Loading...
HomeMy WebLinkAbout1949-10-31406 Jurors SELECTMEN'S MEETING OF OCTOBER 24, 1949 on page 425 • SELECTMEN'S MEETING October 31, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, October 31, 1949, at 7:00 P. M. There were present Chairman Emery,,Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk, was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors: Eugene B. Hamilton, 1 Braemore Terrace, was drawn to serve on civil business, second session. Kenneth E. Hannan, Engineer, 44 Maple Street, was drawn to serve on civil business, first session. George E. Graves, 33 Adams Street, was drawn to serve on civil business, first session. Mr. Carroll retired at 7:07 P. M. and Mr. DeFoe, Supt. of Public Works and Mr. Burns, Town Engineer, met with the Board. Mr. DeFoe presented a sketch for the lay -out of sidewalk and curbing on the westerly side of Depot Trees Square.- He explained that he has conferred with Mr. and side- Garrity, Suptt. of Parks and Playgrounds, relative to walks the two trees involved. Mr. Garrity informed him that one tree is not in very good condition and he does not believe that it will be much of a loss if both trees are removed. Mr. Garrity further advised him that the trees can be removed without posting. On motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the lay -out as presented by Mr. DeFoe. 'Insurance Mr. DeFoe reported on the insurance for Ledgelawn Avenue and adjacent streets to be constructed. The Chairman stated that once the town voted to accept the streets the town is then liable for any undue negligence and the question came up as to placing insurance. Mr. DeFoe obtained figures from Converse Hill as follows: $25/50,000 Public Liability (suggested by Town Counsel) is $12.00 for one year for 8/10 of a mile. Property Damage for $4,000 is $6.06 for 8/10 of a mile and for $5,000 is $6.25 for 8/10 of a mile. Mr. Hoyt moved that the Suptt. of Public Works be authorized to place the insurance in the amount t3 cover $5,000 providing the town meeting voted to adcept the streets. Mr. Gay seconded the motion and it was so voted. Cad 1 1 1 1 A discussion was held relative to entering the streets and doing any work before actual construction is started. Upon motion of Mr..Driscoll, seconded by Mr. Gay, it was voted that the Supt. of'Public Works be authorized to spend an amount of money not to exceed $500 in an effort to put these streets in a passable condition for the winter. Mr. DeFoe reported further on Mrs. Parsons' request for an abatement of the sewer betterment assessment levied against her property on Eliot Road. He explained that the sewer goes directly by the Parson house. However, the cellar which has no set tubs or toilet, cannot be serviced by the sewer. The first and second floors can be serviced. In the basement there is a dark room which her son uses in photography work; otherwise they have no use for the•sewer as far as the basement is concerned. Mrs. Parsons informed Mr. DeFoe that she has a septic tank with an overflow and does not want to connect with the sewer. Her husband has recently died and she is trying to conserve her money. The Chairman said that it would appear to him that this is Just a case of hardship and nothing else. Mr. Nickerson suggested that Mrs. Parsons be advised that the payment could be placed on the deferred.basis and if she is in stringent condition the interest may be abated from year to year. The Chairman expressed the opinion that this might be establishing a precedent which could result in many similar requests. The Board finally agreed, however, to reduce the betterment assessment by one-third. The Chairman reported that -he had met with Mr. DeFoe and Mr. Burns this morning and Mr. DeFoe, Mr. Burns and Mr. Lynch this afternoon relative to the layout of Liberty Avenue. He explained by the use of the plan that Mr. Ham- ilton owns property across the street from t he property owned by Mr. Schector and Mr. Fletcher. Mr. Schector and Mr. Fletcher are very much disturbed because a 10' taking is being maintained on their side, whereas a 10' taking is being reverted on Mr. Hamilton's side. He explained the reason is becaused of the high bank and the advisability of reducing to a minimum slope easements on other dislocations. However, in the other sections of these streets the 40' lay- out has been so that there is 51 on each side. He explained that this was discussed with Town Counsel. The Chairman also stated that there will be a $500 construction cost to move the layout so that there is five feet on each side instead of ten feet reverting on one side. During the discussion this afternoon it seemed that it might be the better thing to do to have the over-all program consistent. Then no one could claim that he had been treated differently. If the plan is changed the Town Engineer will have to do some work on it and it will then have to be approved by this Board. 