HomeMy WebLinkAbout1949-03-14113
SELECTMEN'S MEETING
March 14, 1949
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room on Monday evening,
March 14, 1949, at 7:30 P.M. There were present:
Chairman Emery, Messrs. Driscoll, N$ckerson, and
Hoyt. The Acting Clerk was also present.
The Chairman read a letter from Mr. John J.
Doheny, 18 Smith Avenue, Lexington, applying for
the position of Sanitarian which is to be voted
on at Town Meeting. The Board was uncertain as
to"whether this appointment should be made by the
Selectmen or the Board of Health.
Upon motion of Mr. Nickerson seconded by Mr. Application
Driscoll, it was voted to refer this letter to the
Board of Health with the notation that the Boards
feel this mather should be discussed with the Town
Counsel before any appointment is made.
The awarding of the garbage contract was held
over from the last meeting. The Chairman read the Garbage
bids as submitted by John Dailey and Connors Bros. Contract
Upon motion of Mr. -Nickerson, seconded by Mr. Hoyt,
it was voted to award the contract for the Collect-
ion of garbage to Connors Bros. for the period of
one year.
A letter from Donald Wilson, 33 Bloomfield
Street, Lexington, was read reporting a fall which
occurred on March 7th on the left side of Massa- Claims
chusetts Avenue just beyond Rowland Avenue. He
enclosed a bill for $ 9.00 to cover payment for
his glasses which were broken. The Clerk was
instructed to refer the letter to the Town Counsel
for his opinion.
A letter was read from Mr. Frank D. Walker,
Secretary of the Appropriation Committee, advising
the Board of the joint meeting of the Selectmen, Joint
Appropriation Committee, Chairman of the Board of Meeting
Assessors, Chairman of the School Committee and the
Chairman of the Cemetery Commission to be held
Saturday morning, March 19th at 10:30 P.M.
The Chairman read a letter received from the Occupancy
Board of Health concerning the practice of people Permits
moving into new houses before occupancy reports have
been issued. It referred specifically to houses on
114
Baskin
Settlement
School Street. Mr. Nickerson said he felt the
Board would need more information before any
action could be taken. Mr. Hoyt suggested
finding out how far the Board of Health can
go and what their power would be in these cases.
He also suggested securing a legal opinion from
the Town Counsel. Upon motion of Mr. Nicker-
son, seconded by Mr. Driscoll, it was voted that
the Chairman write a letter to the Board of Health
inviting them to meet with the TaNn Counsel, Plumb-
ing Inspector and the Board of Selectmen on
April 4th at eight o'clock to discuss the matter.
At 8:00 P.M. Mr.John Baskin met with the
Board. Mr. Baskin advised the Board that he
wanted to talk with them about moving the old
Fiske house on East Street. The County has taken
over a portion of the land and the new line is
within four or five feet of the house. This
house is about to be vacated and before any one
moves in he wished to move4 it back. It was his
opinion that the town should pay the moving cost.
Mr. Emery asked Mr. Baskin if he was one of
the property owners joining with several others who
have employed Mr. Gould, an attorney, to handle
the damgges on the entire matter. Mr. Baskin
replied in the affirmative. Mr. Emery asked if he
was proposing this as a settlement of his claim.
Mr. Baskin replied that he would like to settle
it; otherwise, he would probably be forced to take
it into court.
Mr. Emery said he did not think the town had
any power to move the house but if Mr. Baskin would
obtain an estimate of the cost the Board would be
in a better position to consider a settlement.
Mr. Baskin presented the Board with an estimate
from Walter G. Black, 11 Highland Street. Mr.
Emery asked if Mr. Baskin wished to submit this
estimate as an offer of settlement for his claim for
the taking on East Street. Mr. Baskin replied
that there is quite a little land there but he
presumes he could let the land go. He said if the
house is moved back he thought the line should be
straightened and not left curved as it is now.
He said he did not know the approximate number of
feet of land taken but he was guessing that it was
more than 1,000 feet.
Mr. Emery suggested that he leave the estimate
and let the Board discuss it further after they
had looked at the plan.
1
115
Mr. Nickerson asked Mr. Baskin how far back
from the road the house is at present. Mr. Baskin
replied about twenty feet and he would like to set
it back 35 feet.
