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HomeMy WebLinkAbout1968-12-02-BOS-min SELECTMEN'S MEETING December 2, 1968 I A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday even- ing, December 2, 1968 at 7:30 P.M. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Super- intendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company for permission to locate 90 feet of conduit on East Street at Maureen Road. Conduit oeatiNotices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner's plan, and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Company, was present and said that the petition was for a piece of under- ground conduit to feed the Busa Realty Trust development. The Chairman declared this portion of the hearing closed. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following underground conduit location: East Street at Maureen Road, a distance of about 90 feet - conduit. At the request of the Town Clerk, four jurors were drawn as follows: Jurors Joseph V. Romano 8 Appletree Lane George D. Dearborn 5 Hawthorne Road William H. McAlduff 15 Theresa Avenue David J. Isenberg 87 North Hancock Street Mr. Legro requested the Board to sign two leases for two small parking areas owned by the Depositors Trust Company and Harvard the Harvard Trust Company, for a one year term, for a period Trust not to exceed five years, at $1.00 a year. There is one Depositors additional determination giving the Harvard Trust Company, at De Depot any time, the right to terminate on a thirty day notice to build on the land. Mr. Greeley asked what the rights are to improve the surface on the Harvard Trust area. Il - 9 F Mr. Legro said that we have the right to use it for I a parking area and to maintain it. Mr. Gray said that it will be cleaned up, the surface fixed, and car lanes painted. Upon motion duly made and seconded, it was voted to sign the lease with the Depositors Trust Company for the rental of premises for parking, at $1.00 per year for a period not to exceed five years. Upon motion duly made and seconded, it was voted to sign the lease with the Harvard Trust Company for the rental of premises for parking, at $1.00 per year for a period not to exceed five years; with the stipulation that the Harvard Trust Company may terminate the lease, at any time, on a thirty day written notice. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone Company for the location of one hip guy and anchor at Marrett Road from a pole located on the northeasterly side, approximately 89 feet northwest of Leroy Road; and one hip guy and anchor at Marrett Road from a pole located on the northeasterly side, approximately 70 feet southeast of Wilson Road. Mr. Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone Company were present.' Pole Mr. Dunn said that these guys are to hold the lines Location at the curvature of the road and, according to our plans, Marrett the hip guy is on the edge of the sidewalk. The abutters Road are here tonight and there seems to be a controversy over this; they say that the plans are a little off; the Edison Company made the survey and we are petitioning to place in a public way. Mr. Cole asked if these poles are necessary in order to maintain the service? Mr. Dunn said that these guys are to hold the line because of the curvature of the road; the pole is already there and these would support it; there would be an lit or 121 clearance ao that people could walk under it. Mr. Cole said that the only other way would be to hook on to someone else's property? Mr. Dunn agreed. The Chairman asked if there was anyone present in opposition. Mr. Leo Revou of 2 Leroy Place said that it was the pole that he was interested in. They show it off the line and it is on the line. I have no objection if the pole is on the line and doesntt go into my property. The Chairman said that you have no objection to the guy being on Town property. 98 Mr. Revou said that the pole is on the lot line now. It has never been moved; it was there twenty-eight years ago when I came dere. The tree and the pole are in line with one another. The Town gave me my street line. Mr. Dunn said that the plan was drawn on September 12, 1968 and sent out within the last two or three months; where the Edison Company got the designations, I don't know; all I can tell is what the plan shows. Mr. Cole asked if Mr. Revou is saying that it is on his property now? Mr. Revou said that it was not; it is on the lot line. This plan shows it off-center. The Chairman said that, aside from the lot line, will this be within the limits of the taking? The question was asked if the Telephone Company was going to take the tree down? Mr. Dunn replied that he didn't know. The Chairman said that they couldn't take the tree down without coming to the Board of Selectmen. Mr. Cole said that this is a State highway. Did surveying affect you when the State highway went in? Mr. Revou said that they didn't take on our side, it was on the other side. The Chairman asked if there was anyone else in opposition. Mrs. Ann Donovan, 675 Marrett Road, said that the pole is right at the edge of my driveway. They called me before about that and I said I didn't want