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HomeMy WebLinkAbout1949-05-16195 SELECTMEN'S MEETING May 16, 1949 A regular meeting of the Board of Selectmen was held on Monday evening, May 16, 1949, at 7:30 P. M. There were present: Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. The Chairman explained that Eugene Viano came in to the office Saturday morning and had a conference with him relative to the communication with the Bradford Motor Company with reference to proposed changes at the loca- tion of 34 Bedford Street. Mr. Viano is willing to pay Relocation any necessary share towards the installation of the of side sidewalk but he did not think there should ber:any walk expense for curbing. He explained that the curbing is already there and it will only be necessary to relocate it. The Chairman explained he had told Mr. Viano the Board has no specific objection to :the change up there. Mr. Viano said he would be glad to discuss the details with the Sup't. of rublic Works. Mr. Viano now owns all the land including the house next door so he does not see why he cannot do as he pleased. It was decided to have Mr. DeFoe contact Mr. Viano to work out any details. The Chairman read a letter from the Appropriation Committee requested information as to the members of the Capital Outlay Committee and the policies and plans of the Board of Selectmen relative to long range fin- ancial planning. The Chairman informed the Board that he had telephoned Mr. Ferguson and was advised that he has not as yet appointed the Capital Outlay Committee. Appro- Mr. Hoyt stated that he thought the long range planning priation should be developed by the Appropriation Committee and Comm. submitted to the Board of Selectmen and the Planning Board. The Chairman with the Board's consent, agreed to answer the Appropriation Committee's communication. A.letter was received from the Town Accountant advising the Board that it would be necessary to have a transfer of $1,337.58 to pay the retirement of Officer Transfer James J. Lima. Mr. Hoyt moved that the Appropriation 196 Committee be requested, to transfer the sum of 61,337.58 from the Reserve Fund to the Police Pensions Account. Mr..DDiscoll seconded the motion and it was so voted. At 7:35 P. M. Mr. Bertram P. Gustin and Mr. Paul F. Hannah of the Recreation Committee met with the Board of Selectmen for the purpose of discussing the enclosed field. The Chairman stated that with refer- ence to the subject of the Scott Heirs he thought per- haps the Recreation Committee has felt the Selectmen were not particularly enthusiastic about forcing this point to an issue legally. He said they know what the Town Counsel has told the Board on this particular subject. He stated that as hb recalls it there are two angles; one, the stipu- lation in the donor's request, and the other that the Town Counsel feels the town has made a contract with the donors by accepting the gift under the terms spec- ified. The Chairman said he believes the members of the Board of Selectmen feel that this matter is not really as important to 'them as it appears to be. The Chairman explained that the Selectmen understand that the School Department can charge for activities in the enclosed field and the only type of revenue that cannot be touched is that for non -school activities. Mr. Hannah stated that the Scott Deed confeys the land for public parks and playgrounds and while there is m question on the playground about giving the town the right to charge for recreation programs, he thought there might be some danger in the Scott Deed as it now stands with the enclosed field. The Chairman asked if the deed specified certain tie-ins with the Massachusetts Statutes. Mr. Hannah replied that it ties in with the old laws of 1929. How- ever, the old statute was revised with respect to the playground aspect to broaden the powers of the town. He stated that there has been no similar broadening of parks. The Chairman asked if the committee is interested. only in the playground. Mr. Hannah replied that if this were given for a park it would suffer from the restrictions. The only reason that it might be import- ant is that there might be some question that the use of it by the school in restricted ways might not in itself be a breach of the condition of the deed. The Chairman asked if the Recreation Committee's request to have the Scott heirs sign off is because they feel there is some question as to the legality of the money they are going to collect, or because they want to collect more money. Mr. Hannah replied that ha; thought the Selectmen wanted his committee to work out a plan whereby the committee could arrange to have a certain Iwomi 1 197 percentage of the receipts returned to the town. He said he believes this cannot be done without running afoul of the deed vkiich Scott gave to the town. He stated that if the Selectmen want this carried out they should make an arrangement with the Scott heirs to clear that aspect as well as other aspects. The Chairman said that he misunderstood what the committee really had in mind, and. that the Selectmen are not too interested in trying to force a situation where the Recreation Committee wants the town to be able to Charge any group t takes over the enclosed field. He said he feels the Board did not want to be too technical about getting strings off whereby the town could charge more money. The Chairman stated that from what Mr. Garrity has told the Board of the donor's real wish as conveyed to him by the donor, the Board felt it would be a good thing for the town as a whole not to have all the events admission paid. The Chairman said he thought the Board would pre- fer to forget the matter and not try to collect for everything. If the town can collect under the school program, well and good. He said that apparently the Selectmen have given the Recreation Committee the wrong impression. He said he does not., believe