HomeMy WebLinkAbout1969-10-20-BOS-min 445
SELECTMEN'S MEETING
October 20, 1969
A regular meeting of the Board of Selectmen was held
in the Selectmen' s Room, Town Office Building, on Monday
evening, October 20, 1969 at 7:30 P.M Chairman Cataldo,
Messrs Mabee, Kenney, Greeley and Bailey were present
Mr Legro, Town Counsel; Mr. Gray, Executive Assistant ;
Mr. Burke, Superintendent of Public Works; Mr. McSweeney,
Town Engineer; and Mrs McCurdy, Executive Clerk, were
also present
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone Com-
pany for the location of a pole on Gleason Road.
Notices of the hearing were mailed to the peti-
tioners and owner of the property as listed on the
petitioners ' plan, and also filed with the Town Engineer.
Mr. Pratt, representing the Boston Edison Compnay,
said that this petition is for the relocation of a pole Pole
out of a driveway and moving it 2 feet off the property Locations
line at 63 Gleason Road.
No one appearing in favor or in opposition, the
Chairman declared the hearing closed.
Upon motion duly made and seconded, it was voted to
grant permission to the Boston Edison Company and the
New England Telephone Company for the following location:
Gleason Road, northeasterly side, approximately
187 feet southeast of Simonds Road,
1 pole (1 existing JO pole to be
removed )
Upon motion duly made and seconded, it was voted to
request the Appropriation Committee for a transfer from Transfer
the Reserve Fund to the Health-Engineering Account #3385,
in the amount of $300.
Mr Gray informed the Board that a letter has been
received from Attorney Conroy stating that in his previ- Kitchen
ous correspondence with the Board , he had indicated a Subdivi-
need for a commitment to satisfy the Planning Board but 'ion
has received oral assurances from the Board of Selectmen
that the sewer will be extended . He asks that we con-
tact the Planning Board and give them the guarantee they
require so that he can get subdivision approval.
Mr Gray said that we gave no assurance that the
sewer will be extended for the subdivision
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The Chairman instructed Mr. Gray to write to Attor-
ney Conroy again and reiterate that we will consider
this request when all sewers are discussed .
Mr. McSweeney informed the Board that fifteen bids
had been received for the sewer construction on Lowell
Brentwood Street and the Ridge Estates . He requested the Board
Sewer to award the Contract to the lowest bidder, Brentwood
Contract Construction Corp. , 47 Albany Street, Brockton, in the
amount of $63,781.88
Upon motion duly made and seconded, it was voted
to award the contract to Brentwood Construction Corp. ,
in the amount of $63,781 88
Mr. McSweeney said that he had informed the Board
at the last meeting of the request of Mr. Dunlap of 225
Waltham Street to pay the 1931 rate of $251.29 to con-
nect to the sewer, instead of the current rate of
$1381.75. He had talked with Mr Dunlap and informed
him that he would have to paythe current rate. A ser-
vice connection would cost $15 from the manhole to the
property line and it would cost another $1,000 to go to
Dunlap his property.
Sewer The Chairman asked if, ordinarily, he would have to
Pay $415?
Mr. McSweeney replied, yea ; we don't have to build
a thing.
Mr . Mabee asked if it mattered to him or the Town
whether it is built on an angle?
Mr. McSweeney replied that it doesn' t
Mr Kenney said that this is along the front of
his house and the average person does not pay that.
Mr. McSweeney said that this is an estimated coat
and if it is less, he is refunded the 'money; this is
because of the pavement and the length of the cut.
Mr. Mabee asked why he hadn't been charged better-
ments; he could have tied into it in 1931.
The Chairman said that he could have fought the
betterments and could have won.
Mr. Kenney asked if, because it is directly down
in front of his house, he is paying because of the angle.
Mr. McSweeney said that he is paying the difference
of $100 to $150. Technically, the manhole doesn! t come
up perpendicularly to his property
The Chairman said that we are going to base his
charge on $251 29 and the current figure is $1381 75;
he is going to have to pay something beyond $251.29
He asked the Board ' s feeling?
Mr. Greeley disqualified himself because of a fam-
ily connection.
Mr Kenney said that he hesitated to charge the
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full $1381.75 One thing is , on the $415, if the sewer
is going in, that charge will be already less .
The Chairman said that on the actual cost, he will
be refunded.
Upon motion duly made and seconded, it was voted
the charge to Mr. Chesley M Dunlap, 225 Waltham Street,
will be $816 , in lieu of betterments .
Mr Greely abstained
Mr Richard Zimmerman of the Lexington Cab Company
met with the Board . He said that the Board has voted
some stiff license fees , from $1 for the taxicab to $15
and from $1 to $5 for the driver. Boston is charging
$10, Belmont, $2 and Arlington $3.
