HomeMy WebLinkAbout1949-04-05144
Report,
Pre
-
grecs
on Scott
Building
( see page 152 for April 4th meeting)
SELECTMEN'S MEETING
April 5, 1949
A regular meeting of the Board of Selectmen
was held on Tuesday evening, April 5, 1949, in the
Selectmen's Room. There were present; Chairman
Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt.'
The Clerk was also present.
At 7:30 P.M. Mr. William H. Ballard, met v6-th
the Board to discuss further progress being made
by Mr. Scott on the Central Block. Mr. Ballard -
stated that he had spent 2 1/2 hours inspecting the
Scott Building with Mr. Scott, his attorney 7tr.
Murphy, and his contractor. Mr. Ballard reported
at length on the conditions found and made the
statement that he thinks Mr. Scott has made some
progress. He received a letter from Mr. Scott
March 21st stating that the carpenter has completed
his work and the janitor will have the halls-
and roof cleaned.
Mr. Scott inquired three or four times about
purchasing the old fire station property. Mr.
Ballard stated that there was not much of any discussion
about widening Massachusetts Avenue. He invited Yr.
Scott to meet him at his office some day to discuss
this further.
Mr. Lynch arrived at the meeting at 7:45 P.M.
The Chairman said that he thought Mr. Ballard
hoped and the Board of Selectmen hoped that the
third story on the Central Blockcould be eliminated.
Mr. Ballard explained that he still has hopes of
interesting Mr. Scott to agree to accept notice to
vacate the third floor at a date agreed upon. He
said that 'hat he is making tonight is a report of
progress of repairs. The Chairman asked if Mr.
Ballard is satisfied with theprogress that has
been made and Mr. Ballard replied that he has not
made an inspection. Mr. Ballard said that there is
not any question but that with these alterations
and improvements made there has been some progress but
he is not satisfied to let it rest at that by any
means. He plans to make another inspection after
this meeting tonight. Mr. Ballard stated that the
fire house lot may be a great trading item in so
far as the future Widening' -of= Massachusetts Avenue
is concerned. He said he would like to renew his
recommendation that the Selectmen obtain authority
to sell the fire station lot.
145
Mr. Lyhch said that the Board would have to
know when the town bought the land and how it was
purchased. The Chairman asked what Mr. Scott would
want for 20 feet and Mr. Ballard replied that he
would have to guess on that. The Chairman suggested
that the widening of Massachusetts Avenue rest for the
present time. He said he assumed that Mr. Ballard
would want to see Mr. Scott several times more to
develop the best possible solution and Mr. Ballard
agreed.
The Chairman said that the Board has discussed
the fire station matter but he did not know whether
the entire Board had it clearly in their minds as
to why Mr. Ballard wanted the Board to have the
power to sell the fire station property. He said
it would seem, however, that it would be well for
the Board to have that power. Mr. Nickerson said
that if the Selectmen acquire that power it might
be regarded by the Board as a mandatory power.
The Chairman explained that the Board felt
it might be dangerous if it were not utilized for
S. number of years and the personnel of the Board
changed, and the power might be used in a way not
for the best interests of the town. Mr. Ballard
explained that th*eason he would like to have the
Selectmen authorized to dispose of the property was
because of the fact that if he worked out a plan
satisfactory to the Board and to Mr. Scott he
would then have to wait three or four months before
a town meeting was held. The Chairman asked if
Mr. Ballard wants it solely for leverage purpose
and Mr. Ballard replied in the affirmative. Mr.
Ballard retired at 8:30 P.M.
Mr. Russell of the Board of Health and Mr.
Lindstrom, Building and Plumbing Inspector, met
with the Board for the purpose of discussing.
occupancy permits. Mr. Russell asked what could
be done about builders coming into the town,
building houses and then selling them without
occupancy permits. Mr. Lindstrom stated that
people move intro houses very often before the
building is completed. Mr. Lynch asked if Mr.
Lindstrom had ever issued any occupancy permits.
and he replied in the affirmative. He said, how-
ever, he didn't think he had issued more than 5%.
Mr. Lynch stated that once people move into a
house it would be very difficult to get them out.
