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HomeMy WebLinkAbout1965-09-27-min co 306 SELECTMEN 'S MEETING ' September 27, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, September 27, 1965, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant , Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . At the request of Miss McDonough, Town Clerk , Jurors two jurors were drawn Those drawn were Frank B. Locke, 18 Harbell Street, and Gerald F. MacNeil, 49 Grapevine Avenue . Mr. Legro reported th4t the contract between the Town and Whitman & Howard, for engineering ser- Engineering vices on certain streets, was in proper form. Contract Upon motion duly made and seconded, it was voted to execute the contract as submited, and all six copies were taken by Mr. Legro. Mr. Legro reported that he had the contract between the Edwards Company, Inc . and the Town for the Civil Defense warning system. He said he thought it was in proper order, but having only received it today, C.D. warning did not have an opportunity to go over theminor re- system visions. He explained the installation work is to be contract done by R. W. Jones Electrical Co. , Inc Upon motion duly made andseconded, it was voted to execute the contract subject to approval of Town Counsel. All three copies were taken by Mr. Legro. Upon motion duly made andseconded, it was voted to authorize thesubcontractor to do the electrical work providing the Edwards Company, Inc . assumes all liability. Mr. Legro referred to Mr. Kobrick's meeting last spring relative to Laconia Street. He recalled it Laconia was the Planning Board' s suggestion if that way , Street sometimes known as Laconia Street, were to be discon- tinued, the owners should provide a thirty-foot street along the westerly edge of their land. The principals had considered this and decided with the other obligations 30? of the owners, this would make the entire situations prohibitive. They are of the frame of mind to in- demnify the Town against any damages or loss that may be incurred if theTown should discontinue the way known as Laconia Street and any damages or loss that may be incurred by the Town for the reason of Laconia S Street going out to Lowell Street. They will undertake to either move the water pipe or put a new water pipe in a new location without removal of the old one. He said this is all by way of report The question still remains whether the Town can do anything to distinguish any rights that may be involved. The Chairman read a letter from Frederick J. Conroy advising that he represents Ned S. Rasor in the matter of the sewer betterment assessment levied on the property Rasor at 80 Marrett Road. sewer Mr. Carroll submitted a plan and indicated the betterment property and sewer which was installed last year . He explained the entire length of the property was assessed and the total amounted to $2293. He said the only relief he could think of would be to cut off a portion of it. Mr. Cataldo asked on what basis the abatement is being applied for. Mr. Carroll said he did not know. It was agreed to advise Mr. Conroy to contact Mr. Carroll . The Chairman reported that Mr. Albert Busa, repre- senting Busa Realty Trust, came into the office and amended the letter of September 13, 1965 to the Board with reference to a change the Trust proposed in pars- Circle graph four of the agreement in connection with the con- Road veyance of tax title lots on Circle Road. He explained the date for commencing construction has been changed to June 30, 1966 and initialed by Mr. Busa Mr. Legro said he thought it was decided at the last Board meeting, the only thing the Board was concerned with was the completion date Mr. Mabee said Mr . Cataldo pointed out the error in the commencing date. The Chairman asked what the problem was. Mr. Sheldon replied Mr. Busa does not want to put up a bond. Mr. Cataldo said he has to have the lots land courted. Mr.' Sheldon asked if he would agree to put up a bond in June. Mr. Legro advised the Board could defer the convey- , ance if Mr. Busa wants to defer the time for giving bond. 308 cr n He explained under this arrangement , he cantt land court the lots. He said he did not think the Selectmen would object to a reasonable delay so long as it knew when the work was going to be bompleted and the lots were not tied up for too long a period. He said if Busa wants the agreement and the commencing dale deferred for six months or so, he would have no objection , but he did want the bond at the time of passing. Mr. Cataldo asked if Mr. Legro would not change his opinion if Busa had in his letter he would complete by 1968, and Mr. Legro replied in the negative. It was agreed to advise Mr. Busa that the original decision of t,1e Board should not be changed. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following j/o pole locations, all having been approved by Mr. Carroll: School Street, southeasterly side, at Eastern Avenue, -- One pole . (One existing j/o pole to be removed. ) Concord Avenue , northeasterly side, southeasterly from a point approximately 742 feet southeast df pleasant Street, -- Two poles . (Two existing j/o poles to be removed. ) Petition received for construction of Wright Street and installation of sanitary sewer was referred to Mr. Wright Carroll, Superintendent of Public Works, who agreed to Street have a formal petition prepared and sent out . The Chairman read a letter from the Mystic Valley Gas Company requesting permission to install a gas main in Grime Street The proposed location was approved Gas main by Mr. Carroll Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a four-inch welded steel gas main in Grove Street to serve gas to Carriage Drive and Coach Road. The CYiairman read a letter from Mr. Zaleski, Plan- ning Director, to Mr. Carroll asking that some provision Planning be made in the 1966 budget for an extension of the Board northerly and easterly walls of his office into the office corridor by about 6i-4 feet. expansion Mr. Carroll said unless the Board had some objection, he would include this in the budget for next year. He said he did not think this would hinder any future plans for expansion of this building. 