the guy line. The Chairman asked Mrs. Donovan if it were moved, would it bother her? Mrs. Donovan said that it depends on where it is. Mr. Donovan said that there is no sidewalk there, so how could the guy line go over there; there is no sidewalk on either side. That is State property anyway. This pole is right down at the end of my driveway. Mr. and Mrs. Saulnier said that there is nothing definite to say until the poles are moved. The Chairman asked if the poles are located at the lot line and the hip and guys at the right-of-way, would you Still have an objection? Mr. Saulnier said that if it is stated specifically, all right; if they move the pole at the end of my driveway. The Chairman said that the Board will take the matter under advisement and let the abutters know of their decision. The abutters left the meeting. Later on in the meeting, the Chairman eked the Board to discuss the hip guy and anchors to be located on Marrett Road at Leroy Road and Wilson Road. Mr. Greeley said that we should ask that an accurate survey be submitted by the Edison Company. 99 Mr. Cole said that we should ask that the difference of opinion on the lot lines be resolved. Mr. Greeley said, and where the poles are. The Chairman said to ask the Edison Company to get the locations resolved with the neighbors and come back to us. Mr. Gray said that the Board approved, on November 13, 1968, an installation of conduit on Edison Way, subject to the recommendation of the Town Engineer that the conduit go directly from the manhole in the southeasterly direction to the east side of Edison Way and then proceed to the pole location either in the grass plot of sidewalk area or along Conduit the gutter line adjacent to the curb. The Boston Edison kcation has submitted a revised plan and it is recommended that it be accepted. Upon motion duly made and seconded, it was voted to rescind the approval, on November 13, 1968, of the petition of the Boston Edison Company to install conduit on Edison Way. Upon motion duly made and seconded, it was voted to approve the following location of conduit: Edison Way, approximately 115 feet northeast of Massachusetts Avenue, a distance of about 15 feet - conduit. Mr. McSweeney requested the Board to sign the order for a joint owned pole location at Valleyfield Street and Bridge Street, and Valleyfield Street and Grassland Street. Upon motion duly made and seconded, it was voted to approve the installation of poles at the following locations: Valleyfield Street, southeasterly side, southwesterly from a point approximately 25 feet southwest of Bridge Street, -- Eleven (11) poles. Valleyfield Street, northwesterly side, approximately 446 feet southwest of Grassland Street, -- One (1) Pole, Guy Wire and Anchor Mr. and Mrs. Tale Altman met with the Board. The Chairman .informed the Board that Mr. Altman is a resident of Marshall Road and has been working with Mr. Altman McSweeney on a sewer installation that we have to approve. Easement Mr. McSweeney showed a plan of the easement behind Mr. Altman's house. Mr. Altman said that when he had moved in seven or eight years ago, the area we are discussing was a complete swamp. The Town made it a swamp and it was obvious that 100 it would take a few thousand dollars to fix it up. We picked this house for the potential of a dead-end street; there are twenty-five acres in the background. We hired bulldozers and put in fill and actually laid irrigation pipes . It was more than just taking out boulders and grassing. After the expense of $1,000 and the labor involved, we got to the point where we Would seed. This past year, we have been talking of putting in an underground swimming pool. If the pumping station goes in, it will restrict the area for me. In addition to that, the sewers that areoing to be laid down the street, the assessment would be $1500; it would be $8.00 or $9.00 a foot. At the expense of my property, time and money, this is going in. If it was just a piece of land that could be fixed up in a matter of months, I would go along with it, but I can't go along with this; it is going to take a tremendous amount of time to get it into the state it is now. The houses in my Immediate area have mixed reactions to the sewer. Mr. Cole said that these people have been asking for a sewer. Mr. Altman said that there is a lot of indifference. A lot of the people are shocked to find out how much it costs to hook up. Mr. Cole said that we had a whole group here arguing for sewers. Mrs. Altman said that we are getting it on both sides, they will be digging up all around us. Mr. Altman said that, within the next two or three years, it could depreciate my property; there would be another swamp there. The Chairman said that it is our responsibility to put it back in condition. Mr. Altman said that we don't know what you consider reasonable, simply grass? Mr. Kenney asked if they objected to the pumping station, per se? Mrs. Altman said that it could be put along the brook. The Chairman said that he is objecting to the location to the force main. Mr. Altman said that we accepted the fact that it had to be in there, but it should be beyond the brook. Mr. McSweeney said