Mr. Baskin said that he badught Mr. Black's
estimate of $4,402.00 was high but that he had checked
with several other contractors and now felt that it
was the best he could obtain. Mr. Emery asked if the
Board might take it under advisement and let him know
after Town Meeting and Mr. Baskin agreed.
Mr. Baskin asked if the town proposed to do
something regarding the drainage on Franklin Road. Drainage
He said the ditch at the corner of Hayes Avenue and
Somerset Road should be lowered and that would take
care of the condition for the time being. Mr. DeFoe
was asked about this when he met with the Board later
in the evening and he agreed that this was a miscellaneous
drainage problem and that it should be done to alleviate
a bad condition.
Mr. Baskin said he did not think it wise to build
Colony Road under the Betterment Act. He said he felt
it was a betterment to the whole town and not to the Colon*
residents of one particular street. He said he felt Road
the building of the school depreciated the value
of the property rather than increasing it.
Mr. Baskin retired at 8:20 P.M. and Mr, Joseph
H. DeFoe, Supt. of Public Works, met with the Board.
The Chairman explained that Colonel Bruce had
been in the office on Saturday and was disturbed
because no preliminary work had been done on the
petition for acceptance of Ledgelawn Avenue, Hamilton
Road, Liberty Avenue and Braemore Terrace. A petition
for these acceptances had been submitted at a previous Street
meeting and he had been advised that these would be Acceptances
considered after Town Meeting. He was disturbed
because the Engineering Department had not been re-
quested to figure estimates. Mr. DeFoe advised the
Board that Colonel Bruce had been in to see him and*
wanted the streets accepted at this town meeting and
do anything at this time. The Board requested Mr.
DeFoe to have estimates figured as soon after the
town meeting as convenient, and to notify the Board
when these figures are ready.
The Chairman read a letter received from the Parking
Department of public Works, Edgar F. Copell, Traffic Meters
Engineer, advising the Board that there were two
points where they would recommend no parking meters
be erected. These locations are: Massachusetts Avenue,
northerly side, between Meriam Street and the Westerly
* had been advised that it would not be possible to
116
Water
Extension
Request
side of Depot Square and the area between the
easterly side of Depot Square, and extending east-
erly, to the driveway to the parking space at the
rear of the Hunt Block.
Mr. Emery said the Board felt that there
should be no parking at these particular areas.
Mr. DeFoe replied that he believed that was the
thought implied in this letter by not approving
parking meters at these locations. The Chair-
man said he felt it would put the Board in a better
position if they had a letter on file which con-
veyed clearly the thought that there should be no
parking in these areas. Mr. DeFoe agreed to talk
with Mr. Copell about this matter.
The Chairman read a letter from Francis A.
Gallagher, 6 Reservoir Road, Arlington, requesting
an extension of a water main on Spritg Street, Lex-
ington. Mr. DeFoe said he had talked with Mr.
Gallagher andlin order to service the property
he would have to put in one or two lengths of pipe,
and that Mr. Gallagher would make a cash payment
for the assessment. He said he would pay the. full
assessment of $ 225.00 before the work would be
done. Mr. Emery asked if the property owners on
the other side of the street would be assessed
and Mr. DeFoe replied in the negative. He ex-
plained that at such time as they desired to use.
the water and have it connected they would be
required to pay the entire assessment. He ex-
plained that it would not be of any benefit to
them at this time as he was only extending the
pipe for a short distance just over Mr. Gallagher's
property line.
Mr. Emery asked if there were any houses on
the other side of the street and Mr. DeFoe replied
that there were none in the immediate vicinity.
It is all farm land. Mr. Emery suggested that Mr.
DeFoe check and find out just how much pipe would
be necessary and what the cost would be, and present
it to the Board at a later 'beetling.
A memorandum was read to the effect that Mrs.
George F. Smith, 282 Bedford Street, would like to
have her sewer betterment assessment deferred.
It was decided to hold this over until a letter
was received from Mrs. Smith.
