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HomeMy WebLinkAbout1967-06-05-BOS-min 70 SELECTMEN'S MEETING June 5, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, June 5, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present . Mr. Legro, Town Counsel, Mr Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Gray, referring to the Goodwin property on Goodwin Pearl Street, stated Mr. Carroll will take the building building down tomorrow morning. Mr. Gray said , in reference to the Cummings' pro- iCummings' perty on Massachusetts Avenue, Mr. Legro, Town Counsel, building advised another hearing should be held . Mr. Gray read a letter from Mr Louis A. Zehner, Chairman of the 1966 Town Report Committee, with re- Town Report commendations . Committee Upon motion duly made and seconded , it was voted to discharge the 1966 Town Report Committee. The Chairman said , personally, he felt there should be such a committee for 1967 Mr. Gray stated he ani Mr. Zehner discussed this and it is the feeling of the committee that unless the report is sent to all the property owners in Town, there is a lot of work that goes into this. He also felt it should be cleared with the Appropriation Committee in regard to what part of the report is to be sent out before the committee is appointed The Chairman said the interesting part of it should go to all the citizens , and the Board agreed . It was also agreed that a committee should continue on this . Mr. Mabee said there is no point in the committee continuing unless a popular report is to be sent out. The Chairman said the Board would proceed along as if its position was going to prevail He said the Board would ask the Appropriation Committee and then pro- ceed to appoint a committee Mr. Legro stated he had prepared an option for the Pihl land Pihl property which the Conservation Commission has had option signed, and it expires June 15, 1967 He stated the option is prepared in accordance with recommendations of 1 71 the Conservation Commission sent to the Board of Selectmen, to which the Board agreed Upon motion duly made and seconded, it was voted to exercise the option, prepared by Town Counsel, on the Pihl property. Mr. Legro stated he has , for signing by the Board, an Order of Taking of the Newell property at 12 Clarke Newell Oaf Street , on which the Town has an option that has been of Taking exercised . Upon motion duly made and seconded , it was voted to sign the Order of Taking ds prepared and submitted by Town Counsel. Mr. Carroll reported on bids taken last Monday for the first sewer job. Upon motion duly made and seconded, it was voted Sewer bid to award the contract to Avon Construction Company, the low bidder, in the amount of $58,385.00. Mr Carroll referred to the drainage problem down at Green Lane and said Mr Tryon has agreed to let him take this up now in place of his 8:00 P M. appointment. Green Lane Mr. Carroll submitted a construction plan and ex- drainage plained where a drain ran down Pleasant Street through the corner of the Tryon and Presho property. He stated in constructing the drain, he left in the brook which ran from near the end of the Tryon driveway, mostly in the property of Mr. Presho He stated in the construction of this drain, he put a stub sticking out in order to pick Up this brook. There was nothing particularly wrong about the construction About a month ago, Mr. Tryon asked if he would restore the last ten or twelve feet of this brook in its original condition. Mrs. Presho said she did not want the Town to go on her property, and last week the brook was blocked up. Mr Carroll said since that time, he has been trying to work to negotiate between both parties to see if this problem could be settled . He said when the brook was blocked up, the Tryon property was flooded. He said he has talked to Mr Tryon' s lawyer and the Presho' s (lawyer. Mr Carroll suggested that he tap into thektwenty- four inch pipe beyond the end of Tryon' s driveway and run a stub pipe out of it which would end a little beyond the Tryon property In that case, Mrs. Presho could fill in the brook on her own property He said he talked to Mr. Doctoroff, attorney for Mrs. Presho Friday, and his solution is for the Tryons to dig a ditch through the peat out to the stub now existing Mr. Carroll said he felt the better solution to the problem is the one he, Mr. Carroll, 72 CC CZ suggested . He said he believed he was correct in saying 11the Town has the right to go in and construct this stub as long as it is in the easement whether Mrs . Presho wants it or not. Mr. Carroll said Mr. and Mrs. Tryon are very much con- conned with the flooding of their land. Mr. Carroll said he recommended that the Board do this, but he wanted an opportunity to talk to Mrs. Presho' s lawyer first . He said he would like the Board ' s approval to go ahead to do Ct. Mr. Tryon said he was in agreement with Mr. Carroll ' s plans for a pipe going out that this will take the water off the land. Mr. Carroll said there is no question but that he can put the stub in without leaving the easement . The Chairman said the Tryons would have water, but in the amount they