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HomeMy WebLinkAbout1965-06-28-min 223 SELECTMEN'S MEETING June 28, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 28, 1965, at 7 :30 P.M. Chairman Cole, Messrs . Burnell, C&-taldo, Sheldon and Mabee were pre- sent Mr. Legro, Town Counsel, Mr . Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four poles, hip guy and anchor on the first pole , on Blake Hip guy, Road anchor & Mr. Dunn, representing the telephone company, and poles Mr Serverson, representing the Boston Edison Company, were the only persons present at thehearing Notices of the hearing were mailed to the peti- tioners, owners of property listed on the petitioners ' plan and also filed with the Superintendent of Public Works . Mr. Carroll approved the proposed locations. Mr. Dunn stated about six weeks ago, he came to the Board for a vote of confidence on these locations and this is the petition coming through in its formal way No one wishing to be heard in favor or in oppo- sition, the hearing was declared closed Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the follow- ing hip guy, anchor and pole locations Blake Road, northeasterly side, northwesterly from a point approximately 49 feet northwest of Burlington Street, -- Four poles, hip guy and anchor on first pole. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held Minutes on June 21, 1965. Hearing was declared open upon petition of the Boston Edison Company for permission to locate forty feet of con- duit in Hancock Street at Brigham Road . Conduit Notices of the hearing were mailed to the petition-r, owners of theproperty listed on the petitioner's plan and 224 r, also filed with the Superintendent of Public Works . Mr. Carroll approved the proposed location Mr. Serverson explained the conduit would be feed- ing into a development on Brigham Road and will be under- ground. No one wishing to be heard in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for forty feet of conduit in Hancock Street at Brigham Road Messrs. Serverson and Dunn retired. Mr. Legro stated he had an extension of Agreement of the time of conveyance of the parcel on Rindge Avenue , extending the time to July 15, 1965. He explained the bank has not yet reported on the amount required to release the Extension of mortgage and an extension is necessary for that reason. conveyance Upon motion duly made and seconded, it was voted time to extend to July 15, 1965 the Agreement of the time of conveyance, between Arthur E. Vasseur and Agnes J. Vasseur and the Town in regard to lots 211-215, inclusive, on Rindge Avenue. Mr. Legro stated that a few weeks ago, he mentioned the Oak Park subdivision off Grant Street, the Busa Farm, in connection with the acquisition of an easement for people to pass and repass over the Vine Brook easement. He said at that time discussion was held as to whether it should be granted to the Town and be under the control of the Board of Selectmen. He reported he had prepared a grant of easement which he has sent to the attorney for the subdivider, and provided in the agreeent that the grantor agrees that the grantor will not;. without obtain- ing written p mission from the Board, do certain things, which he quoted He said, in his discussion with counsel for the subdivider today, he told him he would bring this up before the Board . He explained there is an existing easement, taken by the Town in 1938, along a greater part of Vine Brook including this parcel. Mr. Legro advised the Board it is the plan of the sub- divider to erect a bridge across Vine Brook to connect to the other rear land which is not a part of this subdivision, and he indicated, subject to approval of the Board, that the interest of the Board at sicla. time the bridge is proposed would be to protect the channel of Vine Brook. If it went beyond that , it would be a matter for Town Meeting. He said they do not want to put themselves in a position that if they try to subdivide the rear land, they will be pre- vented from erecting a bridge there , provided the bridge 2 .) is erected in a manner that will not substantially inter- fere with the easement the Town now has. He said he pointed out, one bridge had already been erected across Vine Brook that was deemed not to be inconsistent Mr. Carroll reported he took bids today on reupholster- ing the seats in Cary '`emorial Building, and Contrada Up- holstering Company of Medford was the low bidder, $3,516. Bid The other two bids were $4.,949 and $6,390.78. He said he had $4,500 in his budget and recommended that the contract he awarded to the low bidder Upon motion duly made and seconded, it was voted to award the contract for reupholstering seats in Cary Memorial Building to the low bidder, Contrada Upholstering Company of Medford, in the amount of $3,516 .00. Mr. Carroll reported he took bids today on the first sewer contract of the year which will include Burlington Sewer Street, Denver Street, Red Coat Lane and Flintlock Road, bid Hayes Lane and Lincoln Street The low bidder was Charles & Louis Construction Company with a figure of $62,657.00 and it was Mr Carroll 's recommendation that the contract be awarded tothe low bidder. Upon motion duly made and seconded, it was voted ' to award the first sewer contract to the low bidder, Charles & Louis Construction Company, at its net bid of $62,657.00. Mr. and Mrs John P Doherty, 31 Spring Street, met with the Board The Chairman read a letter from the Planning Board, with reference to tax title lot 217 Spring Street, sta'ang that there appears to be no objection to selling the lot Tax title to the owner of adjacent land provided it is to be added to other land of Doherty and not used as a separate build- ing lot . The Chairman stated that, in the past , the Board 's practice has been, when people have shown an interest and the Planning Board has no objection, to advertise for bids with the conditions imposed; one would be that it would be combined to existing lots and this would restrict it to the abutters . Mr. Sheldon asked if the Dohertys would have any ob- jection to those conditions Mrs . Doherty said they would like to acquire the lot to add to their Own lot. Mr Sheldon asked if they would accept a restriction not to build upon it and explained this would be an en- cumbrance forever He said, in fairness, he thought it 226 should be advertised to give the other abutters notice. The Chairman said, in this case where there will be a restriction and only two people involved, he thought the Board could write to both abutters that written bids will be opened on such and such a date and not advettise . He explained the Board would reserve the right to reject any and all bids Upon motion duly made and seconded, it was voted to notify both abutters that bids gill be opened on a date to be set by Mr Gray Mr. Gray said he could have the bids come in Friday before the next Board meeting The Chairman read a letter from Wilson Farm Inc , 6 Pleasant Street, requesting installation of curbing in Curbing front of the stand on Pleasant Street Mr. Cataldo reported Mr Wilson had called him and he asked him to write the Board. He explained Mr Wilson wants to fix the entire parking area so he will have an entrance and an exit Mr . Carroll said he has two projects which will use up a considerable amount of his money this year; one is Kaufman on Bedford Street. He said Wilson's will run about 300 or 100 feet Mr . Mabee said he could not see what advantage this would be to the Town. The Chairman sugge - ted referring the subject to the Traffic Study Committee . Mr. Legro left the meeting at 7:58 P.M. Mr. Mabee said from Wilson's point of view, it would be better to have a curbing, but he could not see any ad- vantage to the Town. The Chairman said the only advantage he could see from the Town's standpoint, in driving along if one knows there are exits and entrances one plans for them Mr. Mabee said he did not think there had been any accidents there Upon motion duly made and seconded, it was voted to refer the request to the Traffic Study Committee The Chairman asked thatthe Committee have a report on this, and other traffic matters, for the next meeting of the Board . Letter was received from Dr. Rudolph J. Fobert ad- vising that in the School Committee 's best judgment, five School crossings in the greatest need of police protection during crossings the summer school sessions are Adams, Munroe, Parker, Hastings and narrington. 1 22 ' A copy of the minutes of the Minute Man Historical Park Advisory Committee were received from Mr. Donald E Minutes Nickerson The Chairman said the minutes will be on file avail- able to the members of the Board . Letter was received from the Lexington Chamber of Commerce requesting, on behalf of the Lexington Choral Society, that town flags be displayed during the Festival of Arts, July 15-18 Flags Mr. Gray reported Mrs. Brown called and said the society would like permission to display the exhibit from the eleventh to the eighteenth rather than from the eleventh to the fifteenth. Mr Carroll asked if the Board thought, in refer- ence to the flags, that if the request were granted, a precedent would be established. He asked if this same request could be applied to other groups. The Chairman asked if there would be any objection to leaving the matter with him and Mr. Gray to try and modify it. Mr. Mabee suggested that the display of flags be con- fined to the immediate area which is germane to the exhibit . Upon motion duly made and seconded, it was voted to leave the matter up to the Cuairman Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Sewer Orde• Denver Street (See Selectmen's files - Sewer Easement Orders, 1965) Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Sewer Oabr Worthen Road. (See Selectmen's files - Sewer Easement Orders, 1965) . Upon motion duly made and seconded, it was voted to issue a Liquor Purchase Identification Card to Mary ID Card Louise Mascarello, 29 Lincoln Street , Lexington, satis- factory evidence of her age having been submitted Upon motion duly made and seconded, it was voted to issue a Liquor Purchase Identification Card to ID Card Bruce H. Simpson, 3 Amherst Street, Lexington, satis- factory evidence of his age h awing been submitted Upon motion duly made and seconded, it was voted to grant a Taxi Driver License to Clifford H. Anthony, License 30 Prospect Hill Road, Lexington, satisfactory character 228cr reference having been received from the Chief of Police. Messrs . Legro and Carroll left the meeting at 8 :10 f.M. Uoon motion duly made and seconded, it was voted Permit to issue a Commercial Dump Permit to Frank Sarno, 25 Overlook Avenue, Burlington Mr . Gray reported that attorney McHue, representing Mr and Mrs. Sullivan on Winter Street, called. A year Sullivan ago the Town made a taking for land for a cul-de-sac and claim no damages were awarded. He said within the time limit they asked the Board to make them an offer and have been assessed $1645 which he did not think had been paid. He said Mr. Snow, former Town Planner, worked on this and at one time attempted an exchange of land. It was agreed, providing no statement of value has been made, to authorize Mr. Gray to have a statement of value made . Mr. Jules P. Sussman, Chairman of the Lexington Conser- vation Commission, met with the Board . Mr . Sussman stated what he had to discuss could affect the finances of the Town. Upon motion duly made and seconded, it was voted Executive to go into Executive Session for the purpose of discuss- Session ing, deliberating or 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 discussion pertaining to conservation matters, it was voted to resume the open meeting. Mr . John Carroll returned to the meeting. Messrs . Ripley, Bryson, Jaquitt}, Abbott, Fisher, Mrs . Morey and several other individuals met with the Board . Mr. Ripley, speaking for the group, explained they were present because of the fact the small red house, the fourth one down from the right from Pleasant Street House at was scheduled to come down next week. He said he did 572 Mass . know it was in danger of coming down two months before Avenue but was so busy he did not think much about it . He heard last Monday it was coming down and that is when he called the Chairman, some other people, and found out a little more about it He said he had the feeling this house, even though he did not know at the time how old it was, should have some more advertising or some notice . Someone should have known something about it . He said he could understand the Board 's position on it. He said 229 he thought the Board might be intereted to know he came up with this . He has two deeds from the Registry, and if he read them correctly, this is a summary he made from reading the deeds . The land w-s sold in 1822 by Ely Robbins to a Blodgett In 1833, the house and sand was sold to Solomon Harrington, Jr. by Blodgett The house was then sold in 1837 by Harrington to Lucy Crosby et al. This places the house being built between 1822 and 1833. The people to whom he has talked about this have been very much surprised it was anywhere nearly as old a s that It was not a Revolutionary house . It seems to him with the extension of the Historic Districts coming, just about everything on the Avenue today should be kept there at least until that time. He said as far as he feels, any house of that age is worth saving. He said he was sure the house needed improvement and should be painted. He said on the other side of the argument, it seemed to him the Town does have some alternatives for tearing down the house and could derive some income if offered for sale, land, house and all. If Emerson Road does dome, it then could take it and buy it if the house had to come down. He said there is no reason for taking it down now. It could be offered for sale to move away. He said it seems as though someone could take it and fix it up and put a tenant in there . This would be better than paying $400 or S500 to tear it down. He said he wouldrather see the house used and lived in. The Chairman asked if Mr. Ripley knew of anyone who would be interested in the sale. Mr . Carroll said he has not looked at the house with the intent of moving it. He said he thought it would be difficult but anything can be moved nowadays . Mrs. Morey said in case