Loading...
HomeMy WebLinkAbout1967-10-30-BOS-min 213 SELECTMEN'S MEETING October 30, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 30, 1967, at 7:30 P.M. Chairman Cole, Messrs . Burnell, Cataldo , Mabee and Kenney were present . Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland , Executive Clerk, were also present. At the request of Miss McDonough, Town Clerk, four jurors were drawn as follows : Paul E. Hamburger 18 Cooke Road Jurors John F. Egan t.7 Wachusett Drive Rod J. Ames 3 Rolling Lane John R. Jackson 24 Webster Road Mr. Gray stated he had a request from David Luca, a High School student, to meet with the Board next Mon- day night to discuss using the Battle Green for a Public Public Rally to support the boys in Vietnam, similar to the one Rally held in Wakefield on Sunday. Upon motion duly made and seconded, it was voted to grant David Luca permission to meet with the Board on Monday, November 6, 1967, at 7:45 P.M. The Chairman read a letter from Mr. Irwin, Building Inspector, relative to appointing Mr. Richard Soule, 16 Hancock Street, as substitute Building Inspector dur- Substitute ing his absence while attending the Municipal Building Building Officials Conference to be held at the University of Inspector Massachusetts, November 14. through 17. Upon motion duly made and seconded, it was voted to advise Mr Irwin that the Board had no objection. The Chairman read a letter from Alford S. Peckham submitting his resignation from the Conservation Com- mission, the reason being he has recently been appointed Resigna- a member of the Town Report Committee and felt it unwide tion to serve on both committees . It was agreed to accept Mr. Peckham' s resignation from the Conservation Commission, with regret. I1 214 w. w . Letter from Mr. George Lawless, owner of property at 465-475 Massachusetts Avenue, requesting further six months' extension on the demolition of the property. The Chairman stated, as the Board knew, the Board had voted an extension to November 1. Mr. Kenney asked if the Board had received any in- formation from the Historical Society, and the Chairman replied in the negative. The Chairman stated he was talking with an individual who goes around the country restoring old houses. He stated he came down and looked at this house, and he feels he has someone who might be interested in the property, but it would involve a change &n zoning He said he could not find any basis for the Board of Appeals to make a vari- ance. He stated the man would like to use it as a residence with an antique business there, but the Chairman said he saw nothing in the By-Laws to permit it . Mr. Cataldo said he felt the Board of Appeals would not be against something of this nature, but he couldn't see anyone coming up with the kind of money Mr Lawless is asking. He said Lawless had been offered $16,000 for 465-475 the property which he would not accept and stated he is Mass.Ave. asking $26, 000 He felt $16 ,000 was a substantial offer Extension for the condition the property is in. He said there of Time would have to be a substantial variance or rezoning, and in that case, it would not be the preservation they are looking for, what they are trying to preserve. If Lawless came up with some substantial approach, Mr Cataldo said he could see going along with this exten- sion, and felt he, (Lawless) , should recognize the fact that no one is going to do this , and he will have to take a loss and sell it for $16,000 or have the Town remove the building. Mr. Kenney asked how long Mr. Lawless has owned the building, and how many extensions he had had, and the Chairman said this started at least a year and a half ago. The property was owned by Cummings, a milk dealer; that he , ( Cummings) , had been served a notice to a hearing which he ignored, and the hearing was re- scheduled . Just when the Board was to tear it down, he sold it to Lawless. He stated it is rather difficult to understand why people were not agitated earlier than they are now, and wished the Board had heard something from the Historical Society. Mr. Cataldo stated it is not known that this is an Historical house, and the Chairman replied this house was lived in in 1804 by Jonas Locke. Mr. Cataldo stated it is not certain that he did. 215 The Chairman stated he thought the Board should act with dispatch, that something good could develop and the best thing would be to grant a limited extension. Mr. Burnell said he felt the Town should try to maintain these old colonial homes if it possibly can, and felt in this instance, he would be in favor of grant- ing some extension of time, possibly a month or two more; that he didn't feel it would really make any difference. Mr. Gray reported a