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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.