117
Mr. DeFoe said he had been asked to review his
budget: on Water Construction Sundry Streets. He
said he now has $3,400'. above the estimated costs of
various pipe lines. Hesaid the amount for Golden
Avenue had been left out and it would cost about
$2,400., leaving an approximate balance of $1,000.
for any future requests that might be presented. Budget
After a lengthy discussion it was debided not to Water
increase the present amount of the budget. Construction
Mr. DeFoe advised that the only Water request
on hand at the present time is that of the Grand-
view Trust, and that he did not expect to have funds
on hand for new developments to do the work immediately
upon request.
The Chairman asked if the Board wished to make
any change on this budget and they agreed to let it
remain -at -the present figure.
Mr. DeFoe said he felt that he needed a new
tractor this year but has decided to let the New
Equipment capital outlay account remain as it now
stands. He said he had discussed this with the
Appropriation Committee and decided not to do any-
thing further about requesting a change.
Mr. DeFoe said he had talked with the Town
Counsel and he felt that $1,000. should be included
under Chapter 90 Construction Waltham Street far
damages. He said that he had been advised that the
County and State would probably increase their pay-
ment and we would have to appropriate more money to
match it. The estimate for the entire job is about
$40,000.00, but the survey is not completed. The
County will be making a survey in the spring. Mr.
Emery asked how the other members felt and Mr. Nicker-
son asked if .R128 was still high on the priority list.
Mr. DeFoe replied that anything that would relieve the
present R 128 would be desirable even if R 128 event-
ually goes. through. Mr. Nickerson said he thought the
money could be made available, but they wouldnit have
to go through with the entire project if they decided
against it at a later date.
Upon motion of Mr. Driscoll, seconded by Mr.
Hoyt, it was voted not to increase the amount of the
appropriation.
Mr. DeFoe;presented figures representing the cost
of the proposed drainage in East Street as follows: Drainage
East Street
118
Veteransl
Water
Main
36" pipe $ 39,675.00
24" " 31,740.00
12" rr 19, 840.00
Metcalf and Eddy recommends 54" and 48" pipe.
Mr. Emery asked if anything smaller than a 36" drain
would be adequate if and when the drainage from Wood-
land Road, Hayes Avenue, etc. is piped down. The
24" may serve until such time as we pipe Meriam
Street and Woodland Avenue; then it will be necessary
to have a 36" pipe.
Mr. Hoyt and Mr. Driscoll said they did not
think a 24" pipe should be considered. Mr. DeFoe
said he would not recommend the small pipe. The
Chairman said that if Metcalf and Eddy recommended
42" and 56" and we had cut it to a 36" pipe he. felt
we were going as far as we should in cutting it.
Mr. Nickerson said he felt that the 24" pipe
had not been recommended by anyone with any.know-
ledge of engineering and our own Engineering Depart-
ment advises against it. Mr. DeFoe said Mr. Burns,
Town Engineer, had filed a letter with him advising
against use of anything less than a 36" pipe. Mr.
Nickerson moved that the Board approve the use of a
36" pipe. Mr. Driscoll seconded the mtititn, and
it was so voted.
Mr. DeFoe reported that there had been no
change in the status of the application • for the
water main for the Bedford Hospital. Doctor Adams
advised him that it had been approved by Mr. Gray,
the administrator, and is in the Bureau of the
Budget awaiting final approval. They are confident
that it will come through all right and hope that
it will be considered by Town Meeting even though
the contract may not be signed. on that date.
Mr. DeFoe had advised them that unless the signed
contract was received before that date the entire
matter might be postponed. The Veterans' Office
realize this situation and are very sure that it
will come through before the final date.
Mr. DeFoe requested permission to place an
order for sewer pipe and fittings. He advised the
Board the price was expected to be increased before
April first and he had been guaranteed a firm
price if the order was placed now. The bids received
were as follows:
P
Saw1
119
Waldo Bros. 44/ a foot less 3%
8 x 6 Tts $1.64 each less 3%
402/ a foot less 2%
8 x 6 TIs $1.62 each less 2%
He advised the Board that he had $47,000. left in
the Sewer Construction Account and he will need
these supplies. Upon motion of Mr. Driscoll,
seconded by Mr. Nickerson, it was voted to authorize
the Sup+t. of Public Works to purchase from Lexington
Lumber two carloads of pipe and 60 8 x 6 TTs at their
quoted prices.