conversation with Mr. Ripley who hoped the Board would consider the facts when it made a decision, but stated there is nothing concrete. The Chairman said there is one individual interested, the building would be restored in its present form, but it would have to be rezoned. Mr. Kenney said to give him sixty days , and the Chairman asked just what would be expected for the con- sideration for the extension. Mr. Legro said it would depend on what the nature of the problem is , whether it is dangerous . He said he had tried to reach Mr. Jacquith but was unable to reach him, that in his letter the only question was the danger. The Chairman said where the Board had declared the building unsafe - - ' Mr. Legro said it authorizes the demolition or re- moval of dangerous architectural features, a composite of all architectural features Mr. Cataldo paid if Lawless would cut it to a re- alistic price, and the Chairman asked how someone could be told to cut his price on a building, as the Board knew he had turned down the $16,000 offer; and asked if it is possible that the Board of Appeals could allow an antique shop there. Mr. Legro said there is no way to determine in ad- vance what the Board of Appeals might favor to a petition of this nature. Mr. Cataldo asked if this individual would pay $26,000, and he would grant a thirty day extension if he applies for a variance to come up with a finding or some new matter. If he applies, the Board will grant an extension. Mr. Legro stated he didn' t see how the Board can sustain that position, whether the building is dangerous or a nuisance, if the order was to make the building safe or demolish it, that there were other things or- dered to be done too; thirty days to make the building safe, he didn't see what bearing it had on the use of the premises. Mr. Cataldo replied, something being done to abate the nuisance .216 Mr. Legro said he thought it perfectly good judgment to grant further time to make it safe, or demolish it , that the future use of the building either it has to bear on the fact it is dangerous or a nuisance, that however good the Board ' s motives are, it doesn' t fit together. Mr. Cataldo said if the Board grants thirty days, it will be for nothing, it will go for thirty days more, either fix it up or demolish it. He said if Lawless comes in with a plan, O.K. The Chairman said the Board is trying to be help- ful and not tear the building down without a reason, that it wants to be justified in everything it does. Mr. Mabee said if Lawless makes the building really safe, he had no objection to an extension, that safeness and nuisance are the reasons the Board wanted it down, no other reason for not granting an extension. Mr. Burnell stated the Board all agrees on this point, that the time element hasn't been agreed upon. The Chairman stated the Board should advise Law- less to use due diligence in making the building safe. Mr. Legro said , seriously, provided he makes it safe forthwith. The Board makes him the alternative to make it safe or demolish it. Upon motion duly made and seconded, it was voted to grant Mr. Lawless a thirty day extension provided he makes it safe forthwith. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on October 23, 1967. The Chairman referred to Item #2 on the Agenda, and reported that Mr. Mooney, Port Authority, could Hanscom not be present this evening due to a more urgent Field prior commitment, but would be here two weeks from tonight to clarify and answer questions regarding Hanscom Field for commercial use, and what the future uses will be. Mr. Gray reported a request for transfer he re- ceived for the Retirement Board for $75.00. Transfer Upon motion duly made and seconded, it was voted to approve the transfer of $75.00 for the Board of Retirement - Expenses Account . G7 Mr. Gray said the Capital Expenditures Committee would like to meet with the Board of Selectmen next Capital Monday evening, to go over general expenditures for Expendi- 1968. tures An appointment will be made to meet with that Committee committee on November 6, 1967 at 8:00 P.M. At 8:00 P.M. , Mr. George Limerick, 23 Hayes Lane, and Mr. Graziano, met with the Board with regard to a sewer and water charge on his property. Mr. Limerick said this was in regard to paying a charge in lieu of betterments for sewer and water, and he felt it should not have to be paid as the utilities were put in by a private contractor. Mr. Gray submitted a plan to the Board showing the area in question, stating that the sewer line was constructed by Mr. Tocci, but it is a Town utility. He stated it ends at the lot line of Mr. Limerick, that water extends to here, pointing to the plan. He said Mr. Limerick wants to tie