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HomeMy WebLinkAbout1949-04-11154 SELECTMEN'S MEETING April 11, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, April 11, 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. Miss Edith Willard, Miss Robinson, Mr. Bidwell, their attorney, Mr. William Lyon, Mr. Norton Hood and Mr. Arthur J. Williams met with the Board. Mr. Bidwell presented a blueprint Building of Miss Willard's development on North Street. Mr. Williams, who purchased a parcel of land, permit was denied a building permit. He then applied for a Board of Appeals hearing and his application to affect variances of the Building and Zoning Laws of the Town were also denied. The case then went to the Emergency Housing Commission. The Commission granted the permit but with the provisions to send it back to the Board of Appeals on the question of the Building Laws. Mr. Williams then again applied for a building permit and his application has been in for about a month. He received a letter from Mr. Lindstrom stating that the matter had been referred to the Board of Select- men. The Chairman explained that he thought Mr'. Lindstrom meant that the matter had been referred to the Board of Appeals. Mr. Bidwell explained that there are sixteen lots of land and a portion of each of them is in Lexington and aportion in Burlington. He stated that the Zoning Law provides for a minimum of 12,500 feet and a frontage of 100 feet. Each of these lots have 100 foot frongage; however, they do not have the minimum area. He said that he feels that the Zoning Law, if strictly construed, prevents grant- ing a permit Miss Willard will have to take this to court. He said that he feels a permit which allows a variance can well be given on this property because the minimum area in a town is based upon two things: - stabilization of values and population. He stated that hh believes it is reasonable to ask that Miss Willard and Miss Robinson be allowed to build on this land. He said that if the Selectmen, in their wisdom, or the Board of Appeals feel that permission can not be granted the matter will go to court. MissWillard stated that before this area was CD FootII CLI 1 155 developed at all Mr. Lyon, at her request, thied to iron out all the difficulties that could possibly come up. They were told to go ahead and prepare'pinns viii ich were accepted by the Planning Board. She said they then applied for water so that they could sell these lot.. The Town granted the petitions with the idea to supply this land with houses. She said that it seemed to her that everything was definitely in favor of the town. The land was divided into large lots and she was very particular to whom she sold the land. The Chairman said that as he understands the situation there should be a hearing before the Board of Appeals. Mr. Bidwell said that Mr. Williams has been trying to get a hearing for five weeks. The plan that was filed with the original application was taken by Mr. Williams for some other purpose but he understands that the Building Inspector has a duplicate. The Chairman asked if Mr. Williams had applied for a hearing before the Board of Appeals. Mr. Bid- well stated that he has applied to the Inspector, but the Inspector, as he understands it, has to grant or deny the building permit in order to have a hearing.. Mr. Williams has heard nothing from the Building Inspector and can do nothing further about presenting his case to the Board of Appeals. Mr. Bidwell said that Mr. Lindstrom told him he was with- holding the permit until he heard from the Board of Selectmen. This matter has been before the town and delayed for seven months. Mr. Bidwell said that they were told last fall by Mr. Lindstrom if they could go to the Town of Burlington and obtain a permit he would issue one. Mr. Williams went. to Burlington and then was refused a permit from Mr. Lindstrom. Mr. Williams stated that when he asked Mr. Lind- strom for his plans Mr. Lindstrom assured him that there would be no harm in taking them. TheChairman inquired as to the proposed setback of the house. Mr. Williams said he believed it is 28 feet. He said that there is twelve feet of the house in Burlington and twelve feet in Lexington. Mr. Bidwell said that so long as they can build a house they do not care how much of it will be set in Lexington. The application was not guided in any way in the setting of his plans in regards to the school question. The Chairman asked if this matter were so important to the owner to have the 20 or 28 feet that they needed to go through all this. He asked if the lots could be sold on the 156 desirability