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HomeMy WebLinkAbout1964-09-28-min 392 , -; er SELECTMEN'S MEETING September 28, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, September 28, 1964, at 7 :30 P.M. 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. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors . The following Jurors individuals were drawn for jury duty: Robert Fekete, 11 Blueberry Lane; George E. Rowe, Jr. , 9 Forest Street; Arthur J. White, 6 Page Road and Stanley Rosenberg, 6 Juniper Place. Mr. Carroll retired. Further consideration was given to Miss Ruth Ryan's meeting with the Board two weeks ago, at which time she described conditions that exist on her property located ' at 21 Revere Street Mr. Carroll said as far as ne was concerned, there Drainage is some erosion of the banks of the stream. He said there is no leaching field going into the brook Miss Ryan claimed there was flooding which he said is ap- parently very irregular and was due to the fact the culvert under Revere Street was not of sufficient capacity. He said he would not recommend piping the brook because it would benefit only Miss Ryan and her father, and pointed out that the Tropeano property across the street is in worse condition. He stated that the cost of piping theiece of brook beside her house would be Woo for a 48" pipe. This would not include any work to rebuild the culvert in Revere Street. He recommended thtt nothing be done . Mr. Sheldon asked if anything else could be done. Mr. Carroll replied that he could put some fill along the banks of the brook but this is not acceptable to Miss Ryan. She wants the brook repiped. She would accept a retaining wall but that would cost just as much money and would not be as efficient. He recommended no action except for restoring the banks of the brook with fill. Mr. Cataldo asked about fixing the bank and sodding it . Mr . Carroll said that would be a solution if confined to the side upon which _ger house is located. Mr. Brown asked if a precedent would be established if it were loamed and sodded and five years from now the condition re-occurred. Mr. Carroll said she would be back to the Town 4 he Chairman said the Town has no liability, and if anything is done, the .e are other areas in Town where people have similar problems. He said he understood the extent to which the Board is willing to go would be to bring the bank back and sod it. Mr. Carroll said he would just as soon tell Miss Ryan that it will be done when tie department has the time. He said some day the entire brook will have to be piped but that should be done as a project taking care of many people instead of just one. Upon motion duly made and seconded, it was voted to advise Miss Ryan that the extent to which the Board is willing to go at the present time is to fill and sod the bank on the side where the house is located, the work to be done as soon as the Superintendent of Public Works can schedule the time necessary. Mr. Carroll reported thst people by the na.ne of Housler were looking to buy #14 Larchmont Lane , street number, 12, and carefully checked everything before buying the house. They were concerned about water and were told by the Engineering Department that water was available, but the facts are that the main does not ex- Water tend up to the corner of their lot. He said if this (Housler) were an ordinary case, he would say they should apply to the Board for next year, but Mrs Housler claims, and there is some basis for the claim, that she was told there was water available to that lot before she pur- chased it. He said he would like permission to extend the water forty or fifty feet to the corner of Housler' s lot . They would have to pay a betterment in full before the extension is made He said he would like to include an item in the 1965 budget to close out this pieceof water in the street. Mr. Cataldo asked the reason for doing it in two different operations M . Carroll explained there are not sufficient funds to do it now. Mr. Brown asked if it would be worth it next year to go to the bother of closing the gap and Mr. Carroll replied in the affirmative. He explained that a better- ment would be assessed for the entire frontage now. Upon motion duly made and seconded, it was voted 94 tr 01 to authorize Mr. Carroll to extend the water main fifty feet, more or less, to serve the property at #12 Larch- mont Lane owned by Housler. Mr. Carroll referred to Chapter 90 maintenance Chapter 90 allotment for 1985 and reported that at the hearing, maintenance in the County Commissioners ' Office, most of the cities and towns were increasing the requests for maintenance. He said he thought the Town should get more money and he changed the request