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HomeMy WebLinkAbout1949-04-18 163 SELECTMENIS MEETING April 18, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, April 18, 1949, at 7 :30 P. M. There were present Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. Betterment assessments to be levied against property owners on Grant Street for the construction of the street Better- were discussed at length. The Chairman informed the Board ments that he had conferred with the Town Counsel on this subject Grant St. who advised him that the assessments as prepared under date of April 18th could be mailed. Any abatements could then be considered if and when the Board receives a request for them. Mr. Gay moved that the assessments as prepared under date of April-18th be approved and mailed. Mr. Driscoll seconded the motion and it was so voted. Mr. James J. Carroll met with the Board for the drawing of three jurors. William B. Colby; 127 Shade Street, was drawn to serve on the second session, Civil Business. Charles B. Peck, 5 Washington Street, was drawn to serve on the first session, Civil Business . Jurors Thomas A. Gailbraith, 178 Waltham Street, was drawn to serve on first session, Criminal Business. Mr. Carroll retired at 7 :43 P. M. The Chairman read a letter from Mrs. Thomas C. Morris, 4 Robbins Road, requesting information pertaining to streets Coasting reserved for coasting. The Clerk was instructed to refer the communication to the Town Counsel and to so advise Mrs. Morris. The Chairman read a letter from the Lexington Historical Society with reference to the Field & Garden's request for Germission to have an herb garden on the Buckman Tavern Mem'].. rounds in memory of Mrs. Hollis Webster. The Historical Garden Society is in favor of such a project. A letter was received from Mr. Garrity with reference to this garden and he would like to have more information as to the planting area and also whether or not the Garden Club intends to maintain the garden. The Clerk was instructed to write to the Lexington Field and Garden Club and suggest that they contact Mr. Garrity to discuss this subject in detail, who will then report further to the Board of Selectmen 164 .11 The Board a ilained that Mr. Gustave Larson had requested an appointment with the Board this evening. The Chairman said that he felt that what Mr. Larsen had to discuss was a matter that the Planning Board might be interested in and he, therefore, took the liberty of inbiting any members of the Planning Board that could to be present. At 8:03 P. M. qtr. Larsen and the following mem- bers of the Planning Board met with the Selectmen: Messrs. Adams, Couette, Johnson and Potter. The Chair- man stated that the Selectmen did not know whether Mr. Larson wanted to talk about Oak Street or Hillside Layout of Terrace but in either event he felt that the Planning land Board might like to hear what lie has to say. Mr. Lar- sen had no objections to the members of the Planning Board being present. Tax Title Mr. Larsen said that no reason had been given Property to him for rejecting his offer to purchase 13 lots of Hill- side Avenue. The Chairmah explained that the Selectmen thought that the Planning Board would not like the idea of having traffic going down on to Massachusetts Avenue. Water Also, from a business point of view, they did not think Extension it would be advantageous to the town. He said the Board would like to know more about what Mr. Larsen has in mind oft the whole proposition. He said he believed the Planning Board is of the opinion that a different 'set of streets could be worked out for the best interests of the town. Mr. Larsen said he would like to know if Oak Street can be made a 40' street instead of a 30' street before he starts building, Mr. Potter asked if a taking had been made on Oak Street which has never been entered into the travelled way. Mr. Larsen replied that he found a plan given to him by Mr. West and this plan showed the old stone wall and a set-back making Oak Street a 40' way. Mr. Potter asked if Mr. Larsen would object to telling the Board at what price he would value the lots. Mr. Larsen said he feels they are worth $1,000 each. He said they would not be far from this figure because there is a sewer'betterment assessment against the land now for about $1,000 or $1,200. He will then have to pay for this water'pipe going up Oak Street which will cost another $1,200. The land cost him $7,000 plus engineering fees. Mr. Potter asked him if he figured the lots have any value beyond 200 