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HomeMy WebLinkAbout1964-12-21-min 5® 6 2: SELECTMEN'S S MEE'EING December 21, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 21, 1964, at 7 :30 P.3y1. Chairman Cole, Messrs. Brown, Burnell, Cataldo and Sheldon 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. Carroll reported that he took bids this after- noon on the Concord Avenue sidewalk and advised that the work will not start until April There were six bidders and Belli Bros . was the low bidder with a bid Sidewalk of $25,769.25 and an alternate, to carry the work to bid Station WCOP, a total bid of $32,417. He said he would know next week whether the contract can be awarded and whether there will be sufficient funds to do the job the entire length. Mr. Carroll referred to the Bedford sewer bill and said that the Bedford sewer meter is not working. A letter was received from the Bedford Board of Selectmen saying they thought they paid enough mosey for sewer this year based on their electric consumption at the pumping station He reported there is some basis that the meter will be working correctly, but it still, as Bedford far as he is concenned, is not an accurate way of gauging sewerage the flow. His personal recommendation is that the Town bill Bedford in 1964, figuring their average rate of flow was 300 gallons a minute. He said Lexington should not take Bedford 's figure and it should not bill them too high. The Chairman asked if Lexington could justify its figures and Mr. Carroll replied in the affirmative Mr. Cataldo suggested that the Bedford Board be advised that Lexington will defer billing until the meter is repaired, thei. it will get an average flow. Mr. Carroll asked if, under the contract, this could be done legally. Bedford is looking for a 1964 bill and want it now. Mr. Sheldon suggested billing Bedford and advising the Bedford Selectmen that the bill is subject to a review when the meter is repaired; advise them that the bill will stand unless and until the meter is repaired. He said then Bedford could come back and discuss the matter. 507 Mr. Carroll mentioned the Woodhaven trunk sewer and indicated three parcels of land on a map An error in the location of the easement was made by the Engineering Department . He said the cutting on the ground of the trees has been made to the north of where it should actually be if the original easement plan is used. He stated the sewer could be put where it was originally going and cut wider but the Town would end up paying additional damages for the increased taking. He recommended taking a new easement entirely to the north of the present easement and abandon the old easement at a Town Meeting. He stated there is Woodhaven nothing on the ground that will influence this at all. sewer It is all woods. The problem is that the contractor has easement already gone up to the corner which he indicated on the plan. Mr. Legro advised that a new taking would nave to be made and it would be easier to take that part of it that is outside and abandon that portion not needed that was in the original taking. The Chairman asked if the Board had authority to take a new easement . Mr. Legro replied in the affirmative. The Chairman said the Board did not have the authority to abandon an easement . Mr. Legro explained that the Board was granted authority to take it by vote of Town Meeting and must be granted authority to abandon it The' Chairman read a letter from Ruth Morey, (Mrs. George P. ) , 90 North Hancock Street, requeting deferment of a sewer betterment in the amount of $861 .33 and a Deferment water betterment in the amount of $187.50, Blake Road; Water her property consisting of one lot, numbered 90 North betterment Hancock Street. She explained that, although recently decreased in size through sale of Part of it , it is still one lot, with sewer and water coming from North Hancock Street and no benefit is derived from the sewer and water on Blake Road . Mr. Carroll presented a plan and indicated the pro- perty in question which has frontage on North Hancock Street and Blake Road. Upon motion duly made and seconded, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of $861.33 sewer better- ment and $187.50 water betterment, without interest, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately 508 tan if the facilities of the water and sewer mains are used for said land or any part thereof. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following Pole Vo pole locations, all having been approved by Mr. locations Carroll, Superintendent of Public Works : Bryant Road, southwesterly from a point approximately 125 feet southwest of Lowell Street, -- Thirteen (13) poles . Guy wire and anchor on 13th pole. Further discussion was held relative to the sewer connection charge of $141.19 made to Martin V. Sussman, Sussman 11 Lexington Avenue . sewer Mr. Sheldon said a settlement was indicated and the connection man felt Mr. Carroll, Superintendent of Public Works, was speaking with due authority. He said he personally felt the Board should back Mr. Carroll on his offer . Upon motion duly made and seconded, it was voted to abate $70.60, leaving a balance due of $70.59. Mr. Carroll retired at 8 :00 P.M. Letter was received from Dean E. Nicholson, at- torney for Virginia Coleman, d.b.a. Wild Acre Inn, 50 Percy Road . Mrs. Coleman desires to change her license from an Innholder to a Lodging House. Wild Acre Mr. Legro said he has no knowledge there was any Inn special permit granted for this so he assumed it is