3O Notice from the Department of Public Utilities of a hearing, upon petition of theBoston Edison Company, Edison relative to the issuance and sale by the company of hearing bonds, was noted and placed on file . Memo from G. H. Conant, 201 Follen Road, complain- ing about uncovered rubbish trucks being operated by Rubbish Fred Miller & Sons, was referred to the Police Depart- trucks ment for whatever corrective action may be necessary. A copy of the Town of Lincoln' s Regulations and Requirements concerning the moving of buildings on public Moving Nays was received and the Clerk was instructed to send buildings' a copy to the Town Counsel, Police Department , and Super- regulation intendent of Public Works. Application for the position of Superintendent of Cemeteries was received from Mr. William C. Kling, a Applicatii long time employee of the Cemetery Department . The Chairman suggested thatthe application be filed until such time as the vacancy in the department occurs, and tell Mr. Kling the Board would accept it as a preliminary application. Letter was received from Mrs. Mary L. Levis, to- gether with copy of letter she sent to the State Com- Complaint missioner of Veterans of Foreigh Wars, requesting the immediate removal of the V .F.W. building onHayes Lane. The Chairman suggested thatMrs . Levis be advised the Board would cooperate. Release was received from the Alcoholic Beverages Control Commission relative to the sale and delivery of Package alcoholic beverage on Columbus Day. Goods Motion was made to request all Package Goods Stores Stores to remain closed for the entire day. The motion was not seconded, and therefore lost. The Chairman suggested that the managers of the stores be advised they will conform to the hours estab- lished by the Commission The Chairman said the Board did state it would reactivate the Financial Study Committee. Mr. Sheldon said he had no objection, but did want Financial to point out a good deal of that work is going on in the Study overall 'study with nine or ten subcommittees which will Committee do everything this group did and more. This overall study has been set in motion. He said if the Chairman bought there would be no duplication, he would have no objection. 310 Cr Mr. Cataldo stated the benefit here would be if the Board wanted figures for the March Town Meeting Mr. Sheldon said he was not opposed and presumed several of the same people would serve again. The Chairman said the Board should at least give people who served before an opportunity to serve again. Upon motion duly made and seconded, it was voted to reactivate the Financial Study Committee. Upon motion duly made and seconded, it was voted to grant Christian High School permission to conduct Use of hall a choir concert in Cary Hall on December 10 or 18, depending on a final date of a Cary Lecture, free of charge. Upon motion duly made ana seconded, it was voted License to grant a Taxi Driver License to William C. Judkins, 70 Seminole Avenue, Waltham. Upon motion duly made and seconded, it was voted to authorize theChairman to sign a Liquor Purchase 9. I.D. Card Identification Card for Marie E. Ferracane, 31 Winthrop Road, satisfactory evidence of he r birth date having been received Upon motion duly made and seconded, it was voted 'Minutes to approve the minutes of the Selectmen's Meeting held on September 20, 1965. v// Mr. Aiden L. Ripley met with the Board to further discuss the hour at 572 Massachusetts Avenue, and asked for another extension of thirty days. He reported the owner of the land on both sides of the easement and directly in back of the house is interested in the house himself. He would tali* +the house and as soon as possi- ble, move into it and work on it himself. Mr. Sheldon said this man would move the house onto his own land Mr.Ripley replied in the negative. He said the house would remain whemmit is until such time as Emerson Road came along He would improve the house and he and his wife would live there. His daughter and her family live in the house right beside it . The first thing he would do would be to paint it, then do the inside paint- ing and a certain amount of repairs. He is willing to sign an agreement with the Town whereby there would be no damages in any way against theTown if he put $5,000, $6,000 or $7,000 in the house and then Emerson Road came through. He willnot hold the Town responsible because when Emerson Road comes through, he only has to move the house fifty yards and he would be on an accepted street. 311 The Chairman said this man would be living in a house on Town land . Mr. Ripley said that was correct. It would be the same as the last two people. The Chairman said thosespeople had a relationship with the Town as tenants and asked what this man's re- lationship would. be. Mr. Ripley said the Board would sell the house to him and he would remain there on Town land. Mr. Legro advised that house is part of the realty and he did not think it could be severed. The property would continue to be the responsibility of the Town and someone would be living there without paying rent. He said he thought the property could be severed by vote of the Town. Mr. Ripley asked about the Board letting the man live in there anyway and letting him do these things . The Chairman stated there is a difference of opinion as to the value of the house . The Board's intention from a way back has been to tear that house down. Theh they modified it to allow it to be moved. He said the Board does not want to leave that house there in its present condition. Mr. Ripley said this person would immediately put the house in good shape and live in it . He said he knew the Historical Society feels it would be an asset. Mr. Cataldo said there is no question, money could fix that house, but a husband and wife going in there to do it themselves with $5,000, he could not see it will come out the way Mr. Ripley thought it would. Mr. Ripley said he would have some help on it. Mr. Cataldo said even if they hire someone, $5,000 would not be seen . He would spend that much for painting, fixing the porch and landscaping . He said the house could be restored and look good, if someone has that kind of money. Mr. Ripley said he would take it and live in it , and if Emerson Road came, he would then move it . He said as far as he knew this man could move it now, but would rather leave it where it is He said if the house were moved now, it would not have any frontage. He said if theTown would allow him, and make it legal for him to have a right of way to the lot of land in back of the large house which is be- side this house, he would move it across the easement; if the Town would permit him to have frontage on the easement until Emerson Road goes through. He said then there is the problem of water Mr. Sheldon said he supposed the douse could be rented for $1.00 per month and this man agree to make certain repairs. He said the Town could tear it down if it wanted to. 312 a, ct Mr. Legro said he supposed it could be done. Mr. Sheldon said the Board would have to get a defi- nite agreement to put the place in condition. This man would be gambling the money against the time when Emerson Road goes through and he would have no title to it . Mr. Ripley said he seems to be a responsible man and owns real estate. If he got it at a rental or some very low price a month, he thought he would be interested. The Chairman asked if anything had come out of trying to get the house moved. Mr. Ripley replied in the negative. The Chairman said he did not know how this man could move the house and not have a frontage on a street. Some- one would have to give him permission. Mr. Ripley said that would be Board of Appeals. Mr. Cataldo pointed out the Town would be committed to utilities. Mr. Carlon said the Town would be committed, to supply water. Mr. Legro advised the Board would be committing itself to a seventy-foot way also, and also to putting Emerson Road through. Mr. Mabee said he assumed one of the reasons the Board wanted to tear the house down was because it looked bad If the Board could get an agreement with someone to the Board' s satisfaction that would be what the Board wanted in the first place. Mr. Cataldo said if they are going to fix this build- ing for $5,000, it would not be an asset. He said this Board would be putting future Boards in an undesirable posi- tion in years to come. Mr. Carroll pointed out this man would have to maintain the grounds. Mr. Mabee said it would not make any sense to the owner unless he knew he had a sure place to move the house and the Board cannot guarantee that . It can't give him any assurance that he will be on a street with a frontage now or fifteen years from now. Mr. Ripley said he thought this man owns the house next to it . He lives in Watertown and would rather use it where it is than move it . The Chairman said there is no question but Mr. Ripley has been acting in good faith. People are saying the idea is to stall this as long as the Board can until a Town Meeting is held to preserve this house. He asked if Mr. Ripley had any knowledge of this . Mr. Ripley replied in the affirmative and asked how the Board felt about extending this until Town Meeting. The Chairman said he would be opposed, and the Board has to look at this from the point of view of the best interest to the Town . 313 Mr. Burnell said if this man had a good buildable lot, would he want to move the house onto the lot. Mr. Ripley said he thought he would but it runs into water and sewer. Mr . Cataldo asked what protection the Town would have if the Board went into something like this, the man moved in and a month later was taken ill and could do nothing. Mr. Legro said he assumed the Town would first of all want to write an agreement of rather short duration because it has no way of knowing when Emerson Road will go through. He said he did not think tAe Selectmen had any right to commit the Town for five years. Mr Cataldo asked wh.,.t protection the Town could get that this house would be repaired. Mr. Legro advised he did not think there was any unless the man put up a bond. The Chairman said he did not think there was any merit in considering, at this time, another tenancy in the building, but he would go for another extension to see if Mr. Ripley could find someone to move the building to a bona fide lot . He explained he was speaking for himself, and not the Board. Mr. Ripley said he would still like an extension of thirty days. The Chairman asked if the Board was interested in another tenancy The Board was unanimously opposed, even at $1.00 per month. The Chairman asked if the Board was disposed to granting another thirty-day extension. He said he would be in favor of another thirty days which might be the last extension unless there are some concrete plans to move the house. Mr. Ripley asked if the man