anything of any known age is considered for destruction, maybe the Board could go slow. Having heard it was going down the next day, they thought let ' s go slow and see what other way it could be used if it could be used. At the time the land was purchased, the hcuse was in poor condition and the Board, at that time, had no thought of doing anything with it except des- troying it . Then the family, through the Follen Church, came up. She said the Board six or seven years ago was remiss in not looking at the background of the house . The main thing is when there is something like this, let 's go slow and see if there is some way of preserving it . The Chairman asked at what point in age does a house become worth preserving as an antique or historical monument. Mr. Ripley replied the Worthens are in favor of somehow maintaining the house if possible and as a matter of principle, doing this all over Town on every old house . 1 230 CZ or et The Chairman said the original intent was todestroy the house Mr. Jaquith said as one goes through East Lexington, every other house down there is an aged house in relEtion to the rest of the Town. Everyhouse taken out of that area takes that much more away rom the village concept of East Lexington. He said he hoped that part of the Town will be brought back to a village atmosphere He said if erson hoed goes through, t�iis house will have to go . He did not think the Town could wait for a decision about Emerson Road. Something has to be done about the house. It cantt remain there much longer in its present condition and he would hate to see the house moved from that location without a study. The Chairman said the immediate alternative is that the Town maintain it because the Town owns it . He stated if it goes too much longer, everyone knew what would happen to it, and it will not get any better . Mr. Jaquith said the Board would have to spehd some money on it or do something with it The Chairman said even two or three months waiting is an invitation to vandalism Mr. Jaquith said the sheds on the back could be re- moved from there, which, he believed, did not have any significance to the house. The yard could be cleaned up a lot. The Town could do a little outside work. One cellar window is open and a match could be dropped P in there The Chairman said some youngster may have left the cellar window open. He asked if the Historical Society had any interest in the house. Mrs. Morey said this has not been brought before the Historical Society and the council has too limited funds to be in a position of acquiring a house. The Chairman asked if the Historical Society would be interested in maintaining the house and would it have any reason to. Mrs . Morey replied she thought if it were to be main- tained, $2,000 would have to be spent and she did not know how much of the rent had been put into maintenance. Mr. Carroll explained the rent, and all receipts. have to go into the Excess and Deficiency Account . The Chairman asked how much it woLld cost to take the house down. Mr. Carroll replied 200 or $300. The Chairman asked if the Town spent $200 or $300, could the house be maintained for thirty days : . Mr. Carroll replied it could be maintained for less than that for thirty days He said he could have the windows boarded up and the house kept tight. 231 The Chairman asked how the Board would feel to grant- ing an extension of time, say thirty days, before the house is taken down, and within that time, this group come in with some concrete suggestions as to what can be done. Mr. Ripley said the idea of selling it implies ad- vertising it. The Chairman said he did not think the Board could sell it because the land was acquired for a specific purpose. Mr Ripley said he meant to sell the property as it is and get the owner to live in it for the next fifteen years The Chairman said this property has been acquired for a specific purpose. It does not mean Emerson Road in toto is through. The Board would have to go to Town Meeting because this property was acquired for a specific purpose. /+ It was agreed that two or three individuals repre- senting the group would take a real estate man, make an appointment with Mr. Carroll, and go through the house. Upon motion duly made and seccnded, it was voted that Mr. Ripley and his committee study the matter and bring a report within thti ty days, during which time the Selectmen guarantee not to destroy the house. The group and Mr. Carroll retired at 10:35 P.M. 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 the Town Counsel, pertain- ing to the 1775 Realty Trust, and a police matter, it was voted to resume the open meeting. Upon motinn duly made and seconded, it was voted to adjourn at 11:07 P.M. A true record, Attest !L�2 '' x'ecuive,.Clerk Select en