want. Mr. Carroll said that was right and if Mrs. Presho fills in her brook, she will have no water. She wants the brook filled in, but she does not want the Town to do it . The Chairman asked if Mrs Presho was going to be happy with the brook filled in with dirt. Mr. Kenney asked if Mr. Carroll would go ahead if Mrs . Presho objected . Mr. Carroll said that is what he is planning to do if the Board says so. Mr. Carroll was authorized to proceed as he suggested . Mr Tryon said it was his understanding he would have the right to affect temporary blockage of the pipe opening. He prepared a statement of what he would like to request the Board to grant which was "The owner of Lots 9 and 10, 100 Pleasant Street, has the right to affect temporary blockage of the opening of the drain pipe, to be installed about 70 feet southeastward of the northwestern corner of Lot 9, for the purpose of ftaintaining the natural vegetation on Lots 9 and 10 in its original condition." The Chairman asked what Mr. Tryon would call a temporary blockage. Mr. Tryon replied he did not know What he had in mind was to hold back the drainage so he could get water in the peat so it would soak in and for this reason, he was able to preserve the plants in the area during a drought. He said it would be somewhat difficult if he had no right at all to block up this pipe. Mr. Carroll said it could affect Mrs . Presho' s land if in a very wet period the pipe was blocked off for a long time . Mr Tryon said that is what he does not waht. 73 The Chairman asked if it wasn't bibetter procedure to have Mr. Tryon request each time he wants to do it . Mr. Cataldo said the Board could say it had no objection if he would hold the water to a certain level . The Board had nocbjection, and Mr. Carroll was requested to come up with a level. Mr. Legro advised whatever the level might be, there should be a limitation so the other land will not be flooded . Mr. Carroll said he would be in touch with Mr. Legro on this problem Mr. Cataldo said the sense of the Board isto get this done and it has spent more time on this than it has on any other problem. He said Mr. Carroll should go down there and get it done Mr. Legro asked if Saturday morning at nine o' clock would be all right for the Chairman to go over the motions for the June 12 Special Town Meeting The Chairman had no objection. Request from 'Porter & Desmond for permission to move four houses was held over to give Mr. Carroll an opportunity Permit to look into the matter Upon motion duly made and seconded , it was voted to grantermission to the Mystic Valley Gas Company to Gas Main locate a 4" medium pressure welded steel gas main in Carley Road to service #14 Carley Road Letter was received from Kenneth G. Packard, 31 Oakland Street, and a letter was also received from Drainage Paul D. Curley, 11 Round Hill Road , both communications in reference to drainage. Mr. Carroll said he would have a report and plan for the Board at its next meeting Letter was received from Mr. M E. Frederick, 16 Westwood Road, advising that he would like to connect to the sewer. Sewer Mr. Carroll explained this man is one house away from the trunk sewer He recommended that the Board refuse him permission to connect until there is a peti- tion for sewer in all of iestwood Road Form letter was received from the Division of Civil Service, enclosing a copy of Chapter 21 .6 of the Acts of 1967 providing for a change in the height requirements Police for police officers 74 V. Form letter was received from the Waltham Taxpayers' Association bringing the Board ' s attention to House 1950 or House 1951. The Chairman said he would have to check the two bills to know their content . He thought it was on the distribution of the sales tax Letter was received from Paul Hennessey, Chairman of the Faculty Ticket Committee of the Lexington High Tickets School, relative to tickets for graduation. The Clerk was instructed to request ten tickets for the Board. The Chairman read a letter from Mr. Donald K. Irwin, Vacation Building Inspector , relative to taking a portion of his vacation one day a week throughout the summer months . The Board had no objection The Chairman read a letter from the New England Wild Flower Preservation Society, Inc. , requesting pe'mission to collect certain uncommon native plants from Tophet Swamp. Permit Mr. Cataldo suggested, and the Board agreed, to have the Society contact Mr. Mazerall, Park Department Super- intendent, and explain exactly what it wants to do; Mr. Mazerall to report to the Board . Telephone call was received from Mr. Alan G. Adams advising thatRobert Barrett and Mr. Maxey do not want Stencils for the stencils for addressing warrants. Unless he can addressing sell them, he will discard them and he pointed out someone warrants will have a job addressing warrants for Town Meetings . He has 14,000 stencils which he valued at 12$ each. He stated he would sell them for $900. The Chairman said the Board would discuss the subject with the Appropriation Committee. Communication was received from The Star Spangled Banner Flag House, Baltimore, Maryland, in reference to Flag Week National Flag Week. Upon