He explained that the law is comprehensive enough-.
but difficult to enforce. He suggested that the
146
Occupancy
Permit
Water
Extension
Request
cesspool permits be procured before the plumbing
permit is issued. Mr. Lindstrom said that if the
Board wanted him to have the cesspools constructed
before he passes on the plumbing work he will be
glad to try it out.
Mr. Russell suggested that something be print-
ed on the building permit calling the contractor's
attention to the fact that occupancy permits are
required. The Chairman asked if Mr. Lindstrom
could see any practical reason for not holding up
the plumbing until the Board of Health has approved
the cesspools. Mr. Lindstrom thought that h&
might be criticized. Mr. Russell said that he
would like to have Mr. Lindstrom try this out if
he is agreeable. Mr. Lindstrom asked when this
procedure would become effective and Mr. Hoyt
thought it should be commenced immediately.
Mr. Lindstrom agreed to have the cesspools
approved before issuing any pluitaing permits.
The group retired at 9:10 P.M.
Mr. Gustave E. Larsen met with the Board. He
said that he would like to get water for the house
he is now constructing facing Taft Avenue. The
Chairman explained that he has discussed this
with Mr. DeFoe and he drove up Ellis Street last
Saturday and thought he saw in the location Mr.
Larsen refers to, a plug. Mr. Larsen said
that he saw it and his engineer, Mr. Northrup,
took a flash light and looked down a plug hole
and saw what they believed to be a water gate.
Mr. Larsen explained that this pipe is only
22 feet from his lot line but he has been told
by Mr. DeFoe that the town will run into con-
siderable expense if they are to furnish them
water. He said that apparently the town would
prefer to bring the pipe up from Oak Street which
would mean that he would have an assessment of
253 feet. He said he does not think this is fair
when the water is apparently only 22 feet from
his property. The Chairman explained that he
had told Mr. DeFoe thathe had seen the plug and
Mr. DeFoe had agreed to investigate this further.
TheChairman said. that it seemed to him that there
may be a great deal of commotion that is unnecessary.
If there is water there Mr. Larsen's problem frill
be solved. Mr. Larsen agreed but stated that he
has filed an application twice for water and both
times has been refused.
1-4
The Chairman explained that Mr. DeFoe will
be meeting.with the Board this evening at which
time this subject will be discussed further.
He said that if there is no water he -would suggest
Mr. Larsen come back again but it does look as if
there might be water there. Mr. Larsen retired
at 9:25 P.M.
The Board gave further consideration to Mario
Filipetti+s offer of $ 350 for Lot 5 Massachusetts
Avenue. A proposal to sell this lot was advertised
in the March 31, 1949, issue of the Lexington
Minute -Man. No persons contacted the Selectmen's
Office as the result of the advertisement. Mr.
Nickerson moved that the offer be acceptedandthat
Lot 6 Massachusetts Avenue be sold and conveyed to
Mario Filipetti. Mr. Gay seconded the motion, and
it was so voted.
The Chairman read a letter from Ernest E.
Rogers who is soliciting a portion of the towns
insurance business. The Chairman explained that
when Mr. Rogers met with the Board last week he
was told that there was a general pattern of
insurance coverage and insurance distribution
which had been laid out several years ago and this
Board believed that there were various valid reasons
for the way the insurance was divided. However,
the Selectmen were not prepared at that moment to
discuss the situation and suggested that he submit
a formal request in writing. Mr. Nickerson asked
if it would be in order to defer this matter until
such time as a proper study can be made. The Chair-
man said that if it meets with the Board's approval
he would like to delegate Mr. Gay and Mr. Nickerson
to look into the insurance program.
The members of the Board had no objection and
both Mr. Gay and Mr. Nickerson agreed.
The Chairman read a letter from Bradford Motors
requesting the removal of a tree now located in the
driveway that they propose to build. The Clerk
informed the Board that Mr. Garrity suggested that
the members of the Board view this area. Be personally
is not in favor of having a driveway as large as the
one planned by the Bradford Motors. The Board agreed
to hold thiover for one week.