feet. Mr. Larsen said he had thought of cutting the lots back thinking he could buy some land from the town. He Said the town owns the land in the rear and if there were a street built it might take care of the land at the rear and some day the town could get something out of it. 165 Mr. Potter said that the Planning Board was con- cerned about the problem Of traffic coming down into Massachusetts Avenue. Mr. Larsen paid he did not be- lieve this would be any worse than Paul Revere Road. Mr. Potter pointed out that the traffic on Hillside Avenue would be coming in against the Massachusetts Avenub traffic. He said the Planning Board had thought of making this a one way street. He asked if Mr. Larsen purchased the lots at $100 each, which was his offer, would it pay him to give up one of the lots so that the traffic could go into ©ak Street. Mr. Larsen said that it might be worked out that way and if he is able to purchase the lots from the town•he intends to give this to Mr. Northrup, his engineer, to see what he can do with it. Mt. - Potter said he thought if something could be worked out whereby the traffic would go out on to Oak Street the Planning Board would recommend selling the lots. Mr. Larsen reminded the Board that if he purchased the lots he would then have the expense of putting them through the Land Court. Mr. Couette said that the Planning Board thinks the street should be 501 wide instead of 40 f eet. Mr. Larsen said the town would then have to take 10 feet on each side. Mr. Potter said he thought there has already been a layout made showing 101 on the side of the street now owned by Mr. Larsen. Mr. Larsen said. that he thinks if the water pipe is going to be installed in Oak Street the street should be widened at tha same tittle. Mr. Potter said that question would have to be determined before Mr. Larsen builds his houses because he would have to get his set-back. Mr. Potter asked if Mr. Larson would build on the lots as 50' lots or make them 1001 lots. Mr. Larson said he does not like 501 lolps and that houses can be sold better on 1001 lots. The Chairman explained that the Selectmen would like to have Mr. Larsen get together With the Planning Board in an effort to work out some project for this land that he now owns as well as the lots he would like to buy. He asked if Mr. Larsen would be Willing to meet with the Planning Board to discuss this in an effort to arrive at some solution whereby the town and Mr. Larsen would be benefited. Mr. Couette suggested that possibly Mr. Larsen would like to have his engineer do some work on this. He stated that he believed the land in the rear is of more value than the lots on Oak Street. ,Mr. Larsen stated that he would like to discuss this with the Planning Board because he felt if they could get together it might be a benefit to him and to the town. He agreed to meet informally with the Planning Board, and Mr. Couette suggested that he invite his engineer to be present at the same time. 166 Cld Mr. Nickerson suggested that Mr. Larsen try to work out a composite plan based on what the town owns and on the land that Mr. Larsen owns. He suggested that Mr. Larsen have his engineer bring in about three blueprints that could be marked up. Mr. Larsen said he thought this should have been discussed with the Planning Board. The Chairman said that the Selectmen are pleased to know that he feels as he does and will defer this until after he meets with the Planning Board and a report is submitted by that Board to the Selectmen. The members of the Planning Board retired at 8:30 P. M. Mr. Larsen informed the Board that the Public Works Department located the water pipe on Ellis Street and put on a roll of copper pipe to attach to his house. He explained that he went to the Water Department with an application to have the water° brought to the house and Water the girl told him she could not take the application and Exten- he would have to see Mr. DeFoe. He then returned and sion talked with Mr. DeFoe Who told him he Could not get Water Ellis until he had paid $150. cash. Mr. DeFoe explained to him Street that when the pipe is brought up Oak Street it will have to be tied in from Taft Avenue to Ellis Street, Mr. Larsen said that there is mater there and he does not see why he should pay $150 when the water is directly in front of his house. He said that he might have to get an attorney to look into it because he can't wait any longer for water. The Chairman explained that the Suptt. of Public Works will meet with the Board later on in the