motion duly made and seconded, it was voted to proclaim June 11 - 17 as National Flag Week. Upon motion duly made and seconded , it was voted License to grant a Common Victualler License to Ralph J. A. Ruocco, d .b.a. The Country Store, 856 Massachusetts Avenue Further consideration was given to the Dunfey Corpo- ration' s application for an Innholder' s License for the sale of all kinds of alcoholic beverages at 727 Marrett Road I 75 Mr . Gray said he requested Mr. Nicholson, attorney for the corporation, to furnish him with a floor plan The Dunfey of the Inn and designate the rooms listed in the letter, Corporatia function rooms and the location of the service bar Mr. Gray submitted the plan and indicated the various rooms and location of the bar The Chairman said, #1, the Board has had a list of rules and regulations, prepared by Mr. Gray, which Town Counsel would look over. He said the Board is satisfied with the plot plan He said the Board has to get back from them the fact they own the property and that the old Common Victualler License and Innholder License have to be relinquished At that point, he felt the Board was in a position to issue a license if it had prior approval of the Alcoholic Beverages Commission. Mr Cataldo mentioned that the Board had done this ]ret week Upon motion duly made and seconded, it was voted to schedule Selectmen' s Meetings for the months of June, July and August , as follows: June 12, 26; July 10, 24; Meetings August 14, 28; the first meeting in September to be held on September 11 All meetings, with the exception of June 12, are to be held at 7 30 P.M Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on May 29, 1967 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 financial interest of the Town, Session the public security, or the reputation of any person. Following discussion with Mr McQuillan, Chairman of the Board of Health, and matters of a legal nature with Town Counsel, it was voted to resume the open meeting. Mr. Legro and Mr. Carroll retired. The Chairman read a letter from Mr. Burrell, Director of Civil Defense, with regard to request for funds under Civil Article 3 of the Warrant for the June 12, 1967 Town Meeting. Defense Mr. Cataldo reported on the joint meeting held in regard to dumping material into the Lincoln Street dump Fill for area and said the Planning Board had invited the Chairman Lincoln St of the Land Use Committee to attend . He said it was the r 2 C, C_ G': unanimous feeling that Lincoln Street should be filled in with this material. He said it was the unanimous feeling that Mr. Carroll and Mr. Zaleski come up with some recom- mended grades for the Board If the Board votes to pro- ceed, there will then be a meeting to which all the people in the area will be invited. At 9:25 F.M. , Messrs . Blaisdell, Kolovson, Gary, Bretscher, Zehner, Mrs . Souza and Mr. Furash met with the Board to discuss motions for the June 12 Special Town Meeting. The Chairman said he had asked Mr. Burrell to be present , and that last week he, the Chairman, mentioned $3,000 under the Civil Defense Article, at which time the Appropriation Committee said it would give the matter consideration. Mr. Blaisdell said the committee has not considered making a change. He said, speaking for himself, he would not go to $3,000; the previous figure was on the warning system. He asked if the stocking would be completed this year or finished so it becomes a minimum thing in any sub- sequent year. Mr. Burrell said the total program cost $4,000 or $5,000 over three years, and it would cost $2pp to main- tain it each year. He explained this is for replacement and general checking The Chairman said for all practical purposes this completes the shelter stocking for 32,000 people Mr Burrell said if the Board wants to make changes, he would accept them The Chairman asked if he felt the creation of an Advisory Council would help, and Mr Burrell replied in the affirmative Mr Blaisdell said the committee was recommending a program of $2,000 The Chairman asked what would have to be shut down if Town Meeting did not make any appropriation Mr Burrell said he had $1400 and it will cost $800 to operate the radio system. The following appropriation requests were agreed upon: Article 2, $25,000 from the Excess and Deficiency Account; Article 3, Selectmen' s figure $3,200, tax levy; Article 4, $300, with possible change, tax levy; Article 5, $1,086, tax levy; Article 6, $3,000 tax levy; Article 7, $300 tax levy; Article 8, $16,000 tax levy; Article 9, $28,000 Excess and Deficiency; Article 10, $14,000 tax levy; Article 11, postpone; Article 12, $10,000 tax levy; Article 13, $26,000 tax levy; Article 25, $20,000 tax levy; Article 26, $23,000 tax levy 77 Mr . Legro asked if anyone had checked with the Assessors relative to the tax levy No one had, so the Chairman asked Mr Gray to check the first thing Tuesday morning because motions for Town Meeting cannot be typed until some definite information in regard to the tax rate had been received Upon motion duly made and seconded , it was voted to adjourn at 10:40 P M A true record , Attest: �7 i til Ce tx�c ve erk, Selectm d I