The Chairman pointed out the cost to process an ap-
plicbttion and the final issuance of a license. We have
many applications from people who are not interested in
driving any length of time. This procedure is costing
us from $25 to $50 to issue the permits .
Mr. Zimmerman said that it is putting him under a
strain. One fellow applied at the Police Station and
they lost the application; when he filled out another
application, it cost him 5 as the fee had been raised.
He felt that it would create a dangerous precedent . An
increase is warranted and suggested going in between, Taxi
$5 for the cab and $2 for the license Fees
The Chairman asked if he had some specific requests?
Mr. Zimmerman asked about having a stand et the
Shopping area at the Banboo Hut?
The Chairman said that you make a request to us and
we, in turn, give it to the Traffic Committee.
Mr. Zimmerman said that the rate structure is in-
adequate; we are not making money Our rates are lower
than Newton, Wellesley and Concord and they should be
higher. They are now 75e for the first mile and 101
for a fifth of a mile If we go from North Lexington
to Great Road, we travel three miles up and go one
mile; we travel eight miles to take in 75e; on 91/21 a
mile, you couldn't operate your car. Our drivers must
have more money as they do not average the minimum wage
per hour; it is difficult for us to operate. During a
45-day period, we lost 49 drivers ; we operate what we
consider the best taxi service in Massachusetts, the
best equipped and the best drivers ; we want to main-
tain that. Two years ago when we came in here, we got
a good part of what we asked for. We would like to
ask for 601 for the first half and. 10' for each addi-
tional eighth of a mile.
The Chairman said that the first mile would be $1.
We will take your request under advisement .
44S
Mr Zimmerman retired from the meeting
Mr Gray was instructed to look into the charges
of the surrounding towns , check the new location and
take the matter up at the next Traffic Committee meet-
ing
Upon motion duly made and seconded , it was voted
Transfer to request the Appropriation Committee for a transfer
from the Reserve Fund to Health-Engineering Account
#3385, in the amount of $300
Water Upon motion duly made and seconded , it was voted
Assess- to sign the water betterments for Meadow Brook Avenue
ments and Wellington Lane
The Chairman read a letter from Mr. Worrell of
the Planning Board, suggesting that the Selectmen con-
Cedar sider inserting a sidewalk article in the Warrant for
Street the 1970 Annual Town Meeting for the section of Cedar
Street between Massachusetts Avenue and Hill Street
It was agreed to inform Mr Worrell that as soon
as plan of Cedar Street, including the sidewalk, is
prepared by the Town Engineer, a meeting will be
scheduled with the residents of Cedar Street to dis-
cuss the street .
Appointment of the Hunting Committee was dis-
cussed . Mr. Cataldo was willing to serve and it was
Hunting agreed to write to the Conservation Commission and
Committee the Recreation Committee and request that a member
from each be appointed .
Upon motion duly made and seconded , it was voted
to appoint Robert Cataldo a member of the Hunting Com-
mittee
Mr James Mazyck and residents of Vaille Avenue
met with the Board .
Vaille Mr. Mazyok said that the purpose of the meeting
Avenue is to discuss the proposed plan of construction of a
Hearing paved street and sidewalk on Vaille Avenue from Reed
Street to the existing paved section of Vaille Avenue
The Chairman said that we have received calls
from a substantial number of citizens of the Town say-
ing that you had called them and said that the Board
of Selectmen was less than cooperative and this is not
the truth; I feel strongly about the way we operate
and the cooperation you get here; I don't think it was
fair for you to give that impression. We are accept-
ing, your letter of October 14 requesting a hearing as
an appeal, although it is not in proper legal form.
Hi 4 9
Mr. Mazyck said that we are here to discuss a rea-
sonable and equitable solution to the construction of
the sidewalk. We are faced with the proposed install-
ation of the sidewalk on the side to benefit the fewer
number of houses ; we don't know what the provision of
the Town would be to maintain it for snow removal; we
feel there is inequity in that the fewer number would
be burdened with the installation of the sidewalk and
maintenance during the winter. Ithe sidewalk.per se
is to benefit the pedestrian` traffic, w¢ don' t think
it would as residents would have to cross the street
to use the sidewalk. A solution to the problem of
pedestrian vs vehicle would be to make a bump in the
road and have it come onto Reed Street at an angle in
front of 28 Reed Street . Our feeling is, our request
is to see the street installed and paved without the
sidewalk, realizing that if it is installed later it
would be at a higher cost than now.
The Chairman said that you realize that, legally
and technically, is the hearing to give permission to
cut the trees or not?
Mr. Mazyck said that we had a hearing and Mr.
McSweeney and representatives met with us and we felt
we saved a maximum of trees .
The Chairman said that the Engineering Depart-
ment did this to save the trees .
Mr Mazyck said that their proposal was to save
the trees .