Bid
Mr. DeFoe reported that Round Hill Road is an
unaccepted Street, registered. There is a 40 foot
right of way. This had been questioned becuase of
betterments assessed against John Baskin. Mr.
Driscoll asked if this could be closed up and Mr.
DeFoe explained in the negative. Mr. Nickerson
said that Mr. Baskin could build upon it.
Mr. DeFoe informed the Board that he had
on hand about sixty-six old water meters, that
had been used and were in need of repair. He Water
explained that this would be costly and he had been Meters
made an offer of 41.50 for each eeter toward new
ones.
Upon motion of Mr. Driscoll, seconded by Mr.
Nickerson it was voted that the Superintendent be
authorized to dispose of these meters.
Mr. DeFoe said that there is a small dwelling
and stable on Westview Street, which comes under the Insurance
Cemetery Commission, on which the insurance is
expLring. He feels that the amount should be increased.
It is now covered for $2,000.00. It was suggested that
Mr. DeFoe ask Mr. Merriam to look. at the property and
advise him as to the Amoutt of insurance which he
would suggest.
Mr. DeFoe suggested setting a figure for Snow
Removal for Town Meeting. After a lengthy discussion,
it was decided to delay setting this figure as there
was a discrepancy between the amounts in the Accoubt-
ing Department and that the Superintendent of Public
Works.
Mr. DeFoe informed the Board that he has been
approached by a representative of the men in connect-
ion with sick leave. It was suggested that the Super-
intendent bring this to the attention of the Board
after Town Meeting.
Sno w
Removal
Sick
Leave
120
Police
Department
Recreation
Committee
Central
Block
Ambulance
19th of
April
Committee
The Chairman advised the Board that Mr.
Clifford Currier,,operator of a small store near
Countryside, had reported to him that there had
been a robbery at his stare.. Ith.ad been reported
to the Police Department and Mr. Currier felt that
the Police had been slow in contacting him after
they were advised. It was the opinion of the Board
that this matter should be checked with the Chief
of Police and it was suggested that the Chairman
talk personally with him and use his discretion
on this matter.
A letter had been received from the Recreation
Committee and was read to the Board of Selectmen
by the Chairman. It contained several suggestions
for the maintenance .of the Enclosed Field and
after some discussion the Clerk was instructed to
send a copy of the letter to the Town Counsel for
his opinion, and ask if he would advise the Board
after Town Meeting.
The Board again considered the report made
to them by Mr. William Ballard on the Central
Block. It was decided to invite Mr. Ballard to
meet with the Board for a further discussion on
Monday evening, April 4, 1949.
The Chairman read the rules and regulations
which had been suggested by the Fire Engineers
regarding the use of the Veterans' Memorial Ambulance.
It was noted that only one physican had replied to
the letters sent out requesting suggestions as to
the uses of the ambulance. Upon motion of Mr.
Nickerson, seconded by Mr. Hoyt, it was voted to
adopt the following rules and regulations, to become
effective April 1, 1949. The Clerk was instructed
to ask Mr. Alan Adams to wtite an article to be
printed in the paper with the new regulations, but
to submit it to the Board for approval before
printing. (Quote regulations) - see next page
A letter was read from the Director of Public
Celebrations inviting the Board to send a
representative to a meeting to be held on March 16th
to collaborate plans for the 19th of April Cele-
bration. The Clerk was instructed to forward this
letter to.Mr. Frothingham of the local leth of
April Committee.
CSS
twormi
ragiA
121
REGULATIONS GOVERNING THE USE OF
THE VETERAN'S MEMORIAL AMBULANCE
The.veteranfs Memorial Ambulance is to be
used for. the following purposes only:
1. Emergency accident eases.
2. Emergency illness cases in the TOWN OF LEXINGTON
that require immediate transportation to a
hospital or doctor. No transportation will be
provided for the return of patients from
hospital.
3. Such other cases as may from time to time be
specifically authorized by the town Welfare
Agent.
