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HomeMy WebLinkAbout1949-03-22 126 SELECTMEN'S MEETING ' 4 March 22, 19 9 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Tueadgy evening, Maf'ch 2.Z, 1949 at 7:30 P.M. There were present : Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. At 7:30 P.M. Mr. Mario Filippetti, 17 Lowell Street, Arlington, met with the Board. The Chairman explained that he had been invited to attend the meeting because the Board would like to know Just what he intends to do with Lot 5 Massa hueetts Avenue if the Board decides to sell it. Mr. Filipptti informed them that he wanted to build a home for himself. He said that Tax Title if he purchases the lot he will fix the stone Property wall. The Chairman asked if he intended to construct a garage in the hill and Mr. Filipetti replied that his garage would have to be in the cellar. The Chairman asked if he were going to build a home, build a stone wall and keep it in gooddcondition and also build a cellar garage. Mr. Filipetti replied in the affirmative. The Chair- man asked if the figure set by the Board was agree- able and Mr. Filipetti replied in the negative. He said it would cost him between $700. and $800. to fix the stone wall and he thought his offer was enough. The Chairman said that the Board would think this over arid let Mr. Filipetti know in a day or two. Mr. Filipetti retired at 7:35 P.M. The Chairman asked what the Board wished to do and Mr. Nickerson said he thought the land was certainly worth $400. Mr. Gay agreed. Mr. Hoyt stated that on the other hand the prospective purchaser is boing to build a home and this will bring the property back into taxation. He said he agrees the lot is worth more than $300. but by selling it will put it back into taxation. Mr. Nickerson said he did not think the Board 's price was unfair. Mr. Driscoll said that by the time Mr. Filipetti gets the lot straightened out it will cost him more than 10/ a foot. It was finally agreed to entertain an offer of $350. 127 I A petition was received from five property owners requesting an estimate of the cost of the construction of a water main in Harding Road b etween Water #62 Harding Road and William Street. The Clerk was Request instructed to request Mr. DeFoe to have an estimate of the cost prepared and to advise the petitioner that an estimate will be made but no assurance can be given by the Board that funds will be available to do the work this year. The Chairman read a letter from Mrs. George F. Smith, 282 Bedford Street, confirming an agreement outlined in Mr. Paxton's letter of March first relative to the deferment of the betterment assessment levied against property owned by Mrs. Smith on Valley Road. Betterment Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to defer payment of the betterment assess- ment until the land in question or any part of it is sold, the land or any part of it is built upon, or until such time as Mrs. Smith avails herself of the improved facilities, whichever event occurs first. Interest at the rate of 4% per annum is to be paid upon the assess- ment was made. The Chairman read a letter from the Town Counsel with reference to a claim submitted by Donald Wilson for injuries received when he fell over a large boulder on Massachusetts Avenue, beyond Rowland Avenue. Mr. Lynch stated that the Town is under an obligation to keep public ways, including sidewalks, in reasonable repair Claim and if evidence is produned to indicate that the boulder in question was on the public sidewalk for a considerable period of time, so as to enable the town in the exercise of reasonably diligence to have it removed, theTown could be held liable for the injuries and damage sustained by Mr. Wilson. He said he assumed Mr. Wilson will be satisfied to accept $9.00 and execute a release of all claims and damages against the town. If he is correct in this assumption he would recommend that the Board authorize him to settle in the amouflfi of $9.00. Mr. Driscoll moved that the Town Counsel be authorized to settle the claim in the amount of $9.00 upon the execution of a release. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from the Town Counsel relative to the question as to whether the power of appointment of an agent of the Board of Health rests with the Board of Health or with the Board of Selectmen. The 111 1 128 71 The letter stated that the Board of Health being established by the Legislature as a statutory Board has the exclusive right to exercise the powers con- ferred upon it by the Legislature. In performing these Board acts the Board of Health acts as public officers of and not as agents of the Town. Under the law the Health town can exercise no direction or control over a App't. Board those duties have been defined by the Legislature. It is the Town Counsel 's opinion that the appointment of an agent for the Board of Health is a power invested exclusively in the Board of Health and neither the Town nor any Board in the Town can exercise any direction or control over them as to the selection of an--agent. A letter was received from the Town Treasurer to which was attached a copy of a letter of attachment in the amount of $10,000.- against the goods and Writ estate of the Vara Construction Co. Mr. Hoyt moved of that the Clerk forward the document to the Town Attachkment Counsel. Mr. Nickerson seconded the motion, and\it was so voted. Further consideration was given to Warren F. Breslin's offer of $50.00 for Lot 141 Massachusetts Avenue. Notice of the offer was inserted in the March 17th issue of the Lexington Minute-Man. No Tax further offers were received as a result of the Title advertisement. Mr. Gay moved that Warren F. Breslin's Property offer of $50.00 for Lot 141 Massachusetts Avenue, be accepted and that the lot be sold and conveyed to Mr. Breslin. Mr. Driscoll seconded the motion, and it was so voted. A bond was received in the amount of $1,000 executed on behalf of John C. Russell as Constable Bond in the Town of Lexington. Mr. Gay moved that the Board approve the 'Bond. Mr. Hoyt seconded the motion, and it was so voted. The Chairman read a letter from the Lexington Rainbow Girls requesting permission to erect a booth at the corner of Meriam Street and Massachusetts Permit Avenue for the sale of food on the 19th of April. Mr. Nitrson moved that permission be granted subject to the approval of the Chief of Police and the Sup+t. of Parks and Playgrounds. Mr. Gay seconded the motion, and it was so voted. 1 129 An application was received from Thoren A. Gough, 451 Concord Avenue, for the renewal of a pdddlerts license . Mr. Gay moved that the license License be approved and signed . Mr. Driscoll seconded the motion, and it was so voted An application was received from Harold B. Needham on behalf of the Follen Church requesting Use of permission to conduct an entertainment in Cary Memorial Hall Hall on the evening of May 20th from 7:30 to 10:30 P.M. Mr. Gay moved that the use of the hall be granted subject to a charge of 035.00. Mr. Hoyt seconded the motion, and it was so voted . At 8:00 P.M. Howard Sawyer met with the Board. He informed the Board that he has sold two of his four cabs and that when he took over the stand at the Town Diner he realized the rent was too high but he wanted to give it a try. He has reached a point where he is not able to pay 055.00 a month any longer. Taxi He said that even though the rent were reduced he Stand would prefer not to have a stand at this location because there are too many adverse conditions. He informed the Board that he has rented the space at the Manor Spa in North Lexington and would like to make some arrangements for a taxi stand in Lexington Center. He has already given his notice to Mr. Waldron that he will vacate the place by May first. He said he would like permission to use the taxi stand at the corner of Depot Park. He stated that he has discussed this with Mr. Dalrymple of the Lexington Cab Company and told him he was going to ask for space and Mr. Dalrymple said it would be all right with him. The Chairman asked how he would manage a telephone. Mr. Sawyer said that once he has received permission he can arrange to have a telephone in the Central Block. He said that his regular customers generally call his house. The Chairman asked how much space he would want and Mr. Sawyer said he has two cars but if that is too much to ask he would be satisfied with one. The Chair- man asked if the Board could take this under advisement and let Mr. Sawyer know within a week or so. Mr. Sawyer agreed. The Chairman said theBoard would like to think it over because it might be well to give notice that the Board is considering a taxi stand there and that they also have in mind the installation of parking meters . Mr. Sawyer retired at 8:20 P.M. 130 .71 The Chairman informed the Board that Mr. Dalrymple had telephoned the Clerk and requested an app6intment with the Board before any decision is made on Mr. Sawyer 's request. Mr. Nickerson moved that Mr. Dalrymple be invited to meet with the Board next Tuesday evening. Mr. Gay seconded the motion, and it was so voted. The Chairman informed the