a nonconforming use. He said he has no knowledge as to w,iether it is a nonconforming use as a Lodging House or an_.Inn. The Chairman asked if the Board was authorized to grant a lodging house license. Mr. Legro replied in the affirmative. The Chairman asked if theBoard could grant, upon application, a Lodging House License Mr.Legro replied in the affirmative and said he thought the Board would be interested to know what the operation had been before. He suggested that the Board find out from the Building Inspector what is being carried on there and what has been carried on in the past. If they have been conducting a Lodging House since before the zoning law, he could see no harm in issuing a Lodging House License. The Chairman asked Mr. Gray to follow this through and report to the Board next week. 09 Letter was received from Mr. James J. Carroll, Town Clerk, with copies of an action of contract and a claim against the Town - Massachusetts General Hospital, Claim (hospitalization - indigent resident - George O'ffeara) . Mr.. Legro said this is under investigation at the present time and is something that probably will be re- solved. At 8:00 P.M. , Messrs . Meyer and Bryson and members of the l+exington Chamber of Commerce met with the Board Mr. Kolovson read and submitted a report of the Committee for the Revitalization of Lexington Center. Mr. Meyer said the Planning board previously dis- cussed this program at various times and various places . It is quite willing to recommend the expenditure of $8,000 for the land use circulation study and recommends that it be put under the 701 program. The Chairman said, as a member of the committee from the Board, he endorses the program. Mr. Greeley said the division of function between Revitaliz- the architect planner 3-D design and the landuse circu- ation lation plan does not seem to be clearly spelled out, Report particularly in relation to the time functions. If it is a 701 project, you are going to look and see what kinds of stores are going to be within this physical design, parking facilities, etc. He said it bothered him because of the time sequence. He said there are three units : the architect 's design, the Arthur D. Little underwriting of the feasibility study, and then an amount of work to substantiate the EDA study. He said it seemed to him the Arthur D. Little thing and the report would be as effectively done for $8,000 along with the architect 's design as to wait six months and try and get $15,000 of Federal money and get tied up with 701. He said, personally, he would ask for $8,000 on the basis maybe this is a town consulting job, or maybe a 701, but don't make any comiAtment of spending this only, as and if the Town can get money from the Federal government He said the Town could do this on its own much more promptly. He said he .did not know if Town Counsel could draw an article and leave it open to accomplish this objective. Legro said as long as theTown did not commit itself for the whole of it, he did not see why not. Mr. Kolovson said, with the banks having expressed an intere t, he would not want to have this dropped for six months. The Chairman said at this point he could hear no dissenting voice. The group has thebacking of the plan- ning Board and the Board of Selectmen Mr.1 Bryson asked if only the banks were going to under- write t1.e private side of this venture . He asked if any 510 of the merchants were going to contribute . Mr. Kolovson explained that at this point he did not feel it is necessary to contribute. The time will come when they will have to invest money for remodelling, etc. He said it is easier to see the four banks in Town than to visit fifteen merchants and try to collect . The banks have as great an interest in what the committee is trying to do as any other individual Mr. Bryson suggested that it might be well if the Board could tell Town Meeting that the merchants are willing to co-operate . Mr. Tarbox said the banks are willing to do this . It was not a case of not wanting theothers to contribute. Mr. Brown explained that some property owners and business people of the own did contribute to the initial EDA report. The Board agreed to insert an article in the warrant requesting an appropriation of $8,000. The group retired at 8:29 P.M. Mr. Alan Mead and Richard Michelson, representing the Jaycees, met with the Board. Mr. Mead said they want to request the Board's approval to bring in a circus, the Bond Bros. Circus, about the middle of this coming July. He explained the Jaycees would have to provide a location and are requesting use of the old dump site on Lincoln Street. The Jaycees also have to provide water and police. The circus provides $300,000 public liability and $25,000 property damage insurance. Circus The Chairman asked if the Board, eliminating any site, had any objection to a circus . No objection was expressed. The question of possible restrictions on the Parker Field, as a site, was raised. The Chairman asked Mr. Gray to check the last time permission was granted for the use of Parker Field and report to the Board. It was agreed to take the request under advisement and Messrs. Mead and Michelson retired at 8:37 P.M. The Chairman read a letter from thePlanning Board in regard to acquisition of a parcel of land situated on Adams Street, owned by Adella and Chester Lidberg. Lidberg Mr. Gray reported that this parcel is basically land tied up with Emerson Road. Mr. Burnell said the Board should take steps now to acquire this parcel of land. Mr. Cataldo suggested that the Board talk to the Town Meeting, Planning Board, or both, and see what is doing on Emerson Road . He said a decision should be made once and for all whether Emerson Road is going to be built . He said the Town has approved it in sections 511 and another Planning Board may not want to construct Emerson Road to the full extent. He said the Board should go on record either it is going to build or is not going to build. He said, at the present time, the State can come right through the Great Meadows . He said if the Town reserves the land as open land, it is inviting the State to come ri-ht in there with Route 3. He said Emerson Road will cost a million dollars to go through the Great Meadows, plus $100,000 to go through the Boston & Maine tracks and a decision has to be made. He felt that the Town should know how much this is going to cost . The Chairman said what Mr . Cataldo wants is to make the Planning Board aware of the problem and ask for an up-to-date report. The Chairman read a letter from Dr. H. L. Isaksen, to which was attached a copy of his letter recently sent to Mr. Morey, Chairman of the Trustees of Public Trusts, Transfer requesting funds for the Maxner family. Updn motion duly made and seconded, it was voted to request a transfer of $340, subject to sk:tisfactory clearance Upon motion duly made and seconded, it was voted to apprdve the minutes of the Selectmen's Meeting held Minutes on DeceMber 14, 1964. Upon motion duly made and seconded, it was voted to establish the sum of $86,500 as the amount not less than which the 1965 bond of the Treasurer shall be written; to establish the sum of $1,500 as the amount Bonds not less than which the 1965 bond of the Town Clerk shall be written and the sum of $111,200 as the amount not less than which the 1965 bond of the Collector of Taxes sh,-all be written. Updn motion duly made and seconded, it was voted Licenses to grant the following licenses Richard F. Petrino 316 Marrett Road Common Victualler Lex. Motor Inn Rest 727 Marrett Road Richard B. Becklund 4 Allen Rd. , Watertown Taxi Driver Elden B. Gray, Jr. 111 Barbara Rd. , Waltham " Winifred W. Belcher William M. Belcher Donald W. Birch Caywood Greening, Jr. ft " Douglas E. Hogan n n Edward S. Lenhoff Douglas B. McDowell Robert S. Ross Coleman Vaughan 512 �aF c— Cr The Chairman referred to inquiries made by one Franklyn . Crosby, 30 Baker Avenue, in regard to Article 14 of the Warrant for the Special Town Meeting Legal held on November 23, 1964. He read a letter from Town opinion Counsel stating it was his opinion that it was legal for the Town Meeting Members to vote on Article 14 and that no facts were presented to him, nor has he been able to find any that would constitute any illegality in relation to the article. The Lexington Financial Study Committee and the Capital Expenditures Committee met with the Board at 9:00 P.M. Mr. Yewell reported that the committee has contacted everyone except the School Sites Committee, Library, Schools and Selectmen and expressed appreciation for complete co- operation received. He said the committee would like the Board 's feeling as to where it feels its expenditures are going to go for thenext five years. He said the com- mittee feels if it can give the Board a report through 1969, five years is about the best it can do. Mr. Gray explained the areas in the Selectmen's budget where increases might arise. Mr . Yewell said his committee would like to find out, based on its original charge, how the Board would like to have its final report submitted. He said his committee intends to come in with facts gathered from the department heads. He asked in what form the Board would like the formal report some time in January. The Chairman said theBoard would like to know the facts and figures. Mr. Yewell said all facts and figures will be avail- able in the minutes of their meetings. The Chairman asked if the Board could get the facts and figures if it needed them, and Mr. Yewell replied in the affirmative Mr. Yewell said the committee would come to the Board as soon est can with a rough draft. Mr. Cataldo suggested that the Board ask for a report as the committee proposes and it can go on from, there. Mr. Yewell said the committee is only scratching the surface this year andthis idea should be carried on by some committee or some group; people are interested in what is going to happen in 1969-170, 1971, 1972, 1973, and 1975. He recommended that the work be carried on with the same size committee. The group retired at 9 .25 P.M. 1 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, might adversely affect the public security, the financial interest of the Town, or the reputaticn of any person. Following discussion with Town Counsel in regard to a request for settlembnt of claim for damages, it was voted to resume the open meeting. At 9 :30 P.M. , Mr. Bevel L. Cummings, Mr. Donald K. Irwin, Building Inspector, and a gentleman who neglected to give his name, met with the Board. Cummings ' The Chairman stated that the hearing of Monday, hearing December 14, 1964, postponed until 9:30 P.M. this evening, was open, on the matter of the Cummings ' property at 475 Massachusetts Avenue, Lexington; notices having been sent to Bevel L. Cummings, 48 Wildwood Street, Arlington, and Mrs. Ada H. Mellick, 262 Massa, husetts Avenue, Lex- ington. He asked the Building Inspector for a report Mr. Irwin stated he checked the property the latter part of last week. There had been some closing of the openings in front and side of the house. He said the Board has pictures he took previously, and reported that nothing of a material nature, in his opinion, has been done for some time. The Chairman asked if there was a vehicle still parked there . Mr.Irwin replied there is one to the left of the house, a new addition, and there is one to the right of the building. Mr. Cummings questioned that there were two cars on the property. Mr. Cataldo advised that there were two cars on the property when he came by this evening. Mr. Cummings said that wes news to him and that he never knew there was any car there and if so, it is illegally parked. The Cuairman stated when Mr. Cummings met with the Board before, he agreed, within a two-week period, to clean up the property and put it in presentable repair. Mr., Cummings said perhaps the Chairman misunderstood him. He said he explained at that time why the estate was in the condition it is . He said it was his under- standing that the Building Inspector was going to get in touch with him and tell him what he wanted done tempo- rarily to the property. He said he understood the Build- ing Inspector was to meet him there and he was to point out what he wanted done. He stated he did board up some windows in the front and two large doors at the back of the barn and the bulkhead. He boarded the winders broken 514 Q. in front. He said the little house is empty at the pre- sent time and two stones have been put through the windows There is a Cadillac in front of the barn which is the only car, to his knowledge, on the property. As far as the car in the yard is concerned, #e liad a roan down there to move it, but he could not do so because there was a line of pipes there. The estate has never been settled and is still in probate. His sister contacted the lawyer last Friday and was told that within ten days, the estate will be probated. He said at the present time, no parti- cular person owns the property. The Chairman asked if the property was owned by the estate and who the administrator is. Mr. Cummings replied he and his sister . The Chairman read Mr. Irwin's letter of April 7, 1964 and asked to what extent the conditions have been improved. Mr. Irwin replied the openings have been closed and it is a matter of opinion whether entrance can be gained. He said some of theentrances had been closed presiously and there was a fire on the second floor . Since that time, the openings have bean closed, but other than that, there has been no material change. The Chairman asked if the same car parked there was there when Mr. Cummings met with the Board before . Mr. Irwin said there was a car on the barn side of 11the property. There is now another one to the left of the house. He said he didnot know whether the same car was there or not. Mr. Cataldo said it is the same car. The Chairman said the Board is interested in having the situation corrected . Mr. Cummings asked the Board what it wanted done, He said after another ten days, the family is going to get together and see what disposition will be made of the property, whether he will take it over, whether they will sell it or what they are going to do. He said until that time, there is nothing he can do about it He repeated what he told the Board at the previous meeting in regard to the mortgage on the property Mr. Sheldon asked if it would be possible for Mr. Irwin to make an appointment with Mr Cummings early this week and see what can be done temporarily to make it safe. Mr. Cummings said both places are vacant and it is difficult to control children. He stated he purchased 3/4 plywood and nailed it up on the windows. Two weeks later, two pieces were pried off. The sashes, frames and all were broken. He said he could not be there twenty- four hours a day watching the place. The Chairman read a portion of Section 1, Chapter 139 of the General Laws and said the Board could declare the property a nuisance and order its disposition 010_ Mr. Cummings asked if Mr. Irwin could tell him now just what he did find and waht he wanted done. He said he would get the old car out of there the first chance he has . He asked if he was permitted to park a car on his own property The Chairman said the issue is the condition of the property in general. Mr. Cummings asked if it was wrong to park a car on one ' s property, registered or not The Chairman said it would depend on the conditions that exist. He asked if Mr. Cummings owned the cars. Mr. Cummings replied all he knew about was one car, an old Cadillac, which is his. Mr. Legro asked if Mr . Cummings was one of the owners of the building now Mr. Cummings said one of the owners, that was right . He said there are three people in on the property and it is hard for one person to make all the decision s until there is a clear title to the place. He said he could not go much further until the estate is probated . Last Friday, the Lawyer said he hoped to have a clear title in ten days . Mr. Cataldo asked who would own the property in ten days. Mr. Cummings replied he did not know. He said when the title is clear, he will sit down with the rest of the family and see what is going to be done with it . He said he might own it, they might sell it, his sister might own it, he did not know. He said he has been paying the taxes all these years and it has been a burden, expense and eyesore to him. The Chairman said Mr. Cummings did have an interest in the property along with the other individuals and it is within the province of the Board to make a decision whether the building is a nuisance or not . He said Mr. Cummings would be notified of the decision along with the other owners . He said the Board would make a decision and advise him. Mr. Cummings asked what the decision was about, and asked whet the Chairman meant that the building was a nuisance. He said the Board agreed that the Building Inspector would mate an appointment with him and go over the property and state what should be done. He said he boarded the windows and took care of any openings . If there have been more windows broken, he will board them so no one can get inside the place. Mr. Burnell suggested that Mr. Irwin and Mr. Cummings get together this week and make an effort to take care of this within a week's time so the Board could have a report the following week. _ F. Am 071 The Chairman said at this point he wanted to know if there are any other facts Mr. Cummings or Mr. Irwin could make known to the Board Mr. Cataldo asked if Mr. Cummings could give the Board a definite answer what he is Going to do with the building in two weeks Mr. Cummings replied he could not guarantee that . Mr. Cataldo said the ten-day period he spoke of could be six months . Mr. Cummings said his nephew is in Arizona. If the property is a nuisance, he asked if the Board was afraid someone was gang to get into the property He asked if the Board wanted it boarded up or just what did it want . He said he was here to get information. He said Mr. Irwin should tell him what to do and he would do all he could to co-operate The Chairman said anything the Building Inspector would tell him, he would be acting for the Board. If there are no further facts to be presented or questions from the Board, he would declare the hearing closed . #e said the Board would consult with the Building Inspector and let Mr. Cummings know what is required Mr. Cummings asked if the building was to be dediared unsafe, or what was wrong. The Chairman said these are the decisions that will be made by the Board, and so inform him. Mr. Cummings asked what would create a nuisance The Chairman said this is what the Board will decide and Mr. Cummings would be informed of the result and should hear in a very short time. The hearing was declared closed, and Mr. Cummings re- tired at 9:55 P.M. Mr. Irwin said the last time the Board had Mr. Cummings in, there was some boarding-up done . Then there was another fire in the second floor. This again has been boarded up. Mr. Cataldo inquired about the Board' s rights . Mr. Legro said he would like to have evidence of this evening, as to what condition the property is in and what might be done to correct it . He said Mr. Cummings was asking what he could do about it . The Chairman said the Board has the power to declare the building a nuisance. Mr. Cataldo asked if the ,,Board could legally do anything. Mr. Legro advised that a report should be made by the Building Inspector describing where it is burned, how it is dilapidated, what is wrong with it, broken windows, sills are rotted. He said the property should be described so the Board can arrive at its determination of the condition He also advised, for its own protection, the Board should set 11 forth the facts before it reaches it reaches any conclusion. e) 1 The Chairman said the Board did not have to make a decision this evening. Mr. Legro replied that was correct; there is no time limit The; Chairman said the Board could have a detailed re- port froth the Building Inspector or the members of the Board could go down and inspect the property Mr. Legro informed the Board that Mr. Cummings has a right of Appeal. He said if the Board is going to find the property dilapidated, burned or dangerous, it should have something to support its decision. Mr. ' Irwin asked what the Board wanted The Chairman replied a thorough inspection and a de- tailed report with specific things that are wrong with the building, and his opinion as to the advisability of restor- ing it to a proper state or tearing it down Mr. Irwin said he would also take some more pictures. At 10 :10 P.M. , Chairman Boughton, Mr. Chapin and Mrs . Rawls of the Capital Expenditures Committee met with the Board. Capital Mr. Cataldo submitted a progress report on the Hunt Expendi- Block. tures Mr. Gray reported that the Appropriation Coiaittee Committee will be meeting next Monday night , at which time this subject will be discussed. As far as that committee is concerned, it is within the lines of what the Board discussed with it and they feel it should be fully expbred. The Appropri- ation Committee has not heard anything that would dis- courage it from looking into the matter. Mr. Boughton reported that his committee feels the Town is financing a very good deal for the Trust, that the Town is , in effect, staking the Trust to the down payment for the financing of this building, and whether this is bad or good would be the argument. Mr. Cataldo pointed out that the Tnust is not anxious to do this and the Town will not be financing a new building. Mr. Boughton said his committee would not support a $250,000 project that would only widen Massachusetts Avenue, but would support such a project tied in with some redoing of the center of the Town Following a rather lengthy discussion of the subject, the Capital Expenditures Committee retired at 11:05 P.M. Upon motion duly made and seconded, it was voted to close the Town Office Building at noon on Thursday, Town December 24, 1964. Offices 518 v ty Cri Upon motion duly made and seconded, it was voted IIto adjourn at 11:10 P.M. A true record, Attest : -,xec pred v , le F, Se eciir n 1 I