407 Parsons Sewer Abatement Layout of Liberty- Ledgelawn discussed 408 Mr. Burns explained that the Board would also have to approve a new description.. Mr. Nickerson asked What the reason was that there should be any change made. The Chairman replied that it was to keep the layout consistent so that no one, two or three people could feel that they had been treated in a different manner. He said he thought for the sake of risking a few hundred dollars it might be worth holding out on this rather than taking the risk of having two or three abutters raise enough doubt in the minds of the voters to defeat the acceptance of the streets. Mr. Nickerson asked if this was platted before the houses were built. The Chairman replied that it was laid d, out many years ago. Mr. Nickerson said that it would then be giving some- one more, giving them less on the present layout. Mr. Burns presented a plan and profile and explained it in detail. Mr. Hoyt asked which was the better project from an engineering standpoint. Mr. Burns said that the way he has it laid out is what he believes to be the reasonable way to but all things considered from the standpoint of the town and also of the abutter, the layout as prepared is the logical one. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted that the plan and profile of Liberty•Avenue as pre- pared by the Engineering Department, be approved. The Chairman asked Mr. Burns if he were prepared to state that in his opinion this is the best engineering layout both from the townts standpoint and the abutter's standpoint. Mr. Burns replied that is absolutely why he made it up the way he did. The Chairman said he would like to make himself clear that the Town Counsel favored compromise on this merely to help get it through Town Meeting. There is no legal angle. At 8:07 P. M. hearing was declared open upon the inten- tion of the Board to lay out as a town way the way known as Part of Bow Street from Cummings Avenue, northeasterly approxi - Hearing mately 304 feet. Layout Mrs. John A. Leo, 72 Bow Street; Mr. and Mrs. Edwin L. of Bow Waite, 68 Bow Street, and Mrs. Maria Santosusso and Benjamin Street Santosusso, 81 Bow Street, were present at the hearing. The Chairman explained to the group that this is a formal hearing held according to law with relation to laying out a part of Bow Street in accordance with a plan of the Town Engineer, d ated October 21, 1949, on file in the Town Engineer's Office. The Chairman asked the Engineer to explain the layout. Mr. Burns presented a plan and profile and explained that at one time a protion of Bow Street was known as Wilson Avenue and another portion was known as Arcadia Street. Later on the names of both of these ways were changed to 1 1 Bbw'Street and the street constructed without any formal takings and layouts being made. Now an individual wants to build a house but has no frontage on any*street. The Board is trying to correct this situation so that a strip of land will revert back to this individual and enable him to erect his house. The Chairman explained that this original work on Bow Street was done in 1925. The Chairman also explained that there will be no work done and physically there will be no change in the layout at all. He also stated'that no betterments will be assessed. He asked the group if they would agree to the proposed layout and there was no opposition. The group retired at 8:15 P. M. Upon motion 'of Mr. Hoyt, seconded by Mr. Gay, it was ordered that the way known as Part of Bow Street from Cum- mings,Avenue northeasterly approximately 504 feet be laid out and established as a public town way. An informal discussion was held relative to the dump on Lincoln Street. Mr. Hoyt moved that the Chairman re- quest the Town Counsel to devise some way'in the near future by which the Board can control the out of town dumpers. Mr. Gay seconded the motion and it was so voted. Mr. Gay informed the Board that Mr. Henry Brask had called him with reference to the condition of the screen in Estabrook Hall. The Chairman stated that he had re- ceived a letter from Mr. Brask and upon checking with the Trustees of Cary Memorial Building was advised that this is not an item for which they are responsible. The Chairman said it is either a question of obtain- ing a transfer from the Reserve Fund or including this in the 1950 Budget, Mr. Hoyt said that if the screen is not usable there will be many instances during the winter when it will be needed. Mr. DeFoe was instructed to check