evening at which time this problem will be discussed with him. Mr. Larsen retired at 8:35 P. M. and Mr. DeFoe met with the Board. The Chairman asked him why Mr. Larsen was told it would cost him $150 to supply his house on Ellis Street with water. Mr. DeFoe explained that the pipe runs up to about the middle of Ellis Street to take care of both Sides of Taft Avenue. He said it was not meant to take eare of Ellis Street; however, the Town CoUlsel told him that the water is there and should be given to Mr. Larsen. Mr. Nickerson asked if it is worth $150 to the town to eliminate a dead end• Mr. DeFoe replied that- if a pipe is installed it will be a 12" mostly for fire protection. Mr. Gay said he thought the town should give Mr. Larsen water. Mr. Hoyt said he also thought the individual was entitled to it. The Chairman instructed Mr. DeFoe to contact Mr. Larsen and arrange to have the water connected. Mr. DeFoe reported on the condition of the cesspool located on Miss Powell's property on Burlington Street. He explained that it is in such a condition now that the ground has become saturated and the plumber has informed Miss Powellthat there is nothing he can do. L. 167 Miss Powell's assessment for the extension of the sever will be $900.90. The assessment which will be levied against the property across the street 'will be $1,628.00 and those people are not interested. The Chairman inquired if the problem could be solved by having the sewer extended up Blake Road Sewer exten- inasmuch as the Powell property is near Blake Road. sion on Burl- Mr. DeFoe replied that he thought it could be done ington St. for about $1,850.00 providing there is no ledge. However, there would be an assessment of approximately $1,174. 0 against the Kineen Farm and they do not need the sewer. The Chairman suggested the possibility of inviting the property owner in to discuss the problem. Mr. DeFoe informed the Board that he has already talked to them over the telephone and they are not interested in the extension of the sewer because they do not need it. The Board decided to inspect the Powell property on Tuesday, April 19th. Mr. DeFoe requested permission to connect the East Street drainage pipe from above Bertwell Road and into Bertwell Road drainage. He presented a Drainage sketch and explained the problem to the Board. He stated that the existing condition could-be remedied for approximately $100. The Board had no objection. Mr. DeFoe reported on the proposed taking for Chapter 90 Widening of Waltham Street and presented Chapt. 90 a sketch showing the area involved. The Chairman sug Waltham St. gested that Mr. DeFoe contact Mr. Ryder just to s ecure his ideas and then report to the Board. Mr. DeFoe requested permission to contact the State and County in an endeavor to have them appropriate an additional $900 for Chapter 90 Construction of Grove Street to be used for the erection of a guard rail. He explained to the Board that it appears now that the total sum of $1,500 will be used without providing a g uard rail. He now has a balance of $900 which could be used for this purpose. He has explained that he has discussed this with Chapt. 90 the State and was advised to take it up with the Board off Grove St. Selectmen and then contact the State again. The Chairman said he believed that it would be dangerous not to have a g uard rail. Mr. Nickerson moved that the Suptt. of Public Works be authorized to contact the State Department of Public Works and the Middlesex County Commissioners in an endeavor to obtain an appropriation of $900 from each for the erection of a guard rail under Chapter 90 Grove Street. Mr. Gay seconded the motion and it was so voted.. Further consideration was given to Mr. Grazianots request for an extension of a water main on Paul Revere Road. Mr. DeFoe explained that none of the abutters signed a petition requesting the extension of this water main. The Chairman asked how much Mr. DeFoa thought it would cost to come along Paul Revere Road providing no ledge is encountered. l 168 Ivall Mr. DeFoe replied he thought it would cost about $2,000. Mr. Nickerson said he thought it-might be a good policy to make a date, possibly June first, at which time the Board could consider requests for water extensions and also de- Water termine how much money will be available. The Chairman Extension asked if Mr. Nickerson wanted to make a motion on this. Mr. Nickerson moved that this request be deferred until June first at which time all r equests for the extension of water mains will be considered. Mr. Driscoll