The rates for the Ambulance are to be:
Present Costa
Charges Charges
Lexington to Boston or
Cambridge 10.00 $ 12.00
Lexington to Waltham 8.00 10.00
Lexington to Arlington 7.00 10.00
All other trips, minimum charge
pl�lu1�s 20/ per mile until
aambuulance has returned to
Headquarters 5.00 7.00
.35 per mile
A request was received from Vernon S. Lindahl
saying that he was no longer interested in Lot 11
Cedar Street and requesting a refund of his original Veteran's
deposit of $100. Upon motion of Mr. Nickerson, Lots
seconded by Mr. Driscoll, it was voted to retuin
the deposit.
A letter from the Chief of Police was read
confirming the character reference of William Wherry
who had applied for a certificate of incorporation.
Upon motion of Mr. Nickerson, seconded by Mr. Driscoll,
it was voted to approve the application.
Cert. of
Inc.
122
Use of
Hall
Use of
Hall
Tax
Title
Tax
Title
Tax
Title
Apptt.s
An application was received from Rev. W.
J. Desmond requesting the use of Cary Memorial
Hall on April 22, 1949, for a parish reunion.
Upon motion of Mr. Driscoll, seconded by Mr. Hoyt,
it was voted to grant this use subject to a charge
of $ 35.00.
An application was received from the Lexington
Historical Society requesting the use of Cary and/or
Estabrook Halls on April 16, 1949, for a business
meeting of the Bay State Historical Society. Upon
motion of Mr. Driscoll, seconded by.Mr. Nickerson,
it was voted to grant this use free of charge.
The Board gave further consideration to Mrs.
Mary Paladin t s offer of $4001'or Lots 1. and 2
Massachusetts Avenue and Lot 7 Bow Street. A proposal
to sell the lots was advertised in the March 10,
1949, issue of the Lexington Minute -Man. No persons
contacted the Selectments Office as the result
of this advertisement.
A letter had been received from Mrs. Paladino
requesting information as to the drainage problem
and it was decided to hold this over until after
Town Meeting and ask Mr. DeFoe to check with her
as to the easements and answer any questions she
might have about the lots. After a report from Mr.
DeFoe this will be reconsidered.
An offer -was received from Mr. Warren F.
Breslin, 2227 Massachusetts Avenue, for the pur-
chase of Lot 141 Massachusettei Avenue. Upon motion
of Mr. Driscoll, seconded by Mr. Hoyt, it was voted
to advertise the offer in the next'issue of the
Lexington Minute -Man and further consideration
be given to the matter at the next meeting.
Further consideration was given to Mr. Filipetti's
offer for the purchase of Lot 5 Massachusetts Avenue.
The Clerk was instructed to advise Mr. Filipetti that
the Board would entertain an offer of 4400 for this
lot, but before a final sale is made they would
like him to meet with the Selectmen and advise
them as to his plans for the use of the property, and
whether or'not he plans to do anything about the wall.
It was decided to hold over the appointment
to the Board of Health until the annual appointments
to this Board are made.
1
1
The list of annual appointments expiring
on March 31, 1949, were held over for another
week.
A letter was read from the A. B. C. Commission
referring to Regulations No. 29 in connection with
slot machines. The Clerk was instructed to give
a copy of this letter to the Chief of Police. It
was their opinion it did not apply to the Town of
Lexington.
Upon motion of Mr. Driscoll, seconded by Mr.
Hoyt, it was voted to approve the following licensor:
William Viano
Sunday Movies renewal
123
Licenses
A request was received from the Rainbow Girls
requesting permission to have a booth on Depot Square
during the 19th of April celebration. The Clerk was
instructed to talk with Mrs. Wellington and ask her Permit
to write a letter giving more specific details as to
what would be sold at the booth and suggesting another
location if possible.
A discussion of betterments followttd and it was
voted to approve the following betterments:
Byron Avenue
Walter F. & Marion E. Lammers $ 450.00 Betterments
John A. C. & Dorothy E. King 375.00
Rhodes Street
John L. Nuttall ( total )- 450.00
Leonard E. & Gertrude N. Goguen 316.00
Lydia E. Wheaton 100.00
The other assessments on Byron Avenue, Lockwood
and Rhodes Street were approved as presented.
The Chairman read a statement which he had
prepared to set forth the position of the Board of
Selectmen in regard to the proposed new high school.
After some discussion it was decided to approve the
statement as presented.
The meeting adjourned at 11:30 P.M.
A true record, Attest:
2127
Ca
Acting
Clerk Selectmen.