his accounts to determine whether or not he has funds enough to purchase a new screen at the present time. If not, the Chairman is authorized to write the Appropriation Committee and request a transfer. Mr. Burns and Mr. DeFoe retired at 8:35 P. M. Items acted upon by Mr. Emery and Mr. DeFoe, October 31, et 8:45 A. M. A.'Request to consider acceptance of Theresa Avenue from Cliffe Ave. to Bow St. Study to be made and presented to Board with possibility of being con- sidered for 1950 budget. B. Request to construct sidewalk at 410 Waltham St. Authorized. C. Request for water main in Circle Road. Action de- ferred until names are secured of all abutters will- ing to participate in cost.. 409 Dump Screen for Est. Hall 410 Appro. Comm. & Selectmen re articles in waraant d. Report on W. J. Donnellan who is seeking employment. Letter to be written to Paul McCormack advising of interview with Supt. of Public Works and lack of suitable employment for Mr. Donnellan. The following members of the Appropriation Committee met with -the Board to discuss the articles in the Warrant for the special town meeting to be held on November 14th. Chairman Patterson, Bateman, Cleveland, Donnelly, Smith and Walker,. Chairman Emery explained that under Article 1, the Selectmen will offer a motion'to appoint a committee to study revision of precincts and report to the Board. He explained°that under Article 2 the Board'will recommend that the Board of Assessors consist of three members. He said the Selectmen have come to the conclusion that this Board should be reduced to three members and they should be reimbursed either through expenses or s alaries, in a manner more commensurate with the work that would be in- volved. However, the members of the Board would not be full time employees. The Chairman explained that the Board will recommend the acquisition of a tract of land approximately 31, 948 sq. feet on the northeasterlyside`of Marrett Road. This area is to be taken for sewerage, drainage, water and public travel and will make an access to the proposed fire station in that area. He explained that under Articles 4 to 8 -inclusive the Board will recommend to accept the streets with the possible exception of Liberty Avenue, where the feeling of the abutters is not as much as favor as it is on the other streets. The total cost of these streets is approximately $65,000. Article 9 refers to acceptance of Bow Street. The Chair- man -explained that this is a legal necessity to correct a situation which occurred in 1925. He explained that there is no money involved. Mr. Patterson of the Appropriation Committee'inf ormed the Selectmen that his group is in favor of recommending $4,500 under Article 10 for the purpose of installing two way radio system of the Police and Fire Departments. This figure is an estimate received by the Chief of Police from the engineers connected with the General Radio Company. It does not includd any units for the Public Works Department. The Chairman explaiined the need for the acquisition of land described under Article 11 for drainage purposes. The owner of the property has been ill for several months and it is impossible to get himto sign an easement; therefore, it may be necessary to take the land by eminent domain. The Chairman explained Miss Willard's problem under Article 13 and stated that there is no money involved.- . With reference to Article 15 he ex lined that this is in relation to accessto the pumping station. However, the Town Engineer has seen some of the plans of Route 128 1 411 and as a result of this the article may be indefinitely postponed. The Chairman explained that the Board of Selectmen will not recommend more than $12,000 under Article 16 and will leave it entirely up to the citizens of the town to decide how much money they want to spend. Heexplained that the Selectmen believe that park- ing meters are definitely needed to help the traffic situation in Lexington. He stated that every report the Board has received strengthens their conviatiom and the Selectmen will oppose Article 17. The group retired at 10:05 P. M. Officer John Russell met with the Board at his own re- quest. He stated that he took the Sergeant's examination August 1948 and there has been a vacancy since last February. He stated that the Chief has put him in charge of the Depart- ment which would indicate that he had confidence in him; therefore, Officer Russell said he thought he should be pro- moted. He explained that he has discussed this with the Chief Officer of Police and was told that he would neither help nor hinder Russell him . Officer Russell said that he understands there have re been a lot of stories which he would like to clear up. The app't. Chairman asked if he wanted this discussion recorded and Officer Russell replied in the affirmative. The Chairman stated that the situation as far as the Board is concerned up to the moment, to the besr.of his knowledge, and belief, is that men are usually appointed upon the initiative taken by the Chief. He said that in a case of filling a vacancy of sergeant there has been no initiative to fill it. The Chairman asked if these state- ments were correct and the Board agreed. The Chairman said that this is inhere the situation stands at the moment andhe thought this was what the Chief told Officer Russell. Officer Russell replied in the affirmative. The Chairman( stated that what the Board does now will depend upon what the members of the Board think and what the Chief of Police may or may not say. He stated that this matter has not been discussed. The Chairman asked if there was anything else Officer Russell wanted to t ell the Board either to go into the records or confidential. Officer Russell replied in the negative. He stated that he was aware of the fact that there has been a lot of talk about his drinking and going with women. The Chairman said that there is nothing like that in the Selectmen's records and nothing has been said to the Board.. The matter has just not been considered at all. Officer Russell stated that he took the examination August 22, 1948, and the list will be good for two years, after which time the examination will have to be taken over. He said he studied for it, purchased bboks and went to school and he feels that he should receive the Sergeant's rating. The Chairman asked if there were any questions and there were none. 412 The Chairman said that the Board will discuss this sub- ject and look into it further. Officer Russell retired at 10:20 P. M. Mr. Nickerson suggested that the Chief of Police he asked whether or not he has changed his mond. If not, in his opinion, the Board has nothing to do but to follow the inclinations of the Chief. It was decided to request the Chief to meet with the Board next week and ask him to make a statement em- bodying his opinion of Officer Russellts application. The Chairman read a letter from James A. Collins,. 'Transfer Agent for the Board of Public Welfare, requesting an expenditure of $100 from the Bridge Charitable Fund to pay for the burial of Mrs. Marian Gordon, 905 Massachusetts Avenue. Mrs. Gordon has never been a recipient of aid and the Welfare Department believe this to be a worthy case. Upon motion. of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve an expenditure of $100 from the Bridge Charitable Fund and to so advise the Trustees of Public Trusts. Aletter was received from Robert H. Watt, Commander of the V. F. W., stating that the Lexington Post #3007 permit would like permission to form at Maple Street at 10:00 A. M. Sunday, November 6th, and march to the Sacred Heart Church. Mr. Gay moved that the request be approved and permission granted. Mr. Nickerson seconded the motion and it was so voted. A telephone call was received from Manfred L. Warren stating that the High School would Lke permission gfanted for the sale of coffee at the Thanksgiving Day 2ootball game. Whoever is given permission will pay the School something for the privilege. Mr. Warren would like to Permit contact Richard Campana who some weeks ago applied for a permit to sell ice cream, and as a result of a consultation of the School Department his request was denied. Mr. Nick- erson moved that the request be approved subject to the Chairman obtaining an expression of opinion from Mr. Thomas, Chairman of the School Committee. Mr. Hoyt seconded the motion and it was so voted. Licenses Upon m6tion of Mr. Gay, seconded by Mr. Nickerson , it was voted tog rant the following licenses: Lexington Theatre Sunday movies Old Coffee House Common Victualler• Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to adopt and sign the following sewer orders: imonl 1 1 Marrett Road Kendall Road Sewer Waltham Street Hill Top Avenue Orders Farmcrest Avenue Grapevine Avenue Copies of the orders may be found in Selectmen's Files Sewer Orders - 1949 Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Sign it was voted to sign the following street layouts for Street acceptance at the Town Meeting to be held November 14th: Layouts Liberty Avenue Ledgelawn Avenue Braemore Terrace Hamilton Road Hillside Terrane Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve the following sidewalk orders: Bebord Street Waltham Street Mhzzey Street (Copies of these orders on filed in the Selectmen's Office, under Sidewalk Orders - 1949 - Selectmen's Files) Thd meeting adjourned at 10:35 P.M. ectm . 413 Sign Sidewalk Orders.