Mr Greeley said that he didn' t get the connection
between the bump in the road and this
Mr Mazyck said that Vaille Avenue approaches Reed
Street downhill; with a new paved section et a 45o
angle it might precipitate accidents ; with the street
approaching and the sidewalk on the proposed side, we
have the fact that traffic would travel along exceed-
ingly fast .
The Chairman said that he thought all of the ob-
jections were basically for the cutting of the trees .
Mr . Mazyck said that they were originally, but in
talking with the neighbors , there was strong feeling
for the sidewalk and the laying of the street
The Chairman said that you are saying the neigh-
bors would like it on the opposite side than where
proposed?
Mr Mazyick said that Mr. McSweeney said that the
plan may have to be redrawn
The Chairman asked if the sidewalk was moved to
the other, would these people accept this?
Mr Mazyck said that there are people here to-
night in favor of it .
0
Mr. Kenney asked how many trees would be involved
if the sidewalk is moved to the other side?
Mr. Mazyck replied that there are more trees to
be taken down; some of the abutters on that side feel
they are diseased or old and it would be far better
without them We realize at this late date this
change would require redrawing of all the plans and
might delay the street, which is not something we want;
a compromise is to suggest the construction of the street,
without the sidewk.
-
The Chairman asked if anyone was in favor of Mr.
Mazyck' s position of deleting the sidewalk?
Recorded in favor of deleting the sidewalk; John
Whalen, 28 Reed Street; Mr. and Mrs . James Craig, 36
Reed Street; Mrs Leonard Burnt, 6 Vaille Avenue
The Chairman read a petition signed by the resi-
dents of Vaille Avenue which stated that the plan as
submitted by the Town Engineer was to have the side-
walk constructed on the odd numbered side of the street
in order to lose the least number of trees possible.
They hope that this plan will be adhered to and also urge
that the street be reconstructed as soon as possible
They feel that the delays already encountered are beyond
the realm of reasonableness and urgently ask the Select-
men to act immediately. The following signed the petition:
Mr. James E. Day Mrs . Donald C Gray
Mrs . Leota G Day Mr D C. Gray
Mrs Robert P Jackson Stanley G. Phillips, Jr.
Robert P. Jackson Janet G Phillips ,
George W. Tarbell Donald K. Maher
Gertrude E. Tarbell John S. Beebe
Violet M McKenzie Ruth S Beebe
Malcolm F. McKenzie Eleanor R. Delfino
Lillian M. Cumming Conrad F. Delfino
Hazel M. Barry James J Lima
Clarence W. Barry Martha J. Lime
Harry M Hogan Leila A Roecker
Beulah G. Hogan Dorothy Simpson
Walter F Pennell J M. Cronin
Helen C Pennell
Mr. Cronin of 49 Vaille Avenue had previously written
to the Board in opposition.
No one else appeared in favor or in opposition and
the chairman declared the hearing closed
Later on in the meeting, it was agreed to include
Vaille Avenue as laid out in the contract
Upon motion duly made and seconded, it was voted to
include Vaille Avenue in the street and sidewalk contract
as recommended and laid out by the Town Engineer.
451
The Chairman informed the Board that the residents
of Grassland Street had met with the Board last week
and a decision has been delayed until the full Board
was in attendance. Many of the people on Grassland
Street want it constructed with a 24' pavement . We in-
formed them that although we signed the contract, any
changes would jeopardize the street . Grassland
Mr Kenney said that as he understood it, if the Street
street was jeopardized, they prefer to go along with
the plan but if we delete the sidewalk they would be
pleased .
After discussion, it was agreed to proceed as de-
signed .
Upon motion duly made and seconded , it was voted to
proceed on Grassland Street as designed by the Town Engi-
neer
The Chairman read a letter from the Planning Board
in reply to our letter to them regarding a petition re-
ceived from the residents of Bedford Street objecting
to the construction of the Friendly Ice Cream Shop.
The Planning Board recommendation, basically, is for a
rezoning change, making it mandatory to provide parking
spaces . We should take a look at it once more.
Mr Greeley said that he was strongly in favor of
the rezoning amendment. Friendly
The Chairman said that we also referred 1620 Massa- Ice Cream
chusetts Avenue to the Planning Board ; it is in the
general business district The Planning Board lists the
possibilities that the property could be acquired for
municipal purposes or as housing for moderate income 1620 Mass.
families ; or sell it back to the present owner with a Ave
stipulation prohibiting the removal of the building. Rezoning
Also, that the property could be rezoned to RS but there
is a question whether Town Meeting would vote the re-
zoning and the resulting reduction in the value of the
property without compensation to the owner. Another pos-
sibility would be to impose a requirement, applicable to
the entire CB central business district, that a certain
portion of a lot must be reserved for parking and yards
Mr Kenney suggested rezoning and compensating the
owner.