from $4,500 to $8,000. The Board unanimously approved Mr. Carroll's action. The Chairman read a letter from the Lexington Jay- cees in regard to closing the dump on Sundays, request- Dump ing all information the Board may have stating the reasons why the Board feels that the dump should be closed on Sundays . Mr. Carroll reported that last Saturday the dump handled the load without any trouble. He was there three hours and no one had to wait more than ten or fifteen seconds to get a space. He explained that in the Town of Wellesley, where they have an incinerator and no rubbish collection, the incinerator is not open Sundays and the Superintendent of Public Works told him Wellesley has no trouble. Mr. Cataldo reported that he and Mr . Carroll were discussing the possible extension of he so-called Meriam Street parking area and they both felt that some action Meriam St. should be taken and something done before snowy weather. parking lot He asked if it was the feeling of the Board to proceed with this project.. The Chairman said it would entail some land taking. Mr. Cataldo said the Board should decide what it is going to do. Mr. Carroll submitted a plan and indicated the area involved and explained the problems which will arise in Grant Place. He stated the question is whether there should be a connection between this parking lot and the Edison Way Parking lot, and also if it should be made more use_ul by acquisition of additional land. He said it involves time and thought a±id his question is what the Board wants him to do on it . Mr. Cataldo said if anything is to be done, now is the time to start and he was sure the railroad would co- operate. Mr Carroll said his department could probably find the time to work on the survey but when that is done, it should be given to a consultant because he has no one who can design an underpass . The Chairman asked how the Board felt about extending the parking lot. It was unanimously agreed that Mr. Carroll should go as far as he can go and then return to the Board with an estimate of cost and what the various ideas are. Mr. Cataldo said the Board has discussed zoning and as it looks now, he thougat the Board should take a different approach on getting something done . He pointed out that something is needed in the way of zoning with the financial picture as it is . He said Rezoning his thinking was for the Board to take the initiative itself He asked what the tax rate would look like five, eight or ten years from now if additional revenue is not received from areas other than residential He said he did not think the Board could wait for other committees, and figures should be compiled by January and have the complete picture to present to the people. Mr. Sheldon said Mr. Cataldo 's thought wrs to form a committee. Mr. Cataldo said the Selectmen were going to have to take the initiative and get this done . Mr . Sheldon said the Town has to be given the information. Mr Cataldo explained this should be attacked with no specificcrezoning projects in mind, just to show the people what the financial picture will be if the Town does not get any assistance. Mr. Sheldon suggested that the members of the Board come in next Monday night with recommendations, and asked about the size of the committee . Mr. Cataldo suggested that a five-man committee should be the maximum. He said he did not like to draw on other boards or committees because of the time Committee involved, especially when it is so close to budgets and Town Meetings He said whatever yelp the Boards can give should be obtained but they should not be relied upon entirely as being a working committee. He also recommended that two good financial men be considered for appointment to the committee and explained that it would require someone who has time to devote to the School Department and its operating budgets and to the Department of Public Works . It was agreed to be prepared to appoint such a committee at the next meeting. Mr. Carroll retired at 8 :05 Y.M. Pursuant to provisions of Chapter 139, Section 1, of the General Laws, as revised, hearing was declared open relative to the conditions of property believed Cummings ' to be owned by Bevel L. Gmmmings, 48 Wildwood Avenue, hearing and located at 475 Massachusetts Avenue, Lexington 396 Kws/ e74 al Notice of the hearing, dated September 18, 1964, was sent to Mr. Bevel L. Cummings, 48 Wildwood Avenue, Arlington, certified mail, return receipt requested Mr. Cummings was not present at the hearing. The Chairman read a letter written to Mr. Cummings by Donald K. Irwin, Building Inspector, on April 7, 1964. He also read excerpts from Chapter 139 of the General Laws and stated that it is within the province of the Board of Selectmen to decree the property a nuisance. Mr. Cataldo reported that Mr Cummings is meeting with the Board of Health, having had an eight o'clock appointment with that Board. The Chairman said Mr. Cummings has had since April 27 to correct this situation. Upon motion duly made and seconded, it was voted, under Chapter 139 of the General Laws, to order Bevel L. Cummings to abate the nuisance within thirty days; the Building Inspector to be advised and requested to see that the order is enforced. (Mr. Cummings arrived later in the evening. ) Application was received from the Lexington Assembly Paper #37, Order of the Rainbow Gurls, for permission to con- Drive duct a paper drive on Sunday, October 18, between the hours of 1:00 P.M. and 4:30 P.M. The Board had no objection. Application was received from the Church of Our Redeemer for permission to conduct a paper and rag drive on Sunday, November 8, between the hours of 1:00 P.M. and 6 :00 P.M. The Board had no objection. Telephone call was received on behalf of St . Brigid' s Church and the Sacred Heart Church for permission to con- duct a Paper Drive on Sunday, October 25 The Board had no objection. The Chairman reviewed the charge to the Lexington Abate hall Lions Club for the use of Cary Hall on Saturday, June 27. charges Upon motion duly made and seconded, it was voted to abate the charge in the amount of $35. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held September 21, 1964 Upon motion duly made and seconded, it was voted to grant the following uses of halls, all free of charge but subject to custodian' s overtime services : American Association of University Women Estabrook Hall Lexington Choral Society Cary Hall 397 Form letter was received from the Capital Expendi- tures Committee, together with a budget form for the Board 's use in submitting proposed capital budget items Capital for the five-year period 1965 - 1969. Expendi- Mr. Sheldon said the committee is entitled to the tures information as soon as the Board can submit it, but he did not know about the October 23 deadline. The Chairman reported that Mr. James J. Carroll, Clerk to the Board of Registrars, felt there is no Appoint- hurry relative to appointment to that Board to fill ment the vacancy caused by the death of Malcolm E. Clifford. He was quite confident that the remaining two registrars could handle the work involved with the November election. Mr. Gray reported that he received a request from Mr. John Blaisdell, Chairman of the Appropriation Com- mittee, to have an article inserted in the warrant to make provisions in the General By-Laws so the Committee ' s report can be mailed to every house instead of to each registered voter Mr. Blaisdell is attempting to con- tact the By-Law Committee. Upon motion duly made and seconded, it was voted to insert an article in the warrant for the Annual Town Article Meeting. The Chairman reported thet the office received a telephone call from Jules P. Sussman, Chairman of the Conservation Commission, inquiring about acquisition of the Burton Harrison land Upon motion duly made and seconded, it was voted to insert an article in the warrant for the Special Town Meeting, November 16, relative to the acquisition of the Burton Harrison land adjacent to the so-called Willard's Woods, subject to receipt of State approval. Mr. Gray read a memorandum from Mr. Zaleski, Planning Diredtor, with reference to communication received by the Selectmen from Nunzio DeLeo, Somerville, Land ad- inquiring if the Town desired to purchase land owned jacent to by him and located adjacent to the Tarbell Avenue school Tarbell site. Avenue Upon motion d. ,7.y made and seconded, it was voted school to advise Mr DeLeo that there appears to be no advan- site tage to the Town in acquisition of this parcel of land and that the Planning Board does not recommend its purchase . I 39 S C[` Pursuant to provisions of Chapter 139, Section 1, of the General Laws, as revised, hearing was declared open relative to conditions of property believed to be Trebino owned by Stephen Trebino, 83 Spring Street, and located hearing on Dunham Street, Lexington. Notice of the hearing, dated September 18, 1964, was sent to Mr. Stephen Trebino, 83 Spring Street, Lex- ington, certified mail, return receipt requested The Chairman had pictures of the property taken today by Mr. Gray and also read the Building Inspector ' s report of May 12, 1964 and a letter of September 9, 1964. Mr. Trebino was the only person present at the hearing, and he stated that he was in the process of tear- ing the building down and that it would take a week. The Chairman asked if there was one or two buildings. Mr. Trebino replied there are two buildings and both will be taken down this week. He said he intends to build_on the cellar foundation Mr. Trebino looked at the pictures taken by Mr. Gray and stated the buildings would definitely be down this week. The Chairman asked the Board if it would like to defer action for one week. Mr . Sheldon suggested that Mr. Trebino be given two weeks. Upon motion duly made and seconded, it was voted to defer any action for two weeks. Mr. Trebino retired at 8:34 P.M. Mr. Cataldo mentioned the Route 3 Committee and recalled that no appointment has been made to fill the Route 3 vacancy caused by Mrs Riffin's resignation. He reported that he talked to Mr. Whitcomb last Thursday and Route 3 is no part of the calendar they are working on He said he was still trying to get the construction calendar Mr. Gray reported that when he and Mr. Carroll attended Kiln Brook the hearing on Chapter 90, Commissioner Sergeant mentioned Kiln Brook which he said would be ready very shortly Mr. Cataldo referred to letter from John Blackwell in regard to widanding Pelham Road and said that instead Pelham of widening the road, the Board should give some thought Road to making it one way and constructing Tavern Lane. He also suggested getting comments from the Traffic Study Committee before relocating Pelham Road. The subject was referred to the Traffic Study Com- mittee (ISI Upon motion duly made and seconded, it was voted to request all departments to submit their 1965 budgets Budgets not later than November 16. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect the public security, Session the financial interest of the Town, or the reputation of any person. Following discussion of the Lyon property and matters pertaining to the Police Department, it was voted to resume the open meeting. Mr. Bevel L. Cummings, supposed owner of property at 475 Massachusetts Avenue, met with the Board. Mr. Sheldon reported that Mr. Cummings had told him he does not own the property. Mr. Cummings explained that his father died without Cummings ' a will and there are three parties interested in the hearing property, he, as a son, his sister and a nephew He said the building was falling to the ground and he fixed up the little house. He said it came to the point the estate was never settled and Mr. Brown, attorney for his sister, went to run down the title. His father pur- chased the property in 1909 and paid cash except for $2,000. The J. B. Prescott Co took a mortgage for $2,000 which was paid off in twenty months , but there appears to be a mortgage there since 1911. Amos Taylor, attorney for Prescott, was consulted and it was found that the mortgage was never discharged He stated the matter was brought into court and the story he has is that it is now down at the Registry of Deeds waiting to come to the topy-of the list. He said he does not own the property, but would do anything he can to pacify the people He stated he boarded the doors and windows and the best thing to do until the matter is settled is to board all the windows Mr. Sheldon suggested that Mr. Chmmings consult with Mr. Irwin, Building Inspector. The Chairman said at the Pres=nt time, this property is part of an estate. Mr. Cummings said that was correct, and stated that his sister is administratrix and he is administrator. Mr. Cataldo mentioned the old car on the property and Mr. Cummings said he would see what he could do about removing it . Mr. Cataldo said someone would have to be responsible for making the buildings safe I 400 �R CM Mr. Cummings said the final papers, where the estate was advertised, are down at the Registry of Deeds . Mr. Legro explained that probating is automatic if the procedures are followed Mr. Cummings said one heir is in Arizona Mr. Legro asked who received the revenue from the use of the property, and Mr. Cummings replied that he does Mr. Legro said he would judge that Mr Cummings was probably administrator or otherwise he was local agent for the rest of the heirs Mr. Cummings said the tax bills and doctor ' s bills were all sent to him. Mr. Sheldon asked who paid the bills, and 4Ir Cummings replied that he has for the past few years . Mr. Sheldon said apparently Mr Cummings is willing to do whatever is necessary to abate the nuisance and he thought it could be worked out with Mr. Irwin. Mr. Gray suggested that Mr. Irwin meet Mr. Cummings on the property Mr. Cummings asked if the Board meant for him to make the building safe so children would not get hurt, and Mr. Sheldon replied in the affirmative. Mr. Legro said so it would not become a fire hazard to the abutting property. The Chairman asked Mr. Gray to arrange a meeting with Mr. Cummings and Mr. Irwin to see what could be done. ' The meeting adjourned at 9 :25 P.M. A true record, Attest: ecutive" Cler , Select► n kY k J�4