The Chairman read a letter from Mr. Walker, Town
Accountant, informing the Board that the Town Meet-
ing voted to transfer a -total of $ 47,000. from the
147
Tax
Title
Insurance
Removal
of tree
148 c
Water Department Available Surplus fund. The
total amount in that account as of Mar. 31, 1949,
is $ 46,546.11. Mr. Walker recommends that the
Assessors raise by direct assessment the amount of
7,000.00 voted to be transferred from this account
to the Public Works Sup'ts. Officer Personal Services.
Upon motion of Mr. Hoyt, seconded by Mr. Driscoll,
it was voted to write the Board of Assessors and
Transfers recommend that they raise $ 7,000.00 by direct
assessment instead of transferring this amount
from the Water Department Available Surplus Account.
The Chairman read a letter from L. A. Ormand,
136 Grant Street, requesting permission to rent
space at the Barnes Property to be used as a
research laboratory. Mr. Hoyt moved that the
Barnes request be denied. Mr. Nickerson seconded the
Property motion, and it was so voted.
Permit
A letter was received from the Minute Man
Cafe requesting permission to operate a stand
outside the restaurant on April 19th for the
purpose of selling tonic or coffee. The Clerk
was instructed to obtain an opinion from the
Chief of Police.
Mr. DeFoe met with the Board at 9:45 P.M.
He requested permission to purchase a supply of
Purchase vitrified clay sewer pipe and informed the Board
Pipe that he had received a quotation from the Lexington
Lumber Company of .2787¢' per linear foot less 2%
cash discount. He also received a quotation from
Waldo Bros. of . 265¢ per linear foot less 3%
cash discount. Mr. Nickerson moved that the
Superintendent of Puhlic Works be authorized to
place an order with Waldo Bros. for 4800 feet of
vitrified clay serer pipe at their quotation
of . 264 per linear foot less 3% cash discount.
Mr. Gay seconded the motion, and it was so voted.
Mr. Deroe disgussed further the requests sub-
mitted by Gustave E. Larsen for the extension of e
water main on Elli2 Street. The Chairman Wormed
Mr. DeFoe that Mr. Larsen claims that he has found
the pipe in Ellis Street.
Water
extension
in Ellis
Street
Mr. DeFoe said that he has been misinformed
if what Mr. Larsen says is true. The Chairman
explained that he saw a cap in the street partially
covered up with the last three letters reading
"ter". Mr. DeFoe said that he had sent the
Assistant Suptt. of Public Works and Mr. Wessinger
to investigate and they claim to have found the
end of the water pipe in Holland Street. The Chair-
man stated that Mr. Larsen claims to have taken
the top off and with the use of a flash light seen a
water gate. Mr. DeFoe agreed to check this matter
personally.
Further consideration was given to Kaarle Manni's
request for the extension of a water main in Columbus
Street. Mr. DeFoe reported that from his observation
this would appear to be ordinary digging. Mr. Manni
is building a house on Lot #5 and expects to construct
another house on Lot #6. The individual who owns a
lot across the street has also requested the extension
of the water main. The Chairman said that he believed
the Board of Selectmen should decide on some logical
approach on granting requests for the installation of
water mains. It was suggested that the Superintendent
compile a list of requests for service together with the
date of the request and keep them in numerical order.
Mr. Nickerson moved that the request for the extension
of 120 feet of water main in Columbus Street be granted
at an approximate cost of $720. Mr. Gay seconded the
motion, and it was so voted.
Further consideration was given to Mr. Palladino's
offer for the purchase of Lots 1 and 2 Massachusetts
Ave. Mr. DeFoe said that he estimates. aminimum of
$300 to install the pipe and cover the brook. Mr.
Palladino is willing to give the town the necessary
easements. Mr. Nickerson moved that Lots 1 and 2
Massachusetts Avenue and Lot #'7 Bow Street be sold
and conveyed to Mr. Palladino for the sum of $00.,
subject to sewerage and drainage easements and that
the town be not called upon to put in the drainage
for a period of at least one year. Mr. Gay seconded
the motion, and it was so voted.
After further discussion on the subject Mr.