seconded the motion and it was so voted. Mr. DeFoe was inclined to disagree and stated -that Mr. Graziano had built his 'house before it was decided to post any signs in the Building Department with r eferehee to water mains. Mr. Hoyt said he wculd move to amend Mr. Niekerson's motion to exclude this particular case. Mr. Nickerson had no objection. Further discussion was held and Mr. Hoyt agreed to Withdraw his amendment. Mr. Driscoll said that he would just as soon hold this up until June. A letter *as received from Lillian L. Viano, executrix of the Estate of Felix Viano, in which she questioned some of the sewer assessments leied against the property on Better- Reed Street. Mr. DeFoe presented a sketch of Viano's ments property and explained that it had been laid out for lotting but n4ver recorded. NO betterment assessment has ever been paid for water on Bedford Street. Mr. Nickerson moved Mr. DeFoe be authorized to contact Miss Viano in an en- deavor to solve this problem. Mr. Gayseconded the motion and it was so voted. Mr. DeFoe brought up the subject of the installation of drains on Adams find East Streets. He stated that the town has several law Suits pending from the taking in this area which have not as yet been settled. The Chair- Drainage man asked if he were raising the question as to whether or not it would be wise to start this drainage work Or wait until the claims are settled. Mr. DeFoe replied Mr. Burns has discussed this with the Town Counsel and he wanted it brought to the attention of the Selectmen to find out how they felt about it. The Chairman explained that the Town has voted to install the drainage and the only question now is whether or not it is wise to start before the suits pending have been settled. Mr. DeFoe agreed to discuss this with the Town Counsel. The Chairman read a letter from the Board of Health requesting permission to use the room known as the Sealer Of Weights & Measures Office as a laboratory for the Health Sanitarian. The Board had no objection. ._ 169 A letter was received from the Board of Health in- quiring as to whether or not payments for sewer connections Sewer can be made over a period of five years and added to the Payments tax bills. The Chairman agreed to discuss this with the Town Counsel. Mr. DeFoe retired at 10:15 P. M. A letter was received from F. T . Smith, 20 School Street, offerring $65.00 for Lot 57 Grandview Avenue. The Clerk informed the Board that the Committee on Tax Title Property recommends $400 for this 1- t. Mr. Nick- erson said he did not think the Board could do anything Tax but accept the advice of the unofficial advisory committee. Title He said he thought the proper way to handle this would be to advise Mr. Smith that the Board would entertain an offer. The Chairman agreed to w rite the letter. A letter was received from Officer James J. Lima re- questing retirement under Chapter 32, Section 85E. Officer Retirement Lima claims to be physically incapacitated due to injuries received while in the performance of his duties. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson it was voted to send a copy of this letter to the Chief of Police and to follow the usual procedure required under General Laws. A letter was received from Mr. John J. Doheny referring to the appointment of a Health Sanitarian for the Town of Lexington. The Board feilt that there was nothing that Board of could be done except advise Mr. Doheny that this matter Health is entirely within the jurisdiction of the Board of Health. (This letter was given to the Tom Counsel by the Chairman of the Board of Selectmen. ) An application was received from Ernest W. Arnault re- questing permission to sell popcorn at the Barnes property on April 19th. Mr. Gay moved that the request be granted Permit subject to the approval of the Chief of Police. Mr. Hoyt 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: Licenses Walter J. Rpse 6 Tewksbury St. Public Carriage Clarence E. MacPhee 14 Baker Ave. Sunday Sales William Viano 1794 Mass. Ave. Sunday Movies Countryside Assoc. Lowell St. Sunday Golf (Trebirio's application for a Peddler's License and T. J. Morrisson's license for Sunday Sales were lett with the Town:Counsel by the Chairman of the Board. ) Upon motion of Mr. Nickerson, seconded by Mr. Gay, Special it was voted to appoint the following individuals as Police Special Police Officers for a term expiring March 31, 1950: (See Selectmen's File - 1949 - Special Police) The meeting adjourned at 11:00 P. M. A true record, attest: O1®Zill 1e