of a 401 set back. Mr. Bidwell said he didnit believe so and he could see no reason why the builders should be asked to set their houses back forty feet. Mr. Lyon stated that if the houses are built in Burlington he cannot sell the land. The owner will have to vote in Burlington and will have no rights in Lexington. The Chairman said as he understands the situation the next thing islone more hearing before the Board of Appeals and then it will be proper for the Selectmen to enter into the controversy. Mr. Bidwell replied in the affir- mative and stated that if it was proper and the Selectmen can urge the Building Inspector to grant the building permit, he would appreciate it. The Chairman stated that Mi'. Williams certainly has the right for a hearing before the Board of Appeals but the Selectmen had ::nothing to do with the delay. The group retired at 8:15 P.M. It was agreed that the Chairman should look into the matter in an effort to determine what is holding this up, if anything. Mr. Alan G. Adams and Mr. William G. Potter of the Planning Board met with the Selectmen. Mr. Adams informed the Board that the Planning Board recommends that the Selectmen reject the Tax offer submitted by Gustave E. Larson of $1,300.00 Title for 13 lots on Hillside Avenue unless he agreed Property to construct an entrance from Oak Street. Mr. Potter explained that should Mr. Larson agree to do this the town would have the benefit, when he opened'the Area up, to sell the lots in that vicinity for a fairly good figure. The Chairman askec i.f they recommended that the offer be denied and that he be advised to see the Planning Board for an alternative prop- osition. Mr. Potter thought it could be handled in this manner or the Board could discuss it further witif Mr. Larson. Mr. Adams and Mr. Potter retired at 8:35 P.M. The Chairman asked what the Board wished to do and upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that Mr. Larson+s offer of $1,300. for 13 lots be not accepted. *10 Ptj Sad 15T Mr. DeFoe, Supt. of Public Works:: met with the Board. He presented a sketch of proposed whter Water main extension on Marrett Road and explained that the Extension main was extended last year up to property owned by a Mr. Caciolla. Mr. Rinaldo would noW1ike it extended to service Lot B-1 and is willing to pay for a distance of approximately 900 feet. However, no other property owner has asked for this service. The Chairman asked if Mr. ninaldo has applied for a building permit and he replied in the negative. He stated that Mr. Rinaldo might be satisfied with 400 feet this year; however, if the town extends only 4001 it appears that they can assess for only about one fourth of the cost. Mr. Gay moved that the Suptt. of Public Works prepare an estimate of the cost of the installation of 9001 and have it sent to the abutters for signatures. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe then presented a sketch showing the proposed water main in Oak Street. Mr. Larson, who owns all one side of the street, has signed the petition and Mr. West, who owns most of the other side, signed it but reserved the right to petition the Board for an abatement. Mr. Russell, the only other property owner refused to sign. Mr. West claims that he now has water and does not see how the town can assess him further. The Chairman said if Mr. West has a good reason for asking for an abatement because_ the present 2" main goes by his property it would appear that Mr. Larson could make the same claim. Mr. Nickerson Tax suggested that the Town Counsel be advised of this Title together with information submitted by Mr. Larson relative to his offer of $1,300 for 13 lots. Mr. Hoyj suggested that Mr. DeFoe discuss the matter with Mr. Lynch and that any decision be held over. Mr. DeFoe explained that there are three property owners, all on Asbury Street, but only one has Water signed for water. He is a G. I. and has his house all constructed. The Chairman asked if the town Extension would be able to assess one half of the cost or about two thirds of the linear footage. Mr. DeFoe replied that there is only about 50 feet that can be assedsed for the proportion on Glenwood Street. The Chairman suggested that it might be possible to service this house by extending the water main down Paul Revere Road. Mr. DeFoe said he understood from the Engineering Department that the proposed method is the shortest and the least expensive but he would be glad to check it further. 