thought he could afford water and a sanitary disposal, would the Board grant him a right of way for his own use. Mr. Legro advised this could not be done until a Town Meeting gives the authority. The Chairman stated the only thing the Board can do this evening is to consider another thirty-day extension. Upon motion duly made and seconded, it was voted to extend the time for demolishing the house at 572 Massachusetts Avenue for thirty days beginning September 28, 1965 Mr. Ripley retired. Mrs. Joseph P. Kelley, 83 Cary Avenue, met with the Board relative to a water betterment bill in the amount of $151.88 which she claimed should have been paid by the former owner of the property 314 ct. aa• Mr. Sheldon asked if the usual procedure would have been for the attorney to make a search to see what bills the Town might have against the property The Chairman stated the onus is on the attorney, He asked if Mrs. Kelley was requesting an abatement of a charge for water repairs and she replied in the affirmative. Mr. Carroll said this must have been a service charge and asked for a copy of Mrs Kelley' s bill. The Chairman asked Mr. Carroll to look into the matter and said the Board would let Mrs. Kelley know when a de- cision has been made. Mrs. Kelley retired at 8 50 P.M. Messrs . Rae, Garrity and Sparrow, recently appointed members to the so-called Great Meadows Committee, met with the Board. The Chairman said everyone is agreed that some effort should be made to find some useful purpose of theGreat Great Meadows in keeping with any protection the Town of Arling- Meadows ton may need for the land as convervation purposes. He Committee said the Board hoped this committee, talking to the Arling- ton Committee, could come up with some recommendations that might be mutually acceptable to the two towns and the Boards of Selectmen . He e q wined this is an exploratory com- mittee and the Board would wait for any recommendations it may have. He said the committee 's first move should be to get in touch with the other three men from Arlington, The group retired at 9:00 P.M. = The Chairman read the results of theCivil Service examination for the position of Chief of Police as follows Chief of Lieutenant Paul E. Furdon, 98.02 Police Lieutenant James F. Corr 07.31 Sergeant James J. Lima 93.79 The Chairman said there are three candidates for the position of Chief of Police, and while the decision should be in open Session, he felt the interviews should be in Executive Session because the same questions will be asked of the three candidates . Upon motion duly made and seconded, it was voted Executive to go into Executive Session for the purpose of discussing, Session deliberatingor voting on matters .which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following interviews with the three candidates, and discussion with Town Counsel with reference to the so-called Monsignore land on Laconia Street, it was voted to resume the open meeting. 315 The Chairman said there was another accident at Bedford Street and Harrington Road, and he had obtained from the Police Department a list of all accidents at this intersection from December 29, 1960 until July 7, 1965. He said if the Board could decide this evening to put a "Stop" sign on Harrington Road, within two Traffic weeks it would have approval on it . Mr. Burnell said when a study was made of Bedford Street, it was started at Harrington Way and asked if any recommendations were received from the State in regard to Harrington Way Mr. Carroll said he did nut think specific recom- mendations were made. Mr. Burnell asked if there should be a "Stop" sign or a light. The Chairman stated a "Stop" sign will be an indi- cation to the people in the area that the Board is aware of this. Mr. Burnell said the Boaid is waiting to see what the results along Bedford Street will be. He said he was in favor of putting in either a "Stop" sign or a "Yield" sign which seems to gain more and more favor around the country. He said he thought a "Stop" sign would be excellent He asked about Hancock Street going onto Bedford Street . The Chairman said he was suggesting a "Stop" sign on either side of Bedford Street at Harrington Road. Upon motion duly made and seconded, it was voted to erect a "Stop" sign at either end of Bedford Street and a "Yield" sign at Hancock and Bedford Streets Upon motion duly made and seconded, it was voted to erect these signs on a trial basis The Chairman said the Board did have, in Executive Session, the three candidates for Chief of Police and the Board is very proud of its Police Department and the marks received by the men who took the examination. He stated at this point the Chair would aks the Bo4Bd if it was ready to make a decision Mr. Sheldon said he felt it was, and he nominated Lieutenant James F. Corr for Chief of Police. Mr. Burnell seconded the nomination The Chairman asked if there were any other nominations, and there were none Upon motion duly made and seconded, the nominations were declared closed. The Chairman instructed the Clerk to cast one ballot for the Board appointing James F. Corr, Chief of Police, effective October 15, 1965. The Clerk east one ballot 316 z ct and it was unanimously voted to appoint Lieutenant James F. Corr, Chief of Police, effective October 15, 1965. The Chairman asked for a vote authorizing him to to sign Certification Form 16 received from the Director of Civil Service. Upon motion duly made and seconded, it was voted to authorize the Chairman to certify the appointment of Lieutenant James.F. Corr to Chief of Police. Upon motion duly made and seconded, it was voted to ajourn at 9:45 P.M. A true record, Attest: Y/ ec iv le Sel a O 1