the Selectmen are primarily interested in revenue collected by the Recreation Committee. The Selectmen are look- ing at this more or less as something the town_ has bought and paid for. He stated that the Board thinks it is a good thing and from here on all the people in the town who can take advantage and get benefit from it should do so. Mr. Gustin stated that his committee is not primarily concerned as a producing committee. They do think the use of the field by certain groups, where there is money being spent.for cleaning it up, should bring in some revenue. He stated that as far as the school is concerned the principal idea was that the school would have a method of income from their athletic functions and their program would build up as the field built up. He said he would like to see this forced to an issue whereby the school could put the money in the town treasury and take it out again, or they could take the money and do what they wanted with it. The Chairman reminded Mr. Gustin that the Board of Selectmen has the decision that the money mustgo into the Town Trea- sury. He said that he recalls a meeting with the Town Counsel, the School Committee and the Recreation.Com- mittee at which time the Town Counsel said it was his opinion that the money should be turned in to the Town Treasurer. The Chairman said that if the members of the School Committee did not understand this the Board would so advise them. Mr. Gustin agreed to discuss this with the School Committee. Mr. Hannah said he is concerned over the remote consequences of charging anyone and the result whereby the Scott heirs might want the land back. 198 Request for ball park area of Kineeri ' s Pond Water and sewer exten- sion request Mr. Gay asked if they had received any requests from outside organizations for the use of the enclosed field. 'Mr. Gustin said that Tom Moon had requested per- mission to use the field and Mr. Gustin advised him the committee would be glad to give him a permit and receive a contribution. The Chairman said it is opinion that the Recreation Committee cannot endeavor to obtain revenue on a per- centage basis. He thought that would be very dangerous inview of the Town Counsel's ruling. Mr. Driscoll moved that the Chairman discuss this again with the Town Counsel. Mr. Nickerson seconded the motion and it was so voted. Messrs. Gustin and Hannah retired at 8:15 P. M. Mr. Gardner Ferguson and Mr. Joseph DeFoe, Supt. of.Public Works, met with the Board with reference to receiving aid from the town in making a baseball area available at the Kineen Pond. The Chairman explained that the Recreation Committee and Mr. Garrity are in favor of the proposition submitted by residents in the Kineen Pond area. Mr. Nickerson asked if the group would expect to have the area rolled and graded. Mr. Ferguson replied in the affirmative. Mr. DeFoe stated that no knolls are indicative of ledge and if there is any amount of ledge it will be a very expensive proposition. Mr. Ferguson said that no borings have been taken but he does not believe there is any ledge. The Chairman asked Mr. DeFoe what he thought this project would cost. He he has not seen the area and does not know how many yards of loam will have to be moved. If Mr. Garrity's letter is cor- rect he thought it would cost between $100 and $150 in- cluding any loam, fine grading or seeding. The Chair- man asked what the people in the area would do and Mr. Ferguson replied that they would not do any more than they_wou.d have to. He said about all they could do would be cutting grass and raking. He stated that there are about ninety-two children in the area that would use this ball field. The Chairman suggested that Mr. DeFoe inspect Kineen's Pond area with Mr. Ferguson and Mr. Garrity and advise the Board next Monday just how much he thinks it would cost to make this area available for playing ball. Mr. Ferguson retired at 8:35 P. M. and Mr. Durkin met with the Board. He explained he is having a house built on Manley Court and would like the extension of the water and sewer mains. Mr. DeFoe presented a sketch of the area and the Chairman asked when Mr. Durkin started his house. Mr. DeFoe replied that the permit was taken out in February. He explained that 16 feet of water pipe would take themain up to the house line and he thought they would have to go to the middle of the property for the sewer which would be about 30 feet. The Chairman asked when the house would be completed and Mr. Durkin 1 199 replied that the builder advised him that he could move in about the middle of July. Mr. DeFoe agreed to re- . port further to the Board next Monday night. The Chairman asked if Mr. Durkin would be willing to pay whatever the assessments would be and he replied in the affirmative. Mr. Durkin retired at 8:45 P. M. Mr. DeFoe reported that Mr. Crowley of the State Traffic Division inspected the intersection at Bedford, Hill and Revere Streets. He believes, as does Mr. DeFoe and the Chief of Police, that there is sufficient control at this intersection. Before the State will approve traffic lights there must be 500 vehicles passing the intersection a day, 125 of which must come out of the side street. A survey means a 12 hour study which would have to be done by the Town of Lexington. He stated that there are two Traffic types oflight; the regular conventional lights. which Lights will cost $2,000, and the pad type which will cost $2,500 if installed. If just a blinker is used it will cost $800. Mr. DeFoe stated that if the "STOP" signs are obeyed there will be no problem. The Chairman asked what the Board desired to do. Mr. Nickerson moved that petitioner be notifed that it is the opinion of the Chief of Police and an outside expert that this is not a location where present con- ditions warrant the installation of traffic lights. Mr. Gay seconded the motion and it was so voted. Mr. DeFoe requested an abatement of the excess water