into here and must pay a charge in lieu of betterments. It will cost $485.25 for sewer and $150.00 for water . It can be extended ; 98.98 feet back and 100 foot frontage on this property, and he had discussed the matter thoroughly with Mr Limerick. The Chairman asked who put the sewer in, and Mr. Sewer Gray replied, Mr. Tocci, under contract, no better- Connection ments were paid at all on the lots in question. Mr. Tocci put the sewer in to service his lots, and ex- plained in this case here, it stops at Mr. Limerick' s line. Mr. Graziano said the overall charge is almost $1,000, and he didn't mind paying a fair price. The Chairman asked Mr. Gray what it would cost for one hundred foot frontage, and he replied con- siderably more than that, that this is only $4..85 per foot, which is cheap, and if the sewer were ex- tended, it would cost a lot more than that, Mr. Lim- erick would automatically be charged whether he con- nected or not. The Chairman stated Mr. Gray has accurately stated the policy of the Town, that everyone is assessed the same way. Mr. Limerick and Mr. Graziano retired at 8:30 P.M. The Chairman referred to the funds of the Trustees Trust of Public Trusts and asked Mr. Legro if next year when Funds budgets are prepared, taking the Cemetery budget as an Lr 1 8 2 61 . M s example, if there is $1500 in its budget, its budget could include a transfer for that special purpose. Mr. Legro didn' t feel it would take a town meet- ing vote, that he didn't feel the need to wait until next year with regard to any trust; that the Trustees could make available to the Cemetery Commissioners and be used for the purpose provided for in the will. The Chairman said money could be asked for from this fund and be obtained , and Mr. Legro said for the Commissioners to let them know they want to expend this amount for a specific purpose and if the Trustees agree it is a proper purpose and earmark the funds , then the Commissioners can send the bill to the Trustees for payment The Chairman asked if it wouldn't be good judgment to acquaint the Cemetery Commissioners that this money is available to them so they can contact the Trustees . Mr. Sherman, present at the meeting, said they hoped to be able to use those funds for Westview Ceme- tery; that something had to be done up there very quickly. The Chairman referred to the different funds and asked if they could be included in the budgets, that a like amount could be included in the budget. Mr. Legro suggested that the budget figure be left as it is, and if there is a surplus, it will revert back to E & D. The Chairman read the list of Trust Funds. Mr. Gray said he would make some copies and see that Mr. Legro received one. The question was asked what the name of the Cemetery in East Lexington is , and Mr. Sherman replied it is deeded to twenty-five persons' names at least, and dates also from 1784, i.e . , Robbins, Buckman, Estabrooks, and well- known families He stated they have a map showing the lots and where everyone 'is buried and it gives the names of all persons He said he wanted to know why the Town was maintaining it if it were private, whether the Town has the right to maintain the cemetery. Mr. Sherman said the Board of Assessors does not assess it , as it was not worthwhile, one or fifteen dollars, its income would not be worth anything. Mr. Cataldo spoke of Lincoln Street, and stated the agreement expires November 1, fill from DeMatteo, and he Lincoln would like ten days to two weeks ' extension. He sug- St. Dump gested November 15 as the date of the extension. Upon motion duly made and seconded , it was voted to extend the agreement with DeMatteo to November 15. 219 The question was asked about the grass at the Hart- well Avenue land fill, and Mr. Cataldo stated there were Grass three different methods of grassing up there, that it Hartwell was on the left as you enter. He said all three worked, Avenue and they wanted to see which would hold up the best. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which , if made public, Executive might adversely affect the public security, the financial Session interest of the Town or the reputation of any person. Following discussion with regard to acquisition of property and personnel, it was voted to resume the open meeting. The Chairman reported that as the Board knew, the name of Bernard Belcastro was proposed for the Sealer Sealer of of Weights and Measures as a provisional appointment. Weights & Mr. Gray said the approval had been received from Measures the Division of Civil Service for a period of thirty days. Upon motion duly made and seconded, it was voted ' to adjourn at 9:50 P.M. A true record, Attest: / n ` ecutive Clerk, Selectmen Y L, n