Nickerson withdrew his motion. Mr. Gay had no object-
ion. The Chairman suggested that the Board view this
area again and hold the decision over until next week.
Miss Melissa Hunt's request for the abatement of
a sewer betterment assessment levied against her
property on Meriam Street was held over from last
week. Mr. DeFoe informed the Board that he has dis-
cussed this with Mr. Lynch who agrees that the property
can not be built upon and, therefore, no betterment can
be assessed. Mr. Gay moved that the sewer betterment
assessment levied against property on Meriam Street
owner by Melissa Hunt be abated in full. Mr. Nickerson
seconded th iotion, and it was so voted..
149
Water Ext.
Columbus
Street
Tax
Title
Property
Sewer
Betterment
Assessment
150
Complaint
Resignation
Report
Report
Cary Hall
Licenses
Appointment
Bd. of Pub.
Welfare
The Chairman read a communication signed
by residents of Bedford Street calling the
Board's attention to the condition of land
adjacent to the brook between Bedford Street
and Valley Road. Mr. DeFoe said that he plans
to level this land cf f but has just not had
the time to do it. Mr. DeFoe retired at 10:50
P.M.
The Chairman read a letter from Lester . Andrews
submitting his resignation as a member of th oard
of Fire Engineers effective April 30th.
The report of the Sealer of Weights &
Measurers for the month of March was received
and placed on file.
The report of the Police Department for
the month of March was received and placed on
file.
A letter was received from the Lexington Tax-
payers Association requesting permission to use
a Conference Room for a meeting of the long range
planning committee. Mr. Gay moved that the
use of a conference room be granted free of charge.
Mr. Nickerson seconded the motion, and it was
so voted.
Upon motion of Mr. Gay, seconded by Mr.
Nickerson, it was voted to grant the following
licenses:
W. S. Caouette 1710 Mass. Ave. Auctioneer (ren.)
F. B. Hubley 4 Stetson St. " "
Marcia W. A. Dane 1736 Mass. Ave. Intelligence Office
(ren.)
Celia W. Johnson 916 Waltham St. Common Victualler
(not approved) (new)
rr 0 0 0 " " Suhday Sales "
(not approved)
The Chairman explained that the Board had
deferred action relative to the reappointment of
the members of the Board of Public Welfare until
Mr. Driscoll's return. Mr. Driscoll moved
that the present members of the Board of Public
Welfare be reappointed for a term expiring
March 31, 1950. Mr. Hoyt seconded the motion,
and it was so voted.
151
Use of
The Clerk informed the Board that the Common:
Boy Scouts would like permission to conduct exercises
on the Common Saturday morning, April 9th. In checking
with Mr. Garrity she was advised that he has no object-
ion. Mr. Nickerson moved that the request be granted.
Mr. Driscoll seconded the motion, and it was so voted.
The Board discussed further Mr. Howard Sawyer's
request for a taxi stand in Depot Square. Mr. Hoyt
moved that Mr. Sawyer be advised that until the Taxi
Board of Selectmen has settled the question of park- Stand
ing meters and the traffic situation that will result
therefrom, they will not consider further the question
of taxi permits or locations. Mr. Driscoll seconded
the motion, and it was so voted.
The. Clerk informed the Board that J. Henry Duffy
had telephoned and said that the Field and Garden Club
would like to know whether or not the Selectmen will
permit the Club, through a committee, to have an herb
garden somewhere on the Buckman Tavern property, near
the house, im memory of Mrs. Hollis Webster. Mr. Hoyt
moved that Mr. Garrity and the Lexington Hdstorical
Society be so advised and an opinion obtained from
them. Mr. Gay seconded the motion, and it was so voted.
The Chairman informed the Board that Mr. G. B.
Colesworthy, 23 Hancock Street, ppoke to him about
the traffic on Hancock Street. The Chairman said
that he has noticed that the traffic regulations in
front of the Central Block are not being enforced.
The Board agreed to have the Chairman speak to the
Chief of Police on both matters.
The meeting adjourned at 11435 P.M.
A true record, Attest:
Permit
Police
re:
Traffic