158 Mr. DeFoe reported to the Board that the Lexington Nurseries had a bad break in•their water service. The bill for the last three months is $401.81. Their average water bill for the last eight periods, or two years, -was $54.83. Mr. DeFoe suggested that the Nurseries pay the $54.83 and then pay for the rest of the water at the rate of what it cost the Town of Lexington. He explained that this is what has been done in the past and Water it will bring the water bill down to about $135.47. Bill The Chairman inquired as to where the break occurred and Mr. DeFoe said it was between the town pit meter and the Nurseries. The water went through the meter and it was lost on the Nursery property. Mr. Nickerson asked if the town would receive $54.83 plus what the town paid for the water and Mr. DeFoe replied in the affirmative. Mr. Hoyt moved that Mr. DeFoe be authorized to adjust the bill as outlihed. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe read a letter from Converse Hill of Elmer A. Lord and Company recommending that the town carry furnace explosion insurance on the buildings of the Hancock, High and Fiske Schools. This insurance would cover any explosion occurring in the fire box of a boiler caused by sudden ignition of an accumulation of Insurance carbon, oil or vapor in the fire box. Mr. Driscoll moved that Mr. DeFoe be authorized to place furnace explosion insurance on the Hancock School, High School and Fiske School through the office of Brewer and Lord. Mr. Hoyt seconded the motion, and it•was so voted. Abatement Mr. Larson's letter with reference to water in Ellis Street was held over from last week. Mr. DeFoe agreed to write to Mr. Larson. Mr. Frederick W. Britt's request for the abatement of sewer betterment assessment levied against his property on Simonds Road was held over. Members of the Board of Selectmen inspected the area and upon motion of Mr. Nickerson,seconded by Mr. Driscoll it was voted to abate in full a sewer betterment assessment in the amount of X193.80 levied against property owned by Frederick W. Britts, #104 Simonds Road. Prj b The decision on Mr. Palladino's offer to purchase lots 1 and 2 Massachusetts Avenue and lot 7 Bow Street was held over. The Chairman explained that members of the Board went down to look at these lots and conferred with Mr. Palladino. He is willing to accept a deed without anything in it about covering over the drain and he will give the town an easement providing the top of the ledge over the sewer pipe can be scraped to allow the water to go down to a catch basin. Mr. DeFoe felt that as a temporary measure he believed itcould be taken care of. The Chairman explained that Mr. Palladino will put in whatever fill is necessary if it will not make the pitch so flat that the water will not flow freely. Mr. DeFoe stated that when Mr. Palladino uses this for a driveway he should be told that nothing can be driven ever the pipe. The Chairman stated that the town is making no promise about pipe whatsoever but Mr. Palladino does not want the water to stand there. The Chairman asked if the Board wanted to sell and convey these three lots or wait until Mr. DeFoe makes a further report. Mr. Hoyt said that it seemed to him that the Board could depend upon Mr. Palladino to take care of this in the right way and that he would be willing to sell him the land. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to sell and convey lots 1 and 2 Massachusetts Avenue and lot 7 Bow Street to Mr. Palladino for $400., subject to the granting of }In easement 15' in width for drainage purposes; subject to the fact that the town is Rot required to the existing sewer easement on lot 7. (* put in any pipe and resttictions against driving over) Further consideration was given to the installation of parking meters in and around Lexington Center. Mr. DeFoe submitted a sketch showing the proposed locations. He explained that the bus officials and state officials had gone over this layout and it has been tentatively approved. There is, however, one bus stop that the Chief of Police feels should be changed and that is the one in front of Smith's Paper Store. The Chief also feels that the cress walk at Edison Way should be changed. 