that we alteadjrhave a drain easement; he couldn't build over the drain easement now. I have said that we would restore and keep the natural look. Mr. Altman said that the assumption is that it is just a few trees and grass to you; it means a lot of work to me. The Chairman asked if their objection would be as strenuous if the Town seeds it to the point they have seeded? Mrs. Altman said that she would like to see them go somewhere else. i(1 _� The Chairman said that you mentioned trees. Mr. McSweeney said that he would need 401 going up on the high ground; the pipe can't be bent around these trees. We told Mr. Altman that we would photograph it and put it back; he will have grass in three months. Mr. Mabee asked if he was aware of the easement? Mr. Altman said that he was. Mr. Greeley said that he didn't understand whether he was saying he preferred it at the edge of the property, destroying the trees, or you don't want it? Mr. Altman replied, we don't want it. Mr. Greeley asked what he would want, if he had a choice? Mr. Altman said that we would have to put our heads together. Mr. Mabee said that the sewer has to go in some time. Mr. McSweeney said that we have to have it, or we can't open up Woburn Street. Mr. Cole said that if he has the easement somewhere else, would that mean two easements going through his property? There would be much more land that you could do nothing on, would you prefer that? Mrs. Altman said that where you want to come through now would take much more. Mr. McSweeney said that the drain easement is 25 feet. Mr. Mabee said that the alternative would be another easement. Mr. McSweeney said that it would be a permanent easement with 10 feet on each side for construction easement or 40 feet during the construction period. Mr. Altman asked what happens if the pumping station goes in and there are problems? Mr. McSweeney said that we can go back and dredge out the drain. The Chairman asked if there was a manhole on the property? Mr. McSweeney said, not now. Mr. Cole said, if you could feel assured that the land would be put back in proper shape? Mr. Altman said that he feels that it is an invasion of his private property. The Chairman said that he had a bad experience before but it would not happen again. Mr. Altman asked if eminent domain takes precedence? The C aairman said that Town Meeting has given us the right to make the taking. Since the Board determines where the force main is going, you are entitled to damages. You are asking if you can stop us from making the taking; the best thing to do is take the lesser of the two evils. Mr. McSweeney is recommending, basically, a grassed area which we can replace versus cutting down the trees. Mr. McSweeney said that if we go behind the brook, he would have two major easements. The design is all done and we are preparing the easements; it will be finished within three months after we start; we will start in March. The Chairman said that we have to get into Woburn Street. We will discuss it with the Town Engineer and will let you know our decision. Regardless of what route we take, your property will be put back as it now is. Mr. Altman asked what happens if we agree on the back part? The Chairman said that we will look at it on the overall cost basis. It is our obligation to do what is in the best interest of the Town. Mr. and Mrs. Altman retired from the meeting. Later in the meeting, the matter was discussed again. Mr. Kenney said that we should take the location suggested by the Town Engineer, with the idea that we make a distinct promise to restore the land. Mr. Cole said that if he is going to have a 20 foot easement within a 25 foot, what are you going to do when you will be confined to a 25 foot easement. It is not going to be in a different location than it is now. The Chairman said that we have all seen the condition of the ]and when the Town went through and dredged the brook. If we guarantee him that it won't happen again,this is the only approach. Upon motion duly made and seconded, it was voted to accept the present design of the sewer on the property of Mr. Yale Altman, 10 Marshall Road, as recommended by the Town Engineer. Mr. Gray informed the Board that a letter has been received from the Commissioner of Public Welfare, requesting r Public the appointment of a citizen of Lexington to the Community Welfare Service Board. Upon motion duly made and seconded, it was voted to appoint David F. Toomey as a member of the Public Welfare Regional Board. Mr. Gray informed the Board that a letter has been received from Town Counsel regarding the ownership of a stable located on the Hennessy land. The letter states that, by an Hennessy agreement between Mrs. Hennessy and the Town, dated July 9, Stable 1962, Mrs. Hennessy was given the right to continue to use for a period of five years from July 9, 1962 the living quarters then maintained by her for a caretaker in the stable situated on the parcel acquired by the Town. The period having expired, Mrs. Hennessy no longer has that right, but the ownership of the stable remains in the Town. Mr. Gray read a letter from the Chairman of the Garrity Recreation Committee which stated that the