was given to Mr. Hugh C. Lots 31 to 34, inclusive, Upon motion of Mr. Emery, it was votedtto advise of Selectmen will entertain lots. The petition requesting that Fottler Avenue be listed as a coasting street was held over from last week. Upon motion of Mr. Emery, seconded by Mr. Nicker- son, it was voted to amend the traffic rules and regulations of the Town of Lexington so as to include Fottler Avenue for a street for coasting. At 8:30 P.M. the following individuals met with the Board to discuss street acceptances: Zmal 1 1 Col. B. B. Bruce Richard B. Plaisted Francis N. Harrington Harry Schecter Dr. Crawford G. Hunt Lawrence B. Bennett Ledgelawn Avenue Braemaa e Terrace Liberty Avenue Liberty Avenue Hillside Terrace Ledgelawn Avenue 93 Street Acceptance Mr. Bruce presented a petition requesting an estimate of the cost of accepting Ledgelawn Avenue, Hamilton Road, Liberty Avenue and Braemore Terrace. He explained that there are 84 lots along these particular streets and 63 of the lots are covered by signatures on the petition. The Chairman stated that he thought the Board was familiar with the layout and the conditions of the streets in this area. He explained that it is because of this pa±ticular type of situation in this development that the Town meeting, back in 1939, approved very stringent Board of Survey regulations which require the subdividibr to build streets before constructing houses. He informed the group that they are four or five months too late to have anything done about accepting the sttbets at the Town Meeting to be held in March. He stated that he thought the Board, in view of the fact that signatures have been obtained, would instruct the Engineering Department to prepare plans and specifications for the construction of these streetsa Colonel Bruce said that he would like to have the streets improved before next winter. The Chairman explained that it takes time to prepare the necessary data, but the Board could discuss the advisability of putting an article in the warrant if a special town meeting is held later on. He explained that before the streets are presented to Town Meeting, public hearings must be held, a statutory require- ment. Colonel Bruce said that he heard there is the possibility of placing an amendment at the Town Meeting. The Chairman explained that on water and sewer construction there are fairly broad votes, but on street acceptances the votes refer to definite streets. He said that he did not believe it would be possible to include any other streets at the March Meeting, and even if it were permissable, there would definitely not be sufficient time to have the hearings and necessary engineering work done. Colonel Bruce asked if the Board had any objection if he were to try and have the streets accepted under and amendment. The Chairman replied that the Board has no objection but he thought the best solution would be to let the Board go to work on them and present them at a Special Town Meeting if possible. He explained that there is the possibility of a Special Meeting this spring, but it will be on,municipal policy rather than on financial affairs.. 94 Mr. Plaisted asked if there is more than one type of construction. The Chairman explained that the Town has only been putting on one type and that is a 12" gravel base with adequate street drainage and a 4" bituminous pavement. He stated that now the Board requires a plan and profile of all street constructLdn and it is essential that the Engineering Department check all the street lines very accurately because the Board must have definite plans to it esent at hearings on street acceptances. Mr. Bennett asked if it is possible to have the streets scraped. The Chairman replied. that the Board of Selectmen have hot done too much scraping on unaccepted streets during the last couple of years. The group retired at 9:00 P.M. The Chairman read a letter from the Building Inspector Building referring to plumbing alterations at 35 Harding Road. Mr.Lindstrom stated in his letter that no building Violations or plumbing permits have been issued for alterations or repairs at this address. The Chairman agreed to dis- cuss this with Mr. Lindstrom. The Chairman read a letter from the Town Counsel with reference to the accident in which the ambulance was involved. The attorney for the insurance company and the operator of the other car involved have:agredd to settle for 410c ) and Mr. Lynch recommends settlement in this amount.. Mr. Emery moved that the claim be settled, subject to obtaining a proper release, in the amount of 0100., to be paid by the Fire Department. Mr. Driscoll seconded the motion, and it was so voted. An application was received from the Lexington Council of Girl Scouts requesting permission to conduct a Rally in Cary Hall on May 14 and 21. 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 liia4 torical Society requesting permission to conduct a meet- ing in Estabrook Hall on March 8, 1949, Mr. Gay moved that the use of the hall be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. The meeting adjourned at 9:10 P.M. A true record, Attest: lect n. oozy 1