The Chairman said that we can't rezone and reimburse
them This is basically the same as the corner of Lowell
and Woburn Streets ; the Planning Board recommended we re-
zone that but Town Meeting turned it down. We could buy
it We should keep this in the Town Meeting file.
Mr Greeley asked Town Counsel for his comments .
Mr Legro said that on buying it for moderate income
housing, he didn't know of any authority in the Town to
provide for low income housing except the Housing Author-
it, for public purposes and authorized public purposes .
452
Mr Greeley said that he was in favor of rezoning
but was not sure that is the complete answer on 1620
Massachusetts Avenue
The Chairman asked if be would answer affirmative-
ly if it were brought up or affirmative to support it?
Mr Greeley answered, both.
The Chairman said that his feeling was either buy
1620 Massachusetts Avenue for some purpose or leave it
as it is .
Mr. Greeley couldn't see buying it.
Mr Kenney didn't advocate buying it without some
specific purpose
Mr. Mabee said we should discuss it with the Plan-
ning Board, among other things, prior to Town Meeting.
It was agreed to discuss these two items with the
Planning Board before Town Meeting.
The Chairman read a letter from Mrs Soule, stat-
ing that the American Field Service is going to conduct
a money raising event on November 7 and requests per-
Permit mission to use the United Nations flags in the center.
Upon motion duly made and seconded, it was voted to
grant permission to the APS to use the United Nations '
flags in the center on November 7, subject to the condi-
tions of Mr Mazerall
The Conservation Commission met with the Board
Mr Brown said that there were three items to dis-
cuss . One was Whipple Hill They are laying out a
management plan for their Conservation land They
wanted to know what our thinking was in developing
Town-owned land bought for other purposes
The Chairman said that it is the Board' s feeling to
Whipple develop a master plan of the total area, taking into
Hill consideration layouts to separate the area at a later
r4�tJ ,��` date, if necesssary; also, it is the Board 's feeling
rthat before any plans were finalized, to discuss them
with the Recreation Committee.
Mr. Brown said that another item is, the Planning
Board came in last week about an additional person; the
Housing Authority also supports the request We would
like to add our plaudits to that suggestion as we have
a lot of paper work and have no executive help to accom-
plish this .
The Chairman said that we have informed Mr Zaleski
to come before us when we discuss the budget ; we will
then consider it
Mr Smith asked if the Board wanted them to put in
an item for a portion of the expense; be wouldn't want
the entire expense in the Planning Board budget
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The Chairman said, that if approved, let the Board
decide bow to budget it
Mr. Kenney suggested that they back it up with
good statistics ; we are not looking toward hiring new
people.
Mr. Brown said that for several years, a bill has
been filed in the Legislature for bipartisan support
for existing wires to be place underground and if the
Town elects to adopt the provisions, the utility com-
panies shall spend not less than 2% of their gross
revenues from such town and may place a 2% surcharge
on its bills, or 50 a month for the average house
and the Electric Company agrees to undertake a regu-
larly planned program There are advantages to this as
electric wires come down and ruin the tteest, Lots rtith
buried wire bring considerably more than those with
overhead wiring It will take a few decades to finish
the program. It will cut down on the death toll with Under-
people going into poles . We urge you to take the posi- ground
tive aspect that some day wires will all be buried and Wiring
to consider putting an article in the Warrant that Bill
wires will be buried .
Mr. Greeley asked if the Act pays any heed as to who
bears the cost of street lighting where the wires are put
underground?
Mr Sussman replied no.
Mr. Greeley said that we probably would pay for the
cost of the light standards .
The Chairman said that it is $110 for just the pole
and the light; wooden ones are $1+0; we are talking sub-
stantial monies .
Mr. Sussman said that perhaps the Electric Company
is being unfair to us; we might try twisting thir arm.
The Chairman said that we took the approach after
the last Town Meeting to ask what the difference would
be to buy our own poles . They said, fine, but they feel
our costs would be greater; we would have to wire and
maintain and it could cost between $500 and $600 without
the fixture
Mr Greeley asked if they pay taxes on these poles?
The Chairman said that the utility assessment in
Town is close to $10 M; it is an overall package. The
Planning Board has made a report to us and we intend to
look into it as we would like to have an evaluation made
Mr. Greeley said that when the Act become effective,
Town Meeting has to vote.
r
454
Upon motion duly made and seconded, it was voted
Executive to go into Executive Session for the purpose of dis-
Session cussing, deliberating or voting on matters which, if
made public, might adversely affect the public securi-
ty, the financial interests of the Town or the repu-
tation of a person
After discussion of matters of financial interest
to the Town it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted
to adjourn at 10:37 P.M.
A true record, Attest :
Executive Clerk, Selectmen
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