Committee agreed Pool with the suggestion of the Board of Selectmen that the instructional pool be named the Garrity Pool. 103 Upon motion duly made and seconded, it was voted to to name the new instructional swimming pool at the Center Playground, the John J. Garrity Swimming Pool. Mr. Gray informed the Board that a letter has been received from Mr. Phillips of Vaille Avenue requesting that the Town make the necessary maintenance on Vaille Avenue pot-holes. The letter also states that the Town has a moral, if no legal, responsibility to fill the pot-holes, as the residents were led to believe that Vaille Avenue would be constructed in 1968. The Chairman said that there are two issues here; they want an answer on why these things weren't done, and do we go into an unaccepted street. It is up to us to make a decision in which direction we go. Vaille Mr. Cole said that we have no legal right to go in Avenue there and do it. Mr. Greeley said that we voted to lay it out, but haven't in fact, laid it out. He asked Mr. Legro about an order of taking. Mr. Legro said that we must adopt an order of taking within thirty days after Town Meeting. Mr. Greeley said that we must vote to lay it out again. The Chairman asked for the Board's opinion. Mr. Kenney said that he agrees that we have some responsibility on the street, but is it illegal? Mr. Legro said that it makes the Town liable for six years for any injury caused by a defect in the way. The Chairman said that, although we have some sort of moral obligation, we weren't responsible as we had all good intentions. Mr. Kenney asked how bad the street is and Mr. Gray said that it was in poor condition. Mr. Greeley said that he thinks that the moral obligation is extremely slim; we proceeded in good faith but there was too little money. We made all reasonable efforts. I wouldn't acknowledge that there is an obligation there. Mr. Mabee asked about the juncture of an accepted street, not paved and unaccepted. At the juncture, it drains back onto someone on the accepted street foundation. What is the obligation theme? Mr. Legro said that he would suspect that there would be no liability of the Town on the defect in the unaccepted portion. Mr. Cole asked what would happen if we did go in and patch and then reconstruct the street within a year. The six years would be a moot point. The Chairman said that the main reason is, going into an unaccepted at all. Upon motion duly made and seconded, it was voted that it is the policy of the Board of Selectmen that 104 the Town does not go into the repair and maintenance of unaccepted streets. The Chairman instructed Mr. Gray to prepare a letter to Mr. Phillips and inform him of the policy decision. Mr. Gray informed the Board that a letter has been received from the Americana Corporation regarding the construction of office buildings on property on Waltham Street and to request that the Town of Lexington extend Americana sewer service to their site. Their request to the Town Sewer of Waltham to hook onto their sewer lines has been denied. Mr. McSweeney said that the line would be $1941.,000 in one direction and $150,000 in the other. The recommendation is for $194,000. The approximate cost to go to Concord Avenue is $138,000 and $56,000 to go up Waltham Street. The major portions are betwben Waltham Street and the Spring Street connection near Hayden Avenue. The Chairman said that, with all of the requests in, we could go over them. Mr. Kenney asked if the Chairman was talking about a 1969 Article? The Chairman said that the approach we are going to take is that we will discuss it at budget time and will give them an answer then. Mr. Gray informed the Board that a letter had been received from the Chairman of the Historic Districts Associate Commission stating that three vacancies exist in the Members appointments for Associate Members of the Commission. Historic Mr. Gray said that nominations have been received Dist. Comm. from the Historical Society, the Library Trustees, and the Arts and Crafts Society. Upon motion duly made and seconded, it was voted to appoint Franklin G. Hudson and Mrs. Mark Moore for five year terms, expiring in 1973; S. Lawrence Whipple, fora five ' tmu from January 1, 1969 to January 1, 1974. The Chairman said that applications have been received for Common Victuallers' Licenses from 'Daniel Common Martinex and Take Home Foods of Lexington, Inc. A Viet. letter of approval has been received from the Board of Health. Upon motion duly made and seconded, it was voted to approve the issuance of a Common Victualler License to the following: Daniel Martinez, Hayden Skating Rink Take Home Foods of Lexington, Inc. 211 Massachusetts Avenue Upon motion duly made and seconded, it was voted to Auctioneer sign an Auctioneer' s License for Ralph D. Cataldo, 137 East Street. 105 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion concerning the financescf the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: Executive Clerk, Selectme The next regular meeting of the Board of Selectmen will be held in the Selectmen's Room, Town Office Building on Monday evening, December 9, 1968 at 7:30 p.m. , '1i-.,(l Cay ,? -�-