Board that Mr. DeFoe advised him that Mrs. St. George, 76 Reed Street, has water in her cellar and claims that it comes from the drain in the street. According to the Engineers the drain is six feet lower than the Drainage floor of her cellar. Mrs. St. George and her son Complaint met with the Board at 8:25 P.M. Mrs. St. George presented copies of letters which her husband wrote at the time that Mr. Raymond was Superintendent of Public Works. The Chairman asked if the water ran into her cellar all year around and she replied that it was mostly in the Spring. The Chairman said that the Board would instruct the Supt. of Public Works to look at the cellar and report back to the Board. Mrs. St. George said that Mr. DeFoe told her that the catch basin in the street is six inches below the level of the street. The Chairman asked if Mr. DeFoe had ever seen the cellar and Mrs. St. George replied in the negative. The Chairman said that Mr. DeFoe would inspect the cellar and report to the Board next Tuesday evening. He explained that the Board will endeavor to work this out satisfactorily, if possible. The Chairman asked if the drain pipe was in the cellar before the drain was installed in the street and Mrs. St. George replied in the affirmative. They retired at 8:30 P.M. Upon motion of Mr. Gay, seconded by Mr. Sign Driscoll, it was voted to sign the deed prepared Deed by the Town Counsel conveying Veterans ' Lot #9 Cedar Street to Charles Connolly. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to sign the garbage con- Sign tract between the Town of Lexington and Connors Garbage Bros. for a period of one year expiring April 12, Contract 1950, in the amount of $9,600. , the bid received from Connors. The Chairman read a letter which he received froth Henry Hogan, 7 Ames Avenue, complaining about Drainage the drainage conditions on his property. The Complaint Chairman agreed to contact Mr. DeFoe and ask him to have some information for the Board on this next week. 131 Mr. Gay informed the Board that Arthur Johnson of the Johnson Pontiac Company had called his attention to dumping in the vicinity of his garage. The Chairman reminddd the Board that this does not come under the jurisdiction Complaint of the Selectmen and requested the Clerk to refer Re: the complaint to the Board of Health and ask that Dumping an investigation be made immediately. The Chairman informed the Board that Mr. McSorley, the County Dog Officer, called him today with reference to the appointment of a Dog Officer. He explained that stray dogs have been kept in the Police Garage and Mr. McSorley thinks this condition should not con- tinue. He suggested that the Board consider Mr. E. M. LaRose, 169 North Street, who has Dog kennels and facilities to take care of stray Officer dogs. Mr. LaRose charged $1.50 per day and the maximum the County will pay is 75/. Mr. McSorley said he thought it would be well to have the Board consider raising the Dog Officer's budget to the extent of the other 75¢. The Chairman was author- ized to discuss this subject with the Chief of Police and report next Tuesday. The Board decided it would be better to is ave the budget as is and if necessary request a transfer at the end of the year. Upon motion duly made and seconded it was voted to make the following appointments for the Appointments ensuing year: Appointments made by the Board of Selectmen, Tuesday, March 22, 1949 Terms expiring 3/31/50 unless otherwise indicated Board of Appeals Thomas G. Lynah, 1954 Board of Appeals (Associate J. Henry Duffy Members ) Elmer C. Houdlette Walter C. Ballard Building Inspector Ernest A. Lindstrom Constable (Under Ch. 41, Sec. 91 A ) Charles E. Moloy 1320,0111 Appointments (continued ) Dental Clinic Mrs. Arvin Phillipart Mrs. Vincent Burke Thomas S. Grindle Executive Clerk, Select- Hazel J. Murray men Fence Viewers Stanley A. Higgins John J. Garrity Gemmel Legacy Income, Mrs. Robert C. Merriam Trustees (Acting with Board of Public Welfare ) Lockup Keeper John W . Rycroft Park Department, Sup?t. John J. Garrity Plumbing Inspector Ernest A. Lindstrom Recreation Committee Dr. Howard W. Foley, 1952 Registrar of Voters George H. Lowe, 1952 Sup?t. of Public Works Joseph H. DeFoe Town Counsel Daniel A. Lynch Town Engineer & Ass ?t. William M. Burns Supft. of Public Works Veterans ? Agent Edward F. Chapin Weighers Harold I. Wellington Jacob Bierenbroodspot Arthur J. Rivet, Jr. Evelyn Blake Matthew Gorham Thomas Lynch Arthur Genetti Paul Wagner, Jr. Wire Inspector Louis W. Bills The meeting adjourned at 9:40 P.M. A true record, Attest: lectmen.