used by the Bedford Airport and presented the Board with a detailed breakdown of the bills from Abatement February, 1948, to January, 1949. Mr. Driscoll moved that the Sup+t. of Public Works be authorized to pre- pare an abatement form for signatures for the excess water charged against the Bedford Airport, Mr. Hoyt seconded the motion and it was so voted. Mr. DeFoe reported on the increased telephone rates and siad he would discuss this further with some other communities. He said the amount the town would pay extra is not anything like that indicated in the letter received from the Town Accountant. He informed the Board that there is a fixed charge per month for the Switch board and all the various phones. He stated that the town has been receiving 33 113% off per month which amounts to about $61.00. The cost now will be approximately $20.00 each month. There will be no change in toll costs. He informed the Board he had received this information from a represent- ative of the Telephone Company. If telephones are install- Telephone ed in each office the cost will be $64.84 per month against $61.74. He agreed to contact the towns com- parable to Lexington for further information relative to the switchboard. Mr. DeFoe requested permission to install a water main in Golden Avenue. He stated that this has Zoo been provided for in his budget and the agreement with the Town of Arlington approved by the Town :1. Water Counsel. Upon motion of Mr. Nickerson, seconded Extension by Mr. Gay, it was voted to authorize the Sup't. II of Public Works to prepare the order for the installation of a water main in Golden Avenue. Contract Mr. DeFoe reported that according to Town Counsel it is necessary to have a contract for sodding on Grant Street. Mr. Driscoll moved that the con- tract be signed. Mr. Gay seconded the motion and it was so voted. Mr. DeFoe presented bids received from four different concerns for the purchase of two two -ton Equip- trucks. Upon motion of Mr. Driscoll, seconded by ment Mr. Nickerson, it was voted to purchase one two -ton dump truck from F. R. Childs at a net cost of $2,240.05; and, one two -ton dump truck from F. K. Johnson, Inc. at a net cost of $2,211.60. The Chairman read a letter from Mr. DeFoe with reference to the recent communication received from Mr. Palladino relative to Lots 1 and 2 Mass. Avenue and Lot 7 on Bow Street. Upon motion of Mr. Nick- erson, seconded by Mr. Driscoll, it was voted to in- corporate the stipulations outlined in Mr. DeFoe's letter in a letter to Mr. Palladino and to advise him if the conditions are not agreeable to him the Board is willing to forget the whole sale of the lots. Mr. DeFoe retired at 8:05 P. M. Invitation An invitation was received for the members of the Board to attend the Girl Scout Rally on Saturday at 2:00 P. M. An invitation was received from the British Naval and Military Veterans' Association inviting the Board Invitation to attend the annual pilgrimage to Lexington on Sunday, May 29th at 1:00 P. M. The Chairman read a letter from Frank L. Stevens with further reference to the Town Dump. The Board Dump authorized the Chairman to acknowledge the letter and advise him that the Board would investigate the subject further. Dog Complaint Dog Complaint A sworn statement was received signed by Josephine Berglund and Ernest T. Berglund relative to a dog which they claim to have attacked their five year old daughter. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was unanimously voted to order a black and white Dalmation dog owned by Richard Tracey, 5 Dutler Avenue, Perman- ently restrained. A sworn statement was received signed by Mjohael E. McDonnell relative to a dog which he claims to have attacked Miss Ellen McDonnell. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was unanimously voted that a chow dog owned by Eleanor M. Boyle, 3 Curve Street, be permanently restrained upon receipt of a report from the Dog Officer. Upon motion of Mr erson, it was voted to William Viano Countryside Associates William Gallo n e . Gay, seconded by Mr. Nick - grant the following licenses: 1794 Mass. Avenue Sunday Lowell Street "; 424 Marrett Road Common Sunday 201 Licenses Movies Golf Victualler (new Sales An application was received from the Senior High School requesting permission to use Cary Hall on June 5 for a baccalaureate service, June 8 for graduation Uses of exercises and June 10 for a graduation dance. Mr. Gay Hall moved that the uses of the hall be granted free of charge. Mr. Hoyt seconded the motion and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Sign water Hoyt, it was voted to sign the order for the install- order ation of a water main in Williams Road. The L'hairman informed the Board that the Lexington Taxpayer's Association had telephoned the Selectmen's Office and requested permission to use Cary Memorial Use of Hall on May 31st for a meeting. Mr. Hoyt moved that hall the request be granted free of charge. Mr. Nickerson seconded the motion and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to reappoint Prof. George E Russell to Apptt. serve as a emeber of the Board of Health for the Town of Lexington for a term expiring June 1, 1952. A letter was received from E. A. Lindstrom, the Building Inspector, relative to a complaint received from Mr. Gay with reference to the Tyler property on re com- Maple Street and the Higgins property on Maple Street. plaint Mr. Lindstrom reported in his letter that the Tyler property is being used for a rest home which is permissible under the Zoning Laws. He stated that he had made an inspection of the barn on the Higgins property and foudh that it is being rented by Mr. Higgins to Arthur C. Rowe of 29 Orange Street, Woburn, and no products are being sold on the promises but are taken to the market. Mr. Hoyt agreed to contact Mr. Rowe and ask him to define the extent of the business. Bldg. Insp. The meeting adjourned at 11:15 P. M.