159 Tax Title In discussing this the Chief stated that if there are no meters on the side streets there will be all day parking on these streets. No definite action was taken on the matter. Parking Meters 160 Water leak Town Equipment Deny Permit Automatic Gates The Chairman read a letter from the Bed- ford Airport asking if it would be possible to obtain a credit adjustment in the water account for the period January 27, 1949, to March 30, 1949. During this period the airport lost approximately 3,872 cubic feet of water due to the malfunctioning of thealtitude control valve in their reservoir. The appropriation in their budget is insufficient to pay the excessive charges for February and March. The system was placed in normal operation March 22. and action has been taken to prevent a re- occurrence of this nature. Mr. DeFoe said he would send someone up to the airport immediately to read the meter. It will then be read in another month for a period reading. He will take a note of the current reading and check up on the average for the past two years and suggested it might be handled in the same way as that on the Lexington Nurseries. The Chairman read a letter from the Crowell Tube Co., 177 Bedford Street, requesting per- mission to hire the road scraper and roller. Mr. DeFoe said that he preferred not to rent out town equipment without the town operator and he has too tuch work delegated at the present time to space an operator. Mr. Hoyt inoved the request be denied. Mr. Driscoll seconded the motion, and it was so voted. Mr. DeFoe retired at 10:20 P.M. The Chairman read a letter from the Chief of Police advising the Board that he is not in favor of granting permission for town sidewalks to be used for any type of business. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to deny the request of the Minute Man Cafe for permission to sell either tonic or coffibe outside their restaurant on April 19th. Petitions were received from the Boston & Maine Railroad for approval of the installation and operation of automatic ..flashing; dual light signals as substitutes for gates manually operated at the Meriam Street and Hancock Street grade crossings. Mr. Nickerson said that it 1 seemed to him that the approaches to both of these grade cnnasings is very short for any kind of an automatic signal. The Chairman expressed the opinion that to substitute manually operated gates for automatic signals would be a mistake. Mr. Nickerson moved that the Board be recorded is in opposition. Mr. Gay seconded the motion, and it was unanimously voted. The Clerk was instructed to check with the Town Counsel for his advise as to the most effective way for the Board to express its opinion and as to whether or not he should appear at the hearing which is scheduled for April 25th. A petition was received from the Boston & Maine Transportation Co. for a license to operate passenger motor vehicles in either direction from the Bedford- Lexington town line via Massachusetts Avenue in Lex- ington. The Clerk was instructed to invite a repre- sentative of the company to the next meeting of the Board of Selectmen to discuss this petition. The Chairman advised the Board that a petition for a referendum signed by more than 250 registered voters of the Town and certified by the Town Clerk Special was filed with the Clerk of the Board of Selectmen Town on April 8, 1949, requesting that the questions Meeting involved in the vote of the 1949 Annual Town Meet- ing rejecting a motion as emended under Article 37 of the Warrant be submitted under the provisions of Section 80, Chapter 215, of the Legislative Acts of 1929. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson it was voted that a call for a special meeting be issued as of April 14, 1949, and that a special meet- ing be held on Tuesday, April 26th. Upon motion of Mr. Gay, seconded by Mr. Nickerson it was voted to approve Surety Bond #F100080 issued on behalf of William S. Scamman as Collector . of Taxes for the Town of Lexington in the amount of $ 55,300. The Chairman read a letter from Mr. Lynch to which was attached a release of easement to Charles W. Ryder and Robert L. Ryder, Trustees of Lexington Estates Trust. This release was drafted in compliance with the vote of the town meeting on April 4, 1949. Mr. Gay moved that the release be signed and the original be returned to the Town Counsel. Mr. Nickerson seconded the motion, and it was so voted. 161 Bus Line Bonds Easement 162 Sign Deed Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign the deed prepared by the Town Counsel conveying lot 10 Cedar Street to Claude A. Clark. • The Clerk informed the Board that the Chief of Police would like permission to use the kitchen facilities in Cary. Building on April 19th from 11;00 A.M. to 2:00 P.M. for serving:.food to the police Cary officers. Mr. Hoyt moved that the request be grant - Building ed. Mr. Gay seconded the motion, and it was so voted. Upon motion duly made and seconded it was voted Licenses to approve the following licenses: The Salvation:Asry, 87 Vernon Street, Boston Junk (ren.) William Viano 1794 Mass. Avenue Sunday Mov. Countryside t' Golf Associates The meeting adjourned at 11:30 P.M. A tame record, Attest: