HomeMy WebLinkAbout1949-12-12 48,2rmq
SELECTMEN'S MEETING Z1+
December 12, 1949
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, December 12, 1949, at 7 :00 P. M. Chairman Emery,
Messrs. Gay, Nickerson and Hoyt were present. The Clerk
was also present.
The Chairman read a letter from the Board of Fire
Exhibit Engineers advising that a request had been received from
engine the Chiefs' Association of Massachusetts for a home-built
No. 5 piece of apparatus to be exhibited in Worcester on January
4, 1950. The Engineers would like to send Engine No. 5,
and requested permission to do so from the Selectmen.
The Selectmen had no objection providing the Fire
Engineers feel that the town will be adequately protected
during the time Engine No. 5 is being exhibited.
The Chairman read a letter from the Appropriation
TransfersCommittee advising that the sum of $1,000 has been transferred
from the Reserve Fund to the .Water Services Account and the
sum of $350 has been transferred from the Reserve Fund to the
A9nbulance Maintenance Account.
Letter was received from Mr. Walker, Town Accountant,
relative to the cost of street lights per hour.
The Chairman said that last week Mr. Hoyt brought up
the subject of early morning street lighting. He said
Street that, from Mr. Walker's letter, apparently it costs thi
Lights town $9.21 plus per hour to turn on all the street lights-.
The Chairman stated that Ralph Webster will be satisfied
if the. lights are on by twenty minutes to six. After
checking with Messrs. Hoyt and Nickerson by telephone
last week, the Chairman instructed the Supt-b. Of Public
Works to have the lights turned on at 5 :40 A. M. until March
3d. He said that he presumed it would be in order for the
Board to ratify the Chairman' s action.
Upon motion of Mr. Gay, seconded by Mr. Nickerson, it
was voted to approve the action of the Chairman in request-
ing the Supt. of Public Works to have the street lights
turned on at 5 :40 in the morning until March 3rd.
Willard Letter was received from Miss Edith Willard requesting
request an abatement of the water betterment assessment levied
for against Lot 6, North Street. Miss Willard claims that
abatement this particular parcel of land is very swampy.
The members of the Board agreed to inspect the area
and also to obtain a report from the Supt. of Public
Works.
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Letter was received from W. Lloyd LeBoeuf, 19-A Street
Oakland Street, requesting a separate and individual Number
street number.
The Clerk was instructed to give a copy of the
letter to the Sup't. of Public Works for investigation
and report.
The Chairman read a letter from W. R. Greeley ad-
vising that the work on the Buckriman Tavern, authorized by Buckman
Town Meeting, has been completed. Attached to the letter Tavern
was a statement covering the costs involved, showing .a
balance of 02.67.
The Chairman read a. letter from the School Committee
advising that tentative plans for the addition to the
Fiske School show that all the land between Adams Street School land
and the present improved area is available for development for play-
for playground and recreational purposes. ground
The present School Committee is of the opinion that
any school land adequate for athletic and recreational pur-
poses, beyond actual school program9, should be maintained
as a part of the Town Park and Playground Department.
During the discussion of this subject Mr. Gay raised
the question as to whether or not the problem is one for
the Recreation Committee rather than for the Park Depart-
, meet.
Mr. Hoyt said that some time the Selectmen will have
to establish definitely what land canes under the juris-
diction of the School Department and what comes under the
Park Department.
The Chairman said that he thought the School Depart
ment would like to have the land for which they are re-
sponsible set apart and it might take a vote of a town
meeting to divide the entire area which was purchase for
school purposes.
It was agreed that the Chairman should write Mr. Lynch
and obtain his advice as to what legal steps must be taken
to establish the status of the school land.
Letter was received from the Medical Panel appointed to Officer
examine Officer Henry Harvey for retirement. The letter Harvey
stated that retirement is not recommended under Chapter 32., retire-
Section 85-B, paragraph A of the General Laws. ment
Letter was received from Mr. Lynch, Town Counsel, with
reference to Eugene Buckley' s statement of observations re- Eugene
garding the activities of Mr. Slater at 2 Grant Place. Buckley
Mr. Lynch recommended that the Building Inspector call complaint
on Mr. Slater and determine from him the extent and nature
of any business activities being conducted at 2 Grant Plante.
If the Building Inspector concludes that Mr. Slater is con-
ducting a business in a residential zone, he should advise
him in writing that such operations are in violation of the
Zoning Laws and must cease.
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Mr. Hoyt moved that the Chairman confer with the Building Z2.1
Inspector. Mr. Nickerson seconded the motion, and it was so
voted.
At 7 :30 P. M. hearing was declared open upon the
application of Porter Bros . & wilson for permisssion to
maintain one underground tank for the storage of 10,000
gallons of #6 Bunker Oil. Notice of the hearing was read
by the Chairman.
Mr. Porter And Mr. Buckley, who were in favor of
the permit being granted, were the only persons present
Oil at the hearing.
tank Mr. Gay moved that a license be issued to Porter
hearing Bros. & Wilson for permission to maintain one -underground
tank for the storage of 10,000 gallons of #6 Bunker
Oil. Mr. Nickerson seconded the motion, and it was so voted.
Mr. Porter mentioned that the location as advertised
was for #6 East Street, but that there is no street
number where the tank is located. However, the original
application submitted by the petitioner and also the
communication received from the company making the installa-
tion both described the location as #6 East Street.
Letter was received from the Town Clerk to which was
Claim attached a copy of notification of claim o Anthony Romano
vs . David Govan and the Town of Lexington.
The Chairman read a letter from Ralph W. Cowdry in
reply-to the Board's inquiry with reference to Veteran's
Veterans' Lot #3 Hill Street. Mr. Cowdry stated that his house plans
Lots are not as yet completed, but he hopes to start construction
in the Fall of 1950 or the Spring of 1951.
The Clerk was instructed to make an appointment for
all veterans, who have not completed plans and received
deeds, to meet with the Board on January 3, 1950.
Application was received from Miss Marcid. Dane re-
questing permission to conduct a committee meeting in a
conference room on Monday, December 19th from 8:00 P. M•
until 10 :00 P. M. -
Use of Application waa also received from Richard R. Jack-
son, on behalf of the 4-111 group requesting permission to
conduct a meeting in a conference room on the same even-
ing.
It was voted to grant Miss Dane's request for the use
of a conference room free of charge; the 4-H group to use
Estabrook Hall for a meeting free of charge.
Application was received from the Veterans of Foreign
Wars requesting permission to conduct a business meeting
in Estabrook Hall on the evening of December 21, 1949 fP m
8 :00 P. M. to 11:00 P. M.
Mr. Gay moved that the use of the hall be granted free
of charge. Mr. Nickerson seconded the motion, and it was
so voted.
Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was
Licenses voted to renew the following licenses.
L
485
William DeFelice 80 Westview St. Peddler's (renewal)
II Fred N. Viand 1794 Mase . Ave. Sunday Movies "
Bradford Motor Co. 34 Bedford St.
1st Claus Agent "
Mawhinney Motor Sales Marrett Rd. " n "
Old Coffee Shop 1775 Mass . Ave. Common Victualler n
Countryside, Inc. 400 Lowell St. n " "
Kieran J. Lowry 286 Lincoln St. " " "
Man-A-Minit Golf 177 Concord Ave. n n n
Partridge's Food Shop Mass. Ave. n _ n n
Pine Meadows Golf Club Cedar St. n n n
Geo. R. Reed & Son 1721 Mass. Ave. n n n
The 1775 House 130 Pleasant St. n n n
Ye Towne Diner 1722A Mass. Ave. " " "
Charlotte Colby 73 Waltham Street Innkeeper n
Report for the month of November was received from the
PoLice Department and placed on file.
The Chairman reported that Mr. Lynch, Town Counsel, in-
formed him that it would cost between $180 and $190 to secure
a copy of the official court stenographer's record of the Harmon
Harmon case, and asked if the members of the Board felt it Court
would be worth spending the money. record
The subject was discussed in general and upon motion
of Mr. Gay, seconded by Mr. Hoyt it was voted not to incur
the expense of obtaining the official court record.
11 The Chairman informed the Board that every effort is
being made to have the home office of the Continental
Casualty Company reverse its decision with reference to the
South Branch Vine Brook sewer project. South
Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it Branch
was voted that, if the Town can not convince the bonding Vine
company to let the contract direct and if the bonding comp- Brook
pany will release its right to the $8300 retainer percent- Sewer
age, and also a substantial portion of the 616,000 retained
by the Town Treasurer, the contract be awarded to Raimo
Contracting Co.
The Chairman inquired as to whether or not it is they
Board's desire to have Locust Avenue remain as a street for
coasting.
Mr. Gay said that he and Mr. Nickerson had been dis-
cussing the subject of coasting and they are of the opinion
that coasting should not be allowed on any street. Coasting
The Chairman said that as far as he is concerned, he would
vote to eliminate York Street as a street for coasting.
Mr. Hoyt and Mr. Nickerson both stated that they are
in favor of not having any streets set aside for coasting.
Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was
voted to amend the Traffic ules and Orders of the Town of
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Lexington eliminating Section 1, Article 5, "Streets Reserved
for Coasting" .
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At 8;00 P. M. Chairman Roeder, Messrs. Cook, Fawcett
and Hynes of the Board. of Fire Engineers, met with the-
Fire Dept. Selectmen. Mr. Adams, arrived at 8:20 P. M.
Stabiliza- Mr. Roeder explained that the Engineers have met
tion Fund with the Appropriation. Committee and the suggestitin
was made to the Engineers that a stabilization fund be
created so that in the future, transfers may be made.
for the purchase of replacements for Fire Department
equipment. The Appropriation Committee suggested that
the Engineers present figures for replacement of equip-
ment which they did. In the meantime the Engineers met
with the Long Range Planning Corimittee and presented a
suggested budget for five years. This latter budget
included an item for the replacement of Engine #2 in 1951.
Their thought was that if the Stabilization Fund for
the purchase of apparatus is set up this year and then
Engine #2 is replaced next year, the fund will be depleted.
They felt that it would not make a very good impression
to establish a fund and use it all the first year. The
Long Range Planning Committee recommeAded that if possible
Engine #2 be replaced this year and also the establishment
of the fund.
The Chairman asked how mach money the Engineers were
talking about and Mr. Roeder said that it was about $$14,000
for Engine #2 and the fund would be about $4,850 per year
to be set aside for a fund to be known as the Stabilization
Fund Fire Department Equipment.
The Chairman asked if it would be legal and Mr. Roeder
said Mr. Walker, Town Accountant, had received a ruling on
this from someone at the State House.
The Chairman asked if many towns provided for such a
fund and Mr. Roeder said that he thought there was only one
town.
Mr. Hoyt inquired as to the purpose of such a fund. Mr.
Roeder explained that each year a certain amount of money
would be set aside and as the apparatus now in use becomes
obsolete and beyond repair, there will be money available for
replacement without taxing the Town for the full amount in any
one year. He further explained that this would apply only to
replacement of present apparatus.
Mr. Gay asked about the condition of Engine #2 and Mr.
Roeder stated that it will run, but did not pass the under-
writer's test made in August; 1948.
The Chairman asked if he were correct in his understand-
ing that the Fire Engineers are willing to wait until 1951
to replace Engine #2 and Mr. Roeder replied in the affirmative.
He said that it was only through the suggestion of the Appro-
priation Committee that there was any thought of changing from
1951 to 1950. He stated that the find idea was also suggested
by the Appropriation Committee and not the Board of Fire
Engineers.
The Chairman said that the Selectmen would give the matter
consideration and discuss it again next Monday night.
The Fire Engineers retired at 8:29 P. M. and Mr. DeFoe met
with the Board.
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Mr. Gay reported on the study made by him and Mr.
Nickerson relative to the allocation of fire insurance and
submitted a proposed schedule which included recommendations
made by them.
Upon' motion duly made and seconded, it was voted to
adopt the fire insurance schedule as recommended by Messrs.
Gay and Nickerson. (Detailed copy on file in Selectman' s
Office under Insurance, 1949 ) .
Mr. Gay retired at 8:55 P. M.
Mr. DeFoe presented information in detail pertain-
ing to the acceptance of Theresa Avenue from Cliffe Theresa
Avenue to Bow Street and said that if the Board is going Avenue
to consider this for the Annual Town Meeting he will
have to have the engineering work done. He stated that
it will cost approximately 4,050 with a possible return
to the town of $2100. Three individuals have signed,
two are opposed and two are not involved.
The Chairman stated that the members of the Board
would try and inspect the street over the weekend and
consider the matter further next Monday night.
Mr. DeFoe informed the Board that he received a
quotation of $275 from L. W. Bills to do a complete job Public
of connecting the sprinkler alarm system in the Public Works
Works Building to the fire alarm system. He explained Building
that if the connection is made the fire alarm will go Sprinkler
off when the sprinkler alarm goes off. Alarm
Mr. Nickerson said that it is his belief that the System
Board is fairly well determined that there is not
going to be a watchman at the Public Works Building.
Mr. Hoyt moved that the Sup't. of Public Works be
granted permission to connect the sprinkler alarm system
in the Public Works Buijding to the fire alarm system,
subject to the approval of the Fire Department .
The Chairman requested Mr. DeFoe to report to him
before Mr. Bills is instructed to make the connection.
Mr. DeFoe requested permission to pay blasting
damages at 41 Albermarle Avenue. He informed the Board
that he inspected the house this evening and the living
room ceiling is bad. The dining room ceiling can• be Blasting
patched, but the bedroom ceiling is bad. He also had damage
Mr. Higgins and Mr. Dacey inspect the damage. Mr. Dacey
quoted a price of $104 to repair the damge. He also
had an alternate price. If one of the rooms is patched
the price will be 131 And if a new ceiling is put in, the
price will be $60. Mr. DeFoe said that personally he
felt a new ceiling should be put in. The owner of the
house has obtained a quotation of $135 for the work which
they want done. Mr. DeFoe explained that he is convinced
the blasting by the Town has aggravated the condition and
that the Town should settle for $135.
Mr. Nickerson moved that the Supt. of Public Works
be authorized to settle the claim for blasting damages in
the amount of $135 providing a signed release is obtained.
Mr. Hoyt seconded the motion, and it was so voted.
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Mr. DeFoe requested permission to employ an inspector
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[ for the Fa/merest sewer project and explained that a man
is needed steady for lines and grades. He said that he
has prospects of getting an engineer ?'or $60 a week.
Mr. Nickerson asked if there was any doubt about
[ Engineerieeping the man employed if the weather should prevent
IService —#vorking on the project.
So. Branch Mr. DeFoe said that there Is sufficient work in the
Sewer Engineering Department and there is no doubt but that he
would be kept busy.
The Chairman instructed the Supt. of Public Works
to confer with Mr. Lynch, Town Counsel, to determine whether
or not the vote on this project is broad enough to include
the salary of an inspector, whether he is working outside
or inside in the Engineering Department.
Mr. DeFoe reported on the cost of property damage
insurance for town equipment as follows: 1 year, $5,000 -
$1,526.50; 1 year, $10,000 - $1,679.15.
Time Mr. DeFoe 'said that he would like permission to let the
off for man in the Public Works Department have Friday afternoon
Dept. of and Saturday morning before Christmas off.
Putlio Mr. Hoyt moved that the request be granted. Mr.
Works Nickerson seconded the motion, and it was so voted. I The meeting adjourned at 10 :00 P. M.
A true record, Attest :
r , Seecgm4 /
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